Old Bailey Proceedings, 14th September 1796.
Reference Number: 17960914
Reference Number: f17960914-1

THE WHOLE PROCEEDINGS ON THE KING'S Commission of the Peace, Oyer and Terminer, and Goal Delivery FOR THE CITY OF LONDON; AND ALSO, The Goal Delivery FOR THE COUNTY OF MIDDLESEX, HELD AT JUSTICE-HALL, IN THE OLD-BAILEY, On WEDNESDAY, the 14th of SEPTEMBER, 1796, and following Days, BEING THE SEVENTH SESSION IN THE MAYORALTY OF The Right Honourable WILLIAM CURTIS, ESQUIRE, LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY MARSOM & RAMSEY,

LONDON: PRINTED AND PUBLISHED, By Authority of the CORPORATION of the CITY of LONDON, By W. WILSON, St. Peter's-Hill, Little Knight-Rider-Street, Doctors' Commons.

1796.

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

BEFORE WILLIAM CURTIS , Esq. LORD-MAYOR of the CITY of LONDON; the Right Honourable Sir ALEXANDER THOMPSON , Knight, one of the Barons of his Majesty's Court of Exchequer; the Honourable Sir GILES ROOKE , Knight, one of the Justices of his Majesty's Court of Common Pleas; Sir JOHN WILLIAM ROSE , Knight, Serjeant at Law, Recorder of the said City; JOHN SILVESTER , Esq; Common-Serjeant at Law of the said City; and others, His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Gaol Delivery of NEWGATE, holden for the said City and County of MIDDLESEX.

First Middlesex Jury.

Joseph Smith ,

John Allen ,

Thomas Broomfield ,

William Coltman ,

Thomas Nevelt ,

Samuel Bailey ,

Ralph Tutin ,

Christopher Gill ,

George Langdon ,

Edward Hayley ,

Thomas Wallis ,

Thomas Laycock ,

Second Middlesex Jury.

John Middleton ,

Edward Fell ,

Stephen Glover ,

John Lejeune ,

Christopher Binks ,

George Nox ,

William Sandison ,

Thomas Hobson ,

John Stewison ,

John Howell ,

Wray Nixon ,

Thomas Boswell ,

London Jury.

Hector Barnes ,

Thomas Hedgley ,

Edward Rose ,

James Barlow ,

George Webb ,

Samuel Fearey ,

William Packer ,

George Adams ,

Uriah Wilkinson ,

Benjamin Poizer ,

Joseph Board ,

Francis Wyman .

Reference Number: t17960914-1

458. SARAH ENGLISH was indicted for breaking and entering the dwelling-house of Thomas Roberts , on the 14th of June , about the hour of twelve in the night, with intent the goods in the said dwelling-house, feloniously to steal; and stealing therein twenty-eight pair of women's stays, value 30l. the property of the said Thomas, the said Thomas and his family being therein .

THOMAS ROBERTS sworn.

I am a stay-maker , I keep a house in Whitechapel-road , I have no lodgers, it was broke open on the night of the 14th of June, I was last up myself, I went to bed before eleven o'clock, the window-shutters were all fastened with a screw, and the doors were fastened in the morning as I had left them; one of my apprentices, who was up first in the morning, called me a little after five, and told me the place was broke open; I went down immediately, and when I went on the outside, I took down a large shutter, and the glass was broke, the screw of the shutter was broke all to pieces, and all the stays taken out that were within reach, and then the shutter was put up again; I have two windows on each side of the door, and the other was served the same exactly.

Q. Had there been stays in those windows overnight? - A. Yes; I laid them in myself, I missed twenty-eight pair; I immediately applied to all the pawnbrokers for several days, and on Saturday, I found a pair at Mr. Price's; I had called there several times, and he gave me information of them; I never found any more of my property, Mr. Price has them here. I never saw the prisoner till she was taken on Sunday, the day after the stays were found.

Q. Who sleeps in the house besides yourself? - A. My wife, and children, and three apprentices.

JOHN PRICE sworn.

I am a pawnbroker, No. 121, Wentworth-street, Whitechapel. On Saturday morning the 18th of June, the prisoner brought me this pair of stays to pledge, I had seen her before, they were new stays; I had a suspicion that they belonged to Mr. Roberts, I stopped the stays, and went to Mr. Roberts; she told me she was sent by two men with these stays to pledge, she went to fetch the two men, she came back again in about an hour after; I sent to Mr. Roberts in the mean time, and he came and owned the stays; I told her that the stays were owned by Mr. Roberts; she said, she had them from two men, and while she went back to them, they were gone away.

Q. When you sent her away the first time, did you hint your suspicion? - A. I told her I would shew them to a person who would be glad to see them, and I stopped the stays and she went away.

Q. How came you not to stop her the first time? - A. She was a customer, and I knew where her place of abode was; she was taken at her place of abode; I told Mr. Roberts her name, and where she lived.

Q. Is she a married woman? - A. She passes for a married woman.

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

THOMAS GRIFFITHS sworn.

I am a constable belonging to Lambert-street: On Friday the 18th of June, I received an information from Mr. Roberts, that the prisoner was concerned in the robbery of his shop; I found out where she lived, on Sunday morning, and took her; her husband, William English, was in the house at the same time.

Q. What business is he? - A. I believe he gets his bread chiefly among gamblers, and plundering the town; I searched her, but found nothing upon her; I told her, I heard she had been pawning a pair of stays, belonging to Mr. Roberts; she said, the stays were given her to pledge, by two men; she said, one was John Leach , a man whom we know, and I don't recollect the name of the other. (The stays were produced in Court.)

Mr. Roberts. These are my stays, I know them by my own writing in the inside; I always write upon every pair I make, with the first letter of the person's name that they belong to; I never make any but what are bespoke before they are made.

Q. (To Griffiths.) Did you search the house of the prisoner? - A. Yes, but I found nothing else.

Prisoner's defence. I got up at nine o'clock, laid my fire, and went out to the Black-swan, the corner of Rose-lane, to get a boiler of water, I saw two men; they asked me to go of an errand for them; I carried the boiler of water home, and returned; they asked me to go to Mr. Price's, and pawn a pair of stays; I went, and asked 12 or 14s. on them; he said, they were not worth so much money, and asked if they were mine; I said they were not, a young man sent me with them to pawn; he asked if they would sell them; I said, I would go back

and ask; I went back and asked him if he would fell the stays; I went to sell them, but went home first; they came to my house, and asked me if I had got the money; I said I had not been; I then went to Mr. Price, and asked if they would suit him, and this gentleman came, and said, they were his, the men were to wait at the corner of the street; I was frightened, and went to see for them, and they were gone; they came again at night, and I told them the stays were stopped, and said, it was a very barbarous to lend me with stays they did not come honestly by; the next morning the officer came and took me out of bed.

Q. (To Price.) Did you say any thing to her about buying the stays? - A. I might, I don't know; I believe I might ask her if they were to fell.

Q. Did she take them back again the first time? - A. I believe she did; I told her, I could shew them to a person, who, I believe, would be glad to see them; when she came back, she said, they were for sale.

NOT GUILTY .

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

Reference Number: t17960914-2

459. MATTHIAS KNUCKEY was indicted for being found at large on the 1st of September , before the expiration of the term for which he was ordered to be transported

JOHN OWEN sworn.

I am turnkey to Mr. Kirby, the keeper of Newgate, (produces the record of the correction.) In April, 1794, the prisoner was tried and convicted here; I am sure as to the man; afterwards I delivered him at Southampton, on the 28th of October, 1795, to go to the West-Indies to the officer appointed to receive him, and 43 others to be put on board the transport to go as a soldier in the 60th regiment.[The record of conviction was read.]

JOHN MILLER sworn.

In consequence of an information, on Thursday the 1st of this month, I went to a lodging in St. Giles's, and took the prisoner in bed; I took him to a Magistrate, and sent for Owen, and he identified him.

The prisoner in his defence delivered in a paper, which was send by the clerk of the Court, stated, that if he had erred, it was through ignorance, as he had used no means to prevent himself being taken; that he received a conditional pardon to serve as a soldier, and in October was taken from Newgate to Southampton, and put on board the Jonah transport; that he afterwards sailed in the convoy with captain Christian's sleet, and was carried to Martinique; that be again embarked on board a schooner for St. Domingo, to join the 60th regiment; that after he had been there three days, he was ordered to Tobago; that he went on shore to fetch some wine on board, and that while he was gone, the wine was brought to the boat by some other persons, and before his return the boat put off and left him; that he got on board a ship belonging to captain Dickson, and came to England, and that when he was taken, he was on shore by leave of the captain; that it was not his intention not to fulfil the condition; that it was not in his power to fulfil it; that he hoped he was not criminal, and threw himself on the Court for mercy; that he expected captain Dickson to attend.

Q. (To Miller.) Have you seen the captain - A. I went on board, but did not see him; he behaved remarkably well at the time I apprehended him.

Prisoner. I only came on shore the night before.

GUILTY, Death , aged 21.

He was recommended by the Jury to be sent again to the 60th regiment .

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

Reference Number: t17960914-3

460. MATTHIAS PARKES and THOMAS BROWN were indicted for forging and counterfeiting a five guinea Bank-note , dated Rington, Salop, April 20, 1796.

Second Court. For uttering the same, knowing it to be forged.

(The indictment was opened by Mr. Knapp, and the case by Mr. Knowlys.)

WILLIAM HULLS sworn.

Examined by Mr. Knapp. I am a boot and shoemaker, in Holborn, I know both the prisoners very well; about eight or nine months ago, the prisoner, Parkes, came to me, I lived then in Fetter-lane; he came and bought goods of me, which I never got paid for.

Q. When did you see Brown for the first time? - A. On the 13th of last June; Brown came to my shop, in Holborn, about eight or nine o'clock, and told me he wanted some boots and shoes; that he was going to the West-Indies.

Q. What part of Holborn? - A. Opposite Brook-street; he said, in all probability, before he should wear them out, he should be shot.

Q. Did he tell you his name? - A. Yes; I took it down in writing, "Captain Brown;" he looked out two pair of long boots, one pair of military boots, and one pair of short boots, and eight pair of shoes, and a dozen of strings; the shoes and boots came to 61.8s. I gave him the strings, and lent him a handkerchief to wrap them up in; when he had looked them out, he said, if I would send my boy a little way with him, he would return the money; but before he set off, he asked me if I would take measure of him for two or three pair

of boots, which I did; I thought it not proper to send the boy, I went myself; I asked him first what sort of tops the boots should have, he said yellow; I told him I had the pleasure of making up some boots for some gentlemen in the West-Indies, belonging to the 17th regiment, and they were lined with yellow; and he then said he belonged to the same regiment; I asked him if he knew captain Dixon and major Raw; he said, O dear, yes, I know them very well, they are my companions; I said, how is it that you are not gone with them; he said he had been under orders with them in Ireland, and was then going over to them; going across the fields he talked more of captain Dixon, and he said his brother was agent to the 17th regiment; that if I could once get into his brother's company, whom he expected where he was going, he would buy a hundred pounds worth of shoes and boots of me; he said he had been drinking all night at the City Arms, and if I would go in there and take some ale in the gardens we should see his brother there; we went down into the gardens and sat down upon a bench about five minutes, and the brother never came; and then he told me of his brother marrying a lady with a large fortune; after sitting there some time he got up and went into the house, and came back again and he sat down again, and told me his brother had been very lucky indeed to marry a woman with 15,000l. and he had been enabled to put it into Down and Thornton's hands; he said his brother was very much of a gentleman, and he wished he would come, for he would lay out 100l. with me as soon as not; upon his brother's not coming he appeared disappointed, and said I am very sorry I cannot pay you in gold, I must give you one of my brother's drafts; he said he had been in the house to get change, and could not get change; I looked at it, and said, what is this upon the money that is at Down and Thornton's, and he said, yes; that his brother and him always paid every thing in that way if they laid out 100l. that there was the money on demand; he said, Mr. Hulls, I am very sorry I have not the balance to give you, but if you will call upon me at Mr. Drummonds, at No. 10, Hart-street, Bloomsbury, at three o'clock, I will give you the balance; this was about eleven o'clock; he gave me the draft for five guineas; he told me I should meet his brother and him and three or four gentlemen at his house in Hart-street, and that I should have an order to make as many boots as I could possibly make between that time and the time of failing; this was at the City Arms, and he gave me the draft, and I took the boots up to the house, and then I went up to Down and Thornton's.

Q. I believe, in fact, the draft was not honoured? - A. No; they told me it was a forgery, (produces the draft.)

Q. Afterwards did you go to Hart-street? - A. Yes; but before I went there I went to the Lord Mayor's for an officer to stop the goods; but before I got back the goods were taken away; then I went to Hart-street, at three o'clock, with a gentleman who lodges with me, to No. 10, and that was quite a different name, I think Johnson, but it was not Drummond, nor any such name.

Q. Nor Brown? - A. No; I then went to Bow-street.

Q. You never saw captain Brown after till you saw him in custody? - A. No; by tracing him out I found he was at a house in Fan-street, buying watches, but I did not see him there; it was about three or four days after that I saw him at the Mansion-house.

Cross-examined by Mr. Ally. Q. It was several months from the time you had seen the prisoner Parkes and the time you saw the person that you say was the prisoner Brown? - A. Yes.

Q. You never saw Brown before nor since, except the time you had seen him at the Mansion-house? - A. No.

Q. From a variety of customers that you may have, do you mean to swear positively to the person of Brown? - A. Certainly.

Q. Was the bill indorsed at the time the prisoner offered it to you? - A. No.

Q. Did you think it was the bill of his brother at that time? - A. Yes.

Q. Then though you understood this was a promissory note of his brother's, you did not ask him to indorse it? - A. No.

Mr. Knapp. Q. Have you any doubt about his person? - A. Not the least; I could tell him from five thousand.

NEHEMIAH STOKES sworn.

Examined by Mr. Knowlys. Q. Be so good as look at that note; are you a clerk in the house of Down, Thornton, and Free? - A. Yes.

Q. What is the firm of that house? - A. Richard Down , Henry Thornton , John Free , and John Cornwall , the younger.

Q. Have you ever had any correspondent in your house of the name of Thomas Brown , of Ruighton, in Salop? - A. No, never.

Q. Have there been any notes of that kind made payable at your house in your time? - A. No, never.

Q. Was that note presented at your house? - A. I have no doubt in the world of this being the note which Mr. Hulls presented; I was convinced it was a trick, and I refused to pay it.

Cross-examined by Mr. Ally. Q. I believe you know it is frequently the custom to make accommodation

notes, and so on, payable where they have not cash? - A. Accommodation notes are very different things from this.

Q. Is it not sometimes the case that notes are made payable where there is not money to pay? - A. It is not regular; we have very frequently seen bills returned.

Q. But does it not sometimes happen that bills are made payable at a place where there is not cash to answer the demand, and afterwards the money sent? - A. In bills of exchange it is so, bills are returned.

Q. But is it not sometimes the custom with a good bill to be drawn upon a place where there is no cash to answer it? - A. I never heard of such a thing with a good bill.

Q. Is it not sometimes the course of trade? suppose, for instance, a man resides in the country, and now and then goes to town for the purpose of carrying on his transactions in the merropolis; is it not usual to draw money upon a house where there is not cash? - A. It is a kind of question I know not how to answer; a man often draws upon his correspondent, but he either has credit or cash in that house, or else it would be useless.

Q. Supposing, for instance, a man has no connection in London, does it not sometimes happen he will make his bill payable, for instance, at a coffee-house, where there is no cash? - A. Very often.

Mr. Knowlys. Q. Do you generally find accommodation bills drawn upon demand and regularly printed? - A. No; accommodation bills on demand are nothing; this we should consider as a country Bank-note, (the draft read.)

No. B. 248, Ruighton, Salop, April 20th, 1796, I promise to pay to bearer, on demand, at Messrs. Down, Thornton, and Co. bankers, London, the sum of five guineas, for value received, for Self and Co.

Five Guineas, THOMAS BROWN .

Entered, T. B.

ALEXANDER CAW sworn.

Examined by Mr. Knapp. I am clerk to Messrs. Cox and Greenwood, Craig's-court, Charing-cross, agents for the 17th regiment of foot; they have lately been the agents since they came from Ireland; the flank companies left Ireland, and went to the West Indies, in 1793; the rest of the regiment came upon this establishment, in 1794, and from that time to this, they have been agents.

Court. Q. Do you know all the officers in the regiment from the time you first became agents? - A. Yes.

Mr. Knapp. Q. You knew that Cox and Green-Wood were? - A. Yes.

Q. You don't know of Thomas Brown being agent for the regiment? - A. No, no such name.

Q. Do you know the prisoner at the bar, capt. Brown? - A. No, I don't know either of them.

Q. Had you any such name, either as officer or agent, in that regiment? - A. No such name that I know of.

RICHARD CROMPTON sworn.

Examined by Mr. Knowlys. Q. Did you come from Ryton, in the county of Salop? - A. Yes.

Court. Q. Is it a village, or a market-town? - A. A village.

Q. Is it any place of trade? - A. No; it is right in the parish of Condover.

Q. Is there any manufactory or trade carried on there? - A. No.

Q. Did you ever hear of any persons in that place carrying on trade, or issuing notes, in the name of Brown and Co.? - A. No.

Q. What are you? - A. A malster and farmer.

Q. Do you collect the poor-rates? - A. I collect the land-tax; I collected the poor-rates last year.

Q. If there had been any such persons carrying on trade in any capital way. you must have known them? - A. Yes; and there is no such person in our neighbourhood.

Cross-examined by Mr. Ally. Q. Where do you live? - A. At Ryton.

Q. Is there no other place in that county of that name? - A. There are three or four Rytons besides; I have got a copy of the assessment of the land-tax in each of them.

Q. Well then, you mean to say there is no such person, according to your knowledge, of the name of Brown, at Ryton; can you undertake to say, that at neither of these places there is a man of that name? - A. I dwell upon the place where I live.

Q. And therefore you undertake to speak no farther than that? - A. No.

Mr. Knowlys. Q. Are the other Rytons places of large trade, or villages? - A. All villages.

Q. Are there any manufactures carried on there that you know of? - A. Not to my knowledge.

Q. What is the name of your Ryton? - A. It is spelt Ryton, the others are spelt Royton.

WILLIAM SMITH sworn.

Examined by Mr. Knapp. I am a watch-maker, No. 6, Fan-street, Goswell-street.

Q. Do you know the prisoner Brown? - A. Yes,(points to him): On the 14th of June last, captain Brown came to my house, and ordered two dozen of watches, and they were to be got ready for him the next day, when he was to call for them; about a quarter of an hour after, there came Mr. Hulls, and another gentleman, the prisoner was not there then; he came on the Thursday following, this was on the Tuesday, he was to come on the Wednesday;

nesday; he told me that he could not pay for all the order, and therefore he would only have half of it, and he had not got cash enough to pay for it, but I was to go with him to Islington; I then told him there was an order left for me to take him, that he must go with me to answer for what he had done, and I took him into custody, and delivered him at the Compter; I saw him again the next morning, Friday, nothing passed between us; I asked him if he knew any body in the Court, at the Mansion-house; he said, he did not know any body at all; he desired that I would say nothing but the truth, and I told him I would not, and he was ordered to be examined again on the Monday or Tuesday, I don't know which, I attended; when I came to examine my counting-house, where captain Brown and I had had a conversation, and where I took him, I found these papers, (producing them.)

Q. How came you to call him captain Brown? - A. He told me he was captain Brown.

Q. That was on the Thursday? - A. No, on the Tuesday he called himself captain Brown; the next time, I said, are you really a captain? and he said, yes, he was; he shewed me something, but I did not look at it; he said, it was his commission.

Q. On the Saturday, in your counting-house, was it, where he and you had been talking; was that on the Thursday, or when? - A. On the Thursday.

Q. Was there any conversation on the Thursday? - A. Yes, a little; a conversation about the money.

Q. When was the last time the prisoner and you talked together in the counting-house? - A. On the Thursday.

Court. Q. Had you talked together on the Tuesday in the same counting-house? - A. Yes.

Q. On the Saturday after the Thursday you found these things? - A. Yes, (produces three five-guinea Ruighton, Salop, notes): they are drawn upon Drummond and Co.

Q. Were these things found in the same place where you and captain Brown had been talking on the Thursday, and on the Tuesday? - A. Yes, under a vise-board.

Court. Q. While you were talking to him, he might have an opportunity of thrusting them under the vise-board? - A. Yes, he might; my brother was there at that time.

Q. You apprehended him in that place? - A. Yes.

Q. Recollect from your memory-looked at one of them, tell us how they are signed? - A. Entered T. B. and signed M. Parkes.

Q. What are the numbers of them? - A. 243, 244, and 246.

Mr. Knapp. Mr. Shelton, be so good as read the number again of that which was produced before, (reads No. 248.)

Cross-examined by Mr. Ally. Q. It was on the Saturday you found these notes? - A. Yes.

Q. Your counting-house is open to every body who transacted business with you? - A. Yes; every one that comes to do business goes into the counting-house.

Q. Your brother was in the counting-house at the time the prisoner was there? - A. Yes.

Q. Is your brother here to-day? - A. No, he is not.

Court. Q. What is your brother's name? - A. John Smith.

Q. When people come to your counting-house, your brother and you are pretty attentive? - A. He is very seldom there.

Q. Then one or other of you must have continually had your eyes upon the prisoner? - A. I looked at him pretty well myself.

JOSEPH WILLOUGHBY sworn.

Examined by Mr. Knapp. I am a City officer, a constable of the ward of Queenhithe.

Q. Do you know the prisoner Brown? - A. Yes; I searched him at the Compter, and found this five-guinea note upon him, in his right-hand waistcoat pocket, No. 245; it corresponds with the other three notes, and this pocket-book I found in his coat pocket.

Q. Who is that drawn upon? - A. Mess. Drummond and Co. bankers, (it is read); the engraved part all agreed with the other notes. (Produces the pocket-book.

Q. That pocket-book contains every thing just as you had it from him? - A. Yes.

Q. Do you know Mr. Parkes? - A. Very well.

Q. When was it you searched Brown? - A. The 16th day of June.

Q. Did you apprehend Parkes? - A. Yes, upon the 21st. of June; I searched him, and found this pocket-book, and forty-one or forty-two five-guinea notes, I am not certain which, which I took out of his waistcoat-pocket; and, in his coat-pocket, I found this copy of the commitment of Brown to the Poultry Compter, which, I believe, I can swear to be in the hand-writing of Mr. Baldwyn. (It is read.)

"To all and every the constables and other officers of the peace of the City of London, and liberties thereof whom this may concern, and to the keeper of the Poultry Compter, London, to wit. These are, in his Majesty's name, to command you to convey safely into the custody of the said keeper the body of Thomas Brown , he being charged before me by the oaths of Joseph Willoughby , and others, on suspicion of committing divers felonies and forgeries, whom you the said keeper hereby are to re

ceive, and him in your custody safely to keep till further examination, and for your so doing this shall be to each of you a sufficient warrant; dated the 17th of June, 1796, signed William Curtis, Mayor."

Q. You aprehended Brown on the 16th? - A. Yes.

Q. Were you present when he was committed? - A. I believe I was.

Q. Was that the next day? - A. I believe so.(Reads.)Ruighton, Salop. I promise to pay,&c. not filled up.

Mr. Shelton. The ground is not black of the blank ones.

Mr. Knowlys. Q. There are some of them filled up? -

Mr. Shelton. Here are two filled up upon the house of Down, Thornton, and Free, and one upon the house of Thomas Parkes.(Mr. Kirby produced the original commitment of Brown.)

The LORD-MAYOR sworn.

(Looks at it.) This is my hand-writing.

Mr. Ally. Q. Whether your Lordship can undertake to say, from the variety of convictions and number of persons that may come before your Lordship, whether that is the man? -

Court. I don't call upon his Lordship for that; his Lordship has proved his hand-writing. (It is read, corresponding exactly with the copy found upon Parkes.)

Mr. Knowlys. My Lord, I shall now examine to the hand-writing of the name, Thomas Brown , on the note.

AUGUSTUS MANNING sworn.

Examined by Mr. Knowlys. I am an attorney, in St. Saviour's; I have known the prisoner Parkes since last November, (points him out); I saw him write at the York Hotel, Blackfriars, and afterwards at Marlborough-street.

Q. Look at the words Thomas Brown , signed to that note, and tell me if you believe that to be his hand-writing or not? - A. I believe it to be the hand-writing of Parkes; I took notice, at the Mansion-house, of the turn up of the B in Brown; but upon comparing it with many letters that I have received from him, I am convinced it is his hand-writing; and the body of the note is also his writing, and the figures.

Cross-examined by Mr. Ally. Q. Twice you saw the prisoner write? - A. Yes.

Q. What did he write? - A. His name at one time, and the other time I looked over him while he was writing a letter.

Q. Will you undertake to swear, from having seen him write his name twice, that that is his hand-writing? -

Court. He has not said so; he has said, that his belief is formed also upon a comparison.

Mr. Ally. A comparison is not evidence.

Court. A comparison in his mind is evidence.

Mr. Ally. Q. Can you take upon yourself to swear, from his having wrote his name once, and seeing him write at Marlborough-street, that this is his hand-writing? - A. My reason is, I got an answer from Parkes, upon a particular business, under the signature of A.B. all the B's in those letters, which were very frequently used, are turned up exactly in the same way, which it might not be proper to produce.

Q. Then you are undertaking now to swear, that it is the hand-writing of Parkes, not from having seen him write, but a comparison with some other writing? - A. I have seen him write, and have received letters from him, and notices of bail.

Q. What I want to know is, whether you can swear the writing produced in evidence here, is the writing of Parkes, in consequence of comparing this writing with what you in fact saw him write; or whether, in consequence of comparing it with that which you did not see him write? - A. From having seen him write, I am confident the body of it is, and the figures; in his letter, where he says, I have written to you frequently to accept this bail, the B has always been the same.

Parkes. (To Manning.) Q. In the first place, did you ever see me write? - A. I did.

Q. Where? - A. At the York Hotel.

Q. Do you recollect, when you met me there, you asked my name? - A. Yes, I did.

Q. You wrote it down? - A. No, you wrote it.

Q. Can you produce that writing? - A. I have it not by me.

Q. No, nor never had. - Stand up, and see if you can look an honest man in the face. - Did you never know a furrier in the debtor's-side of Newgate, that formerly lived in Oxford-street? - A. No, I did not.

Q. Have you never robbed any man of ten pounds under pretence of getting his liberty? -

Court. You cannot ask that.

Jury. Q. Did you know at the time you saw him write the letter at Marlborough-street, what the contents of that letter was? - A. I had him in custody, and it was to write to some friend of his to come to him.

Court. Q. Do you know the name of that friend? - A. No; I have had many letters from him, and he told me in the coach he had written to me.

Mr. Ally. Q. Upon the oath you have taken, do you mean to say you know it was a letter to a friend to come, merely from the situation in which he was, or from what you saw in it? - A. He told me he was doing so.

Q. Did you see him write, upon your oath, so as you could read the contents of it? - A. Yes; it was a small room; I paid more attention to the form of his hand, in order to know whether it corresponded with the letters I had received.

Q. Was any body else present? - A. Yes; four or five persons who had him in custody.

Q. Do you mean to say you read every word? - A. No.

Q. Do you mean to swear, from what you saw alone, that he was writing to a friend? - A. No; I barely glanced at it, to see whether his hand corresponded with that of the letters I had received.

Q. If you were close enough to observe the writing of the prisoner, this was not a very long note. I ask, could you or not observe, merely from your personal observation, what the contents were? - A. I might, but I did not.

Q. Do you mean to say, after that, that you will now swear positively to the hand-writing of that man; you might have seen what he wrote, but did not? - A. I did not; I wanted to see whether it corresponded with a letter I had received the day before, which was very natural for the prosecution I was then engaged in.

Mr. Knowlys. Q. Did you, for that reason, pay attention to the nature and character of his handwriting at Marlborough-street? - A. Yes. (The papers found in Brown's pocket-book read)."Dear Brown, Mr. Ally will attend you to-morrow at the Mansion-house; keep your own counsel, and send your wife to me the moment you have been examined; I am fearful you will be committed for trial, but never fear, that will be all they can do; fail not sending your wife to me, that I may get your brief ready."

Mr. Knowlys. (To Manning.) Q. Look at that paper, do you believe that to be Parkes's handwriting? - A. I am sure it is. (Reads another paper), Addressed, "Mr. Thomas Brown, New Compter."

Mr. Knowlys. That is a superscription upon a cover: it contains a receipt, dated, London, May 10, 1796; - "Received, this day, of Mr. Thomas Brown, the sum of twenty-one pounds, for four five guinea bills, drawn by myself. I say received. Mr. Parkes, Ruighton, Salop."

Mr. Knowlys. Q. Look at the superscription on the cover, and tel me whose hand-writing that is? - A. It is Parkes's hand-writing.

Mr. Knowlys. I am going now to prove the handwriting of some papers found in this pocket-book not his hand-writing, but referring to business with him.

Lieutenant JOHN BARTHOLOMEW sworn.

Examined by Mr. Knowlys. I am a lieutenant in the 48th regiment of foot; I have known Brown ever since the month of April.

Q. Do you know his hand-writing? - A. Yes.

Q. Did you ever see him write? - A. Yes.

Q. Look at that paper, and tell us if you believe that to be Brown's hand-writing? - A. I am sure it is not his writing.

Q. Look at this paper? (Shewing him another.) - A. This corresponds with a letter that I received from Brown, written in the same style and hand that this is, and I then thought it came from another person.

Q. Do you believe it or not to be his hand-writing? - A. I am sure it is not.

Cross-examined by Mr. Ally. Q. Mr. Brown was a recruiting serjeant, was not he? - A. He was, under my command.

Q. It is a very common thing for people in the army to take upon themselves a little more than they have a right to; and corporals, ensigns, and others, frequently call themselves captains? - A. Yes, surely; he was a recruiting officer in the regiment; I produced his attestation before the Lord-Mayor.

Mr. Knowlys. Q. Was he an officer? - A. A non-commissioned officer; he was a serjeant of the Loyal British Rangers. It is a very common thing when they go into a country town for them to be called captain.

Q. Did you ever know him in the 17th regiment? - A. No.

Q. Was the regiment he was in ordered for the West-Indies? - A. No.

Q. Do you know any thing of his family, or his brother? - A. No; I have seen his wife, but no other of his family.

Court. Q. How do you know his name was Thomas Brown? - A. By his being sworn in by that name.

GEORGE SMITH sworn.

Examined by Mr. Knapp. I am an engraver, in Chancery-lane.

Q. Were you employed by any body to engrave any plates? - A. Yes.

Q. Look at one of these notes; is that off the same plate that you engraved? - A. It is like it; but it is impossible for me to say it is. It is ever since March last.

Q. Do you know either of the prisoners at the bar? - A. I cannot immediately say; I don't recollect the parties; I cannot swear to the men.

Q. What do you believe about it? - A. I believe that some man came into the shop while I was busy, and ordered it to be done; it might be one of those men, I cannot say.

Court. Q. Have you any more reason for believing it to be one of those men than any other - A. No.

Q. Do you know Mrs. Brown? - A. No.

Q. Did you never speak to Mrs. Brown? - A. No.

Q. Look at it again, and tell me if you engraved it? - A. It is very like the one that I did.

Q. You never engraved but one plate for Ryton, Salop? - A. No.

Q. From the appearance of that plate, and having never engraved but one, do you believe that to be your engraving? - A. I cannot possibly swear to it, because any man may make one like it.

Q. Were any alterations made after the plate was engraved? - A. Yes; a dot upon the top of the i, and Self and Co. was put to it.

Q. How often did the person come to you about that plate? - A. Two or three times.

Q. And yet you have no recollection of the person? - A. No; I am generally very busy, and have but one pair of hands; I have many counsel and attornies asking me questions, and I am so vexed that I frequently turn my back, and tell them to go to the stationers.

Q. Did you ever make such an alteration upon a note dated Ryton, Salop, as Self and Company, before? - A. No.

Jury. Q. Is it usual for strangers to go and be-speak, and you execute, work, without knowing who? - A. Very frequently; the person was not in the shop above a minute either time; I was very busy finishing some work; I had some magnifying glasses before me at the time, and I did not look at him.

Q. Who paid you the money? - A. I cannot say whether it was a man or a woman.

Mr. Ally. (To Stokes.) Q. Whether it is a thing uncommon for persons alone concerned in business, who have no partners, to draw bills for Self and Co.? - A. I believe it is very frequent.

Parkes's defence. I know nothing at all of the transaction; I cannot say more than my Counsel have said for me.

Brown's defence. I know nothing at all of it.

Mr. Ally. My Lord, I take it this is not a case of the description set forth in the indictment; that it is not in point of law the offence in the indictment; if it is any offence, it is an offence of a different nature; I am apprehensive this is an indictment; against the prisoners, stating, that they have falsely made, forged, and counterfeited, a certain instrument, which makes it a felony, without benefit of clergy; in the case I would take the common law definition of forgery to be the false making or altering a writing for the prejudice of another; so the statue of Geo. II. pursuing the common law definition, sets forth, that whosoever shall falsely make, forge, or counterfeit (then enumerating the different species of instruments in that statute). shall be guilty of felony without benefit of clergy; and I take it to be a fine qua non, without which the prosecutor cannot stir a single step, without which we cannot be called upon to defend a charge of forgery; they should prove the instrument to be a falsehood; then it follows for me to put a question, what in point of law is a false instrument? I take it a false instrument is that which appears upon the face of it to be the instrument of one whose instrument it ultimately turns out it is not, appearing to he signed by a person whose name it does not bear, or of some person who has not given his consent, or that a false instrument may be an instrument under a fictitious name; then it follows of course that if this is the definition of a false instrument, that if it falls out that the instrument produced in evidence is the signature of the man it bears, is the signature of him whose name it appears to have upon it, it cannot be a falsehood or a forgery.

But it may be said, and I know in this case it will be said, that if the instrument itself is a true instrument, yet if the party uttering it accompanies it with false representations to defraud a tradesman, or any other person, it is a forgery.

I have taken the liberty to lay down two propositions: first, that the instrument must be a false one; or, secondly, an instrument under a fictitious name, and that the evidence cannot convert it into a false one if it is not so. I refer your Lordship to the case of Aickles, reported in Mr. Leach's book, 345, and my Lord, in that case a question arose whether or not a person, who has for many years been known by a name not his own, and afterwards assumes his own name, and that for the purpose of a fraud, whether if his own name is assumed for the purpose of a fraud, it can be a forgery, they held beyond all question and doubt that it could not be a forgery; for that however false representations might make a man guilty of a cheat, they could not in contemplation of law make it felony. So say I, and sheltering myself under the authority of this case that argument cannot hold, because the decision of the Judges in this case establishes a contrary doctrine, and in this case a fortiori, for Aickles was a man of notorious turpitude, and it appeared that he had for a length of time passed by a name, for the purpose of fraud, that was not his own, then re-assumed his own name, and that is not a forgery; but if the prisoner makes use of his own name, because he was always known by the name in which he has drawn the bill, he therefore cannot be guilty of forgery; and in the case of Jones, Douglass 302, afterwards copied into Mr. Leach's book 187; in that case it was held upon a special verdict, argued before the Court of King's Bench, that a man cannot be guilty of forgery in making use of false representations; and in the case of King and Aickles, a man uttering a note in his own name, though he is not known by that name, and for the purpose of a fraud, is not a forgery,

and without the authority of these cases taking the common law definition, taking care always to guard the public against impositions; I take it, if there is any justice in the country, if there were no decisions in the books, there is sufficient authority to say, that a man under such circumstances cannot be guilty of forgery. Suppose a man to give a note, and suppose this man, however honest, is afterwards deprived of his property, and in consequence of his inability to discharge the obligation that the man to whom he gave that note, like another Shylock, perhaps insisting upon his discharging the obligation, though he takes heaven and earth, perhaps, to enable him to discharge it, shall it be permitted to that man to go the unfortunate debtor, and say, you have uttered a note for which, though it bears your own name, I will drag you before a court of judicature, because you made a false representation when you uttered that bill.

Shall such doctrines as these be promulgated under the sacred fanction of your Lordship? I am sure they never will; and I am sure no Court will decide that false representations, under such circumstances, will make an individual guilty of forgery: then I apprehend from these cases, and also from a case determined by Mr. Justice Grose, at the last assizes for Surry, where a man was indicted for uttering a promissory note, and it turned out that the note was signed with his own name, and he represented that he came from a serjeant major in the regiment, when he did not, but the bill appeared to be signed in his own name; what said the learned Judge, Mr. Justice Grose, who tried that cause? Immediately, the very moment when it was proved that the signature was the signature of the man, that very moment he told the Jury they must of necessity acquit the accused, because it being signed by himself it could not be a forgery, it could not be deemed a false instrument; and it was first necessary to prove a false instrument, but turning out to be his own name it could not be a false instrument. So in this case taking it for granted that the name signed to this bill as proved by the last witness, Bartholomew, that the name of Thomas Brown , signed to that bill, is the name by which he has been known, I say he cannot be guilty of forgery, because the instrument not being a false instrument, not being the instrument of any other person than himself, not on the face of it appearing to be a false instrument of any other person, it cannot be a false instrument, and therefore cannot be a forgery.

Mr. Knowlys. I will not trouble your Lordship with a single observation.

Evidence for the Prisoner.

WILLIAM MARSH sworn.

Examined by Mr. Ally. I keep a Staffordshire warehouse, in Whitechapel; I have known Brown about a twelvemonth; he bore a very good character while he lodged in my house; he was in the country a great deal upon the recruiting service; he always behaved very well in my apartment.

Cross-examined by Mr. Knowlys. Q. Do you know much of him? - A. I never knew any thing bad of him; I have been acquainted with him this twelvemonth.

Q. Have you had any dealings with him? - A. No.

Q. Do you know whether he carries on any mercantile business? - A. No.

Q. Do you know his brother? - A. No.

Q. Do you know whether he had a brother an agent in the 17th regiment? - A. No.

Q. You know nothing about his connexions? - A. No; nothing more than that he was a recruiting officer.

Q. Do you know whether he printed bills or not? - A. No; I never saw any.

SOPHIA TERRY sworn.

Examined by Mr. Ally. I have known Parkes four years; he is a very honest sober young man.

Cross-examined by Mr. Knapp. Q. Is he a married man? - A. Yes.

Q. Where do you live? - A. In Rose-street, Long-Acre; the prisoner lodged with me about a twelvemonth ago.

Q. How long did he lodge with you? - A. Seven or eight months.

Q. Did you know how he got his living? - A. No; I did not know any thing particular how he got his living.

Q. Did you know at all what he was? - A. He was something in the law.

Q. You did not know any thing of his being a merchant, did you? - A. No.

Q. He had the appearance of being a very rich man-many bills and Bank-notes about? - A. I never saw any thing of that sort.

Q. After the twelvemonth after he went away from you, you did not know much of him? - A. No.

Q. You did not see him very often during that time? - A. I have seen him several times.

Q. But did not know more how he got his living than while he lodged with you? - A. No.

- COX sworn.

Examined by Mr. Ally. I know Parkes; I have known him a twelvemonth; I wrote in the same office; I know no harm of him.

JAMES VANISH sworn.

Examined by Mr. Ally. I am clerk to Mr. Pecock, in Symond's-inn; I knew Parkes seven years ago; I have not heard any thing of his character since that time.

ANOTHER WITNESS sworn.

I have known Brown in the army; I am a recruiting-officer for the East-India Company; I am a foreign Jew; he always behaved well, as far as I knew; he always went by the name of Thomas Brown .

The Learned Judge, in the course of his address to the Jury, observed as follows:

As to the case that was tried by Mr. Justice Grose, at the last summer assizes, I agree that that was clearly not a forgery, but a trick. The other case I likewise agree to, because, at the time the party signed his name, he represented that he came from a serjeant major, when he did not, so that it is the party issuing his own note under a false representation. But the present case differs from those very materially, for it is the case of a man who has Thomas Brown written at the bottom of the note, who says, this is not my name, but it is my brother's name; and who, at the time he utters it, does not pretend that he desires credit upon his own account, but represents his brother as having married a woman with 15,000l. fortune, and therefore does not utter it as his own name, and it is dated Ruighton, in Shropshire; therefore it purports to be the note of a man, who himself and his partners, if there are partners, are stationary at that time, at Ruighton. Now, nothing transpites in the course of this evidence, to lead us to believe, that this man had any connection whatever at Ruighton; and, therefore, if he chuses to issue a note, in the name of Thomas Brown, living at Ruighton, that Thomas Brown being his brother, and representing another character than himself, as the Thomas Brown , and represents him as being a man of fortune at Ruighton, though it should turn out that this man's name is Thomas Brown, as described in the note, it does not, under the best consideration I can give the case, amount to an excuse from the crime of forgery, but it seems to me that it does constitute a forgery in the idea of law; at the same time, I am not so obstinate as not to be ready to refer it to those whose judgment must be much better than my own; and therefore I shall reserve that point, if it is desired, for the opinion of the Judges.(The Jury having retired a short time, the Foreman returned the following verdict.)

" We are of opinion that they are both guilty, subject to the question of Law, whether it is a forgery or not. Parkes guilty of writing the name, and Brown guilty of uttering it, knowing it to have been written ."

Parkes, (Aged 24).

Brown, (Aged 27).

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

Reference Number: t17960914-4

461. JAMES WILLIAMS was indicted for feloniously stealing a pint pewter-pot, value 6d. the property of Samuel Powell , July the 20th .

MARY MORGAN sworn.

I sell cakes; I was looking in at Mr. Powell's window to sell some cakes, about twelve o'clock, I believe, about two months ago; I saw the prisoner put the pint pot into his pocket, he was sitting in the tap-room, with his back to the window; he came out of the house, I gave an alarm to a man in the house, and went away immediately; I am sure the prisoner is the man.

Q. Had you ever seen him before? - A. No, never; I was not present when he was taken.

SAMUEL POWELL sworn.

On the 20th of July I was out, I was sent for; when I came home, the constable had the prisoner in custody in my house, and the pot.

GEORGE ELDERTON (a Bluecoat-boy) sworn.

I was appointed as watcher at the Ditch-gate, Little-Britain; I was to watch there to mind the other boys, and keep them in. The prisoner came, and put a pot behind the gate where I was standing, from under his coat.

Q. What time of day was this? - A. Between eleven and twelve o'clock, on Wednesday, the 20th of July; I took the pint-pot from that place, and gave it to a man that was pursuing him.

Q. Where does Mr. Powell keep a public-house ? - A. In Little-Britain .

Q. Is the prisoner the man? - A. Yes; I am certain he is.

BENJAMIN DIXON sworn.

I am a constable of Cheap-Ward; there was a person pursuing the prisoner; I was not ten yards behind, when I saw them turn towards the Hospital-gateway; the man that was pursuing him gave me the pot, the Bluecoat-boy gave it him; I saw the boy give it him, for I was close to his heels; I have kept it ever since. (It was produced in Court.)

Mr. Powell. It is my pot, my name is on it; I saw it in the house the day before; I know it by the number, there is No. 36 upon it; when I came home, I missed the pot with that number on it.

Prisoner's defence. Neither the woman or the boy saw me lay hold of the pot, nor had I it in my possession; I went into this yard on a private occasion; when I came out this man laid hold of me, and said I had a pot; I said I had not; afterwards the boy produced a pot from behind the door; I don't know any thing of it, whether it was Mr. Powell's or not.

GUILTY. (Aged 36.)

Recommended by the Jury.

Fined 1s. and discharged.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960914-5

462. JOHN SELLERS , ELIZABETH JONES , and RICHARD FOOTNER , were indicted for the wilful murder of Thomas Yates .

The indictment was opened by Mr. Raine.

Mr. Const. May it please your Lordship, Gentlemen of the Jury. Having heard from my learned friend who has opened the pleadings to you, the nature of the charge against the prisoners, little remains for me but to state to you the circumstances of the case, and the situation of the different parties.

Gentlemen, a Mr. Richard Yates , whose public situation we all know something of, many of us a great deal, died, in the early part of last April, possessed of a very considerable personal estate, part of which consisted in the house in which he then lived at Pimlico. Gentlemen, Mr. Thomas Yates , the person now deceased, was his grand nephew, the son of his nephew; he had, with a very affectionate attention, provided early in life for this young gentleman and educated him. Gentlemen, the lady now at the bar lived for seven or eight years, previous to the death of Mr. Yates, in a state of some intimacy, probably of some confidence with him. The nephew, Mr. Thomas Yates, came into the house of his late uncle, a few days after the funeral; he was received civilly and politely, I believe, by that lady, he conceiving that the politely, I believe, by that lady, he conceiving that the disposition of these effects made by his uncle was in his favour, and that he of course would have been immediately in possession, together with a sister in the same degree of relation with himself, to the late Mr. Richard Yates. However, some papers were produced, which caused offensive words between them, by which it appeared, that that lady was possessed of all the property, except a small annuity of 40l. per annum, and which gave rise to an enquiry and dissatisfaction on his part; he made that application to his friends which it was natural that he should, and he fell into the hands of friends who were not only willing but capable of advising him; a person whom we all know, who will be called to you, and by whose advice he lived afterwards on terms of civility and friendship with that lady in the house of his uncle; he lived there from the time of his uncle's death, till the end of the month of June, perfectly harmonious, except a few trifling differences, while they were alone, till other persons interfered. Mr. Yates went down to Bristol, where he staid a short time; when he returned, he found that by the interference of friends an accommodation was likely to be produced. It was then agreed, that as the house was a part of the property of the uncle, they should live in different parts of that house together, or that the house should be lett for their joint benefit, or the ultimate benefit of the survivor. Of late, I understand, they were not so good friends as formerly, and this likewise is attributed to the interference of others. In consequence of that, and finding that another person was introduced into the house by Miss Jones, namely, Mr. Sellers who now stands at the bar, for some purpose, and not knowing what purpose, he was sufficiently alarmed to send for a friend to ask his advice how he should conduct himself. The gentleman he had formerly applied to not being in the way, he sent to another; the parties met-an altercation and high words ensued between Mr. Yate, and a Mr. Beard, who it seems has been a very constant adviser upon this occasion, but afterwards Mr. Beard and Mr. Yates shook hands, and the following Monday was fixed for Mr. Beard to attend as the friend of Miss. Jones, when another person, a friend of Mr. Yates, should attend to determine finally whether they should keep the possession jointly, or whether they should lett the house for the advantage of both. On the Sunday preceding that Monday, another person, Mr. Footner, the other prisoner at the bar, came on a visit to Mr. Sellers, and, instead of returning at the close of the day, we are told by the examinations that were taken, that the gate of the Park was then shut, and that therefore he staid till the Monday morning; however, by some means yet unaccounted for by the prisoners, he did not go away on the Monday morning, but remained all day on Monday till the unfortunate circumstance took place. Previous to this, unknown to Mr. Yates, Mr. Sellers had been furnished with arms; you will find that he had a brace of pistols brought in a box, with ammunition in large quantities; that he had, besides that, a hanger, which was afterwards discovered in a place where I do not know whether it was meant to be secreted, but certainly to be kept out of sight, and with which Mr. Yates was certainly not acquainted. He, therefore, under all these circumstances, considered himself perfectly safe in the house, supposing notwithstanding any little altercation that might arise between him and the lady, that it was with her alone that he had a right to settle the business. His wife, who had joined him a few days after his late return from Bristol, was out on the Monday upon some occasion, and Mr. Yates dined alone. After his dinner, about five o'clock, he went into the garden for a short time; at that time, the servant says, Miss Jones came into the kitchen, as if to observe what was going forward; she asked her if she wanted her own servant, she made no answer. The servant went to the garden door and found it fastened; she went to the other back door, and found that bolted and the key taken away; she saw her master walking in the garden, and after that heard him pushing at the door through which he had gone into the garden, endeavouring to get in; she heard a window break, whether he broke the window, or whether it was by the shaking of the window, she does not know; however, the window was broke; the door was not opened, he then went down some stone steps into the area, and called his servant, who helped him up to the window, where he was getting in, but unfortunately being a corpulent man, and the bars not being wide enough, he could not get in; while she had hold of his arm assisting him, she heard something behind her, she turned round, and saw Mr. Sellers with a pistol in his hand; he said something, but what she cannot particularly tell; she was alarmed and said, "for God's sake don't shoot my master!" Mr. Yates was then near enough to put his hand and turn the muzzle of the pistol on one side, and said, "What are you about; you don't mean to shoot me?" She then saw him either put his thumb to the cock of the pistol, or the lock, for it is a lock pistol, and immediately discharged it within half a minute from the moment that he touched it; and it was not touched as if it went off by accident, but prepared in the mode that I have described. He being

higher than Mr. Sellers, and confined in this way, being unable to stir, the pistol went off as if it was intended so the head, though he was in that posture, for the ball went through the hat, entered at his breast, and out at the opposite side; he immediately cried out, "I am wounded, murder! murder!" but before he had got far in the garden he fell.

Gentlemen, this being done coolly, as I have stated to you, the girl, seeming the only person alarmed in the house, cried out that her master was murdered; nothing passed between her and Mr. Sellers, she ran up stairs, she could not get out at the door, found every thing fastened, she returned down stairs, and got out at the front area, and over the iron rails, which appears an extraordinary exertion for such a girl. By her screams several persons were alarmed; Mr. Sellers was then got out at the door, and she said, that is the villain, or that is the rascal, that had shot her master, for God's sake secure him. Upon gaining access into the house, several persons went into the garden to the deceased; he described the person who had shot him, he said, "Mr. Sellers has shot me;" he described him as a man dressed in black, with light hair; Mr. Sellers was brought to him, and he said, "yes, that is the man that shot me, but (says he) Miss Jones has been the instigation of it." He was frequently asked questions relative to it, and repeatedly said, "that till Mr. Beard intermeddled with it all was harmony;" he was asked, whether he thought it was done designedly or not; he said, "yes, it was; and that Miss Jones was at the bottom of all." Gentlemen, after this, I believe, the lady was accosted, and told what he had said; she said,"it was very true, she had been accessary to the whole of it." Gentlemen, Mr. Graham going to him, and finding him not likely to recover, begged of him to say nothing about it, not even to mention their names from that hour, but turn his thoughts another way. Every thing of that sort tended only to aggravate his feelings.

Gentlemen, the three persons at the bar are indicted equally for having been guilty of murder; they might, two of them, have been indicted as accessaries before the fact, but I will tell you, Gentlemen, why they were not so indicted; although they might not have been actually upon the spot at the time the pistol was discharged, yet, if they prepared the pistol, loaded it, assisted, handled, did any thing to produce that which was the cause of his death, they are equally guilty of murder in the eye of the law, as if they had been actually present.

Gentlemen, there is no way of accounting for this transaction, I apprehend, but in either of these three ways; the death of the party will be proved to you beyond contradiction, the hand from whom he received his death will be equally proved; it must, therefore, have taken place either from accident, from necessiry, or from malice aforethought. From accident it is hardly possible it should have happened, because, from the circumstances I have already stated, the girl saw Mr. Sellers come down from another room with a pistol in his hand, they having first taken measures to compel him to that situation in which he was to meet his death; they had given him no notice that he would be opposed, he felt himself in perfect security; they staid till he came to a window, where they knew he must resort, and there put him to death; if it was by accident, why was the pistol charged, why was it loaded, why was it presented, when the man could not get in, as evidently he could not? - I am sure I need not say any more to you upon that subject.

Was it then of necessity? There was nothing to produce that necessity; admitting that he had nor a right there, had he been a trespasser, and the pistol had been wilfully fired, it would have been murder. The taking the pistol at all is a thing that cannot be justified, or even excused.

Gentlemen, then there is no other way of considering it but supposing that it was done from malice; and I confess, I am sorry to say, that there appears to me to be no doubt of this. It may be said it was intended to terrify him; an empty pistol would have terrified a man as well as a loaded one; if I wished to frighten a man with a loaded pistol, I would let him know that it was loaded; but here it is kept out of sight, there is no notice given of it, and he had no apprehension of such a thing.

Gentlemen, if the prisoners can account for it in any other way I shall be exteremely happy; if, on the other hand, you should be of opinion that it was done wilfully, you will do your duty, however painful that duty may be.

Evidence for the Crown.

AARON GRAHAM , Esq. sworn.

Examined by Mr. Raine. Q. Did you know the late Mr. Richard Yates , of Drury-Lane Theatre? - A. I did not.

Q. You are an acting Magistrate? - A. I am.

Q. Did you know Mr. Thomas Yates? - A. I knew him about twelve years.

Q. He was grand nephew to Mr. Yates the comedian? - A. So I understood him to be.

Q. Do you know where Mr. Richard Yates lived? - A. No. 9, Stafford-row, Pimlico .

Q. Do you happen to know whether any of the prisoners lived in that house with Mr. Richard Yates? - A. Since the death of Mr. Richard Yates, I have known that Miss Jones lived there, by finding her there at the death of Mr. Richard Yates ; I understood she had lived there some time.

Q. Do you recollect the time of the death of Mr. Richard Yates the comedian? - A. I believe it was early in April last.

Q. How soon after the death of Mr. Richard Yates did the late Mr. Thomas Yates come to that house? - A. He must have come within three or four days after the death of Mr. Richard Yates, because, before the funeral, I got a card requesting that I would attend the funeral of his uncle. I did attend that funeral, Mr. Thomas Yates attended also.

Q. How long did Mr. Thomas Yates continue at that house occupied by Mr. Richard Yates, after the death of Mr. Richard Yates ? - A. Till June, from early in April preceding the death of Mr. Richard Yates .

Q. During that period did you frequently visit

Mr. Thomas Yates? - A. I was several times there, how many I cannot immediately recollect.

Q. In short was it, during that period, his place of abode? - A. It was.

Q. Did you, during this interval, perceive any thing particular between him and Miss Jones of any sort? - A. No, I did not.

Q. Did they seem to live together harmoniously, or otherwise? - A. Perfectly so; I recommended it strongly to both when I saw them together.

Q. What led you so strongly to recommend them to live harmoniously together? - A. Mr. Yates several times, when he called upon me, observed to me-

Q. When Miss Jones was present? - A. Yes.

Q. What was your reason for so strongly recommending to Mr. Yates and Miss Jones to live harmoniously together; were you aware that there had been any dispute between Mr. Yates and Miss Jones, or not? - A. I might almost venture to say there was none between Mr. Yates and Miss Jones but when Mr. Beard, the proctor, happened to be present.

Q. Previous to your seeing Miss Jones and Mr. Beard, and Mr. Yates, together, they lived harmoniously together? - A. They did.

Q. Tell us what you observed, when Mr. Beard, Mr. Yates, and Miss Jones were together? - A. When all three were together in my presence -

Q. When was this? - A. It must be shortly after the funeral of Mr. Richard Yates , in the course of the next or the second week.

Q. Mr. Beard is Miss Jones's proctor? - A. Yes.

Q. Now state what passed? - A. I saw no disposition on the part of Miss Jones or Mr. Yates to quarrel, but I did on the part of Mr. Beard, to step out of the line of an adviser, and appeared very much to irritate Mr. Yates.

Q. Don't state to us in general what you observed as to disposition, but tell us what Mr. Beard said, that produced this idea in your mind? - A. I cannot immediately recollect the expressions, but I know the amount was this, that he, Mr. Yates, had no business there; that he, Mr.Beard, would turn him out of the house; that if he would not go quietly, he would certainly take some steps to get him out; and these expressions were uttered in a manner not at all pleasant to any man, and not such as could be received by Mr. Thomas Yates, in a manner that would induce him to go.

Q. Whatever might pass from other persons, there seemed the utmost harmony to prevail between Mr. Thomas Yates and Miss Jones? - A. There really did to me; and I went so far as to say to Mr. Beard, that the parties themselves seemed very well satisfied with one another, and that I did think it would be better if he would confine himself to the strict line of his professional duty, as the adviser of Miss Jones, and would not take upon himself the act of the party.

Q. He lived there from early in April, till late in June? - A. Yes; and then he went to Bristol, how long he staid there I cannot say; because, before his return, I went into Herefordshire, where I staid until within a few days of the death of Mr. Yates; the accident happened on the Monday; I think I must have returned about the Friday preceding.

Q. Do you remember, on the Monday, the day when this affair took place, Mr. Beard calling upon you? - A. About four o'clock on the same day, I think, on my return from the office in Hatton-Garden, at my house in Russel-street, Mr. Beard called upon me, he desired me to write a note to her, proposing to be up there in the morning.

Q. When did he call upon you afterwards? - A. The same evening, at the office, after the accident; I think about a quarter after seven, to tell me of the accident.

Q. Did he call upon you twice at your house? - A. No, only once.

Q. How soon afterwards did you see the deceased? - A. I went from the office to Bow-street, where I did not stay a minute hardly, and then to Stafford-row, when I found Mr. Yates had been put to bed.

Cross-examined by Mr. Serjeant Shepherd. Q. You have told us, that Mr. Thomas Yates was the grand nephew of Mr. Richard Yates ? - A. Yes.

Q. There are several persons next of kin, in the same degree with Mr. Thomas Yates? - A. To my knowledge only one, his sister.

Q. There are no others claiming? - A. There is one, a Mrs. Stafford, and I believe only that one.

Q. You were present at Mr. Yates's funeral? - A. Yes.

Q. I believe Miss Jones had the ordering and disposition of that funeral? - A. I understood it was consented on the part of Miss Jones, that she and Mr. Yates might give such directions as should seem bell, and that the expences should come out of the property, that they had each that privilege.

Q. But had she not the direction and management of the funeral? - A. That I don't know, because I only attended it.

Q. There was, I believe, very soon after the death of Mr. Yates, a search made for papers, found in Mr. Yates's bureau, or possession? - A. There was; at my particular recommendation.

Q. Were you present at the search? - A. I was.

Q. Who was the first that actually searched? - A. I did, myself; I turned over every paper.

Q. Were you the first that found them? - A. I took them out as they presented themselves, and I looked them over, and put them by.

Q. I believe, in consequence of these papers being found, a suit was instituted in the Commons between these parties, one setting up these papers as a will, and the other disputing it? - A. No; the papers that were set up in the Commons as a will, had been found previous to the funeral of Mr. Richard Yates .

Q. Then a suit had been instituted in the Commons, previous? - A. Yes.

Q. After that suit was instituted in the Commons, the suit was going on between the different parties? - A. Yes.

Q. Had Mr. Thomas Yates , at that time, employed a proctor? - A. Yes.

Q. Was his proctor there, when the papers were searched? - A. One of the clerks was.

Q. How came you to take so active a part when the clerk of the proctor was there? - A. When he called upon me with the papers set up as testamentary papers, it struck me that it would be a matter of dispute indeed, he told me he had been advised to enter a caveat, and I pointed out to him the delays as well as the inconveniencies of the law, and therefore desired him not to go one step further, if he could come to a compromise with Miss Jones.

Q. And you knew, at that time, that other persons were claiming as next of kin? - A. Not at that time.

Q. Then Mr. Yates had not told you that other persons were claiming as next of kin? - A. I don't recollect that he had.

Q. The whole of this property is personal? - A. I believe it was.

Q. Mr. Yates, you have told us, was in this house, living in the house from April to June, and I think I understood you to say, that between that period of time, it was, that Mr. Beard had told Mr. Yates, he had no right in the house; was Miss Jones and Mr. Yates both present? - A. They were; when Mr. Beard the proctor told Mr. Yates he had no right to be in the house, is it at all necessary that I should state what reply I made?

Court. Certainly.

A. I said, that in my opinion, he was very well founded in his claim, as in the testamentary papers they themselves had set up, there was an annuity to him of 40l. a year; and we could get from them no account of any other property of Mr. Yates, and therefore no other part of the property he was to look to for the security of this annuity, but the house in which he was in possession, and which I had desired him to get into possession, and I do most perfectly remember my saying they were both in possession, they had a right to joint possession, and let them keep it jointly in God's name; and I would even, now the papers were locked up, advise Mr. Yates to go about his business, and leave Miss Jones in quiet possession, and Miss Jones acknowledged they were in joint possession; I said, as they were in joint possession, keep it amicably if you stay together, and she said she would; and if there was any quarrel between them, it should be Mr. Yates's fault not her's; he said he would not quarrel with her, and if Mr. Beard would let him alone, he should be perfectly satisfied.

Q. This was before he went to Bath? - A. Yes.

Q. When Mr. Yates returned from Bath, he brought his wife and family with him? - A. I was not in town when he returned.

Q. But you now know that he did? - A. Yes.

Q. Had Mr. Yates's wife ever been there previously to the time of Mr. Yates's going to Bath? A. She had not.

Q. Do you not now know, that when Mr. Yates returned from Bath, that that was objected to by Miss Jones? - A. I was not there, I have heard so, and I believe it to be so.

Q. After the inventory was taken, I believe you proposed some accommodation? - A. Yes.

Q. Was not the answer to that, that Miss Jones desired to have the opinion of a Court of Justice upon the validity of these wills? - A. I don't know that.

Q. Was not that the answer given to the accommodation you proposed? - A. No.

Q. Was it accepted? - A. It was not; I waited upon Miss Jones, I told her I waited upon her from Mr. Yates, to ask her if she was open to an accommodation, that I did not wish to take any advantage of her, that I wished her to have a friend of her's, and Mr. Yates a friend of his, and she said she would be guided by her proctor.

Q. You did not hear from Miss Jones, that she wished to have the opinion of a Court of Justice? - A. She did not, because, in all the meetings I have had with Miss Jones, and Mr. Yates, and Mr. Beard, upon the subject of law, she was perfectly silent, leaving it entirely to her proctor to speak for her.

Q. I think I understood you to say, that about four o'clock on the day of the accident, Mr. Beard came to your house? - A. Yes.

Q. You were desired to go there? - A. Yes; but I did not go, it was my duty to attend the office in Hatton-Garden, and I could not.

Q. Were you present when certain papers were taken out of the bureau, and when Mr. Thomas Yates said, they were letters of his own, and destroyed them? - A. I was not.

Q. Do you happen to know if that was the fact? - A. No; because my caution was such, that even the receipts for his schooling I recommended him not to touch one.

Q. Where was Mrs. Yates, the wife of Mr. Thomas Yates , at that time? - A. At Bath and Bristol.

Q. Was she at any part of the time in town? - A. No.

Q. She certainly was not however at Miss Jones's house? - A. No; because I do recollect before Mr. Yates went out of town to Bath, I strongly recommended when he mentioned his intention once or twice, not to think of such a thing as bringing his wife into the house.

Q. Before Mr. Thomas Yates went out of town in June, and had mentioned some intention of bringing his wife to the house in Pimlico, you strongly recommended him not to do any such thing? - A. I did.

Court. Gentlemen have certainly a right to make use of any thing that they think will be of use, but in a case of this sort, I think the right of possession has nothing to do with the case. (Mr. Serjeant Shepherd made some observations to his Lordship, but in so low a voice that it could not be heard.)

Q. When Mr. Beard called upon you at four, did not Mr. Beard show you a paper? - A. No.

Q. Look at that paper? - A. Certainly not.

Q. Then his request was confined to your going to the house? - A. Yes; upon looking at the account of the smith, and the keys, something does occur to me, but I think that was not from Mr. Beard, but what I was told after I got to the house; conscientiously speaking, I don't believe Mr. Beard did show me this.

Q. You spoke of his wife, had he any family? - A. Two children.

Q. Did he take them there? - A. He brought them to town, but I don't believe he carried them to the house.

Mr. Raine. Q. There was an objection you say to his taking his wife to the house, was that objection stated after Mr. Yates and his family were in the house? - A. I never heard that it was stated at all; it was upon Mr. Yates's intimating to me such an intention, that I strongly recommended the contrary.

Q. My learned friend has asked you about the parties claiming, supposing Mr. Yates had died intestate; do you know if the deceased was one of those beneficially interested in the property of Mr. Richard Yates ? - A. Certainly.

Q. Did you find some papers upon the search after the funeral? - A. A great many.

Q. Did you say that some papers were found before the funeral? - A. Testimentary paper.

Q. Did you find those? - A. No.

Q. Do you know who did find them? - A. I do no.

Q. Did you ever hear of a suggestion before that Mr. Thomas Yates had destroyed any papers? - A. Mr. Beard told me so.

Q. From nobody but Mr. Beard? - A. From no foul but Mr. Beard; O yes, upon Mr. Beard mentioning it to me I asked Mr. Yates about it when I saw him, what his answer to me was I am sure I cannot say; but I am sure it amounted to this, that a letter or something he had taken.

Q. But did you hear from any body else that he had destroyed any papers? - A. No.

Q. When you stated to Miss Jones that Mr. Yates and she had joint possession of the house, what answer did she make? - A. I don't know that it was any answer in words, but a nod of assent, or something that plainly indicated her assent.

MARY THOMPSON sworn.

Examined by Mr. Const. Q. You lived servant with Mr. Yates and Mrs. Yates? - A. Yes.

Q. While they were at Pimlico? - A. While they were at Pimlico, and before they came to live at Pimlico a couple of days; I came with them there, but not the same day that they came, they went on the Tuesday night, and I went on the Wednesday.

Q. Do you know either of the prisoners at the bar? - A. Yes; Mr. Sellers, Miss Jones, and Mr. Footner.

Q. Where do they live? - A. No. 9, Stafford-row, Pimlico.

Q. How many of them? - A. Miss Jones kept the house, Mr. Sellers was to guard her, and Mr. Footner came to see them.

Q. When did Mr. Footner come to see them? - A. He came on the Sunday.

Q. Was Miss Jones in the house before you came? - A. Yes.

Q. Was Mr. Sellers there before you? - A. He came the same afternoon, and his wife came on the Thursday, Mr. Footner came to see them on the Sunday; he came to dinner, I let him in.

Q. Did he go away on the Sunday night? - A. No; he stopped all Sunday night, the Park gate was shut I understood, and he came back again; he slept on the sofa in the back dining room.

Q. Did he go away the next morning? - A. No; not till after the accident happened.

Q. Did he go out at all? - A. I am not quite certain; I believe he did, and he returned again in the afternoon.

Q. What time did the accident happen? - A. About five o'clock in the afternoon.

Q. Was Mrs. Yates at home at that time? - A. No; she was out.

Q. This was on Monday, do you remember the day of the month? - A. The 21st of August, and he died the 22d about twelve o'clock.

Q. Are you sure it was the Monday? - A. Yes.

Q. Did Mr. Yates dine there? - A. In the morning Mr. Yates got up about eight o'clock, and he came down to breakfast, and he had not any breakfast that morning; he went and laid down on the bed; he got up again and dined by himself in the parlour about four o'clock; Mrs. Yates went out about one; we were locked in all day; Miss Jones had locked the door and kept the key in a cupboard in the back parlour.

Q. Do you know that of your own knowledge? - A. I saw her take the key out of the door.

Court. Q. Were all the doors locked? - A. No; only the street-door in the morning; and then she stopped in the passage and whispered with Mr. Sellers, but I could not hear what she said; I was going out of an errand, and I went and told Mr. Yates the door was locked; and he said, what was the reason that he was always to be locked in; we were locked in of a night; Mr. Sellers had the key then.

Q. That was before the Monday morning? - A. Yes.

Q. How do you know he had the key? - A. I saw him take it out of his pocket.

Court. Q. Did you see the key in his possession on the Monday? - A. No; Miss Jones had it then.

Mr. Const. How did Mr. Yates get out, or you go out of an errand? - A. Mr. Yates said to Mr. Sellers, what is the reason that I am always to be locked in?

Court. Q. Did you see Miss Jones put the key in the cupboard and lock it up? - A. No; but I saw her take it out.

Q. Did your master go out before you wanted to go out of an errand? - A. No.

Q. You saw her with the key unlock the cupboard? - A. Yes.

Q. Who did you apply to to get out? - A. I told my master, Mr. Yates, and Mr. Yates said to Mr. Sellers, what is the reason I am to be locked in always, and Miss Jones was standing by at the same time. Mr. Sellers said, that Miss Jones had got the key; Miss Jones turned herself round and said, she would let anybody out, but she would let nobody in.

Q. What time of the day was this? - A. Between twelve and one o'clock.

Court. Q. You went out before your mistress? - A. Yes; Mr. Sellers whispered to Miss Jones, and told her to let me out, I heard what he said.

Court. Q. Did she let you out? - A. No; Mr. Sellers and Miss Jones went into the back parlour, and Mr. Footner, and I heard them whispering for about five minutes, and then Mr. Sellers came out of the back parlour with the key, and opened the door, and told me, when I came back, to knock, and he would let me in again; Mr. Yates then whispered to me, and told me to bring a smith in with me, they were in the parlour then.

Q. Did Miss Jones and Mr. Sellers hear that? - A. I don't think they heard, because they were in the parlour; I went out for about ten minutes, and I brought a smith with me to the door; I knocked at the door, and Miss Jones's servant maid looked out at the window, and saw there was a man with me, and I saw her go up stairs to them; Mr. Sellers came to the door, and saw the man with me, and smacked the door to again, and locked it.

Court. Q. Did he let you in then? - A. No, he did not; Mr. Green, the smith, was with me.

Q. Was it the father or the son? - A. The father. I then went to the next door, and got a chair, and Mr. Green got in at the front parlour window.

Q. That was the parlour your master sat in? - A. Yes; and every body who came to him.

Q. Did you get in that way? - A. No.

Q. Was your master there? - A. Yes, and Mrs. Yates likewise; I saw them both in the parlour.

Q. How soon were you in the house again? - A. Mr. Green went to the street-door to take the lock off.

Q. How soon did you get in? - A. Not till Mr. Green had taken the lock off the street-door, and opened it; there was rather a wrangle in the passage at the time on the inside, I could not hear what passed, except that I heard Mr. Yates come to the window, and called to me, and said, go call in the neighbours, they are going to murder me.

Q. You heard nothing more particular? - A. No.

Q. What did you observe when you got into the house? - A. Nothing; only the lock taken off, and Mr. Sellers and Mr. Footner in the passage; my master and mistress were in the front parlour, Mr. Green was in the passage, and Mr. Footner and Mr. Sellers.

Q. Did you hear what the lock was taken off for? - A. Yes; Mr. Yates said, he would have a key made to the street-door as well as they, as he could neither get in nor out.

Q. And did they all hear that that was the purpose for which it was taken off? - A. Yes; he told Mr. Green in the passage, before them, to make a key.

Q. Did they agree to what passed? - A. Mr. Sellers said, that the lawyers must sight it out, that he had no business to take the lock off, that the lawyers were to meet that night.

Q. Are you sure Mr. Sellers said that? - A. Yes; I will say nothing but what I heard and saw; they desired him not to alter any of the springs of the lock, and Mr. Green promised them he would not.

Q. Then Mr. Green went away? - A. Yes; and directly after that, my mistress sent me out for a coach for her, she was very ill; a coach came, and

I fetched her bonnet and cloak down stairs, and she went out.

Q. Mr. Green had then got the lock to make the key? - A. Yes; after that, as soon as my mistress was gone, Miss Jones sent her servant for a coach, and then Mr. Sellers, his wife and child, went away; that was between one and two o'clock at noon.

Q. Did you hear any reason assigned why they went away? - A. No; I did not know what Mr. Sellers went away for, but I knew what Mrs. Yates went for.

Q. What passed after that? - A. About an hour afterwards Mr. Green brought the lock home.

Q. Were Miss Jones, Mr. Sellers, and Mr. Footner present when he brought it back? - A. Yes.

Q. Did any conversation pass? - A. No other than Mr. Sellers turned his back to the door, and said, he would not have the lock put on till the lawyers met.

Q. Was it put on? - A. Yes.

Q. Was any thing said about altering it? - A. Mr. Sellers asked him if he had altered any of the springs of it, and he said, no; and Mr. Green then put it on; this was about three o'clock, or a little after; while Mr. Green was putting the lock on, Miss Jones came out to the parlour-door, and said to Mr. Sellers, don't say any thing more, Mr. Sellers, it will all be decided to-night.

Q. Was that the time that Mr. Sellers was saying any thing to Mr. Green? - A. Mr. Sellers had just spoke, and said, he would not have the lock put on till the evening; Mr. Sellers then went into the parlour, Mr. Green went away, and Mr. Yates went into the front parlour by himself.

Q. Did any thing happen between that and your master's dinner? - A. No; Mr. Yates sent me out for his dinner, and I left him sitting upon the stone steps behind the house that go down to the garden, and when I came back I found him there.

Q. Were the doors fast then? - A. No; all the doors were open except the chamber doors; the street door was open.

Q. Did any thing happen till after dinner? - A. No; I got his dinner, and he dined about four o'clock in the front parlour.

Q. All at this time was quiet? - A. Yes; I took his dinner up, and he sat down to dinner; he finished his dinner about half past four, I took the things away, and carried them down stairs into the front kitchen where Miss Jones's servant is.

