Old Bailey Proceedings, 18th April 1798.
Reference Number: 17980418
Reference Number: f17980418-1

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 18th of APRIL, 1798, and the following Days, BEING THE FOURTH 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; the Right Honourable LLOYD LORD KENYON , Lord Chief Justice of His Majesty's Court of King's-Bench; Sir BEAUMONT HOTHAM, Knight, one of the Barons of His Majesty's Court of Exchequer; Sir FRANCIS BULLER , Bart, one of the Justices of His Majesty's Court of Common Pleas; Sir JOHN WILLIAM ROSE, Knight, Serjeant at Law, Recorder of the said City; JOHN SILVESTER , Esq. Common-Serjeant at Law of the said City; and others, His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Gaol Delivery of NEWGATE, holden for the said City and County of MIDDLESEX.

London Jury.

Thomas Bailey ,

George Yeoman ,

Bryant Cockerill ,

John Cracklow ,

Clement Jackson ,

James Roberts ,

John Miller ,

Peter Caron ,

John Maud ,

William Linden ,

John Phillips ,

George Edwards .

First Middlesex Jury.

Thomas Hollis ,

Joseph Forsyth ,

Hugh Lawrence ,

William Salter ,

Phillip Davies ,

Richard Howell ,

Timothy Virtue ,

James South ,

Robert West ,

Edmund Nourse ,

Samuel Richardson ,

William Roberts .

Second Middlesex Jury.

John Gomme ,

Ephraim White ,

Benjamin Carpenter ,

James Miller ,

Abraham Chittle ,

Thomas Saunders ,

Benjamin Chinn ,

John Brown ,

Joshua Bagnall ,

Stephen Munday ,

William Finch ,

John Griffin .

Reference Number: t17980418-1

235. ELIZABETH BROWN was indicted for forging and counterfeiting a Bank of England note, for the sum of 2l. with intention to defraud the Governor and Company of the Bank of England .

Second Count. For a like offence, with intention to defraud Henry Lee .

Third Count. For feloniously disposing of, and putting away the said note, as and for a good note, knowing it to be forged, with intention to defraud the Governor and Company of the Bank of England.

And Eight other Counts for the like offences, varying the manner of charging them.(The indictment was opened by Mr. Giles, and the case by Mr. Garrow.)

ELIZABETH LEE sworn. - My husband keeps a silversmith's-shop in Shoreditch : On the 28th of February last, the prisoner came into the shop to buy a pair of silver table-spoons, I sold her them for twenty-six shillings and three-pence; she gave me a two pound note, and I was going to give her change, my brother Phillips was in the shop, and he spoke to me in Dutch, and said, he believed it was not a good one, he would go out with it, and as he went out the prisoner was going away; I told her to stop till my brother came back; Phillips was not many steps from the house, he came back, saw the prisoner going away, and he desired her to walk in and sit down, he then took hold of the prisoner, and took her into the parlour. I then sent for Mr. Lee from the Rainbow Coffee-house; Mr. Lee's hair-dresser was there, his name is Pearson, and I left him with her while I went into the shop, then Mr. Lee came home; Phillips returned me the note again, and I gave it to Mr. Lee. I sent for an officer, and the note was given to him; I wrote my name upon it in Dutch, and the officer put his name upon it. The officer and Mr. Lee took her to Mr. Winter's from my house.

Q. Look at that note; is that your name in Dutch? - A. It is; that is the note that the prisoner gave to me.

Q. How long had you been from the parlour? - A. About ten minutes.

Prisoner. Q. Did I attempt to run away? - A. She had just got off the step of the door; I thought she was going away, and I took hold of her by the arm.

SAMUEL PHILLIPS sworn. - Examined by Mr. Knowlys. I was in Mr. Lee's shop when the prisoner came in for a pair of spoons, she agreed to have a pair at twenty-six shillings and three-pence; she put her hand in her pocket and took out a two pound note, Mrs. Lee took her pocket-book out to give her change; I said to Mrs. Lee, in Dutch, let me look at the note; I looked at it, and said, I believe the note to be a bad one. I went out with intention to go to a neighbour's to compare it with another two pound note; before I had got two yards from the door I saw the prisoner coming out at the shop-door, I turned back, and desired her to walk in, I went backwards with her into the parlour; she said, if I did not like the note she would give me another, I believe there was a hair-dresser present. Mrs. Lee told me to fetch an officer, I went, and the officer came; Mr. Lee was sent for from the coffee-house; Mrs. Lee put her signature upon the note, and the officer did the same, and he went with her to Mr. Winter.

Q. Look at that note, and tell us if that is the note that was presented by the prisoner? - A. Yes, this is the note.

Court. Q. Did you mark that also? - A. Yes; my name is on it.

Cross-examined by Mr. Const. Q. She offered to give you another? - A. Yes.

Q. That was upon your going out to change it? - A. Yes.

Q.Nothing more passed than that she would change it if you did not like it? - A.Nothing else. JAMES PEARSON sworn. - Examined by Mr. Giles. I went to Mr. Lee's to shave him, the prisoner was in the parlour, she rose up from the chair and took a parcel of papers from her pocket, there appeared to be about three or four small parcels.

Q.What were the size of the papers; had you an opportunity of knowing what it was like? - A. No; I said, what, you are burning of them; and she said, no.

Q. Did she in fact burn that paper? - A.She burned it.

Cross-examined by Mr. Const. Q. You could not tell what that paper was? - A. No.

Court. Q. Did you make no attempt to rescue it? - A. No; the fire was a large one, and it was consumed in a minute; it seemed to me to be thin paper.

NATHANIEL LOARING sworn. - I am clerk to Mr. Winter, solicitor of the Bank: I was present when she gave an account of the transaction; she was asked where the got the note; I understood her she had it from Dighton, in Shoe-lane.

Mr. Const. Q. Was it taken in writing? - A. It was not. There was a former examination taken in writing by Mr. Winter.

Mr. Garrow. Q. Did you hear the name of Steel? - A. Yes; she said she had it from Steel; I do not know which of the two names she mentioned first; she said Steel kept a public-house in Whitechapel; Steel was sent for, I was there when he came.

Q. Was he informed, in the presence of the prisoner, that she had stated herself to have received the note from him? - A. He was. He said he never gave her a note in all his life; that she had had money of him, but did not recollect that he had ever given her a note. Then she immediately said it was from Dighton, in a court in Shoe-lane.

Q.What did she say her name was? - A.Brown.

Q. Did she state in your presence where she lived? - A. Yes; she said she lived at No. 23, Paradise-row, Islington.

Q.Did you hear her say any thing about her living at Steel's? - A. No; I went first to Dighton's with the officer, and after that I went to the prisoner's house.

Q.You did not find any thing that relates to the subject of Bank-notes? - A. I found a good Banknote, which was an exact copy of the other, except the last figure in the number; that good note is not here.

Cross-examined by Mr. Const. Q.In point of fact, there was an examination taken writing? - A. There was only the leading features of her story taken by Mr. Winter, for the purpose of getting any other information; there was part taken in writing and part not.

Q.And you do not perfectly recollect the name she used? - A. She said she had them of Dighton; she was asked how many; she said, six, then twelve, and afterwards one hundred; she said Dighton gave her them unfilled up, she got them filled up, and was to put them off, and was to have a certain share of the profit; she was not asked what share.

Q. Did not you conclude the woman was out of her senses at the time? - A. No; I certainly did not.

Q. After this, she carried you to Steel's? - A. Yes.

Q.And he said, she had had money of him, but no notes? - A. Yes.

Q.And you did not hear her say that she lodged at Steel's? - A. No.

Mr. WINTER sworn. - Examined by Mr. Garrow Q. Upon this person being taken into custody, was she brought to your office? - A. She was.

Q. Have you, in your hand, the original minutes you made of what she stated to you upon this subject? - A. I have.

Q. Did you enquire of her what her name was, and what answer did she make? - A. She said her name was Elizabeth Brown , and that she lived at the house of Mr. Steel, the sign of the Cock, in Whitechapel; she stated herself to be the wife of Benjamin Brown , of a place called Broom, near Wolverhampton, in Staffordshire; that she had four children; two at Steel's, in Whitechapel, and two in America. She stated that she had been at Steel's for six or seven months past, and that she worked for Steel, who had a wife and one child, for which she received her board and clothes; that she had done needle-work for the family, but could not recollect what part of the family. She stated that Steel had kept the Cock two years; that she had received a two pound note from Steel about a week ago; that Steel had taken the Horse and Groom public-house from her husband, in St. Martin's-lane; he was to give two hundred pounds. She admitted that she had gone into the shop to purchase spoons. I questioned her how she had been employed for several days previous to the 28th. She stated, that, on the 27th, she had not been out of Steel's house the whole day; that she had been employed in nursing the child, and needlework. That, on the preceding day, the 26th, she did nothing material, but made the beds; but was not out. On the 25th, she could not tell what she was about; that she was reading, but not out on that day. On the 24th, was cleaning the house. On the 23d, could not tell what she was about, but was not out. In short, that she had not been out of Steel's house all the week; that she had received the note in question with several other notes, six I believe, then twelve, afterwards eighteen, and I believe at last, one hundred, from Dighton, in Shoe-lane, who she supposed had manufactured them; that they were not filled up; but a circumstance occurred, her son being in her presence; he was an apprentice to an engraver. Her own son stated, that she had asked him to fill up those blanks, and she would give him a shilling a piece to fill them up; and the boy said, he would sooner suffer death. He said, she had told him she had received these notes from Dighton, and that she was to share in the produce of them. To all which she assented.

- STEEL sworn. - Examined by Mr. Knowlys. I keep the Cock, in Whitechapel: I have known the prisoner eight or nine years; she has never lodged with me since I have been in Whitechapel, which is near two years.

Q. At any time lately, did you pay her a two-pound note? - A. I have paid her money several

times, and a one pound note, but I do not know that I ever gave her a two pound note. They have had money come out of the country into my hands, and it was always remitted to me.

Q. Has she been nursing your children, or working for you lately? - A. Not more than three or four times in the year.

Q. Was that justbefore she was taken up? - A. I do not remember.

Q. Do you remember being sent for to the Bank? - A. Yes.

Q. Was she at your house for three days before that? - A. No.

Mr. Const. Q. You cannot say whether you remitted her a two pound note or not? - A. I cannot.

THOMAS BLISS sworn. - Examined by Mr. Giles. I am an inspector of Bank-notes.

Q. Look at that note, and see if it is a genuine Bank-note? - A. It does not admit of any doubt of its being a forged note.

- FIELD sworn. - Examined by Mr. Giles. I am a cashier of the Bank, for notes under five pounds.

Q. Is the name of Field, subscribed to that note, your writing? - A. It is not.

Q. Is their any other cashier of the name of Field, who signs notes? - A. No.(The note read).

TWO.

Bank. No.C 5037. No.C 5037. I promise to pay to Mr. Abraham Newland, or bearer, on demand, the sum of Two Pounds.

London, 12th day of February, 1798. For the Governor and Company of the Bank of England.

£. Two. J. Field. Entered, W. Wade.

The prisoner did not say any thing in her defence, but called Daniel Ingram , a dealer in coals in Bream's-buildings, who had known her from 1793, and gave her an excellent character.

GUILTY Death . (Aged 44.)

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

Reference Number: t17980418-2

236. WILLIAM STINSON was indicted for that he, on the 3d of March , a piece of false money to the likeness of a sixpence, falsely and deceitfully, feloniously and traitorously, did forge and coin, against the duty of his allegiance, and against the form of the statute .

Second Count. For traitorously forging and counterfeiting a shilling.

Third Count. For traitorously forging and counterfeiting a half crown.

The indictment was stated by Mr. Ward, and the case by Mr. Fielding.

JOHN SAYERS sworn. - Examined by Mr. Fielding. I went, on the 3d of March, to Newgate, along with Mr. Winter, the solicitor of the Bank, to search a man of the name of Welchman. After searching Welchman, while Mr. Winter was in Mr. Kirby's apartments, Stinson was brought into the room; I immediately asked him what he had got about him; I searched him, and out of one pocket I took this parcel of round blanks of brass, and Townsend, at the same time, took these silver plates out of the other pocket; I then returned the silver and the parcel of brass upon the table, and Stinson put it into his pocket again.

JOHN TOWNSEND sworn. - Examined by Mr. Fielding. On Saturday, the 3d of March, I went, in company with Sayers and Mr. Winter, to Newgate, to search the apartments of Welchman there; in the mean time the prisoner at the bar was brought in by Mr. Kirby and Pitt into the front parlour to us; he was searched in my presence, and the things, which Sayers has produced, were taken from him and were given to him again. We took the prisoner, in company with Mrs. Welchman, in a coach, to Bow-street; we left Mrs. Welchman in custody, and then proceeded to the prisoner, Stinson's house, at Sommers-Town; we did not know where Stinson lived, but he took us there himself. When we came there, we went in with the prisoner, he opened a parlour door, where there was kept as a shop, a quantity of stockings and hosiery; then I asked him for the keys of the bureaus, which he gave me; I then opened the bureau drawers, and proceeded to search; and in the front parlour, the articles I shall now produce, I found in the various drawers of that bureau, which keys the prisoner gave to me. (Produces a large quantity of sixpences and shillings, some in a state of perfection, and others in all stages).

Court. Q. Are some of them so perfect as to be fit for circulation? - A. There are a great quantity of them finished. We then proceeded to search the bureau in the back room, where, also, the drawers were full of money finished and unfinished.

Cross-examined by Mr. Knapp. Q. In what state were the prisoner's hands, were they clean? - A. I really did not look.

Q. He was not in a working dress, but was clean? - A.Certainly.

PATRICK MACMANUS sworn. - Examined by Mr. Fielding. I went down into the kitchen first; I afterwards went up stairs, and found the door of the two pair of stairs locked; I returned down to Stinson, and asked him for the key, and he directed me to his wife; I asked the wife, and she said it had been lost for some time; I told her, if you do not find the key, I must break the door open; she said, you may.

Mr. Knapp. Q. Was he present at that time? - A. No.

Mr. Knapp. Then we must not hear it. - A. I went up stairs and broke the door open; but I first went into the kitchen, and there I saw a cutting-out press in a chest, and behind the chest I found the block, that it had used to be fixed in, made use of as a dresser, or shelf; in a place like a dust-hole, in the kitchen, I found some cecil, (produces it). I then went up stairs, and forced the door open up two pair of stairs, and there was a large press, with a sort of a wheel that they use in rounding the edges of the money close beside it, both fixed to the floor, and the floor, except where these two articles where fixed, was covered all over with straw, and hay, and litter, three or four inches deep. Then Carpmeal and Townsend, and Stinson himself, gave us a hand in taking down the things, and putting them in a cart; we conveyed them to Bow-street, and they are here in the same state in which we found them.

Cross-examined by Mr. Const. Q. Do you happen to know whose room this was, to whom it was let? - A. No.

Q. You know it was let, do not you? - A. No.

Q. The room that was locked up, did he not say it had been shut up for six months? - A. He said it had been a long time, but he directed me to Mrs. Stinson for the key.

Q. There was a great deal of litter about, not as if it had been recently used? - A. That was to drown the noise of working.

THOMAS CARPMEAL sworn. - I went from Bow-street with the other officers, and Stinson, in a coach; I went with them to the two pair of stairs room, where there was a press, and a lathe, both fixed and complete; these two blank dies,(producing them), were in the press, there was the fly, and every thing complete. We found these things, (producing them), it had been used for casting, and a crucible, there was some metal in the crucible when I found it; I found also some files, some scowering paper, a bottle of aquafortis, a bottle with some pickle in it, but that is dried up, the pickle is for throwing the silver out of the base metal to the top.

Q. Was there any furnace? - A. No; there was a fire-place in the two pair of stairs, with bricks and bars.

Q. Were the things that you found there, the press, the lathe, and all the other instruments, are they necessary to carry on the business of coining? - A.Quite complete in every stage except the dies, the dies were not found.

Q. These are dies, though they have no impression? - A.Certainly, they are blank dies.

Court. Q. Were the instruments that you found sufficient to complete a piece of metal of this sort of appearance? (Shewing him one of the counterfeit shillings). - A. Yes, in every stage.

Cross-examined by Mr. Knapp. Q. Are you sufficiently conversant in these matters to know, of your own knowledge, that these things would produce that appearance; or is it only from the information of others? - A. From my own knowledge; from my own practice. (Produces a large quantity of half-crowns in an unfinished state).

Mr. Const. (To Carpmeal.) Q. There was no appearance upon his hands of having been at work? - A. No; they can take it off in two minutes.

Q. As to this being his house, he owned that it was his house, except that room? - A. Yes.(Mr. Nicholls, a monier of the Mint, proved the money being counterfeit).

Carpmeal. Here are some shillings found about the press that exactly fit the cecil.

JAMES ANDREWS sworn. - The prisoner is my tenant, in a house at Somer's-Town, he is my only tenant.

Mr. Const. Q. What is he? - A. A hosier.

Q. Did you ever see him in his business? - A. Yes, backwards and forwards.

Q. Did you ever see him dirty, as if he had been doing any thing out of his business? - A. No.

GUILTY Death . (Aged 45.)

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17980418-3

237. ELIZABETH DAVIS was indicted for feloniously stealing, on the 14th of February , two pounds of butter, value 2s. the property of William Hewitt .(The case was opened by Mr. Trebeck.)

JOHN MUGGLESTON sworn. - Examined by Mr. Trebeck. I live with Mr. Pink, at Turnham green; on the 14th of February I lived with Mr. Hewitt, he is a grocer and cheesemonger : I saw the prisoner on that day between seven and eight in the evening, I was serving a customer, there were two lumps of butter lying upon a plate upon the counter, and she took one of them and put it into her apron; I told my master of it, and he sent for a constable, and she was taken into custody; the butter was found under her cloak, she did not take it out of the shop.

Q. Had you sold her that butter? - A. No.

Q. Was that the property of your master, William Hewitt ? - A. Yes.

RICHARD EDEN sworn. - I am constable of the parish of Chiswick: On the 14th of February Mr. Hewitt sent for me, and I took the prisoner into custody; I found nothing about her, the butter had been taken from her before I took her into custody; and as I was proceeding to the cage she was rescued

by her husband and two sons, and a great number of other persons; it was dark, and I could not discover who the other persons were, and she got away from me.

Q. Are you sure she is the same woman? - A. Yes; she has lived there a great number of years.

GUILTY .

Privately whipped , and discharged.

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

Reference Number: t17980418-4

238. JOHN WILSON , ABRAHAM WILMOT , and JOHN SELBY , were indicted for feloniously stealing, on the 20th of February , two hempen sacks, value 3s. the property of Benjamin Putriss and William Edwards , and eight bushels of oats, value 8s. the property of Samuel Lucas .

CHARLES MILLS sworn. - I am a cornchandler, in Princes-street, Westminster: On Tuesday the 20th of February last, about a quarter before eight in the evening, Wilmot came to my house, and asked me if I would buy a quarter of oats; I said I was afraid he did not come honestly by them; he said, yes, he did, his two comrades, or two men, or something to that purpose, had picked them up in the street; I told him to go and bring them, and I would look at them, and see what they were; I waited some time, and they did not come; I heard that there were two men with sacks upon their backs going down the street, I went after them, and overtook them; Wilmot was walking before them, the other two had each of them a sack a-piece; Wilson I can swear to, but Selby I cannot; they brought them to my shop, Wilmot came as far as the step, but I believe did not come in; the other men pitched their sacks in the shop, and I told them they should not take them away, they seemed very much dissatisfied, and wanted to take them away; the sacks were filled with oats; I told them I thought I should have it in my power to find out who they belonged to, and knowing Wilmot, I let the men go; I took a sample to market, and, on the Friday, I found out who it belonged to; the men were taken up on the Friday night, and underwent an examination the Tuesday after; here is another person here, that can swear to Selby; I have kept the oats ever since, except one night that they were left at the Queen-square office, sealed up; I know them to be the same sacks that were brought to me by the prisoners.

Cross-examined by Mr. Knapp. (Counsel for Wilmot). Q. You have known Wilmot before? - A. Yes; two years.

Q. I believe he many years lived in the place where he lived at the time he was apprehended? - A. I do not know where he lived; I know where he lodged in Dartmouth-row, but I do not know where he worked; I live in Princes-street, nearly opposite.

Q. How many years do you think you have known him living there? - A. I dare say ten or twelve years.

Q. Then he, living opposite to you, was unwise and foolish enough to come and ask you to buy these oats? - A.Directly so.

Q. You asked him if they were honestly come by? - A. Yes; and he said that two men, or his two comrades, had picked them up, and applied to him to fell them for him.

Q. And you considered him only as the person to fell them? - A. Yes.

Q. What time was this? - A. About a quarter before eight in the evening.

Q. When you did see them, Wilmot had no custody of the things? - A. No; none at all.

Q. He had no oats upon him? - A. None at all.

Cross-examined by Mr. Alley. Q.Wilmot said he had them from the two men? - A. Yes.

Q. But they were not there to contradict him? - A. No.

Q. You let these three men go away? - A. Yes.

Q. And you found them afterwards, at their lodgings, three days afterwards? - A. Yes.

Q. You know the sack was opened at the Public-office? - A. One was opened.

Q.You do not mean to swear to the oats? - A. No.

JOHN LISLE sworn. - I am clerk to Mr. Lucas: On Tuesday night, the 20th of February, I went down to the wharf at Millbank, and being too late to get the oats out of the barge that night, I set Wilson on as watch to watch the oats in the barge; it might be about a quarter before seven at night; I saw him on board the craft, and left him. On Wednesday morning I went down, and saw them landed; some soldiers helped to land the oats, neither of them were the prisoners at the bar; they were all shot down, and the sacks were all counted right, and taken back to Putriss and Edwards's warehouse, in Horselydown; they were hired sacks.

Q. Belonging to Benjamin Putriss and William Edwards? - A. Yes; and on delivering them, there were three old sacks found, which did not belong to them.

Q. And there were no other sacks than their's in the barge? - A. No.

Q. You did not take them there yourself? - A. No; one of the sacks is one that has been in our granaries a long time, belonging to Putriss and Edwards.

Q.Cross-examined by Mr. Alley. Q. You put Wilson to watch? - A. Yes.

Q. You generally put an honest man to watch? - A. Yes; he had watched for us several times before.

Q. The sacks were all told right? - A. Yes.

Q. The oats were offered for sale on the 20th, and on the 21st you found all your oats right? - A. Yes.

Q. Then, of course, these could not be your oats? - A. I cannot say.

Q. Now, with respect to the sacks, they belonged to Putriss and Edwards? - A. Yes.

Q. He lets a great number of sacks, besides those that were in that barge? - A.Certainly.

Q. Therefore there was nothing wonderful in sacks having his name being found? - A.Certainly not. I do not say the oats were right, the sacks counted right.

Court. Q. On the 21st, you do not know whether the oats were right or not? - A. The oats were not measured; the sacks counted right when they were shot.

Court. Q.Did you examine the sacks, to see if they were right, or was it only the number that you counted? - A. We only counted the number.

GEORGE HAWKINS sworn. - I am a sadler: On the evening of Tuesday the 20th of February, as I was going out, I saw two men under my next door neighbour's window, and in a few minutes after, I saw two men bring two sacks into Mr. Mills's shop, between seven and eight o'clock in the evening; I can speak to the prisoner Selby being one of the men that brought the sacks into Mr. Mills's shop.

Cross-examined by Mr. Alley. Q. This was between seven and eight in the evening in February? - A. Yes.

Q. It was pretty dark at that time? - A. Yes.

Q. There was no occasion to take particular notice of any person that was passing? - A. I did not take particular notice. I mean to swear that Selby is one of the men.

Q. You were not in Mills's shop? - A. Yes, I was, when they brought the oats in.

Q. What sort of dress had he on? - A. I cannot tell; he had on a kind of smock-frock when he was in Mr. Mills's shop.

JOHN GREY sworn. - I am a lighterman: I took two hundred and fifty-four sacks of oats, and twenty sacks of barley, to Mr. Lucas's wharf, at Westminster; on Tuesday the 20th of February, about four o'clock, I walked up to Mr. Lucas's, to acquaint him that I had brought them there; I waited, and Mr. Lisle came, and said he would get a watchman, and I went about my business; I saw him bring a man to watch, but who he was I do not know.

ISRAEL BERRIDGE sworn. - I am a lighter-man: When the sacks were discharged, on the 24th, these two sacks were found amongst them, instead of the two that are missing, (producing them), that is all I know of it.

Cross-examined by Mr. Alley. Q. You say these two were left in the room of two others? - A. Yes.

Q. Were you on board the barge when they were first taken in? - A. No.

Q. Then you do not know whether these two were in the barge at the time the others were in, or whether they were put in afterwards? - A. I say these two sacks came in the room of Putriss and Edwards's.

Q. Then these two sacks must have been at first put into the barge, for any thing you know? - A. They might.

WILLIAM MESSENGER sworn. - I am an officer belonging to the Police-office, Queen-square, Westminster: I apprehended the prisoners on the 23d of February, Wilmot and Wilson in Dartmouth-row, and the other in Millbank-street, Westminster; I had the sacks of oats from Mr. Mills; it was sealed up, and returned to him in the same state.

Mr. Knapp. Q. You apprehended Wilmot in his lodgings, did not you? - A. Yes.

Mr. Alley. Q. And you apprehended the other two at their quarters? - A. Yes.

WILLIAM BOWYER sworn. - I am a Police-officer belonging to Queen-square: I apprehended Wilson and Wilmot in Dartmouth-row; that is all I know of it.

Q.(To Lisle). Look at the sacks? - A.These sacks are marked exactly the same as the other sacks that were in the barge, belonging to Messrs. Putriss and Edwards.

Mr. Knapp. Q. I believe there is no more common thing amongst lightermen, than that of lending sacks to each other? - A. I do not know that there is; the sack warehouses lend them out.

Q. And any other person, having sacks from the same warehouse, they would have the same marks? - A. They might.

Mr. Alley. As to these sacks, they are charged to be the property of Messrs. Putriss and Edwards, can you tell me who are the partners in the house of Putriss and Edwards? - A. I cannot say any more.

Q. There may be more partners in the house for any thing you know? - A. I cannot say.

Q. You will not swear to the oats? - A. No.

Q. If you had chanced to lose any of these sacks, you would have been answerable to Putriss and Edwards for them? - A. Yes.

Q. Have you any body here from Putriss and Edwards's? - A. No.

Mr. Knapp objected, that there being that which it

was indispensably necessary the prosecutor should prove, was not proved, and therefore submitted that it ought not to go to the Jury, upon the ground that the property was not sufficiently identified.

Mr. Alley. I apprehend, my Lord, that in all cases, it is necessary that where property is charged to lie in A, B, or C, there must be substantial proof that the property is properly so laid. Has it ever been heard, that when a person comes into Court, and says, we cannot say whether it belongs to A, B, or C, that that is sufficient to convict the prisoner, and it is not a sort of proof which cannot be got at. My Lord, there is another objection: This indictment charges the property to be in Putriss and Company, that is very unnecessary, because the regular, short, and clear way, would have been to have laid it to be in the lighterman, but here it is laid to be in Putriss and Company; and it appears in evidence, that the master of the witness hires the sacks of Putriss and Company, why is it not laid to be the property of Burgess and Company, the lightermen; for they are responsible for the loss for every sack that was deficient upon examination; upon the return of the sacks, they were to pay whatever was deficient. In consequence of the loss of sacks, it ought to have been stated to be the property of Burgess and Company, and not as the property of Putriss and Edwards, when there is nothing to shew that it was so; and, with respect to the oats, the man says he cannot swear to them.

Mr. Knapp. There is another observation, which I forgot to state to your Lordship: That it is necessary to prove the Christian names of Putriss and Edwards.

Court. I have no doubt at all that this is a case to go to a Jury. The first objection is, that there is no proof of identity; one of the witnesses certainly did state the names of both those parties.

Mr. Knapp. I beg your Lordship's pardon.

Court. I have so taken it.

Q.(To Lisle.) Did not you give in the names of the house of Putriss and Edwards? - A. Yes; I said, Benjamin Putriss and William Edwards. The sacks were marked B.P. and W. E.

Mr. Knapp. Q. Do you mean to swear that B.P. does not stand for Bartholomew Pope? - A. No.

Court. The property of these sacks may be decided by the marks upon them, which contain that property, and if the Jury are of opinion that the oats in that sack are the oats of Mr. Lucas, whether the sacks are sufficiently proved or not, there is a case to go to the Jury.

The prisoner, Wilmot, called two, and Wilson, three witnesses, who gave them a good character.

All Three NOT GUILTY .

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

Reference Number: t17980418-5

239. PATRICK READING and THOMAS FORD were indicted for breaking and entering the dwelling-house of Robert Ashmore , about the hour of one in the night of the 9th of March , with intent the goods, of the said Robert, therein being, to steal, take, and carry away, and burglariously stealing two silver table spoons, value 30s. twelve silver tea-spoons, value 40s. a pair of silver tea-tongs, value 10s, a silver pint mug, value 40s. a pair of silver shoe-buckles, value 16s. seven metal candlesticks, value 20s. a copper tea-kettle, value 4s. and a looking-glass with a wooden frame, value 8s. the property of the said Robert .

ROBERT ASHMORE sworn. - I keep a house, No. 27, in Old-street : My house was broke open on the 10th of March, in the morning; I was the last person up the night before, I fastened the doors, and bolted them; I went to bed about nine o'clock, I usually go to bed about that time; about half after one in the morning, my wife called me up, and said, the house was full of watchmen; I got up, and found the grooves, that the shutters went into, broke, and the shutter forced out. I missed a dressing-glass out of the shop, and the parlour behind was stripped entirely; I missed three pair of brass candlesticks, and one odd one, a silver pint mug, a half pint mug, a milk-pot, two table-spoons, a dozen of tea-spoons, tea-tongs, and a pair of silver shoe-buckles.

Q. Did you find any of your property afterwards? - A. The constable has found the things that will be produced.

JOHN GASS sworn. - I am a constable; I and Peach apprehended the prisoners on the 10th of March, at the Crown in Twister's-alley, Bunhill-row: I searched them, but found nothing upon them. I was upon duty that night, and I and the watchman gave the alarm to the family that the house was broke open, that was about half after one, I found the shutters broke in two, and the door open; and from the information of the lamplighter I went after the prisoners.

JOHN SHEFFIELD sworn. - I am a lamp-lighter: In the morning of the 10th of March, between one and two o'clock, I was lighting the lamps just by Mr. Ashmore's house, and while I was standing upon my ladder, I heard some people talking, I could see by my light that there were three men; when I went to the next lamp, I saw two of them cross the way to Ironmonger-row, which was nearly lacing; the man that was behind, turned up a

court, that was the prisoner Ford, I saw him stoop down as though he was easing himself; I went on about my business, and as I came home again, I saw three men in Ironmonger-row, I saw that they were the same men, and then I observed that the prisoner, Reading, was another of them; the other I do not know any thing about. The next morning, between eight and nine, I informed Gass, the constable of it.

Q. Did you see them go into any house? - A. No.

Q. Did you see them do any thing to Ashmore's house? - A. No.

Q.(To Gass.) In consequence of this information, did you make any search? - A. Yes; I went to that court, but it has no thoroughfare, there are a few houses in it, but they are mostly empty, it is called Well-and-bucket-court; there is a small gate-way going in that you can touch the ceiling with your hand, and there I saw two brass candlesticks sticking out from the lath and plaister, and behind the door of the first house in the court I found a copper tea-kettle; it was an empty house.

Q. Was the silver plate ever found? - A. No, not at all. I went with Peach to apprehend them, and when they were hand-cuffed together, one said to the other, "d-n you, don't split", that was Reading.

THOMAS WESTON sworn. - I am a patrol: between one and two o'clock, I was going my rounds, I saw the prisoner, Ford, with two other men, standing about twenty yards from the house, I cannot swear to the other; they were all standing and talking together.

BENJAMIN CASE sworn. - I am a watchman: I was coming round, and found the house broke open, I did not see the prisoners at all.

Both NOT GUILTY .

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17980418-6

240. AARON BAKER was indicted for feloniously stealing, on the 25th of October , ninety pounds weight of raw sugar, value 30s. the property of Robert Milligan and David Mitchell , in the ship called the Bushey Park, upon the navigable River Thames .

Second Count. Laying it to be the property of Roderick Morrison .

Third Count. Laying it to be the property of certain persons unknown.(The indictment stated by Mr. Jackson, and the case by Mr. Fielding.)

JOHN BRAMHAM sworn. - Examined by Mr. Knowlys. I am a waterman; I know the prisoner perfectly well; he is a waterman belonging to the Custom-house.

Q. Did you know the Bushey Park? - A. Yes; she laid off Wapping New-stairs , on the 25th or 26th of October, on the Middlesex side of the water; she was discharging sugar at that time; in the morning, about nine o'clock, I was standing upon the causeway at Wapping New-stairs, and I saw him bring ten lumpers on board his wherry, each of them loaded with sugar, from the Bushy Park.

Q. Is it permitted the Custom-house watermen to carry lumpers? - A. It is not, under pain of dismission, and he was upon the sick list besides; in the evening of the same day, I saw him again in his wherry, bringing them on shore again, and Millmett, a Custom-house officer, rowed after them in his boat; when he had landed the lumpers, Millmett took a lump of sugar out of his boat; three lumpers jumped out of his boat, but I did not see them have any thing; then I saw Aaron Baker hand some sugar out of the boat to one Archy Cockburn, who is gone off; he handed them from under the benches of his boat; Cockburn was a lumper.

Q.How near was Baker's boat to the Bushey Park? - A. So close, that they stepped out of the Bushy Park into the lighter, and out of the lighter into his boat.

Cross-examined by Mr. Knapp. Q. Have you been here very often? - A. Yes.

Q. You belong to the Custom-house? - A. Yes.

Q. And you were discharged? - A. Yes.

Q. They never discharge people for any good deeds, I believe? - A. I was discharged about some bad words with another officer.

Q. What bad words? - A. I detected an officer of the Customs robbing the Custom-house, and I took the goods away from him.

Q. And you mean the Jury to believe, that the Custom-house fools, as they are called, dismissed you for detecting a brother officer in robbing them? - A. It was for bad words.

Q. You were on board a tender, were not you? - A. Yes.

Q. You were not discharged from there? - A. I was, upon two persons being found to supply my place.

Court. I cannot take this as any imputation to the man's character; he was pressed.

Q. Did not you run away from the tender? - A. I ran away from the Leander.

Q. This affair happened the 25th or 26th of October? - A. Yes.

Q. When did you give the first information respecting it? - A. I gave it in November.

Q. How long after? - A. I dare say it was some weeks.

DAVID SANDEMAN sworn. - Examined by Mr.

Jackson. I am clerk to Robert Milligan and David Mitchell; the Captain's name is Roderick Morrison; her cargo consisted of sugar, coffee, and cotton; there were about nine hogsheads entirely empty of that part of the goods that were consigned to Milligan and Mitchell, when they came to the quays.

For the Prisoner.

JOHN MILLMETT sworn. - Examined by Mr. Knapp. I am a Custom-house officer.

Q. Do you remember towing Baker's boat? - A. I remember rowing along-side Baker's boat the latter end of-October last.

Q. Did you see Bramham take sugar out of any boat? - A. No.

Q. Did you see any sugar taken out? - A. Yes, I took it out; there were four lumpers in the boat, and one of them had a load of sugar round his body under his cloaths.

Q. Did you leave any in the boat, or about the lumpers? - A. No.

Q. Was there any taken from any body on shore? - A. None that I know of.

Q. If any body has sworn that there were bags of sugar left in the boat, is it true or false? - A. It is false.

Q. Then you mean to swear that no bags of sugar were left in the boat? - A. Not at the time that I rummaged her.

Q. Did you see Bramham rowing along-side? - A. No.

THOMAS MORGAN sworn. - I am an Excise officer; I was stationed on board the Bushey Park, at the time she was unlading; I was on board all day and all night.

Q. In the course of the day did you walk the decks? - A.Either on the decks or below.

Q. How many officers were there on board? - A. Five.

Q. Was the captain on board at that time? - A. The captain was very seldom on board.

Q. But there were always five officers on board? A. Yes, and the owner.

Q. Was the owner on board all the time of unlading? - A. Yes.

Q. Was he on board any time, from the 20th to the 30th of the month? - A. Every day generally; he came, generally, about nine o'clock, and staid the whole day long.

Q. Do you think it possible for any body to have taken any thing out of the ship, without the officers observing it, and being stopped? - A. I should think not.

Cross-examined by Mr. Fielding. Q. There were five officers on board the ship? - A. Yes; two Excise, and three Custom-house officers.

Q. And are you all upon deck, or where? - A. Sometimes upon deck, and sometimes in one place, and sometimes in another.

Q. I suppose, at the time of the lumpers going away, you are sometimes upon the deck, and sometimes below? - A. When they are going, we wish to be upon deck.

Court. Q. Do you know how many hogsheads of sugar there were on board this vessel? - A. I cannot form an idea.

Q. You kept plenty of watch over all the property on board? - A. As far as I know I did.

Q. Were any of the hogsheads emptied of the sugar? - A.There was a great deal washed away by the badness of the weather.

Q. And none taken out, but what was washed away by the badness of the weather? - A. No.

Q. That you swear? - A. Yes.

Court. (To Sandeman). Q. Did you see her come into port? - A. I did not.

Q. Did you observe the contents before you saw the nine empty hogsheads taken out? - A. I did not.

Mr. Fielding. Q. Do you know what became of the mate of that ship? - A. I do not know any thing of him.

Q. Upon your oath, do not you know that he ran away? - A. I do not know whether he ran away or walked away.

Q. Do you know from information, or your own knowledge, or any way, that he ran away from the ship? - A. I never heard any thing at all about him since he quitted the ship.

Q. Have you ever heard from the owners, that the deficiency was very considerable? - A. No; I heard nothing more than it was washed away, and a great deal of it restored.

JOSEPH WRIGHT sworn. - Examined by Mr. Knapp. I am a Custom-house officer: I was stationed on board the Bushey Park in October.

Q. Were you there at the time she was cleared out? - A. No, I was taken off to go to an Indiaman; I saw part of the delivery of her cargo; I am not sure whether it was the 25th or 26th that I was taken off, I was there twenty-one days; I took the account of the cargo, and delivered the cargo.

Q. Was Morgan there? - A. Yes.

Q. Was Loughton there? - A. I do not think he was.

Q. Was the owner of the ship there? - A. Yes, he was there during the chief part of the delivery of the cargo.

Court. Q. What is the name of the owner? - A. Captain Lowry. He is part-owner of the Bushey Park, and gave his attendance on board the chief part of the time.

Mr. Knapp. Q. We have heard the last witness talk about washing? - A. When I went in, out of the whole delivery, there were more than fourteen or fifteen hogsheads, the chief part of them washed out, through bad stowage; it frequently happens so.

Q. If lumpers or other persons came on board for the purpose of taking away this sugar, you, giving your attendance on board twenty-one days, should not you, and the other officers, have seen it? - A. I should think so.

Q. Upon your oath, did any thing, with your knowledge, go out of the ship? - A. No, it did not, to my knowledge, more than what was put into the craft.

Cross-examined by Mr. Knowlys. Q. You say, it is impossible for any person to take a bag of sugar out of the ship without your observing it? - A. No, it is not impossible; but they might take it while I am writing, and taking an account.

Q. Upon your oath, do not you know that there was great plunderage on board the Bushey Park? - A. There was not, to my knowledge.

Q. Have you never heard that there was great plunderage on board that ship? - A. Never.

Q. From that time to this, have you not heard that it was plundered? - A. Not till the last trials.

Q. Do you mean to say you were not present before the Magistrate, when people have been there about it? - A. No; I have been down at Purfleet.

Mr. Knapp. Q. Is it not the duty of the Custom-house officers,upon any person going out of the ship, to examine them? - A. Yes; and we always pay that attention.

Q. And did you, during that attention, find any sugar? - A. It is the duty of the officers on board.

Court. Q. Do you know Aaron Baker ? - A. Yes; I know him as an officer on the water.

Q. Did you see the boat near the Bushey Park? - A. No, I never did.

Q. Did you see any lumpers in his boat? - A. I never saw his boat, to my knowledge.

Court. Q.(To Millmott). You said you were alongside Baker's boat, where was Baker's boat at that time? - A. Near the starboard quarter of the Bushey Park, sometime after six in the evening.

Q. Did you observe from what ship she came? - A. They came over a lighter that laid between the boat and the Bushey Park. My attendance was chiefly in taking the cargo.

Court. Q. Where was your situation principally? - A. On the deck. The cargo was delivered in a very short time; about nineteen or twenty days.

Prisoner. I wish to say a few words in my defence. I am innocent of the charge, and I cannot be answerable for what people have secreted round their bodies; these lumpers have large frocks and trowsers on; they had nothing about them but what was secreted about their bodies; they had nothing that I could see, or any body else; it is my duty, as a waterman, to carry them backwards and forwards.

JOHN LOUGHTON sworn. - Examined by Mr. Alley. I am an Excise officer.

Q. Do you remember the Bushey Park unloading? - Q. Yes; I was on board her for the purpose of watching the property. The owner was there every day almost; there were five officers on board.

Q. Was it possible, do you think, for any person to take any sugar out of that ship, without either them or the captain observing it? - A. I should think not.

Q. Is it usual, when persons are leaving the ship, to search them? - A. Yes; if they appear any way bulky, we always examine them.

Q. Does it not frequently happen, that from bad weather, there is what you call washing, and a considerable deficiency? - A. Yes, very common; and that was the case with that ship.

The prisoner called six other witnesses, who had known him from five to twenty years, and gave him an excellent character.

NOT GUILTY .

Tried by the second Middlesex Jury, before Lord KENYON.

Reference Number: t17980418-7

241. JOHN AIKIN was indicted for forging and counterfeiting, on the 1st of March , a Bank of England note for the sum of two pounds, with intent to defraud the Governor and Company of the Bank of England .

Second Count. With feloniously disposing of, and putting away, a certain Bank note, as and for a true Bank note, knowing it to be forged, with the like intention.

Third Count: Laying the intention to be to defraud John Aikin , woollen-draper .

There were nine other Counts, in the indictment, for a similar offence, varying the manner of charging them.(The indictment was stated by Mr. Giles, and the case by Mr. Garrow.)

JOHN AIKIN sworn. - Examined by Mr. Knowlys. I am a woollen-draper in St. Martin's lane : On the first of March, the prisoner came to my shop and purchased a remnant of velveteen, for which he gave me a two pound note; I looked at the note, and said, bless me, I wish they had put a little more ink upon it; he said he would give me another; I said, I did not wish to be particular about the matter, I had no reason to say it was a bad

one, and then I gave him the change for it. (The note shewn to the witness).

Q. Is that the note? - A. It has very much the appearance of the note, I believe it is; I put no name upon it.

Q. Did you observe any thing remarkable upon the note at the time it was tendered to you? - A. I did not take any particular notice, only from the paleness.

Q. To whom did you pay that note? - A. To Mr. Warberton.

Q. Are you sure of that? - A. I have no doubt of it.

Court. Q. Did you pay him any other note at the same time? - A. No.

Cross-examined by Mr. Knapp. Q. That note I apprehend has been out of your possession ever since? - A. Yes.

Q. You put no mark upon it? - A. No.

Q. Therefore you cannot undertake to say that that is the note you received from the prisoner? - A. I believe it to be so.

Q. Did he describe to you where he lived? - A. Yes.

Q. Was the description he gave of himself, after you spoke of the paleness of the ink? - A. I believe it was.

Q. What account did he give of himself? - A. I do not recollect that he told me, at that time, where he lived.

Q. Did he tell you afterwards what he was? - A. He told me he was a serjeant in the guards.

Q. Did he tell you what regiment he belonged to? - A. I do not recollect that he did, but I knew what regiment he belonged to by the make of his clothes. He said, he lodged in Orchard-street, Westminster.

Q. Did you find that account to be true upon enquiry? - A. I did, every thing that he said.

Mr. Knowlys. Q. When was it that he gave you this account of who he was? - A.The Sunday morning following, when he was with Mr. Bliss, the officer of the Bank.

Q. Did he, before that Sunday morning, when he was in the custody of Mr. Bliss, tell you who he was, or where he lived? - A. I do not recollect that he did.

Court. Q. How came you to know where to find him? - A. Knowing he was in the Guards, and of the same name with myself, it was easy to find him out; he told me, while he was talking to me, that he was of the same name with myself. Mr. Warberton and I, on the Saturday, stopped a serjeant, and asked him if he knew where he was; he said, we should find him upon the King's guard, We went there and found him; I asked him if he recollected such a note; he said, he did.

Q. Did he not attempt to deny it? - A. No. He said he took it of serjeant Darlow; he went away about his business, and we left him. I told him, on the Sunday morning, a gentleman from the Bank would call upon me with the note; he said, he should be ready to meet us at a quarter before twelve; we then parted. And the next morning, Mr. Bliss went with me; we found him at the King's guard again, and he acknowledged that he thought it was the same note. The prisoner and I then all went to serjeant Darlow's; the prisoner said, he had the note of serjeant Darlow. Mr. Bliss presented the note to serjeant Darlow, and he said, he had given him a note, but it was not the same note.

Q. Did he say what valued note he had given him? - A. A two pound.

Q. What passed after this - when did you see the prisoner again? - A. I think at Cold-Bath-fields.

Q. Did you agree, before you parted with the prisoner and serjeant Darlow, to meet again? - A. Yes; the prisoner and Mr. Bliss were to come to my house the next morning, with intent to go to the Bank, to see if they could do any thing in it. They came, but I did not go with them.

PETER DARLOW sworn. - Examined by Mr. Giles. I am a serjeant belonging to the 77th regiment.

Q. Do you know the prisoner at the bar, John Aikin? - A. I have seen him; I have no great acquaintance with him.

Q. Look at that note, and say, upon your oath, whether you passed that note to the prisoner? - A. I did not.

Q. Where did you first see that note? - A. I saw it with Mr. Bliss, the officer of the Bank, upon the Sunday after I had paid him a two pound note.

Q. You did pay him a two pound note upon the 26th of February? - A. Yes; for bringing a recruit, who was discharged for being under size.

Q. Are you positive that is not the note? - A. I am very sure of it.

Cross-examined by Mr. Alley. Q. You belong to a marching regiment? - A. Yes.

Q. Did it happen to you, at any time, to be taken up, and charged with forging this note yourself? - A. No.

Q. Were not you in custody for it? - A. I was, at the Bank, a little time.

Q. Were not you before my Lord-Mayor, and sent into custody by him? - A. No; never in my life.

Q. And they sent to your house from the Bank, to see if you had any other notes? - A. Yes.

Q. Was any body present at the time you gave him the two pound note? - A. No.

Court. Q. Do you know who the note you gave him was made payable to? - A. I do not know.

Q. Do you know the number? - A. No.

Q. Do you know who it was signed by? - A.

No; it was quite a new note, I had fourteen of the same that I had got in change for a forty pound note.

Court. Q. Can you read that note? - A. I cannot; it mentions two pounds at the top, I cannot read any thing else.

Court. Gentlemen of the Jury. I protect I cannot entertain a suspicion against this man; so far from there being evidence to convict him, it does not raise even a suspicion in my mind; for, if every man into whose hands a forged note might fall were to be convicted, in a perilous situation are we all. In this case, the man behaves in the most candid manner upon earth, he tells who he is, and does not absent himself, though he finds suspicions increasing from day to day; he does not act as a man who is conscious that he has done wrong. Gentlemen, I will not introduce suspicions obliquely at any body at all, it is enough for me to say, that this man is now called upon to answer to this weighty charge, and the learned Counsel, who, undoubtedly, possesses great abilities, and, in conducting public prosecutions, great candour, tells me he can carry his case no farther. The prisoner has put himself upon his country, but upon this evidence, I should be shocked to suppose, that any man could be called upon to answer for an offence almost out of the reach of pardon, if it is true; I must advise you, therefore, immediately to acquit him. NOT GUILTY .

Tried by the second Middlesex Jury, before Lord KENYON.

242. JOHN AIKIN was again indicted for a similar offence .

The Counsel for the prosecution offering no evidence, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury, before Lord KENYON.

Reference Number: t17980418-8

243. BARNETT BARNETT and SOLOMON LEVY were indicted for putting off to one Stephen Edlin , on the 4th of April , thirteen counterfeit shillings for six good shillings .(The indictment was stated by Mr. Ward, and the case by Mr. Garrow).

But the offence being charged in the indictment to have been committed in the County of Middlesex, and it appearing in evidence, that it was committed in the City of London, the prisoners were Both ACQUITTED .

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

Reference Number: t17980418-9

244. JOSHUA, otherwise TAYLOR HALL , was indicted for feloniously stealing, on the 16th of September , a horse, value 6l. the property of Henry Thompson .

The prosecutor not appearing, and, from the testimony of the other witnesses, it appearing that the offence was committed in the County of Essex, the prisoner was ACQUITTED .

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

Reference Number: t17980418-10

245. CHARLES BIRD was indicted for feloniously stealing, on the 21st of March , three quart bottles, value 6d. and three quarts of red port wine, value 6s. the property of Richard Corrall , Esq. (The case was opened by Mr. Alley.)

RICHARD CORRALL , Esq. sworn. - I am Paymaster to the 15th Regiment of Light Dragoons , I had the care of the wine of the officers' mess, there was some of it stolen from Hounslow Barracks : On the 21st of March, I saw the prisoner's basket standing in the passage of the barracks, with a few nails, screws, and other things, it remained there for several hours; at about half past three, or a quarter before four, I observed the prisoner going from the officers' barracks, I followed him across the Barrack-yard into the Canteen; I apprehended him with the same basket that I saw in the barracks, I searched the basket, and there were some tools, and three bottles of port wine, with the marks upon the bottles that we had upon the whole of our wine.

Q. Who lays in the wine? - A. I laid in that quantity; I am accountable for it, as it is drank the money is paid to me. I said to him, I have been able, at last, to find out who the thief is; I went to the guard-room, and told him he had taken a great deal more; he said it was his first offence, and that he found it at the bottom of the stairs; the constable has the wine.

Cross-examined by Mr. Knapp. Q. You are answerable for the wine, you say? - A. Yes.

Q. You do not deliver it out? - A. No, the serjeant major.

Q. And he has the key of the place? - A. Yes.

Court. I think he has sufficient property in it.

Mr. Knapp. Q. This basket lay there for some hours? - A. Yes.

Q. He was not with it all the time? - A. No.

Q. Therefore what might have been done with it in the mean time you do not know? - A. No.

GUILTY .

Privately whipped and discharged.

Tried by the second Middlesex Jury, before Lord KENYON.

Reference Number: t17980418-11

246. HANNAH CHAMPION was indicted for the wilful murder of a male child of the age of five weeks .

JAMES KENNEDY sworn. - I am an officer be

longing to Marlborough-street: The Magistrate desired me to carry on the prosecution, because there was no prosecutor; that is all that I know of it.

ELIZABETH HUGHES sworn. - I took the child out of the water-tub, dead, it was a male child; the water-tub was quite full of water.

Q. Do you know how the child came to be put into the tub of water? - A. No; the mother of the child told me, the man that took it away had either put it into the necessary or into the water-tub.

Mr. Knapp. Q. At the time that this mother of the child said so, was not she very much agitated, and affected? - A. She was very much overcome, and in great trouble.

Q. Do you know whether she staid in the house, or ran out of the house? - A. She ran out of the house for her sister, crying and lamenting very much.

Q.Lamenting what? - A. For the loss of her child.

MARY ETHERINGTON sworn. - I took the child out of the tub, that is all I know about it.

ELIZABETH KEATON sworn. - Upon the alarm being given, my husband was called out by the prisoner's sister-in-law, Ann Champion, for him to assist in getting their door open, at No.12, in Skinner-street , where the child was drowned, and I followed him; and when Ann Champion got back, the door was fast; we got in, and I saw the child in the tub, I helped to take it out; that is all that I know of it.

Q. Was the child naked or dressed? - A. It had its night-dress on.

FOYCE CHAMPION sworn. - The prisoner is my sister.

Q. Is the prisoner a married woman? - A. No.

Q. Had she had a bastard child? - A. Yes.

Q. What age was it? - A. It was a boy, about five weeks old. All I know about it is, that this child was found in the water-tub; I did not see it in the tub.

