Old Bailey Proceedings, 20th September 1797.
Reference Number: 17970920
Reference Number: f17970920-1

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 20th of SEPTEMBER, 1797, and the following Days, BEING THE SEVENTH SESSION IN THE MAYORALTY OF The Right Honourable BROOK WATSON, ESQ. LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY WILLIMA 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 ARCHIBALD MACDONALD , Knight, Lord Chief Baron of His Majesty's Court of Exchequer; Sir GILES ROOKE , Knight, one of the Justices of His Majesty's Court of Common Pleas; Sir HENRY ASHURST , 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.

John Hoppy ,

William Noble ,

William Parke ,

John Harvey ,

John Simpson ,

William Price , (of Farringdon Without.)

John Foster ,

William Price , (of Lime-street.)

Charles John Downes,

William Tinkler ,

Moses Ellis ,

John Parish .

First Middlesex Jury.

Thomas Jordan Hookham ,

William Martin ,

Stephen Pollard ,

William Rutledge ,

John Walker ,

William Brittain ,

John Dalby ,

Robert Frogg ,

Robert Thorpe ,

Charles Willis ,

Henry Humphreys ,

Francis Perigal .

Second Middlesex Jury.

John Wareham ,

Samuel Sly ,

Henry Humphreys ,

Edward Ball ,

Edward Edlin ,

James Paterson ,

George Choshire ,

Thomas Stafford ,

Robert Sparrow ,

Thomas Dighton ,

Augustus Lauriot ,

William Jover .

Reference Number: t17970920-1

484. LYON LEVY was indicted for feloniously receiving, on the 24th of April , twenty pair of silk and cotton stockings, value 5l. thirty-two pair of cotton stockings, value 4l. 13s. five pair of cotton and worsted stockings, value 15s. a pair of worsted stockings, value 1s. and three silk and cotton purses, value 1s. 6d. the property of William Higginbotham , of which William Bergen and Joseph Chase have been convicted, he knowing them to have been stolen .

The only material witness not having had notice to attend, the Jury found the prisoner.

NOT GUILTY .

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

Reference Number: t17970920-2

485. ROBERT ARNOLD was indicted for breaking and entering the dwelling-house of Thomas Coomes , no person being therein, between the hours of eight and eleven in the forenoon of the 15th of August , and stealing two cloth coats, value 19s. a cloth waistcoat, value 5s. a pair of cloth breeches, value 5s. a linen waistcoat, value 6s. a muslin neckcloth, value 2s. and one pair of men's leather gloves, value 12d. the property of the said Thomas; five linen shifts, value 16s. three dimity petticoats, value 20s. one flannel petticoat, value 2s. three linen gowns, value 40s. two muslin aprons, value 7s. a linen apron, value 3s. a muslin handkerchief, value 2s. seven muslin cap cauls, value 3s. two laced edging cap fronts, value 5s. four cotton pocket handkerchiefs, value 4s. a silk cloak, value 12s. a cloth cloak, value 9s. a silk handkerchief, value 2s. and four shillings in monies , the property of Sarah Coomes .

THOMAS COOMES sworn. - I am a day labouring man ; I live at Harrow Weald Common ; On the 15th of August, I lost my property; I went out about five o'clock in the morning, my wife went out about eight o'clock.

SARAH COOMES sworn. - I am the daughter of Thomas Coomes; my mother went out on the 15th of August, about eight o'clock, she went out before me; when I went out, I fastened the front door and the back door; I left nobody in the house.

Q. Did you fasten the windows? - A. Yes.

Q. Who returned first? - A. I did, before twelve o'clock; I found all the house in confusion; they had got in at a casement window down stairs, they had taken out a bit of glass; I missed the things mentioned in the indictment, (repeating them); all my own property was kept locked up in two boxes, up stairs, at my father's house; my father's clothes were kept up stairs too, but they were not locked up; I had seen them there in the morning before I went out.

Q.Have you seen them since? - A. Yes; I saw them taken out of a ditch, between eleven and twelve o'clock the same day; I did not know any thing of the prisoner, I saw him when he was taken in a lane.

Q. Do you know who took him? - A. No; he said, I will shew you where I have put the things.

Q. Was any promise of favour made him first? - A. No.

JOHN BURGESS sworn. - I was present when the prisoner was taken up by one Johnson, a sea-faring man; we could not find him when we came up here before his Majesty.

Q. Did you hear Johnson make him any promise, or threaten him, to induce him to confess? - A. No.

Q. How soon did Sarah Coomes come up? - A. As soon as I did; he said he would shew us where the clothes were.

Q. Did he say he would shew you if you let him go? - A. No; he shewed us where they were; I did not hear him say where he got them from, nor that he put them there; it was a hay-maker that took the things out of the ditch; Johnson took two handkerchiefs from the prisoner, and gave them to me; I gave them to Mrs. Bardrick.

Q.(To Sarah Coomes). Who was by when the prisoner was taken? - A. A little boy, and several more hay-makers, but I do not know their names.

Q.How came you to know where the things were? - A. When he was taken, he said he would shew us where he put the things.

Q. Did he say he would shew you where he put the things, or where the things where? - A.He said he put them there.

Q. Are you positive of that? - A. Yes; they asked him where the hamper and two bundles of things were, and he said he had none; he got over the hedge, and then they took him, and he confessed where he put the things.

Q. Did they charge him with having put the things any where? - A. No.

Q. Are you sure that he said he had put the things there? - A. Yes.

Q. What was done with the things? - A.They were taken back to John Bardrick's.

Q. Is any body here who took the things out of the ditch?

Burgess. I saw them taken out of the ditch.

Q.But you cannot be sure that the things that were carried before the Magistrate, were the same that were taken out of the ditch? - A. Yes, I can.

Q.(To Sarah Coomes). Who took the things to the Magistrate's? - A. A stranger.

Q. Did you examine the things before they were taken before the Magistrate? - A. No; I saw a red cloak and a flannel petticoat on the top of the hamper.

Q. And you saw them taken out of the ditch? - A. Yes.

Q.And did you see them at the Justice's? - A. Yes; the flannel petticoat was mine, and the red cloak was Betty Bardrick 's.

Q.(To Burgess). Who carried these things before the Magistrate? - A. I cannot say who it was, it was a hay-maker.

Q. How can you be sure that the things you saw taken out of the ditch, were the same that you saw before the Justice? - A. Because the hamper was marked with Bardrick's name; I saw a red cloak at the top of the hamper, and a flannel petticoat.

Q.Was that the same petticoat that was carried before the Magistrate? - A. Yes; there were two bundles of things and a hamper; the hamper was tied, and the bundles were tied in a handkerchief; Bardrick was sent for home.

Q. How long were they at Bardrick's before they were carried to the Justice's? - A.About a quarter of an hour.

Q. And did you stand by them all the time? - A.Near them.

Q. How far was it to the Magistrate's? - A.About half a mile; he was searched in the Majesty's bean-house, and some halfpence found upon him.

MARY WHITE called. Q.How old are you? - A. Ten years.

Q.Do you know the nature of an oath? - A. No.

JAMES SMITH sworn. - I am a constable: (produces the property); they were delivered to me on the 16th of August, at the parish of Stanmore, they were delivered to me by the Justice of the peace, sealed up, I saw him seal them; they had been at the Justice's, all night.

Q.(To Sarah Coomes ). Look at the petticoat, are you sure that is your's? - A. Yes; I made it myself.

Q. Are you sure that is the same you saw taken out of the ditch? - A. Yes.

Q.What is that petticoat worth? - A. Two shillings and six-pence.

Q.Look at the other things? - A. They are mine and my father's.

Prisoner's defence. I have a sister lives at Harrow; I lived at Stanmore three years and a half myself, the constable knows me very well; I lived with Mr. Bromley, schoolmaster, three years; my sister has lived there seven years; I asked her to let me have a little money till I got into work, and she lent me half-a-guinea; I went to Mr. Drummond's farm, to ask for some work, and then these people charged me with taking these things; I told them I had not got them.

Q.(To Smith). Have you known the prisoner? - A. Yes, during the time he lived at Stanmore, which is four years ago; he bore a very good character at that time.

GUILTY of stealing the petticoat, to the value of two shillings and six-pence .

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

Reference Number: t17970920-3

486. ROBERT ARNOLD was again indicted for breaking and entering the dwelling-house of John Bardrick , no person being therein, between the hours of eight and eleven in the forenoon of the 15th of August , and stealing a pair of corderoy breeches, value 8s, a man's hat, value 2s. a wicker hamper with an oil skin cover, value 2s. a cotton gown, value 15s. a scarlet cloth cloak, value 15s. a white muslin handkerchief, value 12d. a cotton handkerchief, value 6d. a dollar, four shillings, and seventy-four halfpence , the property of the said John Bardrick.

BETTY BARDRICK sworn. - I am the wife of John Bardrick, a day labouring man ; I fastened up my house on the 15th of August, about eight o'clock.

Q. Doors and windows? - A. Yes; properly; I returned again between eleven and twelve, I was the first that returned into the house, and I found a little bit of glass taken out of the window, there was an upright staff before the casement, which was broke off; I had put the key of my chamber-door into the tea-chest, and locked it, and put the key into my pocket; I found the key of the chamber-door gone out of the tea-chest, and my room-door unlocked; and the box that I put my cloaths in, was broke open; I lost a cotton gown, worth sixteen shillings, a red cloth cloak, worth twelve shillings, a muslin handkerchief, worth one shilling, a little red and white handkerchief, worth 6d. about three shillings and two-pence in halfpence, a stamped dollar, and four shillings in silver, a cloth coat, a pair of corderoy breeches, my husband's hat, a silk handkerchief, and a hamper with my husband's name upon it, J. B.; I had seen them all in the morning before I went out, and between eleven and twelve o'clock they were brought to my orchard-gate; I saw the red cloak at the top of it, but did not examine it till we got to Mr. Chaovel's, the Justice's; the hamper was so full that it would not shut down, and we saw the red cloak and the

flannel petticoat at the top; we found at the Justice's all the things we missed.

JAMES SMITH sworn. - I am a constable; (produces the property).

Mrs. Bardrick. I know these are my husband's clothes, a dog bit him and tore his breeches, and there was a piece put in, that makes it very particular; this is my cloak, it is worth twelve shillings, I am sure it is mine, it cost me twenty shillings; the dollar was found in these breeches pocket, there are two very remarkable shillings amongst this money that I know them by.

JOHN BARDRICK sworn. This is my coat and hat.

Q. Did you see these things at the Justice's? - A. Yes.

Q. Are you sure they are the same? - A. Yes; as soon as I saw the prisoner, I said to him, where are the rest of the things, where is the dollar that is missing, and he said, here are all your clothes and all your money, and every thing that I have taken, and never a lock broke; he said he had not taken the dollar at all.

Q. What is your coat worth? - A.Twelve shillings; the hat is worth two shillings, and the breeches, eight shillings.

JOHN BURGESS sworn. I saw the hamper taken out of the ditch.

Q. Was it opened by any body before it was carried to the Justice's? - A. No, I do not think it was; he said he would shew us where these things were, and they were taken out of the ditch.

Q. Were those the words, that he would shew you where the things were? - A. Yes.

Q. When the hamper was taken out, did you see any thing particular? - A.Only the red cloak and the petticoat.

Prisoner's defence. They took seven shillings and six-pence from me in silver, and I think two shillings and eight-pence in halfpence, which was my own, that I had had in change out of the half-guinea that I had of my sister.

GUILTY Death . (Aged 22.)

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

Reference Number: t17970920-4

487. RICHARD BARBER was indicted for making, forging, and counterfeiting, a certain order for the payment of money , the tenor of which is as follows:

No. 800.

June 7, 1797 .

To the Cashiers of the Bank of England.

Pay to Thomas Wilkinson, Esq. or bearer, the sum of Five Pounds.

Entered J. James.

B. Phillips.

With intention to defraud William Brown .

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

Third and fourtb Counts. The same as the first and second, only varying the manner of charging.

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

ANN BROWN sworn. - Examined by Mr. Vaillant. I live at No. 81, East-Smithfield; my father's name is William Brown, he keeps a hosier's and haberdasher's shop : On the 20th of last June, about twelve o'clock at noon, the prisoner came into the shop, and said, he wanted two or three pair of stockings, and I must give him change for a note; I said, if he would let me look at it, I would see for the change; I called my brother down stairs, and sent him with it to my father, at a neighbour's house.

Q. Did you see the date? - A. Yes; it was a Bristol Bank-note, payable by the Cashiers of the Bank of England; I did not observe the number.

Q. What is your brother's name? - A. Joseph Brown .

Q. Did you see the note afterwards? - A. I saw it in my father's hand.

JOSEPH BROWN sworn - Examined by Mr. Vaillant. Q. Did you, on the 20th of June, receive any paper from your sister? - A. Yes; a five pounds Bank-note.

Q. What did you do with the note? - A. She told me to take it to my father, at a neighbour's house, Mr. Clark's, Manor-row, Tower-hill, and I gave him the note.

Q. It was the same note that you received from your sister? - A. Yes.

WILLIAM BROWN sworn. - Examined by Mr. Knowlys. - I keep a hosier's shop, No. 81, East-Smithfield: On the 20th of June, my son brought me a five pounds note; I called in at Mr. Roebuck's, and shewed him the note.

Q. What did you do with the note? - A. I gave the note to Mr. Roebuck, and then came home.

Q. Before you gave it to Mr. Roebuck, did you notice what the note was? - A. It was for five pounds, drawn from Bristol, directed to the Cashiers of the Bank of England; I observed the number particularly, it was No. 800; it is made payable to Robert Wilkinson, or bearer.

Q. When you went home, did you see the prisoner at the bar? - A. Yes; that is the man; I asked him where he had the note; I told him I had been informed there were a number of bad notes of that description; he told me had taken it on board a ship he believed, of a mate; I asked him what goods he wanted, he told me, two pair of stockings for himself, and two or three pair for a woman; I told him there was a friend of mine gone to the Bank, to know if it was a good one, and when he returned, I would give him the difference in change; he said, no, he could not wait, he

must be going, and seemed very much agitated; I said, wait a few minutes, my friend will return back presently, and we may as well settle it at once, and take your change with you; he said,no, he must be moving, he could not stop; I then asked him if he wanted any other goods; he said, no; says I, do you went a silk handkerchief; says he, I want one, but I do not see a good one; I desired my daughter to pull one down that was a good one, he liked the handkerchief, and put the stockings in the handkerchief, and tied them up, and ran out of the shop quite in haste; he would not give me leave to tie them up in a paper; I forgot to state one part of the conversation; I asked him what his name was, when he was in such a hurry, and would not stop till Mr. Rocbuck returned.

Q. Mr. Roebuck was the friend that you sent to the Bank? - A. Yes; I asked him his name, and he said, Richard Barber; I asked him what ship he belonged to; he said, the Mary, of Yarmouth; I asked him when he would return for his change; he desired me to be sure to have it ready, and he would come at six o'clock.

Q. Did he say where the Mary, of Yarmouth, then lay? - A. Yes; he said she lay at Wapping old stairs; after Mr. Roebuck returned, I went down to Wapping Old Stairs, and enquired amongst the watermen, but could not hear of any such ship.

Q. Did you ever see the prisoner after that, till you saw him before my Lord-Mayor? - A. No.

Q. How long might that be after he was at your shop? - A. It might be about three weeks or a month.

Q. How came you to ask him what ship he belonged to? - A. He was in a sailor's habit, I thought he was a mate, or something of that kind.

Q.When Mr. Roebuck returned, did he return you the same note? - A. Yes; out of his hand into mine, in the street.

Q. Was it the same note? - A. Yes.

Q. Have you had it ever since? - A. No; I delivered it to Mr. Abraham Newland .

Q.When you delivered it to Mr. Newland, did you get any copy of it? - A. Yes; it was made by one of Mr. Newland's clerks.

Q. Did you examine it with the note, to see if it was a correct copy? - A. I did.

Q.Then when you see the note again, you will be able to ascertain whether it is the same note, or not? - A. Yes.

Court. Q. Is that a correct copy? - A. Yes; Mr. Newland said it was pretty correct.

Mr. Knowlys. Q. Should you know the gentleman again that gave you the copy, if you saw him? - A. Yes, I think I should.

Court. Q. You said you examined the copy with the original yourself? - A. Yes.

Q. Was it word for word? - A. Yes, it was.

Mr. Knowlys. Q. How much did the goods amount to? - A. A guinea and a half.

Q. Then 3l. 9s. 6d. remained due to him? - A. Yes.

JOHN ROEBUCK sworn-Examined by Knowlys. I am a grocer, at No. 26, East-smithfield.

Q. Are you acquainted with Mr. William Brown? - A. Yes; on the 20th of June I received from him an order on the Bank of England, for the payment of five pounds, it was drawn by B. Phillips, and payable to Thomas Wilkinson, or bearer, dated Bristol, the 7th of June; he delivered it to me, and I took it to the Bank.

Q. Had you observed the number, and the payer, and the drawer's name, before you took it to the Bank? - A. Yes; I took particular notice of it.

Q. To what office in the Bank did you take it? - A. The drawing-office; I presented it to Mr. Rippon, he delivered if to Mr. Richards, the principal of that office; Mr. Richards carried it into another room, and left me in the office, I was desired to walk into that other room, and I found it in the hands of Mr. Newland.

Q. Were Mr. Rippon and Mr. Richards both present when you saw it in the hands of Mr. Newland? - A. I believe neither of them.

Q. Did you know it to be the same that you had delivered to Mr. Rippon? - A. I have no doubt of it; Mr. Newland refused payment, I brought it back again, and returned it to Mr. Brown.

THOMAS RIPPON sworn. - Examined by Mr. Vaillant. I am clerk in the drawing-office, in the Bank; on the 20th of June, Mr. Roebuck came to our office with a Piece of paper, purporting to to be drawn from Bristol, dated the 7th of June, payable to Thomas Wilkinson , Esq; or bearer, for five pounds, signed B. Phillips, drawn on the Cashiers of the Bank of England.

Q.Did you notice the number at the time? - A. Yes; I noticed the number to be 800; when it was presented to me by Mr. Roebuck, it appeared to me to be a forgery; I then presented it to Mr. Richards, the principal of the office to which I belong.

Q.From whom did you receive the note? - A.From Mr. Newland.

Q. Do you know whether that was the same note that Roebuck presented to you, and that you presented to Mr. Richards? - A.From the number and name, and its having been drawn partly in manuscript, and partly engraved.

Q. Do you happen to know whether the Bank of England has any correspondence with a person of the name of B. Phillips? - A. No, they have not

nor have they any correspondence with any person at Bristol.

Court. Q.How do you know that? - A.As a proof of it, I referred to our ledger, which contains the names of all our correspondents, and no such name appears.

JOSEPH RICHARDS sworn. - Examined by Mr. Knowlys. You are head clerk in the drawing-office in the Bank? - A. I am.

Q. Did you receive, on the 20th of June, any note from Mr. Rippon? - A. I did.

Q. Look at that note, and see if that is the note you received from Mr. Rippon? - A. I believe this to be the note.

Q.Have you any doubt of it? - A. None at all.

Q. What did you do with it after you received it from Mr. Rippon? - A. I told Mr. Rippon, I believed it to be a forged note; and I carried it to Mr. Newland.

Q. Did the Bank pay it or not? - A. No; we refused payment of it.

Q. You being the principal in the drawing-office, I would ask you, if the Bank have any correspondence with a person of the name of B. Phillips? - A. No such person; I examined the ledger.

Q.Have you any doubt that this is the same note? - A. I have none at all.

Mr. Knowlys. (To Roebuck.) Q. Look at that note, and tell me if that is the same that you delivered to Mr. Rippon, on the 20th of June? - A. I really believe it is, I cannot entertain any doubt of it.

Q. Does it correspond in every respect? - A.It does.

Mr. Knowlys. (To Brown.) Q. Is that the same note you received from Mr. roebuck, when he returned from the Bank? - A. I Believe it is.

Q. Have you any doubt of it? - A.None at all, I am sure it is by one particular mark.

Q. What particular mark? - A. In the figure of seven in the day of the month.

Q. Is that the same note you received of Mr. Newland? - A. I believe it is.

Q. Is that the same note that you gave Mr. Newland? - A. I believe it is.

Q. Is that the same note that you gave Mr. Newland? - A. Yes, and the same that I received from him; I had it in my possession a fortnight before; I called upon Mr. Newland with it.

Q. Are you sure it is the same note you delivered to Mr. Roebuck? - A. Yes. (It is read.)

No.800, June 7, 1797.

To the Cashiers of the Bank of England.

Pay to Thomas Wilkinson , Esq. or bearer, the sum of five pounds. B. Phillips.

Five Pounds. Entered. J. James.

Mr. Knowlys. (To Ann Brown .) Q. Do you recollect whether that is the same note or not? - A. I have no doubt but it is the same note.

Q.(To Joseph Brown.) Look at that paper, and tell us if you recollect any thing of it? - A. Yes; this is the same note that my sister gave me.

Jury. Q. Did not you say, that you did not read it? - A. I read it so far as to see that it was No.800.

JAMES FRY sworn. - Examined by Mr. Vaillant I am accompting post-master, at Bristol; I have lived there above twenty years.

Q. Do you know a house there of the name of B. Phillips? - A. I know of no such person.

Q. Did you make any enquiry after such a person? - A. Yes, through, the medium of the letter carriers; but could not hear of any body of that name.

Q. Did you enquire of any other class of people that was likely to know? - A. No, I did not.

JOSIAH HINDMAN sworn. - Examined by Mr. Knowlys. I am clerk in the City Solicitor's Office, at Guildhall.

Q. Did you go to Bristol to enquire after a person of the name B. Phillips? - A. Yes; I examined as many of the parish books as I could get at in the short time I was there, and there was no such name; I enquired at the office of the Town-Clerk, where the rates are returned; I enenquired at some of the inns, and I enquired at the Post-Office, where I saw all the letter-carriers together, but could not hear of any such name; in one of the parish books there appeared to be a person of the name of Betty Phillips, whether her name was Betty or Elizabeth, they could not tell; the best account I could get of her was, that she kept an old clothes shop; I went to the street where she lived, but could not find any such person there; I enquired at two or three other clothes shops, but could not hear of her; I also examined the Directory, but found no such name there.

Prisoner. I have nothing to say, but leave it to the mercy of the Court.

GUILTY Death . (Aged 27.)

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17970920-5

488. MARIA DARVIN was indicted for feloniously stealing, on the 4th of August , a silver watch, value 30s. a steel watch chain, value 6d. a steel seal, value 6d. two linen pocket handkerchief, value 8d. and three half-crowns , the property of John Symons .

JOHN SYMONS sworn. - I was a newsman at the time this happened, No.15, Coventry-court: On the 4th of August, about twelve, o'clock at might, I met the prisoner in Spur-street, Leicester-fields; I went with her to Mrs. Clark's, in Prince's-court, Whitcomb-street ; I was in liquor, I believe I had drank too much; I went to sleep almost di

rectly, and did not know any thing of the loss till morning.

Q. How do you know you had your watch when you went into the house? - A. I am perfectly clear of that.

Q. You were in liquor you know? - A. I am very clear of that.

Q. A great many girls spoke to you? - A. No.

Q. None? - A. I do not know, none, I am certain I had my watch then.

Q. What makes you certain? - A. I know I had it.

Q. You must give us some reason why you are certain; did you find your watch again afterwards? A.- No, I found nothing; the pawnbroker produced the watch at Bow-street.

Q. But what makes you clear that you had your watch when you went into the house? - A. I certainly had it, and saw it just before, while I was with that person.

Q. How long before had you seen it? - A. I do not think it could be many minutes before I went into the house.

Q. Are you sure that you saw it before you went into the house? - A. Most assuredly I am.

Q. As soon as you got into the house, you went to bed, I suppose? - A. I did.

Q. With this woman? - A. Yes.

Q. Where did you put your breeches? - A. Under the bolster.

Q. Are you quite certain of that? - A. Yes; when I awoke in the morning, I found the breeches upon the bolster instead of under it.

Q.Where was the woman? - A. She was gone; when I came down, I enquired of the person, who I took to be the master of the house, and found the was gone; I told him what I had lost, and left the house; I know nothing more than that, till I understood she was taken up, this was of the Friday, and she was taken up on the Wednesday following, when my watch was produced, and one of my pocket handkerchiefs.

Q. Look at that woman, and tell me if you can swear that is the woman you picked up? - A. No; I cannot swear to her.

ELIZABETH CLARK sworn. - I live at No. 1 Prince's-court, Whitcomb-street.

Q.What house do you keep there? - A. A lodging house; the prosecutor brought in that young woman to sleep with him at my house, on a Friday, about twelve o'clock at night.

Q. Did she lodge in your house? - A. Yes; she had lodged there about a week, she got up before the man, and went out.

Q. How do you know that? - A. She came down stairs about three o'clock to get some water, she said, the person she had up stairs was very dry, and wanted some water, and then she went out, she did not return with any water, and in the morning this man got up, and said, he had been robbed of a silver watch, and his pocket handkerchief, and some money.

Q.How many lodgers had you in your house? - A. Only one besides her.

Q. In the same way of life, I suppose? - A. Yes.

Q.You saw this man come in over night? - A. Yes.

Q. You saw that he was very drunk? - A. No, I did not see that he was drunk.

Q. And you saw her too? - A. Yes.

Q.Was no liquor called for? - A. Yes; they had three half quarterns of gin, I asked a girl to go and get it for them, that lived just by, I had no servant.

Q. What apartment in your house does this woman occupy? - A. She had no room particularly.

Q.Nor the other had no room particularly, I suppose? - A. No.

Q.Whoever they brought home had a room to go into? - A. Yes.

Q.What room had they? - A. The two pair of stairs.

Q.How came they not to have the one pair? - A. There is only one room on a floor.

Q. Is that according as they pay? - A. Yes.

Q.You get paid first, do not you? - A. Yes.

Q.What are you paid? - A. One shilling.

Q.Is this woman at all in your debt? - A. No.

Q.Not at all? - A. No.

Q.Perhaps she did not bring much company to the house? - A. No, she did not live long with me.

Q. But during the time she was there, was she a prositable lodger? - A. Yes.

Q. You have had no quarrel with her? - A. Not the least in the world.

Q. Was the other woman at home at the time this happened? - A. No; she came in about six o'clock in the morning.

Q. Are you sure that nobody could go into this man's room that night? - A. I can almost swear that they could not.

Q.What does your family consist of? - A. There were only three people in the house, me, and the young man that I live with, and the young girl that lodges with me.

Q.What became of her when she came in? - A. She went up stairs in the one pair, and went to bed.

Q.Might not any body take a man into your house? - A. No, only people about the neighbourhood that I know.

Q. Do you mean to say, that none of them were

there that night? - A. I am very positive there was not.

Q.Then it is not only open for those girls that lodge in your house, but any body in the neighbourhood? - A. Yes.

Q.Which of them paid you a shilling for the bed, the man or the woman? - A. The man.

Q. You were sober that night, I suppose? - A. Yes, perfectly.

Jury. Q. How do you know that she went to bed at six o'clock? - A. I heard her go up stairs into the one-pair.

Jury. Q. Who let her in? - A. The young man that I live with.

Court. Q. Did you receive no more than one shilling? - A. No.

Q. Nor expected no more in the morning? - A. No.

GEORGE DONALDSON sworn. - I am constable of St. Martin's in the Fields: On the 5th of August last, I was sent for by Mrs. Clark, the last witness, to take charge of a woman that had stole a watch; I went to take her backwards, and I conceived that she was hiding something between her legs, upon which account I called for a woman of the name of Mrs. Brown, to come and search her, she searched her, and said she could find nothing; there was a parcel of girls in the front parlour, and I believe a man or two might be there at the same time; there were three or four girls.

Q. In the front parlour? - A. Yes; I took her up stairs, and stripped her, I could find nothing at all about her, and I told her, you have had the watch, and the duplicate is somewhere about you; Mrs. Brown said she had better own where it was.

Q. Then you must not tell us what she owned? - A. I went down stairs, and found a huswife with eighteen duplicates in it, lying behind the door, I think the must have kicked it from where she stood; amongst them was a duplicate of a watch, pawned at Battersea; then I went to Bow-street, and she was committed upon Mrs. Clark's evidence: I went to Battersea, and found the watch there by the duplicate.

JAMES GRIFFIN sworn. - I am a pawnbroker, at Battersea: On the 5th of August last, a woman came in and offered a watch to pawn, I cannot say whether it was the prisoner or not, she looks like the woman, but I cannot swear to her. (Produces the watch).

Q. Is that your duplicate that the constable has got? - A. Yes, it is; she said her husband and she had come from Portsmouth that day, and they did not like to pawn the watch till they got as near home as they could, and they made all the shifts they could upon that account.

Symons. This is my watch, my name is upon the dial plate.

Prisoner's defence. I was at Winkworth's buildings, City-road, at the time that he says I was with him.

NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-6

489. JOHN BLYTHE was indicted for feloniously stealing, on the 3d of August , twenty packs of playing cards, value 20s. the property of Henry Hart .

FRANCES SMITH sworn - I am housekeeper at Mr. Hart's, in Lamb's-Conduit-street ; the prisoner was shopman there: On the 3d of August, I arose a few minutes after seven, I looked to see if the prisoner had opened the shop; I saw his brother, Edward Blythe, standing by him, tying up a parcel in a white cloth, which I knew to be a very improper thing; his brother is apprentice to one of our journeymen, I forget his name; I went out into the shop, and asked Edward what the parcel was, and he seemed so agitated at seeing me, that he pushed it from him, and put his hat upon the top of it; then I said I would see what it was; I looked, and found it was Mr. Hart's property; the prisoner's brother had no business in the shop at all.

Q. Was the prisoner near his brother? - A. No; he had just been sweeping the shop, and was going with the broom to put it in it's place; when I asked what the parcel was, he was passing by between him and me.

Cross-examined by Mr. Gurney. Q. It was the prisoner's business to open and sweep the shop? - A. Yes.

Q. He was in his proper employment? - A. Yes.

Q. And in going to put the broom by, he necessarily passed his brother? - A. Yes.

Court. Q.Where did the prisoner's brother work? - A. In the back shop.

Q. Did he go through the fore shop in order to get into the back shop? - A. Yes.

WILLIAM DEAN sworn - I am clerk to Mr. Hart: All that I know about it is, that he acknowledged himself one of the confederates, before Mr. Blamire.

Q.Was that taken in writing? - A. No.

Q.What was said to him to induce him to acknowledge it? - A. Mr. Blamire asked him what the cards were to be done with, and he said they were to be sent to Norwich, to his mother who was a poor washerwoman, with what packs they could make up; he confessed it, and was very sorry for it.

Q. Are you sure it was not taken down in writ

ing? - A. O yes, all that Blythe said was taken down in writing, I believe it was, but I cannot swear it; I saw this bunch of keys taken out of his pocket, and they were given to me. (Produces them).

Q. What do you know about those keys? - A. Nothing at all.

Cross-examined by Mr. Gurney. Q. Do you mean to say there is a picklock key amongst them? - A. No, I do not.

JOSIAH STONE sworn. - I am foreman to Mr. Hart: On the 3d of August, in the morning, between seven and eight, I was sent for by Mrs. Smith; she had seen the prisoner's brother tying up a bundle, which, when I looked at, I found to be Mr. Hart's property.

Prisoner's defence. I know nothing at all about them.

Mr. GORMAN sworn. - My father is a merchant, in New Broad-street, in the city; I live clerk with Messrs. Winter and Kay: I have known the prisoner about twelve months; he lived in my father's service about twelve months, during which time he was perfectly honest.

Court. Q. How long ago? - About fourteen months ago.

Q.(To Stone). How many packs of cards did you find in the bundle? - A.Twenty packs.

Q. What are they worth? - A. Twenty shillings.

NOT GUILTY .

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

Reference Number: t17970920-7

490. JAMES PADBURY was indicted for feloniously stealing, on the 4th of September , two quartern loaves, value 1s. 6d. the property of Robert Shaw .

GEORGE CRAIG sworn. - I am servant to Mr. Robert Shaw, baker , No. 14, Cambridge-street, St. James's: I had left my basket the corner of Rathbone-place , on Monday, I think it was the the 2d of September, about eleven o'clock in the forenoon; I went to two or three customers that I had in Charlotte-street, I returned in about ten minutes; I saw the prisoner at the bar lift up the sack which covered my basket, and take out two quartern loaves; I immediately followed him about twenty yards, took him by the collar, and told him he had robbed me of these two loaves now produced in Court; he made a scuffle, and wanted to get from me; he said he was much in distress, and wished I would let him go; I told him I had lost so much bread at that place before, that I believed he was the person that had stole it; he dropped the two loaves, and I took them up and delivered them into the custody of a constable that came up.

Cross-examined by Mr. Const. Q.This man told you he was very much distressed? - A. Yes.

Q. Did not you find out, afterwards, that that was very true? - A. Yes.

Q. You found out what family he had? - A. Yes.

Q. That he was the distressed man that he professed to be? - A. Yes.

Q. You left your basket and went to a distance? - A. Yes; I might have gone an hundred and fifty yards.

Q. And you left your basket open as a bait for every distressed man that might come? - A. I had a sack over it.

Q. But that sack was loose? - A. It was sewed on in one place.

Court. Q. You found that he was a distressed man? - A. Yes.

Q. What family had he? - A.His wife came to my master, and said she had three children, but she had but one with her.

Prisoner's defence. I am a poor man, with three small children, and my wife very near lying in again in the workhouse; I have buried six.

THOMAS SHARMAN sworn. - I live in Bow-street, Bloomsbury, I am a painter and glazier; I have known him twenty years, and know his family.

Q. Has he been reduced a great deal in the world? - A. Yes, by a large family; he is a very honest industrious man, he was formerly a gentleman's servant, lately he has been in different employments, as porter.

Court. Q.What family has he? - A. A wife and three children.

MATTHEW SMITH sworn. - I have known the prisoner about a year and a half, he has always been a very sober and industrious man since I have known him; he has a wife and three children, and his wife big again. NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-8

491. JOHN PARR was indicted for feloniously stealing, on the 2d of September , a metal watch, value 3l. a silk ribbon, value 2d. and a metal watch-key, value 6d. the property of Alexander Rogers .

ALEXANDER ROGERS sworn. - I live at No. 28, Clipstone-street , I am a jeweller : On Saturday, the 2d of September, in the evening, I had been out to spend the evening with a friend, at the Crown, in Cranbourn-passage , I left that house about ten o'clock, and went immediatly home; some time after I had been at home I missed my watch; when I left the Crown in Cranbourn-passage it was in my pocket; next morning I

went to Bow-street, and had hand-bills printed and delivered to the pawnbrokers from there; on Thursday I had a letter desiring me to attend there on Friday, that my watch was found; I attended, the watch was produced by the pawnbroker, Mr. Lane's servant; it was a metal gilt watch, the maker's name Robert Perry , and the number of the watch twenty-five; it had a silk ribbon very much worn, and one metal key, no seal.

Cross-examined by Mr. Alley. Q. I believe you knew the prisoner before? - A. I knew him by sight, I believe, twelve years before; I never spoke to him in my life.

Q. You did not see him the day you lost your watch? - A. No.

Q.Cranbourn-passage is a very light place, with candles in the windows? - A. Yes.

Q. And you did not see him that day? - A. No.

Q. It was three or four days after the hand-bills were distributed that the watch was pawned? - A. The hand-bills were not distributed till the Wednesday.

DAVID LAMB sworn. - I am journey man to Mr. Lane, pawnbroker, the corner of Smart's-buildings, Holborn: On Monday, the 4th of September, between the hours of ten and twelve in the forenoon, the prisoner at the bar came to our house, and offered this watch to pledge; he asked me twenty-five shillings on it, which I gave him without any hesitation.

Q. Are you sure as to the person of the prisoner? - A. I am positive; on the Wednesday morning, receiving a hand-bill from Bow-street, I found that we had the watch; I went to Bow-street, and gave information of it; the prisoner told me he lodged at No.8, Belton-street, Long-acre; in consequence of which, I informed Croker, who went with me, and there we took him, but not at that number, there being no such number in the street, we took him at the Three-tons, in Belton-street.

Q.What number was the Three-tons? - A. I cannot tell.

Q. Do you know the number of either side? - A. No.

Cross-examined by Mr. Alley. Q. Are you positive that is the man? - A. Yes.

Q. Did you know him before? - A. No.

Q. There are a great many houses in that street? - A. Yes.

Q.Twenty or thirty houses? - A. Yes.

Q. Then you know there must have been No. 8, but you did not see it? - A. I did not.

Q. You would have lent him more than twenty-five shillings upon it if he had asked it? - A. Yes.

Q. And you found him in consequence of his giving you his name? - A. Yes.

Court. Q. In what name did he pledge it? - A. In the name of John Parr .

Q. Did you hear him say any thing when he was taken into custody? - A. No; when Croker asked him where he had got the watch that he had pledged with me, he said he had it from one Solomons, a Jew; and turning round, and seeing me, he said, that is the gentleman I pledged it with.

HENRY CROKER sworn. - I am an officer belonging to Bow-street: In consequence of an information I received from Lamb, I went to Belton-street, to look for No 8, I went into a house belonging to a friend of mine, and asked him if he knew such a person as John Parr? he said, yes; he had formerly kept a public-house just by, and now lodged there; I went to the house, and asked for him, and was shewn him in the tap-room, drinking with company; I called him out, and he came with me immediately; the pawnbroker was there, and I asked him where he got the watch that he pledged with him; he said he got it from one John Solomons , a Jew; I said, immediately, to him, you must go with me before the Magistrate, to Bow-street, and he went very readily with me; I was going to search him, and immediately, without my searching him, he put his hand in his pocket and gave me the duplicate. (Produces it.)

Q. Did you know him before? - A. I might have seen him.

Q. Do you know his way of livelihood? - A. I have heard that he deals in skins and furs.

Cross-examined by Mr. Alley. Q. It is very usual, I believe, at public-houses, that watches are left there for the purpose of being pawned? - A.Such things may be done.

Prisoner's defence. I met John Solomons that day, says he, is there any of our people here? no, says I, you know they never come till eleven o'clock; he asked me to lend him a guinea; I told him I had not one; and he asked me to pledge the watch for him; he said, he had bought a lot and had not money enough to pay for it; and I went and pledged it for him, I have never seen him since; I have sent after him, several times, but since I have been taken up he has never been heard of at his house, where he has lived some years.

CHARLES RENWICK sworn. - Examined by Mr. Alley. Q. What are you? - A. I live independently: I have known him seven years, I always found him very honest; he has frequently received cash for me of my agents; I have frequently lost my gold watch with him when I have been going out to spend the evening.

Q.You know there is a No. 8, in that street, I believe? - A. There was if it has not been effaced.

NOT GUILTY .

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

Reference Number: t17970920-9

492. SARAH WARWICK was indicted for feloniously stealing, on the 13th of September , a piece of printed calico, value 30s. the property of Mark Marley , privately in his shop .

EDWARD EVANS sworn. - I am shopman to Mr. Marley, linen-draper , in Holborn : The prisoner came, with another young woman, last Wednesday morning, between eight and nine o'clock, to look at some printed calicos for gowns; I shewed her several, amongst the rest I shewed her this piece, (producing it); they fixed upon a pattern for a gown, and ordered it to be put by; they said they would leave two shillings, and when they came back again they would pay the remainder part of the money.

Q. What was the value of it? - A. Thirty shillings; they went away then, and before they had got out at the door, I missed this piece of print; I ran after them directly, and brought the prisoner back; I found this piece of print concealed in her apron.

Q. See if that is your master's property? - A. Yes; here is the length of it in my own writing.

MARK MARLEY sworn. - I did not see her take the property, I saw her bring it back again.

The prisoner did not say any thing in her defence.

GUILTY Death . (Aged 21.)

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

Reference Number: t17970920-10

493. THOMAS BOOTH was indicted for returning from transportation before the expiration of the term of seven years, for which he was ordered to be transported .

JOHN OWEN sworn. - (Produces the record of the conviction of the prisoner). I had this from Mr. Shelton, I saw him sign it; (it is read); I was present when he was tried, I know him to be the person; I delivered him at Woolwich, in the November following.

JAMES LIMBRECK sworn. - I am an officer belonging to Bow-street: I apprehended the prisoner on the 4th of this month, upon suspicion of returning from transportation, from an information that I received; I apprehended him in Parliament-street ; he was walking along with another man that I did not know.

HENRY LOGGAN sworn. - The prisoner was delivered on board the Prudentia, at Woolwich, on the 21st of November, 1796, and escaped while at work in the Dock-yard, on the 4th of July, 1797.

Q. Are you sure he is the man? - A. I have no doubt of it.

Prisoner. I leave it to the mercy of the Court.

GUILTY Death . (Aged 18.)

Tried by the first Middlesex Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-11

494. DAVID WILLIAMS was indicted for the wilful murder of William Payne .

JOHN LAVAL sworn - Q.What are you? - A. A gentleman, an officer.

Q. Where were you at the time this business happened? - A. In the Fleet.

Q. A prisoner? - A. Yes.

Q. Was Williams a prisoner there likewise? - A. Yes; the origin of this business was a quarrel at the game of rackets, about half after six o'clock in the evening, there were four people at play, the prisoner was one; the deceased interfered in consequence of some words passing; the deceased called the prisoner a rascal and a swindling thief, and said every thing that could exasperate a man; he held his list in his face, and kept on in that kind of way for some minutes; he came up to him and trod upon his toes, and the prisoner said, why do you tread upon my toes; he kept on that abusive language, and the prisoner struck him with his fist somewhere about the face.

Q. Did you observe whether his hand was open or shut? - A. Not particularly, but I think it was shut; there were one or two blows.

Q. Did the deceased return the blow? - A. I did not see him.

Q. Can you tell us whether he did or did not? - A. I think he did not.

Q. How may blows did this man strike? - A. Two or three; it was all done in a moment, and to all appearance it was a blow that would not hurt a child of ten years old.

Court. Q. Did he fall? - A. No, he did not; nor he did not slagger; he did not appear to be affected by it in the least.

Mr. Fielding. Q. Was there a wall near that he might fall against? - A. They were close to a wall, but I did not see him fall against it; he did not fall at all.

Court. Q. It did not last many minutes? - A. No; it did not.

Q. Do you know whether this man struck him at all, or only held his fist in his face? - A. I did not see him strike him at all; he held his fist very near his face in a very menacing manner.

Q. Are you sure there were not more than three blows? - A. Yes.

Cross-examined by Mr. Fidding. Q. After having made use of all that exasperating language, and putting himself in that insulting posture, you heard him say to the unhappy man, what do you tread upon my toes for, and then he struck him? - A. Yes.

Q.Williams had been playing in a party at rackets? - A. Yes; and the deceased began with a volley of abuse, and he said he had no business with it, for the prisoner had given it up, rather than have any words.

Q. It did not strike you at the time, that any ill consequence would follow, but the man was able to walk away? - A. Yes; I did not think it would have hurt a child.

Q. How long was it before it was communicated to Williams that this man was ill? - A. A quarter of an hour, or ten minutes.

Q. When it was communicated to him, he shewed every mark of sorrow? - A. Yes, perfectly so; he sent his wife out for a surgeon, and made use of every exertion he possibly could.

Q. What kind of a man was he? - A.A perfectly quiet man.

Q. You never saw any tendency to a quarrelsome disposition? - A. No; the deceased took the part of another man, there were some few words; Mr. Williams said he would give it up, and leave off play.

FRANCIS DAVIS sworn. - On the 8th of August, about half past six in the evening, several people collected together in the racket-ground, and there seemed to be a dispute, or quarrel, at which time I was going across the ground, and saw Williams come away from them; I went up to him, and asked him what was the matter, he told me, he believed it was a quarrel between the racket master and some of them, and that he had come away, that he had nothing at all to do with it; upon this the deceased came up to him, and began to abuse him, and called him a d-d rascal, and said it was a d-d shame, that they had been playing so long, preventing other people from play; Williams desired that he would go about his business, that he thought he had nothing at all to do with it, as the ground did not belong to him, and therefore wished he would let him alone at this time; I thought the deceased was rather intruding, and begged he would not use bad language, but go along about his business, as he had nothing to do with what we were talking about; and then Williams said, the two or three last games, the racket master had given them no white balls, and if he had thrown one over, he would not have paid for it; some people came up, and took off Williams's attention from him, but he kept on abusing him, and called him a d-d swindling thief; this irritated Williams, and he turned round from the other person, and then he came up with his list clinched in Williams's face; Williams said, if I was to strike you, I suppose you would take me down to the gate; upon this Payne answered and said, that he would; at this time, another person interfered, and exclaimed against his making use of their names, upon which Williams retired to some little distance, and stood up against the wall; as soon as this person had done speaking to him, Payne went up to the wall to Williams, and there he held his list in his face, with a volley of abuse and bad language; Williams stood against the wall with his arms folded at that time, there was a sort of a jostle, they pushed each other, upon which Williams said, d-n you, why do you tread upon my toes, and instantly the blow was struck, it was all done in half a minute; Payne staid there three or four minutes and then walked away.

Cross-examined by Mr. Fielding. Q.Williams actually retired from his abuse to the wall? - A. Yes.

Q. And then Payne followed him up again? - A. Yes; after another person had interfered.

Q. Did the jostle appear to you to come from Williams, or from Payne? - A. It was done so instantaneously that I cannot say, but I rather think it was from Payne, but the whole of it was not half a minute.

Court. Q. Did you happen to see where the blow was struck? - A. No, I did not.

Court. Q. He did not fall, or stagger? - A. No; I did not conceive any ill consequence could have followed, he was standing close to the wall.

RICE BAYNARD sworn. - I am a surgeon in Newgate-street; I was sent for on the 8th of August, between eight and nine in the evening; I found the deceased in a stupid state, he could not speak, he had vomited much blood, there were several physicians there; I asked if any thing had been done for him, they said, they had bled him freely; I ordered some medicines which could not be got down him; and the next morning they sent me word he was dead; I opened the head on the ninth, and found a great quantity of extravasated blood between the dura mater and the cranium, to the amount of sixteen ounces, which pressing upon the brain, was the cause of his death.

Cross-examined by Mr. Fielding. Q. What occasioned that extravasated blood, you cannot say? - A. It must be from the blow he had received.

Q. To what cause did you attribute that blood that had been vomited? - A. It might come from ruptured vessels of the head.

Q. Without being informed that any blow had been given, did that simple circumstance indicate that it proceeded from a blow? - A. The blow was very evident upon the temple, and an instammation formed there.

Court. Q. I take it for granted, there must have been some injury done upon the outside of the head? - A. Yes, upon the temple.

GUILTY

Of manslaughter.

Fined 1s. and discharged.

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-12

495. JOHN BRIANT was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 19th of July upon Jane Bell , spinster , did make an assault, and her the said Jane, against her will, feloniously did ravish, and carnally know .

JANE BELL sworn. - Q. How old are you? - A. I cannot tell exactly, I suppose, between fourteen and fifteen; I am servant to Mrs. Pollard.

Q. What is she? - A. In the milk business; I have been servant to her, I think, about nine months.

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

Q. When did you first see him? - A. The first time I saw him, was the night it happened, the 19th of July, about nine o'clock; I was putting my mistress's cows in the Green-Park.

Q.Had you put the cows in? - A. Yes; and was going to lock the gate again, when this man came up to me.

Q. How was he dressed? - A. He had a brown coat on; he was not dressed as he is now, he has changed his dress; he asked me if I was putting the cows in, I said, what was that to him; he said, he would go along with me, and I said he should not; he then took me by the two arms, and hauled me from the gate, into the Green-Park; when he found I would not go with him, and there was nobody near at the time, he took me under his arm, he stopped my mouth; I cried out, and he put his hand upon my mouth, so that I could make no noise; he carried me upon Constitution hill , and flung me down upon my back, just by the bason, near the rails.

Q. The upper bason towards Hyde-Park? - A. Yes, near the top of the hill; he flung me down in a hole, upon a slanting place, on the hill; then he sat down upon his knees, and loosened his small clothes; I got away from him, and he got hold of me again, and flung me down again; he took up my clothes, and entered my body.

Q. Though we all understand what is meant, you must tell us what he entered your body with; was it with his hands or with his legs? - A.From tween his thighs.

Q. Was it with his p-ep-s? - A. Yes.

Q. How long did he stay upon your body? - A.About a quarter of an hour.

Q. Did you push him off? - A. No; he had me so that I could not move; I cried out, and a lady and gentleman heard me; I cried out all the time I could, he put his hand on my mouth and hindered me, and I pushed it off again.

Q. Did you feel any thing come from him? - A. Yes.

Q.How came he to get off your body? - A. A gentleman and lady came and pulled him off.

Q. What did he say when they came up? - A. Nothing at all.

Q. Do you know what they said to him? - A. The gentlewoman said, she would not leave him till he was taken up.

Q. When did you see the man again? - A. The next morning, at Bow-street.

Q. Did you ever see him before? - A. No, not to my knowledge; I had never seen him before.

Q. You say, you think you are between fourteen and fifteen, but you do not know exactly? - A. Yes.

Q.Have you ever had any man in your body before? - A. No.

Q. That you swear positively? - A. Yes.

Cross-examined by Mr. Alley. Q. You are servant to that lady who is a milk-woman? - A. Yes.

Q. I believe your business is to sell milk in the Park? - A. Yes.

Q. You stand with some cows at the entrance of the Park? - A. Yes.

Q. Does your mistress attend you there to take care of you? - A. Yes.

Q. Always? - A. Yes.

Q. You never sit there to sell milk without your mistress? - A.Sometimes I do.

Q.How long have you been employed in the Park? - A. About nine months.

