Old Bailey Proceedings, 15th February 1797.
Reference Number: 17970215
Reference Number: f17970215-1

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY OF LONDON, AND ALSO.>

The Gaol Delivery FOR THE COUNTY OF MIDDLESEX, HELD AT JUSTICE-HALL, IN THE OLD-BAILEY, On WEDNESDAY the 15th of FEBRUARY, 1797, and the following Days, BEING THE THIRD SESSION IN THE MAYORALTY OF

The Right Honourable BROOK WATSON, Esq. LORD MAYOR OF THE CITY OF LONDON.

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

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

1797.

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

BEFORE BROOK WATSON, Esq. LORD MAYOR of the CITY of LONDON; the Right Honourable Sir HENRY ASHURST , Knight, one of the Justices of His Majesty's Court of King's Bench; Sir ALEXANDER THOMPSON , Knight, one of the Barons of His Majesty's Court of Exchequer; 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.

William Thissleton ,

Matthew Bell ,

Joseph Bowman ,

Paul Barbut ,

Richard Mortimer ,

George Wright ,

Samuel Jemmit ,

Clement Mead ,

George Lockitt ,

George Malpas ,

John Mitchell ,

Richard Harrison ,

Second Middlesex Jury.

Daniel Collard ,

Charles Peart ,

William Doe ,

George Moore ,

Edward Belk ,

William Miller ,

Peter Briscoe ,

Thomas Foote ,

Joseph Sayer ,

Samuel Grainger ,

George England ,

Thomas Scardefield .

London Jury.

Joseph Humpleby ,

William Kirling ,

Thomas Scarlet ,

Charles Lambert ,

Robert Allen ,

John Mason ,

James Fises ,

James Lavington ,

William Pyler ,

Samuel Ireland ,

William Fisher ,

John Walter .

Reference Number: t17970215-1

118. JAMES MARRIOTT and MARTIN CLINCH were indicted, for that they, in the King's highway, did make and assault upon Peter Detree , on the 1st of December , putting him in fear, and taking from his person a silk handkerchief, value 5s. a great coat, value 40s. two iron keys, value 1s. a pen-knife, value 2s. a silver pencil-case, value 6d. ten guineas, and twelve shillings in monies numbered, the goods and monies of the said Peter .(The case was opened by Mr. Knowlys.)

PETER DETREE sworn. - Examined by Mr. Knowlys. I was going in a post-chaise upon the 1st of December, about a quarter before two in the morning, with dispatches; as we were going up the hill to Barnet , the other side of Whetstone , before we came to the Red-lion, the chaise was stopped; two men opened the door, and demanded my money; both the doors were opened at the same moment; they asked me for my money, or they would blow my brains out; there were three men, two came into the chaise, and one stopped the boy.

Q. Had they any arms with them? - A. They both had pistols; I told them not to use me ill, I was without defence, I would give them what I had.

Q. Did they say any thing to you before this? - A. Yes; they abused me very much, and d-d me; they then searched both my pockets, and took from me ten guineas in gold, and twelve or fourteen shillings in silver; I am not certain exactly how much.

Court. Q. Was the gold loose, or in a purse? - A. Loose.

Q. What else did they take? - A. A silk pocket-handkerchief, and a brown great-coat that I had to keep my knees warm, and a silver case.

Q. Have you ever found any of those things again? - A. No.

Q. How long do you think they were in the chaise with you? - A. Not above ten minutes.

Q. Had you an opportunity of observing them? - A. Yes; but not so particularly as to swear to them.

Q. Did you make any remark at that time of their persons or dress? - A. Yes; one had a white smock frock on; I cannot say what coloured cloaths the other had.

Q. How long after this was it that you had any information of persons being in custody? - A. I cannot say; I believe it was in January; I was sent for to Bow-street.

Q. The two prisoners were produced at Bow-street? - A. Yes.

Q. At that time were they standing alone as they do now, or were they mixed with other people? - A. There were five of them.

Q. Were you able to say which of the five were the persons you charged? - A. I picked out them that I believed were the men.

Q. Had any body, before you said this, pointed out those persons to you, or did you speak from your own recollection? - A. Only from my own recollection; nobody could tell me any thing about it, because nobody was there with me.

Cross-examined by Mr. Const. Q. You have spoken very fairly; I shall only ask you a question or two-when you were sent for to Bow-street, it was to see some people that had been taken for a robbery? - A. Yes.

Q. And five people stood at the bar? - A. Yes.

Q. There was nobody at the bar besides those five? - A. No.

Q. And you were desired to six upon those men which were most likely to be the persons that robbed you? - A. Yes.

Q. And it was so dark, that you could not speak to the colour of their clothes? - A. No.

Q. You know that their persons and their lodgings were searched, and nothing found that you know? - A. No.

Q. And it was more than five weeks after the robbery before you were sent for? - A. No.

Q. And you cannot positively swear to them? - A. No.

Both NOT GUILTY .

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

Reference Number: t17970215-2

119. JAMES MARRIOTT and DANIEL MACKAWAY were indicted, for that they, in the King's highway, upon William Oldham , Esq ; did make an assault, putting him in fear, and taking from his person, on the 22d of December , a gold watch, value 18l. a gold watch-key, value 3s. a gold hook, value 3s. and two guineas , the goods and monies of the said William Oldham .(The case was opened by Mr. Knowlys.)

WILLIAM OLDHAM , Esq. sworn. - Examined by Mr. Knowlys. I live in Bury-street, Edmonton. On the 22d of December, I was robbed, in company with Mr. and Mrs. Macbean, in a post-chaise.

Q. Whereabouts was it, and at what time did it happen? - A. About three or four hundred yards from my own house, at half past four o'clock, it was then perfectly light; it was after sun-set, but perfectly light, light enough to discern any object whatever; we were in conversation relative to the house we were just then passing; we had not passed it more than fifty yards when we saw a man run before the chaise to the horses' heads and lay hold of the bridle; on observing that, the friends that were with me were of opinion we were about to be robbed, but so little was I of that opinion that I was in the act of letting down the window to enquire what the man wanted, I had not the least expectation of being robbed; while I was in the act of letting down the glass, I felt something on my right side, I sat in the middle; on turning round to observe what it was that went against me, I discovered the door open on the right hand, and a man stood at the door with a pistol presented at me, it was a short bright barrelled pocket pistol; he demanded my watch and my money, or my money and my watch, I don't recollect which; I desired him to take away the pistol, and that he should have all that I had; his answer was, make haste, make haste; I took hold of his arm with one hand, and with the other put my hand in my pocket, and held to him the money that I had, which was two guineas; he took the money, and asked if that was all; I told him it was; he then demanded my watch, and said, that he had either seen or felt it; I took the watch from my pocket, and held it up between my finger and thumb, and he took it, it was a new gold watch; he then demanded my pocket-book; I told him I had not any pocketbook; he said I had; I told him upon my honour I had not, and begged he would be satisfied, and go away; he told me to take care that he did not find one; I told him I had not got any, and he immediately turned to the lady and robbed her; when he turned to the lady, he presented his pistol to her; I desired him to take away his pistol, and not to alarm the lady; he said he would not do any harm; I told him if he did not mean to do any harm, it was rather strange he would not take away his pistol, and desired him to take it away; he turned to the lady, and desired her not to be alarmed, for he would not do her any hurt; I believe that was all that passed.

Q. Were you collected and cool at this time, or under any alarm? - A. I believe I was as little alarmed as any man could be in a similar situation.

Q. During this time, had you an opportunity of observing the person that was robbing you? - A. Yes, perfectly; I have not the smallest doubt of that being the man, (points to Marriott); I verify believe that to be the man.

Q. Had you a full opportunity of observing him? - A. Yes; looking in his face the whole time of the robbery.

Q. Have you any doubt then that he is the man? - A. It is possible I may be deceived, but I declare solemnly that I believe that to be the man, I have not the smallest doubt of it.

Q. Was your attention drawn towards the other side of the chaise? - A. At the time that he finished robbing me, I heard, on the other side, what I thought was a dispute, a little hesitation on the part of the gentleman that was with me; I turned suddenly round, and laid hold of Mr. Macbean's arm to check him from making any resistance; and then I saw the other prisoner at the bar, with a pistol similar to the one I was robbed with; I then turned to the lady, and attended to her.

Q. Had you a good opportunity of observing the person of that other man? - A. Yes; the moment I saw him at Bow-street, I could have identified him if there had been a thousand, immediately as I saw him.

Court. Q. By that you take upon yourself to swear that that other prisoner was the man that was at the other door? - A. I speak with as much certainly as I think any man ought to speak.

Mr. Knowlys. Q. Mrs. Macbean was under considerable alarm? - A. She was very much alarmed; she is not here.

Cross-examined by Mr. Const. Q. The way in which you speak of it is, that you verily believe they are the men? - A. Yes.

Q. It was a good while afterwards before you saw them at Bow-street? - A. A week or ten days.

Q. Nothing belonging to you was found upon them? - A. I believe not.

Q. Nor was there, in their possession, any pistol, I believe? - A. I never heard of it.

Q. You were under the state of alarm, that you speak of, as a man would naturally be alarmed, especially with a lady? - A. I was as little alarmed as any man could be in that situation.

Q. Every man, of course, under such a situation, must be under alarm? - A. Of course; but that alarm very soon subsided; and I must do the prisoners the justice to say, they behaved extremely well; that there was not a single oath uttered to my knowledge.

JOHN MACBEAN , Esq. sworn. - Examined by Mr. Knowlys. I was in company with Mr. Oldham and Mrs. Macbean when this robbery was committed, on the 22d of December, about half

past four o'clock, in a place called Bury-street, nearly opposite Mr. Goffart's house, or between that and the bridge. Mr. Oldham had just been speaking of robberies, and of the house, and I perceived a man go up to stop the horses, upon which I got up, judging what it was, that we were to be robbed; as I got up, I pulled my watch out of my sob, clapped it upon the cushion below me, between my things, and sat down; I laid hold, with my left hand, of the string of the side glass to let it down; I then perceived the right side door open, I was upon the left side, and Mr. Oldham in the middle; I saw a man entering at the door, and saying, your money and your watches immediately; I turned round upon my left hand, and found a man close by my side, with a pistol in his right hand, and said to me, your money and watch; I said, my money was very little, but he should have it; I took out all that was in my waistcoat pocket, which was about eight or nine shillings, this key, this pencil-case, and this knife I put into my left hand, and a shilling with them, which I kept, and gave him all the rest; after that, I laid hold of his hand which had the pistol, and kept the muzzle of the pistol upwards; and he said, in a very low and slow voice, your watch, Sir; I endeavoured then to wrench the pistol out of his hand, and that knocked his hat up a little higher, it was down before that over his nose, very low; at that time Mr. Oldham turned round, and laid hold of my hand, and said, what are you about, look at the lady; I turned round, and saw that her head was thrown back behind Mr. Oldham, and saw the man's hand searching her pocket; immediately I gave the man upon my side the watch; he then asked me for my pocket-book; I said, no; he said, you had better let me search your pocket; I said, you had better not; he then said, you are interrupting me in my business, or words to that effect; the man upon my side said no more.

Q. Had you a good opportunity of observing the man that was upon your side? - A. Plenty.

Q. Did you attend to him? - A. I did; and I remarked him, that I should know him again if I ever saw him.

Q. Look round the Court, and see if that man is here? - A. Yes; that man with the red hair is the man, the tall man (Mackaway.)

Q. You saw the person on the right hand, when the door was opened, and saw him searching your wife's pocket? - A. Yes.

Q. Did you take any notice of his person? - A. Yes; but not so much as I did of the other.

Q. Can you say whether he is here or not? - A. Yes, to the best of my knowledge, from his face, that was the man (Marriott.)

Q. Have you any doubt, whether he was the man or not? - A. I have none; I am not so positive to him as I am to the other; but I have not the least doubt that he is the man.

Q. Did You see either of the men, when they were apprehended at Bow-street? - A. Yes; they were mixed with other three.

Q. Were you able then to identify either of them? - A. I pointed them both out.

Q. The place where you were robbed, was close by Mr. Goffart's house? - A. Yes.

Q. Did you take any notice at that time of the manner in which they were dressed? - A. The man on my side, was dressed in a blue, or dark coloured coat, and a black handkerchief over his chin.

Q. Did you take any further observation of him? - A. I observed that his nose was large and bent down, and a pink reddish face, perhaps occasioned then, as it was a frosty night, by the cold.

Q. Did you make any observation upon the dress of the other? - A. No, I did not; I made such remark of the man on my own side, that I would have known him, let him be in what dress he would.

Cross-examined by Mr. Knapp. Q. I observe you to speak very cautiously, respecting the persons of there two men, and the result is, that your attention was particularly called to the person on your side? - A. More so, because he was close to me; I saw the other man first.

Q. But of course, the pistol of the man near you, being close to you, your attention was more called to him? - A. Yes.

Q. You don't mean to speak with the same certainty to the other man, as you do to him? - A. Not exactly.

Q. This was a darkish night, I believe? - A. It was not dark, it was day light.

Q. At half past four in December, the day was closed? - A. No; it was quite light.

Q. The day after the shortest day, was not it? - A. Yes.

Q. His coat was a blue, or dark colour, you said? - A. I think it was blue.

Q. And notwithstanding you cannot, with certainty, describe the colour of his clothes, upon the day after the shortest day, yet you take upon yourself to swear to the man's face? - A. Yes.

Q. You have stated to the Court, that the man had a black handkerchief over his chin? - A. Yes.

Court. Q. Was it as high as his mouth? - A. No, by no means.

Mr. Knopp. Q. Had he a round hat on? - A. Yes.

Q. A round stapped hat? - A. Yes; such a one as that before you.

Mr. Knowlys. Q. Was your attention most called to the colour of his dress, or to the man? -

A. To the face of the man certainly; I have heard him since speak at Bow-street, and I know it to be the same voice.

Court. Q. What time might the whole of this business employ? - A. From two to three minutes, or perhaps upwards.

Q. How long after did you see them at Bow-street? - A. Twelve or thirteen days.

SUSAN GODDARD sworn. - Examined by Mr. Knowlys. Q. How old are you? - A. I shall be fifteen, next Christmas; my father lives in Bury-street, Edmonton, about ten yards from Mr. Gossari's house.

Q. Do you recollect seeing any chaise stopped in Bury-street? - A. Yes.

Q. Do you recollect what day it was? - A. The 22d day of December.

Q. How many people did you see in the road? - A. Three came out of Mr. Oldham's field, and one of them went forward and stopped the chaise, the other two went quite away, they went over Mr. Goffart's field.

Q. How many people were there in all? - A. Five.

Q. Where did the other two come from? - A. Out of Mr. Oldham's field.

Court. Q. Then there were five came out of Mr. Oldham's field? - A. Yes; three went up first, and one of the three ran before the other and stopped the horses.

Q. You have not been examined at Bow-street, or any where? - A. No.

Q. Can you recollect the persons of any of them? - A. No, I cannot.

JONATHAN TROTT sworn. - Examined by Mr. Knowlys. I am constable of Enfield; I was at Ponder's-end, on the 22d of December, nearly a mile from the spot where the robbery was done.

Court. Q. Do you know Mr. Goffart's house? - A. Yes.

Q. How far was it from there? - A. Nearly a mile; the man in the red hair (Mackaway), and several more came into the Two Brewers, at Ponder's end, between five and six o'clock in the evening.

Q. Are you sure that the man in the red hair is the man? - A. I am positive of it; I stood some time before him, they came in by two's, and were drinking purl.

Q. Did you observe him and notice his person well? - A. Yes; I am sure he is the man that I saw at the Two Brewers.

Cross-examined by Mr. Gurney. Q. You did not see Marriot there? - A. No.

Q. Mackaway you did see there? - A. Yes.

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

JOHN TOWNSEND sworn. - Examined by Mr. Knowlys. I am one of the officers of Bow-street; on Saturday the 31st of December, in consequence of a variety of foot-pad robberies committed, I, together with Sayers, and the rest of the officers, went to a house in Shoe-lane, where we received information, that the two prisoners at the bar, together with four others, were then in the parlour; we went in and secured them all, we handcuffed them, and brought them away, and searched them, but there were no fire-arms, or any thing that relates to the robbery, found upon them.

Q. Where was it that Mr. Oldham and Mr. Macbean saw them? - A. It must have been the second examination; I think it was on a Wednesday, the 7th of January.

Court. Q. They did not see them the day they were apprehended? - A. No.

Mackaway left his defence to his Counsel.

Marriott's defence. I was not there, I have got people in Court to prove it.

For the Prisoner.

JOHN SPIRES sworn. - Examined by Mr. Knapp. I live in London-street, Rotherhithe, near Dockhead; I lodge at Mrs. Brown's house.

Q. Do you know the prisoner Marriott? - A. Yes; I know him well.

Q. Do you remember where Marriott was on the 22d of December? - A. Yes; I called him up about nine o'clock in the morning to breakfast at my house.

Q. Were you in company with him during the course of that day? - A. Yes.

Q. Do you mean to say you were in company with him all the day? - A. Yes.

Q. Was he ever out of your company during the whole of that day? - A. He was not out of my company during that whole day.

Q. Are you sure he was never out of your company the whole of that day? - A. I am confident of it.

Q. Did he sleep at your house? - A. No; I had not accommodation for him at my house, and I got a lodging for him at Mrs. Brown's.

Q. How long had he lodged there? - A. He came on the 2d of December, and he went away on the 24th.

Q. During that time that you describe him to have been in Mrs. Brown's house, do you remember his going out any where? - A. He went home on Sunday.

Q. Do you know where he went to? - A. I do not; I know the day he went.

Q. Did you go with him at any time to any public-house? - A. Yes; we used to frequent a public-house, the Sugar-loaf, Mr. John Marria keeps it, about thirty yards from our house.

Q. Do you remember whether he was at that

public-house during the course of the 22d? - A. Yes; I remember that perfectly well.

Q. Tell my Lord and the Jury what reason you have for recollecting his being with you at that house? - A. At the time Marriott was in trouble, I went to Martin and asked him if he recollected the day we had some steaks cooked at his house; we dined there.

Q. What time of the day did you dine there? - A. About two o'clock.

Q. How long did you stay with him after your dinner? - A. Till near six.

Q. After your dinner, at six o'clock, did you return home with him? - A. He went with me home to my apartments.

Q. Do you recollect what day of the week this was? - A. Yes; the Thursday preceding Christmas-day.

Cross-Examined by Mr. Knowlys. Q. You were very intimate, quite friends? - A. As working shop-mates together with my father.

Q. How long have you known him? - A. I have known him seven years.

Q. So you called him up this morning? - A. Yes; and I called him up every morning, because he slept in the room over our's.

Q. When did he begin to lodge there? - A. The 2d of December, in the evening.

Q. As you were with him the whole day, what were you doing, at work together? - A. No.

Q. No employment at all that day? - A. No.

Q. How did you must yourselves that day? - A. I had a little job to do to my boat that day; the gentleman I am employed under did not want me that day.

Q. Did he assist you? - A. Yes; he went down to the water-side, between breakfast and dinner time, he was with me near two hours and an half.

Q. Did you join company with any body? - A. No. not till the evening about half past five.

Q. You got up at six, I think you say? - A. No; I got up about eight.

Q. Was he in bed at eight o'clock, a working man? - A. Yes.

Q. What way of business is he? - A. A lathrender.

Q. What are you? - A. A waterman.

Q. Did you serve your apprenticeship to a waterman? - A. Yes; my father is a lath-render, he instructed me in his business while I was a youth.

Q. Is Mrs. Brown here? - A. No.

Q. What time did you leave Mrs. Brown's house on the 22d? - A. About two o'clock in the afternoon.

Q. Then am I to understand, that Marriot and you staid at home till two o'clock in the afternoon? - A. We did.

Q. At what time was it that you did this job the boat? - A. Between breakfast-time and dinner? it might be about half past nine, or near ten.

Q. Was your boat in Mrs. Brown's house? - A. No.

Q. Because you told me, just now, you did not leave Brown's house till two o'clock? - A. Not to go to any distance.

Q. Did she know where you were? - A. No; I never left word with her; I was within an hundred yards of the house the whole day.

Q. There were a number of people upon the Quay that you knew? - A. Yes.

Q. And they saw you and Marriott too? - A. Yes.

Q. Have you desired any of them to attend? - A. No. I have not.

Q. At two o'clock you left Mrs. Brown's? - A. Yes; and went to the Sugar-loaf.

Q. How long might this job take you up? - A. It might be an hour and an half, or two hours and an half, I cannot be particular to the time.

Q. Then, excepting this little job you did to the boat, you were in Brown's house all the time till two o'clock? - A. Yes.

Q. And Marriott with you? - A. Yes.

Q. Was Mrs. Brown at home? - A. Yes.

Q. Were there any other lodgers in the house? - A. Yes.

Q. Were you acquainted with them? - A. We spoke to one another.

Q. You were upon good terms? - A. Yes.

Q. And upon good terms with Marriott too? - A. I cannot say, except seeing him in bed when they came home, or when they went out, leaving him in bed; they slept in the same room.

Q. Where did you dine? - A. At the Sugar-loaf.

Q. How far from Brown's house? - A. According to my best recollection, it might be thirty yards, it is a very short distance; the back door of the Sugar-loaf comes into London-street, Rotherhithe, the street that I live in.

Q. You and Marriott dined there, did you? - A. Yes.

Q. Is it a public house much frequented? - A. It is a decent public house, where I have my beer from in general.

Q. A house you frequented? - A. Yes.

Q. And Marriott? - A. Yes; occasionally.

Q. Therefore there was nothing particular in your going to that house? - A. No.

Q. Did you generally done there? - A. No; I never dined from home but that one day.

Q. Are you sure you never dined the three weeks that Marriott was at your house but the 22d of December? - A. I am sure of it.

Q. Are you perfectly sure of it? - A. I am perfectly confident of it.

Q. Who dined with you? - A. Marriott.

Q. Was there any body else? - A. No.

Q. There was nobody else dining there at the time? - A. No.

Q. Did you dine in the tap-room, or where? - A. In the tap-room.

Q. And you are confident nobody dined there but yourselves? - A. I am confident of it.

Q. Who is the landlord of the house? - A. John Martin.

Q. Is he a married man? - A. Yes.

Q. Was his wife in the house at the time? - A. Yes; his wife cooked the steaks.

Q. Was there any pot-girl, or servant? - A. Yes.

Q. Did she wait on you? - A. Yes; but she has left the house.

Q. How long ago has she left it? - A. I cannot say; all I know about her leaving the house is, seeing a fresh one.

Q. You don't know when she left the house? - A. No.

Q. Was there any pot-boy, or waiter, as well as the girl, who attends the house? - A. No.

Q. Have they any grown-up family? - A. I cannot take upon me to say whether they have or not; I have not seen any children at the house.

Q. How long did you stay? - A. Till about six o'clock; it might be two minutes under six, or might be a quarter after six, it was somewhere thereabouts.

Q. How came you to know that this was the 22d of December? - A. I took notice of the day of the week that it was, and the time that Marriott left my house; and I referred to my almanack, and I found that it was the 22d, the only day I ever had any steaks cooked there.

Q. Have you seen Marriott since he has been in this unfortunate situation? - A. I have seen him once.

Q. Did you talk over this matter, what day of the month it was? - A. Yes.

Q. Who first said it was the 22d, Marriott or you? - A. I said it was the 22d; he asked me my reasons for it.

Q. Was it before or after you had seen Marriott that you referred to the almanack? - A. It was before I saw Marriott.

Q. Had you any letter from Marriott, or message, before you referred to the almanack? - A. No.

Q. Had you attended Bow-street before you reffered to the almanack? - A. No.

Q. Had you any conversation with any body about Marriott being taken up, before you referred to the almanack? - A. No.

Q. You had heard nothing about Marriott being taken up, before you referred to the almanack? - A. I had heard it for two or three days before I came to see him, that he was apprehended.

Q. Can you tell upon what day you heard he was taken up? - A. No, I cannot.

Q. Who did you hear from that he was taken up? - A. I cannot rightly resolve that; I did not believe it when I heard it.

Q. Had you any conversation about the particulars of the robbery with the person that told you he was taken up? - A. None at all.

Q. As you had not heard from the prisoner about it, not heard from any body else, and had no conversation with any body, will you give my Lord, and the Jury, a reason for referring to the almanack, to see if it was the 22d.? - A. Yes, I can do that; my reason was, I heard that Marriott was taken up for a robbery committed on the 22d of December; I knew, at the same time, that Marriott had been in the same house with me for three weeks.

Q. Recollect that you told me, a little while ago, that you had never heard from the prisoner before you looked at the almanack; and that the person from whom you heard of the robbery did not tell you the particulars-Who told you it was on the 22d.? - A. Marriott told me when I came to see him.

Q. And then you referred to the almanack? - A. Yes.

Q. Was that after Marriott had told you it was the 22d.? - A. Marriott told me the robbery was charged against him the 22d; and I told Marriott I recollected that day perfectly well.

Q. Then how came you to tell me, a little while ago, that you had not heard from Marriott when you referred to the almanack? - A. I don't remember that I said so.

Q. Had you any conversation with Martin, or his wife, that day? - A. We had no more than our own regular conversation.

Q. Then nothing particular passed for Martin to observe that day? - A. Only one, though it is a foolish thing; I asked Martin if he could oblige me with a few pickles; he said he had none; I think I asked him if he had an onion, which he gave me; and I asked him for some vinegar, and he went out himself, to a chandler's-shop, and got a halfpenny worth.

Q. You say Mrs. Martin cooked the dinner? - A. Yes.

Q. Was she by when you asked about the pickles? - A. I believe she was not; I am sure she was not in the tap-room at the time.

Q. Is she here? - A. No.

Q. And have you made no enquiries after her? - A. No.

Q. Nor after the pot-girl? - A. No.

Q. You said, that on Sunday Marriott went home? - A. Yes.

Q. And you did not know where it was that he went to? - A. I know where he told me he was going, I did not go with him.

Q. Did you and Marriott frequently spend the whole day together without working? - A. No; because I had my business to do.

Q. How came that day a holiday? - A. Mr. Eustace, the gentleman I work for, is out of town; I have worked for him these eighteen months, and do still.

Court. Q. Can you give any reason for dining that day at that house? - Q. Yes; the reason was, my child was very ill, and my wife had been a washing, and we have but one room; the child had been ill about two months.

Court. Q. Where did you buy the steaks that were dressed that day? - A. At a butcher's-shop in the Folly, Dock-head, and brought them to the house.

JOHN MARTIN sworn. - Examined by Mr. Gurney. I keep the Sugar-loaf, in the Folly, Dockhead.

Q. Is that in London-street? - A. The back of the house is in London-street, the front is in the road.

Q. Do you know the person of the prisoner Marriott? - A. Yes; I know him very well.

Q. Do you know the last witness, Mr. Spiers? - A. Yes, very well.

Q. Do you recollect seeing them at your house at any time in December last? - A. Yes, a great many times.

Q. Do you recollect their dining there any day in particular? - A. Yes, very well, on the 22d of December; I think it was on a Thursday.

Q. What reason have you for thinking it was the 22d of December? - A. They brought in a pound and an half of bees steaks, my wife cooked them for them.

Q. Have you any particular reason for knowing it was Thursday the 22d of December? - A. Yes; I left them both at my house about ten minutes before four.

Q. What time did they come to your house? - A. I believe it might be a little before two; I came home again, I look upon it, about half after five, they were then gone, they had been gone but a little while.

Q. You have some particular reason for knowing it was on Thursday the 22d of December? - A. Yes; I went up to the Borough-market to buy three bunches of carrots, and when I came back again, Mr. Spires asked for a pot of half two-penny and half beer, and two clean pipes.

Q. Have you any other reason for knowing the day on which this took place? - A. Yes; they were both in my house on the 21st.

Q. Did any thing happen to you on the 21st? - A. Yes; I had nine butts of beer came into my house that day, and Spiers and Marriott had two pints of porter at that time.

Q. And you recollect that the day they dined at your house was the day after those butts came in? - A. Yes.

Cross-examined by Mr. Knowlys. Q. When was you applied to to become a witness upon this occasion? - A. I cannot tell justly, about a week ago, I do not believe it is more.

Q. Did you know that Marriott was committed for trial the last sessions? - A. I did not.

Q. You never heard, till a week ago, that he was taken up? - A. No.

Q. You did not know he was taken up and likely to be tried last sessions? - A. No; I did not.

Q. Has Spires frequented your house from that time to this? - A. Yes; and for three months before.

Q. I suppose you and Spires talked of the occurrences of the day; how do you do, and so on? - A. Nothing more.

Q. He did not tell you what a sad accident had happened to his friend Marriott? - A. No; he did not tell me of it not till he came to ask me about it.

Q. You never heard him converse about it at all? - A. No; not till he asked me whether I could recollect having the steaks in the house.

Q. Spires was a frequent customer, you say? - A. Yes; he used to have a pint of porter now and then.

Q. How came you to recollect it was the 22d they had the steaks? - A. Their having the two pints of beer when the Brewer's servants were there, and I recollect it was the next day.

Q. Have you the Brewer's bill here? - A. No; I was not aware that it would be wanted.

Q. What makes you know it was one day and not two or three days after the Brewers were there? - A. I am sure it was the next day.

Q. It was considerably above a month before you was applied to? - A. Yes; when the question was put to me, I referred to those bills, and I was certain they were there at the time.

Q. The beer was delivered on the 21st? - A. Yes; and I am certain they were there the day following.

Q. How do you know they had the steaks that day? - A. I went to the Borough-market for carrots.

Q. And you have no other reason than the carrots for recollecting this 22d of December? - A. No.

Q. How do you know you got the carrots on the 22d, had you a bill with them? - A. No.

Q. Did you never buy carrots before? - A. Yes.

Q. Then what is it makes the circumstance of buying carrots, six it in your mind that it was the 22d? - A. It being on the Borough-market day.

Q. How often is the Borough-market day? - A. Three days in a week.

Q. Have you the person here of whom you bought them? - A. No.

Q. How do you know it was not the 24th? - A. I am certain it was not the Saturday, it was on the Thursday.

Q. Have you been to the person you bought the carrots of, to know if she recollects it? - A. No; I am clear it was on a Thursday, and the 22d of December.

Q. You have nothing further to recollect it, but your buying these carrots? - A. No; and leaving them down in the tap-room.

Q. Your wife dressed the carrots and the beef, I suppose? - A. Yes.

Q. Is she here? - A. No.

Q. Had you a pot girl lived with you then? - A. Yes.

Q. She waited upon these people, did not she? - A. My wife generally looks after the tap-room herself.

Q. Did you wait upon them at dinner? - A. Yes; and my wife.

Q. Did the pot-girl wait upon them? - A. I believe not, I do not think she did.

Q. Was any body in the tap-room? - A. Yes; there were two people.

Q. >Were there two people there at the time they dined? - A. Yes.

Q. That you are sure of? - A. Yes.

Q. Who are those people? - A. William Vallette , and Hannah Carey , they were having a pint of beer.

Q. Where do they live? - A. In London-street; we all live within one hundred yards of each other.

Q. What was the conversation that passed between Marriott and Spires, and this man and the woman, do you recollect what they were talking about? - A. I cannot say that they had any conversation.

Q. Where were the other two sitting? - A. In the opposite box.

Q. How far from them? - A. It might be four or five feet.

Q. You don't recollect whether they had any conversation or not? - A. I cannot; I remember Marriott and Spires were talking together; I was not in the tap-room all the time, I was in and out.

Q. However, there were these two people within four or five feet of them? - A. Yes.

Q. That you are sure of? - A. Yes.

Q. Have you asked them at all about this matter? - A. No.

Q. However, they are living there? - A. Yes.

Q. Who dressed their dinner that day? - A. My mistress dressed the steaks in the kitchen, not in the tap-room.

Q. Your wife? - A. Yes.

Q. And who brought them up? - A. I brought them myself.

Q. Where is your pot-girl now? - A. I had a boy and a girl at that time; the girl is gone.

Q. They were both waiting at that time? - A. Yes; getting their pots in.

Q. Do you recollect the boy waiting that day? - A. No; I cannot say particularly that I do, I might give him a pint, and desire him to fill it.

Q. Do you know where your pot-girl lives now? - A. No.

Q. Was there any enquiry made by these people after her? - A. No.

Q. You and your wife have talked over this matter, I suppose? - A. Yes, we have, within this two or three days.

Q. You have not been desired to bring your wife here? - A. No.

Q. Where did Marriott lodge at this time? - A. With Mr. Spires, I understand.

Q. He was coming nearly every day to your house? - A. Yes; and sometimes twice a day, and generally every day.

Q. Then it did not strike you as a new thing to see them at your house? - A. No.

Q. It was not at all a particular thing to see them at your house? - A. No, not with Mr. Spires, it was not.

Mr. Gurney. Q. My learned friend has asked you, whether it was an extraordinary thing to see Marriot and Spires at your house, was it an extraordinary thing for them to dine with you? - A. Yes; Mr. Spires said, his wife was washing that day.

Q. The boy and girl were employed in getting in pots? - A. Yes.

Q. You yourself attended the house, and waited upon the customers? - A. Yes.

Q. There was a man and woman in the taproom, at the same time Spires and Marriot were there? - A. Yes.

Q. But they were in a different box, and you did not see them in conversation at all? - A. No.

Q. Marriott and Spires were conversing together? - A. Yes, quite sociable.

Q. Now, as to your reason for knowing this day, you say, the day before this you had nine butts of beer in? - A. Yes.

Q. Upon hearing it was the 22d that Marriott was charged with you, did you refer to your bill

relative to the beer? - A. Yes, and found that was the 21st.

Q. You said likewise, you went to the Borough market, and you are sure it was on a Thursday, being market-day? - A. Yes.

Court. Q. You say you had a piece of beef, was that for Christmas-day? - A. Yes.

Q. What occasion had you to buy the carrots on the Thursday for the Sunday dinner? - A. I thought it being a distance from the market, I could better go on the Thursday.

Marriott, Guilty Death . (Aged 32.)

Mackaway, Guilty Death. (Aged 25.)

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

Reference Number: t17970215-3

120. JAMES MARRIOTT was again indicted by the name of JAMES MERITT , together with JOHN BROWN , for burglariously breaking and entering the dwelling-house of Elizabeth Macintire , widow , about the hour of two, in the night of the 6th of December , and stealing seven hundred and ninety-two copper half-pence, value3l. 3s. a leather bag, value 1d. a pewter pint measure, value 1s. a pewter half-pint measure, value 6d. and a silk and cotton waistcoat, value 3s. the property of the said Elizabeth.(The indictment was stated by Mr. Gurney, and the case opened by Mr. Knowlys).(The witnesses were examined apart).

ELIZABETH MACINTIRE sworn. - Examined by Mr. Gurney. Q. You keep the Ship in Lombard-street ? - A. Yes.

Q. You are a widow ? - A. Yes.

Q. On the 6th of December, at night, what time did you go to bed? - A. Between twelve and one.

Q. Were you the last person up in the house? - A. Yes; me and the two girls went up to bed together.

Q. What day of the week was that? - A. Tuesday night.

Q. Jane Farren? - A. Yes.

Q. And who was the other girl? - A. A little girl.

Q. You went up together? - A. Yes; I went up last, the girls went first, and I followed them.

Q. Before you went up, had you fastened the house? - A. I locked the bar-door myself, and took the key up with me.

Q. Did you fasten the outer door of the house? - A. The girl, in Court, locked the street door, and bolted it.

Q. Was the property mentioned in the indictment in the bar? - A. Yes.

Q. What quantity of halfpence? - A. Upwards of thirty shillings.

Q. Was there a leather bag, and a pewter pint measure? - A. Yes; the bad halfpence were in the bag.

Q. Was there a silk and cotton waistcoat? - A. Yes; in the same drawer.

Q. What time in the morning did you get up? - A. Between seven and eight.

Q. In what manner were the half-pence wrapped up? - A. In two or three parcels, in five shilling papers, wrapped up; the others were loose in the bag; one parcel was in a paper that I received from Messrs. Osborne and Priddle, of Snow-hill.

Q. How was the other wrapped up? - A. In paper, but there was no particular mark on it; on the paper I received from Messrs. Osborne and Priddle, there was an account of some butter I received from them.

Q. You got up between seven and eight o'clock, was it then light? - A. No, it was not light; our house is very dark; I came down stairs, and one of the lodgers was just going out as I came down stairs.

Q. What is his name? - A. Patrick Caffrey.

Q. In what condition did you find the bar? - A. Before I came down stairs, he knocked to be let in again; in going to let him in, I found the bar door open.

Q. Did you go into the bar? - A. I felt immediately that the lock was torn off the bar door, and part of the wood-work with it; I was very much alarmed; I sat down, and called to the girl to strike me a light; as soon as I got a light, I found the bar in very great disorder; I found the bottles were taken down off the shelf, and the basons and every thing was in very great confusion; I opened the drawer, and missed the waistcoat; at the same time I missed the bag with the halfpence; they took away a pint measure of halfpence, but I did not miss it at that time; I had other lodgers in the house; I desired Cassrey to go up and see if they were all up.

Q. Did you find the cellar door open? - A. Not till the afternoon.

Q. Was there any appearance of violence on the outside of the house? - A. there was a piece slipped off the door of the cellar window, and part of the slap was trod upon in getting down into the cellar.

Q. That cellar door is not opened, I suppose, in the usual course of the business? - A. It is never opened but when we take in beer.

Q. When was it opened before? - A. The 23d

of November, to let the buts down; it is never opened upon any other occasion.

Q. Had it been opened to your knowledge between the 23d of November and this time? - A. No.

Q. After it had been opened for the purpose of admitting beer, in what manner was it usually fastened? - A. Bolted.

Q. Can you speak to the fact, whether any time before this night the door was bolted? - A. I saw it bolted the 23d of November.

Cross-examined by Mr. Knapp. Q. Were you a widow on the 6th of December? - A. Yes.

Q. Has any body else a part in the business of the house? - A. No.

Q. You stated to the Court, that the bag contained a good many bad halfpence; how many bad halfpence might there be? - A. I lost about thirty shillings in bad money.

Q. How many good ones were there? - A. Thirty or forty shillings, or more; they were in the pint measure.

Q. There were not above three or four or five shillings good? - A. No.

Court. Q. Supposing a person had broke open the cellar-door, and got into the cellar, how would they get into the tap-room? - A. The cellar opens to the stairs; there was nothing to hinder them.

Q. The slap of the cellar is even with the street? - A. Yes.

Q. And the cellar is under the house? - A. Yes.

Q. Is the door upright, or flat upon the ground? - A. The door is upright, but there is a slap on the ground to let the butts down.

Q. Supposing any person got into the cellar, how could they get to the bar? - A. There is a pair of stairs comes up opposite the bar.

Q. The stairs are in the house? - A. Yes.

Q. You mean the stairs that lead down to this cellar? - A. Yes.

Q. If once they got into the cellar, there was an easy communication to the bar-door? - A. No, to the house; the bar-door was locked; this is a common stair-case to the house.

Q. When they got in by this cellar-door, there was a communication to every part of the house? - A. Yes.

Q. Was any thing else in the house broke open, but that which you describe? - A. Nothing at all.

Q. Are you aware of any other mode by which a person could get into your house that night, but by this cellar-door; - A. No.

Q. How much of this door has been slipped off? - A. Only a small piece, as if some means had been used to force it.

Q. Where was the bolt, on the inside of the door? - A. On the inside of the door.

Q. You say, the part that was broke; do you apprehend, by that part that was broke, any body could get at the bolt? - A. I think they could; the bolt appeared to be slipped back, I did not perceive any injury that had been done to it.

Q. Do you think any person could have got at the bolt by the piece that was slipped away? - A. I don't suppose they could.

Q. Do you suppose the bolt had been opened within? - A. No; I suppose it was open on the outside, by something that forced it open.

Q. Do you thing any instrument could be used to put back the bolt? - A. I think there was.

Prisoner Brown. In this lady's house there is a privy, that goes by the bolt, every body that uses the house has a communication with the privy; any of the lodgers might put back the bolt.

Witness. They go past the door to the privy.

Court. Q. In the inside of the house? - A. Yes.

Q. You locked the bar-door? - A. Yes.

Q. And found it open in the morning? - A. Yes.

Q. Were there any force used to it? - A. The lock was torn off, and part of the wood work.

Q. Was the drawer locked? - A. No.

JANE FARREN sworn. - Examined by Mr. Knowlys. Q. You was servant to Mrs. Macintire the night this happened? - A. Yes; we went to bed between twelve and one.

Q. Do you know who secured the front door of the house? - A. Yes, I did; I locked and bolted it.

Q. Was your mistress gone to bed when you went to bed? - A. No; we both went up to bed together.

Q. Are you sure you left the front door fast? - A. Yes; they were all safe when I went to bed.

Q. You was not the first person that came down in the morning? - A. No.

Cross-examined by Mr. Knapp. Q. How many lodgers have you then? - A. Five.

Q. Were they all at home that night? - A. Yes.

Q. The bolt was in the inside? - A. Yes.

Q. If they wanted to go out, they could push back the bolt? - A. Yes.

ARCHIBALD CAMPBELL sworn. - Examined by Mr. Knowlys. Q. I believe you are a journeyman printer? - A. Yes.

Q. Who do you work for? - A. Mr. Hamilton.

Q. Did you lodge at Mrs. Macintire's at the time this business happened? - A. Yes.

Q. What time did you go to bed that night? - A. I don't recollect rightly.

Q. Before twelve? - A. Yes, I believe, before twelve.

Q. Were you in bed before Mrs. Macintire? - A. Yes.

Q. What time did you come down in the moraing? - A. About ten minutes before six.

Q. Is that earlier, or later, than your usual time of going to business? - A. Rather later.

Q. Did you go out at the street-door? - A. Yes.

Q. How did you find the door? - A. Upon the spring-lock; there was no key in the door.

Q. Do you know whether any of the other lodgers were up at that time? - A. No; I don't know.

Q. You found nobody up in the house? - A. No.

Q. As you passed by the bar, did you observe any thing? - A. I could not see, it was dark, but groping along the bar-door gave way about half an inch, but I suspected nothing at that time.

Cross-examined by Mr. Knapp. Q. Whether any body else was up you don't know? - A. No.

PATRICK CAFFREY sworn. - Examined by Mr. Gurney. Q. You lodge in Mrs. Macintire's house? - A. I do; I got up between seven and eight the morning after this happened.

Q. Did you go out of the house? - A. I did.

Q. Did you return? - A. I did.

Q. Upon returning, what did you find? - A. I came back in five minutes after I went, and heard Mrs. Macintire upon the stairs, coming down; I had my hand on the door.

Q. Did she let you in? - A. She did.

Q. How did you find the bar-door? - A. I did not see any thing of that; in consequence of her desire, I went up to see if any of the lodgers were out or not.

Q. Did you find that any of the lodgers had gone cut? - A. None of the lodgers before me, except Archibald Campbell; I found two in bed, and one answered me in his room.

Cross-examined by Mr. Knapp. Q. Campbell was out? - A. Yes, he went out before me; there were five in the house, and three were in bed, at least in their apartments at the time.

JOHN LOWNDES sworn. - Examined by Mr. Knowlys. Q. You are a patrol of St. Dunstan's? - A. Yes.

Q. Do you know Mrs. Macintire's house? - A. Yes. On the 6th of December, about a quarter before three o'clock, as I was coming up Fleet-street, I saw Brown and the prisoner Meritt, he gave in his name Bond at the round-house.

Q. Was there any body near him? - A. Brown and Bond stood close together; Meritt gave his name in Bond.

Q. Where did they stand? - A. Just in Fleet-street, by the Green-dragon, which is one door from Lombard-street.

Q. How far down Lombard-street is Mrs. Macintire's from Fleet-street? - A. One or two doors from Fleet-street; I saw them there, and passed by them; I was not satisfied, I thought they were about no good, I turned back when I had got about twenty yards, and they were both gone; I told Wigg to assist me, I turned back, I saw Bond, he was come back into Fleet-street, facing Lombard-street; I asked him what he was doing there; I told him he was upon no good.

Court. Q. Did you come back alone? - A. I came back alone, and Wigg came round to meet me; he said he was waiting there for somebody being up at the Green-dragon, to have something to drink; I asked him what he was; he said he was a printer, and worked over the way; I said, you do not.

Q. There is a Printing-office nearly opposite? - A. Almost; upon that, Wigg came up, and I caught hold of him, and told Wigg to assist me, and we took him to the watch-house, and I gave charge of him to Denham, the watch-house-keeper; Davis, one of the watchmen, was sent for, and him and me were taking him to the Compter.

Court. Q. After the charge was given? - A. Yes; Pitt went a part of the way down Fleet-street with us, and then left us; as we were going down Fleet-street, opposite to Bouverie-street, we met Brown, and another man with him, Davis was before me; Brown Clapped a pistol to Davis's head.

Q. Had you known Brown before? - A. Yes; he said, you bl-y b-r, let the man go, or I will blow your brains out; in consequence of that, we let him go.

Q. Did you observe the pistol, whether any thing was done with it? - A. I saw the pistol strike fire, but it did not slash in the pan; then I let Bond go, and cried, stop thief, as soon as they turned their backs; Bond, and the other man, turned down Water-lane, and Brown down Bouverie-street, he got out of my sight; he was taken by one of the Blacksriars watchmen.

Q. Bond and the other man got clear off? - A. Yes.

Q. Brown you had known before? - A. Yes; we had had him in the watch-house before.

Q. Do you know the other prisoner? - A. Yes; we had him in our custody half an hour before.

Q. You are sure he is the man Brown rescued? - A. Yes.

Cross-examined by Mr. Knapp. Q. You apprehended him in Fleet-street? - A. Yes.

Mr. Knowlys. Q. How far from Mrs. Macintire's door? - A. About twenty yards.

JAMES DAVIS sworn. - Examined by Mr. Gurney. I am a watchman. On the night of the 6th of December, about three o'clock, or a little under or over, Lowndes brought the prisoner Meritt in custody to the watch-house; the keeper of the watch-house sent for me to go with him to the Compter; and as John Lowndes and me were going down

Fleet-street, between Bouverie-street and Silver-street, the prisoner Brown, and another man, unknown, jumped from the opposite side of the way, from between Bouverie-street and Lombard-street, and put a pistol to my head.

Q. On which side of the way were you? - A. On the left-hand side, opposite Bouverie-street, the Fetter-lane side; Brown, and the other man, came from the opposite side; Brown put a pistol to my head, and made use of a very uncommon expression, and said, if I did not let the prisoner go, he would blow my brains out; he snapped the pistol, there was fire from the flint and hammer, but it did not slash in the pan; upon that, I let the prisoner Meritt go, he ran on the other side of the way after Brown; I sprang my rattle, and called stop thief; Brown ran down Silver-street towards Whitefriars, I ran after him.

Q. Silver-Street and Bouverie-street are all one? - A. Yes.

Q. Did you find Brown again? - A. I found him in the custody of Sullivan, a watchman in the Friars, and Wigg, a watchman of St. Dunstan's, in less than half an hour after I sprung my rattle.

