Old Bailey Proceedings, 31st May 1797.
Reference Number: 17970531
Reference Number: f17970531-1

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 31st of MAY, 1797, and the following Days, BEING THE FIFTH 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 Sir RICHARD PERRYN , Knight, one of the Barons of His Majesty's Court of Exchequer; the Right Honourable Sir NASH GROSE , Knight, one of the Justices of His Majesty's Court of King's Bench; Sir JOHN WILLIAM ROSE , Knight, Serjeant at Law, Recorder of the said City; JOHN SILVESTER , Esq. Common-Serjeant at Law, of the said City; and others, His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Gaol Delivery of NEWGATE, holden for the said City and County of MIDDLESEX.

London jury.

Alexander Smith ,

John Murphy ,

William Smart ,

Thomas Clark ,

John Ford ,

Osborn Eardswell ,

James Poynton ,

Edino Boughton ,

George Noon ,

John Francis ,

Henry Beadle ,

John Vandenbergh .

First Middlesex jury.

John Crookshanks ,

Thomas Oldfield ,

Robert Martin ,

Charles Reeve ,

Matthew Burnet ,

Benjamin Ayres ,

John Gooch ,

Philip Gornall ,

Peter Osborne ,

Thomas Hodgson ,

John King ,

David Pollock .

Second Middlesex jury.

Thomas Shingler ,

Jonathan Haughton ,

Thomas Ballard ,

John Smith ,

Henry Slack ,

James Rowe ,

William Rothwell ,

Hugh Goldicutt ,

William Dickins ,

Joseph Probert ,

Francis Laking ,

Christopher Coates .

Reference Number: t17970531-1

360. MARTIN CLINCH and JAMES MACKLY were indicted for the wilful murder of Sidey Fryer , Esq . on the 7th of May .

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

Miss ANN FRYER sworn. - Examined by Mr. Ward. Q. I believe you are a relation to the unfortunate young gentleman, who is deceased. - A. Yes; cousin.

Q. I believe, on Sunday the 7th of May, you and your cousin went out together? - A. Yes.

Q. Be so good as state slowly all that took place on that evening? - A. We set out from Southampton-buildings, Holborn, and walked through the fields beyond White Conduit-house, towards Islington .

Q. How far had you got beyond White Conduit-house when any thing struck you as worthy of alarm? - A. To where the unfortunate accident happened, about three quarters of a mile.

Q. Inform these gentlemen of the Jury the manner in which the accident took place? - A. When we came to the style, near which the accident happened, I observed to Mr. Fryer that I heard a noise.

Q. From whence did that noise proceed? - A. From the right hand; and he stopped with me to listen; he said, there is, and immediately went over the stile to where he thought the voice proceeded from.

Q. How far were you from the stile when you observed to Mr. Fryer that you heard this noise? - A. About four yards.

Q. Immediately upon your making that observation, Mr. Fryer went over the stile? - A. Yes.

Q. What did you do when Mr. Fryer went over the stile? - A. I followed him towards the stile.

Q. When you came up to the stile, what did you observe? - A. I saw a man, I think, about four yards on the other side of the stile.

Q. Do you mean by that, that you saw the man at the time you came up to the stile, before any thing took place? - A. Yes.

Q. Had you an opportunity of observing him at that time? - A. Yes; Mr. Fryer asked him what he was doing; the man spoke to him, but I cannot tell what he said.

Q. What did you then observe? - A. He shot him.

Q. How near was Mr. Fryer to him at this time? - A. The man was quite close to him, and put the pistol under his hat.

Q. Do you mean that you saw the pistol? - A. A. I saw the flash that proceeded from it, and heard the report, but did not see the pistol, because his hand was over it.

Q. As soon as it was fired, what was the consequence? - A. Mr. Fryer immediately fell.

Q. Where did he fall? - A. Into a small pond.

Q. Was it on your right or your left hand? - A. On my right hand.

Q. Then Mr. Fryer had his back towards you? - A. No; he stood side ways, and the man stood with his face towards me.

Q. Had you then an opportunity of observing his face? - A. Yes.

Q. The upper part of his face? - A. Yes.

Q. Was any thing about the lower part of his face? - A. Yes; a silk handkerchief.

Q. How high did the silk handkerchief come up? - A. It covered his mouth.

Q. What then took place? - A. When Mr. Fryer fell into the pond, the man that had discharged the pistol advanced towards me, and then turned on his left towards the pond, and took the watch out of Mr. Fryer's pocket; then he came to me.

Q. You had never changed your position? - A. No; I had never left the stile.

Court. Q. You were standing on a different side of the stile from Mr. Fryer? - A. Yes.

Mr. Ward. Q. You were close to the stile, though you did not get over? - A. Yes; he then came up to me with a pistol, and desired me to deliver my money; my hand trembled, and I could not get to my pocket, he said, make haste, give me your money; and I gave him my purse, with some money in it; he then went off, and I got over the stile.

Q. As soon as you got over the stile, did any thing else happen? - A. About three or four yards from the stile, I met another man; he asked me for my money, I told him I had given it.

Q. Did he make any reply? - A. He said, give me your cloak.

Q. Did you give him your cloak? - A. I do not know whether he took it, or I gave it him; and then the man, that shot Mr. Fryer, said, come on.

Q. Did they both go away together? - A. He followed him, when he called to him to come on.

Q. Had you any opportunity of observing the features of the second man? - A. I did not observe his countenance.

Court. Q. Not so as to be able to know him again? - A. No, not by his countenance; his person I recollect.

Mr. Ward. Q. As accurately, as you can recollect, describe the first man? - A. He was rather inclined to be lusty.

Q. Was he tall or short? - A. A middle-sized man.

Q. When did you first see that man again? - A. At Worship-street.

Q. Look at the prisoners at the bar, and see if either of them is that man? - A. Yes; the shortest man in the blue coat(Clinch), I believe, from my soul, to be the man.

Q. Have you any doubt, in your own mind, that the man in the blue coat is the man whom you observed previous to your going up to the stile, whom you saw shoot Mr. Fryer, and afterwards rob you? - A. No, I have no doubt.

Q. With respect to the other man, be so good as describe him as well as you can? - A. He was a tall man, a great deal taller than the other man.

Q. Where did you see him again? - A. At Worship-street; the prisoner quite resembles him in his person, but I did not see his countenance.

Q. The tallest man at the bar resembles that man? - A. Yes.

Q. Were these the first men that you saw, to examine whether they were the men that had committed this offence? - A. No; I saw three men at Bow-street. I was sure they were not the men; I saw them on the 16th of May, before the sitting Magistrates.

Q. Did you see the deceased shortly after? - A. Yes.

Q. Was there any wound? - A. Yes; I saw his head bloody in the field, but I did not look at the wound then, I spoke to him, but he could not answer.

Cross-examined by Mr. Const. Q. I observe you speak very positively to the person of one of those men-have you always been as certain? - A. Yes; from the first time I saw him.

Q. You mean when he was in custody? - A. Yes.

Q. Had you sufficient recollection of the persons as to describe them? - A. I did, within two days after the accident happened.

Q. To whom? - A. To a relation of Mr. Fryer's, and another person.

Q. Are either of these gentlemen here? - A. Yes, Mr. Brown is.

Q. Describe him now? - A. The upper part of his face appeared to be very broad, and he was rather lusty.

Q. If I understood you right, you said he had a silk handkerchief over his face, from his nostrils down? - A. It might be so, but I said over his mouth.

Q. Had he a flapped hat? - A. A round hat.

Q. Therefore you could see but a small part of his face? - A. I could see half his face.

Q. That part of it that was between the hat and the top of the handkerchief, no more than that? - A. No.

Q. You saw the middle part of his face? - A. I saw his eyes, and part of his forehead.

Q. Did you observe what hair he had? - A. No, not the colour of his hair.

Q. Can you take upon you now to say, whether the man, you described, had short hair or long, from your recollection, I mean? - A. I am pretty sure he had long hair.

Q. The pistol you could not see? - A. No.

Q. It was a dark evening? - A. No; it was a very fine evening; it had been a bad day, but it had cleared up.

Q. When the flash took your attention, you could have seen the pistol? - A. No; his hand covered almost the whole of it.

Q. Then you did not see any part of it, not the barrel of it? - A. No.

Q. Do you remember afterwards going to a public-house there, a Mr. Rice's? - A. I do not know the name, I went into a public-house.

Q. Do not you remember enquiries, natural one's, being made of you, to describe the persons? - A. I do not remember that there were.

Q. Do you recollect being asked what kind of persons they were? - A. No.

Q. Do you recollect whether you said you could not at all describe them? - A. I do not recollect.

Q. Will you take upon you to say that you did not say so? - A. No; I was much confused.

Q. You staid there, I believe, more than an hour? - A. I do not think I did stay so long; I thought that was of no service when the surgeon came; I could not give any account of it that day, not the day after.

Q. You must have been quite as much confused the moment of the accident? - A. No; I was more collected, upon the instant, a great deal, than I was afterwards; I was so collected, that I sent for persons to his assistance, and for a surgeon to take care of his wound.

Q. I understand you, that, at the time it happened, and when Mr. Fryer lay in this disagreeable situation, you were so collected, as to observe all these circumstances, and yet afterwards, when you had disposed of him as properly as you could, you could not recollect circumstances so strongly as you had before? - A. No; I was not asked to give an account of his person, though his person was never out of my mind.

Q. I am speaking of the time when Mr. Fryer received his accident? - A. I was collected enough to observe every thing that passed.

Court. Q. That is, that you were more collected at the time of the accident, than you were afterwards? - A. Yes.

Q. Your first examination was before the Coroner? - A. Yes.

Q. Did you give your evidence then as accurately as now? - A. I believe I described the money I had in my pocket; I said I could not describe their features; I was asked if I should know the men; I said, I could not describe them, but I believed one was lusty, and had on a darkish coat.

Q. Did you use words like these, that you could not take upon you to describe either of them, but that you thought they were both lusty, and one in a dark coloured coat? - A. I believe I did not say both, I said, one was lusty; I am pretty sure I did not say both.

Q. Will you take upon yourself to say, upon your oath, that you did not say they were both lusty? - A. I cannot say that I said so before the Coroner, nor I cannot say now, that they were both lusty, or that they were not.

Court. Q. You do not think you did say so before the Coroner, that they were both lusty? - A. No, I did not think I did.

Court. Q. Can you take upon you to say whether before the Coroner you described their persons? - A. I cannot believe that I said they were both lusty.

Mr. Const. Q. When he came up to you, you say he held a pistol to you? - A. Yes.

Q. Did you see the pistol then? - A. It was something, I have no doubt it was a pistol, it was very short.

Q. You only think it was a pistol, because it was very short? - A. I have no doubt it was a pistol.

Q. Merely from that circumstance? - A. I saw that it was short, and I have no doubt of it; I supposed it was the pistol he had shot Mr. Fryer with.

Q. Then you know it was discharged? - A. Yes, it was discharged.

Q. Whatever you said before the Coroner, you signed and left it? - A. Yes.

Q. How long was that after the accident happened? - A. I think it was the very next day, on the Monday.

Q. The first place at which you saw these men was at Bow-street? - A. No; Worship-street.

Q. Were you as positive to them the first time you saw them as you are now? - A. Yes, I was, indeed.

Q. Then afterwards you saw them at Bow-street? - A. No, I did not.

Q. Was your examination taken down the first time you were there? - A. I fancy it was.

Q. Did you sign it there the first time? - A. I believe I did; yes, I did.

Q. Were you there more than once? - A. I was there twice.

Q. Did you sign any deposition the second time? - A. No, I did not.

Q. These men were not taken up from any information you gave of them? - A. No.

Q. You found them in custody? - A. Yes.

Mr. Ward. Q. You were examined before the Coroner the day after the accident? - A. Yes.

Q. What was your state of mind at that time? - A. Very much agitated of course upon such an occasion.

Q. Were you as collected as you were before? - A. No. (The examination before the Coroner read.) Middlesex to wit.

Depositions of witnesses, taken the 8th of May, 1797, at the house of William Rice , the sign of the King's-arms, in Park-place, in the parish of St. Mary, Islington, in the said County, on view of the body of Sidey Fryer , Esq.

ANN FRYER (being sworn and examined upon her oath) saith, that the deceased was a relation to this deponent; that a little before the hour of eight yesterday evening, the deceased and deponent took a walk together into the fields, near White Conduit-house; that, about half-past eight, as the deceased and this deponent came along the foot-path, leading from White Conduit-house to the back road; when they came to a stile near the field, called Cricket-field, and in a field, called Work-housefield, they heard a noise of a female as if in distress; that deponent had expressed an alarm, at going across the field at so late an hour, that the deceased got over the stile, and the deponent stopped close to the stile, when she saw a man with a silk handkerchief tied over the lower part of his face, and a pistol in his hand; some words past, but the deponent, not having come over the stile, could not distinguish what they were; almost at that instant, the man fired a pistol at the head of the deceased, and he fell into a pond; the man took the watch out of his pocket, and then came to her, and took from her a leather purse, with ten shillings in silver in it; that deponent was going to the assistance of the deceased, when another man came up to her, and bid her deliver her money, but does not recollect whether the second man had a pistol, but he also had a coloured handkerchief, and upon deponent saying, that she had given all she had, he took a black silk cloak from her shoulders, and then

ran off together, but from her confusion, she did not observe which way they went; that she sent for Mr. Jefferson, a surgeon, that the deceased died about eleven o'clock the same evening; deponent cannot describe the men, but thinks they were both lusty, and one had a dark coloured coat on.

JOHN JEFFERSON sworn. - I am a surgeon, I was called upon on the 7th of May, to attend a gentleman who had been wounded.

Q. Where was he wounded? - A. A little above the left temple.

Q. Was that wound the occasion of his death? - A. I have not the least doubt of it.

ELIZABETH GODDARD sworn. - Examined by Mr. Knowlys. Q. I believe you and your husband have a house at Paradise-row, Islington? - A. Yes.

Q. Were you returning towards town? - A. Yes; we came out about twenty minutes before eight o'clock.

Q. Was Mr. Goddard and your sons with you? - A. Yes, they were.

Q. Tell us what happened? - A. Before I came to the bank, across the first or second field, I saw a man on the other side; we came up to the bank, I was going to get over the bank, but on seeing the man, I drew back, and got over at another part of the bank; I crossed the lane, and came to a rail step, and crept through it, and I directly saw another man in the lane, who went up the lane, we passed by, and saw them no more.

Q. Was that lane a thoroughfare or not? - A. I fancy it is no thoroughfare; if it is, it is a very private one.

Q. Did any thing draw your attention to these men, to look at them? - A. Not particularly.

Q. Did you look at them? - A. I did not look at them before I came to the bank, but not so as to know them.

Q. Did you afterwards see any persons at Worship-street? - A. Yes; I saw two there, and I thought, to the best of my recollection, one was the person I saw go up the lane.

Q. Did you observe how he was dressed? - A. Not particularly; I saw the side of his face, and I thought he had carrotty hair, and his hat was rather over his face.

Q. Did you observe the dress of the other man? - A. I observed the dress of the other man more than I did of him.

Q. How was he dressed? - A. He had a brown coat on and a light waistcoat; whether it was white or something mixed, I do not know.

Q. Do you see any body in Court That you think at all resemble those persons? - A. (Looks at the prisoners). That man in the carrotty hair is very like the person I described, but I don't attempt to say it is; I think he is very like the persons. I saw in the lane, put I don't pretend to say it is him.

Q. Can you say any thing with respect to the other man? - A. I cannot say exactly, I saw both their faces, but I did not take any notice of them; it was the man with the carrotty hair that went up the lane.

Q. Have you seen the spot where this unfortunate affair happened? - A. I have seen the spot.

Q. How far is the lane from that spot? - A. I can hardly tell, it may be upwards of 200 yards, or there abouts.

Q. At what time was this? - A. It was about twenty minutes before eight, when I left my house, and it is not above ten minutes walk from my house to the lane.

Q. Cross-examined by Mr. Knapp. Q. You never saw the faces of them? - A. I saw both their faces, but I did not take particular notice of them.

Court. Q. Did you see them pretty plain? - A. Very plain; but I did not take that particular notice.

Q. Did you take notice of the height of them? - A. Yes; one was taller than the other, much.

Q. Now, who was the tallest? - A. Him with the red hair, him that was in the lane.

ROBERT GODDARD sworn. - Examined by Mr. Ward. Q. I believe you were walking with your wife, from your house, in Paradise-row, on the 7th of May? - A. Yes.

Q. In the course of that walk, did you observe any men? - A. Yes, I did; I observed two men, it was about half past seven o'clock.

Q. Describe the place where you saw those two men? - A. The place was in a lane; there is a path runs across, which leads to Copenhagen-house, it is within a field or two of Paradise-row, Islington.

Q. Do you know the name of the lane? - A. I don't know the name of the lane.

Q. You have seen the spot where this unfortunate transaction took place? - A. Yes.

Q. Who pointed out the place to you? - A. Miss Fryer.

Q. How far do you suppose the place, where you saw those two men, was from the place Miss Fryer pointed out to you? - A. Nearly two hundred yards, as near as I can imagine.

Q. Was it further from London or nearer? - A. Further from London. - As we were coming from Paradise-row, we observed one man standing in the lane opposite to us as we were on one side of the bank, and when we got up to the bank it was very high, and I found it was a very difficult matter to get over; I told Mrs. Goddard it would be impossible for her to get over at that place; I jumped over the bank myself, and the man turned his

back upon me; I went round the corner to assist my wife down the bank, and I saw another man come over the stile into the lane, with red hair, a tall thin man; I then went into the next field, and lost sight of them; the one with red hair went down a little lane where there was no foot-path.

Q. Has the lane a thoroughfare? - A. There is no regular foot-path, it is between two hedges.

Q. Have you ever seen, since that day, any men resembling the men you saw on that day? - A. I have seen two men since these, at Mr. Floud's office, in Worship street, that very much resembled those two I saw at the bank; but I am not positive they were the men I saw at the Justice's that I saw at the bank.

Q. Look at the prisoners? - A. I am not confident whether those men are the men; I know they are a good deal like them.

Q. Was the evening light? - A. At the time I saw them it was perfectly light.

Q. Did you ever observe to any person before, or when you came to the office in Worship-street, the colour of the hair of one of the prisoners? - A. When I was asked the question I described the colour of the hair before I saw the man.

Cross-examined by Mr. Gurney. Q. You say those two men are a good deal like the men you saw near the spot? - A. I cannot say they are.

Q. At this time it was light? - A. Yes, it was light.

Court. Q. What difference was there in the height of the two men? - A. One was a good deal taller than the other.

Q. One was thinner and taller than the other? - A. One was taller than the other.

ROBERT GODDARD (the younger) sworn. - Examined by Mr. Abbott. Q. Were you walking with your father and mother, and your brother, on the 7th of May? - A. Yes.

Q. Did you see any men about the lane? - A. I saw one man.

Q. Where? - A. Within two hundred yards of the spot where the murder was committed, near a bank, in a lane.

Q. Did you take any notice of the person of the man you saw? - A. Yes, I did a little.

Q. Describe him? - A. He was rather a short man, and thick set.

Q. Did you go to the Magistrate's office in Worship-street? - A. Yes.

Q. Did you make any observation on any man there? - A. I saw the prisoner, Clinch, there; I believe him to be the man.

Q. Did you go on as far as White Conduit-house with your father? - A. Yes; the party separated there, and my brother went back.

Q. Did any one of you happen to take out a watch to see what o'clock it was at White Conduit-house? - A. Yes, I did; and as near as I can recollect, it wanted five minutes to eight.

Cross-examined by Mr. Alley. Q. How far distance were you from the men you observed? - A. I was within three or four yards.

Q. Was it dark or light at that time? - A. It was not dark.

Q. Did you see other people walking at that time? - A. I saw very few.

Q. Do you recollect any of the others that you saw? - A. No.

Q. Do you recollect the prisoners at the bar? - A. I recollect one; the person that I saw was standing with his back towards me; I had no opportunity of observing his countenance.

Mr. Ward. Q. Did you look at the back of the man you saw at Worship-street? - A. Yes, but I did not take much notice of him; when I saw the man by the bank I was stopping to get over the ditch.

Q. Did you stop when you met any other person in the course of your walk? - A. No.

GEORGE GODDARD (the younger) sworn. - Examined by Mr. Knowlys. Q. How old are you? - A. I am thirteen years of age.

Q. Were you walking with your father and mother on Sunday the 7th of May last? - A. Yes, I was.

Q. Did you see any persons in your way as you were walking? - A. Yes; I saw two men.

Q. Did you take any notice of them, so as to be able to know them again? - A. Not particularly.

Q. How far did you go with your father and mother? - A. To white Conduit-house.

Q. Did you go to twon with them? - A. No; I returned back to Paradise-row.

Q. Have you seen, since this business, the spot where the murder was committed? - A. Yes.

Cross-examined by Mr. Const. Q. Did you observe, on your return back from white Conduit-house, any persons? - A. I saw two men sitting, about ten yards from the stile where the murder was committed, on a bank.

Q. Did you look at them? - A. Yes, I did.

Q. Were you able to see their faces? - A. NO, I was not.

Q. What were they doing? - A. They seemed to be knocking two stones together.

Q. Did you see any men at Worship-street? - Yes.

Q. Now, upon the observation you took of the men you saw on the bank, could you say they were like those men you saw at the office in Worship-street? - A. I did not see their faces; I observed one had a brown great coat on, and their hats flapped over their faces.

Q. How were they dressed? - A. One had a brown great coat on, and a light coloured waistcoat; I did not take much notice of them.

Q. Have you any recollection of the men-look at them, were they the two that you saw near the stile? - A. No; I cannot say they were.

SAMUEL HARPER sworn. - Examined by Mr. Ward. Q. You are an officer belonging to the Police-office, Worship-street? - A. Yes, I am.

Q. In consequence of some information, did you apprehend either of the prisoners at the bar? - A. On the 16th of May, in consequence of an information, I, and Mr. Armstrong, and some other officers, went to the Weavers-arms, Crown-street, near Finsbury-square, and there we saw Clinch, and one Smith, that is not now at the bar; we told Smith and Clinch that we had an information against them, and they must both go to the office in Worship street; we took them to our office, and they were committed that evening upon a general charge; the next evening we went out again, in pursuit of the other person, and at the Magpie and Stump, in Sun-street, I and the other officers stopped at the door, and Armstrong went in, and brought out the prisoner Mackly, and secured him; after that they were brought up, and some people came-the first time of their examination, I believe the young lady was not there; the second time, she was.

Cross-examined by Mr. Knapp. Q. In point of fact, the prisoners were not apprehended for this crime? - A. Yes, that was my information; I told the Magistrates so at the time.

Q. Mackly was let out upon an undertaking given by some persons that he should appear? - A. I believe he was.

Q. Was Mackly discharged in consequence of that? - A. He was.

Q. That was the case the first time? - A. I don't believe it happened more than once.

Q. The prisoner Mackly was the person who was discharged on other persons undertaking for his appearance? - A. I believe he was; but Miss Fryer had not been there at all at that time.

Q. But altho' she was not there at the first time, when she did appear at the second examination, did Mackly appear? - A. Yes, he did.

Court. Q. Were you present when Miss Fryer first saw the prisoner Mackly? - A. Yes.

Q. Did it appear to you that she knew him? - A. I believe she did; I have very little doubt but she did.

Q. She fixed upon him immediately? - A. Yes; not positively swearing, but believing him to be the person that came up to her the second time and robbed her of her cloak, after she had been robbed by Clinch.

Q. How were the prisoners situated? - A. The prisoners were all sitting in the bar with their hats on, and as soon as the Magistrates asked her the question, she directly fixed upon and swore to Clinch being the man positively; and after she had swore to them they got up from their seats, and when it came to her turn to be asked the question, she positively swore to Clinch before the Magistrates, in their hearing, close to them.

Mr. Knapp. Q. There was no property found upon the prisoners? - A. None at all, but a little money; I searched them both.

JOHN ARMSTRONG sworn. - Examined by Mr. Abbot. Q. Did you go with the last witness, Harper, when they apprehended the prisoners? - A. I did, to the Weavers' arms, Crown-street, Moorfields, on Tuesday, the 16th of May; I assisted, in company with Ray, Peach, and Harper, in apprehending Clinch.

Q. Did you search the prisoners? - A. I did not search the prisoners at all. On the 17th, I apprehended Mackly, but nothing passed.

WILLIAM BLACKITER sworn. - Examined by Mr. Knowlys. Q. What are you? - A. I am one of the officers belonging to the office, Worship-street.

Q. Were you present at any time when the prisoners were in custody? - A. On Tuesday, the 23d of May, I was sitting in a back room belonging to the office, with Clinch, the public-house was next door to the office, and he asked me to drink; I said I could not drink any thing; I said this was a bad affair to him; he said, it is a good thing I had none of the things with me, or else I would have blown some of their brains out; I said it was a very lucky thing for me that I was sent with a message to the General Post-office, or else I might have blundered in first, and I might have received the contents; and that it was a very lucky thing for the other officers that he had not the things with him, or else he would have blown their brains out.

Cross-examined by Mr. Gurney. Q. Were you present at the apprehension of Clinch? - A. I was not present at the apprehension of Clinch.

Q. You know there is a charge, not only of this murder, but there is a charge for robbing Miss Fryer? - A. I did not know it till this present day.

Q. Do you or do you not know there is? - A. I know now that there is.

Q. Had you not heard that Miss Fryer had been robbed? - A. No, not at that time.

Q. At the same time that you heard of the murder, had you not heard the gentleman's watch had been taken? - A. No, I had not.

Q. Had you heard of the transaction of the murder of Mr. Fryer? - A. Yes, I had.

Q. Do you mean to tell me, at the time you heard of that, you did not hear that Mr. Fryer and Miss Fryer were both of them robbed? - A. I have heard since, but not then.

Q. You did not hear of their being robbed? - A. No; I did not hear there had been a robbery at the time of the murder of Mr. Fryer; I had no thoughts of being a witness.

Q. Nobody was present when this conversation passed between you and the prisoner, Clinch? - A. Nobody.

Mr. Knowlys. Q. When did you first mention this? - A. I mentioned it to Mr. Armstrong.

Q. How soon did you mention it to the gentlemen concerned for the prosecution? - A. I mentioned it long before any indictment was preferred.

( JOHN FLOUD , Esq. was called, but his evidence was objected to).

Clinch's defence. I am innocent of it, I have nothing to offer, I leave it to my Counsel.

Mackly's defence. I know nothing about it.

For the Prisoners.

WILLIAM RICE sworn. - Examined by Mr. Ally.

Q. What are you? - A. I keep the public-house the deceased was brought to, the King's arms, the corner of Park-place.

Q. Do you recollect the prosecutrix being there at the time the deceased was there? - A. I believe I was the first person that she came up to when she came across the fields; the lady said, there was a gentleman killed in the fields; I alarmed my neighbours, all that I could collect together, in the neighbourhood, and went to the spot.

Q. What conversation passed, while the lady was there? - A. After she returned to my house, she told me she could not tell what kind of people they were.

Q. What answer did she give you? - A. she told me she could not tell, that they were three young men she believed, but they had something over their faces; that she could not give any description of them; that they had something over their mouths; I told the lady it was just about the time of the Bow-street patrols coming, and I could almost answer to their being upon the spot; it proved they were there before any body returned.

Cross-examined by Mr. Alley. Q. At the time the lady made use of this declaration, had she her senses or recollection about her? - A. she seemed very much agitated; I asked after that, and said, there are people about, we can dispatch them different ways, if you can give us any description of the men; she said, she certainly could not; that they had something over their faces, and had darkish coloured coats on.

Q. How long might she have been in your house? - A. As much as an hour, or an hour and a half; or an hour at least.

Q. Had she any refreshment during the time she was in your house? - A. Not that I know of.

Q. Did she continue in the same opinion? - A. she continued in the same opinion during the time she was in my house.

Mr. Knowlys. Q. The poor lady was in great distress at that time? - A. she was; she was kept from the wounded gentleman as much as possible; I believe the surgeon was in the house within five minutes after the deceased was brought in.

Court. Gentlemen of the Jury. This is an indictment against the prisoners at the bar, charging Martin Clinch with having discharged a pistol at Mr. Fryer the deceased; and that that pistol having given a wound, was the cause of his death; and it charges James Mackly with being present, aiding, abetting, and assisting the other prisoner, Martin Clinch , in this fact. In short, the indictment charges both of the prisoners at the bar with murder; and it is my duty to tell you, in point of law, that wherever it appears that one subject of the realm has deprived another of life, the law presumes it was malice aforethought, unless the contrary appears, and calls upon the person who kills the other, to shew there was some reason or justification for his so doing. You observe here are two persons charged, one for killing, and the other for aiding and abetting him in so killing-the law is, that if two persons or more go out on an unlawful purpose, to commit a felony, and one or the other of them kills a person, in such a way as to make it murder in him that kills, it is not only murder in him that kills, but also in all that are present, aiding, abetting, and assisting him; and it would not signify in this case, in reality, if it was to turn out in evidence before you, that Mackly was the person who committed the murder, and that Clinch was aiding and abetting; if they were there both together for an unlawful purpose, and in the prosecution so that unlawful purpose they committed the murder, they will both be equally guilty. But, however, Gentlemen, that is not a matter of distinction necessary for you to attend to here, because, if by and by, you should give such credit to the evidence, and undoubtedly, if you believe the witnesses, it clearly appears that Clinch is the man who committed the fact, and the other is the man who is stated to have been present at the time. The first question I would draw your attention to is this, whether or not, a murder has been committed? and when you have satisfied your minds that a murder has been committed, whether both or either of the prisoners at the bar were concerned or guilty of that murder? if it should turn out that one of them is not, then you will make a distinction in your verdict.

Gentlemen, I will just state to you, in this case, one observation, and I would wish you to carry that observation in your minds throughout; you will find that this case will very much depend upon the evidence of the lady who has been examined. It generally happens, that the person robbed, is at the time of the robbery, exceedingly agitated, and, unless they are acquainted with the party robbing before-hand, it is sometimes extremely difficult afterwards to swear to the person; we all know, that an act of this sort is attended with great terrors, particularly if the person happens to be a female; one does not at all wonder at it, and for that reason, where there is only one person in company, who can speak to the fact, surely we must hear the evidence with great attention, and great distrust, not as to the honesty and fairness of the witness, but as to that sort of uncertainty in which the humane mind is frequently under in cases of fear, which may not make such an impression on the mind; for which reason I always look for, and I am very happy when I find some corroborating circumstances to shew, that the person robbed is not mistaken, as to the person of the party robbing, and if part of the property can be traced, or if any other person swears to the persons of the prisoners, or if any body can be found, that can swear that the persons charged with the robbery, were at or about the spot at the time, all these circumstances of corroboration very much deserve, nay, indeed, require the attention of a Jury.

Gentlemen, having said so much, I will read to you the evidence; I will now say, that the evidence, as to the identity of the prisoners, is from Miss Fryer, who was present, and then there are some witnesses called to you, and it is for you to judge how far they will corroborate her evidence; you heard her, and I am very happy to observe, that you heard her attentively; I will not make a comment on her evidence, I will simply read it, and it will be for you to judge, whether a better and more distinct account could be given by a female, under the circumstance in which she was, and under which she has now been examined.

Here the learned Judge summed up the evidence, when the Jury, having retired about half an hour, returned with a verdict.

Clinch, GUILTY Death . (Aged 22.)

Mackly, GUILTY Death. (Aged 22.)

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

Reference Number: t17970531-2

361. MARY JONES was indicted for feloniously stealing, on the 18th of May , a base-metal sleeve button, value 2d. eleven shillings, four sixpences, a dollar, and six copper halfpence , the property of Nicholas Keller .

NICHOLAS KELLER (the prosecutor) being a foreigner, an interpreter was sworn. - I was going through Wentworth-Street, Spitalfields , on Sunday evening, between ten and eleven o'clock, and met the prisoner at the bar, she asked me where I was going to.

Q. Were you in liquor? - A. Not much; she said I should sleep with her all night for two shillings; I went up in the room with her, and she desired me to undress myself, and I did, and put my breeches under the pillow,and I sat down upon the bed, and she came and tumbled over me, and blowed the candle out, and took the breeches away, and was going off with them; she told me she would fetch some water she was so dry; I missed my breeches and went after her, and caught her on the stair-case, I held her fast, and brought her into the room again; I felt in my pocket, and the money was gone, and then she began to cry for the watch, and so did I, and the watchman came, and I gave charge of her; I had my money in my pocket when I was in the room, and she knew it too, for she felt my breeches before I undressed myself; there were eleven shillings, a dollar, four sixpences and three-pence, and a pair of sleeve buttons.

Prisoner. Q. Did not you give me the dollar? - A. No; I was to give two shillings to sleep all night with her.

ERNEST UMBACH sworn. - I keep a public-house, the Catherine-wheel, in Catherine-wheel-alley, Whitechapel; the prosecutor is a lodger of mine now, he lodged in Aldersgate-street then; he had but one pint of beer at my house, about ten o'clock that night, but I thought he was in liquor; I saw nothing of him again, till next morning he came from Spitalfields watch-house.

THOMAS RITCHIES sworn. - I am a patrol; I heard the alarm, there was a watchman, before me, that had the prisoner in charge, he is not here; we took her to the watch-house, and Mr. Boucher searched her, he took some money from her; he desired me to search her, which I did; I put my hand down her bosom, and this button dropped; I found a shilling in her hand; I then went to the house where she lived, and there I found the fellow of it; the landlord of the house gave it to me.(The buttons were deposed to by the prosecutor.)

WILLIAM BOUCHER sworn. - I searched the prisoner in the watch-house, and I observed her put her hand to her right side, she drew it up again doubled in this manner, and said, search me, I have got nothing at all about me; I said, you have got something in your hand, and I insisted upon seeing what it was, I wrenched her hand open and round this dollar, these sixpences, and six halfpence.

Prisoner's defence. Last Sunday night, about half

past ten, that man attacked me, he said, if I would take him home with me, he would give me a dollar; he went home with me, and pulled me about on the bed, in a very ridiculous manner, and though I am an unfortunate girl, I never saw a man have such actions in my life; he tore my clothes all to pieces, and my money fell out of my pocket, and I had it in my hand, I might have taken the button up in fun.

NOT GUILTY .

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

Reference Number: t17970531-3

362. JOHN HARRIMAN was indicted for forging; on the 16th of February , a certain order for the payment of 10l. which is as follows;

No. 398. Manchester, No. 398.

Messrs. Pybus, Call, Grant, and Company, Bankers, London.

Pay, on demand, Edward Wilkinson , Esq. or bearer, on demand, the sum of ten pounds, value received. Charles Foster , and Company.

Manchester, 8th day of February, 1797.

Entered, G. Gregory. with intent to defraud Joseph Welch .

Second Count. For uttering and publishing the same as true, knowing it to be forged.

There being no evidence to negative the existence of the house of Foster and Company at Manchester, the prisoner was ACQUITTED .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970531-4

363. JOHN HARRIMAN was again indicted for forging, on the 11th of March , a certain order for the payment of five guineas , which is as follows: No. 391. Yarmouth, No. 391.

Messrs. Pybus, Call, Grant, and Company, Bankers, London.

Pay, on demand, George Hopwood , Esq. or bearer, the sum of five guineas, value received.

Thomas Kidd .

Yarmouth, 1st day of March, 1797.