Q. What time do you generally go to the Park in the morning? - A.About six o'clock.

Q. And return about nine at night? - A. Yes.

Q. I take it you go out for the cows by yourself always? - A. Yes.

Q. And return the cows to pasture by yourself in the evening? - A. Yes.

Q. The first-time you ever saw this man, was upon the 19th? - A. Yes.

Q. And the first time that day was at the time he stopped you in the Park? - A. Yes.

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

Q. Take time, and recollect, whether you had ever before that time been in the company of the prisoner? - A. No, I had not.

Q. You know the nature of the oath you have taken; you have been sworn to tell the truth? - A. Yes; and nothing but the truth.

Q. And you know the consequence of telling a falsehood? - A. Yes.

Q. Tell me whether, upon any occasion before this night, you had ever seen the prisoner? - A. No, I never had.

Q.Has it ever happened at any time, that any man has assisted you to drive the cows to pasture in the Green-Park? - A. No; never.

Q.You are sure of that also? - A. Yes.

Q. Did it happen to you on the evening of the

19th, to have been in any public-house? - A. No.

Q. You are sure of that? - A. Yes.

Q. That you are positive and certain of? - A. Yes.

Q. Were you in Picadilly that evening? - A. No.

Q. Do you know Clarges-street, Piccadilly? - A. No.

Q. Were you ever at the Duke of York's arms, in Clarges-street? - A.No.

Q. I will tell you candidly, that I am instructed to call witnesses to prove the contrary of all this; - now I ask you whether you were not in a public-house, in Piccadilly, on that evening? - A. I am very sure I was not.

Q. Were you on any evening previous to this? - A. No.

Q. Then neither on that evening or any evening before that, were you in that public-house? - A. No.

Q.Had you ever been in a public-house, within a month or two before that, with any man? - A. No, I had not.

Q. All this you are satisfied of? - A. Yes.

Q. Do you know the Westminster Infirmary? - A. No.

Q. Then you have never been in the Crown public-house, opposite the Westminster Infirmary? - A. No, I have not.

Q. The days are now tolerably short, it begins to get dusk by seven o'clock? - A. Yes.

Q. You do not continue selling milk till nine o'clock? - A. No.

Q. How happened it you should be so late this evening as nine o'clock, before you drove your cows to grass-

Court. This was the middle of July.

Mr. Alley. I beg your Lordship's pardon, I did not observe that. - Was it between eight and nine, or near nine? - A. Just about nine.

Q. It was very light then? - A. We always put our cows in at that time.

Q. It was very light then? - A. Yes.

Q. And there were a great number of people in the Park? - A. Yes.

Q. Had you locked the gate when the man met you? - A. No.

Q. Did you lock the gate before he was done speaking to you? - A. I Never locked the gate at all.

Q.Was it in the Green-Park that the cows pasture, or in St. James's Park? - A. In the Green-Park.

Q. Did this gate communicate immediately with St. James's Park? - A. Yes.

Q.You know there is a gate which leads out of St. James's Park into a foot-way, upon which you turn to the left hand through the Green-Park, was that the gate? - A. No, it was a gate below that, which goes into the Green-Park

Q. Is it a lock that requires a key to be turned before it is locked, or does it lock itself? - A. It requires a key to be turned.

Q. He carried you in his arms to the top of the hill? - A. Yes.

Q. There is a path-way along the bason? - A. Yes.

Q.It was near the bason that he took you? A. Yes.

Q. What was the reason that you did not cry out till the people came up? - A. I could not, because he had his hand upon my mouth.

Q. Some people came up, and heard you crying out? - A. Yes; they came and assisted me.

Q. When the man first stopped you and took hold of you, did you cry out? - A. He stopped my mouth when he took hold of me first.

Q. You ran away from the man once? - A. Yes; and he got held of me again.

Q. What was the reason you did not run away sooner? - A. Because I could not, he was too strong for me.

Q.As he always had the same sort of strength; why did not you run away sooner? - A.While he was loosening his small clothes, I ran away from him.

Q. This was at nine o'clock in the evening, and a great many people in the Park? - A. There were a great many people in the Park walking about.

Q.This place is very near the public path, where the people are walking up and down, at that time in the evening? - A. Yes.

Q. Do you mean to say you cried out, and none of those people came to your assistance? - A. There were none there at that present time.

Q.Then what did you mean by telling me there were a great many people there? - A. They were walking about, there was not any body at the gate.

Q. There are sentry boxes there, are there not? - A. Yes.

Q.Very near this place? - A.Not very near.

Q.Could not those sentries have heard you if you had cried out? - A. I do not know.

Q. Do you mean to say that you cried out when he first laid hold of you, and yet nobody came to your assistance? - A.Nobody.

Q. You have told us that he put his hand upon your mouth, and you pushed it off, and he put it on again? - A. Yes.

Q.Why did you not push his hand off your month at one time as well as at another? - A. He held me that I could not.

Q. Did he carry you with both his arms up this hill? - A. He held me fast under his arm with his coat tail, and he held the other hand upon my mouth.

Q. Then both his hands were employed, one in carrying you, and the other upon your mouth? - A. Yes.

Q. Now I will put the question to you again-Have you never been in a public-house with the prisoner at the bar? - A. Never.

Q.You never met him before in the Park? - A. No.

Q.Then although this man was a total stranger, he attacked you in this manner, and carried you up the Park, for the purpose of doing what you have been telling us? - A. Yes.

Q.What is the matter with you now, you are unwell I think? - A. I am very unwell.

Q. I believe you have at this moment got the bad disorder? - A. Yes; I have been very ill ever since it happened.

Q. You have been very bad indeed, with lumps, and sores, and ulcers about your groin? - A. Yes.

Q. Those sores appeared upon you, I believe, the day after? - A.Two or three days after.

Q. You were not examined for two or three days after? - A. I was examined the next day after.

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

Court. Q. Now, my girl, you say, upon your oath, that no man had been with you before that? - A. No.

Q. And since that time you have had this soul disease in a bad way? - A. Yes.

Q. Has any man had to do with you since? - A. No.

JOHN SMITH sworn. - I was in the Green-park on the 19th of July.

Q.What are you? - A. A servant out of a situation at present.

Q. Were you out of place then? - A. I was.

Q. When were you in company with Sarah Scott? - A. I was walking with her towards Hyde-park.

Q. Do you remember seeing that child that was examined? - A. Yes; a little after nine o'clock.

Q. What led you towards the child? - A. I was walking across the Park, when I heard the cries of somebody, and she persuaded me to go up to her, and accordingly I did; I found this girl screaming, and the man down.

Q. How far were you off when you heard the cry? - A. Not a great distance; as I was coming along the grass I heard the screams of this girl.

Q. What man was it? - A. The prisoner at the bar.

Q. Are you positive as to the man? - A. I cannot say positively.

Q. Is it like the man? - A. Yes; I have reason to believe it is the man.

Q. You say he was down, how do you mean? - A. He was by the side of her.

Q. How by the side of her? - A. To the best of my recollection he was upon her.

Q. In what condition were his small clothes? - A.When I spoke to him he got up, and buttoned his small clothes; to appearance they were down.

Q. Did you say any thing to him? - A. I called him rascal, and asked him what he was about with the child, or something to that effect; he said, what was it to me, the girl belonged to him, he knew the girl; upon that he got up, and the girl was listed up by her arm.

Q. Who listed her up? - A.Sarah Scott; I asked the girl if she knew any thing of him; she seemed to hesitate, and said, she knew nothing of him.

Q. What was the hesitation? - A. She said, no, Sir, I do not know any thing of him; the man then ran away, and I followed him; there were several people passing and re-passing at that time towards Hyde-park.

Q. Were there many people passing and repassing where the child was crying? - A. No.

Q.Where the girl was down there were no people? - A. No People at all; I took him by the collar, and brought him back to the girl; and then, by the persuasions of the girl that was with me, I took him to the girl's mistress.

Q. And you took the girl there too, I suppose? - A. Yes; there I left him, and a constable was sent for, who examined his linen; his name is Bligh.

Q. Were you present? - A. Yes.

Q.Was the surgeon present? - A. No; not till we went to Bow-street, next day.

Q. Did you see his linen examined? - A. Yes.

Q. Did you observe any particular mark? - A. No, not any in the least.

Cross-examined by Mr. Alley. Q. I understand you, that you were not quite certain whether he was by the side of her, or at the top of her? - A. I have every reason to believe, to the best of my recollection, that he was upon her.

Q. When you asked what he was about with that girl, he said he knew her? - A. Yes.

Q. She did not then say that she did not know him? - A. No; there was no answer made from her till after.

Q. You examined this man, and no sort of mark was found whatever? - A. Yes.

Court. Q. Was it a clean shirt? - A. Yes; it appeared as if it was put on that day.

Q. How long do you suppose he had worn it before you examined it; did it appear quite a clean shirt? - A. I should suppose it must have been put on that day, or the day before.

Mr. Alley. Q. And it was perfectely pure, free from stain? - A. Yes.

Q. Do you suppose, if a man had been connected with a girl for the first time, having a gonorthea upon him, it would not have left a stain? - A. I should think so.

SARAH SCOTT sworn. - I was walking with John Smith in the Green-park.

Q. You heard some cries of a child? - A. Yes; and the cries that I heard were shocking for any human species, almost, to bear it; I asked John Smith to go up; he rather refused it, and I went up myself, and immediately he followed me; I found the man's hands and the girl's hands spread upon the green grass, his hands were upon her hands, and his small clothes were down between the girl's knees; upon which, I asked him if he was not a rascal.

Q. What did he say? - A. He did not say any thing at all; I asked him if he was not a rascal for being connected with such a child; I told him there were plenty of unfortunate women that he might take his pleasure with, better than a child; he immediately got up, and I laid hold of him; I collared the man, and he told me that the girl belonged to him, not to me, and then he ran away; Mr. Smith pursued after him.

Q. Was he upon the girl? - A. He was down upon the girl.

Cross-examined by Mr. Alley. Q. Are you a married woman? - A. Yes.

Q. How happened it you were in the Park at nine o'clock at night? - A. It was to meet Mr. Smith.

Q. Mr. Smith is not your husband? - A. No. Smith. I am a total stranger.

Q.(To Scott.) You were walking through the Park, at nine o'clock at night, with Smith a total stranger? - A. Yes; talking about family affairs between my husband and me.

Q. Is your husband in this country? - A. No.

Q. Where were you married? - A.At Lambeth church.

Court. Q. Do you know the prisoner? - A. I knew him by sight.

Court. Q. Can you speak to his being the man? - A. I believe him to be the man.

JAMES BLIGH sworn. - I am a constable; I took the prisoner into custody, on the 19th of July, in the evening, about half after ten, as well as I can recollect, at the house of Mrs. Pollard, in the Horse-ferry-road.

Q. Did you examine his linen? - A. Yes, I did, after I had taken him to prison; as we went up stairs, I had a light, and pulled his shirt out of his breeches; I desired Smith to come upto see it, I thought it was necessary; it did not appear to be stained.

How long did the shirt appear to have been worn? - A. Not more than a day or two at most.

Q. Did you examine his breeches to see if he had any cloth? - A. No, I did not.

Cross-examined by Mr. Alley. Q. Did you see his p - e p - s at that time? - A; I do not think I did.

Q. Did there appear to be any thing in his breeches but his shirt? - A. I did not look into his breeches.

Q. He had not had an opportunity of changing his linen? - A. No.

Jury. Q. Did you examine his pocket to see if he had any handkerchief about him? - A. No, I did not.

Court. Q. You carried the man before a Magistrate the next day? - A. Yes; but I was not present at the examination.

Q.(To Smith.) You saw the man get up from the girl? - A. Yes.

Q. Did you observe anything then in his breeches? - A. Nothing at all; he buttoned his breeches, and then took to his heels.

Q. He did not appear to be putting any thing in order, any cloth, or any thing? - A. No, he did not.

Mr. WINTERBOTHAM sworn. - I am an apothecary: I examined the girl on the 20th of July, at Sir William Addington 's desire.

Q. What did you observe? - A. Upon taking up her clothes, I observed great marks of violence; she appeared to have been much tumbled upon the grass, and her clothes were coloured with the grass.

Q. What marks did you observe upon her body? - A. There seemed to have been a connection; to all appearance he had entered the body.

Q. Did it appear as if the body had been entered for the first time? - A. There was no lasceration, no blood; but there appeared to be human semen upon the private parts.

Q. Was the hymen broke? - A. There was no appearance of it.

Q. Did it appear as if she had been entered for the first time? - A. To all appearance.

Q. How should there be that appearance if there was no lasceration, and no blood? - A. From the smallness of the parts, and the appearance of violence, I could not suppose she had been a common girl; I cannot say, positively, that it was the first time; it is my opinion, that he had endeavoured to enter, and I observed the semen.

Q. Without supposing her to be a common girl, do you think she might have had any man with her before? - A. No, not in my judgment.

Court. (To Bell.) Q. Who has attended you since? - A. One Mr. Andrews.

Court. Q. Is he here? - A. Yes.

JOHN ANDREWS sworn. - I am a surgeon; The first time I attended the girl, was on the 10th of August, I was called to her assistance by Bligh, the constable; I examined her, I found a considerable swelling, a great deal of inflammation, and a considerable discharge, arising, apparently, from an intercourse with some male person or other.

Q. Did you perceive any appearance of lasce

ration? - A. The parts were so diseased that I could not tell; I cannot pretend to say that the disease was infectious; the same appearances might have arisen from violence, independent of infection.

Q. Then you do not undertake to say it was the venereal disease? - A. No.

Q. You have attended the child; has she now a venereal disease? - A. No; I do not call it a venereal disease; my brother has attended her as well as myself.

Q. You can now say, for a certainty, whether it is or not? - A. I am inclined to think it is, but I cannot positively say; the same appearances may have been produced by violence, merely; I treated it as venereal, in order to guard her constitution against any future attack.

Q. Then, if those appearances might proceed from violence, merely, could you judge from the parts whether there had been an entry into those parts? - A. I could not; the swelling was so considerable.

Cross-examined by Mr. Alley. Q. If you had not heard any thing about a rape you would have thought it was venereal, should you not? - A. Yes.

Q. Did you observe upon the labia pudorus any ulcer? - A. No; a general inflammation.

Q. There is no doubt but recent inflammation will cause considerable swelling, and change the appearance? - A. Yes.

Court. Q. Is it more likely that a venereal complaint would have abated from your treatment of her, or a complaint originating merely in violence? - A. The complaint that originated in violence, provided she was kept pretty quiet.

SARAH POLLARD sworn. - I am the girl's mistress: She was brought home to me upon the 19th of July; I examined her about ten o'clock at night, there was a great deal of human nature upon her, and by the appearance of that, I thought she had been violently used.

Q. Did you take any care of her that night? - A. I got her some brandy, and she used some pomatum; she got up at six o'clock in the morning, and I took her with me to the Park, my business wholly depended there; she staid with me there till between ten and eleven, and then I took her to Bow-street; she was never out of my sight all that time, not yet out of the hearing of my voice.

Q. How did the girl behave before that? - A. She was a modest good girl, as ever came into a house; she used to put her cows in, and was almost always in my sight; she never had any followers, nor kept any company, I used generally to go with her to see her put her cows up.

Q. She did not go to ale-house then? - A. None at all; I have had her ever since this happened always under my care, and very rarely out of my sight; the farthest she has been out of my sight has been to Mr. Drummond's the bankers to get some water for my breakfast, I serve them with milk, it is only round the corner of Spring-gardens.

Q. And, when she has gone there, has she never staid an improper time? - A. No, she has not.

Q. How came you not to send for any body to attend her? - A. She walked lame, and was sick at her stomach, and I thought she might have overwalked herself, till I examined her, and found a swelling, and then I went to Mr. Bligh, and he got a gentleman to come; before this happened, she was as clean and fair a girl as ever sun shone upon, for I had examined her about the course of human nature, and she did not know what I meant, she was then perfectly clear.

Q. Has she had any of her menses since this happened? - A. Once.

Q. Had she had any before? - A. None before.

Q. Do you know the prisoner at the bar? - A. I never saw him to the best of my knowledge, till he was brought a prisoner to my house; he is the person that damaged that girl, for a more virtuous girl never came into a house than she was before that, and a girl that I could trust with untold gold.

Cross-examined by Mr. Alley. Q. You have given this girl a very good character, how long has she lived with you? - A. About eight or nine months.

Q. Had you a character with her before? - A. Yes; from No. 13, Pimlico.

Q. That was where her aunt lived, was it not? - A. Where she lived servant, I had her character from.

Q. Has not she quarrelled with her aunt, and for that reason was turned out? - A. No; I have seen her aunt twice since.

Q. Has the aunt assisted in prosecuting? - A. No; I answer for the girl myself.

Court. Q. Have not the Justices directed the prosecution? - A. I have not asked any advice from any gentleman whatever.

Mr. Alley. Q. You know the prisoner at the bar, do not you? - A. I never saw him till that night.

Q. Is not he a milk-man? - A. His wife is a milk-woman.

Q. Has it happened that this woman and you have had a quarrel about the loss of a customer? - A. No.

Q. You never had any words with her? - A. Not concerning any business at all; never in my life.

Q. Never? - A. Not about my customers.

Q. What was it about then? - A. I met her coming past the Horse-ferry road, since this affair, and she asked what I intended to do; I told her it should take the law, and she behaved very insolent, and called me an old bawd.

Court. Q. Had you any quarrel with her be

fore this? - A. No; I had never spoke to her in my life, nor did not know her till after I had been before the Justices.

Mr. Alley. Q. Do you mean to tell me, that before this, you never had any quarrel with her about any customer? - A. Never in the universe, in my life, I never spoke to her.

Q. I tell you she is here? - A. I never spoke to her before.

Q. You have told us that this girl was generally in your presence? - A. She was.

Q. You go about the town with milk? - A. Yes.

Q. Does the girl go about with you, when you are going about the town? - A. Sometimes.

Q. Do not you most usually leave her in the Park? - A. No; I have another servant, and I generally leave her there, and my daughter; at six o'clock in the morning she gets up, and gets the cows out of the Green-Park, and I meet her on the milk walk; if she is out of my sight, there is another guard over her.

Q. This girl was a servant? - A. Yes.

Q. To do your business like other servants? - A. Yes; when she was in health to do it.

Q. I want to know whether it was not usual for her, as your servant, to go with the cows, and attend them herself? - A. No, she did not.

Q. Did you always go with her? - A. Or somebody else; there are three or four servants sometimes go together.

Q. How came she to go by herself that night? - A. It is very hard that I should be obliged to have one servant to guard another for four hundred yards for fear of that man.

Q. You have told us she never went into the ale-houses, you mean in your presence? - A.Nor out of my presence.

Q. You will swear that? - A. I will not swear that.

Court. Q. She was not that sort of girl? - A. No, She was not; she was always a girl very particular to keeping her time.

Prisoner's defence. The girl has been different times in my company before that evening.

For the Prisoner.

THOMAS WEBB sworn. - Examined by Mr. Alley. Q. I believe you are surgeon to the prison in which this man has been confined? - A. I am.

Q. Have you examined him, and can you state whether within any recent time he has had a venereal complaint? - A. When I examined him, he had not the least appearance of having had a recent venereal complaint upon him.

Q. Do you think it possible for such a girl to have the hymen ruptured and no lasceration? - A. No; there must have been a discharge of blood, and appearances of being ruptured by force.

Q. Does that depend upon the size of the girl, or upon her strength? - A. Upon her strength, and upon her youth.

Q. Then, if in a girl, the hymen had been ruptured, must it not have been discovered when she was examined? - A. It would be impossible for long a time after.

Q. But do you suppose it possible for the surgeon who examined her the next day, to have passed it by? - A. I should think impossible.

Court. Q. You were in Court at the time Mr. Winterbotham was examined? - A. Yes.

Q. He is not a surgeon, he is an apothecary; do you think it possible that he, not having much knowledge of the business, might overlook an appearance of that kind? - A. I should think it almost impossible for any person to have observed the parts but they must perceive whether the hymen had been ruptured, and whether such force had been used as to enter the body of that girl.

Q. Consider this girl's age; might not the hymen have been ruptured by some accident before? - A. Most assuredly.

Q. She was a hard working girl, and out early in the morning, supposing it to have been so, might she not have had those appearances, though it was only the first time of a man having been with her? - A. I do not conceive it possible for any man to have entered the body of a girl of that age, without causing a lasceration upon the parts.

Q. Mr. Andrews speaks of marks of great violence that appeared upon the 10th of August, might not those appearances be where a girl had been entered by a man for the first time, three weeks before? - A. Those appearances, I should have thought, would have taken place at least in the course of forty-eight hours.

Q. She was examined within fourteen hours after by Mr. Winterbotham? - A. She was then free from the inflammation which would increase in the course of two or three days.

Court. (To Mrs. Pollard). Q. How soon did you perceive any swelling? - A. I cannot say to a day, it might be between four and five days, that she could not be able to sit.

Q. You did not perceive any swelling the first night? - A. No; the first night about twelve o'clock, I carried her a bit of pomatum, and on her thighs I saw what was human nature upon her.

Q. You saw her courses coming? - A. Something of that nature.

Q. Did you perceive any thing of man's nature? - A. Yes, both; there was between two and three table spoonfuls of blood, or thereabouts, came from her; I gave her some hot brandy, and she said, help me, mistress, help me, mistress, for I am very bad.

Q. Did you consider that blood as her courses, or in consequence of violence? - A. Violence.

Q. Did it continue upon her? - A. No.

Q. You did not perceive any swelling till between four and five days after wards? - A. No.

Q.(To Mr. Andrews). Do you suppose such circumstances as Mrs Pollard has described, likely to appear from violence? - A. Very probable.

Q.(To Webb). What do you think of it? - A. It is certainly very propable.

JAMES KELLY sworn. - Mr. Alley. Q. Do you know the prisoner? - A. Yes.

Q. Have you known him any length of time? - A. Yes, sixteen years.

Q. Do you recollect when it was he was taken into custody? - A. On the 19th of July.

Q. Do you recollect seeing him at any time in company with any person? - A. On the 19th of July, I saw the prisoner at the York arms, in Clarges-street; I went in with Ann Croning to have a pint of beer.

Q. What time of day was it? - A. A Quarter before nine o'clock at night; we went in and called for a pint of porter, we sat down, when the prisoner at the bar and the young woman came in together.

Court. Q. What young woman, do you see her in court? - A. That is her, (pointing to the girl); I have seen her twice.

Q. Are you sure she was in company with him that night? - A. Yes; she had a blue coat and a beaver hat on; they called for a pint of ale; I said to Ann Croning , that is a man that I know very well; I asked him if he would have some porter, and he said, no, he was in a hurry; and they had a pint of ale, and drank it, and went to the bar, and had a glass of rum each; they went into the house about ten minutes before nine o'clock; I saw them afterwards in the Park going together towards the bason.

Q. Have you ever seen them together before? - A. Yes; on the 18th of July, they were discoursing together at the gate where they drive the cows in at, which goes into the Green-Park.

Court. Q. You followed them into the Park on the 19th of July? - A. Yes; because that was my way home.

Q. Did croning follow too? - A. Yes.

Mr. Alley. Q. How happened you to call in at that public-house? - A. I worked for my master at Knightsbridge, and I came along home through the Park; I live in Scotland-yard.

Q. You have seen him in company with her before? - A. Yes; on the 18th, but I did not speak to them.

Q. That was the day before? - A. Yes; much about nine o'clock in the evening, when I was coming home from my work.

Examined by the Court. Q. You saw this child and the prisoner come into the York arms about ten minutes before nine? - A. Yes.

Q. How long did they stay? - A Not above five minutes.

Q. Then you saw them go into the Park again? - A. Yes.

Q. Which way did they turn when they went into the Park? - A. They turned to the right towards the bason.

Q. The evening before, you saw him about nine o'clock? - A. Yes; he was standing within side of the gate where they put the cows into the Park.

Q. That was towards Buckingham house? - A. Yes; between Buckingham house and the King's palace.

Q. Where were you going then? - A. I was in the Park, within about one hundred yards of the gate.

Q. What way did you come into the Park? - A. At Constitution-hill, above the Ranger's.

Q. Did you speak to the prisoner? - A. No, I did not, that night, but that made me take particular notice of him the next night, seeing him along with this girl.

Q. What are you? - A.A smith by trade.

Q. Were you within the rail, or without the rail? - A. I was within the rail when I saw them first.

Q. How came you not to come down Constitution-hill, on the 19th? - A. I came down Picadilly with Ann Croning , or else I should have come that way.

Q. Why did you not speak to him? - A. Because I saw him talking with the young woman, I did not like to trouble my head with it.

Q. It was a child, was it not, not a woman? - A. I did not take notice.

Q. You cannot say, whether it was a child or a woman? - A. She looked to me as tall as some women.

Q. When you saw her the next night, at the Duke of York's-arms, had she the appearance of a woman then to you? - A. She had the appearance of a young woman to me then.

ANN CRONING sworn. - Examined by Mr. Alley. - Q. Do you know the prisoner? - A. If I saw him, I should know him again - that is the man.

Q. Was there any body in company with you? - A. Yes; James Kelly .

Q. When was it? - A. The 19th day of last July; I saw him in Clarges-street, Piccadilly, at a public-house, at the very tip-top of the street.

Court. Q. Not towards Piccadilly? - A. No; the upper part, the Duke of York's-arms.

Mr. Alley. Q. How came you there? - A. There was a first cousin of mine going to Bristol; I set off from Ratcliff highway to see him on the way.

Court. Q. Where did you meet with Kelly that night? - A.Between the Green Park-gate and the top of the street, out by Knightsbridge.

Q. What gate of the Green-Park? - A. By the bason; I was coming from Knightsbridge, whether Kelly was going towards me, or the other way, I do not know, for he came across me.

Q.Whereabout was that? - A. About twenty yards from the Green Park-gate, or thereabouts, as near as I can tell.

Q. He overtook you, did he? - A. I cannot tell whether he was before me or behind me; he came unawares upon me, and spoke to me; he asked me to have something to drink, and he took me to a public-house in Clarges-street, and we had a pint of porter.

Q. Where was your cousin? - A. He was gone off for Bristol, and I was returning home.

Q. Who did you see at this public-house? - A. The prisoner came in while we were there.

Q. What time of night was it? - A. As near as I can tell, about half past eight.

Q. Had you or Kelly a watch? - A. No; but there was a dial in the box, there were four boxes in the tap-room.

Q. Did any body come in along with the prisoner? - A. Yes, a young woman.

Court. Q. Was she a grown woman? - A. She was not so high as me.

Q. As high as your shoulders? - A. Yes, about that size, as near as I can tell; I took a great deal of notice of her; I wondered to see the little young body making so free, and so forward with that man.

Q. Do you see her here about? - A. That is not the woman, that is not the woman, but that is her, that fresh coloured girl, (pointing to Bell;) I will take my oath again, twenty times, that that is the woman that was along with the prisoner, they were drinking a pint of ale, and when they had drank it, they went to the bar, and called for a glass of rum, and they had a glass of rum each.

Court. Q. How long did they stay in the house? Not long; I was sitting and looking at them; what made me look more at them, was, that Kelly told me he had seen them the night before, and he said, see how forward that little body is, and I said, it was a pity; Kelly went to the bar and paid for the porter, we went away through the park, down Constitution-hill, and we saw them in the park.

Q. What time of night was it? - A. About a quarter before nine o'clock.

Q. What gate did they go in at? - A. By the bason, at a little gate that there is going in.

Q. Did they wait any time while the gate was opened? - A. They had just got into the park before us, I stopped for James Kelly to pay for the beer.

Q. How far were they from you when you went into the Park? - A. A dozen yards, as nigh as I can tell, they turned to the left-hand; directly as they got into the Park they were standing talking together, I heard the man say, will not you go with me; and she said, yes, sir, yes, sir, I will go along with you.

Q. Was that when they were in the Park? - A. Yes.

Q.Whereabout were they standing talking? - A. By the bason.

Q. And you were twelve yards from him? - A. Yes; and we left them laughing and talking together; what they did afterwards I do not know; if she was not willing to go with him she had no business there at that time of night.

Q. How long did they stay talking together? - A. We left them talking together.

Q. You did not see them go off? - A. No.

Q. Kelly heard her say she would go with him? - A. Yes; and he smiled and I smiled at it.

Q. What business are you? - A. A green grocer, in Ratcliff-highway.

Q. How was the child dressed? - A. In a little spotted dark gown, and a spotted handkerchief upon her neck.

Q. What had she upon her head? - A. A man's beaver hat.

ELIZABETH BURN sworn. - Examined by Mr. Alley. Q. Do you know the prisoner? - A. Yes.

Q. Do you know the prosecutrix? - A. Yes.

Q. Do you recollect, at any time, seeing the prosecutrix and the prisoner together? - A. Yes.

Court. Q.What person did you see? - A. The young woman.

Q. Where have you seen her since? - A. Every day, in St. James's Park.

Q.Do you know her? - A. Yes; she is here,(points to her).

Mr. Alley. Q. Had you any conversation with her about the prisoner? - A. Yes; as she was sitting with her cows in St. James's Park, on the 4th of this month, about ten minutes before three o'clock, the girl asked me how I did; and I said, how do you do, my dear.

Q. Had you ever seen her before? - A. Yes, frequently; I asked her what she meant to do; and she said, she did not know what to do; that she was to leave it to her mistress, her mistress was preparing to send her to the hospital; I asked her if she had not known the man before; she said, yes, I drank three times with him before; how came you to swear so, my dear; she said, I cannot tell what I swore; and she said, she came to her mis

tress without a character, and if her mistress would let it be she did not mean to hurt him; she said, she wished she had never come to her mistress, she had no clothes, and her mistress never gave her any thing; she said, if I wanted a girl she would be willing to come to me.

Q. Did she say she had applied to any man about a place? - A. Yes; she said she asked the prisoner to get her a place, that her mistress used her very cruclly; and she said, she would go if she got a shilling a week, for she had no wages.

Q. Do you ever recollect seeing the prisoner and this girl in company? - A. Yes; on the 15th of July.

Q. Where was it? - A. I was going to Squire Hickes's, at Buckingham-gate, on Saturday night, about ten minutes after nine; I saw her coming out of the Crown ale-house, in York-street, facing Westminster hospital.

Court. Q.Whereabout is the Westminster-hospital? - A. It is the Westminster infirmary.

Q. How far from Buckingham-gate? - A. About three minutes walk; I live in Great Peter-street, it is in my road to Buckingham-gate.

Q. Did you see them together at any other time? - A. Yes, on Sunday the 16th of July, between six and seven o'clock in the evening; I saw the prisoner and a child of three years old, and he went towards her, where she sold her milk at Springgarden-gate, he had a halfpenny worth of milk for the baby; I came by them, and they were in conversation for the space of ten minutes, and he saluted her, and went away.

Mr. Alley. Q. What do you mean by saluting her, do you mean kissing her? - A. No; she said, good by, Sir.

Q. Was any body with the girl at the time, attending the cows? - A. I did not take notice; I did not see any body with her.

Mr. Alley. Q. Did she say any thing about money at the time? - A. She told the prisoner she was willing to go with him.

Court. Q. When was that? - A. The 15th of July; I stood very nigh, and heard the conversation; I heard her say, I wish you would, if you hear of a place, let me know; he said he would; for, said she, my mistress uses me very cruelly; will you come and live with me; yes, I will; when shall I see you again; the next day, she replied; and they shook hands, and he went away.

Q. Did you see any person with him in Newgate? - A. Yes, yesterday; there were Mrs. Pollard and a young woman, Jane Scott, with him.

Q. Did you hear any thing about money? - A. Yes.

Q. Tell us what it was? - A. She came to tell him that he would not come to any hurt, that the girl did not wish to appear, and did not wish to hurt him, if he would make her recompence, and pay her expences; he said, no, he had nothing to say to her, he would leave it to the Gentlemen in Court; that he was not guilty, and he would leave it to the Gentlemen; she said she must not be a loser, she was under a forty pound penalty to appear, and she could not afford to pay that money unless somebody appeared, and if any money was paid she was willing to make it up.

Q. Have you ever known any quarel about Mrs. Pollard's losing any customers in selling milk? - A. Yes.

Examined by the Court. Q. When was that, before or after this happened? - A. After.

Q. Who are you; how do you get your livelihood? - A. I am the prisoner's housekeeper.

Q.Are you married to him? - A. No; I have been his housekeeper going on of five years.

Q. What way of life is he in? - A. In the milk business.

Q. Upon your oath you are not married to him? - A. No.

Q. Do you pass as man and wife? - A. No; I pass as his housekeeper.

Q.When was the first time that you saw the prisoner and this child together? - A. The first time that I saw them together was the 15th of July.

Q. Where were you at that time? - A. I was going to Squire Hicks's.

Q.Were you with the prisoner? - A. No; he was coming home from his work; he worked at Kensington.

Q.When was the next time? - A. Sunday the 16th, between six and seven o'clock.

Q. The first time you saw him speaking to her was coming from his work? - A. Yes.

Q. What time of the day? - A. About ten minutes after nine; she used to drive her cows into the Green-park every night; about that time he was coming from Kensington, and they came together from the Green-park.

Q. You saw them in the street together? - A. Yes; I saw them at the Crown ale-house.

Q. I thought you said you saw them in the street; how was he coming from his work if he was coming out of the ale-house? - A. They went in there to have something to drink, in his way from his work.

Q. Then the second time was when? - A. Sunday, the 16th of July.

Q.Did she know you? - A. Yes; for we are near neighbours, she only lives three minutes walk from me.

Q. And the child complained to you how ill she was treated by her master and mistress? - A. Yes; the 4th of this month.

Q. Did you say Mrs. Pollard had seen the prisoner any other time than when they were in prison together? - A. No, only that one time; I was there yesterday when she came in.

Q. You have not heard her speak to the prisoner, except yesterday? - A. No, I have not; I had spoke to her before, I have not spoke to her since; she ill-treated me very much.

Mr. Alley. Q. Did Mrs. Pollard threaten you at the time of that quarrel? - A. Yes; she said, if she had her will, she would hang the prisoner up, and cut him to pieces; and she would serve me the same, if she could.

HANNAH CUSAC sworn. - Examined by Mr. Alley. - Q. Are you a married woman? - A. Yes.

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

Q. Do you know the girl by whom he is prosecuted? - A. The young woman.

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

Q.Have you had any conversation with her about the prisoner? - A. Yes, a little.

Court. Q.When? - A. In the month of July, I cannot say rightly when.

Mr. Alley. Q. The beginning, or latter end? - A.Towards the middle.

Q. Had you any conversation with her after the middle of July? - A. Only hearing what she said to Elizabeth Burn.

Q.When was it? - A. The 4th of this month, coming through the Park from Spring Garden gate, about ten minutes before three; she was coming, with a short stick in her hand, walking very swift; as soon as she saw Elizabeth Burn , she began to limp; she said, her mistress persuaded her to go into the hospital, but she did not like to go; she said she had been in the company of the prisoner three times; she hung her head on one side, and said she hand drank with him three times.

Court. Q. She walked very well before? - A. Yes; very well indeed; I said to her, I have seen you these several days in the Park, about your business, walking as well as I could; with that she walked up as well as I could.

Q. That was towards the middle of July? - A. Yes.

Q.How do you get your livelihood? - A. I go a chairing; I work at Turner and Rosser's, in Harley-street.

Q.How long have you known the prisoner? - A.Seventeen years, since he was a lad.

Q. All that you know is, that she said to Elizabeth Burn , that she had been in the company of the prisoner? - A. That she had drank with him three times before; Elizabeth Burn said, my dear, you look very dirty; says she, that is because my master gives me no wages, and no clothes; how comes he to give you no wages; because he took me without a character; and he uses me very ill, sometimes beating me with a stick, and sometimes with his hat. After this was over, I heard her tell Elizabeth Burn, that her mistress told her, if she would swear she never saw the defendant before, she would let her have some clothes.

Q. Who did you understand by her mistress, Mrs. Polland? - A. Yes.

Q. Did she say any thing more? - A. No.

Q. Did she say any thing about the prisoner? - A. No; I came away with Elizabeth Burn .

Q. She said nothing more? - A. No; she said she had drank with him those three times.

Q. Nothing more was said about the prisoner? - A. No.

Q. Was any thing said about any body getting her a place? - A. No.

Bligh. I concieve it to be my duty to make an observation: Elizabeth Burn applied to me, and told me that she was the wife of the prisoner.

Q. Is it necessary for a woman to state that at Bow-street, before they can have admission to a man in jail? - A. I cannot say.

SARAH ROOKSBURY sworn. - I am a captain's widow: I have known the prisoner seven years, he is sober, industrious, and cleanly, and possesses so many good qualities, that I recommended him to a milk-walk.

JANE BELL called again. - Court. Q. You have heard what these people have said about your being at the Duke of York's arms; upon you oath, were you there or not? - A. I will take my oath that I never was any where with this man.

Court. Q.Do you know the Crown ale-house, York-street, Westminster? - A. No, I do not.

Court. Q. Did you ever come out of an ale-house with him, and meet Elizabeth Burn ? - A. No; I never did.

Q. Do you remember seeing Elizabeth Burn , on the 4th of September, and having a conversation with her? - A. No.

Q. Do you see Elizabeth Burn here? - A. Yes.

Q. You saw Hannah Cusack ? - A. Yes.

Q. Did you ever converse with either of them in St. James's Park? - A. No.

Q. Are you so positive, as to take your oath you never did converse with them? - A. Yes; I never did.

Q. Did you ever ask the prisoner to get you a place? - A. I never did, I never had an opportunity to ask him, nor I had not it in my thoughts.

Q. Did your mistress ever tell you to swear you never saw the prisoner before? - A. No; she never told me any thing, she never said any thing to me.

Q. Did she promise to clothe you as soon as the the business is over? - A. No, she did not.

Q. How were you dressed the night the man used you so? - A. I had a blue coat on, a boy's coat.

Q. And what hat? - A. A man's hat.

Q. Had you any handkerchief? - A. Yes; I had the handkerchief on that I have got on now.

Q. And the blue coat on over all? - A. Yes.

SMITH called again. - Q. How was the child dressed? - A. In a blue coat, and a man's hat.

Q.(To Sarah Scott .) How was she dressed? - A. In a blue coat, and a man's hat.

Mrs. POLLARD called in again. - Q.Had you been with the girl in the Park, on the 19th of July? - A. On the 19th of July, I was with her from between two and three, till nine o'clock.

Q. How much before nine? - A. As near nine as possible; we generally turn the cows off at nine, at that time of the year, and I had untied the cows myself with her.

Q. You generally turn out at nine, at that time of the year? - A. According to the weather, if it is fine weather we stay out till the last minute.

Q. Was that at Spring-Gardens? - A. Yes; she parted from me at Spring-Gardens, at nine o'clock.

Q. Had the child on a spotted gown? - A. She had the same spotted gown on that she has at present, and a handkerchief very much like this, but not this, she wore no cap at that time, she had nothing but a hat on her head.

Q. Had she any apron on? - A. Yes, a blue apron.

Q. You say you had a good character with this girl? - A. Yes, I had.

Q. Did she know you had a character with her? - A. Yes; she knew it, for I took her to the woman where she lived; and there have been people coming past, who had known her at Pimlico, and seeing her at the stall, have given her halfpence, because they had known her to be an honest girl; this woman in the dark gown, Mrs. Cusack, offered the girl five guineas, and a gown piece, not to appear, but what day of the month it was, I do not know; about three o'clock in the afternoon, I came up, and they were rioting the girl, and she stood a crying.

Q. Were you present at the time of the offer? - A. I came up at the very moment, when she told her, if she would not appear against him, she should have five guineas and a gown-piece, but if she swore against him, she told her she would be hanged, she said so upon the milk stall; I cannot justly say when that was.

Q. Did you hear her say so? - A. Yes; it was not a month ago; it was at a time she was discoursing with the girl upon the milk-stand.

Mrs. Cusack. It is false as God is true, I never offered the girl any sum at all; I met the mistress, and they all stopped with the cows and sat down, and had a pot of ale, and I came up and said, what a dreadful thing it is, about this affair; bless your soul, says she, come along, I can reason with you better than I can with any body else; with that, I went up to the wall with her, and she up and told me how it was; now, says I, it will be a scandalous thing, if you swear as you have done, to prosecute this man; if you can make it up, I think it would be much better, says she, I am bound under forty pounds; says I, that is nothing, you will not be bound to pay it; well, says she, I will enquire, and if I am not bound by penalty, I do not know what I may do.

Q.(To Bell.) Did Mrs. Cusack offer you any money? - A. Yes, in my mistress's presence, and my master was present to.

Q.(To Mrs. Pollard.) Did you give that girl any wages? - A. No; but I found her in wearing-apparel, both her shoes and stockings, and what I thought necessary; she would have had wages for her own jurisdiction before now, but I thought I had better lay it out for her.

Mrs. Cusack. I had a young baby of seven months old in my arms, and she said, that she wished that child in my arms might be ravished.

SAMUEL POLLARD sworn. - Court. Q. You are a husband to Sarah Pollard ? - A. Yes.

Q. Did you ever see Hannah Cusack ? - A. Yes.

Q. Did you ever hear her make an offer to that girl, Jane Bell? - A. I heard her say, that she should be put into prison if she swore against the man, but I did not hear of any money.

Q. When was it? - A. I cannot tell the day of the month, but it was in St. James's-Park upon my stand.

Q. Was your wife there? - A. No; but my daughter-in-law was, the girl told me so, I did not hear it; I heard her say, she should be put in Newgate, to be pillored.

Q.(To Cusack.) What do you say to this charge, did you tell the child she should be put in Newgate, and pillored? - A. I said, she was liable, if she swore false.

Pollard. She said, if you do swear against this man, you will be put into Newgate, and shall be put in the pillory.

GUILTY Death . (Aged 37.)

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

Reference Number: t17970920-13

496. EDWARD DOUGHARTY was indicted for feloniously stealing, on the 7th of September , a feather bed, value 50s. a linen sheet, value 5s. a linen counterpane, value 5s. and a linen table-cloth, value 12d. the property of James Ladson , in his dwelling-house .

JAMES LADSON sworn. - On the 7th of this month, I lost the things named in the indictment,(repeating them); I had seen them in the parlour, where they were stolen from, at one o'clock at noon; that day I came home about nine o'clock in the evening, then they were gone; the bed was brought back before I got home.

Cross-examined by Mr. Knapp. Q. You have recovered nothing but the bed? - A. No.

Q. How long had you had that bed? - A. Eleven years, I believe, or thereabout.

Q. What did you give for it originally? - A. It is no matter, I lost it.

Q. What did you give for it? - A. It was given me.

Q. And you mean to say that, having had it eleven years, it is worth fifty shillings? - A. Yes; thereabout.

Q. It was not a new one, perhaps, when you had it originally? - A. The bed is there.

Q. Was it new when you first had it? - A. No, it was not.

MARY STRATFORD called. - I am fourteen years old next April.

Q. Do you know the nature of an oath? - A. No.

Q. You never were taught? - A. No.

LETITIA HOLMES sworn. - I am sister to Mrs. Ladson; I left the room where the bed was taken from, about twenty minutes before eight in the evening; I was the last in the room; I left the bed and the other things in the parlour; when I left the room, I went down into the kitchen to my sister, till near eight o'clock, and in that time the things were taken away; an alarm was given, and the bed was brought back about eight o'clock.

Q. Do you know the value of the bed? - A. About fifty shillings: my sister opened it about ten months ago, and put more feathers in it.

Mr. Knapp. Q. The things amount all together to about sixty shillings, in your judgment? - A. Yes.

EVAN JONES sworn. - I am a grocer: I was behind the counter serving a customer, and I heard the alarm, and ran out; I took a different direction from the other people, and met the prisoner in North-street; I let him go by me, and followed him; upon that, he threw down the bed which he had upon his back, and ran away; I then cried out, stop thief, a gentleman met him, and threw him down; I was not above six or seven yards behind him; I never lost sight of him; the constable came up, and he was taken to the watch-house; the feather-bed was taken by a witness to the prosecutor's house.

RICHARD TROTTER sworn. - I was coming along Old-street-road, and met a man with a bed upon his back, it was not tied in any thing; it hung over him; so that I cannot swear to him; I had not got many yards before somebody cried, stop thief; I enquired what was lost, and they said, a bed; I told them he was gone on just before; he was stopped, and the bed was carried to the prosecutor's house.

Cross-examined by Mr. Knapp. Q. There were a good many persons about him? - A. Yes.

Q. It was darkish, was it not? - A. A little darkish. (The bed produced).

Ladson. This is my bed.

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

GUILTY (Aged 20)

Of stealing goods, value 39s.

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

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17970920-14

497. JOHN SIMMONDS was indicted for feloniously stealing, on the 16th of September , five muslin handkerchiefs, value 5s. five cotton frocks, value 20s. a cotton shawl, value 6d. a cotton gown, value 5s. a linen apron, value 1s. seven muslin caps, value 10s. and a linen shift, value 6d. the property of Thomas Tuck , in his dwelling-house .

THOMAS TUCK sworn. - Last Saturday, about three o'clock, the prisoner was in my parlour, drinking a glass of liquor; I keep a public house; I lost the things mentioned in the indictment, (repeating them); he was looking at the newspaper for about an hour and a half; about half after four o'clock, he went out; he had an apron on, like a tallow-chandler or a grocer; my wife went into the parlour directly, and missed the things.

Q. Was he sitting there alone? - A. There were some children there; he told the eldest that they might go out and have their gammocks, and he would rock the cradle the while; my wife went after him, she followed him into Mr. Ham's, a public-house; and there he made an excuse to go backwards; we followed him into the necessary, and there we found some frocks and a gown down the necessary, and some things in the crown of his hat; they were all in the parlour ten minutes before he went away.

JOHN GASS sworn. - I am a constable. (Produces the property, which was deposed to by the prosecutor).

WILLIAM HAM sworn. - The prisoner came into my house, and went backwards to the necessary; and immediately Mr. Tuck and his wife came in; my wife told them he was gone backwards into the yard; in consequence of that, we went to the necessary door, and he would not open the door; and we put both our hands to it, and pulled it open; his hat lay upon the floor of the necessary, with some things in it, I do not remember what things, except the shawl, which I can recollect; the other things I cannot swear to; I took up the hat, and Mr. Tuck laid hold of him by the collar, and dragged him into the tap-room, and I followed with the hat; he said it was his hat; we took the candle and looked in the necessary, and there was a gown and some frocks down the necessary, and some other things upon the necessary; we tied them up in a handkerchief, and took them in doors.

Gass. The things have been in my custody ever since.

ELIZABETH TUCK called. Q. How old are you? - A. Going of eleven.

Q. Do you know what is the nature of an oath? - A. No.

Prisoner's defence. I did go into the house, and had some gin and water; when I had drank it, I came out, and going by that gentleman's house, I wanted to go backwards, and I went, and they followed me to the door, and insisted upon coming in; and I immediately opened the door; the gentleman that belonged to the things, took me by the collar and knocked me against the door and against the wall; how the things came there I do not know; I have a wife and two children.

GUILTY of stealing goods, value 39s.

Transported for seven years .

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

Reference Number: t17970920-15

498. SAMUEL PHILLIPS was indicted for feloniously stealing, on the 28th of July , two wooden bedsteads, value 8s. 6d. a woollen blanket, value 1s. 6d. a wainscot table, value 1s. 6d. two wooden chairs, value 2s. a wooden tub, value 1s. 6d. a pail, value 2s. an iron lock and key, value 6d. a flock bed, value 8s. a linen sheet, value 1s. and a Bath-stove, value 8s. the property of William Dibble .

WILLIAM DIBBLE sworn. - I am a publican in East-Smithfield : the prisoner had some money to receive at the Navy-Office, and till he got that, I gave him leave to sleep in the place where this bed was, which was in an out-house belonging to me; he slept there about ten nights, when I was informed every thing was gone out of the place, even the lock and key was gone; that was on the 28th or 29th; on the 30th, in the evening, I was told he was in the street, and I went out and saw him, and asked him for the key; he said, he had left it at a friend's house, and he would go and fetch it; I told him he had robbed me, and he did not deny it; and offered to give me a warrant of attorney to receive his prize-money and his wages, if I would forgive him; his wages had been stopped, partly from a mistake, and partly from bad behaviour; I told him, I must know where they were sold; he took me to a broker of the name of Davis, where I found them, and I took them home, and gave charge of him; I then went to Davis's, to apprehend him, and he and his wife both fell upon me in a very inhuman way; and his wife laid hold of me in parts that are not fit to be named here; he got away, and since that has not been heard of; we got a search-warrant next morning, and took the things out of Davis's house.

Q. Was the prisoner to pay so much a week? - A. No; I let him in out of charity, till he could get his money.

Prisoner's defence. I have been a long time broke down by distress; I leave it to the mercy of the Court.

GUILTY . (Aged 50.)

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

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

Reference Number: t17970920-16

499. JANE PHILLIPS was indicted for feloniously stealing, on the 21st of August, a cotton gown, value 5s. a muslin cap, value 1s. and a satin ribbon, value 1d. the property of Benjamin Mason .

MARGARET MASON sworn. - I am the wife of the prosecutor; I live in St. Christopher's alley, Moorfields : I lost the things mentioned in the indictment; they laid upon the top of the bed: On the 2d of August, I was sitting eating my dinner in the room below stairs, and heard a foot go up stairs, I thought it was a lodger, but not hearing the door open with the key, we concluded it was not him; then we heard a woman come creeping down stairs; after she was gone out, I went up stairs to see if any thing was gone, and I missed my gown, my cap, and a ribbon; I cried out that I was robbed, and a young man, Joseph Johnson, went after her and took her; I saw the property again, at the office in Worship-street.