Q. Where did you find him in their custody? - A. Somewhere about Lombard-street.

Q. Are you quite sure he is the same person that snapped the pistol at your head? - A. I am quite sure he is the same person.

Q. Had you ever seen him before? - A. Yes; in the night, and taken him to the watch house; I knew his person and voice perfectly well.

Cross-examined by Mr. Knapp. Q. All the violence with the pistol was on the part of Brown? - A. Yes.

GEORGE WIGG sworn. - Examined by Mr. Knowlys. I am a watchman of St. Dunstan's: On the night this happened, about a quarter before three in the morning, Lowndes, the patrol, passed me in Fleet-street, I told him all was well; he passed the passage, and then came to my box, and told me there were two fellows, and ordered me to go round by Silver-street; I went round, and met him at Lombard-street, there was only one then, Meritt.

Q. What is the other name Silver-street has? - A. Bouverie-street.

Q. You only observed one, and that was Meritt? - A. Yes; he was speaking to Lowndes.

Q. Where were they? - A. In Fleet-street, the top of Lombard-street; Lowndes chastized him, and asked him what business he had there, and told him he had seen him there some time; he told him he was waiting for the Green-dragon opening, that he might have some refreshment; the patrol told him, he had seen him lurking about there, and he would take him to the watch-house; by that means, he and I took him to the watch-house.

Q. Are you sure he is the man you took, to the watch-house? - A. Yes, I am certain of it, he went by the name of Thomas Bond; I saw him examined, and then I went to my beat.

Q. What was the next thing that happened? - A. I went to the watch-house, and saw the patrol coming out of the watch-house with Meritt in his custody; I was informed, by Sullivan, that he was about the passage; when we were coming down I met Pitt, one of our patrols, I went down to Sullivan to have him come up, to see if he knew the prisoner; as we and Pitt came into Lombard-street, we heard the alarm of stop thief; Pitt ran first, he was the first man; I ran after him, and Sullivan after me, we ran into Bouverie-street.

Q. Who were you pursuing there? - A. We did not know, we thought it was Meritt we were pursuing, but it turned out to be Brown; the prisoner at the bar coming out of Siver-street, Pitt saw Brown and struck at him, but there being a good deal of ice on the ground, Pitt sell, he called to us, and we ran after him, and caught him in a place, I believe they call, George-alley, in the ruins that leads into Water-lane; when I saw him first of all, he was raising himself from a binn, where they throw dust in; before we got to him, he laid his arms on the binn, and his head on his left arm, till we came up to him, and raised him up from the binn; we raised him from the binn, and Sullivan knew him very well, and said, is it you, John, and then we took him to the watch-house.

Q. I don't know whether you were present when any thing was found in the binn? - A. I was not, I saw him searched in the watch-house.

Q. Was Denham, the watch-house keeper, present when he was searched? - A. He was.

Q. What was found upon him? - A. There was a waistcoat found in his great coat pocket.

Q. Do you recollect who took the waistcoat out of his pocket? - A. No; Denham and Pitt searched him, one of them took it out.

JOHN SULLIVAN sworn. - Examined by Mr. Gurney. I am a watchman.

Q. On the night Brown was taken, were you in Lombard-street? - A. Yes; all hours of the night; about three o'clock the patrol called upon me; I had heard a noise after two o'clock.

Q. Where did that noise seem to come from? - A. Either Mrs. Macintire's, or Mr. Dowdney's, their houses join; at first I heard, what I thought, a shutter broke open, and then a noise of some bottles and glasses; I went to Mr. Dowdney's, and Mrs. Macintire's house, and saw nothing amiss.

Q. Sometime after, did you hear any alarm? -

A. Yes; after three o'clock, Pitt, the patrol, called upon me.

Q. Did you pursue any body? - A. Yes, the prisoner Brown; I found him in George-yard, lying with his hands over a dust-hole, I called out to the others that I had found him, they assisted me, and we took him to the watch-house; I heard in the watch-house, in the presence of Brown, that he had attempted to shoot Davis, with a pistol; and after I had taken him to the Compter, I went back to the dust-binn, and searched the dust-binn, and found a pistol there.

Q. How long was that after you had taken Brown? - A. About half an hour.

Q. Was the pistol loaded? - A. It was.

Q. Was the priming in? - A. Yes.

Q. Was the powder dry or damp? - A. I did not examine that, I gave the pistol to Pitt, and we went together to the watch-house, and it was given to Fidler, it was unscrewed, and I found it loaded with ball.

Q. And powder? - A I did not see that.

JOHN FIDLER sworn. - Examined by Mr. Knowlys. I was constable of the night; this evening I received a pistol from Sullivan.

Q. Did you see whether it was loaded or not? - A. I did not, that night, it was a screw barrell; I took it to the gunsmith's, he unscrewed it, and it was loaded with powder and ball, it is in now; the powder in the priming appeared to me to be damp.

Q. Were you present when Brown was searched? - A. I was not; the waistcoat, some keys, a knife, and a pair of gloves, and some halfpence, twenty-seven shillingsworth, or thereabouts; they were all loose when I saw them lying with the paper on the table; I received them from Denham, they have been in my possession ever since.

JOHN DENHAM sworn. - Examined by Mr. Gurney. I am watch-house keeper, at St. Dunstan's.

Q. On the 6th of December, was Brown brought to your watch-house? - A. He was; I searched him, and took out of his great coat pocket, about twenty-seven shillings in halfpence.

Q. Were any of them wrapped in paper? - A. Yes.

Q. Were the papers full, or any part gone? - A. They broke in my hand; I saw the patrol, Pitt, take the waistcoat out or his pocket.

Q. Did you see any body else take any thing out of his pocket? - A. No.

Q. Did you give them to Fider? - A. Yes.

Mrs. Macintire. This waistcoat is my property; I left it in the drawer in my bar on the night of the 6th of December.

Q. Are these the papers in which your halfpence were wrapped up? - A. They are, I had this paper from Osborne and Priddle, on Snow-hill.

WILLIAM WARD sworn. - Examined by Mr. Knowlys. I am journeyman to Osborne and Priddle, cheesemongers, upon Snow-hill, Mrs. Macintire is a customer at our house; this paper, I believe, came from us, it has my writing upon it, I sent it with some bad halfpence wrapped in it.

Court. Q. How came you to send bad halfpence there? - A. They sent a quantity of halfpence for goods, and what were bad, I sent back.

JOHN TOWNSEND sworn. - Examined by Mr. Gurney. I am an officer of Bow-street; on the 31st of December, I apprehended the prisoner Meritt, with five others, at a public-house, in Shoe-lane.

Court. Q. What is the name of that public-house? - A. I don't know, I think it my duty, in justice to the publican, to state that from the information I received, it was the first time they had been in that house; I searched Meritt, and found some picklock keys, and a few matches and phosphorus.

Cross-examined by Mr. Knapp. Q. This was three weeks after the robbery had been committed? - A. Yes; in short we apprehended him on suspicion of a highway robbery.

Meritt left his defence to his Counsel.

Brown's defence. I have nothing to say, but to beg the mercy of the Court.

Meritt. Though I was at Bow-street, and advertised, I never heard any thing of this charge, till I came into this Court, and heard it read over, and therefore I can say nothing at all upon it.

Meritt, GUILTY , Death . (Aged 32.)

Brown, GUILTY, Death. (Aged 24.)

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970215-4

121. JOSEPH BARNES was indicted for feloniously stealing, on the 27th of January , a gelding, value 5l the property of Edward Vincent .

EDWARD VINCENT sworn. - I live in Lower Thornhaugh-street; I was in London at the time of the robbery.

Q. Have you any residence at South Mims ? - A. Yes; a country-house; I lost a gelding, I was informed of it two days after by George Barnes .

GEORGE BARNES sworn. - I am servant to Mr. Vincent.

Q. Do you know any thing of the loss of a horse of Mr. Vincent's? - A. Yes, a bay horse, we lost it last Friday fortnight in the evening; it was in the farm-yard at South Mims; I saw him about six o'clock in the evening, and I missed him about six o'clock on the Saturday morning.

Q. Was the yard fastened? - A. No otherwise than the gate shut.

Q. Was the gate shut when you looked in the morning? - A. No.

Q. Are you sure you left it shut? - A. Yes.

Q. Were there any other horses in the yard; - A. Yes, one mare; they were both gone, the mare was got into a neighbour's yard.

Q. Are you sure you fastened the gate of the yard? - A. Yes.

Q. When did you see this horse afterwards? - A. On the Saturday week, at the office in Worship-street.

Q. How do you know it to be the same horse? - A. I am very certain it was the same horse, he had some white on his face, and some white spots on the back, and some spavin on his off hind leg.

Q. Was it a riding horse or a draught horse? - A. Between the one and the other; sometimes we used to ride it, it was used generally for drawing.

HUGH SANDIMAN sworn. - Q. Do you know the prisoner, Joseph Barnes ? - A. I do.

Q. Have you had any dealings with him about a horse? - A. I have, I am a horse-slaughterer.

Q. Where do you live? - A. In Haggerstone-lane, Shoreditch; I bought a bay horse of the prisoner, the 27th of January.

Q. What day of the week was that? - A. On the Friday.

Q. What time of the day? - A. Between the hours of twelve and one; between Friday night and Saturday morning.

Q. What passed between you and him-whose horse did he say it was? - A. One Mr. Brown's at Hertford.

Q. Did he say any thing more about it? - A. He told me he came up early in the morning with seeds to Spital-fields market.

Q. How came you up so early? - A. I was not up, he called me up.

Q. Had you seen him before? - A. Yes, many times.

Q. He knew where you lived? - A. Yes.

Q. You had known him some time before? - A. Yes.

Q. What did you give him for the horse? - A. Twenty-five shillings for his master, and a shilling for himself.

Q. What were you to do with this horse? - A. When he came in he gave me his name; Will, says I, what is the matter with this horse? he said, his master's farrier said it was glandered, and he would not trust it along with the other horses.

Q. You called him William? - A. I called him Will, he gave me that name, Will.

Q. Did any thing more pass? - A. Nothing more at that time at all.

Q. When did you hear this was a stolen horse? - A. I sold it again to a man that works with me occasionally, John Wilshire.

Q. When did you sell it? - A. On the next day, to the best of my knowledge.

Q. What did you sell it for? - A. Three guineas.

Q. Do you know any thing more? - A. No, only the apprehension of him; I apprehended him myself in Kingsland-road, opposite the White-hart, on the 2d of this month, about eleven in the day.

Q. Did you tell him what you apprehended him for? - A. When I came up (I was going to take a coach to go to Hertford, to the man he said was his master), I looked on my left hand, and saw the man; I was heartily glad, I went up to him and took him by the hand, and asked how he did; he said, very well, he was glad to see me; I said, I was glad to see him; he asked where mistress was; I said, over the way; I gave charge of him; he said, what, my own cousin to go against me?

Q. You are related to him? - A. I am not related; his own cousin is Squire Vincent's servant; he would insist upon seeing his master's property that he sold to me; I sent my wife to bring the horse up to him, and when he saw the horse, he said, I am a done man, or a dead man, I cannot say which; he went down on his knees, and said, I hope for God's sake you will not hurt me.

Q. You are sure that the horse was the horse you bought of him? - A. Yes.

Prisoner. I never knew the man, so I have nothing to ask him.

JOHN WILSHIRE sworn. Q. Did you buy a horse of Hugh Sandiman? - A. Yes.

Q. What coloured horse was it? - A. A red one.

Q. What day did you buy it of him? - A. The 30th of January.

Q. Where is that horse? - A. Esquire Vincent has got it.

Q. What did you do with the horse after you bought it of him? - A. I took it home, and had four new shoes on it.

Q. Is it in your possession now? - A. No; the gentleman has got it that belongs to him.

Q. Is the horse you bought of Sandiman, the same horse Vincent has now? - A. Yes.

Q. (To Vincent.) I understand that you have the horse Wilshire bought of Sandiman? - A. Yes; it was delivered to George Barnes, the witness examined after me; I cannot recollect the day, but it was delivered by the order of Justice Colquhoun, last Saturday week, I believe.

Q. Is that horse your property? - A. Certainly.

Q. Will you mention the marks of the horse?

- A. I cannot; I have hardly seen it since I bought it; I am acquainted with the horse by sight, but cannot describe the marks of it.

Q. You was not there at the time the horse was lost? - A. No.

Q. You lest it in the care of Barnes? - A. Yes.

GEORGE HUDSON sworn. - I was sent for to take charge of the prisoner at the White-hart, opposite where he was apprehended.

Q. Did any thing pass between you and him? - A. He said a good deal at the public-house; he threw his hat on the ground, and sell on his knees, and held his hands out to Mr. Sandiman and another person, and begged for God's sake they would not hurt him, for he was the person that sold the house that was stole.

SAMUEL HARPER sworn. - I know nothing about it, only being one of the officers at Worship-street, and being desired to deliver up the horse to the servant.

Q. (To Sandiman.) You say, that when you charged the man, he insisted upon seeing the horse? - A. He did.

Q. You got the horse, and shewed it him? - A. Yes; we got it in half an hour; I sent to Wilshire's stable for it, in Northampton-treet, Clerkenwell.

Q. Who carried the horse to the office in Worship-street? - A. Wilshire himself.

Q. Was you there when Wilshire brought it? - A. I was, and had the prisoner there.

Q. It was the same horse? - A. It was.

Prisoner's defence. The time this happened I was at work; my witness did not expect I should be brought up till to-morrow.

GUILTY Death . (Aged 25.)

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

Reference Number: t17970215-5

122. JOHN BILES was indicted for feloniously stealing, on the 9th of February , a gold watch, value 20l. a gold chain, value 30s. a cornelian seal, set in gold, value 20s. and a gold key, value 5s. the property of Alexander Macdonald , Esq. in the dwelling-house of Charles Bigger.

ALEXANDER MACDONALD , Esq. sworn. - The prisoner has been employed by me since the end of January last in copying writings in my lodgings, it the Spring Gardens Hotel; I have lodged there occasionally since the 16th or 18th of December; I went down to Chatham barracks, and I returned, I think, the 2d of February; the prisoner did not write in my lodgings during my absence; he did after my return; I have the honour of raising a regiment for Government, he is a recruit belonging to the regiment; he was enlisted the end of January, and attested about the 4th of February; on the 9th of February I had occasion to look for a gold watch I had deposited some days before in a portmanteau trunk; it was in my bed-room; I put it there after my return from Chatham barracks; I went to the trunk and could not find it; there was a padlock upon it; I left it locked, and I found it locked; the trunk has two padlocks; I found one on it; I am not certain whether I left more than one on it; on not finding my watch, I recollected that the day preceding, the 8th of February, on looking for some papers, that I took out this watch, and placed it on a toilet table, close by the portmanteau; of course it occurred to me, that I had not replaced it in the portmanteau, but was convinced it was stole out of the room; I made every possible search, but could not find it; and while I was preparing to go to Bow-street to lay an information, two of the Bow-street officers came into my room with the prisoner; one of them was Rivett; they enquired if I had lost any property; I replied, I had lost a watch; they said, it was found; I went with the officers to Bow-street, and my watch was produced by Mr. Purse, a pawubroker.

Q. How was the prisoner at the bar employed in your lodgings on the 8th and 9th? - A. He was there on the 8th, in the room where I left the watch.

Q. What time of the day did you see him there? - A. To the best of my recollection I did not see him there after two o'clock; he might have been there after, because I went out at that time; I did not leave him there; he went out between one and two, and told me he was going to dinner.

Q. Can you be certain that was before you went out? - A. I am certain he went out before me.

Q. Are you sure it was before or after he went out, that you laid the watch on the toilet? - A. Before he went out, an hour and a half, I believe.

Q. It's being left there was forgetfulness on your part? - A. Entirely.

Q. Did you see any more of him that night? - A. I don't believe I did; he generally stays in the office till after five; when I returned, he was not there, and I saw no more of him till he was brought to me by the officers.

Q. Who keeps this house? - A. The hotel is kept by Charles Bigger , the coffee-house is kept by Mr. Green.

Q. They both live in this house, I suppose? - A. They both live in the house.

Q. You knew your watch again? - A. Yes; I swore to the watch and seal at Bow-street.

GEORGE PURSE sworn. - I am a pawnbroker in the Strand; the prisoner brought the watch to me on the 9th of this month, about eleven o'clock in the morning; he said he brought it from a gentleman to pawn; I asked him what gentleman, and

he said he lived in Westminster, next door to the Coach and Horses; I asked him the gentleman's name; he said, he did not know his name, that he had been acquainted with him about a fortnight; I told him it was not like that a gentleman, whose name he did not know, and who had been so little while acquainted with him, would trust him with a watch of that value; he begged of me to let him have the watch again, and he would tell the gentleman what I told him; I told him I could not do that, I would walk with him to the gentleman; I walked with him; he said, he lived at the Coach and Horses himself, but instead of going to the Coach and Horses, he was going over Westminster-bridge; I asked him where he was going.

Q. Where is the Coach and Horses? - A. I don't know that there is such a sign; he said, the other side of the bridge he meant where the Coach and Horses was; I told him that I would not go any farther with him, that I did not believe that he was telling me the truth; so, standing there some time, and considering whether I should go with him or not, I called to some watermen at the bridge to know if there was such a sign; they said, there was no such sign nearer than half a mile; I told him I did not believe what he was saying was true, and I would take him back again; he said, he would go back with me; I took him then to Bow-street.

Q. Did you tell him you was going there? - A. No; I told him I would send somebody with him to find the gentleman, who had more time than I had; when I took him to Bow-street, I told Justice Addington what had happened, and he sent two officers with him to find out the gentleman.

Q. Did you go with him? - A. No.

Q. Did he say what he wanted to borrow on the watch? - A. No; he asked what I would lend, and said he would let the gentleman know; I have the watch. (Producing it.)

Q. That is the watch you received of the prisoner? - A. Yes.

Macdonald. This is my watch, I know it by the name of the maker, it is capped and jewelled, and by the cut paper in the inside; it was made for me in the year 1794; the officer has the chain and seal; there is my cypher and crest on the seal.

JOHN RIVETT sworn. - On Thursday, the 9th of February, the pawnbroker, Mr. Purse, brought the prisoner to Bow-street; when the gold watch was produced before Justice Addington, the prisoner said he had it from a man over Westminster-bridge; Justice Addington desired me and another office, to go with me to find out the man; as we were going down that way, he told us he had it from Mr. Macdonald.

Q. What promse did you make him before he told you that? - A. We said, it would be better for him to tell the truth; the chain and seal we found in his waistcoat pocket.

Q. (To Purse.) Had the watch he offered you any chain and seal? - A. No. (They were produced and deposed to by the prosecutor.)

Prisoner's defence. I took the watch, not thinking of the consequence of it.

Prosecutor. The boy behaved very well previous to this transaction; the people in whose house he lodged gave him a good character.

GUILTY, (Aged 16.)

Of stealing, but not in the dwelling-house .

Transported for seven years .

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

Reference Number: t17970215-6

123. WILLIAM HAYNES and JOHN TOMKINS were indicted, for that they, on the 19th of January , in a certain field and open place, upon Thomas Jarvis did make an assault, putting him in fear, and taking from his person a silver watch, value 40s. and 14s. 6d. in monies numbered , the goods and monies of the said Thomas.(The case was opened by Mr. Knowlys.)

THOMAS JARVIS sworn. - Examined by Mr. Knowys. I am an auctioneer , at Longford: I was at the Five Bells at Harmondsworth on the 19th of January; Mr. Firbin, and Mr. Stent, and I, were in company there, and nobody else in that room.

Q. What time was it when you left the Five Bells? - A. Almost nine.

Q. How far is it from the Five Bells to where you live? - A. Not a mile; Mr. Firbin came out with me, and came across the street at Harmondsworth, and there he left me.

Q. How far had you gone towards Longford when you were robbed? - A. There is a lane comes down from Harmondsworth to a field, which is a common foot way to the parish church of Harmondsworth; I live at Longford , which is in the parish of Harmondsworth.

Q. How far had you got before you was robbed? - A. About a quarter of a mile, or a little more, from where Firbin had left me; when I had got into the field, just before I got to what we call the cross-path, the church clock finished striking nine exactly as I got to the cross-path; I had not gone an hundred yards further before I was attacked; two persons appeared to be standing and waiting for me, they were standing quite still in the path that I was going; William Haynes , when I came up, took me by the breast.

Court. Q. Do you mean to say that William Haynes was one of those two persons? - A. Yes, he was; he took me by the breast, and repeated the words, your money, your money, two or three

times; I replied, my lad, perhaps you are in liquor, saying your money is a very serious thing, I will treat you with any thing you require to drink; after I had said that, I said to him, it is a very serious thing to say your money; he made me no answer; then I said, the other man, that was standing by him, whom I believe was Tomkins, knew him if I did not, and he would, perhaps, tell him of it another night when they sell out; immediately, upon which, Haynes struck me a very violent blow upon the side of my head, without speaking to me; the violence of the blow knocked me down, and knocked my hat off; as soon as I could recover my feet, I put my hand towards his breast, and said, my lad, the blow has hurt me very much; I desired him to say, upon his honour, he would not strike me any more, and I would believe him; the little money I had got was no object to me, and I would give it to him; I then gave him, out of my right-hand breeches-pocket, fourteen shillings and sixpence, which is the whole money I lost; he put his hand to the outside of my left-hand breeches-pocket, and I told him there was nothing there, I did not put money in that pocket, I had nothing but some small papers; Tomkins never spoke to me all the time that I know of, he stood three yards off, I believe, one part of the time; he then put his hand into my right-hand breeches-pocket, and searched to the bottom, and, I suppose, feeling for my mony felt my watch, for he got hold of the chain, and pulled it out; as he had hold of the chain, I caught hold of the watch; I said, my lad, don't take the watch, for it is an old silver watch, of no great value to you; he then said, he would have the watch; and, I think, he said by God; and in attempting to pull the watch out of my hand, he pulled the chain from the watch, and left the watch in my hand; I said, my lad, if you will have the watch take it, and then he took the watch from me; after that, I told him he would be sorry for taking the watch; I was afraid I had said too much; then he and Tomkins went away to a small distance from the path, upon the corn land, a few yards off, not ten; I then said, now, my lads, do find my hat for me, for it is the only hat I have got; they had knocked it off with the blow, and I saw no more of it till next day; I told them the blow has hurt me so much that I cannot see the hat, or you either; they made me no answer, nor did not come back to me, but went away across the common field, not in any road at all, across the corn land, to a place called Ash-lane, and I came along the foot-path home to my own house at Longford.

Mr. Knowlys. Q. What was your watch and chain? - A. A silver watch, by Rowe, and the chain steel.

Q. You speak of Haynes positively? - A. Yes; I had known him from a child in petticoats; Tomkins I don't speak of positively, it was his size and appearance, but I did not remark his face; as he never spoke to me I did not pay any attention to his face; Tomkins has lived in that neighbourhood, I believe, all his life time; I suppose I have known him more than thirty years.

Q. Whoever the person was, did he stay with Haynes all the time he committed the robbery, and go off with him when it was completed? - A. Yes, the whole time.

Q. How long after this were these two men taken up? - A. The next afternoon; and they were examined before Mr. Bishop the next morning after, which was Saturday.

Q. Do you know whether what they said was taken down in writing? - A. I believe it was.

Cross-examined by Mr. Alley. Q. You was in their company at the public house? - A. No; I never saw them till they stopped me.

Q. Is this foot-way, where you were stopped, the way leading to your house? - A. Yes.

Q. Also, the public foot-way from this village to the Bath road? - A. It is.

Q. You have told us that you are very certain with respect to Haynes, that he was the person that stopped you, and demanded your money? - A. He did.

Q. Haynes had been a long time living in that neighbourhood? - A. He was born in that neighbourhood.

Q. And therefore must have known you? - A. I believe they both agreed to rob me before I left the public house.

Court. Q. I wish to know whether you don't think that Haynes knew you? - A. I know he did.

Mr. Alley. Q. Then Haynes must have known you as a public man in that neighbourhoop? - A. I have told you so.

Q. The other prisoner knew you? - A. Yes; I have paid him money many times for his work.

Q. Then you mean to say, notwithstanding this, that these men ventured to stop you? - A. Yes.

Q. I believe these men afterwards, when they were taken the next day, were taken at the usual place where they had been at work? - A. No, they were not; Tomkins was taken at the same public-house where I was the night before, the Five Bells; my servant and the constable took him; I was there immediately after he was taken.

Q. This was in the afternoon of the next day? - A. Yes.

Q. And therefore an entire day had elapsed? - A. Not entirely; and then my servant and the constable went and fetched the other.

Q. You mentioned before your neighbours, that you had been robbed? - A. No doubt of it.

Q. It must have gone abroad in the neighbourhood from your report? - A. Yes.

Q. And notwithstanding this, the man was taken at the same public-house? - A. Yes.

Q. Have you always been as positive to Haynes? - A. When Haynes was brought into the public-house, I looked in his face, and said, I did not want any further proof, and I told the constable and my servant, to take Haynes to Longford, that they might not be together; they were both then at the Five Bells; I ordered my servant to come back, after he had taken him to Longford, and see me safe home, which he did.

Q. I believe, when you made this observation, that you required no more of him than to look in his face, it was after he was brought in in custody? - A. Yes.

Q. Had you ever mentioned to any body, previous to this time, that Haynes was the man that robbed you till you had seen him? - A. I had been to Mr. Bishop, and sworn that he was, and he granted a warrant.

Q. I believe, the information you gave to Bishop, was, that Haynes and another man had been at a public-house where you was, and therefore you believed he had robbed you? - A. I did not say any such thing.

Q. You called upon the prisoner after he was in custody at the watch-house? - A. I never knew he was in the watch-house.

Q. Where was he kept in custody, before he was brought to the Magistrates? - A. He was taken to the White Horse at Longford.

Q. You called upon him there, I believe? - A. Only once; I went down with my man to see that he was safe, he was then in the custody of the constable, that was the evening he was taken.

Q. Was that the only purpose you went for, to see that he was safe? - A. Yes.

Q. You did not go for the purpose of any conversation with him? - A. No.

Q. What time of night was this? - A. Immediately after the clock struck nine.

Q. I believe, at that time it was dark? - A. It was darkish.

Q. You said, before the Magistrates, it was so dark, you could not see a yard before you? - A. I never said so at all.

Q. May I ask, whether you had been dining in company? - A. I don't know that I had been dining at all that day, I went from my own house about four o'clock.

Q. You had not dined that day? - A. I had, most likely, I had not been from home.

Court. Q. Do you recollect whether you had dined that day, or not? - A. Most likely I had of course, at home.

Mr. Alley. Q. Then if I ask you, if you were at any parish feast that day, of course you will tell me you were not? - A. I was not.

Q. How long had you been at this public-house? - A. Perhaps it might have been two hours, not three.

Q. How might you have been employed during the time at that public-house? - A. Smoaking my pipe, and drinking some ale, and some rum and water.

Q. Then three hours were employed in smoaking, and drinking ale, and rum and water? - A. Not three hours, it was more than two.

Q. When you went from the house, you did not observe any body going before you? - A. No.

Q. How far was you from the house, before you met with the persons that robbed you? - A. A little more than a quarter of a mile.

Q. At the time, I believe, that you met them, they were coming towards you? - A. Did not I tell you they were standing still; I did not see them move at all.

Q. I beg you will answer me decently, Sir, - you advanced towards them, they did not come towards you? - A. Exactly so.

Q. Consequently, they were not going from the same house where you had been? - A. That was the first time I had seen them.

Q. Do you mean again to say, though you don't recollect having seen them before, that that man Haynes was one of the men that stopped you? - A. I say he did stop me, and knocked me down.

Q. Did you tell them at the time, Haynes I know who you are, you had better not rob me? - A. I did not.

Q. You rather said somewhat at the time, tending to shew, that you did not know him? - A. I said, the man that stands by you, knows you, if I do not.

Mr. Knowlys. Q. Were you the least disguised in liquor? - A. As sober as I am now, and as recollecting.

Court. Q. What sort of a night was it? - A. Darkish; a few stars, but no moon, I am sure.

Q. What opportunity had you, of observing the person of Haynes? - A. While I was asking him several times, upon his honour not to strike me again, I had a very particular view of his eyes and nose; I saw them very distinctly, they were very remarkable.

Q. Close to you? - A. Yes.

Q. What sort of hat had he on? - A. I did not take particular notice of his hat; he had a handkerchief round the lower part of his face, which appeared to be a light coloured pocket handkerchief.

Q. Whether it was a cocked hat or not, you cannot tell? - A. No, my attention was called particularly to his eyes.

Q. Is it then from the observation of his eyes, that you speak? - A. Yes.

Q. And from nothing else? - A. That in particular; he appeared to have a light coloured swan-skin waistcoat on, or a flannel waistcoat.

Q. You did not observe any other of his features? - A. No, I did not.

Q. And is it from that circumstance only, the observation of his eyes, that you speak now to his person? - A. Most particularly.

Q. But knowing this man's life is at stake, you undertake to swear that that man was Haynes, with whom you have been so long acquainted? - A. Yes, I do.

Q. I understand you to say, that you knew him at the time of the robbery? - A. I did not say, that I exactly knew him, at the time of doing the robbery.

Q. Then, at the time of the robbery, you did not know that he was Haynes? - A. No.

Q. Then the observation you made upon his eyes, was not sufficient to bring to your recollection this old acquaintance? - A. I have known him from a child, and I saw the eyes sufficient to know that I had seen them before; but I did not recollect at that time, whose they were; his eye-brows are remarkably low, they are very particular.

Q. But you did not, from the observation of those eyes, at all then form your judgment who it was? - A. No; I could not recollect him at that time.

Q. What has made you so positive since, that Haynes was the man? - A. I could recollect, before I was at Mr. Bishop's, in a great measure, whose face it was.

Q. Your going to Mr. Bishop's, was the next day? - A. The next morning.

Q. The prisoner lived at Longford? - A. No, Drayton, about a mile from Harmondsworth; he was taken between Harmondsworth and Drayton.

Q. Did you know Haynes before this time? - A. Yes; and his father and grandfather, and two uncles.

Q. Had you frequent opportunities of seeing him? - A. Yes, when a boy.

Q. Had you been in any habits of seeing him lately? - A. Not very lately, before this transaction.

Q. How lately might you have had an opportunity of seeing him before this happened? - A. Not for many months that I know of.

Q. You are certain that at the time, you made the observation, If I don't know you, this man does, you did not know it was Haynes? - A. I did not.

Q. Then it was from collecting in your mind other circumstances, that you concluded it was Haynes, when you applied to the Magistrate for his warrant? - A. Yes.

Q. And not from the observation made by you at the time? - A. No.

Q. Of the other man, you don't affect to have any knowledge, except that he was of the size of the other prisoner? - A. Exactly so; I did not pay any attention to him at the time.

JAMES HARBOUR sworn. - Examined by Mr. Knowlys. I am a publican, I was at the Five Bells, at Harmondsworth, on the 19th of January; I have known both the prisoners ever since they were little boys.

Q. Do you know if they were at the Five Bells on the 19th of January? - A. Yes, they were.

Court. Q. You don't keep the Five Bells? - A. No.

Mr. Knowlys. Q. What time was it when you first law them there? - A. It might be between six and seven when I went in.

Q. Did you see either of them doing any thing while they were there? - A. They were in the public kitchen, and I was in the little bar room with my friends that I took in to drink.

Q. Did you see either of them doing any thing? - A. Yes; I saw Haynes cutting a stick, a withy stick.

Q. What size was it, large or small? - A. A good biggish one, he was trimming the knots off to make it smoother.

Q. How long did you stay at the Five Bells? - A. Till a little before nine o'clock.

Q. Where were the prisoners when you went away? - A. When I got up to go away, they both went out before me; when I opened the door to go out, there stood John Tomkins and William Haynes, close to the house by the parlour window, Tomkins was at the first corner, and Haynes a little to his left hand.

Q. Did they appear to you to be waiting about the house, or going on? - A. They were standing quite still, and Hannah Haynes , the prisoner's sister, stood along with John Tomkins; seeing them stand there, I had got four or five guineas, and my watch, I turned in doors again to the landlord, and borrowed a lanthorn, and got a man to go along with me home; when I went away, they both turned away to the Summer-house lane, leading to Longford.

Q. Both the prisoners? - A. Yes; I did not see any more of them, I went quite a different way.

Q. Do you know where the prisoners lived? - A. Yes, one of them; Tomkins lived at Harmondsworth, the other lived at Drayton.

Court. Q. As Haynes lives at Drayton, would not that lane be his way home? - A. No, directly

the contrary, it was as contrary as could be; Summer-house-lane leads to Longford.

Q. Did you see Mr. Jarvis in the house? - A. Yes; I saw him go in, and I left him in the house; I did not only see him, but I heard him talk.

WILLIAM FIRBIN sworn. - Examined by Mr. Knowlys. I have known the two prisoners upwards of eight years; I was with Mr. Stent and Mr. Jarvis on the 19th of January, at the Five Bells at Harmondsworth; Mr. Jarvis and I came away together, I came first, because he stopped to put on his great coat, he came out, and immediately overtook me within ten yards; when I came out from the Five Bells, and got to the corner of the house, I saw the two prisoners at the bar stand at the corner, I went up close to them, they stood just at the turn of the corner; as soon as they saw me they ran across the road, and went up Summer-house-lane; Jarvis immediately joined me, and we crossed the road, and then parted; I went home, and Jarvis went up the lane after the prisoners.

Q. You live in Harmondsworth? - A. Yes.

Q. You are quite confident they were the two prisoners that you saw go up that lane? - A. I am.

Q. Was there anybody with them at that time? - A. Nobody but themselves.

Cross-examined by Mr. Alley. Q. It was a very dark foggy night? - A. Not foggy; it was rather star-light, I could see very well.

Court. Q. Did you see any thing of Harbour? - A. Yes; he was at my house in the evening, and went from there to the Bells; he was in at the Bells when I went in.

Q. Did you see Harbour go away? - A. No, I did not.

Q. Then you cannot tell whether he went before you or not? - A. I cannot say; I came away about five minutes before nine.

THOMAS CRIPPS sworn. - Examined by Mr. Knowlys. I am servant to Mr. Stent; I have known the prisoners a great while.

Q. Do you know Mr. Jarvis? - A. Yes.

Q. Does Mr. Stent's farm-yard come into Summer-house-lane? - A. Yes.

Q. Do you remember seeing Mr. Jarvis, or the prisoners, upon the night this robbery was committed? - A. Yes.

Q. About what time did you see the prisoners? - A. It wanted about a quarter of nine; when I came out of doors; I met the two prisoners in Summer-house-lane, I spoke to them, but they gave me no answer; they were going towards Longford.

Q. What time did you see Jarvis? - A. Just after the two prisoners passed me; Mr. Jarvis was about twenty yards behind.

Q. Was Jarvis going in the direction towards Longford? - A. Yes.

Q. At the time the prisoners went by, was there any body in their company, or near them, that you could see? - A. No; nobody at all.

Q. Do you know Mr. Firbin? - A. Yes.

Q. Do you know whether he had been in Mr. Jarvis's company before? - A. No; I should not have known it was Mr. Jarvis, but I heard somebody say, good night Mr. Jarvis,as he came out of the house.

Cross-examined by Mr. Alley. Q. How far might you have been from them when you say you saw them? - A. I was close to them.

Q. And they were going quietly along? - A. Yes.

HENRY VASPER sworn. - Examined by Mr. Knowlys. I am a constable at Longford; I had a warrant to apprehend the prisoners; I took them on Friday night, the 20th of January; I took Haynes coming from Drayton to Harmondsworth.

Q. Did you acquaint him what you had taken him for? - A. Yes; I said, you are the young man I am looking for, I have no call to go further; I told him I had got a warrant against him for robbing Mr. Jarvis; he said, he was very willing to go back, he was innocent of the matter.

Q. Did any thing further pass between you? - A. No; he went back with me very quietly; I took Tomkins at the Five Bells, at Harmondsworth; and I took Haynes to the same house; that is all I know about it.

Cross-examined by Mr. Alley. Q. He went very quietly? - A. Yes.

Q. You searched Haynes? - A. No, I did not.

Q. Who did? - A. Nobody.

Q. He was coming from his work, was not he? - A. As far as I know he was; I found him coming towards Harmondsworth.

Haynes's defence. I am innocent of it.

Tomkins's defence. I am very innocent of it.

Both NOT GUILTY .

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

Reference Number: t17970215-7

124. CHARLES HART was indicted for feloniously stealing, on the 28th of January , nine wooden pails with iron hoops, value 16s. the property of Joseph Green .(The case was opened by Mr. Knowlys.)

JOSEPH NASH sworn. - Examined by Mr. Knowlys. I am a Trinity-officer, I live in Dung-street, Mile-End New Town. On the 28th of January, I saw the prisoner coming from Tower-hill, towards East Smithfield, with nine pails upon his back; I followed him into the house of Mr. Bruce, with the pails upon his back; seeing him go into Bruce's I suspected he had stole them, and accordingly I detected him with them on his shoulder in Bruce's shop.

Q. You knew Bruce's shop before, did you? - A.Yes; I have apprehended a great many people from there.

Q. Bruce's shop is in East Smithfield, in the County of Middlesex, out of the City? - A. Yes; an old iron shop; I asked the prisoner where he got the pails from; he said, Mr. Bruce knew; Bruce and Mr. Grant were by; Bruce said he did not; I asked Bruce over and over, three times, if he knew any thing of them; he denied knowing any thing of them; I took the prisoner out of the shop; going along, he said, I know my master will shew me no mercy, and, for God's sake, don't take me to the Justice.

Q. I don't know whether you knew, at that time, who his master was? - A. Yes, I did, becaule I enquired who he worked for; I took him to the Magistrate, and he was committed.

Cross-examined by Mr. Alley. Q. You saw him go into this shop? - A. Yes.

Q. Did he not say that a man of the name of Haygarth sent him with them from the Gun-tavern? - A. No; he said, before the Magistrate, that Haygarth, who is a servant of the prosecutor, was the ringleader.

Q. You did not mention that before the Magistrate? - A. No; I was not asked the question.

Q. Did he not tell you he brought them from the Gun-tavern? - A. He said so in the public house, the Horse, opposite the office.

Q. Bruce has absconded? - A. Yes.

Q. So has Mr. Haygarth? - A. Yes.

Q. You had not known the prisoner before? - A. I never saw him in my life before.

Q. He said, at once, Bruce knew where he brought them from? - A. Yes.

Mr. Knowlys. Q. He did not say he was employed by Haygarth till he was at the Horse? - A. No; he said he had a good watch, and he would give me that, or the value of it, if I did not take him before the Magistrate.

JOSEPH GREEN sworn. - Examined by Mr. Knowlys. I am a cooper and turner, in Tower-street: The prisoner has been my apprentice about four years; I have lost a quantity of goods for some time, pails and other goods, which I found in Bruce's house, (the pails were produced in Court); these are my pails, they were made by my foreman at his shop in Ratcliff-highway; they are made in a particular way, we never sold any of them but three dozen that were sent to Woolwich, and returned as too slight.

Q. Had you given the prisoner any authority to sell any that day? - A. No; they were kept in the cellar where the prisoner worked.

Cross-examined by Mr. Alley. Q. The prisoner had lived some time with you? - A. He had.

Q. He was a very honest and well-behaved young man? - A. Yes; he said he was drawn in by Bruce and another man; Bruce said, he had been but once there before; the prisoner said, he should not have done it if he had not been persuaded.

Q. Haygarth is gone off, and so is Bruce? - A. Yes.

Q. Did not Haygarth use to send him out on his business? - A. Not to my knowledge.

Q. Had you missed any pails on that Saturday? A. No, they had been gone some time before they were lodged at the Gun-tavern; the prisoner said, as I was busy settling with the men, he took the pails to Bruce's.

Q. That was before the Magistrate? - A. Yes.

Q. It was taken down in writing? - A. Yes.

Q. Is any body concerned with you in the business? - A. No.

Mr. Knowlys. Q. Whether they were at the Gun-tavern or not, you don't know? - A. No.

Q. What is the value of the nine pails? - A. Sixteen shillings.

WILLIAM URQUHART sworn. - Examined by Mr. Knowlys. I am a cooper, employed by Mr. Green; my apprentice and myself made these pails for him.

Cross-examined by Mr. Alley. Q. You used to sell pails of that description yourself? - A. I never sold but one dozen; I called on the person last week, and there were but six sold.

Q. If you were employed by any body to make pails of this sort, you made them? - A. Yes.

Mr. Knowlys. Q. You never made any for this young man? - A. No.

Prisoner's defence. Haygarth ordered me to take them from the Gun-tavern to Bruce's; I never knew any thing of this being wrong till I was taken; he was apt to get drunk, and asked me to take things for him, that he might not have a noise from my master.

GUILTY . (Aged 22.)

Judgment respited to enter into the Navy .

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17970215-8

125. JOHN otherwise JONATHAN PHILLIS was indicted for feloniously stealing, on the 13th of January , four yards of woollen cloth, value 3l. 8s. the property of John Winter , Edward Shee , and Thomas Winter , in the dwelling-house of John and Thomas Winter .

EDWARD SHEE sworn. - I am a taylor : On the 13th of January, I don't recollect the day of the week, I think it was Friday, the prisoner at the bar was bringing some goods to our house from his master, who is a clothworker; he was

delivering goods, and went into our warehouse; when he had delivered one parcel, I went up stairs into my cutting-room, I left my clerk in the counting-house; the prisoner went to get another parcel from his cart; the clerk came up and called me down stairs; I followed the prisoner, he was going out of the passage at the back door, which leads to where his cart stood, in Bedford Bury; I laid hold of him, and said, you are a thief; I was bringing him out of the narrow passage to the counting-house, and he dropped the cloth out of his wrapper; he had delivered the goods, and was going away again, the wrapper belonged to himself; in this wrapper he had two other pieces of goods he was to return in the City; I picked up the cloth; there is one thing I must remark, I did not see him drop it, but it fell between him and me upon my feet; the cloth is here, my clerk has kept it ever since; it is four yards of woollen cloth, it cost me 3l. 8s. from the factor's.

Q. How long have you had it? - A. That I cannot say, for I have a great number of goods.

Q. Is it the same kind he brought in? - A. No, they were whole pieces, this is a remnant.

Q. Can you ascertain this to be your property? - A. I have the greatest reason in the world to believe it to be my property; it was taken from a large press in the warehouse.

Q. How many partners are there in your house? - A. Two more besides myself, John Winter , Edward Shee , and Thomas Winter .

Q. Which of the partners live in the house? - A. John Winter and Thomas Winter; John Winter , the father, resides mostly in the country; when he comes to town he has a bed there.

Q. He is in the business? - A. Yes.

Q. And occasionally comes to town? - A. Yes, he does; I have no residence in the house, not had I at the time it was robbed.

Cross-examined by Mr. Knowlys. Q. Mr. Winter, the father, makes no long residence in town, does he? - A. No.

Q. This bed is only reserved for him, as it would be for any intimate friend? - A. No; the house is Mr. Winter the father's own property.

Q. And the son allows him rent for it? - A. I suppose so; I don't know how that is managed between the father and son; while I resided in it, I paid rent to Mr. Winter, the father, as the landlord.

Q. Therefore you believe the son pays rent to the father, as the landlord? - A. I cannot say as to that; on my leaving the house, he placed his son in the house; Mr. John Winter was in town when the matter happened.

Court. Q. Does the father pay the servants in the house, or are they paid by the son? - A. I cannot say; so much is put down to Mr. Winter for a younger son and servants, so that he must pay the servants.

Court. Q. You understand that old Mr. Winter pays the servants, and the son resides there always? - A. He does.

Q. Neither of the Mr. Winters are here? - A. No.

Q. On your own knowledge, you cannot give us any account whether the son is tenant to the father, or they are joint tenants? - A. I cannot.

Q. In the wrapper two pieces were found, that he was actually to take away? - A. Yes; he had two pieces to return that we did not approve of.

Q. This, as you thought, dropped out of his wrapper? - A. I am sure it dropped out.

Q. Then, instead of the two pieces, three pieces must have been given him? - A. I cannot speak to that, my clerk can.

Court. Q. This dropped out of the wrapper, what else was in the wrapper? - A. Two pieces of cloth, or kerseymere, tied up in brown paper, that he was to return.

RICHARD HERD SHEPHERD sworn. - I am clerk to Messrs. Winter, Shee and Winter; on the 13th of January, between three and five in the afternoon, the prisoner came from his master, Mr. Nelson, in Lawrence-lane, with two pieces of cloth for Mr. Shee and Winter; when he came in with the first load, I followed him into the back warehouse, where he leaves the cloth, and came out with him again; he then returned with a second load, with which I also followed him into the warehouse, and after having given him instructions to take two parcels of cloth back into the city, to return them to the factors they belonged to, I left him alone in the warehouse, and went into the counting-house, to write a receipt for these goods; we had before had some losses; I turned round to watch him, but in the position he stood; I could not see his body; there was a small room between the counting-house and warehouse; while I watched him, I saw the hand or hands of a man lift a piece of cloth out of the press; he then came through, with his wrapper wrapped up, and signed the receipt, and was going his way out; I then went up one pair of stairs to Mr. Shee, and he came down and laid hold of the prisoner, and brought him to the counting-house, where his wrapper was opened, in which there was nothing found but the two parcels I had delivered to him; we then looked back a few paces, and saw this piece of cloth on the ground; that is all I know.

Q. Was that in the passage where Mr. Shee had been? - A. Yes.

Q. What is the colour? - A. Brown; this is

the cloth we picked up; I cannot swear it is the property of Messrs. Shee and Winter.

Q. Did you miss such a piece of cloth? - A. I cannot say.

Q. Can you say, that such a remnant as this was in the room where you saw him? - A. No, I cannot.

Q. Did you see the colour of the cloth he lifted out of the press? - A. No; I cannot swear what the colour of the cloth was.

Q. Was all the cloth in that press your master's property? - A. Yes.

Q. What might the value of it be? - A. Three pounds eight shillings.

Prisoner's defence. I have some persons to speak to my character.(The prisoner called five witnesses, who gave him a very good character, one of whom was his master, who offered to take him into his service again.) NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17970215-9

126. JOHN SMITH was indicted for that he, in the King's highway, on the 17th of January , upon Rose, the wife of James Callighan , did make an assault, putting her in fear, and stealing from her person a scarlet cloth cloak, value 5s. the property of the said James.

ROSE CALLIGHAN sworn. - My husband's name is James Callighan; I live in Sun-yard, Nightingale-lane, East Smithfield: On the 17th of January I was in Newgate-street ; I was come up the week before from my husband, on board the Monmouth man of war, lying at the Nore; I had eleven guineas and a half and a watch in my bosom; it was money sent up from different people, to pay to their wives; I was going to pay some to Mrs. Milford, in Newgate-street; I had left two guineas with one woman in Holborn, and was going back; I happened to go into the Magpie, in Newgate-street, and called for a pennyworth of two-penny, the prisoner was there; I had never seen him before; he was telling about his being in a French prison seventeen months, and what hardship he went through; my husband being on board a man of war, I took great compassion from what I heard, and asked him if he would have any thing to drink and I would pay for it; he said, it was a forfeit to drink out of a penny pot, and I told him to have a pint of two-penny, and I paid for it; he asked me where I lived, I told him, and he told me he lodged at the Black-horse in the next street to me.