Entered, S. Jones.

with intent to defraud Thomas Nelson .

Second Count. For uttering and publishing the same as true, knowing it to be forged.

Third and Fourth Counts. The same as the first and second, only with intent to defraud Thomas Kidd .

THOMAS HLAL sworn. - I am shopman to Thomas Nelson , in Bishopsgate-street: On Saturday, the 11th of March last, the prisoner at the bar came to the shop between eight and nine o'clock in the evening, and wanted some linen, for shirting, at about two shillings a yard, several pieces were shewn him; he fixed upon one at two shillings and two-pence, and purchased it, twenty-five yards in length; he then asked to look at some silk handkerchiefs, which I shewed him, and sold him two at six shillings; he then presented this note in payment,(produces it); it has been in our custody ever since, except while it went to Yarmouth; it was taken down to Yarmouth by a person who is here; and the person who took it to the Banker's is also here; I wrote upon it Thomas Hall , there was no other name wrote upon it but George Hopwood , that was upon it when I received it; I took particular notice that it had been very much torn at the corners.

Q. What is the name of the person who went down to Yarmouth? - A. David Jones; I gave it to him on Friday last, and he returned it to me this morning.

Q. What is the man's name to whom it was delivered to carry to the banker's? - A. Walker.

Q. Did he return it to you? - A. No; one of the clerks returned it to me.

Q. When was it delivered to be carried to the banker's? - A. On the 14th.

Q. Did you know it to be the same when it came back from Yarmouth? - A. Yes; by its being a good deal torn, and I took particular notice of the names and number.

Q. Did you recollect where it was dated from, and the sum? - A. Yes.

Q. Having observed all these circumstances, do you think, upon the whole, you can safely swear that this is the same note that you received from the prisoner? - A. Yes.

Q. Did you give him any change? - A. Yes; I did not suspect that it was a bad note.

Q. How long might he be with you? - A. About twenty minutes, not more.

Q. Have you any doubt about his person? - A. Not the least; as soon as the prisoner had got out, I felt a something, I cannot tell what, that led me to follow the prisoner at the bar; I immediately took my hat, and followed him through Norton falgate, up the Curtain-road, and I saw him go down a small passage; he knocked at the door, or rung the bell, I do not know which; as soon as the door was shut, I took particular notice of the house; my master carried the note to Messrs. Harcourt and Co. bankers, and it was brought back on the 15th, on the Wednesday; my master is here, his name is Thomas Nelson ; then it was presented to Messrs. Pybus and Co. and returned; we found the prisoner at work in his garden at that house; I knew him as soon as ever I saw him; we took him immediately into custody, and brought him to Worship-street.

Cross examined by Mr. Alley. Q. Does not Mr.

Nelson carry on on the business of Nelson, Stock, and Cooper? - A. No.

Q. Did not they put him into the house? - A. No; there is another Nelson in the same street, it may be him perhaps.

Q. This was on Saturday the 11th? - A. Yes.

Q. Was there any body else in the shop at the time? - A. Two ladies came in, and were served at the same time.

Q. You had no sort of suspicion at the time? - A. No.

Q. Consequently you took no particular notice of it, but that it was a country Bank note? - A. I took particular notice that it was torn, and I took particular notice of the writing; all the names I took very particular notice of.

Q. Had you never seen any of that hand-writing before? - A. No; I do not know that I ever did.

Q. Yet you undertake, at this distance of time, and after the bill has seen such a distance as Yarmouth, you undertake to swear it is the same? - A. Yes.

Q. After this bill was returned, do you mean to swear to the hand-writing? - A. I mean to swear it is the same bill.

Q. Though you had never seen the hand-writing but once, you undertake to swear positively to it? - A. I mean to swear that that is the same bill.

Q. Did not you say you knew the number? - A. I took notice of the number too.

Q. You did not enter the number in a book? - A. No.

Q. Then the number you do not recollect, but you undertake to swear to the writing? - A. I had taken the pains to follow the gentleman home, and I took very particular notice of it.

Q. Your name was not upon it till after it came from the banker's? - A. No.

Q. Then why did you take such particular notice of the writing? - A. No farther than I had looked at it, and I knew the writing again.

Q. To howmany places of the name of Yarmouth did you send? - A. Only one, in the county of Norfolk.

Q. You did not send to Yarmouth, in the county of Hants? - A. No.

THOMAS NELSON sworn. - On Saturday evening the 11th of March, when I came home, the circumstance of a note having been taken, goods sold, and change given, was made known to me, and the note presented to me by Thomas Hall; I had a strong suspicion that it was forged, I took particular notice of the note, and kept it until Tuesday, when I delivered it to Messrs. Harcourt and Co. bankers, Lombard-street; it was brought back to me by one of their clerks, and put into my hand; I can swear positively to its being the same note; I shewed it to the Magistrates in Worship-street, and gave it to Thomas Hall again; I did not mark it till Friday last.

Q. How came you to mark it then? - A. Because it was going to Yarmouth.

Q. They were your goods? - A. Yes; the goods are in Court now, I can swear to the goods, they have my private mark upon them, they were found at Harriman's house.

Cross-examined by Mr. Alley. Q. You have undertaken to tell us, that the cloth was found there, when you were not there to know any thing about it; now, I take it for granted, that you had no suspicion of this note when you sent it to your bankers? - A. I had a very strong suspicion on the Saturday night.

Q. And yet you sent it to your banker's as a good bill? - A. I sent it in as I took it.

Q. Do you mean to say you told the bankers you had any suspicion of it? - A. No.

Q. It was natural enough, if a man had a suspicion, that he should tell that suspicion? - A. No, it does not follow.

Q. Do you undertake to swear to that handwriting? - A. Yes; and that is the identical bill I received from my servant.

Q. It must have been mixed with a good many other bills, after you had sent it to your bankers? - A. Yes; but the bankers enter every bill separately in their books, it was only twenty-four hours out of my hands, and I will swear positively, that it is the identical bill given to me by my servant, on Saturday night.

Q. There was some linen found at this man's house? - A. Yes.

Q. In what shape did that appear? - A. Cut up, with a private mark upon it.

Q. I take it for granted, you sell all your pieces with your private mark? - A. Yes.

Q. Do you mean to swear that that piece of linen, which you did not sell yourself, but was sold by your shopman, was found at the prisoner's house? - A. No; but I mean to swear that that was my piece of linen.

RICHARD WALKER sworn - I am clerk to Messrs. Harcourt and Company, Lombard-street; on Wednesday the 15th of March, I received the bill in question with others to present.

Q. Look at that note, is that the same? - A. It is; I presented it to Messes. Pybus and Company, in Bond-street, they did not pay it, and I brought it back, and delivered it to the clerk at the counter.

Cross-examined by Mr. Alley. You, going out for the purpose of receiving cash for notes, are not the person receiving the notes from your customers? - A. No.

Q. You received it from a clerk in the shop? - A. Yes.

Q. And delivered it back to the clerk in the shop? - A. Yes.

Court. Q. From whom did you receive it? - A. From one of the clerks, with other bills that I had to present for payment.

Mr. Alley. Do you mean to say you received that with other bills that came from Nelson's, or with other bills from the clerk of the banking-house? - A. I did not receive it from Mr. Nelson.

Q. Had you any other notes of Mr. Nelson's with that when you received it? - A. It is impossible for me to say.

SAMUEL BROOKE sworn. - I am clerk to Messrs. Pybus: We have no correspondence with Thomas Kidd ; we have not one correspondent at Yarmouth.

Cross-examined by Mr. Alley. Q. Do you speak from your general knowledge, or from having refreshed your memory from the books? - A. No; from a general knowledge; I lived between twelve and thirteen years there.

DAVID JONES sworn. - I am a chymist and druggist in Norton-falgate.

Q. Are you acquainted with Yarmouth? - A. Not till last Monday; I was going that way upon business, and to oblige my friend, Mr. Nelson, I went as far as Yarmouth. I went to Mr. Urie's, a ship-owner and merchant; and I went about to enquire if there was any such man as this Kidd; I went to the banking-house of Donolly and Turner, and that of Lacone and Fisher; and I was directed to Mr. Warmingron, who is master of the Foreign Packet-office, and then I went to the Post-office, and a Mr. Smith, who is a kind of attendant to the Mayor, who has lived in the town near thirty years; but none of them could tell me of such a person as Thomas Kidd .

Cross-examined by Mr. Alley. Q. When was it you went to Yarmouth? - A. On Monday last.

Q. This is Wednesday? - A. Yes.

Q. How long did you stay there? - A. From twelve o'clock on Monday till Tuesday afternoon.

Q. Yarmouth is a very large town, is not it? - A. Not very large.

Q. Did you make any enquiry the first day? - A. Yes.

Q. You enquired at the banking shop and the Post-master's? - A. Yes.

Q. Did you enquire at any of the Tax-gatherers? - A. No, I did not.

Q. Did you enquire at any private merchant's about the town? - A. Yes, I did; some shopkeepers.

Q. Not a great many, I believe? - A. Several.

Q. Did you enquire at the General Post-office? - A. No.

Q. How long a town is Yarmouth? - A. It consists of three long streets.

Q. And you know there are many of us who do not know the people who live next door to us - you did not enquire at Yarmouth in the Isle of Wight? - A. No.

Q. You know there is such a place in the Isle of Wight? - A. Yes.

Q. And you made no enquiry there? - A. No.

JOHN ARMSTRONG sworn. - I am an officer: I went with Mr. Hall, to Norfolk-place, Curtain-road, on Wednesday, the 15th of March, the prisoner was at work in the garden, and I took him to the officer; I found this linen cut up, either for shirts or shifts; and I found a handkerchief upon him, and another upon a woman that I believe is his wife

Q. (To Nelson). - Look at these things? - A. This cloth was my property, it has my private mark upon it, and the person's name.

Mr. Alley. Q. All you know is, that that was once in your shop; you do not know to whom it was sold? - A. No.

Q. (To Hall). Can you form any idea of that cloth; do you believe it to be the same or not? - A. I only know it by the mark.

The prisoner left his defence to his Counsel.

GUILTY Death . (Aged 27.)

(Of uttering the note, knowing it to be forged).

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970531-5

364. ROBERT JOHNSON was indicted for feloniously receiving, on the 5th of April , eighty-four pounds of soap, value 58s. the property of James Clark .

The principal being acquitted at the last Session, the Jury found the prisoner

NOT GUILTY .

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

Reference Number: t17970531-6

365. MARY BRIANT was indicted for feloniously stealing, on the 30th of April , a cloth coar, value 2s. a pair of cloth breeches, value 12d. and a man's hat, value 6d. the property of Thomas Daly .

THOMAS DALY sworn. - I am a watchman : I lost the things mentioned in the indictment, on Sunday, the 30th of April, I had them on between one and two o'clock in the afternoon, and between three and four the same day, I found them upon the prisoner, about four or five hundred yards from where I live; she was coming out of a cloaths shop, she had the hat on her head, and the coat and breeches in her apron; I gave her to the constable

with the property; I never saw her before; I believe she was in liquor.

Prisoner. He gave me the things to hold.

Daly. No, I did not.

EDWARD SMITH sworn. - I am a constable:(produces the property) the prosecutor delivered the prisoner to me, and charged her with taking the things as he lay asleep on the bed.

The prosecutor deposed to the property.

GUILTY (Aged 20).

Transported for seven years .

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

Reference Number: t17970531-7

366. JOSEPH CARR was indicted for feloniously stealing, on the 23d of May , five iron hoops, value 2s. the property of Truman Hertford and John Vickery Taylor .

JOHN BAYLISS sworn. - I am clerk to Messrs Hertford and Taylor, brewer s; the prisoner was formerly servant to them; these hoops were lost out of the yard; the coopers occasionally put them upon the butts as they were wanted, and sometimes hung them up upon a nail; we have missed a considerable quantity of hoops for a twelvemonth past; we employed five or six cobbling coopers, and when the trimming coopers missed them, we thought the cobbling coopers had had them, but we found they had not; and the prisoner being out of employ, suspicion fell upon him, and we detected him on the 23d of May; I saw him come out of his yard on to our premises, and take the hoops away into his own yard; he came over some pales, about seven feet high; I saw him throw the property off his shoulder; there were six hoops, but I picked up but five; I had concealed myself behind a piece of timber; I took him, and delivered him into the hands of the officer; there were marks put upon them before, in order to detect the thief.

DALBY WILLIAMS sworn. - I was concealed with the last witness behind some timber; I saw the prisoner come from his own premises, and take the hoops, as the last witness has described; I went up to him, and when he got to the sence, he shoved them upon my head, and then I shoved them upon his head, and they fell, some on one side the fence and some on the other.( Henry Warren , the constable, produced the hoops, which were deposed to by Bayliss.)

Prisoner's defence. I had an old water tub that wanted some hoops, and I took them to put on it.

GUILTY (Aged 54.)

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

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

Reference Number: t17970531-8

367. JAMES EDWARDS and MARY KING were indicted for feloniously stealing, on the 12th of May , a pair of men's leather shoes, value 4s. and two pair of women's leather shoes, value 8s. the property of Mary Baraclough , widow .

(The case was opened by Mr. Knapp.)

JOHN GRIFFITHS sworn. - Examined by Mr. Knapp. I am the constable and beadle of Hackney : On Friday the 12th of May, about seven o'clock in the evening, I saw both the prisoners at the Ship public-house, Church-street, Hackney; in consequence of a suspicion, I followed them to the house of Mrs. Baraclough, where they went in.

Q. Did you observe if they had any bundle in their hand? - A. They had none at the ship; they were in at Mrs. Baraclough's ten minutes or a quarter of an hour; I did not observe whether they had any bundle when they came out, I was not so near to them then; I followed them to the Cat and Shoulder of Mutton, in London fields; they were in there some time, and when they came out I apprehended them; I and Frost took them back into the Shoulder of Mutton again.

Q. Did you tell them what you apprehended them for? - A. Yes, I did.

Q. Tell us, as nearly as you can, what you said? - A. I told them I suspected them of passing bad dollars.

Q. Did you tell them any thing about the charge of stealing shoes? - A. Mary King had a bundle under her arm; I found three pair of women's leather shoes, and one pair of men's, in the bundle, and I sent my brother to Mrs. Baraclough's, he is not here; Mary King said, her first husband was a shoe-maker, and that she carried them about the country for the purpose of selling them.

Q. Did the man say any thing about them? - A. No, I do not know that he made any remark; I took them to the Public-office, in Worship-street, they were examined three times; the next morning, after the first examination I went to Mrs. Baraclough's, she did not know that she had missed any; I desired her to examine her shoes, and come to the Magistrate at twelve.

Q. That is all you know? - A. Yes.

Cross-examined by Mr. Knowlys. Q. You asked Mrs. King what was in the bundle? - A. Yes.

Q. She told you they were shoes? - A. Yes.

Q. They were examined three times before they were committed? - A. Yes.

THOMAS FROST sworn. - I assisted Griffiths in apprehending the prisoners at the door of the Cat and Shoulder of Mutton; we took them into the house, and there was a bundle laid in one corner of the room, but I did not know what it contained.

Q. Were you present when it was opened? - A. No.

MARY BARACLOUGH sworn. - I am a widow, I live in Mare-street, Hackney; I keep a shoemaker's shop.

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

Q. Do you remember seeing them in your shop on the 12th of May? - A. Yes.

Q. What day of the week? - A. Friday; they came soon after seven in the evening to buy shoes for women.

Q. Did you show them some shoes? - A. Yes.

Q. How many, think you, did you show them? - A. A dozen or two; they were laid out upon the cutting board, under the window.

Q. Were there any men's shoes upon the cutting board? - A. No; the men's shoes stood at the corner of the window.

Q. Did they buy any shoes? - A. No; they made an apology for giving me so much trouble, and buying none.

Q. You did not at that time miss any property? - A. No; the next morning, Mr. Griffiths came, and, by the direction of the Magistrate, I took my stock, but before that, I looked round the shop, and was very sure I missed some of my shoes; on the Monday I took my stock, and missed three pair; I can tell the place from which every pair was taken; there were one pair of men's, and two pair of women's missing; the shoes were produced at the Justice's, and I know them to be my property.(The shoes were produced in Court, and deposed to by the Prosecutrix, and Thomas Bishop who had sold her one pair of them.)

Mary King left her defence to her Counsel.

Edwards's defence. I was going through Hackney, I asked Mary King to take a walk with me, and she went into this shop to buy some shoes, and she fitted on several pair, but none of them would do.

Mary King called three witnesses, and Edwards four, who gave them an excellent character.

Both NOT GUILTY .

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

Reference Number: t17970531-9

368. SARAH CHURCH and SAMUEL BRIGHT were indicted, the first, for feloniously stealing, on the 10th of May , a silver table-spoon, value 10s. the property of Alexander Miller , and the other for receiving the same, knowing it to have been stolen .

ALEXANDER MILLER sworn. - I keep the Coach and Horses, Dean's-yard , Westminster: The prisoner was my servant ; on Wednesday evening, the 10th of May, a little after seven, she had leave from her mistress to get her head drest, she had had some blows upon her head, the spoon was in a cupboard below stairs; we missed the spoon very soon after, and she did not return the next morning; she was found in Oxford-street, and brought to our house by my wife, she is not here, and I took her to Bow-street; she owned having the spoon, and that another woman went with her to sell it; that was in her way to the Magistrate's.

Q. Did you tell her it would be better for her to confess it? - A. I did not; and she informed me of this other person, the accomplice, and that she had advised her to rob me of any thing she could get of value, and to come away from her place, for that she had got her an easier one; I then went with the prisoner to this other woman, and took her, and brought her to Bow-street, and there they both charged each other with stealing the spoon; they both admitted that it had been stolen.

Q. What is the value of this spoon? - A. Ten shillings.(The other woman was bound over, but, upon being called, did not appear).

Prisoner's defence. I never took the spoon, nor do not know any thing at all about selling it.

Both NOT GUILTY .

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

Reference Number: t17970531-10

369. THOMAS AMERY was indicted for feloniously stealing, on the 29th of April , a silver pint mug, value 3l. the property of Richard James , in his dwelling-house .

The Prosecutor having died, and there being no person present who could prove the property, the Jury found the prisoner NOT GUILTY .

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

Reference Number: t17970531-11

370. ELIZABETH RANDALL was indicted for feloniously stealing, on the 16th of May , a black calimanco petticoat, value 8s. the property of Charles Jones .

WILLIAM CURLING sworn. - I am servant to Mr. Charles Jones , a pawnbroker : On Tuesday, the 16th of May, the prisoner came in to pledge a silk handkerchief, I served her, and after she had been gone out about two minutes I missed this petticoat; I followed her, and about one hundred yards from our shop, I found her with the property in her possession, she had it underneath her apron; I brought her back into the shop, I sent for an officer and gave charge of her; she dropped it in our shop, and the officer took possession of it; I saw it lying close to her feet.

WILLIAM NAPPER sworn. - I am an officer belonging to St Luke's parish: I was sent for to take charge of the prisoner, and found the petticoat

upon the counter in the shop, (produces it); I have had it ever since.

Curling. This is my master's property, I had hung it at the door a very few minutes before it was taken down; here is a knot that I tied in the string when I hung it up.

Prisoner's defence. I went to pawn a handkerchief to buy my children some bread, I have three children, and my husband is serving the King; I do not know any thing of the petticoat; I never had the least stain upon my character.

The prisoner called five witnesses who had known her from three to fourteen years, and gave her a good character.

NOT GUILTY .

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

Reference Number: t17970531-12

371. JOHN BOULTON was indicted for feloniously stealing, on the 19th of May , a gold ring, value 10s. a silver tobacco-stopper, value 12d. three card counter dishes, value 6d. a yard of muslin, value 6d. a calico waistcoat, value 6d. and three guineas and a half, the property of Sarah Simes , widow ; a pair of silver shoe-buckles, value 10s. a pair of silver knee-buckles, value 2s. a silver tobacco-pipe-tip, value 2d. and a piece of foreign silver coin, value 2s. the property of Mary Stevens , widow , in the dwelling-house of Sarah Simes .(The witnesses were examined apart at the request of the prisoner.)

SARAH SIMES sworn. - I live in Parson's-street, St. George's, Middlesex : On the 19th of May last, I lost the things stated in the indictment; Mary Stevens is a lodger of mine; I have never recovered any thing but the tobacco-stopper, and pipe-tip, at a Mr. Carpenter's, in Whitechapel; the prisoner had carried it down to get it engraved; he was a painter , and was painting the house at the time.

Mr. Knapp. Q. Your house is not in St. Paul's Shadwell? - A. No.

Mr. Knapp. The indictment says it is, and therefore your Lordship sees that that gets rid of the capital part of the charge.

MARY STEVENS sworn. - I lodge at Mrs. Simes's: I lost the things named in the indictment, I know nothing of the taking of them.

ANN GREENALL sworn. - I know the buckles and the pipe-tip to be my Aunt's, Mrs. Stevens.

GEORGE WINDSOR sworn. - I am a pawnbroker: The prisoner pledged a pair of knee-buckles last Monday fortnight, for two shillings. (Produces them).

Cross-examined by Mr. Knapp. Q. These were pledged the 15th of May, were they not? - A. Yes.

Q. A great number of persons use your shop in the course of a day? - A. Yes.

Q. Do you mean to speak to every person that comes into your shop in the course of a day? Yes; if I deal with them.

Q. And do you mean to say you should be able to recollect their persons, every one of them? - A. Yes.

Court. Q. Are you sure that the prisoner at the bar is the person that you took these buckles in from? - A. Yes; he had been a customer of ours for near a twelvemonth before.

Mr. Knapp. Q. A great many other persons have dealt at your shop as long? - A. Yes; and a great deal longer.

Q. You knew his person from the frequent applications he had made? - A. Yes.

Q. And are you confident he pledged these buckles with you on the 15th of May? - A. Yes.

Jury. Q. Did you ever know any other articles claimed before that he had pledged at your house? - A. Never.

Court. (To Simes.) Q. You say the things were lost on the 19th of May? - A. I missed them on that day.

Q. Was the prisoner employed in your house before the 19th? - A. Yes.

Mr. Knapp. Q. When had you seen your things? - A. I saw the half-guinea on Sunday the 14th.(The buckles were deposed to by Mrs. Stevens).

- CARPENTER sworn. - I have, in my possession, a tobacco-stopper, and a pipe-tip, which were sent to me to be engraved, by a person of the name of Kent, a watch-maker, a Quaker, on Thursday the 18th, in the evening; he is not here.(They were produced, and deposed to by Mrs. Simes, and Mrs. Stevens).

JOHN COOK sworn. - I am an officer: On the 19th of last month, about ten in the evening, I went to Mr. Carpenter, to desire him to attend the office; I desired him not to deliver a silver pipe-tip, and a tobacco-stopper, till he attended the office; the prisoner owned them to be his property; I searched his box, on Saturday, at his lodgings in Shadwell, and there I found a piece of muslin, a calico sleeping waistcoat, and three card counter dishes, (produces them); and I found these letters, directed to a Mr. Simes. (They were deposed to by Mrs. Simes).

SARAH BURTON sworn. - I am a daughter of Mrs. Simes: The prisoner was employed to paint my mother's house.

Q. How came the suspicion of these things to fall upon the prisoner? - A. There had been no other person in the room except our own family; I did not see him take them.

Prisoner. (To Mrs. Simes.) Q. Was not there a plaisterer, and another painter, in that room? - A. Not in that room.

Q. But the plaisterer, and the painter, had the same opportunity of getting into the room as the prisoner had? - A. No, the plaisterer had not; I keep the key of the room, and the other painter was his master.

Court. Q. Were their lodgings searched? - A. No.

Prisoner's defence. The other journeyman was in the room at work, and I came into the room at the same time; he said he would paint the windows in that room himself, and desired me to go into another room; the plaisterers were at work in the house all the time, and the doors all open; there was no lock upon any of the doors that I saw.

The prisoner called two witnesses, who gave him a good character. GUILTY (Aged 21.)

Of stealing, but not in the dwelling-house .

Transported for seven years .

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

Reference Number: t17970531-13

372. WILLIAM JONES , SARAH STEEL , and JULIA HULL , were indicted, for that they, on the 25th of May , feloniously did make, coin, and counterfeit, a piece of false and counterfeit copper money, to the likeness and similitude of the copper coin of this realm, called a halfpenny .

Second Count. For feloniously making, coining. and counterfeiting, a farthing.(The case was opened by Mr. Cullen.)

JOHN GRIFFITHS sworn. - Examined by Mr. Ward. - I am an officer belonging to the police-office, in Lambeth-street: in consequence of an information, I went to a house, No. 4, Little James street, Bedford-row , on Thursday, May 25, about a quarter past eleven in the morning, in company with five more officers; we went into the front room, which appeared like an old iron shop; we went in and saw a door near the head of the stairs, we first opened the door, and went down stairs into the cellar; when we went down, we found it all in darkness, and feeling about the cellar, I put my hand upon the man at the bar, in a corner on the left-hand side of the cellar; I called out for a light, and found a handkerchief in his hands, he refused to loose it, but as soon as the light came I got it from him; he was wiping the dirt and oil off his hands, as if he had been at work; upon looking round, I saw the woman, Steel; there were six or seven candles lying upon the saw-dust, as if they had just been put out; I saw a quantity of blanks lying by a press, which was fixed (produces a large quantity of blanks); upon searching the man, I took out of his pocket these halfpence in a state of circulation (producing them); in looking round by the press, I saw a great quantity of blanks that were struck before they are put into the rouncing sack in the cellar; there were three or four cart loads of saw-dust, which is to mix in the sack with oil and different things, to colour them for circulation; there were about two cart loads, I suppose, of dirt and saw-dust that had been used, and some clean; upon examining the press, I found these two dies fixed in it, and a halfpenny between them quite warm; there are other dies in the hands of the other officers, that answer to the different sorts of halfpence that we found; I saw them compared, and they correspond exactly; there was a farthing die amongst them.

JOHN NOLAN sworn. - I am a police officer, belonging to the same office as the last witness: I went with the rest of the officers into the cellar, it was quite dark, there was no light; Griffiths called out for a light, and when the light came, he laid hold of Jones; I perceived the prisoner, Sarah Steel , come out of the necessary in the cellar; I went into the necessary immediately, and found a quantity of farthings in a paper (produces them); they are fit for circulation; I searched her pockets, and found these halfpence in her pocket.

Q. Did you observe her hands? - A. Yes; they were quite black and greasy.

Q. Did you observe Jones's hands? - A. Yes; they were greasy; I found these halfpence upon a board upon the edging tool in the cellar (produces them); they are blanks mistruck; this is the edging tool (produces it); it is for rounding the edges of blanks and thickening them; I found this jacket upon Sarah Steel , and a blue apron (produces a very dirty and greasy woollen jacket); I also found some brimstone and a rouncing sack, (produces them); the rouncing sack was made fast to one of the joists in the cellar, they put the halfpence into it with saw-dust, and shake them about in it to take off the grease; I found a great quantity of dies, some for farthings and some for halfpence (produces them, together with the fly and press).

Q. Do you know how many persons are necssary to work an engine of this kind? - A. Three, generally, one to each end of the fly, and the other at the foot of the press to feed it.

Q. What do you mean by feeding the press? - A. Putting the blanks in between the dies.

Court. Q. Could it be worked by one person, without the assistance of the other two? - A. I cannot tell; if it could, it must be by a longer line coming from one end of the press to the other; I found a considerable quantity of saw-dust, and some sieves that are used to fist the saw-dust out of the halfpence, and these cloths all over grease, I do not know what they are used for.

Cross-examined by Mr. Knowlys. Q. You did not see the woman, Steel, doing any thing? - A. No.

Q. Steel was coming out of the necessary? - A. Yes.

Q. That necessary was used for the whole house? - A. Yes.

Q. Did you find these farthings in any state of concealment? - A. No; they were lying upon the floor of the necessary.

Q. This house is kept by Mr. Hull? - A. So I understand.

Q. By the woman's husband who is at the bar, of the name of Hull? - A. I should think so.

Mr. Cullen. Q. Did you enquire after Mr. Hull? - A. No.

Q. Did you find any other man about the house than the prisoner, Jones? - A. No.

EDWARD SMITH sworn. - Examined by Mr. Ward. - I am an officer belonging to Lambeth-street: I went with the other officers to this house; we went right through the shop, and found a door, which led into a cellar, fast, we burst open the door and got into the cellar, there was no light; we called for a light, and then I saw the man and the prisoner, Steel, in the cellar; I perceived their hands were very black and greasy; she had a kind of a jacket on that was all over dirt.

Q. When you went down into the cellar, she was in the cellar? - A. Yes; the man had something wiping his hands, and Griffiths took it from him; I know no more than the other officers, except that I found this halfpenny (producing it) between the dies.

Q. Did you compare that halfpenny with the dies with which you found it? - A. Yes, I did; and it corresponded exactly with that, and a quantity of other halfpence that were found near the press.

RICHARD PERRYN sworn. - On Thursday the 25th, I went in company with the other officers, to a house in Little James-street, Bedford-row; the first person I saw was that woman with a child in her arms (Hull,) in the front room, she began to bustle about, and went to some rags in a basket; I went to the basket and turned the rags, and found some of these loose halfpence, there was nothing else in the basket but some rags; I searched her pocket, and found some more loose halfpence and farthings, and these two papers; she went into the back room and put down the child, and I thought I saw her poke something underneath the bed; I found these three papers of halfpence concealed underneath the bed, between the bed and sacking, and this piece of solder; I looked at her hands and found them very black and greasy; she was going to move about again, and I would not suffer her to move any father; I told her I would put her in a state of confinement if she did not sit still.

Q. Did you compare any of these halfpence or farthings with the dies and press? - A. No, I did not.

Cross-examined by Mr. Knowlys. - Q. Is this shop an open shop? - A. Yes.

Q. Did you meet with any obstruction in coming in? - A. None.

Q. You took as much care as you could, of course, to keep yourselves from being seen? - A. Yes.

Q. You found this woman then, you coming by suprise, with a child in her arms not in the cellar? - A. Yes.

Q. Do you know whether her husband lived in the house at the time or not? - A. No, I do not.

ROBERT COOMBE sworn. - Examined by Mr. Ward. I am an officer belonging to Lambeth-street; I went with the other witnesses to this house in James-street; after I had been in the cellar, I went up stairs, and searched the first floor, and found those halfpence upon the table, and in the table-drawer likewise, a number of blanks. (Produces them.) The dyes that these halfpence were struck from, were found in the cellar, they correspond exactly.

Jones's defence. They have described the dress of Sarah Steel , but they have not described mine.

For Mrs. Hull.

ROBERT WRIGHT sworn. - I live next door to Mrs. Hull; to the best of my knowledge, she is a married woman, there has been a man living in that house as her husband, to the very day that she was taken up from four months back.

Q. What family has she? - A. That one child only.

Cross-examined by Mr. Ward. Q. What line of life are you in? - A. A butcher; he puts his name on the door, Hull, smith and bell-hanger.

Q. Do you know any thing of her character? - A. I cannot say any more, than that she never interfered with any body, nor any body with her.

JOHN BUNCE sworn. - I keep the White lion public-house, two doors from Mrs. Hull's; I have only lived there six weeks; Mr. Hull lived there as her husband, and did some work for me, it is an open smith's shop, with his name up.

Q. Did you ever hear any doubt expressed, that they were man and wife? - A. No.

For Jones.

DAVID JONES sworn. - I am no relation to the prisoner; I keep a smith's-shop in Creed-lane; I have known the prisoner three years, he worked twice for me, as a smith.

Q. A smith is likely to dirty his hands as much as any other business, I should suppose? - A. Yes.

Jones, GUILTY (Aged 55.)

Steel, GUILTY (Aged 27.)

Imprisoned one year in Newgate , and fined 1s.

Hull, NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Baron PERRYN.

Reference Number: t17970531-14

373. MARTHA HOWELL was indicted for felonionsly stealing, on the 29th of April , two calico towels, value 1s. seven pounds weight of veal, value 3s. and seven pounds weight of pork, value 3s. the property of Edward George Lynd , Esq .

EDWARD GEORGE LYND , ESQ. sworn. - The prisoner was house-keeper in my family: On the 29th of April, I was called out of bed in the morning, and went down stairs into the house-keeper's room; I opened a box of her's, and there I saw a bundle contained in a calico towel; she was to have left my family, by agreement, on the 1st of May; I gave strict orders to my servant, James, that if he saw Mrs. Howell go out with a bundle, to stop her, and in consequence of an information he gave me, I went to a watch-house in Mary-le-bonne-lane, for a constable; accordingly, Mr. Moy accompanied me to a house in East-street; when we arrived at that house, the prisoner was then standing at the door; I told her, I suspected her of having taken things out of my house, and I begged I might go into the house and have her apartments examined; we went in, and in the passage I saw a parcel on the bottom stair, I took it up with my own hand, and carried it down into an adjoining room, I put it on a table that was there, and opened it, it contained a joint of veal and some pork, it was in a calico towel; I then desired Mrs. Sutton, the woman of the house, that the constable might go up to her apartment; he went up, and returned with another parcel in his hand; upon opening it, it contained sugar, and other things; I asked the prisoner, in consequence of that, if she had brought the meat into that house, she said, she did not know any thing at all about it, she did not bring it there; I told her the meat was mine, she must very well know, and it was of very little consequence whether it was or not, for the towels were, she then, after some hesitation, acknowledged that the pork did belong to me.

Q. Before she had said any thing of this, did you say to her that it was of no use for her to deny it? - A. I told her, I thought it would be better to confess; I can speak to both the towels, they are of a very particular manufacture, they were made in India by a friend of my own.

Cross examined by Mr. Knapp. Q. I believe the prisoner was recommended to you by General Fox? - A. By Mrs Fox.

Q. I take it for granted, when she came to you, she had a character? - A. She had.

Q. The articles stated in the indictment, consist of towels, veal, and pork? - A. Yes.

Q. It was not your intention, originally, I believe, to have prosecuted her at this place, you intended to have prosecuted her at Hicks's-Hall? - A. I had not made up my mind; in consequence of having examined her trunks, after this, I had reason to suppose, there were things of General Fox's.

Q. Had you it not, in your mind, to try her at Clerkenwell? - A. I intended to try her where I thought she would be transported, that is what I intended.

Q. What is the value of the whole? - A. About six or seven shillings.

Q. Was there any agreement with the prisoner at the bar, when she came to you, about wages? - A. Yes; I agreed with her by the year.

Q. Was there any agreement for a month's warning, or a month's wages? - A. None; it is a rule in my family not to do it.

Q. Had you told her she was to go on the first of May? - A. I had.

Q. How long notice had you given her of it? - A. Not above a week, or a week and two days.

Q. You have paid her her wages? - A. No, I have not.

Q. Then you are still indebted to her for her wages? - A. Yes.

Q. This night she was standing at the door? - A. Yes.

Q. Did she stand at the door all the time of the search? - A. No; she was present in the room all the time.

Q. Was she immediately taken into custody that night? - A. Yes.

Q. Did you desire her to come to your house again? - A. Yes.

Q. On what day? - A. I believe, on the Monday; she did not come on the Monday, she came on the Tuesday.

Q. On the Tuesday, though you had made the charge against her, she came to your house on the Tuesday? - A. Yes; I sent one of my servants for her.

