Old Bailey Proceedings, 6th December 1797.
Reference Number: 17971206
Reference Number: f17971206-1

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 6th of DECEMBER, 1797, and the following Days, BEING THE FIRST SESSION IN THE MAYORALTY OF The Right Honourable JOHN WILLIAM ANDERSON, ESQ. LORD MAYOR OF THE CITY OF LONDON.

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

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

1797.

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

BEFORE JOHN WILLIAM ANDERSON , Esq. LORD MAYOR Of the CITY of LONDON; Sir NASH GROSE, Knight, one of the Justices of His Majesty's Court of King's-Bench; Sir RICHARD PERRYN , Knight, one of the Barons of His Majesty's Court of Exchequer; Sir JOHN WILLIAM ROSE, Knight, Serjeant at Law, RECORDER of the said City; JOHN SILVESTER, Esq. Common-Serjeant at Law of the said City; and others, His 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.

William Gray ,

Peter Norman ,

William Fleuriot ,

Richard Pooler ,

Samuel Jones ,

George Spears ,

George Penton ,

Phillip Stallard ,

John Millidge ,

Thomas Jefferys ,

John Berenger ,

John Corby .

First Middlesex Jury.

George Martin ,

John Wilkinson ,

William King ,

John Hurley ,

Thomas Lisle ,

Joseph Kesuer ,

Thomas Harris ,

Edward Huntley ,

John Dixon ,

George Warrener ,

William King ,

Matthew Cooke .

Second Middlesex Jury.

Miles Tanson ,

Benjamin Whippey ,

John Hall ,

William Ashton ,

Abraham Tibbutt ,

George Barnard ,

James Pagett ,

Peter Vining ,

Thomas Weaver ,

Robert Fladgate ,

Henry Vincent ,

Robert Butler .

Reference Number: t17971206-1

ROBERT FRANKLYN was indicated for forging and counterfeiting, on the 3d of October , a Bank of England promissory-note for the payment of 10l. with intention to defraud the Governor and Company of the Bank of England .

Another Count. For uttering and publishing the same as true, Knowing it to be false. And

Sixteen other Counts. For a like offence, varying the manner of charging it.(The indictment was stated by Mr. Giles, and the case by Mr. Fielding).

SARAH DIXON sworn. - Examined by Mr. Knowlys. I live in King-street, Soho; in October last, I lived in Charles-street, Middlesex-hospital.

Q. Do you know Mr. Franklyn? - A. Yes; on the 3d of October, he was at my lodgings, at Mr. Seares's, a shoe-maker.

Q. What was the business he came about? - A. To leave some money for a lady in the hospital; I saw him give my servant a note to change, her name is Sarah Banks .

Q. Did you happen to know, at the time he gave it her, what note it was? - A. I did not.

Q. Did your servant go in consequence of that? - A. I was in bed.

Court. Q. Did you see him give her the note? - A. Yes; she went away, and returned to my room, she was not gone above five minutes; she gave Mr. Franklyn four 2l. notes, and two 1l. he left with me a 2l, note, one shilling and two sixpences, to give to a lady in the hospital.

Q. Had you seen Mr. Franklyn before, and knew him well? - A. Yes, by sight, seeing him come to that lady.

Cross-examined by Mr. Knapp. Q.I think I understood you that you never saw the note? - A. No.

Q. You were a lady living in Charles street, Middlesex-hospital? - A. Yes.

SARAH BANKS sworn. - Examined by Mr. Giles, Q. You lived with the last witness, Sarah Dixon , in Charles-street? - A. Yes.

Q. Do you know Robert Franklyn? - A. I never saw him but twice; he came one Tuesday morning about half-past eight, it was some time in October, I did not sleep there, I only came on days, to do what she might want.

Court. Q. Did you find him there, or were you there first? - A. I found him there; I heard him ask Sarah Dixon where her servant was, and I said I am here; I saw Mr. Franklyn talking to her by the side of the bed; he asked me if I thought I could get him change for a 10l. note; I told him, I would try if I could, he gave me the note, but I do not know what the note was, I never looked at it. I went to Mr. Kearse, at the One Tun, in Charles-street, which was next door; Mr. Kearse said, he could not give it me in cash, he would give it me in notes, if he could; he gave me four 2l. notes and two 1l. I returned, an gave them to Mr. Franklyn.

Q. Was the note that you gave to Kearse, the same that you received from the prisoner? - A. Yes; I had no other note; I told Mr. Franklyn I had got it in notes; he said, he wanted to send a little money to an unfortunate woman that was in the hospital; he left a 2l. note, one shilling and two sixpences, which she was to take to the lady in the hospital; her name was Maria Nesbitt, and he pulled out a letter that he had wrote to her.

Cross-examined by Mr. Gurney. Q. You never saw the inside of the note at all? - A. No; not I could not have read it, if I had.

Q. Then you know nothing about it but what Mr. Kearse told you? - A. No.

Q. There were six notes given you? - A. Yes.

Q. Have you any distinct recollection that there were six only? - A. Yes.

Court. Q. You could not read? - A. No.

Q. How did you know that there were four twos and two ones? - A.Because Mr. Kearse told me so.

WILLIAM KEARSE sworn. - Examined by Mr. Fielding. I keep a public-house in Goodge-street, the One Tun.

Q. Do you know Sarah Banks ? - A. Yes; I have known her, I suppose, these two months: On the 3d of October, between eight and nine in the morning, she came to me to change a 10l. note, I gave her change for it, in small notes.

Q. What were those notes? - A. To the best of my memory, four twos and two ones; I did not minute them down.

Q. Did you tell her they were so? - A. To the best of my memory I did.

Q.What became of that very note which you received from Sarah Banks ? - A. I paid it away, on the 5th, to one Mr. Piper. clerk to Messrs. Fassett and Burnet, at Vauxhall.

Q. Are you able to say, to a certainty, that the very note you received from Sarah Banks you delivered to Piper? - A. Yes.

Q. Did you make any mark upon the note? - A. I did not.

Cross-examined by Mr. Knapp. Q. You did not make any mark upon it? - A. No.

Q.Nor did not particularly notice the note that you received? - A. No.

Q. You keep a public-house, and do considerable business, I believe? - A. Yes.

JOHN PIPER sworn. - Examined by Mr. Fielding, I am clerk in the house of Messrs. Fasset, Burnet, and Son, at Vauxhall: On the 5th of October last, I received from Mr. Kearse either forty or fifty pounds, I am not certain which.

Q. Did you receive a ten pound note from him? - A. I did.

Q. Do you know the very note you received from him? - A.Certainly.

Q. Was there any other ten pound note that you received from him that day? - A. I did not.

Court. Q. Did you receive any other ten pound note that day from any body? - A. Yes; I put Mr. Kearse's name upon the note, and I had a very particular reason for putting his name upon it; a friend of mine, who lived at Thrale's Brewhouse, had taken two fifteen pound notes that were forged.

Q.Is that the note? (shewing him one). - A. It is.

WILLIAM MULLENS sworn. - Examined by Mr. Fielding. I am one of the cashiers of the Bank.

Q. Are you able, from the inspection of that note, to say whether it is a real of a forged Banknote? - A. It is forged.

Q. Are you clear that it is a forged note? - A. I am perfectly clear.

Q. It purports to be signed by yourself; that is not your signature? - A. No, certainly not.

Q. And from your knowledge and inspection of the note, are you certain that is a forged note? - A. I am. (The note read).

No. 4555. 1796. Bank, 20th of January, 1796.

I promise to pay Mr. Abraham Newland , or Bearer, On demand, the sum of ten pounds.

London, the 20th day of January, 1796.

For the Governor and Company of the Bank of England. W. MULLENS.

Ten Pounds. Entered, S. FATT.

EDWARD LAVENDER sworn. - Examined by Mr. Fielding. Q. In consequence of some directions you received from the Solicitor of the Bank, You went, I believe, in pursuit of the prisoner? - A. It was merely to take examinations at Rochester: I went on Thursday the 5th of October, in consequence of making some little enquiry at Rochester, I had reason to believe the person we then enquired after was either at Rochester or at Chatham at that time; we made further enquiry, and found that a person of that description was gone to Sheerness, with the tide-boat, and as soon as the tide suited, I also went to Sheerness, and made enquiry there, and was directed to go on board the Hydra ship, at the Great Nore; I had John Rivett with me, and also North, the waiter from the George Inn, at Rochester, I believe his name is Thomas; we took a boat to the Great Nore, and went on board the Hydra frigate; I communicated my business to Sir Francis Le Foy, the captain, he immediately ordered all hand to be called on deck, to be mustered, to give an opportunity of seeing the person; in a few minutes, before half the people could get on deck, Mr. Franklyn came on the quarter-deck, and North, the waiter, exclaimed, that is him; whether Mr. Franklyn heard the exclamation or not I do not know, but he immediately went down below; Sir Francis then called to the master at arms to go and secure Mr. Franklyn, I also followed below; the master at arms went one way, and I went the other, and he got to Mr. Franklyn first; I then asked Mr. Franklyn which was his birth, which he very readily pointed out to me; I then asked him which were his trunks or boxes, he also readily pointed them out to me; I then asked him for the keys of the boxes, and he gave them me out of his jacket pocket; I think then, before I opened either of the boxes, I asked him if he had got any Bank-notes; he replied, none but what I should find in the trunk; I opened the trunk, and in searching, I found a purse containing small Bank-notes to the amount of one or two and twenty pounds, and some gold, the gold I returned to him, and kept the notes at that present time; I asked him afterwards what he had done with the five hundred pounds worth of Bank-notes that he had brought from London; he hesitated a little, and at length replied, that he had no other; I had some further conversation with him which I do not immediately recollect; I told him he must go on shore with us, that I must take him to town; he then sat down on his trunk to dress himself for that purpose; I again asked him if he had not got some more Banknotes; he then says, yes, I have, and I will tell you where they are; but before he could tell me, Rivett came with the parcel in his hand, and said, I have found them; that parcel contained Banknotes, they are here, they amounted to four hundred and fifty pounds; we, as soon as we conveniently could, brought him on shore, and took him to London.

Q. Four hundred and fifty pounds was the whole that Rivett found? - A. Yes.

Q. You had asked him before what he had done with the five hundred pounds worth of notes? - A. yes; I took the notes I found in the trunk to the Bank, and had them examined, they were good; I have since returned them to a friend of the prisoner's.

Q. Was there any examination of him taken in writing? - A. I believe not.

Cross-examined by Mr. Gurney. Q. You say very fairly, that when you enquired about his trunk, he told you, with the greatest readiness? - A. Yes; certainly.

Q. And he gave you the key? - A. Yes.

JOHN RIVETT sworn. - I was in company with Mr. Lavender, on board the Hydra frigate; Mr. Lavender stated to the captain the circumstance of our coming there, and in consequence of that, he ordered the boatswain to pipe all hands; the prisoner at the bar came upon deck, and immediately returned below again.

Q. How came he to go below again? - A. I do not know; the captain desired the master at arms to secure him, and I went below and searched the prisoner's trunks, but there was nothing particular found; in the place where I supposed his bed would be, in searching a locker, in the prisoner's birth, a little place like a cupboard -

Q. Was it locked? - A. NO, it was not; it had a place to sit down upon it, and behind some old biscuit bags that were in the locker, I found a pocket handkerchief rolled up, and in that handkerchief there were some Bank-notes, they amounted, I think, to four hundred and fifty pounds; I immediately called Mr. Lavender into the birth, and told him I had found these notes; I kept them till we got to town, and then I gave them to Mr. Lavender; I marked them all before I delivered them to Mr. Lavender.

Court. Q. What is the apparent value of them? - A. The lowest, I believe, is fifteen pounds, and the highest one hundred pounds.

Q. When you had found these notes, where did you go? - A. I told the prisoner I had found these notes in the place that I supposed was his birth; he made little or no answer at first; sometime after, he said, he had received them from a man who had robbed him, and we then brought him up to town.

Cross-examined by Mr. Knapp. Q. I believe, in point of fact, you understood the prisoner had not been on board the Hydra till within a day or two? - A. Something of that kind.

Q. You said properly, you supposed it to be his birth? - A. I could not know it myself, and the prisoner did not chuse to tell me; he said he had no birth, or something of that sort; I have no birth; where is your bed, or your cot, says I; he told me it was upon deck; I then went to the first lieutenant, and asked him, and he shewed me the birth.

Court. Q. Was his cot upon deck? - A. Yes, it was; as I understood it was not in the birth, I asked him where his birth was, and his bed; says he, my bed is upon deck; says I, where is your birth? I have no birth.

Mr. Knapp. Q. Then he referred you to the cot which was upon deck? - A. Yes.

Q. When he said he had no birth, did he not add, that he had no birth particular to himself, that other persons occupied the same birth as well as he? - A.Certainly, I should suppose so.

Q. Will you swear that he added nothing more than that he had no birth? - A. I do not recollect that a word passed more than that he had no birth.

Q. Do you happen to know, that the birth that you afterwards found this locker in, belonged to five other persons? - A. I understood there were some other young men that messed with him.

Q. You told me just now, that he had only come a day or two before - A. I understood so on board the ship.

Q. The prisoner was not at the birth when you went down? - A. No.

Q. The locker was open? - A. Yes

Q. The notes you found out were behind some biscuit bags? - A. Yes.

Q. The biscuit bags had the appearance of having been there some time? - A. I cannot tell how long they might have been there.

Mr. Giles. Q. He told you he had received these notes from a man who had robbed him? - A. Yes.

Mr. Knapp. Q. In point of fact, a man was taken up, and examined at Bow-street, upon a charge of that kind? - A. Yes; he certainly did complain of being robbed some days before he was taken up, and came to Bow-street to make his complaint.

JOHN NORTH sworn. - Examined by Mr. Fielding. I was waiter at the George-Inn, at Rochester, in October last.

Q. Look at the young man at the bar? - A. I recollect the prisoner very well.

Q. Do you recollect the arrival of Lavender and Rivett at your house? - A. Yes; I think it was on the 5th.

Q. You went with them on board the Hydra frigate? - A. I did; I saw the prisoner there; it was intimated that I knew the man, I knew him the moment I saw him, I said, that is the man.

Q.Then what became of him after? - A. He went down below immediately, upon that I staid upon deck.

Q. When you saw him before, in what place had you seen him, so as to know that he was the person? - A. At the George, at Rochester, on Wednesday the 27th of September, to the best of my knowledge; he came to our house in the evening, he enquired of me for a place in the mail-coach to London, that very evening; he had a sailor with him at the time; he ordered supper, a roast fowl and some other things; he eat his supper, drank two bottles of Lisbon, and then a bowl of punch; he then

came out into the kitchen, and said, he had got some notes in his pocket, and a pocket-book that he had had the misfortune to drop into the sea coming from abroad, the leaves of the pocket-book were edged with green, which had stained these Bank-notes; he asked me if I could give him cash for a note or two; I told him that I could not; he asked me, if my employer could do it, I told him, I would enquire, and then I told him that he could not; he afterwards paid me for his supper in cash, and he had in bulk, as near as I can imagine, thirty guineas in cash.

Q. That was, he had asked you, if you could exchange him a note? - A. Yes; he afterwards came to the bar, and asked it as a favour to give change for a note; I told him he did not want cash, for he had got plenty of cash; I told him, that when he took the place in the mail-coach, probably the book-keeper might give him change for it; he afterwards appeared much disguised in I quor, and about half-past eleven o'clock he desired to go to bed; I told him it was of no use to go to bed, for the mail-coach would be in about half after twelve, and he would have very little time, if he meant to go with the mail-coach; he said. he would go when the mail-coach came in; the chamber-maid went to call him, he slept in a double bedded room, when the chamber-maid went up, he had his coat off.

Q. Did you see that? - A. No.

Q.Did you happen to see any thing of him afterwards? - A. He did not go by the mail; I was desired to call him at six o'clock, I called him about six o'clock.

Q. Was there any other person in that room when you called him? - A. No; he ordered coffee.

Q. Did he come down out of his room when the coffee was ordered? - A. Yes; the coach came to the door, and I put the things in; there was a bundle tied up in a white handkerchief, a brace of pistols, and a hank whip; when I had put them in the coach, he came running back, exclaiming, that we was robbed; I asked him what he was robbed of; he told me, that he was robbed in cash and notes, to near the amount of forty pounds; I said, possibly, as you were very much in liquor, you might have shook it out of your pocket; and he desired I would take the things out of the coach, for he would not go on; then the things were taken out, and put into the room again; I begged of him to go up stairs with me, and to shake the bedclothes, I called the chamber-maid up with us, and we shook the clothes, and took the bed off the bedstead, but could not find any thing; he said, he would advertise, and a suspicion fell upon two men that had slept in that room the night before; he staid till near two o'clock in the afternoon; some time after he made himself very easy, he said, it would not ruin him, and he should make himself easy till he got to London; when Mr. Lavender and the other officer came, I went with them on board the ship.

Cross-examined by Mr. Gurney. Q. All this part of the conversation, about the notes, was after they had drank two bottles of Lisbon, and a bowl of punch? - A. Yes.

Q. Do you know what propostion of the liquor they had had? - A.After the second bottle was in; and, I believe, three parts of it was by that time drank.

Q. Was the punch in too? - A. I cannot say.

GARNETT TERRY sworn? - Examined by Mr. Knowlys. Q. You are all engraver, employed by the Bank of England? - A. I am.

Q. Look at that parcel of Bank-notes, are they, in your opinion, printed at the Bank of England? - A. NO, they were not; these are forged prints; here is not one of them that was printed at the Bank.

Q. How long have you been engraver to the Bank? - A. About two years and a half.

Q. Look at that ten pound note? - A. This is a forged note; I have no doubt but they are all of one manufactory.

Cross-examined by Mr. Knapp. Q. You seem to have some difficulty; you took some time to look at them? - A. You saw the time.

Q. Having take some time to consider whether they were good notes or not, they might quite as easy come into a sailor's possession without his knowing them to be forged? - A. Yes.

THOMAS NICHOLSON sworn. - Examined by Mr. Giles. I am clerk to the House of correction for the County of Middlesex.

Q. Look at that paper; did you receive it from any body? - A. Mr. Franklyn; I saw him write it.

Cross-examined by Mr. Gurney. Q. I do not know what that paper contains, but I wish to ask what passed before it was printed? - A. Barnett was taken up for a similar offence, and he was writing his confession as well as Mr. Franklyn was.

Q. Was it for the purpose of his being made use of as a witness against Barnett? - A. No, I advised Mr. Franklyn to write it that it might be of some service to him afterwards.

Mr. Fielding. Then we cannot produce it.

Prisoner's defence. My Lord, and Gentlemen of the Jury, I cannot speak very loud, I have a violent cold. MY Lord , I could not suppose there notes forged from the different evidence I shall bring forward in my favour, if I had known them to be forged I should not have made any enquiry about them; my reason for leaving the quarterdeck was, I was obliged to do it, it being my duty

to see all hands on board before I came up myself; I have no particular birth, these notes were exposed to every body in the birth, there were six messed together; I had had no reason to suppose they were forged.

GUILTY Death . (Aged 29.)

Of uttering knowing to be forged.

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

Reference Number: t17971206-2

2. THOMAS WARDROPPER was indicted for that he, on the 28th of February, 1787, did marry one Ann Archer , spinster ; and afterwards, on the 17th of December, 1791 , did marry and take to wife Alice Doyle , spinster, his former wife being then alive .(The indictment was stated by Mr. Const, and the case by Mr. Fielding).

- NEWMAN sworn. - I am the beadle of St. Clement Danes: I was present at the marriage of Ann Archer , in the month of February, 1787, at the church of St. Clement Danes; I saw her within these two or three months.

Cross-examined by Mr. Knowlys. Q. Perhaps you know a little of this marriage; it was forced upon him, by the parish, was not it? - A. I do not know that it was.

Q. He was locked up, was not he, till he did consent? - A. He was.

Q. There was a parish complaint against him, for increasing the number of inhabitants? - A. Yes.

WiLLIAM ARCHER sworn. - Examined by Mr. Const. I am the father of Ann Archer , the wife of the prisoner, she was born November 5, 1760; she was married in 1787.

Cross-examined by Mr. Knowlys. Q. Do you know whether your daughter was absent any time in France? - A. No; I do not know in particular about that; but when she came back again, I have heard her say, they had no where to go to.

Q. Has she not been out of the kingdom? - A. I do not know that.

Q. Has she been much with you since her marriage? - A. Not latterly.

Mr. Fielding. Q. You were not present when your daughter was married? - A. No.

ROGER HARRISON sworn. - (produces the register book of St. Clement's, and reads): Thomas Wardropper, of this parish, and Ann Archer , spinster, were married at this church, the 28th of February, 1787.

JOHN BYROM sworn. - I was present at the marriage of the prisoner, at St. Mildred's church, I think it is a church on the right hand side as you come up from Thames-street, in 1791, I think it was the 17th of December; he was married to Miss Doyle; she went by that name at that time, her name was, I believe, Elizabeth, I am not certain.

Mr. Fielding. (To Archer.) Q. When did you see your daughter last? - A. I saw her last night at six o'clock, she is very ill.

Byrom. Cross-examined by Mr. Knowlys. Q. Do you mean to say you know the prisoner? - A. I know very little of him.

Q. Do you know if it was the prisoner? - A. Yes; that is the gentleman.

Q. There are two churches in Bread-street? - A. I do not know.

Q.Whereabout in that street was it? - A. I conceive, learned Sir, That that is not necessary.

Q. I conceive it is, and therefore I desire to know? - A. It is that which is lowest down to Thames-street.

PETER SPIRES sworn? - Examined by Mr. Const. I am clerk of St. Mildred's, (produces the register book, and reads,): Thomas Wardropper, of the parish of St. Mildred's, and Alice Doyle , of the same parish, spinster, were married in this church, by a licence, this 17th day of December, 1791.

ALICE DOYLE sworn. - Q. Look at the man at the bar? - A. I know him very well; I married him at St. Mildred's, Bread-street, on the 17th of December, 1791.

Q. You had been living with a Mrs. Cole, I believe, in the City? - A. Yes.

Q. HOw long had you known that man before he persuaded you to marry him? - A. Only the October before.

Q. At the time he married you you were in an unfortunate situation? - A. I was.

Q. And he knew that you were visited by some gentlemen? - A. Yes.

Q.How long was his prior marriage concealed from you? - A. Till the latter end of the year 1792.

Q. Then you had lived with him through 1791, till the time when you discovered that he was previously married to another? - A. Yes; till a person called upon me, and informed me of it.

Q. You continued to live with him still, for some time after? - A. Yes; till September, 1795.

Cross-examined by Mr. Knowlys. Q. You were living with a Mrs. Cole, you say? - A. Yes.

Q.You passed as Mrs. Cole's niece? - A. Mrs. Cole called me so.

Q. I suppose you have been intimate with Mrs. Cole ever since? - A. No, I have not.

Q.When did you see her last? - A. I have not seen her since Mr. Wardropper was taken up upon this charge.

Q.Where did she live at that time? - A. On Bread-street-Hill.

Q. Do you know whether she lives there now? - A. No, she does not.

Q. How long has she ceased to live there? - A. I do not know; she lives now on Dowgate-hill.

Q. Do you know how it happens that she has not been to be met with during this sessions, or the last? - A. No.

Q. You have not been there yourself, nor beard from her? - A. No.

Q. Mrs. Cole knew of the courtship, did not she? - A. Yes.

Q. I wish you would attend seriously to what I am going to ask you - Had you never heard, before you married this man, that he was a married man? - A. No.

Q. Be a little cautious; I will put the question to you - Had you never heard, before you married this man, that he was a married man? - A. No, I had not.

Q. You never had any conversation of that sort with Mrs. Cole? - A. No, I never had.

Q. You never, perhaps, have told any body that you knew this man was a married man? - A. No, never in my life.

Q. I believe he had a child, had not he? - A. Yes.

Q. Did you take that child home to the house with you, where you lived, as soon as you were married? - A. Not to Mrs. Cole's, bt to a lodging of our's.

Q. Was that as soon as you were married? - A.The January after.

Q. And you were married in December? - A. Yes.

Q. Upon your oath, did you not know that this child was a child that he had by his wife at that time? - A. No.

Q. Do you know a person of the name of Jones, the wife of Mr. Jones, a dyer, in the Borough? - A. Yes, Perfectly well.

Q. You perhaps, know a person of the name of Jacobs? - A. I know there is such a person.

Q. Have you not known such a person, and seen him very often? - A. I have seen him standing at his own door.

Q.Have you not been often in his company? - A. No.

Q. You never had any conversation with him, perhaps? - A. I recollect once speaking to him.

Q. Have not you had a conversation with him since this man has been committed? - A.No; he called at my house something about a watch, but I do not know whether it was before or since Mr. Wardropper was taken - Oh, yes, I do recollect it was before he was taken; I am sure it was not after.

Q. Then you heard of this marriage in 1792? - A. Yes.

Q. How early in 1792 did you hear of it? - A. I believe it was about July, 1792.

Q. We are now arrived at December, 1797? - A. Yes.

Q. When did you first prosecute this man for Bigamy? - A. I think it was last February, there was a warrant issued out, but they were not able to take him.

Q. Do you know a gentleman of the name of Douglas? - A. Yes.

Q. You know him intimately well, do you not? - A. Yes.

Q. Do you not occasionally pass as Mrs. Douglas? - A. No; I am called by my own name.

Q. There are people who see you and Mr. Douglas, who occasionally call you Mrs. Douglas? - A. No; they do not.

Q. Mr. Douglas lives in the same house with you? - A. No.

Q. Does not he sleep in that house four or five times a week? - A. No.

Q. How often a week does he sleep there? - A. He has slept there but very seldom.

Q. Perhaps Mr. Douglas paid for a good deal of the furniture of that house? - A. Yes.

Q. Does not his money furnish the present prosecution against this man? - A. It is my money.

Q. But is it not given you by him for the purpose of prosecuting this man? - A. It is given me to support me.

Q. You have so much good sense, that you must understand me, you do not conceal your good sense any more than your beauty; your good sense must understand what I mean? - A. Mr. Douglas supports me, and the money that I have from him will certainly pay for this prosecution.

Q. Does not Mr. Douglas know of this prosecution, and has he not seen the attorney upon it? - A. Yes.

Q. And he occasionally sleeps in the house in which you live, and in which a great part of the furniture is his? - A. He sometimes does.

Q. Do you not know that he has written letters to the prisoner, threatening that if he came from Ireland, he would transport him for this offence? - A. I know he wrote one letter to him, after Mr. Wardropper had paslered me with letters from Ireland.

Q. Then I ask you whether you have not, since the writing of that letter, persuaded Wardropper to give you up that letter? - A. No; I did not.

Q. At whole desire was this man sent to Ireland? - A.By his own wish to go.

Q. Was it by the desire of Mr. Douglas? - A. No; he did not know it then.

Q. Was it before Mr. Douglas and you became acquainted, that he went to Ireland? - A. No.

Q. Wardropper has not been living with you since Mr. Douglas has been acquainted with you? - A. I have not lived with Mr. Wardropper since I first quitted him.

Q. Have you been all that time acquainted with Mr. Douglas? - A. NOt the whole of the time.

Q. How long after you had parted with him, did your acquaintance with Mr. Douglas commence? - A. About two months after, I believe.

Q. I believe I am mistaken, out Mr. Douglas sending this man to Ireland; I believe it was a Mr. Henry? - A. No, he is now dead.

Q. Mr. Henry was an acquaintance of your's too? - A. Yes.

Q. In the same way that Mr. Douglas was? - A. NO.

Q. Then, from July 1792, to February 1797, you did not know of his former marriage? - A. No.

Q. And it was not till after you became acquainted with Mr. Douglas, that this prosecution was commenced? - A. It would have began sooner, if Mr. Wardropper had molested me.

Q. In the mean time, Mr. Douglas had furnished the house? - A. It was not for Mr. Douglas that it was done.

Prisoner's defence. I came to town with Mr. Opie, the banker, the Ist of November, and was introduced to Miss Doyle, as Mrs. Cole's niece; Mrs. Cole I cannot find since I was taken up, she asked me what I thought of her niece, I said, I thought she was a very fine girl; she asked me, if I would have her, for she knew the situation she was in, and I said, I did not know whether I was married or not, for I was in a state of inebrity at the time; she has been down to the county of Durham to see my friends.

For the Prisoner.

DAVID JACOBS sworn. - I live in Peter's-street, Westminster.

Q. Do you know Miss Doyle? - A. Yes; I have known her about five years.

Q. Have you ever had any conversation with her? - A. A number of times at various parts of the town, and particularly at the Flask, at Chelsea.

Q. Has she ever told you the circumstance of her marriage with Wardropper? - A. She has several times.

Q. Did she ever tell you, whether she knew of this circumstance at the time she married him? - A. Yes; she said he was a journeyman butcher.

Q. Did she know what his connections were, and so on? - A. That I cannot answer; she said, she was so infatuated with him, that she would have him at any event.

Q. Do you know whether Wardropper was a married man at the time she married him? - A. She told me, that she knew Wardropper was married to one Archer, she told me the church they were married at.

Q. When did she know that he was married to this Ann Archer? - A. Before she married War-dropper.

Q. Did she ever tell you that? - A. Yes, certainly, she did.

Q. Has she told you that once, or more than once? - A. More than ten times when I have been in company with her.

Q. Were you ever free at all with her? - A. As much so as a man could be with a woman.

Court. Gentlemen of the Jury, in attending to the evidence. you see that both marriages are proved, therefore he must be convicted; at the same time, I have seen enough in this case to convince me that it is not one of those cases in which severe punishment ought to be inflicted; you will therefore find him guilty, and leave the punishment to the Court.

GUILTY .

Fined 1s. and discharged.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17971206-3

3. SIMON PLUNKETT was indicted for feloniously stealing, on the 10th of August , a grey gelding, value 10l. the property of Joseph Goddard .(The case was opened by Mr. Const.)

JOSEPH GODDARD sworn. - On Wednesday the 9th of August, in the evening, a grey gelding of mine, was drove into a field near my house, and when the man went in search of him the next morning, he was gone, the gate was found wrenched off; I missed him about five the next morning; I sent a man out with hand-bills, and the same horse was brought to me afterwards, by John Ridgeway , on the 6th of the next month.

JOHN RIDGEWAY sworn. - I am servant to Mr. Goddard; I was informed, by a farmer's man, that my horse was gone, and I went and looked at the gate; the gate was broke open with a stake, the stake lay just by the gate, and then I went off to London in search of him; bills were printed, and he was advertised; in consequence of a letter sent to me, I went after him; I stopped at Rygate, and had some information there; in consequence of which, I went to a place called Blythe, there I had further information, and went to a place called Bofield, and we went from place to place, till we came to a place where there had been a fair about six days before, and there I heard that the prisoner had parted with the horse, and we traced him to a place called Bentley-green, and from thence to Tunbridge-wells, and then to Trowbury-gate,

near Cuckfield, in Sussex, and we got nearer to him then.

Q. In consequence of all the information you received, did you at last come up with him? - A. Yes, at Trowbury-gate, there he had pitched his tent; Mr. Homewood, who was with me, asked him what he had done with his grey horse, and he said, he had parted with him; I then got off my horse, and took him by the collar, and told him, he must go with me; he asked me for what? upon very strong suspicion of horse-stealing, says I.

Q. Did you tell him from whom? - A. No, I did not; he asked me where my warrant was, I told him I had none; he rather scrupled going, and I told him he should go; I went to the public-house, and got some ropes to tie his hands; I went with him to one Mrs. Burt's, and sat up with him all night; I heard him talking to himself, he said, Goddard, Goddard, he appeared to be dreaming, that he had sold horses for Goddard about forty years ago.

Cross-examined by Mr. Alley. Q. That was a dream about Goddard? - A. Yes.

Q. Did he mention any thing about a man of the name of John Glover , that was a horse-dealer, that he had a horse from? - A. No.

Mr. Const. Q. Were you the person that went afterwards and found the horse? - A. Yes, it was the same horse; I found it in Mr. Luck's possession, I had bought the horse for Goddard.

Mr. Alley. Q. What distance was the place where you lost the horse, from where you found the prisoner? - A.Eighteen or twenty miles.

JOHN PIPER sworn. - In consequence of some advertisements, I saw the grey horse that was described, in the possession of the prisoner, on the 15th and 16th both; he pitched his tent just by my house, and there he staid all night, and in the morning he offered me the horse for sale; says he, the lowest price that I will take for it, is sixteen guineas, but we did not agree for it; I asked him where he brought the horse from, he said, out of Southampton; I think he said he had run nine months in the Yarmouth mail, some mail, I think Yarmouth, and I asked him the reason of their parting with such a horse, it was a nice young horse, and he said, they parted with it for being too heavy; then he offered me a black mare that he had got, but I had no dealings with him.

Cross-examined by Mr. Alley. Q. Are you sure this was the 15th and 16th of August? - A. Yes.

Q. Have you any particular reason for knowing it was not the 17th? - A. Yes.

Q. What is the reason? - A. I was helping a man to put some timber upon a carriage, it was on the Tuesday, I am sure it was the 17th.

Q. He talked about the Yarmouth mail, did he not say, that that was what the person, that he bought it of, had told him? - A. No.

WILLIAM LUCK sworn. - I know the person of the prisoner, I changed a horse with him on the 23d of August.

Q. The same horse that Goddard has claimed? - A. Yes; I gave him eight guineas to boot, and another horse that cost me about eight and a half, he said his name was Hall.

Q. Are you he said his name was Hall? - A. Yes; and I asked him whether he was any kin to Mr. Hall, of Riverhead, and he said no, no kin at all.

Cross-examined by Mr. Alley. Q. The money that you gave him, and the other horse was a fair price, was not it? - A. Yes.

Q. It was a public sale, there was no talk about the transaction? - A. None.

Q. Did not he tell you he had bought the horse himself of a man of the name of Glover? - A. No, he did not.

- COLLINS sworn. - I know the prisoner very well, by sight, I saw him here last sessions; I unluckily introduced him to my neighbour, Mr. Luck, and I saw them go backwards and forwards in the road to try the horse, and my neighbour agreed for the horse, at eight guineas, and my neighbour's horse; says he, what is your name, says he, Hall; says he, are you any kin to Hall, of Riverhead; he said, no, but he knew him very well, and had sold him many a horse; he said, the horse did not suit the business that he wanted him for.

Cross-examined by Mr. Alley. Q. He would not abate a farthing of the price he asked? - A. No.

Q. Do you know a man of the name of Glover, a horse-dealer, who has been once tried? - A. No.

- HOMEWOOD sworn. - I saw the horse, on the 2d day of August, in the prisoner's possession; he offered to sell me the horse, I did not know that it had been stole till the last day of August; Mr. Piper came to me, and I went round to all the places with Ridgeway; he had more horses with him, and I purchased a black mare of him; I pursued with Ridgeway till we came up with him, which was a little way from Trowbridge-hill, and there we took him; I sat up in the room part of the night with him; when he offered me the horse, he told me his name was Simon Plunkett .

Cross-examined by Mr. Alley. Q. Do you not know that he is a man that travels about the country, dealing in horses? - A. I did not know it before; I do not know that I ever saw him before hat time.

Prisoner's defence. This grey horse, and this black mare, I made an exchange for, at Mitcham, with

one John Glover , who is very well known in Kent, Sussex, and Middlesex; he serves this country with a great many good colts and horses; he overtook me coming from the White-hart, at Mitcham, as I was bound to London; he says, Plunkett, I am glad to see you; then we went to the White-hart, there was a cricket-match upon the Green, and a great many people upon the Green, we had a pot of sixpenny together; this grey se, says he, I had from a place called Sleep en; says he, Plunkett, you must give me ten guineas and your mare; and after we had drank a pot or two together, I told him I would advance him eight guineas, that I had no more cash but nine about me, and I should want it to travel with; he told me I was welcome to all if I liked, and I paid him eight guineas, this was the 17th day of August; I let a bricklayer have him to see it he would draw; says Glover, I had him out of the Yarmouth Mail-coach; says he, you know the sand upon that road is very heavy, and this horse is too heavy for them, I sold it to Mr. Luck, for eight guineas and another horse, and I thought it was a very good chop; I overtook Mr. Homewood, and offered him the black Mare, and I was afterwards pursued and taken. NOT GUILTY .

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

Reference Number: t17971206-4

5. HENRY YOUNG was indicted for feloniously stealing, on the 27th of October , fifty five pounds of brass, value 36s. the property of the Governor and Company of the Chelsea Water-Works .

THOMAS SIMPSON sworn. - I know the property to be the Company's, it was sold to Mr. Birch, in Holborn, the Company's brass-founder; it was lost from the Chelsea Water-Works, and, in sorting it over, he found fifty-five pounds of brass belonging to the Company; he is not here.

ANN KULEYMAN sworn. - The prisoner brought to me, at different times, six pieces of brass; I am a dealer in that article.

Q.When did he first bring you any? - A. It is so long ago I cannot tell you; I did not know what they belonged to, it is a plain piece of brass with a notch in the middle of it; I sold it, at different times, to the man that I sell all my old brass to, Mr. Wadsworth, he is in Court.

- WADSWORTH sworn. - I deal in brass: I have purchased brass frequently from the last witness; among them were some pieces that I have since found, belonged to the Chelsea Water-Works; I sold a quantity of pot-metal, as we call it, to Mr. Birch, and these pieces among them; Mr. Simpson came to my house to enquire about it, and the man was taken up.

WILLIAM BOWYER sworn. - I am an officer(produces six pieces of brass): I apprehended the prisoner, that is all I know about it; Mr. Birch is not here.

NOT GUILTY .

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

Reference Number: t17971206-5

6. JOSEPH CHETHAM was indicted for feloniously stealing, on the 2d of November , seven pints of brandy, value 10s. the property of Robert Jones .(The case was opened by Mr. Knowlys).

HENRY HILLMAN sworn. - I am one of the Excise-watchmen, upon Sommers-quay ; there were seventeen casks of Foreign brandy of Mr. Robert Jones's there; I did not know any thing of the prisoner before this happened; on Thursday, the 2d of November, about eight in the evening, I saw him lying behind a puncheon of brandy of Mr. Jones's, he had a bladder in his hand, whether he was taking it away, or fixing it to the cask, I cannot say; seeing me, he got up and knocked me down; I caught him again, and he knocked me down again with his fist, that was about ten yards from the cask.

Court. Q. By a fair blow, or did he shove you down? - A. A fair blow; he struck me somewhere about the breast; then I caught him again, and knocked him down; he had then got into Thames-street, there I got assistance and secured him; he had left the bladder behind him, it was fixed to the cask; I went after the bladder, and there were seven pints in it; it was then in the custody of Mr. Gower.

