Old Bailey Proceedings, 26th April 1797.
Reference Number: 17970426
Reference Number: f17970426-1

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 26th of APRIL, 1797, and the following Days, BEING THE FOURTH SESSION IN THE MAYORALTY OF The Right Honourable BROOK WATSON, Esq. LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY WILLIAM 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 LLOYD LORD KENYON , Chief Justice of His Majesty's Court of King's Bench; the Honourable Sir FRANCIS BULLER , Kinght, one of the Justices of His Majesty's Court of Common Pleas; the Honourable Sir BEAUMONT HOTHAM, Knight, one of the Barons of His Majesty's Court of Exchequer; 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 Majefty's Jutices 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.

Thomas Stokes ,

William Rogers

John Burioughs ,

David Shirley Beare,

Alexander Wilson ,

John Edwards ,

Matthew Stenson ,

George Whiteman ,

John Lomas ,

John Glover ,

Benjamin Mattingley ,

Samuel Kingston .

Second Middlesex Jury.

Richard Millington ,

Joseph Howe ,

Thomas Long ,

David Eggleton ,

Isaac Hulchinson ,

Richard Price ,

Joseph Leake ,

Joseph Newsham ,

James Scott ,

George Odell ,

Nathaniel Graves ,

John Hamilton .

London Jury.

William Ross ,

John Burton Lucas ,

John Hill ,

William Gee ,

Josiah Harris ,

William Taylor ,

Joseph Hunt ,

William Castle ,

Samuel Warmington ,

Thomas Flather ,

Joseph Wilson ,

Richard Hoskins .

Reference Number: t17970426-1

180. THOMAS BENNETT was indicted for forging an acceptance to a bill of exchange, for 93l. 8s. 4d. and uttering and publishing the same as true , with intent to defraud John and Benjamin Bond .(The indictment was opend by Mr. Knapp, and the case by Mr const.)

STEPHEN PATESHALL sworn. - Examined by Mr. Kanpp. I am clerk to Messrs. Bonds, bankers , in Exchange-alley, Cornhill.

Q.What is the firm of Mr. Bond's house? - A. John and Benjamin Bond.

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

When did you first become acquainted with Mr. Bennett? - A. In the early part of September last, in consequence of a recommendation, he was permitted to open an accont with us.

Q. Did he begin his account by a large sum of money? - A.Three hundred pounds.

Q. For some considerable time there was no overdrawing by the prisoner? - A. No; there was generally a balance due to him, I might say constantly, for a considerable time.

Q. Do you recollect how soon he began to over-draw? - A. I cannot, without referring to the books.

Q.Do you remember his coming to your house on the 13th of January last? - A. Yes; he paid in some bills on that day.

Q.What bills were they? - A. There were three bills of exchange.

Q. Do you recollect from memory, what the bill were? - A. No, not without referring to the books.

Q. Look at that bill, and see if that is one of the bills the prisoner paid in on that day? - A. Yes; this is one.

Q. Tell us what conversation you had with the prisoner when he paid it in? - A. I do not recollect any, the bills were received and carried to his account.

Q.How soon did you see Mr. Bennett again? - A. I do not recollect seeing Mr. Bennett from that time till the 16th, three days after.

Q. Tell us what passed then, respecting any of these bills? - A. Mr. Bennett came in to Mr. Bond's banking shop, and presented two drafts; when he gave him the drafts, which were for a considerable sum, I observed to him, that his accounts were considerably over-drawn, and desired him to walk into the accompting-house; in the interim, I turned to the accompt in the ledger, and found it was as I had supposed; when I went into the accompting house to Mr. Bennett, I told him the account was much over-drawn; he seemed rather surprised, and said, are not those bills I brought the other day discounted.

Q. He had only left the three bills you had been speaking of, on the 13th? - A. Only these three bills; he seemed surprised that they were not discounted; I told him it was not agreeable to discount those bills, he seemed rather vexed, and observed the warrants were a sufficient security for the money he wanted, as well as what was over-drawn.

Q. You had had other securities from him? - A. Yes; he pressed very much for the accommodation, it only being for a few days; in consequence of that, he had upwards of three hundred pounds.

Q. I believe, in consequence of some information, you went to the prisoner in the Poultry-Compter? - A. Yes.

Q.When was this? - A. The 31st of July.

Mr. Fielding. Q. You of course went to him in that melancholy place to obtain some discovery from him? - A. I went to enquire something respecting the bills we had in our custdoy.

Q. You went in order to derive some information respecting this matter? - A. Yes.

Q. Did you pity his situation? - A. I told him I was very sorry to see him in that situation.

Q. Have you frequently seen him? - A. Yes.

Q. Upon those occasions, you were rather impressed with a good opinion of him than a bad one? - A.Always.

Q.When you went to that place, I take it for granted, you believed that he would answer truly every question that you proposed to him? - A. I had no reason for forming an opinion upon it.

Q. You did not doubt but you should get the truth from him? - A. I do not recollect forming any opinion at that time, but if I had, I should rather have formed it unfavourable than otherwise.

Q. When you went in, do you recollect any persuasions that you made use of at that time, to disclose the whole truth? - A. No, none at all; I merely asked the question.

Q. Did not you encourage him to speak the whole truth? - A. No, not at all.

Q. No exhortation to speak the truth? - A. Not the least.

Q.you did not tell him what would be the consequence of prosecution? - A. No; I made no observation of the kind.

Q. How came he to unbosom himself to you then? - A. It was in consequence of a conversation we had with respect to some other securities in Mr. Bond's possession.

Q. You entered upon that conversation before, with respect to the other securities that Mr. Bond had? - A. The first conversation I had, was, with respect to his being in such an unpleasant situation, afterwards I spoke to him upon the state of his account, and its being considerably over-drawn.

Q. How long did the conversation, respecting the other securities in Mr. Bond's hands, last, before he unbosomed himself? - A. It was a very short time that I was there altogether.

Q. He craved your assistance did not he? - A. Yes; at the latter part of the conversation when I was nearly coming away.

Q. You made use of no expressions of that kind to him? - A. None at all.

Mr. Knapp. Q. Tell us, exactly as you recollect it, what conversation you had with Mr. Bennett, respecting the bill, how did you address him? - A. I told him I was extremely sorry to see him in that situation, speaking of his account having been over-drawn.

Q. Was every thing that he said respecting the bill that is now the subject matter of enquiry, in the same conversation? - A. It was.

Q. Can you separate it? - A. I will endeavour to do so; he said, Mr. Bond had other securities in his possession; I told him that I had discovered these securities to he forged; then says Mr. Bennett, I am a dead man, and I immediately added, I suppose the bills are of the same description.

Mr. Knowlys. Q. I believe, at this time, the individual bill we have now been talking of had been out of your house some time, had it not? - A. No.

Mr Knapp. Q. To that did he give any answer? - A. Mr. Bennett said, yes; he was certainly much confused when I made the observation.

Q.Look at this bill again, was that one of the bills upon which this conversaton took place? - A. Yes; there is the number of our bill book, and my own writing at the back of it.

Q.This being one of the bills that was talked of ninety-three pounds, what became of it from that time in present? - A. It was in my possession for several days.

Q. What did you do with that bill? - A. I delivered it to Mr. Gregson on the 9th of February.

Q. You only gave him one of that sum? - A. No; it has my name upon the back of it, which I wrote when the forgery was first discovered; they were all delivered over the same day, and my name is wrote upon one of them.

Court. Q. Did you put your name upon it the day you delivered it to Mr. Gregson? - A. Yes.

Cross-examined by Mr. Fielding. Q. Had this bill, which you delivered to Mr. Gregson, remained in your possession or in the possession of the house, from the time when it was brought in by Mr. Bennett? - A. Not only so, but in my own custody.

Q. From the time of its first being brought to your house by Mr. Bennett, till the time you delivered it to Mr. Gregson? - A No; from the time it was left to the discovery of the forgery it was in a bill-drawer; since that, it has been in my custody.

Q. It has not been in course of negociation? - A. No such thing.

Q. They were left by Mr. Bennett as securities? - A.They were entered short.

Q. You do not look upon any thing that is entered, as you call it, short, to be equivalent to a payment in cash? - A. No; but if a person draws upon the house we very often pay those bills that are not entered cash.

Q. You entered, however, the receipt of so much paper from Mr. Bennett? - A. Yes.

Q. And nothing more? - A. Certainly not.

Q. Did any conversation pass, at that moment, with you and Mr. Bennett about a negociation of them? - A. No.

Q. There they lay, and in consequence of some suspicion, that happened to affect this young man, you had a conversation with him, and then you delivered this bill into the hands of Mr. Gregson? - A. No.

Q. You had not put it into a course of negociation? - A. No.

Q. Nor Mr. Bennett demanded any money for it? - A. No; but he had over-drawn his account.

Q. Here is the bill, together with two others, that Mr. Bennett deposited at your shop, you take them and write them in short, that your house received those papers, in your book, and afterwards you do not offer to negociate those bills? - A.Certainly not; they would have lain there till they became due.

Q. Nothing, in fact, was done upon them? - A. Though we refused to discount them, they would have been an inducement to lend money upon.

Q. If Bennett had come to your house for the

papers which he had deposited there, and required you to deliver them, should you have persisted at all? - A. It is very likely that I should, as the account was over-drawn.

Q.This not being cash, but paper, lodged there, was it not subject to his demand? - A. Not under the circumstances of his account.

Q.Now, previous to your having any suspicion, should you have hesitated to return them, they not being cash? - A. If it had been cash there could not have been a doubt about it.

Q. Then no act whatever had been done upon the bill, nor was it presented for payment, nor any one endeavour made, either to discount them, or put them into any course of negociation? - A. The observation of Mr. Bennett wondering that they were not discounted, implied that he wished them discounted

JESSE GREGSON sworn. - On the 9th of February I received this bill from Mr. Pateshall.

Q.Have you had it in your custody ever since? - A. Yes; except while it was before the Grand Jury.

PETER GANDON sworn. - Examined by Mr. Const.

Q. Do you know Mr. william Caslett, sugar refiner, Great Garden-street, Whitechapel? - A. Yes.

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

Q. Look at the acceptance of that bill, and tell me if it is his hand-writing? - A. I do not think it is.

Q. Have you seen him write often? - A. A. Yes; I never saw any of his hand-writing like it.

THOMAS COX sworn. - Examined by Mr. Const.

Q. Do you know Mr. Coslett, sugar-refiner? - A. Yes, perfectly.

Q. Do you know his hand-writing? - A. I am very well acquainted with it.

Q. Look at that bill, is that his writing? - A. It is nothing like it.

Q. Look at the acceptance; is that like it? - A. That is equatty unlike it.

JAME LAYRON sworn. - Examined by Mr. Const.

Q. I believe you are one of the gentlemen to whom the prisoner was clerk? - A. Yes; he was clerk to my brother and myself.

Q. You know Mr. William Coslett ? - A. Yes.

Q. Look at that acceptance, and tell me if it is his writing? - A. I don't believe it is.

Mr. Knowlys. Q. Have you often seen him write? - A. I have been in the habit of receiving notes from him, and I have once or twice seen him write.

Mr. Const. Q. Do you know the hand-writing of the body of that note? - A. I have no doubt about the body of the bill being the hand-writing of the prisoner at the bar.

Q. Can you speak with certainty to the acceptance? - A. No (It is read).

London, January 10, 1797. 93l. 8s. 4d. Two months after date pay to my order 93l. 8s. 4d. value receiv'd in sugars. T. Bennett.

Mr. William Coslett, sugar-refiner, Great Garden-street, Whitechapel.

Cross-examined by Mr. Fielding. Q. This young man was clerk with you and your brother for some time? - A. Between five and six years.

Q. He was a young man of decent birth and education? - A. Yes.

Q. I take it all that time he deported himself properly? - A. I have no reason to say otherwise the whole time he was with us.

JOHN GRAVES sworn. - Examined by Mr. Knapp.

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

Q. Have you ever seen him write? - A. Yes.

Q. How often? - A. It is impossible for me to say; I am clerk to Mr. Layton.

Q. Look at that bill; whose hand-writing is that? - A. The body of it is Mr. Bennett's hand.

Q. Look at the acceptance? - A. I cannot speak to that.

THOMAS NASH sworn. - Examined by Mr. Const.

Q. You are, I believe, a collector of the taxes in Great Garden-street, Whitechapel? - A. Yes; I have been so about three quarters of a year.

Q. Do you know Mr. William Coslett of that street? - A. Yes.

Q. Do you know any other person of that name in that street? - A. No other, not a house-keeper.

Q. He is a sugar-refiner? - A. Yes.

Q. Is there any other Coslett a sugar-refiner in that street? - A. No.

Prisoner's defence. My Lord, I find myself so embarrassed with my present situation that I am unable to make a defence; I trust, therefore, you will give my advocates a hearing.

Court. That I cannot do; they can call your witnesses if your have any.

Mr. Fielding. (To Nash.) Q. You are well acquanted with Mr. William Coslett ? - A. Yes; I know him.

Q. Is he alive and well? - A. I have not seen him this week.

Q.However, a week ago he was alive? - A. Yes.

Q. You have not heard at all of his decease? - A. No, I have not.

THOMAS CARTER sworn. - I am a surgeon, at Walworth; I have known Mr. Bennett at least these seven years, during tht time I never heard any thing to the contrary but that he is a very honest sober young man, and a dutiful affectionate ton to a very unhappy parent.

SIMON WOODING sworn. - I am wine merchant, in Upper Thames-street; I have known Mr. Bennett fourteen years, I suppose, I have known him from a child of seven years old; I always esteemed him a very honest young man, I never heard a word against him, he has always behaved well to a family in great affliction.

THOMAS FISH sworn. - Examined by Mr. Knowlys. I live at Walworth; I do not know the prisoner at all, but I know his family very well.

JOHN ARNOLD sworn. - Examined by Mr. Knowlys. I am a school-master, at Walworth; I have known Mr. Bennett these ten years, he came to school to me in the year 1789; I never heard any thing against him before, he always bore a very good character; I never had a better pupil in my life for the time he was with me.

JAMES KING sworn. - Examined by Mr Knowlys I live at Walworth; I have known Mr. Bennett ever since he was six or seven years of age; he always bore the character of a good lad, and a very dutiful lad to his mother.

JOHN FAWCETT sworn. - I live at Walworth; I have known him from an infant, I have known the family these fifty years, I suppose; he has always borne a very good character.

WILLIAM GEORGE sworn. - I live at Walworth; I have known Mr. Bennett ever since he was in petticoats, he always bore an exceeding good character.

LESTOCK PEACOCK sworn. - I live at Walworth, and have known Mr. Bennett from a child, he went to school with my son; he was always a worthy young man, and very attentive as a son.

WILLIAM SMITH sworn. - I am a corn and coal-merchant, Bank-side; I have known Mr. Bennett about twelve years, he always bore a very honest character.

ROBERT HALL sworn. - I am a grocer, in the Borough; I have known him between five and six years, during that time, I have deposited large sums of money in his hands, and I have always found that he has applied them to the purposes for which they were deposited.

THOMAS OKING sworn. - I live at Walworth; I have known the prisoner about fifteen years,he always bore a very excellent character.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970426-2

181. ROBERT KINGSMORE was indicted for assaulting and obstructing in the execution of their office, George Pilcher and Robert Jones , officers of the Excise , on the 7th of December .(The indictment was opend by Mr. Knowlys, and the case by Mr. Fielding.)

ROBERT JONES sworn. - Examined by Mr. Knowlys. I am an Excise-officer: On the 7th of December, I was stationed at Robert's bridge, near Battle, in Sussex; between one and two o'clock on that day, I was at a public-house, called the Royal-Oak, at Warlington; I saw a cart with two horses going by, which I suspected was loaded with smuggled goods, and I took my horse out of the stable, and went towards Battle; I met Mr. Pilcher, and a serjeant in the Lanark and Dumbarton sencibles, we overtook the cart.

Q.Who was with the cart? - A. One Thomas Johnson; and another man, whose name I did not know, in another cart; I told Johnson I had an information, that he had smuggled goods in his cart; he said, I was mistaken; Mr. George Pilcher came to the tail part of the cart, and he examined the goods; he cut one bag, and pulled part of the contents out, and it turned out to be unmanufactured tobacco, which I put in my great coat pocket; we seized the cart, and went on with it to a place called Vine-hall , when Thomas Johnson stopped the horses; about forty yards off, Thomas Johnson called out loudly, that he would give my person ten guineas to fight us at that time; Robert Kingsmore, the prisoner, came out of the house and whispered something to Johnson, which I did not hear; in a little time after that, Johnson produced two double barrelled pistols, and presented one of them to me, and said, he would shoot me if I interfered any further; Mr. George Pilcher was in the cart at that time, then Johnson called to them to turn the cart round, which several persons did, and the prisoner was one of them, he said hold of the reins after the cart was turned round; Johnson said, he would shoot the first man that offered to follow them, I told him, I would follow him, because that was my way home to my residence; then he went into the cart, and Kingsmore gave him the reins and went up the hill, I think, about forty yards, when he returned with other; Mr. Pilcher said, Kingsmore, have you any thing to do with it? Kingsmore said, do you know me? yes, says he, I know you very well; d-n you, I wish you did not; or, I know how it would be, he said to Johnson, d-n them, do not let them have it.

Q. When Johnson offered ten guineas to any persons to assist him, how many might come out of the house? - A. I suppose four or five people.

Cross-examined by Mr. Alley. Q. At what distance might you be from the public-house when you met with Johnson? - A. I cannot say exactly, by it was not half a mile.

Q. I believe, when you first arrived at the house,

the prisoner was in the house? - A.Yes, I believe he was.

Q. There were a great many people about? - A. Yes.

Q. He had a cart there of his own with gingerbread, that he carried about the country, being a gingerbread-baker? - A. I believe it is so.

Q. This house was then shoeing at the farrier's? - A. I cannot say.

Q. The prisoner was taking some refreshment at the public-house? - A. I caanot say.

Q. It was quite a matter of chance that you went to this public house? - A. I was going to take the goods where they ought to be taken after they are seized.

Q. How long might you be detained on the road before you got to the public-house; you and Johnson had been scuffling? - A. No, we had no scuffling, only some words.

Q.Where abouts did you meet with the light-horseman? - A.Near Warlington.

Q.After you arrived at the public-house, did not you stop before the public-house? - A. Yes.

Q. And you and Johnson had a sort of scuffle there? - A. No, there was no scuffle.

Q. The prisoner was a stranger to you? - A. Yes; I know him perfectly well now.

Q. When Johnson offered ten guineas, had not he, at the same time, exclaimed, that two men had improperly stopped him, that he believed they were highwaymen, and wanted assistance? - A. He did so after, I believe, but not before.

Q.When did he say so? - A. After he had produced his pistols.

Q. Did Johnson produce his pistols before you produced your's? - A. No.

Q. How long might you have been detained in this business before Vine-hall? - A. About half an hour or nearly; he said, if they were his goods, they should not have them.

Q.This was after Johnson had cried out, that he believed they were highwaymen? - A. No; that was after all the conversation happened, that he said that.

Q. I believe Johnson made resistance, and you cried out to him to cut this man out of the cart? - A. Yes.

Q. And this light-horseman, I believe, made several cuts at the man in the cart? - A. No, he did not.

Q. The prisoner offered no sort of violence whatever to you? - A. No, none.

GEORGE PILCHER sworn. - Examined by Mr. Fieling. I am an officer in the Excise; I was in company with the last witness, we followed this cart; I went to the backside of the cart and saw some bags of tobacco, I cut one of them up; and, as soon as we saw what it was, we seized the cart and brought it back to Vine-hall before we came to Vine-hall, after we had seized it, Johnson begged for one horse, and I told him I could not do it; when we got to Vine-hall he begged for his great coat, I was then in the cart, I threw out the great coat; and then he said, I will give any body ten guineas to help me sight them; there were many people out at that time, and I believe the prisoner was out at that time; upon that the prisoner at the bar whispered something to Johnson, what I cannot tell; I said to him, Kingsmore, have you any thing to do with this business? I knew him before; says he d-n you, you know me, do not you? yes, says I; says he, I with you did not, and I Know how it would be soon; then, after that, Johnson produced his pistols, and said, some of our lives must be lost, for I would sooner lose my life than my goods; I then came out of the cart, and went to the public-house; he then presented a double barrelled pistol at me, he called out to the people to turn the cart, which they did, and Johnson stood then with his pistol in his hand, and threatened to shoot me; I thought then it was time to give it up; he went with Johnson a little way, and some others, and then he came back, and told me he had endeavoured to persuade Johnson to run away and leave us the cart; I told him he had better have had no business with it, as he might smart for it here after.

Cross-examined by Mr. Alley. Q. I was in the month of December last that this took place? - A. Yes.

Q. We have now got to the latter end of April; when was it the prisoner was apprehended? - A. I cannot recollect positively the day.

Q. He was not taken into custody at the time? - A. No.

Q.Nor for a considerable time afterwards? - A. No.

Mr. Fielding. Q. You made your report to the Boards first? - A. Yes.(Mr. Alley addressed the Jury on the part of the prisoner.)

For the Prisoner.

SEPTIMUS CAMPBELL sworn. - I am a blacksmith, in Vine-hall-street.

Q. Do you recollect this transaction? - A. Yes.

Q. Do you Know Kingsmore? - A. Yes.

Q. Do you Know Pilcher and Jones? - A yes.

Q. Do you recollect seeing them, and the prisoner, at Vine-hall? - A. Yes; Kingsmore did not aid or assist in any case.

Court. Q. Did not he take the horse by the bridle? - A. NO; he never touched the bridle, nor reins, nor any thing.

Q. There were a great many other persons there? - A. Yes.

Q.Do you remember Pilcher asking him what he had to do with it? - A. I do not recollect it; he might say so.

Mr. Alley. Q. Had you an opportunity of observing him all the time? - A. Yes.

Q. And he used no violence? - A. None.

Q.What is he? - A. A gingerbread-baker, and serves the country round.

Q. Does he bear a good character? - A. Yes.

Cross-examined by Mr. Fielding. Q. You knew Pilcher and Jones very well? - A. Yes.

Q. And you knew that they had seized poor Johnson's cart? - A. Yes.

Q. Did you see Johnson when he pulled out his pistols? - A. There was a man did, but I cannot say his name.

Q. How far up the hill did you go with the cart? - A. I did not go up with it.

Q. How many people went with the cart? - A. I cannot tell that any one did.

Q. Did nobody go away with it? - A. The man himself went with the cart.

Q. Did any body else go with it? - A. I did not see any body else.

Q. Did you stay looking on till the cart went away? - A. yes.

Q. Did your friend, Kingsmore, follow the cart? - A. I do not recollect.

Q. Might he do so and you not remember it? - A. I cannot remember that he did.

Q. Did he go part of the way up the hill with it? - A.Not that I know of; I saw the man go away with the cart, and I went away about my business.

Q. You did not afford any assistance to the officers of the Excise, I take it for granted? - A. Oh no, not at all.

THOMAS DENNETT sworn. - Examined by Mr. Alley. I saw the prisoner come to Vine-hall-street, and I saw the officer come some time after.

Q. Did you observe what took place? - A. They went by very peaceably, but I do not know what particularly passed.

Q. Did you observe the conduct of Kingsmore, whether it was quiet or riotous? - A. He was very quiet.

Q. What did you see there? - A. I saw the man belonging to the cart have pistols, and the officers too.

Q.Kingsmore had nothing in his hand? - A. No.

Q.Did you see him take hold of the reins? - A. No.

Q. Were you there all the time? - A. A little part of the time.

Cross-examined by Mr. Knowlys. Q. You took particular notice of all that passed? - A. I took notice while they were before my shop.

Q.Perhaps nobody touched the horses and cart; nobody turned the cart round? - A. The man turned it round himself with a pistol in each hand; Kingsmore went up the hill a little way, and spoke to Mr. Smith, but he did not touch any thing.

Mr. Alley. Q.Explain to the Jury how he turned the cart? - A. He shoved his head against the horse, and turned the cart.

NOT GUILTY .

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

Reference Number: t17970426-3

182. ANTHONY BOSWELL was indicted for feloniously stealing, on the 24th of February , a half-bound quarto printed book, value 17s. one other ditto, value 10s. one other quarto book bound in morocco leather, value 25s. one other quarto book bound in calf, value 8s. one other ditto, value 15s. one duodecimo printed book, value 31s. another quarto printed book half-bound, value 31s. another quarto book bound in sheep, value 40s. and one duodecimo printed book bound in calf, value 31s. the property of George Leigh and John Sotheby .

GEORGE LEIGH sworn. I am a bookseller , in partnership with John Sotheby , In York-street, Covent-Garden: Early in the month of March I lost a small parcel of books, which are specified in the indictment; upon searching the premises and not being able to find them, I concluded they had been delivered to somebody by mistake; in consequence of information some time after, I went to a bookseller's in Piccadilly, Mr. Stewart's where I found two books that I had lost, he was going to sell them by auction; he gave them up readily, and told me that the person who had sent them there for sale was in the room; he came forward, and said, that he had bought them of a stranger.

Q.What were those two books? - A.Warner's Albion's England, a quarto volume, and Sir David Lindsay's works, a small duodecimo; the manner in which I discovered the remaining seven was pretty similar to the manner in which I discovered the other two: a gentleman told me if I went to a bookseller's in Princes-street, I should there discover them, which I did, and they are now in Court; I found them at Mr. Stace's, in Princes-street, Leicester-fields.

Q. When was it you found those at the auction? - A. I believe, about the 21st or 22d of February, but I am not exact as to the time.

Q. When did you see the other seven? - A.Two days afterwards; the books have been in my possession ever since. (Produces them.)

SEPTIMUS EGLIN sworn. - I am a bookseller: The prisoner at the bar brought two books to me about the 10th of February, I am not quite exact

as to the day, I think he asked me seven shillings for them.

Q.Was that much under their real value? - A. It is much under what they sold for; but, I suppose, there is not one in an hundred who would have given more for them, or so much; Mr. Stewart, a bookseller in Piccadilly, called upon me a few days after, and told me he had a library of books that he was going to sell, and if I would put a few lots in he would be much obliged to me, that he had not enough to make out two day's sale; I told him I had a parcel of rubbish which I should he very glad to get shot of, and I sent these two among the rest, I attended the sale, and met Mr. Leigh there; we parted and met again in the evening at the Public-office, Bow-street; Mr. Bond said, I was in a very disagreeable situation, as I could not produce the man I had bought them of; I had lived with Mr. Lackington, where I had bought books of him several times, I knew his person well; the next day, as I was passing along Cattle-street, I very fortunately met the man; I asked him if he was not the man who had sold me two books; he asked me my name, I told him, and he said he did; I then desired he would go with me to the Public-office, which he refused at first; he made some trifling resistance, I took him by the collar, and insisted upon his going, I tore his coat a little, and then he said he would be very willing to go if I would let him walk on quietly; I took him to the office, and delivered him to one of the officers.

Q. Should you know these books again if you were to see them? - A. Yes, perfectly; these are the two.

MICHAEL STAGE sworn. - I am a bookseller, in Princes-street, Leicester-square; the prisoner at the bar, on the 8th of February, brought two books to me, and told me he had a large and valueable collection, but these were the only two he should part with at present.

Q.What were those two? - A.Patengenius's Zodrac of Life, and Turberville's Falconry; I asked him if they were his own, and he said I need not be afraid; that he was very well known to Mr. Stewart, down the street, who was a very good customer of his, and also was well known to Mr. White, in Fleet-street, to whom he was distantly related; that he had made this collection in his early days for his entertainment, and now, in his age, he was obliged to part with them from distress; he said he hoped he should be able to purchase them back again, and asked how long I would keep them; he expressed a with that I would keep them two months, in which time he should he able to purchase them back again.

Q. Did he say this of the two, or the seven? - A. He spoke of the seven; he asked me to keep these books two months, and he said he would allow me twenty per cent, for my trouble; I told him I wished he would not consider me as a pawnbroker, that if he came within a month he should have the books, and I would only charge him ten per cent; when I pressed him for his address, he did give it me, but very unfortunately I forgot to take it down.

Q. Had you those books of him? - A. Yes. seven books.

Q. Did you buy these books of him, the Vision of Pierce's Plowman, Fletcher's Purple Hland, Bulwer's Artificial Changeling. Evans's Mirror, and Scotch songs? - A. I did; I kept them by me till Mr. Leigh claimed them; I had sold one to a book-binder, and when I found they had been stolen, I gave him his money back, and returned the book to Mr. Leigh.

WILLIAM STEWART sworn. - I am a bookseller, I had an auction of a gentleman's library in the month of February; Mr. Eglin sent me some books of his to put into the same auction, he sent me fifty or sixty lots, among them were the works of Sir David Lindsey, and Warner's Albion's England; the books being upon view for some days, some gentleman informed Mr. Leigh that I had them, and he came to me and claimed them, and I delivered them to him.

Mr. Leigh. I know these are the books I lost, they are all of them books of a very rare description; in Fletcher's Purple-Island, thee is a manuscript note at the beginning, giving an account of the author, and in the Vision of Pierce;s Plowman, it says, perfect, except the title; these very books were part of the library of Mr. Dodd, the comedian, which I myself sold by auction; I had purchased them in the sale by commission, for a gentleman, they are very rare, and very uncommon books, and at the termination of the sale, I had tied these books up together.

Q.Had you bought them in your name or his? - A. I had bought them neither in my own name nor his; I had bought them in the name of Higgins.

Q. Had you any claim upon him till you had delivered the books? - A. None in the world, and then I have a claim of ten guineas upon him.

Prisoner. Did you ever see me in your shop but once, and that was about nine months ago, to enquire for an edition of Borlase's Cornwali, I never was in your shop in my life, except that time, nor I never attended any public sale.

Mr. Leigh. I never saw him till Mr. Eglin brought him to Bow-street.

Prisoner's defence. I have carefully concealed this from every friend, I have neither money to see counsel, not any thing else; the facts are re

duced to a very small point, I bought them of a Mr. Brav, and paid for them; I had bought books of him before in the same way, not that it is in the way of my profession, but I have a pretty good idea of these things.

NOT GUILTY .

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

Reference Number: t17970426-4

283. THOMAS HORNE and JOHN CHAPMAN were indicted for that they, in the King's highway, in and upon Thomas Piper , did make an assault, on the 15th of April , putting him in fear and taking from his person, a silver watch, value 3l. the property of the said Thomas .

THOMAS PIPER sworn. - I am a day labouring man : about a quarter before one o'clock in the night of Saturday the 15th of April; I had been at work at Gunnersbury, I went to the Red-lion, at Action, to part some money among my workmates; I had a pint of rim in my pocket for my wife.

Q. Were you quite sober? - A. I was not in liquor but what I new what I was about; I went out to the door to make water round the corner of the lane, and Chapman laid hold of me on one side, by the collar, and the baker on the other; the baker is not taken.

Q. You knew Chapman before, did you? - A. Yes; he shoved me right a-head down the lane, there were three of them; the baker knocked me down with a stick, Chapman on one side, and Horne on the other; the baker took the watch out of my pocket; I did not see Horne till the baker hit me upon the forehead, and the baker said then, d-n the b-r, kill him, then they all three ran away towards Gunnersbury; I came up on the Monday following to Bow-street.

Q. Did you give the name and description of the baker, at Bow-street? - A. Yes.

Q. Have you ever seen your watch since? - A. No; they never asked me for any money, I had only one shilling and three pence about me.

Q. When did you first give an account of this? - A. The Monday following.

Q. Were you quite sober enough to know these people? - A. Yes; it was quite starlight, and I was quite clear that they were the people.

Q. Had you ever seen either of these two men before that night? - A. yes; I have know Chapman, I suppose, two or three years, and I have known Horne pretty near two years, ever since he came to work at Mr. Wood's as a labourer.

Q. These two prisoners are both labourers as well as yourself? - A. Yes.

Q. How soon did you take them up? - A. The Monday following; I took Chapman myself upon Ealing-Common; I took him by the collar and told him he must go along with me, he was at a cricket match, he turned round and said he would cut my bloody head off; one of the runners took the other at Action.

Q. Were you ever robbed in your life before? - A. No; people gave out that I was robbed several times, that I had got a bad pocket, and the money slipped out of my pocket.

Q. Did you ever give evidence before? - A. No.

Q. Did you ever hear of any reward for taking a highwayman? - A. Yes; I dare say there is forty pounds, I suppose.

Q. When were you first told of that? - A. I have heard of that, I suppose, for many years.

Q. Did you tell Chapman what you had taken him for? - A. No; the runners did at the public-house, when they searched him.

Q. Did either of them say any thing, then you charged them with this robbery? - A. Not one thing at all, no more than what he said to me when I took him by the collar; I told him he must go with me, he said he would not, he would cut my bloody head off.

Q. Had you seen either of them that evening before? - A. Yes; I had seen them in the same public-house I was not in company with them.

Q. Did you happen to talk when you came out of the public house, which road you were going? - A. No.

Q.They did not come out of the public-house with you? - A. No.

Q. How long had you been out of the public-house before they overtook you? - A. Not two minutes.

Q. How much might you have been drinking that evening? - A. I cannot tell; I suppose I might have drank about three pints in the course of the night, but I am sure that would not make me drunk; I had been hard at work all that day.

Cross-examined by Mr. Knapp. Q.This is a pretty good job you have made this time, you have no other witness? - A. I am my own witness.

Q. And then expect you will be your own witness to eighty pounds you know? - A. I am very clear that they were the people.

Q. Do not you expect to get eighty pounds? - A. No. I applied to the runners.

Q. Do not you know you will be entitled to a share of eighty pounds? - A. If I have a right to it, I should give it to the runners.

Q.This happened on Easter Eve, did not it? - A.Easter Sunday was the day following.

Q.Where do you work? - A. At Gunnersbury; about half past seven o'clock, I received two guineas from my mistress.

Q. Upon your oath, what time did you get to the Red-lion? - A. Not till near eight o'clock.

Q. Upon your oath, were the two prisoners at the bar there when you came there? - A. I did not see them when I went in.

Q. Did you see them in the house at all that evening? - A.Yes.

Q. What time did you see them? - A. Soon after I came there.

Q. You got there at pretty near eight o'clock in the evening, and staid there till near one? - A. Yes.

Q. You told my Lord that you got a little rum in your pocket for your wife? - A.Yes.

Q. How much rum did you put down your throat? - A.None at all.

Q. How much beer did you drink? - A.About three pints in the course of the night, it might be more or less.

Q. In the course of five hours, and on Easter-eve, you drank no more than three pints? - A. I am almost sure of it.

Q. Upon your oath, do you know what you did drink? - A. I will not take a false oath.

Q. Upon your oath then, tell the Jury how much you drank above three pints that night? - A. I am sure I did not drink above a pint after eleven.

Q. Did you ever know a week's work settled in the world without wetting your whistle? - A. No.

Q. Who did you drink with? - A. My own company the men.

Q. Have you drank with either of the prisoners? - A. No.

Q. Upon your oath, you drank with neither of them? - A. No.

Q. Do you mean to stick to that, that for five hours on settling your pay and the work, you drank no more than three pints of beer? - A. I am sure of it.

