Old Bailey Proceedings, 10th January 1798.
Reference Number: 17980110
Reference Number: f17980110-1

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY OF LONDON, AND ALSO, The Gaol Delivery FOR THE COUNTY OF MIDDLESEX, HELD AT JUSTICE-HALL, IN THE OLD-BAILEY, On WEDNESDAY the 10th of JANUARY, 1798, and the following Days, BEING THE SECOND 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.

1798.

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; JOHN HEATH , Esq; one of the Justices of His Majesty's Court of Common Pleas; Sir ALEXANDER THOMPSON , Knight, one of the Barons of His Majesty's Court of Exchequer; Sir SOULDEN LAWRENCE, Knight, one of the Justices of His Majesty's Court of King's-Bench; Sir JOHN WILLIAM ROSE, Knight, Serjeant at Law, Recorder of the said City; JOHN SILVESTER , Esq. Common-Serjeant at Law of the said City; and others, His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Goal Delivery of NEWGATE, holden for the said City and County of MIDDLESEX.

London Jury.

Edward Green ,

Thomas Walker ,

John Jacob ,

Edmund Norman ,

John Miller ,

James Yates ,

Henry Harrison ,

John-James Smith ,

Edward Ely ,

Richard Tomlinson ,

Benjamin Barrett ,

Daniel Inwood .

First Middlesex Jury.

Martin Robinson ,

Frances Feather ,

Solomon Erwood ,

Charles Charlesworth ,

Joseph Watkins ,

Hugh Russel ,

Edward Powell ,

James Scarlett ,

William Phillips ,

Thomas Griffiths ,

Joseph Simpson ,

Cornelius Pass ,

Second Middlesex Jury.

Samuel Acton ,

William Smith ,

William Napier ,

John Norborn ,

Edward Bradney ,

Joseph Edwards ,

Thomas Adcock ,

Thomas Grindall ,

Thomas Soley ,

Samuel Wilson ,

John Harris ,

James Mansfield .

Reference Number: t17980110-1

67. STEPHEN REYNOLDS was indicted for feloniously stealing, on the 20th of July , two cows, value 20l. the property of Peter Henderson , Esq. (The case was opened by Mr. Raine.)

PETER HENDERSON , Esq; sworn. - Examined by Mr. Raine. On Wednesday the 19th of July last, about half an hour past nine in the evening, I was in a small field, part of my premises, at Bedfont , where these cows were; I was the last person in the field, I shut the gate which goes to the common, I went next morning and they were gone; I found the gate taken off the hinges, and on the ground; I dispatched two men in every direction, I advertised them, and heard nothing of them till September; I went down to Edmonton, and there I found my cows in possession of the constable, William Goddard ; I owned the cows before Mr. Jackson, they were then in a field belonging to John Kennington, who is here.

Cross-examined by Mr. Knowlys. Q. You knew nothing of the prisoner before? - A. No; I did not know any such man was in existence.

Q. They were not found till September? - A. No.

ROBERT PURNELL sworn. - Examined by Mr. Raine. I am the keeper of Chelmsford Jail; in consequence of an information, I went to Edmonton in September last; I had a warrant from the Rev. Henry Bate Dudley, which I took to Lambeth-street, and had it backed by Rice Davis, Esq; the Magistrate; I apprehended him on the 16th of September; on the Monday morning the 17th, I went to Edmonton again, where I found six cows, I put them into possession of the constable, William Goddard, among them were the two that were claimed by Mr. Henderson; I had one of his hand-bills put into my hand on the 19th.

Q. Do you know, of your own knowledge, who gave the information that led to the warrant? - A.Michael Read, who is in my custody as an accomplice.

Court. Q. You do not know, of your own knowledge, that they were upon his premises? - A. A woman at Stephen Reynolds's house gave me the key to unlock the gate.

Cross-examined by Mr. Alley. Q. You do not know, yourself, that it was Stephen Reynold's house? - A. I asked a woman that I saw there, she said her name was Reynolds, and that Stephen Reynolds was not at home.

Q.Read, to save himself, after he was in custody, gave the information? - A. Yes.

WILLIAM GODDARD sworn. - Examined by Mr. Raine. I am a constable at Edmonton; in September last, I received two cows from Mr. Purnell, out of a field belonging to Robert Jones , Esq;

Q. Do you happen to know who rented that field of Mr. Jones? - A. Stephen Reynolds, as I was informed.

Q. You received these two cows, in this field, from the last witness? - A. Yes; I delivered them a few days afterwards to Mr. Henderson.

Cross-examined by Mr. Knowlys. Q. You did not know, but by information, that Reynolds rented that field? - A. No.

Mr. Raine. Q. Where did you put the cows before you delivered them to Mr. Henderson? - A. In a field belonging to the Horse and Groom, Mr. Kennington's.

JOHN KENNINGTON sworn. - I keep the Horse and Groom at Edmonton: The last witness brought me two cows, which I delivered to Mr. Henderson, he came to my house and claimed them.

Q. Did you know from what field these cows were brought? - A. No.

ROBERT JONES , Esq. sworn. - Examined by Mr. Raine. Q. Do you know the prisoner at the bar? - A. I do.

Q.Was he at any time a tenant of your's? - A. I believe he was.

Q. Do not you know? - A. I did not let it; he might; somebody had the after-grass till Michaelmas, but I cannot say who it was that had it.

JOHN MELTON sworn. - Examined by Mr. Raine.

Q. Do you know the field from which Goddard took two cows, at Edmonton? - A. Yes.

Q. Do you know who rented that field? - A. I cannot tell.

Q. Did you ever happen to see the prisoner at the bar there, or thereabouts? - A. Yes.

Q. Did you ever see him milk these cows? - A. Yes.

Q.Have you seen him do that often? - A. Yes.

Q. Did you ever see him unlock the gate of that field? - A. Yes.

Court. Q. Did you see him drive them in and out? - A. Yes.

Cross-examined by Mr. Alley. Q. Were you with Goddard at the time he took the cows out of the field? - A. Yes, I was.

Q. You had been in the field yourself, and other people, as well as Reynolds? - A. Yes.

Court. Q. Who have you seen milk the cows? - A. Mr. and Mrs. Reynolds.

Prisoner's defence. I have sufficient witness that I came honestly by them.

Mr. Knowlys. (To Mr. Henderson.) Q.How far is Edmonton from Bedfont? - A. About sixteen miles.

For the Prisoner.

JOHN DEAN sworn. - I live at Southgate: I looked after the Woolpack public-house for a man in distress.

Q. Do you remember any cattle coming to that house at any time? - A. Yes, four or five, about the latter end of July, as near as I can judge; there were two cows, I did not particularly notice them, but there was a fat beast.

Q.Who was the person that brought them to your house? - A. I do not know his name; I never saw him but once before.

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

Q.Was he the person that brought them there? - A. No, the man seemed to be a drover; and he wanted the cows to be in the yard a little while, while he went round to the gentlemen's houses to see if he could sell them.

Q. About what time was it? - A.Between ten and eleven in the morning; he was gone an hour and a half, or two hours, and then came back with the prisoner.

Q.How far is the prisoner's house from your house? - A.About two miles and a half; they went into the yard and looked at the two cows that were in the yard, and Reynolds asked him the price, and he asked him twenty-two guineas for them, and he bid him twenty pounds, he would not let him have them; he then dropped to one-and-twenty, and the man persuaded me to get him to have them, because they were a good bargain; I told him, then he must drop half-a-guinea lower; at last they agreed for twenty-one-guineas.

Q. Did you see him pay for them? - A. No.

Q. Have you ever seen these cows since? - A. Yes; they went away together, and drove them towards Edmonton; the drover said he had got more cattle on the road that he wanted to meet; I saw these cows yesterday morning at Bedfont.

Q. Are they the same cows that the prisoner agreed with the drover for? - A. Yes, they are she same.

Q.Have you any knowledge of the value of cattle, to say whether it was a fair price? - A. No, I am no judge.

Cross-examined by Mr. Raine. Q. You did not see the money paid? - A. No.

Q.Perhaps you may know that, in point of fact, no money ever was paid? - A. No.

Q. Do not you know that this was a counterfeit sale? - A. I do not know it.

Q. You never heard any thing to cause you to believe that all that bargain was counterfeit? - A. No.

Q. Did you never hear any thing said to that effect? - A. No.

Q. You never heard any thing about it, whether it was counterfeit or real? - A. I never heard any talk about it, I think it was real, in my judgment, because I always believed him to be a very honest man.

Q. Where was it you saw these cows yesterday morning? - A. At Bedfont, a boy was driving them to the common.

Q. At what hour was it you saw them? - A. About ten o'clock in the morning.

Q. You were taken for the express purpose of seeing if they were the same cows that you had seen at your house? - A. Yes; I went down on purpose.

Court. Q. What were the marks of these cows? - A. One was a red and white pole cow, the other yellow.

Q. How long have you known the prisoner? - A.About three quarters of a year; I live two miles and a half from him.

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

Q.What is he? - A. I do not know; only he used to sell milk, and go to day-labour.

Q. Did you ever know him rent any quantity of land? - A. No; I never knew of any land that he had.

THOMAS BRASTER sworn. - Examined by Mr. Alley. I lived servant to Mr. Horwell, at the Bull, in Edmonton, in July last; a person sent me to Stephen Reynolds on a message, it was a droving-man that wanted to see him.

Q. Did the prisoner come to the drover? - A. Yes. I left Mr. Horwell's service, on the 24th, and this was a few days before.

Cross-examined by Mr. Raine. Q. You did not know the drover? - A. No.

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

Q. How long had you known him before that? - A. About a month.

Q. Do you know what land he rented? - A. No.

JOHN HORWELL sworn. - Examined by Mr. Knowlys. I keep the Bull, at Edmonton; Brasier lived servant with me in July last; he left me on the 24th.

Cross-examined by Mr. Raine. Q. Do you know the prisoner at the bar? - A. Yes; I have known him near upon two years.

Q.What line of life has he been in? - A.He followed the gardening business.

Q. Do you know whether he rented any quantity of land? - A. I know nothing at all of that, whether he did or not.

Mr. Alley. Q. Was he a man of good character? - A. I never heard any thing to the contrary.

EDWARD STANFORD sworn. - Examined by Mr. Alley. I am a gardener, I live at Edmonton; I have seen him often; in July, the night before he bought these cows, he and I came home together.

Q. Did you see him buy them? - A. No.

Court. (To Goddard). Q. Do you know the prisoner at the bar? - A. Yes.

Q. How does he get his livelihood? - A. He was a jobbing gardener, when I first knew him.

Q. What was he in July last? - A. He carried milk about.

Q. Did he rent any land do you know? - A. None that I know, but only that he had of Mr. Jones.

Court. (To Mr. Henderson). Q. Were cows of this description usually driven about to gentlemen's houses? - A. No; they were very valuable cows; at that time they were worth thirty guineas; cows at that time were very valuable.

GUILTY Death . (Aged 26.)

Tried by the first Middlesex Jury before Mr. Justice HEATH.

Reference Number: t17980110-2

68. MARGARET MURRAY was indicted for feloniously stealing, on the 6th of December , a canvas bag, value 1d. a guinea, a seven-shilling piece, and three shillings and sixpence in monies numbered, the property of John Powell , privily from his person .

JOHN POWELL sworn. - I belong to the General Post-office; I am in the Mail Coach-office, as guard : Last Saturday night, about twelve o'clock, as I was going from the office, with a basket on my shoulder, going home towards Hyde-park-corner, I had occasion to stop at the corner of a court, in Castle-street, Leicester-fields , the prisoner asked me to go and give her something to drink; I told her, no, it was time to go home; presently, I found her hand at the top of my basket; I found my small canvas bag that I had had in my pocket, at the top of my basket, loose; I heard something chink like money from her hand in her pocket; I accosted her, and said she had robbed me; she said, of what; I told her I would not tell her what she had robbed me of, till I had got her to the watch-house; I called the watchman, but could find none; I took her myself to the watch-house; I never let her hand go from her pocket till I got her there; I gave charge of her to the constable of the night, and told him she had robbed me of an old guinea, and a seven-shilling piece wrapped up in a piece of paper belonging to the Post-office, and some silver, three shillings and sixpence, or four shillings and sixpence, I am not positive which; the constable found all the property upon her according to my description, in her pocket; I left her there, and went to Bow-street on Monday; there was only two-pence halfpenny found in her pocket, besides my money; the seven-shilling piece was wrapped up in a small piece of a letter; what I found upon her was exactly what I missed.

Q. Where had your bag been before you lost it? - A. In my left hand breeches pocket; I did not feel it go; I had no suspicion till I heard the money drop in her pocket.

GEORGE DONALDSON sworn. - I am a constable of St. Martin's in the fields: On Saturday, the 6th of this month, the prosecutor brought the woman into the watch-house, he had hold of her right hand; he charged her with robbing him of a guinea and some silver; he said nothing about a seven-shilling piece, to my knowledge, at the time he charged her; I then took her down into the watch-house hole below, she was rather obstreperous, and I was obliged to get the beadle and watchman to hold each hand while I searched her pocket; in consequence of searching her pocket, I found a guinea, four shillings and sixpence in silver, two pennyworth of halfpence, and a seven-shilling piece covered up in this piece of paper, (produces the money); she said, there are three shillings of my own there; I then took her up stairs, and wrote the charge in the book; while I was writing the charge. she wished me to give him his money back, and let her go about her business.

Prisoner's defence. I was saving up my money to redeem some things; the guinea I had sent from a person in the City, towards getting my things again; and half-a guinea I had had a fortnight; going along I saw this man, he wanted me to go along with him, and I would not; and he pulled me about, and broke my apron-string; and the constable used me very ill; it was my own money.

GUILTY Death . (Aged 44.)

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

Reference Number: t17980110-3

69. CHARLES WILLIAMS was indicted for feloniously stealing, on the 23d of December , a cotton gown, value 10s. the property of John Salkeld , privately in his shop .(The case was opened by Mr. Knowlys).

JOHN BOYD sworn. - I am servant to Mr. Salkeld, in Fleet-street , a pawnbroker and silversmith : On Saturday night, the 23d of December, about twelve o'clock, I was at the other end of the shop from the prisoner at the bar; I came down and heard a dispute between one of the witnesses, Robert Peart , and the prisoner at the bar, respecting the duplicate, which he said he had not given him, of a coat that he had pledged; I pressed the prisoner very much, as it is very frequently the case, when we give a person a duplicate, that it falls over on their side;

I pressed him to look if it was there; he refused to look; I desired him to stand on one side and let me look; he refused; upon which I pushed him back, and saw the gown sticking between his legs; the push that I gave him pushed him back, and made him drop it from him; I immediately jumped over the counter, and seized him by the collar; says I, you rascal, you might well not move, when you had got this gown; says I, you are a thief, I shall give charge of you; I immediately sent for the watchman, Robert Hall.

Q. Did you at all perceive him take this gown? - A. I had not the smallest idea of it, I had had it in my hands not two minutes before; I had laid it upon a place that we have under the counter to be sent up stairs, and after we have done business the lad carries up the goods again; it was fetched down for a customer, it was the wrong one, and had not been carried up again.

Court. Then there is an end of the capital part; it is not a shop, it is a pledge, not an article for sale, and cannot come within the statute.

Mr. Knowlys. I thought so myself, my Lord.

Q. Was it within his reach? - A. Yes, just over the counter; I was going to the watch-house, I left him in custody of the watchman to go back for the gown; when I returned, I did not see either watchman or man, but was pursuing my way to the watch-house; just at the end of Chancery-lane I secured him, after a great deal of resistance.

Q. You were very much wounded with that resistance? - A. Yes, very much; my hand is not well now, it was sewed up in four places; and he cut me very much over the eyes.

The prisoner did not say any thing in his defence. GUILTY(Aged 20.)

Of stealing, but not privately .

Transported for seven years .

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

Reference Number: t17980110-4

70. JOHN FOOT was indicted for feloniously stealing, on the 6th of December, two ewe sheep, value 30s. the property of James Berry , Esq. (The case was opened by Mr. Raine).

JAMES BERRY, Esq. sworn. - Examined by Mr. Raine. I live on Sunbury-common, near East Bedfont: I did not know that I had lost any sheep till I had an application on the 7th of December from the constable of Staines; I sent my servant with the officer to Staines to look at the sheep; I was present when my stock was examined the next morning, about eight o'clock, when we missed two ewe sheep; the officer of Staines brought back the two sheep that I had lost about eleven o'clock the same morning.

Q.Were those your sheep that were so brought back? - A.They were; the prisoner at the bar has been employed by me for some time, but not at the time of the robbery; he was a shepherd employed by my farmer, and looked after them when they were sick.

Q. Who marked your sheep? - A. The prisoner marked them, and sheared them; the mark is a B surrounded by a ring.

Mr. Knowlys. Q. The prisoner was not a servant of your household? - A. No.

Jury. Q. Do you know of any other sheep with the same mark upon the common? - A. No.

EDMUND BETTS sworn. - I was employed in looking after Mr. Berry's sheep; we had them into Mr. Berry's yard, and counted them, about eleven o'clock on the Tuesday morning, we told them out at the gate, and put them on Sunbury-common; I was sent for on the Friday morning following to count them, and then I missed two ewe sheep, the same morning about eight o'clock, they were brought back again; I knew them to be the two that were missing, the mark had been picked out a good deal, but we could see it plain enough, it was a B in a round O; the prisoner was employed by Mr. Berry to look after them occasionally; he sheared them, and marked them.

Mr. Knowlys. Q. You know a little about age, perhaps-what age were these? - A. What we call two years sheep.

Jury. Q. How many sheep were there when you first counted them? - A. Twenty-three.

Q.How many were there afterwards? - A. Twenty-one.

Q. Where were they marked? - A. On each side, just behind the shoulder.

JAMES PAYNE sworn. - Examined by Mr. Raine. I am a butcher at Egham: The prisoner came, on Sunday the 3d of December, to the Nag's-head, at Egham, in company with his son, and sent for me from the King's-head, I was at a vestry; I went to him, his son was fuddled, and very rude, and I could not have any conversation with him; then he himself appeared to be very sober, I told him to come out of doors, I would have nothing to do with his son he was so rude; he accordingly came out, and told me he could help me to some mutton; I asked him whose they were, or what they were; he made me no answer to that, but said, he could help me to some at half its value; he then said, would I have them dead or alive; I told him I had rather have them alive, and then I could kill them myself; he said the sheep belonged to a gentleman, that they were turned out upon the common without counting, and he could help me to some at any time; he asked me how many I would have; I said two; he said, I might as well have three, and he would get them up on the Wednesday following;

I asked him at what time; and he said, at nine o'clock, at his house in Bedfont-lane, that was all that passed on the Sunday; accordingly I went on the Wednesday to the prisoner's house, having first gone to Sir William Gibbons , a Magistrate, to clear up the point, that I might not be thought to buy stolen goods; in the evening I took Bridger, the constable of Staines, with me, till I got near the prisoner's house; I left the constable in the neighbourhood, and went to the prisoner alone; when I got there, he said, I have been looking out for you some time, that was about nine o'clock; I asked him if he had got the sheep; he said, yes, they were in the stable; I followed him to the further end of the stable, and, in the stall, there were three sheep; he removed a truss or two of straw, and pulled one out, I went into the place and saw two more; he assisted me in putting the sheep into my cart; as soon as we had put them into the cart, I said, that we might have no words afterwards, I begged him to six upon the price; he said the price was to be a guinea for the three.

Court. Q. Was that a fair price? - A. No, not near the value of them; I then got into the cart, and drove away; when I had got to the turnpike, I stopped my horse, got out of the cart, and returned back to his house; I met him at the corner of the house, put a pistol to his breast, and told him he was my prisoner, he must go along with me; by that time the constable, Bridger, came up, and we took him, and put him into the cart along with the sheep, and drove to Staines; on Thursday, the 7th, we took him to Sir William Gibbons , he ordered him back to Staines as a prisoner, and desired the constable to endeavour to find out who the sheep belonged to; they were left in his hands, and the next day I went before Mr. Wood, the Justice.

Cross-examined by Mr. Knowlys. Q. How far is Egham from Sunbury-common? - A. As nigh as I can guess, about five miles.

Q. How far is the prisoner's house from Sunbury-common? - A. About a mile and a half.

Q. He sent for you from the vestry, on the Sunday, and told you, without any hesitation, making no secret of it, that he could get you sheep at any time? - A. Yes.

Q.And it was not till Wednesday that he was to get them up? - A. It was on the Wednesday.

Q. What did you understand by getting them up, getting them off the common? - A. Yes.

Q. I dare say as you had just come out of the church, that you had goodness and charity enough to say to him, why, no, don't you go and rob your neighbour? - A. No, I did not think any thing about it at that moment.

Q.You had just come from church, had not you? - A. No; I was at the public-house, I had not been at church that day.

Q. You did not think it a bad thing then, that he should steal his neighbour's sheep? - A. I thought it was a bad thing, and I thought it right to detect him.

Q. Did you tell him not to go on in that way, that it was bringing himself, body and soul, to destruction? - A. I did not think of giving him a caution at that time, because he had told me he had had some before.

Q. Upon your oath, did you give any information of it till the Wednesday? - A. No, I did not.

Q. Is there any body here from Sir William Gibbons 's, who heard you give that information? - A. Yes.

Q. You did not at all prevent the man from committing the offence? - A. It did not rest with me.

Q. Yes, it did, with any honest man-the constable did not go with you to the door? - A. No.

Q. He was not in sight when you took the sheep? - A. No.

Q. Is there any body here who saw the prisoner deliver the sheep to you, or are we to take that account from you only? - A. There was a boy there, but not at the time he gave me the sheep; Mr. Bridger might see it, for any thing that I know, for he was very near the spot.

Q.When the sheep were found by the constable, they were found in your cart? - A. Yes.

Mr. Raine. Q. You were at the vestry, though not at church? - A. Yes.

Q. You were there, I take it, upon parish business? - A. Yes.

Jury. Q. Have you known the prisoner some time? - A. Yes, I have.

PHILIP BRIDGER sworn. - Examined by Mr. Raine. I am headborough of Staines; I went with Mr. Payne, on Wednesday the 6th of December, to the prisoner's house, within about twenty yards, he went forward, and lodged the sheep in the cart, I was waiting opposite in the road, ready to take him, I saw Mr. Payne and him lifting the sheep into the cart; when Mr. Payne had got about forty yards from the house, he stopped his cart and returned to the prisoner's house; I came up while he and the prisoner were talking together, Mr. Payne put a pistol to his breast, and said, you are my prisoner, and I immediately assisted him to take Foot, we took him in the cart along with the sheep to Staines; we kept the sheep locked up on one side the headborough's house, and the prisoner on the other, I had the key; the next day, Thursday, I went to enquire for the owner of the sheep, I had seen a mark upon them of a B in a round O, which had been partly picked out, but

was very visible; I went to Mr. Berry's, and saw Mr. Greathurst his servant, who went with me to Staines; I shewed him the sheep, and he swore to them the next morning, before Mr. Wood.

WILLIAM GREATHURST sworn. - Examined by Mr. Raine. I am servant to Mr. Berry; on Tuesday the 5th, in company with Betts, I counted the stock, they were then all right, and on the Wednesday I went with Mr. Bridger to Staines, and there I saw the two ewe sheep that had been missing, they were in the stock-house, they had Mr. Berry's mark upon them, it had been endeavoured to be picked out, but was still visible; the next morning I went before Mr. Wood, (the witness produced the iron with which the mark had been made;) I tried the iron with the mark, and it corresponded with what remained.

Mr. Berry. This is the iron which the prisoner used for the purpose of marking the sheep.

The prisoner did not say any thing in his defence, but called six witnesses, who gave him a good character.

GUILTY Death . (Aged 55.)

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

Reference Number: t17980110-5

71. JAMES MACKNEAL was indicted for breaking and entering the dwelling-house of Richard Martin , no person being therein, about the hour of four in the afternoon, of the 3d of December , and stealing four silver tea spoons, value 6s. a pair of silver tea tongs, value 3s. a pair of silver kneebuckles, value 2s. and fifteen pounds in money, a Bank-note, value 5l. another Bank-note, value 2l. and another Bank-note, value 1l. the property of the said Richard .

Second Count. For breaking and entering the said dwelling-house, about the hour of nine in the night, of the 3d of December, and stealing the like goods, monies and notes.(The case was opened by Mr. Peat.)

JANE MARTIN sworn. - I live now in Ratcliff-highway, I did live in Brook-street, Ratcliff , at the time of the robbery: On the 3d of December, about one o'clock, I went out, I did not leave any body in the house; I returned about a quarter before ten at night; I left the door double locked, I fastened the shutters inside; when I returned, I found the house broke open, and my boxes all empty; they were all locked when I went out, the locks were not hurt; I missed some cash and notes, I cannot pretend to say how much, there was gold and silver; the notes were, some ones, some twos, and a five.

Q.When did that five pound note come into your possession? - A. I cannot say.

Q. You had no more than one five pound note? - A. I believe not.

Q. Did you ever see the notes again? - A. No.

Q.Have you never seen any of them since that day? - A. No.

Q. Where were these notes deposited? - A. I am no scholar, I cannot say.

Q. Recollect yourself, it does not require much scholarship to know where the notes were deposited? - A. What I had were together in the trunk.

Q. Did that trunk appear to be broke open that your notes had been deposited in? - A. It was open, I cannot say whether it was broke or not.

Court. Q. How do you know the notes were in that trunk? - A. Because I kept what little property I had in it.

Q. The number of notes and the value of them you do not know? - A. No, indeed, I do not.

Q. How do you know that you had any note to the amount of five pounds in that trunk? - A. I cannot say only from what I am told.

RICHARD MARTIN sworn. - On the 3d of December I went out to spend the afternoon, when I came home in the evening, I found the street door single locked, it has a spring-lock, my wife gave me the key; when I went in, I saw the boxes unlocked, and the clothes turned out and thrown on the floor, one was unlocked, and the other was broke open, it was a clasp outside, and that was wrenched.

Q. Do you know what was in it? - A. I cannot say to every thing, there were four silver teaspoons in a box, that my wife called a caravan; there were Bank-notes, ones and twos, and fives, they were mine; I left them in the box that was unlocked; I am in the public line, we do not always know exactly how much we have, there was a five pound note found upon the prisoner; I was present when he was apprehended, that was the next day.

Cross-examined by Mr. Knapp. Q. As you are in the public line, you are in the habit of taking ones, twos, and five pound notes? - A. Yes.

Q. And you deliver them over to your wife to take care of? - A. Yes.

Q. And you take no further particular notice of them, even this note that is about to be produced, you will not swear to? - A. No; I cannot swear to it.

NOT GUILTY .

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

Reference Number: t17980110-6

72. ELIZABETH HILLIARD , alias COX , was indicted for feloniously stealing, on the 21st of December , a satin bonnet, value 5s. and a velvet bonnet, value 10s. 6d. the property of Ralph Hall , privately in his warehouse .

RALPH HALL sworn. - I keep a warehouse, No. 62, Cornhill .

Q. Is it a private warehouse, or do you expose goods to sale there? - A. I expose goods to sale. On Thursday, the 21st of December, about seven o'clock in the evening, the prisoner at the bar came into my front shop.

Q. Look at the prisoner, and see if you are sure she is the person? - A. I am sure of it, I have known her for years; she came into the front shop, and went towards the back shop, I opened the back shop door to see who it was, and she said, I am come to order a bonnet on my own account, Mr. Hall; I asked her to walk up stairs, and I would shew her some; I went up with her, and shewed her several bonnets that were there, some of which she tried on, but being none that seemed to please her fancy intirely, I came down stairs where there were some more, and took them up to her; when I went up stairs again, I saw upon the table a black satin bonnet that had been finished that morning, which is the bonnet contained in the indictment; she said, she looked very well in them, but she wanted a purple one; I told her I had not a purple one made, but I would get one made for her; she said, she had seen one in Bond-street, and another in Chiswell-street; as she preferred having one of mine, if I would send one of my young ladies to Chiswell-street, she would see which she would have; she then observed her name was Mary Cox ; I knew she had lived with Mr. Hilliard, who keeps the Poultry-compter, I did not know that he had married her, but he tells me that he has married her; I observed to her, if you should not come for it where shall I send it; and she gave me a direction to Aldersgate-street; the next morning Miss Patrick, my shop-woman, enquired about the satin bonnet, asking if I had sold it the preceding day; I told her I had not sold it, but I saw it lying upon the table when Mrs. Cox was there; there being nobody in the warehouse from the time she was there, till the time we missed it the next morning, a suspicion fell upon her; I went to Aldersgate-street, and I found it to be a very large house, with a board up to let it, which confirmed my suspicion; notwithstanding which, the bonnet was made against the time she ordered it to be done, but she never came for it; the next morning, Saturday, the velvet bonnet was missed; on the Wednesday after, I met Mr. Hilliard in Cornhill -

Q. You must not tell us what passed between you and him? - A. On the Wednesday following, in Charter-house-square, I met Mrs. Carney, a person I never saw before in my life, I was very sure that the bonnet she had on was one that was made at our shop; she passed me, and I came back, and begged her pardon, and said, Madam, pray did you buy that bonnet in Cornhill, that was the satin bonnet; she said, no, Sir; but pray why do you make this enquiry of me; I asked her if she knew Mrs. Hilliard; she said, no; I said, I cannot let you go, I will treat you like a gentleman, but I cannot let you go till I know where you had this bonnet; she went with me, and told me she would take me to where she had the bonnet; she took me to a two pair of stairs room in Grub-street, to the room of a Mrs. Clements; there was a conversation between them, and they said, they were willing to come forward to bring the prisoner at the bar to justice; Mrs. Clements said, she had it of the prisoner; I left the satin bonnet at a gentleman's house in Bunhill-row, Mr. Bellamy's, who is not here, and it remained there till the Thursday; the next day, when we went before a Magistrate, a young man brought it to the Magistrate, whose name is Madder.

Q. How did you know it to be the same bonnet? - A. I know it by the make of the bonnet; and the caul had been cut by Mrs. Carney to get her head into it.

Q. What is the value of this satin bonnet? - A.Five shillings.

Q. Can you say, with certainly, that that is the bonnet that was upon the table when the prisoner was there? - A. I believe it was, and I have no doubt of it; I will not swear positively that it is, but I will positively swear it is a bonnet that was made at our house.

Q. How many may you have made of that sort? - A. Thirty or forty, more or less.

Q. Before she was at your shop? - A. Yes.

Prisoner. Q.Whether there was not another person in the room at the time I was looking at the bonnet? - A. Yes; Lucy Patrick , the shop-woman.

LUCY PATRICK sworn. - I am shop-woman to Mr. Hall: About five minutes after Mrs. Hilliard was gone, I went up stairs into the warehouse, to put away the bonnets; I put away the bonnets, and shut the cases; I did not miss it till the next morning, nobody had been there but myself during that time, I missed a black satin bonnet; I then went down stairs, and asked Mr. Hall if he had sold that bonnet the day before; he told me, no; I went up stairs again, and searched all over, but could not find it; and on the Saturday morning, I missed the velvet bonnet, I had no recollection of seeing it on Friday; I enquired of Mr. Hall, who told me he had not sold it.

Q. How long had you made these kind of bonnets? - A.About two months, but at that time we had but that one that we had missed of that pattern; I mean the satin one.

Q. Was the velvet bonnet a common pattern? - A. Not a very common pattern, we had not made them above a fortnight; I could swear to the pattern of the bonnet, but there is a young lady in

Court, that made it, who can swear to the whole of her work; I was up stairs about two minutes with her and Mr. Hall; there was nobody else there.

MARY CARNEY sworn. - My husband is a hairdresser, No. 9, Chiswell-street: On Saturday, the 23d of December, I went to call upon a woman that does work for me, at No. 18, Grub-street, and she told me, a person in the two-pair of stairs had got a bonnet to sell; she called to Mrs. Clements to bring down the bonnet, and she brought it down, it was a satin bonnet; she said it was worth eight shillings; I objected to the bonnet, and did not wish to have it, it was too much money; and then Mrs. Clements called to the person up stairs, who I believe was Mrs. Hilliard, to know if she would not take less; Mrs. Clements said, a crown would be the lowest price; at last I bargained with her for it, for four shillings and three pence, if she would let me shew it to my husband first; she said it was her own, and that it had been made a present of to her, that she wanted money that evening very bad; I took it away, and heard no more of it that night; on the Wednesday following, I was going through Charter-house-square, and met Mr. Hall, he asked me where I bought that bonnet; he told me it had been stole from him, and I took him to Mrs. Clements immediately; Mr. Hall requested me to go to Mr. Bellamy's, his friend, in Bunhill-row; I left the bonnet there without any constable or officer; I took Mr. Hall to the woman's apartment; I shewed Mr. Hall the woman, and she said, yes, Mrs. Carney, you bought the bonnet of me; I never saw the prisoner till I saw her before the Alderman.

REBECCA CLEMENTS sworn. - I lodge at No. 18, Grub-street; the prisoner lived at No. 5, Grub-street; I chair for Mrs. Carney: On Saturday, the 23d of December, the prisoner came to me, and asked me to sell a satin bonnet for her; I told Mrs. Southwell, I sold it to her for Mrs. Hilliard; after Mrs. Carney had told Mrs. Southwell that I had got a bonnet to dispose of, I carried it down to Mrs. Carney; Mrs. Hilliard desired me to ask eight shillings for it, and I might take five shillings, if the lady liked to buy it; Mrs. Carney said, if she bought it at all, she must have it for four shillings or four shillings and three-pence; I called out to Mrs. Hilliard, to know if she would take that, or if she might take it home to shew her husband, and she said, by all means; she did take it to her husband before she paid the money for it; when Mrs. Carney returned with four shillings and three-pence, at Mrs. Hilliard's desire, the three-pence was spent.

Q. Did you ask her for more than that? - A. No.

Q. Did you ever say to Mrs. Carney, it was your own? - A. No; it was Mrs. Hilliard's.

Q. Did you ever say to her that it was your own, and you could not take less than four shillings and three-pence? - A. No; I did not

Q. Did you never say that this was your own, and you wanted money that evening? - A. Not that it was my own, I said, I wanted the money that evening, that was for Mrs. Hilliard.

Mrs. Carney. She said, it was her own, that it was made a present to her, that she had a child that had some clothes in pledge, and she must have them out that night.

Q.(To Clements). Q. Did you tell her it was your own? - A. No.

MARY COLEMAN sworn. - I only come to identify the bonnet, (the satin bonnet produced); this is Mr. Hall's property, I made it, it is my own work, we had not another of the same kind as this made at the time.

Q.Are they all made to one pattern; is there any thing particular in that that you can swear to? - A. There is a difference in the buckram of which the inside crown is made, it is made of two pieces of buckram of a different kind, it was finished on the Thursday morning; I am confident it is a bonnet made by me.

Q. Suppose that bonnet had been shewn you at York, do you think you should have known it, and said this is my making? - A. I am certain I could.

Jury. Q. Did you never make another with two different pieces of buckram? - A. No.

Q.(To Mr. Hall.) What was it that you judged of, by seeing it upon Mrs. Carney's head? - A. The general form of it.

Q. When she pulled it off, did you observe the inside of it? - A. No.

Q. Are you quite sure, for the reasons that you have stated, that that is the bonnet that you saw upon Mrs. Carney's head? - A. I have no doubt in the world of it.

Q. You have no doubt that it is your property? - A. I have none in the world.

JOHN- FREDERICK MADDER sworn. - I took that bonnet from Mr. Bellamy's to the Magistrate; I received it from Mr. Bellamy himself.

ELIZABETH- PAGE MADDER sworn. - I saw a velvet bonnet in the prisoner's hand, on Saturday, and a satin bonnet, at my house, where she lodged.

Prisoner's defence. My Lord, I am entirely unprotected, I have nothing to expect but your mercy and humanity; I am perfectly innocent; I am unprotected through the ill usage of a husband; I thought Friday would have been the day of trial, so that I am taken entirely at a disadvantage.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980110-8

73. URIAH MOSES , and ANN BENJAMIN , were indicted, the first, for breaking and entering the dwelling-house of William Holmes , about the hour of six in the night of the 8th of December , and stealing seven silk handkerchiefs, value 30s. thirty yards of lace, value 30s. and fifty-eight yards of calimanco, value 40s. the property of the said William ; and Ann Benjamin, for feloniously receiving seven silk handkerchiefs, fifteen yards of lace, and fifty-eight yards of calimanco, part of the said goods, knowing them to have been stolen .

WILLIAM HOLMES sworn. - I am a linen-draper and mercer , in Whitechapel : On Friday the 8th of December, the glass of my shop-window was cut, and several articles missing, four or five cards of black lace, some is what is called British lace, two pieces of silk handkerchiefs, and two pieces of calimanco, one was brown, the other drab colour; the whole of them were worth, I suppose, seven or eight pounds, the calimancos are worth about thirty shillings each, the silk handkerchiefs are worth about thirty-five shillings, the lace I cannot exactly say what quantity there was of them, they had been cut, and therefore I cannot say.

Q. What time did you discover that these things had been taken away? - A. About six in the evening; I discovered it by seeing the window broke, and missing the things; I did not hear the window break; next morning, the officers belonging to the Whitechapel office produced part of my property; a number of the things in the window were tinged with blood, the edges of the papers were as if somebody had cut their hand, and drawn it down.

Q.Did it appear to be cut with a diamond? - A. Yes, there was a piece left by the frame; some of the glass remained in the inside of the window, and some out.

Q. Who was it produced them to you? - A.Thomas Griffiths.

SARAH HENLEY sworn. - I am a night nurse at Guy's-hospital: The prisoner, Moses, came to the hospital on Wednesday, and came out on Friday the 8th of December; he was taken out by some men that came after him, the constables.

Q. Do you remember if he was in the hospital on Friday the 8th of December? - A. I saw him coming down stairs with two men as I went up stairs, about eight o'clock in the evening; I always go to bed in the afternoon, and come to the hospital about eight, he never returned to the hospital again; I went up to the ward where he had slept, about ten o'clock, and in examining his bed I found a card of lace. (Produces it.)

Holmes. This lace has my private mark upon it; I had put it in the window on the 8th of December, in the morning.

Mr. Agar. Q.Have you any partners? - A. No.

JOHN NOWLAN sworn. - I am a constable: On the 8th of December, I took the prisoner into custody in Guy's-hospital; the back part of his hand was cut in several places, here is a part of a shawl which I found in the bed where he was, very bloody, (produces it); I asked him how he cut his hand; he told me he was at his father's, in Petticoat-lane, and as he was going over London-bridge, he had a tea-pot in his hand, he tumbled down and cut his hand with the pieces.

Cross-examined by Mr. Agar. Q.There were a great number of people in the room where he slept? - A. Yes, a great number.

Q. You found nothing upon him when you took him? - A. Only two knives.

Q. No diamond? - A. No.

Q. At that time he was in bed? - A. Yes; he said he had been in bed about half an hour, it was then a quarter after seven o'clock.

THOMAS GRIFFITHS sworn. - I am a peace officer; I went to Mrs. Benjamin's house on the 8th of December, between six and seven in the evening, in consequence of an information, I went in company with John Griffiths and Edward Smith, two other officers; when we came there, I found Mrs. Benjamin, and two or three women, sitting in the room on the right hand side as we went in; I then asked her what was become of the property that was brought in by three or four boys a little before; she said, be quiet a bit, you will spoil me; says she, if you will stop a little I shall have a good thing for you by and by; I then insisted upon her going with me up stairs, to see where this property was; she, in company with Edward Smith and myself, went into the one pair of stairs back room, and between the bed and the sacking, I found this property. (Produces them).

Q.How came you to look there? - A. I turned up the clothes, and found it upon the sacking; when I counted over the things, I found three pieces of lace, two pieces of silk handkerchiefs, containing seven handkerchiefs, and these two pieces of calimanco, one piece with a good deal of blood on the paper; I then asked Mrs. Benjamin what was become of the boys that brought it into the house; she said, she believed one boy was gone to Guy's-hospital, that he had cut his hand, that it bled very much, and she had lent him an old shawl to wrap round his hand to dry up the blood; I then came down stairs and took the property to the office, leaving her in custody with Griffiths and Smith.

Cross-examined by Mr. Knapp. Q. I believe you found that this house was a house let cut to lodgers? - A. The door of the apartment they generally sleep in themselves was locked.

Q. I ask you if you do not know that this house

was let out to lodgers? - A. There are other people in the house.

Q. Do you not know that this very room was occupied by another person of the name of Ann Smith? - A. I believe there was a woman that slept in that room.

Q. You had seen the boys immediately before you went to this house? - A. No; I went down immediately upon my getting the information.

Q. Did not Mrs. Benjamin give you information, before you went up stairs, where these things were to be found? - A. I believe she said they were in the one pair of stairs back room.

Q.Did she not tell you, that that room belonged to Ann Smith ? - A. That might have passed; I cannot swear that it did not.

Q. The person whom she represented as having cut his hand, was apprehended? - A. Yes.

Q.Did he appear to have that bloody appearance upon his hand that she represented? - A. Yes.

Q. Then, in short, the account that she gave, turned out to be true? - A. Yes.

Q. And the information that she gave you, led to the discovery of this business? - A. Yes.

Court. Q. Had she told you the things were in the back room, before you insisted upon going up stairs? - A. I believe, when we were going up stairs, she said something about it, but I do not recollect whether she did or not.

Holmes. I lost these things from my window, the handkerchiefs I cannot swear to, my private mark has been rubbed off, it was put on with a red lead pencil; they are the same sort of handkerchiefs, and the number that I had lost, it was a piece; I had divided it that morning into four handkerchiefs, and three handkerchiefs; the calimancos and lace had my private mark upon them.

Jury. (To Griffiths.) Q. Was Smith, who rented this room, below with Mrs. Benjamin, at the time you went in? - A. I believe she was.

Moses's defence. I know nothing at all of it.

Benjamin's defence. I am a married woman, I am very innocent of it, I follow no business, but let my house in lodgings, the officer, Smith, came in first, and I told him, when he asked me, that there was somebody went up to Mary with a bundle; he asked me to let him have a candle, and I said, I could not give him the candle, because it was Friday night.

EDWARD SMITH sworn. - I went into the house first, and I asked her where the property was that was just come into the house, it could not have been in the house above five or six minutes; we ran as fast as we could; upon receiving the information, she desired I would make no noise, and desired I would keep out of sight, she expected the boys back in a minute, that she had paid nothing for them, and if I made a noise I should spoil it; I asked her for a candle to go up stairs, and she said she could not touch it, on account of her sabbath, it was past six o'clock; I took the candle, and went up myself, and found nothing; I returned down again, and then she, and I and Griffiths went up together, and she showed us where the property was; she then told us, that the boy, that she supposed had cut the window, had cut his hand; she had lent him a shawl, that he was gone to the hospital, and had taken the best piece of lace with him.

Q. Was any thing said about a woman of the name of Smith? - A. Not that I recollect; she said it was in the girl's room; she keeps lodgers.

Q. That was after you returned, and could not find it? - A. Yes; her own room door was locked, and her husband was out with the key.

Cross-examined by Mr. Knapp. Q. When you went up first, you could not get into the room? - A. No.

Q. You did search that room afterwards? - A. Yes; she has lodgers in the house that men came to see.

For the prisoners.

ELIZABETH HICKS sworn. - Examined by Mr. Agar. Q. Do you know the character of this boy? - A. No; I know his mother is a very honest hard working woman.

HANNAH SMITH sworn. - Examined by Mr. Knapp. I am servant to Mrs. Benjamin.

Q. Is she a married woman? - A. Yes.

Q. Do you remember this day, when some boys brought something to the house? - A. Yes; a boy brushed up with something in his hand.

Q. Was this house let out in lodgings? - A. Yes.

Q. Was there a woman of the name of Smith lodged in the house, besides you? - A. Yes; in the back room one pair, I was in the parlour when the boy came in.

Q. Where was you mistress at that time? - A. She was gone to a public-house to get change for a guinea.

Q. Does the parlour door open into the passage? - A. Yes.

Q. Was there more than one boy? - A. I saw no more, he ran up stairs as quick as possible.

Q. What is this Ann Smith? - A. I believe she is a lone woman by herself; I cannot say much of her.

Examined by the Court. Q.What became of the boy? - A. I went after him, and he said he wanted to speak to Mr. Benjamin, I told him he was not at home, nor Mrs. Benjamin, and in the mean time she came, and I came away directly, I did not see what passed.

Q. You did not see her give him the shawl? - A. No; I did not see any thing at all of it.

KITTY JACOBS sworn. - Examined by Mr. Agar. I keep a glass shop in Petticoat-lane, Moses worked three years with my husband; I found him very honest while he lived with me, he has been gone away three years; I have known Mrs. Benjamin five years, she was a very honest woman before she was married, and ever since, as far as I know.

FRANCES JEWELL sworn. - I have known Mrs. Benjamin these seven years, she lived servant with me, and a very honest hard working girl she was.

Court. Q. How long is it since she left your service? - A. Seven years ago.

Moses called three other witnesses, and Mrs. Benjamin one other witness, who gave them a good character.

Moses GUILTY Death .

Of stealing the goods, but not guilty of breaking and entering the dwelling-house .

Benjamin, GUILTY .

Transported for fourteen years .

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

Reference Number: t17980110-9

74. DAVID MANN was indicted for that he, on the 21st of September , had in his custody a certain paper writing, made for, and in behalf of, Thomas Farmer, for the sum of nine shillings and eightpence halfpenny, then due, and owing to him the said Thomas, from Lord Charles Henry Somerset, and the indictment further charges, that he, on the same day, did falsely make, forge, and counterfeit, under the said paper writing, a receipt for the said sum of money, with intent to defraud the said Lord Charles .

Second Count. For uttering and publishing as true, a like forged receipt, knowing it to be forged, with a like intention.

Third Count. The same as the first, only laying an intention to defraud Thomas Farmer .

And several other Counts for a like offence, varying the manner of charging it.(The indictment was stated by Mr. Trebeck, and the case by Mr. Fielding.)

The Right Hon. Lord CHARLES SOMERSET sworn. - Examined by Mr. Fielding. The prisoner was an under servant, and had the management of my family; he was in the habit, every week, of delivering bills in to Mr. Dowding, and receiving the money from him to pay those bills; paying those bills, and taking the receipts back, I was induced, from something that arose, to apply to Thomas Farmer , my baker, the day before the prisoner was committed.

Q. You, I believe, are acquainted with the prisoner's hand-writing? - A. Yes.

Cross-examined by Mr. Gurney. Q. When did he come into your service? - A. On the 9th of May? - A. I had him from the Duke of Northumberland's.

Q. I take it for granted, you had a very good character with him? - A. Certainly.

- DOWDING sworn. - Examined by Mr. Trebeck. I belong to the Excise-office; I inspect Lord Charles Somerset 's household accounts once a week, generally of a Tuesday.

Q. Do you know Mann? - A. Yes; he was servant to Lord Charles Somerset ; in the course of the last summer, I checked his accounts, and he paid them.

Q. Do you know whether a person of the name of Farmer, was a tradesman of Lord Charles Somerset's? - A. He was.

Q. Did you check any bill of his that was delivered to you? - A. I did; I had it from the prisoner at the bar, (produces it;) I returned it to him, he had it from the 29th of August to the 21st of September, or thereabouts.

Q. Did he return it to you in that state? - A. No; I gave it him to pay, to get a receipt to it, and give it to me again, I gave him the money.

Q. Whose hand-writing is that? - A. I cannot undertake to say.

Q. Did you ever see the prisoner write? - A. Yes.

Q. Do you know the hand-writing of Farmer? - A. I have seen the hand-writing of Farmer.

Mr. Gurney. Q. Did you ever see him write? - A. Yes.

Mr. Trebeck. Q. Do you believe that is his hand-writing? - A. No.

Mr. Gurney. Q. How often have you seen Farmer write? - A.Twice.

Q. How long ago is it since you have seen him write at all? - A. I saw him write yesterday.

Q. For the very purpose of ascertaining whether this was like his hand-writing? - A. No.

Q. Did you ever see Farmer write before this question arose? - A. No.

Q. Will you swear positively that is not Farmer's hand-writing? - A. I think I could swear most positively, by the comparison of hands, that it is not his writing.