Q. Was she then taken into custody? - A. Yes.

Q. What time of the day did she come? - A. in the evening.

Q. Not in the morning? - A. No.

Q. And you had taken that time to consider whether you should take her into custody or not? - A. It was in consequence of finding a great number of things in her box, with the initials of Mrs. Fox upon them, and in the hopes that he would certainly come first, and prefer a bill of indictment himself

Q. You have not paid her her wages even now? - A. No.

RICHARD MOY sworn. - I am the constable of Mary-le-bonne watch-house; Mr. Lynd came to me, on Saturday the 29th of April; I went with him and a servant of his, to the prisoner's lodgings, in East-street.

Mr. Knapp. (To Mr. Lynd.) Q. Had the prisoner been discharged from your service on the Tuesday? - A. She was to have left me on the Monday.

Q. Has she got her box and things away from you? - A. No.

Q. They remain with you now? - A. Yes; I beg leave to say, they are ready to be delivered upon a proper order.

Moy. The first thing we saw at the prisoner's lodgings, was this towel tied round some meat, in the passage; she denied knowing any thing about it; Mr. Lynd took it up himself, I said it was his, and charged her with taking it; then we asked to see her apartments, she said, and welcome; Mrs. Sutton went up with us, and brought down this towel, which Mr. Lynd said was his as well as the other; then we went with her to the butcher's, where she had ordered the meat, and she said she intended to have paid for it.

Cross-examined by Mr. Knapp. Q. Was not she first committed for stealing a towel? - A. She was committed for stealing the towel and the meat.

Q. And she said, she had had the meat at the butcher's, and meant to pay for it? - A. She said so.

Q. Mrs. Lynd had not paid her her wages? - A. No.

Q. Did she not most readily give leave to search the house? - A. No; she denied the towels.

Mr. Kirby. The commitment was only for stealing two calico towels, value ten-pence.

WILLIAM JAMES sworn. - I am servant to Mr. Lynd; I was ordered by my master to watch if Mrs. Howell took any parcel out of the house; I saw her go out with a bundle in her hand, I went and informed my master immediately; I know these to be the same.

Cross-examined by Mr. Knapp. Q. You were set to watch the prisoner? - A. Yes.

Q. Who was set to watch you? - A. Not any body that I know of.

- MARLEY sworn. - I am a butcher; on Saturday morning, the 29th of April, the prisoner came to my house, and ordered some roasting beef, and a piece of neck of veal, to be sent down to Mr. Lynd's, for Mr. Lynd; Mr. Lynd sent for me, and I came down, and saw the bundle with some veal and pork in it, in the house-keeper's room.

Q. Was it the same? - A. I cannot say.

Q. Will you swear to it? - A. I think no man could do that.

Q. Was it dressed, or undressed? - A. Undressed.

Mr. Knapp. Q. The house-keeper had usually come to your house to bespeak the meat for her master? - A. Yes.

Q. There was nothing unusual in her ordering it to be sent there? - A. No.

Q. Nor much to be wondered at, that it was in the house-keeper's room? - A. She desired it not to be put down as beef and veal, but to put it down as all beef.

Q. She did take from your house a neck of veal? - A. Yes.

Q. This neck of veal was to be sent to the housekeeper at Mr. Lynd's? - A. Yes.

Q. And when you went into the house-keeper's room, there you found it? - A. Yes.

Q. Whether that desire of the prisoner to you was previous to any charge being laid against her? - A. It was.

SARAH SUTTON sworn. - The prisoner lodged in my two pair of stairs back room, in East-street; Mr. Lynd came to search her room on the 29th; there was a bundle in the passage which was brought by Mrs. Howell.

Cross-examined by Mr. Knapp. Q. While she lodged with you she behaved exceeding well? - A. Yes.

The prisoner left her defence to her Counsel.

Mr. Knapp. Mr. Kirby has stated that the commitment was only for petty larceny, and to-morrow being the day for trying petty larcenies at Clerkenwell her friends are not here.

GUILTY of stealing to the value of 10d.

Imprisoned six months in Newgate , and fined 1s.

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

Reference Number: t17970531-15

374. WILLIAM REGAN was indicted for feloniously stealing, on the 3d of May , one looking-glass with a gilt frame, value 8s. the property of Richard Thurbon .

RICHARD THURBON sworn. - I am a broker , I live at No. 48, Saffron-hill ; the looking glass is my property, I know nothing about the taking of it.

ISAAC JONES sworn. - On the 3d of May, I came home between four and five o'clock in the evening, I live at No. 47, Saffron-hill; a neighbour facing me, Mr. Hern, looking out of a window, cried out, that a man had taken a looking-glass from Mr. Thurbon's shop, and begged me, for God's sake, to run after the man; I asked Mr. Thurbon's wife whether she missed the glass; she told me she had; I followed the prisoner, and overtook him with the glass looking at himself; I asked him where he was going; he hesitated, and put the glass down under a window, and attempted to go away; Mrs. Thurbon instantly came up, and said it was her glass; I took him by the collar, and brought him back.

MARGARET HERN sworn. - I live opposite Mr. Thurbon's: I went to shut my window, and a well-dressed young man came and took the glass down,

he then turned round as if he was speaking to the broker's wife; I thought he had bought the glass, and had left it meaning to call again; he then walked a little way, and then returned and took the glass; I saw him go away with it.

Court. Q. Look at the prisoner at the bar, was he the man? - A. It is something like him, but he was very genteelly dressed at the time; I thing the prisoner is the man.

RICHARD THURBON sworn. - This is my glass; I know it by the several pieces that were broken off the sides, which I glued on.

Prisoner's defence. A second-cousin of mine was going to Ireland, and he told me he had left a glass in the care of Collier, the bricklayer, and he desired me to take it to his sister's; I had the glass when Mr. Jones came up and laid hold of me by the collar; he told me there was somebody wanted to speak to me, accordingly I laid down the glass.

GUILTY . (Aged 24.)

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

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

Reference Number: t17970531-16

375. WILLIAM FREEMAN was indicted for feloniously stealing, on the 2d of May , one leg of pork, value 4s. the goods of William Fernside .

ANN LAWRENCE sworn. - I live with Mr. Fernside, in Marshal-street, No. 35 , he is a limner ; the leg of pork was in the safe on the 1st of May, the safe was in the area: On Tuesday morning, about four o'clock, the prisoner was taken with the pork on him, by Henry West ; I did not see him take it, the watchman saw him take it.

DANIEL M'CLOUD sworn. - I am watchman in the street where Mr. Fernside lives: On the 2d of May, at four o'clock, I saw two boys go by my box, it was just before the clock struck four, I saw one of them get over into Mr. Fernside's area; I desired West to go after him; I saw the prisoner at the bar turn down a street, I followed him and took him, and the moment I laid hold of him he threw the leg of pork down; it was not above twenty yards from the house.

HENRY WEST sworn. - I am a watchman: About four o'clock upon the 2d of May, I saw the prisoner, and another young man with him, in Mason-street, close by Mr. Fernside's; I saw two cross the street, and I missed one of them; I saw either the prisoner or his partner get out of the area, but I cannot say which; one was on the outside, the other in the area; they both stooped down and put the pork into a handkerchief; they met the watchman coming and they turned back, and run up the road; I stopped the prisoner, and he dropped the leg of pork out of his handkerchief; he hit me a back-handed stroke upon my cheek when I took hold of his collar; I asked him where he got the pork from; he said he found it in a passage.

Ann Lawrence. I saw the leg of pork on the Tuesday morning, the watchman brought it to me; it was the same leg of pork that was in the area.

Prisoners defence. This gentleman said he saw me or the other get over the area, I never was near the place; the man who said I got over the area stopped me, and I said I found it at the corner of an Alley. GUILTY (Aged 16.)

Confined one year in the House of Correction , and fined 1s.

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

Reference Number: t17970531-17

376. WILLIAM BERGEN and JOSEPH CHAFE were indicted for breaking and entering the dwelling-house of William Higginbotham , about the hour of two in the night of the 23d of April , and burglariously stealing twenty pair of silk and cotton stockings, value 5l. thirty pair of cotton stockings, value 4l. 10s. five pair of silk and worsted stockings, value 20s. and three silk and cotton purses, value 1s. 6d. the property of the said William Higginbotham .

WILLIAM HIGGINBOTHAM sworn. - I keep a hosier's shop , No. 103, Ratcliffe-highway : I was alarmed, on Monday morning the 24th of April, by the watchman, that my house was broke open about three o'clock; I threw up my sash, and the watchman said, here is a bad misfortune, one of your shutters is down; I asked him if the window was broke, he said it was. I had myself bolted the door, and the shutters were fastened by a bar; we all went to bed about half past nine o'clock, when I was alarmed by the watchman; I opened the street door, and found the shutter was gone, a pane of glass broke, and the stockings that laid in the window gone; I got a light to see what mischief was done; I missed about twenty pair of silk and cotton stocking, five pair of silk and worsted, five pair of cotton and worsted, and about thirty pair all cotton; and two or three purses made of silk and cotton.

Q. What were the value of those articles? - A. They cost me about sixteen pounds, they are worth about thirteen pounds; I never had any part of them back again; I saw one of the prisoners the same morning go by my door, in company with another man in custody; in consequence of the information I had given, I attended the Justice.

Q. Was any of your property found in their possession? - A. Not to my knowledge; there is one that was concerned in the robbery, turned evidence; I had never seen any of them before.

THOMAS DEW sworn. - On the 23d of April, Sunday evening, I saw these three persons hanging about all the evening; I saw them a little way from this house at two o'clock in the morning, and about three o'clock on the Monday morning, the 24th of April, I heard a rattling, as if a shutter fell; when I saw them they had nothing at all, it was a very dark morning; I saw the shutter gone, and the window broke, my walk and stand is just by the prosecutor's house; there was a whole pane of glass broke, and only one shutter down; I called Mr. Higginbotham up, he came down in his shirt, with only his breeches on; he got a light, and went into the shop, and said the shop was robbed; the shutter was taken about fifty yards from the shop; I took particular notice of them, they had aprons on like gardeners, I am certain they are the same persons I saw at two o'clock in the morning; they were all three together.

Q. What is the accomplice's name? - A. Thomas Booth , he is the same man I saw in company with the prisoners.

ALICE NEGUS sworn. - I had been to a christening on the Sunday: I was coming by the house on the Monday morning, the 24th of April, and I saw the prisoners in the act of trying to slide the shutters; I am sure they are the same persons, one was taking the bar from the shutters, the other receiving it, and the third sliding the shutter. I gave an account of them at the Justice's, at Shadwell; it was upon my information they were taken into custody; I knew nothing of them before: one of them had a dark brown coat with a black collar on; the other man had the same coat on that he has now; and the accomplice had a green coat on and red waistcoat.

JOHN COOK sworn. - I am a constable belonging to the Public-office, Shadwell: On the 24th of April, I apprehended Burgen and Booth, on suspicion of being concerned in robbing Mr. Higginbotham's house; I did not apprehend Chase, another officer apprehended him, in consequence of an information given by the prosecutor, and the last witness; they were carried before the Magistrate, and committed for further examination.

THOMAS BOOTH sworn. - I was an accomplice with the prisoners: On the 23d of April, Sunday night, Chase and myself went along Ratcliffe-highway, to look for a place convenient to break open against it got later; we went to the further end of Shadwell, and we could not see a place convenient there; on our return back, in Ratcliffe-highway, we observed the shutter of the prosecutor's shop rather loose, this was about ten o'clock at night; Chase and myself agreed to come about one o'clock to break it open, and then we went home to Chase's house; William Bergen came in a little before twelve, and a little after twelve we all went out together; it was near one o'clock when we came to the prosecutor's house, but we could not conveniently move the shutter till near two, when we got the shutter down from the window, and at three o'clock we took the shutter quite away; Bergen broke a pane of glass, and took out a great quantity of silk and cotton stockings, and two purses; we neither of us got into the shop, we took the stockings from the window; we delivered the stockings to Chase, Bergen left Chase and me, and went up to the house of Levy; I and Chase told Bergen we would leave the stockings in an old house; we sold the stockings to Levy, and he agreed to give us six pounds one shilling; he gave Chase one shilling, and after I was taken to prison he brought me one shilling, and afterwards a dollar; we had not the whole money, for the same morning as we were going for the money the officers took us; I cannot say whether Bergen had any of the money.

JOHN REILY sworn. - I am a constable belonging to the Police-office, Shadwell: On the 26th of April, I apprehended the prisoner, Chase, in company with two of my brother officers.

ROBERT BLUNT sworn. - I assisted in apprehending Chase.

Bergen's defence. On Sunday night, when I came home, I went to bed about half past eleven o'clock, there was Chase, and his brother and sister there; I laid till nine o'clock the next morning, when I met Booth.

Chase's defence. I know nothing of the matter; Booth is a notorious thief.

ELIZABETH COLE sworn. - I have known William Bergen these eight or nine years, I never knew any harm of him till this; I am a laundress, I have trusted him to carry home my linen, I never missed any thing; he has been in my house almost every day of his life.

JOSEPH WHITEHOUSE sworn. - I have known the prisoner, Chase, five or six years; he got his livelihood by lamp-lighting, he worked for me about a twelvemonth ago, and he used to come through my premises at different times, I never knew that I lost any thing by him.

Bergen, GUILTY Death . (Aged 21.)

Chase, GUILTY Death. (Aged 32.)

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

Reference Number: t17970531-18

377. RICHARD COTES was indicted for feloniously stealing, on the 3d of May , one linen shirt, value 3s. one pair of men's shoes, value 4s.

and a pair of base metal plated shoe buckles, value 2s. the property of Joseph Davis .

JOSEPH DAVIS sworn. - I lodge at the King's Arms, George-street, Bethnal-green : I went to work on the morning of the 13th of April, and returned again about six o'clock, I missed my shoes and buckles, and the things in the indictment; I went down stairs, and informed the landlady; she told me she knew nothing about them; I asked her what time the prisoner left the house; he lodged in the same room, and I left him in bed when I went out in the morning. On the 29th of April, he returned, and the man, who lodged with me, gave charge of him to an officer till I came home; I then went to the place where he was, and he asked me if he should send to his serjeant; he wrote a letter to him; we took him before a Magistrate, and he was committed to prison; I found nothing upon him but the duplicates, in the sleeve of his coat.

JOHN SELWAY sworn. - I am serjeant to the regiment to which the prisoner belongs: I received a letter from him on the 29th of April, requesting I would send him two guineas, or otherwise for me to come to the King's arms, George-street, to settle the affair; after I had interrogated him some time, he gave me four duplicates.

JOHN CUTHERALL sworn. - I am an apprentice to Mr. Fryer, pawnbroker, No. 5, Little Pulteney-street: On the 13th of April, I received a pair of shoes of the prisoner (produces them); he brought them to pawn, I lent him 2s. 3d. upon them; he said they were his own; I took in of him a pair of stockings likewise.

Prisoner. Q. What time was it? - A. It was on the Thursday before Good-Friday, about eight o'clock in the evening.

Joseph Davis . These are my shoes, I know them by a particular mark on them.

RICHARD BARNES sworn. - I went out to work on the morning of the 13th of April, and left the prisoner in the room in bed; Davis's things were in the room when I left it.

Prisoner's defence. I went to the King's arms in George-street, on the 10th of April, and remained there till the 13th, and then I came down to St. James's; and as I was coming down the Hay-market, I picked up a piece of paper with five duplicates in it; I took those shoes out of pawn and put them in again.

GUILTY (Aged 22.)

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

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

Reference Number: t17970531-19

378. WILLIAM FRASER was indicted for feloniously stealing, on the 24th of May , one pair of thickset breeches, value 10s. the goods of William Page .

WILLIAM PAGE sworn. - I lost, on the 24th of May, a pair of breeches, in the evening about dusk, they were exposed at the door for sale; a man that was in the shop, said a person had taken a pair of breeches from the door, I pursued him and took him, he had thrown the breeches away, I did not see him in possession of them; there is a woman here who saw him take the breeches down; I brought him back, and put him into the hands of an officer belonging to Hatton-garden.

ANN EVANS sworn. - I saw a man take a pair of breeches down from the door, I was in Mr. Page's shop buying something; I am sure it is the man that was brought back; I did not observe him throw any thing from him.

GEORGE LANGLEY sworn. - I know nothing at all of the prisoner, he was delivered into my custody; those breeches were brought to me with the prisoner; they have been in my custody ever since.

William Page. These are my breeches, I know them by the shop mark.

Q. (To Mrs. Evans.) Are you sure the prisoner at the bar is the person that was brought back? - A. Yes; but I cannot exactly say he took the breeches away.

NOT GUILTY .

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

Reference Number: t17970531-20

379. JOHN RYAN was indicted for feloniously stealing, on the 16th of May , a cotton shirt, value 1s. a calico shirt, value 6d. a linen handkerchief, value 1d. a silk handkerchief, value 2d. a pair of cotton stockings, value 3d. two calico bed-gowns, value 10d. and two linen night caps, value 10d. the property of Richard Thomas .

RICHARD THOMAS sworn. - I live in Spice-island, St. George's ; I am a watchman in Shadwell: I lost the things mentioned in the indictment, on the 16th of May; I was come from my watch, and I went to bed about half an hour after six o'clock in the morning; my wife heard a noise, and called out to me to come and assist her to take a thief; I took him in the yard, he had the things upon him (produces them); he had them in this bag, the bag was in his hand; this is my shirt, handkerchief, and stockings.

Mrs. THOMAS sworn. - I heard a noise like a piece of wood falling down, between seven and eight o'clock, on the 10th of May, I saw this man, the prisoner, standing against the window, I saw him take every thing out; the window was broke, my husband broke it by accident; and out of the hole I saw him take the things one by one and put them into his bag, he then turned himself round in

order to go out, and I asked him what he was going to do with them; he answered, no good; I asked him again, and he told me he was going to pawn them. This shirt and shift is mine, this silk handkerchief is mine, I have the fellow of it at home; there are two bed gowns and a pair of stockings.

Prisoner's defence. She saw nothing in my hand.

GUILTY (Aged 75.)

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

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

Reference Number: t17970531-21

380. WILLIAM MACKENSY was indicted for that he, on the 15th of February , did falsely make, forge, and counterfeit, a certain order for the payment of money, with the name Charles Seymour thereto subscribed, purporting to be the order of the said Charles Seymour , to Edward Wilkinson , or bearer, for the sum of £10. dated Manchester, 7th day of January, 1797, and drawn upon Messrs. Pybus, Call, Hale and Grant, banker s, in London, with intent to defraud Mary Wetherall , widow .

Second Count. For uttering and publishing the same as true, knowing it to be forged.

Third and fourth Count. The same as the first and second, only charging an intent to defraud Messrs. Pybus and Co.

JEMIMA AVERY sworn. - I live with Mrs. Wetherall, who keeps a shop , No. 274, Wapping : On the 15th of February last, about four o'clock, the prisoner came to our house; he came in and asked me if I sold shirts, I told him, yes; he desired to look at some; I shewed him some, and when I had shewed him some shirts, he asked for some stockings, which I shewed him; he asked me the price of the shirts, and I said there were four shirts at 11s. a piece, and two at 12s. each; he asked me the price of the stockings; there were two pair at 3s. 6d. two pair at 2s. 6d. and two pair at 3s. a pair, in all 4l. 7s. when I had packed up the things, he gave me a note for 10l. which I have. (Produces it).

Q. Are you sure that is the same note? - A. Yes.

Q. Have you kept it ever since? - A. No; but I am sure it is the same note; I put no particular mark upon it, I know the number was 398, it was greasy, and I took notice of the two indorsements, E. Wilkinson and Thomas Green.

Q. Did he give you that note in payment for the shirts and stockings? - A. Yes; I told him I had not change to give him; he told me he was a captain of a ship, that his name was Hawse; he wrote it down, he said he lived at No. 25, Burr-street, Wapping, and desired me to send the change of the note in an hour's time, and if I did not, he would come for it, he never came for it; I gave it to the maid first to get change for it, she did not get it changed, and at eight o'clock in the evening, Mrs. Wetherall came home, and I presented her the note and the address that he gave me and she went there.

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

Q. When did you see the prisoner again? - A. The next day.

Q. Are you sure it was the same man? - A. Yes; a watch-maker, in Burr-street; Mr. Luck came, and I went there, and saw him; I asked him why he took me in for these things, and he said, he had given me a note for them; I asked him why he did not come for his change, and why did he give me a false address; he said, he trusted to my honour in sending the change, he was not at all uneasy about it; and he pulled another note out of his pocket, and said, here is another note for the one I gave you, is that a forged note? a gentleman behind him desired to look at it, and he said, he did not chuse to trust his property in another man's hands, and he immediately folded it up, and I did not see it afterwards.

Cross-examined by Mr. Alley. Q. This conversation was the next day? - A. Yes.

Q. Had he any company with him the first time? - A. No.

Q. Were there any other customers in your shop? - A. No.

Q. You did not send the money as you had promised? - A. No; I could not get change.

Q. And this man came the next day so near your own neighbour? - A. Yes.

MARY WEATHERALL sworn. - On the 15th of February, about eight o'clock in the evening, I came home with a Mr. Goddard, who is in Court, when Jemima Avery told me she had sold some shirts, and gave me a note wrapped in a paper, I gave it to Mr. Goddard to present for payment, I never had it in my possession; Mr. Goddard was to carry it to Messrs. Pybus's to get it changed.

Q. It was a note upon Mr. Pybus's house? - A. Yes.

Q. Did you see the prisoner at any time afterwards? - A. Yes, the next day; I was sent for to Mr. Luck's, the watch-maker, I went with the servant who took the note, I asked him how he came to obtain goods from my servant upon a false note; he said, madam, if you do not like the note, give it me, and I will pay you for your shirts; I told him, I had not the note, that it was at Mr. Pybus's; there was an officer sent for, and he was apprehended.

Q. Did he tell you where he got the note? - A. I do not recollect whether he did or not, to the

best of my recollection he said he had taken it at Portsmouth; he called himself captain Wilson, I think.

Cross-examined by Mr. Alley. Q. As to the note, you know nothing in the world about it? - A. It is in the girl's hand.

Mr. Alley (To Avery.) Q. Were these indorsements upon it, when you took it? - A. Yes.

Q. You took no more notice of this, than you would of any other note? - A. It was with me so long that I knew it again.

Q. Do you mean to undertake to swear merely from the circumstance of these indorsements, and the note being greasy, that this is the note you received of the prisoner? - A. Yes.

Q. Now, be so good as point out where the grease is? - A. I do not see it now, it has been in several hands, it may have got out, I know it from the number and the name.

Q. Do you mean to swear upon your oath, that if any body had come to you, you could have told what the number was? - A. I could.

Q. Had you got the number of it off by heart then, when you received it? - A. Yes.

Q. You put it in your pocket, I suppose? - A. Yes.

Q. Do you mean positively to swear that you can recollect the number? - A. No; it is the note, No. 398.

Q. You did not put it down in any book? - A. No.

Q. How long has it been out of your possession? - A. From the next day after I took it.

Q. And yet you will positively swear that that is the note? - A. Yes. (It is read).

No. 398. £10. Manchester, No. 398.

Messrs. Pybus, Call, Grant, and Co. Bankers, London. Pay on demand to Edward Wilkinson , Esq. or bearer, the sum of ten-pounds, value received. Manchester the 7th day of June, 1797.

Charles Seymour .

Q. When his Lordship asked you, whether the note in your hand was the note you received from the prisoner, did not you turn about to that lady, and say, you did not know it was the note, or something to that effect? - A. No, I did not.

EDWARD GODDARD sworn. - I was with Mrs. Weatherall on the 15th of February, she called upon my mother, and I came home in the evening, and found her there about seven o'clock; she wished to go home, I had some business that way, and accompanied her; we went into the parlour, and Jemima Avery told her, she had sold some goods, and immediately unfolded a paper with the note in it, and a direction to captain Hawse, No.25, Burr-street; it was a Manchester Bank-note for 10l. this is the note, and there were, at that time, some saint appearances of grease, they are now much fainter, but I rather think, I can see them now; I looked at it, when I opened the paper and saw the drawer's name, Charles Seymour ; I know Manchester pretty well.

Q. Did you happen to know of any such person as Charles Seymour , at Manchester? - A. Never; the moment I saw the drawer's name, I immediately said, I believed there was no such person as Charles Seymour lived there, at least of respectability enough to draw a note of that description, neither did I recollect the name of Edward Wilkinson, to whom the note was payable in that neighbourhood; I was much afraid Mrs. Weatherall was swindled, I made use of that expression, that I thought the note was a bad one; I then offered to accompany her to Burr-street, where captain Hawse said he lodged; I went with her, and enquired of the lady of the house, she said, they had no lodgers of any description, and she did not know any such person; we came back again to Mrs. Weatherall's house, and I told her I was going to the west end of the town the next morning, and if she chose, I would present it for payment; I took the note with me, and presented it at Mr. Pybus's house, about half past nine o'clock; the clerk I gave it to, looked at it a little while, and said it was a bad one.

Q. Was it or not paid? - A. It was not; payment was refused; I left the note with Mr. Brookes, one of Pybus's clerks, who is in Court.

Cross-examined by Mr. Alley. Q. I believe, all you have been saying about supposing it was a bad note, was in the absence of the prisoner? - A. Yes.

Q. How long is it since you have been at Manchester? - A A year and a half.

Q. Do you live in the town of Manchester, or do you reside in the country part? - A. I live about five miles out of Manchester, but I was backwards and forwards every day.

Q. You suppose it requires a vast degree of respectability to draw a note of 10l.? - A. Yes, on demand.

Q. Will you undertake to swear, that man's life being at stake, that there is no such person living at Manchester? - A. No, I will not.

Q. Which of the Manchesters was it that you lived at? - A. Manchester, in Lancashire.

Q. There is another in Warwickshire, is not there? - A. I cannot say; there is a place called Godmanchester.

Court. Q. Do you know whether, when a note is drawn at Godmanchester, it is called Godmanchester, or Manchester? - A. I never saw a note from there.

Mr. Alley. Q. Have you carried on business in Manchester lately? - A. No.

[Text unreadable in original.]say, that you are adequate at all to form an opinion, whether there is such a person there or not? - A. Certainly not, I was only stating what I had said to Mrs. Weatherall.

SAMUEL BROOKE sworn. - I am clerk in the house of Pybus and Co. I only come to prove there is no correspondence between our house, and a house of the name of Seymour.

- CHILCOTT sworn. - Q. Did you receive this note from Mrs. Avery, in February? - A. Yes; there were some spots of grease upon it, but I do not see them now so plain; the grease was a deal plainer when I had it; I believe it is the same note, to the best of my knowledge; I did not take notice of the name, nor any thing, only of the grease.

Cross-examined by Mr. Alley. Q. You do not mean to swear to that note at all? - A. If the grease had been plainer, I should have been more certain.

Q. Do not you know, that when grease gets upon any thing, it increases, and does not walk off? - A. Yes; but I cannot perceive the grease now.

EDWARD RIGBY sworn. - I reside with my father in Manchester.

Q. What age are you? - A. Thirty.

Q. Have you lived all your life in Manchester? - A. Yes; I am a manufacturer.

Q. Are you acquainted with the persons at Manchester, who are in the habit of drawing bills, and upon whom bills are drawn? - A. Not with the whole, with many I am.

Q. Do you know Manchester well? - A. I have lived there all my life.

Q. Do you know any person of the name of Charles Seymour , at Manchester? - A. None.

Q. Did you ever know any person of that name? - A. Never.

Q. Do you know any person of the name of Edward Wilkinson ? - A. Not in Manchester; there is a person of the name of Wilkinson, about six miles from Manchester, a gardener, I believe his name to be Edward, but I cannot assert it.

Cross-examined by Mr. Alley. Q. How long have you been in town? - A. A fortnight.

Q. You did not come on purpose? - A. No; I received a subpoena this morning.

Q. There is a person of the name of Wilkinson a little distance from Manchester? - A. Yes.

Q. And it is no uncommon thing for persons reding a little out of Manchester, to come there to their business? - A. No.

Q. There are a great number of persons in Manchester that you know nothing about? - A. Certainly.

The prisoner left his defence to his Counsel.

For the Prisoner.

GEORGE WEDDULL sworn. - Examined by Mr. Alley. The prisoner is a relation of mine, I have known him all my life, I never knew any harm of him; he always kept his places a long while.

Court. Q. What places? - A. In the capacity of a footman .

Court. Q. Where did he live as footman? - A. One place was Mr. Crouch's in Lime-street-square, and the last, Mr. John Barron 's, in Broad-street; he lived there years to my knowledge.

Q. How lately do you know him to have been a footman? - A. It is three years since I have seen him till within these few days.

Court. Q. What is his name? - A. William Mackenzie ; that is the name I have known him by all my life.

GUILTY Death . (Aged 39.)

Of uttering, knowing it to be forged.

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

Reference Number: t17970531-22

381. WILLIAM BURKE and SARAH BURKE were indicted for feloniously stealing, on the 28th of April , a pair of calico sheets, value 30s. a pair of linen sheets, value 30s. three other linen sheets, value 30s. a calico sheet, value 10s. two linen pillow cases, value 2s. five damask table cloths, value 4l. 4s. a diaper table cloth, value 1d. 14s. thirteen damask napkins, value 1l. 4s. five calico napkins, value 3s. five other calico napkins, value 3s. three draper breakfast cloths, value 5s. a draper towel, value 6d. twenty-three calico shifts, value 3l. 3s. five linen shifts, value 1l. 1s. two satin gowns, value 2l. 2s. two silk gowns, value 2l. 2s. two calico bed-gowns, value 4s. seven satin petticoats, value 4l. two silk petticoats, value 1l. 1s. four Marseilles petticoats, value 1l. 1s. three dimity petticoats, value 10s. two flannel petticoats, value 5s. two linen aprons, value 5s. one muslin apron, value 2s. three muslin shawls, value 10s. 6d. two silk handkerchiefs, value 2s. two calico handkerchiefs, value 2s. three linen handkerchiefs, value 2s. 6d. nine linen pocket handkerchiefs, value 9s. a silk cloak, value 10s. a calico bed cover, value 21s. two silver table spoons, value 2ls. and three silver tea spoons, value 5s. the property of George Watson Hand , clerk , in his dwelling-house .(The case was opened by Mr. Knowlys.)

GEORGE WATSON HAND sworn. - Examined by Knowlys. Q. Do you know the two prisoners at the bar? - A. Yes; they were both in my service: I live in the vicarage-house of St. Giles, Cripplegate ; the man came to me first in the capacity of footman , the woman was in the capacity of cook ; they married during the time they were in my service,

they left me on the 28th of April; I did no miss the property till they were apprehended, on the 5th of May.

Q. Where was this property deposited? - A. In every part of the house; the principal part of it was in two different garrets, locked up in boxes; the man slept in the garret next to that where the boxes of wearing-apparel were, and the woman in the garret next adjoining to where the linen was.

Q. Had they access to that garret? - A. The garret where the linen was, was constantly locked, and the key in my possession, but that was not locked where the wearing apparel was.

Q. Were all the articles in the indictment missing after you received the information? - A. Yes.

GEORGE PURSE sworn. - Examined by Mr. Knowlys. - I am a pawnbroker, servant to Mr. Salkeld, in the Strand; the prisoner, Sarah Burke , came to me on the morning of the 5th of May, about half past ten o'clock; the produced me two pair of sheets, she wanted to pledge them for four guineas, one was calico and the other linen; I asked her whose they were, and she said, she did not know exactly; I asked her who sent her with them, and she said, a woman, which woman was a servant of the owner; I went with her to where the lived, No. 6, in Castle-court, in the Strand, and she went about half way up stairs so far as she could see the door of the one-pair of stairs room, and she said they were not there; I asked her who was not there, she made no answer, but came down stairs directly; I followed her, and she went into the shop of the woman who keeps the house, it is a chandler's shop, and enquired of her whether Mr. Burke had been there that morning, and the woman told her, he was there just now; I asked her who Mr. Burke was; says I, is he your husband, she said, he was; I asked her if the sheets belonged to him, she said, they did not, but they belonged to an acquaintance of his; I asked her then where she thought he could be, and she supposed he was at the Horse-shoe public-house, in the Strand; the prisoner and I went there, but he had not been there that morning; and in returning to her lodgings again, she pointed out her husband to me at the farther end of the court, that was the other prisoner; we walked up to him, and he was very angry with his wife for staying so long; I told him I was the cause of her staying out so long; I asked him who the sheets belonged to; he asked me, what business was that of mine; I told him it certainly was, and before he had the sheets again, I must know that he came honestly by them; I asked him where he got them, he said, of a Mr. Donovan, a Jew broker in the city; I asked him how long he had had them, and he said, five years, and that he gave twelve guineas for them; I told him I did not believe he came honestly by them, and he must go with me to Bow-street; he said, he would not go any where with me, and threatened to punish me if I stopped his property; I told him I would certainly stop him and the property too; I told him to go home with me where I had left the sheets; he said he would not go any where at all with me; I told him he certainly should go with me, and if he did not go quietly, I would alarm the neighbourhood; and after these threats, he went with me quietly, and he was committed, (the sheets produced); these are the same sheets that the woman brought to me; I afterwards went to their lodgings again; I returned with the officer from Bow-street, far the woman; I found her locked in the room up one-pair of stairs, that she took me up to before; and I left her there in custody of the officer.

Q. Were you present when a search was made by the officer? - A. Yes, by Rivett.

Q. Was Fugion there too? - A. He came afterwards; we found a box of linen, which is in the officer's custody.

EDWARD FUGION sworn. - Examined by Mr. Knowlys. I am one of the officers of Bow-street; on the 5th of May I went to the prisoners lodgings; I found a great quantity of linen of all sorts almost, silk gowns, and petticoats; there was one box totally full, not unpacked.

Q. You have brought here all that you found? - A. Yes. (Produces them).

Q. Does Rivet know any more than you? - A. No.

Cross-examined by Mr. Gurney. Q. You found some things in the box, and some out of the box? - A. Yes.

Q. What do you mean by packed? - A. In a box, corded.

MARTHA DICKINSON sworn. - Examined by Mr. Knowlys. I am the wife of Mr. Barrett Dickinson ; I packed up a great quantity of linen for Mr. Hand's daughter; they were left to her by her grandmother.

Q. (To Mr. Hand.) What age is your daughter? - A. Thirteen, in December last.

Mrs. Dickinson. The things that I saw at Bow-street, were the things that I packed up in the box.

Q. See if these are the same things; is that the same box in which they were packed up? - A. No, it is not; I do not know any thing of the sheets.

Mr. Hand. The sheets are my property, they are not my daughter's; I know them to be mine, they have my mother's initials upon them.

Cross-examined by Mr. Gurney. Q. These persons have lived in your service a considerable time? - A. Yes.

Q. Consequently any opportunity they had of robbing you must have occurred frequently? - A. Every day, I should suppose.

Q. You cannot say that they took eight or ten articles at one time? - A. No, I cannot.

Q. They had an opportunity of taking them one at a time, if they pleased? - A. Yes, they had.

Mr. Knowlys. Q. Are they fairly stated to be of the value of thirty shillings each pair? - A. I consider them to be worth a great deal more.

William Burke left his defence to his Counsel.

Sarah Burke was not put upon her defence.

Court. (To Mr. Hand.) Q. When had you seen these things? - A. I saw the linen in January.

William Burke GUILTY.

Of stealing to the value of 39s .

Transported for seven years .

Sarah Burke NOT GUILTY .