Q. How much had you drank before you came there? - A. None at all, only a pot of beer that we allow ourselves at dinner time.

Q. Upon your oath, were you not completely drunk when you came out of the public-house? - A. I was not drunk, nor I was nor upon the turn neither.

Q. When you came out at the door, it was a star-light night? - A. Yes.

Q. You know all the persons that have been mentioned? - A. To be sure I did when they laid hold of me by the shoulders.

Q.You knew them before that time? - A. Yes, and I know them now.

Q.They used great violence to you? - A.No; they said if they got me down the lane,they would. kill me.

Q.They attacked you directly as soon as you got out of the public-house door? - A. Yes.

Q. Do you recollect how many persons you left in the house? - A. Only the landlord.

Q. Did you go back to the public-house to complain? - A. No; I went to Ealing common to call up Mr. Tyler.

Q. How far is that? - A. A mile.

Q.So you went to Ealing common? - A. Yes.

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

Q.Did you meet him that night? - A. Upon my oath I did not.

Q. No where? - A. No where.

Q. Nor you did not see him? - A. No.

Q. Nor did not charge him with being one of the persons that robbed you? - A. No.

Q.Did you see a person of the name of Taylor the next morning? - A. To the best of my knowledge I did not; I did not see him the next morning.

Q.Then you did not apply to Tyler to go with you the next morning to apprehend Shoesmith for being one of the persons concerned in the robbery? - A. I called upon Tyler to take Chapman.

Q.Did not you ask him to assist you in taking Shoesmith, he being one of the persons that you charged with committing the robbery upon you? - A. No, I did not.

For the Prisoner.

RICHARD SHOESMITH sworn. - I am a carpenter, I live at Ealing.

Q. Do you know the man that stood up just now, the prosecutor? - A. Yes.

Q. Do you remember seeing him the night of the robbery? - A. Yes; I met him just against Acton pond, about two o'clock in the morning; I said good morning to him.

Q.Did he appear to be sober, or drunk? - A. He was drunk.

Q. Tell us the conversation that passed between you? - A. I did him good morning, and I kept on the left-hand side of the road, and he on the righthand side.

Court. Q. Did you know him before? - A. I have seen him several times before; I crossed the way, and he asked me if I could tell how far it was to Brentford; I told him he knew how far it was as well as I did, and then I knew his tongue, he said, he should go to the Feathers and have a pint of beer; I told him he had better go to bed for two of three hours and then have a pint of beer; he caught me by the collar; I said, what is that for, and he said, d-n your eyes I will let you know what it is for, you are the man that robbed me of my watch; he detained me about an hour, and then he went and called up one Tyler.

Q.Was he really drunk or not? - A. He was drunk.

Q.He charged you with robbing him? - A. Yes; when he let go of me I went home, and be followed me, and called out stop thief.

Both NOT GUILTY .

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

Reference Number: t17970426-5

284. SAMUEL ALFORD and RICHARD BAILEY were indicted for feloniously stealing, on the 22d of February last, two cloth jackets, value 6s. two pair of trowsers, value 4s, and one pair of drawers, value 6d. the goods of Nathan Cohan , privily in his shop .

NATHAN COHAN sworn. - I keep a clothes shop in Rosemary-lane ; On the 22d of February, I lost the things mentioned, in the indictment, in the evening about nine o'clock; I had seen them about five minutes before, safe, I recovered them about a quarter of an hour after; my son gave the alarm, and I ran to his assistance; I went a good step, I saw the watchman with one of the prisoners, and my son with the other; I never saw either of the prisoners in my shop.

AARON COHAN sworn. - I am the son of the last witness; I was at home about nine o'clock, I saw nobody in the shop; my father seeing the door open, asked me if I had put away the things, I said, no; then says he, we are robbed; I ran down the lane we live in, and saw the prisoner going into a house; I caught hold of Alford, and he had a jacket under his arm when I caught hold of him; I saw Bailey come out of the house, not three minutes after; I gave charge of them to the watchman; Alford said, he found the bundle in the street.

NEALE MACKEW sworn. - I am a taylor; I produce two jackets, this is one of the jackets that were found; I was going down Rosemary-lane about my business, and Aaron Cohan called me to give him assistance, and he delivered those things to me. (The things produced).

Aaron Cohan . This is the jacket I took from Alford, this is my own mark upon it, I marked it some time before.

Alford's defence. I picked the jacket up in the street.

Bailey's defence. I had called at my master's, to tell him I could not come to work the next day, and these persons came up to me, and charged me with robbing the shop; I know nothing of the master.

Samuel Alford , GUILTY, Of stealing, value 4s. but not privily .

Transported for seven years .

Richard Bailey, Not GUILTY .

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

Reference Number: t17970426-6

285. GEORGE BOYDEN and THOMAS PAYNE were indicted for stealing, on the 28th of March last, twenty yards of cloths, value 20s. the goods of Elizabeth Roles , Spinster , privily in her shop .

ELIZABETH ROLES sworn. - I live at No. 51, Bethnal-Green ; I keep a haberdather's-shop , and deal in lines and stockings; I lost on the 28th of March last, a piece of cloth, containing twenty yards; between nine and ten o'clock in the morning, two men came into the shop, and purchased a pair of stockings, and paid three shilling and sixpence for them, and a skain of thread for a halfpenny; I missed the cloth immediately after they quitted the shop, I went to the door and informed a neighbour of mine, John Biggs , and he apprehended them.

JOHN BIGGS sworn. - I produce the cloth, this lady, informed me of the two men; I went after them, and cried stop thief, and Thomas Payne dropped a piece of cloth from under his coat; I took up the cloth, they both run away; I cried, stop thief, and took them and brought them to the watch-house; I have kept the cloth in my possession ever since. (The cloth produced).

Elizabeth Roins . This is my property, there is no mark on it now, but there was one when they took it, there are twenty yards of it.

JOHN LEE sworn. - I was at work at Mr. Tunnis's fields, a gentleman called out, stop thief, I am across the fields and stopped these two men, I held them both, they wanted to get away.

Bayden's defence. I was going to my uncle's, as I was going, I went to this lady's shop and bought a pair of stockings, and paid for them, and these men catched hold of me, and told me I was a thief.

Payne's defence. I was going along, and I went into the shop, and asked the price of some shawls, but there were none that suited me, I went away, and they took me.

George Boyden, GUILTY, (Aged 26.)

Of stealing to the value of 4s.

Thomas Payne, GUILTY. (Aged 24.)

Of stealing to the value of 4s.

Transported for seven years .

Tried by the first Middlesex Jury, before Mr. Justic BULLER.

Reference Number: t17970426-7

286. ELIZABETH O'CONNOR was indicted for feloniously stealing, on the 17th of April , ten yards of printed cotton, value 30s. the property of John Patrick , the elder, and John Patrick , the younger, privily in their shop .

JOHN PATRICK sworn. - I am a linen-draper , I live at No. 13, Mary-le-bonne-street , myself and son are partners: On the 17th day of this

month, I lost some printed cotton, about ten yards, between the hours of five and six o'clock in the afternoon; I was in the shop serving a customer; the young man who served the prisoner can give you a better account of her; I heard him talk; to her, and she went out of the shop, the shopman followed her, and brought her back; he took her by the arm, and the two pieces of cotton fell upon the pavement, I did not see them fall.

EDWARD PRICE sworn. - I am shopman to the last witness, I saw the prisoner at the bar in our shop; on the 17th of this month; she said she came for a piece of cotton to make her a gown, I shewed her different patterns, and she offered me less than I could afford to take; she did not buy any thing.

Q.Did you see her take any thing when she was to the shop? - A.I did not miss any thing. I followed her out of the shop, and took hold of her arm, and asked her if she would give more for the piece she had been looking at.

Q.Then you did not follow her under any suspicion that she had robbed you? - A. No; when I took hold of her arm, two gown pieces fell from under her arm. (The two pieces of printed cotton produced).

Q. Did you pick them up? - A. No, she picked them up, and came back to the shop; I asked her if she had taken any more, she said, no; she laid them upon the counter; they were valued at thirty shillings, but they are worth more money; they have been in Simms's custody ever since.

WILLIAM SIMMS sworn. - I am a peace-officer; I produce the property.

Q. Who delivered them into your custody? - A. Mr. Patrick.

Prisoner's defence. I went into the shop with an intention of buying a piece of cotton, I offered him within two shillings of what he asked me; I know nothing at all about taking the things.

GUILTY . Death .

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17970426-8

287. JOHN TULL was indicted for that he, on the 29th of March , in the King's highway, in and upon George Lee , did make an assault, putting him in fear, and feloniously taking from his person, ten pair of trowsers, value 52s. the property of Parmenus Higgins , and a linen bag, value 2d. the property of Edward Lee .

GEORGE LEE - Q.How old are you, my boy ? - A.Going in my thirteenth year.

Q. Do you know what it is to take an oath? - A. Yes; I have taken my oath four times(sworn.) I am son of Edward Lee, a taylor ; I was going to Mr. Higgin's with some property of his, between seven and eight in the evening; as I was going along Lincoln's-inn-fields, there were four men followed me from Hemlock-court; only one man stopped me, and shoved me down, I said nothing to him, and he pulled the bundle from me, the three men turned down Duke-street, and this gentleman also, (pointing to the prisoner), and I called out, stop thief; it was a dark, blustering night; he staid about a minute, he began swearing, and I thought it was better to let the bundle go; I can swear to the prisoner, it was done under a lamp, I followed him as well as I could, I never lost sight of him.

Q. Did you see him drop the things? - A. Yes, I did, about five or six yards before me.

Q.Who stopped him? - A. John Leach .

JOHN LEACH sworn. - I stopped the prisoner between seven and eight o'clock, the bottom of Lincoln's-inn-fields; I was going on my master's business, I heard a boy cry out, I thought somebody had been beating him, then I discovered him crying out, stop thief, and this man passed me with the bundle, I went after him as fast as I could, and about three yards distance from him, I saw him drop the bundle, and he turned out of the main road towards the iron pales; I laid hold of him, and he struck me on the face; I took him by the arms and gave him a shake, and secured him. (The things produced).

Q. Are these the things you picked up? - A. Yes.

Q.(To Lee.) You cannot swear to these things yourself? - A. Yes; those were the things taken from me.

PARMENUS HIGGINS sworn. - Those things are your property? - A. They are my property.

EDWARD LEE sworn. - I am the father of the boy; I sent him on the 29th of March, to Mr. Higgins; those are the things he brought back to me.

Prisoner's defence. I was coming through Lincoln's-inn-fields, I was rather in liquor, the man that took me, said, I had robbed the boy, I never saw the boy in my life before; I have no witness, I did not think I should be tried to day.

GUILTY Death . (Aged 26.)

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

Reference Number: t17970426-9

288. ANN DOUGHTY and ELIZABETH NEAVE were indicted for stealing, on the 24th of March last, one pair of leather shoes, value 3s, 6d. the property of William Howard .

WILLIAM HOWARD sworn. - I keep a broker's shop in Trinity-lane ; I lost a pair of shoes from the door, the 24th of March, between three and four o'clock, I saw the tallest woman untie them, but I took them from the shortest woman.

Ann Doughty's defence. I know nothing of the property.

Elizabeth Neave 's defence. I met this woman in Whitechapel; I saw the shoes lay upon the ground, but I never had the property in my hands.

Ann Doubty , GUILTY (Aged. 41.)

Of stealing to the value of 10d.

Elizabeth Neave, GUILTY (Aged 35.)

Of stealing to the value of 10d.

Confined six months in the House of Correction , and fined 1s.

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

Reference Number: t17970426-10

189. PHILIP DYKE and WILLIAM SMITH were indicted for that they in the King's highway, in and upon Henry Askew , Esq. did make an assault, upon the 13th of April , putting him in fear, and taking from his person a man's hat, value 20s. and a walking-stick called a cane, value 3s. the property of the said Henry.

(The prisoner Smith being deaf and dumb his brother was sworn as an interpreter).

(The case was opened by Mr. Const).

Captain HENRY ASKEW , Esq. sworn. - Examined by Mr. Const. Q. I believe you are in the guards ? - A. I am. On Thursday the 13th of April, between twelve and one o'clock in the morning, at the corner of Brook-street , I was hustled by four men; I asked them what they wanted; and to the best of my recollection, they made use of a few oaths; and Smith, one of the prisoners at the bar, rushed forwards and took my hat off my head; having a stick in my hand I immediately struck him; they then seized upon me, and knocked me down.

Q. Do you know exactly which seized you, and knocked you down? - A. I cannot exactly say, but Smith was one of them; they wrenched the stick out of my hand.

Q. Where did they strike you? - A. In the side; they made off; I then pursued them down Brook-street.

Q. Did you strike either of them? - A. Yes; I Struck Smith on the side of the head, so as to occasion a great deal of blood; I then pursued them, they ran different ways, I never lost sight of the two prisoners at all till they were taken by a watchman; when I came up, there was the blood upon his face occasioned by my striking him.

Court. Q.When did you first observe the prisoner Dyke, after they ran away? - A. At the corner of the street.

Q. Did you observe Dyke, as well as Smith, at the time you were knocked down? - A. Yes.

Cross-examined by Mr. Alley. Q. This was a little after twelve at night? - A. Between twelve and one.

Q. I understand you to speak only to the unfortunate deaf and dumb prisoner? - A. I never lost sight of them.

Q. But the person you struck was Smith? - A. Yes.

Q.I take it as to the persons of the others you could not speak positively to them? - A. I never lost sight of these two.

Q. But I dare say other persons ran; the watchmen ran, did not they? - A. Yes; I was very near them at the time.

Q. I take it you must have been a great deal agitated and confused? - A. Yes, I was.

Q.Therefore you will not swear, when the life of the man is concerned, that Dyke, was one of the persons that struck you? - A. Yes; to the best of knowledge he is.

Q.What sort of a night was this? - A.Rather moon-light.

Q. I don't mean to be offensive, but you had been in company, I suppose? - A.- Yes.

Q.You were returning home from dinner? - A. Yes; I had drank about a bottle of wine, I suppose.

Q. A bottle of wine, now and then, makes a man a little merry? - A. I was perfectly sober.

Q. Do you mean to say that Dyke was particularly active? - A. He and the other persons talked together.

Q. You do not mean to say that the prisoner Smith made any signs, or any thing of that sort, to the other prisoner.

Court. Q.Before you were knocked down you were hustled? - A. Yes; and then I was knocked down by the whole party together.

Mr. Const. Q. The whole four were active, and these were two of those four? - A. Yes.

TIMOTHY O'DONNELL sworn. -Examined by Mr.Const. I am a watchman of St. George's, Hanover-square; On Thursday night, the 13th, I heard Captain Askew pursuing two men in Bond-street, calling watch, and stop thief.

Q. At that time, did you see who he was pursuing? - A. I did not take particular notice of the dumb man, but I did of the other, Dyke, he was then running round the corner; I ran after him, and sprung my rattle, another watchman in Cork-street stopped him; I went up and took him into custody.

Q.When did you see the other man, Smith? - A. When he was taken; the dumb man came up to the other watchman and made a motion, and Captain Askew came up, and said he was one of the party, and then we took him into custody.

Q.What did you find about him? - A. Nothing.

Q.What hat had he on? - A. His own.

Q.Had either of them any other hat than their own? - A. No.

Q. Who went with you to the watch-house? - A. Ireland, Halliday, and Evans; in the morning, when it became day-light, about five o'clock, I and two of these men found this hat in the area with some blood upon it.

Q. Did you observe Smith's head? - A. Yes, it was cut.

Q. Did you see the prisoners pass the place where you found the hat? - A. It was in the same street.

Cross-examined by Mr. Alley. Q. I believe you are a thick-headed Irishman? - A. I am an Irish-man.

Q. Where was it you found this hat? - A. At the end of Vigo-lane, near Bond-street.

Q.These men had not been into Vigo-lane? - A. Yes, they had.

JAMES IRELAND sworn. - Examined by Mr. Const.

I am a watchman of St. James's parish; Between twelve and one o'clock I heard the rattles go from St. George's parish, I was sitting upon a bench in my box, in Cork-street, nobody could see me; I heard a cry of stop thief, and Dyke came running up, and I met him and laid hold of him; he came up Vigo-lane from out of Bond-street, and so turned into Cork-street, and there I stopped him; Captain Askew and the St. George's watchman came up almost immediately.

Q. When you had Dyke in custody, how soon after did you see Smith? - A. In about three minutes after; as we were going to the watch-house with Dyke, Smith came up between Vigo-lane and Cork-street, just at the corner; he came up and made some signs to Dyke, he put his hand up to his head, I suppose, to tell him he had been hurt; when we were going to the watch-house, says Dyke, d-n my eyes if it was me that struck the gentleman, or took his hat off, for it was the deaf and dumb man.

Q. Are you very correct in what you now say? - A. Yes, I am very sure of it, as we were conveying him to the watch-house; I naturally thought that we had got this deaf and dumb man in custody, and I desired him to be taken into custody immediately.

Q. Do you know whereabouts O'Donnell found the hat? - A. Yes, I was witness to it; it was down an area in Cork-street.

Q.Must he have passed it in order to get to where you saw him? - A. Yes; the deaf and dumb man made signs to the captain, as if it was the captain that had hurt him, and he pointed to Dyke likewise.

Cross-examined by Mr. Alley. Q.This poor unfortunate foolish deaf and dumb man walked up to you when you were all together as if nothing was the matter? - A. Yes, he met us.

Q. The poor man, as if he did not know what he was about, came up to you, and walked with, you? - A. Yes; he endeavoured to make his escape, and so did Dyke, till the patrol took out his cutlass.

GEORGE HALLIDAY sworn. - Examined by Mr. Const. Q. When Dyke was in custody, and going to the watch-house, do you remember his saying any thing? - A. I went up to Cork-street and secured him by the collar; in coming along, he seemed very obstinate, and wanted to make some resistance; I took out my cutlass, and told him I would lay his head open, and then he went very quietly; he said it was not him, that it was the deaf and dumb man that knocked the gentleman down.

Q. Are you sure you are correct in that? - A. Yes, I am.

Q. Do you know where the hat was found? - A. Yes.

Q.Must they have passed that spot? - A. Yes, they must.

Cross-examined by Mr. Alley. Q.You took these two men into custody and do not know which way the other two men went? - A. No.

Q. And therefore they might have gone this way and thrown the hat there for any thing you know? - A. They might.

Court. Q.Were you at the watch-house? - A. Yes.

Court. Q.Had they each a hat on at the watch-house? - A. Yes.

Mr. Const. (To Captain Askew.) Q. Look at that hat; is that the one you lost? - A. It is, I am perfectly sure of it.

Q. Dyke's defence. I had been at a public-house in Green-street, and stopped there and had my supper, till half past eleven o'clock; I was going along Oxford-street and Smith overtook me, and was going the same way as me, and we past that gentleman; I believe that gentleman was drunk, he tumbled against us, and the dumb man turned round to look at him, and then he struck him with his stick; the dumb man did not offer to hit him again, but he called the watch, and I made off then.

Smith's defence. (Interpreted by his brother.) I went to get between two people, and one of them struck me upon the head; the gentleman tumbled down, and I saw the hat but I do not know whose it was, I kicked it before me; the other man and I were walking along together; the gentleman struck me with a stick several times.

For Dyke.

HENRY THORNGATE sworn. - I keep the Pelham-Arms, in George-street, Grosvenor-square: He was a lodger of mine for three years when I kept the Roe-buck; he always paid me very honestly, and was very seldom out after eleven; he has not lodged with me since I have been in this

house; the night that this happened he supped at my house, in the bar, along with me and my wife, and another gentleman.

Q. Was the other prisoner in company with him? - A. No, there was nobody with him; I perceived he was in liquor, and my wife wished him to stop all night, but he could not think of sleeping from home.

Mr. Knapp. Q. What time did he go away? - A. At half past eleven.

Q. You never saw any thing of him afterwards? - A. No; he is as worthy a fellow as ever lived, he was very much intoxicated.

The prisoner Dyke called three other witnesses, who gave him a good character.

Three witnesses were called for Smith, who gave him a good character.

Both NOT GUILTY .

Tried by the second Middlesex Jury, before

Mr. RECORDER.

Reference Number: t17970426-11

290. JOHN CHRISTIE was indicted for the wilful murder of William Blake , March the 29th .(The indictment was stated by Mr. Knapp.)

Mr. Fielding. May it please your Lordship. Gentlemen of the Jury. it must be with very deep concern, that you find your attention now engaged upon a charge of murder; it is my duty to inform you, that every circumstance attending this unhappy deed, will demand of you a most solemn, patient, and comprehensive investigation, for, upon the bearing of very minute circumstances, establishing particular facts to your satisfaction will depend the application of the law, as you will receive it from the learned Judge; according as those facts fall within the contemplation of the law in different modes in which the law has considered the death of man, either as the facts will amount to the crime of murder, or as they may only amount to the crime of manslaughter, or the less criminal and less culpable offence of homicide. Gentlemen, upon this melancholy occasion, the person deceased, was a seaman in the King's service, and was employed in what they call a press-gang: but, upon the present occasion, from the particular circumstances of the case, you will not have to hear from the learned Judge, that clear authority, established where the execution of a power is entrusted to an officer of the navy, for the purpose of impressing seamen. Gentlemen, I will not call your attention to the case of the man, as it might arise, by possibility, under the contemplation of a murder, arising from doing an unlawful act. If, upon the present occasion, the clear authority established by law had been in the possession of the party, most undoubtedly his crime would have arisen to a murder upon a very different account than that which I shall take the liberty to state.

Gentlemen, on the 29th of March, the deceased was part of a press gang, under the immediate command of a midshipman, a Mr. Pritchard, not having with them the superior officer of the press-gang; if the lieutenant had been there, the case would have worn a very different complexion; however, as is very customary, the midshipman, together with a part of the gang, were dispatched upon that most disagreeable and dangerous service of endeavouring to impress seamen either upon the river or wherever they might be found: in consequence of an order given to this midshipman, he went in his boat with five of the gang with him down the river, and landed at Poplar; when they landed there, the gang were suffered to go into a public-house to refresh themselves; the midshipman took his station at the door, and had not been very long there before he saw the prisoner at the bar passing; he took him for a seaman, and concluded he would be a fit object of the impress service, although he was not armed with the especial authorities that the law requires, namely, the commission from the Admiralty, for that purpose, which is alone intrusted to the lieutenant of the navy, who was not present; they were then about doing that which would not have been strictly legal, but as is customary, to take men where they could be found, whom he supposed to be proper objects of an impress. Gentlemen, I am sure, to men of your description, I need say very little upon this necessity, and it is a necessity to be deplored, but still it is a necessity, and it is a necessity perfectly established in the very elementary principles of every state, and confirmed by the wisest and most temperate minds for a long time back in this country, to be com prisoner legal and constitutional, but I wish to give the prisoner every advantage of considering this matter not under a legal authority, but as a matter passing between indifferent men. The midshipman, as soon as he saw the prisoner pass, called his men from their place of refreshment; the signal which he gave them, was in the sea language, "all talk," which is a phrase they use on board-a-ship; the deceased came from the house, the other part of the gang came one after the other out of the house, and Mr. Pritchard, the midshipman, followed the prisoner at the bar; before they came up to him, he turned upon them, he presented a pistol towards them, told them, that if they approached he would fire; the midshipman was evidently a man of courage, the gang were likewise men of courage, they were not dismayed by this menace, they insisted upon passing him, he insisting, with his pistol presented towards them, that they should not pass, he swore he would shoot the first man that advanced: Mr. Pritchard, the midshipman, expostulated with him, and desired, that if he was determined to shoot, that he would shoot him, and not the men. Blake, the deceased, being a man of this fortitude, which I have hinted at, he swore in language but too customary with these men, d-n my eyes, but I will pass, the King's highway is as free for me as you; he therefore was attempting to pass, and in that attempt, he was shot by the prisoner at the bar.

Now, Gentlemen, I take it for granted, that you yourselves will conclude immediately, that the prisoner at the bar knew these men were a press-gang, and that Mr. Pritchard,not with standing it would not have been a strictly justifiable and legal authority, when it was enquired into, was about to impress this man if he had turned out to be a proper object. Gentlemen, you are here called upon to exercise a very considerable degree of caution, under the direction of the learned Judge, the

apprehension of this man cannot amount to any justification, in point of law, for an act that leads to the death of another; that he might have apprehension that these men were about to impress him, cannot, in any possible contemplation of the nature of the human mind, admit, in a Court of Justice, of a warranty for what he has done.

Gentlemen, I admit that the design most probably was to impress this man; but it is no more upon design than upon an apprehension in the mind, that the solid wisdom of the law establishes a resting place; a design in the mind must be manifested by acts before it can become either praise-worthy or blameable. In this particular case, for it is always best to consider the particular case, and not at all to deal in the abstract; in this particular case, the only manifestation of the design of the press-gang, which could have held out any possible excuse for any degree of violence, infinitely short of the fatal act that we have to complain of here, must have been carried into a degree of force, affecting his person, and restraining his liberty, no such thing happened here; he himself, whatever his apprehensions were upon this occasion, was the first aggressor, and the last.

Gentlemen, the learned Judge will be very well aware of a case which happened so long ago as the year 1749, where a press-gang boarded a shop at Bristol without the proper officer, intrusted with the King's authority, being with them; there the distinction arises manifestly at once, they boarded the ship; so here, if the man had been on board a ship, and this press-gang had gone there without legal authority, then the case would have squared with that determination of which the learned Judge is apprized. In another case, if the prisoner had been in his house, and had been there assailed, or any attempt had been made to have forced into his house, there the case would have squared with that determination likewise; but here, upon the open way, where he might have gone about his business, where he might have attempted to have escaped by swiftness, to turn about, with the men advancing at some distance, threatening to shoot them if they approached, was a degree of rashness, accompanying his apprehension, most criminal indeed. Why, then, Gentlemen, as to the time taken up in this, that will remove the case from every possible consideration in the law which constitutes the crime of man slaughter; for the ingredient in manslaughter is a sudden uncontroulable gust of passion; here there is not that ingredient, for it is predetermined; he turns about, threatens them if they approach that he will shoot them, he having not right, nor pretence of right, to turn about in that situation; and afterwards, executes his purpose, fires the pistol, and kills the man.

Now, Gentlemen, the crime of murder derived from malice aforethought, that malignity which seeks the life of another, I am afraid but too often must make its appearance here. Gentlemen, you find then, in this situation, that the prisoner stands not warranted in any degree, by any manifestation of their design, by any force used towards his person, by any attempt towards the restraint of his liberty; he, on the contrary, is rather the person, that restrains the liberty of those who are desiring to approach, makes use of menace, in order to manifest the intention of his mind, and, therefore, instead of having any one circumstance that can hold out a pretence of excuse for turning in that situation, for presenting his pistol, more particularly less for firing that pistol. - You find that the main ingredient of a murder here makes its appearance, that of the execution of a wicked purpose from a malice aforethought, from a predetermination that if that was done, which he himself chose to prohibit, that he would fire his pistol, which firing causes the death. Gentlemen, here the case stands for your contemplation, as between indifferent men; if it be possible, under the direction of the learned Judge, that you can find a degree of excuse for this rashness of his, I am perfectly contented that men of your description should receive and give him every possible advantage of such a contemplation. But, Gentlemen, you must in order to come at a perfect knowledge, as for as human beings are capable of coming at the knowledge of what passes in the mind of man; you must advert to some circumstances antecedent to this-that he was armed, not only with a pistol, but likewise with a sword. Gentlemen, having fired his pistol at Blake, the ball having wounded him, of which wound he afterwards died, Blake being a man of courage then struck him with a whip; upon which he instantly, with the butt end of his pistol, knocked Blake down; then it was, that another of the gang, Thomas, rushed upon him, seized the stick which Blake had before held, and knocked him down; in falling he attempted to draw the sword which he had, and as it was afterwards declared by him, if it had not been for the wresting of that sword from him by the hand of power, with that sword he was determined to have killed the midshipman.

Gentlemen, in a case of this sort, you will naturally expect, where a scuffle takes place, where the whole of the business is not so accurately seen by all as by some, that there must be shades of difference in the testimony of the witnesses; Mr. Pritchard, I have told you, was forward upon the occasion, and when the man turned round and threatened to shoot, he exhorted him, if he was so determined, that he would shoot him, saying, at the same time, he did not mind his pistol for he had one too; he produced his pistol, and presented it at him. Now, Gentlemen, whatever was the behaviour of Mr. Pritchard after this act, whatever was the behaviour of any one of the men after the act, will not alter your contemplation of that very moment of time when he fired the pistol; and the other necessary enquiry, as to the state of his mind before the pistol was fired. These men, exasperated as they were for the death of their companion, used him in such a manner as they would not otherwise have done; he was secured, taken to a Magistrate's, and the poor man was taken to the hospital. Of course upon this occasion, there was a Coroner's Inquest summoned, to enquire upon the death; the Coroner's Inquest have made their enquiry, and upon what ground it was it is not for me to say, but they brought in a verdict, in this case, of justifiable homicide; the facts being made known to the officers of the Crown, it was expedient that they should enquire a little further into the business; the Magistrate thought it therefore his duty to apprehend the man, and he, in consequence of the previous determination of the Coro

ner's Jury, considered it as manslaughter only. It now comes before you, enabling you, if you think the facts call upon you, when you shall have heard the evidence, believing what they say, to establish this material fact, that he, the first aggressor, with malice aforethought, killed this man.

Gentlemen, I have taken the liberty to suggest to you the grounds upon which that establishment is likely to take place, together with the impossibility of all the circumstances or acts done by any part of this press-gang, giving him the least pretence of warrant in law for the malignant rashness which immediately followed the culpable apprehension. That the men might have intimated their purpose, and that he might so have understood it, goes not to a tittle of justification; the only ground upon which he could derive the least sanction for what he was about to do, would have been a violation of his liberty, or degree of force, and attack upon his person.

Gentlemen, upon an occasion of this fort, the most scrupulous examination is necessary; the men who appear on the part of the prosecution, should be attended to, and will be attended to by you, with every degree of jealousy, with every thing that is scrupulous; such an impression as they make upon your minds, such I am sure the Court will be satisfied with, and so shall I. Gentlemen, you shall hear these witnesses, you will hear the account of Mr.Pritchard, and of the other men who were there; it happens upon every melancholy occasion like this, where many witnesses are called forward, there will be different shades in their testimony, they are best submitted to a Jury of the country, twelve gentlemen, attentive to the manner in which a witness gives his evidence, and to the probable and natural circumstances attending a transaction, their determination will always be satisfactory. Upon this occasion you are not troubled with, nor will the learned Judge be troubled with any thing respecting the legality of the authority for impressing seamen; I admit that the authority with which the midshipman was armed, was not sufficient to have carried into effect, with any degree of violence or restraint, the execution of his purpose; and I therefore say, that though he was not armed with the legal authority, he did nothing but as a common man, he was warranted in doing; they did not advance to any attack, to any the least restraint of the liberty of this man, but he, on his part, was the aggressor, under a degree of sanguinary rashness of mind, which one cannot think of without very considerable horror; if therefore, upon the whole of the case, you shall be satisfied from his behaviour, with the time which he had for deliberation, that instead of deliberating upon the likelihood of making his escape, his mind was determined upon it with malice aforethought; you will do your duty, by finding him guilty of murder; if on the contrary, you find any part of this turn into a scuffle, into any attack, or any thing like an attack, and that in consequence of that, a sudden gust, and a natural gust of passion took place, and that under the influence of that, without premeditated malice, he killed the man, then assuredly it will be manslaughter; less than that it cannot by possibility be; you shall hear the witnesses, and I am sure your determination will be satisfactory.

THOMAS PRITCHARD sworn. - Examined by Mr. Knowlys. Q. I believe you are a midshipman in the impress service? - A. Yes; I had five under my command.

Q. Was the deceased one of those five? - A. Yes.

Q. About what time in the afternoon was it that you saw the prisoner at the bar? - A. about five o'clock; my men were at the sign of the King's-arms, near the river side, they call the place Mill Wall; I was at the door, and upon seeing the prisoner, I called out, "all talk," which is the signal for mustering the men together; upon that they followed me; one, I believe, staid behind to pay for the bread and cheese; we followed him, and hearing us behind him, and hearing the pass word, which he knew very well, he turned round with his face towards me, and presented a pistol at me.

Q. Before he presented the pistol to you, had you said any thing to him? - A. No.

Q. Had you done any thing to him? - A. No; I was on the same path that he was, but he was before me; he said he would shoot the first man that came nearer to him; I then begged to speak a few words to him, which he granted; I asked him his name, he told me his name was Christie. belonging to the Young William; the whole of the time he was speaking to me, he walked backwards with his face to me, and kept himself upon his guard; I then asked him to suffer me to pass by him, which he refused, saying, the first man that came a step nearer to him, he would shoot; William Blake then made a similar request, which was denied him; Blake, in reply, said, d-m my eyes but I will go past you; Blake instantly started, with an intention to pass him, and he immediately shot him, the ball entered the right breast; Blake then endeavoured to make a blow at him, after he was shot, and his stick flew out of his hand, the prisoner instantly knocked him down with the muzzle of the pistol; John Thomas , who was behind me, hearing the report of the pistol, rushed forwards and seized the stick that Blake had had in his hand, and knocked Chrissie down and secured him; when he was secured, he attempted to draw a weapon from under his coat, it was a sort of dagger that flies out of a stick, it is in Court, and the pistol too; he was then secured and taken to the boat; I proceeded up the river to New Crane-stairs, I landed them, and put the wounded man in a coach to go to the hospital, and what passed after that, I know not; in the boat, Christie said to me, he was sorry for what had happened, and that I owed my life to John Thomas , saying, I first meant to shoot him, meaning the man that was shot, and then to run you through, meaning me.

Cross-examined Mr. Coust. Q. You say you are a midshipman? - A. Yes; the common appellation is that of a press-master.

Q. Do not you know what a midshipman is? - A. Yes.

Q. Are you of that description? - A. I am considered as such; I was then.

Q. You have lost that appellation since? - A. Yes; on account of this accident I have lost it.

Q. So that those who conferred that appellation upon you have taken it away on account of your conduct in this business? - A. Yes, owing to this accident.

Q. You have been referring to a paper, when did you make those memorandums? - A. The same night.

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

Q. He said, you owed your life to John Thomas , for he meant to have shot Blake, and then run you through, is that upon the paper? - A. No, it is not.

Q. You were examined before the Coroner's Inquest, did you tell them of that expression? - A. I am not certain whether I did or not; at the time that I was before the Coroner's Inquest, I was interrogated so much, that I hardly knew what I was about, for there were half a dozen gentlemen asked me questions at the same time.

Q. You cannot recollect whether you told that or not? - A. I am positive it is a fact and a truth.

Q. May I assume that you did not tell them that? - A. I cannot say.

Q. You were afterwards examined before a Magistrate, did you tell him that? - A. I did.

Q. You swear that? - A. I certainly did.

Q. You swear now, that you told him that expression; you were examined three different times, will you swear that any of those three times you made use of that expression? - A. I have only this to say, I have a very indifferent memory.