Q. Do you mean to say more than this, that having seen him write twice, since the transaction, you think it is not like what he has written since? - A. It is not like his writing.

Court. Q.Was this bill returned to you on the 21st of September, with that receipt to it? - A. Yes, with other bills.

Court. Q. As a voucher? - A. Yes.

Mr. Trebeck. Q. Was any thing particular said, when he returned this bill? - A. Nothing particular; he did not say he had paid that bill in par

ticular, but he did, as was his usual way, he brought me the bills as being paid.

THOMAS FARMER sworn. - Examined by Mr. Trebeck. I am a baker; I serve Lord Charles Somerset 's family with bread.

Q. Look at that bill? - A. That is the bill that was made out, and sent to Lord Charles Somerset .

Q. Did you ever give a receipt for that bill? - A. No.

Q. Is that your hand-writing? - A. No; it is not.

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

Q. Did he ever pay you that bill? - A. He did not.

Q. Did you ever see Mann write? - A. I do not think I ever did.

Q. Did you ever authorize any body to give a receipt for you to that bill? - A. My wife oftener gives them than I do.

Q. Is that your wife's hand-writing? - A. The bill is, but the receipt is not.

SARAH FARMER sworn - Examined by Mr. Trebeck. I am the wife of the last witness.

Q. Was that bill ever paid to you? - A. No.

Q. Did you write that receipt? - A. No.

Q. Is that your husband's hand-writing? - A. No.

Q. Your servant's hand-writing? - A. No.

Q. Did you ever authorize your servant to give a receipt? - A. Not in my name.

Q. Did Mann ever pay you that bill? - A. No, he did not.

JAMES MANTLE sworn. - Examined by Mr. Trebeck. I am servant to Mr. Farmer; I carried bread to Lord Charles Somerset 's; I carried this bill there.

Q. Is that receipt your hand-writing? - A. No.(The bill and receipt read).

Prisoner's defence. My Lord, and Gentlemen of the Jury, I am incapable, from indisposition created by the horrid confinement of a prison, of entering into a long detail of defence; I shall only state (here the prisoner swooned away, upon recovering himself, he proceeded as follows): I beg the attention of the Court for a few moments: My Lord, and Gentlemen of the Jury, I am incapable, from indisposition created by the horrid confinement of a prison, of entering into a long detail of defence, nor is it my wish, in a case which has originated in my own imprudence; I hope for mercy from God, and this Court; I never did an act with any intention of dishonesty; I look to you, my Lord, and the prosecutor, for mercy; I have been guilty of a very great error, but as to having done it with any intention of dishonesty, I never did; it has been occasioned by speculating, which has caused me to do that which is against my heart; as I now stand at this bar, I hope you will look upon me as a youth unexperienced in vice, it is the first false step I have ever taken: Under these circumstances, I hope I shall not be looked upon as one who has often appeared at this bar. My Lord, I can proceed no further, I rely entirely upon the mercy of the Court, the prosecutor, you, my Lord, and the Gentlemen of the Jury; I hope for mercy, knowing the generous disposition of a British Court and Jury; I throw myself upon your mercy.

GUILTY Death . (Aged 22.)

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

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

Reference Number: t17980110-10

75. THOMAS ANNETTS was indicted for breaking and entering the dwelling-house of Robert Cosier , about the hour of mine in the night of the 9th of December , and stealing, three cloth coats, value 3l. 13s. and a striped woolen waistcoat, value 8s. the property of the said Robert; Elizabeth, his wife, Joseph Porter , and others of his family being therein.

ROBERT COSTER sworn. - I live at Uxbridge , I am a taylor : On the morning of the 10th of December last, I discovered that my house had been broke open; I was up last the night before, the doors were then all fast, and the windows; I heard no disturbance in the night; my young man got up, as near as I can tell, rather before eight, his name is Joseph Porter , and he came up to give me an alarm; when I came down, I missed the clothes, there was nothing broke; I missed a Bath great coat and a blue coat from off my shop-board, they were there at night, I had made them but that day; then I went out into the street, and looking round, I saw a neighbour of mine, and in consequence of his information, I went to the Crown and Scepter, to take the prisoner, he lived there as a milk-boy, employed by the people that keep the Crown and Sceptre; I found him standing by the fire; as soon as I went in, he said to me, master, so you have had a loss to-night; I had known him before, as living at that house; I said, I have had a very bad loss; he said, I wish I knew who it was, master, I would tell you; I said, it is not worth while to have any words about it; I clapped my hand upon his shoulder, and said, you are my prisoner, you have got my property; he said, no, he had not; I immediately told him, that he had; and then he said, do not say any more about it, master, and you shall have your property again.

Q.Did you tell him it would be better for him to tell you the truth? - A. I said, I would give him what the law allowed him.

Q. Did you tell him you would say no more

about it, if he told you where they were? - A. No; I told him that would not do for me; and he told me they were in she hay-lost, up the yard; then I sent for a constable.

Q. Are you sure you made him no promise whatever? - A. I am very sure of it.

Q. Nor did not tell him it would be worse for him? - A. No. The constable and I went to search the hay-loft, we left the prisoner in the care of Joseph Porter ; we searched the hay-loft, but could not find any thing, then the constable said he would go and fetch the prisoner; the constable and the prisoner returned to me immediately; we found the property under the hay in the lost; the lost was locked up, and Mr. Rous's daughter, at the Crown and Sceptre, brought us the key; we found in a bag, a superfine mixed cloth coat, a striped waistcoat and a mixed Bath coating great-coat with a velvet collar; the prisoner did not say any thing when it was found; then the constable took him to the cage.

Q. What was the last time you had seen these things? - A. I saw them at eight o'clock the night before; there is no lock to the door of the shop, you go a little way along the passage, and then there is the shop-door, which is a glass door.

Q. And when you got up, you observed nothing broke? - A. I did not.

Q. Who slept in your house that night? - A. Joseph Porter .

Q. Did you sleep in the house yourself? - A. Yes, and my wife, but I did not sleep with her; and I can give your Lordship a very sufficient reason, if you wish to hear it, which I dare say you would not, she had only laid in a week.

Q.Had you seen the prisoner about your house that day? - A. No.

Q. Did you ever see him in your house? - A. Yes; he used to come for pots, and he used to bring milk to the house.

JOSEPH PORTER sworn. - I am apprentice to Mr. Cosier; I was the last in the shop, on Saturday night, the 9th of December; I saw the coats in the shop some time after eight o'clock, it was better than half past eight, when I left the shop; I fastened the outer door before I went to bed, which was a little after ten; there is a bolt to that door, but it would not bolt; it has a lock, but not a spring lock; I was first up in the morning, and missed the clothes; the key was left inside when I had fastened it; I got up just before eight o'clock, I called my master, and informed him the shop had been robbed; I found the door locked, and the key in; the shop windows were all safe; I went afterwards with my master, to the Crown and Sceptre, which is the next door; my master went in, and the prisoner said to him, what a misfortune he had had, and if he knew who it was, he should be glad to tell him.

Q. Had your master said, before that, any thing about his loss? - A. No; he had not; he then tapped him on the shoulder, and told him, he was his prisoner; he denied having them at first, and then he said they were up in the lost.

Q. Had your master endeavoured to persuade him to confess? - A. No; he had not; my master then sent me for a constable; I fetched the constable, and while he and my master went to search, I staid with the prisoner; there was a gentleman in the house besides; they came down again to fetch the prisoner, for they could not find them; I went up with them, and just as I had got to the top of the yard, where she hay-lost was, they were found in a bag, the prisoner was present when it was examined; there were two coats and a waistcoat, one was a great coat, and the other a superfine close coat; we then went into the house again, and then I asked him where the other coat was, and he denied knowing any thing about it; then we had him to the cage; the other great coat was found by the landlord, he is not here.

GEORGE ALLWOOD sworn. - I am constable of the Town of Uxbridge: I was sent for by Mr. Cosier, on the 10th of December, at the Crown and Sceptre, and he gave me charge of the prisoner; I was present when the two coats and waistcoats were found; we searched first, and could not find them; I then thought it proper to go to fetch the prisoner.

Q. Was any key given you? - A. Yes; by a girl in the yard; the things were found at the very instant that I brought the prisoner to the place; I did not hear any conversation with the prisoner; the things were put into my possession, and they were carried before the Magistrate the next day, when they were marked by Mr. Cosier, and delivered to me; I delivered them to Mr. Cosier, he has had the custody of them ever since.(The clothes produced).

Mr. Cosier. I had cut them all out myself, I know them to be mine; the Bath-coating great coat I helped to work myself, till six o'clock in the evening, that Saturday; and this superfine coat I helped to make that day.

Prisoner's defence. I know nothing of the things; I was up in the lost dressing the horses; I was up there two hours, and the lost window was open all that time; when I had done, I locked the stable door and the lost window; and the next morning, I fed the horses, and went up to the farm, and did my milking; I brought home my milk, and went up and unlocked the lost window and the stable door, and they were open about an hour and a half; and then I went in to have my breakfast; and as soon as I went in, and stood by the fire, Mr. Cosier

came in; I said to Mr. Cosier, you have had a very bad loss to-night; he clapped his hand upon my shoulders, and said I was his prisoner; I said, what for, and he said I knew what for, and then he sent for a constable; whilst Joseph Porter was gone for a constable, Mr. Cosier and Mr. Benjamin Hayes went up to the lost, and they could not find the things, and then they came down for me; and when I went, Mr. Benjamin Hayes had found the things, and they brought them down out of the lost, and then they put me in the cage. I had lived at the Crown and Sceptre a quarter of a year.

NOT GUILTY .

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

Reference Number: t17980110-11

76. ROBERT FOGG was indicted for feloniously stealing, on the 14th of December , a cast iron stove, value 5s. the property of John Rogers .

JOHN ROGERS sworn. - I keep a public-house , the Salmon and Ball, Bethnal-green : I lost this stove out of the cellar, it was carried there to be out of the way; it was not fixed; I did not miss the stove out of my cellar, till I saw it at Mr. Revell's, the broker's door, on Thursday, the 15th of December; I knew it to be mine by a mark upon the handle, it is bent; I had had it about five months; I can swear to it from that mark; I got an officer, and staid with the stove while the officer went for the prisoner, and he acknowledged that was the stove that he had sold to the broker; he was taken to the Justice's, in Lambeth-street, and they desired me to take the stove home, which I did, and have kept it ever since; the prisoner said, he had found the stove.

GEORGE REVELL sworn. - I am a broker, in Whitechapel-road, about half a mile from the prosecutor's; I had known the prisoner six years; he was a carpenter in Ratcliff-highway, when I first knew him; and he has entered as a soldier within these two months; I was going to Homerton, to a sale, with two other brokers, and going along, I met the prisoner, just by the Salmon and Ball, he lives within six or seven doors of the Salmon and Ball, and he asked me to buy this stove; upon that I went to his house, next door to the Green Man, and there I saw the stove, and I agreed with him for half a crown and a pot of beer.

Q. Was that a fair price? - A. Yes; they are very unsaleable articles; they cost five shillings new, and this is an old one.

Q. Did you ask him how he came by it? - A. I had no thought of it, he kept a house at the time.

Q. Was the stove that you bought of the prisoner, the one that Mr. Rogers saw at your house? - A. Yes.

Q. Did he acknowledge in your presence that he had sold you the stove? - A. Yes. (The stove produced).

ISAAC MILES sworn. - I am a gardener; I was present when the prisoner sold the stove to Mr. Revell for half-a-crown and some liquor; I believe this is the stove, to the best of my knowledge, but I cannot say positively; it was about ten weeks ago, or it may be more.

Rogers. I know it to be mine by the handle being bent.

Prisoner's defence. I was going to Spitalfields-market, I picked up this stove wrapped up in a bit of canvas, against a fence; I kicked against it twice before I picked it up, and I kept it at the door six or eight days to see if an body would own it, and then I sold it to Mr. Revell; I live within four doors of the prosecutor.

Jury. (To Revell.) Q. Did you see it exposed for sale at the prisoner's door? - A. No; it was in the back part of his house.

The prisoner called his serjeant and corporal, who gave him a good character.

NOT GUILTY .

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

Reference Number: t17980110-12

77. STEPHEN IVES was indicted for feloniously stealing, on the 27th of November , six bushels of horse-beans, value 24s. the property of Samuel Davis .

SAMUEL DAVIS sworn. - I am a butcher and farmer , at Twickenham : I lost a quantity of beans from my barn; I know nothing of it myself.

WILLIAM SLIMMER sworn. - I am a bricklayer, I live upon Twickenham-common: On the 27th of November last, I got up between four and five o'clock to go to work; going past the barn I heard a noise in the barn, I stopped a few minutes, and saw the prisoner with a bag upon his back, I knew him before; I called to him, and spoke to him, he was within three or four feet at farthest from me, it was light enough for me to see him to know the man well; he passed by me, and said something, but I did not hear what it was, and carried the sack into his own house, that is all I saw of it; there was a light in the house.

Cross-examined by Mr. Knowlys. Q. You do not begin bricklayer's work so early as that on the 27th of November? - A. Being a very light morning I got up, thinking it was day-light.

Q. Do you mean to swear that, and expect any man to believe it? - A. I did, and I will swear it again; I was deceived in the time.

Q. Perhaps it was moon-light, the first quarter of the moon was the 26th; now what sort of light was it? - A.(Hesitates).

Q. What time did you go to bed that night? - A. A little before nine.

Q. I should rather suspect you had not been in bed at all? - A. I am not that sort of person.

Q. How far is this barn from your house? - A. I believe, about an hundred and twenty yards, or thereabouts.

Q. Then, when you found it was not day-light, how came you to ramble so far? - A. That is not far, in the country.

Q. What time did you usually get up? - A. As soon as it is day-light.

Q. Whose barn was it? - A. Mr. Davis's.

Q. You knew that at the time? - A. Yes.

Q. You had no doubt that he came out of the barn? - A. I heard the noise in the barn; I have no doubt but he did come out of the barn.

Q. He had no business in Mr. Davis's barn, or upon those premises? - A. I never knew that he had any connection with Mr. Davis.

Q. How far do you live from Mr. Davis's? - A. Better than three quarters of a mile.

Q. As you saw him coming out of this barn with a sack, how soon did you tell Davis of it; did you tell him of it for a week? - A. No.

Q. A fortnight? - A. No.

Q. Three weeks? - A. It was the day before Christmas-day.

Q. And not before? - A. No; but I had to another person.

Q. Perhaps this man staid at his own house till he was taken up? - A. I cannot say; he did not that I know of; I know he was taken at Twickenham.

Q. Perhaps there might be a quarrel between you and this man? - A. I never passed three words with him after he had been guilty of the action.

Q. And, perhaps, you had never paid him what you owed him after he was guilty of the action? - A. I did not know that it was not paid.

Q. Did not your wife tell you he had been there, and was very troublesome? - A. I was not at home if he did come.

Q. Did not your wife tell you he had been there for his money? - A. Yes, she did tell me.

Q. Did you tell Davis of it till after your wife had told you that he had been troublesome, and insisted upon his money? - A. No.

Q. Do you know a man of the name of Thomas Dobson? - A. Yes.

Q. Upon your oath, did not you say to him that you would send this man out of the country? - A. I did not, to my knowledge; I do not remember that I said any thing of the kind.

Q. Dobson is here - now will you swear that you did not? - A. I cannot swear that I did not, nor that I did.

DAVID JONES sworn. - I am servant to the prosecutor: The prisoner desired me to let him have some beans for his horse, and I let him have some; they were my master's beans.

Q. Did he pay you for them? - A. No.

Q. What advantage was it to be to you? - A. He said he would give me some what for them.

Q. From whence were they taken? - A.Out of my master's barn; he had away between three and four bushel, between five and six in the morning.

Q. What sort of light was it? - A. It was dark.

Q. Could you distinguish one man from another without the help of a lanthorn, or candle? - A. Yes.

Q. What were you to have for those beans? - A. He said, if I would let him have some more, he would give me half-a-guinea, but I would not; we did not agree for any thing particular, sometimes he gave me two or three shillings.

Q. Did you see any person, at any time, in the road afterwards? - A. No.

Cross-examined by Mr. Knowlys. Q. You were taken up for stealing your master's beans? - A. Yes.

Q.And lodged in Newgate? - A. Yes.

Q. You expected to be tried for it, did not you? - A. Yes.

Q. How long ago is it since two or three men came into the prison, and told you, if you accused this man you should have a reward for it? - A. No, they did not.

Q. When was it that two or three men came to you in prison? - A. Last Tuesday, Mr. Davis, Mr. Clarke, and Mr. Curtis came to me.

Q. What did they tell you? - A. That if I would turn evidence they would clear me.

Q. You expected to be tried if you had not accused Ives? - A. Yes.

Q. And, perhaps, you expected to be transported too? - A. Yes.

Q. Then, from the time that you were committed to jail, on the 28th of December, till last Tuesday, you expected to be tried, and to be transported? - A. Yes.

Q. Then you think you should have been tried, and transported, if you had not accused Ives? - A. Yes.

Q.When did you see Slimmer? - A. I saw him the same day, Tuesday.

Q. Did he talk to you about it too? - A. No, he did not say a word; he came along with my master.

Q. Did you know any thing of a quarrel between him and Ives? - A. No.

Q. Did you never hear Slimmer threaten Ives? - A. Not till we were taken up, and then he swore against us.

Q. You do not recollect when it was you were taken up? - A. It was in the Christmas week.

Q. Have you not often said, that Ives had nothing to do with the business, and that it was a false charge? - A. Yes.

Q.Did not you say, when you heard Slimmer accuse Ives, that he had taken two d-d false oaths? - A. Yes, I said so; but I did not say so to his head.

Q. You come here by the name of Jones, do not you? - A. Yes; they set down my name wrong, my name is Johnson.

WILLIAM CURTIS sworn. - I am bailiff to Mr. Davis; I know nothing but measuring the beans, and finding there were some short.

Mr. Knowlys. Q. You have never found any beans upon Ives at all? - A. No; I never went to him.

Q. Nor any sacks? - A. Yes; there were three sacks.

The prisoner left his defence to his Counsel.

THOMAS DOBSON sworn. - Examined by Mr. Knowlys. I live in Isleworth.

Q. Did you ever hear Slimmer make use of any expression respecting Ives? - A. I heard him say, at the public-house door, that he would be d-d for everlasting, if he did not transport him, or send him out of the country, that was on the Christmas-day.

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

NOT GUILTY .

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

Reference Number: t17980110-13

78. GEORGE BROWN , otherwise EVANS , was indicted for breaking and entering the dwelling-house of Benjamin Bath , about the hour of seven in the night of the 13th of December , with intent to steal, and stealing four linen shirts, value 4s a man's hat, value 5s. two pair of leather gloves, value 2s. part of the work of a metal watch, value 2s. a memorandum-book, value 6d. three military hat feathers, value 12d. three glass casters, value 6d. a regimental hair tail, value 12d. and a pair of black cloth half gaiters, value 6d. the property of George Gill .

GEORGE GILL sworn. - I am serjeant of the 1st regiment of foot-guards , Benjamin Bath is the landlord of the house that I lodge in; the first room, on the ground-floor, that I lodge in, was broke open, on Wednesday the 13th of December; I went out about a quarter after six, I locked the door, and put the key in my pocket, it was then quite dark; a little before seven, the landlord came to me, and told me my room was broke open; I went back a little before seven, and found that it was broke open, the box that the lock shoots into was broke off; I missed the articles mentioned in the indictment, (repeating them;) some of them I did not miss till next morning; the prisoner is a private soldier, in the same regiment that I belonged to; I went out about five o'clock to get a candle, and found him listening at my window; when I came in again, I saw him go past my door, as soon as I had missed my property, I went down to his lodgings, No. 7, Little Canterbury-place, Lambeth; I saw my round hat lying upon a chair, I asked him whose that was, and he said, it was his brother's, I said, it cannot be, for it has got my name in it, and has been taken from my room this afternoon, and he immediately went upon his knees, and begged his life, and if I would spare his life, he would return all my things to me; he gave me three shirts, and that was all; the next morning, his wife sent me the other things tied up in a handkerchief, except some that the constable found in his pocket; I delivered the things that were sent to me to the constable.

Cross-examined by Mr. Knapp. Q. You have a room to yourself in this house of Mr. Bath's? - A. Yes.

Q. Does Mr. Bath live in the house? - A. Yes.

Q. A number of other persons live in the house? - A. Yes.

Q. And each has a separate room to himself? - A. Yes.

Q. The door of the house is sometimes open, and sometimes shut? - A. Yes; I have seen it both ways, but it is generally shut after dark.

Q. Upon your oath, was the outside door shut that night? - A. I cannot swear that it was either open or shut.

Q. Do you not know that there is a forty pound reward if you convict this man? - A. I do not know that there is.

Q. Upon your oath, have you never heard that there is a forty pound reward, upon conviction? - A. Yes; but I do not know for what.

Q. Do you not know that you will be entitled to a share of it, if this man is convicted? - A. I am not doing it for the sake of the reward.

Q. Upon your oath, do you not know that you will be entitled to a share of it? - A. I do not know whether I shall or not.

Q. Do you mean to swear that? - A. I am upon my oath.

Q. Don't you expect to be paid for your loss of time? - A. I expect I shall be paid the same as other people have been before me.

Q. Don't you know that other people have received shares of forty pounds reward for burglaries? - A. I never knew any one that had, I have heard it mentioned.

Q. You say, the prisoner went down upon his knees, and begged for mercy, what had you said to

him before that? - A. Nothing at all; I only asked him whose hat that was.

Q. Did you never say to him, it would be better for him to confess? - A. I had no occasion, for he told me where it was before-hand.

JOSEPH RANDALL sworn. - I am a corporal in the same regiment; I went with the prosecutor to apprehend the prisoner, on the evening of the robbery; I had been transacting a little business for the serjeant that evening; when he came to the prisoner's house, he saw his hat, he asked him whose that was, he told him it was his brother's; the serjeant replied, that it was not, and he immediately fell upon his knees, threw himself upon his mercy, and begged for forgiveness; he immediately produced three shirts, which the serjeant likewise said were his; he immediately put him into a place of confinement belonging to the first regiment of horse, that is all I know of it.

Cross-examined by Mr. Knapp. Q. Did the prosecutor say any thing to the prisoner, before he threw himself on his knees? - A. No, he did not, I am sure.

Q. You have heard of a reward of forty pounds upon conviction? - A. Yes; I have heard of it several times from you, since I have been in Court.

Q. You have got a constable here, have you not? - A. Yes, belonging to the Police-office.

Q. Perhaps he has told you of it? - A. No.

Q. You have heard of it in the public-house over the way, perhaps? - A. I have not been there much; I have heard several people speak of it, but I cannot recollect any particular person.

Q. You have heard it from a great many people of whom you are perfectly ignorant? - A. Yes.

Q. Do you know what the reward is, in this case? - A. No; I do not know who it goes to.

Q. You don't know that you are to have a share of it? - A. No.

Q. You come here, no doubt, for the public good? - A. Yes, as a soldier ought to do.

Q. Then, if the Recorder should think you entitled to any share of it, you will refuse it, as a soldier ought to do? - A. As a soldier ought to do.

DAVID MILTON sworn. - I lodge in the prisoner's house; I was present when the serjeant and corporal came to his house, he lives in the front room; the serjeant said, I do not want you, you must go up again, and I went up directly; I came down again the next morning, and his wife tied the things up in a handkerchief.

Q. Did he give you any thing himself? - A. No; the things that she gave me, were a pair of half gaiters, a regimental book, three pepper-casters, and four tops; I took them to serjeant Gill, before he was out of bed; I gave them to him, and told them one by one; I will take my oath, that I brought but three pepper-casters up, and when the serjeant brought them before the Justice, there were four; there had been one put in after I gave them to him.

Cross-examined by Mr. Knapp. Q. You were in the house, and heard the bustle? - A. Yes.

Q. If the man had been crying for mercy, you would have been in a situation to hear him? - A. Yes.

Q. Did you hear him? - A. No, I did not; I stood listening at the door ever so long, but did not hear any such word.

Q. Then you must have heard it, if there had been any such thing? - A. Yes.

Q. Were you desired by any body to swear there were more than three pepper casters? - A. No; the serjeant said, here is all you brought, and I said, serjeant, I brought but three casters, and here are four; and he said, well, there they are, I do not know how they came there.

Q. But you swear you brought but three? - A. No more.

Court. Q. You said before, that when the serjeant told you he did not want you, you went up stairs immediately? - A. Yes.

Q. Then you did not listen there? - A. Yes, I did stop some time.

Court. (To Gill). Q. Did you see the four casters? - A. The handkerchief never was opened after he brought it me; I never opened it till it came to the office.

Jury. Q. Is it true that he told them out one by one? - A. No, he did not; he put down the handkerchief, and said, there are some things that Evans's wife has sent you.

Mr. Knapp. Q. At the Magistrate's, did he put them down one by one, that is what he has sworn? - A. Yes.

Milton. I put them down one by one in his room, and I asked him separately, if they were his, and he said, yes; there were three pepper-casters and four tops.

Court. There are but three casters in the indictment.

Mr. Knapp. (To Gill). Q. Do you mean to swear they were never opened in your room? - A. Yes.

Milton. He opened the window-shutters in the front street, and I said, I have brought some things here.

Q. Did you open the handkerchief, and shew him them one by one? - A. Yes; in his own room, upon his own trunk; he was then in bed.

Q. Could he see you do that? - A. I cannot say.

Q. Did not he look at you when he was talking to you? - A. Yes.

Q. Then he must have seen you? - A. Yes.

Q. You held up the articles and shewed them to him? - A. Yes.

Q. Holding them up directly one by one? - A. Yes; in both hands.

Court. Q. Were the tops upon the casters or not, when you counted them? - A. I cannot say; there were four of them.

WILLIAM MESSENGER sworn. - I am a constable belonging to the office in Queen-square, Westminster; On the 14th of December last, I was sent for to the First Regiment Hospital, to take the prisoner; I took him from there to the office; I searched him, and found a metal watch-case and part of the works, and a pair of leather gloves; I afterwards went to his apartments, No. 7, Little Canterbury-place, there I found a pair of regimental gloves, a regimental shirt, three hat feathers, and some implements of house-breaking, a saw, a large borer, and a chiffel that is broke; I tried it with the door, and it matches where he broke the door open; I suppose there are a dozen marks of a chiffel upon the door.

Cross-examined by Mr. Knapp. Q. Let me look at these things, did you never see such things before? - A. Yes; a great number of houses have been broke open with such things, lately, in Westminster.

Q. Are not such things to be seen in every carpenter's shop? - A. Yes; but he does not appear to have been in that line.

Q. You are as ignorant, I take it, of a forty pounds reward, as the other witnesses? - A. I am wife enough to know that.

Q. Have you had any conversation about the reward to-day? - A. Not a word.

Q. Not a single word has escaped your honest lips? - A. Not a word; I have been to get two more bills; I had not been much with them.

Q. What are those bills, have they rewards belonging to them? - A. No.

Q. Do you think you shall be entitled to a share of the reward? - A. I do not know that there is a share allowed yet.

Q. Do not you think you will be entitled to a part of it? - A. Yes; I should look upon it so.

Q. Did you give directions for this indictment? - A. Mr. serjeant Kirby ordered it.

Q.Were you present at the time the indictment was given instructions for? - A. Yes.

Q. Did not you write the instructions, now? - A.No, I did not; only our names to the back of the bill.

Q. Did not you tell the clerk of the indictments what you meant to indict for, whether for forgery, highway robbery, sheep stealing, or murder? - A. He asked what time of night it was, what was lost, and what was the value of the things, that was all.

Q. Upon your oath, you gave no instructions? - A. No.

Q. You were present when the corporal gave the account of the things that were lost? - A. I was backwards and forwards, but I gave no instructions.

Gill. The two cases and part of a watch I can swear to; and the two first letters of my name are upon two of my shirts, and the other I know; upon one of the shirts there is a D and two eights, upon another there are two eights and a figure of four, and upon the other shirt there are two G's and three ones.

Q. Look at the memorandum book, is there any writing in it that you know it by? - A. Yes; there were a great many receipts and papers in it when I lost it, and when it came back, they were all gone.

Mr. Knapp. Q.What is the value of that book? - A. It is of great value to me; but, I suppose to any body else, it is not worth above sixpence.

Q. D and two eights are not your initials? - A. It is my shirt, it was given to me by my wife's brother; I have had it almost two years.

Q. Could you distinguish that from another shirt with a D and two eights? - A. Yes, from my wearing it; and it may have some holes in it.

Q. You did not mark them yourself? - A. Yes; I did mark the other two, myself, with India-ink.

Q. How many men have you in your regiment? - A. I cannot tell.

Q. Is there no other man that may have the same mark of two G's in the regiment? - A. I do not know, there may be more.

Q. What is the value of these three shirts? - A. They may be worth, mayhap, three shillings.

Q. Now, how long have you had that watch-case? - A. I suppose, ten or twelve years.

Q. It is a common metal case? - A. Yes.

Q. It is no uncommon thing? - A. No, only it is broke to pieces.

Court. Q. You know the prisoner is a soldier? - A. Yes; he has only been in the regiment eight or nine months.

Q. Do you know if he followed any business? - A. I don't know that he did.

Prisoner's defence. I was going past the end of serjeant Gill's house and found the two bundles, I went home, and had not been home an hour when serjeant Gill, and the corporal came in; they asked me how long I had been at home; I told the serjeant near an hour; he said it was a lie, for he had seen me within that time; he asked me whose hat that was; and I told him my brother's; he then collared me, and said, you villain, you have robbed me; I told him I would give him the shirts; him and the corporal took me to his house, and called a woman, who said she spoke to me, and saw me in the room; I saw no more of serjeant Gill till the next day, when he came with the officer to take me to the Police-office.

The prisoner called one witness, who had known him ten years, and gave him a good character.

GUILTY Death . (Aged 22.)

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

Reference Number: t17980110-14

79. JOHN NORTON was indicted, for that he, at the time of committing the several felonies hereafter mentioned, was a person employed in certain business relating to the Post-office, that is to say, in sorting and delivering letters and packets sent by the post to the General Post-office in Lombard-street; and that, on the 11th of November , in the said office, a certain letter, lately before sent by one John Robinson by the post from Brandon, in Suffolk, directed to Philip Elliot , Samuel Robinson , and William Kitchener , in Princes-street, opposite the Mansion-house, London, tea-dealers, and partners, containing two Bank-notes of 10l. each, and six Bank-notes of 5l. each, came to his hands and possession, he being a person employed as aforesaid; and the indictment further stated, that, on the said 11th of November, he being such person so employed, and having the said letter containing the said notes in his possession, feloniously did secrete the said letter containing the said notes, they being the property of the said John Robinson , and the several sums of money secured by the same, being then due and unsatisfied to him, the said John, against the form of the statute .

Second Count. Alledging that the said Bank-notes were in a packet instead of a letter.

Third and Fourth Counts. The same as the first and second, only charging the Bank-notes, at the time of the felony committed, to be the property of Philip Elliot , Samuel Robinson , and William Kitchener .

And four other Counts, charging him with stealing the said Bank-notes instead of secreting the letters,(The indictment was opened by Mr. Abbott, and the case by Mr. Fielding.)

JOHN ROBINSON sworn. - Examined by Mr. Knapp. I am a farmer at Eriswell, near Mildenhall, in the county of Suffolk.

Q. Did you, on Friday the 10th of November, send any letter to London? - A. I did.

Q. Who was that directed to? - A. Messrs. Elliot, Robinson, and Company, in Princes-street, opposite the Mansion-house; I enclosed, in that letter, sundry bills, there were several of the Bank of England, to the amount, I believe, of fifty pounds.

Q.Have you any memorandum of the number of the Bank-notes? - A. I have. (Produces it.)

Court. Q. Was that memorandum taken before you put them into the letter? - A. It was, (reads): No. 4938, dated the 16th of December, 1796, for 10l. No. 6354, dated the 11th of September, 1797, for 10l. No. 1285, dated the 21st of June, 1797, for 5l. No. 2944, dated the 25th of February, 1797, for 5l. No. 1699, dated the 19th of April, 1797, for 5l. No. 7748, dated the 23d of July, 1795, for 5l. No. 7556, dated the 24th of May, 1797, for 5l. No. 3371, dated the 17th of March, 1797, for 5l. I believe these are all the Bank-notes; the whole amount contained in the letter was one hundred and ninety-six pounds eight shillings.

Q. Did you make any mark at all upon these Bank-notes? - A. I have put my initials in a kind of circle upon every one of them, I believe, but the last.

Q. After you had put them into the letter, did you seal your letter? - A. I did.

Q. After it was sealed, what did you do with the letter? - A. I carried it to Milden-hall, where I was going to market; I delivered it then to Mr. John Fuller, who was going to Brandon, I requested he would carry it to Brandon, and put it into the General Post-office there.

Q.You wrote another letter at the same time? - A. Yes; I delivered it at the same time to Mr. Fuller, and requested him to put it in the same office at the same time.

JOHN FULLER sworn. - Examined by Mr. Abbott. I live at Brandon, in Suffolk.

Q. Do you remember receiving any letters from Mr. Robinson, on the 10th of November? - A. Yes; two letters; one was directed to Messrs. Elliot, Robinson, and Company, in London; the other was to Durham.

Q. What did you do with those two letters? - A. I carried them to the post-office, at Brandon.

Q. Did you put them in the post? - A. No; I delivered them to the post-master, within doors, Mr. Webb.

WILLIAM WEBB sworn. - Examined by Mr. Fielding. Q. Are you the post-master of Brandon? - A. Yes.

Q. Did you dispatch from your office regularly by the mail, all the letters delivered to you on the 10th of November, to go to London? - A. Yes.

Q. Do you remember Fuller calling upon you on the 10th? - A. Yes; I do recollect the two letters.

Q. And these two letters were regularly made up by you, and dispatched by the mail? - A. They were.

Court. Q. Are you sure that the two letters that you had from Fuller went by the mail? - A. Yes; I am certain of it.

Court. (To Fuller). Q. Did you carry any more letters to the post-office that day than those two? - A. No, I did not.

WILLIAM GRIFFITHS sworn. - Examined by Mr. Fielding. I am in the General Post-office: On the 11th of November, in the morning, I recollect the Brandon bag coming in.

Q.Was it carried to its usual place, the Inland-

office? - A. Yes; (the witness's diary shewn him); it was to come from Brandon on the 10th, I received it at the office on the 11th of November.

Court. Q. What is your business in the Post-office? - A. A sorter.

Q. How came this bag into your possession? - A. We are all called out in the morning, and I took that bag.

Q. What enables you to recollect that you took that bag? - A. I went to the window and took the bag, and the Brandon bag was contained in it.

Q. Who has written this paper? - A. The Postmaster of Brandon sends that up with the letters, and upon my receiving it, I signed my name to the paper; I then delivered it to a gentleman that has the care of these bills.

WILLIAM KITCHENER sworn. - Examined by Mr. Knapp. I belong to the house of Messrs. Elliot, Robinson and Co.; Mr. Robinson, near Milden-hall, is a correspondent of our's.

Q. On the 11th of November, did you receive any letter from him by the post? - A. We did not.

Q. Where is your house situated? - A. In Prince's-street, nearly opposite the Mansion-house.

Q. What are the names of the partners? - A. Philip Elliot, Samuel Robinson , and myself.

HUGH THOMPSON sworn. - Examined by Mr. Abbott. I am letter-carrier in the General Post-office.

Q. Explain to us what is done with the letters, upon their first arrival at the office? - A. The bags are opened by a certain set of clerks, and the letters examined.

Q. In the course of that examination, do you find whether the amount of the letters sent in the bags agree with the amount of the post-master in the country? - A.Always.

Court. Q.What do you mean by the amount of letters? - A. The postage.

Q. What, is the postage charged in the country? - A. Yes; and the bill sent up with it.

Mr. Abbott. Q. What is next done? - A. They are stamped with the day of the month stamp, and then they are divided into fourteen grand divisions, the amount is told as the mails arrive; twelve of these divisions are the carriers office; the other two are for letters that are to go further.

Q. In each of those divisions, there are a certain number of deliverers? - A. There are.

Q. Their duty is to subsort, and divide them according to their own districts? - A. Yes.

Court. Q. Are deliverers and carriers the same thing? - A.They are.

Mr. Abbott. Q. You know the person of this unhappy man, of course? - A. Yes.

Q. Was he employed in this business of subsorting and carrying letters on the 11th of November last? - A. He was.

Q. In what division was he employed? - A. At the eighth division.

Q. Does Princess-street, Lothbury, belong to the division? - A. It does.

Q. That grand division is posted into different districts? - A. It is.

Q. Do you know what was the prisoner's district? - A. Aldersgate-street.

Q. Was Lothbury in his district? - A. No, it was not; it was in his division, but not in his district.

Q. Do you recollect whether he was suspended any time last summer? - A. Yes, he was.

Q. Do you recollect about what time? - A. I cannot say.

Q. Do you recollect what time he was restored? - A. Not exactly that.

Q.Look at this memorandum? - A. He was suspended the 29th of August, and restored on the 17th of September; he had made his payment a day or two before.

WILLIAM CHALFONT sworn. - Examined by Mr. Fielding. I am a letter-carrier; on the 13th of November, I applied to the prisoner, in the letter-carrier's office, to lend me ten pounds, he lent me a ten pound note, which I wrote my own name upon, and his; I asked him if he had, any Bank that he could lend me, he said, he had, he could let me have some, if I would pay the Treasury for him.

Q. What did he mean by paying the Treasury? - A. What he owed for his letters to the Treasury of the Post-office.

Q.Look at this ten pound note? - A. This is the note he lent me, here is my mark upon it; I wanted to pay it to a man of the name of Peck, that I owed some money to, and he would not receive it without I signed my name to it.

Q. What was the whole of the writing that you put upon that? - A. The name of Norton, at length, and my own initials, W. C. I wrote both at the time that Peck desired me to put my name upon it.

Prisoner. Q. What state of mind did you think I was in at that time? - A. I did not see any thing particular in him.

Court. Q. Have you known this man ever to have been deranged? - A. I never heard of any such thing.

Q. You never heard that he was deranged? - A.No.

Q. And you had no reason to think he was then? - A. No.

Q.Did he appear to be in liquor? - A. I did not take notice that he was at that time, he was

very subject to tipple in a morning, it was between nine and ten o'clock in the morning.

ANTHONY PARKIN sworn. - Examined by Mr. Knapp. Q. Was the prisoner at the bar brought to your chambers on the 21st of November last? - A. He was brought there upon a charge against him from the General Post-office, respecting a note which had been traced to him; I desired that he would state the circumstances.

Court. Q. Was there any sort of promise of advantage, or threat of disadvantage, to induce him to give an account of the business? - A. No, it was a voluntary account; I desired him to state the circumstances; he said, that last Saturday seennight, which carried it to the 11th of November, when he had done ringing his bell, he was coming from the cheesemonger's shop, at the corner of Bull and Mouth-street, where he had left his bell, which he usually did about five minutes before six in the evening; he trod upon something soft, he gave it a kick before him, and then picked it up, and put into his pocket, it was a pocket-book, but he did not look at it then, but went to his usual duty at the Post-office; that he went home to his wife's apartments, in Gower-street, where, on Sunday morning, he opened the pocket-book, and found in it two ten pound Bank-notes and six five pound Bank-notes, but there was nothing else whatever in the pocket-book; that he went on Sunday morning to a public-house, the sign of the Goat, in Cheyne-street, near Gower-street, where he saw the landlord and landlady of the house; he asked for the newspaper; to see if they were advertised, but he did not find any advertisement; he did not tell the landlord or landlady that he had found any thing; on the next morning, Monday, he went to his duty at the Post-office, he there paid one of the ten pound Bank-notes to Chalfont, a letter-carrier, who was to make his payment into the Treasury; he did not tell any body of having found the pocket-book; he called at several public-houses, between Monday and Thursday, to look if the pocket-book was advertised; on the Thursday, he paid three of the five pound Bank-notes to Mr. Aldridge, a grocer, in King-street, who had accepted a bill of fifteen pounds for his accommodation, which was soon becoming due; on Friday, he got cash for the other ten pound Bank-note, of one Ladbrooke, who keeps a public-house in Smithfield; I asked him what was become of the remaining three five pound Bank-notes, he said they remained in the pocket-book, which was at his lodgings in Gower-street.

Q.Was Mr. Ferguson present at that time? - A. He was present at the time; to whom he gave the key of the box, which he said, contained the pocket-book and notes; I beg leave to say, that the prisoner was perfectly unembarrassed in giving this account, and equally so when I told him he must go to Bow-street.

Mr. Abbott. (To Ferguson). Q. Were you present at Mr. Parkin's chambers, when the prisoner was examined? - A. Yes.

Q. And you received from the prisoner a key? - A. I did; and in consequence of that, went to the prisoner's lodgings.

Q. He had told you where his lodgings were? - A. Yes; in Gower-street, Bedford-square; I went there and opened the box he directed me to open, with a key that he gave me for that purpose, and there I found this pocket-book, containing these three notes. (producing them); they have my mark upon them, I marked them at the time I took them out of the box.

JOHN ALDRIDE sworn. - Examined by Mr. Fielding. I live in Cheyne-street, Bedford-square; I have known the prisoner some time, he has been a customer of mine for several years; he applied to me to lend him four or five pounds the latter end of August of beginning of September, or if I could not, if I would accept a bill for him, which I did.

Q. Be so good as look at that? - A. That is the bill I accepted.

Q. Did he provide you with any money for the purpose of this bill? - A. The bill was due on Saturday the 18th, I think, and on the Tuesday preceding, I was serving some customers, he told me the bill was almost due, and said, because he would not put me to any inconvenience to find the money myself, he had provided the money as he had promised me, and laid me down three five pound Bank-notes; he told me there was the fifteen pounds, and I believe, went out of the shop immediately.

Q.What became of those three notes? - A. I looked at them to see that they were properly signed, I folded them up, and put them into a pocket-book, and in the course of the week, I made several payments, but whether I had those notes when the banker's clerk came to me, I do not know, but I rather think I had; when the note came to me, it was brought by a banker's clerk, I think from the house of Glynn.

Q. Did you pay him in Bank-notes? - A. I paid him all in Bank-notes, but whether they were the same three or not, I cannot say.

Q.You yourself did not take a memorandum of the number of the notes? - A. I did not.

Q. Had you any other five pound notes by you at the time? - A. I might, but I cannot say.

JOHN-DENHAM PRIEST sworn. - Examined by Mr. Knapp. I am a clerk in Sanderson's house.

Q. Did you present any bill - Look at that bill, and tell us whether you presented it for payment?

- A. I did; I presented it to Mr. Aldridge, I received three five pound notes in payment.

Q.Should you know the notes again? - A. Yes.

Q.Who did you receive them for? - A. For Glynn's house, and I paid them into Glynn's house; the bill is dated, 14th September, fifteen pounds, at two months, accepted by Aldridge, drawn by J. Norton, payable to his own order; it is indorsed by Thomas Norton and Thomas Needle .

Q.There is your own name wrote upon that likewise, is there not? - A. Yes.

JOHN HOWELL sworn. - Examined by Mr. Abbott. I am clerk in Sir Richard Glynn 's house.

Q. Was that bill in the possession of that house? - A. Yes, it was.

Q. Was the money for it paid into that house? - A.It was.

Q. How was the payment made? - A. In three five pound notes.

Q. What were the numbers and dates of those notes? - A. No.2371, dated the 17th of March, 1797, for 5l. that is a mistake in our books, it should be 3371; 2944, dated the 25th of February, 1797, for 5l. and 1285, dated the 21st of June, 1797, for 5l.

Q. Do you know what is become of those Banknotes? - A. I cannot say, they may be in circulation now.

- LADBROOKE sworn. - I keep a house in Smithfield: The prisoner applied to me on the 17th of November last, with a 10l. note, and asked me if I could give him cash for it; I said, I would if I could; I went immediately up stairs, and found that I could not; then I sent Mrs. Ellesmere out for change, as I could not give him change myself.

MARY ELLESMERE sworn. - I am servant to Mr. Ladbrooke: On the 17th of November, I received a 10l. note from Mr. Ladbrooke, to get change for him; I went to Mr. Blackitt's, and left it with him; he gave me the change; I had the change in notes.

JOHN BLACKITT sworn. - Examined by Mr. Fielding. I live in West-smithfield; Mr. Ladbrooke's servant, the last witness, applied to me to change a ten pound note; I marked the note with the day of the month upon it.

Q.Look at that note? - A. I took this note of the last witness, and gave her ten ones for it.

Q. What is the number of that note? - A. Six thousand three hundred and fifty-four, the 11th of September, 1797. ten pounds.

WILLIAM MULLENS sworn. - Examined by Mr. Fielding. Q. Be so good as look at these notes? - A. They are all regular notes; No. 9438, 16th of December, 1796, for ten pounds, is signed by Mullens, that is myself, made payable to Mr. Ab. Newland, or bearer, on demand, for the Governor and Company of the Bank of England, and signed by me; No. 1699, 19th day of April, 1797, subscribed by I. Padman, his christian is Isaac.

Court. Q. Do you know his hand-writing? - A. Perfectly well; it is for the sum of five pounds, for the Governor and Company of the Bank of England, payable to Ab. Newland, or bearer, on demand, No. 7748, 23d July, 1795, subscribed by M. Vernon, Matthew Vernon .

Court. Q. Do you know Mr. Vernon's handwriting? - A. Perfectly well; payable to Ab. Newland, or bearer, for the Governor and Company of the Bank of England, for five pounds; No. 7556, 24th May, 1797, subscribed M. Vernon, for the Governor and Company of the Bank of England, made payable to Mr. Ab. Newland, or bearer on demand, for five pounds, No. 6354, 11th September, 1797, subscribed J. Walters, signifies John Walters; I know his hand perfectly well, for the Governor and Company of the Bank of England, payable to Ab. Newland, or bearer, for ten pounds.

Q. Be so good as tell us, whether the Bank issues more than one note of the same number, same date, and same sum? - A. They never suffer them to be in circulation at one time.

Q. To whom are all the Bank-notes that have been issued, since the beginning of 1797, made payable? - A. To Abraham Newland; and have been ever since the death of Daniel Race, which is almost twenty years; the Bank-notes have ever since been made payable to Abraham Newland , or bearer.

Q. Can you say, by reference to books, if these notes were all unpaid on the 11th of November? - A. They were; whatever have come in have been since that time, some of them are outstanding now.

Court. Q. Do you not distinguish the notes by the letters as well as dates? - A. We do the small notes, but not so high as a five pound.

Mr. Knapp. (To Mr. Robinson.) Q. Tell me, whether you know them to be the notes that you have described? - A. No. 4938, that is one that was inclosed in the letter, I know it by the initials of my own name, inclosed in a circle; No. 6354, I know that by the same mark, it was sent in the same letter, at the same time; No. 7556, that is likewise one that was inclosed in the same letter, and has the same mark; No. 7748, that was also included in the same letter, it has the same mark; No. 1699, that has got the same mark, and was in the same letter.

Q. Are you sure these were all put into the letter, and given by you to Fuller? - A. Yes; (the notes and the bills read by Mr. Shelton, and compared with the indictment.)

Prisoner's defence. I never saw the letter belonging to that gentleman; I picked up the pocket-book in the way I have before stated; I must have been a madman to have circulated the notes in the Post-office, if I had stole them; I had no idea of their being stolen; I leave the rest to the mercy of the Court.

Court. (To Chalfont) Q. Did you tell the prisoner for what purpose you wanted it? - A. I did not.

Q. How much did he owe to the Treasury of the Post-office? - A. His payment on that day, was 8l. 7s. 7d. which I paid on his account.

Court. (To Kitchener) Q. Is your business that of a tea-dealer? - A. Yes.

GUILTY Death . (Aged 44.)

Tried by the first London Jury, before Mr. Justice LAWRENCE.