Q. Do you know how it came there? - A. No more than what my wife said.

Q. Who is the reputed father of the child? - A. Michael Matthews.

Q. Had she been before the Magistrate to father the child? - A. Not till after this accident happened.

ELIZABETH CHAMPION sworn. - I am sister-in-law to the prisoner.

Q. The prisoner had had this male child? - A. Yes.

Q. Did she nurse the child herself? - A. Yes.

Q. Where did she live? - A. With me and my husband.

Q. Did she seem fond of the child? - A. Yes, remarkably fond of it.

Q. When was the last time you saw the child previous to its being found in the tub? - A. I saw the child about six o'clock in the evening alive.

Q. On the day the child was found drowned? - A. Yes.

Q. Who had the care of the child then? - A. The prisoner was nursing it in her arms.

Q. With apparent affection and attention? - A. Yes.

Q. What time was it found in the tub? - A. About nine o'clock in the evening.

Q. Did you see Matthews in the interval? - A. Not that evening, that I know of.

Q. Was she in your house during the whole of that interval, from six o'clock till the time it was found? - A. I believe she was; I cannot say.

Q. Was he in the house at all that evening? - A. Not till after the circumstance happened.

Q. What time was it? - A. Between eleven and twelve o'clock; my husband had been down and informed him of it.

Q. What became of the prisoner after six o'clock? - A. I left her at home when I went out; and at about half past seven, she came to me at my mother's, about twelve yards from our own house; she came to me crying, and told me to come home; I asked her, what was the matter, and she said again, come home; I went out of doors with her, and asked her, is there any thing the matter at home; she said, yes, I dare say the child is dead, I dare say it is killed by now; she said, there was a man came into the house, and took it from her.

Q. Did she say what man? - A. No, she said she did not know the man; he said he would kill the child, and he said he would throw it into the privy, or else into the water-tub; it alarmed me, and I went towards the door; and she said, do not go by youself, for I have left the door open; when I came I found the door was shut.

Q. How soon did you go from your mother's to your own house, after she called you to her assistance? - A.Directly.

Q. Did you see any body there? - A. No.

Q. Were none of your own family at home at the time? - A. No, there was nobody at home. I asked a man to get over the next yard, and open the door for us.

Q. How long was it before you found the child after that? - A. An hour and a half.

Q. How happened that, if she told you that the man said he would put it in the tub, or else in the privy? - A. We took a board, and it was not long enough to reach the bottom, and afterwards we took a long broom.

Q. Had she, during her being with-child, concealed it at all? - A. NO.

Q. Did she appear always affectionate to the child? - A. She was.

Q. What had been her situation in life? - A. She had been servant, before she came to us, to the father of the child.

Q. Who was this man? - A. A baker's son, in the neighbourhood.

Q. Did he contribute to the expence of the child? - A. Yes.

Q. Was it dark when you came home? - A. Yes.

Q.(To Hughes.) What time of the evening was it that you saw her running out of the house, crying for the loss of her child? - A. Between seven and eight o'clock; I was in my own house, which is about four minutes walk from her's.

Q. Did you see any man about the house? - A.No.

Q. Did she describe the man? - A. Yes, she did.

Q. But did she say who he was? - A. No; she said she should not know him again. She said he had a round hat on, his hair tied behind, and a great coat on.

Q. She did not intimate a suspicion who he was? - A. No; she said she could not know him again.

Mrs. Champion. Cross-examined by Mr. Knapp.

Q. I understood you to tell my Lord that, during the whole time that the child lived, she was a very affectionate parent? - A. Yes.

Q. She appeared to express unfeigned sorrow at the loss of her child? - A. Yes.

Q. Did this man, the father of the child, continue the maintenance of the child up to the time of the death? - A. He did not pay us regular, but he was to pay us.

Q. How much does he owe now? - Champion. He owes me nearly five pounds now.

Q. The prisoner lived in his father's service? - A. Yes.

Q. And he at that time lived with his father? - Yes.

Court.(To Mrs. Champion.) Q. When you saw the child, in the arms of its mother, before you went out, how was the child dressed? - A. It had its day-clothes on.

Q. And what became of its day-clothes? - A. They are at our house now; they were folded up, and put upon the table, the same as they used to be at night.

Q. Was there any thing fastened to the child? - A. Yes, there was a brick; but I did not see it.

Q.(To Mrs. Etherington.) Did you see the child taken out? - A. Yes.

Q. Was there any thing fastened to the child's clothes to sink it? - A. Yes, there was a piece of brick; the child's blanket was pinned at the feet, and that kept the brick in.

For the Prisoner.

MARTHA CUDD sworn. - Examined by Mr. Knapp. I live at No. 10, Brill, Somer's-Town, just by where the prisoner lives.

Q. Do you remember the night that this happened? - A. Yes.

Q. Do you remember any body coming to your house that night, and at what time? - A.About four o'clock in the afternoon, a gentlemen opened the door and came in.

Prisoner. I wish to speak in my own behalf A gentleman came to my brother's house the same evening; he knocked at the door, and asked for Mr. Champion, I told him he was not within; he told me, he saw Mr. Champion last night, crossing Newgate-street, and he told him he would be at his house that evening, to give him an order for two dozen of shoes; I asked him to walk in; after sitting a while, he asked me if I was any relation to Mr. Champion, I told him I was his sister; he jumped up, and said, that was his child, and insisted upon having it; he drew a pistol from under his coat, and said he intended to murder the child before he went away, and he should throw it either into the vault, or into the water-cistern.

Cudd. A gentleman came into my house that afternoon, and opened the door, and came in; he asked if I had not a nurse child, I said, no sir, I have no nurse child, nor there is no nurse child in this Row; he said, it must be there somewhere; I said, no sir, it is not, there is no nurse child here; and he kept the door open a considerable time, and seemed in great trouble about the child; then he went to the next door, and said the child was dressed in a Quaker-coloured bonnet, and he would find the child, if possible; he was much agitated, and seemed in a deal of trouble about the child.

Q. Had you ever seen that gentleman before? - A. No; I had been in bed, and had not been out for two months before.

Mrs. STEVENS sworn. - Examined by Mr. Kanpp.

Q. You lived next door but one to the last witness? - A. Yes.

Q. Do you remember a gentleman coming to your house? - A. Yes; he jumped over the pales from Mrs. Cudd's, and came to mine; he asked me if I had got a nurse child about four months old, with a straw bonnet, and pink ribbons; I said, no, I had not; he said, did I know of any such child in the neighbourhood, -

Q. Did the gentleman, making this enquiry, appear to be cool and collected; or otherwise? - A. He seemed to be like a gentleman out of his mind all of a flutter, and all of a tremble.

Q. Had you ever seen that gentleman before? - A. No; he then went towards the Brill.

Q. Was the Brill in his way from your house to Skinner-street? - A. Yes, as straight as a line.

Court. Q. What time was it that he came to your house? - A. Between four and five.

Q. When did you first give this account to any body? - A. The very next day.

Q.Recollect, you are upon your oath? - A. Yes; to the best of my recollection it was the next day.

CATHERINE GOULD sworn. - Examined by Mr. Knapp. Q. You live next door to Champion? - A. Yes.

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

Q. Do you know of her having a child? - A. Yes.

Q. Did she appear an attentive fond mother to her child? - A. For all that ever I saw.

Q. Had you seen the prisoner that evening with her child? - A. Yes, at the door.

Court. Q. At what hour did you see her? - A. It was sometime about six o' clock; a little after or before, I cannot say. I said the child was getting on; she said, it was a little child a good while, but, thank God, now, it was getting on.

Q. Did she suckle her child? - A. Yes.

Court. Q. You lived next door? - A. Yes.

Q. Did you hear any cry of distress, or help? - A. No.

Summing up.

Court. Gentlemen of the Jury. This indictment charges the prisoner with the greatest offence that can be committed by a human being, under the aggravated circumstances of the object of it being a poor unprotected child, the fruit of her own body, when it had no power to struggle for the preservation of its own existence.

Gentleman. This is a case which deserves all your attention. There are circumstances so extraordinary in it, that those who look at it superficially, will hardly, perhaps, be prepared to decide, with satisfaction to their own minds, to what the death of this child was owing. It is an arduous task that is thrown upon you, and you must decide; considering the case with fair mercy and indulgence to the prisoner, taking care at the same time, that false mercy does not supersede that duty which you owe to society, that offences of this mighty magnitude, if they are committed, may not remain un punished.

Gentlemen. That the offence of murder has been committed, there is no doubt upon earth, and the single enquiry here is, to whom that guilt attaches. (Here the noble and learned Judge summed up the evidence to the Jury).

Now, Gentlemen, Upon this evidence you are to decide by what means this child came by its death; and it is not necessary, in ascertaining the guilt or innocence of a person, that parties should be present seeing the blow inflicted, or the thing done, which produced the death of the child; if there are pregnant convincing circumstances, which work conviction upon your minds, that is the evidence which you will follow, when your aim is to arrive at the truth of the case; and as I said in the outset, I say again, this is a case which calls for all your attention, and all your deliberation: and, with respect to this prisoner, with you are the issues of life or death, for if you impute guilt to her it is impossible that mercy can interpose between the conviction and the consequences of that conviction, the execution of the law upon her. The case against the prisoner leaves the child in possession of the mother, in full health; the child is found dead; there was no other person in the house, and there was no communication with any other person, which could tend to produce the death of the child. Then the evidence brought by the witnesses for the prisoner, is a very extraordinary story, and you are to say whether it is a true history of the transaction, that a man, God knows who not known to the prisoner at the bar, should go to these two houses in the neighbourhood, and enquire, at an early hour, for a child, with no view but to murder it, is a very extraordinary occurrence; that, afterwards he should go to this woman, having no connection with her, and put the child to death. If one stops and considers what should act upon the human mind to produce such consequences, one is lost and bewildered in the enquiry - But how is the child found? Why it is found stripped of its day-clothes, and its day-clothes were folded up and deposited in the place in which the mother used to deposit them:- Well, is all this done suddenly? there is time taken, the petticoats are pinned up, and a brick pinned up in them, in order to produce with more certainly, the death of the child, by sinking it in the water-tub. Could this be done immediately? Where do we hear of her crying out for help? The house is in a row of small house; the next door neighbour hears no outcry, and nobody appears to have called out for help.

Gentlemen. This is the evidence, and these are the observations which my situation extorts from me to make; you are to draw the conclusion; you are to consider the case with all the leanings of humanity that justice will permit, but, remembering always, that you are not to lose sight of justice; that here is an inquisition for blood, a fellow-creature has been deprived of life. and somebody is guilty of it; whether the prisoner is guilty or not, you will answer by your verdict.

NOT GUILTY .

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17980418-12

247. MARIA EDWARDS was indicted for feloniously stealing, on the 21st of March , two wine glasses, value 6d. two glass rummers, value 6d. and seven glass cruets, value 2s. the property of Francis Moody .

FRANCIS MOODY sworn. - I live at the George and Blue Boar inn, Holborn : I lost two wine glasses, two glass rummers, and seven small cruets, out of one of the parlours facing the street, on the 21st of March; they were on the side-board. I do not know any thing of the prisoner. I was waiter there, and am responsible for the glasses.

ANN BATTLE sworn. - I am servant to Mr. Miller, who keeps the George and Blue Boar: I was in the room about five minutes before the prisoner came in; I left the glasses there. I saw the prisoner come out with something in her apron; I went into the room and missed seven cruets; I apprized the waiter of it, and he went after her.

Moody. I followed her down Holborn; she went into a public-house, and I lost sight of her; she offered the glasses and cruets to sell, with my name upon them, to the mistress of the public-house, but she is not here, she is dangerously ill in bed. She came again in about an hour into the same room, and I laid hold of her; she denied having been there before; she said, she wanted some beer. Her apron had some stains upon it; the cruets had contained different sauces for fish. I asked her what she had done with them, and she said, she did not know any thing of it. There was Cayenne, soy and ketchup, upon her apron, and salt and vinegar.

Prisoner's defence. I went in for some beer; the waiter told me, he did not sell beer; I had put down a shilling; I went away, and forgot my shilling. I had got almost to the bottom of Holborn, and I went back for my shilling; and he laid hold of me, and said, he was glad I was come back again, for he had lost some cruets. He began stripping me and using me very indecently; and the master kicked me so that I shall never be able to get my bread again.

JAMES FORD sworn. - I am not in business, I have been a publican: The prisoner lived with me a year and a half; she used to get a little liquor sometimes, and then she would be refractory.

Moody. She did not leave a shilling.

Battle. I am certain that she is the same woman that I saw come into the house both times.

NOT GUILTY .

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17980418-13

248. JAMES M'COULL was indicted for feloniously receiving, on the 2d of March , a large quantity of muslins, calicoes, shawls, &c. the property of John Baker , of which Richard Seare and Thomas Wood were, in due form of law, tried and convicted of stealing, he knowing the same goods to have been stolen .(The indictment was opened by Mr. Knapp, and the case by Mr. Const.)

But it appearing from the opening of the learned Counsel, that he had no evidence to offer but that of the person whose goods were stolen, and that of the accomplice, the Court directed the Jury to find the prisoner

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980418-14

249. SOPHIA BAILEY was indicted for feloniously stealing, on the 18th of March , a piece of gold coin called a guinea , the property of Harry Trotman .

HARRY TROTMAN sworn. - I am journeyman baker : On Sunday the 18th of March, I was going home, I met the prisoner, she asked me where I was going; I said, this way; says she, I am going this way too; she asked me if I would give her any thing to drink, and I went in with her to the Rose Tavern in King-street ; she asked me to go up stairs with her, and I went up stairs; she ordered some brandy and shrub, and the landlady said it would come to fourteen pence, and I had only a shilling and a guinea, and I would not change, and then she brought in a shillingsworth; then the prisoner wanted to see my guinea, she attempted several times to feel in my pocket for it, and I would not let her see the guinea; she put her hand into my waistcoat pocket along-side of mine, when I had been in the room about five or six minutes; as I was coming away, putting on my gloves, she whipped both her hands into my waistcoat pockets, one in one pocket, and the other in the other, and took my guinea out.

Q. Did you see the guinea in her hand? - A.No, she threw it away some how, I could not see it; she whipped her hands behind her, and what became of the guinea I cannot say; I accused her with it, and she said she had not got it; I desired her to return the guinea, or I should charge the watch with her; I sent for the landlady up, and she desired her to return it; she said, she had got no such thing, it was only a halfpenny; Mrs. Smith sent for the watchman, and the watch was not set.

Q. Is she here? - A. No.

Q. Is there no other witness here but yourself? - A. No; I kept her till the watch set, and then she was taken to the watch-house.

Q. Did you ever find your guinea? - A. No.

Q. How long were you in the room with her? - A. Near three quarters of an hour; by that time the watchman came.

Q. How long were you there before the watch was sent for? - A. Ten minutes, or a quarter of an hour.

Q. Did you give her any money? - A. No.

Q. Had you no connection with her? - A. No, no connection at all.

Q. Were you drunk or sober? - A.Perfectly sober.

Prisoner's defence. He came down to me this morning, and gave me some beer, and said he would not say more than he could help, as I had not the guinea; I was searched twice, and I never had the guinea.

NOT GUILTY .

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

Reference Number: t17980418-15

250. CHARLES BATCHELLOR was indicted for that he, on the 23d of December , upon Elizabeth Agar , did make an assault, and her, the said Elizabeth, against her will, did ravish, and carnally know .

NOT GUILTY .

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

Reference Number: t17980418-16

251. MARTHA ADAMS was indicted for feloniously stealing, on the 25th of March , a half-crown, and 9s. 6d. in monies numbered , the property of Joseph Wright .

JOSEPH WRIGHT sworn. - I am a journeyman printer : As I was going down Drury-lane , on a Sunday evening, the prisoner met me, took hold of my arm, and walked with me about ten yards; I had been spending the evening with some friends, I had no watch, and there was no clock in the room, but as near as I can guess it was about twelve o'clock, I was not sober; after the prisoner had walked a little way with me she got before me, and I found her hand in my waistcoat pocket; I had sixteen shillings in my pocket, and upon putting her away some of the silver dropped out of my waistcoat pocket upon the pavement, what it was I do not know; I told her she had taken the money out of my pocket; she said she had not, and ran across the way; I went after her, laid hold of her, and called watch, and she was taken to St. Martin's watch-house; she said, she had only two shillings, she pulled a huffif out of her pocket, and laid it on the table; the constable ordered her to be searched, but nothing was found; the constable took up the huffif, and found lying under it ten shillings good, one bad, and a half-crown.

JOSEPH THOMPSON sworn. - I was constable of the night, (produces the money); I found this money upon the table, under the huffif which the prisoner had placed there; she said, she had got but two shillings.

Wright. There is one shilling that I can swear to by a black spot on the bent side, I remarked it particularly on the Saturday night.

Prisoner's defence. I am an unfortunate woman; the prosecutor was very much in liquor, and he told me he would give me half-a-crown if I would take him home to my lodgings; the money that I had was money that I had collected to go into the hospital with, having a very bad leg.

NOT GUILTY .

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

Reference Number: t17980418-17

252. CHARLES NELSON was indicted for feloniously stealing, on the 23d of February , a loin of mutton, value 2s. the property of Thomas Higham .

THOMAS HIGHAM sworn. - I am a butcher in Whitecross-street : On the 23d of February, at seven in the evening, I was up stairs settling my books; I was called down, and there was the prisoner and one Barnes; he asked me if I had lost any thing, and produced a loin of mutton, which I knew to be mine, by one steak being cut off.

Q. If one steak was cut off, could you afterwards sell it for a loin of mutton? - A. Yes; if they did not ask me any thing about it, I should sell it for a loin of mutton. I had missed it from the place where I had laid it about a quarter of an hour before.

Cross-examined by Mr. Knapp. Q. You don't know, of your own knowledge, that the mutton was taken away? - A. No.

Q. And you cannot yourself swear that your wife did not sell it while you were up stairs? - A. No.

Q. There are a certain number of bones in a loin of mutton? - A. Yes.

Q. Then, if there is a bone or two less, it is not a loin of mutton? - A. Yes, it is.

Q. A part of a loin cannot be the whole loin? - A. I should call this a loin of mutton.

Q.Your wife is not here? - A. No.

JOHN BARNES sworn. - I am a butcher: On the 23d of February, about seven in the evening, I was sitting in my own shop, I was informed Mr. Higham had been robbed, and I went in pursuit of the person; I went up an alley, and met a lad, I could not see any body else, but I heard the found of a foot before me; I pursued almost to the top of the alley, and then I perceived somebody turn down another alley, that leads into the same street, that was the prisoner at the bar; upon his seeing me, he stopped from a run to a walk; I went up to him, and caught hold of him by the right arm; I said, my lad, what have you got here, he said he had got a piece of meat; he had got the mutton in his apron; he refused to go back with me, till I insisted upon it; I took him back to Mr. Higham's shop, which was about fourscore or a hundred yards; the servant called Mr. Higham down, I asked him if that was his mutton, and he said he could swear to it.

Cross-examined by Mr. Alley. Q. Will you swear that that is a loin of mutton? - A. Yes.

Q. Will you swear that a goose, with its head cut off, is a goose? - A. No.

Q. You know nothing at all about its being taken? - A. No.

Q. The man that saw it taken is not here? - A. No.

Q. Have you never said, it was a man that wore trowsers that had the mutton? - A. No, never.

THOMAS DERRIDGE sworn. - I am a constable: I took charge of the prisoner, and took him to the office.

Prisoner's defence. I am a shoemaker by trade: I was going to enquire for work; and, going through Bullock-alley, a man rushed past me, and dropped something, I stooped down, and picked up this mutton, and then Barnes came up, and took me up.

Q.(To Barnes.) What did he say when you took him? - A. He said that a man had dropped it, who pushed by him, and he had picked it up; but it was a very wet night, and there was no appearance of mud upon the mutton.

NOT GUILTY .

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

Reference Number: t17980418-18

253. HENRY GRIFFITHS was indicted for feloniously stealing, on the 16th of April , a leather pocket-book, value 1s. the property of Alexander Campbell .

ALEXANDER CAMPBELL sworn. - Last Monday, between two and three o'clock, nearly opposite St. Dunstan's church, in Fleet-street , there was a little crowd, and I felt a tug at my pocket; I then looked behind me, and saw the prisoner pass something into the hand of another man who was close to the wall; the other man, perceiving that I had my eye upon him, immediately dropped the pocket-book, and made off through the crowd; I immediately picked up the pocket-hook, and secured the prisoner.

Q. Are you perfectly sure he is the man? - A. Yes; I gave, charge of him to a constable.

ALEXANDER HALL sworn. - (Produces the pocket book). I am a constable: I received the pocket-book from the prosecutor, and took charge of the prisoner.

Campbell. This is the pocket-book that was taken from me.

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

GUILTY (Aged 50.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980418-19

254. SARAH LEE was indicted for feloniously stealing, on the 14th of March , a pair of woman's leather shoes, value 3s. the property of Christian-William Rossiter , privately, in his shop .

MARY ROSSITER sworn. - I am the wife of Christian- William Rossiter , a shoemaker : On the 14th of March, the prisoner came in, and asked to see some strong shoes; I shewed her several pair, but had none that suited her; and as she was going away, I saw her apron tucked up; I suspected her, and saw the quarters of shoes peep out at the corner of her apron; she said, she was sorry that she had given me the trouble, and went out of doors, and I followed her; I took her by the arm, and told her she had got a pair of shoes in her apron; I got the shoes from her, and called to a person to fetch my husband; he then came, and delivered her and the shoes to the constable.

CHRISTIAN- WILLIAM ROSSITER sworn. - I was at a neighbour's house; I cannot say whether I gave the shoes to the constable, or whether it was my wife; I can swear to the shoes. (The constable produced the shoes, which were deposed to by the prosecutor).

Prisoner's defence. I did not mean to wrong her of the shoes.

GUILTY (Aged 18.)

Confined six months in the House of Correction , privately whipped , and discharged.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980418-20

255. BENJAMIN BENJAMINS was indicted for feloniously stealing, on the 19th of March , a cotton window-curtain, value 2s. the property of Arnold Harvey .

Second Count. Laying it to be the property of Thomas Ellis .

JAMES LEGGE sworn. - I am porter to Mr. Thomas Ellis: On the 19th of March, Mr. Ellis had a sale, No. 4, Berry-court, St. Mary Axe ; the prisoner came up to view the goods; I immediately went up, after he had come down, and missed the curtain; I followed him, and charged him with having something which did not belong to him, and he said he had not; he came back with me to the house, and unbuttoned his breeches and his waistcoat, and said I should be welcome to search him; I searched him, but could not find it; I at last found it in his hat; I took him before my Lord-Mayor, and he was committed. (Produces the curtain.)

Cross-examined by Mr. Alley. Q. Whose curtains were they? - A.Arnold Harvey's.

Q. The prisoner, you know, is a broker? - A. No, I do not know it.

Q. He took his hat off, while he was in the house, did not he? - A. I do not know that he did, till I took it off.

Q. Brokers play tricks with each other frequently, do they not? - A.Sometimes.

RICHARD LOWE sworn. - On the 19th of March, the prisoner came into the drawing-room where I was, and asked for a catalogue, he then went out of the sale-room into the back room, from thence he went up stairs; James Legge was up stairs, there was nobody there, I believe, at that time but him and James Legge; he went out, and Legge followed him almost directly; he brought him back, and searched him, he pulled off his hat,

and there was the curtain. I went and fetched a constable, and he was delivered to him.

Cross-examined by Mr. Alley. Q. Do you never see the brokers play tricks with each other? - A. No; I do not know that I ever did.

Q. Before this can be called a curtain it must be sewed together? - A. It wants tacking together.

Q. Do you mean to swear it is not a bad curtain? - A. Yes.

ARNOLD HARVEY sworn. - This curtain is mine, I lost the fellow to it from the same house just before; it is a window curtain.

Cross-examined by Mr. Alley. Q. Will you swear it is a window-curtain? - A. Yes, I will; beyond all doubt it is a window-curtain. I have been a broker these twenty years, I ought to know what belongs to a window-curtain.

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

JAMES ANDERSON sworn. - I am a broker; I have known the prisoner these three years; I have had dealings with him; and, I think, of all the twelve tribes of Israel he is the honestest.

Mr. Alley. Q. You are not a Jew yourself? - A. No; I am a Scotchman by trade.

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

GUILTY (Aged 20.)

Confined three months in Newgate , and fined 1s.

Tried by the London Jury, before Mr.RECORDER.

Reference Number: t17980418-21

256. JOHN ROBERTSON was indicted for breaking and entering the dwelling-house of Sarah Chapel , spinster , and Mary Chapel , spinster, about the hour of four, in the night of the 15th of March , and burglariously stealing a flannel petticoat, value 2s. the property of Sarah Minet , spinster.

SARAH MINET sworn. - Q. Are you a single woman? - A. Yes; I did live with Miss Sarah Chapel and Mary Chapel, in March, they rented a house in Sun-street, Bishopsgate-street .

Q. You do not know that they both paid the rent, one might have kept the house, and the other live with her? - A. I cannot say; on Thursday night, the 15th of March, I hung up a flannel petticoat at the door in the kitchen, and when I came down the next morning I missed it; the upper part of the sash had been pushed down, and the petticoat gone; I saw it the next day, at my Lord-Mayor's, in the hands of Word, the constable.

HEZEKIAH TYNDAL sworn. - I am a watchman; About five minutes after five in the morning, I caught the prisoner taking a flannel petticoat out of the kitchen window; upon his seeing me he threw it away, and I picked it up, and secured him; I gave the petticoat to the officer of the night.

THOMAS WARD sworn. - I am the constable of the night. (Produces the petticoat).

Minet. This is my petticoat, I made it.

Prisoner's defence. I never had the petticoat, I know nothing of it.

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

Confined one year in Newgate , and publicly whipped .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980418-22

257. MATTHEW QUIRK was indicted for feloniously stealing, on the 31st of March , a saddle with iron stirrups plated with silver, value 3l. and four other saddles, value 7l. 10s. the property of Joseph Sabine , Robert Waghorn , John Searman , Thomas Knight , John Blake , Henry Ventriss , John England , Timothy Hewlett , Thomas Hinton , and Jonas Vere , the said goods being on a wharf, called Botolph wharf , adjacent to the navigable river of Thames .

JOSEPH SABINE sworn. (Proves the partnership.) I am a gangsman of Botolph wharf: On Friday, the 30th of March, I received three cases, I did not, at that time, know the contents, but I found since, they consisted of sadlery. I left them on the wharf, the 31st, in the evening, in the same order that I received them. On Monday morning, the 2d of April, about seven o'clock, one of the cases was removed up an alley adjoining to the wharf, called Vintners alley, and there I found it empty.

EDWARD ROGERS sworn. - I am a constable belonging to the Public Office, Shadwell: On Monday, the 2d of April, I received information, in consequence of which I went to the prisoner's lodgings, No. 31. in Pennington-street, Ratcliff-highway, the prisoner was not at home; we went up to his apartments, and forced open the door of the front room. The prisoner acknowledged them to be his apartments. We searched the room, and found, in a bag in the room, two new saddles, and, in a box which was locked, we found three new saddles. We took the property down stairs; this was between two and three o'clock; and then we remained till the prisoner came in, at near nine o'clock at night; and then we apprehended him, and brought him and the property to the office.(Produces the property.)

JOHN RILEY sworn. - I am a constable of the Police Office, Shadwell; I was with Rogers; I know nothing more than he does.

THOMAS MILROY sworn. - I am a sadler: These are the saddles that I packed in a case; I sent them to Botolph wharf, on the 30th of March. They have my own name upon them.

JOHN TURNBULL sworn. - I am servant to Mr. Milroy: I know these saddles; I made part of them. They were sent to Botolph wharf on the 30th of March.

ROBERT WAGHORN sworn. - I know no more than Mr. Sabine does. All goods that come to the wharf are under our care till they are shipped, and we are responsible for them while they are on the wharf.

Q.(To Milroy.) What is the value of these saddles? - A. There are three worth two guineas each, one worth a guinea and a half, and the other is worth thirty-six shillings.

Prisoner's defence. I was going home on Saturday night over Tower-hill, I saw these saddles in a bag; I took them home in a coach; and, on Monday morning, I was obliged to attend a field day, or else I should have advertised them. There are the names upon them, and every thing just as I found them, which shews I did not mean to make a property of them.

GUILTY Death . (Aged 44.)

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980418-23

258. WILLIAM HOLDING was indicted for feloniously stealing, on the 23d of February , a black silk cloak trimmed with lace, value 5l. the property of Rose Joachim .

ROSE JOACHIM sworn. - Q. Are you a single woman? - A. Yes. I lost my cloak from the milliner's, it was delivered by one of the girls to a man that Mr. Goldsmid had sent for it.

HARRIET REDDISH sworn. - I am a milliner; I live with Mrs. Franks, in St. James's street. About six weeks ago, we received some lace from Miss Joachim; we were to make her a cloak, and to put that lace upon it, which we did. A man said he came from Mr. Goldsmid for the cloak, and I delivered it to him. The prisoner is the man.

Q. Are you perfectly sure he is the man? - A. I am very certain of it.

ABRAHAM GOLDSMID, Esq. sworn. - On the 23d of February, or thereabouts, I was going down to the Treasury; my niece, Miss Joachim, desired me to call at Mrs. Franks's, and desire them to send her cloak home. Mr. Rose kept me some time at the Treasury, where the prisoner was generally waiting. I had left my carriage, and desired the coachman to call at Mrs. Franks's, for the cloak; and I went down on foot to the Treasury. When I came out, the carriage was at the door, and as the coachman was opening the door, he told me that it was not quite ready, but if I would go back there, I might have it; I said, I had no time. The prisoner at the bar overheard me, and asked me if he should go and fetch it for me; I told him, yes, and gave him a shilling: I told him, if he brought it home safe immediately, he should have another sixpence or a shilling. He was to bring it to No. 18, Alie-street, where my niece lives with me; I found it did not come, and in the evening I went to Bow-street; and on the Monday following it was found at the pawnbroker's.

JANE FLORA sworn. - I take in washing; On the 23d of February, the prisoner brought a cloak to me, and said his wife desired me to pawn it for her, and I went and pawned it at Mr. Rochfort's, in Jermyn-street; it was a black silk cloak, trimmed with lace; (produces the duplicate); I pawned it in the name of Mrs. Roach, in Bond-street, for I had carried property of Mrs. Roach's there; she keeps a dress-shop.

JOHN DOBREE sworn. - I am servant to Mrs. Rochfort, pawnbroker, in Jermyn-street, (produces the cloak); I took this in of Mrs. Flora, on the 23d February; I think it was on a Friday, in the morning; I have had it ever since.

Mrs. Flora. That is the cloak that I had from the prisoner.

Miss Reddish. This is the cloak that I delivered to the prisoner; I know it by the lace.

Miss Joachim. I know this lace to be the same that I sent to Mrs. Franks's, to be put upon the cloak.

Prisoner's defence. As soon as I had got the cloak from that young lady, it begun to pour with rain, and I stood up; and as I had the direction only by word, and not by card, I forgot it, and did not know where to carry it; I called upon Mrs. Flora, and what happened in her apartment I cannot particularly say, but she pinned the cloak up for me. It is the first offence, and I throw myself upon the mercy of the Court.

GUILTY (Aged 39.)

Confined six months in the House of Correction , privately whipped , and discharged.

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

Reference Number: t17980418-24

259. MICHAEL M'CABE was indicted for feloniously stealing, on the 2d of April , 330 guineas , the property of Joseph Sage , William Gregory , Henry-William Atkinson , Reuben Fletcher , John Nicholl , and Richard Franklin .

Second Count. Laying it to be the property of the Governor and Company of the Bank of England .

The indictment was stated by Mr. Ward, and the case by Mr. Fielding.

THOMAS FINCH sworn. - Examined by Mr. Fielding. I am an apprentice to the Moniers of the Mint.

Q. Do you remember the process of coining going on on the morning of the 2d of April, 1798?

- A. Yes, of guineas; the prisoner, and seven other soldiers, were employed.

Q. About the press where he was employed, were there any bags of gold? - A. There were fifteen bags, containing 664 in each bag.

Q. Was there any bag that contained 330 guineas? - A.There was part of a bag left at breakfast-time, that was at nine o'clock; the prisoner went out of the room with seven others; he was employed in pulling the fly; when they came back from breakfast, there was a man of the name of Wanley had not come, and he said he would go and fetch him; and in a very few minutes I missed the money; he did not return.

SAMUEL MENSLEY sworn. - The prisoner was at work at my press on the morning of the 2d; there were fifteen bags of guineas lying near the press.

Q. Were there any small bags, that you call a half-journey? - A. Yes; one containing 330 guineas; a journey is 668 guineas. The prisoner and the other men went away to breakfast; one of them did not return with the rest, and the prisoner said he would go and fetch him; he went out, and a few minutes after I missed the money.

JAMES STREETER sworn. - I keep the Princess Royal, Fell-street, Shoreditch: On the 2d of April, between two and three in the afternoon, the prisoner came to my house; he had formerly been quartered upon me; I had been ill, and went to lie down; Mrs. Streeter called me up; I went down, and he told me he had got 700l. that morning, that he had received for his cousin's prize-money in Admiral Jervis's action; he said he was to receive 700l. more when he got to Ireland; he said he had paid forty-two guineas for his discharge, and about seven o'clock in the evening I saw the money; I then began to suspect him; he frequently pulled out the bag, but I had not seen the coin till then; says I, Mich. how did you come by this, I am afraid you did not get it honestly; he persisted in it, that he had received it for his cousin's prize-money; the next morning, I saw it in the newspaper, and sent for a constable; I delivered him and the money to the constable; it was all new money.

PETER MASON sworn. - I am a constable, I was sent for to Mr. Streeter's to apprehend the prisoner; I hand-cuffed him, and asked him if that was the money he had stole from the Mint; he said it was part of it; there were 237 guineas, a half-guinea, four seven-shilling-pieces, thirteen shillings, and seven sixpences; he said, he had 700 in the whole, that he had bought clothes, and a horse, a saddle, a bridle, and a pair of pistols, and the rest he had expended among the girls in St. Catherine's; he said there were some people there wanted to detain him, and he was obliged to give them a part of the money to let him go. I delivered the money to Mr. Fletcher, by order of the Magistrate.

REUBEN FLETCHER sworn. - Examined by Mr. Fielding. I am one of the Moniers of the Mint,(produces the money); I received these guineas from the last witness, they had never been in circulation, they are of the date of 1798; there are circumstances about them from which I can swear to their having been made that morning, (proves the names of the Moniers). We have the bars of gold from the melter, and deliver them, when coined, to the Bank.

Q. And you were accountable to the Bank for them? - A. Yes.

Q. And this business is carried on in the Tower of London? - A. Yes.

Prisoner's defence. I found them in the Mill-room and Press-room, among some bricks.

GUILTY (Aged 25.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980418-25

260. MARTHA-SARAH LAMBERT was indicted for feloniously stealing, on the 27th of March , two diaper table-cloths, value 6s. a stuff window-curtain, value 6s. two linen shirts, value 4s. a cotton shirt, value 2s. a pair of breeches, made of silk and cotton mixed, value 3s. another diaper table-cloth, value 2s. a pair of silk stockings, value 3s. a dimity waistcoat, value 3s. a linen shirt, value 2s. a yard and a half of woollen stuff, value 6d. two japan boxes, value 6d. a leather pocket-book, value 1d. the property of Thomas Hamilton .

There being no evidence to bring the charge home to the prisoner, the Court directed the Jury to find her

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980418-26

261. JAMES SHIELDS , was indicted for feloniously stealing, on the 14th of February , a leather pocket-book, value 2s. the property of Alexander Strong , privily from his person .

ALEXANDER STRONG sworn. - I live in Great Ormond-street: On the 14th of February last, I was passing through Fleet-street , just opposite Fisher and Wells's, about three o'clock in the afternoon, I saw a crowd collected round a horse that had fallen down in the street; I went up, and stopped about two minutes, till the horse was got up; as I was going away, a person tapped me on the shoulder, and pointing to the prisoner, said, that man has picked your pocket; I immediately laid hold of him, and he said, what have you to do with

me, not knowing at that time what I had lost I let him loose, but upon searching my pocket, I missed my pocket-book; I immediately holloaed out to the people that had collected round me that I had lost my pocket-book; a man immediately held it up in his hand, saying, I have found a pocket-book; I told him my name was in the front page of it, and then he gave it me; it is worth about two shillings, or perhaps one.

Cross-examined by Mr. Knapp. Q. It was a considerable crowd, was not it? - A. Yes.

Q. Of course there were a great many people crowding about you at the time? - A. not many.

JOHN BOLTWRIGHT sworn. - About three o'clock in the afternoon, as I was going through Fleet-street, a horse had fell down, and I saw the prisoner at the bar push in between Mr. Strong and me, and I saw him take the pocket-book out of Mr. Strong's pocket.

The prisoner left his defence to his Counsel.

GUILTY (Aged 37.)

Of stealing to the value of 10d.

Confined six months in Newgate , and fined 1s.

Tried by the London Jury, before Lord KENYON.

Reference Number: t17980418-27

262. GOSHERN LEVY was indicted for feloniously stealing, on the 4th of April , a piece of linen cloth, containing 50 yards in length, value 30s the property of Wyndham Knatchbull , James Rule , and Thomas Cunningham .

WYNDHAM KNATCHBULL sworn. - I am in partnership with James Rule and Thomas Cunningham ; we keep a linen-warehouse , in Grace-church-street : On the 4th of April, I was in the accompting-house, about two o'clock, and heard a noise; I ran out and enquired what was the matter; they told me that somebody had stolen a piece of linen; and, in about a quarter of an hour after, I heard he was in the Compter; I saw him at the Mansion-house the next morning. I cannot swear to the linen.

WILLIAM WALDEN sworn. - I am servant to Mr. Cowley: I was going from Mr. Cowley's to Mr. Knatchbull's with a load, on Wednesday the 4th of this month, about two o'clock; when I went in, I saw the prisoner with a silk handkerchief in his hand, and his hand upon a pack of brown Irish that stood in the gateway, I looked at him, and he went out of the gateway, and looked round at me; I followed him to the corner of Eastcheap, and then I went and alarmed the people of the warehouse in Philpot-lane; I got sight of him; a person stopped me by mistake, supposing it to be me, and I lost sight of him, till he was taken into custody, which was in about ten minutes.

Q. Are you sure it was the same man that you had seen in the gateway? - A. Yes.

Mr. Knapp. Q. You had never seen the prisoner before? - A. No.

WILLIAM ROBERTS sworn. - I live in Cullum-street: About two o'clock, on the 4th of this month, I saw the prisoner running up Cullum-street very swist, and looking back several times; I lost sight of him; I ran into Leadenhall-market, and there saw the prisoner walking up Paved-alley; I went up to the prisoner, and said, you villain, what do you do with that bundle; it was tied up in a silk handkerchief; he kept hold of the bundle, till a porter belonging to the house came up and took it from him. I saw it opened at the Poultry Compter; it contained brown Irish, I believe they call it.

ROBERT PATTERSON sworn. - I never saw the prisoner till he was in custody; I only prove the property.

THOMAS PERRY sworn. - (Produces the linen). I had it from a porter of the name of Wilkinson.

- WILKINSON sworn. - I took it from the prisoner, in the course of two minutes after he was taken.

Patterson. We had no private mark upon it; I only know it from its corresponding with the remainder of the pack; it is of the same quality.

Q. Do you know that such a piece was missing? - A. Yes.

Cross-examined by Mr. Knapp. Q. Other persons in the linen trade, have goods of the same sort, and the same quality? - A. Yes.

Q.And you have no mark upon it? - A. No.

GUILTY (Aged 24.)

Transported for seven years .

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

Reference Number: t17980418-28

263. JAMES THORNTON was indicted for feloniously stealing, on the 17th of March , 2 quart pewter pots, value 3s. and a pint pewter pot, value 6d. the property of William Herrell .

WILLIAM HERRELL sworn. - I am a publican at Green Bank ; The prisoner used my house for some time; I know nothing of the loss of the property.

JAMES VAUGHAN sworn. - I am a whitesmith; I stopped the prisoner on suspicion. On the 17th of March, I saw the prisoner come out of the house, with a quart pot sticking out under his waistcoat; I followed him for some distance to London-wall; a person pursued with me, and we took him into a public-house; he was searched in my presence, and there was found upon him three quart pots, and two pint pots; (the officer has got them).

FRANCIS BAILEY sworn. - I am a constable; I searched the prisoner; two quart pots had been been taken from him before I came up; the landlord, I believe, had taken them from him; his name is Hill.

THOMAS HILL sworn. - I took these quart pots from the prisoner, one from under each arm; I sent for an officer, and had him searched, when these other pots were found upon him; I put my mark upon them.

Prosecutor. I am sure they are my pots.

Prisoner's defence. I was so much in liquor, that I don't know how I got them.

GUILTY (Aged 40.)

Transported for seven years .

Tried by the London Jury, before Lord KENTYON.

Reference Number: t17980418-29

264. THOMAS FREAKE was indicted for feloniously stealing, on the 20th of March , a black bear muff, value 10s. a wolverean muff, value 8s. and 3 red fox muffs, value 21s. the property of Frederick Fahnert .

FREDERICK FAHNERT sworn. - I am a furrier ; I had occasion to go out, about nine in the forenoon of the 20th of March; when I returned, I met the prisoner, with one or two muffs upon his arm, openly walking along; I suspected him; I went in, and missed five muffs out of the window; I shut the door immediately, and went after him; a witness, that I have got here, laid hold of him; he had dropped some of the property, there is a witness here that picked it up; there is one of the muffs that has got a piece of one of my direction-cards put to it as a ticket; I manufactured them. I know them to be mine.

Cross-examined by Mr. Alley. Q. Are you a married man? - A. Yes; my wife was lying-in.

Q.I suppose you left somebody in the shop to sell you goods? - A. I left a girl in the shop.

Q.Whether she sold those muffs, or not, you don't know? - A. No.

Q. He was carrying them openly in the street? - A. Yes; and some under his coat.

Q.Whereabouts was it you met him? - A.About two doors from my house.

Q. At noon-day? - A. Yes.

JOHN PRICE sworn. - I have a situation in St. James's church: I met the prisoner on Tuesday morning, the 20th of March, in Porter-street, with two muffs upon his left arm, and three under his coat; I saw one stick out behind, I pulled it out, and out dropped the other two; the prosecutor came running up the street as hard as he could; he pointed to me to stop the prisoner; I did not stop him, but the prosecutor ran up to him, and laid hold of him; I don't know who picked them up; I picked up one, and gave it to a woman who is a witness here, and I saw the other two delivered to her.

Cross-examined by Mr. Alley. Q. You have a situation in the church, are you a grave-digger? - A. No. I am not.

Q. This was at noon-day? - A. Yes.

ANN TUCKER sworn. - I was coming down Porter-street, and there was a cry of stop thief; I saw a great mob; I picked up four muffs, and one was given me; I took them to Bow-street. (The muffs produced).

Fahnert. These are my property; I can swear to them by the ticket and the linings; the girl never sells any muffs; she is only a common servant, and never sells any thing but trifling things.

The prisoner left his defence to his Counsel, and called two witnesses, who gave him a good character. GUILTY (Aged 18.)

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

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

Reference Number: t17980418-30

265. JAMES BOYD was indicted for feloniously stealing, on the 20th of February , 3 pounds weight of leather, value 5s. the property of Nicholas Goddard .

NICHOLAS GODDARD sworn. - I live at Cove, in Hampshire: I am a waggoner ; my waggon was robbed of shoe leather for soles; I left it in the inn yard, at Hounslow , on the 20th of February, about seven in the evening; when I got a few miles from Hounslow, the next morning, I missed it; it was about four or five shillings value; I did not hear of it for several days, a little boy told me of it.

PETER WOODS , sworn. - Q. Do you know the prisoner? - A. Yes; on Shrove Tuesday I saw James Boyd cut the leather out of the waggon, in Mr. Fish's yard, the White Bear, at Hounslow, about half past eight in the evening; then he carried it down to Master Woods's, a broom-maker; he cut three pieces off, and ordered me to put it into our waggon.

Q. How soon did you tell this story? - A. Two or three weeks after, I told Mr. Fish of it.

Q. Had there been any enquiry made about it? - A. No.

Q. How came you to conceal it so long? - A.Because I was coming from Hounslow, and he lathered me well.

Q.(To Goddard.) Have you seen the leather since? - A. Yes; Mr. Fish shewed it me.

- FISH. sworn. - I keep the White Bear, at Hounslow: Mr. Wood's waggon was at my house the same night, Mr. Goddard told me he

had been robbed; the prisoner drove Mr. Woods's waggon, belonging to this little boy's father; the boy lives at Bagshot with his father.

Q. Do you know where the leather was found? - A. Yes, I found it. This boy being beat, the prisoner was discharged; and the next journey they came, this little boy and his father came up, and while they were at supper, I asked the little boy, if he knew any thing of a saw being taken from the yard, and he said, yes; I asked him if he knew any thing of any halters, he said, yes, they were about the horses heads; then I asked him about the leather; and, in consequence of what the boy said, I went down to Bagshot, and had him taken up. A man came up, and said, if he had bought the stuff of him, he should have been in a pretty mess; that was in the prisoner's presence, his name is James Draper; I asked him, what stuff? and he said, some leather. Upon that I went with the driver, and found the leather; I carried the leather to him, and asked him if he knew any thing of it, and he said, yes, he had it out of Mr. Goddard's waggon, in my yard.

Q. Did you make him any promises? - A. No.

Prisoner's defence. It is a troublesome piece of business; you must settle it amongst yourselves.

GUILTY (Aged 18.)

Judgment respited to go for a soldier .

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17980418-31

266. ANN RIDLEY was indicted for feloniously stealing, on the 31st of March , a gold ring, value 5s. a black gauze cloak, value 4s. a pair of cotton stockings, value 1s. a yard and a quarter of white thread lace, value 2s. 6d. a white cotton bed-gown, value 2s. 6d. a pair of mourning ear-rings, value 6d. a silk purse, value 2d. two muslin neckcloths, value 1s. and a muslin handkerchief, value 3d. the property of James Flowers .

JAMES FLOWERS sworn. - I am a hair-dresser , No. 22, Downing-street : I lost the things mentioned in the indictment; I do not know any thing of the loss myself, the prisoner was our servant .

SARAH FLOWERS sworn. - I am the wife of the last witness: I did not miss the property, except some neckcloths, and a ring, till after I had discharged her, and she was taken; about ten days after that, the 31st of March, I missed a gold ring, and asked her if she had seen it, she told me, she dared to say I should find it. I lost a gauze cloak, six neckcloths, two pair of stockings, a sheet, and a white bed gown, white thread lace, and other things; my cloak was taken out of a box, and part of them out of the drawers.

Q.What does your family consist of? - A. My husband, myself, and my servant. The constable found part of the things in her box at her lodgings and some more at a washer-woman's; the constable has the property.

WILLIAM MESSENGER Sworn. - (Produces a black gauze cloak, and the other things). I apprehended the prisoner at her lodgings, on Saturday the 31st of March. These things were all found in her box, except the cloak, which hung up, and the ring, which was in her pocket.

Q.(To Mrs. Flowers). Look at that ring? - A. That is the ring that I have lost, I know it perfectly well; I know the cloak to be mine; and these stockings are marked with my husband's name.

MARTHA PLUMMER Sworn. - (Produces another parcel of things). I received these from the prisoner to wash, the latter end of March.

The Prisoner's defence was read as follows:

"My Lords, and Gentlemen of the Jury. Being destitute of money, and at a great distance from my relations, not being able to see Counsel to defend me, I therefore throw myself upon the mercy of the Court, and crave the indulgence of the Court, to state the following facts: - I came from the North, applied to an office, engaged myself to Mrs. Flowers. It is not my wish or intention to discover what I know of Mrs. Flowers; it is enough for me to say, that I found myself in a situation ill-suited to the virtuous habits in which I had been bred, and I gave her warning; I determined to leave her service, which I had an opportunity of doing one day suddenly, Mrs. Flowers being very much in liquor. In the morning of that day, I found a ring upon the carpet, intending to give it to Mrs. Flowers. The day before I went away, the examined my box, and in the hurry I forgot to take the key with me; when I came the next day for the box, Mrs. Flowers must remember the readiness with which I even invited an examination of my box. Conscious of my own innocence, my astonishment, however, upon the box being opened, was beyond description; those articles were not there the preceding night, nor did I see any of them till after I was in custody; and they must have been put there with a view to my destruction."

Q.(To Mrs. Flowers.) Remember you are upon your oath, who lodged with you? - A.Lady Ophemia Stuart, Lord Grenville's sister; nobody else has lodged there since the has been in the house, nor for ten weeks before.

Court. Prisoner, that is the defence you have thought proper to make, who wrote that defence for you? - A. A gentleman of the name of Middleton, Mr. Kirby knows him very well.

Court. How long have you known Mr. Middleton? - A. No longer than I have been in prison.

Court. Q. Who introduced Mr. Middleton to you? - A. He saw me when I first came into the prison.

GUILTY (Aged 19.)

Transported for seven years .

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

Reference Number: t17980418-32

267. SAMUEL COOPER was indicted for feloniously stealing, on the 15th of September , two geldings, value 20l. the property of George Crouch .

GEORGE CROUCH Sworn. - On the 15th of September, Glover and Cooper came into my yard to order two horses to go to Rochester; instead of that, they went to Oxford, and sold them both. I found one of them at the Angel, at Oxford; I have not found the other yet.

Q.When was it you found this horse at Oxford? - A. About a week after, and that I brought home.

Cross-examined by Mr. Knapp. Q. Had you ever seen the prisoner at the bar before that time? - A.Not till he came to hire the horses, the night before they took the horses out of the yard.

JOHN PROBERT Sworn. - I live at Oxford; I keep the Roebuck: The prisoner at the bar, and Glover, came to my house in the evening of the 15th of September. I have known the prisoner five or six years, he was a gentleman's servant, and lived along with one Miss Finch, in Oxford, just opposite me. I did not see them the night they came in; the next day was market day, and they dined at my house, at the ordinary. After dinner, they shewed the horses out to sale; shewed one to Mr. Crook, a fellmonger; they did not agree for price; and Mr. Bulley, at the Angel, had wanted to buy a horse, and I bought the horse for him; I gave eight guineas for it; I paid the money upon the table, and Glover took it up; but the prisoner told me that that was his brother, that his name was Cooper, or else I should not have bought the horse. He told me, that his brother had taken the Turf Tavern, at Shrewsbury, and he was going down to help him; and he said, that his brother must go off that night by the mail-coach, or else he would not have sold the horse.

Q. How long did the prisoner stay at your house? - A. He did not lie at my house. Glover went away that night.

Q. Have you seen the horse since Crouch had it back again? - A. No. The prisoner bore a very good character at Oxford for five or six years.

WILLIAM THOMAS Sworn . - I was in oxford-market on the Saturday; and I chopped with one of the men for a horse, and paid the money at Probert's house; there were two men together, but I did not know any thing of them; I do not know whether the prisoner is either of the men, or not I cannot swear to him. I sold the horse at Reading-fair. Mr. Probert told me he knew the man.

Probert. I bought the horse that Thomas chopped with the prisoner at the bar for, and sold him again.

Q. Is there any body here from the Angel? - A. Nobody.

JOHN WARREN sworn. - I am a constable: I apprehended the prisoner and brought him to town. I know nothing about the horse.

Prisoner's defence. I went with Glover to hire the horse; I told Mr. Crouch I was going to take an inn, at Rochester. We went to Oxford; Glover told me he had left money for the horses with Mr. Crouch; I told him, I would take my chance of going on foot; we went on to Oxford that night, and went to Mr. Probert's; we put up there that night. The next day, a young woman was in company with us for some time, who lived a fellow-servant with me. we were going to see the Colleges, and he said, he would wish to pass as my brother, to save expences in seeing the Colleges. After we returned, John Glover had the horse out upon sale. Before I returned, I was asked if the horse was mine; I said, no, in the presence of Mr. Probert, that I had nothing to do with it; and Mr. Probert said, he would have it at eight guineas. The following day, Glover offered this horse to Thomas, and changed with him. Glover went away that night without paying the bill. I was going down to Shrewsbury, and was so reduced, that I went to Shropshire upon five shillings.

GUILTY Death . (Aged 34.)