Q. Then, perhaps, what you told him, you could not perfectly remember? - A. I am sure I mentioned it before Justice Smith.

Q. I ask you, upon your oath, were you sober at this time? - A. I considered myself as such.

Q. Were you drunk or sober? - A. I was sober.

Q. Now you swear you were sober? - A. Yes.

Q. And you are as sure of that fact as of any other that you have spoke to? - A. Yes.

Q. Do you remember any body accusing you of being drunk? - A. I was very much agitated.

Q. But you were never accused of being drunk? - A. Not to the best of my knowledge.

Q.Upon the prisoner coming by, you say, he heard you call out, "all talk," and that he knew it was to all out your men? - A. I have no doubt but he knew what it meant.

Q. Then you say, that upon the gang coming out, you went towards him? - A. I followed him.

Q. Should I mistake it if I said you pursued him when he tried to get away? - A. We walked after him; we intended to impress him, no doubt.

Q. Did you know him, or were you told before you set out that he was upon his Majesty's service, and it was vain to attempt to take him, for mischief would ensue if you did? - A. Mr. Action said something like it, but I was not to mind what people say.

Q. Were not his words these: do not be after any of your old tricks, that man is a mate in the service of one of the transports, and it is vain to attempt to take him? - A. He might.

Q.Did not you say, that let him be a mate of a transport, or the devil himself, you would have him? - A. I did not; I said it signified nothing, I will over-hawl him, or something to that purpose.

Q. Did not he say you are drunk, and you will repent this? - A. Not to my knowledge.

Q. Did not he tell you were drunk? - A. It was impossible I should be drunk, I had drank but one glass of grog after dinner.

Q. Do you know who kept that house? - A. No; I was in at Mr. Acton's.

Q. You do not know who keeps the public-house? - A. I do not know his name.

Q. Do you know a Mr. Mills? - A. Yes; he keeps the King's-head, at East-lane.

Q. You had been there? - A. I called there as I was going across the water.

Q. Mills was an old acquaintance of your's? - A.No more than any other, I had a pint of porter every day from there.

Q. Did you ask him for any arms? - A. I called for a pistol that I left the night before.

Q. Nothing else about arms? - A. I passed a joke, and asked him to lend me a hanger.

Q. Do not you remember his saying, in this state I will not trust you with a cutlass, you are drunk? - A. Not to my knowledge.

Q. He did refuse it you? - A. Yes.

Q. Do you remember saying, at least I have a right to my own pistol? - A. I took it.

Q.After this unfortunate accident you went again to Mills's? - A. Yes; after the man was gone to the hospital.

Q. Do you recollect any thing particular passing upon this subject there? - A. I only went to order a pint of porter.

Q. Had not you been drinking there in the morning? - A. I do not recollect that I had any thing particular.

Q. You were there in the morning? - A. Yes.

Q. That was three times then you were there? - A. I go every morning to look after my boat.

Q. Have you had any conversation with him

since? - A. Yes; I have been called to an account by his wife, several time, about the accident, because Christie was a particular friend of their's.

Q. Do you remember shewing him your minute? - A. Yes.

Q. Do you remember telling him you would make it still better? - A. Mills pretended to be a friend of mine, and I shewed it him.

Q. Do you remember his objecting to some things in it, and altering it? - A. No.

Q. Is that the only note you have wrote? - A. That is the only time I ever put pen to paper upon the subject; I delivered a copy of it to Captain Wainwright .

Q. Upon following this man he knew perfectly your business, that there can be no doubt about, and then he turned round and presented his pistol, and said, the first man that came near he would shoot; did not he tell you who he was, that his name was Christie, and was the same person that had been described to you by Mr. Action? - A. He said his name was Christie, and he belonged to the Young William.

Q. Do you know what ship that was? - A. She was a transport, in what service she is at present I cannot tell.

Court. Q. What service was she in at the time of the accident? - A. I believe in the merchant service.

Mr. Const. Q. Upon your coming up to him, with the rest of the gang, did not you make use of these words, d-n you if you are good at that, I have got one too, and did not you then draw your pistol and level it at him? - A. He said he would shoot.

Q. Did he not draw backwards for an hundred and fifty yards, you all the time trying to get round him with these men? - A. He did a good way.

Q. The place itself is a causeway, with the water on one side, and a deep ditch on the other? - A. A marsh on the other.

Q. Therefore he must know you meant to get round him, in a place where he could not possibly escape? - A. We meant to over-hawl him, no doubt.

Q. Did not you try to take hold of him by the hand, and said, by God, let you be what you will I will have you? - A. I wanted to shake hands.

Q. Upon your oath, did not you snap your pistol at him? - A. I am perfectly sure I did not, I told him in the boat that he as much deserved to be shot as the poor man that lay in the boat, but the laws of his country should punish him.

Court. I put it to you, Mr. Fielding,"I think it is impossible this can amount to murder; and I think it is as impossible but it must be manslaughter. Gentlemen of the Jury, We have interfered in this case, it appearing that the evidence is not likely to be varied, and that it can only amount to manslaughter; that being our clear opinion in point of law, perhaps you will be satisfied to find him guilty of manslaughter upon this evidence.

GUILTY of Manslaughter .

Confined one year in Newgate , and fined Is.

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

Reference Number: t17970426-12

291. JOHN DARLEY was indicted for feloniously stealing, on the 17th of February last, thirteen pair of silk stockings, value 36s. the property of William Cook .

CHARLOTTE COOK - sworn. - I am the wife of William Cook ; I keep a hosier's shop in the Strand : I lost some silk stockings, I cannot tell the quantity, there were several pair; the prisoner was our porter ; it was customary for him to go into the street to mind the windows while we were at tea; I heard a noise, and at the right hand of the shop window, I saw him take stockings out of the shop, that I am positive of, and he immediately quitted the shop; he returned back in about half an hour or better, and the moment I set my eyes on him, I said that John had taken the stockings out of the window; I am positive to the man.

Cross-examined by Mr. Knowlys. Q. What time was it this matter took place? - A. About half past six o'clock in the evening, it was dark, and we had lights in the windows; I was sitting close to the left-hand door, there were two doors to the parlour, and I saw those goods taken out of the window.

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

Q. Your brother-in-law, Mr. Allen, was there? - A. Yes.

Q. Do you recollect the Magistrate asking your brother-in-law where a person of the name of Cox was to be found? - A. I don't recollect the circumstance.

Q. Don't you know this person of the name of Cox, who keeps a chandler's shop in Round-court? - A. There is such a person, I cannot swear to him.

Q. Do you know whether there is such a man, aye or no? - A. There is such a man, but I never saw him but once.

Q.Did you send to him before this man's second examination? - A. I did not.

Q. Did any body from your house? - A. I believe Mr. Cook called on him, he was not at home; I believe his wife told him, and he came.

Q. You had seen Cox before his second examination? - A. Yes; I asked him what he knew of John; he said, he knew nothing of him him

self, but that a shoemaker had recommended him as a very honest man.

HANNAH LEE sworn. - I am sister to Mrs. Cook: I was at my brother's house on the 17th of of February, I saw the prisoner, John Darley, there; he was directed to mind the windows while we were at tea.

Q.Do you live with your brother? - A. Yes; I heard a noise; I cannot tell what noise, but it alarmed me; I went into the shop and found the goods were stolen out of the right-hand window.

Q. Did you find the prisoner, Darley, in the shop? - A. No.

Q. How soon did he return afterwards? - A. It was upwards of half an hour; my sister was sitting near the left-hand door, she stepped momentarily out, and saw the man; there were three bundles of silk stockings, two coloured, and one black.

Cross-examined by Mr. Knowlys. Q. The prisoner generally wears a cocked hat? - A. Yes.

Q. There was an immediate alarm made when the stockings were missed? - A. Yes.

ABRAHAM ALLEN sworn. - I am brother-in-law to Mr. Cook: I was at his shop on the 17th of February, in the back parlour at tea; the prisoner at the bar was porter; I was there at the time that he had orders to go and watch the window; Mrs. Cook was near the door. I heard a noise, and Mrs. Cook immediately moved and went into the shop; I did not see the prisoner afterwards for half an hour or rather more.

Cross-examined by Mr. Knowlys. Q. I believe you attended the second examination? - A. I did.

Q. Were you not asked by the Magistrate where a person of the name of Cox was to be found or not? - A. No; he did not ask me.

Q. Was the name of Cox never mentioned? - A. When I pursued the thief, I should say that Cox said he had met a man running up the court, but he did not know who he was.

Q. Upon your oath did you not tell the Magistrate that you did not know where Cox was to be found? - A. No, I did not.

Q. Did you not go yourself and converse with Cox? - A. I asked Cox whether he knew the man that run up the court.

Q. Did not the porter constantly wear a cocked hat? - A. Yes.

SARAH FARR sworn. - I live next door to Mr. Cook's house; the prisoner came to my house between six and seven o'clock in the evening for half a quartern of gin; about ten minutes or a quarter of an hour afterwards, Mr. Cook came, and enquired if Darley had been to my house, I told him he had.

THOMAS COX sworn. - I am a cheesemonger and grocer; On the 17th of February, I was carrying coals out, and I met a person who trod on my foot, but the lamp was out, and I could not see who it was; soon after Mr. Allen came to me, and asked me if I had met any body, I said, yes; now the porter was a man who wore a cocked hat, and a very particular one, and I think the man who run by me did not, and was not the porter.

Q. Did you tell Mr. Allen, upon his enquiry, you thought it was not the porter? - A. I told him I could not tell who it was.

ANTHONY LARRATT sworn. - I am a coach-harness maker; I have known the prisoner these dozen years, I was present at the last examination.

Q. Do you know Mr. Allen? - A. That is the gentleman.

Q. Do you recollect any question being asked about a person of the name of Cox? - A. No.

SAMUEL PINCHBECK sworn. - I live at No.49, Strand; I saw a man come out of Mr. Cook's shop with a parcel under his arm; he came out backwards, and he seemed to me to pull Mr. Cook's door after him. I saw Mrs. Cook come towards the door, and Mr. Allen, he went towards Round-court.

Q. Look at the prisoner at the bar, is he the man you saw? - A.He is not the man.

Q. How was he dressed? - A. He had a round hat on, but his clothes I cannot swear to.

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

NOT GUILTY .

Tried by the first Middlesex Jury, before The Right Hon LORD KENYON .

Reference Number: t17970426-13

292. GEORGE LAYTON was indicted for stealing, on the 11th of April , fifteen pounds weight of cheese , the property of Robert Fish .

ROBERT FISH sworn. - I keep a cheesemonger's shop in Long-acre ; I had eleven cheeses standing at the door; I saw the prisoner take this cheese and run away with it(produces it); I pursued him and never lost sight of him, and the instant, before I came up to him, he threw the cheese into the passage of a public-house.

Prisoner's defence. I am quite innocent, I know nothing of the matter; I was walking along the street, and this man seized me, and took me to Bow-street.

GUILTY (Aged 22.)

Judgment respited to go for a soldier .

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

Reference Number: t17970426-14

293. MARY KNOTT was indicted for stealing, on the 13th of March , nine pounds weight of cheese, value 4s. 6d. the property of Joseph Cuff .

THOMAS GLOVER sworn. - I live with Mr. Cuff: We lost this cheese on the 13th of March; I saw her take the cheese, I found it under her petticoat.

Prisoner's defence. I work in the market; when I came from the market, a woman desired me to take care of a dollar for her, which is 4s. 9d. and I changed the dollar for the cheese.

Q.(To Glover). Did you give her any change? - A. No; the prisoner's husband gave me a dollar; this was after she had taken the cheese.

GUILTY . (Aged 50.)

Confined six months in the House of Correction , and fined Is .

Tried by the first Middlesex jury, before Mr. Justice BULLER.

Reference Number: t17970426-15

294. MAURICE PEMBERTON was indicted for feloniously stealing, on the 7th of April , four cotton shirts, value 16s. and one Holland shirt, value 2s. the property of Hugh Richardson and William Young .

HUGH RICHARDSON sworn. - I live in Wapping , I am a slop-seller ; I lost four cotton shirts, and one Holland shirt, as stated in the indictment.

RICHARD WESTCOE sworn. - I am an apprentice to Mr. Richardson; I saw the prisoner on the 7th of April, about two o'clock in the afternoon, in the shop; I saw him run out of the shop with the things under his jacket, four cotton shirts, and a Holland shirt; I pursued him, with one Charles Turner ; I called out stop thief, and I overtook the prisoner about two doors off, he threw the things behind a gate.

CHARLES TURNER sworn. - I live opposite to the prosecutor's shop; I saw the prisoner run out of the shop with the goods.

The prisoner made no defence.

GUILTY . (Aged 22.)

Judgment respited to go for a sailor .

Tried by the first Middlesex jury, before The Right Hon. LORD KENYON .

Reference Number: t17970426-16

195. JOSEPH PENN was indicted for feloniously stealing, on the 29th of March , one pewter quart pot, value 12d. and two pewter pint pots, value 12d. the property of Edward Bryant .

EDWARD BRYANT sworn. - I keep the Dog, in Whitechapel-road ; I lost, on Wednesday the 29th of March, one quart pot, and two pints; they were found upon the prisoner by the officer.

JOHN NEWLAND sworn. - On the 29th of March, I was in company with my brother officer, I met the prisoner, and charged him with stealing pots; I took one out of his coat pocket, and when I got him into the public-house I took another pot out of his breeches.

Prisoner's defence. I was coming up by Mile end, and a man gave them to me out of a dustcart.

GUILTY . (Aged 55.)

Transported for seven years .

Tried by the first Middlesex jury before Mr. Baron HUTHAM.

Reference Number: t17970426-17

296. JOHN TOSELIN was indicted for feloniously stealing a fat live hog, value 50s. on the 23d of February , the property of John Riedge , Esq .

WILLIAM LAYTON sworn. - I am bailiff to Mr. Riedge who lives at Elstree; he lost a fat hog in the night of the 23d of February; I found the pig on Barnet-common.

ANOTHER WITNESS sworn. - Mr. Layton came and told me Mr. Riedge had lost a hog; I got up directly, and we overtook the man on Barnetcommon; they had got him in a string; we secured the men and the hog.

Q.(To Layton). How were they driving the hog? - A. I was not near enough to know whether they had him in a string or not.

Q. Was the prisoner one of these men driving the hog? - A. I did not see him then, just before I got to him he was making his escape.

Prisoner's defence. I had nothing to do with the hog, I was not near it.

GUILTY (Aged 55.)

Confined six months in the House of Correction , and fined Is.

Tried by the first Middlesex jury, before Mr. Justice BULLER.

Reference Number: t17970426-18

297. MARGARET THOMPSON was indicted for feloniously stealing, on the 16th of March , one yard of linen cloth, value Is. three muslin half handkerchiefs, value 2s. a silk handkerchief, value 2s. one pair of cotton stockings, value 3s. one pair of women's shoes, value 4s. a cotton table cloth, value 3s. and a muslin half shawl, value 2s. the property of John Lacon .

ANN LACON sworn. - Q. What relation is Mr. John Lacon to you? - A. He is my husband: I lost some property in the month of March last, I don't know the exact time, there were several articles. I am a milliner and mantua-maker; the prisoner at the bar lodged in our house about eight weeks.

Q. Did she follow any business in your house? - A. Yes; she followed the business of a mantua-maker; she had nothing to do with my business, she was paid for her work.

Q. How came you to know she had robbed you? - A. I found the duplicates upon her; the pawnbroker has got part of them.

WILLIAM BAKER sworn. - I am a pawnbroker; I know the prisoner at the bar, she has brought, generally, articles to my shop to pledge; I have got the things that she pawned with me (produces the articles); I received these things from the prisoner.

Mrs. Lacon. These goods I lost; I can positively swear that I lost them from time to time.

The prisoner called two witnesses, who gave her a good character.

GUILTY . (Aged 32.)

Privately whipped and discharged.

Tried by the first Middlesex jury, before Lord KENYON.

Reference Number: t17970426-19

298. MARY SMITH was indicted for feloniously stealing, on the 24th of March , a linen sheet, value 5s. and a linen pillow case, value 1s. the property of Ann Thomas , widow .

ANN THOMAS sworn. - I live in Delehay-street, Westminister : the prisoner at the bar had a pair of sheets to make up, some friends of mine came out of the country on the 22d of March, and they slept there on the Wednesday and Thursday; on Friday the 24th, she made the bed, when they left it, as I thought; she had made the bed so, that there appeared two sheets on the bed, though there was but one; on the Monday following I gave her leave to go out, and lent her a cloak to make a decent appearance, and she never returned to me again; I found my cloak afterwards at a pawnbroker's, pawned in my name, and I missed a sheet and a pillow case.

DELIVERANCE COLLINS sworn. - I am niece to Mrs. Thomas, I live in her family, the prisoner was her servant ; on the 22d of March, some friends came to our house, and left it on the 24th; the prisoner made the bed that morning, I saw it afterwards, and it had the appearance of having two sheets; nobody slept in it from the 24th to the 28th, I was to sleep in it that night; when I went to bed, I thought there were two sheets, but I found it was one doubled over like two; the prisoner had left our house the day before, my aunt gave her leave to go out, and the never returned back.

CHARLES DENNIS sworn. - I am a pawnbroker, in Tothil-street, Westminster; the prisoner at the bar, on the 24th of March, pawned a sheet with me for six shillings (produces it;) I had seen her before, she pledged it in the name of Warner. (The sheet was deposed to by Mrs. Thomas).

Prisoner's defence. The prosecutrix lent it me to pawn, she was short of money; I have known her twenty years; I have made a set of shirts for her belonging to the man that she lives with, she had not money enough to pay me, and desired me to pawn that sheet; she is very much given to drink brandy, and be intoxicated.

Q.(To Mrs. Thomas.) Is this any part of it true, upon your oath? - A. It is totally false upon my oath.

GUILTY (Aged 38.)

Transported for seven years .

Tried by the second Middlesex jury, before Lord KENYON.

Reference Number: t17970426-20

299. RICHARD CALCOTT was indicted for feloniously stealing, on the 23d of January , a silver watch, value 5l. and a base metal watch key, value 6d. the property of William Morris , privily from his person .

WILLIAM MORRIS sworn. - On Monday the 23d of January, between Poland-street and the Pantheon, in Oxford-street ; between eleven and twelve in the evening, I was hustled by a mob of people, I was as sober as I am now; I had been at a friend's in Broad-street, Carnaby-market, the Pantheon was open for a masquerade, and curiosity led me to look at the people going in; my hat was tipped almost off my head, I put up my hands to save it, and while my hands were up, my watch was gone; I did not feel it go, but I missed it in a minute after; I made an alarm that I had had my pocket picked of my watch, there was a crowd of people laughed and said, I should have left it at home; I applied at Bow-street, and found my watch lodged at the office, I don't remember seeing the prisoner in the crowd.

JAMES LEMBRICK sworn - I am one of the officers of Bow-street; on the 20th of February, I apprehended the prisoner, we were in Hart-street, the corner of Phoenix-alley; we saw several suspicious people, and I apprehended Calcott; when I took him to the office this watch was found upon him.

Q.(To the Prosecutor.) Is that your watch? - A. Yes; this is the watch, I had it sometime in September last, the watch-maker is here that made it.

JAMES REEVE sworn. - I had the watch sometime in my possession, from the time it was taken from the prisoner; the Magistrate desired me to take possession of it, and to advertise it; after which, I delivered it to the officer again; this is the same watch.

Prisoner's defence. I bought is of Mr. Hornby, at Chelsea, but he is not here.

-CALCOTT sworn - The prisoner is my son, he has been a waiter till about eight months ago; he has been with me ever since; he has been unfor

tunate and could not meet with any place; I had nothing for him to do myself.

Mr. Reeve. Mr. Hornby certainly did appear at Bow-street.

NOT GUILTY .

Tried by the second Middlesex jury, before Mr. Baron HOTHAM.

Reference Number: t17970426-21

300. ANN SKINNER was indicted for feloniously stealing, on the 18th of March , a silver soup ladle, value 30s. a silver table spoon, value 9s. a pair of sugar tongs, value 5s. a pair of silver shoe buckles, value 15s. and a pair of leather boots, value 10s. the property of James Gunter , in his dwelling-house .

JAMES GUNTER sworn. - I am a confectioner , in New Bond-street : Mr. Layton, the pawnbroker, called upon me the 19th of March, I had missed two articles a month before, but I thought they were mislaid, the buckles and tongs; after he came, I missed a pair of boots, a table-spoon, and a soup-ladle; I had seen the ladle on the Friday before, I don't know that I had seen the other things for a month before. In consequence of Mr. Layton calling upon me I searched for the ladle, and missed it; I then went to the prisoner in the watch-house where she was, she began crying, and said, how cruel it was to rob me after I had behaved so well to her; I told her I missed other articles, and I begged that she would confess for the sake of the other servants; I went the next morning to Marlborough-street, where Mr. Layton was with the ladle; he has kept it ever since.

JOHN LAYTON sworn. - The prisoner at the bar offered me this ladle in pledge on the 18th of March; I asked her who it belonged to, and she said a Mr. Fisher, a master cabinet-maker, in Oxford-road; I said it was not marked with Mr. Fisher's name; she said that may be, because my master is out, and my mistress is ill in bed, and, I believe, her son went out and borrowed it to raise some money; I rather doubted the story altogether; she said there was a person lived in the next street that, if I would send to, would vouch for her character; I told her I would charge the watch with her; she said, if I would not charge the watch with her she would tell me the whole.

Q. Did you say you would not charge the watch with her? - A. No, I did not; she then began to say that she had been dabbling in the lottery, and she meant to have pawned this to get out some clothes that a person, where she had chaired, had had a death in their family, and had given her a suit of black; she had made free with it, and wanted to get it out to appear in at the gentleman's house the next day; I was determined to call the watch, she was taken to the watch-house, and there she named Mr. Gunter, in consequence of which, I went to him. (The ladle was deposed to by the prosecutor).

Prisoner's defence. Mr. Gunter has been a worthy master to me, I hope he will be favourable; he always behaved well to me.

GUILTY (Aged 42.)

Of stealing to the value of 30s.

Confined six months in the House of Correction , and fined Is.

Tried by the second Middlesex jury, before Mr. Justice BULLER.

Reference Number: t17970426-22

301. HENRY BUTLER was indicted for breaking and entering the dwelling house of Stephen Loosely , Alice the wife of the said Stephen, and other persons, being therein, about the hour of seven in the forenoon of the 10th of April , and feloniously stealing a silver watch, value 3l. a steel watch-chain, value 2d. two base metal watch-keys, value 2d. and two brass rings, value one farthing, the property of the said Stephen .

STEPHEN LOOSELY sworn. - I am a butcher , in Aldersgate-street . On the 10th of April, before seven o'clock in the morning, I lost a watch out of my back parlour, I was in bed at the time; the constable brought me the watch just after I was called up.

CHARLOTTE WADE sworn. - I am servant to the last witness: The prisoner came in for two sheep's melts, about half past six o'clock in the morning. I told him we had not any; he asked when I should have any; I told him we did not kill any sheep at all, he might get some in Long-lane; he said it was for a child in a fever, to put on its feet; he went out, and in about ten minutes after I heard the chain of the watch rattle, it hung on a china image on the mantle-shelf, in the parlour behind the shop; I heard the parlour-door shut to, and I went toward the parlour, and saw the prisoner go out of the shop, I was backwards chopping wood for the fire; directly after he went out of the shop, I acquainted Mr. Porter of it, and he went after him, and overtook him, and he was taken to the Compter. Mr. Hart, the constable, brought the watch back soon after seven o'clock.

Q. Was the door between the parlour and the shop fast? - A. Yes; it was a spring lock.

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

Q. Was the shop-door open when you left it? - A. Yes; the man opened the shop before he went out.

Q. Did you see the watch that morning before? - A. Yes; I saw it hanging up.

WILLIAM PORTER sworn. - On the 10th of April, a little before seven, I saw the prisoner come out of Mr. Loesely's; the girl came out and said he had got her master's watch; I followed him and

stopped him, I got a person to assist me, and we took him to the Compter; when we got to the Compter-door, the constable took the watch from him; we then went to the prosecutor's with it, and he said it was his.

-HART sworn. - I took this watch from the prisoner, at the Compter-steps; I saw it in his left-hand and took it from him; I found the chain in his left-hand waistcoat-pocket. (Produces it.)

Prosecutor. This is my watch; my name is in it at full-length.

Q. Was your wife at home at the time? - A. Yes.

Prisoner. When that old gentleman took hold of me he broke the chain off; he said it was his watch, and if I would give it him he would let me go; I said it was not his, that I gave four guineas for it; I was running home about my business, I had sent a porter home with some fish that I had bought at Billingsgate.

Q.(To Porter.) Did you offer to let him go if he gave you the watch? - A. No.

Q. Did you tell him the watch was your's? - A. I did not, upon my oath.

GUILTY Death . (Aged 23.)

Tried by the London jury, before Mr. Justice BULLER.

Reference Number: t17970426-23

292. JAMES ANGAS was indicted for feloniously stealing, on the 4th of April , two dead fowls, value 4s. the property of John Hallem .

LUCY HALLEM sworn. - I am the wife of the prosecutor, I live at No. 1, Water-lane, Fleet-street , he works for Mr. Lowndes, coal-merchant. I lost a pair of fowls, I saw James Angas take them out of the window, about half past ten in the morning, they were exposed to sale; I have poultry from Exeter to sell; he changed the fowls from one side of the board to the other, and then ran away with them, I was washing my child in the shop; I called stop thief, and he threw the fowls down about two hundred yards from my door; he was stopped by a gentleman coming out of Messrs. Butts and Hands's, in Fleet-street.

Prisoner. I hope your Lordship will examine this woman well, for she has transported several, and wants to make a property of me; she transported her own son.

Q.(To the Prosecutrix.) Is that true? - A. No, it is not; I never prosecuted any body in my life before.

SARAH RADWELL sworn. - I live eight doors below the prosecutrix: I was looking out at window, and saw the prisoner with another man standing in the lane; then I saw them cross the way, and the prisoner at the bar took up the fowls and ran away with them.

The prisoner called John Truman , who had known him from his birth, and gave him a good character.

GUILTY . (Aged 18.)

Transported for seven years .

Tried by the London jury, before Lord KENYON.

Reference Number: t17970426-24

293. SARAH WARNER was indicted for feloniously stealing, on the 24th of February , a cotton frock, value Is. 6d. the property of Thomas Sims .

THOMAS SIMS sworn. - I am a dyer , in Houndsditch. On the 24th of February, my child was sent out for a halfpenny-worth of cakes, she is about two years and an half old, it was only four doors from the end of the court, that was between ten and eleven o'clock; I was told in about four minutes after that a woman had run away with the child; I went up Houndsditch and found the child by herself without her frock. I saw the prisoner turn out of the court, and I suspected her, and followed her, I saw the frock stuck in her bosom; I took it from her, and sent for an officer.

(Richard Nibley, the constable, produced the frock, which was deposed to by the prosecutor).

The prisoner did not say any thing in her defence.

GUILTY . (Aged 22.)

Transported for seven years .

Tried by the London jury, before Mr. Baron HOTHAM .

Reference Number: t17970426-25

294. JOSEPH WILLOUGHBY was indicted for feloniously stealing, on the 1st of November , one hundred and fifty pounds weight of iron, value 5s. the property of William Curtis , Esq.

Second Court. Laying it to be the property of Brook Watson , Esq.

Third Court. Laying it to be the property of the Mayor and Commonalty, and Citizens of the City of London .

(The case was opened by Mr. Knowlys.)

DANIEL WOLFE sworn. - Examined by Mr. Vaillant. Q. Do you know the prisoner? - A. Yes; he was an inner porter to the Lord-Mayor, attending at the Mansion-house; About the latter end of November he asked me to make enquiry who would buy iron, and he pointed me out some iron that laid upon the roof of the Mansion-house; I went to Mr. Oliver, a neighbour of mine, by the direction of the prisoner; he afterwards went with me, and we took him some iron, some time in January, Mr. Willoughby handed it to me from the rousing of the Mansion-house, it was upon the landing-place.

Court. Q. Was it fastened to any part of the Mansion-house? - A. No, it was not; I took it, and Willoughby went with me, they were round

bars, what we call pallisades; we met Mr. Hempson at the corner of a court in Whitecross-street; Mr. Hempson said, you have got a heavy load; I said, yes, there is my master; I said I was going to Mr. Oliver's.

Q. What became of the iron? - A. Mr. Oliver weighed it in the presence of Willoughby.

Q. What quantity was there? - A. Three quarters of a hundred, and eleven pounds, at one penny halfpenny per pound, and Willoughby received the money for it.

Cross-examined by Mr. Knapp. Q. You received no part of the money, I dare say, Honesty? - A. I did not.

Q. You have been in the habit of taking iron from the Mansion-house to Oliver's, and you did not tell any body of it? - A. No.

Q. You say you had been several times to Oliver's with iron, how many times had you been? - A. I had been three times.

Q. After each time, you communicated to Mr. Newman, or somebody about the Mansion-house, what you had been doing? - A. Never, till the letter.

Q. You kept it quiet to yourself? - A. I certainly did.

Q. Upon your oath you have never received a sixpence about the iron, from Willoughby? - A. No, never.

Q. And you never said any thing about it to any body? - A. I do not know that I did.

Q. What was your situation about the Mansson-house? - A. I was formerly a messenger at the Compter, and I have been there sixteen or seventeen years.

Q. And then you rose to the Mansion-house? - A. The Mansion-house was no great deputation.

Q. Have you ever been in a Court of Justice before? - A. No; I defy the records for that.

Q. Were you never in any Court of Justice before? - A. No.

Q. Were you never at Maidstone? - A. Yes.

Q. Upon what occasion were you there? - A. For apprehending people for robbing a church.

Q. Then you were a witness upon that occasion? - A. Yes.

Q. You were admitted to give evidence as an accomplice? - A. No; no such thing.

Court. Q. Were you ever taken up upon that occasion? - A. No; I never was taken up in my life; the things were offered to me, and I stopped them.

Mr. Knapp. Q.Had you ever any quarrel with the prisoner? - A. No; I only asked for money for my labour.

Q. And you did not get it? - A. No, I did not.

Mr. Vaillant. Q. The money that you applied for, was for your labour in carrying it, and nothing else? - A. Nothing else.

JAMES HEMPSON sworn. - Examined by Mr. Knowlys. I keep a public-house at Cripplegate; I met the last witness with a load, and the prisoner at the bar was with him; I said, Wolfe, you are laden; yes, says he, I am going to a neighbour's, Mr. Oliver's, and that is my master, that was all that passed between us.

Q. Was that said, so that the prisoner at the bar might hear it? - A. Yes; he could not be off the hearing it.

Q. Did he say any thing at all, when Wolfe said, that is my master? - A. No, he did not.

HENRY OLIVER sworn. - Examined by Mr. Knowlys Q. Do you know Wolfe? - A. Yes.

Q. Do you know the prisoner? - A. I remember his coming twice to my shop with Wolfe; Wolfe brought the iron to me, and I weighed it to an once; Willoughby did not come in till ten minutes after the iron was brought in; I told them I would give them the same price as I bought it at the iron warehouse; I paid Willoughby for it twice, and Wolfe once.

Cross-examined by Mr. Knapp. Q. Wolfe was there ten minutes before Willoughby came in? - A. Yes.

Q. Every thing, respecting the delivery of the iron, was in the absence of the prisoner? - A. Yes.

RICHARD HOLLIER sworn. - Examined by Mr. Vaillant. I am one of the City Marshals. (Produces some iron.)

Q. Where did you get that iron from? - A. The Justice-room, at the Mansion-house, it was produced before the Lord-Mayor by Oliver's man.

WILLIAM COLLINS sworn. - Examined by Mr. Vaillant. I am servant to Mr. Oliver.

Q. Did you produce that iron at the Mansion-house? - A. Yes; I fetched it from my master's shop; this is some of the iron that was left by Wolfe.

Cross-examined by Mr. Knapp. Q. Look at that iron, it is like a great deal of other iron? - A. Yes.

Q. Is that part of the iron that you took down? - A. Yes; this is part of an upright, and this is railing; it was all taken from the roof of the Mansion-house.

Q.(To Hollier.) Do you know where that iron came from? - A. I cannot be positive to it, but it is like some other uprights that are at this time in the Justice-room, at the Mansion-house; there was an alteration made at the Mansion-house, and some pillars like these were taken down to make way for that alteration.

Cross-examined by Mr. Knapp. Q. I need hardly

ask you if there are any other such uprights upon any other building, could you distinguish it from any other uprights? - A. No, except the colour, which has been either painted out of another pot, or done at a different time; it is exactly similar to that which is now in the Justice-room.

- NEWMAN sworn. - I am clerk at the Mansion-house.

Q. Be so good as look at that iron? - A. It has every appearance of coming from the Mansion-house.

Q. Brook Watson was in possession of the house at that time? - A. Yes.

The prisoner left his defence to his Counsel, and called seven witnesses, who gave him a good character.

GUILTY (Aged 44).

Transported for seven years .

Tried by the London Jury, before Mr. Justice BULLER.

Reference Number: t17970426-26

295. ELIZABETH CULLUM was indicted for feloniously stealing, on the 20th of February , twenty-seven yards and an half of printed cotton, value 45s. the property of Edward Horwood , privately in his shop .

EDWARD HORWOOD sworn. - I am a linen-draper , No. 97, Oxford-street : On Monday the 20th of February, the prisoner was brought into my back shop, by my servant, the property had been taken from her before.

JOHN BALL sworn. - I lived servant with Mr. Horwood at that time; to the best of my remembrance, the prisoner came into the shop to buy some printed cotton; I shewed her a number of patterns; I served her with two different quantities, and another article also; from her appearance, as she stood at the counter, I suspected her, and I followed her into Oxford-market, and overtook her, and on bringing her back, at the end of a court that comes from Oxford-market, the other witness, David Drayman , called out, that she had dropped the prints; whilst I stooped to pick them up, she escaped from me; I followed her, and overtook her at the end of Market-street, Oxford-market, and then I took her back to my master's shop; I am sure she is the same woman; I delivered the prints to my master, and he delivered them to the constable, one was seventeen yards and three quarters, and the other nine yards and a quarter.

Cross-examined by Mr. Raine. Q. Who dropped these prints you cannot say, not having seen it yourself? - A. No.

Q. Mr. Horwood's shop is a well accustomed shop, I understand? - A. Yes.

Q. He has a great many customers in the course of a day? - A. Yes, sometimes.

Q. You said, you would not undertake to swear to the person of the prisoner? - A. I am very sure the woman that I took back to my master's shop, was the woman I served with the prints.

DAVID DRAYMAN sworn. - I am a dealer in hardware; on Monday the 20th of February last, I saw two men and a woman, near Oxford-market; I saw a parcel, that appeared to drop from the woman, I immediately called out that they had dropped something, I went to the shop afterwards.