Court. Q. Had you separate kitchens? - A. No; we lived together in the same kitchen.

Court. Q. You constantly use the same kitchen? - A. Yes.

Q. When you went into the kitchen, do you know what became of your master? - A. I left him in the parlour; I sat still in the kitchen, and I heard my master go down the stairs into the garden; it was about a quarter before five, or it might be rather more.

Q. Did you see any thing of Miss Jones, Mr. Sellers, or Mr. Footner after that? - A. I heard them; Miss Jones came down into the back kitchen, and then she came and just peeped into the front kitchen where I and Miss Jones's servant were.

Q. Did she speak to you, or you to her? - A. No; she went through the kitchen to a door that leads from the back kitchen into the area.

Q. Did you see her do any thing there? - A. No; she went immediately up stairs; as soon as she was gone, I went out into the back area, and looked, and Mr. Yates was then in the garden walking towards the stone steps.

Q. What did you next hear and see when the prisoners were up stairs? - A. All was quiet and still then up stairs; a little while after Miss Jones came down stairs again, and went into the back kitchen, looked there, and did not offer to come near the front kitchen, but went towards the back door that leads into the area.

Q. Did she do any thing then? - A. As soon as she left the door I went to it.

Q. Did the do any thing then? - A. I heard her shut the door; I went to it immediately as she left it, I thought it very odd of her shutting the door, and it was locked, and the key taken out, and bolted with two bolts.

Q. Are you sure that door was open before? - A. Yes; I am sure of it, and all our doors were open; she went up stairs, and I heard her shoe heels go across the back parlour, and shut the shutter of one of the back parlour windows, the window next to the stone steps.

Q. That window was next the stone steps so that any body might have got in there? - A. Yes.

Q. Why do you suppose it was Miss Jones that crossed the room? - A. Because I heard the shoe-heels go across the room as women's shoe-heels do; there was no other woman up stairs but herself.

Q. What happened next? - A. I heard a kind of bustle in the passage from the back parlour door that leads to the stone steps of the garden.

Q. Did you observe any thing particular? - A. As if two men were there, and I could not tell what they were doing; next the door-window was broke; the door had half glass and half wood.

Q. You heard it break? - A. Yes.

Q. You could not tell who did it? - A. No; but I heard Mr. Yates pushing and calling at the outside of the door; then I immediately ran out of the front kitchen into the back kitchen; and as I passed the stairs I looked up, and observed two men at

the top of the kitchen stairs, which, upon looking round I perceived to be Mr. Sellers and Mr. Footner standing at the door that goes down the stone steps into the garden.

Q. Are the stairs so situated that you could see who was at that door? - A. Yes.

Q. Was any body else there? - A. I heard Miss Jones in the passage, but I did not see her.

Q. In the same passage? - A. No; in the passage from the front parlour to the back parlour.

Court. Q. These two men were standing at the garden door? - A. Yes.

Q. What passage was it you heard Miss Jones in? - A. The passage from one parlour to the other; it leads strait down to the garden door.

Mr. Const. Q. It is in one line? - A. Yes.

Q. But so far back that you could not see her? - A. Yes; I went into the back kitchen, and got upon the dresser, and from the dresser I got up to the window; I looked out, and saw Mr. Yates upon the top of the stone steps, and seeing me, he said, "open the window," I opened the window immediately, Mr. Yates came down the stone steps; the kitchen window had got three bars across the window, and he put his head between, his stomach leaning over one of the bars trying to get in.

Q. Where were you at this time? - A. I had got hold of his two shoulders helping to pull him in; and hearing somebody come down the kitchen stairs, I looked round, and saw Mr. Sellers with a pistol in his right hand; I immediately cried out, and said, "for God's sake don't shoot him!" and then I said, "for God's sake don't let it off!" Mr. Sellers said to me, "Mr. Yates must not come in;" and Mr. Yates immediately drew himself back, but being a lustly man, he was quite fixed in the window, that he could not get himself out; he drew himself back, and got all out but his head; and as he was drawing back, Mr. Sellers presented a pistol to him, and he held out his right hand to put the pistol away on one side, but he could not; immediately after he laid his hand down upon the iron bar, the hand that he had tried to put the pistol away with, as if to push himself out.

Court. Q. Did he do that after he had touched the pistol? - A. He had not touched it; he put his hand out to push it on one side, but he could not; he tried to get out, but he had got his hat upon his head, which stuck between the bars; Mr. Sellers had got his thumb at the top of the pistol, and his finger underneath.

Court. Q. Did you see his thumb move? - A. I saw him lay his thumb upon the pistol, and his fingers move underneath, and it went off immediately.

Q. You did not see his thumb move? - A. No.( Augustus Manning produced a pistol, which was put into the hand of the witness, who described it that his thumb was behind the cock, and his fingers at the trigger.)

Q. (To the Witness). How long after Mr. Yates had put his hand upon the bar was it that the pistol went off? - A. Not a minute.

Court. Q. Did he touch Mr. Sellers' hand? - A. No; he could not touch his hand.

Court. Q. Did Mr. Sellers keep his hand in the same posture? - A. Yes.

Court. Q. And the pistol in the same direction? - A. He held the pistol to Mr. Yates; he held it to him first when he began to draw back.

Court. Q. How long might it be from the time he first came down to the time of firing the pistol? - A. It might be a couple of minutes.

Court. Q. You say the pistol went off? - A. Yes.

Court. Q. And you saw Mr. Sellers at the time? - A. I was close to Mr. Sellers at the time; after he had let the pistol off, I screamed out, and Mr. Sellers said, "he is not hurt, he is not hurt."

Court. Q. Is that all that he said at the time? A. Yes; and he said nothing more.

Mr. Const. Q. What became of your master? - A. Mr. Yates said immediately, he was shot, I am wounded, murder three times; he got his head out of the window, his hat dropped off, and he ran to the garden wall with his two hands upon his wound, and cried murder three times; he said first he was wounded; I then went and alarmed the neighbourhood.

Q. How did you get out? - A. I was close by Mr. Sellers in the corner, but I shoved myself away, and ran out of the back kitchen into the front kitchen; the front kitchen window had got bars over it, and I forced one of the bars away, and I cried,"murder, that my master was shot in the garden;" I got upon the rails, and a woman helped me over; Mr. Footner opened the front parlour window, and said, I was mad, there was nobody hurt.

Q. Was this while you were telling the mob of it? - A. Yes; he said, the girl was mad, that there was nobody shot in the house, nor yet in the garden; he went immediately away from the window, and Mr. Sellers went into the street and shut the door after him, and, as soon as he came out, I said, "that is the rascal that shot my master, lay hold of him," and immediately a man laid hold of him; as soon as I said he was the man that shot my master, Mr. Sellers said, he would deliver himself up before any Justice; and a man knocked at the door and said,"is there no entrance into this house, the man is here," they did not let him in, he went in at the next door, the man went round and got in some how, for he came and opened the street door, and let me in.

Q. When you went in what did you see? - A. I saw Miss Jones in the front parlour, and Mr. Footner in the back parlour, and I said to Miss Jones,"it is all through you that Mr. Yates is shot," and she said,"hush, hush," twice; she said no more, and then I went down into the garden, and there Mr. Yates was lying assisted by a good many people; he was lying in the garden on the second green - the garden was divided; I perceived his wound bleeding very much indeed, he laid upon his right side, and when he saw me, he laid hold of my hand, and said,"fetch your mistress," and then he said again,"send for her." He had been talking before to somebody else, but I did not hear what he said, and in about three quarters of an hour Mrs. Yates came in, he was lying then in the garden.

Q. When did you see the pistols, after that? - A. I went just before Mr. Yates came in, into the passage, right opposite the front parlour door, and I saw this pistol, or a pistol like it, lying under a mahogany table in the passage, opposite the front parlour door.

Q. Did you take up the pistol when you saw it? - A. Some men were looking for some pistols, I cannot tell who they were, and I looked under the table, there were two chairs and two tables standing in the passage, and I looked and saw the pistol lie under the table, and I stooped down to take it up.

Court. Q. It did not lie in the back kitchen? - A. No, in the passage, opposite the front parlour door; I stooped to take it up, and Miss Jones, who was standing at the parlour door, said,"let it lie," and I let it lie, and a man came and took it up.

Q. How came you by the hat? - A. There was a kind of a bench by the window, where he was trying to get in, and I took it off the bench; he had this hat on when the pistol went off; this is the neckcloth he had on, and this is the waistcoat he had on, (the hat and waistcoat handed to the Jury). After the examination at Bow-street the first night, I came home and went into the front parlour first, and then into the back parlour, and the cupboard door was locked, which Miss Jones used to keep her glasses and salts in, and the key was in the door, it was locked; I unlocked it, and looked into the cupboard, and this cutlass was laid at the bottom of the cupboard,(produces it).

Q. Did you happen to have access to that cupboard before? - A. No; Miss Jones's servant was ill about a fortnight, and the closet was always kept open before.

Q. Did you ever see any arms there before? - A. I never saw any thing of the kind there before.

Cross-examined by Mr. Fielding. Q. Now, my girl, first tell me when you were first examined upon this melancholy occasion? - A. I was examined on the same night a Bow-street, Monday night.

Q. Was your examination taken in writing? - A. In writing.

Mr. Fielding. Q. Is that examination returned.?

Mr. Shelton. A. No, it is not.

Q. When were you examined the second time? - A. I think it was on the Thursday.

Q. When were you examined the third time? - A. I was examined then on a Tuesday, I think.

Q. Now, young woman, tell me first where you have lived since this melancholy affair happened? - A. With Mrs. Yates ever since.

Q. Have you seen any gentleman at all concerned in this prosecution since the time you were examined at Bow-street? - A. I don't know what you mean.

Q. Have you seen that gentleman, (pointing to the Solicitor) since you were examined at Bow-street? - A. Yes; I saw that gentleman yesterday; I cannot say I saw him any other time but when I was examined till yesterday.

Q. You came into this house where Miss Jones lived, on the Wednesday? - A. Yes.

Q. Had you known any thing of Miss Jones before that time? - A. Yes; I had been at Miss Jones's house for a fortnight.

Q. How long before the Wednesday, when you came there as a servant of Mr. Yates? - Not quite a fortnight.

Q. Was you first acquaintance with Miss Jones, or with Mr. Yates, or with Mrs. Yates? - A. The first acquaintance that I had, my mother lived at Miss Jones's as a servant.

Q. Had she been discharged from the place of Miss Jones? - A. No, she was very ill; and when I had just left my place, she had me to do for her; while she was ill; that was the first acquaintance I had with Miss Jones.

Q. When was it your mother left Miss Jones's place; how long was it before you went as a servant to Mrs. Yates? - A. She had not left her, she was in the place at that time.

Q. When you went on the Wednesday? - A. Yes.

Q. She remained as the servant of Miss Jones in the house? - A. Yes, until the Sunday.

Q. How came you hired to Mrs. Yates? - A. At the time my mother was ill, I used to clean Mr. Yates's shoes, and brush his coat; and he said, his wife was coming to town, and he should want a girl to nurse his children.

Q. When his wife came to town, and before she had gone to the house of Miss Jones, you were there as servant to Mrs. Yates? - A. Yes; she came to town on Sunday, last Sunday was five weeks, and I came on the Monday morning.

Q. Was your first visit to her according to the direction of Mr. Yates, whom you had known

when you were at Miss Jones's to help your mother? - A. Yes.

Q. Mrs. Yates, when she went to Miss Jones's left you behind for two days? - A. She came to Miss Jones's house in Stafford-row, which was old Mr. Yates's house; she went home the Tuesday night, and I was left behind to take care of the children till Wednesday night.

Q. In fact you did not go to Miss Jones's house with Mrs. Yates? - A. No; I went the day after.

Q. Did you see your mother at Miss Jones's the day you went on the Wednesday? - A. Yes.

Q. You knew that Mrs. Yates was going to Miss Jones's when she went away? - A. Yes; she went in a coach, I knew she had no where else to go but there.

Q. Then of course when you went to Miss Jones's, Miss Jones knew you as an assistant of your mother, who was her servant? - A. Yes.

Q. Now on the Wednesday recollect, as well as you can, when it was Mr. Sellers came to the house? - A. Mr. Sellers came to the house on the Wednesday, and Mrs. Sellers on the Thursday.

Q. Recollect, was it on the Wednesday, you can only speak to the best of your memory? - A. I am sure it was on the Wednesday Mr. Sellers came, and I let Mrs. Sellers in on the Thursday, I had not seen her there before.

Q. Who was there when you let her in on the Thursday? - A. A young man was with her.

Q. Who was that? - A. There were two little boxes, like hat boxes; she asked for Mr. Sellers, and he asked why she had not brought the child, and she said she did not know she was to bring the child.

Q. Did she bring the child at any time after? - A. Yes; on the Friday or the Saturday, I am not certain which.

Q. When was it that your mother left the service of Miss Jones? - A. Miss Jones hired another servant in the house, and my mother left the house on the Saturday.

Q. You continued the servant of Mr. and Mrs. Yates, what servant had Miss Jones? - A. Fanny Batton; she hired a new servant on the Thursday.

Q. Your mother had left the house on the Saturday, and you staid there as the servant of Mr. and Mrs. Yates? - A. Yes; Miss Jones told my mother she would discharge her on the Thursday, but she did not pay her her wages nor would not.

Q. Do you recollect who came to the house on Thursday; any persons that might happen to come there during the course of the day? - A. No; I don't recollect any body.

Q. Did you see Mr. Beard or Mr. Bigg, or any gentleman from Miss Jones's proctor? - A. I had seen Mr. Beard there.

Q. When did you first see Mr. Beard there, you came on the Wednesday? - A. I saw Mr. Beard come with his chaise on the Sunday.

Q. Did not you see him between the Wednesday and the Sunday? - A. I don't recollect that I saw him between.

Q. Do you recollect any body else? - A. A great many gentlemen came, but I could not tell what they wanted.

Q. Did Mr. Yates, from the time you came into the house on the Wednesday, till this unfortunate affair, did he go out at the street-door? - A. No; he would not go out, but he used to go in the garden every day of his life.

Q. Now on the Monday morning, you say you saw Miss Jones take the key of the door out of the cupboard? - A. Yes.

Q. Mr. Yates had some questioning with Mr. Sellars about being locked into this house? - A. Yes.

Q. They were whispering together, and Mr. Yates, in a whisper, told you to go for a smith? - A. Yes; Mr. Yates first told me to do so.

Q. Were you aware of what the smith was intended for when you went in execution of this message? - A. Yes; because Mr. Yates said he would not be locked out so.

Q. You knew at that time that it would be objected to by Mr. Sellers and Miss Jones? - A. I did not know.

Q. Mr. Yates said to you in a whisper? - A. My mistress called to me first from the top of the stairs.

Q. Why did you mention that Mr. Yates spoke to you in a whisper; do you mean that it was a whisper, or that it was not? - A. He did not speak very loud.

Q. Then you went out for this smith? - A. I did not go out on purpose for the smith, I went out of an errand to get some potatoes for dinner, and I was directed to bring the smith in with me.

Q. When you returned to the house you say you could not get into the house? - A. No.

Q. How often did you knock at the door? - A. I knocked once at the door.

Q. And then you thought proper to get a chair, and the smith got in at the parlour window? - A. The servant maid looked out at the kitchen window, and saw a man was with me; and I heard her go and tell Mr. Sellers, and he opened the street-door and shut the door to again when he saw the man.

Q. And then you got a chair, and the smith got in at the window? - A. I told him to get in.

Q. Notwithstanding you had had the door shut against you by Mr. Sellers, you got a chair for him to get in at the window? - A. Yes.

Q. How long night he have been in the house

before you had an opportunity of hearing or seeing what had passed in the passage? - A. I had not been ten minutes in the house, I suppose, taking the lock off.

Q. Mr. Sellers objected to it? - A. Yes.

Q. The smith obeyed Mr. Yates's orders, and took it off.

Q. Did you see any struggle or contest in the passage? - A. I heard a struggle as if the key of the street door was chucked down, or something, but I did not see it.

Q. Then what happened between them you did not see? - A. No.

Q. Then immediately upon your getting in, tell me what you had the opportunity of seeing at that instant? - A. I saw the smith with the lock in his hand pulling out the screws.

Q. Soon after that it was that Mr. Sellers said to Mr. Yates, "let the lawyers fight it out, for they will be here in the evening? - A. No; that was when the lock was put on.

Q. Did you hear what Mr. Sellers had said before that to Mr. Yates? - A. No; I could not tell what he said before.

Q. Did not he say, do not let us have any quarreling, let the lawyers fight it out? - A. I could not tell what they said on the outside of the door.

Q. You heard him say, let the lawyers fight it out, they will be hear to-night? - A. Yes.

Q. Soon after this, Mrs. Yates went out? - A. That was after Mrs. Yates went out.

Q. How long between Mrs. Yates's going was it before Mrs. Sellers went out with message from Miss Jones and Mr. Sellers? - A. She went out about ten minutes after, between one and two o'clock.

Court. Q. Was that before the lock was brought home? - A. Yes.

Mr. Fielding. Q. After the smith had been there and taken off the lock, before it was put on again Mrs. Sellers went out, after Mrs. Yates was gone? - A. Yes.

Q. You did not know what Mrs. Sellers went out for? - A. No; but she went out in a coach, and her child with her.

Q. During the course of this time there was nothing that passed as between Mr. Sellers and Mr. Yates that you have related? - A. No; no quarrelling between them at all; when the quarreling was, it was always brought on by Miss Jones.

Q. Then from what you had seen from Mr. Sellers being in the house, you never perceived any quarrelling between him and Mr. Yates? - A. No; Mr. Yates and Mr. Sellers were talking very freely indeed in the garden, Mr. Sellers at the back-parlour window, and Mr. Yates in the garden.

Q. Very samiliarly and good naturedly? - A. Yes.

Q. Then between these two gentlemen you did not perceive any wrangling or quarrelling? - A. Never.

Q. Whatever quarrelling there was, was between Miss Jones and Mr. Yates? - A. Yes.

Q. Were there quarrels between Miss Jones and Mr. Yates? - A. Yes; a quarrel on the Friday; Mrs. Yates had been very ill for a long time, and she had got my bed in her room, and Mr. Yates had got a gentleman come to see him; Miss Jones and Mr. Sellers went into Mrs. Yates's room, and took away the bed that I stept upon.

Q. Was the quarrel carried to any length, did they use any hard language to one another? - A. No, no hard language at all.

Q. Was there any quarrel at all, that fell within your observation, upon the Thursday before the Friday? - A. No.

Q. Nor on the Wednesday, the first day that you came? - A. No.

Q. On the Saturday? - A. No.

Q. On the Sunday? - A. No.

Q. On the Monday, at the time the smith came and was there any quarrel between Miss Jones and Mr. Yates then? - A. No; not before the lock was taken off.

Q. Mr. Yates, although he would not go out it the front door went frequently into the garden? - A. Yes; very frequently.

Q. You had learned from them all, that the lawyers were to be there in the evening? - A. Yes; from what I had heard say.

Q. Mrs. Sellers you know was gone at this time? - A. Yes; she had not returned, nor Mrs. Yates; when Mrs. Yates came in Mrs. Sellers returned at the same time.

Q. And Mr. Yates went down into the garden, and they shut the door to keep him in the garden? - A. Yes.

Q. In short all the place was so fast at the back of the house as to keep Mr. Yates out? - A. Yes; the first floor window upon the stairs had the shutters shut, and the back parlour window shutters were put to, and the sliding shutter upon the garden door was shut, and a little window to show light upon the stairs, and that shutter was shut to.

Q. But so far as the doors went they were closed, so that it was impossible to force them? - A. Yes; it was impossible for any body to get in.

Q. You were obliged to open the window to him when he called to you that he would come in? - Yes.

Q. Now be a little particular at this time; when Mr. Yates was out in the garden and wanted to come into the house through the window and called to you, you were in the kitchen in order to give all the assistance you could to such an intent? - A. Yes.

Q. That was in the back kitchen? - A. Yes.

Q. Having called to you, how long was it that you might be there endeavouring to open the window? - A. He did not call to me till he saw me at the window.

Q. How long had you been at this window; did he call tolerably loud? - A. He called to me to open the window, any body might hear him.

Q. Was it about then that Mr. Sellers came from above stairs into the kitchen with the pistol? - A. When he called to me to open the window, he was upon the stone steps pushing against the door, then he saw me at the window, and he called to me to open the window, and came to me; he was down the steps in an instant.

Q. And then it was that Mr. Sellers came from above stairs with a pistol in his hand? - A. Yes; when Mr. Yates was trying to get in at the window.

Q. Mr. Sellers then came down stairs by himself, and was there by himself with a pistol in his hand? - A. Yes; I did not see any body else, but I heard people in the passage.

Q. And he said to Mr. Yates, Mr. Yates, you must not come in? - A. Yes; and then Mr. Yates drew back-

Q. When you saw the pistol, were not you very much alarmed? - A. I was very much frightened indeed.

Q. Did you call out to your master? - A. I did not call to my master, as I supposed he saw the pistol, because he drew back immediately.

Q. Mr. Sellers did not fire the pistol immediately, but held up the pistol to frighten him? - A. He presented the pistol, and Mr. Yates drew himself back.

Q. Try your recollection; you were examined the same evening, recollect the account that you gave then, as far as you can, about the hand of Mr. Yates being upon the pistol? - A. I said that night what I say now.

Q. There are a great many people heard what you said, did you say or not, that he had hold of the pistol? - A. I said that he had not.

Q. Had he, in fact, hold of the pistol? - A. No.

Q. Now, as to the letting off the pistol, did not you say, that if the pistol had gone off at the time his hand was up, it must have shot him through the hand? - A. The gentleman asked me if I was sure the pistol did not go off at the time of his putting up his hand to it, and I said, no; if it had, it must have gone through his hand.

Q. Now, alarmed and frightened as you were, did you attend more to the situation of your master than that of Mr. Sellers who was standing with the pistol in his hand? - A. I looked at my master, and then I looked at Mr. Sellers, to see if his hand went so as to let it off.

Q. Did you ever see a pistol fired before? - A No, never.

Q. Were you so collected, in this state of alarm, as to take notice of the thumb and finger, and your master, in that situation? - A. Yes; I took notice of all that I saw.

Court. Q. You looked at your master first, and then at Mr. Sellers, why did you look at Mr. Sellers? - A. I looked when I saw his hand go here; I thought it must be to fire the pistol, and then I said,"for God's sake don't shoot him, for God's sake don't fire it off."

Q. Do you recollect, when you were examined by the Magistrate, describing the thumb upon the lock, but not saying a word about the finger? - A. I said, that the thumb was here, but I did not say any thing about the finger; I was very much confused when I went to Bow-street.

Q. But do you recollect what you said about the melancholy situation of Miss Jones before the Magistrate after this accident, that Miss Jones appeared extremely melancholy? - A. I said, Miss Jones walked up and down the parlour when a great mob of people came in, she did not seem to mind it before, but after that, she walked up and down the parlour, and still kept laughing every now and then.

Q. When you spoke to Miss Jones of this, that she was the occasion, that it was through her that your poor master had been shot, what answer did you give before the Magistrate? - A. I said to her, that he would not have been shot if it had not been for her; and she said, "hush, hush."

Q. Now, why should you have conceived so? - A. Because she always seemed so spiteful to him; and to Mrs. Yates more so.

Q. It was then from what you had observed before, that you conceived this had happened? - A. Yes.

Q. Now, immediately after the pistol was fired, you, of course, were then more alarmed than you were at first? - A. Yes, I was.

Q. Then you immediately determined to alarm the neighbourhood, and get into the street? - A. Yes.

Q. And that was what you intended to do? - A. Yes.

Q. Other matters could not press upon your attention, you were determined to get out? - A. Yes.

Q. Do you know were your mother is at present? - A. Yes; she is here.

Q. Where has she lived since this unfortunate affair? - A. No. 23, Pall-Mall.

Q. Have the wages, about which there has been a quarrel, ever been paid, to your knowledge? - A. There was no quarrel about it; she has never had her wages of Miss Jones.

Q. Did you say a syllable, notwithstanding you

were examined over and over again, did you say a syllable about Mr. Footner coming into the parlour, or saying a word to the people without doors, or any thing like it, at any of the examinations? - A. I did all but the first; I did not in the first.

Court. I see she did not, but one of the other witnesses did.

Mr. Fielding. Q. I ask you again whether you said a syllable about that circumstance, relative to Mr. Footner, before the Magistrates? - A. Yes, I did.

Q. At the time when this melancholy affair took place where was Mr. Sellers, in the kitchen by himself? - A. Yes.

Q. If you had not been there, could your master have got in without your opening the window? - A. He could have opened the window outside.

Q. But your assistance would have rendered it more easy? - A. Yes.

Q. These bars, were there any difficulty in getting in between these bars? - A. Yes; for such a lusty man as Mr. Yates.

Q. Describe, as particularly as you can, the situation in which Mr. Yates was at the instant the pistol went off? - A. He was laying over the bar, with his head down, and his hat on.

Q. How was he standing with respect to his body? - A. Stooping.

Q. How was Mr. Sellers placed, was Mr. Sellers's hand above or below Mr. Yates when he presented the pistol? - A. No; he presented the pistol to Mr. Yates.

Q. Was Mr. Sellers close to the bar of the window? - A. There was a dresser, like a window-seat, that Mr. Sellers I don't think could reach him with his hands.

Q. How near were they together at the moment the pistol went off? - A. The pistol was about that near to him. (About half a yard).

Court. Q. What part of Mr. Yates was next to the pistol? - A. His head.

Q. And the pistol was within a foot and a half of his head? - A. Yes.

Mr. Fielding. Q. You have told me, that with respect even to Mr. Sellers and Mr. Yates, it appeared to be all amity, no ill will? - A. No.

Q. There was not the least appearance of ill will, nor any conversation, hardly, between Mr. Footner and Mr. Yates? - A. No; Mr. Yates knew nothing at all about Mr. Footner.

Jury. Q. At which bar was he endeavouring to get in? - A. He was over the lower bar, he could not get over the second.

Jury. Q. How high was that bar from the ground? - A. The window was not very high from the ground.

Court. Q. Should you think his legs touched the ground? - A. I am not certain; to the best of my knowledge, I think he was kneeling down upon the bench close to the window.

THOMAS GOUT sworn.

Examined by Mr. Raine. Q. You are a private in the first regiment of foot guards? - A. I am.

Q. Do you recollect being at Pimlico on Monday the 22d of August? - A. Yes; about five o'clock in the afternoon; when I came to Stafford-row, by the first coffee-house, just by Buckingham-gate, I heard somebody screaming out, I hurried as fast as I could to the place, to see what was the meaning of the noise; when I came by the late Mr. Yates's house, I saw Mary Thompson , the servant of Mr. Yates, getting over the iron rails of the area, in which I assisted her; she called out "that her master was shot, her dear master was shot," that was the expression she used; I turned round and saw Mr. Sellers, that gentleman in black, come out at the street-door, seemingly, in my opinion, going away, unconcerned, about his business; to which Mary Thompson , the maid servant of Mr. Yates, said,"that is the person that shot my master;" upon that, Mr. Jagger, a stone-mason, or carpenter, or whatever he is, seized that gentleman in black by the collar; and Mr. Sellers said,"he was willing to go before any Justice, or to send for a constable;" upon which Jagger said, "in such a case as that, he thought that any body was constable."

Q. Did you observe the parlour-window at this time? - A. At the same time, I observed Mr. Footner, the other gentleman, throw up the window, as the girl was making a noise to the populace in the street; what he said to her I cannot say, but I heard him use these words - "that there was nobody shot in the house, or in the garden."

Q. Did you observe any body else? - A. Fanny, a late maid of Miss Jones's, came to the window, and called to me to tell Mary, that if she would come to the door she would let her in, that was Mary Thompson, and I did so, by which means I got in myself; Mary Thompson and I went into the house together, and we went into the garden to the deceased, Mr. Yates; when I came to the garden, I saw Mr. Yates lying on the ground, and saw his wound, there were several people with him at that time, that had got admission over the garden-wall; there was a man at the same time supporting him in the garden, the girl ran to her master, and he took no notice of the girl at that time, but somebody was asking him some questions; Mr. Sellers, that gentleman in black, stood at a little distance, and then Mr. Yates said, "That is the villain, or rascal," I don't know which,"that shot me."

Q. Did he point towards him? - A. He pointed towards Mr. Sellers, that gentleman.

Q. Did you happen to observe whether there

were any blood? - A. Yes; I saw the blood on his shirt, seemingly a great quantity.

THOMAS BROWN sworn.

Examined by Mr. Const. I am a surgeon, at Pimlico.

Court. Q. Were you the first surgeon that came to Mr. Yates? - A. I believe I was.

Mr. Const. Q. Tell us the situation in which you found him? - A. I found him in the garden lying upon the grass-plat; I immediately observed that his would was mortal.

Court. Q. Did you say so to him? - A. I did; and to all the people about him.

Court. Q. This was before the other surgeons came? - A. Yes.

Mr. Const. Q. What conversation had you with him, did you give him any advice? - A. I asked him who was the person that had done it; and the people pointed to Mr. Sellers; I went up to him, and asked Mr. Sellers what the pistol was loaded with? he said with balls; I asked him if there was more than one? he said, but one; I then returned to the deceased, and had him bled, and heard him say,"that Miss Jones was the cause of all."

Q. Was that after you said it was mortal? - A. Yes; I advised him if he had any affairs to settle he would immediately set about it.

Court. Q. Loud enough for him to hear? - A. Yes; I was close by him.

Court. Q. That was, when you first pronounced the wound mortal? - A. When I first saw the wound mortal.

Mr. Const. Q. While you were present, did Mr. Footner come there? - A. No, nor Miss Jones; I saw them at Bow-street, afterwards.

Q. You continued attending him while he lived? - A. Yes; and was with him when he died.

Q. Can you take upon yourself to say, that that wound was the cause of his death? - A. Most certainly.

THOMAS GOUT called again.

Examined by Mr. Raine. Q. You were going to tell us what Mr. Yates said concerning Miss Jones? - A. Mr. Yates asked if Miss Jones was secured? Mr. Penny said she was; he said, "she bolted the first door against me."

Q. What did you do after that? - A. I was ordered by Mr. Penny to assist his servant to keep the mob out; I went to the front door, I stopped there to assist Jagger, and another man, to keep out the mob, and guard the door, to see that Mr. Footner nor Miss Jones might not come out.

Q. Whilst you were guarding the door, did you see Miss Jones or Mr. Footner? - A. I saw them both, one standing on one side the front parlour door, and the other on the other.

Court. Q. Within the parlour? - A. They were standing with their backs against the door-stall; I heard Miss Jones say to Mr. Footner, that she could not have thought that he would have done it.

Q. Did you hear Mr. Footner say any thing? - A. I heard Mr. Footner, sometime after, and Mr. Johnson, I believe, was questioning him; he said, he was very sorry he had come into the house, the fault was not his; and Mr. Sellers said, say nothing, leave it all till you get to Bow-street. I don't know whether Miss Jones heard it or not, she was in the parlour just by.

Cross-examined by Mr. Knowlys. Q. At the time you say that Mr. Footner made use of the expression you have stated to us, the mob were assembling about the house? - A. Yes.

Q. And the mob were extremely ungovernable and riotous? - A. No; I saw that every body was very much composed.

Q. However, there was a very large mob? - A. No; being an out-of-the-way place, as it were, there was no great mob; there was no rioting at all.

ROBERT JAGGER sworn.

Examined by Mr. Coust. Q. What are you? - A. A mason; I live at Mr. Penny's, Pimlico.

Q. You know the house that was Mr. Richard Yates 's? - A. Yes.

Q. Do you remember Monday the 22d of August? - A. Yes; about five o'clock, I was at work, and I heard the report of a pistol; I was at about sixty yards distance from the house.

Q. Did you go to Mr. Yates's? - A. Yes.

Q. Did you go in? - A. I could not go in at the door, I went in at the window.

Q. Did you knock at the door first? - A. Yes.

Q. What window? - A. The back kitchen window.

Q. How did you get to the back kitchen door? A. Over two garden walls? when I got into Mr. Yates's garden I saw the wounded gentleman upon the grass plat.

Q. Were you the first that got there? - A. Yes; when I got into the garden I asked the gentleman if he was wounded, and he said he was; I asked him by whom; he said a person in black with light hair, by which I knew it was a person I met at the front door; I instantly left him, and ran up the stone steps to the back door belonging to the passage; that was fast; I returned from that, and went to the kitchen door, that was fast also; I went through the kitchen window and up the kitchen stair-case, and into the passage, when I saw the gentleman in the front parlour along with a lady.

Q. Do you know who that gentleman was? - A. Yes; (paints to Footner) I opened the front door, and there was the other gentleman; he was saying he was willing to go before any Justice or

send for a constable; he wanted to go into the front parlour, I would not let him; I took him down to the gentleman and the maid upon the grass plat, and asked him if that was the gentleman that wounded him; he said, yes, that is the man that wounded me.

Q. After he said that, did you see Footner with him? - A. No; I set off to fetch some surgeons, or any assistance I could get; there was plenty of people about him.

Cross-examined by Mr. Knapp. Q. Miss Jones and Mr. Footner were in the parlour? - A. Yes.

Q. When you came down with Sellers to the grass plat, do you recollect any thing particular said by Mr. Sellers? - A. No.

Q. Did you see any thing that he did? - A. No; only when I was leaving him he was willing to drop upon his right knee; but I left him in that situation.

Q. To whom did he appear willing to fall upon his right knee? - A. As if to Mr. Yates.

STIKEMAN sworn.

Examined by Mr. Raine. Q. You live next door to the house of the late Mr. Yates? - A. I do.

Q. Upon the alarm you heard in the garden when you got upon the wall, tell us what passed? - A. I saw Mr. Yates upon one hand and on one knee; he called out to me as soon as I had got my hand upon the wall, for God's sake give me assistance; he said he was wounded; I asked him how; he said he was shut; by whom; by the people in the house; I went round instantly to the front door, and several people were got in; I made the best of my way down to the deceased.

Q. Did you see any body in the front parlour? - A. Several people in both parlours; at that moment I don't know who, for I made the best of my way down to the deceased; I found him in the hands of several persons I had given the alarm to in a carpenter's-yard; I immediately was going up for surgeon Brown, but finding somebody was gone for him, I went, in case he should not be at home, for a young man from the Westminster Infirmary; I went to get him some hartshorn and some cloths; the second or third time that I think I went for some cloths, I saw Mr. Sellers and Miss Jones in the back parlour; I afterwards missed Miss Jones, and saw Footner in the passage walking by himself, with nobody to guard him; he was walking a few paces to and fro in the passage; his appearance was collected enough; I asked him where Miss Jones was, he answered it was no business of mine, she was not going to run away; I said it was my business to see that nobody escaped from it a house; he said then, she was gone up stairs for some things, and I might go after her; I told him I should not go up to be the least indecent or incommode her, I should wait her coming down.

Q. After this did you go into the garden? - A. Yes; I went into the garden with some linen to bind up Mr. Yates's arm after bleeding; and when I went down into the garden upon further business it was with Mr. Brown and myself, and Mr. Footner, by Mr. Brown's desire.

Q. Did you take Mr. Footner to Mr. Yates? - A. Yes; he walked between us, and seemed very willing to submit to any thing that was asked of him; apparently to me, Mr. Brown asked Mr. Yates it he knew that man in brown, (Mr. Footner,) Mr. Yates said, yes, he was in the house at the time; Mr. Footner I believe made some reply to that, but I don't recollect exactly what it was; but however a second conversation took place upon that, which has passed my memory to ascertain immediately what it might be; Mr. Yates said, how came you here; he said, if I had not been sent for I had not been here, and I am very sorry for it; and I believe he was, he seemed to speak with that emphasis as though he spoke what he thought.

Q. What said Mr. Yates to that? - A. Mr. Yates said, "he shut one door and you shut the other."

Q. When he said you, who did he address himself to? - A. To Mr. Footner, and that was all that passed; we went away back again to the parlour, Mr. Sellers and Miss Jones were then in the front parlour; when Mr. Sellers came up into the parlour, Mr. Footner said to Mr. Sellers, "you know I know nothing of this business;" Mr. Sellers's answer then was, "we have no business to say any thing till we are at Bow-street;" that finished the conversation.

Cross-examined by Mr. Abbott. Q. As to what Mr. Footner said to Mr. Yates, I will remind you of what you said at Bow-street; Mr. Footner said to Mr. Yates, I know nothing of the business? - A. I believe he did say he knew nothing of the business; he was very willing to go any where.

Q. What you said at Bow-street was, that Mr. Footner said to Mr. Yates, I know nothing of the business? - A. I will not say that I did not.

Court. Q. It was so that Mr. Footner said that to Mr. Yates? - A. I cannot take upon me to say that, those words were repeated if I said so, I dare say I was correct.

THOMAS JOHNSON sworn.

Examined by Mr. Const. I live in St. Martin's-court, I am an umbrella-maker; I was, by accident, at Pimlico, about five o'clock on Monday the 22d of August.

Q. You, I believe, had a great deal of conversation with Mr. Yates? - A. I had.

Court. Q. Did you know Mr. Yates before? - A. No, I did not know any of the parties;

what passed I committed to writing, at the desire of several persons; Mr. Sellers was in the garden before me; Mr. Brown, the bricklayer, desired me to put down what he said; I immediately got a pen and ink, and I asked Mr. Yates, Sir, "who shot you?" he immediately pointed his finger to Mr. Sellers, and said, "Mr. Sellers;" I said, "had Mr. Sellers and you any previous quarrel, or at the time the pistol went off, were you in the act of scuffling with Mr. Sellers," "No, no."

Court. Q. Was Mr. Sellers near enough to hear these questions? - A. Close to his right hand; I then immediately asked him, if he thought that Mr. Sellers shot him maliciously, and his reply was,"Yes, yes;" somebody then put the question to Mr. Yates, was Miss Jones accessary to any part of the transaction? immediately he replied, that she was accessary to every transaction.

Q. During this time, was Mr. Sellers within hearing? - A. Yes; he was as close, as well as I can recollect, as I am to that gentleman, (a gentleman sitting immediately before the witness); he made no reply; sometime after, I withdrew into the parlour; some person there, whom I am not positive to, but, I believe, Mr. Sellers, said, "Miss, they say you have been accessary to every, or, this horrid transaction." and she said, "I have."

Court. It cannot be supposed, that these persons, being ignorant of the law, would use the word accessary in its strict legal sense; it cannot be supposed that this woman meant to have confessed in that way that she was accessary to the murder.

Court. (To the Witness). Q. This was after they had been in the garden some time? - A. Yes.

Q. At the time this conversation took place, was Mr. Sellers in the parlour? - A. Yes, but I cannot say that Mr. Footner was; when Mr. Footner came in, he addressed Mr. Sellers, and said,"you know I was not in the kitchen at the time;" to which he made him no positive answer, but said, "hold your tongue, we have no occasion to say any thing here;" upon which Mr. Footner turned round, clapped his hand upon his breast, and seemed very much distressed in his mind, at not receiving an explicit answer; Mr. Footner was in such a situation, that he might easily have escaped; he furnished me with pen, ink, and paper, and was very willing to do all in his power to assist me.

Cross-examined by Mr. Serjeant Shepherd. Q. I understand you now to say, that you asked whether the pistol went off in the act of scuffling? - A. I asked Mr. Yates if he had had any previous quarrel with Mr. Sellers, or, at the time, were you in the act of scuffling, that the pistol went off.

Q. Is that the conversation you stated, when you were first examined? - A. I am sure of it.

Q. Recollect yourself, upon your oath, did you say one word about the act of scuffling, or the pistol going off? - A. Upon my oath I did.

Q. Did you not say whether the pistol went off in a bustle? - A. Bustling and scuffling, I think, in my small capacity, refers to the same thing.

Q. Did you state the word act, at the time you were examined? - A. I asked him this simple question, whether he was in any act-yes, I did use the word act.

Q. Did you read your examination before you signed it? - A. It was read to me.

Q. Had you an opportunity of seeing it? - A. No.

Q. Will you swear that there was any thing read to you about the act of scuffling, or bustling? - A. Yes.

Q. Did you say a word in that examination, about when the pistol went off? - A. When the accident happened, and whether the words were actually so or not, it was to the same purpose.

Q. Will you state to those gentlemen, that you stated one word to the Magistrates about pistols going off, either in the act of scuffling, or in the act of bustling? - A. The word pistol was not mentioned.

Q. Then, if I understand you, the question to Mr. Yates was this; whether there had been any previous quarrelling, or whether there was any act of bustling or scuffling at the time, but not when the pistol went off? - A. It was, whether at the time of the accident there was any act of scuffling or bustling; I must have meant to refer to the pistol, because there was no other accident which had happened; (produces the paper which he wrote at the time).

Q. This is not a minute of the conversation, but only the result of it? - A. It is the result of it.

Mr. Const. Q. You were never acquainted with any of these parties? - A. No, and I wish I had not seen them now; (the case of pistols produced)

Mr. GRAHAM called in again.

Examined by Mr. Raine. Q. After this catastrophe, you went to the house? - A. I did.

Q. Did you see any thing of the pistols? - A. I found one of them in the back parlour upon the side board, in a case, it was in consequence of some bullets that lay about, that induced me to look for any other fire-arms, and as soon as I cast my eye upon that box, I concluded it was a case of pistols, which it was, and a powder-horn, with some powder in it.

Q. You visited the deceased upon his death-bed? - A. I did.

Q. State to us any declarations he made, touching this transaction, while he was in that situation? - A. Upon my going into the room, I found him under the surgeon's hands in the act of dressing

him; when he saw me, he appeared much rejoiced, and held out his hand; Mr. Thomas was there, an assistant to Mr. Cruikshanks, I asked him, if the wound was mortal, he said, there were certainly at that time, some favourable symptoms; I asked him if it would be proper to speak to him upon the subject; he said, it would be improper; I sat down by him, and took him by the hand, and he mentioned the name of some of the persons, and I stopped him; I told him that his situation required him to dispose his thoughts in a very different manner; I wished him to say, that from his foul he forgave them; but I thought, in his situation, it was not proper, fearing he might not be, at that moment, so disposed; I asked him, in as simple a way as possible, if he had made a will; he desired me to make one for him; I went up stairs, and wrote a will; I read it over to him; Mr. Thomas read it, and signed it; Mr. Thomas witnessed it, and I believe that was all that passed.(The learned Judge recommended it to the Counsel for the prosecution, to call all the persons who were upon the back of the bill, in order to give the Counsel for the prisoners an opportunity of cross-examining them, which was agreed to.)

HENRY CLAPTON sworn.

Examined by Mr. Const. Q. You were at Pimlico the 22d of August, and saw Mr. Yates? - A. Yes.

Q. Were you there alone with him, or any body else? - A. I had Mr. Sellers in custody.

Cross-examined by Mr. Fielding. Q. When Mr. Sellers approached this unfortunate gentleman, he was in the act of kneeling down to the deceased, and asked him to forgive him? - A. Yes; and Mr. Yates immediately said, that was the man that shot him; he answered, I did not go to do it; I did not pull the trigger.

Q. Who else was present? - A. I believe Dr. Brown was the nearest person; but I don't think any person paid attention to it but me.

WILLIAM CRUIKSHANKS sworn.

Examined by Mr. Const. Q. You attended the deceased? - A. Yes.

Q. Do you believe the wound was the cause of his death? - A. Yes.

Cross-examined by Mr. Fielding. Q. Tell us the nature of the wound where the ball had entered, and what part of the body? - A. The ball went through his hat, through his cravat, in at his breast, into the belly, and out at his back, so that it must have gone through his liver.

Q. So that the pistol must have been in a slant direction? - A. Most certainly.

Court. Q. In what direction do you suppose the pistol went off? - A. He must have stood on one side at the time.

Q. Had you any conversation with Mr. Yates as to the attitude in which he was? - A. I went down stairs and examined the window, and the people in the house told me the situation of the window.

Q. Did you hear Mr. Yates himself describe the situation in which he had placed himself when he was wounded? - A. No.

- THOMAS sworn.

Examined by Mr. Const. Q. You are assistant to Mr. Cruikshanks? - A. Yes.

Q. You staid with Mr. Yates during the greater part of his life after the wound? - A. Yes.

Q. Was the wound the cause of his death? - A. Yes.

Cross-examined by Mr. Fielding. Q. You attended this unhappy gentleman till near his death? - A. Yes.

Q. And had some conversation with him? - A. I found he had received wounds in his Majesty's service, and he pointed them out to me.

Q. You had an opportunity of making much observation; I want to know whether you can inform my Lord and the Gentlemen of the Jury, from the opportunity you had, every thing you heard him say, and the manner in which he deported himself; all the observations put together, you are able to come to any result of his opinion upon the case? - A. I can only say, that if I had been in his situation, I think I should have expressed more animosity; he told me, frequently, that Mr. Sellers was the person that had shot him.

Q. Did he himself say any thing of his opinion of Miss Jones being accessary? - A. No.

Q. What opinion did you form? - A. I only formed an opinion from my own disposition.

JAGGER called in again.

Jury. Q. How nigh is the wall at the back kitchen window? - A. I suppose, about three feet, or a little better.

SELLERS's defence.

My Lords and Gentlemen of the Jury, however distressed my mind must have been, and ever will be, upon this unfortunate occasion, yet I owe it a duty to myself, to God, to Mr. Yates, and to my unfortunate friends, to relate truly the circumstances that occurred during my stay at this house. On the 14th of August, going up Hatton-Garden, I was over taken by Mr. Beard and Mr. Biggs, who told me, that they wanted me to take possession of a lady's house, to protect her from the insults of a gentleman, who had illegally got possession of her premisses; I objected, and said, I was engaged in a business of consequence, in Oxford-street; that was over-ruled, and I consented to meet them at a tavern, near Buckingham-gate; they told me I was also to send for Mrs. Sellers, that Miss Jones was a lady of respectability, and her character was not to be blasted by a man remaining in her house alone; when I got to Oxford-street, I called to a boy to go with me, and at six o'clock, Mr. Beard and Mr. Biggs came to me at this

public-house; they told me I must then go with them, and I took the boy with me; the boy remained in the passage; I was soon after introduced to Miss Jones in the drawing-room; she said, she had been very ill used by Mr. Yates, that he had taken a poker, and threatened to knock her down several times; she gave me the key, and an inventory of the goods; Mr. Biggs then said,"you are now in complete possession of this house, I hope you will not suffer Miss Jones to be ill treated, in any way, by Mr. Yates, or suffer him to make use of bad language to her;" I told him, I would certainly do all in my power to protect Miss Jones from any violence or insult that might be put upon her; Mr. Biggs, Mr. Beard, and Miss Jones drank tea together; and soon after tea, Mr. Biggs went down stairs; I went with him to the door, and I told him I did not exactly understand what he was upon; I asked, "if the will of Mr. Yates was made in favour of Miss Jones;" he said, it is a good will, as good as if I had made it myself, and I think you will not do your duty if you don't get him out, by shutting the doors when you get an opportunity of Mr. and Mrs. Yates both being out; this was on the Wednesday evening; when Mrs. Sellers came back with the boy that I sent to fetch her, Mr. Beard stopped that evening till Mrs. Sellers came, and that evening Mrs. Sellers slept with Miss Jones, and I slept in the drawing-room upon a sofa, son Mr. Yates had got possession of most of the beds in the house; I was given to understand, that Mr. Yates was a very violent man; but not being willing to breed a disturbance, I thought proper to tell him in the morning, my authority, and for what reason I came there; I heard him enquiring for the brush, I took one to him; I told him, I had found it in Miss Jones's room; he thanked me for it, and no further conversation ensued; some time after, Miss Jones informed me, that Mr. Yates had taken a bed out of her room, and put into his own room; very soon after, I heard Mr. Yates come up in a violent rage, and a boy after him; I desired him to let me speak to him before he used any violence; he said, "who are you, you have no business here?" says I, "I am here by the authority of Miss Jones, I dare say, I can satisfy you as to that, and every thing that is in my power to make things agreeable shall be done;" he replied to me, with foul language, and ordered the boy to break open the lock; I begged he would not; Miss Jones, at that time, put the key into her bed-chamber; he forced in, and began to be very violent; he shoved her down upon the bed; I begged her not to be alarmed, not to use any force to prevent the bed being taken away, only to leave it to me; he called her a number of names, whore, drunkard, strumpet, and that he would be revenged of her; I told him, it was unmanly to insult a woman in that way, and I would not suffer it any longer; I told him I would do any thing, if he would be but peaceable, and I dare say, Miss Jones would be the same; but he kept abusing her for near a quarter of an hour; but with what I said to him, he said, as I see you wish to be peaceable, I will drink with you, or do any thing else; I told him, I would drink with him, and should be very happy to remain in the house with him as friends; he then said, if that is the case, I have no animosity against you; we went down stairs, and I told him he must not put upon the ladies, nor take any thing they said as an affront; I was sure she did not mean to affront him. When I ressected upon the situation I was in, and his violence, I thought I was not safe, nor Miss Jones, unless I had the means of defending myself. Mr. Beard came that evening, and I told him I could not positively stay in the house unless he would send something to defend ourselves with; he promised he would, and the next day he brought arms to me, but previous to the arms being brought I thought it best to see Mr. Yates in the morning; I saw him walking in the garden; I went and told him I was extremely sorry he should be guilty of the ill conduct the night before. I offered him my hand, and begged of him not to make any more disturbance; he promised he would not; he said, he wanted a great number of things to make Mrs. Yates comfortable in the house, who was at that time ill; says he, "as for myself, I would remain in the garret, or any where, rather than make a disturbance with you." During this conversation he said he wanted sheets, blankets, and many other things; I told him, if he would only name them upon paper, and not take things slily as he had done, I would send to my own house for every thing he wanted; he replied he was very much obliged to me, and we were very friendly, and he said he would remain so as long as I staid in that house. On the Saturday I heard a grumbling up stairs, but he did not come down; on the Sunday he was swearing he would be damned if he would not have something; I enquired of the maid, and found it was a tea-board that Miss Jones had at breakfast; he took no further notice till twelve o'clock on Sunday, while I was playing with my little boy and talking to him in the garden, without the smallest animosity between us, as I could not possibly have any against him. We then heard that he was to have a large party the following day; Miss Jones said, for God's sake, if that is the case we must not be turned out of the house, and begged the door to be kept close, and that any person might go out but I thought it proper that nobody should come in. I told Mr. Footner, who had called accidentally, that if he would call the next day, not as it was stated that he was there all day on Sunday, for he dined in Oxford-street on the Sunday, and came late in the afternoon. Miss Jones said to Mr. Footner, be so good as stay here till Mr. Biggs and Mr. Beard come in the morning; and I was very anxious he should remain there till that time; he consented; he went home to Oxford-street; he went early enough to go through the Park; he did go through the Park, and got the keys of the two shops in Oxford-street. On the Monday morning Mr. Yates came to me in a great passion, for keeping the door locked; I told him he might go out if he pleased; he said he would bring an action against me; says he, "I want the girl to go out;" says Miss Jones "pray let the girl go out;" I had placed the key in the cupboard in the parlour; it was a heavy key, that I did not chuse to carry about in my pocket, and she went and fetched it, and I let the girl out; Miss Jones begged I would not let any strangers in, if the girl came to let her in; upon opening the door when the girl came back, I saw a man with her, whom I took to be a smith; I told her she must not come in unless she came alone; Mr. Yates came to me and knocked me down, and in the scuffle I threw the key along the passage towards MissJones; and he quitted me to go to Miss Jones, and sell upon her; he told me I was a rascal, a villain, and he would knock my liver out; I told him it was not a question of mine, it was a question of law entirely; for God's sake don't sight with me, but let the lawyers sight it out; he went into the room and called Miss Jones a whore, a strumpet, a prostitute, and that we were as bad, to come into that house to defend a common prostitute: I told him I would not offend him in any way in the world; Green came in, I told him on behalf of Miss Jones not to take the lock off her door: Mr. Yates said,"take it off;" I did not attempt to make use of any violence, I thought my duty led me to take notice of the transactions only that occurred in the house, and not use any violence; the lock was taken off, and he went away; I was very much alarmed, and sent Mrs. Sellers to Mr. Biggs and Mr. Beard, and begged they would come to me, for I would not upon any account stay and bear this usage; I told her to tell the coachman to drive fast; I asked the smith his name, and if he had altered the lock at all in any way."I have not (says he) altered one single ward;" says I, only recollect what has passed, because the circumstance requires investigation. Mr. Yates at that time was sitting upon the table; we were very friendly; then says he."I never saw a house so well fastened in my life;" I said it was very well fastened; Mr. Yates went to the back door, he never did go into the garden; he sat down at the back door, and it was observed to me that that was a good opportunity in following the instructions of Mr. Beard and Mr. Biggs, to shut Mr. Yates out, and Mrs. Yates had never been out till the afternoon; I thought it right to keep him till the attornies came, which I expected could not be long, and I thought that was right, I shut the door myself: Mr. Footner was in the passage, he was not at the door at all; the further door had been previously fastened. I went into the parlour, thinking to fasten the back parlour; I heard a noise below, and fearful of the consequences that might happen to myself, I threw down the case of pistols upon the slab, took one out, and upon the impulse of the moment ran-instantly down stairs without any consulation, and with no other intention in the world but to intimidate Mr. Yates; I had no idea of his forcing his way; I put my hand towards him, "Pray don't come in, you must not come in;" not my right hand, but my left, as the pistol was in my right; he drew it immediately down, and with his doing that the pistol went off, and I did not conceive from the position of the pistol being slanting, that he was wounded; I said he was not hart, because I did not believe he could be hurt till I saw him lying in the garden. I threw the pistol down, and went to the door, and cried for God's sake send for an officer, and let me be taken before a Magistrate.

I immediately surrendered myself to Jagger; I was drawn into the garden, taken to Mr. Yates, but the moment I saw him I thought it my duty as a man of honour, to ask his forgiveness for the accident that happened; I went on my knee and said, "Mr. Yates, forgive me for the accident;" he said, "You are the person that shot me:" I begged to be removed, and a very genteel man said, it was very improper for him to remain here, take him on one side. A gentleman came up, I believe, Mr. Brown the surgeon; a pure principle of humanity, and knowing that it was necessary he should know what the pistol was loaded with, I told him one ball, because, I thought it better than for him to die mangled for want of a knowledge of what it was loaded with. I begged of the constable to take every thing out of my pocket, there were some things that did relate to this transaction, and others that did not; many people came asking me questions, I said, to Mr. Footner, this is not a place for the investigation of this charge, I said, let us go before the Magistrate, that we may be examined properly; and no man could suppose I should shoot a man I was in the habits of intimate friendship with. Upon the first examination before the Magistrates, the accounts were mutilated, which occasioned the public voice of the people to be much against me; upon the second examination, there was nothing said; and, upon the third, I believe, there was a little change in my favour. I do solemnly declare, upon my oath, and honour, I never had any intention to injure Mr. Yates in any manner whatever.

Miss JONES'S defence.

My Lord, and Gentlemen of the Jury. I hope you will make some allowance for the agitation and distress of my mind, when nothing but a consciousness of my entire innocence could enable me at all to address you. I was introduced to the late Mr. Richard Yates in 1789, through Doctor Pitcairn; Mr. Yates engaged me to perform at his Theatre at Birmingham; Mr. Richard Yates told me, he had great reason to be displeased with the conduct of his nephew, and that of his sister; that he had meant to leave his fortune to the Theatrical Fund. Sometime after, Mr. Yates invited me to come into his family, that if I would consent to do that, he would consider me as his daughter, and after his intention of leaving it to the Fund. I consulted my friends upon Mr. Yates's offer; I went to his house soon after, I went to Birmingham at the beginning of the season, I went to the house of Mr. Thomas Yates. Soon after his return, Mr. Thomas Yates gave him some fresh cause of offence, and forbid him to enter his house; and from that time to the time of his death, he never did enter the house but once, and then he refused to see him. On the death of Mr. Yates, the 20th of last April, I wrote to an intimate friend of Mr. Yates, to ask his advice; he wrote to me he could not come to me himself, and sent me Mr. Ward, an attorney; Mr. Thomas Yates was at Bath; I sent to him that he might be at the inspection of his uncle's papers: Mr. Ward attended, and the papers were opened in his presence by Mr. Ward, Mr. Hollier, and Mr. Yates, a stationer; they were then sealed up by Mr. Ward, and superscribed by all the parties present. Mr. Ward, after he had sealed them up, gave them to me, and returned all the keys, and gave them to me. They all staid and dined with me; and, in the evening, Mr. Thomas Yates asked me if I would oblige him with a bed in the house, as he had no lodging in town; I excused myself for that night, and told him he should have one the next night; but before that night, it was settled I should have the ordering of the funeral; and Mr. Ward said, "he hoped we should not come into a Court, but hoped it would be settled by the interposition of friends." Mr. Ward promised he would see me the next day, and gave me all the advice in his power; he advised me to do nothing

in it till after the funeral. I heard soon after that Mr. Yates was very busy, and had employed a proctor; upon which I sent copies of the testamentary papers to him, and sent for Mr. Ward. Doctor Pitcairn saw me the same day I wrote to him; Mr. Ward took no notice of my application; Doctor Pitcairn said, "he thought the papers amounted to a will in my favour." The next day I received a letter from Doctor Pitcairn, that he had seen Mr. Beard, a Proctor. who was of opinion they amounted to a will in my favour, and wished to see the originals; I went to him with the papers; he told me he believed it was a very good will, and Dr. Lawrence told me the same, that they were; I was certain I was safe as to the possession of the property. The very day after, Mr. Graham, a friend of Mr. Yates, called upon me, and desired to know if I was inclined to accommodate the business; I told him, I could give no answer without consulting my friends, that I had given the original papers to a Proctor; he told me he did not come there to entrap me, that he was not a professional man, that he was a friend to Mr. Yates; but if he thought Mr. Yates was to act in any way dishonourable, he would discard him; that Mr. Yates had taken no step but by his advice; he asked who was my Proctor, I told him Mr. Beard; he said that was a very respectable name. Mr. Yates came to live with me the 28th of June, he lived entirely at my expence; on the 28th of June he went to Bristol; on the 2d of August he came back again without any notice, he apologized for not having written, by saying, he was not certain he should have come till the instant he did; I received him again in the same manner on the 30th of August; he asked me again if I was willing to compromise it; I said I could not say any thing, but by consulting my friends. On Sunday the 14th I saw Dr. Pitcairn, and I told him the conversation I had had with Mr. Yates, and he told me that he thought to save me any further trouble, I had better compromise it; I asked him how much he though it would be prudent for me to give up; I told him I believed there might be 9,000l. in the whole; he said I might give up 1,000l. if I thought proper; I told him I would voluntarily give as much to Mr. Yates and his sister-I never had an opportunity of conversing with Mr. Yates upon this. On the Sunday night he came home very late, and the same on Monday and Tuesday; on Tuesday about half past six in the evening I went down stairs into the kitchen, and saw the maid employed in making gruel, and things of that kind; I asked who was just come into the house, and I was told Mr. Yates; I desired her to ask him if he would have any tea, I was just going to have some; I sat till near seven, and he did not come; I called the maid and asked her what part of the house he was in, she said in the front parlour; I suspected he had some design of bringing somebody else into the house about eight o'clock. I saw a coach come to the door; Mr. Yates immediately rushed to the door, and helped two women out of the coach, and the coachman brought some trunks into house; I did not go down stairs as I did not chuse to have any words with him; the maid came up and told me Mrs. Yates was come, and desired I would let her have sheets for the white bed; I said, "I know nothing of Mrs. Yates;" that was all I said: He came up in a very threatening manner, and asked me why I did not let her have sheets; I said, I should not let her have any; he took up the poker and said, I had no right in the house, and it was his charity that made him let me stay there so long; he made use of very indecent abusive language; I told him I would neither let him have the linen nor the keys; he clinched his fist, and asked me once more if I would give him the keys; I told him I would not; he went away threatening to be revenged. I had said to Mr. Yates I expected some friends should come to me; he sneered, and said, he would take care no friends of mine should come there. There was a knock at the door, a young man asked for me, and I begged him to come up-it was a young man sent from the linen-draper that had a dress of mine, which he wanted to take back for alteration, I told him I could not do it. I forgot to observe that Mr. Yates went up stairs after I had locked myself into the drawing-room; he went up the second floor, and broke the door to pieces. I desired the young man to go to Mr. Hollier's to sent somebody to me: as soon as he was gone, I heard somebody knock at the door; I looked out at the window, and found it was Mr. Beard-I related to him what was the matter, he said he would speak to Mr. Yates, and he went down and spoke to Mr. Yates; Mr. Yates was in a violent passion; I said if they were once outside the door again, they should never come there again. Mrs. Yates said, they did not intend ever to go outside the door again, that the house was their's, and a great deal of abusive language both from Mr. and Mrs. Yates. While Mr. Beard was with me a person came to me from Mr. Hollier, in consequence of the message I had sent; he said, he had left the maid servant only in care of the shop, but as soon as his master came home, he should either come himself or send his master to me. Mr. Yates threatened that the next day I should be turned out of the house. The next day, I did not leave my own room till very late, I rung the bell, and Mary Thompson brought me my breakfast, Russel attended upon Mrs. Yates; about four o'clock, Mr. Beard and Mr. Biggs came, Beard introduced him as an attorney; I told Mr. Biggs every particular circumstance of Mr. Yates's behaviour; he was in some doubt whether I should not immediately swear my life against him, at the same time, that it was absolutely necessary to have some person in the house to protect me; he told me he knew a worthy man, he believed, unengaged, a married man, who would come to me; they went away, and promised to be back again to me, and soon after introduced Mr. Sellers; about nine o'clock Mr. Sellers came, we all supped together in the back parlour, and Mary Thompson attended upon us; though she says she never saw Mr. Sellers till Thursday night; Mr. Sellers slept with me on the Wednesday night, and Mr. Sellers upon the sofa in the drawing-room; and on Thursday afternoon, about two o'clock, Mr. and Mrs. Yates came down, for the first time, into the front parlour; about ten o'clock, and knowing that a bed lay there that they had taken from me, I thought to get it while they were out, for Mr. Yates had got three beds; I went up stairs and unlocked the door, for I had a key of the room, I unlocked the door, and asked Mr. Sellers to take it out of the room, nobody was present, the bed was taken out and the door locked again; towards seven o'clock in the evening Mr. Yates had a great many peoplewith him, somebody knocked at the door, I looked out, and it was a smith, Mr. Yates desired him to go up stairs and break open my bed-room door; Mr. Yates came up, and then he pushed me, and came with such force upon me as to throw me down, and then began to get the bed out.

Mr. Yates dragged the bed out of the room, and threw it into the passage; Mary Thompson took it into another room; Mr. Yates made use of very abusive language, he would break open every lock in the house, and turn me out; he desired the smith to go and fasten up the next room; he came down stairs the next morning about eight o'clock. Mr. Beard came and drank tea with us, and I was extremely ill with the agitation of my mind during the scene of the bed, I was not able to attend to what passed; but Mr. Sellers requested Mr. Beard for some means of defence. The next day between two and three, I went into the drawing-room, and saw Mr. Beard and Mr. Sellers with a paper parcel; I asked what it was, and they opened it; they opened a case, and I said "good God, what are those, pistols! and Mr. Beard said, "yes;" Mr. Sellers thinks it necessary he should have pistols; I immediately said, rather than any thing of that sort should be necessary I would leave the house; Mr. Sellers said you must not by any means leave the house; Mr. Beard and Mr. Higgs desire them to keep those things out of sight, that they only brought them in case of the greatest necessity; Mr. Sellers asked if the pistols were loaded, and he said, no; they were put under the table, and remained there till saturday morning; when Mr. Sellers brought them down and put them upon a shaving stand, Mrs. Sellers laid hold of them, and I begged she would not touch them, and they were put away again; from that time I never saw them, nor knew where they were; after Saturday morning I never saw them after; Mr. Sellers took the case of pistols up I never saw them; there was nothing very material passed on Saturday or Sunday; I saw Mr. Yates and Mr. Sellers conversing together very familiarly from the garden to the back parlour window; I heard them talking together in a very friendly manner; nothing very materially passed on Saturday or Sunday. On Monday morning I heard Mr. Yates threatening with violent oaths, he wanted something. I could not understand what; as soon as I had left the room in coming down stairs, I asked Mr. Sellers if Mr. Yates had been asking for any thing; he said he did not know what it could be, unless it was a tea-board; we heard no more of it. I forgot on Sunday night Mrs. Sellers informed me that Fanny Batton had heard that they intended to bring a number of persons on Monday to turn us out by force; and Mr. Sellers said, "Footner, you may as well stay with us, if you have nothing particular to do at home, and you may be useful if Mr. Yates should be violent before our friends come," which was to be at twelve o'clock; he said he must go home, because he had some keys in his pocket that would be wanted; he went to carry home the keys and returned about ten o'clock and supped with us, and slept upon the sofa that night. Mr. Sellers and I observed, that in order to prevent Mr. Yates introducing these people to turn us out by violence, that it would be the best way to keep the street-door locked till our friends came about one o'clock; Mr. and Mrs. Yates came down stairs, and soon after Mary Thompson wanted to go out, and she were and told Mr. Yates the door was locked; Mr. Yates came, and asked Mr. Sellers the reason of it; he said it was by my desire; Mr. Yates insisted upon its being immediately opened; I desired Mr. Sellers to let her out, and if she came to the door to let her in, but not any stranger; soon after the girl came to the door; he opened the door, but seeing a smith with her, he would not let her in; the smith then got in at the parlour window. Mr. Yates came in and seized Mr. Sellers with great violence, and struck him, and springing from Mr. Sellers, caught hold of me; Mr. Sellers, standing by the wall, stepped between, and gave me time to get into the back parlour, where I again locked up the key. In the mean time, the smith came in at the parlour window; Mr. Yates ordered him to take the lock off; Mr. Sellers said, "at your peril, take it off;" Mr. Yates insisted upon his taking it off, he did take it off, and then I heard Mr. Sellers say to the smith, "be so good as tell me your name;" I looked out at the back parlour door, and said," I know Mr. Green very well, you need not ask his name;" as the lock was off, Mrs. Yates went out in a coach, and I heard Mr. Yates say, "bring them with you as soon as possible;" we supposed it was the people that we understood were to come and turn us out; Mr. sellers sent a note by Mrs. Sellers, to Mr. Beard, to come either himself or Mr. Biggs; soon after, I believe, Mr. Yates dined in the front parlour; we were in that state of mind, that we did not think any thing about dinner; after dinner, Mr. Yates went to the back garden, and I saw him from my window; when I returned into the back parlour, where Mr. Sellers, and Mr. Footner were, they said to me, we are thinking, if Mr. Yates's friends come in first, what we shall do; I wish Mr. Yates would go near the door, I said, I would venture to shut the door upon him; I said, he is now near the garden door, will it be the same thing if you shut him out, there; he said, "that was a very good thought, we can keep him there till somebody comes to our assistance;" about five o'clock I went down stairs into the back kitchen to get some water for a little dog I had; Mary Thompson and Fanny Batten were sitting there, Mary Thompson asked me, if I wanted my maid; I made her no answer; a little after, I went down again; Mr. Sellers asked me, if the door below that led into the garden was fastened, for if he should attempt to go again into the garden, he would again endeavour to shut him out; I went down and bolted the door; Mr. Yates, I believe, was in the hall; some little time after, Mr. Yates went again towards the back door, and Mr. Sellers went to walk in the hall; in about five minutes, I heard the back door shut with great violence, and he cried out," I believe I have shut him out;" I ran up stairs to be out of the way, and I ran into the front parlour; I had not been there two minutes before I heard Mary Thompson at the window, crying murder, and saying, Mr. Yates was shut.

Court. Q. Give me an account how came you down again? - Miss Jones. I am up stairs beyond the drawing-room, which is upon the first floor; I did not go into any room; I thought I should be safer in the front parlour, and I instantly ran down into the front parlour; and I had not been there two minutes, not much less, before I heard Mary Thompson crying murder, that Mr. Yates was shot; I did not think it was so, because I had no apprehension that there was a loaded pistol in

the house, much less that Mr. Sellers meant to take one; I thought she was only frightened at hearing the scuffle in the yard, and supposed that some mischief had happened; I thought her fright had made her say what was not true. I went out of the front parlour into the hall towards the back parlour, and was met by Mr. Footner; I told him the girl was crying murder in the yard; Mr. Footner took hold of my hand and said,"don't be alarmed, but I am afraid Mr. Yates is shot;" I was very much surprized, having no idea that any pistol was meant to be used; I went into the back parlour; I said, "if so, I shall never be happy again as long as I live;" I asked him how he came to suppose he was shot; he said, because he heard the report of a pistol; I said I thought we had better open the door and let the people in, but we thought it might be a trick to get Mr. Yates into the house again; I never saw Mr. Yates in the garden; but as soon as I found he was really wounded, I asked every person to go for a surgeon; I asked every person that came into the house if they were surgeons, and I am sure every person there must have witnessed my distress. I remember some person, I cannot tell who, saying, Madam, are you a party concerned? I said, unfortunately I am too much concerned; I meant I was not an indifferent spectator of what had happened, not that I was concerned in the death of Mr. Yates; I meant to say, I belonged to the house, for there was such a number of people in the house, they did not know whether I was a stranger or belonged to the house. I believe I have nothing more to say, my Lord, that is material. I am perfectly innocent of this shocking transaction, and I believe there is no person more concerned at it than myself; I would have willingly given up every part of the disputed property to have preserved Mr. Yates's life; I was totally ignorant of it, and no ways consenting to it.

Mr. FOOTNER'S defence.

My Lord, and Gentlemen of the Jury, I have known Mr. Sellers two years, we have lived together about that time; Mr. Sellers called upon me the Saturday before this misfortune, and asked me if I would come and dine with him on Sunday; I told him, no, it was out of my power; that I should dine at home, but after dinner I would certainly come down and take a glass of wine with him. I went down on the Sunday to Stafford-row; I knocked at the door, and Mary Thompson let me in; I asked for Mr. Sellers, and was introduced to Miss Jones; Mr. Sellers related to me the circumstance that had happened concerning the bed; I told him I was extremely sorry to hear it; I stopped there and drank tea; when we were at tea, Mary Thompson informed Fanny Batten that Mr. Yates was going to have a quantity of men in the house in the morning; Fanny Batton related it to Mrs. Sellers, and I believe Mrs. Sellers to Miss Jones; Miss Jones, Mr. and Mrs. Sellers, seemed very much alarmed on account of it; Miss Jones, Mr. and Mrs. Sellers, asked me if I would stop there one night; I told them if I could be the least service in the world to them I would, but I must first go home and deliver some keys I had about me, that they would be wanted that night; I went home, delivered the keys, informing them I should not sleep at home that night, but should return as early as possible in the morning I delivered the keys and returned back to her house to supper; after supper, I retired upon the sofa the whole of the night; in the morning, Miss Jones, Mr. and Mrs. Sellers, seemed still much alarmed at these men coming into the house; Miss Jones had spoken to Mr. Sellers, I understood, about having the front door fastened, and thought it very necessary; the front door was locked; about one o'clock Mr. Yates came down stairs, and found the door fast, he was in a very great passion, and sent for a smith; Miss Jones gave the key to Mr. Sellers to let the girl out; in a short time, she returned with a smith, and knocked at the door; Mr. Sellers opening, and saw it was a stranger, and he immediately closed the door against him; Mr. Yates, I believe, came out of the front parlour, and seeing Mr. Sellers close the door, immediately fell upon him, and endeavouring to wrest the key from him, threw him down; Mr. Sellers, by some means, threw the key under him, and Miss Jones picked it up; the moment Mr. Yates saw the key thrown away, he let go Mr. Sellers, and endeavoured to get hold of Miss Jones; I immediately seeing his rage, stepped in between them, and was the occasion of his not doing her an injury; after that, I understood that Miss Jones had intimated to Mr. Sellers, that if Mr. Yates went out, he would shut the door against him; Mrs. Yates being out of the house at the time, Mr. Yates was gone down the garden; I was then in the passage, not far from Mr. Yates; after the door was shut, I went towards the front door, and I returned a few minutes afterwards; walking in the back parlour, I heard the report of a pistol, but whence it came I could not tell; I returned towards the front door, and saw Miss Jones, she said to me, for God's sake, what is the matter; I told her, I did not know what was the matter, but I believed some unfortunate circumstance had occurred; I told her afterwards, I thought Mr. Yates was shot; she replied, if it was so, she should never be happy as long as she lived. As I was walking up and down the passage, I remember a gentleman coming and informing me a gentleman wanted to speak to me in the garden; I told him I would go immediately with him, and I found it was Mr. Yates, they wanted to bring me before him, thinking I might be concerned in this unfortunate accident; the person asked if that was the person that was in the house at the time, Mr. Yates replied, "yes, it was; how came you here," says he, in a very great passion, I thought he spoke it in, says I, (I did not know what I said at the time, I was so much distressed), I said, I was sent here, and I am sorry I ever came.