MARY RUDGATE sworn. - I rent the house in which Mason and his wife live; hearing somebody go up stairs, and not hearing the door open, I went to the bottom of the stairs, and saw the prisoner coming down; I am certain it was her; there was another woman waiting for her at the door; she said to the other woman, Mrs. Hart was not there.

Q. Is there any such person lives in the house? - A.No; I know of no such name; I told her she must be a very fancy, impudent woman, to go into any body's house without knocking; Mrs. Mason missed her things, and Joseph Johnson went after and took her.

JOSEPH JOHNSON sworn. - Upon hearing the alarm of stop thief, I went out, and saw Mrs. Rudgate standing at the door, and I followed the prisoner, and took her; when I laid hold of her, she gave me the property into my hand directly, and I took her to the office; I have had the property ever since. (It is produced, and deposed to by Mrs. Mason).

The prisoner did not say any thing in her defence.

GUILTY (Aged 17.)

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

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17970920-17

500. SARAH BANNER was indicted for feloniously stealing, on the 19th of August , six linen shirts, value 18s. two pair of cotton stockings, value 2s. six muslin neck handkerchiefs, value 3s. and two dimity waistcoats, value 2s. the property of George Harrison , Esq.

GEORGE HARRISON , Esq. sworn. - In the course of five or six weeks, from the beginning of July to the end of August, I was robbed of different articles of my property, from my lodgings, in Upper Ranelagh-street, Pimlico ; the prisoner was a servant in the house, and I suspected her; I had lived a twelve month there; the man of the house came in and informed me he had found one of my shirts in her bed; the next day a warrant was issued, and she was apprehended; she is very young, and I wished very much to recommend her; my room-door was always left open, and she might have gone in at first out of curiosity, and not with intention to take any thing, but seeing the things about, could not resist the temptation; I understand she has been very ill since she has been in confinement.

WILLIAM IDE sworn. - I am a constable: On the 19th of August, I searched the prisoner, and found these stocking in her pocket, (producing them); Donaldson, the other constable, found one of Captain Harrison's shirts concealed under her bed, and she then informed us, that the rest of Captain Harrison's things were pawned at different pawnbrokers that are here; she at first said she had given them to another woman.

GEORGE DONALDSON sworn. - (Produces a shirt). I found this under the prisoner's bed.(The property was deposed to by the prosecutor).

Prisoner's defence. I found the stockings in the back kitchen; I put them in my pocket to give the gentleman, and forgot it.

NOT GUILTY .

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

Reference Number: t17970920-18

501. THOMAS CROW was indicted for feloniously stealing, on the 28th of July , one hundred and twenty halfpence, value 5s. the property of James Lake .

JAMES LAKE sworn. - On the 28th of July last, the prisoner was in the tap-room; I went down to draw a pot of beer, when I came up I missed two papers of halfpence; the prisoner said, he was very willing to be searched, and I said, I would not search any body, I would send for a constable, and have every body searched; and he told me he would tell me where they were, if I would let him go; I told him I would not let him go; before the Magistrate, he said where they were; we found the halfpence in a crevice in the necessary, very high up.

WILLIAM BLACK sworn. - I found these halfpence in a crevice in the necessary, the prisoner told me where they were; I asked him why he did not tell what he had done with the halfpence; he said, if I searched that crevice in the necessary, I should find them. (Produces them).

Q.(To Lake). Were they in that paper when you lost them? - A. Yes; and when I asked him what he was doing at the bar, my brother had told me that he saw him reach over the bar, and he said he had reached over for a case-knife, to cut his nails.

Prisoner's defence. I only reached over for a case-knife; I know nothing at all about the halfpence.

NOT GUILTY .

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

Reference Number: t17970920-19

502. MARY LEACH was indicted for feloniously stealing, on the 23d of August , a cotton gown, value 12s. the property of John Wise .

The prosecutrix having lost the duplicate, and the pawnbroker not being able to swear to the person of the prisoner, the Jury found her

NOT GUILTY .

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17970920-20

503. MARY LEACH was again indicted for feloniously stealing, on the 21st of August , a linen sheet, value 5s. the property of Samuel New .

SAMUEL NEW sworn. - I am a publican : On the 29th of August, I lost a linen sheet from one of the beds in the garret; the prisoner was employed

clean the house, on the Monday, and did not come till eleven o'clock, and she was to come again on the Tuesday, to make good her day's work; in the evening, I went up stairs, and missed a sheet; the next morning, Wednesday, the prisoner came to me for half a quartern of peppermint; I told her she had got a sheet, and my wife took her into the parlour, and she confessed it, and gave me the duplicate.

Q. You told her it would be better for her if she confessed? - A. No.

Q.Nor your wife? - A. I cannot say. (Produces the duplicate); I went to the pawnbroker's, and saw it there.

ELIZABETH NEW sworn. - I put a sheet on the bed, on Sunday morning, and the prisoner was at work for me on the Monday and the Tuesday; I missed it on the Tuesday night, and there had been nobody in the house but her, and therefore I thought it must be her; I took her into the parlour, and told her she had better tell me the truth.

Q. Then you must not tell us any thing that she said? - A. She gave my husband the ticket.

JOHN BROWN sworn. - I took in this sheet of the prisoner: I am certain she is the person.

Q. Look at that duplicate; did you give it to the person that pawned the sheet? - A. Yes; it corresponds with mine.

Q.(To Mrs. New.) Look at that sheet, and tell me if it is your property? - A. I believe it has got a B upon it, the initial of the name of the lady that I lived with; she gave it me; I have the fellow to it upon the bed.

Brown. Mrs. New could not swear to it at Bow-street.

Q.(To Mrs. New.) I had no doubt at all about it, but I did not swear to it.

Q. But you now say you believe it to be your sheet, from the mark of the B upon it? - A. Yes.

The prisoner did not say any thing in her defence.

GUILTY (Aged 26.)

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

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17970920-21

504. JAMES HILL was indicted for feloniously stealing, on the 21st of August , forty printed books, value 30s. and twelve other printed books, value 12d. the property of John Debrett .(The case was opened by Mr. Matthews)

It appearing in evidence that the property was in sheets, it was contended by Mr. Alley, on the part of the prisoner, that they were not books, but sheets of paper; it also appeared that part of the property consisted of White's Journal of a Voyage to Botany Bay, which wanted 68 plates, and therefore were not complete books.

The Court were of opinion that the objection was fatal.

NOT GUILTY .

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

Reference Number: t17970920-22

505. ROBERT JACKSON was indicted for feloniously stealing, on the 13th of September , five live geese, value 10s. six live ducks, value 6s. six live hen fowls, value 6s. and one live cock fowl, value 2s. the property of John Allanson .

JOHN ALLANSON sworn. - I live in Kingstand-road; I am a rope and twine manufacturer : On the 13th instant, in the morning, my foreman sent a boy to inform me that I had been robbed of a quantity of fowls; they were found by the serjeant of the guard at the Tower upon the prisoner.

DAVID NESBITT sworn. - I am serjeant in the Coldstream regiment of guards; I came to the Tower gate about five o'clock in the morning, and found the prisoner partly asleep in one of the sentry boxes, with a sack of fowls by him; I asked him what he had got in that bag, upon which he informed me, poultry; he asked me if I would have one for my dinner? I told him, no; I had some suspicion of him, and instantly sent him prisoner into the guard-room; after he was confined in the guard-room, it was judged necessary to examine the bag; I opened the bag, and there were six fowls, six ducks, five geese, and one cock; we sent to the place where he was last quartered, and there we learned that they belonged to Mr. Allanson.

JOSEPH BRACKENSHAW sworn. - I am serjeant in the same regiment; I was desired by the adjutant of the battalion I belonged to, to go where he was last quartered, to enquire if any body in the neighbourhood had missed such things; I went where he was quartered, at the King's-head, in Kingsland-road, and I was informed there, that Mr. Allanson had lost those things that were in Jackson's possession; I went to the manufactory, and gave notice to the foreman; he went with me to the Tower, and said, they were his master's property, and they were taken to Worship-street, and Jackson likewise; he acknowledged they were Mr. Allanson's.

Q. Did you tell him it would be better for him if he did? - A. Yes, I did.

JOHN BOWYER sworn. - I am foreman to Mr. Allanson: On the morning of the 13th instant, I was up about a quarter after five o'clock; I went into the ground, and found the hen-roost broke open, and the lock off the door.

Q.Where is your manufactory? - A. In Kingsland road, near the King's-head.

Q. Did you know the poultry? - A. Yes.

Q. Is it here? - A. No; I know them all; but there are two in particular that I am very certain are Mr. Allanson's property.

Prisoner. I lived next door to Bowyer; he knows me very well.

Bowyer. I live next door to the King's-head; I never heard any harm of him while he was quartered there.

SAMUEL MOORE sworn. - I know the prisoner at the bar; I saw him at the ground about one o'clock in the morning; he came over the pales.

Q.(To Allanson.) Did you see these ducks? - A.Yes; I knew them all; they were my property; there were a great many more missing, we could not tell how many.

The prisoner did not say any thing in his defence; the two serjeants gave him a good character as an officer, but knew nothing of his private character.

GUILTY , (Aged 26.)

Transported for seven years .

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

Reference Number: t17970920-23

506. WILLIAM HALL was indicted for stealing, on the 10th of August , ten kerseymere waistcoat-pieces, value 40s. and six yards of woollen cloth, value 20s. the property of Isaac Tolson , in the dwelling-house of John Shannon .

ISAAC TOLSON sworn. - On the 10th of August I lost four yards of narrow woollen cloth, two yards of wide cloth, and ten kerseymere waistcoat-pieces; I am a clothier , in Yorkshire, when I am at home; I carried some goods into the house of John Shannon, it is a public-house, to endeavour to sell some goods; it was between five and six o'clock in the afternoon; I sat down, and was drinking a pint of beer; I was speaking to a gentleman in the corner, when somebody took away my things; I had placed them down by my side; I did not go away from them; I only turned my head to speak to a gentleman; I cried out about the loss of my goods, and the landlord said, if the goods were not found that night, I must be paid for them in his house; I saw the prisoner and the goods the next day at Lambeth-street office.

Cross-examined by Mr. Alley. Q. You were drinking with the prisoner at this house? - A. NO, I was not.

Q. Were not you playing at shaking the hat? - A. No.

Q. Not hustling any halfpence in a hat? - A. No, nothing of the kind.

Q. You were pretty so so at that time? - A. No; they thought so, because I was in a passion at my goods being gone; I had had but two pints of beer.

Q. Did you never happen to lose your bundle before, and have it returned again? - A. Yes; but I said, none of your fun here; I had a pint of beer afterwards, and the runner came and told me he had got him safe.

Q. You were quite easy about it; you went after that and drank again? - A. Yes; I knew they were safe.

Q. The man was stopped by Nash? - A. Yes.

Q. Did not the landlord tell you this was a joke to frighten you? - A. No.

Court. Q.Were you ever acquainted with the prisoner before? - A. I never saw him before.

Court. Q. Was he in the house? - A. I did not see him in the house at all.

JOHN SHANNON sworn. - I keep a public-house in St. John's, Wapping; the prosecutor was led into my house by two women; I was in bed at the time; I came down to tea, and about six o'clock I heard something the matter in the tap-room; I went, and saw the prosecutor crying a good deal; he said, he had lost his property; I went to the public-house that he said he had come from, before he came to my house, and he followed me out, and was so very drunk, and made such a noise, that I did not know what to do with him; I went a little further, and heard that the prisoner was taken going into his lodgings with the things, and he told the officer that the prosecutor had given him the things to take care of till the morning.

Q. Do you know the prisoner? - A. Yes; he belongs to a coal-gang for landing of coals; he has worked out of my house eighteen months.

Q. Does he frequent your house as a public-house? - A. Yes; he is a very hard-working man.

Cross-examined by Mr. Alley. Q. Did you see the prisoner in the house that day? - A. No.

Q. Your house was pretty full? - A. Yes.

Q. Is it not a common thing to play tricks with one another, and take their things away out of a joke? - A. Yes.

Q. What are the wages of such a workman as the prisoner? - A.Sometimes 6s. or 7s. a day.

JOSEPH NASH sworn. - I am a constable: On the 20th of August, I stopped the prisoner at the bar with the property in his possession, going into his lodgings; I asked him what he had got there, and he said he would take me to the person he had them from, and then he said he would not tell me where he got them he said he would not tell me where he got them from; he appeared to be very much in liquor; I took him to the office.

Cross-examined by Mr. Alley. Q. I believe the prisoner charged the prosecutor, as well as the prosecutor charged the prisoner? - A. No; I understood that the prosecutor bid him mind the things;

I found the prosecutor at the prisoner's door, in company with a young man, a waterman, that lodges there; the prosecutor was so very much in liquor, that I do not think he hardly knew what he was saying.

Prisoner's defence. The prosecutor and I were drinking together, and he was very much in liquor too; he desired me to take care of them while he went to sleep; he was very drunk, and I took them home to my lodgings; Mr. Nash followed me, and asked me where I got these things from, and I told him from Mr. Shannon's.

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

NOT GUILTY .

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17970920-24

507. ELIZABETH HUTCHINSON was indicted for feloniously stealing, on the 18th of August , a silver watch, value 30s. a silver chain, value 5s. a silver seal, value 2s. a pair of silver shoebuckles, value 15s. a pair of silver knee-buckles, value 7s. a guinea, a half guinea, and two dollars , the property of Olla Hanson .

OLLA HANSON sworn. - On the 18th of August, I went into the prisoner's house and asked her for a baron of soup, and some bread and bees, and I asked her what I was to pay, and she said, one shilling, she said there was time to take a dish of tea with them, if I liked; I had not drank above a cup or two of tea, before a coach came before the door, she said, she had a letter to go up farther into the town, and she asked me if I would go in the coach along with her; and when we got to the house where she was going with the letter, I called for half-a-crown's worth of punch to drink; then I paid for the punch, and changed a guinea there; when we were come out of the room where we had the punch, there were two coachmen that they called brothers, and she called one of them into the coach, and she sat down along side of him; she said to the brother of the coachman, you can go inside of the coach if you like, and we went home back again, and then there were three inside of the coach; then I said to her, if she would go with me to Mr. Davies's, in New Gravel-lane, I would spend another half-crown's worth of punch; then I went with her to that house, I asked the coachman how much I was to pay for the coach, and then I paid the coachman six shillings; I said, it was too much money to pay him, and this woman said, never mind, you must not be niggardly, you pay three shillings, and I will pay three shillings; she asked me if I would trust her with a dollar, and she had my silver watch in her bosom.

Q. How did she get it there? - A. When she went into that room, she had it in her bosom, and she broke the key, she took it from me.

Q. Did you give consent to her taking it? - A. No; she took it against my will.

Q. When was it she put your watch in her bosom? - A.When I first came inside of her door; it was a silver watch, and a silver key; I said, why did she let my watch drop down her bosom; I said, you shall not have my watch, nor you shall not have my property, nor my money; I said to her, I got thirty-seven pounds that day from Mr. Davis, in New Gravel-lane, and two dollars, he keeps a public-house.

Q. How came he to give you the money? - A. I had a run with a captain from the West-Indies, and I left the money with him, and that woman said, no, you have not that money, I produced it, and then she robbed it out of my hand.

Q. Was it in money or Bank-notes? - A. In Bank-notes.

Q. Did you pull out thirty-seven pounds in Bank-notes? - A. No, no more than five 5l. notes, twenty-five pounds; and then she took me inside another room, and drew the curtain, and said, you can sleep here to night along with me; I says, I never thought of such a thing, she said, for all that you can sleep in my bed along my side; then she told me to sit down upon a chair; she told me she would sing a good fine English song, then they sent for liquor; when I had drank that liquor, they sent for one shillingsworth, and I fell a little asleep, and while I was asleep, I know I lost a guinea and a half in gold out of one pocket, and a couple of dollars out of the other; I had a pair of silver knee-buckles in one pocket, and a pair of silver shoe-buckles in my shoes, and then at eleven o'clock at night, she turned me outside the door, and I saw my eyes open, when I was outside of the door.

Cross-examined by Mr. Knowlys. Q. This happened on a Friday afternoon? - A. Yes.

Q. This woman keeps a cook's-shop? - A. Yes.

Q. Did not you first of all go into the shop, and ask for soup, and they told you they had none? - A. I took no notice of it.

Q. Did not you tell them, that one Jacob was your brother, and then they said, if that was the case, you might have soup or any thing else? - A. No, I did not.

Q. Upon your oath, did not you give this woman your watch, and desire her to take care of it? - A. No.

Q. Do you persist in swearing that positively -I tell you there were a great many people there? - A. Yes, I will swear that.

Q. Did she take your watch against your will? - A. Yes.

Q. After she had taken the watch against your will, you went in a hackney-coach with her, did you? - A. Yes.

Q. Did you complain to any body in the house, that she kept your watch against your will? - A. No, I did not.

Q. Now I ask you this, do you know Peter Anderson ? - A. I have heard of the man.

Q. Do you know Abraham Henderson? - A. A good many people go by that name.

Q. Did not you say in the house, here, take care of this till I call for it again? - A. No, I did not.

Q.How many people were there by at the time? - A. Sometimes three, and sometimes four in the house.

Q. It was between three and four in the afternoon that she took your watch, was it not? - A. Yes.

Q. And after she had taken your watch against your will, you went in a coach with her to Bishopsgate-street, did not you? - A. I do not know, it was somewhere in the town.

Q.Afterwards went to your friend Davis's in the coach? - A. Yes.

Q. Did not you complain to your friend Davis, that she had got the watch against your will? - A. No, I did not.

Q. Did you treat this woman, who took your watch against your will, with any liquor? - A. We had half-a-crown's worth of liquor between the coachman, and me, and her.

Q. How came you to go home with this woman that had robbed you of your watch, how came you not to stop at Davis's? - A. I was to go to pay for the coach.

Q. You did not hire the coach? - A. No; but I must pay three shillings, and she must pay three shillings.

Q. Then after you got back to her house, you told her you had thirty-five pounds worth of Banknotes, did not you? - A. Yes.

Q.What after she had taken your watch against your will, did you tell her you had thirty-five pounds more? - A. Yes.

Q. Where did she take that thirty-five pounds from, out of your hand? - A. In the first room.

Q. That is the shop? - A. Yes.

Q.Who was by at that time, was not Henderson by? - A. I do not know the people's name; there were two or three standing in one corner.

Q. Did you call out to them? - A. No.

Q. Did you try to get them from her again? - A. No.

Q.She beckoned you into the back room? - A. Yes, into the back room, and drew the curtain.

Q. And you followed her, when she beckoned you? - A. Yes.

Q. How long did you stay in the back room with her? - A. Till past ten o'clock.

Q. Had you buckles in your shoes when you went into the house? - A. Yes.

Q. I tell you there were four or five people there when you went out of the house; will you swear your buckles had been taken out of your shoes when you went out of that house? - A. That I cannot swear particularly to.

Q. You told my Lord so a little will ago? - A. I said I was asleep, and in liquor.

Q. Upon your oath, do you know where you slept that night? - A. I went into Mr. Peterson's house.

Q. Did you not sleep some part of the night with a common woman of the town? - A. No, I did not; I slept in a yard close by Mr. Peterson's house.

Q. You slept in the open Mast-yard, did not you? - A. Yes.

Q. That is a considerable distance from this house, a mile, is it not? - A. It is a good way from it.

Q. Not a place secured with doors and locks? - A.There is a door but no lock.

Q. Did you not call upon Saturday morning at this woman's house, and ask for the watch you had left with her the night before? - A. Yes; I asked her if she was willing to let me have my property without any trouble.

Q.There was a number of people there, was there not? - A. Yes.

Q. I ask you whether you did not say to her, give me the money that I left her last night? - A. I asked her if she was willing to give me the money.

Q. Then you did not say the words, the money that I left here last night? - A. No.

Q.You are sure of that? - A. Yes.

Q. Your friend, Godfred, was there, at one time? - A. The woman was not in when Mr. Godfred was there.

Q. I ask you whether the woman did not give you this answer: you never left any money here, but you left your watch, and here it is for you? - A. I asked her to give me my money.

Q. Did not she tell you, you left no money here, but you left your watch, and there it was for you? - A. I told her if she did not give me all my property I should not take the watch.

Court. Q. Did she say you left no money here, but you left your watch, and here it is for you? - A. I know very well that the woman had that money from me.

Court. Q. Did she not say to you, you left no money here, but you left your watch, and it is here for you? - A. She said you shall have no money.

Mr. Knowlys. Q.But did she not say you left your watch, and here it is for you? - A. She told

me there was my watch, I might take it if I pleased, and I would not take it.

Q. You called again on the Sunday morning, did not you? - A. Yes.

Q. You asked her again for your money then? - A. Yes.

Q. Did she not then tell you that you left no money with her, but you left your watch, and there it was? - A. No; she said I might take my watch.

Q. Did not you breakfast with them, in a friendly manner, on the Sunday morning? - A. Yes.

Q. On Monday morning you called again, did not you, and ask for your money? - A. No, I did not.

Q. You saw Godfred, did not you? - A. Yes, on the Saturday.

Q. Did not you tell him that you had left your money somewhere, you did not know rightly where, but you believed it was at a cook's-shop? - A. I did not say any such words; he asked me where my buckles were, and I said, they were at a cook's-shop.

Q. Did not Godfred ask you whether the prisoner took your money, and you said, you did not know? - A. He asked me where the money was, and I told him Betsey had the money.

Q. By Betsey you mean the prisoner? - A. Yes.

Q. Now, I ask you, if Godfred did not ask you whether Betsey took your money, and you answered him, no, Godfred, she did not? - A. No; he never asked me such a thing.

Q. Did you not tell Godfred, that the first time you missed your money, and buckles, was in the morning when you found yourself in the Mast-yard? - A. No such thing at all; I said to him, Betsey stole it.

Q. Now, I ask you, if you ever mentioned, before the Justices, that the woman took away your watch, or any thing about your watch? - A. I cannot give an answer, because I don't understand.

Q. Did you tell the Justices that Betsey had taken your watch against your will? - A. I said, she had taken the money, and robbed me; I told the Justices she had taken my watch against my will.

Q. You are sure you mentioned your watch before the Justices? - A. Yes.

WILLIAM DAVIS sworn. - The prosecutor returned from the West-Indies, he had been on board a ship getting his wages; on Thursday, the 17th of August, he came to my house, and was very glad to see me, and asked me to drink a glass, and he had a glass of brandy; with that he sat down in the tap room, and drank very free, he staid till about eight o'clock at night; I told him it would be wrong for him to go out with all that money about him, he had better leave it in my custody till the morning; well then, says he, I will leave it with you till to-morrow morning, and thank you too; I took him into the parlour, and he gave me seven five pound Bank-notes, three guineas in gold, and his watch, I counted it down to him, and shewed him what it was; he came to my house about eight o'clock in the morning, and had a glass at the bar; and I gave him his money and his watch, and I said to him, go right home with this money, for fear you should lose it; he went out, and I saw no more of him till about five or six in the afternoon; he came to my door in a coach, and a young woman with him in the coach; they went together into the back room, with the coachman, and called for half-a-crown bowl of punch; they seemed all intoxicated; they stopped about three quarters of an hour in my house; I did not see any more of him till the next morning, Saturday, about seven o'clock; he came in, and said, Mr. Davis, I am robbed, I am robbed, I have lost all my money, my watch, my buckles, my every thing, I have not one farthing; God bless you, give me a glass of gin; I gave him a glass of gin, and then says I, who has done it; oh, at the cook's shop, says he, at the cook's shop, just by Shadwell church; I told him to go and ask the woman for his money.

Cross-examined by Mr. Knowlys. Q. Did you hear him say where he had slept the night before? - A. No; he told me that as soon as they had got his money, they pushed him out of doors.

Q. You did not go to any Justice of the Peace with him? - A. No.

Q. If he had said, when he came to your house with the woman, that she had taken his watch, you would have assisted him in apprehending her? - A.Surely I would.

Q. What time does your house shut up? - A. Commonly, about eleven.

Q. He did not come to your house the night he was robbed? - A. No.

Q. Your house is not a quarter of a mile from the house where he was robbed? - A. No, it is not.

JOHN COOK sworn. - I am a constable belonging to the Public-office, Shadwell: On Monday, the 21st of August last, in consequence of a search-warrant, I went to the prisoner's house, in Shadwell, in company with the prosecutor; I then told the prisoner I had a warrant to search her house for some property belonging to the prosecutor; she told me I was very welcome, she had no property but a watch that was hanging up in the room, and she shewed it me directly; I then proceeded to search; I did search all the house, and herself, and found nothing else in her possession; I then took her to the Magistrate, at Shadwell; Mr. Staples was sitting; I then produced the watch, but the

prosecutor, upon his examination, would not swear that she robbed him of it, nor did not; she was then committed for the Wednesday following, I think it was for further examination, and again, till, I think, Friday, till the prosecutor could prove to the Magistrate's satisfaction, how he came by the money, that he said he had lost; she was then fully committed; the prosecutor would insist that this watch should be put in the indictment before Mr. Berry, Clerk of the Indictments; he would insist upon it's being put in. (Produces the watch).

Cross-examined by Mr. Knowlys. Q. Then the man, though he was frequently asked to do it, would not swear to his being robbed of the watch at all? - A. No.

Court. (To Hanson). Q. Is that watch your property? - A. Yes.

For the prisoner.

JOHN GODFRED sworn. - Examined by Mr. Knowlys. I am a slop-seller.

Q. Do you know the prosecutor? - A. Yes; he called upon me on the Saturday morning; says he, I owe you some money, and I hope it will be now in my power to satisfy you; I said, what is the matter with you, you have got no buckles in your shoes; you have been taking, have not you? says he, I do not know where they are; says I, why I suppose you have lost them, have not you? no, I hope not; says I, where have you been last night? I do not know, Mr. Godsred; you do not know, says I; say he, you will know the house I have been in, if I tell you; where have you been then? in the cook's shop above Shadwell Church; have you lost your watch? no, I have not, Mr. Godsred, I know where it is; who has got it? Betsey; I gave it to her in care, and she put it in her bosom; you have not lost your money, have you? I hope not, Mr. Godfred; if you will be so kind as go along with me, I will get it; says I, you always come to me when you are in distress, why do not you go to your landlord, and get him to go along with you? my landlord is very poorly, and I will satisfy you to go with me; did she take your money form you? he said, no, she did not indeed, Mr. Godsred; he said, she did not take his watch, he left it there; has she got your buckles? I do not know, Mr. Godfred; I suppose you have lost the whole kit, you have been in a bad house, or among some bad girls; he said, no, he had not; says I, I advised you the other day to give your money to the landlord; he said, I have paid Mr. Peterson, and have left my money with another man; I had it all about me yesterday, when I went to Betsey's house; I said, how came you to carry so much money about you; he said, he was going to lodge it in some gentleman's hands, to send it home to Norway; I asked him why he did not go to the gentleman's house at first; he said, Betsey was going up into the city about some business, and he should be welcome to go along with her; he was to pay half the coach-hire, and she was to pay half; I asked him if he went in the coach with her; he said, yes, he did; I asked him if there was any body but he and her in the coach; he said, he did not know; why then said I, you have been groggy or tipsy, that you did not know what you were about? I was not, Mr. Godfred, I was only rather sleepy; did you sleep in the coach? no, I did not; why then you were stupified, I suppose; he said, he was not; did she overhaul your pocket, or did she fumble about you in the coach; he said, no; did she take any money away from you in the coach; he said, no, she did not, Mr. Godfred, I took d-d good care of that; did you go into any house? yes; I went to a house, and we had some punch, and that I paid for; and we went into another house, and there we had another half-crown bowl of punch, and that I paid for; I asked him what houses, but he could not tell; then we came right home; home where? to Betsey's house, and there I had a shillingsworth of rum and water, and got change for a dollar; he said, he had five five-pound notes; did you give those five-pound notes to Betsey? I do not know, Mr. Godfred, I believe I did; did you give her any other money? no, I lent her a dollar to pay the coach-hire; did she take the money form you? no, she did not; who was there besides yourself? there were three or four sailors; can you tell the man that took your money? no, says he, I can tell no such thing; where were you when you first missed your money? outside of Betsey's window; what time was it? between eleven and twelve o'clock; did you sleep there? yes, I believe I did; when you awoke, which way did you feel your self robbed; were your small clothes open, or your trowsers open? no, I believe not, Mr. Godfred; I felt in my shoes, and the buckles were gone, and I missed my money too; was the house shut up then? yes, it was; I was outside of the door till between eleven and twelve, they pushed me out; where did you go to afterwards? I went down into Narrow-street, to go to Peterson's house; I asked him why he did not knock at Peterson's door; he said, he did knock at the door, but he was not up; I said to him, why you tell me so many stories, do tell me the truth; says he, I will tell you the truth, if you will go along with me to Betsey's house; says I, if you will tell me the truth, I will go along with you, then I may have some ground to go upon? yes, Mr. Godfred, I will tell you the truth, I slept in the mast makers yard, right opposite Peterson's house, in Narrow-street; says I, if you slept there, you are certainly done; he

said, no, I hope not, Mr. Godfred; you are certainly robbed, you may depend upon it; no, I am not robbed; you go along with me to the house I speak of, and I think the money is in the house I went with him then immediately to the prisoner's house; as soon as he got in, an old woman saluted him, and said, well done, my lad, Betsey is gone out to market, she will soon be back, but she has left your watch hanging there, for fear you should come for it before she came back; yes, yes, says he, I know my watch, I know my watch very well, but never mind the watch; but there is some money left in this house last night that belongs to me; is not there, says I? I said to him, why do not you speak now? he said, never mind it, Betsey is not at home.

Q. Did Betsey afterwards come back? - A. I did not stop so long; says he, I will pay you one guinea if you will stop till Betsey comes; says I, I will stay no longer; I said to him, did she take the watch from you, and he said, no, Mr. Godfred, she did not, I gave it to her; I then said, did she take the money from you? no, she did not; then I asked him again, have you given the money to her? I do not know, Mr. Godfred, I think the money is in this house; I then told him I would stop no longer.

Q. Your house is not far from her's? - A. No; I have known her four years; I always knew her to be a very industrious woman; and there are so many coming backwards and forwards to my house, that use her house, that I must have heard if she had been guilty of any thing of this kind; she lodged sailors in her house.

Q. Was a man of the name of Turbon Acres present at any part of the conversation? - A. Yes, most of the time.

Turbon Acres, Samuel Hanson, and Abraham Hendersen, confirmed the evidence of Mr. Godfred, as to his conversation with the prosecutor.

The prisoner called five witnesses, who gave her a good character for honesty and modesty.

NOT GUILTY .

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

Reference Number: t17970920-25

508. JOHN WELCHMAN was indicted, for that he, on the 7th of September , thirty pieces of counterfeit milled money, made and counterfeited to the likeness of a good sixpence, not being cut in pieces, did put off to David Jacobs, at a lower rate and value than the same did import, and were couterfeited for, that is to say, for 10s. 6d. in monies numbered .

Second Count. For a like offence, varying the manner of charging it.(The indictment was stated by Mr. Cullen, and the case by Mr. Fielding.)

DAVID JACOBS sworn. - Examined by Mr. Cullen. Q. Do you know the prisoner? - A. Yes; he keeps a hosier's shop , No. 2, Great Eastcheap; I went to his house on the 7th of September last; I had been there before; I went in about eleven o'clock to buy some sixpences that he had given me a pattern on the Monday before; I went to him on the Tuesday morning, and asked him if he had got any dollars; he told me, yes, as many as I pleased; I told him I wanted half a dozen; he brought me a dozen to pick out half a dozen, and I picked out half a dozen; I agreed with him for 2s. a piece; I went back in the evening; he shewed me some very good sixpences, much like silver; I asked him how he sold them, and he told me I should have thirty for half-a-guinea, and I bought thirty.

Q. Who did you go with on the 7th of September? - A.With Ray, Clark, and Armstrong.

Q.What passed before you went into the house? - A. Clark, one of the officers, before I went into the house, gave me a twenty-shilling note.

Q. Did any body mark that note? - A. Yes; Clark, Wray, and Armstrong marked it.

Q. When you purchesed the sixpences, what money did you give for them? - A. I gave him that note; he told me I might have as many as I pleased; I told him I had not much money, I would have but half-a-guinea's worth, which, with two dollars that I bought of him, came to 14s. 6d.; here is the change that I received of him,(produces it): his wife gave me the dollars from up stairs; I dealt with him in the shop; I went out of doors, and Mr. Armstrong laid hold of me, and took the sixpences out of my pocket, and then they went in and searched the house.

Q. Did you go in with them? - A. Yes; they took me in custody.

Q. Were there any goods in this hosier's shop? - A. There appeared to be a good many stockings; there was nothing to be seen outside of the window; there were parcels of bad money, tied up like stockings, to send into the country; there were only two or three stockings hanging up at the window.

Cross-examined by Mr. Const. Q. All that you have been telling these gentlemen is very true? - A. Yes.

Q. What business are you? - A. I travel in the hardware line; the prisoner at the bar told me he would furnish me with money to travel the country with.

Q. How came you to be acquainted with the prisoner? - A. By the prisoner's brother's recommendation, at Bath.

Q. You have dealt a good deal in that line? - A. Mr. Welchman put me into it.

Q. You never was taken up? - A. No.

Q. Then nobody can say that? - A. Not to be in any prison.

Q. How so? - A. I never was in any prison.

Q. Do you mean to say you never were taken up? - A. I never was taken up for bad money; I was taken up upon suspicion.

Q.Perhaps you found out somebody else as a scape-goat at that time? - A. No, I could not do that.

Q. Where was it that you was taken up on suspicion? - A. At Barnstaple, in July or August.

Q. Perhaps both months? - A. No.

Q.How did you get out of that? - A. I was acquitted as an honest man; I had nothing by me.

Q.Because they found nothing about you; it was all gone, was it? - A. I had nothing by me.

Q. You had been at Mr. Welchman's before? - A. Yes, or else I should not have known his house, you know.

Q.How happened you to be sent this time? - A. I gave a voluntary information to the Justices, at Worship-street.

Q.You were not in any danger yourself? - A. No.

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

Q. Were you at any fair at Glastonbury? - A. I was taken up there, but there was nothing by me.

Q.Did not you just now swear you were never taken up but once? - A. You did not ask me that.

Q. You swear that now, do you? - A. Yes; I was not taken up at Barnstaple for this, it was for licences; I had none, and the Justice could not find goods enough by me.

Q. You told me first you were taken up at Barnstaple on suspicion, but you had none about you? - A. Yes; I had no licence by me.

Q.Are these the only times upon which you were ever in custody? - A. Yes.

Q. Did you know Mr. Woodthorpe, the Town Clerk? - A. I do not know that I do.

Q. Do you remember being taken up for putting off bad money to a gentleman that you sold some mackerel to? - A. No; upon my oath I never was.

Q.Nor charged with it? - A. No, I was not.

Q.Mr. Clark, you say, gave you the note that you had? - A. Yes.

Q. And you gave that note to Mr. Welchman? - A. Yes.

Q. Did any body see what he gave you for the note? - A. No, only his wife.

Q. Did the constables search you before you went in? - A. Yes.

Q. You say Armstrong laid hold of you; why did he do that? - A.Mr. Armstrong knew of the information.

JOHN CLARKE sworn. - Examined by Mr. Fielding. I am an officer of the city.

Q. Do you remember going to the house of Welchman on the 7th of September, in company with Ray and Armstrong? - A. Yes, and Jacobs went with us; when we entered the house, I think it was between twelve and one o'clock; I searched Jacobs before he went into the house for money, and there was none about him; he had a one pound note given to him by Mr. Powell, to purchase some money, and I marked that note.

Q. How long had Jacobs been in the house before he returned from it? - A. I think he had been in the house ten minutes, to the best of my recollection.

Q. Was he searched when he came out of the house? - A. I myself went up to my first man as soon as he came out of the house; I met him, and I took him immediately into the house; at my heels, another officer, Armstrong, came in; I gave him into the hands of Armstrong; he searched him, and I immediately went round the counter to the prisoner at the bar.

Q.Then you were not the person that searched him, but Armstrong was? - A. Armstrong searched him, and I searched Mr. Welchman, and found the note in his right hand waistcoat pocket, which I had marked before the Jew went in. (Produces it).

Q. Is that the note which you know as having been delivered to Jacobs? - A. It is; there are my initials on it, and there are Armstrong's initials on it; I searched him; I found nothing upon his person but that note; in the shop we found an amazing quantity of halfpence; seven bags I have here, to what amount I do not know; they were in the shop behind the counter, under some seats that were there; we found some done up in papers, in drawers.

Q. To what amount? - A. There are seven bags; I suppose they weight half a hundred a piece; there was in the shop 130lb. of good money, which, he said, belonged to another person; it was returned to the person that he said it belonged to; we went up to the top of the garret stairs, and and found a vast quantity of counterfeit sixpences,(produces them); I told him we had an information, and after some interogation he went up stairs, and shewed us where they were.

Q. Were the sixpences in this condition when you found them, each in a separate paper? - A. Yes; we found it concealed under the top stair, going into the room; it was a sliding stair; in another paper here are eighteen guineas and some half-guineas.

Q. There was a great deal of counterfeit money? - A. A great deal indeed.

Cross-examined by Mr. Gurney. Q. You were not in the house at the time that Jacobs gave the Bank-note to Welchman? - A. No.

Q.Therefore that transaction depended entirely upon him? - A. Yes; I was not there.

Q. Did you search him so as to be certain that he had no money, did you search his shoes, and every part of his dress;? - A. No, I did not; I searched his pockets, and his body, but did not search his shoes.

JOHN ARMSTRONG sworn. - Examined by Mr. Felding. In consequence of a warrant, I went to the prisoner's house, with Clark, Peach, Ferris, and Harper.

Q. Had you seen Jacob's at the office of Mr. Colquhoun? - A. Yes; I was there at the time he gave the information, I afterwards stopped him as he came out of Mr. Welchman's, and searched him, and found those sixpences upon him, and two dollars, (producing them:) there are thirty sixpences, I searched Jacob's in Welchman's shop; Jacobs said, that is the man I bought them of, he did not say any thing, but desired us to be very quiet, because his wife was very heavy with child, I went on to search the house.

Q. Did you find vast quantities of counterfeit-money? - A. I did; I found in this bag six hundred and sixty sixpences, nine half-crowns, and fifteen shillings, here is another bag with 836 sixpences wrote upon, "cast unfinished;" here is another bag of sixpences and shillings cast as they came out, in their first state, and here are twenty half-crowns in another.

Q. In short you found a vast quantity of counterfeit-money of all descriptions? - A. Yes.

Q. Did you find that the sixpences that were upon Jacob's, tallied with the sixpences you found in the house? - A. There were some that did.

JOHN RAY sworn. - Examined by Mr. Fielding. I found a great quantity of bad money at the prisoner's house. (Produces a bowl full.)

WILLIAM PARKER sworn. Examined by Mr. Fielding. I am a silversmith.

Q. Look at these sixpences? - A. They appear to be very bad.

Q. Look at these, (some found in the house.)? - A. They are just the same as the others.

The prisoner called Mr. Long, a hosier, at Islington, who had known him two years and a half, and gave him a good character.

GUILTY . (Aged 32.) Imprisoned one year in Newgate , and fined 200l . and imprisoned till that fine be paid.

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

Reference Number: t17970920-26

509. THOMAS WILLIAMS was indicted for feloniously stealing, on the 15th of September , three pieces of linen cloth, value 12s. the property of George Cripps .

MARY CRIPPS sworn. - I am the wife of George Cripps , a publican ; the prisoner came into our house with another person to drink; he did not sit down, but was walking backwards and forwards about the house; I went into the parlour while he was there, and the cloth laid in the window; about ten minutes after that, I went in again, and the cloth was gone, no person had been out of the house but him; I went in pursuit of him, and my husband was coming up the road, I told him of it, and he went after him.

GEORGE CRIPPS sworn. - I am a publican; I saw my wife in pursuit of the prisoner; I went after him across the field, and sent a man upon my mare the road way; I pursued him to Hillingdon, the man on horseback was there before me, and had taken him; we were bringing him back, when we met one of his officers, he said he had not done it; I told him I would go down to the major with him, and then he said, I suppose you want your things again, I will go and show you where I did them, but I hope you will not be too rash upon me, for I am afraid it will hand me; he went with us, and missed the place where they were did, I was walking along and found them myself in a ditch, in a wheat stubble field.

THOMAS RIGBY sworn. - I went upon Mr. Cripps's mare in pursuit of the prisoner to his quarters; I took him off the bed; we met his officer, and he desired a constable to be sent for; I saw George Cripps find the things in the ditch. (The property was produced and deposed to by the prosecutor.)

Prisoner's defence. I am a soldier in the Middlesex Supplementary Militia; I called at the prosecutor's house with my comrade, and had rather more liquor than I wanted, and as I was going across the field to my quarters, I saw a man go over a gate into a ditch, in a stubble field, and throw something down; I went home to my quarters, and this man came and took me, and told me Cripps would not hurt me if I told him where the things were, and I told him what I had seen, and he found it there, I never took the property.

GUILTY . (Aged 33.) Confined six months in the House of Correction , and fined 1s.

Tried by the second Middlesex Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-27

510. ISAAC WARREN was indicted for feloniously stealing, on the 3d. of August , a silk pocket handkerchief, value 2s. the property of John Smith .

JOHN SMITH sworn - I am an officer in the Excise : On the 3d. of August, I was passing through Broad-street, St. Giles's , between three and four in the afternoon, and was informed that I had lost my handkerchief, I did not perceive it go; I turned round and saw a witness who is here, contending with the prisoner in the street; he got away from him, and ran up Dyot-street; he then drew a knife from his pocket, and made several attempts with it, it was with difficulty we got it from him; we secured him, and Mr. Yardley found the property upon him; it has my mark upon it.

Prisoner. Did you see any knife in my hand? - A. Yes; he attempted to jab it through my hand.

Prisoner. Did you see any handkerchief in my possession? - A. Yes; I took it out of his pocket, he had a double pocket.

YARDLEY sworn. I live in Bloomsbury: I was going through Broad-street, St. Giles's, and saw the prisoner in company with another person, the prisoner in followed Mr. Smith, and took his handkerchief out of his pocket; he twisted it round his hand, and put it into his inside pocket; I called out to the prosecutor, but I believe he did not hear me; the prisoner turned round and shook his fist at me; I immediately went up towards him, he ran round the corner of Dyot-street, and seeing me after him, he immediately turned back and took out his knife; I told him I was not afraid of his knife, I would have him; he stood with his knife in his hand to keep me from laying hold of him; when I went near him, he made an attempt to cut me; another person came up who had a great coat on his arm, he threw the great coat in his face, and we tumbled him down, one got hold of one hand, and another of the other, but we could not get the knife from him till the other person almost throttled him, and then we got it away; we searched him and took this handkerchief out of his pocket. (Produces it).

Prosecutor. This is my handkerchief.

GUILTY (Aged 31.) The Court immediately pronounced sentence of transportation for seven years .

Tried by the second Middlesex Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-28

511. THOMAS STACK and JOHN WILKINS were indicted for feloniously stealing, on the 20th of July , a mahogany portable writing-desk, value 23s. the property of William Glaister .

WILLIAM GLAISTER sworn. - I am a cabinet-maker , in King-street, Holborn : I can only swear to the property.

WILLIAM WOLLEY sworn. - I am an oilman, No. 223, High Holborn: I was standing at my shop-door, about one o'clock in the day, I saw the two prisoners come down the street together, Wilkins went into the prosecutor's shop and brought out a desk, which he threw down upon the flags outside the house.

Q. How came he to throw it down? - A. I believe he saw me coming to him; I went after him and brought him back; I asked him why he took it; and he said, he was not going to do any thing with it, but out of mischief; Stack did not go into the shop, but walked a little gently on; I took them both back into the shop, and they were taken to Bow-street.

Cross-examined by Mr. Knapp. Q. Whether the whole transaction was mere mischief, or whether they intended to steal it, you cannot say? - A. No, I cannot.

Q.Stack did not go in at all? - A. No.

Q. By mischief, you mean fun? - A. Yes.

Jury. Q. How far was it carried from the shop door? - A. About three yards.

For Stack.

ELIZABETH STACK sworn. - Examined by Mr. Knapp. Q. I am the mother of the prisoner, I am a washerwoman, my son has worked at a smith's shop: On the 20th of July, I sent him of an errand to the corner of Dean-street, Holborn, between twelve and one o'clock.

Court. Q. Do you know Wilkins? - A. No; I never saw him in my life.

The prisoners, each, called one other witness, who gave them a good character.

Both NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-29

512. JAMES OSBORN was indicted for feloniously stealing, on the 17th of September , a cloth jacket, value 4s. a woollen waistcoat, value 1s. and a silk handkerchief, value 1s. 6d. the property of John Grays .

JOHN GRAYS sworn. - I live at South Shields, in the county of Durham: On Sunday last I lost my jacket, waistcoat, and silk handkerchief, from on hoard the Unicorn, at Blackwall-dock , they were in my chest, upon the half-deck, I was not in the ship at the time; I saw the things taken from the prisoner when he was brought back.

THOMAS FOWLE sworn. - I was on board the Circe, which was lying close to the Unicorn: I heard somebody crying murder, and I went after the prisoner, I caught him upon the wharf, and brought him back; I took him on board the Unicorn, and searched him, I found this brown jacket and waistcoat upon him, under his shirt; and upon pulling his jacket off the silk handkerchief tumbled out; he went down on his knees and asked me to

let him go; I told him I would not; and took him to the watch-house. (The property was produced, and deposed to by the prosecutor).

ELIZABETH GRAYS sworn. - I am the wife of John Grays; I was in the master's cabin dressing myself; I heard somebody up stairs; I looked, and saw the prisoner take these things from where the sailors sleep.

Prisoner's defence. I went on board to beg a little victuals, and I told the woman so; she said, I had been taking something; I said, I had not, and I went on shore; they came after me, and took me; they found the things in the cabin.

GUILTY (Aged 31.) Confined one year in the House of Correction , and fined 1s.

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17970920-30

513. MARY HERNE was indicted for feloniously stealing, on the 15th of August , three silver tea-spoons, value 6s. the property of Richard King .

MARY KING sworn. - My husband is a gentleman's servant ; the prisoner was my servant ; I am in the milk business; she came to me on Sunday, the 13th of August, and I discharged her, upon hearing a bad character of her, on Tuesday, the 15th; I obtained a warrant from Marlborough-street, and apprehended her on suspicion; I learnt that she was gone to live at Camden-Town; the officer brought her down to my apartments, and searched her, when two of the spoons dropped from her, and the duplicate of the other was found upon her.

DAVID CORE sworn. - I belong to Marlborough-street office; I apprehended the prisoner at Camden-Town; she made many excuses, but I told her she must go with me; as I was taking her down Titchfield-street, she told me the spoons were did in the house; I took her back to the house, and the moment I entered the room, I saw her put her hand in her right hand pocket; I told her I would search her myself, and she dropped the spoons under her apron; I picked them up, and she said, that either me or the prosecutrix dropped them ourselves; I searched her pocket, and found this duplicate of a tea-spoon, (produces it); I took her to Marlborough-street, and then I went to the pawnbroker at Hamp-street, and got the spoon.

THOMAS PAXON sworn. - I am a pawnbroker; the prisoner pawned three spoons with me, on the 16th, I am sure she is the woman; on the 28th, she fetched two spoons out, and left the other one; she pledged them in the name of Courtney.

Prisoner. That is my husband's name.

(The spoons were produced, and deposed to by Mrs. King). The prisoner put in a written defence, as follows: My Lord, and Gentleman. It was my great misfortune to work two days with Mrs. King, a milk-woman, as a carrier; I cleaned the kitchen, where, in raking up some old dirt, I picked up two teaspoons, and a little further, one more, which, from their colour, must have lain there some time; there are a great many lodgers in the house; I thought I would speak to every one in the house; I told Mrs. King to look if any thing was lost, before I went; and she looked, and said, no, she had lost nothing; and the same with the lodgers; thus finding there was no loser, I thought myself a fortunate gainer, if they were silver, for from their black appearance, I could not tell; when my mistress came to me, I did not deny having them, though I denied stealing them, for which offence I stand charged, for the first time in my wretched life. Oh, my Lord, look with an eye of benevolence and compassion upon your humble petitioner, and cast not away an unfortunate woman, who never intended to injured any one; and who once never thought to be reduced to such a situation.

GUILTY (Aged 45). Confined six months in the House of Corrections , and fined 1s.

Tried by the first Middlesex Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-31

514. ROBERT JOHNSON was indicted for feloniously stealing, on the 29th of July , two pewter quart pots, value 2s. the property of Nathaniel Taynton .

NATHANIEL TAYNTON sworn. - I keep the Bull's Head, in Walbrook : On Saturday, the 29th day of July, about ten o'clock in the evening, I lost two quart pots; two pots of beer had been ordered, and were taken out by a servant of mine, who has since left me; the pots were taken from my servant with the beer in them; on the Monday, a man told me I should find the pots at an old Iron-shop, in Shoe-lane; I endeavoured to get a search-warrant, but could not; the next witness found the pots.

ROBERT BARWELL sworn. - I had information that there were some of my pots along with this gentleman's, at an iron shop in Shoe-lane; I went with a constable, and searched the house; Mr. Johnson, the prisoner, sat in the shop, and asked me what I wanted; I told him, I understood there were some pots of mine concealed there; he told me, he never bought any pots, nor stole any; I told him. I should search his house; and he told me I might do as I pleased; I told the constable to look into the bed, and there he found four quart pots. (Dutton, the constable, produced the pots.)

Taynton. These two are my pots, they are the same that I lost; there is my private mark upon the bottom of each of them.

Barwell cross-examined by Mr. Knapp. Q. He told you, you might ransack his house? - A. Yes.