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

Reference Number: t17980418-33

268. MARY DELAHAYE was indicted for feloniously stealing, on the 21st of March , two quart pewter pots, value 1s. 6d. the property of Nicholas Allstram .

NICHOLAS ALLSTRAM sworn. - I keep a public-house in Meeting-house-alley, St. George's, Middlesex : On the 21st or 22d of March, I lost two quart pots out of the tap-room; the prisoner was in the tap-room a considerable time; she was going away, and I seized her with the pots in her apron. (Produces them). They have my marks upon them.

ELEANOR LIGHTHORN Sworn. - I live at Mr. Allstram's: The prisoner was there on the 21st of March; I saw my master take one pot from under her apron, and one from behind her, in the passage. These are the pots, they have my own private mark upon the bottom of them. It was between eight and nine in the evening.

The prisoner denied the charge, and called two witnesses, who gave her a good character.

GUILTY (Aged 55.)

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

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

Reference Number: t17980418-34

269. GEORGE COLLINS was indicted for feloniously stealing, on the 8th of April , six muslin caps, value 12s. twelve muslin neck-handkerchiefs, value 6s. three linen pocket-handkerchiefs, value 3s. and three muslin pocket-handkerchiefs, value 3s. the property of Thomas Galpine .

THOMAS GALPINE sworn. - I live in Hyde-street , Bloomsbury, I am a publican : The prisoner came into my house between eight and nine o'clock in the evening, on the 8th of April, Sunday evening, and called for a pint of porter, I drew him a pint of porter, and went out; when I returned, I asked where he was gone, because I suspected him, and in about five minutes, I went backwards in the pantry, and found him wringing wet linen, that he had taken out of a large pan, and putting them upon the table; he immediately ran into the privy with a cap in his hand.

VALENTINE ROMLEY sworn. - I am a watch-house-keeper, (produces the things); I have had the things ever since.

- WEBSTER sworn. - I am a watchman: I had the property from the prosecutor, and delivered them to Mr. Romley.

Prisoner's defence. I was very much in liquor, I am very innocent of the charge; I never was in the yard nor touched a thing.

GUILTY (Aged 28.)

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

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

Reference Number: t17980418-35

270. THOMAS COLE was indicted for feloniously stealing, on the 28th of March , twenty-five yards of Kidderminster carpet, value 37s. the property of Alexander Pringle .

ALEXANDER PRINGLE sworn. - I live at No. 54, Rathbone-place : I lost a piece of Kidderminster carpet containing twenty-five yards, on the 28th of March; I had lost several articles, and I determined to watch; about seven o'clock in the evening of that night, I was concealed in the shop, lying upon a sofa, for the purpose of watching; I saw the prisoner come in, he looked about him, and took a piece of carpeting out of the window, and went away with it; I pursued him, and he threw down the carpet, and ran away; I followed him till one of the witnesses stopped him, he was never out of my sight. I took him before a Magistrate.

Cross-examined by Mr. Knapp. Q. What time of the night was it? - A. About seven o'clock in the evening.

Q. It was dark? - A. No, not quite.

Q. There was light in the parlour? - A. There was a candle.

Q. The carpet was in the window, a good way from the parlour? - A. Somewhere about two feet.

Q. The candle did not reflect a great deal of light into the shop? - A. No.

Q. You could not distinguish the person of the man? - A. Yes, I could; I never lost sight of him.

Court. Q.Have you any doubt in the world of the person of the prisoner? - A. None.

GEORGE JEFFERYS sworn. - On the 28th of March, I was going up Tottenham-court-road, and heard a cry of stop thief, I went up to assist, and stopped the prisoner.

JANE GUTHRIE sworn. - I saw the prisoner go into the prosecutor's shop; I am sure he is the same man; I did not see him come out again. I picked up the carpet. (The carpeting produced).

Court. (To Prosecutor.) Q. Is that Kidderminster carpeting? - A. Yes. GUILTY .

Transported for fourteen years .

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17980418-36

271. ANN WHITE was indicted for feloniously stealing, on the 10th of April , four curtains, made of woollen and linen, value 12s. the property of James Anderson .

JAMES ANDERSON sworn. - I am a broker : I missed some curtains, made of woollen and linen, on the 10th of April, I have since seen them in a pawnbroker's-shop.

LEVI MYERS sworn. - I am servant to a pawnbroker, (produces the curtains); I took them in of Mary white, on the 10th of April.

Q. Was it the prisoner at the bar, her name is Ann White ? - A. Yes; but she always went by the name of Mary White .

Anderson. These are my curtains.

Prisoner's defence. They are not his curtains, I have had them ever since the year 1784.

GUILTY .

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

Tried by the first Middlesex Jury, before

Mr. Justice BULLER.

Reference Number: t17980418-37

272. FRANCES WATSON was indicted for feloniously stealing, on the 17th of February , four pounds weight of mutton, value 1s. 6d. the property of James Phillips .

JAMES PHILLIPS sworn. - I am a butcher , in Whitecross-street : On the 17th of February, I lost a breast of mutton, about four pounds and a quarter; I did not see the prisoner take the mutton, but I was close to her when she threw it down, I laid hold of her directly.

CATHERINE NEWTON Sworn . - I set opposite to Mr. Phillip's with a green-stall: I saw the prisoner take the breast of mutton away, and I told the man of it.

Prisoner's defence. I am a very poor woman come out of a fit of sickness, I acknowledge my fault, and hope for mercy.

GUILTY (Aged 50.)

Privately whipped and discharged.

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

Reference Number: t17980418-38

273. JOHN THOMPSON was indicted for feloniously stealing, on the 1st of March , a pair of velveteen breeches, value 4s. the property of Abraham Rees .

ABRAHAM REES sworn. - I live at No. 137, St. Martin's-lane : On the 1st of March the prisoner came into my shop under pretence of buying a pair of small cloaths, I gave him several pair to try, he tried them; I asked him seven shillings for a pair, and he offered me six; I told him I could not take less. I missed a pair of small cloaths as soon as he was gone; I fetched him back again, and found this pair inside of his; these are them, they have my private mark upon them.

Cross-examined by Mr. Alley. Q. Are they velveteen breeches? - A.They are.

Q. Did not you stand by him while he tried them on? - A. No.

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

GUILTY (Aged 49.)

Privately whipped and discharged.

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

Reference Number: t17980418-39

274. JAMES WOOD was indicted for feloniously stealing, on the 16th of February , a written paper book, bolted in leather, value 2s. the property of the East India Company .

Second Count. For feloniously stealing five pounds weight of paper, value 2s. the property of the East India Company.

The case was opened by Mr. Knapp.)

JOSEPH HILLMAN sworn. - Examined by Mr. Knapp. I am a clerk in the East-India House; I have known the prisoner five years, he was there as an extra clerk in the secretary's department, where the books of correspondence of the East-India Company are kept, there were presses on purpose for them: On the 28th of February, I think Wednesday, I had occasion to go to the shop of Mr. Hales, after some ham, he keeps a ham-shop in Fenchurch-street; while Mr. Hales was cutting the ham, I saw some paper which laid on some ham; as soon as I put my eyes on it, I saw that they were Bombay papers, and had the appearance of part of the records belonging to the Company; I asked him to give me a sheet of that paper, which he did; I went to the India-house immediately, and enquired if there had been any books lost; upon search, it was discovered that there had been a part of the records of the Company lost; upon that, I was ordered to take Mr. Wall, and go to Mr. Hales's house, which we did, and there we discovered these papers which I have in my hand; Hales delivered them up. (Produces them).

Q. Are they papers belonging to the India Company? - A. Yes; they are part of the Company's records that have been lost from the India-house.

Q. You have no doubt that these were the papers that had been missed from the India-house? - A. I am fully convinced that they belonged to the India Company's records.

Q. Did you then go back to the India-house? - A. I was then ordered to go to Mr. Hales's, and desire he would come up to the House; Mr. Hales did come up; I was ordered to get a constable, which I did; when Mr. Hales came, he indentified the prisoner as being the person of whom he had bought the papers; he was taken into custody, and committed to the Poultry Compter that night.

Q. Did he say any thing at the time he was taken up? - A. I was not in the India-house at the time.

WILLIAM HALES sworn. - I have kept a hamshop many years, No. 117, Fenchurch-street: I remember buying, about the 25th of January, of the prisoner, about three pounds of paper, which he brought under his arm; I put it in the scale, it weighed three pounds, and I paid him nine-pence for it.

Q. Did you buy of him more than once? - A. Yes; for these three or four years, at different times, or upwards.

Q.(To Hillman.) These papers that you have produced in Court, from whom did you receive them? - A. From Mr. Hales; I have had them ever since.

Q.(To Hales.) Look at these papers, and tell me if they are the same papers? - A. I believe they are; I did not take particular notice of them.

Court. Q.You buy a great deal of paper, I dare say? - A. Yes; almost every day.

Court. Q. And can you, buying a great deal of paper, say that you bought that paper of that man? - A. Yes; I can.

Mr. Knapp. Q.What did he say when you went to the India-house? - A. He sainted away as soon as he saw me; he at first denied it, and said he had not sold me any paper a long time; I told him I had bought it of him only four or five days before.

MATTHEW WALL sworn. - Examined by Mr. Knapp. Q.You are register to the library of the India Company? - A. Yes.

Q. Are these the records of the India Company? - A.They are; I have had them under my care these twenty-seven years.

Q.Were you present at the apprehension of the prisoner by the constable? - A. Yes.

Q. Did any conversation take place upon that? - A.Not a syllable.

Court. Q.How were these papers kept, under lock and key? - A.No.

Q. Had the prisoner access to them? - A. Yes; he wrote in that very office.

Q. To what amount have you missed them? - A. About fifty different books, and some very important ones.

Q. How long have you known him in the office? - A. I remember him twelve years upon a certainty. He might have got eighty pounds a year, but he would not do it.

Q.(To Hales.) When he sold you this book, did he sell you the leather? - A. No.

Prisoner's defence. First, my Lord, I would recommend myself to you and a merciful Jury; and, in the next place, would recommend myself by six small children to the mercy of the whole Court, and plead not guilty in the cause in which I now stand. First, I have received of this said Matthew Wall, at several different times, by purchase and by gift; and in all probability the same that is laid before the Gentlemen of the Jury and the Counsel; and with respect to the covers of the books, Mr. Wall might bring one hundred to criminate me, as the nature of the business is to have the books cut up, delivered out in sections, and put into forty or fifty different hands, and the covers go to Mr. Wall, by way of emolument, to sell or give away, as seemoth to him best. I have stood unimpeached for eighteen years in the Company's service, and give me leave to say, Gentlemen of the Jury, that this is done more out of spite than any thing else; and not only that, the place where I was situated to write, from whence I am charged with feloniously stealing and taking away books, is in as public a place as the Royal Exchange, where there are all comers and goers passing and repassing from six in the morning to nine at night, where hundreds of papers and books are lying, and have been lying about the floor for several years; books of the same kind, that every body can look at as they pass by, and take away as they please; and, because I am a poor unfortunate man, it is laid to my charge. In the public office, they are lying bound and unbound; and not only that, there are men that have keys to the office, that go into the office before any of the clerks come in the morning; and besides, the said Matthew Wall has got a key to go in and out when he pleases; and there are several that are under him.

Prisoner. (To Wall.) Q. Can you swear, in the sight of God, that I took these papers and books? - A. No.

Prisoner. Q. Do not you recollect, about three months ago, you had like to have brought me into the same disagreeable situation, by selling or giving away some papers or books? - A.There never were any books given away or sold.

Court. Q. Did you ever sell or give away, or is it the custom of the office to have the backs of books torn off? - A.Outside papers, but never any books or records that come from India.

Prisoner. Q.Do not you know Norton-Falgate? - A. Yes.

Q. Don't you recollect the tripe-shop there? - A. Yes.

Q. Do you recollect Mr. William Thompson bringing news to the house of some written papers, when I had like to have been in this disagreeable situation before, when you yourself confessed you had sold and given them away? - A. I never said such a thing in my life.

Court. Q. Have you ever had any dispute or animosity of any kind with the prisoner? - A. Never; on the contrary, I have given him several half-guineas.

GUILTY .

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980418-40

275. FORDIA, otherwise FORDER SHEPHERD was indicted for feloniously stealing, on the 19th of July , a silver ink-stand, value 31. four silver table-spoons, value 40s. and three silver desert spoons, value 25s. the property of John Clarke , in his dwelling-house .

JOHN CLARKE Sworn . - All that I know is, that I was desired by my servant, who put a letter into my hand, to go to a place to which it directed me, immediately, a person being very ill; and I went there, but no such person was to be found. All I can prove is, that the property is mine.

DAVID LEBOURNE Sworn. - I live with Mr. Clarke, No. 1, New Burlington-street, in the parish of St. James's :* On the 19th of July last, the prisoner came to the door with a double rat-tat-tat; I

went to the door, and he asked if Dr. Clarke was at home; he said, he had come from Dr. Osborne's, and was informed that Dr. Clark did Dr. Osborne's business in his absence, which I knew he did; and he said, if I knew where my master was. he would write a note, which note I should take to him. I waited white he wrote the note, and I went after my master with it to St. Bartholomew's Hospital; I might be gone about an hour and ten or twenty minutes; he was to wait till I came back; when I returned, he was gone; I missed a silver ink-stand, which I put upon the table for him to write the note with, four table spoons, and three desert spoons. They were all in the parlour before dinner-time; I never found the property again.

*The indictment stated it to be in the parish of St. Giles's which destroyed the capital part of the charge.

Q. When did you see the prisoner again? - A. I look upon it about two months afterwards: I was coming up Holles-street, Cavendish-square, behind my master's carriage, and saw the prisoner half way up the street, I knew him directly; I called to the coachman, and told him; I got down, and ran to the top of Holles-street, the prisoner was then out of sight, and I saw no more of him; he ran away instantly upon his seeing me, and I lost him. He was not taken upon our account at all; he was taken for another offence.

Q. Have you any doubt as to the man? - A. No; I am perfectly sure he is the man.

Prisoner. I know nothing of it.

JAMES FORD sworn. - I have known the prisoner two or three years; he has been in a situation where he had it in his power to take plate from me.

(Dr. Clarke produced the letter).

Lebourne. This is the note that I took to my master.

GUILTY of stealing to the value of 39s.

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

Reference Number: t17980418-41

276. FORDIA, otherwise FORDER SHEPHERD , was again indicted for feloniously stealing, on the 20th of March , four silver table-spoons, value 40s. two silver tea-spoons, value 5s. and a pair of silver sugar-tongs, value 6s. the property of James Wilson , in his dwelling-house .

ELIZABETH HALL sworn. - I am servant to Mr. Wilson, in Great Queen-street : On Tuesday the 20th of March, Shepherd came to the door, and asked if my master was at home, I said no; hen he asked if the footman was at home, and I aid no; then he asked for pen, ink, and paper, and I shewed him into the parlour; he said the re was very bad, and asked if I had got any fire any where else; he asked to go up to look at my master's drawing-room grate, and I shewed him p, and I came down, and left him in the drawing-room.

Q. What did you leave him there for? - A. I came down, and thought he would follow me.

Q. Had he wrote any thing below stairs? - A. Yes; he wrote a note, and put it into his pocket.

Q. How long did he stay? - A. I cannot justly say how long he staid in the drawing-room; I was in the kitchen; hearing the spoons rattle, I went up stairs, and saw him go out at the back door; I ran after him, and cried stop thief.

Q. Did he let the spoons fall, when you heard them rattle? - A. No, they rattled in his pocket; the back door opens into the new yard.

Q. Were you alone in the house? - A. I was the only one in the kitchen; but there was my mistress and the children up stairs; he was taken presently after; he was brought back to our house, and I saw four table spoons, two tea spoons; and the silver sugar tongs, taken from him.

Q. Where had he taken them from? - A. I can not justly say.

Q. Do you recollect what part of the house they had been left in? - A. My fellow-servant can tell.

Q. Do you know them to be your mistress's spoons? - A. Yes.

Q.How long had you been down in the kitchen before you heard the rattling of the spoons? - A.A very little while.

RICHARD MITCHELL sworn. - I live with Mr. Wilson: I was not at home at the time this happened; the spoons that were taken from the prisoner had been left upon the side-board, at the top of the stairs, by the dining-room door, in a tea-tray.

Q. At what time of day had you seen them there last? - A. A little after twelve; I know no more of it.

JOHN BARRETT sworn. - On the 20th of March, I saw the prisoner running up Prince's-court, between twelve and one, at the same time crying stop thief; I followed him, supposing there was a thief coming down Drury lane, but not seeing any body but himself, he still running, crying stop thief, I pursued him, and took him; I brought him back; not seeing the maid servant, but a mob of people; nobody owned him; I brought him into Great Wild street, where I saw the servant maid; I took him to Mr. Wilson's; I searched him, and took out of his pocket, four table spoons, two tea spoons, a pair of silver sugar tongs, a letter, and a pocket handkerchief; after that I took him to Bow-street.

RICHARD ARCHER sworn. - On the 20th of March, I assisted Mr. Barrett in taking him back to Mr. Wilson's house; I saw the property found.(Barrett produced the property, and the letter that he wrote).

Mitchell. These are all the property of Mr. Wilson.

Q.(To Barrett.) What is the value of these things? - A. We have had them weighed, and they weigh upwards of ten ounces, they are worth fifty shillings.

GUILTY Death . (Aged 36.)

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

Reference Number: t17980418-42

277. MICHAEL SULLIVAN was indicted for feloniously stealing, on the 29th of March , a cloth great coat, value 6s. the property of John Reading .

JOHN READING sworn. - I live with a gentleman at Richmond: I lost my great coat on Wednesday the 29th of March last, from Jermyn-street, St. James's , where I lodged; I was out when it was lost; I had hung it on a peg in the passage, at Mr. Bennington's; I saw the coat immediately after the prisoner was taken, I had it from Mr. Bennington.

JOHN BENNINGTON sworn. - I keep a house in Jermyn-street, St. James's: Mr. Reading, and his master, Mr. Monk, both lodged at my house; on the 29th of March last, I was shutting up my shop, about two minutes after nine; I was bringing out the shutters, and a the prisoner and two other boys ran against me with the shutters, I had the shutters upon my arm, one of them begged my pardon; I went on with my shutters, and they ran away from the door; the great coat hung; in the passage; and, seeing them go from the door, I immediately went to the passage, and missed the coat; I pursued them immediately; they were all three running, one before the other; I passed him that was the hindmost, and laid hold of the prisoner, who went first, and I saw the coat upon him, I immediately laid hold of him, and called the watch; the other two ran away.

Reading. This is the coat which I have on now.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17980418-43

278. JAMES ROBERTS was indicted for feloniously stealing, on the 20th of February , a pair of leather half-boots, value 8s. and another leather half-boot, value 3s. the property of James Coleman .

JAMES COLEMAN sworn. - I am a shoe-maker , No. 45, Broad-street, St. Giles's : On Shrove-Tuesday, the 20th of February last, I lost a pair of boots, and an odd one, from my cellar head, where they hung up for sale; a man came up first to me, and then two others came up; two of them called this man at the bar father, and one of them wanted a pair of shoes; while I was sitting a pair on, the other cut a pair of half-boots down, and ran away, and the prisoner prevented me from going after him.

Q. Are you sure that that man is one of the three? - A. Yes; and the next day, one of them came, and snatched at the other odd boot.

Prisoner's defence. I went down to buy a pair of shoes, and while I was down there, he said he had lost a pair of half-boots; and a day or two after I was going past, and he followed me, and took me up; I do not know any thing at all about it.

GUILTY (Aged 40.)

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

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

Reference Number: t17980418-44

279. JAMES PAGE was indicted for feloniously stealing, on the 5th of March , a silver watch, value 30s. and a seal set in metal, value 1s. the property of William Smith .

William Smith and John Williams were called, but not appearing, their recognizances were ordered to be estreated.

NOT GUILTY .

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17980418-45

180. WILLIAM MOORE was indicted for feloniously stealing, on the 18th of March , a linen shirt, value 5s. and a pair of worsted stockings, value 2s. 6d. the property of George Danes .

GEORGE DANES sworn. - I live in Well-street, Oxford-road: I was going on board a ship along with captain Moore, and the prisoner, two years ago, and he told me to come at five o'clock in the morning, and he was gone; he had taken a shirt and a pair of stockings with him; I did not see him take them.

Q. Did you ever find a shirt and stockings upon him? - A. No. I met him last summer in Berner's-street, and he told me, if I called upon him in Castle-street, he would give them me.

Q. Did he carry them for you, or what? - A. I gave them to Mrs. Moore, and she said she had put them in captain Moore's box; I went to the house that he directed me to, when he said he would give them me; I went, and he did not live there; he said he was captain of the Satisfaction sloop of war, and I made enquiry, and found he never was on the books of the Admiralty; he told me I need nto bring more than one shirt and a pair of stockings, because he had bought me a set of check shirts.

Q. And you gave him this shirt and stockings to take on board for you? - A. Yes.

Q.Where did he say the ship lay, was it in the port of London? - A. I do not know.

Q. You say there was no such ship as the Satisfaction sloop of war? - A. Yes, but he never was on board her; and I never heard of him again till I took him. I met him last summer; and did not see him again till last Friday, when I saw him at Bow-street; he was taken up for something else.

Q. Have you any doubt about his person? - A. No; I am sure he is the same person that had the stockings and shirt of me.

Prisoner's defence. The prosecutor left the shirt and stockings with Mrs. Moore; I had been arrested for debt a few days before; and upon my being liberated; I did not return to my house at Hampstead, but went to sea, leaving the shirt and stockings in the hands of the landlady.

GUILTY (Aged 50.)

Transported for seven years .

Court. Prisoner, you have been a very cunning man, I dare say, and I hope travelling will benefit your mind a little.

Tried by the second Middlesex Jury, before Lord KENYON.

Reference Number: t17980418-46

281. SARAH M'DANIEL was indicted for feloniously stealing, on the 23d of March , two hempen sacks, value 5s. 6d. the property of Thomas Anderson .

RICHARD RUSS sworn. - I live with Mr. Thomas Anderson , in Thames-street, a coal-merchant : On the 23d of March we lost two sacks from the corner of Bell-yard, in Golden-lane , out of the waggon that I drove; I was in the house taking the money for shooting; there was another man standing by the horses, that saw the prisoner take them; I had twenty-eight sacks in my waggon; I pursued her, and saw them taken from her.

WILLIAM HICKES sworn. - I was with Mr. Anderson's waggon: I saw the prisoner take two sacks out of the waggon; I went after her directly, and took them from her.

CHARLES EDMUNDS sworn. - I am a constable, (produces the sacks); Russ had them in his care till they came to Hicks's-hall.

Russ. These are the sacks; I marked them when they were taken from the prisoner; I know them to be Mr. Anderson's.

Hickes. These are the same sacks that the prisoner took from our waggon.

Prisoner's defence. I did not take it from out of the waggon; I picked it up, there was but one.

GUILTY (Aged 49.)

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

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

Reference Number: t17980418-47

282. THOMAS MARTIN was indicted for feloniously stealing, on the 17th of March , three silver shoe-buckles, value 15s. the property of John Bateman .

JOHN BATEMAN sworn. - I live in Red-lion-street, Whitechapel , I am a hardwareman and silversmith : On the 17th of March, I lost three silver shoe-buckles out of the shew-glass in the window; the glass was broke about two o'clock in the day, I was out at the time.

- BROWN sworn. - I live facing Mr. Bateman: On the 17th of March, about two o'clock in the day, as I was going on an errand for my mistress, I heard the glass crack, I looked round, and saw Thomas Martin and another boy at the window, they ran two different ways; a little while after that, I saw Thomas Martin come back, and he took three silver buckles out, and went away, putting them in his pocket.

Q. Did you know the prisoner before? - A. No.

Q. Are you very sure you are not mistaken as to his person? - A. Very sure.

ISAAC NATHAN sworn. - I was going past Mr. Bateman's, and saw a whole set of boys going backwards and forwards, and the prisoner was amongst them; I thought something was going forward, I turned round, and saw the prisoenr take the buckles out of Mr. Bateman's window.

Q. You are sure as to his person? - A. Yes.

Q. Did you know him before? - A. No; only I was in Rose-lane one day, when I heard him make use of an expression to his mother that is not fit to mention.

GUILTY . (Aged 14.)

Confined a fortnight in Newgate , and publickly whipped .

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17980418-48

283. SARAH HERMAN was indicted for feloniously stealing, on the 19th of March , a cloth coat, value 10s. a pocket-book, value 6d. and a pair of leather gloves, value 2d. the property of John Burton .

JOHN Burton sworn. - I am a grocer and cheesemonger ; On the evening of the 19th of March, I lost a great coat out of the passage adjoining the shop, with a pocket-book, and a pair of gloves, in the pocket; I hung it up in the passage about five o'clock, and about eleven I missed; it, I have seen them since. The prisoner was up one pair of stairs in the course of the evening, but I could not swear to her only from her voice, I took her up the following morning, the 20th of March; as I was going to Justice Wilmot's office, I enquired at some pawnbrokers, in Shoreditch, and found the great coat. I made her several overtures that I would

forgive her if she would tell me the truth, and she very willingly owned to it.

Court. Then, Gentlemen, I think the prosecutor has said enough to induce you to forgive her also.

NOT GUILTY .

Tried by the first Middlesex Jury, before

Mr. Baron HOTHAM.

Reference Number: t17980418-49

284. JOHN GIBBS was indicted for feloniously stealing, on the 2d of April , a peck of canary seed, value 1s. 6d. the property of Daniel Grimwood and William Whites .(The case was opened by Mr. Alley.)

JAMES SALMON sworn. - I am servant to Daniel Grimwood and William Whites , nursery and seedsmen , the prisoner was a servant of their's: On Tuesday the 3d of April, between five and six in the afternoon, I heard a noise in the inner part of the warehouse, and saw the prisoner there, he reached his arm under the boards, pretending he was looking for a holly-stick that he had cut some time before; I had no suspicion of him, but seeing him move a tub, as if it was to cover something, I saw this bag under the tub, I took no notice of it, But acquainted my master with it, and he desired me to watch for him; about seven o'clock he came through the hedge, and came to the hole which was in the warehouse, I heard him making a noise, endeavouring to move the tub; it got from the place where I was concealed, and I saw him take the bag out, and then I opened the door upon him, he dropped the bag and ran off; I pursued him to the corner of the warehouse, and I caught hold of him; says I, what have you been about here; I told him I had seen him take the seed; then he began crying, and begged I would not say any thing about it; he said, it was only some seed for some birds, and he would give me two of the young ones; I told him Mr. Whites knew of it, and I could not say any thing to it. I took him to Mr. Whites, and he sent for an officer; the bag had canary seed in it.

For the Prisoner.

Mr. GRIMWOOD sworn. - Q. How long has the prisoner been in your service? - A. Twelve years.

Q. What character has he maintained during that time? - A. He has been three or four times forgiven for similar things.

The prisoner called two other witnesses, who had known him several years, and gave him a good character.

GUILTY (Aged 21.)

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

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17980418-50

285. GEORGE FREAKE was indicted for feloniously stealing, on the 13th of March , a copper boiler, value 15s. of Moses Bullevant .

The prosecutor was called, but not appearing, his recognizance was ordered to be estreated.

NOT GUILTY .

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

Reference Number: t17980418-51

286. JAMES COOPER was indicted for breaking and entering the dwelling-house of Joseph Francis , about the hour of ten in the night of the 16th of April , the said Joseph, and others of his family, being therein, with intent the goods of the said Joseph to steal, and stealing a wooden drawer, value 6d. thirty-six penny-pieces, value 3s. 960 halfpence, value 40s. 120 farthings, value 2s. 6d. and three shillings and sixpence, the property of the said Joseph .

ELIZABETH FRANCIS sworn. - I am the wife of Joseph Francis , baker , No.97, Upper East-Smithfield : Last Monday the shop-door was opened at past ten o'clock at night, I was sitting in the parlour behind the shop, and heard a chink of money; it surprized me, I ran as fast as I could into the shop, and saw the shop-door open; I ran behind the counter, and there was the till drawn out of its place, and laid upon the floor, and as I was stooping down to pick it up, the boy at the bar crept from under the counter, and brushed past my clothes.

Q. Are you sure that is the boy? - A. Yes; I cried out, You thief, you thief; he had no shoes on, and he ran to the door, and jumped down three steps; I called watch, thieves, and he jumped almost into the watchman's arms, and he brought him in immediately.

Q. What was in this till? - A. About three pound's worth of halfpence and farthings, and three shillings and sixpence in silver.

Q. Was he near the till when you first saw him? - A. Quite close to it.

Q.How could the boy get there? - A. By opening the door.

Q. When had you last seen the drawer? - A. Not ten minutes before; he saw me serving a person with a quartern loaf, I dare say.

Q. Are you sure no person had been in after that customer went away? - A. Yes; I then went and sat down to my work in the parlour, till I was disturbed by the noise of the rattling of the money.

Q.Had you no servants that might have gone out in the mean time? - A. Every body in the house was in bed but myself, and a little girl about twelve years old, and she was in the room with me all the time.

Q. Who shut the door when the customer went

away, the customer or you? - A. I did; there is a latch to the door, and a bell upon it.

Q. Are you sure you put down that latch? - A. Yes; I am sure it was latched.

Q. Do you mean to swear that you paid that attention to it, that you can swear the latch was down? - A. Yes; I do; we always do it after every person that comes in after dark; I am sure it was down.

Q. You swear that? - A. Yes.

Q. Did you hear your latch open? - A. No.

Q. Did you hear the door open? - A. No.

Q. It was quite dark at this time? - A. Yes, past ten o'clock.

Q. Where was your husband at this time? - A.in bed. He came down in his shirt when I cried out.

Q. Are you perfectly sure he is the same boy you saw in the shop? - A. I am.

Jury. Q. You say there was a bell at the door? - A. Yes.

Q. Did not you hear the bell go? - A. No. Any body might come in if they opened it gently, without the bell ringing, if they opened it with a steady hand.

Court. Q. Do not you think it more probable that he might have slipped in when the customer went out, than that he should have opened the door? - A. No, he did not come in with the customer.

JOHN WOOD sworn. - I am a watchman of St. John's, Wapping: I was calling the hour of ten, when Mrs. Francis called out, watch, thieves, three times; I came immediately to the door, and the boy came upon his hands and knees till he got to the door, and then he gave a clear jump down the steps almost into my arms, he was not a yard away from me; I took him back to Mrs. Francis, and she said he had taken the till from behind the counter; he did not say any thing to that.

Prisoner's defence. I have been out of work a long time, and my father and mother too; and I had been down to Blackwall to see for some work, and as I was coming home very late, and going as fast as I could, and the watchman caught hold of me; I never was in the shop at all.

GUILTY (Aged 12.)

Of stealing to the value of 39s.

Transported for seven years .

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

Reference Number: t17980418-52

287. HENRY BILLING was indicted for feloniously stealing, one the 7th of March , eighteen yards and a half of calico, value 2l. A. muslin shawl, value 6s. three yards and a half of linen, value 5s. another muslin shawl, value 6s. a chintz shawl, value 10s. and a paper book bound in vellum, value 2s. the property of Robert Atkinson and Richard Clarence .(The case was opened by Mr. Matthews).

THOMAS RODWELL sworn. - Examined by Mr. Matthews. I am warehouseman to Messrs. Robert Atkinson and Richard Clarence , linen-drapers , No. 89, Minories ; they have no other partner: On Wednesday morning, the 7th of March, we were alarmed by a watchman, between the hours of one and two, of the warehouse door being open; we got up and went to the warehouse door as soon as possible; upon examining the goods, we found some Irish cloths, and a great quantity of other goods removed from their places, which induced me to suppose it was done by somebody who knew the premises. The prisoner had been our porter a year and a half.

Q. Did he lodge in the house? - A. No. The suspicion then fell upon the prisoner at the bar; I went, with Mr. Clarence and the watchman, to see if the prisoner was in bed; I knew where the prisoner lodged, we did not know the number of the house, it was in Cable-street, near Wellclose-square; we rapped at the door some little time; the prisoner, in the course of a little time, looked out of the window apparently in his shirt; Mr. Clarence told him, he wished to speak to him, or wished him to come down, I don't know rightly which; he then said he was not up; we waited there a considerable time, but the door was not opened; I waited about half an hour, and then I went away.

Q. During the half hour that you waited, did you hear any thing in the house? - A. No, I did not.

Court. Q. What did you go away for? - A. I went to inform Mrs. Clarence where Mr. Clarence was. When I came back, there were several watchman upon the ground floor, Mr. Clarence was up stairs. None of the goods were found in my presence.

Cross-examined by Mr. Knowlys. Q. I think you said this was between two and three o'clock in the morning? - A. Yes.

Q. And he appeared in his shirt like a man; just out of bed? - A. Yes.

Q. Just as you would have done, if you had been called up in the night? - A. Yes; I saw nothing but just his arms and shoulders.

JOHN HAYWOOD sworn. - I am a shopman belonging to the prosecutor: About a quarter past one on Wednesday morning, the 7th of March, I was called up by three rings at the door; I asked what was the matter; the watchman told me the warehouse door was open; and, in the warehouse, I found a slat basket filled with five pieces of Irish

linen and six pieces of muslin handkerchiefs; I took up the basket, and looked at the Irishes; I immediately found they were of the best make and the highest prices; I suspected it must be somebody that knew the premises; I then went backwards to see if any thing was disturbed, and the handkerchiefs were taken out of the box in the back warehouse, and the lid shut down.

Court. Q. How did the person get into the the warehouse? - A. By picking the locks of the street door, there were two locks and a latch; I was then asked to go to Billing's house; I did not go immediately; Mr. Clarence went to the house, I stopped in the warehouse.

Q.How long was it before you went to the prisoner's house? - A. About three quarters of an hour. On entering the room on the first floor, I saw a constable and Mr. Clarence searching, I saw them take up a muslin shawl from a box which stood by the bedside; Billing's wife was in bed at the same time; the shawl appeared to be our's; there was a girl in bed on the other-side, and the wife said, you need not take that shawl, for it is that young woman's. Mr. Clarence asked me if I thought it was our shawl, I said, I believed it was; we took the shawl, and told the young woman if it was her's, she should have it again; she disowned the shawl being her's afterwards.

Court. Q. Upon examining the shawl, it turned out to he your's? - A. Yes.

Q. Was the prisoner dressed then? - A. Partly dressed.

Q. What was his appearance? - A. His shirt was all over foot and dirt, and both his hands and face were footy. We then made further search, and found a piece of Corsa muslin, it is an India muslin which goes by the name of Corsa, and some remnants of Irish; afterwards we searched under the bed, and found some remnants of bed-furniture tied up under the bed, in a little bundle, between the sacking and the bed, and some other things, which I do not now recollect; the bed-furniture was printed cotton.

Q. Did you find any thing else besides what you have stated? - A. Some other things, which will be produced. The next morning I got up early, about six o'clock, and found Mr. Clarence there, and Mr. Fox the constable; I then went up stairs, and found some few things, which we had no doubt were our's; we then went down stairs into the cellar, and under the chamber stairs, going down, we found a green vellum-coloured book, a writing-book, lodged on the bearers of the stairs, in which we used to keep an account of the goods we bought; we then went down the cellar, and searched the cellar thoroughly, and found nothing; but, on going up stairs, I found in some dust a shawl, which proved to be our shawl, with my own mark upon it. I then gave it into the custody of Tipper, a constable.

Q. Had you any conversation with the prisoner respecting the articles then found? - A. I told him the things appeared much against him, he said he knew no more about it than a new born child; but he said he never took any of the goods, except the few remnants of cotton that were found under the bed.

Cross-examined by Mr. Knowlys. - Q. Is there not some other persons concerned in the firm, besides those gentlemen? - A. No, I believe not.

Q. Do you know it, of your own knowledge? - A. Yes.

Q. Before this man came down stairs, there would have been ample opportunity to remove the things, if he had been so desirous to do? - A. Yes.

THOMAS HOPGOOD sworn. - I am a watchman: My box was close to the door of Mr. Atkinson's warehouse. Just before one o'clock of the 7th of March, I saw two men walking backwards and forwards, and while they were walking, the clock struck one; I went my best as fast as I possibly could, and I ran all the way back as quick as possible; when I came to my box, which is at the corner of the house, I met a man, I said, pray what do you do here.

Court. Q. Was that one of the men that had been walking backwards and forwards? - A. Yes. He made me no answer; I got immediately to the warehouse door, and I found it open; while I was going to the door, he ran off, as fast as possibly he could, across the field; I called stop thief; it being rather dark, he was soon out of my sight; I called to Box, another watchman, that was close by, to stand at the door, while I alarmed Mr. Clarence; and when they got up, we went into the warehouse; there we found a large basket, with those things in it.

Court. Q. You say you saw a man, and you asked him what he did there? - A. I did; he made me no answer at all. I went afterwards to the prisoner's house; I saw the prisoner look out of the window, and answer Mr. Clarence.

Court. Q. Look at the prisoner, was he the person that made you no answer, when you said,"what do you do here?" - A. I think he was the person.

Q. Then, if I understand you right, you believe the prisoner was the person, but you will not swear it positively? - A. I will not.

Q. Did you tell your observation to Mr. Clarence, that night? - A. Yes.

Q. How long did you wait at the door? - A. Near three quarters of an hour. I heard people stirring about the house; after we had been there

about three quarters of an hour, we saw a cellar window; the door was not opened at all; this cellar window Mr. Clarence found, there was no fastening to it; we opened the window, and got in; we went up stairs, and we searched the house above and below; the constable and Mr. Clarence stood at the door to see that nobody got out; we went backwards, and searched the necessary; we were looking to find the prisoner; at last we were coming into the kitchen, and Harry came in where the pork was, we asked him where he had been, and he made no answer; we suspected he had got over the pales, and on my getting over the pales, they were five or six feet high, I saw something lay upon the Jews necessary-seat; then we searched the necessary on Harry's side with a stick, but could not find any thing.

Q. This was the first visit? - A. Yes.

Q. Did you see any thing besides what you found yourself? - A. I saw many of the things found.

Q. Did you see any other person find any thing? - A. Yes; Box took hold of many things.

Q. State what they were like, were they in bundles, or open? - A. Open.

Q. Did you hear any thing said to the prisoner about them? - A. No.

Q. Was his examination taken in writing before the Magistrate? - A. Yes; certainly it was.

Cross-examined by Mr. Knowlys. Q. One man you could positively swear to? - A. There was no man I could positively swear to.

Q. Did you describe them both to the prosecutors? - A. Yes; one had a blue coat on.

- Box sworn. - I am a watchman: On the 7th of March, about one o'clock in the morning, the watchman came to me, and said, for God's take come over the way; I ran as hard as I could, and found the warehouse door open; and when we went in, there was a large basket by the warehouse door. We then went to the prisoner's house, and we knocked a long time; Mr. Clarence called Harry, I want to speak to you; we were there three quarters of an hour, before we got into the house; we got in at the cellar window; we found a muslin shawl on a box in the prisoner's bed room, and a piece of Irish; Mr. Clarence found them; as fast as he found them, he gave them to me. There was some bed furniture found between the the bed and the sacking; I have kept them ever since. There were a great many things; I cannot speak to them particularly; a piece of muslin, a shawl, and bed-furniture. (The things produced.)

Q.(To Hayward.) How do you know that shawl? - A. If you examine that shawl it is cut crooked from what we generally cut them, and this shawl exactly matches with what we have got.

Q. Upon the whole, you can swear that to be the property of your masters? - A. I will undertake to do it. This is the bed-furniture that was found between the bed and sacking.

Q. Is that the furniture he said he had taken from his master? - A. These are the pieces that he said he had taken out of the rag-tub.

Q. Look at that book, is that the book he said he had taken? - A. This is the book.

Q. Is there any of your writing in it? - A. No.

Q. Is there any of Mr. Clarence of Mr. Atkinson's writing in it? - A. No. I have seen the book before, and I will undertake to swear to it.(A coloured shawl shewn to the witness). This has my private mark upon it.

Cross-examined by Mr. Knowlys. Q. You say a single muslin shawl was found in the prisoner's house? - A. Yes.

Q. You found it cut apart from that piece? - A Certainly.

Q. Where did you find the remainder? - A. It was packed up in a box to go to Barbadoes, but it did not go.

Q. That has been cut? - A. Yes; from the others.

Q. Is there any private mark upon that which was found in the prisoner's house? - A. No. I packed those four into the box.

Q. How do you know that has not been fold? - A. I will undertake to say that we never sold but one of them.

Q. When you packed it, there were only four? - A. No.

Q. Then how do you know it was never sold? - A. I know it because it was never brought into the retail shop.

Q. How do you know it? - A. By the manner it was cut, for no man in our shop would have cut it off in that manner.

Q. Do you mean to say, that that shawl, which you found in the dust, was never sold? - A. No, I will not.

Prisoner's defence. These people came to the door and knocked, I jumped out of the bed, and went down immediately; before I got down they were in; I ran down stairs without breeches on; they broke into the cellar window, it was hooked upon a chain; and when I came down, Mr. Box went towards a place that was closed, and he took a piece of print, he said he took it from the necessary; they opened the drawer where I kept my money, and they took out fifteen shillings. I bought some of the things in the fair, and some at the door. If I had meant to be a thief to my master, I could have robbed him of thousands and thousands of pounds; I lived with him about a year and a half before, and then I lived with him again.

The watchman said before the Lord-Mayor, the other person was the man, but when he found he could not lay hold of that man, he got hold of me. There was a woman that laid in the same room that night, and that shawl she brought in, but before the Lord-Mayor the said it was not her's.

Eight witnesses were called, who said they had known the prisoner from three to eight years, and gave him a very good character.

GUILTY (Aged 30.)

Transported for seven years .

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

Reference Number: t17980418-53

288. THOMAS SMOAKHAM was indicted for that he, in the King's highway, in and upon Henry Embleton , did make an assault, on the 11th of March , putting him in fear, and taking from his person a silver watch, value 2l. a steal watch chain, value 6d. a steel seal, value 2d. an iron watch key, value 2d. and an iron trinket, value 1d. the property of the said Henry.

HENRY EMBLETON sworn. - I am a gardener : On the 11th of last month, I was in a public-house, a watering-house; the prisoner was in the house; I was a little in liquor, and the prisoner was conducting me over Westminster-Bridge ; I had been in a place where I never was before; when we got upon the bridge, he robbed me of my watch, he drew my watch from me, and I seized him by the collar, and immediately we both sell down; we had a struggle, I called watch, and a watchman came to my assistance, and he was apprehended; says he, this man wants to b-r me.

Q. Had you made any indecent attempt upon him? - A. No, only holding him, after he had taken my watch.

EDWARD TOWNSEND sworn. - I am a watchman: I heard the call of watch, and went up, and found the prosecutor and the prisoner on the pavement, they had tumbled down by struggling; I disengaged them; when I came up, the prosecutor accused the prisoner of taking his watch from him; I parted them, and when I pulled up the prisoner, the watch dropped from him (the watch produced); Mr. Chetwynd picked it up.

Q. Did you know the prisoner? - A. No; I never saw him before.

- CHETWYND sworn. - I heard the prosecutor call out watch, and I went up, and the watchman and I parted the prosecutor and the prisoner, and I picked up the watch.

Prisoner's defence. I was in the public-house getting a pint of beer, and that man was in the box that I was in; he was very much in liquor, and asked me if I would see him home, and I said I would, and going along, he swore at the watchman.

Court. (To Townsend.) Q. Did the prosecutor swear at you, or ill use you? - A. No.

GUILTY Death . (Aged 25.)

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17980418-54

289. WILLIAM MARSON was indicted for feloniously stealing, on the 23d of February , fourteen gold mourning rings, value 10l. the goods of William Ward , privately in his shop .

WILLIAM WARD sworn. - I am a jeweller in Cheapside: I can only speak to the property.

JOHN SHARP sworn. - I am shopman to Mr. Ward: On Friday, the 23d of February, I had occasion to shew some mourning rings to a customer, I sent to a ring-maker, and he sent me a case containing fourteen rings; his name is Hopkins; I put them on the end of the counter.

Court. Q. Is Mr. Ward liable to pay for those rings? - A. Yes. I put them on the end of the counter, expecting the gentleman to call, but he did not call that day; I saw them in the case about five o'clock, when I returned from dinner; about seven, the prisoner came in with a gold ear-ring, and asked if I could match it; I said, we had some nearly like it; I was seeking for them, with my back to the window, when I suppose he took them. He did not purchase the ear-rings, but went out of the shop. About an hour after the usual time of shutting up shop, I missed the case of rings.

Court. Q. Those fourteen rings you would have sold, if any body had fancied them? - A. Yes; I got them for that purpose. I endeavoured to recollect who had been in the shop from five to eight, and I could not recollect any body coming in but the prisoner. On the Saturday evening, two rings were brought to me. That is all that I know about it.

JOHN FELLON sworn. - I am an officer in Cheap Ward: About seven o'clock, on Saturday evening, the 24th day of February, I was sent for to Messrs. Savory and Pryer's, in the Poultry; I had a ring gave me which was broke in four pieces; I met the prisoner at Mr. Pryer's, he said, his mother lived in Houndsditch; I went down the Poultry, up Throgmorton-street, and through Bishopsgate Church-yard; in going along, he asked me to go and drink; I told him, I would not; there was some silver in his left hand pocket, and it rattled. Coming to Houndsditch, he told me that was not the street where his mother lived, but, that his mother lived in Jerusalem-court; I told him there was no such court, and I took him to the Compter. I searched him at the Compter, and in his sob pocket I found an enamelled ring, one guinea, one half-guinea, five seven-shilling pieces, and some silver. On Monday, he was examined before the Lord-Mayor.

Court. Q. Was that examination taken down in writing? - A. I believe so. We went where he told us he had sold the rings. After he had been examined before the Lord-Mayor, I went to a silversmith and jeweller's shop in Lombard-street, I think his name is Hill, there I found a ring, that ring was delivered to me; we went from there to Bishopgate-street, to a Mr. Venable's, there was another ring there, I had that; then we went near Norton-falgate, to one Mr. Barker, a pawnbroker, there was a ring there, which was pawned, I got that; then we came to Cornhill, I don't know their names, they kept the rings themselves; the prisoner took me; I saw one in each of the houses in Cornhill; there were three houses. He was committed, on the 5th of March. I have nothing more to say about it.

EDWARD HOPKINS sworn. - I am a ring-maker: On the 23d of February last, on a Friday, I received a note from Mr. Ward, Cheapside, desiring I would send him some mourning rings, and I sent them. I saw two of the rings on Saturday evening, they were brought to my house by the officer and Messrs. Savory and Pryer's servant.

Court. Q. Have you seen any of the rest? - A. I have seen all that were found; the first, at Mr. Hill's, in Lombard-street; the second, at Mr. Venable's; and the third, at Mr. Barker's. Since that, there was one found by an old man. I have nothing else to say.

Court. Q. Was there any figure upon them? - A. Some of them were family rings of different inscriptions.

JAMES HILL sworn. - I am a jeweller, I know the prisoner: On the 23d of February, towards the evening, on a Friday, he came into my father's shop, and brought an ear-ring in his hand; he wanted to know whether we had a pair to match, saying, that there were two maid-servants living in the house that he did, and one was jealous of the other, because she had a pretty pair of ear-rings. Before he went out, he asked if my father bought rings; I told him, yes; and he brought one about five o'clock, on the Saturday, to felt; when my father paid him the money for it, he said he had another, that his mother wanted money, and he would come again him half an hour. On the Monday, I saw him with the officer.

- VENABLES sworn. - I am a watch-maker: The prisoner came to me on Saturday morning, the 24th of February, he sold me a ring; I gave it afterwards to the officer. I can swear to the prisoner.

WILLIAM BARKER sworn. - I know the prisoner; he came to me on the 24th of February, on a Saturday, he pledged a ring with me; I am a pawnbroker; I gave it to the officer.

JAMES HENDERSON sworn. - My father is a jeweller; I know the prisoner: On Saturday afternoon, the 24th of February, he brought a ring to me to sell, I have it now in my possession; I bought it for my father.

JOHN NICHOLLS sworn. - I am a jeweller: The prisoner sold me a ring on the 24th of February last, on a Saturday; I asked him, how the ring came broke' so; he said, it was his father's, and it had sell down and was trodden upon. I saw the prisoner with the officer, I am sure it is the same person.

HENRY GEE sworn. - I am a barber and periwig-maker: I never saw the prisoner till he was carried before my Lord-Mayor. I found a ring in Angel-court, Throgmorton-street, an enamelled one, on Monday, the 26th of February, about five of six minutes after nine in the morning, which Messrs. Savory and Pryer had from me.

Mr. Ward, I saw the rings delivered to Messrs. Savory and Pryer.

Gee. I went to ask the value of it. The officer has it now.

Q.(To Fellon). Did you receive a ring from Mr. Pryer? - A. No, from the ring-maker.

Q.(To Hopkins). Where did you get the ring you gave to the officer? - A. Savory and Pryer's servant came with the officer, and brought the ring.

Q.(To Gee). Could you speak to the ring if you were to see it again? (The ring produced) - A. Yes, that is the ring.

Q.(To Ward). Look at that ring, was that the ring that was delivered? - A. Yes.

Q.(To Fellon). Did you at any time, with the prisoner, pass Angel-court? - A. Yes.

Q.(To Gee). Where did you find it? - A. In Angel-court, within three yards of Throgmorton-street.(The rings produced).

Q.(To Hopkins). What is the value of the rings, the intrinsic value? - A. About eight shillings a piece.

Prisoner's defence. On the 24th of February, on a Saturday morning, about eleven o'clock, on going into Spital-fields, I saw a little parcel in white paper lay in the kennel, and I took it up, I went into any entry to see what it was; I did not know whether they were gold or not; one I pledged, some I kept, and the others I offered for sale. I have no friends in London.

One witness was called, who had known the prisoner about eighteen months, by lodging with him, and he gave him a good character.

GUILTY Death . (Aged 18.)

The Jury recommended him to mercy, on account of his youth.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980418-55

290. JAMES SHARP , JOHN DAVIS , and JAMES HINDES were indicted for feloniously stealing, on the 26th of February , a live tame cock, value 2s. seven live tame hens, value 12s. and a live tame rabbit, value 3s. the property of Henry Whitefield , D.D.(The case was opened by Mr. Raine.)

JOSEPH BANNISTER sworn. - Examined by Mr. Raine. I am servant to Dr. Whitefield, who resides at Bedfont .

Q. Do you remember, on the evening of Sunday, the 25th of February, looking at his poultry? - A. No. I fed the rabbit that evening; I left it safe, it was a doe rabbit.

Q. Why did you attend particularly to this rabbit? - A. I fed it every evening; I locked it up, the last thing, about eight o'clock that evening, in the tool-house.

Q. Did you look to the poultry at all? - A. No, I did not.

Q.Where was the poultry kept? - A. In the same yard, a little further, in a different house. The next morning, about seven o'clock, I found the door of the place, where the poultry was kept, open, I had left it shut the evening before; I missed seven live hens, and one live cock; I then went to the tool-house, and found the rabbit was taken out, the door was open.

Q.When did you next see any of your master's property again? - A. The evening of that same day; Monday, I saw this same doe rabbit, and several fowls, taken out of Bedfont river, in two baskets, between seven and eight in the evening.

Court. Q. How far is the river from Dr. Whitefield's? - A. About a quarter of a mile. I believe some of the fowls were my master's, but the wings and tails were cut. I saw the prisoner Sharp immediately after, and the other two prisoners about half an hour afterwards, or three quarters.

GEORGE ADDINGTON sworn. - Examined by Mr. Raine. I live at Bedfont: On Sunday the 25th of February, I saw all the three prisoners, about half past seven, coming from Bedfont towards Stanwell.

Q. How far from Dr. Whitefield's? - A. About a quarter of a mile, or hardly so far; they were driving two asses, with baskets on one, and panniers on the other; the next evening, Monday, about half past four, as high as I can guess, I saw Davis and Hindes come down from Staines towards Bedfont, with one ass, and in a quarter of an hour the other prisoner, the old man, came up, with two baskets upon his shoulders; then Sharp came up through the Shot first, and then Davis, went into Mr. Spurnell's Stony-close, and I saw them take the fowls out of the hedge, and put them into the the baskets; Hindes staid at the gate with his ass; I went and alarmed Bedfont, and then pursued them; and I saw Sharp on the top of the river bank, he threw some of the fowls out of the basket into the river, and then they were taken.