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

Reference Number: t17970531-23

382. HENRY SMITH and THOMAS WHITE were indicted for feloniously stealing, on the 30th of April , two gallons of rum, value 30s. the property of Elizabeth Butler , widow , and Thomas Butler .

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

THOMAS BUTLER sworn. - I am a wine-merchant , in partnership with my mother, Elizabeth Butler , widow; we have a bonded vaults in Plough-court, Seething-lane : bonded vaults are for rum that has not paid duty, and is under the King's lock: In consequence of some information from Mr. Green, the Excise-officer, I went to Mr. Botheroyd, the person that we rent the vaults of; over the vault is a stable that Mr. Stansfield rents of Mr. Botheroyd.

Q. Do you know the prisoners at the bar? - A. I do: White was servant to Mr. Stansfield; Smith was servant to Messrs. Hodgson and Hayter, in Seething-lane; I got some other information from Mr. Mead, and he and I, and Mr. Botheroyd, all three went and examined the vaults; over the stairs is a bulk head-way to go down into the vaults, there we perceived a water-tub that stands over the bulk head, under that were some boards, loose, that had been nailed down formerly, and we put our hands under them.

Q. How many boards were there loose? - A. I cannot say; I dare say there were three or four of them.

Q. Did you take the boards up? - A. No, we left them as we found them; I went to Mrs. Haydon's and begged her to let us set up and watch in her cellar, which is directly opposite the stable, and nothing could go in without our seeing it; we did go there, myself, Mr. Mead, the Excise-surveyor, and my brother; we went about eleven at night, and about half past seven the next morning, we saw the prisoner, White, come to his mistres's stable; he unlocked the door and went in, we supposed to clean his horses, and Smith went in to him about eight o'clock, or rather before; I saw White empty the water-tub at the stable-door, and put on one side; the prisoner Smith then went out and got a light and brought in with him, and then White took the key out of the stable-door, and put the stable-door to, and shut themselves both in; I then waited a few minutes, and went out to Mr. Botheroyd, and he and I went and got a couple of constables, and I left Mr. Botheroyd and the two constables at the bottom of the court; I then went up to Mrs. Haydon's cellar and informed Mr. Mead, and then we came out, and just as we got out, the prisoner, White, opened the stable-door.

Q. How long might it be from the time you saw them shut the door to that time? - A. About twenty minutes; he looked about, I suppose, to see if the coast was clear, and then he pulled the door to.

Q. Then after he had satisfied himself, he went away again? - A. I fancy he saw somebody, and pulled the door to again pretty sharp; I then called to Mr. Botheroyd, and the two constables, to come up to the stable-door; they did come up, Mr. Botheroyd went to open the stable-door and there was a little resistance made.

Q. From the inside, I take it for granted? - A. Yes; they then ran round as if they meant to come out at the other door of the stable; upon which Mr. Botheroyd told them if they offered to stir he would blow their brains out, he had a pistol; I was at the stable-door at the time, and saw the two prisoners in there; Mr. Crane, the constable, caught hold of one, and Mr. Jewson caught hold of the other, and made them prisoners; the prisoner, Smith, said, God bless you, forgive us, and we will pay for the rum.

Q. At that time White was close by them? - A. Yes; but I did not hear any thing he said, except, upon being challenged, he denied it at first.

Mr. Gurney. Q. This was not said till you had said something to them? - A. We had challenged them with it.

Q. And you told them, one of you, that it was better to confess it? - A. Not that I know of.

Court. Q. Did you make them any promise? - A. No.

Court. Q. Did you threaten them? - A. No.

Mr. Gurney. Q. Did not you threaten them a good deal? - A. No; they were a great deal frightened at being detected; we challenged them that they had something, they at first denied it; and then

Smith said to White, you had better give it them; White said, you know where it is best; Smith then reached over to the furthest stall in the stable, and pulled out a stone bottle full of rum from amongst some trusses of straw; I then begged Mr. Mead, the Excise-surveyor, to take off the lock of the vault, that we might go down and see what they had been at.

Q. Did you go down when the lock was taken off? - A. I did.

Q. Did you observe any thing particular in the bulk-head that you have described? - A. The boards were laid on but the water-tub was not; and at the farther part of the vault, on the left-hand, there was a hogshead of rum which had been bored in the head with an implement, a kind of augur, or spike-bit, which we found in a sack in the stable, the sack was all wet at one corner with rum; we have the augur and the spike-bit here, they had put a kind of a fauset into it that was not big enough, and it was leaking very fast; and on that hogshead there were several drop of blood quite fresh, and on the ground likewise; I then called Mr. Botheroyd from up stairs, and the constables, they came and looked at it; Mr. Botheroyd then went up into the stable, I staid there five minutes to make it as sight as I could; I went up in a few minutes, into the stable, and there were the two prisoners, and the constables, and Mr. Botheroyd, and several other people; I saw Smith's little finger had been torn or cut, was very bloody, and was then bleeding; they were then taken away and secured; we went back again and found the sack, and the two implements in it.

Q. Such as you suspected had been used to bore the hogshead? - A. Yes; we found nothing in the sack but a gimblet and a spike-bit.

Cross-examined by Mr. Gurney. Q. Who is in partnership with you? - A. My mother, Elizabeth Butler .

Q. Any body else? - A. No.

- BOTHEROYD sworn. - Examined by Mr. Const. I am the proprietor of the vaults, I know both the prisoners, Smith in particular I have known eight years, as carman to Messrs. Hodgson and Hayter, they are packers; and the other was servant to Mr. Stansfield. I went down into the vault with Mr. Butler, and looked over it, and saw the blood upon the hogshead; I went up and saw his hands bloody, and I said, my lads, you have not done this business clean, you should have been more careful.

DANIEL JEWSON sworn. - Examined by Mr. Knapp. I apprehended the prisoners; I found these two implements, and the sack in the Cellar.

Smith's defence. I am quite innocent of the affair.

White left his defence to his Counsel.

The prisoners each called four witnesses, who gave them a good character.

Smith GUILTY (Aged 40.)

White GUILTY (Aged 22.)

Transported for seven years .

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

Reference Number: t17970531-24

383. RICHARD IVORY was indicted for that he, on the 8th of April , did falsely make, forge, and counterfeit a certain bill of Exchange, with the name of Henry Weeks thereunto subscribed, bearing date, Worcester Old Bank, 13th of March, 1797, purporting to he drawn by H. Weeks, on behalf of Joseph Berwick , William Wall , and Elias Isaac , of the City of Worcester, Bankers, and partners, and to be directed to Messrs Robarts, Curtis, Weare, Horneyold, Berwick, and Co. for the payment of 70l. 11s. to the order of Mr. R. S. Stevenson, value received, with intention to defraud the said Messrs. Robarts, Curtis, Weare, Horneyold, Berwick, and Co.

Second Court. For uttering and publishing the same, as true, knowing it to be forged.

And several other Counts, charging the same offence but varying the manner of charging it.

The case was opened by Mr. Knowlys, but it appearing in evidence that the hill had been lost or missed, the prisoner was

ACQUITTED .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970531-25

384. SAMUEL SAMS was indicted for feloniously stealing, on the 24th day of May , a black leather case, value 1s. and a bill of Exchange, value 46l. 11s. the property of Charles Prosser .

CHARLES PROSSER sworn. - I am clerk to Messrs. Bowles and Company, Friday-street; the leather case was taken out of my pocket on Wednesday the 24th of May, between one and two o'clock in the afternoon; I was walking with William Marshall , we were going to Somerset-house, and between Norfolk-street and Somerset-house , I felt a twitch at my coat, upon which I let go of my friend's arm, and clapped my hand to my right-hand pocket, and I found the case was gone; I exclaimed I have lost my case; I immediately turned round and saw the prisoner with the case in his hand; he was behind me when I turned round, he immediately dropped it, I laid hold of him by the collar, and called to my friend and said, this is the man; Mr. Marshall laid hold of him, while I picked up the case; some of the papers sell out in consequence of the fall on the ground, I went to Somerset Coffee-house, and put the papers in again; there was a bill of exchange

for 46l. 11s. unsatisfied at the time, but it was accepted, it was payable on the 25th of July, I have kept it ever since, except when it went out of my hand for Mr. Johnson to make out the indictment, but I put a mark upon it.

WILLIAM MARSHALL sworn. - I met the prosecutor, Charles Prosser , near, Temple-bar, and I joined him, and walked arm and arm with him; and just opposite Newcastle-street, he exclaimed, I have lost my case; we turned round immediately, and challenged the prisoner with having taken it out of his pocket; he said, this is the man, I saw the case in his hand; I instantly turned round and saw the case lying at the prisoner's feet; I took him to Bow-street.

Court. Q. Who picked up the case? - A. Charles Prosser .

Prisoner's defence. I was going along the Strand, and this gentleman turned round and caught hold of me; be collared me, and said, I had got something from him, and he took up that great large pocket-book from the pavement.

GUILTY (Aged 34.)

Transported for seven years .

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

Reference Number: t17970531-26

385. EDWARD JARMIN was indicted for feloniously stealing, on the 1st of May , four dollars, value 10s. the property of Lewis Teissier .

(The case was opened by Mr. Knowlys).

JOHN JAMES LEJEUNE sworn. - I am clerk to Messrs. Teissier and Co. I know the prisoner at the bar, he lived in Mr. Teissier's service, as an under footman; I missed some money out of my desk, it was Mr. Teissier's property; in consequence of which I marked some dollars, and left twenty-one of them so marked in my desk; on Monday the 1st of May, I left the office a quarter before four, and about twenty minutes before I left the office, I saw that the money was safe, I locked my desk before I went; Mr. Teissier has a master-key that opens the desk; which is left in the office in his desk, in case I should be absent, that any body might get his key, in order to get money; any of the clerks could get to it, for Mr. Teissier's desk is opened in the morning, and the key left in the desk.

Q. Did you leave any body in the office when you went out to dinner? - A. I believe their was, but I don't recollect who it was; I returned to my office a quarter before seven, I opened the desk, and I immediately counted the dollars, and there were out of the twenty-one dollars, only sixteen remaining five were gone; I immediately informed Mr. Teissier; he sent for a constable, John Cox ; there was an enquiry made after the prisoner, but he was not at home; he returned between seven and eight o'clock; and was ordered into the parlour, where the constable was; Mr. Teissier then ordered the constable to search him, and the constable found some shillings and halfpence, and four dollars, I saw them taken from him.

Q. When those dollars were produced, did he say any thing? - A. He said he had not taken them.

Cross-examined by Mr. Knapp. Q. What are you? - A. I am Mr. Teissier's clerk.

Q. How many clerks does he employ? - A. Six clerks.

Q. If they are wanted to get at any of those desks belonging to Mr. Teissier's the clerks know where to get the key? - A. Yes, they did.

Q. In fact, Mr. Teissier key, after a certain time in the morning, was open to every body in the accompting-house? - A. Yes.

Q. The prisoner was a footman ? - A. He was a footman to open the door; he had nothing to do with the accompting-house.

Q. Have those dollars the impression of his Majesty upon them? - A. Yes; they have all that impression.

Q. Did you leave any body in the office when you went to dinner? - A. I think I left somebody in the office, but I don't know who it was.

Q. When you returned, was the prisoner, at home? - A. He was not.

Q. Did you search his box? - A. No; the constable did.

Q. Any man might have taken dollars out of this desk if they had been so disposed? - A. No doubt of it.

Q. The prisoner denied the charge, and said he did not take any? - A. He did.

Mr. Knowlys. Q. Were any dollars taken away, when you went to dinner? - A. No; there were twenty-one.

Mr. Knapp. Q. How long had the prisoner lived in the family? - A. Two or three years.

WILLIAM BAGGOTT sworn. - I am clerk to Mr. Teissier: Between five and six I returned from dinner; the prisoner let me in, there was nobody in the accompting house when I returned.

JOHN COX sworn. - I am a constable: I was sent for on Monday the 1st of May, to Mr. Teissier's; I saw the prisoner at the bar, Mr. Teissier gave me charge of him, and desired me to search him; I searched him, and found these four dollars in his breeches pocket (produces them); they have never been undone since.

Mr. knapp. (To Lejune). Q. You say you marked them? - A. Yes, I did; I put the letter V. upon them, near the impression of the nose of

the King of Spain. Those are the dollars that I marked.

The prisoner left his defence to his Counsel.

WILLIAM WESTON sworn. - I am a farmer; I live at Athron, in Surrey; I have known the prisoner at the bar fifteen years, I never heard any thing but honesty of him.

BENJAMIN WESTON sworn. - I am brother to the last witness; I have known the prisoner the same time, I never heard any thing amiss of him.

GUILTY.

Transported for seven years .

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

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970531-27

386. EDWARD HIND was indicted for feloniously stealing, on the 10th of May , fourteen ounces weight of black tea, value 2s. the goods of the United Company of Merchants of England trading to the East-Indies .

Second Count. Laying it to be the property of persons unknown.(The case was opened by Mr. Knapp.)

JAMES POWELL sworn. - I am employed in the East-India Warehouse, as commodore; they are situated in Jewry-street : I found some chests of tea plundered on the 9th of May; I found these two bags of tea concealed (producing them) in the further part of the warehouses, a dark part; the prisoner at the bar had been assisting in that place, but not at that particular time. On the 10th, in the morning, I went to see whether the bags were gone; I placed myself behind the chests, and about half after two o'clock in the day time, I saw a man come and take a bag of tea away from the place; I cannot say whether it was the prisoner or another man; I gave information to the assistant elder; the man was taken down to the accompting-house, it was not the prisoner, he was searched, and nothing found upon him. The prisoner came into the accompting house, while we were searching the other man, to hang up the keys of that department where the bags were that I am speaking of; the assistant elder searched the prisoner, and I saw him take two small bags of tea out of his breeches; I did not observe him to say anything then. Mr. Brookers has got the tea.

Cross-examined by Mr. Alley. Q. What are you? - A. I am a commodore, to take care of the Company's business.

Q. I understand you have a guinea for every prosecution? - A. I expect nothing.

Q. Upon your oath, don't you expect a guinea from the East-India Company, for every man you convict? - A. I never heard of it, I can say nothing to it, I never received any thing of the kind.

Q. You did not see the prisoner take the tea? - A. I saw one of the two men, but I don't know which it was.

Q. The prisoner came to hang up the keys? - A. Yes.

Q. Do you mean to swear he would have been brought into the Costom-House, if he had not come? - A. The information was given against both of them.

Q. Might not the man have gone out of the gate, instead of coming into the accompting house? - A. He might have attempted, but he would have been stopped.

JOHN BROOKES sworn. - I am an assistant elder belonging to the warehouses; my particular line of duty is to see justice done to the Company; I look over all the men in general; I searched the prisoner myself in the accompting-house, I found two bags of tea upon him, in his breeches, he said nothing at the time; we went afterwards to Mr. Saunderson's accompting-house, and Mr. Saunderson had asked him some questions, he said, "I am a"mined man, I have nothing to say, I am a ruined"man."

Cross-examined by Mr. Alley. Q. You were searching another man? - A. I was searching another man at the time the prisoner came into the accompting-house, I desired him to stop, I laid hold of him.

Q. Is that tea the same sort of tea that is in the chests in the warehouse? - A. Yes.

Q. Do you mean to swear that that tea was in the warehouse? - A. It is not possible for me to swear to this tea, I can swear I took it from the prisoner out of his breeches.

- SAUNDERSON sworn. - I am a principal elder to those warehouses, belonging to the East-India Company; those warehouses are in the City of London.

Cross-examined by Mr. Alley. Q. Do you mean to swear, that this tea in question was ever in that part of the warehouses, which are in the City of London? - A. It was on the premises in the warehouses in Jewry-street.

Q. Court. Q. How are the warehouses situated? - A. A part of them in the City, and a part of them in the country of Middlesex.

Q. Do you know the warehouses from whence the bags of tea were taken? - A. I believe they are in the parish of St. Katharine's, in the Ward of Aldgate.

Q. Is that warehouse, from whence the tea was taken, in the City of London? - A. Within the City walls.

Mr. Brooks. That part of the warehouse is

within the City of London; I mean that part of the warehouse where the bags of tea were found.

Court. Q. Where he was examined, was that in the City? - A. Yes.

The prisoner left his defence to his Counsel.

HENRY BAILIES sworn. - I am a master taylor, I have known the prisoner seven years, I never knew any harm of him.

HENRY JAMES sworn. - I am a broker; I have known the prisoner fifteen months, I believe him to be honest.

RALPH BUCKMAN sworn. - I have known the prisoner twelve months, I believe him to be honest.

JOHN CLARKSON sworn. - I am a master tackle-porter to the Draper's Company; I have known the prisoner fourteen years, I knew him in his prosperity, he has lost his wife, and has some small children.

GUILTY , (Aged 40.)

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

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970531-28

387. WILLIAM COX was indicted for feloniously stealing, on the 22d of May , ten ounces weight of indigo, value 2s. the goods of the United Company of Merchants of England, trading to the East-Indies .

Second Count. Laying it to be the property of persons unknown.(The case was opened by Mr. Knapp.)

DAVID WALKER sworn. - I am employed in the East-India Company's Warehouses, Jewry-street, Aldgate ; the prisoner was a labourer , employed there; I went down to the ground-floor, where the prisoner was at work, about ten o'clock, I thought there was something going on that was not right; on the labourers having done their business, our elder ordered them up stairs; when they were gone, I found a bag of indigo, concealed under a board, I placed myself in a part of the warehouse, where I could see who took it away; I saw the prisoner; William Cox , take the bag, and put it into his breeches; I took hold of his arm, and told him he had got something that was not his own, he immediately pulled the bag out of his breeches himself, without speaking a word, it is this bag of indigo (produces it); this is the bag, it is in the same state in which I found it, he afterwards begged to be forgiven.

- SAUNDERSON sworn. - I remember the prisoner at the bar being brought in by Walker, I saw him take the bag from his breeches himself.

Mr. Knowlys. Q. Is that part of the warehouse, from whence the bag was taken, in the City of London? - A. I cannot say.

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

GUILTY , (Aged 34.)

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

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

Reference Number: t17970531-29

388. SAMUEL SUDLOW was indicted for feloniously stealing, on the 3d. of May , a pair of leather saddle-bags, value 15s. containing one blue cloth coat, value 1l. 5s. a striped cotton waistcoat, value 6s. a pair of nankeen pantaloons, value 4s. a pair of silk stocking breeches, value 10s. a pair of worsted stocking breeches, value 5s. a pair of cotton drawers, value 1s. six pair of cotton stockings, value 15s. three pair of silk stockings, value 12s. two linen shirts, value 10s. a muslin cravat, value 1s. six linen pocket handkerchiefs, value 3s. two razors, value 3s. and a razor strop, value 2s. the property of J. Cholmely , Esq .(The case was opened by Mr. Knapp.)

WILLIAM DOREY sworn. - I live at the Greenman and Still, Oxford-Road : On Wednesday the 3d of May, my porter lost a pair of saddle-bags, his name is George Clare , belonging to John Cholmely , Esq. on making an enquiry, strong suspicion fell upon the prisoner; in consequence of which, I obtained a search warrant, and searched the prisoner's lodgings, I found a great part of the things marked with Mr. Cholmely's initials, a great part of the things the prisoner looked out himself from some drawers that were in the room; he was a perfect stranger to me, his lodgings were in Whitcomb-street, Charing-Cross; I told him the occasion for which we came, he made no kind of resistance, but looked a great number of the things out himself; I have been in possession of the different articles ever since. (Produces them).

Q. How came they to be in the possession of your porter? - A. They were delivered to him by my mother, they were left at my house to be delivered to Mr. Cholmely, they came by the Oxford stage.

Cross-examined by Mr. Knowlys. Q. I believe those things were lost on Wednesday the 3d of May? - A. Yes.

Q. And the search warrant you did not obtain till the 4th? - A. No, it was about half past eleven in the morning.

Q. There was time enough for him to have pawned the things, or to have made away with

them? - A. He picked them out himself from his own property.

Court. Q. Did he give you any account how he came by the things? - A. No, he did not; he seemed very much confused.

JOHN HITCHCOCK sworn. - I am servant to Mrs. Cholmely, Mr.Cholmely's aunt; those are Mr. Cholmely's things, expect this handkerchief; I know they all belong to Mr. John Cholmely , because I have had them so many times in my care; for when Mr. Cholmely is in town, he is frequently at Mrs. Cholmely's, and I always waited upon them.

Prisoner's defence. I found those bags near Carnaby-market; and upon suspicion, they came to my house, they found me in the house; I am quite innocent of the affair; I know no more about it than the child unborn.

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

NOT GUILTY .

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

Reference Number: t17970531-30

389. CHRISTOPHER GRAHAM was indicted for feloniously stealing, on the 20th of May , a bound book, called an account-book, value 6d. the property of James Bolland .

(The case was opened by Mr. Raine.)

WILLIAM THOMAS sworn. - Examined by Mr. Raine. I am a cheesemonger, in Honey-lane-market: the prisoner came to our house a little time back, I cannot say when, I think within these three weeks; he said he had got a book of wastepaper to sell, and asked what I gave a pound; I said, two-pence a pound was the price of waste-paper.

Q. Should you know it again if you saw it? - A. I do not know that I should; I think I gave him fourteen pence for it; soon after, I cannot say whether it was a week or ten days, Mr. Bolland's servant came for some butter, and I tore half a sheet of to put the butter in, and sent it to Mr. Bolland's, by his servant.

MARY DAWSON sworn. - Examined by Mr. Raine. I am cook to Mr. Bolland: On the 20th of May, I went to Mr. Thomas's shop, to know how he came by the paper that came with the butter, and Mr. Thomas gave me a book without a cover, which I took to Mr. Bolland.

Q. Was the prisoner at Mr. Bolland's when you carried it there? - A. I do not know, I gave it to Mr. Heptinstall, Mr. Bolland's clerk.

WILLIAM HEPTINSTALL sworn. - Examined by Raine. I am clerk to Mr. Bolland: I received a book from the last witness, which Dickinson, the officer, has; it was delivered to him. (Dickinson produces the book).

Heptinstall. This is the book.

Q. Were you present when any thing was said to the prisoner about the book? - A. Yes; I told him the leaf had come home on a lump of butter, and that had led to the discovery; I asked him if he had ever sold waste-paper or taken any books away.

Q. Had you told him it would be better to confess? - A I did not.

Q. Are you sure of that? - A. Yes; he denied it; he then left our house and went to breakfast; I saw him again between nine and ten o'clock; the maid-servant went and fetched the book, and I did not say any thing upon the subject, to him, till one or two o'clock; he persisted in denying that he had taken it, and I insisted upon his going to Mr. Thomas's with me; when he found that we had got the book in our possession, he said he had taken it away, and sold it to Mr. Thomas, for fourteen pence, and there the matter rested till Monday, to look over our books, to see if any thing more was missing.

Q. Is that the book that he said he had sold to Mr. Thomas? - A. Yes.

Q. (To Dawson). Is that the book you gave to Mr. Heptinstall? - A. Yes; it is the same that I had of Mr. Thomas.

Q. (To Heptinstall). Do you know that to be Mr. Bolland's book? - A. I do, by the hand-writing, it is a day-book.

Court. Q. (To Thomas). Is that the book you bought of the prisoner? - A. I cannot swear that it is, I believe it to be his.

Prisoner's defence. I have lived with this gentleman seven or eight years, and have been entrusted with cash and goods; I never defrauded him of a single shilling; Mr. Heptinstall has known me ever since I have lived with Mr. Bolland.

Q. (To Heptinstall). Has this man had a good character with you as to honesty? - A. Yes; prior to the present time.

Q. What date is this book; is it a book in constant use? - A. No; it is a book from 1781 to 1783.

Q. Where was it kept? - A. Amongst the other books below that were out of use.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970531-31

390. JOHN BAKER, otherwise WILLIAM SMITH , was indicted for being at large before the expiration of the term for which he was ordered to be transported .

JOHN OWEN sworn. - (Produces a certificate of the conviction of the prisoner in November, 1794); I had it from Mr. Shelton; I did not see him sign it.

Mr. Michael John Fitzpatrick proved the hand writing of Mr. Shelton. (It is read).

Owen. I know the prisoner to be the man; I saw him at the bar, and saw him receive sentence; I afterwards delivered him, with forty-three others, at Southampton, to serve in the 60th regiment of foot, in the West-Indies; I knew nothing of him afterwards, till I was sent for to see him before the Magistrate; I took him from London, on the 28th of October, 1795, and delivered him the 30th of October, 1795.

EDWARD SMITH sworn. - I am an officer belonging to Lambeth-street: On Wednesday, the 24th of May , in company with my brother officer, I apprehended the prisoner at the bar, in St. George's-fields , close by the market, in a little alley; I brought him to the office, and he was committed for farther examination; I apprehended him amongst other persons that were apprehended for the murder, and different robberies that had been committed; and then we discovered that he had returned from transportation; there is no other charge against him.

JOHN GRIFFITHS sworn. - I was with the last witness when the prisoner was apprehended.

Prisoner's defence. On the 2d. of November, we embarked at Southampton, and returned back thro' a gale of wind; we set fail again, and went right away; we went to Portsmouth, and lay there a little while; and I went right away to the West-Indies, upon the conditions that I was pardoned upon, and joined my regiment, and did duty there for six months; in the course of the six months, there came orders to be sent home, for the 4th battalion to be drafted into the 3d, in consequence the corps returned to England, and the invalids and officers; and I came home as an invalid to Portsmouth, with the corps; we were there four weeks as high as I can guess; I was an officer's servant ; and I asked my master for a pass to go to town to Portsmouth; from Hilsea barracks I went down to Portsmouth, and got amongst some bad women, and got drunk, and never went home that night; I lost out of my pocket, five shillings and my discharge; the next morning I went up to the barracks, and was confined; and then the regiment was ordered to go to Guernsey, and is there now; I was discharged on account of one arm being three inches shorter than the other; I had only been at home eight days when I was apprehended.

GUILTY Death . (Aged 26.)

The prisoner was recommended by the Jury to his Majesty's mercy .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970531-32

391. SAINT JOHN CLIFFORD JESSOP, otherwise JOHN JESSOP, otherwise JOHN SAINT JOHN, otherwise CAPTAIN HARCOURT, otherwise CAPTAIN CLIFFORD ; was indicted for feloniously stealing, on the 29th of October, 1795 , a black gelding, value 25l. the property of James Gardiner .

(Mr. Laking, one of the Jury, being challenged, William Barnell served in his room).

JAMES GARDINER sworn. - I lived, at that time, in Magpie-lane, Oxford : On the 24th of October, 1795, a person of the name of Captain Harcourt, came to Mr. Hinton, to hire a horse to go to High Wycombe, for two days; his horse was out, and so was mine.

Q. Look at the prisoner, and see if that is the man? - A. That is the man; I was not certain of it when I was summoned up at first, but I am clear of it now; my horse came in, I saddled the horse, and set him off myself.

Jury. Q. The Captain did not tell you he was going to High Wycombe? - A. No; I understood so from Mr. Hinton, the other stable-keeper; I understood him that it was for two days, this was on the Saturday; and on Monday this letter (producing it), came down to Mr. Hinton, from Captain Harcourt, he has signed his name at the bottom of it, W. Harcourt; he never returned, and I never saw him again till he was at Bow-street.

Q. Did the prisoner himself tell you he was going to High Wycombe? - A. I do not recollect any thing of the kind, it is a long while ago; Mr. Hinton is here. I got the horse back again the latter end of August, or beginning of September, following; I had a letter to inform me the horse was in Smithfield; I went, and Mr. Blunt had him; they told me he belonged to Mr. Philpot, of Paddington.

Cross-examined by Mr. Alley. Q. This took place at Oxford? - A. Yes.

Q. How long ago? - A. The 12th of October, 1795.

Q. The person, whoever he was, went to Mr. Hinton first? - A. Yes; he asked me what I valued my horse at; and I said, I could not fell him under twenty-five pounds; and he said, the mare would not do for his company, or something of that sort.

Q. The prisoner replied, I believe, that he had no objection to him if he liked his paces? - A. I do not recollect; he said, if he liked him he would take him at all the money; I thought he was a gentleman.

Q. Did he not ask you if the horse was really your own, that you could fell it? - A. Not a word.

Q. Did you tell him that he might rely upon it, the horse was your own, and you might sell it yourself? - A. No; I never said any such thing.

Q. You do not, in fact, know any thing about

the actual hiring, as to the length of time? - A. No; I heard it from Mr. Hinton.

Q. That letter, I believe, contained a note for twenty-five pounds, for the supposed value of the horse? - A. There is the letter.

Q. Cannot you answer my question - Was not that the purport of the letter? - A. No.

Q. Did you never receive a note for twenty-five pounds, a draft upon a person in town? - A. No; not any body else.

Q. In that letter you were told, if he liked the horse he would keep it? - A. Yes; I heard that he had slept at Tetsworth, the first stage from Oxford.

Q. That was where he had, in fact, hired the horse to go to? - A. Yes.

Q. It was eighteen months from the time of the horse being hired, till you saw any thing of the horse again? - A. It might be ten or eleven months.

Q. And you did not see the prisoner till a little while ago, at Bow-street? - A. I did not see him till I was summoned.

Q. Are you certain he is the person? - A. Yes; I was not that night, being candle-light, but I am now positive he is the man; he has a dent in his chin.

Q. Did not you, over and over again, say you could not ascertain that he was the man? - A. I did not rightly understand Mr. Bond's question, I had been riding up from Oxford; I am very certain that is the man.

Q. Was not the question, over and over again, put to you by Mr. Bond? - A. Yes.

Q. And you said, over and over again, he was not the man? - A. No, I never said he was not the man.

Q. Did not Mr. Ford, another Magistrate, desire him not to put the question any more; for having denied it so many times, it was of no consequence whether you swore it now or not? - A. I did not hear him say any such thing.

Q. You have had some conversations with the runners during these examinations? - A. No, only Croker; I asked him how he did, upon the steps, and that was all.

Q. Did not Croker tell you there could be no doubt of his being the person? - A. No.

Q. Had you ever seen him before he hired the horse? - A. No.

Q. Now do you mean to undertake to swear, though you did not chuse to do it upon your examinations? - A. I am very positive and clear that he is the man.

ROWLAND EDWARD HINTON sworn. - In October 1795, the prisoner applied to me at my yard, in Magple-lane, Oxford, about eleven o'clock in the day; he said, Hinton, how do you do; I told him he had the advantage of me; he said, did not I recollect him at the Angel I told him no; he asked me how my wife and family were, and I told him; then he asked me if I had a horse sit to carry him as far as Tetsworth or Wycombe; he said, he was going to meet a recruiting party that day; if they were not at Tetsworth, he should go in pursuit of them till he met them, that is to say, as far as Wycombe; I told him, I had not a horse that was capable of performing the journey; Mr. Gardiner being present in the yard, I asked him if he would like to serve the gentleman with a horse; he told him, if he would not over-ride him, he should have his horse; the gentleman wished to see the horse, but not seeing the horse, he turned round, and asked me, if I thought he was a capable horse, I told him he was; I know nothing of their agreement, I took my leave of them and went about my business, and they agreed between themselves; I afterwards saw him ride down the street, over the bridge; I should have told your Lordship, that when he was making himself known to me first, he told me he was a gentleman that I had once dressed, with a lady, at the Angel, (at that time, I followed the capacity of a hair-dresser), and I had then served him with a gig, and he paid me for it, and behaved very genteelly; at first, I doubted it, but he said so much about my serving him, that at last I had no doubt that he was the gentleman, and a gentleman of great respectability, character, and fortune.

Cross-examined by Mr. Alley. Q. When you first saw him at Bow-street, you did not undertake to swear to him? - A. No; but the features of the face, the more I have thought of them, the more they occur to me.

Q. Is that the way you usually form an opinion, that as the distance of time increases, your recollection increases? - A. No; but when a person has been absent a considerable time, you don't recollect him immediately.

Q. Would you undertake to swear to him at Bow-street? - A. I did not.

Court. Q. Are you sure he is the man? - A. I am sure he is.

Mr. Alley. Q. You did not think he was the man when you saw him at Bow-street? - A. I did think he was the man, though I would not swear to him.

Q. Did you ever receive afterwards a note for twenty-five pounds, as the value of the horse? - A. No.

THOMAS BLAND sworn. - About the latter end of October 1795, I believe it might be the 29th; the prisoner came to my house in Arlington-street, Piccadilly, he had been there two days; he sent

for me up to his apartments, he begged I would excuse the liberty he had taken with me, being a stranger; he said, he was under some very unpleasant circumstances, that he had just arrived from Chichester, with a recruiting party that had come from the West-Indies, light-dragoons; he called himself Captain Clifford; he said, he had got into a very unpleasant affray; he said, he could not think what was the matter with the people in this country, he thought they had an enmity to the army, for he and his brother officers had got into an affray, and he had almost severed one man's arm from his body; two of his brother officers were in custody, and what was very unfortunate, he had lent his servant to a party to go a shooting; he expected his servant to follow him from Guildford, that his business in town was to see his attorney, who was unfortunately out of town, and that his agent would not do any thing without money, and his request to me was, to lend him eight guineas, that he had a horse cost him twenty-five guineas, over at the Three Kings, and that the horse should remain in the stable till he had paid me the eight guineas; the story seemed very well told, and from his manner, I believed him to be what he represented himself, and I lent him the eight guineas; in about two days more, I had a second message from him; he told me then he had sent the attorney's clerk to Chichester, that he had given him all the money he had received from me, that his servant was not yet returned, and begged I would advance him the sum of three guineas more, for which he would give me a written agreement, that the horse should be at my disposal if the money was not returned, which agreement is here. (Produces it.)

Court. Q. Did you see this horse? - A. Yes; it was a black cropped horse.

Court. Q. Do you know whether that horse belonged to the prisoner? - A. He came and swore to it afterwards; as soon as he got the three guineas, he decamped, and left the house bill unpaid, which was six or seven pounds, he lived in a very extravagant style; I sent the horse to the Repository, to dispose of it, but there was not above eight guineas bid for it, and a friend of mine advised me to send him down to a straw-yard till the March following, and then I had him up to the Three Kings again; I sent him to Tattersall's, and there he sold for twelve guineas to Mr. Philpot, and in the month of September following, the horse was owned while Mr. Philpot was riding him.

Cross-examined by Mr. Alley. Q. How long had you the horse in your possession? - A. From the latter end of October, 1795, till the latter end of March, 1796, the horse was then sold.

Q. And what became of him afterwards, you do not know of your own knowledge? - A. Yes, I do; I was present when he was sold, he was sold to a Mr. Salmon.

Q. How long was it after the time you sold him to the time he was sold to Mr. Salmon? - A. I sold him to Mr. Salmon myself.