Q. You lived then where you do now? - A. Yes; he said he was going up to Ely-Place, and I, having an absent bond, that sailors leave with persons to receive six months wages, to leave at captain Manning's, at Ely-place; he asked me, would I go with him, and two other men who were in company with him, to Ely-place, and I went with them; I had called two or three times before at captain Manning's, but he was not at home; the prisoner and one of the men went over to another house, and I and the other man waited till they came out; I did not call at captain Manning's then, I thought it was too late, it was between five and six in the evening; when they came out, they were going my way, and the prisoner missing one of the men in the street, they went into the Magpie again to wait for him, and called for a pot of beer, or two-penny, I cannot tell which; they asked me to drink with them; the man did not come, and when they had drank the beer, we came out and were going towards Nightingale-lane; when we got near the Minories, the other man asked the prisoner to his lodgings; I wished them a good night, and said, I shall be going home; the prisoner said, it was but a little way off where they were going, you may as well come, and I will go with you and see you safe home to your own door; I said, it was getting rather late, and I could not stop, and the prisoner persuaded me, and said, he would not stop many minutes, and away I went to the man's lodging in Petticoat-lane; when I went in, there was a woman and five or six fellows sitting in the room, they had a pot of beer or two-penny, they drank it among them, I don't know whether I drank any or no; as soon as they had drank it, the prisoner and I came away; the prisoner then wanted to go into a public house, the Blue Anchor, in Rosemary-lane; I told him I would not go in, but he prevailed with me, and I went in, and I met with a woman there I knew, and we had a pint of two-penny together; the prisoner wanted me to have something to drink,I refused, and came out by myself, and he followed me out immediately; I went down White's-yard, and he came down after me, and told me to take care, I should fall, the place being a very stony place; when we were about half down that street, he came over to me, and laid hold of both my shoulders, and asked me to kiss him; I put out my hand in this manner, and asked him if that was the friendship he was shewing me all night; with that he broke the string of my cloak, and ran away with it; I screamed out, and cried stop thief; a man and woman came out of their houses, and told me not to go up the back alley after him; I turned back, and went into the next public-house, and delivered the watch and money I had in my bosom to them; I was in the public-house some time before I could tell them what had happened to me, and then they sent somebody home with me; the next morning I took a woman with me and went to the public-house, and

they delivered me my watch and money; then she went with me to the Blue Anchor, and the prisoner was sitting in the tap-room when we went in, that was between nine and ten o'clock; I called him over, and told him to deliver the cloak to me that he ran away with the last night, and that if he did not I would send out for a runner for him; he said, that he had pawned it in Nightingale-lane; I went there and enquired, but did not find it; meanwhile, as we were talking, the other woman went out for the runner, and he ran away from me while the woman was gone.

Q. Had you said any thing to the woman before him about going for the runners? - A. Yes; I told her to go for the runners; I ran after him as fast as I could, and called to every one to stop him; he ran round by Wellclose-square, and a mob gathering round him he stopped, and came from the mob back to Rosemary-lane, and I followed him; I was crying; a woman came up and asked me what was the matter; I told her, and she went up to him, and he agreed with me and the woman to deliver the cloak if we would not raise a mob about him; and the prisoner and I went with the woman into her house in Rosemary-lane.

Q. What is her name? - A. Deveral; he said, the cloak was in pawn for four shillings, and he had not the money; he wanted me to go with him where he could raise the money; I told him I would not go out of the room, and if he did not send somebody for it I would send for the officers; he then went out, and I followed him; I lost sight of him near the pawnbroker's in Rosemary-lane; he returned back to me in the street, and brought a duplicate with him, which he delivered me, and promised faithfully, before the man and his wife, to bring the money at eight o'clock at night to this man's room; I saw no more of him till he was taken the day following, at the office in Whitechapel.

Q. Did the duplicate lead you to the shop where the cloak was? - A. Yes; in Rosemary-lane, the pawnbroker is here; I delivered the duplicate to the officer.

Prisoner. The night she was in my company, ask her why she would go with me to captain Mackey's, in Ely-place? She forced herself into my company.

Court. Q. Did you force yourself into his company? - A. No.

Court. Q. Did you offer to go to the captain's with him? - A. No; he asked me.

MARY JOSEPH sworn. - I slept with the prisoner; he came home very much in liquor on Tuesday night; he told me he had a cloak for me, and I took the cloak and carried it up stairs; the next morning we wanted money, and I pawned the cloak at Messrs. Wynne and Sharrinow's, in Rosemary-lane, for four shillings, and gave the duplicate to him; he was very much in liquor when he came home, I don't think he would have been guilty of it if he had been sober.

JAMES BRUCE sworn. - I am servant to Messrs. Wynne and Sharrinow's, pawnbrokers, in Cable-street, Rosemary-lane; I received this cloak of Mary Joseph, the 18th of January, she pawned it for four shillings, and I gave her a duplicate.

Q. Who has got the duplicate? - A. Coomes, the officer.

Coomes. The duplicate is mislaid. (The cloak produced).

Prosecutrix. It is my cloak, here is the string that was broke; there is a mark where it was dirtied on board of ship.

Prisoner's defence. The night this happened I was at the Magpie, talking with the two men she has mentioned about France; she came in, and asked me to drink; I was going to captain Mackey's, in Ely-Place, and she would go with us; we came back to the public-house, and she came back with us; she said she lived in Nightingale-lane, and I said I lived near there; she went arm in arm with me all through the City; we went to the Blue Anchor in Rosemary-lane, and she asked me to go to her house; she said she kept a lodging-house, and had a Portugueze and two women lodged with her; I said I would not go home with her; I missed my money out of my trowsers, I took hold of her cloak, and said, I would not lose my money so; I took the cloak home, and told Joseph I had bought it for her, and the next morning I sent her to pawn it; I went the next morning to the same public-house, and she came and asked for her cloak; I said I had pawned it, and shewed her the duplicate; she asked me if I could get it that night, I said I could; I went to get some money of the captain, and could not see him till eleven o'clock at night, then I thought it was too late.

Q. To Callighan.) Did you ever invite him home to your house? - A. No.

Q. Did you tell him you had a Portugueze and two women lodging at your house? - A. No; there is a foreigner and a woman lodges with me.

Q. Did he say he had lost any money out of his trowsers? - A. No. GUILTY (Aged 36.)

Of stealing, but not violently .

Judgment respited to go into the navy .

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

Reference Number: t17970215-10

127. WILLIAM JENKINS was indicted for burglariously breaking and entering the dwelling-house of Richard Stonnel , on the 4th of February , about the hour of eight in the night, with intent to steal, and stealing therein one pair of women's lea

ther pumps, value 3s. the property of Richard Stonnel; the said Richard, and others of his family, being then in the said house .

RICHARD STONNEL sworn. - I live at No. 10, Goodge-street, Tottenham-court-road : Last Saturday se'nnight, about a quarter before eight in the evening, my son and I were up stairs at work, my daughter rang the bell, and we both ran down; I found the window broke, and I missed two pair of women's leather pumps; there was a lad in the shop who had given information, he offered to shew us which way the persons went; my son and I, and the boy, went after them, my son out-ran me a good deal; not seeing any suspected persons, I came round the street, and came home; in about five minutes after, my son brought the prisoner at the bar into the shop, he had him by the collar with one hand, and a pair of shoes in the other.

JOSEPH COLTHORPE sworn. - I live at No. 13, Goodge-street, Tottenham-court-road, with my father, a silk-dyer: On Saturday, February the 4th, between seven and eight o'clock, I was in my father's area, I saw two men walking backwards and forwards near our house, I thought they had no good design; I told my father, and he told me to walk on the opposite side of the way, which I did, and I saw a man dodging between the coaches; and I walked backwards and forwards on the other side of the way, and saw the prisoner sitting on a post opposite Mr. Stonnel's shop.

Q. Are you sure it was the prisoner? - A. Yes, I am confident of it; I walked backwards and forwards again, and his eyes were fixed on Mr. Stonnel's shop; then I saw a man go to the shop window, and take a pair of shoes out; I supposed him to be his companion, I had seen the prisoner walking backwards and forwards before.

Q. How did he get the shoes out of the window? - A. I saw him put his arm in and take them out.

Q. You did not hear any glass break? - A. No, I did not; when he had taken them out, he went immediately to the prisoner, and they both went down John-street together; I directly went into Mr. Stonnel's shop, and told Miss Stonnel a man had taken a pair of shoes out; she rang the bell, and Mr. Stonnel and his son came down, and I told them which way they went, and I went with them down John-street; George Stonnel got a-head of me, I don't know which way he went; and Mr. Stonnel and I went back together; I was in the shop when he brought the prisoner in.

GEORGE STONNEL sworn. I am the son of Richard Stonnel, I work with my father: About eight o'clock in the evening I was alarmed with the ringing of the bell, my father and I ran down, and were informed, by a lad in the shop, that we had been robbed, and which way they went; I ran down John-street, and into Windmill street, and saw two men, I went between them, and looked at one, and then at the other, but mostly at the prisoner, as I perceived he had something under his coat; I lifted up his coat and saw the shoes, I seized them both; upon which the prisoner struck me a violent blow in the mouth, on which the other struggled and got away, and cried stop thief; I kept hold of the prisoner, and strove to take the shoes from under his coat; he threw his coat open to throw them down, and I took them from him; Rolfe, the officer, has them.

Prisoner. Q. What did I say to him when he took hold of me? - A. He slipped out of my hand, as I took the shoes from under his coat; I followed him, and took him in Percy-street; he stood against the rails; he said, I am no thief, you did not take those shoes from me; I brought him back to my father's shop, and delivered him to Mr. Rolfe.

Prisoner. I said, I am no thief; if there was any thief, it must be the man in the blue coat.

Q. Do you know the state of the window? - A. One evening before an instrument had been drove into the putty, and one of the panes of glass was shivered in many, directions, but there was no piece out; I examined the window that was the pane the shoes were taken out of.

Q. (To Richard Stonnel .) What did you observe about the pane of glass the shoes were taken from? - A. About a week before an instrument had been put in the putty, and the glass was split in two or three places, but it was all whole.

Q. Who was in the shop at the time of this robbery? - A. I don't know whether any body was in the shop, my daughter might be in the parlour; I brought the shoes down into the shop that afternoon; they are my apprentice's making.

ROEERT ROLFE sworn. - I am a constable; I was sent for to take the prisoner into custody; the shoes were delivered to me. (They were produced in Court, and deposed to by the prosecutor.)

Q. (To George Stonnel .) Are those the shoes you took from the prisoner? - A. Yes, I am certain they are.

Q. When the prisoner said, I am no thief, had you said any thing about shoes? - A. No.

Jury. (To Richard Stonnel.) Q. Had you sold any of that sort of shoes that day? - A. I believe not; they were brought down about two o'clock; I brought four pair down; here is a fellow pair made off the same last.

Prisoner's defence. I came from Kentish Town, and as I was going down John-street, I saw a man before me in a blue coat; I perceived him drop a pair of shoes; I picked them up; I followed him; he turned down Windmill-street, and this man came and took hold of me; I said, I was

not the man that dropped the shoes, the other man dropped them.

GUILTY (Aged 25.) Of stealing, but not of breaking and entering the dwelling-house .

Transported for seven years .

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

Reference Number: t17970215-11

128. JOSEPH RUTLEDGE was indicted for feloniously stealing, on the 11th of February , eleven muslin handkerchiefs, value 11s. the property of Thomas Watson , privily in his shop .

WILLIAM GORDON sworn. - I live at No. 309, Oxford-street ; I am a linen-draper: On Saturday, the 11th of February, about seven o'clock in the evening, the prisoner came into the shop, and requested I would shew him some muslin handkerchiefs; I shewed him some; he said the prices did not suit him, they were too great for him; he requested I would shew him some with coloured borders; he said he did not approve of those, and went to the door as though he was going out; I requested repeatedly for him to bid me some price for any I had shewn him; he bid me 1s. 6d. for one I had asked him half-a-crown for; I requested him to come back and shew me which it was he offered the money for; he did not come back to point out which it was, but went away; I saw Mr. Reynolds, who is here, running after him, and I followed; when I got about ten yards from the shop, I saw Reynolds bringing him back; he brought him into the shop and kept him in custody while I went for an officer, and he was taken to Mary-le-bonne watch-house; I saw nothing further of it.

DAVID REYNOLDS sworn. - On Saturday evening, the 11th of this month, the prisoner came into our shop, and asked to look at some muslin handkerchiefs; the last witness shewed him some; I cannot exactly say what passed between them, because I did not pay attention to them till he was about to leave the shop; the prisoner was got to the door, with the door in his hand; the young man requested he would return and bid him something for one of them; the prisoner said, they were all too high in price; the young man said, he would render them lower if he would point out one that he liked, but he would not come from the door, but when pressed more closely, he said he would give him 1s. 6d. for the one he offered him for half-a-crown; his not returning into the shop gave me some suspicion of him; he was partly out and partly in, he had the door in his hand; I turned round then, for my back was towards the prisoner, and observed under his coat some muslin, or something of that kind.

Q. You had not seen him take any thing before he went out? - A. I don't know that I had looked at the man before; he immediately shut the door; he saw that I was following him, and he ran away; I followed him about twenty or thirty paces, I caught him by the collar, and he immediately threw the goods behind a pillar of a door; I secured the prisoner, and brought him back into the prosecutor's shop; I met the other witness at the door, and requested he would go for a constable; he brought a constable and one or two of the officers of the night from Mary-le-bonne watch-house; we then took the prisoner to the watch-house; the officer searched him there, and found nothing upon him but what was his own property; I brought the handkerchiefs back with the prisoner into the shop, and kept them in my custody till the constable came; we took him from the watch-house to the office, and the Justice committed him.(They were produced in Court by the witness.)

Q. Are those the goods you picked up in the street? - A. Yes; I gave them to the constable, who is ill in bed, and cannot attend.

Q. You are sure those goods which you had in your possession in the shop, when you brought the prisoner back, were the goods the prisoner threw away? - A. Exactly so; they were never out of my possession.

Q. Who brings them here from the hands of the constable? - A. The last witness.

Q. All you know is, they are the same you saw the prisoner throw away? - A. I cannot swear that; they have been in the constable's hands ever since.

Q. (To Gordon.) Did you see, in the presence of the last witness, the things that he produced as the things that were stole by the prisoner? - A. Yes.

Q. Can you swear that those things were ever in your shop? - A. Yes; they were part of the things I shewed to the prisoner, previous to his being taken up.

Q. And afterwards traced to the custody of the prisoner at the bar? - A. Yes.

Q. You are perfectly sure they are part of the things you missed? - A. Yes.

Q. Was you ever sensible of the man's taking them? - A. No.

Q. Are you or not certain they were taken out of the shop, and by whom? - A. I don't know by whom; I have every reason to believe him to be the person, there was no other person near at the time.

Q. Therefore you have no doubt that they are part of the things shewn to him, and nobody could take them but him? - A. Just so.

Q. What is the value of these things? - A. Eleven shillings.

Prisoner's defence. There was a young man and woman just going out of the shop as I went in; there was nobody in the shop when I was there; I was alone.

GUILTY (Aged 24.) Of stealing to the value of 4s.

Confined six months in the House of Correction , publicly whipped and discharged.

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

Reference Number: t17970215-12

129. ELIZABETH DUFF was indicted for feloniously stealing, on the 10th of January , a linen sheet, value 2s. the property of William Masters .

Septimus Sadler , the pawnbroker, having forgot to bring the sheet with him, the prisoner was found.

NOT GUILTY .

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

Reference Number: t17970215-13

130. JANE HONOUR was indicted for feloniously stealing, on the 16th of January , a cloth great coat, value 8s. the property of Thomas Priest .

THOMAS PRIEST sworn. - I live at No. 28, Monmouth-street; on Sunday the 15th of January, about eleven o'clock at night, I went into Drury-lane, and a woman, who was a stranger to me, asked me to give her something to drink; I said I would, and we went and had something; I was rather in liquor; I went with her to her apartment, and there was this Jane Honour and another with her; I made the woman I went with a compliment of half-a-crown, to sleep along with her, and we went to bed together; in the morning I waked about seven o'clock, or eight, as near as I can guess.

Q. Was it light, or dark? - A. Light; I missed a great coat which I had there over night; I pulled it off and put it on the bed, in the morning when I got up the great coat was missing; I asked the person in bed about the great coat, she said she knew nothing about it; I enquired of a woman who was in bed in the room; when I could not get any recompence, I went home, and stopped three hours before I returned again; I then returned to the same house, and took two of my shopmates with me; I said, which of you have got my great coat? I found the prisoner in bed along with the person I had been with; they said they did not know any thing about the coat.

Q. The prisoner denied any knowledge of it, as well as the other? - A. Yes; in the course of time my acquaintance said, you had better let the man have his coat; we had some words, and afterwards the prisoner at the bar pulled a duplicate out of her pocket, and threw it down on the floor; she made a reply that she had pawned the coat and had spent the money, and I might be d - d.

Q. Was she sober? - A. No, not when I caught her in the morning; I sent one of my shopmates for an officer, who took her to Bow-street; she was there searched, and 4s. found in her pocket; the pawnbroker has the coat.

Q. You are perfectly sure that this is the woman that threw down the duplicate? - A. Yes.

Prisoner. Did you not say that you had no money in your pocket at half past three in the morning, and pawned the coat to make a recompence for sleeping with us?

Court. Q. Is that true? - A. No, it is not; I gave half-a-crown as a compliment for sleeping with her; I had money in my pocket.

Q. How long had you been in company? - A. An hour or two before I went home with her.

Q. Are you perfectly sure, that you were sober enough to know that you never gave the coat to pawn? - A. Never to my knowledge.

JOHN HUGHES sworn. - I am a pawnbroker; the prisoner pawned this coat with me (producing it) on the 16th of January, between eight and nine o'clock; it was on a Monday, to the best of my recollection.

Q. Had you ever seen that woman before? - A. Yes, frequently, for these three years and an half.

Q. You know her person? - A. Yes, very well.

Q. Did you give her a duplicate - A. Yes. (The constable produced the duplicate.)

Court (to Priest.) Q. Is that the duplicate that she threw on the floor? - A. Yes; it was thrown down, and my acquaintance took it up; the officer took it from her apartment.

Q. (To Hughes.) Is that your duplicate? - A. Yes.

GEORGE DONALDSON sworn. - I am a constable of St. Martin's in the Fields; on the 16th of January I was sent for to Star-court, Lewkner's-lane, Drury-lane, where the prisoner was; when I went in, there was the prisoner and three or four men; one of them handed me the duplicate.

Q. Who were they? - A. The prosecutor and his friends; I have kept it till now; the prosecutor then charged me with the woman.

Prisoner. I gave the ticket to the prosecutor.

Prosecutor. This is my coat, by certain marks upon it; here is one where a piece was burnt out, and I put in a bit myself.

Prisoner's defence. About half past three o'clock this gentleman came home with another young woman; I was in bed; I heard a contest at the fire about having no money; he said I have no money, depend upon it; I can raise some in the morning; I got up to let the young woman in; in the morn

ing I said to the man, now if you have a mind to go home you may; no, says he, I will stop and breakfast, if you will take my coat to pawn, and bring six or seven shillings for it; he gave me the coat, I took it to Mr. Hughes, and he gave me six shillings; when I came home the gentleman was got up and gone; when he came he brought three men with him; I said here is the ticket of your coat; says he, I will prosecutor you as far as the law goes; I gave him the ticket; I had his leave to do it, as God knows.

NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17970215-14

131. WILLIAM WHITEHORN was indicted for feloniously stealing, on the 20th of January , three reams of demy paper, value 3l. 3s. the property of William Richardson and Thomas Harrison .

THOMAS HARRISON sworn. - I am a stationer , in partnership with William Richardson ; on the 20th of January the paper mentioned in the indictment was stole out of a cart in the street; I only speak to the property.

OLIVER WHITTAL sworn. - I am servant to Messrs. Richardson and Harrison, No. 5, Leadenhall-street; I was coming from Portland-street to Leadenhall-street with a cart; opposite Castle-street in Holborn a man opened the hind part of the cart; it was a close cart.

Q. Did you see him do it? - A. No, I saw him taking the parcel out; it was three reams of demy paper ruled, it was tied up in whited brown paper; I said stop thief, and he dropped it about two yards from the cart, and then he ran across towards Castle-street, and I lost sight of him; I saw no more of him till a person took him; this was about six o'clock at night; he was brought to me to the cart in about three minutes; the young man that brought him said he saw him open the doors behind, and take it out; I cannot swear to the man; the paper was picked up by Charles Finch.

Q. Are you sure the parcel he picked up was the same parcel that was in the cart? - A. Yes, it is the property of Richardson and Harrison; I fetched it from their warehouse in Portland-street; it is marked on the outside the number of reams; I had a bill of parcels from one warehouse to the other, it mentions three reams demy, sixteen lines in faint and cross lines; there were six reams in two parcels, but only three were missing; I don't know the value of them.

CHARLES FINCH sworn. - I am servant to Alderman Anderson; I saw the prisoner in Holborn, opposite Castle-street, at the bind part of the cart, for some time, and open one of the bolts or pins; I then saw him jump up once or twice to undo the other bolt, which he did; he then took the paper upon his shoulder, and ran with it about eight yards; I heard the man that belonged to the cart call out stop thief, then I ran after him; he ran on the pavement within a yard of the Lottery-office, I never lost sight of him, he was stopped by a man opposite the Lottery-office windows, about twenty yards from the cart, that was the outside when the man stopped him; I took the paper up, and gave it to the last witness, and we took the prisoner to Hatton-garden, and then before Alderman Clark.

JOHN MERRIMAN sworn. - I stopped the prisoner in Holborn, on hearing the alarm of the carman crying out stop thief twice; I was on the pavement near the Lottery-office; he was pursued by Alderman Anderson's servant; I saw him throw the property off his shoulder, about a minute or half a minute before I took him; I did not see him take it out of the cart.

Q. (To Finch.) Did you see him throw down the parcel? - A. Yes, I was within a yard, or not so much, when he threw it down.

Prisoner. (To Merriman.) Where did you stop me? - A. Just by the Lottery-office.

RICHARD GOODMAN sworn. - I am servant to Richardson and Harrison; this parcel I packed up myself, and delivered it into the hands of Whittal, in Portland-street, on the 20th of January, about ten minutes after six o'clock in the evening; this is my writing on the parcel; it is the property of Messrs. Richardson and Harrison.

WILLIAM ROWE sworn. - I am an officer of Hatton-garden; the prisoner was brought to our office, and delivered to my care; I took him to the counter, and was referred to the Aldermen in the city for examination the next day; this parcel was delivered to me by Oliver Whittal ; I have kept it ever since. (Produces it.)

Q. (To the Prosecutor.) What is the value of this paper? - A. Three guineas.

Prisoner's defence. As I was coming up Holborn, I crossed the way; three men were in the middle of the road; a coach came, and I got out of the way to where the Hampstead coaches stand, and that man stopped me; he asked me what I was running for, I told him to get out of the way of the horses.

GUILTY . (Aged 25.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970215-15

132. THOMAS BROUGHTON was indicted for feloniously stealing, on the 23d of January , a wooden chest lined with lead, value 1s. and 100lb.

weight of tea, value 10l. the property of Thomas Alexander .

Second Count. Laying it to be the property of Andrew Schooley .

ANDREW SCHOOLEY sworn. - I keep a cart, and let it out for hire: On Monday the 23d of January, about half past four o'clock, Mr. Alexander, grocer , in the Strand, employed me to take three chests of tea; one to the Swan, Holborn-bridge, another to the Bell Savage, the other to the Bell in Friday-street ; and gave me orders to see it safe; I went down to deliver one at the Bell Savage, which was a large one; entering the gateway, there was a man at the other end making water; I made a halt, and turning my head round I saw two or three people about the cart; I saw the people at the cart as if they could not get by; it struck, me that somebody had been playing tricks with the cart; seeing nobody behind the cart, it gave me a suspicion somebody had been doing something in the cart; I missed a chest of tea.

Q. How much did that contain? - A. One hundred and four pounds, I cwt. nett tea; I stopped the cart, and ran out of the gateway directly; I asked a gentleman if he saw a man go out with a chest of tea; yes, says he, there he runs; he was going towards Blackfriars-road; he had just crossed the street, I came up to him just as he was turning the corner by the oil-shop; he went into the Blackfriars road, I had a weapon, I hit him upon the cheek; d-n you, you thief, says I, where are you going with that; with that he flung it against me, and the marks came off upon my apron; he ran away; I hit him with the whip, and called out stop thief; two gentlemen coming along stopped him in Bride-lane; I never lost sight of him; I lest the tea on the pavement where he slung it down, we went back to the tea, and got a constable, I delivered the tea to the constable.

Q. You left the tea in the possession of another man? - A. Yes; he is not here, he was a stranger.

Q. How soon did you come back with a constable? - A. In about ten minutes; but we came back with the man directly.

Q. Did you know enough of the marks of the tea to know it was the same you lost? - A. There was a part of the mark left on it, it was directed for the sick prisoners at Falmouth, I was to deliver it at the Bell in Friday-street; I delivered it to the constable; the gentleman is here who had the possession of the prisoner till the constable came.

Q. You have no doubt about that being the property? - A. No.

Q. If you don't deliver it safe, you are responsible? - A. Yes.

Prisoner. Can you say I took it out cart? - A. No, I cannot swear that you did; you could not take it out yourself, no man could alone.

JOSEPH WRIGHT sworn. - I am a coal merchant: Hearing the cry of stop thief, and seeing the prisoner running, I stopped him a little way down Bride-lane; he had nothing when I stopped him; the last witness charged him with stealing a chest of tea; the prisoner went down on his knees and begged for mercy, and that he would let him go; I took him back with the carman to the place where the chest of tea was lying, just by the coffee-house in Bridge-street; I held him for a considerable time, the people round me persuaded me to let him go; in the mean time the carman went over to Bridewell-hospital, and got a constable; when he came, I delivered him into his charge; the tea went into the custody of the officer, and was taken over to Bridewell.

THOMAS UNDERHALL sworn. - I am one of the beadles of Bridewell-hospital, and a constable; Mr. Schooley came to me, and I went with him to nearly opposite Mr. Varley's, the York hotel; I saw Mr. Wright had the prisoner at the bar by the collar, and Mr. Schooley gave me charge of him, and the tea I took under my protection; I have kept it ever since. (Produces the chest of tea.)

THOMAS ALEXANDER sworn. - I gave this chest to Schooley on the 21st of January to carry, it was directed to the sick prisoners ward at Falmouth; I know the hand-writing, I packed it myself.

Schooley. This is the same chest I had to carry.

Prisoner's defence. As I was going up Ludgatehill, I met two men that asked me to carry it to the next coach-stand; I had got a very few yards, when somebody came and cut me over the face with a whip, which I understand since was the carman.

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

GUILTY . (Aged 18.) confined one month in Newgate , publicly whipped and discharged.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970215-16

133. JOHN PAINTER and JOSEPH JENKINS were indicted for the wilful murder of James Richardson , on the 4th of February .

They also were charged, on the Coroner's Inquisition, with killing and staying the said James.

JAMES RICHARDSON sworn. - Q. What relation are you to the deceased? - A. Grandfather.

Q. You saw nothing of this unhappy business? - A. No; I heard them quarreling; I was in the house where my grandson lived, smoaking my pipe,

No. 3, Whitecross-street , last Saturday but one, I don't know the day of the month.

Q. What time of the day? - A. About ten or eleven o'clock at night.

Q. Did you see the deceased, or either of the prisoners, then? - A. I was smoaking my pipe, my grandson came in, and desired me to go out; I went out, and Painter was swaggering with his money, and wanting to fight him, five guineas to four.

Q. Where was he? - A. Between his house and mine, he lived next door; I made answer to him he should fight him; we went to put the money down, and thought the putting the money down would put an end to the quarrel that night.

Q. Did you put the money down - A. No, no money was put down, but I pulled my money out, then the gentlewoman of the shop would not take the money.

Q. What woman? - A. Mrs. Townsend, who keeps a chandler's shop; we went in there to put the money down, and she would not take the money.

Q. Each offered to put the money in her hands, Painter for himself, and you on behalf of your grandson? - A. Yes; then Painter came up directly to him at the door, and stripped, and then they went to fighting.

Q. Did your grandson strip? - A. Yes.

Q. How long did they continue fighting? - A. I don't know, I went into the house, and a gentleman, one Mr. Bligh, came in to me; I saw no more till he came home, and had done fighting.

Q. How long was that after? - A. The whole was but about ten or twelve minutes.

Q. Then your grandson came in? - A. Yes.

Q. How did he appear to be when he came in? - A. He went to bed directly.

Q. When was it he died? - A. On Tuesday morning, at three o'clock; when he was gone to bed, he asked me to bring a bit of raw beef to put on one of his eyes.

Q. That was to take down the blackness? - A. Yes; and he said, grandfather, I have been sadly kicked -

Court. This will not do, his declarations cannot be received but when he was in expectation of dissolution.

Q. Was he ever out of his bed? - A. Yes, he got out of his bed and came into mine, I believe on the Sunday.

Q. Was he attended by some medical persons? - A. A surgeon and an apothecary both.

Q. When did they come? - A. I am not certain of the day, I think either Sunday or Monday.

Q. What business was your grandson? - A. A butcher.

Q. What was Painter? - A. A butcher .

Cross-examined by Mr. Knowlys. Q. I wish you would tell us all you know, I believe you aggravated them as much as you could? - A. I don't know that I did.

Q. Did not your grandson say this to him, "I never had bailiffs in my house"? - A. Yes, I suppose he did.

Q. Painter then said to him, "nor I Jem"? - A. I don't know, I cannot tell.

Q. Whether your grandson did not say immediately to him, "d-n you, will you fight"? - A. No, he said no such word to my knowledge, I never heard him challenge him.

Q. Upon your oath I ask you, did not Painter say to him, I will not fight you now, but I will fight you on Monday morning, for five guineas? - A. I never heard any such word mentioned.

Q. Nor nothing like that? - A. No.

Q. When he said he would fight him for five guineas, did not you say, "no, d-n you, you have not five guineas"? - A. I don't know that I said any such word at all.

Q. Will you undertake positively to say that you said no such thing? - A. Not to my knowledge.

Q. Will you undertake to swear you did not positively say so? - A. Yes.

Q. Do you know Musgrove, Todd and Groom-bridge? - A. Yes.

Q. Did not your grandson say to Painter, "come and have a taste on the stones"? - A. No.

Q. Were you by all the time? - A. No, not a quarter of the time.

Q. After your grandson had been fighting with this man, was he not washed all over at the pump with cold water? - A. I did not see that.

Q. Did not you see him speak to his sister? - A. No.

Q. When he came in, was he not in good spirits? - A. Yes, seemingly he was.

Q. You was before the Coroner? - A. Yes.

Q. There was no mention of Jenkins there? - A. No.

SUSANNAH RICHARDSON sworn. - Q. You are the sister of the deceased? - A. Yes.

Q. On this Saturday was you present when any quarrel took place between your brother and either of the prisoners? - A. Yes, I saw it begin, it was between ten and eleven, near our door; my brother stood at his own door, and Painter stood at his.

Q. The house adjoin? - A. Yes.

Q. And they were both butchers? - A. Yes; my brother was holloaing, "what do you buy," and Painter said, "ah, Jem, you went and told Foxen that I bought pigs in your name."

Q. Was that the beginning of it? - A. Yes, that was the first that passed; my brother made answer and said, "well, if I did, you did buy them, for

they came to my sister on Sunday morning for the money;" with that my brother came in doors, and said to my grandfather, "grandfather, do you hear what Painter says;" my grandfather said, "yes, but don't you say any thing to him;" with that my brother went out of doors again, and I went out too, and told him not to say any thing, and he told me he would not; Painter said, when he went out again, "ah, d-n you, Jemmy, there is me and Dick Walker have laid our heads together," he said, to do something, I did not hear the word he said; upon that they had some words, and they went on abusing one another; Painter said he would fight my brother; with that my brother said, "no, I will not fight you, for you only want to take the law of me;

"they went on having a great many words, at last Painter stripped, and said" he would fight him, six guineas to four, and then six guineas to one;" my brother made answer and said, "no, I have not got so much money, if you have;" and my grandfather said, "James, you shall not put up with this insolent behaviour always;" it is not the first time, says he; my grandfather said then, "you shall fight if you will;" with that my grandfather went over to the chandler's shop with Painter, to lay the money down.

Q. Did you see your grandfather pull out any money? - A. No, I was not with him; be thoughts I should get my brother in the while; I don't know any more about it, they went to fighting.

Q. Did you see any thing of the battle? - A. No; I went into the house, and was not out at all.

Q. Did you see your brother come in? - A. Yes.

Q. How long was it after he was out of the house? - A. Not a great while, altogether about twenty minutes, I believe.

Q. When your brother came in, how did he appear to be? - A. Pretty middling.

Q. What became of him after he came in? - A. He pulled off his stockings, and went to bed directly; I went up stairs to him; I asked him if he would have any thing to drink, he said, no, not then.

Q. Did you make any observation upon his person that night, or next day? - A. Yes; he called me up in the night, to give him something to drink.

Q. You lie near him? - A. Yes, in the next room; there are three on the floor; I went and fetched him some beer; he said he had been sadly kicked, I asked where; he said, upon his neck, that they trod upon his neck, and kicked him.

Q. Did you see any thing of the appearance of his back or neck? - A. Yes; his face appeared much swelled, and his neck.

Q. When were the surgeons sent for? - A. On the Monday morning.

Q. When was it your brother died? - On Tuesday morning, about three o'clock.

Cross-examined by Mr. Knowlys. - Q. You saw him when he came in doors from the fight? - A. Yes.

Q. Did not he pat you on the cheek, and say he was not half licked? - A. He said what do you cry for, I am not hurt.

Court. Q. You were crying? - A. Yes.

Mr. Knowlys. Q. At the time he went to bed, it was high time to go to bed, it was twelve o'clock? - A. Not quite twelve.

Q. Your brother told him he would fight him, only Painter wanted to take the law of him? - Yes.

Q. Did he not say, I know if I strike you, you will take the law of me, and you want to get a bullock from Rhodes's - A. I don't know; I know my brother said, if I strike you, you will take the law of me.

Q. Were you present all the time? - A. Yes.

Q. Did not your brother say, come out and have a taste on the stones? - A. If he did say so, I did not hear him; I was backwards and forwards in the shop.

Q. Musgrove was there, was not he? - A. No.

Q. Mr. Todd? - A. They said he was.

Q. Mr. Groombridge? - A. They said he was.

Q. Mr. Groom? - A. They said he was, I did not see them.

WILLIAM KIRTAIN sworn. - Q. Where do you live? - A. In Whitecross-street; I am a butcher.

Q. Were you present on this Saturday night, when any thing happened between Painter and Richardson? - A. Yes, I had been out with some meat, and coming home, and they had been falling out.

Q. Where did you see them? - A. I saw Painter stripped in his shirt, at his own door.

Q. Where was Richardson? - A. In his own shop, going to pull his clothes off.

Q. Were they then quarreling with one another? A. They pulled off their clothes both of them, and went into the street, and went to fighting.

Q. Were there a good many people there? - A. Yes.

Q. Was there any thing of a ring made? - A. A little bit of a ring, not much.

Q. They struck one another? - A. Yes, repeatedly; I saw one foul blow struck.

Q. What do you call a foul blow? - A. When persons are fighting, one hitting the other on the ground.

Q. Who gave this blow on the ground? - A. Painter.

Q. Was Richardson on the ground? - A. They were both down at that time.

Q. Did you see where he struck him? - A. On the side.

Q. Did they both get up again? - A. Yes.

Q. Did they continue fighting? - A. Yes.

Q. Did you see Richardson do any thing to Painter, when they were upon the ground? - A. No, I did not.

Q. Were they down upon the ground again? - A. Yes, both of them.

Q. How did it happen this fighting was put an end to? - A. John Lee, a person in the same street, came and took Richardson away.

Q. Lee then in fact parted them? - A. Yes.

Q. Did you go home with Richardson any part of the way? - A. No.

Q. Did you see the prisoner Jenkins there? - A. Yes.

Q. Did you see him doing any thing? - A. No, I did not.

Cross-examined by Mr. Knowlys. - Q. What you call a foul blow, was striking him on the ground? - A. Yes.

Q. They were both on the ground then-when he struck him that blow, did he not charge him with biting him? - A. No, not while he was on the ground; he said he bit him afterwards.

Q. That was the reason he gave for striking him? - A. I heard him say he bit him on the side, but did not say that was the reason of his striking him.

Q. You call it unfair to bite? - A. Yes.

Q. Would not you have done the same thing? - A. I don't know.

Q. When they were parted and went away, you thought no great harm had happened to either of them? - A. No.

Q. Painter did not come off quite scot-free, he had his bruises as well as the other? - A. I cannot say, I did not see any; I went home when they had the last fall.

Q. You did not think any thing serious had happened to either of them? - A. No.

THOMAS MOULTON sworn. - I am a sawmaker.

Q. Was you at Whitecross-street the Saturday night this happened? - A. I was; the first I saw was, they both came out of their respective shops, stripped, and they engaged directly as they came out; I saw three or four rounds; they both fell; Richardson was uppermost at that time; I saw several men holding of Richardson; I desired them to let him loose, not to hold him; some one made a reply, they did not hold him; with that I saw a man in a smock frock give him several kicks; they were both then upon the ground; I asked them whether they were going to murder the man; with that Painter got up, and said d-n my eyes, they are going to murder me; after that they were going to set-to again; this man in the smock frock began hustling me about; he desired me to get out of the way; with that he d-d my old eyes, and bid me get out of the way, I had no business there; with that I took his advice and walked to the other side of the way till it ended.

Q. Who that man in the smock frock was you don't know? - A. I do not; the last fall they had they came close to where I stood, on the other side of the street; there was great pushing among the people, and several of them sell, one in particular sell in the kennel, my attention was taken to him, and I did not see any more of it.

Cross-examined by Mr. Knowlys. Q. Your attention was not drawn to it till they were actually stripped? - A. No.

Q. Though you did not know the man in the smock frock, it was neither of the prisoners? - A. To my knowledge it was not.

WILLIAM MALDEN sworn. - I am a sawmaker: On the Saturday evening this affair happened, about the hour of ten or something after, as I was going to buy some necessaries for the succeeding week, I saw a mob of people standing before the door; I heard Painter say that he would fight the other, six guineas to five; they went from there over to the chandler's shop.

Q. Who did you see go? - A. Painter; somebody followed him, I cannot say who it was; they went into the shop, and I saw Painter come out again.

Q. Where was Richardson at this time? - A. I believe he might be in doors, I did not see him; when Painter came back again, I heard Richardson say, he never had the bailiffs in his house.

Q. To whom? - A. To Painter; I heard Painter say, nor I any more than you; and Richardson replied then, I did not say you had; then afterwards there were some words between them about buying pigs, but I did not pay much attention to what they were saying; then I saw Richardson pull off his coat and waistcoat and shirt, and come out to fight the other, and they sell to fighting, and while they were fighting I saw several people hold Richardson up with their knees, to support him from falling; and one round, when they were falling, I saw a man kick Richardson's face.

Q. How was that man dressed? - A. I cannot say.

Q. Do you know who that man was? - A. No, I cannot say.

Q. Did you see Jenkins there? - A. Yes.

Q. Did you see him do any thing? - A. No, I did not; I saw them fall, and Richardson was undermost; my shop-mate said, "D-n you, are you going to murder the man; "the men were then picked up.

Cross-examined by Mr. Knowlys. Q. You did not hear all the abuse that passed between them? - A. I did not.

Q. The first person you saw stripped was the deceased? - A. No; the first person I saw stripped was Painter.

Q. You saw Richardson stripped, and coming out? - A. Yes.

JOHN LEE sworn. - Q. Was you at the beginning of this unfortunate affair? - A. No, I was not; I came down from my own house, Richardson was standing with his back towards his house, and Painter and he fighting a round, and Painter threw him down right a-cross the kennel; I went to pick him up, and somebody gave me a kick a-cross the nose; who it was I cannot tell.

Q. You parted them, did you? - A. Yes; I took him away to the Bell public-house, and desired Mr. Brunnell to rub him in the face with some brandy, to prevent him having black eyes; I left him there; his face seemed to be bruized very much, it was all over blood.

Cross-examined by Mr. Knowlys. Q. You looked upon it as a mere black-eye business; you did not know any harm was done? - A. No; not that night.

Q. You did not see whether he was washed under a pump? - A. There was no pump in the place, he washed his hands under the cock; he was not there a quarter of a minute, I don't suppose there was a quarter of a pint of water on him.

William Lucas and William M'Donald, the surgeon and apothecary, were called, but not appearing, their recognizances were ordered to be estreated; for want of whose testimony the Jury were directed by the Court to find the prisoners

Both NOT GUILTY .

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

Reference Number: t17970215-17

134. MARY CAYE was indicted for feloniously stealing, on the 8th of February , eighteen yards of black silk lace, value 48s. one yard of black silk lace, value 3s. 9d. thirteen yards of black silk lace, value 52s. two yards and a half of black silk lace, value 10s. nine yards of thread lace, value 39s. five yards and a half of white thread lace, value 22s. two yards of white thread lace, value 7s. 6d. and two yards and one eighth of white thread lace, value 8s. 6d. the property of Peter Wells , William Wells , Benjamin Gilchrist , and William Neville , privately, in their shop .

BENJAMIN GILCHRIST sworn. - I am a haberdasher , at No. 52, Fleet-street, the sign of the Three Pigeons and Mitre , in partnership with Peter Wells and William Wells, Myself, and William Neville : The prisoner was at our house on Wednesday the eight of this month, between two and three; she bought two articles; I did not attend her myself, but I received the money after the goods were put up; I understood that she had taken some lace, and I desired one of my young men, John Simmons, to follow her and see where she went; I presently received a message from him to come to Mr. Knapp's the pastry-cook in Fleet-street; I went there, and sent for Mr. March the Ward beadle, to search her; I there saw a card of black lace that had been taken from her; I saw the beadle search her, and take from her another card of black lace, which I know to be our own, I know it by my own hand-writing; I also saw him take from her another card, containing five sundry remnants, which are specified in the indictment, they were white thread edgings; and, in shaking her cloaths, a piece of narrow thread lace likewise sell from her, which appeared to have been held in the hand, by the form in which I took it up; it was done up in half-yard lengths; I then took her to the Compter; they had all my own marks, every one of them.

Q. Did she say any thing at the time? - A. Yes; she said, Pray let me go now, you have got your property; she begged again, and importuned me very much.

Q. Did she say who she was? - A. No; she would not say who she was.

Cross-examined by Mr. Knapp. Q. Your's is a very considerable haberdasher's-shop, as we all know, in Fleet-street? - A. Yes.

Q. I observe, as we go along, we see the names of Wells, Fisher, and Headeach? - A. No.

Q. Nor ever was? - A. Yes; but Mr. Fisher has been from the house four or five years; and Mr. Headeach thirteen months.

Q. Their names are still upon the shop-bills? - A. Mr. Headeach's, not Mr. Fisher's.

Q. How many persons are there in your shop? - A. I must begin to count them.

Q. I thought so; nine or ten, perhaps? - A. I believe there may.

Q. They are not all here? - A. Only the young woman that attended her, and the young man that I sent out.

A. The rest are at home? - A. Yes.

Q. You stated something that she said; had you said any thing to her first? - A. I had accused her of stealing the lace.

Q. Did not you tell her it would be better for her if she told you what became of the lace? -

Court. Q. That cannot affect the evidence that he has given, for she only said, now you have got your property back. - You had a number of people in your shop? - A. Yes.

JOHN SIMMONS sworn. - I am articled to the house of Wells and Company; at the request of Mr. Gilchrist I followed the prisoner down the

street upon the other side of the way, and observed her till the moment she went into Mr. Knapp's, the pastry-cook's-shop; I did not see her go in at the door; supposing she might have gone into the shop, I went opposite the shop, and perceived the same coloured ribbons she had on in the shop; I immediately crossed over the way, and went up to Mr. Knapp's door, and at the moment I got to the door, I saw her take a card of lace from the bottom of her gown, it was pinned up; I immediately went into the shop, and put my hand upon the piece of lace, which was covered up with a handkerchief, and begged to look at it; the handkerchief was before lying upon the counter, and she put it into the handkerchief and turned the ends over it; I looked at the card, and saw it had our private mark; I sent immediately for Mr. Gilchrist, and Mr. March; Mr. March searched her, and he took another card of black lace out of the same place where she took this out; I saw him take it out; I likewise saw him take out the card of remnants, Mr. Gilchrist mentioned, out of her pocket, the right-hand side; I know nothing of the lengths of the lace, any more than seeing them upon the counter; I did not see him take them from her, and I went with Mr. Gilchrist with her to the Compter; I understood her to say, take your property and set me at liberty; I did not hear her say who she was.

Q. Was you in the shop at the time the prisoner was? - A. Yes.

Q. Did you see her take any thing? - A. I did not.

Cross-examined by Mr. Knapp. Q. At this time a number of persons were serving in this shop? - A. Yes.

ELIZABETH JACKSON sworn. - I am shop-woman to Wells and Company; the prisoner came into the shop on the 8th of this month, to look at some black lace, which I shewed her; she wanted to match some, she brought a small piece with her, she looked at some, but we did not agree about the price; she wished to look at some white thread lace, I shewed her some, which was a box of remnants; she bought one at three shillings, there were two yards and a quarter of it; afterwards she wished to look at some other of different prices, from three shillings to six shillings; she took two pieces of white lace into her muff, I saw her draw them and I took them from her; she asked for some blue pealing satin; I was so much agitated at taking the lace from her that I called to one of the young girls behind the counter, and she called to one of the shop-men to serve her, his name is Grieve, he is not here; he cut off a yard of pealing satin.

Q. At the time you were serving her, were those cards of black lace open so that she could take them? - A. Yes; I opened the box myself.

Q. Were the remnants in the same box? - A. No; they were all in separate boxes.

Q. Had you opened the other boxes? - A. Yes.

Q. Have you seen the remnants since? - A. Yes.

Q. Were they in the same box? - A. Yes; I saw the card of lace at the time I was serving her that had the remnants upon it.

Cross-examined by Mr. Knapp. Q. You saw this card of lace in the box? - A. There was a box of white lace, a box of black lace, and a box of remnants.

Q. How many persons might be near you at the time? - A. There might be three, or there might be four; one person might be within two yards.

Q. Is that person here? - A. No.

Q. A lady or gentleman? - A. A gentleman.

Q. Whether he saw it or not you don't know? - A. He told me he did not.

( William March , the ward beadle, produced the lace, which was deposed to by Mr. Gilchrist).

The prisoner left her defence to her Counsel.

GUILTY, (Aged 30).

Of stealing, but not privately in the shop .

Transported for seven years .

Tried by the London Jury, before Mr. Justice ROOKE.