Cross-examined by Mr. Raine. Q. There were several persons standing by at the time you observed this transaction? - A. Not when the parcel was dropped; only the three I saw walking before me.

Q. They were pretty near each other? - A. Yes; they were pretty close.

Q. They were so close then, that I presume you will not positively swear who it was dropped whatever was dropped? - A. I would positively swear, that they appeared to me to drop from the woman, I might be a dozen yards or better behind them, and no person was between us.

Court. Q. The other two persons of the three were men, were they not? - A. Yes.

JAMES KENNEDY sworn. - I am a constable; on the 20th of February, I was sent for into Oxford-road, to take the prisoner into custody; the master gave me these two pieces of cotton; I have had them ever since.

Court.(To the Prosecutor.) Q.Were those pieces brought to you, when the prisoner was brought in? - A.They were; there were about seven or eight and twenty yards of it, it has my private mark upon it with a pencil.

Mr. Raine. Q. It is calico, is it not? - A. Yes, it is.

Q. A particular species of cotton? - A. Yes; cotton is unprinted.

Court. Q. Is it in the language of your trade, printed cotton? - A. Yes, it is; a printed cotton, or a printed callco.

Q. If I wanted a printed calico, do not you think I should ask for a printed calico? - A. I should suppose so.

Q. And if I asked for a printed cotton, you would not give me a printed calico? - A.May be not, the only difference is, that one is a little thicker than the other, they are both made of cotton.

Q. There is an essential difference between printed cotton and printed calico? - A. The only difference is, that one is thicker than the other.

Q. When you talk about cotton, and when you talk about calico, do not you talk about different things? - A. I have told you the only difference.

Q. Is your's a retail shop only? - A. It is.

Q. If you went to a wholesale dealers and

wanted calico, would you ask for cotton? - A. I suppose I should ask for calico.

Q. Court. Would any persons in your trade call that a printed cotton? - A. Yes.

Q. You have no partner at all? - A. Not now, I had in November last.

Q. Who was that partner? - A.John Yair.

Q. Are your accounts now settled with that partner? - A. No; the partnership is dissolved, but the accounts are not settled.

Court. Q. Has any body else any interest in those goods? - A. No; I have left Mr. Yair, and I now reside in another house.

Q. What may be the lowest value of these goods, if you were to purchase them? - A. They cost me about 2l. 15s.

Court. (To Bell.) You say you suspected something? - A. Yes; she had her hands under a very long scarlet cloak, as if she was drawing up something.

The prisoner left her defence to her Counsel, and called three witnesses, who gave her a good character.

GUILTY, (Aged 28.)

Of stealing but not privately .

Confined two years in the House of Correction ,

and fined 1s.

Tried by the second Middlesex Jury, before

Mr. RECORDER.

Reference Number: t17970426-27

296. WILLIAM FREEMAN was indicted for feloniously stealing, on the 18th of March , twenty pounds of bacon, value 15s. the property of John Mackintosh .

JOHN MACKINTOSH sworn. - I am a cheese-monger , in Strutton-ground, Westminster : On Saturday, the 18th of March, between nine and ten o'clock at night, Freeman and Hill came into my shop for a rasher of bacon, I cut it them; Hill said to Freeman he might stop and pay for the bacon and he would go on; in the mean time that I was giving change for a shilling my maid saw the same piece of bacon that I cut the rasher off lifted away; she immediately went out, and about eight doors off, she found Hill with the bacon under his arm; I went after her, and met her coming back with the bacon, there were twenty pounds of it; she said it was the same man that came in with that boy, Freeman was present and heard her say so; he said he did not know any thing of the man; I told him I would let him go it he would tell me where Hill was to be found, but he absolutely refused, and I sent him to the watch-house; the other had run away, and then the constable of the night went and found Hill,(the bacon produced); the maid has had it in her room ever since; I am sure it is the very bacon I cut them a rasher off, I missed it directly.

MARY GENTLEMAN sworn. - I am servant to the prosecutor: I saw the prisoner in the shop, he came in with a man to buy some bacon; the boy asked for it after he was served, I was behind the other counter, and I saw the bacon moved off; I immediately went out and caught the man with the bacon under his arm, he told me the boy was waiting to pay for it.

JOHN BALL sworn. - I am a constable of St. Margaret's, Westminster: I had an information that Hill had stole some bacon, and I went and apprehended him.

Prisoner's defence. I was going in to this gentleman's shop, and I met this William Hill, and he desired me to buy a rasher of bacon for him; I told him I would not unless he gave men the money; and he said he would pay me when I got to the public-house; I asked for a pennyworth of bread, and while I was getting the bread the gentleman missed the bacon, he said I was concerned with him; I told him I did not know the man; I am very innocent of it.

NOT GUILTY .

Tried by the second Middlesex Jury, before

Mr. RECORDER.

Reference Number: t17970426-28

297. JAMES CHAPMAN was indicted for feloniously stealing, on the 4th of March , a leather half boot, value 3s. the property of Matthew Moggridge .

MATTHEW MOGGRIDGE sworn. - I am a boot and shoemaker in Fleet-street : On Saturday the 4th of March, about three o'clock in the afternoon, coming from the back shop to the front shop, I saw five or six boys about the window; one of them had got a half boot off the hook, the outside of the door; by that time I got to the door, Chapman had got the boot secreted under his coat; I brought him immediately into the shop with the boot under his coat.

Q. Are you sure that boot was one that had hung at your door? - A. Yes.

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

GUILTY (Aged 21.)

Judgment respited to go for a soldier .

Tried by the London Jury, before Lord KENYON.

Reference Number: t17970426-29

298. CHARLES SMITH was indicted for feloniously stealing, on the 20th of March , a cotton waistcoat, value 4s. 6d. the property of William Hayward .

WILLIAM HAYWARD sworn. - I keep a sale-shop , No. 17, Barbican : The prisoner came into

my shop on the 20th of March, about six o'clock in the afternoon, to look at some waistcoats; he bid me money for one which I could not take; I had missed a great deal of property the day before; I suspected him, I let him go, and followed him a yard or two, and found upon him a new waistcoat that I had been shewing him. (Produces it).

WILLIAM WRIGHT sworn. - I was sent for to take charge of the prisoner; he had but two-pence halfpenny in his pocket.

Prisoner's defence. I went into this gentleman's shop for a waistcoat; he shewed me that waistcoat, and I offered him 5s. 3d. for it; I took the waistcoat, and went to the door to the light to see the money, and he came to me, and took hold of me, and said, I was going to run away with it; I offered him the full value of the waistcoat four or five times, and he said he would send me to jail, and transport me; the money was in my breeches pocket.

Q.(To the Prosecutor). How far had he got from your house? - A. He had got quite clear out a yard or two. GUILTY (Aged 15.)

Judgment respited to go for a soldier .

Tried by the London Jury, before Mr. Baron HOTHAM .

Reference Number: t17970426-30

299 WILLIAM AMBRIDGE and JAMES BARRON were indicted for breaking and entering the dwelling-house of Thomas Barber , about the hour of eight in the night of the 27th of March , and burglariously stealing fourteen cornelian seals set in gold, value 141. seven gold enamelled watch-keys, value 3l. and two gold bracelets, value 40s. the property of the said Thomas Barber, in his dwelling-house .

THOMAS BARBER sworn. - I am a watchmaker and silversmith at Brentford : On the 27th of last month, I left out of my shop window fourteen cornelian gold seals, and seven gold enabelled keys. I was at tea in the parlour at the time.

Q.Was any violence used in coming into your house? - A. The glass was cut out of the window; the servant came in and said, the man had neglected to shut the shop; I instantly went into the shop and found some property gone; I pursued about a mile and a half towards London, I detected the two prisoners at the Pack-house, at Tumham green; I apprehended them, and searched them; I found upon Barron, nine gold seals, five gold keys, and two bracelets; I did not find any thing upon Ambridge (produces the property); I am sure this is my property.

Cross-examined by Mr. Knowlys. - Q. You say you and your family had gone to tea behind the shop? - A.No; at the side of the shop.

Q. Out of view of the shop? - A. Yes.

Q. What time had you left your shop to go to tea? - A. We are not in the habit of sitting in the shop at all; I had left the shop about half an hour.

Q. You only pursued in consequence of information? - A. Yes.

Q. When you came to this house, where you found the two prisoners, were there not other persons in the room? - A. There was one other person, but he made his escape.

HENRY SLAUGHTER sworn. - I live near the prosecutor's at Brentford: I was going past his house, and saw two men at the window; I can only speak to one of them, Ambridge, I am sure he is the person; I did not see them do any thing.

SAMUEL DENNING sworn. - I keep the Pack-house, at Turnham-green: These lads came to my house to enquire for a coach to go to town, and Mr. Barber came in with an alarm; I saw him take the property from one of the lads.

Ambridge NOT GUILTY .

Barron GUILTY Death . (Aged 15.) Of stealing the goods in the dwelling-house, but not of the burglary.

The prisoner was recommended to mercy by the Jury on account of his youth.

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17970426-31

300. WILLIAM CRAY was indicted for breaking and entering the dwelling-house of Samuel Owen , about the hour of two in the night of the 6th of April , and burglariously stealing two live hogs, value 7l. the property of the said Samuel .

SAMUEL OWEN sworn. - I am a butcher in the parish of Hanwell : I lost two live hogs on the 6th of April, out of my sty adjoining my dwelling-house.

Q. You cannot get to the sty without going through the house? - A. No; I had seen them at eight o'clock on the evening of the 5th; I missed them at eight o'clock the next morning. The outside fence was a hurdle, and they had cut the rope, and took the hurdle away, and enticed the hogs out with some corn. In consequence of information on the road, I traced them to Westminster, where I found them in the possession of the officer.

Q. Did you know them to be your pigs? - A. Yes; I do not know any thing of the prisoner.

JAMES BLYTHE sworn. - On the 6th of April, I had had information that a number of hogs had been lost, and I heard that there were some at a house in Pimlico; I went there with another person, and found the prisoner at work in the house, making spiles for brewers; there was a sty in the garden behind the house, where I found the hogs that Mr. Owen has sworn to; I afterwards found seven hogs in a place under the stairs. I searched

the house afterwards, and found a pistol and some phosphorus, with some powder and slugs. (Produces them).

Q.Was the pistol loaded? - A. No.

The prisoner left his defence to his Counsel.

GUILTY of stealing the goods, but not of the burglary .

Transported for seven years .

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

Reference Number: t17970426-32

301. JARVIS STREETER was indicted for stealing, on the 26th of March , forty-two glass bottles, value 7s. and sixty-three pints of port wine, value 4l. the property of Thomas Lewis , Esq. in his dwelling-house .

Second Count. Charging him with stealing the same goods in a certain out-house belonging to the prosecutor.(The witnesses were examined apart at the request of the prisoner.)(The case was opened by Mr. Trebeck.)

JOHN HUMPHREYS sworn. - Q. Where do you live? - A.As coachman in the stables, in Jockey's fields, Bedford-row . On the 26th of last month, I was looking out at the stable window, and saw a Hackney-coach at Mr. Lewis's stable, between nine and ten o'clock at night; I saw something put into the coach, but what it was I could not see, I cannot say who put it in, there were two persons; after that, I went round to Mr. Lewis's house, and informed the servant there was something taken out of the stable, but what it was I could not tell.

Q. Was your fellow servant with you? - A. My fellow servant was gone; Francis Roberts came to me.

Q. What became of the Hackney-coach? - A. The persons ordered the coachman to drive it to Russel-street, I did not follow the coach; I saw no more of the coach that evening, nor the people that got into it; I am certain the things came out of Mr. Lewis's stable.

FRANCIS ROBERTS sworn. - I am coachman to Mr. Cooper of Southampton-buildings, my master's coach stands at Jockey's-fields: A little after nine o'clock, as I was putting my pole into the carriage, a Hackney-coach came down the mews, and was ordered to turn round, I don't know who ordered it to turn round; and I saw a box put into the coach, it came out of Mr. Lewis's stable-door; I was at my own coach-house, about five or six yards distance.

Q. Who put the box in? - A. I cannot pretend to say.

Q.Was there any thing put in besides the box? - A. A little white bundle; they got into the coach and ordered the coachman to drive to Great Russel-street, the corner of some place, I don't know where. I said to John Humphreys I would follow the coach on suspicion; there being no light, I followed it on my own coach-box, I drove to the corner of Wooburn-street; when I came up to the coach, Miss Ladbrook's servant had got the box on his shoulder, they went down Wooburn-street, I followed them no further.

Q. Had you any conversation with the prisoner at the bar? - A. I spoke to the prisoner at the bar, and asked him where he lived; he said he belonged to Mr. Lewis of Bedford-row; I told him he would recollect he had got a box out of Mr. Lewis's stable; he said he knew he had; I told him I knew he had, because I saw him lock the door, and put the key in his pocket.

Cross-examined by Mr. Alley. Q. You told him to recollect he had taken a box out of Mr. Lewis's stable? - A. Yes.

Q. He was in service when he was taken into custody? - A. Yes.

THOMAS LEWIS , Esq. sworn. - Q. You live in Bedford-row? - A. Yes. On the 26th of last month I was out of town, I returned on the Monday morning, and the first information of the transaction I received from Mrs. Lewis; in consequence of that information I was led to think the prisoner at the bar had been in the stable, and I called him up into my room, I had the housekeeper up at the same time, and my own coachman; I asked him if he had been in the stable on the Sunday; he said he had; I asked him who was in company with him; he said, at first, that Mr. Worrel's groom had been with him in the stable; I asked him if Mr. Worrel's groom had a laced hat on, he said, no; I then told him I understood that that person who was in the stable with him had a laced hat on; then he said, it was William, a servant who had just left my place; I asked him what business he had there with William; he said he was assisting him to take his things away out of the stable; I asked him if the things had been under his care; he said, no, but that the coachman had them, and that he was assisting to take them out of the coachman's stable; I asked him, if they were in the coachman's care what business had he to take them away from the coachman's stable; and the coachman, who was present, told me, that the thing which the prisoner had taken out of the stable were the things which he had before had in his custody; I asked him what things they were; he said he did not know particularly, he believed they were old clothes; I asked him what they were in; he said a square box, and a bundle; I then observed to him, that it was very extraordinary that he should have things belonging to this man; and then I asked him to tell me the truth.

Court. Q. Did you make him any promises? - A. None; he said that was the truth; I asked where William lived; he said he did not know; I observed to him that it was very extraordinary; I asked whether William was to call again; he said, yes; I asked when; he said to-morrow; I said, what is he to call on you for; he said he wished to befriend him; I told him I thought it was a very extraordinary connection, and observed to him, that I thought he had done something very bad; I then desired him to give me an account of his plate, which was very correct.

Q.After this conversation did he go out? - A. Yes; I told him he must quit my place that day month; and about five o'clock, after we had dined, he went out.

Q. Did you go out after him, and were to? - A. When I understood he was gone out, and I had got information that the person who was in the stable was Miss Ladbrooke's servant, it struck me it was probable he might be gone to Miss Ladbrooke's; I went to Miss Ladbrooke, and mentioned to her the circumstance; I begged her permission to have her servant up, which she gave, and he was called up, his name is Richard Hinsall ; we went together to the house of a hair-dresser, John Ward , in Wooburn-street, which runs out of Great Russel street; I asked Mr. Ward's permission to go up into an apartment in his house.

Q. Did you find anybody in the apartment? - A. I found a woman and a child, whom I found to be the wife of Richard Hinsall; I was shewn a box and a bundle.

Q. Who was in the room? - A. Mr. Ward the man who keeps the house, Richard Hinsall, and this woman and child; there was no constable.

Q. Who shewed you the box and bundle? - A. The woman; I examined the contents.

Court. Q. What was there in the box? - A. Wine.

Q. What quantity? - A. I think, in the whole, about three dozen and a half, in quart bottles; it was red-port wine.

Q. What was in the bundle? - A. Wine likewise; it was packed in straw.

Q. What did you do with it? - A. I took it away in a Hackney-coach to Bedford-row, to my own house; before I took it in, I desired Ward and Richard Hinsall to remain without while I went in, and they brought; the wine in afterwards; when I got home the prisoner was returned.

Court. Q. What conversation had you with the prisoner, did you make use of any promises or threats to induce him to confess? - A. No; I asked him where he had been; he said, that as he understood I meant to send him to prison to-morrow, he had gone out to see a friend; I asked who his friend was; he said it was Mr. Tubb's servant, in Bedford-square; I asked him if he had been no where else, he said, no; I asked him if he had not been at Miss Ladbrooke's house, he said, no; I asked him if it was not Miss Ladbrooke's servant that had been with him the night before in my stables.

Court. Q. What did he say in answer to that? - A. He said, no; I told him he had told me a great many falsities in the morning, and that those were falsehoods likewise; I told him he had been at Miss Ladbrooke's, that Miss Ladbrooke's servant was with him in the stable, and that the box and bundle which he took out of the stable contained wine.

Q. Did you say whose wine it was? - A. I told him I suspected it was my wine; he denied it, then I told him I had Miss Ladbrooke's servant at the door, and the wine, also the man who kept the house where Miss Ladbrooke's servant had an apartment; he then exclaimed, Oh! sir, you watched me to Miss Ladbrooke's, and cried; I asked him how he had got the wine, he said, it was the savings out of the bottles, and entreated me to have mercy on him.

Q.During the time that last conversation took place, Ward and Hinsall were present? - A. Yes.

Cross-examined by Mr. Alley. Q. I see that the indictment charges forty-two bottles of wine-how many servants have you? - A. Three or four servants.

Q. Therefore I take it for granted it was impossible to carry out of your house, at one time, such a quantity of wine, unless it was carried out by one or two bottles at a time? - A. I take it it was not so, because the box and bundle contained the quantity; I think there were two dozen and an half in the box, and one dozen in the bundle.

Q.Your cellar is attached to your house? - A. Yes.

Q. Do you not imagine it must have been taken away by one or two bottles at a time? - A. It appears to me, that it must have been carried away all at one time.

Q. Was it not taken originally from your cellar one or two bottles at a time? - A. That I cannot tell.

Court. Q. Had this man the care of your cellar? - A. No.

Q. Had you missed any wine? - A. No; I trusted the care of my cellar to my house-keeper; I did not keep any accurate account of the wine.

Q. Whatever quantities of wine might have been taken from your cellar, you are certain that box was the box taken from your out-house? - A. Yes; I went into the cellar afterwards, and I dis

covered there had been several bottles taken from pipes that were set up by themselves, that were not come into use, to a considerable amount.

Q. Upon the whole, can you state how much you missed? - A. No, I cannot.

RICHARD HINSALL sworn. - I live with Miss Ladbrooke: On the 26th of March, Jarvis Streeter came to No. 8, in Queen's-square, and asked me if I would give William leave to let his box be in my room; William was a servant, who had lately left Mr. Lewis's; I told him he was very welcome to leave it there; he asked me if I could assist him to carry it away, I did, he waited for me at the Swan, in Little Ormond-street, and we took a coach to Mr. Lewis's; when we got to the stable, I assisted him in putting a box and a bundle into the coach, we went to No. 1, Wooburn-street, and carried the box and bundle into my room, I did not know the contents of the box nor the bundle; the box was taken away by Mr. Lewis; I went with Mr. Lewis and my landlord to his house; I believe it to be the same box, and in the same condition; I was present when Mr. Lewis called his servant up.

Q. Did you hear all that passed? - A. I was not in the room all the time.

Q. What did pass while you were in the room? - A. Mr. Lewis asked the prisoner how he came by the wine, he told him that he had saved it.

Q. Did he ask for mercy in your presence? - A. Yes, he did.

ANN BROCKLEY sworn. - I am house-keeper to Mr. Lewis, and have been near 20 years; I take care of the keys of the cellar, I never gave the prisoner but two bottles of wine at a time; after this affair was discovered, I found a key in his pantry, which opened the cupboard where the keys of the cellar were kept.

GUILTY Death . (Aged 25.)

Tried by the second Middlesex Jury, before Lord KENYON.

Reference Number: t17970426-33

302. MARGARET BUCKIE was indicted for feloniously stealing, on the 22d day of February , one silver table spoon, value 10s. and three silver tea spoons, value 3s. the property of James Low .

JAMES LOW sworn. - I live at Clerkenwell green , I am a pawnbroker ; I lost some spoons last February the 22d, one table spoon, and three tea spoons off my counter, between the hours of two and four; I had taken them in some time prior, and the persons whose property they were wanted them, but when I returned with the spoons, that person was gone out; I laid them on the counter, and turned to serve another customer, the prisoner at the bar was in the shop at the time they were taken away; I missed them almost immediately, I missed them before she went out of the shop, but I could not charge any one with them; I sent my servant the next morning round to my brother tradesmen, and part of them were found in Leather-lane, part in Baldwin's-gardens, and part in Fox's-court Gray's-inn-lane.

JOHN EDWARDS sworn. - I am a pawnbroker, I live in Portpool-lane, Gray's-inn-lane; I produce a table spoon, I received it of the prisoner at the bar, on the 22d of February, above five or six o'clock in the afternoon; I asked her whose it was, she informed me it was her daughter's; next morning Mr. Low's apprentice came to my shop, and asked me if I had received such a spoon, I told him I had.

Mr. Low. This is part of my property.

JOHN DALE sworn. - I am servant to Mr. Gabel, a pawnbroker, in Fox's-court, Gray's-inn-lane; I have two tea spoons, I took them in pledge of the prisoner at the bar, on the 22d of February, towards the evening, she said she had brought them from a person who lived in the same house that she did.

Mr. Low. They are part of my property.

WILLIAM ROBERTS sworn. - I am a pawnbroker; I took a tea spoon in pledge from the prisoner, on the 22d of February.

Mr. Low. That is part of my property.

Prisoner's defence. Upon the 22d of February, a person said she had found some spoons, and asked me to pledge them, I certainly did pledge those articles produced, they were not marked, and she desired me to ask if she could redeem them again, and what would be the expence of having her cyphers put upon them.

GUILTY . (Aged 40.)

Transported for seven years .

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

Reference Number: t17970426-34

303. THOMAS CAMMEL and WILLIAM HUXLEY were indicted for stealing, on the 21st of February , a pair of cart wheels, value 10s. the property of Stephen Bradshaw .

The case was opened by Mr. Knowlys, but it appearing in evidence that they were coach-wheels, not cart-wheels, the prisoners were found.

Both NOT GUILTY .

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

Reference Number: t17970426-35

304. ANN ATKINS was indicted for feloniously stealing, on the 25th of February , one pewter quart pot, value 12d. and one pewter pint pot, value 6d. the property of William Bates .

WILLIAM BATES sworn. - I live at the Marquis of Granby, in St. George's parish ; I missed

some pewter pots on the 25th of February, one quart pot, and one pint, there was an alarm given, that those pots were stolen in the neighbourhood; at the King's-head; opposite where I live, I found the prisoner; one Smith gave me the information.

JAMES SMITH sworn. - I heard the cry of stop thief, and I followed the woman at the bar and apprehended her; I found these pots on her, she was carrying them under her apron, (produces them); there are seven of them.

Q.(To Bates.) Are any of those your pots? - A. Yes, these two; I cannot tell where they were lost from.

GUILTY .

Confined six months in the House of Correction , and fined 1s.

Tried by the second Middlesex Jury, before Lord KENYON.

Reference Number: t17970426-36

305. ANN DINA was indicted for feloniously stealing, on the 4th of March , a silver watch, value 4l. a tortoiseshell case, value 5s. a silver chain, value 20s. a silver seal, value 3s. a silver key, value 18d. and two pieces of foreign coin, value 9d. the property of Dodrick Crack .

RICHARD OSBORNE sworn. - I am an officer belonging to the office in Marlborough-street: I apprehended the prisoner, on Sunday evening the 5th of March, in Maypole court, No. 12; I searched the house and the prisoner, I found a penny farthing on her, I neither found the watch nor the coin.

DODRICK CRACK sworn. - (Examined by an interpreter.) Q. What country do you belong to? - A.Hanover; I make brass ferrules for guns ; I lost my watch on the 4th or 5th of March, I cannot tell the day; I met the prisoner in the street, we made an agreement, and I went home with her, I went to bed, and hung the watch up upon a nail, there was nobody else in the room but she and me; she twice in the night went out of the room, I missed my watch, and I asked her for it, she rum away, and would not give me any answer.

Q. Have you never found your watch again? - A. No.

Q. Were you in liquor or sober? - A. Very sober.

Prisoner's defence. It was about ten o'clock when I met this man, he went home with me, and asked if I would have something to drink, he gave me a shilling, and I returned him the change; he would give me but half-a-crown till the morning; he asked me for his watch, and put his hand into my pocket, and took away what he gave me, and a shilling besides; I never saw him before.

NOT GUILTY .

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

Reference Number: t17970426-37

306. WILLIAM MOORE was indicted for feloniously stealing, on the 18th of April , one cloth great coat, value 15s. a check handkerchief, value 6d. a silver watch, value 40s. a steel chain, value 6d. a steel seal, value 6d. and two metal keys, value 2d. the property of John Pembry .

JOHN PEMBARY sworn. - I live at Paddington : Last Tuesday morning, about six o'clock, I lost a great coat and a handkerchief, the prisoner came to my house and took my watch first, and I forgave him for that, because I had it away from him again.

Q. What did he come to your house for? - A. In the first instance, we drank a pot of beer together, he seemed to be distressed for a lodging, and I let him lay an hour or two in my house, he never undressed himself at all; I got up about six o'clock, and while I was cutting a bit of victuals, he took my watch; I called to him, and he gave it me back again; then he came, about a quarter of an hour or twenty minutes after, and took my coat; I missed my coat, and I found him at the Orange-tree, in Tottenham-court road; he had the coat and my handkerchief.

JOHN TAYLOR sworn. - I am a peace-officer; I apprehended the prisoner, and my brother officer; has had the things in his possession ever since. (The things produced.)

Prosecutor. This is my property, this is the same handkerchief, and that is my coat.

Prisoner's defence. On the 17th of this month, we met at a public-house together, about two o'clock in the afternoon; I was drinking a pint of beer, he asked me what countryman I was, and we continued together till eleven o'clock; he then asked me how I was situated for a lodging, and told me I was welcome to sleep along with him; I own I did take the watch from the mantle-piece, but I did not go away, I returned it; the great coat I bought, and gave seven shillings for it.

GUILTY (Aged 40.)

Transported for seven years .

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

Reference Number: t17970426-38

307. MARGARET SALMON was indicted for stealing, on the 16th of March , eight yards of printed cotton, value 16s. and one muslin apron, value 1s. the property of Susannah Niblow , widow .

SUSANNAH NIBLOW sworn. - I live in Westminster : On the 17th of March, I missed a piece of cotton, containing eight yards, and a muslin apron; I was from home when the property was taken; my daughter went to the Magistrate and got a constable; I know nothing at all of the matter, but is my property.

ELIZABETH NIBLOW sworn. - I am the daugh

ter of the last witness; I live with my mother, my mother was from home; I left the room about ten minutes, the prisoner lived in the same house, it is a lodging house; about four o'clock in the afternoon, I saw the printed cotton and the muslin apron in the room, in a box; I staid about ten minutes, I did not miss the things till the next day; I went to the Magistrate's immediately, and got a constable; I searched her room, and found two duplicates upon her, I found the cotton at Mr. Salkeld's, pawnbroker, in the Strand; the apron was at Mr. Wright's, in Tothill-street, Westminster.

- ALLEN sworn. - I am servant to Mr. Salkeld, in the Strand; I saw the prisoner at the time she pawned the cotton, on the 16th of March,(the cotton produced); I am sure this is the cotton she brought, I lent her half-a-guinea upon it, I have known the woman seven years.

Elizabeth Niblow . This is the cotton, there is no particular mark upon it, I bought it, and have some more of it.

Susannah Niblow . This is my property.

WILLIAM CHAMBERS sworn. - I know the prisoner at the bar, she came on the 16th of March and pawned a muslin apron for a shilling. (Produces the apron.)

Susannah Niblow . This is my apron.

Prisoner's defence. They both said, it my husband would give the money to them, they would not distress me for it, and would not put me to trial.

GUILTY

Confined six months in the House of Correction , and fined 1s.

Tried by the second Middlesex Jury, before Lord KENYON.

Reference Number: t17970426-39

308. ELIZABETH TIPPETT was indicted for stealing one guinea , on the 14th of March , the property of Grace Watts , spinster .

GRACE WATTS sworn. - I am servant to Mr. Quick the pawnbroker: I lost a guinea on the 14th of March, my master keeps a lodging-house besides; a man came for a bed, as I was giving the man change, this woman came and snatched a guinea out of my hand, and swallowed it.

Q.Was any body by? - A. Charlotte Granger came, and put her fingers into her mouth, and the prisoner bit them, my master opened her mouth with a key.

CHARLOTTE GRANGER sworn. - I went into the shop to speak to Grace Watts , and she said she prisoner had snatched a guinea from her, and put it into her mouth; I put my fingers into her mouth, I felt something, and Mr. Quick put a key into her mouth, and the prisoner said to Mr. Quick,"So help me God, I have swallowed it."

THOMAS MUMFORD sworn. - I am an officer: I took her into custody; I know nothing at all about the guinea.

Prisoner's defence. I know nothing of the matter; I believe I had about fifteen-pence; one of them made a blow at me when I was taken up to Bow-street. I hope you will be so kind as to look into the character of the master, and his deputy; the master has been pilloried at his own door.

GUILTY (Aged 36.)

Confined six months in the House of Correction , and fined 1s.

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

Reference Number: t17970426-40

309. JAMES ANDREWS was indicted for being found at large, on the 8th day of February , before the expiration of the term of seven years, for which he was ordered to be transported .

RICHARD TILCOCK sworn. - I am a constable: In consequence of information of a person being robbed in St. Paul's-church-yard. I went into a house called the White-lion, in Poppins-court, Fleet-street , I found the prisoner at the bar there; I asked him who he was, he said he was a shoemaker, and lived on Saffron-hill; I searched him, and found a brace of pistols loaded with slugs; I took him before the Lord Mayor the next day, and shewed the pistols, and he was remanded back for further examination as to character, and somebody happened to know him in Lombard-street; he was in the tap-room with about ten or twelve persons of his description; I went there on Wednesday the 8th of February, between the hours of eleven and twelve at night; he was made known to me in about three or four days after.

JAMES WATSON sworn. - I am a taylor: On the 8th of February I was with Richard Tilcock; I went to the White-lion with him, in Poppins-court, Fleet-street, and assisted him in conveying the prisoner to the Compter.

RICHARD PHILLIPS sworn. - I am a constable of the parish of St. Luke's: On the 15th of February, James Watson asked me to go with him to the Mansion-house; I saw the prisoner there, I know nothing of him personally, that is the man I saw there; the Lord Mayor sent me to Mr. Knapp's, in the Temple, to get the certificate of his conviction. (Produces the certificate.)

(Mr. Michael John Fitzpatrick proved Mr. Knapp's hand-writing.)

JOHN NOWLAND sworn. - I am an officer belonging to the Public-office, Whitechapel: I saw the prisoner tried and convicted at Chelmsford, on the 13th of March, 1795, for robbing Mr. Hancock, a butcher, of Bow-bridge.

Q. What was his conviction for? - A. For stealing a watch from Abraham Hancock ; I have had him in custody before, I have no doubt of his having been tried at that Assizes. (The certificate read.)

- BERRY sworn. - I was with Tilcock when this man was taken; there was a great mob of people, and he asked me to assist him with the prisoner to the Compter.

Prisoner's defence. I throw myself on the mercy of the Court.

GUILTY Death . (Aged 19.)

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970426-41

310. JAMES TURNER and THOMAS JONES were indicted for stealing, on the 8th day of April , one wooden cask, value 1s. 6d. two gallons of peppermint, value 15s. the property of Thomas Fassest , Sir Robert Burnett , Knt. and Robert Burnett , the younger.

WILLIAM DIXON sworn. - I am not connected with Fasset, I saw the robbery committed, I am a hosier in Fenchurch street ; On the 8th of this month, about two in the afternoon, on the Saturday, I observed the two prisoners for some time, following different carts which had goods in them, they at last fixed their attention upon the cart belonging to the prosecutors; that they should not observe me, I went into Mr. Wilson's, a hatter's; I had not been in above two minutes before the prisoner, Turner, who had an apron on, pulled it off, and gave it to the other prisoner, Jones, to put on; Jones then walked round the cart, and Turner stood watching; a cart went by, and the prisoner Jones took the opportunity and got upon the wheel of the prosecutor's cart, and took this cask out,(the cask produced); as soon as he got down I ran out and secured him, he had it under his arm; I took him to a grocer's shop, where the cart stood, and a friend of mine came up, and I and him ran after Turner, and secured him. I am sure it is the same cask, it contains two gallons of peppermint.

JAMES WILSON sworn. - I am a hatter, in Fenchurch-street: I saw the prisoner, Jones, take the cask out of the cart; I am sure this is the cask; I had the case of it till Mr. Dixon came back.

JOHN KING sworn. - I am a sugar-factor: I was coming up Fenchurch-street on the 8th of April, about two o'clock, I saw the two prisoners at the bar, and they being pointed out as suspicious characters I was induced to watch them; at that time, the tallest man had an apron on, the other had not; I observed a cart, and I went round the corner of Philpot-lane, and during that time coaches passed and I could not see; they made no alteration in their dress, except that the other man had the apron on, and he appeared like a grocer's porter; I saw the prisoner, Jones, go round to the right-hand wheel, and take the cask out of the cart, and he brought it down upon his arm; I followed Turner up a passage and took him. Those are the two men I am positive.

THOMAS PERRY sworn. - I am a constable: I have had the cask in my possession ever since it was delivered to me at Mr. Bell's, grocer, Fenchurch-street.

SAMUEL TAYLOR sworn. - I am carman to Messrs. Fassett and Co. I was at the bottom of Paul's-head court, I was delivering some goods at a house in the court; I had two casks of liquor to deliver, and while I was delivering them, I heard the alarm given that my cart had been robbed, and I found this cask deficient, it contains two gallons of peppermint; there is a mark upon it, it is what they call a crow's foot, it is a private mark.

Prisoner Turner's defence. As I was walking along, that gentleman came and bid me come back, I know nothing of it.

Prisoner Jones's defence. As the cart was standing by the end of the court, a man asked me to take the keg out for him, I took the cask out, and those gentlemen run from over the way, and took hold of me; I know nothing of this young man, I am entirely innocent.

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

James Turner , GUILTY (Aged 25.)

Thomas Jones , GUILTY (Aged 20.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970426-42

311. ELIZABETH SMITH was indicted for feloniously stealing, on the 7th of January , a black satin waistcoat, value 4s. the property of Philip Thompson .

PHILIP THOMPSON sworn. - I am a lighter-man : I have lost upwards of 20l. worth of things; the prisoner was a servant of mine, at Camberwell , for eight months.

Q.When was that waistcoat taken from you charged in the indictment? - A. Every Saturday she came to my house with linen that she used to wash, and take another bundle with her; I missed the waistcoat on the 7th or 8th of January, it was on a Saturday; it is a new satin waistcoat; I found it pawned at Mr. Pearce's, London-wall; I knew it to be my waistcoat by a knife I had in the pocket, and the initials of my name P.T. marked upon the back of it, and in consequence of finding my waistcoat, I traced her out.