For the Prisoners.

Doctor PITCAIRN sworn.

Examined by Mr. Serjeant Shepherd. I have known Miss Jones for a great many years, my knowledge of Miss Jones commenced a great many years ago; she came to my house with an elder sister who was a patient of mine, under a complaint she had a number of years.

Q. You told us you knew Miss Jones a great many years before she was intreduced to Mr. Yates? - A. Yes.

Q. Did she appear to you to be a young woman of good conduct and character? - A. She did, from all her conduct and conversation, appear to be a young woman of good character; I saw her with her sister once in three or four months.

Q. Did you attend Mr. Yates in his last illness? - A. I did.

Q. After his death, did Miss Jones make any application, respecting any will and testament, to ask what she should do? - A. She did; she inclosed the will to me; I recommended Mr. Board to Miss Jones; he knew nothing of her, nor she of him before.

Q. Did you never see Mr. Thomas Yates the deceased? - A. I never did.

JOHN BEARD sworn.

Examined by Mr. Fielding. Q. You were introduced to Miss Jones, as a Proctor, by Doctor Pitcairn? - A. I was.

Q. Did you, in consequence, become possessed of the testamentary papers that were to be produced in your Court? - A. Yes, I did; having had a copy from Doctor Pitcairn on the 2d of May; I had the original from Miss Jones.

Q. Was that the first time you saw her? - A. Yes; she came to me to the office.

Q. Have you got those testamentary papers? - A. I believe they are in Court.

Mr. Justice Rooke. They are of consequence here.

Q. Were you introduced to Miss Jones at her house? - A. Yes.

Q. When was the first time you saw Mr. Thomas Yates there? - A. I believe, on the 8th of May; I attended, by the desire of Miss Jones, with Mr. Bush and Mr. Graham, to inspect a paper, and we were five hours in the examination of the papers.

Q. We have understood, that you, being a Proctor, and Mr. Biggs, an Attorney, recommended Mr. Sellers as a person to protect the property of Miss Jones? - A. Certainly; on the 16th day of August, I went in the evening to see Miss Jones, in consequence of some witnesses that were necessary to be examined; it was, I believe, near eight o'clock, or half after, and she was at the window; immediately as I knocked, she came and opened the door; I then observed that she was in a very great distress and agitation of spirits; I said to her, "Good God, what are you so alarmed about?" she replied," Mr. Yates has brought his family into the house."

Q. Did you find what Miss Jones said, about Mr. Yates's family being come to the house, was true? - A. I did; I desired Miss Jones to go up stairs, she did; she sat down, and I thought she would have sainted away. I desired her to compose herself, and tell me what had happened; she told me, Mr. Yates had brought his family into the house; he came up stairs with great violence, and demanded the white bed; on her refusal, he threatened her with a poker, and held up his fist.

Q. Let me intreat of you not to say any thing of what Miss Jones said to you; but in consequence of the impression made on your mind, what did you do? - A. I told her I would go down stairs and speak to Mr. Yates.

Q. Did you recommend Mr. Sellers? - A. I spoke to Mr. Yates personally upon it first; I said, Mr. Yates, what is the meaning of all this violence? Mr. Yates, in great wrath, came out to me in the passage, and used personal abuse, both to me and Miss Jones.

Q. In consequence of that, did you think it necessary to put any body in the house? - A. I certainly thought it my duty. I told Miss Jones, it was necessary that some body should be put in to protect her, and her property, from violence, that the next morning I would apply to an attorney for the purpose. I made an application to Mr. Graham, for the purpose of apprizing him of the proceeding; I was told he was out of town; I called on Mr. Biggs, a friend of mine, he went with me to Miss Jones, and she told him the circumstance; I went with Mr. Biggs to Oxford-road, to call on Mr. Sellers, where he was, he was not in the way; on our return, Mr. Biggs saw him, he got out of the coach, and stopped him, and desired him to come, and bring his family; Mr. Sellers went in the evening and met Mr. Biggs and myself, that was on the Wednesday; previous to that, I had sent a message to request to speak to Mr. Yates; he sent answer, he would not speak to me till he had his Counsel. We had an interview with Mr. Yates, a great deal passed as to the proceedings of Mr. Yates; I mentioned I had been his friend, and saved him 500l. he replied very violently to me, and likewise to Mr. Biggs; I asked him why he had not apprized Miss Jones of his intention to bring his family? he said, "Yes, if he had, she would have taken care to prevent it."

Q. Upon the whole, did his behaviour appear placid, or violent? - A. Very violent.

Q. Did you leave Mr. Sellers in possession on the Wednesday night? - A. We did.

Q. Did Miss Jones appear to be quieted from her alarm by the arrival of this gentleman? - A. Certainly she did, and I left Mr. Sellers in the house, and told him Miss Jones was a defenceless, unprotected woman, and I hoped he would not suffer her to be insulted; the key was presented to Mr. Sellers in the evening, to intimate he was in possession of the house; the key was delivered to Mr. Sellers; it was thought necessary to have an inventory; on the Thursday evening. I went, and was informed, that Mr. Yates had proceeded with great violence in the course of that day; I observed,

that both Mr. Sellers and Miss Jones, appeared very much agitated and terrified at their situations, particularly as Mr. Yates had threatened to bring in four or five people, and, by force, turn them out; Mr. Sellers then applied to me, and said, he could keep his possession, or do his duty, unless he had not some means to defend himself; that he was threatening to break open every lock in the house; on the Wednesday, when we parted, Mr. Yates agreed to refer every thing to me and Mr. Bush, his proctor; on the Monday, I was much pleased with the apparent prospect of settling the business, and he shook hands and seemed very much pleased with it, and Miss Jones was very much satisfied with it.

Q. Now go to the Thursday again, when Mr. Sellers expressed his uneasiness? - A. He said, he was not able to keep his possessions, and requested I would furnish him with weapons to defend himself; on Friday morning, I sent the unfortunate weapons, for which I can only say I am very sorry,(they are shewn to him); this was my case of pistols which I carried with me, and likewise a small hanger.

Court. Q. Were they loaded? - A. They were not loaded.

Mr. Fielding. Q. Who was there when you went to Miss Jones with the pistols? - A. Mr. Fuller, my clerk, went with me, when I gave them to Mr. Sellers.

Q. They were not loaded? - A. No; but the materials were all together as in every other case of pistols.

Q. To whom did you deliver the pistol and hanger? - A. They were put upon the table as for Mr. Sellers; I told him they were brought in consequence of their dread of their lives, for their personal protection.

Q. Was Miss Jones in the room at the time you delivered them? - A. Yes.

Q. Did Miss Jones know what they were? - A. Only from my mentioning what they were; my observation was, that I had brought them in consequence of his request for their personal protection, and if they insisted to break open the door, he should tell them he was prepared with fire-arms, and that he would fire through the door.

Q. As Miss Jones came to know, from your conversation, that they were pistols, what was her behaviour? - A. Very much alarmed, and with an exclamation, cried, "Good God, why should you bring them, I had rather go out of the house and give up the property;" I answered, you must not quit your possession.

Q. Do you recollect Mrs. Sellers arriving at your house and seeing you any time on the Monday, to apprize you of what was going on? - A. Clearly; it has been mentioned by one of the witnesses, that I was there on the Sunday; I was not there on the Sunday; on the Saturday; evening I called there, and went to Dr. Pitcairn to speak to him upon the business, and that was the last time I was at the house.

Q. At what time on Monday did Mrs. Sellers come to require you attendance on the spot? - A. I believe as near a quarter after three as could be; as soon as a coach could get from Pimlico to the office; in consequence of what had passed with Mr. Yates and myself, I had applied to Mr. Bush, to know if he had heard from Mr. Yates upon the subject, for I conceived on the Monday that we should have entered into an accommodation; Mr. Yates promised me he would apply to Mr. Bush for that purpose.

Q. When Mrs. Sellers came to you at this time, apprizing you that your presence was immediately wanted, what did you do? - A. This paper was brought to me from Mr. Sellers, in consequence of an information Mr. Sellers gave me that force was expected to be brought into the house, requested that Mr. Biggs and myself would come up immediately.

Q. How soon was it possible if you had set out immediately from your house to have gone to Mr. Yates's house at Pimlico, how long would it have taken you? - A. I could not go in less than three quarters of an hour; I then went to Mr. Bush with the paper, and shewed it him; I requested Mr. Bush to write to Mr. Yates upon the subject.

Q. In consequence of Mrs. Sellers being dispatched to you, and you had got the message, what did you do in order immediately to follow up the request of that note? - A. I went immediately to Mr. Graham's office in Hatton-garden; he was gone to his own house to dinner; I went immediately to Mr. Graham, and requested him to go with me immediately; Mr. Graham said he could not.

Q. Did you go? - A. No; I did not go myself, but sent the message by Mrs. Sellers.

Q. When did you hear first of the unfortunate accident? - A. Half past six as near as could be at my own house; one of my clerk's came and apprized me of it, and I went immediately to the office, where I found a person waiting from Pimlico; I went immediately to Mr. Graham, and acquainted him with the unfortunate circumstance; and Mr. Graham went in the coach for the purpose of going to Bow-street.

Q. You told Mr. Graham you were the unfortunate person who furnished these weapons? - A. Yes.

Q. From what you know did you believe it necessary? - A. I did; and I should have thought I had not done my duty if I had not sent them.

Cross-examined by Mr. Const. Q. You have told us you advised him in the line of your business as a proctor? - A. As an act of duty and prudence as I thought for the protection of persons lives; I don't call it advice proctorially, but I think any man of prudence would advise it.

Court. You acted very ignorantly, because you should have advised them to go to Bow-street, and you would have prevented the man's life having been taken away.

Q. At this time did not you know that Mrs. Yates was the only part of Mr. Yates's family? - A. No; only from having seen Mr. Yates.

Q. You knew Mrs. Yates was there? - A. Yes;

Q. When you furnished these arms, did you inform Mr. Yates that there were such things? - A. I did not certainly; for I did not see him after that; I did not see him after we had shook hands and parted friends.

Q. He was not apprized then that any such things were in the house? - A. Not by me of course.

Q. In your conversation with Mr. Yates, you said you might have put him to 500l. expence; did not you very the language a little, and say you would do so? - A. No; I said I had been more his friend than he was aware of, for I could have put him to 500l. expence on account of his denying his consanguinity.

Q. Nor he never complained of your making yourself a party in the business? - A. No, never.

Q. Monday was the day appointed for the lawyers to meet? - A. Yes; Monday was the day appointed for Mr. Biggs and myself to go.

Q. That was the day of this unfortunate affair? - A. Yes.

Q. You have told us you did not go? - A. Yes.

Q. Can you give us any motive why you did not go? - A. Because Mr. Biggs was not in town, and I had totally given up the business into Mr. Biggs's hands.

Q. Had you informed any person that that was the case, either Mr. Yates or Miss Jones, or any body else, that you did not mean to come? - A. No; I was very much engaged in the morning, and did not send.

EDWARD BIGGS sworn.

Examined by Mr. Fielding. I am an attorney, in Hatton-Garden; I was applied to by Mr. Beard, and on Wednesday preceding this unhappy business. Mr. Beard called upon me in the morning, and I went to Pimlico; I objected at first, however I did go, at two o'clock; he asked me first, if I could recommend any body, being conversant with persons who went into possession under bankruptcy; but, in going down, I rather recommended Mr. Beard to get a meeting of the friends of Mr. Yates.

Q. Did you, however, recommend and procure Mr. Sellers? - A. Yes; about three o'clock I saw Miss Jones, and she related to me the situation she was in, and the treatment she had received; I wished to see Mr. Yates, I asked if he was in the house, they said he was; I said, Mr. Beard, I think we had better send down to Mr. Yates to speak to him; a message was sent down, and his answer was, "that he had not his Counsellor with him, and could not see us without;" Mr. Graham was his Counsellor. I enquired what servants there were in the house, and I found she had only one servant, who was going away; and I said, I thought she had better have some creditable person and his wife, and I recollected Mr. Sellers, who I knew had been in possession for some creditor in Oxford-road for some time, and he was a married man; I mentioned a young child, and thought that would be an objection to his wife coming; she said she should like it better, her mind was so agitated, it would be some relief to her; Mr. Beard wanted to go before a Magistrate, but from the representation of Mr. Beard and Miss Jones, I doubted whether it was not a permissive possession, and thought the Magistrates would not interfere, and that, perhaps, Mr. Yates would come back with greater violence.

Q. Mr. Sellers was employed? - A. Yes; I went to his house in Oxford-road, he was not at home, and we met him accidentally as we went along in the coach; Mr. Sellers objected to go, as he was not discharged from Oxford-street.

Q. You recommended Mr. Sellers; have you known him any time? - A. Yes, seventeen or eighteen years; he has been unfortunate from exportations to America. As to his disposition, he is a remarkably mild man, I have seen his disposition tried much in disputed partnerships; he was always remarkably mild.

Q. Mr. Sellers, however, did agree to go? - A. Yes; and we were to meet that evening at Buckingham-gate; we returned to Miss Jones's, and I desired him to follow us, which he did, and he was introduced to Miss Jones, and I desired an inventory to be taken.

Q. Had you an opportunity then of seeing Mr. Yates personally? - A. Yes; we sent down to know if his friends were come; and shortly after, we saw Mr. Yates and Mr. Withey, Mr. Graham did not come; at first Mr. Yates was extremely vide it indeed, I think I never saw a man more so, for some time.

Q. How long did that continue? - A. For some time; and I endeavoured all I could to appease him, and so did Mr. Withey; I expostulated with him very much, I told him I understood very unpleasant things happened in the house; but, says I, I am

come here to see if I cannot do something to arrange this matter between you; I mentioned some papers being lost, I told him it would hurt him much in his cause, as he was in respectable hands; his reply was, "I will destroy what I please in this house;" he put his hand upon the table, and said, "Major domo I am, and major domo I will be;" Mr. Beard said, he had been a friend to him; and he said "Damn your friendship, I want none of it." Mr. Sellers talked of bringing his wife; and I said, it was the last place in the world that I should bring a wife to; I said, suppose Miss Jones gave security to the two Proctors to give up the property; Mr. Withey said, "I think that is an offer that you ought to accept;" he said "he would see his Proctor, and if he advised it, he would consider of it."

Q. Did you then say any thing to Mr. Sellers about what he might do? - A. I told Mr. Sellers, if there was any further riot, the first time he got Mr. and Mrs. Yates out, I would lock them out, and then they would go before a Magistrate, and the possession would be determined; I told them that that was what I would do myself.

Q. I don't know when you were upon the premises again? - A. Not till since the accident happened.

Q. Did you tell Mr. Yates he was a trespasser? - A. Mr. Withey asked him if he had Miss Jones's permission to stop in the house? I told him, no; Miss JOnes could have given no such permission, he must consider himself as a trespasser; "but, Sir, (says I) you have seen enough of Miss Jones's disposition to shew you that you have nothing whatever to fear from her;" and he said, in reply, "You don't know that black woman's heart."

WILLIAM PULLEY sworn.

Examined by Mr. Knowlys. I am clerk to Mr. Beard.

Q. Did you attend Mr. Beard when the pistols were conveyed into the house by Mr. Beard? - A. Yes, I went with him.

Q. Mr. Beard took the pistols himself there? - A. He did.

Q. Were they carried in the way that Miss Jones could know first of all what they were? - A. No.

Q. When Miss Jones knew they were pistols, did she approve of the transaction, or disapprove of it? - A. She expressed herself desirous to know what was in the case at the time that Mr. Beard put it down upon the table, and upon being told that it was pistols, she said, "Good God, what are they for? I would rather go out of the house than any thing of that kind should be;" to which I believe I replied, "Madam, you must not leave the house, don't be alarmed, nothing is meant by it but your own protection as I understand;" Mr. Sellers then put them under the chair, and he says, there is no fear of it being necessary to use them, I think, because Mr. Yates and myself have been upon friendly terms this morning, and I hope we shall continue so.

FREDERICK BIGGS sworn.

Examined by Mr. Knapp. I am brother to the other Mr. Biggs.

Q. Do you remember Mrs. Sellers coming in a coach to Mr. Biggs? - Yes.

Q. In consequence of that, did you go to Pimlico? - A. Yes; Mrs. Sellers arrived about three o'clock; I went to Mr. Graham's before I went to Pimlico; I arrived at Pimlico between five and six in the afternoon.

Q. After the accident had happened? - A. Yes, it was.

Q. Tell us what you observed, when you came there; did you see Mr. Yates? - A. I saw Mr. Yates in the garden.

Q. Did you see Mr. Sellers? - A. Yes.

CHARLES BIGGER sworn.

Examined by Mr. Fielding. I am the master of the Spring-garden coffee-house; I have known Mr. Sellers since December 1772; I went to school with him in Edinburgh.

Q. Tell me, upon your oath, what your opinion is of the mildness of his heart and disposition? - A. I never viewed Mr. Sellers to be of the disposition of a quarrelous young man, always the reverse, and would much sooner put up with an insult at any time, rather than revenge it.

EDWARD GRUM sworn.

Examined by Mr. Serjeant Shepherd. I have known Mr. Sellers for, I believe, nearly twenty years; during that time, his circumstances have suffered some revolutions; his character has been that of a kind, benevolent, very far from a quarrelsome disposition, the farthest from it in the world.

Q. Always, during that time, he exhibited marks of kindness in his disposition? - A. Almost the most benevolent man I ever knew.

THOMAS WALKER sworn.

Examined by Mr. Serjeant Shepherd. I have known Mr. Sellers more than twenty years.

Q. What is his character as to humanity and good disposition; a benevolent good kind of man, a man I would be glad to serve in any respect; he is very far from a quarrelsome disposition.

WILLIAM ELSWORTH sworn.

Examined by Mr. Knowlys. I live in Newgate-street; I have known Mr. Sellers from fifteen to twenty years; I never heard any thing against him in my life; I always thought him a humane, and

a good man; I have had many connections with him; he is of a mild, forbearing disposition.

Court. He must stand in the eye of the Jury, as a man of a very humane, mild, and benevolent character, and I presume therefore, if you were to call two hundred more, they would not be more convinced of it.

Summing up.

Court. Gentlemen of the Jury, this is an indictment against the three prisoners, John Sellers , Elizabeth Jones , and Richard Footner ; and the indictment states, that John Sellers has murdered Thomas Yates , by shooting him with a pistol; and that Elizabeth Jones and Richard Footner were present, aiding and abetting at that murder; the question for you to try, therefore, will be, whether Sellers is guilty of having wilfully shot Thomas Yates , and whether these persons, Elizabeth Jones , and Richard Footner were, at the time of committing the murder, at the time of the killing, either actually, or by any rule of law, constructively present when he was so killed? In order to clear this case of any doubt in point of law, I shall first state to you what I take the law of the case to be, and then you will be better enabled to apply the facts to that law; I take it to be clear, that whoever had the title to this house, Mr. Yates, at this time, having been in the real joint possession, or permissive possession by himself, and his servant being there, to say nothing of the wife, if he took a walk in the garden, and they thought proper to bolt him out, if he attempted, by any force, of breaking the windows to get in again, he was justifiable in so doing, and if any person has want only shot him in that attempt, he is guilty of murder-that law I have not a doubt about; that Mr. Yates himself seems to have a right to come in-he had never quitted the whole premisses-was gone out to walk in the garden, and had (from being in what some of the witnesses call, a joint possession, and others speak of, as a permissive possession) a right to come into the house again when his servant assisted him; and if Sellers wilfully shot at him, he is guilty of murder. That is the principal point, and if you should think that Sellers has done an act, which either amounts to murder or manslaughter, then you will have to consider whether Jones or Footner were abetting Sellers at the time he committed the fact; now this I should hold to be abetting, that if they saw Mr. Yates coming into the house, and told Sellers to go down with a loaded pistol and shoot him, and don't let him come in, they being in the house, and telling him to do that, they would, in my opinion, be guilty as abettors, and would have a sufficient constructive presence to warrant their being found guilty upon the allegations of this indictment; this I state only as general law; it will be necessary for you now to attend to the facts, as the witnesses have proved them, and then it will be for you to see whether this pistol was fired wilfully or accidentally; if wilfully, it is murder, if accidentally it is manslaughter; and then you will have to pronounce how far Jones and Footner have been abettors in the killing.(Here the learned Judge summed up the evidence on both sides).

This is the whole of the evidence on the one side and on the other, and now to apply that evidence to the cases of the different persons: Elizabeth Jones and Richard Footner are charged then with being present, aiding and abetting Sellers at the time he fired off this pistol; as to that there is no direct evidence of their being present, of their having counselled him, or having had any thing to do with him; on the contrary, there is very strong evidence in favour of both of them; there is evidence in favour of Jones, that at the very first fight of the pistols she said she would rather leave the house than they should be there; and that it was not till her attorney and Sellers had interposed, and assured her that she need not be alarmed, that she would consent to the pistols being suffered to stay; after that it seems Miss Jones and Footner expected that there would be persons come on the part of Mr. Yates into the house on Monday, and thought it necessary, together with Sellers, to keep those persons out, to prevent Mr. Yates from turning the tables upon them and turning them out, and they for that purpose locked all the doors with Sellers's assistance; there is no positive evidence as to what they did at the time this unhappy man, Mr. Yates, in endeavouring to get into the house, there being no positive evidence of that sort, and the story told by Mary Thompson not being that which warrants us in forming a rigid prejudice against Miss Jones and Footner, it appears but justice for us to say that they speak the truth in their defence, when they say, "they did not know the pistols were loaded;" and Footner, "that he knew nothing of the matter till he heard the pistol fired;" if you are of that opinion you cannot conclude that they were present either by legal construction, or actually at the time the pistol was fired; and therefore as to them it seems you will have very good ground to acquit them as being accessaries, aiding, and abetting in this act of shooting, and I think it best to dispose of them first, because then it will leave Sellers's case to be considered wholly by itself, subject to your judgments. I think you will do no injustice to your country, but rather justice, if you acquit them of being accessaries; there is hardly evidence to draw a conclusion that must affect their

lives, if they are found guilty. Then as to Sellers, the great point is, whether this pistol went off by accident or design; he had no previous malice against the deceased most clearly; he knew nothing of the deceased till he was invited into the house of Mr. Yates, and Miss Jones by the recommendation of Mr. Beard and Mr. Biggs; and when he came into the house he tells you, that Mr. Yates behaved with a degree of great violence, and he was advised by those to whom he thought proper to refer, to have pistols for his defence; so far then it seems these arms were brought into the house to protect this man and Miss Jones, against any violence that Mr. Yates, whose temper was violent, might use against them; and that the pistols were brought in for that purpose, but the pistols are brought in unloaded; Sellers therefore at some time or other, and we are not informed when, must have loaded them, one of them is loaded at this hour; and he acknowledged it was loaded with ball; he knew therefore at the time he took that pistol up, that it was loaded with ball; we have no evidence to contradict him; as to his taking this pistol up upon the impulse of the moment; but when a man takes up so dreadful a weapon as that upon the impulse of the moment, without a provocation, it will not justify him in any improper use he may make of that pistol; he knew it was loaded, and he took it up upon the impulse of the moment, because he understood Mr. Yates was forcing his way into the house; he was advised, and they all agreed, if they could get Mr. Yates into the garden they would keep him there till the lawyers of both parties met, which was expected in the evening. Mr. Yates had clearly a right to come into that house again, and any person who stopped Mr. Yates from coming into that house was a trespasser, for he was only coming out of the garden, some saying it was a joint and others a permissive possession. Well then, this was a sort of possession the attorney had told them in point of policy they were to deprive them of; but the attorney was not so wise as not to advise them to detain him from that possession by the means of deadly weapons, but he takes up this weapon, and he comes down stairs, no provocation was given to him, he sees Mr. Yates in a very helpless state, endeavouring to get in at the window; he tells Mr. Yates "he must not come in;" Mr. Yates is frightened and retreated, and in the time of retreating the pistol goes off; it may be said in Sellers's favour, that he fired it upon a retreating and not upon an advancing man; that circumstance is in his favour; it is said by Mr. Sellers, that Mr. Yates touched the pistol, and so gave the jar; it is positively said by the girl, that Mr. Yates did not touch the pistol, nor could touch the pistol; and the conversation between Mr. Yates and Sellers in the garden, if you believe the witness, is, that he asked whether they were in the act of a scuffle at the time the pistol went off; he said, "no, no;" but when he asked him if he thought the pistol was fired off maliciously, Mr. Yates said, in that very awful moment, "yes, yes;" whether he would consider the turning aside a pistol a scuffle or not, is for you to turn in your own minds; you have heard what the girl says now, that he put forth his hand, and he could not touch the pistol; upon her deposition before the Coroner she says this, that Mr. Yates put out one of his hands to push away the pistol, when it immediately went off and shot him; she does not say in that, whether he touched the pistol or not; but before the Magistrate she says Mr. Yates put his hand towards the pistol to push it away, and did push it a little aside, and that then Sellers fired the pistol off; the girl therefore has varied in her testimony before the Magistrate from the testimony that she has given this day; she has said at one time that he did touch the pistol, and at another time that he did not; she says to-day he did not; it cannot be imputed to any thing but error and mistake in the girl; for she has told her story with great simplicity, but it may be that her recollection is not perfect; Mr. Yates has said that he was shot maliciously; on the other hand, Sellers says, that Mr. Yates touched the pistol, jarred it in his hand, and that was the occasion of its going off; if you are of opinion that that was really the case, and that the pistol went off by accident, then I think you ought to find Sellers guilty of manslaughter only; if you think it went off wilfully, I think it is a murder of an atrocious nature. There are a few circumstances to be observed upon exclusive of the act of the pistol itself, that where a pistol does go off by accident, it is natural for a person to say immediately, it went off by accident; but he only says, he is not hurt, he is not hurt, and does not seem to be aware that he has done any mischief, nor does he before the deceased in the garden say it was an accident, though he does say so to a witness afterwards; but he does not tell Mr. Yates so, he only asks him forgiveness; but the time to have observed that should have been the very instant, and that in the hearing of Mary Thompson; that being the case you will take that circumstance into your consideration and see low far it should weight in deciding upon his guilt; had not the girl stood contradicted by herself, upon the circumstance of the pistol not having been touched by Mr. Yates; she says onetime he did touch the pistol, at another time he did not touch the pistol; but I must observe this, that this pistol must have been extremely carelessly used by Sellers; he must have cocked it before he went down, unless he was cocking it at the time; if he carried it down cocked at the time, he ought to have been very careful not to have put that pistol so near Mr. Yates as to endanger his life; but that is a matter perhaps that will affect the degree of guilt as to the punishment, if you find him guilty of manslaughter; then here is a circumstance that will lead you to decide whether the pistol was fired off accidentally or wilfully. If upon the whole you think it was fired off wilfully, you will find Sellers guilty of the murder; if upon the other hand you think there is not evidence sufficient to lead you to say he fired off this pistol wilfully, but accidentally, there being no positive and direct proof that it was fired wilfully, you will find him guilty of manslaughter only; and you will remember this, that in a doubtful case, the character of a man ought always to weigh and stand him in good stead; and if a man has, during his whole life, as was stated by some of the witnesses ever since 1772, for 24 years; says another for 20 years; says another he has been uniformly marked for his humanity and the mildness of his disposition; it is a strong circumstance to weigh in a doubtful case in the man's fate; you will therefore say, under all there circumstances, whether you think there is evidence sufficient to believe he fired it wilfully; if you think so, you will find him guilty of a most serious murder; if you think he fired it accidentally, you will find him guilty of manslaughter, and less than that you cannot find him guilty of.

Sellers GUILTY of manslaughter .

Jones NOT GUILTY .

Footner NOT GUILTY.

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

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17960914-6

463. CHARLES SCOLDWELL was indicted for feloniously stealing two live tame ducks, value 3s. the property of Thomas Spurling , July the 3d .

Mr. Ally. Gentlemen of the Jury. The case which I have now, as Counsel for the prosecution, to call your attention to, as stated in the indictment, is only a case of grand larcency, and therefore you will be relieved from trying a case in which the life of a fellow creature is involved; yet I will venture to state thus much, that it is a case of much importance to the justice of the country, as any case that ever was exhibited in a court of justice; for it will be sufficient to tell you, I dare say to rouse your attention to this cause-that that man, who stands before you, was, at the time this offence is alledged to be committed, acting as a servant of the law, acting as a person bound by the law of England with mercy to administer the process of the law; and yet he took advantage of the distress of his fellow creature, and under that distress assuming a kind of authority that he did not possess, took a considerable property not contained in this indictment, as well as that which is contained in it, without the consent of the prosecutor. On the day charged, the 23d of July, the prisoner was employed to arrest the prosecutor of this indictment; the debt amounted to 16l. 7s.; At ten o'clock at night he obtained admission to his house, and informed him, that he had a writ against him, and he must immediately come off, and immediately accompany him to Newgate. The prosecutor replied, that that was rather a harsh kind of observation-if there was a demand against him, he would endeavour to settle it; "No, no, (says the prisoner) you shall not settle it, you must immediately come with me to Newgate, and you must hire a post chaise." The poor man said, "it is a hard thing to hire a post chaise to carry one's self to Newgate; if you will take me in an humble single horse chaise, which I have of my own, I will go with you to Newgate." The bailiff's follower, Mr. Taylor, thought sit then to say, "we had better settle and accommadate the matter;" and, in the presence of the prisoner, asked what kind of accommodation he could afford; the prosecutor replied,"I have 15l. in the house; you shall have that, and I will give you something else as a security for the payment of the balance, 1l. 7s." The prisoner asked him if he had not a watch; he said, "yes, he had:" "then I must have that." The poor man said (his wife at that time being in a lamentable situation, and such as from her appearance she must, in a very short time, answer the calls of nature), sooner than leave his wife in that situation, he would give him his watch; the watch and 15l. were given to the prisoner; and he had no sooner got that than he encreased his demand; says he, "this is a trifling thing, gentlemen such as we are cannot come into the country without something to bear our expences; he asked him for money; he said, no, he had nothing left but a few halfpence he had taken in the course of his trade; all the halfpence he had collected in the course of his trade that day amounting to about 10s. and the honest gentleman before you received that 10s. Gentlemen, this is not all; he asked him if he had no fowls about the house; he said, he had one or two, and that was all. He asked him if had not a goose, "yes," says he; then says the prisoner, "my wife is very fond of a goose I must take that to town:" says the prosecutor, "that is very hard;" "O (says he) the goose I must have." He let him have the goose; still the rapacity of this man was not satisfied; he was no sooner possessed of all this, than finding the disposition of the prosecutor such, that rather than leave his wife in the situation she then was, he would have parted with his all-"Have not you the lease of this house?""Yes (says he); and that is my all;" he had expended 300l. upon it a short time before, and the lease of the house he had. Still not content, he said, "I must have a note for 40l. upon condition that the lease shall be mine

this debt and costs be legally settled within twenty-one days. One would have thought the rapacity of any man would have been satisfied with this; the prisoner left him at four or five o'clock in the morning; and as the prosecutor had to prepare his bread for next day, he retired to his bakehouse; he saw the prisoner going towards his stable, and in this stable were the two ducks mentioned in this indictment; and, fortunately for public justice, he went into the stable, the prosecutor saw him retire, and without speaking any thing further, I believe, to the prosecutor, he went away. - Gentlemen, about six o'clock the wife of the prosecutor directed her servant as usual to let out these ducks, and feed them; the servant went to the stable but the ducks were gone. The prosecutor of this indictment will prove to you that about two hours before the prisoner went into the stable he saw the ducks there; he will prove positively that they were there at that time; and then, Gentlemen, the question will arise what became of them; nobody went into the stable but the prisoner at the bar; and if there was no more evidence than that of the prosecutor, I should think there was sufficient evidence to bring conviction home to the minds of twelve honest men; but I have evidence which no mind can resist. I have that which is a kind of confession, at least an admission that he stole the ducks that are the property of the prosecutor; for as if Justice ever had something walking before it to detect such enormities as those charged against the prisoner, it happened that the prisoner met with, as he was going to London, the driver of a stage coach; the coachman took him upon the top of the coach, and no sooner had he got a few miles than in a familiar way, and forgetting the misfortune which he might by and by fall into, he taps the coachman upon the shoulder, and cries out "quack, quack," (this produced a laugh in Court;) it is certainly a kind of observation calculated to excite a kind of simper; but I am sure, notwithstanding that, it must ultimately excite the compassion and indignation of every man; he did cry out, "quack, quack; tick, tick;" the coachman asked him what he meant? says he, "I have done the baker out of his ducks and out of his watch;" "have you," says the coachman; "yes (says he) I have;" they then went on a great way further, and they arrived at some place where the coachman stopped to water; at this time the ducks were falling out of his pocket; the coachman saw the ducks were falling out of his pocket, and said this to him, "Mr. Constable, if you don't take care you will lose the ducks which you have stole;" the reply of the prisoner was not a denial of that charge; "no, no, I say(says he) I will take care, I will keep them fast." I say therefore this is a kind of admission, if admission is necessary under such circumstances, that the prisoner did steal the ducks; but the coachman will prove that the ducks were white ducks; the prosecutor will prove the ducks he lost were white; it will be therefore incumbent upon the prisoner to show by what means he obtained possession of this property; for unless he can satisfactorily show how he came by that property, it will be your duty, beyond all question, to say he is guilty of the charge imputed in this indictment. Gentlemen, after this, which I pledge myself to prove to you, there can remaining upon your minds with respect to the guilt of the prisoner; and I am very much at a loss to know upon what ground the learned Gentlemen mean to defend him; he is defended by very able advocates, and if ingenuity can save him I am sure the prisoner will have the full benefit of every thing that ingenuity can afford him; but I am at a loss to know, from the little ingenuity I possess, upon what legal ground they can defend him; perhaps you will be told by and by, that at the time all this property was extorted from the man, which I have not charged in this indictment, that these ducks also were given him by the prosecutor.

Mr. Knowlys. I really don't understand this mode of opening a case; it appears, as I expected, that something upon the face of this indictment, which is not of great value, should be enhanced by hinting to the Jury that property has been illegally taken of greater value, which it is supposed the lenity of the prosecutor has withheld from bringing before the Court; if he has done so, he ought to be called upon to answer to it, or the Jury's minds ought not to be burdened with it.

Mr. Ally. My Lord, I remember perfectly, when Mr. Justice Rooke said the other day, when I interrupted Mr. Knowlys, says that learned Judge, "I will not interrupt the Counsel in his opening, I will leave it to himself and his own candour," and I sat down; I say now, I am sure the Counsel for the prisoner will not interfere, but trust to my direction; and I say in the case I am now stating, it is extremely necessary to apprize the Jury of all the facts, which I shall do fairly, as well for the prosecution as for the prisoner; because by and by a cross-examination will take place, and facts may be turned and turned unless a previous explanation goes to the Jury upon the subject, and therefore it is totally upon my own credit and candour I stare this case; if I state it improperly, I will give up the cause.

Mr. Knowlys. I only meant to hint that this is not the ordinary way of opening a prosecutor's case.

Mr. Ally. It is new, it is a very extraordinary interference; I thank God, I am not of the disposition of many persons, I am not by interruption to be turned aside from the line I was pursuing, when I know that line is right, and interruptions of this kind sometimes give me an opportunity of seeing into the case.

Court. It is now high time for me to say to the Jury, that they must divest themselves of nine-tenths of this opening, it is quite sufficient to state that this man has taken the ducks; if he has been guilty of extortion, it has nothing to do with the simple fact whether he stole the ducks, and any other consideration is out of the question, it is quite an uncandid and unusual opening.

Mr. Ally. Gentlemen, I agree with the learned Judge, I desire you to divest yourselves of every thing I have said further than the facts shall come out; but I must continue to state the case as it has been laid before me, and will be proved; I tell you, I shall be able to prove, out of the mouth of the prisoner, the confession that I have stated; I tell you, I shall be able to prove the loss of the ducks, and the possession of the prisoner; I say, when I have proved that, you cannot have a doubt with respect to the verdict you are to give; and I would have gone on to state other circumstances, which afterwards occurred, for there were several meetings afterwards between

the prisoner and prosecutor, and therefore I will beg leave to ask, upon what ground the prisoner is to be defended? for, if it is said, he is not guilty of the felony, because it was a long time before the alledgment of a prosecution; you are not to be led astray by such an observation, for this reason, the prosecution was not commenced for some time after the commitment of the offence, and I will tell you why the prosecutor sat down content with the loss of his ducks, while he was protected in his liberty; but afterwards, the story got wind in the country, and I will say, to the honour of the Magistrates in that quarter, they insisted that the prosecutor should come forward, and do that justice to the public which the nature of the case demanded; it was in consequence of this, that the prosecutor came forward, for he would not have been able to have borne the expence of a prosecution; these circumstances, I shall prove clearly beyond all controversy; and, I say, if you find him guilty, and by that verdict you consign that man over to the punishment he deserves; if he is guilty, I hope that verdict will be held up as a mirror to those men who are servants of the law, and teach them to carry before them that great Christian precept, to do that towards those upon whom they have a process to serve, as they would be done unto; and that, if they transgress the law, it will not be with impunity; and more than that, I hope it will teach them not to do that, which is often the case, when they have a writ to execute, like carrion crows, to seize upon the victim, and not leave him till his utter destruction is accomplished. I have stated these circumstances, you will hear the evidence, and I know you will dispose of it as justice shall demand.

THOMAS SPURLING sworn.

Examined by Mr. Ally. I live at Bedfont in the county of Middlesex ; I am a baker .

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

Q. Do you recollect seeing him at any time in July last? - A. Yes; He came down on the 22d of July last, he came in about ten o'clock at night, I and my servants were at supper; he came in and looked hard at me, and said, "don't you know me;" "no," says I, "I don't;" "have not you got nothing better," "no," says I, he then sat down, and said, "he had a writ for me, from Mr. Allen;" I said," I dare say, we could settle it, if he sat down, or give bail;" he said, "I should have no bail, for there was no bail, that I should go to London duectly;" I told him it was very hard, I could call a friend in.

Court. This has nothing to do with it, go on to the ducks.

Mr. Ally. Q. How long did this man stay in the house? - A. Till every thing was settled.

Q. Had you been in the stable together that night? - A. Yes, to see whether the horse had ate his victuals, and there were the ducks.

Court. Q. What time was this? - A. About three o'clock in the morning.

Q. You saw the ducks at that time? - A. Yes; I saw them there, he said, I should go to London whether the horses had eat their victuals or not; I should go to Newgate, and that would cost me two guineas; I then went into the house again, and staid about an hour.

Q. Did you shut the stable door when you went out? - A. Yes.

Q. Did you leave the prisoner in your house? - A. The prisoner went into the house along with me; we staid together in the house about an hour, and he took all the things.

Q. Did you then go out of the house? - A. - A. We then went into the bake-house, and the prisoner went in with me and looked into the oven, and then he went into the wash-house, that was about half past five; he went out of the bake-house into the wash house, and out of there into the stable, he staid there seven or eight minutes; I remained at my work making my dough and lighting my fire; he went out of the stable, and laid, good morning to me, and never came near me any more.

Q. Did you at any time after this, go into the stable yourself? - A. Yes, in about half an hour after he went away, the servant maid went in first, and the ducks were gone.

Q. Amongst the variety of things which you had given, I will call it, to the prisoner, had you given him the ducks? - A. I had never given him a duck, nor was a duck talked of.

Q. What colour were these ducks? - A. White ducks.

Q. Did you ever see the ducks afterwards? - A. No.

Q. Is the servant here? - A. Yes.

Cross-examined by Mr. Knowlys. Q. You are a baker it seems? - A. Yes.

Q. You attended to what the gentleman was saying to the Jury? - A. Yes.

Q. Did you attend much to it? - A. Not a great deal.

Q. What paper was that you had in your hand? -

Mr. Ally. Let it be read, I will not have one word said about the paper till it is read. (Here a skirmish ensued between the Counsel of rather a serious nature).

Mr. Knowlys. Q. Where is the paper you were reading? - A. The officer has it.

Q. Who furnished you with that paper? - A. That gentleman.

Q. Is that the paper? - A. I had not read it before, but I thought it was for Mr. Osborn as a witness.

Q. Do you mean to say you did not read it? - A. I am no scholar.

Q. Tell me if that is your hand-writing; (shewing him a paper?) - A. It is.

Q. Do you mean to say you did not read it? - A. I did not.

Q. Upon your oath, do you mean to say that before that Jury? - A. I read it as near as I could, and I thought it was for Mr. Osborn to come as a witness.

Q. This man came to you to arrest you? - A. Yes.

Q. Did he explain to you at the time, that he came to arrest you? - A. Yes, after a few minutes.

Q. He told you he should take you to Newgate? - A. Yes.

Q. For the debt, was not it? - A. Yes; I wished to make it up, and I asked if there was no bail.

Q. You had not the money to pay the debt and costs? - A. The costs, he said, were 10l.

Q. Don't you know it was his duty, to take you away? - A. Yes.

Q. Did he forbear, at your request, to take you to Newgate? - A. I asked him if we could not settle it.

Q. I ask you, did he not forbear to take you at your request; did you not request him not to take you? - (hesitates).

Q. Was it your wish that he should take you? - A. I told him I would go.

Court. This is no evidence in the cause, except so far as to know how he came into the house; he did not make his arrest; it is certainly a prejudice which ought not to operate one way or the other.

Spurling. He said, "why should I want to go;" and then, when I talked of not going, he wanted me to go.

Q. Did not your wife desire him not to take you? - A. Yes; and then he said he would have so much money.

Q. Upon your oath, did not you attempt to run away from him? - A. Yes; he caught hold of me by the collar, and said, I should go to London that minute; and he told me I should walk all the way.

Q. Are you not lawyer enough to know, that if you escaped from this man he must have paid the debt and costs? -

Mr. Ally. It is an extremely unfair question.

Mr. Knowlys. I care not for your observations, I know you too well to care for them.

Q. Are you not lawyer enough to know, that if you escaped from this man he must have paid the debt and costs? -

Mr. Ally. I say it is a very improper question.

Mr. Knowlys. Let me hear what my Lord says and I will attend to it, but I will not to you.

Mr. Ally. It is matter of opinion.

Court. It certainly is.

Mr. Knowlys. Then, as your Lornship says so, I will not pursue it.

Q. This was the 22d of July? - A. This was on the morning of the 23d.

Q. And then you lost your ducks? - A. Yes.

Q. Did you not know where this man lived? - No.

Q. Upon your oath, did not he tell you? - A. He told me, but I never knew by going to his house.

Q. Now do you mean to swear that you did not know, when he told you, where he lived? - A. No, not at that time; he did when he came the second time.

Q. Do you know Taylor? - A. Yes; they came both together.

Q. He is a witness for you, is not he? - A. Yes.

Q. Upon your oath, did not you promise to call at Scoldwell's house the Monday after you were arrested? - A. No, not then, the Wednesday week I told him; after he wanted the forty pound note, I said, if this is not settled in three weeks, the note is forfeited, and the lease too.

Q. Did you not, upon your oath, promise to call the Wednesday week after? - A. I told him I would if I could, and if I could not, he had got the forty pound and lease security.

Q. Upon your oath, how came you to promise to call upon him the Wednesday week, when you did not know where he lived? - A. He gave me his card that morning.

Q. The 23d of July? - A. Yes.

Q. Then how dared you tell this Jury you did not know where he lived? -

Mr. Ally. It is very unfair to dare a witness in this way.

Mr. Knowlys. If your Lordship thinks I am wrong I will stop, but I am not to be reprehended by this man.

Mr. Ally. I submit to the Court that it is not the duty of a Counsel, who is only, by the courtesey of the English law, permitted to ask a question. I say it is the most indecent, unbecoming, and ungentlemanlike behaviour, to dare and insult a witness; to ask a witness why he dare say so and so. I object to Mr. Knowlys daring the witness in that way, it is illegal.

Mr. Knowlys. Am I to have your Lordship's permission to go on, as I shall attend to nothing else?(Mr. Ally said something, in so low a voice, that it was not heard.)

Mr. Knowlys. There is a noise in the Court, I cannot go on.

Q. Did you look at the card, the direction to his house? - A. Yes.

Q. How came you to tell me he never told you where he lived? - A. He never told me where he lived, only left his card.

Q. Had you any doubt where he lived when he left his card? - A. I could have no doubt.

Q. When you lost your ducks, did you go to look after the man you suspected to have stolen them? - A. No; the man was gone, and I did not think he would have done so, after I had given him one thing and another, to take my ducks.

Q. You had no suspicion then that he had taken them? - A. I could not suppose but he would have been better than to have taken them.

Q. When did you suspect that he had taken them? - A. Three weeks afterwards, when he came down again; I did not know who had got them.

Q. I ask you when you suspected him? - A. I rather thought, as he would have this thing and the other, that he had taken the ducks, I could not say.

Q. Did you suspect him, yes, or no, to have taken your ducks? -

Mr. Ally. He has answered you.

Mr. Knowlys. I shall not attend to you, Sir, I appeal to the Court.

Q. Did you, or not, suspect him to have taken your ducks? -

Mr. Ally. If we are to be kept here all night-

Mr. Knowlys. I wish your Lordship to silence this person.

Court. He has certainly not given you an answer to that question; and when you put an improper question I shall certainly stop you.

Mr. Knowlys. Q. Did you suspect this man had stolen your ducks? - A. I could not tell who it was.

Q. I don't ask you whether you know; upon your oath, did you, or not, suspect he had stolen your ducks? - A. I rather thought he must have taken them, for nobody else had been in.

Q. When did you rather think he had taken your ducks? - A. Because nobody else had been in.

Q. When did you first suspect he had taken your ducks? - A. I missed them soon after he was gone.

Q. You had his card; you knew where he lived in London? - A. I had his card.

Q. Did you go to London to enquire after him, or take him up, or take any steps in the business? - A. No; I was so afraid of his coming down and using me ill in that way, that I should not have done it at that time; he had used me so, that I was afraid.

Q. At what time did you think of doing it? - A. When he came to arrest me the second time; he came down and brought a note, which I had given him before, for 4l. 19s. and says he, "here is your note, it is good for nothing, take you balderdash note;" says I, you have never been a-nigh to see whether the man would take it or not; says he, "I will have none of your notes, nor your nonsense, pay me the money you owe me;" I asked him, what do I owe you? "why, (says he) now, I must have 9l."

Q. That was the 13th of August, was not it? - A. Yes.

Q. Did you charge him with it then? - A. No.

Q. He came to arrest you that second time upon another suit? - A. Yes; and he said, he had come to clear the old account up.

Q. You did not then suspect him? - A. I did not know then that he had stole my ducks.

Q. That was three weeks after the time he first came to you? - A. Yes.

Q. Had you any conversation with worthy Mr. Taylor about it upon the 13th of August? - A. Taylor did not come down then.

Q. How long after the 13th of August did you think proper to charge him with these ducks? - A. When I came to give the bail bond in London I found it out that he had stole the ducks; that was the Tuesday after the 16th.

Q. Did you charge him before the 16th of August with having stole these ducks? - A. No; I did not know it for a certainly before.

Q. Did you make any enquiries about it, and about him, before the 16th of August? - A. I made no enquiries till I knew it for a fact.

Q. Did you make any enquiries about this man, and his stealing them, before the 16th of August? - A. No.

Q. You never took the trouble to ask, whether he had been possessed of them before the 16th of August? - A. No.

Q. Did you ask any body if they had seen him with such things? - A. No; he went away when I was in the bake-house.

Q. But you knew where he lived by his card? - A. Yes.

Q. Upon your oath, was not this card a true direction to him; you have been at his house since, have not you? - A. No, I have not; I suppose it was a true card, because I wrote to him, and the letter arrived.

Q. I dare say you had so had an opinion of this man, that you would not have wrote to him to desire the favour to send down a little pickled salmon for your wife, before this dreadful affair of the ducks broke out? - A. He and his wife came down together, before the 13th, and they took their breakfast, and luncheon, and dinner.

Q. You did not mean to give this fellow, whom you suspected of being a thief, a breakfast, luncheon, and dinner? - A. I did not know it.

Q. But you suspected it? - A. I had not settled the business with him.

Q. Did not you suspect it? - A. I rather suspected, but I wished to settle the business.

Q. Did you not suspect him to be a thief before the 23d of July? - A. I rather suspected it, but I did not know for a certainty, the business was not quite settled; and he came down, and said, he was come down to settle the business; and after his breakfast he had a luncheon, and then wanted some pickled walnuts; I gave them some bacon for dinner, and while his wife was at dinner, she said,"Lah, what nice bacon your's is, I wish you would give me some to carry home;" his wife said, she must have half-a-crown for coming down instead of a man, and I gave them some bacon; and his wife said, "I should not be a looser by it, she would send me down some pickled salmon;" then he wanted some geese; I told him I would go and buy some, but I could not afford to give them any; then he said he would pay for them; I told him to go and kill one if he would pay for it, and he went and killed an old one.

Q. Whether you wrote this letter before the 13th of August, a friendly letter to send a piece of of pickled salmon down? - A. Yes; I had not settled the business then; he had taken two geese from me, and promised to pay for them; the next time he came down he would not give me any thing.

Q. Upon your oath, did you ever venture to accuse this man of stealing these ducks before you had a conversation with Taylor? - A. I have never had any conversation with Taylor, but Mr. Sadler was the man they rode up with.

Q. Upon your oath, did you ever venture to accuse this man of stealing these ducks, before you had a conversation with Taylor? - A. I never had any conversation with Taylor till we came for the bail bond.

Q. Upon your oath, did you ever venture to accuse this man of stealing these ducks, before you had a conversation with Taylor? - A. No; not till the bail-bonds were al together.

Q. Before you charged him with stealing these ducks, you had no conversation with Taylor? - A. No.

Q. That you swear? - A. Yes; for I never saw Taylor after till we were all together the Tuesday after, when I found out he had stole the ducks.

Q. What time, after the 13th of August, did you accuse this man of stealing these ducks? - A. When they were filling the bail bond up, about twelve or one o'clock.

Q. Before or after dinner? - A. Before and after too.

Q. Before dinner you took him to be a thief, did you? - A. Yes.

Q. Did you dine with the thief? - A. We were forced to dine all together, for he wanted to lock me up then.

Q. Did you dine then? - A. Yes; but we were not very friendly then; my bondsmen were there, Mr. Wager and Mr. Tilner.

Q. Where did you dine? - A. In the City, I believe it was, the Red-Lion; I told him of it, and he was very angry; he called me out of the room, and he said, "I did have your ducks, but if you make any more piece of work, I will tear the bond, and lock you up directly." Mr. Wager said, "You shall not be locked, for I have got fifty pounds by me, and the man shall not be locked up"

Q. Is he here? - A. Yes.

Q. That was the first time you accused him of taking the ducks? - A. Yes.

Q. What was the value of the ducks? - A. Better than 3s. I think, but I had rather under value them than over value them; he offered to satisfy me; I said I would not be satisfied in that way, I would let the law take its course; and he said, "if you say any more I will take and lock you up."

Q. So from the 23d of July to the 13th of August, you never accused him of taking these ducks, and never said you had given them to him? - A. There never was a word mentioned about a duck till we went up to give the bail bond, not to tell him of it.

Q. You never mentioned then about his taking these ducks from the 23d of July to the 13th of August, to any body? - A. Yes; giving up that day the 16th of August, as we were going up I mentioned it to Mr. Wager; and I mentioned it to Mr. Sadler, going up on the 16th of August.

Q. When did you first mention it to Wager and Sadler? - A. The day before; Sadler said he saw him with ducks.

Q. Did you ever mention it before the 15th of August to any body? - A. No; I did not know that he had them.

Jury. Did you mention you had lost them? - A. Yes; to a great many people.

Mr. Ally. Q. You have been asked whether or not you knew the address of the man, or whether he told you his address; I understood he did not tell you where he lived, only gave you a card? - A. Yes.

Q. I understood you also to say, you did not mention any thing of the ducks till the 16th to the prisoner? - A. Never.

Q. On the 15th, the day before you came to town, you mentioned it to Wager, who was to come to town with you? - A. Yes; and to Mr. Sadler.

Q. I also understood you to say, that the reason why you did not accuse this man on the 13th, was

because he came down that day for the purpose of settling with you? - A. He came down to settle

Q. There was still on this 13th, the second time he came, a demand he set up against you? - A. Yes.

Q. Therefore as there was this demand, you did not charge him with stealing the ducks? - A. No; he stuck me up 26s. at the public house, and made me pay it all.

Q. With respect to missing the ducks; you never saw the prisoner from the day the ducks were lost till the 13th? - A. Yes; he came down with his wife, when he had the bacon and that.

Q. Still this demand was remaining against you, and therefore it was you did not charge him with stealing the ducks? - A. No.

Q. You did not charge him with it till the 16th, and then he threatened to lock you up? - A. Yes.

Q. When you were asked whether you suspected him, you answered, you could hardly suspect him, because you did not think him cruel enough to take them after all you had given him? - A. I thought he could not; there was a great bason of halfpence, and he took all them away.

Q. Then he threatened he would lock you up the second time? - A. Yes.

Q. Had you ever heard from any body who had taken possession of the ducks, till you saw Mr. Sadler? - A. No.

Q. Then you could not ascertain positively, though you entertained a suspicion, that he had the ducks? - A. No; Mrs. Scoldwell came and offered me ten guineas if I would make it up.

JOSEPH SADLER sworn.

Examined by Mr. Ally. Q. You are the stage-coachman from Bedfont to London? - A. Yes.

Q. Do you recollect on the 22d of July, seeing the prisoner at the bar? - A. No; on the morning of the 23d.

Q. Where then did you meet him, and what happened between you after you did meet him? - A. About half past seven in the morning I came through Bedfont; I took up the prisoner at the bar and another man with him as passengers on the outside of the coach, at the house of Mr. Wager; on the journey to London, about a quarter of a mile from Bedsont, the prisoner at the bar began telling me his business, what he had been to Bedsont about; that he had been to arrest Spurling the baker for a debt; he related a great number of things that he had taken from him, I cannot say what; but fifteen or sixteen guineas in gold and a watch he showed coming along the road; he exposed the leases, and showed me that and several other things; he tapped me on the shoulder soon after; I looked round, and the prisoner held up his pocket in this manner, and cries, "quack, quack I have done the baker our of his ducks;" coming some little distance further he pulled out a watch, and held it to his ear some little time, and cries"tick, tick, I have got the baker's watch;" he was exclaiming loudly against Taylor; he said he had been asleep; that he had not been doing art acting part; that he was asleep while he was doing the baker out of his ducks; we then proceeded on the journey, a conversation took place, but I paid no more attention to any thing that was said; when I came to Hammersmith, where we stopped to water, his coat hung over the roof of the coach, and I saw one of the ducks almost out of the prisoner's pocket.

Q. What colour was that duck? - A. A white duck.

Q. Did you make any observation to him at that time? - A. I said, my good fellow, if you don't look sharp you will lose the ducks that you have stole; he said no, he would take care of that, or something of that kind; he then took his coat up, put the duck in his pocket, and sat down again.

Q. Did he say any thing denying that he had stole the ducks? - A. No; that he had done the baker out of the ducks.

Q. When you charged him with that, repeat again what was his answer? - A. I cannot immediately recollect; I think he said, no, I will take care of that.

Q. You journeyed on together? - A. Yes; to the Bell Inn, Holborn.

Q. Had you any further conversation with the prisoner? - A. Nothing more concerning the ducks; he went into the house at the Bell, and called for some porter; I came in to take my money of him, and drank some porter with him.

Q. Did any thing more of this transaction occur between you? - A. Nothing more.

Q. Did you give information of this to any body? - A. Yes; to Mr. Wager, who keeps the Duke's-head at Bedfont, where I took the prisoner up; I exclaimed to Wager, when I went down in the afternoon of the 23d; why you are as big a rogue as the man, to let the man rob the baker of his ducks; says I, he had given him a goose, and they have stole two ducks; he said the baker had been enquiring after them, or some such thing; I thought they might have told Wager as they had done me.

Q. Did you give any information after this to any Magistrate? - A. Not till I came to Bow-street.

Cross-examined by Mr. Knapp. Q. What coach do you drive? - A. The Egham coach.

Q. Did you know Spurling before? - A. Yes.

Q. Had you a full coach? - A. No; four or five outsides; I cannot recollect what insides; I think have were four outsides.

Q. Whatever this prisoner said to you, he said

loud enough for every body else upon the coach to hear? - A. Yes.

Q. He was bragging that he had done the baker out of his ducks? - A. Yes.

Q. He never made use of the word steal at all? - A. No; only that he had done the baker out of his ducks.

Q. And this he did so publicly, that you as well as your four or five outside passengers might her? - A. No doubt.

Q. You yourself gave no information at all to a Magistrate till you came to Bow-street? - A. Not a bit.

Q. That was the 17th of August? - A. I believe it was, I cannot positively say.

Q. And the day this expression was made use of was the 23d of July? - A. Yes.

Q. In the afternoon you mentioned it, when you went down to Mr. Wager? - A. Yes.

Q. The prisoner was not taken up then? - A. No.

Q. Though you had represented that he had done the baker out of his ducks, he was not taken up till you were at Bow-street? - A. No; I never saw the man again till I got to Bow street, except once.

Q. Did you know where he lived? - A. Yes; he gave me his card at that time.

Q. And after boasting of what he had done upon the top of the coach, he gave you a card? - A. Yes.

Q. In the course of going to town, I take it that it is very frequent for people to drink with each other (I mean no imputation, I have road upon a coach-box myself before now)? - A. Yes.

Q. Perhaps you might drink with them? - A. Not till I got to the Bell-Inn, Holborn.

Q. Did you drink with them at the Bell? - A. Yes.

Q. And would again, perhaps, if you had gone with him again? - A. Very probably, no doubt of it.

Q. Do you mean to say, that at any time he admitted he had stole the ducks? - A. No; not the word stole.

Q. Do you recollect Scoldwell coming down again by your coach? - A. No; I don't recollect any hung about that.

Q. You know where the baker lived? - A. Yes.

Q. And you know where Scoldwell lived? - A. Yes.

Q. Though you told Wager, did you ever see the prosecutor between the 23d of July, and the 16th of August? - A. I don't know the day of the month, it was the day before I went to Bow-street.

Q. Had you any conversation with Spurling at all after, till the day before you were at Bow-street? - A. No; it was out of my way to stop at his house.

Q. Did he say he had stole the watch? - A. No; he had got the watch; I understood from him, that he had got the watch and leases, and things as security for the debt, and that the ducks he had done him out of.

Q. You came to London afterwards, and then set him down at the Bell? - A. Yes.

Q. You know Bow-street pretty well, I don't mean any reflection? - A. Yes.

Q. Did you go before the Magistrate and give any information of it? - A. Not till the 16th, I think it was.

Q. The coach came to the Bell-inn, Holborn; did you tell the people there of it? - A. Yes; it was publicly spoken of that day there among the people in the inn.

Q. And yet, though it was so publicly spoken of first of all, upon your coach, afterwards you mentioning it to Wager, and afterwards at the Bell inn, Holborn; the prisoner was not taken up from the 23d of July till the 16th of August? - A. I believe it was never made known to the prosecutor for three weeks after.

Q. It was a thing of public notoriety in the country? - A. No; only to Mr. Wager.

Q. It was notorious in London? - A. Only at the Bell; I dare say it did not go beyond that; it was publickly known in the public room.

Q. Did you say nothing of it in the yard? - A. I don't know but I might, I don't think I did.

Q. Will you swear you did not mention it in the yard? - A. No.

Q. Is there a more public inn in Holborn, or more coaches go from any inn, except the George and Blue-Boar; is there a more public inn than the Bell? - A. No, I don't know that there is.

Q. You will not take upon you to swear you did not mention it in the yard? - A. No.

Q. Where did you mention it, in the taproom? - A. Yes.

Q. How many persons might there be? - A. There might be six or seven people there.

Q. Do you live in London? - A. No; at Egham.

Q. You don't know the Public-Office in Hatton-street? - A. Yes.

Q. That was pure and handy to the Bell-inn, Holborn? - A. Yes.

Q. You did not go there to give any information? - A. No, it was no business of mine.

Q. You did not go there? - A. No.

Q. Nor any body else to your knowledge-nor did you attempt to stop him? - A. No, he went about his business.

Q. And you never saw him till the 16th of August? - A. I had no business with the prisoner.

Mr. Ally. Q. You were asked, whether he admitted he stole the ducks, and you say, he did not? - A. Yes.

Q. Was it in consequence of your not being certain that the man had stole the ducks, as you had no other proof of it, except your own conversation-was it in consequence of that also, that you thought you were not authorized in taking up this man? - A. To be sure I did not, I had no right to take the man into custody.

Q. You were not certain he had stole the ducks? - A. No; only from his own confession.

ELIZABETH TYLER sworn.

Examined by Mr. Ally. Q. Were you servant to the prosecutor on the 22d of July last? - A. Yes.

Q. Do you recollect, that day, seeing the prisoner at your house? - A. Yes.

Q. Do you recollect what time it was the prisoner left the house? - A. I cannot recollect the hour justly; it was in the morning.

Q. Do you recollect from any direction you received, going into the stable? - A. Yes, to see if the horse had eat his corn; that was while the prisoner was in the house; and I saw the ducks then, and never saw them afterwards.

Q. What colour were they? - A. White.

Q. Were you present during the conversation between your master and the prisoner? - A. Yes.

Q. During that time, did your master give the prisoner, promise to him, or was any mention made about those ducks? - A. No; there were no ducks mentioned.

Cross-examined by Mr. Knowlys. Q. You are servant to Mr. Spurling? - A. Yes.

Q. Do you remember the prisoner being there? - A. The prisoner was there.

Q. When did Mr. Wager come to your master's house? - A. I don't recollect Mr. Wager coming.

Q. How often have you heard your master talking about these things? - A. I never heard him talk of it till he came to town.

Q. You never heard him mention that the ducks were stolen? - A. No.

Jury. Q. Did he never mention he had lost them? - A. We often wondered where the ducks were gone to, but never could hear.

Court. Q. What passed from your master about them? - A. He did not say much about the ducks.

Court. Q. Did he know that they were lost; or did he say any thing about them? - A. He knew they were lost, because I mentioned it to him after the prisoner was gone in the morning, about half an hour after he was gone.

Jury. Q. Did your master go about any where to enquire for the ducks? - A. No.

WILLIAM WAGER sworn.

Examined by Mr. Ally. Q. Do you keep the Duke's-head at Bedfont? - A. Yes.

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

Q. You came up to give bail for the prosecutor? - A. Yes; at the prisoner's house.

Q. Was any thing said about these ducks? - A. Yes; on Tuesday the 16th of August, I went to Mr. Scoldwell's house, and he asked me where the baker was; I told him gone into the city about some business; he said, he wanted him there; I said, "What for?" he said, "to lock him up;" I asked him what he could want to lock him up for, was not I come to give bail? he said; he must do his duty and lock him up. I told him to come with me into the city, and we should meet him. I asked him how he came to do the baker, out of his ducks; his wife said, "what ducks;" I told her two ducks that the baker had missed, and Mr. Sadler informed him that he had them; his wife said, she was sure he had brought no ducks there. When he and I came out, he said, "damn you, why did you mention to my wife about the ducks; do you think that I take every thing home to my wife that I get, says he, I had them dressed before I got home.

Q. Did he deny, or did he admit that he had the ducks? - A. He owned he had the ducks; he said, he had them dressed before he got home. I kept joking him about the ducks all the way; and afterwards he told me to hold my tongue about the ducks, and if I did not, he would be damned if he would not go out of the room, and not come in any more; he pulled out the bail bond from his pocket, and threw it upon the table, and said, he would be damned if he would not tear it, and lock up the baker.

Cross-examined by Mr. Knowlys. Q. You are a neighbour of Mr. Spurling's? - A. Yes.

Q. You go there almost every day? - A. No; not for a week together, and more than that sometimes.

Q. He frequents your house? - A. Not very often, sometimes not for a month.

Q. How far is it from your house to his? - A. Three hundred yards, or somewhere thereabout.

Q. Do you know Mr. Sadler the coachman? - A. Yes; very well.

Q. You never heard of these ducks before you went to town? - A. Yes; it might be a week or ten days after the prisoner had been down there the first time.

Q. How long, after the prisoner had been down

there the first time, did you hear any thing from Mr. Sadler? - A. I cannot say.

Q. The same day? - A. No; it was not, I am sure, the same day.

Q. Was it the next day? - A. I cannot say, it might be a week or ten days.

Q. Was it the same day or not? - A. I am sure it was not the same day that the prisoner went up with Mr. Sadler that he told me about the ducks.

Q. It was no secret to you that the man had stole the ducks? - A. Yes; it was for some time.

Q. When was it you learnt it? - A. I cannot tell.

Q. I know you are his bail? - A. Yes, I am.

Q. When did you speak to Mr. Spurling about this? - A. The first time I saw him after Mr. Sadler told me, and that was some time first.

Q. How long after Mr. Sadler had told you did you tell Spurling of it, upon your oath, one, two, or three days? - A. Upon my oath, I don't know.

Q. This is an important enquiry, and I expect an attentive and serious answer; upon your oath, when did Mr. Sadler tell you? - A. Upon my oath, I don't know.

Q. How long before you came to London? - A. I don't know.

Q. How long before you came to London to give bail was it that you heard from Mr. Sadler that this man had stole the ducks? - A. I cannot tell.

Q. Was it a week after? - A. It might.

Q. Was it a fortnight? - A. I cannot tell.

Q. Do endeavour to recollect something about it? - A. I cannot.

Q. Did you ever hear of Mr. Spurling having sustained any injury? - A. I heard he had lost the ducks.

Q. How long before you went to London? - A. I did not go to London till some time after.

Q. Was it before or after Mr. Sadler told you of it that you heard it from Mr. Spurling? - A. Before Mr. Sadler spoke of it.

Q. That you are sure of? - A. Yes.

Q. Did Mr. Spurling tell you whom he suspected? - A. No.

Q. Did Mr. Sadler tell you whom he suspected? - A. No.

Q. Upon your oath, did Mr. Sadler tell you whom he suspected did take the ducks? - A. No, he did not; Mr. Sadler told me that the prisoner had the two ducks.

Q. Then Mr. Sadler told you that the prisoner had taken the ducks? - A. Mr. Sadler told me that Scoldwell had done the baker out of the two ducks.

Q. Mr. Sadler did not tell you he had stolen the two ducks? - A. No.

Q. When did Mr. Sadler tell you that? - A. I cannot say.

Q. When did he tell you? - A. I don't know.

Q. How long before you came to London? - A. It might be a week before that.

Q. Do you believe it was no more than a week? - A. It might be a week.

Q. Don't you believe it was three weeks before that? - A. I do not.

Q. Are you sure it was not three weeks before you went to London? - A. No; it was not.

Q. You stick to that; you are sure of it? - A. Yes.

Q. And you are as sure of that as of any thing you have said? - A. Yes.

Q. As your house is only three hundred yards from Mr. Spurling's, when did you communicate this to Mr. Spurling? - A. I cannot tell; I did not make it my business to seek after Mr. Spurling to tell him of it.

Q. Was it the day after? - A. I cannot say.

Q. A week after? - A. Yes, above a week.

Q. Though you heard your neighbour had lost his ducks, and though you could explain it, you did not think fit to let your neighbour know? - A. I did not know but Mr. Sadler might be joking, as he often is joking as he goes along; he did not stop to tell me of it.

Q. When did you tell Mr. Spurling of it? - A. When I came to London.

Q. Not before? - A. I cannot say; I told him as we came to London.

Q. Did you see him half-a-dozen times before that? - A. I cannot say.

Q. Had you seen him once before that time? - A. I don't know how many times.

Q. Had you seen him at all before that? - A. When I saw him, I told him of it.

Q. When did you tell him of it? - A. When I saw him.

Q. When did you see him? - A. Not above a day or two before I went to London.

Q. How often do you think you have seen him, from the time Mr. Sadler told you of it, till you told him of it? - A. I cannot say; I might have seen him a dozen times at a distance; I can see half a mile up our road, but I was not to leave my business to run half a mile after him to tell him.

Q. Did you ever tell him in the number of times that you did see him, till one day before you went to London? - A. I might tell him a day or two before that.

Q. How often did you tell him of it before you came to London? - A. I don't know how many times.

Q. Did you tell him more than once? - A. I have told you, two or three times, how often.

Q. No, you have not; did you tell him more

than once before that time? - A. I might have told him two or three times.

Q. You don't know whether you told him of this fact oftener than once? - A. I do not.

Q. The day before you went to London was after he had been arrested by Scoldwell? - A. Yes; he had been down and arrested him on Saturday.

Q. You went with him to London on the Tuesday? - A. Yes.

Q. Therefore, the day before you went to London with him was on the Monday? - A. Yes.

Q. And that was the day you told him? - A. Yes; I did tell him it on the Monday.

Q. Had you any conversation with Spurling before that, about it? - A. Yes; once or twice before, I might, in the course of a day or two.

Q. How often, before this Monday, had you had conversation with Mr. Spurling about it? - A. I don't know; he never comes to my house hardly.

Q. The man did not deny the possession of the ducks, his only desire to you was, not to let his wife know of it; and said, it was very odd a man could not have a duck without its being dressed by his wife? - A. No; he said, "Damn you, what did you tell my wife about the ducks for, I had them dressed before I came home."

Q. As you heard from Mr. Sadler that this man had taken the ducks, did you never advise the baker to take him up? - A. Yes, a day or two before; it might be of the Monday that I came up of the Tuesday, the baker said, he would, himself; I told him he was to blame if he did not.

Q. You have a Justice of the Peace between your place and London? - A. Yes.

Q. Did you apply to him for a warrant? - A. Yes; but our Justice was in London.

Q. Did he apply? - A. I don't know that he did.

Q. Did he? - A. Not that I know of; he did grant me a warrant.

Q. That was after all the business passed in London? - A. Yes; the day after I had given bail for him.

Q. Did you apply to any Magistrate in your district before you gave bail for him? - A. No; it was not my business.

Q. Did he apply? - A. He did not tell me; nor I did not ask him.

Q. You thought Mr. Sadler was joking about it? - A. Yes.

Q. And the prosecutor was joking him about it the day before he took him up? - A. I don't know that he spoke jokingly.

Q. Did not you speak jokingly of it? - A. No; for I was in earnest.

Q. Did you say you were joking or not? - A. Yes; I told him of it, I suppose, twenty times.

Q. Did you say you spoke to him jokingly of it? - A. Yes; it was a true joke as I meant; I thought he had robbed the baker of them.

Q. Is it true that you spoke jokingly to him of it? - A. I tell you it was a true joke.

Q. Is it true that you spoke jokingly to him of it? - A. I have told you twenty times already.

Q. Is it true, that you spoke jokingly to him of it? - A. I supposed that he stole the ducks, that made me mention it to him.

Q. Is it true, that you spoke jokingly to him of it? - A. There was no joke in it.

Q. Is it true, that you spoke jokingly to him of it? - A. It was a rum joke to rob a man, I think.

Q. Is it true, that you spoke jokingly to him of it, upon the oath you have sworn? - A. I did not mean it as a joke.

Court. I don't see how he can explain it more than he has done; you are examining him upon a particular term, which term is excessively ambiguous; get at the facts, and then all the world will judge whether it was meant jokingly; I don't think any man can give an answer to it.

Mr. Knowlys. I should not have used the term if he had not put it himself.

Q. What time did you leave him after dinner? - A. Three or four o'clock in the afternoon.

Q. Did any of you go to Bow-street, or any office in London, to take him up? - A. No; we had a Magistrate lived at our own place, and we wanted to get home; it was late before we got our business done.

Q. Did he go with you to do your business? - A. Not to every place; he might stop at the door perhaps.

Q. You did not apply to any Magistrate for a warrant? - A. Yes; at Bedfont the next morning.

Q. Did you get your warrant there? - A. Yes.

Q. Did you part friends at the Red-lion? - A. He could not part very good friends with a man that had been robbing him, I think.

Q. Did you eat and drink together? - A. Yes.

Q. Did not you shake hands at parting? - A. No, not in such good friendship as that; there was not much friendship while we were at dinner.

Mr. Ally. Q. The next day you got a warrant? - A. Yes; from Mr. Anderson.

Q. He attended afterwards at Bow-street? - A. Yes.

Q. He is a Magistrate of the county? - A. Yes.

Q. We have heard a great deal about dates; do you keep a day-book to enter conversations in? - A. No, I don't.

JOHN TAYLOR sworn.

Examined by Mr. Ally. Q. Did you attend the prisoner Scoldwell, as a follower at any time, and went to arrest the prosecutor? - A. Yes; the 22d of July last.