Q. Was the bladder that you saw when you came back, like that which you first saw in the prisoner's hand? - A. Yes.

Q. How was it fixed to the cask? - A. There was a plug put into the cask, and a quill fixed in the neck of the bladder, and put in where the plug was, and then there was another hole made at the top of the cask for vent.

JOSEPH GOWER sworn. - I am a watchman: I was walking backwards and forwards upon sommers-quay, I saw the prisoner and another man, at six o'clock; I had observed him there from six o'clock till the time the last witness ran after him; I saw them lurking about the brandy casks till I saw Mr. Hillman going after the prisoner; and then I went to the brandy cask, and took the bladder out; it had the same quantity of liquor in it that it has in it now.

Q. How was the bladder situated? - A.There had been a hole bored into the brandy cask with a gimblet, then there was a quill tied to the neck of the bladder.

Q. Could the quill have been introduced after the hole had been bored? - A. Yes; I took the quill out of the hole in the cask, and drove a spile into it, to prevent the brandy gushing out; I staid with the brandy till Mr. Hillman came back again.(William Green, the constable, produced the bladder, which he had received from Mr. Hillman).

Q.(To Hillman). Is that foreign brandy? - A. It is, it was taken out of Mr. Robert Jones 's cask.

JOSEPH LOWE sworn. - Examined by Mr. Knowlys. I am an Excise-guager: I had guaged this cask between three and four in the afternoon of the 22d of November; the next morning, I was ordered by the Land-surveyor to guage it again, which I did, and I found deficient from four to five gallons, it is foreign brandy; the hole was a great deal too large for the quill; I am sure that a great deal must have run waste.

Prisoner's defence. I was going home from work, and heard a cry of stop thief, and they laid hold of me; I never was near the cask.

The prisoner called his serjeant, who gave him a good character. GUILTY (Aged 22).

The Court immediately pronounced sentence of transportation for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17971206-6

7. BENJAMIN PACKFORD was indicted for feloniously stealing, on the 17th of October , a leather pocket-book, value 5s. the property of David Young .

DAVID YOUNG sworn. - I am a ship-chandler : On Saturday the 7th of October, about half past one o'clock at noon, I had my pocket picked by the prisoner and another, in Ball-alley, leading from George-yard, Lombard-street , which is a narrow passage; I found a man on each side of me with their hand in each pocket; the prisoner had my pocket-book, and gave it to the other; I saw it in the prisoner's hand; they ran away, and I caught the prisoner myself in three minutes, I never lost sight of him, I called out, thief; it was a red pocket book, worth about 5s. 6d.

Cross-examined by Mr. Alley. Q. This was a passage leading into George-yard? - A. Yes.

Q. It is pretty dark there? - A. It is very dark.

Q. You never saw the prisoner before that day? - A. No.

Q. And you were a little alarmed, were not you? - A. No; I have gone through there five hundred times, and never was alarmed.

Q. Is not this passage so narrow that it is impossible for two or three men to pass without rubbing one against the other? - A. Yes; that is the reason why I discovered my pocket-book was gone.

Q. Will you swear that that man had his hands in your pocket? - A. I have sworn it.

Q. Did not you lay hold of his hand then? - A. I would if I could, but he was too quick for me.

Q. Was he searched afterwards? - A. Yes; before the Lord-Mayor, at the Mansion-house.

Q. And yet, though you knew the other man had the pocket-book, you suffered him to go away? - A. The pocket-book was brought to me.

Q. And you charged the man that brought you the pocket-b with being the man that took it? - A. No, I not; it was brought to me at the Jamaica coffee-house; there were a great many conjectures about it, how I should come by it again so suddenly.

Q. Was this a wet or a dry day? - A. It was a very dirty day.

Q. Your pocket-book was quite in the same state in which you lost it? - A. Yes.

THOMAS WARD sworn. - I am a constable(produces the pocket-book): I had it, I believe, from captain Young, the last witness; it was given me in the coffee-house.

Q. Did you see the man in the coffee-house that brought it there? - A. Yes.

Q. Is he here to day? - A. Yes, he is.

JOHN HORTON sworn. - I am a manufacturer of perfumery, servant to Mr. Johnson, in Ball-alley, Lombard-street: I am the person that found that pocket-book, which, I believe, to the best of my knowledge is the same pocket-book; I found it under the covered way in Ball-alley, about three steps from the door of the academy; it was between one and two o'clock, I was going out to my dinner, when I found it; a gentleman saw me pick it up; and I carried it to the Jamaica coffee-house, and delivered it to Mr. Young.

Mr. Alley. Q. You found it in the covered way? - A. Yes.

Q. Then it was pretty clear it could not have been given to any person, and carried away? - A. I know nothing how it came there.

Q. Did not he charge you with stealing it in the coffee-house? - A. No; when I took it in, the gentleman that saw me find it, said, here is the person who has found it; he said, I do not know how he should find it, for it has never been upon the ground.

Q. And you swear you did find it in Ball-alley? - A. Yes.

Court. (To Young). Q. Look at that pocket-book? - A. It is mine, it has my name in it, wrote by my clerk the day after I bought it.

Prisoner's defence. I am innocent of the fact.

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

GUILTY (Aged 22).

Tried by the London Jury, before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17971206-7

8. MARIA THERESA PHIPOE , otherwise MARY BENSON , was indicted for the wilful murder of Mary Cox , October 25 .

She stood charged also with a like murder, upon the Coroner's Inquisition.(The indictment was opened by Mr. Matthews, and the case by Mr. Const.)

LETITIA MUNDAY sworn. - Examined by Mr. Matthews. I live at No. 18, G Garden-street ; Mrs. Phipoe lodged with me about six months; Mrs. Cox came to our house on Wednesday, the 25th of October, she knocked at the door, and I let her in.

Court. Q. Do you know upon what occasion she was sent for, or what she came about? - A. No; I do not know any thing about it; she came and knocked at the door, and asked for Mrs. Benson.

Court. Q. Did the prisoner go by the name of Benson? - A. Yes. I told her she was at home, she went up stairs; Mrs. Benson came down to me in a few minutes after, and said to me, Mrs. Munday, will you do me a favor, to get me half a pint of brandy, and change for a guinea, which I did; when I came back, I opened the door, and let myself in with the key; I came to the foot of the stairs and called, Mrs. Benson, here is the stuff; Mrs. Benson said, I am not ready for you yet, I will call when I want you.

Q. What did you next observe? - A. I heard a great groaning, and a rattling in the throat, and a scuffling in the room; I went and called my opposite neighbour, of the name of Macdonald; she came back with me, and I called out to know what was the matter.

Q. Did the noise continue when you returned? - A. No; the groaning had then ceased.

Q. How long had you been absent? - A. As near as I can recollect, about ten minutes; Mrs. Macdonald staid in the house while I went to call Miss Eyles, and she followed me immediately as fast as she could come; we all three went up together, and I insisted upon knowing what was the matter; Mrs. Benson said, nothing at all was the matter, the woman was only in a sit; I still insisted upon knowing what was the matter again, and I would go for a doctor; she said, there was nothing the matter, she was recovering, she was rubbing her by the fire.

Court. Q. Was the door shut, so as to prevent you from making your own observations? - A. The door was shut, it was locked; but afterwards, in about five or ten minutes, she opened the door a little way, so that I could see only a small part of her face, and the skirt of her gown.

Q. Was it open sufficient for you to gain admittance? - A. No.

Q. Was it the prisoner's face and skirt that you saw, or the deceased's? - A. The prisoner's; when she opened the door, she said, you may come in, Mrs. Munday, but nobody else; I was terrified, and flurried, and did not go into the room; I then went out for a surgeon.

Court. Q. Who mentioned your going out for a doctor? - A. Miss Eyles; I then went for a doctor, and left Miss Eyles and Mrs. Macdonald up stairs.

Q. Did you procure a surgeon? - A. He was not at home, he followed me soon after.

Q. What was the doctor's name? - A. Pearce; when I returned to the house, I saw Mrs. Benson walking about the passage, holding of her singer in my passage, just by my room door.

Q. Did she make use of any expression? - A. No, none at all.

Q. Did any body else come with the surgeon? - A. Yes, the beadles of the parish, Dunbar and Grey; they came all together, as near as I can tell; I saw the deceased standing in my kitchen, with her head supported by her hand on the table.

Court. Q. Did she make use of any expression? - A. When I went in, I asked her if she could speak, or make any motion, when she shook her head, her throat was cut on the right side.

Court. Q. She did not speak? - A. No; she made a motion with her hand, across her throat, and pointed up stairs, I saw no more; a surgeon came in, a coach was called, and she was taken to the Hospital; Mrs. Macdonald's daughter came in just before she was taken away.

Cross-examined by Mr. Fielding. Q. There were a great many people, I take it for granted, flocking to the house? - A. The whole neighbourhood surrounded my door.

Q. Upon the same instant, when you entered, other people got in to see what passed as well as yourself? - A. There was Mrs. Macdonald, and her daughter, and my relation Miss Eyles, nobody else to my knowledge.

Q. You were extremely flurried from the moment you went out, till the time you came in again? - A. Yes.

Q.You yourself did not attempt to put any further question to the poor creature in that situation, than asking whether she could speak, and she making that motion, you declined asking any further questions? - A. Yes; I then went into my own room.

Q. Leaving the surgeon and the other people in the kitchen? - A. Yes.

Q. Do you know whether Mrs. Cox was in the habit of visiting Mrs. Phipoe before? - A. She often came to my house, once a week, or once a fortnight, and sometimes twice a week.

Q. Did you ever hear her speak of Mrs. Phipoe's

kindness to her? - A. I knew nothing more of her than letting her in.

Q. You never perceived any thing like ill-wi between these two persons? - A. I never heard a word of that kind.

Q. On the day that she called, Mrs. Phipoe had not sent for her, by your knowledge, at all? - A Not to my knowledge.

Q. She staid some time, and you did not hear any anger? - A. No.

Q. When you went out, you did not take up many minutes before you returned? - A. Near about ten minutes.

Q. Upon your return, you heard something that appeared like a groan? - A. Yes; a groaning and scuffling in the room.

Q. What flurried you at that time? - A. Hearing the noise.

Q. Did not you ask what it was? - A. When I told her I had got the stuff, she said, not ready for it.

Q. It was but a short time, from the time you went out for Miss Eyles, till you returned? - A.About a minute or two.

Q. Then how long was it before Miss Eyles came? - A. Immediately.

Q. In consequence of what passed then, Miss Eyles desired you to go for a surgeon, therefore it could not be very long before the surgeon, and the beadles came? - A. They followed me as soon as they came home; they were not at home.

Q. Then there had not elapsed, from the first arrival of Mrs. Cox at your house, till the surgeon and headles came, above half an hour? - A. I really think it could not be more, or three quarters at most: but I had no clock. and was very much flurried.

Q. The first time you saw Mrs. Phipoe, she was extremely bloddy? - A. Yes, very bloody, and her singer bleeding.

Q. Did she then complain? - A. Yes, she said, oh my finger.

Q. How far were you from the deceased, when you came in, after she had got down? - A. The kitchen is just as you enter the house.

Q. And the prisoner was walking in the passage? - A. Yes.

Q. Nothing was passing between the deceased and her? - A. No, nothing.

Q. Did you ask Mrs. Benson any question upon your coming in? - A. She went up stairs; I was flurried, and went into the kitchen.

Q. You and the other women were gone out for a surgeon? - A. I went out; they remained in the house.

Q. Was Mrs. Phipoe the first person you saw, when you came in? - A. Yes.

Q. Was the street door open or shut? - A. I cannot say, but I think Mrs. Macdonald opened the or to me.

Q.You heard a noise, that seemed to you like a scuffle? - A. Yes.

Q.And you heard no cry out at all? - A. No.

Q.Something that appeared to you like a scuffle, and an, but no cry out? - A. No, none at all.

Q. Do you ow if Mrs. Cox had visited Mrs. Benson, or were you ever of the party, when they were together? - A. No, no farther than letting her in.

Q. What was the business Mrs. Cox pursued, as far as you know? - A. I do not know, but what I have heard since this has happened.

Q. How long has Mrs. Benson lodged with you? - A. I think six months or thereabouts, but I did not set down the day of the month.

Q. During that time, what was her appearance in your house? - A. She was very well always.

Q. Did you ever observe any thing odd about her behaviour? - A. she and I had some words once, about some china plates; she was very hard I thought upon me, as though I had broke them.

Q. But her disposition in your house was that of a good natured woman? - A. I never saw any thing to the contrary, but those few words.

Court. Q. Did she appear to be of a passionate disposition? - A. Rather passionate.

Q. Do you happen to recollect, during the six months she lodged with you, that she was a woman that had her understanding perfectly? - A. Yes.

Q. Did you ever observe any quarrel between the deceased and the prisoner? - A. I never heard any thing of that sort.

MARGARET M'DONALD sworn. - Examined by Mr. Const. Q. Do you know the prisoner at the bar? - A. Yes.

Q. Where do you live? - A. I live facing Mr. Munday's house, No. 1, Garden-street, St. George's in the East.

Q. Do you recollect, on the 25th of October last, Mrs. Munday's coming to you? - A. I do; I went immediately over with her; I asked her what was the matter, I saw there was some trouble in her countenance; she left me in the passage for some time, whilst she went to fetch Miss Eyles, and a little before Mrs. Munday's return, the first thing I heard was, a heavy groaning, as if some person had been taken very poorly; the next thing I heard was Jesus Christ -

Court. Q. The expression of Jesus Christ, did you know from what person that voice proceeded? - A. I think it must have been from the prisoner; because the other person was not able to speak; on their return, I was just running to the door, we

went all three up stairs, I was hindmost, the two women went to the door of the prisoner; Mrs. Munday asked Mrs. Benson what was the matter with the woman, Mrs. Benson made answer, and said, nothing at all, that the woman had been i sit, but was quite recovered; Mrs. Munday said, she would go for a doctor, to which the prisoner answered, you may; Mrs. Munday again insisted upon having the door opened, what was the matter; the door was then opened the prisoner a little way, and the prisoner said, you may come in, Mrs. Munday, no other person has any business here.

Cross-examined by Mr. Fielding. Q. You say, when Mrs. Munday said she would go for a doctor, the answer of the prisoner was, you may? - A. Yes, as nearly as I can recollect.

Mr. Const. Q. She did open the door immediately? - A. Yes.

Mr. Fielding. Q. Did not I understand you, that the prisoner replied, Mrs. Munday, you may come in, but nobody else has any business here? - A. Yes.

Mr. Const. Q. Was the door opened wide enough for any body to go in? - A. No; the prisoner held the door with her hand; I was so situated I could see the prisoner.

Court. Q. You attempted to open the door? - A. I opened the door; the first thing that occurred to my view, was the prisoner in a very shocking condition, standing before the door, holding up her finger with a white pocket handkerchief all over blood; I said, Oh Lord! Mrs. Benson, what have you been about; she wanted me to come in, and made mention of something about money; and then I ran down stairs calling out murder.

Court. Q.Did you perceive the deceased? - A. I did, I looked at the deceased; she was between the fire-place and the bed, the bed was pulled down upon the floor; she had one hand under her head bleeding like an ox, and holding her apron with her other hand to the side the would was; every thing was bloody in the room, and the woman especially.

Court. Q. Was she sitting upon a chair or upon the ground? - A. Upon the ground; she had an apron holding to the wound, and it looked so ghastly that I was frightened.

Court. Q. Could she speak at that time? - A. No; I said to the prisoner, good God, has the Lord left you; what have you been about, Mrs. Benson, that your passion has over-ruled reason.

Q. Did she make you any reply? - A. She said, my dear Mrs. M'Donald, look at my finger, see what she has done; I immediately ran down stairs, and left them both in the room.

Q. Did she say any thing further? - A. Not a word, till I went down stairs; before I got half along the passage, Mrs. Munday went out for somebody; I ran straight to shut the door, as I was left in trust of the house; the deceased followed me down stairs, and she took hold of me by the two hands, she was in a shocking condition; Mrs. Benson came down, and I was between the two; the deceased made a noise like t-t-t-t-t, and wanted to go out of the house; Mrs. Benson came beside me. and said, take this woman away; I got her into the passage, whether Mrs. Benson helped me or not I cannot tell, I got her into the kitchen; Mrs. Benson said, come away, Mrs. Cox; no, she says, I will not come up stairs; and then I went house and washed my hands from the blood; that is all I know.

Court. Q. You assisted the deceased in getting her into the kitchen? - A. I did, and nobody else.

Q. The prisoner followed her down stairs? - A. Yes.

Cross-examined by Mr. Gurney. Q. You say, when you opened the door, and was going into the room, the prisoner desired you to come in? - A. She did; and told me to look at her finger, and see what the woman had done to her.

Q. You asked the prisoner to help you to assist her, in getting the deceased into the kitchen? - A. Yes; the Lord enabled me some how or other.

ELIZABETH EYLES sworn. - Examined by Mr. Matthews Q. Where do you live, Mrs. Eyles? - A. In Princes-street.

Q. Do you know the prisoner at the bar? - A. I have seen her before.

Q. Did you see her on the 25th of October last? - A. I did.

Q. Relate to the Court what you saw on that day? - A. I knocked at the door; I said, to Mrs. Munday, what is the matter; she said, I fancy they have bad a few words, but every thing was now quiet; I said, then why did you come for me; and I insisted upon going up stairs to know what was the matter; I followed Mrs. Munday up stairs, I heard the deceased making a great noise as loud as she could.

Court. Q. What kind of noise was it? - A. It was not a groan; I apprehend she might make a noise as if she was in a sit; Mrs. Munday asked Mrs. Benson what was the matter; she said, there is nothing the matter; Mrs. Cox has had a pain in her stomach, she has been in a fit, but she is recovering very fast.

Mr. Matthews. Q. Was the door opened, or shut? - A. The door was shut; Mrs. Munday said, I am sure there is something the matter, I had better fetch the doctor; the prisoner said, there was nothing the matter at all; the prisoner then asked Mrs. Munday if any body was with her;

Mrs. Munday said, my cousin, meaning me; I said, I am sure the woman is dying, why don't you open the door; the prisoner said, she is not dying, she is only in a sit; she then partly opened the door, and I just saw a part of her face; Mrs. Munday again said, why don't you let me go for a doctor; I did not hear the prisoner reply to that; Mrs. Munday said, she would go and fetch Mr. Pearce the surgeon, and Mr. Dunbar the beadle; and I followed her down stairs.

Court. Q. You saw the deceased in such a condition you thought she was dying? - A. I did not see her in the room, I thought, from the groans that she made, she was dying; I saw the deceased after she came down stairs.

Q. In what state did you find her? - A.Leaning upon her left elbow, in the kitchen, with her face upon her hand, with a large cut open the side of her face, and in such a state that she appeared to be all over wounds.

Cross-examined by Mr. Fielding. Q. I think you told my Lord you did not see the deceased while she was in the room? - A. I did not.

Q. When you went up stairs you thought you heard the noise of a person in a sit? - A. No; I heard the deceased make a noise as if she was dying.

Q. You asked what was the matter; was the noise like a person in a sit? - A. I don't know whether it was like a person in a sit, I apprehended she was dying, as Mrs. Munday had said she had heard the saint noise of murder cried.

Q. When you went up stairs, you have told my Lord, you heard a noise as if a person had been in a sit? - A. I heard a noise, oh! oh! in this manner.

Q. You never got a sight of the woman at all while she was in the room? - A. I did not.

Q. You being with Mrs. M'Donald and Mrs. Munday, I am led to conclude, that they heard every thing that you did? - A. Yes.

Q. Did you, when Mrs. Munday said she would go for a doctor, hear Mrs. Benson say, you may? - A. I don't recollect that; I heard her say, Mrs. Munday, you may come in; but Mrs. Munday said, I will not come in without other persons.

Court. Q. As I understand you, you did not see the person of the deceased till she came down into the kitchen? - A. I did not.

Q. When she came down, you had an opportunity of observing her while the surgeon was dressing her wounds? - A. Yes, I followed the surgeon in; I saw her leaning upon her left elbow, with her face upon her hand.

Q. Was she capable of holding any conversation with you? - A. I heard her say, yes and no; there was a wound on the left side of her breast, and she was all over blood.

ESTHER NEWFORD sworn. - Examined by Mr. Const. Q. Where do you live? - A. At No. 19, Garden-street, next door to Mrs. Munday.

Q. Do you remember, on the 25th of October, any thing remarkable happening that took your attention? - A. Yes, I do; as I was scouring the room between eleven and twelve o'clock, in the forenoon, I heard a particular screaming, but not murder; I was own stairs; I heard a knocking against the w he room where the murder was commited, and when I listened, I heard a terrible groaning, it was as if a person could not speak loud; like as if they were smothering the groan.

HENRY GREY sworn. - Examined by Mr. Matthews. Q. What are you? - A. I am beadle of St. George's parish: I recollect being applied to upon the 25th of October last.

Q. Where did you go to? - A. I went to Mrs. Munday's; when I went into the passage there were some women, but they were afraid to go up stairs, and we went up stairs and knocked at the door, and the door was opened; I saw the prisoner and the woman, the cut was so great you would have thought her head was nearly cut off; I did not expect, from her appearance, that she would live.

Q. Who did you go with? - A. I went with my partner, Dunbar, the beadle; we thought it necessary to see who was the perpetrator of it; we went up stairs, and there was some resistance made; Mrs. Munday said, we must have a surgeon; I went out of the room immediately; doctor Pearce arrived, and dressed the wounds, and he asked the deceased by what instrument this was done; and she made him to understand, by signs, that it was done by a knife, or a dagger; I went with her to the hospital.

Court. Q. You did not expect she would live? - A. I did not expect she would live five minutes.

JOHN DUNBAR sworn. - Examined by Mr. Const. Q. You are a beadle, belonging to St. George's parish? - A. Yes.

Q. You remember going with Grey, to the house of Munday, on the 25th of October last? - A. Yes; I was there from the time I went in till the deceased and the prisoner went away; I went into the kitchen, and saw a woman, whose name, they said, was Mary Cox , sitting in a chair, cut and mangled very much; she held out her hand to shake me by the hand, she pointed to her right hand pocket, wishing me to take something out, consequently I took out this, (produces a watch in a case); she pointed with her hand to this pocket, (a side pocket in the witness's coat); I understood by that, she meant me to put this into my pocket; she could not speak, but she said, oh! oh! I have had it in my possession ever since; I asked her who had served her in this manner, whether it was the wo

man up stairs, and she said, oh! oh! when I went up stairs, I opened the door, I believe the door was shut, and the first thing that presented itself to me, was the prisoner at the bar, she was sitting upon the end of the bed, and I said, God Almighty! what have you been about, what could induce you to serve this poor woman below in the manner you have done; says she, I don't know, I believe the Devil and pashon have bewitched me; I saw a case knife with a green handle lying up the table, and part of a finger; I asked her when she that was her finger, she said, yes, that the woman below, Mrs. Cox, bad cut it off.

Court. Q. Did you examine her hand to see if corresponded with the truth? - A. Yes, I did; she held her hand up, and I saw the first finger of her left hand had been cut off. The prisoner said, that there was some money lying about the room, and I looked for it, and I found, I think, three or four guineas, and there were two notes, a one-pound-note and a two-pound-note, which I found lying upon a trunk. (Produces the notes).

Mr. Const. Q. Were they stained in that way when you found them? - A. Yes.

Court. Q. Did the prisoner at the bar say any thing to you respecting the property she had in the room, did she desire you to collect it? - A. Yes, she did; I found the four guineas and two notes.

Court. Q. There was a guinea found in addition to the four guineas you speak of? - A. When I found the four guineas, the prisoner at the bar seemed to say that it was not all that belonged to her, a desired me to put my hand into her left pocket, and there I found two guineas, half-a-crown, and the amount of sixpence halfpenny in halfpence.

Court. Q. When you were in conversation with the prisoner in the room up stairs, did she appear to you to have her understanding? - A.Perfectly, my Lord; I saw no appearance of insanity.

Q. Did the prisoner make any excuse for her conduct and behaviour towards this poor woman, or did you perceive any disorder upon her arising from insanity? - A. Nothing at all of that.

Mr. Matthews. Q. You don't know whether any thing else happened in Mrs. Munday's house? - A. There was one thing I should have mentioned; when I came down stairs, I asked the deceased, below, whether she had cut the prisoner's finger off, and she said, oh! oh! which I understood to be, no.

Q. When you came to the hospital, were you present when the prisoner was searched? - A. I was not; there was an observation I should have made of searching the prisoner before she went; there were some ladies in the room, and they said they would search the woman, but I don't know if that was done; the prisoner said, I am ready to be searched, if you will, I have got no knife about me.

Cross-examined by Mr. Fielding. Q. Do you happen to know, of your own knowledge, that there were women in the kitchen? - A. I believe there was a woman or so, for they intimated something that the woman would go away.

SOLOMON JEWELL sworn. - Examined by Mr. Matthews. Q. What are you? - A. I am beadle to the London-hospital: I remember the deceased being brought to the London-hospital, on the 25th of October last; she was cut in a very shocking manner, she had got a wound upon the side of her neck, and several more upon the breast.

Q. Did you see the prisoner? - A. I did; she was searched; I was desired to withdraw; she was searched by my wife.

SUSANNAH JEWELL sworn. - Examined by Mr. Const. Q. You have some employment in the London-hospital? - A. I am a nurse in Mary's ward.

Q. Do you remember the prisoner being brought there? - A. Yes.

Q. Did you search her when she came there? - A. I did; I found a knife in her bosom, I carried it and delivered it to my husband.

Q. How was it concealed in her bosom? - A. It was concealed in her bosom next to her body.

Q.(To Soloman Jewell). Q. Your wife says she delivered a knife to you, produce it? - A. Yes.(Produces the knife).

Q.(To Mrs. Jewell). Was the knife stained as it is now, when you took it from her? - A. It was more stained then, the blade, as well as the handle was all over blood and dirt, it was much more stained than they are now, from the length of time that has elapsed.

Q.(To Solomon Jewell ). This is the knife your wife gave to you? - A. Yes.

Mr. Fielding. Q. Did she make any resistance when you attempted to search her? - A. She was very unwilling to let me search her.

WARREN PEARCE sworn. - Examined by Mr. Const. Q. What are you? - A. I am a surgeon; I was called in to the deceased; I saw her sitting in the chair with her hand up to her head, mangled in a most terrible manner; there was a cut across the throat, and four or five stabs or incisions, and several wounds on her hands and body.

Q.Were they near her breast? - A. The upper part of her breast.

Court. Q.Were there any wounds that were likely to endanger her life? - A. I considered the wounds mortal; I conceived that the woman would die in consequence of the injury she had received.

Q. By what instrument did you conceive those wounds to be made? - A. They appeared to have been made by a sharp cutting instrument.

Q.Could the deceased speak? - A. She could

not speak intelligible, but she was very eager to make signs; I offered her a pen and ink, but she was not able to write; she made a kind of uttering, but not to be understood, and then shut her mouth and threw off a quantity; of air from the wind-pipe.

Q. Did you afterwards see the prisoner? - A. I did; I examined her hands, she had cut off one of her fingers; at least, one of her fingers was lying upon the floor.

Q. Did you collect from the appearance of it, how it could have happened, whether it could have happened by fighting? - A. I conceived it could not, the bone was cut-quite across; I told them I could not conceive it could be cut off by fighting; it was cut strait across, exactly in the kind of way as if you would lay it down upon a block. I sent them to the hospital.

Cross-examined by Mr. Fielding. Q. In fact, you saw the prisoner had lost a finger? - A. Yes.

Q. And, of course, there was a quantity of blood proceeded from the wounds? - A. There was a quantity of blood.

Q. And you observed, likewise, upon the hands of the deceased there were wounds? - A. I saw three or four; the principal wound was here, (pointing to the back of his hand); which seemed to be inflicted with great violence; and if it had been all flesh, I should have conceived the hand must have been cut off.

Q. Where did you first see the deceased? - A. I saw the woman, the first time, below stairs; at that time there was not a table spoonful of blood, she was without pulse, she had none whatever.

Q. How long did you continue with her before you left her? - A. I sent her away to the hospital; she left the house prior to my going away; it must have been about half an hour.

Q. Was not the difficulty of her conveying articulation more difficult the second minute than the first? - A. I was surprised to find a woman, who had lost so much blood, capable of holding up her hand.

Q. According to the appearance of the wound, the difficulty of conveying an articulate found, would of course have been less a quarter of an hour after the deceased received this wound? - A. It might have been so.

Q. I take it for granted, from the description you have given of the wound, you could not conceive that a person would be able to express herself? - A. There is an operation which we frequently perform, by which to dislodge any thing that may have collected in the throat.

Q.But did you hear this woman speak any thing? - A.I think the found nearest resemblilng a word, was, look! look! she took a great deal of pains to convince me what instrument it was this woman had used to inflict these wounds, and some of the persons about her asked her whether it was done by a knife; I immediately desired a servant to get some knives, and three or four were brought down, these were produced to the woman, and I understood from her, that these were not the knives; by the noise, she uttered as if the prisoner took it from her pocket and ned it.

Q.Then to understand you, that she herself was cap answering in that kind of way? - A. Yes.

THOMAS BLIZZARD sworn. - Examined by Mr. Matthews. I am a surgeon belonging to the London Hospital.

Q. Do you remember Mary Cox being brought in as a patient? - A. I saw her wounds.

Q. Can you take upon you to say, that those wounds, in your opinion, were the cause of her death? - A. Yes; I saw two or three wounds, either of which, according to my ideas, would have been the cause of her death.

Q. Did you likewise examine the prisoner? - A. I did.

Q. Can you, from your observation of her finger, and the nature of the wound, say, whether it was done in a scuffle, or any other way? - A. I cannot take upon myself to say.

The Rev. Mr. REYNETT sworn. - Examined by Mr. Const. Q. I believe you are a Magistrate in this county? - A. I am.

Q. You saw the deceased, Mary Cox , the night before her death? - A. Yes.

Court. Q. Do you apprehend that was convinced, in her own mind, she could not live? - A. It appeared so to me. (The deposition of Mary Cox , dated the 26th day of October, 1797, was produced, signed, James Reynett .)

Mr. Fielding. Q. This was taken from her own mouth? - A. From her own mouth.

Q. Not from questions proposed? - A. No; it was read over to her, and the prisoner was present at the same time.

( Mary Cox being sworn.) - Says, I live in New-gravel-lane, in the parish of St. Paul's, Shadwell; the prisoner, Mrs. Benson, sent for me to her house, that I continued with her untill night; yesterday, about one o'clock, I went to the prisoner's house in Garden-street, I gave her about eleven pounds for a gold watch, trinkets, and other things, which I had purchased from her; there was some china upon the mantle-piece, there were three coffee-cups; I said to the prisoner, give me one of those cups: the prisoner said, take one, and while I was taking one of these cups, she came to me with a knife, and stabbed me in the throat, and I was under her hands for an hour; she had locked the door, I called out, murder, nobody came to my

assistance; the neighbours broke open the door, the prisoner said, I was in sits; I never had any quarrel with her; that I paid her six guineas and a half, a two pound note, and a one pound note; that Mr. Dunbar, the beadle, has the watch, he put it into his pocket; I don't know how the prisoner came by the watch; I have known her about three months; when I was upon the bed, she said, you bitch, I will kill you out, that you shall not be able to tell your own story.

Prisoner's defence. On Wednesday morning, about eleven o'clock, the deceased called upon me, and found me on the bed, she came up stairs to my apartments; I went down stairs to Mrs. Munday, when I returned, I gave her a guinea, and desired her to get me some brandy; she then shewed me a white dress, which she wished me to purchase; I gave her a guinea for the dress, and she returned me half-a-crown; she asked me if I would sell her some articles I had to dispose of; I said, if she would take the whole, she should have them, that a small sum was not an object, I wanted to make up my rent; afterwards, she asked me about my watch, and ear-rings, and I said, if you will not take the whole, it is not an object to me, I shall not give you the ear-rings nor the watch; upon that the deceased said, I suppose you want to go to London to be Mr. Courtoy's whore again-you lie, says I; to which she says, it is truth, for it was proved at the Old-Bailey, and she said, why did you not go into Devonshire to a convent, upon which nt words ensued; I was standing close to the there was a knife upon the table and she took up a green handled knife, and cut my finger off; I did not know (such was the quickness of the transaction,) what had happened, till I picked my finger off the ground; with this, I snatched something from the table; a little while after, I found myself alone in the room, covered with blood, and on the table I perceived my finger; I had some kind of a recollection, and I went down stairs, there was the deceased sitting on a chair; Mrs. Cox, says I, what made you cut off my finger? my dear, says she, it is what pleased God, and I hope God will forgive me; I looked at her, I saw her bloody, I was conscious it was her that had mangled me in this manner; then somebody about me put some questions to me; then there was a cry out, that I wanted to make my escape; I went up to my room, it was all confusion; they told me, I had murdered the woman; I recollect somebody asked me for notes, but I cannot give an accurate account about it; some woman searched me, and changed my bloody clothes; when I found myself in this situation in the room, the people dressed me, and took me to the hospital, and a little time afterwards, they put a strait waistcoat on me; I enquired repeatedly how the deceased was, and they told me she was quite out of danger, and that she said, if she recovered, she would take care that nobody should hurt me; at four o'clock I was told, there was a gentleman coming to me, a clergyman, and that the commitment was going to be made out, and I was taken up; I was told she was quite out of danger.

For the Prisoner.

ANN RICE sworn. - Examined by Mr. Gurney.

I live in Shakespeare's-walk, Shadwell.

Q. Do you know Mrs. Phipoe? - A. Yes; I have known her about four years.

Q. Have you ever heard her make any mention of Mrs. Benson? - A. Yes; she brought her to my house to take an apartment with me, as a woman of property, who wished to live in a very genteel way, but to live retired; she told me I should see her.

Q. Did you ever hear her sentiments of her? - A. Yes; that she was a humane, good kind of a woman, and as loving as if she was her own sister; and I never was more surprised in my life than when I heard of this.

MARY M'DONALD. - Q. How old are you? - A. I shall be fourteen the 29th of May.

Q. Do you know what a solemn thing it is to call God to witness to what you say? - A. Yes.

Q. And you come here determined to speak the truth, and nothing but the truth? - A. Yes. (She is sworn).

Q. Now you won't tell me a word but what is truth, before God? - A. No.

Q. You are the daughter of Mrs. M'Donald, who has been examined as a witness? - A. Yes.

Q.Did you happen to go to Mrs. Munday's house upon this unfortunate occasion? - A. Yes.

Q. When was it you first got into the house? - A. I got in just as Mrs. Cox was brought down.

Q. Did you know that your mother was gone to Mrs. Munday's? - A. No, I did not.

Q. How came you to go to Mrs. Munday's at all? - A. Because I heard somebody say there was murder done there.

Q. When you came to the door of Mrs. Munday's house, was the door open or shut? - A. It was shut.

Q. Was any body with you at that time? - A. No.

Q. How did you get into the house? - A. I knocked at the door.

Q. Who let you in? - A. I am sure I cannot tell.

Q. When you got into the passage, recollect, as distinctly as you can, what was the first thing you observed in the house? - A. The first thing

was, that I saw Mrs. Benson in the passage, with her finger off.

Q. What was she saying, or in what manner was she moving about? - A. She was standing at the back door, and she told me to look at her finger, for it was very bad.

Q. What next did you observe after that? - A. I went into the kitchen, and saw Mrs. Cox sitting at the table.

Q. Who was in the kitchen, as well as you can recollect, besides yourself, when you saw Mrs. Cox? - A. There was nobody there.

Q. Did Mrs. Benson come from out of the passage to the kitchen, where Mrs. Cox was? - A.She came down stairs and went into the kitchen where I was with Mrs. Cox, and Mrs. Cox laid hold of my bed-gown, and would not let me go out of the room.

Q. Did you speak to Mrs. Cox, or Mrs. Cox to you? - A. She told me to stay by her and get a drop of water for her.

Q. Did she speak out in words that you understood her? - A. No; she spoke as well as she possibly could, and told me to get her a drink of water.

Q. How did you understand her? - A. Mrs. Benson told me so, I did not understand what she said.

Q. Did you see Mrs. Benson go into the kitchen to see Mrs. Cox? - A. Yes.

Q. Did you hear Mrs. Benson say any thing to Mrs. Cox? - A. She came down in the passage and told me to look at her finger, and she went up stairs and brought her finger down to me; she went to Mrs. Cox, and, with her finger in her hand, said to Mrs. Cox, look, you wicked woman, what you have done to me; says she, Mrs. Cox, God Almighty forgive you, for I do with all my heart, we have both been in the wrong.

Court. Q. Was there no other person in the room but you and the two parties? - A. No.

Mr. Fielding. Q. Did Mrs. Cox make any answer to that? - A. No; she nodded her head, and put her hand to her breast, and did not say a word.

Q. She could not then make herself understood? - No.

Q. But you are certain that this address passed from Mrs. Benson to her? - A. Yes; I am sure of it.

Q. How long were you left with Mrs. Cox and Mrs. Benson, after other people came in? - A. Not three minutes.

Court. Q. What became of Mrs. Benson afterwards? - A. She wanted me to go up stairs with her, and she would tell me how it began, and I was going up with her when the gentlemen came in.

Cross-examined by Mr. Const. Q. You are the daughter of Mrs. Macdonald, who was examined as a witness? - A. Yes.

Q. When you went over, it was after your mother had come back? - A. Yes.

Q. Mrs. Benson, the prisoner, wanted you to go up with her to tell you how it began? - A. Yes.

Q. Did Mrs. Benson say any thing to you about her finger? - A. No; she only told me to look at her finger, for it was very bad indeed.

Q. And whether Mrs. Cox understood what passed you do not know? - A. No.

Q. You went in and found Mrs. Cox alone in the kitchen? - A. Yes.

Q. Mrs. B afterwards came in, and as soon as she came rs. Cox caught hold of you and would not let you go? - A. No; she would not.

Q.Then Mrs. Benson wanted to send you for some water, and Mrs. Cox would not let you go? - A. Yes.

MARY REMINGTON sworn. - Examined by Mr. Gurney. I live near New Gravel-lane.

Q. Did you know the deceased, Mrs. Cox? - A.She lodged with me.

Q.Have you ever heard her say any thing about Mrs. Benson? - A. She always spoke of her with the greatest respect.

Q. Did you ever hear her speak of what Mrs. Benson's disposition towards her was? - A. I have always heard her say, that Mrs. Benson respected her as well as any woman in this world.