Reference Number: t17970215-18

135. JOHN BROOK was indicted for feloniously stealing, on the 19th of January , 30lb. weight of hemp, value 10s. the property of James Atkinson , Stephen Atkinson , and James Yates .

JOHN THOMPSON sworn. - I am in the employment of Mr. Watson, who lives in Burr-street; he is a wharfinger, his wharf is at St. Catherine's: On the 19th of January, I loaded two waggon loads of hemp, and sent them to Messrs. Atkinsons, in Mincing-lane; it was deposited in the warehouse, for Messrs. James Atkinson , Stephen Atkinson , and James Yates; I have very large dealings with them, and I know those are the partners; I loaded it by the order of Mr. Yates.

Q. Whose waggons were they? - A. They were both James Bryant 's waggons, he lives in East-smithfield.

Q. What time of the day was this? - A. Between ten and eleven.

Q. Do you know the prisoner? - A. Yes, he drove Bryant's waggon at that time, he was at the loading of the hemp; I saw the prisoner at the bar drive one of the waggons away from the warehouse, between eleven and twelve; I saw no more of him that day; the next day I saw a parcel of hemp at the office.

Q. He came there to load and take away the hemp, as the servant of Mr. Bryant? - A. Yes; he did.

JAMES BRYANT sworn. - I keep carts and wag

gons for hire, No. 5, Red-cross-street, Lower-East-smithfield: Mr. Watson's man came to me, and ordered a waggon down, to load a load of hemp; the prisoner was servant to me, and I sent him with the waggon; I went down afterwards and helped to load the waggon; I believe it was on Thursday, the 19th; the hemp was to go to Brook's wharf, for Messrs. Atkinson and Yates, it was to go away in a barge; just as the waggon was loaded, I went to order another, and when I came back with the other waggon, he was gone to get a pint of beer; he had drawn off I suppose about a hundred yards.

Q. Did you see the prisoner there? - A. Yes, in the public-house, and I told him to come out, and go along with the team, which he did.

Q. Was any body with him? - A. I did not send any body with him, nor I did not see any body with him.

Q. Was the waggon standing in it's way to the Wharf? - A. Yes; soon after, I heard from Mr. Needes, that there was a quantity of hemp gone; that was about half an hour after I saw him at the public-house; and then I went with Mr. Needes, and another man that was seen to take it into Brush-alley, in a shed, in East-smithfield, and Mrs. M'Ginnis opened the door of the place; I went in and counted the heads of hemp; there were six of them.

Q. They are loaded by weight? - A. Yes.

Q. What weight might be those six heads? - A. I cannot say; I went after the prisoner to Brook's wharf, and he was almost unloaded; I told him he must go with me to Ayliffe-street, with the team, to take a load and when we got there, there was an officer, and I gave charge of him; then I went back after the other man, and he was run away; the officer has got the hemp here.

- NEEDES sworn. - I am foreman to Mr. Richard Bryant , he lives at the Strong man, in East-smithfield, I live at 3l, in Dunghill-lane: On the 19th of January, a little after eleven o'clock, I was going up to East-Smithfield, and I saw two or three bundles of hemp tumbled out of Mr. Bryant's waggon; I knew the waggon very well, I did not see any driver with it; it was between the Black-horse and Tower-hill, it was going on; I saw a man pick up two or three heads of hemp.

Q. Did you see the hemp fall from the waggon, or pulled down? - A. I saw two bundles fall out of the waggon.

Q. Who was the man that picked them up? - A. A man that did work for Mr. Bryant at that time; it was the man that ran away, I thought he was the driver; he ran after the waggon, and I thought he was going to put it into the waggon; and as soon as he was got level with the waggon, he ran up an passage with what he had in his arms; I don't know the name of the passage; it is a little narrow passage, goes up between two broker's shops; at the time that he ran up the passage, the waggon stopped, and then I saw the prisoner at the bar go to the fore-part of the waggon, with the whip in his hand, and take a parcel out, and run up the same passage with it, after the other man; I stopped to see whether they came back again, and they were gone about two minutes, and then he drew on his waggon as usual, and the other ran away; I saw them go into a little shed with it; the door was but about eight or ten yards from the street.

Q. Did you see them try to get into the shed, and go away? - A. No; I saw them open the door at once, and come away again.

Q. Did they bring any hemp out with them again? - A. No; the officer has got the hemp.

MARY M'GINNIS sworn. - I live in Brush-alley, East-Smithfield; the prisoner has been a lodger of mine going of three months; the prisoner came to my door with another man that I never saw before, and brought a bundle of hemp; the prisoner asked me to leave it in my room for a few minutes; I told him that my room was very narrow, and there was not room for it; I told him there was the key of the shed, they might put it in there, and I gave him the key; he told me he did not know where the shed was, and I gave him directions to find it; it is at the entrance of the alley; he went away with the key and the hemp, and the other man with him, and he brought me the key again; in about a quarter of an hour, or a little more, Mr. Bryant came to enquire after it, and asked for the key of the shed; the officer came afterwards, and took away the hemp.

Q. How came you to assist him in depositing this hemp? - A. I thought it had fell of his cart, and he would call again for it.

Prisoner. I told her it had fell off my waggon, and I could not keep it on.

Court. Q. Did the prisoner tell you it had fell off his waggon? - A. No.

RICHARD OSBORNE sworn. - I am an officer; I was sent for to apprehend the prisoner; I took him in custody from the team in Ayliffe-street, to the Office, and locked him up, and them I went with Mr. Needes to Mrs. M'Ginnis's shed, in Brush-alley, and found this hemp; I asked her for the key, and she gave it me immediately; (the hemp produced); I weighed it at the Office, there is 30lb. of it.

Thompson. I cannot speak to this hemp being the same that was loaded.

Prisoner's defence. The hemp was dropped from the waggon; it dropped off the hinder part, and the people called out to me that there was some

hemp dropped off; and then I threw two of the heads up to the top of the waggon, and just before I got opposite Brush-alley it fell off the waggon again, and I put it upon the shaft of the waggon, and my fellow-servant said, if I was you, I would put it in here where you lodge, and not have any more trouble with it, and call for it as you come back; and I told Mrs. M'Ginnis I would call for it again in a few minutes when I came back; but my master ordered me another way, that I could not call as I came back for it.

Q. (To Bryant.) How long has the prisoner been your carman? - A. About a month, or five or six weeks, I cannot say exactly.

Q. When you saw him at Brook's wharf, did he tell you that he had not brought the whole of the hemp there, or any thing about an accident of its falling out of the waggon and being dirtied? - A. No.

Q. Was the hemp packed in a proper state, without danger of falling out? - A. Yes; it appeared to me to be loaded extremely well.

Q. You received no information from him that it was in this shed? - A. No; Needes knew my waggon, and he told me of it.

GUILTY .

Transported for seven years .

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

Reference Number: t17970215-19

136. THOMAS JOSLYN was indicted for feloniously stealing, on the 6th of February, one pair of linen sheets, value 5s. one calimanco petticoat, value 3s. and one calico morning gown, value 3s. the property of William Carrison .

SUSANNAH CARRISON sworn. I am a married woman, my husband's name is William Carrison; I have a second floor, at No. 286, Strand ; I went out on Monday week, the 6th of February, about three o'clock, and about eight I returned, and found my bed-room door open.

Q. Had you left it fastened? - A. I cannot say whether it was locked; I missed a pair of sheets I had just taken off the bed before I went out, a calico printed morning-gown, and a calimanco petticoat; the next day I searched the pawnbrokers, I suppose about a dozen, and I found all my property at a Mr. Friere's, a pawnbroker's.

Q. Did you know any thing of the prisoner? - A. No; I had never seen him, to the best of my knowledge.

NESON BEAR sworn. - Q. What are you? - A. I am a Jew, I buy clothes; I went in the street about my business, and the prisoner met me; he offered to sell me a duplicate he had of some clothes in pawn on Thursday last; he did not tell me where he had pawned them, I never saw him before; I asked him how much he wanted for it, he said, three shillings; I gave him an answer I would give him three shillings, but he should go along with me, and let me see them, because I cannot read this language, I am a stranger to this country; he went with me (I cannot tell the street), to Mr. Friere's, a pawnbroker; I went in and gave the duplicate to the man to let me see the clothes, but he did not, he said he should let me see them by and by; at the same time he sent for an officer, and gave charge of me.

Q. Did he give the prisoner in charge as well as you? - A. He charged the officer with both of us.

JOHN WOOD CAFFLE sworn. - I am servant to Mr. Friere, pawnbroker, in Little Pulteney-street, Golden-square: On the 6th of February, about eight o'clock in the evening, the prisoner came and offered a pair of linen sheets, a calico bed-gown, a calimanco petticoat, and two gowns, which are not mentioned in this indictment, to pledge, and asked one guinea and an half for them; I lent him a guinea upon them.

Q. Had he ever been at your house before? - A. Not that I know of, I had never seen him before.

Q. Did you ask him any questions about the goods? - A. He told me they were his property, that he had his goods seized, and wanted to make up this money to save his goods that were seized; the next day Mrs. Carrison came with some patterns of things which he had pledged the over-night; she saw them, and said they were her property; on Thursday night following the last witness brought the duplicate of the things, and asked to see them; the prisoner waited at the outside of the door; I, in the mean while, sent to Marlborough-street, and got an officer and took them both up.

JOHN WARREN sworn. - I am an officer of Marlborough street, On Thursday, the 9th of this month, I was sent for to Mr. Friere's; I took Bear into custody; he said, it was not him, that it was a man that waited at the outside of the door that gave him the duplicate; I went out and fetched the prisoner into the shop; I searched him, and found these pick lock-keys, (produces them); he told me, while I was searching him, that he was a smith by trade.

Q. Did you find all those keys? - A. Yes; they are what are called skeletons.

Prisoner. The keys are my property; I keep a smith's shop .

Witness. I took him to the Office, he was committed, and the Jew was bound over; the prisoner was very willing to go along with me;(Casstle produces the goods).

Mrs. Carrison. The sheets are mine, they are marked; the calico morning-gown was made out of a long gown, I have a piece of it in my pocket; the petticoat is mine, I had not enough of it, and I have mended it with black and blue.

Prisoner's defence. On Monday week last, in the evening, going towards Little Pulteney-street, (I keep a house in Spur-street, Leicester-square) I met a man who had formerly worked with me, about fourteen years ago; he asked me to go and pledge some things for him, he had sent his wise to Birmingham, and he was going for her; I told him if they were his property I would pledge them; I went to Mr. Friere's, and pledged them for a guinea in his name, Thomas Smith ; I brought him out the guinea, and gave him the duplicate; he asked me if I would have any thing to drink, I said I don't care; as he was going away he gave it me again; he said, you may make the best use of them you can, if I don't take them out in two days; coming along Marlborough-street, I met this Jew; I said to myself, If this Jew will have them he shall; the pawnbroker has said, that I never pledged any thing there; I can produce in Court duplicates that me and my wife have had, of things we have pledged.

Warren. He had duplicates about him when I searched him. (The prisoner shews Caffle a duplicate).

Caffle. This is our duplicate; but I don't remember seeing the man.

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

GUILTY (Aged 42). Transported for seven years .

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

Reference Number: t17970215-20

137. JOANNA WEBB was indicted for feloniously stealing, on the 29th of January , two linen bed-curtains, value 4s. a linen head-cloth, value 1s. a piece of linen called a tester, value 6d. and three valances, value 6d. the property of John Sudbury , in a lodging-room .

CATHERINE SUDBURY sworn. - I am a married woman, my husband's name is John Sudbury; I live in Dyot-street , at the back of Bedford-chapel: I keep a lodging-house , the prisoner took a room of me last Thursday was three weeks, and agreed to pay the rent every half week, she was to pay two shillings for the half week; she was to pay her rent according to the time it became due the first half week; I heard a very indifferent character of her after she came to me; on the Sunday after, I urged her very much for her rent, and could not get it from her; she would not let me, not any body I sent, into the room; that gave me a suspicion there were some of the things gone out of the room, and on Tuesday morning I went up to the room about ten o'clock; when I went up, I found the door padlocked; I went down stairs and brought up a hammer, and drew the staple of the padlock; when I got into the room I found the curtains all gone off the bed; I said nothing about it only to one person in the house, that if she saw the prisoner at the bar to let me know; I missed other articles likewise; the curtains were pawned at Mrs. Payne's, Bow-street, Bloomsbury, for six shillings and sixpence, the other things I had delivered to me at Bow-street; I sent for the constable, Mumford, he found the ticket in her possession, I saw her searched; she was then at Mr. Pearl's, in Church-lane, a few doors off me.

THOMAS MUMFORD sworn. - I took up the prisoner, and found a duplicate of the curtains upon her, (produces it); I went to the pawnbroker's with it, and then took her to the Magistrate.

SAMUEL AVELY sworn. - I live with Mrs. Payne, Bow-street, Bloomsbury: The latter end of last month, the prisoner came, with another woman, to our shop; the woman brought some curtains to pledge, (produces them); on questioning her about them, she said they were her property.

Q. Which of them said so? - A. The woman that came with the prisoner; I lent six shillings and sixpence upon them.

Q. Are you positive as to the prisoner, that she came? - A. Yes.

Mrs. Sudbury. These are my property, I have a piece of the same in my pocket; there are no particular marks about them.

Prisoner's defence. When I took the room of her I had a deal of sickness, I had been in the hospital, my children were ill, and I was in a great deal of distress when I was in this place; I had no money to go to market, my children cried with hunger; I thought it not wrong to take the curtains and pawn, to get some money to go to market and buy a bushel of apples; I locked the room, and went out; when I came back again, a man met me, he asked me when I heard of my husband; he insisted upon my going into a house to have something to drink; while I was there, the gentlewoman and her husband came and took me; he asked for the duplicate, I gave it him; Mrs. Sudbury said, "I have had that room robbed before, and you shall pay for all; "the constable went up stairs with me to see about the things; when I came to the room door, I said, this door has been opened; "Yes," says Mrs. Sudbury, "I have opened it;" when she came into the room, I said, there is the glass and every thing; she took me to Bow-street, and sent for the pawnbroker, he did not come the first hearing; Mrs. Sudbury said, "if you will give me thirteen shillings you shall go free;" I said, if I had had thirteen shillings I should not have taken

the curtains; I had two shillings, and I gave them to her.

NOT GUILTY .

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

Reference Number: t17970215-21

138. JAMES NEEDHAM was indicted for feloniously stealing, on the 12th of January , two woollen blankets, value 2s. two pillows, value 2s. a linen bed quilt, value 2s. the property of Bartholomew Starling .

ANN STARLING sworn. - I am a married woman, my husband's name is Bartholomew Starling , we keep the Grange Inn, Carey-street ; the prisoner at the bar, on the 11th or 12th of January, went out -

Q. Do you remember the day of the week? - A. I don't upon my word; a girl gave me the information, that he had something in his lap, he was quartered at my house; he went out about seven o'clock in the evening, and came in again in a few minutes; I had him stopped, and sent for a constable to take him to Bow-street, and had him examined; we found nothing upon him; I missed the articles in the indictment out of the room where he lodged, but not from his his bed, there were two beds in one room; when we returned from Bow-street, I said, I was certain he had them; if he would give them me, I would say no more about it; he told me where he had sold them, to Mrs. Gest, about a mile and an half from our house; I went and saw the things at Mrs. Gest's; I knew them to be mine, (produces them); the pillows are hemmed and patched, the blankets I know by often seeing them, one of them is a patched one; the bed quilt was a gown of my own, I made it into a curtain, and then into a bed quilt, I know it by the figure; the officer at Queen's -square, Westminster, took them into his possession, he is not here, he delivered them to me; I have kept them ever since.

Q. How long had this soldier been in your apartments? - A. About three months.

ELIZABETH GEST sworn. - I only know the prisoner as having bought the things of him.

Q. Are you a married woman? - A. Yes, my husband is a lath-render; I saw the prisoner offering something for safe at a shop near me, I heard them bid money; he crossed the way and went to another shop, and they bid him money, but what I cannot tell; then I crossed the way to him, and asked him what he had to sell; he said, this blanket; I asked him if it was his own; he said; yes; he said, if I would take it to my own place he would let me see it; I keep a small house for my family; he said the price of it was two shillings, which I gave him for this blanket; about three days after, in the evening, he called again, and asked me if I would buy two pillows and a blanket; I said I was loath to part with my money, as I was near lying in; I had but one and twenty pence halfpenny, which I gave him for them; about three days after that, he came with a bed quilt, which I gave him two shillings and six-pence for; it was very old.

Q. Are you sure that is the man you bought the things of? - A. Yes; the same night the soldier came with the landlady, I gave the things up to the constable.

Q. Look at the things, and see whether they are the same you bought? - A. Yes, I am positive of it; one was a bed quilt; I cut it in two, and made curtains of it.

Prisoner's defence. As I was coming down the Strand, about six weeks ago, I bought these things of a man, and gave him four shillings for them.

The prisoner called his serjeant, who gave him a good-character.

GUILTY . (Aged 26.) Confined six months in the House of Correction , and fined 1s.

Tried by the first Middlesex Jury, before Mr. RECORDER.

Reference Number: t17970215-22

139. ROSE PHILLIPS was indicted for feloniously stealing, on the 25th of January , eleven printed muslin shawls, value 45s. the property of Edward Buttenshaw .

EDWARD BUTTENSHAW sworn. - I am a linen-draper , at No. 106, Minories : -

Q. Have you any partner? - A. None; the shop is mine. On Wednesday, the 25th of January, between the hours of four and five, I was robbed; I was in the shop; I saw nothing of the robbery, I can only prove the property.

Q. Had you then lit your candle? - A. No; I believe we had not: on that day, between three and four o'clock, I sent my eldest apprentice across the way, to watch for the prisoner at the bar; I had seen her, several days before, attempt to take the things from the door, I believe, for nearly a fortnight; I am sure it is the same person.

EBENEZER BUTTON sworn. - I am an apprentice to Mr. Buttenshaw, in the Minories: On Wednesday, the 25th of January, between four and five o'clock, I went over the way to a brother of Mr. Buttenshaw's, nearly opposite, and saw the prisoner come and look at the shawls, and draw them three or four inches over the iron; they were printed muslin shawls; she did so a second time, and a third time she came and reached up and took them; she pulled them off and put them under her cloak; I then ran over, and when I had got within a few-feet of her, she saw me; she pulled them from under her cloak, and flung them down, and ran away; -

Q. Are you sure she completely pulled them off the rail? - A. Yes; she had got several yards when she threw them down; I left the shawls, and ran after her, and caught hold of her within two or three yards of where the shawls laid; I never lost fight of her; a little boy picked up the shawls, and brought them to me; the constable has them now; Mr. Buttenshaw gave them to him; I gave them to Mr. Buttenshaw.

Did you put any mark upon them? - A. No; I shall know them again when they are produced.

Q. What may be the value of them? - A. Forty-five shillings; they cost that.

Richard Tippen, the constable, produced the shawls, which were deposed to by Mr. Buttenshaw.

Prisoner's defence. I am a hard-working girl; I am a foreigner; I came from Amsterdam; I was never guilty of any such thing; I went to an acquaintance of mine; I never took a sight of the property.

GUILTY , (Aged 26.)

Confined six months in the House of Correction , and fined 1s.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970215-23

140. SARAH MORRIS was indicted for feloniously stealing, on the 20th of January , one set of cotton furniture for a field bedstead, value 2l. 10s. two feather beds, value 6l. 6s. one bolster, value 10s. one pillow, value 4s. one linen pillow-case, value 2s. two linen sheets, value 10s. three woollen blankets, value 1l. 4s. one patch-work bed quilt, value 10s. two damask curtains, value 16s. one mahogany table, value 14s. one mahogany claw-table, value 10s. two oval looking-glasses, value 6s. one carpet, value 1l. 6s. one mahogany basonstand, value 5s. one pair of tongs, value 1s. one iron poker, value 1s. and one iron shovel, value 1s. the property of Robert Whittal .

Second Count. Laying them to be the property of George Hubbard .

FRANCIS WHITTAL sworn. Q. Are you any relation of Robert Whittal? - A. No; I don't know such a person.

Q. Do you keep a house? - A. Yes; at Lambeth.

Q. Were these goods stolen from your house at Lambeth? - A. No; from a house joining the Bell-Savage yard, Ludgate-hill ; I have lodgings there; they were taken from my lodgings.

Q. Were they your own property? - A. Yes; I furnished the lodgings myself; I let the first-floor to a gentleman of the name of Hubbard, who is here; he has had part of it ever since last February, the other part he had in June last; I only let him the first floor.

Q. Had you any apartments then? - A. Yes; the attic and the second floor; the prisoner occupied one of the rooms in the attic, under me, as tenant; soon after Mr. Hubbard had the first floor, he left the apartments.

Q. How long has the prisoner been there? - A. Two years next March; she was there before Mr. Hubbard, and remained there till she was taken up; when Mr. Hubbard quitted the apartments, he did not give me possession of them; he gave this woman possession; I began to grow uneasy, when I could not get possession of my apartments; I applied to Mr. Hubbard, after a considerable time had elapsed; Mr. Hubbard came, and forced possession, by breaking the door open.

Q. Who had the key at this time? - A. The prisoner; I never had the key; when the door was forced, the property mentioned in the indictment was missing.

Q. Was you present when the door was forced? - A. Yes.

Q. Has the property ever been recovered? - A. No; I have seen some of it at the pawnbrokers', who are here.

Cross-examined by Mr. Alley. Q. Whereabout in Ludgate hill is this house? - A. The front of the house is in the Bell-Savage-yard.

Q. You let this out in lodgings to different persons? - A. Yes.

Q. You had a house at Lambeth, for your family? - A. Yes.

Q. You occasionally slept at this place? - A. Yes.

Q. Where you slept was where the prisoner slept? - A. Yes.

Q. The door was opposite? - A. Yes.

Q. Had she an apartment of you? - A. Yes.

Q. I believe she had liberty to go out and in when she pleased? - A. Not in my apartments.

Q. Do you mean to say, she had not the liberty to do any thing in the different apartments in that house? - A. Certainly not.

Q. Your wife lived at Lambeth? - A. Yes.

Q. This woman lived at Ludgate-hill? - A. Yes.

Q. Did she pay any rent for that room? - A. Yes, a small part; but she was a great deal in arrears.

Q. Do you mean to tell me she had not the liberty to go into the different apartments of that house? - A. I mean to say so.

Q. Upon your oath, had she not a right to go about as she pleased, and had she not an order from you to do so? - A. She had not.

Q. How long had she lived there? - A. She had been there almost two years.

Q. She was there before Mr. Hubbard? - A. Yes.

Q. And had access to the different apartments, before he came there? - A. She had one room for

some time on the second floor, but she gave it up when I found another tenant.

Q. Tell us what you mean to state - how many apartments had she before Mr. Hubbard came there? - A. Only one when he came.

Q. Before that, she had liberty to go in and out where she pleased? - A. No.

Q. Do you mean to tell me now, she had not the liberty to go in and out your own room? - A. She may have been in and out.

I thought so. - Q. Then you mean to say you did not give her the disposing of your property? - A. Certainly not.

Q. She was in these premises as a lodger? - A. Yes; as a lodger.

Q. You kept this room for her use when you thought it convenient to sleep in town? - A. I kept it for my own use.

Q. You used to sleep there now and then? - A. Yes; I did last night.

Q. You still keep a house for your family, at Lambeth? - A. Yes.

Q. When did you miss this property? - A. I cannot tell when I first missed it; I missed it when my doors were forced open.

Q. This woman was in possession before this? - A. Not by me.

Q. Among the other liberties she was permitted to take, she was not permitted to dispose of any of your property? - A. I don't know what you mean.

GEORGE HUBBARD sworn. - I took possession of these apartments of Mr. Whittal, about February last, one of the rooms, and about the beginning of June, another of the rooms; Mr. Whittal recommended the prisoner at the bar to me, as an honest, sober, industrious woman, who would look after the rooms, keep them clean, light my fire, get my breakfast, and so on; he said she was needy, but she was honest: the latter end of June last, I had no occasion for the rooms, and I delivered to her the keys of the rooms, and desired her to give up the possession to Mr. Whittal; a few days after I had left the possession of the rooms, Mr. Whittal called at my chambers, wondering he had not the possession given up to him, and the keys; I told him I had no further occasion for the rooms, and had left them with Mrs. Morris; she had been with me, and said she had a quantity of smuggled goods in, and thought Mr. Whittal would be displeased, and wished me to let her have possession for a few days, in order that she might get rid of the goods; to which I consented; Mr. Whittal called repeatedly after that, and wished to have some possession, and intimated that he was afraid some part of the property might be made off with; after some time, I desired the keys of her; she amused us both for about six months in this way; I then said, at last, I would go with him, and force the doors.

Q. Did you demand possession of her? - A. Yes; she continually amused me, and said these smugglers would pay the rent, and it would be no inconvenience to me or him; I went with Mr. Whittal and a Mr. Vincent, and another person; and we forced the doors; Mrs. Morris was not at home at the time; I wished she had; on entering the rooms, we missed the principal parts of the furniture in the room, almost every thing; after this she was taken up, and had before the Magistrate at Guildhall; I obtained possession of the duplicates of all this property, and compared them with the furniture that should have been in the rooms; I considered it was the distress of this poor creature that drove her to it, and went to all the pawnbrokers to get the property, that she might not be brought here; they would not consent, consequently we were obliged to go on with this prosecution; she was committed; the pawnbrokers are here with part of the property, which Mr. Whittal can identity.

Cross-examined by Mr. Alley. Q. You thought this woman an honest woman? - A. During the time I had been backwards and forwards, I thought her so.

Court. Q. Did you take these as ready furnished lodgings? - A. Yes; all the furniture in the indictment was in the room.

Mr. Alley. Q. This poor woman, after you left the premises, said some goods were there? - A. Yes.

Q. She did not tell you the nature of the property? - A. No.

Q. The room door, where Whittal slept was opposite to this woman's door? - A. Yes.

Q. She had authority to stay there by him? - A. Yes; she hired a room of him.

Q. She had possession of these rooms, to take care of them? - A. She had them from me, to deliver up to Mr. Whittal.

Q. You considered her as honest? - A. I always thought so; I could not give credit to the intimation of Mr. Whittal; and I have one thing to say of her, I have given her a thirty pound note at one time, to take care of, and a twenty pound at another; and she never wronged me of a farthing.

Court. Q. All this furniture was let to you with the lodgings? - A. Yes.

Court. I wish it to be understood why I put an end to this indictment; the fact is, this gentleman was not in possession of the room, nor had he delivered it up to the owner; if he had, I think she might have been charged with the felony; in this case, he was in possession of the rooms as well as the furniture; then he himself gives up that possession to another person; which appears to me to

be so much under her controul, that she cannot be charged with the felony; as it was taken with the room, and delivered up with the room, she had a full power of the room.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970215-24

141. RICHARD WHITE was indicted, for that he, in the King's highway, in and upon George Shilletto , on the 5th of February , did make an assault, putting him in fear, and taking from his person, a metal watch, value 40s. a steel chain, value 6d. two watch keys, value 6d. a metal seal, value 6d. and nine shillings, the goods and monies of the said George .

GEORGE SHILLETTO sworn. - I live in Osborn-street, St. George's in the East: On Sunday night, the 5th of February, as I was returning from Hertford, I was stopped between Enfield-wash and Edmonton ; I was in company with Mr. and Mrs. Wright, in a post-chaise.

Q. What time of the night or day was it? - A. As near as I can recollect, about a quarter after six, or half an hour past six; we were stopped by a single highwayman; he rode up to the horses, and stopped the chaise; he let down the window, and presented a pistol, and demanded our money; we all three gave him what money we had; he then demanded our watches; Mr. Wright told him he had not one, and Mrs. Wright told him the same; I told him. I had a watch, and gave it him; he then rode off; and on the Thursday following, an officer from Bow-street came to where I was employed in Bread-street.

Q. Had you given notice at Bow-street? - A. I had not.

Q. What are you? - A. Clerk to a wholesale grocer, Mrs. Naylor; an officer came there to me, and told me he had taken a man on suspicion, on Sunday night, and told me there was a watch and some other property found upon him, and Mr. Addington wished I would go to the office, to see if it was mine; I went up immediately, and saw the watch at the office; it was my watch; a metal watch, with two keys and a metal seal.

Q. What money did you give him? - A. To the best of my recollection, about nine or ten shillings.

Q. I would ask you whether you could distinguish the person of the man that robbed you? - A. I could not sufficiently to swear to him.

Q. Can you say what sized man he was? - A. I cannot.

Q. Nor the horse? - A. No.

JOHN IZOD sworn - I am a farrier, at Ponder's end: On Sunday, the 5th of this month, about half past six o'clock, I was going home, through Edmonton, when this gentleman stopped a chaise; I stopped, and saw him stop the chaise; I heard him ask for the watch and money, and shew the pistol; I was on the foot path.

Q. Do you know who it was that robbed him? - A. I cannot say further than partly his complex ion; I know what coat he had on; he was a dark man*.

*The prisoner was a Creole.

Q. Was it moon-light? - A. It was quite light.

Q. You could see the complexion of the man? - A. Yes; he was a dark complexioned man, and his hair was very rough, and a kind of a little tail behind; he had a rough blue coat on, a kind of a matted coat.

Q. What horse did he ride? - A. A while horse, with a blaze down the face, rather white nose; and then I saw a pistol, but I cannot say what sort of a pistol it was, rightly, I think it was a brass one; it was not a steel one, I am almost sure, nor yet an iron one; he turned back again, and went before the chaise.

Q. Did you hear what he said? - A. Yes; I heard him say, stop, and deliver your money and your watches.

Q. Did he see you? - A. I should think he must; he stood right over me, he could not miss seeing of me; if I had not seen the pistol, I would have went and took him if I could.

Q. Did you see which way he came towards the chaise? - A. He came from London, and then returned towards London again.

Q. Now look at the prisoner at the bar? - A. That is the gentleman.

Q. Do you mean to say positively he is the man? A. Yes; I am sure of it.

Q. What sort of a voice had he? - A. He had a very gruff voice.

Cross-examined by Mr. Knowlys. Q. What kind of a hat had he on? - A. A round hat.

Q. A great coat on? - A. A great coat buttoned round.

Q. And this was half past six? - A. Yes.

Q. I do not know whether you were here in the morning, or not? - A. No; I was not.

Q. The last trial in the morning? - A. No; I was not.

Q. Do you mean to swear that the moon was up? - A. No; I do not.

Q. Then without a moon, and at half past six, on the 5th of February, you swear to a man's complexion, do you? - A. Yes; I could swear very safely that he was a dark man, I looked at him very much.

Q. How many yards might you be off of him? - A. I was only just across the road; he was on one side of the way, and I on the other.

Q. Twenty yards, perhaps? - A. No, not so much.

Q. How much of his complexion might you see? - A. The whole; his face, when he turned his horse's head, I saw more of it.

Q. From the eye to the lower lip? - A. Yes.

Q. Had you ever seen the man before? - A. Never to my knowledge.

Q. Now I should be glad to know whether it was not extermely dusk at this time? - A. No; it was not then, I know.

Q. Will you swear that? - A. Yes; I can swear it was not dark.

Q. It was dark in some degree? - A. Yes, to be sure it was.

Q. That is the best time for observing complexions I suppose? - A. No; I cannot say it is.

Q. I should think every man's complexion would look much the same at that time? - A. I should know a dark man from a light one.

Q. And you swear positively to him? - A. Yes.

Q. Is there any reward in this case? - A. No.

Q. There is not? - A. I do not come with any such view.

Q. You do not know of any reward in this case, if the man is convicted? - A. No.

Q. You have not heard it? - A. No.

Q. How long have you been attending this Court? - A. These four days.

Q. And never heard in your life, that there was a reward for apprehending a highwayman, upon his conviction? - A. Yes.

Q. Then why did you say you had not heard of it? - A. I did not say that.

Mr. Knowlys. Then I will not ask you another question. - I am sure the Jury must have heard his answer.

Court. Q. Have not you an expectation of a share in the reward, if this man is convicted? - A. No; I have not.

Q. Did you assist in taking him? - A. No, I did not.

THOMAS BARRET sworn. - I live at Crouchend, in the parish of Hornsey, I keep the King's-head: The prisoner called, on Sunday the 5th of February, about ten minutes after seven, at my house.

Q. How was he dressed? - A. He had a blue great coat on.

Q. What hat? - A. A round hat.

Q. Did he come on horseback? - A. Yes; upon a brown mare with a white heel behind, and some white upon her face.

Q. What white upon her face? - A. I cannot say particularly what white.

Q. How far is Ponder's end from your house? - A. I never was there, but it is represented to be about six or seven miles; the mare was very hot indeed.

Q. Are you certain it was the prisoner? - A. Yes; he came up to the door, and asked if I took in horses; I was very busy, my boy was out, and I went round and let him into the stable; I would have taken his horse and tied him up, but, says he, I understand the horse better than you, I will tie him up myself; says I, my lad will be in in a few minutes, and he shall come in and dress it; says he, I would be willing to give the lad sixpence to dress my horse well; says he, could I have tea; I told him it was an unseasonable time for tea, and I could not rightly tell; he asked me if I had any thing in the house to eat; I told him we had got some nice roast beef; he seemed to like tea better; I went in and asked Mrs. Barret if she could make tea for one; she said yes, and he came in and had tea; he cleaned the horse himself, and then he came in and washed his hands, he had some eggs with his tea; it seemed a very good horse; and having heard of Lancaster being so lately shot, I thought he might be somebody of that description; I went and looked at his horse in the stable, and found the marks that I have represented to you; after that, I went into the parlour and stirred the fire, and asked him if he was warm and comfortable; he said yes; I asked him if he had rode a great way, for his horse was very hot indeed; he said, the roads were very heavy; he asked me how far it was to Highgate, and I told him; and then he asked me how far it was to Hampstead; then he asked whether the road was lighted from Highgate to town; I told him, yes; and that it was watched and well patroled; in that time, the prisoner wanted another quartern of corn for his horse, and he took it in; and the officers belonging to Mr. Addington happened to come in, and I called out one of the officers, Mr. Bacon, and I told him my thoughts upon this man; and Bacon went and looked at the horse, and then he took him.

Cross-examined by Mr. Raine. Q. The roads at this time were very heavy? - A. I don't know, the prisoner told me so.

Q. You must know whether the roads were or not very heavy? - A. They might be.

Court. Q. They must be? - A. I believe they were.

Mr. Raine. Q. Have you had any conversation with the last witness on this subject? - A. Nothing particular.

Q. What in general? - A. Nothing.

Q. How came you to say nothing particular? - A. It is a common phrase in speaking.

Q. Then you meant that you had had no conversation with him at all? - A. I did.

Q. With respect to this, horse, he had a white

snip? - A. I cannot say, there was some little white in the face.

Q. You examined the horse very particularly? - A. Yes; I went to the stable with a candle.

Q. Had he a white heel? - A. Yes.

WILLIAM BACON sworn. - I am a patrol belonging to Bow-street: On Sunday the 5th of this month I was at Crouch-end, with my party; I was in at Mr. Barret's, I believe we drank a pot of porter; he called me on one side, and told me his suspicions, and I went into the parlour, but he was not there; I returned from the room, and told the landlord no person was there at all; he said, then he supposed he was in the stable, and said, he would be in a moment; I had some more men in the tap-room; I desired one of them to sit down in the parlour, and we had a pint of porter, and in about four or five minutes the prisoner came in; I told him I had a suspicion that he was a highwayman; the words were scarcely out of my mouth when he rose from his chair at the same time that I did, he whipped his hands into his close-bodied coat pocket, his great coat was off, and I immediately secured his hands in his pocket; I took his hands out of his pocket, and told him, if he had any thing in his hands to drop it; he was very quiet; I took his hands out of his pocket and put my own in, and took these pistols, one out of each coat-pocket,(producing them); I then began to search him; he had pantaloons on, and I took them off; out of his pocket I took this watch, I think it was his waistcoat-pocket, I am not quite clear, and several other articles.

Q. Were the pistols loaded? - A. They were loaded and primed, with powder and ball.

Q. Are they loaded now? - A. They are not; I unloaded them before the Magistrate.

Q. Did he say any thing? - A. Nothing particular; I then tied him to one of my own men, and sent him to town; I took the horse and rode her with him till we came to I slington, and there I put him in a coach; I took him to the Brown-bear in Bow-street, and when I took him there, he told me he wanted to speak to me in private; I told him, very well; after that, I took him over to Covent-Garden watch-house; I took him into the back room, and there he asked me if twenty pounds was an object to me, I think that was the word as near as I can speak it; and I left the room immediately.

Cross-examined by Mr. Knowlys. Q. How much money was there found about him? - A. A half-guinea, two half-crowns, ten shillings, and two sixpences, and some halfpence.

Q. You know the roads were remarkably dirty and heavy? - A. I have seen them more so.

Q. Were they not very heavy and dirty? - A. They were.

DONALD M'GILLEVRAY sworn. - I held the prisoner when Mr. Bacon was taking the property from him.

Q. (To Bacon.) Have you traced the horse? - A. Yes, to a Mr. Calvert; it was his horse, but he is not here; he was at Bow-street.

Q. (To M'Gillevray.) What did Bacon find upon him? - A. A pair of pistols, and a watch.

Prisoner's defence. Bacon says I offered him twenty pounds, which I had not that money at the time; the man that swears to me says he was twenty yards from me; he swore so at Bow-street; it being dark I don't think he could swear to me at that distance.

Q. (To Bacon.) What time did you come out of London that Sunday? - A. Between five and six o'clock.

Q. Did you observe what kind of light there was at that time? - A. At that time it was certainly rather dusk.

Q. Did it get lighter after that when you got to Crouch-end? - A. I did not make any particular observations upon the light.

Q. Do you think, you being on one side of the road, and a man on the other, you could discover his complexion? - A. I should suppose if a man paid attention to a particular object be might.

Q. (To the Prosecutor.) Look at that watch? - A. This is the watch I gave to the highwayman that Sunday night; I know it by the seals and the keys, and the chain, and every part of the watch; I do not know the number, the maker's name is Plumer.

GUILTY . Death . (Aged 23.)

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

Reference Number: t17970215-25

142. JAMES CARGGS was indicted for that he, on the King's highway, in and upon Alexander Macmillan , on the 29th of January , did make an assault, putting him in fear, and taking from his person a watch with a metal case gilt, value 10s. a brass chain, value 6d. and two metal seals, value 10d. the property of the said Alexander .

ALEXANDER MACMILLAN sworn. - I am an upholsterer and cabinet-maker , No.7, Mortimer-street, Cavendish-square: On the 29th of January, after dinner, I went to Finchley; I walked there, and walked all the way back; I got up between nine and ten; when I had got to the Green Man, the top of Portland-road, the prisoner was standing at the door; he accosted me and told me I was drunk, I told him I was not; he walked from there down to the Cannon, in Portland-road , along with me, and still insisted that I was in liquor.

Q. Were you in liquor? - A. No, I was not; when we came to the Cannon he stopped there,

and would convince me that I was really in liquor; I said, my friend, I am not, if I am it is nothing to you; upon that he suddenly snatched hold of my watch chain, pulled me down upon my knees, and ran away with the watch; I put my hand in my pocket, and found the outside case left in my fob; the catch does not go properly; I immediately cried out stop thief, stop thief, and he was stopped; he had got round opposite Little Titchfield-street.

Q. Had you lost sight of him? - A. Yes, it was quite dark.

Q. Did you know nothing of this man before? - A. No; I am sure it is the same man, but he has changed his coat.

Court. Q. Prisoner, have you any questions that you wish to put to this witness?

Prisoner. My Lord, conceiving the embarrassment I should be under, I have committed some questions to paper, if I may be permitted to refer to it as occasion requires.

Court. By all means.

Prisoner. I humbly thank your Lordship.

Cross-examined by the Prisoner. Q. You had been in the country that day? - A. Yes.

Q. You have already told his Lordship you had not been drinking at all? - A. I could not walk all the way there and back without drinking.

Q. You were sober? - A. Yes.

Q. It was a dark night? - A. It was dark, but it was star-light.

Q. From what particular circumstances are you able to swear to my being the person that robbed you? - A. By your features; you have not got the same coat on, it is true; it was a star-light night, but no moon.

Q. You are so positive to me, that if a soldier similar to me had been apprehended at the time, you would as positively have said he was the man? - A. I will positively say that you are the man.

Q. You have already informed the Court how I got into your company? - A. You did not get into my company, you attacked me.

Q. Did the person who attacked you, whoever he was, use any violence? - A. No, not till you snatched the watch from me.

Q. He did not, previous to taking the watch, use any violence whatever? - A. Not by any means, he made a snatch at my watch.

Court. Q. He did not strike you? - A. Not at all; he committed no violence whatever.

JAMES CLARKE sworn. - I am clerk to an attorney at the west end of the town: I was walking in company with my brother on Sunday night, the 29th of January, up Titchfield-street; it might be about half past nine; we heard the cry of stop thief; we saw a man running down Norton-street, near the top of Titchfield-street, he was running towards us, we had a dog with us, which we set at the man, and the dog stopped him; he immediately fell; we went up to him and charged him as the thief; he said he was not the thief, that he was run round the corner, and begged of us to stop him; he then got up, and was going to walk away.

Q. You did not believe that story, I suppose? - A. No; he turned again and said stop, I have lost my hat; we walked by his side a few yards, till he got a little before us; upon finding himself a little before us, he began to run; we were endeavouring to keep him in conversation till the prosecutor came up; we then set the dog at him again, and the dog stopped him; we let him go on so several times that he attempted to slip away; we got him into Titchfield-street, and finding him very anxious to get away I took him by the shoulder; he begged we would not stop him, he was in a hurry upon his own business, and begged we would not hurt him; during all this time I never saw a watchman; when my brother saw I had got the man in custody, he left me, and came back again with two watchmen; I delivered him to the watchmen; and in the mean time the prosecutor came up, and said that was the man that had robbed him; I went back again, and found the watch a very few yards from where the prisoner fell, to the right hand; I shewed it to the prosecutor at the watch-house, he said it was his, and I delivered it to the watch-house keeper.

Cross-examined by the Prisoner. Q. Were you present on the spot when I was apprehended by the watchmen? - A. I apprehended you myself, and delivered you to the watchmen.

Q. Did you go with me to the watch-house? - A. I did not.

LAURENCE CLARKE sworn. - I am brother to the last witness: On Sunday night, the 29th of January, I was going up Upper Titchfield-street with my brother; we heard a cry of stop thief; when we got very near to Carburton-street, a street leading from the Cannon across Norton-street, into Titchfield-street, hearing the cry of stop thief, I ran to the corner of Carburton-street and saw the prisoner turn round; when I came up to him, in a vacant place where there was space for four houses, he turned in, and we set the dog at him; that part was not paved; whether from the fear of the dog, or the roughness of the road, he fell upon his face; I instantly went up to him, and he got up; I asked him what he had been doing, he said there was a cry of stop thief, and he believed he had run round the corner; I told him I rather thought he was him; there was some broken earthen-ware lay where these houses were to be built, and I heard something thrown among the rubbish, what it was I cannot tell; then he went to walk a little way, about half a yard; he turned round and said I have lost my hat.

Q. Had he lost his hat? - A. Yes; upon that he turned back to pick up his hat, and put it on; after he had put it on, he went a little way, he had got I suppose five yards distance from us, and then ran away; I could not see any person turn round the corner; I still heard the cry of stop thief, but no watchman appeared; at length a boy came round, and said it was a soldier had done it, and I set the dog at him again, he had got I suppose twenty yards when the dog caught him; I found no one came forward, he turned round the corner of Titchfield-street.

Q. Was it a large dog? - A. The dog weighs I believe 38lbs. between a terrier and a bull-dog; I left my brother and went for the watchman; the prisoner turned round the corner and made a feint to go into a public-house, but I came up, and he said, Gentlemen, I cannot think why you should stop me; I found the watchman at last the corner of Charlotte-street, Portland-road, and we gave charge of him; we walked with him back till we met the prosecutor, and he said that was the man that had robbed him; there was another soldier upon the spot that went with us, whether he was quartered at the public-house I don't know; I told my brother I had heard something fall, whether it was a pistol, or a knife, or his bayonet, or what, I did not know; I went to a doctor's shop and borrowed a light, and we found a watch exactly opposite the place where he fell down; we took him to the watch-house, and delivered him up.

Cross-examined by the Prisoner. Q. You did not accompany me to the watch-house? - A. No.

Q. You were upon the spot when I was apprehended? - A. Yes.

Q. Did you mention to the watchman that you heard any thing fall? - A. Not by any means, I only mentioned it to my brother.

Q. Do you remember my asking any person why you stopped me? - A. No further than that you were in haste, that you did not know that you had done any thing.

Q. Do you remember my mentioning, gentlemen, I am in a hurry, going home to my quarters, pray let me go? - A. I don't know that you said so.

Q. You found the watch yourself? - A. No, I did not, my brother did.

Q. Did not you, at the Public-office, say to the prosecutor, you have to thank this dog for finding your watch? - A. It is very likely I might.

Court. Q. Did the dog find the watch? - A. No, but I believe he was the strongest person that apprehended him.

Prisoner. Q. It was understood that you said the dog picked it up? - A. I never said any such thing.

Q. It is a very serious thing to me, as my life is involved; - do you remember assigning any reason when you were asked by me why you came forward to give evidence against me? - A. I do.

Q. Was it not to this effect? - I am sorry to see a young man like you in this situation; for my own part, I would not have come forward but to oblige a gentleman to whom I am under very particular obligations. - A. My brother is a clerk to an attorney; and knowing it would be a disagreeable business, I certainly had some difficulty in going, but getting my business done by twelve o'clock, I did go.

Court. Mr. Clarke, it was a duty you owed the public, and you would not have done your duty if you had not.

Jury. (To Mr. Laurence Clarke.) Do you think the prosecutor was in liquor when he came up? - A. At the time that he gave charge of the man to the watchman I observed him, and he was very much covered with mod; I don't think he was drunk, I rather think he had been drinking something, but he was not intoxicated.

Court. Q. You said there was another soldier? - A. There were a great number of people round us when this watchman came up, and this other soldier came out of the public-house the corner of the Mews.

Q. (To James Clarke .) Do you think the prosecutor was in liquor when he first came up? - A. He appeared to be perfectly sober; he was covered with mud, and for that he assigned as a reason that the prisoner had pulled him down.

RICHARD MOYLE sworn. - I am watch-house keeper of St.Mary le bonne: On the 29th of January the prisoner was brought to the watch-house, and Mr. Clarke delivered the watch to me. (Produces it.)

Macmillan. This is my watch. (Produces the case.)

Q. You have no doubt of it? - A. None.

Prisoner. (To Moyle.) Q. Were any implements of violence found upon me? - A. No.(The Court ordered a complaint to be made of the conduct of the watchmen to the Vestey.)

The Prisoner read his defence as follows. My Lord and Gentlemen of the Jury. On the evening on which the gentleman supposes he was robbed, I had been at the Globe, in South Molton-street, where I was quartered last year, I had had a pint or two of porter; I went into the Portland-road, in order to get into the City-road to my quarters; I had not proceeded far before the liquor I had drank began to operate, and I turned into a street that I was not acquainted with in Mary le bonne, where I was accosted by two gentlemen, who, by the confused manner in which they behaved to me,

and by setting a large dog at me, I thought they wished to amuse themselves with hunting me; they pursued me and apprehended me for a thief; I was indicted for putting the prosecutor in fear, whereas he deposes upon oath that no violence whatever was used.