Q. How many months after you sold him to Mr. Salmon, was he sold to Mr. Philpot? - A. Two months.

Prisoner's defence. With respect to the circumstance of this horse, which I hired, as has been sworn by the prosecutor: I was coming to Oxford on the 24th of October, and I asked for Mr. Hinton, from the recommendation of a person at the Bear inn, Oxford, he told me he had horses to lett; I went down and said, Hinton, have you any horses to lett? he said, my man, Mr. Gardiner, had a good horse, but did not wish to lett it out for hire, he would rather dispose of it; and, in an hour and a half, I went down to this yard, and there I found Mr. Gardiner, with the horse ready for me; I took my spurs out of my pocket, and said, I was going on the London-road to meet a Captain Winter, then of the third dragoons, who was coming to Oxford to recruit; I sent him to get me some spur leathers; when I was fixing them, he said, I do not like to let this horse go, the price, with saddle and bridle, is 25l. and I said, if I like the horse, I will send you a promissory note for the money; and as I was going out to High-Wycombe, a Mr. Fisher, of Oxford, joined company with me; unfortunately for me, I cannot learn any thing of that gentleman; I asked his opinion of the horse, and he said he did not think he was worth so much; I slept at Tetsworth that night, I could not hear any thing of Captain Winter, and I proceeded to London on the 5th morning; not hearing any thing of my friend, I went to Mr. Allen, a merchant, at Kennington, and learned that he had been, and was gone down to Chichester; I went down there with a Major Blunt, who has since been tried for an assault at Chichester; we went out together, and got into an affray from my kissing a girl in the street; it was impossible that I could, as has been stated, with only a slight stick in my hand, severe a man's arm from his body; I found there were warrants out, and, in the night, I took a place in the Chichester coach, and went to Mr. Bland's hotel; I wished to send an attorney from town, and I went after a Mr. Bevan, formerly Bevan and Mudge, but he was out of town; I then went to a Mr. Holmes, a gentleman of Arundel, and he told me he would endeavour to conciliate the matter, and for this purpose I borrowed eight guineas of Mr. Bland. Previous to my giving him that agreement, I sent for a stamp, and sent down a promissory note of 25l. payable at No. 6, Crescent, in the Minories. I never heard

any thing further of this horse, till I was apprehended; I believe Mr. Bland knows that I have been confined in prison for debt, and got a letter of licence from my creditors, till I could get a reconciliation with my friends; Mr. Bland might have sent down to Oxford, and informed them where I was. As I am free from any intentional defraud, I trust my case to your Lordship, and the Gentlemen of the Jury.

GUILTY Death . (Aged 29.)

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

Reference Number: t17970531-33

392. WILLIAM POPE was indicted, that, on the 29th of April , he was feloniously, without any lawful cause, at large before the expiration of the time of his natural life, for which he was ordered to be transported .

CHARLES HAY sworn. - I apprehended the prisoner, on the 29th of April, about three o'clock in the morning, in Jermyn-street, St. James's ; I had no warrant, it was a little after three, I heard the spring of a watchman's rattle, who was after him on suspicion; he was running along Piccadilly, opposite St. James's church; I took him and brought him to St. James's watch-house; he was searched to see whether he had any suspicious tools about him; we found nothing upon him; he was detained, knowing him to be a suspicious character, and taken to Bow-street; I don't know his person, I know nothing of the sentence being passed upon him, I only apprehended him.

LAWRENCE M'NAMARA sworn. - On the 29th of April, between the hours of three and four o'clock in the morning, we heard a watchman's rattle spring; Hay and myself ran down the street, and when we came to the end of the court, near the church, we saw the prisoner and another person run by; they run down Church passage, we soon overtook them; I apprehended the prisoner, and carried him to St. James's watch-house, and afterwards he was carried to Bow-street; I was at his examination, I don't know exactly the time he was committed.

WILLIAM LANE sworn. - I am a watchman; my stand is at the top of Sackville-street: After I had cried the hour of three, I went into my box; about twenty minutes after three, I heard a watchman's rattle spring, I saw the prisoner and one Timms together run down the street on the other side of the way; he was taken and brought to our watch house, I never saw him before.

JOHN OWEN sworn. - I have got a certificate of his conviction, I received it from Mr. Fitzpatrick, the officer of this Court, (the certificate read); he is the same person that was convicted, there was a conditional pardon afterwards.

Prisoner. I was pardoned on condition of serving his Majesty as a soldier .

Owen. After he was pardoned to be transported for life, there was another pardon made out for him, to serve in the West-Indies as a soldier.

Prisoner's defence. I was placed upon the island of Martinique, having three hundred and upwards of emigrants there; I was afterwards pressed by the Grampus's boat's crew, and brought to England; we arrived on the 27th of July, and laid at Spithead for the space of a month, when an order came from the Admiralty for the ship to be paid off; the ship's crew was made over to the Ardent, and we sailed with Admiral Duncan to the North Seas.

Court. Q. Are you in possession of this pardon; it is now alledged there was a subsequent pardon, on condition of your serving in the army?

Prisoner. I have nothing but what the Sheriff produced and read before us, that we were pardoned.

Mr. Kirby. I have the pardon; I sent the prisoner, with forty-two more, down to Southampton.

Court. (To Prisoner.) This subsequent pardon was, that in case you served in a regiment abroad, transportation for life should be removed: Now, it is necessary for you to give evidence, that you complied with that subsequent pardon, and that you were compelled to come to this country by some force which you could not resist; unless you can establish those facts I have mentioned, the original sentence upon the first part remains, you have not got the benefit of the other, unless you can prove you were brought here by force.

Prisoner. Here is an officer that can testify I was pressed from the place where I was destined.

RICHARD WILBRAHAM sworn. - I am an officer on board the Agincourt, in Long Reach; Captain Williamson sent for me, and desired me to give an account of the prisoner's conduct abroad; his services were such, as to be the means of saving one of his Majesty's ships, and the whole convoy; he was pressed, and brought contrary to his inclination to this country; Captain Williamson would have attended himself, but we are in a mutinous state.

NOT GUILTY .

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

Reference Number: t17970531-34

393. TIMOTHY COOPER was indicted for feloniously stealing, on the 29th of May , eleven calf-skins in the rough, value 2l. 2s. and one goatskin in the rough, value 3s. 6d. the goods of George Wallis .

Second Count. Laying them to be the property of John Day .

JOHN DAY sworn. - I am a tanner and leather-factor , I live in Long-lane, Bermondsey: On

Monday evening last, these skins were taken from Leadenhall-market ; I did not see them taken; I missed them on the Tuesday morning; I can identify them, there are eleven tanned calf-skins, and one tanned goat-skin.

JOSEPH SIMMS sworn. - Mr. Dyster, who lives in Leadenhall-market, said to me, he had great suspicion, that a man, with a light coloured coat on, had taken some leather, and I met him with a dozen skins, it was on Monday evening, between the hours of eight and nine o'clock; I asked him what he was going to do with those skins, he had them under his arm; he said, he did not know, it was a drunken frolic; my partner came up, who saw him take them off the pile, he did not appear drunk to me; as soon as an officer came, I delivered the skins to him, I put my name on one of the skins, and my fellow-servant did the same.

WILLIAM JOHNSON sworn. - I am a porter in Leadenhall-market; I went round as I was desired by Mr. Dyster: I had a view of the market, and I saw the prisoner rise up with those skins under his arm; I went after him, but before I overtook him, my fellow-servant had got hold of him; we asked him what he was going to do with those skins; the prisoner said, he was going to do nothing with them, he said, it was a drunken frolic; the skins were given into the custody of Mr. Crow, the constable; I marked my name upon one of them, I believe it is the same skin.

Prisoner. Q. Did you see me take the skins? - A. I did.

THOMAS CROW sworn. - I am a constable; I had twelve skins delivered to me, eleven calf-skins, and one goat; they were delivered to me on Monday evening last, within ten minutes or a quarter of an hour after the robbery, they have been in my custody ever since; I wrote my own name upon one of them. (Produces the skins.)

Mr. Day. These are my skins, they are tanned in the rough, they are called undressed; it is very unusual to have them tanned in this manner, 2959 is marked upon them, it is a duty mark; they were sent to me on the 9th of May, for me to fell on commission, I am responsible for them; these are the exact quantity missed, I have not the least doubt but they are mine.

GEORGE WALLIS sworn. - I am a tanner ; I can only say, that I sent a dozen of skins to Mr. Day, on the 9th of May, to be sold; they are numbered in our division, I don't know the number upon them; I have got a servant in Court that can give a better account than myself.

DANIEL JONES sworn. - I am Mr. Wallis's servant; I looked out some skins for Mr. Day, it was on the 9th of May; there were eleven calf and one goat-skin, they were tanned in the rough; I tanned them myself; I carried them to Mr. Day's, Leadenhall-market, the same day; it was three weeks before they were taken from the market; those are the same skins, I can take my cash of it; the goat's-skin I cut two holes in.

Mr. Day. They were carried three weeks to the market; I saw them on the Monday afternoon, they were taken in the evening; I had them in my hands several times, I could not fell them for the price I wanted.

Prisoner's defence. I have nothing to say, I have no witnesses; I have had the honour to serve his Majesty seven years at sea - If your Lordship thinks proper, I am able to serve him again.

GUILTY (Aged 31.)

Confined one month in Newgate , and, during that interval, to be publicly whipped round Leadedhall-market .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970531-35

394. JAMES THOMPSON was indicted for feloniously stealing twenty-five quires of demy paper, value 14s. one printed bound book, value 1s. one hundred and sixty pounds weight of metal types, value 3l. and one hundred and eight sheets of printed paper, value 2s. the property of Thomas Wilkins .

(The case was opened by Mr. Gurney).

JAMES FITZGERALD sworn. - I live with Mr. Wilkins, he is a printer , in Aldermanbury : The prisoner was a servant of Mr. Wilkins, a journeyman pressman ; I saw him take some paper this day three weeks, from a cupboard in the press-room, I don't know what paper it was, nor what quantity he took, I saw him put it between his coat and waistcoat, he went down Aldermanbury; I immediately told the other apprentice, and the next morning I communicated it to my master; it was a little after eight at night.

Cross-examined by Mr. Knapp. Q. All you mean to say is, that you saw him take some paper, but what paper it was, or what quantity he took, you don't know? - A. No.

THOMAS WILKINS sworn. - I am a printer, in Aldermanbury: The prisoner was my servant, I apprehended the prisoner in consequence of an information on Saturday the 13th of May; I immediately went to his house in Bethnal-green, I found his wife there; I went into a back room, there I found a large quantity of paper, part of which paper the constable took away, a large quantity of printing types, one hundred and sixty pounds, and an Oxford Testament, part of a printed book not bound, called Mrs. Rowe's works, some spelling books, not bound, called printed paper, twenty-five quires of white demy printing paper, and four sheets of gilt post paper.

Q. Are you able to speak to any of those articles being your property? - A. I am.

Q. What did you do with the prisoner after you had found those things? - A. I went home, and took him immediately before the Alderman; I had left him in custody of an officer at my own house. The moment he saw the officer, he acknowledged he had robbed me, and begged I would forgive him, and hoped I would consider his wife and child; I told him I could not, and ordered the constable to take him away. I had missed various things, particularly large letters that we make use of for handbills, that are stuck against the walls; there is so much paper about the house it is impossible to miss it.

Cross-examined by Mr. Knapp. Q. Could you not tell whether you had lost paper if you took your stock? - A. We could not take our stock; I may lose a great many reams of paper and not know it.

Q. Do you deal pretty largely? - A. I should like to do so.

Q. Possibly you might have sold that paper? - A. I never sold demy paper of that description; some of this paper was absolutely wetted, to be printed upon; and there never was a wholesale paper-maker ever sold a quite of paper ready wetted; I never heard of such a thing.

Q. This man has had some dealings with you? - A. He did buy some books.

Q. Upon your oath, did he not buy some demy paper of you? - A. Before he was my servant he did.

Court. Q. How long has he been your servant? - A. Since Christmas.

Q. Did you, or did you not, fell the prisoner at the bar some low demy? - A. Low demy I did fell him, to my sorrow; and several other articles, before he came into my service, to the amount of several pounds.

Q. Have you not some security for it? - A. Yes; I have his father's warrant of attorney, which is not yet due.

Mr. Gurney. Q. Had you ever sold him any types? - A. Never any.

JOHN HUMPHRIES sworn. - I am a constable: I went with Mr. Wilkins to search the prisoner's house, those are the things I found in the house; I was with the prosecutor when I found them.

Mr. Wilkins. It is proper to inform the Court, that my types are cast differently from any other printer's types in the trade; they are shorter in the shank; my predecessor, Mr. Oliver, had his types uniformly cast in that manner, and the most of the letters that are taken were formerly his, part of them have been in my possession sixteen years, and part of them are quite new. I can also speak to them by a particular nick, they are distinguished by either one, two, or three nicks.

Mr. Gurney. Q. With respect to the paper, what part of that paper did you find wet? - A. There are twenty-five quires altogether, and two or three of them were wet. This printed paper is my property likewise, some is printed on one side, some on both sides; I am sure of that which is printed at my press.

WILLIAM CHRISTOPHER MAUN sworn. - I have heard the prisoner say that he lived in Thomas-street, Bethnal-green; I never was at his lodgings.

Q. (To Wilkins.) Where was his house? - A. It was John-street, No. 2. I found his wife there, I knew his wife, I had seen her before.

Prisoner's defence. I have bought demy paper of him, and a great quantity of spelling-books, and psalms and hymns, since I have been in his service. He has taken away some books which are not in the indictment.

Court. (To Wilkins.) Q. Had he any press at his house to carry on the printing business? - A. No, he had not.

Q. With respect to the wet paper, did not he wet the paper himself? - A. Oh yes, he might; it is never wetted out of the house.

DAVID EMMERSON sworn. - I keep a chandler's-shop, in Sr. George's: I know of types being sold to the prisoner; I have been in the same line of business with the prisoner, and have seen a great many types like those, belonging to different people in their profession; I remember purchasing several for him, of this kind, at Mr. Thorn's, three or four pounds at a time; and I have known Mr. Thorn's porter bringing him as many as he could carry; I have seen a great deal of demy paper in his possession while he was in business, and remember his buying books of Mr. Wilkins, bound and unbound; I have known the prisoner about twenty months, and for eighteen months I have known him very well; I believe him to be a very honest man.

Eight witnesses were called to the prisoner's character, who gave him a very good one.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970531-36

395. HENRY ELLISON, otherwise WALE , AARON WITHERS , and GEORGE WITHERS , were indicted for that they, on the 1st of May , upon Elizabeth, the wife of William Beresford , did make an assault, in the King's highway, putting her in fear, and taking from her person a metal watch, value 4l. and eight shillings in money, the property of the said William .

(The case was opened by Mr. Knapp.)

WILLIAM BERESFORD sworn. - Examined by Mr. Knapp. Q. You are an attorney , and live at Pentonville? - A. Yes: On the 1st of May, I was

coming to town, between the hours of eight and nine, or near nine o'clock in the evening; near the one mile-stone from Paddington , we were suddenly called out after, with a cry of stop, three times; I then saw the prisoner, Ellison, who goes by the name of Harry Wale , running by my side of the chaise, I was in a single horse chaise with my wife, and Aaron Withers was on the other side; I made an effort to whip the horse, with that I cut the prisoner, Harry Wale , in the face, and then Aaron Withers rather met us, and laid hold of the horse's reins; the prisoner Wale then got upon the step of the chaise on my side, I was on the driving side, the right hand; George Withers got upon the other step. I should have told your Lordship, that they drew the chaise a little out of the road close to the side; the prisoner, Wale, used very violent language, and asked me what I meant by cutting him; I told him I did not go to do it; he then demanded my money, watch, and pocket-book; they all three had pistols, and presented them; the prisoner, Wale kept a pistol to my head the whole time; and George Withers was on the step, on the other side, with a pistol at Mrs. Beresford's head; Aaron Withers stood at the horse's head, with a pistol in his hand; the prisoner, Wale, began to search me; I told him I had no money; he then appeared to me to colour in the face; and then he put a red handkerchief which he had round his neck over the lower part of his mouth; he then searched me again, and put his hands in my waistcoat pocket, and felt upon my breeches and thighs, but did not find my money; I should have mentioned, that when he made the second search, he pushed me back in the chaise, and pulled my hat over my face.

Court. Q. Was that before or after he had put the handkerchief over his face? - A. Afterwards; he then reached over me to Mrs. Beresford, and tried to get the watch from her side, which he could not do, and be swore very much for a knife; and he began pulling her very hard, and by so pulling her my hat got from off my eyes, by which means I was able to see his face completely; at last he got the watch away, I saw it go.

Q. Was it effected without some degree of violence on his part? - A. Very great violence; she then gave her purse to the prisoner, George Withers; he took the silver out, and a memorandum, which was in it, and gave to the prisoner, Aaron Withers, for the purpose of his looking at it; George Withers then returned the memorandum and the purse to Mrs. Beresford, and then said, go on, go on, and do not look back.

Q. How soon did you see either of them again? - A. I did look back, and I observed them go along the road towards Harrow; I went to a public-house and gave information that I had been robbed, and the next day, the 2d of May, I went and lodged an information at Bow-street; the prisoners were apprehended the same day in the afternoon, and I saw them the day after, on the Wednesday, at Bow-street.

Q. Did you know either of the prisoners before? - A. I knew the person of Harry Wale, very well, before, he is a servant to Dr. Wale, who rents a house of my mother's, at Paddington, he is a gardener; I have known him, I should think, at least three years.

Q. Do you know the other two prisoners? - A. I have seen the prisoner, Aaron Withers , in his company in his master's yard.

Q. How many times may you have seen him with Wale? - A. A good many times.

Q. Do you know the other prisoner, George Withers ? - A. Not till the time I was robbed.

Q. Do you know the persons that robbed you? - A. Yes; Wale was at the side of the chaise, and Aaron Withers at the horse's head; I believe George Withers to be the other man, but I will not swear to him.

Q. Have you any doubt as to the person of Wale, and Aaron Withers ? - A. I have no doubt at all, nor ever had.

Q. What kind of a night was it? - A. The moon shone very bright over our heads, it was a very beautiful night; it was between eight and nine o'clock.

Q. Have you recovered any of the property since? - A. No.

Cross-examined by Mr. Knowlys. Q. You say it was between eight and nine o'clock - had you a watch? - A. No; my wife had my watch, she had broke her own; I had seen the watch, and asked her the time, when we were at Brentford, and from the time I had been going, it must be about that time; it was a clear bright night, I believe the moon was in the first quarter.

Q. Are you sure of that? - A. I will not swear it.

Q. This was the first of May? - A. I am very sure of that.

Q. Had you been dining out? - A. No; we drank tea at the Hats, on the Uxbridge road; we had dined at home, we did not go out till four.

Q. Were you very much frightened? - A. I was, very much indeed.

Q. You stopped after the robbery, and gave information of it? - A. Yes.

Q. A man of the name of Townsend keeps the house, I believe? - A. Yes.

Q. Did you tell him Wale was the man? - A. No; I was not then recovered from my fright.

Q. How far from this public-house were you robbed? - A. About half a mile; I said to them, I was robbed, and I could swear to the men's voices.

Q. Do you mean that you said that to Townsend? - A. No; I said so to my wife.

Q. Did you ever say to Townsend that Wale was the man? - A. Not at that time; I did afterwards.

Q. Did you that evening? - A. No; I did not.

Q. Did you ever, before Wale was in custody, tell Townsend that was the man? - A. No.

Q. Did you not know then that Townsend knew Wale? - A. I never asked him, I do not know that he did.

Q. He lives in his neighbourhood, does not he? - A. Half a mile from the place.

Q. The persons, whoever they were, that committed this robbery, went off in the direction of Harrow? - A. Yes.

Q. That is in a direction that would carry them further from Townsend's house than where they committed the robbery? - A. That depends upon which way they went; if they went strait on it would, but they might have gone to Kilburn.

Q. They were in a direction from London, when you looked back and saw them? - A. Yes.

Cross-examined by Mr. Const. Q. As to George Withers, you will not swear to him? - A. No; I believe him to be the man.

Q. Did I understand you right when you said, that as to Aaron Withers you never had a doubt? - A. Yes; I never had.

Q. Were you certain of him at Bow-street? - A. Yes.

Q. Did you there say so? - A. Yes; me and my wife both said so; I always said he was the man that stood at the horse's head.

Q. Then you never said you had a doubt of it? A. No, never; I never spoke to George Withers .

Q. I understand then, that you said, at Bow-street, that you had no doubt about it, but was certain of the man? - A. Yes.

Q. Do you remember when you next saw Aaron Withers after the robbery? - A. At Bow-street.

Q. Was he in custody? - A. No; I believe not.

Q. Then he came there as a looker-on? - A. There was another man taken up with George Withers, but we both said he was not the person; Aaron Withers happened to be there at the time.

Q. Had you given any information of Aaron Withers , that you knew him at the time? - A. I gave information of three persons, and I told them at Bow-street, that Harry Wale was one; I did not mention the name of the other, I did not know his name; I only knew him by seeing him in company with Wale.

Q. Then of course you fixed upon him immediately? - A. When we said the other man was not the person, he was put to the bar; we had seen Aaron Withers in the yard, and my wife and I both immediately said, that he was the man that was at the horse's head.

Q. Then did you cause him to be apprehended? A. He came by accident.

Q. You fixed upon him? - A. Yes.

Q. And nobody else? - A. There was a man we said was like him, but we did not fix upon him.

Q. There were two examinations, at which of them was it that you fixed upon Aaron Withers? - A. At the first.

Mr. Knapp. Q. At the first examination, you saw Aaron Withers in the yard, and then you fixed upon him as one of the persons? - A. Yes.

Q. Then he was afterwards in the room? - A. Yes.

Q. Was he brought into the room? - A. Yes; at first I saw a man in the yard, that we said was like Aaron Withers , and then we turned round, and saw Aaron Withers , and then we said that was him.

Mrs. ELIZABETH BERESFORD sworn. - Examined by Mr. Knapp. I was with Mr. Beresford, in the chaise, we had been at Brentford: On the 1st of May, as we were returning home, about the one mile-stone at Paddington, we were suddenly holloaed out to, by a cry of, stop, stop, stop; when I saw the prisoner, George Withers , running as fast as he could on one side; I then saw the prisoner, Wale, on Mr. Beresford's side; Mr. Beresford then whipped the horse, and endeavoured to drive away.

Q. Did you see any other person there? - A. Aaron Withers followed at a little distance, and seized hold of the horse's reins.

Q. Were these persons armed? - A. Yes; I saw their pistols; George Withers presented a pistol to me; the moment that Aaron Withers drew out of the road close to the path side, he got upon the step of the chaise, and put his pistol close to my temple, I screamed out, and begged of George Withers not to hurt us; George Withers had his foot upon the step first; Harry Wale being more lusty and aukward, did not get up quite so soon; Harry Wale was a good while undoing the knee-boot; it was new, and Mr. Beresford had been ten minutes doing it up, at last he got it undone, and then he put his foot in the chaise, and began to swear in a violent manner, that he would blow our brains out; then he asked Mr. Beresford why he cut him; -

Q. He had cut him with a whip, I believe? - A Yes; Mr. Beresford told him, he did not mean to cut him; then Harry Wale demanded his watch, pocket-book, and money; he told him he had no watch nor pocket-book; but he began to rifle his pockets at the time; and all on a sudden, his coantenance seemed to change very red; he then drew his silk handkerchief, which he had round his neck, over the lower part of his face, it was a red silk

handkerchief rather dirty; he then pushed Mr. Beresford back in the chaise, took his hat off, and pulled it over his face, then rifled his pockets again; and then reached over Mr. Beresford to me, and began swearing in a very violent manner, for my watch, which Mr. Beresford said he should have; he then put his hands to the pocket-hole of my habit, and took it out of a little pocket that I had tied round my waist, he swore very violently for a knife several times; I begged him to let me untie it, and he should have the watch; it was tied with a very strong string round my waist; he got it either by breaking the string or drawing it through the knot; he pulled so violently, that he pulled me almost out of the chaise; at that time, the pistol in George Withers's hand hit me on the temple; I was afraid of it's going off, and laid hold of his hand and a part of the pistol, and begged of him to take it away; I then gave George Withers my purse; I had ten or eleven shillings in silver, and I gave him them all; then there was a little memorandum, which he took out and gave to Aaron Withers; I looked very much at Aaron Withers the whole time; Aaron Withers gave it to George, and shook his head, and then George Withers gave it back to me; I asked George Withers to give me back my purse, and told him he was a good man for not hurting me; then they got down, and told us, all of them, to go on, and not look back; I did look back, and saw they were all nearly of a height.

Q. You did not see them again till the next day, at Bow-street? - A. No.

Q. Are you certain as to the persons of the men that robbed you? - A. Yes, very certain; that is Wale that I pointed out in the yard; George Withers is the man that stood on my side, and the other was the man that stood at the horse's head.

Q. Had you ever any doubt of their persons? - A. No.

Cross-examined by Mr. Knowlys. Q. The observation you made when they left the chaise, was, that they were all nearly of a height? - A. Yes; except that Wale was lustier, but you will give me leave to observe, that Wale has got much thinner now than he was then.

Q. He was lustier than the man who is now nearest to you? - A. Yes.

Q. Perhaps he has grown a little shorter too, since? - A. No; being lusty, it made him look shorter.

Q. I take it for granted, and you will tell me if I am wrong, that you were extremely alarmed? - A. I was; and I could not have believed that it could have made the impression it did make on my mind; I looked very hard at them.

Q. I suppose as the men approached, and as they became violent, your fears did not lesson? - A. They came up nearly altogether.

Q. But when they presented the pistols, your fright did not lessen? - A. I screamed very much for the moment; but I soon came to, and looked at them very hard.

Q. Under this alarm, you observed a change of colour in Wale's face? - A. I was quite in my senses by that time.

Q. You have now spoke of all three of them with great positiveness, did you at Bow-street, express yourself with the same positiveness? - A. Yes.

Q. Not a belief, but positively swore to them? - A. Yes.

Q. If that was the case, could you by any possibility, pick out a man that turned out to be none of these three, a man of the name of Barrett, who was one of the officers of Bow-street? - A. I looked at one, rather a dark man. I thought he was the man at first, and then I turned round and said, no, there is the man that stood at the horse's head, and the officer said, you are right, ma'am, that is one of the men.

Q. Did you, or did you not, point to Barrett, as the man? - A. Yes; but I contradicted it instantly; I said, no, he is much like him, but this is the man.

Q. Did you not suffer these words to escape you when you pointed to Barrett, this is one of them? - A. I might, but I contradicted it; it is most likely that I did till I saw the other.

Q. Did you, or did you not? - A. I cannot recollect; I dare say I did.

Q. Did you not say when you were pointing to Barrett, this is the man? - A. I cannot say; I do recollect pointing to him; I had my doubts at the time, though I pointed to him, and that made me look round again.

Q. Did you give any information at the turnpike, that you had been robbed? - A. Yes.

Q. How long after you had been robbed, was it, that you gave this account at the turnpike? - A. I cannot say, it might or it might not be a quarter of an hour.

Q. Mr. Beresford was extremely frightened? - A. Yes; but he told me directly after that he knew the man.

Q. Do you recollect stopping at Townsend's? - A. Yes.

Q. Did either you or Mr. Beresford mention that Wale was one of the men? - A. No; I did not know him.

Q. Did either Mr. Beresford or you mention Wale's name? - A. He said he could swear to the man's voice, and that he should know him again; in a very few minutes after, he said, good God, it is Harry Wale , I will have him taken up to-morrow.

Q. You did not mention the name of Wale to the turnpike-men? - A. No.

Cross-examined by Mr. Const. Q. You have described the size of the men, and their height? - A. Yes.

Q. And described the flushing of the face? - A Yes, it was a beautiful light night.

Q. Did I hear you right, when you said, that George Withers handed something from you to Aaron Withers , and they looked at it? - A. Yes.

Q. I thought Aaron Withers was at the head of the horse? - A. Yes; but he got out of the chaise into the path, he had had but one foot in, and he went to Aaron Withers and shewed him the memorandum, and he read it, I saw him read it.

Q. Did you happen to hear at Bow-street, they could neither write nor read? - A. No; Aaron Withers read the memorandum.

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

Court. Q. You do not mean that he read it aloud? - A. No.

Q. Was any thing found belonging to you, when they was taken? - A. No.

Q. You say, you did six upon a wrong man, had you not at that time passed the right man, without fixing upon him? - A. No.

Mr. Knapp. Q. At first, when you fixed upon this man, who turned out to be an officer of Bow-street, you had a doubt? - A. Yes.

Q. But when you fixed upon Aaron Withers, you had none? - A. None.

Q. When was it you gave the first description of these men? - A. On the Monday.

Q. On the Tuesday, did they answer to the description you had given of them on Monday? - A. Yes.

Court. (To Mrs. Breredford.) Q. Had you ever seen any of these men before? - A. No.

Court. Q. How long might it he, that they were at, and about the chaise? - A. It seemed to me about ten minutes, but most likely it was not so long, perhaps four or five minutes.

Court. Q. When you were before the Magistrate, did you then swear positively to them? - A. Yes, I did.

Court. Q. You are sure you swore positively to them before the Magistrate? - A. Yes.

Q. Have you any doubt, at this moment, about the persons of either of them? - A. I have not.

Q. Do you mean to swear now, that you are clear and positive, as to the persons of all? - A. Yes; I remarked, that George Withers on my side, was a good looking man; George and Aaron Withers had both very good hats on, nearly new; I observed the upper part of George Withers 's face, on my side, he looked much pleasanter than either of the other two; at the time Aaron Withers took the horse by the head, he looked very hard at us; George Withers had on a light coat to the best of my recollection.

Q. What sort of hats had they on, slapped hats? - A. Good round hats.

Q. Were they drawn over their faces? - A. Not much.

CHRISTOPHER CREEDLAND sworn. - Examined by Mr. Knapp. I am one of the patrols belonging to Bow-street; in consequence of an information, on the 2d of May, from Mr. Beresford and his wife, I went away to Paddington, with Rivett and Baker, and a great many more officers to the house of Wale's master; Baker and River, two of the officers knocked at the street door, about one o'clock in the forenoon; there are some gardens that lead into a field, and I went round to the back of the house; I staid there about a quarter of an hour, and came round to the front again; I found they were got in, and I left Baker and Rivett there, and went to the turnpike, there were some people standing at the turnpike, who said, there were two men, that were companions of Harry's, running across the field, we went across the field, but could not see any man; I went down the Uxbridge-road. and about two miles down the road, I met with them; one was the middle man, George Withers , and the other was the man that was discharged at the office, his name was Beadle.

Q. What were they doing when you met with them? - A. They were coming towards me very slowly; I laid hold of George Withers, and told him he must go with me; he did not say any thing to that; I then took him into a public-house, in St. George's Row, and from there to Bow-street, he was searched, but I found nothing upon him but an old pair of stockings.

Cross-examined by Mr. Knowlys. Q. Were you at the office when Mrs. Beresford came there? - A. Yes, I was.

Q. You have a man there of the name of Barrett? - A. Yes; a supernumerary man that goes with me; when all the prisoners were brought into the yard, there were many more placed round in a ring; Mr. and Mrs. Beresford were desired by the clerk to go round to see if they knew any body, they picked out Harry Wale find, and then Mrs. Beresford came round to my side where I stood, there was Barrett, and Mrs. Beresford said, here is one of the men; then she went round the ring, and who she picked out then, I do not know; there was the clerk with her then; the three men that were brought up, were ordered to the bar.

Q. Before that, had she picked out Barrett as

one of the men? - A. Yes; she fixed upon Barrett, and said, he was one of the men.

Court. The three men were ordered to the bar? - A. Yes.

Court. Q. Did she say any thing to intimate her mistake? - A. No; not that I heard.

Court. Q. Was Barrett put to the bar? - A. No.

Court. Q. How came that? - A. Because he was one of our people.

Mr. Const. Q. After that, Aaron Withers was put up to be looked at, and then she fixed upon him? - A. Yes.

Q. Did not Aaron Withers come there voluntarily? - A. Yes, as far as I know.

Q. Do you know whether he came to the other prisoner openly, before all the parties? - A. Yes.

Q. And did not he stay there till near eight o'clock, with all the people? - A. No; he was in the yard with the people, and then he was put into the bar.

Mr. Knapp. Q. Who were the three persons that were put to the bar? - A. There were four put to the bar.

Q. Were the prisoners three of them? - A. Yes.

Court. Q. Who fixed upon Wale? - A. Mr. and Mrs Beresford, both.

Court. Q. Which fixed upon George Withers ? - A. Both of them when they were at the bar.

Court. Q. And which upon Aaron Withers? - A. Both of them.

Court. Q. Then, if I understand you right, although Mrs. Beresford had fixed upon Barrett, still both Mr. and Mrs. Beresford fixed upon all the three prisoners? - A. Yes.

JOHN BAKER sworn. - I am one of the patrols of Bow-street; I apprehended Henry Wale at his master's house.

Q. Did he say any thing to you? - A. He asked me what was the matter; I told him, I did not know what was the matter, but he was wanted; the other officer left me in care of him; I found one shilling upon him, and nothing else.

Q. You took him to Bow-street? - A. Yes.

Q. What part of the house did you take him in? - A. Lying upon the bed, in the lower part of the house, about one o'clock in the afternoon.

Cross-examined by Mr. Knowlys. Q. Did you search the house? - A. My partner did; there was nothing found there.

Q. No arms? - A. No.

Q. His master is a surgeon in Oxford-street? - A. Yes.

Q. A man of a fair character? - A. Yes.

The prisoners left their defence to their Counsel.

For Wale.

WILLIAM HENRY FINCH sworn. - Examined by Mr. Knowlys. I live at the Red-lion, at Paddington, as ostler.

Q. Who keeps the Red-lion, at which you live? - A. Mr. Darby.

Q. Are there two Red-lions? - A. Yes; one at Wilsden-Green, kept by one Townsend; Wale lives about three hundred yards from my master's house, as nigh as I can guess.

Q. Do you remember any day that you were sent for to do any thing? - A. Yes; on the 1st of May.

Q. How do you know it was the 1st of May? - A. Because it was a holiday, and he had asked me to come and help him to kill a pig for his master, Mr. Wale.

Q. Did you do that? - A. Yes; and staid with him till half an hour after one o'clock at noon.

Q. Did you see him at all after that? - A. Yes; I went home, and he came to me there between three and four o'clock, and I was helping a man to load a load of dung, and then I came in and staid with him till half an hour after ten o'clock at night.

Q. Was he absent during any part of that time? - A. Not above ten minutes or a quarter of an hour, and then I suppose he went out to make water.

Q. What time did he leave the house for good? - A. About half past ten, as near as I can guess.

Q. What sort of a holiday is this 1st day of May? - A. For gentlemen's servants; they come up to the Yorkshire Stingo.

Q. And you keep that day particularly, at Paddington? - A. Yes.

Q. Was there much company in the house that evening? - A. Yes.

Q. Do you know Charles Childers ? - A. Yes; he was there.

Q. Do you know John Andrews ? - A. Yes; a waiter there.

Q. Do you know John Reeve ? - A. A carpenter; he was there.

Q. Do you know John Macleod ? - A. Yes; a taylor; he was there.

Q. Do you know John Wyatt ? - A. Yes; he came there about half past nine o'clock, and stopped till ten, or a quarter past.

Q. Do you know Avis Ashley ? - A. Yes; she is a girl that sings, she was in our company.

Q. Was there a man of the name of Beadle there? - A. Yes, and his sister too.

Q. How far is the one mile-stone from your house? - A. About a quarter of a mile, as nigh as I can guess.

Q. The one mile-stone from London, on the Harrow-road? - A. Yes.

Q. Then the one mile-stone from Paddington must be one mile father? - A. As near as I can guess from what the gentleman said about being robbed, it was a mile and a half from our house.

Cross-examined by Knapp. Q. Had you known much of Harry Wale before? - A. Yes.

Q. Had you drank with him before? - A. Yes, often; I had seen him a great many years ago.

Q. Had you ever killed a pig for him before? - A. No; it was a great while back, if ever I did.

Q. This afternoon, you began sitting down to drink, at four in the afternoon? - A. Between three and four.

Q. And you never missed him till half past ten at night? - A. No; except ten minutes, or a quarter of an hour when he went out to make water.