Q.You yourself had no acquaintance with Mrs. Benson? - A. Only seeing her come backwards and forwards to see Mrs. Cox.

Q. What was Mrs. Cox's temper? - A. A very hasty passionate temper at times.

Q. Do you know of any conversation that passed between them about a watch? - A. Tuesday evening Mrs. Cox came home about half past ten at night; she brought from Mrs. Benson's, as she told me, three table cloths, a dozen pillow cases, and two sheets; she said to me, you have heard me make mention of Mrs. Benson's watch; yes, says I, Mrs. Cox, I have; says she, Mrs. Benson talks of parting with it; it is not right for her to part with it, is it Mrs. Remington? says she, I have had several watches at different times, and they have laid rather upon my hands, and I will have nothing to do with it, and she meant to go to Mrs. Benson the next morning to look at some more sheeting and some table linen, which she did on the Wednesday morning.

Mr. Fielding. Q. At all times she expressed the greatest respect for Mrs. Benson? - A. Yes; at all times wherever she went.(The Jury having retired about twelve minutes, returned with a verdict of

GUILTY Death .

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

Reference Number: t17971206-8

9. JOHN STUBBS was indicted for the wilful murder of George Ware , October the 3d.

(The Case was opened by Mr. Jackson.)

CATHERINE SMALLMAN sworn. - I keep the house in which the deceased lodged, at No.8, Eaton-street, Swallow-street , in the back garret; he was a smith by trade, his wife lived with him. Stubbs lived in the lower part of the same house; he had left the house a few days before the accident happened, which was on the 3d of October.

Q.what occasioned him to leave your house at that time? - A. A little dispute arose between him and me.

Q. Did any blows pass? - A. Not much of that, he was in liquor.

Q. Did he beat you? - A. He struck me once, there was a blow or so passed.

Q. What did he beat you with? - A.With a bit of iron that he presses his wigs with.

Q. What sort of an iron was it? - A. It was fixed in a wooden handle.

Q. What became of that piece of iron? - A. I do not know; it laid in the window of the room that I live in for a day or two, and then he took it away to do his work with.

Q. Do you know when? - A. No, I do not.

Q. I believe, on the night of this quarrel, he left your house? - A. Yes; I do not know whether it was the Friday before the 3d of October, or the Friday week, I cannot say which.

Q. When did you see him again? - A. On the Friday morning after, he called for a shirt.

Q. Did he come on the 3d of October? - A. Yes; I w the fore parlour with the deceased, George W.

Q. What was he about? - A. Only sitting in the chair; I was busy at work; Stubbs came in and said, he was come to his lodging, and I told him he must not come there any more; he said, he would; I told him he should not; he said, he should, for where his work was, he would be; he said he had left a black handkerchief; I told him I did not know any thing of it, if he had left it, to go and look for it; he went to look for his handkerchief; says he, I thought I had not left it here, or else I should have found it, but I must have lost it. He used to make his wigs in the back room; when he came out of the back room, the deceased was sitting in my room, and he was rather angry with my denying him his lodging, and said, rogues and thieves could sit there, although he could not sit there; then he went round to the back of the seat, where he was sitting, and I was standing just by doing my work, and he went out; I was watching to see if he would go out at the door, and I saw his hand go gently, not, knowing he was going to hit him; he gave him a blow, with his hand only indeed; his hand was open when I saw it.

Q.When he struck him, was his hand open or shut then? - A. That I cannot say; I suppose it must be shut.

Q.The right hand or the left? - A. The right hand.

Q. Where was it that he struck him? - A. Near the middle of his forehead.

Q. At that time, had Ware interfered at all in the dispute between you and Stubbs? - A. Not that I heard, I do not think he said much; if there was any words passed, it is more than I know.

Q. What became of Stubbs then? - A. He directly went out of my apartment; I went to the street-door myself to look after him, and when I returned into the room, George Ware was standing up; I observed his forehead to blood in that part where Stubbs's hand had been, and I said to him, Lord bless me, does it bleed; he said, Yes; and I told him I would get a little flower, and stop it if I could; he said, do not mind it, let it bleed, he would not have any thing; in the course of a little time it stopped of itself.

Q. What kind of a wound did it appear to you to be? - A. It was a very small wound, to look at it it was nothing, it was like a scratch of a pin more than any thing else; nobody could have thought it would have ended in the manner that it has.

Q. The skin was broke? - A. Yes.

Q. When had you seen, before this time, that piece of iron last? - A.Indeed I cannot particularly say, it might be a day or two, or three days.

Q. Where had you seen it then? - A. It laid in the window till he took it away.

Q. When did you examine the wound? - A. The next morning; I advised him to get a little warm milk and water, and bathe it with; it then looked like a deepish scratch, and bloody.

Q. Did it appear then in a mild, or an angry state? - A. It looked reddish; I put a plaister upon it.

Q. When did you see it, or dress it again? - A. I do not know whether it was the next day or the day after; when I saw it again, I thought it did not heal well, and I drest it once after that.

Q. How long did he live after that? - A. Four weeks, and I believe he died the third day; four weeks and three days.

Q. Stubbs came to live with you as usual? - A.Yes; I think it was a week after the 3d of October.

Cross-examined by Mr. Knowlys. Q. Nobody looked upon this as any thing at all? - A. No.

Q. The poor man, who died, thought nothing of it? - A. No, he did not.

Q. Some few days after he received the blow, this man, Stubbs, came back to his apartments, and you and he were reconciled? - A. Yes.

Q. Before the poor man died, they were as good friends as ever? - A. Yes; Stubbs sent for him into my room to make it up with him.

Q. Did not Stubbs advise him to go to the doctor's? - A. Yes; he said, I won't make it up unless you will make it up with my wife too; he said, he had not the least objection to that.

Q. After that, they were all as good friends as usual? - A. Yes.

Q. As your plaister did not quite cure this, did not Stubbs advise him to go and have some little advice? - A. Yes; and about a fortnight after, George Ware came down, and he and Stubbs had two or three pots of beer together; and Stubbs said to him, as your forehead does not seem to get better, you had better go to surgeon Potts, in Pall-Mall, and I will go with you; Ware said, it did not signify, and therefore he did not go.

Mr. Jackson. Q. At the time he struck the blow, do you know whether he used any words, or what he said? - A. No; there were no words at all that I heard.

Q. Can you tell me whether or not, from that 3d of October, the deceased frequently complained of his head? - A. He did not make any complaints till he got worse and worse.

Q. Did he or not frequently complain of his head? - A. When I have asked him about his forehead, he said it did not mend, and it was very sore, he could not beat his hat on it.

Q. Did he complain of his head frequently? - A. He used to say his head was very sore.

Q. Did he complain of any pain in it? - A. Yes, certainly; I dare say he had a pain in his head.

Court. Q. I tell you the reason why I ask you, I want to know whether the Magistrate has put that in your examination as true, which was false; I have it down here, that you said, he frequently complained of a pain in his head? - A. Yes, he did, no doubt.

Q. Did the soreness increase? - A. I believe it did.

Q. Was he afterwards so ill, as not to be able to leave his room? - A. I do not know that he was confined to his room, because I was not always with him.

Q. Do you remember a person coming to him to do something to his head? - A. No; there was nobody came to him.

Q. Do not you remember a surgeon coming? - A. Yes; that was on the Tuesday night, that he died of the Friday morning.

Q.Do not you remember, before the surgeon came, he was so ill, that he could not leave his room? - A. Yes; he grew so very bad.

Q. I was in consequence of that, that the surgeon was sent for? - A. Yes.

Q. Who was the surgeon? - A. I do not know.

Q. Was it Mr. Thomas? - A. Yes; that was his name.

ELIZABETH WARE sworn. - Examined by Mr. Jackson. On the 3d of October in the evening, I was washing for Mrs. Smallman, down stairs in the back kitchen; my husband and I, and Mrs. Smallman had supped together in her parlour, and I left him in the room; I went into the room where he was, between eight and nine o'clock, my husband had cooked some fish for supper in my room, and brought it down there; I was in the back kitchen, washing, I heard the voice of Mr. Stubbs, but what he said, I do not know, he seemed as if he was not very well pleased; I went up stairs; in about a quarter of an hour after that, I saw my husband sitting in the great chair with his arms on his knees, and his head held down and bleeding; I said, what is the matter, Mrs. Smallman answered, Stubbs has struck your husband when he never spoke to him; I then said, by God, he has murdered my husband; Stubbs was then gone out, he seemed to have bled a great deal, by the floor, it seemed to be trod about; my husband got up to go out, but Mrs. Smallman would not let him; my husband went to bed, and I went down to my work, and it was two o'clock before I had done my work, and then I went up stairs to bed.

Q. Did Mrs. Smallman examine or dress this wound? - A. I did not see her.

Q. When did you first see the wound? - A. In the morning, before I got out of be.

Q.Describe its appearance? - A. seemed like two cuts, with a dent in the middle.

Q. Did he say to you what he was struck with? - A. No.

Q. How long did he continue to go out as usual, after that? - A. He continued to go out for almost three weeks, but sometimes, may-be, he would lay a-bed a couple of days, or a day, he complained terribly of his head; the first time he entirely took to his room, was, the day three weeks that the accident happened at night, it was on the Tuesday night, he never came down any more, but once; him and Mr. Stubbs had drank two pots of beer together that day, he had dined there that day, and had eat a bit of mutton.

Q.You lived in Mr. Smallman's house, did not you? - A. Yes.

Q. In what state did he appear when he took to his bed? - A. The next morning he seemed very poorly indeed, and every day he seemed rather to get worse.

Q. When did you first send for a doctor? - A. On the Tuesday following, that was that day four weeks that the accident happened, at four o'clock in the morning, he got out of bed, and the use of

his right side was taken away; he retained his senses to the last word he spoke. I sent for Mr. Russell first, and he would not come; then Mr. Perrin came on the Tuesday evening, he is an apothecary, he took off the plaister, and said he would go and fetch another gentleman, which he did; and Mr. Thomas came.

Q. I believe, in short, the surgeons trepanned him? - A. Yes.

Q. After that operation had been performed, what state was he in? - A. He seemed to rest a great deal better that night.

Q. When did any alteration take place after that night? - A. The next day he seemed to get worse, and I went for a clergyman, that was on the Wednesday, I locked my door, and left the key with Mrs. Blythe, and begged her to look at my husband while I was out, to see if he wanted any thing.

Q. At that time did he seem sensible of the danger of his own situation? - A. He seemed to take very little notice of his situation; I told him, I thought he was dying, and he said, then I must die.

Q. Did he know that you were going for a clergyman? - A. NO.

Q. did he use any other expression, slating whether he thought himself in danger or not? - A. No. I could not get a clergyman, they were both gone out; this was on the Wednesday, and on the Friday, he died, about half past one in the morning.

Q. Court Q. You saw the wound the next morning, and it seemed like two scratches and a dent in the middle-were those two scratches opposite to each other? - A. Yes; it was wider at the top than it was at the bottom.

CATHERINE BLYTHE sworn. - Examined by Mr. Jackson. I lodge in the same house; my husband is servant to Lord Ashbourn; I was present just after the quarrel between Mrs. Smallman and Stubbs; she cried out, murder! and when I came down, he was gone.

Q. Did you see him on the night the accident happened? - A. No; he said he was very sorry for the accident, and turned into my room; he pulled the plaister off himself; I saw it was a very bad wound in his forehead, and his face was grazed with; the handle of the iron that he had struck him with; it appeared to me as if it had been struck with something sharp; it appeared to me like a dent in the middle and a scratch two ways; I thought it must be struck with an instrument, as it appeared to me from the wound.

Court. Q.You are clear it could not be a wound given with the open hand, or with a clenched fist? - A. No; it could not.

Q. I believe you went for the doctor? - A. Yes; three weeks after the blow was given, the Tuesday before he died.

Q. During the operation by the surgeons, had you any conversation with the prisoner? - A. Yes; on the Tuesday I went down and tapped at the window where Stubbs was at work, and I asked him how he could strike Ware such a blow, for the surgeon says it will be his death; he said he was frightened, and he was never frightened at any thing but this; he said, he was so savage to see him sitting in the chair, that he had not cared if he had killed him outright; but, says, he, I could not be in my right senses, for just before I came into the house, I had a sit in the street; and I said, if any thing happens of this, you may bring the man that picked you up; and there was no more passed.

Q. Do you recollect when Mrs. Ware went for the clergyman? - A. Yes; while she was gone, I went up into the room of the deceased, and asked him if he wanted any thing; he told me he would be glad if I would bring him a cup of tea; I immediately returned into my own room, and got it; I carried it up, and put my hand under his head, and he drank it.

Q. Did he seem at all aware of the opinion of the surgeons; did he seem to think himself in danger? - A. I will tell you what passed.

Court. q. Did he seem to think that he was in his last moments? - A. Yes; it appeared so to me when he had drank the tea; I asked him if he wanted any thing to eat; he said, no, I thank you; but if you will bring me a bit of bread and butter, an onion, and some salt, for my supper, and some of Flowers's small-beer, I shall be obliged to you; for, says he, what a person fancies when they are ill, does them more good than doctor's stuff; says he, my father fancied-toast and cyder, they would not let him have it, and he got out of bed, and drank it, and mended ever after; I told him, I am sorry to see you suffer so on such an occasion; ah! says he, and never spoke to the man when he struck me; I said, the gentlemen are for taking Stubbs up, are you willing for it; the deceased said, the parish will see to that, for he has murdered me with the same iron that he beat Mrs. Smallman with, the Friday night before; when he struck me, he said, you b-r, I have done for you; that was all that passed; then I was obliged to go to my children; I never spoke to him afterwards.

Cross-examined by Mr. Knowlys. Q. Stubbs was in the house at that time? - A. Yes.

Q. Had you seen Stubbs and the deceased dining and drinking together? - A. No; I never went into their apartments.

ROBERT BENJAMIN PERRIN sworn. - Examined by Mr. Jackson. I am an apothecary: I was called in to the deceased, on Tuesday the 31st of October, by Mrs. Blythe; I went to him, and I judged, from the symptoms, that there was a fracture; I only

took off the plaister, the wound was upon the right side of the forehead, and it was nearly healed, the scalp did not adhere to the skull, and the opposite side to where the wound was, was quite useless; he complained of a violent pain in his head, his wife first informed me so, I asked him, and he put his hand up to his head; from this symptom, and the appearance, I judged it was a fracture, and called in Mr. Thomas, a surgeon, he came with me immediately.

Court. Q. You know something of surgery yourself? - A. Yes.

Court. Q. Did you observe whether it was done by an instrument? - A. It was impossible I could judge from the appearance at that moment, there was such a quantity of stuff about it that it was impossible; Mr. Thomas came, and judged as I did, that there was a fracture, and he performed the operation of trepanning; I attended the trepanning.

Q. Upon seeing him trepanned, you could form some judgment probably by what that wound was occasioned? - A. Most undoubtedly, by some piece of iron, or some instrument; it is impossible I can say what.

Court. Q. It was not such a wound as could be given by a flat hand or a fist? - A. No; it is impossible.

Mr. Jackson. Q. What was you observation after the operation was performed? - A. I supposed the man would die from the appearance of it.

Q. Did you make any particular observation upon the part? - A. There was a great quantity of matter issued out.

Court. Q. Did you tell him the danger he was in? - A. I told his wife; the man himself was insensible during the operation; he was somewhat relieved from the operation.

Q. Did you attribute his death to the blow? - A. Most undoubtedly.

- THOMAS sworn. - Examined by Mr. Jackson. I was called in to the deceased, on Tuesday evening, by Mr. Perrin; I found that he had lost the use of the right side entirely.

Court. Q. Whether, in point of practice, it does not frequently happen that the person who has received a facture may lose the use of the opposite side? - A. Very frequently.

Mr. Jackson. Q. How did you find the wound at that time? - A. It was nearly closed; but upon introducing a probe, I found a roughness upon the bone; I immediately laid open the skin, and perceived a fracture, with depression of the skull; I then applied the trepan, and immediately a large quantity of matter issued out; the patient appeared to be perfectly insensible of pain, but the following morning seemed somewhat relieved.

Q. Did it appear to you that the blow had been given by the hand, or by an instrument? - A. I should suppose, by the appearance, it was given by a sharp pointed instrument.

Court. Q. Could you judge whether the instrument was a very sharp instrument, or a blunt instrument, square or round? - A. I should suppose it had been the end of a poker, or something of that sort would have made a similar indenture.

Mr. Jackson. Q. To what did you impute his death? - A. In consequence of the wound.

Q. Did he seem to have been taken proper care of? - A. I should suppose if he had been taken care of in the first instance, it might have done very well, allowing for the danger of the operation itself.

Q. Did it appear to you to be a kind of wound that would of necessity have required the operation? - A. Most undoubtedly it would.

Q. That is always a hazardous operation? - A. Yes.

Q. When you visited him again, had he recovered his senses? - A. In part, he then answered some questions, but rather incoherently, he said he was easier, and he said he had slept.

Q. Did you attend him afterwards? - A. Yes, twice a day; he never recovered his senses completely afterwards, nor the use of his side.

Cross-examined by Mr. Knowlys. Q. From the time you were first called in, to the time of his death, you did not think he was perfectly rational? - A. No.

JOHN JONES sworn. - Examined by Mr. Jackson. I am the beadle of St. James's parish; I apprehended the prisoner, I supposed him to be the man, I met him in Jermyn-street; I came up to him, and asked him what his name was, he said, my name is Stevens; I asked him to let me look at his right hand, he had both hands in his coat pocket; he pulled out his right hand, and shewed it to me, and according to the information I had by the public advertisements, he was the man, he had got the first joint of his left thumb off; I told him, he must go along with me; he said, Lord have mercy upon me, I hope you will not hurt me; says I, I will not; I took him, and put him in St. James's watch-house: I went up to the office, and enquired for the coroner's warrant and commitment, in consequence of which it was that I apprehended him; I had an order to take him to Bow-street, I took him to Bow-street, I laid down the warrant, and informed Mr. Bond, and he said, he did not see occasion to hear any of the matters that had been heard before the coroner; he said, here is your commitment, take him to Newgate; I called a coach, and took him to Newgate, going along, I asked him how he came,o do it.

Mr. Knowlys. Q. Did you tell him it would be

better for him? - A. No; I did not hold out any threat or promise; I told him it was a shocking thing; he said, why did not he take care of it in time; I offered to take him to Dr. Potts's, says he, he is an acquaintance of mine; that is the principal of what I know about it.

Cross-examined by Mr. Knowlys. Q. You did not go after him, till after the coroner's inquest had been taken? - A. No, I did not.

Prisoner's defence. One of the gentlemen, the the surgeon, said, if he had come to him sooner, he might have been as well as any man; I told him, I would go with him to Mr. Potts's, he said, he never would, but he never came down, and I never saw him up after; about a fortnight after the accident happened, I dined with him, and drank with him, till ten o'clock at night; his wife had given him a violent blow or two upon the part where he was wounded, and he never got up after.

Court. (To Mrs. Ware.) Q. The prisoner says, in his defence, that you gave your husband a blow or two upon that part of the head where the wound was, is that so? - A. No; I was one day putting on my cap, he was standing very near me, and I touched his head with my hand, as I was pinning my ribbon, and the matter came out of the wound, I told him, I was sure, I could not have hurt him so much; I said, his head could not be so bad as he made of it.

Prisoner. Here is a person in the Court that Mrs. Ware told so.

For the Prisoner.

ELIZABETH JACKSON sworn. - Examined by Mr. Knowlys. Q. Did Mrs. Ware tell you any thing respecting a blow that she had given her husband? - A. Mrs. Ware told me, that she had given him a blow on the sore place, the week before he took to his bed, and made the matter run all about his forehead, and she said she was very much frightened.

Court. Q. Did she say she did it on purpose? - A. I do not know whether they had had any quarrel or not.

Court. Q. Did she say they had had any quarrel? - A. No; she said, she had given the blow.

Mr. Knowlys. Q. Were Mrs. Ware and her husband used to quarrel? - A.They often quarrelled.

Q. Is Mrs. Ware a violent woman? - A. I do not know a great deal of her, I believe they were both pretty hot.

JOHN MORTLAKE sworn. - I keep the Angel and Crown, in Eaton-street; I have known the prisoner two years since Christmas.

Q. What sort of a character has he bore for good nature? - A. I never heard any thing to the contrary; in the morning that this accident happened in the evening, Ware came from the country, and he came over to me, to ask me to lend him a hat, he had lost his hat the night before, coming with the conch; in the evening, Mrs. Ware came over, and said, Mortlake, we have had such a row over at our house -

Q. You must not tell what she said? - A. Next morning I saw Mr. Ware, he told me, that Stubbs and he had had words, and that he had received a blow; he shewed me the blow, and I said, I thought he was able to defend himself against Mr. Stubbs, and he said, oh, I will make him come down for this.

Q. Did Ware consider this at all as a serious thing? - A. No; only he said, he would make him come down for it.

Q. Did you, from what you saw at that time, think it at all a serious thing? - A. Not at all; it appeared to me to be only a graze on the temple, just about the eye; Ware came constantly to my house for a fortnight or three weeks after, and I went over with some beer for both of them to drink, the beer was set down to Stubbs, and they seemed very good friends.

Court. Q. What are you? - A. I keep a public-house, the Angel and Crown.

Court. Q.The prisoner was your customer? - A. Yes, both the prisoner and the deceased.

JOHN BARRETT sworn. - Examined by Mr. Knowlys. I am a hair-dresser, in Druly-lane: I have known Stubbs twenty years, he always had the character of a good natured man, that I am sure he would not be guilty of any action to injure any man.

NICHOLAS PETERS sworn. - I keep house, and have the honour to be clerk to Mr. Warren, the barrister; I have known Stubbs thirty years and more; during that time, I have been frequently in his company, both night and morning; I have worked with him, and eat and drank, and I never saw him list his hand to any person, I look upon him to be a man of a good temper, and as honest as any man existing.

THOMAS READ sworn. - I am a hair-dresser and wig-maker, in St. James's-street; I have known Stubbs about twenty years; he has been in the habit of doing business for me in that time almost constantly; he has behaved with the greatest good nature, even to humility and bearance, rather than perseverance; he was rather apt to forgive than resent injuries; he would bear the miseries of life, and the temper of others with great fortitude; he was remarkably honest, a great spirit of rectitude, very much so indeed, beyond the common capacities of men, and that spirit of rectitude, together with the bad company he was in, led him to commit the crime that he has been guilty of, at that moment it was unpardonable.

Court. Q.That spirit of rectitude led him to commit such an offence as this? - A. The temper and disposition of his mind.

The prisoner called two other witnesses, who gave him the character of a good-natured man.

The Jury having retired about forty minutes, returned a verdict

NOT GUILTY .

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

Reference Number: t17971206-9

10. ELISHA BARNETT was indicted for forging and counterfeiting, on the 2d of October , a promissory note of the Bank of England, for 50l. with intent to defraud the Governor and Company of the Bank of England .

There were several other Counts in the indictment.

There being no evidence offered on the part of the prosecution, the prisoner was

ACQUITTED .

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

Reference Number: t17971206-10

11. JOHN MARTIN was indicted for feloniously stealing, on the 15th of November , a pair of linen sheets, value 12s. the property of his royal highness the duke of Gloucester; five linen shirts, value 10s. a cloth coat, value 3s. two linen shifts, value 3s. three check aprons, value 3s. a cotton gown value 3s. and a silk handkerchief, value 1s. the property of George Davis .

GEORGE DAVIS sworn. - I am in the service of his royal highness the duke of Gloucester , I am a poor labouring man, under the farmer of the park, at ten shillings a week, I sleep in the house: I lost, on the 15th of November, a coat, a waistcoat, five linen shirts, a cotton gown, two shifts, three check aprons, some handkerchiefs, and a pair of sheets, that we slept in, belonging to his royal highness the duke of Gloucester; the property is in Court.

RICHARD BROWN sworn. - (Produces the property). On the 15th of November, I took the prisoner in the walk adjoining the duke of Gloucester's park, about ten o'clock in the morning, he had my coat upon his back; the rest were in this bag.

Prosecutor. These are mine, except the sheets, they are all marked G D, and the sheets are marked D G.( Elizabeth Davis , the wife of the prosecutor, also deposed to the whole of the property).

EDWARD LAYTON sworn. - On the 15th of November, about ten o'clock, I went after the prisoner; I saw him in the park, pretty near the bridge, I desired Brown to lay hold of him, while I went after a constable; and he was taken into custody.

Prisoner's defence. I was drove to it by necessity

GUILTY (Aged 28.)

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

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

Reference Number: t17971206-11

12. MARY PRICE was indicted for feloniously stealing, on the 30th of November , a quart pewter pot, value 1s. 6d. the property of Samuel Underwood .

SAMUEL UNDERWOOD sworn. - On the 30th of November, about seven o'clock in the evening, I saw the prisoner come in, I had lost a great many pots, I suspected the prisoner of taking them, we watched her; she went out, and I followed her out, she lived four doors from me, and I took her just as she got within the door, with a quart put under her apron. (Produces the pot).

Prisoner's defence. I went to the house to get some spirits, and I only took up the quart pot to get a drop of water; I scour three days in a week, and never took a pot in my life.

GUILTY (Aged 29.)

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

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

Reference Number: t17971206-12

13. RICHARD PECK alias PACK was indicted for feloniously stealing, on the 5th of November, a live pig, value 30s. the property of James Johnson .

JAMES JOHNSON sworn. - I live in Well-street, Hackney : I lost a hog three parts sat, on the 5th of November, I did not see the going of it; here is a witness here that did.

RICHARD UPTON sworn. - On Sunday, the 5th of November, going up to the Green Dragon, in Wells-street, about twenty minutes before three in the afternoon, I saw a pig run a-cross the street before me, I looked and saw Richard Peck behind it; he asked me if I would give him any thing to drink; I told him, no, I could not afford it; I I saw him turn the pig towards Grove-street; I did not know whose pig it was at that time, but the prisoner said it was his, and he was going to drive it home.

Q. Was he perfectly sober at this time? - A. Yes, I believe he was.

Q. Were you and the prisoner acquainted with one another? - A. I did know him, I had seen him several times before; after he had turned the pig out, in Grove-street, I saw no more of him.

Q. What kind of a pig was it? - A. It was a hog, with a black head, and a black rump.

JOHN WOOD sworn. - On Sunday afternoon,

the 5th of November, I saw the prisoner go down Grove-street, with Mr. Johnson's pig; I knew it, for I was about buying the pig of Mr. Johnson; I saw no more of him after he went down Grove-street.

ELIZABETH BESWICK called. - I am ten years old.

Q. Do you know the nature of an oath? - A. Yes.

Q.What will become of you if you give any evidence now that is not true? - A.(Hesitates).

Court. Q. What will happen to you, it you swear falsely? - A. I do not know.

Q. Do you learn your catechism? - A. Yes.

Q. Do not you know, that you are liable to go to hell if you do not speak the truth? - A. Yes.

(She is sworn.) - I saw Mr. Johnson's pig feeding on grass, by the side of the road, on Sunday, the 5th of November, and Mr. Peck drove it out of the common out of my fight, I saw no more of it; I knew the prisoner by fight.

JOHN FLETCHER sworn. - I saw the prisoner drive the pig through Grove-street, I did not know whose it was; it was about three o'clock in the afternoon, or a little after; I have known the prisoner these ten years, I lived close by where he did live.

Prisoner's defence. I had no pig at all.

NOT GUILTY .

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

Reference Number: t17971206-13

14. MARY DUFF was indicted for feloniously stealing, on the 30th of November , a pair of linen sheets, value 14s. a pair of cotton stockings, value 3s. half a yard of printed cotton, value 10d. a linen shift, value 6d. a glass candlestick, value 2s. a child's linen cap, value 2d. three earthen-ware plates, value 6d. three glass tumblers, value 10d. two wine glasses, value 6d. and an earthen-ware butter-boat, value 2d. the property of Benjamin Carpenter .

JANE CARPENTER sworn. - I am the wife of Benjamin Carpenter; the prisoner lived servant with me, I did keep the Marquis of Granby public-house: I left her, on Thursday last, in care of my children, while I went to see my husband, who is in Clerkenwell prison; I left her in care of the children about half past ten in the morning, I left my husband about six in the evening; going into Bennett's-court, Drury-lane, where I used to live, to call upon a neighbour, (I live now in Wilderness-row, Chelsea), I saw the prisoner come out of the public-house that I did keep; I said, Molly, how came you here, how could you go and leave three small children, they may be burnt to death; she exclaimed they were safe enough, she had left the key in at the window.

Q. How far was this from Wilderness-row? - A. About four miles, as near as I can guess; I asked her to come home with me, and she said, she could not come home with me; I did prevail upon her to come home with me; I called to my little boy to give me the key out of the window, this was between seven and eight o'clock; I asked her to get a light, my little boy went out and fetched a light, and, upon taking the infant off the bed, I missed the sheets; I asked her where the sheets where; she said they were on the bed; looking further about my dirty linen, I missed a pair of white cotton stockings; I asked her for the new shift, if she had finished it; she said, no, it lay upon a chair in the parlour; I said, Molly, I am certain you must have taken these things, and if you will deliver them to me, I will not hurt you; she said she had got them, and she would keep them till I paid her her wages; I prevailed upon her to stop with me till morning.

Q. Were there any wages due to her? - A. No; I did not agree with her for any; she came to me as charity, and I told her I would satisfy her for her trouble; she came to me out of charity, for victuals and drink; she came to town with me, and said, when she came to town, she would deliver them voluntarily up; she would not deliver them when I came to town; I searched for them, and found them at a tea-dealer's, in Drury-lane, where she lodged; she lodged there a good while before; I found the things named in the indictment in her room.

EDWARD TREADWAY sworn. - I am a constable: I went with a search-warrant, to search the prisoner's lodgings, on Friday, the 1st of December; I found the things named in the indictment. (They were produced in Court, and deposed to by Mrs. Carpenter).

Prisoner's defence. That property is not her's, except the sheets that she let me have to wash; and she owes me a month's wages at one shilling a day, when her husband was arrested at the Marquis of Granby.

Prosecutrix. I had left them under her care, she offered to wash them, but I told her not to wash them, but to take care of my children.

GUILTY (Aged 30).

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

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

Reference Number: t17971206-14

15. WILLIAM HARITAGE was indicted for feloniously stealing, on the 4th of November , a wicker flat, value 3s. a linen cloth, value 2d. and 50lbs weight of butter, value 39s. the property of Phillip Murray .

PHILLIP MURRAY sworn. - I sell butter, pork, and cheese , in Clare-market: On the 4th of November last, I lost fifty pounds of butter, I laid it at nine-pence per pound.

Q. Have you any ground from your own knowledge to charge the prisoner with taking this property? - A. I delivered to him a flat of pork and a flat of butter, tied together, to bring home to my house; he was a porter in the market; he brought the pork, and left the butter, saying, it was too heavy a load to bring together, that he had left it with a shoe-mender, who rented a stall under the Magpye public-house, in the Butcher-row; he came back again, and said, that the flat of butter was taken away.

Q. But what had the prisoner to do with that? - A. That is the very thing I want to know,

Prisoner. When I went to the shoe-maker, he told me it was there the minute before; and I went back directly, to tell Mr. Murray of the misfortune that I had had with it.

SARAH MURRAY sworn. - I am daughter of the last witness; I was in the shop when he brought the pork, and said he would go back for the butter; he came back about half an hour after, and said he had lost it.

EDWARD GRIFFIN sworn. - I am a porter: I know nothing about it but what Mr. Murray has told me.

NOT GUILTY .

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

Reference Number: t17971206-15

16. HUGH HUGHES was indicted for feloniously stealing, on the 12th of November , 34lbs weight of mutton, value 17s. the property of Henry Newman .

HENRY NEWMAN sworn. - I am a butcher , at Barnet: I lost a side of mutton last Sunday was a fortnight; I missed it on the Monday morning, from a place that I had to kill in, at the Roebuck; I locked it up there on Sunday night, after it was dark; there was a whole side altogether.

ROBERT POOLE sworn. - I live at Enfield; the prisoner at the bar offered me a side of mutton to sell, on Tuesday the 14th of last month; I unlocked the shop door, and he brought it into the shop, and I thought he had stole it; I asked him, what he asked for it, if I got a customer; he said, three-pence a pound; I told him, there was another butcher a little lower, perhaps he might buy it of him; it weighed four stone two pounds; accordingly, as I thought he had stole it, I went to a Magistrate; I am a headborough; and he ordered me to take him directly into custody; accordingly I took him, and put him into the watch-house; afterwards, I took him before the Magistrate, and he asked him how he came by that mutton; he told the Magistrate, he had bought it out of a drove; the Magistrate asked him if he would enlist for a soldier, and he did enlist; and he and the soldiers soon got thro' the mutton; he was examined by the doctor, and he would not do for them; and I had him in my custody again; I very soon after heard of the robbery. I had this apron from the prisoner, which Mr. Newman has sworn to be his property. (Produces it).

JOHN TAYLOR sworn. - The prisoner was going across 'Squire Read's park, about a mile from Barnet, on Tuesday morning, at half past seven o'clock, he had a side of mutton upon his left shoulder, and a ragged apron over it; I said to him, is that Mr. Newman's meat, and he said, yes.

Poole. It was about nine o'clock when he came to me; I live about five miles from Barnet.

Q.(To Newman). When had you seen the prisoner before the robbery? - A. Not for a week before.

The prisoner did not say any thing in his defence.

Prosecutor. I could only raise one sheep in the world, and he took half of it.

GUILTY (Aged 31.)

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

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

Reference Number: t17971206-16

17. MARY VALENCE was indicted for feloniously stealing, on the 27th of October , five cotton shawls, value 5s. the property of John Jackson .

- FRANCIS sworn. - I am assistant to Mr. John Jackson , a linen-draper , No. 146, Oxford-street : On the 27th of October, I do not recollect what day of the week, it was about three o'clock in the afternoon, the shawls were hanging outside the door; a gentleman came in, and said there was a person gone along with something of ours in her pocket; I pursued the prisoner, and found the shawls concealed in her apron, about twenty yards from the shop, or rather better; I brought her back into the shop, and sent for a constable, she gave no account how she came by them; I saw them hanging there about two o'clock, they had Mr. Jackson's private mark upon them, in Mr. Jackson's brother's hand-writing; they are exactly the same size and pattern as those that I missed. (Produces them).

Prisoner's defence. I live in Oxford-buildings, Oxford-road; coming along, I saw these shawls blow off from a railing, a woman came by, and said, my good woman, pick them up, and take them into the shop, and I was going to take them into the shop, when that gentleman came and laid hold of me.

Court. (To Francis.) Q. In what direction was she going? - A. From the shop, at the distance of about twenty-five yards, she said something of this sort at the office.

GUILTY (Aged 30.)

Transported for seven years .

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

Reference Number: t17971206-17

18. HENRY PEDDER was indicted for feloniously stealing, on the 24th of November , an earthenware jar, value 2d. and eighteen pounds weight of honey, value 20s. the property of Richard Morris .

RICHARD MORRIS sworn. - I am an oilman , the corner of Windmill-street , at the back of Finsbury-square: On the 24th of November, about half past eight in the morning, I lost a jar of honey, I was in the cellar under the shop, my wife called me quick to come up, I went up, and she told me a tall man had stole a honey-pot; I pursued him to the end of the street; I saw the prisoner with a jar upon his head, and another man in a flannel jacket; I followed him near Tabernacle-square; I stopped him, and demanded it as my property, he said, he knew nothing at all of it, he had it from that other man, and the other man ran away; the jar has the word honey wrote upon it by me, I had seen it at seven o'clock in the morning, when I opened shop.

Mrs. MORRIS sworn. - I am the wife of the last witness; I was making some toast in the parlour, about half-past eight o'clock, I lifted up my head, and saw a man, I cannot swear it was the prisoner, it was a man in a blue coat, he took something in his arms, I could not tell what, I went to look, and missed a pot of honey from the top of a large jar. (The property produced).

Prisoner's defence. I told him that that man had employed me to carry it, and he would not take the man that employed me, but said he would take me. GUILTY (Aged 20.)

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

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

Reference Number: t17971206-18

19. JAMES BALL was indicted for feloniously stealing, on the 3d of November , twelve penny-weights of gold, value 2l. 3s. and eight pieces of gold, called blanks, of the weight of two ounces four penny-weights three grains, value 8l. 8s. the property of Joseph Safe , William Gregory , Henry-William Atkinson , Reuben Fletcher , John Nichol , and Richard Franklin .

Second Count. Laying it to be the property of the Governor and Company of the Bank of England .(The indictment was stated by Mr. Ward, and the case by Mr. Fielding).

JOHN NICHOLL sworn. - Examined by Mr. Fielding. I am a monier of the Mint, the prisoner was employed in the Mint , and had been about six months; the moniers of the Mint are Joseph Safe, William Gregory , Henry- William Atkinson , Reuhen Fletcher, Richard Franklin , and myself.

Q. The ingots are delivered to you in bars? - A. Yes; we have the charge and custody of it, and are responsible for the money.

Q. What was the prisoner? - A. What they call a sizer, he oils the guineas, and carries them in various states from one room to another.

Q. Having access to the different commodities that are there? - A. Yes.

Q. Was there, on the 3d of November, or before that, golden blanks for guineas? - A.There were, on that day, and the next, I believe, I cannot speak exactly, we missed them frequently.

Q. Are you enabled to say there were some taken away? - A. Yes, certainly, I should think so; this is the blank that I received from Cuff, the pawnbroker's man, it has the assay mark upon it, but I should have known it without.

Q. Did you see the prisoner when he was apprehended? - A. Not till he was before the Lord-Mayor.

Cross-examined by Mr. Alley. Q. A number of men are employed in the same office that this man is? - A. Yes.

Q. It is not your duty to inspect the office he belongs to? - A. Yes, it is.

Q. I believe, you do not know any thing about any loss, except by the comparison of some books? - A. Yes; I have missed blanks several times, but could not tell how they were gone.

Q. How often? - A. I cannot say, every day almost.

Q. You have a great number of men employed? - A. Yes.

Q. No individual man has any particular charge over any particular portion of it? - A. Certainly not.

Q. There are six monies of the Mint? - A. Yes.

Q. Are there any superior officers to you? - A. Yes.

Q. What sort of commission have you? - A. A commission from the Crown.

Q. Then the capacity in which you are authorized to dispose of any of the property that comes into your hands, is merely a capacity of so many persons, moniers in the Mint-when you undertake to perform any particular act, you must perform that act in your capacity as moniers, and in no other capacity? - A.Certainly.