Reference Number: t17980110-15

80. ANDREW ARNOLD was indicted for feloniously stealing, on the 28th of December one hundred weight of saltpetre, value 30s. and a hempen bag, value 12d. the property of Thomas Jones .

THOMAS JONES sworn. - I am a chymist , No. 7, Star-alley, Ratcliff highway: On the 3d of January, I saw an advertisement from the Public-office, in Lambeth-street, of a quantity of saltpetre to be seen, in a marked bag; I went to the office, and found a bag, which I have no doubt is my property; I was in possession of twenty-nine of the same kind of bags, and this was one of the number; I had bought them with almonds in them, the numbers ran in order, from one to twenty-nine; I did not miss any of the bags before I saw the advertisement, nor I could not miss the saltpetre, we keep that mostly in packages, one hundred weight casks, and some loose.

Q. There was nothing in that saltpetre itself, by which you can undertake to swear to it? - A. There is a great difference in the fineness; I believe there is no one in town, but Mr. Strong, in Clement's-lane, and myself, who make it so fine; I cannot pretend to swear to it, but I really believe it is mine, it is remarkably well refined, the prisoner was my servant, and had been so about a year and a half.

Q. Was he at all employed about the places where the saltpetre was? - A. He drove my cart, and had access to every part of the house; he was in my employment at the time I saw the advertisement, he had been with me from July 1796.

Q.Had you sent him out with any refined saltpetre a short time before the 3d of January? - A.Every week, and almost every day; we have it from the Company's warehouses, in order to refine it, but this was refined.

Q. Did you use to send your saltpetre out in bags of this description? - A. No; in casks of a hundred weight each to druggists, oilmen, grocers, and other tradesmen, and some in papers of a quarter of a hundred sometimes.

Q. But never sent it out in these sort of bags, which had brought almonds to your house? - A. Never; they were used for getting beans and barley for my horses, or other common purposes, I have had them four years.

Cross-examined by Mr. Gurney. Q.Your only reason for knowing the bag, is that mark of Smith and company, and the figure? - A. Yes; Smith and company is in red, and the figure in black.

Q. That name and figure was upon them, when you bought them? - A. Yes.

Q. And consequently might be upon hundreds besides? - A. It might.

DAVID HOPWOOD sworn. - I live with Mr. Richard Nelme , in Whitechapel-road, an oil and colourman; on the 28th of December, the prisoner at the bar came into the shop, and offered some saltpetre to sell contained in this bag; I knew him by sight, and had dealt with him before for articles of the same kind, which he brought in a paper bag.

Q.Refined saltpetre? - A. Yes.

Q. Well refined? - A. I am not a judge of the niceties of saltpetre; I have been in the habit of selling saltpetre in London these seven years, it was refined saltpetre; the last time he came, when he brought the bag, I went up and told my master, he desired me to ask him his name, what he was, who he was, and where he lived; I came down stairs, and asked him these questions; he said, his name was Jones, he lived in Brick-lane, and was a saltpetre refiner; I got a pen and ink, and desired him to write it down, and he did; I went up stairs, and gave my master the paper, and told him what he said, my master told me to go down stairs, and tell him he would not buy it; I came down, and told him so, he swore he would not take it away.

Q. Did you give him any hint why you refused to buy it? - A. None at all; he said, he would call again for the saltpetre in a day or two, I think, but he did not, the saltpetre remained in the shop where he had left it; I went the next morning to enquire, in Brick-lane, but could hear of no such person there, a saltpetre refiner.

Q. How far is Brick-lane from Whitechapel? - A.Brick-lane comes into Whitechapel.

Q.Then, if there had been any such person as a refiner in Brick-lane, you must have known it? - A. No; we do not deal largely in it, we do not buy it of the refiners; finding no such person, we applied to the Police-office, Lambeth-street,

Whitechapel, and the officers took the bag away from the shop to the office; I marked the bag with a brush, and sealed it, before it was delivered to the officer with the saltpetre in it.

Q. How much may you have bought of the prisoner at different times? - A. From ninety to one hundred pounds weight.

Q.Without any enquiry till this last time? - A. Yes.

Q. You never had any suspicion of him? - A. Yes, we had, but we had nothing to identify it till this bag came, with the mark of E. Smith and Company, No. 13. We could not find any body in London of that name.

Q. Did you examine Directories? - A. No; but we enquired of tradesmen, both chymists, oilmen and druggists; it was advertised from the office, and on Thursday, Mr. Jones claimed the bag.

Cross-examined by Mr. Gurney. Q.There was nothing particular in this saltpetre, except that it was refined saltpetre? - A. Yes; it is rather larger than common, and of a brighter colour than common, it is finer.

Q. It is not such saltpetre as you can swear to on account of its fineness? - A. I think I could swear to that in the bag.

Q.During the time it was in your shop, the shop was open to all sorts of customers, I suppose? - A. Yes.

Q. And you were sometimes in and sometimes out? - A. Yes.

EDWARD SMITH sworn. (Produces the property). I am an officer belonging to Whitechapel office: On Wednesday, the 3d of this month, the prosecutor applied for a warrant to search the prisoner's lodgings; he procured a warrant, and in company with Nolan, I went to execute that warrant; I went to the prosecutor's house, in a court in Ratcliff-highway, he gave me charge of the prisoner at the bar, I did not search his apartment; I took the prisoner into custody, and brought him to the office; I asked him what he had been about, that should induce his master to give charge of him to me, the poor fellow fell a crying, and said, it was concerning a little saltpetre; I had not before acquainted him with what the charge was.

Q. Did you make him any promises of favour? - A. I did not, I knew it would be contrary to my duty so to do; I asked how he got it, and if any person was concerned with him; he said, no; seeing so many persons concerned with the premises, I asked him how he could get it without being perceived; he said, he took it while they were at dinner; I asked him what he had done with it, and he said, he had sold it at a shop in Whitechapel; I asked him, if he had sold any before; he said, he had sold a little twice, but not so much as this; I then brought him to the office, and he was committed.

Q. Was this before or after Mr. Jones had been to the office? - A. Yes.

Cross-examined by Mr. Gurney. Q. He had heard from Mr. Jones what he was taken up for? - A.He might.

Q. Do you mean to say you gave him no encouragement to say what he did? - A. No.

The prisoner did not say any thing in his defence.

Mr. Gurney. (To Jones). What sort of a character did he bear? - A. A very good one, or I would not have kept him; he has a wife and two small children.

Q. Look at the bag? - A. I can swear to the figure 13, the saltpetre is as much like mine as it can be.

GUILTY (Aged 24).

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

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

Reference Number: t17980110-16

81. JONAS HART was indicted for feloniously stealing, on the 22d of December , a looking-glass in a gilt frame, value 9s. the property of Richard Derry .

RICHARD DERRY sworn. - I am a broker , in Mile-End Old Town , in the parish of Stepney: On Friday, the 22d of December, about half past one o'clock, I missed a glass from the shop, it laid upon some beds in the shop; the prisoner was caught just by Whitechapel church.

THOMAS HARTSIDE sworn. - I am a smith: I never saw the prisoner till I took him, it was on a Friday; I took him in Church-lane, Whitechapel, with the glass upon him, about a mile from Mr. Derry's house; I had heard that he had taken a glass from Mr. Derry's and I pursued him; when I took hold of him, I said, my friend, how did you come by this glass; he immediately replied, he had bought it, and paid for it; I held him till the owner of the glass came up; as soon as Mr. Derry saw the glass, he said it was his; I have had it ever since.

Cross-examined by Mr. Knapp. Q. Do you know how long a time took place between the time you heard of the loss and the time you took the prisoner? - A.Half an hour.

Q.Then of course, when you set out upon your pursuit, you saw nothing of the man with the looking-glass for some time? - A. No; I kept strait on; it might be about ten minutes.

Q.Therefore for any thing you know, any body else might have taken the glass, and given it to him to carry? - A. Yes; but he told me he had bought it and paid for it.

Jury. Q. Was the man walking or running? - A.Walking. (Produces the glass).

Derry. This is the glass I missed; there is a piece of the bead off the frame, that I can swear to it by.

Prisoner's defence. I was going upon my father's business, and a man asked me to carry that glass for him, and he was to give me sixpence.

GUILTY (Aged 17.)

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

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

Reference Number: t17980110-17

82. WILLIAM CAIN was indicted for feloniously stealing, on the 11th of November , twenty-three inch and half iron pullies, value 48. twenty-four inch and quarter iron hinges, value 14d. forty-eight inch and half iron hinges, value 2s. 10d. one hundred and forty-four inch and half iron serews, value 2s. 11d. five twelve feet whole deal battens, value 6s. 8d. two twelve feet inch deals, value 3s. and one horse-cloth, value 12d. the property of Edward Colebatch .

EDWARD COLEBATCH sworn. - I live in the Minories ; I am a carpenter : On the 10th of November, in consequence of a suspicion, I ordered my servant, John Sandler , to mark some ironmongery goods in my accompting-house, I did not see him mark them, I told him what goods to mark; on the 11th, in the morning, I missed the things stated in the indictment, except the deals; the prisoner was my carter ; I found the ironmongery goods on the premises of Hugh Miles , he is in the Borough jail; the horse-cloth was found in the prisoner's lodgings.

JOHN SANDLER sworn. - I am foreman to Mr. Colebatch: In consequence of the information that I received, I marked a great deal of ironmongery goods, all tied up in papers; I marked the papers, and made a file mark upon some; I took the number of all the goods after I had marked them; the next morning, about seven o'clock, I went to the accompting-house, where the corn is kept; the carter used to go in and out to get his corn; before I went into the accompting house, I saw the prisoner in the yard, and told him to get his breakfast, he was going into the country with a load; I then went and examined the goods; the boards had been taken before; I told Mr. Colebatch what I had missed, and he sent some officers after the prisoner with the cart, to see if he stopped any where; about twelve or one o'clock, I saw the things again at Union-hall; the prisoner was in custody.

Cross-examined by Mr. Alley. Q. Your master employs a great number of men? - A. Yes.

Q. This place was open into the stable-yard? - A. Yes.

Q. And the prisoner was two hours about the yard before he went? - A. Yes; he was going to Roehampton.

Q. Was the Borough of Southwark the road he was take? - A. It was.

GEORGE SANDLER sworn. - I am the son of the last witness: I was present on the 10th of November, when my father marked some ironmongery goods in the accompting-house, they were put under a kind of platform; when I came down in the morning, I observed that the boards had been moved, I told my father, and we missed the articles in the indictment; I immediately went to Newington-Butts church-yard, and waited till the prisoner came with his cart, which was about three quarters of an hour; I saw a man go into Miles's house, and left the cart standing at the door; I waited there till my master came to me; the officer came and took him at the door of Miles.

Q. How was the man dress that went into the house? - A.Exactly like the prisoner, in a smock frock; I went towards the house when the officer was in the act of handcuffing them together.

Q. Did you see any goods that had been marked? - A. No; I saw them at Union hall, in possession of one of the officers.

Cross-examined by Mr. Alley. Q. At Miles's house, where the prisoner was apprehended, there was nothing belonging to your master? - A. Not that I could positively swear to.

Q. The board was removed? - A. Yes.

Q.Therefore every one must have discovered that there had been somebody in the accompting-house? - A. Yes.

Q. You are one of the clerks? - A. I am apprentice to Mr. Colebatch.

Q. Were you present when he was searched? - A. I cannot positively say that I was.

Q. Has Mr. Colebatch any partner? - A. No.

RICHARD TIPPER sworn. - I am a City constable: On the 11th of November, Mr. Colebatch came to me in the morning, and in consequence of his request, I went into the Borough, about nine o'clock or a little after, I had a brother officer with me, Mr. Davis; we waited in the Borough for the cart coming, the prisoner was driving it; I let him pass me about twenty yards; I followed the cart, and sent Davis to get a warrant; when I came to the Fishmongers' Alms-houses, at Newington, I missed the cart, and stopped opposite Miles's; the carman was behind the cart about six or seven yards, and the horses knew the door very well; they stopped very naturally at the door.

Q. Did you hear any call out to the horses to stop? - A. No, none at all; the prisoner came up to the side of his cart, and stopped against a stall where there were some old iron things laid upon a board; Miles's house is in a sort of a garden, and

there is a wooden bridge to go to the house; on each side of the bridge were benches where he exposed his goods; the prisoner looked over a few articles upon the bench, and after he had done that, he stood a little while, and turned himself towards London again, to see whether he could see any body coming, I suppose; Miles them came up to him, after a little conversation Miles went into his shop, the prisoner followed him, they stopped together about five minutes, and the prisoner came out; I observed him go to the near side of the shafts, and take off a coat, he took it into the shop, he returned, after some time, with the coat upon his arm as he took it in, he staid at one of the stalls about a minute, Miles came out also, and stood by him, and I apprehended them both; then Davis and Collingbourne, another officer, came, and on the right hand, in a little room, upon a round table, I found the ironmongery named in the indictment; I perceived upon the fire some paper burning, but I could not get time enough to take care of it; by that time Mr. Colebatch came and claimed them; there were some deals standing in the yard.

Q. You saw no deals moved? - A. No, there were none; we searched the prisoner's lodgings, and, under the bed, found the horse-cloth.

Cross-examined by Mr. Alley. Q. What distance were you at the time the cart stopped? - A. I suppose, about a dozen yards.

Q. Do not you know that horses will stop upon being spoke to? - A. Yes.

Q. Do you mean to swear that the carter had not called to the horses? - A. Yes, I am sure of it.

Q. When you came up, was he not bargaining, for some time, for horse steams? - A. He did take up many things.

Q. Will you swear he did not take up a pair of horse steams? - A. He might, I cannot say.

Q. How long was he in the house? - A. I cannot particularly say, he might be four or five minutes.

Q. Was it not his own great coat that he took out of the cart? - A. Yes, it was.

Q.Did he not tell you he wanted to leave that coat there, because it should not be dirtied with the wheels of the cart? - A. No.

Q. What money was found upon him-five shillings, was it not? - A. Yes.

Q. Is it not the duty of a carter to take home a horse-cloth when it is done with? - A. It may be so

EDWARD DAVIS sworn. - I went with Tipper, I left him watching the cart: I afterwards went to Miles's door, I saw the prisoner loitering about the cart, looking first one way, and then another; he came out again, and brought a coat upon his arm; I returned about the time that Tipper took the prisoner into custody; Collinghourne found the property, and has had it ever since, they were hinges, pullies, and screws; I afterwards went to his lodgings, in Great Garden-street, and we found a horsecloth between the bed and the sacking.

WILLIAM COLLINGBOURNE sworn. - I went with Davis to the house of Miles: I saw the cart standing at the door, I waited till Miles and Cain came out, and I immediately ran across the road and took them into custody; after we had secured them, I went with Tipper, into a back room, and there I saw a quantity of ironmongery lying upon the table, in different places; I immediately took it, and have had it ever since; I was with Tipper when he found the deals.

- BUTT sworn. - I am a constable, (produces the horse-cloth; and the property deposed to by Sandier).

Prisoner's defence. As I was a going along, there was a coach coming by, and I called my horses to me; when I came to this shop I saw a pair of horse steams, and I asked the man the price of them, when this gentleman came up and took me.

The prisoner called Thomas Bennett , who had known him six or seven months, and gave him a good character.

GUILTY (Aged 21.)

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

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

Reference Number: t17980110-18

83. JAMES BAVELY was indicted for feloniously stealing, on the 19th of December , two saddles, value 20s. two pair of boots, value 5s. and a cloth great coat, value 10s. the property of Jesse Hassell , privately in his stable .

JESSE HASSELL sworn. - I keep a stable in Clerkenwell : On Tuesday the 19th of December last, I lost my property, I had seen them in my stable on Monday afternoon; I missed them about half past six o'clock on Tuesday morning.

Q.Have you ever seen them since? - A. Yes, at Whitechapel; I saw the two saddles, and the two pair of boots, and a great coat, I knew them to be mine; I had seen the prisoner in the yard five or six weeks before.

JOHN GRIFFITHS sworn. - I am one of the constables of Whitechapel-office: On Tuesday the 19th of December, I was sent for to the Catherine-wheel, in Essex-street, Whitechapel; I went there with a fellow officer, and there was the prisoner eating some fish, that was between ten and eleven in the morning, the saddles and boots were in the room; I asked him how he came by them; he told me he could give a very good account of himself when he came before the Magistrate; some time

after that, he told me that a man, whom he supposed to be a butcher, met him in the Strand, between five and six o'clock-

Q. Did you tell him it would be better for him to confess? - A. I did.

Court. Then you must not tell us what he said after that.

ERNEST HUMBACH sworn. - I keep the Catherine-wheel, in Catherine-wheel-alley, Whitechapel: On Tuesday the 19th of December, about six in the morning, when I opened my house, the prisoner was standing with two saddles upon his head, he said his master put up at Charing-cross; he wanted to go into a private room with them, and I would not let him, I told him to lay them in the public room; then he called for a pint of purl, and went away; he left the saddles in my house, and he came again about an hour after, that was about eight o'clock; then he wanted some fish, and I sent out for some, he told me he had taken the two saddles for a debt; I sent for an officer, and he took him; the boots and saddles are here.

Q. Is the prisoner the man? - A. Yes, that is the lad.

- LAZARETT sworn. - I keep a clothes-shop in Rosemary-lane: On Tuesday morning, the 19th of December, he brought me a great coat, I gave him a pair of breeches, and two shillings and eight-pence for it; it was worth about ten shillings.

Q. Are you sure he is the man? - A. Yes; I have had it ever since. (Produces it).

Hassell. This is my coat; it is a livery coat, it was given me by a gentleman that I lived groom with for fourteen years.

Griffiths. These are the boots and saddles that I had from the public-house.

Hassell. These are mine; I know them by having worn them so much, they are worth about five shillings; the saddles I think are worth about a guinea, they are mine.

Prisoner's defence. They were given me by a young man that used to be in the yard with a cart.

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

GUILTY (Aged 18.)

Of stealing goods to the value of 4s.

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

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

Reference Number: t17980110-19

84. BENJAMIN GOLDING was indicted for breaking and entering the dwelling-house of Dinah Spencer , widow , about the hour of three in the night of the 16th of December , with intent, her goods, chattels, and monies, burglariously to steal, and stealing thirty-one pounds of pigs sat, value 9s. thirty pounds of black-puddings, value 10s. and a hempen bag, value 2d. the property of the said Dinah; a pair of leather boots, value 2s. the property of Thomas Spencer , and a pair of leather breeches, value 5s. the property of James Daleman .

DINAH SPENCER sworn. - I live in Sharp's-alley, Cow-cross ; my house was broke open on the 16th of December, I was alarmed about six o'clock in the morning, it was then dark, I can only prove the property.

THOMAS SPENCER sworn. - I am son to the prosecutrix; I went to bed about half-past twelve o'clock, my sister went last to bed; the windows and doors were fast when I went to bed, the back door that leads into the street was bolted, that was the door that was found open; I got up about half past six, and found the back door open that goes into the yard, that is only upon the latch, it was latched when I went to bed.

Q. How do you get your livelihood? - A.By living with my mother.

Q. How does she get her livelihood? - A.Something in the butchering line; my boots were lying by the fire-side in the kitchen, it was quite dark when I came down in the morning; I know the prisoner very well, I had known him about a month before, he was a servant of mine, I hired him for a fortnight, and my mother turned him away on the Saturday that this happened on the Tuesday.

Jury. Q. In what capacity did you hire him? - A. To do the drudgery; I was to give him two shillings a week to clean the stable, and look after the pigs.

Mrs. Spencer. I lost property to the value of ten shillings, about thirty pounds weight of black puddings, and thirty-five pounds of pigs stare, my son had brought it home the night before.

Thomas Spencer . I had brought home the pigs sat the night before, I gave about 16s. for it, but I believe it was rather more than it was worth.

JAMES DALEMAN sworn. - I am servant to Mrs. Spencer; on Friday night, I went to bed about twelve o'clock, I lost a pair of shoes, I left them at the foot of the stairs, and when I came down in the morning, the house was broke open; I have seen a pair of shoes since that are like them, but I cannot swear to them.

ROBERT FRENCH sworn. - The prisoner at the bar, on the 31st of December, brought thirty-one pounds weight of pigs fat from a butcher in Brick-lane, of the name of Watkins; he said, I was to give him a note for it, and the money; I gave him a note, and the money.

Jury. Q. What did you give a pound for it?

- A.Threepence a pound, I believe it has been pretty well proved that I gave the value for it.

JOHN GASS sworn. - I am a parish officer belonging to St. Luke's; I was coming up Whitecross-street, on Saturday the 16th, between twelve and one in the day, I heard a cry, that a thief had ran into a slaughter-house, I went in, and seized him, with the black puddings upon him, there were a vast quantity in a large bag; I apprehended him with the boots on his legs, (produces them;) I have had them ever since.

Thomas Spencer. They are very much like my boots, but I cannot swear to them.

Mr. Gass. The prisoner told me where the sat was, at Mr. French's, in Barbican, and he took me to a house in Basket-alley, where the shoes were, he went to the drawer, and took the shoes out, and gave them to me. (Produces the shoes.)

Daleman. I cannot swear to them.

Prisoner's defence. Going across Newgate market, I saw something lying in the market, as I was going to market, I looked at it, and found it was this bag of puddings; I took it home, and kept it till I could not find an owner, and then I sold the sat.

GUILTY of stealing the goods, but not breaking and entering the dwelling-house .

Transported for seven years .

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

Reference Number: t17980110-20

85. MARY, the wife of CHARLES POWELL was indicted for breaking and entering the dwelling-house of Thomas Oldham , about the hour of twelve in the night of the 15th of December , and burglariously stealing, two silver table spoons, value 30s. a desert spoon, value 6s. six silver tablespoons, value 6s. a pair of sugar-tongs, value 4s. a silver cream-pot, value 15s. a silver marrow-spoon, value 58s. forty-eight knives, with silver handles, value 15s. forty-eight forks, with silver handles, value 15s. twenty-four desert knives, value 20s. twenty-four desert forks, value 20s. and three pair of sheets, value 41. the property of the said Thomas.(The case was opened by Mr. Gurney).(The witnesses were examined apart at the request of the prisoner).

THOMAS OLDHAM sworn. - Examined by Mr. Gurney. I live in Mile-end Green ; my house was broke open on the night of Friday the 15th of December; I went to bed at ten o'clock, I was the last person up; I saw that the doors were fast, the cupboard doors, and my bureau and book-case were all fast when I went to bed; the cupboard and book-case were in the back parlour; I got up about seven o'clock, rather before than after, it was then scarcely light; one of my servants was up before me, in consequence of what she told me, I examined and found the robbers had entered, by breaking open the shutters of the back kitchen window, the sash of the window was lifted up, and with a borer, they had bored several holes in the inner shutter, and forced them into one; they had then lifted up the bar, and entered the house; I found three cupboards broke open, one in the back room, one in the drawing-room, and one in the front parlour; the two cellar doors were broke open, and some wine packed up ready for carrying off, my book-case was broke open, my bureau examined, the drawing-room curtains cut off, chair covers, quilts, and plate, with variety of other articles, were gone; I lost all the things charged in the indictment.

Q. How soon afterwards did you hear of your things again? - A. The first that I heard of them was, in consequence of an advertisement in a paper, when I went to Bow-street, and saw the property that will be produced, the spoons, and the tea tongs, that was about a fortnight after the robbery, the prisoner was in custody, they are in the possession of the constable.

Cross-examined by Mr. Agar. Q. When you got up, it was light? - A. Hardly; it could not be called day-light.

Q. You know you had light enough to see what had been done to the house? - A. In the space of ten minutes afterwards there was light enough.

Q. This robbery was probably committed a short time before you got up? - A. My next door neighbour can tell that better than I can.

Court. Q.Where was the plate deposited? - A. It was in general use in the house, and some of it was in the cupboards, some in the kitchen, and in various places.

Mr. Agar. Q. You do not know when you had seen any of the articles before? - A. Yes; I had seen one of the spoons the evening before.

ANN HORNSBY sworn. - Examined by Mr. Gurney. I am servant to Mr. Oldham; the night before the house was robbed, I fastened all the windows and doors, I believe, I am sure I fastened the window of the back kitchen; I got up next morning between seven and eight, after day-light; when I came down, I went to let the gardener in, I went into the parlour, and there was nothing out of its place; I then went down into the kitchen, and the drawers were all open, and the things all about, every thing was turned out of the workbags, upon the floor; I looked no further then, but went and made the fire; after I had made the fire, I went into the back kitchen, I went to the window to open it, and the inside shutter, that had holes made in it, was doubled back, I did not observe

the holes at that time, because it was doubled back, the sash window was left up, one of the outside shutters was shut close, the bar, which was across the inside shutters, was put up against the outside one that was shut; the other outside shutter was put back against the wall, and the other inside shutter, which the holes were not in, was shut; there were two baskets of wine packed up; when we came to look about, we missed the things named in the indictment; I had all the spoons in use the night before.

Q. Had you yourself heard any noise in the course of the night, or the morning before you got up? - A. I had not.

Q. Did you observe any marks upon the floor when you came down? - A. No, I did not, the floor was dirty.

Cross-examined by Mr. Agar. Q. You were the first person up in the house? - A. Yes.

Q.Your master got up after you? - A. Yes.

Q. It had been light sometime before? - A. Yes.

Q. This robbery had been probably committed some short time before you came down, they had not taken away the wine, you know? - A. No, they had not.

Q. They had not time to take it away before you came down? - A. The servants at the next house disturbed them.

Q. Were holes bored in the shutter near the fastening? - A. Yes.

Q. They broke open the cupboards where the plate was, and the cellar? - A. Yes.

Q.Then, from all these circumstances of breaking open the shutter close to the fastening, and finding out the places where the plate was, do not you believe the robbers knew something about the house? - A. That I do not know.

Q. You never saw the poor woman at the bar before? - A. No.

Mr. Gurney. Q. Had you been awake long before? - A. No.

ANN MEACOCK sworn. - Examined by Mr. Gurney. Q. I am servant to Mr. Oldham; I got up about seven o'clock the morning of the robbery, it was not quite day-light; I had seen two tablespoons the night before, and some tea-spoons, I can't say how many; the cream pot was in the closet in the parlour that night, they were in common use in the house.

BETTY PRENT sworn. - Examined by Mr. Gurney. I am servant to captain Wallis, next door to Mr. Oldham; I remember Mr. Oldham's house being broke open, I got up that morning about five o'clock, and heard a noise, but I thought it was one of Mr. Oldham's servants up; I did not stay above five minutes in the house, before I went out for the dust shovel into the garden; I took the shovel, and went in doors again.

Q. At your opening the door and going out, did you make a noise that could be heard at Mr. Oldham's? - A. I do not know, I did not make much noise, because I was afraid of waking our family.

Q. How far is it from the door that you opened to the back kitchen window of Mr. Oldham's? - A.But a little way.

Q. Is it near enough to hear the opening of your back door there? - A. Yes, it is.

Q. After you had gone into the house again, did you hear any more noise in Mr. Oldham's house? - A. No, I did not.

Court. Q. Had you any candle with you? - A. Yes, I had; we sleep in the kitchen.

Court. Q. Then it was necessary to light a candle, was it, when you got up? - A. Yes; it was pitch dark.

Q. How did you light your candle? - A. I struck a light.

Court. Q. When you went into the garden, did you take the candle with you? - A. Yes, I did.

Court. Q. What sort of a noise was it? - A. I thought it was something like the opening of a shutter.

Q. Does Mr. Oldham's back kitchen window look into your garden? - A. There is a brick wall between.

Mr. Gurney. Q. Do you come down steps from your back door into the yard? - A. Yes.

Q. As you carry a candle down those steps, would the light of that candle shew over the wall? - A. I dare say it would.

ALICE WARING sworn. - Examined by Mr. Gurney. I live next door to Mr. Oldham; I recollect Mr. Oldham's house being broke open.

Q. Did you examine in your garden if there were any tracks of footsteps? - A. Yes; I saw the footsteps in the garden, across from one garden to the other, adjoining Mr. Oldham's yard.

Q.What number of footsteps were there? - A. I do not know the number, there was a very great difference in the steps, one footstep appeared to be like the mark of a woman's shoe; they appeared to me to come from the play-ground of Miss Jones's school across my garden to Mr. Oldham's.

Q. What time in the morning did you observe these footsteps? - A. Between nine and eleven.

Cross-examined by Mr. Agar. Q.There were women residing in your house? - A. Yes.

Q. And those women sometimes walk in your garden? - A. Certainly.

Court. Q. Was it upon the gravel walk, or where? - A. Upon the mould, on the borders; the footsteps went both ways towards Mr. Oldham's, and back again.

Court. Q. Was the woman's foot distinguishable both ways? - A. No; only back again.

Court. Q. Will you undertake to say that it was the impression of a woman's shoe? - A. It appeared to me to be so.

(Here Mr. Oldham drew a plan and presented to the Court, describing the situation of his premises, and those adjoining).

JAMES BLY sworn. - Examined by Mr. Gurney. I am a constable of St. John's, Westminster: I apprehended the prisoner at the bar, on the 22d of December; I found upon her, a table spoon broke, two tea-spoons, a pair of silver tea-tongs, part of a silver bottle label, upon which the word Sherry had been, She remained upon it, and fifteen counterfeit shillings; I found nothing else relative to this charge, (produces the property); I apprehended her in Compton-street, upon another business; I found these things in her left-hand pocket.

Cross-examined by Mr. Agar. Q. This was on the 22d, a week after the robbery? - A. Yes; she said, that she came by them honestly; but the marks could not be sworn to.

Q. You know the prosecutor, in this case, offered a reward of thirty guineas? - A. Yes.

Q. Have you not received any part of that? - A. No.

Q. Not fifteen guineas? - A. No.

Q.But you expect it in this case? - A. I do.

Mr. Gurney. (To Oldham). Q. Are there sufficient remaining of the marks for you to know that they are your property? - A. There are upon all, except the bottle label.

Court. Q. What are the marks? - A. T E O; I have some more of the same sort, (produces both table and tea-spoons); there is one of the tea-spoons that I know from another mark, having met with an accident, it was bent in the bowl, and has been since straitened.

Mr. Gurney. (To Ann Hornsby ). Q. Look at these spoons? - A. I know this spoon that was bent very well, it is Mr. Oldham's; I know it by the marks in the bowl.

Mr. Agar. Q. You were not so positive before the Magistrate? - A. Yes; I said, there, it was the same.

Court. When the question is asked, it is right to state, that the examination is here, that she did say she was sure it was her master's.

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

GUILTY of stealing goods, value 39s. (Aged 26).

Transported for seven years .

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

Reference Number: t17980110-21

86. WILLIAM HOLMES was indicted for feloniously stealing on the 19th of December , a wooden till, value 6d. 1152 halfpence, value 48s. and 3l. in monies numbered , the property of Ann Swindell , widow .

ANN SWINDELL sworn. - I am a widow; On Tuesday, the 19th of December, the prisoner came into my house, I keep wine-vaults , between five and six in the evening, I was gone out of the shop into an inner room to tea, and before we had drank one cup, we heard a rattle of halfpence in the shop behind the counter; I immediately ran to the shop, and my nephew caught the man before he got to the door; he secured him till the officers came from Bow-street; two of them searched him, and took him away; there was no money found upon him; he had got the till out of its place, and laid upon the counter; he finding himself caught, went down upon his knees and begged for mercy; it was a wooden till, containing 3l. in silver and 48s. in halfpence; he begged for mercy, and said, he had a wife and children; I told him, as he had put himself under the law, he must abide by it, he had had no mercy upon me or my children.

Prisoner. Q. Did you see me take it? - A. No.

Q. Did you see me put it down? - A. No. He said he did not mean to take it away.

Court. Q.When had you last seen it in its place? - A. Some hours before; my nephew had seen it very shortly before.

- sworn. - I was drinking tea with the last witness; I heard a noise like the rattling of halfpence; I went into the shop, and saw the prisoner in the shop.

Q.Running or walking? - A. Walking.

Q. Did you see him have hold of any thing in the shop? - A. No; about three minutes before, I saw the till in its proper place; when I went into the shop it was drawn out, and put upon the counter.

Jury. Q. Was the till locked? - A. Yes, but the key was in it.

Prisoner's defence. I had just left work, I looked in for a glass of gin, and as I went in at the door a man struck me, and knocked me backwards; I am quite innocent of it.

GUILTY .

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

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

Reference Number: t17980110-22

87. ELEANOR NOWLAND was indicted for feloniously stealing, on the 31st of December , a silver table-spoon, value 10s. a silver tea-spoon, value 2s. a linen frock, value 2s. a flannel petticoat, value 2s. and a dimity petticoat, value 2s. the property of Elizabeth Townsend , spinster .

ELIZABETH TOWNSEND sworn. - I am a single woman, I keep a house in Russell-street, Covent-

Garden : I had hired the prisoner on the 29th of December, from the office at Charing-cross; I had a very good character with her, but have every reason to believe it was a false one; I had all the things in my hand on Saturday the 30th of December, and I missed them the next day about twelve at noon, I had occasion to go to the drawer and missed my things; I sent for an officer, and he searched her, he found one of the spoons in her pocket; on the Saturday night I sent her out of an errand, and she was gone about two hours and a half, when she need not have been gone ten minutes, and she came home very much in liquor.

JOHN M'GREGOR sworn. - I searched the prisoner, and found upon her this tea-spoon; she told me she found it in a company up stairs, and had put it in her pocket for safety.

Court. (To Townsend.) Q. Did you keep any thing of a public-house? - A. Yes; I keep a lodging-house.

Q.(To M'Gregor.) What is the prosecutrix - does she keep a lodging-house for men or women? - A. I believe, both.

Q. In Covent-Garden? - A. Yes.

Prisoner's defence. She keeps the Key bagnio, a most infamous house; the spoon was up stairs with a sea-faring captain and two women, and I put it in my pocket to take care of it; she takes in women and children all day long; her women steal her property, and then she lays it on innocent servants.

NOT GUILTY .

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

Reference Number: t17980110-23

88. SAMUEL SAMUELS was indicted for feloniously stealing, on the 7th of December , a cloth cloak, value 20s. two aprons, value 5s. a linen shift, value 1s. a muslin handkerchief, value 1s. a linen shawl, value 2s. a linen handkerchief, value 1s. a linen cap, value 6d. a flannel cap, value 6d. a pair of cotton stockings, value 2s. and a looking-glass, value 6d. the property of Martha Harris ; and a linen towel, value 6d. the property of Edward Harris .

MARTHA HARRIS sworn. - Q. Are you a married woman? - A. No, Edward Harris is my father; I live in Burleigh-street, Exeter-change , my father is an army cutter, an army taylor : On the 7th of December, I was going to see a friend on board the Brunswick East-Indiaman, at Blackwall.

Q. Had you occasion for the things you carried with you? - A. Yes; I packed up the things mentioned in the indictment, they were all my property, except the towel, and that was my father's, I tied them up in one of the handkerchiefs; I know nothing of the prisoner, except that I met him the night before by Temple-bar, and he, out of friendship, said he would shew me the way to the ship, he was an acquaintance of my friend that I was going to see; the first time I had ever seen the prisoner was with my friend, about a month ago; I never was on board a ship.

Q. Had he ever been at your house before? - A. No, never.

Q. What time of night was it when you met him at Temple-bar? - A.About seven o'clock, as near as I can guess, he asked me if I was going on board a ship next day; I told him I was; he asked me if he should come and shew me the way, that he was sure I should never find the way by myself; I told him he might come up to shew me the way; he came, and waited till I had tied up the things, I put them down upon the table in the room where he was, till I had prepared myself to go; when I was ready to go, I was going to take the bundle up to carry, he said, no, it would be too heavy for me to carry it, he would carry it; I said, no, I would carry it, I did not wish to give him the trouble of carrying it; he told me not to mention the trouble, for it was none; accordingly he took the bundle off the table, and walked down stairs immediately; I walked down immediately after him, and when I got to the bottom of the stairs, he was absent, I did not see him go; I made endeavours to find him along the Strand, through Exeter-street, and up and down every street where I thought I might be liable to see him; I did not see any more of him till he was taken prisoner on the Monday evening following; I was told, by an acquaintance of his, where he slept, I went down with the watchman, and took him up; it was in a house in Ship-yard, Temple-bar, I told the watchman that was the prisoner; he said, if I gave charge of him, he would give charge of me; I told him he was very welcome to do that; when he got to the watch-house, he said, he was knocked down, with the bundle, as he was going across Stepney-fields.

Q. He was not to go to this ship without you? - A. No; he was to go to shew me the way.

Q. Did you ever see any of these articles again? - A. No.

Cross-examined by Mr. Knapp. Q. Have you got any more witnesses here? - A. No; my father is out of town.

Q. The watchman is not here? - A. No.

Q. You were to take this bundle to the ship? - A. Yes.

Q. Stepney-fields is in the way to Blackwall? - A. Yes, I believe it is; I am a stranger to that part.

Q. You told us what business your father was - what business are you? - A. I work in the muff business, in a shop in the Strand, near Templebar.

Q. You know Temple-bar very well? - A. Yes, I am often that way.

A. Sometimes of an evening too? - A. Never unless my business calls me.

Q. But does your business call you there frequently? - A. No, unless my father should want me to go that way.

Q.You knew the prisoner lived in Ship-yard before? - A. I knew he lived in Shire-lane, but did not know the house.

Q. How came you to know the prisoner lived in Shire-lane? - A. Because this friend that I was going to see told me so.

Q. What is his name? - A.Noble.

Q. What is he? - A. He has got a place on board a ship.

Q. A single man? - A. Yes.

Q. How long have you known the prisoner? - A. A twelvemonth.

Q. You have frequently seen him? - A. Yes, in that neighbourhood; because his mother keeps a house in Ship-yard; I know his mother.

Q. You frequently went to see him? - A. Not to see him; his mother did keep a shop in the fruitery line, and I have been there to buy things.

Q. How often had you seen the prisoner before this happened? - A. Three times.

Q. Where had you seen him? - A.Frequently, in that neighbourhood, in the street passing by.

Q. For what purpose were you going there? - A. My father was coming to me on the Sunday.

Q. You were to stay on board the ship? - A. Yes; there was a young woman there I was going to see.

Q. You had packed up these little articles to stay on board the ship with Mr. Noble for three days? - A. I was going to stay till Sunday.

Court. Her connection with Mr. Noble has nothing at all to do with this case; let it be what it would, she is not to he robbed; and the robbery is distinctly proved.

Prisoner's defence. I have known this girl upwards of a twelvemonth; I was on the Wednesday night in Shire-lane, in company with this sailor, this girl came there, and the sailor told her, he was going on board a ship; this girl asked him whether he would let her go with him, and he said, yes; he told her, he should come to her house the next morning, with me, at seven o'clock, to go on board; she told him, there was a string to pull the door, if the door should be locked; we parted that night, and came again the next morning, and he said, it was of no use for her to go with him, and he asked me if I would go on board ship with him that day, and I went with him on board, and then I came home from the ship, and he asked me if I would go for her the next day; and I accordingly did call for her, about one o'clock, and she asked me if I wanted any thing to eat; I told her, yes; and she gave me a bit of bread and cheese; and then she asked me, whether she should take any thing on board; I said, if she was going to stop, she might; then she said, she would stop on board; she accordingly packed up some things, and she asked me, if I would take them for her a little way; she said, she would carry them some part of the way; I told her, yes, I had no objection to it; she then asked her father, how long she might stop; her father said, he did not care how long; her father gave me a towel, and asked me, if I came up the next day, if I would bring him some biscuits; I told him, if I did come up, I would bring him some; then we both came down stairs, and she stopped to put her pattens on, and told me to go on; accordingly I went on; going on, I missed her on the way; I thought she had got on before me; I went down towards Limehouse, and coming along Stepney fields, I met with two sailors, they asked me, what I had there; I told them, I had a few things to take on board a ship; they asked me, what ship I was going on board of; I told them the name of the ship; and while I was telling them, one took the bundle away, and the other struck me, and made my nose bleed; I did not know what to do, I thought it would be the best way to make my way towards home; and making my way towards home, I came along Wapping, and I met a young woman that I knew; she asked me, what I had been about, and I told her what had happened; she told me, it would be best for me to go home; I told her, I was afraid to go home; and in a night or two after, I met with this girl in Shire-lane, and she did not say any thing to me then; and soon after, she charged the watchman with me, the same night.

Court. (To Prosecutrix). Q. Had you met the prisoner in Shire-lane that night, before he was apprehended? - A. No, I had not; I did not see him.

The prisoner called Samuel Phillips , who had known him two or three years, and gave him a good character.

GUILTY (Aged 16.)

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

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

Reference Number: t17980110-24

89. JAMES WRIGHT , WILLIAM WRIGHT , and JOHN SEYMOUR , were indicted for that they, on the 2d of January , in the King's highway, in and upon John Gray , did make an assault, putting him in fear, and taking from his person, a silver watch, value 20s. a steel watch chain, value 6d. a metal watch key, value 1d. and 4s. in monies numbered , the property of the said John.

JOHN GRAY sworn. - I am a shoe-maker : On Tuesday evening, the 2d of January, a little after five o'clock, I was coming to London from Edgware , I had been down to see my relations.

Q. Had you been drinking? - A. No.

Q. Had you not been making merry on New Year's Day? - A. No.

Q. Were you on foot or on horseback? - A. On foot, I met the three prisoners at the bar between the three and four mile stone; one of them passed me first, the second came to me, presented a pistol, and demanded my money; I lifted up my stick to strike him, and it was taken from me immediately by one of them, I cannot say which; I then ran a little way, and the prisoners pursued me; upon one of them saying, shoot, I stopped immediately, and the three prisoners came up, each with a pistol, and demanded my money.

Q. What size were the pistols; - A. They appeared to me to be pocket pistols; I begged of them not to use me ill, and I would give it them; I gave them 5s.; they asked me if that was all, and I said, no, I had another sixpence, and they gave me a shilling back again, and took my watch from me; when I had got a little further towards Town, I met some countrymen, and I asked them to pursue, we pursued them immediately, but did not find them till near two hours after; at last we found them exactly facing the gibbet, about a mile further from Town than where I was robbed; we took them to a public-house, and searched them; I saw my watch found upon them, and I saw two pistols taken from them.

Q. What sort of light was it? - A. It was after dark, but the moon was rising; I saw their faces very clearly.

Q. Have you any doubt about the men at all? - A. Not the least.

Cross-examined by Mr. Knowlys. Q. Do you recollect, before any of them came up, hearing any conversation about the father or mother? - A. I think I heard one of them say, I wonder what my father would say to this; I understood it so.

Q. They returned you one shilling out of your five shillings and sixpence? - A. They returned me one shilling, and did not take the sixpence.

Q. Do you know upon which of them the watch was found? - A. No; I was in the room when it was taken from him, but it was not taken from him by me.

CHARLES WRIGHT sworn. - I am a wheelwright; I pursued the prisoners, and was present at the time they were taken, I helped to take them; I saw them searched, and a pistol taken from the young man in the middle, ( William Wright ); I did not see the watch.

Court. Q. How was the moon? - A. It was a full moon that day.

EDWARD AUSTIN sworn. - I went in pursuit of the prisoners, I saw them searched; I took a pistol from one of them myself.

Q. Which of them? - A. John Seymour; I did not see the watch taken.

HENRY TAYLOR sworn. - I joined in pursuit of the prisoners; I saw two pistols taken from them; I took a pistol from the middle one, ( William Wright ,) and another from Seymour; I saw a watch taken from him on the left-hand side, James Wright.

WILLIAM TILLIARD sworn. - I joined in pursuit of the prisoners; I saw the watch taken from James Wright , I saw a pistol taken from Seymour, and one from William Wright .

WILLIAM MORGAN sworn. - I joined in pursuit of the prisoners; I took from James Wright , nine balls, and two knives; I took the watch from James Wright , Fugion the officer has got it.

EDWARD FUGION sworn. - I am an officer of Bow-street, (produces the watch and the pistols;) they were delivered to me by the last witness.

Gray. I know the watch by the chain, and the appearance of it; I have a memorandum in my pocket of the name of the maker, and the number, and it corresponds.

The prisoners left their defence to their Counsel.

The two Wrights called six witnesses, and Seymour one witness, who gave them a good character.

James Wright , GUILTY . Death . (Aged 19.)

William Wright , GUILTY. Death. (Aged 17.)

John Seymour , GUILTY. Death. (Aged 19.)

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

Reference Number: t17980110-25

90. WILLIAM NEWTON was indicted for feloniously stealing, on the 20th of December , eight sheets of copper, containing 49lbs. weight, value 30s. the property of David Crombie , and Joseph Longbottom .(The case was opened by Mr. Ward.

JAMES TAYLOR sworn. - Examined by Mr. Ward. I am foreman to Messrs. David Crombie , and Joseph Longbottom : On the 20th of December, I received into our warehouse, 200 sheets of new copper; I locked up the warehouse between six and seven o'clock, with all the copper safe in it; about ten o'clock at night, I was called up by the watchman, I went to the watch-house first, and then I went to the accompting-house and examined it, and found the box of the lock broke off, and sixteen sheets of copper gone.

JOHN VINCENT sworn. - Examined by Mr. Ward. I am a watchman of Ratcliff; on the evening of the 20th of December last, I apprehended the prisoner about ten o'clock, coming up some steps from a yard adjoining to Messrs. Crombie's dock; I asked him what he had got there, he said he had

got a few pieces of copper; I asked him where he had got them, he said, he had got them on board a ship in the dock; I desired him to put it down, and let me see what it was, he laid it down in the street, and I stopped him and the copper, and with another watchman, took him to the watch-house.

ABRAHAM FORRELL sworn. - I received this copper from the last witness, I have had it ever since.

Did you promise him any favour if he confessed? - A. No, I did not.

Q.Nor threatened him? - A. No; he said he had taken it from a ship in the dock; I went down to examine the premises, and found them broke open; I went back, and asked him, how he came to do it, he said, he did it through need, he said, he was the person, and he alone that did it. (The copper produced).

Taylor. This is our copper, there is 22 marked at the corner of each sheet, all the 200 are marked 22.

The prisoner did not say any thing in his defence.

GUILTY (Aged 20.)

Transported for seven years .

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

Reference Number: t17980110-26

91. SARAH BROWN , otherwise MARY LEVER, otherwise SARAH MELLISON , was indicted for feloniously stealing, on the 15th of September , eight pieces of cotton furniture belonging to a four-post bedstead, value 50s. and a diaper towel, value 1s. the property of Jane Gibson , spinster , in a lodging room .

JANE GIBSON sworn. I am a single woman, I let lodgings, I live in Little Titchfield-street, Oxford-market : On Friday the 15th of September, I let a furnished lodging to the prisoner, at a guinea a week, the articles in the indictment was furniture let in those lodgings, she staid a very short time with me, she came between one and two o'clock in the day, and took possession of the lodgings about four o'clock the same day; she desired me to call her rather before six o'clock, she said, she had been travelling by the stage, and was very much fatigued, and wished to lie down to rest her self; accordingly, at the time she appointed, I called her, she desired me to walk in, and I attempted to open the door, but it was locked; she said, she was going to where the stage put up, to meet her husband, and she would return again in about half an hour, or three quarters of an hour at most, and desired I would have the kettle boiling against her return, for tea; she took the key of the apartment with her, and she never returned; I did not attempt to get into the apartment till the Monday following, this was on the Friday; when the apartment was broke open, I discovered that I had lost a set of curtains, belonging to a four-post bedstead, it was in eight pieces; I lost a diaper towel, and I found the curtains again, full three months afterwards, at Mr. Benjamin Patmore's, in St. Martin's-lane, I never found the towel, I should know the curtains again, when I saw them.

Q. Are you perfectly sure that is the woman? - A. Yes; I have seen her twice.

DAVID PENYMAN sworn. - I am a pawnbroker, (produces eight pieces of cotton, four post furniture); I took it in of a woman calling herself Sarah Wilson.

Q. Do you know that woman? - A. I do not; from what I can recollect, she was a short woman, inclinable to be lusty; she told me she lived at No.45, Chandos-street, and she said she kept a house there.