JOHN NEALE sworn. - Examined by Mr. Raine. I live at Bedfont: About a quarter after five, as near as I can guess, on the 26th of February, I heard the alarm; I went to Mr. Spurnell's Stony-close, and there I saw Sharp upon the river bank; I saw him make a bit of a stop, and threw two baskets off his left shoulder into the river.

Q. Before you came up with Sharp, was he walking or running? - A. He was running along the river bank as fast as he could, loaded.

Q. Were you present when he was taken? - A. Yes; and when Davis was taken, both.

JOHN HASTINGS sworn. - Examined by Mr. Raine. I live at Bedfont: Upon the alarm being given, I went to the river side, about five o'clock in the afternoon of the 26th of February, I saw Richard Foot bring two baskets out of the river; it contained one duck, a rabbit, and several fowls besides.

Q. How soon after was Bannister there? - A. He came up directly.

Court. Q.Whereabouts was it that these baskets were thrown into the river? - A. Very near Mr. Spurnell's Shot.

Q.(To Bannister.) Did you see these things? - A. Yes.

Q. Did you know the rabbit? - A. Yes; it was my master's rabbit that I locked up on the Sunday night, and that I missed on the Monday morning; I am sure it was the same rabbit.

Q. Was it a buck or a doe rabbit? - A. A doe rabbit; it had got spots round both its eyes.

Court. Q. If you had been shewn that rabbit in London, should you have known it again to be your master's rabbit? - A. Yes; I should have known it any where.

CHARLOTTE STANNING sworn. - Examined by Mr. Raine. I am servant to Dr. Whitefield.

Q.Did you see these baskets after the men were taken? - A. Yes; I saw two of the hens, and the baskets, at the Duke's Head; I know two of the hens, because I had cut their wings and their tails; I am certain they were Dr. Whitefield's; one of them was a dark speckle, and the other a light one, there were a great many more hens in the basket, but I can only speak to these two.

Sharp's defence. Davis was going along one side of the hedge, and I on the other, and he said that he thought he saw something lying under the grass, and he went to look, and picked up these fowls, and gave them me.

Hindes's defence. I was not there, I waited with the asses in the main road.

Davis's defence. I was going along, and saw something white in the grass, and I picked up these fowls, and gave them to Sharp.

Sharp, GUILTY (Aged 58.)

Davis, GUILTY (Aged 18.)

Hindes, NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17980418-56

291. JAMES SHARP , JOHN DAVIS , and JAMES HINDES , were again indicted for feloniously stealing, on the 26th of February, a live tame cock, value 2s. and six live tame hens, value 12s. the property of John Baker .

All three NOT GUILTY .

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

Reference Number: t17980418-57

292. JAMES SHARP , JOHN DAVIS ; and JAMES HINDES , were again indicted for feloniously stealing, on the 26th of February , a live tame cock, value 2s. six live tame hens, value 12s. and four live tame ducks, value 7s. the property of William Sherborne .

WILLIAM SHERBORNE sworn. - I live at Bedfont ; I am a farmer : I lost four ducks, six hens, and a cock, on Sunday night, the 25th of February, I had seen them about five o'clock in the afternoon; and the next morning, they were gone. My fowls were afterwards found upon Sharp.

- HASTINGS sworn. - I saw Richard Foot pull the baskets out of the river at Bedfont, on Monday evening, -

Q. Is he here? - A. No. He carried them to the Duke's head, and Mr. Sherborne owned some of them, both fowls and ducks.

Q.(To Sherborne). Were any, and which of those fowls and ducks were your's? - A I think they were; the ducks were nearly all white, there was hardly a speck about them.

Q. Was there any speck? - A. No.

Q. Was there any thing particular about the fowls? - A. One was a remarkable fine speckled cock, and I believe it to be mine; and there was a bantom hen, it was as much like mine as one fowl could be like another.

JOHN NEALE sworn. - I was in Bedfont at the time this alarm was given, on Sunday, the 25th of February, about five o'clock in the afternoon, by George Appleton ; he said, he saw a man take the fowls out of the hedge, and I saw Sharp run along the river bank with two baskets on his shoulder, and throw them into the river off his left shoulder; and I followed him till he was taken. Afterwards, I saw the baskets taken out of the river; I am sure they were the same baskets that he had upon his shoulder.

Q.Did you see any thing of Davis or Hindes? - A. I overtook Davis in the Ashstead road, and I afterwards saw Hindes and Davis in Bedfont, on Sunday morning, about nine o'clock.

GEORGE APPLETON sworn. - I saw these three men on Sunday evening, with two donkeys, going from Bedfont towards Stanwell; they had two hampers upon one ass, and two baskets upon the other; I did not take any notice of them then; and, on Monday evening, about five o'clock, I saw Davis and Hindes coming from towards Staines, with one ass; and, in about ten minutes, or a quarter of an hour, Sharp came up with the other ass; then I saw them come up the Shot to Mr. Spurnell's Stoney-close, and I saw them take the fowls over the hedge, and put them into a basket; and then I went and gave the alarm. When I came back, I saw Sharp upon the river bank, with he basket upon his shoulder, then he took some fowls out of the basket, and threw them into the river, I cannot say, how many; I did not see them taken out afterwards.

Q. Was Foote with you at the time the fowls were thrown into the water? - A. No.

Q. Was Hastings there? - A. No; I do not know who was there; I pursued the man, and took him.

Sharp's defence. I found them in the hedge.

Davis's defence. Going through the hedge, we saw them in the grass.

Hindes's defence. I was not there, I was in the road along with the asses.

All three GUILTY .

Transported for seven years .

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

Reference Number: t17980418-58

293. MARY-ANN DICKSON was indicted for feloniously stealing, on the 17th of February , a silk petticoat, value 10s. three yards of linen and woollen cloth, value 3s. a woman's beaver hat, value 1s. 6d. three yards of calico cloth, value 2s. three yards of blue Persian silk, value 2s. half a yard of pink Persian silk, value 6d. a bead and steel watch-chain, value 1s. 6d. a fausse montre set in metal, value 12d. a book of Common Prayer, value 2s. and three seven-shilling pieces, the property of James Gibbons , in his dwelling-house .

JAMES GIBBONS sworn. - I keep a house in Oxford-road ; I am a linen-draper : The prisoner was my servant about six or seven weeks.

Q. Do you know whether the property was all taken at one time, or at different times? - A. I do not know. I lost the property mentioned in the indictment; I found them in the possession of

the prisoner in the presence of the officer, she had gone away early in the morning unknown to me; I found them packed up in the coach, she was going down to Norfolk.

Q. Had you a character with her? - A. Yes; from a very respectable man in a public office under government.

GUILTY (Aged 19.)

Of stealing, to the value of 39s.

Fined 1s. and passed.

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17980418-59

294. ROBERT COOKSON was indicted for feloniously stealing, on the 21st of February , twenty-six pounds of hair-powder, value 13s. seven rolls of pomatum, value 3s. five pieces of soap, value 1s. 3d. two tooth-brushes, value 6d. and a box of tooth-powder, value 4d. the property of Andrew Johnson .(It appearing in evidence, that Mr. Johnston had a partner , and that therefore the property in the indictment was not the property of Mr. Johnston Solely, but of him and his partner, the Court directed the Jury to find the prisoner.

NOT GUILTY .

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

Reference Number: t17980418-60

295. JOHN LUTTMAN was indicted for feloniously stealing, on the 1st of April , one watch inside case and outside case made of silver, value 2l. a steel chain, value 6d. and a base metal seal, value 1s. the property of Gabriel Jones .

GABRIEL JONES sworn. - I am a brass-founder , I work at No. 5, Prince's-street, Barbican: As I was coming up Snow-hill, by George-yard , the prisoner crossed over and snatched my watch from me, about half past nine in the evening; I ran after him, he had got about ten yards; he ran down George-yard, I followed him through a court into Chick-lane, and laid hold of him; a Mr. Smith came to my assistance, and he wanted me to go to a house belonging to one of the prisoner's fellow-servants, but I said, I would go into the first public-house, it was the Cooper's-arms, there was a very bad set in it, it is in Chick-lane; when I got him into the house, I was used very ill by a mob of about twelve people; they pushed me about-a man who is a witness, told the prisoner to sit down, but the prisoner immediately made a push to run away; the landlord said, let him go, for he knew the man, and he would bail him for his appearance, in the morning; the landlord struck me over the arm, and told me to let go of him, and then Mr. M'Carthy that is here, said, let him go; he came in in about ten minutes or a quarter of an hour afterwards to be searched.

Court. Q.Was any thing found upon him? - A. I would not have him searched then; I am sure this is the man, I never missed sight of him but once.

Cross-examined by Mr. Knapp. Q. This was the 1st of April? - A. Yes; about half past nine o'clock.

Q. Was it light or dark? - A. It was dark.

Q. Were there many persons in the street? - A. No; I began to call stop thief.

Q. Did any body come to your assistance? - A. No.

Q. Where had you been that evening? - A. I had been in Long-acre, and had a pint of beer.

Q. Had you no more than a pint of beer? - A. Yes; one or two.

Q. Any thing else? - A. A glass or two of gin.

Q. Upon your oath, were you not quite drunk; - A. No, I was not.

Q. About three parts over? - A. No; what I call half and half.

Q. Was not the prisoner at the bar extremely desirous of being searched? - A. I don't know that he was.

Q. The landlord, you say, hit you upon the arm? - A. Yes, that is true, and I was very much shoved about.

Q. This did not arise from your drunkenness? - A. No.

Q. Do you know Mr. Bull? - A. No.

Q. Do you know that gentleman, (pointing to a gentleman)? - A. Yes, I know him very well; he came in after the man had been out of the house.

Q. This court was pretty dark that you went into? - A. Yes.

Q. Will you swear you could see him two yards before you? - A. Yes.

Q. You called to Smith to stop this man-do you know where Smith lives? - A. Yes.

Q. Have you desired him to come here? - A. Yes; I did so.

Q. Did not the prisoner, while Smith was present, desire to be searched? - A. They wanted me to take him into a house; Mr. Smith said, let me take him back to the house where he said he came from, and let us search him.

Q. And you did not chuse? - A. No.

Q. How long had you had the watch? - A. Five months.

Q. Tell us the maker's name? - A. It is Greyhurst; I bought it in Bishopsgate-street.

Q. Did you never leave sight of him till you got him into the public-house? - A. Never, only in the turning of the court.

WILLIAM M'CARTHY sworn. - I am a cheesemonger by trade, I am out of business now: I happened to be at the public-house at the time the prisoner came in, the young man had hold of him

when he came in, and kept crying out in the tap, and said, he was the man that robbed him of his watch. The prisoner said nothing at all till a good many of his acquaintances came in and pulled the young man about; the publican said, he knew the prisoner, and he would be bail for his appearance.

Court. Q. Did you see him touch the young man? - A. I did not see it.

Q. What did they do to the prosecutor, Jones? - A. No otherwise than they took the young man and pushed him about, and myself.

Q. Then he was not searched in your presence? - A. No.

Cross-examined by Mr. Knapp. Q. You are sure the landlord did not touch him? - A. Yes.

Q. Was Jones sober? - A. I cannot say he was sober; I was sober.

Court. Q. Was the young man sober enough to know what he was saying? - A. I cannot say; he said he knew the man.

Mr. Knapp. Q. Did he appear so sober that he could recollect what he was about? - A. I cannot tell.

Q. Was he not very drunk? - A. He appeared to be so; but he stood steady enough and firm enough.

ELIZABETH ROBERTS sworn. - I am a carman's wife; I was having my supper between nine and ten o'clock on Sunday night, I heard the cry of stop thief; I met the prisoner and Mr. Smith, they were bringing him back to Mr. House's; after they stood there a good bit, they took him to Mr. Dye's, the Cooper's-arms, there were a dozen people in the tap-room, at least they took the prisoner out by force, into a back parlour, and I happened to catch hold of the button hole side of his coat, he was there about three quarters of an hour, and then he came into the tap-room, and said, now search me, they refused to search him; Mr. Dye was bound for his appearance on Monday.

Court. Q. Was there any constable? - A. No; we went for a constable, but he was not at home.

Q. How was the young man, was he drunk or sober? - A. I believed him to be in liquor a good deal; he seemed to cry, and make a great deal of noise about his watch.

Q. Before they took him into the back-room, did he offer to be searched? - A. I don't know.

Q. How did they treat him, when he was in the tap-room? - A. There were a sad piece of work, they pushed him about.

Q. Did the landlord interfere in pushing him about? - A. I cannot say.

Prisoner's defence. I am very innocent of the matter.

JOHN SMITH sworn. - Examined by Mr. Knapp.

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

Q. Did you know the prosecutor before this time? - A. No, I did not; I am a chandler, I live in St. John's-court, West Smithfield: On the 1st of this month, about a quarter after nine o'clock, I was at supper with my wife, and a friend, and I heard the cry of stop thief; I immediately went into the court, and when I came to the door I saw the prisoner at the bar, close to my door, and the prosecutor about laying hold of him, and having laid hold of him, accused him of having taken his watch, the prosecutor was very drunk; I immediately assisted the prosecutor, and took hold of the prisoner at the bar, and I knew him.

Q. Was it light or dark? - A. There was a light from my own window, and a light from the lamps, I was really astonished; the prosecutor said, this man has stolen my watch, I will swear to it. I said, Jack, as an honest man, are you willing to be searched; the prosecutor took on very much; he said, yes, Mr. Smith, I will be searched by you, or go any where with you to be searched; with that; he said, he had been to Mr. House's, and had staid there half an hour, having a drop of porter; he said, I have been ill for some time.

Q. What is Mrs. House? - A. He works with the prisoner's master, he is a labourer in the carting line.

Q. Mr. Knapp. Q. What is Mr. House? - A. Mrs. House, I believe, is a nurse, he had a bottle of stuff, from her that night; he said he was agreeable to go to their house to be searched; when we came there, the prosecutor refused taking him in there, it was a private house; I told him I knew the man, I knew it was safe to he searched there; I thought proper to send for a constable, but he was not in the way; I then took him back to the Cooper's-arms, the end of St. John's-court; when I took him into the public-house, the prosecutor had hold of him, and I left him with the prosecutor in order to go for a patrol; I returned, in about ten minutes, without a patrol; when I got into the Cooper's-arms, Mr. Bull and his nephew came up, they enquired into the matter, and the prisoner was taken into the parlour.

Q. Who went into the parlour? - A. The prosecutor, the prisoner, Mr. Bull and his nephew.

Q. Did the prisoner say how long he had been out of Mr. House's house? - A. Not a moment.

Q. How far was Mr. House's house from where you were? - A. About a dozen or fourteen yards.

Court. Q. You know the prisoner very well? - A. I know him as a neighbour; I never saw the prosecutor before.

Q. Then, when you found him, the prosecutor was just in the act of taking hold of him? - A. Yes.

Q. You did not take him into your house? - A. No, I did not.

Court. Q. You took him to the public-house? - A. Yes; and I left him and went for the patrol.

Q. How long wre you gone? - A.About ten minutes.

Court. Q. What they did in the parlour you don't know? - A. No.

Q. How far was George's-court from where you saw him? - A. About sixty or seventy yards at least.

Q. When they came out of the parlour what passed? - A. The prosecutor offered the prisoner a guinea if he would give him his watch.

Q. When they came out of the parlour what did they do then? - A. I saw no transaction of any kind; the prisoner's master was bound for his appearance, he gave his word, and so did Mr. Dye.

Court. Q. You were in the parlour? - A. I was, my Lord, after I came back.

Q. Let us know who were the persons in the parlour? - A. I mentioned Mr. Bull, his nephew, the landlord, and several other persons, besides the prisoner and the prosecutor.

Court. Q. Will you swear there were three besides those people you have mentioned? - A. Yes, I will.

Q. Who searched him? - A. There was nobody searched him while I was there.

Court. Q. He was willing to be searched, but was not searched? - A. Not in my presence; the prisoner was there a long while after I went away to supper, I left some in the tap-room, and some in the parlour.

Court. Q. Do you mean, upon your oath, to say you left them in the parlour? - A. Yes.

Q. What did you go into the parlour for? - A. For the purpose of hearing him examined; he went in to be searched but was not searched.

Q. When you left them, and went home to supper, where was the prisoner? - A. To the best of my recollection, he was in the parlour; I can speak pretty clear the prisoner was in the parlour when I left him.

Q. How come you, not above five minutes ago, to tell me you did not recollect what they said when they came out of the parlour? - A. I don't recollect what was said; there was nothing passed more than I wished them a good night.

Court. Q. You went into the parlour for the purpose of examining the prisoner, but did not examine him? - A. There was no officer in the way; we did not know we were authorized to search a man without an officer.

Q. Then how came you to take him to Mr. House's to be examined? - A. I meant to have gone for Mr. Wells to have searched him, I took him there for safety; I did not know it was in my power to search a man.

Q. When you left the prisoner in the house, in whose custody did you leave him? - A. In the custody of the prosecutor; the tap-room was nearly full, there was a vast number of people.

RICHARD HOUSE sworn. - Examined by Mr. Knapp. I am a carman, a servant of Mr. Bull's: I know the prisoner, he is a carman, and servant to Mr. Bull; I remember the prisoner being at my house about seven o'clock on the 1st of April, and he went away between nine and ten.

Q.How long had he been absent from your house before he was brought back again? - A. About a minute, or a minute and a half, or not so long; I went afterwards to the Cooper's arms.

Q. Before you got to the Cooper's-arms, at your house, did you hear the prisoner offer to be searched? - A. He offered to be searched, and the prosecutor was not agreeable; then the went to the Cooper's-arms.

Q. When you got to the Cooper's-arms, was he searched? - A. I did not see him searched; I went down to his master's to let him know about it, I was gone about ten minutes. I was in the parlour at last.

Q. Was Smith in the parlour? - A. Yes.

Q. Was the prosecutor there? - A. Yes; Mr. Bull, and Mr. Bull's nephew, and Mr. Kentish, were there.

Q. Was there any body else? - A. Not to my knowledge.

Q. Were there any other people, more than you knew, in the parlour? - A. Yes.

Q. How many in all, as well as you can recollect, were in the parlour? - A. Five or six altogether; I think so.

Court. Q. You heard the prisoner offer to be searched? - A. Yes.

Q. What did he say? - A. He said, he would go in and be searched any where; he would strip stark naked.

Q. What did the prosecutor say to that? - A. I did not hear that he made any answer, he was crying, and making a piece of work; I could not understand what he said, there was such a mob round him. He said, he was not agreeable to let the prisoner go in.

Court. Q. How did you know that he was not agreeable that he should go in? - A. He did not go in.

Q. Why did he not go in? - A. I cannot say.

Q. How did you collect that the prosecutor said he was not agreeable for him to go in? - A. The prosecutor was crying he had lost his watch.

Q. I want to know, how you collected that the prosecutor said he was not agreeable for him to go in? - A. I cannot say; I was not there all the time.

Q. How did you collect it then? - A. He might

say something; but I did not hear what he did say.

Court. Q. Who were the persons that went into the parlour? - A. There were the prosecutor, the prisoner, Mr. Dye, my master and his nephew, and Mr. Kentish.

Q. Any body else? - A. Not that I can recollect.

Court. Q. Recollect yourself? - A. I cannot recollect any more; there night be more, but I cannot recollect it.

Q. The door was shut, was it? - A. Yes.

Q. You attempted to go in? - A. Yes; but was pulled back by some of the people in the tap-room.

Q. When they came out to go, what was said to the people in the tap-room? - A. I cannot pretend to say, beacuse there was such a noise in the taproom, there was such a hurly-burly.

Q. You supposed he went in there to be searched? - A. I thought so.

Q. Were not you anxious to know what was the results of the search? - A. No; I had enough to do without.

Q. When you went into the parlour, where did you leave Smith? - A. He was in the tap-room.

Q. Did he remain there all the time they were in the parlour? - A. I don't know, he was in and out; I left Mr. Smith in the tap-room when they went in.

Q. Did he go into the parlour at first with the rest? - A. No; they might be in five or ten minutes before.

Court. Q. He came out before the rest? - A. He might, as far as I know.

Q. I thought you left him in the tap-room? - A. Yes; But I was gone before they all came out.

Q. Who did you see come out? - A. I saw my master, his nephew, and Mr. Dye.

Q. Did you know M'Carthy? - A. Yes; he was in the parlour with them.

Q. Did he come out with the rest? - A. He came out with the rest, as far as I know.

ANN HOUSE sworn. - Examined by Mr. Knapp. I am wife to the last witness, I work for the hospital: I never saw the prisoner, to the best of my knowledge, till the night this affair happened, the 1st of April. My husband told me in the morning, that this young man had an inward complaint, he spit blood; I gave him some lavender drops; I believe he had not been above a minute and a half out of the house when he came back.

Q. Did you hear any thing at all about this watch? - A. When he was brought back, I immediately opened the door, and was very much surprised to see him come back; the prosecutor was very much intoxicated indeed. I said, bring the man in, and search him; the prosecutor objected to having him brought into the house. I asked him if he could tell the number of his watch; the prosecutor said he could not tell. Can you tell any marks upon your watch, and what sort of a chain it was; the prosecutor said, no, the maker's name was on the watch, and he said he should know it if he saw it. I said, can you tell no mark upon your watch; he said he could not, but if he saw the watch he could tell.

Court. Q. He came to you for this complaint of spitting blood, and you gave him lavender drops? - A. Yes. (Produces the bottle.)

Q. How came you by the bottle again? - A. He brought it back to the door, and gave it me back, the young man was flurried.

Q. Was he brought to be examined? - A. Yes, but the prosecutor objected; he said he would not have him brought into a strange house to be examined; the prisoner was very willing to be searched, but the prosecutor would not let him; he pulled his coat off, and said, search me, I am innocent, I would not rob a man of a pin off his sleeve.

Court. Q. How near was your husband then? - A. My husband was close by me.

Q. Where was Smith? - A. He stood close by the prisoner. I have known Smith above two years.

JOHN DYE sworn. - Examined by Mr. Knapp. I keep the Cooper's Arms: I know the prisoner at the bar; I saw him and the prosecutor on the 1st of April, about twenty minutes after nine o'clock, between nine and ten.

Q. Was the prosecutor sober at that time? - A. Far from it, very drunk. The first I saw of the business was, the prosecutor and defendant came in, and there was a gentleman of the name of Smith, and a multitude of people rushed into the taproom suddenly; the prosecutor cried, and reeled very much; he said he had lost his watch, and the person he had in hold, he said, had robbed him of it, at the corner of Snow-hill; he said positively that the prisoner was the man that had robbed him.

Court. Q. What did the man say to that? - A. he said he had not got the watch, nor did not know any thing about it.

Q. Was that all he said, are you sure those were the words? - A.Something similar to that, signifying that he had not got it. The prisoner made no other defence; he said he was willing to he searched. There were a great number of people in the tap-room. My house is in West-street.

Mr. Knapp. Q. West-street is not Chick-lane? A. No, it joins Chick-lane. In consequence of my knowing the man's character, I told the prosecutor he certainly must be mistaken in the man; I told him, if he thought that was the man, to withdraw from the public room into the parlour

he told me he would not. I could not get any reasonable word out of him, but crying he had lost his watch. After that the prisoner's master was sent for; and before his master came, I wanted the prosecutor to have the prisoner searched, and to give charge of him in the regular way. After that, I offered to he hail for his appearance, provided he was regularly charged; he would not consent to any thing that I said, but would stay in the tap-room. Before the prisoner's master came, he was taken from the tap-room by my maid servant, she laid hold of his arm, as he was pushed about by the prosecutor and anotherperson, his name was M'Carthy. I went directly to the bar, and got the keys of my back doors, and locked my back door, and the passage door, to prevent any body going out backwards. After that, his master came, and another gentlemen, his master's nephew, to answer for the prisoner's character; and then, by a deal of persuasions by Mr. Bulle, they all went into the parlour. Mr. Bulle put several questions to the prosecutor, whether he had lost his watch, and he still persisted that the prisoner was the man that stole it.

Q. Who went into the parlour? - A. The prisoner, the prosecutor, Mr. M'Carthy, Mr. Bulle, and his nephew.

Q. Did you go? - A. I was obliged to attend the bar.

Q. Did you know where Smith was at the time? - A. I believe Smith went out for an officer to secure the prisoner.

Q. Was the door shut? - A. No, it was not shut at all.

Q. When Smith went for an officer, and returned, where did he go then? - A. He went into the parlour.

Q. How soon did you go into the parlour? - A. As soon as the company went out.

Q. Tell us what you observed? - A. All the conversation was between Mr. Bulle and the prosecutor, concerning the watch, and his vocuhing for the man's character and honesty; he told the prosecutor he was sure he was mistaken in the man.

Court. Q. Why? - A. Because, knowing the man was such an honest character. The prosecutor said, he would give a guinea if any body would produce the watch, and cried, and reeled about; and the woman that gave her evidence was drunk.

Q. Was M'Carthy drunk? - A. No, I did not perceive he was drunk; for he and his friend had only a pot of beer.

Q. While the prosecutor and prisoner were in the tap-room, were they jostled about? - A. There were many people there, and it could not be helped.

Q. Did you strike the prosecutor? - A. I took hold of him gently by the arm to come into the parlour, and take his party with him, and not expose themselves in the public room.

Court. Q. Who were the party? - A. The party was the prisoner and Mr. Smith.

Q. Did you see him searched? - A. No. I understand he was searched in the passage.

Q. Were you before the Justice when he was examined? - A. Yes; it was before Mr. Alderman Staines.

Q. He was not comitted till the second examination? - A. No.

Court. Q. Was House there? - A. Yes.

Q. What did he say about it? - A. He said, he had that minute before he was taken up left his house with a bottle of stuff; he came to me first of all to borrow a bottle to put the stuff in.

Q. How came you not to go into the parlour? - A. I did, as soon as I had an opportunity.

Q. What prevented you? - A. Nothing but my wife's being so poorly; it was but a very few minutes before I went into the parlour.

Q. Why was he not searched in the tap-room? A. I don't know; he was willing to be searched, but nobody stepped forward to search him. I am sure he was searched in the parlour by his master and his nephew.

Court. Q.Had be been out of the house before that? - A. No.

Q. Who were present when he was searched? - A.His master and his nephew, M'Carthy, and the prosecutor.

Q. Then it is not true that the parlour door was shut? - A. No; it was bolted back all the day long. I am sure it was not shut at that time.

WILLIAM BULLE sworn. - Examined by Mr. Knapp. I am a carman: The prisoner was a servant of mine; he has been in my service between three and four years. I live in White-horse-yard, West Smithfield.

Q. You did not know any thing of the prosecutor before this time? - A. No.

Q. Did House work for you likewise? - A. Yes.

Q. In consequence of any information you received, did you go to the Cooper's Arms, on the 1st of April? - A. I did.

Q. The Cooper's Arms is kept by Davis? - A. Yes, it is.

Q. How long has he kept it? - A. Nearly fourteen months. When I came there, I saw the prisoner in the tap-room; it was full of people.

Q. How many people? - A. I cannot tell; it was a large tap-room. I saw the prosecutor there, when I came up. I desired him to go into the parlour, to search the prisoner; there was a person there, who said there was no occasion to search him.

Q. Was that M'Carthy? - A. Yes.

Q. Upon your requiring the prosecutor to go

into the parlour, did you all immediately go into the parlour? - A. Yes. There were the prisoner, the prosecutor, my nephew and Mr. Smith, and M'Carthy came into the room; I told the prosecutor, it was proper to search the prisoner, to see if there was any property about him; M'Carthy said, there was no occasion for it; I told him, I thought they should be satisfied.

Q. Was he, in point of fact, searched? - A. He was not.

Q. What other conversation took place? - A. The prosecutor spoke several times, but I could hardly make out any thing he said, only that he had lost his watch; he cried like a child that had been corrected. Nothing particular passed afterwards.

Q. What became of the prisoner? - A. He went home to his lodging.

Q. Did you say that you would be answerable for his appearance? - A. I told the young man, I would be answerable for his appearance the next day. The next day, he went voluntarily before the Magistrate.

Q. Before the Magistrate take your word for his appearance the following day? - A. Yes.

Q. Did he appear the following day? - A. Yes.

Q. So there were two days elapsed, and on each day you passed your word for his appearance, and he appeared both days? - A. Yes. He might have ran away fifty times over.

Court. Q. How came he not to be committed the first time? - A. There was some doubt about the evidence.

Court. Q. How came he not to be committed the first time? - A. There was some doubt about the evidence.

Court. Q. The watch was not produced at all? - A. I saw nothing of the watch.

Q. What days was he beofe the Magistrate? - A. On the Monday and Tudesady.

Q. You have known the prisoner some time? - A. I have known him about four years; he has been my servant about three years and eight months. I keep nineteen carts.

Clourt. Q. How came you not to search this man yourself? - A. I did not think of it particularly at that time.

Court. Q. Here is an accusation of a very serious nature, and yet you never searched him? - A. They said it was to no purpose; they said he had been taken to Mr. House's house to be searched. I have sent him to many places where he might have got intoxicated, but I never saw him so.

JAMES BROTHERTON sworn. - I am the nephew of Mr. Bulle; I have lived in my uncle's service about nine years; I have two or three and twenty men under my care. I have known the prisoner at the bar about five years; and with respect to his character, I believe him to be honest; I have sent him to wine and brandy-merchants, and I never saw him intoxicated in my life. On the 1st of April, about half past nine o'clock at night, I went to the Coopers' Arms, and when I came into the tap-room, I saw a great number of people very inserior characters to my appearance, such as Irish labourers; I saw the prisoner at the bar and the prosecutor, and I took them into the parlour.

Q. Who went into the parlour with you? - A. There was Mr. Dye, an Irishman, a Mr. Smith, the prosecutor, the prisoner, and my uncle. When I first went into the tap-room, I said, if you have any thing to alledge against the prisoner, you had better take him into the parlour; when we went into the parlour, the prosecutor cried, and said he had lost his watch; he was very much intoxicated, in short, he tumbled against me. I think he offered the prisoner a guinea to give him his watch; he said, I have not got your watch, you never saw me before.

Q. Did you hear any thing at all about searching? - A. The man offered to be searched, I did not see any body that wished to do it. My uncle and Mr. Dye become answerable for his appearance the next day. On the Monday, he went before the Magistrate.

Court. Q. Pray, as you came for the purpose of searching this man, why did you not search him? - A. I did not know that I was authorized to search him.

Five witnesses were called to the prisoner's character, who had known him from three to four years, and believed him to be a very honest man.

The Jury having withdrawn upwards of an hour, returned with a verdict of

NOT GUILTY .

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

Reference Number: t17980418-61

296. THOMAS DEAN and JOHN JACKSON were indicted for that they, on the 19th of January , in and upon Sarah, the wife of Daniel Mouchet , did make an assault, in the dwelling-house of the said Daniel, puting her in fear, and taking from her person, a half-guinea, three Bank notes, value 5l. each, seven Bank notes, value 2l. each, and eight Bank notes, value 1l. each, the property of the said Daniel .

SARAH MOUCHET sworn. - I am the wife of Daniel Mouchet; I live in Warren-street, Finsbury-square : On the 19th of January, between seven and eight in the evening, a man came into our shop for four pounds of mould candles; I took up the candles, and he gave me a half-guinea to change; I went into the parlour to get a small tin box which contained some silver.

when I took it into the Shop, I saw some Bank notes in it, which I did not know were in the box; I looked at the half-guinea that he gave me, and did not like it; I told him it was not a good half-guinea, he said it was a good one; I got another to shew him the difference of the found, he told me he would change it; he put his hand to his pocket and took it away again, and said, he was sure it was a good one; I told him I could not take it; be began to swear at me, I then had got my left hand over the Bank-notes in the tin box, and while he was swearing to me, another man came into the shop, and he pushed me back from the counter, and took the Bank-notes out of the box, and they both ran out of the shop together; as they ran out of the door they knocked a woman down as they went past; I called out thieves, but they were not taken for about three weeks after.

Q. Was there any body else in the shop at the time? - A. No.

Q.Nor in the parlour? - A. No, only an infant child of mine.

Q.Was it candle light? - A. Yes.

Q.Should you know either of them again? - A. Yes, the man with the dark hair (Jackson) is the man that took the Bank-notes from me, to the best of my recollection.

Q.Do you mean by that, that you certainly believe him to be the man? - A. Yes; the other man I rather suspect to be the person, but I cannot say, there were three five pound notes, eight two pound notes, and I think seven ones; I have the half-guinea that he offered me, it is a counterfiet.

Q. How long was he in the shop altogether? - A. About ten minutes.

GEORGE HOLLAND sworn. - I am one of the overseers of St. Andrew's, Holborn, and St. George the Martyr; about the 6th of February, the beadle told me, he had taken up Jackson for a bastard child, and I found he had got some Bank-notes, and that raised a suspicion in our minds, it was the 3d of February that he was taken up; about three weeks after Jackson was taken up for this child, as I was going from the workhouse, I saw a printed bill, decribing notes that were lost, and I went and informed Mr. Mouchet of it.

STEPHEN ALLEN sworn. - I am a corn-chandler; Mr. Holland and Mr. Mouchet called upon me one evening; I asked Mr. Mouchet, if she could swear to the man, and she said, she was so flurried that she could not.

RICHARD HATTON sworn. - I am one of the constables of St. Andrew's; on Saturday the 3d of February, I went with the beadle to apprehend Jackson for a bastard-child, we took him to the watch-house, and then the other prisoner came in, and said, he would leave security for Jackson to the parish for this child; I asked him, what security he would leave, and he said, forty pounds, and he produced three guineas, and thirty-seven pounds in notes, but I do not know the numbers of them.

WILLIAM ROSE sworn. - I am an officer of the public-office, Hatton-garden; I took Dean into custody upon information, it was on a Saturday, the latter end of February; I searched him, but found nothing upon him.

JOSEPH INWARDS sworn. - I belong to the same office; I apprehended Jackson on the 3d of February, I searched him, but found nothing.

Q.(To Mrs. Mouchet.) Have these notes ever been forthcoming? - A. No.

Jackson's defence. I was had up five times, the first three times she said, she could not swear to me, the next time she said, to the best of her recollection, and the last time she swore I was the person.

Both NOT GUILTY .

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

Reference Number: t17980418-62

297. AUGUSTUS SEATON , and SARAH SEATON , otherwise BROWN , were indicted, the first for feloniously stealing, on the 9th of February , two pair of leather shoes, value 4s. a pair of silver shoe-buckles, value 20s. and a linen tablecloth, value 2s. the property of John Marshall : A cotton gown, value 10s. A pair of stays, value 20s. A silk petticoat, value 5s. a bombazeen petticoat, value 5s. A muslin handkerchief, value 2s. and a silk cloak, value 40s. the property of Harriet Brown , in the dwelling-house of the said John ; and Sarah Seaton , for receiving the same, knowing them to have been stolen .

JOHN MARSHALL sworn. - I live at No. 11, Gray's-inn-square : On Friday the 9th of February, in the morning, when I got up, I found that my chambers had been robbed of the several things enumerated in the indictment, they were all there overnight. James Clarke , a person concerned in the robbery, gave information of the prisoner, at Worship-street, that was the cause of the prisoner being apprehended, I have seen the buckles and shoes since.

Cross-examined by Mr. Gurney. Q. Did you see your chambers fastened the night before? - A. Yes; I fastened them myself.

Q. What time did you first discover the robbery? - A. About a quarter before eight.

DAVID LIOYD sworn. - I am a pawnbroker, had a pair of shoes pledged with me the 9th of February, by a woman, but who I cannot say; I have not the least recollection of the woman at the bar.

Mr. Marshall. These are my shoes.

GEORGE DOBREE sworn. - I am a pawnbroker;

I took in a clock of the woman prisoner, on the 9th of February, I am positive it was her.

Mr. Marshall. That is the cloak that I lost, I know it by a white stripe in the silk, the selvage, it had been left at my chambers the night before.

- HAVILAND sworn. - I am a pawnbroker; I took in a pair of shoes, (produces them). I cannot say of whom I took them in.

JOHN ARMSTRONG sworn. - On Thursday the 22d of February, I apprehended the prisoners; I searched the lodgings of the woman, and found these seven picklock-keys in a drawer; the duplicates, Wray, the other officer, has got.

Q. Did any of these duplicates lead you to this discovery? - A. Yes; Seaton was apprehended at the public-house.

JOHN WRAF sworn. - I was searching the lodgings of one of the prisoners, and found a number of duplicates, (producing them); and where these duplicates were, I found a sixteenth of an English lottery ticket, which, before the Magistrate, Seaton owned to be his.

Cross-examined by Mr. Gurney. Q. What he said before the Magistrate was taken down in writing, was not it? - A. I believe it was.

Q. You did not find the man at this room? - A. No; she was there, and she owned to the duplicates.

THOMAS JONES sworn. - On the 2d of March I was apprehending four men, under the Piazzas in Covent-garden, and one of them had these boxes upon him; he was admitted to bail before Sir William Addington , and has not made his appearance since.

JAMES CLARKE sworn. - On the 9th of February, about half past six in the morning, Seaton and I were going down Gray's-inn-lane, we observed a woman opening the shutters of Mr. Marshall's chambers; I said to Seaton, if you will stop a-while, I dare say there is some property to be got out of that house; and when the woman was gone up stairs, I got in at the window myself; I went into the front parlour, and saw a quantity of wearing apparel, a gown and stays, and two pair of shoes, and a pair of silver buckles, accordingly I took them to the window and gave them to Seaton; after I came out, Seaton went in himself, and fetched some more things out; we took them to his house, and his wife was gone out.

Q. You do not mean that she was his wife? - A. Yes.

Q. Is she married to him? - A. I never heard to the contrary; we went with the property to a Jew's, and he would not give money enough, and we brought them back to Seaton's house, his wife was at home then; we agreed that the property was to be pawned, and she took out the things separately to pawn, I said there while she went with them; she came back with the money and the duplicates, and shewed them to me; she pawned two pair of shoes, and a black silk cloak, and the remainder of the property I pawned myself, and the money was equally divided.

Cross-examined by Mr. Gurney. Q. You were taken up, you know? - A. Yes.

Q. Where were you sent to? - A. New-prison.

Q. Was it Coldbath-fields? - A. No.

Q. What day of the month was it? - A. I cannot say; it was eight or nine days after.

Q. When you were taken up, you thought you might chance to be hanged for it? - A. No, I did not.

Q. Do not you know you deserved it? - A. Yes.

Q. But you did not think you might chance to be hanged for it? - A. I might.

Q. Did not you being to think it a mighty clever thing to hang somebody else to save yourself? - A. No.

Q. Upon your oath, you did not charge anybody with this robbery for the purpose of saving yourself? - A. Not at all, by hanging anybody.

Q. By swearing then? - A. I never thought concerning hanging anybody.

Q. Did not you think, by swearing against some person or other, you might be able to save yourself? - A. Yes, no doubt.

Q. And then, for the first time, you charged the prisoner? - A. Yes.

Q. Have you ever been tried here before? - A. No.

Q. Nor any where else? - A. No.

Court. (To Marshall.) Q.Whereabout is the value of what you lost? - A. Full eight pounds.

The prisoners did not say any thing in their defence.

A.Seaton, GUILTY Death . (Aged 26.)

S. Seaton, GUILTY (Aged 28.)

Transported for fourteen years .

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

Reference Number: t17980418-63

298. DAVID WILKINSON was indicted for that he, on the 1st of March , had, in his custody and possession, a bill of Exchange, to the tenor following, that is to say.

"London, February 12, 1798.

"Two months after date, pay to my order 273l. 6s. value received. David Wilkinson.

Messrs. Favell, Bousfield, and Son, Tooley-street."

And the indictment charges that he, on the same day, did forge and counterfeit, upon the said bill, an acceptance of the said bill of Exchange, the tenor of which is as follows: "F.B. and S." with

intention to defraud the Governor and Company of the Bank of England .

Second Count. For uttering and publishing, as true, a like forged acceptance.

And in two other Couts for forging, and uttering and publishing, as true a like forged acceptance, knowing it to be forged, with intention to defraud Samuel Favell , William Bousfield the elder, and William Bousfield the younger.

The indictment was stated by Mr. Giles, and the case opened by Mr. Garrow.

WILLIAM CEWELL sworn. - Examined by Mr. Garrow. Q. You are one of the clerks in the Discount-office in the Bank? - A. Yes.

Q. In the month of February last, had the prisoner a discount account at the Bank? - A. He had.

Q. Look at this bill, and tell me whether, on the 22d of February, this bill was discounted? - A. On the 22d of February this bill was discounted by the Bank of England, with others.

Q. Is it the course of the Bank, when bills are presented to them, for persons to leave a list of the bills that they bring to be discounted? - A. Always.

Q. Is this the list which accompanied that bill, when it came for discount? - A. It is.

Court. This is a bill signed by Mr. Wilkinson? - A. It is.

Mr. Garrow. Q. Are you acquainted with the hand-writing of Mr. Wilkinson? - A. Very well; I have seen it often.

Q. Is that list, which bears his signature, written by him? - A. I believe it to be his writing.

Q. Look at the bill, do you believe that to be the writing of the prisoner? - A. I do.

Q. Look at the endorsement, David Wilkinson, at the back? - A. I believe that to be the handwriting of the prisoner.

Q. Was he paid the value of that bill, abating the discount? - A. He was.

Q. Be so good as to look at that, and tell me if that is the draft of the prisoner, and whether, upon the credit of that and the other bills, he obtained any money, and what? - A. Yes, 639l. 18s. I have an entry that I made at the time of the transaction, as a warrant for him to go to the Drawing-office, in order to enable him to draw off the money.

Q. Look at the draft? - A. This draft appears to be the hand-writing of the prisoner.

Mr. Serjeant Shepherd. Q.Where do you take that entry from? - A.This is the regular mode of doing business.

Court. Q. The bills come to you, you discount them, and in order that he may have the consideration of his discount, you give him a warrant, which goes to another officer, by which he gets credit of the Bank? - A. Yes; it is a warrant made by me in the Discount-office, taken from the bills themselves, which I pass to the Drawing-office, as their warrant to permit him to draw to the amount of those bills. The amount of the bills was 639l. 18s. and the discount for that day 4l. 19s. 10d.

Q. Look at that other paper, and say if that is a draft upon the Bank in consequence of it? - A. Here are two drafts, one for 544l. and the other for 91l. making together 635l. drawn by him on the Bank, and paid to him on the 22d of February.

Cross-examined by Mr. Serjeant Shepherd. Q. Do you mean to say, that you took these papers from the bills themselves, or from any copy of the bills, or any entry of the bills in any book? - A. That warrant is taken from the bills, and signed by me.

Q. Did you make this copy yourself? - A. No; but I sign them.

Q. Do you see the bills when you sign those warrants? - A. I must have seen the bills, or else I could not have entered them in my book, for which I sign that warrant, as a voucher.

Q. Who makes this copy from the bills? - A. One of the clerks in our office.

Q. Do you not sign this paper upon the faith merely of that clerk having made a copy? - A. No; because I signed that paper upon the faith of having seen the bills themselves, and entered them to the amount; and the discount being properly done by another clerk, I then sign it, as a voucher that so much may be carried to the account.

Q. Do you ever examine the bills before you sign them? - A. There is no occasion to examine them; I had made an entry of those bills in my discount book.

Q. Where is there any entry that you have made yourself from the bills themselves? - A. The entry that I have made in my book is the clear amount of the bills.

Q. Did you ever see Mr. Wilkinson write? - No; I never did.

Q. Then you only mean to say, that the handwriting upon that bill is something like the handwriting of Mr. Wilkinson? - A. It is.

Q. Did you yourself ever transact any business. with Mr. Wilkinson? - A. Yes; in the office.

Q. Is there any other person of the name of Wilkinson, who has a discount at the Bank? - A. I do not know of any other person of the name of David Wilkinson.

Q.Is there any other person of the name of Wilkinson? - A. There are several Wilkinsons.

Mr. Garrow. Q.Whatever other discounter there may be of the name of Wilkinson in the Bank, are you sure that you have transacted bu

siness with the prisoner upon the subject of discount? - A. Yes; frequently.

Q. And, from the knowledge you have had from that circumstance of his hand-writing, you believe that to be his hand-writing? - A. I do.

ISAAC WILSON sworn. - Examined by Mr. Knowlys. I am clerk to Smith, Payne, and Smith, bankers.

Q. Do you know the prisoner? - A. I do.

Q. Have you paid drafts of his? - A. Very frequently.

Q. Are you acquainted with his character and hand-writing? - A. Very well.

Q. Look at the body of the bill, and the endorsement, David Wilkinson , at the back? - A. I believe it is Mr. Wilkinson's hand-writing, to the best of my knowledge.

Q. Look at the list, do you believe that to be his hand-writing? - A. I believe it is.

Q. Look at these drafts upon the Bank? - A. I believe these to be his hand-writing.

Cross-examined by Mr. Serjeant Shepherd. Q. Have you ever seen him write? - A. Many times.

Q. Do you know his writing perfectly? - A. I do.

Mr. Knowlys. Q. Look at the acceptance upon that bill, whose hand-writing do you believe that to be? - A. That I cannot tell.

(Mr. Cewell proved a release from the Bank, to Messrs. Favell, Bousfield, and Son.)

William Bousfield, sen. called. - Mr. Serjeant Shepherd objected to the competency of Mr. Bousfield's testimony, upon the ground that, thought there was a release to the acceptors, there was still a claim upon the drawer.

Court. The first person they have to resort to, is the acceptor, and if they give up the first person, and admit that he is not liable to pay, they cannot resort to the second.

WILLIAM BOUSFIELD , sen. sworn. - Examined by Mr. Giles. Q. Are you acquainted with the prisoner at the bar? - A. I am not.

Q. Look at that bill, and tell the Court and Jury if you know any thing of that bill? - A. Nothing at all.

Q. Then I need hardly ask you if you have had any transactions with the prisoner? - A. I do not know that I ever saw him in my life before.

Q. Look at that acceptance, and tell me if it is the hand-writing either of yourself or partners, or any body authorized to accept bills for you? - A. It is not; we always accept bills ourselves, and always in a cypher.

Q. Where is Mr. Favell? - A. Very bad at home; I believe not able to come out of his bed, certainly not out of his room.

WILLIAM BOUSFIELD, jun. sworn. - Examined by Mr. Knowlys. I am in partnership with my father and Mr. Favell, No. 246, Tooley-street.

Q. Look at that bill, is the acceptance upon it your hand-writing? - A. It is not.

Q. Is it the hand-writing of your father or Mr. Favell? - A. I believe not.

Q. Has your house any correspondence or connection with the prisoner? - A. No; I never saw him before that I recollect.

- JONES sworn. - Examined by Mr. Garrow.

Q. How long have you been a clerk in the house of Favell and Company? - A.Two years.

Q. Are you acquainted with the manner and hand-writing of each of the partners in that house, the character they employ to accept bills? - A. Yes.

Q. Look at that bill, and; tell me if those letters, to your best belief, were written by either of the partners in that house? - A. It is not.

Q. And you are well acquainted with the handwriting of all of them? - A. I am.

JOHN TAYLOR sworn. - Examined by Mr. Garrow. I am one of the clerks in the Drawing-office in the Bank.

Q. Do you know the prisoner, Mr. Wilkinson? - A. I do not think I do.

Q. Have you been in the course of paying drafts which imported to be his? - A. Yes.

Q. Have you paid money in that way to a large amount? - A. I have paid several of different amounts.

Q. Have you become acquainted with the character and hand-writing of the signatures of the drafts that you have so paid? - A. Yes.

Q. Look at that draft, I believe it has your initials upon it? - A. Yes; it is for 91l. It was given to me on the 22d of February for payment, and I turned to the account of Mr. Wilkinson, saw the hand-writing was the same, and I paid it.

Cross-examined by Mr. Serjeant Shepherd. Q. Did you ever see Mr. Wilkinson write? - A. No.

Q. Then you only speak from the comparison of that draft with other drafts that you have paid? - A. I have seen his hand-writing in the account-books.

Q. You paid that drafts yourself? - A. Yes, I draw the tickets for notes to the amount.

Q. Do you know in what notes that was paid? - A. No, I did not pay it.

THOMAS RIPPON sworn. - Examined by Mr. Knowlys. I am one of the clerks in the Drawing-office, in the Bank.

Q. Look at those drafts, are you acquainted with the signature of the prisoner, Wilkinson? - A. Yes; this appears to me to be his signature.

Q. Look at that draft of 544l. of the 22d of February, did you pay that to the account of David

Wilkinson? - A. I did, on account of the Bank, for his use.

Cross-examined by Mr. Serjeant Shepherd. Q. You know nothing more of it than as it appears upon the face of the draft? - A. No.

Q. Did you ever see Mr. Wilkinson write? - A. Never, to my knowledge.

(The list of bills read).

Six bills, 22d of February, 1798.

Mr. Garrow. You need only read the one in question.

(It is read)."Favell and Co. 273l. 6s."

Mr. Garrow. (To Cewell.) Q.According to the course of business in the Discount-office, are the bills, proposed to be discounted, left the preceding day? - A. Bills to be discounted are brought on the Wednesday, and they have an answer to them on the Thursday.

- PEARSON sworn. - Examined by Mr. Garrow. Q. You attend Mr. Favell as an apothecary? - A. Yes.

Q. When did you see him? - A.Yesterday morning.

Q. Is he confined to his bed? - A.Partly, not wholly.

Q. What is his disorder? - A. A rheumatic fever.

Q. Do you think, consistent with his health and life, it would be fit that he should attend in this Court to give evidence? - A. I think not.

Mr. Serjeant Shepherd. My Lord. There are three partners in this house, all concerned in the business; two of them say it is not their handwriting, but the third partner is said to be in a situation in which he cannot appear as a witness, and on account of whose absence they might have put off the trial; but though it may not be the handwriting even of that third person, it does not follow that it may not be the hand-writing of some person authorized by Mr. Favell to accept bills in the name of the firm of the house; and, in cases of forgery, nothing can be evidence against a prisoner, but the man whose name purports to be forged, swearing that it is not his.

Court. This is a case in which the prisoner has a very important stake indeed, that of his life, and I know not difference in the application of evidence between a civil and a criminal case. I do not believe that any gentleman at the bar would have made an objection of this kind in a civil case. The rule of law does not require impossibilities; and if the person who could give the best evidence, is prevented either by illness, or even by necessary absence, as in the case of deeds executed in the East-Indies, it has been decided that you need not bring the attesting witness; if you bring a person to prove the hand-writing, it is sufficient: and if that is so in a civil case, I know no difference between that and a criminal case.

As the very learned Counsel, for whose opinion I have great respect, has made this objection, I know not whether his opinion goes along with it, but I am extremely happy in this case, a criminal case of the greatest importance, that I have the best assistance that can be afforded on the bench, to confirm me in the opinion that I shall give. I am clearly of opinion that there is no ground upon earth for the objection. This objection comes in a very odd fashion, because it is not many minutes ago that the learned Counsel, who now makes this objection, objected to the admissibility of Mr. Bousfield; if that objection had prevailed, the door of Justice must have been for ever shut, and however numerous and aggravated cases might be, taking both these objections together, there would be an indemnity in future in all such cases. It is said, that it is not conclusive, the conclusion is for the Jury to make, but here a person is afflicted by the hand of the Almighty, and it is in the ordinary course of the administration of justice to permit those to give evidence, who have seen the handwriting of the person. I have never heard such an objection before. I am clearly of opinion that the evidence is admissible.

Mr. Baron Hotham. I perfectly concur in my Lord's opinion.

Mr. Justice Buller. So do I.

(The bill read.)

£273:69. London, February 12, 1798.

Two months after date, pay to my order, 273l.6s. value received.

David Wilkinson .

Messrs. Favell, Bousfield and Son, Tooley-street. Acceptance, F. B. and S.

Mr. Serjeant Shepherd. (To Cewell). Q. I believe the Bank have a rule not to discount beyond a certain sum for certain individuals, have they not? - A. I know of no such rule.

Q. Do you not know that for different houses they would only discount to a certain extent, and for others to a different extent? - A. I know of no such general rule, it lies in the breasts of the Directors themselves.

Q. Have they no rule to guide their discretion? - A. None that I know, it lies entirely in the breasts of the Directors to discount what they think proper; they are guided by; the responsibilty of the discounter.

Mr. Serjeant Shepherd. (To Rippon.) Q. What is that D O under the name of Adamson mean? - A. It means ditto, paid to Mr. Adamson.