The prisoner called his serjeant, who had known him six years, and gave him a good character.

Prisoner. My Lord, the prosecutor in the first part of his evidence deposes that it was a very dark night; upon proceeding a little farther he says it was a star-light night, and he swore to me by my features and clothes; if he had met with another soldier he would probably have identified him; I look up to your Lordship as a friendless prisoner, to state the circumstances to these gentlemen.

GUILTY Death . (Aged 27.)

Recommended by the Jury to mercy, upon the ground of no cruelty having been used.

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

Reference Number: t17970215-26

143. JANE CHEW was indicted for feloniously stealing, on the 7th of January , six yards of bombazeen, value 6l. the property of Nathaniel Payne and Edward Payne .

Second Count. Laying it to be the property of William Hilliker and Elihu Yale .

The Prosecutors not being able to identify the property, the prisoner was

ACQUITTED .

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

Reference Number: t17970215-27

144. JOHN CONNOR and MARGARET CONNOR were indicted for feloniously stealing, on the 21st of January , a pewter pint pot, value 13d. the property of William Avis .

WILLIAM AVIS sworn. - I live in Stacey-street, New Compton street ; I keep the Phoenix public-house ; Connor and his wife came into my house the 21st of last month.

Q. Did you know them? - A. I have seen them before several times; they called for a pint of purl, and paid me for it, and while I went to draw a pint of beer they went out of the house, and took my pot with them; I followed them out, and caught Connor's wife first; upon searching her, I found a quart pot and a half pint pot in her lap; I called a neighbour to hold the woman while I pursued the man; I pursued him, and brought him back, and in searching him I found a pint pot upon him, the pot in which the purl had been served; the pot is here; he said nothing in his defence; I took the pint pot from him, it was in his left hand pocket.

JOHN NEWLIN sworn. I was sitting at my own door, right opposite Mr. Avis's; he called me to hold the woman, and thought she had some of his property; he opened her apron, and took out a pint pot, and a half pint; I held the woman while he fetched the man back; he took a pint pot out of his left hand jacket pocket, and delivered it to me. (The pots were produced and deposed to by the Prosecutor).

John Connor's defence. I have nothing to say; I leave it to the mercy of the Court.

Margaret Connor was not put on her defence.

John Connor GUILTY , (Aged 64).

Confined twelve months in the House of Correction , and fined 1s.

Margaret Connor NOT GUILTY .

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

Reference Number: t17970215-28

145. JOHN CONNOR and MARGARET CONNOR were again indicted for feloniously stealing on the 21st of January , a quart pewter pot, value 16d. the property of Daniel Buckley .

DANIEL BUCKLEY sworn. - I live at the Rose and Crown, Church-lane, St, Giles's ; I had notice sent me on the 21st of last month, that a man and woman were detected in Phoenix-street with a quart pot of mine, and I followed them to Bow-street; the prisoners were there; I saw my quart pot there; I lost it that morning, it had just come in from the scowerer's; the prisoners were in the house in the morning, and in the same room where the pots were.

Q. Had they any thing in your house to drink? - A. They had a quartern of gin, I believe, I don't know that they had any thing more; I did not see them go out, nor did I miss the pot till I was sent to; the name of John Hughes is upon it, the man I succeeded.

JOHN NEWLIN sworn. - Q. Who did you take the quart pot from? - A. From the woman, when she was stopped by Mr. Avis.

Q. Was any thing said? - A. No.

Q. The husband and she were together when they came out? - A. Yes.

WILLIAM AVIS sworn. - Q. You did not see the prisoners together when you came out? - A. No; the man was got from my house about 100 yards, and the woman not above a dozen. (The pot was produced, and deposed to by the prosecutor.)

Q. (To Buckley.) Whether it had been sent out to any customer? - A. I don't send any pots out; they were on the table where Connor and his wife were; this pot was not used from the time it was scowered; there were a parcel of pots came in from the scowerers.

John Connor 's defence. I have nothing to say; I leave it to the mercy of the Court.

Margaret Connor's defence. I leave it to the mercy of the Court.

John Connor , NOT GUILTY .

Margaret Connor, GUILTY . (Aged 55.)

Confined six months in the House of Correction , and fined 1s.

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

Reference Number: t17970215-29

146. THOMAS CUTLAN was indicted for feloniously stealing, on the 15th of January , twenty-four gallons of ale, value 28s. and a wooden cask, value 10s. the property of Thomas Starkey and John Jennings .(The case was opened by Mr. Knowlys.)

WILLIAM BARKER sworn. - Examined by Mr. Knowlys. I am clerk to Messrs. John Jennings and Thomas Starkey , brewers, in Little Pulteney-street, Golden-square.

Q. Do you know the prisoner? - A. Yes, perfectly well; he was a servant in the brewery; I gave orders, under the direction of Mr. Jennings, to a number of draymen to start some beer; William Burnaby was one of the draymen, and Cutlan was employed to assist in unloading the casks in a remote cellar, under a chapel between Hpokins-street and Berwick-street, Soho.

Q. What beer was this that was to be started? - A. Ale.

Q. What do you mean by a guile of beer? - A. One whole brewing.

Court. Q. What do you mean by starting? - A. Breaking the beer while it is young out of small vessels into larger ones.

Q. Into whose vessels where they to be put? - A. Mr. Jennings's and Mr. Starkey's; this was a remote cellar belonging to them.

Q. How many vessels or casks were put upon the dray that evening? - A. Fifteen half hogsheads; I am the delivering clerk; he called me out to enter his load in a book which we had for the purpose, which I did.

Q. Were these fifteen half hogsheads of one guile, or different guiles? - A. All of one guile, having no other in the store-house.

Q. What was the number of that guile, part of which you sent out that evening? - A. It was marked A. A. 63.

Q. When you send out casks, do they bear the number of the guile upon them? - A. Yes; these were all marked 63.

Q. In the state in which this beer was sent from your brewery to this cellar, was it in a state in which you sell it, or was it too new for sale? - A. It was too new for sale.

Q. What time did they take the guile away? - A. Between eleven and twelve at night we set off.

Q. Is that a time that you deliver beer to customers? - A. No.

Q. Did you at any time on that evening afterwards receive information of a loss? - A. Yes, after one o'clock I received information from a watchman, who was sent by another watchman of the name of Ireland; in consequence of which I went to St. James's watch-house, and found Cutlan in custody; Ireland was there.

Q. Did any conversation pass between you and Cutlan? - A. Yes; I asked him what he had been doing.

Q. Did you make use of any threats? - A. No.

Q. Did you make any promise to induce him to confess? - A. No; he said it was a cask of ale which they had left upon the dray out of the load under a mistake; he said he was fearful to bring it home, that I should fine him, or make words.

Q. What time was this? - A. Between one and two in the morning in the watch-house; after that I went with Ireland, and the beadle and another watchman, to the dwelling-house of Thomas Rogers, in Portland-street, which runs from Poland-street to Berwick-street.

Q. The same man that was taken into custody upon this business? - A. Yes; his back door opens into Portland Mews, the front door is in Portland-street; I knocked at the door and got admittance.

Q. Did you find any cask there? - A. Yes, I did; in going down into a back kitchen I found a cask.

Q. Are you able to know whether that was one of the fifteen casks you delivered out that evening? - A. Yes; I am positively sure of it.

Q. What mark was there upon that cask? - A. It was marked A. A. 63, which I pointed out to Rogers at the moment.

Q. Was that cask full or empty at the time? - A. It was empty when I found it.

Q. Did it appear to have been emptied recently, or for a long time? - A. Within an hour, I am sure, from the yeast and the fob adhering to the bung-hole, and the cask was still draining.

Q. What do you mean by the fob? - A. The froth.

Q. Have you any doubt that that was your master's, and had been recently emptied? - A. Not the least.

Q. Have you any doubt that it was one of the fifteen casks loaded upon that dray? - A. I cannot swear that it was one of the casks upon that dray, because we sent out more drays than that the same evening of that guile; but I am positive it was one of the casks sent out that evening.

Q. How far is the cellar in Hopkins-street, from Rogers's house? - A. From a quarter of a mile to half a mile, to the best of my judgment,

and then we took Rogers into custody, that is all I know.

Cross-examined by Mr. Knapp. Q. You state the firm of this house to be Messrs. Jennings and Starkey? - A. Yes.

Q. Is any body else interested in that business? - A. Not to my knowledge.

Q. You don't know, in fact, either one way or the other? - A. No.

Q. You knew Rogers before? - A. Yes.

Q. I believe, in fact, Rogers dealt for beer at your house? - A. Yes.

Q. It was not very astonishing then, that he should have beer of your's, that you had sold him, in his possession? - A. No; but we never delivered any beer to his dwelling-house.

Q. Though you did not deliver any beer at his dwelling-house, was it not his practice to have beer from you at your warehouse, and he took it home? - A. He might.

Q. Do you mean to swear he did not buy beer at your master's warehouse, and then had it removed? - A. No; he used to come for the beer, and take it where he pleased.

Q. How many casks did this guile or brewing consist of? - A. I cannot justly say how many there were.

Q. More than fifteen I should think? - A. Yes.

Q. How many more? - A. Above one hundred more.

Q. Were all the casks of that guile marked the same as the casks that you sent out? - A. Yes, they were.

Q. You told my learned friend there were other drays went out, with casks marked in the same way as this? - A. Yes; exactly in the same way.

Q. How many drays think you? - A. Eight more, not different drays, but they went eight different turns; there were two different drays besides the one in question, drove by different people, of the same guile and brewing.

Q. Going out that very same evening? - A. Yes.

Q. How many casks do you think were loaded upon each dray? - A. Five.

Q. If they are all marked in the same way, appearing to be of the same guile, it is impossible for you to say upon which dray this particular cask, which was found at Mr. Rogers's, went? - A. Certainly, I said so before.

Q. Who was the other person that went with the prisoner along with his dray? - A. This prisoner was not sent with the dray, he was sent to assist in filling the empty vessels.

Q. Then he did not go with the dray? - A. Not from the brew house-yard.

Q. Were you present at the time the dray went out of your yard? - A. Yes, I was.

Q. Who went away with the dray? - A. William Burnaby only, he called me to take his load, which I did.

Q. Burnaby is the man that was taken up upon this charge? - A. Yes.

Q. And he had the care of these casks to take them to Hopkins street? - A. Yes.

Q. Burnaby has told such a story before the Magistrate, that he has admitted him as an accomplice? - A. I don't know.

Q. He was concerned in this business? - A. Yes.

Q. He has been admitted an evidence for the prosecution? - A. I don't know.

Q. Not know he is a witness? - A. No.

Q. Upon your oath, do you not know he is going to be examined? - A. Yes, I know he is coming to be examined; I don't know that he is going to give evidence.

Q. If he was not examined, you know he would be tried for this charge? - A. Yes.

Q. And he it was to whom they were delivered, and who drove the dray; and the prisoner was not to meet him, till he got to Hopkins-street? - A. No.

Q. The prisoner was in the situation of a hindman? - A. Yes.

Q. A situation inferior to that of Burnaby's? - A. Yes.

Mr. Knowlys. Q. Though Mr. Rogers was a customer of your's, you never used to deliver beer in at his private house? - A. Never to my knowledge.

Q. Was any of that guile bargained for by any customer whatever? - A. None.

Q. Was it in a fit state to sell to customers? - A. No, it was not saleable.

Q. Did you ever deliver out beer to customers, between twelve and one in the morning? - A. It is not customary.

JAMES IRELAND sworn. - Examined Mr. Knowlys. I am a watchman of the parish of St. James.

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

Q. Were you upon your duty upon the 24th of January, at night? - A. After I had cried the hour of twelve, I saw the prisoner; my beat was then in Poland-street, I had just come on duty; as I was returning from crying the hour of twelve, to my box, I observed a dray at the corner of Portland-street, in Poland-street; the dray was in Poland-street, with the horses heads towards Broad-street; I saw the prisoner at the bar and another man lift a cask off from the dray upon the pavement.

Q. Do you know who the other man was? - A. I cannot say I do; the dray afterwards went off, and likewise the other man, and left the prisoner to roll the barrel up Portland-street; I followed him; and in that street there is a Mews, called Portland-Mews, and I followed him in there with it; and

in that Mews there is a side door that runs into Mr. Rogers's house, and I saw him take it in there.

Q. Did you, at that time, know that that house belonged to Rogers? - A. I knew the corner house belonged to him, and I thought that that side door might belong to him likewise; upon that I left him; upon seeing him go into this private place to Rogers's, I went out of the yard, and retired to one side of the way out of the Mews into the footway; then there was another watchman, and he and I stood talking by the side of a public-house, at the other corner; and while we were talking, who should come by out of the Mews, but the prisoner; -

Q. As he was rolling the cask, did it appear to be a full cask or an empty cask? - A. Full; when he came up, says I, my friend, have you lodged that barrel of beer safe; says he, what barrel of beer; says I, that barrel of beer that I saw you take into the place; says he, why? says I, there is no harm in asking a civil question; here, says he, take half-a-crown a piece, and say no more about the matter; I told my brother watchman, since it was so, to assist me in taking him to the watch-house; upon that, he offered me five shillings, and from that to half-a-guinea, and then two guineas between us; and he offered me two guineas all the way, till we got very near the watch-house; and I told him he might as well offer me twenty pounds, for I would not take a farthing; he rather tried to make his escape, but we secured him, and took him to the watch-house, in Little Vine-street, St. James's; when I got him to the watch-house, I gave charge of him upon suspicion; and the constable of the night sent a message to the brew-house; and then Mr. Barker came; and I went with him to Mr. Rogers's house, in Portland-street, the same house that I saw him take the beer in the back way; I went down stairs, and saw a cask among some dust, with the bung-hole downwards, and there was the fresh froth all round the bung-hole; it was lying upon a kind of sink, with dust all round it.

Q. Was that a cask of similar size to what you saw rolling? - A. I believe it was.

Q. You will not pretend to swear that you took so much notice of it, as to be able to say it was the same cask? - A. No.

Cross-examined by Mr. Knapp. Q. The cask you say was a cask that had froth about it, but whether it was the cask you saw rolling, you cannot tell? - A. No.

Q. The fellow who was admitted an evidence, ran away directly? - A. Yes.

WILLIAM BURNABY sworn. - Examined by Mr. Knowlys. I was servant to Messrs. Starkey and Jennings; I was employed to drive the dray; that night we loaded fifteen half hogsheads from the brew-house, in Little Pulteney-street, to be carried to Hopkins-street, where we were to start it.

Q. Did you deliver all the fifteen casks, as it was your duty to do? - A. We delivered fourteen.

Q. What was done with the fifteenth? - A. It was taken into Poland-street, the corner of Portland-street, and delivered to Rogers by Thomas Cutlan .

Q. Did any body go with you with the dray? - A. Yes, the prisoner; he used to drive the dray generally; he was employed at the starting tub that night.

Q. Who took that cask off the dray? - A. Thomas Cutlan .

Q. Is one man able to take that off? - A. Yes; and he delivered it to Mr. Rogers.

Q. Did you see him deliver it? - A. No.

Q. How do you know it was carried there? - A. Because, after my horses were in the stable, I went to see if it was there or not, that was in the course of half an hour.

Q. How came you to know that Cutlan was to take it to Mr. Rogers? - A. Rogers had spoken before that he would take such a thing, if we could get it for him.

Mr. Knowlys. And you had the good luck to be made a witness? you had better have been transported a great deal.

Cross-examined by Mr. Knapp. Q. Now, Honesty, so you come here to give evidence against the prisoner, to save yourself from being tried? - A. Not for that particular, as I know of.

Q. Public justice, perhaps for honesty's sake? - A. For honesty's sake I told the truth.

Q. Upon your oath, did you tell the truth until you supposed you should be made a witness? - A. I did not suppose that at that time.

Q. Was not you given to understand at Bow-street, that you might be made a witness, if you told the truth? - A. I was admitted so by the Magistrate.

Q. And therefore you knew you could not be tried for it? - A. No, I could not be tried for it.

Q. And therefore it was that you knew that you could not be tried for it, that you have been telling the story you have been now telling-have you ever been in this Court before? - A. Never in my life.

Q. Never? - A. Never in my life.

Q. Were you ever in the Court, at Clerkenwell? - A. Yes, at the Grand Jury.

Q. But before that time? - A. Never in my life.

Q. Were you never taken up in your life? - A. Never in my life before this.

Q. Nor never before any Justice? - A. Only at Bow-street.

Q. Who did Rogers say this to, that if you could get this thing, he would take it? - A. To my partner the prisoner. and me.

Q. And you had the honesty to consent to it, and the first opportunity you had, you conveyed it to

him, - you drove the dray? - A. We were both with the dray.

Q. But you drove it? - A. Yes.

Q. What is the weight of one of those casks? - A. I cannot say particularly.

Q. Pretty bulky is not it? - A. It is heavy enough.

Q. About twenty-seven gallons is not it? - A. It is called so.

Q. Pretty heavy for one man is not it? - A. Yes; another man is obliged to help them often-times.

Q. You told my learned friend, just now, that the prisoner was the person that took the cask out of the dray? - A. Yes; he was.

Q. You did not assist in taking it down? - A. No.

Q. Upon your oath, did not you assist him at all? - A. Upon my oath I did not.

Q. What were you doing? - A. Standing by the dray with the whip in my hand.

Q. So you mean to have these gentlemen understand that only one person took this cask off the dray? - A. Yes.

Q. Nor you did not give any assistance to it? - A. No.

Q. Then if Ireland, or any body else, has said you were both engaged in taking it off the dray, that is not true? - A. No, it is not.

Court. Q. Is it usual, if you deliver such beer as that to a customer, for that customer to keep it in such a cask, or is it necessary to empty it? - A. Not at all that I know of.

Q. Suppose this beer was delivered to an ordinary customer, in the day time, would that customer have kept it in the cask? - A. Yes; all customers that we deliver to keep it in the cask.

JOHN JENNINGS sworn. - Examined by Mr. Knowlys. Q. Who are concerned in your business? - A. Thomas Starkey and myself; nobody else has any share in the business.

Q. This twenty-seven gallons of ale is put at twenty-eight shillings, is that about the value? - A. Yes.

Cross-examined by Mr. Knapp. Q. I believe the prisoner has been eighteen months in your service? - A. About sixteen months.

Q. Of course you had a character with him? - A. I am not certain that we had a character with him.

Prisoner's defence. Burnaby told me that I was to take that cask to Mr. Rogers's; he got up upon the dray and handed it out, and he said to me, take that cask to Mr. Rogers's; and I took it according to his orders, which I was hired by my master to do, to go by that man's orders.

Court. (To Mr. Jennings.) Q. Has the drayman any authority to order the man to take a cask any where? - A. In general it is so when Burnaby goes out with the dray, but this night they were out upon separate employments; their employments are fixed by the clerk upon these occasions.

Court. (To Barker.) Q. You were clerk that night? - A. Yes; I had the arrangement, I gave orders to these men to take their different situations.

Q. Did you give any order to Cutlan to deliver any beer to Rogers? - A. No.

Q. Did you give any orders to Burnaby? - A. No, I did not.

Q. Has not it sometimes happened that Cutlan has gone out under the directions of Burnaby as the foreman? - A. Never to my knowledge.

Mr. Knapp. Q. Do you mean to swear that he did not? - A. Not to my knowledge.

The prisoner called John Brooks , Joseph Parker , and Thomas Creedland , who said they never heard any thing dishonest of him in their lives.

GUILTY (Aged 27.)

Transported for seven years .

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17970215-30

147. JOHN SMITH was indicted for feloniously stealing, on the 10th of February , a leather trunk, value 3s. three linen shirts, value 3s. seven linen waistcoats, value 5s. two pair of fustian breeches, value 3s. two pair of flannel drawers, value 6d. three pair of cotton stockings, value 2s. 6d. two pair of plated spurs, value 6d. and two cloth coats, value 6s. the property of Charles Tedey ; a cloth coat, value 2s. a pair of corderoy breeches, value 6d. a linen waistcoat, value 6d. a linen shirt, value 1s. three muslin neck-handkerchiefs, value 9d. two muslin stocks, value 6d. and a pair of thread and cotton stockings, value 6d. the property of Joseph Payne .

WILLIAM CLEMENTS sworn. - I am a shoemaker, No. 10, Little Suffolk-street, Haymarket : I had six young men lodged with me, Charles Tedey was one; Joseph Payne had lodged with me, and had left his box with me, I don't know what was in it; I let the shop, which is a chandler's-shop, and the side-door always stands open; I keep the first floor for myself and family, I work up two pair of stairs; Tedey and Payne slept in the back garret, in the same bed: On the 10th of January, between two and three in the afternoon, my room-door was shut, I was at work, and I heard some person coming down, and I heard something knock against the bannisters; I opened the door, and saw the prisoner coming down the garret stairs, with a leather trunk under one arm, and a bundle in the other hand, I had never seen him before; I went up stairs to the back garret, and found the door

open, I had locked it myself about two hours before; I missed the trunk out of the room, and Tedey's great coat off the bed; I immediately went down stairs, and saw him just turning into Whitcomb-street, he was shuffling on as quick as he could; I followed him, and saw him turn into Princes-court, which is no thorough fare, and there I lost sight of him, I did not see which house he went into; I went and got a constable, and we learned that he was gone into the first house on the left-hand side, and we went in up one pair of stairs, it was a sort of a lodging-room, with a bed in it; the first thing that I saw in the room was the leather trunk, it stood upon a table, the prisoner was lying upon the bed covered up with the bed-clothes, and the bundle covered up with him; he was then secured.

Q. Are you sure the man you found under the bed-clothes was the man you saw coming down stairs with the trunk and bundle? - A. I am positive sure of it.

- ALLEN sworn. - I am a constable, I was sent for to apprehend the prisoner; I went with Mr. Clements to a house in Princes-court, Whitcomb-street, the street-door was open; a young woman was coming down stairs, I pushed past her and went into the room up one pair of stairs; I saw the trunk upon the table, I did not see any body in the room, but I felt upon the bed, and found the prisoner covered up, and a bundle, which I have here; I took him off the bed, and searched him, and in his pocket I found these keys, (producing them); there are some of them picklocks, and a little chissel, they were loose in his pocket. (Produces the property).

ELIZABETH CLARKE sworn. - I live at No. 1, Princes-court, I was very ill, and laid down upon the bed when the prisoner came in; I heard a great noise of people, I immediately jumped off the bed and went down stairs into the court, and saw a vast quantity of people; he had just got into the room as the people were coming up stairs; he brought a trunk and a bundle with him.

CHARLES TEDEY sworn. - I was second groom to Lord Grenville, I had left him about ten weeks when this happened; I lodged at Mr. Clements', in the back garret; I had a trunk there, and a great coat, a frock, and a waistcoat; the great coat and the frock and waistcoat were upon the bed when I went out of the room about nine o'clock in the morning; the trunk contained wearing apparel, some of them with my name marked on them.

JOSEPH PAYNE sworn. - I lodged at Clements', I left him about three days before this happened; I lodged in the back garret along with the last witness, I had left some things in a box in the room.(The things were deposed to by Tedey and Payne).

Prisoner's defence. I have nothing at all to say.

The prisoner called one witness, who had known him three years ago, and gave him a good character.

GUILTY (Aged 20.)

Transported for seven years .

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

Reference Number: t17970215-31

148. JANE ORTON was indicted for feloniously stealing, on the 9th of August , a gold watch, value 3l. a steel chain, value 6d. two gold rings, value 12d. two metal keys, value 2d. and three guineas in money, the property of George Harrison , in the dwelling-house of William Kelly .

GEORGE HARRISON sworn. - I am labourer to Mr. Wilson a lath-render and dealer in coals: Two of my shop-mates and I went to see the Tower one afternoon, and upon our return, a little after ten o'clock, we met with the prisoner and two other girls, in Queen-street, Lincoln's-Inn-fields; the prisoner laid hold of my arm.

Q. Had you been drinking? - A. I was quite sober; four or five of us had had as many pots of beer; she gave me a great invitation to go home and stop with her, and I was foolish enough to take her persuasions; her lodgings were No. 7, in Parker's-lane ; my two acquaintances went with the other two girls, and staid all night with them, at the same house; I went with the prisoner into her own apartment, and considering that I had all this property about me, I told her I was afraid of stopping with her for fear of being robbed; she told me I need not be afraid of that, that no person could come into that room but by her consent, she had the key; and if I was afraid of her robbing me, there was a chest in the room that I should put my clothes in, and I should have the key of it; when I pulled off my clothes I looked at my watch to see what it was o'clock, and she put my clothes and watch into the chest, and locked them carefully up, and offered me the key, but I trusted it in her care, my watch was in my fob; I went to bed with her, and when I waked in the morning I found she was missing; I applied to the chest and found that it was unlocked, and my watch and three guineas gone; I then went to Bow-street for a runner, to see if she could be found; I gave Mumford a description of her, and we went to the house where she lodged; we searched the house for her and my property, but neither she nor it could be found, she was apprehended about six months after; I never found my watch again; I am perfectly sure that is the woman; I had a ten pound note in my pocket, which I found afterwards in the lining.(- Sims, one of the Prosecutor's companions, confirmed his testimony).

THOMAS MUMFORD sworn. - I am an officer belonging to Bow-street: I searched the prisoner's lodgings, but found nothing; I took her about six months afterwards, at a public-house in Drury-lane.

Prisoner's defence. That gentleman and two others came up to me and two more girls, and asked us if we would have any thing to drink; I being very cold said, yes; we went down to a wine-vault in Drury-lane, and had several glasses of rum a-piece, and then we came home, and we all parted rooms, and that gentleman went along with me; upon that, when he came into my place he asked me what he should give me; I asked him what he could afford, and he said sixpence; with that I told him I could not go for sixpence, and so I took the candle to come out again; then says he I will give you a shilling, and then I have got a shilling to spend; we all six came out and went to this public-house again, between eleven and twelve o'clock, and had two or three more glasses of rum and a glass of shrub a-piece, and then we went home again, and all parted rooms; he said he would stop all night, and I asked him for some money; he said he had been drinking in the afternoon, and left his money, and if I would stop till morning he would pay me; I told him I did not like to trust him, for he was very rough, pulling me about; he wanted to pull off my clothes by force, and I would not let him do that, and saving your presence he was sick all over me; I was glad to get out of the room; as to the watch and money, I never saw it at all; he said he had but one bad shilling and a few halfpence left.

The prisoner called Elizabeth Templeton , a dealer in soot, who deposed that she had chared and washed for her, and always found her very honest.

NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. RECORDER.

Reference Number: t17970215-32

149. JOHN MACDONALD was indicted for feloniously stealing, on the 2d of February, a watch, with the inside case made of base metal, and the outside case covered with shagreen, value 2l. 12s. 6d. a steel chain, value 2s. 6d. a watch key, value 2d. and two seals set in metal, value 1s. 6d. the property of Elizabeth Jancey , spinster , in the dwelling-house of William Bradley .

ELIZABETH JANCEY sworn. - I live at the Conduit, in Conduit-street, Hanover-square : On Tuesday night, the 2d of February, I went to bed about half past eleven o'clock, and between twelve and one I was waked by a noise at the door, and upon looking up I saw the prisoner standing at the door with a candle; I had not locked the door; he lodged in the house; I spoke to the maid, who was in bed with me, and then he put the light out; I heard nothing more for about ten minutes, and then I heard the door open; I asked who was there, but there was no answer; I heard a foot go down stairs, and then I got up and got a light, and missed my watch from the wall at the head of the bed; I then went to my brother's room, and told him I had been alarmed; my brother and sister got up, and I went with them into the prisoner's room, and desired him to get up; he was some time before he got up; my brother slung the clothes off him, and discovered that his stockings were on; we then examined the doors and windows, and they were all safe; the prisoner wished to go to bed again; he said he must be upon guard in the morning, and could not sit up all night upon our business; he then attempted to go up stairs to bed, we went with him to the bed-room, and my sister, Sarah Bradley, upon examining the bed, found the watch lying between the sacking and the bed; I then asked him how he could think of coming to take my watch; he said I know nothing of it, it is a contrivance amongst yourselves; my brother then went and called the watch; the watchman came up stairs, and desired the prisoner to get up; he was then lying on the bed, with his hat upon his head, and his two hands put up before his face; he said he would not get up; the watchman desired him to take his hands down, and he would not; the watchman took down his hands, and drew him off the bed; he then got up, and dressed himself, and the watchman took him.(Sarah Bradley and William Bruce, a lodger in the house, confirmed the evidence of the prosecutrix).

Prisoner's defence. Upon the Tuesday night I had been at work till near twelve o'clock; I am a shoemaker as well as being in the guards; in the night, when I was fast asleep, Mr. Bradley came and waked me, and asked me if I knew any thing of his sister's watch; I told him, no, I did not know she had one, nor did I know that she slept in the house; I got up immediately, and we searched all over the house, and it could not be found; and then they came into my room, and found it; any body might get into the room; there is neither lock nor key to the door; I have slept there two months, and have lost things out of the room myself.

The prisoner called his serjeant, who had known him two years, and gave him a good character.

GUILTY

Of stealing to the value of 39s.

Transported for seven years .

Tried by the first Middlesex Jury, before Mr. RECORDER.

Reference Number: t17970215-33

150. JAMES MELLISH was indicted for feloniously stealing, on the 14th of January , a silver watch, value 30s. a silver chain, value 2s. and a silver key, value 6d. the property of John Williams .

ELIZABETH WILLIAMS sworn. - I am the wife of John Williams, I live in St. Botolph's, Aldgate : On Saturday evening, the 14th of January, about a quarter past eight, I had occasion to go into the back room, where I continued about five minutes; I heard a great noise in the shop.

Q. What business are you? - A. I keep a slop-shop, and sell watches and other things; I heard a noise, and came into the shop; when I came into the shop, I found the string upon which the watches hung either cut or broke; I went behind the counter, and found three watches and a great many chains, that I had hung upon this string, upon the ground; I missed one silver capped watch and a silver chain, this chain was lying at the door; they all hung in a row, and the chain hung by the side of the watch; the watch had a black string and a silver key to it; I picked up the chain, and have had it ever since; I ran into the street, but saw no person near; I sent to Lambeth-street, and the officers came to our house; I have never seen any thing of the watch since; when I went to the door, a boy of about fourteen years of age was at the door that saw it, but he was by some means put out of the way; I have taken all manner of pains, but I have not been able to find him; my own child is here, and she says it was the prisoner, she knows him very well; he was taken up on the first of this month.

SARAH SCRIVENS sworn. - I am twelve years of age, I am daughter of Mrs. Williams, by a former husband: On Saturday, the 14th of January, about a quarter past eight in the evening, I saw the prisoner come into the shop.

Q. Was there any light in the shop? - A. Yes.

Q. Had you seen him before? - A. Yes.

Q. Do you know him perfectly well? - A. Not perfectly.

Q. Look at the prisoner? - A. I have no doubt but he is the man; he had on a blue coat and a blue apron; I saw him come into the shop, I was in the back kitchen; I thought it was a customer, and I went into the shop, and saw this man standing at the counter, with his arm reaching towards the watches.

Q. Do you know whether he had seen you? - A. I do not know; he ran away, then I went to the door, and a boy was at the door of the name of Freestone; he works in the Tower; he was at the door when the prisoner ran out, I saw him by the lights; it was not any thing that the boy said to me that made me know it was the prisoner, I am sure it was him; I saw him at the Magistrate's again, the first of this month, the day he was taken.

Court. Q. Were there many people in the room when you saw him at the Magistrate's? - A. Me, and my mother, and the officer.

Q. Had he irons on at that time? - A. Yes.

Q. Was it from the irons that you suspected he was the man that was charged, or had you a recollection of his person? - A. I had a recollection of his person.

Q. Did you hear any noise while he was in the shop? - A. Yes, like the falling of the watches.

Q. Was it the falling of the watches made you go into the shop? - A. No, I heard the falling of the watches as I was proceeding towards the shop.

Q. Before you went into the shop, did you know how the watches and the other things were? - A. About three quarters of a yard from the window, upon a line, I picked up some of the things from the ground myself, some lockets and a card of gold rings; I saw my mother pick up a silver watch-chain at the door.

Q. Could this chain have fallen there from the cutting of the string, or must it have been removed first, and dropped afterwards? - A. They could not have fell so near the door, unless they had been carried there; I had seen the things in the window about five minutes before this affair happened.

Cross-examined by Mr. Alley. Q. How old are you? - A. Twelve.

Q. At the time you heard a noise in the shop, you were in the back kitchen? - A. No, I was coming towards the shop.

Q. I thought you said you were in the back kitchen when you heard the things fall? - A. No, I did not.

Q. The first notice you had of any body being in the shop was in consequence of hearing the things fall? - A. No, I perceived this man come into the shop, that I thought was a customer.

Q. And after that you heard them fall? - A. Yes.

Q. Is there any room between the back kitchen and the shop? - A. No, there is a long passage.

Q. And you were in the passage at the time? - A. Yes.

Q. How near the door were these things hanging? - A. Not above three quarters of a yard.

Q. And the things, when you found them, had fallen just underneath the place where they had been hanging? - A. Yes, behind the counter.

Q. Is the door leading to the passage opposite the shop door? - A. It is immediately opposite.

Q. How long is that passage? - A. I cannot say.

Q. As long as this table? - A. Yes.

Q. Saturday night is generally a busy night? - A. Yes.

Q. And that is a tolerable public neighbourhood? - A. It is a public neighbourhood.

Q. And a great many persons were therefore at that time going backwards and forwards? - A. I cannot say.

Q. His side was towards you, and he was reaching over? - A. Yes, and I saw his face when he came into the shop.

Q. How long might he have been in the shop? - A. About a minute.

Q. And did you not cry out? - A. Yes, to my mother; she was in the kitchen.

Q. Did you turn back and go to your mother? - A. No, I kept on into the shop.

Q. The whole time that he was in the shop could not have been more than a minute? - A. No.

Q. And during one part of that minute you could only have had a momentary glance? - A. I took particular notice of his face.

Q. You might have seen him before, but you are not certain? - A. Yes, I had.

Q. But you told my Lord you had not seen him so as to recollect him again? - A. I said I had seen him once before.

Q. But you went on and said, but I did not know him? - A. No, I did not know him perfectly.

Q. Then though you did not know the man you in the back passage, and his back towards you the greatest part of the time, you take upon you to swear that he is the man? - A. Yes; I am very sure that is the man.

Q. What was it you went into the kitchen for? - A. For the snuffers.

Q. Then the candles were dim? - A. They wanted snuffing.

Q. Notwithstanding this circumstance, that there was so little light in the shop at that time, and you at such a distance from the man, you undertake now to swear that the prisoner is the man? - A. There were five candles in the shop.

Q. And it is a tolerable large shop? - A. Yes.

Q. Have you always been as positive to the man as you are now? - A. Yes.

Q. Did you tell the runners who the man was? - A. Yes.

Q. Do not you know that this man has lived in your neighbourhood ever since? - A. I do not know; I have heard several times since that he has been past our house upon the other side of the way.

Q. This offence happened on the 14th of January? - A. Yes.

Q. And he was never taken up till February? - A. The first of February.

Q. Therefore near three weeks had elapsed before he was taken up? - A. Yes.

Q. And on the 7th of February he was examined at Shadwell? - A. Yes.

Q. Then it was a month from the time that the offence was committed, till you saw this man again; and notwithstanding the little opportunity you had of observing him, you undertake to say the prisoner was the man? - A. Yes.

Q. You never said you did not know who the, man was that committed the robbery, except that he was a pock-marked man? - A. I said, the man that came into the shop was pitted with the smallpox.

Q. Did you not assign as a reason why you could know that the man now at the bar was the man that robbed the shop, that he was so much pitted with the small-pox? - A. I particularly recollect the features of his face, I kept my eyes upon him all the time.

Q. Have you not said, that the reason why you knew the prisoner when you saw him at the Office, was, because the man that robbed the shop was so much marked with the small-pox, that you observed him, and assigned that reason? - A. I particularly remarked the features of his face; he was pitted with the small-pox.

Q. If you had known this man before, what reason had you to assign this particular account of the features of his face, as the reason why you should know him? - A. I am sure this is the man that robbed my mother; I know him by the features of his face.

Q. Then it is only from these particular observations that you recollect it was the man you had seen before? - A. I am sure he is the man; when he was coming in, I said to my mother that is the man that robbed the shop.

Q. What hat had he on? - A. A round hat.

Q. Had he a handkerchief about his neck? - A. Yes.

Q. Over his chin? - A. No, round his neck.

Q. And you still persevere in swearing that that is the man? - A. Yes.

JOHN RILEY sworn. - I am a Police-officer, at Shadwell; I apprehended the prisoner; I did not find any thing upon him; I took him in consequence of his escape from Lambeth-street, Whitechapel.

Mr. Alley. (To Mrs. Williams.) Q. This watch charged in the indictment is a capped watch? - A. Yes.

Q. That is the denomination it goes by? - A. It is capped with brass.

Q. Then a person coming to buy a watch of that description would naturally ask for a capped watch? - A. Yes.

Q. You always understand it by that term, and by no other? - A. If they did not ask for a capped watch, I should not shew them one.

Q. Is there any body concerned with your husband in either of these businesses? - A. Nobody at all.

Court. Q. It is what you fell for a silver watch? - A. Yes.

For the Prisoner.

ANN GREENAWAY sworn. - On a Saturday night, it might be six weeks ago, I was going for a little money that was owing me, and going along I saw a mob standing at this gentlewoman's door; I went across the lane to see what was the matter, and I heard the people say that Mrs. Williams was robbed; Mrs. Williams was standing in the shop, very much sturried, and a little girl behind the counter; a gentlewoman asked her if she had been robbed, and she said, yes; she asked her if she knew who had robbed her, and she said she did not know who it was, she wished she did, she would make them suffer for it; I was at the shop door and heard them.

Q. Did you hear the little girl say any thing at the time? - A. No; there was a tape went across the window that was broke down.

Q. Was she so close to her mother at the time, that she must have heard the observation? - A. Yes, she must; she was behind the counter, and the mother on this side.

Q. Did she make any reply? - A. Not to my knowledge.

Q. Was any other person there besides yourself? - A. A great many more.

Q. Were they strangers to you? - A. Yes; there was another gentlewoman asked her if she should know the watch again; I do not know whether it was one or two; and she asked her if they were marked, and she said they were marked; a woman standing there said, I saw the man go out, it was very much like a carpenter that was at work in your back shop; it was a woman that seemed to be an acquaintance.

Q. Did the little girl say any thing? - A. No.

Q. She did not say she knew the man? - A. No; I went to the Office; she said, she had lost four pounds worth; they would not hear me speak before the Magistrate.

Q. Do you know the prisoner? - A. No further than by sight: his mother keeps a chandler's shop and coal-shed.

Q. What business are you? - A. I go out in the streets with fish.

Q. How long have you known this lad? - A. I have known him from a child by sight.

Q. How came you here to-day? - A. I was speaking about it, and his mother desired me to come and say what I knew; I heard that the lad was taken up upon suspicion of it.

Mrs. Williams. I have not had a carpenter in my house these twenty-one months, upon my oath.

Court. Q. Did you see this young woman there, the last witness? - A. To the best of my knowledge I never saw her; I was not capable, the night I lost my watch, to say a single word; I was so frightened, I thought I should have died.

Q. Do you recollect whether you had any conversation at all with any body? - A. I do not remember, except that I spoke to a chair-woman who was just going away.

Q. Did you say that the watches were marked, do you recollect? - A. Indeed I did not.

Q. Do you recollect whether you had any conversation at all with any of the people who came about you? - A. Not any, to my knowledge; this was not a watch for sale, it was a watch which was sent in for a job to be repaired; it stopped about every two hours, and I paid the owner for it this very week.

Q. You are answerable for it? - A. I am, and have paid for it.

Q. That chain does not belong to the watch? - A. That was one that was exposed for sale in the window.

GUILTY (Aged 21.)

Confined two years in the House of Correction , publickly whipped and discharged.

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17970215-34

151. RALPH LAZARUS was indicted for feloniously stealing, on the 13th of February , three pounds weight of mutton, value 1s. 6d. the property of Messo Shannon .(The case was opened by Mr. Alley.)

MESSO SHANNON sworn. - I was born in Berbary, and went from there to Gibraltar; I have been in London these twenty years; I have been a butcher these sixty years; the prisoner was servant to me; I live in Duke-street, Aldgate, and keep a shop in Petticoat-lane besides.

Q. The prisoner has been in business for himself some time? - A. Yes, in Petticoat-lane .

Q. Have you lost any mutton lately? - A. Yes; I have lost meat out of my shop every week these two years; I am almost ruined; gentlemen, this day week, as I was coming from Whitechapel, I went past his shop, and I saw a fat joint of meat, it was a fat breast of mutton, outside; I went by again, and saw a neck of mutton, my property, and my own cut; no Jew butcher in London cuts the same as I do; it was pole mutton; there is a difference between pole mutton and horn mutton.

Q. How do you know from the neck, that it was pole mutton? - A. It was my own property; I am a butcher by trade, I can tell pole mutton from horn sheep to be sure, and so can any butcher; I cut it all myself; I have got three or four men, and I never let them cut any.

Q. Did you recollect it was your cut? - A. My own cut, my own scores, and my own meat.

Q. What sort of scores are these? - A. Butchers scores to be sure.

Q. What sort of scores, long or short, or what? - A. Long and short, and all sorts of scores; there is no butcher in Whitechapel, cuts it like mine; every butcher in Whitechapel has different scores; it is my own meat, so help my God; good gentlemen, it is my own meat.

Q. Will you undertake to say, from all the observation you have made, that it was your property? - A. Yes.

Q. Had you sold it? - A. No, I had not.

Q. Was nothing in the shop at this time? - A. I took him to assist me, because I am a foreigner.

Q. Did you say, in the presence of Nathan, that it was your mutton? - A. Yes.

Q. You left the shop to go for a constable? - A. Yes; I left Nathan there; I went to the Whitechapel Justice's; I left Nathan outside the door; when I came back, I did not find the mutton as it was when I went in; he took the fat off, and the mutton was cut in half.

Q. Are you sure the mutton was your's? - A. Yes.

Cross-examined by Mr. Knapp. Q. When you saw the mutton again in the prisoner's shop, it was not in the same state in which you had had it in your's? - A. No.

Q. Who had altered it, you did not know? - A. He altered it while I was gone; when I saw it first, it was just as I lost it out of my shop.

Q. How long have you been a butcher in this country? - A. Very near twenty years.

Q. In Petticoat-lane? - A. No; in Duke-street, Aldgate; within these seven years, I have had a shop in Petticoat-lane.

Q. You have a particular way of cutting up your meat? - A. More than any Jew butcher.

Q. You know it by your own cutting? - A. Yes; and it was a particular sort of mutton.

Q. You deal in a particular sort of mutton? - A. They were all pole mutton that week.

Q. After it was cut up, how did you know it was a pole sheep? - A. I can tell from a thousand.

Q. When the carcase is butchered and cut up, and a neck of mutton is separate from the sheep, how are you able to know it is a pole sheep? - A. I can tell a pole sheep from a horn sheep.

Q. But how can you tell when it is cut up; suppose you kill a pole sheep to-morrow morning, cut off the head, cut up the carcase, butcher it in a proper stile, and after you have butcherd it, and put it ready for sale, and mixed it with other meat, tell the Jury how you know it? - A. Very well; a pole sheep is marbly, and a horned sheep is not marbly at all.

Q. Then a pole sheep is the best mutton? - A. Yes.

Q. How many pole sheep did you kill at the same time that you killed this one? - A. I bought fourteen pair of quarters of one man, all wether and pole sheep.

Q. Then tell us how you know one quarter of a pole sheep from another quarter of a pole sheep? - A. I know very well it was my own score, there was not one killed for any Jew that week, besides mine; I buy them ready killed.

Q. How then can you distinguish one part of a pole sheep from another? - A. It is my pole sheep, my own mutton, and my own score; not a Jew in England scores as I do; and if any man says he killed a pole sheep that week, I will give him a thousand pounds.

Q. Not a carcase butcher? - A. No.

Q. You retail it? - A. I cut it out in two-pound pieces as it is wanted; I found them with some scores as I bought them.

Q. You did not make the score? - A. No.

Q. Those persons you bought of, sell to other people? - A. Yes.

Q. And they make the same mark upon what they fell to others, as they do to you? - A. Yes.

Q. If a man sells to you (being a carcase butcher, or a butcher that sells by wholesale), a carcase with the joints all marked the same, how will you take upon yourself to swear that this mutton, having the same mark, is your's? - A. That man killed no more that week than what he sold to me.

Q. Is he here? - A. No; but I leave it to any gentleman.

Q. You know it only from the scores which were upon it previous to your buying it? - A. Yes; and the pole sheep; I insist upon the pole sheep.

Q. One word more about the pole sheep, and I have done with you-how many quarters of pole sheep had you bought, at the time you bought this? - A. Fourteen pair.

Q. Out of those fourteen pair, all marked in the same way that they are sold out to other retail butchers, how will you venture to swear that this, having the same mark, is your's? - A. He sold them to nobody else but to me; I never was before any Justice in my life.

Q. You were before the Magistrate alone? - A. Me and him, and all his friends, and only me alone.

Q. I should have thought you had come from another country-you took him up, did not you?

- A. The Justice said, my dear good man, I cannot do any thing in this, you must indict him.

Q. Did you take him up upon a warrant? - A. No; only the indictment.

Q. The prisoner attended at the same time? - A. Yes; he gave him leave to sell the mutton, and do what he pleased with it; I don't know the ways of this country.

Q. You had taken out no warrant against him? - A. No.

Q. You charged him with having robbed you? A. No; I did not say he robbed me; I found my property in his house; if a man sees his property in any body's possession, must not he demand it, or else there is no law; I did not see the man rob me, but my meat was in his possession.

Q. He went voluntarily without any warrant, after you had made this charge upon him? - A. He went along with the officer and me.

Q. You made a complaint of this mutton being found in his possession? - A. Yes.

Q. The Justice discharged the complaint? - A. Yes; he said, my dear good man, I can do nothing in it, you must indict him.

Q. The Magistrate discharged your complaint? - A. Yes.

Q. Have you got the mutton here? - A. No; he sold it; I have got some of the same sort.

Q. You say no Jew butcher cuts in the same way as you do? - A. Yes.

Q. Do you know all the Jew butchers in Petticoat-lane, and round about there? - A. Yes, I hope so.

Q. You hope you know them all? - A. Yes, I hope so; every one.

Q. They are not all here? - A. No, not that I know of.

Q. Will you swear for them, that they do not cut up their meat exactly in the same way that you do? - A. No; they do not.

Q. Were you ever present when they did cut up their meat? - A. Do not I know the way, they cut it up the English way.

Q. The prisoner at the bar is a Jew? - A. Yes.

Q. He had been a servant of your's between three and four years? - A. No, not so long, about two years.

Q. Of course, during the time he was with you, he cut up meat in the same way that you did? - A. No, he did not; because I got a neck of his mutton; I have got it, and I will shew it to you in my shop.