Q. Therefore, any other act which is not done by you, as moniers of the Mint, must be null and void? - A. I do not understand you.

Q. Suppose five of you were to do an act without the sixth, that act must be null and void? - A. Yes.

Q. Is there any particular Act of Parliament by which you have authority to act? - A. No.

Q. In the authority you have got, giving you a privilege to act, is that a joint authority, which says you shall do so and so? - A. I neverread the authority under which I act.

WILLIAM CUFF sworn. - I live with Mr. Fullwood, pawnbroker, No. 30, Barbican; the prisoner came to our house on the 3d of November, between two and three o'clock; he offered for sale eight gold blanks, nearly the size of a guinea each, and several small pieces of gold; he wished to know the value of them; having bought two small parcels of gold of him in the month of July, it gave me to suspect he had not come by them honestly; I wished him to leave them and call again at five o'clock; he would not leave them without my putting down the weight, two ounces, sixteen penny-weights, which I did, and gave him the paper, he said he would call at five o'clock; I then sent them by the lad who was in the shop with me, to my master, the boy's name is Lawrence Notley ; my master returned between four and five, and the prisoner came again between five and six; Mr. Fullwood, Mr. Mason, and the boy were then in our house; he wished to have the value of the gold, Mr. Fullwood then came out of the parlour with the constable, and took him into the parlour, where he remained till the gentlemen came from the Mint; I went into the parlour with the gentlemen, and they seemed very much surprised, and said, Ball, is it you? there were several words passed, and he was taken to the office.

Q. What became of the blanks you had sent by Notley to your master? - A. I received them from Mr. Fullwood.

Cross-examined by Mr. Alley. Q. How many are concerned in the shop besides yourself? - A. The boy Notley.

Q.What time did the prisoner bring these to your shop? - A.Between three and four.

Q.Was it you that entered into the treaty? - A. Yes.

Q. Had you ever bought any gold in the shop before? - A. Yes.

Q.Something similar, I suppose? - A. Something similar.

Q. Had not your master been in treaty with some persons, that, before the Magistrate, he said, were coiners? - A. I did not hear any such thing; I remember his saying, he did not know whether somebody had not tried to make a Yorkshire guinea, and failed in the attempt, and sold it.

Q.Sterling gold you know, is what they call Yorkshire gold? - A. We did not know it was sterling gold.

Q. You a pawnbroker, and not know sterling gold; do you not try every bit of gold before you deal about it? - A. Yes.

Q. These being Yorkshire guineas, was his honest excuse for purchasing such a commodity? - A. I left it to my master.

LAWRENCE NOTLEY sworn. - Examined by Mr. Fielding. I was in the shop when the prisoner came into the shop; when the prisoner came in, I took eight blanks of gold, and sundry pieces of gold, which I took from Cuff, to Mr. Fullwood; I gave them into his hand.

Cross-examined by Mr. Alley. Q. You received some pieces from the last witness, you do not know where he got them? - A. Yes; I saw him receive them from James Ball .

Q. Did you give it to your master? - A. Yes.

Q. Did you watch your master while he was looking at them? - A. He took them to Mr. Aspinshaw, and he said it was Tower gold.

Q. Was it ever given to you again? - A. No.

Q.Therefore whether your master changed it or not, before he brought it back, you do not know? - A. No.

WILLIAM - ROBINSON FULLWOOD sworn. - Examined by Mr. Fielding. I am a pawnbroker: The boy came to me on the 3d of November, and brought me eight blanks of gold, and some other pieces; I was at my uncle's, No. 70, Leather-lane; I returned them to the man again in the same state that I had received them from the boy.

Cuff. These are the pieces I had from Mr. Fullwood.

Q.(To Notley). These pieces that you received from Cuff, you gave your master? - A. Yes.

Mr. Nicholl. I had these from Cuff, before the Lord-Mayor.

Cuff. That is one of the parcels that I received from the prisoner.

Fullwood. Before I got home, I had applied to a person in Leather-lane, Mr. Aspinshaw, who is a smith in the Mint; I then went home, and had got Mason, the constable, ready to take him up.

Q. When the prisoner came into the shop, did he apply to you, or to the man? - A. He applied to the man at the door; I did not hear distinctly what he said, but hearing something, I went out, the constable followed; I produced the pieces, and he said, what will you give me for them; I told him, I thought he had not come honestly by them, and I should give charge of him; the moniers of the Mint came, and so did Mr. Aspinshaw; before

they came, I had asked him if he sold them for himself, or for any one else; he said, he had brought them for no person but himself, they were his own property, and so he should make it appear; we expressed surprise that the parties were so long in coming; he seemed to wish to know who the parties were that were coming; Mr. Aspinshaw came about five o'clock, or it might be something more.

Cross-examined by Mr. Alley. Q. You are a pawnbroker? - A. I am a silversmith and salesman.

Q. Not a pawnbroker? - A. Yes; but not in that shop; it is my uncle's shop; I have the management of it.

Q. Does he manage the pawnbrokering business now? - A. I am obliged to mind that for him.

Q. These blanks had been in a good many hands besides yourself? - A. Yes; I gave them first into the hands of Mr. Aspinshaw's father, and he shewed them to his son; but they never passed my sight; the time Mr. Aspinshaw wanted to take care of them, I would not leave them.

Q. You have seen Yorkshire guineas? - A. Yes.

Q. And these are very small to Yorkshire guineas? - A. Yes.

Q. They were very much like Yorkshire guineas? - A. I went to a refiner for his opinion; if I had known it had been stamped for gold, I should not have let him have them for three guineas; it would have puzzled a refiner in that state.

Q. Has there not been something before the Magistrate about guineas? - A. What Magistrate? I have heard nothing about it, except before the Lord-Mayor, in the present business; I never bought any like this.

Q. What do you know about Yorkshire guineas? - A. I had taken them in the way of trade.

Q. And you a silversmith? - A. Yes.

Q. You did not go before the Lord-Mayor? - A. Not till the Monday following.

Q. Did you not say you would purchase one hundred pounds worth of such goods, if they were brought to you? - A. No.

Q. How many persons were at Mr. Aspinshaw's? - A. His sister.

Q. Do you mean to swear these pieces are the pieces that came from the prisoner? - A. Yes.

Q. When you buy silver, do you always go to a refiner's, to see whether it is gold or silver? - A. Yes; but when gold is in this state, it is impossible to tell what it is.

WILLIAM MASON sworn. - I went to the house of Mr. Fullwood, and saw Cuff, to take charge of a person they expected to return about six o'clock.

Q. When was it that you saw the prisoner at the bar? - A. About five o'clock in the evening, being in the parlour, I waited for a signal to know when the man was come; he was pointed out to me; I went into the parlour, Mr. Fullwood came into the room; the prisoner seemed very sorry for what had happened; and I desired him to sit down, for I expected a gentleman to call; Ball sat down in a chair, and wanted to know how long it would be before the gentleman came; I talked to him, and endeavoured to persuade him to be satisfied for a few minutes.

Q. How long was it before any gentleman came? - A. About half an hour; while I was in the parlour, I asked him if it was his own property, or if he sold it for any body else; he said, it was his own, he had bought it of a man; I asked him who that man was, and where he lived; he could not tell, but said it was his own property; I asked him if he had got any more; he said he had got no more at all; still he was very impatient; he threw this piece of paper on the fire, accordingly I picked up the piece of paper; after that, Mr. Atkinson and a Mr. Gregory came into the house, with some other gentlemen; soon after that one of the moniers gave me charge of him.

Cross-examined by Mr. Alley. Q. You were before the Lord-Mayor? - A. Yes.

Q. I believe there was a little contest between you and Mr. Nicholl, about this gold, whether it would be identified? - A. No; the man never said what gold it was, I was informed before that they were blank guineas.

- ASPINSHAW sworn. - Examined by Mr. Fielding. Q. You are employed in the Mint? - A. Yes; I went to Mr. Fullwood's house in consequence of his calling upon me, I saw the prisoner there; I asked him how he came by them, and whether there was any other man concerned besides himself; but he said, it was all his own doing.

Q. Did he say where he had got them? - A. No; he had hid them in various places, and that no one was concerned with him.

Q. In various places where? - A. In the building.

Q. You meea in the Mint? - A. Yes; I asked him how he got them; he said from different places, some were taken from the size-room, and others were taken from the Mint office.

Q. Is that where the blanks are lodged? - A. No; the pieces of cecil are.

Cross-examined by Mr. Alley. Q. In what state do you receive the gold from the moniers, is it not in bars? - A. No; they receive it in bars.

Q. Is it in bars when the moniers give it to you? - A. Yes; it goes through various processes.(Mr. Nicholl proved the blanks having come from the Tower).

Court. Q. How does the money come to you? - A. It goes in ingots to the melter, and from him to us; and we return it to the Bank of England weight for weight, as we receive it.

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

GUILTY (Aged 28.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17971206-19

20. RICHARD GREEN was indicted for feloniously stealing, on the 15th of November , 1276 half-pence, value 2l. 13s. 2d. and 88 farthings, value 1s. 10d. the property of Thomas Dabbs in his dwelling-house .

THOMAS DABBS sworn. - I live in Pelham-street, Mile end New Town, in the parish of Stepney : On the 16th of November, I came home with ten crown paper bundles of halfpence and farthings, and three half-crown papers containing two shillings and five-pence in half-pence, and four farthings; they were put over the bar-door for my wife to pay the coal-merchant, if he should call; there were, in the whole, eighty-eight farthings, amounting to two pounds thirteen shillings and two-pence, they were all in the same place; the half-crown papers were put there for the purpose of giving change; the prisoner lived about half a quarter of a mile from my house, or not so much, I cannot justly say; he used to go backwards and forwards; I was in the bar, and missed the money; I said to my wife, the coal-merchant has been here; she said, no, he had not; she recollected, after some time, that the prisoner had been within the bar, one foot in and one foot out, he had two pint pots in his hand, one he ordered to be filled for himself, and another for the tap-room; I went for a warrant, but did not get one, that was on the 17th; I told the officer, Mr. Peach, that they were tied up in this way, (producing a paper of halfpence): I went with the officer to the prisoner's lodgings, he was not at home, his wife said, she did not know where he was; I asked her if her husband did not bring home some halfpence; we began to search, she was very unwilling, but we found a paper, and I saw another paper in her hand, which she was going to conceal; I found a great quantity of halfpence loose, and some tied up in a handkerchief; the prisoner came home about three o'clock, and he was taken before a Magistrate.

Q. You cannot swear to the identical coin? - A. No; we found two half-crown papers in the house.

Cross-examined by Mr. Alley. Q. This indictment charges the man with stealing your money in your dwelling-house, in the parish of Stepney; is it not in the parish of St. Lawrence, Stepney? - A. It is in the parish of St. Dunstan, Stepney.

Q.Of these halfpence, a great many were bad? - A. Yes.

Q. Will you say there were forty shillings-worth of Tower halfpence? - A. I cannot say.

Q. Twenty shillings-worth? - A. That is hard to say, Tower halfpence.

Q.And you will not swear, I dare say, that the mere weight of the other halfpence would have sold for twenty shillings? - A. No.

Q. Did his wife never come to the house? - A. No, never.

Q. Might you not have changed these bundles of halfpence? - A. I do not think I have changed any more than four bundles for these two months past.

ELIZABETH DABBS sworn. - I am the wife of the prosecutor: On the 16th of the last month, my husband left with me one some halfpence, packed up in brown paper; ten crown papers were laid by for the coal-merchant; and two or three half-crown papers, I do no know which, to give change with, they laid upon the shelf in the bar; the prisoner used to come now and then for a pint of beer, he was at our house on that day; he was there in the morning, and again in the afternoon, he came in and called for a pint of beer; when I came up the cellar stairs, he was coming out of the bar; I went into the tap-room, I did not say any thing to him; I had seen the halfpence on the shelf in the morning.

Q. But you are sure he came out of the bar? - A. Yes.

WILLIAM PEACH sworn. - I am an officer: On the 17th of November, I went with the prosecutor to the prisoner's lodgings, No. 6, King-Edward-street, Mile end, about half a quarter of a mile from the prosecutor's house; the prosecutor told me if there were any halfpence, they were bound up in paper in the form of one that he shewed me; the prisoner was not at home; after waiting a little while, I told his wife my business, I had not a search-warrant, I desired her to open the drawers; in the drawers I found this double paper, and these two half papers, the twine and the paper, and the manner of tying up, corresponded exactly; I saw her with a paper in her hand, and I went and took it from her; under the pillow of the bed, in this handkerchief, in two corners, I found a quantity of halfpence, (producing them); and over the fire-place, in a coffee-cup, I found a quantity of farthings; in different parts of the room I found a great many more halfpence, loose, and the same kind of paper about the room that the halfpence were packed up in; when he came in, I searched his person, but found no money but one halfpenny upon him; I took him, and his wife and all to the office.

Prisoner's defence. I was at work for a master carpenter, and he used to give me always ten shil

lings-worth of halfpence on the Saturday-night, and I used to give them to my wife.

GUILTY Of stealing to the value of 39s.

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

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

Reference Number: t17971206-20

21. MARGARET GILL , alias WILSON , was indicted for feloniously stealing, on the 16th of September , a pair of linen sheets, value 10s. a cotton counterpane, value 15s. and a silver tablespoon, value 5s. the property of Anthony-King Bailey , in a lodging-room let by contract by the said Anthony to the said Margaret .

ANTHONY KING BAILEY sworn. - I live at No. 3, Northumberland-street, Strand : I let ready furnished lodgings; I have very little recollection of the prisoner, I was not at home at the time the lodgings were taken.

SALLY BAILEY sworn. - I am the wife of the last witness: I let the first floor of our house to the prisoner, on the 16th of September last, at a guinea a week, she came in that morning after ten o'clock; she came there as a captain Wilson's wife, from Yarmouth; she said, she had come that morning to the Golden-cross, Charing-cross, at seven o'clock, by the Yarmouth coach; that captain Wilson was to be in town on the Friday, that he was to come in his own vessel, and she could not travel by water, she came by land carriage; she desired to have a pair of sheets aired, and a bed made, as soon as possible, she had been travelling two nights, and was very much fatigued; I sent my servant for the sheets, and put them to the fire immediately; she asked if I would be kind enough to let her sit down by the fire; I said there was none but in the kitchen; after she had sat down about a quarter of an hour in the kitchen, she begged to have a card of our address to leave at Charing-cross, that captain Wilson might know where to find her, she went out and returned about one o'clock, she might be gone about half an hour, or something better; she desired me to get her a bason of soup, and a threepenny-loaf; I gave four shillings and sixpence for a sack of coals and sixpenny-worth of wood; the servant went to the Spring-garden Coffee-house and got a bason of soup, and a threepenny loaf, she took up with it a silver table-spoon; after she had eat part of the soup, she went into the bed-room, as we thought, to go to bed; while she was in the bed-room, the girl went three times into the diningroom to see how the fire was; we heard nothing more of her till, as near as I can recollect, about five o'clock; she came down stairs from the diningroom to the top of the kitchen stairs, and called the servant, she told her she was going out to order some things in, and desired she would take them in when they came; I went to the kitchen stairs, and desired her to let the servant go as she felt so much fatigued; she told me, no, she was obliged to go out herself, and desired the kettle might be got boiling, and the tea-things carried up, by six o'clock; she then left the house, having been there about half an hour; the servant went up to see how the fire was, and the dining-room door was locked, she came down and told me the door was locked; she did not return at six o'clock, and when seven o'clock came, I was very much alarmed; I sent the girl to the Golden-cross, to know if a person of the name of Wilson, captain Wilson's wife, had come with the coach that morning, and to know if she had left a card of our address there, that the captain might know where to find her; she brought word, for the answer, that there were only two gentlemen came in the Yarmouth coach that morning; and by the time the girl returned, captain Leicester, that lodged in the parlour, came in, and we tried to open the door, and could not; we got a ladder, and got in at the window, backwards; we found a pair of sheets gone, and a counterpane, a tablespoon, and the key of the door; by the time we had done it it was almost eight o'clock; I sent for my husband, and we went to Bow-street, and gave information; I called at Mr. Salkeld's, the pawnbroker, the corner of Bedford-street, and two others, but nothing had been pawned of that kind then; in the evening, the pawnbroker at the corner of Bedford-street, came to tell me his young man had recollected taking in these things, at six o'clock that evening; I described her dress, and her person, and he said, it was exactly the person I had described; she had pawned them in my name, and told them that she was the mistress of the house, that she kept the house; the next morning I went to Bow-street, and informed them we had found some things; they told me, at Bow-street, that unless I found the person I must take the things out, and pay a guinea for them, that they had advanced; I saw no more of her till the 29th of November, I was going up to Newport-market, and at the corner of St. Martin's-lane, there is a woollen-drapers, she saw me, she ran up a court, and I went after her, seeing me coming after her, she returned; I asked her if she did not know me; she told me she did not, that she had never seen me before; I told her I was confident she had; she asked me when; I told her I thought she could recollect where as well, as I could tell her; I told her if I must have the trouble to tell her, that I was the person where she took the table-spoon, and the counterpane, and sheets from, in Northumberland-street; she told me I had mistook the person; I told her I was confident to her person; she said, if I took her up, she would

take me up; I told her I should not take her up myself, but if she offered to stir till I had assistance, I should cry stop thief; she told me, she would not be detained in the street; there was a great mob of people gathered round; I desired a young man that was there to get somebody to take the prisoner, for she had robbed me; he brought the beadle of the parish, and they took her down to the watch-house, and from thence to Bow-street, where she was examined; my servant girl went to Bow-street, and she knew her as soon as ever she saw her; when she was searched, she had two guineas and a half in gold in her pocket, six shillings and six-pence in silver, and three shillings in halfpence and farthings, and a great number of duplicates, but not the duplicate of the spoon.

Cross-examined by Mr. Peat. Q. You never saw the person of the prisoner before the time she came to your house? - A. No.

Q. She sat in the kitchen? - A. A quarter of an hour.

Q. Had you any conversation with the gentleman in the parlour? - A. No, nothing particular.

Q. Did you never say that you supposed it was a man in woman's clothes? - A. I said, I thought so; because she was such a large featured woman, but I am sure she is the person.

Q. How do you know that she was gone about half an hour? - A. I saw her go.

Q. Then you or your servant saw her all the time? - A. I do not know.

Q. The spoon was there when she returned at one o'clock? - A. Yes.

Q. Your servant made the bed, between the time of her leaving the house, and coming home, at one o'clock? - A. Yes.

Q. Have not you a great many lodgers? - A. No.

Q. You are not very nice in your lodgers, I see, to take people without characters? - A. I told her, I wished to have some account of her.

Q. Did you see her when she came back again at one o'clock? - A. No; the girl did.

Q. But you yourself did not know who that was? - A. No.

Q. How long do you think it was, before the person who went up stairs, quitted the house again? - A. About five o'clock, as near as I can tell; I saw her go out myself.

Q. You did not see the person? - A. Yes, I did.

Q. At what hour did the pawnbroker state the things were pawned? - A. Six o'clock, as near as I can recollect.

Q. You have, probably, more sheets, and more counterpanes, and more spoons in the house? - A I have; the counterpane I am certain to, it has my mark upon it.

Q. If any person stopped you in the street, mistaking you, you would not have liked it? - A. I should not have minded, if I had known myself innocent; I am certain to her person, she said, at Bow-street, that she was in Ireland at that time.

Q. Then you do not know precisely, whether she was in the house on the 5th or not? - A. To the best of my knowledge she was.

LYDIA SMITH sworn. - On the 16th of November, the prisoner was at Mr. Bailey's house between the hours of ten and one, I cannot tell exactly the time she first came; I do not know any thing that passed before one o'clock, she came in at one o'clock; I went and fetched her some soup, she asked me to fetch her some, and she gave me one shilling.

Q. Only one shilling? - A. Only one shilling, and a three-penny loaf; I took the soup up to her, with a silver spoon, and the loaf; I asked her if she wanted any thing else, she said, no, she did not want any thing else; she said, she was very much fatigued, and she would go to bed; she went into the room to go to bed, as I thought, I went into the room three times, to look at the fire in the mean time, and to take the bason and the spoon away, but it was put in the cupboard, with the bason half full of soup, I saw it there; I did not see any more of her till five o'clock, she called to me at the top of the kitchen stairs, to ask me to take in the things that she should send in; I saw her go out at the door directly; in about half an hour after, I went up stairs to look at the fire, and the door was fastened; I went down stairs and told my mistress of it, I made the kettle boil and set the things ready to take up stairs; I went up again to see, and I could see no fire through the key-hole; it went on till about seven o'clock, then we began to be very uneasy, and my mistress desired me to go to the Golden-cross, Charing-Cross; I went there, and asked the landlady of the house, if a Mrs. Wilson had come there from Yarmouth, that morning, and the answer was, no, there was no such a person came there; I returned back again, and told my mistress; when I returned, there was captain Leicester in the house, we tried to open the door, but could not; I went down into the kitchen, and got a table to set a ladder upon to get in at the window; I got in myself at the bed-room window, and saw that the quilt was gone off the bed, and we looked, and found the sheets were gone; we went into the dining-room, and saw that the table-spoon was gone out of the bason, that was at eight o'clock, and my mistress ordered me to fetch my master from the Haymarket.

Q. How many times did you see her? - A. Three times; I am sure she is the person, I am quite confident she is the person.

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

Q. Was she dressed then as she is now? - A. No, she is not; I know her by her person, I am quite confident she is the person.

Q. You have no doubt at all about it? - A. None.

Q.(To Mrs. Bailey.) Did you take particular notice of her? - A. Yes; when she took the lodging, when she agreed for the lodging, when she sat in the kitchen, at five o'clock, and when she went out of the house, at the top of the kitchen stairs, she was dressed in a cotton gown and petticoat, a large pattern; I could as positively swear to her, as I could to any of my own children.

Q. You saw her again in St. Martin's-lane? - A. Yes; and I knew her again immediately, and she knew me, for she ran up the court immediately, I was confident to her face.

Cross-examined by Mr. Peat. Q. How long was it before you saw this person again? - A. The 29th of November, when my mistress sent for me to Bow-street.

Q. Then you have told his Lordship, that you are very confident she is the woman? - A. Yes.

Q. Though you had never seen her before she came to the house? - A. Yes.

Q. I suppose you would have known her if you had met her in a hop-garden in Kent, or in Cork, or any where else? - A. Yes.

Q. And if none of the things had been taken out of the house, you would have known her I suppose; - A. Yes.

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

Q. You had a great deal of conversation with your mistress about this being a man in woman's clothes? - A. I had none; I have heard it spoken of, but not to say positively.

Q. Was it spoke of in the hearing of any other person? - A. Not that I know of.

JOHN ACKLAM sworn. - I am shopman to Mr. Salkeld, pawnbroker, the corner of Bedford-street, in the Strand: I cannot say positively that I ever saw the prisoner before, it is like the woman that I took in a pair of sheets and a counterpane of, on the 16th of November, at near six o'clock in the evening; to the best of my belief it was the prisoner, but I cannot swear to her.

Q. Was it a man or a woman? - A. A woman.

Q. Had you any occasion, after she had been there, to bring it back to your remembrance? - A. When Mrs. Bailey called upon me, I did not exactly recollect, till I came to look the things over in the evening.

Q. How was the person that brought the things to you dress? - A. She was dress very genteel, she had no cloak on, she was a tallish woman.

Q.Pale-faced, or how? - A. I cannot exactly say.

Q. Had she silk or satin, or what on? - A. I cannot say.

Q. Had you ever seen her before to your knowledge? - A. No.

Q. You will not venture to swear to her, but to the best of your belief, she is the person? - A. Yes.

Q. Did she pawn it or sell it to you? - A.She pawned it for a guinea.

Cross-examined by Mr. Peat. Q. It was about six o'clock you say, that some person came with these things to pawn? - A. Yes.

Q. Persons generally stand under cover, you have not a very accurate view of them? - A. It was candle-light.

Q. In whose name did she pawn them? - A. In the name of Sarah Bailey. (The things were produced, and deposed to by Mrs. Bailey).

Prisoner's defence. I am not at all guilty, I was going along St. Martin's lane, the prosecutrix met me, and asked me if I did not know her, I told her, no, I did not; she said I was in disguise, and was a man dressed in woman's clothes.

Mr. Peat. (To Mrs. Bailey). Q. Did you send any body into the gaol to look at the prisoner? - A. No, I did not.

For the Prisoner.

MARY NOWLAND sworn. - Examined by Mr. Peat. I live in King-street, Bloomsbury, No 60; my mother is very ill in bed and could not come: On the 16th of November, I was in company with the prisoner at my mother's, before twelve o'clock and till three.

Q. Were you in the same room for all that time? - A. Not all the time; I was in the room from twelve to near one; I went out and came in again at near three, and met her coming out of my mother's room; she told me she had been with my mother all the time.

Q. She did not tell you where she was going? - A. No.

Cross-examined by the Court. Q.What part of the house was your mother in? - A.Below stairs in the front parlour.

Q.What is your mother? - A. A milk-woman.

Q. Do you live with your mother? - A. Yes.

Q. Are you of any profession or occupation? - A. I mind my mother's business.

Q. Do you mean that you sell milk for her-do you carry milk about? - A. Yes.

Q. Your mother is so ill that she cannot attend? - A. We do not expect her life a day.

Q. How long have you known the prisoner at the bar? - A. Almost fourteen years.

Q. Has she constantly been in the habit of coming to your house all that time? - A. Yes.

Q. What is she? - A. A servant.

Q. Was she so on the 16th of November? - A. No; she was not in place.

Q. Do you know what she came to your mother for? - A. To see my mother.

Q. Where had she lived, the last place, before the 16th of November? - A. Some place in the city, I believe, I really do not know.

Q. Has she been in place since? - A. No.

Q. Have you seen her between the 16th and 29th? - A. Yes; she was twice at our house to see my mother.

Q. Where did she live? - A. I really do not know where she lived.

Q. Then you have not heard from her where she lived? - A. No.

Q. Do you know what countrywoman she is? - A. She is an Hibernian.

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

Q. Can you tell what place she has been in in the city? - A. I cannot tell.

Q. Do you know any place she has ever lived in in the city? - A. I forget the name, and the number, it was in Finsbury-square.

Q. How long has she left that place? - A. I do not know the length of time.

Q. Have you seen her often before the 16th of November? - A. Yes; I have seen her twice from the middle of October to the 16th of November.

Q. What induced you to remark the 16th of November? - A. That day week, which was Lord-Mayor's-day, a sister of mine was married; Mrs. Gill was asking after my sister, and I told her that day week she was married.

Q. What day of the week was it? - A. Thursday.

Q. When did you first hear of the prisoner being taken up? - A. This day week, I think it was.

Q. When did you first recollect that you had seen the prisoner on the 16th of November? - A. It was mentioned that that was the day that the prosecutor spoke to -

Q. Who mentioned it to you? - A. My uncle, one Mr. Creevy, he is here present.

Q. How did he know? - A. Mrs. Gill sent for him.

ELIZABETH ONION sworn. - Examined by Mr. Peat. I live servant with Mrs. Nowland, No. 60, King-street; I went to live with her, the 12th of November; I saw the prisoner, on the 16th, at my mistress's house; she came there rather before twelve; I came away at almost two o'clock, about my mistres's business, and she had been there all that time; I was in and out all that time; when I had done my business, it was about three o'clock, the prisoner was there then, and she sent me of an errand for a French gentleman, but I do not know what that errand was.

Q. How long were you gone? - A. Not long, it was just by King-street. Mrs. Gill went away a little after three; I never saw her before, I am sure she is the same woman; she was dressed in a large pattern gown.

Cross-examined by the Court. Q. Was this large pattern gown a satin or a silk gown? - A. It was a linen gown, and she had a black bonnet on.

Q. Any veil? - A. No.

Q. A feather? - A. No.

Q. Where was it that Mrs. Gill sent you? - A. Just by Red-lion-square, I cannot think of the name of the street, it was No. 1, as you go through Orange-street, and turn to the left hand; I cannot tell the name of the people of the house, nor the name of the French gentleman.

Q. How old are you? - A. Sixteen.

Q. Can you write? - A. No.

Q. Can you read? - A. No.

Q. What day of the month is this? - A. I cannot rightly tell.

Q. Then how did you know that was the 16th of November? - A. Because my young mistress was married on Lord-Mayor's day, that was before I lived there; but my mistress told me of it.

Q. What month is this? - A. This is November, I believe.

Q. What month will the next be? - A. December.

Q. And what was the month before November? - A.October.

Q. When did you first hear that the prisoner was taken up? - A. My young mistress told me of it, but I cannot recollect what day of the month it was that she told me of it.

Q. Who told you it was the 16th that she came there? - A. I heard my young mistress talking about it, and I asked if that was Mrs. Gill, and she said, yes.

Q. When was it you heard her talking about it? - A. Last Thursday, that was the first I heard of her being taken up.

Q. If last Thursday was the first day that you knew of her being taken up, how came you to remember that it was the 16th that she was at your house? - A. I recollected it very well.

Q. Did nobody tell you to recollect it? - A. No.

MARY CROW sworn. - Examined by Mr. Peat. I did live at No. 1, Lumber-court, I have left it about a fortnight.

Q. Did you ever see the prisoner at the bar there? - A. Yes; very often; I saw her there on the 16th of November, between four and five in the afternoon; she remained with me from that time till between nine and ten the next morning, excepting while I went of a little errand, and I suppose I was not gone a moment; I have known her ever since last June, she is a servant.

Cross-examined by the Court. Q.Have you frequently seen her during the course of the time you have known her? - A. I have been with her and her husband, and my husband, between three and four months, on board a ship, the Montague, of 74 guns, she laid at the Nore at that time, and we failed round to Spithead in her.

Q. When did you leave London to go to the Nore? - A. I cannot tell the day, it was in June, but I cannot rightly tell what part of June, she went on board one day, and I the next.

Q. How long were you on board ship? - A. Between three and four months, till October; at Spithead the ship was put into dock, and we were put into a hulk, and continued there about five weeks, and then we were put on board our own ship again, but we only staid while they took in stores, and then the women were turned adrift; I was put on shore one day, and she the next; I came home, and she called upon me in Lumber-court, about a week after she came home.

MARY HANDY sworn. - Examined by Mr. Peat On the 16th of November, I lived at No. 1, Lumber-court, I lodged with Mary Crow, the prisoner came there that day, it might be between four and five o'clock, I do not think it was so late as five; I was in company with her and Mrs. Crow all night, Mrs. Gill slept with me, I was not from her above five minutes, while I got some potatoes for supper; I am sure it was the 16th of November, because I have money coming in weekly, and I am obliged always to write the day of the month to it, and sign my hand; I lodge with Mrs. Crow, and take in nurle children.

THOMAS SIMPSON sworn. - I am servant to Mr. Kirby; I know no further than this, that there have been several persons to see her in jail, and have said that she was not the person that robbed them, though she was very much like her.

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

GUILTY (Aged 43.)

Transported for seven years .

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

Reference Number: t17971206-21

22. ROBERT PENN , alias FISH , and RACHEL PENN, alias FISH , were indicted, the first for feloniously stealing, on the 27th of September , two pieces of linen cloth, value 59s. seven yards of nankeen, value 9s. two remnants of muslin, value 3s. 6d. three cotton handkerchiefs, value 4s. a muslin cravat, value 5s. thirteen yards of printed cotton, value 27s. six yards of gingham, value 12s. and two yards and a half of white cotton, value 1s. 6d. the property of Joseph Bulmer , in his dwelling-house ; and Rachel Penn, for receiving the same goods knowing them to be stolen .(The case was opened by Mr. Const).

JOSEPH BULMER sworn. - Examined by Mr. Const. I am a line-draper , No. 144, Whitechapel : The prisoner was my servant five months, he came to me either the latter end of June or beginning of July, he came to me as a single man, and boarded and lodged in my house.

Q. Did you apprehend he had any other habitation? - A. None whatever; he left me this day week; last Thursday I went into the country; on the 20th I had missed several things but did not suspect him; after some time I had occasion to suspect him, and I applied for a warrant to go to No. 10, Artillery-street, the house of Mrs. Barry, he went there by the name of Fish, two Police-officers went with me; I found a large trunk of things, all of which came out of my shop, and some of which, I can positively swear to be my property; I found also, between eighty and ninety pounds, in money and Bank-notes; and I know, when he came to me, he was not worth a groat; he was in great distress, and was recommended to me as an object of charity; the things are here.

EDWARD SMITH sworn. - Examined by Mr. Const. I am a Police-officer: I went with Mr. Bulmer to execute a search-warrant at the house of Mrs. Barry, No. 10, Artillery-street, I went up two pair of stairs.

Q. Did you, during the time you staid there, see the prisoner at all? - A. I did; when I went up stairs, Mrs. Penti was sitting by the fire; when I communicated to her our business, she seemed very much alarmed, indeed; this trunk was standing by the window, I asked her for the key; she said her husband had got the key, and he was out, and desired us to wait till he returned, before we searched the room; I took the poker, and by force, broke open this trunk, and in it was most of those things that are here.

Q. How many articles have you put in since? - A.This gown, and a gown that Mrs. Penn had on her back; this gown, I believe, lay on the bed; I put all the property into the trunk; Mr. Penn then came home, and I took hold of him, and secured him; she exclaimed, my dear Mr. Penn, what shall I do; he was then taken to the office for examination.

Q.Coomes was the other officer? - A. Yes.

Q. He knows nothing more than you do? - A. No.

Cross-examined by Mr. Gurney. Q. You say this young man seemed very much alarmed? - A. Yes.

Q. It is not at all unlikely that any person may be alarmed at two Police-officers coming with a search-warrant? - A. No.

Balmer. This piece of linen I can swear positively to, there is my own hand-writing upon it.

Q. What is the value of that? - A. Two pounds sixteen shillings it cost me; I left London on the 20th of last month, and I then had seen this piece, it is a remarkable piece, it is much cheaper than any of the others; on my return, on the 27th, I missed this along with some others; here are some handkerchiefs that have got my shop-mark upon them; and a piece of nankeen which has my shop-mark in my own hand; and the fag-end of this gown has my own mark upon it; and the neck-cloth.

Q. Did you permit him, while he was with you, to deal in any thing of this sort? - A. Nothing.

Cross-examined by Mr. Gurney. Q. I believe you keep one shop in Margate, and another in London? - A. Yes.

Q. A considerable part of the summer you were at Margate? - A. Yes.

Q. All you know about these things are, that they were in your shop at some time or other? - A. I swear that this piece of Irish has been stolen out of my shop.

Q. Will you swear that was not stolen out of your shop in your absence? - A. I will; I have examined my books.

Q. Will you venture to swear, that in you absence, it has been the uniform conduct to put down every article in the hurry of business? - A. We do not put down every quarter of a yard, but they are put down sundries; and I have looked, and there is not twenty shillings in sundries put down.

FRANCES BARRY sworn. - Examined by Mr. Const. I live at No. 10, Artillery street: The prisoner came to lodge with me about the beginning of August; the young woman took the lodgings, I did not see the young man for two days; she took them in the name of Fish.

Q. Did she bring any goods with her, or any property? - A.Nothing but what she brought in an handkerchief; the trunk had been about six or seven weeks in the house.

Q. Do you know whether it was full or empty? - A. I have reason to think it came from the trunk-maker's shop to our house; after that, this young man frequently came of an evening, and at two, three, and four o'clock, on Sunday mornings; she made up this gown while she was in my house.

Mr. Gurney. Q. You believed them to be man and wife; they cohabited together as man and wife? - A. Yes.

Robert Penn 's defence. Mr. Bulmer intrusted me, in his absence, for five months; during which time I did him justice, as a servant ought to do.

Rachel Penn 's defence. I leave it to my Counsel; I am innocent of the charge that I am accused of.

SAMUEL GRATEY sworn. - Examined by Mr. Gurney. I was with Mr. Bulmer six weeks or two months, I was there part of the time Mr. Penn was there; the whole of the business lay upon me and the prisoner at the bar.

Q. In the hurry of business, do you know whether, in point of fact, every article sold is entered in the books? - A.There may be quarters and half quarters not entered in the book, but any thing that may be a shilling, or so, he entered in the book.

Q. Are you able to swear that every article, of a larger price, was entered in the book, in the hurry of business? - A. I cannot.

Q. Have you ever known the prisoner himself purchase any articles in the shop? - A. No.

Q. Did you ever know him pay any money for goods? - A. I never saw him put any thing into the till.

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

Robert Penn , GUILTY Death . (Aged 20.)

Rachel Penn, NOT GUILTY .

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

Reference Number: t17971206-22

23. WILLIAM SMITH , otherwise FLINT , EDWARD REYNOLDS , and STEPHEN REYNOLDS were indicted for feloniously stealing, on the 2d of September , four cows, value 40l. the property of Richard Waghorn .(The case was opened by Mr. Const.)

RICHARD WAGHORN sworn. - Examined by Mr. Const. I am a farmer , at Harefield; I lost four cows, on Saturday the 2d of September, my boy saw them on the moor; I went down on Sunday to fetch them home, and could not find them.

Q. How soon afterwards did you see them? - A. On the Monday morning I was persuaded to go to Barnet-fair, but they were not there; about the 16th I had a letter from Malden, in Essex, and I went to Chelmsford to enquire for them; Mr. Purnell, keeper of the jail at Chelmsford, gave me some information, in consequence of which, I went to Edmonton; on Monday the 18th, I found one that Mr. Purnell had put in the possession of a constable, that was one of the cows that I had lost; the others I found at Chingford-hall, at a Mr. Penton's, at grass; I do not know who put them to grass; I am sure they were all my cows.

Cross-examined by Mr. Knowlys. (Counsel for Stephen Reynolds .) Q. The cows you lost were put upon Harefield moor? - A. Yes; about seventeen miles from London.

Q. On the Uxbridge road? - A. Yes.

Q. How late, on the 2d of September, had you seen them? - A. I had not seen them myself.

Q. How early did you send your boy to look for them? - A. About eight or nine o'clock.

ROBERT PURNELL sworn. - Examined by Mr. Const. I am the keeper of Chelmsford jail.

Q. You knew, from advertisments, that some cows of Mr. Waghorn's had been lost? - A. Yes; in consequence of which, I gave him some information; I went to apprehend the parties who were suspected to have got the property, at Edmonton, with a warrant granted by the Reverend Henry Bate Dudley; I apprehended Stephen Reynolds, and a man of the name of Flint, alias Smith, on Saturday the 16th of September, and on the Sunday morning, I went to Stephen Reynolds's at Edmonton, and I found in a field of his a quantity of cows, and some horses; I applied to a Magistrate to know what I should do; and he ordered me to deliver three cows, that I suspected, into the hands of William Goddard, the constable; I did deliver them, and when I got home to Chelmsford, on the Monday, Mr. Waghorn applied to me to give him some information, if I could, respecting it; one of the cows that I had delivered into the hands of the constable answered the description, and I sent Mr. Waghorn to the constable to look at his property; a person from Reynolds's house went to shew me the field.