Q. Do you recollect the prosecutor giving any

ducks to the prisoner while you were there? - A. No, I am certain he did not.

Q. You had no conversation at all about ducks? - A. No.

Q. When you were returning, did the prisoner say any thing to you when you were coming home together? - A. Yes; he said to me, coming out of the house, "look here, you damn'd sleeping humbug, I have got two ducks backwards, while you Have been asleep."

Q. Then you came up to town together? - A. Yes, we stopped at the Duke's-head.

Q. And some conversation took place between the coachman and the prisoner? - A. Yes, upon the coach; the prisoner said to Mr. Sadler, "I have been arresting one of your neighbours down at Bedfont; the answer was, "who was it, Mr. Spurling, the baker?" and, says he, "I have made a good thing of it; I have got a 40l. note, I have got his lease, I have got a watch, fifteen guineas; a pocket full of halfpence, he has given me a goose, and I have done him out of two ducks."

Q. I believe you afterwards gave information at Bow-street? - A. No, never in my life.

Q. You were at Bow-street, however? - A. Yes.

Q. And you stated at Bow-street, the same that you have stated here? - A. Yes.

Cross-examined by Mr. Knapp. Q. The prosecutor did not give Scoldwell any ducks? - A. Not to my knowledge.

Q. You don't know either one way or the other, you went to sleep? - A. I had a nap in the kitchen, to be sure.

Q. You will not take upon you to swear whether he gave him any ducks, or not? - A. I could not, while I was asleep.

Q. You have said, though before that, he did not give him any ducks? - A. Not to my knowledge.

Q. While you were asleep, whether he gave him any ducks or not, you don't know? - A. When a man's asleep, you know he cannot see.

Q. There was no conversation then about the ducks that you heard? - A. No.

Q. If there had been a conversation, of course you will answer me in the same way; that while you were asleep, you could not hear it? - A. No.

Q. The prisoner, Scoldwell, had this conversation with you coming out of the prosecutor's house, about the ducks? - A. Yes.

Q. Was any body by at the time? - A. Only him and me.

Q. You had hardly got out of the house? - A. Yes; we might have got ten yards from it; it might be ten or twenty yards.

Q. You took the prisoner back; did not you, when you heard he had got the two ducks from the prosecutor? - A. No, I was only his servant.

Q. You don't take your master back, when he has told you he has committed a felony? - A. No.

Q. You did not tell Mr. Spurling? - A. No; not till he came down to be bailed, three weeks, or a month after.

Q. So, though you heard this conversation, you never told Mr. Spurling till he came to be bailed for the second action? - A. He knew all that before he came up, he knew it without my telling him.

Q. Do you remember bringing the ducks yourself in an handkerchief out of the yard? - A. I did not; how could I, when he had them in his pocket all the time.

Q. How long have you been in this line of being a follower to the bailiffs? - A. I have been with him as an assistant since last Michaelmas.

Q. Have you ever been lucky enough to be an officer? - A. Yes; I was partner with Mr. Griffin, if you know that gentleman, and kept a very comfortable house in Covent Garden.

Q. How long have you ceased to be an officer? - A. Since 1794.

Q. And you have taken up the office of a follower? - A. Yes, by my good nature.

Q. You were discharged from your office? - A. No, I was not; the reason I left my office was, I was drawn in by a kidnapping captain.

Q. You ceased from 1794 to be a bailiff; and then have ever since carried on the office of a bailiff's follower? - A. No; till last Michaelmas, when I was taken ill, and then I returned to my office with credit.

Jury. (To Spurling.) Q. Whether he threatened to take you to Newgate before you ran away? - A. Yes, he did; and my wife was in sits upon the floor at the time; and he took me by the collar and said, I should go; none of your sits, you shall go directly.

Prisoner's defence. I never mentioned any thing at all concerning taking that man to prison till after he had run away from me.

For the Prisoner.

RICHARD BARB sworn.

I am a tallow chandler, in Seymour-street, Portman-square; I have known the prisoner near upon four years.

Q. What character as he borne for honestly during the time you have known him? - A. He has been an Excise-officer, and surveyed me two years and an half, and always behaved extremely well.

Q. You became security for 2000l. for him? - A. Yes.

Cross-examined by Mr. Ally. Q. He has been discharged from that office? - A. Undoubtedly he must be discharged from the Excise, or he could not have been in the office that he is in.

GEORGE FOXWELL sworn.

I live in Goswell-street; I am a grocer and tea-dealer; I have known the prisoner thirteen or fourteen years; he is an honest man, a tender husband, and an indulgent father.

Q. You have been his security for 2000l? - A. Yes; and would freely take him into my house tomorrow.

Cross-examined by Mr. Ally. Q. Did you study that speech before you came into Court? - A. I am a volunteer in the business; I am not subpoenaed.

Q. Did you consider those words before you came into Court, or do they flow from you freely? - A. They flow from me freely.

Mr. Knowlys. Q. Are they the real sentiments of your heart? - A. Yes.

JOHN TUTTON sworn.

I am a maltster at Chelsea; I have known the prisoner, Scoldwell, 15 years; I always found him an honest and sober man.

WILLIAM NAPIER sworn.

Examined by Mr. Knapp. I am a biscuit baker in Theobald's-road: I have known the prisoner about a year, or a year and a half.

Q. During the course of that time have you ever heard any thing against his honesty or humanity? - A. I never heard any thing against his honesty or humanity; his house is considered as a nuisance in Gloucester-street, on account of his business.

Cross-examined by Mr. Ally. Q. His house is considered a nuisance? - A. Yes.

Mr. Knapp. Q. You have been asked by the Counsel for the prosecution, whether this house is a nuisance; explain yourself whether you mean a nuisance with respect to the prisoner being the owner of it, or as a lock-up-house? - A. The house, independent of the man, it being a very genteel street; and Mr. Spurling has told me that he never would have prosecuted the man if he had not been advised to it.

Jury. Q. Did Spurling deny the fact of having been robbed, or merely said, he would not have prosecuted if he had not been advised? - A. He told me he did not suspect the prisoner stealing his ducks in the first instance; and then said, he would not have prosecuted the man, if he had not been advised to it by one person, meaning the publican, Wager.

Q. But he said he had lost his ducks? - A. Yes.(The Jury requested the letter to be read acknowledged by the prosecutor to be his writing.

"Sir,

"I am very sorry that I cannot come on Wednesday, being my wife is very ill, and is not delivered yet; but I can send you the money by the Egham and Staines coach on Monday morning; and send the little bit of salmon as you promised."

JOHN ALLEN sworn.

Examined by Mr. Knowlys. I am a cheesemonger at Holborn-bars; I have known Mr. Scoldwell about twenty-one years; I never heard any thing against his honesty in my life; I have given security for him for 2000l.

Q. If he was acquitted of this, would you continue your security for him? - A. I don't know that I would be security for any man for 2000l. again; but not out of any bad opinion of him.

MARY BUTLER sworn.

Examined by Mr. Knowlys. I keep the Queen's-head, Tavistock-row: I have known the prisoner about a twelvemonth; he bears a very good character for any thing I know.

JOHN CLIFFE sworn.

Examined by Mr. Knapp. I am an attorney; I have known the prisoner between two and three years; I never knew him otherwise than a very honest man; he has executed warrants for me, and I always found him very punctual.

Mr. Ally. Q. Are you concerned in the defence? - A. No; nor am I subpoenaed.

Mr. Knapp. Q. Do you know any thing of Taylor? - A. Yes; between three and four years.

Q. From what you have known of Taylor, would you believe him upon his oath? - A. By no means.

One of the Jury (Mr. Edward Fell). I wish to speak to the character of Taylor myself. (He is sworn).

Court. Q. It is a very serious and solemn thing that you are going to swear; all that is allowed to be sworn is this, that from your knowledge of him he is a man that ought not to be believed upon his oath? - A. I would not.

Cross-examined by Mr. Ally. Q. Have you ever known Taylor sworn as a witness in a Court of Justice? - A. Never.

Q. Did you ever hear him take a false oath? - A. No; I have employed him as an officer.

Q. Upon the oath you have taken, did you ever know Taylor sworn, before he was sworn here? - A. No.

Q. Then having never known him to take a false oath before, how can you take upon yourself to say that he ought not to be believed upon his oath? - A. He has received money from me as a Sheriff's officer, which he denied to his partner; and I proved by my book-keeper that he had received the money.

Q. Did you yourself see the money given? - A. Yes; and it is entered in my book.

Q. It was a cause of your own? - A. Yes; a cause of a hundred and odd pounds; he denied to Mr. Griffin that he had received a guinea.

Q. Were you present? - A. Yes; I considered

him as an officer upon his oath, and that what he did was upon his oath as an officer.

Q. It was money beyond his regular see for his extra trouble? - A. Yes.

Q. Don't you know it is not regular for officers to take that, and therefore they naturally deny having taken it? - A. To his partner, I always considered he would say that which was truth.

Q. Then from these circumstances you undertake to say, you would not believe him upon his oath? - A. I would not.

The Jury having retired half an hour, returned with a verdict of GUILTY . (Aged 41.)

Transported for seven years .

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960914-7

464. JOHN FISHER was indicted for forging and counterfeiting the stamp of the Goldsmiths Company , the 27th of June . (The indictment was opened by Mr. Trebeck, and the case by Mr. Fielding).

It appeared in evidence that at the prosecutor, John Wilkes , had ought tea spoons of the prisoner with a false stamp, but not being able to swear that the spoons produced were the same that he bought of the prisoner, he was ACQUITTED .

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

Reference Number: t17960914-8

465. ELIZABETH RICE was indicted for feloniously stealing, on the 26th of August , seven pair of men's leather shoes, value 30s. and thirty pair of women's leather shoes, value 4l. 10s. the property of John Tibbett .

It appearing in evidence that the shoes had been stolen by the prosecutor's servant, who had been convicted on a former indictment, and that the prisoner was the receiver of them, found her. NOT GUILTY .

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

Reference Number: t17960914-9

466. SAMUEL PRATT was indicted for feloniously stealing five shillings , the property of John Field , the elder , John Field , and John Field , the younger , August the 3d .

JOHN FIELD , the younger, sworn.

I am in partnership with John Field , my father, and John Field , my cousin, we are seedsmen ; the prisoner was our warehouseman ; we had some suspicion of him, and in order to detect him I gave five marked shillings to a neighbour, Mr. Adam.

WILLIAM ADAM sworn.

I am servant to Alexander Adam , an orange-merchant, Lower Thames-street: On the 3d of August, about twenty minutes after eight in the morning, I went to Mr. Field's and bought half a bushel of canary seed of the prisoner, and paid him five shillings for it, which I received of Mr. Field; I took no particular notice of the money; about half an hour after Mr. Field sent for me, and asked the prisoner if I was not there while he was out; he said I was, and paid him five shillings for half a bushel of canary seed; Mr. Field asked him where the money was, the prisoner said, I put the money in the till, you were at the till, you may have taken it out, for all I know; on questioning him further about it, he said, he had said all he should say, he should say no more; Mr. Field then gave charge of him, and I went home.

Cross-examined by Mr. Knapp. Q. Being warehouseman, it was his duty to sell you any thing you wanted? - A. Yes.

Q. Was there any body else in the shop? - A. When I was paying the prisoner, a little boy came in.

Q. Do you remember the boy asking for some matting? - A. No; I did not observe what they were talking about.

Mr. FIELD called up again.

Q. Had you marked the money? - A. No, it was already marked; I know the money I gave to Mr. Adam; at eight o'clock, I sent all the men to breakfast, but the prisoner; I then went and gave Mr. Adam the money, to go for half a bushel of canary, and waited till he came back; when I returned home, I asked the prisoner, if any body had been there in my absence, he said, not any body had been there; I asked him again, and he again told me nobody had been there; I then went for Mr. Tibbs, a constable, and Adams came soon after, and we went into the counting-house, and asked the prisoner, before Tibbs and Adams, whether any body had been there since I had been out; he said, no; but recollecting himself, he said, a man had been for half a bushel of canary, upon which, I asked him for the money, he said, he had put it in the till before I went out; I had emptied the money out of the till, so that if it had been there, I must have seen it; Tibbs asked him what money he had about him, and he pulled out two shillings; I looked at it, and saw it was no part of the money I gave Adam; I gave charge of him to Tibbs, and bid him take him to the Compter; after staying a long time in the shop, the prisoner went down the cellar stairs, and took the money from under the stair, and said, "here is the money," he gave it Tibbs, and said, it was the five shillings he received for half a bushel of canary; I have not seen the money since, I should know two of the shillings again.

Q. Had you made any promise, or said any thing to induce him to confess? - A. No, I did not.

Cross-examined by Mr. Knapp. Q. He was entrusted

to sell goods before this time? - A. Yes, occasionally, when the other men were at breakfast.

Q. You looked upon him as accountable to you for the money he took? - A. Certainly.

Q. This was a scheme to catch the prisoner? - A. Yes.

Q. After a denial several times, he produced the money from under the stairs? - A. Yes.

Q. So the money had not been out of the house? - A. No.

Q. You looked to him for the produce of all he sold? - A. Yes.

Q. How were the two shillings marked that you can speak to? - A. One with a figure of 3, and the other was a battered shilling.

Q. Have you never seen shillings in the course of exchange with figures on them? - A. I certainly have.

Q. I need hardly ask you if you have seen battered shillings? - A. I certainly have.

NATHANIEL TIBBS sworn.

On the 3d of August, I was sent for by the prosecutor, to take charge of the prisoner for robbing him; Mr. Field asked him what silver he had, he said, only two shillings, which he produced; I took him into custody; the prisoner went to the cellar stairs, and went a stair or two down, and put his hand under the stairs, and took out five shillings, and gave them me, and said, there is the five shillings, that I received for the canary seed; I tied it up that very minute, and it has never seen sun nor moon since I put it together, (the five shillings were produced).

Mr. Field. These two I can swear to, I believe the other three are the same I gave Mr. Adam, to give to the prisoner.

Q. (To Adam). When you paid him the five shillings, what did he do with it? - A. He put it on the counter, and his hand over it.(Mr. Knapp, on the part of the prisoner, contended that this was a fraud only, not a felony, but the objection was over-ruled by the Court).

Prisoner. I leave my defence to my Counsel.(The prisoner called three witnesses, who gave him a good character). NOT GUILTY .

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17960914-10

467. JAMES QUINN was indicted for burglariously breaking and entering the dwelling-house of John Morgan , on the 14th of August , about the hour of twelve in the night, and stealing three cloth coats, value 20s. two pair of breeches, value 2s. 6d. two aprons, value 1s. a man's hat, value 2s. 6d. a cotton frock, value 1s. a cotton gown, value 8s. and a black stuff petticoat, value 6s. the property of the said John Morgan , in his dwelling-house .(The witnesses were examined apart, at the request of the prisoner).

JOHN MORGAN sworn.

I live near the Rosemary-branch, in the parish of Islington , the house is given me gratis by my master; I pay no rent for it; I am a day-labouringman ; on Saturday night, between the hours of twelve and one, I cannot recollect the day of the month, I am no scholar, it was a month last Saturday; I had all these articles in my house, the house was fastened up a few minutes after twelve, I went to bed between twelve and one, I have a wife and child, there was nobody else in the house; my wife fastened the windows and doors, she was last up, I went to bed a few minutes before her, I saw them last before I went to bed; I awoke about five in the morning, to the best of my knowledge, and saw the window wide open before I got out of bed; I slept on the lower floor, the window draws aside, it has shutters on the outside, and bolts within; when I went to bed the shutters were shut, and the bolts bolted; I told my wife she had not shut the window over night, she said she did; I was in a fright, and did not reflect that I had seen it shut. I saw the shutters had been wrenched open, the shutters go on hinges, and the bolt is in the middle between the two window-shutters, the place where the bolt goes in was torn up.

Q. Was the window big enough for a person to get in? - A. Yes; I missed the things mentioned in the indictment, they were some of them in a basket; I went in pursuit of my property, and from some information I received; between twelve and one on Sunday morning I went to the house of Patrick Dunn , in Little Gray's-Inn-lane, and there I found all my things, except what the prisoner had on his body; Thomas Riley went with me; we waited there till past one, when the prisoner came in with Mr. Dunn; he had my coat, waistcoat, hat, and shoes on, I gave Day the constable charge of him; he has got the things.

Q. Did you know the prisoner before? - A. Yes; he was a labouring-man, he worked with me, and had lodged a mouth with me, but went away a fortnight before this happened.

Court. Q. Had you seen him on the Saturday night? - A. Yes, at the Whitmore's head, Hoxton; we parted between eleven and twelve at the door, and I went home.

PATRICK DUNN sworn.

I live at No. 23, Little Gray's-Inn-lane; the prisoner came to my house on Sunday morning was month, between five and six o'clock, I was in bed, he called me up, and desired me to let him leave a bundle there till he could get a lodging; he said, he was after coming from the country; and that his wife had been dead a month back, he left the

things tied up in a bundle, in a basket; he dressed himself out of the bundle, and went to prayers along with me; when we came back, Morgan and the constable were in the house, and they stripped him as soon as he came in; what he had not on his back, were in the place where he left them; the constable has got them.

Prisoner. Q. What made the prosecutor offer the constable half-a-guinea to let me go about my business? -

Court. Q. Did any thing pass about half-a-guinea? - A. I did not hear Mr. Morgan offer half-a-guinea.

Q. Did you hear any body offer half-a-guinea? - A. No.

Prisoner. Yes, he did; and that man offered half-a-crown out of his pocket.

Q. Did you offer any money? - A. No; not a farthing.

WILLIAM DAY sworn.

I am a constable: On the 14th of August, I was sent for to No. 23, Little Gray's-Inn-lane, to the house of Patrick Dunn; I found nobody in the house but Dunn's wife, and a child, and Thomas Riley , a friend of Morgan's. Mr. Morgan came in first, and in about twenty minutes Dunn came, and the prisoner after him; Morgan said, "I give charge of that man for entering my house;" and I took him into custody; he had a hat, coat and waistcoat, and shoes and buckles, on, that Morgan claimed; he immediately stripped the things off, freely, but made no answer at all; there was a basket lying near a chest-of-drawers, there was one great coat, one close-bodied coat, two pair of breeches, a cotton gown, and a quilted petticoat, in it; the things are all here.

Prisoner. Q. Ask him if Morgan did not offer him half-a-guinea to let me go? - A. I never heard a word of it mentioned.

Jury. Q. Did the prosecutor express himself to be sorry for having given you charge of the prisoner? - A. No.

THOMAS RILEY sworn.

I went with the prosecutor to Patrick Dunn 's to look for his things, I was there when the prisoner came in, I saw the things taken from him; I guarded the door that the things should not be taken out while I sent for a constable.

THOMAS DORAN sworn.

I was with the constable when he stripped him of the things. (The things found on the person of the prisoner were produced by the constable.)

Prosecutor. This is my coat, it is ripped in the sleeve because I had a bad hand; this is my waistcoat and hat; the hat has several marks in it, it is all wet and dirty in the inside, I have had it half a year. (The things found in the basket were produced, and deposed to by the prosecutor).

Prisoner's defence. My Lord, I was going, on Sunday morning about five o'clock, to Rosemary-lane, to buy some articles to wear to go to the harvest to work, and as I was going, I did not know the way properly to Rosemary-lane, I met a man, and asked him the way; he asked what business I had there? I told him I wanted to buy some articles to wear, he had this bundle; says he, perhaps I may deal with you as cheap as any man in Rosemary-lane; I told him I had as leave buy from him as in Rosemary-lane, as I wanted to get on my journey in the morning; accordingly we went into a public-house, and had a pot of beer, he shewed me the cloaths, and I asked him what he would have for them, he asked a guinea and an half, I told him, I could not afford no such money; with that, he asked me what I would give him; I told him I would give him eighteen shillings for what he had of them, and he gave them to me for nineteen shillings, and I bought them of him; with that, I returned back again and went to Pat Dunn's. I called in at his house, as I was going into the country, and he and I walked out, and had a couple of pots of beer, and went to the chapel, and when we came back, these gentlemen were in the house; I did not attempt to hide them, I had no suspicion they were stolen at all. I had my witnesses here two or three days ago, but as I was arraigned two or three days ago, I thought I should have no occasion for them to-day.

GUILTY

Of stealing the goods to the value of 39s. but not guilty of breaking and entering the dwelling-house .

Transported for seven years .

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

Reference Number: t17960914-11

468. JOSEPH HODGES and RICHARD PROBIN were indicted for feloniously stealing, on the 7th of July , in the dwelling-house of Henry Chorley , a Bank-note, value 100l. the property of William Headley .(The case was opened by Mr. Knowlys).

WILLIAM HEADLEY sworn.

Examined by Mr. Knowlys. I am an ironmonger in Cambridge; I was in town on the 7th of July.

Q. Do you know the prisoners at the bar? - A. Yes; I know them both; On the 7th of July, I was going from Shoe-lane to the Angel-inn, the back of St. Clement's, to take a place on the outside of the coach, to go to see my brother in Wiltshire; as I got near Butcher-row, I was overtaken by Hodges, the man in blue; I was looking up at

the buildings at the time, he said, they were very bad in repair; I said more than that, they were very dangerous to pass.

Q. Did you begin the conversation with Hodges, or he with you? - A. He with me; he told me there was an act of Parliament to take the buildings down, and I went to take my place up the Angel yard.

Q. Did you imagine you had parted with him? - A. Yes; after I had taken my place, I was going to Vere-street, Clare-market; I turned to my right hand, and overtook him again in Clare-market; I staid at Mr. Gardener's, in Clare-market about ten minutes; when I came out, I went towards Portugal-street, to go to my friends in Shoe-lane. Near Portugal street, I was overtook by Hodges again; before I saw him, I saw a parcel lying at my right-hand door; he clapped a hazle cane he had in his hand, upon the parcel: he was behind me; he picked up the parcel, and tore away the middle part of the paper, and shewed me the red, which appeared like a pocket-book; he put it into his pocket; he took it out again in about a minute 9 time; and opened the end, and doubled it as large as he could to satisfy me there was some thing in it, and told me he had got a finding; I asked him what it was, and he stopped near Mr. Chorley's, the sign of the Castle, in Portugal-street ; he said that was not a proper place to examine it, if I would go in and have something to drink, he would shew it me; I went in with him; when we went in, Probin was there (that was the first time I saw him), Hodges took the pocket-book out, unfolded it, and produced a receipt from Mr. Smith, which I have had ever since, (producing it).

London, June the 20th, 1796.

Received of John King , Esq; the sum of 320l. for one brilliant diamond cross, by me.

William Smith .

It is upon a four penny stamp; he held it rather under the table, read the receipt, and seemed very much confused and alarmed at finding it; on that he put it into my hand; I read it, and then Hodges asked what we must do with the book and the contents of it; after I had read the receipt, he shewed me the cross, this is the cross producing it;) I told him. I thought it ought to be taken to this William Smith , the jeweller; he confessed himself a good deal at a loss to know what was to be done with it, as he did not approve of that; and asked if I had any objection to its being produced to that gentleman, meaning Probin, there was no other person then in the room; they did not appear, before that, to know one another; I consented to its being shewn to him, and Hodges asked him then to give him his opinion of this finding; Probin addressed himself to us with a great deal of politeness, and said, gentlemen, if you are in any difficulty I will assist you; he asked if we were both together or any body near us, we told him no, we were not; he asked who picked it up; I told him Hodges; Probin then said, he thought Hodges ought to make me a present as being a party concerned with him; Hodges agreed to that proposal, and said he would go to his banker's and get change for some drafts to make me a present, as being with him when the parcel was found; he said he should not be gone more than ten minutes; before he went, Probin said, I think you ought not to take the pocket-book with you; Probin proposed, that while he went to the banker's, it should be left with me; Hodges went, and was gone about ten minutes, and came back very hot; and said he had seen his banker, but his banker was obliged to go to the Change, and he should not see him any more till four o'clock; the business was then put off till four o'clock, and a meeting was appointed at the Angel, the back of St. Clement's Probin asked me where I came from, and I gave him my name and address, and Hodges gave his name and his address; I don't know what name he gave, but he said he came from Worcester, and was in the hop, business; I am certain the name he gave was not Hodges; Probin gave his name as William Jones, No. 7, Charing-cross; Probin then said. Hodges ought to have the pocket-book, and the valuable property in it till four o'clock; Probin then asked what I would leave to have the property left with me till four o'clock; he asked me if I would leave 100l. as a security for my meeting them; I then pulled out some papers I had concealed in my stocking, and took out a bill of 100l. while I was reading the 100l. bill, Hodges took it, and looked at it; it was a Bank bill on demand; Probin took it out of Hodges's hand, turned it over, and examined it; Probin said it was pieced, and would do very well; I left the note in the care of Hodges, and we then departed; Hodges went out with me; I went towards Shoe-lane; he went a yard or two with me, and then we parted; we left Probin in the room; this was about ten o'clock; I have had the possession of the cross and pocket-book ever since.

Q. How soon was it after this that you shewed this cross to any body? - A. Not five minutes; I shewed it to a friend of mine; and from what he said I had an alarm, and went to No. 7, Charing-cross, to enquire after William Jones .

Q. You did not find him? - A. No; about two or three o'clock I went and gave information at Bow-street, and described their persons; this was on the Thursday, and on the Monday following, I saw them in custody at Bow-street; I had been to Wiltshire and returned.

Q. When you saw them on Monday had you

any doubt that they were the persons? - A. None at all.

Q. Have you any doubt now? - A. None at all.

- LAMB sworn.(Produces the Bank-note.)

Q. (To the Prosecutor.) Is that the note you gave to Hodges? - A. It is; I am sure of it; it is the same number, and pieced in the back; (it was read)

Court. Q. How long were you in company with the prisoners? - A. I suppose more than an hour.

Cross-examined by Mr. Knapp. Q. You say you came from Cambridge - A. Yes.

Q. Not from the University, I suppose; you are an ironmonger there? - A Yes.

Q. Had you been in London before? - A. Many times.

Q. To stop long? - A. Perhaps a day or two; and return.

Q. Do you read the newspaper? - A. Seldom.

Q. One would have thought you had not been in London many times? - A. I have not given much proof of it this time.

Q. You did not know either of the prisoners before? - A. Not before the 7th of July.

Q. You did not think it very honest to find a thing of this value and not to advertise it? - A. I proposed to advertise it.

Q. You did not propose to advertise it after you were to have a part of it? - A. I made no claim.

Q. You were ready to take a part of this dishonest claim? - A. He made me a promise of 10l.

Q. You meant to take whatever he would give you? - A. I had not been offered any thing at the time.

Q. If it had been offered to you, did you mean to refuse it? - A. That remained with me.

Q. I will have an answer; upon your oath if it had been offered to you as a part of this dishonest bargain, would you have refused it? - A. I probably should have accepted of something.

Q. What would you have received 10l.? - A No such sum was expected by me, nor half of it; I should have been very well satisfied if he had given me a guinea, or nothing at all.

Q. If you had received a part of it would you have advertised it afterwards? - A. I don't know that I should.

Q. You told me, you had never seen either of the prisoners before? - A. Not before the 7th of July.

Q. Have you always been as certain of their persons as you are this moment? - A. Always.

Q. Have you been in town ever since? - A. No; I came up this morning.

Q. Who have you been talking to? - A. My Friends. I hope.

Q. Have you been talking with the officers of Bow-Street? - A. I have been with the officers, and had some talk with them.

Q. Have you had any conversation with the Solicitor? - A. Nothing more than alluded to the business.

Q. Did not you say, you should know Hodges, and that he had a green striped great coat? - A. I did not say any thing about a green great-coat; I did not take much notice of his cloaths, I did of his person; I mentioned that he was rather meanly dressed, and had a pair of old boots, with turned down tops.

Q. Did you not describe him as having a striped great coat? - A. I am not positive about that, I might say something about his cloaths.

Q. Was not the officer sent from Bow-street to the house of Hodges, to find this great-coat, in consequence of your information, and did not find it? - A. I am not capable of saying any thing to his great coat now.

Q. In consequence of your saying he had a striped great-coat, did not the officer go from Bow-street to search for this great-coat, and did not find it? - A. I cannot take upon me to say, he went in consequence of the information I gave of the man and his cloaths.

Q. Upon your oath, did not the officer go, in consequence of your describing a great-coat? - A. I don't know that he went in consequence of the great-coat, possibly I might mention it.

Q. This conversation between you, and Hodges, and Probin, was in the public coffee-room? - A. Yes.

Q. Anybody might have heard the conversation? - A. Yes.

Q. On finding the pocket-book, Hodges seemed confused, and surprised at the contents of it? - A. Yes.

Q. It was never advertised? - No.

Q. You saw the paper first lie in the street? - A. I cannot say I saw it first, he was behind me; I did not see him till he put his stick upon it.

Q. You say you know his note; how long had you had it in your possession? - A. I took it the day before of Mr. Coxall, the Red-lion, at Red-burn, in Hertfordshire.

Q. Had you noticed the number? - A. I did, when I delivered it out of my hand.

Q. Did you make a memorandum of the number when you received it? - A. No.; I observed the number when he took it out of my hand, and kept it in my mind till I came to a convenient place to put it down.

Q. Don't you know there are other Bank notes of the same number? - A. I don't know; I never had two of the same number; I know it by the number, and being pieced at the back.

Q. Has it not happened to you, in the course of your experience, to see Bank notes before that were the worse for wear, or cut in two, to send by the post, and pieced on the back? - A. I have frequently cut them in halves, and sent them by the post.

Q. Has this been cut, and sent by the post? - A. It appears to me to have been cut.

Q. Did you mention the number of the note at Bow-street? - A. I said I thought I should know the note again if I saw it.

Q. Did you say, at Bow-street, you should know it again by the number? - A. I said, I recollected the number was so and so, and I should know it again if I saw it.

Q. Do you mean to swear now, that you said, at Bow-street, you should know it by the number? - A. I did not make a memorandum of the questions asked me at Bow-street, I don't recollect that; I recollect saying, at Bow-street, I should know it by the number.

Q. Do you mean to swear that now? - A. I mean to swear that.

Q. You say, Probin gave the name of William Jones ? - A. Yes.

Q. Hodges gave you a name, that you don't recollect, but you recollect it was not the name of Hodges; will you swear it was not the name of Hodges? - A. I will not swear any thing about it, one way or the other; I made a memorandum of the name, but I have lost the paper.

Q. Will you swear that he did not give the name of Hodges as his name them? - A. I will not take upon me to swear that he did not give me the name of Hodges, or that he did.

Q. Will you swear that he did not give you the name of Hodges at any time? - A. I cannot swear that he did.

Q. How came you to recollect the name of Jones? - A. Because I think he was more the occasion of my being robbed.

Jury. Q. Did you apply according to the direction Hodges gave you? - A. He gave the direction, I wrote it my self, dealer in hops, Worcester.

Probin. Q. At the time you found the property, did you take it up, or Hodges? - A. Hodges.

Q. Did you make a claim of half? - A. I did not.

Q. Was there any advice given you to get a Directory, and find the name of Smith? - A. You said you could find a hundred Smiths, jewellers, in London, there was no occasion for it; we had found it very honestly.

Q. Did ever I see the property? - A. You did see the property, and examined it.

Q. What demand did you make on Hodges? - A. I made no demand at all.

Q. Did you not say you would not part with him till you had part of the property? - A. No.

Q. Did you never propose to give me five pounds to be your advocate? - A. No; I did not.

Q. Did not you give me an undertaking in writing, with a promise of five pounds, for my assistance? - A. It was a proposal Hodges himself made to give you five pounds for your advice.

Mr. Knowlys. Q. Who did you receive the note from? - A. Mr. Coxall, of Hitchin.

Q. Did you describe the persons of the men at Bow-street? - A. I did.

ISAAC COXALL sworn.

Examined by Mr. Knowlys. I live at Hitchin, in Hertfordshire: On the 6th of July, I paid Mr. Headly a note of 100l. which I had received the day before at the Hitchin Bank with some other notes, making 730l.

JOHN THACRERY , Esq. sworn.

Examined by Mr. Knowlys. I am a cashier to the Hitchin Bank: I remember paying some notes to Mr. Coxall on the 5th of July; but I have a record by which I can tell better. (Produces the book).

Q. Look at that note; have you any recollection that this is one of the notes you paid to Mr. Coxall on the 5th of July? - A. I can swear to the number of the note in the book.

Q. Have you any doubt that that is a note you paid to Mr. Coxall on the 5th of July? - A. None upon earth; the No. 7883 on the note, was made by my clerk, and is entered in the book; we call that the debtor-side of our waste-book, every note that comes in, we put a number on the Bank note and enter it in the book for the clerk more easily to find the number.

Court. Q. Here is no record here that it was paid to Mr. Coxall? - A. We don't enter them in the name of the man who brings the check, but of the man to whose account it is placed; it is placed to Mr. Wilshire's account.

Cross-examined by Mr. Knapp. Q. You are cashier to the Bank at Hitchin? - A. Yes.

Q. Does any body write in this waste-book besides yourself? - A. Yes, certainly.

Q. Might not any body else make an entry of a number in Mr. Wilshire's account in your waste-book? - A. I am very well satisfied no man made that entry but myself.

Q. Might not any one, who has access to that waste-book, make an entry of the number you have made an entry of, in that book? - A. Nobody has access to the waste-book to make entries but in my presence, the entry made in that book was made by my hand, and the note described, was delivered by me, on Mr. Wilshire's account to Mr. Coxall.

Q. As you are not always present, might not an entry of the same number be made when you were

not present? - A. It appears to me to be utterly impossible; because, it another person were to make an entry in that book, I, as Cashier, being accountable for the Bank paper in my hands, when I came to make up the balance, must know if that note disappeared.

Q. What is your reason for knowing that another person has not made a like entry of the number when you were not present? - A. It is impossible he should make such an entry.

Q. Whether you have any other knowledge of having paid this note to Mr. Coxall than by referring to the number? - A. I depend upon the number perfectly being there wrote; I likewise depend upon this, that the gentleman is Mr. Coxall to whom I paid this note.

Court. Q. Do you recollect that day, personally, making that payment to Mr. Coxall? - A. From the document, and from my personal recollection, I paid that note to him that day.

ROBERT BERRESFORD sworn.

Examined by Mr. Knowlys I am an officer of Bow-street: On the 7th of July, Mr. Headley gave information that he had been defrauded of 100l. and gave a description of the persons; in consequence of which we went to Hodges's house, No. 13, Wyld-court, Wyld-street; when we came there Hodges was not at home, Mrs. Hodges was; I searched Mrs. Hodges; on her I found five ten pound Bank notes of England, (Producing them); we went there between nine and ten in the evening; me, Carpmeal, and Miller, remained at Hodges's house all night; about seven in the morning Carpmeal and I, being obliged to go about other business, we left Miller and Berresford in the house; Probin was brought to Bow-street by Berresford on the 8th in the morning; I searched Probin, and found four 10l. Bank notes upon him, and five guineas, (producing them); Hodges was taken soon after; I searched him, and found two guineas and an half upon him, and two red morocco pocketbooks, (producing them); one of them contains another cross; in the other pocket-book there was nothing but a direction, William Headley , Cambridge. (The directions shewn to Mr. Headley).

Q. Is that your hand writing? - A. No; it was taken down by Hodges in my presence.

Cross-examined by Mr. Knapp. Q. In consequence of the description Headley gave of Hodges, and his dress, you went to his lodgings? - A. Yes.

Q. Did he describe him to have a striped greatcoat? - A. He described him as having a striped coat, and an old pair of boots.

JOHN RIVETT sworn.

Examined by Mr. Knowlys. I am a constable of St. Clement's; On Friday morning the 8th of July, I went to Hodges's house and in about a quarter of an hour after, Probin came to the window, the shutters were a little open; he peeped in, and Hodges's wife waved her hand to him, to go away, he did not take that directly; he came and peeped in again, and she waved her hand again; upon that I ran out of the room, and said, Mr. Hodges, I want you; and I seized him, supposing him to be Hodges; he said, his name was not Hodges, and he would be damned if he would go with me; I told him he should, for I would never leave him; he made a bit of a struggle; I told him, if he did not come quietly, I would knock him down, and then he went with me to Bow-street, and I left him in custody, and went back to Hodges's house, and in about twenty minutes. Hodges opened the door and came in; his wife got up, and asked, when did you hear from our friends in Cirencester; my husband will be there next week; I thought he answered the description of Hodges; I left him in custody, and went to Bow-street to fetch Rivett.

FRANCIS SALKELD sworn. I am a jeweller.

Q. Look at that cross; is that diamond cross of any value? - A. There is no intrinsic value in it; I suppose it to be worth half-a-guinea, or twelve shillings. (Looks at the other found on Hodges).

Q. Is that much of the same kind? - A. As near as possible about the same value.

Cross-examined by Mr. Knapp. Q. You said it was of no intrinsic value? - A. I don't think it would realize any if it was broke up.

Q. Do you think it would realize a farthing? - A. I don't think it would; I would not give any thing for it if it was offered me for sale.

JOHN FURMEAN sworn.

Examined by Mr. Knowlys. I am one of the Cashiers of the Bank.

Q. Look at that Bank note, did you give value for that, and when? - A. I did; this is my writing upon the face of it - W. Hodges, Holborn.

Q. To whom did you pay it? - A. I don't know; he represented himself to be William Hodges ; I suppose by my writing that upon it, I gave ten 10l. Bank notes, as appears by the book.

Q. Look at these five notes, and see if they are five of the ten? - A. (Looks at the book). No. 34 to 38; they appear to be the same numbers, and the same date, 20th of June.

Q. Look at those other four, and tell me if they constitute a part of the ten you paid to that person, who said his name was Hodges; these are the four found upon Probin, No. 29 to 32? - A. These four answer in date and number in my every; the day I gave the change for the 100l. note was the 7th of July.

Q. Do you know about what time of the day you gave the change? - A. No.

Cross-examined by Mr. Knapp. Q. Whoever you paid this to, you don't recollect? - A. No.

Hodges's defence. I have nothing particular to say, the note I changed was my own note.

Probin's defence. The four notes taken from me by Rivett were Hodges's four notes; the night before I was at a christening at Mr. Hodges's, and he was very much in liquor, and he gave me his pocket-book, and desired me to take care of it; I went to him in the morning, and was apprehended; I had received them from Hodges the night before, and when I went to his house to take him the notes back I was taken to Bow-street.

Hodges, GUILTY . (Aged 39.)

Probin, GUILTY. (Aged 43.)

Transported for seven years .

Tried by the second Middlesex Jury, before

Mr. RECORDER.

Reference Number: t17960914-12

469. DAVID SCOTT was indicted for a rape on the body of Mary Homewood .

Mr. Knapp. Gentlemen of the Jury. The charge against the prisoner at the bar is a charge that you must have recollected in your experience in this Court upon Juries before, is a charge that affects his life, and if my instructions fail me not, you will find it is one of those cases of great importance indeed to the public state of society, of great importance to the unfortunate object of it, and it is of equal importance to the prisoner himself. Perhaps you are acquainted with the law sufficiently to know that there is an Act of Parliament which was passed for the protection of young persons, which makes it a capital offence upon children of ten years old; but that is not the circumstance of your present consideration - the age of consent is extended, by that Act, no farther than the age of ten-this unfortunate object is eleven, one year beyond the age in the Act; therefore the question of consent will be material for you to consider in the present case under his Lordship's correction.

Gentlemen, the prosecutor of this indictment is of the tender age of eleven years; she is the daughter of a publican, a person of the name of Homewood, who keeps the Golden-harp public house, Lamb-street, Spitalfields; the girl was employed as a pot-girl , under her father; the prisoner was a dyer , and had used the house of the prosecutor; beer was sent to him, and one of the times that beer was sent to him, the present prosecutrix took the beer as usual to this man, the prisoner at the bar; after she had brought the beer to him, he desired her to put the pot down, and immediately, I understand, upon the 26th of May, pulled her back, shut the door, and laid her down, I think, upon a form with four legs to it; he immediately then put his hand to her mouth, to prevent her making any noise; she did call out without success; he again put his hand to her mouth, to prevent her repeating that noise; he immediately threw her down upon that form, two feet from the ground, pulled up her petticoats, she struggled with him, and from his superior strength she could not get away from him, and then, Gentlemen, what followed, I will not state from the regard I have to decency, and that I would not anticipate what a witness of this sort will prove more satisfactorily; but that after having so laid her down, the fact attributed to the prisoner was committed, and committed in such a sort of a way, if you believe the evidence, as no question of law can be raised upon it, for the ingredients of the offence are every one to be found in this case, and therefore the case will depend upon the credit you shall think yourselves bound to give to the story of the prosecutrix. First of all observe, she is of the tender age of eleven; we shall be inclined, perhaps, to hope, that from those tender years, her heart had not received any taint or corruption; yet, we know, in this great metropolis, young as that person may be, it may pass into the heart of persons, so young, to forget the duty they owe to society, and sometimes to have a very wicked intent at so tender an age. Gentlemen, that is the fact you will have to try; I desire, on the part of the prosecution, that you will watch her narrowly, and if you find, from the manner in which she tells her story, that she deserves credit, the only next thing to consider, and what will be very material for you to consider, is, the length of time that elapsed, between the time she charges the fact, and the time she complained of the violence. Gentlemen, it is my duty to state to you the fact; I understand, that three days elapsed before she said any thing about it, and that then it came out in this way; she was desired again, by the direction of the prisoner, to carry beer to his lodgings, and she was desired by her mother; upon which, she said, she could not take it to his lodgings; the mother asked her why, she said, that man, David Scott has hurt me, I cannot go to him; an explanation took place; she says, the reason why she did not mention it before, is, that she was afraid of being beaten by her mother; you will hear that, and do as you think fit with it; there is a fact behind, that is of a very important nature indeed, and such a fact, that if it is true, the prisoner cannot have a ray of mercy. I shall prove to you, that that too common idea of persons, having a certain disorder upon them, which they foolishly think they can get rid of, by having connection with a young person, or a person that never had connection with man before, they think, by that connection, they can cure themselves; that is the fact, that I understand; I shall prove to you, I shall prove it by his own acknowledgment; I shall prove, that at this time, when he had such connection with the prosecutrix, he was disordered, the effects of that disorder are upon the unfortunate girl, the prosecutrix, at this moment. These are all the circumstances I have to lay before you, you are to judge between your country and the prisoner; if you find that this comes out agreeable to the facts I have stated, I am afraid you will feel it your duty to pronounce the prisoner guilty, and be obliged to feel it to be an offence, for which he must answer with his life; if she should saulter in any part of it, if you shall find that she does not tell her story in such a way as you think deserves credit, you will acquit him, and by so doing, you will do your duty. Gentlemen, I shall call the witnesses, and when I have so done, I am sure you will give that verdict that will satisfy your own consciences and your country.

Evidence for the Prosecution.

MARY HOMEWOOD called.

Court. Q. How old are you? - A. Eleven last May.

Q. Do you know the nature of an oath? - A. Yes.

Q. What would be the consequence, if you should swear false? - A. If I should take a false oath, I should go to the devil. (She is sworn.)

Examined by Mr. Knapp. Q. What is your father's name? - A. Thomas Homewood .

Q. What is your mother's name? - A. Sarah Homewood .

Q. Where do they live? - A. In Vine-court, Lamb-street, Spital-fields, at the Golden-harp.

Q. What is your father? - A. A weaver by trade; he keeps a public-house.

Q. What situation had you in that house? - A. I went out with beer.

Q. Did you know the prisoner at the bar before this time? - A. Yes; a great many times.

Q. Do you know what the prisoner is? - A. A dyer; he lives near Moorfields.

Q. How far from your house? - A. My mother has been there, but I don't know how far it is.

Q. Where did you use to take beer to him, at the dye-house, or at his own lodging? - A. At the dye-house, Mr. Maddocks's, in Vine-court .

Q. What part of the dye-house did you carry the beer to? - A. To different parts of the dye-house.

Court. Q. You delivered beer to other workmen besides the prisoner? - A. Yes.

Q. Do you remember when it was? - A. It was a great while ago.

Q. In what month? - A. I believe it was in May.

Q. What day of the week? - A. I think it was on a Thursday, about five o'clock in the afternoon, I took the beer up two pair of stairs.

Q. By whose orders? - A. My father told me to carry it there, up two pair of stairs; there is a large area; they don't do any thing there, unless they dry the blankets out in the area.

Q. Did you see the prisoner there? - A. Yes; and he told me to set down the beer.

Q. Did you say any thing to him? - A. No.

Q. Did your father tell you to deliver it to the prisoner, or any body else? - A. He told me to draw a pot of beer, and carry it to Mr. Scott.

Q. And when you carried it, what did you say to him? - A. I could not find him out for some time; I met a gentleman, one Mr. Emery, up one pair of stairs, coming down, and I asked him, and he told me he was up two pair of stairs, and I went up there, and found him.

Q. Where were you when Emery was coming down stairs? - A. I was going up stairs; I said to Mr. Emery, can you tell me whereabouts Mr. Scott is, and he said, he believed he was up stairs, and I holloaed out, and he said, here I am, give me the beer here, or bring it up, and I carried it up.

Q. Where did you see him first? - A. I saw him in the room up two pair of stairs, where I carried the beer to; he told me to set the beer down, and I did put it down; I was turning back to come down, and he would not let me; he pulled me back and fastened the door.

Q. Did he say any thing to you, or you to him? - A. No; he did not say any thing to me, or I to him.

Q. What did he do to you then? - A. There was a large bench, and he chucked me down upon the large bench; he laid hold of me, and I called out, and he would not let me -

Court. Q. What would not he let you do? - A. He put his hand before my mouth, and would not let me call out for any body to hear, and he laid down upon me, and opened his breeches, and put something into my body, and I holloaed out several times.

Q. And what became of your petticoats? - A. After he laid me upon the bench, he pulled up my petticoats.

Court. Q. When did you holloa out? - A. When he pulled me back.

Court. Q. Did you holloa after that? - A. Yes.

Court. Did he take his hand from your mouth? - A. No; he had the back of his hand at my mouth.

Court. Q. Which hand did he use to open his breeches, and pull up your petticoats? - A. I cannot rightly tell, I was so frightened.

Court. Q. Did you holloa before he opened his breeches? - A. I did not know what he was going to do.

Court. Q. When was it he first put his hand to your mouth? - A. Directly as he laid me down upon the bench.

Court. Q. Were his breeches open at that time or not? - A. I cannot tell, he pulled up his apron.

Q. Did he pull up your petticoats with both hands or one? - A. I cannot rightly tell.

Q. Had you called out, before he pulled up your petticoats? - A. Yes; and no body at all was about the neighbourhood, when he had one hand upon my mouth, and the other hand down somewhere; then he put something into my body, and I holloaed out, and he would not let me; and then I tried to get away, and he would not let me; I then said, "I will tell my mother, I will tell my mother;" he

asked me, if I would have any money, and I said, no; I did not want any money.

Court. Q. You tell us he put something into your body; what did he put into your body? was it any part of his own body? - You must overcome all shame, and tell us the truth? - A. Something that he pulled out of his breeches.

Court. Q. What part of your body did he put it to? - A. Into my private parts.

Court. Q. Was it a part of his own body? - A. Yes.

Court. Q. Did what he did give you any pain? - A. Yes; it hurt me a great deal.

Court. Q. How far do you think he went into your body? - A. I cannot tell; he hurt me a great deal.

Court. Q. Did you feel him in your body? - A. O yes, sir.

Court. Q. How long did he stay there? - A. It looked to be a long time; I thought it was a quarter of an hour; but I don't think it was so long.

Court. Q. Did you feel any thing come from him? - A. O yes, a good deal; about the evening it came from me very fast.

Court. Q. Did you feel any thing come from his body into your's? - A. Not before I was going to bed; it was all over my shift.

Court. Q. You felt him in your body? - A. Yes.

Court. Q. Did you feel him far in? - A. Yes.

Court. Q. Did he stay there till you pushed him off, or did he stay there as long as he chose? - A. I tried to push him off, but I could not; he staid there as long as he chose.

Mr. Knapp. Q. Before he got up from you, did you feel that any thing came from him in your inside? - A. No; not just then.

Q. How soon after he had done this did you get away from him? - A. I went home directly.

Q. Was there any conversation between you after he had done this? - A. He did not say a word, not before I was coming down; he called me back, and asked me whether I would have any money; I said, no, I would have no money, but I would go home and tell my mother directly.

Q. What did he say then? - A. He did not say any thing, but made strait into the room again.

Q. Were you crying when you came away? - A. Yes; I went away crying.

Q. Did you go home to your mother? - A. Yes.

Q. Was your mother at home? - A. Yes; she licked me for stopping so long; I did not tell her just then.

Q. Were you crying at that time? - A. Yes.

Q. Do you think she took notice of your crying? - A. No, I don't think she did; I went up stairs, and about and hour or two afterwards I saw my mother coming up stairs.

Q. Did you tell your mother then? - A. No.

Q. What did your mother say to you? - A. She did not take any notice of me.

Q. Why did you go up stairs? - A. Because my mother should not lick me again.

Q. Did you go out with any beer to any body after that? - A. No.

Q. Did you go out the next day with beer? - A. Yes.

Q. You saw a great many people then? - A. Yes.

Q. Did you mention it to your mother next day? - A. No; I mentioned it to nobody but my mother.

Q. How long afterwards? - A. I cannot rightly say; it might be about four or five days.

Q. How came you so long after to mention it to your mother? - A. Because I was so bad I could not walk.

Q. Where were you bad? - A. All my private parts.

Q. What did you tell your mother? - A. I was in the kitchen with my mother, and this man Scott was in the tap-room, having a pot of beer; and I said to my mother, I will carry Scott no more beer.

Court. Q. Did you tell your mother why you would carry Scott no more beer? - A. I told my mother it was all through Mr. Scott that I was in the situation that I was.

Court. Q. Had your mother seen the situation you were in before that? - A. No-yes; I had told her the Sunday before.

Court. Q. When was it that you told your mother you would not carry any more beer to Scott? - A. That very day week after it happened.

Court. Q. Now on the Sunday before what did you tell your mother? - A. I did not tell her any thing at all; but my mother took me up and cleaned me.

Court. Q. Did she see your shift at that time? - A. Yes.

Court. Q. Did she ask you how that shift came so dirty? - A. Yes.

Court. Q. And what did you tell her then? - A. I did not tell her any thing.

Court. Q. Did not you tell your mother how it was? - A. My mother said, she was sure there was something the matter with me, and she did not know what.

Court. Q. Why did not you tell your mother when she asked you? - A. Because I was frightened and durst not.

Court. Q. Frightened at what? - A. For fear she should lick me more.

Court. Q. Your mother did not press you to tell her, but only said she was sure there was something the matter? - A. No.

Court. Q. On the Thursday you said you would

not carry him any more beer? - A. Yes; and then I told my mother what had happened, and my mother called out my father.

Court. Q. When your mother called out your father, did you tell your father and mother together, or did your mother tell it to your father? - A. My mother told it to my father in my hearing.

Court. Q. Did your father ask you any questions? - A. No; but my father called the prisoner out, and said something to him.

Mr. Knapp. Q. When was it you went before a Justice? - A. Soon after the man was caught.

Q. When was he taken up? - A. I don't know.

Q. Have you been attended by any surgeon? - A. Yes.

Q. How long have you been attended by him? - A. I cannot tell.

Q. Have you told us the whole truth? - A. Yes, that I have.

Q. Are you well now? - A. Yes.

Court. Q. You are between eleven and twelve years of age? - A. Yes.

Court. Q. Had any man before this time ever been in your body? - A. No, never.

Cross-examined by Mr. Ally. Q. Don't be frightened, my good girl, but answer the question that I shall put to you, as you did that gentleman. - This happened on the 26th of May? - A. Yes.

Q. It was by your father's direction you took this beer to the prisoner? - A. Yes.

Q. You frequently used to carry beer to that house? - A. Yes.

Q. And, I believe, it was customary for you to go to those parts of the house where beer is wanted? - A. Yes.

Q. You met a gentleman on the stairs as you were going up? - A. Yes.

Q. There were a great many workmen in this house? - A. There was nobody at work then, only Mr. Scott.

Q. What time of the day was this? - A. About five o'clock.

Q. Don't you know there are men always in that place from six o'clock in the morning till night? - A. It was their watering-time.

Q. But generally, during the course of the day, there are people in that place? - A. Yes.

Q. There are a great many workmen at the dye-house? - A. Yes; a great many.

Q. Do you know what became of the gentleman you met upon the stairs? - A. He was coming down.

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

Q. I believe this room you speak of is immediately over the dye-house? - A. No; it is not over the dye-house, it is over another part.

Q. Is it over a part where the men usually work? - A. It is a staining-room.

Q. What room is immediately under this staining-room? - A. There is no place at all under the staining-room.

Court. she says this room is up two pair of stairs, over the staining-room; the staining-room is on the ground-floor, and not over the dye-house.

Mr. Ally. Q. What room is immediately under this room in which you and the prisoner were? - A. A store-room.

Q. Don't the men, who work about the place, continually go in and out there? - A. Only up one pair of stairs; if they have got any job higher, they go there.

Q. Is there any room over where you and the prisoner were? - A. Yes.

Q. Is that a work-room? - A. No.

Q. Is there any yard fronting this room where you were, or is it fronting the street? - A. Fronting a yard.

Q. Any body in the yard could hear if there was a noise at that room door? - A. Yes; but there was not any body in the yard.

Q. What kind of stool was this upon which the man laid you down? - A. A long form, with four legs to it, about two feet broad.

Q. A stool that could be moved backwards and forwards? - A. Yes.

Q. It was not fastened to the ground? - A. No.

Q. A stool that the men sometimes sit down upon? - A. Yes; and sometimes they stand upon it to hang the blankets up.

Q. How long is it? - A. Almost as long as that table.

Q. When you set down the beer, before you shut the door, the prisoner seized hold of you? - A. Yes.

Q. Did you cry out when he seized hold of you? - A. Yes.

Q. You cried out when you were standing at the door? - A. Yes.

Q. Did he drag you in from the door when you cried out? - A. No; he told me to put down the beer.

Q. After you had cried out? - A. Yes.

Court. Q. Do you understand what the gentleman says; did you cry out before you put the beer down? - A. No.

Mr. Ally. Q. Had you first put the beer down? - A. He did not offer to touch me before I put down the beer.

Q. He laid you down upon the bench? - A. Yes.

Q. Had you cried out at all before the door was shut? - A. He told me to put it down inside the room.

Q. The room door was then open? - A. Yes.

Q. And he came and laid hold of you? - A. Yes, and shut the door.

Q. Did you cry out before he dragged you to the form? - A. No.

Q. Then you cried out before the door was shut? - A. Yes.

Q. When he laid down upon you, how were your hands employed? - A. I tried to push him away, and could not.

Q. Had you hold of both his hands at any time? - A. No.

Q. He put one hand down to his breeches? - A. Yes; he was lying on me at that time.

Q. I suppose he kept that hand to his breeches till he pulled up your petticoats, and put his private parts to your body? - A. Yes.

Q. How did he pull up your petticoats? - A. With his other hand.

Q. Then, during that time, why did you not cry out? - A. I did cry out, and nobody heard me.

Q. Where were both your hands at this time, when one hand was upon your petticoats, and the other to his private parts? - A. Trying to get away from him.

Q. Did the stool shake at all? - A. No.

Q. He must have used a great deal of force? - A. Yes.

Q. The stool never overturned? - A. No.

Q. Notwithstanding all this struggling? - A. No.

Q. When you were going down stairs, you told him you would tell your mother? - A. Yes.

Q. You went straight home? - A. Yes.

Q. Did you bring any more beer to the other people in the house, after that time? - A. Yes.

Q. Did you see the prisoner at any of those times? - A. Yes; I saw the men at the dye-house.

Q. Then you were not afraid to go to the other men? - A. No.

Q. You did, in fact, go there with beer, let them be at work at what part they would in the dye-house? - A. Yes.

Q. You cannot exactly say how long it was from the time this happened to you, till the time you discovered it to your mother? - A. Yes; it was a week.

Q. You are sure it was a week? - A. Yes.

Q. What became of your shift; who did you give it to? - A. To my mother.

Q. I suppose she has it now? - A. I don't know.

Q. It was all white matter? - A. Yes.

Q. There was nothing upon it but white matter? - A. I cannot say.

Q. You did not see any thing on it but white matter? - A. No.

Q. Your mother beat you when you returned home because you had staid so long? - A. Yes.

Q. Had you ever staid so long at this place before? - A. No.

Court. Q. When had your mother the shift; what day was it? - A. The first day was the Sunday.

Mr. Ally. Q. It was on the Sunday after this happened, that your mother saw the shift? - A. Yes.

Q. It was then covered with this white matter, and nothing else that you could see? - A. I did not look at it, my mother did.

Q. Did your mother ask you what brought that white matter upon your shift? - A. I don't know whether she did or not, I was frightened.

Q. You were not frightened then three days after? - A. Yes.

Q. You did not tell her what was the cause of it then? - A. No.

Q. How long was it from the time you first informed your mother, till the time the prisoner was taken into custody? - A. I don't know; my mother knows.

Q. At the time you related to your mother the misfortune, the prisoner was in the tap-room, and your father called him out? - A. Yes.

Q. Then your father knew, at that time, what had happened? - A. Yes.

Q. The prisoner went away, your father did not stop him, at that time? - A. I don't know.

Q. It was a long time before he was taken up? - A. Yes.

Court. The examination is dated the 26th of July; you need not therefore labour to ascertain that fact.

Mr. Ally. Q. Who advised you to come here to-day to speak against the prisoner? - A. My mother brought me here.

Q. Do you recollect what conversation you have had with your mother about what you were to say in Court to-day? - A. No.

Q. Was any thing said to you as to what questions would be asked you? - A. No; I did not hear any thing about it.

Q. You don't recollect what might have been said to you? - A. No.

Q. You have been speaking about this trial several times to your father and mother? - A. No.

Q. Had you never any conversation with your father and mother, from the time you told them of the misfortune that befel you, until the present day? - (Hesitates).

Q. Have you ever conversed with them about this trial, from the time the prisoner was in the tap-room, until this day? - A. No.

Q. Do you mean to say you never did converse with your father and mother about this trial, from the time the prisoner was in the tap-room, until to-day? - A. No.

Jury. Q. Have you never talked with them about this transaction, from that time to she present day? - A. No.

Jury. Q. Has your father and mother ever

spoke to you about this trial from that time to this? - A. No.

Mr. Ally. Q. Did not they tell you they were to go before the Grand Jury to find a bill against this man? - A. They told me, they were to go before the Justice.

Q. Then they told you what you were to say to the Justice? - A. No; they did not tell me what to say, because I knew what to say.

Q. What did they tell you? - A. They did not tell me any thing.

Q. Try, and recollect, what either your father or mother said to you before you went to the Justice's? - A. Nothing at all, but to be sure to say that that had passed.

Q. What did they allude to, when they said, that that had passed? - A. They said, now, when you go before the Justice, be sure that that is the right person.

Q. Did they say, be sure, when you go before the Justice, to say, that that is the right person? - A. Yes, and if that is not the right person, not to say so.

Q. Did they say nothing else to you at that time? - A. No.

Q. How long was this from the time you told your story? - A. A long time.

Q. Have you been speaking to any body to-day before you came into Court about this trial? - A. No.

Q. Did any body desire you to state in Court, or did you ask what your age was before you came into Court? - A. No, they did not; I knew I was that age.

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

Q. Is not there a young man of the name of Moseley that works in this dye-house? - A. I believe there is.

Q. Do you know whether Moseley has been well or ill lately? - A. I don't know.

Q. Have you ever staid out of your father's house, for any length of time before this, without his consent? - A. No.

Q. Do you remember Bow-fair? - A. Yes.

Q. Were you at Bow-fair? - A. No.

Jury. Q. Had you washed your shift before your mother saw it? - A. No; I don't wash my own linen.

Q. You had not done any thing to clean it before your mother saw it? - A. No.

Court. Q. You said, you observed, when you went home at night, that something had come upon your shift? - A. Yes; in the evening.

Court. Q. What colour was that? - A. White.

Court. Q. You said, from the two pair of stairs room, if there was any body in the yard, they might hear you call out? - A. Yes.

Court. Q. Did you call loud enough for any body in the yard to have heard? - A. Yes.

Court. Q. Do you mean the yard below stairs? - A. Yes.

Court. Q. This stool was about two feet wide? - A. Yes.

Court. Q. How came it that you did not fall off in the struggle, if it was only two feet wide? - A. The Justice sent somebody up to see it.

Court. Q. How came you not to fall off if it was only two feet wide? - A. Because he held me so tight.

Court. Q. Were your legs hanging over the bench, or on the bench? - A. I was trying to get away, and I cannot tell really.

SARAH HOMEWOOD sworn.

Examined by Mr. Knapp. Q. You are the wife of Thomas Homewood, and the mother of the last witness? - A. Yes.

Q. How old is she? - A. Eleven years old, the 14th of last May.

Q. What situation of life was she in? - A. We kept her at home to carry out beer.

Q. What sort of a disposition girl was she? - A. A very mild, meek girl.

Q. Was she a girl of good morals, or otherwise? - A. I never knew her any otherwise.

Q. When was the first time that you heard any thing about this business from your daughter? - A. I perceived her to walk very bad on the Sunday after the Thursday when it was done; she walked so bad, she could scarce put one foot before the other.

Q. Sunday the 29th? - A. No.

Q. How many days was that after the thing happened? - A. Three days.

Q. In consequence of making that observation, did you say any thing to her about it? - A. Yes; I asked her what was the matter with her, and she said she was very bad; I then examined her.

Q. Did she say at all what was the matter with her? - A. No; she said she was very bad; I examined her, and found her very much swelled in her private parts, and very dirty indeed.

Q. What did you apprehend all this filthiness to arise from? - A. I thought she had over strained herself from carrying out trays of beer; and I told her to go to rest, and I carried the beer out myself.

Q. Was that all the conversation that took place? - A. I asked if any body had meddled with her, and she seemed very low in spirits and poorly, and said, no; and I thought she had over-lifted herself; I carried out the beer myself; and, upon the Thursday following, the girl and I were in the

kitchen, I was ironing, and Scott came into the tap-room, and she went to empty some water and saw him there, I believe, and she said, I will not carry Mr. Scott any more beer.

Q. Do you know if she had seen him between the time of this taking place and seeing him in the tap-room? - A. I do not; she said she would not carry him any more beer; I asked her why, and she said Mr. Scott had made her in the condition she was in; I asked her many questions, whether he had meddled with her, and she answered every thing; I asked her, and she told me where it happened in one of the rooms, and told me all that she has been relating to you now; at the same time I did not know that it was venereal; it went on so; I did not see any more of Scott till Saturday; he came in to pay his score; says I, be gone, you old villain, if you let me see you any more I will cut you down, or knock you down, or something of that sort, I was in such a passion.

Q. Did he say any thing? - A. I did not hear him say any thing.

Court. Q. Did he go away? - A. No; he still stood in the entry; my husband then came out of the parlour, but what he said I cannot say.

Q. How long after was the prisoner taken up? - A. I went on Monday to his wife, and to the Justice's on Wednesday.

Q. How long was that after the fact was done? - A. A week and two or three days; I did not know then that it was the venereal disease till I went to his wife.

Q. What Justice was it? - A. In Worship-street.

Q. Mr. Williams, was not it? - A. I believe that is the name.

Q. Did you get a warrant at the Justice's? - A. Yes.

Q. Do you know what day of the month that was? - A. No; it was early in June.

Q. When did you apprehend the prisoner? - A. He went away.

Q. When was he apprehended? - A. I cannot tell; it might be three weeks after.

Q. You don't recollect what month it was? - A. I cannot recollect.

Court. Q. You did not sign your examinations at the Justice's till he was taken up? - A. No.

Mr. Knapp Q. Whether, in consequence of the situation you found your child in, you applied to a surgeon? - A. He is not a regular bred surgeon; his name was Tibbins.

Q. Is he here? - A. No.

Q. That man attended her a considerable time? - A. Yes.

Q. How soon after that did you employ a regular gentleman of the profession, Mr. Munn? - A. I cannot tell; Mr. Munn is here.

Court. Q. How long did Tibbins attend your daughter? - A. I dare say three weeks.

Mr. Knapp. Q. I need hardly ask whether you happened ever to see the child in the state in which you found her now before? - A. No.

Cross-examined by Mr. Ally. Q. This girl is of a very quiet, peaceable disposition? - A. Yes.

Q. She did not require much correction from you? - A. No; only when she stopped of an errand.

Q. You seldom corrected her with great severity? - A. I am very passionate to be sure, and sometimes gave her a very heavy blow.

Q. If she had told you you would not have beat her, I dare say? - A. I wish I had not.

Court. Q. You see what you have brought upon the child by your passion; I hope it will be a warning to you.

THOMAS HOMEWOOD sworn.

Examined by Mr. Knapp. Q. You are the father of the girl? - A. Yes.

Q. Did the child ever tell you any thing about what had happened to her? - A. No; not till after my wife had found it out; I asked her some questions, and she told me the same she had told her mother.

Q. Did you endeavour to get a warrant? - A. Yes.

Q. Had you any conversation with the prisoner before this? - A. Yes; on the Thursday we found it out, the Thursday after it happened; I called him into a back room and said, you villain, what have you done to my child; he stood for some time; at last he said, I don't know what you mean; I said, you villain, you have ruined my child, and I will let you know to-morrow what you have done; he then turned out of the room and went away; whether he stopped in the tap-room any time at all I cannot say; I dot't believe he stopped long in the tap-room.

Q. Was he in the tap-room before? - A. I believe he was in the tap-room when my wife called me; I saw no more of him, and I returned in the course of a minute.

Q. When did you go to the Justice's? - A. On the 28th of June, to the best of my recollection.

Q. How long a time was it after the conversation with the prisoner that you went to the Justice's? - A. That was on the Thursday; on the Sunday my wife went to his wife; and on the Wednesday following I went to the Justice, Mr. Colquhoun, at Worship-street; there I gave information, and he granted me a warrant; he ordered me to send my wife and child; an officer went after the prisoner, but did not apprehend him for three weeks or a month.

Court. Q. From the time you told him you

would let him know what he had done, did you see him again before you went to the Justice? - A. The next day after I saw him at the dye-house.

Q. Did you see him any days after that? - A. I saw him at the dye-house, and went home, and said, I saw the villain at the dye-house, and would have him taken up; my wife over-persuaded me not to do it.

Q. What was your reason for not taking him up? - A. My wife persuaded me; I thought it would make an alarm in the neighbourhood, and disgrace the child's character; I thought he would go off to Scotland.

Q. How came you to take him afterwards? - A. Because I found he did not go out of the way; and as my wife had made it known to Mrs. Green, I thought we could but be disgraced.

Q. When you saw him in the dye-house, had you any more conversation on the subject? - A. I did not go near him; the next day there was some beer ordered in the dye-house, and they asked me to drink; I said, I could not drink there, there was such a villain in the dye-house; I saw him after that; he said, you must bring some beer to the dye-house; I said, you old villain, how can you look me in the face; and he turned round and went away; he came about five or six o'clock to know what he owed me, but I did not take it; the dyers said he should not come into the house again, and they discharged him, and he went off; I did not see him again till I saw him in the watch-house on the Sunday night as he was taken on the Monday before the Justice.

Q. Had you any conversation with him in the watch-house? - A. The officers asked me if that was him; I said, yes; that was all the conversation that passed; the next time I saw him was before the Magistrates, then he was committed.

Q. In consequence of this, you employed some medical gentlemen to your daughter? - A. Yes.

Q. And afterwards you employed Mr. Munn? - A. Yes.

Cross-examined by Mr. Ally. Q. You saw him frequently after this was discovered? - A. On Friday and Saturday.

Q. If he had gone out of the way, you would not have prosecuted him? - A. Yes; if he had gone out of the way, so that it was not to be known, I would have put up with the misfortune.

Q. In consequence of what you said, the dye-house men said he should not be there any more? - A. Yes.

RICHARD MUNN sworn.

Examined by Mr. Knapp. Q. You are a surgeon? - A. Yes, in Spitalfields; I was sent for by the father of the girl on the 14th of July; I was introduced by the mother to the girl, and found her very ill; I found that she had been irregularly attended, and therefore I examined her myself; I found the private parts much swelled, and covered with matter.

Q. Have you had much experience in venereal matters? - A. I have; upon opening the labia and the vagina, I found it proceeded therefrom, the hymen had evidently been ruptured, and the internal parts were in a general state of inflammation; I then examined her linen, from the appearance of which, I have no doubt, it was the disease, called the clap, or gonorrhea; I ordered some medicines, which abated the general inflammation, and then omitted them for some days; at length it returned with similar violence, and then I had no doubt but it was the gonorrhaea; I ordered the usual medicines till she was perfectly well of that complaint; her present complaint is a fever.

Cross-examined by Mr. Ally. Q. You have skilfully performed the cure on this girl? - A. She is now well.

Q. She had been unskilfully treated, and from that unskilful treatment, and the violence of the disease alone, might produce that inflammation you observed upon her? - A. Certainly it will.

Q. The hymen was ruptured; if the hymen had been entered, would not some blood ensue? - A. Some of course, no doubt; but it might not be much.

Mr. Knapp. Q. The unskilfulness of the treatment, unless she had the gonorrhaea before, would not have given her that disorder? - A. No.

Court. Q. Whether the venereal disease may not be communicated without hurting the hymen, or entering the body, so as to commit a rape? - A. Certainly.

Court. Q. You say that you have had a great deal of experience in these venereal cases, can it be any relief to a person that has the gonorrhaea to be connected with a young child? - A. Certainly not.

Court. Q. It would, I have been told, do more harm than good? - A. It would.

Court. Q. Can it be any relief to any person that has the gonorrhaea to be connected with a young child? - A. Instead of being any service, it would do more harm, and give more pain to the person that does it, because it encreases the irritation.

Court. It cannot be too generally known, that it does harm, and not good.

Court. Q. Whether, from the appearance of the child, you could judge, at that distance of time, whether any violence had been offered to the child? - A. I could not judge from that, the same appearance might have been from the violence of the disease.

Court. Q. Those appearances might have been from a man having a gonorrhaea, and having con

nection with a child, without entering the body? - A. Certainly they might, by entering the labia: and I don't think it could be done without that.

Prisoner's defence. I am not guilty of the facts stated against me; I was not upon the premises at the time that the girl has sworn this affair against me.(The prisoner called three witnesses, who had known him twenty years, and one who had known him twelve years, who all deposed that he was a humane, prudent, discreet man, and a good husband.)

Prisoner. The prosecutor never charged me with it; he said, I had injured his daughter, but would not tell me how; he spread it among the men in the dye-house to hurt my character; I told him I would prosecute him for it, and went to my attorney, and he sent him a letter, and then he took me up.

Q. (To Homewood.) Did he threaten to bring an action against you? - A. No, he never did; he sent a lawyer's letter to me, and my wife said, she would have me go to the attorney, for his wife or daughter had done it; and then I had him taken up.

Q. Was this before or after he left the dye-house? - A. Two or three days after; he was discharged on the Saturday, I received the lawyer's letter on the Monday, and went to the Justice's on the Wednesday.

Prisoner. He said, if I would give him twenty guineas, he would not trouble me.

Q. (To Homewood.) Did he ever offer you twenty guineas to make it up? - A. Never, upon my oath.

Q. Did you offer to let him off for any money? - A. Never in my life; I never saw him after the Saturday, till I saw him in the cage.

Prisoner. You told me in your own house, if I would give you twenty guineas there should be no more of it.

Court. Q. Is that true? - A. It is not, upon my oath. He sent his sister to my house, who said something to my wife about bearing the expence.

GUILTY Death . (Aged 52.)

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

Reference Number: t17960914-13

470. WILLIAM HOLMES was indicted for breaking and entering the dwelling-house of Robert Cole , about the hour of three in the night of the 13th of September , with intent the goods of the said Robert, burglariously to steal, and stealing seven yards of Irish cloth, value 10s. the property of the said Robert.

ROBERT COLE sworn.

I am a linen-draper and hosier; I keep a readymade linen warehouse, the corner of Arundel-street , in the Strand. On Tuesday the 13th of September, between three and four, I was alarmed by Ann Littler coming into my room, and telling me my shop was broke open; I came down stairs immediately, and opened the street-door; the watchman said, don't be alarmed, the thief, or the man, is taken, I don't know which; he is in the watch-house; upon that I turned my eye to the shop, and down the bar went; there were three or four shutters hung by the bar that had been wrenched open; a pane of glass was broke. I then went up, and put my cloaths on, and came down stairs again, and went to the watch-house, and saw the prisoner.

Q. The bar was wrenched? - A. Yes.

Q. and the window broke? - A. Yes; there were two remnants of linen gone, which other people can speak to better than I can.