Q. Did not you learn him to cut up your meat? - A. No, I did not let any body cut up my meat; ask him if he ever cut up any in his life; this meat is mine.

Q. But he saw you cut up your two pounders? - A. Yes.

Q. The Jews do not cut the same way as you do? - A. No, they do not like it, it is such a comical way.

Q. When you charged the prisoner with having mutton in his possession of your property, did not he say he had bought the mutton of Mr. Cooper, a butcher? - A. Yes, he did.

Q. Did you go to Mr. Cooper? - A. Yes, I did.

Q. The Magistrate referred you to Mr. Cooper? - A. Yes.

Q. Did not Griffiths go with you to Cooper, in consequence of the prisoner's desire? - A. Yes; he had sold him great fat mutton.

Q. That was by the Magistrate's desire? - A. To be sure.

Q. Did not you go back to the Justice's? - A. Yes.

Q. And he let the prisoner go, and left you to indict him, if you thought sit? - A. Yes.

Mr. Alley. Q. You buy it in pairs? - A. Yes.

Q. And you cut it up in the Barbary or Gibraltar fashion? - A. Yes; in the Gibraltar fashion.

Q. And none of the butchers in the neighbourhood, cut up in the same way? - A. No.

Q. And you have no doubt the mutton was your cutting up, and your own property? - A. Yes.

Q. With respect to the prisoner going voluntarily to the Magistrate there was a constable along with you, was not there? - A. Yes.

CATHERINE JACOBS sworn. - Examined by Mr. Alley. Q. Are you a married lady? - A. I am; I live two doors from the prisoner.

Q. Do you remember seeing Shannon, the prosecutor at the prisoner's house? - A. No, I do not.

Q. Do you recollect the prisoner being taken up? - A. I do not know any thing at all about it.

Prisoner's defence. I have been a butcher ever since I was fourteen years of age; I took a house, and set up for myself near Mr. Shannon; after having been there a short time he did all he could to get me out; he endeavoured to get my rent raised by offering more for it than I gave; finding he could not do that, he set his son up against me; I met him one day in Whitechapel, and he told me I had got some mutton of his; and I told him to go with me, and he went with me, and took it down, and said that was his; I told him it was a falsity, I could bring witness where I bought it and paid for it; and then he directly took the mutton and ran out of the shop with it, and was gone half an hour with it, and then he returned back again with five or six necks of mutton in one of his men's aprons, and laid them all down upon my block, and there was another man with him that they call Benjamin;

first of all, he said there was no butcher like him for cleaving the mutton; and then he said he made a mistake in cleaving it so bad, that he knew it by that; and a man told him he had better take his necks of mutton and go away; and the man said, there was a neck of mutton amongst them that he knew was Shannon's cut; I told him very likely it was, for it was one that he had brought there; and I went with him before a Justice, and I told him I had bought it of Mr. Cooper; and the Justice said, he should go with me and the officer, and we went to Mr. Cooper, and he said, it was impossible for him to say to three pounds of mutton; and I went and told the Justice, and the Justice told me to take the mutton and go home; I lived with Mr. Shannon three years, at his shop in Shoemaker-row; after I had been with him six months he never cut a bit of meat, I always cut it myself; it was a piece of a neck he charged me with.

For the Prisoner.

THOMAS COOPER sworn. - Examined by Mr. Knapp. I am a butcher in Aldgate High-street; I know the prisoner, he deals with me: Last Wednesday was a week, I told him three pair of fore quarters of mutton, what the Jews commonly call a sheep.

Q. Were they pole sheep or horn sheep? - A. They were horn sheep.

Q. When meat is cut up, in the way you describe, in quarters, can any body swear to their having belonged to pole sheep? - A. The pieces that were brought to me I could not swear to; if they had been brought back to me whole I could have sworn to them.

Q. When they were cut to pieces you would not undertake to swear to them? - A. No.

Court. Q. Every butcher knows pole mutton from horn mutton? - A. Yes; but not when it is cut in these small pieces.

Mr. Knapp. Q. When you sell by fore quarters, and not cut up at all, you would know them again? - A. Certainly.

Q. When it is sold by you in fore quarters, and afterwards cut into pieces, you cannot swear to them? - A. No.

Q. How many parts of pole sheep do you think you might sell that week? - A. I dare say I sold better than twenty in the course of that day, and they were all horn sheep.

Q. Suppose you had sold any one of these twenty in the course of that day, and the same that you sold to Lazarus had been brought back to you, could you have known them again? - A. Not cut in pieces.

Q. But you deal in pole sheep sometimes? - A. Yes.

Q. If you were to sell pole-sheep, and they were cut to pieces, could you identify them afterwards? - A. I cannot say I should be judge enough to do that.

Q. The prisoner and prosecutor came with Griffiths, the officer, to your house? - A. Yes, on the Monday following; this was on the Wednesday that I sold them.

Cross-examined by Mr. Alley. Q. How long have you been a butcher? - A. Near twenty years.

Q. You have modesty enough not to set your experience against a man that has been a butcher fifty years? - A. I never cut up at all.

JOHN GRIFFITHS sworn. - Examined by Mr. Knapp. I am an officer belonging to Lambeth-street; I went to the prisoner's house, the prosecutor had been at the Magistrate's, he laid a complaint that he had been robbed of this mutton, and brought the mutton with him; I then went to the prisoner's, and the mutton was lying upon the block, and he gave me charge of the prisoner; I brought him to the office, and the Magistrate, Mr. Davis, after hearing the whole of the evidence, thought there were no grounds to commit the man.

Q. Was the complaint discharged? - A. It was.

Q. Did he bind him under recongnizance to appear here? - A. Certainly not.

Q. Do you know whether the prisoner has surrendered to take his trial, or whether he is upon bail? - A. He was not committed, nor is he upon bad; I went the same day with the prisoner and the prosecutor to Mr. Cooper, I asked him if he could say any thing about that mutton coming from his shop; he said, he could not, nor any person else; I went back to the Magistrate with them, and told him what had passed, and he dismissed him.

Cross-examined by Mr. Alley. Q. The Magistrate thought fit to dismiss him? - A. Yes.

WILLIAM BARBER sworn. - I am a butcher, in Aldgate High-street; I have known the prisoner fourteen or fifteen years, I never heard any thing dishonest of him in my life.

Mr. Alley. Q. Have you lived out of town some time past? - A. No, I have not.

Mr. Knapp. Q. How long have you lived in Aldgate? - A. Twenty one years; in the house I served my time in.

Q. A house-keeper? - A. Yes.

WILLIAM FRANCIS sworn. - I am a butcher, in Aldgate High-street; I have known him about a twelvemonth, he lived in Petticoat-lane; I cannot say that I ever heard any thing about his character; I was subpoenaed here for I know not what.

LEVY HARRIS sworn. - I am a broker, in Petticoat-lane; I have known the prisoner three or four years, he is a very honest man; I have sold him goods and he always paid me.

MONTAGUE PEARCE sworn. - I am a pewterer,

in Petticoat-lane; I have known him these ten years, and never heard any thing against his character.

WOLFE JACOBS sworn. - I have known him from a child; he has been an upright honest young man all the days of his life.

JUDITH JOEL sworn. - I live in Whitechapel; I have known him from his infancy, he is a worthy, sober, honest,young man.

ISABELLA SURMAN sworn. - I work at the prisoner's house, needle-work; I have known him these eight years, he is a very sober, honest, young man; I never heard any thing to the contrary.

JAMES BOOT sworn. - I live in Aldgate High-street, I am a carcase butcher and salesman; I have known the prisoner several years, as a servant, and a little while as master.

Q. What is his character? - A. I cannot say I have heard, I never made any enquiry whether he is honest or not; he used to fetch meat from my shop.

NOT GUILTY .

Tried by the first Middlesex jury, before Mr. RECORDER.

Reference Number: t17970215-35

152. ELIZABETH HARMAN was indicted for feloniously stealing, on the 8th of February , a silver watch, value 2l. 2s. a steel chain, value 6d. a cornelian seal set in gold, value 8s. and six shillings in money, the goods and monies of John Grocot , in the dwelling-house of the said Elizabeth .

JOHN GROCOT sworn. - I am a bricklayer .

Q. Journeyman or master? - A. I am a little master, I work for myself.

Q. Are you married or single? - A. I am a married man; On the 8th of this month, last Wednesday was a week, I had been erecting a scaffold at a gentleman's house, and had got a little beer, and I stopped at a public-house; as I was coming home, about eleven o'clock in the evening, I was stopped by two women.

Q. Were you drunk or sober? - A. I had had some liquor to a certainty, I must speak the truth, but I was not drunk, I was quite sensible; I did not go into the house with these two women, but another woman invited me to the prisoner's in Lewkner's-lane, to smoke my pipe; upon that, the young woman that invited me in, invited me to go from her room to the room of the prisoner at the bar; accordingly I did so, and there we drank three quarterns of gin.

Q. Did the prisoner drink with you? - A. Yes; and another woman; the other woman never stopped, nor sat down in the room; the prisoner persuaded me to go and fetch the fourth quartern of gin myself, accordingly I did, and then there was nobody in the room but her and me; we were upon the bed together; she took the watch out of my pocket, the chain and seal was in my pocket, I felt her hand in my pocket, and asked her what she meant to do with that, are you going to rob me of any thing; her answer was, I won't take any thing of you but what I return back; then she advised me to go home, and call there again in the morning; I was very loath to go.

Q. Did you see the watch in her hand? - A. No, I did not; I only felt her hand in my pocket.

Q. Did you go away without seeing whether she had the watch or not? - A. When I got into the passage, there I stopped, and the door was bolted against me; accordingly I went home that night, without my watch or my money.

Q. Did you miss any thing? - A. Yes; I knew I was short of my watch; as to my money, I never perceived her take that; I had ten shillings and three-pence, and one shilling that had been refused.

Q. How came you only to put six shillings in the indictment? - A. I was to take off what I spent for gin.

Q.Are you sure you had some money and your watch? - A. Yes.

Q. When had you last seen your watch? - A. The moment I went into the door, going in, I put my chain and seal into my fob; it was a silver watch with two cases, both silver, and a steel chain of very little value; and the seal was a cornelian stone set in gold, with a Turk's head upon it; I returned there the next morning expecting to have it, it was about nine o'clock in the morning; I found the prisoner there, and two men there, and another woman was drinking tea; I asked them for my watch; she forswore ever having it; there was a man in the front room said he would knock my head through the door; then I went over to the public-house, and the landlord advised me to have them taken up; I told him, I did not wish to do that, it would only bring me into trouble; I went again the next day, and the landlord said I was to blame if I did not take them up; and I gave a man sixpence to go to Bow-street for a runner; I went on Thursday and offered them a guinea for the duplicate, and I would put my hand to a ten pound bond, that I would not put them to any trouble for it; I have never found my watch nor money since.

Cross-examined by Mr. Knapp. Q. What are you, a bricklayer? - A. A piece of a one.

Q. How long have you been in London? - A. Twelve years.

Q. How long have you known Lewkner's-lane? - A. An hundred times.

Q. You have been there an hundred times? - A. Yes.

Q. How long have you been married? - A. Twenty years.

Q. And been in Lewkner's-lane an hundred times? - A. Five hundred, I suppose.

Q. You know all the people that live in Lewkner's-lane? - A. No, I do not.

Q. How many women do you know there? - A. None but her.

Q. You have been married twenty years? - A. Yes.

Q. Have you any children? - A. Why I do not know; my wife has had some.

Q. It may be a good joke for you, but you know you have indicted this woman for a capital offence? - A. Yes.

Q. You have been married twenty years, and have the impudence to tell me your wife has got some children; how many children have you had by your wife? - A. I have had nine by my wife, seven are dead, and two now living.

Q. And yet you have the impudence to tell the Court, and the jury, that you go to Lewkner's-lane with a common prostitute, and triumph in it? - A. No; I called in at the White-hart.

Q. But you did this time? - A. No, I did not; I was going home.

Q. Did not you mean to state, that you went into the apartments of the prisoner? - A. Yes.

Q. You are a journeyman bricklayer? - A. No, I am not.

Q. You work for yourself? - A. Yes.

Q. A master bricklayer? - A. Yes; I live at No. 7, Rose-street, Soho; there is a gentleman upon the Jury knows where I live.

Q. How long have you had this watch? - A. Seven years, I suppose.

Q. Have you ever got it again? - A. Yes.

Q. Can you tell the jury the number of it? - A. Yes; No. 3.

Q. Can you tell the maker's name? - A. I cannot tell the name.

Q.You have had it seven years, and do not know the maker's name? - A. No.

Q. How long have you had the seal? - A. Two years; I bought it of Devayne, jeweller, in Denmark-street.

Q. A Turk's-head? - A. Yes.

Q. Did you ever see such a seal before? - A. Yes, many a one.

Q. All then that you know is, that you had a seal with a Turk's head upon it, that was a cornelian seal set in gold? - A. Yes.

Q. How much had you been drinking before you met with the woman that took you into the house? - A. Share of five posts of beer, between three carpenters and myself, and one of my labourers.

Q. Was that all you drank? - A. Yes, before I came to the White-hart.

Q. What did you drink at the White-hart? - A. Threepennyworth of gin, me and the landlord together.

Q. And how much did you drink afterwards? - A. A share of four quarterns of gin.

Q. How much had you of the gin at that house? - A. About three glasses.

Q. Were you drunk then? - A. No.

Q. Half in half? - A. No; I was not.

Q. Not groggy at all? - A. No; I don't think I was at all.

Q. Are you in the habit of drinking a good deal of gin? - A. Yes; beer and gin to.

Q. As much as you can get? - A. Yes.

Q. And you were not drunk? - A. No; I will take my oath, if it was the last day I had to live; I have drank as much to-day, very near, as I did then.

Q. You found the prisoner there the next morning? - A. Yes.

Q. Upon your oath, did not you consent to let her have the watch till the next morning? - A. No, I did not.

Q. Did not you in consequence of your drunkenness? - A. I was not drunk.

Q. Was it not agreed between you that she should be in possession of it till the next morning? - A. No.

Q. Did you give her any thing? - A. Yes.

Q. What did you give her? - A. The liquor.

Q. No money? - A. No, not a farthing but the liquor; that was all she required of me.

Q. You told the Jury you had a bad shilling, were you good enough to offer that to her? - A. No; I neither offered her good or bad.

Q. Do you mean to have the Jury believe, that you as a married man, married for twenty years, having a number of children, as you describe, going with a common woman to a common brothel, and never offer the woman sixpence? - A. She never asked me for any thing.

Q. Did you offer her the bad shilling? - A. No.

Q. Nor any thing? - A. Nor any thing but the liquor.

Q. Now, notwithstanding this watch was denied to you the second day, you did not like to prosecute, according to the advice of the landlord? - A. I thought to have it again; if I had had my property again, I did not wish to involve myself in it.

Q. You offered to put your hand to a ten pound bond? - A. Yes.

Q. Ten pounds to recover the property of two pounds eight, for that is all the property in the indictment? - A. Yes.

Prisoner's defence. I wish this man (one of Mr. Kirby's men) to be asked what the prosecutor said to him this morning.

THOMAS SIMPSON sworn. - Mr. Knapp. Q. Are you one of the assistants to Mr. Kirby? - A. Ser

vant to Mr. Kirby: this woman was discharged by proclamation, under a name that we did not understand; the prosecutor seeing her go through the yard, came and gave information to Mr. Shelton; I was desired, as soon as we heard of it, to go and bring her back if I could; I found her in the Old-Bailey, which was near twenty minutes or half an hour after she was discharged; I brought her into the baildock, and not knowing whether she was the person, rightly or not, I brought in the prosecutor to look at her; says I, is this the woman; says he, it is the woman, she knows me well; and he said, if she was to serve me so twenty times again, and took twenty times the value from me, I would not prosecute her.

NOT GUILTY .

Tried by the first Middlesex jury, before Mr. RECORDER.

Reference Number: t17970215-36

153. GEORGE MALLARD and JOHN MILLION were indicted for feloniously stealing, on the 3d of February , two quart pewter pots, value 3s. two pint pewter pots, value 2s. and a pewter dish, value 4s. 8d. the property of Samuel Knight .

SAMUEL KNIGHT sworn. I keep the Black Pigeon, in Brick-lane : I have lost a vast number of pots, I was convinced they were stolen out of the house; I told the pot-boy, if he would look out sharp, and detect them, I would give him a shilling; the two prisoners are soldiers, and were quartered upon me; on the morning of the 3d of February, a little after six, he told me there were some pots under the soldiers' bed; the prisoners came down with their knapsacks, and had a pot of beer; I had occasion to go backwards to make water, and when I returned, they had slipped out; I then went up stairs and called my wife, and went in pursuit of them; I met a person of the name of Croft, and desired him to go with me after them, and we caught them near Spital-square, in Lamb-street; I challenged them with stealing pots of mine; Mallard had a knapsack; I seized him by the collar and held him fast, he made a little resistance, and I gave him a blow, as soon as I saw the pots come out, two quarts, two pints, and a large pewter dish; there was an old coat and waistcoat, and a pair of stockings put in between, to keep them from rattling; I took them both, and I was confident the other must know of it, as they both slept in the same bed; and the pots were under the bed; and he acknowledged that he knew of this, but had never known of any other.

Q. Have not you told Million it would be better to confess it, or worse for him, if he did not? - A. No; nothing of the kind; I told him I was very sorry for it, I did not think he was that kind of man; I took Mallard to the watch-house, and insisted upon Million going with me, which he did; and the next day they were taken before a Justice, and committed; they were together at the time that I came up to them; I have lost eight dozen of pots in two months; I have been in that house better than three years; my name is upon the pots; and one of the pots is numbered with this instrument.(Producing a tool).

Q. Have you ever sold any of your pots? - A. No, never.

NICHOLAS CROFT sworn. I am a cooper: I came up very soon after Mr. Knight had stopped the prisoners; when I came up, he was taking the knapsack from the shoulders of one of them, Mallard; I saw Mr. Knight take out of it, two quart pots, two pint pots, and a pewter dish; Million said, in my hearing, he had no hand in taking the pots; and Mallard made reply, and said that he had.

Knight. I was in the watch-house, and he confessed to me he had a hand in this, but in no other.

THOMAS RITCHIES sworn. - I am a patole of the parish of Christ-church: Mr. Knight brought the prisoners to me, and gave me charge of them; I put them into the watch-house, and took them before a Magistrate, with the property; I have had it ever since, (Produces the knapsack as it was taken from the prisoner).

WILLIAM WESTON sworn. - I am pot boy to Mr. Knight; my master sent me up to call the maidservant, on the third of this month, about six o'clock in the morning; and I saw a quart pot under the soldiers' bed, and one upon the stairs.

Q. Are the prisoners the soldiers ? - A. Yes; there was a new quart pot marked No. 19, upon the stairs, and a plain one under the bed; I told my master of it; and my master sent me up again about a quarter of an hour after, because the maid servant did not come down; and then the soldiers came down, and had a pot of porter in the tap-room; when I went up stairs to call the maid again, there were no pots there; my master went out into the yard, and the soldiers went out at the door; as he came into the house again, he went up stairs to call my mistress, and then went after them.

Q. Should you know the pots again if you should see them? - A. Yes; there is No. 19 among them; the pewter dish used to stand just within the kitchen.

Mullard's defence. I was going to Westminster, to get my clothes and my pay from my serjeant; we had been but a very few minutes out when the landlord took us; I did not know any thing about the things being in the knapsack.

Million's defence. Mallard came down with his knapsack, and I asked him where he was going with his knapsack, and he said he was going down to Westminster, to get some clothes from his ser

jeant, and his pay; and I said I would go with him; and the landlord came after us, and said we had some pots of his; I know no more about it than the child unborn.(The property was deposed to by the prosecutor).

Mallard, GUILTY (Aged 24.)

Million, GUILTY (Aged 18.)

Confined six months in the House of Correction , and fined Is.

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

Reference Number: t17970215-37

154. THOMAS GENTLEMAN and WILLIAM FREEMAN were indicted for feloniously stealing, on the 17th of January , two men's cloth great coats, value 7s. the property of David Roberts .

DAVID ROBERTS sworn. - I am a taylor ; On the 17th of January last, a woman that lives in the same house that I live in went to a baker's a few doors off, and left the street-door a-jar, between five and six in the evening.

Q. Are you a lodger or a house-keeper? - A. A house-keeper; she was only gone a minute or two, in the mean time somebody had come into the parlour, and taken two great coats of my own wearing; the next evening, between seven and eight, I went to a pawnbroker's, in York-street, and enquired if they had taken such things in, and they told me they had, and brought them down to me; the next day I went to the office in Queen-square, Westminster, to let them know that I had lost two great coats, and found them at the pawnbroker's; I live at No. 10, William-street, Pimlico ; they sent a runner along with me to the pawnbroker's, for him to bring the coats to the Police-office, which he did, and he told who had pledged them.

GEORGE WHITNALL sworn. - On the 18th of January, at night, the prosecutor came to our house, and said he had lost two coats, and wished us to see if we had taken in any such thing; and, upon looking at the name, I knew the person that they had been taken in of; I had taken one of them in myself, I took them in from the witness, James Mills ; my lad took in the other, he is not here.

Q. Was Mills a man known to you? - A. Yes, I have known him some time; he was serjeant in the guards; I was sent for next morning to the office; I attended, and told them who I had them of, in consequence of which Mills was taken up, and he told who he had them of.

JAMES MILLS sworn. - I am a soldier in the guards; I was a serjeant, but owing to a bad state of health I missed a field-day one day, and was reduced; I pawned two great coats with the last witness, on the 18th of January, in my own name; I bought them on the same day from the prisoners, Thomas Gentleman and William Freeman; I gave them 5s. 10d. for them, at a public-house, the Green Man and Still, in Duck-lane.

Q. How far is that from William-street, Pimlico? - A. It may be a quarter of a mile.

Q. Did you know any thing of these boys before? - A. I have seen them, they lodged there; they used to sell fruit in the summer-time with a jack-ass; I asked them how they came by them, and they said they were honestly their own; they wore the coats then, but they did not fit them.

Q. Are you sure they are the lads? - A. Yes, I am positive of it.

Q. Who had the money, or had you one from the one and the other from the other? - A. One from the one and the other from the other; I gave Freeman 3s. 10d. and Gentleman 2s.

Q. You were taken up for this yourself? - A. Yes; I heard the officers were after me; I had been in the city, and I went to the Police-office to see what it was, and I told them of the two boys, and they went and found them at the same house.

Freeman. I gave this coat to that gentleman, for 3s. and a pint of porter.

Mills. I gave him 2s. 6d. and Is. I paid the woman for a pot of porter.

(The coats were produced, and deposed to by the prosecutor.)

Gentleman's defence. I was going up Tothill-street to a cook's shop, and bought the coat of a soldier for Is. 6d. he asked me 2s. for it.

Freeman's defence. I was going up Tothill-street, and saw this boy, Gentleman, counting some money, and I asked him what he had been buying, and he said a great coat; and the soldier said if I wanted another he would fell me one; he had it on his back, and I gave him 2s. 6d. for it.

Both NOT GUILTY .

Tried by the second Middlesex jury, before Mr. RECORDER.

Reference Number: t17970215-38

155. BRIDGET HOARE was indicted for feloniously stealing, on the 9th of February , a silver table spoon, value 8s. the property of Elizabeth Applegarth .

ELIZABETH APPLEGARTH sworn. - I am a perfumer in Bond-street , I keep a shop and parlour: On Wednesday the 8th of February, I missed a silver table spoon; I can speak to the property, I saw it again on Saturday, in possession of one of the constables from Marlborough-street.

JOHN M'DOW sworn. - I live servant at Mr. Wilson's in Old Bond-street; I went up one pair of stairs at Mrs. Applegarth's, and took it off her table, and eat my dinner with it, and left it upon

the table; I borrowed the spoon of Mrs. Applegarth to eat my dinner with, and after dinner it was left upon the table with the rest of the things; and I did not see it afterwards till the constable brought it to Marlborough-street on Saturday, between five and six o'clock.

JAMES ALDOUS sworn. - I am a pawnbroker: On Saturday the 11th of this month, between ten and eleven, the prisoner came to my shop to fell this spoon. (Produces a silver table spoon).

Q. Had you ever seen the prisoner before? - A. I do not recollect her myself, my servant has seen her; I asked her how she came by it; she said she found it two years ago; she had the appearance of a milk-girl, with a blue apron on; I asked her where she had her milk from; she said, from Wellings's farm, and that she had found it in Bond-street, with some other things; I asked her how she came to scrape the mark out; and she said, it was done by a boy she had sent it to; I did not believe the story, and I took her to Marlborough-street office; she told the same story at the office; and they went to enquire at the Milk-house; and they sent to this Mr. Wilson, where this girl lived; Mr. Wilson is M'Dow's master.

Mrs. Applegarh. This is my spoon, this is the fellow to it; it is marked with my own name, which is not quite obliterated.

Q. Look at the prisoner, did she sell milk at your house? - A. Yes.

Q. Was she there the day the spoon was missed? - A. Yes, she was.

Prisoner's defence. I have nothing at all to say, but I found the spoon in Bond-street.

GUILTY (Aged 22.)

Confined six months in the House of Correction , and fined Is.

Tried by the second Middlesex jury, before Mr. RECORDER.

Reference Number: t17970215-39

156. SARAH TURNER was indicted for feloniously stealing, on the 16th of February , a black cloth coat, value Is. a black silk waistcoat, value Is. 6d. a calico bed-gown, value 6d. and a green silk ribbon, value Id. the property of John Jones .

ELEANOR JONES sworn. - I am the wife of John Jones , we keep a house in Colville-court ; I lost the things in the indictment last Thursday, I had seen them about ten minutes before I missed them, they hung up in a little back room; about one o'clock, a little girl told me there was a woman gone out with a lap full of things down Charlotte-street, and I went after her, and overtook her; I took hold of her hands and brought her back, with the things in her apron.

Q. Was the door open? - A. The door of the house was open, and the key in the room-door; a constable met me in the court, he took the things out of her apron.

WILLIAM BROWN sworn. - (Produces the property). I am a constable; I took these things from the prisoner last Thursday, between twelve and one o'clock, she had them in her apron; I took her into the house, and searched her, I found nothing else upon her. (The property was deposed to by the Prosecutrix).

Prisoner's defence. I had got a child at home very ill in the small-pox, and could get nothing to do to pay my lodging, and I took them out of distress.

GUILTY (Aged 32.)

Confined six months in the House of Correction , and fined Is.

Tried by the second Middlesex jury, before Mr. RECORDER.

Reference Number: t17970215-40

157. WILLIAM HICKES was indicted for feloniously stealing, on the 26th of January , thirteen pounds of mutton, value 8s. the property of William Wright .

WILLIAM WRIGHT sworn. - I am a butcher , I live at Edmonton ; I lost this mutton on the 26th of January, it was taken out of the shop, I did not see it taken, I don't know that any body saw him; I was coming from my farm just by my own dwelling house, a little before five in the afternoon; I met the prisoner with a haunch of mutton under his arm, about one hundred yards on this side of my shop; I asked him how do you fell mutton, not thinking it was mine; he said, I don't know; I took hold of the mutton, I said, "This is my haunch of mutton, you rascal, it is;" I took him by the collar to the shop, there, says I, you took it off this hook, and there hangs the fellow to it, they were both off one sheep; here is the haunch,(produces it); I had him then put into the cage.

Q. What did the prisoner say to this? - A. He said he bought it of a man with a blue coat; the haunch hung there in my shop about half an hour before I met him; I saw it before I went down to the farm; I am certain it is my haunch, there is no mark upon it, I know it by my cutting; I should know it if there were an hundred; I am positive it is mine.

Cross-examined by Mr. Gurney. Q. You say you know it to be your haunch of mutton by the cut? - A. Yes.

Q. I have no doubt of your being a skilful butcher, but may not any man cut it like you? - A. I cut it to my satisfaction, I know it is mine.

Q. That you say; but are you sure you are not mistaken? - A. I am sure.

Q. May not another man cut it like that? - A. I am sure it is mine.

Q. Answer my question? - A. I shall if I think it necessary.

Q. Whether you do or not, you shall answer it, - I ask you whether another man may not cut it like that? - A. I know it is mine.

Q. If you think that sort of answering will gain you credit you are mistaken. - Do you think another man may not cut it like that? - A. He may do it better.

Q. Don't you think another man may cut it like that? - A. He may.

Q. As far as that is cut another may be cut like it? - A. It may.

Q. You have no other marks to swear to it, for knowing it to be your haunch of mutton, than the manner in which you cut it? - A. Yes; it is the manner.

Q. There is no mark upon it? - A. It is my haunch of mutton.

Q. Answer my question? - A. I shall if it is reasonable.

Q. You don't swear that nobody cuts mutton like you? - A. I will not swear for any body else, I will swear for myself.

Q. I should like to know what you do swear to? - A. I will swear it is my mutton.

Q. But, Mr. Wright, all these are matters in which people may be mistaken with the best intention, but the Jury who are trying that man's guilt must judge of your knowledge; don't you think a man may cut mutton like that? - A. I don't believe there was another haunch of mutton within five miles of the place.

Q. I will not ask you another question after that answer? - A. If you do, I will swear it is my mutton.

JOHN HOLLIS sworn. - I keep a public-house, and am a constable at Edmonton: I know nothing more about this than that the prisoner had a black pudding and two pints of beer at my house, one while I was out, and another after I came home; he came to my house about half after one o'clock, and staid two hours; he left my house about half after three, or near four.

Q. Had he any mutton with him then? - A. No; I don't know what became of him when he left my house, I never saw him afterwards till he was in custody the next morning, when I took him before the Justice; I don't know what o'clock he was taken.

Q. How far do you live from Wright's? - A. About a quarter of a mile.

Prisoner's defence. I have a wife and four small children; I bought this mutton about a stone's throw from the public-house where this constable lives, by a wheeler's-shop, by one Mr. Coleman's nursery; I bought it of a man who had a long blue coat on.

The prisoner called two witnesses, who said, that while he worked for them they believed him to be an honest man.

GUILTY (Aged 28.)

Transported for seven years .

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

Reference Number: t17970215-41

158. WILLIAM BROWN was indicted for that he, on the 5th of September, 1796 , upon William Norman , an officer of Excise , being on shore in the due execution of his duty in seizing and securing, for our Lord the King, twenty gallons of foreign geneva, and a house and cart made use of in carrying the same, liable to be seized by him as such officer, unlawfully and violently did make an assault, and him the said William unlawfully and forcibly did hinder, oppose, and obstruct, against the form of the statute , &c.

Second Count. Charging him with the like offence omitting the seizure.

Third Count. Charging him with unlawfully and forcibly opposing and obstructing the said person.

(The case was opened by Mr. Knowlys.)

WILLIAM NORMAN sworn. - Examined by Mr. Knowlys. I am an Excise-officer.

Q. Were you so on the 5th of September, 1796? - A. Yes; I have been an Excise-officer about twelve years; I have known the prisoner about nine years, he is a publican at Poplar, at the sign of the Harrow. On Monday the 5th of September, 1796, about nine o'clock in the morning, I saw him opposite the London-Hospital, with another man, in a cart, driving very fast.

Court. Q. What kind of a cart? - A. An open chaise cart, painted mahogany colour, with some little rails at the back; it was not covered, it had a leather before; there was the name of William Newby , Poplar, Middlesex, on the cart; I followed them as fast as I could down Mile-End-road (I suspected it was loaded), as far as Butcher-row, Whitechapel, there it stopped against the shambles, then I saw Brown take out a basket with a half anker in it, and a man carried it into a butcher's shop, who that man was, I don't know; I was afraid to take any notice of it there, because of the butchers; then I went down to the corner of Houndsditch, and kept my eye on him all the time; when he came by me, I followed the cart again; he drove gently to Aldgate pump, and within a few doors on the right hand, the man got out, he stopped at Mr. Mitchell's, surrier, in Leadenhali-street; he came to the side of the cart, and Brown handed a sack out with a small cask, which appeared to be a half anker, and he carried it into Mitchell's; I saw a person then that I knew very well, of the name of John Stainer , I asked him to assist me; then I went up and laid

hold of the horse by the head, I said, "Mr. Brown, you know I am an Excise-officer, I shall seize the horse and cart for his Majesty's use;" he made no answer, but took up the whip and struck me about the head, and got my hat off; he still kept whipping me and the horse; and the other man, who took the cask into the shop, came out and laid hold of me by the collar, putting his knuckles into my shirt, endeavouring to choak me, and made me let go the cart, and the cart drove off a wilful gallop; as he went off I had an opportunity of seeing that there were a great many tubs in it; then I went to Mitchell's door, and insisted upon entrance, to get at the tub that was carried in; with a great deal of trouble, and pushing the man who obstructed me a great deal, and with the assistance of some gentlemen, I got in; when I got in, I saw the sack lying by the side of the counter, an a tub of gin in it, in the same form that I saw it carried in.

Q. Were you on foot or horseback yourself? - A. On foot.

Q. Is this the usual conveyance for smuggled liquors? - A. Yes; the same sort of cask, a half anker.

Q. They are prohibited carrying it so? - A. Yes.

Cross-examined by Mr. Const. Q. You knew the defendant very well? - A. Yes.

Q. You have tried your hand with this sort of work before with him? - A. Yes.

Q. There you were not believed? - A. I could not help that.

Q. You gave the evidence then as you do now, but met with no credit, though you were supported by another officer? - A. I was not supported by any officer.

Q. You have been unfortunate in not including him, but you were determined to do this man, if you had an opportunity? - A. I was determined to do smugglers.

Q. But you remember the words, "if I have an opportunity, I will do him"? - A. I remember saying, d-n him, if I catch hold of him, I will do him.

Q. I did not expect you would own it, you surprise me by owning it-this interview took place at Mile-end? - A. Yes.

Q. This very fast horse and cart you speak of, you were able to keep company with it, and got to Whitechapel before it? - A. No; I was behind it, about seventy yards.

Q. But you went the same pace with this horse? - A. Yes.

Q. This was about nine o'clock in the morning? - A. Yes.

Q. The public were passing and re-passing, during this transaction? - A. Yes.

Q. This was market day? - A. I don't know.

Q. Was it hay-market day? - A. I will not venture to swear that.

Q. You took notice of all this, and yet will not swear whether it was market day or not? - A. I kept my eye upon him, to see whether he was going into the inn-yard.

Q. You must know whether Monday is haymarket day, or not? - A. I don't understand it.

Q. You must know whether it is so, or not? - A. No.

Q. You kept your eye upon this cart, though you were seventy yards behind? - A. Seventy yards off is a very little way, it is only a gun shot.

Q. In point of fact, do you know whether carts stand in the street, or not? - A. No; they don't stop the gang way.

Q. The reason of your not taking him, was the butchers being there? - A. Yes.

Q. It did not occur to you to get any body for your assistance, even when you saw the butchers? - A. No.

Q. Did you know which way the cart was going, by your going to Houndsditch? - A. I was not far from the cart; I thought he was going into one of the inns.

Q. He went off a wilful gallop? - A. Not when I followed him.

Q. He was in the cart, and you at the horse's head? - A. Yes, at Mitchell's door.

Q. At the distance of his being in the cart, and you at the head of the horse, he whipt you? - A. Yes; that I will swear to.

Q. Then it must be with the lash of the whip, and therefore you were not much hurt with that? - A. Yes, I was, if you had twenty or thirty strokes across the face, you would not like it.

No, I should not. - Q. You stood near enough to be whipt, to prevent the horse getting away? - A. I stood near to him, to keep him from running away; I did not stand before the horses' head, because that is not the way to hold a horse.

Q. This other man that pommelled you so, you have not indicted? - A. No; I have not seen him.

Q. He assaulted you in going into the house? - A. Yes; till some gentlemen assisted me in getting into the house.

Q. It was the same cask you saw taken into the house you will swear? - A. Yes.

Q. And though it was in a sack, you will swear to it? - A. Yes; I saw it through the window.

Q. Perhaps you might break the window, and look in? - A. I pushed it and broke it, I did not go to break the glass.

Mr. Knowlys. Q. Do you know the other man, or his name, or can you swear to him? - A. I believe I shall find him out.

Q. You have not indicted him here? - A. No.

Court. Q. You are positive to this man? - A. Yes; I have seen him frequently since the last time he had a trial.

Q. What hat had he on? - A. A round hat and light coloured coat.

Q. When he passed you, he was by the Hospital, going quick? - A. Yes, a trot.

Q. That is half a mile from the butchers' shambles? - A. Yes.

Q. You were behind him then, and when he got to Whitechapel, you got up to him? - A. Yes.

Q. Did you see his face then? - A. Yes, I did.

Q. From there it is not a great distance to Houndsditch? - A. About one hundred yards; when he came by me there, I had an opportunity of seeing his face again.

Q. How long, when you had the horse by the head, and endeavoured to stop him, did you see his face then? - A. About three minutes; I told him, Brown, you know I am an officer.

Q. How many tubs were there in the cart? - A. About ten or twelve.

Q. In this sack could you see the tub, or did there seem to be a small tub in it? - A. I saw the sack, and there appeared to be a small keg in it.

JOHN STAINER sworn. - I am a brewer's servant.

Q. To whom? - A. To Mr. Charington; Norman is his surveyor, I have known him these seven or eight years; On the 5th of September last, I was going to town with a load of beer, near Aldgate-Church, my fore-horse had liked to run over Norman; I saw a cart stop at Mr. Mitchell's, near Aldgate; when it stopped, I saw a man go in with a sack, which was handed out of the cart by another man.

Court. Q. Did any thing appear to be in the sack? - A. I was so far off, I could not tell; Norman directly went up, and laid hold of the horse by the head, then the whip went to work.

Q. Who began to whip? - A. The man in the cart; he whipped the horse, and Norman to disengage himself and get away, which he did; then he attempted to go back down Whitechapel, but I crossed the street with my horses, to prevent him, and he turned back again; the man that went into Mitchell's, I did not observe again.

Q. Did you observe the man in the cart, so as to know him again? - A. I cannot swear that is the man. For the Prisoner.

THOMAS FRENCH sworn. - Examined by Mr. Knapp. Q. You are a farmer? - A. Yes, at Foppin, in Essex, near Horndon; I have known the prisoner at the bar ten or a dozen years.

Q. Do you remember Barnet fair? - A. Yes; on the 5th of September.

Q. Are you sure as to the day? - A. Yes; because I came up on the Sunday, the 4th of September, to the prisoner's house, about five in the afternoon; I staid there that evening, and slept there; the next morning I went with him to Barnet; we sat off about six o'clock in a cart, and arrived at Barnet between eight and nine.

Court. Q. What kind of a cart? - A. A kind of an open chaise-cart, painted blue; I believe it was Mr. Brown's.

Mr. Knapp. Q. When you got there, how long did you stay in company with Brown? - A. It might be about half an hour; I left him about ten o'clock.

Q. How long did you continue in company with him the next time? - A. I saw him in the fair several different times, and came home with him again that night.

Q. Were you ever absent from him at any time that day for more than half an hour? - A. Not more than that.

Q. You are sure you saw him at various times that day? - A. Yes, several times.

Cross-examined by Mr. Knowlys. Q. This house of your's is near the river? - A. Not a great way from it.

Q. What time of the morning did you set off from this man's house? - A. As near as I can guess, about six o'clock, or between six and seven.

Q. You carry a watch with you? - A. Yes, I generally do.

Q. Did you look at your watch, or the clock? - A. I did look at the clock; I cannot say for a minute or two.

Q. If you looked at the clock, you could tell what hour it was, but you say you guessed it; that is a little unfortunate, I think? - A. I might go by guess work, but I do'nt go by guess work now; it was just after six by the clock.

Q. Then you don't go by guess, but by the clock? - A. I will swear it went six before I went out of the house, and I was out before it went seven.

Q. You did not look at the clock to observe particularly? - A. No.

Q. Which way did you go? - A. Down Bow-lane, by Hackney.

Q. That you are sure of? - A. Yes; Mr. Brown knew that way; he said that was the nighest way to go.

Q. Where did you go to next? - A. To the best of my recollection, I believe it was Highgate.

Q. What kind of horse had you? - A. A bay horse.

Q. Was it a good horse? - A. Yes, the horse went very well.

Q. Do you keep a cart yourself? - A. Yes.

Q. How did you come to Mr. Brown's? - A. On horseback.

Q. Then you left your horse at Brown's, and went to Barnet in this cart? - A. Yes.

Q. Are you sure nobody was in the cart but yourself and Brown? - A. Yes.

Q. Who did this cart belong to? - A. I cannot say.

Q. You don't know whether Brown kept a cart or not? - A. I cannot say.

Q. How long have you been acquainted with Brown? - A. Ten or a dozen years.

Q. Has he been intimate with you? - A. I have had dealings with him for teas and sugars.

Q. I thought he kept a public-house? - A. He kept a shop before.

Q. Have you had any dealings with him for liquor? - A. Yes, since he kept a public-house.

Q. Cannot you tell us whose cart this was? - A. I cannot.

Q. You never saw the name upon it? - A. If I did, I could not read it, I cannot read.

Q. Do you understand letters? - A. I cannot make them out.

Q. You don't understand letters or figures? - A. No, I do not.

Q. Tell those gentlemen then how you found out what o'clock it was? - A. I heard it strike.

Q. That was the way you knew what o'clock it was? - A. I must know by that.

Q. Was that the only way? - A. I could know by that.

Q. Then you understand that way? - A. I was always taught that from my first bringing up.

Q. Then you don't understand letters or figures? - A. I cannot cast any sum up; I know a figure of three from a figure of four.

Q. Can you make a figure? - A. Yes, I can make a figure.

Q. So I see you can-you heard the clock strike? - A. Yes, before I left the house on the 5th.

Q. You carry a watch? - A. Yes, I did at that time.

Q. Had not you the curiosity to look at your watch? - A. No.

Q. Why did you look at the clock when you had a watch in your pocket? - A. The clock was in the room; at the time it was striking, it caused me to look at it.

Q. That was your reason for looking at it? - A. Yes, as I was for being off about my business.

Q. Did you look at it before six? - A. Yes.

Q. And when it was striking? - A. Yes.

Q. Have you got your watch now? - A. Yes.

Q. What time did you get to Barnet? - A. It was near nine, as I can judge.

Q. How do you judge that? - A. We went a pretty goodish pace for about eight or nine miles; my friend told me if we went about seven miles an hour, we should get there in two hours.

Q. Is that your only reason for thinking it was nine o'clock? - A. I did not look at my watch then.

Q. Is that your only reason for thinking it was nine o'clock? - A. That is not; I looked at my watch when I saw another person I knew in the fair, before ten, a man of the name of Brookes.

Q. That you are sure of? - A. Yes.

Q. When did you look at your watch? - A. Between nine and ten.

Q. Did you make any remarks to Brookes what the hour was? - A. No.

Q. What makes you remember that circumstance of looking at your watch between nine and ten? - A. To see how long I was coming that morning.

Q. That you would have known by looking at your watch when you got to Barnet? - A. I did not look at it directly when I got to Barnet.

Q. What time did you look at your watch on the 6th of September? - A. I cannot tell; I seldom miss a day without looking at it.

Q. Had you any conversation with Brookes? - A. I drank with him at a public-house close to the fair.

Q. At whose house? - A. I cannot say.

Q. Do you know the landlord's name? - A. No.

Q. Is he here? - A. I don't know.

Q. What had you in the cart that day? - A. Brown, myself, and two great coats.

Q. Does Brown keep a horse? - A. Yes, that was his horse.

Q. Did you take home any thing? - A. No, neither of us, as I saw.

Mr. Knapp. Q. I believe you are a considerable farmer at Foppin? - A. Yes, a freeholder.

Q. You frequently happen to look at your watch, though you cannot read? - A. Yes, I do.

Q. What sign did you put your horse up at? - A. The Red Lion.

Court. Q. Who dined with you that day? - A. Brown.

Q. Nobody else? - A. No.

Q. Not Brookes? - A. No.

Q. You only drank with Brookes? - A. Only one pot of ale; he was after his business, and I after mine.

Q. Are you sure you only dined with Brown? - A. I only dined with him off a piece of cold beef at this house, and came home and supped.

Q. What makes you recollect it was the 5th of September? - A. By going to the fair, and coming up on the Sunday.

Q. Barnet fair lasts more than one day? - A. Yes, I believe so; I was only there the first day.

WILLIAM BROOKES sworn. - Examined by Mr. Const. I am a publican, at Tilbury, in Essex.

Q. Were you at Barnet fair? - A. Yes; on Monday, the 5th of September.

Q. Do you know Brown? - A. Yes, very well; I saw him that day close by the fair, with French.

Q. You knew French? - A. Yes.

Q. Are you sure you saw him there? - A. Yes.

Q. What time? - A. I cannot tell the time.

Q. Are you sure you saw him before ten o'clock? - A. Yes, before nine, or about nine.

Q. Did you see him more than once that day? - A. Yes, three or four times in the course of the day.

Q. Where did you go from yourself? - A. The Blue-boar, Whitechapel; I went with my brother.

Q. Is he here? - A. No.

Q. You have no doubt about seeing him there? - A. No.

Q. The cattle fair is but one day? - A. I believe not.

Cross-examined by Mr. Knowlys. Q. Does the fair last longer than Monday? - A. There is a fair on the second day, but not much.

Q. You have known Brown some time? - A. Yes.

Q. Are there any servants in his house? - A. I don't know, I was never at Brown's house till this day week.

Q. Is he a married man? - A. Yes.

Q. Has he any pot-boy? - A. He keeps a servant.

Q. This might be as early as eight for what you know? - A. No.

Q. Are you quite sure it was not as early as eight? - A. Yes.

Q. How came you to say it was half past eight? - A. I said it was not nine.

Q. Are you sure it was not so early as eight? - A. I am sure it was earlier than nine.

Q. When were you applied to, to say it was not nine? - A. Brown came to me, and asked me to tell him when he was at Barnet, he said, he should be under the necessary to subpoena me on a trial, he said, do you recollect seeing me at Barnet.

Q. You never talked about the time at all? - A. No.

Court. Q. What are you? - A. A publican, and dealer in stock.

Q. Cattle, I suppose? - A. Yes.

Q. You have been at this fair before? - A. No.

Q. How long does the fair last? - A. I don't know when it begins.

Q. Cannot you tell when it begins? - A. Not to an hour.

Q. Don't you know whether it began at eight o'clock? - A. Cattle might be brought in at six, but business is not done till eight or nine o'clock.

Q. When does it leave off? - A. Not till dark.

Q. When did you leave the place? - A. About two o'clock in the afternoon.

Q. How do you recollect so well the time this man came there? - A. I recollect it, because the clock struck six as I mounted; I thought, by the pace I rode it might be about eight when I got there.

Q. You went on horse-back? - A. Yes.

Q. Where did you put up your horse at Whitechapel? - A. The Blue-boar.

Q. Which way did you go? - A. I cannot recollect the places, as I was never through there before; I recollect going over a large Common, where was a great many trees, Finchley-Common, I believe.