Q. You are ostler at the inn, there were a good many persons there? - A. Yes.

Q. A good many horses? - A. There were some horses in the stable, but there are two of us.

Q. Then it was your turn to be idle? - A. Yes.

Q. And you never left the company? - A. Only for ten minutes or a quarter of an hour to make water.

Q. Tell us what quantity of liquor you drank in the course of the evening? - A. I cannot say; first of all we had ale, I cannot say how many pots of ale, but I recollect when the score came it was sixpence a-piece, and five pence was left for me.

Q. Did you spond but sixpence all that time? - A. We had paid for the ale out of our pockets as we had it.

Q. How many of you were there? - A. Five.

Q. Name them? - A. Robert Beadle , and his wife.

Q. Do you know the Withers's? - A. Yes, I have seen them.

Q. You have seen them in the neighbourhood of Paddington, perhaps? - A. Yes.

Q. When did you see them last in the neighbourhood of Paddington? - A. I did not take such particular notice as to tell.

Q. Did you see either of the Withers's at your house that day? - A. Not to my knowledge; I never saw them come in at all.

Q. The one mile-stone, I understood you to say, at first, was a quarter of a mile from your house? - A. Yes; the one mile-stone from London.

Q. Will you swear positively he could not be out more than ten minutes, or a quarter of an hour? - A. Yes.

Q. Across the fields to where the robbery was committed, is not above a mile? - A. It may be thereabouts.

Q. Then, if persons had been so inclined, they might have got the back way over the fields to that place where the robbery was committed, in less than a quarter of an hour? - A. Not to do the robbery, and come back again in the time; I am sensible they could not.

Q. At all events it is much nearer to go over the fields through the church-yard? - A. Yes.

Q. How many yards do you think you may cut off by going through the church-yard? - A. I suppose about two hundred yards.

Q. Do you know how many times he was absent during the course of the time you say you and him were together? - A. I cannot say.

Q. Was he absent two or three times? - A. He might.

Q. When was he out the longest? - A. When a man was playing the rogue, and taking another man's hat off, he went out to pacify him; that was about five o'clock, and that was the only time he went out, only to make water.

Q. And he was always that length of time making water, ten minutes or a quarter of an hour? - A. I cannot say; he might not be above ten minutes; I am sensible he was not out above a quarter of an hour.

JOHN DARBY sworn. - Examined by Mr. Knowlys. I keep the Redlion, at Paddington.

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

Q. Do you know the two Withers's? - A. Yes, by light.

Q. Did you see Wale at your house on any particular day? - A. May-day, in the evening, he was there all the afternoon.

Q. Is May-day a particular day in your village? - A. Yes; a very particular day.

Q. At any time in the afternoon were the Withere's there? - A. Aaron Withers came in about ten o'clock, and slopped a little while in the evening.

Q. Wale was there all the afternoon? - A. Yes; I saw him go out two or three times, and come in again.

Q. How long did he continue at your house? - A. From about half past five till about half past ten; I saw him go out several times; he might be gone about ten minutes, or a quarter of an hour, I cannot say how long; Charles Childers , Anderson, Ray, Macleod, Wyatt, Avis Ashley , and Beadle, were all there.

Q. Were these people in company together? - A. They were drinking together, some in one box, and some in another; Aaron Withers did not come in till about ten, but Harry Wale went off about half past ten or thereabouts.

Cross-examined by Mr. Knapp. Q. Are you certain you saw Aaron Withers there about ten o'clock at night? - A. Yes.

Q. Did he come in with any body, or by himself? - A. I cannot say; I believe by himself.

Q. Did you see George Withers? - A. No.

Q. Was Wale and Aaron Withers in company together? - A. They were together.

Q. Did they appear to be drinking together in the same company? - A. I do not know; Aaron Withers had a pint of beer only; whether they drank together, I cannot say, nor I did not hear any conversation between them.

Q. May-day is a very busy day at your house, I take it for granted? - A. Yes.

Q. You were very much engaged that day? - A. Yes.

Q. How many persons, think you, might be in your tap-room? - A. I cannot say; ten, or twenty, or more, perhaps, in the course of the day; there were some backwards in the parlour, and some at the door, and some in the tap-room.

Q. Who assists you? - A. Anderson.

Q. Business was so brisk, that you were both engaged in going to the different rooms? - A. Yes.

Q. It would be utterly impossible, I suppose, that you should be able to say how often each man went out, and how long he staid? - A. I cannot say.

Q. Will you tell us, if you recollect any other of the persons staying out the same length of time that you have described Harry Wale to do? - A. No; I saw Harry Wale go by me several times, and come in again; he has got a nack of saying, how are you, master, when he goes by me; he did that evening once or twice.

Q. Being so much engaged as you were, how is it possible for your to fix any particular time of their being absent, when your house was full the whole afternoon? - A. I cannot say, I never missed him.

Q. He might be out of the tap-room, and you not miss him? - A. He might.

Q. Are you sure he did not come to your house till half past five? - A. I cannot say; he was at the door sometime, I believe.

Q. How long had he been at the door? - A. I cannot say.

Q. Was he there half an hour? - A. He might.

Q. Then, I suppose, the first time you saw him was about five o'clock? - A. I suppose it was.

Q. You have told us every body that you recollect being in the tap-room? - A. Yes; those names that were asked me I recollected being there.

Q. How many ostlers had you? - A. Two.

Q. One person does one day's work, and the other takes the next turn? - A. No; they are both engaged.

Q. You had horses and chaises stop at your house that afternoon? - A. Yes; and one ostler was at the door, but Finch was with Wale.

Q. Had you any buggies? - A. No.

Q. Any taxed carts? - A. No; Finch is a man that the ostler mploys.

Q. Whose business was it on this day to look after the horses in the stable? - A. The ostler, not Finch.

Q. Then he was not upon duty that day? - A. No; he was not.

Q. He was in the tap-room a great part of the evening then? - A. Yes.

Q. Was he there before Harry Wale came in? A. I do not know.

Q. Were you there when Wale came in? - A. I was.

Q. Did Finc hcome in with him? - A. I cannot say whether he did or not.

Q. Do you recollect seeing the ostler in the taproom between three and four in the afternoon, sitting drinking at the table? - A. I do not know that I did.

Q. You do not know what time it was when the ostler first came into the room, or who came in to drink with him? - A. No; I remember Wale urging a woman of the name of Avis Ashley to sing a song, and sitting down by the side of her; that was the reason I noticed Wale more than any body else.

Q. Do you know where the robbery was committed? - A. I heard say it was at Chelsea-reach, but I never was there, I do not know where it is.

Q. You do not know how far it is? - A. I cannot give any idea how far it is; I have heard some say a mile and a half, and others two miles.

Q. You cannot speak, with any certainty, as to the length of time that Wale was out? - A. No.

Q. How long after was it that you were called upon to attend at Bow-street? - A. I believe on the Wednesday following.

Q. Did Finch go there to? - A. Yes.

Q. Withers and Wale both live at Paddington? - A. Yes.

Q. Who asked you to go to Bow-street? - A. Aaron Withers came to my house, and asked me to go and say that Wale had been in my tap-room that evening.

CHARLES CHILDERS sworn. - Examined by Mr. Knowlys. I am a basket-maker, I live with Mr. Haynes at Paddington.

Q. Do you know Wale? - A. Yes, I have seen him.

Q. Did you go to Bow-street? - A. I did.

Q. When did you see Wale before you went to Bow-street? - A. I saw him from five till nine, or half after nine o'clock on the first of May, at the Redlion, Paddington, Mr. Darby's.

Q. Was May-day a particular day? - A. Yes; it was a particular day, because I had two or three friends called there.

Q. What was Wale doing when you were at Darby's? - A. Drinking at the very next box to me; there was one woman particularly singing songs.

Q. Did you observe Wale there? - A. He was not absent, I will be upon my affidavit, more than ten minutes, or a quarter of an hour.

Q. He was no particular friend or acquaintance of your's, I believe? - A. No.

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

Q. Do you know Anderson? - A. Yes; he is a soldier and waiter there, he served this box with liquor.

Q. Was Darby at home that evening? - A. Yes.

Q. Do you know a man of the name of Macleod? - A. Yes, a taylor; he was there.

Q. Do you know John Wyatt? - A. Yes; he was there.

Q. Do you know a person of the name of Robert Beadle? - A. I cannot say I do.

Cross-examined by Mr. Knapp. Q. You are not particularly acquainted with Wale? - A. No.

Q. You have known him, however, some time? - A. Yes.

Q. What time did you come into the house yourself that afternoon? - A. I might come in between four and five.

Q. Was Wale there when you went in? - A. I do not think he was; but he came in afterwards, and I spent the whole afternoon there.

Q. You came in at the public door, did not you? - A. Yes.

Q. Did you see Wale at the door when you came in? - A. No.

Q. Nor did you see him in the next box when you saw him afterwards? - A. No.

Q. Did you see the ostler in the room, Finch? - A. Yes; he was sitting down at the side of the room, not in any box.

Q. Was he with any company drinking? - A. Yes.

Q. Who was he drinking with? - A. I cannot tell.

Q. Was not he drinking with this singing woman, and this company that we have heard of? - A. I cannot tell.

Q. When Wale came in, did Finch and he go into the same box together? - A. They were in company together after Wale came in.

Q. When Wale came in, did he join company and go into the same box? - A. I cannot say.

Q. Do you mean to say they were in the same box together in the course of that afternoon? - A. Yes; they were all very jovial from fix till about half past nine drinking together.

Q. Did you see him go out during that time? - A. I never saw him go out but twice.

Q. Do you think he went out about eight o'clock from the tap-room; will you swear that he did not? - A. I will swear that he was not absent out of that box above ten minutes.

Q. You will not swear that he did not go out about eight o'clock? - A. He might.

Q. How long, at a time, do you think he staid out at any one time; which was the longest time that he staid out from six to half past nine? - A. Not more than five or ten minutes at the longest.

Q. You saw the ostler there? - A. Yes.

Q. The ostler says he did not think he exceeded a quarter of an hour; now do you mean to agree with the ostler and slick to it, or say that he was not out above five minutes? - A. Five or ten minutes.

Q. Do you think it exceeded ten minutes? - A. No.

Q. Did you watch the time when he went out? - A. No; we were jovial and singing.

Q. You were attending to the songs? - A. Yes.

Q. Do you mean to be certain that he might not be out more than ten minutes or a quarter of an hour, when time passes so agreeably as it does upon these occasions? - A. I cannot say.

Q. Did you go to Bow-street? - A. Yes.

Q. Who applied to you? - A. On Tuesday morning, Mr. Darby came, and asked me what time I left the house.

Q. Did he ask you to go to Bow-street? - A. No.

Q. Who did? - A. Nobody; I went down to speak the truth, and nothing but the truth.

Q. Did any body apply to you to go to Bow-street? - A. No.

Q. Do you know the Solicitor for the defendant? - A. No.

Q. You do not know Mr. Groves? - A. I never saw that gentleman till the other night.

Q. Do you know that other gentleman? - A. I have seen him.

Q. Where does that gentleman live, does he live at Paddington? - A. I cannot tell.

Q. You came here under a subpoena? - A. Yes.

Q. Have you had any conversation with any body about this business since? - A. No.

Q. Recollect, if you have never had any conversation with any body? - A. No; only to speak the truth.

Q. You never told any body what you could say about it? - A. No; only to speak the truth, and nothing but the truth.

Q. You never told any body what you could say about it? - A. That gentleman served me with a subpoena.

Mr. Knowlys. Q. When did you first see that gentleman? - A. The night before last.

Court Q. What time did you go into Mr. Darby's house? - A. Between four and five.

Court. Q. How many people were in the box where you were? - A. Six or seven countrymen.

Q. How many in the next box? - A. I suppose, five or six more.

Q. How many in the room altogether? - A. I dare say there might be fourteen or fifteen.

Q. There was a good deal of hurry and confusion? - A. Yes.

Q. Were any of you in liquor at all? - A. I can not say I was very sober, but I was not so intoxicated as not to be sensible.

Q. I am not speaking of you particularly, but all of you? - A. I cannot say.

Q. Do you know a man of the name of George Withers? - A. Yes; but I never drank with the man.

Q. Do you know Aaron Withers ? - A. Yes. by sight.

Q. What are they? - A. Aaron Withers follows gravel digging.

Q. Were either or both of them there in the course of that night? - A. I saw neither of them there.

Q. Are you sure neither of them were there? - A. I did not see either of them.

JOHN RAY sworn. - Examined by Mr. Knowlys. I am a carpenter, in the Edgware-road, I lodged at Mr. Darby's about two months.

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

Q. Did you see him at Darby's house? - A. Yes, on May-day; about six o'clock in the evening I went in.

Q. How long did you stay in the public taproom? - A. Till about half past ten.

Q. How long did Wale stay? - A. Till about the same time.

Q. Was he there during the whole time, as near as you could observe? - A. Yes; within ten minutes, or a quarter of an hour, as well as I could observe.

Q. Did you ever miss him for any length of time? - A. I cannot say that I did.

Q. Do you know John Macleod ? - A. Yes; he was there.

Q. Charles Childers ? - A. Yes; he was there, and Finch the ostler.

Q. Was Wyatt there? - A. I cannot say whether he was or not.

Q. Do you know Avis Ashley? - A. Yes; she was there.

Q. Do you know Robert Beadle ? - A. Yes; he was there.

Q. How did Wale employ himself? - A. Drinking beer in good company.

Cross-examined by Mr. Knapp. Q. Do you know much of Wale? - A. No.

Q. Childers was in the same box with Wale, was not he? - A. I believe he was.

Q. Was he in the same box with you then? - A. No, he was not.

Q. Were you in the box next to Wale? - A. Yes.

Q. Do you think he was in the same box or not? - A. I do not know.

Q. You have lived in the neighbourhood a good while? - A. No, not a great while.

Q. Do you know the other two prisoners? - A. Yes, by sight.

Q. Did you see them at Mr. Darby's that night? - A. Yes; Aaron Withers came in and had a pint of beer.

Q. What time in the evening was it? - A. I cannot say.

Q. Was it dark when he came in? - A. Yes, I believe it was.

Q. Are you sure he was not absent long? - A. Yes; not more than a quarter of an hour.

JOHN MACLEOD sworn - Examined by Mr. Knowlys. I am a taylor, I have a stall at the Redlion.

Q. Do you know Wale? - A. I have seen him, and talked with him, several times, in our own house.

Q. Do you recollect any particular day that you saw him at Darby's? - A. The first of May.

Q. Do you know John Ray? - A. Yes; I saw him in the course of the evening.

Q. Do you know Charles Childers? - A. Yes; he was out and in all day.

Q. Is the first of May a more particular day than any other in Paddington? - A. As to Harry Wale . that day in particular, he was agreeable and merry.

Q. What was the first time you saw Harry Wale that day? - A. Five minutes under or over three o'clock, Harry Wale came into the house; and I do not know that I missed him for five minutes till five minutes under or over eight, and then I left the company.

Cross-examined by Mr. Knapp. Q. Are you sure he came in five minutes under or over three? - A. Yes, I am certain of it; because I had a particular reason for knowing it.

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

Q. Do you remember his coming into the house? - A. Yes; he was in and out, obligated to be about his business.

Q. He was in and out, as was his duty, to see after the horses? - A. Yes; and I do not suppose, that after three o'clock, he was out five minutes.

Court. Q. Then what did you mean by his being out and in about his business? - A. Before three o'clock, or it it might be, perhaps, a little after three.

Q. It might extend to four perhaps, might it not that he was looking after his horses? - A. I cannot say.

Q. Did not he go many times due and in? - A. I cannot say, I do not know that I missed him.

Q. But he might go out? - A. Yes; and very likely I might go out.

Q. Was Finch drinking the whole of the afternoon? - A. Yes, in the tap-room.

Q. Was he drinking with you? - A. Yes; he drank with the and drank with Harry. Wale.

Q. He drank with a good many people in the tap-room, at different boxes? - A. I suppose he might.

Q. How many boxes had you been drinking at that afternoon? - A. I do not know.

Q. And you came from a public-house here, did not you? - A. No.

Q. Have not you been in a public-house this afternoon? - A. Yes.

Q. Then why did you say you had not? - A. I was brought up to a quite different language, and there is a little lenity to be shewn in this business.

Court. Q. Did you see Wale come in? - A. Yes.

Court. Q. Who did he come in with? - A. By himself to the best of my knowledge.

Court. Q. Who did you observe come in next? - A. I came in next myself.

Q. But who else? - I cannot say.

Q. Did you see Finch come in? - A. Yes.

Q. Did he come in by himself? - A. I cannot say; I saw him come out and in.

Q. What all the afternoon? - A. No.

Q. After what time was it that Finch made one of your company, and did not work any more? - A. I cannot say, I am sure; I did not take such particular notice of that.

Q. How came you then to take such particular notice of Harry Wale , if you did not of Finch? - A. I asked Harry Wale to drink as soon as he came in.

Q. Is that the reason that you recollect he came in alone? - A. I do not know that he came in alone, he did as far as I know; he came in and sat down by me, however.

AVIS ASHLEY sworn. - Examined by Mr. Knowlys.

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

Q. Do you know Mr. Darby's house? - A. Yes; my sister rents a house of Mr. Darby.

Q. Do you remember being at Darby's house? - A. Yes.

Q. Do you know Wale? - A. I have seen him.

Q. Do you recollect being at Darby's house at any time, when he was there? - A. Yes; I saw him there from eight till between ten and eleven.

Q. What day was it? - A. May-day, in the afternoon.

Q. What were you doing there? - A. My master was out, and my sister was out, I had no place to go to, and I was obliged to be there.

Q. Do you know how long Wale staid there? - A. No; I cannot say how long, but he was never absent a quarter of an hour, nor five minutes, till between ten and eleven.

Q. Did you sing at all? - A. Yes; I often sing to oblige company.

Q. Did you sing that evening? - A. Yes; I dare say I song a dozen songs.

Cross-examined by Mr. Knapp. Q. You were there from eight till half past ten, during that time do you remember Wale being in the room all the time? - A. I never knew him absent all that time, that is all I have to say, from five minutes up to a quarter of an hour; that is all I can say.

Q. Do you know where this place is, where the robbery was committed? - A. Yes; but I do not know any thing of the distance.

Q. Were you in the company of Finch the ostler, that night? - A. Yes.

Q. Was he in the same box with you? - A. I cannot say, for I was in the box next the window, by the horse trough:

Q. You did not observe Finch then? - A. No.

Court. Q. Did you sit in the same box with Wale? - A. Yes.

Court. Q. And which box was Finch in? - A. I cannot tell.

Q. How many more were in the box with you and Wale? - A. A great many more, and a young man that was taken with Wale.

Q. How many were there, women and men? - A. Three or four the outside.

Q. Do you remember Withers coming in at night? - A. Yes, and drinking with him.

Q. What time did he come in? - A. I cannot say, indeed.

Q. How long did he stay? - A. I do not know.

Q. How came you not to recollect how long he staid, as well as how long Wale staid? - A. I only took notice of my own company; he sat on the other side of the room.

ROBERT BEADLE sworn. - Examined by Mr. Knowlys. Q. Do you know Harry Wale ? - A. Yes.

Q. Were you at Darby's house? - A. Yes; on May-day night; I went there between five and six.

Q. Do you know a girl of the name of Avis Ashley? - A. Yes.

Q. Charles Childers ? - A. Yes.

Q. Was Wale there when you got there? - A. Yes.

Q. How long did you stay at the house? - A. I never went out but once till half past ten.

Q. How long was Wale in the house while you were there? - A. All the time that I was, within ten or fifteen minutes.

Q. If he had left the house any length of time, should you have known it? - A. Yes; because I was solid and sober all the time; he was not above fifteen minutes the outside.

Q. I believe you were taken up on this charge? - A. Yes; and was discharged.

Cross-examined by Mr. Knapp. Q. Fifteen minutes was the outside you think? - A. Yes.

Q. How many were there at your box, drinking together? - A. Four or five - no, six.

Q. You seem so certain about the time of Wale's being absent, can you tell us how long Finch or Childers were out, or any body else? - A. I did not miss Finch above fifteen minutes at the outside; he might be out one time ten minutes, because he was under ostler, and he might go out and in upon business.

Q. Do you live at Darby's house? - A. No; I lodge just opposite, at the Green Man, I am a day labouring man, and dig gravel.

Q. Many horses came there that day? - A. No; not many.

Q. Were they put into the stable, or standing at the door? - A. I cannot tell, I was in the house.

Q. Do you know what became of the two Withers's? - A. I never saw one of them.

Q. You staid there till half past ten, and not see one of the Withers's? - A. No.

Q. Do you know Aaron Withers ? - A. Yes.

Q. Did you see him come into the tap-room in the course of that evening? - A. No.

Q. Then of course you did not see him drinking in the tap-room? - A. No.

Q. You did not drink with Childers nor Wale, nor any body in the tap-room? - A. No.

Q. If he had drank, of course you must have seen it? - A. yes.

JOHN ANDERSON sworn. - Examined by Mr. Knowlys. Q. You are quartered at the Red-lion, Mr. Darby's? - A. I was not quartered upon Mr. Darby.

Q. You were, however, attending there? - A. Yes.

Q. Do you recollect seeing Beadle at Mr. Darby's? - A. Yes; on Monday the 1st of May, I saw him as near as I can recollect, between three and four.

Q. How long did he stay there? - A. Till half past ten, or a quarter past ten.

Q. Did you observe him absent at that time? - A. I was absent myself, carrying out beer.

Q. Did you carry out any beer? - A. Yes; I carried a pot of beer to the turnpike-gate, about a quarter after eight, as near as I can recollect.

Q. When you left the house, to carry out a pot of beer to the turnpike-gate, did you observe whether Wale was in the room, or not? - A. Wale was in the room then.

Q. When you returned from the gate? - A. I suppose I might stop conversing at the gate, about twenty minutes: when I came back I found Wale in the tap-room again; I was ordered to take another pot of beer to the turnpike-gate, which I did, in about five minutes after, and while I was at the gate, Mr. Beresford passed; I then heard the alarm of the robbery having been committed.

Q. Did you stay any time at the turnpike-gate then? - A. Not five minutes.

Q. When you returned at that time, where was Wale? - A. In the tap-room.

Cross-examined by Mr. Knapp. Q. So you were absent then from a quarter after eight, for about twenty minutes? - A. Yes; with the first pot.

Q. It was not till you went for the second pot, that you heard of the robbery being committed? - A. No.

Q. Had you orders to take the first pot to the turnpike, at any particular time? - A. No; it was sent for.

Q. It was nothing extraordinary for a pot of beer to be ordered on May-day? - A. No.

Q. You do not recollect the delivery of any other particular pot of beer that day? - A. Yes; when beer is particularly ordered.

Q. But suppose it is not particularly ordered, then you do not pay an attention to the exact time when you take out every pot of beer? - A. I know that it was just at that time.

Q. Have you any clock in the tap-room? - A. No; there was one in the parlour.

Q. But you had not gone into the parlour to look at the time? - A. No.

Q. Can you six any particular time that you delivered a pot of beer where there was not a previous order for it on that day? - A. I recollect perfectly well, that the eight o'clock beer had then gone out, and this first pot that I carried, went after the eight o'clock beer.

Q. Do you know either of the other prisoners? - A. Yes, I do; both of them by sight.

Q. Did you see them on that day? - A. I saw one, Aaron Withers.

Q. Where did you see him? - A. He came into the Red-lion, at pretty near ten.

Q. Did he join the company of Wale? - A. I cannot say whether they drank together or not.

Q. But you are sure he came into the tap-room before ten? - A. Yes.

Q. Did you see Beadle there? - A. I do not know him.

Q. Suppose he had started that he did not come into the tap-room, he must be wrong, and you right? - A. He did come into the tap-room, and had a pint of beer.

Q. What are you? - A. A private in his Majesty's third regiment of foot guards.

For Aaron Witbers .

HENRY SISUM sworn. - Examined by Mr. Const. I am a brush-maker, at Wapping; I was at Paddington, on the 1st of May, my friends live there.

Q. Do you know Aaron Withers? - A. Yes; I saw him that day from between six and seven till nine o'clock, at the King's-arms, at Paddington, Mr. Barker's.

Q. How came he there? - A. I went and fetched him, by the desire of his father-in-law and mother, who were at Mr. Barker's house.

Q. Who came with him besides you? - A. Only me and his wife.

Q. Who were there at the time besides you? - A. John Saunders , his wife, and Joseph Love , and his father-in-law and mother; Aaron and his wife went away first; and his father-in-law and mother, and the rest, all went away together; and I saw no more of them.

Cross-examined by Mr. Knapp. Q. Do you know the other prisoner, Wale? - A. I know him by living in the same neighbourhood.

Q. Did you see him on that night? - A. No; I did not.

Q. He was not at Mr. Barker's? - A. Not to the best of my knowledge.

Q. Did you see the other prisoner that night? - A. No; not till the next morning.

Q. Did you take notice of the time particularly? - A. Yes; of Aaron Withers, I did, he went away about nine.

Q. Had you any watch? - A. No.

Q. Did you look at any clock? - A. No.

Q. Yet you are sure he did not go away till about nine? - A. No; but I took notice by what Mr. Barker said, and hearing the watchman afterwards.

Q. Is Mr. Barker here? - A. Yes.

WILLIAM POTTER sworn. - Examined by Mr. Const. I am a labourer: Aaron Withers married my daughter, on the 1st of May last; I was with him between six and seven o'clock till nine, at the King's-arms, in the Edgware road, Mr. Barker's.

Q. How happened your son-in-law to be there? - A. I went in with some acquaintances, my wife and I, they asked me how my son and daughter did, I said, I did not know; and they wanted to see them, and I sent Sisum over for them, and they came with him between six and seven o'clock in the evening; we staid till about nine.

Q. Had he been cut? - A. No; we came away; I desired him to go home, and go to bed; I went my way home, and they went their's; we parted at Paddington turnpike.

Q. Do you know where the Red-lion is situated? - A. Yes.

Q. How far from where you left him? - A. I cannot say.

Cross-examined by Mr. Knapp. Q. Was he absent any part of the time? - A. Not that I know of at all; I do not know whether he was out so much as to make water; there were a pretty many of us in company, and I cannot say.

ANN POTTER sworn. - Examined by Mr. Const. I had not seen my son-in-law a great while, and I sent a young man for him to drink, a pot of beer, and he came and his wife with him, that was between six and seven o'clock.

Q. Are you sure as to the time? - A. Yes, I am.

Q. How long did you all stay? - A. Till nine o'clock, I dare say.

Q. Did he stay there all that time? - A. Yes; I did not miss him five minutes, we came just out to the door together, and then parted.

Q. Are you sure of the day? - A. Yes; the 1st of May.

Q. How do you know it was about that time of night? - A. I looked at the clock.

JOSEPH LOVE sworn. - Examined by Mr. Const.

Q. Do you know Aaron Withers ? - A. I do not know him, only being in company with him the 1st of May, at night; I never was with him before in my life.

Q. Where were you in company with him that night? - A. At the King's-arms, at Paddington; he came there between six and seven o'clock.

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

Q. Who came with him? - A. His wife, and staid there till nine o'clock; I staid there, after them.

Q. Did he leave you during the time? - A. I do not remember that he was ever five minutes out of the house all the time.

JOHN BARKER sworn. - Examined by Mr. Const. I keep the King's-arms, at Paddington.

Q. Do you know Aaron Withers ? - A. Yes; I saw him on May-day last; his father and mother-in-law came into my house between four and five o'clock, and they sent for Aaron to come to them, and he came, and his wife with him, it might be then six o'clock.

Q. Tell us how long he staid there? - A. When I went to settle the reckoning, it wanted twenty minutes to nine, and they had another pot of ale while they were having in the reckoning, I went down to draw it, and the boy was drawing the half past eight o'clock beer, and I looked at my watch, and told him he would be very late; they all went away together just after nine.

Q. Do you know the place where this robbery was committed? - A. No, I cannot say; from what I have heard say, it is very near a mile and a half; I do not think he was out of the house at all, I

never missed him out, I was attending three companies in the parlour in the same room.

Cross-examined by Mr. Knapp. Q. He might have gone out and in again in that time? - A. He might.

WILLIAM DALLIMORE sworn. - Examined by Mr. Const. I am a shoemaker, at Paddington; I know Aaron Withers: On the evening of Mayday, I remember seeing him cross Chapel-street, near twenty minutes before eight o'clock at night, he was going the back way to the King's-arms; I saw him go in along with Harry Sisum.

Q. How do you know it was twenty minutes before eight? - A. Because I was obliged to go to visit a sick member of a benefit society that I belong to, and I was obliged to be there before eight o'clock; I was there two minutes before the time.

Q. Who was with him? - A. Harry Sisum .

Q. Any body else? - A. No.

Court. Q. And you are sure it was twenty minutes before eight? - A. As near as possible.

Q. And it was twenty minutes before that, that you saw him? - A. Yes, as near as I can guess.

For George Withers .

JOHN CLARKE sworn. - Examined by Mr. Const. I work for a potato-merchant, Gerrard-street, Soho; I was at Paddington about half past seven at night, on May-day; George Withers and I went from London to Paddington, about six o'clock; I live at Paddington, and he called upon me in Bedford-bury, where my horse always stands; we got to the Key, in Bell-street, a quarter before eight.

Q. Was any body else with you? - A. We met with two young men, John Batchelor and James Batchelor , at Paddington, and we all went together to the Key, and there was my sister, Ann Clarke , and Ann Batchelor ; there were six of us altogether; we left the Key about half past eight, and went to the King and Queen, on Paddingtongreen; we got there about twenty-minutes before nine, and staid till half past ten, and then we went back as far as the Key, and there we parted.

Q. Did Withers leave your company, from the time he called upon you in Bedford-bury, till you parted at the Key? - A. No.

Q. That night did you see Harry Wale ? - A. No.

Q. Nor Aaron Withers? - A. No.

Cross-examined by Mr. Knapp. Q. Are you at all related to Withers? - A. No.

Q. How happen you to recollect this particular day-were you at Bow-street? - A. Yes.

Q. Who desired you to go to Bow-street? - A. I was sent for by George Withers himself.

Q. Have you been long acquainted with him? -I never had any acquaintance with him, except being at work with him.

Q. Was Wale and he acquainted pretty much? - A. I do not know.

Q. You have no particular acquaintance with Wale? - A. Yes; I have known him some time.

ANN CLARKE sworn. - Examined by Mr. Const. I am sister to the last witness; I work at my needle; on Monday evening, May-day, at eight o'clock, I left my work, and went to Paddington, and there I saw George Withers , at the Key, in Bell-Street, and two or three more that went from town with me; three young women that worked with me, they are not here.

Q. Who was with George Withers there? - A. Two brothers of the name of Batchelor, and my brother, was there, that was about a quarter before eight, and there we were till past ten; I did not go in but my brother went, and fetched George Withers out, and then we went to the King and Queen, and came back to the Key.

Q. How many of you went to the King and Queen? - A. George Withers, my brother, myself, the two Batchelors, and their sister Mary Batchelor .

Cross-examined by Mr. Knapp. Q. You did not go with your brother to Paddington? - A. No.

JAMES BATCHELOR sworn. - Examined by Mr. Const. I work with Mr. Cooper, a scavenger, at Westminster; I was at Paddington, on May-day, between seven and eight o'clock, at the corner of the New-road.

Q. Do you know George Withers? - A. Yes; I saw him between seven and eight O'clock coming along the road with John Clarke; I went with him up to the Key, in Bell-street, and had a pot of beer, there was Mary Batchelor my sister, and John Batchelor my brother, who staid at the Key till half past eight o'clock, as near as I can guess, and then we went to the King and Queen.

Q. Who was with you at the King and Queen? - A. My brother, and my sister, and John Clarke , and I, and George Withers.

Q. Do you know Clarke's sister? - A. Yes; she was with us.

Q. Was she with you at the Key? - A. Yes.

Q. How long did you stay at the King and Queen? - A. Till between ten and eleven.

Q. All that time, was George Withers with you? - A. Yes; and then we went to the Key again.

Q. And all this time, George Withers was with you? - A. Yes.

JOHN BATCHELOR sworn. - Examined by Mr. Const. I am a labourer; I know George Withers , I went with him on Monday, to the Key, in Bell-street, and Clarke and his sister, and my brother

and sister, we staid there till about half past eight, as near as I can guess, we were altogether; then we went to the King and Queen, and as near as I can guess, I left them there about ten o'clock.

Q. Had Withers been with you from the time you first saw him? - A. Yes, all the time.

Cross-examined by Mr. Knapp. Q. Ann Clarke went into the Key, did not she? - A. Yes; we all went in together.

Q. Ann Clarke and all? - A. Yes; we all went in together.

MARY BATCHELOR sworn. - Examined by Mr. Const. Q. Do you know George Withers ? - A. Yes.

Q. Did you see him any where on last May-day? - A. Yes; about a quarter after eight in the evening, at the Key, in Bell-lane, he was sent for out.

Q. Do you know by whom he was sent for? - A. No, I cannot say.

Q. When he went out, did you go at the same time? - A. Yes.

Q. You and your brother? - A. Yes.

Q. Was John Clarke and his sister there at that time? - A. Yes; we then all went to the King and Queen together, in the Harrow-road, and staid there till between ten and eleven o'clock, as near as I can guess.

Court. Q. How came you to remember it was the 1st of May? - A. Because it was a particular day.

Mr. Const. Q. Where did you go to after? - A. We came back again to the Key, and had a pot of beer and parted.

Q. Are you sure that Withers was with you all this time? - A. Yes.

Q. Who was there besides him? - A. My brother was in at the Key with him; Ann Clarke staid outside the door with me, to wait for them.

Q. Who was with Ann Clarke? - A. My brother.

Q. Who had you besides your brother and you, and Ann Clarke? - A. There were three or four young men, acquaintances of Clarke's, but they did not stop, they went home.

JAMES LEWER sworn. - Examined by Mr. Const. I keep the Key, in Bell-lane.

Q. I do not know whether you remember George Withers being at your house on the 1st of May? - A. Yes; he was there.

Q. Who was the party? - A. A man of the name of John Clarke; I do not know any of the others; I knew all the three prisoners by sight.

Q. What time was it that he left your house? - A. About ten minutes from that to half past ten.

Q. Do you remember their being there earlier? - A. I was informed Withers was there earlier, but I did not see him; I saw John Clarke there, a little before we lit candles.

Court. (To Finch.) Q. You told us, that you were with the prisoner at the bar all the afternoon? - A. Yes.

Q. Did you see either of the Withers's there that afternoon? - A. Not to my knowledge.

Q. I think you swore that neither of them were? - A. No; I said to the best of my knowledge.

Henry Ellison, GUILTY Death . (Aged 27.) Aaron Withers, GUILTY Death. (Aged 26.) George Withers, GUILTY Death. (Aged 23.) Aaron Withers was recommended by the Jury, to his Majesty's mercy, on account of Mrs. Beresford fixing on another person .

George Withers was recommended by the Jury, on account of Mr. Beresford being less positive to him than the other two, and also by the prosecutor, on the ground of his telling Mrs. Beresford she should not be hurt .