Court. Q. That is a private mark of your own, is it not? - A. Yes.

Mr. Garrow. Q. It is no part of the bill? - A. No.

Mr. Serjeant Shepherd. Q. Can you tell us in what notes that draft was paid? - A. Mr. Knight can tell you that.

- KNIGHT sworn. - Examined by Mr. Serjeant shepherd. Q. Is that a list of the notes in which those drafts were paid? - A. They are.

Prisoner's defence.

Gentlemen of the Jury. Painful as is the situation in which I am placed - a few days since a merchant of this city, respected like yourselves, and now standing at this bar to answer a capital charge; incalculable: as my anxiety must be at the reflection that a wife and five children are, at this moment, in the most dreadful suspence human nature can admit of; painful, I say, as this situation is, it admits of no small alleviation from the circumstance, that the verdict, which is to determine, not only on my life, but, on what is still dearer to me, my character and reputation, is to be pronounced by a Jury of merchants and tradesmen: no other class of men could from so just an idea of the grounds of defence I am about to lay before you; for the degree of trust and confidence I have placed in an individual, would, to any other than persons conversant in trade and business, appear improbable, as well as imprudent; whilst to men engaged in commercial concerns, not only its possibility, but its probability will be apparent. You, Gentlemen, as merchants and tradesmen of this city, have been bred in the very bosom of commerce; by your education and habits of life, you must therefore be aware of the wonderful extent of confidence and credit, that not only exists, but which necessarily prevails between man and man, in the various transactions of commercial dealings; and, therefore, will the better comprehend the facts I shall presently state as the ground of my defence. Confidence most extended, trust almost implicit, and unbounded credit in the mutual transactions of each other, is the very basis and foundation of the vast system of commerce, by which our nation is supported; and to such confidence alone (unfortunately misapplied) am I indebted for the situation in which I now stand.

I would not willingly, Gentlemen of the Jury, trespass unnecessarily on your time, or that of the Court, and shall proceed to lay before you such a state of facts, as will enable you to apply the evidence I shall produce, to the general outline of my defence. I will but just observer on the necessity of my doing this, on account of the law not allowing a man, in my situation, the advantage of a Counsel's abilities in addressing you, or in stating my case in the advantageous manner, which, by art and elocution it might be placed; but I have more than one consolation, which counterbalances all the disadvantage of my being unpracticed in public speaking - the one is, that my case is a plain state of facts, which needs but a simple statement to be understood; and the other is, that the indulgence of our laws gives a man, in my situation, the claim to the assistance of the Judges who preside here, and the urbanity and humanity of those Judges before whom I stand, ensures me the exercise of such right, in applying, and in calling your attention to the application of such parts of the evidence, as through my inadvertence, or inability, I may neglect to place in a proper point of view.

Gentlemen of the Jury, let me call your attention to this point, that no fort of evidence has been produced, to shew or lead you, for a moment, to suppose that forgery was committed by me. The only charge against me, to which any evidence, on the part of the prosecution can be made to apply, is that of uttering such forged bills; and here let me six your attention to this point, on which my defence will wholely rest, namely, that to constitute any criminality, in the uttering such bills, I must be proved to have known them to be forged at the time of my so uttering them; without establishing this fact, I confidently appeal to my Lord, whether the prosecutors can be said to have made out any case against me. Of my being so apprized of the forgery, at the time of my discounting the bills, no shade of direct positive evidence has been produced. It has been proved. and I admit the last to be so, that I discounted such bills at the Bank, and there the evidence for the Crown rests. No separate independent collateral facts, arising from my conduct at the time of so discounting the bills, or at any subsequent period, have been proved to shew, or to infer, my knowledge of the forgery; on the contrary, as far as any inference may be drawn from my conduct, both at the time, and posterior to my having discounted the bills, it is presumptive evidence of my being wholly ignorant, as I call God to witness I really was, of such bills being forged. However, I cannot but admit, that my appearing, on the face of the bills themselves, the immediate drawer on the person, whose name appears to be forged, does, till that circumstance is explained, afford that fort of implication, that I was privy to the forgery, as calls on me to explain and account for.

A very few circumstances, which I am about to state, will, I trust satisfy your minds on this head. It is now about two years since a partnership concern, which had previously existed between me and Mr. Joseph Adamson, whose name you have heard in the course of this trial, was dissolved; public notice of such dissolution was inserted in the Gazette. As we parted on good terms, and had ever been in the habits of friendship, our wishes to serve each other (at least I speak for myself) still continued. Sometime after we separated, he being about to go to Manchester, respecting his business, requested me to give an eye to his servants in his absence; and particularly to attend to the payment of such bills as would become due during his absence, and for which he left out checks on his bankers: this I engaged to do, and, for this purpose, part of a desk in his accompting-house was allotted me; and as our friendship for each other continued from that time to the period when this forgery was discovered, I continued in the use of such part of the desk, to the period of his apprehension. But it will be in evidence to you, that such desk was constantly left by me unlocked; and, therefore, no inference of private transaction being carried on by me, at Mr. Adamson's accompting house, can be drawn from the circumstance of my having the use of such desk.

It was sometime after Mr. Adamson's return from

Manchester, that on account of the increasing extent of his business, he stated to me his frequent embarrassments for want of cash, and his consequent want of an encreased discount; and suggested to me, that as on our dissolution of partnership, the discount-account with the Bank of England, which, during our partnership, was only one joint account, by being now separated and divided, might, with my assistance, give him the advantage of a double discount account with the Bank. I need scarcely mention to you, Gentlemen, that the Bank of England, in their discounts, confine the account of each individual, or firm, to a certain extent, which they will for such individual, or firm, on no account exceed. That such is the practice of the Bank is notorious to every commercial man; and it must occur to you, how great an advantage Mr. Adamson would derive, if, by my means, he could have the benefit of such second discount account with the Bank in my name. The mode proposed by him, to which I readily acceded, and which was accordingly afterwards adopted, and for a long time carried on without interruption, will account for the from in which the bills, mentioned in the indictment, are drawn, and will open at once to you, the nature of my defence. It was this -

I knew that his connections were numerous and extensive; and he stated to me that he had much extended them; and this I believed to be true, from the encreased business I saw going on at his warehouse, He mentioned having a variety of houses, on whom, in the course of business, he had a right to draw to a much greater amount than the extent to which his discount account, at the Bank, was usually limitted; he therefore proposed that I should assist him, by drawing bills on his customers, in my name, though, in reality, on his account; and for debts due to himself, payable to my order; by; which means, his name would not appear on the bills so oftensibly drawn by me, though, in reality, his own; and would, therefore, be received and discounted at the Bank on my discount account; and, by this means, he would have the advantage he wished to gain by a double discount account with the Bank; the one in his own name, the other in mine. This mode was not, however, always adopted, as he sometimes brought me the promissory notes of his customers, payable to my order.

On a consideration of this proposal, and being convinced that it would of course give Mr. Adamson the advantage he stood in need of, and that without injury to any one, I assented, and transactions, in this form, have been carried on with the Bank to a considerable amount.

You will please to observe, in this transaction, there was nothing bordering on criminality; it was no more than the well known usuage, the avowed practice of merchants of the first respectability, that of accommodating each other by the loan of their names to negociable paper.

It was evident to me that I was essentially serving Mr. Adamson by this accommodation; and I confess I did not foresee the possibility of any further hazard or risque on my part, than that of the failure of the persons on whom I thus drew; and satisfied as I was of the solvency of Mr. Adamson, that risque I was willing to run in his service.

The persons on whom I thus from time to time drew on Mr. Adamson's account, being, as I was informed, his customers, some were of course unknown to me, and their signatures of acceptance, consequently, could not be by me suspected. The mode in which I drew on them was by having the names and sums furnished me by Mr. Adamson; and when I had drawn the bills, they were sometimes given, sometimes sent by me to Mr. Adamson, for him to procure the acceptance; and then they were returned to me to be sent into the Bank on my discount account; and when the amount; discounted, thereof, deducting the discount, was sent or given by me to Mr. Adamson, by draft on the Bank of England. In every case, I was furnished with the acceptance by Mr. Adamson; and in no case had any communication with the parties on whom the bills were drawn, and whom I always supposed to be the real customers or friends of Mr. Adamson.

Circumstances of this nature, being in their principle founded in private confidence, it would not have been very surprizing if I had stood here on this simple statement, and called upon you for a belief of what I am now asserting, without a possibility of bringing any fort of evidence in support of this case. But most fortunately, I can prove, by several witnesses of respectability, that such was the nature of my transactions with Mr. Adamson. Several witnesses will be produced, who were in reality of the description I supposed all the persons to be on whom I drew for Mr. Adamson. These witnesses will tell you, that they dealt with Mr. Adamson, and were in the habit of accepting bills on his account, and for his use, which were drawn on them by me, without the name of Adamson appearing thereon; and that the reason of their so accepting my bill, though they held no connexion with me, was, that it was at Adamson's request, with a view, as they understood, to facilitate and extend his accommodation.

In addition to this evidence, which establishes the general ground work of my defence, I shall be able to prove, that I paid over to Mr. Adamson, by my drafts on the Bank, the whole sums of money produced by the discount of the bills, which are the subject of the present prosecution; and also, that I was in the habit of paying to Mr. Adamson the amount of all the sums I so discounted at the Bank, in my own name, for him, which must remove all doubt of my guilt, since I can scarcely be supposed weak enough to incur the punishment of a capital offence, without receiving any emolument. The clerks and servants of Mr. Adamson will likewise be called, and will prove, in further corroboration of this case, my being in the habit of receiving bills from Mr. Adamson-sending them to him to procure the acceptance-and receiving them from him, when accepted, to get them discounted at the Bank. One very material circumstance will be proved by them strongly confirmative of the fact, that the produce of such bills, so discounted by me at the Bank, was received by Adamson, and not by me; it is that, in several instances, when I have left bills at the Bank for discount, and I have left town (my residence being at Bethnal-Green), before the time the Bank's answer could be received, I have left a blank draft on the Bank, at Adamson's ac

compting-house, to be filled up by him, in my absence, according to the amount of the bills, which the Bank might have discounted, and which he received accordingly.

These general proofs will, under the circumstances of this case (which you, Gentlemen, will bear in your minds, was a case of private confidence), be more than could, in common probability, be expected; and, in themselves, would, I trust, be sufficient to convince you of the true nature of the transaction, and consequently of my being innocent of all knowledge of the bills being forged.

But fortunately for me, I am possessed of evidence, respecting the very identical bills on which this indictment is founded. A witness will be called, who will prove their being in the hands of Adamson before they were endorsed by me; that Adamson admitted they were drawn by me, at his request; and that I received them from Adamson, for the purpose of getting them discounted for him at the Bank; and that I afterwards gave the amount of such bills, when discounted, to Adamson.

These facts must convince you, Gentlemen, of my being the ignorant means of procuring the discount of these bills, without any knowledge of the forgery; this is not circumstantial evidence, but positive and direct; and when added to the character of respectability and credit I have ever borne, and which nothing but the situation in which I stand, could induce me to mention, will, I trust, obtain me a verdict of acquittal.

Conscious as I am of my innocence, and supported as my defence is by positive evidence, I feel a fort of unwillingness to attempt the strengthening my case by the observations I am about to make; but the duty I owe to my family, requires me, perhaps, to leave no circumstance unnoticed, which is worthy your attention. I would therefore, for a moment, draw your attention to my conduct, subsequent to the apprehension of Mr. Adamson on the charge of forgery. That I was shocked and alarmed at the intelligence, I confess; but such alarm arose from the ruinous consequences it was likely to produce on my affairs, if the outstanding bills, which I had discounted for Mr. Adamson, were not genuine, knowing my liberality as the discounter, to make them good; the steps I immediately took must convince you that this, and this alone was the ground of my alarms; for I immediately went to my attorney, and after stating the circumstance, went to the accompting-house of Mr. Adamson (the last place I should have gone to had I been conscious of guilt), where I found he was detained at the Bank on the charged of forgery. An accomplice would have flown, and that I had the opportunity of doing so, is evident, since I that night slept at home, and on the following day returned, with my attorney again to Adamson's accompting-house, with a determination to obtain what I could by way of indemnity, to the responsibility which attached to me on his account. I there, in the presence of his clerks, opened his bill-box, and actually brought away the contents, under the claim of a right so to do, by way of indemnity. What inference can you draw from such conduct, Gentlemen, but that I was acting under the consciousness of innocence, and on the idea that, having accommodated Adamson with my name as drawer, I had a right to seek and secure an indemnity. Among the bills in the box were two that had my endorsement on them, as having been most likely returned from the Bank, and refused discount; and knowing I should he liable, if they got into circulation with my endorsement, for the amounts of those bills, I erased my name, and left the bills in the box. And here I must remark, and press it as a point deserving your particular attention, that if I had had the most distant idea that those bills were forgeries, I should certainly have taken them away, or destroyed them; and not, by leaving them behind, furnish evidence against myself, which might at least subject me to the inconvenience of explaining how my name happened to appear on them.

I did more, Gentlemen of the Jury, I left word with Adamson's servants, if I was wanted by any one, where I should be, and at which place I accordingly waited sometime, and afterwards went home, where I slept that night as usual. On the following day, I received a letter from Messrs. Winter and Kay, to attend at their office; I did attend accordingly, at that time, and at two subsequent meetings before my actual commitment, was anxious to enter into an explanation of the transaction, and pledged myself, if allowed to inspect my checks an the Bank, and refer to certain books I described, to clear myself to their satisfaction; but, unfortunately for me, my entreaties were not then attended to, or I should have rendered my standing before you unnecessary: for I cannot believe that, if I had been allowed to state and prove to them, what I have now stated, and am about to prove to you, any Magistrate would have thought it right to commit me.

Gentlemen, I shall now only observe, that the attention of the commercial world has been a good deal engaged on the subject of the charges brought against myself and Mr. Adamson; and some rumours may have come to your ears, or some statements been seen by you, in the public papers, which may have engendered a prejudice against me. However, Gentlemen, I am confident, that you will, under his Lordship's direction, not forget that it is your duty only to attend to the evidence produced before you, and to discharge your minds from any such prejudice.

I fully rely upon the candour and impartiality of a Jury of my countrymen; and, conscious of my innocence, have not held back from this public investigative, but voluntarily came forward as soon as I was sent for.

For the Prisoner.

SAMUEL HOWELL sworn. - Examined by Mr. Serjeant Shepherd. Q. Do you know Mr. Adamson? - A. Yes.

Q. Have you ever had any dealings in trade with him since the partnership was dissolved between him and Mr. Wilkinson? - A. Yes.

Q. Upon these dealings, did you at any time own Mr. Adamson money? - A. Yes.

Q.Have you any bills drawn by Mr. Wilkinson, that you have accepted? - A. No, I have not got the bills.

Q. Did you ever give any promissory note, payable to Mr. Wilkinson? - A. I did. (Produces it.)

Q.Was that for a debt due to Mr. Adamson? - A. It was given on Mr. Adamson's account, I had nothing to do with Mr. Wilkinson in the transaction.

Q. This note is for 290l. was it given for any money due to Mr. Adamson? - A. It was given by Mr. Adamson's desire to Mr. Wilkinson; I did not give it to Mr. Wilkinson, but I drew it at Mr. Adamson's desire.

Q. Had you any transactions in business with Mr. Wilkinson at that time? - A. None at all.

Mr. Garrow objected that this could not be made evidence; the Court were of the same opinion.

SAMUEL NEWTON sworn. - Examined by Mr. Const. I am a linen-draper.

Q.Have you had any connection with Mr. Adamson in the way of business? - A. Yes.

Q. Have you been indebted to him on account of that business? - A. Yes.

Q. Have you any bills drawn by Mr. Adamson in favour of other persons, and accepted by you? - A. I have accepted such bills, but I have not the bills.

JAMES SOBBETT sworn. - Examined by Mr. Serjeant Shepherd. I am clerk to Bowles and Co. bankers.

Q. Have you an account in your book of Banknotes paid into your house by Mr. Adamson, or on his account, on the 22d of February? - A. Yes; Mr. Adamson paid in two Bank-notes that day.

Q. Look at that list, were they paid into your house on his account? - A. Yes, and another draft besides.

(The list read.)

Mr. Garrow. I am ready to admit that this bill of 91l. payable to Mr. Adamson, was paid to Mr. Adamson's banker.

Court. This unfortunate man is charged with forging an acceptance, with intention to defraud the Governor and Company of the Bank of England; whether that is proved is for the Jury to say, but what this sort of evidence can have to do with it, I cannot possibly divine.

Mr. Const. My Lord, we mean to say, that the acceptance was made without our privity; it came into our hands afterwards, supposing it to be a real acceptance.

CHARLES REETH sworn. - Examined by Mr. Const. I am a linen-draper.

Q. Do you remember, at any time in February, carrying any bill or note to Mr. Adamson? - A. No; I was in Mr. Adamson's house in February, almost every day; I saw Mr. Adamson throw some bills across to Mr. Wilkinson, and desire him to go to the Bank and get them discounted.

Q. Did you see what they were? - A. I did not; but I heard them converse about what they were; one of them was upon Favell, Bousfield, and Company; and another was upon Mr. Howell.

Q. Did you ever see it afterwards, or hear what became of it? - A. No.

Prisoner. Q. Did not I take out one bill, and say, that that bill had been in before, and had been sent back, and that I did not like to send it in again, and that was this very bill of Mr. Favell's? - A. I don't know whose bill it was; I recollect the circumstances perfectly.

Cross-examined by Mr. Garrow. Q. Do you know much of Mr. Adamson's transactions? - A. A great deal.

Q. The bills that he brought were bills ready made? - A. Yes; he threw them to Mr. Wilkinson out of a case.

JOSEPH KING sworn. - Examined by Mr. Knapp.

Q. Do you know Mr. Adamson? - A. Yes.

Q. Do you know Mr. Wilkinson? - A. Yes; I told Mr. Adamson I should want a bill renewed of 297l.

Mr. Garrow. Conversation with Mr. Adamson certainly is not evidence.

Court. It is impossible for me to receive it.

Mr. Knapp. Q. What did you do in consequence of that conversation? - A. Mr. Wilkinson drew the bill, on the 20th of September, 1797, for Mr. Adamson, (produces the bill); Mr. Adamson was in the country.

Court. Q. I suppose Mr. Wilkinson had funds in your hands to answer this? - A. None; he renewed the bill for Mr. Adamson at my request.

Mr. Knapp. Q. Had Mr. Wilkinson any demand upon you? - A. Not to my knowledge.

Cross-examined by Mr. Garrow. Q. You had accepted a mere accommodation bill? - A. No; I wished it to be renewed, Mr. Adamson was out of town.

Q. And Mr. Wilkinson, who had been his partner, transacted business for him? - A. Yes.

Q. Therefore Mr. Wilkinson drew upon you another bill, which you, the acceptor, accepted? - A. Yes.

Court. I have no conception how this sort of evidence can possibly apply, there is nothing upon earth in it.

- LUSH sworn. - Examined by Mr. Serjeant Shepherd. Q. Do you know the prisoner Wilkinson? - A. Yes.

Q. Do you know of the circumstance of Mr. Adamson being detained by the Bank upon a charge against him? - A. Only from hearsay.

Q. Do you know of any message being sent by the Solicitor of the Bank to Mr. Wilkinson, after it was notorious that Mr. Adamson was in custody upon a charge of this nature, and that he went to the Solicitor of the Bank? -

Mr. Garrow. We admit It most clearly. - He went under an idea that he was going to give evidence against Mr. Adamson? - A. Yes.

REV. ROWLAND HILL sworn. - I have known Mr. Wilkinson several years, I always conceived him to be a man of undisguised integrity; and his character, that which was much more likely to be deceived than to deceive.

GUILTY Death . (Aged 33.) Tried by the London Jury, before Lord KENYON.

Reference Number: t17980418-64

299. JOSEPH ADAMSON was indicted for forging and counterfeiting, on the 15th of February , a certain bill of Exchange , the tenor of which is as follows:

No. 25. 490l. Manchester, 1st of Jan.1798.

Three months after date, pay to the order of Mr. James Holt , four hundred and ninety pounds, value received, as advised. T. Stevens.

Messrs. Bowles, Brown, Beachcrost, Reeves, and Company, Bankers, London.

With intent to defraud the Governor and Company of the Bank of England .

Second Count. For uttering the same, as true, knowing it to be forged, with the like intention.

Third Count. For forging an acceptance of the said bill of Exchange, to the tenor following:"Accepted, R.D.B." with the like intention.

Fourth Count. For uttering the same, as true, knowing it to be forged, with the like intention.

Fifth Count. For forging an endorsement of a like bill of Exchange, the tenor of which is as follows: "James Holt," with the like intention.

Sixth Count. For uttering the same, as true, knowing it to be forged, with the like intention.

Seventh Count. For forging an endorsement on the same bill of Exchange, to the tenor following:" J.C. Morrey," with the like intention.

Eighth Count. For uttering the same, as true, knowing it to be forged, with a like intention.

And eight other Counts, for similar offences, only varying the manner of charging them.

(The indictment was stated by Mr. Giles, and the case by Mr. Garrow.) WILLIAM CEWELL sworn. - Examined by Mr. Knowlys. I am one of the clerks in the Discount-office in the Bank; the prisoner at the bar had a discount account at the Bank: On the 27th of January last, there were bills sent in to the Bank to discount, to the amount of 1242l. 12s. 11d. on the account of Joseph Adamson.

Q. Look at that bill drawn upon Bowles and Beachcroft, is that one of them? - A. This is one of them; he had discount allowed to the amount of 855l.

Q. Did you make out the warrants upon which the bills were discounted? - A. I did not, but the clerk is here that did make it out; it is signed by himself, which gave him credit to draw to that amount.

Q. In whose hand-writing is that account of the bills which he sent for discount to the Bank? - A. Joseph Adamson's.

Q. Does that accompany the bills when they are sent in to be discounted? - A. It does.

Q. Among the rest, is there an account of this bill upon Bowles, Beachcroft, and Company? - A. There is; "Paid, London, Jan. 27, 1798. Joseph Adamson ."

Cross-examined by Mr. Gibbs. Q. You did not receive this yourself? - A. I did not.

Q. How do you know that these bills were left at the Bank? - A. I am certain that they were left, because they correspond with the list.

Q. Did you ever see the bills themselves? - A. I have seen this bill.

Q. Have you ever seen Mr. Adamson write? - A. I cannot take upon me to say that I have.

Q. Have you ever transacted business with him? - A. I have discounted bills for him at the office.

Q. It is only from having seen other papers, which you conceive to be his hand-writing, that you suppose this to be his writing? - A. Exactly so.

Court. Q. Did he ever acknowledge any of those papers that you supposed to be his writing? - A. we have very little conversation with the discounter.

Q. Did you ever understand, from him, that any of these papers were his hand-writing? - A. Never.

Mr. Garrow. Q. You saw the seal put to this release? - A. Yes. (A release from the Bank to Bowles and Company produced).

WILLIAM CAPE sworn. - Examined by Mr. Giles. I am clerk in the house of Bowles, and Company.

Q. Were they the bankers of the prisoner Adamson? - A. Yes, they were.

Q. Look at that; do you know any thing of that draft? - A. I acknowledged the receiving of it from Mr. Adamson's people, either his clerk or himself.

Q. Did you receive payment of that draft at the Bank? - A. I did not.

Q. Is that the hand-writing of the prisoner? - A. As to the appearance of it, I cannot swear to it.

Q. Did you ever see him write? - A. I may have seen him write.

Q. Should you have paid that draft if it had come to your house? - A. Yes.

Cross-examined by Mr. Gibbs. Q. You cannot say that you have ever seen Mr. Adamson write? - A. I may have seen him write upon the counter.

Q. You cannot say you have ever observed his

hand while he was writing? - A. I never took particular notice.

Q.From the comparison of his hand-writing with the drafts that you have paid, you suppose this draft to be his hand-writing? - A. Yes.

Q. Did you ever hear from him any acknowledgment that these former drafts of his, were his hand-writing? - A. He would certainly have mentioned it.

Q. What I want to know is this, you say you believe this to be his hand-writing, because, upon comparison of his name written to other drafts, it resembles it? - A. It does.

Q. Then, with respect to these other drafts, have you ever settled any account with him personally, by the settlement of which, he had admitted that these other drafts were his? - A. No.

Mr. Garrow. Q. Had he a banking-book? - Yes.

Q. Did he ever complain that you had put down drafts which he knew nothing of? - A. No.

Mr. Gibbs. Q. Have you made the entries in the banker's books? - A. I have.

Q. Have you ever, yourself, delivered that book to him, and received it again? - A. His clerk took it away.

Mr. Garrow. Q. Did he ever bring it himself? - A. Yes.

Q.Have you not paid drafts to the amount of many thousands, with similar signatures? - A. Yes.

Q. It is the course of your banking-house, (it is not the course of every house), from time to time, to return the drafts which a customer has drawn, with their book? - A. Yes.

Q. Have you done so with Mr. Adamson? - A.Frequently.

Q. Has it happened that you have returned similar signatures to that which is now put into your hand? - A. Yes, always.

Q. Did he ever complain that there were any drafts inserted which he knew nothing of? - A. No.

Mr. Gibbs. Q. Do you recollect any instance, after the delivery of this book, that he re-delivered the book to you, admitting those drafts as good? - A. Yes, I do.

Mr. Garrow. Q. How many times in a week has this book been carried backwards and forwards like a shuttlecock? - A. I cannot say how many times.

Mr. Gibbs. Q. Has Mr. Adamson himself ever personally brought the book to your house? - A. Yes, he has.

Q. And without making any objections to the drafts being cancelled? - A. No.

Court. Q. How long did the book last? - A.A. twelve month.

- BEACHCROFT sworn. - Examined by Mr. Garrow. Q. The prisoner kept cash at your house? - A. Yes.

Q. Are you acquainted with the manner of the prisoner's hand-writing? - A. Yes; I have seen him write.

Q. And made payments in consequence of his supposed signature? - A. I have.

Q. Look at that? - A.(Reads a draft upon the Bank of England, dated the 27th of January, 1798, for £845.)

Q. Is that signature the hand-writing of the prisoner? - A. I believe it is; I should have paid a draft with that signature, if it had come to our house.

Q. Have you a person corresponding with your house of the name of Stevens, of Manchester? - A. We have.

Q. Was he in the course of drawing upon your house upon a plate similar to that now in your hand? - A.Exactly similar.

Q. Look at the book, and tell me if the endorsement, which purports to be the endorsement of Mr. Adamson, is his hand-writing? - A. I believe it to be Mr. Adamson's writing.

Q. Be so good as look at that acceptance? - A. The letters are R.D.B.

Q. Is it the course of your house, for each partner, when he accepts, to use his own initials? - A. Yes.

Q. It went backwards and forwards, as other men's banking-books? - A. Yes.

Q. Is that accepted by you? - A. It is not my acceptance.

Q. It is not the course, as in some houses for each partner to use the initials of the whole firm? - A. It is not.

Q. Look at that list, whose hand-writing is that? - A. I believe it to be Mr. Adamson's writing.

Cross-examined by Mr. Gibbs. Q. Have you seen him write? - A. Yes. (That line of the list read which applies to the bill in question.)"27th January, 1798, Joseph Adamson, £490 Bowles and Company, 4th April, £490."

(The bill read)."Accepted R.D.B."

Q. Look at the filling up of the bill, do you believe that to be the hand-writing of the prisoner? - A. It appears to me to be his writing.

Mr. Gibbs. Q. You have known Mr. Adamson some time? - A. Yes.

Q. His character, I believe, has been a very good one? - A.Very good, as far as my knowledge of him extends.

THOMAS STEVENS sworn. - Examined by Mr. Knowlys. I am a manufacturer at Manchester.

Q. Is the signature to that bill your signature? - A. It is not.

Q. Is that bill the same sort of plate that you use in drawing upon Beachcroft and Co.? - A. It is.

Q. Who procured that plate to be engraved for you? - A. I went in January last, with Mr. Adamson, to an engraver, and got that plate engraved.

Cross-examined by Mr. Const. Q. Have you known Mr. Adamson sometime? - A. Yes.

Q. What has been his character within your knowledge? - A. I always believed him an honest man; I never found him to the contrary.

JAMES HOLT sworn. - Examined by Mr. Giles. I am a manufacturer, at Manchester, and have had some dealings with Mr. Adamson.

Q. Is that signature, "James Holt," your hand-writing? - A. It is not.

Cross-examined by Mr. Knapp. Q. You have known the prisoner, Mr. Adamson, sometime? - A. Yes, about five years; I believed him to be a very honest, steady, industrious man.

JOHN CHETHAM MORREY sworn. - Examined by Mr. Garrow. Q. Is that endorsement written by you? - A. No.

Q. Do you know any-thing of that bill? - A. No. I never saw it till after he was in custody.

Mr. Gibbs. Q. This man had always a very good character? - A. Yes, always.

Mr. JOHN WINTER sworn. - Examined by Mr. Garrow. Q. Did you go with the officer to Mr. Adamson's house? - A. Yes. (Produces a large bundle of impressions from the same plate.)

Mr. Gibbs. Q. He has given you a great deal of fair information, I believe? - A.More to Mr. Kaye than myself.

Mr. JOSEPH KAYE sworn. - It was intimated to me by the officer, that Mr. Adamson wished to give all the information in his power.

Q. Had you yourself, or any person, said any thing to induced him, or threaten him to give any information that he might? - A. No. I told him that whatever he communicated must be voluntary, and if he chose to give me any, I would receive it; but he must not hope for any thing in consequence of it. I had all the bills, and I shewed him this amongst the rest, and he pointed out this to me as a forgery; I asked him as to the endorser who Mr. Holt was, and he said a correspondent of his at Manchester; I asked him if he knew whose hand-writing it was, he said it was not Mr, Holt's, but he did not know whose it was; he said that was not the hand-writing of Mr. Morrey.

Cross-examined by Mr. Gibbs. Q. He gave you all the information he could, and, I believe, has materially assisted you, has he not? - A. I believe he did.

Prisoner's defence. I did not intend to have troubled the Court with a single word upon the case, but have relied wholly upon that administration of justice which is peculiar to the jurisprudence of this country; but finding, to my utter surprize, that Mr. Wilkinson has thrown the whole of the blame upon me, I think it a duty I owe to God, to my country, and my friends, to declare, that I do not know any thing about his business; and I declare solemnly, as I hope for salvation, that I had nothing to do with his transactions. Every assertion that he has made upon that subject is not true; if I have erred, I have erred through ignorance and misrepresentation. I forbear saying more, not meaning to implicate any body. I leave the rest to my Counsel.

Q.(To Mr. Kaye.) I believe you had reason to think that all the information he gave you was true? - A.Perfectly.

GUILTY Death . (Aged 32.)(The prisoner was recommended by the Jury to mercy, on account of his openness, candour, and apparent contrition.

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

Reference Number: t17980418-65

300. ROBERT REEVES was indicted for that he, on the 1st of February , had in his custody and possession, a certain receipt for a part, to wit,£670 of a certain contribution, to wit, a contribution of £670 towards raising £7,500,000 mentioned in a certain Act of Parliament, passed in the 36th year of his Majesty's reign, by way of Annuities; and that he, unlawfully advising and intending to defraud the Governor and Company of the Bank of England , on the same day, did forge and counterfeit, under the said receipt, a certain other receipt, for another part of the said contribution , the tenor of which is as follows:

Received £.100 10s. for second payment, William Mullens. Entered W. Johnson. with intent to defraud the Governor and Company of the Bank of England.

Second Count. For a like forgery with intent to defraud Thomas Parry .

Two other Counts for uttering, as true, like forged receipts, knowing them to be forged, with the like intentions.

And four other Counts, charging him with similar offences, varying the manner of charging.

(The indictment was stated by Mr. Giles, and the case by Mr. Garrow.)

THOMAS PARRY sworn. - Examined by Mr. Giles. Q. What are you? - A. I am out of business; I was a tobacconist formerly.

Q. How long have you known the prisoner, Mr. Robert Reeves? - A. Six or seven years.

Q. When had you first any transaction with him respecting advancing money upon securities? The witness referred to a book.)

Cross-examined by Mr. Knapp. Q. When were those memorandums made? - A.As they happened.

Mr. Giles. You may refresh your memory with them then.

On the 21st of March, 1796, he applied to me to sell my stock, and hold Scrip-receipts for it.

Q. Who was to have the use of the money which the stock produced? - A. The prisoner or his principal; and he deposited Scrip-receipts with me to the amount of 300l.

Q. How many receipts did he deposit? - A. I do not know whether it was two or three receipts, but there was to the amount of 300l. exactly. The next application was the 18th of February, 1797; I advanced him 2240l. in money, he deposited for that, Scrip-receipts to the amount of 4600l. On the 16th of May, he applied to me again, to sell 1000l. of my Consols; I agreed to it, for which I received 1000l. in Scrip-receipts.

Q. Look at that, and see if that is the receipt you then received? - A. This is the very one, it is marked.

Court. Q. Was it in the same plight that it is now? - A. He brought me a receipt with only one payment upon it; I cannot say exactly whether it was that receipt or another; then I opened the receipt, it was folded up; I said, Mr. Reeves, here is only one payment upon this, I should have one paid in full; he accordingly said, oh, so it is; I will get one paid in full, or, I will make it paid in full, I do not know which was-the expression exactly, but it was to that purport.

Q. This was at the Bank? - A. Yes, in the Three per Cent. office. He then left me, and went, as I thought, to make the payment. In about an hour, he returned, and gave me that very receipt exactly as it is now, and said, there, Mr. Parry, there is one paid in full.

Q. In what character did he apply to you to make these advances? - A. As a broker, and he appeared to go to his principal always.

Q. What transaction had you with him afterwards? - A. On the 17th or 18th of July, or thereabouts, I gave him 2000l. Loyalty Loan to sell for me; he told me the same day, he had sold them for 615l. money, and for that money he gave me 1200l. in Scrip-receipts.

Q. Go on to the time when you received a memorandum of him, state when, and upon what occasion? (shewing him a paper) - A. About the 21st of October, 1797, as near as I can guess, I received this from Mr. Reeves.

Q. Whose hand-writing is that paper? - A. I believe it to be the prisoner's hand-writing?

Q. Are you acquainted with his hand-writing? - A. Yes; I have seen him write, and I believe that to be his hand-writing.

(It is read.)

Q. What was the occasion of his giving you this memorandum? - A. It was an agreement, as he told me, between him and his principal.

Q. What are these 30l. and 15l. mentioned in the memorandum? - A. That was a continuation from different settlement days.

Q. Did you ever make any application to the prisoner for the re-payment of this money, and the delivering up the securities? - A. I applied to him to put them into my name as stock.

Q. You mean the Scrip-receipts to be turned into stock? - A. Yes. He said, I will go and hear what they have to say, meaning, as I supposed, his principals; when he came back again, he used to say, you may as well let it go on for a time, you have got Government security in your hands, and therefore you need not be uneasy about it.

Q. You did permit it to go on? - A. I did.

Q. Did any thing occur, and what, to raise any suspicion that this security was not what you believed it to be? - A. Something excited my suspicion, in consequence of which I enquired at the Bank, and found the securities were not what I expected.

Cross-examined by Mr. Knapp. Q. If I understand you right, the first time you saw the receipt it was with one payment? - A. Yes.

Q. It was returned afterwards, but you do not take upon yourself to swear it was the same that he had given you before? - A. No.

Q. You have employed the prisoner to act as a broker for you, in jobbing of Scrip-receipts and stock? - A. I never employed him to buy any but 2000l. Loyalty-loan.

Q. Do you know that the Scrip-receipts are marketable in their different stages? - A. I have heard so from the prisoner, never from any body else.

Q. Do not you know, that when the payments are made up full upon the Scrip-receipts that they are full as marketable as stock, and are marketable even when the Stocks are shut? - A. I took this as such from the prisoner, but never made any enquiry of anybody else.

Q. Have not you understood from Mr. Reeves, or from anybody else, that you could convert the Scrip-receipts into stock? - A. I never made any enquiry about it.

Q. Do not you know, from having the possession of Scrip-receipts, that you could convert them into stock at any time? - A. Had they been good, I should suppose so.

Q. Did Mr. Reeves ever induce you, or say any thing to prevent your converting them into stock, during the time you had them? - A. He said, I might as well keep them according to the agreement; his agreement tied me from it.

Q. You might have done so, and broke your agreement? - A.I might have broke it immediately.

Prisoner. Q. Did not you attend at the Bank two, three, and four times a week, for a twelvemonth, previous to my being apprehended? - A. Yes, I did.

Q. Have not you lent money upon Scrip-receipts to William-Daniel Moxley ? - A. I never have to any person but yourself; I do not know the person.

Q.Did you never buy any Scrip yourself? - A. I never bought any Scrip.

Q. Of no kind? - A. No; I had no transaction of any kind but with you.

- ASLEE sworn. - Examined by Mr. Garrow. I am Deputy to the Chief Cashier of the Bank.

Q.Look at that receipt; the first payment was made at the Bank? - A. Yes, and the receipt for that is good.

Q.Has any subsequent payment been made upon that receipt? - A. No subsequent payment has been made upon this receipt.

Q.What is the name you found subscribed to the second receipt? - A. The name of William Mullens .

Q. Is there a person of the name of William Mullens in the Bank, a cashier? - A. Yes, there is.

Q. Are you well acquainted with his character, and manner of writing? - A. Perfectly.

Q. Do you believe that signature to be his, or to be a forgery? - A. I am satisfied that it is not his.

Q. Is there a person of the name of William Johnson , employed as an entering clerk to these receipts? - A. There was at that time.

Q. Are you acquainted with the character of his writing? - A. Perfectly well.

Q. Is that signature Mr. Johnson's writing? - A. I am satisfied it is not.

Cross-examined by Mr. Knapp. Q. I observe that you have told us that the first payment is made upon that, and that that first payment is genuine? - A. Yes.

Q. Is your recollection sufficient to say so, or do you derive your knowledge from any other source? - A. I derive my knowledge from a comparison with the book.

Q. Is the book here? - A. It is.

Q. Do these Scrip-receipts, before the payments are fully made up, pass in the market? - A. They are negociable.

Q. Do you mean by that, they are negociable after the first payment? - A. Yes.

Q. Then, when the payments are fully made up, I should suppose, they are more negociable than at first, because the security is better? - A. They may be kept in that state, but it so happens, that they are mostly converted into stock.

Q. In the course of your experience in such transactions, it may, and does happen, that receipts, with payments partly made up, are convertable into stock? - A. Yes.

Q. When they are made up, and the stock is shut, are they not marketable, not withstanding the stock is shut? - A.Certainly.

Q. Then, in point of fact, they are better security, are they not, during the time the stock is shut, than so much stock? - A. The security at that time could not be given in stock when the books are shut; therefore, if receipts of this kind had been made into stock, prior to their shutting, there would have been no opportunity of negociating that stock.

Q.Then, in fact, when the payments are fully made up, and a person has the possession of them, during the time the stock is shut up, it is more convenient to those persons who with to job? - A. Yes.

Court. If the time had elapsed, and the payments were not made up, they would not have been negociable.

Mr. Knapp. Q. Have any instances come within your knowledge, where the Act of Parliament forfeits the payment, that they have come into the Alley, and are marketable? - A.Those omissions do sometimes happen, but I did not, myself, know of any being negociated in that state.

Q. Does not the Bank themselves advance money upon it? - A. Yes, they do.

Q. And what security have they? - A.They take the receipts as a collateral security.

Q. Do the Bank keep them after the payments are made? - A. There have been instances of that kind.

Q. And after they remain with the Bank, have they been issued out again, and returned to the parties, upon paying the installments? - A.They are always returned to the parties depositing them.

Q. They may go back again floating into the market? - A. They may.

Mr. Garrow. Q. Do not the Bank regularly make the payments when the installment-day comes? - A. Yes.

Q. Then, what the gentleman calls getting back floating into the market, is not in blank, but with the payments filled in? - A. Yes.

Q. Sometimes, when there has been an accidental omission, they have been permitted to make it after the day? - A. Yes.

Q. Where it has been made out to be a clear omission? - A. Yes.

Q. Did you ever know an instance in your life, of five different installments being permitted to be made up, after the whole ought to have been made up? - A. Such a thing might have happened before the time of the report being made to the Treasury of the defaulters; but after that, there are no such

payments, certainly, for any part, or the whole would have been taken.

Q.Supposing the last to be paid the 26th of October, might the drawer of it have gone and received a year's dividend? - A. He could have received his year's dividend on the 5th of January, 1797.

Q. That is, supposing it converted into stock? - A. Yes.

Prisoner. Q. When these receipts are paid up in full, is it not optional for the persons who pay them up, to keep them out as long as they please? - A. I know no limitation.

Q. Are they not very often in circulation for a twelvemonth, or two years, after the whole of the payments are made up, before they are made stock of? - A. I believe it may have happened so.

Court. Q. I need hardly ask you whether, if the first payment is genuine, that does not give credit to the paper, and to the payments made? - A.Certainly.

WILLIAM JOHNSON sworn. - Examined by Mr. Giles. Q. You were one of the entering clerks of the Bank in the year 1797? - A. I was; I am now one of the cashiers.

Mr. Knapp. Q. As entering clerk of the Bank, do you give security for your situation? - A. All the Bank clerks give security.

Mr. Giles. Q. Look at the name of Johnson signed to the second receipt of that paper, and tell me if it is your hand-writing? - A. It is not.

Cross-examined by Mr. Knapp. Q. Do you know to what extent the circulation of Scrip-receipts, in the market, extends-nearly as much as Banknotes? - A. It depends upon the quantity in the market; there are a great number of them circulated in the market.

Court. Q. Do you know Mr. Mullens's handwriting? - A. Yes.

Court. Q. Is the signature to that his handwriting? - A. I think not; it appears to me not.

Mr. Mullens called. -

Mr. Garrow. My Lord, I propose to ask Mr. Mullens whether it is his signature; he was rejected upon the former trial; I only offer him that the Jury may see we keep nothing back; if he is objected to we shall not call him.

Mr. Knapp. I certainly object to him.

WILLIAM TOMLINSON sworn. - Examined by Mr. Giles. Q. Did you, after Mr. Reeves was in custody, go to his house, with any of the Bow-street officers, and search it? - A. I did; and found these Scrip receipts in a bureau. (Produces them).

Q. Do you know what the amount of them is? - A.Something more than 28 or 29000l. all of them have the first payments only made up genuine, the rest are all blank.

Mr. Garrow. (To Aslee.) Q.Look at these Scrip-receipts? - A. They are all genuine, and are receipts for the first payment only.

Tomlinson. I found them in October 1797.

Q. Then those payments, which were not made, were all forfeited? - A. Yes.

Mr. KAYE sworn. - Examined by Mr. Garrow. I attended on the 30th of October, 1797, when Mr. Reeves was examined upon the subject of those receipts that had been passed to Mr. Parry, there were two receipts produced, the one stated in this indictment, and another, I pressed him very much to know from whom he had received them; his answer was, he did not know, he had got no entry, or account of it; he stated his having paid a continuation interest to Mr. Parry, from the November preceding, up to October, about eleven months, amounting to from twenty to thirty per cent. according to the different settlements that had been made.

Q.Did that statement, that he had paid a continuation interest, lead you to put any question to him? - A. I said, you being a clerk in the Bank, and a Stock-broker, must know, that in 1797, you could have carried these Scrip-receipts and paid them into the Bank as stock, at any hour; he said, he knew that; I said, and that you would then have been entitled to have received a year's dividend upon them; he said, yes; I then said, what could be your inducement to pay from twenty to thirty per cent continuation interest, when you could have turned these receipts into stock, and sold them for the money you borrowed, and you would have had a year's interest in addition; he said, he had no inducement, and seemed very much agitated; I repeated it several times, half-a-dozen times, I suppose, and he repeated four or five times the same answers.

Cross-examined by Mr. Knapp. Q. You pressed him very strongly? - A. Yes.

Q. You did not hold out any inducement to him to say what he did? - A. No.

Q. Nor any threat? - A. No.(The receept is read).

"Loan 1796, for 7,500,000l.

"1000l. Three per Cent. Annuities, 1796, to be added to the Three per Cent. Consolidated Annuities, by virtue of a resolution of the House of Commons for raising 7,500,000l. for the service. of the year 1796.

"Received of B. and A.Goldsmid, Esq. the sum of 67l. for a deposit of ten per cent. upon 670l, subscribed by him, in pursuance of the abovesaid resolution, and upon due payment of the remaining 90l. 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 intitled to 1000l. joint stock of

Three per cent. Annuities which were consolidated at the Bank of England, by certain Acts made in the 25th, 28th, 29th, 32d, and 33d years of the reign of his late Majesty King George 11. and by several subsequent Acts, the interest to commence from the 5th of January, 1796, Any subscriber who shall be possessed of any Exchequer bill or bills, issued pursuant to an Act made, entitled an Act for raising a certain sum of money by Loans, or Exchequer bills, for the service of the year 1796; and by another Act, passed in the same session, entitled an Act for raising a further sum of money, by Loans of 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 in the same session, entitled an Act for granting to his Majesty, a certain sum of money out of the Consolidated 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 subscription on or before the 2d of September next, will be allowed a discount, after the rate of three per cent. upon the 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. J. Pretty.

"£67 Entered W. Johnson.

"Received £100 10s. for the second payment.

" Wm. Mullens.

"Entered W. Johnson."

Mr. Knapp. My Lord, It seems to me that there is an objection in this case, which must be fatal to it. Your Lordships observe this is an Act, the title of which is, for raising a sum of seven million and a half by way of Annuities, and it states that that Act passed the legislature on the 14th of May, 1796. Now it appears upon the face of this instrument, that the only date there is to be found, is the 26th of April, 1796. It seems to me, my Lord, that that is a payment made before the passing of the Act of Parliament, which creates a punishment upon any person who shall be found guilty of forging an instrument of this sort, and therefore cannot be a felony and forgery by this Act of Parliament. Neither the indictment, nor the instrument itself, bears any other date than the 26th of April, your Lordship will therefore be bound to see, whether, in this case, you can have reference to this Act of Parliament upon which the indictment is founded.

My Lords, your Lordships would probably ask me why I presume the 26th of April was the date as appropriate to the second payment, or the third payment, or any other payment, stated upon the instrument itself. It is not for me to contend, that your Lordship is bound down by the 26th of April, but it seems to me, that it is quite sufficient for me to contend, that if there be no date upon the face of the thing, as applicable to any of the receipts, so stated upon that paper-writing, your Lordships will not presume a date against the prisoner at the bar, unless you feel yourselves bound so to do.

Lord Kenyon. This is for uttering, now the uttering was long since that day in May.

Mr. Knapp. I was aware your Lordship would see that. But does your Lordship think you can go out of the record itself, and out of the thing itself, as it is stated upon the paper-writing, and let in parole-testimony to explain that writing; or is not your Lordship of opinion, that it must appear distinctly upon the face of the writing itself, and cannot derive any assistance from any parole testimony which may be given upon the occasion. With respect to Forgeries, I apprehend, wherever a date is stated upon the record, and the instrument is stated to be forged, it is for my learned friend to shew that that forgery was committed upon the day stated in the indictment, and in the instrument itself. I trust, that in this case, if there is in any date appearing upon it, your Lordship will have resort to that date, and will not feel inclined to be assisted by any evidence of a parole nature.(Mr. Raine said a few words on the same side.)

Lord Kenyon. If an indictment states an instrument of any date, the instrument produced must correspond with it; but there can be no doubt that a forgery may be committed upon an instrument which has no date, and if it appears that this was uttered after the time of the passing of the Act, does not that do away the objection? - I see nothing at all in the objection.

Prisoner. Q.(To Aslee) Prior to the date of the Act, were there not receipts for the Loan of seven millions and a half issued by the Bank - cannot the whole of the payments be made at one time? - A.Certainly they can. But in that case, the mode of giving the receipt is different. Supposing any gentleman had come between the day of the deposit and the 26th of May to make a payment in full, the lower parts would have been scratched through, and the whole amount then paid would have been written.

Court. Q. To make it agreeable to the Act? - A. Yes.

Prisoner's defence. My Lord, and Gentlemen of the Jury. I humbly crave leave to say a few words. My Lord, I have known Mr. Parry a considerable time, and transacted a great deal of

business for him. My Lord, the receipts that I gave Mr. Parry I took in the common course of business from the Stock Exchange; I will bring gentlemen from the Stock Exchange, to shew that Scrip-receipts are taken without taking any notice of them. Mr. Parry attended almost every day for a twelve-month before this took place; he always found me in business; I was not a day from the Bank, and if I had been guilty of the crime of forgery, or of uttering, knowing to be forged, is it possible for you, my Lord, and the Gentlemen of the Jury, to suppose that I should have continued in my situation at the Bank? I hope, my Lord, and Gentlemen of the Jury, before you give a verdict, before you consign a fellow creature to the grave, I hope you will pause well, and consider, before you find me guilty of such a crime. There is no proof of any thing of the kind; and, if I had been guilty, is it possible to suppose, I should have been found attending my business, even to the very minute that I was apprehended? These receipts go as current as Bank-notes at the Stock Exchange. Mr. Parry was attending there himself every day, and knew as much of the business as I did myself. I now throw myself upon the mercy of your Lordship and the Jury, humbly craving that, through God Almighty's power, I shall receive a verdict of not guilty.

Mr. Knapp. Q.(To Mr. Kaye.) I believe Mr. Reeves was, in point of fact, sent for to the Bank, and came when he was sent for? - A. He came with the person who went for him.

For the Prisoner.

GEORGE JOHNSON sworn. - I am a stock broker.

Q. Are you acquainted with the traffic of Scrip in the market? - A.Perfectly.

Q.How long have you been a broker? - A. Between thirty and forty years.

Q. I believe the business of purchasing Scrip in the market, and selling it, requires a great deal of expedition? - A. Yes.

Q. How long is the office open? - A. From ten o'clock till half past three.

Q. Every thing that is done, is done in a very great hurry and confusion? - A. Yes, very much so indeed.

Q. Do you think a person might keep a regular account of the Scrip he bought or sold on a particular day? - A. I do not. I mix them all together, take them to the banker's, and there deposit them, without taking any account of the numbers.

Q. How long have you known Mr. Reeves? - A.Seven or eight years; I remember him when he was a clerk in the Bank.

Q. What is his character for honesty? - A. I never heard any thing against his character.

Cross-examined by Mr. Garrow. Q. You do not take the numbers so that you know that you have No. 3, from such a one, and No.6, from such a one? - A. No.

Q. Do you mean to say, you keep no account at all? - A. I take an account of the thousands, but not of the numbers.

Q. So that if you had bought of me, upon any given day, 1000l. or 10,000l. Scrip, you would have been able to say, I bought 10,000l. of Mr. Garrow on Monday? - A. Yes.

Q. Therefore, whether it was No. 6, No.7, or No.8, you could not tell; but the amount, and who you bought it of, you would know? - A. Certainly.

Q. I believe, you sometimes borrow money, and borrow stock, upon the deposit of Scrip - do you ever do that? - A. I have.

Q. Would you have any difficulty, in that case, to name your principal? - A.No.

Q.Suppose I say, Mr. Johnson, be so good as borrow me 10,000l. upon these Scrip-receipts; you go to your banker, deposit them, and get 10,000l. a month; afterwards, if the banker wanted to know who your principal was, you could tell him? - A. I should tell him he had no business with it.

Q. But suppose he did say so; supposing, for the end of public justice, it was necessary that you should, you would have no difficulty in knowing who your principle was? - A. No.

Q. Your books would tell it? - A. Yes.

SAMUEL NESBIT sworn. - Examined by Mr. Raine. I have been a stock jobber upwards of twenty years.

Q. Have you any dealings with respect to Scrip receipts? - A. I have, very large.

Q. They are negociable securities? - A. Yes.

Q. Are these transactions conducted with any degree of hurry and bustle? - A. A wonderful deal.

Q. Then, perhaps, it is not easy to keep a regular account of such transactions? - A. I think it impossible

Q. Are they easy negociable securities? - A. Perfectly easy.

Q. I believe they are negociable when the Stocks are shut? - A.They are.

Q. Therefore, they are a more marketable commodity than the transfer of stock? - A. Certainly; because we cannot get stock when the Stocks are shut.

Q. Have you ever known any error creep into these transactions, in consequence of hurry and bustle? - A. I have, sometimes, bought Scrip where I had bought four papers, and only three have appeared.