Q. You had some information which led you to the prisoner's house? - A. Yes.

Q. That information you had from Boss, had not you? - A. Yes.

Q. What is Boss? - A. He has been a recruiting-serjeant, I believe.

Q. In other words a crimp? - A. Yes, if you please.

Q. Did you know the prisoner at the bar before? - A. I have known him for years.

Q. Do you happen to know that he is a married man? - A. Yes.

Q. His wife was a violent dispositioned lady, I believe? - A.I cannot say, I never heard.

Q. What kind of shop did she keep? - A. An iron-shop, in Shoe-lane.

Q. I believe you know that they do not live in the same house? - A. As far as I know they always lie in the same bed together.

Q. Do you not know that the one keeps a cabinet-maker's shop, and the other an iron-shop opposite? - A. I have seen a few chairs at the house over the way.

Q. Have not you heard from Boss, that they were parted? - A. I have understood that they have parted for a week, and then made it up, and gone to bed together again.

Q. Do you not believe, upon your oath, that this prosecution is a plan laid against the prisoner by his wife and Boss, to get rid of him? - A. No.

Q. Have not you heard Boss declare that it was a plan of Mrs. Johnson's, to lay hold of her husband? - A. No; never any thing like that; I have heard Boss say, he kept a thieving shop, and a shop for receiving stolen goods.

Q.(To Dutton.) The prisoner suffered his house to be searched very readily? - A. Yes; and when I found the pots in the bed, he walked about seemingly very much agitated; he went out at the back door into an alley, and I followed him through various turnings and windings, and called stop thief, till he was taken; Mr. Johnson then said, this is my made of a wife's doing.

The prisoner read his defence as follows:

My Lord, and Gentlemen of the Jury, Owing to a disagreement between my wife and myself, I have no doubt that this was done for the express purpose of ruining me, as she has often threatened. I trust the Gentlemen of the Jury will acquit me, as I am conscious of my own innocence.

For the Prisoner.

ARTHUR HOWELL sworn. - I am a silver chaser: On Saturday, the 29th of July, I was in company with the prisoner at half past seven o'clock in the evening, and it was near one o'clock on the Sunday morning before we parted; and on the Sunday morning he and I went down to East Barnet together, and there we were in company with Mr. Fairbrother and another gentleman; I have known the prisoner four or five years; I never knew any thing to the contrary of his being an honest man; I used to spend the evening at the same public-house with him.

Q. Did he and his wife live upon terms together? - A. Not upon terms of friendship, certainly.

Q. Do you know if they lived in two different houses? - A.Latterly Mr. Johnson has slept in one house, and Mrs. Johnson in the other; the pots were found in the house where she slept.

- FAIRBROTHER sworn. - I was at Barnet, in company with the prisoner at the bar and Mr. Howell, on Sunday, the 30th of July; we slept there that night, and walked to town the Monday morning.

- EXTON sworn. - I was in company with the prisoner and Mr. Fairbrother at Barnet; I, being lame, did not come with them; they left me in bed.

Wm. FIDLER sworn. - I am a small worker in gold, in Shoe-lane; I know Mr. Johnson and his wife; I have known him five or six years; he and his wife a have not lived upon terms this twelve-month, or two years; I have heard him say, that they have not slept together for these four or five months.

Q. Do you know Boss and his wife? - A. Yes.

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

Q. Did you ever hear them have any conversation relative to this business? - A. Yes; a few days after Mr. Johnson was taken up, I met with an acquaintance of mine in Stonecutter-street going there, and we walked together till we met Boss at the corner; I asked Boss if Mr. Johnson was acquitted by the Justice, and he said, he was not; he should take very good care that he should not, for that he was a b-y thief; Boss and I then went over to Barwell's, and my acquaintance went to Mr. Johnson's; we stopped there for a little bit; Boss clapped his hand upon my shoulder, and said, he had fixed Johnson, he would take care that he should not get out till he was set at liberty at Botany Bay; I told Boss, that I thought he was the last man who ought to take away a man's liberty from him; Barwell, when he heard this language, shook his head, as much as to say, he must not say any more.

The prisoner called four witnesses, who had known him from six to fourteen years, and gave him a good character. NOT GUILTY .

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

Reference Number: t17970920-32

515. WILLIAM ELLIS was indicted for breaking and entering the dwelling-house of Simon Stillman , no person being therein, about the hour of one in the afternoon of the 14th of August , and stealing a silk cloak, value 1s. three woollen cloth coats, value 1l. a jean waistcoat, value 1s. a dimity waistcoat, value 1s. a cloth waistcoat, value 1s. a Satin waistcoat, value 1s. a pair of leather breeches, value 1s. and a pair of corderoy breeches, value 1s. the property of the said Simon.

SARAH STILLMAN Sworn. - I am the wife of Simon Stillman ; I live with a perfumer in Fleet-street : On the 14th of August I was employed by my landlady to clean the first floor; I live in the second floor; my landlord's name is Boss; he inhabits the ground floor; I left my room, and returned to it in about five minutes; I found my room door open, which alarmed me very much; a little while after, I thought I heard a noise in the room, and I looked and saw the prisoner under the Bed; I went out of the room and locked him in; I ran down stairs directly; I came down stairs and gave the alarm, and Mr. Barwell came up; we went up stairs, and found the prisoner concealed in a closet; Mr. Barwell secured him; I went to a chest that is in the bed-room, and found a coat, waistcoat, and two pair of breeches taken out, and dropped in again, as if he had been disturbed by my coming up into the room; there was one coat which was at the bottom of the chest, I found at the top; my black silk cloak I did not miss till five o'clock in the afternoon; upon missing it, I looked about and found it tied up in a strange pocket-handkerchief under the bed.

ROBERT BARWELL Sworn. - I was at the street-door, and heard the woman call stop thief; I asked where they were; and she said, they were up stairs; I went up stairs, and found him secreted in a closet; I secured him, and delivered him to the constable.

GUILTY of stealing the goods, but not of breaking and entering the dwelling-house .

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

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-33

516. JAMES DAVIES , and ELIZABETH. his wife , were indicted for breaking and entering the dwelling-house of Samuel Reed , no person being therein, about the hour of three in the afternoon of the 22d of August , and stealing six silver tea-spoons, value 18s. a silver watch, value 1l. a silk gown; value 6s. two cotton gowns, value 1l. a muslin gown, value 10s. a muslinet gown and petticoat, value 10s. a silk petticoat, value 18s. a calimanco skirt, value 4s. a dimity petticoat, value 4s. two diapet table-coths, value 6s. two linen shirts, value 4s. one linen shirt, value 3s. a silk cloak trimmed with lace, value 1l. five pieces of linen cloth, containing two yards, value 2s. an almanack bound in leather, value 6d. five pair of cotton stockings, value 6d. a muslin half shawl, value 1s. 6d. a cloth apron, value 1s. 6d. a silk handkerchief, value 2s. seven guineas and three half-guineas , the property of the said Samuel.

SAMUEL REED Sworn. - I am a glass cutter ; I work with Messers. Peacock, in Fleet-market; I live in Bangor-court, Shoe-lane ; I rent the whole house: On the 22d of August, after dinner, about half past two, I went out to my work; my family consists of my wife and myself only; Mr. and Mrs. Davies lodged in the bottom floor; I took them in as very good lodgers; I live in the one-pair of stairs room, and a single man lodges in the two-pair of stairs, which is the garret; I was sent for at four o'clock by the person that lodges in the garret; he could not get into his room; I opened my own room-door as usual, and found three drawers open, and the things scattered about; one drawer was in its place, with the handle broke off, another upon the ground, and the other upon the dresser; as soon as I had got the key of the garret, I missed the things named in the indictment; we have since found a silk gown, a calimanco skirt, a dimity petticoat, and a muslinet petticoat, a tablecloth, and four pair of stockings, and a pawnbroker here has got a shirt; when I found the drawers in that state, I went up to the garret, to see if the boxes there were safe; when I came down again I looked at the door, and found the latch broke.

Q. How came you to suspect the prisoner? - A. There was a print of a sandy foot against the pannel of the door; we used no sand in our apartments, but the prisoner did; and Mr. Davies left

my house, and never came near it afterwards; Mrs. Davies came home the same evening, and went out again the next morning very early; I never saw him again till I saw him at Hatton-garden; I was not present when the property was found; the constable is here.

Prisoner. Q. How long have you known me? - A. He was in the house before I had it, which was in May last.

Prisoner. Q. What character had you with me? - A. A very good one.

Court. Q.What is the prisoner? - A. A calico glazer.

SUSANNAH REED sworn. - I am the wife of Samuel Reed; I went out on the 22d of August, a little after three o'clock, and left Mr. and Mrs. Davies at dinner; I spoke to them as I came out to give an eye to the place, as we used to do for each other; I was sent for home about half past seven o'clock; the key of the garret was left in my room, and the lodger, being a watchman, came home to go to bed, and could not, till my husband came to let him in; Mr. Davies absconded that night; he never came to our house again; Mrs. Davies went away very early on Wednesday morning; she quitted the house on Thursday evening, and never said any thing to me about it; when I came home, the cart was three parts full of her goods.

Prisoner. Q. Did you not take a dishonest person into your house to lodge? - A. Yes; but he only slept one night in the house.

HENRY FORD sworn. - I am a constable belonging to the Police-office, Hatton-garden: -On Saturday morning, the 26th of August, I went to the house of Mr. Davies, No. 4, George-street, Lambeth-marsh, where I found a silk gown, a stuff skirt, two petticoats, a table-cloth, a nightcap, and four pair of stockings; I took both the prisoners into custody the same day in that room; we went at seven o'clock in the morning, and there was nobody there; I waited till a quarter after nine, when they both came in, and I tied them together; I searched them, and found upon the woman eleven duplicates that do not relate to this robbery, and in the man's sob-pocket I found a duplicate of a shirt pawned for half-a-crown, at Parker and Burkitt's, Prince's-street, Soho; I went to the pawnbroker's with the prosecutrix, and the shirt turned out to be her's.

JOSEPH INWARDS sworn. - I found these articles in the presence of Mr. Ford and Mrs. Reed; that is all I know. (Produces them).

MARGARET DAVIS sworn. - The prisoner took two rooms of me, at No. 4, George-street, Lambeth-marsh, on the 25th of August, about half past two o'clock; they came with the cart at half after six in the evening, and came in to sleep about half after nine; they told me that I was to go to Mr. Reed for a character, in Bangor-court; he told me he had lived there two years.(The shopman to Messrs. Parker and Burkitt, pawnbrokers, produced a shirt); I took in this shirt, but I cannot say that the prisoner is the man.

Q. Look at that duplicate? (It is shewn him); A. This duplicate is my writing; it corresponds with the one on the shirt.

Q.(To Mrs. Reed.) Had they intimated to you that they meant to leave their lodging? - A. No.

Q.(To Samuel Reed.) Had either of them mentioned to you that they meant to leave their lodging? - A.Neither of them.

Mrs. Reed. These things are mine; I am sure they were in my house on the 22d of August.

James Davies's defence. I met a person of the name of Green, with a silk gown and other things. and my wife said, it looked like a gown of Mrs. Reed's; I told him it was Mrs. Reed's gown, and I would take them home to her, and he gave me the duplicate of the shirt; we should have taken them home to Mrs. Reed the next morning, but they came and took us in the mean time.

Q.(To Mrs. Reed.) Are you sure you fastened your door? - A. Yes; it locks itself as soon as it is shut to.

James Davies GUILTY Death . (Aged 38.)

Elizabeth Davies NOT GUILTY .

Tried by the second London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-34

517. WILLIAM GILL was indicted for feloniously stealing, on the 29th of July , a pair of stays, value 30s. the property of William Stelfox .

WILLIAM STELFOX sworn. - I am a stay-maker , No. 77, Holborn-bridge ; I lost a pair of stays off my counter; I know nothing of the robbery myself.

GILES JENKINS sworn. - I am servant to Mr. Stelfox; I saw the prisoner come into Mr. Stelfox's shop, take out a pair of stays, and give them to a man at the door; he came in again, was leaning over the counter, and reaching after something else; he did not see me coming; I came out directly upon his back; the other man saw me, and ran away; I immediately secured the prisoner; my master has lost 100l. worth of stays lately in that way.

Prisoner's defence. I went into the shop to buy some silk; I never meddled with any stays at all.

Jury. Q. Do you sell silk? - A. No, nothing but stays.

The prisoner called his master, who gave him a good character.

GUILTY . (Aged 24.)

Transported for seven years .

Tried by the second London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-35

518. THOMAS SMITH . otherwise JOHN LAW , was indicted for feloniously stealing, on the 10th of August , a silver watch, value 2l. and a base metal watch, gilt with gold, value 2l. the property of Ann Barnes , widow , Sophia Barnes , spinster , and Louisa Ann Barnes , spinster, in their dwelling-house .

SOPHIA BARNES sworn. - I live in Duke-street, West Smithfield ; I keep a silversmith's shop , in partnership with my mother, Ann Barnes , and my sister, Louisa Ann Barnes : On the 10th of August, about seven in the evening, the prisoner came into our shop, and asked for a watch in the window of the value of 3l. 13s.; I told him there was not one marked at that price; he went out, and pointed to one marked three guineas; he came in and looked at it; he said, he did not think it was a good one, and desired to see another; he went out, and pointed to one marked 3l. 10s.; he told me he would give me three guineas for it; I told him, as watches were not very saleable, he should have it; he then desired to look at another; he said, he did not know which he should have; he then took both watches in his hand, and ran out into the street; I went out and screamed; he was soon brought back; he went down upon his knees, gave me the watches, and said, for God's sake do not hurt me, the watches are here.

Cross-examined by Mr. Alley. Q. How long have you been concerned in business together? - A. About ten years.

Q. Your sister is as young and as handsome as yourself, I suppose? - A. It is very likely she may be.

Q. Neither of you are married? - A. No.

Q. Who pays the rent of the house? - A. All three of us.

Q. After the money is received in the shop, how is it divided? - A.Equally among us.

Q. Were there any articles of partnership entered into? - A. I shall not tell you any thing about it.

Court. We must not enquire into family secrets.

Q. At the time of your father's decease, was there any body in partnership with him? - A. No.

- BATES sworn. - I am a shoe-maker; as I was coming from Bartholomew-close, I heard a cry of stop thief; I saw the prisoner running, and I stopped him; he said, for God's sake let me go, it is only for a bastard child; when I took him back, he took the watches out of his pocket, and said, Miss Barnes, these are your property, for God's sake forgive me, or don't hurt me; I forget which it was; I am sure he is the man.

Cross-examined by Mr. Alley. Q.What had this good lady said to him, to induce him to make that intreaty of her to forgive him? - A. Nothing at all.

Q. Did not she say, give me the watches, and I will not prosecute you? - A. No; she did not say any thing of that kind.

THOMAS TRUEMAN sworn. - I had these watches of Miss Sophia Barnes, (produces them); I took the prisoner into custody; I have had the watches ever since.

Miss Barnes. These are the two watches that I lost.

Court. Q. What may they be worth? - A. Forty shillings each.

Mr. Alley. Q. Might not this poor fellow have, gone away at the time, only he stopped to ask your pardon? - A. No; I took care that he should not.

For the Prisoner.

WILLIAM SWAN sworn. - I am not subpoenaed; I know nothing of the prisoner, but was accidentally at Guildhall at the time of his examination, and the prosecutrix told me that he might have run away if he pleased, that she gave him leave to do; I never saw him till I saw him before the sitting Alderman.

The prisoner called five witnesses, who had known him from eight to sixteen years, and gave him an excellent character.

He was recommended to mercy by the Jury, on account of his good character.

GUILTY Death . (Aged 19.)

Tried by the second London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-36

519. THOMAS HOLDEN and JANE RAFTEY were indicted for that they, on the 20th of September , four pieces of milled money, made to the likeness of a good sixpence, not being cut in pieces, feloniously did put off to Joseph Broadhurst , at a lower rate and value than the same did import, and were counterfeited for, that is to say, for 14d. in monies numbered .

Second Count. For the like offence, varying the manner of charging it.(The indictment was opened by Mr. Cullen, and the case by Mr. Fielding).

JOSEPH BROADHURST sworn. - I went to the prisoner Holden's house, in George-court, Fleet-market, on the 11th of September last, between one and two o'clock, by order of the Magistrate of Worship-street, to buy some sixpences; when I went in, I saw both the prisoners, I asked Holden for some sixpences; he took four out of a paper,

and gave them to me; I asked him the price of them; he said, three pence halfpenny a piece; I gave him one shilling and six-pence, and he gave me four pence in change, (produces the four sixpences); I have had them ever since; on Tuesday morning, the 12th, I went again by the direction of the Magistrate, between eight and nine o'clock, Jane Raftey was in bed then; and on the Wednesday morning, I went again, the officers went with me as far as Fleet-market; I saw that some of the pannels of the door were split, and I knocked at the door; they asked who was there; I said, a friend; Jane Raftey let me in, Holden was in bed; she told me they had got no things, and so I came away, and told them I would call again in the evening; accordingly I did; I knocked at the door, and nobody answered; there was a light in the room, and just as I was coming away, Holden and Raftey, and another, came up the court, to go in doors, and I went in with them; they told me they had got nothing then; I believe it was her that said so, or both, I do not know; the officers were in Fleet-market, opposite the court, and when I had got in, they went in.

Cross-examined by Mr. Alley. Q. What business are you? - A. A carrier.

Q. Were you ever employed on a negociation of this sort before? - A.Never.

Q. You are not a soldier? - A. No.

Q. Were you ever at Mitcham fair? - A. No.

Q. Nor at the pony-races at Mitcham? - A. No; I do not know Mitcham.

Q. Have you been at any pony-races in the course of the summer, as a soldier? - A. I went with soldiers clothes on.

Q. Why did you go to that fair with soldier's clothes on? - A. To see the races.

Q. Were you taken up there for passing bad money? - A. No.

Q. For what purpose did you disguise yourself in soldier's attire? - A. I had a right to go in soldier's attire if I chose.

Q. How long is this ago? - A. I cannot tell, it was some time last year.

Q. How lately have you been at work? - A.Last Monday.

Q. Do you work in soldier's clothes? - A. No.

Q.Where did you get them? - A. I borrowed them that morning.

Q. To go to the pony races? - A. Yes.

Q. You say when you went to this house, you wished these poor people to sell you bad money? - A. I never bought bad money of them in my life but that time.

Q. There was nobody in the house but these two people? - A. There was another man in the house.

Q. Do you suppose he saw the transaction? - A. No, I cannot tell.

Q. I dare say you took care he should not see it? - A. I do not know.

Q. Will you swear that he saw it? - A. I cannot tell.

Q. Now at the time when the constable went along with you, nothing was sold to you? - A. No.

Q. You know if you had said they sold you any thing then, the lie would have been discovered by the officers? - A. I bought nothing then.

Q. Do these people pass as man and wife? - A. They formerly did for ought I know.

Q. And yet they are both indicted here; they lived together as man and wife, did not they? - A. Yes.

Q. You went twice afterwards, and got none? - A. Yes.

Q. You were asked who was there, and you, like Judas, told them you were a friend? - A. Yes.

Q. And like Judas, you came to prosecute them? - A. Yes.

Q. What are you to have for coming here to-day? - A. Nothing at all.

Q. You come for the good of the public, I suppose? - A. Yes.

Q. And for the good of the public, you went to the pony-races in soldier's clothes-have you a family of your own? - A. Yes.

Q. And you neglect attending to the duties of your family, to go about to entrap these poor people? - A. I was sent by the Magistrate.

JOHN CLARKE sworn. - Examined by Mr. Cullen. I went, in company with the other officers, to search the prisoner's house, with the last witness, who waited in Fleet-market; we had been in the morning, and he could not purchase; we went again in the evening, and he could not purchase; then Armstrong, Ray, Harper, and some other officers, went to search.

Q. What time in the evening was this? - A.Between seven and eight: when we entered the room, the man and the woman were sitting down, and another man in the house; Mr. Armstrong took hold of the man to search him, on the left hand side; I saw him putting his hand in his right hand pocket, and then I took hold of his right hand, and in his pocket I found a pair of gloves and a piece of cork, I also found upon him two bad sixpences and some halfpence; I searched the house, and in a chest of the woman's, I found some halfpence tied up in a stocking; and these that are in this handkerchief I found in the chest.

Q. How do you know it was her tea-chest? - A. She declared it to be her's, there was her apparel in it; and I found upon her person two bad sixpences and this skin of leather, (producing them).

Cross-examined by Mr. Alley. Q.These halfpence did not appear to be new, but such as you or I might have had about us? - A. Yes.

Q. And they are not done up in five-shilling-papers as the people always do them up, who deal in counterfeit-halfpence? - A. They are just as I had them.

Court. Q. Does any business appear to be carried on in this place? - A. No.

Prisoner. I am a shoe-maker by trade.

JOHN ARMSTRONG sworn. - On Thursday, the 13th of September, I went in company with Clark, Ray and Harper, and Broadhurst; we waited in Fleet-market till he returned, and then we went in company to the house; I searched the prisoner, and in his left hand waistcoat pocket, I believe, there were sixty-four counterfeit sixpences in this paper,(produces them): here are some more that I found in his coat pocket; in a corner cupboard I found forty-eight counterfeit shillings; I then moved a table that stood against the window, and there were three drawers that shut in under the window board, and under one of the drawers I found one hundred and sixteen shillings and ten half-crowns, (produces them); under another of the drawers there was another quantity of half-crowns that had not been coloured, and another quantity of sixpences by the drawers, finished all but colouring; in another paper I found a quantity that appear to be coloured, four dollars in the drawers at the back of those drawers, two sixpences and some shillings, and on the mantle-piece, this cannister, with cuttings and filings in it; the prisoners were secured, and taken to the Compter; when the woman was committed by the Lord-Mayor, she said, she sold the money, and not the man.

Mr. Alley. Q. Was not what was said to the Magistrate taken down in writing? - A. I cannot say.

Court. Q. Do you know that Broadhurst was employed by the Magistrate? - A. Yes; I was present at the time.(William Parker, a silversmith, proved the different parcels produced to be counterfeit).

Court. (To Broadhurst). Q.How long had you been acquainted with these people before you made the purchase? - A. About two months.

Holden left his defence to his Counsel.

The prisoners called Edward Lawler , who had known them two years, gave them a good character, and deposed that they lived together as man and wife.

Holden, GUILTY .

Imprisoned one year in Newgate , and fined 50l .

Raftey, NOT GUILTY .

Tried by the first London Jury, before The LORD CHIEF BARON.

Reference Number: t17970920-37

520. JOHN BAKER was indicted for feloniously stealing, on the 7th of September , twenty-three pounds of raw sugar, value 10s. the property of persons unknown.

There being no evidence to bring the charge home to the prisoner, he was ACQUITTED .

Tried by the first London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-38

521. SARAH LENORE was indicted for feloniously stealing, on the 31st of August , a pair of linen sheets, value 2s. a cotton counterpane, value 1s. a flat iron, value 9d. a tin saucepan, value 6d. and a tin boiler, value 6d. the property of William Tillier , in a lodging room let by contract by him to the said Sarah.

ELIZABETH TILLIER sworn. - I am the wife of William Tillier , I live in Field-lane , I keep a chandler's-shop, and let ready furnished lodgings by the week: I let a garret to the prisoner on a Saturday, I cannot tell the day of the month, with bed and bedding in it, at two shillings a week, it was in August, I believe the 19th; she was there, I believe, twelve days, I had a suspicion of her; I went up stairs, and asked admittance; I told her I would send for an officer if she did not let me in, and then she let me in, and I missed the things mentioned in the indictment; she confessed she had taken them, and that they were at her sister's, and she would let me have them in the morning.

Q. Did you say any thing to her to induce her to tell you she had taken them? - A. No; she said she had taken them out of the room for distress, and I should have them the next day if I would wait till then.

Q. Did you tell her it would be better for her to confess? - A. No; it was entirely a voluntary confession; the constable found some duplicates upon her which produced the sheets and the flat iron.

Q. Had you a character with her? - A. No; I was very busy and could not go till after she had come in, and then I thought I would make trial of her; for they seldom send where they get a bad character.

JOHN JACKSON sworn. - I am a constable of St. Andrew's Holborn: I was upon duty on Thursday the 31st of August, in the watch-house; the prisoner was brought to the watch-house, and I searched her, I found upon her this pocket-book, with a great many duplicates, and three of them of things belonging to this woman, (produces them); she was taken the next day before Sir William Plomer.

JOHN SCADWICK sworn. - I am a pawnbroker, servant to Mr. Cordy, (produces two sheets); I took them in of the prisoner; I am sure she is the woman.

THOMAS WELLS Sworn. - I am a pawnbroker in Turnmill-street, Clerkenwell: I took in this flat-iron of the prisoner at the bar. (The property was deposed to by the prosecutrix).

Prisoner's defence. It was mere distress that drove me to pledge them; I did not intend to leave my lodgings, and I should have got them out again on the Saturday night.

GUILTY .

Fined 6d. and discharged.

Tried by the first London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-39

522. ROBERT SKAY was indicted for that he, on the 3d. of July , five pieces of milled money, made and counterfeited to the likeness of a good half-guinea, the same not being cut in pieces, feloniously did put off to John Webb , at a lower rate and value than the same, by their denomination, did import, and were counterfeited for, that is to say, for 17s. 6d.

Second Court. Charging him with a like offence, only varying the manner of charging it.(The indictment was opened by Mr. Cullen, and the case by Mr. Fielding.)

JOHN WEBB sworn. - Examined by Mr. Cullen. I am a porter, at Gerrard's-hall-Inn, Basing-lane, and an officer besides.

Q. Did you know the prisoner? - A. Yes, very well; I went, according to Mr. Newman's orders at the Mansion-house, between nine and ten o'clock, to his house, the Half-moon public-house, Duke-street, Smithfield; I asked him if one Kilby was there; he told me, no; says he, I know what you want; says I, how do you know what I want; says he, what do you want then; I said to him, I want a guineas worth of dollars; I said, how many are there for a guinea; he told me there should not be but seven, but he would let me have eight; accordingly I had eight, I paid him a one pound note, and one shilling, for them; after I had paid him for them, he asked me if I wanted any yellows; I asked him, what yellows were; he told me they were half-guineas; I asked him what they were a piece; he told me three shillings and sixpence; I asked him if he could not take three shillings; he said, no, he would not abate a farthing; I gave him a one pound note, and he gave me half-a-crown out of it, and five half-guineas; then he says to me, d-n you, Jack, if I had known your temper I would have put three hundred pounds in your pocket in less than three months; says I, how would you do it; says he, I will fetch you something, and shew you; he fetched me down a five pound note of the Bristol Bank; says he, here is something worth two of the other; says I, I do not want any thing of that kind at present, but if I do, I will call upon you, (produces the half-guinea); I immediately went to Mr. Newman at the Mansion-house; we were going that night, but Mr. Newman sent word not to go till I got the note; next day I went with Mr. Hollier to the prisoner's house, and found five dollars in a pint pot, in his bar.

Q. Did you take any particular notice of the Bank-note before you gave it him? - A. No.

Cross-examined by Mr. Alley. Q. What are you? - A. A. porter at an inn.

Q. Did you know the prisoner before? - A. Yes.

Q. Were you intimate with him? - A. No.

Q. Upon your oath, did you ever converse with him before? - A.Nothing to signify; no more than to have a pint of beer with him.

Q. What time of day was it you went to his house the first time? - A.Between nine and ten in morning.

Q. What time did you buy these half-guineas? - A.Between two and three on Monday the 3d of July.

Q. Was there any body there at the time but yourself? - A. Several people in the house.

Q. Was any body by at the time? - A. I bought them at the bar.

Q. Publicly in the tap-room? - A. No.

Q. Does not the bar adjoin the tap-room? - A. I do not think I am obliged to answer you.

Q. We will see whether you are or not. - Does it not adjoin the tap-room? - A. It is just as you go in.

Q. Did you converse with any body that was there? - A. No.

Q. Did you tell any body there how cheap they could buy half-guineas? - A. No.

Q. Have you ever had a negociation of this sort before? - A. No.

Q. This man was a stranger to you, and you would have us believe, that in his public tap-room he sold you these five half-guineas at three shillings and sixpence? - A. Yes.

Q.Was there any body in the bar but you? - A. No.

Q. No servants? - A. No.

Q.What do you get for coming here to-day? - A. Not so much as you do for talking.

Q. No, God forbid you should, if you did no man's life would be safe. - Upon your oath, are you not to be paid by the Solicitor of the Mint if this man is convicted? - A. I believe not.

Q. Do not you know that a man is liable to be prosecuted that buys half-guineas in this way? - A. No; I do not know that he is.

Court. Q. I understand you, that Mr. Newman, the Lord-Mayor's clerk, sent you there first? - A. Yes.

- HOLLIER sworn. - Examined by Mr. Fielding. On the 4th of July, my Lord Mayor issued a warrant, which was put into my hands, and Mr. Clark's, in consequence of an information from John Webb , the man who has been examined, to search the house of Skay, the Half-moon, in Duke-street; Mr. Clark went to the back door, and I to the front door; when we got in, we proceeded to search, and, up three pair of stairs, of Mrs. Skay, the wife of the prisoner, I obtained the key of that room, which she said was her bedmom, and in searching the drawers of a glass, upon a sort of dressing-table, in that room I found five one pound Bank-notes, one of which, I believe, upon examination, will be identified by some other persons; I found five guineas, and two half-guineas, in gold, which were good, and which, by the Lord-Mayor's order, were delivered up to the prosecutor, and this little box which has a duplicate, and which is of no consequence, I found a large paper containing bad halfpence.

Q. Did you find any counterfeit money about the premises? - A. These halfpence done up in five shilling papers; I thought there might be something attached to it, as there was a cross marked upon each paper of which I did not understand the meaning; I found in the till, in the bar, a number of bad farthings, and a number of bad halfpence loose, to the amount of five, six or seven shillings, and a little scale box, containing a number of very bad sixpences and shillings, (produces them); I also found these four bad shillings.

Cross-examined by Mr. Alley. Q. You did not find any half-guineas upon him? - A. No.

Q. He had had the misfortune to take some bad halfpence, and you found some in the till? - A. Yes.

Q. That may happen to be the case with many tradesmen? - A. Yes.

Q. They pay their brewers frequently with halfpence, and five shillings is handy you know? - A. Yes.

STEPHEN CLARK sworn. - Examined by Mr. Fielding. I went with Mr. Hollier to search Skay's house; I placed the constables so as to guard every avenue to the house; I examined the bar first, and there, in this pint pot, upon a shelf in the bar, were five dollars, they have been in my custody ever since. (Produces them).

JOHN CLARK sworn. - I went with Mr. Hollier and Mr. Clark to Skay's; I assisted in searching the bar; I was then directed to search him, which I did, I found in his right-hand breeches. pocket, this half-guinea, three sixpences, a button, and a farthing.

Q. Is it a counterfeit half-guinea in your opinion? - A.It is; I then searched his left-hand hand pocket, in which I found this dollar, and these two knives.

Q. Is it a bad dollar? - A. I rather think so, I am not certain.

Cross-examined by Mr. Alley. Q. This half-guinea appears to be a half-guinea that has been used, and in circulation, and not ready for circulation? - A. I cannot say.

Q. It is in that state that you would not have taken it, I suppose? - A. No, I should not.

Mr. Fielding. (To Webb.) Q. Do you know either of these Bank-notes? - A. Yes; this is the note that I paid him for the five pound Bank-note.

The prisoner left his defence to his Counsel.

The prisoner called four witness who gave him a good character.

GUILTY , (Aged 50.)

Imprisoned one year in Newgate , and fined 201.

Tried by the first London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-40

523. MICHAEL RANKIN was indicted for feloniously stealing, on the 16th of September, a pound weight of opium, value 23s. the property of James Graham .

JAMES GRAHAM sworn. - I am a druggist , No. 35. Leadenhall-street ; the prisoner was my porter , he did not live in the house, he was at work upon weekly wages: On Saturday last, I employed a man to pick some hay-bands for me; I gave him directions to clear away some straw, and separate it, in doing of which, he discovered a small parcel, which I immediately looked at, and found to be opium, and as it appeared to me to be hid there, for the purpose of being stolen, I gave him directions to watch it, and to see who should come to take it away.

Q. You do not know of your own knowledge, who took it? - A. No.

JOHN KINSEY sworn. - I went by the order of Mr. Graham, to pick some hay-bands, in doing of which, I found a small parcel, which I gave to Mr. Graham, he opened it, and seeing the contents, he placed it as it was before; Mr. Graham desired me to take notice if any one carried it away, but not to speak to any body; in about ten minutes, the prisoner came up, under pretence of searching for a knife, which he said he had dropped a few days before; I perceived him put his hand towards his pocket; in a few minutes afterwards he went down stairs; immediately after for my own curiosity, I turned up the straw to see if the opium remained there or not, and found it was gone, and according to Mr. Graham's directions, I staid there till he came, and I informed him that the prisoner had been there; Mr. Graham did not know, I believe, at the time, where the man's re

sidence was, and his warehouseman, who had the only knowledge of it, was gone over the water; I waited there with Mr. Graham and the constable, till the prisoner returned; Mr. Graham and I went with the constable to his lodgings, and in searching his wife, he found it in her pocket; the prisoner had told me, that it was in a drawer in his apartments, but when we had searched and could not find it, we searched the woman.

Q. How long had this man lived with you? - A. Upwards of twelve months.

Q. How did he behave? - A. He behaved in general well, but a great number of thefts have been committed in the house since he came to it.(Abraham Bone, the constable, produced the opium, which was deposed to by Mr. Graham).

Prisoner's defence. My wife has been very ill for a long time; I took it home, with intention to take a little bit of it for her, intending to take the rest back again.

GUILTY (Aged 33.)

Transported for seven years .

Tried by the first London Jury. before Mr. COMMON SERJEANT.

Reference Number: t17970920-41

524. WILLIAM DEAN was indicted for feloniously stealing, on the 6th of September , a silver watch, value 40s. four muslin neck handkerchiefs, value 2s. two linen shirts, value 5s. a cotton pocket handkerchief, value 6d. a pair of worsted stockings. value 4d. a pair of corderoy breeches, value 10s. a toilinet waistcoat, value 8s. and a man's hat, value 5s. the property of John Farrant ; a pair of men's leather shoes, value 12d. the property of Edward Bright , in the dwelling-house of John Maddocks .

EDWARD BRIGHT sworn. - I live at Hendon; I am a gardener : The prisoner lodges at Hendon , in the same room with John Farrant , in the house of John Maddocks ; I lost a pair of buckles and a pair of shoes last Wednesday was a week, in the morning, I had seen them on Tuesday night, in the kitchen; I saw them the same day that I lost them, on William Dean 's feet.( Robert Cooper , a constable of union-Hall, produced a pair of shoes and buckles, which were deposed to by Bright).

JOHN FARRANT sworn. - The prisoner lodged in the same room with me, he is a gardener; I accidentally met with him in Kent-street, with the shoes and buckles upon his feet, about four hours after Bright missed his property.

Q. Do you know whose they were? - A. I do not know any further than when Bright came in, he said, they were his; he was with me in pursuit of the prisoner.

Q. What time in the morning did the prisoner go out? - A. I cannot say, I was asleep; I awoke about half after five o'clock.

Court. (To Bright). Q. How came you to go to Kent-street? - A. We went in pursuit of him.

Q. Did you ever hear of his being there before? - A. Yes.

The prisoner did not say any thing in his defence.

GUILTY of stealing, value 10d. (Aged 37).

Transported for seven years .

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

Reference Number: t17970920-42

525. DAVID BELASCO was indicted for feloniously stealing, on the 10th of August , a red morocco pocket-book, value 6s. and a Sherborne Bank-note, value 5l. 5s. the property of John Dyer .

JOHN DYER sworn - On the 10th of August I lost a morocco pocket-book, with a five-guinea Sherborne note in it, as I was talking to a friend upon Tower-hill , between five and six o'clock in the afternoon; my friend, Mr. Chamberlayne, seeing the prisoner pass me, desired me to take care of my pocket-book; I put my hand in my pocket, and missed it; I saw it in a minute or two after it had fell behind the prisoner's back; I am positive he is the man; I did not see him drop it, but came up as soon as he had dropped it; I picked up the pocket-book, and put it in my pocket; I called out, stop thief, and a person upon Tower-hill laid hold of him, and brought him to a friend's house upon Tower-hill, Mr. Cummings's; he went down upon his knees, and said, he would never be guilty of an offence again, if I would forgive him this offence; and I took him before a Justice.

Cross-examined by Mr. Alley. Q. The prisoner fell upon his knees and asked pardon, that was. of course, after you had been threatening to send him before the Lord-Mayor? - A. Yes.

Q. Did he not say, he hoped you would let him go, for he was not in the habit of bad practices? - A. Yes.

Q. I believe there was a famous doctor shewing his cleverness upon Tower-hill? - A. Yes.

Q.Doctor Bossy? - A. Yes.

Q. The prisoner was in that crowd? - A. Yes.

Q. Was there not another man in the crowd that ran away at the time? - A. Yes.

Q. And that other man has never since been heard of? - A. No.

ISAAC CHAMBERLAYNE sworn - I was talking with Mr. Dyer upon Tower-hill, and while we were talking together, I saw over his shoulder two men juggling together, just behind me; I turned round to Mr. Dyer, says I, look if you have got your pocket-book; he searched his pocket, and

missed it; says I, then these two rascals here have got it, you may depend upon it; I caught hold of one of them, and Mr. Dyer caught hold of the other; and while I had hold of the man's arm, I saw the prisoner drop the pocket-book from under his coat; Mr. Dyer picked it up; the prisoner got from him, and ran away; the man that I had hold of got away from me entirely, and the prisoner was pursued and brought back, and carried to Mr. Cummings's and he went down upon his knees, and begged Mr. Dyer to forgive him, that it was his first offence.

Q. Are you quite sure, that in this little struggle between Mr. Dyer and him, it might not have sell from Mr. Dyer? - A. No; I saw it fall from under his coat.

Cross-examined by Mr. Alley. Q. There was a great crowd at this time? - A. Yes.

Q. You were looking at Dr. Bossy, I suppose? - A. No, we were twenty yards from them.

Q. What distance might the prisoner be when you apprehended him, from where you were standing with Mr. Dyer? - A. Mr. Dyer caught hold of him upon the spot.

DAVID WATSON sworn. - I was passing over Tower-hill at the time this happened; when the prosecutor charged the prisoner with taking his pocket-book, I saw the pocket-book fall from under his coat immediately.

Q. Were there many people by? - A. Yes, a great many at a little distance.

Q. How near? - A.Perhaps twenty yards.

Q. Are you quite clear it sell from the prisoner? - A. Yes, I am; I pursued him, and helped to conduct him to the officers.

CHARLES GRAHAM sworn. - I was coming across Tower-hill; I heard a cry of stop thief; and the last witness knowing me to be an officer, gave me charge of the prisoner; that is all I know of it.

The prisoner did not say any thing in his defence.

For the Prisoner.

SAMUEL COHEN sworn. - I am a taylor; I have known the prisoner fourteen years; I never heard any thing amiss of him before.

A gentleman from Morocco, (attired in the habit of that country), deposed, that he had known him five years; that he went a voyage with him to Gibraltar; that he had entrusted him with various sums of money, and always found him very honest.

GUILTY of stealing, value 10d. (Aged 20.)

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

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17970920-43

526. LETITIA BAKER was indicted for feloniously stealing, on the 26th of August , a tin box, value 1d. a shilling, two sixpences, and three dollars , the property of Christopher Prior .

CHRISTOPHER PRIOR sworn. - I was quartered at the Queen's-head, in St. Martin's-lane: On the 26th of August, I was coming from Shadwell; I have a wife and four children; as I was going from my quarters to shadwell, I met the prisoner and another woman between the New Church and St. Clement's Church, in the Strand; the prisoner took hold of me by my knapsack strap, and pulled me round, and told me her sister and her had but one penny in the world; they asked me if I would make it up a quartern of gin; I told her I thought she had had gin enough; I told her I should not mind giving her a quartern of gin, but I thought there was no house open to get it at; and she told me, at the watering-house, the corner of St. Clement's-lane , she could get it; I went in, and stood at the bar where they serve the liquor; the prisoner called for a quartern of liquor; I pulled my box out of my pocket, which contained my money, to take sixpence out of it; it was a little round tin box, there were three dollars laid at the top, and I was obliged to take them out into my hand to get at the sixpence; I received three-pence in change out of the sixpence, and I put the dollars into the box, and put it in my left hand coat pocket; then I came out to come home; the prisoner laid hold of me, and wanted me to go to some place of abode with her; I told her I had no occasion, and to be content with what she had, I had got a wife and family of my own at home; while I was speaking to her, I felt her hand going out of my left hand coat pocket, and heard the dollars fall from one side of the box to the other; I griped hold of her arm with the box in it; she immediately handed the box out of her own hand into the person's hand that she called her sister, and she ran away immediately; I was a great mind to let this one go, to run after the other, but I thought if I did, I should lose them both; after she was gone she told me she took the money out of a joke, and would have given it me again, if the other had not ran away with it; I asked her if she knew where to find her, as she called her her sister, and she replied, she knew nothing at all about her, she was quite a stranger to her; I called the watchman, and delivered her up.

Q. What time of night was this? - A. Between twelve and one in the morning.

Q. Did you see the box in her hand? - A. Yes, and very near got it out of her hand, only the other was rather too nimble for me.

Q. Where had you been that day? - A. I had been upon the Queen's guard that day, and then I

had to go round from public-house to public-house till between ten and eleven.

Q. Were you perfectly sober? - A. As sober as I am now; she asked me to have part of the gin, and I would not, for I told her I wanted to go home to my wife and family.

Prisoner's defence. I met this man and another woman, and they asked me to drink with them, and I took a glass of liquor with them, and wished them good night, and then he came and charged me with taking his money; I went with him very readily; I had no money at all about me.

GUILTY (Aged 24.)

Transported for seven years .

Tried by the first Middlesex Jury before The LORD CHIEF BARON.

Reference Number: t17970920-44

527. THOMAS GLADWELL and THOMAS YATES were indicted for feloniously stealing, on the 12th of July , a gold watch, value 10l. a gold watch-key, value 2s. and a cotton handkerchief, value 1s. the property of Robert Morse , Esq. in the dwelling-house of Alexander Osbaldiston .(The case was opened by Mr. Raine.)

ROBERT MORSE , esq. sworn. - Examined by Mr. Raine. I reside in the house of Mr. Alexander Osbaldiston, in New Bond-street; I am a barrister , and have practised in the East-Indies: On Wednesday, the 12th of July last, I left my lodgings about five o'clock in the afternoon; I looked at my watch, which was on the mantlepiece, to see what time it was, and lest it there, in the presence of the prisoner, Yates, who was my servant; it was a gold repeating-watch, with a gold key, and a ribbon, the key had a steel pipe to wind it up with; I also lest at home a coloured calico handkerchief, which was always left upon the couch; I returned home about twelve o'clock the same night, and missed my watch; I said to the servant, Thomas Yates, what is become to the watch? he said, he did not know any thing about it; he began searching about the room; I went to bed, and I told him I should enquire farther about it in the morning; this was on a Wednesday; the next morning I began enquiring again of Yates about the watch; he was perfectly at a loss what had become of it, but said, he had had two friends to drink tea with him, and that probably they had hid the watch out of a joke to frighten him; he went out, and brought to me the prisoner Gladwell, and another person of the name of Henry White; they acknowledged they had drank tea in the room the preceding evening, but denied having taken the watch of the handkerchief; I told them to call upon me the next day; White said, he was a housekeeper, and a man of great good character, and how unlikely it was that he should take the watch; Gladwell said, he had often been in the apartment to drink tea, had seen the watch many times, that he knew my servant a great number of years, that he had lived with many respectable persons whom I knew, and whom he named, and protested that he had not taken the watch; the next day, which was on a Friday, they returned, but I had not made the necessary enquiries, and nothing more passed that day; the next day I took Yates with me; having had the good fortune to meet with my friend, Mr. Tolfrey, guided by his advice, I took Yates with me before Mr. Justice Bond, at his dwelling in Sloane street, he being at that time ill; he examined Yates, sent an officer to search his boxes, and he was committed to Tothill-fields Bridewell; there was nothing found relative to this enquiry; on the Saturday evening. at Bow-street, I obtained a warrant against Gladwell and White, and on the Sunday morning I went with two officers, Beresford and Donaldson, first to Gladwell's lodgings, at Hartnell's, a butcher, in St. George's-fields; he was taken into custody, and carried to Clerkenwell Bridewell; I then went with the same officers to the dwelling-house of White, in South-street, Manchester-square, and he was taken into custody, but we found nothing at either place relative to this enquiry; on the Tuesday following, the first examination took place, when White was discharged, and the two prisoners committed.

Cross-examined by Mr. Knowlys. Q. You lodge with a person of the name of Osbaldiston? - A. Yes.

Q. You are not, I suppose, intimate with him? - A. No.

Q.Whether he has any partner, you do not know? - A. I do not.

Q.You cannot, I suppose, even venture to swear to his Christian name? - A. He signs his receipts Alexander Osbaldiston.

HENRY WHITE sworn. - I am a peace-officer for Mary-le-bonne parish; I let furnished lodgings, and live in South-street, Manchester-square; I have known the prisoner Gladwell nine or ten years, but have had no intimacy with him till within these three years: On Wednesday, the 12th of July, he called upon me between two and three o'clock; I made an appointment to call upon him the next morning to go into the City with him; he stopped till between six and seven; he asked me to go with him to drink tea with Yates, at Mr. Morse's; he said, you know Yates is a very particular fellow, and he will be offended if I do not go, and I will not go without you; I had known Yates fourteen years; we went together; the maid-servant opened the door; Gladwell was going up stairs; I said,

where are you going, I will not go up stairs; upon which Yates said, the maids are washing below, and we shall interrupt them; we then went up stairs; the first thing that took my attention was a painting of a dancer upon the top of a harpsichord; from there I saw a watch lying upon the chimney-piece at the other end of the room; some time after, Yates went down to get the tea, upon which Gladwell said, let us go and look at Mr. Morse's bed-room; we went into the bed-room; Gladwell said, let us wash our hands in Mr. Morse's bason; he washed his hands, and I washed mine; there was a pot of pomatum stood upon the chimney-piece in the bed-room, which Gladwell looked at; when I had washed my hands, I went out into the front room; when I returned into the front room, Gladwell was there; we drank tea, and left Mr. Morse's lodgings between seven and eight; we might have been there about an hour, or an hour and a half; I called upon Gladwell the next morning at Hartnell's, in St. George's-fields, at about a quarter after nine; when I went in, he was dressing his hair, and was using the pot of pomatum that I had seen in Mr. Morse's bed-room; I said, that was Mr. Morse's pomataum; he said, it was; I said, how could he take it; he said, Yates could manage that with Mr. Morse; a short time after, he went down stairs, and returned with Yates with him; when they came into the room, Gladwell said, here is a pretty piece of news Yates brings, Mr. Morse's watch is missing off his chimney-piece; Yates said, yes, my master placed it on the chimney-piece when he went out to dinner, and when he came home it was missing; Gladwell said, how does your master know the watch was there; Yates said, he always winds it up when he goes to bed, and he placed it there when he went out; Gladwell then said, is Mr. Morse sure the watch was there; upon which I made answer and said, that the watch was certainly there, for I had seen it there; upon which Gladwell said, you saw the watch there, are you sure you saw the watch there? why, says I, I think I am sure I saw the watch there; you think you saw it, says Gladwell; if you are not sure, you should not say any thing about it; I said, I don't know that I am going to say any thing about it, because I hope it will be found, but it I am to say any thing about it, I certainly saw a watch there, upon which I told him, I should not go into the City, I should go to Mr. Morse; Yates said, his master was determined to find out his watch; he said, Mr. Morse is out, but I dare say he will be at home by the time you get there; I said, at all events, whether he is at house or not, I will go; Gladwell said, he would go too; certainly, says I, it is very necessary; upon which we all three set out to go to Mr. Morse's; he was out; we waited till he returned; I proposed to Mr. Morse to go immediately before a Magistrate; Mr. Morse said, he could not go at that time; I gave Mr. Morse my address, and told him who I was, that I should be ready to come forward at any time, and Gladwell gave him his address; after that, Gladwell and I went into the City; upon our return, we talked a great deal about it; Gladwell asked me why I made myself so uneasy about it, what did it signify, they could not say we took the watch, the apartments are open to a great many besides us, they are open to every body in the house; I said, an imputation of that sort was enough to make me uneasy; he said, what does it signify, what can they do? I said, they can do a great deal, they can take us both up; what then, says he, we must be discharged, there is no proof against us; says I, they can do more than that, they can go into my house and search it, turn all that is in it upside down, and your lodgings likewise; says he, they cannot break our locks; yes, says I, they can; what, when we are not there? yes, says I, equally as much as if we were there; upon that, there was a complete change in his countenance, and so there was for the whole night; we dined together at my house upon bacon and cabbage; we were engaged to go that evening to Vauxhall, and there was an unusual dullness upon him all night; I parted with him about one in the morning, and the next morning he met me at Mr. Morse's lodgings, when he appeared very chearful.

Cross-examined by Mr. Knowlys. Q. You had known Yates longer than you had known Gladwell? - A. Yes; about fourteen years.

Q. You have called on Yates often? - A. I have.

Q. And received money of him for Gladwell? - A. Yes.

Q. And the money is not paid to Gladwell yet? - A. There is a part of the money paid to him.

Court. Q. Have you paid him all that you have received? - A. No.

Mr. Knowlys. Q. Gladwell went to Morse's lodgings to meet the charge as often as you did? - A.Exactly.