Cross-examined by Mr. Alley. (Counsel for Stephen Reynolds .) Q. You found these cows in a field? - A. Yes.

Q. Not adjoining to the house? - A. No.

Q. You do not know, of your own knowledge, that that field belonged to Stephen Reynolds ? - A. No.

Q. The other Reynolds was discharged by the Magistrate? - A. I do not know any think of that.

WILLIAM GODDARD sworn. - Examined by Mr. Const. I am a constable, at Bury-street, Edmonton: Mr. Purnell came to Edmonton, on the Thursday, and gave me charge of six cows, that were alive, in the field of one Mr. Robert Jones, and one that was dead, had dropped a calf in the cow-house.

Q. Who owned them there? - A. The first cow was owned by Mr. Waghorn, of Harefield, it was a brindled one; Stephen Reynolds had the after-grass of the field.

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

Mr. Knowlys. Q. Upon your oath do you know that fact? - A. I know that the servant of Mr. Robert Jones told me so.

JOHN MARKS sworn. - Examined by Mr. Const. I live at Edmonton, I am a labouring man: I know Stephen Reynolds, and Flint; I saw Flint with a parcel of cows on the 3d of September, they were at Edmonton, over against the Angel.

Q. Do you remember a brindled cow among them? - A. I believe so; there were some black, some red, and some all colours.

Q. Do you know that cow that Mr. Waghorn has taken away? - A. Yes.

Q.Can you say whether you saw that among them? - A. Yes, I can.

Court. Q. Are you sure you saw that cow? - A. Yes; I bought a cow that has been taken away since.

Cross-examined by Mr. Knapp. (Counsel for Flint.)

Q. The cows you saw were all colours? - A. Yes; there were some black, and some brindled.

Q. Were there more than one brindled? - A. I do not know.

Q.Are you not a milk-man? - A. No; I carry milk about for a window woman.

Q. And, of course, you are paid for carrying milk about? - A. Yes.

Q. Is not Stephen Reynolds a milk-man? - A. Yes.

Q. Have you had any conversation about this business since the prisoner has been in custody? - A.No, none at all.

Q. Do you know whether there is any reward in this case? - A. I do not know.

Q. You never heard? - A. No.

Q. You never made use of any expressions at all to any body? - A. No.

Q. You never had an anxiety, or wish, to get a milk-walk of either of the prisoners? - A. No; I never expected it.

Q. Nor you never said it would be a good thing to get it? - A. No; I do not think it would be a good thing.

Court. Q. Did you, yourself, see the cows in the possession of any of the prisoners? - A. I saw Flint driving the cows, over by the Angel, at Edmonton, at six o'clock in the morning.

Court. Q. I took you, that you said, you saw on the Sunday morning, the two Reynolds's, and Flint, driving the cows? - A. No, I did not see the Reynolds's.

Court. Q. Where do they live? - A.Stephen Reynolds, and Flint, lived at Edmonton; I do not know where the other lived.

Smith's defence. I did assist in driving this cattle to Galley-wood Common, to assist Reynolds; as to the other part of the business I know nothing about it.

Edward Reynolds 's defence. Flint, and my brother brought the cows to me; I know nothing at all of it.

Court. (To Goddard) Q.Do you know whether Stephen Reynolds had any thing to do with that cow-house? - A. It was under his roof; the field is four hundred yards from there; he had the field, from the hay going off the field to New Michaelmas-day; I was ordered, by a relation of Stephen Reynolds's, to clear Mr. Jones's field against the 30th of September, otherwise Robert Jones would bring another quarter's sent on; at that time, I saw eight cows there, of which, he milked four, and two were dry.

Q. Did you see him milk them? - A. No; the cows were milked by a woman that Reynolds employed.

Q. How do you know that? - A. She said so; I have seen her go about with milk for Reynolds; I gave her leave to milk the cows, after Mr. Purnell had given me charge of them.

Q. Who had the property of the milk? - A.Stephen Reynolds's wife, I believe; she was very well known to carry Stephen Reynolds 's milk.

Q. You do not know that she was employed by Reynolds? - A. No.

Q. Have you ever seen her employed by him? - A. No.

Q. You know nothing about the field but what Jones's servant told you? - A. No.

Stephen Reynold . I leave my defence to my Counsel.

Q.(To Waghorn.) What distance is it from Edmonton to Harefield? - A. I cannot say; I was nine hours driving them home, one cow was with calf; I think it must be between twenty and thirty miles.

W. Smith, alias Flint, GUILTY Death . (Aged 60.)

Edward Reynolds, NOT GUILTY .

Stephen Reynolds, NOT GUILTY.

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

24. They all three stood again indicted for feloniously stealing, on the 2d of September , a cow, value 10l. and two heifers, value 16l. the property of George Calvert , Esq.

There being no evidence to affect the prisoners, they were ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17971206-23

25. WILLIAM BAINES was indicted for feloniously stealing, on the 20th of November , in the dwelling-house of Stephen Franque , four linen shirts, value 20s. six muslin handkerchiefs, value 8s. six linen pocket-handkerchiefs, value 6s. one pair of silver shoe-buckles, value 10s. and two Bank-notes, each of the value of 5l. the property the said Stephen.

STEPHEN FRANQUE sworn. - I am a native of France; I have no particular profession; I lodge at No. 38, Poland-street ; there is one other lodger besides me, a gentleman and his wife; I pay my rent to them.

Q.Are they in possession of the whole house? - A.They are.

Q. What are their names? - A.Davidge. On the 22d of November, the prisoner had been employed in the house where I lived as a painter ; he had been about a week in my house at different times; I found I was robbed of two 5l. notes, four shirts, three of them had never been wet, about six neckerchiefs, I cannot say exactly, about half a dozen pocket-handkerchiefs, and a pair of silver shoe-buckles, and these were, except the buckles, in a book-case locked; as soon as I was robbed, I informed the master of the house, and they were all very much surprised, and said, they could not suspect any body but the prisoner, who had been employed in that room; I missed them on the 22d of November; on the Friday after, I got a search-warrant, and went to Baines's house, he was not there, but I saw his wife; I found three muslin neck-handkerchiefs with my mark, and one scratched out.

Q. Had he a whole house, or only lodgings? - A. His wife told us he had the whole house; Mr. Hamilton was with me.

Cross-examined by Mr. Knapp. You have lost two bank-notes of 5l. and these pocket-handkerchiefs and silver shoe buckles? - A. Yes.

Q. How long have you been in this country? - A.Since the 23d of July, seven years.

Q. You live upon your means only? - A. I teach the French language, but I live mostly upon remittances from France.

Q. The remittances, I take it, are not sent in Bank-notes into this country? - A. No.

Q. How many people were at work in this house besides this painter? - A. I cannot say.

Q. More than he? - A. The last week there was only him.

Q. How many bricklayers were employed about the house? - A. Two, I believe, a long while ago, I had lost nothing at that time.

Q. Was any body else employed about the house at that time? - A. One carpenter; I have seen one, but he has never been by himself.

Q. Nor any other painter employed in any other part of the house? - A. I cannot say.

Q. Was not the house in a state of repair? - A. Yes.

Q. Were there not different workmen about the house at that time? - A.Before I lost my property.

Q. How long before the 22d had you seen it? - A. Three or four days before I had the Bank-notes.

Q. How long before had you seen the handkerchiefs? - A. I missed the Bank-notes on Wednesday, so I looked if I had lost any thing else, and the same day, I missed the neckerchiefs.

Q. The 22d was the first day that you missed them, but you had not seen any of the articles for four or five days before? - A. I had not taken notice of them.

Q. Will you swear that you had not seen them within a week or ten days? - A. I have seen my

property, without counting them over, to see whether they were all there; I missed the Banknotes, and then I looked if I had lost any thing else.

Q.When you went to this house, and saw a person you supposed to be Mrs. Baines, did not you know that she was a person who took in washing? - A. No; I did not know it.

Q. Did you not see a mangle there? - A. Yes.

Q. You went and searched this house, and found the handkerchiefs, in the prisoner's absence? - A. Yes.

Q.You went before the Justice the next day? - A. The same afternoon.

Q. Did not the prisoner come voluntarily to surrender himself, though he knew that you had searched the house? - A. Yes.

SAMUEL HAMILTON sworn. - I am an officer:(Produces two muslin handkerchiefs and a cambric handkerchief); I found these, in consequence of a search-warrant, at the prisoner's house, on Friday, the 24th of November; the prisoner's name was wrote on the door, " William Baines , Painter;" I saw a woman, who represented herself as the wife of the prisoner; the front room is a chandler's shop, the back room they sleep in; the other parts of the house are let to lodgers; in a box, under the counter in the shop, the prosecutor being by the side of me, observed this handkerchief, and said, that is mine; I said, before he opened it, what should he know it by; there will be holes in the middle, says he, finely darned, the letter F in blue, and the appearance of a second letter scratched out; these were the words he made use of at the moment.

Q. Are you sure he said finely darned? - A. Yes.

Q. Was this box locked, or open? - A. I think it was open; the woman was standing by at the time; in another box, in the back room, which stood under the table, I found this cravat, marked with the letter F in blue; Mr. Franque said, all his things were marked with the letter F in blue; in a basket, in the same room, I found this neck handkerchief; the prosecutor claimed it, and said, he knew it by it's quality; there is no mark about it, but the appearance of it's being fresh hemmed; he had others which corresponded with it, in his pocket; I have had them ever since.

Cross-examined by Mr. Knapp. Q. The prisoner was not at home? - A. No.

Q. Of course you did not apprehend him? - A. Not myself.

Q. He came to the office voluntarily next morning? - A. I saw him there, he had been first, I believe, to the prosecutor, his wife being in custody.

Q. One handkerchief was in the open shop, in a basket under the counter? - A. In a box.

Q. Do you know whether Mrs. Baines was a washer-woman? - A. I understand she took in mangling. (They were deposed to by the prosecutor).

Mr. Knapp. (To Franque). Q. How long had you been in possession of these handkerchiefs? - A. I cannot say exactly, perhaps these four or five years, and this about a year.

Q. The letter F would do for any other person's name as well as your's? - A. Yes; but there were two initial letters to my linen; I did not like two letters, and I scratched one out, and there is a mark of it being scratched out.

The prisoner left his defence to his counsel.

For the Prisoner.

MARY ASSITER sworn. - Examined by Mr. Knapp. I am a servant out of place.

Q. Look at these handkerchiefs, and tell me if you know either of them? - A. I can swear to this handkerchief.

Court. (To Franque.) Q. Is that the one that appeared newly hemmed? - A. Yes.

Assiter. I hemmed it for Mrs. Baines on the Wednesday following, the 14th of September; I know it by the loose threads that are left out, I can swear to my mark.

Court. Q.When did you last see that handkerchief before to day? - A. Not since, to my knowledge.

Q. Do you live, at this time, with Mrs. Baines? - A. No, I do not.

Q. How came you here to day? - A. I came here to speak what I knew.

Q. Did you receive any subpoena, or come at the request of any body? - A. I came here as a witness.

Q. Who desired you to come as a witness? - A. I had a subpoena.

Q.Where is your subpoena? - A. I have not it with me.

Q. Has any body said any thing to you about this handkerchief, between the month of September and the present time? - A. Since this affair happened, Mrs. Baines spoke to me about it, she asked me, if I remembered the handkerchief that I hemmed; I told her, yes, I did.

The prisoner called four other witnesses, who gave him an excellent character.

GUILTY of stealing only . (Aged 45.)

Transported for seven years .

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

Reference Number: t17971206-24

26. JOHN SETON was indicted for feloniously stealing, on the 6th of December , a live tame cock, value 1s. and eleven live same hens, value 11s. the property of the Rev. Moses Dodd .

(The case was opened by Mr. Knowlys.)

The Rev. MOSES DODD sworn. - I am a clergyman , I live at Hanwell , in the county of Middlesex: On Wednesday night last, between eleven and twelve o'clock, I went out into my garden, and heard the noise of beating the wood in a farm yard adjoining my garden; I went to that part of the garden next to the farm yard, and there I perceived the beating of wood, and the fluttering of fowls; I went into the house, and called my servant; I desired him to go round to the farm yard, and at a signal we had both agreed upon, we were both to meet in the farm yard; we did so, and there we found this man standing on the wood that had been put into the house to dry; we took him, and I afterwards took a lanthorn to the house, where I found nine of the fowls dead, and the next morning there were three others found.

Court. Q. Did they appear to be recently killed? - A. Yes. They were warm; I sent for Wild, the constable of the parish, and secured him; I charged him with it, and he told me, that what he had done, was through distressed circumstances, and I told him I was very sorry for it; I thought from that he had a very large family, but on enquiry, I find he had but one child.

SAMUEL ATKINSON sworn. - I am servant to Mr. Dodd; last Wednesday night, the 6th of December, about half-past eleven, my master was walking in the garden, and heard a noise; I went immediately down to the gate where the noise was, and I went round to where the poultry roosted, there I found the prisoner standing upon the wood, in the same out-house that the poultry roosted in, and the poultry were lying there dead and warm; I asked the man his business there, and he said, he came there to lay down, I did not hear him say any thing else.

Q. Were they all hens? - A. No; eleven hens, and a cock.

Q.Tame poultry? - A. Yes.

Court. Q. Had you known the prisoner before this? - A. Yes.

Court. Q. Did he live in the neighbourhood? - A. No, he did not, he lived at Paddington.

Prisoner's defence. I was going to Watford, and I went that road, and went in there to sleep.

GUILTY (Aged 46.)

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

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

Reference Number: t17971206-25

27. RICHARD SIBBORNE was indicted for feloniously stealing, on the 31st of October , an iron coulter of a plough, value 3s. the property of Richard Sims .

There being no evidence to affect the prisoner, he was ACQUITTED .

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

Reference Number: t17971206-26

28. WILLIAM WADE was indicted for, that he, on the 3d of December , in and upon William Barclay , in the King's highway, did make an assault, putting him in fear and danger of his life, and taking from his person a steel watch chain, value 12d. a metal seal, value 6d. and a metal watch key, value 6d. the property of the said William.

WILLIAM BARCLAY sworn. - Last Saturday, I was spending the evening at St. Ann's, with a few friends, I staid later than usual, and I went to a watering-house, in Spur-street, with the beadle of St. Ann's; I was in the bar, and saw the prisoner in the tap-room, I do not known the sign of the house, it is kept by Mr. Manning, he spoke to me across the bar door, I had never seen him before; I did not like the look of him, and I made him no answer; about an hour after that, the landlord told me he wanted to go to bed; I went away between three and four, and being a fine moon-light morning, I went through Sydney's-alley, and down to Charing-cross; I thought, between six and seven, I should be able to get into my lodgings, the people would be up, I live in Wardour-street; when I got to the middle part of Whitcomb-street , there is a gate-way, called the Nag's-head; the prisoner came out from the corner, and hit me a violent blow on the mouth; I fell down, and as I was falling, he made a violent snatch at the chain of my watch; it being a moon-light morning, I saw that it was the same man I had seen at Mr. Manning's; I concluded from the snatch, that my watch was gone, I got up as quick as possible, he ran away as fast as he could, I cried out, stop thief, he ran up James-street, which is the first turning on the left-hand; I followed him by the found of his running, the morning was very still; I followed him through Oxendon street, at the corner of Panton-street, two watchmen stopped him; I immediately came up, and said, that is the man that robbed me of my watch, this might be about three minutes from the time he knocked me down, till he was taken to St. Martin's watch-house; when I came to recollect myself, I was very much frightened, I put my hand down, and found the watch in my fob; I had lost a steel chain and a seal, and the key that is mentioned in the indictment; the next morning, about seven o'clock, the same chain that I had to my watch, was found by a little boy, who picked it up close to the place where he knocked me down.

Q.Were you drunk or sober? - A. I had been

drinking the fore part of the evening, but at that time, from walking about, I was perfectly sober, and knew what I was about.

Q. Are you sure the prisoner at the bar was the man? - A. I am sure he is the man; I knew him when he knocked me down to be the same man I had seen at the watering-house.

CHARLES READY sworn. - I am a watchman; at half-past five o'clock last Sunday morning, my brother watchman and I were talking at the corner of Panton-street, we heard a man halloa out, two or three times, stop thief, immediately upon that, we saw the prisoner running out of James-street, up Oxendon-street, the prisoner himself called out, stop thief, as well as the prosecutor; we laid hold of him, and the prosecutor charged him with knocking him down and robbing him of his watch; he was searched at the watch-house, but no watch or any thing found upon him.

WILLIAM GROUNDLAY sworn. - I am a partner with the last witness; I know no more than he does.

JAMES CASTLEMAN called. - I am twelve years old.

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

Q. Can you say your catechism? - A. Yes.

Q. Do you know what becomes of people that swear falsely? - A. Yes; they go to the devil, (he is sworn;) I live in the Nag's-head-yard, Whitcomb-street; last Sunday morning about seven o'clock, I found a watch chain, (it is produced by the constable); this is the watch chain that I found facing the Nag's-head yard, in the middle of the road, in the dirt.

Q. Did any body see you find it? - A. No.

Q. What did you do with it? - A. I shewed it to Mr. Temple, over at the public-house, the Three-tuns; I gave it to the constable on Monday.

WILLIAM DANVERS sworn. - I am a constable of St. Martin's parish; I received this chain from the boy, at Hickes's-Hall, last Monday.

Barclay. This is the chain that I had to my watch.

Q.Whereabouts were you knocked down? - A.Upon the very spot which the boy has described, where he found the chain, the boy shewed me the very spot.

Prisoner's defence. I was going home, I heard a cry of stop thief, and I was going to see what was the master; the watchman laid hold of me, and this gentleman said I was the man that knocked him down, the gentleman was very much intoxicated.

GUILTY Death . (Aged 20.)

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

Reference Number: t17971206-27

29. JOHN O'BRIEN was indicted for stealing, on the 18th of November , a thousand iron nails, value 2s. the property of Charles Walker , and William Beck , the elder.

CHARLES WALKER sworn. - I live upon Fish-street-hill , I am an ironmonger , in partnership with William Beck, the elder, I have no other partner: The prisoner was our porter ; in the beginning of November I had some suspicion of him; I know nothing of the robbery myself.

WILLIAM BECK sworn. - I saw the property taken by the prisoner on the 18th of November, the nails were in the cellar under the warehouse; at near three o'clock in the afternoon, I was secreted there to watch him, I saw him come down and take a thousand nails; they are kept, some in bags, and some in papers, upon shelves in the cellar; he took them from the shelf, they were threepenny fine clasp, he put them into the waistband of his breeches, then he went up stairs; I met James Crosley on the stairs, I did not follow him till I supposed he was gone, I told Crosley that he had taken something; the prisoner was called back upon suspicion of being a thief; I then desired him to produce the nails that I saw him secrete; he produced them, and said, he had taken them because his wife desired him to bring some to mend the coalhole; a constable was then sent for, who took charge of the prisoner, and the nails, and he was taken to the Poultry-compter.

Cross-examined by Mr. Knapp. Q. Are you a partner in this house? - A. I am not.

Q. He said his wife had desired him to bring these nails to mend the coal-hole? - A. Yes.

Q.What is the worth of them? - A. They are valued at two shillings.

Q. These nails were some in papers, and some in bags, and some loose? - A. I do not think there were any loose; they are kept in different ways; it is at the option of the persons who look after them.

Q. But some persons may not be so careful of property as others; there might be some loose you know? - A.There might.

Q. How many persons do you employ in your business? - A. A shopman, two porters, and an apprentice.

Q. They do not live in your house? - A. The porters do not, nor the shopman.

Q. I do not mean to say it is a proper thing, but if the porter wanted a few nails to knock up a coalhole you would not think it a very bad thing? - A. We should expect to be asked for them.

Q. Did it never happen? - A.Not to my knowledge.

JAMES CROSTEY sworn. - I am shopman to Messrs. Walker and Beck: On the 18th of No

vember, I ordered the prisoner to go on an errand to Cow-cross; previous to his going, he lit a candle and went into the cellar; he came up again and went to the door; Mr. Beck, junior, said, he had taken something; he was ordered to come back, and Mr. Walker told him he had robbed him, and desired him to produce the nails that he had in his small clothes, which he did, (The constable produced the nails); this is the parcel that he produced to me out of his small clothes; we had the prisoner from Dawes and Ghrimes, cabinet-makers, at Clerkenwell.

Court. Q. How has he behaved since he has been with you? - A. He was sometimes a little in liquor, and neglected his business.

Mr. Knapp. Q.Notwithstanding he was a little in liquor sometimes, and neglected his duty, he lived with you a twelvemonth? - A. He did.

The prisoner called four witnesses, who gave him a good character. GUILTY (Aged 27.)

Confined three months in Newgate , and fined 1s.

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

Reference Number: t17971206-28

30. EDWARD SMITH was indicted for feloniously stealing, on the 15th of November , ten ounces of tobacco, value 1s. 9d. the property of Joseph Sales , and John Pollard .

JOSEPH RICHARDSON sworn. - I am clerk to Joseph Sales, and John Pollard, tobacconists ; the prisoner was clerk to them eight years: On the 15th of November last, in consequence of an information from our horse-keeper, I watched the prisoner outside the door, at his usual hour of going to dinner, which was one o'clock; after he had cleared the threshold of the door, I took hold of him, I had information of his having tobacco in his pocket; I then brought him into the accompting-house, when he delivered into my hands tobacco to the weight of ten ounces out of his great coat pocket; a constable was then sent for, who took him before Mr. Alderman Boydel, at Guildhall, and he was committed; he did not attempt to make any kind of defence, but was very much agitated, and begged for mercy; it was manufactured shag tobacco, and had been taken out of the warehouse.

Cross-examined by Mr. Knapp. Q. How many partners are there in your house? - A. Only Joseph Sales and John Pollard .

Q. This shag tobacco is the common tobacco? - A. No, it is not; it is fine tobacco.

Q. He has lived with you eight years, and has a wife, and a large family? - A. Yes.

Q. Is it not usual for persons in your warehouse to hang up their great coats? - A. Yes; the prisoner had done so, by the evidence of our horse-keeper.

Q. What is the value of this tobacco? - A.One-and-twenty pence.

Q. Are there any allowance of tobacco made to your men? - A. Yes, to prevent their stealing, every Saturday night, to each man a quarter of a pound; but of a different sort to what he had.

Court. Q.What day was this? - A. On a Wednesday.

Mr. Knapp. Q. You searched his house? - A. Yes.

Q. And there was no tobacco of any sort found? - A.None at all.

JOSEPH PAYNE sworn. - A. I am horse-keeper to Messrs. Sales and Pollard: I saw the prisoner take this tobacco out of a sieve, and put it into his pocket, on Wednesday the 15th of November; I gave information of it.

Q.Had you given information before? - A. Yes; on Saturday the 11th.

Cross-examined by Mr. Knapp. Q.What time of the day was this? - A.Between twelve and one; I was up in my hay-lost, about thirty yards from where I saw the prisoner.

Q. Is the hay-lost higher than the warehouse? - A. No; it is under the same roof.

Q. Have you been alway upon good terms with the prisoner? - A. I never had any words with him at all.

Q. You never had any dispute? - A. No.

Q. Nor no blows, perhaps? - A. Never any.

Q. Were you upon friendly terms with him? - A. I never was otherways; it was my business to discharge my duty to my master.

Q. You have given information, I suppose, of other servants before? - A. No, I have not.

Q. You never had any occasion to make any remark about them? - A. No.

Q. Mayhap you may have the luck of being made porter now? - A. I do not know that.

Q. You hope you shall? - A. No; I have no hopes about it.

Q. You would refuse it if your master was to give you the appointment? - A. I have a very good place, and that is a place I have never been used to.

ANDREW TEDDYMAN sworn. - I am a constable of Aldersgate Ward, (produces the tobacco); I received this of Mr. Pollard.

Mr. Knapp. (To Richardson.) Q. You do not mean to swear to this tobacco? - A. No.

Court. Q. Was there any tobacco in that sieve that belonged to any body else? - A. No.

The prisoner left his defence to his Counsel.

Richardson. It is needless to call any witnesses to his character, I will give him the best of characters; he has been entrusted by us to a very large amount.

GUILTY (Aged 30.)

Confined one month in Newgate , and fined 1s.

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

Reference Number: t17971206-29

31. ISAAC ABRAHAM was indicted for feloniously stealing, on the 29th of October , a pewter quart pot, value 1s. 6d. three pewter pint pots, value 3s. and a table knife, value 2d. the property of James Henshaw .

JAMES ANDREWS sworn. - I am a turner, in Slaughter-street, Bethnal-green: I saw the prisoner take a pint pot, on the 28th of October, about half an hour past eleven o'clock at night: I was in a box at the Crown and Magpye, Mr. Henshaw's, in Skinnet-street , sitting next to him, on his left hand, I was not in his company; he took a pint pot up with some beer in it, and was going to put the beer into his own pot, his wife was with him, and she refused him; he returned the pot back again, and sat it down upon the table, the beer belonged to a young fellow that had left the seat; he then poured it into his own pot, and turned the pot topsey torry, and set it next to his own pot; he let it stand so for the space of half a minute or so, he then put it behind him upon the bench, bottom upwards, and let it remain two or three minutes; I looked over the bench, and he turned upon his right side, as if he was putting the pot into his pocket: I did not see him put it into his pocket, but missed it immediately after; he then began talking to me about one thing and another; after he had sat a considerable time, I went out to the door, and before I had been to the door any space of time, he came after me, and went out; I acquainted Mr. Henshaw with it, and the pot was not in the house when I came in again; Mr. Henshaw went after him, but could not find him; we had not come back long before the prisoner came in again, and sat himself in the same box, but not in the same place; I then had a pint of beer, which I emptied into a quart pot, and set the pint pot down upon the table; the prisoner laid hold of the pint pot, and turned it bottom upwards, and set it close to the candlestick, and there it stood for a little space; another pint was brought likewise, by a friend of mine that I was drinking with before, and that was emptied into a quart pot, and the pint pot set upon the table; the prisoner took the pint pot that he had turned bottom upwards, and clapped it behind him, or put it in his pocket, I am not able to say which; I then went out and acquainted Mr. Henshaw that he had took the other pint pot; upon which he said, very well, he should detect him; the prisoner then went out, and Mr. Henshaw detected him; I remained in the taproom, his wife was close to him both times, she staid in the box when he went out the first time; I did not perceive him to be in liquor when he took the first pot, but he did appear to be in liquor when he took the second, he left the other upon the table; I had seen him in the house several times.

Cross-examined by Mr. Alley. Q.You say you did not perceive he was drunk the first time? - A. No.

Q.But he was the second time; now do you mean to say that he had been out long enough to have got drunk? - A. No.

Q.How long have you been in the habit of frequenting this public-house? - A.Some time.

Q. Did you know a person of the name of Mackley? - A. Yes.

Q.He had a sudden death, had not be? - A. Yes.

Q. He was hanged, was not he, for the murder of Mr. Fryer? - A. Yes.

Q. You knew Clinch, did not you? - A. No.

Q. Was it possible for him to have taken this pot without your seeing him? - A.It might be possible.

Q. It was just possible, if you shut your eyes, I suppose? - A. Yes.

Q. Not if you did not shut your eyes? - A. No. he could not.

Q.Then as soon as the men came in the second time, you poured your pint into the quart pot? - A. Yes.

Q.What might that be for? - A.Because I had some other liquor in it, and did not choose to drink out of two different pots.

Q. Had not you, or some of your comrades, been playing tricks with that man, pulling his coat, and telling him he must give you some beer? - A. No.

Q.Did you not tell him, if he did not give you something, you would play a trick upon him? - A. No.

Q.Upon your oath, did not one of your company put the pot in his pocket? - A.No.

Q.Had not you a quarrel with him? - A. No.

Q. How late did you stay that night? - A.Till near two o'clock in the morning.

Q. Are you in work now? - A. Yes.

Q. And have you a wife and family? - A. I have a wife.

Q.And you idle your time in this public-house, and were acquainted with Mackley, who was hanged - you may stand down, Sir.

JAMES HENSHAW sworn. - I keep a public-house in Skinner-street; me last witness told me the prisoner had taken a pint pot; I went after him but could not find him; a little while afterwards the last witness informed me he had taken another pint pot.

Court. Q. Did you see the prisoner return? - A. Yes, I did; I immediately got up, and the prisoner was going out, he wished me a good night; I told him I believed he had got something belonging to me, and I stopped him, and took him into the parlour, I sent for the watchman, and the watchman said he could not search him; Sapwell, the officer, then came, and searched him, he found a pint pot in his pocket, and the key of his room, which is in Lamballey, in Bishopsgate-street.

- SAPWELL sworn. (Produces the pots). - I am a constable: On the 29th of last month, about half past one in the morning, I was sent for to Mr. Henshaw's, in Skinner-street, Bishopsgate-street; he gave me charge of the prisoner at the bar, I searched him, and found in his pocket a pint pot, which Mr. Henshaw said was his; I then found the key of his room in his pocket; the servant of Mr. Henshaw, and his son, went with me and shewed me the room in a court, in Lamb-alley, Bishopsgate-street; I went into the room, and found, upon the left-hand going in, in a cupboard, one quart, and two pint pots, and a knife in a table drawer.

Q.How far is this court from the house of Mr. Henshaw? - A. Two hundred yards, I suppose, or a little further, I cannot say.

Cross-examined by Mr. Alley. Q. You know nothing of these lodgings, but what you heard from other people? - A. No.

Q. It is a very common thing, when you have beer home to your own house, that the pots are left and called for the next day? - A. Yes.

JOSEPH DAVIS sworn. - I am an officer of the night: I went to the house of Mr. Henshaw, and the prisoner was brought to the watch-house.

Henshow. This is the pot that was found in his pocket; I am sure it is mine, it has my mark upon it; the others are all mine.

Mr. Alley. Q. That man was a customer of of your's? - A. Yes; but I never sent a pint of porter to him in my life.

Q. Do you mean to swear you know every pot that goes out of your house? - A. Yes; we never collect our pots but once a week, on a Friday.

Q. And you serve a great many customers? - A. Yes; I served this pint pot that night in the tap-room, I am sure, I served it myself, but I cannot tell to whom; I had lost twenty pint pots in the course of that week.

Court. Q. Do you know any thing of the prisoner? - A. Yes; he is a Jew, he sells lemons, I have bought a great many of him; he was the last man I should have suspected, I gave him the name of honesty.

Prisoner's defence. I was so drunk I could not stand upon my legs; I do not know how the pot came into my pocket.

GUILTY (Aged 66.)

Of stealing to the value of 8d.

confined three months in Newgate , and fined 1s.

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

Reference Number: t17971206-30

32. JAMES BRADLEY was indicted for that he, on the 11th of October , in and upon Joseph Brown , in the King's highway, did make an assault, putting him in seat, and taking from his person six guineas, six half guineas, and sixteen shillings, the property of the said Joseph .(The case was opened by Mr. Knapp)

JOSEPH BROWN sworn. - Examined by Mr. Knapp. I am a grocer and cheesemonger , at Hounslow; a shopkeeper.

Q. Look at the prisoner? - A. That is James Bradley, he is a taylor , and has lived at Hounslow pretty near five years. My wife and I were returning in a single-horse chaise from Windsor to Hounslow; when we had got near the eleven mile-stone upon Hounslow-heath , I cannot say whether it was ten minutes before six or after, it was not very dark, I could see, I dare say, a quarter of a mile upon the Heath.

Q. Was the day closed? - A. No, it was not, it was rather dusk; I passed two men together, one a great deal taller than the other; and a few yards further, a third man; they were on foot at that time; I did not see the fourth, which I say was Bradley, but instantly as we had passed them, they must have returned upon us, for somebody came up immediately and laid hold of the horse, they all came by the side of the chaise; I was going to drive on, when one of them stepped his foot upon the chaise-step; as he got up to me, another immediately got up on Mrs. Brown's side; a third got across the shafts, behind the horse, and presented a pistol, while the fourth was at the horse's head; the one on my side had no pistol; the man on the other side was presenting a pistol at Mrs. Brown's breast all the time; the man on my side unbuttoned my coat, and felt on both sides, and in my inside pockets, for my pocket-book, and my watch; he demanded my money, and felt my small clothes, he felt that there was money and notes in my left hand breeches-pocket; the cash was, six guineas, I think, and six half-guineas, two two pound notes, and a one pound note; then he felt that there was something more in my right hand pocket, he demanded that, which was silver, and I gave it him all; the other on the other side, demanded the money of Mrs. Brown; the man on the shafts only held the pistol while the others robbed us; Mrs. Brown gave them all the silver she had, and they demanded her cloak, "your cloak,"Ma'am;" I said, my brave fellows, do not treat us ill, I will give you all the money that I have; we gave them all, and they did not take the cloak; then they got down, and told us we might go on, and they would not hurt us.

Q. How were they dressed? - A. They appeared to have all great coats and crapes.

Q.What hats had they? - A.They had all flapped hats.

Q. Which was the one that you thought was Bradley? - A. The fourth man.

Q. Have you any doubt that it was Bradley? -

A. I have not, nor never had, from the moment I was robbed.

Q. Your wife was ill in consequence of it afterwards? - A. Yes.

Q.Bradley was bailed, and now comes surrendering to take his trial? - A. Yes.

Q. You say, you have not a doubt, as to Bradley being the person? - A. I have not a doubt.

Cross-examined by Mr. Raine. Q. The persons that robbed you had crapes? - A. Yes.

Q.Therefore you could not see their faces? - A. I saw the face of him that looked at me, when he took the money.

Q. So as to distinguish the features? - A. I really thought it was Bradley, from the features, for it was double over his nose, and single below.

Q. Have not you said before, upon your oath, that the only means you had of knowing him, was, by his voice? - A. No; I knew him personally, as well as any man in England.

Q. Have you not said so before upon oath, in your examination at Bow-street? - A. I do not think I did.

Q. Will you swear that you did not say that at Bow-street? - A. I do not recollect that I said any such words.

Q. You will not swear you did not? - A. No.

Q. This much, however, you will insist upon, that there was a crape over the whole face? - A. There was.

Q. Will you, at that hour of the night, undertake to swear, with a crape over his face, that you could distinguish the features of any man? - A. Not particularly.

Q. My question is, at that late hour of the night, with a crape over the face, could you, by that light, distinguish the features of a man through that crape? - A.Certainly, I might distinguish him from another man, knowing the stature and features of the man, it is possible to see features.

Q. You may see flesh, but not features; where was the crape double? - A. Over his forehead.

Q. Yet, through the double crape, you could see his features? - A. I know him as well as I do any man in England.

Q. Upon your oath, did you prosecute that young man till you were served with a copy of a writ, and an action for slander? - A. No, I did not.

Q. I believe, three days after you had been served with a copy of a writ, you instituted this prosecution? - A. I do not know to a day; for I did not think any thing about the writ.

Q. In consequence of the robbery, it was circulated throughout Hounslow town, that Bradley was the man - did he not wait upon you, and proffer to satisfy you by reference to witnesses, that it was impossible he could be the man? - A. He said, he could bring witnesses.

Q. Upon your oath, did he not refer you to the persons? - A. I told him I was confident he was the man, and should say so to the latest day I had to live.

Q.Did he not refer you to those witnesses? - A. He said, he could prove he was not the man.

Q. Did he say who they were? - A. I do not know that he did.

Court. Q. Indeed you are exposing yourself most miserably-did he say by whom he could prove that he was not the man? - A. I cannot tell that he mentioned any name.

Q. Do you mean to say that upon your oath? - A. I do not recollect that he did tell me any names; he said, he was at Cranford-bridge, and that he could bring witnesses; he said, he was drinking with some post-boys, or horse-keepers, or something of that sort, I don't recollect who.

Court. Q. Did he mention any names? - A. To the best of my recollection he did not.

Court. Q. But, surely, after the man told you, you having been robbed, that he would produce witnesses, and mentioned their names, one would have thought you would be very glad to have had it cleared, I think I should not have forgot it? - A. I do not think he did mention any names.

Q. Will you venture to swear that he did not mention any? - A. He did not.

Mr. Raine. Q. As he did not refer you to any name, how came you to go to Hawkins the coachman? - A. He did not tell me about Hawkins to my recollection, but I spoke about the robbery the instant I came home.

Q. Upon your oath, did he not tell you of the man that had driven him from Hounslow to Cranford-bridge that night? -(Hesitates.)

Court. Q. Now be cool, and give a direct answer, did he mention Hawkins to you? - A. I do not know that he did at all.

Court. Q. Upon your oath, will you say he did not? - A. I asked Hawkins.

Court. Q. Now do answer the question, you are disgracing yourself most miserably, it is a plain question-did he mention Hawkins or not? - A.Upon my soul, I cannot say whether he did or not, if I was to die this moment.

Q. How came you to ask Hawkins? - A. A neighbour of mine said he went down by such a coach, that same night.

Court. Q. Now tell me, after being reminded of it, how came you to ask Hawkins? - A. I cannot say, if I was to die this moment.

Court. Q.Never mind dying at present, that may be a very serious question by and by, upon your oath, did he mention Hawkins? - A. I cannot say.

Q. Do not you believe he did? - A. He might, probably.

Court. Q. Why might he probably mention Hawkins? - A. I suppose he might mention Hawkins.

Court. Q. Do not you believe he did? - A. I really cannot say; I would not say it for all the world; I cannot say it.

Q. Do you believe he did? - A. I cannot answer you whether he did or not.

Court. Q. Do you mean to say, you have no belief upon the subject? - A. I would believe right things, but I cannot say what I do not know.

Q. You said, just now, it seemed probable, do you believe that he did mention it? - A. As I said before, if I was to drop down dead, I cannot tell.

Q. Give me an answer, one way or the other, do you or not, believe that he mentioned Hawkins's name, and refered you to him? - A. No, he did not; I do not think he did.

Q. Do you mean to say you are sure he did not? - A. I cannot be sure.

Court. I think the Jury will hardly depend on a man who gives such evidence as this; for the sake of the prisoner, you may go on.

Mr. Raine. I thank your Lordship. - Q. Was George Such, Bush's ostler, at Hounslow, present when that young man made this application to you? - A. He was.

Q. As you do not recollect Hawkin's name, do you recollect Goddard's name, of Cranford-bridge? - A. I asked Mr. Goddard.

Court. For shame, is that an answer.