Q. Have you taken the pains to go to Chandos-street, to enquire if there was any such person there? - A. No, I did not.

Q.What did you give her upon it? - A. Two pounds ten shillings; it was pawned on the 15th of September, to the best of my recollection, between seven and eight in the evening.

WILLIAM GUYER sworn. - Mrs. Gibson told me the prisoner was apprehended, it may be a month or six weeks ago, and I went with Mrs. Gibson to the New-prison to see her, she had a book in her hand; after a little conversation, I called her on one side, and told her to acknowledge to the property, and it would be a great deal better for her.

Court. Then you may stand down

NOT GUILTY .

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

Reference Number: t17980110-27

92. SARAH BROWN was indicted for feloniously stealing, on the 21st of November , a black silk cloak, value 5s. and a pair of silver sugar tongs, value 7s. the property of George Lee .

JANE LEE sworn. - I am the wife of George Lee , I live in Great Queen-street, Lincoln's-Inn-fields : On the 21st of November, about twelve o'clock in the day, the prisoner came to my house, I had never seen her before in my life, she came and asked if we had any apartments to let; I told her I had, and she saw them, and engaged them for two months certain; I told her the lodgings would not be ready that day; she said she was the wife of Captain Wilson, that she came from Yarmouth; she pressed very hard to come the same day; she said, she had not where to be but at the inn, which was very awkward to her, not having her husband with her.

Q. Was the parlour the room she was to have? - A. No; she then went away, and returned in

about half an hour with a small bundle tied up in a silk handkerchief; she went into the parlour and staid there about two hours, she was alone during that time; she then came out to me in the shop, and said, she was going to the White-house, Fetter-lane, to order her boxes to be brought; she told me she should be back in about half an hour, and ordered me to get the tea-kettle boiling against she came back, that she might go to bed; I told her I would; she said, she was very much fatigued with riding in the coach two nights, and wished to go to bed, she went away and never returned after; when she had been gone about an hour, I began to suspect she was a thief, I went into the parlour and began to search to see what I could miss; I found there was my black cloak missing that hung up in the parlour.

Q. Are you sure the cloak was hanging up in the parlour when the prisoner was shown into it? - A. Yes, I had hung it up just before she came; I went to the closet, in the same room, and missed a pair of tea-tongs, I had seen them there that day; we had other plate in the closet, but nothing more was missing; I did not see her again till I saw her at Bow-street, which was about a fortnight after.

Q. Did you take notice enough of the person to be sure to know her again? - A. Yes.

Q. Is the prisoner that person? - A. Yes.

Q. Did you find either cloak or sugar-tongs again? - A. Yes, I saw them at Bow-street, and swore to them; the cloak was found in prison, but the lace was taken off, and spoiled.

GEORGE JONES sworn. - I am apprentice to Mr. Ashman, pawnbroker, in the Strand: On the 21st of November, I took in a pair of tea-tongs, and a table-cloth, of a woman in the name of Hill; she said she came from Sarah Mellison, which is the name the prisoner goes by; I knew her very well.

Q. Do you know the woman that came to you, Mrs. Hill? - A. Yes, very well.

Q. Was the prisoner present when you were examined at Bow-street? - A. Yes.

Q. Do you recollect what you said then? - A. I said that the things were pledged in the name of Hill, they were not pledged by the prisoner.

Q. Did you never see the prisoner upon the subject of those tongs that were so pledged by anybody? - A. No.

Q. What became of the tongs? - A. I have them in my possession. (Produces them).

Q. How much did you lend upon them? - A. Upon the table-cloth I lent seven shillings, and on the tongs five shillings.

JOSEPH TAYLOR sworn. - I am one of the officers of Bow-street: I took the prisoner into custody on Thursday the 7th of December; on searching her I found a great number of duplicates, and among the rest the duplicate of the sugar-tongs. (Produces it).

Jones. This is the duplicate I gave to the person that pawned the sugar-tongs; the duplicate says, Elizabeth Nelson by Sarah Hill; they both lodge in one house, No. 12, Charles-court.

PETER JACOBS sworn. - (Produces the cloak). I am servant to Mr. Newport, the Governor of New Prison, I attend Bow-street office; I had an order from the office to bring the prisoner up to the office, upon the application of Mrs. Lee, after she was in custody; I brought her from the New Prison to Bow-street office; when we came to the office, Mrs. Lee was there, and she made a charge against her concerning her cloak, and when I brought her back to New Prison the prisoner gave me this cloak, Mrs. Lee was there at the same time; she received it from a man there that had the custody of it, and then she gave it to me.

Mrs. Lee. This is my cloak, I made it myself, I am positive it is mine; the sugar-tongs are marked M F, they are family tongs.

The prisoner did not say any thing in her defence.

GUILTY (Aged 29.)

Transported for seven years .

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

Reference Number: t17980110-28

93. ISAAC COLNETT was indicted for breaking and entering the dwelling-house of Thomas Acton , about the hour of eleven in the night of the 28th of December , and stealing a hempen bag, value 6d. 2700 halfpence, and 24 farthings, value 5l. 12s. 6d. the property of Thomas Nichal , Mico Wagstaff , and Thomas Acton .(The case was opened by Mr. Knapp.)

THOMAS NICHAL sworn. - Examined by Mr. Knapp. I am in partnership with Mico Wagstaff, and Thomas Acton, ironmongers , in Cow-lane, Smithfield .

Q. Whose dwelling-house is this? - A. Thomas Acton 's, he alone resides in the house; the prisoner was our errand-boy , I had dismissed him about ten days before the robbery: On the 29th of December in the morning, about nine o'clock, I missed from my desk in the warehouse -

Court. Q. Is the warehouse a part of the dwelling-house? - A. It is, completely.

Mr. Knapp. Q. Of the warehouse you all pay the rent jointly? - A. We all pay the rates, and the rent of the whole of the house; Mr. Acton has permission from the partners to live in the upper part of the house.

Q. Are there any partnership servants living in the house? - A. Yes.

Q. You found the desk broke open? - A. Yes, completely; then we looked to see what was gone;

we missed about forty pounds weight of halfpence and farthings, I had not seen them for a considerable time before; the person whose care it was in is in Court.

- PALMER sworn. - I am warehouseman to these gentlemen; this money was lost from a desk in the shop under my care, there were five pounds fifteen shillingsworth of halfpence and farthings, I have not counted them, they were as I received them, I missed a bag at the same time; I have seen the bag and the halfpence since, I believe them to be the prosecutor's property, on Friday morning I missed them; I saw the prisoner at the bar at the Compter, and had some conversation with him, on the Saturday.

Q. Did you say any thing to induce him to say what he did? - A. No.

Mr. Knowlys. Q.What did you say to him? - A. I asked him to explain the manner in which he had done it.

Q. Did you not tell him, you thought that his masters would be more indulgent to him? - A. I did not, nor any thing like it; he informed me, that about seven o'clock, he got over the wall into the yard, that he went into the warehouse, and concealed himself in the nail cellar; I told him, I was at work in the warehouse that evening till after eight o'clock, he told me he had cut a tackle rope, took that up stairs with him, and opened a door to an adjoining warehouse, unlocked an adjoining door, and then went out at the top of the house by opening a trap-door; he took this rope with him along the top of the house, till he came over the accompting-house; he then made this rope fast, so as to let him down into the accompting-house; he then broke the glass in the accompting-house, to unbolt the door of another accompting-house; he then got through the window from the accompting-house into the shop; he then went behind the counter, and attempted to break open the till, but without effect; he then broke off part of the flap of a desk, which I saw upon the counter, when I came down, and took twenty-three papers of halfpence; I asked him if he had taken any thing else, and he said, no, excepting the bag; he told me, he then took the ladder out of the shop, and got on to the accompting-house again; I asked him what he had done with the rope, he said, he took it with him over the wall, and threw it down a necessary, where it was found according to his description.

JOHN WATTS sworn. - I am a watchman; on the 29th of December, in the morning about two o'clock, I apprehended the prisoner in Aldgate High-street, with a bag upon his shoulder, I took him and the bag to the watch-house; the bag is in the possession of the officer.

WILLIAM BOXER sworn. - I was constable of the night, (produces a bag;) I received it from the last witness, it contains bad halfpence.

Q.(To Palmer.) Look at that bag? - A. I am certain this is my master's bag, it contains halfpence and farthings.

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

GUILTY of stealing, to the value of 39s. but not of breaking and entering the dwelling-house.

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980110-29

94. JAMES AKERMAN was indicted for feloniously stealing, on the 28th of December , a leather pocket-book, value 3s. 6d. the property of John Murray .

JOHN MURRAY sworn. - I am master of the Blazer Gun brig , at Woolwich; I was walking, on Thursday the 28th of December, from Somerset-house, where I had been transacting some business, at the Navy office, and I had got as far as Temple-bar , when I felt a hand in my pocket, and instantly clapping my hand to my pocket, found my pocket-book gone; I saw the prisoner at the bar at my elbow, and taxed him with the theft, he denied it with the utmost coolness; I clapped my hand to his coat pocket, and found nothing that could give me a suspicion that if was there; a gentleman now in Court, Mr. John Dawson, was passing by at the time, and while I was in conversation with him, a coachman called to me, and in consequence of what he told me, I ran up to the prisoner, and took the pocket-book out of his possession, he had a stick in one hand, and the pocket-book under his coat, on his left-side, with his arm close to his body; I took it out in the presence, I suppose, of 100 people, it was the same book that was in my pocket, (producing it;) there were a vast number of letters in it, directed to myself, and a variety of other papers, by which I know it to be mine.

Cross-examined by Mr. Knowlys. Q. Upon searching his coat pocket, you found nothing to justify your suspicion? - A. No.

Q.During the short conversation you had with Dawson, you lost sight of him? - A. No; I kept sight of him the whole time.

Q. When you went up to him the second time, did he not say, now, sir, I have it? - A. No, he did not; I took it from him before he could have time to say a single word; after I had taken it from him, he said so.

Q. You seized him so instantaneously, that he had no time to speak? - A. Yes.

Q. Did he not tell you he had picked it up? - A. Yes, after I had taken it from him.

Court. Q. Is the coachman here? - A. No, he is not.

JOHN DAWSON sworn. - I live with my brother, who is a ship and insurance broker; on Thursday the 28th of December, between one and two o'clock, I was coming from Somerset house, into the city; a little on this side of Temple-bar, the prosecutor laid his hand on my arm, I never saw him before, and asked me, if I thought the prisoner had picked his pocket; I told him it was impossible for me to say; at that moment, a coachman in livery came up, and I assisted the prosecutor in seizing the prisoner; we found a pocket-book in the inside of his coat, that is all I know of it, the prosecutor said it was his.

Mr. Knowlys. Q. He said he had picked it up, after the prosecutor had first taxed him with it? - A. Yes.

Prisoner's defence. On the 28th of December, I had been to see my mother, who lives in Edward-street, Soho, from thence I went to the Strand; I was going to see John Owen , a servant of my late father's, who is extremely ill, and for whom I have a great respect; as I was going under Temple-bar, I was there accosted by Mr. Murray, who said, have you got my pocket-book? I instantly replied, no, I am not a man of that description; I had my cane in my right-hand, and nothing in my left-hand; Mr. Murray took my coat, opened it, and looked inside, but found nothing, he seemed confused, and going along between Mr. Child's, the banker's, and Temple-lane, I picked up the pocket book, before I could turn round to shew it, or offer it, to Mr. Murray, I was seized instantaneously, so much so, that I had the book forced up against me in the manner Mr. Murray has described; he said, you have got my pocket-book, I said, yes, I have, I have picked it up; Mr. Murray would not have gone any further in it, but Mr. Dawson would have me taken to Bow-street; going along in the coach, he said, we shall soon do his business for him.

Q.(To Murray.) Did you see the prisoner stoop at any time? - A. I did not.

Q.(To Dawson.) Did you see him stoop? - A. I did not, he was out of my sight.

Jury. (To Murray.) Q. The prisoner says, you opened his coat? - A. I solemnly protest, I did not touch his coat above the pockets.

Prisoner. Q. Did you not turn your back to go through Temple-bar? - A. No; I went sideways, and kept sight of you all the time.

The prisoner called seven witnesses, who had known him from three to twenty years, and gave him an excellent character.

GUILTY (Aged 28.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980110-30

95. ANN MORETON was indicted for feloniously stealing, on the 2d of January , 40 yards of muslin, the property of Robert Harvey , privately in his shop .

ROBERT HARVEY sworn. - I am a linen-draper , in Oxford-street : On the 2d of January, between four and five in the afternoon, I saw the prisoner going out of the shop, when she had got to the door, I saw one of my young men take hold of her, and bring her back; I desired him to take her up into the drawing-room and search her; there is a door at the bottom of the stairs that goes into the house-passage; when she had got one foot in that passage, I saw my young man pick up two quantities of muslin; I went up stairs into the drawing-room with her, and while I was sending for a constable, I saw her drop a quantity of muslins, which I picked up; the constable searched her, and I saw him take two quantities of muslin out of her pockets; she was immediately taken into custody.

Mr. Knapp. Q. Have you any partner in your business? - A. No.

NICHOLAS FICHUE sworn. - I am shopman to Mr. Robert Harvey: Between four and five o'clock, on the 2d of January, the prisoner at the bar came into the shop with a young man, and asked me for two squares of muslin for cravats, I shewed her them; the prisoner had the same cloak on that she has now, with a white shawl under it, and by the motion of her arms, I had a suspicion of her; she bought two squares of muslin, and the young man gave me 15s.; when the prisoner went away, I went after her, and just as she was going out at the door, about forty feet from the counter, I told Mr. Harvey, in the hearing of the prisoner, that I had a suspicion of her; he desired me to take her up stairs into the drawing-room, and just as she was going upon the first step that separates the shop from the house, I saw her drop two pieces of muslin from under her cloak; as we were going up stairs, I saw another piece, a small quantity, drop from her clothes behind her; and in the drawing-room, she dropped the piece mentioned by Mr. Harvey; she had her hand under her cloak, or somewhere behind her, I cannot say exactly.

Q.Then you saw four pieces drop? - A. Yes; and then the constable came and found upon her two pieces more, he took them out of her pocket; he has got them, I have got the rest. (Produces them).

Q. What countryman are you? - A. A Frenchman.

Cross-examined by Mr. Knapp. Q. You are sure that you observed the motion of the prisoner at the time that you suspected her? -

Court. There is an end of the capital charge.

Mr. Knapp. Then I am satisfied, my Lord.

Moreland, the constable, produced the two parcels of muslin which be took from the prisoner.

Harvey. These pieces have my private mark upon them.

Fichue. I can swear that I shewed her these goods; I had just sold a piece of them to another customer.

Prisoner's defence. I take in washing; and the young man that was with me, kept loading the muslin upon me, and I was so terrified, I did not know what to do; I have two fatherless children; I beg the mercy of the Court.

The prisoner called John Field, who had known her between four and five years, who gave her a good character.

GUILTY of stealing the goods, but not privately in the shop . (Aged 52).

Transported for seven years .

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

Reference Number: t17980110-31

96. JAMES WARING was indicted for breaking and entering the dwelling-house of Thomas Halford , about the hour of six in the night of the 20th of December , and burglariously stealing six yards of calico, value 5s. the property of the said Thomas.

THOMAS HALFORD sworn. - I am a haberdasher , in the City-road : On Wednesday, the 20th of December, between five and six in the evening, I was at dinner in the back parlour behind the shop, there was a candle on the shop counter, and one in the window; my son went into the shop, and holloaed out, thieves! I went after him, I saw the prisoner walking through the mud across to Cox's brewhouse, there was another man with him; I apprehended him, and brought him back; I left him in the custody of my wife and a neighbour, and went after the other man, and he dropped the calico; when I charged the prisoner with it, he denied it.

THOMAS HALFORD , junior, called. - Q. How old are you? - A.Thirteen.

Q. Do you know what will become of wicked men, who do not speak the truth, after they are dead? - A. Yes; they go to Hell. (He is sworn). I went into the shop, and saw a man's hand come through the glass, I did not hear the glass break; I saw it whole about ten minutes before, I am sure it was not broke then, because there were some flannels in the window that I had moved further from the glass; I holloaed out, thieves! and ran out at the door, I saw Waring and another man standing close to the window, my coat brushed his as I was running out at the door; Waring run as far as Tabernacle-row, about ten yards, and then he and his companion made a full stop; Waring run into the road, and I after him; my father then came out, and I said, that is one of the men, and I would pursue the other; my father got Waring by the collar; I then saw his companion standing in the middle of the road; I went up to him, and he said, my boy, I will shew you where the people are gone; he said, they were gone down the road; I said, no, they went up the road; I came with him just by our door, then he tried to run away, and I caught him by the collar; he made a blow at me, I slipped on one side, and he threw the piece of calico away; I picked it up.

Q.Were there any body standing near besides those two men? - A. No.

Q. Is it a much frequented street? - A. No, not at that time in the evening.

Q. Was it dark or light at that time? - A. It was rather dark.

Q. Do you think it was so light, that if there had been no lamps, you could have discovered the features of a man's face? - A. Yes. The other man then got away. (Produces the calico).

Prosecutor. It has my private mark upon it, it is my property.

JOHN WRAY sworn. - I am one of the officers belonging to Worship-street: I was sent for to apprehend the prisoner; I examined his hand, and the back of his right hand was bloody.

Prisoner's defence. I am a drover ; I work in Smithfield: My master, Mr. Blackitt, had lost a sheep, it was supposed to have gone to Whitechapel in a drove; and I went into Old-street, in my way back, to get a pair of shoes; and in the City-road, I heard a cry of stop thief; I was picking my way across the road when I was taken.

GUILTY of stealing the goods, but not of the burglary . (Aged 18).

Transported for seven years .

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

Reference Number: t17980110-32

97. WILLIAM BUSHNELL was indicted for feloniously stealing, on the 10th of December , a kerseymere waistcoat, value 2s. the property of John Glyn , and a pair of men's leather shoes, value 2s. the property of John Lyon .

JOHN GLYN sworn. - I live with John Berridge, as ostler , at the George-yard, Whitcomb-street : I lost a kerseymere waistcoat, on Saturday night, the 9th of December, from the stables; I had seen it there at six o'clock that afternoon, it was hanging over a nail in the stable: On Sunday night, the 10th, between ten and eleven o'clock, I found the prisoner in the hay-lost of our stables, lying concealed behind a truss of hay, with my waistcoat on.

Q. Had he any business in your stables? - A. No. I had been robbed of a great many things, and I went to search the premises; the constable took the waistcoat from him; his name is William Ide, he has got it.

JOHN LYON sworn. - I am a coachman : On the Friday night, I lost a pair of shoes from the stables; when I came there, on Saturday morning, they were gone; I had cleaned them on the Friday night, and hung them up by the side of the bin, upon a shelf; I saw them again on the Monday morning, at the watch-house of St. Martin's; I knew they were mine.

WILLIAM IDE sworn. - On Saturday night, I sat as constable of the night; the prisoner was brought to me between ten and eleven o'clock, as near as I can guess, upon suspicion of having robbed the stables; I searched him, and found this waistcoat upon his body, and this pair of shoes on his feet, (produces them); Glyn spoke to the waistcoat immediately, and the coachman came forward on Monday morning and claimed the shoes; I have had them ever since.(The waistcoat was deposed to by Glyn, and the shoes by Lyon).

Prisoner's defence. I bought the shoes and the jacket of a man in a public-house where I breakfasted, the Stanhope-arms, in Panton-street.

GUILTY (Aged 16.)

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

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

Reference Number: t17980110-33

98. MARY FOSTER was indicted for feloniously stealing, on the 19th of December , five cotton gowns, value 3l. four muslin handkerchiefs, value 4s. a muslin petticoat, value 4s. two stuff petticoats, value 6d. two dimity petticoats, value 2s. three pair of cotton stockings, value 4s. a pair of dimity pockets, value 12d. a pair of ticking pockets, value 6d. two muslin aprons, value-4s. two checked aprons, value 2s. a linen shift, value 12d. a pair of Spanish leather shoes, value 4s. three muslin caps, value 3s. a linen cap, value 6d. a piece of calico, containing two yards, value 2s. a silver box, value 2s. a pair of ribbed gloves with silver clasps, value 6d. two small pieces of valvet, value 12d. three small pieces of linen, value 6d. two paintings in gilt frames, value 12d. a leather pocket-book, value 6d. a half-guinea, and two shillings, the property of Sarah Lamb , spinster , in the dwelling-house of William Kelsey .

SARAH LAMB sworn. - I am a single woman, I lodge at No. 13. Leather-lane , in the dwelling-house of Mr. Kelsey, a taylor, he is the landlord: On the 19th of last month, I went out about nine o'clock in the morning, the prisoner went out before me, she was a lodger in the same room with me, she said she was going to see the procession to St. Paul's; I returned about twelve the same day, and saw the shadow of somebody, under the door, walking across my room; on going up to the door I found that somebody had placed themselves against it, I spoke, but no one answered; then I forced my way in, and found the prisoner in the room, alone, and my clothes upon the floor in a handkerchief of her own; I had left them in two boxes, which were locked, I found both the locks broke; she pleaded pardon when she saw me; I sent for a constable, and had her taken up.

Cross-examined by Mr. Knowlys. Q. The prisoner lodged in this house before you? - A. Yes; I had been there about a week.

Q.There was another person besides her, I believe, that lodged in that room? - A. Yes, the woman that kept the room; and she let a part of it to me, and a part to the prisoner; her name is Sarah Sharpless.

Q.Therefore you had no communication with the landlord, but with Mrs. Sharpless? - A. No.

Q. You don't know, of your own knowledge, that his name is William? - A. Yes, I asked him the day I went to prefer the bill; I asked him on purpose.

Q. You had each of you a key of this room? - A. No; I had put the key in an adjoining closet; we always put it there for one another.

Q. The prisoner was a servant out of place? - A. That I know nothing about; she stiled herself a married woman.

- JACKSON sworn. - I am a silversmith: On Tuesday, the 19th of December last, I went to the room about eight o'clock in the morning, the prisoner was then in the room, she told me she was going to see the procession; I went to the room to go with Sarah Lamb to see the procession; the prisoner told me she had not been at home all night, she slept at a friend's house at the other end of the town; I left word with the prisoner that I should return again about nine, when I returned the prisoner was gone out; we went out and returned about twelve, and there being a vacancy at the bottom of the door, we saw somebody come and place themselves against the door; the prosecutor spoke, but she made no answer, then the prosecutor forced her way into the room; the prisoner pleaded poverty; her clothes laid upon a handkerchief in the middle of the room, and the boxes were both broke open; there was a piece broke out of one of them just by the lock, the other had the staple broke off the hasp; an officer was sent for, and the prisoner apprehended.

Q.Do you know the landlord's name? - A. Yes; he told me his name was William Kelsey.

Q. You never saw any writing of his, or any thing of that sort? - A. No.

ISAAC CLARKE sworn. - I am an officer, I was sent for to apprehend the prisoner: I found the

property lying about the room; I have had it ever since. (Produces it).

Court. (To Lamb.) Q. Do you follow any business? - A. At present I am a servant out of place. (The property deposed to by the prosecutrix).

Prisoner's defence. There were other people lodged in the room.

GUILTY (Aged 44.)

Of stealing goods to the value of 39s.

Confined two years in the House of Correction , and fined 1s.

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

Reference Number: t17980110-34

99. ELIZABETH CUSSICK was indicted for feloniously stealing, on the 20th of December , a cotton gown, value 5s. and two linen shirts, value 7s. the property of John Birch .

JOHN BIRCH sworn. - I keep a house in Shepherds-market, May-fair : On Tuesday the 19th of December, my wife and I went out about three o'clock in the afternoon; before I went out, I fastened up the kitchen where there was some linen; the house is full of lodgers, the prisoner was a lodger with us; the next morning, between eight and nine o'clock, our people were going to washing, I missed one of my wife's gowns; I did not miss the shirts till I came to the pawnbroker's, about half past ten; we had lost several things before this, and I was going to take out a search-warrant in consequence of some information; the pawnbroker lives in Chandler-street, Grosvenor-square, his name is Mulcaster, I found the gown there, of which this is the pattern, (producing a piece); I have found two shirts, marked with my own name, they are here.

Cross-examined by Mr. Knowlys. Q. Is your wife here? - A. No.

Q. Do you mean to tell the Jury that you take an account of your wife's gowns? - A. No.

Q. Your wife is not in ill health, I hope? - A. Yes, she is.

Q. If you did not take an account of your wife's gowns, how should you have missed them, unless from what your wife told you? - A. No.

Q.Neither did you take an account of the linen yourself? - A. No.

Q. Your wife might have given any body leave to pawn these things for any thing you know? - A. I hope not.

JAMES GEARE sworn. - I am a pawnbroker, No. 30, John-street, Grosvenor-square: On the 20th of December, the prisoner came to our house to pledge a gown and two shirts, with another person, in our shop, which I saw taken in; they were taken in, in the name of Cussick, the gown for five shillings, and the shirts for seven shillings and sixpence; I am sure she is the woman.

Cross-examined by Mr. Knowlys. Q. The pledge you took in you examined? - A. Yes.

Q.They were pledged in the proper name of this woman? - A.Yes, in her own name.

Q.The shirts were not taken in by you? - A. No.

Q.Therefore, of course, you did not examine them? - A. I did not.

Q. Is that other person here? - A. No, he is not.

Q. You find it a very common thing for one person, living in a house, pledging articles for another? - A. Yes, very often.

EDWARD TREADWAY sworn. - I am a constable: On Thursday the 21st of December, I went with the prosecutor to his house, and took the prisoner in a two pair of stairs room; I took her directly into custody, and went with her to the pawnbroker in Chandler-street, Grosvenor-square, and got the gown; and when we were getting out of the coach at Bow-street, I perceived something in her hand, and it was a duplicate of the two shirts for seven shillings and sixpence, (produces the duplicate); they are in the name of Elizabeth Cussick .

Cross-examined by Mr. Knowlys. Q. That is her real name? - A. Yes.

Q. Her husband lodges in the same house with her? - A. Yes. (The property produced).

Binch. I am sure this is my wife's gown by its being new sleeved; the shirts I can swear to from the mark, one is marked No. 1, and the other No. 3; they are marked by my wife in blue thread.

Q. Can you safely swear to their being your shirts from those marks? - A. I think I can.

Mr. Knowlys. This is the first time I ever knew a man called to prove his wife's gown, or his wife's mark-Upon your oath, where is your wife? - A. At home.

Q. Has she not been very intimate with the prisoner? - A. Yes.

Q. Will you swear your wife never gave her authority to pawn them? - A. I think I could.

Q. I beg you to give me some reason why your wife is not here? - A. There are only two of us to look after the shop.

Q. And therefore she, who is the best calculated to judge of these things, stays away; and you, who are the best calculated to attend the shop, are here; what business is your's? - A. In the tobacco way.

Q. Is it not the more usual way for you to take care of the tobacco business, and your wife of the household business? - A. Yes; I asked the officer if there was any occasion for her coming, and he said, there was none in the least.

Q. Who made that gown of your wife's, your wife herself? - A. I do not think she did.

Q. Upon your oath, did the officer give you

that advice? - A. I asked the question during the business, and he said, he did not see occasion.

Q. Did you ask that officer, Treadway, that question? - A. Yes, I did, in the course of the week, whether there was any occasion for Mrs. Birch to attend, and he said, he did not see any in particular.

Q. You did not mark these shirts? - A. No.

Q. You did not wear that gown of course? - A. No.

Q. Then what is it that should send you here, in preference to your wife? - A.Because, when I went to Bow-street, I was bound over to prosecute.

Q. Upon your oath, have not you heard it said, that your wife gave her authority to pledge them? - A. Yes, with you.

Q. You never heard that suggested? - A. No.

Q. You never asked your wife that question? - A. No; I had no reason to ask her.

The prisoner did not say any thing in her defence.

Mr. Knowlys. (To Treadway.) Q. Upon your oath, did this man ever consult you upon the propriety of calling his wife here as a witness? - A No, he never did; his wife was not at Bow-street.

Court. Q. Have you any recollection whether you ever said to him any thing about the necessity of his wife coming? - A. I have not, no such word ever passed.

Q. And you know he has sworn it, now will you swear that what he has said, is false? - A. I will; I know him very well, and I knew his father to be a man of property and character, before he was born.

Court. (To Birch.) Q. Was it Treadway, or Mumford that said it? - A. It was said in the course of one day since I have been attending the Old Bailey; I was saying, I did not know whether it was necessary my wife should be here, and one of them said, there is no occasion.

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

GUILTY (Aged 33).

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

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

Reference Number: t17980110-35

100. JAMES DAY was indicted for feloniously stealing, on the 15th of December , a pannel saw, value 4s. a plow plane, value 6s. a sash filaster, value 4s. a moulding filaster, value 4s. a head plane, value 12d. a rabbit plane, value 6d. and two small rounding planes, value 12d. the property of George Judge .

GEORGE JUDGE sworn. - I am a carpenter, I work task work; on the 15th of December I lost my tools from a house I am finishing in Brunswick-square , near the Foundling-hospital, on Friday the 15th of December, about the middle of the day; I saw them again next day, at Marlborough-street, I knew them to be mine; the prisoner had been at work in the same house about nine days before; Romley the watch-house-keeper has got them.

VALENTINE ROMLEY sworn. - I am a watch-house-keeper of St. Giles's; two patrols brought the prisoner to me at the watch-house, as a suspicious person, on the 15th of December, Friday night, a little before eight, there was a bag of tools brought in with them; I searched the prisoner, and found three planes in his pocket, with the assistance of the patrol, and they were sworn to the next day.

TIMOTHY PENDEGRAST sworn. - I am a patrol of St. Giles's parish; on Friday the 15th of December, about a quarter before eight, my partner and I were standing at the corner of Compton-street, opposite St. Giles's-church, and we saw the prisoner at the bar, and another man, with some carpenter's tools in their custody, and we thought sit to apprehend him; there were some in a bag, the prisoner had three planes in his pocket, and two saws in his hand, one belonging to the prosecutor, and one to another man; the other man had a bag, and he made his escape, he ran away and left the bag behind him; we took the prisoner to the watch-house, with the three planes and the two saws.

WILLIAM BURN sworn. - I was in company with Pendegrast, I know no more of it than he does; the two men both took us to a pawnbroker, to give them a character, that we might not take them to the watch-house, there were seven planes in the bag; we took the planes to Marlborough-street, and the watch-house-keeper has had them ever since. (Romley produced the property which was deposed to by Judge.)

Prisoner's defence. The young man that was with me, told me, he would give me a pot of beer to help him to carry these tools, and in Compton-street these watchmen stopped us.

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

GUILTY (Aged 15.)

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

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

Reference Number: t17980110-36

101. THOMAS HALL , WILLIAM JONES , and WILLIAM HIBBERT , were indicted, the two first, for feloniously stealing, on the 26th of October , eight coach glasses, value 7l. the property of Thomas Cloud ; and Hibbert for receiving the same, knowing them to have been stolen .

THOMAS CLOUD sworn. - I am a smith, farrier, and coach-master , at Hammersmith, I keep the Leaping-bar yard ; on the 25th, or 26th of October, I lost three pair of coach-glasses, and one pair of chariot glasses, including in the whole, eight glasses, out of the yard, they had been taken from the coaches and chariots, with the frames altogether; the two coaches were in a lock-up coach-house, but I am not certain that the door was locked at that time, and the coach and chariot stood in an open shed; the chariot makes a chaise occasionally, the box takes of, the coaches had been all out that day, and had just come in; I missed the glasses the next morning at six o'clock, I did not see them again for five or six weeks afterwards; I found them in the possession of a Mr. English, in Broad-street, Carnaby-market.

THOMAS WHEELER (the accomplice) sworn. -I am ostler to Mr. Cloud; I left him last Whit-Monday.

Q. How long were you ostler to him? - A. I cannot say.

Q. Where did you go to after you had left him? - A. To live with my mother, at the Leaping-bar, at Hammersmith.

Q. How long have you lived with your mother there? - A. Ever since she has lived there. One night, Hall and I, and Jones, were drinking at the Goat in Boots, at Chelsea, about eight or nine weeks ago; about three o'clock in the morning, we went to the Leaping-bar yard to take Mr. Cloud's glasses -

Q. Who proposed going there? - A. We all knew of it.

Q. But who first suggested it? - A. I did. When we got there the gates were open, we all three went into the yard, and then into the coach-houses; one went to one coach, and another to another; we were all three employed in taking out the glasses; we took away eight of them; Hall and Jones took them to Walham-green, and I went up stairs to bed; the Monday following, Jones told me, that they took them to William Hibbert's.

Q. When was it you took them? - A. On the Friday or Saturday; I never saw them at Hibbert's, Jones said, he should keep them there till he could sell them.

Cross-examined by Mr. Knapp. (Counsel for Jones).

Q. You were the servant, you knew these premises perfectly well, and was the first to propose this scheme? - A. Yes.

THOMAS WILSON sworn. - I know the prisoner, Jones; I met with him at the White-horse, between Kensington and Hammersmith, about the 26th or 27th of October, it was on a Monday; while I was standing there, Jones had got some ale, he asked me, if I would drink with him; I said, I would drink with him, if it was water; I drank some ale; we stopped there two or three hours, and had several pot and pints of beer together; we might drink three or four pots and pints, there were other people drinking with us; we had no conversation concerning any thing of this till after we came out of the house; as we were going along Fulham, he mentioned to me, that Bill Hibbert had got some glasses to sell; I knew Hibbert, because I worked about there; I asked him, what kind of glasses; he said, plate glasses, that there were eight of them; I asked him, what size they were; he told me, they were very large ones; and I went to see them; Hibbert went up stairs to a close, and brought them out one by one, and I measured them; he asked me, if I knew any person that would buy them; I told him, I did not know whether my master would not buy them, being a painter and glazier.

Q. What was Hibbert? - A. A sadler and harness-maker; my master's name is James South ; I told him, if he did not buy them, Mr. Samuel South , being a broker, might; with that, Hibbert, Jones, and I, went down to the Golden lion, at Fulham; when we came there, we had some porter; I went to my master's, he was not at home; I immediately returned back, and told them; when I told them he was not at home, Hibbert wanted me to go to Samuel South; I went to Samuel South, and told him of it; I gave him the dimensions of the glasses; he came there, and Hibbert asked him four guineas for them; he said, he could not think of giving that money, for he was sure he should get nothing by them if he bought them; he immediately offered three guineas for them; and they said they could not think of letting them go for that money; then we went into a public-house; and South went away; this conversation was at the door, out in the street, by the gate.

Q. Was Jones there all this time? - A. I cannot positively say that he was; he was backwards and forwards; after he was gone, Jones and Hibbert were talking about it; Hibbert said to Jones, we might as well let them go; and then Hibbert desired me to tell Samuel South he should have them; I went over to his mother's, and he was in the parlour, I called him out, and told him what they said, and South came over to the gateway, and told him, he would have them; Hibbert said to me, will you go and help me fetch them; and I agreed to go and help; I went with him; I brought four squares, and he brought four; we carried them to Mr. South's house; they were taken from the same closet that I had seen them in before; then Hibbert went to Jones, at the Golden lion, and South came in afterwards; when I was going through the passage, Hibbert and South were talking together,

standing at the bar of the public-house; Hibbert had gone out, and met South there; I saw South pay Hibbert the money, he paid him two guineas one shillings, and a pound-note; then we went into the tap-room and all drank together, porter, and gin and water; after some time, I went home to bed, and left Hibbert and Jones there; South went before me.

Q. What time of day was this? - A. It might be six or seven o'clock at night.

Cross-examined by Mr. Knowlys. (Counsel for Hibbert). Q.You are servant to South, the glazier? - A. Yes.

Q.Have you much to do with plate glass? - A. No; if we should ever want such a thing, we send to dealers in Town.

Q. You do not keep a stock by you? - A.No.

Q. You saw that glass at Hibbert's? - A. Yes.

Q. Your master not being at home, you went to Samuel South , a broker? - A. Yes.

Q. Did you ever see any plate-glass in his shop besides? - A. Yes; and have cut plate-glass for him several times.

Q.Perhaps the constable found it at South's? - A. No; he had sold it to a person in Broad-street, Carnaby-market.

Q.What might you have for this? - A. I received one shilling for it.

Q. And I suppose paid no part of the shot? - A. Yes; there was 111/2d. left for me the next morning.

Q. When did you give an account of this transaction? - A. The latter end of October or beginning of November, at Bow-street.

Q. Was Samuel South there too? - A. I beg pardon about giving an account at Bow-street, because I cannot say when it was that I was at Bow-street.

Q. You can tell us whether it was a month or two months? - A. I think it is above a month.

Q.How long was it after these glasses were sold, that you came up to Bow-street? - A. I cannot tell.

Q.Were you ever more than once at Bow-street? - A. No.

Q. Then how long was it? - A. It might be three weeks or a month.

Q. Do you live now with South, the painter and glazier? - A. No.

Q. You have never said, that your master desired you to come forward to clear your master's brother's character? - A. No, he has not, never in his life.

Q. Have you never said so? - A. I never said so.

Q. Have you never said, that your master told you, if you did not swear hard to clear his brother's character, he would discharge you from his service? - A. No; I never did.

Q. Your master and you then have never had any conversation about coming forward in his brother's behalf? - A. No.

Q. Who attended first at Bow-street, you or Samuel South ? - A. Samuel South .

Q. Was Hibbert in custody, when you attended at Bow-street for the first time? - A. He was.

Q. Are you any judge of the value of plate-glass? - A. No, I am not.

Q. You have often been at South's shop? - A. Yes.

Q. Did you ever see any coach-glasses there before? - A.Never in my life to my knowledge.

Q. Are you sure you did not take them all to Samuel South's house? - A. Yes, I am positive I did not take them; I took only four, and Hibbert four.

Court. Q. What business is Jones? - A. A taylor.

THOMAS PONEY sworn. - I am a gardener, and keep the Golden lion, at Fulham: On a Monday evening, I cannot recollect when, I came home about five o'clock; I went to wash my hands, and just after, somebody knocked for some beer in the tap-room; it might be six or seven weeks ago; I believe it was the Monday that the King went on board the yachts, to take water to go the Nore; I went in, and on the right hand sat Hibbert, Jones, and Wilson; they told me to fill the pot, which I did; they asked me to drink, and I did; I went out of the tap-room, but saw nothing of any glasses; soon after, Wilson went out, and brought in Samuel South; he stopped a little while, and then he went away again; some time after, Wilson went and fetched him again, and they all went out; they came back again into the tap-room, all three, and sat down to drink again, and staid there till about a quarter after nine o'clock; I was in and out backwards and forwards, I was very little in the taproom; Samuel South came to me, and asked me to lend him two guineas and a half; I had not got it, I went to my wife, and got it of her; I came to the bar-door, there stood Mr. South; I put down two guineas in gold, and was going to put down some silver, and he said, if you will lend me half a dozen shillings more, that will do, which made 2l. 8s. he took the money in his hand, and I left him there; I saw no money pass between them, nor heard no dealings.

Q. Did Hibbert go out of your house? - A. Yes; but how long I cannot say.

Q. Was Wilson absent at the same time? - A. Yes; and Jones remained in the tap-room.

SAMUEL SOUTH sworn. - I am a broker at Fulham.

Q. Did you at any time meet with Hibbert and Jones, at Fulham? - A. Yes; the day the King set off for the Nore, Wilson came to me, and I went with him, about six in the evening, to the Golden-lion door, there I saw Hibbert, he asked me, if I would buy some coach-glasses, I asked

him the sizes of them, he said, Wilson had got the sizes upon a piece of paper, which he had; I then went with him and Wilson to my own house, which was next door; I looked at the sizes of them, I asked him, what he asked for them; he asked me four guineas for them; I told him, I thought four guineas too much, for I should get nothing by them, if I sold them; I offered him three guineas for them; he said, he could not take it; he and Wilson both went away together into the Golden-lion; he said, he had taken them in trade, and could not take it, he had allowed more money for them; he and Wilson went to the Golden-lion, and I went over to my mother's, which was opposite; in about a quarter of an hour, Wilson came to me to tell me I should have the glasses for three guineas; I came out at my mother's door with Wilson, and Hibbert was over at the Golden-lion door; he told me I should have them for three guineas, and he desired Wilson to go with him to help him bring them; Jones was then at the Golden-lion; they went for them, and in about a quarter of an hour they returned, or less; they had above a mile to go to fetch them; they brought the glasses, each of them brought four; we all went to the Golden-lion, I had nothing but a pound note in my pocket, and I asked Mr. Poney to lend me two guineas and a half; he went to his wife, and brought me two guineas, was going to tell the silver down, and I told him six shillings would do; I went and called Hibbert, Wilson came with him to the bar-door in the passage; I paid Hibbert two guineas, a pound note, and one shilling; I went in and drank with Hibbert, Jones, and Wilson; the next morning, I had some business in Town, I packed them up, and brought them with me; I took them first to Mr. Knight's, in Compton-street, he was not at home, and I took them to Mr. English's, and sold them to him for 3l. 8s.

Jury. (To Poney). Q.Was there any body else in the tap-room besides these people? - A. Yes; thirteen or fourteen people; I had a great number of lodgers in the house, and most of them were at home.

South cross-examined by Mr. Knowlys. Q. Can you give the Gentlemen of the Jury any reason why you called these people out of the tap-room to conclude your bargain? - A. Not to lay it before so many people. Mr. Poney was in the bar, but was called away.

Q. Why did you call these people out of the tap-room? - A. I was receiving the money from Mr. Poney, when Hibbert was coming out; I said, here you may as well take your money; he received it at the bar.

Q.Then he did not receive it in the passage? - A. Yes; the bat is in the passage.

Q.When did you give any account of these glasses? - A. As soon as I heard that he was taken up.

Q. Were you not sent for by the officers of Bow-street? - A. No, I was not; I came voluntarily; I sent word to Mr. Cloud, that I had had some coach-glasses through my hands.

Q. Did you ever say you had bought them cheap, and had bought them at a sale? - A. I did not.

Q. You did not tell Mr. English so? - A. No, I did not.

Q. You did not know Jones had any thing to do with this business? - A. No.

Q. Jones was not present during any part of the conversation of what was to be given for the glasses? - A. Not to my knowledge.

Q.Was there any conversation passed about the glasses, while you were with Jones? - A. No; none, till after they were paid for.

Q. Do you deal in coach-glasses? - A. I deal in looking-glasses.

Q. Did you ever buy any coach-glasses before? - A. I have bought a post-chaise glass of a neighbour, which I took with me to Mr. English's, at the same time.

Court. Q.When was it you had first any knowledge that these glasses were stolen? - A. I heard that Hibbert was taken up for receiving coach-glasses, and Jones for stealing them; and I sent the very same day that I heard of it, to Mr. Cloud, to let him know that some had gone through my hands, this was on the Saturday, and on the Sunday Mr. Cloud came to me.

Court. Q. Before you sent to Mr. Cloud, had you been sent for to give an account of these glasses? - A. No, I had not.

Q. Is it usual for brokers to buy various kinds of articles that they can buy and sell again, without confining themselves to any thing particular? - A.Certainly;

THOMAS ENGLISH sworn. - I am a looking-glass manufacturer: The latter end of October or beginning of November, I bought some coach-glasses of Mr. South, I cannot say the number, but I think it was 3l. 10s. I gave him for the whole; the glasses were put down in the shop; I had some carpenters at work, and they had been moved about from place to place in the shop, till Mr. Cloud called for them; I afterwards delivered them to him.

Q. Was 3l. 10s. a fair price for them? - A. Yes; I would not have given more for them, because I am a manufacturer myself, and they wanted working over again. (Seven of the glasses were produced).

Cross-examined by Mr. Knowlys. Q. Do you recollect the account that South gave you of where he had got them? - A. Yes; he came to my house, and brought them down in a box in a cart; I asked

him, how did you come by them; says he, I am a broker, and bought them at a sale.

Q. You thought that a very reasonable thing, and you purchased them of course? - A. Yes; or I should not have bought them.

Q.Were they with frames, or without frames? - A.Without frames.

Court. (To Wilson.) Q. How were they when they where brought from Hibbert's, had they any frames upon them? - A. No frames.

Q. Had they no frames when you first searched them? - A. No.

Cloud. I have no doubt but these are my glasses, they every one sit the places that they came from.

Court. Q. But the frames are gone? - A. I have made an allowance for the frames, and they sit within a quarter of an inch, all of them.

Mr. Knowlys. You know that a quarter of an inch may make the difference between almost an hundred different glasses? - A. No; you might try half the coaches in London, and not find them sit.

Q. Do you mean to say you could have picked them out from others? - A. When I went into Mr. English's shop, I said, these were the four.

Q.If they had been mixed with other glasses, should you have known them again? - A. If they had been mixed with five hundred, I do not know that I should.

JACOB COOKE sworn. - I am a coach-maker: I have tried these glasses with Mr. Cloud's coaches, I made an allowance for all the frames, as we always do, and then he went and fetched these glasses, and they answered to the measures that I had put down; there was one that was a little bigger, but that might be owing to the difference of the frame.

Cross-examined by Mr. Knowlys. Q. Did you ever measure those frames which included these glasses? - A. No; I guessed at the breadth of them.

Q. A quarter of an inch in a plate makes a difference between, perhaps, an hundred different glasses? - A. Yes.

Court. Q. But making a frame of the usual proper size, would a frame of the usual size to these glasses, sit the coaches? - A. Yes.

Hall's defence. I have not any thing to say.

Jones left his defence to his Counsel.

Hibbert's defence. I am innocent of the crime; and I think they have contrived this matter among themselves, to lay it upon me, to save themselves; I am innocent of it, so help me God.

The prisoner Jones called ten, and Hibbert eleven witnesses, who gave them a good character.

Hall, GUILTY (Aged 18.)

Jones, GUILTY (Aged 18.)

No sentence passed .

Hibbert, GUILTY (Aged 36.)

Transported for fourteen years .

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

Reference Number: t17980110-37

102. JAMES SMITH was indicted for feloniously stealing, on the 22d of December , a cast containing nine gallons of small beer, value 4s. the property of Edward Webb .

EDWARD WEBB sworn. - I am a brewer : On Friday the 22d of December, about four o'clock Mr. Clarke came to me, and told me, he had taken a man, with a cask of beer, to Hatton-garden; about six o'clock, I went with Mr. Clarke to Hatton-garden, there was my cask-mark, which is a scratch-mark, and my brand mark upon it, the scratch-mark is W L; I know it to be one of my casks.

THOMAS INGLESBY sworn. - I am dray-man to Mr. Webb, I lost a cask of small beer against Staples-Inn, Holborn; On the 22d of December, about a quarter past three in the afternoon, I was gone to a customer in Staples-Inn; I did not miss the beer till I got home, which was about half past three, and then I missed a firkin; I saw it again at the office in Hatton-garden, there was a particular mark in chalk upon the cask, it was for a particular customer, and I was not to leave it without they paid what was owing; the cask was left with the officer, at the Hat and Ton.

JOHN LEAR sworn. - I was a servant to Mr. Webb two years ago: On the 22d of December, I saw the prisoner with a firkin on his shoulder, coming down Vine-street, Hatton-garden, till he got to the corner of Onslow-street, where, with the assistance of a man, he put it down; I went into Leather-lane, and there I met a Mr. Clarke, I told him what I had seen; I went back in about a quarter of an hour, and saw the cask, as nearly as possible, in the place where he had put it down; when I saw it first, it was upon his same shoulder, (the prisoner had but one arm), and his other arm over it; I saw him again afterwards at the office; Mr. Clarke had had him locked up.

Prisoner. Q. Did you see me take it off the dray? - A. No.

GEORGE LONGDEN sworn. - I am an officer belonging to the office in Hatton-garden, I was sent for to take charge of the prisoner: I took him in custody, and found the cask upon the ground, at the corner of Onslow-street, I desired the last witness to bring it to the office; It was taken from the office to the Hat and Ton, where we have a place on purpose to lock up things in, as there are no conveniencies at the office for keeping things there; I have had the key ever since.

Webb. This is my cask, it has my mark upon it.

Inglesby. This is the cask I lost, it was then full of beer.