Q. And from the time he was taken up, to the present hour, he has not been at large? - A. Not that I know of.

Q. Then when he had left his lodgings, and was in custody, there was nobody to answer for him except the master of the house? - A. No.

Q.Therefore, no person who called there would be likely to see him? - A. No.

Q. Then I dare say you never took the trouble to call at his lodgings? - A. No; I never did; I called on Mr. Hartnell there; the day after the first

examination, Mr. Morse requested of me to make enquiries about the neighbourhood for the watch; as I went past, I saw Hartnell in his shop, his wife and his aunt were there; I never called at any other time.

Q. There is a private door, is there not? - A. Yes.

Q. You were not near his lodging? - A. No nearer than the butcher's parlour.

Q. Did not you go past his coal-hole? - A. No.

Q. Do you know where the coal hole is? - A. I do not.

Q. Where did he go for coals in the winter, when he wanted them, when you have been there? - A. How is it possible I should know when I was up stairs with him.

Q. You used frequently to visit him? - A. I used to go upon his business, it was to oblige him.

Q. You obliged him by keeping back his money? - A. No such thing, it is ready whenever it is demanded, he has got my note for it.

Q. Do you follow any business whatever? - A. Yes; I am employed a great deal in my lodgings; my wife is a ladies' hair-dresser, and very much out; I attend sales frequently, and buy different articles, and sell them again.

Q. Do you know a person of the name of Follett? - A. Yes; I have kicked him out of my house between two and three in the morning.

ROBERT HARTNELL sworn - I am a butcher, in Marshall-street, Prospect-place, St. George's fields; the prisoner, Gladwell, has lodged with me two years: Last Thursday was a week, the 14th of this month, having a great deal of vermin about my house, a sirloin of beef had been destroyed by rats, and bearing a parcel of rats in the coal house, I took my dog into the coal-house, I had a candle in my hand, and saw a handkerchief with something glittering in it; I took it up, and found it to be a gold watch.

Q. Did Gladwell keep his coals in that place? - A. Yes.

Court. Q. Was any thing kept there besides? - A. Yes; a pot or two, or any thing we wanted to put in; there was no lock upon the door, but I have not put any thing in these three months,(produces the watch and the handkerchief); the next morning I sent to Mr. Morse about it; the watch seemed to have lain sometime in the handkerchief; there was a mouldy or rusty appearance upon the handkerchief.

Cross-examined by Mr. Knowlys. Q. How far is the coal-hole from the private door? - A. About three yards, I suppose; it is under the stairs.

Q. Did not White frequently call upon Gladwell, and come in at the private door? - A. Yes; his bell was at that door.

Q. Therefore a man that called often, would know where the coal-hole was? - A. I should think so; he used to call once or twice a week sometimes.

Q. Did White ever call at your house after Gladwell was taken into custody? - A. Yes; the Wednesday after, I was standing in the shop as he was going by, and I asked him to walk in and sit down.

Q. You had not your eye upon him all the time, I suppose? - A. No.

Q. When he came in, was there any thing to prevent his going to Gladwell's lodgings? - A. No.

Mr. Raine. Q. Who was there at the time besides? - A. My wife and my aunt, my aunt is in her eighty-second year.

Mr. Knowlys. Q. What character does the prisoner bear? - A. I never knew but he was a very honest man.

Mr. Morse. This is my watch and handkerchief, the handkerchief has my mark upon it.

ELIZABETH TASKER sworn. - I live with my nephew, Mr. Hartnell: Henry White called at our house, he came through the shop into the parlour; I was in the parlour all the time, till Mr. Hartnell went out, and Mr. White followed him.

Yates was not put upon his defence.

Gladwell's defence. The morning after the watch was lost, White called upon me and breakfasted with me; I went out upon business, and left Mr. White in my apartments; when I came back, Yates was come to tell me of the loss of the watch; I went up and told White of it; I asked Yates if he was sure of it, and he said, yes, he was sure of it; I asked him if he had looked about the room, and he said, yes; I told him, I would go directly with him to Mr. Morse's; I went and dined with Mr. White, and we went to Vauxhall; I went to Mr. Morse the next morning, and told him I was ready to come forward at any time.

For the Prisoners.

BENJAMIN FOLLET sworn - Examined by Mr. Knowlys. - I live in Great Pye-street, Westminster; I am a writing-master.

Q. Do you know Henry White? - A. Yes, very well; I knew him first of all about twelve years ago; I have known very little of him these three years.

Q. From what you know of him, would you believe him upon his oath? - A. I would not take his oath, nor his word, nor his bond, for a penny.

Cross-examined by Mr. Raine. Q. Have you never had any quarrel with White? - A.Not a word.

Q.Then he never turned you out of doors of course? - A. No.

Q. Upon your oath, did he never turn you out of his house? - A. No.

Court. Q. Did he never kick you out? - A. No.

Mr. Raine. Q. Will you swear you never had any misunderstanding? - A. No misunderstanding particularly; I knew his character so well, that I have known very little of him lately.

Court. (To White). Q. Did you ever kick him down stairs? - A. No; I turned him out of my house between two and three o'clock in the morning.

Follett. He did not turn me out, he opened the door and let me out; he had me at his house to write an inventory of his goods to the amount of 334l. and he told me I had not put down the linen or the plate; now I should like to know where he got money to buy all those things.

Mr. Raine. (To White). Q. Upon your oath, did you or not turn this man out of your house? - A. I did.

Q. Why did you turn him out? - A. Because he staid in my house at an improper hour; I had been in bed some time; I heard my children crying; I got up to see what was the matter; I went into the room to see if the servant was there, and she was not; I went down and found her below stairs with Follett; I told her to go to bed; I went down again about an hour and an half after that, and found them together; I told her again to go to bed; and between two and three o'clock in the morning, I went down again, and found her with him; I had no patience with him any longer, and I gave him a kick, and thrust him out of the house.

Court. Q. Had you ever had any quarrel with him? - A. Not previous to that.

Mr. Knowlys. (To Follet). Q. Upon the oath you have taken, did White ever assault you, or turn you out of his house? - A. No, he never did; he says it was between two and three o'clock in the morning, it was not ten o'clock; he stood in the passage with his arm out, it was in the dark, and I ran against his arm, he did not turn me out.

White. What he speaks of, was on a Sunday evening; my wife and I had spent the evening out; I went in in the dark, and wondered what was going forward; I heard somebody creeping up stairs, and he ran against me.

Court. (To Follett). Q. Do you remember this other business,sitting up with the nursery-maid? - A. Yes; I sat up, that was no harm.

Q. Was that the night that you were turned out? - A. No, it was before that.

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

Both NOT GUILTY .

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

Reference Number: t17970920-45

528. THOMAS YATES was again indicted for feloniously stealing, on the 12th of July , a pair of leather breeches, value 7s. three Marcella waistcoats, value 9s. seven calico shirts, value 28s. twenty-three muslin half handkerchiefs, value 23s. six muslin neckcloths, value 6s. two cambrick neckcloths, value 2s. a pair of silk hose, value 4s. a pair of silver shoe-buckles, value 7s. and a cloth coat, value 12s. the property of Robert Morse , Esq.

(The case was opened by Mr. Knapp).

ROBERT MORSE , Esq. sworn - Examined by Mr. Knapp. - In July last, I had lodgings in New Bond-street , at the house of Mr. Osbaldiston; the prisoner was my servant ; In consequence of some information that I received, the prisoner was apprehended: On the 15th of July last, I searched, and found the property described in the indictment to be missing; the greatest part of it was placed under my own lock and key, in a chest up stairs, perfectly out of the prisoner's custody; the prisoner was searched, and some duplicates found upon him, by which the property was traced; he had lived with me four years and a half; they have been in the hands of the pawnbroker ever since.

JOHN DOBREE sworn. - I am a pawnbroker, servant to Mary Rochfort, in Jermyn-street; I took in a coat, on the 12th of July, for eighteen shillings, of the prisoner; to the best of my knowledge he is the man, (produces it); I had never seen him before.

JOHN MERVIN sworn. - I am shopman to Mr. Hill, the corner of Lower John-street, Golden-square; The prisoner has been in the habit of dealing with me very frequently, (Produces the property and thirteen duplicates); I took these things in of the prisoner, at different times for two or three years; I understood from him that he was doing as many servants do till their wages become due, he pledged his own clothes.

HENRY EDWARDS sworn. - I am a patrol belonging to Bow-street: I searched the prisoner, on the 15th of July, at Mr. Bond's own apartments; I found a small key in his pocket, and upon going to his lodgings with him, in the kitchen, I saw a tea-caddie, which he said was his; this small key opened it, and I found in it a great number of duplicates, there are seventeen of them; four of them are of his own property.

Mervin. These are all of them our duplicates, and they correspond with those which I have produced.

Mr. Morse. I can swear positively to all these articles, except the three waistcoats, because they have my mark; the waistcoats I believe to be mine, but am not positive.

Prisoner's defence. I had occasion for a little money; I parted with these things with no other design than to redeem them when I took my wages, which would have been on the 27th of July; I had

to receive 20l. Mr. Morse never fulfilled his engagement with me; he was to settle with me every Monday, and he has let bills run up to 11l.

Jury to Mervin. Q. Did he ever redeem any articles? - A. Yes; these six half handkerchiefs were pledged with me a twelvemonth ago, and he afterwards redeemed them.

GUILTY (Aged 37.)

Transported for seven years .

Tried by the first Middlesex jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-46

529. BENJAMIN HAYNES was indicted for feloniously stealing, on the 29th of August , seven pounds weight of raw sugar, value 4s. the property of James Wild , John Watts , and John Boddy .

Second Count. Laying it to be the property of persons unknown.

WILLIAM WILD sworn. - I am servant to James Wild , John Watts , and John Boddy , wholesale grocers and tea-dealers , No. 106, Upper Thames-street : On the 29th of August, about seven in the evening, I came home, and enquired if all the porters were gone; I found they were all gone but one, which was the prisoner; I heard a little noise in the warehouse, and I went to see what it was; I found the prisoner at the bar a little in liquor; I asked him what he was about, and he said he was untying his apron; I told him not to go out just then, as Mr. Watts and Mr. Boddy were standing where he was to pass; he had been a very good servant, and being in liquor, I thought they would discharge him for it; I told him I would untie his apron, and in feeling for the hook of his apron, I felt something very bulky in his small clothes; I said, Ben, how could you serve us so, we put more confidence in you than in any person in the warehouse; says he, then you are deceived for once, I want to go to sea, I can get more wages at sea than you can give me here; I sent for a constable, who searched him, and found seven pounds of sugar in a paper bag in his small clothes; I went directly to where I thought the sugar was taken from, and there were the marks of fingers in it; I cannot swear to the sugar, but I believe it was ours.

Cross-examined by Mr. Knowlys. Q. He had been a very good servant? - A. Yes, till that time; he had been with us two years; he used to come and brew for us once a fortnight at twelve o'clock at night, and he had the range of the warehouses.

Q. There is no mark either upon the sugar or the bag? - A. No, there is not.

WILLIAM WALTERS sworn. - I am a constable; I was sent for to take the prisoner into custody. (Produces the sugar).

Wild. This is the kind of sugar that was in our warehouse.

Prisoner's defence. I had been hard at work at the fire that evening, rolling the sugar up; I drank a good deal of porter, and after that gin and water; I don't know whether I had the sugar or not.

Prosecutor. I had given him gin and water to keep the cold out; he had been at work at the fire.

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

GUILTY (Aged 36.)

Privately whipped and discharged.

Tried by the first London jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-47

530. WILLIAM HARRIS was indicted for feloniously stealing, on the 4th of September , twenty yards of muslin, value 40s. the property of the East-India Company .

Second Count. Laying it to be the property of persons unknown.

(The case was opened by Mr. Knapp).

THOMAS BELL sworn - I am a commodore belonging to the East-India Company's warehouses, in New-street, Bishopsgate-street : On the 4th of this month, in consequence of some information, I made a search into the bales of muslin; I found a deficiency of seven pieces; I immediately reported the deficiency to my superior; the prisoner was employed by me that day in that part of the warehouses; I was going up stairs, and saw the prisoner standing near a loop-hole; I suspected him to be watching me; I went up to him, and followed him down into the cellar; I said, Harris, you must go with me to the accompting-house; he said, he would; I perceived his right hand busy, as if he was taking something out of his breeches; I then laid hold of him; he leaned his body forward against some goods, and took out from under his apron a piece of muslin; I picked up the muslin, and kept hold of him; he then gave me a push, and ran off; he ran across the road through the Rose public-house, and through several passages, till he got near Petticoat-lane; I came up to him there, laid hold of him, and conducted him back to Mr. Corbett's accompting-house; he said, oh, Mr. Bell, and seemed to be much agitated; it was the same sort of muslin that was in the bases; the head of one of the bases was rather loose.

WESTBROOK sworn - I am an assistant elder of the East-India Company's warehouses; all I know of it is, to confirm what Mr. Bell has said; I have had some conversation with him in the Compter; he said, he should be very glad to make a discovery, if he could be admitted an evidence; I said, I could not say any thing to it; I

went to ask Mr. Chetham, and he told me, that he and the other man were both fully committed; I then went back, and told the prisoner that he could not be admitted.

Cross-examined by Mr. Const. Q. He was a man of very good character? - A. Yes; a man that we have been ever much indebted to as to getting goods ready for shipping and unshipping.

Q. He was one of the first persons who came forward in the late militia business? - A. I believe he was.

Q.Has he not made discoveries very important, for preventing future depredation? - A. Yes.

THOMAS SAPWELL sworn - I am a constable,(produces the muslin); I had this from Mr. Corbett's warehouse; I have had it ever since.

Mr. WILLIAMS sworn. - I am one of the principal elders of the East-India Company's warehouses; this is the kind of muslin that is in our warehouses.

Q. Do you believe it to be the property of the East-India Company? - A. Yes.

Mr. Const. Q. What character has he deserved? - A. For some years a very good one; he was always the readiest man to take the hardest labour, and a very useful servant to the Company; when the India Company raised volunteers, and the names were called over, he was ready and chearful in that service.

The prisoner called four witnesses, two of whom had known him from his infancy, and gave him a good character.

GUILTY (Aged 31.)

Privately whipped and discharged.

Tried by the first London jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-48

531. THOMAS TOPLEY was indicted for feloniously stealing, on the 4th of September , twenty yards of muslin, value 40s. the property of the East-India Company .

Second Count. Laying it to be the property of persons unknown.

(The case was opened by Mr. Knapp).

DAVID HARDIE sworn. - I am an assistant elder in the India Company's warehouses; Mr. Lucas, one of my colleagues, discovered a deficiency in the bales of muslin; as soon as Harris was secured, I went after Topley to the armoury, and brought him down stairs; at the end of the square he told me, in the first instance he must go to the necessary, and ran away from me into the necessary; I followed him, and there I saw his left hand in the act of pulling something from the waistband of his breeches; I seized him by the left hand, and called to Mr. Evans, a commodore, for assistance; he came, and I saw a piece of muslin hanging out of the prisoner's breeches; I took hold of the muslin, and seized him by the collar.( Thomas Sapwell , the constable, produced the muslin).

Mr. Hardie. This is the muslin I took from Topley; it is the same kind of muslin that is in the warehouses.

The prisoner left his defence to his Counsel.

Mr. WILLIAMS sworn. - Examined by Mr. Gurney. I have known the prisoner going on of seven years; since he has been with us, he has had the character of a very industrious man.

Q. And I believe is one of the militia? - A. Yes.

Q. I believe he has given information, by which you have recovered muslins? - A. Yes.

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

GUILTY (Aged 41).

Privately whipped and discharged.

Tried by the first London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-49

532. ROBERT MGEE was indicted for feloniously stealing, on the 16th of August , a silk handkerchief, value 2s. the property of Joseph Goss .

JOSEPH GOSS sworn. - I am a coal-dealer and wharfinger ; I was coming through Cannon-street , on the 16th of August, between twelve and two o'clock; I thought I felt something in my pocket; I turned round; one man passed me, and went down Crooked-lane, and another crossed the street, and went up Clement's-lane; I went up Clement's-lane, and saw the prisoner take something from the inside of his coat on the right hand side, and put it in the left hand side; I caught him by the collar, and unbuttoned his coat, and there I saw my handkerchief, (produces it); this my handkerchief; a constable was sent for, and I gave charge of him.

Prisoner's defence. I picked it up in the street, and carried it in my hand, and nobody owning it, I put it in my pocket; the prosecutor came after, and said, he had dropped a handkerchief; I told him, if that was his, he was very welcome to it; I went with him directly.

Prosecutor. He certainly went with me very freely.

GUILTY (Aged 17.)

Transported for seven years .

Tried by the first London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-50

533. JOHN LAMB was indicted for feloniously stealing, on the 5th of August , a silk pocket-handkerchief, value 2s. 6d. the property of Joseph Dods .

JOSEPH DODS sworn. - On Saturday, the 5th of August, about seven o'clock in the evening, going along the Strand, directly opposite St. Clement's church , I had a sudden sensation that my pocket was picked; I instantly turned round, and observed the prisoner at the bar not above a yard from me, whom I immediately seized, and took from under his coat, on his right hand side, my silk pocket handkerchief; I secured him immediately; when I took the handkerchief from him, he ran across to the rails of St. Clement's church, but I never lost sight of him; I was within about a yard of him all the way; he sell down at St. Clement's church gate; I then secured him, and carried him to Bow-street, and he was committed by Mr. Floud, (produces the handkerchief); this is my handkerchief.

The prisoner did not say any thing in his defence.

For the Prisoner.

WILLIAM BLACKBURN sworn. - I am a wharfinger; the prisoner was, when I knew him, in the pawnbrokering line with Mr. Rodbard, Broadway, Blackstiars, he is now dead; he lived with me three years; I have seen him frequently at his father's house; he has lived with Mr. Wilkin's, in Tooley-street, and Mr. Barnes, in Bermondsey-street, in the same prosession.

GUILTY of stealing, value 10d.

Privately whipped and discharged.

Tried by the first Middlesex Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-51

534. MARY ELLIOT was indicted for feloniously stealing, on the 25th of July , a tin teakettle, value 3s. a wooden pail, value 2s. and a flat iron, value 10d. the property of John Davy , in a lodging-room let by contract by him the said John, to her the said Mary .

ELIZABETH DAVY sworn. - I am the wife of John Davy ; the prisoner came to lodge at my house the 4th of August, in St. Giles's parish; she had the things for her use; I lost a tea-kettle and a pail; she borrowed the flat iron and the pail as she wanted them; the tea-kettle was the only thing that I lost, that was let with the lodgings; she told me she would pay me for the flat iron, but she would not own to the tea-kettle and pail; when she left the lodgings, I missed the flat iron first, and she gave me the duplicate of that.

Q. Are you sure you never had these things at all from her, after you lent them? - A.No, I never had.

JAMES LLOYD sworn. - I am a pawnbroker; I have known the prisoner for a considerable time; she pledged a flat iron with me the 21st of July last, (produces it); she pledged it in the name of Mary Elliot.

Q. What is the value of it? - A. It is worth about ten pence.

Mrs. Davy. To the best of my knowledge it's mine.

Prisoner's defence. She desired me to pledge it for sixpence; she had not got sixpence in the world; the other things I never had.

Mrs. Davy. I never desired her to pledge any thing for me.

GUILTY of stealing the iron, value 6d.

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

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

Reference Number: t17970920-52

535. JANE ELIZABETH BENNET was indicted for feloniously stealing, on the 22d of December , a damask table cloth, value 16s. the property of the Reverend Samuel Dent .

Mrs. DENT sworn - I am the wife of the Reverend Samuel Dent : In the month of August last, I sent some boxes and trunks to Mr. Millington's, we were going out of town; I opened one particular box of linen, and took out a coverlid which was at the top; I found it locked, and corded the same as I had sent it; I left it locked, but not corded.

Q. Was the lock firm as usual? - A. It was; the box was so full it would hardly shut down; in the December following, I went to Mr. Millington's again, with my nephew, Mr. Gilmour; the prisoner opened the door, and upon my seeing her, I did not know her; I asked who she was; she said, she was Betsy Bennet , the daughter of the cook, who lived with my brother; I opened the box, and as soon as I opened it, I observed there was very little in it; I had left it full, and had kept the key of the box all along; I missed a table cloth, and a great quantity of other things; that is the only thing that we have been able to trace.

Cross-examined by Mr. Knapp. Q. This child, I believe, is about sixteen or seventeen years old? - A. I do not know; she was daughter of the cook: Upon my brother going into the country, she came to the house.

Q. She told you her right name, Betsy Bennet? - A. Yes.

Q. It was a considerable time ago? - A.Last October.

Q. There is only one thing that you are able to identify? - A. Only one that I can swear to.

Q.How long was that property your's? - A.For several years.

ELIZABETH MARTIN sworn. - I had the care of Mr. Millington's house, in August last; the prisoner's mother lived as cook in that family; she

was discharged, but continued to lodge in the house till she got a place.

Q. How came the prisoner at the bar to sleep in Mr. Millington's house? - A. She came to sleep with her mother; she had a lodging to pay for at the time.

Q. And you gave her leave to sleep in the house? - A. No, I did not give her leave, her mother brought her without there leave.

Q. Was the prisoner there from October till December last? - A.She had access to all parts of the house; whenever I went out, I left either the mother or daughter in the house.

Cross-examined by Mr. Knapp. Q. The mother has as much access to all parts of the house as the daughter? - A. Yes.

Q.Having been a servant in the house, she knew where all the property was? - A. Yes.

Q. Did you never employ this child yourself for any errands? - A. No; never.

JOSEPH LIGHTFOOT sworn. - I am a pawnbroker, No. 8, Bulstrode-street, Mary-le-bonne: The prisoner brought things to my shop very often;(produces a table cloth); this was pledged with me on the 23d of November.

Q. Are you sure it was the prisoner? - A. Yes; she was often backwards and forwards with her own clothes, but never brought any table linen to my house but that; it was redeemed from me on the 11th of February.

MARGARET WOOD sworn. - I went to Mr. Lightfoot's to take out a table cloth, it was on a Thursday, I think; I cannot recollect what month it was.

Q. By whose directions did you go to fetch that table-cloth? - A. The prisoner's.

Q. What did you pay? - A. Nine shillings; she told me it was left to her by a deceased uncle, and when she was of age, 201. a year for life; she directed me to go to Mr. Lightfoot's, and ask him if he bought such things out of pledge; I did ask him, and he told me he never did till it was redeemed; I came back and told her, and then I went and redeemed it; the prisoner desired me to sell it; I went and sold it to Mr. Gardiner, who keeps a sale shop, for sixteen shillings; I gave the prisoner the money.

Mr. Knapp. Q. Do you know the mother of the prisoner? - A. No.

WILLIAM GARDINER sworn. - I bought a table cloth of the last witness, this is it.

Mrs. Dent. This is my table cloth.

Lightfoot. This is the table cloth I had of the prisoner; she pawned it in the name of Drummond.

The prisoner left her defence to her Counsel.

GUILTY (Aged 16.)

Transported for seven years .

Tried by the first Middlesex Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-53

536. THOMAS LEADGER was indicted for feloniously stealing, on the 10th of September , a pair of cotton stockings, value 2s. the property of James Henley .

JAMES HENLEY sworn. - I am groom to Mr. Palmer, a grocer, in Fenchurch-street; I live at No. 19. Widegate-street : My wife had hung a pair of stockings out at the window to dry, I saw them hung out between eleven and twelve o'clock on Saturday night, the 9th of September; it was a one-pair of stairs window, and the sash was shut down upon them; about four o'clock in the morning I was waked by a sudden shaking of the window; I got up, and missed the stockings; I called to the watchman, and from his information, I followed the prisoner to the Green Dragon, in Bishopsgate-street; I saw him there, and looked into his pocket, where I saw my stockings; Mr. Davis, the constable of the night, came in, and I gave charge of him; the watchman searched him, and found the stockings rolled up wet in his pocket; they are marked I. H. and a figure of one.

WILLIAM BROADWAY sworn. - I am an extra watchman in Bishopsgate-street: I was on duty on Saturday, the 9th of September; on Sunday morning, about a quarter before four, I saw the prisoner at the bar, in company with another, pass my box, I did not like the appearance of them, but having no bundle, I did not stop them; I went round to see if the doors and shutters were all fast; I had scarce returned to my box, when the prosecutor called to me, and I described the men that I had seen; when it was day light, I was going past again, and this long stick (about ten feet long), was lying next to the prosecutor's door.

Q. Would that stick reach the window? - A. Yes; I tried it; I afterwards went to the Green-Dragon, and took charge of the prisoner; I found the stockings wet in his pocket.

JOSEPH DAVIS sworn. - I was constable of the night; I saw the stockings taken out of the prisoner's pocket. (Produces them).

Mrs. HENLEY sworn. - I am the wife of James Henley ; these are my husband's stockings, I marked them.

-PRICE sworn. - I am a watchman; I saw the prisoner and another go past; I went with the prosecutor to the Green-Dragon.

Prisoner's defence. I was a soldier in the Tower-Hamlets; I went into the public-house to get a pint of beer and some bread and cheese, before I

went upon duty, and I picked up these stockings in the road.

The prisoner called his serjeant, and three other witnesses, who gave him a good character.

GUILTY (Aged 28.)

Transported for seven years .

Tried by the first London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-54

537. WILLIAM HANNAM was indicted for feloniously stealing, on the 6th of September , two bars of iron, value 15s. the property of Jukes Coulson , William Harriman , and Benjamin Bates

The iron having no marks by which they could be identified, the prisoner was ACQUITTED .

Tried by the first London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-55

538. JANE COOPER was indicted for feloniously stealing, on the 20th of August , three shillings and six halfpence, the property of Thomas Vialls , privily from his person .

THOMAS VIALLS sworn. - On the 20th of August, about eleven o'clock in the evening, I lost three shillings and six halfpence out of my left hand waistcoat pocket; I live in Bow-street, Bloomsbury; I was going home, up Holborn , when the prisoner solicited me for a few halfpence to pay her lodging; I never saw her before; I gave her a few halfpence to pay her lodging out of my coat-pocket; then she wanted me to go home with her to bed; I told her I had got a wife at home, without going with her; I was not above ten yards from my own house; upon that she hung round me, put her hand in my waistcoat pocket, and took out the money; I told her, if she did not give it me back, I would give charge of her; she ripped out some reprobate words, and I took her to the watch-house; two of the shillings were marked; I had taken them in the afternoon; one had a large R upon it, and the other had two letters in the middle of it; they were both found upon her.

VALENTINE RUMLEY sworn. - I am watch-house-keeper: I took charge of the prisoner from Vialls, on the 20th of August; I searched her, and found two shillings upon her. (Produces them).

Vialls. These are my shillings.

Court. Q. Were you quite sober? - A. Yes.

Rumley. The prosecutor said, before I took them from her, that they were marked.

Prisoner's defence. The prosecutor gave them to me among the halfpence.

Vialls. The halfpence were in another pocket.

GUILTY of stealing goods, value 10d. (Aged 28).

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

Tried by the first Middlesex jury, before The LORD CHIEF BARON.

Reference Number: t17970920-56

539. WILLIAM SMITH was indicted for feloniously stealing, on the 31st of July , a bushel of flour, value 7s. and a hempen sack, value 1s. the property of William Toombs .

WILLIAM TOOMBS sworn. - On the 31st of July, I missed some flour; I had no reason to suspect the prisoner; he always behaved like an honest servant to me; I left him at four o'clock that morning in care of my property; I did not miss it till the watchman brought the prisoner back.

Mr. Alley. Q. You always found him very honest? - A. Yes.

PATRICK M'CARTY sworn. - I am a watchman; after calling four o'clock, the prisoner came up to me with some flour upon his shoulder in a sack; says I, do you belong to a baker, or are you a baker yourself? yes, I am, says he, a baker; are you a journeyman, or an apprentice, says I? says he, a journeyman; he said, he was going to High-street, Mary-le-bonne; says I, I will go with you to your employer, and see whether you are right or wrong; watchman, says he, you need not say any thing about it, and we will have something to drink; I called to my partner, and we took him as far as the corner of the watch-house, and then he threw away the bag, and ran off; we called, stop thief, and he was stopped by another watchman; when we got him to the watch-house, Mr. Toombs came up and gave charge of him.

Mr. Alley. Q. He did not run away till he was frightened by the sight of the watch-house? - A. No.

VALENTINE RUMLEY sworn. - I am watchhouse keeper; the bag was delivered to me, and has been in my custody ever since. (Produces it).

Toombs. I cannot say positively this is my sack; it is like it.

Mr. Alley. Q. Your mealman has a great many sacks of the same sort? - A. Yes.

Q. Then you cannot swear that that is your's? - A. No, I cannot.

The other watchman confirmed the evidence of M'Carty, and, knowing the prisoner, gave him a good character.

GUILTY of stealing the bag, value 10d.

Transported for seven years .

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

Reference Number: t17970920-57

540. ROBERT BAGSHAW and WILLIAM WALTER FREESTONE , were indicted for feloniously stealing, on the 21st of September , a woollen jacket, value 10s. and a pair of silver sleeve buttons, value 12d. the property of Peter Costin .

PETER COSTIN sworn. - I am a seafaring man ; Last Thursday, between nine and ten at night, I

was sitting in the tap-room at the public-house where I lodge, in Nightingale-lane , I was told my chest was open; I immediately went to my chest, and missed my jacket, and a pair of stone sleeve buttons, set in silver; William Smith went out, and brought back the prisoner, Freestone, and then Bagshaw came in; Bagshaw had my jacket on, and the sleeve-buttons were in the jacket pocket.(Produces them).

WILLIAM SMITH sworn. - I lodge in the same house with the last witness, the Newcastle-arms, in Nightingale-lane; we had lately come from a French prison, and were making merry; between eight and nine o'clock, the servant girl came in, and said, there was one of the chests open; I immediately went to the door; the girl pointed to Freestone, and said, that is one of them; I fetched him back, and in about five minutes Bagshaw came in, and the girl said, that was the other; we took them both into the parlour; Bagshaw wanted to go to the necessary; we conveyed them both into the tap-room, and then Freestone said, he had not got the jacket, but he knew where it was, and then Bagshaw pulled off his great coat, and produced the jacket; then we sent for an officer.

Gostin. This is my jacket; it has my mark upon it, No. 5, and it is torn in the left arm.

- THOMPSON sworn. - I keep the Newcastle-arms, in Nightingale-lane; Smith went out and brought back Freestone, and in about five minutes Bagshaw came in, and the girl said, that is the other; I sent for an officer, and they were taken into custody; Freestone said, I had no hand in the matter; but I know where the jacket is, says he, it is on that man's back; then Bagshaw pulled off his great coat, and under that was the jacket.

ROBERT YOUNGLEY sworn. - The prisoners were talking together in the parlour, and I said, they ought to be kept separate till the officer came, upon which Freestone called me a b-d thief, I had no right to do it; I saw Bagshaw take the jacket off.

(The prisoner, Bagshaw, having lost the palate of his mouth, his master interpreted his defence as follows):

I went into the house, where there was music and dancing; I went out to make water, and found the jacket; I put it on, and hearing a noise about a jacket, I went into the house again, and they took hold of me.

Freestone's defence. I was going down Nightingale-lane of an errand for my father, and there was dancing and siddling at this house, and a great many bad women and men; I went in and had a pint of beer, and as I came out again, this gentleman laid hold of me.

Bagshaw called three witnesses, who gave him an excellent character.

The prisoners were recommended to mercy by the Jury.

Bagshaw GUILTY (Aged 21.)

Freestone GUILTY (Aged 17.)

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

Tried by the first Middlesex jury, before The LORD CHIEF BARON.

Reference Number: t17970920-58

541. ELIZABETH FINCH was indicted for feloniously stealing, on the 16th of September , a calico bed-gown, value 5s. a pair of sheets, value 5s. a jack towel, value 12d. two diaper tablecloths, value 10s. and a calico petticoat, value 12d. the property of Richard Holt .

MARY ANN HOLT sworn. - On the 16th of September, I lost the things mentioned in the indictment, (repeats them), out of a box in an empty house at Kentish-town ; I had not seen them for a month; I had removed the box there last Friday week, and the key was left with Mrs. Finch, at the next door.

Q.What is she? - A. Her husband is a cooper; I was informed of my loss, and I told her of it; she was very sorry for it; I saw the gown at the office last Thursday.

Cross-examined by Mr. Knapp. Q.You had not seen these articles for a month before? - A. No.

Q. The box was not locked? - A. No.

Q. I assure you I do not mean to distress you, for I feel for every body who is in that unfortunate situation-your husband, I believe, became a bankrupt? - A. Yes.

Q. Your husband had not the good fortune to have his certificate? - A. I know nothing about it; I do not know what a certificate means.

Q. Did not you, in consequence of the bankruptcy, remove this trunk to the house next to the prisoner's, in order to be out of the way, and after it had been removed from other places before? - (Hesitates).

Q. Notwithstanding your husband has been declared a bankrupt, you removed these things to an empty house? - A. We took that little house, being cheap rented.

Q.What was the reason you thought fit to move your things to an empty house, after your husband was declared a bankrupt, and before he had got his certificate? - A. It was cheaper for us to have a house than a lodging.

Q. Do you not know that every thing you had was liable to be seized, your husband being a bankrupt? - A. Yes.

Q.Notwithstanding that you moved these things to an empty house, gave your key to a person you had never before known, and the box open? - A. I always had the key from her.

Q.Before they went to this empty house, had they always been at one house? - A. No, they had not; they had been at Mrs. Atkins's, in Fleet-market, about a week.

Q. Was the box at any time locked? - A. No.

Q. How many persons were there in your own house, before it was removed to Mrs. Atkins's? - A. Four.

Q. What happened to the box while it was at Mrs. Atkins's, you don't know? - A. No.

Q. Mr. Finch is a cooper, and your husband is a cooper? - A. Yes.

Q. When Mrs. Finch was acquainted with your loss, she expressed her sorrow for it? - A. Yes.

Q. When the box got to the house next to Mrs. Finch's, had you the curiosity to see what it contained? - A. No.

Q. Then from the time it was sent to Mrs. Atkins's, till it reached Mrs. Finch's, you knew not what was in it? - A. No.

RICHARD HOLT sworn. - I was out at the time that the property was missing; I had not been home above half an hour, when Mr. Martin said, there was a gown of ours pawned; I went to Mr. Martin's, and saw the gown.

Cross-examined by Mr. Knapp. Q. I understand a misfortune has attended you, as it does many men; you have been a bankrupt? - A. Yes.

Q. Have you got your certificate? - A. I have not asked for it; the commission was closed long ago; my wife's apparel was all allowed me, and all our linen; we had nothing that the commissioners or the creditors could claim; there were a few things at this house, a table and two chairs, that were given me by friends, since the bankruptcy; Mr. Finch was to have lent me a bedstead; he was an intimate acquaintance of mine, and I did not wish to have hurt his wife.

ANN CUNNINGHAM sworn. - Last Saturday week Mrs. Finch sent for me; I serve her with milk; she asked me to go of an errand for her to oblige Mrs. Holt, to pledge a gown for a little money for Mrs. Holt's use, which I did; I pledged it with Mr. Gough, in Red lion-street, for four shillings, and I gave Mrs. Finch the money and the duplicate; and on Monday I took it out again.

Q. By whose desire? - A. By my own desire; I had a suspicion that all was not right, because I had burnt the duplicate by the desire of Mrs. Finch, and I took the gown out, and carried it to Mrs. Martin, the wife of Mr. Martin, a cooper; she lent me the money to take it out; and then I thought if any thing should occur concerning it, I could produce it.

Jury. Q. How could you get the gown out, if the duplicate was burnt? - A. I went to the pawnbroker, and told him it was burnt, and he said, I must make an affidavit that it was neither given away nor sold, but that it was burnt, and I did make the affidavit.

Cross-examined by Mr. Knapp. Q. You serve Mrs. Finch with milk? - A. Yes; I have served her a year and a half, and I had the promise of serving Mrs. Holt when she came to the house.

Q. Who gave you that promise? - A. Mrs. Finch.

Q. And though you burnt the duplicate at the desire of Mrs. Finch, you went to another person for the money to take it out? - A. Yes; Mrs. Martin, a cooper's wife; I have known her three or four years; Mr. Finch, and Mr. Martin, and Mr. Holt, were all very intimate.

Q. Did you know of any quarrel they had had lately? - A. Not Mr. Finch and Mr. Martin, but Mrs. Finch and Mrs. Martin.

Q. So Mrs. Martin was the person you fixed upon to get the money of, though you knew that she and Mrs. Finch had quarrelled? - A. I went to her because she was a particular friend of mine, and I knew she would let me have it.

Q. Mrs. Martin was not very much displeased at your coming to her, I take it? - A. I do not think Mrs. Martin thought any thing about it at that time.

Q. Do you suppose she has thought of it since? - A. Yes; she has had reason to think of it since.

Q. Had you ever a duplicate in your custody before? - A. Yes; a great many.

Q. You think it a good thing, perhaps, when you have a great many duplicates, to burn them? - A. No.

Q. Mrs. Finch told you it was to be pawned for Mrs. Holt? - A. Yes; I pawned it in my own name; Mrs. Finch told me to pawn it in my own name.

Q. At the time Mrs. Finch desired you to pawn this gown for Mrs. Holt, did not you happen to know, from the intimacy that subsisted between these coopers and their wives, that the prosecutor was a bankrupt? - A. No; Mrs. Finch told me they were in distressed circumstances.

Q.Therefore you did not think it very extraordinary that she should be obliged to pawn a gown? - A. No.

Q. Was any body else present when Mrs. Finch desired you to pawn this gown? - A. No.

Q. Did you ever see any thing in the situation of Finch and his wife, that would induce you to suppose they were in want of four shillings? - A. No.

Q. He has a good deal of business? - A. He is a journeyman cooper.

Q. He is foreman, is he not? - A. Yes.

Court. Q. Are the people of very good reputa

tion and credit in the neighbourhood? - A. Of very good credit; he keeps a house.

Q. You have been at her door since? - A. Yes, every day.

Q. And did not you wish to have it explained, that Mrs. Finch, a woman in very good credit, should pawn a gown for four shillings, and burn the duplicate? - A. No.

Jury. Q. Were you ever in this empty house that Mr. Holt and his wife were to go into? - A. No; I never was.

MARY ANN MARTIN sworn. - I am the wife of Mr. Martin, a cooper: On Monday, the 18th of this month, the last witness came to me, and I sent her four shillings and two-pence to take a gown out of pawn; she brought me the gown. (Produces it).

Mrs. Holt. This is my gown; I have had it about two years; it is worth about five or six shillings.

Mrs. Martin cross-examined by Mr. Knapp.

Q. Your husband is a cooper? - A. Yes.

Q. You have not always been upon good terms with Mrs. Finch? - A. We were acquainted two years back; I did not chuse her acquaintance afterwards.

Q. You were upon very good terms with Ann Cunningham ? - A. Yes.

Q. You have perhaps been kind enough to give her the money to take things out of pawn before? - A. No, never; I thought she was in danger, and therefore I lent her the money.

Q. It was a mere charitable motive that induced you to let her have the money? - A. No, no charitable motive at all, only because the girl should not come into trouble.

Q. You were not at all the sooner induced to do it on account of the quarrel? - A. No; Mr. Finch works for the same master that my husband does, and has done about five years.

Q. He is foreman, is not he? - A. I do not know.

Q. Upon your oath, do not you know that he is foreman? - A. I do not, I never heard that he was.

ANN CULLEN sworn. - I was with Mrs. Holt when Mrs. Finch's house was searched, but there was nothing found; Mr. Finch told us that he had had his house searched in that way to exonerate himself, for there was nothing in the house; Mrs. Finch acknowledged taking it out of the box, and cording it up again.

Court. Q.Who was present then? - A. The officer and Mr. and Mrs. Holt; the officer asked her why she did it, and she said, she wanted some money to buy a piece of cotton.

Cross-examined by Mr. Knapp. Q.Was Mr. Finch present then? - A. Yes.

Q. Was any thing said by any body to Mrs. Finch, before she said that? - A. No, except what her husband said to her; he asked her how the gown came to be pawned by the milk-woman; she denied it at first, but after some considerable altercation between the husband and the wife, she said she had done it for want of money; and he asked her why she did it, when he had given her money; and she said, she wanted to buy a piece of cotton.

Mr. Knapp. (To Mr. Holt). Q. You were present at the time this conversation took place? - A. Yes; after she had confessed the gown, I told her if she would confess the rest of the things, I would freely forgive her.

Q. Had not you said any thing of that sort before she confessed the gown? - A. No; her husband spoke to her about it; I said, I did not wish to hurt her.

Q. Was that before or after she confessed the gown? - A. I cannot be positive.

Q.(To Mrs. Cullen). Q. Mr. Finch was displeased about this transaction? - A. Yes; he spoke of the ill consequences of it.

Q. Do you not now believe, that what she said afterwards, having first denied it, proceeded from the continued perseverance of her husband stating what he did to her? - A. I cannot tell.

Q.Was she not alarmed? - A. Yes.

Q. Did she not confess it in consequence of the perseverance of her husband? - A. Yes.

Prisoner's defence. I pawned Mrs. Holt's gown to pay for some coals, which she had ordered to air the house, and for a servant to clean it; I did not bid the person burn the duplicate.

Jury. (To Mrs. Holt). Q. Do you know if there were any coals purchased to air the house? - A. I do not know.

Court. Q.Were there any coals used? - A. Yes.

Court. Q. Who paid for them? - A. I do not know.

Jury. Q. Did you give her any orders to hire a servant? - A. Yes; and I paid for it.

The prisoner called six witnesses, four of whom had known her from her infancy, and gave her an excellent character.

GUILTY of stealing goods, value 10d. (Aged 23).

Privately whipped and discharged.

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17970920-59

542. RICHARD DAVID CRUTCHER , otherwise CROUCHER , was indicted for feloniously stealing, on the 23d of August , a pair of half boots, value 12s. the property of Noah Meadows .

NOAH MEADOWS sworn. - I am a boot and shoe-maker , No. 15, St. Martin's-le-grand : On the 23d of August, the prisoner came into my shop, about nine o'clock at night, for a pair of boots, and

I shewed him some half boots; he said, he wanted whole boots; I shewed him a pair of whole boots, they were too little; I told him, I would make him a pair; he replied, that he could not wait for that, he was going out of town at six o'clock in the morning; I told him, if he would wait a little while, I would fetch him some more in; I desired one of my men to wait in the shop; I likewise called my sister up to watch too; during that time the prisoner sat right opposite the shop-door; I went out for some more boots, and when I returned back, he was run out, and there was nobody in the shop but my sister; my apprentice was gone after him.

Cross-examined by Mr. Knowlys. Q. Had you ever seen this gentleman before? - A. No.

Q. You did not know his family, or what his behaviour in life had been before this? - A. No; he was an entire stranger to me.

SAMUEL MEADOWS sworn. - I am nephew and apprentice to the last witness; I was out on an errand about nine o'clock, and when I came in, the prisoner was in the shop; I gave a man out some work, and discharged him; the prisoner moved his chair from the front of the door to the side of the shop, where the boots hung; he sat one or two minutes, and then he got up, and said, he could not stop any longer; then he went out directly; my aunt sent me out after him; I saw him turn down King's-head-court, I overtook him just before he got to the bottom; I said, sir, come back; and I got before him; I saw the boots in his hands, and I holloaed, stop thief; he ran away, and here is the man that took him; I never lost fight of him but while he turned the corners; we brought him back to the shop.

Cross-examined by Mr. Knowlys. Q. Was he walking or running, when you first overtook him? - A. He was running.

Q. Was he dressed like a gentleman, as he is now? - A. Yes; but he had a blue coat on then, with his hair powdered.

Q. You did not know any thing of this gentleman or his connections before? - A. No.

WILLIAM HAWKES sworn. - I am a porter at the Bull-and-Mouth-Inn: On the 23d of August, coming along St. Martin's-le-grand, about a quarter past nine o'clock, I heard the cry of stop thief; I saw the prisoner running up the court, but seeing him so much of a gentleman, I let him pass, till the last witness came up, and said, that man in the blue coat has stole a pair of boots from our shop, and then I ran after him, and brought him back to Mr. Meadows's; he wanted very much to take Mr. Meadows aside into a private room; Mr. Meadows refused, and said, if he had any thing to say, he must say it there before the people; he told them he had not stole the boots, but if he would let him go, he would pay him for them; a constable was sent for, and he was taken to the watchhouse.

Cross-examined by Mr. Knowlys. Q. You had never seen this gentleman before? - A. No.

Q.Therefore you knew nothing of his family or connections? - A. No. (The boots were produced by the constable, and deposed to by the prosecutor).

For the Prisoner.

JOHN WOODCOCK sworn. - Examined by Mr. Knowlys. - I live in Manchester-buildings, near Westminster-bridge; I am a musician at the Theatre-Royal; I have known the gentleman at the bar twenty years.

Q. Is he a man in a decent situation of life? - A.Very respectable indeed.

Q. He has a wife, and daughters grown up? - A. Yes.

Q. What character has be home among his neighbours, for honesty and integrity? - A. He always bore the character of an honest man; I have been very intimate in the family.

Q. Have you any reason to know whether this gentleman has at all times enjoyed his intellects in perfection? - A. I think, from some circumstances, for five or six years past, he has not been collected or in his mind.

Q. Was he in any situation of necessity, that should induce him to take any little articles of this fort? - A. Very much to the contrary; he has been away from his family for a week or ten days, and more, at a time, suddenly, and perfectly unaccountable to his family.

Q. Was he, when he had his intellects completely, an attentive husband and master of a family? - A. Yes.

Court. Q. What is he? - A. He has lived at Leominster in a very extensive way.

Court. Q. How does he live now? - A.Upon his fortune; he lived at Leominster as a shopkeeper fourteen or fifteen years.

Court. Q. What instances of his derangement have you known? - A. I think his taking five or six shillings worth of money out of his till, and throwing it among the multitude, is a proof of derangement; and taking these boots, when he had guineas in his pocket, and dismissing, for five months together, a favourite daughter from his own house, for no cause upon earth.

Court. Q. What cause did he assign for dismissing his daughter? - A.None at all; I never asked him the question; for he was so irritable in his disposition, that it was rather dangerous to enter into a detail upon his family concerns.

Q. What age is his daughter? - A. The eldest about twenty, and the other turned of seventeen;

no girls, I believe, were ever better educated; they have had a very liberal education.

STEPHEN INSOLK sworn. - Examined by Mr. Knowlys. I was house-steward to Lord Bateman, at the time I was acquainted with Mr. Croucher; I have now property of my own, and live upon my fortune; I have known the gentleman at the bar about seven years.

Q.What has been his character for honesty and integrity? - A. He was a man of strict honesty and integrity.

Q. Have you observed any marks of derangement in him? - A. Not so much in London as in the country, when I was with my Lord Bateman; I have been given to understand from Mrs. Croucher, that he is at times deranged; and from what has passed in the country at different times, and what my friends have communicated to me respecting him, I have reason to believe he is so.

Q. Was he in that situation, with respect to circumstances, that he was in want of eighteen or twenty guineas? - A.Certainly not.

Q. Do you know what was the state of the moon on the 23d of August? - A. No.

Mr. Knowlys. It appears, from the almanack, that there was a new moon the day before.

SAMPSON HODGKINSON sworn. - Examined by Mr. Knowlys. I am a druggist, on Snow-hill, near Holborn-bridge; I have known the gentleman at the bar since the beginning of the year 1786; I have not known him so well since the year 1790; at that time I always considered him as a man of probity and honesty.

JOHN HAWTHORNE sworn. - Examined by Mr. Knowlys. I am collector for the stewards of the Sons of the Clergy, and several other public charities; I have known the gentleman at the bar twenty-two years; he is perfectly honest, and of perfect integrity.

Q. Have you had any reason to know the state of his intellects for the last four or five years? - A. Yes; he has threatened to buy a pair of pistols, insisting that I should fire at him, or he would fire at me, for no reason upon earth; and his wife has been obliged to swear the peace against him.

Q. Had you ever any quarrel or cause of animosity with each other? - A.Never.

Q. In the general course of his life, has he been an affectionate husband, and a tender father? - A. Yes, he has.

Q. From your observation of him, do you believe that he was occasionally deranged, or not? - A.Certainly.

Q.Except upon those occasions, is he a man whose conduct and general character has gained your esteem or not? - A.It has.

Court. Q. His wife has swore the peace against him? - A. Yes.

Q. Do you mean to say, that they were an affectionate couple before that? - A. He has been in this kind of way for these two or three years past, jumping suddenly up from his dinner, and going away.

Q. Was he given to drinking at all? - A. Yes, very much so; I have seen him very often in liquor, and look as wild as he could possibly look; in fact, he was not bearable when he had any liquor.

Q. Upon the whole of your observations of this man's conduct, do you believe him to be deranged in his mind? - A.Positively I do, at times; Some years ago, he collected rents for me of an estate that I have in Radnorshire; I was coming down Holborn, and met the waggoner; I asked him if he knew Mr. Croucher, and he said, what, mad Croucher!

Court. (To Hawkes.) Q. Was the prisoner searched when he was brought back? - A. Yes, by the constable.

Constable. I searched the prisoner, and found upon him about two or three shillings; I do not think he had more.

Q. Was he sober? - A. He looked just as he does now, rather wild.

NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-60

543. FRANCES, wife of WILLIAM HERBERT , was indicted for feloniously stealing, on the 23d of July , a pair of sheets, value 5s. a brass candlestick, value 6d. and the furniture of a bedstead, value 4s. the property of William Edward Slumbers , in a lodging-room let by contract by him, to her the said Frances .