Q. Are you sure it was before four o'clock? - A. Yes.

Cross-examined by Mr. Ally. Q. You did not see the door fastened yourself? - A. No.

Q. You did not see these remnants of linen neither? - A. I did not, over-night; I was out that evening.

Q. And therefore, so far as your own knowledge goes, you cannot say whether they were in the window or not? - A. No.

ANN LITTLER sworn.

I live with Mr. Cole; I was alarmed at the bell ringing, I looked out at the window to know what was the matter, and I was told not to be alarmed, but the house was broke open, and the thief taken. I was present when the shop was shut up about nine o'clock; I went round the shop and saw all was safe.

Q. Was the window broke at night before you went to bed? - A. No.

Q. Did you see the shutters in the morning? - A. Yes; the bar was wrenched, and the shutters hung against them; there was a pane of glass broke, and two remnants of Irish linen gone.

Q. Of what value? - A. Thirty shillings.

Q. Had you seen the linen over night? - A. Yes; I put it in the window myself; I had cut a part of it off myself in the course of the day.

Q. How near was it to the glass that was broke? - A. It laid next to the pane of glass that was broke.

Q. Whose property was it? - A. Mr. Cole's.

Q. Has he any partner? - A. No.

Cross-examined by Mr. Ally. Q. It was in the course of the day you put these in the window? - A. Yes.

Q. Does any person serve in the shop besides you? - A. Yes.

Q. I take if you don't generally superintend shut

ring the shop? - A. I always do, and the opening of it to.

Q. Do you remain in the shop all the day? - A. Yes.

Q. You observed in the morning how the shutters were broke? - A. Yes.

Q. It was light enough for you to see it? - A. Only by the light of the watchman's lanthorn.

Q. Could not you have discovered the watchman's face, as soon as you came out, without his lanthorn? - A. I could not.

Q. In what capacity are you with Mr. Cole? - A. A servant in the shop.

Q. How does he pay you; I don't mean to be impertinent; but it is necessary I should know? - A. By presents of things.

Q. You have no share in the profits of the business? - A. No.

ROBERT DORCHESTER sworn.

I am a surpernumerary watchman of St. Clement's; I was sitting in my box, in about ten minutes after I had cried the half hour past three, I heard glass breaking.

Q. Where does your box stand? - A. Almost the middle of Arundel-street; I went out of my box immediately, and made towards the found; and as I was going, I met the prisoner coming with something white under his arm; I laid hold of him, and said, holloa, what have you got there? he made answer, what is that to you. I insisted upon knowing, upon that he began to scuffle to get out of my hands, and he threw the cloth into the middle of the street, which I perceived to be cloth; as soon as he threw it away, we had a very great scuffle; I threatened to knock him down if he did not stop; my stick dropped out of my hand, upon which I made a blow at him with my fist, which he returned; upon that I endeavoured to pull the rattle out of my pocket, and he seized hold of it, and held it fast, so that I could not make an alarm; upon that, I threw him down, and got the rattle out of his hand, and he seized it again the second time in the scuffle; I got him towards the top of the street, and began to call out"watch," as loud as I could holloa, and when he found he could no ways get from me, he drew his knife; I said to him, don't cut me, don't cut me; being terrified at the knife, I let go my hold, and threw my leg round him, and threw him down, and by the time of his getting up again, a man came to my assistance, and I left him in care of that man and another that came up, while I went down the street to pick up the bit of cloth which he threw out of his hand; I brought the bit of cloath back, and took the man to the watch-house, and delivered it to a man that acted as beadle of the and returned immediately with a candle and lanthorn, with another man, to see what place was broke open, and I found that Mr. Cole's shop was broke open, the bar was wrenched out from the place where it was first put in, there were no pins at all, and there were two shutters hanging by the bar; I am not sure whether the third did not touch the ground.

Q. You had been half past three? - A. Yes.

Q. Was the bar safe then? - A. Yes; every thing was safe then.

Q. Had you seen the prisoner before, lurking about? - A. No; when I cried the half-hour, I saw no soul about the place.

Cross-examined by Mr. Ally. Q. You looked about, I suppose, to see if there were any implements of house-breaking? - A. I did.

Q. But never found any? - A. None at all.

Q. The prisoner told you where he lived? - A. He said in the watch-house where he lived.

Q. While he was in the watch-house, his place was searched? - A. Yes.

Q. He lives some where in the neighbourhood, in Water-street, I believe? - A. So I heard.

Q. The way he was going, was in the road home? - A. I cannot say.

Q. Do you undertake to say, that it was light enough, at that time, to see the linen in his hand? - A. Something white in his hand, and I perceived that it was linen, when he threw it away, by the lamps.

Q. Was he in the middle of the street, at the time? - A. He was on the flags.

Q. What distance might you have been from him? - A. He kept the cloth under his arm, the space of two minutes before he threw it away.

Q. Whether at the time you first saw him, you can undertake to say, from the light of the heavens, that you could observe the linen in his hand? - A. No; I undertake to say, I could see something under his arm, by the light of the lamps.

Q. What distance was the lamp from you? - A. I cannot say.

Q. Lamps grow pretty dim towards morning? - A. Yes.

Q. And though dim at that time in the morning, you could merely, from the light of the Lamps, see it was linen? - A. No; I did not see that it was linen, till he threw it away.

Q. You said, when you first saw him, he had something white under his arm, could you not see that by the light of the heavens? - A. No; I could not.

Q. Did not the light of the heavens assist you to see it? - A. I saw it by the lamp light most of any thing.

Q. Then, together, with the assistance of the light of the lamps, and of the heavens, you were

enabled to see it? - A. There was no light that I could discern any thing, without it was by the help of the lamps; it was a remarkable dark morning.

Q. Have you heard any thing about a reward? - A. I had not heard any thing about it at that time.

Q. You have heard of it since though? - A. Yes; and God forbid I should say any thing false for the sake of a reward.

Q. Don't you expect a share of the reward, if he is convicted? - A. Undoubtedly I shall expect it the same as another if he is convicted.

JAMES TURTON sworn.

I was beadle of the night; while the beadle was out, the watchman brought in the prisoner, and two remnants of linen, that is all I know.

- BATHO sworn.

I am the beadle; I was out from the watch-house to look after the watchmen, to see that all was safe, intending to go home to bed; in the mean time, the prisoner was brought in by Dorchester, and the piece of linen, (produces it): I took out of his pocket, a tobacco-box, a half-guinea, a pocketbook, and a knife; I found the pocket-book at his lodgings; the fob-pocket of his breeches was full of duplicates.

Cross-examined by Mr. Ally. Q. He told you where he lodged? - A. Yes; in Baker's-court, runs out of Tweezer-alley, at the bottom of Milford-lane.

Q. Did you find any implements of house-breaking? - A. No.

Q. No pistols, or any thing of that sort? - A. No.

Mrs. Littler. This is Mr. Cole's property; I cut off this piece, (pointing to a vacancy); it is a finer piece of cloth for wristbands and collars.

Mr. Ally. Q. You undertake to charge your conscience, with swearing, that it is the linen you lost, though there is no mark upon it? - A. Yes.

Q. Will you swear there are not ten thousand pieces of the same quality and dimensions? - A. There may be, but I cut off three quarters of a yard for two collars of shirts, and in that, there is a fagend I cut off.

Court. Q. And you believe that is the same? - A. I do, I missed it directly.

Mr. Ally. (To Dorchesier.) Q. Was the prisoner at that time quite sober? - A. As far as I know.

Q. Did not he appear to act a little extraordinary, as it intoxicated? - A. No.

Jury. Q. Was this the knife he attempted to cut you with? - A. I cannot say, it was so dark.

Prisoner's defence. I am entirely innocent of the charge; I was going home; I live at the bottom of Water-street; I was very much in liquor, I had not the property, the man has sworn as false as any thing in the world; it was very natural to try to get away if I could; I did not draw the knife at all.

GUILTY . Death . (Aged 27.)

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

Reference Number: t17960914-14

471. JOHN GARDINER was indicted for that he, in the King's highway, in and upon William Foot , did make an assault on the 21st of June , putting him in sear, and taking from his person a watch made of base metal, and gilt with gold, value 20s. a base metal chain, value 6d. a cornelian seal, value 4d. a steel watch key, value 1d. a half-crown, and 3s. the property of the said William Foot .

WILLIAM FOOT sworn.

I am a carpenter : On the 21st of June last, just before ten o'clock, I was coming across a narrow lane from Old Brompton to Fulham road ; when I got over a stile, within 150 yards, I saw three men coming towards me; it was a light night, and I stopped and looked at them; I thought there was no danger, and I went on about the middle of the lane; I had got partly by them, and the prisoner at the bar laid hold of my left hand and bid me stop; I meant to go by them, and wish them a good night; he told me to stop, and asked me for my money; I told him I had got very little to spare; and the man in the middle said, d-n your eyes stop, we must have what you have got; I was just moving, and offered to put my hand in my pocket; and the prisoner said, d-n your eyes stop and deliver; I was rather frightened, my hand trembled, and I could not get my money out of my breeches pocket fast enough; then the prisoner put his hand into my breeches pocket and turned all my pockets inside out, coat, waistcoat, and breeches; he took from me a half crown piece and 3s. in silver, and then I was going to walk away; I told them they had got all the money I had; then the man that stood at my left hand said d-n your eyes where is your watch; I said I had not got one, for I had put the watch chain in side of my sob when I first saw them coming; and this man, Gardiner, rifted all about my breeches, and pulled my watch out; then they asked me for my pocket-book; the man that stood at my left hand did; I said I had none, and they turned out my breast pockets and pulled out this memorandum book; I begged very hard that they would return it to me, as it would be of no service to them, and of great service to me, and they gave is me back; and the man that stood next to me then said, d-n your eyes, brush; and I wished them good night, and away I went; there was a man in

the middle that (when I said I had no watch, and the prisoner put his hand in my right hand pocket and found one) said, d-n your eyes, I have a good mind to blow your brains out.

Q. Were they all dressed in soldiers habits? - A. This man had a white frock on.

Q. Why do you suppose this is the man that robbed you? - A. Because it was a light night, and I could see all their persons very plain; I have had them in my eye ever since; I am sure he is one of them.

Q. Had you ever seen him before? - A. Not before that night.

Q. Do you mean to say you took such observation of them, that you are sure he is the person? - A. Yes.

Q. How soon after the robbery did you see the prisoner? - A. I believe about a month after; I saw him in a hackney-coach; I knew him there, before I saw him at Bow-street.

Q. Had you made such observation before you were alarmed, as to be able to know him again? - A. Not before I was alarmed.

Q. You had no suspicion then that you were going to be robbed? - A. Yes, I had; I did not like the looks of the men, and I took very great notice of them; it was the longest day, and a very remarkable day; the man's life is a very great object, and therefore I am very clear of what I say; when this man took hold of my hand, I stood sideways, and saw every motion of him as plain as I see you now.

Q. Was your watch ever found? - A. No.

Jury. Q. How long did this transaction take? - A. They were with me I dare say five minutes, or six minutes, as nigh as I can recollect; I begged of them not to hurt to me, for they had got all I had.

THOMAS TING sworn.

I am an officer of Bow-street: On the 7th of August, between twelve and one in the morning,(Sunday morning) as I was just coming from Chelsea-common into the King's-road from the Fulham-road, I met three men, the prisoner, George Wilmot , and Thomas Devilhill ; Devilhill is since dead of the small-pox; I met them altogether one after another; I let them pass me, and caught hold of the last man, Devilhill; from him I took a silk handkerchief, three sarthings, and a knife; and where I apprehended him I picked this up. (Producing a very large bludgeon.)

JOHN TING sworn.

I am an officer of Bow-street: I apprehended Gardiner on the 7th of August in the morning; I was with my father, and I found this stick concealed under his coat, (producing it;) upon searching him I found a shilling wrapped up in a paper, three-pence three farthings, and a pocket-piece, a snuff-box, and a knife. (Producing them.)

JAMES STENSON sworn.

I am an officer of Bow-street; I was out on the 7th of August; we met three men coming into the King's-road, and I stopped Wilmot; I found nothing upon him but a pocket handkerchief, a knife, and a tobacco-box, and near the place this bludgeron. (The bludgeon produced by Thomas Ting .)

ROBERT HARRIS sworn.

I am a patrole; I was with Ting on the 7th of August; I apprehended the three men near Chelsea-college.

Prisoner's defence. I am innocent of the crime, my Lord.

For the Prisoner.

JOHN MACKLEAN sworn.

I am serjeant in the Coldstream regiment; I, have known the prisoner rather better than a year; he is a very good soldier .

Q. Do you know any thing of his private character? - A. No; I never heard any thing amiss of him before.

Q. Do you know where he was the 21st of June? - A. No.

Q. Do you know where he was the 7th of August? - A. No.

Q. Do you know where he was quartered? - A. I cannot justly recollect.

Q. Did you know Devilhill? - A. Yes; he is dead.

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

Q. Are they both soldiers in your regiment? - A. Wilmot is in the first regiment.

Jury. (To the Prosecutor.) Q. Whether at the time you saw him in the coach, you knew he was in custody? - A. No, I did not; I have weighed in every way to know whether I have my any doubts in my mind.

GUILTY Death . (Aged 20.)

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

Reference Number: t17960914-15

472. GEORGE WILMOT and JOHN GARDINER were indicted for that they, in the King's highway, in and upon Thomas Jones , did make an assault, on the 6th of August , putting him in fear and danger of his life, and taking from his person, a silk handkerchief, value 2s. and 1s. 3d. 3/4 in monies numbered the property of the said Thomas .

(The witnesses were examined apart.)

THOMAS JONES sworn.

I am a jobbing gardener , at Brompton, I had been to Kensington to see my brother; on Saturday the 6th of August, I went there about seven o'clock in the evening, I returned from there about ten; coming along, three men met me in the turn

ing from Kensington to Brompton, and stopped me about ten minutes after ten, and two of them held me while the other untied a handkerchief from off my neck, and then he searched my pocket, and found in my waistcoat-pocket, 1s. 2d1/2. after they had so done, they told me to make the best of my way home about my business, accordingly so I did: these are the two men that held me.

Q. Was the handkerchief ever found? - A. Yes.

Q. How do you know these are the men, were they in soldiers dresses? - A. No; only one of them, the tallest man (Gardiner) was dressed in a short jacket, and the other was dressed in an old green coat.

Q. Had they any arms with them? - A. They had two bludgeons.

Q. Which of them had bludgeons? - A. Both of them; I took a great deal of notice of them.

Q. How soon after did you see them again? - A. Not for a good while after that; I was gone down into the country, and I did not see them till they fetched me out of the country to Bow-street.

Q. How long was this robbery committing? - A. They might be about ten or twelve minutes.

Q. Was it a light night? - A. Star light.

Q. Was it light enough for you to know a man again? - A. Yes.

Q. When they were at Bow-street, they were shewn to you as two prisoners? - Yes.

THOMAS TING sworn.

On the 7th of August, between twelve and one, on Sunday morning, I was coming from Chelsea. I apprehended the prisoners, and took this handkerchief from Devilhill, (produces it), the two prisoners passed me, and Devilhill was behind.

Q. Were they all three in company together? - A. Yes; they were not six yards apart; I found this bludgeon just by the very spot where Wilmot stood, I picked it up close by where he stood; the other bludgeon was taken from Gardiner.

MARY BUTLER sworn.

I hemmed this handkerchief for Mr. Jones, it is his handkerchief.

Q. When had you seen it before? - A, The very same Sunday as he bought it.

Q. (To Jones.) Look at that handkerchief? - A. This is the handkerchief I had on at the time of the robbery, tied in two hard knots round my neck.

Gardiner's defence. I went to Kensington along with the young man that is dead, Devilhill, to meet his father; we were at the Coach and Horses, at Kensington, and this young man happened to come in, and asked us if we were going to Westminster, and we told him we were, and we came away directly, about half past eleven o'clock.

Wilmot's defence. I went to the Star and Garter, Kow-Bridge, with my brother-in-law, and went into the Coach and Horses and I saw these men: this man had a short jacket on; I asked him what regiment he belonged to, he said, to the Coldstream; I drank my bear, and we came away together, and it was half past eleven o'clock when this gentleman took us; when he got us into the watch-house, the clock went half past eleven.

Q. (To Ting). How were they dressed? - A. Gardiner had got a red dirty jacket on, and Wilmot had a green coat on.

For the Prisoner.

EDWARD NEWLAND sworn.

I am serjeant of the first regiment of footguards, I have known Wilmot three years, from the 4th of June, 1793.

Q. Do you know any thing of his private character? - A. No; he always behaved well as a soldier , he always came clean, and never in liquor.

Gardiner, GUILTY . Death . (Aged 20.)

Wilmot, GUILTY. Death. (Aged 24.)

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

Reference Number: t17960914-16

473. THOMAS CRIPPS and WILLIAM ALLEN were indicted for feloniously stealing, on the 28th of July , two linen bags, value 12d. and eighteen pounds weight of cotton, value 30s. the property of Charles Dixon , the elder , and Charles Dixon , the younger .

Second Count. Laying it to be the property of Joseph Turnley , and Charles Alexander Christie .

Third Count. Laying it to be the property of certain persons unknown.(The case was opened by Mr. Const).

AARON MORGAN sworn.

Examined by Mr. Const. I am a clerk to Messrs. Charles Dixon , senior and junior partner s.

Q. Had they any consignment of cotton in the Britannia? - A. Yes, sixty bags; Christie and Turnely were their lightermen , and were employed to bring it up to the wharf; on the 28th of August, Mr. Kiddy was employed as warehouse-man, he was employed to send one of his men to repair the bags, and collect the loose cotton.

JOSEPH TURNLEY sworn.

Examined by Mr. Const. I am a lighterman in partnership with Charles Alexander Christie ; I was employed to fetch sixty bags for Messrs. Dixon, from on board the Britannia.

Q. If any of it is lost after it is delivered into your care, who stands at the loss of it? - A. I do; I have already. On the 28th of August I went with the craft to take in these sixty bags; but before I went I left word that the bag-menders might be sent to repair the bags, which is the usual course; when I had got along-side they began, and gave me a great part of the cotton before the bag-menders came; Cripps and Jones came on board

came on board, the greater part of it was in the lighter; such as was necessary. I pointed out to them, that they might attend to them; I saw a great deal of cotton fall from Mr. Dixon's bags, and I desired Cripps and Jones to make a bag and collect that cotton, which they did, and it was filled; and finding that was not sufficient, I took a bag which contained the wrappers that they brought, and put the remainder into it, and chucked it to them on board the lighter, and we went to Wiggin's Quay, near Billingsgate , and Cripps and Jones came with us; Allen was then standing on the shore; I knew Allen, and called to him to assist me with a rope to make the lighter fast to the shore; when we came close to the shore, a conversation took place between Allen and Cripps, but I did not hear what they said; I saw Cripps, then take the two bags, and hand them up to Allen; I then turned to Jones, and asked him why they took those two bags away, that there was loose cotton in the large, which it was necessary to put in before the bags were delivered; Jones's reply to me, was, that he would stay by the lighter till she was delivered; I then turned my eye to the shore, and saw Allen and Cripps together; I then observed Allen look into the mouth of one of the bags; a conversation passed between Allen and Cripps, and Allen took the small bag, and Cripps the large bag, tossed them over their shoulders, and went up through Wiggins's gate-way; from that I was induced to suppose they had an intent to steal them, and I followed them up the gate-way; they crossed towards Billingsgate, they went directly on, I went across the way, and passed Mr. Pollard's street-door, and went in at the side-door, down Dice Quay gate-way; Pollard keeps the Tackle-porters public-house, that door leads down into the cellar; when I turned the corner, the man was follow in the cellar, that I could not see him, but I saw the back of the bag as he went down into the cellar with it; I went into the house, and looked about, right and left; I went back again, and stopped at the threshold of the side-door, in an instant, almost, in the space of a minute, the landlord came up, and I asked him if Allen was coming, he said there was no; Allen there, he knew no Allen; I then returned to the Quay, thinking they might have returned there, but they had not; I then went to see for my partner at the Custom-House, I could not find him; I returned to the lighter again, and there were the prisoners at work, he advised me to get a constable, which I did, and a friend of mine, Mr. Miller, went with me and the constable; when we came to the work, Cripps was there mending the bags; I called him out, and told him, I would not have him there, as soon as he came a shore, Wells called him a side, and talked to him; he then called me, and told me he had denied the fact; I told him where I saw him carry them, and then he gave way, that he was afraid he had done wrong, and that he could tell me where the cotton was, but he was afraid; I told him, I knew where it was, but would insist upon his going and redeeming the cotton; we went with him to the public-house, and Miller, and I, and Wells went down into the cellar, Cripps went into a side-room; when I got down, I saw all the bags of cotton I have mentioned, and a mat of cotton (producing them); I asked Cripps where the small bag was, he said he had emptied it into the large bag, and I asked him where the bag was, and he shewed it me empty, it was in the room; I asked him, how he came to bring it, he said, Allen desired him to bring it there; I asked him, who employed him, he gave me various answers, at last, he said, Jones had employed him to assist him; he told me, if he had done wrong, he did not know it, and was very sorry, and begged I would let him go about his business; Mr. Wells went and told Allen he was wanted at the Tackle-porters; when he came, he asked me what I wanted with him, I told him, I did not doubt but he knew what I wanted with him; I told him I had seen him bring the bags to the house, he then broke out, and declared it was the first time he had ever done any think of the kind, and would do any thing.

Cross-examined by Mr. Knowlys. (Counsel for Cripps).

Q. He represented himself as employed by Jones? - A. Yes.

Q. Allen was employed by Jones also? - A. No. I suppose him to be employed by his masters, the Mercers' Company.

Q. Allen is an older porter than Cripps? - A. Yes.

Q. Allen went before and Cripps followed? - A. Yes.

Q. And he said he had followed the orders of Allen, and did not think there was any harm in it? - A. He did to that purpose.

Q. Cripps returned to his work, did not he? - A. Yes; and Allen to.

Q. You don't know which came first? - A. No.

Cross-examined by Mr. Knapp. (Counsel for Allen).

Q. They both returned to their work? - A. Yes.

Q. Allen has been a porter upon the Quays many years? - A. Yes.

Q. Porter to the Mercers' Company? - A. Yes.

Q. And I believe, up to this unfortunate affair, maintained a good character? - A. Yes.

FREDERICK GRAVES sworn.

Examined by Mr. Const. I am a Custom-house officer; on the 28th of July, I was on board the Britannia, and saw both the prisoners at work

there; some of the bags were broke, and I saw Cripps and Jones mending the bags; the bag was handed into the lighter by Mr. Turnley.

WILLIAM WELLS sworn.

I am a City constable: Mr. Turnley applied to me on the 28th of July, to take the prisoners into custody, which I did; Cripps denied knowing any thing of the cotton; I said I should take him to the Compter; he said, he believed he had done wrong, and he would go with me to the public house; we went there; Mr. Turnley and Miller went with me; I found the two bags of cotton below; my partner staid in the house with Cripps, and Mr. Miller brought up Allen; he said he was very sorry for it.

Cross-examined by Mr. Knowlys. Q. Did not the prisoner say he had been desired by Allen to take them; that he was very sorry he had done it? - A. Not in my hearing; I did not hear him say a word about Allen.

Q. He has not been upon the quays? - A. I never saw the man before that I know of.

Q. Allen is an old workman? - A. Yes; a workman there a great many years.

The prisoners both left their defence to their Counsel.(Cripps called two witnesses, who gave him a good character.)

Cripps, GUILTY . (Aged 25.)

Allen, GUILTY. (Aged 48.)

Allen confined one month in Newgate , and fined 1s. Cripps transported for seven years .

They were both recommended to the mercy of the Court by the Jury .

Tried by the London Jury, before Mr. Justice ROOKE.

Reference Number: t17960914-17

474. DAVID JONES was indicted for feloniously stealing, on the 23d of July , five ounces and a half of rhubarb, value 3s. 6d. the property of Thomas Harrison , Edward Fawkes , and John Horner .

JOHN HORNER sworn.

I am a wholesale druggist , No. 28, Bucklersbury , in partnership with James Harrison and Edward Fawkes ; the prisoner was a porter in our house. On the 23d of July, after having been certain that we had lost a great quantity of rhubarb, we weighed our stock of rhubarb, that was open particularly; and in the afternoon about five o'clock, we found some had been taken; when our porters left their work, for we have another besides him, about half past seven o'clock, I saw them go into the public house, the Green Man, in the neighbourhood; I had sent for a constable, and went with my partner, Mr. Harrison, to the door, and gave charge of both the men; I saw the two men come out, and Fenner the constable had charge of them; they were coming from the public house towards our own house; Fenner and the prisoner went first, and I walked behind them; the other porter was with Mr. Harrison; I saw the prisoner put his hand to his right hand pocket, and then the constable perceiving it, put his hand upon Jones's hand, and I saw him take four of five pieces of rhubarb out of his pocket; that was within four or five doors of our house, and then he confessed he had taken it from us.

Q. Had you used any threats or made any promises to induce that confession? - A. Neither; he said, he had taken about five or six pounds of rhubarb, and not more; on the 16th of July we had taken stock very accurately, we found a deficiency then of 68lb. between the 1st of May and the 16th of July, which is a very large quantity, and which we could in no way account for.

Jury. Q. How much had you in the house at that time? - A. Upwards of 200lb. suspecting we had been robbed we cut round holes with a knife; at first we thought of putting paper into the holes, but we thought the pilferer, whoever he was, would be aware of that; there are two or three pieces of these pieces that are so marked, we had marked them that very morning; Mr. Harrison and myself went to see him the next morning at the Poultry Compter.

Q. Now I must ask you again, if you made use of either promises, or threats to him? - A. I did not; he then said, he had been in the habit of taking rhubarb from our house since April; that he was induced to do it by a man of the name of Bavington, who lived in Old-street-square; we found he told us truly; there was such a man there, and we searched his house, but found none; he told us that Bavington gave him 4s. a pound.

Q. What may be the value of rhubarb a pound? - A. The rhubarb that was found upon him cost 9s. I believe, or 9s. 2d. it was not fine rhubarb; he said that Bavington way-laid him, and induced him to steal; the other porter is still in our service; we have no reason to suppose he was an accomplice.

FENNER sworn.

I am a constable, street-keeper of Cheapside; I was applied to on Saturday the 23d of July by Ms. Horner, to apprehend the prisoner; I kept a lookout for the porters when they left work, and I took them between seven and eight in the evening, I and my brother officer; I took charge of the prisoner; as we were going from the Green Men to Mr. Horner's, I observed the prisoner put his hand into his right hand coat pocket; I immediately seized his wrist, and took it out of the pocket; I put my hand into it and pulled out some pieces of rhubarb; in going to the Compter with him I wished my brother officer to go before the

Lord-Mayor for me on Monday, because I was obliged to go to Guildhall assizes; the rhubarb was not opened before my Lord-Mayor till I returned; my brother officer kept it fastened up, (produces four pieces of rhubarb, they are deposed to by the prosecutor.)

Prisoner's defence. I have been in London sixteen years, and never did any thing of the kind before; I have a large family, and beg for mercy.

Jury. Q. Does not the rhubarb lose considerably in its weight by dryness? - A. No, rather the contrary; we never found a deficiency before in taking stock, but rather the reverse.

Court. Q. How long had he lived with you? - A. Between four and five years; during that time I entertained a good opinion of him.

GUILTY , (Aged 55.)

Transported for seven years .

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

Reference Number: t17960914-18

475. JAMES HALL was indicted for feloniously stealing a wooden chair, value 16s. the property of James Robson , September the 2d .

ISAAC MANSFIELD sworn.

I am a broker, and live in Church-street, in the Little Minories: On Friday evening, September the 2d. about six o'clock, the prisoner came to my shop, and offered a new mahogany chair, with two rows of brass nails, to sell; I had a suspicion it was stole, and asked him where he lived; he said, Whitechapel; he told me, if I would not buy it somebody else would; I told him I could not part with it; then he said, it was his sister's, and he would go and fetch his sister; he said, she lived in Red-lion-street, Whitechapel; he attempted to go and fetch her, and I stopped him, and sent for our beadle, and gave charge of him. I believe somebody told him he had better confess where he had it, and the man might forgive him; they took him away, and in about twenty minutes after, I was sent for to the office with the chair, and was bound over; I took the chair back, and have had it in my possession ever since.

GILBERT MELVILL sworn.

I am shopman to Mr Robson, Little Ayliffe-street, Goodman's-fields : On the 2d of September, about half after five, as I stood at the shop-door, two ladies looked at the chairs, which were standing on the outside of the door, and asked the price of them, there were six mahogany chairs with brass nails, I told them the price; they asked me how many I had got; I told them I had got six.

Q. Was the prisoner present? - A. No; they said there were but five; I went out of doors, and was astonished to find there were but five; I had bought them about three the same afternoon, and set them at the door, they had never been in the shop; I was backwards and forwards, in and out of the shop, according as people came to the door; they told me there was a man at a shop in the Little Minories with a chair to sell; I went immediately, and before I got there, I met an officer who had got charge of the prisoner; he was brought down to Mr. James Robson 's shop, and when he saw me, he begged me ten thousand pardons, and begged I would forgive him; we went down to the Rotation office, in Lambeth-street, and I saw the chair there; I knew it to be one of the half-dozen. (The chair was produced in Court).

Mansfield. That is the chair the prisoner offered me for sale.

Q. (To Melvill.) Can you speak to that chair positively? - A. I can; I generally have a mark in the bottom to know what they are stuffed with, before I buy them. I marked this, the mark is here now, the pattern and mark agree with the others; I know it also by the corner being broke.

Prisoner's defence. Last Friday week, as I was coming through Goodman's-fields, I met an old Jew that had got this chair up in a corner; I turned back, and said, my friend, that is a nice chair; he said, yes, master, I have got it to dispose of; I told him I had but very little money about me, I could not purchase it; he told me his sabbath drew very near, and I should have it very cheap; I asked him what I should have it for; he told me I should have it for five shillings; I told him I had but three in the world, and I would give him that if he thought proper to take it; he said, if I had got no more money, and as I had to make my money of it again, I should have it for that money; I gave him the money, and had the chair of him; I took the chair to the first brokers I came to, to offer it for sale, which was in the Little Minories; he said, he did not think I came honestly by it, and he should stop me and the chair too, which he did; he sent for a constable, who took me to Mr. Robson's house, and to the Justice's, where I was committed here.

GUILTY . (Aged 42.)

confined six months in the House of Correction , and fined 1s.

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

Reference Number: t17960914-19

476. ELIZABETH ROBERTS was indicted for feloniously stealing a silk gown, value 10s. 6d. the property of Alexander Purse , July the 12th .

WILLIAM WAKEFIELD sworn.

I live with Mr. Alexander Purse , pawnbroker and salesman : On Tuesday the 12th of July, between seven and eight in the morning, our lad hung up a silk gown and petticoat in our shop; between that and twelve o'clock, I was in and out of the shop

frequently; between eleven and twelve I missed the gown and petticoat; I sent the lad round to the gentlemen in our trade, and the gown was brought to me by Clarke, the officer, about eight or nine o'clock in the evening.

JOHN CLARKE sworn.

I am an officer; I was sent for to take charge of the prisoner at Mr. Crouch's, a pawnbroker's, just by our house.

Q. How far is that from the house of Mr. Purse? - A. About a quarter of a mile, I believe; she had this bundle of things in a handkerchief, the things have been in my possession ever since; she gave no account of this gown, I found out where it came from afterwards.

JOHN MILLIS sworn.

I am servant to Mr. Crouch; I sent for the officer on the 12th of July; about eight in the evening, I was taking the things down from the door, the prisoner came in, I saw her looking at some gowns hanging in the shop for sale, I missed a poplin gown; I went to the door, and saw the prisoner going along with the gown under her arm, part of the gown hung below her cloak; I brought her back with the property on her, I did not see what was in the bundle; the constable took her to the Compter, and there he searched her. (The silk gown was produced in Court).

Mr. Purse. It is mine, I know it from the trimming of it; the officer found my private mark on the prisoner.

Clarke. There was a ticket on the gown when I apprehended her. (Producing it).

Mr. Purse. This is my own hand-writing, it is a ticket I pinned on the gown myself.

Prisoner's defence. I bought the silk gown of a woman who had bought it, and had it to sell again.

GUILTY . (Aged 50.)

Confined six months in the House of Correction , and fined 1s.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960914-20

477. MARY BROWN was indicted for feloniously stealing, on the 17th of August , a leather thread-case, value 4s. 6d. a penknife, value 4d. a pair of scissars, value 8d. and a pair of tweezers, value 1d. the property of Joseph Dawes , privately in his shop .

JOSEPH DAWES sworn.

I am a jeweller in Cheapside ; I have two shops. No 38 and 39: On Wednesday the 17th of August I was called down from dinner by the bell ringing; I came down into the shop, No. 38, and was told there was a thief in the other shop; I went into the shop No. 39, and saw the prisoner with some pocket-books before her in a drawer; I asked her what she wanted; she said a pocket-book with a glass, a knife, and scissars, and other things in it, at about five or six shillings; I told her a pocketbook of that sort would come to fourteen or fifteen shillings, and that we had no such thing; she immediately went out of the shop; I did not believe that she had taken any thing from me; she was afterwards brought back with my pocket-book upon her.

DAVID ALCOCK sworn.

I am a hardwareman, No. 37, Cheapside: On Wednesday the 17th of August, the prisoner came into my shop and asked for some ladies thread-cases; from an intimation I had received I watched her closely; she went from me to Mr. Dawes, No. 39; I went to No. 38, to inform Mr. Dawes what sort of person he had in his shop; in about half a minute she left the shop, and we followed her to a pawnbroker's in Newgate-street, where I saw her offer a thread-case to pledge; I examined it, and found it was not mine; I desired a person who was with me to stop in the shop while I fetched Mr. Dawes; when he came he said he could swear to the property, and the pocket-book was delivered to the constable.(The pocket-book was produced by Charles Hunt , the constable, and deposed to by the prosecutor.

Prisoner's defence. I was in distress to discharge my lodging; my landlord was a very severe man, and put a padlock upon my door.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960914-21

478. JEREMIAH PUDDIFAT was indicted for the wilful murder of Thomas Lander on the 24th of April .

(It appeared in evidence that the deceased was run over by a carriage, but there being no evidence to identify that the prisoner was the driver,

NOT GUILTY .

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

Reference Number: t17960914-22

479. WILLIAM CLARK was indicted for the wilful murder of Michael Connell , on the 16th of August .(The case was opened by Mr. Knowlys.)

LAMB BEAZLEY sworn.

Examined by Mr. Knowlys. I live in Angel-alley, Bishopsgate-street. I deal in fish: On the evening of the Duke of York's birth-day, the 16th of August, I was in Bishopsgate-street , when the Mail coach came by; there were a great number of people in the street, men, women, and children, on both sides of the way and in the road, looking at the illuminations that were lighting up; by New-street I was looking after a little boy belonging to me at

the same time; and when the man began to light up the lights, three or four children ran across the way clapping their hands, rejoicing like to see the lights; upon that I turned my head round to see if my little boy was among them; I then saw the Mail coach coming very fast; I immediately stamped my foot, and holloaed to the children immediately to get out of the way; they got away as well as they could; and as the little boy that was killed was making his escape over to the other side, the horse's feet came rearing up, and the right side foot knocked the child down, and the horse behind him-trampled over him as he lay upon his belly; the two wheels went over his back; the child was carried away; his name was Michael Connell .

Cross-examined by Mr. Fielding. Q. At this time it was not dark? - A. No.

Q. You saw the Mail coach sometime before it came to this unlucky spot? - A. Yes.

Q. It was coming on very fast when you first perceived it? - A. Yes.

Q. This boy came first from the side opposite the lights? - A. Yes.

Q. And then he ran across back again? - A. Yes.

Q. The horses feet rearing struck this poor child? - A. Yes; the horses feet were rearing some time before they came up to the mob.

Q. Supposing it possible for any accident to have happened by the rearing of the horses feet, he could not possibly stop the horses before the wheels went over the child? - A. I don't think he could.

Q. Did you hear the horn blow before the coach came up? - A. I cannot say I did.

ESTHER WISE sworn.

Examined by Mr. Knowlys. I live in the Willow-walk, Holywell-mount: I was in Bishopsgate-street at the time this child was killed; a great many people were in the street at the time seeing the illuminations; I sat at the corner of New-street with fruit in a barow, and I was going to cross over for a candle; the Mail coach was going by at the same time; I made a stop for it to pass me; I ran directly behind the coach as it passed me, and I saw the horses rear up, and I saw the child under the fore horses feet, and the child turned upon its side as if trying to get up, and the other horse trampled upon him; I don't know whether the wheel went over him or not; it was done in an instant, and the mob gathered, and I saw no more of it.

Cross-examined by Mr. Fielding. Q. You wanted to cross the way to get a candle? - A. Yes.

Q. You saw the Mail-coach coming, stopped till it was passed, and went under the tail of the coach, so that you saw you could not get over first? - A. Yes.

Q. Which side of the way was this coach coming? - A. I believe in the middle of the road, I cannot say.

Q. Which side of the way was the illumination preparing? - A. Facing the church.

Q. Did you hear the clapping and huzzaing? - A. Yes; the boys were making a great noise, huzzaing.

Q. Did you happen to hear the horn of the Mail-coach? - A. I was not aware of it.

Court. Q. What age was the child? -

Mr. Fielding. Ten years of age, my Lord.

DENNIS BRAMES sworn.

Examined by Mr. Knowlys. Q. I was standing to see the lamps lighting, and I saw the Mail-coach coming along at a very great rate indeed; just as it came to the spot, the man came out to light the lamps with a ladder, the boys set up a great holloaing in the road, the fore-horses reared up, and knocked the boy down, and the off hind horse trampled over him, the off fore-wheel and off hind-wheel went over his back and loins; I saw the boy taken up, and in a few minutes after brought in to the doctor's and the coach went on at a very great rate afterwards.

Cross-examined by Mr. Fielding. Q. The boys made a great holloaing? - A. Yes.

Q. Was it that that frightened the horses do you think? - A. I dare say it might.

Q. It would have been difficult to have made yourself heard, perhaps, at twenty yards distance? - A. Yes.

JAMES SHAKESHAFT sworn.

Examined by Mr. Knowlys. I live in Sun-street, Bishopsgate-street; I was on my return home from a little beyond Bishopsgate church, I perceived a Mail-coach coming very furiously along, gallopping; when I first saw it, it might be forty or fifty yards from the place where they were illuminating; I heard no horn blow, but at the rate that it was coming at, any one that stood in the way must have been killed, it was then in the middle of the road; I looked forward and perceived the road was quite clear, which I was very happy to see, the people being mostly on the sides of the road-way, and just as it got near the people, the horses were swept all at once upon the right hand side, I perceived it going among the people then; I then turned my head round, I could not bear to see it, I was sure something would happen; then I turned round again, and saw them gallopping still on, and in about a minute or two a child was brought to the other side of the way, that, it was said, was run over, I did not see it happen; when the coach drew up, I thought he was going to take up a passenger.

Cross-examined by Mr. Fielding. Q. There was a great holloaing? - A. Yes; but that was stopped

just as they came a-breast of them, and they were clearing for the coach.

Q. Did you observe the horses rearing? - A. They were upon the full gallop, and they plunged in gallopping; the coach drew my attention more than the lights.

Q. You were one of the officers of the Police Office? - A. Yes.

Q. You are retired from that sort of situation now? - A. Yes; I was headborough for seven years. I left it with credit.

BOLT WHITE sworn.

Examined by Mr. Knowlys. I was guard to the Newmarket Mail-coach on the evening of the accident.

Q. Who was the driver of the coach that evening? - A. William Clark, the prisoner.

Q. Your place is behind the coach, not upon the box? - A. Yes.

Cross-examined by Mr. Fielding. Q. You were the guard? - A. Yes.

Q. You had a horn, I take it for granted? - A. Yes.

Q. Did you blow the horn frequently as you came along Bishopsgate-street? - A. Yes.

Q. This horn of your's was as a warning that you were coming along? - A. Yes.

Q. Do you remember when you were coming near a spot where illuminations were preparing? - A. Yes.

Q. Do you recollect whether you there blew the horn? - A. Yes; all through the croud of people,

Q. Was there a noise, huzzaing and shouting, when you came near this place? - A. Yes; just as we went through it.

Q. Do you recollect at which side the coach was going, at this time? - A. Rather nearer to the church side of the road.

Q. Were you going at more than the usual pace that you go, down Bishopsgate-street? - A. Much the same that we commonly go.

Q. How long has that poor fellow driven the Mail-coach? - A. About seven months.

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

Q. Is he a good natured fellow? - A. Yes.

Q. He would not do a mischief to his fellow creatures, I hope? - A. No.

Q. Was he sober at that time? - A. Very.

Q. When was it that you knew of the accident having happened? - A. I did not know of it till we got to the Bald-faced-stag upon Epping Forest.

Q. When it was made known to him did he express his sorrow? - A. He told me of it when we got there; a passenger, that had got up afterwards, told him that he had run over a boy.

Q. Did he accompany this declaration to you with a proper feeling? - A. He said he did not know whether he was hurt, he hoped not.

Mr. Knowlys. Q. Did you hear the cries of the people at all as you passed by? - A. No.

WILLIAM HEADINGTON sworn.

Examined by Mr. Knowlys. I am a surgeon, in Spitalfields; I was passing by at the time of the accident, the child was dying at the time I heard it, and I immediately crossed over.

Q. Did you, upon looking at the body, from an opinion whether the running over was the cause of its death? - A. There can be no doubt of it.

Prisoner. I leave my defence to my Counsel.

For the Prisoner.

JOHN MORRIS sworn.

Examined by Mr. Fielding. I live in the house of Messrs. Hopkins and Garret, in Change-alley; I was passenger in the Newmarket Mail at the time, I sleep out of town, and frequently get a lift by it, I leave the office about the time that the Mail goes off; coming down Houndsditch I saw the Mail go past, I ran after the Mail.

Q. How far was the Mail before you when you first saw it? - A. It might be forty or fifty yards before me; I went after it, and overtook it at the time of the accident; I saw the wheel go over the deceased, I saw it was a boy, and as I was following the coach I jumped over the boy, and overtook the coach immediately after.

Q. How far did the coach get from that spot before you overtook it? - A. At the utmost twenty yards; I stopped the coach, and got upon the box with the coachman.

Q. I take it for granted you had no idea that death was near at hand? - A. No; I did not conceive that I could give any assistance, and I went on.

Q. What were his feeling when you told him? - A. From a man in his profession of life, I could not have thought he would have had such feeling.

Q. You were enabled even to overtake the coach? - A. Yes.

Q. As you were following the coach in Bishopsgate-street, and the coach was your object, you were more likely to take notice of that; did you hear the man blowing his horn? - A. I cannot say I paid any attention to that.

GEORGE BOULTON sworn.

Examined by Mr. Fielding. Q. We all know you have a large concern, how long have you known the prisoner? - A. From his infancy.

Q. What is his behaviour for humanity, kindness, and good-nature? - A. A lad of a remarkable good disposition.

Q. As to his sobriety? - A. I never knew him in liquor in my life; he was brought up by my father, and has lived with me ever since; he has drove

this Mail from the first day I had it, which was the 19th of February; I think he has drove different Mails for me a great many years.

Q. You are under articles from the Post-office to go in a certain time? - A. I am compelled to go to New market in eight hours; 63 miles; they must go full ten miles an hour; government compels us to do that; there are five changes of horses in the night, and stopping for passengers to refresh; I am sure they must go full ten miles an hour.

THOMAS WILSON sworn.

Q. You and your father are proprietors of a great many of the Mail coaches? - A. Yes; I have known the prisoner some years.

Q. From the opportunity you have had of forming a just opinion of his heart, what character does he deserve? - A. I believe he is a very good young man.

Q. Is he a tender man? - A. Yes; I believe he is.

Q. To his horses under him, his cattle, what is his behaviour? - A. Extremely good.

Mr. Fielding. I have a number of witnesses from the Post-office, but I will not trouble the Court with any more.

The Jury having retired about two hours, brought in a verdict

NOT GUILTY .

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

Reference Number: t17960914-23

480. MARY BROWN was indicted for feloniously stealing, on the 26th of August , ten pair of women's leather shoes, value 20s. a pair of women's slippers, value 2s. and 120 halfpence, value 5s. the property of John Tibbet .

JOHN TIBBET sworn.

I am a shoe-maker , No.93, White-cross-street ; the prisoner was my servant : On Friday the 26th of August, I had been in the City; I came home, and my brother, who is my shopman, desired me to turn the prisoner away; I sent her out, and went up stairs to look at her boxes, I found nothing there; I looked in a drawer which her mistress had given her leave to put her things in, and there I found a paper with five shillings worth of halfpence in it; I can swear to the paper; I looked further, and under her bed, I found a pair of women's leather slippers, new; we had our dinner, and then I went to Worship-street.

Court Q. Had other people access to the room? - A. The door was not locked, nor the drawer; I went to Worship-street for an officer; she was very agreeable I should search her room, I found nothing, she pulled out the drawer, and the halfpence were then all gone; says I, is there nothing in that drawer? no, says she; says I, it has been moved; and I told her to look under the bed, she looked, and the shoes were gone, she had moved them while I was out; she went down stairs, and fetched a five shilling paper of halfpence from below stairs, and she said, that was them; I looked, and behind the glass door, in the garret, over her bed-room, I found this pair of slippers (producing them).

Q. That garret was open too? - A. Yes; in the drawer, I found a duplicate, (produces it).

THOMAS KIMBER sworn.

I am servant to Mr. Johnson, pawn-broker, in White-cross-street, (produces two pair of women's leather slippers). I took in one pair on the 1st of January, and the other on the 20th of February; I took them in of the prisoner at the bar, in the name of Susan Cooper , a name which she was always used to go by in our shop.

Q. Is that your duplicate? - A. It is, 1st of January, 1796.

- STAG sworn.

(Produces eight pair of shoes, pawned by different people); there is only one pair I can swear to was pawned by the prisoner, the 30th of July, pawned for 2s.; I cannot positively say who I took the others in of, they are pawned in different names; I have known the prisoner for a long time, four or five years, she always assumed the name of Cooper.

Q. Have you any doubt about the others? - A. I cannot say any further; there are four pair in the name of Cooper, and two in the name of Williams, one pair in the name of Miller, and one in the name of Smith, at different times; there is one pair as far back as November.

SARAH NEVILLE sworn.

(Produces two pair of men's leather shoes), one was pledged in the name of Mary Smith , and the other of Elizabeth Brown , for Mary Smith .

JOHN WARY sworn.

I took the prisoner into custody, (produces a parcel of shoes); I had these from Mr. Jones's, at Golden-lane; they refused to deliver them up, and I got a search warrant.

Mr. Jones's Servant. The prisoner has been in the habit of pledging shoes at our shop, but I cannot say whether any of these were pledged by her or not.

Prisoner. These are my shoes, here is the letter T in the inside, one pair is in an unfinished state, these are all my property, and all my make.

Prisoner's defence I have nothing to say any further, than that which is laid to my charge I know nothing about.

GUILTY .

Transported for seven years .

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

Reference Number: t17960914-24

481. SAMUEL MARTIN was indicted for feloniously stealing, on the 31st of July , nine live tame geese, value 20s. the property of John Higgs , the elder.

JOHN HIGGS , senior, sworn.

I am a farmer , in the parish of Harrow : On the 31st of July, my son called me, and told me he believed all the geese were lost, he had been all round the premises, and could not see one; I laid down about ten minutes, and heard somebody in the yard, and I got up, and it was my son, and he had got the prisoner, with nine geese.

JOHN HIGGS , junior, sworn.

I am son of the last witness; on the 30th of July, near twelve o'clock at night, I was alarmed by the barking of the dogs; I got out of bed, and opened the window; I heard the rustling of the geese, as though somebody was trying to catch them; I went and called the man, and desired him to get up; I went down to my father's yard, where the geese used to lay, and I could not find them, and then I went round the back side of the buildings, and coming the back way into the yard again, I found the gate propped open; and then I called to my father, and told him I thought the geese were stole; I listened at the top of the hill, and could not hear any thing, and then I went into my father's orchard, and within twenty yards of the orchard gate, I met the prisoner with a sack at his back; I took him by the collar, and insisted upon searching the sack, which I did; and found it contained nine geese, and I took him down to my father's house.

Q. Do you know them to be your father's geese? - A. They are my father's geese I am sure; for I have seen them every day, and ten times a day; they were left at my father's house with two or three men the rest of the night.

Prisoner's defence. I had been out a harvesting, and coming home late at night I was very much tired, and I laid down in the shed; and this farmer came with a pitch-fork and this bag and took me.

Jury. (To the witness.) Q. Was he making his way from your dwelling? - A. Yes.

Prisoner. I have got a large family.

GUILTY . (Aged 39.)

Transported for seven years .

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

Reference Number: t17960914-25

482. JOHN GILBERT was indicted for feloniously stealing, on the 14th of May , a bill of Exchange value 12l. another bill of Exchange value 24l. 13s. 7d. another bill of Exchange value 40l. another bill of Exchange value 161. another bill of Exchange value 10l. a promissory note value 20l. another bill of Exchange value 726l. 3s. another value 50l. another value 10l. 8s. another value 22l. 16s. another value 111l. 12s. 2d. a promissory note for 1081. another bill of Exchange value 29l. 4s. and another bill of Exchange value 26l. 14s. 11d. the property of Tobias Atkinson and Robert Robson .

(The witnesses were examined apart at the request of the prisoner.

The case was opened by Mr. Knowlys.

JOHN WITHERS sworn.

Examined by Mr. Knowlys. I have been clerk to Messrs. Atkinson and Robson, Notary Publics at the Royal Exchange , fifteen years; the firm of the house is Tobias Atkinson and Robert Robson ; the prisoner had been in their service as a clerk about six weeks before this happened: On the 14th of May, the Saturday before the absconded, I delivered him fourteen bills and notes, which I have a copy of taken from our books, they are the same that are set forth in the indictment; when I delivered them to him, I said, Gilbert, present these bills, take no money, but get the best answer you can about them and let us have them on Monday morning; it is the invariable custom to present the bills but not to receive money on them.

Q. Be so good as look at that bill, and see if that is one of the bills you delivered to him? - A. It is; I did not see him again till he was in custody about a month after.

Q. Did he ever bring the bills to account to your office? - A. No.

Q. What were the amount of the whole? - A. About 1200l. they have none of them been recovered from that time to this.

Q. Do you know the prisoner's hand-writing? - A. Perfectly well; I have had many opportunities of seeing him write.

Q. Look at the receipt the back of that note, is that his hand-writing? - A. It is.

Q. Look at that letter, and the promissory note annexed to it, do you believe that to be his handwriting? - A. Yes.

Q. Now look at that, (shewing him another letter?) - A. This is his hand-writing.

Q. Do you know when that letter was received? - A. The Monday morning about eleven o'clock.

Court. Q. Did he send any money with it? - A. No money whatever; he enclosed a promissory note for the three bills he had received.

Q. I understand it was contrary to his orders, he had no authority to receive money for any bills? - A. Yes.

Q. If it is tendered, is not he bound to receive it? - A. He is not.

Q. If it is tendered, do you never receive it? - A. Never; I would make an observation when I said never; young men, when they first come into

the office, not knowing the business, may have received money.

Q. The general rule of the business is the contrary? - A. Yes.

Q. None of these bills to your knowledge have been forth coming? - A. None of them.

Q. Your masters, as Notary Publics, are bound to make good these bills? - A. They are.

Q. About what time were the two letters received? - A. I cannot say; it might be a week, or it might be a fortnight; I cannot charge my recollection.

Cross-examined by Mr. Ally. Q. You are a fellow clerk in the same office? - A. Yes.

Q. Do you mean to tell us, that having been fifteen years in the office it is not the custom to receive the money? - A. Yes.

Q. Are they not put into your hands to obtain payment? - A. It is generally supposed so; but the particular reason is, to know the reason of its not having been paid.

Q. Then the whole use of a Notary Public is to obtain a sum for presenting them? - A. A Young man may take the money if he is intimidated.

Q. Have you never received bills that you have offered? - A. I cannot charge my memory whether I have or not; it is so long since I have carried out bills.

Q. Have you often done it? - A. I have not often done it.

Q. Have you received money on bills? - A. It is probable I may; I don't know that I ever did.

Mr. Knowlys. By intimidated you mean they offer to pay the bill, and refuse to pay the fee? - A. That may be the case.

Court. Q. There are eleven bills, of which he gives no account? - A. There are.

Mr. Ally. Q. You speak to this bill that has been produced, and undertake to say it is one of the bills you gave him; had you received them the same day? - A. There are two; I undertake to speak to both.

Q. Can you venture to speak to these bills from recollection? - A. No; from seeing the bills themselves, and some marks upon them.

Q. Do you undertake to swear these bills went through your hands, and you gave them to the prisoner? - A. Yes; I can speak to them from the bills themselves, as well as from the books.

Q. Can you swear from your recollection alone without the books? - A. I can from seeing the bills; I could not without; there is the private mark of our book on the bills.

Mr. Knowlys. Q. You have copies of all the bills mentioned in the indictment? - A. I have them in my pocket.

Q. See whether the mark of the book is on that bill? - A. It is. (The first letter read.)

Messrs. Atkinson and Robson, 16th of May.

Sir,

I have been swindled out of the bills on the West-walk, Saturday last; I received the following bills, 20l. 2s. 6d. on noting on Watts and Gibbs; 12l. 12s. on J. Collings; and 10l. 10s. 6d. on Mr. Lukyn. I beg you will not distress my mother by enquires after me, for the is in too much trouble already from my bad conduct.

"Your obliged humble servant, J. Gilbert."

The enclosed is a promissory note for the notes I have received, which, when in my power, I will make up, and you must act as your own good sense will lead you.(The other letter from the prisoner, in consequence of his having been advertised, read).

"Sir,

"Advertisement is not the method to recover the bills, and puts me to perpetual shame; I never attempted, or intended to negociate them; you can have no idea of the state of my mind, verging on despair; but I am determined, if I am taken, which is very improbable, not to give up the bills which I have obtained by a stratagem from those who defrauded me of them; there is but one mode to obtain them, upon the following terms: pay to William Wakely , Paradise-row, 401. - 201. of which to be paid to discharge a debt due by me for lodging, &c. and the remaining 201. to be by him deposited in the hands of my mother, Ann Gilbert, No. 23, Pitfield-street, Hoxton, for my use, as I am destitute of money and cloaths; on your complying with this, and inserting an advertisement in the Morning Advertiser, the bills will be returned. This is my determination, the remainder I leave to fate."(Then follows the form of the advertisement they were to insert in the Morning Advertiser).

TOBIAS ATKINSON sworn.

Examined by Mr. Knowlys. I am a Notary Public, in partnership with Mr. Robson; the prisoner was one of our clerks.

Q. What is the custom of your business respecting notes? - A. The first instruction is, you are to bring this bill, or note, back, and take no consideration for it, but bring it back as you receive it; that is invariably the rule, else I would not continue in the profession; we return them the next morning.

Q. Whether you are answerable for the loss of any bills entrusted to you? - A. I am.(Shewing him a Bill of Exchange for 10l. 8s.)

Q. Have you made good that bill to the owner? - A. I have, and two others.

Q. To what amount are those bills now withheld by the prisoner? - A. Very near eleven hundred pounds.

Q. Can you recollect at what time you received the two letters? - A. One, the Friday morning after he absconded; the first letter was directed to the firm, and left at the office; the second was directed to me, privately, and sent to my house.

Q. Then you are liable at present to account for near 9001.? - A. I cannot say that; some were accommodation paper, others are demanded, and I am threatened with actions at this moment.

Q. When was the advertisement inserted? - A. The Thursday following.

Q. Did you advertise him again? - A. The first advertisement was for obtaining the property.

Court. Q. Was he your servant living in your house? - A. No; my clerks board themselves.

Q. He came to your house every day? - A. He absented himself once; he was there the day before, and the Thursday.

Q. Is that the advertisement (shewing it him) you caused to be inserted? - A. I penned this advertisement myself, it was inserted the day before I received the letter from him; it is an advertisement reciting some of the bills mentioned in the indictment. (It is read) "Thursday the 19th of May 1796; twenty pounds reward; whereas John Gilbert , otherwise Gibson, late a clerk in the City of London, was entrusted with the under-mentioned bills, with which he has absconded, viz.(describing them) the public are cautioned not to take any of the above bills in payment."

Cross-examined by Mr. Ally. Q. Is it not usual for you to have security from the friends of your clerks? - A. No.

Q. You would not continue in the profession if this usage do not take place? - A. I have a right to the 2s. 6d. (The receipt read.) "Received for Atkinson and Robson. J. Gilbert."

JOHN HAYWOOD SPENSLEY sworn.

Examined by Mr. Knowlys. Q. You are a brother clerk of this young man? - A. I was; I met with him on the 27th of June, and apprehended him; I asked him where the bills were; he said, what bills; I told him, the bills he ran away with; he said, what was that to me; a scuffle ensued, a constable came up, and he was apprehended; he told the people it was a debt, and I had no business with him, and the people took his part; I sent a clerk who was with me, to the office, and before he returned, a constable came up, and we secured him.(Mr. Ally objected, on the part of the prisoner, that this was a mere breach of trust, and not a felony; but the objection was over-ruled by the Court).

Prisoner. (To Withers.) On Saturday the 14th of May, did not you receive a bill from Thomas Dresdale , the publican, the very same day you gave me these bills? - A. Yes, most clearly.

Q. And you received that money, and gave a receipt for it in the name of your employers? - A. Yes.

Q. And you are a fellow clerk of mine? - A. Yes.

Q. And you had no warrant of attorney for that purpose? - A. No.

Q. Then why might not I have received it as well as you, you being a fellow clerk -

Court. Q. How came you to receive that? - A. It was from a publican in Bond-street. For the accommodation of both parties the bills were left at our office; we sent them out in the evening to the Notaries, and the same direction as with other bills not to receive them at that time.

Court. Q. Was that single bill received by you, under specific directions respecting that bill alone, or are all bills received in the same way at your house? - A. When they go out of the office for the purpose; this bill was never out of the office.

Court. Q This bill was left for the purpose of your receiving it? - A. Yes.

Prisoner. Q. Have you never received any other bills? - A. Yes.

Prisoner. Q. And have not other clerks received other bills? - A. During the length of my clerkship I may have received bills when I have been sent out for them.

Court. Q. Bills sent for the purpose of being received? - A. They were not sent for the purpose of being received.

Court. Q. One or two you may have received? - A. Yes.

Court. But the directions you gave with them were the contrary? - A. Yes.

Prisoner. I conceive I had as much right to receive a bill as Withers my fellow clerk; when I received these bills, the money was presented to me; one bill, a taylor, Collins, took the bill from me forcibly; I told him I had no orders to receive it; he told me, whether I had or not he would take it; and I was obliged to go about other business, and I thought I might receive others as well as that, It was not that I intended to convert it to my own use, but it was a temptation subsequent to that. I chearfully submit to my sate whatever it may be; or I shall be very willing to serve his Majesty abroad.

GUILTY . (Aged 22.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960914-26

483. EDWARD LUST, alias WILSON was indicted for feloniously stealing, on the 13th of September , in a certain bleaching croft, made use of by George Gould , James Stubbington Penny , and William West , for bleaching linen and cotton; fifty yards of cotton quilting, value 15l. and

twenty-six yards of cotton dimity, value 41. their property .

It appearing in evidence, that there was another partner in the business, the prisoner was ACQUITTED .

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

(The Prisoner was detained, the prosecutor entered into a recognizance to prosecute at the next sessions).

Reference Number: t17960914-27

484. GEORGE MORRIS, alias THORPE , was indicted for that he, in the King's highway, on the 7th of May , in and upon Mary Allen , spinster , did make an assault, putting her in fear, and taking from her person, two cloth coats, value 50s. a woollen waistcoat, value 4s. a marcella waistcoat, value 3s. a pair of kersymere breeches, value 5s. and two trunks, value 2s. the property of Sir Robert Salisbury , Bart. and a black silk cloak, value 5s. the property of the said Mary Allen .

There being no evidence to prove the christian name of Miss Allen, the prisoner was ACQUITTED .

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

Reference Number: t17960914-28

485. RICHARD BROWN and GEORGE BOWERS were indicted for feloniously stealing, on the 25th of June , two pair of cotton stockings, value 2s. two calico night-gowns, value 3s. a child's pin-cloth, value 10d. two diaper tablecloths, value 5s. a cotton petticoat, value 12d. and a muslin neckcloth, value 2s. the property of Jeremiah Jefferd .

(The witnesses were examined apart at the request of the prisoners).

JEREMIAH JEFFERD sworn.

I live at Kensington-green, I keep the Plough at Kensington : On the 25th of June, my servant girl was sent out for milk, coming across the Green, she saw Bowers.

Q. Do you know any thing, of your own knowledge, about these things? - A. My servant saw him with them under his arm, she ran into the yard, and saw the linen gown; she came in, and asked, if we had taken the linen in, I said, no; she then said, they were all gone, a man had thrown them over the wall to another man, who had gone away with them, I pursued the men.

CHARLOTTE SOUTER sworn.

I am servant to Mr. Jefferd, he keeps the Plough at Kensington-green; I went into the Green for some milk, on Saturday the 25th of June, between one and two, I saw one man, who had a blue jacket on, over the garden, give to the other man, a tablecloth and stockings.

Q. Your linen was hanging up? - A. Yes.

Q. Where was the other man? - A. Waiting the outside of the garden over the hedge; I went in, and informed my master of it, and some man in the tap-room pursued them.

Q. Are you sure these are the two men? - A. Yes; the soldier had a blue jacket on, the other was dressed as he is now; the soldier was dressed in sailors things, a blue jacket and white trowsers.

Jefferd. I was informed two men had taken off the linen; I followed them immediately, she told me they were gone towards Mr. Withers's farmhouse; William Betts was with me, and the girl followed us; one had the linen under his arm, the other three pair of stockings; Brown had the linen, Bowers dropped the three pair of stockings; after I came up with them, they parted when they came to Withers's farm-house, Brown went over into Ward's field, Bowers into Withers's; I followed Bowers, and the other witness followed Brown, and secured him (The stockings were produced in Court, and deposed to by the prosecutor).

WILLIAM BETTS sworn.

I went, in company with Jefferd, in pursuit of two men; we went about 100 yards up the lane before we saw the men, we got sight of them; they were walking then; as soon as they saw us, one said, they are coming, and the soldier, who was dressed in a sailor's jacket, took out three pair of stockings, and threw them down, one took to Withers's, the other down the lane; I pursued him down the lane, just as he came to the gap of the hedge, and he threw the linen down; I never lost sight of him, and two farmers pursued him over the field; I picked up the things, and told the girl to pick up the stockings, they were secured and brought back, (The linen was produced and deposed to); there is no particular mark on them, but on the child's pin-cloth there is marked M J. (they were deposed to by the servant also.)

Brown's defence. I was in the country to get a little hay-making, we passed the prosecutor's house, and when we had got a little way past, these men pursued us, and said, we had got some property; I said, we had none; they took us back and brought this property out of the house, and said, we had robbed them of it.

Bowers's defence. We were going by the house to get some hay making, they came after us, and took us, and said, we had some property; they brought us back to the house, and brought the property out of the parlour, and said we stole it; I never saw it till they brought it out of the parlour.

For the Prisoner.

WILLIAM HOWE sworn.

I know both the prisoners, they are both soldier s belonging to the regiment I belong to; Bowers has been in the regiment two years and an half, he is a very good soldier, I never heard any thing against

him; Brown is a very good soldier, they were with us on the Continent.

Brown, GUILTY . (Aged 34.)

Bowers, GUILTY. (Aged 22.)

Confined six months in the House of Correction , and fined 1s.

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

Reference Number: t17960914-29

486. JOHN DAVIS was indicted for feloniously stealing, on the 1st of September , a woollen cloth great-coat, value 1l. the property of John Peter Rasch .

JOHN PETER RASCH sworn.

I live at No. 17, Token-house-yard ; the greatcoat was stolen out of my chaise; I know nothing of it, my servant is here.

RICHARD DIXON sworn.

I am groom to Mr. Rasch; I was waiting for my master coming in with a whiskey, on the 1st of this month, about half past nine at night; seeing my master go down the yard with a whiskey, I followed him with a candle and lanthorn, White-horse-yard, Coleman-street, where our stables are; in going down the yard, I perceived two men coming up, carrying something, I did not know what; I followed them, and perceived a great-coat, which I thought was my master's; I asked them what they had, they made no answer; they had both hold of it, and one let go and ran away, the other went to run away and fell over it; I secured him and the great-coat, and delivered him to the constable.

Cross-examined by Mr. Knowlys. Q. Was it dark at the time? - A. It was dark.

Q. You saw two men, and will you swear this man had hold of the coat at that distance? - A. Yes; I was close to him, (the great-coat was produced).

Dixon. That is the great-coat.

Prosecutor. This is my great-coat, it was in the whiskey; I had doubled the great-coat up, and put it on the seat of the whiskey, a coachman asked me to have a coach, I said, what, to carry the whiskey in; I was not in the whiskey, the shaft was broke; I saw men following me, but don't know that they were the prisoners; going in at the gate-way, my man called, and said, I had lost my property.

Jury. (To Dixon.) Q. Is the yard a thoroughfare? - A. It is not.

(The prisoner called John Townsend and John Miller , two officers of Bow-street, John Powell and James Elden , who gave him a good character.)

GUILTY.( Recommended by the Jury to mercy .)

Judgment respited to go as a soldier .

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17960914-30

487. ESTHER WILSON was indicted for feloniously stealing, on the 20th of July , a quart pewter pot, value 1s. 9d. and two pint pewter pots, value 2s. the property of Thomas Drake .

THOMAS DRAKE sworn.

I keep the Ship, in Tower-street : On the 20th of July, in consequence of some information, I went to the watch-house, and saw the prisoner there with my pots.

THOMAS MILLS sworn.

I am porter at Mr. Walkers, in Mark-lane, and I went to Drake's; I was down at the watch-house, and Drake's boy came down; I went along with him, and he told me the prisoner had got two of their pots, and I stroked her down the side, and felt a pint pot upon her; I insisted upon her pulling it out, and she said there was nothing there, and then she pulled it out, I stroked her down the other side, and there I felt another pint pot, (produces two pint pots and a quart pot.)

Q. (To Drake). Do you know any thing about the finding of that quart pot? - A. No.

Q. Had the woman been in your house that day? - A. I did not see her, she often came, (they were deposed to by the prosecutor).

Prisoner's defence. I know nothing at all about them; I went to the house, but how they came in my pocket, I don't know any thing about it, I was very much in liquor.

Q. (To Mills). Was she in liquor? - A. Yes.

Q. Did she seem to know what she was about? - A. I don't know, she knocked me about pretty well, when I charged her with it.

GUILTY . (Aged 72.)

Confined six months in the House of Correction , and fined 1s.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960914-31

488. WILLIAM KRUMPSHALL was indicted for feloniously stealing, on the 24th of July, 1795 , eighteen moulding planes, value 18s. the property of Joseph Parmenter .

ESTHER PARMENTER sworn.

I go out a charing, my husband is a day labouring man ; last July was twelve month the prisoner was at work at my husband; I had a chest of tools belonging to my husband in the room where he was at work; I wanted to sell them, and his master bid me money for them, and I would not take it; and the man asked me to let him have three or four to show a person; he could fell the whole set for me, there were eighteen; and I let him have two hollows and two rounds; I asked him for them a great many times, but he never brought them back; he told me he could not find the man; when I came to look in the chest some time after,

there were eighteen missing besides these four, and my planes were afterwards found at his house; a man brought them to me and shewed them to me at Mr. Amiss's.

Q. When was that? - A. A day or two before the prisoner was taken.

Q. Should you know them if you were to see them again? - A. Yes; the drawing-square laid upon the mantle-piece where the man was at work.

Q. Did you see that at Mr. Amifs's? - A. Yes.

Cross-examined by Mr. Knapp. Q. Were you married before this last husband of your's, Mr. Joseph Parmenter? - A. Yes; and got a great family of children.

Q. What was your first husband's name? - A. Joshua Thropp .

Q. How long has he been dead? - A. Ten years and more.

Q. How long ago was it when you gave these four planes; was that after your first husband's death? - A. Yes; when the man was at work at our house.

Q. Before you were married last? - A. No; I have been married three years.

Q. You gave him these four to sell for you? - A. To show them to a man to sell them; that was last July twelvemonth.

Q. Did your husband know that you gave him these planes for that purpose? - A. I don't know that I told him.

Q. You did not lend him any more? - A. No; that I am very sure of.

Q. Had you never opened the chest from the time he left your house till you went to his house? A. - No; I did not open the chest from year's end to year's end.

Q. Was it locked up? - A. I cannot say; I believe it was not.

Q. Then how do you know that some other person might not have had these planes, and the prisoner afterwards came into the possession of these planes by honest means? - A. I am very sure nobody could go into the room without my knowing it.

Q. In what part of the house was this chest? - A. Up stairs where I sleep.

Q. You have no servants? - A. No; only my own family.

Q. You had visitors now and then? - A. No; I could not afford to have visitors.

Q. Did your husband know of this chest of tools being there? - A. No.

Q. How do you know he did not take them out himself? - A. No; he did not know the use of them.

Q. He is not here? - A. No.

Q. This room being open to his access, will you swear he did not take the tools out? - A. I will swear it.

Q. Will you venture to swear that he who had access to the room did not take them out? - A. Yes; I can swear it very safely.

Q. When you came to his lodgings did not he very readily give them up to you? - A. No; I was not there.

Q. What was your first husband? - A. A carpenter.

Q. You know all the tools belonging to a carpenter? - A. No; if I am a carpenter's wife, I am not a carpenter.

Q. Do you mean to swear to all the tools your husband had as a carpenter? - A. I really believe I can very safely; because he always put his name upon every tool he had.

COOPER AMISS sworn.

I had a suspicion of my man, the prisoner at the bar, robbing me; with that I found out his dwelling where he lived; I went there with a pretence to borrow a turning-saw to cut a key-hole; she directed me to the place, and I could see no turning-saw, but I saw the tools there in a little lobby at the top of the house in a box, among which were eighteen moulding planes belonging to Mrs. Parmenter; with that I came home again; the prisoner was at work at my shop; I did not take any notice to him, but sent to Mr. Edward Pugh , a smith that does work for me, and asked him to go with me, which he did; and then I challenged the prisoner with it; and he said he would fetch them back himself, and hoped I would take no notice about them; I told him to fetch a closet front that belonged to a gentleman that I had, and then Mr. Pugh and I went to his house and brought these eighteen planes back and a drawing square, and several articles that I had belonging to a gentleman; the officer has had them ever since; his name is Nowland.

Cross-examined by Mr. Knapp. Q. When was it you went to this house of the prisoner? - A. The 29th of June last; he went to work for me at Mrs. Parmenter's the 21st of July, 1795.

Q. Did you know her first husband? - A. No.

Q. When you challenged the prisoner at the bar with it, he said he would go and fetch them directly? - A. Yes.

Q. You did not choose he should go alone, and therefore you and Pugh went with him? - A. Yes.

Q. And when you went with him, did he shew them to you? - A. Yes; he went up to the place himself and handed them out, and put them into the sack.

Q. After this when was he taken into custody? - A. The day but one after.

Q. Where was he taken? - A. About three hundred yards from his own house.

Q. Therefore, though you had challenged him when you were with Pugh, he did not attempt to go off; but was taken within three hundred yards of his own house? - A. Yes; I told him to fetch the rest of the things back, but he did not.

JOHN NOWLAND sworn.

I am an officer belonging to Lambeth-street; eighteen planes, and a drawing-square, were delivered to me at the office by Mr. Amis, on Friday the 1st of July. (Produce them).

Amis. These are the tools I delivered to the officer.

Mr. Knapp. Q. These are the planes that were claimed by Mrs. Parmenter? - A. Yes.

Q. Perhaps, at the time you delivered them to the constable, you marked them? - A. They have the stamp of Mrs. Parmenter's first husband upon them.

Court. Q. What is the mark? - A. Thropp, her first husband's name.

Mrs. Parmenter. I know these were my husband's planes, as my husband stamped them all with his name.

Mr. Knapp. Q. You were always present when your husband disposed of his planes? - A. I can swear that he never parted with any.

Q. Had all your planes that mark upon them? - A. Yes.

Q. And he never parted with any that had his mark upon them? - A. I can swear he never did, because he had a son that he was bringing up to the trade.

Q. You did not count how many tools he had? - A. No.

Q. Do you mean to swear he never parted with any tools with that name upon it? - A. I am sure he never did.

Prisoner's defence. My master and I had all these planes to work with three quarters of a year in his shop.