ELIZABETH RIVERMOORE sworn. - I take in

washing; I know nothing at all about the waistcoat; the prisoner called upon me on the Saturday, and told me she had some linen to take to a lady at Camberwell; that is all I know about it.

EDWARD BROWN sworn. - I am a pawnbroker's apprentice; I produce a satin waistcoat, it was pawned with me on the 7th of January; the duplicate is in the name of Elizabeth Smith; I have seen the woman before frequently.

Q.Have you kept the waistcoat ever since? - A. No; Mr. Thompson wanted to go to a funeral, and he had it, but I am sure it is the waistcoat she pawned.

Mr. Thompson. This is my waistcoat; there is P.T. at the bottom of it.

Prisoner's defence. I know nothing of the property.

GUILTY . (Aged 48).

Confined two years in the House of Correction , and fined 1s.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970426-43

312. ELIZABETH BENNETT was indicted for feloniously stealing, on the 18th of March , twenty yards and a half of muslin, value 5l. 12s. three yards and three quarters of muslin, value 1l. 4s. eight yards and three quarters of Irish linen, value 1l. 1s. 10d. one yard of lace, value 1s. a calico petticoat, value 1l. one pair of dimity pockets, value 2s. two muslin neckcloths, value 1s. and five neck handkerchiefs, value 1l. 5s. the property of Joseph Portal , in his dwelling-house .

JOSEPH PORTAL sworn. - I am a linen-draper in Bishopsgate-street ; the prisoner was a servant in the house, she lived with me about three months and a fortnight. I first missed the property in January; the first article I missed was a piece of plain muslin; I taxed her with it on the 18th of March, I told her I insisted upon seeing her box opened; she said she would go up stairs and open the box before me; I found a calico petticoat belonging to me, I found nothing else at that time, I told her to come down and take her wages and go; I was directed afterwards to take a search-warrant, and search her sister's apartments; I went immediately to her sister's, whose name is Parker, and found the box, and her brother-in-law, after searching his house, brought the box to me in the evening, on the 18th of March; the box is here with its contents.

Q. This box contains the whole of the things charged in the indictment? - A. Yes; the prisoner gave me the key of the box before it was brought to my house.

RICHARD PRITCHARD sworn. - I am servant to Mr. Portal: all I know about the matter is, I saw this petticoat taken out of her box, the prisoner was present; I cannot say the petticoat belonged to my master.

WILLIAM FISK sworn. - I am a Police officer belonging to Worship-street: On Saturday the 18th of March, Mr. Portal came for a search-warrant; I found the petticoat, part of the property, in the prosecutor's house; then I found three handkerchiefs, a piece of muslin, a pair of stockings, and several things in the prisoner's box.

Court. Q. Were there twenty yards and a half of muslin in the box? - A. It was measured by the prosecutor, he can give you an account of it; I have kept these things ever since. (The box produced).

Mr. Gurney. Q.(To Mr. Portal). After you had discovered the petticoat, I believe you told the prisoner if she would confess she had taken the property, you would forgive her? - A.Nothing at all like it.

RICHARD ROBERTS sworn. - I know nothing further of the transaction than I saw the box brought to Mr. Portal's house by Parker; I went with them to the Magistrate's in Worship-street; I saw the box opened and its contents, it was on the 18th of March, and they were sworn to by Mr. Portal.

Q.(To Portal). Look at the twenty yards of muslin, can you swear to it? - A. Yes, I can, from its having my own hand-writing on it at each end.

Q.What is the value of it? - A. It has been cut since I had it, it was in one piece when she took it, the piece cost me six guineas, at 5s. 9d. a yard.

Q.It is valued at 5l. 12s. would you give that for it? - A. Certainly I would.

Q. The three yards and three quarters of muslin, can you prove that to be your's? - A. Yes; but there is not my mark on that part, because the prisoner has made part of it into a petticoat; I value that at 24s.

Cross-examined by Mr. Gurney. Q. All the articles, excepting the petticoat, were found in the box, which Mr. Parker brought to your house? - A. Yes; except little trifling articles.

Q. The twenty yards of muslin is now in two pieces? - A. It is in two pieces, I cannot tell the length of them now.

Q. You cannot tell whether they were taken in one piece or two pieces, they might have been taken at different times for what you can tell? - A. They certainly might.

Q. You will not state the value too high? - A. I state it at what it cost me.

Q. I believe you had a very good character with this woman? - A. Yes, I had.

The prisoner did not say any thing in her defence.

GUILTY (Aged 22.)

Of stealing to the value of 39s.

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970426-44

313. THOMAS FOREY was indicted for feloniously stealing, on the 15th of April , one silk handkerchief, value 4s. the property of William Butcher .

Pleaded GUILTY .

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970426-45

314. WILLIAM HILL was indicted for feloniously stealing, on the 18th of March , twenty pounds weight of bacon, value 16s. the property of John M'Intosh .

Pleaded GUILTY .

Confined two years in the House of Correction , and fined 1s.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970426-46

315. MARY MACNAMARA was indicted for feloniously stealing, on the 22d of April , a piece of printed calico, containing three yards, value 5s. the property of Thomas Clark and Thomas Boyd .

JONATHAN VARTY sworn. - I am servant to Mess. Thomas Clark and Thomas Boyd, No. 117, High-Holborn : On Saturday evening last, between six and seven o'clock in the evening, I saw the prisoner in our shop looking at some goods; after looking at her some time, I saw the print lying upon the ground; I heard her drop something, she then stooped down and picked up this print under her clothes; I accused her with it, and she denied knowing any thing of it, and as she took a step or two backward, it dropped from her, and was taken up by Mr. Thomas Boyd; a constable was then sent for, who took her to Bow-street, and she was committed, (produces the property); Mr. Boyd gave it to me, and I have had it ever since; I know it to be our property by the private mark.

THOMAS FRENCH sworn. - Last Saturday evening, the prisoner came into our shop, and asked to look at the some prints; I shewed her some, and this print is one of them, I did not see her take it.

Q. Is it printed calico? - A. Yes; I saw it afterwards in Mr. Boyd's hand.

EDWARD TREADWAY sworn. - I am an officer; I was sent for to take the prisoner into custody, that is all I know of it.

Prisoner's defence. I went in for a quarter of a yard of cloth, and this piece fell down, and the man said I was going to take it away, and directly sent for a constable.

GUILTY (Aged 17.)

Confined twelve months in the House of Correction , and fined 1s.

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

Reference Number: t17970426-47

316. WILLIAM NOAH , JOSEPH JEFCOURT , and FRANCES GUNNING , were indicted, the two first for breaking and entering the dwelling-house of Cuthbert Hilton , about the hour of three in the night of the 13th of February , and burglariously stealing two thousand pounds weight of lead, value 23l , and Francis Gunning for receiving the same, knowing it to have been stolen .

CUTHBERT HILTON sworn. - I am a plumber , No. 18, Princes-street, Westminster : On the night of Monday the 13th of February, or the morning of Tuesday the 14th, I lost, I suppose, a ton and a half of lead, I cannot exactly say; I lost it from my warehouse, which abuts to the dwelling-house, the shop was built after the dwelling-house.

Q. Is there any door immediately from the one to the other? - A.No; it is about five feet across a yard; there is a wall goes round the yard. In the morning when I got up, I was informed that I had been robbed, and I immediately went over to Noah's house, he lived opposite to me; he was not at home, his wife sent him over to me when he came home; he deals in lead, and I had gone over to give him information if any should be offered for sale, to stop it; he told me he had no lead at present, but if any should come, he should know what to do with it, that was all that passed. I found one piece of lead, that I can identify, in a cart, the Saturday night following, about nine o'clock. (It is produced).

Q.Are you sure that is a piece that you lost the night of the 13th, or morning of the 14th? - A. Yes; I am sure of it, it was a piece that was on the block not finished; the cart was going out of Great George-street, there were Noah and Jefcourt, with the cart, and somebody else that got away. They both said they did not know any thing about the property; they were stopped just as I came up to the cart; there was three hundred weight of lead in the cart, besides this; I did not see any body else with it; the other was sheet lead, which I believe to be mine, but I cannot pretend to swear to it. The lock of the shop-door had been forced open with a chissel, or something, it was a very great strain; I suppose they came over the wall.

Cross-examined by Mr. Gurney. Q. This shop

was built after the dwelling-house was built? - A. I believe it was.

Q. In order to go into it, you go out of one door from the dwelling-house, and through another door into the shop? - A. Yes; there is a little bit of an angle of about five feet between the two doors.

Q. It was on Tuesday night that you lost your lead? - A. Yes.

Q. On Saturday following you found it in a cart? - A. Yes; a small part of it.

Q. You did not see either of the prisoners with the cart? - A. Yes, I did; they were stopped just as I came up to the cart.

Q. You did not see either of the prisoners driving, or accompanying the cart? - A. I did not.

HENRY COOPER sworn. - I am apprentice to Mr. Hilton: On Monday evening I locked the shop-door myself, and on Tuesday morning it was broke open; I missed a great deal of lead, and this cistern head I can swear to, which I saw in the cart on Saturday evening, Mr. Hilton was with the cart before me; I did not see any body with it.

Cross-examined by Mr. Gurney. Q. You were the last person in the shop? - A. Yes.

Q. Are you sure of it? - A. I really believe I was.

Q. Were there no other persons in the house? - A. Yes.

Q. Are you able to swear that no other persons had been in the shop? - A. No; but the lock was broke.

Q. You had not the key in your pocket? - A. No; it hung up.

Q.Then there was no impediment to prevent any body from going in? - A. No.

JOSEPH LEE sworn. - On Thursday, the 16th of February last, I was going along with my cart and horse to collect some old iron.

Q. What do you mean by collecting? - A. To buy old iron; I always go all along Westminster once a week, and stop at all the old iron shops; I stopped at Mr. Noah's shop, and asked if he had any old iron; he told me he had; I laid out with him about fifteen shillings and sixpence for iron; afterwards he told me he had something, that he could put a few pounds in my pocket; I asked him what it was; and he said, it could not be done before night, on account that it belonged to a person opposite the window.

Q. Were you a very intimate friend of Noah's? - A. I used to buy old iron of him; he told me he could put a few pounds in my pocket; I asked him what it was; and he told me it was lead, and he would show my partner where the lead lay; he said, it could not be at his house because it belonged to the prosecutor; my partner went with the horse and cart to the foot of Westminster-bridge, and I went with him, and saw the lead; he asked me what I could afford to give for it, and asked me, if I would give ten shillings a hundred; I told him I would.

Q. How much is it really worth? - A. We give fourteen shillings for it, and sell it, for fourteen shillings and sixpence, old lead, but this was new; I did not take it away that evening because I wanted to find out the prosecutor's name, and I told him I could not fetch it till Saturday night; I saw him on Saturday, and gave him information of it; I went to a public-house and sent for him, I would not go to him because of the prisoner living opposite the window.

Q. Did you tell him what had passed between you and Noah? - A. Yes; I then took my horse and cart, and fetched it away; I got the lead loaded in the cart; when the cart had been loaded with four or five pieces, Mr. Noah desired me to put the cart in Cartwright-street, and he would look out to see if there were any officers about; he knew them all, and three others were to go with the cart; the cart was put into Dartmouth-row, in a bye-place; Jefcourt, and two others, went with the cart, the two others got off; Jefcourt was to have gone home with Noah to my house, because he would not trust him to receive the money alone; Mr. Noah agreed with me for ten shillings a hundred.

Q. How far was your cart removed from the place where it was loaded before it was stopped? - A. I cannot say rightly; it might be fifty or sixty yards; the cart was stopped by Joseph Purser , an officer, and they were taken to Bow-street.

Cross-examined by Mr. Gurney. Q. Upon what book were you sworn? - A.Upon the book I ought to be sworn; upon the Old Testament.

Q. Was your hat on? - A. Yes.

Q. Your way of getting a livelihood is by going about with a horse and cart and buying old iron? - A. Yes.

Q. You had no particular acquaintance with Noah? - A. I had bought a little old iron of him several times.

Q. He told you he could put some pounds in your pocket; and that the property could not be at your house because it belonged to the gentleman opposite? - A. Yes.

Q. And pointed immediately to the house? - A. Yes.

Q. Was there any reward offered, do you know, about this time, respecting this lead? - A. Not to my knowledge; I did not enquire about it; I did not do it for the sake of any reward; I told Mr. Hilton I did not wish to have any thing, for I would have laid out two guineas rather than it should not be discovered.

Q. You were a complete patriot, you did it merely for the sake of public justice? - A. Yes.

Q. You never heard of a reward in case of a burglary? - A. I did not know whether it was a burglary or a felony.

Q. Did you ever hear of a reward in case of a burglary? - A. No; I never heard of such a thing.

Q. How long have you followed this trade? - A. Six years.

Q. And never heard of a reward in a case of burglary? - A. No; I know the officers get a reward, but I did not know that any other person had it.

Q. How often have you been examined here? - A.Never before.

Q.Nor any where else? - A. No.

Q. Then you do this merely with a view to public justice, and not for the sake of any reward? - A.None.

Court. (To Hilton.) Q. Did the last witness, at any time, apply to you? - A. Yes; on the Saturday, about two or three o'clock in the afternoon, he sent for me to the Princes-head, the corner of Queen-street, Westminster.

Q. Did he give you any information of your lead? - A.He did, and an appointment was made in consequence of it; I directly went for two officers, he told me where they were to load the cart in Cartwright-street, he was to give us a signal when it was loaded; but before the signal was given, a young man came and told us the cart was loaded, and we went out and met the cart; Noah and Jefcourt, and two other persons, were present.

Mr. Gurney. Q. You did not see Noah and Jef-court with the cart? - A. Yes, I did.

Q. After they were taken? - A. Yes.

Q.Then how far they were from the cart when they were taken you do not know? - A. No, not far.

ISAAC SOLOMONS sworn. - I live in Roper's-buildings, Houndsdich: On Thursday, Noah took me and my partner to the house, where the lead lay in a one pair of stairs room, in Barton's-row; I went up stairs, and saw the woman prisoner washing, he desired her to shew me that lead, and she turned down the bed, and I was very much shocked when I saw it; we did not take it away then; I went again on Saturday to get it away, and the prisoner Jefcourt was with the cart, and another soldier; there was a plan said for them, and they were stopped; Noah was loading the cart when it was stopped.

Cross-examined by Mr. Gurney. Q. How long have you been in partnership with Lee? - A. Nine months.

Q. In the same trade of picking up old iron? - A. Yes.

Q. Your virtue was quite shocked at the fight of this lend? - A. Yes; it was quite new lead.

Q. Had you and your partner no concern in this lead before Thursday? - A. No; I am certain sure of it.

Q. Did you happen to be that way on Tuesday morning? - A. No.

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

Q. Did you ever hear your partner say that he had? - A. No.

WILLIAM STILLWELL sworn. - On the 14th of February, about half past four in the morning, I was going down Bennet-street, and saw Mr. Hilton's back door open; I saw four men standing round the door, but it was so dark that I cannot swear to any man; that is all I know.

JOHN BLEACHEY sworn. - I am a painter and glazier: On Saturday, the 18th, I went to the Queen's-head, accidentally; I went into the taproom, and Mr. Hilton called his men, and me, into the parlour; Mr. Hilton asked me to go into Dartmouth-street, and look if I could see a cart there; I went into Cartwright-street, and saw a cart come; I came back to Mr. Hilton and told him the cart was come; and he said, go again, and see if it is loading, and when I got there, I saw Noah driving it away; I went away to tell Mr. Hilton, and the cart was then stopped; Jefcourt and Noah were with it.

Cross-examined by Mr. Gurney. Q. How far was Noah from the cart at this time? - A. He was at the horse's head.

Q. Did you see him go along with the horse? - A. I saw him in Queen-street with it; he was taken in Great George-street.

Q. How far is that from Queen-street? - A.About one hundred yards.

Q. Were you close by at the time he was taken? - A. Yes.

Q. Was it a light or a dark evening? - A. A dark evening.

Q. How far were you able to see with distinctness? - A. About five yards.

JOSEPH PURSER sworn. - I am an officer; Mr. Hilton fetched me on the Saturday evening to a public-house, the two Jews were there, and in consequence of this information, we met the cart, and took them into custody.

For Noah.

CHARLOTTE ANDREWS sworn. - Examined by Mr. Gurney. I lodged in the prisoner's house at the time of the robbery; he was taken up on the Saturday, I saw him the Tuesday before in the morning, at a quarter after four, and his wife with him; I am an unfortunate girl, I owed him some money, and went in to pay him.

Q.What time did you come home? - A. About a quarter before four, and he let me in.

Q.When he came to let you in, was he dressed? - A. No, he had nothing but his shirt on.

Q. Was there any appearance of his having been out that night? - A. No.

Q.After you had paid him this money, what did you do? - A. I went to bed, I staid in his room about half an hour.

Q. Did he go to bed again? - A. Yes; and he was asleep before I came out of the room.

Noah called two other witnesses, who gave him a good character.

Noah, GUILTY Death . (Aged 43.)

Jefcourt, NOT GUILTY .

Gunning, NOT GUILTY.

Tried by the first Middlesex Jury, before Lord Kenyon.

Reference Number: t17970426-48

317. THOMAS PERRY and SAMUEL CHESTER were indicted for that they, in the King's highway, in and upon Samuel Tingey , did make an assault, on the 11th of April , putting him in fear and taking from his person, a linen purse, value 1d. a black leather pocket-book, value 12d. a dollar, value 4s. 9d. and 44l. 12s. 6d. the property of the said Samuel .(The case was opened by Mr. Knowlys.)

SAMUEL TINGEY sworn. - Examined by Mr. Knowlys. I am a drover and salesman , at Caldecott , in Bedfordshire, I was returning from town home, on Tuesday the 11th of April, about seven o'clock in the morning, when I perceived the two prisoners on horseback, on Finchley-Common , near the eight mile stone, coming up behind me; I had a companion with me then, who left me at the high stone at Hadley, about eleven miles from town; when I had got about a furlong and a half farther, I had occasion to dismount, and I hung my horse at a gate; while I was there, the two prisoners passed me.

Q. Look at them, are they the two men that passed you? - A. They are; I then got on my horse, and saw them before me, one of them had got off his horse, and was going gently.

Q. At that time, had you any suspicion they were improper people? - A.None at all; when I overtook them, there was one about ten yards before the other; I overtook Chester first, and was going to speak to him, but when I saw their faces, they were not as I expected them, and then the other, who was about ten yards before, turned his horse round and met me, with a pistol in his hand, that was Perry, and then the other, Chester,came up behind me with a pistol, then Perry demanded my pocket-book, which I gave to him.

Q. That contained nothing valuable? - A. No, nothing of any value; then the other prisoner, Chester, demanded my money, which I gave him.

Q. How much money was there? - A. Forty-two guineas and an half in gold, one dollar and some silver.

Q. You do not know how many guineas, or how many half-guineas? - A. No, I do not, there were a good many half-guineas; I know I begged for mercy, and hoped they would not misuse me.

Q. They did not, however, ill-use you? - A. No; the prisoner, Perry, said, I was not to go off so; he gets from his horse, and cuts my girths, and likewise the bridle reins.

Q. Then you could not make use of either bridle or saddle? - A. No; he then got on his horse, and they both rode off.

Q. Having seen them on Finchley-Common, and passing you on the road, and at the time they were with you, had you an opportunity of observing both their countenances? - A. Yes; particularly at the time of the robbery.

Q. Had they any disguises over their faces? - A. Not that I perceived; only their faces were very dirty as if they had not washed them very lately.

Q. There was no handkerchief put over them? - A. No.

Q. You will recollect upon your oath, and the men's life depends on it, have you any doubt they are the men? - A. I never was so certain of any one thing in my life; Perry I looked very hard in the face, when he came round my horse's head.

Court. Q. When you say that, did you speak to one or both? - A. Both; my horse is a very gentle horse, and I went to the Duke of York's-head, and from there I went in pursuit, but could not find them; I went to Bow-street the same day, about two o'clock in the afternoon, and gave information, and about eleven in the morning, on the next day, I saw them again, at Bow-street.

Q. Did you know them, when you saw them? - A.Perfectly well.

Q. Were they, at that time, standing by themselves, or with other persons? - A.They were standing by themselves, and I recollected them directly.

Q.Was there any money produced when you were at Bow-street? - A. Yes; there was a guinea among it, that I recollect being among mine, from the appearance of it.

Cross-examined by Mr. Gurney. Q.Although you saw the two persons that robbed you, on Finchley-Common, you did not see their faces? - A. No, not at that time, when they were behind me.

Q. Therefore, the only opportunity you had of observing their countenances was during the time you were robbed? - A. Yes.

Q. You, I think, had been to town to Smithfield market? - A. Yes.

Q.Perhaps your business had kept you up all night? - A. No, I had been to bed.

Q. I take it for granted, when one person came up with a pistol before, and another behind you, you were under no inconsiderable degree of alarm? - A. I was frightened.

Q. That alarm might prevent you from observing their countenances so accurately as if you had not been frightened? - A. I could perceive them perfectly.

Q. Being frightened as you were, could you observe their countenances so perfectly as if you had not been? - A. Not quite so perfectly; but I am perfectly sure of them.

Q. Are you more positive to the countenance of one than of the other, having more opportunity of seeing him? - A. Perry came up facing me, and I took particular notice of his face, and likewise at the time he was cutting my girths.

Q. But you paid more attention to one than the other? - A. I am perfect in them both.

Q. Do you mean to say you had equal opportunity of observing both of them? - A. Yes, I had.

Q. Have you never said, that you should not know the persons of the men who robbed you? - A. No.

Q. Do you recollect any talk of that kind? - A. No.

Q. Are you quite sure, that at Islington, you had no conversation of that sort? - A.Quite.

JOHN RIVETT sworn. - Examined by Mr. Knowlys. I am one of the officers of Bow-street; in consequence of an information from the prosecutor, on Tuesday the 11th of April, between two and three o'clock; I apprehended Perry and Chester the next morning, between seven and eight o'clock; I and my brother officers apprehended Perry in Onslow-street, Mutton-hill, and in Perry's lodgings, in a cradle, in some straw, I found this bag, which contains nineteen guineas and an half; upon turning the straw out, I found the bag.

Court. Q. Was the bag covered with straw? - A. Yes; there were nineteen guineas and an half in guineas and half guineas, (producing them); and likewise in the same cradle I found two loaded pistols, (produces them); we then took them away; I went in company with Macmanus and Pugent to the lodgings of Chester, in Pipe-maker's-alley, Cow-cross; I found him at home, and at the top of his bed I found a brace of pistols that were unloaded; upon searching him, I found in his pocket, four guineas, two half-guineas, and four shillings and sixpence, one of my brother officers found some more money, and then we took him away.

Q.Was there any of that money spoke to particularly by the prosecutor? - A. Yes, one guinea.

EDWARD PUGENT sworn. - Examined by Mr. Knowlys. I am an officer; I went with the last witness to Perry's lodgings, and apprehended him, from there we went to Chester's lodgings, and in searching his house, out of a bonnet-box, I took an old handkerchief, and in it were eleven guineas in guineas and half-guineas, and a dollar; I saw all the other things found.

PATRICK MACMANUS sworn. - Examined by Mr. Knowlys. I am one of the officers of Bow-street: I went with my brother officer to Perry's lodgings, I found in his breeches-pocket a guinea and a half, four dollars, and two shillings; and I was present when the pistols were found, and also this powder-horn, with a small quantity of powder in it, (produces it); and then I took him to Bow-street.

Q.(To the Prosecutor.) Look at that guinea that is in a paper; is that the guinea that was produced to you at Bow-street? - A. Yes.

Q. Tell us what belief or knowledge you have whether that was part of the money you lost? - A. I believe that was one of the guineas; but I don't pretend to swear to money.

Perry's defence. I deal in horses to kill, and I likewise deal in pigs, that is the way I came by the money, and I will prove it by witnesses, and the way the money came to be found where it was, is, that there is never a lock to any door in the house, and I put the money there for safety, and the officers knew the same.

Chester's defence. He said first, the men were in great coats, with velvet collars; he said, he believed we were the men, and then they called him on one side and tutored him, and then he said, he was sure of it; they have done it to swear away my life.

ISAAC SHIRLEY sworn. - I keep the Three-Compasses in Cow-cross-street; I have known the prisoner, Perry, seven months, he always behaved with great civility to me, he behaved well; I never heard any body say any thing against him in my life.

Perry, GUILTY Death . (Aged 29.)

Chester, GUILTY Death. (Aged 32.)

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

Reference Number: t17970426-49

318. JOHN ABBOT was indicted for feloniously stealing, on the 25th of February , two cotton gowns, value 6s. a black silk cloak, value 6s. and a black stuff petticoat, value 5s. the property of Ann Atkinson , spinster .

ANN ATKINSON sworn. - I lodge in Strutton-ground, Westminster : On the 25th of February, about three o'clock, I was coming through the Park, I was a little in liquor, and this soldier came up to me, and said, if it was agreeable he would see me home, and I agreed to it; he went home with me, and about five o'clock I fell asleep, with the soldier and another woman in the room; and when I waked, about six o'clock, I found myself stripped naked all but my stays; the things have been found since.

-SWAN sworn. - I keep a sale-shop: On Saturday, the 25th of February, between six and seven o'clock in the evening, the prisoner came to my shop to sell me some clothes; he brought two gowns, a black stuff petticoat, and a black silk cloak, (produces them); I asked him if they were his property; he said, yes; I asked him where he lived; he said, in the Broadway; his wife had died the day before and he wanted to raise some money; I said, I would go with him to his landlady; he said, there was no occasion for that, if I did not like to buy them to give them to him again; I told him I did not think they were his property; I stopped them, and took him to the Justice's; I went round with him and an officer to find the house where he lived, and he said, he could find it another time. (They were deposed to by the prosecutrix).

GUILTY (Aged 24.)

Confined six months in the House of Correction , and fined 1s.

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17970426-50

319. JEREMIAH HORTON was indicted for feloniously stealing, on the 3d of April , seventeen pounds of bacon, value 10s. the property of Richard Chalk .(The prosecutor and witnesses being called, but not appearing, their recognizances were estreated).

NOT GUILTY .

Reference Number: t17970426-51

320. THOMAS MACNALLY was indicted for feloniously stealing, on the 15th of March , a pair of kerseymere breeches , the property of Joseph Mortiboys .

MARY MORTIBOYS sworn. - I am the wife of Joseph Mortiboys : On the 15th of March, about half past twelve, I lost a pair of kerseymere breeches from the door, they were hung up for sale, I had seen them within a minute before; the prisoner came in with an old leather-apron to sell, and I would not buy it; when he had been gone about two minutes I missed them; I followed him, and took hold of him by the collar; he said, at first, he had done it in a joke, I saw them hanging out under his coat; I took him back by the collar, and found the breeches upon him; he said, you b-h, if you don't let me go I will knock you down; the constable was sent for, and he was taken to Bow-street. (Produces the breeches).

WILLIAM BACON sworn. - I am an officer of Bow-street: I was sent for to apprehend the prisoner.

Prisoner's defence. I used to sell chips to this woman, and I asked her the price of the breeches; and she said, if I brought plenty of chips it would not make any object of the breeches, I might take them.

Prosecutrix. I never saw the man in my life before.

GUILTY . (Aged 28.)

Confined six months in the House of Correction , and fined 1s.

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

Reference Number: t17970426-52

321. MARY SCOTT was indicted for feloniously stealing, on the 22d of February , a cloth coat, value 5s. and a pair of silver shoe-buckles, value 20s. the property of Joseph Coulse ; a kerseymere waistcoat, value 3s. and a pair of silver shoe-buckles, value 20s. the property of Theophilus James Coulse , in the dwelling-house of Philip Coulse .

JOSEPH COULSE sworn. - I am a tin-plate-worker , Philip Coulse is my father, he is a tin-plate worker, and keeps a house in Little Pulteney-street : On the 22d of February, I went out, and came home between eight and nine; I went up stairs, and missed my coat and a pair of buckles; I found the buckles afterwards at Mr. Payne's, a pawnbroker's, in Edward-street; my brother lost a pair of shoes, and silver shoe-buckles, and a waistcoat; we heard that they were at Mr. Layton's, a pawnbroker's; but he said, he had not them; and we found, afterwards, that he had them.

Q. Did you know any thing of the prisoner before? - A. I never saw her till she was in custody.

-BROWN sworn. - (Produces the buckles.) I received these of the prisoner on the 22d of February, about three in the afternoon.

Coulse. These are my buckles; I look upon them to be worth twenty shillings, they cost me one pound sixteen shillings.

Q.(To Brown.) What are they worth? - A. About fifteen shillings.

THEOPHILUS JAMES COULSE sworn. - I am brother to the last witness: I lost a pair of silver buckles, and a waistcoat, upon the 22d of February; I found them the next day at Mr. Layton's, a pawnbroker's, in Wardour-street.

JAMES JONES sworn. - I am a pawnbroker, ser

vant to Mr. Layton, (produces the waistcoat and a pair of shoe-buckles); they were pawned by the prisoner on the 22d of February, about twelve o'clock.

Coulse. These are my property; they are worth about the same value with my brother's, they cost me one pound nineteen shillings.

Prisoner's defence. I was washing for a man of the name of Jones, and he wanted money, and desired me to pawn these things for him, he owed me some money; I went to pledge some things of my own the next night, and Mr. Brown sent for these gentlemen; if I had been guilty of the these I should not have gone to the same shop again the next day.

GUILTY (Aged 24.)

Of stealing to the value of 30s.

Privately whipped and discharged.

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

Reference Number: t17970426-53

322. DAVID OMINIER was indicted for feloniously stealing, on the 30th of March , five ounces of tea, value 1s. 6d. the property of the East-India-Company .(The case was opened by Mr. Knapp).

JAMES RICKMAN sworn. - Examined by Mr. Knapp. Q. You are a person employed by the East-India-Company in their warehouses? - A. Yes.

Q. What was the prisoner? - A. A commodore.

Q.What is a commodore? - A. An over-looker over the labourers : On the 30th of March, about eleven in the forenoon, the prisoner at the bar, and another man, came into the warehouse, No. 43, to look out five chests of tea to empty; and when he had found the chests, he sent the man to the counting house for a book; and while the man was gone for a book, he went to a bag of hyson tea, No. 4609, and cut the string; after he had so done, he took an old pocket out of his great coat pocket, and put the tea into it, and then he put it into his left-hand close coat pocket; when he had done that, he tied up the bag again that he had taken the tea out of, and was going out of the room; I then stopped him at the door of the room, and took him to the counting-house, where he was searched by an officer, and the tea found upon him.

Q. What did he say to you? - A. He begged of me not to take it.

WILLIAM TULL sworn. - I am King's locker, at the India-Company's warehouses: I searched the prisoner at the bar, he gave me out of his pocket this bag of tea; I have had it ever since, locked up.

Cross-examined by Mr. Knowlys. Q. Till this time the prisoner always bore a very good character? - A. Yes.

Q. He is pretty near sixty years of age? - A. Yes.

The prisoner called seven witnesses who had known him from seven to twenty years, and gave him an excellent character.

The prisoner was recommended to mercy on account of his good character.

GUILTY (Aged 60).

Confined six months in the House of Correction , and fined 1s.

Tried by the London Jury, before Mr. Baron HOTHAM.

Reference Number: t17970426-54

323. ANN WORSLEY was indicted for feloniously stealing, on the 21st of March , thirty-six pound weight of raw sugar, value 12s. the property of Thomas Bolt .

The prosecutor not being able to identify the property, the prisoner was ACQUITTED .

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970426-55

324. TIMOTHY REARDON was indicted for stealing, on the 17th of April , a dollar, value 4s. 9d. the property of William Lane .

WILLIAM LANE sworn. - I carry on, as proprietor, the Minerva Printing-office , in Leadenhall-street : We had lost money from various locks and keys, kept by the various clerks; on Good-Friday, I counted seven dollars in the till, locked up, and on the next morning, the clerk, under whose change it was, could only find six; the cash then in the till was marked on the Saturday evening, by Mrs. Lane, and on the Monday morning I heard that it was missed.

Mrs. LANE sworn. - I am the wife of the prosecutor; on Saturday evening, the 15th of April, I marked three dollars, and gave them back to the clerk, Francis Lisle, and I saw him put them in the till; I saw them there about twelve on Sunday night, and on the Monday morning was informed one of them was missing; I desired the man to shew me what money he had in his pocket, he had but one dollar, and that I knew was not one of them; about nine o'clock, when the prisoner came in, I desired to see his money, and amongst it was one dollar that I had marked; after he was taken away, we found a key that we supposed he had dropped, that opened all the three drawers.

Q.How much was there in the drawer the night before? - A.Three dollars, two half guineas, and two shillings and a sixpence; when I went to the drawer in the morning, there was a half-crown put in instead of the dollar that was gone.

Cross-examined by Mr. Alley. Q. How much money did you find in the till the next morning? - A. I cannot say exactly; I found no difference, excepting that a dollar was changed for a half-crown.

Q. Then in point of fact, all that you lost was two shillings and three-pence? - A. Yes.

Q.This man sleeps in the house? - A. Yes.

Q.Lisle lives in the house too? - A. No.

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

Q. Mr. Lisle first gave you the information? - A. Yes.

Q. Before you had seen the till, Mr. Lisle and other persons had been examining the till? - A. Yes.

Q. You told us there was a key found in the room where the prisoner had been searched? - A. Yes.

Q. The footman had been searched also? - A.Yes; about five minutes before the prisoner came in.

Q. It was buzzed about the house, that there had been money lost? - A. Yes.

Q. He must consequently have learned that upon coming into the house? - A. No; he was taken as soon as ever he came in.

Q. I believe the prisoner shewed you, very readily, every thing he had got? - A. He did.

Q. It is usual, I believe, for the persons about your house, to pay different demands, sometimes for one, and sometimes for another? - A. Yes.

Q. Was the key found in this room? - A. Yes.

Q. How many other persons were in the room? - A. Two gentlemen and myself.

Q. When was this key found? - A. The next morning, when it was swept.

Q. And there were three persons in the room at this time, and nobody observed him throw away the key? - A. No.

Q. There were suspicions entertained of other persons? - A. Yes; the footman was first examined.

Q. How many persons might there have been about the shop besides this man? - A.Six.

Q. I take it for granted, you are not the first up in the house? - A. No; the prisoner is always up first.

Q. Those persons had all been about the shop, about their avocations? - A. Yes.

Q. The shop is opened about seven or eight o'clock in the morning? - A. Yes.

FRANCIS LISLE sworn. - I am servant to Mr. Lane; I have frequently missed sums of money; I suspected the prisoner, and on Saturday night the 15th, Mrs. Lane marked all the money I had in the till, except the copper, which she did not mark; I deposited all the money that was marked in the till myself, and locked the till; some time after nine o'clock, and I think it was not ten, to the best of my recollection, I then, with the other young man who boards with me, went home directly, and did not return till the Monday morning, a little after seven o'clock; I then unlocked my till and pulled out a paper, in which I had an exact account of the money that was in the till, and found a dollar missing, and a half-crown substituted in its stead; I waited a short time, and Mrs. Lane came down stairs, and I communicated it to her, the prisoner was then out; immediately upon his return, I believe, Mr. Lane searched him, and I was dispatched for a constable in the mean time.