Mr. Raine. Q. Upon your oath, did he not at that time mention Goddard, of Cranford-bridge, to you? - A. He said he was there at Cranford-bridge.

Court. Q. I thought you mentioned just now that he mentioned no names? - A. He said he was at Cranford-bridge.

Court. Oh fie.

Mr. Raine. Q. Did you not make enquiries in consequence of the reference of this young man? - A. I did ask Mr. Goddard about it.

Q. Now I ask you again distinctly-In consequence of the reference made you by this young man, did you not make enquiry of Hawkins and Goddard, and the servants, at Cranford-bridge? - A. I did not ask any of the servants.

Q. It was about the eleven mile-stone that this transaction took place? - A. Yes.

Q. That is about a mile and a half from Cranford-bridge? - A. About a mile and a quarter, I cannot say to a mile and a half or a mile and a quarter.

Q. Do you not know it to be more than a mile and a quarter? - A. I have not measured it.

Re examined by the Court. Q. You asked Goddard and Hawkins? - A. Yes.

Q. How came you to ask them? - A.Because I had heard that he had been there.

Q. Did you apply to them in consequence of the prisoner having mentioned their names? - A. I cannot say whether he mentioned Hawkins or Goddard.

Q. Did he mention either of them? - A. He said he went to Cranford-bridge.

Q. Upon your oath, did he mention neither? - A. I believe he did mention Goddard or Mr. Goddard, or Cranford-bridge.

Q. Did he mention Goddard? - A. I cannot say whether he did or not; I believe he did mention Goddard.

Q. Then why did you tell me he mentioned no names? - A. I cannot say particularly whether he said he was at Mr. Goddard's, or at Cranford-bridge.

Mrs. BROWN sworn. - Examined by Mr. Knapp. Q. You were coming from Windsor to Hounslow, do you know any thing of the persons who attacked you? - A. I cannot say I should.

Mr. Knapp. Under this evidence I certainly do feel it too much to call upon a Jury, when a man's life is at stake; from the beginning I have had my doubts whether it was such a case as was fit to be supported.

Court. The prosecutor has acted very abominably, and I could say something further, but I will not; the character of this young man will certainly stand as fair as ever it has done at any one period of time.

NOT GUILTY .

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

Reference Number: t17971206-31

33. WILLIAM LANSDOWNE was indicted for feloniously stealing, on the 4th of December , 3lbs weight of cheese, value 1s. 6d. the property of John Fitzgerald .

CATHERINE FITZGERALD sworn. - I am the wife of John Fitzgerald, I live at No. 4, Drury-lane : I was sitting in the parlour behind the shop, between nine and ten o'clock last Monday night, I was looking into the shop, and saw a man put in his hand, and take away some cheese, which weighed three pounds three quarters; that is the man at the bar, I know his face again perfectly well; I sell fruit, and the sash rises up; I ran after him, and called watch, and stop thief, and he was taken; I never lost sight of him till he was taken; the cheese is here. (It is produced).

RICHARD BOWYER sworn. - I am a journeyman hatter; I heard an alarm of stop thief, and I pursued and took the prisoner at the bar, he had nothing upon him when I took him; but I saw him drop the cheese about a dozen yards before I took him; Mrs. Fitzgerald picked it up.

LAWRENCE M'CARTY sworn. - I am a watch

man; I heard the alarm of stop thief; I followed the prisoner, and sprung my rattle; I overtook him and stopped him, along with the last witness; I saw him throw something away, I did not know what it was; I knocked him down into the hands of the last witness, and we took him to the watch-house:

Prisoner's defence. I was going home to bed, and that gentleman came up and knocked me down, what it was for I did not know; I know nothing about the cheese.

GUILTY of stealing to the value of 10d.

Publicly whipped and discharged.

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

Reference Number: t17971206-32

34. THOMAS TALBOT was indicted for feloniously stealing, on the 2d of December , 123 lbs of iron, value 12s. the property of William Bown and James Clarkson .

JAMES CLARKSON sworn. - I am in partnership with William Bown . Last Saturday night, between six and seven o'clock, I lost some iron from our Foundry, in Ray-street, Clerkenwell ; the prisoner had been a servant of our's; he had received his wages about twenty minutes before he got this iron; I expected him to have come again, on Monday morning, as usual; I knew nothing of the robbery; when I was sent for, I asked him what he meant to do with it; he said, he did not know; I asked him what induced him to take the iron; and he said, he believed the Devil possessed him.

Q. Who did that iron belong to? - A. It must belong to us, it was upon our premises; it was some old and some new; it is in Court.

JAMES KING sworn. - I am servant to Messrs. Bown and Clarkson; About seven o'clock last Saturday night, I went into my master's workshop to get a bit of candle; and when I opened the door, I saw the prisoner stooping down, with some iron tied up in his apron; I said, holloa, what are you doing; I asked him what he was doing, several times, and he made me no answer; then he stood up, and said, I do not know, James; there was nobody else in the shop, the men were all gone; after that, he begged and prayed I would let him go, and hoped I would take no notice of him; I told him, I could not let him go, I would send for the foreman, Mr. Franklin, which I did; when he came, I told him of it, and the prisoner threw it down, it was some old and some new; the foreman picked it up.

THOMAS FRANKLIN sworn. - I am foreman to Messrs. Bown and Clarkson: I was sent for; I went into the shop, and saw the iron lying down at the entrance of the shop, near the scales; the prisoner was close by it; James King told me what had happened, and the prisoner did not deny any thing that was alledged against him. The iron is here. (It is produced).

Court. Q. Is any body here that can swear to any particular part of it? - A. No.

The prisoner did not say any thing in his defence.

NOT GUILTY .

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

Reference Number: t17971206-33

35. JOHN HARRIS was indicted for feloniously stealing, on the 28th of October , a quart pewter pot, value 2s. and a pint pewter pot, value 6d. the property of Joseph Woodward .

JOSEPH WOODWARD sworn. - I am a publican , in James-street, Covent-garden : I lost two pots, on the 28th of October, a quart and a pint, I was not at home at the time; the prisoner frequented my house; I have known him upwards of two years, by frequenting my house.

JOHN HEARNE sworn. - I was coming in at my master's door, Mr. Woodward's, and I saw the prisoner holding his pockets back, I asked him what he had got in his pockets; he said, he had not got any thing; I put my hand into his right hand pocket, and took out a quart pot, that has my master's cypher upon it; he had a pint pot in his left hand pocket, and that he threw out, it had the name at full length in the front of the pot, I picked it up, and he strove to make his escape; he ran out of the passage to the door, and I held him till a gentleman came to my assistance, and then I took him to the watch-house; he was taken before a Magistrate on Monday morning, and committed.

BENJAMIN RAVEN sworn. - I am a patrole belonging to Bow-street; I took the prisoner before the Magistrate; I searched him, but found nothing upon him.

Prisoner's defence. I had been asleep in the house, and had been drinking all the evening; there were several women of the town in the tap-room; I don't know how the pots came in my pocket; Mr. Woodward has known me three years, and has taken many pounds of my money.

Woodward. I had no suspicion of him before this, I have learned since he was taken up, that he was a lawyer.

GUILTY (Aged 28).

Confined two weeks in Newgate , and fined 1s.

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

Reference Number: t17971206-34

30. ELIZABETH FAYLER was indicted for feloniously stealing, on the 13th of November , two quarter pewter pots, value 2s. the property of Joseph Woodward .

JOSEPH WOODWARD sworn. - I am a publican

in James's-street, Covent Garden : I have lost a great number of pots; I know nothing of this transaction.

THOMAS DYER sworn. - I was sent for from Bow-street, to Mr. Woodward's house, on Monday the 13th of November; she was sitting in the tap-room; Mr. Hearne suspected her of stealing pots; I felt her right hand pocket, and took a quart pot out of her right hand pocket. (Produces it.)

JOHN HEARNE sworn. - I am nephew to Mr. Woodward; I came past the prisoner, she was sitting on the bench, she had a pennyworth of two-penny; I saw her pockets stick out, I asked her what she had got there, and she immediately threw a quart pot out, which I caught in my hand, and sent for an officer, this is the quart pot. (Produces it.)

Prisoner's defence. I was to meet a young woman at this gentleman's house; I had a bundle, I was very much in liquor; I put the bundle under me, and he asked me what I had got; how the pots came there, I don't know, I never was in trouble before in my life.

GUILTY (Aged 43.)

confined two weeks in Newgate , and fined 1s.

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

Reference Number: t17971206-35

37. PETER CATAPODI , otherwise PETER BROWN , and SARAH BEST , otherwise BROWN, otherwise CATAPODI , were indicted for feloniously stealing, on the 7th of November , a cotton counterpane, value 5s. the property of John Finch , in a lodging-room let by contract by him to the said Sarah .(The case was opened by Mr. Knowlys.)

JOHN FINCH sworn. - I live at No. 8, St. James's-buildings, Rosomon's-street, Clerkenwell : The woman at the bar took the lodging of me, by the name of Brown; she applied to me for that purpose on the 3d and 4th of October; the first time she came, there was a young woman with her, and an infant that she had in her arms; I agreed with her for the lodging, she represented herself to be a married woman; on the 5th of October, the two prisoners came together, and occupied the lodging, and continued till the 15th of November, when they were taken up by the officers of Bow-street; they were to find their own bed linen, I was to furnish the blankets and the quilt; he went by the name of Brown, I did not know he had any other name.

Q.Did he remain in the lodging with her all this time? - A. Yes; I never knew him sleep out of the house, not be out of the house after ten o'clock; I did not miss any thing till the officers of Bow-street gave me information, and then I missed a cotton counterpane off the bed, worth about eleven shillings, or thereabouts.

Cross-examined by Mr. Alley. Q. It was the woman prisoner that you let the lodging to? - A. Yes.

Q. I believe you know that the man prisoner is not married to her? - A. I thought they were man and wife at that time; but from what I can find since they are not.

Q. The man prisoner did not come in till two days after the agreement with her? - A. She agreed on the 4th, and came in on the 5th.

Q. Was it the quilt that was upon the bed at the time they hired the lodging, that was stolen? - A. No.

Q. After that, what became of the quilt upon the bed? - A. It had got dirty, was put out to be washed, and a clean one put on.

Q. How long was this after the lodging was let? - A. I cannot say positively.

Q. Which was the best quilt; was the quilt you lent last such as you generally let with your lodgings? - A. The first quilt was; and this I put on occasionally, while the other is washed.

Q. The quilt you lent them was too good to let with the lodgings? - A. No it was not, because the other was better than that; when the first gets dirty we put on the other.

Q. Are you a house-keeper? - A. Yes.

Q. Have you seen the quilt since? - A. Not till I saw it at Bow-street.

EDWARD FUGION sworn. - Examined by Mr. Knowlys. I am one of the officers of Bow-street: I have known the prisoner about a year or two, by the name of Catapodi; in consequence of an information, I went to the Peacock, in Maiden-lane, on Wednesday the 15th of November, to apprehend him; I found the prisoner, and a young man, sitting in a back parlour; I went in, and said to the prisoner, what are you doing of here; he said, nothing; I told him I must search him; in searching him I found nothing; but, upon a paper lying upon the table, there was a check upon the cashiers of the Bank, filling up, for five pounds, it was all filled up but signing; I brought him, and the young man, to the office; I went to search his lodging, at the house of Finch, the last witness, I met the woman at the bar, Mrs. Brown, by the way; I asked her where she lived; and she took me to this lodging at Finch's house; under the bed, I found a plate for drafts upon Down, Thornton, and Free, I found it concealed behind some papers; I searched further, and found some more checks, not filled up, upon Down, Thornton, and Company; I observed there was no quilt upon the bed; I asked Mrs. Brown what had become of it; she said, that Mr. Brown had taken it to be washed;

I told her I must take her into custody, and she must go with me to Bow-street; I acquainted the prosecutor of the quilt being missing, and took her to Bow-street.

Cross-examined by Mr. Alley. Q. You have known that unfortunate young man a great while? - A. No great while.

Q. You know that he has a wife living? - A. I have heard it.

JOHN TOWNSEND sworn. - Examined by Mr. Knowlys. I have known Catapodi twelve years, I have always known him by that name; I understood he was married, he used to speak of his wife when he was applying to the Solicitor of the Bank, when I had him in custody before.

Q. Is that his wife? - A. No; that is the wife of a poor man that has been executed, Colin Reculist .

Mr. Alley. Q. She is not the prisoner's wife? - A. No.

JOHN STEVENSON sworn-I am servant to Mr. Lowe, the pawnbroker, in Clerkenwell, (produces the counterpane); I received it from the woman prisoner at the bar, on the 7th of November.

Finch. This is my counterpane.

Mr. Alley. Have you any mark upon it? - A. No; there is a mark of a hit of wax of my own trade, I am a shoemaker, a bit of wax that got upon it when it laid upon the bed where I worked; there is the mark of the wax upon it now.

Mr. Knowlys. Q. How many years have you had it? - A. About four years.

Catapodi, NOT GUILTY .

Best, GUILTY .

Transported for seven years .

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

Reference Number: t17971206-36

38. WILLIAM NIXON was indicted for feloniously receiving, on the 29th of July , three pieces of muslin, containing thirty yards, value 3l. 3s. part of goods of which Thomas Smith, otherwise Gipsey Tom, was convicted of stealing, the property of John Jackson , James Jackson , and Robert Potts , knowing them to have been stolen .(The case was opened by Mr. Knowlys.

Mr. STAFFORD sworn. - I am clerk to Mr. Knapp, clerk of the Assize upon the Home Circuit, (produces a copy of the record of the conviction of Thomas Smith, otherwise Gipsey Tom); it is a true copy, I examined it both ways; he was convicted of stealing goods, at the last Lent Assizes for Hertford. (It is read).

JOHN MACAULAY sworn-Examined by Mr. Knapp. I am a manufacturer, at Glasgow: I packed one hundred and thirty-six pieces of muslin, to send by the Glasgow waggon to London; the box was marked W W No. 4, London; I delivered the box to the porter of the waggon; it was directed W & W London, No. 4.

JOSEPH GREEN sworn. - Examined by Mr. Knowlys. I am the driver of Messrs. Jackson's waggon, I drove the waggon from Fairburn in Yorkshire.

Q.Has your waggon any connections with the Glasgow and Newcastle waggons? - A. Yes.

Q. At Fairburn do you recollect a box marked W W. No. 4, London? - A. Yes, perfectly well; I received the waggon on the 22d of July, I arrived at Hatfield Wood-side on the 28th, between two and three in the afternoon, the waggon rests there; I left Hatfield Wood-side exactly at eleven o'clock at night, all was right then, the same as I had taken possession of it; about three o'clock in the morning, when it began to be break of day, coming down Barnet-hill, I perceived a hollow at the front of the waggon, I came round to the tail of the waggon, there was nothing the matter there at all; I missed the box immediately from the front of the waggon, the off side; as soon as I missed it, I went back; I afterwards found the box in an oat field, about three or four hundred yards from the inn, at Hatfield Wood-side.

Q. What county is Hatfield Wood-side in? - A. In the county of Hertford.

Q. How far short of London? - A.Nineteen miles. (The box produced in Court).

Q. Do you change loading any where? - A. Yes; we change waggons at Barlington, sixty miles before I drove it.

Q. Is that the box that you had in your waggon? - A. It is the same box.

JOHN JOBLIN sworn. - Examined by Mr. Knapp.

Q. You are the agent in London? - A. Yes; the Glasgow and Newcastle waggon inns at our inn, the White-horse, Cripplegate; John Jackson, James Jackson, and Robert Potts, are the partners in the house.

Q. Had you any intelligence of any boxes to arrive at your inn? - A. Yes.

Q.According to the bill of lading, did all the goods arrive? - A.They did not; they were all right, according to my invoice, except a box, marked W & W London, No. 4.

Q. Have Messrs. Jackson and Potts paid the loss? - A.They have; I have paid it for them.

Mr. Const. Q.Are there any other partners in the house? - A. No.

THOMAS CARPMEAL sworn-Examined by Mr. Knowlys. I am one of the officers of Bow-street: I have known the prisoner, Nixon, thirty years.

Q. Did you know a man of the nick name of Gipsey Tom, who was convicted at Hertford? - A. Yes, Thomas Smith ; I had known him twenty years.

Q. Do you know Taylor and Finch? - A. I know Taylor.

Q. Do you know from Nixon, whether, before this transaction, he was acquainted with Smith, or Taylor? - A. Yes.

Q. Do you know how long he had been acquainted with them? - A. No.

Q. Do you know whether he had been acquainted with them any time? - A. Yes.

Q. What were Smith and Taylor? - A. I have had them in custody several times for thieving. In consequence of some information that I received, I went to Nixon's house, on Sunday, the 7th of August, 1796, upon a charge of another robbery; he keeps the Swan and Pike, at Enfield Lock, in the county of Middlesex; I found there these three pieces of muslin under the bed, between the bed and bed-tick; I asked him how he came by them; at that time he did not tell, for they were under the maid servant's bed; we searched the house for other things, and we brought him and a man of the name of Akenhead, who was tried at Chelmsford, upon the charge I went down upon, and executed; Nixon gave evidence against him; they were brought up to Bow-street, and on Monday, he was examined; I do not recollect that any thing passed in the way to Bow-street.

Q. Were you present when Mrs. Gibbons was taken into custody? - A. I was at Peterborough at that time; I went down there by the direction of Nixon, where Smith and Taylor were gone to.

Mr. Const. Q. This direction was a part of the examination? - A. I believe it was at the beginning of it.

Mr. Const. He did not say a word till he was admitted an evidence? - A. I cannot say.

Mr. Const. Q. Was he not in the act of giving information? - A. Yes.

Mr. Knowlys. Q. In consequence of what passed, did you find Gipsey Tom? - A. I did, at the Fighting Cocks, at Peterborough, on the 9th of August, in the morning; I found Taylor also, but he made his escape; when Fugion and I took Gipsey Tom, he searched him; Fugion and I went together; in his pocket was the key of a room door; I searched a room in which he had slept, and there I found forty-five pieces of muslin, in a pair of saddle-bags; we brought Gipsey Tom to town, and he was tried at Hertford.

Q. Have you had any conversation with Nixon, since he gave his information at Bow-street, respecting this robbery? - A. Yes, frequently; he said, that Smith, Taylor and Finch brought the whole of the muslins there, I forget the exact number that he said; it was one hundred and something; he said, he had brought them to his house, at Enfield-Lock, and that it was a very rainy morning, and that Smith sent his (Nixon's) son to Mrs. Gibbons; that she came down, and the pieces were told out to her; he said, he saw them told out; he said they were put in a sack, all but forty-five pieces, which were Gipsey Tom's, and he kept his part; Gipsey Tom said, he knew how to make as much of them as Mrs. Gibbons, for he was a pedlar, and travelled with a licence; he said, Mrs. Gibbons was gone away, and one of them said, fetch her back; she came back, and she took the sack away with what was in it, which contained Taylor and Finch's share, but not Smith's; with respect to the three pieces that I found concealed in his maid's bed, he said, one was given to him by the other two; two were to be sent to Finch's wife, or to Finch's house, I do not know which.

Cross-examined by Mr. Const. Q. You say this was private conversation between you and him? - A. Yes.

Q. When did it take place? - A. Many times; we had been at Hertford and Chelmsford, and other places, and I had given him good advice to tell the truth.

Q. For what purpose? - A. That if he did not tell the truth it would fall upon him.

Q. You know at that time he was admitted an evidence for the Crown? - A. Yes.

Q. And you know also that all this had been taken down upon oath, at Bow-street? - A. Yes; I told him so, that what he had said at Bow-street, was taken down, and sent to this Court, and if he did not stick to that, it would fall upon him.

Q. You had heard what had been taken down at Bow-street? - A. Yes; I heard the evidence read.

Q. Did not you tell him something like this, you at Bow-street, said, so and so? - A. No; I said, you know what you swore at Bow-street, if you do not stick to the truth, it may fall upon you.

Q. Understand me, and stop before you answer, we know what he swore at Bow-street; you have seen him frequently, and talked about the business, was it not in this way, you have said so and so, stick to that, or it will fall upon you? - A. I have repeatedly said so.

Q. Then did he shortly say, that is the truth? - A.Just so.

Court. Q. This conversation you talk of having had with Nixon since he was at Bow-street; have those facts that you have now related been related by him since? - A. Yes.

Mr. Const. Q. Do you mean that he has told the whole story over again to you? - A. Yes; as near as I can tell.

Q. At those times you always exhorted him in that way, at the introduction of such a conversation? - A. Yes.

Mr. Const. Q. That it would be better if he did

stick to the truth, and if he did not, it would fall upon him? - A. Yes.

Mr. Knowlys. Q. He was, at that time, not charged as a criminal, but admitted as a witness? - A. He was.

Mr. Const. Q. Gipsey Tom took his share away? - A. Yes; they were divided in three.

Q. Then these three were no part of the forty-five? - A. Not of the forty-five that were at Peterborough.

EDWARD LAVENDER sworn. - Examined by Mr. Knapp. I am clerk at Bow-street; I was present when Mr. Nixon was examined.

Q. Since the examination have you had any conversation with him relative to this? - A. I have had many conversations with him since his examination was taken, but I cannot recollect the particulars.

Q.Nixon was admitted a witness against Gipsey Tom, and was afterwards admitted an evidence against Mrs. Gibbons? - A. He certainly was.

Q. Tell me if you know that letter? - A.It is a letter I received from the prisoner, Nixon, it is a letter addressed to Nixon, from Smith. (It is read, addressed Mr. Nixon, at the Swan and Pike, Enfield, Marsh, Hertfordshire, dated Peterborough, August 1st, signed T. Smith).

"Sir,"The two boxes that I left at your house is not"come to Mr. Craven's, therefore should be obliged"to you if you will make some enquiry about them,"and send me a letter to the Fighting Cocks, at"Peterborough."I am, your's,"T. SMITH."

Cross-examined by Mr. Const. Q. I believe this man was bound over to give evidence? - A. He was committed, and afterwards admitted to bail, by Mr. Justice Lawrence.

Q.Did he enter into any recognizance before Mr. Justice Lawrence? - A. Yes.

Q. Did he not appear at Hertford, at the prosecution of Gipsey Tom? - A. Yes.

Q.Gipsey Tom, I believe, was convicted? - A. He was.

Q. Did he not, afterwards, appear in the prosecution of Akenhead, at Chelmsford? - A. He did.

Mr. Knowlys. Q.Did he not there deny the story that he had told in his original information? - A. He did not give the same evidence.

Q. Did he not appear here as a witness against Esther Gibbons , as he was bound over to do? - A. Yes.

Q. He gave information against her in his examination? - A. Yes.

Q. And did he not give evidence directly denying her guilt? - A.Directly contrary to what he had before sworn upon his examination.

Q. In consequence of which, he was committed by the Court? - A. Yes.

Mr. Const. Q. You mean to say, that he gave a different evidence at Chelmsford to what he did at Hertford? - A. Yes; he differed materially in his evidence all the three times.

Q. The difference, if I recollect, was, that he did not remember some of the particulars when Mrs. Gibbons was tried? - A. He could scarcely remember any thing.

Q. The transaction was more than two years ago? - A. A year and a half.

Mr. Knowlys. Q. Has he not told this story repeatedly, about his knowledge of the business of Smith's robbery? - A. Yes.

Q. And when he came here he forgot the whole of it? - A. He forgot the most of it.

Mr. Macaulay. These three pieces are mine, they have my private marks upon them, one of them in my own hand writing; the other two are written by a young lad that was with me at that time, of the name of Garner.

Court. Q. Do you know that these three pieces were part of the package of that box? - A. Yes, perfectly well.

Prisoner's defence. Every time that the gentlemen of Bow-street chose to examine me, they promised me that, bring forward whatever I would, I should not be hurt; I have not differed at all in the evidence that I gave; if you find in the papers any thing different, I will this moment sign my own death warrant.

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

GUILTY (Aged 43.)

Transported for fourteen years .

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

Reference Number: t17971206-37

39. JOSEPH SKINNER was indicted for feloniously stealing, on the 18th of November , 8lbs of bees' wax, value 6l. the property of William Field and George Field .

JEREMIAH THOMAS sworn-I was in my master's warehouse, Mr. Ronalds's, next door to Mr. Field's.

Q. Who did this property belong to? - A.William and George Field , merchants : I was in my master's passage about a quarter before seven in the evening of the 18th of December; I went up one pair of stairs, and saw three men come out of Mr. Field's warehouse, I cannot say whether the prisoner was one or not; two of them had bags on their shoulders; I went and told my master, and he came down to the door with me; I shewed him the man, and told him that was one of them; I sued him along the middle of the street, and

dropped the bag, and ran; I believe it to be the prisoner, but I cannot say; my master cried out, stop thief, I picked up the property; my master brought the prisoner back in about five minutes; I have had the bag ever since, (produces it); it contains bees' wax.

FRANCIS RONALDS sworn. - The last witness is my servant: Last Saturday week, the last witness said there was somebody robbing Mr. Field's warehouses; I went to the counting-house door, and saw a man with a bag upon his back, moving very quick; Thomas said, that is the man, I first saw him about twenty-five yards from Mr. Field's warehouses; as soon as I saw him, I cried, stop thief; the man immediately dropped the bag; I did not see his face, he had a blue wrapping great coat on; I cannot swear to the man; he ran along the middle of the street, and I after him, crying, stop thief; he turned up Fish-street-hill, I then lost fight of him; when he made the angle, I followed him as fast I could, and saw the same man in the middle of the street on Fish-street-hill, running as fast as he could; I then repeated the cry of stop thief; when he had nearly got opposite the Monument, he was stopped.

Q. Was the man that was stopped the same man that you saw near your own house? - A. I cannot say that, he had very much the same external appearance; the patrol stopped him, his name is Cork, and we brought him back; we searched Mr. Field's warehouses all over, to see if there was any body else concealed; we saw another bag packed in the same way as this close to the door on the inside, ready to be taken away, and at the upper end of the warehouses, two other bags packed.

JAMES CORK sworn. - I am a patrol of Bridgeward: I met a man in a blue wrapping coat, with something in his left hand, which appeared to be a crow leaning against his shoulders, and as he passed me, he said, good night; I went down and met him again, and as he passed me, he either sung or whistled, I do not know which, he had nothing with him then; he ran up the passage, and made a stop, and then I went on my duty; when I had got rather below the Monument, I heard a cry of stop thief, I saw this man running in the middle of the street, and I catched him in my arms, he had on a blue great coat, he had no property about him at that time; Mr. Ronalds came up instantly, and said that was the man; he was taken back to Mr. Field's warehouse, and from thence to the watch-house.

HENRY GIBBON sworn. - I am a fishmonger; I live facing the alley where the warehouses were broke open; I saw a man come up with a large blue coat on, light stockings and breeches; he turned to his left hand, went down the next turning stopped there a little while, and returned up the same alley that he went down; he seemed to have something upon his left arm like a piece of iron, I saw no more of him till he was taken to the watch-house.

Q. Will you swear he is the man? - A. No, I will not; I believe him to be the same man.

JOHN OWEN sworn-I am servant to William and George Field ; I know no more than we fastened the warehouse as usual, about five o'clock; a quarter before seven, as near as I can say, a man came from the top of the alley, and said, the warehouse was robbed; I went up with the keys to open the door, there were two locks open; there were two half doors, and they were split open with an iron crow or something; then we went into the warehouse, and searched, and found one bag close by the door, inside; we went up where the beeswax cask was, and there were two bags lay along side the cask, on the floor; that cask was safe when I left the warehouse, and full; as near as I can say, there was about one hundred and a half gone.

Q. Whereabouts is the weight of that bag? - A. I think it is three quarters of a hundred or more.

Q. These sacks do not belong to you? - A. No.

BENJAMIN FIGGINS sworn. - About a fortnight before the robbery, I purchased two ton weight of wax of Messrs. Field; I had an opportunity of having the range of all Messrs. Field's warehouses, I verily believe this to be the property of Messrs. Field.

Q.(To Owen.) In the course of a fortnight, had you any new wax come into your warehouse? - A. No, none since that was seen by Mr. Figgins.

Prisoner's defence. I was going upon the Quays to look for work, I was obligated to be in the barracks by nine o'clock, and as I came to the foot of London-bridge, I heard a cry of stop thief, I instantly stopped and saw a parcel of people running up Fish-street-hill; the patrol met me in the middle of the street, and said, I was his prisoner; I told him I was running after the thief; he took me into Thames-street, down an alley where I never was in my life before.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17971206-38

40. BENJAMIN WINDLE was indicted for feloniously stealing, on the 6th of November , 8s. a sixpence, and forty-eight halfpence , the property of George Field .

ANN FIELD sworn. - My husband, George Field , keeps the King's-head, Broadway, Westminster ; the prisoner came to my house for change for half-a-guinea, I gave him eight-shillings and sixpence, and two shillingsworth of copper; he went

away with the change, without leaving me the half guinea, and I never saw it.

GEORGE PRESTON sworn. - I saw Mrs. Field deliver the money to the prisoner; I did not see any half-guinea delivered to her, it was on the 6th of November.

PHILIP DENZELL sworn. - I was in the house at the same time; I went in to have a pint of beer, the prisoner came in for change for half-a-guinea; Mr.Field sent his wife to give the corporal change; Mrs. Field said, will you take half-a-crownsworth of halfpence, he said, the more halfpence the better, for it was for Major Holmes ; upon that she took him into the box, and told him down eight shillings and sixpence in silver, and two shillings in copper; he took it up directly, and went out at the door, without laying down the half-guinea; Mrs. Field asked her husband, if he had taken the half-guinea, he said, no, and she went out at the door, after him directly.

Prisoner's defence. I went into that house to get change for half-a-guinea, on the 6th of November, about twelve o'clock; Mrs. Field was not at home; I stopped about ten minutes till she came in, she said, she could give me change, if I took half-a-crownsworth of halfpence; I said, they were no object, if they were good; I said, suppose, mistress, you give me eight shillings and sixpence, and two shillingsworth of halfpence; I laid the half-guinea down, and counted my money, and I went to the orderly-room, I had just come off a marching party, with a deserter; Mr. Field came down in a great passion to the orderly-room about it, I told him, as soon as I had settled my business with the major, I would go with him, but he took me away to Queen-square Office; I never defrauded any body in my life to my knowledge.

The prisoner called his serjeant, and four other witnesses, who gave him a good character.

NOT GUILTY .

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

Reference Number: t17971206-39

41. JOHN BROWN was indicted for feloniously stealing, on the 11th of November , a silver watch, value 30s. a base-metal watch-chain, gilt with gold, value 1s. and a stone base-metal seal, set in gold, value 1s. the property of Watkin Jones .

- JONES sworn. - I am the wife of Watkin Jones , I live at No. 1, North-street, Manchester-square : On Saturday the 11th of November, about six in the evening, the prisoner came into our house, and asked me what o'clock it was; I took the watch off the chimney-piece, and told him, a quarter past six; he said, is it not too fast, I told him, perhaps it might a few minutes; he asked me then, to give him something to eat and drink, I sent him over the way to the public-house, the Bedford-arms, to order himself a pint of beer, at my expence, he went and ordered it, it was brought over to him, I gave him some bread and cheese; I got up to wait upon a customer that came in, I saw him brush quick out of the shop; as soon as the person was gone that I was waiting upon, I went to the chimney-piece, and missed the watch, I had nobody with me at the time; as soon as my husband came in, I told him, and he went out immediately in search of him, he could not hear any thing of him; he was brought to my house that same night, about ten o'clock, by a person who is here, one of the officers; I am sure he is the same person, the duplicate of the watch was found upon him by Townsend.

WILLIAM TOWNSEND sworn. - I am a pawnbroker: On the 11th of November, I took this watch in of the prisoner at the bar.

Q. Did you ask him how he came by it? - A. I asked his name, and what he asked for it, he said, his name was John Moore ; I took it in of him, and lent him fifteen shillings upon it, it was between eight and nine in the evening. (produces the watch;) the constable came to me on the Monday morning.

HENRY BATES sworn. - On the 11th of November, I was sent for to a public house, in Oxford-street; the prisoner at the bar was there, with four counterfeit half guineas, he said, he had taken them in change of a note, from Mr. Jones; I had the four half guineas put into my hand, and I asked him, if he ever lost sight of the half guineas from the time he received them of Mr. Jones, till that time, he said, no; going along to Mr. Jones's, he varied in his story, and said, there had been two of them out of his sight; I thought, as he had been with a girl of the town, she might have served him in that way; I went and took the girl to the watch-house; then I went with the prisoner to Mr. Jones's, when I knocked at the door, he made his escape into some unfinished buildings, there we were in search of him for a considerable time, and at last gave him up, and then a woman gave me information, that she had seen him in the back part of the buildings, and upon something that I said, he came out, and I took him down to the watch-house, and found this duplicate upon him. (Produces it.)

Townsend. I have the fellow duplicate to it in my pocket, I gave it to the prisoner at the bar.

Mr. Jones. This is my watch, I know it by the day of the month upon the face.

Prisoner's defence. I received the half guineas from Mrs. Jones, she gave me the watch to pawn, to get rid of the half guineas; I was a deserter, and

had been about with him, he wanted me to insist again, and I would not.

GUILTY (Aged 19.)

Transported for seven years .

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

Reference Number: t17971206-40

42. JOHN BOURNE was indicted for feloniously stealing, on the 20th of November , an iron maul hammer, with a wooden handle, value 3s. the property of John Morley , Miles Rowe , Thomas Old , and Samuel Boddington .

JEREMIAH HEDLEY sworn. - Messrs. Morley, Rowe, Old, and Boddington, are partners in shipping ; I delivered that maul to Messrs. Morley and Boddington's servant for the use of a ship that belonged to them all.

RICHARD HATTAM sworn. - I was at work in a pit, at Shadwell-dock; I saw the prisoner take a maul, I knew nothing of him before, he took it from the end of our pit.

Q. What time of the day was it? - A. I cannot tell; I directly told my mate of it, and we pursued after him, and overtook him, we found it in his pocket, I do not know rightly whose hammer it was.

Q. Whose was the pit where it was lying? - A.Mr. Fletcher's.

Q.Had Messrs. Morley, Rowe, Old, and Boddington, any thing to do with it? - A.Not with the pit.

Q. Was it their dock? - A. No, no further than having ships in it.

- MEE sworn. - Q. Whose hammer was this? - A. It was Mr. Hedley's first, till it was delivered on board the ship, for the ship's use, the ship belonged to Messrs. Morley, Rowe, Old, and Boddington; the last witness told me a man had taken it, I went after him, and took it from him.

Prisoner's defence. There was a man that had a barrow broke down, and I went and took it to mend the barrow, I intended to take it back again.

NOT GUILTY .

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

Reference Number: t17971206-41

43. JOHN SADLER was indicted for breaking and entering the dwelling-house of James Galloway , about the hour of eleven in the night of the 19th of October , with intent the goods and chattels of the said James, burglariously to steal, and stealing therein, a cloth box-coat, value 15s. a cloth coat, value 20s. a cloth waistcoat, value 10s. and a pair of velveret breeches, value 5s. the property of the said James, seven linen shirts, value 30s. a cloth furtout coat, value 30s. a cloth coat, value 15s. two cloth waistcoats, value 15s. a jean waistcoat, value 5s. a pair of corderoy breeches, value 10s. two pair of silk and cotton hose, value 5s. six pair of cotton hose, value 15s. a piece of linen, value 1s. four cambrick handkerchiefs, value 4s. four muslin handkerchiefs; value 4s. and a silk and cotton handkerchief, value 2s. the property of Edward Brazier .

EDWARD BRAZIER sworn. - I am a coachman to Mr. Galloway, who keeps a house in Gower-street, Bedford-square ; the property was in a stable adjoining the house, they are connected together by a wall: On Thursday, the 19th of October, between nine and eleven o'clock I came home; a little before eleven, I found the stable-door open; I had left it at nine o'clock safe; I took my lanthorn, and lit the candle, I went to where I hung up my box-coat, and found it was gone; there were no marks of violence upon the door, the lock was picked; I went into my bed-room over the coach-house, with a candle, and found the box broke open, and all my things gone out; all the linen is mine; there were some horse-cloths and other things thrown very much about.

Q. When you left the house at nine o'clock, it was quite dark, I suppose? - A. Yes, it was; I lost the things named in the indictment, (repeating them); the box-coat I have had ever since I have been with my master, which is not quite a twelvemonth.

Q. Did you make any bargain with your master, that you were to be answerable for them? - A. No.

Q. The coat, waistcoat and breeches, had you had them a year? - A. Yes, nearly; all the rest belonged to me; the other things were all kept there ready to put on when I was going out; I never recovered any thing but one shirt.

Q. How came he to be taken up? - A.I was coming down from my master's house, three weeks and three days after, I heard, in Cheyne-row, a cry of stop thief, and I ran down to the stable as fast as I could go; after I had got my stable-door open, I heard them run past the stable-door, just as I was trying to undo it; when I got it undone, they had stopped him, and were bringing him back again; when he was searched at the watch-house, he had got a shirt of mine upon his back; I said, before he was searched, I thought it was mine; I went up to Marlborough-street, and there I took notice of it; the constable has got it.

Cross-examined by Mr. Alley. Q. You say it was three weeks after the time she burglary was committed, that the prisoner was apprehended? - A. Yes.

Q. When you apprehended him, nothing was found upon him but this shirt, which you suppose was your's? - A. No; he was not searched till the next day.

Q. Then of course, he might have got rid of it before the next day? - A. He might, no doubt.

Q. But he continued with this shirt on his back till he went to the Public office? - A. Yes.

Q. There was nothing broke, except the box? - A.No.

Q. You did not make the stable fast when you went away? - A. Yes, as fast as I could make it.

Q.Will you venture to swear that? - A. I will.

Q. And you thought you left it fast? - A. I know I did.

Q. Was any body left in the stable after you went out? - A.Nobody at all.

Q. Mr. Galloway lives in Gower-street? - A. Yes.

Q. This stable is at the end of a garden? - A. Yes.

Q. Are you upon board wages? - A. No, I board in the house.

Q. Does he rent that stable? - A. No; it is his own.

Q. Had he not given it to you for you and your family to live in? - A.No; I have no family.

Q. I believe, after a certain length of time, the livery would have become your own? - A. Yes; if I had lived there a twelvemonth.

Q. Was it made for you? - A. Yes.

Q. How long have you been in his service? - A. Better than three quarters of a year, not quite a twelvemonth.

Q. Is there any communication from the house to the stable, or do you go into the street? - A.There is a communication through the garden to the stables by one wall.