Prisoner's defence. Coming past the corner of Hatton-garden, a porter, with two casks, asked me to assist him, by carrying one of them, and being a

poor man, I was glad to accept of the job, he desired me to pitch it at the corner of Onslow-street, which I did, and was waiting for him to come up, when they took me; it is impossible I could have taken it myself from off the dray.

GUILTY (Aged 36.)

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

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17980110-38

103. WILLIAM PAGE was indicted for feloniously stealing, on the 9th of January , four pieces of iron, containing 90lb. weight, value 5s. the property of John Lyney .

JOHN LYNEY sworn. - I am a smith ; I lost some iron from my warehouse, the prisoner was in my employ, I know nothing of the loss.

ALMON HILL sworn. - I am a ship builder; I was walking over my premises, at Limehouse-hole , adjoining those of Mr. Lyney, about six o'clock in the evening of this day week, I saw the prisoner coming from Mr. Lyney's shop, I walked up towards him, and he turned about to go another road; I immediately called out to him, who are you, he made me no answer, but quickened his pace; I followed him pretty close, and then he turned round, and said, I am one of the smiths belonging to Mr. Lyney's shop; when I got close to him, I took him by the collar, says I, what have you got under your arm, be said, chips, I told him, not being a ship-wright, he was not entitled to them, and desired him to put them down, he would not, I put my hand upon them, and found them to be iron; says I, you are a rascal, you have been robbing Mr. Liney's shop; he told me, for God's sake, to take no notice of it, it would be his ruin, and it was the first time he had done any thing of the sort; I told him, I should not overlook it, I took him to Mr. Lyney's accompting-house, and left him there in his charge.

Cross-examined by Mr. Knapp. Q. Was he off Mr. Lyney's premises at this time? - A. Yes; he was on my premises, I suppose, about 100, or 150 feet from Mr. Lyney's premises.

-LYNEY sworn. - I am the son of the prosecutor, I was sent for into the accompting-house, rather before six o'clock in the evening of this day week; Mr. Hill had got the prisoner by the collar, I looked at his feet, and saw four pieces of iron; I then sent for an officer, and he was taken to the office at Shadwell, two pieces were left with a runner, and two with the watchman, marked; there is one piece that I know to be my father's property, it is a piece that we had from the country, from Mr. Jessey, it is the same sort of iron that we had in our warehouse.

Cross-examined by Mr. Knapp. Q. You have more iron of the same manufacture in your warehouse? - A. Yes.

Q. And you cannot tell, I suppose, whether you had missed any or not? - A. No. (The officer produced the property)

Prisoner's defence. I was going to pick up a bit of chip, as we are allowed to do, and I ran against this iron upon Mr. Hill's premises, and I was going to take it back again, when Mr. Hill stopped me.

The prisoner called David Quinn, who had known him near four years, and gave him a good character.

GUILTY (Aged 30.)

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

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

Reference Number: t17980110-39

104. GUNNER YARNBERRY was indicted for feloniously stealing, on the 8th of December , a calico shirt, value 5s. a nankeen jacket, value 2s. a cloth coat, value 6d. and a pair of nankeen breeches, value 3s. 6d. the property of John Winbury . (The prisoner being a Swede, an interpreter was sworn.)

JOHN WINBURY sworn. - I keep the White Swan, at Bell-Wharf ; the prisoner lodged with me, I am a Swede myself, I frequently missed things, and I suspected him, my wife saw him go to a chest.

Q. Did you see him do any thing? - A. No.

AGNES WINBURY sworn. - On Friday evening, the 8th of December, between four and five o'clock in the afternoon, I was sitting in the bar, I observed the prisoner going from a chest at the foot of the stairs in the passage, I lost him instantly, I called my husband directly, I went up stairs, and on the stairs I found a pair of shirt sleeves, that had been in that chest, there were several other persons slept in the same room with him; in a chest in that room, I found a pair of blue pantaloons, and a pillow; I took them in my hand to bring them down, and met the prisoner at the door, I said to him, Gunner, what have you been about, and shewed him the things, and he said,"one man gave it to me;" he was taken before Justice Staples, and committed upon those things; there was another chest up two pair of stairs, that had been stripped entirely, that the articles in the indictment came out of; that chest, I believe to have been locked, I had the key in my desk; the next morning, after he was committed, I went to examine that chest, and there were forty-two articles of wearing-apparel all gone, they all belonged to two persons that are gone to sea, and who left them in my care;

among other things, I missed several calico shirts, two or three pair of nankeen breeches, and a cloth coat; I afterwards found, at a pawnbroker's shop, one or two jackets, and one pair of breeches.

Prosecutor. The prisoner was not committed for taking the things in the indictment, but he sent for me that evening, he was in a lock-up room adjoining the office, he began to cry before I said a word to him, he said to me, in Swedish, don't hurt me, and I will tell you of more things.

Q. Did you tell him it would be better for him if he confessed? - A. No, nothing of the kind; I said, where shall I get them; he said, go to Peggy, in Gravel-lane, and there you will find all the duplicates; I knew who he meant by Peggy, she had been with him three or four times in the tap-room; the next morning, I got an officer, and went to search Peggy's house; her name is Welby; I found nineteen duplicates upon her; I went to the pawnbrokers, and among others, found the things named in the indictment.

MARGARET WELBY sworn. - I live at No. 5, Rodney's-row, Ratcliff-highway; I had the pleasure of seeing the prisoner in company, about three or four weeks before he was taken up; the officer came to me with Mr. Winbury, and I gave him a great many duplicates; I had a coat, blue trowsers, nankeen breeches, and a shirt, from the prisoner; he desired me to pawn them; he told me they were his own, that he got them from his own chest on board a ship, and I was to have the money.(Three pawnbrokers produced the property, which was deposed to by Mr. Winbury).

Jury. Q. When you have seen this woman come there with the prisoner, had she any access to the place where these things were taken from? - A. Not at all.

Prisoner's defence. (By the Interpreter). There was a Swede who gave me these articles to deposit them in my chest, he having none of his own; when they had been in my possession eight days, he asked me if I would lend him seven shillings; I told him, I had not got so much money; afterwards, I lent him six shillings; and after that, Margaret Welby asked me for some money, and I told her, I had not got any; I went to my lodging, and desired the man that I had lent the money to, to let me have some back; he said, he could not take up money from the floor; he said, I might take his clothes, and give to the girl; I gave her the breeches, the jacket, and the waistcoat, and then she asked me for more money; he then put into my hands some more articles; after some more days, she wanted more money; and I told her, I could get none till I had a ship; and then I spoke to the Swede again, and he told me, I might take the coat and the pantaloons, and a hat; which I gave to the girl.

Mrs. Winbury. The day that he was taken up, there was a Swede man ran away, and we made search after him, but could not find him; he lodged at my house, and was an acquaintance of the prisoner's; he had been at our house two or three weeks.

NOT GUILTY .

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

Reference Number: t17980110-40

105. JOHN WHEELER and THOMAS HALL were indicted for breaking and entering the dwelling-house of Alexander Syme and Richard Dean , about the hour of one in the night of the 23d of November , and burglariously stealing, a linen shift, value 1s. three muslin night-caps, value 1s. two muslin neckcloths, value 2s. a flannel bed-gown, value 2s. a flannel petticoat, value 1s. and a muslin handkerchief, value 1s. the property of the said Alexander; two cotton counterpanes, value 15s. 36lb of cheese, value 15s. 15lb of beef, value 7s. 8lb of mutton, value 4s. 6lb of sugar, value 6s. a carving-knife, value 6d. and three linen glass-cloths, value 6d. the property of the said Alexander Syme and Richard Dean.

ALEXANDER SYME sworn. - Richard Dean and myself keep the Star and Garter, at Kew-bridge ; we both live in the house, it is in the parish of Ealing: On the 23d of November, I was the last up, I left the doors all secure, and the windows, between eleven and twelve o'clock; I was alarmed by a ringing at the bell, at six in the morning; Martha Nicholls was the first that got up; when I got up, I found the bottom of one of the shutters forcibly broke away; the bolt remained in the frame of the window, and part of the shutter remained at the head of the bolt; two of the shutters were taken down; there were two panes of glass broke, one of them was taken clear out; I missed a rump of beer, a lion of mutton, part of a neck of mutton, a loaf of double refined sugar, weighing six pounds, a small piece of buttock of beef dressed; the rest that I have mentioned was all raw; a large knife, made on purpose for cutting a round of beef, three parts of a cheshire cheese, and three glass-cloths; these things were jointly Mr. Dean's and mine; I had left them in the larder; and there were a quantity of wet things in a basket, with a table-cloth over it, upon a chair in the laundry, but I do not know what its contents were; Martha Nicholls can identify them.

MARTHA NICHOLLS sworn. - I was nurse to Mrs. Syme; I was there after she was dead to wash the things up; when I went to bed, on the 23d of November, I had left in the laundry, two counterpanes, one table-cloth, two night-shifts, two neck-cloths, a neck-handkerchief, a flannel bed-gown, a

flannel petticoat, and three night-caps; they were all Mr. Syme's, except the counterpanes and the table-cloth, and they were Mr. Syme's and Mr. Dean's; I got up the next morning, about half past six; a woman rung the bell, and told me the house was broke open.

Q. Was it then day-light? - A. No; I struck a light.

Q.Should you have known any body without a candle? - A. If I had seen any body in the street, I might have known them; in the first place, I went to see for the man that slept in the house; I went into the larder, and there I missed the two counterpanes and the table-cloth; then I missed the beef, mutton, loaf of sugar, and some cold buttock of beef; I found one of the shifts lying upon the floor, I had left it in the chair the night before; I missed two neckcloths, a muslin neck-handkerchief, a bed-gown, a flannel petticoat, and three night-caps; I missed every thing that I had put into the basket, except the shift and four knife-cloths; I went and called my master.

Q. Who was it that alarmed you? - A. Sarah Bolton going to work.

Q. Had you heard no noise in the course of the night till then? - A. No, not a syllable of noise, the shutters of the laundry were down, and the windows broke.

JOHN GURNEY sworn. - I live at Old Brentford with my son-in-law, Charles Jenkins, he keeps the Little King's-arms: The two prisoners came in there, on the 24th, in the morning, about eight o'clock, and another man with them, Thomas Wheeler ; I had been there the evening before, they left the house about half past nine, they had been drinking, I do not know what time they came in first; the next morning, they came in, and were talking of having some breakfast, one proposed steaks, and another went out, but which, I cannot take upon me to swear, and brought in something in a sheet of brown paper; I asked them, if they wanted the frying pan, and they said, no, they had got a bit of cold beef; it was a piece of buttock of beef ready dressed, between two and three pounds of it; I saw nothing else, and I believe they brought nothing else in; I do not know exactly what time they went away.

THOMAS WHEELER sworn. - The prisoner, John Wheeler , is my brother; Thomas Hall is a tinker, and did live at Hampstead.

Q. What is your brother's business? - A. Sometimes he works in the brick-fields, and sometimes looks after horses. About seven or eight weeks ago, I think it was on a Friday, John Wheeler, and Thomas Hall, and I, were drinking at the Little King's arms, at Brentford, till about ten o'clock, then we walked about till about half past twelve or one o'clock, and then we went to Kew bridge-house, Mr. Syme's, the Star and Garter, with a rasp and a soldering iron that Hall used in his business; we took down two of the shutters, Hall and I wrenched them out at the bottom.

Q. What did your brother do? - A. He stood by; Thomas Hall then broke a square of glass, and took a rump of beef out at the window through the broken square, and very nigh a whole cheese, and a loin of mutton, the beef was raw and the mutton too, and a piece of beef that was ready dressed, two small apple-pies, and a bundle of things that we pulled out through the broken glass; Hall put his hand in, and reached at them; there were two counterpanes and a morning gown, a petticoat, a shift, and a table cloth, that is all that I know of that was in the bundle, except a carving knife, a brass weight, and two or three small neck handkerchiefs; I threw the knife and the weight away, and the rest of the things we took to Mr. Skilsby's, and there was a piece of a sugar-loaf; then we went to Hammersmith, and slept in a coke oven all night; in the morning, we went to the Little King's-arms, we got there a little after seven o'clock, we staid there till about eight o'clock, and then Wheeler and Hall went to Mr. Skilsby's again.

Q. What is Skilsby? - A. He keeps an old-cloaths shop; when they came back, they said, Mr. Skilsby would not have any thing to do with them; they brought a piece of beef with them that was drest for breakfast, and we had that for breakfast; then we returned to Hammersmith, and went to the World's-end, at Chelsea, and had some beer, then we went again to Hammersmith, to John Groom's, to borrow his horse, we all three went to the door, but Thomas Hall went in to borrow the horse, to get the things away at night; I went home, and both of them told me afterwards, that they went that evening, and got them away; they said, they had left the sugar-loaf, and one of the counterpanes at Mr. Skilsby's, and the rest of the things they brought away; they said, they had left the loin of mutton, and rump of beef, at John Groom 's, for the lend of his horse, and for half-a-crown that he lent Thomas Hall on his watch.

Q. When was it he told you this? - A. The Monday following; they told me they had taken the things to Mr. Baldock's, the World's-end, at Little-Chelsea, they said, they were to go for the money another time, for Mr. Baldock was not at home, and said, his wife offered them 14s. and they would not take it, I do not know whether they ever got any money for the things.

Cross-examined by Mr. Gurney. Q. That is your brother at the bar, is it not? - A. Yes.

Q. I dare say, as soon as you had committed this crime, your conscience smote you, and you went to the Magistrate, and confessed it? - A. Yes.

Q. You will swear that - I will not take you by surprize; as soon as you had committed this crime, your conscience smote you, and you went to the Justice, and confessed it? - A. I do not understand you.

Q. You know what I mean by conscience? - A. Yes; we were taken to the Justices.

Q. Perhaps that Justice committed you to jail too? - A. Yes.

Q.How long, after you had been committed to jail, was it, before you accused others to save yourself? - A. A week.

Q. Was it not three weeks? - A. Only one week.

Q. You expected yourself to be tried? - A. Yes.

Q. And then you thought it would be better to accuse your brother to save yourself? - A. Yes.

SARAH BALDOCK sworn. - I live at the World's-end, my husband keeps a public-house, so called, at Chelsea.

Q. Do you know the two prisoners at the bar? - A. Yes; I have seen them several times.

Q. When did you last see them at your house? - A. It was on a Friday, I do not remember the day of the month.

Q. What month was it? - A. I think it was three weeks ago last night; I cannot say whether it is a month, or three weeks.

Q. Is there nothing by which you can bring it to your mind? - A. I cannot.

Q. Was your husband at home? - A. No; he had been gone out a few hours.

Q.Cannot you, by that, ascertain when it was? - A. No, I cannot tell, I am sure.

Q. You were examined before the Justices? - A. Yes.

Q. How long before that time was it, that these things were brought to your house? - A. I think it was a fortnight before; they came about seven o'clock at night, on foot, and called for some gin, and after I had served them, they told me they wanted to speak to me; then they asked me if I wanted to buy some things, I went into the parlour, and I told them, I should not buy them, and then they told me I might, for they were their own property; I being a countrywoman, and not knowing any better, I went back to the room again, and bought them; there were two counterpanes, a flannel night-gown, a shift, a piece of cheese, and a table-cloth, they asked me 30s. for them, I told them I would give them 20s. and then they said, I should have them; I gave them 18s. in money, and 2s. the reckoning; the things were left with me, they are here now, the constable took them away from me.

Cross-examined by Mr. Gurney. Q. You were taken up upon a charge of receiving these goods, knowing them to be stolen? - A. Yes.

Q. And was committed to jail? - A. Yes.

Q. And your husband too? - A. Yes.

Q.Thomas Wheeler, that fellow behind you, was admitted an evidence, you know, and you and your husband, at the same time? - A. Yes.

Q. You know, as you were admitted an evidence, you were obliged to swear to somebody? - A. Yes.

Q. It would not do, to swear to Thomas Wheeler , you know, because he was admitted an evidence? - A. He was not at my house, I only saw these two.

Q. Your husband and you were let out of jail upon your swearing all this? - A. Yes.

CHARLES TOVEY sworn. - I apprehended both the prisoners in a back lane, at the back of Brentford, that is all I know of it, I found nothing upon them.

EDWARD WARREN sworn. - I was at the apprehension of the prisoners, in a back-lane in Brentford, at eleven o'clock at night, of the 4th of December, at that time they lodged at the Little King's-arms, in Brentford; I asked them where they were going, they said, to their lodgings; where are your lodgings? they said, the Little King's-arms; I said, if you are going to your lodgings, we will see you safe there; they knocked at the door, and the people denied them, and said, they did not lodge there; upon that I conveyed them to the cage, and the next day took them to Bow-street; my brother officer found these two irons in Gurney's house the next morning, with which it is supposed they broke open the house.

Tovey. I was going past, and Gurney called me in, and said, there were these two irons belonging to the fellows we had taken the night before.

Gurney. I shewed him where these irons were lying, the boarding is broke away, and they laid in a dark place, under a settle.

Q. How did you know any thing of them? - A. My son-in-law found them out, but I did not know who put them there.

PATRICK TOOLE sworn. - I am one of the officers of Bow-street; I went to the house of John Baldock , the World's-end, at Chelsea; on Friday the 8th of December, I found there two counterpanes, a table-cloth, a flannel petticoat, and part of a cheshire-cheese. (Produces them.)

Mrs. Baldock. These are the things I had brought to me by the two prisoners, and which I bought of them.

DUNCAN GRANT sworn. - I am one of the officers of Bow-street, (produces a shift;) I had this shift from Mrs. Baldock's sister, at Parson's-green.

Mrs. Baldock. I sent it there to be washed, this is the shift I had from the prisoners.

Martha Nicholls . This is the counterpane that I left wet in the larder, and was taken away that night, and this counterpane is the other, it has got a piece put into it, and is darned on the right side; and this is the shift I tore off the dead corpse, I am very sure to this; the cheese I cannot speak to, nor the flannels.

The prisoners left their defence to their Counsel.

John Wheeler , GUILTY Death . (Aged 19.)

Thomas Hall, GUILTY Death. (Aged 18.)

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

Reference Number: t17980110-41

106. ROBERT REEVES was indicted for forging and counterfeiting, on the 1st of February , a Scrip Receipt, with intention to defraud the Governor and Company of the Bank of England .

Second Count. For a like offence, with intention to defraud William Ashforth .

Third and fourth Counts. For uttering and publishing the same as true, knowing it to be forged, with the like intention.

Several other Counts, for the like offence, varying the manner of charging it.(The indictment stated by Mr. Giles, and the case by Mr. Fielding).

WILLIAM ASHFORTH sworn. - Examined by Mr. Knowlys. I live at Walworth: I have known Mr. Reeves, three years and upwards; he was a stock-broker and dealer in coals ; he lived next door to me: In June, 1796, he applied to me to advance money upon Scrip receipts; I accordingly advanced nearly 2000l.; he lodged with me Scrip receipts for the loan of 7,500,000l.; in January following, he applied to me to advance more money; he had bought for me, before that, 2000l. Imperial Annuity; I added that to the former, making, in all, near 4000l.; I was not satisfied with the original security, but I requested to have a better security; he told me, if I would sell out of the Imperial Annuity, he would give me heavy Scrip, that is, Scrip paid up in full. On the 19th of January, Mr. Reeves and I went to the Bank together in a coach.

Court. Q. Was that the day you sold out of the Imperial Annuity? - A. I believe it was. When we got to the Bank, Mr. Reeves was very ill, and he went into a private place; he told me to go into the Rotunda, and he would go and see his principal.

Q. At that time, where were the receipts he had originally given you? - A. I had returned them to him; he told me to stay in the Rotunda till he returned; in about two hours, he returned to the Rotunda again, where I was waiting impatiently for him; he then brought me six Scrip receipts.

Q. Look at these, and see if those six are among them? - A. I marked them at the corner, all but the bottom one.

Q. These six appear to be paid up to the full? - A. They appear to be so.

Q. Were they in that state when he delivered them to you in the Rotunda? - A. They were.

Q. There is a seventh, how came you by that? - A. In October, there was some more money coming to me, and he said, he would give me another receipt, but only let it remain, for money was very scarce; I never transacted any business with Mr. Reeves as a principal, I always considered him as a broker.

Q. There is another piece of paper attached to that, whose hand-writing is it? - A. Mr. Reeves's; he wrote it in my presence; I put an unlimited confidence in him as a broker, and as a man I always had the highest opinion of him.

Q. Have you any recollection whether those six paid up in full were any part of what he returned to you again? - A. I cannot ascertain that.

Q. Had you any conversation with him, and what, when he was in the Rotunda? - A. I have already related almost all the conversation.

Q. Were these at any time converted into stock? - A. No.

Q. Was there any conversation respecting their becoming stock? - A. I asked him, why he did not make good the agreements; he talked of his principal as a great man at the Stock-Exchange, who returned 100,000l. a day, three or four times over.

Q.What was the reason he gave for their not being converted into stock? - A. The reason he gave was, that the more stock that was brought into market, it would depress the market, and they found an advantage in keeping the stock out of the market.

Q. Who did he say found that advantage? - A. The people that he said belonged to these papers.

Q. Are these in the same state in which you received them from him? - A. They are.

Q. This matter was not discovered till the October following? - A. Not till the last day of October. (The receipt read).

"Loan, 1796, for 7,500,000l. - 1000l. 3 per"Cent. Annuites, 1796, to be added to Consolida-"ted 3 per Cent. Annuities, 1138, by virtue of a"resolution of the House of Commons, for raising"7,500,000l. for the service of the year 1796."

"Received of Ellis Vere , Esq; the sum of 67l."for a deposit of 10 per Cent. upon 670l. sub-"scribed by him, in pursuance of the above said"resolution; and upon due payment of the re-"maining 90 per Cent. of the said sum of 670l."the said subscriber or his assigns, by his or their"endorsement thereon, will, in exchange for this"receipt, become entitled to 1000l. joint-stock of"3 per Cent. Annuities, which were consolidated"at the Bank of England, by certain Acts made"in the 25th, 28th, 29th, 32d and 33d of his late

"Majesty King George II. and by several subse-"quent Acts, the interest to commence from the"6th of January, 1796. Any subscriber who"shall be possessed of any Exchequer-bill or bills,"issued puisuant to an Act for raising a certain"sum of money by Loans, for the service of the"year 1796; and by another Act, passed in the"same Session, intitled, an Act for raising a fur-"ther sum of money by Loans or Exchequer-bills,"for the service of the year 1795, or by another "Act, passed in the same Session, entitled, an Act"for enabling his Majesty to raise the sum of "2,500,000l. for the uses and purposes therein"mentioned; or by another Act, passed the same"Session, entitled, an Act for granting to his Ma-"jesty, a certain sum of money out of the Con-"solidated Fund, for the service of the year 1795,"and for further appropriating the supplies granted"in this Session of Parliament, will be ready to"pay, or deliver in the same, with the interest due"thereon, for the purchase of the said Annuities;"and every subscriber who shall complete his sub-"scription, on or before the 2d of September"next, will be allowed a discount after the rate"of 3 per Cent. upon the sum so completing the"subscription, from the day of paying it to the"26th of October, 1796."Witness my hand this 26th day of April,"1796."C. Olier."£6700 Entered, W. Bridges."(Receipt for the second payment read).

"Received 100l. 10s. for the second payment."£100 10 "C. Olier."Entered, S. Stevens."(A paper annexed, read).

"Mr. Ashforth lends the sum of 4406l. 5s. upon"8400l. Scrip, from the 7th of October, 1797, to"the 21st of November following; Mr. Ashforth"is to have put into his name, on the 21st of No-"vember, 1797, 250l. a year Imperial Annuities,"at 9, and 200l. a year Ditto, at 91/2; Mr. Ash-"forth to be allowed half a year's interest, the 3d"of November. - Commission to be allowed."No. 1138, 1000l. 3 per Cents. 670l.; No."407, 1800l. 3 per Cents. 1206l.; No. 836,"1200l. 3 per Cents. 804l.; G No. 1338, 1800l."3 per Cents. 1206l.; No. 1148, 1000l. 3 per"Cents. 670l.; No. 898, 1000l. 3 per Cents."670l.; No. 1657, 600l. 3 per Cents. 402l."(The numbers of the receipts were compared with the above memorandum).

Q. Have you ever been able to recover any part of your money? - A. Not a shilling.

Cross-examined by Mr. Wood. Q. Have you ever had any stock transactions with him, besides those you have mentioned? - A. Yes, but not of Scrip; he has bought stock, and sold stock for me.

Court. Q.Have you never had any Scrip-receipts before the time you have mentioned? - A. No.

Q. When was it you received the first parcel? - A. I think, before the 1st of June.

Q. Was it in the month of May, or before May? - A. I am certain I had these papers at the time I have mentioned.

Q. But I am enquiring of you when you received them, was it in the beginning of May? - A. I cannot say, I believe it was in June; I had Omnium papers before that time.

Q. You told us he borrowed some money, and deposited several Scrip-receipts, to what amount was it? - A.Thirty thousand pounds.

Q. When was that deposit made with you, was it before the month of June? - A. I cannot say, I believe it was in the month of June.

Q.Have you any memorandum of it? - A. I think I have, (looks at a memorandum-book;) according to my memorandum it was the 26th of June.

Q. What is the memorandum that you made? - A. That Mr. Reeves deposited with me Scrip-receipts, for which I advanced him money, it was the first I had had from him.

Q. You understood the nature of these Scrip-receipts very well? - A. No, I did not at all.

Q. Do not you know that they pass as current, from hand to hand, as a Bank-note? - A. He told me so.

Q. Did he not tell you, that they were as current as cash? - A. I do not believe he did.

Q. Then how came you to tell me so? - A.When I read the head of the Scrip-receipts, seeing it was for the loan of 7,500,000l. -

Court. Q. The question is, how you came to say the prisoner told you they were current as cash? - A. I took them as security.

Mr. Wood. Q. Do not you know, that Scrip receipts are frequently floating in the market after they are full? - A. Yes.

Q. They are not turned into stock, but kept negociating? - A. I have heard so from Mr. Reeves and Mr. Parry.

Q. You went to the Bank on the 9th of January? - A. Yes; we went to the Bank about one o'clock.

Q. Was it not before one o'clock? - A. It might be a quarter after, or a quarter before, I cannot say exactly.

Q. The Stock-Exchange was open at that time, was it not? - A. I did not go to see the Stock-Exchange open or shut.

Q. It was no holiday? - A. No.

Q. You never were at the Stock-Exchange, perhaps? - A. I have been there to call on him.

Q. Don't you know it was an easy matter to

purchase 7 or 8,000l. heavy Scrip, at that time? - A. I do not know it.

Q. Don't you believe it? - A. I have been so much deceived I won't believe any thing but what I know.

Q. You must tell me what you believe? - A. I won't believe any thing.

Court. I do not see any materials that he has to form a belief upon.

Mr. Knowlys. Q. Did Mr. Reeves represent to you, that this was got in the market in a floating way, or that he derived it from a principal? - A. From a principal.

CHRISTOPHER OLIER sworn. - Examined by Mr. Giles. I am one of the cashiers of the Bank.

Q. Is it your business to sign Scrip receipts upon payments being made? - A. It is.

Q. Look at the first payment? - A. The first payment is my hand-writing.

Q. Is the next your's? -

Mr. Wood. Don't answer that question.

Here Mr. Wood took an objection to the competency of Mr. Olier to prove the instrument to be a forgery, he being the person whose hand was supposed to be forged, and therefore a party interested. - Mr. Fielding replied to Mr. Wood's objection. - The Court were of opinion that the objection was good.

Mr. Giles. Q. Is there any person of the name of Stevens, a clerk in the Bank of England? - A. No; that is a fictitious name.

Q. Is there any person of that name who enters these Scrip receipts? - A. No, there is not.

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

Q. I will ask you the same question? - A.There is not.

Q. You see the name, C. Olier, subscribed to those Scrip receipts-are you acquainted with the hand-writing of Mr. Olier? - A. Yes.

Q.Are those subsequent ones the hand-writing of Mr. Olier? - A. The first is, but the rest are not.

ROBERT ASLET sworn. - Examined by Mr. Giles. I am assistant to the chief cashier of the Bank.

Q. Are you well acquainted with the handwriting of Mr. Olier? - A. Yes, I am.

Q. Look at that paper, and tell the Jury if that is his hand-writing? - A. I do not believe it to be his hand-writing.

Q. Have you any entering clerk of the name of Stevens? - A.There is no person in the Bank of that name.

CHARLES JECKS sworn. - Examined by Mr. Giles. I am one of the cashiers of the Bank.

Q. Are you well acquainted with the hand-writing of Mr. Olier? - A. I am.

Q. Look at that receipt for the second payment-do you believe it to be his hand-writing? - A. It certainly is not.

JOSEPH KAYE sworn. - Examined by Mr. Fielding. Q. You are Solicitor to the Bank? - A. Yes. On the 30th of October, I was sent for to the Bank, and found Mr. Reeves and Mr. Parry there; an enquiry was entered into between Mr. Reeves and Mr. Parry respecting some Scrip receipts, to the extent of between 4 and 5,000l. after that enquiry had been gone through, Mr. Parry suggested to me, that he believed Mr. Ashforth was in the same situation with himself, that he held some deposits of Scrip from Mr. Reeves; Mr. Reeves was in an adjoining room, I went to him, he was then under the care of a peace officer; I told him of this, and asked him if he had made any such deposit with Mr. Ashforth; he said, he said, he had; I asked him to what amount; he said, to the amount of about 4000l. in consequence of which, I sent to him; I pressed Mr, Reeves to tell me from whom he had those receipts that he gave to Mr. Parry and Mr. Ashforth; he said, he did not know, it was a considerable time ago, and he had forgot.

- TOMLINSON sworn. - Examined by Mr. Fielding. I am in the office of the Solicitor of the Bank; I went with Townsend, a Bow-street officer, to Mr. Reeves's house, and, in a bureau, we found these Scrip receipts, (producing them); there are 33,000l. worth, all of them have the first payment genuine, and only the first payment.

WILLIAM HARRIS sworn. - Examined by Mr. Knowlys. I am a clerk in the office of the chief cashier of the Bank.

Q. Have you the book of the Loan of seven millions and a half, and the payments that have been made upon it? - A. There are about thirty cash-books, and four ledgers.

Q. Have you the book which relates to No. 1138? - A. Yes; I have the ledger. (Refers to the book).

Mr. Knapp. Q. Is that the original book? - A. It has never been entered in the original book; it has never been in for payment.

Q. Is what is entered there, entered into any other book? - A. It cannot be.

Mr. Fielding. Q. Have you the book in which the No. 1138, is first of all entered at the Bank? - A. Yes, I have, (produces it); this is the original book that the receipts are delivered to the public from; (reads), No. 1138, 670l. in the name of Ellis Vere , Esq.

Q. Is there a date to it? - A. No.

Q. Is there any other entry, after that, under the same number? - A. There is none.

Q. Then no subsequent payment was made? - A.No.

Court. Q. If a second payment had been made, would it have appeared in that book? - A. It would.

Court. Q. The first payment has been made? - A. The deposit of ten per cent.

Court. Q. Have you any book that contains an entry of the deposit? - A. Yes. (Refers to it).

Court. Q. If a second payment had been made, would any entry have been made in that book? - A. No, it would have been in one of these small books; but there is no such entry.

Mr. Wood. I submit to your Lordship, that the evidence given in support of this charge, does not prove the indictment. My Lord, The first objection that I shall take the liberty of stating is, that the indictment states that the prisoner at the bar forged a receipt, purporting to be the receipt of Christopher Olier; now, upon looking at the face of the receipt, your Lordship will see, that it does not purport any such thing. It is true it bears the signature of C. Olier, but that may be Charles, or any other name beginning with a C, but does not purport, upon the face of it, to be Christopher Olier. My Lord, I understand there was a case of that sort lately, which my learned Friend, Mr. Knapp, will cite to your Lordship, in which that objection was taken, and prevailed. My Lord, with respect to the other objections, I think it will be better for me to take your Lordship's opinion upon this, before I proceed to them.

Mr. Knapp. The case Mr. Wood has alluded to, is the case of the King and Gilchrist, which was determined by all your Lordships; it was reported in this place by Mr. Justice Buller, of which I have a very correct note.

In February Sessions, 1795, the prisoner was indicted for forging a certain paper writing, purporting to be an order for the payment of money, and purporting to be signed by T. Exton, and to be directed to Lord George Kinnard, William Morland, and Thomas Hammersley , bankers and partners, by the name of Ransom, Morland, and Hammersley; and then it is set out in the indictment, in the way in which it purports to be stated. The objection was, that the bill was improperly described, the name of Lord George Kinnard not being upon the face of it, it could not purport to be directed to him. The Jury convicted the prisoner; and, in July, 1795, at the Sessions here, Mr. Justice Buller says, "I give the opinion of ten of the Judges, who were all that assembled, and were unanimous upon the point; I must make an observation upon the manner in which indictments of this nature are drawn. It is the duty of a good pleader not to clog the record unnecessarily, to take care not to throw too much proof upon his client, and not to state repugnant, or absurd matter. The books are full of distinctions as to the words purport and tenor, and the necessity of using the one or the other; but I find no determination that both shall be stated; the purport is the substance of the instrument as it appears upon the face of the instrument itself; the tenor is an exact copy; where the tenor is set out, the purport must be necessarily included; the forms of indictments are now much more complicated than formerly, and, I think, much worse. The indictment stated the prisoner to have forged a certain paper writing, signed T. Exton, purporting to be a bill of Exchange, and then setting out the tenor is quite sufficient; there must be a tenor set out, and then the purport is included. Lord George Kinnard, Morland, and Hammersley, carrying on the banking business under the name of Ransom, Morland, and Hammersley, the pleader thought he must take the name of Lord Kinnard, which is not necessary, which renders it inconsistent with itself, and repugnant to the bill, for it does not appear to be so directed; and as such direction is not upon the face of the bill, the indictment is bad, and the prisoner must be discharged from this indictment."

Now, it does seem to me, my Lord, that this objection goes, all fours, with the objection that Mr. Wood had taken. The objection there was, that the appearance of the bill contradicted the purport; - what is the objection here? It purports to be signed by a person having a christian name belonging to him, namely, that of Christopher.

Does Christopher appear to be the person whose name the bill purports to bear? Certainly not; but C. Olier, which may be Charles, or any thing else; and, therefore, that determination seems to me to govern the present objection; and, I trust, your Lordship, upon that authority, will be of opinion that it is fatal.

Mr. Balmanno. I will only just mention to your Lordship another case, reported in Mr. Leach's book, the case of William Jones , where it was decided, that an instrument, purporting to be a Bank-note, must appear so upon the face of it; and, that no representation of the prisoner can alter the purport of it.

Court. This case, a little, varies from the cases that have been cited. As I understand it, the prisoner gave a receipt with C. Olier subscribed to it, thereby purporting to be the receipt of Christopher Olier , who is one of the cashiers of the Bank. The case of Gilchrist differs from this, because the name of Kinnard does not at all appear upon the face of the bill; but this seems to me to describe it exactly as it is; a receipt for one hundred pounds ten shillings, with the name C. Olier, thereto subscribed; therefore, I do not feel the weight of the objection; I will mention it to my Brothers who are up stairs, and if they have any doubt upon that point, it shall be saved.

Mr. Wood. I am to submit to your Lordship, that there is not sufficient evidence to be left to the Jury, in order to convict the prisoner of the offence charged in this indictment. My Lord, in order to make an offence within this Act of Parliament, it must clearly appear, that the instrument supposed to be forged, was forged subsequent to the passing of this Act of Parliament for raising a Loan of seven million and a half.

My Lord, this Act of Parliament passed on the 14th of May, 1796, and the clause upon which the indictment was founded, is the twenty-second: "That if any person or persons shall forge, or counterfeit, any receipt, or receipts, for the whole, or any part of the said contributions towards the said seven millions and a half, or shall alter any number, figure, or word therein, or utter, or publish as true, any such forged receipt, shall be adjudged guilty of felony, and suffer death, as a felon, without benefit of clergy.

Now your Lordship will see, that the Act is merely

prospective, and, therefore, unless it has clearly appeared in evidence, that the receipt, which has been uttered, was actually forged, subsequent to the passing of this Act, I conceive the prisoner ought to be acquitted. Now your Lordship will see, that the first receipt is dated the 26th of April, which is before the passing of the Act, and the uttering a receipt which had been forged, prior to the passing of the Act, could not have brought the defendant within that Act. Now, I take it, that there is no evidence in this case to prove, that the receipt was forged, subsequent to the passing of the Act, and your Lordship will recollect what the evidence is; the several receipts were deposited in the month of June, and if they were the same receipts or part of the same receipts that were returned to Mr. Ashforth, at the time they were returned, then, most undoubtedly, the case would have been clear; but, my Lord, it is not so, because your Lordship will recollect, that Mr. Ashforth says, he would not pretend to say, they were the same receipts that he had had in his possession before. Therefore, how does the matter stand upon the evidence? That certain receipts had been delivered subsequent to the passing of the Act, and (which is a material circumstance, that I must beg leave to call your Lordship's attention to) the first of those receipts bears date the 26th of April, and the others have no date to them, therefore, non cunstat, all these might have been forged before the passing of the Act, and if they were, I conceive the prisoner cannot be found guilty. The first payment, your Lordship will observe, was on the 26th of April, and it is possible, that all might have been paid up at that time, for subscribers to the loan have an opportunity of paying in the whole of the subcription, and it does not appear to the contrary. That is my objection, that inasmuch as it does not clearly appear, that the receipt uttered was forged subsequent to the passing of the Act, the defendant ought to be acquitted.

My Lord, There is another objection, which I trust your Lordship will think clear and decisive, and that is, that this receipt, which is supposed to be forged, is not a receipt to which this Act of Parliament applies; and here I beg leave to state particularly to your Lordship, the nature of this subscription, and the nature of the clauses contained in the Act. My Lord, it is clear, that to constitute a forgery within this Act of Parliament, the receipt itself must purport to be a receipt for a contribution for the purchase of these annuities, mentioned in the Act. Now, my Lord, let us see whether this receipt does purport to be a receipt for any subscription, or contribution, for the purchase of the annuities mentioned in this Act. My Lord, the Act begins with reciting that the Commons of Great-Britain have resolved that the sum of seven millions and a half be raised by annuities, in manner therein after-mentioned. It then directs that the contributors shall, for every 100l. contributed either in money or Exchequer-bills, he entitled to the principal sum of 100l. in the 3 per Cent. Consols, and an additional principal sum of 20l. in like Annuities; a further principal sum of 25l. in the 3 per Cents. Reduced, and a further annuity of 5s. 6d. for a certain number of years. The interest upon the Consolidated Annuities, is to commence from the 5th of January 1796, upon the Reduced Annuities, from the 5th of April 1796, and I believe the 5s. 6d. Long Annuities are to commence from April likewise.

Then the 19th Section of the Act says, that all monies to which any person or persons shall become entitled by virtue of this Act, in respect of any sum advanced, or contributed towards the said sum of seven millions and a half, on which the said respective Annuities first mentioned shall be added to the joint Stock of Annuities, transferrable at the Bank of England, which had been consolidated by former Acts of Parliament, so far, with respect to the 3 per Cents. Then, with respect to the 25l. 3 per Cent. Reduced Annuities, they are likewise to be added to the old Stock of 3 per Cent. reduced Annuities, and the 5s. 6d. Long Annuity is to be added to the old Stock of 5s. 6d. Long Annuities. Now, if your Lordship will please to advert to the terms of this receipt, your Lordship will perceive that it is quite a distinct Annuity, for it is a receipt for a subscription of 670l. for the purchase of 1000l. in the old Stock, which had been consolidated by the former Acts of Parliament. In order to have been a receipt within this Act of Parliament, it ought to have been at least for the sum to be created into a Stock by this new Act, and added to the old Stock; whereas it is a receipt for 1000l. in a Stock which has been long consolidated, and which this Act does not authorize the sale of; here the receipt does not appear to be a receipt for the purchase of Stock to be added to the old Stock, but is a receipt for the purchase of the old Stock itself. There is a material difference between a man giving a receipt for 1000l. 3 per Cent. Consolidated Annuities, as long ago as the 25th, 28th, 29th, 32d, or 33d of George II. and one that is to be created in 1796.

My Lord, There is another thing - Every person, subscribing under this Act of Parliament, is entitled to three different species of Stock; for every 100l. he is entitled to so much 3 per Cent. so much Reduced Annuities, and so much Long Annuities. Now this is merely a receipt for the purchase of Stock in the 3 per Cent. Annuities. The Governor and Company of the Bank of England may say, we think sit to divide this, and therefore we will give different receipts; but that has not appeared in evidence, and therefore it is not to be presumed that such receipts are given; and supposing such receipts are given, it is not for the Bank of England to bring persons within the penalties of this Act of Parliament, by any particular acts of their own. A receipt, under this Act of Parliament, must be according to the terms of the Act; it therefore ought to have been a receipt for the receipt of so much, for which the person was entitled to such a quantity of 3 per Cent. Annuities, such a quantity of Reduced Annuities, and such a quantity of Long Annuities. - Therefore, My Lord, upon these grounds, I submit to your Lordship, that the prisoner ought to be acquitted.

Mr. Wood was followed by Mr. Knapp and Mr. Balmanno, on the same side.

Mr. Fielding. I will trouble your Lordship with a very few observations -

Court. It is unnecessary to give you any trouble, Mr. Fielding, for I do not see that these objections have any weight. With respect to its being forged prior to the Act, it seems to me to be for the Jury to say, upon the

whole of the evidence, whether it was forged subsequent to the passing of the Act, or not; though I do not know that is necessary that they should do so, for it does not matter, in a case of forgery, if the receipt was forged, and was uttered and published after the passing of the Act, every ingredient of the crime is complete.

The next objection is, that this is not such a receipt as that to which the Act applies. The argument of the Counsel has gone upon reading only a part of the receipt; if the whole of the receipt was read, it would be impossible to doubt what it was for; for it states the Loan of 1796, for seven millions and a half, 1000l. 3 per Cent. Annuities, to be added to the 3 per Cent. Consolidated Annuities of stock then existing. The indictment goes on, and states the receipt more fully: - Received of Ellis Vere , Esq. the sum of 67l. for a deposit of 10 per Cent. upon 670l. subscribed by him, in pursuance of the above-said resolution, and upon the due payment of the remaining 90 per Cent. of the said sum of 670l. the said subscriber or his assigns, by his or their indorsement thereon, will, in exchange for this receipt, become entitled to 1000l. joint-stock of Annuities, consolidated at the Bank of England by the several subsequent Acts. - Is not this Act one of the subsequent Acts by which this stock was consolidated?

The next objection is, that it must be adapted to the very terms of the Act, that the subscribers shall be entitled to a certain proportion of 3 per Cent. Consolidated Annuities of the 3 per Cent. Reduced Annuities, and of the Long Annuity. Now let us see what is the clause in the Act, which makes it a forgery to counterfeit a receipt for the whole, or any part of the said contribubution - Now, does not this appear to be a receipt for a part of this contribution? - As to there being separate receipts, I am to understand, that the Bank, in doing their business, do it correctly; there is a very great inconvenience in having them separate and distinct, because a man has an opportunity to purchase in what stock he pleases; but, in the course of this argument, the second set of Counts is entirely forgot.

These objections have been argued by the Counsel very ably, and with all that zeal that does them credit, when a man has so much at stake.

Prisoner's defence. My Lord, and Gentlemen of the Jury, I have known Mr. Ashforth for a considerable time, and transacted a great deal of business for him in my line of Scrip receipts; the loan of seven millions and a half for the year 1796, being considered advantageous to purchase, I purchased many of them for Mr. Ashforth as well as myself; having accounts to settle with Mr. Ashforth, for money advanced by him, with only the first payment made upon them, and having inadvertantly lost the opportunity of making the other payments, by being confined to my room by severe indisposition; on my recovery, I went to the Stock-Exchange, and purchased Scrip receipts with the whole payment, I cannot tell whether they were forged any more than if they had been Bank-notes passing through my hands. My Lord, Scrip receipts are as current as Bank-notes; I cannot recollect of whom I purchased them; there are many gentlemen about the Stock-Exchange, who keep no minutes of their business any more than myself; if I had had any idea of forging, or uttering a receipt knowing it to be forged, I certainly should not have attended the Stock-Exchange as I did; I was attending the Stock-Exchange to the very hour, and in fact, at the very minute that I was apprehended.

For the Prisoner.

SAMUEL NESBITT sworn. - Examined by Mr. Wood. Q. You have been pretty largely concerned in the negociation of Scrip? - A. I have.

Q. Is it not usual to negociate Scrip without taking any account of whom you purchase them? - A. It is very much the practice upon the Stock-Exchange; it is so in my own case; it is impossible for me to say of whom I have bought them.

Q.Perhaps you have known some instances of it? - A.Particularly so in the month of October or November, I forget which, in the settling of a large sum of Scrip, I missed it; I looked over my accounts, and could not find it; the next morning, I stuck up an advertisement at the Stock-Exchange, but I could not learn any thing of it.

Q. Is it customary to negociate full Scrip? - A. Yes; suppose I want to borrow money, I go to my banker, and deposit that, it is more handily done than transferring stock.

Cross-examined by Mr. Fielding. Q. How long have you been employed as a broker? - A. Upwards of twenty years.

Q. Then I take it for granted, you have heard of Lyon's case formerly? - A. Yes; I know the case.

Q. Then that circumstance might have shewn you, that now and then, paper passing about might be dangerous? - A. Yes.

Q. Did you ever purchase Scrip without looking at it? - A. No.

Q. In the purchase of Scrip, what is it material to consider? - A. The party of whom you purchase, and to see that the money is right. Having had very large concerns in Scrip, I have found, when I have attempted to take an account of the letters and numbers, I could not get through my business; I should have known who I bought 5000l. of, and who I had bought Scrip of; but if it had been forged, and had been afterwards brought to me, I could not have said, who I had had it of.

Q. When all the payments are made upon this Scrip, you are entitled to a dividend upon that stock from that time, are you not? - A. Yes.

Q. When you keep it out of that stock, of course you have no dividend? - A. If I keep it after a dividend, I procrastinate the payment of the dividend.

Q. Then if you keep heavy Scrip that is paid up, by you, you lose all the interest of that stock you

turn it into? - A. Provided I pay it up, or convert it into stock before the dividend becomes due, then I should lose that interest.

Q.Understand me, supposing the payments upon the subscription of 2000l. are all made up at that very moment, you may convert it into stock? - A. Certainly.

Q. Then, if you keep that Scrip by you six months, you lose the advantage of six months dividend upon that stock? - A. No; if I keep it, and do not make it into stock, I only lose the interest upon the interest; as soon as I turn it into stock, I get the arrears of the dividend.

FRANCIS WALSH sworn. - Examined by Mr. Knapp. I am a broker.

Q. Were you in Court, when the last witness was examined? - A. I was.

Q.Have you ever had an opportunity of taking Scrip, without making any minutes, by which you would be able to know of whom you have bought it? - A. Yes; I have bought large quantities of Scrip.

Q. Have you happened to have any loss in consequence of it? - A. No; I always make a minute of what I buy, but not of the persons.

Cross-examined by Mr. Knowlys. Q. You always take particular notice of whom you buy it? - A. Yes, and for whom.

Q. Would you, from your practice, if you had bought any particular sum, know of whom you had it? - A. Yes.

JOHN RHODES sworn. - Examined by Mr. Balmanno. Q. Are you acquainted with the mode of transacting business at the Stock-Exchange? - A. Yes.

Q. Do you know if it is the constant practice for jobbers to take minutes of every transaction? - A. We always make minutes of whom we have them of, but the Scrips are apt to mix, they are like such a number of Bank-notes.

Cross-examined by Mr. Giles. Q. Though you do mix your Scrip, you take minutes of whom you receive them? - A. Yes.

Q. If you were to make a deposit of Scrip with a third person for a principal, should you not take an account of whom that principal was? - A. Yes; but Scrip is as negociable as Bank-notes.