Cross-examined by Mr. Alley. Q. You had the care of the till? - A. Yes; of the library-till.

Q. You have been often called to an account for deficiencies? - A. No; I always felt myself responsible for every farthing in my accounts.

Q. Do you mean to say you always made up the deficiencies? - A. I did.

Q. If your accounts appeared fair and honest, there was no deficiency to make up; if they were not clear, you were compelled to make up the deficiency? - A. I compelled myself.

Q. The footman was examined, and suspicions fell upon him? - A. No; I do not know that.

Q. Do you not? - A. No.

Q. Upon your oath? - A. Upon my oath I do not.

Q. Are you not as certain, as you are of the existence of a God, that he was examined? - A. I do not know that he was, because I did not see it.

Q. Have you any doubt that he was examined? - A. I was informed that the servant had been asked to shew what money he had.

Q. What did you mean by saying just now, you did not know, do you believe nothing but what you see? - A.Exactly so, I assure you.

Q. Then you do not believe that man took the money, because you did not see him? - A. Yes, I do.

Q. Were the half guineas and shillings marked as well as the dollar? - A. Yes; in my presence.

Q. There were no half guineas nor shillings? - A. No.

Q. Has not your master threatened you, if you did not regularly account for the property in the till? - A. I should suppose my master never suspected me of a dishonest action.

Q. You were the keeper of the till? - A. Yes.

Q. How long has that young man lived at Mr. Lane's? - A. It may be three months.

Q. Is he a married man? - A. I believe he is a single man.

Q. Then you would have us understand that the person, who took the dollar, left half-a-crown in the room of it? - A. That is the case.

Q. Do you mean to tell me you never had any threats from your master? - A. Never.

Q. Did you never say to your master there is a deficiency in the money, and he said, you must make it up? - A. That was the case the 1st of April, there were 5s. I could not account for, and the

observation I made upon it was, that some light might be thrown upon it in future.

Q. Your master did not make you pay that 5s.? A. I gave myself credit for it.

Q. Have you not expected to be dismissed from your service, if you did not regularly account for the property under your care? - A. That has always been my natural feelings.

Q.This was the library-till? - A. Yes.

Q. Was there any deficiency in the other till that night? - A. No; I am the superintendent of the library.

Q.(To Mr. Lane). These two tills are perfectly distinct from each other? - A.Perfectly distinct, under separate locks and keys; the prisoner was the porter, he had nothing to do with either of the tills in any shape whatever.

Q. When the prisoner came in at nine o'clock, what did you do? - A. I had heard of the dollar being so missing from the till; I took him by the collar immediately as he came in, and I said, I am very sorry to find that I must now examine you; he was then taken into an inner accompting-house, and I immediately searched him, and on turning out his breeches pocket, I found three dollars, I laid them upon the table, one of which I have in my hand; Mrs. Lane then said, that is the dollar I marked on Saturday night, and picked it out from the other two; knowing that no access could be had to these tills without forcing the lock, and that Mr. Lisle, the librarian, having lost the key appertaining to his till, it occurred to me that the prisoner might have that key in his possession, and on searching him, he slipped a key down his leg between his stocking and his flesh, which I found, but that was not the key of this till; on the next morning, the key was found which had been delivered by me to the librarian, to lock up his till, which at the time it was delivered to the librarian would only open one lock; but since that time, the key, which I have now in my hand, will, by some alteration, open the three different tills.

Cross-examined by Mr. Alley. Q. You gave the key to the librarian? - A. Yes.

Q. The librarian, I believe, still continued in your house after the prisoner was apprehended? - A. Of course.

Q. It was in the parlour he was searched? - A. Yes; it is a sort of back accompaing house.

Q. Mr. Lisle and those other persons about the house might have had access to it? - A. That is my inner accompting-house belonging to myself, and no servants dare come there, unless they are sent for in.

Q. You do not keep the door locked? - A.We do not keep an officer at the door to prevent it, they may come in irregularly.

Q. You observed him putting a key between his leg and his stocking? - A. Yes.

Q. Then of course you were looking pretty sharp, and three persons were in that room, and nobody saw this key drop? - A. It was found exactly where he had stood the next morning.

Court. Q. What is Mr. Lisle's character? - A. Since he has been in my service, I have no reason to doubt his fidelity, nor that of the footman.

WILLIAM TOOLEY sworn. - Q. Do you know any thing of the prisoner taking this dollar? - A. No.

Mr. Alley. Q. You were searched, were not you? - A. No; my mistress asked me what silver I had in my pocket, for fear of the prisoner making away with it; she asked me if I had a dollar, and I said I had, and shewed it her.

Q. Oh, it was all fixed then to lay it upon the prisoner? - A. No; he was suspected.

Q.Was it you found the key? - A. Yes; in the breakfast-parlour, near where the prisoner stood, the next morning, and I gave it to the librarian.(Mr. Lane produced the key).

Q.(To Mrs. Lane). Were you in the possession of that key on the Monday morning? - A. No.

-RYDER sworn. - Were you in possession of that key on the Monday morning, when the prisoner was searched? - A. I was not.

The prisoner left his defence to his Counsel, and called two witnesses, who gave him a good character.

GUILTY (Aged 20.)

Transported for seven years .

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970426-56

325. JAMES HUNT was indicted for feloniously stealing, on the 11th of March , half-a-guinea , the property of John Callaghan .

JOHN CALLAGHAN sworn. - On the 11th day of March last, I was going through St. James's Park , between twelve and two o'clock, a man came close up to me, and said, you are a sailor ; I said, yes, I had been some time; he walked a little way, and picked up something, which he put in his pocket, and we went to a seat in the Park, and he said, let us see what God Almighty has sent us; there was a pocket-book, which looked like a red morocco pocket-book, with some notes in it, some diamonds and jewels, and some paper; he asked me if I could read, I told him I could not, and he said he could not; we saw the prisoner, Hunt, going by, and so he asked him to read it, and he said it was a very great concern, it was a 200l. note; he said he kept a public-house, the Compasses, just by, that his name was Hunt, that we might have good entertainment there; and he

said, the best way for us would be, to advertise it on Monday, this was Saturday; he said, if one of us had got 50l. or 100l. about us, the best way would be to give it to the other, and take possession of the things; the other man said, he had no money at all; I said, I had but 11s. 6d. which I took out, and he took half-a-guinea of it, and divided these jewels and diamonds; I went in the evening to enquire for the Compasses, and they told me there was no such sign, but almost at Chelsea.

Cross-examined by Mr. Gurney. Q. You are a sailor? - A. Yes: I have been so fifty-eight years.

Q. How long have you left it off? - A. I do not leave it off at all.

Q.Where did you then live? - A. I had just come from Yarmouth.

Q.Where were you going at that time? - A. To Brentford.

Q. You were not going any further? - A. No.

Q. You never gave a different account of where you, were going that day? - A. No; nobody asked me that question.

Q. Do you remember being before the Justice? - A. Yes.

Q. Did you then say you were going to Brentford? - A. He did not ask me any question.

Q. Did you say you were going to Windsor? - A. I do not know whether I said so or not.

Q. In point of fact, you were not going to Windsor? - A. I do not think I was; I did not go any further than Brentford.

Q. Did you say before the Magistrate, that you were going to Windsor? - A.You need not cross-question me, that is the man that took the money from me.

Q. Did you or not tell the Magistrate you were going to Windsor? - A. Do not bother me, there is many a word I say in the day, that I do not know any thing of at night.

Q. Did you or not say that you were going to Windsor? - A. I do not know.

Q. If you did say so, it was not true? - A. I was not going to Windsor.

Q. He told you his name was Hunt? - A. Yes.

Q. Were you quite sober at this time? - A. Yes, I was.

Q. Are you quite positive he did not tell you he lived over against the Compasses? - A. I am positive he told me he kept a public-house, the sign of the Compasses.

Q. Did not he say, that he kept a victualling-house opposite the Compasses? - A. No.

JAMES DORNEY sworn. - I am one of the constables of St. George's Hanover-square, I am a neighbour of the prisoner: On Saturday night the 11th of April, I was sent for by the landlord of the Compasses, to hear the old man's story; he told me he was robbed in the Park that day; he told me exactly the same words that he has told in Court now; upon hearing that, I went over to the prisoner's house, he was then sitting at the fire in the shop; I told him what I had heard, and desired him to come over to the Compasses and speak to the prosecutor; after some altercation, he came with me to the Compasses; the prosecutor was then in the tap-room; I thought the prosecutor should not see the prisoner, and I placed him where I thought he would not see him, and I told him to look round the tap-room and see if the man was there; he said he was not there; I moved then from before the prisoner, and desired him to look round again; says he, that is the man who robbed me, if there were a hundred people there; I immediately took him into custody, and had him in custody till I took him before the Magistrate.

Cross examined by Mr. Gurney. The prosecutor had been over and seen him in his house before that? - A. I believe he had.

DAVID SLARE sworn. - I am the beadle of the Park: I saw Mr. Hunt going up the Park on the 11th of March, near two o'clock, that is all I know about it; I know the man very well.

WILLIAM JACKSON sworn. - On the 13th of March the prisoner was brought to the office in Marlborough-street; and while he was waiting, before he went into the office, he sat down by the fire, and laughed, and said to his friend, to think an old fool like me should be taken for a robber; I said, that may be if a man is ever so innocent; his friend said, you must be a d-d fool to tell the man where you lived; and Hunt made answer, and said, I was a d-d fool; that is all I know about it.

The prisoner left his defence to his Counsel.

For the Prisoner.

JOHN MARKS sworn. - Examined by Mr. Gurney. I live at Pimlico, I am a butcher, I know the prisoner.

Q. Do you know upon what day he was taken up? - A.Saturday, the 11th of March.

Q. On that day did you see him? - A. Yes; at my shop, at Pimlico, a little before twelve o'clock; he came to do a little bit of business for an acquaintance of mine; and my acquaintance said, he would meet him another day.

Q. How long did he stay at your house? - A. I dare say not two minutes; I saw him again between twelve and one, I suppose, three times, I did not see him after that; he bought some beef steaks of me.

ABRAHAM BURT sworn. - Examined by Mr. Gurney. Q. Do you know the prisoner? - A. Yes; I live within half a mile of him; he was at my house on Saturday the 11th of March, about ten minutes before twelve; he staid with me till about

half past two, or near three; half past two I am sure of.

Q.Was he out any part of that time? - A. He went to Mr. Marks's to get some beef steaks, about twenty yards from my house.

Court. Q.Which way did he go? - A. He went towards Knightsbridge.

Mr. Gurney. Q.How long have you known the prisoner? - A.About seven or eight years; he has done a great deal of business for me, and always did it with propriety.

GUILTY (Aged 38.)

Transported for seven years .

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

Reference Number: t17970426-57

326. WILLIAM CLARK was indicted for feloniously stealing, on the 4th of April , three iron trowels with wooden handles, value 6s. and a hammer with a wooden handle, value 12d. the property of William Kindred .

WILLIAM KINDRED sworn. - I am a plaisterer: I lost three trowels and a hammer, from Upper Baker-street, about seven o'clock in the evening; I left work about six.

EDWARD COOPER sworn. - I saw the prisoner at the bar going from the door, upon the steps, with something in his apron; I went up and collared him, and asked him what he had got there; he said, for God's sake do not hurt me; I took him to the plaisterer, and he said, they were his tools; in consequence of that, we took him to Mary-le-bonne watch-house, and there I delivered the tools to Bates the constable.(The constable produced the bills, which were deposed to by the prosecutor.)

Prisoner's defence. I have a wife and four children in great distress, I did it from want; my poor wife was lying in, I was out of work, I did not know what to do. GUILTY (Aged 40.)

Privately whipped and discharged.

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

Reference Number: t17970426-58

372. WILLIAM HINDES was indicted for feloniously stealing, on the 25th of April , a wet calico gown, value 10s. the property of Harriet Cole , spinster.

JOHN BOWLING sworn. - I saw a man go out of a gate belonging to my master, Major Cole, at Twickenham , last Tuesday, at five o'clock in the evening: I thought he had something in his smock-frock, my fellow-servant and I overtook him about three or four hundred yards from Major Cole's house; he had something in his round frock, and when my fellow-servant came up to him he threw it down upon the ground, it was a gown; the constable has had it ever since; it belongs to Miss Cole, Major Cole's daughter, she is about four or five and twenty; I am sure that is the man that I saw go out of the gate.

WILLIAM GORING sworn. - I am servant to Major Cole: The gardner came and asked us if we had seen a man go out at the gate; I said, no; he said, he had got something in his frock; we went out into the road directly, and saw him; I sent the gardener back to see if there was any thing lost; and he came back again, and said, there was a gown of Miss Cole's gone; and then he threw it down, and I picked it up; the gown hung out to dry, it was damp; the constable has had it ever since; it was a gown with red dots in it.

ELIZABETH RIDLEY sworn. - I am servant to Miss Cole: I had been washing this gown, (producing it); I had hung it up in the drying-ground.

Q. Was it dry or wet? - A.Wet; the gardener asked us if we had seen a man in a smock-frock; we said, no; and then we all got up to see if there was any thing gone; I missed Miss Cole's red spotted gown; and the gardener, and the other servant, went to follow him; William Goring brought back the gown to me; the prisoner was brought back with it.

Q. Do you know that gown to be Miss Harriet Cole 's gown? - A. Yes; my fellow-servant took the gown to the Justice's; William Goring had it from the Justice's last night.

Q. Did you know, immediately, that gown to be the gown that Miss Cole had lost? - A. Yes; I knew it by the making of the body-lining.

Q.(To Goring.) Is that the gown that the prisoner dropped? - A. Yes.

Q.Where did you get it from last? - A. I had it from the constable last night.

Q. Are you sure it is the same gown that you delivered to the constable? - A. Yes; I am sure it is the same gown.

Q.(To Ridley.) What may the value of the gown be? - A. About ten shillings.

Prisoner's defence. I was so intoxicated that I did not know how I came into the yard, or any thing at all about it; but they have sworn it, and I must suffer for it in my old age.

Q.(To Goring.) Was this man in liquor? - A. I cannot tell; he walked very fast.

GUILTY . (Aged 61.)

confined six months in the House of Correction , and fined 1s.

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

Reference Number: t17970426-59

328. WILLIAM WOOD was indicted for breaking and entering the dwelling house of William Gissard , about the hour of eight in the night,

of the 22d of March , and burglariously stealing twenty yards of woollen cloth, value 10l. the property of the said William.

WILLIAM GIFFARD sworn. - I keep a masquerade and haberdashery warehouse , in Tavistock-street : On the 22d of March, between seven and eight in the evening, I was alarmed with the cry of stop thief; I immediately ran into the shop and saw the door open, and before I got to the door the man was taken and brought back into my shop.

Cross-examined by Mr. Knowlys. Q.Your's is a shop of a great deal of custom? - A. Yes.

Q. At this time, the shop was not shut up? - A. No.

Q. Therefore you cannot say but the door might be left a-jar by the last customer that went out? - A. I cannot.

Q. Have you any partner? - A. No, I have not.

JOSEPH BROMLEY sworn. - I am servant to Mr. Gissard; on the 22d of March, near eight o'clock in the evening

Q. Were the candles lit? - A. Yes; I was sitting by the shop fire, and saw the prisoner open the door, and take the cloth out of the shop, it was in several remnants, I ran out directly, there was a light in the shop; when he saw me coming, I saw him throw the cloths down; I ran after him, and left the cloths lying, I was within a yard of him the whole time, I never lost sight of him; when he had run about one hundred yards, he fell, and a person took hold of him, and I came up and took hold of him too, and brought him back to the shop; he had thrown them down about half way in the door, and half way out, and the shopman picked them up.

Q. Is he here? - A. No; but I came to speak to them, they are here, I took them to Bow-street myself, my master has had the care of them ever since that night.

Q. Was there any mark upon them? - A. Not particular; but they have been kept separate from the rest.

Q. Did you hear any noise when he came in? - A. No; I felt the wind come, and I turned round, and saw him come in; I had been at the door just before, and it was then shut.

Q. You did not hear the latch listed up? - A. No.

Q. What is the value of these cloths? - A. About 10l. I believe they are worth more.

Cross-examined by Mr. Knowlys. Q. The first thing was, you felt the wind? - A. Yes.

Q. Your's is a good accuistorned shop? - A. Yes.

Q. You might have left this door, though close, perhaps not actually shut? - A. No, it was shut; there was nobody had come in or gone out after I had left it.

Q. Will you take upon yourself to swear that? - A. Yes, I will.

Q. Did you try the door yourself? - A. I did not try it.

Q. It often happens, you know, that a door will stick, without the latch being exactly closed in? - A. I did not try it.

Q.These were remnants, odd pieces? - A. Yes.

JAMES LEINBRICK sworn. - I am an officer belonging to Bow-street; on the 22d of March, I was sent for to apprehend the prisoner, I had not the goods at all.

Q.(To Giffard.) These goods were delivered to you? - A. Yes.

Q. Were those goods your's? - A. Yes; they were carried up that evening to Bow-street, and brought back in half an hour, or three quarters of an hour.

Q. When had you last seen these remnants? - A. I had seen them the same day; I am sure they they are my goods, one or two of them have got my mark.

Q. What may be the value of them, if you were to purchase them? - A. Upwards of ten pounds, they are not all remnants; they were lying in the window wrapped up in this baize wrapper.

Prisoner's defence. On the 22d of March, I was running along Tavistock-street, and a man ran along and shoved me down as I was crossing, and as I fell, that young man, and another gentleman, laid hold of me, and said, I had been in their shop; there was somebody singing out, stop him in the blue coat.

The prisoner called Henry Hosker and William Blake , who had known him six years, and gave him a good character.

GUILTY Death . (Aged 26.)

Of stealing in the dwelling-house, but not of the burglary .

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

Reference Number: t17970426-60

329. ELIZABETH SHOTT was indicted for feloniously stealing, on the 12th of February , in the dwelling-house of Joseph Sills , a silver coral, value 10s. two silver tea-spoons, value 3s. ten guineas, a half-crown, a crown-piece, one hundred and twenty copper halfpence, value 5s. five pounds in money, a Bank note, value 10l. and another Bank note, value 5l. the property of the said Joseph.(The case was opened by Mr. Knowlys).

JOSEPH SILLS sworn. - Examined by Mr. Knowlys. I live in Seward-street, Goswell-street , I keep the whole house; the prisoner lives in Turnmill street, Clerkenwell : On Sunday, the 12th of February, I lost the property mentioned in the indictment,

out of my bureau; I went out about four o'clock in the afternoon.

Q.What does your family consist of? - A. Six small children, a niece, a wife, and myself; we all went out together; I barred the windows and locked the doors myself; we all returned together exactly at eight o'clock the same evening; I had seen the property not a minute before I left the house, I had been to the bureau for some papers, it was all safe then, and I locked the bureau, I never do leave it open, nobody has the key but myself; about ten minutes after I returned, I went up stairs, and saw a pocket-book lying upon the bureau open in the bed-room up one pair of stairs; all my papers were tumbled and thrown about in a most terrible manner, and the property was gone; there was a five pound Bank note, and ten guineas, tied up in a bag that was missing, bag and all.

Q. Was there any mark upon the bag? - A.None at all; there was in another bag a ten pound Bank note with my name upon the bag, the note was gone, and the bag left; in another bag were five guineas in silver, and in another bag about five or six shillings worth of halfpence, a crown-piece, a half-crown-piece, and several pieces of coin, a silver coral, and two silver tea-spoons.

Q. How do you suppose the persons had got the bureau open? - A. I do not know whether it was by a false key, or a picklock, there was no violence upon the wood work.

Q. How did your house appear to be entered, by violence? - A. None that I could perceive.

Q.Nothing has been traced but this five pound Bank note? - A. No; I did not recollect the number of the note at the time I missed it, but I recollected that I had taken it with another five pound note at Messrs. Masters's, the bankers, in Chancery-lane, on the 31st of January; I had paid the other five pound Bank note into the General-Post-Office, on Friday the 10th of February; I paid it to Mr. Cock.

Q. In what way of business are you? - A. A letter-carrier.

Q. You are in the habit of receiving money in that prossesion? - A. Yes.

Q. Have you the Bank note that you paid to Mr. Cock? - A. Yes; I have both of them. (Produces them).

Cross-examined by Mr. Knapp. Q. I believe you know that you have indicted this lady at the bar for a capital offence? - A. Yes.

Q. You know, also, that she comes here, having been admitted to bail, and surrendered to take her trial? - A. Yes.

Q. You say you did not recollect the number of the note at the time you missed it? - A. No.

Q. How many five pound notes had you in the house at that time? - A. Only two.

Q. The number of neither of them did you happen to know? - A. I did not.

Q. Therefore you yourself did not know whether the note you paid to Mr. Cock was the one number or the other? - A. No; one I had signed, and the other I had not.

Q. Had you any servants in your house? - A.None.

Q. You never had any servants? - A. Never.

Q. Had you any lodgers in your house? - A.None.

Q. You have never found any of your property, excepting, as you suppose, this Bank note? - A. None.

Q. You had never known the prisoner at the bar before? - A. Never.

Q. She had never been, in the course of her business, backwards and forwards at your house? - A. No.

Q. She is a perfect stranger to you, and your house, as far as you know? - A. Yes.

Mr. Knowlys. Q. Which of these notes had you signed? - A. The one I paid to Mr. Cock.

HANNAH SILLS sworn. - Examined by Mr. Knowlys. I am the wife of the prosecutor: I went out with my husband on Sunday; when we came home I went up stairs, and found the bureau a jar; I screamed out, and my husband came up.

Cross-examined by Mr. Knapp. Q. This was the 12th of February? - A. Yes.

Q. You did not recover your notes for a week? - A. It was a few days.

STEPHEN BOND sworn. - I am clerk to Messrs. Masters's, in Chancery-lane: On the 31st of January last, I paid to Mr. Sills, two five pound Bank notes, a ten pound note, and five pounds in money.

Q.What were the numbers? - A. The number of one was 3081, 4th of January, 1797; the other was 2229, the 23d of September, 1790.

Q. See if those are the two Bank notes? - A. Yes; these are the two Bank notes.

Mr. Knapp. Q. All you mean to say is, you paid him two notes of that number? - A. Yes.

JAMES COCK sworn. - Examined by Mr. Knowlys. I am one of the clerks in the Receiver-Generals-Office, in the Post-Office: Mr. Sills paid me, on the 10th of February, some money, among which was a five pound Bank note, which I paid to Mr. Colley, in the Post-Office.

Cross-examined by Mr. Knapp. Q.He paid you a five pound Bank note, that is all you know of it? - A. Yes; his name was on the back of it.

Q. Had you ever received a five pound Bank note from him before? - A.Yes, several.

Q. And they had all of them his name upon the back of them? - A. Yes.

Q. Are you sure it was the very same note that you received from Sills that you paid to Colley? - A. I am.

Q. This was on the 10th of February, two days before the note was lost? - A. Yes.

MICHAEL COLLEY sworn. - Examined by Mr. Knowlys. I received, on the 10th of February, from Mr. Cock, a five pound Bank note.

Q. Look at that Bank note; is that the one you received from Mr. Cock? - A. This is the note.

Q. How long after you had received it from Mr. Cock, did Mr. Cock apply to you about that note? - A. Four or five days.

Q. Did you give back to Mr. Cock the very same note that you had received of him? - A. I did.

Mr. Knowlys. (To Mr. Cock.) Q. Is this the same note that you received back from Mr. Colley? - A. Yes, it is.

JOHN STAPP sworn. - Examined by Mr. Knowlys. I am shopman to Mr. James Clark, upon Snowhill, the prisoner deals at our shop: On Monday, the 13th of February, I received from her son a five pound Bank note.

Q. Should you know the note again? - A. Yes; because I wrote her name upon the back of it, immediately as I received it.

Q. Look at that; and tell me if that is the note you received from the son of the prisoner? - A. This is the note; we indorse every note in that way; it is an invariable rule.

Q. What time in the day, of the 13th of February, was it that you received it? - A. Between one and two o'clock in the afternoon; I think it was.

Cross-examined by Mr. Knapp. Q. You indorsed this immediately? - A. Yes.

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

Q. Mr. Clark is a cheese-monger, living upon Snow-hill? - A. Yes.

Q. How long has the prisoner dealt with you? - A. Five or six years.

Q. She sent her son with this note to your house, where she constantly deals? - A. Yes.

Q. She keeps a chandler's shop, does not she? - A. Yes.

Q. Did you ever receive notes from her before? - A. Yes; several times.

Q. Five pound notes? - A. I cannot exactly say.

Q. Had you ever any suspicion of her character in your life before? - A. No; I never heard a word against her character before.

JAMES REEVES sworn. - Examined by Mr. Knowlys. I was present when the prisoner was examined at Bow-street, on the 21st of February, the account she gave of it was taken down in our book, I took it down myself. (Produces the book.)

Mr. Knapp. Q. That is taken down in your book? - A. Yes.

Q. Has the Magistrate signed it? - A. No.

Q. Was any thing said to her by the Magistrate, to induce her to say what she did say? - A. No.

Q. Nor any threat made use of? - A. No.

Court. Q. Was it signed by her? - A. No.(The Court were of opinion that it could not be admitted in evidence.)

THOMAS SHOTT sworn. - Examined by Mr. Knowlys. I am son to the prisoner at the bar.

Q. Did you take any Bank-note to Mr. Clark's? - A. I did.

Q. Who did you pay it to? - A. Mr. Clark's clerk, Mr. Stapp.

Q. How long before your mother was taken up? - A. I cannot recollect exactly, it is a long time ago.

Q. Who did you receive that note of? - A. Of my mother.

Q. Do you recollect your mother being taken up? - A. Yes.

Q. How many days before she was taken up did you pay Mr. Stapp a Bank-note? - A. I really cannot say.

Q. Did you pay the same Bank-note that you received from your mother, to Mr. Stapp, on the same day that you received it? - A. Yes.

Q.(To Stapp.) How long before that transaction had you received any notes from her, by the hands of the boy? - A. I cannot say.

Mr. Knapp. Q. You don't mean to swear that you have not done so? - A. No, by no means.

NOT GUILTY .

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

Reference Number: t17970426-61

330. WILLIAM WILLIAMS was indicted for feloniously stealing, on the 22d of April , three pair of cotton stockings, value 7s. the property of George Brown .

GEORGE BROWN sworn. - Alexander Davidson is my apprentice; I am a lady's clog-maker , in Drury-lane : On the 22d of April, I lost three pair of stockings out of the shop, between eight and nine o'clock in the evening, my apprentice was in the shop at the time; I saw them again at the Magistrate's the same evening.

ALEXANDER DAVIDSON called. - Q.What age are you? - A.Fifteen.

Q.Do you know the nature of an oath? - A. If I take a false oath, I shall go to the devil (sworn.) - I am apprentice to Mr. Brown; on the 22d of April, I saw the prisoner come into the shop, I never saw him before, but I am sure he is the man; I was sitting behind the counter, finishing a clog for my master, he came in, and asked me, if those stockings were to be sold, he took them up in his

hand, I made no answer, but called my mistress, and he made a blow to knock me down with a bludgeon; he ran out of the shop with them, and I called out, stop thief, and he was stopped in Great Russel-street, facing Brydges-street, by Barnard Bennett; I kept him in sight all the way, about a yard behind him.

BARNARD BENNETT sworn. - I heard the cry of stop thief, I pursued the prisoner, and apprehended him in Brydges-street, he was searched at Bow-street, but no property was found upon him, the property was found in the passage of the Shakespeare wine-vaults, the corner of Great Russel-street, and Drury-lane.

Q. Had he passed that house? - A. Yes.

Q. Is the person here who found it? - A. No.

Q.(To Davidson.) Remember the oath you have taken, are you positively sure that the prisoner is the man? - A. I am very sure of it.

GUILTY (Aged 23.)

Judgment respited to go into the navy .

Tried by the second Middlesex Jury, before Lord KENYON.

Reference Number: t17970426-62

331. ANN HALL and THOMAS LACEY were indicted for feloniously stealing, on the 27th of February , a silver watch, value 40s a metal watch key, value 1d. a linen waistcoat, value 1s. a cotton shawl, value 6d. a muslin shawl, value 2s. a a cotton pocket handkerchief, value 2d. two horn combs, value 1d. and ten guineas in money, the property of Barnard Peterson , in the dwelling-house of Ann Hall .

BARNARD PETERSON sworn - I was boatswain on board the Trojan, from the Cape of Good Hope: I came through East-Smithfield , past this woman's door, at past ten o'clock at night, very near eleven one Monday night in February; she asked me to go in and treat her, I gave her two shillings to get some rum; while she was gone for it, I pulled off my boot and dropped the ten guineas into my boot, and sat down by the side of the bed; she took the watch from me as I laid upon the side of the bed, and I asked her for it, and she said, don't be afraid, you shall have it again; I was half asleep, and I recollect seeing the woman meddle with the boots, and then I sell asleep, and laid down; she came to me a little while after, and waked me, and said, what do you do in my house, get along.

Q. How long had you been in the house? - A. I do not know; I was not there long, I was out by eleven o'clock; I asked her for the watch, and I looked in the boots, and missed my money, and she said, I am not the same woman that has got your watch and money, it is another woman that is gone out of the house, and then I said if you will give me my watch and money, I will go out of your house directly, and then this man came in, and said, d - n you, what do you do in my house, along with my wife, and he pushed me out of the house, and I had my boots in my hand at the same time, and I called the watchman; I never found my watch again.

Q. Had any other woman been in the room with you? - A. No, only this woman.

Q. Were you sober enough, upon your oath, to know that that was the woman, and that you saw her meddling with the boots, and that she had your watch in her hand? - A. Yes; I was not quite sober, but I was sober enough to know these people again.

Cross-examined by Mr. Alley. Q. I believe this is a house of ill-same? - A. Yes.

Q. And this poor man was brought in, in the same way that you were? - A. She called him in, and he pushed me out of doors.

Q.Because she was to have kept company with him, and had come down to you, he told you to get along, and asked what you had to do with his wife? - A. Yes; he pushed me out.

Q. There were other girls in the house? - A. No, there were not.

Q. Were there not girls standing at the door, and taking in any body that went by? - A. Yes.

Q. EDWARD SMITH sworn. - The prosecutor came to me on Tuesday morning, and informed me he had been robbed; I went down to the prisoner's lodgings, it is a house that is occupied only by girls of the town; she has only a room, I believe, in the house; I found the two prisoners sitting together, at breakfast; I found upon the prisoner, Lacey, these two combs, (producing them,) which the prosecutor said were his property, I found nothing upon her; I was going to search a box that was in the room, and the prisoner, Hall, said, in that box, you will find some of the prosecutor's property, but I did not put it there; I found in that box, two shawls, and an under waistcoat, (produces them;) I secured the prisoners, and took them to the office, and they were committed; I made every enquiry I could after the watch, but have not been able to find it.

Prosector. These combs are mine, they were in my pocket-book, and the other things were in my great coat.

Q.(To Smith.) You found these combs in his pocket? - A. Yes; he said he was tipsey overnight, and he did not know how they came in his pocket; he said he had been there all night with a girl.

Q. And the poor fellow's money was all gone? - A. Yes; I only found one penny upon him.

For Lacey.

Captain Cox sworn. - Examined by Mr. Alley. I am commander of the Woolwich brig, of ten guns, in his Majesty's service, Lacey was recommended to me about two years ago, as an extraordinary good character, and he has maintained that character ever since; he is a person I have reposed great consicence in, and never found him betray it; he left the ship the day before this happened.

Hall, GUILTY.

Of stealing to the value of 39s.

Transported for seven years .

Lacey, NOT GUILTY .

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

Reference Number: t17970426-63

332. ELIAS DAVIS was indicted for breaking and entering the dwelling-house of Daniel Thomas , no person being therein, between the hours of eleven and twelve in the forenoon, of the 25th of April , and stealing a nankeen waistcoat, value 2s. a pair of nankeen breeches, value 1s 6d. a pair of flannel drawers, value 6d. a pair of cotton stockings, value 2s. and a line shirt, value 6d. the property of the said Daniel.

DANIEL THOMAS sworn - I am a smith , I keep a house in Whitechapel : I was at work at the time of the robbery, I went out at half past five in the morning, and left in the house, my housekeeper, Ann Richman ; I came to breakfast between eight and nine; after breakfast I went out again, when I came home to dinner, between twelve and one, I found my house was broke open, there is but one room on a floor; there was a hule made by the side of the door, through some lath and plaister; I lost a pair of breeches, a nankeen waistcoat. and drawers, a shirt, and a pair of stockings.

Q. What may be the value of those all together? - A. About five or six shillings.

Q. Did you leave your house-keeper in the house when you went out after breakfast? - A. Yes; I saw my things at the Justice's, the same day I was sent for by the headborough.

ANN RICHMAN sworn - I am house-keeper to the last witness; on Tuesday last, I went out about half past eleven o'clock, with a young child; I left Mrs. Ford in the house, I came back again about a quarter before twelve; I saw the prisoner come out of a hole at the side of the door, with a shirt in his hand, Mrs. Ford cried out, that it was her son's shirt, and he threw it down, and immediately made off, and I after him; he was stopped by Mary Sheepy, about twenty minutes after; I kept him in sight all the time; I saw the things about half an hour after he was taken, a man gave me some of them, but I cannot recollect who it was in my fright; I fetched the rest of the things from the White-Raven, Mr. Peacock's, he is not here.

- FLAMSTONE sworn - I am a constable; these things were given to me by one of the women, but I cannot say which, I had part of them from Ann Richman , I have kept them ever since.

SARAH FORD sworn - The prosecutor is my son; I saw the prisoner come out of the hole at the side of the door, with the shirt in his hand; I had just before locked the door, and given her the key, I left nobody in the house; I said, that is my son's shirt, and he immediately threw it away, and I went and picked it up; this is the shirt, I know it to be my son's.

MARY SHEEPY sworn - I heard the cry of stop thief; I live opposite the prosecutor's; I instantly ran out of doors, and saw Mrs. Richman running after this man; I run after him too, till I came to a place called Gun-street, Whitechapel; I saw the man go through there, he dropped some of the things, I desired Mrs. Richman to pick them up, and told her, I would follow him till he dropped the rest; I followed him to almost Stepney-fields, and then somebody stopped him, I cannot tell who it was, he threw the rest of the things over the pales, and he was secured.

Prisoner. Q. Where was it that you saw me about your premises? - A. Coming out of the hole at the side of the door.

Prisoner's defence. I get my livelihood by buying and selling old things; as I came past this street, I heard a cry of stop thief, and saw a great many people running, I run with them, and they laid hold of me.