Q. Are these receipts negociable when all the payments are made up? - A. They are.

Q. Do you know the prisoner at the bar? - A. I do; I have known him sixteen or seventeen years.

Q. During the whole of that time, what has been his character for integrity? - A. I never heard any thing against his character.

Cross-examined by Mr. Garrow. Q. Do jobbers keep books? - A. Yes.

Q.Possibly those books contain an account of purchases and sales? - A. In my book I take an account of the transactions.

Q. If you buy, you record that; if you sell, you record that? - A. If it is for a future day I put the sum and the name.

Q. If you had bought 10,000l. stock, could you not have told the next day who you had it of? - A. Yes.

Q. Did you take it to be a common thing to keep Scrip-receipts, upon which the full payments have been made, floating in the market? - A. It is very frequently the case.

Q. For many months? - A. I have never kept them so long.

Q. Have you ever kept them so long as to lose a great deal of money by not having a dividend? - A. No.

Q. Can you possibly suppose an inducement for any man to do that if the receipt is genuine? - A. I cannot.

ANTHONY MILLS sworn. - Examined by Mr. Knapp. Q. Are you acquainted with transactions in the Alley, with respect to Scrip? - A. Yes.

Q. Have you been in the habit of buying and selling Scrip? - A. Yes; and have been concerned in Loans.

Q.Is not the purchase and sale of Scrip attended with a great deal of hurry and bustle? - A. It is.

Q. Is it usual to keep an account of all the Scrip that a person buys in that hurry and confusion in a day? - A.Certainly.

Q.And of whom they buy it? - A.Certainly.

Q. Do you mean to state, that you do it yourself, or, that it is customary for other people to do it? - A. I always do it myself.

Q. You are not a broker? - A. No.

Q. What others do, you do not know? - A. No.

Q. How long have you known the prisoner at the bar? - A. I cannot say that I ever saw him till I saw him here.

FRANCIS WALSH sworn. - Examined by Mr. Raine. I have been a stock-broker six or seven years.

Q. Have you had large dealings in this way? - A. Yes.

Q. Have you had dealings in Scrip-receipts? - A. Yes.

Q. To a large amount? - A. Yes.

Q.These things are conducted with a considerable hurry and bustle? - A. Very great indeed.

Q. Are you able to keep a regular account with respect to dates and numbers? - A. No, not with respect to dates and numbers, but the quantity we do; sometimes we are in such a hurry, that we cannot keep an account of even from whom we have them.

Q. Are those securities very marketable? - A.They are.

Q. They are particularly marketable when the Stocks are shut? - A.They are.

Q. Have you known instances of these Scripreceipts being negociated after all the payments are made? - A. Yes, long.

Q. How long after? - A. I cannot say the precise time, but for a considerable time afterwards.

Q. Are you at all acquainted with the prisoner? - A. I have known him five or six years, he has always bore a good character.

Cross-examined by Mr. Garrow. Q.You do not keep an accurate account of the numbers and dates, but you have no difficulty in stating to the amount of every purchase you make upon every given day? - A.Certainly.

JAMES PALMER HOBBS , Esq. sworn. - Examined by Mr. Knapp. I am a banker.

Q. Do you know the prisoner? - A. I have known him a great number of years.

Q.What is his character for integrity and honesty? - A. I always found him a very honest man, I have employed him upon that idea; his brother was clerk many years in my house.

REV. ROBERT DICKINSON sworn. - Examined by Mr. Raine. I have known the prisoner at the bar upwards of three years.

Q. What character has he borne for integrity? - A. I never knew him guilty of any thing that would lead me to suspect he would do any thing wrong; he was constant in his attendance at church, and I have had frequent opportunities of observing him.

HENRY MACLEAN sworn. - Examined by Mr. Raine. I live in Park-place, Walworth: I have known Mr. Reeves twenty-four or twenty-five years, I always considered him as a man of the greatest integrity, and one that I would have trusted to any extent whatever.

The prisoner also called Mr. William Adams, and John Rhodes , who gave him an excellent character.

GUILTY Death . (Aged 35.)

Tried by the London Jury, before Lord KENYON.

Reference Number: t17980418-66

301. WILLIAM WILLIAMS and JOHN ABBOT were indicted for that they, on the 9th of March , in a certain Park and open place, near the King's highway, in and upon John Davis , did

make an assault, putting him in fear, and taking from his person a man's hat, value 2s. ten copper halfpence, two copper farthings, two penny-pieces, and two shillings and sixpence , the property of the said John.

JOHN DAVIS sworn. - On the 9th of March, between seven and eight o'clock in the evening, I was robbed nearly opposite the Horse-Barracks, in Hyde-Park , as I was going to Kensington; I was stopped by the two prisoners, I am sure they are the men; they came up and seized me by the collar, and after that, I begged them not to hurt me, I was a poor man, and had but little, and begged they would let me go; they then put their hands to my throat, to prevent my calling for assistance; they then put a bayonet to my cheek, which bled me; they took away two shillings and sixpence, twelve halfpence, a farthing, and two penny-pieces; they threw me down and used me very ill after that, and threatened my life; they tore my breeches to pieces, (produces them), to see if there was any thing in the fob; after that they took my hat from me; they wanted to pull my coat off, they gave it a pull, and then went away.

Q. Was it light or dark? - A. Not very light, nor very dark.

Q. How long were they with you? - A.They might be with me as much as two minutes, I cannot say.

Q. You were alarmed, I suppose? - A. Yes.

Q.How were they dressed? - A. As they are now.

Q. What sort of hats had they on? - A.Round hats.

Q. In such a moment of agitation, it being pretty near dark, and staying with you so short a time, can you conscientiously swear that you believe them to be the men? - A. Yes; I took so much notice of them, that I am sure they are the two men that stopped me, and robbed me.

THOMAS GRIFFIN sworn. - I am a private soldier in the first regiment of Life-guards: on the 9th of March, between seven and eight o'clock, I was going out to fetch a pail of water for my horse, I heard a noise in the Park, and ran on to the road immediately, and asked what was the matter; Thomas Haynes came up, and said he was robbed.

Q. Do you know any thing of Davis? - A. No; Haynes said, he thought they were gone towards the gate at Hyde-Park-corner; I had scarce got to the gate when the two prisoners came up; Haynes said, these are the men, stop thief, stop thief; I took them, and delivered them up at the watch-house; that is all I know about it.

JOHN LONG sworn. - I heard a cry of stop thief: I saw Williams run across from Hyde-Park-gate over to St. James's Park-gate, and there I caught him, and made him prisoner; I saw the other man turn back into Hyde-Park again.

JAMES KENNEDY sworn. - On the 10th of March, the Magistrate desired me to bring the two prisoners from the watch-house, and I brought them; I searched Abbot, and found a silk handkerchief rolled within a muslin one; and there was a hat delivered to me by the beadle of the watch-house, which Davis swore was his property.

WILLIAM PRICE sworn. - On the 12th of March, I was at New-prison, and heard of a gentleman that was robbed of two silk handkerchiefs, and a watch.

Court. Q. They are not in the indictment.

Price. I searched Williams, and found two penny pieces, several halfpence, and two farthings.

Williams's defence. I was coming home from over Blackfriars bridge, and when I came to the gate, two men laid hold of me.

Abbot's defence. I was going through the Park, and I picked up a hat, which I found better than my own, and I threw that away.

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

Williams, GUILTY Death . (Aged 22.)

Abbot, GUILTY Death. (Aged 23.)

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

Reference Number: t17980418-67

302. JOSEPH PENN was indicted for feloniously stealing, on the 3d of March , two pint pewter pots, value 14d. the property of William Wilson .

WILLIAM WILSON sworn. - I keep the Dover Castle, Red Lion-street, Whitechapel : On the 3d of March, in the afternoon, I was sent for home, and informed that some pots were stolen; the prisoner was there, I searched him, and found one of these pint pots under his apron, and another in his breeches; I had lost above twenty poundsworth of pots within twelve months; I know them to be my pots, because they are numbered, and have my name upon them. I had seen the prisoner about half an hour before opposite my house.

THOMAS BUSH sworn. - I am a broker: I was in at Mr. Wilson's, on the 3d of March, and Mrs. Wilson told me the prisoner had got some pots, and he immediately said, no, he had not; I laid hold of him, and then Mr. Wilson came in, and took one pint pot from under his apron, and another out of his breeches.

Prisoner's defence. I did not design taking them, but I had not a bit of bread to eat, nor had not had for four days, neither me nor my family; we were all starving.

Q.(To Wilson) Did you ever see the prisoner before? - A. Yes; I have helped him to work

several times; he is a porter at sales, and goes of errands.

GUILTY (Aged 55.)

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

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

Reference Number: t17980418-68

303. MARY MOUNTJOY was indicted for feloniously stealing, on the 23d of February , a feather bolster, value 5s. two woollen blankets, value 10d. a sheet, value 10d. a patch-work counterpane, value 10d. a wooden pail, value 10d. and a pillow, value 10d. the property of Patrick Bradley , in a lodging room .

PATRICK BRADLEY sworn. - I live at No. 10, Coal-yard, St. Giles's : I let a lodging ready furnished to the prisoner, she was to pay three shillings a week; the articles in the indictment were a part of the furniture; she went away from her lodgings, and took the tickets with her, without giving me any notice; I heard, from some market women, that she was about Covent-Garden market, and I desired them to tell her to give me the tickets, and I would not prosecute her; and she sent me word, I might do as I liked about that. I got a smith, and broke open the door, and missed all the articles in the indictment. They were all pawned at one place, and the pawnbroker is here with them, except the pail.

JOHN FRANKS sworn. - I am servant to a pawnbroker, (produces the property); the prisoner at the bar pledged all these articles with me at different times; I have known her for some time. (The property deposed to by the prosecutor.)

Prisoner's defence. I did not mean to leave the room till I had put the things in their place again; I had left things of my own there.

Q.(To Bradley.) Did she leave any thing of her own there? - A. I believe there were three baskets of her's there; and she had taken another lodging.

GUILTY .

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

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

Reference Number: t17980418-69

304. JOHN MACBRIDE was indicted for feloniously stealing, on the 16th of February , two copper pots, value 12s. and a copper saucepan, value 3s. the property of John Williamson .

JOHN WILLIAMSON sworn. - I am a publican ; I keep the Ship and Unicorn, in Gravel-lane, Shadwell ; On the morning of the 16th of February, I came down stairs and opened my street door about half after seven, I found that the lock of the washhouse door, at a little distance from the house, had been broke open, and the property in the indictment gone. I had seen the things there the day before.

DENNIS M'CARTY sworn. - I am a victualler in East-Smithfield: On the morning of the 16th of February, between seven and eight, the prisoner came in with a copper pot and a saucepan; I suspected that he had stolen them, and he confessed it.

Q.Did you tell him it would be better to confess it? - A. Yes, I did indeed; I did not stop him, but he staid in my house voluntarily, till the officer came and took him away. Elby, the officer, took the property and the prisoner away with him.

WILLIAM ELBY sworn. - I am a constable belonging to the Police-office, Shadwell; (produces two copper pots and a saucepan); one copper pot and saucepan I had from the last witness's house, and then the prisoner went with me to an old clothes shop, in Back-lane, one Davis's, a Jew, and there I found the other pot.

Williamson. This is my property; the one that was found in Back-lane he confessed to be mine.

Q.Had you made no promise or threat to induce that confession? - A. I had not.

Prisoner's defence. I found them.

GUILTY (Aged 18.)

Privately whipped , and discharged.

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

Reference Number: t17980418-70

305. JAMES VINTNER was indicted for feloniously stealing on the 9th of March , a wooden cask, value 8s , the property of Thomas Pinkerton , William Hamilton , and John Hamilton .

JOHN GILFELLEN sworn. - Messrs. Pinkerton and Hamiltons belong to the Carron Shipping Company , for sending Ordnance stores down to Carron: The prisoner went on board the ship Thames, and enquired for casks belonging to Mr. Skerridge; he said that he came from him; I had never seen him before; he went down to get one of the casks from the captain, and as he was coming from the ship on to the Glasgow-wharf, I stopped him with a cask on his back.

Q. Then this was to be delivered to Mr. Skerridge? - A. Yes; the Company were liable to Mr. Skerridge for it; he is a porter-brewer in the Borough.

Q. And the captain is liable to the Company? - A. Yes.

Court. This might maintain an indictment for obtaining goods under false pretences, but cannot amount to a felony. NOT GUILTY .

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

Reference Number: t17980418-71

306. JAMES EAMER was indicted for feloniously stealing, on the 15th of February , a

wicker basket, value 2d. and fifty eggs, value 3s. the property of Thomas Briggs .

MARY BRIGGS sworn. - I am the wife of Thomas Briggs : I keep a chandler's shop, in Grosvenor-place, Pimlico ; about ten minutes before nine in the evening of the 15th of February, the prisoner came in for a pennyworth of tobacco; while I was serving him, I saw a hand come over his shoulder, and take away a basket of eggs. Mr. Atkins, a neighbour, brought the basket back.

- ATKINS sworn. - I saw the prisoner and two men in the evening of the 15th of February; the first time I saw them, I heard them whistle, and I saw three men looking in at my window; the prisoner was one of them; they all appeared to be like soldiers, but it was dark; I went a little further and watched them; they looked in at several shops; I followed them up to Briggs's shop, and Eamer went in first, one of the others followed him, and took the basket out over his head.

Prisoner's defence. I went to have some tobacco; I know nothing of the man that took the basket.

GUILTY (Aged 21.)

Confined one month in Newgate .

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

Reference Number: t17980418-72

307. WILLIAM MASON was indicted for feloniously stealing, on the 15th of July , twenty-five yards of linen, value 37s. the goods of William and Samuel Holmes .

JOHN COVILLE sworn - The prisoner at the bar was brought into the warehouse by the officers, with a piece of Irish under his arm. I did not see him take it.

GABRIEL JOHNSTON sworn. - I am constable of Farringdon Ward within: On the 15th of July I was sitting in Bread-street, at the ticket-porters bench, about three o'clock in the afternoon; one of the ticket porters that was sitting along with me, asked me if I knew that man that was going on the other side of the way; he told me he was an old thief. The prisoner went down Bread-street ; he turned back, and looked into Mr. Gardner's warehouse, and after that he went into the warehouse, and I saw him come out with this piece of cloth under his arm, (produces it.) He walked down the street; I got off the bench, and ran after him; I took him by the collar, and asked him where he took this from, he told me he did not know where he got it; I asked him what it was, he told me he did not know; then there were several people came about him. I took him into Mr. Gardner's warehouse; Mr. Coville came from out of the accompting-house; I asked him if he had lost any thing.

Court. Q.(To Coville.) Whose property is this? - A. It is the property of William and Samuel Holmes.

Q. Do you know the prisoner? - A. No. I did not see him till he was brought in by the constable.

GUILTY (Aged 65.)

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

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

Reference Number: t17980418-73

308. MOSES KNOTT was indicted for feloniously stealing, on the 10th of February , in the dwelling-house of Richard Davis, a leather purse, value 1d. containing 18 guineas and a sixpence , the property of Henry Gilbert .

HENRY GILBERT sworn. - I am a journeyman coach-harness maker : The prisoner at the bar engaged part of my bed on the 29th of February, at No. 3, Silk-street, Cripplegate Without, by Grub-street , at Richard Davis 's house.

Court. Q. What apartment have you in the house? - A. Only a part of a bed on the second floor; he slept with me that night, and on the Saturday evening he came in as early as seven o'clock, upon the 10th, with a pretence of going to bed; he went up stairs to go to bed, as I thought, and he was there in the room about a quarter of an hour; then he came out of the room, and came down part of the stairs, and called to me, and desired me to get him a pot of beer; I went and got him a pot of beer; when I came back, he was gone. I went and looked at my box, it was forced open, and the money taken out, eighteen guineas and a sixpence; I had seen it about half an hour before; I had taken some money to go to market.

Court. Q. Did any body go into your room? - A. Not after I left it; the prisoner was the only person that went into the room; I saw him lock the door.

Court. Q. Did you find any part of the money afterwards? - A. No. Some person had given him information that I had got this money.

Jury. Q. Did you ever get your purse again? - A.No.

SARAH MORRIS sworn. - Moses Knott and Mary Knott came to my house; I asked them up stairs; they said, where is George; I said, he would not be at home yet; Moses Knott said, I know of a devilish good job, and it will be the making of him if he will come and take it; I know a lodger has got fifty guineas in his box, Mary Knott made answer and said, that will be twenty guineas a-piece.

Court. Q. How long was this before the robbery? - A. This was on the Monday, between five and six o'clock, when I saw them, I don't know

how long they had been looking for me; they had been at my place before, but I was not at home.

Jury. Q.(To Gilbert.) How was it done? - A. The lock was wrenched off.

Jury. Q. Of how many did Davis's family consist? - A.Only his wife and three small children.

For the Prisoner.

THOMAS JENKINS sworn. - I know the prisoner; he is a labouring man; he used to work at the rope-grounds; I have known him five or six years; he is a very honest fellow. He has lived since upon Tower-hill, at the King's Arms.

Q. What are you? - A. A master-salesman. I live at Whitechapel.

STEPHEN DAVIS sworn. - I am a potter. I live in Long-lane, in the Borough, a journeyman.

Court. Q. To whom? - A.(after long hesitation) I only went to work for him last week. I have known the prisoner two or three years, he goes to work in the rope-grounds.

Court. Q. What part did he do? - A. I cannot tell, I never saw him at work. he is a very honest man as far as I know.

GUILTY Death .(Aged 70.)

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

Reference Number: t17980418-74

309. JAMES GRAY was indicted for that he, on the 19th of March , in the King's highway, in and upon James Barrett , did make an assault, putting him in fear, and taking from his person, a pair of spectacles mounted in steel, value 5s. a red morocco case, value 12d. an eye-glass set in mother of pearl, value 4s. a pen-knife with two blades, value 10d. a muslin handkerchief, value 6d. two half crowns and a shilling , the property of the said James.

JAMES BARRETT sworn. - On the 19th of March, between four and five in the afternoon, I was passing along Little St. Martin's lane , when the prisoner at the bar came up, and accosted me with how do you do, and he said he knew me; I was surprised at it, I told him, he was quite a stranger to me, and that I knew nothing of him; he persisted that I did; and I still told him, that I did not; he asked me for something to drink; I told him, as a stranger, I could not think of giving him any thing to drink; he persisted in my giving him something to drink, and forced me away to a gin or liquor shop.

Q. What do you mean by forcing away? - A. He took me against my will.

Q. But how against your will? - A. It was against my will.

Q. Did you make any struggle? - A. I cannot say I did make any struggle, but it was against my will to go; there was him and several others; when I came there, we went into the house, and he called for half a pint of rum; he produced the rum, and drank some of it himself, and some he gave to those people that were in company with him, there were three or four more.

Q. Were they soldiers? - A. Yes. He insisted upon my paying for the rum, for which I paid one shilling; upon which I changed a seven shilling piece, out of which I had two half crowns and a shilling, besides paying a shilling for the rum. When we left that place, I meant to go about my business.

Q. How long did you stay there? - A.Not longer than the liquor was drank. When I came came out, he still persisted in detaining me, and laid hold of me, and persisted in having something more to drink; upon his persisting very violently that he would have something more to drink out of the change I had received, I gave him half a crown, and the other half crown he forced out of my hand; upon that being accomplished, he insisted upon having two guineas more from me; I was very much surprised, and asked him for what; and he insinuated that I knew for what; I told him, I was at a loss to know what he meant, as I was a stranger, and unacquainted with him; then he persisted upon my going to another house, and forced me away to another house, called the Cart-and-Horses, in Little St. Martin's lane.

Q.Were the other people with him all the time? - A.They were. When we came there, he forced me into a box to sit down, and called for a pen and ink and some paper; he then insisted upon my writing an order for two guineas; I told him I would not, and persisted in it; after this, he rifled my pockets of a pocket handkerchief, a pair of spectacles, and an eye-glass, a small pen-knife and a muslin handkerchief; I called out, was I to be robbed and murdered? he then knocked me down upon the bench, I was then upon my legs; after this I had occasion to go into the yard to make water, and he forced me into the necessary, and there he unbuttoned my coat and waistcoat, and turned out my pockets; still the others were with him, and in the street also; and, at the time my pockets were rifled, two or three of them stood to screen him while he was doing it. After he had ransacked my pockets and undone my clothes, he suffered me to come out; he swore he would split my scull and beat out my brains, if I did not give him two guineas. After this, I was forced back into the box from whence I came, in the room, where he told me, after being there but a short space of time, he would take my hat, my shirt and my boots, which I had on at that time. While this happened, a person whom I knew nothing of who happened to be in the room, went to Bow-

street, and gave information there, and they quickly came to my assistance, or else I no not know what would have been the consequence.

Q. At the time the violence was committed upon you in the street, was there any body about? - A. It had rained a little, and there were very few people about; I was very much frightened.

Q. Are you sure that is the man? - A. It is.

Q. Have you any doubt at all? - A. I have not a doubt.

Cross-examined by Mr. Alley. Q. What may you be? - A. I live with Mr. Packhurst, at Maidstone.

Q. Do you mean to say you live there now? - A.No.

Q.Were you his servant? - A. Yes; butler and valet. I have now lodgings in St. Martin's lane.

Q. Where is the gin-shop you speak of? - A. Somewhere in that neighbourhood, but I cannot say the house.

Q. Have you never been in London before? - A. Yes, I have, at various times.

Q. How long is it since you lived in London before? - A. Six months and a half.

Q. Where did you live then? - A. With the present Lord-Mayor.

Q. Were you a servant of the Lord-Mayor's? - A. Yes.

Q. Were you discharged by him? - A. Yes. I was his Lordship's man and butler.

Q. Had you a character from his Lordship? - A. Yes.

Q. This was on the 19th of March, about four o'clock in the afternoon, and was pretty light? - A. Yes.

Q. St. Martin's lane is a very great thoroughfare, is it not? - A. I have been so little there, that I cannot say.

Q. You pass through it every day, do not you? - A. No.

Q. How came you pass through it that day? - A. I was going to Bloomsbury.

Q. Were you alone? - A. Yes.

Q. Do you know a person of the name of Hall, who is an evidence here? - A. I was at St. James's, I went to see the King, and Hall made way for me to stand; and I asked him to drink some beer for his civility, and that is all I know of him, except that he was amongst these people at the time this affair happened.

Q. I thought you said there was nobody there at all that you knew? - A. I was so flurried I did not take notice.

Q. I believe that Hall is a soldier? - A. Yes.

Q. And you happened to take a liking to him, and treated him? - A. It was for his civility, it was in a room with a great many people.

Q. You went to a public-house with him? - A. Yes, in the public tap-room.

Q. Do you remember seeing the Bow-street officers there? - A. I did not know who they were when they came into the room.

Q. Have you had any conversation with them about this business? - A. No.

Q.Upon your oath, has no one told you that putting in fear, and using force, would maintain an indictment for a highway robbery? - A. I do not want any such thing.

Q. You went to treat this man at the gin-shop? - A. Yes; they forced me to go.

Q. Were there not a number of people in the public street at that time? - A. There might.

Q. Did you see the landlord of the liquor-shop? - A. There was a little old woman that could hardly walk.

Q. You had some rum, which the prisoner paid for? - A. No; I paid for it.

Q. Did you, when you got to the public-house, make a complaint to the mistress of the house? - A. No; but I called out, and said, was I to be robbed and murdered; there was only the woman of the house there, and another woman, which I believe was the prisoner's wife, and a man that went for the officer.

Q. Is Hall here? - A. No; he attended at Bow-street, and Sir William Addington said there was no occasion for his attendance.

Q. Did not you meet a number of people from the gin shop to the public-house, to whom you could have told your story, and complained of what had been done to you? - A. I was so much alarmed that I did not.

Q. Upon your oath, was it not in your power to have complained, and had him apprehended? - A. I could have got away from one, but not from three or four.

Q. Could you not, at that time, by calling to the passengers, have extricated yourself? - A. I suppose my fright was the cause of my not doing it.

Q.How many men were there altogether? - A. Three or four, I believe.

Q. One of them was a friend of your's, who went to Bow-street? - A. No; he was a man that came promiscuously into the tap-room while this disagreeable business was going on.

Q. He was a soldier? - A. I believe he was, by his clothes.

Q. How many where there in the public-house? - A.Four, besides the prisoner and the man who went for the officer, he took no notice, but upon hearing me cry out, was I to be robbed, he went away without anybody knowing it, for the officers.

Q. Then there were five altogether? - A. Yes.

Q. One of whom went for the officers, and another of them was Hall? - A. Yes.

Q. And do you mean to say that you could not

have extricated yourself in the public-house? - A. Yes.

Q. Do not you expect a reward of forty pounds, now, if this man is convicted? - A. I have heard of such a thing, but I never was in any trouble.

Q. Do not you expect a share of that reward? - A. I have no expectation of any thing but justice.

CHRISTOPHER JONES sworn. - On the 19 of March last, about five o'clock, a man came to Bow-street, and said, there was a man being ill-used at the Cart-and-Horses; I went in, and saw the prisoner on one side of the prosecutor, I saw the prisoner put his left-hand under the settle; I called for a candle to search him, and I looked under the settle, where I found the spectacles; I asked the prosecutor whether these spectacles were his; he said, yes; but the top was tore off by violence, out of his pocket; I searched him again, and found the top of the case. (Produces it).

Barrett. These are my spectacles and case.

Cross-examined by Mr. Alley. Q. How many people were there in the public house when you went in? - A. I believe about four or five.

Q. How long were you in the room before you spoke? - A.About two minutes.

Q. Then it was not the prosecutor first told you he had been robbed, but you asked who had been robbed? - A. Yes, and he said he had.

Court. Q. Did the prosecutor know you before? - A. No.

ANDREW TAYLOR sworn. - I went with some more of my brother officers, and took this piece of wood, which he threatened to beat the man's brains out with.

Prisoner's defence. On the morning of the 19th, I came off guard, met the prosecutor, and he asked me if I knew a man of the name of Hall; I told him, yes, he was a grenadier, I shewed him to him; he said, he should be very glad to have his company, he had been in his company the night before; he asked me if I had been abroad; I told him, yes; and he said, I was very lucky to come home fase; and he said, he could not then go any where to treat me, but another time he would; in the afternoon I saw Hall and the prosecutor together; I said, I hope I see you well, now, and hope you will give me something to drink, so I asked him to come into my quarters; he said, no, he and Hall were going farther; we went to another house, and be wanted to go backwards in the parlour, and there being no convenient place there, he took us into a gin-shop, and ordered some rum; he pulled out a seven-shilling-piece, and the prosecutor had a glass, and Hall a glass, and another man a glass, and I had two glasses; here, says he, take five shillings, and make no noise about it, and go and drink; Hall said, we will go and drink together, and keep up St. Patrick's-day, and we went to drink at this house, the Cart-and-Houses; he said, he would treat the people to the play; he said, he had got a ticket in his pocket which would accommodate four people for the play; he searched for it and could not find it, and he went out of doors, and pulled down his breeches to search if it was there, and nobody ever touched him at all, and he said he could not find it.

Court. (To Barrett.) Q. Upon your oath, did you ever see this man before you met him in St. Martin's-lane? - A. Upon my oath I never did to my knowledge.

Q. Nor ever had any conversation with him upon the subject of one Hall? - A.Never to my knowledge.

For the Prisoner.

THOMAS HENDERSON sworn. - Examined by Mr. Alley. I am a private in the second regiment of Guards.

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

Q. Do you know the prosecutor? - A. No; I saw him at the Cart-and-Horses, in Little St. Martin's-lane.

Q. When was that? - A. The night the robbery was done.

Q. Who desired you to come here to-day? - A. The prisoner.

Q.Tell us what took place - were there many people in the public-house besides yourself? - A. No; there was myself, and the prisoner, and two more in another box.

Q. How many were there in your company altogether? - A. Another soldier besides myself and the prisoner.

Q.Were you in the street when the prisoner met the prosecutor first? - A. Yes.

Q.Were there many people passing by at that time? - A. Not a great many.

Q. Tell us what took place? - A. I was drinking in company with the prisoner in the public-house, and a soldier and the prosecutor were passing by, and the prisoner went out and spoke to the gentleman; the prisoner asked him if he would give him something to drink, and they went to the public-house, and there was no room to sit down, and then they went to a gin-shop and had half a pint of rum, the gentleman changed a seven-shilling-piece and paid for it; the prisoner asked him if he would go with him to his quarters, to drink some porter with him; he said, he had not time, and he gave the prisoner two half-crowns to drink; the prisoner then asked him if he would go and drink a drop before he went, and then he went and sat down in a little box behind the bar, and the prisoner and the gentleman had a great deal of conversation, that nobody could hear, and the gentleman said, make

no noise, and don't shame me in the house; and then I went backwards, and was no sooner backwards, than the gentleman and the prisoner came backwards; we came in again, and they sat down all three together in the same box.

Q.Did you drink together afterwards? - A. Yes. I saw several articles in the prisoner's hand, what they were I do not know.

Q. How long has he been in the regiment? - A. I have not known him long.

PETER MICKLETON sworn. - I am a serjeant in the regiment: I have known the prisoner two years and a half; previous to that time he was on the Continent. My first knowledge of him was at Warley-camp; he was a clean soldier, and had a good character.

Court. Q.What is his character as an honest man? - A. I cannot particularly speak with regard to his moral character, I am not intimately acquainted with him, not being in the same company; he is in the light infantry company.

JOHN MACDONALD sworn. - I am serjeant in the same company with him; he is a very good clean soldier.

Court. Q. You confine his character to his military capacity, you do not mean to speak to his moral character? - A. I do not know any thing of his moral character.

GUILTY Death . (Aged 23.)

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

Reference Number: t17980418-75

310. FREDERICK MOLYNEUX was indicted for unlawfully, knowingly, and designedly, obtaining from John and William Pilling , the sum of 80l. under false pretences, the monies of John Pilling and William Pilling , against the form of the statute, and against the King's peace .(The indictment was stated by Mr. Alley, and the case opened by Mr. Gurney.)

WILLIAM PILLING sworn. - Examined by Mr. Alley. I am a corn-merchant ; I live in Yorkshire, near Howden; my brother is a partner with me, his name is John.

Q. Do you recollect, at any time, in consequence of having observed an advertisement in one of the Yorkshire public newspapers, of making application for the purpose of borrowing a sum of money? - A. Yes, I do; in the month of July last, 1797.

Q.To whom was it you made application for this money? - A. To G. H. Morris, No. 81, Baker-street, Portland-square.

Give me the answer to the first letter you sent in July? (Letter produced, dated 17th July, 1797, signed G.H. Morris.) Q. After you received this letter, did you write another in return? - A. Yes, I did.

Q. Do you recollect the date of the second letter you wrote? - A. I do not.

Q. Do you recollect renewing an answer to the second letter you wrote? - A. Yes, I do.

Q. Is that the letter that you received? (Letter produced, dated 26th of July, 1797, signed G.H. Morris) - A. Yes.

Q. You wrote another in return? - A. Yes, I did.

Q. In answer to the third letter you wrote, did you receive this letter in return? (Letter produced, dated 3d of August, signed G.H. Morris.) - A. Yes, I did.(Another letter produced, dated Richmond, August 14, 1797.)

Witness. That is in answer to the fourth letter I wrote.(Another letter produced, in answer to the fifth letter the witness wrote, dated 2d of September, 1797).(Another letter produced, in answer to the sixth and last letter the witness wrote, dated the 6th of October, 1797.)

Q. Now, during the course of this correspondence being carried on, did you enclose any draft in any of those letters you directed to G. H. Morris? - A. I did.

Court. Q. In which letter? - A. I cannot precisely tell now, it was in the fourth or fifth letter.

Q.After this correspondence had taken place, and you had sent this draft to G. H. Morris, did you ever receive any sum of money by way of a loan? - A.No, I did not.

THOMAS CARPMEAL sworn. - Examined by Mr. Gurney. Q. Did you go with Mr. Pilling, any time in November last, to No. 81, Baker-street, Portland-square? - A. Yes.

Q. Did you enquire there for a person of the name of G. H. Morris? - A. I did not go to that street, I went to Mount-street, to a public-house.

Q. Did you find the defendant at the bar there? - A. He was standing at the door; he took us up stairs to his room; it was the sign of the Compass. I found in his drawers six letters. (Produces them.)

Q. Was the prisoner present when you searched the drawers and found those letters? - A. He was.

Q. What did he say about the letters? - A. Upon my word I cannot say; he said, he was only agent in the business. There was a ham and a part of a ham found. I took him to Bow-street.

Q.Did any thing attract your notice going to Bow-street? - A. There was a letter thrown by the prisoner into an area; I did not see it.

Q.Did you see any letter drop into the area or not? - A. I did not, I saw a letter in an area.

Q. Have you that letter? - A. I have not; Taylor has it.

Q. You went to Bow-street, who was sitting there? - A. Sir William Addington.

Q. Do you know whether, in point of fact, any regular examination was taken, and signed by the prisoner? - A. I believe not, I think not; there was an examination taken, but I do not know whether he signed it or not.

Q. After this, was the prisoner sent away from that office to be examined at any other side? - A. To Guildhall.

Q.(To Pilling.) Are those the letters you sent yourself, (the letters produced), in answer to the letters you received? - A. Yes.

Court. You cannot prove that the prisoner was the person who sent those letters; you cannot prove them to be the hand-writing of the prisoner, therefore he must be acquitted.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980418-76

311. EDWARD PYBUS was indicted for obtaining, under false pretences, two yards and a half of drab kerseymere, value 25s. the property of Thomas Lermitte .

WILLIAM SMITH sworn. - I am a servant to Mr. Thomas Lermitte: On Thursday the 29th of March, the prisoner came to my master's shop, and said he came from Mr. Wilkie, in Little Britain, and brought a note, which I have now in my hand, for the article mentioned in the indictment. (The note produced.)

Court. Q. Was your master acquainted with Mr. Wilkie? - A. Yes; he was a customer of his; in consequence of that, I let him have the two yards and a half of kerseymere; that is all I have to say.

Court. Q. What might be the value of it? - A. One pound five shillings.

GEORGE WILKIE sworn. - I am a taylor; I know the prisoner at the bar.

Court. Q.Was he ever your apprentice? - A. Yes.

Q.Was he at the time those goods were obtained, your apprentice? - A. No; he was out of his time a twelve-month last Christmas. I gave him no orders to get the kerseymere. (The note shewn him.) I never gave it him; I never saw it till Mr. Lermitte's man shewed it me.

Prisoner's defence. I allow I am guilty; it has been occasioned through bad company since I have been out of my time, and which has brought me to the state I am in now.

Mr. Wilkie. He was a very good apprentice when he lived with me.

GUILTY .

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980418-77

312. EDWARD DAWSON , Esq . and JOHN HALL were indicted, the first, for that he, on the 6th of March , upon the said John Hall did make an assault, and then and there wickedly and diabolically, and against the order of nature, had a venereal affair with the said John Hall, and then and there carnally knew the said John, and committed detestable and abominable crime, among Christians not to be named, called buggery, with him the said John Hall; and that he the said John Hall was consenting with the said Edward, and permitted the said Edward carnally to know the said John, and committed the detestable and abominable crime of buggery .

Both NOT GUILTY .

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17980418-78

313. GEORGE HART was indicted for obstructing William Walton , an Excise-officer , on the 25th of September , while in the execution of his duty .(The indictment was stated by Mr. Knowlys, and the case by Mr. Fielding.)

WILLIAM WALTON sworn. - Examined by Mr. Knowlys. I am an Excise-officer: On the 25th of September I was stationed near Ashford, in the county of Kent; I know the prisoner perfectly well, and he knew me. On the 23d of September, 1795, in consequence of an information I had received, I went to Newchurch in Kent ; I called upon Mr. Thomas Hayward, an officer of Excise, to assist me; we saw a large quantity of unmanufactured tabacco in a cart; I cut open one of the bags, and found it was tobacco; the cart passed me about one in the morning of the 26th; it was a moon-light night; I told Hayward that we should seize it; Mr. Hayward rode the fore horse of the cart, while I went behind, and took a sample from the cart.

Q. What sort of bags were they? - A.Bags about forty pounds weight, the usual bags that are used by smugglers in conveying tobacco. When I rode up, Hayward told me that Hart was taking the reins from the shaft horse; I immediately rode round to prevent him from so doing; a scussle then ensued between us, in which I threw Hart into the hedge; he then sprung from the hedge, and caught me by the collar of the coat, drove me from the horse, and called Waddell to his assistance, and they both fell upon me, and beat me with their sifts; Hart sat upon me, and got his hand twisted in my neck-handkerchief; in that situation I remained insensible, and on recovering myself, I found Hart sitting upon me, with a large drawn knife, he swore that the goods and horses were not given up, and he would murder me. Waddell

came back some time after, with the cart and horses, and they went off.

Q. Were any fire-arms used? - A.Hayward said he had discharged his pistol, but that was while I was insensible.

Q. What rendered you insensible? - A. He strangled him by the neck-handkerchief.

Q. In consequence of the treatment you had received, were you at all ill? - A. I was not able to do my business for a month; I went to a public-house, and called the people up.

Cross-examined by Mr. Raine. Q. Did you know the prisoner before? - A. Yes.

Q.Have you not frequently seen him since? - A.Once or twice.

Q. So that he has not been out of the way? - A. I cannot say that.

Q. He made no resistance, till you made an attack upon him? - A. I made an attack to prevent his unharnessing the horse from the cart, and he held a stick to keep me off.

Q. You were armed, I believe, with a cutlass? - A. Yes, and pistols.

Q. He had no arms? - A. Not to my knowledge.

Mr. Knowlys. Q. You have seen him since - have you seen him in such a situation as that you dared to take him? - A. One of the times we went to his house to take him, and he went away.

THOMAS HAYWARD sworn. - Examined by Mr. Fielding. I am an Excise-officer: I was with Mr. Walton on the night of the 25th of September, 1795; I knew the prisoner before, and he knew me; I staid in the field with the horses; Mr. Walton laid under the hedge, to watch the cart coming; Mr. Walton came to me, and told me the cart was gone by; we went after it; Mr. Walton went behind, and called to me, seize the horses and the cart, for it is loaded with tobacco; I seized it, and Hart was endeavouring to unharness the horse; I called to Mr. Walton, and almost directly Mr. Walton called out for help; I went up, and Waddell and Hart were both upon him; I told them if they did not leave off, I should be under the necessity of firing upon them; Hart said, d-n your eyes and limbs, fire and be d-d, for we have fire-arms as well as you; I then fired, and shot Hart in the hip; upon that Waddell came up to me with a pistol, and snapped it at me; he had a cutlass, which I supposed was taken from Mr. Walton; he said, d-n your eyes, we will soon settle you. Finding we could not do any thing, we gave it up.

Q. You afterwards called out to Mr. Walton? - A. Yes, several times, but he did not answer; I thought he had been dead.

Cross-examined by Mr. Raine. Q. At the time you were almost overpowered, Hart was not with you? - A. No.

Q. Did you see Mr. Walton strike him with a cutlass? - A. No.

Q. You fired at Hart, and hit him? - A. Yes.

Q. You were very near him, were not you? - A.It is very little distance from him.

GUILTY (Aged 28.)

Confined twelve months in the House of Correction .

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

Reference Number: t17980418-79

314. GEORGE HART was again indicted for obstructing, on the 3d of July, 1790 , William Fillery , an Excise-officer , in the execution of his duty .(The indictment was stated by Mr. Knowlys, and the case by Mr. Fielding.)

WILLIAM FILLERY sworn. - Examined by Mr. Knowlys. In the night of the 2d of July, 1790, I went with Mr. Taylor to make a seizure, in consequence of an information; we were to meet two other officers, in the fields between Camberwell and Kennington , where they were to come through; the prisoner Hart and a boy came past with three horses; the boy rode one and led one, and Hart rode the other; they were loaded with bags of tobacco, such bags as are used by smugglers; it was in the middle of the night; I do not know whether the clock had gone twelve or not. I said to Taylor, here they are coming, now we want our companions, but we must do our endeavours to take them if we can; I was laying beside a gatepost, and I jumped up and caught Hart's horse by the bridle; I told him we were officers, knew him perfectly well, and should seize his horses and his tobacco; he then said, d-n your eyes, you are officers are you, you b-s, come up here, and we will give it them, says he, speaking to his boy. Mr. Taylor took hold of the horse's halter that he was leading, and I struck at Hart with my stick; by striking at Hart, I got the bridle into my own possession; I hit him again, over the knee, with my stick, and told him to get off; the boy then coming up to his assistance, struck me on the head, and nearly knocked me down, with a large loaded whip; Hart then cut at me several times with his whip, and as I recovered again, I called to Taylor to help me to get him off the horse; Taylor came up, and fired his pistol at him, behind him; now, you b-s, catch me if you can, says he, and set spurs to his horse, and rode away with one horse, and the boy with the other, leaving one horse and five bags of tobacco in my possession; we then came across the fields, to go to Kennington Common, and then Hart and the boy met us again, with their horses unloaded, and said, now you b-s,

we have you, and swore at us very much; I told him, if he advanced a step further I would shoot him. Taylor was leading the horse, Hart and the boy turned about and rode off, the boy went down by the brick-fields, and Hart went back again; I pursued the boy, the horse with the bags we had tied up to the pales; while I was pursuing the boy, Hart came and cut the bridle, and got the loaded horse away from us; I pursued the boy, he jumped off his horse, and we seized it.

Cross-examined by Mr. Raine. Q.Are you sure he is the man? - A. Yes; I have seen him often and often.

Q. He had no fire-arms? - A. No.

Q. It was the boy that treated you so roughly? - A The boy hit me with a stick.

GUILTY (Aged 28.)

Confined eighteen months in the House of Correction ,

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17980418-80

315. THOMAS MORRIS was indicted for feloniously stealing, on the 3d of October , a silver watch, value 15s. the property of William Brooks , privily from his person .(The case was opened by Mr. Const.

WILLIAM BROOKS sworn. - On Monday the 3d of October, 1796, in the afternoon, I lost my watch, at John Brown's, at the sign of the Rising-sun, at Enfield , the prisoner and his brother were there at the same time: I fell asleep and lost it out of my pocket; I had been asleep about two hours, and being in company with the prisoner, I accused him of it, and he said, he did not know any thing of it; I am sure I had it in my waistcoat pocket when I fell asleep, I slept with my head on the table. About eight months after, I heard that the prisoner had pawned a watch; I went to the pawnbroker's, in Redcross-street, to see it, and there was my watch pawned, in his name, for fifteen shillings.(Jonathan Trott, the constable, produced the watch).

Brooks. This is my watch, it has my name engraved on the back-side.

Court. Q. You did not feel it go from you? - A. No.

Court. Q. Were you perfectly sober? - A. No; I was rather fresh.

JAMES MEAD sworn. - I worked with the prisoner at times, and as he and I were walking up Redcross-street, the prisoner pointed to a pawnbroker's-shop, and said, he had pawned his watch there for fifteen shillings. I mentioned it to my brother, and he mentioned it to Brooks.

JOHN THOMAS sworn. - I am shopman to Benjamin Bottomley , a pawnbroker: I received this watch, on the 4th of October, 1796, in the name of Thomas Morris, of Enfield; I do not know that the prisoner is the man.

JONATHAN TROTT sworn. - On the 16th of June, 1797, I received a warrant to apprehend the prisoner at the bar: I took him at Luton, in Bedfordshire, on the 6th of March.

Prisoner's defence. I went to the privy. and found this watch lying upon the seat, and I came into the house and enquired if any body owned such a thing, and nobody owned it.

GUILTY (Aged 34.)

Of stealing, but not privily from his person .

Transported for seven years .

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

Reference Number: t17980418-81

316. ISAAC MORSE was indicted for feloniously receiving, on the 29th of August , two pieces of printed muslin, value 40s. the property of Benjamin Bailey , and George Sutherland , part of the goods of which George Johnson was, at the last Assizes for the County of Surrey, convicted of stealing, he the said Isaac knowing them to have been stolen .(The case was opened by Mr. Knowlys).(George- Henry Wilton produced an office-copy of the record, which was read).

BENJAMIN BAILEY sworn. - Examined by Mr. Knapp. I am in partnership with George Sutherland, at Carshalton, in Surry: We lost muslins, cottons, and dimities, from our bleaching-grounds, in August last.

Q.Were they put there for the purpose of bleaching? - A. They were.

Q. Have you seen some muslin that was produced in Surry, and that is now in Court? - A. Yes; that muslin is my property.

JOHN LARBY sworn. - Examined by Mr. Knowlys.

Q. You were formerly a servant of Messrs. Bailey and Sutherland? - A. Yes: On Saturday night, the 26th of August, Johnson and I went down to commit the robbery; we went through the water, the grounds are by the water-side, and he desired me to bring some goods out, and he would stay there and watch; I went in, and brought out an armfull; then he and I both went in, and brought out more; we went to the stable and harnessed the horse and cart, and brought them to town. I lived then in Parson's-walk, Newington-butts; we hid them in a field, in a sack, in a ditch, except two pieces; we took them, about one or two o'clock in the day, to Isaac Morse's, he was not at home; when he came home, I asked him what he would give for it; he said, he would give a guinea and a half, a few shillings more or less; I told him we had got some more for him that was in a field. I went to

Johnson, and gave him half of the guinea and a half.

Q.What was the quantity he had for a guinea and a half? - A. Two pieces of printed muslin; we got the rest away from the field, except twelve pieces, on the Monday in a coach; we took them to Bunhill-row, and the next day took them to Morse's he gave us eight guineas for them; the next day he told me he did not like to buy any more at his own house, if I would bring him any more, to bring them to the King's-head, or Queen's-head, in Old-street, he would buy some more; Robert Griffiths, and he and I, went there, we went into the parlour, there was nobody there but ourselves, and a little girl that brought us in some liquor.

Q. What was it you got for that parcel? - A. I think, a guinea and a half.

Cross-examined by Mr. Gurney. Q. You had lived servant with Messrs. Bailey and Sutherland? - A. Yes.

Q. You were the author of this scheme of going to rob your masters? - A. No; I was ready to go as well as Johnson.

Q. You yourself were afterwards taken up? - A. Yes.

Q. You escaped from the jail? - A. Yes.

Q. You began to think you should be hanged for the offence? - A. Yes.

Q. And then you accused Morse of receiving these goods? - A. Yes.

CATHERINE JOHNSON sworn. - Examined by Mr. Knapp. I keep the King's-head, in Hoxton-square.

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

Q. Do you remember when he was at your house? - A. No.

Q. Do you know who was with him? - A. No; there were two men came with him and went into the parlour, and staid about half and hour.

Q. Had they any thing with them? - A They had something tied up in a handkerchief.

Q. Did they go away together? - A. I believe they did.

Q. Should you know either of the other two men if you saw them? - A. No.

Q. How long was this before Morse was taken up? - A. I cannot tell.

Cross-examined by Mr. Gurney. Q.You were at the public-office in Worship-street when the prisoner was examined? - A. Yes.

Q. Was a man of the name of Johnson shown you there? - A. Yes.

Q. Was he one of the men that came to your house? - A. I am certain, to my knowledge, that he was not.

Q.Look at Larby, will you swear that he was one of them? - A. I do not remember that I ever saw him before this time.

HANNAH CHAPMAN sworn. - I have known the prisoner eleven or twelve years, he was taken up at my house; he had only slept one night at my house in the Hackney-road; the prisoner lives in King's-gate-court, Shoreditch.

Q. In what name did he come to your house? - A.Isaac Morse.

Q. Had you any directions from him what name you were to call him by? - A. I had not.

Q. How came he to sleep at your house? - A. His wife was lying-in, she was delivered two days before.

Q. Were there any muslins taken from your house? - A. Yes, there were.

Q. Who brought those muslins to your house? - A.Morse; he said, he had been swapping for it, and he made me a present of that piece that was found at my house.

Q. Did you shew it to anybody? - A. Yes; I shewed it to Mrs. M'Gregor.

Cross-examined by Mr. Alley. Q. How long had Mrs. M' Gregor that piece in her possession? - A. About ten minutes, or a quarter of an hour.

Court. Q. Did she take it out of your house? - A. I gave it her over the garden pales, and she took it into her own house.

SARAH M'GREGOR sworn. - Examined by Mr. Knapp. Mrs. Chapman gave me a piece of muslin, I had it about ten minutes, I gave it to my husband, and my husband gave it me again, and I gave it back to Mrs. Chapman.

JOHN M'GREGOR sworn. - Examined by Mr. Knapp. I am an accomptant at the Pelican-office: Mrs. M'Gregor gave me a piece of muslin, which I had in my possession about ten minutes.

Q. The same muslin that you received from your wife; did you return it to her again? - A. I did.

JOHN ARMSTRONG sworn. - I am one of the officers of Worship-street: I went to Mrs. Chapman's with a warrant, I pushed in at the back-parlour, forced the door open, and saw the prisoner in the attitude of jumping out of the window, and I secured him; I found this muslin under the bed.(Produces it).

Bailey. I can swear to this muslin, from its being in an unfinished state, all the colours are not put into it; it is worth about three or four guineas.

ELIZABETH LARBY sworn. - Examined by Mr. Knapp. I saw the prisoner at Griffiths's house in Bunhill-row, my husband sent me there; I told him that he had sent me there to desire them to remove the things, as he was taken into custody; Morse said, they would remove them as soon as they could; he was talking about buying the things, and he said, he had not wherewith to buy them at that time; I understood from Griffiths, in the hearing of the prisoner, that he had bought some things of my husband the night before.

Cross-examined by Mr. Alley. Q.You are the wife of the accomplice? - A. Yes.

Q. And you know you assist in saving him by your evidence? - A. Yes.

The prisoner left his defence to his Counsel, and called five witnesses, who gave him an excellent character. There were a great many other who were not examined.

GUILTY .

Transported for fourteen years .

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

Reference Number: t17980418-82

317. THOMAS EVANS was indicted for feloniously stealing, on the 21st of February , two leather bags, value 25. the property of our Sovereign Lord the King .(The case was opened by Mr. Fielding.)

WILLIAM HEWETT sworn. - Examined by Mr. Abbot. I live with the master of the Fox public-house at Knightsbridge , it is a receiving-house for Penny-post-letters, they are always brought of an evening by some of the Mail-coaches: On the 21st of February, the Mail-coach came up about a quarter before nine, I saw the guard throw a pair of bags down from the coach, I went to pick them up, and there were some soldiers coming by, one of them kicked the bags away from me just as I had got hold of it, it was kicked from my hand, and then he picked it up, and ran away; I followed him, and he turned round and knocked me down, I got up and lost sight of him just as he was going into the barracks at Knightsbridge. I should not rightly know the man again, because it was dark.

Q. Have these bags usually any mark upon them? - A. Yes, Brompton and Chelsea.

JOSEPH TROTMAN sworn. - Do you know the prisoner at the bar? - A. Yes. Q. Do you recollect having seen him on the 21st of February last? - A. Yes; we were drinking together at the Nag's-head, at Knightsbridge, we came away between eight and nine in the evening to go to the Barracks; as we were coming past the Fox public-house, I saw the prisoner pick up the bags on the foot-path, and run off with them.

Court. Q.Did you see the bags at that time? - A. No.

JAMES SUMMERS sworn. - I am a letter-carrier to Chelsea, (produces the bags); I received them from the serjeant at the Barracks.

- CLATTON sworn. - I took two bags from the prisoner on the 22d of February, in the morning, I cannot swear that these are the bags, I gave them to the serjeant-major, Lee.

Q.(To Summers.) Where did you get these bags? - A. From serjeant-major Lee.

THOMAS HOLLIDAY sworn. - Examined by Mr. Abbot. I am drummer in the same regiment with the prisoner: I got up about half past five, to beat my drum about a quarter before six in the morning of the 22d of February, I slept in the next bed to the prisoner; I saw him rise up and take two bags from under him.

Q.Did you see him open those bags? - A. Yes; they contained letters; I read the direction of one, says I, this is a penny post letter, directed to Knightsbridge. They had got brass labels upon them, one Chelsea, and the other Brompton.

Prisoner's defence. I was coming along and picked them up, I did not see any body near, I was very much in liquor.

- GOLDSMITH sworn. - I slept in the same barracks with the prisoner; he gave the bags to me in the morning, and desired me to take them to the Post-Office, he thought they belonged there; that was between six and seven o'clock.