The prisoner called Messrs. James Palmer Hobbs, - Nesbitt, William Briant, and James Longman, who had known him fifteen or sixteen years, and gave him an excellent character.

GUILTY Death .

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

Reference Number: t17980110-42

107. JOHN BROWN was indicted for feloniously stealing, on the 4th of January , a flannel petticoat, trimmed with linen, value 5s. the property of William Prince .

MARTHA PRINCE sworn. - I am the wife of William Prince , I live in Great Woodstock-street ; I had hung up my flannel petticoat in the front area, I had been washing on Thursday the 4th of this month, I hung it out about three o'clock in the afternoon, I missed it about eight in the evening; a witness, who is here, detected the prisoner in taking it, he was taken and brought into the shop by Joseph Wilson, he had dropped the petticoat into the area again.

JOSEPH WILSON sworn. - I am a publican, I live in High-street, St. Mary-le-bonne; about twenty minutes before eight o'clock, going past the corner of Great Woodstock-street, I saw the prisoner, and another man with him, standing at the corner; I did not take much notice of them at that time, till I returned in about ten minutes for some more porter, when I saw the prisoner and the other standing in the same position as they were before; I went home and got some more porter, I live about 100 yards from the place, I had got a pot and three pints of beer, as I was going back again, Mr. Prince's is the corner house, the other man that was with the prisoner, was then standing by the corner, by himself, I saw the prisoner with this line and hook to it, (the book was made with the prongs of a fork, with the points turned up;) I saw him pulling something up out of the area, I went close to him, I heard him say to his partner, d-n me, Tom, I have got it, supposing me to be his companion, I waited a bit, and saw the petticoat come up to the iron rails, I saw that it was flannel, but did not know it was a petticoat, the iron rails lie flat, he had got it just above the iron rails; I then asked him what he was about, and told him, I was sure he had no business there; he kept winding up the line, and I immediately took him by the collar, he then immediately let go the line, and the petticoat, line and hook went into the area; I secured him, and the other man immediately ran away; I took him into the shop, and Mrs. Prince went down into the area, and brought up the petticoat, we could not find the line upon the prisoner, and we thought he had made away with it, but it was found the next morning in the area, and given to me; I asked him what he was, and he said, he was a silversmith, how could we think of his doing such a thing.

Q. Were you near enough to undertake to say, that it was a flannel petticoat? - A. I can swear it was flannel, and I saw him let it fall.

HENRY BATES sworn. - I belong to St. Mary-le-bonne watch-house; the prisoner was brought into the watch-house by Wilson, and two of our watchmen, on the 4th of this month, with a

petticoat wet, (produces it); I have had it ever since.

Q.(To Mrs. Prince.) You did not see the petticoat picked up? - A. No, the landlady of the house picked it up; she is not here.

Q.Were all the things, that had been washed, your clothes? - A. Yes; an under waistcoat of my husband's.

Q. Your petticoat, of course, would be larger than the waistcoat? - A. Yes; the waistcoat was remaining upon the line when I went to take the rest of the linen in, which was as soon as I had recovered the alarm; the clothes hung within two yards of the top. (The petticoat deposed to by the prosecutrix).

The prisoner said, in his defence, that as he was going past the house he was apprehended.

GUILTY (Aged 25.)

Transported for seven years .

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

Reference Number: t17980110-43

108. MARIA HIPKIN , and ANN HIPKIN alias SCOTT , were indicted for feloniously stealing, on the 22d of November , a dimity petticoat, value 2s. a pair of linen pockets, value 3d. three linen shifts, value 8s. a cotton gown, value 8s. a muslin petticoat, value 4s. three linen shirts, value 15s. a flounced muslin petticoat, value 7s. a half muslin handkerchief, value 1s. a jeannet waistcoat, value 10s. a muslin waistcoat, value 10s. a linen pocket handkerchief, value 4d. a black velvet belt, value 2s. a silver tea-spoon, value 2s. three cotton petticoats, value 4s. and one linen sheet, value 10s. the property of John Mackenzie .

MARIA MACKENZIE sworn. - I live at No. 1, Tyson-place, Kingsland-road ; I am the wife of John Mackenzie, he sells by commission: The young woman, Maria Hipkin, came to lodge at my house, in November, she did not stay quite a fortnight; on Friday the 22d of November, I missed the things mentioned in the indictment,(repeating them); they were all dirty linen, in the closet in the two pair of stairs room, except a sheet, which was in a box; she was out when I first missed them, and when she came home, she said she knew nothing about it; I told her, on Sunday morning, that if she would bring them back, and throw them down the area, I would not do any thing to her; on the Sunday evening, going up stairs, I was surprized to find the windows all open; I called to her, and found she was gone; I had seen her in the room about a quarter of an hour before that, I think it was between seven and eight o'clock.

Q. How do you know she had not gone down stairs, and gone out at the door? - A. We asked her if she wanted to go out any more that night; and she said, no; and we locked and bolted the doors; the other prisoner was the person that gave her a character, we did not know then that she was her mother, she frequently came backwards and forwards to see her.

Q. Did you ever find any part of your things again? - A. Yes, some at a pawnbrokers; last Friday week I heard that she was taken up, I went, and found that she had one of my petticoats, a striped dimity, upon her, and a pair of pockets belonging to me, and a handkerchief round her neck belonging to me, but I did not take that, I have the others here; and at Mr. Gaunt's, the pawnbroker's, I found a shift, and other things; I found a round gown at Mr. Townsend's; and a striped muslin petticoat, and two shifts at Mr. Frith's.

Prisoner, Maria Hipkin . Q. What marks are there upon the things? - A. They are all my own make, the petticoat that she had on, she has altered the make of it; there is an iron-mould, and a seam in it, that I should know it again by; and the round gown has got an iron-mould upon the front of it.

WILLIAM GAUNT sworn. - I am a pawnbroker, No. 95, Shoreditch: The elder prisoner, the mother, has been very frequently pledging things at our shop; the daughter has sometimes, but not so often as the mother; on the 25th of November, I took in this petticoat of one of the prisoners, but which I cannot tell.

JOSEPH FRITH sworn. - I am a pawnbroker,(produces a gown, petticoat, and two shifts); I received them of one of the two prisoners, I cannot say which, they both came at different times; two shifts on the 2d of December, and one petticoat; and upon the 5th of the same month, a gown; sometimes they came together; one was pledged in the name of Scott, and another in the name of Williams; the petticoat was in the name of Scott.

Q. What did the old woman generally call herself? - A. I think, generally, in the name of Williams, sometimes in the name of Scott.

Q. Did the old woman pawn any of these things in the name of Scott? - A. I do not think she did.

SAMUEL HARPER sworn. - I had the prisoner in custody; the prosecutrix came to the office and saw the prisoner, she was searched in another room, and some things found upon her which Mrs. Mackenzie said were her's. (The property was deposed to by Mrs. Mackenzie).

Maria Hipkin 's defence. The things pledged, I never pledged; that petticoat Mrs. Mackenzie has sworn to I have had three years; I was searched once before Mrs. Mackenzie, and every thing took off, one by one, beyond delicacy, even to my linen; I had the same petticoat on then, and she never owned it.

Q.(To Mrs. Mackonzie.) Were you present when she was searched? - A. No, I was not; the Justice said, there was not proof enough, and I must bring her again when I had more proof.

Harper. She was not searched the first time, except her pocket, and them I searched.

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

Maria Hipkin , GUILTY (Aged 18).

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

Ann Hipkin, NOT GUILTY .

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

Reference Number: t17980110-44

109. JOHN MORRIS was indicted for feloniously stealing, on the 7th of December , 5l. 6s. 6d. in monies numbered , the property of Robert Sanderson and Abraham Sanderson .

Second Count. For stealing the same money, laying it to be the property of William Willey .

It appearing, in evidence, that the prisoner had been guilty of a fraud but not of a felony, he was ACQUITTED .

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

Reference Number: t17980110-45

110. THOMAS PARTRIDGE and JOHN PRIEST were indicted for feloniously stealing, on the 12th of December , two trusses of hay, value 2s. the property of George Dennett .(The case was opened by Mr. Knowlys).

GEORGE DENNETT sworn. - I am a cow-keeper in Gray's-inn-lane ; the prisoner, Priest, had been my servant four years, he had been in the yard seven years; the other prisoner had been a servant to me about two months: I had lost hay five nights preceding this; I went into the hay-loft on the night of Monday the 11th of December, and counted the trusses; on the Tuesday morning they were to go beyond Brentford for turnips, they were to go about two in the morning; I got up at four, and examined the loft, I missed two trusses or have, there were sixteen the night before; they always have a sufficient quantity of hay given them every night before they go a journey; when I got up, my foreman, Chorley, gave me information, and I immediately went to Hatton-garden office; in consequence of that, I went on the road, and met them coming back with the waggon, and had them apprehended, we had two officers with us; I took Priest with one officer, and Partridge with the other; I asked Partridge what he did with the hay that he took out in the morning; he hesitated some time, and said, he did not take any out; I said, it was of no use to deny it, for Chorley saw him take it out; he hesitated some time, and then told me he had sold it to George, the ostler, at the public-house at Bayswater.

Q. At the time he said this, was Priest within hearing? - A. No.

Q. Did you ever give him authority to dispose of any hay to any body? - A. No.

Q. What is the value of two trusses? - A. It cost me four shillings; it was old clover.

Cross-examined by Mr. Alley. Q. You took the prisoners before they had come back as far as Bayswater? - A. Yes.

Q. I believe you told him, that Priest was a d-d rascal, and he would transport him, but if he would tell you who the receiver was, you would let him off, because he had a family? - A. No; I told him, I should be glad to catch the receiver.

Q. Did not you say, you would not prosecute him, if he told you who the receiver was? - A. No, I did not; I said, I would rather have the receiver than him.

Q. Did you not endeavour to make a witness of him before the Magistrate? - A. I asked Mr. Bleamire's advice about it, and he was sworn.

Q. In consequence of that, the receiver was taken up? - A. Yes; but the Justice said, there was not sufficient evidence.

Q. Had you seen any hay given to these men for their journey? - A. Yes; I saw hay laid out for them the night before, more than the horses could eat.

EDWARD CHORLEY sworn. - I sat up to watch the premises: About half an hour after two in the morning, I saw Priest unlock the loft-door, I had a view of both the stables and the loft; he called out to Partridge, who was about twenty yards from him, and then he gave Partridge a truss of clover; and then Partridge took it to the stable; then Priest threw another truss down, and Priest and Partridge took that into the stable; then they took the two shaft horses out, and went to fetch the waggon out, they were going to the other side of Brentford; they put three trusses of clover into the waggon; one truss we always allow them over night, which is plenty for the horses during their journey; then they put the other horses to, and drove off; I followed them till they got to Bayswater, and there they made a stop; one was in the waggon, and the other driving; the driver took out one trufs of hay, and threw it into the public-house yard, at Bayswater, and then he came back again, and took another truss, and took it into the same yard; then he took his whip, and went off directly, the other two remained in the waggon; then I went into the yard to see if I could find it, I could see nobody up; I found one of the trusses standing up end-ways in the corner, but the other I could not find; I came back and told my master, and he got two officers, and we went to meet them.

Cross-examined by Mr. Alley. Q. How many horses were there? - A. Six.

Q. How many miles is it to the place where they were going for the turnips? - A. Ten or a dozen, I believe.

Q. Is one truss sufficient for six horses? - A. Yes, plenty.

Q. Were there any other horses in the stable at the time they took the trusses into the stable? - A. Yes; and I afterwards saw them put them into the waggon.

Q. What distance might you be from the men, when you saw them at Bayswater? - A. Not one hundred yards.

Q. Then if you could see them, they could see you? - A. They might, I cannot say.

Q.When you went into the yard, you could find but one truss? - A. No; where the other was deposited, I do not know.

Court. Q. Did you look to see if the lost door was locked before you went after them? - A. Yes, it was.

GEORGE LONGDEN sworn. - I am an officer belonging to Hatton-Garden; I took Partridge into custody, and my brother officer took the other; when I brought Partridge along with me, before we got to Bayswater, he said, his partner and him had once or twice before stole hay from their master, and he said, it was his partner that persuaded him to do it, they were taken to the office and committed.

Cross-examined by Mr. Alley. Q. What did you say to Partridge before this? - A. I asked him how he could be guilty of such a thing, to rob his master.

Q. Was Mr. Dennett present? - A. Not at that time.

Q. You heard him say something about the receiver? - A. I did not hear of that till afterwards.

Q. Do you mean to say, the man accused himself without any temptation being held out to him? - A. Yes.

Partridge's defence. It is very false about two trusses of hay being taken out of the lost, there was but one.

Priest's defence. There was but one, and I never took a bit out of the yard.

The prisoner Priest called two, and Partridge three witnesses, who gave them a good character.

Partridge was recommended to mercy by the prosecutor, on account of his having a large family.

Partridge, GUILTY (Aged 52.)

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

Priest, GUILTY (Aged 50.)

Transported for seven years .

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

Reference Number: t17980110-46

111. THOMAS PRESSELL was indicted for feloniously stealing, on the 14th of December , two coach cushions, value 7s. and a coach cloth, value 1s. the property of Robert Gunter .

ROBERT GUNTER sworn. - I am a hackney-coachman : On the 14th of December last, I was standing at bethnal-green , opposite the Peacock; about nine o'clock in the evening, while I was in the house, a man came and told me the coach doors were open, I went out with a candle, and found two coach cushions gone, and a cloth, the two cushions that were on the road side were gone; next morning, between eight and nine, in Cat's-head-court, Orchard-street, Westminster, at the prisoner's house, I found the cloth under his pillow, he was in bed; the constable took it from under his head we found the cushions soon after, in one Mrs. Webb's coal cellar, in the same court, a considerable distance from the house; when I took the constable into the house, and found the cloth, he denied knowing any thing about it; I told him, it would be a great loss to me, being a poor man, and I should be glad if he would let me have my property; he said, he knew nothing at all about it, and we took him to the Justice's; about half an hour after that, in consequence of the information of a man that came there, we went to Mrs. Webb's, and found the cushions in her cellar, I never saw the prisoner before.

MARY SHYERS sworn. - I keep the Peacock, at Bethnal-green; I do not know any thing of the prisoner, more than that he has called at our house several times; the prisoner was at our house on Friday, when the coachman lost his cushions; I saw him first about six o'clock, he went away about nine, or between eight and nine, I saw him afterwards in the road, near Shoreditch, between nine and ten, in a little cart, my brother put his little boy into the cart, and in getting out, he threw out something like a coach seat, and I took it up, and gave it him again.

ELIZABETH WEBB sworn. - I live in Cat's-head-court, Orchard-street; on Friday the 15th of December, the daughter of the prisoner came in about nine in the morning, and asked leave of me to put lumber into my coal-cellar, that her father brought home the night before in a cart; I gave her the key, she carried a sack out of her father's house, that appeared to me to be full.

WILLIAM MESSENGER sworn. - I am a constable belonging to Queen-square, (produces the property;) I found this house-cloth under the prisoner's head, in bed, and these two cushions in a bag, in the last witness's coal cellar, on the 15th of December, about eleven o'clock, there were two more coach cushions in the same bag.

Gunier. These are my property.

Prisoner's defence. Going to the Justice's, the

coachman said, he could not take upon himself to swear to the cloth; and Messenger said, he must swear to something, or else he could not recover any thing.

Gunter. I never said I could not swear to it.

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

GUILTY (Aged 56.)

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

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

Reference Number: t17980110-47

112. MATTHEW PAUL was indicted for feloniously stealing, on the 29th of December , a metal candlestick, value 2s. the property of Thomas Carrick .

THOMAS CARRICK sworn. - I am a publican in the Broadway, Westminster ; the prisoner came to lodge in my house, about five days before I lost my candlestick: On the 29th of December, about nine in the morning, I put the candlesticks myself to the tap-room fire, to melt the grease out for the servant to clean; I went out of that room into the bar; soon after, I returned to serve a pennyworth of purl to a drummer, and went back into the bar; in a few minutes, I had occasion to go into the taproom, and missed one of the candlesticks.

Q. Have you seen it since? - A. Yes, it is in Court; the prisoner was standing in the tap-room at the time, and nobody else was there except the drummer; I took him in Tothill-street, with the candlestick in his pocket.

WILLIAM MESSENGER sworn. - I apprehended the prisoner, and found the candlestick in his pocket; he said, distress drove him to it.

Prosecutor. I know this to be my candlestick.

Prisoner's defence. I was very much distressed, I own I took it, but I was starving for two or three days before.

GUILTY (Aged 40.)

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

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

Reference Number: t17980110-48

113. JOHN DAVIS was indicted for feloniously stealing, on the 3d of October , 72 silver tablespoons, value 60l. 36 silver desert spoons, value 18l. 72 silver four pronged forks, value 601. and 18 pair of silver shoe-buckles, value 18l. the property of David Scott , William Fairley , and William Lennox , in a certain vessel, called a boy, belonging to the East-India Company, upon the navigable River Thames .

The indictment was stated by Mr. Knapp, and the case by Mr. Const.

DUNCAN URQUHART sworn. - Examined by Mr. Knapp. I am a silversmith, on Clerkenwell-green; I have a partner of the name of Hart -

Q. Were you employed by the prosecutors to make any plate for them? - A. Yes, I was; Messrs. Scott and Company; they were finished by the 3d of October; 6 dozen of forks, 6 dozen of tablespoons, 3 dozen of desert-spoons, 24 pair of silver buckles, 6 dozen of tea-spoons, and 12 punchladles; I packed them up myself, and nailed the box up myself, and corded it; I marked it, H. M. 693; I left the box at home with my partner, Mr. Hart, and went down to the Custom-house, to make my entry; Mr. Hart afterwards sent it down to me; this was on the 3d of October, it arrived there about one o'clock; Greenfield, our porter, brought it there, Mr. Hart did not come with him; the box appeared to be exactly in the same sort of security as when I left it; it was too late to find the Searchers then, and we left it with Greenfield till after dinner; at three o'clock, when I returned to the Custom-house, it appeared to be in the same state then; Greenfield was there; the Searchers then had it examined up in there warehouse, and I went with them, and looked them over, and they corresponded with my lift exactly; it was then locked and corded up again as before, with the addition of the Custom-house seal; I and Greenfield went to Botolph-wharf, where I delivered it to Mr. Reeves, and came away.

Q. Have you seen any part of that property since? - A. Yes; I saw the forks and some of the spoons, at the Public-office, in Bow-street, on Wednesday, the 11th of October; they were part of the goods I had put in the box for Messrs. Scott and Company; and afterwards some buckles I saw at Bow-street, at another examination, which were also a part of those goods, and 2 table-spoons, and 2 desert spoons, in the custody of the same officer. Our order was to lend them to Botolph-wharf; in consequence of some information, I went, on Tuesday, the 10th of October, to Gravesend; I went on board the Anna Indiaman , commanded by captain Gilmour, I applied to the commanding officer, who was the chief mate, the captain not being on board, and the box that I had packed up was produced; it was nailed and corded as I had left it, but the bottom appeared to have been taken out; I opened the box, but did not find the things contained in it that I had packed up; I missed 6 dozen of table-spoons, 6 dozen of forks, 3 dozen of desert spoons, and 18 pair of buckles; the articles that remained were in the box, in the same papers that I packed them in; I nailed the box up again, and left it in the care of the same person, who had had the care of it before.

Court. Q. Is the chief mate here? - A. No.

Cross-examined by Mr. Knowlys. Q. I think it was the 3d of October that you delivered this to the boy, at Botolph wharf? - A. Yes.

Q. What day was it you went down to the ship Anna? - A. The Tuesday following, the 10th.

Q. She was lying at Gravesend? - A. She was lying four miles nearer London.

Q. Then that must have been in the county of Kent or Essex, one of the two, according to which side of the river she laid nearest to? - A. I cannot say.

Q.How many does the crew of an East-India ship consist of - about 100, is it not? - A. I believe it is.

Q. I suppose you do not know, of your own knowledge, where the East-India ship lay, when you conveyed this chest on board? - A. No.

Q. Have you ever had a receipt from the captain? - A. No.

GILSON REEVE sworn. - Examined by Mr. Const. I am shipping-officer of the East India warehouse, at Botolph-wharf; I perfectly recollect Mr. Urqnhart bringing a box, numbered H. M. 693, said to contain plate; I shipped it off within half an hour, it was never out of my sight; I delivered it to a confidential man of our's, of the name of Coe, to carry it on board the hoy, it was the Madras hoy, which lay directly opposite the warehouse, near Billingsgate.

Cross-examined by Mr. Knowlys. Q. You did not see him actually put it on board the boy? - A. No, I delivered it to him to carry there.

WILLIAM COE sworn. - Examined by Mr. Knapp. I am a porter: I was employed by Mr. Reeves, on the 3d of October, to put a box on board the Madras boy; I shipped it instantly on board the boy, in the presence of the commander, captain Pow, James Taylor , and the prisoner, John Davis .

JOHN POW sworn. - I am commander of the Madras boy; On the 3d of October, I perfectly well remember the last witness putting a box on board my vessel, in the presence of Davis, the prisoner, myself, James Taylor, and one Mr. Stiff, an officer belonging to the India-house; she lays near the bottom of Botolph-lane, Billingsgate; the box was put into the hold, there were five bars to lay over the hatches, to secure the goods in the hold, which are locked down; after they were locked down, Mr. Stiff carried the key away with him to the East-India office, where the key is always deposited; I left the vessel about six o'clock, this was about five; I left Taylor and the prisoner on board; the prisoner's duty was to sleep on board, to watch and see after the vessel, for the safeguard of the vessel; Taylor was a servant of mine, be had no orders from me to leave the vessel; the next morning, Thursday, the 4th, I went on board about half after nine o'clock; before I went on board, the prisoner came to me with the keys; the keys were brought to me as usual, wrapped up in cartridge paper, and sealed and directed; I understood that he had just come from the India-office, with the keys; I took them on board the Anna Indiaman , about four miles on this side Gravesend; we lay along side the ship all the Thursday, and did not begin to unload till the Friday morning, it was impossible the box could then have been removed, because the goods were locked down under five bats; I broke the seal open, and gave up my keys; I unlocked the hatches, and took out this box, and carried it upon the quarter-deck myself, and left it upon the capstern; the chief mate of the Anna was there, he was commanding officer; I took my receipt for it, and came back again.

Cross-examined by Mr. Knowlys. Q. When you delivered it on board the ship, the commanding officer at the time, gave you a receipt, and discharged you of the care of it? - A. Yes.

Q. That he did without any difficulty at all? - A. Yes.

Q.Therefore that discharged you of that part of the cargo? - A. Yes.

Q. How long has this man worked for you? - A. Three or four years.

Q. It was a situation of considerable trust - A. No; only as a working man; I never heard any thing against him before this.

Q. I believe he has a wife and a number of children? - A. Five or six, I believe.

Q. Did you not know, at this time, he was rather in arrears, and afraid of bailiffs? - A. I do not recollect that; I know I have relieved him when he has been low.

Q.During the time this India ship lay in the way in which you found her, a great many had access to the ship, had not they? - A. Yes.

Court. Q. Did the prisoner go on board the boy to this India ship? - A. No; he went down as far as Cuckold's Point, pretty near as far as Deptford, and then he left the boy, and said, he had got a son he wanted to bind apprentice, and should be glad if I could spare him.

Court. Q. Did you send the prisoner on that day for the keys? - A. I did not.

JAMES TAYLOR sworn. - I am servant to the captain; I was with my master when this box came on board, I saw it stowed in the after part of the vessel, on the larboard side, the prisoner was present at that time; Mr. Pow, and Mr. David Stiff, the surveyor, they were upon deck, to see where we stowed the goods; after it was locked up, I had had no victuals, I left the vessel at five o'clock, I did not return till between twelve and

one; I left John Davis on board, it was his duty to take care of the vessel, there was nobody else in the vessel while I was gone; when I came back, I found the vessel shifted to another tier, because another vessel was come in to load in her room; and when I went on board, John Davis was not there, there was no soul on board; but every thing was very safe, I looked to see.

Court. Q. The vessel was not moved to the other side of the river - she did not go over mid-channel? - A. No, only shifted from one tier to another; I went to seek for him at a public-house, the Dark house, in Dark-house-lane; I drank once with him, and then he and I went on board together, and went to sleep very quietly, till eight o'clock in the morning.

Cross-examined by Mr. Knowlys. Q. You were to have staid on board by your master's directions as well as Davis? - A. No, we took it by turns; we had the liberty to go on shore to get a pint of beer, but not to stay long.

Q. When you came on board, you looked and found every thing perfectly safe? - A. Yes; every thing locked down safe, fore and ast.

Q. You found him at the house that you generally use when you go to refresh yourselves? - A. Yes.

Court. Q. You expected to find him there? - A. Yes.

Court. Q. It was no uncommon thing, then, for him to go to that house to get some beer? - A. No.

Q. There was nothing singular in his going there? - A. No.

DAVID STIFF sworn. - Examined by Mr. Const. I am surveyor of the East-India-office: On the 3d of October, I was on board the Madras boy when William Coe brought a box on board, I saw it in the hands of John Davis , he stowed it below, and after that, I saw the hatches locked down; I took the keys on shore to our office, and there sealed them up, I put them on the desk; between five and six o'clock, John Davis came in for them, and, I believe, had them, I did not give them to him with my own hand; but I am pretty sure that I saw him in the office, I am not quite certain, we were very busy.

Q. What time do you open in the morning? - A.Sometimes at five, and sometimes at six; there is no regular hour.

Cross-examined by Mr. Knowlys. Q. Is it customary for them to call for the keys when the loading is complete? - A. Yes; we inspect them, and they are ready for them.

Q.Sometimes the master calls, and sometimes the man? - A. Yes; just as it happens.

Q.Therefore there was nothing more extraordinary in the man calling than the master? - A. No.

Q. These keys, when you take them into your custody in the office, are sealed up in a paper till they go to the ship? - A. Yes, that is the intention of it.

Q. And after the boy arrives at the ship, then the paper is delivered, and the seal broke by the commanding officer of the ship? - A. Yes.

Q. That is the regular course of business, that the commanding officer breaks the seal, and takes the keys, and the boy is not opened till then? - A. The hoy is not opened till then.

Mr. Const. Q. Did you see the keys after you suppose Davis had them? - A. The next morning I saw the captain of the boy, and I told him, Davis had got his orders and his keys; and he told me he had them.

Court. Q. How many seals do you put on? - A.One.

Court. Q. Where is the India-House seal kept? - A. It is kept in a drawer in the office.

Court. Q. Did the prisoner know where the seal was kept, and the manner in which this business was conducted? - A. I believe he did.

Q. So that if he had broke the seal he might have put another on? - A. Yes.

Q. There are many rooms about the office? - A. No, only two; one office above stairs, and one below.

Q. Are there fires in both offices? - A. Yes; the door of the office is left open for any body to go in, as occasion may require.

Q. And any person can go into any of the rooms of it? - A. To the lower office.

Q. Is that seal in the upper or the lower office? - A. The lower part.

THOMAS PAINTER sworn. - I am a publican, in Jacob-street, Bermondsey; I know the prisoner very well, I have known him three or four years; he has used my house, sometimes once a week, sometimes once a fortnight, just as he was at home, he belonged to captain Pow's boy; I saw him on the 3d of October, between ten and eleven o'clock at night, I was in bed and asleep when he came to my house; he said, I have got some things; I asked him what things; and he said, prize goods; I asked him what goods; and he said, plate; and asked me to let him leave them for two or three days, till he returned from Gravesend; I told him, he might leave them there and welcome; he pulled out spoons, forks, shoe-buckles, and breast-buckles; I told him to count them, that there might be no mistake when he came to take them away, and he put the number of each down in his pocket-book; I did not see what the numbers were, I was not out of bed; I asked him what he would have to drink; and he said, a shillingsworth of brandy and water; I desired my wife to put them away, and she put them away in a little box in the same room;

Davis sad to me, I want some money; says I, I have got none, money is very scarce; says he, I am going to Woolwich to morrow to bind my boy apprentice, and I have nothing but what I stand upright in, and I cannot go without money; he said, he was to have gone the next day with the boy, but he had got leave of his master to go to bind his boy, and he had got a man to go in his room with the boy; my wife came up with the brandy and water, and I desired her to look in the drawer and see what money she had got, and she and I, between us, made up ten pounds, and lent it him; he said, if I should want money, I might pledge them, but I did not pledge them; the last words he said, when he went away, were, if you can sell them for me do against I come back; I said, if I could I would; in about three days time, I called one Levi, a Jew, and fold him near eighty ounces of silver, it came to nineteen pounds nineteen shillings, at five shillings per ounce, the spoons and buckles.

Q. Were those spoons and buckles part of the the things you received from Davis? - A. Yes; two days after that, I think, the 7th of October, I fold as many goods to Fenham, a waterman, as came to 21l. at 5s. per ounce; he came again the next day, the 8th, and had the remainder of the spoons and forks, that brought me 32l. he took them hap-hazard, without weighing or any thing, just as they came; I then had left 2 pair of spoons, and 2 pair of buckles, which I gave to the Police-officer, when he came to me; in about ten days from the time Davis left the goods, he came to me in the afternoon, and asked me if I had done any thing with the goods; I told him, yes, I had sold part of them to Fenham, and part to another man, and if he would stop, I would give him the money; I went up stairs, and brought him 60l. and what he had had before, made 70l. I believe there were 761. and he gave me the rest, and asked me if I was satisfied; I told him I was, if he was, and he said, he was, for he did not expect so much money for them; he was to call again for the remainder of the things, which Riley, the constable, has now got.

Cross-examined by Mr. Knowlys. Q. I do not know, whether I dare ask you, if you are an honest man, that will be rather too hard for you, and therefore I will come to something else - what is your sign? - A. The Three-tuns.

Q.Pretty near the water-side? - A. Yes, in the day-time; because there is a thoroughfare through it.

Q. How long have you been acquainted with Fenham? - A.Two or three years.

Q. Who was the Police-officer that came to your house? - A.Riley and Elby.

Q. They were old acquaintances of your's, I believe? - A. I have known Riley many years; I knew him when he was an apprentice.

Q. This was not the first time that your house has been searched? - A.Never before.

Q. Were there never any lumpers taken out of your house? - A. No.

Q. Your friend, Fenham, is a little in trouble is not he? - A. No.

Q.Perhaps you might have stood once, where the prisoner now stands? - A. Yes, for stealing three or four pounds of sugar; I am not the worse man for having been acquitted, it was fifteen or sixteen years ago.

Q.Perhaps you never heard, that it is a common practice for the lumpers to bring sugar to the public-houses at the water-side? - A. They never brought any to me.

Q. You never heard of such a thing? - A. I may have heard of many things that I never knew any thing about.

Q. But lumpers never come to your house? - A. No.

Q. You swear that? - A. Yes.

Q. Were there never any lumpers came to your house? - A. Not with any property.

Q. There are a great many lumpers come to your house? - A. I have not had any lumpers, I suppose, these five or six months to my knowledge, without a strange man comes in and has a pint of beer.

Q. And you never receive any presents - a little sugar now and then? - A. Never.

Q. You never staid out of the way, perhaps, about this business? - A. Yes, I did.

Q. About this very business, did you? - A. Yes, I did.

Q. How long did you stay out of the way? - A. Seven or eight weeks, I believe.

Q. People were wicked enough to suspect you, perhaps, you had heard the officers were coming after you? - A. Yes.

Q. And you, like an honest man, staid out of the way for seven or eight weeks? - A. I had a very good reason for it.

Q. I do not doubt that at all, you are just by the water-side yourself? - A. Yes.

Q. Your friend, Fenham, keeps a boat, does not he? - A. Yes.

Q. You have been in a boat with him too? - A. Not these eighteen months.

Q. So you staid out of the way seven or eight weeks about this very charge? - A. Yes.

Q. This was the 3d of October, that you saw the prisoner? - A. Yes.

Q.How do you know it was the 3d of October? - A.Very well.

Q.Tell me why? - A. I generally look at the newspaper, and I can tell whether it is 3d or 4th.

Q. How do you know that the time this man came to your house was the 3d of October? - A. By making a minute of it.

Q. Did you make a minute of it? - A. I do not understand what you mean by a minute.

Q. Then how came you to use the expression? - A. I only go by the calculation of my head.

Q. Did you not tell me you made a minute of it? - A. I mentioned that word.

Q. Did you make a minute of it? - A. No further than in my head.

Q. Did you not tell my Lord, that you did not take any note of the day, when he asked you what day Levy called? - A. I said two or three days after.

Q. Then how do you know it was the 3d or 4th? - A. I am not particular to know whether it was or not.

Q. Will you swear it was earlier than the 10th? - A. Yes; I am very sure of it.

Q. By what means do you know it? - A. By my head; I never make any writing, or any thing of the kind.

Q. You never do make a minute in writing? - A. No; I can hardly write my own name.

Q. Then you will not swear it was the 3d, 4th, 5th, 6th, or 7th? - A. I will swear it was either the 3d or 4th.

Q. You have no other reason for knowing it, but your head? - A. No.

Q. When you were out of the way from the officers, you were at the house of a Mr. Kenyon, a flax-dresser, I believe, by Rotherhithe? - A. Yes.

Q. Upon your oath, were you not confined as a lunatic? - A. I was.

Q. So much for the strength of your head - you have been confined likewise, before that, in sits of lunacy? - A. I have, at home.

Q. When was it, that it was discovered where you were? - A.In three weeks, as near as I can tell.

Q.Can you tell me the day of the month when you were taken up? - A. No.

Q. Did not you make a note of that in your head too? - A. No; I do not particularly know the day, it was of a Saturday.

Q. Then, the only note you ever make in your head, is the 3d of 4th of October? - A. The 3d or 4th.

Q. You were taken up then? - A. No; I resigned myself up.

Q. Who found you out? - A. I sent to the officer, and resigned myself up.

Q. And then you fixed it upon this man? - A. Yes

Q. And let your friend, Fenham, out? - A. My friend, Fenham, was the first that gave evidence against me.

Mr. Knapp. Q. When you were tried at the bar of this Court, you were acquitted? - A. Yes.

Q. My leard Friend did not like to have the reason why you did not surrender yourself, now let us have the reason? - A. I sent to Mr. Baldwin, the secretary of the Duke of Portland, that I was willing to come forward, and he said it was of no use my coming forward, without I could find Davis, and Davis was apprehended in my house, at my instigation, and then I came forward.

JOSEPH LEVY sworn. - Examined by Mr. Const. Q. You know the last witness, Painter? - A. Yes.

Q. Where do you live? - A. In Tooley-street, in the Borough; I bought some plate of him, some time in the month of October; I bought some spoons and buckles of him, new, 79 ounces, 18 penny-weights, I paid 19l. 19s. 6d. for it.

Q. What became of them? - A. I sold them to different customers that came to my shop.

Q. You have sold them all, there are none left? - A. No.

Q. We cannot, through you then, get at any of these things? - A. No, I have sold them all.

Q. Perhaps, the next day? - A. No.

Q. Perhaps, since the examination? - A. No; before the examination.

Cross-examined by Mr. Knowlys. Q. I suppose Painter has a good deal of dealings in new plate? - A. I never had any dealings with him in my life before.

JOHN FENHAM sworn. - Examined by Mr. Knapp. Q. Do you know the prisoner? - A. I never saw him, till I saw him at Bow-street.

Q. Perhaps you know the honest gentleman who is just gone down, Mr. Levy? - A. No; I never saw him to my knowledge.

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

Q. Did you ever buy any plate of him? - A. I sold some for him in the beginning of October; some forks, some spoons, and some breast-buckles, I paid him at the rate of 5s. an ounce for them; I received from Mr. Windsor 661. I had sixpence an ounce for selling them for him; I sold them to Mr. Windsor, at 5s. 6d. an ounce, and I paid Mr. Painter all but the sixpences.

Cross-examined by Mr. Knowlys. Q. This plate you had in the county of Surrey? - A. Yes; in Jacob-street, from Painter.

Q. How long have you been acquainted with your friend Painter? - A. Two years.

Q. So he very kindly gave you sixpence an ounce to sell it for him? - A. Yes.

Q. So you, for the trouble of walking to Mr. Windsor's, had sixpence an ounce for selling this new plate? - A. I did not understand the value of it.

Q. But you understood the sixpence an ounce - you keep a boat, and now and then assist in un

loading West-India ships of sugar? - A. No, coals and other things I have.

Q. You never assist in unloading West-India ships? - A. No; I have attended on ships as a waterman.

Q. Do you know any persons of the name of Falkner? - A. Yes; I am accused of that now.

Q. Where are they now? - A. In Newgate.

Q. You are accused, perhaps, of going with them? - A. I am accused of lifting it up upon their backs, close to the ship.

Q. Do not you know that there are warrants out against you? - A. I am in custody already, I came here in custody.

Q. Perhaps you are committed to take your trial? - A. Yes, In the country of surry.

Q. And you and Painter have been cheek by jowl for these two years? - A. I do not know what you mean.

Q. When did you see him last? - A. I have not seen him these two months.

Q. No, because he has been playing at hide and seek? - A. Not for two months before that.

SOLOMON WINDSOR sworn. - Examined by Mr. Const. I am a dealer and chapman.

Q. Do you remember dealing with Fenham for any thing last October? - A. Yes, I do; some plate; forks and spoons, (I had no buckles), to the amount of between 60 and 70l.

Q. What became of those articles? - A. I sold them to one Mr. Abrahams, in a public coffee-house, where there were, I suppose, twenty or thirty people.

Mr. Knowlys. Q. You had these from Fenham? - A. Yes.

HENRY ABRAHAMS sworn. - Examined by Mr. Knapp. I live at No. 21, Bevis-Marks: I have known Mr. Windsor from a child; I bought some plate of him, I believe, about two months ago; Mr. Parker can tell best, because I sold them to him the next day, and he put them down in his book; there were a dozen desert-spoons, and 3 dozen, or 3 dozen and a half of silver forks.

Q. What Parker is this? - A. A Silversmith, in Fleet-street; all that I bought of Mr. Windsor, I sold to Mr. Paker.

Mr. Knowlys. Q. You had these from Windsor? - A. Yes.

THOMAS PARKER sworn. - Examined by Mr. Const. I am a silversmith, in Fleet-street: I bought, on the 9th of October, of Henry Abrahams, some forks and spoons, which I produced at Bow-street; I bought them in my own shop, in Fleet-street.(Produces a dozen of them).

Court. Q.Have you kept them separate ever since they were produced at Bow-street? - A. No; they have been exposed to sale in the shop, I have sold a great many of them.

Q. What since they were sworn to at Bow-street? - A. Yes, a great many of them; I understood from the Magistrate, I might sell them.

Q. Upon your oath, will you swear that? - A. Yes; I had no instructions then to keep them.

Cross-examined by Mr. Knowlys. Q. Is there any mark upon them by which they can be identified? - A. Every man must put his initials upon them, and a letter for the date of the year, before it goes to the Hall, and if it has not that mark, they will not stamp them.

Court. Q. Did you put these amongst others, or can you swear you bought them of Abrahams? - A. I can swear I had them from Abrahams.

JOHN RILEY sworn. - I am a police officer, at Shadwell: On the 23d of December last, I went to Painter's house, and received from him, two pair of desert-spoons, and two pair of buckles,(produces them); they have been in my possession ever since; I apprehended the Prisoner, on Monday, the 18th of December, at the Three Tuns, Jacob-street, Bermondsey, Painter's house; there was no conversation, the man behaved extremely well; I searched him, but found nothing upon him but a 2l. note.

Cross-examined by Mr. Knowlys. Q. Did not you search his house too? - A. Yes, about a month before, and found nothing.

Q. You know Fenham very well? - A. Yes; I have known him and Painter some years.

JAMES M'CULLAGH sworn. - Examined by Mr. Const. I am agent of Messrs. Scott, Fairly, and Lennox; they have no other partner, their names are David Scott, William Fairley , and William Lennox: I gave the order to Messrs. Urquhart and Hart, silversmiths, on Clerkenwell-green, for these articles of plate; they were to be delivered at Botolph-wharf.

Mr. Knowlys. Is there not another partner in India? - A. No; Scott and Lennox, in England, and Fairly, at Calcutta.

Urquhart. I know these are the forks that were made for David Scott and Company, from the 18th of August; I had been out of town before that; to the present time, we have made no forks but what were in that box; they have been made since the 6th of July, having the new duty mark upon them; my partner will prove that there were none made while I was out of town; these spoons I can speak to for the same reason as I have to the forks.

Mr. Knowlys. Q. What were made from the 6th of July to the 18th August, you do not know? - A. No.

NAPTHALI HART sworn. - Examined by Mr. const. I am partner with Mr. Urquhart, he was out of town from before the 6th of July to the 18th of August: These were made by us for Messrs. Scott and Company.

Q.Do you know whether you made any others of the same sort, and same mark, in every respect, since the new duty took place? - A. I am certain we never made a fork of that fort, with a bevelled edge, since the new duty took place, except these; and these spoons have been made since the new duty took place.

Court. (To Stiff.) Q.What time did you leave the office? - A.About fix o'clock, as nigh as I can recollect.

Q.What is the usual time of locking up the office? - A.Sometimes early, sometimes late.

Jury. Q.Is there any particular time for the boy-men taking away the keys? - A. No; it depends upon the tide.

Q. Do you lay the keys for anybody to come and take that pleases? - A. Yes; I have done my duty when I have sealed them up.

The prisoner left his defence to his Counsel.

GEORGE KENYON sworn. - Examined by Mr. Knowlys. I am a rope-maker, at Rotherhithe.

Q. Do you recollect Painter coming to your house? - A. Yes.

Q. How was he, as to his senses, when he was there? - A. He seemed very well when he came about nine week ago; but about two days, or upwards, he was quite delirious.

Q.Did you know him before, whether he was accustomed to fits of madness? - A. I did not know him before that time.

Cross-examined by Mr. Const. Q.What time was this? - A. On a Wednesday, nine weeks ago.

Q.Till then, he had been perfectly in his senses? - A. I cannot say, I did not find it out before; I cannot say that he was mad before, or not; but then I found him out to be very bad.

Q. What did he come to your house for? - A.He said he was in trouble, I believe, for arrest.

Q. Then he was not so mad but he wanted to keep out of the way? - A. He said it would be settled in two or three days.

Q. And it was not; and therefore he staid longer with you? - A. Yes.

Q. If he had gone home before, you would have thought him mad in earnest? - A. I know he was mad.

WILLIAM WALLER sworn. - Examined by Mr. Knowlys I live at Dock head.

Q.You are a medical man? - A. Yes; I have known Painter there thirteen years.

Q.During that time has he been subject to fits of insanity? - A. I never knew it till lately; I was sent for to him one day, he seemed to be in a strange confused state.

Q. When was this? - A.Some time in October, after he had left kenyon's; he was then at his own house.

Cross-examined by Mr. Knapp. Q. You have attended him for these thirteen years, and never attended him for any malady of this fort before? - A.Never.

Q. Did you hear that he was in trouble? - A. I did; but upon what account I did not know.

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

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980110-49

114. WILLIAM PHILLIPS and HENRY HUMPHREYS were indicted for feloniously stealing, on the 17th of December , 67lb of lead, value 5s. the property of Thomas Benning , fixed to his dwelling-house .

THOMAS BENNING sworn. - I live at Tottenham High-cross: About a week before Christmas I lost some lead from my premises; but I should not have missed it if lead had not been lost from the next door, that induced me to see if I had lost any; it covered a place over the door, supported by two pillars; the whole of the lead that covered that place was taken away.

WILLIAM WEBB sworn. - I am a watchman on the Tottenham-road; on the 16th of December, I was coming up the road between twelve and one in the night, I observed a man loaded with something on his back, I could not see what it was; he was going down the road from the High-cross, from the main road into another road.

Q. Was he coming in the direction as from that house? - A. Yes, he passed me; I went a little farther, and saw something lying under some pales, and a man laid down by it; I asked him what he had got there; he said, his bundle; I told him, if it was his bundle, to get up, and pick it up; I told him it appeared like lead, he said, it might be lead, or copper, it did not belong to me; I sent my wife for another watchman to come and assist me, she was with me at the time; then this other watchman came, William Cox, he is not here; when he came up, he asked the man if he knew him, he said, no; says he, you may know me, my name is Thomas Bruce; Cox said to me, let him go, I know him; I let him go, and then he went down the lane where the other man was gone, I took the lead up and carried it home, it was very heavy; when morning came, I shewed it to people, and asked them it they knew any thing of it, and afterwards, Mr. Brown, who keeps the sign of the Swan, said, he knew where it came from, he sent two men to fetch it away from my house.

Q. Was there more than one piece of lead? - A. No, one piece.

Q. Did you see it fitted? - A. No.

Q. Had you such an opportunity of seeing the man that passed you, to be able to say who it was? - A. No.

Q. Why is not Cox here to give an account of himself? - A. I do not know.

JAMES BROWN sworn. - I keep the Swan, at Tottenham High-cross; on Sunday the 17th of December, about ten in the morning, there was a report that somebody had been stopped with lead.

Q. Had you any company on the 16th, Saturday night, at your house? - A. Yes; it was pay-night, and Bruce, Philips, and Humphries, were all at my house, they came there about eight, Bruce and Philips were in the parlour, and Humphries in the tap-room; they went away about ten, I did not see them all three in company together, Philips and Bruce were settling with their master sawyer, for their pay, I saw no more of them that night, that I recollect; on the Sunday morning, I heard a report, that somebody had been attacked with lead, I had the care of a house that had been shut up for two or three days before; I went to look, and I missed some lead from a wash-house, adjoining Mr. Benning's; I stood by when one piece was tried, four or five days after; I do not know whether it came off there or not, the nail-holes seemed to come pretty right, the greatest part of it was cut in such small pieces, that it was impossible to fit it; I had the charge of the lead about an hour, and then they took it down to the Justice's.

Q. It was delivered to you by the watchman? - A. It was brought to my house, and then it was taken down to Justice Jenkinson, that was on the Sunday.

CHARLES TUCK sworn. - I am a carpenter; on Saturday night, the 23d of December, a constable came to me, Thomas Ashwell, and charged me to assist him to execute a warrant against the two prisoners; I went with him to the Swan, Phillips was there making a gathering for Bruce amongst the workmen, to take him something to Newgate, this was a week after the lead was lost; the constable and I, and two or three others, went into the taproom, he tapped Phillips on the shoulder, and said, you are my prisoner, he gave me charge of him, and took charge of Humphreys himself; Phillips said, he would not be taken by any body, and Humphreys declared the same; we had a scuffle for near half an hour in the tap-room and passage, one man paid me about the head, and the constable too, with a stick; I did not know who they were, but they seemed to be working people, who knew most of them; Phillips swore, he would do for me, several times in the course of the scuffle, so did most of them, they cried, knock them down, and do them; and soon after breaking the tap-room door, and the bar door, I got Phillips down in the bar, and I held him fast down with my knee, he begged that I would not hurt him; I told him, if he behaved well, I would not, and I let him try to get up; as he was getting up, he pulled this knife out, (producing it;) I began to pay him about the head, and one of my men took the knife from him; we then got him down, and tied his hands and legs, put him in a cart, and took him to the watch-house; the next night after they got there, there was an attempt to rescue them, and we were obliged to send to Enfield for the soldiers; Humphreys was secured at the same time that Philips was, by other people, and they were both taken to the watch-house at the same time; the soldiers were obliged to go with their drawn hangers to handcuff them, and they were obliged to use their hangers to bring them to town, there was such a number of people round them; I came part of the way to town with them, they made several attempts, both of them, to run away, while I was with them, and the people that were round them endeavoured to assist them as much as they could; I was present this day week, when the lead was fitted to Mr. Benning's house, I received it from the officer, Jonathan Trott, that was the lead found upon Bruce, there were 67lbs. 3qrs. of it; I tried it to the portico, at the back part of Mr. Benning's house, it had been nailed up against the wall, the nails had been drawn out with the lead, except one which was a large spike, and the lead exactly fitted; I can safely take my oath, that that lead came from Mr. Benning's premises, the officers, Trott and Holmes, have got the lead.