Jury. (To Amis.) Q. He says they were worked with in your shop? - A. No; they never were in my shop.

Q. Is it not usual for carpenters to have tools of their own independent of their master? - A. Yes.

Q. Do you mean to say he had none of these tools at work in your shop? - A. No.

Court. Q. Will you swear you have not used tools with this name upon them? - A. I will not: I was at work three weeks at the house before I employed the prisoner; I borrowed two or three ogees of her because I would not go home to fetch them, and I returned them to her again; the prisoner was not at work for me then, he came to work for me in July 1795, and I discharged him in June 1796.(The prisoner called three witnesses who gave him a good character.)

Jury. (To the Prosecutrix.) Q. Had you seen them in the box after the death of your husband? - A. Yes; at the time that Mr. Amis worked at my house, when he wanted to buy them.

GUILTY . (Aged 40.)

Confined two years in the House of Correction , and fined 1s.

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960914-32

489. HENRY LEVY was indicted for feloniously stealing, on the 14th of July , two linen sheets, value 14s. a cotton counterpane, value 168. and a pillow-case, value 6d. the property of Lazarus Phillips , in a lodging-room .

ANN PHILLIPS sworn.

On Wednesday, the 13th of July, the prisoner took a furnished lodging at my house, he was to pay fourteen shillings a week; he told me he was a banker's clerk , that his name was Thompson, that he lived at Messrs. Drummond's, Charing-cross, he was to come the next day; he came to the lodging about ten o'clock, I carried the water and bason up stairs, and lighted him up myself; he asked if he could go out early in the morning without disturbing the family? I told him he could, his door would not be locked; and as it was so late I did not like to go out for his character, and he asking to go out soon in the morning, I suspected him, and I locked the door, and put the key in my pocket, and desired the servant to get up early; my husband went out at five, I got up at six, and found the door locked; the prisoner came down stairs, and asked what it was o'clock? I made answer it was about six; he was going out but the door was fast, and I went up stairs to see that every thing was safe, and when I got up to the second floor, I saw my curtains cut down in a heap upon the bed, I missed two sheets, a counterpane, and pillow-case; he turned up stairs, and I asked him where my things were? and he said, if I would let him go I should have all my things back; the counterpane was in his handkerchief, and the sheets round his body, under his waistcoat, and under his small cloaths, and he threw the sheets on the bed; the pillow-case was in his small cloaths; I know them to be mine, (produces them); the sheets, when they were first washed, were marked with a pen and ink, and the counterpane has a stain of oil that I can swear to it by; there is no mark upon the pillow-case, but I know it is mine because it is run

and not felled. I sent for a constable, and he was sent to the watch-house.

Cross-examined by Mr. Knowlys. Q. Do you know how long he had taken these lodgings for? - A. He supposed he should want them for some time, he did not mention any time.

Q. He gave you some money in earnest? - A. Yes.

Q. You are a widow woman? - A. No; my husband's name is Lazarus Phillips.

- WILLIAMS sworn.

I am servant to Mrs. Phillips; I saw the prisoner come in to his lodging and go up stairs; in the morning he was coming down, I met him in the passage, and he asked me what time it was? and I said about six; he had a parcel under his right arm, I saw him put his left hand upon the lock of the door to try to open the door, and it was fast; he then said, he forgot something in his room last night, and then he returned up stairs, and left the bundle in the passage, which was the counterpane, and I carried it up stairs; he asked us to go out of the room, and then he would unbutton himself, and leave the things, and then we could not punish him; I saw him unbutton his waistcoat and take the sheets off his body, and likewise his small cloaths, and take out the pillow-case.

Cross-examined by Mr. Knowlys. Q. His own bundle, that he brought over night, he left behind him? - A. I suppose so, I don't know.

RICHARD GREEN sworn.

I am an officer, I apprehended the prisoner; he asked me, as I was taking him down to the watch-house, whether he had best deny it or own to it; I asked him how he could deny it when the things were found upon him; he said that was very true.

Cross-examined by Mr. Knowlys. Q. I suppose your opinion upon the subject was, that he was more fool than knave? - A. Yes.

Prisoner's defence. The prosecutrix has said, that I told her my name was Thompson; I said no such thing; I asked her, did she not know a person of the name of Thompson, that lodged at her house one time; she said the believed she did.(The prisoner called three witnesses who gave him a good character).

Prisoner. I did not intend to wrong this woman; I was very much in liquor, and I had some business to do, which when it was done, I had a certain sum of money to receive; I did not intend to wrong this woman, my intention was to replace them.

GUILTY . (Aged 39).

Transported for seven years .

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960914-33

490. MARY WILLIAMS and MARTHA BOND were indicted, the first for feloniously stealing, on the 19th of August , a silk cloak, value 2s. four linen shirts, value 18s. three muslin aprons, value 3s. two muslin cravats, value 12s. a muslin handkerchief, value 6d. three muslin frocks, value 18d. three pair of stockings, value 18d. a calico gown, value 6d. a black stuff petticoat, value 12d. a cloth great coat, value 12d. a pair of flat irons, value 1s. a flannel petticoat, value 6d. a pair of Spanish leather shoes, value 6d. a linen pillowcase, value 6d. two pair of silver buckles, value 20s. a pair of stays, value 4s. three child's cotton skirts, value 3s. and two linen shifts, value 8s. the property of Cornelius Slater ; and the other, for feloniously receiving part of the said goods, knowing them to have been stolen .

CORNELIUS SLATER sworn.

I live in Broad-street, St. Giles's , I follow the market , Mary Williams lived with me as a servant : On the 11th of this month, I had occasion to shift myself, and I called to her for a shirt, and she brought me one, which I objected to wear because it was too blue; I asked her for another, and she said they were rough dry in the basket; she said she had been very busy, I saw her tremble, and I asked her what was the matter; and my wife desired her to bring the shirts forward; the prisoner, Williams, went to the basket, and could not find any; then I insisted upon knowing what was become of them, and she said she had pawned them, and tendered me eleven duplicates, and I immediately called the watch, and had her lodged there; afterwards, I went to the watch-house with some dinner for her, myself; I asked her where the rest of the duplicates were; and then she tendered me five more, which made sixteen; upon forting over the tickets I did not find the silver buckles, and some other things; I asked her what was become of the duplicates of them; and she said, they were in the possession of the other prisoner; I found an apron in the possession of Bond, but how she came by it I don't know, Williams had lived with me ten or eleven weeks, as nigh as I can guess.

MARY SLATER sworn.

My husband wanted a shirt, and she gave him one which my husband objected to; and she said there were no more but what were rough dry; I saw her tremble, I went to the basket and missed them; I asked her what she had done with them; and she told me, directly, she had pawned them, and then produced the duplicates.

Q. What do you charge the other prisoner with? - A. Nothing but the apron that was found upon her.

Cross-examined. Q. You have pawned things yourself? - A. Yes; I have, for my own necessities.

Q. You never at any time made any application to any person to pawn any thing for you? - A. Not

to these people; I have got neighbours that I might have asked, if occasion required.( Ann Lee and William Lane , pawnbrokers, produced a number of things which they received of the two prisoners). - MUMFORD sworn.

Last Sunday was a week I apprehended Bond, and this apron was in the room where she was; she said, she had it to wash from Williams; and on Monday I went with the prosecutor round to the pawnbrokers.

Q. Was the apron wet or dry? - A. It was damp.(The things were deposed to by the prosecutrix.)

Williams's defence. I had these things to pawn for my mistress.

Bond's defence. I pawned these things for this woman for her mistress; I have pawned things before for her mistress.

Williams, GUILTY . (Aged 50.)

Transported for seven years .

Bond, NOT GUILTY , Tried by the second Middlesex Jury before Mr. COMMON SERJEANT.

Reference Number: t17960914-34

491. THOMAS WATTS was indicted for feloniously stealing, on the 23d of August , a pair of copper scales, value 2s. and an iron pound weight, value 6d. the property of William Willis .

WILLIAM WILLIS sworn.

I am a grocer , No. 408, Oxford-road : On the 23d of August, between nine and ten, I heard the scales rattle; I came out into the shop and missed them, and the witness here had the prisoner in custody. HENRY COOK sworn.

I am in the life-guards: I saw the prisoner go into Mr. Willis's shop, and take out the scales; on coming out I went to lay hold of him, and he threw the scales from him; I told a man standing by to take them up; I brought the prisoner into Mr. Willis's shop, and the man brought the scales likewise.

Prisoner. I wish to serve his Majesty; I have been at sea all my life. GUILTY . (Aged 28.)

Judgment was respited to go for a soldier .

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

Reference Number: t17960914-35

492. JOHN PARROW was indicted for feloniously stealing, on the 15th of August , a silver watch, value 30s. a steel chain, value 1s. a base metal key, value 1d. a seal gilt with gold, value 2d. and a pair of velveteen breeches, value 4d. the property of William Baker .

WILLIAM BAKER sworn.

I am a cork-cutter : On Monday night the 15th of August, the prisoner and I went to bed together in one room, but in two separate beds; I took the watch out of my pocket and put it under the bolster, at the head of my bed; in the morning-about seven o'clock, when I awoke, my watch was gone, and the man was gone; I had missed my breeches about a week before; the prisoner was apprehended the same day by serjeant Hunter, with my watch upon him; I asked him about the breeches; he denied them till after the watch was found, and then he said he had lost the duplicate, and I never got them again.

SERJEANT HUNTER sworn.

I am a serjeant in the guard s: On Monday the prisoner missed guard; on the Tuesday I was informed that he was gone off with a watch; I found him in the afternoon in St. James's Park, and asked him if he knew any thing of the watch; he denied it at first, but afterwards he unbuttoned his waistcoat and gave it me out of his bosom; he has been in the regiment two years and seven months; he has a very indifferent character. (Produces the watch.)

Baker. I can swear to the watch by the number, and the maker's maker.

Prisoner. I have nothing to say.

GUILTY . (Aged 19.)

Transported for seven years .

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

Reference Number: t17960914-36

493. MARY JONES was indicted for feloniously stealing, on the 30th of June , a quart pewter pot, value 12d. and two pint pewter pots, value 1s. 6d. the property of Clement Rolfe .

CLEMENT ROLFE sworn.

I keep the Duke of Newcastle, Little Earl-street, Seven-dials ; I know nothing of the robbery.

HENRY CHILDS sworn.

I keep the King's Arms, Tower-street, Seven-dials: I was going up stairs, No. 4, Little Earl-street, when I met the prisoner coming down stairs with these pots; says I, who are you? says she, I am a public house girl; I asked her where she lived; she said, one Mr. Davis's, in Crown-court; I said there was no such name there; I looked again, and she hesitated and seemed frightened.

Q. Did she live there? - A. No; and I took her over to Mr. Rolfe's.(They were produced, and deposed to by the prosecutor.)

Q. (To Rolfe.) Did you serve No. 4? - A. Yes; I served both the one pair and the two pair, about thirty yards from my house.

Prisoner's defence. I never had them at all; the man that stopped me said, he had lost a great many pots, and I should pay for all.

GUILTY . (Aged 39).

Confined one year in Newgate , and fined 1s.

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

Reference Number: t17960914-37

494. ISAAC PEYTON was indicted for feloniously stealing four pieces of marble, value 30s. and two other pieces of marble, value 12s. the property of Thomas Charlton , May the 21st .

THOMAS CHARLTON sworn.

I am a mason , No. 1, George-street, Grosvenor-square : One Saturday morning in May, one of my men went to work, and found the shop broke open; he acquainted me with it; I went to the shop and found it broke open; a statuary slab was taken out of the shop, four feet long and two feet wide, and several other articles of marble; I know nothing of the prisoner taking it; I heard of another person being robbed, and went and found my property in Northumberland-street, on the premises of Mr. Polesham.

RICHARD POLESHAM sworn.

I am a carpenter: A piece of marble was taken by an officer from my kitchen occupied by the prisoner, No. 15, Northumberland-street, Mary-le-bonne; the prisoner came to lodge at my house the 7th of May; he brought to my house about a fortnight after some marble and stone, which is in Court; it was taken from my house about three weeks ago; I did not set the day down; it was on a Saturday after he was committed; the marble was produced in Court); the prisoner is a mason .

- CROKER sworn.

I found this marble on Saturday the 7th of September, on the premises of the last witness; some in the kitchen and some in the yard; I had the prisoner in custody before that time; when this gentleman (Mr. Charlton) came, and said there is some of my property at such and such a place, and I went and found it and he owned it.

Prisoner. I had two cart loads of marble which I brought into the house when I first came there as a tenant, and I never carried any there since I bought it, and can prove that I bought it.

THOMAS STRANGE sworn.

The biggest piece I cut from the block, and after I had cut this slab off I carried it and put it up in the shop.

Prisoner. What is the length of it? - A. I believe near two feet eleven inches.

Prisoner. He said before the Justice, that it was eight feet four.

Court. Q. Are you able to swear that that is the same you had in your shop? - A. Yes.

Court. Is there any other piece you know? - A. Yes; this long narrow piece; I know it by seeing it stand in the shop alongside of this polished just as it is, and I know it by its being cut crooked.

Prisoner. Before the Justice he said, he sawed it off the block four years ago.

Q. (To Charlton.) When was your shop broke open? - A. On a Saturday; I lost an amazing quantity of statuary; this is nothing at all to what I lost; this piece that is not cut strait I am very sure is mine, and the other I know to be mine; I know the others perfectly well; it is damaged stuff, cracked at the back; I put them together upon very bad lining, which is full of holes.

Prisoner. That piece that Mr. Charlton says he lined with his own hand, I did with my own hand; those other pieces were my father's.(The prisoner called Polesham, who gave him a very good character.)

GUILTY . (Aged 37.)

Transported for seven years .

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

Reference Number: t17960914-38

495. MARGARET RIX, otherwise REX , was indicted for feloniously stealing three yards and three quarters of printed calico, value 12s. the property of Joseph Craig , September the 5th .

JOHN EVYNS sworn.

I am shopman to Mr. Craig, linen-draper , No. 316, Holborn : On Monday the 5th of September, between eleven and twelve o'clock, Margaret Rix came in, and asked the price of some pocket handkerchiefs at the door; her apron being very thin I saw this print folded up in it; knowing that I had put the pattern at the door that morning myself, I got over the counter and missed the piece of print, and by that time she was gone; our private mark is upon it; I am sure it is my master's property.

THOMAS MAYHEW sworn.

I am one of the patroles belonging to Bow-street: I was going by at the time; I took the prisoner into custody; I took her to Bow-street, and found forty-eight duplicates upon her.

Prisoner's defence. I was going down Holborn; unfortunately I saw this lying at the door, and took it; distress drove me to it.

Q. (To Evans). How was it fastened? - A. Pinned over a rail.

Jury. Whether the wind might not loosen it from the place where you put it, and it might lie on the ground? - A. It might.

GUILTY . (Aged 39.)

Confined six months in the House of Correction , and fined 1s.

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

Reference Number: t17960914-39

496. ROBERT DARNELL, otherwise ARNOLD , was indicted for feloniously stealing a black silk cloak, value 5s. the property of William Austin , June the 1st .

(The witnesses were examined apart at the request of the prisoner.)

ELIZABETH AUSTIN sworn

I am the wife of William Austin , I live at No. 102, Tottenham-court-road : On the 1st of June, I went to dinner with the prisoner's landlady, the Three-Kings, Orange-street, Bloomsbury; I pulled my cloak off, and put it on a seat in the kitchen, and when I was going away, about ten at night, my cloak was gone; on the 27th of June, I found it at Mr. Flemings's, a pawn-proker, in Holborn; I never saw the prisoner again, till I saw him at the Justice's.

JOHN NOBLE sworn.

I was servant to Mr. Fleming, in June, I took in the cloak on the 9th of June, of a man, I believe, the prisoner, but I cannot swear to him.

Q. Did you see him before the Magistrate? - A. Yes; I could not say positively that he was the man then, I believed him to be the same.

Q. You had no doubt then, I believe, had you? - A. No, I had not; I am certain the prisoner is the man I saw before the Justice; I have no doubt now that he is the man who pawned it.

Prisoner's defence. Before the Justice, he could not swear that I was the man who pawned the cloak; I lodged in this house, the cloak hung up in the kitchen, but the affair I am quite innocent of.

GUILTY . (Aged 21.)

Judgment respited to go for a soldier .

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

Reference Number: t17960914-40

497. ELIZABETH LAWRENCE was indicted for feloniously stealing a pair of linen sheets, value 10s. a blanket, value 8s. and a bad-curtain, value 2s. the property of Eli Lippencott , the same being in a lodging-room, let by the said Eli, to the said Elizabeth , July the 14th .

ELI LIPPENCOTT sworn.

I live at No. 2, John-street, Edgeware road ; a young woman came to take a lodging, she said, it was for her aunt, who was coming out of the country; on Saturday the 2d of July, she came with the prisoner, and said, she was the woman; she took the lodging, for they sat down in my apartment some time, and then had a light and went to the lodging; in about three or four days or a week, three children came, my wife then desired her to get another lodging, as we did not like to be troubled with children, but they would not go; when they had been a fortnight, they paid one week's rent, and said, the children wore going away; my wife desired them to send down the sheets to wash, and she would send up clean ones; she sent down an excuse that she was not well, and could not send them down, but she would wash them herself the next week; a month after that, when she was out, and only the children were at home, I went up to see if the things were safe, and I missed the things mentioned in the indictment; the prisoner came in about ten o'clock on Saturday night, and I sent for a constable, and apprehended her; when she came in, she said, she was sorry to be out so late, she was afraid to be out late; I said, they that are worth nothing will take no harm, that was all I said to her.

Q. Were these things let to her? - A. Yes; the room was let ready furnished.

JOHN BLANCHARD sworn.

I am a constable; the prisoner was brought to the watch-house on Saturday night, the 30th of July, with a duplicate of the sheets that was found upon her; two others were found upon her eldest daughter, (the duplicates produced).(The things were produced in Court by the several pawn-brokers where they were pledged, and deposed to by the prosecutor).

Prisoner's defence. I never knew any thing of the panwing of these things; Joanna Coleman took the lodgings, she said, Lady Harcourt was to pay her, and I was to go with her, she took the things away, I knew nothing of them.

GUILTY . (Aged 47.)

Confined three months in Newgate , and fined 1s.

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

Reference Number: t17960914-41

498. JOHN CASE and THOMAS MONSELL were indicted for feloniously stealing one hundred weight of lead, value 17s. the property of the Rev . Richard Dixon Shackleford , D. D. the same being affixed to a certain building called St. Sepulchers' church , August the 5th .

Second Count. Laying it to be the property of John Akin , Richard Butterworth , Robert Towers , and Erasmus Jones , church-wardens of the said parish.

Third Count. Laying it to be the property of the parishioners of the said parish .

(It appearing in evidence that the prisoners were at work upon the church, as plumber s, and there being no lead taken away, the Jury found the prisoners

Both NOT GUILTY .

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17960914-42

499. WILLIAM LOWE was indicted for feloniously stealing seventeen yards of kersymere, value 8l. the property of James Smith , and Samuel King , privately in their shop , July the 23d .

RICHARD JONES sworn.

I live with my father, a Cordwainer, in St. Martin's-le-Grand: On the 23d of July, about a quarter past ten in the morning, I was going past Mr. Smith and King's house, there were two lads coming

past, William Lowe turned back, and went into the house quite bold, as if he was going on business, but when he got in, he began to creep and go softly, there was nobody in the shop, the shopman and partners were in a compting-house, backwards; he creeped till he got to this piece of cloth, he snatched it off the counter, threw it over his arm, and ran out as hard as he could; I was about a yard from the door. I laid hold of his collar, and holloaed out as loud as I could for about a minute before I could make them hear; he dropped the cloth, and Mr. Smith came out and picked it up.

Q. They seemed to be in company? - A. William Lowe turned back, and the other stood at the corner of the window.

JAMES SMITH sworn.

I am a woollen-draper , my partner's name is William King ; I heard the alarm, went out, and picked up the kersymere, about four yards from the door, (it is produced in Court); it is a length, it has never been cut or opened, here is the manufacturer's mark upon it; I have the invoice that corresponds with the number; there was nobody in the shop, my partner and I and shopman were in the counting-house.(The prisoner did not say any thing in his defence.)

GUILTY. (Aged 16.)

Of stealing the goods, but not privately, in the shop .

Transported for seven years .

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17960914-43

500. JAMES MANNING was indicted for feloniously stealing two reams of printed paper, value 20s. the property of Archibald Hamilton , August the 12th .

(The prosecutor was called, and not appearing, his recognizance was ordered to be estreated).

NOT GUILTY .

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17960914-44

501. THOMAS PRICE was indicted for feloniously stealing an hempen bag, value 6d. twenty-eight pounds of soap, value 20s. two pounds of tea, value 14s. six pounds of moist sugar, value 5s. the property of James Lewis Siordet , July the 19th .

There being no person to prove the christian name of the prosecutor, the Jury found the prisoner

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960914-45

502. JOHN SPENCER, otherwise FAIRBROTHER , was indicted for feloniously stealing a pair of men's leather shoes, value 3s. and two iron keys, value 1s. the property of Thomas Lewis ' August the 17th .

THOMAS LEWIS sworn.

I live at No. 6, Gloucester-street, Queen's-square , I keep a lodging-house : On Monday the 16th of August last, the prisoner came to my house in the forenoon, and said, he wanted to take lodgings, and he took the first and second floor; he said he was an old servant , and had lived in the family thirteen years; after he had taken the lodgings, he asked me to seek for a coach house and stables for the carriage; he staid with me two days, and then he went away, and I missed a pair of shoes and two keys; these things he had stole from me, the others I lent him; on Saturday the 19th, after he was taken and put in prison, I found my property at the lodgings he had gone to when he left my house.

Q. You did not lend him the shoes? - A. No.(The constable deposed, that in consequence of an information from the prosecutor he apprehended the prisoner, and found the property in his lodgings, they were produced in Court, and deposed to by the prosecutor.

Prisoner's defence. Mr. Lewis lent me these shoes to put on.

GUILTY . (Aged 68.)

Confined two years in the House of Correction , publickly whipped , and discharged.

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960914-46

503. ELIZABETH WALTON was indicted for feloniously stealing half-a-guinea , the property of Sarah Simes , August the 19th .

Second Count. Laying it to be the property of Thomas Dobson .

SARAH SIMES sworn.

On Friday the 19th of August, the prisoner came to our shop, Mr. Dobson's, a shoe-maker , No. 427, Oxford-street , between five and six in the evening, I was in the parlour adjoining; the shopman served her with a pair of shoes, she gave him a guinea to change, which he brought to me; the shoes came to five shillings, I gave him two half-crowns, a sixpence, and a half-guinea; she refused one of the half-crowns; the prisoner, and another person with her, came into the parlour, and I gave her two shillings and sixpence for the half-crown, she refused a shilling of the money, I changed it, and a sixpence, and I changed that; she then objected to the half-guinea, I changed it, I changed one shilling and sixpence after I changed the half-guinea; she then said, I had not given her the half-guinea, I took out the half-guinea that she had first given me, I said, this is the half-guinea you gave me, and I will be upon my oath I gave you another for it; I called to our man and shewed

it him, he said it was a very good half-guinea; says she, let me look at it, and snatched it out of his hand directly; I then said, give me the half-guinea; she said she would not, and we laid hold of her; she struggled a great deal to get it from us, she screamed out murder. I sent for a constable, the constable came, and he and I took her into another room, and searched her for the half-guinea that she said she never had; when we searched her, she spit the half-guinea out of her month into her hand; I looked in her hand, and there were two half-guineas, and the silver she had had in change.

WILLIAM SLOWARD sworn.

I am shopman to Mr. Dobson; the prisoner came to buy a pair of shoes, they came to five shillings; she gave me a guinea for change, I gave her half-a-guinea, and silver; she refused a half-crown, it was changed; she refused the half-guinea, then she refused some other silver, my mistress said, you are very troublesome; the prisoner then said, give me the half-guinea; my mistress said, she had given it her; she shewed me the half-guinea that she had changed for the prisoner; then the half-guinea was taken out of my hand by the prisoner; she said, you shall not have it, it is mine; I immediately tried to get the half-guinea from her, and finding I could not get it from her, I sent for a constable.

THOMAS SIEVEWRIGHT sworn.

I am a constable of St. Ann's: On Friday, the 19th of August, I was sent for to take charge of the prisoner; I challenged her with taking half-a-guinea, she denied knowing any thing about it; she said, she had not any other than the change that was given to her; I searched her pocket, and found half-a-guinea, half-a-crown, two shillings, and two sixpences; there was another woman, but they said it was only the prisoner; the prisoner was taken backwards, and she stripped herself to her shift; a gentlemen came in and asked if I had felt in her mouth; and I said, no; I put my finger in her mouth, and she began biting it, and I pulled it out again, and then she began to be very obstreperous, and spit the half-guinea out of her mouth into her hand, and then she was taken before a Magistrate.

Mrs. Simes. It was Mr. Dobson's money, I was left in charge of it.

Prisoner's defence. I went to my aunt's, and they gave me some liquor to drink, and not being used to drink liquor I was very much intoxicated, my aunt gave me a guinea, and I went into the first shop in Oxford-street that I came to, to buy a pair of shoes, I gave the guinea, and they never gave me any change at all, not I never asked for any.

Q. (To Simes.) Was she in liqur? - A. No; she was not.

Q. (To Sievewright.) Did she appear to be in liquor? - A. No.

GUILTY . (Aged 16.)

Confined one year in the House of Correction , and fined 1s.

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960914-47

504. EDWARD THOMAS was indicted for feloniously stealing a silver watch, value 21s. the property of Henry Wright , July the 4th .

RICHARD DOZELL sworn.

I am a pawnbroker , servant to Mr. Wright; On the 4th of July, the prisoner came in and asked to look at a watch, I shewed him four, he asked the price of them, we did not agree about the price; this watch lay on the counter with the other watches, he put his hand upon the counter over the watch, and walked to the door with it, he staid a few moments at the door, and he went about twenty yards from the door; when I came up to him he stopped, I believe he was looking for somebody; he then came back to the shop, and I asked him for the watch he had taken away; he said he had not taken any watch away; I told him I saw him take the watch; he still denied it, and I sent for a constable; I took him into a room adjoining the shop, and after some hesitation he produced the watch; he said he was very much in liquor, and did not know he had it about him; he did appear to be in liquor.

Q. Not so much in liquor but he could walk, and seemed to know what he was about? - A. Yes, he seemed to know what he was about. I understood from him that there was somebody waiting for him, that requested him to come in to look at the watch for him.(The Police officer who apprehended the prisoner deposed, that the prisoner said he did not mean to steal the watch, he meant to shew it to a friend to buy it, or else to exchange; that he searched him, but second no watch upon him, only a chain with a button at the end of it; that he was very much in liquor).

Prisoner's defence. A friend of mine asked me to go with him to buy a watch at Mr. Wright's; we met a young woman, and he stopped talking to her, and desired me to look at one, that I should know what he wanted as well as he did; the prosecutor he shewed me a second, and I took it to the door to call the young man in, and when I came back, I had the watch in my hand, and he charged the constable with me; I had the watch in my hand, and laid it down upon the table.

Q. (To Dozell.) Did he return with the watch in his hand? - A. No he did not.

(The prisoner called four serjeants, who gave him a good character).

GUILTY . (Aged 22.)

Confined six months in the House of Correction , and fined 1s.

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960914-48

505. GEORGE DRAYTON was indicted for feloniously stealing two live ducks, value 2s. and two hen fowls, value 2s. the property of Mary Clavering , September the 14th .

MARTHA FREEMAN sworn.

I am servant to Mrs. Clavering, at Hampstead : Last Wednesday, about half past eight o'clock, I locked two ducks and nine hens in the hen-house; I was fitting in the kitchen after that, and heard a great humbering in the yard, there was nobody in the house but myself, and I rang the bell to drive them away; I stopped two or three minutes in the kitchen and they did not go away, the noise continued, and I ran up stairs, and looked out at the window over the kitchen, and I heard the ducks make a noise; I went higher up, and gave an alarm to the people to come to help me; the gardener at the next door came into the yard, and we saw the hen-house broke open, the back part of it was broke down, and I missed two ducks, and two fowls.

HENRY CROKER sworn.

I am one of the conductors of the patrol from Bow-street, on the Hampstead-road: On the 14th of September, near ten o'clock, I met the prisoner near Chalk-farm, very near a mile from the prosecutrix's, Taylor and I were in the Lane, and we saw him coming a-cross the foot-path leading from the Lord Chancellor's, at Hampstead, towards Chalk-farm, we immediately seized him; seeing a bag upon his back, we asked him what he had got there; he equivocated very much, first he said, it was a present for his serjeant, and then, that they were given him by some man that he met just before in the fields; we immediately took him to the public-house, at Chalk-farm, we knocked them up, they were in bed; we took him into the coffee-room, we turned the bag up, and out came the live ducks, and two hen fowls with the heads off, I have had them ever since; I fastened his hands, and in consequence of his saying they were given him by some others we went into the fields to see if we could find any more of them; when we got to Hampstead, we enquired, and found that this lady had lost them. (They were produced in Court).

Freeman. We had had them four months, I have no doubt that they are our's; I saw the hens at Bow-street, and I am sure they were our's, I knew them by their colour.

ANDREW TAYLOR sworn.

I know no more than Croker has related.

Prisoner's defence. I had been with two of my countrymen at Highgate, and I had some drink, and they gave me this parcel to carry, and told me to go on, and they would overtake me at Chalk-farm; and I stopped at the stile for them when this gentleman came and took me, but they did not come.(The prisoner called one witness who gave him a good character.)

GUILTY . (Aged 22.)

Confined six months in the House of Correction , and fined 1s.

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960914-49

506. MARY CAWTHORNE was indicted for feloniously stealing a linen counterpane, value 2s. the property of William Stabler . A tea-chest, value 5s. a tea-cannister, value 10d. a mahogany tea-chest, value 3s. and a muslin handkerchief, value 12d. the property of James Dunn , August the 14th .

ELIZABETH DUNN sworn.

I am the wife of James Dunn : On Sunday morning, the 14th of August, the prisoner took a chest and a handkerchief out of my room, I lodge at Mr. Stabler's, a back room, on the first floor, in Orange-court . Between eleven and twelve in the morning, I left my room about twenty minutes, I shut the door but did not lock it; when I came back, I found the door open, and missed the counterpane from the bed belonging to the landlord, a chest, a tea-cannister, and a double muslin handkerchief; the constable brought me my property the same day in the evening.

WILLIAM PATRICK sworn.

I am a shoe-maker: On Sunday, the 14th of August, about one o'clock, I was sent for to the house of one John Hughes , in Marshall-street, to apprehend the prisoner for robbing Mary Ridgway ; I found her with these things in her apron; Marshall-street is about five hundred yards from Orange-court; I took her to St. James's watch-house, I asked her whose things they were; she tole me they were her own property; I left her there, and took the bundle and wrapped it up, I have had it ever since; I happened to go to Mr. Stabler's in the evening, about mending a pump, and there I heard that he had been robbed.

WILLIAM STABLER sworn.

I saw the prisoner go out of my house between eleven and twelve, on Sunday the 14th of August,

she was a stranger to me; I was in the passage, she had a bundle before her, I thought she had a child in her lap; the counterpane is my property.

JOHN HUGHES sworn.

I am a journeyman carpenter; the prisoner came to my house in Marshall-street, on Saturday night the 13th of August, and asked leave to leave a bundle there; the next morning we found it was stolen goods; I went for the person they belonged to, Mary Ridgway , and I sent for a constable, and she was apprehended by Mr. Patrick.

The tea-chest was deposed to by Mrs. Dunn.

Prisoner's defence. I know nothing at all about it.

GUILTY . (Aged 30.)

Transported for seven years .

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960914-50

507. MARGARET THOMPSON was indicted for feloniously stealing an earthen-ware bottle, value 2s. the property of William Good , September the 1st .

WILLIAM GOOD sworn.

I keep an earthen-ware-shop , No. 2, Charles-street, Hatton-garden : On Thursday the 1st of September, I heard a person had taken a bottle from my door; I immediately went out and saw the prisoner; I came up with her, and took the bottle from her; I know it by two yellow marks in the neck, and it has my private mark at the bottom; I have had it about eight weeks; I had only that one at the door.

Prisoner's defence. I know nothing at all about it.

GUILTY . (Aged 42.)

Confined six months in the House of Correction , and fined 1s.

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960914-51

508. ELIZABETH RICKETTS was indicted for feloniously stealing three blankets, value 10s. two linen sheets, value 8s. two pillows, value 6s two pillow-cases, value 2s. and a looking glass, value 1s. the property of Robert Drake , in a lodging-room let by contract to John, the husband of the prisoner , August the 27th .

There being nobody who could prove the christian name of the prisoner's husband, the Jury found the prisoner

NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960914-52

509. ELIZABETH RICKETTS was again indicted for feloniously stealing a cotton quilt, value 2s. a pair of blankets, value 4s. a pair of sheets, value 2s. one pillow, value 1s. a flat iron, value 6d. and an iron poker, value 6d. being in a lodging-room in the dwelling-house of John Wright , let by him to the prisoner , May the 17th .

The property not being charged to be the property of any body, the Jury found the prisoner

NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960914-53

510. JOSEPH PHETHEAN was indicted for feloniously stealing a tanned calf-skin, value 8s. the property of Benjamin Dowdswell , September the 5th .

The prisoner called a witness, who swore that he saw him find the leather in William-street, upon which the Jury found the prisoner

NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960914-54

511. MARY BAKER , MARY THOMAS , and ELIZABETH SETCH , were indicted, the two first for feloniously stealing a silver watch, value 20s. a silk string, value 1d. a metal seal, value 2d. a brass key, value 1d. a silver boatswain's call, value 4s. a satin waistcoat, value 2s. a linen handkerchief, value 3d. and a pair of plated buckles, value 2d. the property of Alexander Bleckey , August 26 ; and the other for receiving part of the said goods, knowing them to have been stolen .

ALEXANDER BLECKEY sworn.

I am a seafaring man, a boatswain : On Friday morning the 26th of August, about three o'clock, I fell in with Mary Thomas ; I went home with her in Rodney-row, in the parish of St. Paul's, Shadwell ; I went to bed with her; I awoke about four in the morning, and she was gone; I then got up to look for my property, and it was gone; a silver watch with an old metal seal to it, a silk string and a metal key, a boatswain's call with John Belmont Hodgson upon it in letters, a black satin waistcoat, a pocket handkerchief, and a pair of plated knee-buckles.

Q. No money? - A. No.

Q. What were you to have given her? - A. I gave her 3s. before I went to bed with her; I waked about four o'clock, and then I got up and went into another apartment on the same floor, where Mary Baker and another woman, who is not here, were in bed; I asked them if they knew what was become of the woman I went to bed with; they told me they did not; I told them I was determined not to leave their company or the place till I found my property; upon which I remained till almost eight o'clock; I then sent for an officer, John Cook , to look after the property; I sent one spicks to go for him, and I remained

in the house till he came; he came, and in searching of Mary Baker she dropped a handkerchief; upon which I said that was mine.

Q. You had no connection with her at all? - A. No; he asked me what mark there was upon it, and I told him it was stained with tobacco; Baker took Cook and I over to Mr. Turner's house, about a stone's throw distance, and in searching there the first thing he sound was the call; I did not see him find it; he shewed it me, and I told him it was mine; he then produced my watch and knee-buckles, and satin waistcoat.

Q. Did you see any more of Mary Thomas? - A. Not till after she was taken.

Q. When you went into this room to lay with Mary Thomas , did you see any other woman? - A. No; I did not see Baker till I got up and found her in the other room.

Cross-examined by Mr. Trebeck. Q. What ship do you belong to? - A. No ship; I am out of place entirely.

Q. Were you sober by eight o'clock in the morning? - A. I was not very much intoxicated; I was a little.

Q. What business had you at three o'clock in the morning picking up women? - A. That was the morning I had left my ship, the Bangalore; I had been on board the ship, and we had been making merry; and had two glasses of grog, and came on shore between two and three o'clock.

Q. How came you by the satin waistcoat? - A. I had a satin waistcoat and a pair of satin breeches on.

Q. When had you seen this call? - A. About ten minutes before I met with Mary Thomas .

Q. You had been paid? - A. Yes.

Q. Did your wages only amount to 3s.? - A. I had sent my wages home to my daughter-in-law.

Court. Q. Are you sure you did not give her this watch, because you had no more money? - A. No; I gave them nothing.

Q. You did not part with your call? - A. No.

Baker. He sat with us all day till between five and six o'clock, drinking.

JOHN COOK sworn.

I apprehended the prisoners on Friday the 26th of August last, about one o'clock in the day; the prosecutor and another came to me at the Shadwell-office, and told me he had been robbed of his property in Rodney-row, Shadwell; I went with him to the house, and in that house the prisoner Baker was; on searching her she dropped this handkerchief, which the prosecutor immediately claimed; she told me she received it of Mary Thomas ; I then went with the prosecutor to William Turner 's, in New Gravel-lane, a lodging-house; I went up two pair of stairs and found Mary Thomas ; on searching her, I found the knee-buckles I produce; on questioning her for the rest of the property, she told me she had left them with the prisoner Setch; I went down below, where the prisoner was, I told her, I must search the house for stolen property, (I did not at the time mention the articles,) she told me, I was very welcome, there was none there; I then asked her, where was the bundle she received from Mary Thomas, mentioning the watch, call, and waistcoat, she said, she had taken them to the prisoner, Thomas's mother, and if I would go with her, she would get them; I accordingly did, she asked the mother for the bundle, and I took her in custody before the Magistrate,(produces the property).

Prosecutor. This is my waistcoat, call, and watch.

Cook. Cross-examined by Mr. Trebeck. Q. Whoever stole these things. Thomas's mother received them? - A. She had them.

Q. You went to this house and found Setch; you know who that house belongs to? - A. Yes; William Turner.

Q. I believe the prisoner, Setch, lives with Turner, does not she? - A. Yes, I believe she does.

Q. Of course, has the care of whatever property Turner brings home? - A. She certainly has.

Q. Turner keeps a lodging-house for all sorts of people? - A. Yes.

Q. She lives with him as his wife? - A. Yes; she passes as such.

Q. The story Setch told you about giving them to Thomas's mother was true? - A. Yes.

Q. Who directed you to Turner? - A. Baker.

Thomas's defence. I had been at Blackwall to see a man I had cohabited with, coming home, I met this man, and we had two half pints of gin; I went to Mary Baker's, knowing she had a room to spare; we went both up stairs, he said, he had no money, and gave me the watch till morning, when he would make me a compliment; in the morning, I went to fetch half a pint of gin, and met with some friends, and one gave me a glass, and another a glass, till I was very much intoxicated, and forgot the man; I went to Setch, and asked her to take care of it till I was sober, till I could deliver it to the person I had it of, she did not know it was stole.

Thomas, GUILTY . (Aged 28.)

Transported for seven years .

Baker, NOT GUILTY .

Setch, NOT GUILTY.

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

Reference Number: t17960914-55

512. WILLIAM JONES, otherwise BARBER , was indicted for feloniously stealing a silk cloak, value 10s. the property of George Boyd .

(The prisoner, instead of pleading to the indictment, appeared to be insane, broke out into the most horrid imprecations, smashed the looking-glass over his head to pieces, with other acts of violence, upon which the Jury were sworn to try whether be stood mute, obstinately, or by the visitation of God).

Court. Gentlemen, you are now sworn to try the question, not of the guilt or innocence of this man, but a previous question, which is, whether he stands mute, that is, refuses to plead, by the visitation of God having deprived him of his health and faculties, or whether through obstinacy; because, if he stands charged with this offence, and refuses to plead through obstinacy, it becomes a duty upon the Court to record his plea of guilty; on the other hand, if upon the evidence, you think he stands mute, through the visitation of God, you will say so; therefore the witnesses now attend to explain to you, upon oath, the state of mind this man has been in, previous to his being brought to the bar, as to his conduct, here you will judge what effect it has upon your minds.

WILLIAM HUTCHINS sworn.

I am a baker, in Daniel-street, St. George's: On the 1st of December, I was sitting in doors, in my parlour, and my maid opened the door, and the prisoner came in and shook hands with me, he sat down by me, and put his hand upon my belly; Hutchins, says he, how do you do; and I think then, how does all do at Chatham, how is your mother, a lady that lived with me, and then he chucked down half-a-guinea to send for some wine; I thought he had been quarter-master, or something, on board some ship; he said he had a great deal of money in the stocks, and wished me to take care of it for him.

Jury. How did he appear with respect to his mind? - A. He appeared to be as well collected as I am, but appeared to be in that little groggy kind of way.

JOHN COOKE sworn.

I have known the prisoner five years, I never saw him any otherwise than a sharp keen man, the keenest man I ever knew in my life; he has been to sea in the course of that time, and whenever he comes home, he defrauds people under pretence of having been acquainted with them before, and seems very well till he is apprehended, and then he is a desperate fellow, the same as he is now, he always behaves as he does now.

Court. This is not the conduct of a madman, gentlemen, he rather over acts his part.

ANOTHER WITNESS sworn.

I knew him a twelve-month in the Poultry Compter, just in this state, and he was so troublesome, Mr. West, and some other persons, got his pardon, and when he got out, he was as well as any gentleman in Court.

JOHN DUNBAR sworn.

I have known him above six months since I have had him in custody, and he appeared as sensible as any person in Court.

WILLIAM RAMSDEN , a Surgeon, sworn.

There was always something very odd about the man, but I never perceived him so deranged as not to know what he was about; when he came into the ward first, he cut his leg, and the first thing I heard of him was, that he shammed madness; his leg has been well some time, and the wardsman has had the care of him ever since he appeared to sham it at the time; I have seen him perfectly aware of what he was about.

Court. (To Dunbar.) Q. You have known the prisoner between six and nine months? - A. Yes; perfectly sensible.

GEORGE BOYD sworn.

He robbed me of a cloak, and pushed me into a public-house.

Q. How did he appear when he took these things? - A. Perfectly well as a man could be.

JOHN OWEN sworn.

I have been with him three times, and he has never shewn any thing of this kind, but when he has been in custody and brought to trial; he has been passed to his parish by Mr. Kirby several times; I believe he is as great a rogue as any in this country.

Jury. Q. Is it your opinion it is a madness put on for the moment? - A. I really think it is to evade justice.

THE WARDSMAN sworn.

Q. You observed this man in your ward? - A. Yes.

Q. How has he conducted himself? - A. I am of the same opinion with Owen in every respect; I have known him now near three months, and the observations I have made are just word for word what this witness has told your Lordship.

Q. You believe this is put on to evade justice? - A. I believe it upon my oath.

Jury. We are of opinion that the prisoner will nor answer through obstinacy.

Court. The sentence of the Court upon you is, that you be transported beyond the seas for the term of seven years .

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

Reference Number: t17960914-56

513. WILLIAM ELLIS was indicted for feloniously stealing a pair of velveret breeches, value 4s. the property of Joseph Warwicker , July the 15th .

RICHARD DEERING sworn.

I am ostler to Mr. Clarke, a stable-keeper, in Moorfields : On the 15th of July, about half past six in the evening, the prisoner came through our riding-school into the stable, and asked me for work; I told him I had none for him to do; he turned back again into the yard, and in ten minutes he came back into my stable again, and he said he wanted to go out at my back-door into Finsbury-street; I told him he could not go that way; he returned into the riding-school and I followed him, and saw him pull a pair of breeches from under his jacket, and put them in a corner of the riding school, and then he tried to make his escape; I opened the door, and laid hold of him, and asked where he got them; he told me he got them in the first stable on the left hand going out of the school; and I heard they belonged to Warwicker, (producing them).

JOSEPH WARWICKER sworn.

I am a groom : These are my breeches, I had seen them in the compting-house about a fortnight before.

Q. Are you sure they are your breeches? - A. Yes.

JOHN NAYLOR sworn.

I charged the constable with him, that is all I know.

Prisoner's defence. I found the breeches.

GUILTY . (Aged 20.)

Confined six months in the House of Correction , and fined 1s.

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

Reference Number: t17960914-57

514. JAMES LOWE was indicted for feloniously stealing, on the 26th of June , four pair of silver shoe-buckles, value 42s. a broken silver buckle, value 2s. a broken marrow-spoon, value 6d. fourteen tea-spoons, value 14s. a tea-spoon handle, value 6d. four silver buttons, value 2s. a pair of silver clasps, value 1s. three plain gold rings, value 9s. a pair of gold ear-rings, value 2s a metal watch, value 20s. 53l. 6d. in money; 26l. in money; two Bank notes, each of the value of 20l. two other Bank notes, each of the value of 10l. and two Bank notes, each of the value of 5l. the property of James Lowe the elder.

The case was opened by Mr. Const.

JAMES LOWE sworn.

I am a pawnbroker , I live on Clerkenwell-green , the prisoner is my nephew, and was my apprentice ; I dismissed him from my service near a twelvemonth ago, after which he had no access to the house. On Saturday, the 26th of June, after my business was over, I had made it a rule for a number of years to tell my cash that has come in of a Saturday, before I go to bed; and between the hour of one and two o'clock in the morning of Sunday the 26th of June, I told my silver first, and put it into a canvas bag, twenty-six pounds in silver; the gold I told, which amounted to fifty-three pounds and sixpence, fifty guineas and a half, I put them into two paper bags, thirty in one, and twenty and a half in the other; prior to my going to bed I put this gold and silver into a wooden dish in the window-seat; in the same dish there was a linen bag with some farthings in it; judging it to be safe, my son making it always a rule to see every thing safe before he comes to bed, and then puts the key under my door; my son came into the room and removed it, and put it under the grate; in the morning about seven I waked and rose, I generally rise first in my family of a sabbath morning; I looked to see if the cash I had put there was there still; I found it was moved; I looked round my room in order to see if I could see it; after I had looked some time I perceived it drawn a little way from the grate; I found the door open; at that time I went to ask my son if he had meddled with this money, or knew any thing of it; and to my great surprise, as soon as I got to my room door I saw a small iron chest that I have about the size of a tea-chest, which I usually kept in my bureau in the bedroom; I had placed some Bank notes in it the night before; I took hold of the handle of this chest and found it was unlocked; there were six Bank notes in it, amounting to 70l. this confused me very much; I went to my son's door and found a bolt on the outside of the door shot, to prevent my son coming out of the room; I waked him, and we consulted what was best to do; we went to Bow-street in the morning.

Q. You knew nothing of it till Mr. Cooke took you to Mr. Paisley, a pawnbroker? - A. No; Mr. Paisley was at his dinner; it was on Friday the 15th of July, between twelve and one o'clock; the prisoner was then servant to him; we asked for his master; he said he was above stairs at dinner; we requested him to stop, and we would call his master; but he slipped out of the shop and ran up stairs himself; Mr. Cooke and I followed him up stairs, and the master met us on the stairs and said, what do you want here? He passed his master and went up stairs, and we followed him up stairs and stripped him, and we could find nothing about him, nor even in his cloaths at that time; we told him we had a suspicion that it was he that had committed the robbery, and insisted upon it that we should search him; we found nothing; we went down stairs, and were going away, supposing he was innocent; when Mr. Paisley said, I saw a Bank note in your nephew's hands last week, that gave us a further suspicion, and I examined him

how he came by that note; he said, he had had a sixteenth share of a 2000l. in the last lottery; I asked him what he got for this sixteenth share; he said, near 150l. I knew that a sixteenth share of a 2000l. could not bring that; his master told me that he had changed a 30l. note the week before at the Bank; just at this juncture of time my son came in, and we went altogether in a coach to the Bank to trace out whether any of those notes that he had taken were the notes I had lost, and they proved not to be; then we went in the same coach to Bow-street, and the office was shut; we came to our house in Clerkenwell, and Mr. Cooke and I took him into my dining-room, and after some conversation he beckoned to me to go to another apartment, and Mr. Cooke and I went with him, and there he made a confession.

Q. Did you make him any promise of any sort? - A. I did not.

Mr. Knapp. Q. Did Mr. Cooke make him any promise in your presence? - A. Not that I know of; I am rather thick of hearing, and could not hear all that passed.

Mr. Const. Q. Did you desire Mr. Cooke to make him any promise? - A. I did not.

Mr. Knapp. Q. Do you know whether it was in consequence of any thing that Mr. Cooke said, that he made that confession? - A. I cannot say.

- COOKE sworn.

Examined by Mr. Const. Q. You had some conversation with Mr. Lowe and the prisoner in an apartment at his house; did you make any promise to induce him to make any discovery? - A. I did not; I requested him for God's sake to inform me of it, and it would be better for him; I certainly did say that; in consequence of which he told us the story, part of which was true and part false; being upon the most intimate terms with young Mr. Lowe, I was desirous to discover the truth: On the 15th of July Mr. Lowe and myself attended at his master's, Mr. Paisley, in the Borough; when we went in young Lowe, the prisoner, was in the parlour; I called him to me, and asked him where his master was; he answered he was in the warehouse, and he would go for him; I said, no, you must not leave me; there was a counter between us; he immediately answered, I will bring him down directly, and ran away; I was some moments before I could open the counter to get on that side to follow him; however I did, and I ran up stairs after him; upon the stairs I met the master, he asked me where I was going; I desired him to ask no questions, but immediately to bring the prisoner down stairs; he said certainly, and went up and brought him down from the garret; he was then brought into the dining-room of the first floor, and I accused him of having committed the robbery on his uncle; he denied it most positively, and said we were at liberty to examine him and his boxes; I accordingly did so, but found nothing either on him or in his boxes; the master then asked what was the property that was lost; the prisoner was then present; I informed the master there were Bank notes, gold, silver, and various other articles; the master immediately answered, I saw him with a 30l. Bank note in his hand on Saturday last, and I think he had others, but I am not certain; but he afterwards said, that he was positive he had others; I asked him what he had done with the note, and where he had got it; he said that he had got it at the Bank for a Bank note, two five pound notes and cash, and that he had sent it to his father in Shropshire; and in our way there he said he had got it for one five pound note, and the rest cash; I asked him in whose name he had got it; he said, in the name of Turner; we went to the Bank, and found that story true, that he had obtained a 30l. for a five pound and the remainder cash, in the name of Turner; being convinced then that he had committed the robbery, we took him to Bow-street; the office was shut, and then we went to Mr. Lowe's house, and I asked him how he came by that money, and he said he had a sixteenth of a 2000l. prize.

Q. And then that conversation took place in which you told him it would be better for him to confess? - A. Yes; I went to his master's house, and he then gave me the things contained here,(producing a bundle); the 30l. note he afterwards said he did not send to his father, but it was in a stocking, and he gave it me out of the stocking; in consequence of what he said, we searched the cellar; all the notes have been found since.

Cross-examined by Mr. Knapp. Q. You stated that he ran away, he ran up stairs? - A. He appeared to be very much alarmed, and ran up stairs.

Q. Do you know whether he sleeps in the garret? - A. I was so informed.

Q. The story he told you last about the name of Turner at the Bank was undoubtedly a perfectly true story? - A. It was.

JAMES LOWE , junior, sworn.

I am son to Mr. James Lowe : On the morning of the 26th of June, about three o'clock, I went to bed; it is my usual practice to go into my father's room to leave the keys of the warehouse that lock the warehouse-door; I went over the warehouse, and found every thing safe; I carried the keys then into my father's room; I then looked for the key of his door to lock it; it was my custom to lock it, and put the key under the door; the key was not in the door; and in searching about the room for the key I saw some money in a little dish in the window in my father's room; after I had

searched the floor and the carpet for the key of my father's door, I thought as I could not find the key I would remove it under the stove in his room, and I came out at my father's door, and I shut it; as it was broad day-light, and the servants all gone to bed, I thought I would not wake them to enquire for the key; between seven and eight in the morning my father came to my door and knocked at it; I got out of bed, opened the door, and he asked if I had been in his room.

Q. In consequence of what was discovered, the servants were afterwards suspected? - A. Yes.

Q. Did you make any memorandum of the notes you had taken? - A. My father had been in the country and returned the Saturday before this, the 18th, and all the notes I had taken I had put my name upon, and gave them to him on Sunday the 19th; there was one 20l. two 10l. and two 5l. notes.

Cross-examined by Mr. Knapp. Q. You always put the same mark upon every Bank note? - A. It is but very lately that I have endorsed Bank notes.

Q. How many Bank notes have you endorsed lately? - A. I suppose forty.

Q. Were the endorsements upon any of them of the same kind with those you lost? - A. Some of them.

JAMES ARIS sworn.

I am son to the keeper of the House of Correction: The prisoner was in my father's custody, I think it was on the 15th of August last, I am not certain of the day; I took from the prisoner some Bank notes, (producing them); they were concealed in the lining of his coat on the right hand side; two 20l. two 10l. and two 5l.; I have had them ever since.

James Lowe , junior. Five of these notes are the same that I delivered to my father, all except one of the 20l.

Mr. Const. (To James Lowe , senior). Q. After you had returned from the country did your son give you any notes? - A. Yes; I put them into that chest; these are the same notes, I told them over on the Saturday morning previous to the robbery; I know the other 20l. note by the indorsement on it; I can swear to them all; this broken marrow spoon I can swear to, we have had it in use in our family I may say these eight years; these buckles were taken in the week before the robbery, and I was obliged to pay 2l. 5s. for them; I know them all.

Prisoner's defence. My Lord, I was taken up on the Friday from my master's in the Borough, and went to Bow-street; Mr. Cooke said I should not be hurt, "consider where we are going (says he,) if you get once to Bow-street there is no saving of you;" at Clerkenwell, in my uncle's dining-room, he said "nothing shall hurt you if you will own it;" I cried, and was very sorry for the girl under confinement innocently; I threw myself upon the bed; Mr. Cooke tapped me on the back and said,"Jem, own it, and you shall not be hurt;" the whole of the property was found at my master's, except one watch, and the notes upon my person.

GUILTY .

Transported for seven years .

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

Reference Number: t17960914-58

515. HANNAH ROGERS was indicted for feloniously stealing, on the 30th of July , three yards of muslin, value 7s. the property of George and John Thorpe , privately in their shop .

GEORGE THORPE sworn.

I live at No. 3, Broad-street : I was informed the prisoner had taken this muslin by a man whom I have not seen since; it was hanging outside the door; I followed the prisoner and took it from her; my partner 's name is John.

Prisoner's defence. It dropped down just as I came to the door, and I was just come out of a sit; I am subject to fits, and the man told me to take it.

NOT GUILTY .

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

Reference Number: t17960914-59

516. WILLIAM JONES was indicted for feloniously stealing, on the 5th of September , a cast iron Pantheon stove, value 10s. the property of John Arthur .

JOHN ARTHUR sworn.

I am a broker in Great Queen street, Lincoln's-inn-fields : On the 5th of the present month, about half past six o'clock in the afternoon, I was standing in conversation with a gentleman; I was interrupted by a person asking me if that was my porter who took the stove away; I told him it was not, and I ran after him expecting to see a person with a stove upon his shoulder, and he had thrown it away; I did not see him take it, but I heard the sound of it thrown down, and I immediately turned my head and saw the prisoner running; there was no other person near; I pursued him and took him.

JOHN KEBBLE sworn.

I was going down Great Queen-street, and saw the prisoner take this stove and carry it with him from the door; it struck me that it was not Mr. Arthur's porter, and I asked him, and directed him to the man.

Arthur. It is my stove, it has my private mark upon it.

Prisoner's defence. I know nothing of the stove; a man came up to me under the gateway, and

took hold of me and took me to the Magistrate, and never brought the stove at all.

GUILTY , (Aged 55.)

Confined three months in Newgate , and fined 1s.

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

Reference Number: t17960914-60

517. ANN BAILEY was indicted for feloniously stealing, on the 13th of August , two pewter pint pots, value 1s. 6d. the property of Samuel Malpas .

SAMUEL MALPAS sworn.

I am a publican , I keep the sign of the Ship in Ogle-street, Mary-le-bonne ; I know nothing of the robbery myself.

- GEERING sworn.

I saw the prisoner come out of Mr. Malpas's; I was in the passage, and she said she had been to make water, and one of the lodgers came and told me she had taken two pots; I went after her, and found them in her apron.

Prosecutor. These are my pots; they have my name upon them.

Prisoner's defence. I have nothing at all to say.

GUILTY . (Aged 42.)

Confined one week in Newgate , and fined 1s.

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

Reference Number: t17960914-61

518. MARY CLARKE was indicted for feloniously stealing a muslin frock, value 3s. two dimity petticoats, value 2s. one linen shift, value 6d. two pair of leather shoes, value 8d. a cotton frock, value 9d. a linen pincloth, value 4d. and a flannel petticoat, value 6d. the property of John Valentine Brooks .

JOHN VALENTINE BROOKS sworn.

I work at the army cloathing; On Wednesday the 14th of this month, as I was returning from work about seven o'clock, I heard there were two infants lost, and in a few minutes I heard the bellman ringing his bell; and to my great surprise, according to the description he gave, the children belonged to me; I went home, and found my wife in great distress; I saw nothing of the prisoner till after she was in custody of the officer.

ANN BROOKS sworn.

I am the wife of the prosecutor; On Wednesday the 14th of September, about two o'clock in the afternoon, I missed my two children from the bottom of Hand-court, Holborn ; they were both at play; they were brought home to me at past nine o'clock at night.

ANN DEAN sworn.

I saw the prisoner at the bar about half past seven o'clock, with the two children in Ray-street, Clerkenwell; she was very much in liquor; she was very little able to take care of them; I was afraid she would hurt them; I offered to carry one of them home; she said she had no home; that her husband was dead, and she was obliged to get her bread how she could; she told me they were her children, and she stooped down and pretended to give the youngest suck; I blamed her for offering to suckle it, because she had told me she had weaned it a fortnight; I was with her two hours; she told me she lived in Holborn, at No. 5, Titchborne-court; and when it got late she would not go any where with me; I learned where the children belonged; a boy took one of them home, and came back for the other.

Q. Are you sure this was the woman that had the two children? - A. Yes.

Q. Are you sure she claimed them as her own? - A. Yes.

Q. She had not stripped them then? - A. No; there was only a pincloth gone.

HENRY FORD sworn.

I am an officer belonging to Hatton-garden office; About nine o'clock I and Brown had been to Oxford-street; there was a great mob; they said they had got a woman for stealing of children; we searched her, and found nothing upon her belonging to the children; that is all I know of it.

Jury. Q. Did you ever see the prisoner before? - A. No.( George Longden was called but did not appear.)

ISALAS CONNOR sworn.

I keep the Hat and Tun in Hatton-wall; The prisoner came to my house about four in the afternoon on Wednesday the 14th, with two children; she said she came out of Herefordshire, and brought the two children with her; I asked her what was become of the father of them; she told me he was killed on board a man of war; she said she had been left with five children, two of whom were now in the Blue-coat-school; she had a pennyworth of beer and a glass; she was perfectly sober at that time; she was brought in, in the evening, by an officer, and I recollected her face again; she sopped bread in the beer and gave it to the youngest child and drank the glass herself.

Prisoner's defence. I know nothing at all of it; I did not come into London till half after five o'clock from Harwich.

Court. (To Mrs. Brooks.) Q. What are the ages of your children? - A. One sixteen months, and the other two years old.

Court. Q. Were the cloaths your's? - A. Yes, all of them.

Prisoner. I have four small children of my own, and I am lame in one arm, and could not carry a child.

GEORGE LONGDEN sworn.

I belong to the Public-office, Hatton-garden; last Wednesday week, between two and three o'clock in the afternoon, the prisoner came into our office and asked to see the Magistrates; I told her there was none there, she complained that she had come fourscore miles with those two children, and had not had a morsel of victuals to eat for two days; she said her husband was a surgeon on board a man of war, and that he was dead; that she had brought her two children to see some of her husband's relations in town; she said she came from Worcester, or somewhere thereabouts; seeing her in such a state, I relieved her with sixpence; I went down into the kitchen, and got her some meat, some bread, and some small beer; she sat down in our constable's room, and eat part of the meat and bread, and also fed the children; she staid in the office and office-yard, as near as I can recollect, about two hours and a half; I was called into the Magistrate's office, and while I was gone, she went away with the children; there was scarce two spoonsfull of the small beer drank, and I went to the public-house, and there she was with a pint of porter before her.

GUILTY . (Aged 25.)

The Court immediately pronounced sentence of transportation for seven years .

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

Reference Number: t17960914-62

519. WILLIAM FREGGLETON was indicted for feloniously stealing, on the 9th of September , 40lbs weight of soap, value 20s. the property of William Whitwell .

WILLIAM WHITWELL sworn.

I am a hard soap manufacturer , at Bethnal-green ; sometime prior to the 1st of September, I missed a quantity of soap; in consequence of an information, I applied to the office in Whitechapel, and had the prisoner taken up; he was my carman ; I accompanied the officer to the prisoner's lodgings; upon searching these lodgings, we found a box containing a quantity of soap, close to the bedstead, which soap I have no doubt of being my property; a short time after I met with the prisoner in conversation with my clerk and the officer, and I joined them; I told him he had been robbing me; he begged I would forgive him, and he cried, and said he would tell me what he had done; the officer said it is out of the gentleman's power to forgive you; it is in other hands; and I said it was out of my power; he said he had taken the soap that we had found the preceeding night; the prisoner signed a voluntary confession before the justice to the same purport.

Cross-examined by Mr. Ally. Q. This man was a carman? - A. Yes.

Q. You keep many servants? - A. Rather so.

Q. It is the province of other of your servants to go to the room where you keep soap? - A. Certainly.

Q. Is it not the province of the carman? - A. Not exclusively.

Q. Therefore setting this confession aside, will you undertake to say the prisoner has taken this soap? - A. I saw the soap at his lodgings.

Q. You sell soap in great quantities? - A. Yes.

Q. This man's wife, I believe, is a laundress, a washerwoman? - A. I have heard that she is, and I have heard that she is not.

Q. What did he say to you, previous to this confession you talk of? - A. He was in great trepidation, and I felt myself very unpleasant sensations.

Q. You did not deny him this forgiveness till he had told you the story? - A. No; I did not.

THOMAS GRIFFITHS sworn.

I am a constable; in consequence of a search-warrant, I went to the prisoner's house, in Dog-row, Bethnal-green; I searched, and found a box containing some soap; Mr. Whitwell then went out, and sent in Edward Smith , the other officer, and left him in possession of the box of soap; and I went to Mr. Whitwell's in search of the prisoner; I apprehended him in the passage, and took him to the counting-house to his master; I told him I had searched his house, and found some soap, which his master said was his, and that he must go along with me to the Police-office, in Lambeth-street; his master came in and asked him if he had any accomplice with him; his master said if he would let him; he then said he had not any, but that he had taken some soap away in a box.

EDWARD SMITH sworn.

I am a police-officer; (produces a box of soap); I found it at the prisoner's lodgings in Dog-row, Bethnal-green, on the 10th of this month.

Cross-examined by Mr. Ally. Q. The box was not locked? - A. No; it was not.

Court. (To the Prosecutor.) Q. Look at that box; you had such quantities that you could not miss it, I suppose? - A. We missed a very considerable quantity; here is one piece that I can swear most unequivocally to, because it is misboiled; it is not the article it was intended to be; we have a part of the same boiling in the house now.

Cross-examined by Mr. Ally. Q. You are in a very large way, and boil a very large quantity together? - A. Yes.

Q. The misboiling must have been to a very considerable extent? - A. I suppose 2500lbs.

Q. You keep some person I suppose for the purpose of sending out those particular articles; you don't send them out yourself? - A. I don't.

Q. You cannot say that this was not sent out by any body else? - A. No; I cannot.

Q. Therefore such soap might have come into the world in an honest way? - A. I cannot but admit your argument,

Q. (To Smith.) Look at that examination? - A. It was taken at our office.

Q. Did you see him write his name? - A. No; I did not.

Prosecutor. I saw him write it, my Lord.

Q. (To Smith.) Did you hear this read over to the prisoner? - A. Yes; he made no objection to signing it.

The examination and voluntary confession of William Freggleton read.

Jury. (To Smith.) Q. Was there any inducement held out to the prisoner to confess? - A. No; the magistrate cautioned him against it, and told him it might be brought in evidence against him; and that he would not persuade him to make a consession; if he chose to do it voluntarily, the clerk might take it down.

Prisoner's defence. My master used to make exceeding good weight, and when I have carried quantities of soap home, the over weight I have brought home to my own house; but I never took a piece off my master's premises.

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

GUILTY . (Aged 40.)

Confined two years in the House of Correction , and fined 1s.

Tried by the first Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960914-63

520. ANN PRIESTLEY was indicted for feloniously stealing, on the 21st of July , six pounds and an half weight of leaf tobacco, value 13s. the property of Joseph Pinheiro and Jacob Brandon .

JOSEPH PINHEIRO sworn.

I am a tobacconist in partnership with Jacob Brandon , No. 143, Whitechapel ; The prisoner worked in the cellar as a tobacco-stripper ; on Wednesday the 20th of July she came up out of the cellar into the shop; I was called down by the woman who worked with the prisoner; and then I saw six pounds and an half of leaf tobacco which the shopman had taken from her; then we took the tobacco and the prisoner to the office; we are in the constant habit of allowing them every Saturday night a quantity of tobacco or snuff, which ever they like, in order to keep them from pilfering.

SAMUEL HITCHIN sworn.

I am shopman to Messrs. Pinheiro and Brandon, in Whitechapel; On Wednesday the 20th of July, when the woman came from work as usual, I robbed her down; I had a suspicion she had something about her that she should not have; I asked her what she had got, she would not tell me; I asked her again, and she said, if I would go down into the cellar with her she would show me; I went into the cellar and she took up her outside petticoat and pulled out this tobacco, (producing it); it was loose in a kind of a pocket, I have had it ever since; there was another woman in the cellar that saw me take it from her, and I desired her to call my master; he came down, and I told him I had taken it from her.

Q. (To Pinheiro). Had you such tobacco as that in your house? - A. Yes; It was never out of our premises; she had one hundred weight of tobacco weighed out to her to strip; it was out of a hogshead that had been damaged at the sides.

Q. You could not miss such a quantity as that? - A. Not very well.

SARAH SMITH sworn.

I saw Mr. Hitchin take this tobacco from the prisoner.

Prisoner's defence. It is a false, malicious accusation; I have got five children, three of them in the small-pox; my master is litigious; I was but just out of a lying-in, and could not possibly have put such a quantity as that in my pocket; a person of his religion would not mind injuring one of my religion; he has been all over the trade trying to get people to swear against me.(The prisoner called five witnesses, who said, she was a very honest, industrious, hard-working woman.)

GUILTY. (Aged 42.)

The Jury recommended her to mercy on account of her family .

Confined three months in the House of Correction .

Tried by the first Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960914-64

521. THOMAS WELLS was indicted for feloniously stealing, on the 17th of July , 107lb. weight of lead, value 10s. the property of William Barlow , Nathaniel Barlow , Richard Hurst , Michael Henley , Constant Barlow , and Mary Taylor , affixed to a certain building of their's

THOMAS FARNSWORTH sworn.

I am a bricklayer; I have a power of attorney, under which I act for Messrs. Barlow; it is their property; I collect the rents of that place; on Sunday the 17th of July, the tenants sent to me about the middle of the day to inform me that they had taken the watchman of the market a thieving the lead; I was in the country at the time; on Monday the 18th I took the officer and the lead; I fitted the lead to the place from where it was cut, and it fitted exactly.

Q. Was there as much lead as covered all the vacancy,

or was any taken away? - A. We spread it and tried it, and it as nearly covered the place as could be; and the joints fitted exactly, and then I marked it.

Cross-examined by Mr. Peat. Q. Where did this lead belong to? - A. Green's-alley, over a cellar.

Q. How many persons are interested in this place? - A. Twelve; but men and their wives are one, I take it, and so I take it six are responsible; they hold it by lease under the Dean and Chapter of Westminster.

Q. Are you sure this lead was got from that place? - A. I am very sure of it.

Q. We old men are very apt to be positive-that is not very thick lead? - A. No. nor very thin; it is neither milled lead nor cast lead.

Q. Do you mean that it is cut off from the gutter cross-ways? - A. It is almost staight in some parts, and angular in others; it seemed to be cut with a saw and a hatchet.

Q. The impressions that the saw and the hatchet made would not easily correipond as if it was cut with a plumber's knife? - A. I cannot say any thing about the saw and the hatchet; they were found upon the premises, that is all I know of it; there is a shop in the market, where is for his use, as he is watchman of the market, where he keeps his brooms to sweep and clean the market.

Court. Q. Describe how this gutter is situated? - A. It is within about a foot of the bottom of the cellar-floor, and takes the water through the market.

Q. Where is it fixed? - A. In a vault underneath the market.

Q. Was it under cover? - A. It was under cover, and a padlock upon it when I left it; the padlock was broke open some time in the night.

Mr. Peat. Q. This gutter is of a common size? - A. Yes.

Q. In another gutter the beating in with the hammer would have had much the same appear ance? - A. No; it could not because it fitted the place.

THOMAS JACKSON sworn.

I am a soldier in the first regiment of guards, I live next door to this place; On Sunday the 17th of July, about half past four in the morning, I heard a terrible noise of knocking, and I came down, and opened the back door, and saw the prisoner run out of this cellar, and leave the door half open and half shut, the watchman was going his rounds, and he said, "if I had a hammer and nails, I would nail the door up," I said, "never mind that, I'll do that," and he went away; presently, Wells comes down the market with a barrow, and a little straw at the bottom of it, and put something into it, he turned on one side, and put it into the barrow, and took it into the market, to the place he had in his possession to put his brooms and things in; I went and informed the gentleman of the market of it in the morning.

Cross-examined by Mr. Peat. Q. How long have you known the prisoner? - A. I cannot positively say, the first time I knew him was, when I came from camp.

Q. You have a comrade, have not you? - A. I have many.

Q. But you have had a comrade in the custody of the prisoner for a little mistake? - A. No.

Q. You never was in his custody? - A. No, nor any body else's, thank God.

Q. You never used any angry expressions to him upon any occasion? - A. No, nor him to me.

Q. He has a lock and key of this place you speak of? - A. Yes; he puts his brooms there.

Q. And it is therefore a handy place to put any thing in that he may pick up in the market? - A. Yes; as far as I know.

Jury. Q. Has any body else a key of that place? - A. No.

DANIEL CLARKE sworn.

I am a smith; On the 17th July, about five o'clock in the morning, I heard a barrow coming down Green's-alley, I looked, and saw the barrow with a quantity of straw go into the market; it was wheeled by the prisoner.

Cross-examined by Mr. Peat. Q. This wells, being a watchman in the market, and having a key, it is his duty to take care of any property in the market? - A. Yes.

Q. And he is paid so much for that purpose? - A. Yes.

WILLIAM STENT sworn.

I am a butcher; On Sunday morning, the 17th of July, a little after eight, coming from my shop, I saw two or three people about this cellar, and they said something was stole; I saw a gentleman coming out of a public-house with a light, and he, and I, and other people, went into the cellar; we perceived the trough which carried the water, and observed that the lead was gone, the wood was scattered about; from a few words that dropped from Jackson, I thought the prisoner had the lead, and I immediately went up to his shop, and asked him something about clearing the shop that evening, or something of that sort; he seemed very much consused; I heard him rustling the straw about in the shop, and I immediately came away, and came to this cellar again, where the lead had been taken from, and I saw Mr. Hardmeat, and he and I went back to his shop, and knocked at the door, and in that shop we found two tubs full of lead; I turn

ed the lead out, I think there were five pieces, and I sent for a constable.

Cross-examined by Mr. Peat. Q. How far is the cellar from the shed? - A. About the length of this Court.

Q. This lead was hammered together? - A Yes; and the plumber next day, came and beat it out, and I saw it fitted exactly.

Q. Any other piece of lead might have been hammered into the same shape? - A. Lead is a thing that may be beat into any form.

CHARLES HARDMEAT sworn.

I am a butcher; I was going past this place on the 17th of July to my own shop, I saw Stent there, and a number of other persons, I pushed the door open, and they shewed me that the cellar door had been broke open, the staple had been attempted to be drawn, but instead of drawing it, it broke, and the padlock was broke; Stent came to me, and said, he believed Wells had stolen the lead, and taken it to the shop; we found the lead there; Conyers was there, it was in two tubs, containing five pieces of lead each; I took the lead out of the tubs myself, I looked among the straw and found it; I then said to the prisoner, what have you been about, he said, nothing, upon my foul; I charged him with stealing it, and he said, I have not, upon my foul, master; he bid me say nothing about it, he said, pray forgive me; I said, I cannot look over it, Tom, I shall acquaint the rest of the inhabitants of the market with it; I went away, and when I returned, Stent and Conyers found one tub of lead.

JOHN CONYERS sworn.