Q. Were you overtaken on the road by any body? - A. A great many passed me.

Q. Did Brown overtake you? - A. No.

Q. Was it after six at Whitechapel? - A. It struck six when I mounted my horse.

Q. How long were you riding it? - A. I might be two hours as near as I can guess; I did not hurry.

Q. You had your breakfast there? - A. Yes; just going into the fair, I saw Brown and French come out of a cart; Brown and I had a pot of beer.

Q. How long had you been there then? - A. About half an hour; I cannot tell to a few minutes.

Q. You rode a pretty good pace? - A. No, not a good pace.

Q. How many miles is it? - A. Twelve or thirteen miles.

Q. Are you sure it is not more? - A. I cannot tell to a mile.

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

Q. Is he a publican? - A. No, a farmer.

Q. You knew they were to be there? - A. No.

Q. It was quite accidental that you met them? - A. Yes.

Q. Where is your brother? - A. At home.

Q. Why is not he here? - A. I don't know that he knows Brown.

Q. You took notice of the chaise? - A. I took notice that they were in a light cart.

Q. Whose name was upon it? - A. I cannot tell.

GUILTY .

Confined one year in the House of Correction, and kept to hard labour .

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

Reference Number: t17970215-42

159. JOHN HICKEY was indicted for feloniously stealing, on the 12th of January , a plough plane, value 8s. the property of Peter Earl ; a tenon saw, value 5s. and a hand saw, value 5s. the property of William Teddon .

PETER EARL sworn. - On the 12th of January.

I lost a plough plane, worth 8s. from No. 15, Bedford-row ; the prisoner was stopped with it at the pawn-brokers, at the end of Oxford-road, this is it. (Producing it.)

JOSEPH FELLOWS sworn. - I am a pawn-broker; the prisoner brought this plane to me on the 14th of January, this is the same plough that the prisoner brought to me.

Earl. This is my plane, it is marked P.A. on the side.

WILLIAM TEDDON sworn. - I lost two saws, a tenon-saw and a hand-saw, at the same time, I have not been able to find them.

ELEANOR PULLEN sworn. - On the 12th of January, the prisoner at the bar came to No.15, Bedford-row, Mrs. Panton's house, where these carpenters were at work, he knocked at the door, and enquired for the carpenter, meaning William Teddon; I told him, the carpenters were away, and he said he was to wait for them; he came into the house, and in a few minutes, I thought I heard him upon the stairs, and I heard the door go, I was sitting in my room, and I immediately went to the door and saw the prisoner going out with his coat lapped over before him, as if he had got something under his coat; be went away, and I did not see any more of him.

Prisoner's defence. I never was in the house, nor never saw the plane.

Guilty .

Transported for seven years .

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

Reference Number: t17970215-43

160. ISAAC SIMMONDS, otherwise BULL , was indicted for making an assault in the King's highway upon Bartholomew Hyatt , on the 4th of January , and putting him in fear, and taking from his person one leather pocket-book, value 1d. the property of the said Bartholomew; one bank note, value 20l. and another bank note, value 10l. the property of John Stanton .(The witnesses were examined apart, at the request of the prisoner).

BARTHOLOMEW HYATT sworn. - Q. What are you? - A. I was formerly a bookseller; I now pay bills and bring in cash to Mr. Stanton.

Q. What is he? - A. Keeper of the White Hart inn , St. John's-street, Smithfield: On the 4th of January I went with two country bank bills to get cash, one on Mr. Hoare for 10l. and one on Mr. Hankey for 20l. I went and got the 10l. of Mr. Hoare, and in going to Mr. Hankey's, No. 7, Fenchurch-street , for the 20l. close to Mr. Hankey's door -

Q. What time of the day? - A. As near as possible half past four; before I went into the house, there was a tall man, about five feet ten inches hight, just by the door; he went this way and that way, and would not let me get me past; the prisoner was behind me, and seemed to push me on; I observed them, but did not conceive they had any intention to do any thing at that time; I got into the shop.

Q. Are you sure you observed the prisoner at that time? - A. Yes, I did observe him and another; I went into the shop, and got a bank note for the country bank bill.

Q. What was the value of it? - A. Twenty pounds; I put it into a leather pocket-book in my waistcoat pocket, with my coat open.

Q.Had you any other bank notes? - A. One more, that I got at Mr. Hoare's, in Birchin-lane.

Q. Who did it belong to? - A. They were both the property of Mr. Stanton; I was going to pay money to another banker for Mr. Stanton, to take up a bill of his that was due; when I came out again, and was going towards Gracechurch-street, the same people that jostled me before came and shoved me against the wall, and they frightened me; I thought they had a design to rob me; I was going to cross Gracechurch-street, just close to the church.

Q. What did they do? - A. They shoved me against the wall; I said, "what, do you mean to rob me?" and in two minutes the book was taken out of my pocket; I caught hold of one of them, I believe it was the tall one, but I was so frightened then I could hardly tell; he got away from me; I cried out that they had robbed me, stop thief; they ran away and knocked down a woman, I followed them, and this man ran as fast as the other; I was nearst to the tall man, but being old and seeble could not catch him; the young gentleman in the banking-house laid hold of this one and caught him.

Q. What is that young gentleman's name? - A. Woodward.

Q. Look at the prisoner; are you sure he was one of those that hustled you? - A. Yes, he was one of those that hustled me, and pushed me against the wall.

Q. Was he one of those that saw you go into the banker's? - A. He was.

Q. He was behind you when you went into the banker's? - A. He was; when I got to the door, that same young gentleman and I went in together; we took the prisoner into custody, and gave him to the patrole, who has since hung himself in his house.

Q. Did you hear the prisoner say any thing? - A. No, I did not.

Cross-examined by Mr. Knowlys. Q. You speak very positively to the face of the man? - A. Yes.

Q. This was half past four o'clock? - A. Near abouts.

Q. It was not day-light? - A. It was not dark.

Q. I should think it was, when the sun sets at five minutes before four? - A. It was not; I have no money to employ counsel.

Court. That makes no difference.

Mr. Knowlys. Q. It is my duty to take care of the prisoner - I ask you whether it was not dusk at that time? - A. It was not dark, it is always dusk at that time of the year.

Q. It is always dusk at that time of the year? - A. It is sometimes.

Q. Then was it dusk or not at that time? - A. No; I could see every face.

Q. Was it dusk or not, then? - A. It was not sun-shine, I don't know what you call dusk.

Q. Was it as light as it is now? - A. No.

Q. You wear spectacles? - A. Only when I read or write.

Q. This person, which you took to be the prisoner at the Brown-bear, was behind you? - A. Yes.

Q. How long had you an opportunity of seeing this person before you went to the banker's? - A. Not a minute.

Q. When you first came out, where did you first see the person whom you thought to be the prisoner? - A. Near the church.

Q. That is some way from the banker's? - A. It is two or three doors.

One of the Jury. It is about five doors.

Q. The person, whoever he was, that was taken into custody, escaped from the patrol and constable? - A. Yes.

Q. It was not till the 28th of January that you saw the prisoner at the bar? - A. No; I saw him the first time after at Bow-street.

Q. Have you never said that you should not know the man if you were to see him again? - A. No.

Q. You never saw the man before you got to Bow-street, and did not know him? - A. I was in at Carpmeal's, my back was towards the door, and Mr. Woodward, the gentleman who took the prisoner, was there, some people came to the door, and I never turned my back; as soon as they were gone, he said, "What business has that man at liberty?"

Q. Upon your oath did not Woodward say, that man in the brown coat is the man? - A. He said, how came that man at liberty? I said, what man? he said, that is he; I did not see any one, my back was to him, there was no window in the room.

Q. I ask you, whether the prisoner did not say, that you held such a conversation with Woodward, and you denied it before the Magistrate? - A. No, I did not; because; as soon as he came into the Brown bear, I said, that is the man.

Q. At Bow-street, did you not deny, that you had any such conversation with Woodward? - A. Not that I know of.

Q. Were you not told that you saw him, and did not know him? - A. No.

Q. Do you mean to say, that he did not say to you, that was the man in the brown coat? - A. He said,"what business has that man at liberty."

Q. Do you mean to say, you told Woodward you did not see him? - A. I do.

Q. That you will swear? - A. Yes.

Q. Did not you tell Woodward, when he said, that was the prisoner at Carpmeal's, that you did not see him? - A. I am not certain; this I am clear of, that I did not see him.

Q. Did not you say so to Woodward? - A. I am not sure that I did not say so.

Q. I ask you, whether you did not say at Bow-street, that you did not see him at the Brown Bear? - A. The Justice asked him what he had to say, he said,"I never saw the man in my life; he said directly, "you wear spectcles," how could he say so if he never saw me?

Court. Q. Who said so? - A. The prisoner.

Mr. Knowlys. Q. I ask you, how near he was to you at Carpmeal's? - A. Just as much as he is now.

Q. Was not he closer then he is now? - A. I don't know.

Q. Do you mean to say, that he was half the distance from you he is now? - A. I cannot tell the distance from here to the bar.

Q. You can judge by your eye-do you mean to say he was a quarter of the distance from you that he is now? - A. I cannot tell whether he was half or quarter of that distance, or not; I cannot say.

Prisoner. Whether when I came into Carpmeal's, he was not sitting behind the door close up to the table; Woodward said, that is the man I had in charge; Mr. Hyatt never gave charge of me; I went into the house twenty days after he gave charge of me; I came into the room, and as soon as I saw Woodward, I knew him, because he was with me an hour, the same night of the robbery; he said, "that was the man in the brown coat, that is the man they call lkey Bull, how is it that man is at liberty?"

Witness. I did not see you at Carpmeal's my back was towards the door.

SAMUEL WATERFORD WOODWARD sworn.

Q. Are you clerk to Messrs. Hankey? - A. No; to Neck and Woodward; my father is in the timber trade.

Q. (To Hyatt). You said the young gentleman went into the banking-house with you? - A. Yes.

Q. Then you came out with him? - A. No; I came out first.

Woodward. It was so, my Lord.

Q.(To Woodward). How long after Hyatt came out, did you come out? - A. About two or three minutes.

Q. Where did you first see Hyatt, after you came out? - A. The corner of Fenchurch-street, at the top, towards Gracechurch-street, in the middle of the road.

Q. What did you see of him then? - A. He appeared to be expostulating with two men; one was the prisoner at the bar, the same side of the way with me.

Q. Are you sure the prisoner at the bar was one? - A. Yes.

Q. What was he doing to them? - A. I cannot he clear; in about half a minute, he said, stop thief, immediately both the men took to their heels; I stopped the prisoner at the bar, whom I secured.

Q. Are you sure the person you secured was the prisoner? - A. Yes; because I had him in my custody, with a candle, about half an hour, in Lombard-street, where hair-powder certificates are delivered out.

Q. Are you sure he is the same man that was expostulating with Hyatt? - A. There were other people on the pavement; he ran away immediately, and cried out, for God's sake, stop thief.

Q. What did you do with him after you took him to this house? - A. I waited with him for an hour; I was told it would be better to deliver him to the constable and patrole, which I did, who has been so unfortunate as to make away with himself since; I caught hold of him, and am positive it was the same man; he got away from the constable and patrole afterwards.

Q. You saw him afterwards at Bow-street? - A. Yes.

Q. How long after? - A. I am not positive, but I was so long with him that night by the light of the candle, that I am positive he is the same person I secured.

Cross-examined by Mr. Knowlys. Q. The prisoner at the bar was the man standing on the pavement with a number of other people? - A. Yes.

Q. The prosecutor was in the middle of the street close by another by another man? - A. I observed him alone.

Q. The other man was on the opposite side of the way? - A. Yes.

Q. I think you say at this time, you recollect his person, because he was in a shop with a candle? - A. Yes.

Q. At that time was it not dusk? - A. Yes; and to be more particular of that, I have enquired of Mr. Hankey's clerks since, and they said it was dusk.

Q. Therefore, unless you had seen him with candle, you would not have spoken so positively to him? - A. No.

Q. When this man was taken up, you went to Carpmeal's with Hyatt? - A. Yes.

Q. Was the prisoner brought into Carpmeal's, while you were there? - A. Yes.

Court. Q. Where is Carpmeal's house? - A. The corner of Bow-street.

Mr. Knowlys. Q. He was close to you? - A. As near as I am to these books.

Q. Did any conversation pass between Hyatt and you when the prisoner was brought in? - A. I remarked to Hyatt, I was surprized the prisoner was at liberty.

Q. How near was the prisoner to you at the time of this remark? - A. As near as those books; I cannot swear, because I did not notice.

Q. But as nigh as you can guess, he was as near as those books? - A. Yes.

Q. What was Hyatt's answer to that remark? - A. He enquired "Which?" ( I don't recollect whether he said, "which is the prisoner"? or"which?").

Q. Did you make any answer when he asked you that? - A. I don't remember that I made any answer.

Q. But the prisoner was as near as you state? - A. I believe he was.

Q. Do you remember any thing about the coloured coat the prisoner had on at Carpmeal's house? - A. I don't remember.

Q. Do you think he could avoid seeing him at that time? - A. No, truly I do not.

Q. How long did the prosecutor stay there? - A. A good while; I think Hyatt was standing by the fire-place, with his arm upon the mantle-piece, exactly in this way; I believe I was standing as this may be, (describing it); and the prisoner as near as those books; but my face was near the chimney glass.

Court. Q. Was Hyatt's face or back to him? - A. I cannot say.

Mr. Knowlys. Q. I don't know whether you heard, before the Magistrate, Hyatt deny having any such conversation with you? - A. I declare I think Hyatt denied having any such conversation.

THOMAS WOOD sworn. - I am constable of Langbourn Ward. On the day that the robbery was committed, about five o'clock in the evening, I was sent for to the office where they take out licences for hair-powder, there was the prisoner, and the last witness, Woodward, and he gave me charge of the person he saw concerned in the robbery in Fenchurch-street.

Q. Are you sure the prisoner is the man he gave you charge of? - A. Yes, I am sure of that; I was conveying him from thence to the Poultry Compter, and as we came nere Walbrook, he broke from

my arm and ran away, and I never saw any thing of him till the 28th of January, at the Police-office, at Bow-street.

Prisoner. Q. The person you searched, you did not find any thing upon, no Bank-notes? - A. I found eight duplicates, and returned them to him at the Police-office, at Bow-street; I searched him to his shirt.

JOHN TOWNSEND sworn. - I am a Police-officer: I know nothing of the robbery, but apprehending the prisoner in St. Paul's Church-yard, we brought him to Bow-street, and this charge was exhibited against him.

Q. Do you know any thing about the duplicates? - A. No; I was never present at any examinations, but my brother officer is in Court, and he can inform your Lordship of any thing of that sort.

JOHN RIVETT sworn. - Q. Were you present at the searching of the prisoner? - A. No; I was present when the constable produced the duplicate; and it was the order of the Magistrate that they should he returned to him.

Prisoner's defence. I am as innocent as the child unborn; I was coming up from Billingsgate, and going towards the corner of Fenchurch-street, I saw Hyatt quarrelling with some men in the road, I stood on the pavement, I saw them fighting; when the men run away, he cried stop thief; I said, stop him, stop him; a person caught hold of me; I said, you are wrong, I am not the man; he kept me for an hour, and waited for a man to take charge of me; I was searched and nothing found upon me; the patrol would not take charge, and let me go about my business, he said it was only suspicion, and he went home, and threatened several times to make away with himself; I heard this morning that the bill was thrown out, and I have no witnesses here now.

Guilty Death . (Aged 32.)

Tried by the London Jury, before Mr. Justice Rooke.

Reference Number: t17970215-44

161. HENRY WILLIAMS was indicted for feloniously stealing, on the 20th of January , a linen neck handkerchief, value 4d. and seven shillings and sixpence in money , the property of John Dupier .

It appeared in evidence that the prosecutrix had been robbed by some person, but not being able to swear to the prisoner, he was found

NOT GUILTY .

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

Reference Number: t17970215-45

162. JOHN PURDY , otherwise PILKINGTON , was indicted for feloniously stealing, on the 18th of January , thirty pounds of raw sugar, value 15s. the property of William Mashiter George Byng , Edward Jansen , and Thomas Platt .

Second Count. Laying it to be the property of persons unknown.

The prosecutors not being able to identify the sugar as coming from their wharf, the Jury gave their verdict.

NOT GUILTY .

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

Reference Number: t17970215-46

163. WILLIAM WINKLIN was indicted for an unnatural crime ; but the evidence on the trial being extremely indecent, the Court ordered the publication of it to be suppressed.

GUILTY Death .

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

Reference Number: t17970215-47

164. THOMAS RAYNER and JOHN LEONARD was indicted for feloniously stealing, on the 18th of January , two dead fowls, value 5s. the property of JOhn Davis .

There being no evidence to affect the prisoners except the confession of one of them, extorted under a threat, the Jury found the prisoners

Both NOT GUILTY .

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

Reference Number: t17970215-48

165. TIMOTHY SULLIVAN was indicted for feloniously stealing, on the 11th of Febraury , a hammercloth, value 3l. 3s. the property of Jane Mayfair .

- MILLER sworn. - I am coachman to Miss Mayfair: I lost this hammercloth out of Percy Mews, Rathbone-place ; I locked up the coach-house doors, with a padlock, between five and six in the evening of the 11th of Februry; I found the padlock off the door about half past twelve, when I came out of the house, and was coming to bed; the padlock was taken away, and the hammercloth gone, some of the strings were cut, and some untied; the watchman stopped him about one o'clock.

PATRICK M'CARTY sworn. - I am a watchman of St.Giles's: I got this hammer cloth (producing it) of the prisoner; I was calling one o'clock on Sunday morning, the 12th of this month, and I met the prisoner and two men, the prisoner had a bag upon his shoulder, and I asked him what he had there, he told me his master's clothes; I asked him from whence he brought them; and he told me, from the White-horse in Oxford-road; I asked him how far he was for carrying them; he said, to Great Queen-street, to the Sugar-loaf; I went along and said no more till we came to Drury-lane; in

the way to the watch-house the other two men went away, they had nothing upon them that I could see; when I came to Drury-lane, I asked him to come to the watch-house with me; he told me that he would not, but I might go with him to his master's in Great Queen-street, at the Sugarloaf; I told him my duty would not let me go there, and he must be good enough to walk with me to the officer of the night, to tell what he had in that bag; he said, he would not, and I brought him by force there; I opened the bag bag by force at the watch-house, and found that this hammer-cloth was in it.

Prisoner. I went with him very quietly? - A. He did, he said, he would not, and I gave him a couple of shoves, and took him by the breast, and then he said he would go very quietly.

Miller. I know this to be my misterss's Property.

VALENTINE RUMLEY sworn. - I am a watchhouse-keeper, he said, he had brought it from the White-horse, and was taking it to the Sugar-loaf; I made it my business to go to both of these places and the landlord and landlady at the White-horse, said, they had not seen any such man.

Prisoner's defence. I was drinking very late, one George Thompson asked me to carry it to Queen-street, to the White-horse, and having had a drop more liquor than I should, I took it; I have sent to his lodgings several times, but I cannot find him.

GUILTY .

Transported for seven years .

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

Reference Number: t17970215-49

166. WILLIAM GORE was indicted for feloniously stealing, on the 12th of Februry , thirty-seven pounds weight of sheet lead, value 3s. the property of persons unknown.

PATRICK M'CARTY sworn. - I stopped the prisoner in Crown-court, St. Giles's, between nine and ten o'clock at night, with this lead rolled up in an old apron.

Q. Whose property is it? - A. I don't know.

Court. Gentlemen, you must acquit the prisoner, there is no proof of the property being in any body, it may be his own for any thing we know.

NOT GUILTY .

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

Reference Number: t17970215-50

167. ELIZABETH PAINE was indicted for feloniously stealing, on the 2d of October , six guineas and an half, the monies of James Francis , in his dwelling-house .

JAMES FRANCIS sworn. - I am a shoe maker , at No.139, Goswell-street ; the prisoner was apprentice to me, she is turned of eighteen; I lost six guineas and an half on Sunday the 2d of October; I went out about a quarter before eleven, and returned about a quarter past twelve, I had been to a place of worship; when I returned, the prisoner at the bar was gone away, and had taken her clothes; I was informed she was gone; I asked my wife for the key of our room to see if the money was there, I opened the drawer where the money was, and the box was gone, and the money that was in it, it was in a round barrel box; the door was locked, but on the other side of the room, there were folding doors, that went alongside the bed, and how they came unbolted, I cannot tell; it appeared, from the circumstances of the flew and dust under the bedstead, that she went under the bedstead to get to it; she has lived with me about five years and an half, and has left me seven times in the course of that time; when I found her, I asked her what she had done with the money she had taken? and she said she had spent it.

Q. Did you tell her what money? - A. No; what I said to her, was, what did you do with the money that you took away? spent it, she said.

Q. Was the drawer open or locked? - A. It was not locked, she has robbed me several times before.

SARAH FRANCIS sworn. - I staid at home to dress dinner, and I desired her to clean herself, and she went up stairs, and I heard a great rumbling, which was her opening the folding-doors, I suppose, but I thought she was moving the chairs, and in about five or six minutes, she did as I bid her, clean herself.

Q. Perhaps you do not exactly know her age? - A. I should think she was upwards of eighteen.

Q. You are not sure of it, I suppose? - A. No, we are not sure; she took her clothes away, my husband opened the door, and came in, and said, she had taken six guineas and an half, we tried all that we could to find her.

WILLIAM TUTT sworn. - I took her up to Hatton Garden office, and I asked her, how she could do so, to rob her master when he had been so good as to receive her before; I asked her how much she took, and she said, she took six guineas and an half; she has been at Mr. Aris's for a year pretty near, out of the last two years; I believe she is a little silly as well as rogish; she told me she was very fond of being at the House of Correction.(The prisoner did not say any thing in her defence.)

GUILTY of stealing, but not in the dwelling-house .

Confined six months in the House of Correction , and fined 1s.

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

Reference Number: t17970215-51

168. JOHN JONES and HUGH DEALY were indicted for breaking and entering the dwelling-house of Elizabeth Dunton , widow , about the hour of seven in the night, of the 17th of December , with intent to steal the goods, and burglariously stealing a feather-bed, value 30s. a stock bolster, value 2s. two pillows, value 4s. four pillowcases, value 6d. and two woollen blankets, value 2s. the property of Richard Gray , the said Elizabeth Dunton and others, in the said house then being .

RICHARD GRAY sworn. - I am a coach-maker , I live in Great Peter-street, Westminster , I lodge with Mrs. Dunton, I have lodged with her six months: On Saturday the 17th of December, about seven o'clock in the evening, I stepped out to a public-house, a few doors off, to meet a friend, it was a dark night.

Q. Is the room up stairs, or on the ground-floor? - A. Upon the ground-floor, it is a back-room; before I went out of the house, I double locked the door, and put the key in my breeches pocket; I was out about half an hour, or three quarters of an hour; when I returned, I found my room door broke open, the lock was forced, and some of the screws were loose.

Q. Were there any other lodgers besides in the house? - A. There are some who lodge up stairs, but not in that part; there is a passage door in New Peter-street, that comes into this room only, that I rent, none of the other lodgers, nor even Mrs. Dunton, enter that door, but myself, the common door of the house opens into Great Peter-street; when I came into my room with my lighted candle, which I brought from the public-house, I found my bed, pillows, bolster, and blankets gone.

Q. Are you sure they were in your room when you went out? - A. Yes; on the Tuesday following, I went before the Justice, and by his desire, the watchman or constable from the Public-office, returned all my thing except the pillows, the same evening; the pillows the constable has to produce here, which I can swear to.

WILLIAM SHEDLOCK sworn. - On Saturday evening, the 17th of December, about a little before seven o'clock, I was coming down New Peter-street, towards Mrs. Dunton's, and saw Hugh Dealy go into the passage of Mrs. Dunton's house; about half an hour afterwards, I heard, that the man that lodged there was robbed.

Q. You took no notice of his going into the passage, any more than just seeing him? - A. No; I had known him for several years, I was about two yards off from him then.

Q. Knowing him for several years, you thought he had no business there? - A. Yes, that made me take particular notice of him; I did not speak to him.

Q. Was any body with him? - A. I did not see any body else but Dealy.

Q. In consequence of hearing that the man's room was robbed, did you give information to any body? - A. Mr. Farder and Mr. Percival were coming down to know who had lost a bed, I mentioned this man, and spoke of seeing Hugh Dealy go into the passage; I live just by at a shop, within two doors of this place.

Q. Did Dealy live in that neighbourhood? - A. Yes; he lived close by us.

WILLIAM LEATHERAGE sworn. - Q. Do you know either of the prisoners at the bar? - A. Yes, both, for several years, by living in the same neighbourhood; I knew them when they were little; about a week before Christmas, on a Saturday, I was standing at my own door, No. 2, in Old Pye-street, I saw these two lads, along with some bed and bedding as I took it to be; the first time, I saw Dealy alone with the bedding, the next time, I saw them both with the bed, they came past my door, in the direction from where this house is.

Q. How far is your house from this? - A. About four or five hundred yards, it was then near seven o'clock.

Q. Did you see Dealy go back, after you saw him carry the bedding? - A. Yes, in about five minutes; and they both returned the same way in about ten minutes.

Q. The first time Dealy passed you, did you see where he carried what he had with him? - A. To one Mrs. Franklin's, who keeps an old iron and clothes shop, two doors off from me; I saw him come out again, and he had left behind him what he carried in.

Q. When they both came by you a second time, did you see where they went to with the bed? - A. To the same house, Mrs. Franklin's; upon this, and knowing the two lads, I went down to Mr. Farder, the constable, and gave the information; he came to Mrs. Franklin's, and brought out the bedding and other things; I was present when they were brought out, I did not go in.

Q. Is this Mrs. Dunton a married woman? - A. Yes, she has a great family.

Q. Are you perfectly sure these boys were the persons carrying the things? - A. Yes, I am.

JOSEPH FARDER sworn. - I am constable of the parish of St. John's; William Leatherage, the last witness, gave me an information respecting the prisoners, in consequence of which, I went to my brother officer, Joseph Percival, in Old Pye-street, and we went together to Mrs. Franklin's, within about a dozen or fourteen doors of where I live; I told her I was come for some bed and bedding, which was brought in by the two prisoners, Jones and Dealy; she told me they were there, and

shewed them me, they were lying in a back parlour altogether; I asked her how they came to be brought there; she said, the prisoners brought them till one Mrs. Clarke came home, that she was not at home.

Q. Does Mrs. Clarke live in that house? - A. No.

Q. What is she? - A. She sells fish and potatoes in a cart; I secured the bed, bolster, two pillows, and two old blankets, and took them to Percival's house; it being late that Saturday night we could not go to the office; and then we went about the neighbourhood to hear if any body had lost such things; we went along Peter-street, I went into Mrs. Dunton's, she said, her lodger had lost them; the Magistrate ordered that the old man should have the bed, we marked it; Percival has the pillows.

JOSEPH PERCIVAL sworn. - I went with the last witness to Mrs. Franklin's, we found a bed and bedding, and took them away to a warehouse belonging to me; the bed, blankets, and bolster, were delivered to the old man on Tuesday night; I marked the blankets by cutting pieces out, I kept the pillows. (Produces them).

Prosecutor. Both these pillows are mine, I know them by the two covers upon each of them.

Q. Are the pillow-cases marked? -

Percival. I saw one with W upon it.

Q. (To the Prosecutor.) This was in an unfurnished room; your own property, and not Mrs. Dunton's? - A. Exactly so.

Jones's defence. When we went up to the office to have a hearing, that old gentleman that belongs to the property, was asked whether the door was open or locked, he said it was left open.

Q. (To Percival.) Did he declare to you that the door was left open? - A. No; I will explain that business: when I enquired who had lost this property, after going into several shops, I went into Mrs. Dunton's; she said, the poor old man in her house had been robbed; there was a glass door between Mrs. Dunton's room and him, which was locked; and I went round and saw the old gentleman in the room making sad lamentation; he said, I went out and locked the door, I tried it, and put the key in my pocket, and the lock is loose; I examined it, and observed it was deficient in the screws.

Dealy said nothing in his defence.

Q. (To Percival.) Who apprehended the prisoners? - A. I did, about a month afterwards.

Jones, GUILTY (Aged 16.)

Dealy, GUILTY (Aged 15.)

Of stealing the goods, but not breaking and entering .

Transported for seven years .

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

Reference Number: t17970215-52

169. ELEANOR DONOVAN was indicted for feloniously stealing, on the 16th of January , a cloth great coat, value 8s. a woollen apron, value 2s. and twenty guineas in money numbered, the property of Jeremiah Calligham , in his dwelling-house .

JEREMIAH CALLIGHAN sworn. - I am a labouring man; I have known the prisoner ever since she was a child, I never knew her rob any body; my wife said somebody had robbed her; I was fifteen miles from home.

Cross-examined by Mr. Alley. Q. Have not you been over and over again with the friends of this woman to demand ten guineas to make it up, and said, if they did not give it you, you would have her blood? - A. I never said any such thing.

CATHERINE CALLIGHAN sworn. - I am the wife of the last witness; I lost a great coat, a woollen apron, and twenty guineas in money, last Monday was month; I keep a house in Gray's-lnn-lane, and sell fruit in the street; the prisoner was out of place, and I took her in, out of pity, to sleep with my children; I missed the things when I got up in the morning, the money was sewed up inside my petticoat, the great coat and petticoat were on the bed, the apron was on the back of the chair, there was nobody in the house but the prisoner and the children; she left the house without giving any notice, she was gone an hour, I dare say, before I missed the things, and never returned till I had her taken up; I found the great coat upon her at the pawnbroker's, last Monday was month, between nine and ten o'clock.

Q. Had you lent her that great coat? - A. No.

Q. You had given her no authority to take it? - A. No; I saw the apron upon her, I said nothing to her about this business at the pawnbroker's, I thought nothing about the clothes; when I found her at the pawnbroker's, she was changing one of the guineas to take out some things that came to thirteen shillings and sixpence; I had her taken up, and searched at my brother's in Chancery-lane, I found nothing upon her but the coat and apron, and the change of the guinea; I charged her with taking my money, and she denied it.

Q. Did she know your money was there? - A. I don't know that she did; she saw me stripping of a night.

Q. How long had you had it there? - A. Ever since I sold my milk-walk.

Cross-examined by Mr. Alley. Q. What is your name? - A. Catherine Callighan.

Q. Are you married to the last witness? - A. Yes.

Q. You wheel a barrow about? - A. Yes; I have known the prisoner seven years, she lived with my brother before she came to me.

Q. At your request she came to live with you? - A. Yes.

Q. How came you to say you took her in out of charity? - A. I did.

Q. Have you a brother? - A. A brother-in-law; his name is Sullivan, a milk-man, in Chancery-lane.

Q. Do you know Cockran? - A. Yes; he is a brother-in-law of mine, a bricklayer.

Q. He had been courting this girl, had not he? - A. I don't know what you mean; I don't know, he may for what I know.

Q. Did not you bring the girl to your house for the express purpose of his marrying her? - A. No, I never did.

Q. Do you mean to say, upon your oath, that he was not, to your knowledge, paying his addresses to her? - A. No.

Q. Do you mean also to swear that you did not bring the girl there to induce her to marry him? - A. No.

Q. Do you mean to swear you never made any proposition of that sort? - A. To be sure I do.

Q. How long had you had this money? - A. A twelvemonth.

Q. Did you, in fact, borrow any money during that twelvemonth? - A. Not a farthing.

Q. Do you mean to swear you never borrowed any money during that twelvemonth? - A. Never a farthing.

Q. You never, in the course of that twelve-month, pawned any of your things? - A. Yes; but not for myself.

Q. Have you not pawned your own clothes? - A. Yes, but not for myself; I did for my brother; he wanted me to lend him a guinea.

Q. At what time did you pawn these clothes? - A. I cannot say.

Q. How came you to pawn your things when you had that money by you? - A. Because I was sworn not to lend money; my brother came and asked me to lend him a guinea; I said I could not, and lent him two gowns to pawn for a guinea.

Court. Q. Explain how you were sworn not to lend money? - A. Because my husband lent a guinea to a man some time back, and I made an oath myself not to lend any money.

Q. Was not that lending money, when you took the things to the pawnbroker's? - A. No; I gave them to him to pawn.

Mr. Alley. Q. You preferred paying exorbitant interest when this money was lying by you? - A. Yes.

Q. You had been in company with a Mrs. Kelly three or four days before you brought this charge? - A. I might be.

Q. Don't you remember telling Mrs. Kelly you wanted to purchase a milk-walk for your brother, which you could get for two guineas; that you wanted two guineas, and could neither raise nor borrow it, and was obliged to pawn your clothes? - A. No, I did not.

Q. Who sewed the money up in your petticoat? - A. My husband and myself.

Q. Do you recollect borrowing half-a-guinea before that to lend to another brother? - A. Never.

Q. Who did you lend it to? - A. To nobody.

Q. Did not your husband borrow half-a-guinea of the brother of the prisoner to lend to a man? - A. Not that I know of.

Q. You missed the clothes, and money about six or seven o'clock in the morning, did you not bounce up at once, and run down, and make a noise? - A. Yes, I did.

Q. What time did the prisoner go out? - A. Between five and six.

Q. Have you not said she did not go out till eight o'clock that morning? - A. I have not.

Q. That you positively swear? - A. Yes.

Q. When did you first go to the Magistrate? - A. Pretty nigh twelve o'clock.

Q. The girl was in custody then, and you had searched her, and found nothing upon her; did you say one word to the Magistrate that you had lost this coat and petticoat? - A. Not the first time.

Q. Do you mean to admit you said not one word about the coat before the Magistrate? - A. Not the first day, the second day I did.

Q. I believe your husband came to town before the second time you went to the Magistrate? - A. Yes.

Q. Had not you been with the friends of the poor girl before the first and second examination, to ask for money to make it up? - A. No; I had not.

Q. What sort of a coat is this? - A. I have it here.

Q. Did you ever lend the girl a coat? - A. Yes; I have lent her my husband's coat.

Q. Had she not the coat on when you took her? - A. Yes.

Q. She wore these things publicly in the street? - A. Lending her a thing is different.

Q. Did you ever lend her your cloak? - A. Yes.

Q. What did you lend it her for? - A. To wear.

ELEANOR CALLIGHAN (a child) sworn.

Court. Q. Have you ever been sworn before? - A. No.

Q. What will be your punishment if you tell a story? - A. I shall go to the naughty man.

Court. Q. Remember you are not only to be punished here, but hereafter, if you say what is not true? - A. Yes; the prisoner slept with me on the Sunday night, she got up about four o'clock; I asked her where she was going; she said she was going into

the yard; instead of going into the yard, she opened the door and went up stairs; my mother slept up stairs, and my brother, a little boy; when she came down stairs, I asked her where she had been; she said she had been into the yard; I don't know how long she was gone, I had been to sleep; she was very cold when she came to bed again; when she said she had been into the yard, I said, no, you have been up stairs; she said she only went up to see how Dan was, and bid me go to sleep; I went to sleep; and about five o'clock, Norah, my cousin, who slept with me and the prisoner, got up to go to the barn for some milk; a little while after she was gone, Nell Donovan got up and went out; I did not see her any more; a little while after, my mother screamed out, and I went up stairs, and the door was locked, and the key on the outside; and she said, O! my money, my money! Nell Donovan has robbed me!

Q. Were you before the Justice? - A. Not the first day; I was the day after.

Q. How did your mother get out, if the door was locked on the outside? - A. My mother screamed out, and I ran up and opened the door.

Cross-examined by Mr. Alley. Q. When the girl went out of your room, you were asleep, and did not know where she was going-when did your mother desire you to say she went up stairs, and not down? - A. My mother never told me to say so.

Q. You have a brother sleeps with your mother, who is not well? - A. Yes.

Q. Being ill, and not sleeping well, he must have heard if the door was opened? - A. I don't know.

NORAH LINNIAN sworn. - I slept with the prisoner and Eleanor Callighan; about four o'clock in the morning, I heard the prisoner come into bed; I did not hear her go out; and Eleanor Callighan asked her where she had been; she said she had been backwards, into the yard; Callighan said she was up stairs, and she told the child to go to sleep, and to hush; I went out at five o'clock in the morning, with milk, and left the prisoner in bed; I heard no more of it till I came home, at ten o'clock in the morning; then Eleanor Callighan told me her mother was robbed.

Q. Did you go to the Magistrates that day? - A. No; I went on the Friday.

Q. (To Catherine Callighan ). Were the coat and apron taken from the prisoner? - A. The coat was.

Q. Is the coat here? - A. No, I have not brought it.

Prisoner's defence. She lent me the coat.

For the Prisoner.

JOHN MURPHY sworn. - I know the prisoner

Q. Do you recollect seeing her wear the coat in question? - A. I do not; I have heard persons say she did.

TIMOTHY DONOVAN sworn. - I am a poulterer.

Q. Do you recollect any thing about this coat? - A. Yes; the prisoner had it on several days before this happened; I have seen her with it in Holborn; the prosecutrix sold fruit at one corner of the street, and she at the other; she had the coat on, the corner of Hand-alley.

Q. Have you ever seen Callighan wear it? - A. I think I have; it is a blue coat.

Q. Are you any relation to the prosecutrix? - A. A cousin.

Mr. Alley. They are all related, prosecutor and defendant, and witnesses.

CATHERINE DONOVAN sworn. - On the 17th of January, Mrs. Callighan came to me and told me the prisoner had taken her money; I asked her how she came to shew her money to so young a girl as she; she told me she never had shewn it to her; I asked her how came the prisoner to know it then; she said she did not, except one night, the prisoner went up to her room, and saw her go to bed; I asked her what time she missed it; she said very early; I asked her if she had not been drinking with the prisoner, on Sunday night; she said, no, she had not.

Q. Do you know any thing about this coat? - A. No.

GRACE KELLY sworn. Q. Do you know any thing about this coat? - A. I saw her wearing a blue coat.

Q. The coat in question? - A. Yes; I saw her wearing it on the Friday and Saturday; she had it on in my house.

Q. Did the prosecutrix ever see her wear it? - A. Yes; she wore it in her company, she used to wear her cloak likewise.

Court. Q. Did you know that this coat belonged to the prosecutrix? - A. Yes; It was a blue coat with whitish buttons. - On the Thursday before this affair, Mrs. Callighan came to my house, and Mr. Murphy along with her; they sat down, and in about ten minutes or a quarter of an hour after, Mr. Callighan came in; Mrs. Callighan said her brother was going to buy a milk-walk, if he could get the money; she said she came to me for two guineas; I had not two guineas to give him, and she sent her clothes to pawn for two guineas for him, which remained there still; that she could not afford to fetch them out, nor he neither; that she had gone through a great deal of sickness lately, and could not afford to fetch the clothes out of pawn.

Q. How long was this before the charge was made against the prisoner? - A. The Thursday before.

Q. (To Timotby Donivan). Tell us if you remember the prosecutor or prosecutrix borrowing half a guinea of you? - A. On the 14th of September, the prosecutor came and asked me to lend him half a guinea, he said his brother was going to Ireland, and he wished to give him half a guinea, but could not give it him, unless I lent it him; I lent him the half guinea, and he paid me on the 30th of September.

Court. (To Mrs. Callighan). Q. Had this girl any coat of her own with white buttons? - A. No.

Q. You said you never lent her that coat? - A. No; never my coat.

Q. There have been persons examined, who say they have seen her with your coat on in your company, is that false? - A. I am sure it is false.

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

NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. RECORDER.

Reference Number: t17970215-53

170. MICHAEL LAWLEY was indicted for that he, on the 3d of February , about the hour of twelve in the night, did enter into a certain enclosed ground, the property of Samuel Wegg , and nineteen plants called cucumber plants, value 10s. the property of Samuel Wegg , there standing, did pluck up, dig up, take and carry away .

Second Count. Charging a like offence, varying the manner of charging it.(The case was opened by Mr. Knowlys).

WILLIAM WHITNEY sworn. - Examined by Mr. Knowlys. I am gardener to Mr. Wegg, at Acton: Between the 3d and 4th of February I lost some cucumber plants, from a mellon ground in the garden, which is enclosed by a wall near the house; they were growing in frames; I saw them at one o'clock on the 3d.

JAMES SWEETSEY sworn. - Examined by Mr. Knowlys. I am gardener under Mr. Witney, in Mr. Wegg's service: On the 3d of February I covered the cucumber plants, and made them all safe; they were very healthy when I covered them up, which was about five in the evening; the mellon ground is entirely surrounded with walls; there are two doors; I bolted one and locked the other at dusk, and left them all fast; that was about a quarter after five, when I left my labour.

Q. Did you see the ground first the next morning, or the head gardener? - A. We were both together, about seven in the morning.

Q. How long had it been light then? - A. Not above a quarter of an hour.

Q. How far had they grown up? - A. They were making the fourth shoot.

Q. Were these high walls? - A. The south wall was twelve feet high, and the east wall about ten feet high.

Q. How long would it have taken the persons to get over the wall and do this business? - A. I I suppose they might have done it in half an hour.

Q. How many walls must they have come over? - A. Two; about seven in the morning I came into the garden, and saw the frames disturbed, and two seed leaves broke off in the frame.

Q. Had they been at any other place than the frame? - A. No; I cannot say how many plants were missing.

Q. Were they in pots, or in the ground? - A. In the ground.

Cross-examined by Mr. Knapp. - Q. You left this place, and left them safe at five in the afternoon of the 3d of this month? - A. A quarter after five.

Q. In the country at that time it is light till pretty near six o'clock? - A. It is.

Q. You say then there are two walls; if I understand this garden, there is one wall encloses the whole ground? - A. Yes.

Q. Could not a man have got into the garden, if he was so disposed, and do what you have described in less than half an hour? - A. I think not.

Q. There was a door to the garden, and a door to the mellon ground? - A. Yes.

Q. If a man had been so disposed, he might have broke the door? - A. The doors were fast; we could trace the wall they got over, by the assistance of a pear tree.

Q. How long was it light on the 4th of February before seven o'clock? - A. It might be light before seven, but that was the time we went there.

Q. Had it been light half an hour? - A. I don't know but it might.

Q. What time did you get up in the morning? - A. At half past six.

Q. Was it light then? - A. Day was broke at the time we got up.

WILLIAM WITNEY again called. Q. You told us you saw the plants at one in the afternoon? - A. I did.

Q. Did you at any time after that go into the garden? - A. I did; I saw the frames, they appeared to be safe, they were left according to my direction.

Q. At seven in the morning they appeared to be distrubed; did you discover by what way the persons that had done this mischief came in? - A. They came over the south wall into the kitchen garden, after that over another wall into the mellon ground.

Q. Whom had you the seed from, that produced

those plants? - A. I don't know whether I had them from Mr. Bailey. or not.

Q. In what state were the plants? - A. Fit to stop the second time; they had put forth two seed leaves, and a rough leaf makes the fourth leaf.

Q. What time would it take the persons to get in and do all the mischief they did? - A. I suppose they could do it very well in half an hour.

Q. In consequence of this, you suspected the prisoner at the bar? - A. I did; he had formerly worked there; he was then gardener to Dr. Nicholas; I went to Dr. Nicholas's garden on the 6th, and I found there fourteen plants; I lost nineteen in all; I knew them by the mode of stopping; after they bring forth their first shoot, I pinch that off; I have a particular mode of doing it.

Q. How did the plants appear in Dr. Nicholas's garden? - A. They had not in the least advanced, and appeared a little confused by shifting about; one of them had lost two seed leaves.

Q. Were there any seed leaves that you observed in Mr. Wegg's garden? - A. I found two seed leaves by the frames.

Q. Did you observe the kind of ground in Dr. Nicholas's garden? - A. I did; the mould about the plants was not the same fort of mould; there were old oak tan and rotted leaves, which was the mould I planted them in, about the root of the plants.

Q. Who furnished you with that mould? - A. William Bailey , Lord Galloway's gardener.

Q. Did you find any mould in Dr. Nicholas's garden corresponding with that? - A. None at all.

Q. From the plants and mould are you able to swear to these plants? - A. Yes; they are Mr. Wegg's property.

Q. Who was with you when you examined them? - A. William Bailey , young Mr. Wegg, and Dr. Goodenough.

Q. Was Mr. Whitlock there? - A. No, he had been before.

Q. What was the value of the nineteen plants you had lost? - A. Ten shillings.

Q. What is the value of the fourteen you found? - A. Eight shillings; I would give that for them myself, and more money.

Cross-examined by Mr. Knapp. Q. These sort of plants are not easily to be purchased? - A. No.

Q. Where were they growing? - A. They were turned out of pots, and growing in little hills.

Q. They might have done all this in half an hour? - A. I think they might.

Q. You were in the garden at six o'clock? - A. Yes.

Q. The witness says, before he went away he matted these plants up; did you unmat them? - A. No.

Q. At six o'clock, when you left them, day had not shut in, had it? - A. Yes; it was not day-light.

Q. Was it light? - A. It was between light and dark.

Q. Day-light was not shut in? - A. It appeared to me to be.

Q. Was there any light? - A. I am not able to answer that question.

Q. Had you a candle with you at six o'clock? - A. No.

Q. The prisoner was a servant to Dr. Nicholas? - A. Yes.

Q. That is close by? - A. It is a mile off.

Q. It was the third day after that you went to Dr. Nicholas's? - A. Yes.

Q. The prisoner was there? - A. Yes.

Q. These plants were in frames in Dr. Nicholas's garden? - A. Yes.

Q. Was it not possible for Dr. Nicholas to have some of these plants? - A. I don't know any thing about that.

Q. You had been a gardener before? - A. Yes.

Q. Had you seen any plants like these before? - A. Not this year.

Q. Other years? - A. Yes, I have grown them myself.

Q. Any other gardener with equal skill with yourself might have grown these plants? - A. They might.

Q. If the prisoner had such seed, such sort of plants might have sprung up in Dr. Nicholas's garden? - A. I don't know that.

MARK WHITLOCK sworn. - Examined by Mr. Knowlys. I am gardener to Mr. Stevens: In consequence of what I heard from Bailey, I went to the prisoner at Dr. Nicholas's garden, and looked at his cucumbers; I looked in the frames, and saw them in pots; they appeared to me as if they had been removed; he told me he removed them out of his bed, because his bed was too hot; his bed had burnt, and he removed them to take the burnt mould away, and put the other mould there.

Q. Did they appear to you to have suffered by being in too hot a bed? - A. No; one I observed had the seed leaves broke off; then I left him.

Court. Q. You were not told of the loss of any cucumber plants? - A. No, not then, of the loss of any one.

Cross-examined by Mr. Knapp. Q. You went to call on this gardener to see his cucumber plants? - A. Yes.

Q. He shewed them with the utmost readiness? - A. Yes.

Q. There were other cucumber plants? - A. Yes, smaller; I cannot say how many plants or pots.

Q. This was in Dr. Nicholas's garden, in frames, and any body might see them? - A. Yes.

Q. The prisoner told you he had removed them, that the bed they were in was too hot? - A. He told me the bed burnt, and he put other mould to them.

Mr. Knowlys. Q. They did not appear to be burnt? - A. No; he took them away, or they might have burnt.