Q. When you went to apprehend them, was any thing said of what they were apprehended for? - A. No, nothing; I went in with the constable, and he gave me charge of them; while I was scuffling with Phillips in the tap-room, I told him, we wanted him for being concerned in taking the lead that was found upon Bruce, and then they got worse.

Cross-examined by Mr. Knapp. Q. The violence of their conduct encreased, after they found there was a charge of felony against them? - A. Yes.

Q. What are they? - A.One is a wheelwright, the other a blacksmith, they had both worked in my yard that day, till between five and fix o'clock, not for me, but I gave them leave to work for a neighbour, in my yard.

Q.This is a house very common for workmen to be paid at? - A. I never pay any men at a public-house, and I can only speak for myself.

Court. I wish every master would follow your example.

JONATHAN TROTT sworn. - I am a constable, I was not applied to till the 24th of December; Holmes had a charge of them on the 23d.

JOHN HOLMES sworn. - I am a constable: On

Saturday night, the 23d of December, I was directed to apprehend the two prisoners, and to get Trott to assist me, but I could not find him that night; I did not see the prisoners till they were in the cage, they were delivered to me in the cage; I fetched Trott to assist me to handcuff them, on the Sunday morning; they resisted, and we were obliged to go to Enfield for a file of soldiers. (Produces the lead).

Trott. Webb, and the other watchman, brought this lead down to the watch-house.

Holmes. I put my mark upon it.

Webb. I put my mark upon it the morning after I found it; this is the same lead.

Tuck. This is the same lead that I tried upon Mr. Benning's premises.

THOMAS BRUCE sworn. - I am a sawyer: On Saturday night, the 16th of December, I was at the Swan drinking with a young man, about nine o'clock at night, and Humphreys came in, and had a pint of beer and a pipe of tobacco; he desired me to go with him to the front door, which I did, and he told me he knew of some lead, and wanted me to help to carry it; I would not go at first, and we went into the parlour again, and stopped about half an hour longer; then Phillips and I had a glass of gin at the bar, and as we were going out, Humphreys came up and had a glass of gin, and then I went with them both to the bottom of an orchard belonging to Mr. Smith the butcher; Phillips told me to stop there, and he would bring the lead to me; I saw them go up the orchard, they were about an hour and a half getting it all; they both came back to me three times with lead; I took it from them over a ditch, and then all three of us took it to a place by the side of a lane; then Phillips put a piece upon Humphreys's shoulder to take down the lane, and another upon mine; I heard the watchman coming, and I threw my piece down; Humphreys went down the lane before me; the watchman came up, I was standing about two yards from it, I was never lying down at all, I told the watchman I did not know what it was; he sent for another watchman, and he knew me, and they let me go about my business, and I saw no more of them; I was taken up on Sunday morning, the next day.

Q. Do you know Mr. Benning's house? - A. Yes; the orchard is about fifty or sixty yards from it; I did not see where they brought the lead from, nor they did not tell me they stole it.

Q. But you had pretty good reason to suspect it? - A. No, I had not.

Q. Why did you throw it down when the watchman was coming? - A. I did not know rightly how it was, whether I came honestly by it or not.

Q. How came you to tell him you did not know what you were carrying? - A. I did tell him so.

Q. Do you mean the Jury to believe that you did not know it was lead that you were carrying? - A. I did not know rightly whether it was lead or copper.

Q. But Phillips had told you that he knew of some lead? - A. Yes; I told the watchman I believed it was lead.

Cross-examined by Mr. Knapp. Q. You gave exactly the same account before the Magistrate that you have told now? - A. Yes.

Q. Upon your oath, do you mean to swear that? - A. Yes.

Q. You were committed the next day to Newgate? - A. No, on the Wednesday; I was in the cage till then.

Q. How often did you see Mr. Tuck while you were in the cage? - A. Not at all.

Q. How often in Newgate? - A. Once.

Q. What did he come to you in Newgate for? - A. He came to see me; and I thought it would be best to tell him, and I told him the whole truth.

Q. You were committed for trial for this offence? - A. I don't know whether it was for trial or not, I thought I was to go down to have another hearing.

Q. Which tells the truth, you or the watchman; you say you were standing still, and he says you were lying down? -

Webb. He was lying down, leaning over the lead; I fell down over his feet, or I should not have seen him.

Court. Then it was something between the two.

Phillips's defence. I know nothing of the lead; when Mr. Tuck apprehended me, he pulled out a pistol, and caught me by my silk handkerchief that I had round my neck, and I thought he would have choaked me, and I pulled out my knife to cut the handkerchief.

Humphreys's defence. What Bruce says against me is all false; I neither saw him nor was I with him all that night.

The prisoner Phillips called two, and Humphreys five witnesses, who gave them a good character.

Both NOT GUILTY .

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

Reference Number: t17980110-50

115. WILLIAM PHILLIPS and HENRY HUMPHREYS were again indicted for feloniously stealing, on the 17th of December , one hundred weight of lead, value 8s. the property of Richard-Caleb Morrison and Sarah Morrison , fixed to a building of their's .

RICHARD- CALEB MORRISON sworn. - This day fortnight I was upon the premises that were robbed, it is an old building that, I believe, was

made use of for a wash-house, or something of that sort, it belonged to me and Sarah Morrison; I missed the lead at that time.

WILLIAM WEBB sworn. - I am a watchman on the road: Between twelve and one in the night of the 16th of December, I saw a man with something on his back, he put it down, he said it was his bundle; I examined it, and told him I thought it was lead, I asked him what he did there; he said he had as much business there as I had; I sent for another watchman, William Cox, and he said he knew him, his name was Thomas Bruce, and then I let him go; the next morning, Mr. Brown threatened me, if I did not take him, he would put me in the cage; and then I and the constable went and took him, and he was put in the cage.

Cross-examined by Mr. Knapp. Q. This person you saw with the lead, was a person of the name of Bruce? - A. Yes.

Q.Bruce was the person that gave evidence last night? - A. Yes.

Q. He was the person who was committed to Newgate for this offence? - A. Yes.

JAMES BROWN sworn. - I keep the Swan, at Tottenham: On the 16th of December, in the evening, Bruce and Phillips were in company together at my house, in the parlour, and Humphreys was in the tap-room; Bruce and Phillips went away about ten o'clock, they came in about eight; I cannot say whether they went away together or not; on the Sunday morning, there was a report that somebody had been stopped with lead; and I having the care of Mr. Morrison's house, about 200 yards from my house, I went to see if all was safe, I had seen it the Friday before; I sent two or three men to look after the lead, it was cut into small pieces; they found some in a garden, and some in a field adjoining, and some of it was put into a tool-bag; Bruce was taken up, and committed to Newgate; and on the Saturday after, Mr. Tuck, and some others, came to my house, I heard; and Mr. Tuck gave me charge of Humphreys, while he took charge of Phillips.

Cross-examined by Mr. Knapp. Q. Did you use this wash-house yourself? - A. No; I only bought the fixtures and things of the garden, the week before, and Mr. Morrison left the key with me.

Jury. Q. Did it appear to be fresh cut? - A. Yes.

Mr. Knapp. Q.Were you present at the examination, when Bruce was before the Justice? - A. Yes; he was committed to Newgate.

CHARLES TUCK sworn. - I am a carpenter: I was called upon to execute a warrant against Phillips and Humphreys; they have both worked for me a long time; they made very great resistance; during the scuffle, I told them what I apprehended them for; the constable tapped Phillips on the shoulder, and said, he was his prisoner; and then every body in the room assisted them; one man beat me about the head with a stick; the scuffle lasted about half an hour; we at last secured the prisoners, and took them to the cage; I had got Phillips down, and he asked me to give him liberty; and I said, I would, if he would behave like a man; he then drew his knife; we got him down again, and tied his hands and legs, and put him into a cart; in taking them to London, they made several attempts to run away; they were guarded by soldiers, and the people attempted to rescue them; I tried the lead that was produced last night, and it fitted the premises.

Cross-examined by Mr. Knapp. Q. You did not find this lead at all? - A. No.

Q. Last night Bruce was examined? - A. Yes.

Q. The prisoners were acquitted last night? - A. Yes.

Q.Humphreys had worked for you? - A. Yes.

Q. Then I will venture to ask a question of you that would be hazardous in some cases-Did he not bear a very honest character till that time? - A. Yes.

JOHN HOLMES sworn. - I am a constable: I was sent for to apprehend the prisoners, but they were taken before I came there; they were given to me in charge after they were in the cage; I brought Bruce to the New-Prison, and Trott brought the others to Newgate.

JONATHAN TROTT sworn. - I am a constable: On the 24th of December last, I was fetched by Holmes, and when I came to Phillips, he swore he would not be handcuffed; he put his hand in my face, and said, d-n your eyes, if I ever get my liberty, I will remember you, for if you had not made yourself quite so busy in going to see whether the lead came off there or not, Bruce never would have been committed, and they never should have been caught.

Cross-examined by Mr. Knapp. Q. This expression of Phillips's was made use of after Bruce's apprehension and commitment? - A. Yes.

Q. You mentioned that expression last night, I dare say? - A. I had not time, the Judge thought proper to order me down, and had Holmes up to examine first, and I was never called up again.

Q. Is there any one here that heard that expression besides yourself? - A. I cannot help that.

THOMAS BRUCE sworn. - I was at the Swan, at Tottenham, on Saturday, the 16th of December, drinking with a young man, and Phillips came in, and called for a pint of beer and a pipe of tobacco; he told me, he knew of some lead, and asked me to carry it; I went down with him and Humphreys into an orchard; Phillips told me to wait there, and they would bring it to me; they brought it to me, and I took it over a ditch, and then all three of us

took it to another place by the side of a lane: Phillips put a piece of it upon Humphreys's shoulder, to carry down this lane, and another piece upon my shoulder; I heard the watchman coming, and I threw down the lead; I told him at first, I did not know what it was, and afterwards told him it was lead.

Cross-examined by Mr. Knapp. Q. You were fully committed to Newgate for trial? - A. Yes.

Q. How soon after were you good enough to give this account - how soon did your conscience smite you? - A. I was in Newgate two or three days, and then Mr. Tuck came to me, and as I was drawn in, I thought I had better tell the truth.

Q. How came you to tell the watchman, at first, that you did not know what it was? - A. I was not certain.

Q. Did not he tell you it was lead? - A. He said he knew of some lead.

Q. Do you not, by coming here, save yourself from being tried? - A. Yes.

Phillips's defence. I know nothing at all of the lead.

Humphreys's defence. I know nothing at all of it.

The prisoner Phillips called three, and Humphreys five witnesses, who gave them a good character.

Phillips, GUILTY (Aged 26.)

Humphreys, GUILTY (Aged 21.)

Transported for seven years .

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

Reference Number: t17980110-51

116. WILLIAM SKILSBY was indicted for feloniously receiving, on the 24th of November , goods, of which John Wheeler and Thomas Hall had been convicted of burglariously stealing . (The Jury having been all challenged by the prisoner, a third Middlesex Jury were sworn).

William Thompson,

Hugh Shaw ,

Richard Lewis ,

John Lowe ,

John Rocking ,

Robert Proctor ,

Benjamin Hopkinson ,

William Kent ,

Thomas Yorden ,

Joseph Callender ,

John Barker ,

Joseph Cooper .(The record of the conviction of Hall and Wheeler read).

ALEXANDER SYME sworn. - I live at the Star and Garter, Kew-bridge; Richard Dean lives in the house with me: On the 23d of November, I went to bed at near upon twelve o'clock, and got up a little after eight; when I got up, I found the shutter of the larder-window broke, I had fastened them all about eleven o'clock; there were two panes broke, one was taken entirely out, the panes were, either of them, large enough for a person to get in by; I had left a rump of beef raw, part of a round of beef drest, a loaf of sugar six pounds weight, a large piece of cheshire-cheese, a large carying-knife, and a brass pound-weight, these things I know to have been all there; the next morning, the other things were missed out of a basket.

Q. How far is the Star and Garter from the Little King's-Arms? - A. I suppose three quarters of a mile, that is pretty near the middle of the town, before you come to the Market-place.

MARTHA NICHOLS sworn. - I had been at the Star and Garter as a nurse; I went to bed before twelve o'clock the night of the robbery, I had been in the larder about ten o'clock, I carried a counterpane in there, froze hard with the frost, a table-cloth, and in a separate parcel, a flannel petticoat, a flannel bed-gown, three muslin night-caps, two muslin neck-cloths, one muslin handkerchief, two night shifts, one left, and the other taken, another counterpane, dry, and some glass cloths, I cannot say how many; I got up about half past six in the morning, and went into the larder, I found two of the shutters and the window broke, the first thing I missed was the frocks, connterpane, and table-cloth, and then I missed all the rest of the things, except four knife cloths, and one night shift, the rump of beef was gone, and part of a neck of mutton, a loin of mutton, a piece of boiled beef, two apple-pies, a large piece of cheese, and a loaf of sugar.

JOHN GURNEY sworn. - My daughter and her husband keep the Little King's-arms, at Brentford, his name is George Jenkins.

Q. How far distant is the house of the prisoner from the Little King's-arms? - A. A passage parts them only, he is what they call a broker, and deals in cloaths.

Q. Does he deal in furniture? - A. No, only in linen and such things; John Wheeler , Thomas Hall, and Thomas Wheeler were there on the 23d of November, towards evening; they went away about half past nine, or thereabouts; I saw them again the next morning at near about eight o'clock, and asked for a pint of purl, and they talked of having some breakfast; one of them went out, and came in again, with something wrapped up in a piece of brown paper; they asked me for a two-penny-loaf, some knives and forks, and a dish, they put a piece of a buttock of beef into the dish, and eat it, there might be about three pounds of it, and then they went away.

THOMAS WHEELER sworn. - John Wheeler is my brother, and I know Thomas Hall, I was with them at the Little King's-Arms, at Brentford, eight or nine weeks ago; we left the house about half an hour after nine o'clock at night, or near ten; we walked about till half past twelve, or one; and then we went to the Star and Garter, at Kew-

bridge, with a rasp and a soldering-iron, to get the shutters down with.

Q. Who took them down? - A.Thomas Hall, and I, and John Wheeler stood by; Hall broke one of the squares of glass, and took out a rump of beef, a loin of mutton, and a neck of mutton, and a piece of beef that was drest, and almost a whole cheese; a sugar-loaf, two apple-pies, a carving-knife, a brass weight, two counterpanes, one bed-gown, I believe flannel, a petticoat, and a tablecloth; then we came away, and took the things to Mr. Skilsby's, that was about half past one in the morning; we knocked him up, somebody came to the door, but I cannot say who it was; I was standing by the corner of the house, just by the door.

Q. Was it a man or a woman? - A. I cannot say.

Q. You could not see the person at all? - A. No; John Wheeler and Thomas Hall took the things, I staid outside; it was about a quarter of an hour before they came out.

Q. Did you see them come out? - A. Yes.

Q. Did any body come to the door with them? - A. I did not see any body with them.

Q. Then, from the time you went to the door, till the time they came out, you did not see any body? - A. No.

Q. How long did they wait before they got in? - A. About ten minutes; they went in directly as the door was opened.

Q. Did you ever see these things in the house of Skilsby? - A. No.

Q. Then, except from what the others told you, you do not know whether Skilsby had them or not? -

Court. Gentlemen of the Jury, this evidence certainly does not go far enough to bring it home to the prisoner, and he must be acquitted.

NOT GUILTY .

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

Reference Number: t17980110-52

117. SARAH VINCENT was indicted for feloniously stealing, on the 16th of December , a pair of linen sheets, value 12s. two pair of cotton stockings, value 3s. a checked apron, value 6d. three linen frocks, value 4s. two cotton bed-gowns, value 6d. two diaper table-cloths, value 3s. two linen handkerchiefs, value 1s. a cotton handkerchief, value 6d. two linen towels, value 6d. a linen petticoat, value 6d. and a cotton bed-quilt, value 6d. the property of Richard Bignell .

ELIZABETH BIGNELL sworn. - I am the wife of the prosecutor: The prisoner took the things from a little girl as she was taking them to the mangler's, on the 16th of December.

JEMIMA SELBY sworn. - I was taking the things to Mrs. Morris's to be mangled, between nine and ten o'clock; I went in next door of an errand, which is a lodging-house, and Sarah Vincent was coming down stairs with a sheet in her hand, and she told me not to shut the door, for she was coming in again presently; I put my things down in the passage, I stopped with Mrs. Newland about three minutes; when I came into the passage again, there was nobody at all there, and the things were gone.

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

JAMES CAPEL sworn. - I am a watchman: I apprehended the prisoner between eleven and twelve o'clock at night, on the 16th of December, with the things in her apron; I had an information that they were lost, and I stopped her, and took her to the watch-house; she said they were her own clothes.

VALENTINE ROMLEY sworn. - I am a watch-house keeper, (produces the things); I had them from the prisoner at the bar; I put down every article upon a piece of paper; they have been in my possession ever since, except a few hours last Saturday, when they were in the possession of the watchman.

Capel. I returned the things to Mr. Romley exactly as I received them from him.

Romley. I asked her how she came by them; and she said she lived with a washerwoman just by the Haymarket, and had been to the mangler's for them.

SARAH MORRIS sworn. - I keep a mangle: All I know is, that I delivered them safely to the child; I live at No. 36, New Compton-street, very near St. Giles's; Mrs. Newland lives next door to me.(The property was produced, and sworn to by Mrs. Bignall).

Prisoner's defence. I know nothing of it.

GUILTY (Aged 29).

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

Tried by the third Middlesex Jury, before Mr. Justice HEATH.

Reference Number: t17980110-53

118. WILLIAM LEIGH and ESTHER BRENTON were indicted, the first for feloniously stealing, on the 26th of December , three wooden firkins, value 1s. and 160lbs of butter, value 6l. 9s. the property of Edward Savage , and the other for receiving two wooden firkins and 112lbs of butter , the property of the said Edward.

EDWARD SAVAGE sworn. - I am a cheesemonger , in Houndsditch: On the 26th of December, I sent my carman, Joseph Jones , with some butter; I know nothing of the robbery myself.

JOSEPH JONES sworn. - I am carman to Mr. Savage: On the 26th of last month, I was sent to

carry some butter in a one-horse cart, between five and six o'clock; I was in the cart driving it; I had eight firkins of butter in it, I was going to Drury lane; I saw them all in the cart at the end of Long lane , and I missed three firkins when I got into Smithfield ; I did not see any body take them; the tail board was hanging down, and the iron pins were gone; and I turned my horse round towards Long-lane, to go back again.

Cross-examined by Mr. Alley. Q. You saw the firkins in Long-lane? - A. Yes.

Q. That is in the City of London? - A. Yes.

Q.Smithfield, we all know, is in the City of London? - A. Yes.

Q.Might not the pins come out by jolting upon the rough stones? - A. No; it is impossible.

Q. It being an open cart, if any body had come and taken the firkins out of the cart, you must have seen them? - A. No; I did not see them.

Q. What weight might they be? - A. Half a hundred each.

JOHN BECKHAM sworn. - I am a patrol; on Tuesday the 26th of December, I was going down Cow-cross, between five and six in the evening, I saw three men running down with firkins of butter upon their shoulders, there were three, I am sure, there might be more than three, they were coming from St. John's-street; I called at a house in Cow-cross, to call my partner Coltman, we both ran down Cow-cross, to the corner of Benjamin-street, they were then out of sight; we turned up Benjamin-street, and went through Falconer's-alley, one end of Falconer's-alley came into Cow-cross; I turned my head round, and looked down Sharp's-alley, and saw a man running along with a tub upon his shoulder, he was about thirty yards from me; he turned down Jacob's-court, and we ran down Jacob's-court after him, and saw a door open, we ran in there, and into the fore room, the door was open, there were four men in the house; I saw two tubs standing in the corner of the room, and one of the men was knocking one of the tubs to pieces, the woman at the bar was in the room, blowing the fire, I asked her whose property those were, and I think she said, they belonged to her, I will not be certain; I was rather afraid of myself; because I had not a cutlass, nor a stick, I believe she said it belonged to her, I cannot be certain; then they all asked us to drink, and she amongst the rest, I told her I would not drink any thing; three of the men then went out, the other man was the prisoner at the bar, he remained in the room; my partner went out after the other men, and left me with the prisoners, I secured them and the butter.

Q. Can you say, that the prisoner was one of the men that you saw running with the firkin upon his shoulder? - A. No.

Q. What sort of a court is this? - A.There is only that one house inhabited; I had known the woman before for these six or seven years, she has lived about the parish these six or seven years.

Q. Did you not know that she lived in this house? - A. I knew she lived that way, but I did not know she lived in that house; she is a disorderly woman upon the town, I have seen her go into the court several times.

Q. How long had that court been deserted? - A. About a week or more; Coltman came back, and we took the two prisoners to the watch-house.

Cross-examined by Mr. Alley. Q. Is Long-lane in the City of London? - A. Yes.

Q. Is not this court in the City of London? - A. No; in St. John's parish.

Q. Do you know that as a fact? - A. Yes.

Q. You saw but three men? - A.There might be more.

Q. And the three men, when you went into the room, ran away? - A. Three of the men ran away; I do not know that they were the same men.

Q. This was a momentary pursuit, and they went in at the first door that was open? - A. Yes.

THOMAS COLTMAN sworn. - Beckham called me, and I went after him to see for these men; I went with him down Cow-cross, toward's Sharp's-alley, and he had lost sight of them; we went into Falconer's-alley, and then we turned to the right-hand out of Falconer's-alley; I saw a man coming out of Sharp's-alley, and turned to the left-hand, towards Jacob's court, he had a tub upon his shoulder; we went down Jacob's-court, and crossed over the street after him; we turned down Jacob's-court, and there was a door open, and we went in, we lost sight of him, I suppose, for a yard and a half, or two yards, so that I did not see him go in, the passage door was wide open, the parlour door was not shut, but put to; we went into the room, there I saw four men, a woman, and two firkins of butter; I asked the woman whose property that was, there was a man knocking one of them to pieces, he had got two or three of the hoops off, and the head was dropped in upon the butter; she made a reply, that it was her's, and she said, d-n it, let us have some gin; I said, I did not want any, I had got a shilling, and if I wanted gin, I could buy some for myself; I proceeded towards the butter that stood at the corner of the room, and three of the men went out, I went out after them, and was knocked down by a brick-bat, or stone, or something of that kind, I suppose it to be a brick, it came from a man who stood about a yard and a half, or two yards from the door; when I went out, on the right-hand side, there was no lamp in the court, but one at the end of it; I got up again, and called out to my partner, to detain the two prisoners that were in the room, and seeing

no more of them, I came back again, and went into the room; my partner took the man, and one of the firkins of butter to the watch-house, and left the woman and the other firkin in my custody.

Q. Was it the prisoner that was knocking the firkins to pieces? - A. No, it was one of the three that went out; we have got the butter in our possession now. (Produces it.)

Savage. These are my firkins, they have my mark upon them, S. A. in a circle.

Court. Q. All your firkins are marked in the same way, I suppose? - A. Yes; but there is a chalk mark upon the back of these, they were going to two different houses, one is marked with a D, and the other with an I, I think.

Q. Did not you mark them yourself? - A. No; I saw my man mark them, I am sure they are mine.

Q. What butter was it? - A.York butter.

Court. (To Coltman). Q. Did you know the woman prisoner? - A. Yes.

Q. Did you know where she lived? - A. I did not know where she lived at that time, I believe there were no other inhabitants in the court but herself; she was the servant, I believe, of the man who rented these houses before.

Jones. These are part of what was delivered to me by my master.

Coltman cross-examined by Mr. Alley. Q. Did not you ask whose house it was? - A. No; the first question we put was, whose property that was.

Q. Where did that poor boy at the bar stand? - A. Just opposite the door; the person that was working at the butter I knew very well; the prisoner, at Hatton-garden, said, that he had heard a noise, that the patrole were gone in, and he went in to see what was the matter.

Q. The poor man might have run from the house if he had pleased? - A. I do not know but he might, if my partner had not come back again.

Prisoner Leigh's defence. Coming home on Tuesday evening, I saw this woman standing at the corner of Jacob's-court, she caught hold of me, and asked me if I would give her any gin; I said, I would; I gave her one shilling to go for some gin; while she was gone for the gin, in came these three people with the firkins of butter; these two patroles followed them in at the same time; they ran out directly, and I never saw them after; the three men stood some time talking to the patroles before they made their escape.

Brenton's defence. I cannot say how the butter came into my place, I know nothing at all about it.

JOHN HARDING sworn. - I belong to the Court of Requests of the City of London: I know every part of the City, and a great part of the County; the whole of Cow-cross is in the County of Middlesex.

Leigh called four, and Brenton one witness, who gave them a good character.

Both NOT GUILTY .

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

Reference Number: t17980110-54

119. EDWARD ROUND and DANIEL PAYNE were indicted for feloniously stealing, on the 29th of December, a wooden chest, value 3s. and three planes, value 2s. the property of a certain person or persons, to the Jurors unknown.

The prisoners, who were soldiers , were stopped by the patrole, with the property, on the 29th of September, at seven o'clock in the evening, but there being no evidence to shew whose property it was, they were Both ACQUITTED .

Tried by the third Middlesex Jury, before Mr. Justice LAWRENCE.

Reference Number: t17980110-55

120. ELIZABETH HILLIARD , alias COX , was indicted for feloniously stealing, on the 20th of December , an iron vice, value 5s. the property of John-Frederick Madder .(John- Frederick Madder was called, but not appearing, his recognizance was ordered to be estreated).

NOT GUILTY .

Tried by the third Middlesex Jury, before Mr. Justice HEATH.

Reference Number: t17980110-56

121. JOHN CUNNIFORTH and THOMAS TAYLOR were indicted for feloniously stealing, on the 12th of December , an iron grate, value 30s. belonging to William Rolfe , fixed to a certain building of his, and fixed to a dwelling-house .

The Act of Parliament, upon which the indictment was founded, describing pallisades, gates, and railing, but the thing in question being neither, but a grate, the prisoners were Both ACQUITTED .

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

Reference Number: t17980110-57

122. ROBERT RICHARDS and WILLIAM THACKER were indicted for that they, in the King's highway, on the 30th of December , in and upon Lyon Backrow , did make an assault, putting him in fear, and taking from his person, and against his will, a half-guinea, a seven-shilling piece, one shilling, and a sixpence , the monies of the said Lyon.

LYON BACKROW sworn. Q.What is your business? - A.Getting a shilling as well as I can, by going of errands. On Saturday, the 30th of December, in the evening, between six and seven o'clock -

Q. Was it light or dark? - A.Moonlight. I had a summons to deliver to Mrs. Richards.

Q. Is that any relation to the prisoner? - A. His wife, I am told; I went to the bar, and delivered it to Mrs. Richards.

Q. At what bar? - A.In the Fleet-prison.

Q. What sort of a summons do you mean? - A. For wearing hair-powder without having a licence. When I was coming out again, I heard somebody cry, stop him, stop him; I did not know what they meant; and immediately they seized me by the collar -

Q. Who took you by the collar? - A. Mr. Richards, that man there; he said I must come back along with him; and I refused, I said, what for; says he, you shall come back, and you shall see what for; and I refused again; and he catched hold of me by the collar; I refused going back; and several more came up to assist him; he dragged me, against my will, along through the passage, till I came to a place where there were some stone steps going into a yard; I said, Mr. Thacker knew me, that was that gentlemen there; and Mr. Thacker said, yes, I know him to be a d-d informer; they took me to the pump, and pumped upon me for three or four minutes, as long as they thought proper, and I resisted.

Q. When you say they, do you mean the prisoners? - A. Yes, both of them; Mr. Richards never left my collar; after they had done pumping upon me, I do not know who it was, but somebody threw a pail of water over my face; my clothes were all torn; my breeches were almost torn from me, and my waistcoat was tore to pieces; I missed out of my pocket, all the money I had, a half-guinea, a seven-shilling piece, one shilling, and a sixpence.

Q. And you charge these prisoners with taking your money? - A. Yes.

Q.Did you find any of your money upon them? - A. No.

Q. Is that all you have to say? - A. Yes.

Court. Gentlemen of the Jury, There is an end of this indictment; it was very improper conduct, but cannot possibly be the subject of an indictment of this sort. From the circumstances of this case, it appears very plain what they were about, by the expression, informer, and their conduct may be punished in another way; there was clearly no intention of taking his money; his money, very probably, might have dropped from his clothes.

Both NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980110-58

123. GEORGE CLAYTON was indicted for feloniously stealing, on the 3d of January , six pounds weight of tea, value 2l. 2s. the property of Thomas Clark .

JACOB HUGHES sworn. - I am porter to Mr. Figgins, book-keeper to the Wiltshire waggon: Last Wednesday was a week, I saw the prisoner come into the yard of the White-swan, Holborn-bridge , the waggons belong to different people that come there, Mr. Figgins is the book-keeper; the prisoner looked about one side of the yard, and then he went and looked about the other side of the yard, where there was a number of goods laid, ready to be loaded in the waggon; I saw him come back with a paper parcel in his hand, he stopped about half way up a narrow passage, and wrapped the parcel up in a leather apron that he had before him, then he turned himself round, and was going out of the yard; I went and stopped him; I asked him what he was going to do with that parcel; and he said it belonged to him; I told him it did not belong to him; I took him and the parcel back to Mr. Clark's Waggon-office, in the yard, Mr. Clark is the proprietor of the waggon; I delivered him to Mr. Butterworth the book-keeper.

GEORGE SMITH sworn. - I am servant to Messrs. Butcher and Tuck, grocers: On Wednesday, the 3d of this month, I was sent with a parcel to the Swan Inn, Holborn-bridge; I delivered it to the book-keeper of Mr. Clark's waggon, I don't know his name, it was directed to Ann Mullins, Devizes; I should know it again if I were to see it, it contained six pounds of tea.

RICHARD BUTTERWORTH sworn. - I am bookkeeper to Mr. Clark's waggon; I was not at home when the parcel came to the yard.

JAMES BUTTERWORTH sworn. - In the absence of Mr. Richard Butterworth I received a parcel of tea, on the 3d of January, from George Smith, directed to Ann Mullins, Devizes; it was put among other goods in the yard, it was brought back again to the warehouse by the prisoner, and he was brought back by Hughes; I entered it in the book, the entry is my own writing; (reads the entry,)"Ann Mullins, one parcel, Devizes." I delivered it to Mr. Richard Butterworth when he came in.(The parcel produced).

JOHN OSBORNE sworn. - I am a constable: I was sent for to apprehend the prisoner, I took charge of him and the parcel; I had the parcel from Mr. Butterworth.

Smith. This is the same parcel.

Prisoner's defence. I leave it to the mercy of the Court.

GUILTY (Aged 61.)

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

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980110-59

124. CLEMENTINA CUTHBERT was indicted for feloniously stealing, on the 6th of January , a pair of men's leather shoes, value 5s. the property of John Kaines .

JOHN KAINES sworn. - I am an India engine-weaver , No.8, Bird's-court, Phillip-lane, London-wall : On Saturday, the 6th of January, the prisoner came to the house of Mr. Morgan, where I lodge, for a pair of shoes; the prisoner came into the room to sell some tobacco; Mr. Morgan told her he could do nothing for her, as Mrs. Morgan was not at home; she came back again, in about ten minutes, and said she would leave the tobacco, and call to-morrow; in about an hour afterwards, I missed the shoes; I went about to see if she had offered them to pledge, and I found they had been offered at the corner of Wood-street; I found the shoes at Mr. Dobson's, in Chiswell-street, which is better than half a mile from our house; my wife is a shoe-binder, and they were a pair of new shoes that were left to be bound, I am answerable for them; they were lost out of the landlord's room, my wife had been at work there, and left them.

THOMAS DOBSON sworn. - I am a pawnbroker, No. 35, Chiswell-street, (produces the shoes); I took them in; they were pledged by a man of the name of James Cooper , the prisoner came with him, and took part of the money, I never saw her before to my knowledge; I am sure she is the woman, it was about six in the evening of Saturday the 6th of January.

WILLIAM SMITH sworn. - I am servant to Mr. Parker, a pawnbroker: On Saturday the 6th of January, the prisoner came to offer me a pair of shoes, about seven or eight o'clock in the evening, but knowing her to be a suspicious character, I would not take them in; to the best of my knowledge, these are the shoes.

JOSHUA HENDERSON sworn. - I am a servant to Messrs. William and Joseph Chamberlayne, in Cheapside: The shoes in question belonged to them, I gave these shoes to the prosecutor's wife to bind, on the 4th of January; I know them by the marks, W & J C. inside of them, with their size and number; I delivered them to Mrs. Kaines.

Kaines. My wife is very bad, I expect her to be in bed when I go home; I saw these shoes in Mr. Morgan's room, I had them in my own hand about seven o'clock that evening; nobody else had been in that room.

Prisoner's defence. I met with a man who asked me to have a glass of gin, it being a cold night; and then he asked me to take these shoes into Mr. Parker's to pledge, and they would not take them in, he said his name was James Cooper; and then he asked me to take them to Mr. Dobson's, which I did, and pledged them; I have never seen the man since.

GUILTY (Aged 43.)

Confined three months in Newgate , and fined 1s.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980110-60

125. ROBERT MILES was indicted for feloniously stealing, on the 17th of December , 144 copper buttons gilt with gold, value 3s. 6d. 144 copper buttons plated with silver, value 12s. 144 base metal buttons plated with silver, value 2s. and thirty-six yards of silk ferret, value 4s. the property of Thomas Carpenter , Thomas Ashness , William Boyden , and George Ashness .(The case was opened by Mr. Jackson.)

GEORGE ASHNESS sworn. - Examined by Mr. Jackson. We are warehousemen , our firm is Thomas Carpenter , Thomas Ashness , William Boyden, and myself: In consequence of a suspicion I took stock on Monday the 11th of December, and again on Sunday the 17th of December; I then missed two particular grosses of buttons, one of which I afterwards found upon the prisoner; I only took an account of that part of the stock that was most likely to be purloined; the prisoner was our porter; I concealed myself in a room adjoining to his bed-room, and through an aperture in the wainscoat which divides the two rooms, I observed him to take a parcel, or parcels, I believe there were two, from his box, those he deposited in the window-seat while he dressed himself, it was Sunday morning; when he had dressed himself, he put them in his coat-pocket, and went down stairs to his dinner; he came up about half an hour afterwards into his own room again, I was in the next room concealed all the time; he again opened his box, and took from it sundry articles of plate; he then went down stairs, I followed him, I rung the bell, and he was sent in to me; I asked him what he had to do with plate, indeed, I told him the situation I had been in, and what I had seen; he told me he came honestly by them, or some such answer; I told him my suspicions, and that, if he was an honest man, which I hoped he would prove himself to be, he would not object to let me see what he had about him, and what was in his box; he refused, and I sent for Church, the constable, he searched him, and in his coat-pocket were found the three gross of buttons charged in the indictment; there are only two gross that I can identify, they are the same kind of articles that I missed upon checking the stock; the gross of plated coat-buttons had the number 5391 in the writing of the manufacturer; I had particularly remarked those figures when I took the stock; there was only a gross and a half of that sort of buttons at the time

I took stock on the 11th of December, and when I checked it, there was but half a gross left, and there had been no buttons of that description sold by us; there was a gross of small gilt buttons found upon him, of which the white outside paper was torn off upon which the number was affixed, and it remained in brown paper only; to the best of my belief, that was the gross that I missed, I have no doubt of it; the others are a kind of button that we have a great many of, I cannot identify them; I sent for a constable, and the prisoner said, he could give an account how he came by them.

Cross-examined by Mr. Knowlys. Q. This was on a Sunday morning? - A. Yes.

Q. And you spent the morning in posting your books, and taking stock? - A. Yes.

Q. I believe you were kind enough to take the plate out of his box? - A. The constable took it with the rest.

Q. You had lost no articles of plate? - A. No; they were afterwards returned to him.

Q. You were afterwards kind enough to stop a box of his, down at Wapping? - A. Yes; and that was returned to him.

Q. He told you he could give an account of these articles? - A. Yes; and I told him I was satisfied they were my property.

Q.Therefore that stopped all further explanation? - A. Yes.

Q. I believe you first of all accused him of coming dishonestly by the plate, and then he grew rather crusty, and refused to be searched till you sent for a constable? - A. He did.

Q. Did it ever come to your knowledge that the prisoner was a dealer in goods of this sort? - A. No; I never knew that he had kept a shop of any description; I have heard it since, and I had reason to believe it, from invoices being found in his pocket of tea and hats.

Q. You never happened to hear that he dealt in buttons? - A. No, never.

Q. This manufacturer is, I dare say, entirely engaged in manufacturing for you? - A. By no means.

Q. And this mark is the manufacturer's mark, and not your's? - A. It is not our's, but the manufacturer's.

Q. Do you mean to say, that you had not sold these articles by any person in your shop in the course of that week? - A. I mean to swear that no such article has ever been accounted for.

Q. You have two partners? - A. They do not interfere at all in the conducting of the business, I conduct it myself, with Mr. Boyden, who travels for the house.

Q. And will you, where a man stands in the perilous situation in which the prisoner stands, swear positively to these goods? - A. I only swear to the best of my belief.

Q. How long had the prisoner been with you? - A. A month and two days.

HENRY CHURCH sworn. - Examined by Mr. Jackson. I am a constable; I was called in to search the prisoner, I found these buttons in his coat pocket, (produces them;) one of the parcels I found loose as they are now, there was a number upon one parcel 5391; I searched his box, and found some plate in it, which I kept till the Lord-Mayor ordered me to deliver it up to him again.

Cross-examined by Mr. Knowlys. Q. Did Mr. Ashness give you charge of the plate? - A. Yes, or else I should not have taken it.

Q. Was there a blanket? - A. Yes.

Q. Any sheets? - A. No.

Q. Any bed furniture, or curtains? - A. No; there were some calico.

Q. Does Mr. Ashness ever deal in calico? - A. No.

Q. There was a pocket-book, perhaps? - A. Yes.

Q. And, perhaps, a Bank-note? - A. Yes, of 10l. and two guineas.

Q. Perhaps, he expected a box from Scotland? - A. Yes.

Q. He went after that too, perhaps? - A. Yes, by order of the Lord-Mayor; but it was not taken away till his wife went to fetch it with a letter from his Lordship; it was never brought before his Lordship, only an account taken of the things in it; I was sent by the Lord-Mayor to search it.

Q. And after searching it narrowly, you let it all go? - A. Yes.

Q. You found a great many articles of trade? - A. Yes.

Q. And bills of parcels? - A. I do not recollect seeing any bills of parcels, every thing was returned to him except the buttons. (The buttons were produced in Court, and deposed to by Mr. Ashness.)

MARK SAUNDERS sworn. - Examined by Mr. Jackson. I am the manufacturer of these buttons, this is my own number in my own hand-writing; I have sold a great many to Mr. Ashness.

Cross-examined by Mr. Knowlys. Q. You are a very extensive manufacturer of buttons in Birmingham? - A. I do not manufacture a great many.

Q. That is an extreme common pattern? - A. It is a pattern much in request.

Q. How many thousand gross do you think you have sold to other people? - A. I never manufactured thousands of this pattern.

Q. Some hundreds, I dare say? - A. Yes.

Q. And then they have got distributed from those persons, to other persons in London? - A. Very likely.

Q. You have some left still in your warehouse, of the same pattern, and tied up in the same way? - A. Yes, exactly.

Q. Therefore, you could not positively swear, that these are not your's? - A. No.

Mr. Jackson. Q. Is the prisoner at the bar one of your correspondents? - A. I never saw him before.

The prisoner left his defence to his Counsel.

For the Prisoner.

SIMEON STAINES sworn. - I am a footman; I have known the prisoner four years; when I first knew him, he was a labouring man, and lived with a gentleman, who was brother to my master; after that, he came to London, and lived with a gentleman in the city, for two years.

Q. Did he ever carry on any business in London? - A. Yes; I have sold him buttons, my brother is a button-maker in Birmingham, and he sent me up some buttons, which I sold to the prisoner, he bought at one time, three gross, and three pair of buckles.

Q. Who do you live with now? - A. Mr. Jasper Atkinson, in Aldermanbury.

Cross-examined by Mr. Jackson. Q. Who did he live with in the City? - A. Mr. Slack, a merchant in King-street.

Q. How long ago is that? - A.About three years.

Q. The buttons that you sold him three years ago, would not look very fresh if they were to be produced now? - A. Yes, they would.

Q. Did he keep a shop? - A. I do not know; I know his intention was to deal in these things.

Q. What kind of buttons were those that you sold him? - A. White metal and gilt ones; I sold him some fourteen months ago, and they were white metal.

Mr. Knowlys. Q. Your brother being a manufacturer in Birmingham, you sold these buttons to serve him? - A. Yes.

Q. Did you sell him such a number, that they must have been more than his own private consumption for cloaths? - A. Yes.

The prisoner called three other witnesses, who gave him a good character, and deposed that he dealt in various kinds of goods.

GUILTY (Aged 30.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980110-61

126. HENRY FOREMAN was indicted for feloniously stealing, privately, from the person of Joseph Lord , on the 31st of October , a black leather pocket-book, value 2s. a Bank-note, value 30l. a Bank-note, value 5l. another Bank-note, value 5l. six Bank-notes, each of the value of 2l. and one Bank-note, value 1l. the property of the said Joseph.

JOSEPH LORD sworn. - At the time of the robbery, I lived at No. 73, Berners-street, Oxford-street: On the 31st of October last, about eleven o'clock, I went out to buy a callendering-press, and at the bottom of Meard's-court, in Wardour-street, I met George Wilson, James Tarver , and the prisoner; I did not know the prisoner, but I knew the other two very well; Wilson asked me to give him a glass of something to drink, he had got no money in his pocket; he said, he treated last, when I was at such and such a place; I had been unfortunately confined for a small debt for six months; I only came out on the 21st of October; he said, he had treated me there.

Q. Had he treated you there? - A. He had; it touched my feelings, and with that I told him, I would be glad if he would call upon me at my lodgings, for I was in a great hurry; he said, he had no money, and wished me to treat him and his friends; I went with him into Mr. Cummings's wine-vaults, the corner of Little Pulteney-street , and called for a shilling's worth of rum and water; we went into a little room where there was no one but ourselves; some one of the three, I don't know which, fetched in a pot of ale directly, and then another pot was brought in, then there was a third pot of ale came in; I asked them, what they were about; I did not mean to get drunk of a morning, nor yet of an evening; I told them, I had felt so much where I had been confined before, in the Marshal-sea, and as I had received a small legacy upon the death of my wife's mother, I hoped then to make a better use of it than to spend it, or throw it away in any foolish manner whatever; I laid down two shillings upon the table, with intent to pay the shot, but it was not sufficient; I took out my pocket-book, and looked over what notes I had got; there were one Bank of England note of 30l. two 5l. notes, six 2l. notes, and one 1l. note, and there was a note that I had advanced 20l. to learn the business of my intended partner, Mr. Chandler, and a receipt for 15l. for goods I had bought; when I had looked them over, I put my pocket-book in my left hand pocket, and buttoned it up; I went out to make water, but before I went out, I asked the prisoner's name, as he was a stranger to me; we had been talking about cleaning some clothes; he said, he had some that wanted cleaning, a pair of pantaloons and a waistcoat; I told him, that we should be glad to serve him; he said, his name was Foreman, and that his mother lived housekeeper to Lord Grosvenor, in Grosvenor-square; when I returned into the room, Wilson said, Mr. Lord, you had better sit down by the side of Mr.

Foreman, as you were full of discoursing before you went out; I had been fitting at a table by myself at the farther end of the room, when I counted my notes; I sat down then next to the fire, and then Wilson went out; Tarver went out before that; Foreman directly moved, and sat down by me upon the same bench, he sat close to my left-hand pocket, where my pocket-book was; Foreman then said, he thought the ale did not agree with him, he said, he had got a purging upon him; he begged leave to pass me; he passed me by the corner of the table, and stopped about two or three minutes; he returned, opened the door, and peeped in, but did not come in; he went away without saying a word to me; the landlord came in almost instantly, and in about five minutes I missed my pocket-book; nobody else had been into the room at all; I immediately exclaimed, my God! I am ruined; I went out and looked each way, to see if I could see any thing of them, but could not; and then I went to Bow-street; I saw no more of any of them for five weeks, within one day; and then I saw the prisoner, and took him, at a broker's, in Kent-court, Berwick-street, I had received information that he was there; I took a watchman with me, we went up stairs, and found him lying on the bed, about nine o'clock in the evening, he had his hat on; I looked under his hat, and said to the watchman, this is my prisoner; he said, he would go with us; he was taken to St. James's watch-house, and the next day, we had him up to Marlborough-street; I asked him, going along, how he could do such a thing as to take my pocket-book, and he said, that was no place for examination, and he should not say any thing further about it; I have never found my pocket-book or notes since.

Cross-examined by Mr. Knowlys. Q. Had you any note or bill of exchange due to you, besides the 53l. that you say you have lost? - A. No.

Q. Then I take it for granted, you never have said to any body, that you had lost 120l.? - A. I never said any thing of the kind.

Q. Did you never ask 120l. of any body to indemnify you for your loss? - A. I never did, upon my oath.

Q. Did you ever give in 106l. as your loss? - A.Receipts and all amounted to 106l.

Q. Did you never ask 106l. to indemnify you? - A. No.

Q.There was nobody else in the room at any part of the time, but these three men and yourself? - A.There were no more, except the landlord and landlady coming in and out.

Q. It was after you had looked over the notes, that he told you his name was Foreman? - A. Yes; he told me a very great story to say that his mother was housekeeper to Lord Grosvenor.

Q. Lord Grosvenor has more houses than one, we all know-Don't you know that he gave you his real name? - A. I have not a doubt of it.

Q. Did you not say before the Magistrate; that when Foreman returned into the room, he observed to you that Wilson and Tarver were gone away, and then he went away? - A. No, I did not say so; he never came in at all.

Q. You expected to be the pay-master for this liquor that was called for? - A. Yes.

Q.Therefore there was no occasion for them to wait to pay the reckoning? - A. No; I was treating them in friendship as I thought, little thinking they meant to rob me.

Q. You took up this man on the 3d of December, and he was not committed for trial till the latter end of December? - A. He was not.

Q. Mr. Chandler, who was to have been your partner, is here, is he not? - A. Yes.

Q. You have occasionally given him accounts of this business? - A. Yes.

Q. Do you know a relation of Wilson's of the same name? - A. Yes; he called upon me the next day after I was robbed, at my own lodgings.

Q.Do you know a person of the name of Foreman, a relation of the prisoner's, who lives at the Tower? - A. Yes; I saw him before I came in.

Q.Did you never say it was Wilson who robbed you? - A. No; I have said, he was certainly the instigation of my being robbed, but I never said he was the man that robbed me.

Q.Did you never say, you did not know who had robbed you, and that you only knew you had the money before you got there? - A. I never did.

Q.You called upon Foreman, in the Tower? - A. Yes; he keeps the Golden-chain public-house.

Q. Did you never tell him, if he would come forward and advance 25l. or guineas, you would take care not to appear? - A. I never said any thing of the kind.

Q. Did you not go a second time, and say to Foreman, if he would advance fifteen guineas, you would say no more about it? - A. I did not.

Q. Had you a constable with you? - A. Yes; his name is Kennedy.

Q.Did you not shew him a warrant? - A. The constable did.

Q. Did you not tell him, if he did not advance money, you would take Foreman up? - A. No, I did not.

Q. Did he not send you away, telling you you were a couple of bites, and he would have nothing to do with you? - A. No; he spoke very short and saucily to us, and we walked off, we had no right to be talked to in that manner, we went there in hopes of finding the prisoner.

Q. Did you never say, that you were determined you would not lose all the money, for you would have 40l. or else you would hang this man? - A. I never did; for I believe there is nothing to be had about it.

Q. Do you know Sarah Lettin? - A. Yes; her husband has been with me several times, and wrote several letters upon the business.

Q. Did you never say so to her? - A. No.

Court. Q.Wilson is an old acquaintance of your's? - A. I have known him three or four years; he is now in the army accoutrement line, I had no suspicion, I looked upon him as a reputable man.