GUILTY (Aged 33.)

Of stealing the goods, but not breaking and entering the dwelling-house .

Transported for seven year s.

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

Reference Number: t17970426-64

333. BENJAMIN KITCHEN was indicted for feloniously stealing, on the 3d of March , four ounce, of horse-hair, value 5s. the property of our Lord the King .

RICHARD GRAY sworn. - I am coachman to his Majesty; I had the care of the cream coloured horses, in the King's-Mews ; the hair was cut off one of the new cream coloured horses, that came over from Hanover, the last spring of the year; the horse was lamed in coming over, and in the autumn of the year, it was thought proper to send him to grass to make him found; he was brought up the 2d of March, and delivered into my care; in the evening, between five and six o'clock, I had him put into what they call the back stable; the father

and mother of the prisoner live over the stable, and go through it, his father is helper under me; when he was put there, he had a long tail, that reached almost to the ground; the next morning we found the tail cut to a switch tail, just reached to his hock; I went to acquaint Mr. Parker, the clerk of the stables, with what had been done, and I went to all the fishing-tackle shops I could find; I went to Mr. Higginbotham's, in the S rand, first, and he produced some hair, which I think came off that horse, that was on Saturday the 4th.

Cross-examined by Mr. Knowlys. Q. Do not you know, that his Majesty had done Dr. Willis the honour of giving him that horse? - A. I did not know that at the time, I considered him as the King's horse, and had him under my care as such.

- HIGGINBOTHAM sworn. - I am a fishing-tackle maker; on Thursday the 4th of March, the last witness asked me if I had bought any hair, lately, I said, I had, I bought some of the prisoner at the bar, the day before, (produces it); I gave him five shillings for it.

Q.(To Gray.) According to your judgment, is that the hair off that horse? - A. Yes.

Q.(To Higginbotham.) Is it hair from a horse's tail? - A. Yes.

Mr. Knowlys. (To Gray.) Q. I dare say, you would not pledge yourself to swear positively, that that hair came from that horse? - A. No, but it is like it.

Q. Have not you learned since, that it had been before presented by his Majesty to Dr. Willis? - A. I did not know that it was horse that, I know it is now.

Mr. Higginbotham. Mr. Gray told me that the horse was given to Dr. Willis.

Gray. That was the third day after; I then did not know when it was given to Dr. Willis, Dr. Willis had not it for a fortnight after.

GUILTY (Aged 22.)

Confined six months in the House of Correction , and fined 1s.

Tried by the second Middlesex Jury, before Lord KENYON.

Reference Number: t17970426-65

334. WILLIAM WALPOLE was indicted for feloniously stealing, on the 20th of March , eighteen linen shifts, value 12l. seven linen shirts, value 3l. seven pair of silk stockings, value 3l. seven pair of silk stockings with worsted feet, value 40s. three pair of cotton stockings, value 7s. three pair of linen drawers, value 20s. three muslin caps, value 15s. two dimity petticoats, value 20s. a muslin petticoat, value 12s. a calico petticoat, value 6s. a cotton dressing gown, value 5s. a linen powdering gown, value 5s. three linen aprons, value 10s. a calico night gown, value 5s. a calico cap, value 1s. three pair of dimity pockets, value 10s; thirty muslin handkerchiefs, value 15l. a muslin gown, value 21s. fourteen cambrick pocket handkerchiefs, value 3l. and sixteen linen pocket handkerchiefs, value 2l. the property of the Right Hon. George Fitzroy .

(The witnesses were examined apart at the request of the prisoner.)

MARY HYSON sworn. - I am servant to the Hon. Mr. Fitzroy, now Lord Southampton , he lived then in Chapel-street; I packed up the property stated in the indictment, on the Sunday that they were lost, the 20th; I packed them in the country, to send to town, my Lord was then in town.

JOHN SALKELD sworn. - I am book-keeper, at the Cross-keys, St. John-street; on Monday the 21st of March, the trunk went through my hands, directed to Col. Fitzroy, it came from a few miles on this side Bedford; I delivered it to the porter about six o'clock in the evening, to carry it where it was directed.

RICHARD HUCKELL sworn. - I am the porter, I received a trunk from Mr. Salkeld, the bookkeeper, to deliver to Colonel Fitzroy ; I carried it as far as the corner of Bond-street; I was going to Squire Whitbread's with a basket that was tied to the trunk, and in order to rest myself, I set it upon the pump, at the corner; I was standing by the side of the pump, and a gentleman came up, and asked me the name of a street, with some strange name, and turned my back towards the trunk, and kept pointing about this street, directly the contrary way to where my box was, when I turned round to look for my load, I missed the trunk, and never saw it any more; he went down Bond-street, I followed him a little way down Bond-street; I was rather suspicious of him, and lost him in a minute.

Q. Should you know him again? - A. I do not think I should.

Mr. Knowlys. Q. Don't you know it is not that man at the bar? - A. No; it was a lustier man than him.

ANN HARPER sworn. - I live at No. 13. Blenheim-street; on Monday evening the 20th of March, about twenty minutes after seven o'clock in the evening, I saw the prisoner bring a trunk to a public house, the corner of Woodstock-street, with a basket tied at the top of it, the door was a little way open, and he brought it in, I had lodged in the house formerly, and happened to be there.

Q. Are you sure this was the 20th of March? - A. Yes, I am; he put it down in the room, and asked to leave it; he went out, and returned in about ten minutes; when he came to fetch it, I was reading the direction, and he said, you see I am come back again.

Q. What was the direction upon it? - A. The direction upon the basket was Samuel Whitbread , Esq. No. 17, Lower Grosvenor-street; and the trunk was directed to Colonel Fitz - something, I could not read the whole of the name, No. 4, Chapel-street, West, May-fair, he took the trunk away; the woman asked whose it was when he returned; he said it was his; I told him I thought it was not; he made answer, did I think so; he took it upon his shoulder and ran out, he went into Bond-street with it as fast as he could run, and I went after him; there stood a coach a few doors down Blenheim-street, and he put it into the coach, he did not get into the coach, but crossed the way and walked down Bond-street; the coach drove down Bond-street towards Grosvenor-street, but where they went to I do not know.

Q. Are you sure that is the man? - A. Yes; I am very sure that is the man.

Q. Had you ever seen him before? - A. I had seen him a number of times.

Q. Are you acquainted with him? - A. I never spoke to him in my life till then.

Q. Where had you seen him? - A. I had seen him here in the Old-Bailey several times, and in Carnaby-market.

Cross-examined by Mr. Knowlys. Q. You did not mean that you saw him tried here? - A. No.

Prisoner. Q. You swore at the first examination that you had seen me tried here? - A. I said no such thing.

Prisoner. The Bow-street officer told her not to say so any more.

WILLIAM CHAPMAN called in. - Q. How old are you? - A. Eleven.

Q. Do you know any thing about the nature of an oath? - A. No, I do not.

Q. What will be your punishment if you tell a story? - A. I shall go to hell.

Q. And if you swear that which is false what will be your punishment? - A. Go to hell, (sworn.) There was a gentleman came up and called coach in Bond-street, and I followed him a little below Woodstock-street, and a gentleman came in a few minutes and put a trunk into the coach.

Q. The same gentleman? - A. I cannot say; I followed him into Brook-street, and the coach waited a few minutes there, and then he got into the coach, and ordered me to Fetter-lane, and I drove on towards Fetter-lane.

Q. Did you drive the coach? - A. Yes.

Q. How long have you drove? - A. My father has got such a bad cold upon his lungs that he cannot drive of nights, and I come to him of a night while he goes home; when I got to the end of Gray's-Inn-lane, he told me to go up Castle-street, and the gentleman got out and gave me two shillings, and took the box away; that is all I know of it.

Q. He did not go into any house? - A. Not that I saw.

Q. Should you know that gentleman again? - A. I do not know that I should.

Q. Look at the prisoner; do you think that is the man? - A. No; I think he was rather taller.

Cross-examined by Mr. Knowlys. Q. You were examined at Bow-street? - A. Yes.

Q. You told the same story there? - A. Yes.

Q. Was your father with you any part of the time after the trunk was put into the coach? - A. Yes; about a quarter of an hour.

Q. Have you seen Mrs. Harper since you were at Bow-street? - A. Yes.

Q. Did she say any thing to you about this business, or about the man? - A. No.

Prisoner's defence. I am innocent of the business, I know nothing of it.

For the Prisoner.

THOMAS CHAPMAN sworn. - Examined by Mr. Knowlys. Q. Were you with your son when the coach was called in Bond-street? - A. Yes; the coach was called, and we followed the person that called the coach below Blenheim-street, leading into Woodstock-street, and there was a trunk put in, which I looked upon as a gentleman's servant carrying his master's trunk.

Q. Look at the prisoner; do you think that is the man? - A. No, I don't think it is; I think the man that brought the trunk was a bigger man.

Q. When the trunk was brought to your coach, did you see any more than one man? - A. No.

GUILTY (Aged 29.)

Transported for seven years .

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

Reference Number: t17970426-66

335. JOHN otherwise JOSEPH CROW was indicted for feloniously stealing, on the 20th of April , three bushels of coals, value 3s. the property of Thomas Wood , William Wood , James Rich. Wood , Tho. Horn , and Leonard Phillips .

(The case was opened by Mr. Knapp.)

JOHN WEBB sworn. - Examined by Mr. Knapp.

I am a watchman employed by Messrs. Wood and Co. coal-merchants , Northumberland-street, in the Stand: On the 20th of April, about half past five in the morning, I saw the prisoner come into my master's dock, he put his boat in along-side the barge, and I saw him fill his basket three times with coals, and shoot them into his boat, they were the property of Messrs. Wood; I pursued him, and took him above Westminster bridge, with the coals in his boat; these are part of them.

- EBBERFIELD sworn. - I pursued the prisoner

with the last witness, and took him with the coals in his boat.

JOHN PUTT sworn. - I am a constable in the Police office, in the Borough; the prisoner was given into my custody, and I took him to a Magistrate, and going along he said, he had taken these coals out of the barge to get a few shillings to keep the holidays with.

Q. Did you say thing to induce him to say that? A. No; I never do.

The prisoner did not say any thing in his defence.

GUILTY (Aged 16.)

Publickly whipped and discharged.

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

Reference Number: t17970426-67

336. JOHN BAKER was indicted for the wilful murder of William Allen , March the 25th .

ANN ALLAN sworn. - The deceased was my husband, he died last Wednesday week in St. George's hospital. A month ago, last Saturday, he was at his pay table, at the Black-lion, near Bayswater; I went after him there at eleven o'clock at night, from thence I went to Mr. Colley's, the Swan, about twelve o'clock, we went in and had a pot of beer among five of us, there were my husband and I, and Aaron Withers and Hannah Withers , and William Bedle , had a pot of beer, we drank it without sitting down; some words arose between my husband and Aaron Withers, and some more company that were in the house; Colley and his ostler turned my husband and Aaron Withers and Bedle out of the house. My husband was standing without his hat, in his smock frock, and the patrole, John Baker, came up and never spoke to him, but took a stick from under his coat, and struck him upon the left side of the forehead and felled him.

Q. Was your husband's head cut? - A. Yes, very much; he bled a great deal, I was obliged to wash his head; he lay there about a minute and a half, and then he got up, and we all went home; I persuaded him to go to the doctor's the next morning, but he said it would get better; he went to work for a fortnight after, but always complained of his head, and his eyes; he was taken very bad with his head, and a sickness in the stomach, and on the Saturday, he was drawn for the militia, and his family got him off that; he continued very bad, and last Monday se'nnight, he was taken to the hospital, and continued insensible till he died on the Wednesday morning.

Q. Do you know whether be had any other disorder upon him? - A. No, he had not.

Q. When he was turned out of the house by Colley, was he making a noise near the door, or abusing any body? - A. No, nobody but me; I wanted him to go home, and he would not go without his company.

Cross-examined by Mr. Knowlys. Q. Do you know Hughes, the ostler, at Colley's? - A. Yes.

Q. Do you recollect a man of the name of Smith, a gardener, being there? - A. Yes.

Q. Do you remember a man of the name of Johnson, a lodger at the Swan? - A. No.

Q. Was there any cry of murder before the patrole come up? - A. No, not at all.

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

Q. Did you see Colley and your husband, and the other, struggling together? - A. No.

Q. Were not your husband and Withers standing with Colley at the door? - A. No.

Q. There were a number of people there? - A. Yes.

- MATTHIAS sworn. - I am a surgeon of St. George's hospital.

Q. Did you examine him before his death? - A. Yes; I could find no bruises whatever, but he had all the symptoms of a concussion, which he was treated for; and on the 19th, at half after twelve, he had all the symptoms of a concussion of the brain, with a small lacerated wound, without any apparent fracture; he died at half after twelve at night, on the 19th.

Q. After his death was he opened? - A. Yes; there was some matter upon the covering of the brain, and blood over the hinder part of the brain; the cause of his death was a concussion of the brain.

Q. And did that concussion of the brain appear to you to proceed from some external blow or violence? - A.Certainly.

Prisoner. She swore before the Magistrate that her husband was never off his feet at all.

Court. Q. Did you say before the Magistrate that your husband never was off his feet? - A. I never said so.

HANNAH WITHERS sworn. - A. I was at Colley's house on the night of the 25th of March; the deceased and my husband were together; it was late before they got their money from the Trust, and going past Mr. Colley's, we heard a great noise of singing, and we went into the house and had one pot of beer, we never sat down; there arose a quarrel between this man that is dead and somebody in the house, but whom I do not know.

Q. Were there any blows? - A. Yes; there were blows between the deceased and another man and my husband; I got my husband out, and I got Mr. Allen out; he stood in a little smock frock with his hat off in the road, at a good distance, and Mr. Baker came up, and gave him a blow with a stick, upon which he fell to the ground, and there he laid about a minute and a half; he got up again by himself.

Q. What sort of a stick was it? - A. I do not know; he then went home, I went along with him, I did not see him for two or three days after.

Q. There were a good many blows in the house? - A. Yes; between my husband, and the man that is dead, and the people in the house.

Q. Was there any cry of murder? - A. I cannot pretend to say whether there was or not.

Cross-examined by Mr. Knowlys. Q. The cry of murder, I believe, brought up the patrol? - A. Yes.

Q. Was not Colley on the ground when they came up, and was not he liked up by them? - A. I cannot pretend to say.

Q. You say, Baker struck this man on the head? - A. Yes.

Q. Did not the man three times attempt to seize Baker, and he told him to stand off? - A. He did not.

Q. Upon your oath, did not he attempt to seize Baker three times? - A. I was looking after my husband.

The prisoner left his defence to his Counsel.

For the Prisoner.

ROBERT COLLEY sworn. - Examined by Mr. Knowlys. I keep the Swan public-house.

Q. Do you remember the deceased and another man, coming to your house on the 25th of March? - A. Yes; the door was shut up, and Allen, and Withers came up, and said, they would break the door open, if I did not let them in, then they said, they would have but one pot of beer, and be quiet; they came in, and had a pot of beer, and the moment they had got the money, they began to fight; the first hit me, Mrs. Withers then got hold of my hair, and began pulling as hard as she could; I begged for peace, and desired that there might be no fighting.

Court. Q. They did not make this attack upon you, without your having said something, or done something? - A.Nothing at all; they fixed upon a man that lodged at my house, and said, he was gone out of the house upon something that he should not have been about, and then they began fighting; we got them out of doors, and we had a scuffle out of doors, and the patrol came up, and I did him command peace.

Court. Q. After you got them out of the house, what passed there? - A. They pulled their cloaths off, and tried to beat us to conquer us.

Q. Was any body fighting when they came up? - A. Yes; Withers and I were both upon the ground.

Q. What was Allen doing at that time? - A. I do not know, but I heard Mr. Baker commanding peace.

Q. Were you present when the blow was struck? - A. No, I did not see that; I had got into the house first.

GEORGE HUGHES sworn. - Examined by Mr. Knowlys. I am ostler at the Swan: On Saturday night, I was sitting in the house, when Mr. Withers, and the poor man that is dead, and another man, whose name I do not know, came to the door, they swore they would come in; Mr. Colley begged of them not; they begged very hard for a pot of beer, and they were let in, and as soon as they had come in, they pitched upon a young fellow that sat behind me, I do not know his name, and Withers said, he had run away from him the Saturday night before; no, says the young man, I do not know that I ever saw you before in my life; they had some words, and he pitched a top of this young fellow, and Withers hit my master twice in the mouth, and I got up and tumbled him down in the house, and I told him that was the second time he had been there, and always tried to kick up a dust; we got them all out of doors, and then Withers, and I and my master were all down together.

Q. What was Allen doing at that time? - A. I do not know; while I was down, Witchers bit my ear; I said, do not bite my ear off, and then the patrol came up, and my master applied for peace; my master got in with Creedland, and I staid out, and this Allen was bullocking very much, Baker and I were standing together.

Q. At that time, had Creedland gone in doors with Colley? - A. Yes; then Allen ran at Baker, and pegged at him, and told him he would beat his head off; he ran at him twice, I cannot say, whether he caught hold of him or not; he said, you had better be quiet, for I will not be handled by any body; he had his fist clenched, and he told him he would hear his head off, and his eyes out; Baker and I both desired him to be quiet, and advised him to go home, he swore he would not, and he ran at him again, with both his hands up to his face, and then Baker struck him.

Q. Did he aim to strike Baker? - A. I believe he would if he could.

Q. Did you ever see the deceased after this happened? - A. Yes, on the Thursday following; I had part of two pots of beer with him, and he said, he was very sorry for what he had done, that he could blame nobody but himself.

NOT GUILTY .

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

Reference Number: t17970426-68

337. THOMAS DALY was indicted for feloniously stealing, on the 8th of April , a pair of leather boots, value 18s. the property of John Staton .

JOHN STATON sworn. - I am a boot and shoe

maker , at Charing-cross : On the 8th of April, I lost a pair of boots from the door, they had not been hung up above half an hour; I was at breakfast, and heard the cry of stop thief, I went up, and saw the maid returning with them in her hand, he was then making his escape.

ELIZABETH NEVILLE sworn. - I am servant to Mr. Staton; I saw the prisoner at the bar take a pair of boots from the door. I ran after him, and called stop thief, and he threw them away, I picked them up, and he ran away.

JAMES SMITH sworn. - I heard a cry of stop thief, and saw the prisoner running, I laid hold of him the corner of Spring Garden-gate.

Q.(To Neville.) Are you sure the prisoner is the person that you saw drop the boots? - A. Yes, I am sure of it. (They were deposed to by the Prosecutor.)

Prisoner's defence. I was going along, and saw the man take the boots, I did not know who he was, and the young woman sung out, stop thief, and I was frightened and run away.

GUILTY (Aged 18.)

Transported for seven years .

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

Reference Number: t17970426-69

338. THOMAS BENNET was indicted for that he, on the 8th of January , having in his custody, a paper writing, with the name of J. Shaw, subscribed thereto, purporting to be an order for the payment of money, directed to Patrick Thomson for the payment of 273l. which is as follows:£273l. Eaton-Bridge, January 8, 1797.

Two months after date, pay Mr. Thomas Bennett , or order, 273l. value received, and place it to the account of your humble servant, J. Shaw.

Did forge, and willingly act, and assist in forging an acceptance to the said paper writing, as follows, Patrick Thomson and Company; with intention to defraud John Bond and Benjamin Bond .

Second Count. For uttering and publishing the same as true.

Third and fourth Counts. The same as the first and second, excepting with intention to defraud Patrick Thomson .

The London Jury upon this trial being challenged on the part of the prosecution, another Jury were sworn, as follows:

John Kidgell ,

Thomas Lawford ,

William Rawlins ,

William Saint ,

John Evans ,

Clare Wilkins ,

Thomas Elliot ,

Robert Thomson ,

George Godsrey ,

William Wheeler ,

Thomas Allen ,

Henry Tyler .

(The indictment was opend by Mr. Knapp, and the case by Mr. Const.)

STEPHEN PATTISHALL sworn. - Examined by Mr. Knapp. Q. You are clerk to Messrs. Bonds, bankers, in 'Change-Alley? - A. Yes.

Q. What is their firm? - A. John and Benjamin Bond .

Q. Do you know the prisoner, Bennett? - A. Yes; he kept cash at our house, the account was opened in the early part of September last.

Q. I believe he was recommended to your house by a friend of Messrs Bonds? - A. He was.

Q. Do you remember any bills being brought to your house, by Mr. Bennett, and when? - A. There were bills brought by Mr. Bennett, and deposited in Mr. Bond's hands, on the 13th of January last, they were three bills of exchange.

Q. Look at that, and tell me if that is one of the bills? - A. Yes; this is one that was left at that time.

Q. For what purpose were they left there? - A. They were entered short to Mr. Bennett's account.

Q. When did you see Mr. Bennett again? - A. The 16th, three days after.

Q. Tell us what passed between you and Mr. Bennett? - A. When he came in, he filled up two drafts for the sum of between three and four hundred pounds; I said, the account was overdrawn, and desired him to walk into the counting-house; I turned to his account in the ledger, and found it was as I supposed; I went to him in the counting-house, and told him the account was much over-drawn, he seemed surprised, and said, why, are not those bills that I left with you the other day, discounted? I told him, no it was not agreeable to discount them; he pressed very much for the money, and said, that some other securities that were at that time in Mr. Bond's hands, would cover more than the sum he wanted to draw.

Q. What other securities were those? - A. They were India warrants; Mr. Bennett was very pressing for the accommodation, he said, it would only be for a day or two, I have the cheques. (Produces them.) The amount of them is 3761. 13s. 8d.

Q. If he had not left those bills, and the warrants that you have described, should you have let him have had that sum of money? - A. It is a difficult question to answer what I might have done, but I rather think I should.

Q. When did you see Mr. Bennett again? - A. On the 24th of the same month, nothing passed then respecting this bill; I saw him afterwards, at the Poultry-Compter, on the 31st of January.

Q. Had you any conversation respecting this bill, previous to the 31st of January? - A. Not that I recollect.

Mr. Fielding. Q. You visited this young man, I believe, pitying his distress; how long did you continue your persuasions to him to disclose the truth of the transaction before he said any thing upon the subject? - A. I made use of no persuasions to induce him.

Mr. Knapp. Q. Tell us exactly the conversation that took place between you and Mr. Bennett in the Poultry-Compter? - A. I deplored his situation that he should be in such a place as that, and told him his account was considerably over-drawn; he said, the warrants which we had in our hands sufficiently covered Mr. Bonds from any loss; I told him we had discovered that the warrants were forgeries; Mr. Bennett said, if you know that, I am a dead man; Mr. Bennett was certainly very much embarrassed at the time he said that; I immediately added, after saying that the warrants were forgeries, that I supposed the bills were of the same description; he said, they were; he pressed me very much that those things should not come forward; I told him it did not rest with me; Mr. Bennett mentioned a person that owed him some money, a Mr. Asbee, he told me the amount, which he said was six hundred pounds; that was all that passed.

Q. Take that note in your hand again, look at the indorsement, and tell me whose hand-writing that appears to be? - A. I believe it to be Mr. Bennett's writing.

Q. Have you ever seen him write? - A. Oh, frequently.

Q. From the knowledge you have of his handwriting, do you believe that to be his? - A. I believe it is.

Q. Look at the acceptance of that bill, and tell me whose hand-writing you believe that to be? - A. That I cannot say.

Cross-examined by Mr. Fidding. Q. You have told me, very honourably, that you rather think you might have let him have the cash he required without regarding any security? - A. Not any but those securities.

Q. On the 13th of January last he brought the three bills? - A. Yes.

Q. You entered them, you say, short; that is, that you did not look upon his deposit of these bills as equivalent to cash? - A. No, not at the time I made the entry, certainly not.

Q. In fact, you did not give him credit for having paid in so much in cash as would have been the amount of these bills? - A.Certainly not.

Q.These bills you had no idea of discounting? - A. No.

Q. You told him it would not have been agreeable to have discounted these bills at all? - A. Yes.

Q. He told you, when he wanted this three or four hundred pounds, that the India Bonds deposited with you would cover the whole of what he had over-drawn, and the advances you were about to make? - A. He said, it would cover the account.

Q. Not at all adverting to these three bills of Exchange that he had deposited on the 13th? - A. I had my mind in contemplation that we had those bills, and though we did not chuse to discount them, they certainly might be considered as an additional indicement to advance money.

Q. In fact, you did not discount them, nor had you any intention to discount them? - A.Certainly not.

Q. And he left them there without asking any money at all upon them? - A. I do not recollect particularly what passed; only I remember receiving the bills, and entering them short.

Q. Then, on the 16th, he said, the India warrants would cover the whole? - A. Yes.

Q. And then you advanced the money, and nothing more was done; were these bills at any time, to your knowledge, put into any channel of negociation? - A. There was nothing took place respecting these bills from that time till the forgery was discovered, they remained in our house.

Q. When you saw this unhappy young man in his confinement, you are correct in the language he used, he said, if you had discovered them to be forged, then he was a dead man? - A. I would not say so if it was not so.

Q. He did not say that he had any connection with the forgery of them? - A. No.

PATRICK THOMSON sworn. - Examined by Mr. Const (Produces a release to him from Messrs. Bond.) Q. You live in Great James-street, Bedford-row? - A. Yes.

Q. Is there any other person of your name that lives in that place? - A. Not that I know.

Q. Look at the acceptance of that bill, and tell me if it is your hand-writing? - A. It is not.

Q. Is the direction of the bill as to you? - A. Yes; the acceptance is not my hand-writing, nor the least like it.

Q. You have some knowledge of Mr. Bennett? - A. I have seen him once or twice.

Cross-examined by Mr. Knowlys. Q. You have no partner, have you? - A. Yes, I have.

JAMES LAYTON sworn. - Examined by Mr. Knapp. I live in Lime-street: The prisoner was formerly a clerk to me.

Q. Do you know his hand-writing? - A. I do.

Q. Look at the acceptance upon that bill, and tell me whose hand-writing that is? - A. It is like his, but it is not the usual manner of his writing.

Q. Do you believe that it is his hand-writing? - A. It is a thing impossible to swear positively to, but I really believe it is.

Q. Look at the back of the hill, and tell me whose hand-writing that is? - A. That is his handwriting.

Cross-examined by Mr. Fielding. Q. This unhappy young man was clerk to you, and your brother, several years? - A. Yes.

Q. He is a young man of decent connections and family? - A. Yes. (The Bill read).

£.273. Eaton-bridge, 8th of January, 1797.

Two months after date pay Mr. Thomas Bennett , or order, 273l. value receiv'd, and place it to the account of your humble servant J. Shaw.

Mr. Pat. Thomson, Great James-street, Bedford-row.

The prisoner left his defence to his Counsel, and called nine witness, who gave him a good character. (See their evidence upon the former trial.)

GUILTY Death . (Aged 23.)

Tried before Mr. Justice BULLER.

Reference Number: t17970426-70

339. JOHN GUST SCHUMAKER was indicted for feloniously stealing, on the 15th of April , three pieces of linen cloth, value 8l. the property of John Ewer , in a vessel called the Teutonia, upon the river Thames .

Second Count. Laying it to be the property of Jurgen Kruse .

Third Count. Laying it to be the property of persons unknown.

(The case was opened by Mr. Knowlys); but it appearing that the goods were taken off Hamburgh, the Jury found the prisoner NOT GUILTY .

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

Reference Number: t17970426-71

340. HENRY SMITH and THOMAS RUTLAND were indicted for feloniously stealing. on the 27th of February , a mahogany tea-chest, value 3s. and three tin cannisters, value 2s. the property of Francis Clare .

JOHN CLARE sworn. - I am the son of Francis Clare, my father lives in Tottenham court-road ; On Monday, the 27th of February, between eight and nine o'clock in the morning, we lost a tea-chest, I had seen it in the shop that morning; I was informed that two boys had taken it, and the porter and I pursued them about fifty yards; when I overtook them, Smith had it in his hand, and the other boy was looking at it.

Q. Were they running? - A. No; they had turned the corner.

ANN CLARKE sworn. - I live just above Mr. Clare's: I saw the prisoner, Smith, go into Mr. Clare's shop, between eight and nine o'clock, and he came out again with a tea-chest, the other boy was at the door; at that time they crossed the way, and went down Tavistock-street; I told Mr. Clare of it, and then I went home about my business.

Q. Are you sure those are the two boys? - A. Yes; to the best of my knowledge.

NICHOLAS BURTON sworn. - I pursued the boys, and took them with the tea-chest.(The tea chest was produced in Court, and deposed to by the prosecutor.)

Smith's defence. I know nothing about the tea-chest, another boy gave it to me.

Rutland's defence. I know nothing about it.

Smith GUILTY . (Aged 14.)

Judgment respited to go into the Navy .

Rutland NOT GUILTY .

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

Reference Number: t17970426-72

311. WILLIAM SMITH , otherwise COUNT , was indicted for feloniously stealing, on the 15th of March , a metal watch, value 5l. two gold seals, value 3l. and two guineas in money, the property of James Diamond , in the dwelling-house of Joseph Stevenson .

JAMES DIAMOND sworn. - I live at Bristol, I was in London upon business: On the 15th of March, I lived at the Angel, at the back of St. Clement's , I lost a watch, two seals, and two guineas, out of the room where I slept; I went to bed about twelve, and missed them about eight; I had left my breeches on a trunk by the side of my bed, Mr. Hanwell, a grocer of Bristol, slept in the same room with me; the prisoner was taken up the same day; the patrol has got my watch.

Q. Were you sensible of any body coming into your room in the night? - A. No.

RICHARD ROBINS sworn. - I am waiter at the Angel, the house is kept by Joseph Stevenson ; the prisoner at the bar came to our house about three weeks before this happened, by the Portsmouth coach or mail, I cannot say which; he acted the part of a gentleman all the time he was there, which was a fortnight or three weeks, he slept there every night; on the 15th of March, in the morning, he came down rather sooner than usual.

Q. How near was his room to that in which Mr. Diamond slept? - A. They were two different ways; this gentleman's room went up one flooring to the left, and the prisoner's went up another flooring to the right; he came down and desired me to get his breakfast, I did not get it immediately, and he asked me two or three times for it; I got it him, and after he had had his breakfast, he desired a coach to be called; there was one of our hackney coaches in the yard going out, and he went with it, his portmanteau was brought down, and he went away; about an hour afterwards, this gentleman came down and said, he had been rob

bed. I was going through Great Russell-street that evening, between six and seven o'clock, and met the prisoner.

Q. Was that earlier or later than he usually returned to his lodgings? - A.Earlier; I looked at him, and he at me, and he asked me if I had any letters at our house for him, I told him, no, there was not, but I would wish to speak to him; he said, what do you want with me? I said, I do not went any thing with you, but my master does; he said, he was going a little way, and he would come down in the space of five minutes; upon that, I said, he could come down there, and go where he wanted afterwards; he said, he must go there first; then I said, I would go there with him; as we went past the Hummums, he tried to run away; upon that, I said, if you behave like a gentleman, I will not collar you, but if you do not, I will; with that, he walked by the side of me; we went through Tavistock-court, and when we got to the bottom, there was some beer letting down into a cellar at a public-house, and we could only go over one at a time, he stepped over the rupes first, and then be took to his heels; I followed him into Maiden-lane, and there I told him he should not go another step without me; I delivered him into the hands of the patrole, and there was a seal found upon him, and some money which the patrole has got.

JOSEPH JEKYLL sworn. - I am shopman to Mess. Chapman, Irvin, and Edwards, in Bond-street; the prisoner was with me at my mother's, on Sunday the 13th of March; he came there to tea, he he came to see my sister; he asked me if I would go out with them on the Monday; I was not in place at that time, and I went out with him; I parted with him about four o'clock, and then he asked me and another young man if we would go out with him on Tuesday, but we did not, and on the Wednesday he came up to my mother's about half past ten in the morning, and I went out with him and another young man into the Park to see the soldiers relieve guard, and from there we went to Bayswater, and had a game at skittles, and came to London; we got to Covent-garden about six o'clock, when he saw the waiter at the Angel Inn; he said he wanted to speak with him, and he asked him if there were any letters or parcels for him; the waiter said, no, but his master wanted to speak with him; I went with them into Covent-garden, and going along the prisoner slipped a watch into my hands, which I returned the next morning to Mr. Diamond; I asked the waiter what was the matter, he said, there was nothing at all the matter, it was nothing that was material to me.

WILLIAM BACON sworn. - I received this watch at Bow street; Mr. Diamond was in some necessity, I believe, and had got a guinea upon it, (produces the watch and a seal); I found the seal upon the prisoner.

Q.(To Diamond). Did you receive the watch on the Wednesday morning before you went to the Magistrate? - A. I did from Jekyll.

Q. Was that watch your's? - Yes.

Q. And the same watch that was taken from your bed-room? - A. It is the same.

Q. How came you to let it go out of your possession afterwards? - A. I was short of cash, and I wanted a guinea till I had a remittance.

Q. Look at the seal? - A. I am perfectly satisfied this is mine, it has my cypher upon it.

Prisoner's defence. The prosecutor said if I would give him the watch, he would discharge me; I am innocent of it.

Q.(To Diamond). What is the watch worth? - A. It cost me five guineas.

Q. What is the seal? - A. It cost me two guineas, it is a gold seal.

GUILTY Death . (Aged 17.)

Recommended by the Jury to mercy.

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

Reference Number: t17970426-73

342. ANDREW GALWAY was indicted for feloniously putting off, and selling, on the 3d of March , to William Durand , seven false and counterfeit pieces of milled money, called shillings, at a lower rate and value than the same, by their denomination, did import, that is to say, for 3s. 6d.

(The case was opened by Mr. Knowlys.)

WILLIAM DURAND sworn. - I am a husbandryman , I live in Chesterfield-street; About the 14th or 15th of February, I was going to seek a birth to go to Scotland with my family; I saw the prisoner near Hoxton square, and we had three pints of purl together; he asked me, do you understand passing white ones; I knew what a bad shilling was, but I did not then know what a white one was; he pulled out two bad shillings and shewed me, he said, I might have thirty-six or forty shillings for a guinea; I considered of it, about two or three days, and I went and asked Croker, belonging to Bow-street, about it, as I had known him some time, and, on the 3d of March, about eleven o'clock, I went to him again, and bought seven shillings of him, for three shillings and six-pence, I gave him half-a-crown and one shilling, I should know it again it I was to see it, it was marked on purpose by a silversmith.

Q. Where was this? - A. In the Hackney-road , between the Blue-gate and Shoreditch; he gave me the money in a paper, we came along the road, till he was taken into custody by Croker.

HENRY CROKER sworn. - The last witness gave me information of this business; I advised him to go and buy some, we went three or four times before we found out where he brought the money from, for the prisoner used to bring it to him at a public-house, and we set Durand's wife to watch; I went up Hackney-road, and saw the last witness, and the prisoner together, and I secured him, and sent him in a coach to Bow-street, and then went and searched the house, which was in York-row, and found bad silver to the amount of eleven or twelve pounds. (Croker produced the money he had received from Durand.)

Durand. I gave this money to Crocker.