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

Reference Number: t17970531-37

396. ELIZABETH STERLING was indicted for feloniously stealing, on the 17th of May , a silver watch, value 3l. and a steel watch-chain, value 6d. the property of Henry Foreman .

HENRY FOREMAN sworn. - I am a cabinetmaker, a journeyman : I met the prisoner at the bar near Bridges-street, the corner of Russel-street, she took me to Little Catherine-street, to a house called the Dark-House , John Robins was with me, it was a public-house; after sitting some time, I pulled out my watch to see what was o'clock, and the prisoner snatched the watch out of my hand, it was a silver watch, with a steel chain, and put it into her bosom; three men rushed in and assisted her in making her escape, one of whom, I understood lived with her, they prevented me pursuing her; the young man that was with me jumped over the table, but was prevented going after her; I did not go to her lodgings till a fortnight after; the mother of the girl brought me a letter, and I got a constable and detained the mother, and she took us to her lodgings, she was getting her breakfast, and the man was in bed who assisted her in making her escape; I saw the watch in the pawnbroker's hands, the pawnbroker has it now; I know the watch by my father's name being on the back, and my name on the pendant ring; the chain was taken off and a piece of string fixed to the watch, I can swear to the watch; she was in my company about three hours, I have no doubt of her person, it happened on the 17th of May.

Prisoner. I was in company with those gentlemen three or four nights before this happened; he put the watch down my bosom.

Court. (To Foreman.) Q. Were you in company with the prisoner before this happened? - A. Yes, once at the a-la-mode-beef-house; I was perfectly sober at the time.

JOHN ROBINS sworn. - I am a gentleman's servant, I am not in place now, I lived with Mr. Steward last, No. 1, Dean-street, Tooley-street, in the Borough, as footman: I was in company with Henry Foreman at the time he was robbed; I met him at the corner of Russel-street, at the top of Bridges-street, I went to the Dark-House with him and the prisoner; I had not been with him above two hours before she took the watch, we were drinking with the girl; Foreman pulled the watch out to see what was o'clock, and the prisoner snatched it out of his hand, and there came three or four men and assisted her in making her escape; I jumped over the table in pursuit of her and she was gone; I saw her about a fortnight afterwards at her lodgings in Johnson's-court, I saw the same man as was there at the time the watch was taken; I have seen the watch since in the pawnbroker's hands, I know the watch sufficiently to know it again, the chain I have never seen since; there is a piece of string tied to the watch.

Jury. Q. Was the prosecutor and the girl acquainted before this? - A. There was an acquaintance; we were at the a-la-mode-beef-house two or three nights before.

GEORGE GOLDEY sworn. - I am a pawnbroker: I produce a silver watch, I took it in of a man who said his name was James Simmons; it was pawned on the 18th of May, it had nothing to it but a piece of string and a key, I have kept it ever since; I lent one pound fifteen shillings on it, I gave a duplicate with it.

Jury. Q. Had you received any pledges from that man before that? - A. I cannot say I ever did.

PATRICK MACLEOD sworn. - I am an officer: I apprehended the girl, I got the duplicate of the watch at her mother's; I know nothing more. (The watch produced).

Henry Foreman. This is my watch, my father's initials, J. F. is upon the back of it, and here is H. F. here.

Prisoner's defence. I was in company with them three or four nights before this, and we went to an a-la-mode-beef-shop; and a night or two after that, I met with those young men in Drury-lane, and we went into a house and had something to drink, and then they went and bought us some pies, and took them to this Dark-House; he took the watch out of his pocket and put it down my bosom, and they sung two or three songs after I had the watch; he was very much in liquor at the time. I sent him a note to know if he would accept of the watch again; he said, he would not without I would give him a guinea.

Court. (To Foreman.) Q. Did you offer to make this up for a guinea? - A. No; I have a gentleman here to prove it; the note said, if I would accept of half-a-guinea and the duplicate, and half-a-guinea by instalments, they would call and settle it; I would have nothing to do with it.

JOHN TISSLEY sworn. - Q. Did you receive any note from the girl? - A. I received a letter from one of the young men, purporting that if the young man would accept of the duplicate and half-a-guinea, and half-a-guinea by instalments, they would call and settle it.

Court. Q. Did the prosecutor agree to settle it? - A. He wished to have his property, he did not wish to take any hostile steps.

GUILTY (Aged 18.) Transported for seven years .

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

Reference Number: t17970531-38

397. HENRY BARTHOLOMEW PALMER , HANNAH PALMER , and MAURICE STANDFORD were indicted for that they, on the 27th of May , one piece of base coin, resembling the current coin of this realm, called a half-crown, falsely, deceitfully, and traiterously, did colour, with materials producing the colour of silver .

They stood charged upon five other Counts with the same offence, only varying the manner of charging them.

(The case was opened by Mr. Fielding.) EDWARD ROGERS sworn. - I am a Police-officer, belonging to the office at Shadwell: On Saturday last, the 27th of May, in consequence of an information, I was desired by the Magistrates to go to the Feathers, a public-house, in King-street, Seven-dials ; I had in company with me Taylor, Haynes, Elby, and Richardson, it was about the hour of three, a little before or after, on a Saturday afternoon; I desired Haynes and Richardson to place themselves, one at the front, and the other at the back-door of the house; I immediately ran up stairs, and Taylor and Elby followed me; when I came near the door, the back room-door of the two pair of stairs, I went up very easily, and listened at the door, I did not make any noise, and I tried very gently to see if the door would unlatch, and finding it would not, I put my shoulder to the door and burst it open; there was a bed in the room just facing the door, and the first person I saw was the woman at the bar sitting upon the bed-side, and there was set before her a bason, either upon an old chair or a stool, in which there were shillings and sixpences; there were different sorts of money found; in this bason there were shillings and sixpences

mixed with some sort of liquid, and she had a sixpence at the time between her fingers. Henry Bartholomew Palmer was nearest the fire, he was upon his legs, he had money in his hand, but whether it was a shilling or a sixpence I will not be positive, he instantly dropped it. Maurice Standford was at the left-hand side of the room, sitting at the door; but at the time I went in he instantly got up and dropped the money he had in his hand; the woman tossed the bason on the floor and broke it. Taylor, Elby, and myself, laid hold of the men in order to secure them (for they followed in a few seconds after I had burst the door open); we endeavoured to secure the men, there was some resistance, but no blows, they pushed us about but did not strike us, they put their hands in our handkerchiefs and endeavoured to get away; we secured them, and got them hand-cuffed; during the time we were struggling with the men, the woman laid hold of a bottle and run to the window, and pushed her hand against the casement window and it opened; she threw the bottle out, and some other things that she had been pretty active in throwing out, they were in parcels; there was a smart fire in the room, and upon the fire there was a gridiron, and upon the gridiron there was charcoal laid over the bars of the gridiron, and either one or the other of the parties threw the gridiron off the fire; near the fire I found some bad money, unfinished money; and the money that was in the bason that was before the woman, as much as was not thrown away, I picked up and put into my pocket; there was another bason in the room which I ordered Taylor to take the money out that was in it, (produces the money and other articles); this is the whole of the money that was in the bason, except the two or three shillings that I found by the fire-side. I also got this paper, containing these different articles, brick-dust, bread, and different things; also a cloth, which is called a scouring-cloth, which Richardson took out of the bed, and out of the cloth I took half-a-crown, three shillings pieces, and a sixpence; in that cloth there is falt, and some other articles; we found a pot in the room, with a bason with some sort of liquor in it, but in the scuffle most of the liquor was spilled, but what remained I ordered Richardson to take care of; we brought the prisoners to the Public-office, Shadwell.

Court. Q. Who keeps the Feathers public-house? - A. It is kept by William Mason .

Q. Did you find any cork? - A. I did not.

WILLIAM TAYLOR sworn. - I am a Police-officer: I was employed in consequence of an information to go to the Feathers public-house; we got into the room, Rogers went in first, I followed him instantly; Rogers said, oh, I have catched you at work, have I; Elby followed me directly into the room; I immediately saw a bason stand at the foot of the bed, with liquor in it, and the woman sitting on the side of the bed; I saw the other two prisoners nearly close to the fire, there was a fire, and a gridiron upon it all covered over with charcoal; the men endeavoured to get away from Rogers and Elby; the woman went to the fire-place, took the gridiron off, and threw a bottle out of the window; I immediately called for Richardson to come up stairs, when he came up stairs the men resisted very much; I saw the shillings, the sixpences, and a dollar, lying upon the floor; I did not see either Palmer or Standford have any thing in their hands, I saw a dollar and some sixpences lay upon the floor where they both stood; we got them all secured, and looked about the room, and found a gallipot, it was full of a greenish mixture, and Palmer knocked it out of my hand and broke it into many pieces, the pot we got clear away; these are what I found, here are dollars, half-dollars, shillings, and sixpences, I found them at the foot of the bed; at the time when I found them they were white, the shillings, sixpences, and half-crowns, all entirely white; the woman was rubbing something between her fingers; I found nothing more.

Q. What state were the hands of those people in? - A. They were in a greenish state; my hands were as green as theirs by handling the money.

CORNELIUS RICHARDSON sworn. - I was of the party with Rogers: I found this pot, and some dollars, half-dollars, half crowns, sixpences, and shillings, I found them under the bed; the brush was thrown out of the pot, I picked it up and put it into the pot, the contents were of a green liquid.

- ELBY sworn. - If found a counterseit dollar, and four other base pieces of metal, and a file with a piece of cork at the end.

Q. (To Rogers.) Did you try any of the pieces with the materials that were there? - A. When I was before the Magistrates I tried the liquid in the presence of the prisoners, with a little of the falt, and the other stuff that is in this cloth, and it produced from these red blanks something exactly of the colour of shillings and sixpences; aquaforts is certainly some of the composition.

Q. At the time you saw the woman she had something between her fingers? - A. She had a sixpence between her fingers in this state, fit for circulation at the time; there were some of each kind fit for circulation; when they are dry they are fit for circulation, but there were some not dry.

RICHARD FRANKLIN sworn. - Q. Look at that

money? - A. These are counterfeits, but they resemble the current coin of the kingdom.

The prisoners did not make any defence.

H. B. Palmer GUILTY Death . (Aged 34.) M. Standford GUILTY Death . (Aged 37.) Hannah Palmer NOT GUILTY .

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

Reference Number: t17970531-39

398. JOHN SMITH was indicted for feloniously stealing, on the 13th of April , four pieces of fir timber, value 160l. the property of Charles Ferguson and Thomas Todd .

(The case was opened by Mr. Trebeck.) CHARLES FERGUSON sworn. - I am a mast-maker , I have a partner, his name is Thomas Todd : On the 13th of April, I missed the masts mentioned in the indictment, they had been in a private dock which we made to accommodate ourselves; and, to prevent the masts going adrift, we placed an old mast, that was condemned, to hinder them going out; the dock was wet or dry, as the tide came down. On the Sunday I saw them, I marked them with my own hand, all of them; we had them from Mr. Osborn, from on board the ship Empress of Russia; Mr. Mills, the rafter's man, brought them, and he set his mark apon them; in consequence of some information I received, I went in pursuit of them; I went to a lane nearly opposite Hungerford coffee-house, and there I saw best part of the property I had lost; two of them were cut up into two foot and a half, and three foot lengths, it was on the Thursday before Good-Friday; I missed them about twelve o'clock at noon, and I got there a little after four in the afternoon; I found them on Mr. Germaine's premises; the two masts that were cut up were valued at one hundred pounds; I took Germaine into custody; I have no doubt but the short pieces of wood were part of the masts, because the number and contents all agree with my book; there is a piece in particular that has R.T. upon it, and another marked 82, which I rased with my own hand the day we bought them; there was considerably more of it upon Germaine's premises.

Q. Did you search after any person you supposed to be the thief? - A. We had constables all about the town.

Cross-examined by Mr. Knowlys. Q. The only mark you put upon it was R.T. and the contents? - A. Yes; most watermen in the river Thames know our mark; I found only two masts at Germaine's, but we lost four.

Q. Have you since found those two other masts? - A. We found them the same evening made fast at Temple-stairs.

Q. Does not timber of this description frequently get afloat? - A. A gale of wind will occasion it often, (and we cannot guard against it); small timber, that runs from about sixteen to twenty feet long will get afloat, but not timber of such magnitude as these are.

Mr. Trebeck. Q. Was it such a stormy windy night that it was impossible to prevent them getting adrift? - A. No; they were fastened to a boom, and that boom we found fast, and exactly in the situation we left it; if the boom had gone adrift, I should naturally have supposed it was caused by some accident, but the boom being made fast, I concluded they must be stolen; this is the wood I lost.

JAMES MILLS sworn. - I am a timber-rafter, I raft almost all the timber that comes to the London market: A short time preceding the 13th of April, about the middle of February, we delivered twenty-two masts, which Mr. Osborn had purchased from the ship Empress of Russia, to Messrs. Ferguson and Todd; we mark all the timber we take from the ships, I had marked that, (the timber produced); my mark is not upon that timber, but I know this mark to be Messrs. Todd and Ferguson's.

Cross-examined by Mr. Knowlys. Q. I believe you lose a good deal of timber by drifting? - A. Yes.

Q. How much in the course of a year? - A. From fifteen hundred to two thousand pounds a year; but it is not all of it of this description.

WILLIAM THOMPSON sworn. - I am an apprentice to a waterman, James Knight : I know the prisoner at the bar, and Isaac Wood , I saw the prisoner and him coming up one night between twelve and one, I cannot tell the day, off Queenhithe, they were rowing up some timber a-stern of their boat, I was rowing by them, I am sure it was the prisoner; after I saw them off Queenhithe, I rowed past them; it was not light, it was rather darkish.

Cross-examined by Mr. Knowlys. Q. You were about your honest employment were not you at that time of night? - A. Yes.

Q. The waterman pick up a great deal of timber? - A. Some of them do.

JOHN WHITE sworn. - I live with Messrs. Wood and Company; their wharf is at the bottom of Northumberland-street, Strand, it is near the premises of Mr. Germaine; all the goods that come to Germaine's, come off that wharf; I know the prisoner, and I know Isaac Wood, I saw them both on the 13th of April, about one o'clock in the morning; I saw them bring two masts at the stern of their boat, and make them fast along-side of my master's wharf, I was very near to them, they rowed down the river again towards Somerset-house; and afterwards they returned, and landed at Hungerford-stairs; I am quite sure it was Smith and Wood; I called Mr. Germaine up at high water, it was a little after two o'clock; he got up, and

towed it aground, and between five and six, they began to land it, I cannot directly say how many assisted in landing it, there might be six or seven; I saw them land it on Germaine's premises; I am clear they were taken to his premises, I assisted in taking them, they were in the way of my master's carts; I never saw Smith after that time to my knowledge; I was desired to go in search of Smith, but I did not go; I believe he lives at the next door but one to the Swan, Hungerford-market.

Cross-examined by Mr. Knowlys. Q. This was landed publickly in the morning, when there were thirty or forty people by? - A. Yes; there were upwards of thirty or forty people there, there was no secret made about the landing.

Q. Are you sure they only came with two masts? A. I saw them bring the two masts in question, I never saw any more after that.

Mr. Trebeck. Q. When those masts were fastened to Mr. Wood's wharf, were there thirty or forty people by then? - A. No; there was nobody in sight to my knowledge.

JOHN SWEETLAND sworn. - I worked with Mr. Germaine, in April last; I remember the time this wood was landed; I have known Smith for some years; I had seen him some few days before this wood was landed, I had no conversation with him, I saw him and Germaine together; I heard Mr. Germaine say, and Smith was present, fifteen shillings or fifteen pence the foot, I don't know which.

Cross-examined by Mr. Knowlys. Q. You have seen Smith a thousand times in company with Germaine? - A. Yes.

Mr. Trebeck. Q. Did you see Smith after this wood had been landed? - A. I did, in the same place.

Q. (To Mr. Ferguson). Is fifteen pence a foot at all the value of that timber? - A. Fifteen shillings a foot is.

WILLIAM GERMAINE sworn. - Q. You stood under an accusation the last session, for the county of Middlesex? - A. Yes.

Q. Tell us all you know of this transaction? - A. Mr. Smith applied to me some days prior to the timber coming, I believe it was on the 11th of April, he said, he had been down below bridge, Deptford, that he had met a captain Rowe, who told him he had got two masts on his hand, that his ship was cleared and in dock, and he was going home; I asked him what the captain asked for it; he was more than I could afford to give for it; he came to me the next day about it; I told him if he would send it me at fifteen pence a foot, I would have it; he told me one of the sticks had a defect in it at the butt end; he told me if the captain would take the money, he would bring it the next tide; some timber was brought the next tide.

Q. Was that timber brought the next tide, that Mr. Ferguson found upon your premises cutting up? - A. Yes; I paid him for the timber.

Q. Do you know the value of mast timber? - A. I knew it was more than I could afford to give, for making of laths.

Cross-examined by Mr. Knowlys. Q. How long were you sentenced to be in prison? - A. One year.

Q. I ask you this, have you not some hopes, on making such a discovery, of being liberated? - A. I have hopes of being liberated; I have no desire of punishing the prisoner.

Q. Then you hope to be liberated sooner than you are sentenced? - A. I should be very happy.

ROBERT BERESFORD sworn. - I am an officer belonging to Bow-street: I went in search of the prisoner; I went several times to his house, but I could not apprehend him; he was at last found by the means of a public advertisement.

Prisoner's defence. I have a man as a witness, that saw me pick up the timber.

JOHN IZZARD sworn. - Examined by Mr. Knowlys. - Q. What are you? - A. I am a fisherman; I know Smith very well: Between two and three o'clock, on the 13th of April, seeing a boat coming up, I hailed the boat; he said it was John Smith ; he had a mast fastened to his boat, I saw another mast afloat, driving up with the flood tide, he was rowing after that likewise; sometimes you may see forty sticks of timber adrift; he said, he was going to make it fast, in order to find an owner, or take it to the water bailiff.

Q. There is a reward given? - A. You are allowed a salvage, but when you take it to those water bailiffs, you never get any thing for it; it is a common thing to see timber adrist, when I see it, I generally lay hold of it; I have taken up some hundred sticks; I am quite certain that this happened between two and three o'clock, day light was beginning to appear.

Q. Then if any body had taken timber as far as Hungerford, between twelve and one o'clock that night, it could not have been that timber? - A. That I cannot swear to.

Cross-examined by Mr. Trebeck. Q. Did he say any thing about bringing that timber from a captain of a ship? - A. He said nothing, there was another person in the boat with him, a man of the name of Wood.

JOHN NASHBROOK sworn. - I am a waterman; I have known Smith about nine years; he has always been industrious; I worked with him when I was a journeyman.

ISAAC FARLOW sworn. - I am a waterman and lighterman; I live at Hungerford-market; I have

known Smith between thirty and forty years; he has always borne the character of an honest and trusty man, I have trusted him with goods to a great amount.

ANTHONY LEAR sworn. - I am a weaver; I have known the prisoner very near five years, I have trusted him with many pounds.

TIMOTHY HIGGINS sworn. - I live at the Old-swan, I am landlord; I have known Smith for seven years, he has always bore a very good character.

HENRY KING sworn. - I have lived at Hungerford-market, upward of eight or nine years, he has always bore a remarkable honest character.

JOSEPH RICE sworn. - I live at Walworth, I am contractor for the City toll; I have known him for ten years, I never knew any harm of him.

WILLIAM HERMITAGE sworn. - I am of no business; I have known Smith four or five years, I always thought him a very honest man.

GUILTY (Aged 51.) The Jury recommended him to mercy, on account of his good character .

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

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

Reference Number: t17970531-40

399. RICHARD CALCOTT was indicted for feloniously stealing, on the 24th of May , one leather pocket-book, value 4d. and one bill of exchange for the payment of 26l. 15s. 6d. the property of James Newsom .

(The case was opened by Mr. Watson.

SAMUEL JACKSON sworn. - I am clerk to Mr. Newsom, he lives in Russell-street, Bloomsbury; I was directed on the 24th of May last to go to the Seaman's Office, Royal Exchange, to receive a bill of 7l. 8s. 6d. I asked that lad (the prisoner) the way to the office, I met him close by the office, and he, under pretence of shewing me the way, went up stairs with me; I felt something at my pocket; I immediately turned round, and there he was, running down stairs; I missed my pocketbook, and I ran after him and called out, stop thief, several times, I pursued him as far as Lothbury, I never lost sight of him; there was a gentleman pursued also, and when he saw himself closely pursued, he threw the pocket-book behind him; I saw him throw it away, I picked it up, and the gentleman pursued him and caught him; the book contained several bills.

Q. Did it contain one for 26l. 15s. 6d.? - A. I believe it did (the bill produced); that is one of the bills, I am sure of it, the date is May 22, 1797, it is directed to Mr. Charles Mills , jun. Grange, Bermondsey, (the book produced); this is the book.

Court. Q. What is the value of the pocketbook? - A. Four-pence, it is the property of Mr. Newsom.

GEORGE PEPYS sworn. - I recollect being in Lothbury, on Wednesday the 24th of May; I heard the cry of stop thief; I turned about, and I saw a man drop a red pocket-book; the prisoner at the bar is the man; I have no doubt about the person, the young man had the pocket-book again, I called out stop thief, and he was secured.

JAMES NEWSOM sworn. - Samuel Jackson is my clerk, and this is my book.

Q. Do you happen to know whether your clerk had the care of that book on the 24th of May last? - A. I was out of town at the time; I know the book to be mine, it has never been out of my possession since.

Court. Q. Was it ever delivered to that young man, Jackson? - A. Every day.

Prisoner's defence. I have nothing to say, I leave it to the gentlemen, I have nobody here but my father.

GUILTY of stealing the book .

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970531-41

400. JOHN LYNSON was indicted for breaking and entering the dwelling-house of Vernon Ley , no person being therein, about the hour of four in the afternoon of the first of May , and feloniously stealing a woollen blanket, value 7s. 6d. a linen sheet, value 1s. 6d. two pillows, value 3s. two linen pillow-cases, value 1s. a calico gown, value 4s. a cotton bed-gown, value 6d. two linen shirts, value 4s. a check linen apron, value 6d. two pair of cotton stockings, value 2s. a pair of worsted stockings, value 1s. two neck handkerchiefs, value 2s. six women's caps, value 2s. 6d. a cotton night cap, value 2d. two shoe brushes, value 8d. a pair of women's linen pockets, value 1s. five yards and a half of gauze lace, value 3s. and a bead necklace, value 6d. the property of the said Vernon Ley .

VERNON LEY sworn. - I live at No. 2, in a court, in Cripplegate , I am a house-keeper there: On the 1st of May, I left my house between nine and ten o'clock in the forenoon; I left nobody in the house, I left all secure; I returned about six o'clock in the evening, and found this staple, and the hasp that goes on it and is fixed with a lock, broke, and thrown upon the stairs; the door was close too, but

there was nothing to prevent any person opening it; I examined my house, and I found my property had been taken away; there was a blanket off my bed, a pair of pillows and two cases, and a bed-gown belonging to my wife, and various other things; he was taken in the court with the property on him; I have no knowledge of the prisoner.

MARGARET LEY sworn. - I am the wife of Vernon Ley: On the 1st of May, I went out at five o'clock in the morning, I did not return till near ten in the evening, my husband told me we had been robbed, he said, I must come and own the things, because he did not know them so well as myself; I missed a double handkerchief, a sheet and a blanket, three pair of stockings, two neck handkerchiefs, a pair of pockets, and five yards and a half of lace.

Court. Q. State all you missed, and the value of them? - A. I missed one blanket, value 7s. 6d. a linen sheet, value 1s. 6d. two pillows, value 4s. one bed-gown, value 6d. two shirts belonging to my husband, value 2s. a piece, one calico gown, value 4s. one check apron, value 6d. two pair of cotton stocks, value 2s. one pair of worsted stockings, value 1s. two neck handkerchiefs, value 2s. six women's caps, value 2s. 6d. one cotton nightcap, value 2d. two shoe-brushes, value 8d. one pair of women's linen pockets, value 1s. five yards and a half of gauze lace, value 3s. one pair of bead-necklaces, value 6d.; those articles were all taken away, I never saw the prisoner before, I know nothing of my own knowledge of his taking these things.

JOHN GIBBS sworn. - I live next door to the prosecutor; I saw a strange man come out of his house, with this property on his back in a bag, I am sure it was the prisoner at the bar; I spoke to a woman that was standing at the bottom of the court, Mrs. Brown; I said to her, here is a man come out of Mr. Ley's house, and there is nobody at home, and she said, we will stop him, accordingly, when he came to the end of the court, we stopped him, the woman said, my friend, what have you got here, he said, it was his own, she said, if it is your own, I should like to see what you have got.

Court. Q. Did you examine what he was in possession of? - A. Not then; he came into the passage, and he threw the bag down, I catched him by the collar, and he struck me upon the jaw, and said, you bloody dog, what do you catch hold of me for; I kept him by the assistance of two women, and detained him till the constable came and took him out of my hands.

Prisoner. Q. Did you see me go into the house? - A. I did not see him go into the house, but I saw him come out.

ELIZABETH BROWN sworn. - I live in the same court, there are but four houses in it; I saw the prisoner at the bar in the possession of this bag; I was the person that laid hold of him first, he said, he would put the bag down, and would come again presently; the bag was upon his shoulders; I examined the contents, there was a calico cotton gown which I knew very well; I saw the seam of a sheet that hung out; I know the calico gown to be the property of Mrs. Ley, they were put into the possession of the officer, Richard Elden .

ANN NOWLAND sworn. - I was present with Mrs. Brown, when the prisoner was taken; he dropped the bag, and endeavoured to get away from us, we laid hold of him, and he was apprehended; I saw the bag, and the first thing we saw was a gown of the good woman's, it was a calico gown. I know it to be the property of Mrs. Ley; I saw the gown, two pillow-biers, a blanket, and two shirts, and I believe all the rest of the things; I know those articles to be the property of Mrs. Ley; the prisoner was kept in custody till the constable came.

RICHARD ELDEN sworn. - I am a constable; on the 1st of May, I was called upon to go to the house of the prosecutor, when I came to the house, those people were about the place, and about one hundred more; they told me this was the prisoner; I laid hold of him, and he struck me, and asked what business I had with him; the bag I have had in my possession ever since (produces the things); I took those articles out one by one, and I got a gentleman to put them down; the prisoner was carried before the Magistrate and committed.

Mrs. Lee. These pockets are mine, the two pair of cotton stockings are mine, the two muslin half handkerchiefs, the blanket, and every article here is mine; I can swear to every thing that is here to be my husband's property.

Prisoner's defence. I never was in the house till they carried me to the passage.

GUILTY Death . (Aged 64.) Tried by the London Jury, before Mr. Baron PERRYN.

Reference Number: t17970531-42

401. ANN REEVES was indicted for knowingly, and designedly, and by false pretences, on the 6th of May , obtaining from Philip Sewel , one pound weight of butter, value 10d. half a pound weight of cheese, value 4d. and four pennyworth of eggs, with intent to cheat and defraud the said Philip .

PHILIP SEWELL sworn. - I am a cheesemonger , I live in Beech-street, Barbican ; I never saw the

prisoner at the bar, till she came into my shop on Saturday the 6th of May, between five and six o'clock in the afternoon; she told me she was come for a pound of tenpenny butter, and half a pound of cheese, for Mr. Barry; I asked her if she was come to live there as his servant, she told me she was; accordingly, I let her have the things, she said her master was gone out, and her mistress had got no change; she went out of the shop and came back again, and said, she was to have a groat's worth of eggs, I let her have the eggs, and she went away, and I believe, the second customer that came into my shop was Mr. Barry's old servant; Mr. Barry lives in Red-cross-street.

Court. Q. As she was a new servant, why did you not take the pains to see whether she was the servant of Mr. Barry, or not? - A. This being on a Saturday, I had not time.

PETER BARRY sworn. - The prisoner at the bar never was a servant of mine; I never sent her for a pound of butter, and half a pound of cheese, she had been in my house about a year before, she is about fifteen, her mother lives in Grub street.

MARY BARRY sworn. - The girl at the bar was not my servant; I had never seen her in my house.

Prisoner's defence. A servant that lived at Mr. Barry's about a twelvemonth ago, sent me for those things, and said she would pay for them; the servant's name was Mary, she was some relation to Mrs. Barry.

Court. (To Mrs. Barry.) Q. Did the servant live with you? - A. There was a servant that lived with me, that knew this girl, and, I suppose, she, knowing this girl, had sent her.

NOT GUILTY .

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

Reference Number: t17970531-43

402. WILLIAM CRISWELL was indicted for feloniously stealing, on the 13th of May , two hams of twenty-six pounds weight, value 18s. the property of William Bailey .

WILLIAM BAILEY sworn. - I live in Baker-street, Enfield : I can only speak to the property.

ROBERT SIMS sworn. - The prisoner came to my house on the 14th of May, and brought me four hams; I live at the Waggon and Horses, at Tottenham, about four miles from Edmonton; two I bought of him.

Bailey. I lost two hams about the 12th or 13th of May, they were not lost from my house I had sent them to Mr. Crossley's.

- CROSSLEY sworn. - I received two hams from Mr. Bailey, about the 11th of May, as nigh as I can goes, to be dried; I missed them on Sunday the 13th, I had seen them on the Saturday.

Q. Did you trace them at all? - A. No.

Q. Should you know them again? - A. No, I should not; they were taken out of the bake-house.

Bailey. I have no doubt this is my ham, it is marked with a B.

JONATHAN TROTT sworn. - I am a constable: I had an order to apprehend the man; and as I was returning from town I heard that he was in Hertford-jail, and the Magistrate sent me down to lodge a detainer against him.

JOHN CROSSLEY sworn. - I met the prisoner coming over the fields near Endfield, on the 14th of May, he had four hams; he asked me if I would take a walk with him as far as Tottenham; and I said, yes; and there he sold them.

Q. Do you know where he got them from? - A. No.

Prisoner. That is the man that stole the hams, and got me to sell them for him, and he was sent to prison for it.

Court. Were not you charged with stealing these hams? - A. Never.

Q. Were not you taken up for it? - A. No; I was taken up because I was drinking with him at Tottenham.

Q. Who carried the hams? - A. He carried them.

Q. All? - A. Yes.

Prisoner. We carried two a-piece.

Q. (To Sims.) Was this man with the prisoner when he came to your house? - A. Yes.

Q. Who had the money? - A. The prisoner.

GUILTY (Aged 24.) Confined six months in the House of Correction , and fined 1s.

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

Reference Number: t17970531-44

403. JOANNA BUTLER was indicted for feloniously stealing, on the 27th of May , a quilted petticoat, value 8s. the property of John Carver , privately in his shop .

WILLIAM KING sworn. - I live with Mr. Carver, a silk-mercer , No. 34, Oxford-street : About eight o'clock last Saturday evening, the 27th of May, the prisoner came into the shop to look at some black quilted coats, I shewed her four, which she objected to; I then shewed her two more, she pitched upon one, and a lady came in in a great hurry, I went backwards to serve her, I was not above ten minutes; I came back to this woman, and missed one of the petticoats, I saw part of the grey lining of the coat under her cloak, and then I took it from her as she was going away out at the door, (produces it); I have had it ever since.

Q. Is there any mark upon the coat? - A. No.

Q. Can you swear then that it was the property of your master? - A. Yes; I know it by the quality.

Prisoner's defence. It had fell off the counter, and as I was taking it up he took it from me, and said, was I shop-lifting?

Jury. Did any body see you take it from her? - A. No; we sent for an officer, and she was taken to Bow-street.

The Prisoner called Ann Roberts , who had known her three years, and gave her a good character.

NOT GUILTY .

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

Reference Number: t17970531-45

403. THOMAS PRICKETT was indicted for feloniously stealing, on the 30th of May , a silk handkerchief, value 10d. the property of Robert Maclaurin .

ROBERT MACLAURIN sworn. - I am a mariner ; I had my pocket picked, in Cheapside , a little before I came to Friday-street; I was walking with a young lady, the prisoner came behind me, and I felt something go out of my left pocket; I was a little surprised, and a gentleman behind me said, he has done you, he has got your handkerchief, upon that I immediately seized the prisoner, and caught my handkerchief in his jacket pocket; we had some struggle, he would not part with the handkerchief, and I did not chuse to lose it; I called the watch, and the watch took us to the watch-house, where I gave charge of him; I never quitted the handkerchief till it was taken from him, and laid upon the table in the watch-house; the prisoner asked, if I had any marks to my handkerchief, I said it was a silk handkerchief, that I knew very well, I knew it immediately; I had no particular mark upon it, any farther than it is a spotted silk handkerchief of the same colour, and answering exactly the same description as that which I lost; I had pulled it out of my pocket in St. Paul's Churchyard to blow my nose upon, the handkerchief was left with the constable.

Prisoner. He was walking with a mere common prostitute in the street, he told me so in the watch house.

Prosecutor. To take off that aspersion, it was a lady of a very different description.

- sworn. - I am in the tea trade; I saw the prisoner take the handkerchief out of the gentleman's pocket, on Tuesday evening last, about eleven o'clock; the gentleman missed it, and I said, he has done you, he had got your handkerchief, he immediately collared the prisoner, and charged him with it, and he found the handkerchief in his jacket pocket, he would not give up the handkerchief till he was taken to the watch-house.

WILLIAM SIMMONS sworn. - I am a constable; when I went into the watch-house, I saw the prisoner, the prosecutor, and the witness; the prosecutor, I think it was, put down a handkerchief upon the table, which I have, (produces it); the prisoner said, upon my word, sir, it is not your handkerchief, I brought it from Madras with me, I have had it two years, pray do examine it, says he, the gentleman says there is no mark upon it, and he said, the gentleman said his was a whole handkerchief, and that this had got holes in it that were wore with his beard, it is not a whole handkerchief, it has some holes in the middle of it.

Q. (To Maclaurin). Do you recollect whether your's had any holes in it or not? - A. No; my handkerchief was whole, the holes, I am persuaded, happened in the scuffle, for he would not part with it till we got to the watch-house; he pulled extremely hard, there was a scuffle all the way to the watch-house; I think it was torn in the scuffle on purpose that I might not know it again.

Prisoner's defence. This gentleman came up to me, and said, I believe you have got my handkerchief, I said, no, sir, I have not; I replied, I had not got but one, and that was in my jacket pocket, and he said, that was his; I would not part with it, nor he would not part with it; he said, his handkerchief was a whole handkerchief, I told him that handkerchief had got holes in it, worn by my beard, it was my own handkerchief.

GUILTY . (Aged 29.) Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970531-46

404. THOMAS SHIRLEY was indicted for feloniously stealing, on the 27th of April , a leather trunk, value 20s. two muslin gowns, value 20s. six pair of silk stockings, value 40s. and a cotton gown, value 10s. the property of John Watkins .

(The case was opened by Mr. Const.)

JOHN SPENCER sworn. - Examined by Mr. Const. On the 27th of April, I was returning to town in a chaise, with Mrs. Watkins, and Mrs. Spencer.

Q. Mrs. Watkins, I believe, parted from you? - A. At the corner of a street, in Oxford-road, Mrs. Watkins left us, and got into a Hackney-coach to go to her own house.

Q. After she was gone, did you observe any thing particular about your carriage? - A. Not till we got into Hanover-square ; I looked through the glass, and observed a man behind the chaise, lifting

a portmanteau from the board behind the carriage; I looked out at the chaise window, and called, stop that man; at that moment be dropped it, I immediately went and secured the trunk, the man got off.