Mr. Abbot. Q.Before or after the bags were opened? - A. After. GUILTY .

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

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

Reference Number: t17980418-83

318. FRANCIS PAYNE was indicted for feloniously stealing, on the 20th of March , thirty-eight pounds of cheese, value 14s. the property of Thomas Blunt .

MARY BLUNT sworn. - I am the wife of Thomas Blunt, cheesemonger , No. 13, High Holborn : On Tuesday, the 20th of March, a little after nine o'clock at night, a man came in for a quarter of a pound of cheese, and another came in and asked for a penny worth of cheese, and then the prisoner at the bar came in behind the other man, I took notice of him particularly; he stopped and said, d-n me, I will have it; I saw him take it, and he went away with it. I went out and called a watchman, and he went after him and took him immediately.

Prisoner's defence. I was coming down Holborn, and the watchman knocked me down; I do not know any thing about the cheese.

GUILTY (Aged 22.)

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

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

Reference Number: t17980418-84

319. DENNIS CARTY was indicted for feloniously stealing, on the 19th of February , twenty pounds of old iron hoops, value 1s. 6d. the property of Richard Meux the elder, Richard Meux the younger, Andrew Read , John Read , Henry Meux and Thomas Meux .

JOHN MASON sworn. - I am clerk to Messrs. Meux and Co.: On the 19th of February, between

twelve and one at noon, I saw the prisoner coming across the yard, I promiscuously struck my hand against his pocket, and I hurt my hand; I found it was iron, I took him to the accompting-house, and sent for an officer; and found several pieces of iron hoops in his pocket, sixteen guineas and two half-guineas, that I do not know any thing about. He has worked for Mr. Meux between two and three years, in the capacity of a bricklayers' labourer .

WILLIAM CHAPMAN sworn. - I am an officer.(Produces the iron.)

Q.(To Watson.) is that your master's iron? - A. I cannot possibly say, we have such quantities that it is impossible to miss it.

NOT GUILTY .

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

Reference Number: t17980418-85

320. GEORGE BIRD , JOHN CHAMBERS , and JOHN ANNIS , were indicted, the two first for feloniously stealing, on the 23d of October , forty pounds weight of raw sugar, value 20s. the property of Robert Milligan and David Mitchell, in a ship called the Bushey Park .

Second Count. Laying it to be the property of Roderick Morrison .

Third Count. Laying it to be the property of certain persons unknown, and Annis for receiving the same, knowing it to have been stolen .(The indictment was stated by Mr. Jackson, and the case by Mr. Fielding.)

JOHN BRANHAM sworn. - Examined by Mr. Knowlys. I am a waterman, I know the ship Bushey Park; in October last, the lay off Wapping New-Stairs , on the Middlesex side of the river: Between the 23d and 25th of October, I saw Bird and Chambers, Bird is a lumper, and Chambers a waterman; I saw Bird hand three bags of sugar, separately, over the starboard bow of the Bushey Park, to Chambers, who carried it to Mr. Annis's house, the Black Boy, Wapping New-Stairs.

Q. Did Bird go to Annis's house with Chambers? - A. No; Wolse was waiting for him to receive the sugars; he was in at Annis's house waiting to sell the sugar; they were never in the house five minutes before they were carried out by a porter.

Q. Then Wolse received them, and not Annis? - A. No.

Cross-examined by Mr. Alley. Q. Where were you standing when you saw these men handing, as you call it, the sugar over the bow? - A. I was not standing any where, I was rowing in my boat.

Q. Which side of the ship were you on? - A. Neither side, I was coming across her bow.

Q. When was it you first gave any information upon this business? - A. In the month of November.

Q. That is near two months after? - A. No, I gave the information to a gentleman, who acquainted Mr. Colquhoun of the business.

Q. When was Bird taken up? - A. I took him up when there was opportunity for it, I believe it was in November.

Q.Will you swear he was taken up before January? - A. It might be January, I cannot say.

Q. What time in November was it you gave this information? - A. I believe it was the 22d of November.

Q. That was the first information you gave? - A. Yes, about Bird.

Q. Do you recollect being at the Magistrate's office on the first of January? - A. Yes.

Q. Do you recollect seeing Bird there at that time? - A. No; I saw him at the public-house, the next door; we went up to get a warrant for him, and when we came down again, he was gone.

Q. Did he not call you an informer or a stag in that house? - A. No.

Q. Will you swear that you did not pull his hat off, and he called you an informer of a stag? - A. No.

Q. Did you see him afterwards? - A. We did not get a warrant because we would not give any alarm; Mr. Colquhoun's office was full of gentlemen about other business.

Q. Did not you frequently, afterwards, see him? - A. No, I saw him on Sunday, two or three weeks after, at Mr. Carron's house.

Q. Did not he ask you to drink with him? - A. Yes; and I said, no, I would not drink with a thief.

Q. Did he not call you an informer? - A. No.

Q. Did you ever apply for a warrant from the time you saw him at Mr. Colquhoun's office till you took him into custody? - A. No, I never did.

Q.Chambers and you belonged to the same boat society? - A. I do not know what you mean by the boat society.

Q. The society for repairing boats? - A. I paid in my three halfpence or two-pence a week.

Q. You never gave any information till after the ship was loaded? - A. I do not know whether she was gone before Bird was taken or not.

Q. Do you mean to swear that you never saw him but that once between the time that you saw him at Mr. Colquhoun's office and the time he was taken up? - A. Yes.

Q. Were you never a runner at a Public Office at any time? - A. Never in my life.

Q.Were you never a runner at Mr. Staples's office? - A.Never. When Mr. Staples wanted me to take him any where, I took him in my boat.

Q. Do you not receive pay at this moment from some people, in consequence of informations that you have given? - A. I have subsistence money.

Q. Do you not receive sixteen shillings a week? - A. No; sometimes one thing, and sometimes another; it does not concern you how I subsist.

Court. Q.Tell the Jury what is a lumper? - A. A man that goes on board a ship to work a cargo. The master lumpers are employed by the captain of the vessel.(A clerk proved the names of Messrs. Milligan and Mitchell.)

Bird's defence. I was not in the ship.

Chamber's defence. What he says is as false as God is true.

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

Mr. Knapp. (To Branham). Q. What is your line of business? - A. A waterman.

Q. And what else? - A.Nothing else.

Q. Are not you a constable belonging to the Justices' Office now? - A. No.

Q. Have you always been a waterman? - A. Yes, always.

Q.Were you ever a Custom-House officer? - A. Yes, a Custom-House waterman.

Q. How long have you been employed by the Custom-House? - A. Some months.

Q. How came you to be unemployed? - A One of them was a rogue, I seized some sugar from him, and I gave him bad language, and was discharged.

Q. Have you ever been on board a tender? - A. Yes, and found two men.

Q. And then you were released from the tender? - A. Yes.

Q. What did you go on board the tender for? - A. Because I was a deserter from a King's ship; I came away in the year 1780, and in the year 1790 I was taken up by proclamation.

Bird, GUILTY (Aged 40.)

Chambers, GUILTY (Aged 33.)

Transported for seven years .

Annis, NOT GUILTY .

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

Reference Number: t17980418-86

321. JAMES FLOWERS and JOHN COULTHURST were indicted, the first for feloniously stealing, on the 20th of September , 500 pounds weight of raw sugar, value 61. the property of George Bailey and Robert Lang , in a certain ship called the Prince, then lying upon the navigable river Thames .

Second Count. Laying it to be the property of William Sime .

Third Count. Laying it to be the property of persons unknown.

And John Coulthurst for feloniously receiving the same goods, knowing them to have been stolen .(The indictment was stated by Mr. Jackson, and the case opened by Mr. Fielding.)

JAMES SPICER sworn. - Examined by Mr. Knowlys. I am a waterman.

Q. Do you remember the ship called the Prince? - A. Yes; she was lying in Gun-dock tier, near Wapping New-stairs .

Q. Is that on the Middlesex side of the river? - A. Yes.

Q. Do you know the prisoner Flowers? - A. Yes; I saw him and two more in a boat, between three and five in the morning, about the 20th of September; I saw them go to the bows and take some bags of sugar, and deliver them out at Mr. Wade's back-door.

Q. What is Flowers? - A. A waterman.

Q.How far is Mr. Wade's back door from where the ship was lying? - A. It might be forty of fifty yards.

Q. What sort of bags were they? - A. Black bags; I saw the two Marshalls take the bags into Mr. Wade's permises.

Q. Do you know the prisoner Coulthurst? - A. Yes; he lives almost opposite to it, just across the way; I saw flowers and the other two carry the sugar over, and deliver it to Mr. Coulthurst, I saw it put down upon the premises, I saw him come to the door once, I did not see him take in the sugar, it was while the sugar was being taken in.

Q. What quantity of sugar do you think there might be, from the appearance of the bags? - A. About a ton and a half.

Q. Are Mr. Wade's premises open by night? - A. No; only they lived in those premises, and let them through.

Q. How long did you stay there? - A.Flowers came to me at twelve at night; I had the watch of the boats that night that carry the people to and fro; Flowers desired me to set in my boat, and if I saw any body coming, to holloa; and we had some grog to drink.

Q. Where was that from? - A.From Marshall's premises; I cannot say who got out.

Q. Was all the sugar taken into Coulthurst's shop? - A. Yes; except Marshall had a pan filled out of one of the bags about a quarter of an hundred.

Q. You have not seen the other two men since? - A. No.

Cross-examined by Mr. Garrow. Q. You were a man in trust upon this occasion - you were employed to prevent pillage? - A. I had the watch.

Q. Who were you employed by as a watchman? - A. I am not employed by any body; we had a club to carry people over the water, and take care of the boats at night.

Q.You were desired by somebody, who wanted to

rob the ships, to call out, and give him notice if any body came? - A. I did not know what they were going upon.

Q. Was it that day or the next day that you went to state this to a Magistrate? - A. It was not for some time afterwards.

Q. Not for a week perhaps? - A. A month afterwards; I did not go at all till I was sent for.

Q. Was it a month, are you sure? - A. It might be two or three months after.

Q. I think you cannot help us to the day of the month? - A.Not exactly; it was of a Wednesday morning.

Q. Can you tell in what month you were sent for to the Justice's? - A. February.

Q.These people were not taken up upon your information, but upon that of a person of the name of Branham? - A. Yes.

Q.After Branham had given some information, you were sent for? - A. They summoned me.

Q. You were not acquainted with a quarrel between Branham and these people? - A. No.

Q.Upon your oath, have you not heard Branham himself say that he had had a quarrel with Flowers, and he would be revenged? - A. I did not.

Q. You have no reason to believe there has been any spleen between these people and Branham? - A. No.

Q. How long had Branham been discharged from the Custom house? - A. I cannot say.

Q. How long after he had run away with one of the King's cutters? - A. I cannot say.

Q. You never gave any hint to any body about this, till you were summoned before a Justice of the Peace? - A. No, I did not.

Q. You are one of the boat-club? - A. Yes.

Q. And you still state that you have no knowledge of any quarrel between Branham and those persons? - A. I do not.

Q. There were several other persons charged with offences of this sort? - A. Yes.

Q. Do not you know that Flowers was attending, day by day, out of curiosity, to hear the examination of other persons, and quarrelling with Branham? - A. He might for any thing I know, but I can't say.

Court. Q. Was there any body with you that night in your boat? - A. No.

Court. Q. Was Branham with you? - A. No.

Q. And you told nobody of this till you came before Justice Staples, three months after? - A. No.

Mr. Garrow. Q. The boat club is a club of persons who associate for the purpose of contributing to repair damages that happen by accidents? - A. I do not belong to that club.

Q. Do not you know he quarrelled with Branham, because he voted that he should not be allowed the repairs of his boat? - A. No.

CHRISTOPHER MARSHALL sworn. - Examined by Mr. Jackson. I am a sail-maker: On the 20th of September, I lodged at Mr. Wade's, the block-maker's, I was employed by the prisoner Flowers; between four and five in the morning he told me he had some business to do, which I took to be a smuggling business, he did not say it was; he came to me with three others unknown to me, and brought a quantity of black bags, the number uncertain, they appeared to be filled with something; one of the bags Flowers opened and gave me a handful of sugar out.

Q. Did you comply with his request to receive them upon Mr. Wade's premises? - A. I did; there were myself, and Flowers, and three others unknown to me.

Q. What became of the sugar afterwards? - A. it was carried through Mr. Wade's premises; but I do not know where they were taken to.

Court. Q. Did the parties come through your premises again? - A.No; I gave half the sugar that I had to the foreman, Mr. Phillips; Spicer was there.

Q. Did you hear any person give directions where the sugar should be taken to? - A.No.

Cross-examined by Mr. Knapp. Q. You were unfortunate enough to be taken up for this yourself? - A. Yes.

Q. How long after this business took place? - A. I was taken up in February.

Q. So that from September to February you gave no account of this business, and then no till you were taken up? - A. No.

ADAM MARSHALL sworn. - Examined by Mr. Fielding. Q.Do you remember when your brother and Flowers were in Mr. Wade's house with Spicer? - A. I lived with my brother at Mr. Wade's as a lodger, I do not remenber seeing Spicer there, I saw Flowers in the shop on the 23d of September; I know it was the23d, because my birth-day was the 27th.

Mr. Garrow. That must apply to another offence.

Court. Q. What day of the week was it? - A.Saturday.

Mr. Fielding. Q. Were you there on the Wednesday? - A. No.

Q. Were you there no other time except the 23d? - A.No.

NICHOLAS PLAYER PHILLIPS sworn. - Examined by Mr. Fielding. I was foreman to Mr. Wade.

Q. Do you know Flowers, and Spicer, and Marshall? - A. Yes.

Q. Do you remember, any time in September,

seeing them upon the premises of Mr. Wade? - A. I remember seeing Flowers, and Christopher Marshall , and three other men, in the shop; Adam Marshall was not there; I cannot say the day of the month, or of the week, it was about six o'clock in the morning.

Q.What was Flowers doing with the other men? - A. I was intrusted with the key of the premises of Mr. Wade, and upon my putting the key to the door, it was opened for me; I then said to Flowers, what pretty works are going on here; he told me to hold my tongue; I told him I should not, as I thought it was very cruel for such proceedings to be going on and Mr. Wade to know nothing of it.

Q. What was it that was going on? - A. I saw, on entering the premises, several bags, I saw in one of the bags sugar; I said, I thought Mr. Wade was liable to be exchequered for the things being upon his premises; he told me there was no fear, he could cover it in half an hour; I unscrewed the first shutter of the window with an intention to take the shop-shutters down; he said, not to take them down; I told him I should, as I would not be hindered from my business by any person; on recollecting myself, I thought some person going by might recollect this sugar on the premises, it might be seized, and the expences fall upon Mr. Wade, and I did not take the shutters down till they had taken them to Coulthurst's, which is very nearly opposite; I saw some of the bags taken there, I cannot say that I saw them all taken to Coulthurst's.

Court. Did you observe who received them at Coulthurst's house? - A. No, I did not.

Q. What part of Coulthurst's house was open? - A. They went in at the front-door from the street.

Q. Did you, during any part of the transaction, happen to see Coulthurst himself? - A. I did not.

Court. Q. At the time you saw Coulthurst's door open, was it at a time when the shop was open for the fair conduct of the business? - A. No; it was about five o'clock in the morning, it was not quite day-light.

Q. Do you remember there being any thing to drink? - A. Yes; during the interval, Flowers said to Marshall, make another pot of grog, which Marshall did, and offered it to me; I said, no, I should not drink grog at five o'clock in the morning; Spicer was outside of the door, and it was given to him; Flowers, and some one, returned afterwards for their hats.

Cross-examined by Mr. Alley. Q. How long is it since this took place? - A. In September, six or seven months back.

Q. I take for granted, as you had seen this transaction yourself, you immediately gave information to a Magistrate? - A. I did not.

Q.How long was it before you went to the Magistrate? - A. Not till February.

Q. I believe you did not go voluntarily? - A. Yes I did; I understood there was a summons, but I did not receive it.

HENRY WILKIE sworn. - Examined by Mr. Fielding. Q. Do you know Mr. Coulthurst? - A. Yes; I am a watchman in his neighbourhood, he is a grocer.

Q. Do you remember, any time in September last, seeing any body go into Coulthurst's shop, about four or five o'clock in the morning? - A. To the best of my knowledge, about the 16th of October.

Court. Q. Recollect, as well as you can, and ascertain what the day was; can you recollect any thing that passed upon Wednesday the 20th of September? - A. To the best of my recollection, what I saw was the 16th of October.

Mr. Fielding. Q. About a month before that, do you recollect any thing? - A. It was about two months before Christmas.

Mr. Garrow. Q. It was not before Michaelmas, was it? - A. No.

Mr. Fielding. Q. Look at Flowers, do you know him? - A. Yes, perfectly well.

Court. You cannot splice two offences together to constitute one; but as to the circumstance to see whether this man is not correct as to the day, you may examine him.

Q. Was Spicer there? - A. I did not see Spicer there; I cannot say what was in the bags, nor who the men were.

ROBERT KERR sworn. - Examined by Mr. Knowlys. I am clerk to George Bailey and Robert Lang, West-India merchants, they are the owners of the ship Prince, the captain's name is William Syme ; she was laden with sugar, coffee, and cotton.

The prisoner Flowers called six, and Coulthurst four witnesses, who gave them an excellent character.

WILLIAM WICKHAM sworn. - Examined by Mr. Knapp. I am a Custom-house-officer; I know the Prince, I was on board of her.

Q. Do you know when she was cleared out? - A. Yes, on the 19th of September; she was cleared inward.

Cross-examined by Mr. Fielding. Q. When were you on board? - A. The 19th of September.

Q. You did not go down to see if there was any sugar left in the hold? - A. My people did.

Court. Q.Have you got your book here? - A. Yes, (produces it, and reads): the Prince, William Syme, St. Vincent's, left nothing on board the ship, 19th of September.

Court. Q.When did you make these entries? - A.From day to day.

Q.They were not all written at the same time? - A. They were wrote by me on the different days.

Q.What day of the week was the 19th of September? - A. That I cannot tell.

Mr. Knapp. Q. Is that book furnished to you by the Board of Customs? - A. Yes; as a memorandum-book.

Court. Q. Do you make these entries from your own knowledge, or from the report of those under you? - A. From both, as near as we can.

Mr. Knapp. Q. When did you quit the ship? - A. On that day; we copy this memorandum-book into a large book, and after the memorandum-book is wore out in the pocket we get a fresh one.

Mr. Knapp. Q. If there had been any sugar on board, should not you have seized it on that day? - A. Certainly.

Mr. Fielding. Q. You know Flowers, I take it for granted? - A. No, I do not.

CHARLES NICHOLS sworn. - Examined by Mr. Alley. I am one of the surveyors of the Customs.

Q. Do you recollect being put on board the ship Prince, to watch what went forward? - A. I cleared the Prince, she was cleared out on the 19th of September; I left the ship the same day with Wickham.

Court. Q. Do you know what day of the week it was? - A. I cannot say.

Mr. Fielding. Q. When was it you were applied to to attend here? - A. This morning.

Q. And not before? - A. No.

Both NOT GUILTY .

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17980418-87

322. JAMES FLOWERS and JOHN COULTHURST were again indicted, the first for feloniously stealing, on the 30th of October , ninety pounds weight of sugar, value 30s. the property of Robert Milligan and David Mitchell .

Second Count. For stealing like goods, the property of Roderick Morrison .

Third Count. For stealing like goods, the property of certain persons unknown.

And John Coulthurst for receiving the same goods knowing them to have been stolen .(The indictment was stated by Mr. Jackson, and the case by Mr. Fielding.)

JOHN BRANHAM sworn. - Examined by Mr. Knowlys. I am a waterman.

Q. Do you know the Bushey Park? - A. Yes; she lay off Wapping New-stairs, in the county of Middlesex .

Q. What is Flowers? - A. A waterman: On or about the 30th of October, between three and four o'clock in the morning, I observed Flowers, George Lediard , and William Turtle, come from the Bushey Park in Flower's own boat, with several bags, they rowed under Mr. Wade's, the block-maker's wharf; I put my sculls into my boat, and, as if I was going to work, I went into my boat, and rowed round the tiers, and staid there sometime, to the amount of half an hour; I saw Flowers, Lediard, and Turtle, go out of Flowers's boat, that they had the sugar the first time in Turtle's boat; then they went to the Bushey Park again along side the starboard quarter, Flowers went out of the boat, Lediard and Turtle staid in her; then Flowers came out of the Bushey Park over the lighter into his boat, and there he received the bags of sugar from the others as they handed them out; then they rowed round Mr. Wade's wharf as far as they could, they took a bench out Charley Faulkner's boat and put it on the mud for them to walk upon, and carried the bags up upon their backs to Mr. Wade's wharf again. Then I rowed my boat to Mr. Forrester's, a boat-builder, and made her fast to the stairs.

Q. How far is that from Mr. Wade's and Coulthurst's? - A. I suppose about thirty or forty yards; Mr. Coulthurst's is about seven or eight yards from Mr. Wade's, just across the way. While I was standing at Mr. Forrester's, I saw nothing, I only heard doors open and shut; I then walked up towards the watchman's box and back again, and then I saw, to the best of my knowledge, young Marshall open Mr. Wade's door; as soon as Mr. Wade's door was open, Mr. Coulthurst came and opened his own door, I knew him perfectly well; I saw Lediard come out with a bag of sugar, and Turtle followed with another; then I walked back as far as Wapping New-Stairs again; as I was coming, I met Wilkie, a watchman. In about ten minutes or a quarter of an hour I saw the same happen again, Lediard and Turtle, each of them, took a bag of sugar into Coulthurst's house: in about ten minutes I saw Flowers, with a brown jacket on, go into Coulthurst's.

Q.Had he any bag? - A. No. Then I looked through the key-hole and saw them weighing sugar. About seven o'clock in the morning, Turtle was washing one of his boats, and I was washing mine, I went up to Flowers's own boat, the boat he came first ashore in, and in Flowers's boat I took up almost a handful of sugar.

Q. What quantity of sugar do you think there might be? - A. I suppose about three quarters of a hundred in each bag; I suppose about two tons altogether.

Cross-examined by Mr. Garrow. Q. You heard all that was stated by the Counsel to the Jury? - A. Yes.

Q. You did not hear him desire you to go out, I dare say? - A. I did not.

Q. You say this was about the 30th? - A. Yes.

Q. How long was that after you had had a quarrel with Flowers? - A. I had not had a quarrel with Flowers for eight or nine years to my knowledge.

Q. It is a thing you cannot have forgot; to the best of your recollection, you have had no quarrel with Flowers for eight or nine years? - A. No.

Q. How long before the 30th of October had any misfortune happened to your boat? - A. My boat was stove in December.

Q. Were you a member of the boat club? - A. I was.

Q. Did you make any application to the club to make good your loss upon your boat being stove? - A. I did.

Q. Did Flowers and others object to that? - A. I do not know but what he might.

Court. Q. Did he or did he not? - A. Yes, he did.

Mr. Garrow. Q. Upon your oath, in consequence of his objecting, did not the club refuse to reimburse your loss, upon the ground that it was wilfully done? - A. They did.

Q.What did you claim? - A. Nothing.

Q. What did you expect? - A.Nothing; I expected the boat-builder was to be paid.

Q. Be cautious how you answer my next question-upon your oath, upon that refusal of the club, at the desire of Flowers, the prisoner, did not you state that you would be revenged of him for that act? - A. No such thing; I know Flowers to be a very bad man.

Q. You never expressed any resentment against him for advising the club not to make good your loss? - A. I never did to my knowledge.

Q. Will you swear it positively? - A. I will.

Q. You never made use of any expression of resentment at him, on account of the club's refusing you? - A. I never did.

Q. How near is Coulthurst's to the watchman? - A. About that distance that you could shoot a marble into it.

Q. You told him, doubtless, what was going forward, and desired him to watch these people? - A. No, we had no conversation at all, only how do you do, and how do you do.

Q. You knew all these people perfectly well, not only by sight, but by name? - A.Very few of them but what I have taken goods for.

Q. How soon after this 30th of October, had you any occasion to go to Mr. Staples's office? - A. I do not know.

Q. In the course of a week? - A. I cannot say, it might be the 2d of November, I dare say it was somewhere thereabouts.

Q. Do you mean to swear that you believe you gave any information at Mr. Staples's office on the 2d of November? - A. I went as soon as I acquainted the West-India merchants of it.

Q.Look at these gentlemen, and tell me, upon your oath, if you gave any information in any part of the month of November? - A. I gave information at Mr. Staples's as soon as ever I spoke to my friends, and Mr. Coome came about it; I did not retain such matters as them.

Q. Upon your oath, did you give any information even in the month of December? - A. I do not recollect.

Q. Will you swear that you gave any information even before Christmas? - A. Yes, I think I did.

Q. Are you sure you did before Christmas? - A. These are matters I cannot answer.

Q. Then I must strike out before Christmas? - A. I do not know about striking out.

Q. Upon your oath, do you believe you gave any information before New-year's day? - A. Yes, I do, I made no memorandum of it.

Q. Will you swear you did? - A. No, I will not.

Q. Will you swear you believe you did? - A. To the best of my knowledge.

Q. Will you swear positively that you did before the 13th of January? - A. I will, to the best of my knowledge.

Q. Take your time and consider? - A. I cannot consider.

Q. Upon your oath, will you venture to swear, that during any part of the month of January, you gave information? - A. I think I did, the 2d of January, and they were apprehended on the 22d of January.

Q. Do you mean to represent that you gave information three weeks before they were apprehended? - A.They were not in the way to be apprehended.

Q. There were some other persons examined before either Flowers or Coulthurst were taken into custody? - A.There were.

Q. Did you attend those examinations? - A. Yes.

Q. Against other persons? - A. Yes, before Mr. Colquhoun, for those that were at Kingston, and before Mr. Staples for these.

Q.Upon your oath, do not you know the prisoner Flowers attended several of those examinations before Mr. Colquhoun? - A. He did.

Q.When were those examinations before Mr. Colquhoun? - A. I believe in the month of December, or thereabouts.

Q. Were they examinations upon your information? - A. Me and others.

Q.How many days were those examinations going on before Mr. Colquhoun? - A. It might be two or three.

Q. Upon your oath, was not the prisoner there

every day during these examinations? - A. I never saw him there but two days.

Q. So this man was there two several days, where these men were examining in December, and you never mentioned his name? - A. Yes, I did.

Q. Upon your oath, in what examination, before the 2d of January, the day you fixed yourself, did you name the name of Flowers? - A. For robbing the Bushey Park.

Q. Was not he at the examinations, and did not you yourself see him there? - A. He was.

Q. Did you converse with him? - A. I told him, at the door of the public-house, he had better go about his business, or I should have something against him before it was long; Coulthurst was in custody then.

Q. Did you say any thing to him the first time? - A. No, it was the second time.

Q. Was this after the 30th of October, that you said you should have something against him soon? - A. It might be so.

Q. Upon your oath, did you or not say so? - A. I told him to take care, and go about his business, or I should have something against him soon.

Q. How many of Mr. Staples's officers were there? - A. None.

Q.How near was it to the office? - A. Next door.

Q. Was this at Mr. Colquhoun's office? - A. Yes.

Q. What day of the week was it you first told him he had better keep out of the way? - A. I cannot tell any thing about that.

Q. Upon your oath, was he not there the day after you said that to him? - A. No.

Q. Upon your oath, upon Flowers's desiring to go into the room where the Magistrate was sitting, did you not desire the person that kept the door to prevent him? - A. That was not the last day, it was the time he came to see Coulthurst go to jail.

Q.Any day that you please? - A. It was the first day.

Q. What did you do the first day? - A. The first day I saw him speaking to Coulthurst, and getting something to eat, and bid him good-by when he went away to jail.

Q. Was that the day you prevented his going into the room? - A. I never prevented his going into the room, to the best of my knowledge.

Q.Will you swear you did not? - A. Yes. Armstrong and I went up stairs to take him, and he was gone.

Q.Coulthurst was discharged, I believe? - A He was.

Q.Will you swear that you did not? - A. I said, Flowers, you had better be out of the way, for you will be the next.

Q. Was that the first day? - A. No.

Q.What did he say to you the first day? - A. This, that, and the other, and watermen's language, at the public-house door.

Q. Did you see him at the door of the office? - A. Yes; the first day.

Q. Did any thing pass between you and him at the door of the office? - A. No; I never spoke to him at the door of the office, to the best of my knowledge.

Q. Will you swear that positively? - A. Yes, I will.

Q. Nor to the person who kept the door? - A. No.

Q. He used some watermen's language, that was not very civil? - A. Yes.

Q. How long before the next examination took place? - A. Three or four days afterwards.

Q. Was the door-keeper there at the time he used language that you did not like? - A. I cannot say.

Q. Had you forgot, at that time, that you had seen him stealing the sugar? - A. No. I went and got an officer, and went up, but he and Bird were both gone.

Q. How long after this was it before you inserted his name in any information before a Magistrate? - A. Some time.

Q. A month? - A. Less than a month.

Q. A fortnight? - A. I think it was more than a fortnight; I think three weeks.

Q. Then it was about three weeks after you had seen him at Mr. Colquhoun's before you inserted his name in any information before a Magistrate? - A. His name was mentioned before I ever saw him there.

Q. Before the Magistrate? - A. No.

Q. Was it, or was it not, more than a fortnight, or about three weeks after you had seen Flowers at Mr. Colquhoun's, and conversed with him there, before you inserted his name in any information before any Magistrate? - A. It was not. I told it to the West-India merchants.

Q. When did you communicate Flowers's name, as the person that you had seen stealing sugar, to the West-India merchants? - A. About a fortnight or three weeks after it happened; on the 30th of October.

Q. Do you mean to swear that? - A. Yes.

Q. Give me the name of any of the West-India merchants to whom you communicated Flowers's name, as the man you had seen stealing sugar from the Bushey Park, in a fortnight or three weeks after the 30th of October? - A. Mr. Batchelor, who sits there.

Q. Before you saw him at the office, after the 30th of October, how often might you see him at large? - A.Very seldom.

Q. Once a week? - A. Once a day, or so.

Court. Q. From the 30th of October, till the 2d of January? - A. Yes.

Mr. Garrow. Q. Both before and after you had communicated all you knew to the West-India merchants? - A. Yes.

Q. Did the West India merchants attend the examinations before the Magistrate? - A. Some of them did.

Q. You have seen him at the common plying-place daily? - A. I have seen him daily.

Q. At the plying-place? - A. Yes; but I never saw him at work.

Q. When did you make application to the club for the repairing of your boat? - A. The first Tuesday of the quarter before last.

Q. The first Tuesday in December? - A. No; the first Tuesday after Christmas-day.

Q. You are a Custom-house officer, are you not? - A. I am not now.

Q. How long have you ceased to be so? - A. Ever since the 25th of last August.

Q. You were tired of it, and resigned, I suppose? - A. No; I was dismissed.

Q. If it is not an impertinent question, may I ask what it was you were turned out for? - A. I was turned out for another officer and me having a few words together.

Q. Perhaps it might be this, for charging a man with a felony that he was not guilty of? - A. I do not know what I charged him with; I never charged him with any thing; I seized a bag of sugar, and a bag of coffee, and because I laid him before the Board, he laid me before the Board for bad language.

HENRY WILKIE sworn. - Examined by Mr. Fielding. Q. Do you remember, in the latter end of October, seeing Branham on any day between Mr. Wade's and Coulthurst's house? - A. Yes.

Q.What was he doing, and how far was he from Coulthurst's? - A. Between three and four in the morning, I saw Mr. Coulthurst's door open, before and after; I saw Branham, to the best of my knowledge, about twelve o'clock; I saw three men come out of Mr. Wade's with three bags loaded, and go into Mr. Coulthurst's.

Q. At that time did you see Coulthurst himself? - A. I did not.

Q. Did you observe any thing after twelve or one o'clock? - A. In the morning, to the best of my knowledge, between three and four, I saw Mr. Wade's door open, and men with bags come out, and go into Coulthurst's.

Q. Did you see Coulthurst himself at that time? - A. No.

Q. Did you see Coulthurst the next morning? - A. I did.

Q. Had you any conversation with him the next morning? - A. Yes; about ten o'clock that same morning he gave me a dollar.

Q.What did he say when he gave you the dollar? - A. He told me to take no notice of what I saw.

Cross-examined by Mr. Knapp. Q. How long was it before you gave any information of this? - A. The very same morning; I went to Mrs. Webb's and got the dollar changed, and told her all about it.

Q. But how soon did you go before any Justice of the Peace, to say any thing about? - A. I never went before any Justice.

Q. When were you first applied to to come here? - A. The first day of last sessions.

Court. Q. You never gave any voluntary information till you were sent for? - A. I did not.

- BATCHELOR sworn. - Examined by Mr. Fielding. Q. Can you fix any time when any information was first given by Branham? - A. The 22d of November, I think it was.

Q. You are agent for some of the West-India merchants? - A. Yes.

- SANDERMAN sworn. - Examined by Mr. Jackson. I am clerk to Messrs. Robert Milligan and David Mitchell , who are the owners of the Bushey Park; the captain's name was Roderick Morrison.

Q. What did her cargo consist of? - A. Principally of sugar.

Flowers's defence. I am entirely innocent of the charge, it is a malicious piece of business; Branham and I have been at variance several years, and have fought several times publicly, entirely owing to a quarrel at the club; I was steward of the club; a few days before we called a meeting of the club, and took his name out, because he was such a bad fellow, and it broke up the club. When I came out of the room, he held up his fist, and said, d-n your eyes, I will be revenged of you. The premises that he says the sugar came through, were locked up for a month before; he is a very bad man.

Court. Q.(To Wilkie.) How long have you been acquainted with Branham? - A. A great many years.

For the Prisoners.

JOHN STEVENSON sworn. - Examined by Mr. Garrow. I am a waterman; I keep a house; I am a member of the waterman's club of Wapping New-stairs.

Q. Are you acquainted with Flowers and Branham? - A. Yes. Branham applied to the club upon the 26th of December, to be reimbursed for the loss of his boat. Flowers was steward at that time. He brought an affidavit, signifying that his boat was taken away maliciously; he was ordered out of the room till the people consulted the articles, and he was called in again; Flowers was to tell

him that they had all agreed not to pay him a half-penny. Branham then said, if I do not get it one way I'll have it another, revenge is sweet, and revenge I will have.

Q.Are you positively certain he made use of that expression? - A. Yes, upon my oath he did.

Cross-examined by Mr. Fielding. Q. How many of you might form this club? - A. I cannot say particularly; I dare say fifteen or sixteen.

Q. So you all determined to reject his application? - A. That was the voice of all the whole people.

Q. All watermen? - A. Yes.

Q. Mostly plying at these Stairs? - A. Yes.

Q. Had you the curiosity ever to look at this boat that was stove? - A. No; I had no right.

Q. So the words this man made use of were,"if I do not get it one way, I will have it another?" - A. Those are the words.

Q."Revenge is sweet?" - A. Yes.

Q.Was there any further quarrel between them? - A. They quarrelled for the best part of an hour.

Q.And they turned him out of the room? - A. No, he was not turned out; he was desired to withdraw.

Q. Did you happen to know Branham when he was a Custom-house officer, and rowed about the river? - A. I have known him many years.

Q. Did it ever happen that Branham seized a boat of a son of your's? - A. Yes; he was an apprentice of mine.

Q. Were you a witness at Kingston? - A. Yes.

Q. And the boat was seized? - A. Yes; but I lost nothing by it, the captain paid me.

ROBERT BURWOOD sworn. - Examined by Mr. Knapp. I belonged to the boat-club; I know Branham, and I know Flowers; they belonged to the club; Branham made application about his boat being stove; he brought in a bill; she was not stove at our row, she was stove at Execution-dock, and the club refused his application, and a motion was made to break up the club.

Q. Who communicated the resolution of the club to Branham? - A. All the members of the club, every body that was in the room.

Q. Did you hear any expressions that he made use of? - A. Yes; he said, the least said is soonest mended, and he would have revenge.

Q. Who was that addressed to? - A. I cannot say.

Cross-examined by Mr. Fielding. Q. Upon his being told he should not have his repairs, he was very angry? - A. Yes.

Q. And he said, "the least said is soonest mended, and he would have revenge?" - A. Yes.

Q. You do not recollect his saying, "if he had not it one way, he would in another? - A. No.

WILLIAM SELWOOD sworn. - Examined by Mr. Ailey. I was a Member of the boat-club, Flowers and Branham were both members; Flowers was steward, and Branham applied for the expences of the loss of his boat, and the club refused it to him, upon which a quarrel ensued betwixt Branham and Flowers; I heard Branham say to Flowers, that revenge is sweet, and he would be revenged.

CHRISTOPHER- WALTER MARSHALL sworn. - Examined by Mr. Garrow. Q. You are a witness who attended the other day for the prosecution? - A. Yes.

Q. Were you in the service of Mr. Wade, and from what time? - A. I lodged in the apartments of Mr. Wade a year and a half.

Q. Did you lodge there till Christmas, 1797? - Q. I did.

Q. Were there any precautions taken to prevent any persons passing through his premises in the day or night? - A. Yes; they began the beginning of October.

Q. Are you certain they were taken before the 29th or 30th of October? - A. Yes, the 9th; and without any interruption they continued up to Christmas, there was a chain and a padlock put upon the inside of the doors next the water.

Q. What time was it locked up in the evening? - A. When Mr. Wade's man left work, he locked the premises.

Q. At what time did they open in the morning? - A. About six o'clock.

Q. Was it possible then for any person to have gone through those premises to Mr. Coulthurst's at three or four in the morning? - A. No.

Cross-examined by Mr. Knowlys. Q. I believe those precautions were taken in consequence of your letting people through? - A. I did.

Mr. Garrow. Q. Is Phillips still in Mr. Wade's service? - A. No, he is not.

Mr. Knowlys. Q. Do you not know that the gate was once broke open? - A. I do not.

JOHN LAUGHTON sworn. - Examined by Mr. Knapp. I am an officer of the Excise: I was stationed on board the Bushey Park till all the sugars, rums, and coffees were out, from the time she passed Gravesend till the 4th of November.

Q. Were there other officers on board with you? - A. Yes, two Excise, and three Customs.

Q. It was your duty to take care that the property was not taken away? - A. Undoubtedly.

Q. Did you know of any property being taken out of the Bushey Park? - A. Not clandestinely.

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

Court. Q. Were there any taken out openly by persons that should not have done so? - A. No.

Mr. Knapp. Q. On the 30th of October, was there any sugar carried away in bags? - A. I can

not swear to a particular day, but I am sure there was none taken away but some that was seized.

Q.Was the captain on board during this time? - A. Captain Lowry was, mostly all the time the ship was delivering.

Cross-examined by Mr. Fielding. Q. When you say, mostly, what time do you speak of? - A. From the morning till the lumpers went.

Q. Did captain Lowry never leave the ship while the lumpers were on board? - A. At times.

Q.Your employment, of course, lay sometimes at one part of the ship and sometimes at another? - A. It is our duty to be all over the ship at different times.

Q. Do you remember any instance of boats being seized going from the Bushey Park? - A. I do not know it.

Q. Were there any bags seized on board the ship by you, or other officers? - A. None by me; some officers came on board rummaging the ship; for these men, the lumpers, are very apt to stow away little bags till they can get an opportunity of taking them out of the ship without our seeing them.

Q. Did you ever see Flowers on board the ship all the time? - A. Never; nor in a boat.

Court. Q. What are your hours of watching? - A. All day and all night, we relieve each other; we set the watch at seven at night, and continue till seven in the morning.

Q. Is Morgan, your brother officer, here? - A. He is on duty.

Q. He has been here this Sessions? - A. Yes.

JOSEPH WRIGHT sworn. - Examined by Mr. Alley. I am a Custom-house-officer, I was on board the Bushey Park; I went on board, I think, about the 6th or 7th of October.

Q. Was that before she had broke bulk? - A. Yes; there were four more officers on board; and captain Lowry was on board the chief part of the time while I was there.

Q.Was there any sugar carried from on board that ship during the time you were on board, that ought not to have been carried away? - A. Not to my knowledge.

Q. How many officers continued on board? - A. Sometimes three, sometimes four, and sometimes all five; I was always on board except Sunday.

Cross-examined by Mr. Knowlys. Q. Then I am to understand, that the Bushey Park was not at all plundered of any sugar? - A. Not that I know of.

Q. You keep a book, do not you? - A. Yes.

Q.Upon your oath, was there not an entry made in your own book, of the seizure of bags of sugar that had been stolen in the Bushey Park? - A. I did not know it till they were brought up.

Q. Do you mean to say, that the ship was not plundered at all? - A. I think not; unless these lumpers might put some by in bags, or stockings.

Q. And these Jumpers might also chuck them over into a boat without your observing them? - A. Certainly.

THOMAS WHEATLEY sworn. - Examined by Mr. Knapp. I am a Custom-house-officer: I was stationed on board the Bushey Park from the time she came into the river until she was discharged.

Q.It was your duty, of course, to protect the property in her? - A. Yes.

Q. Do you know of any bags of sugar being taken from that ship? - A. Not illegally; I remember two or three seizures being made.

Q. Do you know Flowers? - A. Yes, I do.

Q. Did you ever see him come on board the vessel? - A. Not to my knowledge.

Q. Did you ever see him at the ship's side even? - A. No, not to my knowledge.

Cross examined by Mr. Jackson. Q. Did you never go on shore? - A. Yes; I have been up to the quays with some charges.

Q.Therefore, what might he thrown over-board, while you were not there, you cannot tell? - A. No.

ALEXANDER CROW sworn. - Examined by Mr. Alley. Q. You were employed by captain Lowry, as a watchman on board the Bushey Park? - A. Yes.

Q. When night came on, how were the hatches? - A. Lashed down with capstern-bars; it was impossible to get there without they went into the cabin.

Q. Do you know of any sugar being taken from that ship improperly? - A. I do not.

Q. And you watched all night? - A. Yes.

Mr. Fielding. Q. You were stationed to keep your eye upon the hatches? - A. My duty was to watch fore and aft.

Court. Q. Did you see any bags of sugar upon the deck? - A. No.

Q. How long did you watch? - A. Till the lumpers came on board at six o'clock, and then I went to bed till eleven or twelve o'clock.

Both NOT GUILTY .

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

Reference Number: t17980418-88

323. RICHARD SMITH was indicted for feloniously stealing, on the 21st of February , a pound of wool, value 2s. the property of the East-India-Company .

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

- sworn. - I received some wool from the Essex Indiaman, and brought it up to the quays,

and delivered it to Mr. Lucas's foreman, John Barber.

JOHN BARBER sworn. - Examined by Mr. Knapp. I detected the prisoner in taking wool out of the bales upon Sab's-quay, which had been delivered to me by the last witness; I sent for the Company's porters, and gave it up to them; I have got the wool. (Produces it).

JOHN COLE sworn. - Examined by Mr. Knapp. That wool is the property of the East-India-Company, it has the Company's mark upon it, I received it at Sab's-quay.

Prisoner's defence. I never touched it; I was only sitting down upon the bales.

GUILTY (Aged 25.)

Confined six months in Newgate , and fined 1s.

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

Reference Number: t17980418-89

324. MARGARET THOMPSON was indicted for that she, on the 8th of April , in and upon Richard France , did make an assault on the the King's highway, putting him in fear, and taking from his person a leather pocket-book, value 2s. 6d. seven guineas, a half-guinea, a seven-shilling-piece, two Bank-notes, each of the value of 2l. and six Bank-notes, each of the value of 1l. the property of the said Richard .

RICHARD FRANCE sworn. - I am a clerk out of a situation: On Sunday night, the 8th instant, going down Cheapside, at the corner of Friday-street , I met the prisoner, about ten o'clock; she suddenly seized me by the right-arm, but did not speak to me; she then turned me sharply round, and pushed me back against a house, and then robbed me of a pocket-book containing two Banknotes of 2l. each, six Bank-notes of 1l. each, seven guineas and a half, a seven-shilling-piece, and a lottery-ticket which was drawn a blank; I found the prisoner's hand in my pocket at the time; being so hastily attacked on the King's high road, deprived me of my senses for a minute or two, it made me rather incapable of pursuing after the prisoner immediately, by which means she made her escape; I described the prisoner to the first watchman I went to, which was about five minutes after, in Bread-street, who immediately took me to the watch-house; about three quarters of an hour after I was robbed, the prisoner was again in Cheapside, the watchman was looking out for her; I was opposite, in Cheapside, she was at the corner of Bread-street, I knew her again immediately; I gave charge of her to the inspector of the watch.

Q. Was there any lamp near where you were robbed? - A. Yes, directly where I was robbed; the prisoner did not speak to me till she took hold of my arm; the money was in the same pocket-book with the notes.

Q.How long might this be going on? - A. Not above a minute or two; when she was found again in Cheapside she was somewhat different in dress.

Q. Did you see her face distinctly? - A. Yes; she was searched immediately, but no property found, none of it has been since found; when I challenged her with it, she said something, but I do not recollect what.

Q. Do you mean to swear, knowing this to be a capital charge, that the prisoner is the woman? - A. I can do it with the greatest safety.

Q. Have you any doubt about it? - A. Not the least.

Q. What was the change of her dress? - A. She had a large fur tippet round her neck when she was taken, I cannot say whether she had a cloak on or not.

Cross-examined by Mr. Alley. Q. You are a clerk out of place? - A. Yes.

Q. Where did you live last? - A. With Messrs. Shirley and Boddy, distillers, in Warwick-lane.

Q. How long have you been out of place? - A. Near six months.

Q. Have you been looking for a place lately? - A. Yes.

Q. Of course you were paid your wages when you came away? - A. Yes.

Q. May I take the liberty of asking how much you received? - A. About ten pounds.

Q. Your loss, upon this occasion, is about seventeen pounds, seven shillings? - A. Yes; I believe it is more.

Q. You say you were quite frightened? - A. Yes.

Q. You seem as stout as that woman, I think? - A. I was not well, I had been ill for a long time, but I cannot tell you my complaint.

Q. When you were at Guildhall before Sir John Eamer , what was your charge? - A. Six one pound notes, and two two pound notes.

Q. You told the whole truth there, I take it for granted? - A. No, he did not require it.

Q. Upon your oath, did you say a word to him about seven guineas? - A. I cannot say that I did.

Q. Upon your oath, do not you know that you never said one word about it? - A. I do not recollect that Sir John Eamer asked me how much I had lost.

Q. Were you not asked what your loss was, in order to obtain a search-warrant? - A. He did not grant a warrant, because it was out of the city that her apartments were.

Q. Did not you go before the Lord-Mayor, at the Mansion-house, afterwards? - A. Yes.

Q. She was committed from the Mansion-house? - A. Yes.

Q. Did you say one word about the seven guineas before the Lord-Mayor? - A. No.

Q. You did not recollect at that time that you had lost it; was it out of your mind? - A. No, it was not.

Q. Did you ever mention a word about the two pound notes before my Lord-Mayor? - A. Yes.

Q. Now, upon your oath, did you speak of more than one two pound note? - A. I do not exactly know what I said before my Lord-Mayor.

Q. I see the commitment is for one two pound note, and six one pound notes? - A. Those that I spoke of before my Lord-Mayor, were only those that I could swear to, by the endorsement upon them.

Q. Do not you know, that before the Lord-Mayor, you were sworn to tell the truth, and the whole truth; now, did you tell the whole truth? - A. I did not tell exactly, only what I could swear to.

Q. What time of night was it? - A. Near ten o'clock.

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

Q.Was there any body in company with her? - A. No.

Q. Did you not state before the Magistrate, that there was somebody in company with her? - A. No.

Q. You never said so to any body? - A. No.

Q. Do you recollect any other person being charged with this offence? - A. No.

Q.Did you not say, that you thought another woman, and not the prisoner, had committed the offence? - A. No.

Q. Was not another person pointed out to you, and you said, you believed she was the person? - A. No.

Q. Did not you go up to another person, and say you believed she was the person? - A.She was not pointed out to me.

Court. Q. Did you see any other woman that you thought was the woman that robbed you? - A. No.

Mr. Alley. Q.Were you not about to charge another woman with this offence? - A. I was not.

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

Q. And the woman that you took up was not dressed the same way as the woman that robbed you? - A. No.

Q. Do you generally carry your gold in your coat pocket - you were pretty flush, I suppose? - A. Yes; I have not always so much gold about me, and that was not my own, it was another person's.

Q. Upon your oath, do not you expect, that if you prove that you have lost it, that other person will exonerate you? - A.No, upon my oath, I expect to pay it.

Q. Do you know any thing about a reward of forty pounds? - A. I do not.

Q. You never heard of it? - A. Yes; but I do not know whether it is true or not.

Q. Do you not expect it if you convict her? - A. If it is lawful and just, and right, I should expect it.

Q. Did you call out to any body at the time of this robbery? - A. No.

Q. You were very much frightened because a woman stopped you and took hold of your arm? - A. Yes.

Q. She did not hold a pistol to your head? - A. No.

Q. If you were so frightened that you were going to faint, how can you undertake to swear that that is the woman? - A. I am sure she is the woman.

Court. Q. Was any of this property your own? - A. The pocket-book was mine.

Court. Q. When had you been receiving this money? - A. The greatest part of it on Saturday, the day before, I had been collecting it for a friend, as I had nothing to do.

Q. What is that friend's name? - A.Daniel Kelley; he lodges in Sandy's-row, Artillery-lane, Bishopsgate-street.

Mr. Alley. Q.What business is Kelly? - A. He was a cheesemonger, in Trinity-lane.

Q. Why did you not take it to him on the Saturday night? - A. Because he was in the country.

Q. Is he a married man? - A. Yes.

Q.Why did you not leave it with his wife? - A. Because she was in the country with him. He had been in the country three weeks or a month.

Q.Has Kelly been from business? - A. Yes, he has.

Court. Q. Had you no money of your own at this time? - A. Yes.

Q. Did you keep it separate from the other? - A. No, I did not.

JOHN MEANE sworn. - I am an officer of the ward and inspector of the watch: About ten or a little after ten on the Easter Sunday at night, the prosecutor came to the watch-house, and said, that he had been accosted violently and against his will, that he had been taken by the arm by a woman, then named Appleby, that she shoved him against the wall, and he could not extricate himself till he had lost his pocket-book, and then she got off. I then went to the watchman who stands at the end of Bread-street, and asked him if he had seen her; in consequence of what he said, I went down Cheapside, but could not see her; coming back again, I saw some women the corner of Milk-street, the first person I laid hold of was this Mrs. Appleby.

Q.Who do you mean by Mrs. Appleby? - A.The prisoner at the bar. I said to her, Mrs.

Appleby, how do you do, there is a gentleman across the way would be glad to speak to you; she was rather backward of going, and the watchman and prosecutor being together, I beckoned them over; accordingly they came across, and I said, is this the woman, and he said, that was absolutely the woman that robbed him; accordingly we took her to the watch-house, in order to search her, but we found nothing upon her but a shilling and a few halfpence.

Cross-examined by Mr. Alley. Q. She was found in Cheapside, the place where the robbery was committed? - A. Yes.

Q.What time was this? - A.Sometime after ten o'clock; by the time she was searched it might be eleven.

Q. Did not he say that there was a difference in her dress? - A. Yes; and so said the watchman, that when she went past him before, she had not that tippet on. He was perfectly sober.

WILLIAM SILLERSON sworn. - I am a watchman: I saw the prisoner a little before ten on Easter Sunday evening; our inspector came up to me with the prosecutor, and the inspector said to the prosecutor, do you know any thing of this woman, and he said, yes, that is the woman, I will swear to her; I asked him, if she had that tipper on at the time, and he said, no; I said, you are right, sir, for she had not it on when she passed me a little before ten. We took her to the watch-house, and searched her, but did not find any thing.

WILLIAM CULVERWELL sworn. - I am a constable: On Easter Sunday night, about half past ten, as near as I can recollect, the prosecutor came into the watch-house, and said he had been robbed of his pocket-book, containing seven or eight Banknotes, and in about a quarter of an hour afterwards, she was brought to the watch-house, and searched, but nothing was found relative to the robbery; and after that I took her to the Compter.

Prisoner's defence. I never saw the man till I was taken up.

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

GUILTY Death . (Aged 33.)

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980418-90

325. JOHN COOPER was indicted for feloniously stealing, on the 20th of March , a silk handkerchief, value 1s. the property of David Hill .