Q.(To Croker.) Is it had money? - A. It is.

ANN DURAND sworn. - I was a desired to watch where the prisoner went in; on the 3d of March, I saw him go into a house in the Hackney-road, near the Blue-gate: I afterwards shewed the house to Croker, and went with him, when he found the money there.

Prisoner's defence. Mrs. Durand swore upon her first examination, that I was not the man.

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

GUILTY , (Aged 46.)

Confined one year in Newgate , and fined 1s.

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

Reference Number: t17970426-74

343. MARY JOHNSON was indicted for feloniously stealing, on the 17th of April , six yards of printed cotton, value 10s. the property of Harrison Jackson .

JOHN JACKSON sworn. - I am a linen-draper, brother to the prosecutor: Last Monday was a week, I was informed that the prisoner had taken a gown-patch from the door.

SAMUEL LEDION sworn. - On the 17th of April, going up Oxford road, between eleven and twelve at noon, I saw the prisoner at the bar, another woman, and a man, together; as they passed me, I heard them say, d - n me, it is easy to draw them out; I watched them, and saw the prisoner at the bar take out two pins from a piece of calico, and draw it out from the rest; she put it into her apron, and went off; I went in and informed Mr. Jackson of it, and went after her with him; I told him that was the woman, and that his property was in her apron, and there it was; the constable has got the calico, Mr. Jackson delivered it to him in my presence.

Prisoner. My Lord, that witness is well known to be a common receiver to every thief.

Q. What is your way of life? - A. I am a coach-maker, No. 32, Grosvenor-market.

- BATES sworn. - I was sent for to apprehend the prisoner; Mr. Jackson delivered this calico into my hand, I have had it ever since.

Jackson. This is my brother's property, it has our mark upon it; I had put it at the door myself in the morning

Prisoner's defence. I was going along, and picked it up in a striped silk handkerchief; he took me by the hair of the head, and dragged me into the shop, and used me very ill, as is not sitting for a man to use a woman.

GUILTY . (Aged 25.)

Transported for seven years .

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

Reference Number: t17970426-75

344. THOMAS THOMPSON was indicted for feloniously stealing, on the 19th of February , six pieces of Indian ink, value 3s. and a clasp knife, value 1d. the property of Andrew Boreham .

WILLIAM ELBY sworn. - On Sunday the 19th of February, I was sent for to take charge of the prisoner at the bar, at the Shakespear's-head, in Fox's-lane , about six o'clock in the evening; when I came to the house, the prisoner was fast asleep in the privy; he is a seafaring man , a foreigner, he was very much in liquor; I searched the prisoner, and found upon him six pieces of Indian ink, and a knife that the man swore to before the Magistrate; I secured the prisoner till the man got sober.

MARY HURRIN sworn. - I live servant at this public-house, in Fox's-lane: The prisoner came in on a Sunday afternoon, along with two men, one of them was drunk; the prisoner took a great deal of liberty with the man that was drunk, and his money; the other man that was with him was sober, and wanted to get him away; the man that was drunk went backwards, and the prisoner followed him very soon after, and I saw him rifle his pockets of this Indian ink, and this knife, and put them in his own pocket; my mistress did not like him, and sent me to watch.

Q. Are you sure you saw these things taken by him? - A. Yes, very sure; I asked him why he robbed the man, and he said he had got what he wanted, and I went and told my mistress, and she sent for a constable.

Q. Do you know whether the man that was asleep had any money? - A. He had some, but I cannot tell how much.

Q.(To Elby). Did you find any money upon the prisoner? - A. I searched the prisoner, and found two sixpences upon him.

The prisoner did not make any defence.

NOT GUILTY .

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

Reference Number: t17970426-76

345. ELIZABETH MITCHELL was indicted, for that she, on the 23d of April , in the King's highway, in and upon Daniel Turner , did make an assault, putting him in fear, and taking from his person a metal watch, value 40s. and a metal key, value 1d. the property of the said Daniel.

DANIEL TURNER sworn. - On Sunday evening last, I was robbed the corner of Privy-gardens , between ten and eleven o'clock; I stopped there to case myself, and this lady came up to me, and, with indecent language, asked me to go with her; I told her I would not go with her, I had got no money; I went farther on into the gardens, and she followed me on, and caught hold of me again, and desired me to go with her; I told her I would not; she put her hand down to my breeches, and I mistrusted that my watch was gone, I put my hand down, and found it was gone.

Q. Are you sure you had your watch when you went into Privy-gardens? - A. Yes.

Q. Did you ever find it again? - A. No.

Prisoner's defence. Between eleven and twelve o'clock on Sunday night, he charged another woman with it, she was here just now, but she is gone home till six o'clock, I did not expect my trial to come on so soon; he used us both very ill, he charged her first, and then struck me violently with that stick in his hand.

Prosecutor. There was but this one woman, I saw no other till afterwards; when I charged her with the watch, she struck me, and called a great many more about her, and they knocked me down, and used me very ill, I lost my hat and my shoe; I called the watch, and desired him to take care of that woman, for it was her that had taken my watch. NOT GUILTY .

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

Reference Number: t17970426-77

346. EDWARD WRIGHT was indicted for feloniously stealing, on the 21st of February , a pair of copper scales, value 4s. and a quarter of a pound weight, value 3d. the property of James Mayne .

JAMES MAYNE sworn. - I am a tobacco manufacturer in High-Holborn : On Tuesday evening the 21st of February, I saw the scales upon the counter, when I went out about eight o'clock; I missed them the next morning, when I wanted to make use of them; I heard of them some days after from the watch-house keeper of St. Giles's, they are here.

PETER MAYNE sworn. - The prosecutor is my father; while I was shutting up shop, a man came in for a pennyworth of tobacco: I should not know him again if I was to see him; I staid to put up the shutters before I came in to serve him, and when I had served him, he gave me a penny, and went out of the shop again, (produces the scales); they were given to me by the watch-house keeper last night; the trial was to have come on last night, the watch-house keeper could not attend.

Prosecutor. These are my property; there is no mark upon them, but the chains are remarkably strong for so small a scale, I verily believe them to be my scales.

WILLIAM PARKER sworn. - On Tuesday evening, the 21st of February, about nine o'clock in the evening, the prisoner came into my shop to purchase a pocket-book; I had some suspicion of him, I had got a quantity of plate on the counter, and I took it off; I turned round, and saw something in his pocket, I examined him, and found those scales in his pocket.

Prisoner's defence. I was very much distressed, it was distress that drove me to it.

GUILTY (Aged 69.)

Confined one year in Newgate , and fined 1s.

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

Reference Number: t17970426-78

347. SAMUEL HURCOCK and GEORGE PARSONS were indicted, the first for stealing, on the 6th of April , two metal ferrules, value 2s. 6d. the property of John Taylor , and the other for receiving the same, knowing them to be stolen .

JOHN TAYLOR sworn. - I am a plumber and glazier in Broad-street, Bloomsbury : On the 6th of this month, I lost some ferrules out of a drawer in my shop; I missed two, I believe there were more gone; I had seen them in the shop that morning; I went out in the afternoon about five o'clock, the prisoner, Hurcock, was then cleaning my windows, he had the care of the shop; I found them the next morning in the house of the prisoner, by the direction of the prisoner, Hurcock; when I came home in the afternoon, he was gone home; I went to him in the morning, and charged him with it, and he at first denied it, and then he said he did it; I wanted him to tell me where they were, and he refused a good while; at last, he took me to the prisoner, Parsons', shop; on the right hand side of the shop, there was a little parlour, and I suffered them to have a little conversation together, and then Parsons came out, and after some minutes rummaging about the shop, he produced them; I had an officer with me, and I gave him charge of Parsons; he looked round to Hurcock, and said, you bad man, why should you bring me into trouble.

Parsons was not put upon his defence.

Hurcock's defence. I have known Mr. Taylor these last six years; we have been very intimately acquainted; I called upon him, and asked him how he

did, and he said he was very poorly; I had worked for him before, and I offered to clean his windows for him; the children had taken out some of the tools into the passage, and I carried them in; Mr. Taylor, when he came home, said, that drawer had been out, and I told him it had, and that the children had had it out; he asked it me as a favour to come next morning, which I promised him I would, and as I was going away, I picked up these ferrules under the window in the street; they are broken brass cocks, they are not ferrules, and I took them to Mr. Parson's.

The prisoner called one witness, William Avis , who gave him a good character.

Hurcock GUILTY (Aged 44.)

Confined six months in the House of Correction , and fined 1s.

Parsons NOT GUILTY .

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

Reference Number: t17970426-79

348. JOHN TAYLOR and WILLIAM HUMPHREYS were indicted for that they, on the 22d of March , in the King's highway, in and upon Levy Jacobs , did make an assault, putting him in fear, and taking from his person a silver watch, value 40s. a steel chain, value 6d. a steel seal, value 6d. a cornelian seal, value 6d. and a base metal key, value 6d. the property of the said Levy.(The witnesses were examined apart at the request of the prisoners).

LEVY JACOBS sworn. - I am a German, I keep a house in Houndsditch: On the 22d of March, about a quarter before eight in the evening, as I went along Watling-street , near Friday-street, two men came up to me, I had a bag of clothes upon my back; one came before me, and the other behind me, and they knocked my hat over my face, and I felt my watch go; I took hold of one directly, and the other ran away.

Q. Are you perfectly sure it was not an accident that brought your hat over your face? - A. I am perfectly sure of it.

Q. Which of these two men was it you detained? - A. The tallest, Humphreys.

Q. Did he get away at all? - A. Yes, he was stronger than me; it was all done in a minute; I cried out, stop thief, and, in about five minutes afterwards, the constable brought me one of them to the watch-house in Friday-street.

Q.Which of them was it the constable brought to you? - A. The shortest, Taylor; the other came in in about half an hour.

Q. Had you time to observe the faces of these men when they robbed you? - A. No, I could not; because they knocked my hat over my eyes.

Q. Did you observe their clothes? - A. Yes, I did.

Q. Can you say with certainty, when the constable brought that one back, whether it was one of the men or not? - A. Yes; because it was the size, and the colour of the coat.

Q. When the other man came to the watch-house, how came you to know him? - A. By his clothes; he had a white great coat on.

Q.Had Taylor a great coat on? - A. No.

Q. Was any thing found upon either of them? - A. The watch was not found.

Q. Has it been found at all? - A. Not to my knowledge.

Cross-examined by Mr. Knapp. Q. Now, Honestly, I believe you have never had the good fortune to find your watch again? - A. No.

Q. How old are you? - A. About seventy.

Q. Your eye-sight is not quite so good now as it was thirty or forty years ago? - A. If I have my spectacles on it is.

Q. Was this about a quarter before eight in the evening? - A. Yes.

Q. The day was pretty near shut in; it was getting dark? - A. Yes.

Q. Then you could not see quite so well as if it had been day-light? - A. No.

Q. You never had an opportunity of seeing the person's faces at all? - A. No; I saw them run.

Q.Even, when you did see them afterwards, when the constable led the one in, and the other came voluntarily into the watch-house, you could only speak to them from their clothes and their size? - A. I knew their clothes and their size.

Q. You have, perhaps, in the course of your life, seen just such a coat as that before? - A. Yes.

Q. The other man you know by the size; you have seen a great many men about the same size? - A. Yes, to be sure.

Q. You never had an opportunity of seeing the faces of either of them, because they put your hat immediately over your face? - A. Yes.

Q. With respect to Humphreys, half an hour after you had been in the watch-house, while all the crowd were about the watch-house, Humphreys came to the watch-house voluntarily, did he? - A. Yes.

SAMUEL HAPGOOD sworn. - I am a warehouseman: On the 22d of March, I heard a cry of stop thief, I am a constable; just opposite the watch-house in Watling-street, I saw Taylor running from St. Paul's towards Friday-street, between Friday-street and Bread street I got nearly up to him; when he got near the corner of Bread-street, he was running all the time, he turned up Bread-street towards Cheapside, on the left hand side, till I had got very near him, and then he suddenly stopped running

and walked, and then I came up to him, he was very much out of breath; I told him there was a cry of stop thief, and I suspected he was the person, he must go with me, but he refused, till I shewed him my authority, and then I put him into the watch-house; very soon after, William Humphreys came into the watch-house; I asked him what he wanted there; and he said, he thought he knew the prisoner; he said to Taylor, I believe I know you; but Taylor said, no, you do not know me, and then the other said, he did not know him; the Jew, as soon as he saw them, said, they were the men that robbed him; before Humphreys came in he described him to be a taller man than the other, in a light-coloured coat; and as soon as he did come in, he said, that was the man; we asked him who he was, and what he was, and he did not give any account of himself; one of the constable asked Humphreys what he was, and he struck him with a stick in his face; I asked him what that was for; and he said, for taking charge of him; and then we secured them both together; we searched them, but found no watch upon them; Humphreys came in about half an hour after Taylor; when I brought Taylor to the watch-house, the Jew was there, and he immediately said, that was the man; when we took him from the watch-house to put him in a coact, somebody said, d-n your eyes, cut away.

Cross-examined by Mr. Knapp. Q. There were other persons running? - A. Yes, following.

Q.How long have you been a constable? - A. I was sworn in on Plow-Monday.

Q. You have heard that there is a reward in cases of highway robbery? - A. Yes, forty pounds.

Q. There is forty pounds a piece? - A. I did not know that.

Q.What is your belief about it? - A. I do not care about it.

Q.Upon your oath, do not you know there are two forty pounds if these men are convicted? - A. I have heard that there is, I do not know that there is.

Q. The Jew came in both times, immediately pointing them out as the men that had robbed him? - A. Yes.

Q. You mean to stick to that? - A. Yes.

Q. Did not he say, that he knew them by the colour of their coats? - A. He described Humphreys as a taller man than that in the light coloured coat.

Q. Did he ever say, that he knew them, being able to see them, and see their faces? - A. No; I do not know that he did.

Q. The first person that was apprehended; you brought in in custody? - A. Yes.

Q. And with respect to the other, the two prisoners spoke to each other, and then it was that the Jew fixed upon the other? - A. He fixed upon him the moment he came in.

Court. Q.Had those two men round hats or cocked hats? - A. Round hats to the best of my knowledge.

WILLIAM HEYLYN sworn. - I keep the Bell-Inn, in Friday-street: I went with my man to the watch-house, and there were a number of men, that by all accounts wanted to rescue these men; I went into the watch-house, and we got a coach, and took the two prisoners to the Poultry Compter, one of the men called out as we were getting into the coach, cut away.

JOHN RETHERFORD sworn. - I am one of the constables of Bread-street ward: On the 22d of March, I went down to the watch-house. Taylor was there, and afterwards Humphreys came in, and the Jew jogged me to take him into custody, for he was the man that robbed him likewise: I looked at the man, and asked what he wanted, he said, he had heard there was a thief, and he came in to look at him, he had fresh splathes upon his stockings, as if he had been running; several gentlemen asked him what he was, and who he was, and he could not give any account of himself, and I shewed him my authority; when he found I was going to secure him, he said, he was a boot closer; I went to look at his hands, and he immediately struck me in the face, with a horrid expression, wishing it was a knife instead of his hand; I searched him, and found a knife upon him.

Q. To Jacobs.) Did you see what hats these men had on that robbed you? - A. I could not see, I had my hat over my eyes.

Taylor's defence. I worked for a fishmonger, in Portsmouth-street; I had been to Blllingsgate, and was returning home to tell him what fish were come up.

Humphreys's defence. I had been with an acquaintance of mine that was going aboard of ship, I went to see him safe to the Chatham coach, and we stopped and had some liquor, and I got rather intoxicated, and coming along home, I saw a number of people round the watch-house, I went in to see what was the matter.

For Taylor.

WILLIAM LANE sworn. - I am a fishmonger; Taylor lived with me five months, during that time he always behaved very honestly, he brought home my goods from market.

Both NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970426-80

349. CATHERINE EVANS was indicted for feloniously stealing, on the 3d of March , a linen sheet, value 3s. the property of James Watts .

ELIZABETH WATTS sworn. - I am the wife of James Watts , I am a laundress in the Temple; on the 3d of March, I lost a sheet from before my door, it was hanging to dry, I saw it about three weeks after, at a pawnbroker's.

JOHN ROGERS sworn. - On Thursday the 9th of March, the prisoner at the bar pawned this sheet with me, in the name of Catherine Evans, for three shillings.

Mrs. Watts. This is my sheet, I know it by the mark, and the date of the year 1783 upon it.

Prisoner's defence. One Mary Robertson desired me to carry it to pawn for her.

GUILTY (Aged 30.)

Confined six months in the House of Correction , and fined 1s.

Tried by the London Jury, before Mr. Justice BULLER.

Reference Number: t17970426-81

350. JOSEPH STOTT was indicted for feloniously stealing, on the 29th of March , eighty pounds weight of raw sugar, value 26s. and twelve hams, value 10l. the property of Thomas Bolt .

JOHN WALKER sworn. - I live with Mr. Bolt, wharfinger, lighterman, and warehouseman : We lost a small barrel of sugar, and about half a hogshead of hams, out of a warehouse, in Dice-quay, Lower Thames-street , it was broke open on Wednesday the 29th of March, and the next morning I found the staple drawn, and the hinge broke; I had seen the property there the night before, and missed it the next morning.

JAMES MORRIS sworn. - I am a private in the guards; I heard Joseph Stott , and William Skinner , and John Foster , at the Three-compasses, Lambeth Lower-marsh, talking that they had got some hams, and a little sugar out of some warehouse upon the quays, but they did not mention the warehouse in particular, they came there to divide the money, and they asked me to drink along with them.

SUSANNAH IRELAND sworn. - Morris, the last witness, lodged at my house, he was quartered with me, and on the 30th of March, the prisoner, Stott, came to our house in the evening, very much in liquor; he went up into Morris's room; I had often heard Stott say, that he had five guineas at a time, by taking sugar, and I, out of curiosity, went up stairs after them to the room door, and I heard Stott say, Skinner, and Foster, and I, went last night to our old warehouse, upon Dice-quay, and we had as fine a parcel of hams, says he, as ever you saw in your life; I suppose says he, some will weigh fifty pounds a piece, I never saw such in my life; says he, we were offered twelve pounds for them last night, but we would not sell them for that; we took a little sugar, says he, and it was but little, for we made but three pounds of that; it is a dark place, and a nice place, where we cannot be catched, we mean to go again, next Tuesday; Morris, you are a d-d fool, if you do not go with us; Morris's wife answered, that she hoped he would not, and said, she hoped he never would come there any more; he told him it was the nicest place for their work upon all the quays; he said, the gate was never locked all night: on Saturday, the 1st of April, Morris went to the burying of a soldier, and when Morris came back, Stott, and Skinner, and Foster, came up, and Stott wanted Morris to go and have some beer with him, says he, here, and held up a bit of paper, that I thought was a Bank-note, but I am not quit sure.

Prisoner's defence. It was a field-day that day; I went to bed about eleven, and got up at six the next morning to another field-day; what they lay against me, I do not know any thing about.

The prisoner called his serjeant, who had known him five years, and gave him a good character.

He was recommended by the Jury to mercy.

GUILTY (Aged 30.)

Confined one week in Newgate , and delivered to his serjeant.

Tried by the London Jury, before Mr. Baron HOTHAM.

Reference Number: t17970426-82

351. ROBERT PEARTREE was indicted for feloniously stealing, on the 24th of February , two pewter quart pots, value 2s. the property of Nicholas Pelham .

NICHOLAS PELHAM sworn. - I keep the Jacob's-well, in Grub-street : I lost two quart pots on the 24th of February, (the constable has got them.)

- BRAY sworn. - I had these two pots from the witness, Power.

JAMES POWER sworn. - I live at Mr. Wright's, a soap maker, in Grub-street, he has his beer of the prosecutor; I saw the prisoner take the pots out of my master's house; I followed him, and took him to Mr. Pelham's, with the pots.

Prosecutor. The last witness brought me the prisoner and the pots; I delivered the pots to Bray, the constable, and he was taken to Guidhall.

Prisoner's defence. I have lodged in Grub-street, three years, directly opposite the prosecutor; I saw his maid servant with her apron nearly full of post, I went in under the gateway of that man's master, and took the pots to give them to her; I did not take them with any intention to steal them, I had no call for it, I had lodged in the house three years, and had dealt with Mr. Pelnam all that time; the house I lodge in, is full of lodgers, and I go out soon in the morning, and the pots stand on the stairs, from one to half-a-dozen; if I had been to inclined, I have had opportunities enough.

GUILTY . (Aged 57.)

Publickly whipped and discharged.

Tried by the London Jury, before Mr. Justice BULLER.

Reference Number: t17970426-83

352. THOMAS CORBETT was indicted for breaking and entering the dwelling-house of Edward Reynolds , about the hour of two in the night, of the 29th of March , with intent to steal his goods, and burglariously stealing therein, eighteen pair of leather shoes, value 27s. and a child's leather shoe, value 3d. the property of the said Edward.

JOHN TAYLOR sworn. - I live opposite to the prosecutor, he told me his house had been broke open; and on the 7th of this month, I went with the prosecutor to the prisoner's lodgings, and found a shoe concealed in the fire-place; he lives in the coal-yard, Drury-lane, in a two pair of stairs back room, (produces the shoe); the prisoner told me the rest of the property was pawned at Mr. Hinckesman's, in Broad-street, St. Giles's.

Q. He did not tell you that without a great deal of pressing, I suppose? - A. Yes, he told me voluntarily; I found a duplicate in the room, which led to a part of the property. (Produces it.)

EDWARD REYNOLDS sworn. - I am a shoemaker , in Broad-street, St. Giles's ; my house was broke open, on the 29th of March, the pin of the shop shutters was taken out; I went to bed about eleven o'clock, and saw all fast then; the watch man alarmed me about half past three o'clock in the morning; I came down, and found the shutter was half off, and the two bottom panes of glass broke, I missed about eighteen pair of shoes; on the Friday week following, we found one shoe in the prisoner's lodgings; this is my shoe, I have got the fellow to it in my pocket.

ROBERT HINCKFSMAN sworn. - On the 7th of April, the prisoner pledged a pair of shoes with me for one shilling and a penny, (produces them): he said, they were two odd shoes, and he should be back in an hour, and make them fellows, which he did; I know him very well, he is a neighbour, he is a shoe-maker by trade, and makes up shoes to sell to shops.

Prosecutor. These are my shoes.

FRANCES STYLES sworn. - This prisoner at the bar pledged this pair of shoes, (producing them,) with me, on the 7th of April, I have known him nine or ten years, very near.

Prisoner's defence. I served my time in this shop where this affair happened; I bought these shoes in Rosemary-lane, I believe I laid out about eight shillings that afternoon; I put them on my shelf in a little room, and about three weeks ago, I wanted a little money, and pawned them; my wife and I had some words, and I threw a shoe at her, and it went into the fire-place.

GUILTY

Of stealing the goods, but not of breaking and entering the dwelling-house .

Transported for seven years .

Tried by the second Middlesex Jury, before Mr. BARON HOTHAM .

Reference Number: t17970426-84

353. GEORGE NEWMAN and DANIEL COLLINS were indicted for feloniously stealing, on the 27th of April , a wooden truck with two wheels, value 20s. the property of John Grocot .

SARAH GROCOT sworn. - I am the wife of John Grocot , my husband is a bricklayer , No. 7, Rose-street, Soho : My husband had lent a gentleman the truck, and he returned it on the Thursday morning, and in the evening I saw it at the door, about eight o'clock, and soon after missed it; that is all I know about it.

JONAS ROWLEY sworn. - I am a baker by trade, and keep a chandler's shop: Mr. Grocot employed me, about four o'clock yesterday, to go and see the property, and I knew it to be his; I saw it in the Roll's Workhouse yard, in the Liberty of the Rolls, in the possession of Mr. John Blundell.

JOHN BLUNDELL sworn. - I am constable of the Liberty of the Rolls: About four o'clock, yester

day afternoon, the man that keeps the Bowling-pin public-house, in Bowling-pin-alley, sent for me, that two suspicious persons had left a truck in his yard the night before, and they had been offering it for sale, and were then going to break it up; I went, and saw the two prisoners breaking the iron work from it; I understood, from their discourse, that they had been offering it to sell, and the person would not buy it; I asked them who they were, and where they worked; they said, the truck belonged to their master; and I asked them who he was, and where he lived; and they said. he lived opposite St. Giles's church; I asked them how they came to bring the truck there; and they told me one of them had been moving some goods, and had asked the landlord liberty to leave it there; and then I told them, that I could not let them go till they had given me an account of who the truck belonged to; upon that. I took them to the watch-house; they told me it belonged to a person in Rose-street, Soho, opposite St. Ann's workhouse; I went there and found it was so; the truck is in my possession in the Court yard.

Q.(To the Prosecutrix.) Have you looked at that truck in the Court yard? - A. Yes; it is my truck.

Newman's defence. Yesterday morning I saw this young man, he told me he had found this truck near Compton-street, I was going to work; I saw him again in the afternoon, about four o'clock, and told him I had heard of a person that had lost the truck; we both directly went to the place where he had taken the turck to, and we agreed to take it home; we were getting it out of the yard to take it home when the constable stopped us.

Collins's defence. On Thursday night, about half past ten, I saw this truck lying in the middle of the road, with one of the wheels off; I put the wheel on again, and brought it to Bowling-pin-alley; I asked Mr. Brooksbank, she head porter of Lincoln's-Inn, whether I might leave it there till I found the owner; and he said, I might; I saw this young man the next day, and he told me he had heard of a person that had lost the truck; and we had got one wheel on, and was going to put the other on, when the constable came up, and we told him we had heard it belonged to some person in Rose-street.

Newman GUILTY (Aged 21.)

Collins GUILTY (Aged 21.)

Confined six months in the House of Correction , and fined 1s.

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

Reference Number: t17970426-85

354. WILLIAM SABEY , and MARY (the wife of Robert) JOHNSON , were indicted, the first, for feloniously stealing, on the 5th of April , eighty four pounds weight of soap, value 58s. the property of James Clarke ; and the other, for receiving the same knowing it to be stolen .(The case was opened by Mr. Knowlys.)

WILLIAM PEARCE sworn. - Examined by Mr. Knowlys. I am an apprentice to Mr. Clarke; the prisoner was a weekly porter .

Q.In consequence of any suspicion, did you make any soap on the night of the 4th of March? - A. Yes.

Q. What time did the prisoner come to work in the morning? - A. At six o'clock, or a little after; after he was gone to breakfast, about nine o'clock, I went into the cellar, and there was one cake of mottled soap drawn out; we left it alone till dinner time, and then I went down again, and there were two cakes of yellow soap drawn out.

Q. Was that marked also? - A. Yes; I had crossed it both ways with a knife, the night before the prisoner was taken up.

Q. Did he say any thing when you were present? - A.When the constable said, you must go along with me, you have been stealing soap out of Mr. Clarke's; he said, have I; if I must go, I will go.

WILLIAM TUTT sworn. - On the 5th of this month, I was applied to for a search-warrant by Mr. Clarke; before that, I had been into the cellar and seen the soap marked; there was a cake missing; we went and got a warrant to search the prisoner's lodgings, and we found a bag and a piece of soap; I went over to Mrs. Johnson, I had a suspicion of some being sold there; I asked her what soap she had; and she said, seven pounds, she shewed me what there was; I asked her if it was all she had; and she said, yes; I looked under the counter, and pulled out a large box, that proved to be soap; it is in Court.

Q.Did you hear what he said before the Magistrate? - A. Yes; it was taken down in writing.

Q. Was any mark upon that found at the prisoner's lodgings? - A. No; only upon that found at Johnson's; the person who took the examination before the Magistrate not being in Court, the prisoners were found

Both NOT GUILTY .

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

Reference Number: t17970426-86

355. SARAH SMITH was indicted for feloniously stealing, on the 12th of February , a cotton counterpane, value 2s. a woollen blanket, value 2s. a cotton curtain, value 2s. a looking-glass, value 2s. a pair of sheets, value 10s. a feather pillow, value 5s. a linen pillow-case, value 5d. and a linen curtain, value 1s. the property of John Kendall , in a lodging-room .

The pawnbroker not being present to produce the property, the Jury found a verdict

NOT GUILTY .

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

Reference Number: t17970426-87

356. FRANCIS EVANS was indicted for feloniously stealing, on the 25th of April , 50lb. weight of tanned leather, value 20s. the property of Stephen Maberly and John Maberly .(The case was opened by Mr. Const.)

GEORGE SOUTHEY sworn. - Examined by Mr. Const. I am foreman to Messrs. Stephen and John Maberly , father and son, they are the only partners: On Tuesday the 25th of April, I was coming through the warehouse, I saw the prisoner, and a man of the name of Humphries, putting a quantity of skins into a bag; I asked what they were going to do with them, and they said they were going to lay them aside till they had an opportunity of sorting them; I suspected they were about to be carried out, and I got two persons to watch, and they were soon after carried out by the prisoner.

WILLIAM TURNER sworn. - Examined by Mr. const. I am servant to Messrs. Maberly; Mr. Southey desired me to watch in the warehouse; about eight o'clock, I saw the prisoner go out with a bag upon his shoulder; I immediately told Mr. Crowther of it, and he followed him and brought him back; he put the bag down, and said, there they are; I went to examine the bag, and found them to be pieces of leather rounded; they are generally sold to the shoe-makers.

Court. Q. Are they ever given to the workmen by way of perquisites? - A. No; they are sold by weight.

Cross-examined by Mr. Alley. Q. This bag was like many other bags about the house? - A. Yes.

Q. Do you mean to say that the workmen have not the privilege of carrying away what they call shavings? - A. Yes; they have by asking leave.

Q. There were several other men in the same place at the time? - A. No; there were not.

WILLIAM CROWTHER sworn. - Examined by Mr. Const. I followed the prisoner and overtook him about eighty yards from the house, and brought him back; I told him these pieces must not be carried away; he immediately put them off his back, I examined them, and they were pieces of leather.

Q. They were not shavings? - A.No.

Cross-examined by Mr. Alley. Q. He told you at the time he thought they were shavings, and was mistaken? - A. No, he did not.

Court (To Southey). Q. Are those things given to the workmen as perquisites? - A. No, never; they have been locked up in our warehouse ever since, and sealed. (Produces them).

Jury. Q. What may be the value of them? - A. About five-pence a pound; there are fifty-two pounds of it.

Prisoner's defence. My Lord, and Gentlemen of the Jury-this is a spiteful malicious piece of business; I went up to fill the bag with shavings, and Mr. Turner saw me go up; when I came to take up my bag of shavings, when I was going out to breakfast, my bag was taken away, and this bag of pieces put in the place of them, and I took it, and thought it was shavings; I spoke to the foreman directly, and said what a scandalous piece of business it was; my bag was found covered over with dust and rubbish; I knew no more that it was pieces than the child unborn.

GUILTY (Aged 30.)

Transported for seven years .

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

Reference Number: t17970426-88

357. WILLIAM CLARKE was indicted for stealing, on the 15th of April , a pair of silver shoe-buckles, value 30s. the property of Frederick Starmer .

FREDERICK STARMER sworn. I am a German and a seaman : On Sunday night, the 15th of April, I lodged in the same house where the prisoner was quartered, upon Little Tower-hill ; I lost my buckles out of my shoes in the night, he slept in the same bed with me; I saw them about five o'clock in the afternoon; I saw one of the buckles afterwards with a man that took me to the soldier; I know my buckle again, that same man has the buckle yet.

WILLIAM FITZFATRICK sworn. - I live Journeyman to Mr. Jones, in Rosemary-lane: On Saturday evening the 15th, between the hours of eight and nine, the prisoner offered me a silver shoe-buckle for sale; I suspected that he had stole it, I questioned him, and he prevaricated very much; I told him if he did not bring the fellow to it, I must detain it; he came to the door in about a quarter of an hour with something that he held in his hand, it looked like a buckle, but I insisted upon seeing whether it was or not, and said I would send for an officer; upon that he ran away saying, he would fetch an officer for me.

- MURRAY sworn. - I am a pawnbroker; two soldiers came to me on Saturday night the 15th, with a buckle, and said they wanted to dispose of the buckle, but I cannot speak to the men.

THOMAS MORGAN sworn. - The prisoner, Clark, told me, he had a pair of buckles to sell if I would go with him, that was on Saturday night between eight and nine o'clock.

NOT GUILTY .

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

Reference Number: t17970426-89

350. WILLIAM BURGESS was indicted for forging and counterfeiting, on the 15th of November , a promissory note for the payment of 10l. dated Norwich, 1st of November, 1796 , with intention to defraud Benjamin Betts , and Ann Smith , widow.

Second Count. For uttering the same as true.

Third and fourth counts. With intention to defraud Messrs. Boldero and Co.

The note being dated at Norwich, and their being no evidence to negative the existence of such a house at Norwich, the prisoner was

ACQUITTED .

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

Reference Number: t17970426-90

350. JOHN JOHNSON was indicted for a similar offence , but their being the same defect of evidence, the prisoner was

ACQUITTED .

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

Reference Number: s17970426-1

The SESSIONS being ended the COURT procesded to GIVE JUDGMENT as follows:

Received sentence of Death - 12.

James Andrews ,

William Noah ,

James Barron,

Samuel Chester,

Henry Butler,

Elizabeth O'Connor,

Jarvis Streeter,

William Smith,

Thomas Bennett ,

John Tull,

Thomas Perry, and

William Wood.

Transported for seven years - 24.

James Turner ,

Sarah Warner,

Samuel Alford,

William Cray ,

Thomas Daly ,

William Walpole,

Thomas Jones,

Joseph Willoughby,

George Boyden,

Mary Smith,

James Hunt,

Mary Johnson ,

Elizabeth Bennett,

Thomas Toney,

Thomas Payne,

Margaret Buckie,

Ann Hall,

Thomas Corbett,

James Angas ,

Timothy Reardon,

Joseph Penn ,

William Moore,

Elias Davis, and

Francis Evans .

Confined two years in the House of Correction, and fined 1s. - 3.

Elizabeth Smith, Elizabeth Cullum, and William Hill.

Confined one year in Newgate, and fined 1s. - 3.

Joseph Christie , Andrew Galway, and Edward Wright.

Confined twelve months in the House of Correction, and fined 1s. -1.

Mary Macnamara .

Confined six months in the House of Correction, and fined 1s. - 17.

David Ominier,

Elizabeth Neave,

Ann Atkins,

John Abbot,

Benjamin Kitchen,

Daniel Collins,

Catherine Evans ,

John Toselin,

Margaret Salmon,

Thomas Macnally ,

Samuel Hurcock,

Mary Knott,

Ann Doughty,

Ann Skinner,

Elizabeth Tippet ,

William Hindes, and

George Newman.

Confined one week in Newgate - 1.

Joseph Stott.

Publicly whipped, and discharged - 2.

Robert Peartree, and John, otherwise Joseph, Crow.

Privately whipped, and discharged - 2.

Mary Scott , and William Clarke .

Judgment respited to enter into the Army, or Navy - 6.

James Chapman,

Maurice Pemberton,

Charles Smith ,

Henry Smith,

George Layton , and

William Williams.


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