Cross-examined by Mr. Alley. Q. How did it happen, that Mrs. Watkins's portmanteau was behind your chaise? - A. In consequence of its being very dirty, the trunk was very wet, and rather than incommode her with it, we were to take it to our house, and she was to send for it the next morning.

Q. What time was it? - A. Between eight and nine in the evening, it was dark.

Q. I take it for granted you could not see what was doing behind the chaise? - A. Yes; I mean to swear that I saw the trunk in the man's arms, it was fastened by myself, in Yorkshire, with leather and cords both.

Q. Whether or not, in consequence of your having travelled a considerable length of way, you are able to say whether the trunk was fast when you came into town? - A. No; but at Barnet I saw it fastened.

Q. Do you mean to undertake to swear, that when you arrived in town, the trunk was fastened or loose? - A. At Barnet, I saw it fast.

Court. Q. Did you see it behind the chaise in London, when you looked back? - A. Yes, I did.

Mr. Const. Q. Was that the same trunk that you saw fastened at Barnet? - A. It was; the straps were cut asunder, I saw them this morning.

WILLIAM EAMES sworn. - I am a coachman, I live with Mr. Blair: On the 27th of April, I was coming up Argyle-street, into Oxford-road, and this gentleman's carriage was stopping to put a lady into a Hackney-coach; I saw two men follow the carriage, I did not like the look of them, and I, out of curiosity, followed them, and saw the prisoner at the bar take a trunk from behind the carriage, I ran after him and stopped him, he had dropped the trunk.

Cross-examined by Mr. Alley. Q. It was dark at that time? - A. Yes.

Q. How near were you to these men, when you saw them in Argyle-street? - A. About ten yards from them.

Q. And do you think they must not have observed you watching them? - A. They might, if they had not had another object in view.

Q. If you suspected them, why did you not stop them before the trunk was stole? - A. I had no right to stop them before.

Q. How many yards did the man get before you stopped him? - A. About thirty yards.

JANE WATKINS sworn. - Examined by Mr. Const. I am the wife of John Watkins . (The trunk produced.

Q. (To Spencer). Is that the same trunk that was behind your carriage? - A. Yes, it is the same.(The property was desposed to by Mrs. Watkins.)

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

GUILTY (Aged 16). Transported for seven years .

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

Reference Number: t17970531-47

405. EDWARD WORSTER was indicted for feloniously stealing, on the 13th of May , eight trusses of hay, value 7s. 6d. the property of Richard Friday .

(The case was opened by Mr. Alley).

RICHARD FRIDAY sworn. - Examined by Mr. Alley. I am a corn and coal dealer at Isleworth ; I bought about four loads of hay of Mr. Groom, at Hounslow, about two months ago, and, on the 12th of May, I sent my servant for it, his name is James Hoffey ; the hay was brought home, and six or seven trusses unloaded into the loft; I suspected my servant from some information that I received; I went to the Magistrate, and while I was gone, the prisoner ran away.

WILLIAM BUTLER sworn. - I live at Heston, near Hounslow; this day three weeks, I had some business at Teddington; I went along with a friend of mine in his chaise; I do not know any thing of the hay.

JOHN WEST sworn. - The prisoner came to my master's, and said he had got three trusses, and that that belonged to Mr. Friday's man.

Court. (To Prosecutor. Q. Did you miss any hay at all? - A. No.

NOT GUILTY .

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

Reference Number: t17970531-48

406. ELIZABETH ROBBINS was indicted for feloniously stealing, on the 9th of May , four silver tea spoons, value 10s. 6d. the property of George Hamilton .

GEORGE HAMILTON sworn. - The prisoner is a lodger in the same house where I lodge, No. 2, Playhouse-yard, Water-lane, Blackfriars : On the 9th of May, when I came home to breakfast, I saw the spoons. and in the afternoon, at tea, I missed four tea spoons; I went round to several pawnbrokers, and found them at Mr. Parker's in Fleet-

street; I know them to be mine, by the cypher G.M.H. my wife's name is Mary, I had had them about seven years.

Cross-examined by Mr. Knowlys. Q. There are other lodgers in the house besides this woman and you? - A. Yes; there are two families, and one single man.

Q. This woman has a husband living in the house? - A. Yes.

- SMITH sworn. - I am a pawnbroker, servant to Mr. Parker, in Fleet-street (producing four silver tea spoons); they were pledged with me on the 9th of May, in the name of Mary Hemming , which answers the cyphers on the spoons; they were pledged by the prisoner at the bar.

Q. Had you ever seen her person before? - A. Not that I recollect.

Q. Are you perfectly sure she is the woman? - A. Yes.

Q. What did you give her on the spoons? - A. Halt-a-guinea, I have kept them ever since.

Cross-examined by Mr. Knowlys. Q. You say you never saw this woman before? - A. I do not recollect that I did.

Q. You mean to say, you were certain before the Magistrate, that she was the woman? - A. I am perfectly satisfied in my mind, but I will not positively swear to her.

Q. I believe you said, the woman who came was in a white bed-gown? - A. I did not say positively she was in a white bed-gown; I said she was in a bed-gown.

Q. You will swear that you did not say she had a white bed-gown? - A. I did not positively say she had a white bed gown on.

Q. Did not you say you believed she had a white bed-gown on? - A. I did.

Q. Did not you go farther and say that she had? - A. No.

Q. You would not swear to her, thought you were satisfied in your mind? - A. No.

Q. And were not you sworn to speak the truth, and the whole truth? - A. Yes.

Q. And you said you could not swear positively to her? - A. Yes.

Q. And now you say you can swear positively to her? - A. No, I do not.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17970531-49

407. JOSEPH WHEELER and WILLIAM WHEELER were indicted for unlawfully receiving stolen goods, knowing them to be stolen .

(The indictment stated by the Mr. Raine, and the case by Mr. Knapp).

MICHAEL GARNSWAITHE sworn. - Examined by Mr. Raine. - I am foreman to Mr. White, timber-merchant; he has got a timber-yard at Millbank, and another at Whitehall; his timber generally lies at Millbank, when it is imported.

Q. Previous to this transaction, had you any quantity of Dantzick timber at your yard? - A. Yes.

Q. What is the nature of Dantzick timber? - A. It is larger than Memel or Riga timber. On Wednesday, the 1st of March, in the evening, I secured all the timber at Mill-bank, and the piece that was stole, particularly, because being broke loose by grounding upon the bank, I had the piece particularly to make fast the night before: On the 2d of March, a little after six in the morning, I was informed it was gone; I examined the place, and found the rope that had fastened it, cut, and the headfast likewise, this satisfied me that it must have been taken away with intention of stealing it; about two yards of the headfast was taken along with it, I have the remains of it, (produces it): it is cut, I searched, but could not find it any where in the river; we then had it advertised, and on Saturday morning, the 4th of March, I made search again, and I came to Lowndes and West's coal-wharf, by White-friars dock, and in consequence of information I got from the coal porters, I was directed to Mr. Wheeler's premises; when I came there, I found a piece of timber, which I had every reason to believe was the one I was looking after; I enquired of the sawyers where it came from.

Q. What are the defendants? - A. Master carpenters, I understand.

Q. Whereabout upon their premises did you find it? - A. In the saw-pit, one part of it was cutting.

Q. Where are their premises? - A. In Hancock-yard, White-frairs , at the bottom of Water-lane.

Q. Does the water come up there? - A. Very near it.

Court. Q. Does the tide flow up there? - A. Within a very little distance of it.

Mr. Raine. Q. That is in London? - A. Yes; the tide flows up by Mrs. Sargeant's premises, where there is a dock for landing goods, and these premises are not above fifty or sixty yards from it.

Q. Describe this timber? - A. It was cross-cut in two pieces; one piece was cutting, and the other was lying by the side of it, in the house where the saw-pit is.

Q. Was it marked before it was stolen? - A. Yes; C.W. near the contents, and C.W. at the end of it, and a P. which is the mark put on by the measures, to distinguish the ship it came from.

Q. Did you observe these marks when you saw them at Wheeler's? - A. No; they were cut out with an adze or axe, or something of that sort, and the places where the marks had been, were daubed over with mud, so that it might not be discovered that there had been marks upon it; when I came to look at it, there was a part of the letter C still remaining.

Q. Did it appear to you that this adze or axe had been applied to these parts of the timber where the letters had been? - A. It did evidently.

Q. And that the letter part of the timber had been daubed with mud? - A. Yes; it appeared wet as if it was just done.

Q. Was the mud fresh mud? - A. Yes; and the ends where it was cross-cut, was mudded over, that it might not appear to be fresh cross-cut.

Q. You observed the timber particularly, at Wheeler's? - A. Yes.

Q. Have you any doubt that was the timber stole from your master's premises? - A. Not the least.

Q. Had you any conversation with the defendant? - A. No particular conversation; Mr. Maton had.

Court. Q. What was the length of this timber? - A. Fifty feet three inches.

Jury. Q. Is Mr. White the only importer of Dantzick timber? - A. No, I believe not; but Mr. White was the only person that had timber above Westminster-bridge at that time; one piece as thirty feet two inches, and the other is twenty feet one inch.

Court. Q. Are there no timber merchants above Westminster bridge, that deal in Dantzick timber? - A. No.

Mr. Raine. Q. Do you happen to know for what particular purpose this timber was imported, by Mr. White? - A. Yes; for the East-India Company's warehouses.

Court. Q. Any person that had large buildings to erect, would require large timber as well as the East-India Company? - A. Yes; but very few buildings would require such large timber.

Cross-examined by Mr. Knowlys. Q. Are you quite sure this is Mr. White's timber? - A. I have no doubt of it.

Q. What part of the mark is remaining? - A. There is a part of the C.

Q. Now might not that be a part of an O? - A. I do not think it could have been an O.

Q. Upon your oath, is that part of the C as you call it, that is now remaining, such as may not have constituted a part of an O? - A. That I leave to the Gentleman of the Jury.

Q. But you can tell us? - A. I believe not. (Produces a piece of timber with a similar mark upon it).

Q. Now will you tell me, from that very letter, that any one part of it may not constitute a part of an O? - (Hesitates).

Jury. Q. Do you mean to say you always mark it in the precise way you have marked it here? - A. Nearly.

Mr. Knowlys. Q. Then tell the Gentlemen of the Jury, whether there is any part of that that might not have constituted part of an O? - A. I do not think it could.

Q. Do you mean to swear that upon your oath? - A. There is nothing that has any connection with any other letter, and it has not been chopped above the top of it.

Q. Upon what part of the timber is it that this part of the C remains? - A. At the end where the rope was made fast.

Q. These premises of Mr. Wheeler's, are carpenter's premises, I believe? - A. I believe they are.

Q. I see with what complexion you come, have you any doubt that they are? - A. No; I have not a doubt.

Q. Was this remaining open to inspection? - A. Yes; because the men could not work without light.

Q. It was not stowed away into any warehouse? - A. There was not time for it, it might have been consumed in another day.

Q. Do you mean to say that it might not have been slowed away between the Thursday and the Saturday? - A. No; there was an opportunity of shutting the doors, but the men could not work without light; there is the country mark remaining upon it.

Q. That is common to all Dantzick timber? - A. Yes.

Court. Q. Is it the W which is chipped away? - A. Yes, and the under part of the C.

Q. How near is the W chopped away from the C? - A. I have not exactly measured.

Q. Is there any space between this which you suppose to be a C, and the W, which remains unchopped? - A. No.

Q. Whereabout is it marked? - A. Near the contents.

Q. When it comes into the river, it is given to the person who tows it, and he puts his mark to it,

and the mark of the ship, which was P. the contents are marked ten or fifteen see: from the end.

Q. Is this mark near the contents to be seen that it is cut out? - A. It is.

Q. What was the contents of the timber? - A. It was one hundred and ten feet, that is cut out likewise.

THOMAS MASON sworn. - Examined by Mr. Knapp. Q. You are chief clerk to Mr. White? - A. Yes.

Q. Who is in partnership with him? - A. Mr. Donald Campbell; the executors of Mr. Campbell have still an interest in the business.

(Mr. John Humpbries proved the executors' names.) Q. (To Mason.) Had you any Dantzick timber on your whars on the 1st of March? - A. We had in the river, fastened to some trees.

Q. Do you recollect the particular dimensions of that timber? - A. Yes; I have measured it since I found it: the dimensions are fifty feet three inches, eighteen and a quarter by seventeen three eights.

Jury. Q. What is the scantling? - A. Eighteen and a quarter by seventeen three eights, but the odd inches are never taken in; I found the contents one hundred and ten feet, two inches, nine twelfths, which corresponded with the piece lost, and the piece that was advertised on the 2d of March.

Mr. Knapp. Q. For what purpose was this timber meant to be used? - A. For the East-India-warehouses; in fact, it was already sold to Richard Holland , Esq.

Q. Those warehouses require large timber? - A. Yes; it will not do less than from sixteen to eighteen inches square; it was designed for girders.

Q. On the evening of the 2d of March, had you seen this timber fastened in the way that has been described? - A. I did not.

Q. The next day, in consequence of any information you received from Garnswaithe, did you go any where? - A. Yes, to Mr. Wheeler's saw-pit, in Hancock-yard, White-friars, that was on the Saturday in the forenoon; I saw one Diamond, a sawyer, there.

Q. Did you understand who Diamond was? - A. Yes; I took his address, and his name, from himself, because I believed him to be the thief; he was a sawyer employed by the Wheelers, and has been generally employed by them.

Q. Did you see the timber there, according to your judgement, that you had lost? - A. I think it necessary to describe the saw-pit: it has the appearance of being originally a coach-house, inclosed by a wall on each side, and the front by doors, so that the doors were obliged to be open that the sawyers might see to cut it; I examined the timber very particularly, and I found the marks had been chopped out almost entirely, and that they had very carefully daubed it over with mud; and I am sure of it for this reason, that I washed one part of it off, and then it appeared to have been done very lately; where it had been crossed by the saw it was very carefully robbed over with mud, but not so very carefully but I could distinguish the glimpse of the fresh cross cut; I then proceeded to Mr. Wheeler's, in consequence of information I had received from Diamond, and I found Mr. Joseph Wheeler; I told him that I came up in consequence of a piece of timber being in his saw-pit, and I insisted upon seeing a bill of parcels where he got it from; he said, he did not know he had such a piece of timber; I told him it was very extraordinary he should have so large a piece of timber upon his premises and not know it; and, moreover, when the men who were cutting it said, it was by his order that they were cutting it for arris-rails, for fencing, which was very improper to cut such a piece of Dantzick timber for arris-railing; he made answer, upon recollection, that he had been speaking to a Mr. Smithwaite about some timber, and he said, perhaps it might become from him, who, by-the-by, had been a timber-merchant of a few months; nothing more passed between Mr. Wheeler and I, but knowing Mr. Smithwaite, I went to him within a few hours.

Q. How were they cutting it when you saw them? - A. They were cutting it into planks for arris-railing.

Q. Was this timber a proper thing for that sort of railing? - A. No; in the first place, it costs a great deal more money; and in the next place, there is more sawing in it, which greatly adds to the expence.

Q. Had you any other conversation with Joseph Wheeler at that time? - A. No.

Q. Did you see the other defendant, Wheeler? - A. No.

Q. When did you ever see the other Wheeler? - A. Not till he was taken up to Marlborough-street.

Q. Have you any doubt that that was the timber that belonged to Mr. White, that was fastened to the trees? - A. The greatest reason that strikes me is, that there is the appearance of a C. which C. I believe, I made with my own hands, and for a very particular reason.

Jury. Q. Is Dantzick timber fastened to the pales by a staple, or by the timber itself, like Memel? - A. With a staple.

Mr. Knapp. Q. Had you a bill of parcels with this timber? - A. Yes.

Q. Have you examined your account of the dimensions with the bill of parcels? - A. Yes.

Q. Does it correspond? - A. It does, within two inches and nine twelfths; I made that mark myself,

for a particular reason; it did not correspond with the sample that we intended, and being frosty weather I did not mark it near the contents as usual, but near the end as a private mark, in case it should go adrift, that I should be able to identify it, which is a very unusual thing to do, I marked it within a foot.

Court. Q. Whenever you measure your timber you mark the contents? - A. It is always marked by the measurer employed by Government.

Q. How far from the end does he mark it? - A. From ten to twenty feet; there is no exact rule for that.

Q. Can you, from the spot where the contents were placed, judge what was the size of the timber from the mark of the name? - A. I cannot.

Cross-examined by Mr. Gurney. Q. How far off the end was the mark of C.W. which you put? - A. About two feet, to the extreme of the C.

Q. You went from the saw-pit to Mr. Wheeler's house? - A. Yes.

Q. Where is Mr. Wheeler's house? - A. No. 3, Water-lane.

Q. How far is that from the saw-pit? - A. Two or three hundred yards.

Q. Perfectly out of sight, I take it for granted? - A. It is.

THOMAS MILES sworn. - Examined by Mr. Raine. I was a coal-porter to Messrs. West and Lowndes, at that time, in White-sriars, their wharf and dock joins together.

Q. How far is their wharf and dock from Mr. Wheeler's premises? - A. It may be two hundred yards from the saw-pit.

Q. Do you remember seeing any thing near your master's premises on Thursday the 2d of March? - A. I saw a large piece of timber lying on the mud near Messrs. Lowndes and West's barge, for four or five hours; and I saw the same piece of timber on the 3d of March, Friday, on Mrs. Sargeant's wharf.

Q. Did you take any particular notice of the timber? - A. I took notice on Thursday morning between seven and eight o'clock, that there was a mark of C.W. it laid the mark-side upward on the mud.

Q. Did you notice the size of the timber particularly? - A. I did not notice the length of it, I took an observation that it was a very large piece of timber; I saw that it was the same that I saw on the wharf, I helped to take it home; I saw it at Mr. Wheeler's saw-pit.

Q. Can you undertake to say it is the same that you saw on the mud, and on Mrs. Sarjeant's wharf? - A. I can undertake to say it is the same.

Court. Q. You saw it afterwards upon the sawpit? - A. Yes; it was sawed through, and the shortest piece was sawed into four parts; it was on Saturday the 4th of March, it was in two lengths, and in five pieces, the shortest was in four pieces.

EDWARD MOORE sworn. - Examined by Mr. Knapp. I am a waterman: On Thursday the 2d of March, a man, that I suppose to be Joe Diamond, I do not know him, came down in great hastle, and looked at Whitehall-gates; he said, he was looking for some timber that was adrist; and I went over Mr. Phillips's craft to get to my boat; says he, it must have drove by, I saw it myself, says he, go through Westminster-bridge, and lay athwart the bridge.

Court. Q. Did you two it away? - A. Yes.

Mr. Knapp. Q. Do you recollect that piece of timber? - A. Yes; that is it at the door, there was a mark of a P. upon it.

Q. Was there any rope to it? - A. There was a piece of rope that had been cut.

Q. Was the rope near where you discovered the mark of the P.? - A. I cannot recollect now, I think it was though; I towed it to Mrs. Sargeant's wharf; the timber had got soul, and I struck my hitcher into it, and broke out some of the sap; and it has got the mark of my hitcher upon it now.

ELIZABETH SARGEANT sworn. - Examined by Mr. Raine. Q. Where is your dock? - A. Sixty or seventy yards from Mr. Wheeler's premises.

Q. Do you remember, on the evening of the 2d of March, observing any timber upon your dock? - A. I went out to give some orders to some workman, and I saw Mr. Wheeler's lawyers busy, with some timber, bringing it under our crane.

Q. Who were they? - A. Joseph Diamond , and Daniel Luff , they were preparing to crane it; they landed it upon our wharf and took it away to Hancock-yard.

Q. Who was present when it was taken away? - A. William Wheeler ; I went in the evening to Mr. Joseph Wheeler, and informed him that a piece of timber lay there, as I understood, belonging to him, very inconvenient to our business, and he promised me the men should take it away the next morning, and accordingly they did take it away.

Q. Who paid you for its lying upon your wharf? - A. He was a customer of our's; I took in a bill to him with other things, he refused to pay me, he said, he had nothing to do with the timber, that he had no right to pay it, he did not mind about making me a present of it, but he had nothing to do with it.

Q. Before or after he was apprehended? - A. After.

Cross-examined by Mr. Knowlys. Q. He did not go down and see the timber? - A. No.

Q. Have you known the Wheelers a long time? - A. Seven years myself; he has been a customer to Mr. Sargeant, 15 years.

Q. Is there any man in the neighbourhood that bears a better character? - A. I never heard any thing to the contrary; he was a very good customer, and very punctual in his payments, he bears a very good character.

CLARE WILKINS sworn. - I am a journeyman carpenter; I was desired to assist Diamond and Luff, the sawyers, in craning some timber, which I did, and we laid it upon the wharf.

Q. What did you do with it after? - A. Left it there all that night; the next morning they cut it across upon the wharf, I assisted them in doing it.

Q. Did you take any particular notice of the timber at the time you were cross-cutting it? - A. I did not; after we had cross-cut it we took it into Mr. Wheeler's saw-pit, there was young Mr. Wheeler there.

Q. Did young Wheeler assist in cross-cutting it? - A. No.

Q. Was he standing by? - A. Yes.

Q. Did he give you any orders where to take it to? - A. No, he did not; he went with us.

Q. Did you see old Wheeler there? - A. I never saw him from the Wednesday before, till the Saturday afternoon following.

Q. Have you seen the timber since? - A. Yes.

Q. Have you sufficient knowledge of the timber you have seen since, to know, or believe that it is the same timber which you saw there? - A. Yes.

Cross-examined by Mr. Gurney. Q. A little time before this, you were rather slack of work, I believe? - A. Yes.

Q. Did you make any complaint either to Mr. Joseph Wheeler, or Mr. William Wheeler, that you were slack of work? - A. Yes; and they both told me there was some timber ordered from Mr. Smithwaite, about a week or a fortnight before, and we thought it was the timber Mr. Wheeler had ordered.

Q. With respect to young Mr. Wheeler, he is employed, we understand, in keeping his father's books? - A. Yes.

Q. His general employment is not to work in the yard? - A. He is a young man that never will, without his father is there; he comes in the morning to see if the men are at work, and goes home again; on Thursday, I believe he and his son were both at a burial at Tottenham.

Q. Do not those sawyers sometimes work for other persons? - A. Yes.

Q. These sawyers had sometimes timber and deals to cut for other people at your saw-pit? - A. Yes.

Q. On Monday, Tuesday, and Wednesday, where was Mr. Wheeler? - A. In Bedfordshire.

Court. Q. What time was it he went out of town? - A. On Monday the 5th.

Mr. Gurney. Q. Was it the Monday before this Thursday? - A. The Saturday night before, he told me he was going.

WILLIAM COLE sworn. - Examined by Mr. Raine. I am a journeyman carpenter; I was with the last witness, on Thursday the 2d of March, at Mrs. Sergeant's dock, preparing the crane; the sawyers came and told us there was a piece of timber came in for Mr. Wheeler; I do not know any more of it than the last witness, only a piece that had broke off by the hook; after we had landed it, in turning it over from the crane out of the way of the waggon.

Cross-examined by Mr. Knowlys. Q. Did young Wheeler ever give any orders? - A. No; he only confines himself to the books, he comes every morning to see that we are at work, and takes care of the books.

Q. Do you know if any pains has been taken by Mr. Wheeler, to apprehend Diamond? - A. I believe there has, he has been out of the way.

DANIEL LUFF sworn. - Examined by Mr. Knapp. I have been employed by Mr. Wheeler near eighteen months.

Q. Do you know whether the two Wheelers are in partnership together or not? - A. I believe not.

Q. Young Wheeler keeps the books? - A. Yes; on Thursday the 2d of March, in the evening, I saw a large piece of Dantzick timber.

Q. Does your master deal often in Dantzick timber? - A. Not so much as in Memel.

Q. Did you ever see so large a piece of timber on your master's premises before? - A. No.

Q. Did you see young Wheeler in the yard? - A. Yes.

Q. Did you and Diamond work for Mr. Wheeler ever? - A. Yes; we worked together for Mr. Wheeler a twelvemonth and upwards.

Q. Do you remember seeing any mud at the end of this timber after it was cross cut? - A. I saw it so at the pit, but I left it clean.

Q. Who paid you for cross cutting it? - A. I never received any thing for it.

Court. Q. When you saw it in the saw-pit it was soiled? - A. Yes.

Court. Q. Who did that you do not know? - A. No.

Cross-examined by Mr. Gurney. Q. Diamond gave you the directions? - A. Yes.

Q. Young Wheeler did not give you any? - A. No.

Q. He comes down merely to see that you are at work? - A. Yes.

Q. Are Diamond and you both sawyers? - A. Yes.

Q. Do you ever work for other people in Mr. Wheeler's saw-pit? - A. Yes; we always had liberty to cut what we liked.

Court. Q. Did you ever cut a large piece of timber, like this, at his saw-pit? - A. I have cut large pieces of oak, but I never cut a large piece of fit before.

Court. Q. For whom? - A. One Mr. Pitter, a carpenter, in Dorset-street, White-friars.

Q. An acquaintance of Mr. Wheeler's? - A. Yes.

JOHN FENNER sworn. - I am a constable: I searched Mr. Wheeler's premises, and found the timber, it is now in the yard; I went after Diamond several times, for Mr. Mason, but could not find him.(Mr. Knowlys addressed the Jury on the part of the defendants). Evidence for the Defendants.)

Mr. WRIGHT sworn. - I have known Mr. Wheeler many years, he was always a very upright, honest man, he served constable in St. Bride's parish; the son is a very honest young man, I have known him seven or eight years.

Mr. HERRING sworn. - Q. I believe you have the honour to be a member of the Common Council? - A. Yes; I have known him well, fifteen years; he always bore, in my own opinion, a most irreproachable character.

Q. Have you been acquainted with his son? - A. I cannot say I have; I never heard any thing against him.

Mr. LAME sworn. - Q. You are likewise a member of the Common Council? - A. Yes; I have known him nine or ten years; as to myself, I always thought him a very honest man, and, I believe, all the better part of the parish have had the same opinion of him, for this reason, they elected him overseer, which office he served with great credit to himself, and satisfaction to the public; I am not acquainted with the son.

ONESIMUS USTONSON sworn. - I have known him ten or twelve years; he is a very worthy character, as any that lives in the parish; he was overseer last year.

Q. Do you know the son? - A. I cannot say I am acquainted with the son.

Mr. BARDIN sworn. - I live in Salisbury-square: I have known him near twenty years, no man in London bore a better character, in my opinion.

Q. Have you likewise known the character of the son? - A. A great many years; he is a very honest, good character.

Mr. HOUNSOM sworn. - I have known him ten years, he is perfectly honest; I do not know the son.

Mr. DOWNER sworn. - I live in Fleet-street: I have known him ten years, I have experienced him to be a very honest man, his general character has always been so as long as I have known him.

Q. Have you known the character of the son likewise? - A. I have known him the same number of years, I never heard any thing against his character; I am not so well acquainted with him as his father.

Mr. ANSTEY sworn. - I am a porkman, in Fetter-lane: I was not intimate with Mr. Wheeler till last year, when I served the office of overseer with him; I have heard a great deal of his character before, I do not know any man of a better character.

Q. Do you know the son? - A. Yes, I was bail for him; I believe him to be a very honest young man.

Mr. WILLIAMS sworn. - Examined by Mr. Knowlys. I am vestry-clerk for this parish: I have known him near twenty years, a better character a man cannot have; I have known the son as long, I never heard any thing against him in my life.

Mr. ADAMS sworn. - I am an optician, in Fleet-street: I have known him twelve years, he is as worthy and respectable a character as any that come within my knowledge; I do not know so much of the son, I never heard any thing to his prejudice; he lives in the same house with his father.

Mr. CARTER sworn. - I keep the Bolt-in-tun: I have known him eight years, he bore a very good character; I have known the son as long, he is a very honest man.

Mr. COPLEY sworn. - I live at No. 9, Bolt-court: I have known him for eight or ten years, I was church-warden when he was overseer; he bears an excellent character; I do not know much of the son, but I never heard any thing against him.

Mr. WILDS sworn. - I am a coal-merchant, I lived ten years in the same neighbourhood: I have known him seventeen years, he is a very honest, respectable, industrious man.

Mr. DANIELS sworn. - I live at the Bolt-in-tun-Inn-yard, I am a hair-dresser, I now serve the of

fice of church-warden: I have known him twenty-four years, and do not know a man of a better character; the son has a good character.

Mr. PARKER sworn. - I am a goldsmith, in Fleet-street: I have known him about fourteen years, no man ever bore a better character, I would trust him with untold gold; I have known his son about seven years, I never heard any thing of him but a good character.

Mr. MARCH sworn. - I am a fishing-tackle-maker, in Fleet-street: I have known him ten or eleven years, he is a very honest character; I have known the son nearly the same time, I never heard any thing amiss of him.

Mr. SMITHWAITE sworn. - I have known him nine or ten years, I always considered him a very honest man, and a very amiable character; I have known the son about the same number of years.

Q. Are you the same Mr. Smithwaite this gentleman spoke of? - A. Yes; I believe him to be a very good character.

Mr. COLEMAN sworn. - I am a painter and glazier, in Fetter lane: I have known Mr. Wheeler, the elder, about twelve years, he is a perfect good character; I have known the son several years, he is a very good character.

Mr. HUDSON sworn. - I am an undertaker, in Fleet-market: I have known Mr. Wheeler about seven years, he bears a very good character; I have known the son about the same time, he bears an equal good character.

Mr. HOARE sworn. - I live in Salisbury-square, Fleet-street: I have known him twenty-one or twenty-two years, he has an universal good character; I have known the son from a child, I never heard any thing against him.

Mr. PITCHER sworn. - I am a carpenter: I have known Mr. Wheeler nine or ten years, he bears a very good character; I know very little of the son.

Mr. YARWORTH sworn. - I live in Red-lion-court, Fleet-street, I am a plaisterer: I have known him about sixteen or seventeen years, I have always heard of him as an honest man; I have known the son some years, I never heard any thing to the contrary of his being an honest man.

The Jury having retired three hours and a quarter, returned with a verdict.

Joseph Wheeler GUILTY.

Confined six months in Newgate , and fined 100l.

William Wheeler Not GUILTY .

Joseph Wheeler was recommended to mercy by the Jury .

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970531-50

408. JOSEPH CARTER was indicted for wilful and corrupt perjury .

(The case was opened by Mr. Knapp.)

HUGH BRATHWAITE sworn. - Examined by Mr. Knapp. Q. You are, I believe, the assigner of the bills of Middlesex? - A. I am.

Q. You have an affidavit, made by the prisoner to produce, I believe? - A. Yes; (produces it); it is the original affidavit, it was made before me, he was then a prisoner in Newgate; I took that affidavit in the lodge, or lobby, of the prison of Newgate, I was sent for for that purpose; and one Thomas Hale came out with him.

Q. Who was it that you swore upon that occasion? - A. It was Joseph Carter , I positively believe that is the man; and it appears to me, and I am confident of it, that I made him draw the pen across the mark a second time, he said he could not write; I filed the affidavit, and have had it in my possession ever since.

Cross-examined by Mr. Raine. Q. Who read this over to him? - A. It is some time ago; but Hale read it over to him in my presence, he was an attorney, and a prisoner at that time in Newgate, but since that he has been struck off the roll; William Hale appears to be attorney to the prisoner; Thomas Hale was in prison, and in consequence of that, did not make use of his own name but William Hale .

Q. Is Hale here? - A. I do not know.(Mr. Raine objected, that as Hale, who was not forthcoming, bad read it, the Court could not know that it was correctly read to the prisoner before he signed it; which was over-ruled by the Court).

Mr. Knapp. Q. You were present when Hale read the affidavit? - A. Yes.

Q. Had you seen the affidavit before? - A. No; it was manufactured in Newgate, he brought it out with him.

Q. Did you read the affidavit? - A. I did not read it over; I asked him if he was satisfied with what Hale had read.

Court. Q. Do you mean to swear positively to the person of this man? - A. It is so long ago, that I cannot; I believe he is the man.

JONAS WAITE sworn. - Examined by Mr. Knapp.

Q. You are a turnkey of Newgate on the debtors side? - A. Yes.

Q. Were you present at the time that Mr. Brathwaite, and Hale, and the defendant, were present? - A. Yes.

Q. Do you remember Mr. Brathwaite? - A. Yes, very well.

Q. Do you remember for what purpose they were there? - A. I understood, to make an affidavit to arrest a gentleman of the name of Chapel.

Q. Do you remember seeing Mr. Brathwaite reading the affidavit? - A. I remember Hale producing it to Mr. Brathwaite.

Q. Did Hale, at that time, read over any affidavit to the defendant? - A. Certainly he did.

Q. Was the prisoner at the bar the person to whom the affidavit was read over? - A. Yes.

Q. Did you see the affidavit? - A. I saw it, but I did not know the particulars; I had other business to mind.

Q. Did you see Mr. Brathwaite afterwards swear the defendant to it? - A. I did.

Cross-examined by Mr. Raine. Q. You did not see the affidavit? - A. I saw it, but I did not take particular notice what it was.

Q. Therefore, whether Hale read exactly what is contained in this affidavit or not, you cannot tell? - A. I remember clearly, that he explained particular parts of it to him.

Q. But whether he read what was in the paper, or from his own imagination, you cannot tell? - A. I cannot.

PETER JOHN THOMAS PEARCE sworn. - I am clerk to Mr. Wright, an attorney; Mr. Wright was the attorney concerned for the present prosecutor, Mr. Chapel; I have in my hand a copy of the record of the judgement of non-pros from the Treasury-office of the King's-Bench, it is an office copy,(produces it): I examined it in the office with the roll, it is a correct copy.

Mr. Raine. Q. Who examined this with you? - A. The clerk of the office; I examined them both ways. (Mr. Raine objected, that the bond in the judgement of non-pros being for 4000l. and the bond stated in the affidavit being only for 2000l. it could not apply to the same).

Court. It seems to me to be a fatal objection indeed.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: s17970531-1

The SESSIONS being ended the COURT procceded to GIVE JUDGMENT as follows:

Received sentence of Death - 14.

Martin Clinch ,

James Mackly ,

John Harriman ,

John Baker , otherwise William Smith,

John Lynson ,

William Mackensy ,

Henry Ellison , otherwise Henry Wale,

Aaron Withers ,

George Withers ,

Joseph Chase ,

Henry Bartholomew Palmer ,

Maurice Standford ,

Saint John Clifford Jessop , otherwise John Jessop, otherwise John Saint John, otherwise Captain Harcourt, otherwise Captain Clifford, and William Bergen .

Transported for seven years - 12.

Edward Jarmin ,

Thomas Prickett ,

William Burke ,

Henry Smith ,

Thomas White ,

Richard Calcott ,

Mary Briant ,

Samuel Sams ,

John Boulton ,

Thomas Shirley , and

Elizabeth Sterling .

Confined one year in Newgate, and fined 1s. - 2.

William Jones , and Sarah Steel .

Confined one year in the House of Correction, and fined 1s. - 2.

William Freeman , and John Smith .

Confined six months in Newgate, and fined 1s. - 1.

Martha Howell .

Confined six months in the House of Correction, and fined 1s. - 7.

Edward Hind ,

William Cox ,

Joseph Carr ,

William Regan ,

Richard Cotes ,

John Ryan , and

William Criswell .

Confined one month in Newgate, and during that interval, publicly whipped round Leadenhall Market - 1.

Timothy Cooper .


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