WILLIAM EDWARD SLUMBERS sworn. - I live in Clare-court, Clare-market ; the prisoner at the bar has been a lodger of mine about a twelve-month; I let her a room at 2s. a week, without furniture, and then she came back and gave me 3s. a week far a room with furniture; I lost the things in the indictment, (repeating them), on the 23d of July last I missed them all; I had taken an inventory of them when I let her the room; I had some suspicion that they were going, and I went up several times to demand admission, but I never could gain admittance till the 23d of July; she was going into the room in the evening, and I went in with her; I missed the things, and called the watchman; she was taken to the watch-house, where she remained till the Monday morning; she had paid me three quarters out of four; I found the sheet at Mr. Jones's, pawnbroker, in Long-acre,

which I took out of pawn myself, and a brass candlestick and part of the top valance of the bed, the corner of Broad-court, Long-acre, which I took out of pawn myself. ( William Jones , the pawnbroker, produced a sheet, which was deposed to by the prosecutor).

(To the Prosecutor.) Q. Do you know in what way she gets her living? - A. Her husband allows her something to live upon, and she works at her needle, but loses all her customers as soon as she gets them, by pawning the things.

Prisoner's defence. I never cheated him nor any body else; I pawned the things with intention to return them again; I had not left the room, nor did not intend it.

GUILTY (Aged 40.)

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

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17970920-61

544. THOMAS SHORTLAND and GEORGE PARSONS were indicted, the first for feloniously stealing, on the 18th of July , twelve pounds weight of soap, value 6s. the property of Samuel Cleaver .

Second Count. Laying it to be the property of Thomas Lucas ; and George Parsons for receiving the same goods, knowing them to have been stolen .(The case was opened by Mr. Knapp.)

SAMUEL CLEAVER sworn. - I am a soap manufacturer , and live in Tottenham-court-road; in consequence of some information, I learned that I had lost some property; I had received an order from a person of the name of Lucas, an oilman, in Bloomsbury-market, a customer of mine, and has been for twenty years, for 3cwt. of soap; I weighed it in the presence of my son Samuel, and desired he would assist me; I then had ready prepared a number of small plugs of wood; I first counted the number of cakes that composed this 3cwt. of soap; it consisted of 113 cakes, and three pieces; I then, in the presence of my son, put a plug into each cake; and into each of the three pieces, and in order that I might be perfectly clear, I dipped each plug in ink; the prisoner, Shortland, was at that time gone to his dinner; in short, I had sent all the men home to dinner? he had been a servant of mine upwards of six years, to the best of my recollection; when they were plugged, we put them into two boxes; he had, at the same time, 6cwt. of soap for another customer, a Mr. Buxton; 3cwt. of them were put into boxes, and the rest corded up, I believe, for the Duke of Bedford.

Q.Did you put any mark upon them? - A. No, I did not; when Shortland came in, he was desired to put his horse to the cart, and take out the goods; he put Mr. Buxton's in first, because Mr. Lucas's was the first place of delivery; I then desired both my sons to watch the cart to the house of Mr. Lucas; I did not see the goods put into the cart; I saw them put into the boxes; I had got a search warrant, and I went with the warrant and the constable, Donaldson, and one of my sons, William, to a house in West-street, Seven Dials, where I had an opportunity of seeing Mr. Parsons's door; the house I went to was Mr. Bradley's, within two or three doors of Parsons's, where I expected there would be a delivery of soap; I had not been there long, when I saw Shortland come with his cart.

Q. Where does Mr. Buxton live? - A. In Bedford-street.

Q. Is West-street in the way from either of them to your house? - A. It is not the direct way, but it is not much out of the way; he came out of the cart, and went into Parsons's house.

Q. What did there appear to be in the cart at that time? - A. Nothing but boxes and baskets, and a tarpaulin; he went into the house, and stopped there about two minutes.

Court. Q. Did he go there upon any business of your's? - A. None; he then went to the tail of the cart, and took out of one of the baskets a bundle tied with a dirty apron; he took it into the house of Parsons, and stopped, as near as I can guess, half an hour, or full that; he then came out, got up into his cart, and drove away; as soon as he was out of sight of Parsons's house, I went into Parsons's house with the constable, and a search warrant.

Q. Did you see the prisoner, Parsons, there? - A. Yes; and his wife and another very elderly woman; Donaldson said, we are come to search your house, Mr. Parsons; he asked, for what; Donaldson said, for soap; Parsons's reply was, that he had no soap, desired to know by what authority he came, and insisted upon seeing it; the constable produced the search warrant, and he and my son then proceeded to search the house; I stood at the door, and saw what passed; and underneath the counter, in one corner, the soap was found.

Q.When the soap was found, was it found open, or in a cupboard, or in any thing? - A. I cannot say; the soap was produced; I examined it to find the plugs, which I did.

Q.Where was Parsons at the time you were making this search? - A.Present all the while; after the soap was found, he said, he had bought it for his own use, he had given a fair price for it;

he said he had given ninepence halfpenny a pound for it.

Q.Was that a fair price? - A. That was the price at which soap was retailing at that time; I then called for a hackney-coach, and conveyed him to my manufactory, in Tottenham-court-road, with intent to take my man; the constable took the soap under his care.

Q. You saw him take it in with an apron wrapped round it? - A. Yes.

Q. Did you see any thing of the apron when the soap was found? - A. No; when we got to the manufactory, Donaldson and I got out of the coach, and left my son William in the coach with Parsons; I found Shortland in the stable, cleaning his horses; I then gave him in charge to the constable.

Q. Did you give Shortland to understand the nature of the charge against him? - A. No.

Q. Did he say any thing at that time? - A. I do not recollect that he did; we put him into the same coach with Parsons, and went with him to Bow-street; they appeared total strangers to each other when they were in the coach.

Q. Was your name upon the cart? - A. Yes, and where I live.

Cross-examined by Mr. Gurney. (For Shortland). Q. You have several servants in your manufactury? - A. Yes.

Q. Have you been in the habit of suffering several of your men to have had soap, and then they accounted for it to you when they received their wages on a Saturday night? - A. I believe this man, and some others, may have had as much as seven pounds of soap for their own use now and then.

Q.When they have it, whether they put it to their own use or sell it, it is equally their property? - A. They always have it in pieces when they have it that way, to have it cheaper; it is the same kind of soap, but not in cakes.

Q. You have now, I believe, a man in your service of the name of Pugh? - A. Yes.

Q. Have not you suffered Pugh to have fourteen pounds of soap in a week? - A. I cannot say fourteen pounds in a week, he has had several fourteen pounds at various times.

Q. And accounted for it when they received their wages? - A. Yes.

Q.What day of the week was this? - A. I think it was on a Tuesday, I cannot be positive.

Q. Then you did not wait till the Saturday night? - A. Not with him, I did not.

Cross-examined by Mr. Fielding. (For Parsons). Q.Ninepence halfpenny was a fair price for it? - A. For a single pound; if they take seven pounds; there is an abatement.

Q.When you went to Parsons's, you told him you came to search his house? - A. Yes.

Q. He was alarmed in consequence of it? - A. Yes.

Q. As soon as it was found, he said, he had bought that soap, and given nine-pence halfpenny a pound for it? - A. Yes.

Q. How much might there be of this soap? - A. I should imagine about twelve pounds, there were four cakes; they generally run about three pounds a piece.

Q.And the parcel you sent out to Mr. Lucas, was one hundred and thirteen cakes? - A. Yes.

Q. You searched the house thoroughly? - A. I was satisfied with what was found, but the woman was going up stairs, and the constable desired my son to follow her, and I followed her, but we did not find any; the woman did not behave quite as well as she might have done.

Q. You had reason to suspect that you had lost a great quantity of soap? - A. Yes.

Q. However you found nothing upon the premises of Parsons, that involves him in the suspicion of having any more than these four cakes? - A. Nothing more.

Q. He told you at once that he had bought it, and given that price? - A. Yes; when it was found.

Q. You had directed your attention to the house of Parsons, and saw your cart stop there the first time? - A. Yes.

Q.Parsons did not come out of the house to Shortland, but Shortland went into him? - A. Yes.

Q. Therefore you cannot say that Parsons could see what name was upon the cart? - A. It is impossible for me to say whether he saw it or not, but I have a bit of paper in my pocket, that if you will take the trouble to look at it, I am sure will convince you that he did see it.

Q. What might be the worth of the soap at that time? - A.Nine shillings; but he could never fell it for the money.

Q. Is Parsons a married man? - A. I understand so.

Q. Did you see any children? - A. I think there was one in a cradle.

Mr. Knapp. Q. When you let your servants have soap, it was in pieces, and not in cakes? - A. Yes; but I understood from Pugh, that he had several acquaintances, and be would sometimes have it in pieces and sometimes in cakes.

Q.But did you ever, when you let your men have soap, put plugs into it? - A. No.

WILLIAM CLEAVER sworn. - Examined by Mr. Knapp. - I am son of the prosecutor; I was present when the soap was plugged, and when it was put into the boxes; in consequence of directions from

my father, I followed the cart into Bedford-square, then the prisoner, Shortland, got up into the cart, and seemed very busily employed about the boxes, sitting upon them and using his hands, but I could not perceive, being at a distance, what it was he was doing; I continued following of him, and in Hart-street, Bloomsbury, just before he got in sight of Mr. Lucas's house, he got out of his cart and walked by the side of his horses; he then stopped at Mr. Lucas's till he had delivered the soap; he left Mr. Lucas's house with the boxes in the cart; I immediately went in to Mr. Lucas, and assisted him in weighing the soap; we found twelve pounds short of weight, and four cakes short in number; I left Mr. Lucas, and went with my father and the constable to West-street.

Q.When you got to parson's house, did he say any thing? - A. We told him we had a search-warrant to search his house; he said, what for, and the constable immediately made answer, for soap; he said, he had no soap; I found the soap under the counter, standing up end ways, as if it was put there out of sight, amongst some old iron.

Q. You went with your father up to Tottenham-court-road, to take Shortland? - A. Yes; and while the constable and my father got out of the coach to take Shortland, Parsons said to me, he could take me to the shop where he bought the soap.

Cross-examined by Mr. Fielding. Q.Parsons seemed very much confused when he saw the constable and you? - A. Yes; he was very much confused.

Q. Had you the curiosity to search any chandler's shop in your neighbourhood? - A. No.

Q. You had lost large quantities of soap? - A. Yes.

Q. But you found no trace there of any quantity of soap? - A. No.

Q. What you saw him carry into Parsons's house was in a dirty apron, not as if it came from the manufactory? - A. No.

Mr. Knapp. Q. It appeared to be wrapped up in any thing he could lay hold of? - A. Yes.

SAMUEL CLEAVER , junior, confirmed the evidence of the two former witnesses.

THOMAS LUCAS sworn. - Examined by Mr. Knapp. - I am an oilman, in Bloomsbury-market: On Tuesday, the 18th of July, Mr. Cleaver's cart came to my house with a quantity of soap; Shortland, the prisoner at the bar, came with it; the soap was unloaded, and he put it in a bin, where he usually does, where there was no other soap at all.

Q. I believe you previously emptied it on purpose? - A. I did.

Q. It was afterwards weighed in the presence of Mr. Cleaver and yourself? - A. Yes; and we found a deficiency of twelve pounds.

GEORGE DONALDSON sworn. - Examined by Mr. Knapp. - I went with Mr. Cleaver, to Parsons's house; Mr. Cleaver found this soap, and delivered it to me. (Produces it).

Mr. Cleaver. This is my soap, here are the plugs.

For the prisoner, Parsons.

- BROWN sworn. - I have known Parsons four or five years; he is a man of good family, and a very sober industrious man.

Cross-examined by Mr. Knapp. Q. What are you? - A. A leather-seller, in West-street, Seven-Dials.

Q.What shop does he keep? - A. I believe he is in the habits of selling iron.

Q. Have you known him all the four or five years that you speak of? - A. Only as a neighbour passing by.

Q. Has he always lived in West-street? - A. Ever since I have known him.

Q. He has never been in custody at any time? - A. No.

Q. You don't know that he was here as a visitor about nine months ago then? - A. No.

Mr. Fielding. And acquitted. Good God! it is only lamentable that a man should be placed in such an unfortunate situation; there were no witnesses who gave any evidence against him.

Parsons called fourteen other witnesses, who gave him an excellent character.

Shortland called four witnesses, who gave him a good character.

Shortland, GUILTY (Aged 28).

Transported for seven years .

Parsons, GUILTY (Aged 36.)

Transported for fourteen years .

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

Reference Number: t17970920-62

545. JOHN PALMORE was indicted for feloniously stealing, on the 11th of August , thirteen pieces of linen cloth, containing three hundred and thirty-three yards, value 13l. 13s. fourteen pieces of other linen cloth, containing three hundred and fifty-five yards, value 13l. 7s. and six pieces of printed cotton, containing one hundred and sixty-eight yards, value 13l. 15s. the property of William Knight .

Second Count. Laying them to be the property of John Bloomfield .(The case was opened by Mr. Raine).

THOMAS PLOWDITCH sworn. - Examined by Mr. Raine. - I am shopman to Mr. Bloomfield, linen-draper : On the 10th of August, I packed up two trusses, containing a considerable quantity of linen; they were directed to Thomas Paul, Gosport; they consisted of Irish linen and printed calicos.

WILLIAM CULLUM sworn. - I am porter to Mr.

Bloomfield: On the 10th of August, I carried two trusses, directed to Thomas Paul , Gosport, to the New-Inn, in the Old-Bailey; I delivered them to the book-keeper.

THOMAS WALKER sworn. - Examined by Mr. Raine. - I am book-keeper to the New-Inn.

Q. Does the Gosport waggon set out from your house? - A. Yes: On the 10th of August, I received two trusses from the last witness, I saw my man put them into the waggon; it left London on Friday morning, at six o'clock.

THOMAS WILKES sworn. - Examined by Mr. Raine. - I am the driver of the Gosport waggon.

Q. Whose waggon is it? - A.William Knight's; he lives at Alton, thirty miles on this side of Gosport; I set out from the New-Inn, about six o'clock in the morning of the 11th of August, with the waggon; when I came to Turnham-green, a man came to me, I am sure the prisoner at the bar is the man; he wanted to ride; he would be glad if I would give him a list; he said, he was going to Phillmore-hill, ten miles on the other side of Alton; he said, he would satisfy me; he had but a trifle of money, and as we were walking along, I asked him where he came from; he said, out of Essex; I gave him leave to get in the waggon and ride a few miles; and he got in about half way between Turnham-green and Brentford; when we got to Smallbury green gate, he got out; I watered my horses there; we went in and had a pot of beer, and he paid for it; then he walked with me up as far as Hounslow; that was about twelve o'clock; I had a pint of beer at the sign of the Bear, he did not go in then; and when we had got half way through Hounslow, he said, you may get up and ride now, if you like, and I will drive; I got up into the waggon, and fell asleep; I looked out by the Powder-mills, and he was driving along very well; I looked out again, at Bedfont, and he was upon my nag, driving on very well; about three quarters of a mile beyond Bedfont, I heard a cracking in the waggon; there was a crate of bottles in the waggon; I looked up and saw two men at the tail of the waggon, pulling the crate; I then jumped out at the head of the waggon, and ran after them; the prisoner was just by the horses, on the near side; they ran towards Bedfont; I went after them three or four rods, but not farther, because I thought I must not leave the waggon; he was driving the waggon on till I came back; when I came back, I I missed two trusses and a box.

Q. Do you happen to know how those trusses were directed? - A. Yes; Paul, Gosport; I went up to him, says I, friend, I think you are connected with them; he said, no, I am not; I said again, that he was; and he said, he was not; I took the whip out of his hand, and I drove away as hard as I could to Bedfont-gate, that I might get back to look after my goods; the prisoner went on a little way the same way that I did, and then I lost him; I left the waggon at the gate, and came back again upon my horse, to where the two men got out of the waggon, and then I came gently along, and tracked them coming up to a field of barley; I rode up to the gate about a quarter 6f a mile from where the two men jumped out of the waggon, and looking over the gate, I saw a box that I missed out of the waggon.

Q. Which side of the road? - A. On the near side; as I was going towards Staines, I tied up my horse, and brought the box out; I went and got some people to assist me; I went over the field of barley, and then over a field of peas, and then over a field of turnips, and then over a field of beans, and there I found one of the trusses.

Q.Was that close to the side of the road? - A. Yes.

Q. How was the truss directed? - A. To Paul, at Gosport; I put them into another waggon that was coming up, and took them to my waggon at Bedfont-gate; the other truss was found in another barley field.

Court. Q. And you went on with your waggon? - A. Yes.

Cross-examined by Mr. Knowlys. Q. You have told us this man was on the near side of the way? - A. Yes.

Q. If he had drove on the left side, would you have trusted him to drive? - A. No; certainly not.

Court. Q. On which side were the trusses found? - A. The near side of the road.

Q. How long was he in your waggon? - A. Near two hours.

Q. I dare say, as you had lost something, you searched very closely, to see if there was any thing else gone? - A. Yes.

Q. And though he had been in your waggon two hours, you missed nothing else? - A. No.

Q. You looked out two or three times? - A. Yes.

Q. And he was driving in a proper manner? - A. Yes.

Q. These people, I suppose, got in at the tail? - A. Yes.

Q. Of course they would get in as quietly as they could? - A. I suppose they would.

Court. Q. Was your waggon closed so that a person who rode the horse, could see whether you were asleep or not? - A. I was just at the head of the waggon, he could see me plain enough.

Mr. Knowlys. You generally drive pretty near the fore-horse? - A. No.

Q.Near the shaft-horse? - A.Sometimes.

Q.You charged him with being an accomplice? - A. Yes.

Q. You took the whip out of his hand not very well pleased, I suppose? - A. No, I was not.

Q. And you drove away as fast as you could? - A. Yes.

Q. Much faster than he could have walked? - A. Yes.

Mr. Raine. Q. At the time this man leaped out at the tail of the waggon, the prisoner was riding upon your horse? - A. Yes.

WILLIAM HENLEY sworn. - Examined by Mr. Raine. I am a labourer, I live at Bedfont.

Q. Do you remember the Gosport waggon coming through Bedfont, on the 11th of August? - A. Yes; at nearly three o'clock.

Q. Do you remember who was driving for him? - A. Yes; that is the man at the bar; I was sitting at the Black Dog, close to the road.

Q. Do you remember a green cart coming up? - A. No; I was not there then; I saw the cart afterwards going towards Ashford from Bedfont, soon after I had heard of the robbery; the road leads from Bedfont to Ashford, and then into the Staines road again; I saw this cart with two men in it.

Q. How far were you from the cart? - A. A furlong's length.

Q. Were they going fast or slow? - A.Middling fast; after the goods were found and picked up, we were looking about, and this cart came up with two men in it, close to the road; they had both snuff-coloured great coats on; they walked the horse along till they came to the place where the first truss was found over the hedge; and then, seeing us, they set off full speed, as hard as they could make their horse go, with whipping and cutting.

Court. Q. What sort of a field was it? - A. A bean field; we were looking after the things.

Mr. Raine. Q. Did you observe them doing any thing as they walked along? - A. No, only looking over the hedge, as the other walked along.

Cross-examined by Mr. Knowlys. Q. You saw the man in the cart plain enough? - A. Yes.

Mr. Raine. Q. Did you observe any writing upon the cart? - A. Yes, but I did not observe what it was.

WILLIAM IVES sworn. - Examined by Mr. Raine. I am ostler at the Black Dog, Bedfont: On the 11th of August, two men came in a little green cart to my master's house.

Q. Did you take notice of the cart? - A.Not when I first came in; after they asked me the way to Staines, I looked to see where it came from, and I rubbed off the dirt, and saw, upon a square plate, John Palmore, Kingston, Surrey; it was a good while before I could read it, it was all over dirt; they went into the house, and had something to drink, and they came out again, and said, how far is it to Staines, three miles and a half is not it? and I said, yes Sir; when they first came in, one man had a light coloured great coat, and the other had a dark coat; but I did not observe very particularly.

Court. Q. Did they bait the horse? - A. Yes; they gave him a seed of corn, and went away towards Staines; they left the cart and horse, and returned again, it might be in about half an hour; they came up the road again from towards Staines, and ordered me to put the horse to as fast as possible, and I did; they drank a pot of beer while I harnessed the horse; the mare was a little restive, and I took her by the head and led her out; they went off as fast as they could well trot towards Staines.

Q. Did you observe any thing about the great coats, whether they had them on when they went back? - A. I did not know whether they had or not; but, after the robbery was done, John Teams brought in two great coats, one of which I know was the one the little man had on; the other I am not positive to.

JOHN TEAMS sworn. - Examined by Mr. Raine. -Q. As soon as you heard any thing of this business, what did you do? - A.About two o'clock I went towards Staines, and overtook the waggon; he had found one box and one truss, and then he said he had lost another truss, and asked me to assist in finding it, and we found it in a bean field; he said, he did not know whether he had lost any thing else or not; he thought the best way was for us to look about, and in the next field, an oat field, I picked up these two great coats, and just as I picked the great coats up, the green chaise cart came up, and I took them up to the Black Dog.

Q.(To Ives). Are these the coats you saw? - A. Yes; this, I am sure, was worn by one of them; the other, I cannot be sure of.

DAVID DANGERFIELD sworn. - Examined by Mr. Raine. I am a broker, at kingston; I apprehended the prisoner; I went to his stables at Kingston, and found a black mare.

Q. Was it produced before a Magistrate? - A. Yes.

Q.Was Ives there? - A. Yes; I found the cart in the King's-arms yard, where Mr. Palmore generally used to put it; he had leave to put it there.

Q.(To Ives). Did you see the cart when it was brought by Mr. Dangerfield before the Magistrate? - A. Yes; I can swear to the plate upon the cart; I am not so positive to the mare;

it was just about the size of the mare, and very much like the same mare.

Court. (To Dangerfield). Q. How do you know that Palmore had leave to put his cart in the King's-arms yard? - A. By the ostler.

Court. Q. Had you seen it there before? - A. Yes.

Mr. Raine. Q. Were you present at Bow-street? - A. Yes; he confessed there that it was his cart.

Mr. Knowlys. Q. It being in the King's-arms yard, any other person might have taken his cart? - A. Yes.

Q. The prisoner never denied that it was his cart? - A. No.

THOMAS TUBB sworn. - I am ostler at the Duke's-head, Bedfont: On the 11th of August, at nearly four o'clock, I saw a little green chaise cart with two men in it, driving towards London; they drove as fast as they could drive, and they very near drove up against the watering-tub; I went up and asked if they wanted any hay or water for the horse, and they said, no, they wanted to get on as fast as they could; I did not take any notice of the men; I took the horse by the head and led him off.

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

GUILTY . (Aged 42.)

Transported for seven years .

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

Reference Number: t17970920-63

546. SARAH PAYNE , otherwise BASKALL , was indicted for feloniously stealing, on the 31st of August , fifteen yards of printed cotton, value 38s. the property of Thomas Nelson , privately in his shop .

THOMAS NELSON sworn. - I live in Bishopsgate-street ; I am linen-draper and mercer : On the 31st of August, very soon after eight o'clock in the morning, the prisoner at the bar came into the shop, and asked of the next witness to look at some things in the window; I was in the shop at the time; I left my man and her agreeing for the goods, and went backwards to my business; after a few minutes, I was called, and told that the prisoner had taken a piece of print.

Cross-examined by Mr. Alley. Q. Was there any body else besides yourself in the shop? - A. Yes, my two servants.

Q. Any body else there? - A. No.

Q. Have you any partner? - A. No.

Q. Where did you find the cotton? - A.Under the counter.

Q. Did not the prisoner take it off the ground, and put it on the counter? - A. I did not see the transaction.

THOMAS HALL sworn. - I am shopman to Mr. Nelson: On Thursday morning, August 31, about eight in the morning, the prisoner at the bar came in, and asked to look at some goods in the window; they did not give satisfaction, and the other pieces were shewn; she purchased goods to the amount of 8s. 6d. the goods were put up, and two dollars presented for change; while I turned round to the till, I observed her stooping, and drawing something under her petticoats; I then went across the counter, and called to the next witness to call my master from the parlour; I then gave the prisoner one shilling in change, and she wished to go; I told her I had something further to say to her; she then pulled a piece of cotton from underneath her petticoats, and put it on the counter with the other hand; my master came up, and a constable was sent for, and she was taken into custody. (The constable produced the cotton, which was deposed to by the prosecutor).

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

GUILTY of stealing, but not privately . (Aged 44.)

Confined in Newgate 14 days , and fined 1s.

Tried by the first London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-64

547. MARGARET COOK was indicted for breaking and entering the dwelling-house of Alexander Cameron , about the hour of seven in the afternoon of the 1st of September , the said Alexander and others of his family being therein, and stealing two linen sheets, value 1l. and a woollen blanket, value 7s. the property of the said Alexander.

The prosecutor not being able to swear to the property, the prisoner was ACQUITTED .

Tried by the first London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-65

548. ANN BARTLAM was indicted for feloniously stealing, on the 2d of September , seventy six fans, value 2l. 10s. and seventeen fan sticks, value 1l. 10s. the property of John Pike .

JOHN PIKE sworn. - As I was passing through Fore-street, I saw a fan in the window of a Mr. Todd, which I went in and purchased; I there found a dozen more; and, in consequence of information, I got an officer from Worship-street, and went with him to the house of the prisoner; we found three fans in her pocket; I afterwards went to a pawnbroker's, and found seventeen fan-sticks, which I knew to be mine: I went to a Mr. Fow

ler's, a perfumer, and found some more; at a a Mrs. Marshall's, I found three more; and some at a Mrs. Harvey's; I have lost some thousands; these are all that I have yet traced, except some that Mr. Burgess sent back, understanding that they had been stole.

Cross-examined by Mr. Alley. - Q. Where is your shop? - A. In Newgate-street .

Q. You carry on a very extensive business? - A. It is generally understood so.

Q. You have two or three shop-keepers? - A.Sometimes one, sometimes two.

Q. Do you know a lady of the name of Dubois? - A. I have heard of a person of that name; I do not know her personally.

Q.Was she not commissioned now and then to sell fans and little articles for you? - A. No; no person whatever had ever any such commission.

JOSEPH TODD sworn. - On the 2d of September, the prosecutor came to my house, and purchased a fan at 2s. 9d. and saw twelve more, which I had bought of Henry Burgess , for which I took a bill and receipt, (produces it); I saw him write it, and so did my two apprentices and the journeyman.

HENRY BURGESS sworn. - On the 9th of August I sold Mr. Todd fourteen fans, and gave him a bill and receipt; I received them from Mr. Bartlam, a neighbour of ours, who informed me he was a fan-maker, and as I was about a great deal with ribbons, I might sell some fans for him.

Mr. Alley. Q. Is Mr. Bartlam here? - A. He is in confinement.

Q. This poor man was a fan-maker, and when he wanted money, he sent out some fans? - A. Yes.

ELIZABETH FOWLER sworn. - I am a milliner and perfumer. (produces five fans); I purchased these of Mrs. Bartlam four or five months ago; she brought them to me to sell as a manufacturer of them.

Mr. Alley. Q.It is no unusual thing for these poor men to send their wives about with fans to sell? - A. No; I have known the woman these four or five years; I knew her husband to be a fan stick manufacturer.

HANNAH PARKER sworn. - I am a haberdasher, (produces three fans); I bought them of the prisoner at the bar about five or six weeks back; I have known her these two years; she has frequently been in my shop, and dealt with me; her husband is a fan-stick maker.

ELIZABETH HARVEY sworn. - I am a milliner, (Produces twelve fans); I bought them all of the prisoner about two months ago; I understood her husband to be a manufacturer.

THOMAS PEARSON sworn. - I am a pawnbroker; I took these fans in of the prisoner, (producing them), on the 9th of March.

MARY MARSHALL sworn. - (Produces twelve fans). I am a haberdasher and milliner; I bought these fans of the prisoner at different times; some of them about three months ago, and some about six weeks ago.

WILLIAM BUTLER sworn. - (Produces three fans). I am a haberdasher; these fans were sent to our shop by the prisoner.

WILLIAM BLACKITER sworn. - I am an officer: On Monday, the 4th of this month, I searched the prisoner at her house, and found in her pocket these fans, and seven more in a drawer, (produces them); her husband said, they were his.

Mr. Alley. Q. The poor man is in Newgate now for this very offence, is he not? - A. Yes.

Pike. The prisoner's husband worked for me, and she used to bring the work home.(Two of the fans were sworn to by Mr. Pike, and six of them by Thomas Barnard Ward , who had worked them for Mr. Pike).

GUILTY (Aged 32.)

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

Tried by the first London Jury, before The LORD CHIEF BARON.

Reference Number: t17970920-66

549. JOHN JOHNSON was indicted for feloniously stealing, on the 24th of July , three live bullocks, value 40l. the property of Thomas Mumford .

THOMAS MUMFORD sworn. - I work for one Mr. Steele: On the 24th of July I had a drove of beasts under my care from Smithfield to Carnaby-market.

Q. Whose were they? - A. They were several people's; I was to deliver them to different owners in Carnaby-market, and in the streets round; as I came up Holborn-hill, there was a parcel of men followed me; there might he twenty, or more; they surrounded me just before I got to Gray's-inn-lane, and turned one of them down Gray's-inn-lane; they found that bullock would not run; it turned round again to look for the others, and it came back again to the drove; I went on, and some of them followed behind me, till I got almost up to Queen-street, and then I met Mr. Johnson, the gentleman at the bar; he passed by me; there were two or three more; he was on one side of the beasts, and there was one dressed in black on the other side of them; between Queen-street and Southampton-street , Mr. Johnson got in between the beasts, and drove three of them away, by beating them with a stick he had in his hand; some

body called to him, turn out the brindled bullock; a young man in Court helped to stop them, and said, he should not have them away.

Q. Who is that young man? - A. Mr. Pitt; afterwards Mr. Johnson drove them down into Hart-street, and Pitt holloaed out to another butcher to stop those beasts, and he turned them down a gateway; his name is Watkins; and afterwards Mr. Johnson and two more ran down Hart-street away from them; we pursued them, and took Mr. Johnson in at a mercer's shop in Holborn; he went in there to look at a pattern-book; after that we took him to Bow-street.

Q. Did you know any thing of the prisoner before? - A. No.

Q. What became of the rest of those twenty people that were all together? - A. There were some before me and some behind me; three of them ran down Hart-street, two besides him; the other two ran down Holborn, and two made towards Bloomsbury-market.

Q.How was the prisoner dressed at that time? - A. In a lightish coat, and a red waistcoat and boots.

Q. What time was it? - A. As nigh as I can guess, about nine o'clock in the morning.

Q. Never having seen the prisoner before, and being in a different dress than he is now, are you sure he is the man? - A. I am.

Q. Did you never lose sight of him? - A. No, only while he went into the shop; he turned the corner, and the mercer's shop is a very little way from the corner.

Q. Have you any doubt that the man you saw hovering about the cattle, was the same man that you took in the shop? - A. Yes, I am sure he was the person.

Cross-examined by Mr. Knapp. Q. You are a servant to Steele? - A. Yes.

Q. He employs others besides you? - A. Yes.

Q. And he did on this day, did not he? - A. No; there was only a boy with me, George Jenkins.

Q. He saw the whole of this? - A. No, he was not there the whole time.

Q. He was employed to assist you? - A. No, he was not.

Q. Steel himself is only a drover? - A. He is a master drover.

Q.How many heads of cattle had you? - A. I cannot tell; there might be five or six-and-twenty; sometimes I have more.

Q. You desired this lad to assist you in driving the cattle? - A. I asked him to come along home with me.

Q. For no purpose? - A. None.

Q. Not to assist you in driving the cattle? - A. No.

Q. Do you mean to swear to that Jury, that you did not desire him to attend you home to assist you? - A. No, I did not.

Q. How long have you been a drover in the City of London, attending Smithfield market? - A. I do not know how long; I have been off and on two or three years, to drive for Mr. Steele of a Monday.

Q. Do you drive for any body else? - A. No.

Q. Did you ever hear of a bullock being hunted before? - A. I have.

Q. Did it ever enter into your mind, that because a parcel of young men hunted a bullock, they meant to steal it? - A. I cannot tell what he intended.

Q. It is a nefarious practice, and I wish it was put an end to? - A. It is a pity but it was.

Q. Upon your oath, did you believe this man meant to steal the bullock? - A. I cannot tell his meaning.

Q. Upon your oath, have not your said since that time, that you believed be meant it for the purpose of hunting it, having no idea that he meant to steal it? - A. No, I did not say any thing of the kind.

Q. You never said so? - A. Never.

Q. Nor any thing like it, that he meant it merely for the purpuse of hunting, and not stealing it? - A. NO, I have not said so.

Q. Never to any body? - A. No.

Court. Q. Have you said nothing of that kind to any body? - A. I believe I told Mr. Hanson that I did not think he meant to steal it.

Q. And yet you have been denying it all the time-You know the brindle bullock you have been speaking of-Were you the person that told them to change that bullock, which was hunted out first in Gray's-inn-lane, for the brindle bullock, which was a fitter bullock to hunt? - A. I did not.

Q. Upon your oath, you were not the person? - A. NO.

Q. Did you hear that said by any of your party at that time? - A. No, by nobody then; I heard it said in Hart-street.

Q. Upon your oath, was it not yourself? - A. No, it was one of the bullock-hunters.

Jury. Q. How did you know in Hart-street, that he was one of the twenty that surrounded you at the bottom of Holborn? - A. He surrounded the bullock in both places.

Mr. Knapp. Q. Do not you know that he has surrendered to take his trial; that he was bailed before my Lord Kenyon? -

Court. He surrendered in presence of the Jury.

JAMES PITT sworn. - I am a butcher: On the 24th of July, I was going to deliver bills out for my master; I live in Theobald's-road; going

across towards Hart-street, I saw three beasts running along; I saw it was a lot of bullock-hunters, about twenty of them, with sticks in their hands; they were running along; I heard one of them say, d-n your eyes, turn him out, it is the brindled bullock; Mr. Johnson was in amongst the three beasts, with a stick in his hand, picking this brindled bullock out, and he would not go out; I took the stick out of the drover's hand, Mumford, I knew him, and said, you shall not have the bullock; the first man that comes up, says I, I will knock him down, let him be who he will; there was a young fellow that is here; I called to him to stop the beast, and upon his coming up, Johnson made off, and he turned the beast down into a gateway; I do not know who it belonged to, but I did not like to see any man's property run away with; I pursued Johnson down Bow-street into Holborn, and we found him in a house looking at some waistcoat pieces; he begged and prayed that I would let him go, and I said, I should not.

Q. Are you sure the person you saw amongst the three beasts, was the man you saw in the shop? - A. The man that I saw driving the three beasts, is Mr. Johnson, at the bar.

Q. How far was he separate from the rest of the bullocks? - A. Two or three hundred yards, I suppose; I did not look to see where they were; I thought it my duty, if I possibly could save the man's bullock, to do it.

Cross-examined by Mr. Alley. Q. Where was it you met Mumford? - A. In Bloomsbury-square, leading into Hart-street.

Q. Were these bullocks ever out of your fight? - A. No; I was within about four or five hundred yards.

Q. So that the man, who was driving the other bullocks, might see it as well as yourself? - A. I do not know what the other man saw.

Q. What time of the day was it? - A. It might be nine or ten o'clock.

Q. That was a very busy time of the day? - A. No, it is a bye street; I suppose there were one hundred people surrounded us at least.

Q. You took Mumford's stick out of his hand, and swore, that the first man that came up, you would knock him down? - A. Yes.

Q. Then Mumford was willing they should be drove away? - A. No, only he is not a young fellow of any spirit at all.

Q. Your resistance was in itself sufficient to stop them? - A. No, they dispersed.

Q. If Mumford had been as active as you, would not they also have dispersed? - A. He was as active in many things.

Q. The little spirit that you used, was sufficient to disperse them? - A. Yes; seeing us resolute, they dispersed.

Q. You told us they appeared to you to be a parcel of bullock-hunters? - A. Yes; they meet people, and take people's property, and drive them at night, till they have been killed.

Q. You had no idea that he meant to do any thing more than hunt it? - A. I do not know what he meant to do.

Q. You took him to Bow-street, did not you? - A. Yes.

Q. Did not you take him to his father's? - A. No, I did not.

Q. Do not you know there is a penalty of forty shillings upon the conviction of a person hunting bullocks? - A. No.

Q. Have you never heard of it? - A. No; I never heard there was any panalty.

Q.Had you any conversation with the prisoner's father? - A. No; I was sent for to a house in Bow-street; Carpmeal and I were in company with the prisoner's father, and they treated me with wine.

Q. Did not you tell the prisoner's father, that if he would give you as much as the penalty, you would not appear against him? - A. No.

Q. Were you not in the Brown Bear public house? - A. No.

Q. What is the house that Carpmeal keeps? - A. I cannot recollect.

Q. You have never laid a wager that you would convict that man here to-day? - A. No; I did not.

Q. You have not laid a wager that he would be convicted? - A. Yes, I have; I was in a public-house with a friend of Johnson's, and he began upon me, saying I had been bribed; that I had been offered forty guineas, and would not take less than one hundred; he would lay us a guinea to a shilling he was done nothing to, and I accepted the bet.

RICHARD WATKINS sworn. - I am a butcher: On the 24th of July, I was coming down Hart-street, about nine o'clock in the morning, I met three beasts in Bloomsbury-market, and Johnson was in amongst them, driving them along, and there were several more people cried out, turn out the brindled bullock from amongst the three; the last witness ordered me to stop the three beasts, and I ran before them, I stopped them, and turned them down a gateway; and when I turned them down the gateway, one of his companions seemingly, took out a knife, and swore he would cut me down, if I did not let the beasts go by; I said, I would not let the beasts out, and several people gathered round; and when they saw the people gather round, they ran away; we went after this young man, and took him in Holborn.

Cross-examined by Mr. Knapp. Q. Were you employed by steel, the butcher, to assist in taking home these beasts? - A. No.

Q. Were you desired by Mumford, to assist in driving them home? - A. No.

Q. Were you in Court while Mumford was examined? - A. Part of the time.

Q. You had perhaps attended bullocks from Smithfield before? - A. I never made a practice of it; I have brought home a bullock or two.

Q. It has been your misfortune perhaps to see that improper practice of bullock-hunting, before now? - A. Yes, I have.

Q. Did you observe now at this time, that this was meant as bullock-hunting? - A. I could not tell what was meant, but as there were but three beasts, it made me doubt what they intended.

Q. But you told my Lord that it was meant to single out the brindled bullock? - A. Yes; they said so.

Q. If you were in doubt before that time as with respect to the three, I suppose you had no doubt about it then? - A. I could not tell what it was.

Q. You had a doubt, seeing the three bullocks drove along together, whether that was for bullock hunting; now when you knew that single bullock was singled out, what did you think of it then? - A. I thought it was to be drove away.

Q.Will you swear now that you believe it was singled out for the purpose of stealing it? - A. No; I will not swear that.

Q. Do you take upon yourself to swear positively that it was not for the purpose of bullock-hunting, and bullock-hunting only? - A. I cannot say.

The prisoner left his defence to his Counsel.

For the Prisoner.

THOMAS WINSULL sworn. - I am a tallowchandler, in St. Martin's lane; I saw Mumford at Serjeant's-Inn coffee-house, when I went to be bail for Mr. Johnson; after talking some little time, he said, he did not think Mr. Johnson had any in tention in the world to steal the bullock, but only meant to have a little sport; I heard him repeat the same words two or three times before we went to Lord Kenyon's chambers.

(There were other witnesses, but the Court were of opinion that it was unnecessary to go any further).

NOT GUILTY .

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17970920-67

550. JOSEPH ROBSON was indicted for feloniously stealing, on the 1st of August , a wainscot board, value 3s. a lignum vitae tool, value 2s. two gouge bits, value 1s. one reed bit, value 3s. a steel reed mandrit, value 3s. a burning iron, value 1s, a trumpet reed and tongue, with block and socket, value 3s, thirty pipe mandrils, value 10s. two chissels, value 2s. and two mahogany mouldings, value 1s. the property of John Avery .

(The case was opened by Mr. Knowlys.)

JOHN AVERY sworn. - Examined by Mr. Knowlys. I am an organ-bulder ; Somewhere about last August, I lost a number of tools; the latter end of July, I returned from the country, and, in consequence of some information, when the prisoner called upon me, I told him I would have no more to do with him, that I had often been told he had robbed me, and I should not employ him, until some things that remained upon my mind were cleared up; this, I think, was upon Saturday; I had some more information on the Monday, and on the Tuesday morning he came again; I gave orders for him not to he admitted; he came again in the course of half an hour afterwards; I heard that he had made his way into the yard to the door of the workshop; I went out, and he told me he came for the remainder of his tools; I then told him to get off my premises, and asked him how he could dare to come there; he said, he came for his told, and his tools he would have; I told him, if he would write down what tools they were, and would send my friend, they should be delivered to him; he would not go away, but insisted upon having them; it was with some difficulty, he being as powerful a man as myself, and younger, that I got him out of the yard; he put his hand to my face, and said, d-n you for saying I am a thief; I will have you in Newgate before night; I then went to the Police-office, for a search-warrant; I went with Bowyer and another constable to his lodgings in Little George-street; I told him I came for my tools and things that were there; he said, he had got nothing of mine; he then asked by what authority we came; the officers said, we have authority enough; we searched the bed-room, and in a tool-chest we found, of my property, a lignum vitea tool, called a knocking up tool, which was made under my particular direction, and turned under my own eye; we then found two gouge bits, and the other things named in the indictment; the constable has them; they are all mine; they may be worth perhaps altogether about ten shillings; we found in the room these mahogany mouldings, which are struck with a very particular plane belonging to me.

Cross-examined by Mr. Fielding. Q. I was in hopes your wrath towards this poor man would have been abated by this time; there was a scuffle between you; you charged him, and he charged you? - A.Exactly as I said before.

Q. He talked about Newgate? - A.Exactly as I told you before.

Q. You told him that you suspected him, and would not employ him? - A.Exactly so.

Q. And that as early as the Saturday? - A. Yes.

Q. He called upon you on the Tuesday again, so that there was ample time to have removed any thing? - A. Yes.

Q. I am very sorry that he was rude enough, even, I believe, to assault you? - A. I gave the assault first.

Q. Did you ever till that think of pursuing him for robbing you? - A. I had been well informed before that he had robbed me.

Q. He was an extremely ingenious man? - A. I have taken pains to make him so; he was a very useful man.

Q. Is it not a custom in your business, that journeymen are entrusted with and keep the tools for a considerable time? - A. Not off the premises.

Q. You know the tools are wanted where the organ is put up? - A.The tools that are here spoken of, are tools that we use for making our work; when we go to put up an organ, screw-drivers and pincers only are wanted; I have said to this man a number of times, that I have been told that he has hawked pipes about the trade, and he denied that he ever had done it.

Q. He had done work for others in the trade? - A. But he could not conceive that I would lend him my tools to do it.

Q.On the Saturday he came to you to know what he was to do, wishing to continue in your employment? - A. Yes.

Q. Then, after you had shewn this anger, you never took any steps till Tuesday? - A. No.

BOWYER sworn. - I am an officer belong ing to Queen-square; I went with Mr. Avery to search the prisoner's lodgings; the prisoner at first hesitated to let us search; he asked by what authority; I told him I had a search warrant, and then he said I was welcome to search, for he had no property whatever of Mr. Avery's; Mr. Avery picked out these articles, and claimed them; he said, some of these things were Mr. Avery's; that he had had them to finish some work. (Produces a wainscot board).

JAMES WHITE sworn. - I am journeyman to the prosecutor; this board is my master's property it corresponds in the grain and knots and every thing with another piece that is now in the yard.

THOMAS FLEWIN sworn. - I am journeyman to Mr. Avery; we searched the shop, and found a board that matches with this exactly.

Prisoner's defence. That board I can prove I bought at a timber-yard, and the mandrils I made myself; I will call a person who made the mahogany mouldings himself; he struck them with Mr. Avery's plane, which he borrowed of Mr. Avery; I had begun business for myself, and this is done entirely because he was jealous that I should take his business from him; about six weeks before he made me a prisoner, he was arrested for debt, and durst not be seen at home, and he allowed me to take tools home to my house, to be ready to put up an organ at Whitehall, and another at Mr. White's, the auctioneer, at Storey's-gate, and he has now got some of my tools in his possession; he owes me 2l. 4s. to this day; he would not let me have my tools, and pushed me out of the yard; I was enraged at that, and made use of improper language to him.

For the Prisoner.

JOSEPH BUCK sworn. - Examined by Mr. Fielding. I am a labourer in the organ business.

Q. Is it or not the custom for the journeymen frequently to have their master's tools at home to work? - A. It is a rule for every man that works in the organ line, to have his master's tools.

Q. Did you ever give a piece of wood to the young man at the bar? - A. Yes; I gave him a piece of mahogany.

Q. Look at those mouldings? - A. This is the mahogany, it was in one piece, I worked it myself; I gave it to the prisoner before I worked it; it is for a moulding to go round an organ case; I worked for Mr. Avery, and cut it with his plane; the wood was given to me by a young man.

Jury. Q. Did you take the plane home to cut it? - A. Yes; I took it over night from Mr. Avery's shop, and returned it the next morning.

Jury. Q. Is it a rule in Mr. Avery's shop for the men to take home their master's tools? - A. Yes, it is customary in every shop, and the masters take the men's tools; my master, Mr. Holland, is in the country, and has got some of my tools now.

Cross-examined by Mr. Knowlys. Q.What young man was it gave you this wood? - A. He was a German, named Frederick; it is five or six years ago.

Q. When did you give it to the prisoner? - A. A great while.

Q. How many years have they been made? - A. Not one year.

Q. Upon your oath, were they not made of Mr. Avery's wood? - A. No, they were not.

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

Q.Mind, I shall call him Have you never declared to Craile, that you have taken wood of Mr. Avery's, and worked it for yourself? - A. No, I never did.

Mr. Fielding. Q. Be this the wood of Mr. Avery, or be it not-Did you work it with Mr. Avery's plane, and give it to the prisoner? - A. I did; I gave it to him, I worked it.

Q. Look at that board - Do you know any thing of that? - A. Yes.

Q. Was it every your property? - A. No, it is Mr. Robson's; I was with him when he bought it at a timber-yard, in Little St. Martin's-lane; I do not recollect the gentleman's name; it is about six months ago; he gave near upon 7d. a foot for it; I bought, at the same time, two half-inch deals.

Cross-examined by Mr. Knowlys. Q.Have you ever made application there to know if they could remember the young man buying such a thing? - A. No, never.

Q.You undertake to swear, that that is the same piece of wood? - A.No, I do not; I said, he brought a piece of wainscot there like this; but it is impossible for me or any man to swear to such a piece of wood.

(The custom of lending tools to the journeymen to take home with them was proved by the following organ builders, John Preson, John Wright , and Thomas Gibson ).

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

For the prosecution.

THOMAS CRAILE sworn. - Examined by Mr. Knowlys. Q. Are you a workman of Mr. Avery's? - A. Yes; I did work for him.

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

Q. Did you ever hear him say any thing respecting Mr. Avery's wood? - A. No, I never did.

Q. What did you come here for? - A.Because I was subpoenaed.

Cross-examined by Mr. Fielding. Q. You never heard Buck acknowledge that he robbed Mr. Avery, in your life? - A. No, I never did; I should think he would hardly tell me if he had robbed any body.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Justice ASHHURST.

Reference Number: t17970920-68

551. ELIZABETH MEATH was indicted for feloniously stealing, on the 24th of July , four pair of leather shoes, value 18s. the property of James Byrne .

JAMES BYRNE sworn. - I am a shoemaker , in Holborn : Between two and three o'clock on the 24th of July, I lost four pair of shoes; I was crossing nearly opposite my own door, and saw my wife following the prisoner; she and I came nearly up to her at the same time, and I took these four pair of shoes out of her apron. (Produces them); I asked her no questions, for I saw the shoes in her apron; I took her before a Magistrate; they have my private mark upon them.

Prisoner. I was so much in liquor, that I did not know what I was doing.

Q. Did she appear to be in liquor? - A. I did not think she was.

HANNAH BYRNE sworn. - I am the wife of the last witness; I was in the adjoining room to the shop, and saw the prisoner come into the shop; it was nearly three o'clock in the afternoon; she took three pair of shoes first, and put them into her apron; she took them from the inside of the window; she then took a fourth pair, and ran out; I followed her, and Mr. Byrne came up; I told him the woman had taken them; he took them out of her apron, and brought her back into the shop, tied up the shoes with a string, and went with her to Bow-street.

Q.Was she in liquor? - A. She might be; I did not take particular notice; but I do not think she was.

GUILTY (Aged 40.)

Transported for seven years .

Tried by the first Middlesex Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-69

552. HENRY SHIPPEY was indicted for feloniously stealing, on the 29th of July , a live pig, value 20s. the property of Charles Luffkins .

CHARLES LUFFKINS sworn. - I live servant to Mr. Gray, brick-maker, in Edward-street, Portman-square; I live at Battle-bridge ; I had a porker that used to run about the house, and I missed it last Saturday, the 29th of July; I had seen it about two o'clock, about an hour before it was lost.

Q. How old are you? - A. Seventy-eight years of age; it was brought back by a man of the name of oborne; I had bred it, and knew it again as though it had never been away.