Q. Was kind to you when you were in distress? - A. Yes; Tarver was journeyman to Wilson.

Q. What took you to Foreman's relation in the Tower? - A There had been a great number of people at my lodgings about it, to settle it.

Q. Did you go there with an intent to take mone from him? - A.Nothing of the kind, I took a constable with me, in hopes of taking him there.

RICHARD TERRY sworn. - I am a boot and shoe-maker, No. 10, pitt-street, Tottenham-court-road; Foreman lodged with me about half a year, I had some letters from his uncle.

Q. Have you had any from the prisoner? - A. No; he went away from me on the 7th of November, he was away for eleven days, and when he came back, he had a watch and a horse.

JOHN CHANDLER sworn. - I am a calico-glazer; I know nothing at all to affect the prisoner, any more then Mr. Disney coming to make it up.

Jury. (To Lord.) Q. Are you sure you had the pocket-book, when you returned out of the yard? - A. I am very sure I had it when I returned; I am very subject to put my hand to my coat-pocket, when I have any property in it.

The prisoner left his defence to his Counsel.

CHARLOTTE ROBINS sworn. - Examined by Mr. Knowlys. I live at No. 16, Duke's-court, Drury-lane.

Q. Do you know Mr. Lord? - A. I have seen him several times; the first time I saw him was in the Marshalsea-prison.

Q.Did you ever hear him say any thing about the loss of his money? - A. Yes; I heard him say, that he had lost a sum of money in a public-house, in Wardour-street, or Berwick-street, I don't know which; he said, he had lost his pocket-book out of his pocket; he said, there were three men in company with him, and he could not tell who took it; he said, he felt one Mr. Wilson to unbutton his coat, he said, as he had got Henry Foreman , he would go round to all his friends, to see if they would make up his money, rather than lose it all, he would take 20l. sooner than hurt either of them.

Cross-examined by the Court. Q.Where was it that you heard him say this? - A. At Sarah Lettin 's, No. 17, Stewart's-rents, in the morning of the day that he took Foreman at night.

Q. How do you know he took him that night? - A. I was in the house when he was taken; Sarah Lettin , is my sister, and I was there to see her.

Q. What brought Lord there? - A. I don't know; he came there very frequently.

Q. How came you to be at the house where the prisoner was taken? - A. I knew the people, and I went to see them.

Q. Your visit was not to Foreman? - A. No, to the people in the second floor.

Q. What time was it that he was taken? - A. About six o'clock.

Q. Did you know that he lodged there? - A. He did not lodge there; he was up there when I went in, I had known him a long while.

SARAH LETTIN sworn. - Examined by Mr. Knowlys I live in Stewart's-rents; the prosecutor came backwards and forwards to my apartments, I have heard him say, he could not tell who robbed him, he could not tell that it was either Wilson, Tarver, or Foreman; he said, he had his money before he went into the public-house, and he missed it when he came out; I heard him say, he believed Wilson to be the man who picked his pocket, for he felt his hand in his pocket; he said, likewise, that he had known him to be a very bad, base man, he had been a journeyman of his, and he had found him out to be a very wicked man, only, he said, as Foreman was in the company, he knew his friends were people of credit, and he thought, if he took him up, his friends would come forward and settle the matter; he said, he had been to Wilson's friends, and told them, that the money he had lost was 120l. I asked him why he informed me before that it was only 53l. he said, because he thought he should get his 53l. back, and a little more to make up his lost time; I have repeatedly heard him say, that if he could not do the prisoner Foreman over, at Marlborough-street, he would be sure to do it at the Old-Bailey, as he should bring forward plenty of witnesses, and if he was hung, he should be sure to have 40l. towards his 53l. he said that repeatedly.

Cross-examined by the Court. Q. What are you? - A. I am a poor man's wife, my husband gets his bread, sometimes being with an attorney, in term time, and at other times, any thing he can get to do in an honest way.

Q. What attorney is he with? - A. He has been with Mr. Johnson, in the New-inn, Mr. Humphreys, and Mr Yates, in Cook's court, Carey-street.

Q. What do you do towards your living? - A. I

do not do any thing but mind my family, it is not in my power, I have three children.

Q. How long have you been acquainted with Mr. Lord? - A. I believe it is about six weeks since I first saw him.

Q.What brought him to your house? - A. He came to my house continually to see if he could find out Wilson and Tarver.

Q. Do you know them? - A. No; I never saw them in my life.

Q. Did you tell him you did not know them? - A. Yes.

Q. How came he to repeat his visits at your house then? - A. I do not know; he was very riotous at our house.

Q. How often have you had conversation with him upon this subject? - A. I cannot say how often, he has repeatedly come to my lodgings; he has said, that he was very sorry that he had taken up Foreman, because he believed Wilson was the man; but he thought Foreman's friends, being people of credit, would come forward.

GEORGE FOREMAN sworn. - I keep the Golden-chain public-house, in the Tower; my brother is the prisoner's father.

Q. Do you know Mr. Lord? - A. I know a gentleman who answered to the name of Lord, that is the man, (pointing to him); he is in a different dress; he called upon me two Sundays running, about four or five weeks ago, before my nephew was taken up; the first time he came alone, and asked me if my name was not Foreman; I said, yes; then he asked me if I had not a nephew in the Supplementary Militia; I told him I believed I had, I had been informed so, but not knowing the truth of it, I could not say; he told me he had been in his company, and had lost a pocket-book with Bank-bills, and Bank-notes, and Bills of Exchange, to the amount of one hundred and twenty pounds; and, to the best of my recollection, he asked me what was to be done in it; he said, if he could get but twenty-five pounds he would say no more about it; I said I would advance no money upon any such pretences; he said, he had been offered ten pounds more than he had lost, and had refused it, I believe that was all that passed that evening; he came again the Sunday following, with an elderly gentleman who said he was a constable, and they asked me what was to be done in the business, for they meant to take him up; the elderly gentleman shewed me a piece of paper like a warrant, I was apt to think it was an old warrant, or a sham matter, because it was all over dirt.

Q. Did you read it? - A. No, they would not let me; Mr. Lord then offered to take fifteen guineas; I told him I would not advance any thing; Mr. Lord told me then he should persevere; I wanted to know the reason why the other people that were in the room with him were not taken up as well as Foreman; and he said they were absent, not to be found; and that if I, or some of my family, did not come forward, he should take him up.

Cross-examined by the Court. Q. Have you known much of this nephew of your's of late? - A. I have not seen him, above once or twice, these six months.

Q. You did not know he was in the supplementary Militia? - A. I had heard so, but I could not believe it.

Q. What way of life was he in? - A. An apprentice to a cabinet-maker.

Q. What was his master's name? - A.Dowling, in Lambeth-marsh; he had been apprenticed about four years.

Q. Do you know any person of the name of Disney? - A. No.

Q. Then, of course, you never gave any such person authority to settle the matter, and desired him to apply to you? - A. Never.

Q. Nor any one else? - A. No.

The prosecutor was then called up again, and interrogated as to the several expressions sworn to by the witnesses for the prisoner, all which he positively denied.

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

GUILTY (Aged 22).

Of stealing, but not privately .

Transported for seven years .

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

Reference Number: t17980110-62

127. JAMES WELLS was indicted for feloniously stealing, on the 6th of January , a bushel of oats, value 3s. the property of Richard Baxter .(The case was opened by Mr. Knowlys.)

JOHN WESTON sworn. - Examined by Mr. Knowlys. I am bailiff to Mr. Richard Baxter, a farmer , at Stanwell, near Staines : the prisoner was a labourer employed by Mr. Baxter; he was what we call a tasker, working task-work; he was threshing wheat in the barn adjoining that barn where the oats were; we had missed oats several times.

Q. Were they in sacks, or in a heap? - A. In a heap; I missed the oats from there being a hole in the heap, of about a bushel, or such a matter as that. Last Friday week, about half past four in the afternoon, they had then done their day's work, I met the prisoner about half a mile on the high road, towards his own house, he had a bundle of straw upon his back, and I ordered him to lay it down, that I might look into it; he looked at it, and said it is very clean, and took some straw from

the bundle; I said, that was not what I was looking after, this is what I am looking after, and I took out a bag, which contained a little better than a bushel of oats; he said he did not know any thing about it.

Q. Did the bag of oats weigh more than the bundle of straw? - A. Yes.

Q. Could a man have a bag of oats in a bundle of straw without knowing it? - A. No; the oats that I found in the bag were of the same kind with those we had in the barn.

GEORGE HURST sworn. - Examined by Mr. Knowlys. I am a labouring man, I work for Mr. Baxter; I know nothing of the taking of the oats.(Produces the oats that were taken from the prisoner, and a sample of those which remained in the barn).

The prisoner did not say any thing in his defence.

GUILTY (Aged 25).

Publicly whipped , and discharged.

Tried by the first Middlesex Jury, before

Mr. RECORDER.

Reference Number: t17980110-63

128. JACOB LYONS was indicted for feloniously stealing, on the 28th of December , a silk cloak, value 12s. the property of Catherine Thomas .

CATHERINE THOMAS sworn. - I was a servant out of place , I lodged at No. 30, King-street, Drury-lane , the prisoner came there with a box of sweet things on his head: On Thursday the 28th of December, between eleven and twelve o'clock, the landlady of the house bought threepennyworth of sweet things; she went out for a weight, and left me with the prisoner, he stood with his back against the drawers where the cloak was, I did not miss the cloak till after he was gone out, I had a suspicion of him; I went out, and saw him running in the street; I called out stop that man, he has got my cloak; he turned his face and looked at me, and then he ran away; he was stopped, and brought back, and I saw the string of the lace hanging out of his coat pocket; and I took the cloak out of his pocket myself.

Cross-examined by Mr. Alley. Q. Are you sure this was your own cloak? - A. Yes.

Q. There had been some dealing between you and the prisoner about some old clothes, and the cloak among the rest, I believe? - A. No.

Q. Have you not been to see him in prison? - A. Yes.

Q. And had five shillings of him as a part of the money for your cloak? - A. No.

Q. Do you know Sarah Martin ? - A. No.

Q. Do you know Judith Cohen? - A. No.

Q. Do you know Frances Samuel? - A. No.

Q. Did not you get five shillings from a friend of his? - A. I borrowed five shillings from a man to go into the country with.

Q. Did you not tell the prisoner, when you saw him in the prison, that the cloak was sold unknown to you; and if he would give you two guineas you would not appear? - A. No; they offered me two guineas; - I was surrounded with Jews so, that I did not know what I was about.

Q. You never saw the man before that you had the five shillings of? - A. No.

Q. What did you go to the prison for? - A. I went to see the prison, and among the rest I saw the prisoner; he said, he hoped I would not be too hard.

Court. Q. What country-woman are you? - A A Welch-woman.

Q. How long have you been in town? - A. Four years.

Q. Upon your oath, did you go to the jail in hopes of getting any money for your cloak, or was it mere curiosity to see the jail? - A. Mere curiosity to see the jail; I had never been there before.

Q. Did you ask to see the prisoner? - A. No, I did not; I put my head through a hole and saw him, I said, that is him, I know him.

Q. You say you were surrounded so that you did not know what you were about was that in the jail? - A. Yes.

Q. Was any body with you? - A. Yes; the Jews.

Q. Where did you first meet the Jews? - A. In this Court, when I came to appear against the man.

Q. Was it at the instigation of the Jews about you, that you went into the jail? - A. Yes, it was.

JOSEPH BELL sworn. - On the 28th of December, I was at No. 35, Brownlow-street, Drury-lane, I heard the cry of stop thief, I ran out and met the prisoner plump in the face, I laid hold of him, he had a box on his head; I delivered him immediately to a person of the name of Glover, and left him; the prisoner is the man; he desired me to let him go.

WILLIAM GLOVER sworn. - I am a coach-smith: On the 28th of December, I saw the prisoner come running up King-street, he passed me, and Mrs. Thomas directly came running after him, she cried, stop thief; I ran after him, and he ran down Brownlow street; Mr. Bell was at his master's door, and I called out, stop that man; he stopped him, and gave him to me; I said, you must come back; he said, "don't put nothing in my pocket;" then Mrs. Thomas came up, and she said, the prisoner had stole her cloak; she said, there are the strings hanging out of his pocket; I saw her take it out of his pocket; she said, it was her property; and he was taken before a Magistrate, and committed.

Mr. Alley. Q.Had you been in her house that morning? - A. No, I had not.

Mrs. Thomas. This is my cloak, I bought it ready made.

Q.There are a great many of the same sort? - A. Yes.

For the Prisoner.

FRANCES SAMUEL Sworn . - Last Saturday I came here to give the prisoner a character, and I went into the prison to see him; I have known him many years; he had a great many people sitting drinking with him, and among the rest was Mrs. Thomas; I talked to her a good deal, and said, it was a pity, as the young man had a wife and child, to hurt him; and she said, she would not, if she had two guineas to carry her to Bath; there was a gentleman along with me, who said, he could not afford to give her two guineas, and he gave her five shillings, his name is Jacob Levi , he is not here, he keeps a chandler's-shop, in Woolpack-alley, Houndsditch; she thanked him, and said, she was going to Islington, and that would bear her expences on the sunday, and if she could get the rest raised against the Monday morning, she would not come again: On the Monday morning, she came with Mr. Glover, one of her own witnesses, to Mrs. Martin, in Petticoat-lane, for the money, and she said, if she had the two guineas, she would not hurt him; I was not there.

Court. Then you must not tell us any thing about it.

Witness. I have entrusted him with great property; he always bore a good character.

Mrs. Thomas. I only borrowed the five shillings and I have a witness in Court that saw me pay it again on the Monday.

Q. Were you drinking with the prisoner? - A. No; I was not; they offered me beer, but I would not drink; I did say, I would not wish to hurt him, I wished he was cleared.

Q. Did you say you were going to Islington, on sunday, and if they would raise two guineas, you would not come again? - A. No, I did not; I borrowed five shillings to go to Islington, and paid it again on Monday.

Q. Did you ever promise not to prosecute him, for two guineas? - A. No.

Q. Did you ever promise not to prosecute him, for any money? - A. No.

Q. Did you say any thing about going to Bath? - A. I said, I would go to Bath as soon as the Sessions were over to see my husband's friends.

SARAH MARTIN Sworn. - My husband is a baker in Petticoat-lane; Mrs. Thomas came to my house on Monday morning with Glover, she was at the corner of Petticoat-square, at a wine-vaults, and three or four more people with her, they were coming to try to get money from the prisoner's frineds, I stepped to the door to see what was the matter, it was just fronting my door, I asked them to step into my house, the other people that were with her were all Jews, I said, you are not going against the man, and she said, she did not wish to go against the man, if she could have two guineas to go to Bath, she would not wish to hurt him; I said, I don't think they will trust you with the money, they will be afraid, and Mr. Glover said, if they are afraid to trust her with the money, let them pay the coach for her, and see her safe in bed, and then they will be sure of her; they said, they could not give the two guineas till the young man was cleared; she said, she would not do that, she would run her chance, and she should be paid her expences, and that would be as much as the two guineas; the prisoner lived in my house, on and off, fourteen or fifteen years, I never heard any harm of him, he has left me about two years; I had seen Mrs Thomas the same morning all he prisoner's mother's along with Mr. Glover; I told her, she should not have taken the 5s. towards making it up, it was not a right thing, and she said, she would give it them back again, I told her, I did not think they would take it backnow.

Court. (To Mrs. Thomas.) Q. You have heard what this woman has sworn? - A. Yes.

Q.Is it true or false? - A. It is not true.

Q.Did you or not, offer to make it up for two guineas? - A. I did not, she has sworn false about the two guineas, and about taking five shillings in part.

Court. (To Glover.) Q. You have heard what that woman has sworn - did she, or not, offer to make it up for two guineas? - A. They said, she had offered to make it up for two guineas, I cannot say whether she did, or not, I was at the door the greatest part of the time there is a Jew, called Aby, comes our way, crying bad shillings, and he called Mrs. Thomas out; I saw her going after him, and I went to see where she was going, he took us to his house, he said, the trial will not come on this morning; he took us to the prisoner's mother-in-law, and then to Mrs. Martin's, they were telling her she had offered two guineas to make it up, and she said, she did not wish to hurt him, but if she did make it up, she could not think of stopping in London; I told her, if she did any thing unknown to Bell and me, we should come upon her for our time that we had lost; then we came away, and Aby with us Aby said, i don't see that you will come to any terms, I will ask the woman for my 5s. that I lent her, and I saw her give him the 5s. back again.

JUDITH COHEN sworn. - I have known the prisoner about six or seven years, he is an honest hard working man, he has worked for me five

or six years, he has always borne a very good character.

GUILTY (Aged 23.)

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

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

Reference Number: t17980110-64

129. JOHN WHEELER , THOMAS HALL , and WILLIAM SKILSBY were indicted, the two first, for feloniously stealing, on the 17th of November , a boiling copper, value 10s. belonging to Alexander Wells , fixed to a certain building, and fixed to his dwelling-house, they having no title, or claim of title thereto , and the other for receiving the same, knowing it to be stolen .(There being no evidence to prove the stealing of the copper, the prisoners were ALL three ACQUITTED .

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

Reference Number: t17980110-65

130. MICHAEL MACKDEW was indicted for feloniously stealing, on the 28th of December , a saw, called a frame saw, value 7s. the property of William Thurgood .

WILLIAM THURGOOD sworn. - I am a timber-merchant ; I lost a framed saw on the 28th of December, I had seen it that morning, my man saw him go away with it, he was stopped and apprehended, the saw is here.

GEORGE FRENCH sworn. - I saw the prisoner going out of the yard, I pursued him and overtook him, he put the saw down just before I came up to him, it is my master's saw.

Thurgood. It is my saw.

Prisoner's defence. A man gave it me to carry.

Prosecutor. The prisoner said, he did it to get some victuals and drink.

GUILTY .

Whipped in the Jail and discharged.

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

Reference Number: t17980110-66

131. JOSEPH HAWKES was indicted for breaking and entering the dwelling-house of Edward Bristow , about the hour of six in the night of the 14th of December , with intent the goods and chattels in the said dwelling-house, then being feloniously, and burglariously to steal, and burglariously stealing, an iron copper-door, value 12d. the property of the said Edward, the said Edward, James Tinley, and others, of his family, then being in the said dwelling-house .

EDWARD BRISTOW sworn. - I live in Charles-street. Tottenham-court-turnpike , I keep a house there; on Thursday the 14th of December last, I got up about six o'clock, I had occasion to go backwards, I saw my wash-house window broke open, I had a candle in my hand, I looked into the wash-house through the window, and saw the prisoner stooping down in the wash-house, with his head close to the copper-hole; I asked him what he did there, he told me, he was doing nothing, he got up, and said, let me come out, he put his foot up in order to come out, and I knocked him backwards to prevent him coming out; I immediately gave an alarm in the house, of a thief; as soon as I got assistance, I went and got the key, and opened the wash-house door; I then made up to the prisoner, I saw the copper cloth that is put to conceal the brick work, torn all round; I looked down at the prisoner's feet, and saw the copper door taken off the hinges; I said to the prisoner, what, you have made a beginning? he said, yes, I have, and distress has drove me to it; I then took him, and delivered him up at the watch-house.

Q. Had you seen the wash-house window open the night before? - A. No; I saw it at one o'clock the day before, when I came home to dinner, it is a place that we never have occasion to open in the winter time; the bead that confines the window was taken off, and laid by the sink, inside of the wash-house.

Q. Had he any light? - A. No.

Q. Who uses this wash-house, I suppose, the family and the servants? - A. Yes, but we had no servants at that time.

Q. How is it situated? - A. Close to my dwelling.

Q. There is no inward communication? - A. No; only by the flews, there is no door, it is built against the wall close up to the house, and immediately adjoins in the yard, enclosed with a wall.

Q.Do not the lodgers wash in it? - A.Nobody washes in it, at present, but my wife, for the lady in the first floor does not wash at home.

Q. It is not let to the lodgers as a part of their lodging? - A. No.

CORNELIUS HATFIELD sworn. - In the morning of the 14th of December, a few minutes after six o'clock in the morning, I was awaked out of my sleep by the cry of thieves; I came down without putting my cloaths on, and at the bottom of the stairs, I heard that the prisoner was secured, I told them to keep him while I put my cloaths on; when that was done, I came into the yard, and interrogated the prisoner; I said, what have you got

nothing to do, but to come to break open the house, and to disturb people at this time of the night? and he said, it is true, sir, I do come for that purpose; what, says I, do you come for the purpose of breaking open the house? yes, sir, says he, It is the first offence I ever committed, I never will do so any more, I hope you will forgive me, and concluded, by adding, that he was drove to it by distress, or poverty, I cannot say which was the word that he made use of; I went into the washhouse, and saw the cloth that was round the copper all torn off, and the door laid about the middle of the wash-house, the prisoner was secured and taken to the watch-house.

Court. (To Bristow.) Q. What was usually kept in that wash-house? - A. Utensils about the house; our yard is so exposed, that we never leave any thing there of value.

Court. Gentlemen of the Jury, it seems to me, that the prisoner cannot be convicted upon this indictment; he is indicted for breaking the dwelling-house, with intent to steal the goods, and stealing a copper door, the property of Edward Bristow ; the evidence has shewn, that about six in the morning, when there was occasion for a candle, the prosecutor discovered the prisoner in the wash-house, and he found the copper door lying upon the ground, but that could not be a stealing of the goods, it must be laid to be assixed to the freehold; and as to the charge of breaking, with intent to steal the goods, it does not appear that there were any moveable goods in the place.

NOT GUILTY .

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

Reference Number: t17980110-67

132. DANIEL JUDD and SAMUEL FRENCH were indicted for feloniously stealing, on the 30th of December , 20lbs. of bacon, value 7s. the property of John Chandler .

THOMAS TYRRELL sworn. - I live at No. 10, Lower-street, Islington , with Mr. Stifford, an apothecary, very near Mr. Chandler's: On Saturday, the 30th of December, I saw the prisoners between seven and eight at night, lurking about in Cross-street, Islington, peeping in at every window, and looking down several areas, I suspected them, and watched them, I saw them go into a chandler's shop, in Upper-street, I watched them from there to Mr. Chandler's, which is a few doors farther in the same street, there was a woman in the shop, and they kept walking back wards and forwards, till the woman came out, then Judd went up to the door, Mrs. Chandler was in the shop, and he came away again, he went up several times, and came away; at last Mrs. Chandler went into the back room, Judd went up to the door, and went into the shop, the other stood on the steps; Judd then brought something out and gave to French, who went across the road with it; I followed him, and caught him near the top of Cross-street: I brought him back with the bacon.

Q. Did you watch them so near as to be certain to the person of Judd? - A. Yes.

ROBERT HUDSON sworn. - I have a stable in Cross-street, Islington: I saw these two boys standing by Mr. Chandler's window, I suspected them, I went into the Church-yard and watched them; I had not stood there above five or six minutes before I saw Judd go up the steps, once or twice, and return again; at last he opened the door and went in, he brought something out and gave to the other boy, he held his apron up, and ran away with it across the road; I was going to run after him, when the last witness popped out of a court between him and me, he went after French, and Judd seeing that, went to turn about to run away, and came directly into my arms, (produces the bacon); I have had it ever since.

JOHN CHANDLER sworn. - I am a cheesemonger, the corner of Mitre-court, Upper-street, Islington: I was not at home when the bacon was stole; I had such bacon as this, but it is a hard thing to swear to.

Judd's defence. I was coming home from coal-work, I know nothing at all of it.

French's defence. I picked the bacon up in the road, and this gentleman came and laid hold of me.

Judd, GUILTY (Aged 16.)

French, GUILTY (Aged 17.)

Transported for seven years .

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

Reference Number: t17980110-68

133. JEREMIAH LAWES and JOHN GRADY were indicted for feloniously stealing, on the 11th of January , thirty-seven pounds of cheese, value 20s. the property of James Kilby .

JAMES KILBY sworn. - I am a cheesemonger , in Butcher-row, East-Smithfield ; I was not at home when the cheese was stolen.

GEORGE SKINNER sworn. - I am a shoe-maker: I was on the opposite side of the way, and saw the two prisoners standing at Mr. Kilby's window, Grady went in, and the other staid outside; I saw Grady come out with something under his arm, and they both went away together, they had been in conversation some time before; I went to take hold of Grady, and he dropped the cheese; I got assistance, and they were both taken.

Grady's defence. I know nothing of it.

Lawes's defence. I was going past, and asked this lad what o'clock it was, and just after I heard a cry of stop thief, and Mr. Skinner laid hold of me; I went with him directly.

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

Lawes, GUILTY (Aged 16.)

Transported for seven years .

Grady, GUILTY (Aged 16.)

Confined two years in the House of Correction , and fined 1s.

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

Reference Number: t17980110-69

134. JOHN WILLIAMSON was indicted for feloniously stealing, on the 7th of December , an iron kedge anchor, value 31. the property of John Busher .

JOHN BUSHER sworn. - I am a chain lighterman , I live in St. Catherine's-square: On the 7th of December, I had left my boat at Iron-gate, leading from Tower-wharf , I left an anchor in my boat made fast; the next day, about eleven o'clock, I sent my servant after the boat, I got my boat again about four in the afternoon, but the anchor was gone; I never saw the anchor again till the 7th of January, on board a small stoop, what they call an Oyster-smack, called the Neptune, she was lying at Billingsgate dock, I understood she belonged to one John Richmond; it is marked J. Busher, one hundred two quarters and three pounds.

JOHN RICHMOND sworn. - I am an Oysterdrudger, the Oyster-smack called the Neptune belonged to me: About six weeks ago, I went down to St. Catherine's to see if I could by a second hand anchor; I met with one William Day , a waterman, at Iron-gate, I knew him, and I asked him if the knew where I could get one, I thought he might have seen such a thing about; he told me, he thought he knew of one; and I told him to bring it on board the next time I came up; I went off, and returned again the next week, and the prisoner brought the anchor on board, about a month ago, or it may be a little more, William Day came along with him, I was then lying in Billingsgate Dock; I asked the prisoner the price of the anchor; he asked me two guineas and a half; I told him I had got one on board a hundred weight heavier that was bought for two guineas; Williamson said I should have it for two guineas; we went on shore and had a pot of liquor, we left the anchor on the vessel's deck; I gave Williamson a guinea, I had no more money, and told him I would give him the remainder next voyage; when I came the next voyage, I gave him half-a-guinea more, at a house in Darkhouse-lane, I had no more then; and about a fortnight after that, Busher came and claimed it; I told him, if it was his he must have it; I told him I bought it of such a man.

Q. How came you to employ a waterman to see for an anchor for you? - A. Because he knew the place better than I did.

Q. Did you observe the name of Busher upon it? - A. No.

Q.Nor the weight? - A. No.

Q. Is it not usual to mark anchor with the weight? - A. Yes, but they very often wear out; I did not see it till I came to use it.

JOHN COOK sworn. - I am a constable: I apprehended the prisoner at Blackwall, on the 9th of this month, I believe he is a waterman. (Produces the anchor).

Busher. This is my anchor.

Q. What burden is your vessel? - A. About a ton, or a ton and a half; they use it in transporting ships up and down the River.

Prisoner's defence. I know nothing of the anchor, nor yet of Richmond, I never had any dealings with him in my life; he swore, before the Justice, that he bought the anchor of Day; I was at Gravesend the day that he swears to, on board one of the India Company's ships; I was taken out of the Coromandel boy last week, at Blackwall.

Busher. I have known the prisoner eight or ten years plying at the stairs as a waterman; that is all I know of him.

NOT GUILTY .

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

Reference Number: t17980110-70

135. WILLIAM CHANDLER and JOSEPH M'GRIMES were indicted for feloniously stealing, on the 18th of December , a silk handkerchief, value 3s. the property of Thomas Macartney .

THOMAS MACARTNEY sworn. - On the 18th of December, about twelve o'clock at noon, I saw the prisoner, M'Grimes, walking behind me, near Featherstone-buildings, in Holborn , he was not above a yard from me; I looked at him once or twice; and in a very short time, I felt my coat go from me, as if something was gone out of my pocket; I immediately put my hand to my pocket, and found my handkerchief was gone; it was a silk handkerchief, such as I wear round my neck; I immediately turned round, and laid hold of him; I told him, I believed he had taken something out of my pocket; he made some answer, but I cannot

recollect what; a person coming by at the time, said, he had picked my pocket; I kept hold of him, and would not let him go; he said something, but I don't know what it was; I took him to Hatton-garden office, but there was nothing found upon him; I saw Chandler run away as soon as I was told that my pocket was picked; he was pursued, and brought to the office; I saw him walking before me till he heard the cry of stop thief, and then he ran away; there was nothing found upon either of them; I had seen my handkerchief not a quarter of an hour before, in my pocket; I felt it in my pocket while M'Grimes was following me.

ROBERT HANSON sworn. - I am a butcher, servant to Mr. Edwards, in Fuller's rents: On Monday, the day before the King went to St. Paul's, I saw the two prisoners in Holborn, in the forenoon, about eleven o'clock; M'Grimes was following Mr. Macartney, two or three yards behind him: as I was passing him, I saw a silk handkerchief picked out of his pocket, by M'Grimes, and he gave it to Chandler; Chandler walked on down Holborn, and I told Mr. Macartney, that his pocket was picked; he had hold of the man when I told him; Chandler immediately turned up Featherstone-buildings, and then ran away towards Bedford-row; after they were taken, I went to the office with them.

WILLIAM BENNETT sworn. - On Monday, the 18th of December, I was walking through Bedford-row, I heard a cry of stop thief, I saw the prisoner, Chandler, running, and I immediately ran after him, he turned down the first turning on the left hand, about the center of Bedford-row, he saw that I was close at his heels, and he turned down a coach-yard; he turned round, and said, am I the man you are running after; several other people came up, and we took him into custody; I went with him to the office; he was searched in Theobald's-road, but there was nothing found upon him.

Chandler's defence. I had been down into Field-lane, after some old iron; I was going up Red-lion-street, and heard a cry of stop thief, and this man came up, and laid hold of me; the constable pulled down my breeches, and opened my coat and waistcoat, and searched me; I had no handkerchief of that gentleman's about me; I am a stranger in London.

M'Grimes's defence. I belong to the Supplementary Militia; I was going up Holborn, upon business for my serjeant, and this gentleman laid hold of me, and said, I had picked his pocket.

Chandler, GUILTY (Aged 24).

M'Grimes, GUILTY (Aged 26).

Transported for seven years .

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

Reference Number: t17980110-71

136. JOHN ARMSTRONG was indicted for feloniously stealing, on the 18th of December , a pound of indigo, value 12s. the property of Edward Hanson , John Pearson , Thomas Stoyles , William Pearson , and Daniel Gossett .

The case was opened by Mr. Jackson.

DANIEL GOSSETT sworn. - Examined by Mr. Jackson. We are bull-porters, wharfingers, and warehousemen ; my partners are Edward Hanson , John Pearson , Thomas Stoyles, and William Pearson . In consequence of some information that I had received, on Monday, the 18th of December, about five o'clock in the evening, I searched the privy upon my premises, and over the entrance of the door, on the inside, there were a great many pieces of indigo secreted, it was in a dark place, where no light comes; it was concealed upon the loose timbers.

Q. Were they in a situation that persons might have seen them if they had not been looking for them? - A. I think not; I marked four of the pieces with my pencil, with the initials of my name, and placed them in the same situation again; I directed one of my men, who saw me mark it, to stay there while I went home, and got my great coat, as I thought it was likely to be a night job to watch; I placed myself in an adjoining privy, where I could see whoever came to the other privy, and they could not see me: In about ten minutes or a quarter of an hour, I saw the prisoner come out of the privy where the indigo was secreted; I let him pass the privy where I was, and went to feel if the indigo was gone, and I found it was; I followed him immediately, and as he was going past Mr. Calvert's brewhouse, on the wharf, I collared him; he asked me what was the matter; I told him, I had reason to think he was extremely fond of indigo; and as he went along, I observed he had his hands in his pockets; and I told him, if he did not take his hands from his pockets, I would certainly break his arm, I had a short stick in my hand; I took him to our accompting-house, and searched him; I took out of his pocket, two pounds four ounces of indigo, amongst them were two of the pieces that I had marked, (produces them); I went to search his lodgings, and then he said, it was the first time.

Q. Did you make him any promise of favour, or use any threat? - A. Not at all; he said, he had taken it out of No. 20, that is one of the warehouses that was full of indigo; he said, he had about a pound at home, that he took it when he went home to dinner.

Cross-examined by Mr. Knowlys. Q. Are there any other persons among the bull-porters, than those you have just mentioned? - A. There are not.

Q. This privy is upon the open wharf? - A.It is close to the water-side.

Q. Therefore every person on the wharf has access to it? - A. Yes.

Q. The prisoner is a very tall man? - A. Yes.

Q. Therefore he might have seen this indigo there? - A. It is a dark place, generally used for paper.

Q. Therefore in feeling for paper, he might have felt the indigo? - A. He might certainly.

Mr. Jackson. Q. Was he a labourer in your warehouse? - A. Yes.

- Fox sworn. - I am clerk to these gentlemen: I took a candle and lanthorn after the prisoner was brought into the accompting-house, and in the yard, between the privy and the accompting-house, I found several pieces of indigo, among them were two pieces marked D G. (Produces them).

BENJAMIN WOOD sworn. - I am foreman to Mr. Gossett: I was present when the prisoner was searched; I said, Armstrong, I doubt this is not the first time; he said, it was; says I, have you got none at home; he said, yes, he had a pound; I asked him, how he came by that that was found upon him; I said, this indigo came out of No. 20, did it not; he said, yes, I took it out of No. 20, this morning.

Prisoner's defence. I found the indigo there, and took it away.

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

GUILTY .

Transported for seven years .

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

Reference Number: t17980110-72

137. JOHN-HADLEY WALLIS was indicted for feloniously stealing, on the 11th of January, two pieces of cotton cloth, called chintz, containing six yards, value 6s. the property of the United Company of Merchants of England, trading to the East-Indies .

The case was opened by Mr. Knapp.

JOHN SHARP sworn. - Examined by Mr. Knapp. I am an assistant elder in the India Company's warehouses, in New-street, Bishopsgate-street ; the prisoner was a labourer in the warehouse: On the 11th of January, I searched the prisoner, and found upon him, two pieces of chintz, one piece in the seat of his breeches, and the other piece buttoned up t the inside of his breeches in the front, between his shirt and his skin; I had suspected him some time before, and therefore I was particular in my examination of him; these are the pieces, (producing them); they are the property of the East-India Company; there were up wards of fifty men present at the time; he was taken before the Lord Mayor, and committed. We always rub them down when they go out of the warehouse, but these were concealed in such a manner, that if I had not suspected him, he might have escaped.

The prisoner did not say any thing in his defence.

GUILTY (Aged 41).

Transported for seven years .

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

Reference Number: t17980110-73

138. WILLIAM RADON was indicted for feloniously stealing, on the 7th of December , a silver table-spoon, value 8s. and three silver teaspoons, value 4s. the property of Thomas Nott .

CHARLOTTE NOTT sworn. - I am the daughter of Thomas Nott , I am fourteen years of age: On Monday, the 11th of December, the prisoner knocked at the door of my father's dwelling-house, No. 4, Fountain-court, Minories , and asked if we had a lodging to lett; I said, yes, and shewed him the room up two pair of stairs back wards; he said, it would do for him very well; my mother was not at home, and he asked me to let him stop a bit till she did come home; I said, yes; and he followed me down into the kitchen; in a very short time, my mother knocked at the door; he took particular notice of the things in the kitchen, and that-gave me rather a suspicion; I thought if he had an opportunity, he would steal something; I opened the door, and told my mother, a young man waited to see her; and I went down stairs with intent to light him up, and I met him half way on the stairs; I did not stop to light him, but went past him into the kitchen, to see if I missed any thing, I looked on the tea-board, and immediately missed three silver tea-spoons; I came up, and he was then in the passage, asking my mother, how much she asked a week for the room; I told my mother, the man had got the spoons, and he immediately ran out as fast as he could, through the court; there was a young man coming through the court, who stopped him, and directly as he stopped him, he dropped two spoons, a table-spoon and one tea-spoon, in the court, and I picked them up; when I went down stairs again, to look, I said, there is another tea-spoon wanting, and we found it under the chair where he was sitting; when we found that, I missed another, and he dropped that under the chair; I said, he drops them as fast

as I say they are wanting; there was a constable sent for, and he was secured.

MARY NOTT sworn. - My husband works at a tobacconists; the moment I knocked at the door, the child told me, there was a young man waiting for a lodging, she went down stairs, and he came up, and as he was asking me about the lodging, she came up, and said he had got the spoons, he immediately ran through the court, and I ran after him as fast as I could, calling out, stop thief; a young man was coming up the court, and stopped him, I saw him drop the spoons, he was brought back, and there were two more found under the chair, where he was sitting, I sent for a constable, and he was apprehended.

THOMAS FORD sworn. - I am a servant, I heard a cry of stop thief, I was coming into the court, and saw the prisoner running, I immediately laid hold of him, and he dropped a table-spoon, and a tea-spoon, I took him back to the house, with the assistance of another man; I saw two other spoons picked up from under the chair that he was sitting in, but I did not see him drop them, Mrs. Nott claimed them.

Mrs. Nott. These are my spoons, they are marked W.M.N. the table-spoon has no particular mark upon it, it is exactly such a one as I had, I saw the prisoner drop it.

Prisoner's defence. I was just come to London from Romford, and I wanted a lodging, the girl came up, and asked me, if I would see the room, she shewed it to me; when her mother came home, I talked to her about the room, I told her, it was too much money, and I was coming away in a hurry, because I had got a lodging to seek, and I was met by that young man, he stopped me, and said, there was a cry of stop thief, I know nothing at all about the spoons.

GUILTY (Aged 26.)

Transported for seven years .

Tried by the London Jury, before MR. RECORDER.

Reference Number: t17980110-74

139. WILLIAM GROVES was indicted for feloniously stealing, on the 17th of December , fifteen dead fowls, value 1l. 7s. the property of Elizabeth, the wife of John Strickland .

Second Count. Laying them to be the property of John Strickland .

- PLACE sworn. - I have been with Mr. Strickland fifteen years, he is a salesman in Newgate-market ; I packed up fifteen fowls on Saturday evening, the 16th of December, about nine o'clock, and left them in the shop, locked up with two locks, and on Sunday night, about nine, o'clock, I was informed that the shop was broke open, I went up, and saw the shop open, and found the two locks broke; on the Monday morning, the patroles came and said, they had got some fowls, I saw them before the Alderman, at Guildhall, that day, they were out of their feathers, they were packed up with straw in a basket, fourteen young ones, and one old one, they were tied with small packthread, the old fowl I had the spurs taken off, and the blood left upon the leg, I had packed that up twice before; I pack up every night whatever is left, in a basket, with straw between them; I took particular notice of this old fowl, and another of them that was smothered, there had been too many of them put up in one coop, and it was killed by the rest, and looked black, we did not lose any thing else, there were some eggs strewed about.

Cross-examined by Mr. Raine. Q. Does your master usually fell fowls that die a natural death, to be eaten? - A. Yes; whatever comes to market, we always fell it at some price or other, be what it will.

Q. When you saw them on Saturday, they were in a basket? - A. Yes.

Q. When you saw them on Monday, they were in a bag? - A. Yes.

Q. With respect to this sowl with the spur off, would not any other fowl that had the spur taken out, look just the same? - A. No.

Q. Don't you know it is a common thing, in order to make a hard, tough old cock, look like a fine young fowl? - A. Yes.

Q. And because this spur was bloody, you will swear to it? - A. I swear to all the fifteen, that was the quantity that was lost, and the quantity that was found.

Q. But, suppose other fifteen fowls had been found, would you have sworn to them? - A. No.

Q. Do you think no other man smothers fowls besides your master? - A. He does not smother them, it is the country people that smother them, and send them up.

Q. How comes it that there are two Counts in the indictment, one laying them to be the property of Mr. and the other of Mrs. Strickland? - A. They are separate traders, he is a salesman in butter, with a partner, and she carries on the sole trade of the poultry for herself.

ROBERT BLOOMLEY sworn. - I am a patrole; about nine o'clock, on Sunday evening, I and my partner were together, we met the prisoner with something in a sack, coming out of Cow-lane, on to Snow-hill, he had it over his shoulder; I stopped him upon Snow-hill, and asked him what he had got there, he said, he could not tell, I told him, if he did not know, it was proper that I should; we took him to the next public-house and examined what it was, and we found fifteen dead fowls in the sack, out of their feathers; we sent to the ward-beadle, Mr. Ashmore, on Snow-hill, we left the fowls at this house, he is not here, we put no mark upon them, nor upon the sack, they were at his house from Sunday evening till the Monday, when I received them from Mr. Ashmore again, they appeared to be every way the same at Guild-hall, they were delivered up to Mr. Place.

Cross-examined by Mr. Raine. Q. You cannot prerned to swear that this is the same bag that you left at Mr. Ashmore's? - A. I can testify that they were the same fowls, because we unpacked them,

Q. Did you examine the fowls particularly, so as to notice them? - A. Eleven of them were tied with a small string, one particular fowl was remarkably black.

Q. Was there any thing particular about the bag? - A. No; it was a common old sack.

Q. You say he was going from Cow-lane towards Snow-hill? - A. Yes.

Q. That was not the way from Newgate-market but towards it? - A. Rather towards Fleet-market.

Q. It is not the road from Newgate-maket, is it? - A. It is not the direct way.

Q. Did he not tell you he was employed to carry the bag? - A. He said a man gave him sixpence to carry it to Saffron-hill.

Q. Do you know a person of the name of Taylor? - A. He described such a man to us, as having employed him.

JOHN DENNIS sworn. - I am the partner of the last witness, I know no more of it than he does; there was a black fowl among them, and one with both spurs off, a little bloody.

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

NOT GUILTY .

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

Reference Number: t17980110-75

140. MARGARET THOMPSON was indicted for feloniously stealing, on the 1st of January , a pewter pint pot, value 6d. the property of Mary Clarke .

MARY CLARKE sworn. - I keep the Golden-key public-house, Fleet-market : On New-year's-day in the evening, between ten and eleven o'clock, I saw the prisoner in my-house for about a quarter of an hour, she had a pennyworth of beer.

GEORGE HANNA sworn. - I destroy bugs out of bedsteads: I was at Mrs. Clarke's, in Fleet-market, the prisoner came in and had a penny worth of beer, and the pint pot that I had been drinking out of was standing upon the table, I saw her take it and pat it in her apron, I was standing in the tap-room about a couple of yards from the end of the table, the tap-room was in a confusion with a great number of people being there at the time; I missed it, and went after her, I overtook her at the door, brought her back, and took the pot from her, I gave it to Mrs. Clarke; a constable was sent for, and she gave it to him.( Thomas Minett , the constable, produced the pot, which was deposed to by Mrs. Clarke).

Prisoner's defence. When I came out of the house the pot was in my basket, I don't know how it came there.

GUILTY . (Aged 43.)

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

Tried by the second London Jury, before Mr. Justice LAWRENCE.

Reference Number: t17980110-76

141. THOMAS HOBBS was indicted for feloniously stealing, on the 10th of January , eleven feet of mahogany board, value 10s. the property of Joseph Cook .

JOSEPH COOK sworn. - I am a cabinet-marker , in Bartlett's-buildings; the prisoner worked for me about ten years ago, as a sawyer ; I know nothing of the loss.

JOHN HATTON sworn. - I am a brazier, I work in the same court that Mr. Cook's shop is in: Last Wednesday evening I saw the prisoner come down the court with a mahogany board on his shoulder, I followed him into Holborn, and stopped him; I asked him where he had that from, he would give me no answer; I told him to take it back, and he desired me to take it back, I insisted upon his taking it back, and he attempted to run away; I collared him, and asked a person going by to hold him while I called Mr. Cook.(The board was produced, and deposed to by Mr. Cook).

The prisoner called Mary Elliot, who had known him about three weeks, and gave him a good character.

GUILTY (Aged 46.)

Transported for seven years .

Tried by the second London Jury, before Mr. Justice HEATH.

Reference Number: t17980110-77

142. MARY WELCHFORD was indicted for obtainining three guineas under false pretences .

ANN BIGGS sworn. - I am sister to John Biggs , who keeps the Blue-last, Blackfriars : On Wednesday the 3d of January, between eleven and twelve o'clock, the prisoner came in with Mr. Hawkes's compliments, and would be much obliged to Mr. Biggs for a five pound note for a few minutes; my brother was backwards, and I went backwards to him, but he had got ne'er a one; I told her so, and she came back, and said a three pound note would do; my brother put his hand in his pocket, pulled out three guineas, and gave them to me, and I gave them to the prisoner. Mr. Hawkes is a customer of my brother's, I knew her very well as a servant of Mr. Hawkes.

JOHN BIGGS sworn. - I delivered the three guineas into my sister's hands, and I saw the back of the prisoner, that is all I know of it; I lent her the money on the faith of the message that she brought.

GEORGE HAWKES sworn. - I am a baker.

Q. Are you a customer of Mr. Biggs? - A. Yes; the prisoner lived servant with me eight or ten days.

Q. Did you give her orders to go to Mr. Biggs, for a note of five pounds? - A. No.

Q. Did you say a three pound note would do? - A. No.

Q. Did you receive three guineas from her as from Mr. Biggs? - A. Never.

WILLIAM MESSENGER sworn. - I am a constable belonging to Queen-square: I apprehended the prisoner on Wednesday the third of this month, I was in search of her from three o'clock till between eleven and twelve at night; I found her in a public-house in Pye-street, Westminster, drinking with some more women; I told her I had taken her in custody for getting three guineas in Mr. Hawkes's name; she said she had, and she had bought a gown and a shawl, and had got thirty-five shillings left; she said, for fear it should be lost she had left the money and goods at the public-house; the next morning I went to the public-house, and found a gown and shawl, a cap, and thirty-six shillings in this red-morocco purse. (Produces them).

The prisoner did not say any thing in her defence.

GUILTY .

Privately whipped , and discharged.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980110-78

143. JOSEPH LEMAIRE was indicted for a fraud .

NOT GUILTY ,

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

Reference Number: s17980110-1

The SESSIONS being ended, the COURT proceeded to GIVE JUDGEMENT as follows:

Received Sentence of Death - 12.

John Wheeler, David Mann , George Brown , alias Evans,

Thomas Hall, Margaret Murray, James Wright,

John Norton, John Foot , William Wright ,

Stephen Reynolds , Uriah Moses, John Seymour.

Transported for fourteen years - 2.

Ann Benjamin, William Hibbert.

Transported for seven years - 25.

Charles Williams , Mary Powell , William Phillips ,

Isaac Colnett, Ann Moreton, John Priest,

James Akerman , James Waring , Henry Humphreys ,

Robert Miles , Henry Foreman , Daniel Judd ,

John Armstrong, William Jones, Samuel French ,

John Hadley Wallis, William Newton, Jeremiah Lawes,

William Radon , Sarah Brown , alias Wilson, William Chandler ,

Thomas Hobbs , John Brown, Joseph M'Grimes.

Benjamin Golding .

Confined two years in the House of Correction, and fined 1s. - 2.

Mary Foster, John Grady .

Confined twelve months in the House of Correction, publicly whipped - 3.

George Clayton, James Bavely , William Bushnell.

Confined twelve months in the House of Correction, and fined 1s. - 8.

Margaret Thompson ,

William Cain ,

Andrew Arnold ,

Maria Hipkin ,

Thomas Pressell,

James Smith ,

Jacob Lyons ,

William Holmes .

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

Samuel Samuels .

Confined six months in the House of Correction, and publicly whipped - 2.

Jonas Hart ,

James Day .

Confined six months in House of Correction and fined 1s. - 5.

Elizabeth Cussick,

Thomas Partridge,

Matthew Paul ,

William Page ,

Sarah Vincent .

Confined three months in Newgate, and fined 1s. - 1.

Clementina Cuthbert.

Publicly whipped, and discharged - 1.

James Wells .

Privately whipped and discharged - 2.

Mary Welchford, Michael Mackdew .


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