THOMAS SAVIOUR sworn. - I am servant to Barrington Bergen, Esq. On Sunday night, the 12th of November, I was going out, being a very foggy night, I took a lanthorn; going down the Mews, just as I got to the stable-door, there was the prisoner and two other men standing against my stable-door.

Q. Is that near Mr. Galloway's? - A. I believe it is half a surlong from Mr. Galloway's; it is a street that runs across the Mews; I called out to know who they were, and what they were, but they did not answer me; I suspected they were thieves, and I went up to the next stable-door, and called the coachman; he got up, I told him, there were three thieves; I said, there goes two; he ran after them, I went after the prisoner at the bar; he was going down the Mews, I pursued him, and he was taken; I gave charge of the prisoner to the watchman; the next morning, I went with Brazier to see the prisoner; he said, he thought he knew the shirt that was upon the prisoner's back; I saw the shirt taken from him, and Brazier said it was his.

Cross-examined by Mr. Alley. Q. You do not mean to swear that the prisoner at the bar was one of the three men? - A. Yes, I do; I held up my lanthorn to his face, and spoke to him; and he then ran away.

Q. The man was standing quietly, doing nothing, and you had the impudence to hold your candle and lanthorn to his face, and because he ran away, having done nothing to you, you charged the watch with him? - A. Yes, I did.

VALENTINE ROMLEY sworn. - I am watch-house-keeper of Sr. Giles's: On the 12th of last month, the prisoner was brought to the watch-house; Brazier and Saviour came to the watch-house the next morning to see the prisoner at the bar; Brazier touched the frill of his shirt, and said, I think that is my shirt on your back; then I said to the prisoner, strip; he pulled off his coat and waistcoat, and I assisted in taking the shirt off his back, (produces it); I have kept it ever since; the prosecutor said the shirt was marked, and described the marks with the two first letters of his name; and when he looked at it, he said it was his.

JOHN PURBECK sworn. - I am a coachman: On the 12th of November, a little after ten, I was alarmed by the last witness, that there were thieves, I pursued the prisoner, and took him near the bottom of Cheyne-mews; he was delivered to the watchman.

Cross-examined by Mr. Alley. Q. You know a little about forty pounds reward, if you hang this man? - A. If I hear a cry of stop thief, I have a right to stop the man.

Q. Give me a strait answer, do you know any thing of a reward? - A. I have heard such a thing, but never was on such a thing.

Q. Do not you expect your share of it, if you can hang the poor fellow? - A. Just as the Justice pleases.

JOSEPH SALES sworn. - I am servant to captain Gardiner, in Cheyne-street, Bedford-square: I was coming out of my stable, at ten o'clock, and I saw the prisoner and two men, I spoke to them, and nobody answered; I went to the Goat, in Cheyne-street, and got two men to go with me, to see what they were after, and going along, we heard a cry of stop thief, and saw him taken.

Mr. Alley. Q. Had the man done any thing to you? - A. No.

Q. Do not you expect a share of the reward? - A.I expect it if I have a right to it.

THOMAS CAREY sworn. - I was calling ten o'clock on the 12th of November, I heard a cry of stop thief; I pursued the prisoner; he was taken before I came up, and they gave me charge of him; I took him to the watch-house.

MATTHEW WINTHROP sworn. - I am coachman to Mr. Perks; on the 12th of November, I went past my stable at the time of the cry of stop-thief, I did not see him; the next morning, the

13th, when I opened the stable door, I saw two picklock keys upon the dunghill, just by my stable door, and one on the pavement; I tried the keys with several of the doors, and they opened Mr. Bergen's, and Mr. Galloway's stables, as well as if they had been made for the locks.

Cross-examined by Mr. Alley. Q. You found two keys exactly in the way of the men who ran by? - A. Yes.

Q. You were in your stable, were not you? - A. No.

Q. Did you see them run? - A. No.

Q. And yet you mean to swear which way he ran? - A. To be sure, I could hear whether he ran down the Mews or up.

Q. You expect a share of this reward too, do not you? - A. No, I want no share at all; I did it for the good of my country.

Brazier. This is my shirt, it is marked E. B.

Mr. Alley. Q. This was three weeks after you had lost it? - A. Yes.

Q. Can you read? - A. A little, and I can write, but not very much.

Q. I am sure you will not undertake to swear, when you are no great scholar, to two letters? - A Yes, I will.

Court. Q. Were these two letters worked in the linen, or stamped? - A. Worked in the linen, in blue.

Q. You do not look at these letters very often? - A. Yes, every time I put them on; if they came before my eyes, I could not help looking at them.

Q. Do you know that that man is trying for his life? - A. Yes.

Q. And yet you mean to swear to two letters not made by yourself? - A. Yes.

Q. You searched the prisoner's house, I believe? - A. Yes; with a runner.

Q.And found nothing at all? - A. Nothing; it was at his mother's house, she shewed us his bed room.

Prisoner's defence. I bought the shirt, and paid six shillings and sixpence for it.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17971206-42

44. ISAAC ALDRIDGE was indicted for feloniously stealing, on the 8th of November , a cloth coat, value 2s. a leather pocket-book, value 12d. and a Bank-note, value 1l. the property of Charles Weston .

CHARLES WESTON sworn. - I live at the Hermitage: On the 8th of November, I lost a cloth coat, a pocket-book, and a one pound note, I do not know where I lost them from; I followed the prisoner, and took them from under his arm in Virgin's-court . (Produces the property.)

Q. Is that your coat? - A. Yes; the pocket-book was in the coat, with the Bank-note in it.

THOMAS SCOTT sworn. - I was at a public-house, when Weston brought the prisoner in with the property, nothing passed between them.

JOHN HODGES sworn. - I keep the public-house that the prisoner was brought into by the prosecutor; Weston had his coat under his arm, the prisoner said, he had found it.

Prisoner's defence. I picked the coat up by a gateway, and this young man came up and said, it was his; I said, if it was his, he might have it, I gave it him directly.

Weston. When I pulled off my coat, I threw it down in the yard, or any where, I took him about two hundred yards from the yard.

NOT GUILTY .

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

Reference Number: t17971206-43

45. MARGARET FENNILY was indicted for feloniously stealing, on the 11th of November , a silk handkerchief, value 2s. the property of William Ward .

(It being a slight case against the prisoner, the Counsel for the prosecution declined offering any evidence.)

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17971206-44

46. JOHN NEWELL was indicted for feloniously stealing, on the 30th of November , a pewter quart pot, value 10d. the property of Richard Duffin .

RICHARD DUFFIN sworn. - I live in St. Martin's-lane , I keep the Antigallican ; I know nothing of the robbery.

ELIZABETH GOLDBY sworn. - I am servant to Mr. Duffin; last Thursday week, between two and three o'clock, the prisoner came in for a penny-worth of twopenny, and I gave it him in a half-pint pot, that is all I know of it.

JOHN CLARKE sworn. - I am a city-marshal-man; I was in Thames-street, the prisoner was going out of Thames-street, when somebody said to me, that man has got some stolen property, that might be five hundred yards from Duffin's house; I took him into the house, and searched him; I found upon him four penny pots, and this quart pot, one of the penny pots was in the quart, they were in his different pockets; upon the quart pot was the name of Duffin, and I went to his house to tell him of it, the prisoner made excuse that somebody had put them into his pocket.

Goldby. The marshalman brought me back a

pot, which is Mr. Duffin's, it is marked with his name, the same as all our pots are, we did not miss it till it was brought back.

Q.(To Duffin.) How long have you kept this house? - A. Between ten and eleven years.

Q. Is this a new or an old pot? - A. It is an old pot.

Q. How long before this had you sold any pots? - A. Eighteen or twenty months; when they get old and run, we sell them, and get new ones in their room.

Q. Is that pot in such a state, that you would have sold it? - A. No, I should not.

The prisoner did not say any thing in his defence.

GUILTY (Aged 55.)

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

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17971206-45

47. ELIZABETH MOORE was indicted for feloniously stealing, on the 16th of November , two pewter quart pots, value 3s. 6d. and four pewter pint pots, value 4s. the property of William Blake .

WILLIAM BLAKE sworn. - I keep the Star, No. 31, Aldersgate-street : On the 16th of November, I lost two quart and four pint pots; I had seen the prisoner in the house two or three times that day, I saw her about four o'clock, and I saw her again at six; I do not know any thing of her taking the pots, I suspected her, and followed her to her lodgings, to enquire for a quart pot of mine that I had missed; I charged her with taking that pot, and she denied it; I looked round, and I found a pot and a pint concealed in the bed; I looked in another part of the room, and found another quart and a pint concealed separately; I sent for an officer, and I saw him find two pint pots, one was in a frying-pan, in the corner; the pots are in Court, they have all my name upon them, except one, which was a pot belonging to a customer of mine.

THOMAS PHIPPS sworn. - (Produces the pots.) I am a constable; I found these pots at the prisoner's lodgings, and this large lump of pewter in a melted state, (produces it;) there are five of the pots marked with Mr. Blake's name, the other is a plain pot with a mark of a star upon the side; I found two of the pots in the chimney corner, by the side of this frying-pan, (producing it;) I desired Blake to hold her while I searched, and she made her escape from him; when I apprehended her that same evening, she said, she melted pewter did not belong to her, she did not know how it came there; I found out a sort of cupboard, and I went into it upon all fours, and at the other side there was a door into another room, and a man came up, and asked me what I wanted there.

Q. Do you know the man? - A. Yes; he is a news-carrier, he has lived there twelve years, I know him very well.

Q. Do you know of your own knowledge, that they are separate apartments? - A. Yes.

JOHN HALESWORTH sworn. - I am a porter: I was with the last witness when he apprehended the prisoner, both times, I was present when these things were found.

THOMAS BROWN sworn. - I am a victualler: I know nothing at all of the circumstances, except that there were four of my pots found in a privy adjoining this woman's house. (The pots were deposed to by the prosecutor).

Blake. I missed, in the course of that fortnight, three dozen and upwards of pots; these are almost new pots.

Prisoner's defence. I have dealt with Mr. Blake for spirituous liquors, and porter and twopenny, for ten years; the house is full of lodgers, and I have no key to my room; there was no hole through to the next room till Phipps broke a way through.

GUILTY .

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17971206-46

48. JOB POWELL was indicted for feloniously stealing, on the 6th of November , three pounds weight of tallow, value 1s. 3d. the property of William Field , and George Field .

JAMES COLLINS sworn. - I am servant to William and George Field : I caught the prisoner in Mr. Field's warehouse, on the 6th of November; I asked him if he was employed in work there; he said, no; he stood by a cask of tallow; I put my hand upon his pocket as he went out of the warehouse, and I found tallow in his pocket, about three pounds; we sent for a constable, and he took the property out of his pocket.

WILLIAM BALL sworn. - (Produces the tallow); I am a constable: On the 6th of November I was sent for to the prosecutor's house; I searched the prisoner, and took this tallow out of his pocket, it is of the same quality with that in the cask; he confessed at the Mansion-house that he had taken it out of the cask.

Prisoner's defence. I was looking out for work, and going over the wharf I picked it off the ground, and took it for my own use.

The prisoner called two serjeants, and one other witness, who gave him a good character.

He was recommended to mercy by the Jury, on account of his good character.

GUILTY (Aged 27.)

Confined three months in Newgate , and delivered to his serjeant.

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

Reference Number: t17971206-47

49. JAMES STARLING was indicted for feloniously stealing, on the 30th of October , fifteen tallow candles, value 1s. the property of George-Harvey Thompson .

GEORGE- HARVEY THOMPSON sworn. - The prisoner was my apprentice ; In the morning of the 30th of October, when I came down, I felt in a basket, which was in the passage, that was kept for carrying foul linen backwards and forwards; I put my hand into the basket, and found fifteen candles, which I had marked, in consequence of suspecting the prisoner; the basket was directed to his mother or father, I cannot say which; between eight and nine, the errand-cart passed my house; the candles were in the basket all the day; I left the parlour, and saw him delivering them to the cart, I immediately caught hold of the basket, and said I would look into it before it went; I sent for an officer to examine it; the officer unsewed the basket, and found the candles in it; I said, I believed them to be mine; I asked him where he had got those candles; he said, that they were mine, and that that was the first time he had done it.

Mr. Knowlys. Q. This is a very young lad? - A. I should suppose about eighteen or nineteen.

Q. He has not served above half of his time? - A. He has served five years of his time.

Q. Has he been with you all those five years? - A. Yes.

THOMAS SAPWELL sworn. - I am an officer: I was sent for on Monday, the 30th of October, about nine at night; Mr. Thompson desired me to search this basket, which I did, and at the bottom of the basket, I found these fifteen candles.(Produces them).

Thompson. These are the candles that I marked, I marked them by putting in a pin with the head off.

THOMAS THOMPSON sworn. - I made another mark upon these candles, they are the same.

The prisoner called Thomas Briggs, who had known him five years, and gave him a good character.

GUILTY (Aged 19.)

Privately whipped , and discharged.

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

Reference Number: t17971206-48

50. JOHN COVINGTON was indicted for feloniously stealing, on the 1st of December , a cloth great coat, value 10s. the property of John Daniel .

JOHN DANIEL sworn. - I am a waggoner : I went into the Bull, at Potter's Bar , to get some beer, and when I came out, the coat was gone; the prisoner was taken with the coat upon his back, I was not present; I know nothing of the prisoner.

JOHN TOMLINSON sworn. - The prisoner was at our house; I had some distrust of him; I pursued him, and took him, with the coat upon his back.

JOSEPH INWARDS sworn. - I am an officer; the Magistrate ordered me to take care of the coat till the trial; I have had it ever since.

Prosecutor. This is the coat I lost, I know it by three odd buttons, and a tear in the tail of it.

Mr. Knapp. (To Tomlinson). Q. How far had the prisoner got when you stopped him? - A. About half a mile.

Q.Had you reason to believe the prisoner was in his senses? - A. I do not know; I never saw him before; I kept him all night; I did not see any thing the matter with him.

Prisoner's defence. I picked up the coat on the road, and put it on my back; I did not know whose it was; I gave it to the waggoner directly, when he asked me for it.

For the Prisoner.

ARTHUR COVINGTON sworn. - I am father to the unfortunate man at the bar; he has been twice confined in Bedlam; seven or eight months the first time, and near a twelvemonth the second time.

Q. When was the last time he was in Bedlam? - A. Three years and a half ago.

Q. Has he been living with you since he has been out of Bedlam? - A. The last time he has not been with me much; he was away two years without my seeing him; he came home to me about his time last December, he staid with me a week, and seemed to be deranged in his mind, unsettled; he never gets any rest or sleep for weeks together.

Q. Have you endeavoured to put him in a way of getting his living? - A. Yes.

Q. Has he not been discharged before two Courts of Justice? - A. Yes; at Hertford and Maidstone.

Q. And it was recommended that he should be delivered over to his friends to be taken care of as a lunatick? - A. Yes.

WILLIAM HOWKINS sworn. - I am one of the keepers of Bedlam; I know the prisoner very well, I have had twice the care of him, it was almost a twelvemonth last time, but he was very bad indeed a great part of the time; afterwards he got well and was discharged.

Q. You have no doubt, whether he was in a situation fit to be put there? - A. He was as bad as a man could be at times, both times that he was put in.

Q.(To the father.) Had he at any time received any injury in his head? - A. Yes; his master at Cheshunt happened to hit him with a heel of a shoe, and made three marks of the nails in his head, and after that be was sent to Bedlam.

NOT GUILTY .

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

Reference Number: t17971206-49

51. THOMAS HILLIER was indicted for feloniously stealing, on the 8th of November , eighty-seven yards of printed calico, value 10l. three yards of cotton cambrick, value 7s. and five linen handkerchiefs, value 5s. the property of George Jeremy .(The case was opened by Mr. Watson).

GEORGE JEREMY sworn. - Examined by Mr. Watson. I am a linen-draper , in Southampton-street; the prisoner lived with me as a porter , between four and five months: On the 6th of November, in the evening, about seven o'clock, I sent him with a parcel of goods to Mr. Marshall's, an upholder, in Gerrard-street, Soho; the prisoner came back, and said he had met Mr. Marshall's porter, who informed him that he was coming to my house for the parcel; I asked him if he knew the porter, and he said, he thought he had some saint knowledge of him; I asked him if he was so foolish to deliver the parcel to a man he had a saint knowledge of only; and he said, he believed it was Mr. Marshall's porter; next evening, I had some suspicion of him, and I asked him to go with me to Bow-street, to give a description of the person he delivered the parcel to; and his confusion appeared so great, that it raised my suspicion; and the following morning, I went up stairs with him and some other persons, and insisted upon searching his box; he at last complied, and unlocked the box himself.

JOHN JEREMY sworn. - I am assistant to Mr. Jeremy; the prisoner was our porter, he was taken to Bow-street on the evening of the 7th of November; on the morning of the 8th, I was desired to go up stairs with the prisoner, and another person, he opened his box, and there I found the goods named in the indictment, which are now in Court, they have been in our back shop ever since; I wrote my name upon the end of each of them that I might be able to swear to them again, (looks at them); all these articles were taken out of his box, I missed them, they exactly correspond with the number of yards in the indictment, I know we had the same patterns in the shop; all the printed callicos I can swear to, they have Mr. Jeremy's private mark upon them; and the handkerchiefs have Mr. Jeremy's private mark upon them.

Cross-examined by Mr. Knapp. Q. Are you a relation of Mr. Jeremy's? - A. Yes; a nephew.

Q. Your's is a very considerable shop? - A. Yes.

Q.And a shop for fashionable articles? - A. If the ladies that come to the shop think them so, we are very well contented.

Q. How soon do you put your private mark upon your articles, when they come into the shop? - A. The day they come in, if we have time, unless they are goods that Mr. Jeremy has printed himself, and they have his name upon them.

Q. I take it for granted, the private mark is delivered to your customers with the goods? - A.Sometimes we cut the private mark off.

Q.And the same patterns you have delivered out to customers before now? - A. I dare say we have.

Q. You do not cut off your private mark? - A. Not always, it is not a rule with us.

Q. There were more of the same patterns in the shop? - A. There might be another part of the piece.

Q. A part of the same piece you might have sold before? - A. It is not impossible.

Q. Will you swear that you have not sold some of the same pattern of the pieces you have produced? - A. No, I cannot.

Q. Then I take it you might have sold it? - A. It is impossible in our line of business to know all these things.

Q. It is impossible for you to know exactly, till you count up at the end of the day, how much you have sold of each piece, you having a very large business? - A. No.

Q. Can you tell at the end of the next day? - A. No.

Q. How often do you take stock? - A. Once a year.

Q.Is there any thing in any of these patterns, that you can tell me you had sold no part of the pieces to which they belong? - A. Yes, I can.

Q. This is a very uncommon pattern, is it not? - A. Not so uncommon but there may be more in London.

Q. There is nothing particular in the pattern, is there? - A. No; it has two sag ends to it, therefore we have never sold it.

Q. How long have you lived with Mr. Jeremy? - A. I came to him in June last.

Q. In the course of that time, have you seen but one piece of that pattern? - A. Yes; more than that, two or three, perhaps.

Mr. Watson. (To George Jeremy ). Q. Are you able to say when you last saw these articles in the shop? - A. I cannot.

Mr. Knapp. Perhaps it might be a week or two? - A. It might.

Q.When did you last take stock? - A. In July, 1790.

Q.So long ago as July, 1796? - A. I have within theses three months taken stock, I think it was the seventh of October.

Q. Do not you generally sell goods with the sag end to them? - A. Yes.

The prisoner did not say any thing in his defence, but called John Slade , Esq; Henry Sedgwick , Esq; and eight other witnesses, who gave him an excellent character.

GUILTY of stealing goods, to the value of 39s.

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

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

Reference Number: t17971206-50

52. WILLIAM LUCAS was indicted for feloniously stealing on the 24th of October , a feather bolster, value 3s. a feather pillow, value 2s. fifty pounds of feathers, value 30s. two linen sheets, value 4s. 6d. a woollen blanket, value 3s. three prints, framed, value 3s. a copper saucepan, value 3s. 6d. a pair of bellows, value 2s. a copper tea-kettle, value 2s. a brass stew-pan, value 12d. an iron trivet, value 6d. a flat iron, value 6d. part of a pewter dish, value Id. a pail, with an iron hoop, value 6d. a looking-glass, value 12d. and an iron key, value 3d. the property of William Price , in a lodging room .

WILLIAM PRICE sworn. - I live at No.9, Dove-court, Petticoat-lane ; the prisoner at the bar, and his wife, took a room of me, on the 29th of September; all the property that I have named in the indictment was in the room when I let it to him; he staid till the 29th of October; he went away, and took the key with him, without giving me notice; I heard no noise up stairs, I got an officer, and went into the room with a lodger of mine, and found the room almost stripped, and the prisoner and his wife gone; I have never recovered any of my property again, only I have seen a picture since, at a broker's door that I thought was mine, but I could not swear to it; I found the prisoner on Tuesday last, in Clement's-lane, and his wife I found in White-stairs; I found him at a public-house warming himself; I had an officer with me, and we took him to the magistrate's.

SARAH LEE sworn. - I went into the room with Mr. Price, and every thing in the room was gone; I knew every thing there was in the house, I had lived in the house twenty years; the things named in the indictment were all in the room when the prisoner became a tenant.

Q. Are you any relation to the prosecutor? - A. No, no relation at all.

Prisoner's defence. I did it through distress, and have nothing farther to say, than plead the mercy of the Court and Jury.

GUILTY .

Transported for seven years .

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

Reference Number: t17971206-51

53. WILLIAM MURRELL was indicted for feloniously stealing, on the 21st of November , a silver table spoon, value 10s. two silver tea spoons, value 5s. a half-crown, three shillings, and a sixpence, and one hundred and twenty halfpence .

GEORGE MEDHURST sworn. - On the 21st of November, I was sitting, about a quarter before six, at my own house, drinking tea, I am a pastry-cook and confectioner , in St. Martin's in the fields ; I was alarmed by my sister, who lives with me, that a man had come into the shop, and taken out the till; I went into the shop, and she said, the man was gone across the road; I immediately ran across the street, up St. Martin's-lane, and up New-street, Covent-Garden, and at the top of Bedford-bury, I saw the prisoner coming up with two men, with the till under his arm, with an apron cast slightly over the till, he had not cast it over the back part of the till, I saw it under his arm, I jumped across the road, and collared him, and as I collared him, he jumped forward, and I holloaed stop thief, by his jumping forward, he kicked the till out in the road, but I never let go of him till he threw away the till, and, after some tussling, I got him back to the till, I got some person to pick up the money, I picked up the spoons myself, as I had him in my hand; I never left him till I brought him home to my house, and charged the constable with him,(produces the spoons;) they are my spoons, I know them by the crest, they were in the till.

Q. Did the person that were with him, assist him at all? - A. No; but when I laid hold of him, he said to the others, I think, with an oath, why don't you fetch him down, they were youngish men, but I did not take particular notice of them.

ANNA- MARIA MEDHURST sworn. - I live with my brother.

Q. Do you remember the prisoner coming to your house at any time? - A. I cannot remember his face; on the 21st of November, I was in my brother's shop, I heard a noise, I was drinking my tea, I turned round and saw a man go out.

Q. Could you at all see the size of the man that went out? - A. No; I immediately rang the bell, I saw him cross the road, and my brother and sister came down; I told him the till was gone, and my brother went after him; I did not know what was in the till, I know these to be my brother's spoons.

Prisoner's defence. I was going home to my lodgings up Bedford-bury, and this gentleman collared me, and said, I had dropped his till; I did not know any thing at all of the till, I never saw the till, I had nobody at all with me, I was going about my business; I am an American, my friends are 3500 miles from here.

GUILTY (Aged 17.)

Transported for seven years .

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

Reference Number: t17971206-52

54. HANNAH WRIGHT was indicted for

feloniously stealing, on the 22d of November , five yards of printed cotton, value 10s. the property of Jehu Briggs .

JEHU BRIGGS sworn. - I am a pawnbroker : On Wednesday the 22d of November, I lost a piece of printed cotton; the prisoner came to my shop a little after two in the afternoon, to take out a white apron for another person; a friend came in, and I went into the parlour, I was not gone half a minute, when I returned, she appeared very much confused, and threw her gown over her apron, as if she had something underneath it; I served her, looking round the shop, not missing any thing, I suffered her to go away; I looked out, she ran very fast down the street, I called my young man, and he missed a piece of cotton, and I went immediately in pursuit of her to her lodgings, she was not returned home; I sent a constable after her, down Cow-cross, and he found her at a pawnbroker's endeavouring to pawn it.

BENJAMIN - sworn. - I am an officer: I saw the prosecutor and his man running; I asked what was the matter; he said he had lost a piece of cotton; I went in pursuit of her, and found her in Mr. Hankinson's shop, endeavouring to pledge it; I told her she had taken it from Mr. Briggs's; I immediately took her and the property to Mr. Briggs; he said it was his, (produces it); it has been in my possession ever since.

Briggs. This is the piece of cotton that I lost, the mark is taken off, but I am sure it is my cotton; it is ell-wide cotton.

- HANKINSON sworn. - I am a pawnbroker: On the 22d of November, the prisoner brought me a piece of cotton to pledge, containing five yards; this is the cotton that she offered me; while I was asking her how she came by it, the officer came in and took her.

The prisoner did not say any thing in her defence.

GUILTY (Aged 40.)

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

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

Reference Number: t17971206-53

55. JOSEPH MILLER was indicted for breaking and entering the dwelling-house of Joseph Stevenson , about the hour of three in the night of the 23d of October , with intent to steal, and stealing a leg of pork, value 3s. a cask bound with iron, value Is. ten gallons of British geneva, value 40s. and a silk handkerchief, value 2s. the property of the said Joseph; and a white muslin handkerchief, value 1s. the property of Ann Willis .

JOSEPH STEVENSON sworn. - I live in King-street, St. George's in the East : My house was broke open on the night of the 23d of October, as night as I can guess, at three o'clock in the morning, I heard some kind of noise in the house at the time; I saw my windows safe over night, the cellar-window and all was fastened; when I came down in the morning, about six o'clock, it was just light, when I found the cellar-door open, leading into the kitchen, and the cellar window-shutter open; I went down and missed a leg of pork, half a cheese, some bread and cold meat, ready drest; I then missed some gin, I cannot tell exactly the quantity, but I think as near ten gallons as possible; I missed a cask which held about five gallons, the rest must have been put into something else; I missed, but I cannot say whether I lost them that night, a coloured handkerchief or two, out of the kitchen; a chissel, that will be produced, exactly fitted the marks of the cellar-window where it was broke open; they had made free to ease themselves in the cellar.

ANN WILLIS sworn. - I am servant to Mr. Stevenson: On the 23d of October, I went with him and fastened the cellar-window; I went to bed about half past eleven o'clock, I did not hear any noise in the night; I got up about seven o'clock in the morning, I missed the articles which my master has mentioned, and a white muslin handkerchief of mine that I had been washing the day before.

ROBERT BROWN sworn. - I am a constable; I received an information, in consequence of which I went, in company with Holebrook and Cook, on the 9th of November, about nine o'clock in the evening, to the Unicorn, in New Gravel-lane, about a quarter of a mile from Mr. Stevenson's; we apprehended the prisoner at the bar, and asked him where his lodging were; we went there, and in his lodgings I found this chissel, and a box containing tinder, steel, flint, and matches; I asked him whether it was his property; and he told me, yes; on the 12th of November, I went to Mr. Stevenson's, his wife said, there was a mark upon the cellar-door, I tried it with the chissel, and it fitted exactly the marks made in the door-post; on the 25th of November, I went to the house of Mrs. Battle, where the prisoner lodged, and found this muslin handkerchief in Mrs. Battle's apartments, not in the prisoner's; Mrs. Battle, and the handkerchief, were brought to the office; then I received the handkerchief, and have had it in my custody ever since.

SARAH BATTLE sworn. - The prisoner lodged at my house, he went out to tide's-work, or any thing he could get, he had lodged with me about a fortnight before he was taken up, he was taken up on Lord-Mayor's-day; he never staid out all the time he was with me after seven o'clock, or half past six, I never heard him get up in the night; this handkerchief the prisoner had round his neck.

Q. How long before he was taken up did you see it round his neck? - A. I cannot say; the prisoner sat down by my fire-side, after he came from work, the very week he was taken; I said to him, Joe, how dirty that handkerchief is that you have got on, pull it off, it was as black as my hat; and he said, he had never another to put on; I pulled a shawl off my own neck, and lent it him while I washed his handkerchief; I washed it, and he told me he had got my shawl tore, he had not wore it; after I had washed it, when it was found by the constable, he told me he had given Bob Richardson sixpence for it.

Willis. This is my handkerchief, I know it by the hem on each side; it is partly hemmed on one side, and partly on the other, and there is a tear at one corner; I hemmed it myself.

Prisoner's defence. I bought the handkerchief of a young man for sixpence.

Q.(To Battle.) Had the prisoner any gin at your house? - A. I never saw him have any thing of that fort in my life.

NOT GUILTY .

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

Reference Number: t17971206-54

56. HENRY CAM was indicted for feloniously stealing, on the 26th of October , 28 pounds of raw sugar, value 14s. the property of John Blake , and others, the gangsmen of Botolph-wharf.

THOMAS SPINNEY sworn. - The prosecutors are gangsmen, belonging to Botolph-wharf : On the 26th of October last, between five and six in the evening, I was going to lock up the gates of the wharf, and saw two or three men run away from the area, which made me suspect there was something amiss; I tried the lock down the cellar, and found that fast and safe; I then went and acquainted the clerk of the wharf, that I saw these men run away from the area, and got a lanthorn, to see if any thing was amiss; I went along with another person, I found that a piece of one of the slaps of the cellar had been knocked off, there was just room enough to admit a hand in; I put my hand in, and found one slap was unbuttoned, unbolted; we took up the slaps and went down, and there was a hogshead of raw sugar with the head knocked in; there was a great deal of it spilled about, and we found he prisoner in the cellar; he immediately jumped out, and attempted to get out of the cellar, but the man that was with me stopped him, and he was taken to the Compter; I did not search him, I asked him, how he came there; he said, he was going to night-work, and as he was coming along, somebody shoved him into the cellar; after he was secured and taken to the Compter, the first thing in the morning, we looked about, and found a bag with sugar in it, and several more bags that had had sugar in them, close to where I found the other bag.

JOHN BLAKE sworn. - I am a gangsman: we take care of merchant's property; and what deficiency there may be, we must make it good.

Q. Are you responsible for the sugar in the cellar the last witness spoke of? - A. Yes. There is no communication with the cellar but through this slap; it had been wrenched, and the man must have been there all night, for he could not get out when the man locked up the gates.

Q.When had you last seen the cellar safe? - A. Not for two or three days before; that cellar was fast, and nobody goes into it but me; there was but one hogshead in that cellar that was drawn, and we do not go there for a fortnight together, sometimes; the next morning, when I came, after this happened, I missed two hundred weight and three quarters; we found a quarter of a hundred in a bag in the cellar. (The constable produced the bags and the sugar).

Blake. This is the sort of sugar that was in the cellar; all the bags that we found had had sugar in them.

Prisoner's defence. I went down to ease myself; I was very much in liquor, I did not see this place broke; I fell down the cellar, and there I lay as I fell, for three hours.

Q.(To Spinney). Was he in liquor? - A. No; he was perfectly sober.

GUILTY (Aged 22.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17971206-55

57. JOHN SAUNDERS was indicted for feloniously stealing, on the 1st of December , a linen bag, value 6d. two linen shifts, value 2s. three linen aprons, value 3s. two pair of linen pockets, value Is. a calico bed-gown, value Is. two linen handkerchiefs, value 4d. two muslin caps, value 4d. two muslin under-caps, value 2d. two cotton shawls, value Is. seven linen pillow-cases, value 2s. thirteen linen sheets, value 7s. two damask table-cloths, value 2s. a cotton counterpane, value 18d. four other linen shifts, value 4s. a calico petticoat, value 9d. two pair of other linen pockets, value 6d. a cotton cap, value 2d. a linen cap, value 2d. a muslin shawl, value 6d. a huccaback napkin, value 2d. two diaper towels, value 2d. and two other linen shifts, value 1s. the property of George Harper .

Thomas Collins , the only material witness, being called, but not appearing, the prisoner was ACQUITTED .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17971206-56

58. WILLIAM CLARKE was indicted for breaking and entering the dwelling-house of William Warner , about the hour of eight in the night of the 30th of October, and burglariously stealing, a box rule, value 16d. and six ivory rules, value 6s. the property of the said William Warner.

JAMES MACBRIDE sworn. - I am servant to Mr. William Warner, who keeps a house, No. 61 and 62, Snow-hill ; it was No. 61, this property was taken from; he is a brush-maker and turner : Between eight and nine in the evening of Monday, the 30th of October, I heard some glass fall from the shop-window, I was in the shop, and went out and found the prisoner standing with his left hand in the window, and some goods in his right hand; when I spoke to him, he let them fall upon the pavement; I laid hold of him, we had a scuffle in the road, and in the scuffle I tore his coat; he got loose, and ran down Snow-hill, and I after him; I had him down at the end of Cock-lane, I fell over him, and he got up and ran up Cock-lane, I took him in the middle of Cock-lane; I never lost sight of him at all; my young master picked up the things; I saw them again about three minutes after I had brought him back; there were four ivory rules and one box rule; I cannot swear to them, my master can.

Q. Was the window safe before you heard the glass fall? - A. Yes.

Q. How long had you seen it before? - A. About before an hour, or perhaps more.

Q. Did you see any glass about it? - A. I saw the glass in the window when his hand was in the window.

Cross-examined by Mr. Alley. Q. Was there any body else in the shop but yourself? - A. There was a little boy, he is not here.

Q. You can see into the shop from the street? - A. Yes.

Q. There was a light in the shop? - A. Yes.

Q. And therefore he must have seen every body that was in the shop? - A.Certainly.

Q. Then if the prisoner had broke your window with intent to steal, he might have an opportunity of running away, upon seeing you come out to the door? - A. He might.

Q. The foot-way is always very dirty, slippery, and narrow? - A. Yes.

Q. Has it not happened continually, that people slip down and break the windows? - A. Yes, sometimes.

Q. These things were not in his hand, but upon the ground? - A. They were in his hand when I laid hold of him.

Q. You did not swear that before the Magistrate? - A. Yes, I did.

Q. If any body had fell against the window, these things would have fell into the street? - A. No they would not, they were lying upon the window-board.

Q. Were they an inch from the glass? - A. I cannot swear how far they were from the glass; they were upon the window-board, I am sure it is impossible they could have fell out.

Q. You know this is charged as a burglary? - A. Yes.

Q. You know the County are to pay you forty pounds, if the prisoner is convicted? - A. No.

Q. You never heard such a thing? - A. Yes; I have heard such a thing.

Q. Do not you expect it? - A. I expect a share of it, if he is convicted.

Q. It must have taken you some time to have come round to the shop-door? - A. Yes.

Q. Therefore he had abundant time to have run away before you could have come to the door to catch him? - A. He might.

Q. Has Mr. Warner any partner? - A. No.

ROBERT WARNER sworn. - I am son to the prosecutor; I was in the back parlour of the other shop, and hearing a cry of stop thief, I ran out to see what was the matter; I saw a man come out of the cellar, that was not the prisoner; I went to the other shop-window, and saw a square of glass broke, and some rules lying about the pavement; there were six ivory rules and a box rule; they had laid on the window-board, they have our shop marks upon them in my father's writing.

Q. When had you last been there? - A. About a quarter of an hour before; I picked them up, they are my father's property; I did not see any thing of the prisoner till he was brought back, about five minutes after, by James Macbride; after he was brought back, he said, he did it by accident, he did not do it for the purpose; and he was in liquor at the time.

Cross-examined by Mr. Alley. Q. These rules dropped out of the window? - A. Yes.

Q. None of them were lost? - A. No.

WILLIAM WARNER sworn. - I am the father of the last witness; I was in the country at the time; the rules have my hand-writing upon them, they are all mine; I went into the country that morning; they laid upon a slanting board in the window, with a ledge to keep them up; they were not standing against the glass.

Cross-examined by Mr. Alley. Q. If a man's elbow had come against them, it would have swept them out? - A. No; it is impossible they could be swept out.

Q. How high was that ledge? - A.About two inches.

Q. You fell a great number of rules? - A. Yes.

Q. Every thing that is in your shop, you mark

with your own hand? - A. Every thing in the turnery way.

Q. You will not swear that these had not been sold? - A. Yes, I will.

Q. You do not know what were sold while you were away? - A. My servant knows that they were not sold.

WILLIAM DODD sworn. - I am a patrole belonging to St. Sepuichre's: I was going up Snow-hill, the prisoner was then in custody in the shop; a charge was given to us, and we searched his pockets, and found some watch-materials in his pocket, which proved to be his own property; he went very quietly with us to the Compter.

ROBERT METCALF sworn. - I am a patrole; I know no more than the last witness.

Jury. Q. Was he in liquor, or not? - A. I cannot say whether he was or not.

Q. Did he appear to be in liquor? - A. He seemed to me to be quite sober.

Mr. Alley. Q. Upon your oath, was not the man drunk? - A. He did not seem so to me.

Court. Q. Was he sober enough to get up and run away? - A. Yes.

Q.(To Robert Warner.) Q. Did he appear to you to be in liquor? - A. A little, but not much; he seemed rather heavy about the eyes, and said he was in liquor; I am an officer in St. Sepulchre's parish, and I took charge of the prisoner, that is all I know.

Prisoner's defence. I went out on the Monday after my work, I met with an acquaintance of mine, who said, trade was so slack that he was going to Coventry; it was about four o'clock when I met him, and I staid till eight with him; when I came out of the house, I found myself very much gone in liquor, and upon Snow-hill a man laid hold of me; when I was taken I had my work in my pocket, and the key of my box; I was going home to my father's.

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

GUILTY Of stealing only .

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17971206-57

59. EDWARD JAMES was indicted for that he, on the 20th of November , upon Sarah George , spinster , did make an assault, and her the said Sarah, against her will, did ravish, and carnally know .(The Court ordered that the evidence upon this trial should not be published).

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17971206-58

60. ROBERT ARMSTRONG was indicted for returning from transportation before the term for which he was ordered to be transported .( John Owen produced the certificate of the conviction of the prisoner, signed by Mr. Shelton; it is read).

JOSEPH NASH sworn. - On the 3d of December I apprehended the prisoner, in the parish of St. John's, Wapping; I had heard of his being transported, and I thought he was come back before his time; I asked him if he had any thing to shew why he was at liberty before his time; and he said, no, he had not.