LEVI OBORNE sworn. - I am an officer at the Public-office, Hatton-garden: On Saturday, the 29th of July, a little before four o'clock, I was at a public-house in Barron-street, Pentonville; I saw the prisoner at the bar, in company with one Mitchell, going by; the prisoner at the bar had a sack with a live pig in it at his back; knowing them to be indifferent characters, I suspected they did not come by it honestly; I watched to see where they were going to carry it to; they turned down by the Angel, at Islington; when Mitchell saw that I was following them, they crossed over the way, and went down by the sheeppens on the other side; when he got to the bottom, he turned towards Sadler's Wells field, he whispered something to the prisoner at the bar, and then ran away; I followed the prisoner, and asked him where he was going to carry it; and he told

me, to somebody in Turnmill-street; I forget the name; I asked him if he had bought the pig; he said, no; I asked him if Mitchell had bought it; he said, no, some other person had hired them to carry it; I asked him where they had it from; he told me, from Mr. Luffkins, Battle-bridge; I told him, I did not think he came by it honestly; says he, I know what you want, I will carry it back again; he directly turned back to go with me, and when he got a little way, he turned to the right hand side going towards Battle-bridge, and at tempted to make a run; I then went up to him and secured him; I took him to Battle-bridge with the pig; he untied the bag, and let the pig out in the road; I tied his hands, and drove the pig before me, and led him down to Mr. Luffkins, and Mr. Luffkins said, the pig was his.

Q. How near was the public-house to Mr. Luffkins's? - A. A quarter of a mile, or more.

Prisoner's defence. I was coming up the Angel-road, Islington; I met with a young fellow that asked me to carry it for him; I said, I knew the pig was Mr. Luffkins's, and Mr. Oborne did not know where to find Mr. Luffkins, nor whose pig it was, if I had not told him; I worked for Mr. Luffkins when I was nine years old.

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

GUILTY (Aged 18.)

Transported for seven years .

Tried by the first Middlesex Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-70

553. JOHN CLIFFORD was indicted for feloniously stealing, on the 22d of August , two iron weights, value 10s. the property of James Thomas Moffatt .

JAMES THOMAS MOFFATT sworn. - In consequence of some information, I found some weights of mine on the 22d of August at Mrs. Howard's, in Petticoat-lane; she keeps an iron shop.

THOMAS CLEGHORN sworn. - I belong to the Custom-house; I saw the prisoner in Mansell-street, Goodman's-fields, with a half hundred weight; I informed Mr. Moffatt of it; I supposed he had stolen them; I followed him, and saw him go into a house in a lane across Whitechapel, I believe it is Petticoat-lane; I then thought it my duty to acquaint Mr. Moffatt of it; I happened to meet him in my way, in Haydon-yard, Whitechapel, and I shewed him the house where it was carried to; I knew the prisoner was servant to Mr. Moffatt, he is a scale-maker in the Minories; I live next door to the shop where this man worked; I had no acquaintance at all with Mr. Moffatt; I never spoke to him in my life before.

JANE HOWARD sworn. - My husband is a shoemaker: I keep a shop for iron and old clothes, and brokery-goods; I had only been three weeks in that business, when this happened.

Q. How did you know the value of things, if you had never been in business before? - A. The woman who kept it before was coming to instruct me.

Q.Look at the prisoner? - A. That is the man, I believe.

Q.Have you any doubt of it? - A. No, I have not the least doubt but he is the man; he came to my shop about a fortnight ago, and sold me one weight, a half-hundred weight, I gave him one shilling and sixpence for it; about a fortnight after, he brought me another, and I gave him one shilling and sixpence for that; that is all that I ever bought of him; his master came and took them away from my house, about a quarter of an hour after I had bought the least one.

Q. Is the weight that Mr. Moffatt claimed, the same that the prisoner brought to your house? - A. Yes. (The weights produced).

Mr. Moffatt. I can swear to one of them particularly, it is marked fifty on the side; it is the last weight that she said she bought; it is a fifty pounds weight, such as we send over to America, to pay for tobacco, and goods that they weigh by the next one hundred, and not the one hundred and twelve; the prisoner has lately come from sea; he has worked for me before; when I went into Mrs. Howard's shop, at first, she said, she had not got a half hundred weight in the house.

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

GUILTY of stealing goods, value 10d. (Aged 40.)

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

Tried by the first Middlesex Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-71

554. HELENA WELSH was indicted for feloniously stealing, on the 20th of June , forty-eight muslin handkerchiefs, value 3l. 4s. twelve penknives, value 4s. 6d. four brass ink-stands, value 2s. three leather pocket-books, value 2s. 6d. and three plated breast-buckles, value 2s. 6d. the property of John Hegerty .

ELIZABETH UNDERWOOD sworn. - I saw the prisoner run away with a bundle, about two months ago, I cannot tell the day, she came out of the Coach and Horses, in Belton-street, Long-acre , and ran towards her own home in Crown-court.

ELIZA SMITH sworn. - I live facing the Coach and Horses: I was in my own room, and heard a

dreadful screaming of murder; I looked out, and saw a hartling between a man and a woman, and the prisoner at the bar; the prisoner came out with a bundle; the prosecutrix had a dreadful black eye; she said, she was robbed, and Mr. Butter-worth, the landlord, pushed her out.

Cross-examined by Mr. Alley. Q. She was very drunk, was she not? - A. I did not see her in liquor.

Q. Did not he turn her out because she was drunk and riotous? - A. He pushed her out because she said, she had been robbed in his house.

Q. Is he here? - A. No.

Q. Then he did not send for an officer? - A. No, he did not.

LUCY ANDREWS sworn. - I was in Eliza Smith 's room; I heard a screech of murder, at the Coach and Horses; I saw the prisoner go out with a bundle in her apron, she made towards her lodgings, in Crown-court, and directly after, the prosecutrix came out, and said, she was robbed.

MARGARET HEGERTY sworn. - I was in at the Coach and Horses, in Belton street, between five and six in the afternoon, to the best of my knowledge, about two months ago; I was no more in liquor than I am now; my bundle was lying upon the side of the table, in the tap-room; the prisoner asked me if I paid a licence for selling those goods, and then her husband came in, and knocked me down, with a sucking-child in my arms, and she took my things away from me without any apology at all; I was quite stupified with fright; I had never spoke to her three words in my life.

Cross-examined by Mr. Alley. Q. This was a large bundle? - A. Yes; wrapped up in a coarse cloth.

Q. There were a good many people in the house? - A. No; only the landlord's wife and daughter. and the prisoner, and a man that said he was her husband.

Q. Why did not you take him up? - A. He could not be taken.

Q. Have you ever seen the bundle since? - A. No.

Q. This poor woman was seen going home, was followed immediately, and yet none of your property found? - A. Yes.

Q. How came you in possession of these goods? - A. My husband is a soldier, and gone to the West-Indies; he left me five guineas.

Q.When was he living last to your knowledge? - A. Eight months ago; he has been a soldier ten years; he was drafted into the Old Buffs; I bought these goods about two months ago, to get a bit of bread honestly.

Q. How long has your husband been gone? - A.Two years.

Q. And you kept this money all that time? - A. Yes; I have been always earing money.

Q. Did not you charge another woman with robbing you two or three days ago? - A. No, not in my life.

Q. Did you ever tell the landlord you were robbed in his house? - A. Yes.

Q. After he had turned you out? - A. He was not there before.

FRANCIS CLYMER sworn. - I am a constable; One evening, about seven or eight weeks ago, I happened to be at the watch-house, when the prisoner was brought in along with a woman of the name of Bridget Wallis; Wallis produced these two handkerchiefs, she said, she received from the prisoner; she said that in her presence; she said, the prisoner had desired her to put them by in her box, till by-and-by; she lived in the next room to her; I asked the prisoner if she could produce the remainder of the things; she said, that if she had liberty, she could; there were two watchman sent with her, but they came back without the things.

Cross-examined by Mr. Alley. Q. When she said she would get the things, if she was at liberty, she was in custody? - A. Yes.

Q. Then she said that in order to get her liberty? - A. Yes.

Hegerty. These are mine, I know them by the borders.

Bridget Wallis was called, but not appearing, her recognizance was ordered to be estreated.

For the Prisoner.

JAMES MONK sworn. - I know the prosecutrix, she used to be very quarrelsome in the street, when I was patrole last winter; the prisoner is a very hard-working woman, and as far as I know, an honest woman.

Jury. Q. Do you know whether the prosecutrix sold muslins or linens? - A. No; nothing but glasses in a basket.

PATRICK M'CARTHY sworn. - I was coming from work to my dinner, and I saw the prosecutrix jawing another woman and scolding of her, and after the prisoner was in custody, I heard her say, that that was either the woman that robbed her, or a party concerned.

Q. Was she drunk or sober at that time? - A. She was either drunk or mad.

CATHERINE GOULD sworn. - The prisoner lodged with me five years; she is as honest a woman as over walked the streets of London.

NOT GUILTY .

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

Reference Number: t17970920-72

555. SARAH M'CANN and WILLIAM HENRY LLOYD M'CULLOGH were indicted for feloniously stealing, on the 10th of August , in the dwelling-house of Martin Bennet, a leather

pocket-book, value 1s. a Bank-note, value 40l. another Bank-note, value 20l. another Bank-note, value 10l. another Bank-note, value 5l. two other Bank-notes, each of the value of 2l. a bill of Exchange, value 134l. 6s. another bill of Exchange, value 20l. and another bill of Exchange, value 92l. 18s. 6d. the property of John Misne ; and M'Cullogh, for that he, well-knowing the said Sarah to have committed the said felony, afterwards, to wit, on the 24th of August , her the said Sarah, feloniously did receive, harbour and maintain .

(The case was opened by Mr. Knapp).

JOSEPH LANCASTER sworn. - Examined by Mr. Knapp. - I am clerk to Messrs. Ransom, Morland and Co; The note was paid to the prosecutor by Mr. Heslop, another of our clerks, but it is impossible for him to attend on account of the illness of another clerk.

Q. Were you present at the time? - A. No.

JOHN MILNE sworn. - Examined by Mr. Knowlys. I am an army-accoutrement-maker ; On Thursday, the 10th of August, between ten and eleven o'clock at night, I was walking towards Castle-street, Oxford-street, where I live, and at the top of Charing-cross, near the King's-mews, I was stopped by the woman prisoner, she asked me, to the best of recollection, to treat her with a glass of wine; she said, she would take me to a house just by; I had my coat buttoned all the way down, and I had my hands in my pockets; she laid hold of my right arm, my pocket-book was in my inside left hand pocket; she conducted me to a house at the bottom of Spring-gardens, No. 12 ; we were shewn into a back parlour; we stopped there about a quarter of an hour, and I was connected with her; while I was in the room, she asked me to make her a compliment, and told me I must give her half-a-guinea; I told her I would not, for I had not got one; and I gave her a couple of dollars; she said, very well, that will do; then we went away together as far as the end of Buckingham-court; and then she wrapped her petticoats round her, and ran away across the street; I wondered at her running away without saying any things; I stood about a minute, and turned round to go home, I had not got so far as Drummond's, the banker's, before I missed my pocket-book.

Q. At the time the prisoner accosted you, your coat was buttoned up? - A. Yes; and when I went into the house with her, as we were standing by a sofa, she said to me, what is the reason that you have your coat buttoned, and she took hold of the bottom part, and ripped it open; I am sure my coat had not been unbuttoned till then, from the time I left my shop, in Princes-street, Westminster.

Q. When your coat is buttoned, does your pocket-book make an appearance on the outside? - A. Yes; this is the pocket-book in my pocket now, just as it was when I lost it; there was in it, a Bank-note of 40l. a 20l. note, a 10l. note, a 5l. note, two small notes of 2l. a piece, and three bills of Exchange; I have two of the bills of Exchange,(produces them); one of them I have received the money for since; I have never recovered any of the Bank-notes; I had not taken any account of the numbers. On the 9th of this month, the bills of Exchange were sent in the pocket-book, with a string tied round them, and a letter, directed to my wife. (Produces the letter).

Court. Q. Was there any thing in the pocketbook that denoted where you lived? - A. No; I had given information at Bow-street the next day where I lived.

Cross-examined by Mr. Alley. Q. You met this lady at Charing-cross, between eleven and twelve at night? - A. Yes.

Q. Are you a married man? - A. I am.

Q. So you were discreet enough to pick up this lady, and go with her to this house? - A. This lady picked me up.

Q. Do you mean to swear that is the woman you went with? - A. Yes; I can swear it very safely.

Q. Did you not see any gentlemen or ladies in the house? - A. Not one.

Q. How came you to put your pocket-book in your pocket, at that time of night? - A. I owed a half yearly account to Mr. Jackson, a leather merchant, near Golden-square, of 160l. I was going the next morning to settle it.

Q. How long had you been in possession of these notes? - A. The 40l. and the 20l. I received on the 4th of August, they were paid to me for a check of 60l. that I had upon the house of Morland and Co. in Pall-Mall, drawn by Charles Mills.

Q. Did you not ask the lady for her address, and accompany her part of the was home? - A.Upon my oath, I did neither.

Q. Did not she tell you she lived in the neighbourhood of St. George's-fields? - A. No.

Q. Did not the lady desire you to take your coat off, that it might not be powdered, you being a married man? - A. No.

Q. Was not her hair powdered? - A. I cannot say.

Court. Q. Did you take your coat off? - I did not.

Mr. Alley. Q. Did you and the lady come out of the house together? - A. I believe I came out first.

Q. She did not run away then till she got to the end of this court? - A. No.

Q. Did you observe her hand near your coat, after you came out of the house? - A. No.

Q. You did not lend her your arm after you came out? - A. No.

Q. Did you before you went in? - A. No, she took my arm.

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

Q. Did not you say at Bow-street, that you were only tolerable? - A. I had been drinking a glass in the course of the day, as I generally do every day.

Q. Were you accosted by any lady before? - A. No.

Q. You let lodgings yourself, do not you? - A. Yes.

Q. Upon your oath, do not you lodge ladies of the town? - A. I have done, but not now.

MARY PEARCE sworn. - I live in Spring-gardens; On the 18th of August, the prisoner, M'Cann, came to my house with Mr. Milne; I have known her by sight two or three years.

Mr. Alley. Q.Will you undertake to say it was with Mr. Milne, and with no other Gentleman? - A. I am certain it was Mr. Milne; I lighted them in myself.

JOHN REEVES sworn. - Examined by Mr. knowlys. I am a baker, in Union-street, Lambeth; On the 10th of August, after ten o'clock at night, I was knocked up by Mrs. M'Cann, to pay me about 15l. that she owed me; I gave her change out of a 20l note; I do not know the number of it; I paid it to Mr. Peacock, the flourfactor.

Cross-examined by Mr. Alley. Q. What time was it you were knocked up? - A. I cannot say, I was in my first sleep; I generally go to bed at ten.

Q. It could not have been half after eleven? - A. I cannot say; I suppose it to be about half after eleven o'clock.

Q. What distance is your house from Charing-Cross? - A.About three quarters of a mile.

Q. Did you not know that this lady had a very good friend; who gave her large sums of money occasionally? - A. Yes; I have seen large sums of money in her possession.

JOHN PEACOCK sworn. - I am a flour-factor; On Friday, the 11th of August, about eleven in the morning, Mr. Reeves paid me a 20l. Bank; note; I did not take the number of it; I left it with my clerk to pay in with some more cash on the Saturday, at Wilkinson, Pinhorn, and Co's. in the Borough.

Cross-examined by Mr. Alley. Q. Do you recollect any other 20l. note that you had in your possession? - A. I had no other.

Q. You do not know whether your clerk might have any other 20l. note? - A. No.

NATHANIEL SERGEANT sworn. - Examined by Mr. Knowlys. I am clerk to the Borough Bank; I received some money on account of Mr. Peacock, on Saturday, the 12th of August.

Mr. Alley. Q.Have you got your books here? A. No.

Mr. Knowlys. Q. How was that paid in? - A. In notes and money 60l. there was one 20l. note amongst them, and only one.

Q. What was the number of it? - (Looks at a paper).

Mr. Alley. Q. What is that, a copy from your book? - A. Yes.

Q. Can you tell from memory the number of it? - A. No; that is impossible.

MARY HOLLAND sworn. - Examined by Mr. Knowlys. I was servant to Mrs. M'Cann: On Thursday, the 10th of August, my mistress, came home between twelve and one at night, nearly one; on the Saturday morning she gave me and another woman a 10l. note to redeem some pledges from Mrs. Davis's, the pawnbroker; she refused to change it, and Mrs. M'Cann herself came and got the change, and sent me home with some of the things, and took the rest herself; she kept a house in the Westminster-road, next door to the King's-arms; on the Tuesday morning following she went out, and told me she would return again, but she did not till about a week after that, and then she staid only one night; I don't know where she went to live after that, only I saw her just by Finsbury-square one day, and she left it the next.

Cross-examined by Mr. Alley. Q. It was no uncommon thing for your mistress to lodge with any body that chose to ask her? - A. I cannot tell.

Q. Don't you know that it is the trade of unfortunate women so to do? - A. I never interfered with my mistress's business.

Q. Did you ever live with a lady of that sort before? - A. No.

Q. Does not your mistress sometimes go to Margate and Brighton, and those places? - A. Yes.

Mr. Knowlys. Q. Was there any man living with her down to the time that she left her house? - A. Yes, the man prisoner at the bar.

Q. Do you know who lived with her after she was gone from there? - A. The same man.

MARTHA DAVIS sworn. - I am a pawnbroker in St. George's-fields; Mary Holland, Mrs. M'Cann's maid-servant, came to me one Saturday, I think it was to take out some pledges, she had a great number; I gave out nineteen myself; I refused to give her change for a 10l. note; then Mrs. M'Cann came in with a great number of Bank-notes in her hand; she asked me if I could give change for a twenty; I told,her, no, I would give

no change at all, and she seemed to be very much affronted at it.

Cross-examined by Mr. Alley. Q.She had a handfull of Bank-notes; more than six, eight, or ten? - A. I cannot say, there appeared to be a great many; there might be eight, or there might be more.

CHARLES BATES sworn. - I am a shoe-maker, No. 10, Chapel street, Oxford-road; I took a letter to Mr. Milne's, with a packthread tied round it; a lusty woman came to me, and asked me to take that letter to No.75, Castle-street, and she would give me a pot of beer; I should not know her again if I was to see her; it was between eleven and twelve at night.

Q. Was the parcel that you delivered at No. 75, Castle-street, the same that you received from that woman? - A. Yes.

ANDREW QUARRINGTON sworn. - Examined by Mr. Knowlys. Q. Have you seen Mrs. M'Cann write frequently? - A. I have, many times; I have had many letters from her.

Q. Look at that letter, and tell us if it is her hand-writing? - A. I do believe it is.

Cross-examined by Mr. Alley. Q. How many times may you have seen her write altogether? - A. I suppose I may have seen her write twice, once an agreement, and once an authority; and I have had repeated letters brought by this servant, Mary Holland.

Q. You saw her write her name, and her name only, I suppose? - A. Yes.

Q. If you had never received a letter from her, but only seen her write her name twice, would you have undertaken to swear it was her handwriting? - A. Yes, I would.(The Letter read).

"Madam,

"I met your husband sometime ago, whom I did not know, nor would I know if I were to see him; there was another company in the room that went out when we went in; along-side of the sofa I saw a pocket-book; I did not know who it belonged to; but I kept it from Thursday until the Monday; you shall hear more; and I mean to make Mr. Trotter acquainted with the whole transaction, as he is well acquainted with the innocent man Mr. Milne has imprisoned; I am very sorry to hurt you by making you acquainted with this affair."

Addressed, Mrs. Milne, No.75, Castle-street, Oxford-street.

In one corner - "It is his property, and he must likewise acknowledge it to the Court; the other corner of this must be opened before witnesses."

Mr. Knowlys. (To Bates). Q. How thick might the letter be which you say you took? - A.It might be a double letter, it was full as thick as my hand, tied round with a packthread.

Mr. Alley. Q. What was inside, you do not know? - A. No.

Mr. Knowlys. (To Milne). Q. Did you find your pocket-book before this letter arrived? - A.No; when I came home, I found in the possession of my wife my pocket-book, and that letter, with three bills of Exchange.

FRANCIS HESLOP sworn. - Examined by Mr. Knowlys. I am clerk in the house of Messrs. Ransom, Morland, and Co. (produces his book): On the 4th of August I paid a draft of Charles Mills , of 60l. in a 20l. Bank-note, No.9577, dated the 20th of June, and a 40l. Bank-note.

Mr. Knowlys. (To Milne). Q. How did you get that 40l. and 20l. that you received at Ransom, Morland, and Co's.? - A. For a check of 60l. drawn by Charles Mills, which was paid to me by Mr. Heslop; the 20l. note was never out of my pocket-book from the time I received it till I lost it; the other banker's clerk can speak to the note without his book; he has got the note here.

Sergeant. I received this 20l. note of Mr. Peacock on the 12th of August; there is my handwriting upon the back of it, with Mr. Peacock's name; it is No.9577.

Mr. Alley. Q.Have you any customers of the name of Peacock? - A. No.

SAMUEL ABERCROMBIE sworn. - I keep a chandler's-shop in St. George's-row: On a Saturday morning, about a month or five weeks ago, Mrs. M'Cann came to my shop, and asked me to give her change for a 10l. note; I did not change it; she took out of her pocket a parcel of Banknotes in a careless manner, as you would waste paper.

Mr. Alley. Q. There were a great many notes, above 60l. of course? - A. I cannot tell.

JOSEPH TAYLOR sworn. - I am an officer belonging to Bow-street; I apprehended the prisoner on Sunday morning, the 10th of September, at a Mr. Clare's, a broker, in Tottenham court-road; and as we were coming along in the coach, she said that she had sent the pocket-book the evening before to Mrs. Milne.

M'Cann's defence. I had 1300l. from Mr. James Herbert, of Bread-street-hill; I was to have been his wife; I went to him six weeks ago, and met him in the church-yard adjoining his own house; he gave me a 20l note and a 10l. note, to go down to Margate, where he was to have come to me, where he and I always lodge in the summer; I heard that there was a warrant against me, and I thought I would go and deliver myself up to Justice at Bow-street; accordingly I applied to Mr. Quarrington, and asked him what I should do; Mr.

Milne said, he should be very happy to make it up upon my resigning the furniture of the house; Mr. Milne went and looked at the furniture, and before I could get to sell my furniture, they took me.

M'Cullogh was not put upon his defence.

M'Cann GUILTY of stealing the goods, but not in the dwelling-house . (Aged 27.)

Transported for seven years .

M'Cullogh NOT GUILTY .

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17970920-73

556. BARBARA RYAN was indicted for feloniously stealing, on the 29th of August , a cotton gown, value 12s. the property of William Fordyce .

There being an evidence to affect the prisoner, in consequence of the absence of two material witnesses, whose recognizances were ordered to be estreated, the prisoner was

ACQUITTED .

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

Reference Number: t17970920-74

557. ANN SAINSBURY was indicted for breaking and entering the dwelling-house of Matthew Rushworth , about the hour of twelve in the night of the 7th of September , with intent to steal his goods, and burglariously stealing therein twenty cloth coats, value 20l. five cloth waistcoats, value 20s. four jean waistcoats, value 15s. four kerseymere waistcoats, value 14s. four pair of corderoy breeches, value 30s. four pair of velveteen breeches, value 20s. three pair of kerseymere breeches, value 12s. and a cloth jacket and trowsers, value 12s. the property of the said Matthew.

MATTHEW RUSHWORTH sworn. - I live at No.45, Chandos-street, Covent-Garden ; I am a taylor : Last Thursday was a week, I lost the things mentioned in the indictment; they are worth about 30l. my shop was broke open; I had seen them at eleven o'clock the night before; I saw part of them again the next day at Bow-street.

JOSEPH TAYLOR sworn. - I am one of the officers of Bow-street; On the 8th of September, the morning after the robbery, I found six coats at a house, No.3, the back of Hungerford-market, upon a bed in the first floor; the only person in the care of the house was the prisoner; she did not give us any account how she came by them; I took her to Bow-street.

Q. What sort of a house is it? - A. I believe it is kept by thieves; her sister is the landlady.

Prisoner's defence. My father is in the hospital, and I went to sleep with my sister; she had only had the house one week; I sold oysters at the door; and as I was washing the oysters at the door, this gentleman took me; I know no more of the things than the baby that is within me.

NOT GUILTY .

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17970920-75

558. JOHN BROUGH was indicted for feloniously stealing, on the 18th of July , sixteen iron bolts, value 14d. one iron drag hook, value 6d. and five pieces of iron, value 4d. the property of Samuel Hucklebridge .

SAMUEL HUCKLEBRIDGE sworn. - On the 18th of July last, I lost some pieces of iron; the prisoner worked for me; as I was sitting at the Marquis of Granby, in Winslow-street, Oxford-street, I saw him coming out of my yard with his hands in his pockets, and he appeared in some measure agitated, in consequence of which I concluded he had something about him that did not belong to him; John Peckham and I followed him till he got to an iron shop opposite St. Giles's church; I went into the shop, and found him in the act of putting iron into the scale; I seized him, and asked him if he was not a villain to treat me in this manner, after the manner in which I had treated him; he said, he was very sorry for what he had done, and continued employing his pockets; I desired Peckham to tie up the iron, and I took the prisoner to Bow-street, and there a man of the name of Taylor searched him, and found some trifling pieces of iron upon him; the woman denied having bought it; she said, it was offered to her, and put into the scale, but she had not bought it.

JOHN PECKHAM sworn. - I saw the prisoner come out of the prosecutor's yard, having something apparently more than he ought to have; we followed him to an old iron shop, opposite St. Giles's church, where we found him putting it in the scale. (The property was produced, and deposed to by the prosecutor).

Prisoner's defence. I was intoxicated with liquor, I did not know what I was doing, and when I was committed, I was told it was only valued at 10d.

The prisoner called two witnesses, who gave him an excellent character.

GUILTY of stealing goods, value 10d. (Aged 24).

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

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

Reference Number: t17970920-76

559. JOSEPH COURT was indicted for feloniously stealing, on the 9th of August , eight pair of gold ear-rings, value 3l. 16s. one hundred and twenty-one pair of other gold ear-rings, value 74l. 10s. 6d. forty-eight other pair of gold earrings, value 12l. 12s. two hundred and four pair

of other gold ear-rings, value 361. 9s twenty-four other pair of gold ear-ings set with paste, value 61.6s. two thousand four hundred and eighty-eight gold beads value 721. 18S eight hundred and sixty-four gold coloured beads, value, 81. one hundred and forty-four pair of other gold ear-ings, value 201.8S three pair of gold enamelled bracelets, value 91. three shall cases for bracelets, value 6s. six gold medallions, value 9l. thirty-six gold seals, value 331.12s. twelve eggraved gold neck lockets, value 31. and a parcel of leather shoes, value 14s. 8d. the property of John Alexander Mackenzie , John Mackenzie , and Henry Gray , in a lighter belonging to them, upon the navigable river Thames .

second Court. Laying them to be the property of Charles Newton and Moses Levy , in the same vessel.(The case was opened by Mr. knowlys). MOSES LEVY sworn. - Examined by Mr. Knowlys.

I am in partnership with Charles Newton; we packed up some goods to go by the Brunswick for the West-indies, I cannot say the day, I saw them packed myself, they contained a number of articles of jewellery, to the amout of six hundred pounds; I assisted in packing them; all the articles were in a trunk, and at the top of them, two or three dozen of shoes, to fill it up; it was matted; the matting was nailed and corded.

Q. Who converyed it to the Custom-house? - A. Our clerk, William Lyon.

Q. There is a duty, I believe, upon it? - A. There is a draw-back upon the silver.

Mr. Knapp. Q. Have you any other partner than Mr. Netwon? - A.No.

Mr. Knapp. Q. Was that trunk afterwards brought back? - A. I saw it at the house of Mr. Mackenzie, I think, on the Friday, to the best of my recollection, two or three days after I had sent it.

Q. Did it then cntain the same things that you packed? - A. No; all the articles that I have heard read in the indictment wre missing.

Mr. Knapp. Q. What are you and Mr. Newton? - A. Merchants.

Q. Of course you employ a great number of persons in your accompting-house? - A. No; only a clerk and a boy.

Q. Do you always pack your own goods? - A. Most generally.

Q. And you did it that time? - A. Yes.

Q. Did you make any inventory of them? - A. Yes, I did.

WILLIAM LYON sworn. - Examined by Mr. knowlys, I am clerk to Messrs. Newton and Levy; I saw the box taken down to the Custom-house.

Q. At the Custom-house it is searched? - A. Yes; I was present during the time the fresh was going on; it was secured again in the same manner as when it came out of our warehouse; the jewellery was packed in small boxes, and appeared to be compleat.

Q. You attended the search, and inspected them as narrowly as you could? - A Yes; I went back then to Galley-quay; I went with it, and saw it delivered to one John Haynes, a tackle-porter, belonging to the Goldsmiths' company; I saw him put it upon the quay; it was lest in his charge under the care of Mr. Gray, one of the lightermen.

Cross-examined by Mr. Knapp. q. The trunk contained the same number of boxes? - A. Yes.

But what they contained you do not know, any farther than what you saw at your master's house? - A. I saw them put in again.

JOHN HAYNE sworn-Examined by Mr. knowlys. I am a tackle-porter belonging to the Goldsmiths' company.

Q. Did you receive any trunk from Mr. lyon, upon the 8th of August? - A. I did; I gave the note, which Mr. Lyon gave to me, and the trunk, to Mr. Mackenzie; I put the trunk into the Goldsmiths' warehouse by Mr. Mackenzie's desire, because it was of value; a little after that, the searchers from the costom-houre came and took it away to examine it, with Mr. Lyon, and in half an hour hey brought it me back again; I then put it down by the waterside; I delivered it into the hands of Joseph Court and William Smith , the lightermen.

Q. Look round, and see if you see either of them? - A. That is the man, Joseph Court.

Crosss-examined by Mr. Knapp. Q. You put the trunk into the warehouse? - A. Yes.

Q. Into what part of the warehouse? - A. A little way in.

Q. How long did you leave it there? - A. From half past eleven to near three.

Q. That is three hours? - A. Yes.

Q.Whose warehouse is it? - A. It is the Goldsmiths' porters' warehouse; it is a receptacle of goods for ourselves.

Q.There are other persons besides yourself belonging to the Goldsmiths' company; how many tackle-porters are tehre belonging to the Goldsmiths' company? - A. Five; there were only two there.

Q. Your fellow tackele-porter had access to the warehouse? - A. Yes.

Q. And they remained there the best part of three hours? - A. Yes.

Q. It was put down by the water-side? - A. Yes; after coming from the search, about three or four feel from the water-side.

Q. Were there a great many people there - A. Yes; passing and repassing.

Q. How long did it lie there? - A. Nearly half an hour.

Q. Upon the qnays? - A. Yes; I was by it then, and never lost fight of it.

Q. Was Mr. Gray by it to? - A. A great part of the time.

HENRY GRAY sworn. - I am in partnership with John Alexander Mackenzie, and John Mackenzie , lightermen, the prisoner was our servant; I saw Haines deliver it to my servants, Court and Smith.

Q. Did it appear to be properly packed? - A. Yes; it was to be delivered on board the Brunswick, lying at Deptford, bound for Jamaica, it was delivered about half past three, the lighter was to go the next morning; there were a great many other goods in the lighter at the same time.

Q. In consequence of any information that you received, was the box brought back to you? - A. Yes; on Tuesday the 8th.

Q. Were you present when it was examined by Mr. Levy? - A. I was not.

Q. In what state was it, when it was broght back? - A. To all appearance the same as before.

Q. Did you see it taken out of the ship? - A. Yes; we waited best part of two hours before it could be cleared of the goods that were upon it, in consequence of some information, a constable was provided and waiting ready at our accompting-house; the prisoner came in on the evening of Wednesday the 9th of August, and I gave him in charge.

Q. At the time you gave the prisoner in charge, whereabouts was he? - A. He was then sitting near me upon an iron chest.

Q.When you had given the constable charge of him, did Mr. Mackenzie come in? - A. Yes; Mr. John Alexander Mackenzie came in while the constable was searching the prisoner.

Q. Had any body, at that time, explained what he was charged with? - A. No, not a syllable of the kind; Mr. Mackenzie said to the prisoner, Joe, how could you serve me in this manner, I could not have supposed that you would.

Court. Q. Was any thing said to him by way of promise? - A. No, he had not been in the accompting-house a minute; not a word had passed, excepting his giving me receipts from the mate of the shrp; he said immediately, I am a bad man, I throw my life into your hands; it was the Yorkshireman that enticed me, meaning Smith, the watchman, who has absconded; he was then secured by the officer, and as they were leading him out, he said, there is a parcel lying down by the iron chest, which I looked for, and found it between two packages, it was taken by the officer, and opened in my presence, it contained eight pair of gold ear-rings, the constable has them.

Cross-examined by Mr. Knapp. Q. The Yorkshireman was the watchman? - A. Yes.

Q. That watchman has escaped, he is off? - A. Yes.

Q.Even when he said what you say he did, that he was a bad man, he did not tell you what he had done? - A. No.

Q. He might allude to that or any thing else, for what you know, from what he said? - A.Undoubtedly.

Q. He, throwing the blame on the Yorkshireman, told you where to find this parcel? - A. Yes.

Q. It was on the 8th of August that it was put on board the lighter? - A. Yes.

Q. And this conversation was on the 9th? - A. Yes.

Q. So that he was there, and did not get out of the way at all? - A. He left the lighter at four o'clock, and came back again in the evening.

Mr. Knowlys. Q. You had not given him information that any thing was missing? - A. No.

Mr. Knapp. Q. In what situation was this lighter, was it in dock, or creek, or where? - A. It was on the river, close by the wharf.

JOHN ALEXANDER MACKENZIE sworn. - Examined by Mr. Knowlys. The prisoner came into our accompting-house on the 9th of August, and the moment I came in, I saw Court there; I said to him, Joe, how could you use me in this manner; he said, sir, I am a bad man, I have been enticed by the Yorkshireman, my life is in your hands.

Q. Had you explained to him what you meant to charge him with? - A. No; I was not present when the parcel was found.

Q. Have you a perfect recollection of what was said by the constable and Mr. Gray? - A. Yes.

Q. You did not say it would be better for him to confess? - A. No.

Q. Nor the constable in your presence? - A. No.

Q. How long has he worked for you? - A.Between six and seven years; I always had a good opinion of him up to this time.

WILLIAM ELDIN sworn. - Examined by Mr. Knowlys. I am a constable belonging to the Police Office, Shadwell; I was sent for to Mr. Mackenzie's to apprehend the prisoner, when he came home, about nine o'clock in the evening; I took charge of him, and began to search him; I searched him, but found nothing at all upon him; I heard Mr. John Alexander Mackenzie say what a bad fellow he must have been, and they were talking, and I went out of the accompting-house; I did

not take particular notice of what passed; I secured the prisoner, and coming out of the accompting-house, after he was secured, he told me to look down, and pointed to the iron chest, I did so, and found this parcel, (produces it;) it contains eight pair of gold ear-rings in a paper, I have had it in my possession ever since.

Q. Where was the prisoner when you searched him? - A. Standing by the iron chest.

Cross-examined by Mr. Knapp. Q. Do you recollect any thing more than what you have said about the conversation? - A. After I had found the property, he said, he would leave his life in his master's hands.

Q.(To Leuy.) Look at these ear-rings, are those your property? - A. To the best of my recollection they are; here is my own hand-writing upon the outside of it.

Q. Were they packed up in papers when they were put into the box? - A. They were; here is my private mark to it.

Q. What is the value of these ear-rings? - A.Three pounds sixteen shillings.

Q. What is the value of the whole that was missing? - A. Two hundred and thirty-seven pounds to the best of my recollection actually lost that has never been recovered.

The prisoner left his defence to his Counsel.

THOMAS NAATHA BOY sworn. - I am a watchman.

Q. Do you know where the lighter of Messrs. Mackenzie's lay in the night? - A. Yes, next to Chester quay; I went upon duty at twelve o'clock at night, and staid till six o'clock in the morning.

Q. Do you know the person of William Smith ? - A. Yes, I know him very well.

Q.During the night, did you see him going backwards and forwards over the quay from the vessel to the shore? - A. Yes.

Q. Do you know Joseph Court? - A. Yes.

Q. Did you observe him going backwards and forwards? - A. I did not observe him.

Q. If he had been going backwards and forwards, you had the same opportunity of seeing him that you had of seeing Smith? - A. Yes.

Q. But you did not see him? - A. No.

Q. Did you see Smith put her ourtide of the pier? - A. Yes; he had got her ready to go down before Court came.

Court. Q.Did not you think it very odd? - A. He said, he was going to call Joe Court.

Court. Q. But you saw him backwards and forwards several times? - A. Yes; he said he could not get him up, and he went to call him again.

The prisoner called four witnesset, who had known him from ten to fourteen years, and gave him a good character.

GUILTY of stealing goods, value 39s.

Transported for seven years .

Tried by the first London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-77

560. JOHN SMITH was indicted for feloniously stealing, on the 29th of August , three pounds weight of raw sugar, value 1s. 6d. the property of John Blatch , Samuel Solley , John Aultin , Richard Knight , John Treedwell , Robert Gordon , John Shepherd , Thomas Arnold , William Evans , and John Hole .

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

- LUCAS sworn. - Examined by Mr. Knowlys. I am a wharfinger; On the 29th of August last, I was on Sab's quay , between the hours of two and three; I observed the prisoner taking sugar from one of the hogsheads, and apparently putting it into his trowsers; I went up to him, and desired he would return it into the hogshead again; he did not appear disposed to do that, and I said hold of him for the purpose of delivering him in charge of the gangsmen or of the constable; upon attempting to search him for the sugar, he rather hesitated, and a scuffle ensued; my had was knocked off; and in attempting to recover it, he slipped away; I pursued him up one of the avenues into Thames-street, close at his heels; he turned to the right hand; there was a stoppage of carts that stopped his running, and he turned down one of the gateways towards the quays again; in that gateway I overtook him, struck him, and he fell down; he was then taken in charge by the constable and gangsmen, and the property was taken from him by them; he had 2 large bag tied before him, under his apron; there was nothing in that, I believe; the sugar was in his trowsers.

Q. Had you known this man before? - A. Yes, very well.

(William Green, the constable, produced the bag that was taken from under his apron, and the sugar.

JOHN BLATCH sworn. Examined by Mr. Knowlys. I am one of the gangsmen belonging to Sali's quay.

Q. Who are your partners? - A. Samuel Solley , John Austin , Richard Knight, John Pread well, Robert Gordon , John Shepherd, Thomas Arnold, William Evans, and John Hole.

Prisoner's defence. I only took a lump out of the hogshead, and took a bite of it, and Mr. Lucas

came up to me, and desired me to put it down again, and I did.

GUILTY (Aged 27.)

Transported for seven years .

Tried by the first London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-78

561. WILLIAM PAUL was indicted for feloniously stealing, on the 8th of September , four pounds of raw coffee, value 3s. the property of Thomas Bolt , William Chandler , and Benjamin Lyne .

Second Court. Laying it to be the property of Thomas Bolt.

Third Court. Laying it to be the property of certain persons unknown.

(The case was opened by Mr. Knowys).

JOHN SCOFIELD sworn. - Examined by Mr. Knowlys. I am an Excise locker; the prisoner was employed in Mr. Bolt's warehouse as a cooper ; as the prisoner was coming along him; and I suspected he had something about him; I communicated my suspicion to Mr. Scovel, who is a Custom-house locker; I went up to the prisoner and stopped him, and began to feel on the outside where I had some suspicion he had got some, and there I felt some coffee-grains; upon which I told him, I believed he had coffee there; he told me he had a little, but he hoped I would let him put it down and go about his business, as he had a wife and family; I told him he must put it into the scales, as it must be weighed; he went up to the scales, and unbuttoned the top part of his breeches, and let all the looie coffee into the scale; it was raw coffee; there were four pounds of it; I sent for a constable, and he took charge of him.

Q. Was that such coffee as was in the warehouse? - A. I cannot answer for that; there was raw coffee in the warehouse.

Q. Are the hogsheads open? - A. Some of them.

Mr. Alley. Q. You did not miss any coffee, I dare say? - A. No, there was none missing.

THOMAS BOLT sworn. Q. What is the value of raw coffee? - A. I cannot say, I am not a judge of the value; it depends upon the quality.

Q. Is there much coffee in this warehouse? - A. Yes, three or four hundred casks; it is under the King's lock.

DONALD MONRO sworn. I am a constable: The prisoner was given in charge to me. (Produces the coffee).

WILLIAM CHANDLER sworn. - I am the Custom-house-keeper of this warehouse of Mr. Bolt's; I had the key on the part of the Customs.

Q. Is that the kind of coffee that was in your, warehouse at that time? - A. Yes, it is.

Q.Whereabouts is the value of that coffee? - A.About sixpence a pound.

Mr. Alley. Q. You will not pretend to say that the whole of it is worth more than eight pence or ten-pence? - A. No.

The prisoner left his defence to his Counsel, and called five witnesses, who gave him a good character. GUILTY of stealing goods, value 11d. (Aged 26). Confined six months in the House of Correction , and fined 1s.

Tried by the first London Jury, before The LORD CHIEF BARON.

Reference Number: t17970920-79

562. CHARLES MACLEAN was indicted for feloniously stealing, on the 7th of September , two pounds of raw coffee, value 1s. the property of William Lingham , William Chandler , and Benjamin Lyne .

Second Court. Laying it to be the property of William Lingham .

Third Court. Laying it to be the property of certain persons unknown.

(The case was opened by Mr. Knowlys.)

JOHN PRICE sworn. - Examined by Mr. Knowlys. I am a Custom-house locker: I was stationed at Mr. Lingham's warehouse, on the 7th of September, it is situated in Lower Thames-street ; the prisoner was a labourer at work in the warehouse, it is a coffee-warehouse; I saw the prisoner come from the back part of the warehouse, and he said he was paid off; what, says I, are you paid off before dinner; says I, what are you come here for; he said, he went in there for his jacket, or his apron, and I told him I must examine him befor he went out of the warehouse; I rubbed him down the side, and felt something hard inside of his breeches; I asked him what he had got there; and he said it was a little bit for his own use; I told him he must take it out; he begged of me to let him go; I told him I could not do any such thing; and he took it out of the fore part of his breeches, (produces it in a small bag); it is exactly as I took it from him. I here is nothing but coffee and cocoa in that warehouse, the heads of the coffee casks are many of them open.

Q. How much is there of it? - A.Upwards of two pounds; I am no judge of coffee, but in my opinion it is very iferior.

Q. Is it worth sixpence? - A. I cannot pretend to say.

WILLIAM LINGHAM sworn. Examined by Mr. Knowlys. Q.Who is the proprietor of the warehouse where the prisoner was labourer? - A. I am.

Q. Do you know any thing of coffee-whereabout is the value of these two pounds? - A. It is

a good deal damaged; it is worth about sixpence, I suppose.

Q.Coffee is deposited in your warehouses under the King's lock? - A. Yes.

Prisoner's defence. I went into the warehouse and put my coat on, I found it concealed under my coat, upon the head of the cask; I concluded, when I saw the officer, that he would, of course, accuse me of it, and I endeavoured to conceal it between my thighs, and he searched me and found it there.

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

GUILTY of stealing goods, value 11d. (Aged 36).

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

Tried by the first London Jury, before The LORD CHIEF BARON.

Reference Number: t17970920-80

563. ANN WALKER was indicted for feloniously stealing, on the 2d of September , a pewter pint pot, value 6d. the property of John Biggs .

JOHN BIGGS sworn. I am a publican ; I keep the Blue Last, Blackfriars : On the 2d of September, between eleven and twelve o'clock at night, the prisoner came into the tap-room, and had nothing to drink; I missed a pint pot the moment she was gone; it was upon the table in the taproom; I went after her, and caught her with the pot in her apron upon Ludgate-hill. (The watchman produced the pot. which was deposed to by the prosecutor.)

ANTHONY CHRISTIE sworn. I am a constable: I took charge of the prisoner at the watch-house.

Prisoner's defence. I was very much in liquor, and did not know what I did.

GUILTY (Aged 44.)

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

Tried by the second London Jury, before The LORD CHIEF BANOS.

Reference Number: t17970920-81

564. JOHN WARD was indicted for feloniously stealing, on the 29th of August , a leather pocket book, value 6d. the property of Job Hay .

JOB HAY sworn. I was coming through Temple-bar , and lost my pocket-book.

Court. Q.On the other side of Temple-bar? - A. Yes; he dropped it, and turned round and begged my pardon; he then ran through the Bar, up Shire-lare.

Court. Then the prisoner must be acquitted, the offence is alledged by this indictment to be committed in the City of London.

NOT GUILTY .

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

Reference Number: t17970920-82

565. MICHAEL SULLIVAN was indicted for feloniously stealing, on the 8th of July , a pair of thickset breeches, value 9s. the property of Frederick Wagner .

William Mason , the constable, who had possession of the property, not appearing, his recognigance was ordered to be estreated, and the prisoner

ACQUITTED .

Tried by the second London Jury, before The LORD CHIEN BARON.

Reference Number: t17970920-83

566. MARY GUILE was indicted for felonionsly stealing, on the 12th of September , says yards and a quarter of cotton, value 18s. two yards of other printed cotton, value 3s. a yard of other printed cotton, value 2s. 6d. and a property of Joseph Shepherd , privately in his shop .

JOSEPH SHEPHERD sworn. - I live in Aldgate High-street ; I am a linen-draper ; the prisoner came into my shop in company with another person; I was serving a customer at the time they came in; after they had been in the shop some time, I went to them; my young man was serving the prisoner and her companion; I endeavoured to serve them with some printed cottons for some time; the prisoner at the bar appeared to be a little in liquor; I shewed her several articles, she requested several times to know the lowest price, and I told her that was the lowest price, and if she did not approve of it, to go somewhere else; I found there was no serving of her, and so I left her; my wife came to me, and told me that there was a piece of cotton sell down upon the ground, and she had drawn it up; in consequence of that, I looked at the remnant of print, and then went over to other side of the counter where the prisoner was, suspecting she might have something aside, as she had a long cloak upon her; I turned aside her cloak, and another remnant of print dropped from underneath; and there was another gown piece some where about her, but I do not know where it was attached to, that my wife laid hold of; after the prisoner saw that she was detected, she seemed very much alarmed, and was very refractory; I offered to search her, and she sat down on the ground, and said, she was with child; I desired a neighbour to stay with her till I got a constable; after she was detected, the person that came in with her, I saw on the other side of the way in a different habit, she had taken off her cloak and bonnet, or something; she was then taken to the Magistrate.

Mrs. SHEPHERD sworn. - I am the wife of the last witness: On the 12th of September, the prisoner came into our shop; as she was looking at some printed cottons, I saw a piece drop from behind her upon the ground; I took it up, and called

Mr. Shepherd; I asked him if he had sold it, her, he said, he had not; he came on the side on which the prisoner was standing, and threw her cloak aside; I then observed another remnant of print fall from her waist, which I took from the ground, likewise a piece that she had tied round her waist; I took out a gown piece which she had tucked in her handkerchief, and gave it to Mr. Shepherd; the constable has got the property.

RICHARD NIBLEY sworn. - I am a constable: I was sent for to take the prisoner; I had the things given me in charge; the ward-beadle was there before me. (The property was produced, and deposed to by the prosecutor).

Court. Q. What is the value of these things? - A. About two and twenty shillings.

Prisoner's defence I was a little in liquor, I went in to buy something, and another woman came in after me, and he said, he could not serve two at once; and then the prosecutor's wife said, there was a mouse in my bosom; upon that, this other woman ran away, and the prosecutor went out after her; when he came back again, he brought a constable, and took me into custody; I do not know any thing of the property being upon the ground.

GUILTY of stealing, but not privately . (Aged 22).

Transported for seven years .

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

Reference Number: t17970920-84

567. SARAH ROTHERY , otherwise CLARK , was indicted for feloniously stealing, on the 26th of August , two printed cotton shawls, value 4s. the property of Thomas Richardson .(The prosecutor was called, but not appearing, his recognizance was ordered to be estreated.

NOT GUILTY .

Tried by the first London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-85

568. SARAH CONGO was indicted for feloniously stealing, on the 4th of August , a cotton gown, value 6s. 6d. a marcella petticoat, value 4s. two muslin aprons, value 2s. a linen apron, value 2s. two muslin handkerchiefs, value 1s. three cotton handkerchiefs, value 1s. two muslin caps, value 1s. a linen cap, value 4d. three yards of ribbon, value 1s. three pair of cotton stockings, value 1s. half a yard of printed cotton, value 6l. half a yard of printed cloth, value 6d. and half a pound of soap, value 3d. the property of Charlotte Marshall , spinster .

CHARLOTTE MARSHALL sworn. - I live at No. 33, Warwick-lane; I am a servant out of place, I went to lodge with the prisoner's mother about a fortnight before the 4th of August, at No. 2, Garter-court, Barbican ; during the time I lived there, the prisoner lived at home with her mother; her husband was away; I left my lodgings a little after three on the 4th of August; I left the prisoner at home in the room alone; I returned again about seven in the evening; I went to my box, and found the lock was open; it had not been broke, but had been opened; I left it locked; I missed the things mentioned in the indictment; I found nobody in the room at all; the prisoner was gone out; I waited a little while, and finding she did not come in, I went to her mother, and, by her directions, found the prisoner in the evening in St. Catherine's, by the water side; she had one cap, one shawl, and a piece of cotton belonging to me upon her; I desired the watchman to take charge of her, and he took her to the watch-house; I waited till the officer of the night came, and he took the things of me; the constable has them; the next morning I went to attend at the Public-office, Lambeth-street, and the prisoner there said, my marcella petticoat was pledged at Mr. Matthews's, in the Minories; she said, she did not know any thing of the rest of the things; I went to the pawnbroker's for the petticoat, and there I saw a gown of my property which he has; I have not found any of my other things; the pawnbroker and constable are neither of them here.(The pawnbroker and constable were called, but not appearing, their recognizances were ordered to be estreated.)

The prisoner did not say any thing in her defence.