On Sunday the 17th of July, I went to the cellar door, and searched the cellar round, and saw the trough broke, and the lead taken out; I went with Mr. Hardmeat to this shop, and there observed what passed through the key-hole; I saw the prisoner cover a tub of lead over with some straw; we knocked at the door, it was opened, and we were let in; I pulled out the lead where it was concealed; Mr. Hardmeat went and told the inhabitants of the market of it, and left the prisoner in custody with Stent and I, and while he was gone, we found another tub.

JOHN BALL sworn.

I am a constable of St. Margaret's parish, Westminster: On the 17th of July, I was sent for by Mr. Hardmeat, to Westminster Market, to apprehend the prisoner; I took him into custody with a parcel of lead that he had in his possession in the Market. (Produces the lead, a hatchet, and saw).

Q. How came you by that hatchet and saw? - A. I had him in custody on the Sunday, and the hatchet and saw were given me on Monday by Mr. Hardmeat.

Cross-examined by Mr. Peat. Q. They were given you by another witness? - A. Yes.

Q. The lead was given you in the state in which it is now? - A. No; the three under pieces the plumber beat out the next day, it was all taken by me to the place, and these three pieces matched; I have kept it from that time till now.

- SILESTER sworn.

I am carpenter of the Market; I went on the Monday morning about ten o'clock to the Market, and I met Mr. Hardmeat; I went on the roof of the house, between eleven and twelve, with Mr. Hardmeat; there is one piece which was hollowed for the water to run out, and it fitted within five inches in length. (The piece was shewn to the Jury).

Cross-examined by Mr. peat. Q. You handed a piece of lead to the Jury just now that was doubled at the end of the wall? - A. Yes.

Q. It matched within five inches in the length? - A. I first found the two ends, and I laid it all along, and it matched within five inches, which I allowed for by the hacking of the lead, I defy it to fit any other gutter; it fitted by the soil in the gutter, which was two inches deep, and by the width of it; the two ends that went into the wall I will swear to.

WALTER CROSS sworn.

I am a watchman; I was going my rounds about a quarter after ten on Saturday night, the 16th of July, I saw this cellar door open, and the patroles came up, and desired me to make it fast, which I did; about four o'clock on the Sunday morning, I was coming round, and the door was wide open again, and I saw the prisoner come down the steps into the Market, and go to his shop with a barrow.

Q. (To Hardmeat.) Where did you get the hatchet? - A. Out of the shop, on the Monday, it is called a shed, I opened the door and found that saw, about two o'clock.

Q. Was the door locked or open? - A. The door was locked, the constable gave me the key.

Mr. Peat. Q. I believe you have seen saws and hatchets like these? - A. I have seen many saws and many axes, but I am sure I took them out of the shop.

Prisoner's defence. My Lord, as I was going to see my father about five o'clock, going along, I saw something lying, it was this lead, in Green's-alley, near the Market, going into the Market; I unlocked the door, and wheeled the barrow out, and put it in; and when I wheeled it into the shop, before I took it there, Mr. Hardmeat took me up; the lead laid for any body to see it.

(The prisoner called five witnesses, who said he was an bonest industrious young man).

GUILTY . (Aged 19.)

Transported for seven years .

Tried by the first Middlesex, Jury, before Mr. RECORDER.

Reference Number: t17960914-65

522. WILLIAM WARREN and WILLIAM TOMLINS were indicted, the first, for feloniously stealing, on the 27th of June , four bushels of grains, value 1s. 6d. the property of William Stevenson ; and the other, for receiving the same knowing it to have been stolen .

WILLIAM STEVENSON sworn.

I am a farmer , at Poplar; I had a letter came to my house the 24th of June, in consequence of which, I sent to an officer, in Whitechapel, to meet the waggon; he met it, and found the prisoner taking the grains out.

Q. Where did you tell him to watch? - A. Against the Cape of Good Hope, a public-house; I had sent my waggon for grains on Monday the 27th of June; I sent it to Vinegar-yard, by the city-road, near the Lying-in-Hospital; that is all I know.

Cross-examined by Mr. Knowlys. Q. What quantity of grains did you send for? - A. Seventeen quarters.

Q. Do you know that you had any less than seventeen quarters? - A. No; I sent Warren for them; he was my servant, I gave him ten guineas a-year.

Q. Vinegar grains are not of equal value with others? - A. They are not of more value.

Q. You did not miss any quantity? - A. No.

THOMAS COOMBES sworn.

I am an officer of Whitechapel; I went by Mr. Stevenson's desire, on Monday the 27th of June, near the sign of the Cape of Good Hope, by Limehouse church , in the road to Popular, about twelve o'clock in the day; I saw the waggon pass by, they stopped at the sign of the Cape of Good Hope; I saw the prisoner, Warren, get into the waggon, and scrape some loose grains from off the sack covered with grains; I saw him give them to the publican upon his back, and take them into his own yard; I then secured Warren and the publican, and brought them to the office, grains and all. (Produces the sack the grains were in).

Q. Did you compare the grains? - A. I got a man to drive the waggon home to the farmer's house; I did not compare the grains.

Cross-examined by Mr. Knapp. Q. This was at twelve o'clock at noon day? - A. Yes.

Q. So that Warren took the grains from off the sack? - A. Yes; the sack was covered.

Q. You don't know what grains were contained in the sack? - A. No.

Q. You have never heard since, not at the Magistrate's, that they were of a different quality? - A. I heard the people say that saw them, that they were the same vinegar grains; I am no judge, and therefore don't know it.

Q. You never looked into the sack at all; who did the sack belong to? - A. I don't know.

Court. (To the Prosecutor). Q. Where is your other man? - A. He is not here; I did not know that I had any occasion for him.

Q. Can you distinguish the grains? - A. Yes.

Q. Have you examined the grains? - A. Yes; but I cannot take upon myself to swear to them.

Mr. Knowlys. (To the Prosecutor.) Q. Tomlins was bailed? - A. Yes, he was.

Q. That sack is not your sack? - A. No; it belongs to one Winter, a cornfactor.

Court. Q. We cannot go on with this business; for in the first place, there is nobody to prove this property; no doubt but this was his property, but it was in a sack separated from the grains in the cart; if any body had seen the grains, that would be evidence to prove they were his grains. As they are in a sack, and as Stevenson cannot prove the property, therefore, I believe you must dispose of it.

Both NOT GUILTY .

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

Reference Number: t17960914-66

523. JOSEPH BEARD was indicted for stealing a quantity of carpenter's tools , on the 20th of July , the property of Jeffery Woolley .

JEFFERY WOOLLEY sworn.

I am a carpenter , I was at work at No. 2, Chesterfield-street .

Q. Did the prisoner work at the building? - A. No.

Q. What day was it you lost these tools? - A. The 20th of July; I went to work about six o'clock in the morning, and staid till eight, then I went to breakfast, and when I came back, the tools were gone; who took them I do not know.

ELIZABETH ATKINSON sworn.

I am a married woman, I had the care of this house, No. 2, Chesterfield-street; this man, the prisoner, came and rung at the bell between eight and nine o'clock, the carpenter was gone to breakfast; he asked me if the carpenter was up stairs at work; I said, I believed he was; and as I had not heard him go out that morning, I went up stairs to see if he was gone; I said, the carpenter was gone to breakfast; he said that did not signify, he only came for a few tools he promised to lend him; he stooped down and filled his basket; I opened

the door, and let him out, and never saw him for a fortnight after; the carpenter came and told me a man was taken that answered all the description I had given of him.

Q. Look at the prisoner; can you swear to him? A. I can swear to the prisoner from a thousand; I am sure he is the very same man.

Court. (To Woolley). Q. Have you ever found the tools? - A. No; I searched among all the pawnbrokers; I never saw the prisoner before.

Prisoner's defence. I am an entire stranger to what that woman has said, I never was in Chesterfield-street.

GUILTY . (Aged 49).

Confined six months in the House of Correction , and fined 1s.

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

Reference Number: t17960914-67

524. ELIZABETH GEARY was indicted for feloniously stealing, on the 21st. of June , a guinea , the property of Robert Nixon .

ROBERT NIXON sworn.

I live in Fleet-market, I keep a lodging house in Bear-alley. I went on the 21st of June, about three or four o'clock, to Mr. Crier's, the sign of the Swan in the Strand , for a pint of beer, and sat me down with the pint of beer, and Mrs. Crier asked me for change for a guinea; I said I believed I could give it her, with that I put my hand in my pocket, and pulled out three half crown pieces, three shillings, and half a guinea, and I laid the guinea upon the table; I knew I had a hole in my pocket, and I felt in my pocket for a bit of paper; this woman took it up at the same time, and put it into her mouth; I bid her lay the guinea down, she damned me, and called me an old bugger, and told me to call the next morning. I never saw her before in my life; I took hold of her, and said, lay the guinea down, and she would not. I went to get a constable, and this young man went to get one; she made her escape from me, and when we had got a constable, she was taken; I am sure this is the woman.

Q. Did you tell her you would go for a constable? - A. Yes; she damned me, and said I might go; I went myself to Bow-street, and from there to Clare-market; when I came there I could not get one, I came back and the young man had got one.

EDWARD SEAL sworn.

This woman came into our house in the Strand, and called for a pennyworth of beer; she had some ballads; when I asked her for the money, she would not give it me; I called my aunt to know if she wanted to change a guinea; she said she did, and had it; and when I came back again, the prosecutor had hold of her hand; I went for a constable and got one.

Q. (To Nixon). When you felt in your pocket, what did you say she did? - A. She picked it up off the table, and put it into her mouth and I bid her lay it down.

Prisoner's defence. I know nothing about the matter, it is a likely story I should have it when the constable came about an hour after; I am innocent of it.

GUILTY . (Aged 38.)

Confined two years in the House of Correction , and fined 1s.

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

Reference Number: t17960914-68

525. ELIZABETH LEA and MARGARET WARD were indicted for feloniously stealing, on the 20th of August , a silk purse, value 6d. four pieces of paper called duplicates, four pieces of foreign silver coin, value 2s. and 50s. in money , the property of William Hanewig .

. (The prosecutor was called, and not appearing, his recognizance was ordered to be estreated) .

Both NOT GUILTY.

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

Reference Number: t17960914-69

526. MARY MOORE was indicted for feloniously stealing, on the 11th of August , a muslin handkerchief, value 4s. the property of Thomas Watson .

ANN BROWN sworn.

I am servant to Mr. Farren, at the Oxford Hotel: As I was up at the two pair of stairs window, the 11th of August, between eleven and twelve, looking through the blind, opposite this gentleman's house, I saw the prisoner undo something at the door, which appeared like muslin; there were goods hanging on the out-side of the door; he is a linen-draper ; and when she undid it, she put it in her apron, and looked at the window, and then twisted her apron up; I went and informed the prosecutor, and shewed him the person; that is all I know.

Q. Are you sure that is the woman? - A. Yes; I am sure that is the woman.

ROBERT TUCKELL sworn.

I am an assistant to Mr. Watson, a linen-draper, No. 61, Oxford-street ; but the shop this was done at, was No. 309, opposite the Oxford-hotel: On Thursday, the 11th of August, I called in there, and this young woman came over from Mr. Farren's hotel, and said there is a woman thieving your things from the door; she told me she was gone down the next street; I followed her, and stopped her in Shephard-street; I laid my hand on her arm, and said "will you be so good as to walk back, a person

wants to speak to you;" she hesitated, and said what could I want with her; I said if she would go back, I would inform her; she went back, and with reluctance went into the shop; She said she was a mother of three children, and big with the fourth; her apron was twisted round her in the manner Ann Brown as described; I asked her if I should unsold her apron; unfolding her apron, I took out the handkerchief, which will be produced; I said, "I suppose you can give a good account where you got this;" she said, "yes, I picked it up in the street;" Ann Brown immediately replied, "how can you say so, for I saw you take it from the door;" I then went for a constable, and took her to Marlborough-street.

Q. What did she say when Ann Brown said she took it from the door? - A. She persisted that she found it in the street.

ROBERT FRANKS sworn.(Produces the handkerchief.) I am shopman to Mr. Watson, at this shop No. 309, Oxford-street; this is the handkerchief that was taken from Mary Moore ; I saw it taken from her; it is Mr. Watson's property, I pinned it up myself at the door in the morning, about nine o'clock, to two cottons and a muslin.

Q. Have you any mark at all upon it? - A. There is no mark upon it, but it is doubled in three; I am confident it is the handkerchief.

Q. There are many muslin handkerchiefs like it? - A. No doubt of it; when it was pinned up, it was doubled in three at one corner, the corner that is pinned up; the pin went through the three doubles.

Q. That is a common way I suppose, if it was not doubled it would tear; the doubling makes it stronger? - A. Yes.

Cross-examined by Mr. Knapp. Q. You don't mean to speak to this muslin by any thing but the three turnings? - A. Yes; and the pin went through these turnings.

Q. Upon your oath, have you never seen such turnings man handkerchief? - A. Not before I came to town; but since, I have.

Q. How long have you been in town? - A. Not more than two months.

Prisoner's defence. I was coming from Paddigton; I came along the left hand side of the way in Oxford-road; I saw something lay in the corner of the street; I picked up the handkerchief and showed it to several persons; and could find no owners for it; I have two small children, and another dying.

GUILTY. (Aged 30.)

Recommended by the Jury to mercy .

Fined 1s. and discharged.

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

Reference Number: t17960914-70

527. JOHN RYAN was indicted for feloniously stealing, on the 27th of August , four pistols with locks, value 30s. the property of Thomas Reynolds .

THOMAS REYNOLDS sworn.

I live at No. 18, Great Prescot street, Goodman's fields ; I am a gun-maker ; I missed the pistols on Saturday. the 27th of August last; I heard one of my people say a man had been in the shop and took the property; I know the property found upon him was mine.

Q. Are you sure you had not sold them? - A. Yes.

ISAAC THOMAS sworn.

I am a gun-maker; I work for Mr. Reynolds: about an hour after they were missing, between half an hour after seven or near eight in the evening, on the 27th of August, I went to a public house, the sign of the Alderman Parsons, Rosemary-lane, I called for a pot of porter, which the landlord brought me; I told him the shop had been robbed; he asked me of what; I told him of two pair of pistols in the rough; he asked me what kind of pistols they were; I described them as well as I could; he told me if I had been in the house a quarter of an hour before, I might have seen some of my master's property; he advised me to sit down in the tap-room, he thought he might come again in about three quarters of an hour; he came, the landlord asked him if he had disposed of that which he showed him; he told him no, he had not; and drew a pistol from his bosom, and gave it into his hand; the landlord beckoned me to come towards him, which I did, and he put the pistol in my hand, which I knew to be my master's property, and asked me the value of it; I told him I could not tell; I asked him if it was to be disposed of; the prisoner said, yes; I asked him for what; he said half a guinea; I told him that was a deal of money for a rough pistol like that, particularly being an odd one; I told him if there was a pair, I could form a better Judgment of the value; he said how did I know but he had two or three more; I said it was out of my power to tell whether he had or not; but if he had I could make it answer his purpose as well as mine, I had a friend who wanted a pair; he asked if I had money to pay for a pair; I told him I had not at that time, but soon could procure enough for that purpose, or bring a friend; so that the prisoner was going out of the tap-room; I desired him to leave the odd pistol in the bar; he did, and we both went out together; as we were crossing the way, the prisoner says to me,"you will be bottom;" not knowing what he meant, I said I certainly would; he then said he would bring the other three, that I might take my choice; I desired him so to do, as one might please me better than another; so we parted at that time, and he went as I suppose to his lodging; and I went

and acquainted my master with the circumstance, and brought him to the public-house. He came in about a quarter of an hour, I said, "old gentleman, you have rather tarried," he said, "here they are," and put them down towards the bar; I took them off the stairs, and told him that was an aukward place to do any business, and desired him to go into the other room, where my master was; I took the pistols and carried them in, and he followed me; these are the pistols. (Produces them).

Mr. Reynolds. These are my property, I know them by several marks upon them, they are stamped with my mark. (Shews the stamp mark).

Prisoner's defence. I don't know where the man that owns them lives no more than this board; I found them on Tower-hill; I picked them up, and threw them across my arm, and took them to Davis's, the public-house; if I know any thing of the pistols but what I tell you, may I die here; I don't know where the owner lives, if I do, may I be hanged this minute.

GUILTY . (Aged 75.)

Confined one month in Newgate , and fined 1s.

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

Reference Number: t17960914-71

528. MATTHEW GILLHAM READ was indicted for feloniously stealing, on the 13th of August , two brass tools for grinding glass, value 15s. the property of Joshua Ramsden .

(The prosecutor was called, but not appearing, his recognizance was ordered to be estreated) .

NOT GUILTY.

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

Reference Number: t17960914-72

529. MARY RUSSELL was indicted for feloniously stealing, on the 13th of July , five hair brushes, value 1s. 6d. the property of Tabitha Martin .

TABITHA MARTIN sworn.

I live on Little Saffron-Hill , I am a single woman ; the robbery was done when I was out of town, I know nothing of it, but that they are my property.

ELIZABETH WELDON sworn.

I was sitting at the door, on Wednesday the 13th of July, I live on Saffron-hill, two doors from the prosecutor; I saw the prisoner cross from the opposite side of the way, and take the five brushes off the nail at the door; I told her to go and put them where she took them from, she behaved impudent, and said, they were her property, she found them; I sent for an officer to take them from her, and then she was taken to Hatton-Garden with the brushes; she would not give me the brushes. (Produces them).

Prisoner's defence, As I was going along, I kicked against these brushes; I picked them up, she stopped me, my name is not Russell, it is Langford.

GUILTY . (Aged 58.)

Confined three months in Newgate , and fined 1s.

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

Reference Number: t17960914-73

530. SARAH WILLIAMS and MARYVAL DRIDGE were indicted for feloniously stealing, on the 2d. of July , a silk cloak, value 8s. the property of William Clinker .

GEORGE FINLEY sworn.

I am a soldier: On the 2d of July, about two o'clock in the day, I was going by Mr. Clinker's, a pawnbroker in Crown-street , I saw the two prisoners standing at the door; I saw Williams take down the silk cloak, and put it into the other woman's lap; I went and informed Mr. Clinker of it, and he bid me follow them and bring them back; I did, and, when they got into Mr. Clinker's house, Aldridge dropt the cloak.

Prisoner Williams. About two years ago he wanted to trappan my husband for a soldier.

WILLIAM CLINKER , sworn.

I am a pawnbroker, at No. 1, Crown-street; about the hour of one o'clock, on Saturday the 2d of July, the last witness came into my shop, and asked if I had lost a cloak; I said, I did not know I had; he said, two women had taken a cloak; I bid him go after them, and bring them back, I sent my boy after them he brought them back; and when they came into the shop, the cloak was dropped under foot; this is the cloak, it has my mark upon it, I am positive to the mark, it is the sale mark.

Williams's defence. I was in the public-house, I had been to market, I am innocent of it; I never was in the shop till the man brought me there, I am as innocent as the child unborn; I know the soldier owes me a spite, and would swear my life away, because he could not kidnap my husband.

Aldridge's defence. The soldier ran after this woman that I never saw before in my life; I was walking and he stopped me, and he searched me all over to my very knees; he brought me to the shop, the shop was full; he took up a cloak, and said I dropped it. I am as innocent of the cloak as the child unborn.

Williams, GUILTY . (Aged 38.)

Aldridge, GUILTY. (Aged 47.)

Confined three months in Newgate , and fined 1s.

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

Reference Number: t17960914-74

531. JEREMIAH FRANCIS was indicted for feloniously stealing on the 23d. of August , a

five sow pig, value 10s. the property of William Tothill .

There being no evidence to affect the prisoner, except that of a child of nine years of age, who was ignorant of the nature of an oath, the prisoner was.

ACQUITTED .

Reference Number: t17960914-75

532. JAMES M'COUL and WILLIAM OSLAND were indicted for feloniously stealing, privately from the person of James Brown , a leather pocket-book his property, containing an order for the payment of money, value 40l. another order for the payment of money, value 38l. and another order for the payment of money, value 40l. the property of the said James Brown .

The case was opened by Mr. Const, but the prosecutor not appearing when called, his recognizance was ordered to be estreated .

Both ACQUITTED.

Reference Number: t17960914-76

533. THOMAS TITCHBURNE and THOMAS NAYLOR were indicted for feloniously stealing, on the 14th of July , 24th. of dressed flax, value 1l. 4s. and 61b. of other dressed flax, value 6s. the goods of Isabella Francis .

Second count. Laying it to be the property of John Francis .

There being no evidence against Naylor, and the evidence against Titchburne being a confession under a promise from the constable that he would intercede with his mistress for him, they were

ACQUITTED .

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17960914-77

534. WILLIAM WHITE was indicted for being found at large before the expiration of the term for which he had been ordered to be transported .

There being a variance between the indictement and the record, the prisoner was found .

NOT GUILTY.

Ordered to be referred to his former sentence.

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17960914-78

535. HENRY BUTLER was indicted for feloniously stealing, on the 26th of August , a leather pocket-book, value 6d. three bills of Exchange, each of the value of 1001. another value 2001. another, value 154l. 128. 6d. another, value 4001. another, value 40l. another, value 230l. another, value 521. another, value 17l. 10s. two others, each value 301. another, value 251. 118. 6d. another value 851. another, 291. another, value 15l. two Bank-notes, each value 10l. and an order for the payment of money, value 51s. the property of James Bennett , Capel Currie , Henry Cope , and Joseph Jellicoe .

The prosecutor not being able positively to identify the prisoner, the Jury found the prisoner

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960914-79

536. WILLIAM COATES was indicted for feloniously stealing, on the 15th of July , privily from the person of Daniel Rose , a leather pocketbook, value 4s. a penknife, value 6d. and a promissory note for the payment of money, value 1l. 1s. dated Edinburgh, the 1st of March, 1780, the property of the said Daniel .

The constable who saw the property taken was examined, but the prosecutor being master of a man of war and aboard, and no person appearing to prove the property, the Jury found the prisoner

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960914-80

537. JOHN LINCOLN was indicted for feloniously stealing, on the 28th of July , twelve silver tea spoons, value 21s. the property of David Gordon .

JAMES GORDON sworn.

I am son of David Gordon , in St. Martin's-lane, Charing-cross : On the 28th of last July, the prisoner at the bar came into our shop; I think it was on Thursday, and offered to pledge twelve silver teaspoons, upon which I lent him a guinea; at the time he left them, he advised me particularly to tie them up in a brown paper; he came for them in a quarter of an hour, or rather more, and told me he wished to redeem them; he had a small pledge he wished then to leave for 7s. 6d. a shirt and three handkerchiefs; I laid down the tea-spoons upon the counter tied up as he had left them, and, while I was examining the things that he brought, he changed the spoons by laying down pewter spoons upon the counter tied up in the same manner; I had to go some distance to examine the shirt and handkerchiefs; they were not worth so much as he required on them; he took the shirt and handkerchiefs away, and told me he must leave the spoons till he called again, that he could not redeem them at that time because I would not lend him so much upon the articles as he wanted; I took the silver spoons up as I thought, as they laid upon the counter tied up, and took them away into the back shop; I had some suspicion that there was a possibility of changing them.

Q. How came that suspicion to arise? - A. I make it a point, whenever I me any spoons, to take string enough to annex the ticket to it; when I came to look at it, I saw the string was not long enough; I went in pursuit of him, and took him

within I small distance from our house; it was not above a minute or so before I discovered the cheat; I brought him back to the house, and from thence to the watch-house; I searched him, and found upon him my own spoons and two other parcels of pewter spoons tied up in like manner.

Q. Can you say with certainty, whether he might not have changed them the first time he brought them? - A. No; I weighed them when I put them away.

Jury. Q. Is there no possibility of their having been changed while they were in your shop? - A. No; there is no body in our shop but my brother, my father, and an apprentice.

Q. What is the value of the spoons? - A. I lent him a guinea upon them.

Prisoner's defence. I went to the shop and pledged the spoons; I had no intention of taking away any thing; I was out of the shop three or four minutes, and, if I had had an intention of stealing them, I should have run away with them.

GUILTY . (Aged 20.)

Transported for seven years .

Tried by the first Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960914-81

538. JOHN WEBSTER was indicted for feloniously stealing, on the 31st of August , a pair of linen sheets, value 10s. two linen pillow-cases, value 4s. four linen table-cloths, value 30s. seven damask napkins, value 3s. two linen shirts, value 20s. three pair of stockings, value 21s. two pair of cotton stockings, value 3s. four damask clouts, value 15d. a child's linen shirt, value 1s. and a linen bed-gown, value 1s. the property of Thomas Allen , in his dwelling-house .

(The case was opened by Mr. Const.)

THOMAS ALLEN sworn.

Examined by Mr. Const. I live at No. 11, Henrietta-street, Cavendish-square ; the prisoner was employed at my house as a journeyman carpenter for a week or more, previous to the 30th of August; I did not miss the property, my servant missed the property.

Q. Do you know the prisoner's wife? - A. Yes; I went with Rivett and saw her.

Q. She never was at your house? - A. No.

MARY FRANKS sworn.

Examined by Mr. Const. I am house-keeper to Mr. Allen; the prisoner was at work at our house, the drawers in my master's bed-room wanted repairing, and the things were all taken out in the prefence of the prisoner, and taken up into the three pair of stairs room; I locked them up, and did not miss them till the 4th of September; Mr. Allen wanted a pair of stockings that he had not wore for three months; he was going out that morning, and then I missed the things in the indictment, (repeating them); I told my master and mistress of it, and that I suspected the prisoner, because he was in the room by himself; my master went to Bow-street; the prisoner heard what my master said, as he made a noise about it, and he took his tools and never came back.

JOHN RIVETT sworn.

Examined by Mr. Const. On Sunday the 4th of September, Mr. Allen applied to me, and I went to his house and examined the drawers, and found that some instrument had been used to force the locks back; I enquired of Mr. Allen what carpenter had worked in that room; he then told me that two carpenters had been at work there, and he told me of this man; I went in search of him, and did not find him; he was afterwards brought to Bow-street by somebody; I don't know who went; we then found out his lodgings, and saw his wife, and found some duplicates; we went to the pawnbroker's, and Mr. Allen knew the property; he accompained me to No. 2, Broad-street, St. Giles's, a Mrs. Taylor's, where this bundle was, (Producing it.)

Q. What passed at Bow-street? - A. He was examined.

Mr. Knapp. Q. Was it taken down in writing? - A. I cannot say.

Q. Will you swear it was not? - A. No; I will not.

Court. Q. Was any promise made him by the Magistrate? - A. No.

Q. By you? - A. No.

Q. By any body? - A. Not that I know of.

Prosecutor. It was not taken down in writing; the Magistrate told him to hold his tongue, a foolish fellow.

Rivett. After the examination the Magistrate asked him what he said to the charge, and he fell a crying, and begged for mercy, and hoped Mr. Allen would forgive him.

Mr. Knapp. Q. Upon the question being put by the Magistrate, he cried, and hoped for forgiveness, and yet that was not taken down in writing? - A. I don't know that it was.

EDWARD PUGENT sworn.

Examined by Mr. Const. I am an officer: I went to the prisoner's lodgines with Rivett and Mr. Allen, on Monday the 5th of September; the prisoner's wife was in the room; I asked her for duplicates, she gave them me; Rivett went down stairs with her, and in a few minutes he returned with this bundle from Mrs. Taylor's.

Q. Do you remember what passed before the Magistrate? - A. He said he hoped his master would forgive him for what he had done, and cried.

Cross-examined by Mr. Knapp. Q. Was the clerk taking down the examination of the prisoner at the time? - A. He was, in writing.

Q. Did he take down what the prisoner said? - A. What the prisoner says in defence is never taken down, unless he makes an open confession.

Q. The prisoner's wife went to Taylor's? - A. Yes.

Q. She gave you the information about the things? - A. She went with Rivett and returned with the things.

MARY TAYLOR sworn.

Examined by Mr. Const. I live in Broad-street, St. Giles's, No.2.

Q. Do you remember a bundle being at your house which Rivett and Mrs. Webster came for? - A. Yes.

Q. How came you by it? - A. Mrs. Webster came to me about eleven o' clock, and asked me to let her leave the bundle there; that her husband was going to pawn all her things; that he had been out of work a fortnight.

Q. Was the bundle that she took away the same that she brought? - A. Yes.

Mr. Knapp. Q. She brought the bundle by herself? - A. Yes.

Mrs. Franks. These are all my master's property.

Court. Q. What is the value of them? - A. They are all put down at half price; the napkins are quite new.

JOHN HUGHES sworn.

Examined by Mr. Const. I am servant to Mr. Woodin, a pawnbroker, in Drury-lane, (Produces two clouts); I don't think the prisoner pawned them; I think I should know the man if I was to see him; I am almost sure it was not the prisoner; he was not so clownish in his look, and better dressed.

Q. You had some conversation with him? - A. Yes.

Mrs. Franks. These are all my master's property.

JOHN VALENTINE sworn.

Examined by Mr. Const. I am a pawnbroker, in West-street, St. Ann's, Soho, (produces a sheet); it was pledged the 2d of September, by a man who bore some likeness to the prisoner; but I cannot say that it was him; it was pawned in the name of John Allen ; he is something like the man, but I cannot swear it is him.

Mrs. Franks. This is Mr. Allen's.

ROBERT ARMSTRONG sworn.

Examined by Mr. Const. I am a pawnbroker, in Short's-gardens; Drury-lane, (produces a table-cloth) this was pledged in the name of John Webster , No. 3. Lascelles's Place; he said, he kept a house there; I cannot swear it was the prisoner; I have no recollection of his person; I am certain it was a man.

Q. (To Pugent.) Where were his lodgings? - A. No. 3, Lascelles's Place.

Mr. Knapp. Q. Do you know them to be his lodgings any more than from an information you had received? - A. By his wife.

Mr. Const. (To Rivett.) Q. How came you to know that these were his lodgings? - A. He gave us that direction himself before the Magistrate.

GEORGE BENTON sworn.

Examined by Mr. Const. I live at Mr. Lane's, No. 185, Holborn, (produces a shirt); this was pledged in the name of John Wilson , No. 3, Lascelles's Place; I am sure it was not the prisoner, it was a man of more genteel appearance, and had his hair powdered, I should not have taken such a shirt from a man of the prisoner's appearance, a fine ruffled shirt.

Mrs. Franks. This is Mr. Allen's property.

The prisoner left his defence to his Counsel, and called three witnesses, who gave him a good character.

GUILTY. (Aged 24.)

Of stealing to the value of 39s.

Judgment respited to go for a soldier .

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

Reference Number: t17960914-82

539. JOSEPH SMITH and ELIZABETH his wife were indicted for feloniously stealing, on the 1st of July , 201b. weight of brass, value 10s. and 51b. of metal, called cock metal, value 2s. the property of Joseph Bramah .

There being no evidence to affect the prisoner, Joseph Smith, they were both ACQUITTED .

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

Reference Number: t17960914-83

540. ANN PULLEN was indicted for feloniously stealing, on the 9th of August , a cotton gown, value 10s. a calimanco petticoat, value 8s. a flannel petticoat, value 1s. a linen petticoat, value 1s. a pair of stays, value 10s. a cloth cloak, value 5s. a linen apron, value 1s. five muslin aprons, value 5s. two cotton half-handkerchiefs, value 1s. six muslin caps, value 2s. a linen table-cloth, value 1s. two muslin handerchiefs, value 2s. a dimity frock, value 1s. and a linen frock,value 1s. the property of Mary Pullen .

MARY PULLEN sworn.

I married the prisoner's father; the prisoner, was in town in service for any thing I know; I was married to him two years and a quarter, and I have buried him a year the 15th of March.

Q. Whose were these things before you were married? - A. My own.

Q. Are none of them her own mother's? - A. No; I lost them the 19th of August; I was at

work two miles off, and I was fetched out of the field between three and four o'clock, and told that my house was broke open; the hogs were found in the house.

Q. You have not lived upon good terms with your daughter-in-law? - A. No; I have not seen her but once since my husband died.

Q. How old is she? - A. Nineteen; I got her in place just before he died; and when he died I could not find her, she was gone from that place, and I could not find her to come to her father's funeral; my things were in boxes.

Q. Are you sure these were not her mother's? - A. I am very sure of it; they were all my own long before I knew her father.

Q. Why do you accuse your daughter? - A. Because I found some of the property upon her.

Q. Where were you married to her father? - A. In the parish of Harrow.

Q. You are sure you were his lawful wife? - A. Yes; the person that married me lives at Harrow now.

Q. When you married her father, did not she live with her father? - A. Yes.

Q. What was her father? - A. A labouring man; he worked in the barn at threshing.

Q. How soon did you get rid of her? - A. In about a twelvemonth.

Q. You never agreed, I suppose? - A. No.

Q. You exercised the authority of a mother over her, I suppose? - A. She never called me mother.

Q. But you used to call her daughter; to beat her, I suppose? - A. No; she has beat me.

- sworn.

I found these things upon the prisoner, (produces them); I knew this woman's husband very well.

Q. Do you know that they were married? - A. Yes.

Q. You know nothing of these being her own property? - A. No; I am afraid she has got into a bad connection, but I hope her morals will be mended after this.

Court. A jail is a bad school for mending morals.

Jury. Q. How long has her mother been dead? - A. I believe about six years; I was at that time master of the workhouse; they were miserable creatures; they were indeed, when the mother died.

ROBERT DOZELL sworn.

I am a pawnbroker, (produces a gown, two petticoats, a cloak, and two aprons): I took them in of two women; one of them attended at Bow-street, and was admitted an evidence, but has never appeared since.

Jury. (To the Prosecutrix.) Q. Did you ever lend her any cloaths to appear clean and decent in? - A. Yes.

Q. After that did she ever take them without your consent, and then you have seen them upon her and said nothing against it? - A. Never; I took care of that; because I always made her put her own things on again.(The prisoner's defence read by Mr. Shelton.)

"Sir,"My own mother, on her death-bed, begged of my own father, to give me her clothes, which he did not; but soon after her death cohabited with this woman; she beat me cruelly, and turned me out of doors the first night she came to my father's room, and never would suffer me to come within doors; my father lived near three years after her death; I saw my dear mother's clothes; I took a gown of my mother's; she sent for an officer and had me taken up; I have been in prison five weeks, and no friend to help me; this is the truth indeed; I am innocent of every thing that she lays to my charge."

Jury. (To the master of the workhouse.) Q. Do you suppose her capable of writing such a defence as that? - A. She is very subtle and artful indeed; and it was through her that another girl was put in prison for robbing her of things that did not exist, and Mr. Bond released the girl; when I went into the lodgings where she was, there, were sixteen women and nine men in the same room; I would not have gone in by himself for a hat full of money.

GUILTY . (Aged 19.)

Transported for seven years .

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

Reference Number: t17960914-84

541. JAMES GRAY . (a soldier ,) was indicted for feloniously stealing, on the 27th of August , a hempen bags value 4d. a saw, value 2s. a dovetail saw, value 1s. 6d. a jack plane, value 14d. a smoothing plane, value 15d. a rabbit plane, value 6d. two mallers, value 6d. two gimblets, value 4d. one gouge, value 6d. one axe, value 6d. three broad awls, value 3d. four chissels, value 12d. a Turkey oil stone, value 6d. an iron hammer, value 4d. and an augur, value 4d. the property of Charles Harding .

CHARLES HARDING sworn.

I am a carpenter : I was at work at the Shepherd and Shepherdess in the City Road; I was coming home down St. Martin's-lane, about six o'clock, with John Thompson, my partner; I met with a soldier (not the prisoner) who said he was my countryman, and we stopped and drank with him at the Northumberland Arms; at the door the soldier paid for one pot of beer, and my partner paid for two; I went in to see how he settled the reckoning, and left my bag of tools under the window; and while I was in the house the prisoner came out

and ran away with the tools; a man told me my tools were gone down towards the Strand; I went, but I could not find them; my partner found them at a public-house higher up, the Rose and Crown; the prisoner was there, and I took him into custody; he and some other soldiers beat us both terribly; the tools were in the landlady's possession in the bar of the public-house; the prisoner came in and out once or twice while we were drinking with the soldier.

John Thompson corroborated the evidence of the prosecutor.

JOHN MINNIFIN sworn.

I saw the prisoner take the tools from under the window of the Northumberland Arms, and carry them to Mrs. Rutledge's, the Rose and Crown; I am sure it was the prisoner.

Mrs. RUTLEDGE sworn.

I keep the Rose and Crown in St. Martin's-lane: On the 27th of last month the prisoner came to my house with a bag of tools, and desired me to take care of them.(The tools were produced in Court, and deposed to by the prosecutor.)

Prisoner's defence. My comrade had been drinking with these two carpenters; they had had a pot a-piece, and then they said they would have in my pot; the landlord said we had had enough, and would not give us any more; it was then agreed that we should go to the Rose and Crown, which we did; I took the tools and told them to come along; they did not come, and I went out again to see for them.

For the Prisoner.

TIMOTHY WADDINGTON sworn.

I keep the Northumberland Arms, St. Martin's-lane ; the two carpenters and a soldier came to my door, they had three pots of beer; the prisoner partook of the second and third; I desired them to walk into the house, because people could not pass and repass; they insisted upon the prisoner having his pot; I begged them to walk in, or they should not have it; they insisted upon having it at the door, and I would not to let them; then the prisoner said, we will go to the next house and have my pot, and he repeated that three or four times, and they went away; I did not see the tools; I thought they had had enough. they seemed all intoxicated.

Mrs. Rutledge. The prisoner came to my house and desired me to take care of the tools; he went cut and came back again, and then these young men came and asked for him; I went down stairs to draw some beer, and when I came up again they were all fighting.

Minnifin. I saw him take them.

Q. Did it appear to be an intentional taking? - A. It appeared so to me, or else I should not have troubled myself about it.

Harding. He never said a word to me about going to another public-house; I went down towards the Strand to look for them.

Thompson. I heard no proposal to go to another public-house, or any thing like it.

Jury. (To Waddington.) Q. Did either the soldier or the carpenters return to your house? - A. No; not after the tools were missed.

Mrs. Rutledge. When he went out of my house he went across the way.

NOT GUILTY .

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

Reference Number: t17960914-85

542. RICHARD JACKSON was indicted for feloniously stealing, on the 5th of July , a table clock, value 3l. a brass clock-winder, value 1d. and an iron key, value 1d. the property of Abraham Heath , in his dwelling-house .

ABRAHAM HEATH sworn.

I am a dealer in pictures and curiosities : On Tuesday morning, the 5th of July, I missed a table clock from my shop; an alarm was given by somebody, I cannot tell who, and I ran out immediately and saw the clock the corner of Mortimer-street, about fifty yards from my own house, and I charged the witness to take it up for me, (produces a green bag); this was found upon the prisoner.

SUSANNAH TANNER sworn.

I am servant at a public-house: On the 5th of July, about ten o'clock in the morning, I saw the prisoner put down the clock at the corner of our house; Mr. Heath was running after him, and desired me to take care of the clock, and I took it up; the prisoner went directly into our little house with a bag rolled up in his hand.

Q. (To Heath.) Did you see the prisoner in your shop at all? - A. I did not.(The clock was produced, and deposed to by the prosecutor.)

The Prisoner did not make any defence.

GUILTY. (Aged 14.)

Of stealing to the value of 39s.

Transported for seven years .

Tried by the first Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960914-86

543. JOHN AYSCOUGH , WILLIAM MENDHAM , and MARY JONES , were indicted for coining, on the 27th of August , a piece of false money, to the likeness of a halfpenny .

(The case was opened by Mr. Cullen.)

JOHN ARMSTRONG sworn.

On Saturday the 27th of August, about eleven o'clock in the morning, I went in company with Harper, Wray, and Peach, to a house in Nottingham-court,

King-street, Seven-dials ; I knocked at the door three times, but got no admittance; the sash of one of the windows being a little down, I lifted Wray in, and desired him to open the street-door, which he did; I was proceeding to that part which I found led into the cellar; and Wray said, get into the front street, which I did, and immediately observed a man without a shirt, without a hat, and a man with a waistcoat less than him running as hard as her could; I pursued, and as they turned the corner I lost sight of them; but as soon as I turned I went up an alley that goes into St. Andrew's-street; they then went into a broker's shop, and the prisoner (Ayscough) was sitting upon the stairs without any shirt, without a hat, and without a coat; I caught hold of him by the waistband of his breeches and said, you shall go with me; I perceived he had but one shoe on, and that had no buckle; I took him back to the house, and saw the prisoner Mendham in custody of the other officer; the prisoner Ayscough being without his cloaths, I asked him if he would put any cloaths on before he was secured or hand-cussed, and he put on his coat and his waistcoat, and shirt, which were lying on a chair in the room; I then went to the window that was on the stairs, and on the tiles I found an old shoe without any buckle; the tiles joins a public-house-yard which goes into the front street; I asked the prisoner is this your shoe, he said, yes, it was, and put it on; Ayscough was then hand-fussed with the other prisoner; I desired the other officers to look at his hands; they were black and greasy, and in that condition that people would be with using a press that had oil and grease about it; I then proceeded into the cellar, where I found a stamping-press with two dies fixed, and this connterfeit halfpenny between them, and a candle alight; there was a window in the cellar, but this counterpane was tied before the window across the cellar, from one end to the other, and the press was behind this counterpane; I then proceeded to search the cellar, and found these halfpence, (producing a great quantity,) and a great quantity of blanks, (producing them); and these I found in what they call the collar of the press, it is a crevice that they are put into where they are not so handy to take them out instantly; in the cellar likewise was a bag tied up, a rouncing bag; it is a sack tied, and then there was in the same cellar some saw-dust, that appeared to have oil which takes off the brightness; I then tried to take the press down; I went up one pair of stairs, and found on the mantle-piece this five shilling paper of counterseit halfpence finished compleat for circulation, blackened and all, (producing them); in the wainscot I found these halfpence mis-struck in the die, and not so fit for circulation; in removing the dust out of the cellar, I observed this woman's shawl, which I have had ever since; I found this bag with some halfpence in it, (producing it); it was lying in a corner of the cellar; I was at the taking the things out of the house; and I know no more of it.(The press produced, and the use of it described by the witness.)

Q. Can you say from your own experience that there is a compleat set of coining instruments? - A. Yes.

Q. Now look at these halfpence you have produced, and tell us if they are counterfeit? - A. They are.

Court. Q. Are you sure he said it was his? - A. Yes, I am; he afterwards, before we went away, changed the shoes again, and put on a pair that Harper brought out of the one-pair of stairs, that had a pair of silver buckles in them.

JOHN WRAY sworn.

I am an officer; I went in company with Armstrong and the other officers, to a house No. 1, in Nottingham-court; we knocked at the door several times, and could get no admittance; I pushed up the window and got in; and while I was getting in I heard some people coming up the cellar stairs; I then went to open the front door to let the other officers in, and then I went up stairs; and as I was going up stairs, I saw Ayscough's back, he had no shirt on; he was getting out at the staircase window; there was a woman there, and Mendham was setting himself down upon the tiles; Ayscough was going out headforemost, the woman ran away up higher; I had got hold of Ayscough by the leg, but being very heavy, I could not hold him; I halloaed to Armstrong to go to the front of the street; the tiles went down to the yard belonging to the public house; when I could hold Ayscough no longer, I let him drop: I went down and told Harper to go up stairs after the woman; I ran out into the street and followed Mendham; I saw him almost immediately on my getting out; I followed him and took him back to the house, he was about forty or fifty yards from the house; when I brought him back he wanted to go up stairs very bad; I looked particularly at his hands when I brought him back, and they were all grease and black, as if he had been at work; I delivered him up to Harper, and went to see if I could see any thing of Armstrong and the other man; I met him bringing him back; I then went into the cellar, and there was a press fixed, with a pair of does in it, and great deal of copper stamped and unstamped, and there were candles burning, and a curtain hanging up across the room facing the window; the dies were fixed in a press.

Q. Did the curtain prevent any person from seeing what was going forward? - A. Yes; the dies were extremely warm, and I desired Armstrong to feel them; I believe he did; and the oil was running down the press, (producing the dies); I have compared the dies, and they correspond exactly.

Court. Q. The head is that of the present King, and the Britannia is of the date 1748.

Q. Are you sure that Ayscough is the man you saw getting out at the window? - A. Yes; I saw his face after he got down from the tiles.

SAMUEL HARPER sworn.

I went with the other officers to this house; I went up stairs and apprehended the woman, her hands were black and dirty, and rather greasy, the same as the men's were, as if she had just come from work; I was in the cellar, and saw the dies and every thing there: Peach and the other officers searched the prisoners, I saw him take some halfpence from them.

WILLIAM PEACH sworn.

I went with the other officers and apprehended the prisoners; I searched Mendham and Ayscough; I found these halfpence on Mendham, (producing them), which correspond with the dies; when I took them from him, they felt greasy, and blacked my thumb and finger: upon Ayscough I found four halfpence, and another struck with a head and a blank on the other side, it is a different die; the men's hands were black and greasy.

Ayscough's defence. I called there to strip myself; I am assistant to the Dover coach; I was shaving myself at the time; the landlord of the house who made his escape, said, if you do not get out at the window, you will go to gaol; the woman of the house, Mrs. Clark, washed for me; when I came back to the house with Mr. Armstrong, they desired me to put my things on if I had any there; I took my shirt, and put that on; Mr. Peach took hold of my coat and waistcoat, and asked if they were mine, I made no answer, but put them on; the waistcoat was not mine, but through my fright I put it on; from thence they carried me to Worship-street.

Peach. He first refused to tell where his cloaths were, till he was told that if he did not, he would be handcuffed, and taken to the office naked as he was; I then went with him to the house, and they lay on a chair with his shirt, and he put them on.

Mendham's defence. I came from the whitehorse, Buckingham gate, to Mrs. Clark, to ask her if she knew where my brother lived, and this man told me, if I did not get out of the house, I should be committed to prison; I lived along with Mr. Bennet, in Westminster, he is a bankrupt now; I have left the White-horse to go to him about a twelvemonth, I never knew any thing at all about the work; as to the halfpence that were found upon me, I took them on the over-night.

Court. (To Peach.) Q. Did you see any other persons making their escape? - A. No; I was not backwards where they made their escape, Armstrong was.

Court. (To Armstrong.) Q. Were you in such a situation that you could see whether there were more persons in the house? - A. No.

Q. Could they have got out, and you not have seen them? - A. They might, the front way.

Court. (To Wray.) Q. Did you see any other persons in the house? - A. No.

Q. You saw no other person get out at the window? - A. No.

Jury. Q. Was there time, from the time of your getting in, for any other person to have got out? - A. No; I think not.

Court. (To Harper.) Q. Did you see any other person in the house? - A. No, only a woman.

Jury. Q. How long was it after your first knocking at the door that you entered by the window? - A. Some minutes.

Jones's defence. I am only a lodger in the house, I lodge at the top of the house; I am a widow with three fatherless children, I go out a chairing in general; I know nothing at all of the transactions in the house; I never go down but once a week to pay my rent; I am out sometimes five days out of six; I pay my rent to one Mrs Clark.

Ayscough, GUILTY . (Aged 28.)

Mendham, GUILTY. (Aged 30.)

Jones, GUILTY. (Aged 46.)

Imprisoned one year in Newgate , and fined 1s.

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

Reference Number: t17960914-87

544. BARNARD BARNARD , SOLOMON LEVI , and JOHN CANTER were indicted for coining, on the 4th of August , a piece of false money to the likeness of a halfpenny .

(The case was opened by Mr. Cullen.)

EDWARD SMITH sworn.

I am an officer; on Thursday the 4th of August, about twelve o'clock at night, I was in bed, and was called by my brother officer; I went with him to Cobb's-court, Petticoat-lane ; the officers were Robert Coomes , John and Thomas Griffiths , and John Nowland ; when we got to the court, about ten yards beyond the first door, there was another door, where I could perceive a light; facing that door, about fifteen or twenty yards from the house, at the back of the house there appeared to be a stable; the front of the house is in Petticoat-lane, we went in that way because we would not disturb them; there was a wall about twelve feet high, which I got over upon a shed, and there I

could perceive the light more distinctly; I there saw something move backwards and forwards, which afterwards I had no doubt was a fly and a press at work; there was a blanket hanging to prevent the light being seen, but I saw over the blanket; I then got down from the shed, opened the door, and let my brother officers in; I went strait forwards to the light, and saw three men, one at each end of the fly, and the other by the dies, he had just got up; I saw him get up, he had been sitting upon a stool, he was in his shirt sleeves, and one of the others, Canter, was in his shirt sleeves; there were a great number of blanks lay by him, as if he had been seeding the dies (that was Barnard) they put the candles out immediately, there were three burning, they put two out, and the other fell down, I picked it up; one of my brother officers had a dark-lanthorn, and when he turned the horn of the lanthorn, we had a light immediately; Barnard said, don't use us ill, gentlemen, we will go with you, you have caught us at work, we know the worst of it, it is only a twelvemonth and a day; we searched the place, and found a great quantity of blanks, and some struck halfpence that had just fell from the dies (producing a quantity of blanks;) I found this bag of blanks close to where Barnard was sitting; we then took the press down, it was fixed; Barnard said, they were very unfortunate to be caught so soon, it was only the second night; we then took the prisoners into custody, there were these ropes upon sticks, fixed at each end of the fly to pull it backwards and forwards with. (The press and dies produced, and a great quantity of halfpence found in and about the press.)

JOHN ARMSTRONG sworn.

Q. Look at these dies, and compare them with the halfpence, and see if they correspond? - A. I should believe they were struck from these dies, this press is very good for the purpose, this is called cecil, that the blanks are cut out from, this is a pot, that with a liquid these halfpence may be boiled in, in nets, which turns their colour, in short, it is a compleat set of implements for coining.

Q. (To Smith). Did you examine the hands of the prisoners? - A. No; after I had taken the press down in the out-house, I went to the dwelling-house, and there we found a cutting engine fixed on a stool.

Barnard. Q. You saw three candles? - A. I am almost positive there were three.

Q. In what manner did you see them burning? - A. I do not know exactly the situation of them, because they put them out as we got in.

Canter. Q. Was I not standing at the door when you put a pistol inside the blanket? - A. You were at the end of the fly.

Q. Did not you knock me down with a pistol? - A. No. I did not.

Q. How high is that wall, do you think you could get down such a wall without our hearing you? - A. There was some water kept running by the door.

Q. Did not you, as soon as you got in, make two of these halfpence? - A Yes, I tried two of them.

JOHN GRIFFITHS sworn.

I am an officer; I assisted in taking the prisoners, I took up a part of these halfpence, the prisoners hands were neither very dirty, nor very clean; the halfpence, when we picked them up, were very clean, and so were the blanks; when we went in, the candles were put out, Levy was at one end of the fly, and Canter at the other, and Barnard was pretty nigh the press, but I could not observe any thing that was going on.

Court. Q. Were all the candles put out? - A. There was one not quite out, and we picked it up.

Court. Q. How many candles were there? - A. I believe, there.

ROBERT COOMES sworn.

I am an officer; I assisted in taking the prisoners, I saw the press, there was no halfpenny between the dies, but when we were going to take it to pieces, this halfpenny (producing it) dropped from the press, the prisoners assisted us in taking it down.

Q. Did you observe the hands of the prisoners? - A. No; they washed their hands before we went away, and Levy put his coat on.

Q. (To Armstrong.) Look at that halfpenny, and tell us if it is counterfeit? - A. It is.

Q. Now compare it with the die, and with the other halfpence? - A. Yes; I should believe it was struck from the same dies.

Barnard's defence. I am innocent of this affair, that is all I have to say.

Canter's defence. I have nothing to say.

Levy's defence. I have nothing at all to say.

Barnard, GUILTY . (Aged 26.)

Canter, GUILTY. (Aged 22.)

Levy, GUILTY. (Aged 21.)

Barnard and Levy, imprisoned three months in Newgate , and fined 1s.

Canter imprisoned one year in Newgate , and fined 1s.

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

Reference Number: t17960914-88

545. JOSEPH CARTWRIGHT was indicted for feloniously stealing, on the 10th of July , a ham, 16lb. weight, value 12s. and a hempen bag, value 6d. the property of William Smith .

WILLIAM SMITH sworn.

I am a cheesemonger : I was out on the 10th of

July, I had no notice of the ham being lost till the day following.

RICHARD TIPPER sworn.

I am a constable: On Sunday the 10th of July, I stopped the prisoner with a ham in Woolpack-alley, Hounsditch, between the hours of eleven and twelve; I asked him what he had got there, he said he had got a ham; I asked him where he was going with it, he told me to Whitechapel; I asked him how he came by it, he told me he bought it in the Borough; I had my suspicions, and being Sunday, I stopped him and took him to the Compter; the ham was in the bag in the state it is now; I found out that he lived with Mr. Smith. (Produces the ham and bag).

Q. (To Smith). Can you identify that ham to be your's? - A. Yes; by the string put through the skin, which is a very uncommon method; this bag is also mine.

Q. Are all your hams, served so? - A. No; I have six more that are so, being the finest in the parcel.

Q. Did they come from the country in that way? - A. No; I ordered them to be strung to be hung up.

Q. Then all that are hung up in your shop are strung that way? - A. No; they are not.

Q. On the Monday did you miss any ham? - A. Yes; I missed one.

Q. Was there any mark upon the sack? - A. No; it was kept in the warehouse with a saddle in it, which was taken out by my son on the Sunday morning; the prisoner was my servant at the time; he was what we call a warehouseman .

Q. Had you missed any other property at any time? - A. I had missed property, but nothing that I could bring home.

Cross-examined by Mr. Gurney. Q. Did I understand you rightly, that you swear to that ham because it was strung? - A. I swear to that, because I had seven of them.

Q. Will you swear to the ham by the string? - A. I have no doubt it is mine.

Q. Will you swear to the ham by the string? - A. By that alone I will not swear.

Q. Can you tell us any other mark? - A. No.

Q. Is it not common to string hams in that way? - A. No; they are generally tied round.

Q. Now with respect to the bag; about that there is no mark whatever? - A. No; but I know the bag to be mine.

Q. This man has lived with you a great while? - A. About fourteen months.

Q. That bag is of no great value, I believe? - A. I value it at 6d.

Q. Should you think it an unpardonable crime for a servant to borrow one of your bags to carry any thing home? - A. Supposing he came honestly by it.

Q. A man might very honestly borrow a bag of that sort to carry any thing he might want to carry? - A. He might think so.

Q. Was there any body else in the shop? - A. Two men to serve in the shop.

Q. Are those two men here? - A. No.

Q. Then when you talk of one ham being missing, how can you swear, you being away, that a ham was not sold the preceding day? - A. I cannot swear what was done in my absence.

Court. Q. Who had the charge of the business after you were gone out on Saturday? - A. My son.

Q. You had two other servants besides him? - A. Yes.

Q. Were they all three at home on the Saturday? - A. On the Saturday they were all three at home.(The prisoner did not say any thing in his defence, but called two witnesses, who gave him a good character.)

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960914-89

546. THOMAS MILLER and MARTIN KEELING were indicted for feloniously stealing, on the 4th of August , two horse hides, value 20s. the property of Benjamin Watson and Thomas Hodges .

Second Count. Laying it to be the property of John Hepburn .

JAMES BROWN sworn.

I am servant to Mr. John Hepburn : I went down to Chester's quay about one o'clock, I was loading my waggon, when I saw Keeling run about half-way up the gateway with a bundle of hides; I holloaed to Robert Miller , a lighterman, and he went and brought back the prisoner Miller; I said, that was not the man that took the bundle; I went home with my load, and when I came back they had taken Keeling, and I said, that was the man; the two prisoners were together when I first saw them, they both had hold of it at first; they dropped it at the top of the gateway.

Q. How do you know who that bundle belonged to? - A. I am sure it was taken from those that I was loading; there were no other bundles on the quay at that time but what belonged to Mr. Hepburn; he is a tanner.

ROBERT MILLER sworn.

I am a porter on the quays: I act as merchant's agent; I sent my man to help Brown load Mr. Hepburn's waggon; I went to the Custom-house, and returned down Chester's quay gateway; I passed Keeling in the gateway; I had no suspicion of him, as I knew him before; Brown called to

me that a man had run away with a bundle of hides; I saw another man coming under the horse's belly, he ran by me very briskly; I pursued him and took him within ten yards of the gateway, that was Miller; I bid him find the bundle of hides; he found it under the horse, and I made him carry it to the place where it came from; Brown said, he was not the man that took the hides, it was a shorter man; I gave Green, the officer, charge of Miller, and described Keeling to him; Green sent me word between three and four o'clock, that he had got him; I took Brown with me, and he said he was sure he was the man; the hides were delivered to Green.

Q. Who are Benjamin Watson and Thomas Hodges? - A. Merchant-Taylors porters ; Mr. Hodges is infirm, I act for him; if property is lost they would be liable.

- GREEN sworn.

I am a constable: I took charge of the prisoner Miller, and a bundle of hides, I have kept them ever since; I afterwards took Keeling on Galley quay.(The hides were produced in Court, and deposed to by Robert Miller .)

Keeling's defence. I was coming up the gateway, I saw the waggon backing down; I took up this bundle, I thought the wheel would have gave over it; I put it on one side, and went and got some victuals, and went on the quay and walked about; a man called out, who would work at Galley quay; I said I would, and this man came up and said I was his prisoner; I said I would walk wherever he liked, and went to Mr. Miller's compting house, and he was not there; we went to an arehouse and staid half an hour; he fetched the waggoner in; he hardly saw me, and said I was the man.

Miller's defence. I came up the gateway to go and get my dinner, there was a cart coming down the gateway; I thought it would run over me, and I got under the cart: I am quite a stranger on the quays, I am a weaver.(Miller called Philip Today, who had known him fourteen years, and gave him a good character.)

Miller, NOT GUILTY .

Keeling, GUILTY . (Aged 30.)

Judgment respited to go for a soldier .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960914-90

547. JOHN HALL was indicted for feloniously stealing, on the 16th of July , a linen shirt, value 2s. 6d. the property of Joseph Neale .

JOSEPH NEALE sworn.

I am a linen-draper in the Minories : On Saturday, the 16th of July, between nine and ten o'clock in the evening, I came into my own shop, and was informed I had been robbed, I looked at the shirt, and said it belonged to me.

ELEANOR BURN sworn.

I was in Mr. Neale's shop, I heard a noise, I supposed it was breaking a sash, I went to the door and heard the cry of stop thief; I saw something white on the pavement, I picked it up, and knew it was our shirt by the private mark; it hung on a wire near the shop door; and the noise that I heard was dragging it off the wire.

THOMAS ROSE sworn.

I was passing by, and saw the prisoner take the shirt from the side of Mr. Neale's door; I immediately laid hold of him; he dropped the shirt, made a blow at me, and got off; I cried stop thief, I took hold of him again, and he knocked me down; three or four people got hold him; I said that is he, hold him fast; he got away from them, came up to me, and knocked me down again; then a soldier in the artillery knocked him down, and he was taken; I am sure he is the man, I never lost sight of him, except the time that he knocked me down.(The property was produced in Court, and deposed to by the prosecutor.)

Prisoner's defence. I leave it to the mercy of the Court.

GUILTY . (Aged 23.)

Confined twelve months in the House of Correction , Publickly whipped , and discharged.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960914-91

548. CATHERINE PETTIT was indicted for feloniously stealing, on the 29th of August , a pewter quart pot, value 12d. the property of William Grainger .

WILLIAM GRAINGER sworn.

I keep a public-house in Angel-alley, Moorfields : On Monday, the 29th of August, I took this pot and another to another room in the same house, where the prisoner lived; and when I went to fetch them there was but one; I went up stairs to ask her if she had taken it away, she said she had not; I came down and was informed she had it; I went up again and said the must have it; she said she had not; I opened a closet door, and found it in the cover of a an saucepan partly melted; I went to take it up, and it was so hot I was obliged to let it go again, it was just taken off the fire; I brought the tin and the pot down stairs; I sent for a constable and gave charge of her; the pot has my name upon it in two places. (It is produced in Court).

THOMAS WILKES sworn.

I am a constable: On Monday, the 29th of August, I was sent for to take charge of the prisoner; I found some pewter melted in the cupboard;

she begged I would not take her into custody, and she would make restitution for the pot.

Prisoner's defence. A woman came to see me, and sent for a pot of beer; when she was gone, there was some left, and I put it on to warm, it began to melt; I catched it off the fire, and put it in the tin in the cupboard, till I could raise money to replace it; I told him it was an accident, and begged he would not take me into custody, and I would make good the pot.

GUILTY . (Aged 45).

Confined two years in the House of Correction , and fined 1s.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960914-92

549. MARY MILLER was indicted for feloniously stealing, on the 4th of August , a cotton counterpane, value 10s. two linen shirts, value 5s. two linen shifts, value 5s. and a silver tea spoon, value 1s. the property of Charles Grey .

ELIZABETH GREY sworn.

My husband is a bricklayer , we live in East-Smithfield ; I have been sick these four months, the prisoner came to be a nurse to me; there was nobody else in the house but her; she left me between nine and ten o'clock at night without giving me any warning; and then I missed my things.

Prisoner. I wish to have the wages that she owes me.

Mrs. Grey. I owe her three shillings.

Three pawnbrokers produced the property, which was deposed to by the prosecutrix, but they could not identify the prisoner's person.

EDWARD SMITH sworn.

I apprehended the prisoner on Monday, the 23d of July; I told her I had a warrant against her, on suspicion of having stolen these goods; I asked her what she had done with them, she told me she had pawned them; and gave me the duplicates out of her pocket. (Produces them.)

Q. Did you make her any promise, or use any threat to induce her to confess? - A. Not the least in the world.(The prisoner did not say any thing in her defence.)

GUILTY . (Aged 38.)

Transported for seven years .

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

Reference Number: t17960914-93

550. THOMAS FLAXMAN was indicted for breaking and entering the dwelling-house of John Taylor , between eleven and twelve o'clock in the forenoon of the 1st of July . William Taylor , an infant, then being in the said dwelling house, and burglariously stealing a silk petticoat, value 7s. a dimity petticoat, value 8s. a cotton gown, value 7s. two linen sheets, value 6s. a silver table-spoon, value 9s. six silver tea-spoons, value 12s. a silver thimble with a steel top, value 14d. a gold sleeve button, value 10s. a pair of silver shoe clasps, value 2s. a silk purse, value 6d. twelve guineas, a half guinea, three half crowns, two shillings and six-pence and a silver three-pence, the property of the said John Taylor .

Second Count. Charging an assault upon Mary, the wife of the said John, putting her in fear, and taking from her person she said goods.

Third Count. For stealing the said goods in the dwelling-house, not charging the breaking and entering.

JOHN TAYLOR sworn.

I am a coachman , I live at the back of the Chelsea Bun-house , I am servant to Mr. Henry Wilson , in Sloane-street; I did not know any thing of the robbery; on the 1st of July, I lost the things mentioned in the indictment, (repeating them;) when the prisoner was taken, he said, he was in bed at the time the robbery was done.

Cross-examined by Mr. Knowlys. Q. You were not present at the time of the robbery? - A. No; I was at Bow church.

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

Q. They live next door to you? - A. Yes.

Q. I believe you can hear extremely well in your house, what passes in the other? - A. No; I don't think it can be possible, without any body was to call very loud.

Q. How soon did you see Mr. Rayson after your wife had told you of this robbery? - A. I don't know that I saw him till after I came from Bow-church.

Q. Whether you did not desire Rayson to swear Flaxman was like the man that committed the robbery, that he should be put on the back of the bill, and have a part of the reward-remember I shall call him? - A. No, I deny any thing like it.

Q. This happened in the course of Friday the 1st of July? - A. Yes.

Q. Did you go on the Friday evening to Mrs. Norman's, a public-house, near the prisoner's house? - A. Yes.

Q. With your wife? - A. Yes; the prisoner followed us in there; he stood at his own door when my wife and I went in.

Q. Where was it? - A. The Star and Garter in Sloane-street.

Q. How far is that from the prisoner's door? - A. There is only one house, I believe, parts it, one or two houses, not more.

Q. When you and your wife went in, the prisoner followed you in? - A. Yes.

Q. Did your wife or yourself at all tell him the story of the robbery? - A. The prisoner himself asked us of our assair, and how we got on, whether we had heard any thing of our loss, or something similar to that.

Q. Did you or your wife repeat to him an account of your loss, and how it happened? - A. I don't recollect that; he said it was a shocking thing for my wife, and asked her how she was after the fright; the was the first thing almost, he called her by her name, as if he had known her ever so long.

Q. It had been talked of in the neighbourhood? - A. Yes.

Q. Did you and your wife take him that evening? - A. No; not till the next day.

Q. You did not mention any suspicion of him that evening? - A. Not till after I came back from the public-house; I think I told Mr. Rayson we had seen the man that had robbed us, that we certainly did tell him.

Q. Now, as the prisoner lived so near to this public-house, what kind of a house did he keep? - A. He kept a chandler's-shop.

Q. When did you take him up upon this charge? - A. About half past four o'clock, I believe, in the afternoon, the next day, Saturday; I went in the morning to Mr. Bond's, at eleven o'clock, for his advice.

Q. Did you search his house? - A. The officer searched part of his house.

Q. Have you, from that hour to this, found any thing that was taken away at that time? - A. No, not a farthing; or any thing.

Q. He told you, when he was taken, that he was in bed at the time the robbery was committed? - A. Yes; he seemed to be in a great tremor, as any man might be upon such a charge, whether he was guilty or innocent; he was taking some money, and he threw it down with great violence.

Q. Did he not say, what do you mean by that, Mr. Taylor, do you mean to assert it was I that robbed you? - A. I cannot say; it might be something of that kind.

Q. And he told you he was in bed at the time? - A. Yes.

Q. Did you at all say any thing to Rayson to persuade him to swear that he was like the man? - A. I will tell you what I did say; the next day, Rayson said, your wife gave me every description of the man before I ever saw him; I said very likely, Mr. Rayson, if you can say that, it may be of service if you will go; and he said, I should not like to have any thing to do with it, because of my work, unless you subpoena me, and then I will come.

Q. Did you say nothing of this kind: I will pay you for your trouble; you shall be put upon the back of the bill, and you shall have thirty pounds for your trouble? - A. Nothing like it; I call God to witness, I told him I would not take him out of his business unless it was necessary.

Q. Did you never say to Rayson, that you would have your name put upon the back of the bill, and that you should have a reward of forty pounds, or something of that kind? - A. No; I said, if there was any reward, or any thing of that sort, so as to help my loss, that I had as much right to it as any other man.

MARY TAYLOR Sworn.

I am the wife of John Taylor : On Friday the first of July, between the hours of eleven and twelve, I went to fetch a pail of water; I might be gone the value of five or six, or seven minutes; when I returned again I moved the water that was on the fire, and put the water on the fire that I had fetched; I went up stairs to setch my cloaths; when I went up this Thomas Flaxman came from behind my chamber-door.

Q. Did you know him before? - A. I never saw him before with my eyes; I had left the door on the latch, not locked; I found it latched in the same condition as when I left it; when he came from behind the door he presented a pistol at my head, and asked me if I knew him? I told him no; he blasted my eyes, and told me if he thought I knew him he would blow my brains out; then he went to the drawers in my presence, and took out a pair of sheets, a cotton gown, and a green silk petticoat, and a white petticoat; he asked me for the key of my husband's box, I told him I had not got it; which supposing I had got it, he kicked me on the knee; then he took an iron out of his pocket and wrenched this box open; but mean while that he was wrenching it open, he asked me if I had got any money; I told him no, and asked him where he thought poor people, like us, could get money; with that he broke the box open, and the first thing that laid was half a guinea and two half crown pieces on the life of Christ; the next thing he took out was the book; the next thing was some coats and waistcoats; they were taken out, though they were not taken away, and a large damask table-cloth; the next thing was half a dozen of silver tea-spoons, and a large table-spoon, and a box of different kinds of coin, which contained a King William and Queen Mary's half crown, two new shillings and a sixpence, a silver three-pence, a silver thimble with a steel top, and a gold sleeve button, and a pair of silver clasps.

Q. Have you any family? - A. Yes; two children.

Q. Were they at home? - A. A little child of sixteen months old was in the house.

Q. And no other person? - A. No.

Q. Did you stand by and see all this done? - A. Yes.

Q. How came you to stand by? - A. Because I was in danger of my life.

Q. Could you see his countenance all that time? - A. Yes; I looked at him, and saw him as plain as I see your face; I can positively swear that the prisoner is the man; he took out a silk purse, containing twelve guineas; when he took out the purse he struck me twice on the head, and told me that was for the lies I had told him; I don't know what became of him after that.

Cross-examined by Mr. Knowlys. Q. I suppose you had the misfortune, upon this occasion, to lose all the money you had in the house? - A. Yes.

Q. All the gold certainly? - A. Certainly.

Q. You had no more gold that day, nor for some time? - A. Yes; I had for some time.

Q. But no more gold all that day? - A. No.

Q. That you are sure of? - A. Yes.

Q. Had you any gold the day after? - A. Yes.

Q. This happened about what time? - A. Between the hours of eleven and twelve; it might be twenty minutes to twelve, of thereabouts, I cannot say for a minute or two, it is so long ago.

Q. But the man was taken up the next day, you could recollect the time then? - A. Yes.

Q. Did you know Mr. and Mrs. Rayson? - A. Yes.

Q. This man struck you twice? - A. Yes; two blows on the knee, and kicked me.

Q. Was this chamber where you were robbed in the front or back part of your house? - A. There are only two rooms in the house, one below and the other above.

Q. Was your window open? - A. I cannot say.

Q. Recollect? - A. I cannot; it was open after the robbery was done.

Q. Who opened it after the robbery was done? - A. He might open it; I can't say.

Q. Do you not know whether it was open at the time of the robbery or not? - A. I cannot say.

Q. How long after this was it that you told your loss to Mrs. Rayson? - A. I cannot say.

Q. Did you wait an hour before you made any alarm? - A. I could not till I became sensible.

Q. Do you suppose you remained insensible above an hour? - A. Yes.

Q. Are you sure this is the man? - A. Yes; I am positive of it.

Q. You were not alarmed? - A. Certainly I was.

Q. But you kept looking at him all the time? - A. When I was in danger of my life, I had an undoubted right to look at him; I looked at him all the time he was in the room.

Q. I take it for granted, you have described him to Mrs. Rayson? - A. Yes.

Q. I shall call Mrs. Rayson, and therefore beg you will attend to what I say: Upon your oath, did you not say the man was pitted with the small pox? - A. I did not.

Q. You will swear that? - A. Yes; that I will.

Q. Did you make any alarm at all, cry out thieves, or any thing of that sort? - A. No.

Q. Do you know whether there was a man in your back garden or not? - A. I do not know.

Q. Mrs. Rayson was hanging out her linen, when you found her by your door? - A. She was out of doors when I called to her.

Q. Do you know a person of the name of Gill, a soldier? - A. Yes; I do.

Q. What kind of man is he? - A. He does not at all answer the description of this prisoner.

Q. Now upon your oath, did you not tell Mrs. Rayson, at the very instant when you acquainted her with it, that he was as like Gill, the soldier, as ever he could stare? - A. Begging your pardon, I did not; I told her this man Flaxman had got on long whiskers like him, but not his face like him; how could he be like him; when his face is not like him.

Q. Did you not say to Mrs. Rayson, if it was not Gill, it was certainly somebody employed by him? - A. I certainly did not say so, I will be upon my oath.

Q. Did not Mrs. Rayson tell you that she thought Gill, the soldier, had been gone away? - A. I don't recollect such a thing.

Q. Now did not you tell her something of this sort-Why, no, he is not gone away, a nasty fellow, he followed me from the College along the lane last Monday, and said he wanted to speak to me? - A. No; this soldier was lame in the hospital, and be used to look out at the window to Mrs. Rayson and I; and ask us what was o'clock; this man was out of the hospital one day, and spoke to her as well as to me; I was coming along from the brew-house with a barrow of grains; and he said Mrs. Taylor, I have not seen you a long while; and that was all that passed. I did not say a nasty fellow; he only followed me and said, Mrs. Taylor I have not seen you along while.

Q. You told Mrs. Rayson that? - A. Yes.

Q. And that white you were talking about the robbery? - A. No.

Q. How came Gill's name brought up about the robbery? - A. Because there had been so many false reports about this man Gill.

Q. What reports? - A. Don't you disturb me too much; speak in a proper manner; if you are a gentleman, behave like a gentleman.

Court. Keep your temper, woman, and I will take care no improper question shall be put.

Q. Were there any false reports about Gill, at the time of the robbery? - A. No.

Q. How came you to talk about Gill then? - A. We were coming from Bow-street on the Friday night.

Q. But I am speaking of the Friday morning soon after the robbery? - A. I could not tell her about the robbery before it was done; it was not done the Friday morning.

Court. Q. Did you tell Mrs. Rayson that before or after you told her of the robbery? - A. It was after that; I never mentioned his name till night.