Jury. (To Witney.) You say you have a particular method of stopping these plants, by pinching them off? - A. They come up two feed leaves, then they break out a rough leaf, and then I stop the next that appears; that stops the first joint.

Q. Other people may do that sometimes? - A. Sometimes they may.

Court. Q. You say it is a method peculiar to yourself; may not other gardeners do the same? - A. They may.

Q. Does Bailey stop the same way? - A. I believe he does, I don't know any other that do.

Q. Does Whitlock? - A. I don't know that he does.

Q. (To Whitlock). What is your method of stopping these cucumber plants? - A. A very common method; as soon as they come into two leaves, I stop the next that appears.

Q. You stop them by taking off the third leaf? - A. Yes.

Q. (To witney.) Will your method of stopping the plant, and Whitlock's make the plant have the same appearance? - A. If it is stopped at the first joint in my method, it will have the same appearance.

Q. (To Whitlock.) Do you stop in the same way? - A. Yes.

WILLIAM BAILEY sworn. - Examined by Mr. Knowlys. I am gardener to Lord Galloway. I sent Whitlock to Dr. Nicholas's gardener to see his cucumber plants; I went on the 6th with young Mr. Wegg, Dr. Goodenough, and Whitney, Mr. Wegg's gardener.

Q. Did you know these plants of Mr. Wegg's? - A. Yes; I have been in the habit of calling on Mr. Wegg frequently.

Q. When you went to Dr. Nicholas's, did you see Mr. Wegg's plants? - A. I saw the plants in the frame; I saw three holes of plants in the hills, and one in the pots.

Q. Are you able to ascertain whether they are Mr. Wegg's plants or not? - A. I believe they were, for I had four pots of the same plants in my frame, one of them was turned out of the pots, and there were found some oak tan, and leaf mould, half a bushel or more, which I had given to Mr. Wegg's gardener.

Q. Will you venture to swear that tan was the same? - A. I believe it was the same.

Q. Was there any mould of that sort in the beds of Dr. Nicholas? - A. No; I looked round particularly, I could not see any of that sort; I particularly noticed one plant had lost the feed leaves.

Q. Did you observe Mr. Wegg's frame, whether there were any feed leaves there? - A. No, I did not; the gardener told me they were there.

Q. Do you believe they were Mr. Wegg's plants, or not? - A. I believe they were.

Cross-examined by Mr. Knapp. Q. You believe the tan and leaf mould were the same you had given to Mr. Wegg's gardener? - A. Yes.

Q. Do you mean to swear it was the very mould you gave him? - A. I swear to the best of my knowledge.

Q. Is leaf mould and tan used by any other gardener? - A. Yes, if they have it; it is not every one that has it.

Q. Had you ever been in Dr. Nicholas's garden before? - A. No.

Q. Then, whether he had any of this sort of mould, you don't know? - A. No.

Q. Do you happen to stop in the same way as Mr. Wegg's gardener? - A. Yes; we both make a practice of stopping in the same way.

Q. Do you know any other gardeners that stop in the same way? - A. Some do, and some do not.

Q. Suppose you had seen these plants at ten miles distance, should you have known them? - A. Equally the same.

Q. Did you ever see a plant that had lost a feed leaf before? - A. Yes, many.

Q. Then it is not uncommon? - A. No.

Mr. Knowlys. Q. Did you observe, in Dr. Nicholas's garden, any feed leaves that had dropped from the plant? - A. None at all.

Q. Did you look in the frames of Dr. Nicholas's, if there were any mould of this fort? - A. I did, in particular, and I could find none.

GEORGE SAMUEL WEGG sworn. - Examined by Mr. Knowlys. I came down on Saturday about three o'clock, and they told me the garden was robbed, they mentioned to me the circumstances I have heard related in Court, and I went on the Monday to Dr. Goodenough, and got him to go to Dr. Nicholas to apprize him of it, and go to the melon ground, and then call me when they got to the ground; I went in after the declarations they made to me; I had the prisoner apprehended, I did not make any observation on the plants; I saw the ground taken up, the mould appeared to me to be different, but I am not a judge of it.

Dr. NICHOLAS sworn. - Examined by Mr. Knowlys. I live at Ealing, about a mile from Mr. Wegg's, the prisoner was my gardener

Q. Were you acquainted that you had any such plants in your garden? - A. I was not; I have a melon ground, and melon frames.

Q. Do you use tan in those melon frames? - A. That I don't know; the gardener is permitted to manage those things in his own way, I paid for dung sometime before.

Cross-examined by Mr. Knapp. Q. You don't know whether you had these plants or not, you leave that entirely to your gardener? - A. Yes.

Q. You had some dung sometime before? - A. Yes; I saw the beds made, I have no reason but to think the prisoner was an honest man, I committed a great deal to his care.

Q. Whether as a gardener he was skilful in his line? - A. I thought him very skilful.

Q. As being skilful, you would not be surprized to see curious plants in your garden? - A. Certainly not.

Q. Is this melon ground in your garden? - A. No, in an island adjoining to the garden.

Q. Cucumbers find the way to your table pretty early? - A. Yes, as early or more so than some of my neighbours.

SAMUEL WEGG , Esq. sworn. - Examined by Mr. Knowlys. Q. You are the proprietor of this garden? - A. Yes

Q. Had you given any authority to the prisoner to take away the cucumber plants? - A. I was not there for three weeks.

Cross-examined by Mr. Knapp. Q. What is the value of these plants? - A. I don't know, I never bought any.

Court. (To Whitlock.) Q. What do you think is the value of fourteen plants? - A. I should think them worth ten shillings.

Q. What would nineteen be worth? - A. Fifteen shillings.

Q. (To Bailey.) What do you think the fourteen plants are worth? - A. I should think them worth ten shillings.

Prisoner's defence. I leave my defence to my Counsel; I raised these plants in the course of my business; I raise cucumbers in most gardens in Ealing, this is a particular grudge they have against me.

Mr. Knapp. (To Dr. Nicholas.) Q. Whether the prisoner has any advantage from your plants, or only receives wages? - A. Only receives wages.

For the Prisoner.

GEORGE TOBY sworn. - I live at Ealing, I know the prisoner, he is gardener to Dr. Nicholas, I work under him; I saw some cucumber plants rigged out the first of this month.

Q. Had you ever seen, prior to that time, or subsequent to that time, any of the same sort of those you saw rigged the first of February? - A. No.

Q. They were in Dr. Nicholas's ground? - A. Yes.

Q. And belonged to Dr. Nicholas of course? - A. Yes.

Q. Were there any thing particular in those plants? - A. Yes; the bed was over-heated, and he took the plants out and potted them.

Q. Previous to the time these people came to the garden? - A. Yes.

Cross-examined by Mr. Knowlys. Q. Were you present when the people came in about this business? - A. Yes.

Q. What was the bed made of to grow these in? - A. Dung and mould.

Q. No hot-bed? - A. No.

Q. Then he did not use oak tan, and leaf? - A. I don't know; gardeners use different things.

Q. Did you help to make the bed? - A. Yes.

Q. Were there any tan or leaf mould? - A. I cannot tell what sort of stuff, there was a mixture of many different things; there might be tan and leaves, I dare say there were.

Q. Will you swear you dare say there were? - A. No.

Q. Will you swear you borrowed tan or leaves from any gardener? - A. No.

Q. Can you remember the day they were potted? - A. No.

Q. Will you swear they were potted before the 3d of February? - A. I don't know.

Mr. Knapp. Q. Gardeners use different sorts of mould mixed together? - A. Yes.

Q. What is the value of these plants? - A. I don't think it possible for a man to put a value upon such a thing as that, because it is a chance whether they live or not.

JAMES FROMLEY sworn. - I am gardener to Mr. Allen, at Acton; I have been a gardener, fifteen years.

Q. Do you nip plants at the first joint? - A. Sometimes the first, and sometimes the second.

Q. As many nip plants at the first joint as the second? - A. More so; I furnished the prisoner with some cucumbers feed about six or seven weeks ago.

Q. Did you see any cucumber plants of his in Dr. Nicholas's garden? - A. No.

Q. Supposing fourteen cucumber plants, just putting out the fourth leaf, whereabouts do you think would be their value? - A. I suppose six or seven shillings is the value of them.

THOMAS MEDMAN sworn. - I am a pupil of Dr. Nicholas's.

Q. Do you remember the beginning of February, seeing any cucumber plants under the care of

the prisoner? - A. I cannot say the beginning of February, about three weeks ago.

Q. Cucumber plants? - A. I cannot say, I thought they were; I had seen some before, I thought them the same.

JOSEPH WESTBROOK sworn. - I am a gardener, at Ealing; I live with my father, a master gardener; I have been in the gardening way all my life, it is usual to pinch plants at the first joint, according to the state of the plant, if it will bear it; I stop it at the first joint; I have known the prisoner a twelvemonth, he has a very good character, I never heard any man speak a disrespectful word of him in my life.

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

NOT GUILTY .

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

Reference Number: t17970215-54

172. JAMES HARTWICK was indicted for feloniously stealing, on the 14th of February , a hempen sack, value 2s. and a bushel of barley, value 2s. the property of William Tash , Esq.

THOMAS HARDING sworn. - I am butler to William Tash , Esq. I had missed corn several times out of the granary, and having the key in my possession, I knew somebody must enter by a false key; in consequence of that, on the 14th of February, I set Joseph Grover to watch the place, on the top of the hay-mow, opposite the granary; I told him, if he heard any body go into the granary, to call me, which he did, between seven and eight in the evening; I immediately ran into the yard, and saw the prisoner come down the granary stairs with a sack in his hand; I watched him into the stable, and then ran round the garden to the gate, to see if he carried it off the premises or not; in the mean while he made off; I pursued him as far as the King's-arms public-house, and could find nothing of him; I went in pursuit of him, till I met with a man of the name of Richard Rogers , with a sack on his back; I asked him what he had there, and said, I believed it was my master's property, and insisted upon seeing it; he threw it down in the footpath, and made off; about one hundred yards further, I met with the prisoner, I took him by the collar, I told him he was a rogue, that he had entered my master's granary, and stole some corn out; he said, O pray say nothing about it, O pray, master, say nothing about it; I took him back to where the sack was, and put it on his shoulder, and made him carry it to where he lodged; I sent for a constable, and gave charge of him, and took him before a Magistrate; I took the sack to my master's, and it was delivered to the constable.

Q. Did you find the sack where you left it? - A. Yes.

Q. This was between seven and eight o'clock, how soon after did you meet with the prisoner? - A. About a quarter of an hour after he came out of the granary; the sack is not marked, but I know it to be my master's property, by its having had some flour in it; I had seen it in the granary that day, there was about a bushel of barley in it; I know it to be my master's, it was a particular sort, very much mow-burnt.

Q. Have not you seen barley in the same state of other people's? - A. I have.

Q. It was not very light when he came out with the sack? - A. No, it was not, but there was light enough to know him; he is a labouring man; he had worked three weeks for my master; when he came out, I saw the sack was a sack that had had flour in it.

JOSEPH GROVER sworn. - I follow labouring work; I know the prisoner; Mr. Harding set me to watch on the mow, near the granary; on Saturday last, between seven and eight in the evening, I heard a person go through the barn up the granary steps, and unlock the door; I went immediately to Thomas Harding, and told him a person was gone up into the granary, and then Thomas Harding went up to the granary; I know no more of it.(The sack and barley were produced in Court by Harding.)

Q. (To Harding.) Were all the sacks in the granary your master's property? - A. Yes.

Prisoner's defence. I have nothing to say.

NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17970215-55

173. MARY CHAMFIELD was indicted for feloniously stealing on the 17th of February , a quart pewter pot, value 1s. the property of Richard Bell .

RICHARD BELL sworn. - I keep the Helmet, in Holborn : Yesterday, about one o'clock, the prisoner came in for a penny-worth of warm beer; as she was going out, two persons who were coming in told me they saw her drop a pot, and take it up again and go away; I pursued and took her on Holborn-hill, below the watch-house, she had the pot under her apron; I took her back to my house, and had her committed.

GEORGE LONGDEN sworn. - I was sent for to take the prisoner into custody; the pot was delivered to me by the former witness.

(It was produced in Court, and deposed to by the prosecutor.)

Prisoner's defence. I went in, and had a pennyworth of beer; when I came out, I met a gen

tlewoman, who gave me a pot, and desired me to carry it to his house: I had never been in the house before,and did not know which house it was.

GUILTY . (Aged 38.)

Confined one month in Newgate , fined 1s. and discharged.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970215-56

174. THOMAS HAYES was indicted for feloniously stealing, on the 8th of February , a yard of printed calico, value 2s. 6d. the property of James Thompson .

(The witnesses were examined apart at the request of the prisoner.)

(The case was opened by Mr. Jackson.)

JAMES THOMPSON sworn. - Examined by Mr. Jackson. I am a calico-glazer ; the prisoner was a servant to me; having lost a good deal of property, and suspecting the prisoner, on the 8th of February, I appointed William Tugwell to watch him; in consequence of some information from Tugwell, I sent for a constable, and as the prisoner was coming down stairs to go out, I took him into the counting-house, and challenged him with the robbery, which he denied; that was before the constable came; I then called in William Tugwell and Matthew Brand , two of my servants, and in their presence I charged him with the robbery, which he denied; I then insisted upon searching him; after some hesitation, he allowed me to put my hands into his pockets; I found nothing; I perceived a fulness in his breeches; I insisted upon his taking down his breeches, which he refused to do; I then informed him I would send for a constable, who would do it for me; the prisoner then observed it was not decent to do it in that place, but if I would allow him to go up stairs, I might search him if I pleased; I complied with his request, and carried him up into a two-pair of stairs room, still in the presence of William Tugwell and Matthew Brand ; he then turned his side to me, unbuttoned his breeches, and produced a piece of calico, and desired the men to withdraw, because he wished to have some conversation with me; they withdrew, and he confessed he was guilty, and had practised it.

Q. What did you say to him before he said this? - A. I had not spoke to him; he said he was guilty, and had made a practice of it; those were his words to the best of my recollection, or the sense of them; he requested I would take compassion upon him, for he had a family; and desired to know what my determination was; I told him I did not know what my determination was, but it was a matter of serious consequence; he asked me if I meant to dismiss him my service; I said he should not enter my door again; Tugwell had the charge of the calico; the constable was then arrived, and I left the room and went to Bow-church-yard to take the advice of the persons who put the calico in my charge.

Q. Are you accountable for the calico to those persons you receive it from? - A. Yes; there was about a yard and an eighth.

Q. Do you allow your men any perquisites? - A. None.

Cross-examined by Mr. Knowlys. Q. Don't you, when you glaze this calico, cut off the fag end? - A. The person who is employed to sold the goods, after the operation of calicoing has been performed, separates the frame mark and excise stamp from the whole piece, leaving it connected only by a small slip, when the goods are intended for exportation.

Court. Q. Is this only done when they are intended for exportation? - A. The separation is only made when intended for exportation; when they are not, that separation is not made.

Q. As you have not the final management, you cannot tell whether this was intended for exportation? - A. I only know I had the orders to cut it in that manner.

Q. When it is folded, and they cut off these marks, does it not sometimes happen that a double sold is cut? - A. I don't know that any instance of it ever came within my knowledge.

Q. You don't know the fact one way or the other? - A. I cannot speak to a negative fact.

Q. The prisoner told you no more than the truth, that he had a wife and small family? - A. I believe he has.

Q. His wife is as big as she can tumble? - A. I believe she is pregnant.

Mr. Jackson. Q. When the stamp and frame work is cut off, how much of the linen is it necessary to cut? - A. From half an inch to an inch.

Q. Is the cutting off a double sold likely to happen? - A. No.

WILLIAM TUGWELL sworn. - Examined by Mr. Jackson. I am servant to Mr. Thompson: On Wednesday morning, the 8th of February, between ten and eleven, I discovered the prisoner cutting off a piece of printed cotton from the main piece now in question; accordingly I went to Mr. James Thompson, and gave information of what I had seen; he cut it off with a knife that is used to cut off the sags, and make up the goods; I saw him conceal it about him; I described to Mr.

Thompson the pattern and quality of the piece; in a few minutes after, as the prisoner was going out, he was called by Mr. Thompson into the counting-house; I went into the counting-house; his pockets were searched, but nothing found; his waistcoat was opened, and nothing found there; Mr. Thompson applied his hand to the thigh of his breeches, and immediately said, I think here is something here more than a man ought to have; Mr. Thompson desired him to unbutton his breeches; he seemed rather unwilling, and said, you will not desire me to strip before these men; Mr. Thompson said in reply, no, for decency sake we will go up stairs; accordingly we went up stairs into a two-pair of stairs front room, and there, in the presence of Mr. Thompson, Matthew Brand, and myself, the prisoner unbuttoned his breeches, and pulled a piece of calico out; this is the piece,(producing it); this is the piece I saw him cut off; there is about a yard and an eighth of it.

Q. Is there the excise and frame mark upon it? - A. Not upon this; here is the fag belonging to it; I have had it ever since.

Q. When he took it out of his breeches, what did he say? - A. He held it out to Mr. Thompson, and he received it into his hand; he said nothing in particular then.

Q. Did you hear him say any thing about it at another time? - A. Never; he said nothing about it; I was in the room till the piece was produced, then they were left by themselves.

Cross-examined by Mr. Knowlys. Q. He said nothing at all? - A. Not concerning that same piece.

Q. What had the prosecutor said to him? - A. He asked if he had any more; he said, no.

Q. What did the prosecutor say respecting the calico? - A. Nothing, while I was there, further than what I have related; I was ordered out of the room directly.

MATTHEW BRAND sworn. - Examined by Mr. Jackson. I am servant to Mr. Thompson; I was present when the prisoner was searched, and saw him deliver the piece of calico; this is the piece; I was ordered out of the room when he produced it, and left him and his master alone.

Q. (To Mr. Thompson). Look at that calico; do you know whether that is the piece that was taken from the prisoner? - A. The appearances of it convince me it is; (compares it with the piece it was cut from) it matches, it is the piece.

Q. What is the value of that piece? - A. The least value I can put upon it is 2s. 6d. it was sold for 3s. 2d.

Prisoner's defence. May it please your Lordship and Gentlemen of the Jury - In the morning I came to work extremely late; there was a quantity of ell-wide calicoes; I was behind with my work; I made up fifteen or sixteen pieces in a hurry; taking my knife up, I accidentally cut off two folds, instead of one; I endeavoured to conceal it, but finding I was discovered, and a person following me down to my employer, I put it in my pocket, thinking how I should inform my employer; I kept it in my possession, and kept my mind to myself, being unwilling to speak before my enemies; I desired to go up stairs; they immediately came up, and I took it out of my waistcoat pocket, to tell Mr. Thompson My error; I can bring people who have been guilty of the same error of cutting two folds instead of one, in the hurry of business; I never meant to take it away, I only meant to shew it Mr. Thompson, which is the misfortune that brought me here; I have lived four years with Mr. Thompson, to the comfort of myself and all my family; Mr. Thompson nor his men knew nothing amiss of me; this is a matter of treachery, on account of my abilities, which are greater than any man's; he has enjoyed my merits more than four years; Mr. Thompson now wishes to do without me, which I support is the cause of my destruction; I can bring a great many witnesses to my character; I cut it off by accident, and was going to shew it to Mr. Thompson.

The prisoner called ten witnesses, who gave him a very good character; there were many others, who were not called.

GUILTY (Aged 30.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970215-57

175. THOMAS GEE and BARBARA his wife were indicted for breaking and entering the dwelling-house of James Buss , on the 17th of January , about the hour of ten in the night, with intent to steal the goods therein, and burglariously stealing 28lb. of fal-ammoniac, value 40s. the property of the said James; the said James and others being in the said dwelling house .

JAMES BUSS sworn. - I am a chymist and druggist , No. 12, Cock-hill, Ratcliff-cross : On Tuesday, the 17th of January, between the hours of four and seven in the afternoon, my servant brought in 28th. of sal-ammoniac, and put it down on the right hand counter, near the door, in the shop; I saw it there some time afterwards, till nine o'clock, when the shop was shut up, but not the shutter of the door; there was a light in the shop, and the shutter of the glass door down; the next morning, between eight and nine, I missed the article off the

counter; I supposed it to be taken away between nine and half past ten at night, because the shutter of the door was not up, and when the boy went to shut it up, he found the door open; I sent to an opposite neighbour in the same business, to tell him if any body came to offer 28lb. of sal-ammoniac, in a paper parcel, to stop it; I then went out, and soon after they sent to inform me it was stopped; I saw it at the Justice's at the Police-office on the Friday following.

JAMES FORD sworn. - I am errand-boy to Mr. Buss: On Tuesday, the 17th of January, in the afternoon, I brought the sal-ammoniac into the shop, and put it on the counter; I cannot say what time in the afternoon, I believe about four o'clock; when I went to put up the shutter of the door, between ten and eleven at night, I found the door wide open; we did not miss the sal-ammoniac till next morning; the shutters were up at nine o'clock, and the door was on the latch.

Q. Did any of the family go out or come in between nine and ten o'clock? - A. I don't know; we missed it in the morning, between eight and nine o'clock; I saw it on the Friday, at the Police-office.

Q. Whose sal-ammoniac was it you saw there? - A. We thought it belonged to us, because there was nearly the same weight we lost; I fetched it from Fleet-street; it was weighed when I received it, and it was weighed when it was offered for sale.

Q. Were you present when it was offered? - A. They sent over for my master, he was not at home; I went over and saw it weighed; there were 28lb. all but a quarter, it was in little bits, in a brown paper bag.

Q. Can you swear to the bag? - A. No; it was in the bag when it was found.

Q. Did it look like the same bag? - A. Yes; I saw the woman prisoner at the shop where it was stopped; I asked her where she got it, she said the would not tell me.

JOHN KIRK sworn. - I am a chymist and druggist, No. 119, Cock-hill, nearly opposite the house of the prosecutor: On the 18th of January, in the morning, the prisoner, Barbara Gee , brought a piece of sal-ammoniac into my shop, between nine and ten o'clock; she asked me if I knew what it was; I told her, yes, it was sal-ammoniac; she asked me if I would buy it; I told her it was very dirty, and that unless I saw the whole of it I could not tell her any thing about it.

Q. Was it dirty? - A. No, that was only an excuse; after we had been talking about it some time, she said, she would bring the whole of it; she said there was about twenty pounds of it; in the course of a little time she brought the whole of it; as soon as I saw it, I sent over for Mr. Buss, who had informed me of his loss, and desired I would stop it if it was offered me, he was not at home; I weighed it, it weighed twenty eight pounds; while I was weighing it, I asked her where she got it, if I was safe in buying it; she said, I was in no danger in buying it; if there was any danger she was in the most danger, by standing so long in the open shop; I asked her if it came from on board of ship; she told me, yes; that a man had left it at her house to fell; when my boy came back, and told me Mr. Buss was not at home, I told her if she would leave it an hour or two I would consider what the price was, and give her what it was worth; she told me she would not leave it, but would bring it again in about two hours; I let her take it away, and she brought it again; and told me to weigh it again that I might see she had taken none out; Mr. Buss was not come home, she said, was the reason of my not buying it before, because I was afraid; I told her, no; I was informed Mr. Buss had lost such a parcel the night before, and I would not buy it till he saw it; she said, she was sure it was not Mr. Buss's; I said, if she could make it appear it was not I would buy it of her; she behaved extremely well; she said, she would with Mr. Buss to look at it; Mr. Buss was not come home, but the lad (the last witness) came over, I was serving a customer, I bid him walk backwards and forwards, and see if that was the parcel they lost the night before; he looked at it, and said, he thought it was; she said, nobody should have it till an officer was sent for; then I sent for an officer, and he took her to Shadwell office; in the evening, Thomas Gee came into the shop, and told me, he came to me concerning the woman at the office; I asked him what woman; and he said, Barbara Gee, that was taken up for the article in question; I asked him if she was his wife; he told me, yes; and he said he had found the article I stopped that morning between five and six o'clock; I asked him where he found it; and he told me, in an alley, the back of Mr. Furlong's house; I told him that was not very likely, because the bag was very clean, as if just taken off the counter; and it was a moist morning, if it had laid there it would have dissolved; just at that time the officer came to me to attend the office, and we all went to the office together.

Q. Was the boy present and saw it weighed? - A. Yes.

JOSEPH WARD sworn. - I am a publican: The prisoner, Thomas Gee , came into my house between five and six in the morning, on the 18th of January, to get a pennyworth of purl; he brought a bit of stuff, it appeared to me to be white; he

was asking two men what it was; he took it up and put it in his pocket, and went out; it was about the size of my hand.

JOHN RYLEY sworn. - I am an officer of the Police at Shadwell: On the 18th of last month, I was sent for, by Mr. Kirk, to take the woman into custody, at the same time I took the property; the same evening I took the man into custody; the property is here. (Producing it).

Q. (To Ward.) Is that the same sort of thing the man had in his hand? - A. I cannot swear to it, I did not take notice; it appears like it.

Thomas Ger 's defence. I have been a watchman these fifteen years, within an hundred yards of where this gentleman lives; after five in the morning, I went into Mr. Ward's house and had a pennyworth of purl; going up an alley by my own house, this was lying at the back door of Mr. Furlong's, on the flag stones; I took a piece to Mr. Ward's house, and shewed it to a watchman, and asked what it was; he told me to go to Mr. Kirk's in the morning, and he would tell me what it was; I never was in the gentleman's house.

Barbara Gee's defence. My husband came home at fix in the morning, and said he had found a paper bag with something, he did not know what it was; I beg for mercy, as I have four children.

Q. (To the Prosecutor.) Do you know what this man's character is? - A. The man bears a very honest good character.

Q. How far is Mr. Furlong's, where this is said to be found, from your house? - A. I suppose two hundred yards, it is up an alley in Love-lane, I never was up the alley in my life.

Q. What was the situation of your shop from nine to ten o'clock? - A. The door was left on the latch; two or three customers had been in, and they might have left the door open; the prisoner has a large family, and is, I believe, a very industrious man; the sal-ammoniac is charged rather high in the indictment, if your Lordship, and the Gentlemen; of the Jury, can shew him any mercy, I shall be obliged to you.

Three other witnesses gave the prisoner, Thomas Gee, a good character.

Both NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. RECORDER.

Reference Number: t17970215-58

176. ANN CROCKER and SARAH CRUTCHLEY were indicted, the first for feloniously stealing a silver watch, value 5l. a base metal watch chain, value 12d. a silver seal, value 2s. a brass watch key, value 1d. a silver breast buckle, value 14d. a pair of silver knee buckles. value 2s. a silk purse, value 6d. a guinea, a half guinea, a French half crown, and six shillings in money, and a Bank-note of 10l. the property of Henry Ellis , in the dwelling-house of Ann Fulstead ; and the other for receiving a silver breast buckle and a silk purse, knowing them to be stolen .

HENRY ELLIS sworn. - I am in the West Middlesex Militia : On the 27th of January, I came home on a furlough from Canterbury -

Q. Where is Mrs. Fulstead's lodging-house? - A. No. 3, Church-street, St. Giles's .

Q. Do you know her Christian name? - A. No.

Q. Is she here? - A. No; I came into town at half past eleven o'clock at night, I was recommended there by a publican, of whom I enquired for a lodging; when I came to the house, I enquired for a bed, which was granted, she charged me a shilling; Ann Crocker shewed me the way to this lodging from the public-house.

Q. What is the name of the public-house? - A. I don't know, I am an entire stranger, it was in High-street, St. Giles's; the young woman of the house said she was only a servant, her mistress was not at home, and she could not take such money as I offered her, which was a French half crown; that young woman who is not to be found, lit me up to bed; when I came into the room, I asked if that was the bed I was to sleep in, she answered, there was no other bed, that was the bed I was to sleep in, which I found this woman in; I asked her whether I was to have any body to sleep with me, she said, no; I said there was a woman in the bed, she said that was the woman that shewed me to the lodging; I said I did not want any woman, I wished to sleep by myself.

Q. How could that happen, I thought she went with you to shew you the lodging? - A. Yes; she went and got into bed while I was disputing with the woman about paying her for the lodging; I told her I had marched fifty miles without rest, and wanted a bed to myself, and insisted upon it; the woman would not get out of the bed; I told her if she did not, I would throw her down stairs, I had hired the bed, and would have it to myself; with many words, she got out of the bed, and went down stairs; then I undressed myself and went to bed, putting my breeches, and the property I had in them, under the bed, between the bed and the sacking, and my knap sack under my head.

Q. What rank are you in the army? - A. A serjeant; the young woman that lit me to bed waited till I was in bed, and took the candle down with

her; in the morning I awoke between eight and nine o'clock, and feeling for my property, it was not under me.

Q. Did you secure the door before you went to bed? - A. I desired the girl to secure it, and I heard her lock it before I laid down; my breeches were by the side of the bed, and looking in them, I found I had lost my watch and my purse.

Q. Under what part of the bed did you put your breeches? - A. Under my bottom, as near as I could in the centre of the bed.

Q. Was the purse in your breeches? - A. Yes; looking further, I had lost my pocket-book and silk handkerchief.

Q. Was it a silk purse? - A. Yes; it contained a ten pound Bank-note, my furlough, the note it was wrapped in, a pair of silver knee buckles, a silver breast buckle wrapped up in a piece of linen; my watch was in my fob pocket, it was a silver stop watch, with a base metal chain, a silver seal, and a metal key; finding myself robbed about nine in the morning, I made an enquiry of several women in the house.

Q. Was Crocker one of them? - A. Yes.

Q. You saw her in the house the next morning? - A. Yes.

Q. Was the other girl in the house next morning that shut you door? - A. Yes; I enquired where I could get a constable, and I was directed, by a man standing at the door, to Tredway; I left the house and went for the constable, and he came with me.

Q. How long did you leave the house? - A. About two hours; in searching Crocker's pocket, he found the piece of linen the buckles were wrapped in; in the pocket of Sarah Crutchley was found the silver breast buckle in a pocket-book or housewife; she owned she had the purse in her bed, which was found there.

Q. Who owned it? - A. Sarah Crutchley ; she took the purse out of the bed herself; it was in the lower room in the same house; there was nothing in the purse; the constable has the buckle.

Q. Did any thing pass with these prisoners at the time these things were found? - A. I don't know that there did; Ann Crocker said to Crutchley, if I am the thief, you are the receiver; Crutchley said she gave her the purse and the breast buckle.

Q. Did Crocker make any answer to that? - A. No.

Crocker. Q. Where did you see me? - A. In the street.

Crocker. O! you false man.

Court. Q. Did not you say she was at the public-house, who was to shew you the lodging? - A. No; I met her in the street, she asked me where I was going; I said I was recommended to No. 3, Church-street; she answered she was going there, and she would shew me the way to the house.

Crocker. Q. If I ever went into the room with you? - A. No; you went forward into the room, and was in bed when I came into the room.

Q. (To the Prosecutor). Was it on the 27th you came to the lodging? - A. On the 27th, I left Canterbury; I came to the lodging on Saturday the 28th, at night.

EDWARD TREDWAY sworn. - I am a constable: On Sunday the 29th, about eleven o'clock, the prosecutor came to my house, and told me he was robbed; I sent for Mumford to go with me, and we went all three together, to No. 3, Church-street; when we went in, Crutchley was sitting at breakfast, and three or four more with her; I asked if they knew any thing of the woman that slept with the presecutor -

Q. What room were they in? - A. The lower room; the prosecutor slept in the two pair of stairs fore room; I asked about the girl that was with him; Mrs. Crutchley or another woman, in her presence, said, the woman that had robbed him, was a stranger, and they knew nothing of it.

Q. Do you mean Crocker? - A. Yes; they said they knew nothing of her.

Q. Was she there at the time? - A. Yes; I told her I would go up stairs, and see if there was any body there: Mrs. Crutchley told me I might; I went up stairs, and he shewed me the room he lay in, there was nobody there; while we were up stairs, a man standing at the door, called, Tredway, come down, for they are burning the note; I ran down directly, and asked the man who, and he directly pointed to Mrs. Crutchley, who was sitting by the fire-side.

Q. That man is not here, is he? - A. No; I took hold of her directly, and began to search her; she was very obstreporous.

Q. Did you observe any thing burning? - A. No, I could not; I took hold of her, and began to search her; Mumford held her; I found upon her this pocket-book, (producing it); and in it a silver breast buckle; the prosecutor said, if it is mine, it has a stamp upon the tongue; he looked at it and said, it is mine, I will swear to it; she then began to cry out to Crocker, what have you done, what have you brought me to.

Q. Did Crocker make any answer to that? - A. Not just then, I believe she did not; I asked her, what have you done with the Bank-note and purse; Crutchley said, I will tell you, I will tell you, the purse is in the bureau bedstead; we turned the bureau

bedstead round, and found the purse in it, that was in the lower room where they were at breakfast; Mrs. Crutchley was very much frightened, and abused Crocker, and Crocker said, you snitching b-b, if I am the thief, you are the receiver; then I searched Ann Crocker , there was nothing found upon her but some rags in her pocket, they were laid upon the table, and the prosecutor took up this piece of rag (producing it), and said he would swear that was the rag his knee buckles were in.

Q. You are sure it was taken out of Ann Crocker's pocket? - A. Yes, I believe it was.

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

Prosecutor. My buckles were in that rag in my purse, they had been in three or four months, I had no use for them; they were put in the rag to keep the breast buckle and knee buckles together.

Q. Can you safely swear to the bit of rag? - A. Yes; very safely.

Tredway. Mrs. Fulstead, the mistress of the house, wanted me to take her word for Crutchley's appearance; I said I could not; Crocker said, no, d-n her, let her come with us.

THOMAS MUMFORD sworn. - I was with the last witness; we went up stairs to see if we could find any thing; when we were up stairs, a man cried out, Tredway, come down, they are burning the note; we came down directly, but did not see any thing burning; Crutchley seemed to be very much frightened; Tredway took hold of her to search her, and she struggled a good deal; I took hold of her and held her hands, while Tredway searched her; he found that breast buckle; he then said, tell me where the watch and Bank-note are; she stopped a little while, and then they went to the bedstead, and turned it round, and this purse was taken out; Crutchley said to Crocker, what have you done; then Tredway and I searched the other woman; she said Crocker gave her the breast buckle and purse; when she said so, Crocker said, you snitching b-h, you are a snitch.

Q. What did she mean by that? - A. Them that turn evidence they call them snitches; then Tredway searched Crocker, I held her; only this piece of rag was taken out of her pocket; the serjeant stood by, and said that was the rag his knee-buckles were wrapped up in; we were going to take them to the watch-house; the woman of the house wanted us to take her word for Crutchley's appearing on Monday morning; Crocker said, no; come along, snitch, we will all go together.

Prosecutor. This is my buckle; it has a stamp on the tongue.

Q. Is that your purse? - A. Yes, I am very sure; it is a figured purse.

Crocker's defence. I never saw the prosecutor in the street in my life, till he came to the house where I was lodging; he came and asked if he could have a lodging; they told him, yes; he said he must have a wife too, and they pointed to me; he said, did they think he would have an old b-h, his mother; he was very much in liquor indeed; with that he chose another; she went up stairs with him for some time; he had no less than three women up stairs with him at different times, sending for liquor and drinking with them; he staid with them till two o'clock in the morning, then they all came down, and said nobody could agree with him; I never saw any more of the prosecutor till between eight and nine in the morning; the prosecutor came down stairs, and as I opened the door he said I have been served very prettily between you; I said, how have you been served; he said he had been robbed; that the person that robbed him was a tall thin woman; he went out about half an hour after, and brought in a man, not one of the witnesses, and desired to know the room where he slept; they called the maid of the house out of bed; she was in bed with a man, and the man asked him which of us robbed him; he said never a one; a little after eleven he came, with the two evidences; and Crutchley, having these things found about her, said, I gave them to her, which was very true, for in the passage in the lowest story I found the buckle and a piece of rag; I am as innocent as the child unborn; he is a false man.

Q. (To the Prosecutor). Did you see Crocker at the door, when you went out in the morning? - A. I saw her in the room.

Q. Why did you not stop her? - A. I was persuaded by the man this woman speaks of to go for a constable.

Q. Did you bring a man into the house before you went for Tredway and the other constable? - A. No, I only saw him at the door.

Crutchley's defence. The person who keeps the house was ill, and sent for me to abide in the house; Crocker was a lodger in the house; she came down at four o'clock in the morning, and knocked at my door, and said she wished to go out; I would not let her; I bid her turn round the bureau bedstead, and sleep there; she staid there till morning; about nine the prosecutor came down, and said he was robbed; between ten and eleven o'clock she brought me a purse and breast-buckle, and gave them to me; she told me she found them; when Tredway and Mumford came, a man stood at the door, and two or three in the house said, burn it, Saliy, or it will be found upon you; that was the purse;

I did not burn it, but I chucked it into the bureau; Mr. Tredway picked my pocket, and found the breast-buckle fire gave me; Mumford held my hands while he picked my pocket.

Q. (To the Prosecutor.) Did you give any alarm that you had been robbed, before you went for the constable? - A. Yes; both the prisoners were then in the room.

Q. (To Tredway). Do you know this house? - A. Yes, very well.

Q. What is the name of the woman that keeps it? - A. Mrs. Fulstead.

Q. What is her other name? - A. I don't know her Christian name.

Q. (To Mumford). Who keeps this house? - A. Mrs. Fulstead.

Q. Do you know her other name? - A. No.

Q. (To the Prosecutor). Were you in liquor? A. No, I had drank but two glasses of liquor that day; I was very much fatigued; I had drank no thing in the house.

Crutchley called four witnesses, who gave her good character.

Crocker, GUILTY (Aged 31.)

Of stealing, but not in the dwelling-house .

Transported for seven years .

Crutchley, GUILTY .

Transported for fourteen years .

Tried by the first Middlesex Jury, before Mr. RECORDER.

Reference Number: t17970215-59

177. WILLIAM MANNING was indicted for a misdemeanor .(The indictment was opened by Mr. Abbot, and the case by Mr. Garrow.)

GEORGE DELEVAUD sworn. - Examined by Mr. Knowlys. I have a post in the Custom-house: The prisoner was Clerk of the Postage regulation ; it was his duty to keep an account of letters inward and outward, and to pay such officers their craves for postage as have been allowed by the Board of Customs.

Q. You had that office before he entered into it? - A. I had, above a month; he entered into it the 9th of July, 1795.

Q. The account is kept in this way - debtor and creditor? - A. Yes; this is the original account; the whole of it appears to be kept in the prisoner's hand-writing, except the last column, containing the names of the persons to whom he paid the money.

Q. How long did he continue in that office before he was taken up? - A. He was taken up the 2d or 3d of December, 1796; he entered the office the 9th of July, 1795; he was put under my instruction, to qualify him for the office.

Q. You know his hand-writing? - A. I do.(Produces a parcel of craves for money). Every one of these craves are his hand-writing.

Q. What is the course of the business, as to the money received by the person, and afterwards accounted for by him? - A. There is usually 50l. entrusted to the Clerk of the Postage.

Court. Q. For the purpose of paying the officers their craves? - A. Yes, when they are allowed by the Board.

Mr. Knowlys. Q. When that sum, originally impressed, is expended, he applies for a fresh impress? - A. Yes.

Q. Who are the Commissioners of the Customs? - A. Thomas Boone, Esq. Welbore Ellis Agar , Esq. William Hey , Esq. Joah Bates, Esq. Sir Alexander Munro , Knt. Richard Frewin, Esq. William Stiles, Esq. William Roe , Esq. Francis Fownes Luttrell, Esq.

Cross-examined by Mr. Const. Q. All that I collect from you is, that the book is the hand-writing of the prisoner? - A Yes.

Q. And the papers are his hand-writing? - A. Yes.

Court. Q. The officer has 50l. in hand, when that is out he craves for 50l. more; how often does he make up his account? - A. Every time his crave is out.

Mr. Const. Q. Does he in his office give any security for the due performance of it? - A. Yes, he does; the sum of 500l.

Court. Q. What is his salary? - A. 100l. per annum.

Mr. Garrow. Q. For this duty, and this only? - A. Yes.(A crave read).

Honourable Sirs, - I humbly beg leave to inform the Honourable Board, the impress of 50l. granted to me the 14th of July last, to pay the officers, has been paid, except 4s. 7d. I humbly crave of the Board an impress, to pay the future demands.(The account in the book read.)

On the 16th of July, the sum of 2l. 3s. 4d. paid to John Wilkes .

21st of July, 1l. 3s. 6d. paid to John Wilkes .

21st of July, 4l. 5s. 2d. to Samuel Thackeray .

Q. (The Book shewn to the Witness). Look at the book? - A. That is the prisoner's handwriting.

JOHN WILKES sworn. - Examined by Mr. Abbott. I am clerk to Mr. Brown, Clerk of the Surveyors' books.

Q. Look at that book - do you find your name there? - A. Yes; Surveyor, 19 letters inward, and 12 outward, 2l. 3s. 4d. - John Wilkes .

Q. That is your signature? - A. Yes.

Q. Whether you are not in the practice of receiving postage-money for the use of your principal, Mr. Brown, Surveyor of sloops? - A. Yes.

Q. Was that 2l. 3s. 4d. paid to you at the time of the transaction? - A. I am going to look at a book, in which I kept the account.

Q. At the time you received the money, you signed your name? - A. Yes.

Mr. Garrow. Q. What is the nature of the memorandum you are going to refer to? - A. The account of the letters I received, and the money I paid.

Court. Q. What is the date in the book? - A. The 16th of July, 1796.

Q. Do you find any thing in that book of the 16th of July, 1796? - A. Between the 5th and 7th, 3s. 4d. and between the 7th and 15th, 3s. 6d. I enter this, before I make the crave.

Q. Have you any where in the book, about the 14th of July, a charge of the sum of 2l. 3s. 4d.? - A. I have not.

Q. Did you receive the 3s. 4d. at the time you delivered in the account, or some time after? -Some time after; I delivered the crave into the Board, and after their order I received it.

Q. Did you ever receive more than you put down in your memorandum? - A. Never.

Q. You never received more than the craves, and never craved more than you put down? - A. Never.

Q. You find in your memorandum, you mentioned a charge of 3s. 6d.? - A. Between the 7th and 15th of July, I delivered in to Manning an account of 3s. 6d. and that 3s. 6d. appears to be received.

Q. Look into the book, you will see a charge of 1l. 3s. 6d - did you receive 1l. 3s. 6d.? - A. I believe I did not.

Q. You craved the sum of 3s. 6d.? - A. Yes.

Court. Q. Did you charge no more to your principal, on that day, than 3s. 6d.? - A. I did not.

Court. Q. You are sure you received no more than 3s. 4d. the first time, and no more than 3s. 6d. this time? - A. I did not.

Q. Did you charge them more than this? - A. I did not.

Q. Did you receive more? - A. I did not.

Cross-examined by Mr. Raine. Q. When you have settled with Manning, have you not been allowed for subsequent sums? - A. Never.

Q. Has it ever happened to others that you know? - A. No, I do not.

Q. This bearing date the 14th before the next crave, has not more been paid you than was allowed by the Board? - A. Never to me.

Q. You never knew it happen? - A. Never.

Q. Don't you recollect a sum being added of 12s. and 9s.? - A. Yes; but there was a crave made prior to that, by Mr. Brown, and the Board made an order of payment.

Q. Are you sure it was not paid you by Manning before the crave was made? - A. No, it was not; I was paid on the day of my crave; the letter is, the Surveyor of sloops, for letters inward and outward, 9s; the next line, 12s. for one letter.

Q. The two sums were consolidated though by two craves? - A. Yes.

SAMUEL THACKERY sworn. - Examined by Mr. Garrow. I am clerk to Mr. Cooper, Solicitor for London.

Q. I find, of your's on the 21st of July, 4l. 5s. 2d. did you receive that sum; if you did not, what did you receive? - A. These are my original craves.

Q. They contain the whole you had a right to demand? - A. I paid 1l. 5s. 2d. I craved 1l. 5s. 2d.

Q. How much did you receive? - A. 1l. 5s. 2d.

Q. You are sure you did not, as this book imports, receive 4l. 5s. 2d.? - A. Yes.

Q. You are positive of it? - A. I am positive;(reads) Solicitor for London, inwards 2l, outwards 19, amount 4l. 5s. 2d.

Q. You are sure you did not receive 4l. 5s. 2d. only 1l. 5s. 2d.? - A. I am sure.

Q. You have the original crave that is indorsed with his hand-writing? - A. Yes.

Q. How came you to have your crave back? - A. It should have been left with the prisoner; I had omitted to enter them in my book at the time I delivered the crave, and therefore I borrowed it of the prisoner to enter it in my book.

Q. Whenever your craves were made, your letters were delivered as vouchers, for him to correct the craves? - A. Yes.

Q. Then the crave was kept? - A. Yes; and the vouchers returned to me.

Q. Did it ever happen, that you demanded or received more money than was disbursed, or appeared by the letters? - A. Never; he delivers a

slip of paper of the letters sent out, which has the mark of the Post-Office, that I deliver in; the letters inward, I deliver the letters themselves.

Q. It never can happen, that the sum paid to you exceeds your craves? - A. Never.(Mr. Const addressed the Jury on the part of the prisoner; the principal ground of defence was, that his accounts were unsettled, that it was a mistake, and that he had not had time to rectify it.)

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

Confined one year in Newgate , and fined 1s.

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970215-60

178. JOHN WOODMAN was indicted for obtaining money by false pretences .

NOT GUILTY .

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970215-61

179. ANDREW GREGG was indicted for wilful and corrupt perjury .

NOT GUILTY .

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: s17970215-1

The SESSIONS being ended the COURT proceeded to GIVE JUDGMENT as follows;

Received sentence of Death - 8.

John Brown,

Isaac Simmons , otherwise Bull,

Daniel Macaway,

James Marriott , otherwise Merritt,

Joseph Barnes,

William Winklin,

Richard White, and

James Craggs.

Transported for fourteen years - 1.

Sarah Crutchley .

Transported for seven years - 16.

William Whitehorn ,

Mary Caye ,

Thomas Haynes,

John Hickey,

John Biles,

Timothy Sullivan ,

William Jenkins,

John Brook,

Thomas Cutlan,

Thomas Joslyn,

John Smith,

John Macdonald,

John Jones,

Hugh Dealy ,

Ann Crocker , and

William Hickes .

Confined two years in the House of Correction , publicly whipped , and discharged - 1.

James Mellish .

Confined one year in Newgate , fined 1s . and discharged . - 1.

William Manning .

Confined one year in the House of Correction - 2.

John Connor , and William Brown .

Confined six months in the House of Correction , publicly whipped , and discharged - 1.

Joseph Rutledge .

Confined six months in the House of Correction , fined 1s. and discharged - 8.

Rose Phillips , James Needham , John Million , Sarah Turner , Margaret Connor , George Mallard , Bridget Hoare , and Elizabeth Paine .

Confined one month in Newgate , publicly whipped , and discharged - 1.

Thomas Broughton .

Confined one month in Newgate , fined 1s. and discharged - 1.

Mary Chamfield .

Judgment respited to enter into the Navy - 2.

Charles Hart , and John Smith .


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