GUILTY (Aged 30.)

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

Tried by the first London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-86

569. WILLIAM CLARK was indicted for feloniously stealing, on the 19th of July , eighteen pair of men's leather soles, value 5s. the property of Nathaniel Soames .

NATHANIEL SOAMES sworn. - I am a shoemaker , in Ludgate-street ; the prisoner at the bar was a carpenter at work at my house to plane some cutting-boards, such as we use in the business; I know nothing of the circumstances attending the robbery.

Cross-examined by Mr. Alley. Q. These were square pieces of leather, cut for the purpose of soles? - A. Yes; they were squares of leather.

They are to be converted into soles; they are not soles till they are cut to the proper shape? - A. Yes, they are.

Q.Your men might cut them into heels? - A. No, they never do.

Mr. Alley took an objection, that they were not soles till they had been cut into the proper shape.

The Court over-ruled the objection, as that being the name by which they are known to the trade.

Mr. Alley contended, that they could not be right pair of soles, unless they all matched, which was also overruled by the Court.

JOHN DUPREE sworn. - On the 19th of July, about half past eight o'clock, I was at work in my master's shop, and I perceived a light shine through a hole at the top of the stair-case that leads into the leather cellar; I was afraid something might be on fire, and I put my foot down one stair; I stooped and looked through a hole, and saw a man's arm with his shirt sleeves tucked up; I told my shop-mates I believed the carpenter was there; we suspected him, and when he came up, we searched him, and found eight pair of men's leather soles in his apron, under his tools; he had done his work, and was then going away. (The constable produced the property.)

Mr. Alley. Q. Were they not mixed with other leather after they were taken from the prisoner? - A.No, they were not; they are Mr. Soames's property; Mr. Blow wrote upon them at the time.

RICHARD BLOW sworn. - I am clicker to Mr. Soames; I saw the property found in the prisoner's lap; I marked them when they were taken from him; these are the same.

Prisoner's defence. I went into the cellar to get a knife to use as a screw-driver, and when I came up the leather by mistake was amongst my tools.

The prisoner called Mr. Charles Child, Mr. William Moore, chemist, in Fleet-street, and Mr. Harlow, carpenter, in Blacksriars, who all gave him an excellent character.

Mr. Harlow said, he would take him again if he was discharged directly.

GUILTY (Aged 27.)

Fined 1s. and discharged.

Tried by the first London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-87

570. GEORGE HARVEY was indicted for feloniously stealing, on the 27th of July , a silk handkerchief, value 10d. the property of James Askew .(The prosecutor was called, but not appearing, his recognizance was ordered to be estreated.

NOT GUILTY .

Tried by the first London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-88

571. JOHN FORD was indicted for feloniously stealing, on the 14th of August , thirty-six halfpence , the property of Elizabeth Curtis , widow .

ELIZABETH CURTIS sworn. - I am a publican ; I keep the Best, in Church-row, Aldgate : On the 14th of August I was called up between five and six o'clock in the morning; the prisoner lodged in my house; when I came down, Mr. Layton and he were both standing in the passage together; the prisoner said, Mrs. Curtis, forgive me, I never was in the bar before; I told him that I had suffered too much; I went out and fetched a constable; he came with me, and searched him, and took from him eighteen pennyworth of halfpence that he had taken out of the bar, and he took him into custody.

GEORGE LAYTON sworn. - I am a carpenter; I set up all night on Sunday evening to watch the bar; we suspected that somebody stole the pots in the night; and about a quarter after five on the Monday morning the prisoner came down; I saw him go into the bar; when he was coming out again, I jumped up from where I was sitting, and said, oh, I have got you at last; he begged of me to let him go, and I told him I would not; I had a rattle in one hand, and a sword in the other; I sprung the rattle, and one of the lodgers came down; I did not see him go to the till, the bar was dark, and he shut the door after him when he went in, but he had the halfpence in his hand when he came out; I had marked six pennyworth of halfpence the night before; they were marked the last thing; and among those that he had in his hand, were three I had marked; I went to the till afterwards, and found the remainder of the six pennyworth in the till; I delivered them to the constable.

GEORGE TIPPER sworn. - I am a constable.(Produces three halfpence.)

Layton. These are three of the halfpence that I marked; here is the punch that I marked them with.

Prisoner's defence. I had affronted Mr. Layton, and he said he would lay a snare for me, and would do for me; and when I came down on Monday morning, he laid hold of me, and said, I had been robbing the till.

GUILTY (Aged 30.)

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

Tried by the first London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-89

572. GEORGE PATTERSON was indicted for feloniously stealing, on the 16th of September , four silk handkerchiefs, value 20s. the property of William Thompson , privately in his shop .

WILLIAM THOMPSON sworn. - I am a linen-draper in Fleet-street : On the 16th of this month, the prisoner at the bar came in, and wanted to buy some handkerchiefs; I attended him myself, and shewed him several; he agreed for one, desired I would cut it off, and he would call for it in a few minutes; I did not cut it off; he had a short jacket on, upon his turning round to go out, I discovered between his thighs a piece of silk handkerchiefs folded up; I called to him, but he did not come; I called stop thief, sent a man after him, and he was brought back with the handkerchief.

Court. Q. Who was in the shop besides you? - A.Two servants, besides myself and a customer.

Court. Q. Are they attending here? - A. No.

Court. Q.Then, for what you know, they night have seen it? - A. They say not.

JOHN CHURCH sworn. - I am shopman to Mr. Thompson; I saw the prisoner come in; Mr. Thompson came over the counter as soon as he was gone, and called stop thief; I went after him; he ran down Bride-lane; I observed the silk handkerchiefs in his hand as he was running, there were four of them in one piece; in turning round Bridge-court, he fell down, and I detected him; I took the prisoner, and had him back to my master, Mr. Thompson; I delivered the handkerchiefs to my master, and got a constable.

JOHN WEATHERBY sworn. - I was sent for to take charge of the prisoner; Mr. Thompson gave him into my charge, with the handkerchiefs.(Produces them.)

Mr. Thompson. These are my handkerchiefs, they have my mark upon them; they are the same that I delivered to the constable.

Church. These are the same handerchiefs that I took from the prisoner.

Prisoner's defence. I have lost one arm, and the use of great part of one side of me, that it is totally impossible I should be able to hold them between my thighs.

GUILTY of stealing, but not privately . (Aged 32.)

Transported for seven years .

Tried by the second London Jury, before The LORD CHIEF BARON.

Reference Number: t17970920-90

573. MARY SMITH was indicted for feloniously stealing, on the 12th of August , five yards and a quarter of printed cotton, value 15s. two chintz shawls, value 5s. and a chintz half shawl, value 2s. 6d. the property of Ralph Read , privately in his shop .

RALPH READ sworn. - I am a linen-draper; I live in Fleet-market : On the 12th of August, about ten o'clock in the morning, I was out upon business; when I returned, the prisoner was purchasing goods; I was on the same side of the counter that she was; I saw her put her hand to her pocket-hole, and attempted, as I thought, to draw something up her cloaths; I told her I suspected the had got more that belonged to her; she said, she had not, and that instant a piece of printed cotton fell upon the floor; I cannot say that it dropped from her, but it was lying down close by her; previous to my speaking to her it was not there; she begged that I would not hurt her, that she was an unfortunate woman; I asked her if she had got any thing else; she said, she had not; I sent for a constable, and, in the mean time, she set herself upon a stool, and put her head to her pocket hole, and pulled out two and a half of chintz shawls; I took them from her, and delivered the property to the constable.

Cross-examined by Mr. Knapp. Q.Have you any partner? - A. No; nobody at all.

Q. Had she any thing in her apron in a bundle? - A. I do not know, I did not observe that she had.

WILLIAM CHERRIS sworn. - I am the patrole of St. Bride's; about ten o'clock in the morning on the 12th of August, I was going past the prosecutor's door, and he called me in and gave me charge of the prisoener at the bar. (Produces the property.)

Read. This is my property, it has my mark upon it.

Q. What is the value of them? - A.Twenty shillings.

Cross-examined by Mr. Knapp. Q. You have more cottons of the same sort, I take it for granted, in your shop? - A. No, I have not; this is a gown-patch.

Q. These shawls have your private mark? - A. Yes.

Q.And when they are sold, you do not take out your mark? - A.No.

Q. Then such a shawl might get into the world, and into another person's hands? - A. It might, but it is very unlikely.

Prisoner's defence. I had some meat and some plumbs when the gentleman laid hold of me; the gentleman said, that as the shawls were stained, I must have had them, for the stain of the meat had come through my apron on to the shawls as I stood at the counter.

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

GUILTY of stealing, but not privately . (Aged 19.)

Transported for seven years .

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

Reference Number: t17970920-91

574. ANN DUCKWORTH and PENELOPE CHAPMAN were indicted for feloniously

stealing, on the 26th of August , a pair of leather gloves, value 6d. a pair of cotton stockings, value 2s. a silk handkerchief, value 2d. two Bank-notes, each of the value of 10l. and two Bank-notes, each of the value of 5l. the property of John Bates .

JOHN BATES sworn. - I lost the property mentioned in the indictment, about a quarter before eight in the morning of the 26th of August; I am a looking glass frame-maker ; I went to Mr. Mullett's, in Moorfields, with some looking-glasses; when I returned, I met three that were school-fellows of mine, and we went and had something to drink together; we had two or three pots of ale together, or three or four; they were for going into the country; I was for going home to breakfast; I parted with them, and my property was all safe then; going along Bishopsgate-street I met with an old shop-mate that I had worked with, and we went and had a pint of ale together, and then another, that made a pot; after leaving of him, I started for home; this was at the corner of Sun-street; it was then between one and two; I was going towards home, past Angel-alley, I met these two unfortunate women; I was taken a little sickly; I cast up my accounts against the wall; then these two women came up, and I said to that woman (Chapman), that I would be very glad if she could tell me of any public-house near that I might lie down for an hour; her answer was, that she was the landlady of the Cock public-house, up that alley; she took me into a house, and told me I was welcome to lie down there as long as I liked; the other person walked on the other side of me, and instead of taking me to the Cock public-house (I have been to see the curiosity since), they took me to a house nearly adjoining to the Cock public-house; I asked Chapman the way to the bed, and she shewed me to the door; at the room-door I gave a shilling, which was her request, to Duckworth; then she left the room-door; I do not know that the set her foot within the door; she left me, and I laid down upon the bed in my cloaths; I then pulled out my pocket-book, to look if my notes were there; they were safe, and I put it in my left-hand coat-pocket, and buttoned it up; I had a bit of a bundle at the time, which contained a pair of gloves and a pair of cotton stockings, which I had bought that morning; I laid them upon the drawer-head; I lay and slept for about two hours, or two hours and a quarter; when I awoke, it was with a hook under my chin; there were four hooks proceeding from one stem; it was tied up to one of the bed-posts; it was fixed under my left jaw; when I went to lay down upon the bed, I am confident sure there was no such thing there; whether it was the prick of the hook that awoke me, or whether I awoke of my own accord, I cannot tell; I pulled it down very hard, to try if I could break it, but I could not; I cut the string, and went to take any bundle from the head of the drawer, and in the room of my own bundle, I found a bundle with a woman's shawl and a child's dirty shirt tied up, with two padlocks; I searched for my money, and found that right; I began to sing out, but nobody answered me; I went down stairs, and every door in the house was open; my pocket-book I never examined at that time; finding my money right, I had no apprehension; when I came down stairs I went to a constable, and then I missed my notes out of my pocket book; my pocket book was put into my pocket again in the same manner, and buttoned up the same as I had put it; the constable asked me if I should know them; I said, yes; I described the people, and he went out, and in about an hour brought them to me; I said, they were the two people; I have never seen my notes since.

THOMAS SAPWELL sworn. - I am a constable; I apprehended the prisoners in Angel-alley, Bishopsgate-street; the prosecutor applied to me to apprehend them, which I did immediately; I searched them both, but found nothing; I searched their lodgings, but found nothing; this is the book which I received of the prosecutor, I found this piece of cord by the bed-post.

The prisoners put in a written defence, stating, that they had not been used to speak in public, and begging to be indulged with having it read; that they were so poor, as not to have it in their power to employ Counsel; that the prosecutor and another man had been with them the night before, and slept with them, that they were both very drunk; and that when they went away, the prosecutor took with him a shawl, a child's shirt, two padlocks, and four hooks,which had been used for roasting meat by the fire, and that they were perfectly innocent of the crime alledged against them.

Court. (To Bates). Q. You have heard this narrative that has been read? - A. Yes; not a word of it is true.

Both NOT GUILTY .

Tried by the second London Jury, before The LORD CHIEF BARON.

Reference Number: t17970920-92

575. WILLIAM SMITH was indicted for feloniously stealing, on the 18th of September , a leather pocket-book, value 2s. the property of Hugh Saville .

HUGH SAVILLE sworn. - I am a mariner : On Monday, the 18th of this month, between the hours of twelve and one, I was walking down Cheapside ; the prisoner came along-side of me, and put his hand into my pocket; I felt my pocketbook going out of my pocket; I turned round immediately, and took him by the collar, and I took

my book from underneath his coat, and I kept him in custody till an officer took charge of him; he was taken to the Mansion-house, and committed.

RICHARD SHIPMAN sworn. - I am a mariner; I was walking with Mr. Saville on Monday, the 18th, about one o'clock, and, a little below Bow-church, he snatched his arm from mine, turned round, and seized the prisoner by the collar, and told him he had robbed him; he immediately took told of his coat, and underneath it was his pocketbook.

The prisoner did not say any thing in his defence.

GUILTY . (Aged 18.)

Transported for seven years .

Tried by the second London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-93

576. JAMES MOORE was indicted for feloniously stealing, on the 19th of July , a cotton handkerchief, value 2s. the property of George Brown .

GEORGE BROWN sworn. - I live at No. 33, James-street, Manchester-square: On Tuesday, the 19th of July, about half past eleven o'clock, I was going down Long-lane, Smithfield , and felt a man's hand in my pocket; I turned round, and he pulled his hand and my handkerchief out, and gave me a blow on the left side; we both fell down, he immediately got up and ran away; I picked up the handkerchief, and ran after him; the watchman and I caught him both together; I never lost sight of him; there were four men with him, and a man on horseback in the gang; the man on horseback said, d-n his blood, knock him down, fetch him down; he struck three or four blows at me, and missed me.

JONATHAN DICKSON sworn. - At half past eleven o'clock I was calling the hour, and hearing the cry of stop thief, I turned round, and went up the lane a little way, and there was the prosecutor and the prisoner, one of them on the ground, and the other getting up, and he said, watch, I charge you with the prisoner, he has picked my pocket of this handkerchief; he gave me the handkerchief; I secured the prisoner, and took him to the watch-house.(The handkerchief produced, and deposed to by the prosecutor.)

Prisoner's defence. I was coming along Long-lane, and saw a parcel of people contending about a handkerchief; I picked this handkerchief up in the kennel, and before I could say is this the handkerchief, the gentleman laid hold of me; since that the prosecutor has been with my friends, and demanded two guineas to make it up, and then he came down to a guinea and a half.

Prescutor. Here are two witnesses here to what passed in the public-house; there came a person to me begging me to make it up; I said, I could not do any such thing.

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

GUILTY (Aged 20.)

Transported for seven years .

Tried by the second London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-94

577. WILLIAM LACY was indicted for that he, on the 4th of August , a piece of false and counterfeit foreign money, resembling a dollar, as and for a good dollar, unlawfully did utter to Ann Clarke , spinster .(The case was opened by Mr. Knapp).

ANN CLARK sworn. - I am servant to Mr. Toseland; he keeps a chandler's shop in Little Britain : On the 4th of August, between five and six in the afternoon, the prisoner at the bar came to the shop for four eggs; they came to two-pence farthing, three farthings a piece; and he threw down a dollar; I told him it was a bad one; he said, it was not; I called to Mr. Turner, who was at work in the house, to look at it; I gave it him to look at, and he said, it was a bad one; the prisoner went out of the shop, and Mr. Turner followed him.

Q. Are you sure the dollar that you received from the prisoner, you gave to Mr. Turner? - A. Yes.

JOSEPH TURNER sworn. - I am a plaisterer; I was at work at Mr. Toseland's on the 4th of August; the last witness gave me a dollar into my hand, I perceived it was a bad one; the prisoner stood close to my elbow at the time; I rubbed it upon a glass that I keep to try silver, and found it was a bad one; he said, it was not a bad one, and desired me to give him the dollar again; I told him, I would not; I then desired the shoe-maker to go to the Ward-beadle, Mr. Meek, to come and take him; he sent word that he could not come; when the prisoner found I would not give it him again, he said, well, I shall call by and by for the change then; and away he pushed out of the shop; I ran after him down as far as the watch-house; I saw him make a stoop in Little Britain, under the watch-house, as if he was dropping something; there was an open grate under where he stooped.

Q. Do you know the house to whom that cellar belongs? - A. Yes; it belongs to the sexton, Mrs. Round; and the prisoner then ran up Aldersgate-street, and turned up Westmoreland-buildings; a man came up, and said, he was an officer; and at the bottom of Westmoreland-buildings, we took him; we carried him to a public-house, and searched him, but there was no sort of coin in the world found

upon him; I never lost sight of him; the dollar that I had from the girl, I gave to the constable; if Mr. Meek had come, we should have taken him with all the money about him.

RICHARD WILLIE sworn. - Examined by Mr. Knapp. - I pursued the prisoner, and apprehended him in Westmoreland-buildings; I received this dollar from Mr. Turner; I made him mark it with a trowel.

JOHN HALESWORTH sworn. - Examined by Mr. Knapp. I am porter to the Union Fire-Office: On the 4th of August, I was standing at my own gateway, in Aldersgate-street, I heard a cry of stop thief, and the man stopped right before me; I then went to a house in Little Britain, Mrs. Round's, where I heard he had thrown some money down; I knocked at the door, and a little girl, who lives there, said, I know what you want, you are looking after the bad money that has been thrown down here; she said, her Mistress had got the money; I went down into the cellar, to see if I could find any more, but I could not.

ANN GUBBINS sworn. - I am servant to Mrs. Round, in Little Britain; I picked some money up in the cellar, on the 4th of August, at almost six in the afternoon; I was in the kitchen, and heard somebody cry out stop thief, and at the same time somebody said, he has thrown down the money into the cellar; I went down into the cellar, and saw the dollar, and then I saw the rest of the money lying by it; it was all loose; there was half a guinea, a dollar, three shillings and a farthing; I gave it to Halesworth.

WILLIAM PARKER sworn. - I am a silversmith. Q. Look at that money? - A. It is all counterfeit.

Prisoner's defence. I went in to buy some eggs; I changed a dollar; she said, it was a bad one; I told her, I did not know it; I did not run, I walked on for near a quarter of a mile, before I knew they were after me; then they called stop thief, and Mr. Willie laid hold of me; I do not know any thing about the other money.

GUILTY .

Confined six months in Newgate , and find sureties for his good behaviour for six months longer .

Tried by the first London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-95

578. NICHOLAS BRADY was indicted,(together with Owen Rooke and John Kiernan, not yet taken) for that he, on the 21st of April, 1795 , upon Charles Whately , an officer of Excise , being on shore in the execution of his duty, seizing and securing, for the use of our Lord the King, five hundred weight of soap, which soap was liable to be seized by the said Charles, unlawfully and violently did make an assault, and him the said Charles being so on shore in the execution of his duty, did hinder, oppose, and obstruct .

Second Count. For the same offence, leaving out the seizure.

Third Count. For unlawfully hindering, opposing, and obstructing the same person.(The indictment was stated by Mr. Knowlys, and the case by Mr. Fielding).

CHARLES WHATELY sworn. - Examined by Mr. Knowlys. - I am an officer of Excise.

Q. Do you know the premises of Mr. Owen Riley , at Collier's row, near Rumford, Essex ? - A. Yes; he is a soap-boiler, and his premises are entered as such; I went there on the 20th of April, 1795, about eleven o'clock at night; Mr. Wright, the officer, who surveyed the soap-house, was with me; as we came towards the soap-house, we heard a great noise; the soap house being made out of an old barn, quilt with wood, and being much decayed, there were a number of crevices in almost every part of the building, through which we could see every thing that passed; I saw very plainly, Owen Riley taking the soap out of the copper, and putting it into a tub or bucket; Owen Rooke was taking part of it from the copper to a cart, which was drawn up under the copper; John Kiernan took the buckets, which contained soap, from Owen Rooke , and emptied them into some boxes or other things, which they had in the cart; the prisoner appeared to be kneeling on some covers of boxes; there was also another person in the cart, son to John Kiernan , whom they called Tommy, who was holding the candle, and doing what other things they might want him to do; seeing they were five, and we but two, I judged it imprudent for me and Mr. Wright to enter the soap-house; in consequence of which, I desired Mr. Wright to go and get some soldiers to our assistance, who were quartered in the neighbourhood; in the mean time I continued to make further observations; Mr. Wright was but just gone from me, when I heard a dog bark in the soap-house; in consequence of which, being fearful of being discovered, I drew back a short distance from the soap-house under a cart; the dog then came out, and Kiernan came out with a candle in his hand; upon which, another dog rushed out, and he called to the dog, and bid him be quiet; but instead of silencing the dog, it irritated him the more; I conceived myself to be in a perilous situation, and I went on the opposite side of the soap-house, and placed myself behind some timber that was placed as a fence on the other side of the road; I remained there till four o'clock in the morning, and then hearing very little noise in the soap-house, and the dog done barking, I approached the door of the soap-house, it was

partly open; upon looking in, I saw nobody there but Rooke, and I went in and examined the slate of the copper, it appeared to me to have been lately charged; I asked Rooke if they had not been lading it out of the copper; he told me they had not; I then looked round the soap-house, and found a box of soap in a fluid state, under two other boxes; I told him, I had taken an account of what there was, and was going towards the house of Kiernan, where Riley lived, to apprize him of these circumstances; in going there, I met Mr. Wright, and in consequence of what I heard from him, we went in to Kiernan's, his daughter saw us across the garden; I then went to the spot where I had received information from Mr. Wright, that the rest of the soap had been conveyed; while we were searching, Kiernan came out in a violent hurry, asked me what business I had there, took me by the collar, and threw me against Mr. Wright; I told him I was come about a quantity of soap that I was informed had been carried there; he told me the information was false, that I had no authority to come there, and at the same time, caught up a pitchfork, and swore he would stick me through, unless I quitted the premises immediately, making one or two thrusts at me; I then went out on the Common with Mr. Wright, and told him it was necessary he should go to get more assistance, he not having been able to procure any, as I was determined to see the matter through before I quitted the premises; Kiernan went into his house, and returned again shortly after, desiring me to walk in, that we might talk the matter over together, as he took me to be another sort of person; I told him, I came there to do my duty, and I was resolved on doing it; he went in again, and returned with the prisoner and his son; his son ran out on the Common, and caught a horse; while the prisoner entered into conversation with me, Kiernan harnessed the horse, and placed him in the cart; he then drew the cart towards the stable, took a key out of his pocket, and unlocked the padlock; upon which, Kiernan and Riley took out four boxes of soap, and put them in the cart; when the cart was loaded, and they were going to drive it out of the yard, I attempted to walk away to the lower gate, where the cart was to be brought out, when the prisoner at the bar sprung on me, and wrested a large stick which I had, out of my hand; he then struck me several blows, aiming at my head; which I caught on my arm; seeing two soldiers approach, I closed with him, to prevent him from striking me; and in the struggle, the prisoner being joined by Owen Rooke, who had a hoe in his hand, I fell to the ground; the prisoner falling on me, we struggled together for some time; at length I regained my legs; I kept pursuing the cart, Brady keeping close up with me; the soldiers being at this time engaged with the other two men, began to call out for further assistance; when I had got some way on the Common, the prisoner attacked me again; he struck me several blows with the same stick; when closing with him again, we both fell to the ground; he got his fingers inside my neckcloth, and gave it a twist; Rooke then came up with the hoe in his hand, and called out to him, to lay me out, and he would finish me; upon which, he made two blows at my head with the back part of the hoe; having on a high crowned hat, and one or two handkerchiefs tucked in the top of it, it broke the blow and prevented it doing me any injury; one of the soldiers then coming to my assistance, Rooke was drawn off from me; I begged they would not murder me, and having committed one crime, add to it another of a more heinous nature; I reasoned with them as they lay upon me; the prisoner then got off me, and I went on; Rooke then pursued me, having left the soldiers, and made several blows at me with the he, which blows I avoided by doubling forward; upon which I put my hand into my great coat pocket, and drew a pistol out; I told him, if he struck another blow at me, I would fire at him.

Q. Was your pistol loaden? - A. Yes; but I had not produced it before; I passed him, and then the prisoner, whom I threatened, if he attempted to strike at me I would do the same by him, Kiernan was some way on, engaged with one of the soldiers; I then came up with him; he struck at me with a pitchfork; I told him to be careful how he struck again, as I was determined to fire at him if he aimed another blow at me, when, seeing some more soldiers coming to my assistance, he desisted from striking any more at me; I pursued the cart, and came up with it; Kiernan's lad, who was driving the cart, struck me with a supple-jack that he had in his hand; I immediately jumped into the cart, took the cover off one of the boxes, and found it to contain soap in a fluid state, quite warm; I took possession of it accordingly; I should suppose there was about seven hundred weight of it.

Q. Whereabouts is the duty upon soap? - A.Twopence farthing a pound.

Q. Were you much hurt by these blows? - A. Very much about the arms; I could not put on a close-bodied coat for several days afterwards.

Q. Have you taken any measures to find out this man, and the others? - A. Yes, as long as I remained in that part of the country, but I was never able to find them; I indicted them the July Sessions of that year, within a month or two after.

Cross-examined by Mr. Serjeant Runnington. Q. How long have you been in the service of the Ex

cise? - A.Upwards of seven years, in different departments.

Q. This happened on the 20th of April, 1795? - A. On the night of the 20th of April, between eleven and twelve o'clock, I arrived at the soap-house, and, about four in the morning of the 26th, I went in; it was a little after day-break.

Q.You went to a spot of which you had received information from Wright to search? - A. Yes.

Q. Pray what did you go to search for? - A. A quantity of soap which had been conveyed from the soap-house that morning.

Q. I presume being an officer of Excise, you sent for a constable? - A. I told Mr. Wright to get proper assistance.

Lord Chief Baron. There was no occasion for it, brother.

Mr. Serjeant Runnington. Q. When Kiernan first had you by the collar, he asked you for your authority? - A. He did.

Q. Of course I presume you produced one? - A. Not having a warrant about me, I quitted the premises; I thought having seen the goods in the soap-house; we thought the goods would be conveyed away if we waited for a warrant.

Q. Did you or not obtain a warrant to search these premises from any Magistrate? - A. I did not.

Q. You went for no other object at all but the fair exercise of your duty to discover this soap? - A. No other.

Q. I don't doubt but you were grossly ill used; but do you really mean to state, upon your oath, that you believe he meant to strangle you when you were struggling? - A. I do not know what he intended; I believe he had no other intention.

Q. That you swear? - A. I do.

Q. Two young women came out, and screamed out, that you would hurt the prisoner? - A.They were acquainted with him, and were afraid of his being hurt in the struggle; one of them was a young woman, the other was going on towards fifty.

Q. Did you lay any information against Riley, or state to the Board that he was the owner of the premises? - A. I acquainted my supervisor of it, and I went before a Magistrate, and made an affidavit.

Q. And Riley was condemned in the penalty? - A. Yes.

Q. Of which you received a part? - A. No penalty has ever been obtained from him yet.

Q. But you would have had it if you could-Have not all his effects been seized? - A. Yes.

Q. You were well acquainted with the prisoner, I suppose? - A. I had seen him twice before; I have heard, since I have been in London, that he has a large family.

Q. I understand you to say, you have been absent for sixteen months? - A. Yes; as an Excise officer, at Plymouth.

Q. I suppose you gave immediate information to the Board? - A.Information was sent off that very morning to the supervisor.

Mr. Knowlys. Q.Have you seen those women about the Court here to-day? - A. No, I do not know that I have.

Q. You have come up from Plymouth to give evidence? - A. Yes.

Q. You have done all in your power to find these men? - A. Yes.

Q. Riley is also gone off? - A. Yes.

Mr. Fielding. My Lord, I understand the learned Serjeant does not mean to controvert the fact, and therefore it will be needless to call other witnesses to confirm Mr. Whately.(Mr. Serjeant Runnington having addressed the Jury very briefly, addressed the Court as follows:)

My LORDS,

I take it, that standing as this case now does, it is clear to demonstration, that this is a case exclusively an offence within the Excise laws. When that has been proved in evidence, and when I look to the foundation of this indictment, I, for one, feel extreme astonishment what man in the profession could have framed it as applicable to any existing Excise law. It has been proved, unequivocally, that the witness went, in the fair exercise of his duty, as a Revenue-officer, for the purpose of hindering the concealment of soap, and that, in the exercise of that duty, the obstruction took place. I asked whether in point of fact, when he was asked for his authority, he had any; his answer decidedly was, No. I asked him, upon that, if he had taken the precaution to obtain a search-warrant; he answered me, No. It was his duty, as an Excise-officer, to clothe himself with that authority. My Lords, by the 23d Geo. III . cap. 21. sec. 34. it is expressly required, I contend, therefore, that he was not in the due execution of his office; but was, in point of fact, a trespasser; insomuch, that if he had been put to death, it could not have been constructed into murder. I therefore contend, that this man is entitled to an acquittal. But, perhaps, before I sit down, I have a right to ask, and I do ask with confidence, how this particular offence can be deemed an offence against any written or known law of Excise now existing in the country? -

Mr. Knapp. What statute do you indict upon? -

Mr. Knowlys. The 24th of Geo. III. cap. 47.

Mr. Serjeant Runnington. I need not state to your Lordships that this indictment, being framed upon that Act of Parliament, your Lordships will look with eagles' eyes to this record, and see whether, in point of law, looking to both, and attending to the evidence, it is possible, for one instant, that this indictment can be supported. We all know, with respect to the Revenue laws, the Customs, and Excise, have each a distinct code of laws, as much as two persons can be distinct. That being the case, and your Lordship being now told, that this is an indictment framed upon the 24th of Geo. III. cap. 47. I call upon your Lordship to look

into that Act of Parliament, and see whether it can possibly attach to this case, this being an offence against the Excise. In the very title of it, it is an act for the more effectual prevention of smuggling. It then goes on to slate, in direct and positive terms, what is meant by this Act. It then enacts a vast number of clauses which relate, in express terms, to smuggling only, and to foreign commodities, or such contraband goods as are for smuggling only. I need not slate to your Lordship that, in construing an Act of Parliament, if a doubt arises, you are to construe one part by the other. Now, if that be a correct principle, look at this particular Act; it is, unequivocally, an Act to prevent the abominable practice of smuggling; then, I ask, how a domestic situation, like this, can possibly be applied to this Act. I therefore trust the Court will think this a strong additional argument in support of the former; if so, I contend upon both these grounds, that this man is entitled to an acquittal.

Mr. Knowlys. This Act, it is true, is made for the prevention of smuggling; but I do not say that this is not the very practice of smuggling alluded to here. The 10th of Ann, cap. 19. sec. 19. says, that all soap, oil, tallow, and other materials for manufacturing soap, which shall be found in any private boiling-house, work-house, warehouse, or other place; and all private coppers, kettles, furnaces, troughs, and other vessels, for which no entry shall be made, or notice given, shall be forfeited and lost; and the same, and the value thereof, shall and may be seized. Now where is this found; is it found in a place entered? - It is actually seized upon the open common, conveyed in a cart, concealed from view, it is in the cart, out of the proper place where it ought to be, and, therefore, liable to seizure; and, if liable to seizure, the officer was correctly in his duty, and in the fair execution of it.

Mr. Serjeant Runnington. I really ought to beg pardon for replying to such an observation, when I am told that this is an indictment founded upon 24 Geo. III .

Lord Chief Baron. I have carried on an hundred such prosecutions, when I was Attorney General, upon the general law, but it is one of those cases which are so common, that one forgets the authority for them; I own that I am ashamed at not being able to recollect it. The other appears to me the strongest objection, whether a warrant is necessary. It is very necessary that a warrant should be had when any place is to be entered; but the present case is, that coming to search these premises, he sees the soap in the act of carrying from the proper place, not having been in a place that required-entry at all; and at the moment it was carried, out being in no place of concealment, it required nothing but pursuit on the part of the officers; it is, therefore, my private opinion, that a warrant was not necessary.

Mr. Justice Asbburst. He would not have been justified if his suspicions had been unfounded and vague; but the soap being found in that situation, the fact justifies him; however, you shall have a case reserved for the opinion of the Judges .

GUILTY.

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

Reference Number: t17970920-96

579. JAMES AGAR , and ANN, his wife , were indicted for unlawfully receiving seven brass cocks, the property of Joseph Roper, knowing them to have been stolen .(The principal witness being a Quaker, and refusing to be sworn, the defendants were

Both ACQUITTED .

Tried by the first London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-97

580. ROBERT HARRIS was indicted for wilful and corrupt perjury .(The case was opened by Mr. Knowlys.)

RALPH BLACKSTONE sworn. - Examined by Mr. Knowlys. (Produces a copy of the record in the action, LYON V. YOUNG.) I am clerk to Mr. Hodgson, attorney for the defendant in that action.

Q. Was the postea entered up? - A. Yes; (it is read); at the Guildhall of the City of London; verdict for the defendant; tried the 9th of June.

Q. Were you present at the trial of that action? - A. I was; the present defendant was examined as a witness on the part of the plaintiff.

Q.Were you desired to take down the question put to him, and his answer? - A. I was, by the Counsel;(reads.) Question put by Mr. Garrow. - "On the 12th of October, was the barge, that was under your care, made fast to the ring at Bell-wharf? - A. She was, at first, when I came there, and when Mr. Young's people came there." The next question -

"Was it made fast to that ring at the time when Mr. Young cut the rope at the end of his barge? - A. She was not made fast there then." Mr. Garrow again repeated - "Was she at the time when he cut it? - A. No."The next quesstion - "Was there at that time any rope made fast to the ring? - A. No."

Q."What was the barge made fast to at the time Mr. Young cut the rope? - A. A loose stick;" he explained that by saying" a stick that had not got a fastening put on its end. Mr. Wardell's premises were wrote right over it when it was put down; Mr. Wardell's is the adjoining wharf."

Q."How long before Mr. Young cut the rope had you loosened it from the ring of Mr. Young's wharf, and made it fast to the stick at Mr. Wardell's? - A. I won't speak to swear it; it might be half an hour, or more."

Q."Do you believe it was as much as half an hour? - A. I wont say."

Q."Was the rope that Mr. Young cut, fast to the ring? - A. Not when Mr. Young cut it."

Mr. Knowlys. Q. That you took down by the desire of the Counsel? - A. Yes.

Q. Before Harris swore that, was he counselled by any body? - A. He was, frequently, by Mr. Garrow; there were other persons who saw the transaction; he was counselled three or four times.

Cross-examined by Mr. Garrow. Q. Do I understand you right, that these are the notes you took at the time? - A. No; but these are. (Producing another paper).

Q. How long was this man under examination? - A. Halt an hour, for any thing I know.

Q. Perhaps an hour? - A. Not so much as that.

Q. At that examination, this single page and a quarter is all that you took down? - A. Yes.

Q. You took it down in long hand? - A. Yes.

NICHOLAS GRAHAM sworn. - Examined by Mr. Knowlys. I attended the action between Mr. Lyon and Mr. Young, at Guildhall, before Lord Kenyon; I saw the prisoner sworn as a witness. I am clerk to Mr. Young, the proprietor of Bell wharf.

Q. Were you present the evening that this matter happened? - A. Yes; Mr. Young had a lighter coming up that was loaded with goods from a Scotch vessel to a large amount, and when they came up to the wharf, we could not get the lighter along side of the wharf, in order to be landed, on account of the prisoner having his barge made fast to Mr. Young's premises.

Q. What time was this? - A.About ten o'clock at night, or a little after, on the 12th of October last; he was in Mr. Lyon's barge, he is servant to Mr. Lyon, who brought the action against Mr. Young; five or six of us were standing by to unload the lighter, and we solicited him to flack out his headfast, in order to get our lighter along side; we made several attempts to prevail upon him, but he would not; he told us that he would not flack her, and if any of us entered the barge, in order to flack her, he would shoot us, and he loaded his blunderbuss before us so to do; we stood with him in that situation for about ten or fifteen minutes.

Q. To what was this barge fastened? - A. It was made fast to the ring on Mr. Young's premises; then Mr. Young came upon the wharf, and he asked the prisoner to flack out, in order to get Mr. Young's lighter along side the wharf, for if he did not, he must be under the necessity of cutting his headfast; he positively refused, in the same manner that he had done before; Mr. Young called for an adze, and went into his barge, and cut the rope from the ring.

Court. Q. Could not he have done it upon the wharf? - A.No; it might be about a yard from the wharf down to the barge.

Mr. Knowlys. Q. At the very time that Mr. Young cut the headfast, where was it fastened to? - A. To the ring on Mr. Young's premises; after that we shoved his barge about twenty or thirty yards out, and got our lighter in, and made his fast to ours, and he was in her in his business the next morning, as well as if she had been where Mr. Young had cut her from.

Q. Are you sure that is the man? - A. It was dark at that time of night, I can only say from his voice.

Court. Q. Had you any lights upon the wharf? - A. There were lanthorns and candles.

Court. Q. Might any body on board the barge have seen what Mr. Young did? - A. Yes; I was on board the barge, and Mr. Thompson, at the same time.

Mr. Knowlys. Q.Did you see this man sworn and examined as a witness? - A. Yes.

Q.What did he say there? - A. That he was a watchman on board Mr. Lyon's barge.

Cross-examined by Mr. Gurney. Q. Mr. Wardell's wharf and Mr. Young's wharf adjoin? - A.No; there is a common sewer between.

Q.Vessels may lie opposite the common fewer, may they not? - A. No vessel could lie there without trespassing on Mr. Young's premises.

Q. How wide is the common fewer? - A.About twelve feet.

Q. It is arched over? - A. Yes.

Q. Whose premises are those over this common fewer? - A. Mr. Wardell's.

Q.The ring to which this headfast was tied, was at the extreme of Mr. Young's premises? - A. Within a foot, or a foot and a half.

Q.How far off these premises is there or has there been a pile? - A. Within about a foot and a half.

Q. Is there not likewise another pile about two or three feet off that? - A.No, there is only one.

Q. There is a now a pile about a foot and a half off this ring? - A. Yes.

WILLIAM YOUNG sworn. - I am the proprietor of Bell wharf; the night that I expected the goods, I desired all my men to attend.

Q. When you got to your wharf, how did you find Mr. Lyon's lighter? - A. It was made fast to my ring; I asked the man the reason why he had made it fast there, or if any body had given him leave to make it fast, as the premises were mine; he said, he had had leave frow nobody, but that the barge should continue there; I told him, if she did continue there, it was not possible for me to get in my lighter; he still refused moving her, or permitting my people to assist in moving her; I told him, if he did not, that I should certainly cut the headfast; he said, that if I came on board the barge that he had the charge of, he would shoot me; I told him, my lighter is come here on the outside, with a very valuable cargo, which I suppose might amount to 20,000l.; although he told me he would fire at me, I told him, I am determined, at all events, that the barge shall go out, and I immediately jumped into the barge; one of my clerks immediately followed me; I then cut the headfast, which was made fast to my ring; I gave charge to my lighterman to take care of the barge, and make it secure on the outside, which they did; the prisoner was then standing at the head of the barge.

Q.Did he see what you were about? - A.Certainly.

Q. Is there any ring whatever fixed to Mr. Wardell's premises? - A. No.

Court. Q. You had a long conversation with him? - A. Yes; I wished to persuade him very much, and he insisted he had a right to come there.

Cross-examined by Mr. Gurney. Q. At the time of cutting the rope, one or two of the clerks came in at the head of the barge? - A. Yes; there were Mr. Graham and Mr. Thompson.

Q. I believe they were employed in holding him, to prevent him in obstructing you in cutting the rope? - A. Yes.

Mr. Knowlys. Q. Could this man by possibility be ignorant where the rope was fastened? - A. He could not; I told him several times it was made fast to my ring.

WILLIAM THOMPSON sworn. - Examined by Mr. Knowlys. I am clerk to Mr. Young; I was present when Mr. Young cut the headfast, it was made fast to the ring in Mr. Young's wall upon his premises.

JOHN BRAY sworn. - Examined by Mr. Knowlys. I was at work upon Bell-wharf; I saw Mr. Young cut the headfast of Mr. Lyon's barge.

Q. Where was the headfast fastened to? - A. To the ring at Bell-wharf.

Mr. Gurney addressed the Jury at some length on the part of the defendant, who called Mr. Lyon and Mr. Brooks, a wharfinger, who had known him six years, and gave him an excellent character.(Mr. Gurney moved in Arrest of Judgment.) My LORD,

In this case, the only venue that is stated, is the Guildhall of the City of London, which is certainly a distinct mark not easily mistaken; but it is not that which the law requires, it is not a parish or a vill, from which a Jury can come; it is a place distinctly known, but is not a place from which a Jury can be summoned.

My Lord, I have looked for authorities upon this point, the first case is in Croke Eliz. 732, Forth and Harrison: "a debt on a bond demurrer and error, and it was contended there, that the plea was good enough for the payment alledged apud London, in his house at Cheapside is good, and it is not of necessity to alledge a parish or a ward, no more than where a thing is alledged to be at Bristol, or any other city, and all the writ of right and preciptes, are of a messuage in London, without naming any parish or ward. It was contended on the other hand, that it ought of necessity, to be alledged in what parish or ward the house is for the trial, as where payment is alledged at his house in any country, it ought to be alledged in what vill it is, for the venue to have a trial. And so is 7 Henry vi. 36. that a parish and ward in London, are as a vill or hamlet in other counties, and what hath always been used and observed, is to be taken for law, and of those parishes and wards, the Court may well take conusance. And the Prothonotary of the Common Bench, and Kemp, Secondary of the Queen's Bench, certified that their course always hath been to plead any act done in London to be done at such a parish and ward, for the venue, and for this defect they held the plea to be ill."

This case is in Croke Eliz. and the same doctrine is followed up in Croke James 150, Normanvile and Pope. This case was moved again in Arrest of Judgment, and an exception taken, which was not taken before; because it is not alledged to what Parish in London he returned, but to London generally, which is not good, but it ought to have been to a parish from which a venue might have been, and for this cause, all the Court held the declaration to be ill.

There is another case in the same book 307. Error of a Judgment in the Common Pleas. Several Errors are assigned, the 4th Error assigned is, that the Vemire Furint is awarded, de vicineto cvortetis Coventria which ought not to be, the Court much doubted, and caused a search to be made of the Precedents in the Common-Please and King's-Bench for this point, and upon view of precedents in all places, except London, no mention is made of the parish or ward. In that case the Judgment was affirmed.

And, my Lord, this doctrine is recognized in 3 Hawkins 336, where there is a long discussion upon it; and upon this ground it hath been adjudged, that a venue may come, not only from a town, but from a ward, parish, hamlet, burgh, manor, castle, or even from a forest, or other place known out of a town: He goes on to stare, "Also, if a fact done in a vill, within a parish, which contains drivers vills, be in the Count, in an appeal alledged generally in the parish, or a fact done in a city, which contains drivers parishes, be in the Count, in an appeal alledged generally in the city; it seems, that the defendant may plead such matter in abatement, for otherwise he could take no advantage of the insufficiency of the allegation, because the place named, as it stands on the record, must, till the contrary be shewn, he intended to contain no more than one town or parish, on which supposition a visne may well come, de vicineto civitatis, which does not exclude the city, but takes in the city and its neighbourhood within its jurisdiction, whether such city be within a county, or be a county of itself, excepting only the City of London, from whence it seems, that no visne can come, not only by reason of the largeness of its extent, but also because it hath been the constant usage of pleading, to shew the ward and parish, in which a fact alledged in London was done."

Court. These are all in civil actions.

Mr. Gurney. This is a case of appeal. In 4 Hawkins 47, under the head of indictments, he says, "it hath been adjudged, that a fact laid in a parish of London, with some other addition, as in the parish of St. Michael, Wood-street, London; or in the parish of St. Lawrence Jewry, is good, without shewing the ward in which the parish lies." Therefore, from that I am entitled to argue, that if the indictment does not state both the parish and the ward, slating the parish generally is not sufficient, but they must go on to fix and describe that parish beyond doubt, as in the parish of St. Michael, in Wood-street, London, or in the parish of St. Lawrence Jewry."But these matters having been more fully treated of in the chapter of appeals, and also in the foregoing part of the chapter, relaring to the certainty of the time of the offence, I shall refer the reader thither."

Court. That proves that the ward need not be inserted.

Mr. Gurney. Yes, but the parish must be inserted; but here they have not only stated no ward, but they have stated no parish whatever, nothing more than the Guildhall of the City of London.

Mr. Knowlys. This objection comes upon me by surprize. In the first place, I was not the person who drew this indictment. I should, certainly, if I had been drawing it, have inserted the parish and ward, though I believe it has been held. that the City of London is sufficient, but the law is not clear from the cases put by my learned friend, Mr. Gurney, for Hawkins expresses himself with great uncertainty about the law, that be here gives to the public. He says here, "except the City of London, from whence it seems that no venue can come, not only by reason of the largeness of its extent, but also because it hath been the constant usage of pleading, to shew the ward and parish in which a fact alledged in London was done." Now, therefore, Sir, you know perfectly, that Serjeant Hawkins wherever he ties himself down to this expression, it seems to be so and so, does not give that as a

thing so unequivocally ruled, as that it may not be the subject of discussion hereafter, and I am more inclined to see this as a matter of doubt, because he has given the authorities upon which he goes. He says, "excepting only the City of London;" and here is a reference to "I Sidersin 178, Croke James, 307. 2 Rolls Abr. 622, Croke James 150, Query Croke Eliz. 732, Contra Stannford's Pleas of the Crown 154. 2 Rolles Abr. 617," therefore, most undoubtedly, this was not in the opinion of the author who wrote, a clear point, and he is speaking only of cases in the nature of civil actions. That there is a case which has ruled, that the City of London is sufficient I am certain, though I cannot recollect the case, it comes upon me by surprize, not only because I was not the drawer of the Indictment, but my brief does not even furnish me with a correct copy of the indictment. Hawkins says, a venue may come from a castle, now, if a castle is a place from which a Jury may be summoned, so may Guildhall, where the officers reside.

Court. It is certainly a point of great consequence; the only idea in my mind is, that the City of London is sufficient, and I am confident there is a case that goes the whole length, but I certainly will not decide it.

Mr. Knowlys. In 2 Hale 262, chap. 34. he says,"If the murder be alledged, apud civitatem, Bristol, the venite sacias is most properly de Bristol, and it is good became a city." And here he quotes 7 Henry 4, title Inquest 36,

"but if it be from a place, not a city, it must be de vicineto de D. but though it be a city, the unire sacias de vicineto civitatis Bristol, is good, though it be also a county as hath been often resolved against the opinion of Staunford."

Mr. Gurney. The following paragraph in Hale is very strong,

"If a murder be laid in quadam platea vocat. King-street, in Parochia Santla Margaritor apud Civitatem Westminster, the visne shall be neither from King-street, because it is alledged to be only plataa, nor de vicineto civitatis Westminster, but de vicineto parochioe Sanctoe Margarita."

Court. In answer to that, Westminster has not a Jury distinct, but it is a Jury of the county. The prisoner at present must stand committed, and I shall look into it.

GUILTY (Aged 46.)

Tried by the first London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17970920-98

585. SAMUEL HOPLEY was indicted for fraudulently obtaining, on the 27th of January , under false pretences, seven pair of silk stockings, value 3l. 14s. the property of William Sharp .

The Prosecutor not being able to prove the pretences laid in the indictment, the prisoner was ACQUITTED .

Tried by the first London Jury before Mr. COMMON SERJEANT.

Reference Number: s17970920-1

The SESSIONS being ended the COURT procceded to GIVE JUDGMENT as follows:

Received sentence of Death - 7.

James Davies , Thomas Smith , otherwise John Law, Richard Barber,

Robert Arnold , Sarah Warwick , Thomas Booth , John Briant .

Transported for fourteen years- I. George Parsons .

Transported for seven years - 22.

Michael Rankin, Joseph Court, John Smith, Robert M'Gee, Thomas Ledger , William Gill, Mary Guile , George Patterson, Mary Smith, William Smith , James Moore , John Simmons, William Dean, Letitia Baker, Robert Jackson , Jane Elizabeth Bennett, Thomas Shortland, John Palmore , Elizabeth Meath, Henry Shippey , Thomas Yates, Sarah M'Cann.

Imprisoned one year in Newgate, and fined £. 200 - John Welshman .

Imprisoned one year in Newgate, and fined £. 50 - Thomas Holden .

Imprisoned one year in Newgate, and fined £. 20 - Robert Skay .

Confined in the House of Correction one year, and fined 1s. - 11.

Ann Bartlam, Sarah Congo , John Ford , David Belafco, Samuel Phillips, Jane Phillips , Mary Leach, Frances Herbert, James Osborn, Robert Bagshaw, William Walter Freestone .

Confined six months in the House of Correction, and fined 1s. - 12.

William Thorpe , Charles Maclean, William Ellis, Ann Walker , Edward Dougherty , John Clifford, Thomas Williams, Mary Elliot, Mary Herne, John Brough , Jane Cooper , William Smith.

Imprisoned in Newgate 14 days, and fined 1s. - 1. Sarah Payne, otherwise Baskall.

Privately whipped and discharged. - 5.

Benjamin Haynes , William Harris , Thomas Topley , John Lamb , and Elizabeth Finch .


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