Q. Besides Mrs. Rayson being here, there were some people about, I believe, in the fields? - A. Yes; two men.

Q. And you gave no alarm to them? - A. I did not know they were there till she told me.

Q. I believe, on the Friday evening, you went to Mrs. Norman's, the public house? - A. Yes.

Q. What time in the evening? - A. Between ten and eleven, it must be, or thereabouts.

Q. That is within two doors, I believe, of the prisoner's house? - A. I believe it is.

Q. Did you see him there on the Friday evening? - A. He followed me in.

Q. Did you pitch upon him then as the man? - A. Yes; I did.

Q. To whom did you say he was the man then? - A. I told my husband he was the man, when he came out.

Q. Did you tell any body else he was the man? - A. Not that night.

Q. Did he sit long in conversation with you? - A. No great while.

Q. How long do you think? - A. It might be ten minutes or so.

Q. Did you talk about the robbery at all? - A. Yes; he asked me about it.

Q. Did he ask you if you suspected any body? - A. I told him, yes; he asked if I could swear to the man; and I told him, yes, among a thousand.

Q. Did you go away first, or he? - A. He went first.

Q. How long? - A. No great while; we were not long in the house.

Q. Perhaps there was not above a minute difference between his going and your's? - A. I cannot say exactly.

Q. You knew where he lived then? - A. No; I did not.

Q. As he went away before you, had you the curiosity to ask any body in the house where' he lived? - A. No; I did not ask any one foul.

Q. And you had at that time made up your mind that he was the man? - A. Yes.

MARY RAYSON sworn.

I live in the house adjoining Mrs. Taylor; my husband works at stone work, On the 1st of July, about ten minutes before one o'clock, Mrs. Taylor called to me, and asked me if I had seen a man go out with a bundle; I told her I had not.

Q. Had you seen the prisoner about the house? - A. No. I never saw him till I saw him at Bow-street, to the best of my knowledge.

Cross-examined by Mr. Knowlys. Q. You live next door to Mrs. Taylor? - A. Yes; there are only two house in the place; I can hear them speak, but not distinguish what is said; I had been washing the day before this, and was watching my things that I had hung out to dry.

Q. Did you see any body go in or out of Mrs. Taylor's house? - A. No.

Q. Did you hear any alarm or any bustle during that time? - A. No; I never heard any thing of that kind.

Q. When Mrs. Taylor told you how she had been robbed, did she give any description of the person that had robbed her? - A. Yes; before I went up stairs, I asked Mrs. Taylor if she thought she should know the man; she said, you know Gill, I said, yes; says she, it was as like him as ever he could stare, if it was not him, it is very likely some body employed by him.

ANN MACDONALD sworn.

Q. How old are you? - A. Twelve years of age.

Q. Did you ever take an oath? - A. Yes, at Hickes's-hall.

Q. What will be the consequence if you say that which is false? - A. I shall be burnt with brimstone and fire. (She is sworn).

I went to take Mrs. Taylor's little boy home from school, the day the robbery was done, I knocked at the door, and nobody answered, I called Mrs. Taylor.

Q. What time of the day was it? - A. It might be half an hour after twelve; I called Mrs. Taylor, and she made no answer, I went to the window, and listed up the sash, and called Mrs. Taylor, nobody made any answer; I looked in, and saw Mrs. Taylor supporting her head with her hand, leaning upon the bureau; I called to her, and she made no answer, but turned round, and gave her head a shake; I lest the child at the door, and went and told my mother.

THOMAS TING sworn.

I am an officer belonging to Bow-street; I searched the prisoner's house, but found nothing; another officer, John Ting , was with me.

Mr. Knowlys. Q. You apprehonded him in his own shop, doing business there, did not you? - A. Yes; he keeps a chandler's shop.

JOHN TING sworn.

I am an officer belonging to Bow-street, I assisted in apprehending the prisoner in his shop, we found nothing.

Mrs. Taylor. These two runners came to take

this man, they are father and son; they went into the shop, we told them to do justice, and they went to his shop under pretence of buying some tobacco, he weighed it, and they took him; I told them he was the man, and they searched his kitchen and and shop, and the little back yard, and the place backwards; I asked them if we were not to go up stairs, they said, no, the warrant was only to search his apartments; as to what Mrs. Rayson has said, it is as false as God is true.

Court. Gentlemen of the Jury, that this woman has been robbed and cruelly treated, I have no doubt at all; and that she thinks she is swearing true, I verily believe; but you see she stands as a witness who was very much alarmed, and who, therefore, may be subject to error and mistake; every thing, you see, depends upon her testimony here, she is the only witness who identifies the man, there is not a single circumstance to affect him besides, on the contrary, the man, the very evening of the robbery, goes into the house of Mrs. Norman, where this woman is, talks to that very woman who had been so very ill-treated by him, and only mentions her suspicion to her husband after she got out of the house; and she is contradicted by Mrs. Rayson, as to this Gill the soldier, and by the conduct of the man, who must have been the most audacious villain upon earth, to thrust himself in up on her company in the most unconcerned way, and kept his conversation, and this very man stands his ground, and when the Bow-street officers go to take him, makes no attempt to escape; and, therefore, unless you have any doubts, I don't think it necessary to call upon the man for his defence, and, in case of real doubt, a Jury always inclines to the side of mercy.(The Jury consulted, and expressed a wish that the trial might go on).

Mr. Knowlys. (To Mrs. Rayson.) Q. You say, this woman told you he was as like Gill, the soldier, as ever he could stare; and that was before you went up stairs to see the condition in which the house was? - A. Yes

Q. Did she ever describe the person of the man who had robbed her, any farther, by any marks of the face? - A. She said, he was of a yellow complexion, that he had a very short, black, stubby beard, long whiskers, and that his hair was cut short.

Q. Did she describe whether the man was marked with the small-pox? - A. I don't recollect that she did.

Q. From the view you had of the house, do you think any man could have gone in and out of that house without your perceiving him, between twelve and one that day? - A. Not forwards, for we were at dinner, and the door was open all the time.

Q. You think you must have seen him if he had? - A. Yes, I am sure of it.

Q. You say she said, if it was not Gill it was some body he employed? - A. I said to Mrs. Taylor, I thought he was gone; he had been in the York hospital, but I thought he was gone; the window of the hospital looks into our yard; Mrs. Taylor made answer and said, no, he is not gone, a nasty fellow; the last time I went to the brew-house, he followed me from the College up into our lane; she said, he was determined to make her speak to him; she said, she was not ashamed to speak to him in the hospital, but in the street the did not like to speak to a soldier.

Q. Is the person of Gill at all like the person of Flaxman? - A. No; he is a fatter man than the prisoner at the bar.

Q. Did he wear his hair cut in that way? - A. I cannot say justly.

Q. Did he ever use to be out of soldier's cloaths? - A. I never saw him out of soldier's cloaths; but I did hear that he had bought coloured cloaths with some money that he had got.

Court. Q. Is he at all like that man? - A. I cannot say; there were some men at work in a field behind the house.

Court. If the Jury are not satisfied, I will call upon the man for his defence; but this woman was in a fright, and there is no one circumstance to affect him except that of her single testimony, contradicted as it has been by this woman, who you observe is also a witness for the Crown.

Jury. (To Mrs. Rayson.) Q. Did you ever know the prisoner before this time? - A. I never saw him that I know of till I saw him at Bow-street.

Jury. My Lord, the gentlemen leem to be in doubt, and wish to go on with the trial.

For the Prisoner.

JOHN FIDGE sworn.

Examined by Mr. Knowlys. I am a gardener.

Q. Do you recollect the day that Mrs. Taylor said she was robbed? - A. On the first of July last; I was on a piece of garden ground adjoining to Mrs. Taylors's house at the time.

Q. At the back of the house or the front of it? - A. At the back of it.

Q. Were you at work there between the hours of eleven and one? - A. I cannot swear that.

Q. How long were you at work there? - A. Nearly an hour.

Q. What time of the day? - A. I cannot be positive; but to the best of my knowledge it was near twelve when I went into the ground.

Q. If any body had gone in or out of Mrs.

Taylor's back door, must you have seen them? - A. I cannot tell; I was stooping down all the while.

Q. Were you near enough to hear if there was any noise in the house, or breaking of any thing? - A. I was within fifty yards of the house.

MARK FRICKER sworn.

I live in Sloane-street, Chelsea: About nine inches from Mr. Flaxman's house, that is the thickness of the wall between the two houses; I am a glazier.

Q. Do you recollect the day that Mrs. Taylor was said to be robbed? - A. Yes; I do very well.

Q. You have the command of the view of the prisoner's front door? - A. Certainly I have.

Q. Do you know the prisoner well? - A. Yes; I have known him seven or eight months.

Q. Do you think if he had gone out of the house at any time, between the hours of eleven and one, that you must have perceived it? - A. I think I must; I was in the shop all the time; I might be up stairs, or down stairs a minute or two.

Q. What character does he bear in the neighbourhood? - A. I never heard any thing but a good character of the man; he has not business enough in his shop to employ his wife and himself, and he some times go out to work at gardening.

Q. As you are a near neighbour to the prisoner, did you observe any particular difference of dress that day? - A. I never saw him but in one dress.

Q. Did he shew the same, or was there any thing particular about him? - A. Yes; always the same.

ANN ROBINSON sworn.

I live at the Bedford Arms: I was at the back of the prisoner's house on the day of the robbery, I was scowering pots all day close to the back door, about eight or nine yards from the prisoner's back door.

Q. Could the prisoner have come out at his back door between eleven and one that day without your observing him? - A. He could not without my seeing him.

Q. Is the prisoner at all altered in the mode of dressing his hair than at that time? - A. Not at all; only in his cloaths, he has not his working dress on.

Prosecutor. I used to be always at the Bedford Arms, and I never knew her scower her pots out of doors in my life, but in the wash-house; and whenever beer was wanted, or any thing of that kind, she was always called away; and if she did it that day, it was the first time for six months.

Mr. Knowlys. (To Robinson). Q. Upon your oath, were you outside the door, and within view of the prisoner's back door all that day? - A. I always scower my pots close to the back door, and so that nobody could get over that wall without my knowledge.

HENRY WILSON sworn.

I am a hachney-man, master to the prosecutor of this indictment.

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

Q. Were you at Mrs. Norman's the evening before Mrs. Taylor was robbed? - A. On the 30th of June in the evening, I was at Mrs. Norman's, where I board and live, and had a sew friends there that evening.

Q. Do you know how late the prisoner staid there that evening? - A. I was up with him till between twelve and one, and then I went to bed and left him with another man, drinking either brandy and water or rum and water; he was then a good deal in liquor, and I left him going on.

Q. Were you afterwards at Mrs. Norman's the evening Taylor and his wife came the next day, the day of the robbery? - A. I don't recollect that I was; on Friday between five and six in the afternoon, I saw Flaxman washing his face in the yard, and he said.

Mr. Knowlys. Q. I must not hear that, I am afraid; I would ask you how long you have known this man? - A. Between two and three years; be bears a very good character, I never heard any thing amiss of him.

JAMES DARK sworn.

Q. I believe you are a watchman in Sloane-square? - A. Yes.

Q. Do you know Flaxman? - A. Very well.

Q. Did you hear of this robbery being committed? - A. Yes.

Q. In the course of the night before did you see Flaxman? - A. Yes; I saw him about one in the morning by his own door; he was very drunk indeed.

Q. Did you help him in at his door? - A. I helped him up the steps; he was very much in liquor indeed.

Q. What character does the man bear in his neighbourhood, as long as you have known him? - A. I have known him about three years; I never heard anything against his character.

HANNAH WARD sworn.

Q. Do you recollect the day when Mrs. Taylor's house was said to be robbed? - A. Yes; it was on a Friday; I sent my child to Mrs. Flaxman's, about half an hour after eleven, as high as I can guess.

Q. Does your child say her catechism? - A. Yes.

Q. How old is she? - A. Ten years.

Jury. Did your child go to school that morning? - A. No.

Mr. Knowlys. Is she a child of good understanding for those years? - A. Yes.

MARY WARD called.

Q. Do you know your catechism? - A. Yes.

Q. Do you know the nature of an oath? - A. Yes.

Q. What will become of you, if you tell a false hood? - A. I shall go to brimstone and fire. (She is sworn).

Q. Do you know Mr. Flaxman? - A. Yes.

Q. Does he live near your house? - A. Near two miles off, now my mother is removed.

Q. How near did he live to you sometime back? - A. We had only to go down Sloane street to get to his house.

Q. Do you recollect going to his house? - A. Yes; on a Friday.

Q. Do you recollect what time of the day? - A. It was about half past eleven when I set out from my mother's.

Q. What did you go for to Mr. Flaxman's house? - A. Some butter, some cheese, and some soap; and a hat of my father's.

Q. Was Mr. Flaxman at home when you went there? - A. Yes; up stairs in bed.

Q. How do you know he was in bed? - A. Because Mrs. Flaxman called to him for a hat of my father's.

Q. Do you know Mr. Flaxman's voice when you hear him speak? - A. Yes.

Q. And Mrs. Flaxman called up stairs for your father's hat? - A. Yes.

Q. How did you know he was in bed? - A. Because Mrs. Flaxman called him a nasty beast, and a nasty drunken wretch.

Q. Did you hear him make any answer? - A. Yes; he said the hat is up here, come and fetch it.

Q. How long did you stay there? - A. I was in two or three minutes before my daddy came in, and my daddy came in at twelve o'clock.

Court. Q. How came you to go for the hat? - A. Because Mr. Flaxman came without one, and borrowed my father's to go home in; my daddy wanted his hat, and my mammy wanted some butter.

Jury. Q. Did you hear how far he had come without a hat? - A. He had been with a tub of butter, and left it at his mother's.

SAMUEL KETTLE sworn.

I live in Foster-lane, Cheapside; I am a cheesemonger, wholesale and retail; I have known Flaxman near two years; he as draft with me nearly that time; he keeps a small chandler's shop.

Q. During the time you have known him, what is his character? - A. He bore a general good charecter, as far as I have heard of him.

JOHN FISHER sworn.

I am a grocer, in James-street, Covent garden: I have known Flaxman above three years; his general character is very good.

THOMAS BIRKS sworn.

I am a fallow chandler, at Knightsbridge: I have known Flaxman two years and a half; he has dealt with me, I never heard any thin; amiss of him; he always paid me very honestly and justly.

Q. Does he bear a good character in his neighbourhood? - A. Yes; on Thursday, the 30th of June, he brought to our shop a tub of kitchen stuff, and he desired to leave his tub and his hat, because it was a very greasy one.

THOMAS WILLETT sworn.

I live in Oxford-street: I am in the oil and colour way; I have known Flaxman between two and three years; I never heard any thing bad of him in my life; he deals with me, I serve him with any credit that is reasonable for his situation.

Mr. Knowlys. I have a vast number of witnesses to his character, but I will not trouble the Court with any more.

NOT GUILTY .

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

Reference Number: t17960914-94

55l. MICHAEL CHRISTAL was indicted for feloniously stealing, on the 6th of July , a piece of linen cloth, containing 25 yards, value 3l. 8s. the property of Richard Conyers .

WILLIAM LIGHT sworn.

I am servant to Mr. Richard Conyers, wholesale linen-draper : On Wednesday, the 6th of July, the prisoner came to Mr. Conyers' warehouse, No. 10, Lothbury ; Mr. Conyers was out at the time; I was the only person in town; the prisoner said he wanted a piece of cloth for a Mr. Glanholm, at the India-house; I shewed him seven pieces, out of which he chose one, at 2s. 9d. a yard, containing 25 yards; he took the cloth with him, and went to the India-house; I went with him; when we got to the India-house, I went with him; when we got to the India-house, he took the cloth, and desired me to wait at the door while he went to Mr. Glanholm's office, and in the space of a few minutes, he would bring me the money; I waited two hours, and he did not come back.

Q. Did you give him the cloth? - A. Yes; I went to the clerk of the India-house, who keeps the names of all the persons employed in the India-house, and asked him for Mr. Glanholm's office; he said there was no such person in the India-house.

Q. You could find no such person? - A. No; in the afternoon I found the prisoner had a place in the India-warehouses; I went the next day, and heard that he had not been seen there for a month; the next day I was sent for to Mr. Starey's, a linen-draper, in the Poultry; I there found the

prisoner; I sent for a constable, and had him taken up.

Q. Are you sure that he is the man that came to you, and carried you to the India-house? - A. Yes; he said he would go to the India-house, and get the money.

Q. Have you never seen the goods again? - A. No.

Q. What might be the value of the piece? - A. three pounds eight shillings and ninepence.

Q. How long might this man be in your company when you made the bargain, and went to the India-house? - A. About a quarter of an hour or twenty minutes.

Q. You have no donbt of his person? - A. No.

BENJAMIN STAREY sworn.

I am a wholesale linen-draper.

Q. Was the prisoner taken up at your house? - A. Yes; on Wednesday the 13th of July, between nine and ten in the morning, he came for a piece of cloth for Mr. Glanholm.

Q. You suspected him, and detained him? - A. Yes.

Q. Did you send for Mr. Light? - A. Yes.

Q. Did light charge him with any thing? - A. With having defrauded him of a piece of cloth the Wednesday before.

FRANCIS ARNAUD sworn.

I am a constable, I belong to the ward; Mr. Starey sent for me to take charge of the prisoner.

Q. The charge was made by Light, in the presence of the prisoner? - A. Yes; that he had been to Mr. Conyers, and stole a piece of cloth.

Prisoner's defence. I went to Mr. Conyers, and told him I had an order for a piece of linen; Mr. Conyers was not at home, Mrs. Conyers came, and said, if I came in half an hour, the young man would be in; I wanted a piece of linen for a gentleman in the India-House; he looked out a piece, and went with me to the India-House; I went into the long room, he had not done his business, and in half an hour we came to look for the young man, and he was not there; Mr. Glanholm said, he would pay me, if I could give change for a 10l. note; I said, I could not; he said, if he could get change he would pay me; I went to see for him next day, and he was not there; he got a letter that his father was dead in Ireland, he went away, and I have never seen him since; I told him, when he took me prisoner, if he would go with me, they would be paid for their goods, they would not go with me; I never wronged any body.

Q. (To Light.) Did you ever know this man before? - A. I have seen him.

Q. Have you ever done business with him before? - A. No.

Q. Did you make every enquiry after Mr. Glanholm? - A. Yes.(The prisoner called one witness, who had known him nine years, and gave him a good character).

GUILTY . (Aged 36.)

Confined twelve months in the House of Correction , and fined 1s.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960914-95

552. HENRY BATTEN , and EDMUND OLDRIDGE were indicted, the first, for feloniously stealing, on the 14th of July , thirty pounds weight of hay, value 15d. the property of William Allen and Ann Hopcraft , and the other for receiving the same, knowing it to be stolen .

WILLIAM ALLEN sworn.

I live in Tabernacle-walk , I lost some hay from the hay-loft, in our stable-yard, on the 14th of July, about half past six o'clock in the morning; I saw the prisoner Batten go out of the yard with it, it might be thirty pounds of hay in the cart; he was my servant, he drove a team for me.

Q. Had he any authority to take any quantity out that morning? - A. He was allowed to take a certain quantity out for the horses to eat in the course of the day; I followed him from thence into Holborn, and saw him take the hay from the cart, and lay it down at Oldridge's door; he might stop there from eight to ten minutes; he left the hay there, and then came out and went to the team again, and was going about his business with the team to the other end of the town; I let him go about 100 yards, and then stopped the team, and asked him why he brought the hay to that place, he told me it was a bundle of mouldy stuff that, the horses would not eat; I told him it was such hay that we had given 3s. a truss for, and I procured an officer, and gave charge of him.

Q. What was the quantity allowed? - A. It was about three times the quantity allowed; he took two bundles, and when he had put one bundle down at Oldridge's, he left the other in the cart; when I came back to Oldridge's door, the hay was gone.

Cross-examined by Mr. Knowlys. Q. Did you see the man leave the hay? - A. Yes.

Q. A small quantity, about the value of 1s. 3d.? - A. Thereabouts.

Q. Do you know that the prisoner Oldridge keeps a horse and cart to assist people in removing goods? - A. Yes.

Q. Was it not very natural for such a person to buy a small quantity of hay? - A. It night.

RICHARD ALLEN sworn.

I am journeyman to my brother William Allen ; On the 14th of July, I saw the prisoner Batten take the hay out of my brother's lay lose

it into the cart, and take it to Oldridge's door; there were two parcels of it, he left one parcel at Oldridge's door, and we got a constable and gave charge of him; he said, it was little parcel that the horses would not eat; I went on with the team to where it was going.

Q. Did you keep him in sight all the way to Oldridge's? - A. Yes.

SAMUEL HAMILTON sworn.

I am an officer belonging to Great Marlborough-street, I took the prisoner Oldridge into custody; I went to his house and told him the charge against him on the 14th of July, between eleven and twelve, the prosecutor was with me; after I had told him the charge, it was the wish of the prosecutor to look round the stable, he consented to it; the stable was a considerable distance from the house, eight or nine hundred yards the other side of the street; Oldridge went with us, and shewed us some hay that had been brought to the house that morning, and he said sixteen pence had been given for it; part of it had been eat, but the part that remained the prosecutor said he knew, I took it away, and have part of it here. (Produces it).

Cross-examined by Mr. Knowlys. Q. Immediately where it was? - A. Yes.

Q. The man that kept the horse and cart? - A. Yes.

Q. Did not he say that his wife had given sixteen pence for it? - A. He did.

Q. Did he say he was at home at the time? - A. I think he said he was out. She acknowledged she had bought it; in the presence of Oldridge she said she bought it of a carter that morning.

Q. Did she appear to know who it was? - A. No.

Batten's defence. I often put down hay in that cart in Holborn, and call for it again.

Oldridge was not put on his defence.

Oldridge NOT GUILTY .

Batten, GUILTY . (Aged 57.) Confined two years in the House of Correction , and fined 1s.

Tried by the first Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960914-96

553. HENRY BATTEN and EDMUND OLDRIDGE were again indicted, the first for feloniously stealing, on the 13th of July , thirty pounds weight of clover feed, value 18d. the property of William Allen and Ann Hopcraft ; and the other for receiving the same knowing it to have been stolen .

WILLIAM ALLEN sworn.

In consequence of a suspicion, I employed my brother, on the morning of the 13th of July, to watch the prisoner, and follow the cart.

RICHARD ALLEN sworn.

I am brother to the last witness: On the 13th of July, a little after seven in the morning, I saw the prisoner Batten take some clover out of the lost, and take it away; I followed him up to Oldridge's, and saw him lay it down at Oldridge's door; he went into Oldridge's house, and stopped about a quarter of an hour, and then drove the team away, leaving the clover against the door; and in about a quarter of an hour, I saw Oldridge take it away himself upon his back; and upon that, I went about my business.

Cross-examined by Mr. Knowlys. Q. Do you mean to say that this is clover? - A. This year's hay mixed.

Q. How came you to call it hay? - A. It is clover like.

Q. But we want clover, not clover like; is it here? - A. No; he carried it away to the stable, and it was never found after.

Q. How much was there? - A. Half a truss of clover.

Q. Do you mean to say there was actually half a truss of clover unmixed with hay? - A. Yes.

Q. Was not it tares? - A. No.

Q. Will you swear there was more than a shillingsworth? - A. I don't know the value of it.

Q. Was it green or dry? - A. It was dry, but this year's clover.

Q. As you do not know the value of it, you, perhaps, do not know that it was clover? - A. I know clover from hay.

Q. You saw Oldridge take it upon his back? - A. Yes; he went off with it to the stable.

Q. How came you not to stop Oldridge when you saw him with this clover? - A. Because I was ordered not; I was ordered by my brother only to see where it went to.

Court. (To the Prosecutor.) Q. Did you see the clover at all? - A. No; only from what my brother had told me.

Q. Did you search the stable for the clover? - A. No.

Q. You do not know that the clover was worth more than ten-pence? - A. If it was half a truss it was worth ten-pence.

Q. But you do not know that it was? - A. No.

Batten's defence. I carried some hay to my work that day to the Gravel pits for my horses; I did not take out any clover that day at all, nor for a great many days after.

Batten, GUILTY . (Aged 57.) Oldridge, NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960914-97

554. THOMAS BAND and JOHN BAND were indicted for feloniously stealing, on the 18th of August , thirteen pieces of deal board, value 3s. the property of Thomas Farnsworth .

THOMAS FARNSWORTH sworn.

I am a bricklayer : On the 18th of August, I saw the prisoner John give Thomas some ends of boards at my house in Church-lane ; John had been my servant about five months; I saw Thomas go out of the house up Church-lane, I followed him and brought him back, he had got about two hundred feet from my house, I sent for an officer; he said he had them from my house, and begged for mercy; and then we went and took the other.

Q. Had you ordered him to carry them out? - A. I had not. There was nothing on the premises but what was my property.

JOHN NOWLAND sworn.

(Produces thirteen boards). I searched the prisoner's lodgings, and found ten of these boards; and the other three I found at Mr. Farnsworth's building.

Farnsworth. The six boards that I took from him were carried back to the premises; and before I took up John he had worked up three of them. They were loose boards that had not been fixed to the building.

John Band's defence. I know nothing at all of it.

Thomas Band's defence. I had purchased these boards, as well as others, in Gravel-lane. I went towards Rosemary-lane, and stopped at Mr. Farnsworth's to look for my brother, I did not see him there, and I took the boards up again; Mr. Farnsworth stopped me, and made me a prisoner in his own house, till such time as he fetched one of the Police officers, vulgarly called runners; he promised he would not hurt me provided I would give up the key of my place to him. My brother has got a wife and five helpless children, he does not know any thing at all about it; for God's sake, Gentlemen, if there is any guilt in the business let it fall upon me, and not destroy an innocent family.

Thomas Band , GUILTY . (Aged 47.) Confined six months in the House of Correction , John Brand , GUILTY. (Aged 44.) Confined twelve months in the House of Correction .

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960914-98

555. CHARLES EDLIN , WILLIAM HILL , and ALEXANDER M'COUREST , were indicted for feloniously stealing, on the 24th of July , 48l. 16s. 2 1/2d. the property of William Craighead , and Sampson Hanbury , in the dwelling-house of the said William Craighead .

It appeared that the money was contained in a club box which had been broke open; but the principal evidence against the prisoners being that of an accomplice, the Jury found them.

NOT GUILTY .

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

Reference Number: t17960914-99

556. EDWARD HARRIS was indicted for feloniously stealing, on the 19th of July , seven chaldrons of coals, value 10l. the property of William Pearson , in a barge upon the navigable river .

(The case was opened by Mr. Knapp.)

WILLIAM PEARSON sworn.

Examined by Mr. Knapp. I am a coal-merchant ; On the 18th of July, about nine o'clock at night, I made my barge fast to Mr. Lum's craft, at his wharf, Standgate, Lambeth , there were seven chaldrons of coals in it at the stern and together, except six or seven bushels of great coals, which, for fear the barge should be robbed I put at the bottom at the other end; I came down to the water-side the next morning about seven or eight o'clock, the barge was gone and the coals too; I then went to look for the barge, and found her athwart a lighter adrift near King's Arms stairs, about half a mile nearer Blackfriars-bridge, from where she was fastened the night before; when the tide turned I fetched the lighter away; the round coals at the bottom of the fore-room were gone, all but about a hat full; about six bushels were gone, the other coals were in the barge.

Q. When did you see the prisoner? - A. Not till, the next morning at the Magistrate's.

Cross-examined by Mr. Ally. Q. Are you a light erman? - A. Yes.

Q. At nine o'clock in the evening you left this barge fastened at Lambeth? - A. Yes.

Q. Is not that in the county of Surry? - A. Yes; but the barge was found in the county of Middlesex, lying about the middle of the river rather nearer the Surry shore.

Q. Then that is in the county of Surry also? - A. Yes.

Q. Does it not often happen that barges break from their mornings? - A. It is impossible that she could, because there is not any tide nor mud there to strain the ropes; nor could she drive right over the water, where she was found.

Court. Q. You found her on the same side of the river that you fastened her? - A. Yes.

Mr. Alley. Q. Do you mean to say there is no tide where you left the barge? - A. No.

Q. By what means did you get the barge to the wharf then, if the tide did not run with it? - A. There is a wharf above it, that stops it in the stood; and the wharf below stops it in the ebb.

Q. Would not the mere force of the water carry away the barge if the was not fastened? - A. She might drive, but the could not be carried right over the water; the ropes were cast off, I am sure of it; the headfast was run over, and the sternfast too; the sternfast was run round a pole, and the headfast round the bits of a barge; she was what we call moored fore and aft; she could not swing.

Q. Suppose your barge was moored to another person's barge, as frequently happens, might not the proprietor of that other barge unfasten it? - A. The man that belongs to the other barge that my barge was moored to, knows me very well, and would not have done any such thing, besides his barge was there in the morning.

Q. You missed but six bushels? - A. Yes.

Q. They are not worth forty shillings? - A. No.

Mr. Knapp. Q. Was this barge moored with as much safety as it could possibly be moored? - A. Yes.

Q. If I understand you right the barge had been moored half a mile with all the other coals? - A. Yes; the barge had been carried almost to the Westminster side with all their coals.

JOHN-BOSCUTT sworn.

Examined by Mr. Knapp. I am a lighterman: I know the prisoner, I saw him upon the river on the 19th of July, just off Westminster-hall; the barge was more of the Westminster side than the officer.

Q. You know the mid-stream; was it between the mid-stream and the Westminster side, or in are the Surry side? - A. Between the mid-stream and the Westminster side.

Q. Where was the prisoner at this time? - A. In the barge.

Q. Was there any body with him? - A. Yes.

Q. Had they any boat with them? - A. Yes. I saw them both heaving coals out of the barge into their boat.

Q. Do you know of your own knowledge to whom the boat belonged? - A. No.

Q. What time was this? - A. In the morning between half after two and three o'clock.

Q. Was the barge at that time fastened to any thing, or floating? - A. It was driving.

Q. What quantity of coals might they take out of the barg, and put into the boat? - A. There might be about six or seven bushels, to the best of my knowledge.

Q. Did you observe whether there were any other coals in the barge besides these they had put into the boat? - A. Yes.

Q. At what part of the barge were the other coals? - A. In the stern room; Goddard and I were in another barge upon the river when we first saw them, and we got into our own boat and went to the barge; when we got; close to the barge they got into their boat and rowed away, and we rowed after them, and came up to them just through Westminster-bridge, about the middle of the river; Harris, the prisoner, then jumped off the well that he was sitting upon; it was a fishing boat; he jumped up, and asked us what we wanted; we told them we wanted to know who they were, and how they came to let the barge go adrift; I think it was Armstrong then answered, that we were no poor man's friend; we told them that did not dignity any thing, but we would see the barge made fast in safety, upon which Harris wanted to fight with us, we told him we should do no such thing, but we would bring them back, after a few words, they were agreeable to come back with us, and rowed back to the barge again, it was just high-water, the barge was driving; I went on board the barge and looked at her name, I saw her name was Grace, and at the stern of the barge, was W. Pearson, Lambeth; Harris and Armstrong then took the barge in tow, to row her ashore with their boat, and then we went to our own barge again; as we were going to our own barge, a gentleman rowed off to us, Mr. Honey.

Q. In consequence of any conversation with him, what did you do next? - A. We went to our down barge; I saw this Mr. Honey, we went him a hand to tow the barge on shore, this was on the Tuesday morning, the same morning.

Q. How soon after? - A. Directly; we told Mr. Honey there was a barge with the name of Pearson, her name was Grace; the prisoner was close by, Mr. Honey said, he knew the man very well, and he would lend a hand to tow her on shore; Armstrong and Harris towed her in one boat, and Mr. Honey in the other; upon which, there were a few words happened between Mr. Honey and the two men, I did not hear what it was; I then observed the boat with Harris and Armstrong rowing away, upon which Mr. Honey crime out for help; I got into the boat from my barge, Goddard was not with me then, I rowed athwart the bow of their boat, Harris got up, with a stick, and swore he would knock me down if I did not turn my boat off; I returned to my barge, and fetched Goddard to my assistance; we then got into our boat again, and pursued; them, and as we were coming up with them, Armstrong was rowing, and Harris, the prisoner, threw coals at us, we got along-side of them, there were some coals as big as my head, we told them, we would bring them back, Harris said, damn you, it is life for life, and then took up his staff that laid in the boat, and beat Goddard over the head; Goddard could not, at first, recover the blow, his head bled terribly, and upon that,

Harris up with his staff again, and made a second blow at him, and happened to miss him; the staff broke in two upon the boat's gun-whale; Armstrong, the man I was fighting with, struck at me with a stick they used for a stretcher, about five feet long, he missed me, and, with the force of the blow, could not recover himself; I got the stick out of his hand, I struck him several times over the ribs as he lay, he then said, for God's sake, don't murder me, and then I left off; now Harris jumped out of the boat into the water.

Court. Q. How near to the shore? - A. Rather upon the Westminster side; he jumped into the water, and got hold of a wherry that had heard the noise, and came to see what was the matter, and he made an attempt to wrest the sculls out of the waterman's hands.

Q. Did you at that time call to the wherry? - A. Yes; we told him, he should not take the man away; we took the prisoner out of the wherry; we were forced then to go and take care of our own barge, and I left Harris under care of Mr. Honey and Goddard, in Mr. Honey's boat; Armstrong got away, we had not strength enough to take them both, and he got away in the fishing-boat; I was before the Magistrates the Friday following; I could not go the next day, and he was committed.

Q. This was between two and three o'clock in the morning? - A. Within a quarter of three.

Q. Was it day-light? - A. It was break of day.

Q. Are you sure it was the same barge that you had seen first? - A. She was never out of our sight.

Q. Had you ever seen the prisoner at the bar before? - A. Never, to my remembrance.

Q. Are you sure he was the same man? - A. Yes.

Cross-examined by Mr. Ally. Q. You are a lighterman? - A. Yes.

Q. The prisoner was a drudger in a fisherman's boat ? - A. He was in a Peter-boat.

Q. They sometimes sleep in the boat? - A. If he is a drudgerman, they never do sleep in the boat, fishermen do.

Q. The tide was carrying the barge up towards Lambeth? - A. Yes; if any thing, it was the top of high-water.

Q. Do you know Lum's wharf? - A. Yes.

Q. Was the tide carrying it towards Lum's-wharf? - A. Rather the contrary way, but it was the top of high-water, the tide runs up after it has made its mark, and there was a strong wind to the southward.

Q. You first saw her off Westminster-abbey? - A. Yes.

Q. And where is Lum's wharf? - A. About 150 yards above the bridge.

Q. Is it not usual, upon seeing a barge coming down the river, particularly at that time, to be anxious to keep at a distance from that other barge? - A. Only just to clear her.

Q. I suppose, then, you have made observations enough in your passage up the river, that it is extremely difficult to ascertain the situation of a barge when that barge is in motion as well as your own? - A. No, there is no difficulty at all.

Q. Not a greater difficulty in making an observation upon a barge in which you are not, though that barge is in motion as well as your own, than when your own is not in motion? - A. No; just the same.

Court. Q. If you are coming down, and see a barge before you, cannot you tell whether it is nearer the Lambeth side or Westminster side? - A. Yes.

Mr. Ally. Q. Do not you know that this is a capital indictment, by which the man's life is affected? - A. I can say no more than the truth.

Court. What has that to do with it.

Mr. Ally. Q. Will you undertake to swear, knowing that, that it was not as near the Lambeth shore as the Westminster side? - A. I can undertake to swear it was on the Middlesex side.

Q. Will you undertake to swear that, under all these circumstances? - A. Yes.

Court. Q. About what distance from the Westminster shore? - A. It was almost two parts out of three, on the Westminster side.

Mr. Knapp. Q. The wind was south? - A. Yes.

Q. It would blow on to the Westminster side? - A. It would make a barge strand over to the Westminster side.

Court. Q. Would the current carry it to the Westminster side? - A. No; the wind would take it over; there is a sand bank in the middle of the river, but it was high water.

Mr. Knapp. Q. Was your barge in such a situation as to enable you see clearly what you have described? - A. Yes.

Court. Q. They were not working the barge? - A. No; that made us make the observation first; we saw them heaving the coals out, she was almost still; if any thing, going up.

Court. Q. Where was their boat? - A. Along side the starboard side of the barge.

Court. Q. Was their boat fastened to the barge? - A. I cannot say, but by the lee-way that the barge makes through the water, it would make the boat lie along side.

JAMES HONEY sworn.

Examined by Mr. Knapp. I am a boat-builder; I saw the prisoner and Armstrong in a boat, I don't

know whose boat it was, there were a great quantity of large round coals in the boat; they were nearly about the middle of the river, near the barge.

Q. You were present when the prisoner was apprehended? - A. Yes; I was there from the time that they reached the barge that they were towing till they were taken; we rowed the prisoner up shore, with a view to deliver him to the watchman on the bridge; there was nobody there; and we took him to St. Margaret's watch-house; they were towing the barge towards the Surry side, when I first saw her, she was then much about the middle, and they had been towing her very near half an hour before I saw her.

THOMAS GODDARD sworn.

Examined by Mr. Knapp. Q. When you first saw the prisoner and Armstrong putting the coals into their boat, whereabouts were they? - A. A great deal nearer to the Westminster side than the Surry side.

Q. Was it between the middle and the Westminster shore? - A. Yes.

Q. You had a great deal of conversation with the prisoner? - A. A great deal.

Q. Have you any doubt about his person? - A. I knew his person perfectly well from that time; I said he would not have minded taking my life; away; he said, no, he should not; nor we should not have taken him, if other people had not come.

Court. Q. He had beat you? - A. Yes; he cut my head open.

Mr. Ally. Q. You had no great friendship for the prisoner then of course? - A. He had no friendship for me; at the same time that he struck me, I told him, I did not want to hurt him.

Prisoner's defence. When I first saw the barge, she was adrift; we went towards her with an intention to secure her, to prevent her coming to any hurt; I stepped into the barge to take her headfast into our boat, and I saw the had got coals in; I saw a boat, and I saw she had got coals in; I saw a boat coming, and I said may be they would think we had been taking coals out of her, as we had some in our boat that we had been drudging for; they rowed after us, and kept calling out, we have got you, we will do you; and I thought as I had a pair of silver buckles and a watch, that they meant to rob us, and we would not let them come along side; and they stood up with their sculls, I thought they were going to strike us; I threw a piece of coal or two at them.(The prisoner called three witnesses, who gave him a good character).

GUILTY of stealing, to the value of 5s.

Transported for seven years .

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

Reference Number: t17960914-100

357. JANE RICHMOND was indicted for feloniously stealing, on the 16th of July , a leather purse, value 18d. a gold ring, value 21s. twenty-six shillings in money, and half-a-guinea , the property of Henry Pine .

HENRY PINE sworn.

I was an anchor-smith before I was blind; I turn a wheel now: On the 16th of July, Sunday morning; the prisoner knew every thing I had; I put my purse in my breeches, and was going to clean myself to go to church, I told her to go out and I would turn the key upon her; somebody knocked at the door before I got my shirt on, it was the prisoner, she begged I would lend her sixpence; I told her I could not afford it, I was a poor fellow, and only got sometimes sixpence, and sometimes two shillings, or three shillings, a week; the purse contained all the money I had in the world, there was a crown piece in it that was given me forty years ago, I told her to give me that before the Justice; she confessed it afterwards and laughed at it; my niece had been with me, I put it in my pocket before she went away, and there was nobody else came in but Jane Richmond .

Q. How soon did you miss it? - A. About five or six minutes.

Q. Are you sure, that from the time your niece went out, and you put your purse in your pocket, there was not any body in but Jane Richmond ? - A. I am sure that nobody else had been in, because I always turn the key.

MARY GRAY sworn.

My uncle came over to me about ten minutes after I had been with him, and told me that Jane Richmond had borrowed some money of him, and had taken his purse; I went to look for her at her lodgings but could not find her; I met with her some time after in Short's-gardens, and then she promised to call the next day and settle it, and we saw no more of her; a Mrs. Webb called, and said she had shewn her the purse; she sold the ring to a Mr. Cox in Little-Britain; the prisoner herself told me that she had changed a crown-piece for some ham, in Fleet-street; I told her I had been where a ring was sold for five shillings and three-pence; yes, said she, but my husband had all the money; I asked her why she had not told me this before; and she said, she believed the devil was in her.

Prisoner's defence. I called there, and he put his hand underneath my petticoats to be rude with me, and he said, he wanted to feel what I had got; I said no, I would not; and I never went near the place after.

GUILTY . (Aged 39).

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

Reference Number: t17960914-101

558. JOHN EDWARDS was indicted for feloniously stealing twelve guineas , the property of Thomas Hodgson .

There being neither day, month, nor year to the indictment, the prisoner was .

ACQUITTED.

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

Reference Number: t17960914-102

559. THOMAS STEVENS was indicted for feloniously stealing, on the 19th of August , a cloth coat, value 5s. two linen waistcoats, value 4s. a pair of nankeen breeches, value 1s. a linen shirt, value 1s. and two muslin neck handkerchiefs, value 1s. the property of William Perryn .

WILLIAM PERRYN sworn.

I am porter to William Prigg , grocer, in Cornhill: I lost these things at my lodgings, William Sandford 's, the Bull in St. John's street ; on the 18th of August I went from my master's about nine in the evening to my lodgings; as soon as I got to my lodgings I went to-bed; the prisoner was admitted to sleep in the room; a young man that slept with me got up about five, I got up about six, and left the prisoner in the room; I generally kept the box under the bed, I locked it, and left the things in it when I went out at six o'clock; I had not occasion to go to my box till the Sunday following, this was on Friday the 19th; my master desired me to come to his house in the morning; I took out the box to get my cloaths, I found the lock broke and the things mentioned in the indictment gone; I found the prisoner in the Middlesex hospital, he confessed he took them; a young man went with me, and after a few questions, he told him where he left the things.

EDWARD SEARCH sworn.

I lie in the same-room, I am a taylor: On the 18th of August I went to-bed about the same time with the last witness; on Tuesday the 6th of September, he said he had some intelligence of the prisoner; we went to the hospital, I saw the prisoner lying in bed, and asked him if he knew the landlady of the house; he said, yes; I asked him if he knew the prosecutor, he said, no; I asked him if he knew me, he said, yes; I said, how came you to take the things out of the box; he denied it; I pressed him very hard, then he confessed he left them at Mrs. Monteau's, the middle of Field-lane.

- MONTEAU sworn.

I keep a cloaths-shop in Field-lane.

Q. Do you know the prisoner? - A. I believe it is him; about nine in the morning a countryman came in to sell a coat and a pair of breeches; it is about five weeks ago; I bought this coat and a pair of breeches of him.

Q. Are you sure it was the prisoner? - A. To the best of my knowledge; he is much altered.

Search. In consequence of the prisoner's directions, I went to Mrs. Monteau's, and found the coat and breeches.

Prisoner's defence. I did not take them, I don't know who did; when I got up Mrs. Sandford was in the room; she spoke to me, and I to her; I did not come away without letting her know.

WILLIAM ROSE sworn.

I am an officer: I went to the hospital; the prisoner told me these things were at No. 16, Field-lane; he jumped out of a three pair of stairs window, where he was doing a robbery; that was the occasion of his being in the hospital.

GUILTY . (Aged 32.) Confined twelve months in the House of Correction , and fined 1s.

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

Reference Number: t17960914-103

560. LUCY SMITH and THOMAS ELLIS were indicted, the first for feloniously stealing, on the 26th of June , a linen shirt, value 5s. a cotton pocket, value 6d. a muslin neckcloth, value 1s. a pillow, value 2s. a linen pillow-case, value 1s. 6d. a pair of cotton stockings, value 1s. and three pair of silk stockings, value 3s. the property of Samuel Clarke ; and the other for receiving part of the said goods knowing them to have been stolen .

(The case was opened by Mr. Knapp.)

- CLARKE sworn.

I am the wife of Samuel Clarke , I live in Warwick-street, Golden-square ; the prisoner, Lucy Smith, was a servant of mine, and the lived with me about five or six months; on the 26th of June I was calling over my linen, purposing to go into the country, I missed a vast quantity of articles, sheets, table-linen, and my own cloaths; in consequence of that Mr. Clarke questioned her in my presence; she said she knew nothing of it; he sent for a constable; she went into the kitchen, and I followed her; upon which I saw her in the back kitchen, and asked her what she was doing; she said, she was not doing any thing; I told her to look for the rug I had lost; she said it was of no use to look for the rug there; I told her it must be in the dust-hole, and desired her to look; she said it was of no use, it was not there; before I told her that I perceived her arm in the dust-hole I asked her, what she put her arm in there for, she said nothing; I bid her come away and let me look for it, I was sure there was something; she said I should dirty myself, and begged I would not go there, and she would look; I said I would

look; I did, and found the several articles in the dust-hole; I have had them in my possession ever since; a servant in Court has them, he came with me, and has been in Court ever since.

Q. Had you ever given these articles to her? - A. No, never.

Prisoner. Q. Whether I had not these things to wash? - A. No, certainly not; she had washed all my linen up the night before; I was going into the country the next morning; one pocket handkerchief was clean.

MOSES FOSTER sworn.

I am a servant of Mr. Clarke's; (produces the things) I received these things from my master to bring them here, I have had them in my custody ever since; I know Lucy Smith .

Q. Do you know the other prisoner? - A. I have seen him several times; I know him by his coming there, I have seen him three or four times there, or more, he came into the kitchen to Lucy Smith.

(The property was deposed to by the prosecutrix).

WILLIAM PENDERICK sworn.

I am an officer belonging to the parish of St. James's; I went to the lodgings of Ellis, I believe he is a journeyman stone-mason , at the Angel in Warwick-street, Golden-square, in the same street where Mrs. Clarke lives; he was at home, he lodged in the garret, but I found him in the tap-room; when I went into the tap-room, he was pointed out to me, I asked him to go up stairs with me, Mr. Clarke was with me; Mr. Clarke asked if he had got any of his property she said, no; Mr. Clarke said, I think that is my neckcloth you have got about your neck; I desited him to take it off; he took it off, and I gave it Mr. Clarke, he said it was his property, I have had it ever since. There was a man shitting himself, I saw a box open, I asked that man whose it was, he said it was his, but Ellis had the use of it; Ellis said, he had. I took up a parcel, and asked the man if it was his; he said, no, it belonged to Thomas; I asked him, is this your's he said, it was what Lucy brought here; I asked what is in it; he said, I do not know, God knows, for I never opened it; I opened it, and found stockings, pieces of cotton, muslin, and linen, I tied it up again; Mr. Clarke said, he had missed some pillows, and other things; I took a pillow from the bed, and turned it up, it was marked S C; Mr. Clarke said it was his, that it was his pillow-case when he was a batchelor; sometimes after, Mr. Clarke wished to see the pillow, he said, if it is mine, there is a particular stain that I shall know it by, I took it out of the case, there was the stain, and he said, that is mine.

Q. Did the prisoner say any thing about the stain on he pillow? - A. He did not say any thing at all. (They are produced, and deposed to by Mr. and Mrs. Clark).

Smith's defence. The things that were in Ellis's room never had been in my master's house, I had just fetched them from Kensington; I desired the maid to take care of them till I came to fetch them, there is a woman here to witness it; my mistress has pawned things for herself and her sister; I have fetched a quartern of gin for her sister; my mistress had thirty-two duplicates in her pocket when I was with her; I had not time to wash all the things, those in the dust-hole were left.

Ellis was not put upon his defence.

For the Prisoner.

ESTHER LATHAM sworn.

I know nothing of the prisoner. Mrs. Clark has been in the habit of making away with her cloaths, and her sister has been stealing her cloaths.

Q. (To Foster.) Was your mistress in the habit of pledging things? - A. Not to my knowledge, otherwise than I have fetched things out; a blanket or two, or a flat iron or two.

Jury. Q. Who sent you to fetch those things out? - A. My mistress herself.

Q. (To Mrs. Clarke.) Did you ever send the witness, Foster, to redeem things pledged by you? - A. Never; they were tickets given me by a person who was the servant of a sister of mine, who is very poor, and I redeemed them for her.(The prisoner Smith called three witnesses who gave her a good character).

Smith, GUILTY. (Aged 40.) Confined one week in Newgate , and fined 1s.

Ellis, NOT GUILTY .(Smith was recommended to Mercy by the Jury .)

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

Reference Number: t17960914-104

561. ARTHUR CONOLLY was indicted for feloniously stealing, on the 23d of December, a leather pocket-book, value 2s. the property of Charles Adam Beckman , a Bank note, value 300l. another Bank note, value 100l. another, value 30l. and three other Bank notes, value 20l. each, the property of Charles Adam Beckman and Ann Salt , widow .

The prosecutor was called, but not appearing, the prisoner was .

ACQUITTED.

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

Reference Number: t17960914-105

562. JOHN NEVERSHALL was indicted for feloniously stealing, on the 8th of August , 11lb of tobacco, value 25s. and 4lb of snuff, value 5s. the property of William Frederick Hebb .

WILLIAM CONNER sworn.

Q. How old are you? - A. Fourteen: I am apprenticed to Mr. Hebb, tobacconist , in the Borough: On Monday (I do not know the day of the month), about a month and six days ago, I was sent by my master, with a parcel, to the King's arms, Queen-hithe; a man met me in Thames-street , and asked me if I belonged to Mr. Hebb, tobacconist, in the Borough; I told him, yes; he said I was to give him that parcel, and make haste back for the rest of the goods, which he had been and ordered; very well says I, must go and see the parcel booked; I went as far as Queen-street; the took the parcel from under my arm, and said give me the money, I will see it booked; and run back for the other things.

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

THOMAS BROWN sworn.

My father keeps the Borough Compter; I live with him; I was going by Queen-street, and saw a man talking with a boy, and take the things; I went to the boy, and asked if he knew the man, he said, no; I pursued him, and took him. (The parcel produced).

Q. Did you ever lose sight of him? - A. No; I never did.

- HEBB sworn.

I am a tobacconist, in the Borough: I sent William Conner with this parcel; these are my goods; I wrote the direction myself.

Q. (To Conner) I that the parcel the man took from you? - A. Yes.(The prisoner did not say any thing in his defence.)

GUILTY . (Aged 17.)

Judgment respited to go for a soldier

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17960914-106

563. THOMAS TUCKER was indicted for feloniously stealing, on the 1st of August , a boiling copper, value 9s. 6d. belonging to Henry Booth , fixed to a certain building of John Dixon 's, he having no title, or claim of title thereto .

There being no evidence to bring the charge home to the prisoner, he was.

ACQUITTED .

Tried by the London Jury, before

Mr. COMMON SERJEANT.

Reference Number: t17960914-107

564. ELIZABETH RICKETTS was indicted for feloniously stealing, on the 1st of September , two linen sheets, value 1s. two woollen blankets, value 1s. a flat iron, value 6d. and an iron key, value 1d. the property of Margaret Smith , widow , in a lodging room, in her dwelling-house, let by contract by her, to John, the husband of the prisoner, and to be used by both of them, in the lodging aforesaid .

MARGARET SMITH sworn.

I live in King's head-court, Beech-street .

Q. Are you a married woman? - A. Yes; I was a widow when this happened; I let a lodging to the prisoner.

Q. Has she a husband? - A. I don't know; she told me they had not lived together for some months; she said, she was keeping a house for some gentleman that was in the country. Peckham-fair was on Monday, and she left her lodgings on the Wednesday; I let the lodgings furnished; she was to give me three shillings a week; she went away on the Wednesday, and took the sheets, blankets, a flat iron, and the key of the street-door.

Q. What is your name now? - A. Edwards; she owes me one week's rent; a lad and I took her in Fetter-lane.

RICHARD ELDIN sworn.

I am a constable, I took the prisoner in custody; I went with the duplicates I received from the prosecutrix, to the pawnbrokers; the prisoner told me she had delivered them to her; I went first to Mrs. Moore, and the delivered me a sheet without any trouble; and Mr. Johnson delivered me a sheet without any trouble; I went to another place and found a blanket, and he was frightened, and gave me; and then I went to Mr. Berry, and he delivered up this iron.

Prosecutrix. I had the duplicates from the prisoner; she sold one of the blankets, and would not tell where she sold it; this is one of them, and these are my sheets, and this is my iron.

WILLIAM SMITH sworn.

I am fourteen years old; I was seeking the prisoner along while, I found her in Fetter-lane; I took her, and brought her into the city, and delivered her to Mr. Elden, the officer; she had the duplicates in her pocket, and she pulted them out, and asked me to read them; one was a sheet, and another a sheet, and the other a flat iron; she had sold one blanket, and pawned the other, and had no duplicate with it.

Prisoner's defence. I only left her lodgings one night, because it was a rainy night; I went to work one day in Fetter-lane, she came and dragged me away from there, and used me very ill; I did not mean to run away from her lodgings.

GUILTY . (Aged 21.) Transported for seven years .

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17960914-108

565. SARAH BARNES was indicted for uttering, on the 30th of June , to one West Adams , a counterfeit shilling, knowing it to be counterfeit .

Second Count. For having, at the same time, in her possession, a counterfeit sixpence.

(The case was opened by Mr. Cullen.)

WEST ADAMS sworn.

I am a fishmonger , No. 63, Barbican : On the 30th of June, the prisoner came to my shop with another woman, for ten penny worth of salmon, and asked what I would have for the plate, she had a place of me; I told her three pence; Mr. Bligh came in, and she gave me one shilling and one penny, the shilling was a very bad one; she then gave me two sixpence, and they were both bad; she was going away, I would not let her; I called the watch; she went to one corner of the shop; I called a person to assist me in taking it from her; and we took her to the watch house; she had then fifty-five sixpences and four shillings upon her; I went home, and found a sixpence more in the shop, (produces it); the constable has the others; the constable has got the shilling that she offered separate from the rest.

JOSEPH BLIGH sworn.

I am a linen-draper: I heard a kind of noise at Mr. Adams's; I assisted him in getting some money out of her hand; I took out of her hand, fifty-five sixpences and four shillings, which I gave to the constable of the night.

STEPHEN LOOSELY sworn.

I am a constable; I received the money, I believe Mr. Bligh gave them to me. (Produces it.)

Prosecutor. This is the shilling she offered to me first, I know it by having one of the same in my pocket; the shilling she offered, I gave to Mr. Bligh, and Mr. Bligh gave it to the constable.

Loosely. I have kept it separate ever since.

Mr. Barker, one of the Momors of the Mint, proved it to be a counterfeit shilling, and the sixpences to be all counterseit.

Prisoner's defence. I have two small children; I did not know that they were bad; I had received them in change.

GUILTY .

Imprisoned one year , and find sureties for her good behaviour for two years more .

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17960914-109

566. MARIA TATE was indicted for uttering, on the 9th of August , to one John Stuart , a counterfeit shilling, knowing it to be counterfeit .

Second Count. For uttering, to the said John Stuart , a counterfeit sixpence, knowing it to be counterfeit.

Third Count. For having in her possession, one other counterfeit six-pence.

(The case was opened by Mr. Gullen)

JOHN STUART sworn.

I am a publican in Bishopsgate-street ; I keep the Paul Pindar's Head: On the 2d of August, about a quarter past eight, or thereabout, this woman came to my house for a pot of beer, she had it at the door, and gave me a shilling, I found it was a bad one, when I came to look at it by the candle; she was gone; I put it in my pocket by itself; in about half an hour she came with two more, and had a pot of beer, and she gave me three-pence, I said, it was not enough, and then she took it back, and gave me sixpence; I said, she had done me out of one shilling, and now there was a six-pence; I sent for a constable, and she was searched, and some more bad money was found upon her; I gave the shilling and the six-pence to Rosoman.

ROBERT ROSOMAN sworn.

I am a constable; I searched the prisoner, and found three shillings good in a box, and while I was searching her, she clapped herself down upon a clothes-basket full of clothes, I looked, and there laid upon the ground four more sixpences, and a shilling, all bad, (producing them).

Prosecutor. This is a shilling and sixpence I had from the prisoner.(Mr. Barker proved them to be counterfeit.)

Prisoner's defence. I was going to Billingsga'e for some oysters; as I have not been used to buy oysters, I got two young women to go with me, and we went into the public-house to have some beer; I did not know the six-pences were bad, the shilling I never had given him at all.

NOT GUILTY .

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17960914-110

567. JOSEPH MARKS was indicted for feloniously obtaining, on the 2d of August , under false pretences, fourteen pounds of soap, value 10s. the property of Thomas Nannock , by a counterfeit letter , which is as follows:

Mr. Nannock, Sir,

If you please to send by the bearer, fourteen pounds of the best yellow soap; I should have come myself but I have strained my foot, so that I cannot get out of my room; and if you please to pack it up as well as you can, for it is going to Yorkshire to my mother, and the bearer is going to carry it to the Golden-cross, Charing-cross,

And you will oblige your humble servant,

J. Walker, Mop-maker.

I will call and pay you as soon as I can get out of doors.

THOMAS NANNOCK sworn.

I am an oilman in Cannon-street : On the 2d of August I received this letter from the prisoner, as an order from Mr. Walker, a mop-maker in Love-lane, Aldermanbury, for fourteen pounds of the best yellow soap, which I gave to the prisoner,(produces the letter); I had never seen the prisoner before.

Q. Did you give it him according to that order without asking any questions? - A. I did.

JOHN WALKER sworn.

Q. Look at that order, is that your writing? - A. It is not; I do not know any thing of it, the prisoner worked for me before this, and slept in the house at this time, he had not worked for me for about a fortnight, his wife worked for me then; I understand he was following the flour waggons at this time; I gave him no authority whatever to get this order. (The letter read).

Prisoner's defence. I have not any thing to say, I leave it to the Court.

GUILTY .

Imprisoned twelve months in Newgate , and publicly whipped .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960914-111

568. GEORGE DALLAWAY was indicted for obtaining, on the 8th of August , under false pretences, from Richard Crookshanks , senior, to William Saville , half a hundred of sheathing nails, value 2l.

RICHARD CROOKSHANKS sworn.

On the 8th of August, the prisoner came to Mr. Saville's warehouse, in the Minories , I was in the compting-house, at the time; he said, he came from Mr. Well's upper yard, for half a hundred weight of sheathing nails; I then asked him for his order, he said, he had none, that Mr. Hayward was in such a hurry, he could not write one; I then asked him the name of the ship that they were for, he said, he had forgot it; I then mentioned the Walpole, Wilhelmina, and the New Ganges, he said, they were for the New Ganges; I then made an entry in the day-book, made out a bill and receipt, which I desired him to sign, which he did, and I have the receipt at present; I then saw the nails delivered to him.

Q. What is Mr. Hayward? - A. A foreman to Mossrs. Wells.

Q. Were Messrs. Wells customers to you? - A. Yes.(Produces the receipt).

- HAYWARD sworn.

I am principal agent to Messrs. Wells.

Q. Did you give any orders to the prisoner to get any sheathing nails? - A. No; neither in writing, nor verbally; he has been employed in our yard a considerable time to pick up iron and things.

Prisoner's defence. I have not any thing to say, I am guilty.

Court. Q. What is the value of these nails? - A. About 40s.

GUILTY . (Aged 19.) Judgment respited to go for a sailor or soldier .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960914-112

569. JOHN ROYCROFT was indicted for wilful and corrupt perjury .

Mr. Knowlys. Gentlemen of the Jury, you have had to execute your duty hitherto, in the course of the present session, in cases of felony, and though felony is a crime of higher malignity than that which is imputed to the prisoner at the bar, namely, that of a misdemeanor, I believe you will find, in at ending to the case now before you, that this case will not less deserve your attention than any case of felony that has been before produced for your judgment. Gentlemen, the crime imputed

to the prisoner at the bar, is the crime of perjury; and when I call to your recollection, that it is only upon the sacred sanction of an oath that you have already had to decide upon the lives and liberties of your fellow-citizens, you will agree with me, that unless the sanction of an oath can be depended upon, the bands of society are dissolved at once, and it would be impossible for man to depend upon man, or that the purposes of society can go on; it therefore highly behoves us, that if the crime of perjury be brought home to any man, upon fair and just evidence, that crime should meet with the severest punishment the law can possibly inflict upon the defendant.

Gentlemen, as I know perfectly well, that in this observation I have just made, every one of you must coincide with me; it will become my duty to state to you the nature of the accusation against this man, and the circumstances which I am told I shall establish in evidence before you, upon which you will have to judge whether he is justly accused or not, and whether, in discharge of your duty, you will turn him over to that punishment which the law inflicts upon those persons who are, to the satisfaction of a Jury, found guilty of that crime. The crime of which the prisoner is accused, is said to have been committed at Guildhall, before Lord Kenyon. The indictment states, that an action was brought by a man of the name of Maclaughlin, against a captain Benjamin Huntley , that it became a material question, whether the prisoner had ever said, that captain Benjamin Huntley had given him a note of 150l. and whether he had promised to make it up a thousand pounds, or else that he the prisoner would hang him, the said Benjamin Huntley; and whether the prisoner, now at the bar, had not said, that he would take that note to the wise of captain Benjamin Huntley; and that she would pay that sum of 150l. to save her husband from being hanged. It states that, upon that trial, the prisoner at the bar swore to the following effect, that he, the prisoner, never said to any body, that captain Huntley had given him a note for 150l. and that he would make him make it up 1000l. or he would cause captain Huntley to be hanged; and that he never said, he would take the note to Mrs. Huntley, and that she would be glad to cash it to save her husband's life; and, gentlemen, after having said, that that was so sworn by him, the indictment goes on to state, that every particle, and every tittle the prisoner had sworn on that occasion, was directly false to the prejudice of captain Huntley, to the total perversion of justice, and to the ruin of every person who could be brought in to a Court of Justice. Gentlemen, having stated the nature of the charge, it becomes my duty to state the circumstances of that action upon which the prisoner was called as a witness, and to state to you under what circumstances I seek to ask your verdict of guilty against him.

Gentlemen, the prosecutor of this indictment, Mr. Huntley, was captain of the ship Friendship, of London, and on the 9th of June, 1794, was on his voyage to Smyrna; he was not only captain of that ship, but owner of it, and had proved to the satisfaction of many persons, that he had insured that ship for a less value than the ship was of; he had insured the freight to a less amount than the freight would amount to, and in pursuing his voyage towards Smyrna, he happened to descry a French fleet; every thing that the resolution of an able, skilful, and an honest man could exert upon that occasion he exerted to escape from the enemy; from the course they took they so hemmed him in that he was obliged to strike; however, they not sending their boats on board him, as an enemy to the French, and wishing to preserve his ship, he altered his course and attempted to escape, which but for the villainy of that crew, of whom the prisoner was one, he would have had a chance so to have done; however, they refused to co-operate, and they were taken. While they were in the French prison the crew insisted upon it that he should give them notes to a considerable amount, or else they would, one and all, accuse him of having (voluntarily and with a view to the prejudice of the country, and to the commerce of the country to which he belonged voluntarily thrown himself into the power of the enemy and occasioned the capture; but with the intrepidity and the honesty which belonged to a captain commanding an English vessel, he set their threats at defiance, and refused to accede to any such terms; the prisoner at the bar, with three or four more of that crew, were exchanged and put on board a cartel ship and sent to England; on board that ship, unknown to them, captain Huntley had been exchanged likewise, and arrived in England.

Gentlemen, the first step they took was to ruin the reputation of captain Huntley; before they proceeded to any farther extremities, the prisoner acting with them, made his appearance in the town of Gosport and providentially for captain Huntley (for the wicked are short-sighted, and a wicked conspiracy against the life of any man, will most probably, by that good Providence which over hangs us and over fees use, be defeated, because falsehood does not hang well together), he chose to make his vaunt of this, and in a public-house called the North Country Sailor, in Gosport, he made his appearance; luckily for the prosecutor of this indictment a Mr. Birmingham, an inhabitant of that place, and a Mr. M'Ewen were present; he stated that he was just come over from France; that he had

been on board the Friendship, commanded by captain Huntley, but that captain Huntley, like a scoundrel as he was, had thrown himself in the way of the enemy, and had given himself up a voluntary capture to the enemy, which he stated in way that if it were true would have affected captain Huntley's life, and captain Huntley would deservedly have suffered on the gallows; he stated that he had insured his ship and freight far beyond their value, and that therefore with intent to defraud the underwriters, he had surrendered his ship that he might afterwards call upon the underwriters and fix them for a much larger amount than the freight: Oh, say they we have been with the captain in prison, and to induce us to hold our tongues upon the subject, he has given us every one notes to a considerable amount to prevent our disclosing it; and he pulls out of his pocket, in a vaunting manner, a note for 150l. apparently the drawing of captain Huntley, in favour of him (the prisoner Roycroft); and says he, captain Huntley not being in the way, I shall take it up to Mrs. Huntley, and I know she will give me cash for it to save her husband's life; and unless he makes it up 1000l. I will hang him, and then I shall retire to Ireland, buy a cow, and live comfortably. These gentlemen were perfectly assured that the story he was telling was a lie, and Mr. Birmingham, with a zeal which captain Huntley and the public must ever thank him for, asked him to look at it; he took the opportunity to withdraw and make a memorandum of the note, upon which he found who was the drawer, and in whose favour it was drawn; he immediately wrote a letter to Mrs. Huntley, the captain's wife, telling her of the soul conspiracy that was carrying on against her husband's life; he thought it was his duty so to do. That being the case, it rested for that time; however, finding that the captain would not accede to their request, application was made to the underwriters to refuse payment; but to the honour of the captain be it spoken, every one of those gentlemen (whose interest and whose duty to the public calls upon them to dispute any claim of capture not founded in justice) paid that for which they had underwritten, except one, who had not the power of paying it, being insolvent-therefore for this time their scheme was defeated; but they got into the hands (for there are wicked hands enough in this town, who will give effect for their own interest to any wicked conspiracy that may be entered into against any honest person), of an attorney, who said it was true they had failed in this instance, but he would put them in a way of giving effect to their conspiracy though to a less amount; he persuaded every one of these persons to bring actions against captain Huntley, which actions, if they had been founded in justice, ought to have sent captain Huntley to the gallows. The scheme was this, that four or five of them (for the rest of the crew had been impressed on board different ships of war), should bring actions against the captain; that they should alledge that he had voluntarily and negligently thrown himself in the way of the enemy, by which they had lost their wages, their cloaths, and the little property belonging to them, and had sustained a long imprisonment in the prisons of the French nation; and that they should lay their damages at such extent as they in their moderation should think proper to lay them. This scheme, as you may suppose, being proposed to them by a man who had the means of carrying it into execution, was instantly acceded to by them in the room of enforcing the demand of the payment of that note, by the exhibition of which they must die if it turned out to be a forgery. This action was brought, not by the prisoner, because he could not be a witness in an action brought by himself; the first action to be tried, was an action, brought by a person of the name of Maclaughlin, a cook on board this ship, and upon that action, the prisoner at the bar appeared as a witness; captain Huntley knew very well what he had been doing at Gosport; the prisoner swore most positively to his throwing himself in the way of the enemy, and proved the case of Maclaughlin very clearly, as any witness may prove facts that are set down for him to swear; but in this country, thank God, witnesses are submitted to cross-examination, which is the true test of truth, and upon that cross-examination it was, that not suspecting that captain Huntley had heard of this conduct of his, this question was put-Has not captain Huntley given you a note for 150l. to hold your tongue upon the business? - A. No, says he, he has never given me such a note. How can you go for this small amount of wages, when you have 150l. due to you? - He denied that captain Huntley had ever given him such a note. It occurred them to captain Huntley's Counsel to put the next question to him; - Why, have you never said that captain Huntley had given you a note for 150l. to hold your tongue upon the occasion? - No, never, says he; totally unsuspecting that his wicked conduct at Gosport, and his attempt to defame the character of captain Huntley, was known. - Why, did you never say to two gentlemen, whom they named to him, that captain Huntley had given you a note for 150l. and unless he made it up 1000l. you would hang him? - Gentlemen, though warned of that circumstance he persisted in saying, no; it was a fact he could not he ignorant of, if it passed. - No, I never said any such thing. - Did you never say you wouldtake the note to Mrs. Huntley and she would cash it to save her husband's life? - No, say he, I never said any such thing.

Those two gentlemen whom I shall call before you as witnesses to-day, were confronted with him upon the trial at Guildhall , they swore then in positive contradiction to that man, upon which the Counsel in support of the claim, find it was a soul and wicked conspiracy to defame the character of captain Huntley, threw up their brief with indignation. Lord Kenyon immediately commanded him to be committed for wilful and corrupt perjury, and he was instantly committed to the jail of Newgate.

Gentlemen, if you can suppose it possible, that a man could have made such declarations, in September, 1795. and forgot them in June, 1796, you have my free will to acquit him; if you think he could not have forgot it, the only question for you to try, is, did he make use of such expressions? To this I will produce the evidence of two as respectable men as can be produced upon such an occasion, who can have no interest in the subject, who cannot have imagined such a thing, because Mr. Birmingham, the moment he heard it, thought it so soul a conspiracy against the fortune and life of captain Huntley, that it was necessary to acquaint Mrs. Huntley with it; the other gentleman who was in company, will tell you the same, If he said so, is it possible for him to have forgot it; he has, upon his oath, when he knew the importance of the matter, denied, that he had said so; that constitutes the crime, of which he is accused; I shall prove that he did make use of these expressions, and, that when he found he could not support the cause of Maclaughlin a moment, if he owned it, he solemnly denied that he had said so. The conclusion follows, of course that he has been guilty of the foul and wicked perjury imputed to him, and unless we can keep the channels of evidence pure, there is an end of property, there is an end of liberty, there is an end of life, and there is an end of the society in which we live, because the sanction and obligation of an oath, is the only thing by which society can be kept together. If I prove these facts, I think you must find him guilty; the punishment must be with the Court: any punishment short of death, certainly cannot be too great for the man, who has foully, deliberately, and with a wicked intent, come into a Court of Justice, to deliver that upon oath, which shall affect the character, reputation, and ultimately, the life of the man, against whom he gives that evidence. I shall call the witnesses, and if you are satisfied that what he has sworn, is false, you will consign him over to the judgment of the Court; and you will feel, that not punishment can be too severe for so foul a crime.

Mr. Samuel Wegener (captain Huntley's Solicitor), Richard Birmingham , James M'Ewen, Michael Malone , and captain Huntley, were called, who proved all the circumstances of the case stated by Mr. Knowlys.

The prisoner put in a written defence, which was read by Mr. Shelton, as follows;

Mr. Lord, and Gentlemen of the Jury, The unfortunate prisoner at the bar, is by trade a mariner, and shipped himself on board the Friendship, captain Huntley, bound for Smyrna, on the 1st of June, 1794; the prosecutor had insured the above vessel for more than her value, with intent to give her to the enemy. On the 19th, we fell in with the French fleet, but had plenty of time to get out of the way, had the prosecutor acted properly; I being second mate, told all hands, if they would join me, I would carry the ship back to England; the prosecuter said, the first man that offered to take the ship out of his hands, he would hang at the yard arm. The hands being all in confusion, he said, he only wanted to speak that frigate, that was the Ambuscade, which answered his end in quieting them, till we had got into their hands. I told him in prison I should acquaint the under-writers with his proceedings, for I thought they were villainous; when I had made my escape from the French prison, I landed at Gosport, and proceeded to my attorney's. I was suing my prosecutor, and afterwards saw the ship's husband, who told me to go to the attorney, and settle it, as it would injure him. I told him it must be settled by my attorney. - The prosecutor finding I was determined to explain the whole affair, found means to obtain two men to swear things I never said, thought, nor did, and for what I stand indicted; I am as innocent as the child unborn, therefore I hope your Lordship and the Jury will take my case into consideration; it is a piece of enmity through my endeavouring to explain the business to those who were defrauded; even the French captain told my prosecutor, that he had robbed the owners and merchants; the prosecutor made answer, the vessel was his own; the French captain made answer, and said, the more is the pity that you should be master of a two-oared boat; if they were all like you, the war would have been over long ago; I have pity for your men, but none for you.

Mr. Knowlys. (To Captain Huntley.) Q. Your ship was insured? - A. Yes.

Q. And have the under-writers all paid you? - A. Yes, except one who was insolvent, and he has paid 50l. towards it.

Q. I ask you upon your oath, as a christian, and as a man, did you give that ship away, or was

it taken by force? - A. Our force was only six guns of three and four pounders, and there were three frigates in chace of us; we surrendered to one of forty-eight guns, of eighteen and twelve pounders; there was no possibility of escape.

Prisoner. Q. Did I ever misbehave, or disobey orders, on board the ship? - A. No; only at the time we were taken, when the French began to fire over us, the prisoner said, lie down, lads, lie down, or you will be all shot; and then they flew from the helm, and we were obliged to give the ship up. GUILTY . (Aged 39.) Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960914-113

570. JOB CLIFFORD and WILLIAM EATON were indicted for enticing, and endeavouring to persuade,