Q. What are you? - A. A Trinity-officer.

Q. Is there any reward in this case? - A. I never had any; I have heard that there is.

Q. What was his answer when you asked him how he came at liberty? - A. He said, he had been taken prisoner in his passage to South Wales, and carried by force to a French prison; and he said, he had made his escape from there to America, and from there he had come to England.

Q. Did you enquire whether it was true? - A. No; I did not know that that was a duty incumbent upon me; I heard that he had been here five or six weeks, I did not enquire any further; I took him to the office in Lambeth-street.

Prisoner's defence. In 1795, I was pardoned upon condition of serving his Majesty King George, in the sixtieth regiment of foot, to go in the capacity of a soldier; I embarked the 14th of April, 1795; I had the misfortune to be taken by the French, and carried into Guadaloupe; they wanted to force me to serve against my country, and rather than be a traitor to my country I was determined to get my liberty, or die; here are two shots in my neck that I got as I was making my escape.

WILLIAM HOWARD sworn. - I am a clerk in the Transport-office: I can only prove that the ship was taken in going to the West-Indies; I know there were convicts to the number of forty-four to go in her, they were to go in the sixtieth regiment.

Q. Can you say whether this man was one? - A. No.(Mr. John Kirby produced a receipt signed by the ensign of the regiment, which shewed that the prisoner was one of the forty-four who went on board).

Q. Is it this same Robert Armstrong ? - A. The same man.

NOT GUILTY .

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

Reference Number: t17971206-59

61. JOHN LAPPEW was indicted for feloniously stealing, on the 23d of November , a coil of rope, containing, in length, thirty fathomas, value 5s. the property of Robert Scofield .

ROBERT SCOFIELD sworn. - There were three soldiers at work in my warehouse, I was very ill at the time myself, the prisoner was not one of them; I know nothing of the fact.

JOHN SCOTT sworn. - I was standing at my door; there were three men at work in the warehouse, one of them brought a piece of rope from the middle of the shop, and laid it down by the street-door; after he had laid down the rope, the prisoner was standing outside the door, and he took it up; I followed him about twenty yards, and stopped him; I told him he had stole the rope, I took him by the collar, and he threw the rope down, and then hawled me down; I got up, and took hold of the rope, and called out stop thief, and he was taken. (Produces the rope).

Q. Do you know whose property that rope is? - A. Yes, Mr. Scofield's.

Scofield. This is my rope, to the best of my knowledge, I had cut off several fathom the day before.

Prisoner. Scott was not present when I was taken.

Scott. I was the man that took him, with the rope upon him; only my being in another dress, very likely he does not know me.

Prisoner's defence. The rope was never in my possession; there were two other soldiers ran past me into the Tower, just before I was taken.

The prisoner called his serjeant, who gave him a good character.

NOT GUILTY .

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

Reference Number: t17971206-60

62. ANDREW LEVY was indicted for feloniously stealing, on the 4th of December , a black silk cloak, value 4s. a cotton gown, value 12s. a white dimity petticoat, value 3s. a muslin apron, value 3s. and a muslin handkerchief, value 1s. the property of Elizabeth Hughes , spinster .

JAMES HUGHES sworn. - I know nothing of the robbery; the prisoner lodged in my house at St. Paul's, Shadwell .

SARAH HUGHES sworn. - I am the wife of the last witness; the prisoner was a lodger with us, he slept out on Saturday night last, he came home on Sunday evening, he went out on Monday morning, to go to work as I thought; he came again at two in the afternoon, and said he would go up and lay down; he did not stay long before he came down again, and said he wanted to go backwards; first he went into the yard, and then came in again through the house, and went out; I looked at him, and I thought he looked more bulky than when he came in, I was very doubtful if he had not something more than belonged to him; I went up stairs, and found my daughter's box open, my daughter's name is Elizabeth Hughes ; I fetched my daughter home, and she examined, and missed the things named in the indictment; I missed the cloak, gown, and petticoat; my husband and I went after the prisoner, and found him at a public-house, the Turk's-head, in New Gravel-lane; we took him and brought him to the Justice's, and there was, found upon him the duplicates of the property.

EDWARD PRITCHARD sworn. - I am a pawnbroker, (produces the property;) I took in these articles of the prisoner last Monday, the cloak in the morning, and the rest in the afternoon of the same day, about four o'clock, he pawned them for eighteen shillings and sixpence. (The property was deposed to by Elizabeth Hughes .)

JOHN COOK sworn. - I am an officer, I produce the duplicates which I found in the prisoner's possession, and which applied to this property.

Pritchard. These are the duplicates I gave to the prisoner.

Prisoner's defence. I did not take them to make away with them, because I intended to take them out again, on the Saturday night.

GUILTY (Aged 38.)

Transported for seven years .

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

Reference Number: t17971206-61

63. MARY STEWART was indicted for feloniously stealing, on the 2d of December , a silk cloak, value 20s. the property of Sarah Swanscote , spinster .

SARAH SWANSCOTE sworn. - I am a servant out of place : On the 2d of December, I lost my cloak from the Cock and Owl, No. 10, Creechurch-lane, Leadenhall-street , it is a public-house, I lodged there; I went out about twelve o'clock after a place, I came home about one, pulled off my cloak, and put it upon the parlour table; Elizabeth Smith, the gentlewoman of the house, was going out, and begged I would take care of the house till her return; the prisoner at the bar came in for a pint of beer, I had seen her there for beer before; she paid me for the beer, and I took her money, and carried it into the bar; I do not know that she had any other opportunity of taking it, than while I took the money from the bar door to put it into the drawer.

ANR BROMLEY sworn. - I am servant to Mrs. Smith, who keeps the Cock and Owl, Creechurch-lane, Leadenhall-street; the prisoner came in for a pint of beer, I went down and drew the beer, and brought it up to her, I gave her the beer, and she went out very quick; I saw her go out at the door, and there was something hanging to her pattens, I thought it was her garter; she was crossing over the kennel, I picked the string up, and brought the ribbon in to Sally, this young woman, and asked her if it was not the string of her cloak, Sally said, yes, and she looked into the parlour out of the bar, and said, my cloak is gone, go after the woman; I went out after her to where she lived, in Booker's-gardens, and I asked a young woman that was sitting by the fire-side, where the woman was that came in with a pint of beer, and she denied her at first, but I said, I know she is here, because here is the pint of beer on the table, and while I was waiting, a young man came after me to see for me, and he asked her where the cloak was; the prisoner came out of the cellar, and he said, you have got the cloak, where is it; she said, indeed, I have not, you may search me; he said, it does not signify, for you have got the cloak; the prisoner then went down into the cellar, and brought it up, the young man went down with her.

- sworn. - I use the house, I heard the out-cry that the cloak was lost, I went after the girl to the house in Booker's-gardens; I said, mistress, you have got the young woman's cloak, you had better give me the cloak, it will be all settled, and you will not be hurt; I took the cloak to the owner, and she seemed perfectly satisfied.

JAMES GOBITUS sworn. - I am a constable,(produces the cloak;) I received it from Sarah Swanscote , I live opposite this public-house; they sent for me, I went to Booker's gardens and met both the other witnesses; I asked them which was the woman, and they took me to this house, which is a house of ill-same; I took her to Sally Swanscote , and she gave me charge of her. (The cloak was deposed to by the prosecutrix.)

Prisoner's defence. I kicked it before me, just by the bar door, as soon as I was told it was Sally's, I gave it up directly.

Court. Q. How far is the table from the bar door? - A.About a yard and a half.

GUILTY (Aged 40.)

Confined one month in Newgate , and fined 1s.

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

Reference Number: t17971206-62

64. DANIEL PAYNE was indicted for breaking out of the dwelling-house of Edward M'Glue , about the hour of four in the night of the 28th of November, and stealing a woollen great coat, value 10s. two kerseymere waistcoats, value 2s. two silk handkerchiefs, value 4s. a linen shift, value 3s. a linen shirt, value 2s. four metal candlesticks, value 5s. a copper tea-kettle, value 3s. and a pen-knife, value 2d. the property of the said Edward; and the indictment further stated, that he being in the same dwelling-house, burglariously did break the same to get thereout .(The witnesses were examined apart.)

EDWARD M'GLUE sworn. - I keep a house in an avenue, called Sharp's-alley, Smithfield ; I am a cabinet-maker by trade: On Tuesday the 28th of November, in the night, I was robbed; the prisoner at the bar, in company with a woman, came the day before to take a lodging, and about five o'clock the next morning, I was alarmed that my house door was open, I missed all the things that are named in the indictment; I sent my wife up to see who was gone out, and the prisoner and his wife were gone, I am sure the prisoner is the man, he was taken up on the Friday, and some of the property was brought forward.

Cross-examined by Mr. Knapp. Q. You are a cabinet-maker? - A. Yes.

Q. Do you follow any other line of business? - A.Carpentering.

Q. Any other? - A. No, none at all that I know of.

Q. You must know? - A. Not as I know of.

Q. You never were any thing else? - A. No, never.

Q. Were you ever in this Court before? - A. Yes, I was.

Q.Perhaps you were at the bar of this Court? - A. Yes, I was.

Q. It was a wrong accusation, no doubt - your wife was with you, was not she? - A. She was.

Q. What trade were you carrying on at that time? - A. No illegal trade, nor no practice.

Q. What were you charged with, it was very wrong I know? - A. If my Lord says it is lawful for me to tell you, I will.

Court. It is lawful.

Mr. Knapp. Q. What were you charged with, when you were at the bar? - A. What was I charged with, why, with robbing a man of some Bank-notes.

Q. A countryman, may-hap? - A. Yes.

Q. Was he a lodger of your's? - A. No.

Q. He did not sleep in your house? - A. Yes; one night, and enjoyed his property.

Q. Not long, though it seems - may-hap you have lodgers in your house at this time? - A. How should I know at this time in the evening - brow-beating me in this way, after I have been robbed and stripped.

Q. Give me a direct answer, have you any lodgers in your house? - A. No, I have not.

Q. How long is it since you had any lodgers in your house? - A. Why, last night.

Q. How many lodgers had you in your house last night? - A. How many had I, why, I had two.

Q. Men or women? - A.Women.

Q. Why, do you not keep a common lodging-house? - A. Yes.

Q. For women? - A. Yes, for women.

Q. Was that the only time that you have been in this Court, for frisking the countryman of some Banknotes? - A. Yes, to the best of my knowledge.

Q. Try your recollection now? - A.No, I will leave that to you.

Q. Were you ever in this Court before that time? - A. Have I ever been here before, yes, I have.

Q. What part of the Court had you the luck to be in then? - A.Where I stand now.

Q. Were you never at the bar but that time, when you and your wife were tried for robbing a countryman of Bank-notes in your house? - A. You will recollect it was by Clerkenwell-green that he was robbed.

Q. Oh, I beg your pardon, you took him upon the green to frisk him, did you? - A. The plain story is, I have been robbed.

Q.Let us see whether you are or not, that plain sort of man-how many times have you been at the bar of this court? - A. That is not material.

Q. Oh, yes, it is, very material, you may depend upon it? - A. I should be glad to know when you will have done with me.

Q. I dare say you would, but I have not done with you yet? - A. You will not get any thing out of me.

Q. How many times have you been at the bar of this Court? - A. I shall not tell you.

Mr. Knapp. Then I must apply to his Lordship.

Court. Q. You are bound to answer the question? - A. I will not.

Mr. Knapp Q. But you must? - A. Why, I have been here twice, and if I had not been acquitted, I should not have been here now.

Q.Then what did you mean by telling the Jury you had been there but once? - A. You want to expose me.

Q. Has it always been your good luck to be acquitted? - A. Yes.

Q. Look round a little to the right - do you know Mr. Townsend? - A. Yes, I do.

Q. He is a very remarkable man - upon your oath, do you mean to swear that you have never been convicted? - A. No, never.

Q. Will you swear that, in the face of Mr. Townsend? - A. Yes - the fact is, I have lost my property.

Q. Upon your oath, have not you been convicted? - A. I know nothing at all about it.

Q. Upon your oath, have not you been convicted? - A. If you talk to me for an hour, it is of no use.

Q. It seems to be of very little use, for your character is sufficiently exposed? - A. That is very immaterial to me.

Q. Upon your oath, have you never been convicted? - A. To please you, I will say, I have been convicted.

Q. You know, you have indicted this man at the bar for a burglary, did not you? - A.I know the man is indicted.

Q. Do you not know that you have indicted him for a burglary? - A. Yes.

Q. Perhaps, as you have been here before, you know the slang phrase a little? - A. No.

Q. Don't you know, that for a burglary, there is a little trifling reward of forty pounds? - A. I never had an instance of it.

Q. You never had the luck of it yet, and you won't to-day, I promise you-You never heard of a reward upon the conviction of a man for burglary? - A. I must be stupid if I had not.

Q. You came here for the public good, no doubt? - A. Yes.

LEVY OBORSE sworn. - I belong to the Public-office. Hatton-garden: On Friday, the first of this month, I went to Greenwich in pursuit of the prisoner, I enquired for him in the London Militia, I found him in bed at the Crown and Sceptre, about ten o'clock; I asked him if his name was Payne, and told him he must go with me; I found upon him twelve duplicates,(produces ten of them), the pawnbroker has the other two; he took me to a pawnbroker's, where I found two silk handkerchiefs, and two waistcoats.

Cross-examined by Mr. Knapp. Q. He had no woman with him when you apprehended him? - A. No; there was a woman taken up the same day as the robbery, but I do not know her name; she is out-side the door.

Q. You know this is an indictment for a burglary? - A. Yes.

Q. You may, perhaps, have had a part of the reward for burglaries? - A. No, I never had.

Q. You know there is such a thing as a reward? - A. Yes.

Q. Did you know M'Glue before? - A. Yes; I have heard that he has been here before; but I have not been long in this line.

Q. Oh, you are a sucking thief-taker, are you; you will do very well by and by -

Court. (To M'Glue.) Q. Who was the last up in the house that night? - A. I was.

Q. How were the doors fastened? - A. By a drop latch.

Q. Will you say that you fastened the out-door latch? - A. I won't take upon me to say that I did; nor the inner one could not have been fastened.

SAMUEL BURRELL sworn. - I am an officer belonging to St. John's, Clerkenwell; I was with Oborne when he apprehended the prisoner at Greenwich; I know no more of it than he does.

Cross-examined by Mr. Knapp. Q. You know there is a forty pounds reward, I suppose? - A. No, I do not.

Q. You never heard of it? - A. No.

Q. How long have you been an officer? - A. Eight years.

Q.And never heard of the reward? - A. Yes; but I never had any.

Q. You generally hunt in couples, and then there is a slice of the reward for each? - A. Yes.

RICHARD SLAUGHTER sworn. - I am a pawnbroker, at Greenwich, I know the prisoner very well: On the 29th of November, he brought me two silk handkerchiefs, and on the 1st of December, the prisoner and a constable came and redeemed them; the prisoner paid me the money, and, I believe, the runner took the handkerchiefs off the counter. (Produces the duplicate).

Oborne. I cannot say whether that is the duplicate I had from the prisoner, there is no particular mark upon it, it is like it.

Slaughter. Cross-examined by Mr. Knapp. Q.The handkerchiefs that were pledged with you, you delivered to Oborne? - A. Yes.

Q.The handkerchiefs that you afterwards saw, at the Magistrates, you will not undertake to swear were the same? - A. Certainly I cannot; they are what we call a bird's eye pattern; there is nothing in the world more common.

Court. Q. The handkerchiefs that were pledged with you, by the prisoner, you delivered to Oborne? - A. Yes.( William Harker , another pawnbroker, produced two waistcoats, but would not swear that he had them from the prisoner).

MARY- ANN WILLIAMS sworn. - I can swear to this handkerchief, there are two little spots of blood upon it, and two little holes.

Cross-examined by Mr. Knapp. Q. Your name is Mary- Ann Williams ? - A. Yes.

Q. It is not Mrs. M'Glue? - A. My name is not Mrs. M'Glue, I am only a servant.

Q. You are a maid of all work. - Those handkerchiefs, then, are Mary-Ann Williams's property? - A. One of them was mine, I wore them both, but the other is M'Glue's.

Q. It is a great mistake, then, if M'Glue should have called you his wife? - A.Certainly I am not his wife; and many a person of credit does so; many people live with one another more than is married; I don't know whether you are married or not.

Q. Then whoever has said you were his wife must be mistaken? - A. I am not his wife.

Q.How long have you been maid of all work to M'Glue? - A. Almost sixteen years.

Q.Have you always lived with him in Sharp's alley? - A.No.

Q.Have you always lived with him during that time? - A. No.

Q.There is a very pretty country house in Newgate-street - do you know Newgate? - A. I do not know I am sure.

Q. You know you are pretty near it now - Did you never spend any part of your summer in Newgate? - A. No. - Oh, yes, I was here a little time ago; the more is the pity.

Q. You have been in Newgate with him then? - A. Yes.

Q. More than once? - A. No, not with him.

Q. Were you never there by yourself? - A. I don't know.

Q. Yes, you do - Have you not been in Newgate by yourself? - A. I cannot say.

Q.Have you never been in Newgate with anybody but this gentleman, Mr. M'Glue? - A. No.

Q. Were you never where that soldier stands? - A. Yes, I have.

Q. With M'Glue? - A. Yes.

Q. With any body else? - A. I do not know.

Q. Upon your oath, who have you been at that bar with, besides M'Glue? - A. I don't know the woman's name I assure you.

Q. What was it for? - A. For robbing a man from my place.

Q. Have you been there more than once? - A. Yes; twice.

Q. Twice, singly? - A. I never was there singly by myself.

Q. Have you not been with ladies at that bar? - A. I have been twice, I believe, at that bar.

Q. Suppose we say three times, should we be wrong? - A. I do not know.

Q. Upon your oath, have you not been there so often, that you cannot tell how many times? - A. Yes, I can.

Q. Now stretch your memory a little - will you swear you have not been half a dozen times at that bar? - A. Not here.

Q. Then let us travel into the country - have you been at Clerkenwell, the new sessions' house? - A. Yes, I have been there.

Q. How many times have you been convicted there? - A. Once.

Court. Q. What for? - A. For keeping a nuisance.

Mr. Knapp. Q. Do you know a person of the name of Richard Clarke ? - A. Not to my knowledge.

Q. Did you never live with a person of that name? - A. I have lived with M'Glue for almost sixteen years.

Q. Did you keep company with a person of that name? - A. I might.

Q. Do you not know what has become of him? - A. No.

Q. Don't you know that he happened to take a sudden trip into the other world, that is in plain English, that he was hanged? - A. No; I did not know it.

Q. Did you never know that he was in Newgate? - A. Yes.

Q. Poor Richard is gone into the other world, and you never heard of it? - A. No.(One of the waistcoats was deposed to by the prosecutor).

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

NOT GUILTY .

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

Reference Number: t17971206-63

65. BENJAMIN NOKES was indicted for that he, on the 26th of October , a piece of false money, counterfeited to the likeness of a good half guinea, did utter to one William Gooding , knowing it to be counterfeit .

There were two other Counts, For uttering two other counterfeit half guineas, on the same day, to the said William.

And a fourth Count, For uttering on the same day, to the said William, a counterfeit half crown, knowing the same to be counterfeit.(The case was opened by Mr. Knowlys).

WILLIAM GOODING sworn. - Examined by Mr. Ward. On the 26th of October last, the prisoner came to me, between six and eight o'clock; I had often seen him before, and dealt with him a great many times; he came to buy a peck of oysters, the price was half-a-crown; he gave me a straight new half-guinea, and I gave him change out of it; in a short time after, he came a second time, for another peck of oysters, they were natives, the price was seven shillings and sixpence, and he gave me another new half-guinea, which was crooked; I gave him three shillings in change; and he came again a third time, for another peck of oysters, at half-a-crown, he gave me another new crooked half-guinea, and I gave him eight shillings out of that; he came again, a fourth time, for another peck of common oysters; he gave me a half-crown piece, which was a bad one, I returned it to him again, and he gave me another half-crown in the room of it, immediately, which was good; I cannot be certain whether it was two shillings ans sixpence or half-a-crown; I saw nothing more of him, but I went about eight o'clock to breakfast, and then we always take an account of our money; upon looking over them, I found three half-guineas that were bad.

Q. Do you know how much money you had first in the morning? - A. No; we always begin afresh in the morning, with an empty bag.

Q. Do you know how much you had at eight o'clock? - A. I cannot say, it might be two or three pounds.

Q. How many new half-guineas had you? - A.Only three; I had but two more, and those were old ones.

Q. Have you any doubt that these three half-guineas were the half-guineas you had taken of the prisoner? - A. I knew them directly, when I came to overhawl them again; I immediately went round Billingsgate, to look for him, and saw him standing upon the quay; I went to him, and asked him how he came to give me so much bad money, and he said, he had given me none; I told him, he certainly had; the oyster-meters came up, and Mr. Parrot, an oyster-porter, who searched him, had found a bad half-crown upon him; and then they sent for an officer, and took him away; I saw a bad half-crown found upon him, and some silver and gold, and a Bank-note; I do not know how much; the bad half-crown was found in a paper by itself; the officer can give a better account of what other money he had than I can.

Q. Do you know whether the half-crown that was found upon him, was the half-crown that he had offered you before? - A. It was very much like it; there was no other half-crown found upon him.

Cross-examined by Mr. Alley. Q. The prisoner is what is called a bobber? - A. Yes; people who do not know the way to go down, employ these men to buy them for them, and they give them a penny a time.

Q. Therefore there was nothing wonderful in his comeing to you for a second, third, fourth, or tenth peck? - A. Not at all.

Q. You had a pretty brisk market that day? - A.No great deal.

Q. You sold a great many oysters to other people, I suppose? - A. Yes.

Q. All the money you receive, you put indiscriminately into your bag? - A. Yes.

Q. This poor fellow has been long employed upon the quay, you had no suspicion of him, and therefore you put them into your bag? - A. Yes.

Q. Was this half-crown in the paper in his breeches pocket, or his fob? - A. I do not recollect.

Q. Did he not say that he had put it there, wrapped up in a paper, because he would not offer it to anybody? - A. He might, but I cannot say.

Q. You went to breakfast, and when you returned, you found him at his work upon the quay? - A. Yes.

Q. Had he time to shift any thing? - A. No.

Court. Q. He had while you were gone to breakfast? - A. Yes.

Mr. Alley. Q. But not after he was apprehended? - A. No.

Q. How many half-guineas had you taken in the course of that morning? - A. Only five.

Q. Can you tell where you got the other two from? - A. One of them I do.

Q. Had you the bag yourself, or did you deliver it to your partner? - A. No, I did not; we count the money and put it down upon a piece of paper, to see how much we have taken.

Q. You have known this man upon the quay many years? - A. I have not come there above a year.

Court Q. Are you certain that the prisoner is the man you took the three half-guineas of? - A. Yes; I am.

THOMAS PARROTT sworn. - Examined by Mr. Knowlys. Q. I measure oysters for the meters: I was coming up the ladder, and Mr. Gooding, and a meter, had got the prisoner talking to him about some bad half-guineas; the prisoner said he did not give them to him; I searched him, and found this bad half-crown wrapped up in a piece of paper, in his fob.

Q. Was the rest of the money you found about him

good? - A. I believe it was; I returned it to him; I kept the half-crown till I got to the Lord-Mayor, and then it was given to the constable, Giles Bolland.

Cross-examined by Mr. Alley. Q. You found the half-crown in his fob? - A. Yes.

Q. I believe he has been a long time on the quays? - A. Yes; two or three days one week, and two or three days another.

GILES BOLLAND sworn. - I apprehended the prisoner close to the dock, on the 26th of October: I did not search him there, but going along, he gave me three guineas, two half-guineas, and a pound note, which were all good, he desired me to take care of them; Mr. Gooding gave me three half-guineas, (producing them); I have had them ever since; and Mr. Parrott gave me a half-crown. (Producing it).

WILLIAM PARKER sworn. - Examined by Mr. Knowlys. I am a silversmith: These half-guineas are all counterfeit.

Q. Do they appear to be of the same manufacture? - A. I have not the least doubt of it.

Q. Where is the defect in them? - A. They are light; they are not worth a farthing a-piece.(Mr. Alley addressed the Jury on the part of the defendant).

For the Prisoner.

JOHN M'DANIEL sworn. - Examined by Mr. Alley. I am a dealer in liquors, in Gravel-lane: I have known the prisoner about two years and a half, he used to bring me silver and gold to change, at many times, and never gave me any bad that I ever knew; he has brought me six guineas, and five guineas at a time, in silver, and sometimes a guinea and a half, but never gave me any bad.

Court. Q.Where do you live? - A. In Gravel-lane.

Q. What gold? - A. I have given him a guinea at different times for half-guineas, because he said he should want them for silver.

Q. How many at a time? - A. Two at a time, never more.

Q. What business is he? - A. He gets his bread at Billingsgate.

Prisoner. I am what they call a bobber, and a porter, and have been twenty-five years.

EDWARD LEWIS sworn. - I am a publican, near Gravel-lane: I have known him two years and a half, or three years, he is a very honest man; I never heard any thing to his prejudice in my life.

Q.What is he? - A.From what I can hear of the neighbours, he is a bobber, and plies at Billingsgate.

GUILTY .

Imprisoned one year in Newgate .

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

Reference Number: t17971206-64

66. JAMES BARNARD and JOHN BRISCOE were indicted for a conspiracy .

Both NOT GUILTY .

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

Reference Number: o17971206-1

Mr. JUSTICE GROSE, and Mr. BARON PERRYN delivered the OPINIONS of the TWELVE JUDGES upon the following Cases.

RICHARD FULLER 's CASE.

MR. BARON PERRYN.

RICHARD FULLER , you were tried in July last, upon an indictment for maliciously and advisedly endeavouring to seduce Matthew Lowe, he being a person in the King's land service, from his duty and allegiance. There was a Second Count for endeavouring to incite the said Matthew Lowe to commit an act of mutiny, and to commit traiterous and mutinous practices.

This indictment was laid in the very words of the Act of the 37th of his present Majesty, chap. 17. Upon a full and impartial trial, you were convicted of the offence, but your sentence was respited, on account of your Counsel taking several objections in arrest of judgment, which were to be decided before that sentence could be passed, and I am now to deliver the opinion of the judges upon that case, which has been argued before them very learnedly by your Counsel, before all the Judges in the Exchequer Chamber in Westminster-Hall.

In this case, three objections were taken in arrest of judgment, First, that the indictment does not state in what manner, and by what means you did endeavour to seduce, to entice, and to stir up Matthew Lowe from his duty and allegiance. The second objection was, that it should have been averred in the indictment, that you knew that Matthew Lowe was a soldier. The third objection was, that the second Count of the indictment comprehended the other two, that is an endeavour to entice, and stir up to commit mutiny, and to stir up, to commit traiterous and mutinous practices. These were the several objections in arrest of judgment, and the Judges have delivered their opinions upon those objections. The first is, that the indictment does not state in what manner, and by what means you endeavoured to seduce, entice, and stir up Matthew Lowe, from his duty and his allegiance.

In the argument of this case, on your behalf, this was spoken of as a supposed analogy to the case of false tokens. The answer to this objection is, that the endeavour to seduce, to entice, and to stir up, though it is a conclusion from an infinite variety of facts and circumstances, is but a conclusion of fact, which in itself admitted of no definition or description, that the fact is fully expressed by the mere word endeavour, and can

only be expressed by that word, like the words conspire, maintain, aid, and abet, which in indictments for conspiracies sufficiently express the offence charged in the indictment, without circumlocution, and without shewing by what manner, and by what means the conspiracy, maintaining, aiding, and abetting, and so forth, was produced. We are therefore of opinion (and there was no diffension among the Judges) that this objection is not sufficient to arrest the judgment.

The second objection was, that it should have been averred in the indictment, that the prisoner knew that Matthew Lowe was a soldier. The argument urged by your Counsel, in support of this objection, that the prisoner could not be guilty of the offence charged, unless he knew that the man was a soldier, suggests an answer to the objection that is necessarily included in the charge itself, of endeavouring; but a full and satisfactory answer to the Judges, is, that the word advisedly is in the indictment, which is at least equivalent to the word scienter, and several cases were cited to shew that the word advisedly was sufficient without any circumlocutions therefore, we are of opinion, that this objection cannot hold.

The third objection is, that in the second Count in this indictment, are comprehended two distinct offences. It will be found a sufficient answer to this objection, that the charge might have been branched into several offences, the whole may be no more than parts of one fact of endeavouring, which must be stated in the manner in which it is stated; but in the circumstances in which you now stand convicted upon the first Count of the indictment, to which no sufficient objection has been takes, and upon which, judgment must be pronounced against you, it is not absolutely necessary, that the Judges should have decided upon this last objection.

Upon the whole, we are of opinion that there is no sufficient ground to arrest the judgment, and that, consequently, sentence should pass upon you.

Reference Number: o17971206-2

THOMAS BROWN 'S CASE.

Mr. Justice Grose, after stating the case (for which see the tried) proceeded as follows.

The Jury found Parkes guilty of signing the note in question, and you of uttering it, knowing it to have been forged, with intent to defraud William Hulls . The Counsel for you and Parkes took a number of objections, that the name, Thomas Brown , is a real name; that it was not a forgery in Parkes signing the name of Brown, with Brown's consent; that if Parkes was not guilty of forgery, Brown could not be-guilty of uttering, knowing it to be forged; that the representations of Brown ought not to affect Parkes, who was not acquainted with the circumstances under which he uttered the note.

With respect to you, the questions are simply two, the first is, whether the note mentioned in this case was a forgery, and if it was, whether you uttered the note knowing it to be forged; for, undoubtedly, there was no evidence at all to go to the Jury that you forged it yourself; therefore the questions are, whether the note was forged, and whether you uttered it knowing it to be forged.

Now as to the first question, the definition of forgery is the false making a note, or other instrument, with intent to defraud; the false making may consist either in putting the name of a man upon a note, who does not exist, or of a man who does, as was the case of Bolland in the year 1772, and was the case of Tust in the year 1777; or putting the name of a man who does exist, without his consent, and uttering it as his, with intent to defraud. The present is among the first class of cases. A note is produced, dated Ruighton, Salop, supposed to be drawn by one Thomas Brown for himself and Company, by which he promises to pay five guineas to the bearer, at Messrs. Down, Thornton, and Co. bankers, London. The note is found in your hands, and you paid it away for a valuable consideration to Hulls, the shoe-maker, not as your own note, but as the note of a brother of that name. Now, no such brother exists; then it is the false making of a note of a non-existent person; and it is equally a forgery, whether the non-existing person is described as bearing the name of the person uttering the note. or another name, as a man of the name of Thomas Brown , uttering a forged note, describing it as the name of another, is equally guilty of a forgery, as if he had uttered one signed by any other name whatever. This is an answer to the first objection that the name is your name.

The second objection is, that it was no forgery to sign the name of Thomas Brown with Brown's consent; the answer is short-no such person existing, there could be no such consent; I say, no such person existing, for the Brown, whose name is to the note, according to that note, was resident at Ruighton, Salop, was a correspondent of Down, Thornton, and Company, and had money in their hands. Now there is no such person resident at Ruighton; there is no such person of that name who was a correspondent of Down, Thornton, and Company, and no person of that name who had money in their hands; therefore no person appears to exist, such as was described by you; on the contrary, as far as the evidence goes, it appears that no such person did exist; and your obvious intention was to get by fraud a quantity of boots and shoes for this note, from a man of the name of Hulls; therefore this, according to the true definition of forgery, is the false making of a note, in the name of Thomas Brown , who does not appear to have existed, with intention to defraud.

The only remaining question is, whether you uttered it, knowing it to be forged; that you uttered it, is proved by Hulls; that you knew it to be forged, all the evidence is strong to prove, or else why did you say it was your brother's draft - that he was an agent in the 17th regiment - that you should see your brother presently - that the note was to be paid out of the money lodged in the hands of Down, Thornton, and Free, when no money was there lodged - and why did you appoint Hulls to meet you at three o'clock in the afternoon at Mrs. Drummonds, No. 10, Hart-street, Bloomsbury, no such person existing. These, however, were facts for the consideration of the Jury; the Jury have taken them into consideration, and they have, as it seems to all the learned Judges, drawn the right and proper conclusion - their conclusion is, that you are guilty; but it is said, that if Parkes is not guilty of forgery, you cannot be guilty of uttering, knowing it to

be forged. The count, in the indictment, does not charge you with uttering the note, knowing it to be forged by Parkes, but only knowing it to be forged; therefore whoever it might be forged by, you uttering it, knowing it to be forged, are guilty of the offence charged, and the opinion of all the Judges is, that you must receive the judgment of the law

[Death. See summary.]

Reference Number: o17971206-3

NICHOLAS BRADY 'S CASE.

MR. JUSTICE GROSE.

You have been indicted for assaulting Charles Whateley , an officer of Excise, on shore, in the execution of his office, in seizing and securing to the use of the King, five hundred pounds weight of soap, liable to be seized by the said Charles Whateley as such officer, and unlawfully and violently obstructing him, so being on shore in the due execution of his office. There are other Counts to the same purpose; upon those counts you have been convicted, and, in the evidence, it appeared that the soap was seized in Essex, at a distance from the sea; and the question upon this indictment is, whether the obstruction of an officer of Excise, seizing of soap which was forfeited, and liable to be seized on shore, is an offence with in the 24th of Geo. III . cap. 47. sec. 15. - The 15th section of that Act has these words: "That from and after the 1st of October, 1784, if any officer or officers of his Majesty's Navy, or in the service of the Customs or Excise, being on shore, or going on board, or being on board, or returning from on board any ship, boat, or vessel, within the limits of any of the ports of this kingdom, or within four leagues from the coasts thereof, shall be hindered, opposed, obstructed, or assaulted in the due execution of his or their office, or duty, by any person or persons whatsoever;" then it says, "such persons may be taken up, and conveyed before a Justice of the Peace, and if convicted, is to suffer the punishment assigned in the statute." This is obviously intended to prevent smuggling, and in every respect protect the revenue; it says, "The laws are not sufficient to prevent the clandestine importation of prohibited goods, and goods liable to the payment of duty; it recites, that the mischief had increased to the great prejudice of the revenue, to the detriment of the fair trader, and to the endangering of the lives of the officers of the revenue acting in the due execution of their duty." - Then there are a number of clauses all made for the purpose of increasing the revenue, and benefiting the fair trader; at the end of those clauses comes the 15th section, (which is the subject of our enquiry) for protecting the officer in the execution of his duty, and punishing such persons as are guilty of obstructing them. The persons to be protected, are any officer on board his Majesty's Navy, or in the service of the Customs, or of the Excise. The these words, "Being on shore, or going on board, or being on board, or returning from on board any ship, boat, or vessel, within the limits of any of the ports of this kingdom, or within four leagues from the coasts thereof." And the time when they are not to be obstructed, is when they are in the due execution of their duty.

The first question then is, whether this officer was on shore within the meaning of the statute. It is said, that the Act was not meant to be extended to officers in the execution of their duty anywhere on land, but that on shore, according to this statute was to be confined to officers of the Customs, in the execution of their duty near the sea, and to prevent smuggling, that is, that it was to prevent offences against one part of the law, to secure the revenue by the customs, but that it did not meddle with that part of the law that secured the revenue by the Excise. But the Judges are all of them of opinion, that the general words in the enacting clause are not to be restrained, and that they are to be taken according to their general import, that the intention of the legislature was, that all officers on board the navy, in the Customs, or Excise, anywhere at land or on the sea, or within four leagues of the coast, are within the clause, when they are in the due execution of their duty, whether it is in preventing smuggling, or securing the duties upon soap, or other articles of excise, by which the public revenue may be increased, such is the natural import of the words, and any other construction would do violence to the words, and defeat the intention of the legislature who were in this act anxious to put an end to all the mischiefs that prejudiced the revenue, of which mischiefs the clandestine removal of soap is undoubtedly one.

Mr. Knowlys as Counsel for the Crown, observed very properly, that the Excise is an inland duty on shore, and if it were not taken in the sense in which the Judges now give it, it would be extraordinary that Excise-officers should be mentioned at all; for the construction put upon the statute by the Counsel for the prisoner, makes it a protection for Custom-house-officers only, and not for Excise-officers. This seems a strong argument to prove, that in the use of the word shore, the legislature meant land generally, and to comprehend officers appointed to secure the payment of the inland duties, as well as of the customs.

The only remaining question is, whether Mr. Whateley was in the execution of his duty. The answer is this, and it is a short one, that the soap duty is under the officers of Excise, that he was an officer of Excise, that this soap was forfeited, was on shore, was in the predicament of being illicitly removed, as an officer of Excise; he, together with those who were with him (for they were officers of Excise too) were bound to seize it, because, by the Act of Parliament it was forfeited; they were in the act of seizing, that is, they were in the act of executing their duty, they were obstructed by you and others in a most forcible, violent, and lawless manner; that obstruction is the very offence mentioned in the 15th section of this act, and is contained precisely in the charge in this indictment. The Judges are therefore of opinion, that you being convicted of this offence, are subject to such punishment as the Court may think fit.

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: s17971206-1

The SESSIONS being ended, the COURT proceeded to GIVE JUDGMENT as follows:

Received sentence of Death - 6.

Robert Franklyn, Robert Penn , alias Fish, Richard Fuller ,

William Smith, alias Flint, William Wade , Thomas Brown.

Transported for fourteen years - 1.

William Nixon.

Transported for seven years - 13.

Benjamin Packford , William Clark, John Brown,

James Ball , Mary Vallence, Andrew Levy,

Elizabeth Moor , Margaret Gill , William Lucas,

Henry Cam , William Baines , William Murrell,

Sarah Best .

Confined twelve months in the House of Correction, publicly whipped, and discharged - 2.

Henry Pedder , John Seton .

Confined twelve months in the House of Correction, and fined 1s. - 5.

John Martin, Thomas Hillier,

Mary Duff, Nicholas Brady,

And (in Newgate) Benjamin Nokes .

Confined six months in the House of Correction, publicly whipped, and discharged - 1.

John Newell .

Confined six months in the House of Correction, and fined 1s. - 4.

Richard Green, Hugh Hughes,

Mary Price, Hannah Wright.

Confined three months in Newgate, and fined 1s. - 3.

John O'Brien , Isaac Abraham, Job Powell.

Confined one month in Newgate, and fined 1s. - 2.

Edward Smith, Mary Stewart

Confined two weeks in Newgate, and fined 1s. - 2.

John Harris, Elizabeth Fayler.

Publicly whipped, and discharged - 1.

William Lansdowne.

Privately whipped - 1.

James Starling.


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