DAVID HILL sworn. - I am a tea-dealer : I was coming out of the Chamberlain's Office, Guildhall , I do not recollect the day, when I put my hand in my pocket and missed my handkerchief; I saw the prisoner near me, I followed him round Guildhall yard, I stopped him, and charged him with it; he denied it at first, but afterwards produced my handkerchief; there was no mark upon it, but from the general appearance of it, I believe it to be my handkerchief.

JOHN TURNER sworn. - I am a constable, (produces the handkerchief): I received it from the prosecutor, or rather between him and the prisoner; I have had it ever since. I searched him at the office, and found two others.

Hill. This is my handkerchief.

Prisoner's defence. I did not pick his pocket.

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

GUILTY . (Aged 15.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980418-91

326. JOHN ANNIS was indicted for harbouring and maintaining, on the 22d of November , one Benjamin Wolfe , knowing him to have stolen a quantity of sugar, which the said Benjamin had been convicted of stealing .(The indictment was stated by Mr. Jackson, and the case by Mr. Knowlys.)(Mr. Chetham produced an office copy of the record of the conviction of Wolfe, which was read.)

JOHN WINTER sworn. - Examined by Mr. Jackson. I am a porter by the water side.

Q. Do you know Benjamin Wolfe ? - A. Yes, he is a Jew; I was employed by Mr. Wolfe, some time in November, to bring some bags from the ship Adamant.

Q. Before that time had you seen any thing from the ship Adamant? - A. No. He told me to attend at Wapping New-Stairs to bring the bags up; I saw the bags put into the boats that came from the Adamant. Alexander Faulkner and Wolfe both went on board the ship together, they were on board near half an hour; and then I saw these bags handed out to Alexander Faulkner , he was in the boat, Wolfe waited on board; and as soon as these bags were in the boat, he jumped into the boat, and they came on shore together; then Wolfe went right up the stairs, and went to the Black Boy, kept by Mr. Annis. I was employed to carry the bags up to Mr. Wolfe; Alexander Faulkner assisted me to put them into another sack, a flour sack.

Court. Q. Did you see Wolfe at Annis's house? - A. Yes, he was there before I got there.

Court. Q. What was he doing? - A. He and his son stood by to receive the goods in a little room by the side of the bar; I left the bags there with them.

Q. Do you know what became of the bags afterwards? - A. No.

Q. Do you know what became of the sugar in those bags? - A. It was put into quarter-hundred bags, and taken away.

Q. Who saw that besides you? - A.Wolfe and his son, and the porter.

Q. Where was Annis at that time? - A. On the 22d I came in, and asked Annis where Wolfe was, and he said up one pair of stairs, and I went up stairs; I had a bag with me then.

Q. Was wolfe concealed in the house? - A. Not that I know of; he was up one pair of stairs, where the sailors carry their hammocks and chests.

Q. Who else was present when the sugar was put in the quarter-hundred bags besides you and Wolfe? - A. Only the porter.

NOT GUILTY .

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17980418-92

327. ROBERT MITCHELL was indicted for feloniously stealing, on the 19th of March , a feather and stock bed, value 8s. two woollen blankets, value 3s. and a hempen sack, value 4d. the property of William Phelps .

WILLIAM PHELPS sworn. - I am a lighterman : I lost the property in the indictment, out of a sailing barge; my sons and I were at home at the time; the prisoner was a servant to my son.

THOMAS PHELPS sworn. - I am son of the last witness: The prisoner was at work under me, and I work under my father; I was not on board when the property was taken; I left them in the barge, and put her under the wharf, and left the prisoner to moor her on the 18th of March, about half past three in the afternoon; the property was then in the barge. On Monday I went on board, and found the cabin door broke open, and the property gone; I found the property again, about two o'clock on Monday, at a woman's house that it was sold to.

ANN HEMMINGS sworn. - I keep a chothes shop, in Little Peter-street, Wastminster: On the 18th of March, as nigh as I can remember, between six and seven at night, the prisoner at the bar came to my house, and said he had to ask a favour of me; I asked him what it was, he said, he had got a feather and flock bed and two blankets, if I would be so good as lend him six shillings upon them, he would be very much obliged to me; he pressed me very much to let him have it till he got his wages, and I lent him six shillings upon it, and the next day the constable came and took it away.

WILLIAM MESSENGER sworn. - The young man told me he had had his barge robbed; and on the Monday he gave me charge of the prisoner; the prisoner told me, he and two more had broke open the cabin door, and if I would settle it for a guinea and a half, he thought it would be better than taking him before a Justice.

Q. Had you made him any promise at all, or any threat? - A. Not the least in the world. He told me the things he had stole he had taken to an old iron shop on the Sunday evening, and the person where he had taken them had bought the things; he pointed out the door, and I left him with another officer, and went in, with young Phelps, and told the woman I was coming to search for a bed that was stolen that she had got, and she immediately ran up stairs, I followed her, and she was bringing it out from under the bed; I took her before the Magistrate; I found the blankets, but not the sack. (Produces them.)

WILLIAM PHELPS , jun. sworn. - About twelve o'clock on Monday I went on board, and I saw that the cabin door was broke open; I can speak to the property; I know it to be my father's; I found the sack hanging over the settle at a public-house, where I heard they had been.

Q. Has it ever been seen in the hands of the prisoner? - A. No.

Prisoner's defence. I moored the barge safe, and never saw her again; two young fellows that I know asked me to leave this bed for six shillings, at this woman's till Monday morning; I did not know it was my master's bed, or that the cabin was broke open.

GUILTY (Aged 22.)

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

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

Reference Number: t17980418-93

328. THOMAS RODNEY was indicted for feloniously stealing, on the 3d of April , a saw, value 6s. the property of John Goodall .

JOHN GOODALL sworn. - I am a master carpenter : I lost a saw from my shop, No. 29, Greek-street ; on Tuesday the 3d of April, I was out; when I returned, my wife said a man had been there to ask for a job; I went to my bench, and missed a dove-tail saw; I found it at the pawnbroker's in about a quarter of an hour after I had missed it; I went to the pawnbroker's to enquire if he had taken in a saw, and he said, yes; he shewed me the saw, and I knew it to be mine. (The pawnbroker produced the saw, which be deposed he took in of the prisoner.)

Goodall. This is my saw, it was stolen from me once before, and I took it from a man in Harp-alley; I am sure it is my saw.

Prisoner's defence. I met with an acquaintance that treated me with some porter, and then he asked me to pawn the saw for him, which I did; his name was John Thomas.

The prisoner called two witnesses, who 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: t17980418-94

329. JOHN DISNEY was indicted, and the indictment charged that, at the Session of the Gaol Delivery, holden for the county of Middlesex, on the 10th of January, in the 38th year of his Majesty's reign, Henry Foreman was tried and convicted of felony, and afterwards sentenced to be transported; and the indictment further charged that he. John Disney, well knowing the said Henry to have committed the felony, did afterwards, on the 3d of December , receive, house, harbour, relieve, assist, and maintain, the said Henry .(Mr. Shelton produced the record of the conviction of Henry Foreman, which was read.)

JOSEPH LORD sworn. - The morning after I was robbed, the prisoner came to my lodgings; I had never seen him before; I lodged then in Berners-street, Oxford-road; he said that the parties had applied to him to settle the business; there was a little of the money deficient, and it should come forward in the course of the day; he begged I would not take out a warrant; he came the next day again, and the day after, and the fourth day I went to Mr. Disney's office, he told me the business should be settled that day, and he would bring me Wilson; I got out a warrant for the whole three from Mr. Conant; and on Sunday the 3d of December, at four o'clock, I saw Foreman in Disney's house, and Kennedy the constable saw him also; Disney said he was not there, he said, cannot you see as well as me; the room was dark; and the next day I got information of Mr. Foreman, and Disney was with him, and then I was sure that one of the persons that I had seen the night before was Foreman; we took him then, and last Disney behind.

Q. Did you know Foreman before? - A. No. I never saw him in my life till the day that I was robbed.

Cross-examined by the Prisoner. Q. Do you know a man of the name of Ford? - A. I know Little Ford very well.

Q. Did he not write a paper out one Sunday morning of what you would swear against me? - A. No.

Q. Did not you make a great many applications to compound this business? - A. I did not know what compounding was, till I went to Mr. Costant, and he told me I had done wrong.

Q. You say you saw Henry Foreman at my house on the Sunday? - A. Yes.

Q. Who was with you? - A. Mr. Kennedy and another constable; they then denied him to me.

Q. What was the reason you did not take him into custody at that time? - A. Because there was not sufficient light to distinguish him; but the next night when I saw him, I was sure that he was the man that was in your parlour the night before, and you said you could find any of the parties at any hour.

RICHARD TYRRELL sworn. - Foreman lodged with me, and I was to go to Mr. Disney for a character, and he gave him a good character.

Q. Did you ever see Foreman after the robbery was committed, and before he was taken up? - A. No.

JOHN CHANDLER sworn. - Q. Do you know any thing about the harbouring of Foreman by the prisoner? - A. No, I do not; I never saw Foreman till I saw him at Marlborough-street.

JAMES KENNEDY sworn. - I went on the Sunday night, with Mr. Lord, to the prisoner's house; I saw the prisoner there, and two young men, sitting by the fire; I verily believe one of them was Foreman; I would not undertake to swear it; it was rather dark; and the next day I went to apprehend Mr. Disney; he kept an Agency-office, next door to the Bow-street office; he left his house, and I could not find him for some weeks after that; I saw Foreman afterwards, but I cannot positively say whether he was one of those two men.

Prisoner. Q.(To Chandler.) Do you not know, of your own knowledge, that Mr. Lord committed wilful and corrupt perjury upon the trial of Foreman? - A. No, I do not.

Q. Did not Mr. Lord say that he should get 40l. out of his 53l. if Foreman was convicted; and he would swear hard to convict him? - A. I have heard him say, if he was convicted, he should get 40l. out of his 53l.

Q. Did not Mr. Lord say that he would not have taken me up, if he had not known that I had had some property, and that he expected to get his money back and 40l. more, and he would not appear against me? - A. No; I have heard him say, that if you were taken up, he thought he should get his money, for that you had money.

Q. Have you not heard him say, he would swear hard against me, for if he did not convict me, he expected I should prosecute him for perjury? - A. I have heard something of that sort; but I do not exactly recollect the words.

Q. Do you remember that Mr. Lord came to me, and wished me to apply to Mr. Read, a sadler, upon the business? - A. I do.

Q. Has not he said that he would not have taken me up, but he expected, upon my being taken up, that I should have paid the money? - A. He said

he thought you would pay the money, rather than suffer yourself to be prosecuted.

Q. Did not Mr. Lord write a sheet of paper of a false paper writing, and read it to you, to strengthen his evidence? - A. I remember the writing very well; he said that was what he should swear in Court.

Q. Upon your oath, have you not heard Lord say that Wilson was the man that robbed him? - A. Yes; we went to Mr. Bond to take out a warrant for Wilson, but there were three of them together at the time he was robbed, and Mr. Lord did not know any of them except Wilson.

Court. Q. How long have you been acquainted with Mr. Disney? - A. I had not known him before he came to Mr. Lord, about that business.

Q. Have you been upon any sooting of intimacy with him since that? - A. No, not particularly.

Q. Have you ever talked the case over with him? - A. No.

Q. Did you ever suggest to him, at all, what you could say upon the subject? - A. No.

Q. Then the prisoner had no knowledge of the manner in which you would answer these multitude of questions that he has put to you? - A. It is impossible.

Lord. Mr. Chandler has been arrested, and there has been a communication between him and Disney.

Prisoner's defence. This prosecution is commenced against me for the purpose of extorting money from me, that I would not by any means comply with; I knew I was not guilty of the charge alledged against me, I am conscious Foreman was never at my house after the robbery, they had frequently applied to me to settle it; when they enquired of me for Foreman, I said, I would do all I could to find him out; it must strike every body, when they recollect the public situation in which I lived, next door to the Public-office, Bow-street; the father of Henry Foreman formerly kept the Brown-bear, and being known to all the officers, is it reasonable to suppose he would come into such a situation as that; in fact, he never did come into my house after that.

For the Prisoner.

GEORGE FOREMAN sworn. - I keep the Gold-chain in the Tower; Mr. Lord came to me to compound felony, with respect to Henry Foreman , my nephew, I was examined here when he was tried; they wanted me to give them fifteen pounds, they then left me, and said, they should proceed to prosecute him; and, on the Sunday after, Mr. Lord came again, with Kennedy; he first asked me twenty-five pounds -

Q. How long have you known Disney? - A. I knew nothing of him till that time.

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

Mrs. - MORRIS sworn. - Mr. Lord called upon Mrs. Wilson, in Maiden-lane, the day of the robbery, and said, that he had lost his property; he called several times that day, and he has repeatedly called upon me since, at my house in Wardour-street, he got me to write into the country to his friends to get them to settle it; he told me, if Wilson would come forward with the pocket-book, he would go no farther in it, but think it was a drunken frolic. GUILTY (Aged 40.)

Confined one year in Newgate , and fined 20l.

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

Reference Number: t17980418-95

330. RICHARD UNDERHILL , ELIZABETH CASLIN , JOHN DOE , and ANN JONES were indicted, the first three for feloniously stealing, on the 8th of March , a check-shirt, value 1s. two muslin handkerchiefs, value 2s. a check-pincloth, value 2d. a dimity petticoat, value 8d. three muslin caps, value 4d. and two linen shirts, value 4d. the property of Timothy Kelly ; and Ann Jones for receiving part of the same goods knowing them to have been stolen .

TIMOTHY KELLY sworn. - I keep a house, No. 6, Callmell-buildings, Mary-le-bonne : On Thursday the 8th of March, I lost the things mentioned in the indictment, and I found a coloured shirt of mine upon the back of the prisoner Underhill the next day; my wife had hung the linen out in the back yard.

Q. Where did Underhill live? - A. At No. 10, Callmell-buildings, his back-yard and my back yard join together.

MARY KELLY sworn. - I am the wife of Timothy Kelly: I washed the articles mentioned in the indictment, and hung them in the back yard, on Thursday the 8th of March, between nine and ten o'clock in the morning, and I missed them between seven and eight in the evening; I found two baby-shirts the next morning in a room occupied by Underhill, Doe, and Caslin, they all three live together in a back garret, and three night-caps, all broke up; I found also a muslin handkerchief, within Mrs. Jones's shop, hanging up wet, and a pin-afore of my child's. (The property was produced, and deposed to by Mrs. Kelly).

Cross-examined by Mr. Knapp. Q. Mrs. Jones was admitted to bail by the Justice? - A. I do not know; the Justice told me I was done with, and I did not stop in the office.

Q. Do not you know that she surrendered this morning to take her trial? - A. Yes.

Q. You went to Mrs. Jones's, in consequence of information you received from the other prisoners? - A. Yes.

Q. The things were in the shop? - A. Yes.

Q. So that any body that went in might see them hanging upon the line? - A.They might if they looked; I asked her, had she any baby's things selling; no, says she.

Q. Did not she tell you from whom she had them? - A.She did not tell me first.

Q. Do you mean to say, that you saw the handkerchief in the shop, or whether she did not bring them herself to the Justice's? - A. She brought one of them down.

Q. And that is one of these? - A. Yes.

Q. They are half handkerchiefs? - A. Yes.

Court. Q. These are worn by your husband? - A. Yes.

Court. Q. Do you call them handkerchiefs? - A. No, half-handkerchiefs.

Mr. Knapp. Q. How do you know the pin-afore? - A. By my own work.

Q. Are you a housekeeper? - A. Yes.

Q. Have you any lodgers in your house? - A. Yes.

Q. Men, or women? - A. All sorts; and gentlemen too.

Q. And ladies? - A. Yes, and children, and all sorts.

Q. When you found these things, Ann Jones was not taken into custody, but came down to the office herself? - A. Yes.

MARY M'CARTY sworn. - I live at No. 10, Callmell-buildings: I was with Mrs. Kelly when she found the two child's shirts in the back garret; she also found three caps broke up; I went with her then to Ann Jones 's, and found the two handkerchiefs hanging, wet, across the line, and a dimity apron, and a check pin-afore; she asked Mrs. Jones if she had any child's things to sell; she said, there was a petticoat.

Q. Did she say any thing else? - A. No; when Mr. Kelly came home, he went to the Justice's directly.

Q. Did Mrs. Kelly bring the things away with her from Mrs. Jones's? - A. Yes, she did.

Cross-examined by Mr. Knapp. Q. Where was the petticoat that she said she had got? - A. In the shop.

Q. Any body might have seen it? - A. Yes.

Q. She was admitted to bail, was not she? - A. No; she was fully committed to jail at first.

Q. But when the matter was fully heard, the Justice admitted her to bail? - A. Yes.

Q. And, you know, that she surrendered herself here this morning? - A. Yes.

Underhill's defence. This young man, and young woman, do not know any thing at all of it; I found the things in an open court, and took them into the room where this young man and woman lived.

Doe's defence. I sold the handkerchief to Mrs. Jones, and told her it was not my own, it did not belong to me.

Caslin's defence. Underhill brought these things to my room, and asked me to let him leave them in my room, and if I would sell the petticoat for him, which I did, for one shilling, and gave him the money.

Jones's defence. I bought these things, and, to my judgement, I gave the full value for them; I gave one shilling for the petticoat and pin-afore.

Q.(To Mrs. Kelly.) What did Caslin say when you went into her room? - A. She said, the little boy, Underhill, brought them in to her for pieces for a shift.

Mr. Knapp. Q. What do you think the pinafore is worth? - A.Five pence.

Q. What is the value of the petticoat? - A.Eight pence.

The prisoner Jones called nine witnesses, who had known her from six months to twenty-three years, and gave her an excellent character.

Underhill, GUILTY (Aged 12.)

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

Caslin, NOT GUILTY .

Doe, NOT GUILTY.

Jones, NOT GUILTY.

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

Reference Number: t17980418-96

331. JANE PATTERSON was indicted for feloniously stealing, on the 18th of April , a linen frock, value 4d. a flannel petticoat, value 3d. a stuff petticoat, value 3d. a linen shift, value 2d. and a cotton pin-cloth, value 1d. the property of James Hadley .

JAMES HADLEY sworn. - I keep the tap of a public-house in Drury-lane : I missed my child from the door, about eight o'clock in the evening of last Wednesday; I enquired all over the neighbourhood and could get no intelligence.

Q. What age was the child? - A.Turned of five years; my sister got intelligence of it, she is here.

SAMUEL BROWN sworn. - I am servant to a pawnbroker, in Broad-street, Bloomsbury: The prisoner at the bar came in to pledge a picture, leading the child in her hand; I told her it would not do for any thing; I saw her, about five minutes after, going into one of the boxes of the private door, I did not see the child then, and as I was going up stairs again, I saw the child standing quite naked at the back-door; I took the child to St. Giles's workhouse.

Q. Can you say it was the same child that was brought in by the prisoner to your shop? - A. I cannot; the aunt of the child came the next morn

ing to enquire after it, after I had come back from carrying the child to the workhouse; in about ten minutes, the prisoner at the bar brought in the child's cloaths to pledge, and we stopped her, and took her to St. Giles's workhouse, where the child was. (Produces the property).

JANE PARROT sworn. - I am sister to the prosecutor: I searched after the child, and found her at the workhouse, about half past ten o'clock the same night, I brought the child home the next day; these articles that the pawnbroker has produced, are the cloaths that the child had on; the stockings are knit, which is a very uncommon thing for such a child; the other things are not marked, but are exactly the same as what the child had on when she was lost.

Prisoner's defence. I was in liquor, I do not remember to have seen the child at all.

GUILTY (Aged 19.)

The Court immediately pronounced sentence of transportation for seven years .

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

Reference Number: t17980418-97

332. RICHARD PORTSMOUTH was indicted for feloniously stealing, on the 27th of March , eight live tame hens, value 12s. three live tame rabbits, value 3s. and a basket made of willow, value 1s. 6d. the property of William Walkling .

WILLIAM WALKLING sworn. - I am a waggoner : On the 27th of March, coming through Kensington , I lost a basket of fowls and rabbits, it was tied underneath the waggon, it contained eight tame fowls and three tame rabbits; it was cut from the waggon; the man is here that saw the prisoner cut it; the fowls and rabbits were sold; they were taken to Bow-street. The basket is here. (Produces the cord and the basket.)

THOMAS WILLIAMS sworn. - I am watchman and constable of the night for Kensington: Between two and three in the morning of Tuesday, the 27th of March, I saw the prisoner cut the rope, and the basket dropped, he then took it on his shoulder and carried it ten or twelve yards; I took it from him, and pursued him; I never lost sight of him till I secured him; there were eight fowls and three rabbits in the basket, all alive; this is the basket.

Q.(To Walkling.) Are you responsible for these fowls? - A. They were my own, I bought them to bring up to London for sale. This is my basket.

- sworn. - I am a watch-house keeper: I heard Williams call out for help; I came up to his assistance, and he beat me about very much; when I got him just to the door of the watch-house, I had got the door open, he pulled out a knife, and said, he would cut the first bloody thief's arm off that attempted to shut the door. I found a crow that had dropped from him.

Prisoner's defence. The first time I saw those fowls was upon William's shoulder; he told me the fowls had been cut from a waggon, and sent me forward to ask three waggons that had gone past whether they were their's or not; and two of them said, no; and then he laid hold of me, and said I was one of the thieves.

Q.(To Williams.) Is what you have sworn true? - A.It is.

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

GUILTY (Aged 46.)

The Court immediately passed sentence of transportation for seven years .

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

Reference Number: t17980418-98

333. JOHN RISDALE was indicted for feloniously stealing, on the 28th of March , a pannel saw, value 5s. the property of John Wilson .

JOHN WILSON sworn. - I am a carpenter : On Wednesday, the 28th of March, I was at work at No. 77, Swallow-street ; there was an alteration making under the stair-case, and I had occasion to go below stairs for a bit of old stuff; I heard somebody walking over my head, I thought, as far as my bench, and then I heard somebody run out in a great hurry; I immediately went up stairs into the shop, I missed my saw immediately; I went to the street door, and saw the prisoner running, with the saw under his coat, it made his coat stick out so that I could see it as plain as if he had carried it in his hand; I never lost sight of him; it was a saw that I have had near five years, there is a mark upon the handle, and the name of Calton; I had swopped it with a man that worked with me. A constable was sent for, and he was taken into custody.

The prisoner did not say any thing in his defence.

GUILTY (Aged 63.)

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

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

Reference Number: t17980418-99

334. WILLIAM GRIFFITHS was indicted for feloniously stealing, on the 26th of March , a tin trimming pot, value 14d. and three quarts of lamp oil, value 20d. the property of John Loveder .

Second Count. For feloniously stealing a tin trimming, value 14d. the property of John Loveder, and three quarts of lamp oil, value 20d. the property of James Smethurst .(The case was opened by Mr. Knowlys.)

JOHN LOVEDER sworn. - Examined by Mr.

Knowlys. I am employed by Mr. Smethust, who contracts out the lighting of the parish of clerkenwell.

Q. Did you know the prisoner before? - A. Yes, he is in the lamplighting way . On Monday, the 26th of March, I went in to dine at the Cobham,s Head, in Cobham-row , I put my trimming pot full of oil, I suppose about a gallon, upon the top of the watch-box opposite the public-house; as soon as I had got my dinner, I saw the prisoner take the trimming pot away, he had just got it down before I clapped my eyes upon him; before I came up to him, he might have got twenty or thirty yards, I said how came you to steal my property, and he denied it; I said, how can you deny it, when I saw you do it; he had put it down and got a little way of before I caught him, and he walked away as fast as he could; I let him go.

Q.How came you not to stop him? - A. I did not know how to go about it, I told my master of it as soon as I saw him, and my master had him taken up

Q. Are you sure this is the same man that took away your trimming pot and your oil? - A. I am. This is it, (producing it); the oil has been used, I am sure it is the same that I had put upon the watch-box.

Prisoner's defence. I was coming along and saw this trimming pot standing at the door, I looked at it knowing it, and wondered to see it there; and I went away, and he came after me and challenged me with stealing it; I did not meddle with it.

GUILTY (Aged 32).

Confined six months in the House of correction , publicly whipped , and discharged.

Tried by the second Middlesex Jury, before

Mr. RECORDER.

Reference Number: t17980418-100

335. THOMAS STENSON was indicted for feloniously, stealing, on the 8th of April , a gold watch, value 9l. a gold chain, value 30s. and a gold seal, value 10s. the property of Thomas Green , privily from his person .

THOMAS GREEN swron. - I am a cork-cutter : On the 8th of April, Easter Sunday, between eight and nine in the morning, I was in at the Craven-head in Drury-lane : I had been home the night before, and could not make my housekeeper hear; I had been taking a walk; I had not been in bed all night; the prisoner was in at the Cravenhead; he worked for me; and he addressed himself to me, as knowing me; we had a pot of beer together, along with one Wilson; Wilson went away; and Whilst he was gone, I put my head upon my hand and fell asleep in the box; Wilson came back again, and touched me on the shoulder, and said, we will go home.

Q.Had you been drinking in the course of that night? - A. Yes, I had; as we were going away, Wilson missed my chain, and said, where is your watch; I put my hand down, and missed it; stenson was gone then; I really thought he had taken it to carry it home; the landlord and I went after him, and about noon we found him at a public-house, but I cannot recollect what house it was, not what street it was in, it was about an hundred yards from where I lost it; I have never seen the watch since.

Two other witnesses were called, who were not able to give a better account of it.

NOT GUILTY .

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

Reference Number: t17980418-101

336. JEREMIAH FRANCIS was indicted for feloniously stealing, on the 4th of April , a wooden cask, value 4d. and 56lb. of butter, value 20s. the property of William Eastgate .

WILLIAM EASTGATE swron. - I live in the strand, I am a cheesemonger : On the 4th of April in the evening, after candle-light, two men came into the shop and asked for half a pound of Gloucester cheese; the prisoner at the bar was one of the men; I suspected them, and I took particular notice of them; when they were gone out, I missed a cask of butter; I went round the counter towards the New Church, but could not see any thing of them; when I came back, the prisoner was in custody, with the cask of butter; the patrol Gibbs had him in custody.

Cross-examined by Mr. knapp. Q. you lost sight of him then? - A. Yes, about ten minutes.

Q.And, during that time, he might have received the butter from some other hand? - A. Yes.

Court. Q. How is your house situated by the New Church? - A. No great distance; I live opposite the Savoy.

- HITCHCOCK sworn. - I am a lock-smith and bell-hanger: Mr. Eastgate sent me to Mrs. Read for a cask of butter, which I received from her, and took it to Bow-street. (The cask produced.)

JOHN GIBBS sworn. - I am a petrol belonging to Bow-street: On the 4th of this month I heard an alarm in the Strand of stop thief, and I saw a great number of people round the prisoner; I took hold of him, and asked what was the matter, and I was informed he had stole a tub of butter.

Q. Do you know any thing of your own knowledge? - A. No; he said he thought the people were going to murder him, he had not stole any thing; I secured him, and took him to the shop; and Mr. Eastgate said, this one of the men that came into his shop; Mr. Eastgate desired me to take him to Bow-street.

ELEANOR READ sworn. - I keep a chandler's shop, in Marygold-court, in the strand; Mr. Eastgate's side-door comes into the court; I went to throw some dirty water out of a pan, about seven o'clock in the evening, and I heard of the loss of a cask of butter from Mr. Eastgate's. Our court goes into another court; it is not a thorough-fare; the other court is called Bennett's-court. He put this cask of butter off his shoulder upon some gratings which look into a cellar where the water comes in; I let him put the cask of butter down, and let him go by our coal-shed door; I threw down the pan, and ran on tip-toe after him and collared him; my husband came to my assistance; and I said, this is the man that had the cask of butter upon his shoulder; my husband and I held him all the way down the court; he struck me several times, and the mob said we were murdering the man.

Q. Was your husband and you beating him? - A. No; but he struck me several times; my husband let him loose, and then I was obliged to let him go, for I could not hold him; he got away, and when I saw him again, he was in the hands of the patrol; that was in about ten minutes; I am sure he is the man.

Q. Was it light enough to distinguish his person? - A. Yes; I was sure he was the man.

Cross-examined by Mr. Knapp. Q. You never saw this man before? - A. Not to my knowledge.

Court. Q. This is a very narrow court? - A. Very narrow.

Q. Were there any lamps alight? - A. Yes, I think there were.

Q. And, though he was beating you and your husband, neither you nor your husband struck him at all? - A. Not till he got to the bottom of the court, and then I did over the head, but he got away directly.

Q. You lost sight of him for ten minutes? - A. Yes.

Q. And when he was brought back, he was in custody? - A. Yes.

Q.Therefore you knew you should find a man in custody? - A. Yes.

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

GUILTY (Aged 27.)

Confined three months in Newgate , publicly whipped , and discharged.

Tried by the second Middlesex Jury before

Mr. COMMON SERJEANT.

Reference Number: t17980418-102

337. WILLIAM HORRIBIN and JOHN PITTMAN were indicted, the first for feloniously stealing, on the 5th of March , five gallons of lamp-oil, value 13s. 6d. the property of Joseph Lucas , Christopher Spencer , and Thomas Tuckey ; and John Pittman for receiving the same, knowing it to have been stolen .(The indictment was stated by Mr. Knapp, and the case by Mr. Knowlys.)

JOHN NEWLIN sworn. - Examined by Mr. Knapp. I am a carpenter, pump, and engine-maker: The prisoner Pittman lives at the corner of Dyot-street, St. Giles's ; on the 5th of March, about seven o'clock in the evening, I was standing at the pump opposite Mr. Pittman's door, I observed another man along with the prisoner Horribin go into the house of Mr. Pittman; I immediately crossed over the way, and leaned upon the post just against the door to see what passed; the door was about three parts open; then I saw the other man take this cann off Horribin's man's head, (producing it); at going in, he made a stop, and some oil poured out at the nozle; they both appeared to be lamplighters; then Horribin poured it out, and Mr. Pittman put it into his cistern; then I saw Mr. Pittman give him half-a-guinea and some other money, I could not discover what; I followed him to his master's house, and gave him information of it; the master told me to see if I could see any body go into this shop again. On the 7th -

Mr. Knapp. We must not hear that.

Newlin. Horribin was taken up, I believe, on the 10th of April; I took him myself in Dyot-street.

Q. The moment you saw this, you went and informed the master? - A. Yes; I followed him home, and he set the cann at his master's door.

Q. Are you sure that is the kettle? - A. I think it is, but I cannot say; I picked it out from the ranks, where there were a great number of them, and the master said that was the kettle.

Cross-examined by Mr. Const. Q. You describe yourself to be a carpenter-are you a carpenter? - A. Yes; I follow the trade.

Q. Are you any other business? - A. No.

Q. Have you never been employed by Police-officers? - A. No.

Q. What day was this? - A. Monday morning the 5th of March.

Q. And when was he taken up? - A. I think the 10th of April.

Q. Five weeks afterwards? - A. Yes; the master wished me to watch to see if he could not catch him with more.

Q. You saw the half-guinea that Pittman gave him? - A. Yes.

Q.And you saw some oil pour out of the nozle of the kettle? - A. Yes.

Q. Did you say that in your first information? - A. I cannot say.

Q. Do not you know that you never thought of it till you found it necessary to prove it was oil? - A. I think I mentioned it to the Magistrate at Bow-street, I know it to be true that it did run out of the nozle of the kettle.

Q. You had seen nothing but the kettle before till that circumstance? - A. I saw it poured twice into the measure, and after that is the cisten.

Q.And you swear that that is the kettle? - A. I went down to the door of the office, and looked at the kettle, it was marked No. 10.

Q. Will you swear that you saw it marked No. 10 before? - A. No, I will not; I know it by the nose being bruised; the nose being so short that there is no other kettle like it in the whole boiling.

Mr. knapp. Q. What induced you to watch? - A. The inducement I had to watch was, I had seen several people many times going into this shop with oil in canns, and I have seen the prisoner Horribin go into the shop repeatedly with a cann full of oil.

Mr. Const. Q. Did your conscience suffer you to see that repeatedly? - A. I stopped till I could not bear it any longer; I was determined to know whether they had any perquisites.

Q. Do you mean to swear they were full? - A.Apparently, from the weight of their carrying it; I waited till I saw the money was paid.

Q. Now I want to know why it was worse that time than any time before? - A. I had seen them several times, and that made me watch.

THOMAS TUCKEY sworn. - Examined by Mr. Knowlys. I am a contractor for lighting lamps, in partnership with Joseph Lucas and Christopher Spencer; the prisoner was our cellar-man, at the lamp-office, in Phoenix-street, St. Giles's.

Q. Do you know Mr. Pittman's shop? - A. Yes; about 4 or 500 yards from our cellar.

Q. Did you receive any information from the last witness, respecting your servant Horribin? - A. Yes, on the 5th of March, a little after eight.

Q. Did you see any kettle? - A. Yes; Newlin pointed it out.

Q. you did not apprehend the prisoner till some time after? - A. No.

Q. What was the prisoner's duty? - A. To measure the oil; he was among tons and tons where he was at work.

Q.Is it possible to miss by your eys two or three gallons? - A. No.

Cross-examined by Mr. Gurney. Q. In point of fact, you did miss it? - A. No.

Q. Upon this charge being made, some weeks afterwards, Mr. Pittman surrendered himself, did not he? - A. No; Mr. Bond sent for him.

Q. But he went without being taken up by a warrant? - A. Yes.

Q. What might be the value of as much oil as that? - A. About five gallons are worth 13s. 6d. the cann holds about five gallons and a half.

Q. Therefore, if he gave more than half-a-guinea, it was not much under the value? - A. No; it is worth 2s. 8d. a gallon, that is what it cost us; the common price is 3s. 6d. a gallon.

Q. An oilman would not give 3s. 6d. for it? -No.

Court. Q. How much oil may you have at a time? - A.Sometimes we have 200 tons in the warehouse at a time.

Horribin's defence. I am innocent of any thing of the kind.

Pittman's defence. I am quite innocent of the charge.

The prisoner, Pittman, called six witnesses, who gave him an excellent character.

Mr. Tuckey. I never had reason to suppose that Horribin had been guilty of any thing of this sort before.

Horribin, GUILTY (Aged 33.)

Transported for seven years .

Pittman, GUILTY (Aged 47.)

Transported for fourteen years .

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

Reference Number: t17980418-103

338. JAMES LANDER was indicted for feloniously stealing, on the 19th of January , two trunks, value 10s. the property of James Haviland ; eight linen shifts, value 2l. two linen gowns, value 1l. 1s. two muslin gowns, value 1l. 1s. four white dimity petticoats, value 1l. 10s. part of a muslin frock, value 5s. and four calico bed-gowns, value 12s. the property of Ann Haviland , spinster ; ten linen shifts, value 2l. 10s. a linen gown, value 10s. 6d. a gingham gown, value 10s. 6d. two white dimity petticoats, value 15s. four linen aprons, value 6s. four linen night-caps, value 3s. six calico bed-gowns, value 18s. a Russia sheet, value 10s. 6d. a Holland sheet, value 12s. 6d. two cotton nightcaps, value 2s. and two linen bed-gowns, value 6s. the property of Jane Haviland , spinster ; a woollen cloth frock coat, value 16s. a woollen cloth waistcoat, value 7s. a pair of woollen cloth breeches, value 18s. eight linen shirts, value 2l. eight pair of worsted stockings, value 8s. two flannel waistcoats, value 3s. two woollen cloth waistcoats, value 6s. four calico bed-gowns, value 12s. four cotton night-caps, value 4s. and six linen handkerchiefs, value 4s. 6d. the property of James Haviland , the younger; a woollen jacket and trowsers, value 8s. eight linen shirts, value 2l. eight pair of worsted stockings, value 8s. eight linen handkerchiefs, value 4s. four cotton nightcaps, value 4s. four calico bed-gowns, value 12s. four linen pin-asores, value 4s. and three flannel waistcoats, value 3s. the property of John Haviland .(The case was opened by Mr. Gurney.)

JAMES HAVILAND sworn. - Examined by Mr. Gurney. I live at Bath: On the 19th of January, about eight o'clock in the evening, I took a coach

from Webber-row, St. George's-fields, to the Saracen's-head, Snow-hill ; I had in the coach with me, two sons and two daughters, and two trunks.

Q. Who was the coachman that drove you? - A. The prisoner at the bar; I desired him to drive into the yard; he said, it was not allowed; I said, go in, and ask why it is not allowed; he went, and came back, and said, it was not allowed; I desired him to tell the book-keeper to send out a porter or two to take the trunks in; he went into the yard, and brought out two men with him.

Q. Does the yard immediately join the street, or is there a passage? - A. There is a sort of lane.

Q. Could you see whether he went to the bookkeeper's office or not? - A. I could not; he was back in about a minute, with two men; I asked him if these two men were sent out by the bookkeeper or not; he answered they were; are they the porters of the yard, I asked; he said, yes; I handed the trunks out to the coachman to give to these men; after the trunks were delivered to the men; I was taking the number of the coach, 496, and also taking care of the children.

Q. After they had taken the trunks, did you observe which way they went? - A. I did not; after I had paid the coachman, and taken the number of the coach, I went up the yard; I should tell your Lordship, that when I was going away, I observed a porter's knot in the coach, I did not observe it while I was in the coach; I went up to the coach-office and enquired for my trunks, they were not there; I then went after the coachman, and found him upon the stand at the Old-Bailey; I asked him who those two men where that he brought out-did you see the book-keeper; he said, yes, I went into the coach-office; did you go into the book-keeper's office; he answered, I went into the office and saw the book-keeper, who told him he might bring them himself and be d-d; that he then met the two men to whom he delivered the trunks; I said, how could you tell me that the book-keeper sent out the two porters of the yard; says he, I know nothing about it, you may do as you can; I told him, you must come back to the book-keeper's office, and let the book-keeper see you; the porter and myself went back, and the prisoner followed; but when he came back, he acknowledged that he had not been into the book-keeper's office; he was at that time confronted by the book-keeper; the bookkeeper declared he had not seen him; then he went away; as I knew the number of the coach, I thought he would be easily found; on the Monday morning the prisoner and I were both at the Hatton-Garden office together.

Q.Was what he said taken in writing? - A. I cannot say, I think not; the prisoner said, there were no boxes put into the coach; and then he said, he saw them put in, but he never saw them taken out; I delivered them out of the coach into his hands, and I have never found them since.

Cross-examined by Mr. Knapp. Q. You gave them into his hands as he gave them into the hands of the two persons that came with him? - A. Yes.

Q. There was no difficulty in finding him, you went to the nearest stand, not an hundred yards from the Old-Bailey? - A. Yes.

Q. You know the Saracen's-head pretty well, yourself? - A. Yes.

Q. Do not you know that there are two bookkeepers? - A. I do not know.

Q. Do not you know there are waggons go from the Saracen's-head as well as coaches? - A. Yes.

Q. The prisoner has been admitted to bail, and has surrendered this day to meet his trial? - A.Certainly.

JOHN BOOTH sworn. - Examined by Mr. Gurney. I am book-keeper to the coach-office, at the Saracen's head.

Q. Do you recollect Mr. Haviland coming there in January last? - A. I do.

Q. Did you see the prisoner at the bar that evening? - A. Yes.

Q. Had that person been in your office the evening before? - A. No.

Q. Then I need scarcely ask you whether you told him to fetch the trunks himself and be d-d? - A. No.

Q. Was any application made to you, by any person, to fetch trunks from a hackney-coach? - A. No.

Q. Mr. Haviland and the porter went after this man, and brought him back? - A. Yes; and when he came back, he acknowledged that he had not been in the coach-office.

Q. Did he pretend to say he had been in any other office? - A. No.

Q. Did he then say he had been in the waggon-office? - A. No.

Cross-examined by Mr. Knapp. Q. There are two book-keeper offices in this yard, one for waggons, and another for coaches? - A.Certainly.

Q.What time in the evening was this? - A. I am not clear, I believe about nine o'clock.

Court. Q. Is there only one coach-office? - A. No; and only one waggon-office.

Mr. Knapp. Q.Will you take upon yourself to recollect the different persons that came into your office, or the purposes that they came for? - A. Not particularly; I do not know what you allude to.

Q. You have porters employed by the inn? - A. Yes.

Q. And they do not always go to the coach-office before they go to the coach? - A. No.

Mr. Gurney. Q.Did this circumstance of Mr. Haviland coming to you occur on any other evening? - A.Certainly not; that is the only circumstance I have reason to look at.

Court. Q. Are your porter weekly porters? - A. We have three descriptions of porters; there are house-porters, coach-porters, and other porters If a gentleman comes to the yards in a coach, it is usual to send up to the office to ask for porters to fetch up the baggage.

Court. Q.Suppose I call out porter at the end of the yard? - A. It is impossible a porter might come down.

Q. How are they paid? - A. The regular porters are paid by the week.

Mr. Gurney. Q. There are no porters ply there as they do at the Temple or the 'Change? - A. No.

Mr. knapp. Q. If a carriage comes to the bottom of the yard, and they call out porter, would nor either a waggon-porter or a coach-porter come down? - A. Yes.

WILLIAM RUEY sworn. - Examined by Mr. Gurney. I am book-keeper to the waggon-office of the Saracen's-head.

Q. Look at the prisoner, do you know him? - A. No, I do not.

Q. Do you recollect hearing of trunks being lost at your inn? - A. Yes.

Q. Did he come to your office? - A. No; if he had. I should have sent him to the coach-office.

Q.Have you any recollection of any body coming to you that evening for a porter? - A. No.

Cross-examined by Mr. knapp. Q.Whether this man came to your office and asked, upon a particular day, for a porter, can you swear that? - A. I cannot swear any thing about it, I always direct them to the coach-office.

ELLIS HUGHES sworn. - Examined by Mr. Gurney. I am porter at the Saracen's-head.

Q. Do you recollect Mr. Haviland coming there in January last? - A. I do, I went with him to find the hackney coachman; we found him in the ranks; that is him at the bar. Mr. Haviland asked him who he had delivered the trunks to, and he said, he had been to the coach-office, and got a porter to fetch them. Mr. Haviland told him there was no luggage brought into the house nor to the coach-office; he said, he had been to the coach-office, and the book-keeper had desired him to bring them up himself, and be d-d; he spoke to Mr. Haviland in a very insolent manner, and he might do what he could. Mr. Haviland took his number.

Q. Did you happen to call that coach again that evening? - A. Yes.

Q. Did you look in the coach when you called it? - A.No; I opened the door, and let a gentleman in.

Q. Did you see a porter's knot in the caoch? - A.No.

Cross-examined by Mr. Knapp. Q. You found this man upon the Old-bailey stand, close to the Saracen's-head? - A. Yes.

Q. How long after this? - A. A quarter of an hour.

Q. He might have drove down to Bridge-street in that time, or Holborn-hill? - A. He might.

Prisoner's defence. I am innocent of the charge; the porter came down the yard, it was late at night and very dark, I did not go into the warehouse, but as soon as I got into the yard, I called out, porters, and two men came; I did not know but they were porters belonging to the yard. The gentleman and the four children, and the porters, all went up the yard together.

Court. (To Haviland.) Q. Did you see what became of those two men after you had given them the trunks? - A. I did not, the trunks went some time before me, I stopped to pay the coachman.

The prisoner called eight witnesses, who gave him a good character. NOT GUILTY .

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

Reference Number: t17980418-104

339. JOHN HUMPHREYS was indicted for breaking and entering the dwelling-house of James Clarke , about the hour of three in the night of the 4th of April , with intent the goods of the said James burglariously to steal, and stealing, a canvass bag, value 2d. 63 guineas, 69 half-guineas, 60 seven-shilling pieces, eight base shillings, value 8d. a base sixpence, value 1d. 33l. 8s. 5d. in monies numbered, a Bank-note, value 20l. another, value 10l. eight other Bank-notes, each of the value of 5l. 15 others, each of the value of 2l.64 others, each of the value of 1l. an order for the payment of money, value 311l. 17s. 6d. three other orders for the payment of money, each of the value of 10l. another, value 7l. 6s. two others, each of the value of 5l. and one others order for the payment of money, value 4l. 2s. the property of the said James .(The case was opened by Mr. knapp.)

JAMES CLARKE sworn. - Examined by Mr. knapp. I am a cheesemonger , on Snow-hill ; On the 4th of April, I went to bed about one in the morning; at a little past four there was a great noise at the door, and a ringing of the bell, from which I learned that the house had been broke open; the cellar window was forced open; I called my man up, and went round the premises, and found every other part fast; the staple had been drawn.

Q. How does the cellar communicate with the house? - A. From the front of the street.

Q. Can you get into the house by means of the cellar? - A. Yes.

Court. Q. How was it forced open? - A.There ws a large bar, and the padlock forced from the bar, and then by pushing the bar on the one side, any person could go down into the cellar.

Q. Where had you put the proprty that you lost over night? - A. All within-side of my desk in the

shop; part of the guineas were in a bowl, part of them in a paper, and part of them in a bag; the shillings were part in a bag, and part in a bowl; the notes were part in a bowl, and part in a bag; those of them that were in the bowl were inclosed in a paper; there was wrote upon one paper the name of Reynolds; there were Bank-notes and cash in that paper, and there was a draft for 311l. 17s. 6d.

Q. Did you see the prisoner the next morning? - A. Yes; and saw him at the watch-house.

Q. Was the desk broke open? - A. Yes, I had the key; the first time I saw the prisoner, was about half past four, in custody of Metcalf, at the watch-house, and there I saw my property upon the table.

Q. Was that the same property that you had secured the night before in your desk? - A. It was.

Q. Do you know any thing of the prisoner? - A. No; I never saw him, that I recollect, till the 5th of April. I am not sure, in the hurry, whether the accompting-house door was broke open or not, but the accompting-house window was thrown up, and I suppose he made his escape that way.

Q. Where did he make his escape to? - A. He was pursued by the watchman and patrol, and was taken as he was going up Holborn hill.

ROBERT METCALFE sworn. - I am a patrol of St. Sepulchre's: On the 5th of April, in the morning, about a quarter after five, going past the prosecutor's house, I saw the prisoner at the bar stooping at the cellar window of Mr. Clarke's house, I heard the cellar window shut to, I crossed the way and put my hand against the shutter, and found it was open; I kept my eye upon him, and called to a watchman to spring his rattle, which he did. At the end of the King's-arms gateway, he threw down a coarse apron, containing papers of halfpence and penny pieces, one paper contained five guineas worth, I believe; I pursued, and was stopped by the watchman, and when I was stopped, he crossed over directly from Field-lane towards Shoe-lane, and there he was stopped by the St. Andrew's inspector, Howard, and there I lost sight of him in turning the corner.

Q. Are you sure the prisoner is the man? - A. Yes. Then I went to let Mr. Clarke know, and he went with me to the watch-house.

ROBERT SLY sworn. - Examined by Mr. Knapp. I picked up a bundle containing five guineas-worth of halfpence and penny pieces, the prisoner dropped it directly against my box from under his arm; I carried it over to my watch-box, and the patrol, Metcalf, carried it to the watch-house; I delivered it to him.

Metcalf. When I received it from Sly I took it to the watch-house, and delivered it to Mr. Clarke.

JOHN HOWARD sworn. - Examined by Mr. Knapp. I am an inspector of lamps; I stopped the prisoner and took him to the watch-house; I found 708l. 15s. 51/2 in gold, silver, copper, Bank-notes and checks (The property is produced).

Mr. Clarke. I lost all this property; here are two 1l. Bank-notes which both have my hand-writing upon them; and here is half of a 30l. note, the other half of which I have now in my pocket.

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

GUILTY Death . (Aged 35.)

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

Reference Number: t17980418-105

310. AUGUSTUS SEATON , THOMAS CLIFTON , and HANNAH LYONS , were indicted, the two first for breaking and entering the dwelling-house of John Nicholson , about the hour of five in the night of the 10th of February , and stealing a gold watch, value 10l. a watch gilt, with an enamelled case, value 4l. three other watches with gold cases, value 18l. a watch in a silver case gilt with gold, value 4l. another watch with a silver case, value 4l. six gold ear-rings set with pearls, value 6l. 27 leather ring-cases, value 12s. 24 cornelian stone seals set in gold, value 20l. three crystal seals set in gold, value 2l. 66 gold rings, value 18l. a pair of gold sleeve buttons, value 1l. a gold enamelled bracelet set with a brilliant, value 1l. four pair of gold enamelled bracelets, value 10l. two other gold enamelled bracelets, value 2l. two gold watch-cases, value 2l. two pair of gold bracelets, value 16s. another gold bracelet, value 5s. three pair of metal bracelets with gold tops, value 8s. two pair of metal bracelets, value 4s. a gold watch-chain, value 30s. a silver breast plate, value 16s. 24 base metal lockets with gold joints, value 10l. seven gold sausses montres, value 15l. a miniature picture set in gold, value 2l. three gold lockets, value 1l. two miniature paintings on ivory, value 1l. three ivory boxes ornamented with gold, value 1l. a tortoise-shell box mounted with silver, value 4s. five tortoise-shell snuff-boxes ornamented with gold and silver, value 30s. three neck gold chains, value 5l. four pair of silver knee-buckles, value 8s. two silver knee-buckles, value 2s. a pair of stone knee buckles set in silver, value 6s. two bunches of patent pearl beads, value 1l. seven pair of silver sugar tongs, value 2l. four gold watch-cases, value 4l. two gold watch-hooks, value 30s. a gold locket-buckle set with pearls, value 1l. and a pair of pearl bracelet buckles, value 6s. the property of the said John, in his dwelling-house ; and Hannah Lyons for feloniously receiving, on the 11th of February , part of the above-mentioned goods, knowing them to have been stolen .(The case was opened by Mr. Knapp.)

JOHN NICHOLSON sworn. - Examined by Mr. Knapp. I am a jeweller in Cornhill : On Friday, the 9th of February I went to bed about half past

twelve at night; my boy sleeps in the shop; I was the last person up; I made the shop secure; I never leave the shop without seeing it secured; the next morning, a little past seven, I was awaked by a violent ringing of the shop bell; I went down stairs, and found the shutter of the shop window cut through, and the property gone as far as two squares of glass.

Q. How was it cut through? - A. By means of a centre-bit.

Q. What sort of an aperture was it? - A. Large enough to admit an arm in up to the shoulder, because I tried it. Upon looking, I found the most valuable part of my property in the lower window gone; watches, seals, rings, bracelets, and a number of articles stated in the indictment, to the amount of upwards of 200l.; how much more I cannot say; there were seven or eight pair of sugar tongs, I think eight, and there was a silver breast-plate, which I make for the Artillery Company; there were two or three hoop rings, and the settings of some pictures.

Q. I am asking you as to those things that are found? - A. Yes, and many other articles. I gave information at Bow-street immediately, but heard nothing for a fortnight; I got my information from the accomplice (Clark, otherwise Lewis); in consequence of which, I went with Armstrong, Harper, Peach, and Wray, to the sign of the Trumpet, in Shire-lane, Temple-bar; I found Clifton and Seaton there; I went in first, and knew them to be the men by the description given me; in consequence of that, the officers put them in a coach and took them to Coldbath-fields; from thence we proceeded to some lodgings in Pinner's-court, Gray's-inn-lane, but they were locked; then we went to other lodgings in Wych-street, Temple-bar; there we found Mrs. Seaton, but no property; we took Mrs. Seaton back with us to Pinner's-court; and there, in a tumbler upon a shelf in the fore room, I found a ring, which I am very sure is mine; in a small trunk in the back room, which is a bed-room, I found a pair of silver sugar-tongs, which are mine, and I am sure were in my house the night previous to the robbery; the next day the prisoners were had up to Worship street and examined; I swore to the property found; I also got a warrant to search the house of one Thomas Dudfield , in Flower-de-luce court, Fetter-lane.

Q. Did you hear Seaton say any thing about his lodgings? - A. Yes; he owned the lodgings in Pinner's-court to be his before the Magistrate. I went with the officers to Dudfield's lodgings; there we found the woman prisoner, Hannah Lyons , who searched the house, and on the ground-floor, in the bureau, found a silver breast-plate, which I am pretty sure was mine, but it had been so defaced by filing the engraving away, that I hardly knew it again, but I am sure it is mine; Mrs. Lyons was in bed when we went in, and she said there was no property there but what was her's; when these things were found, she said the knew nothing of them; and did not know how they came there; there was an enamelled watch which had the appearance of being cut up, that I do not mean to swear to; I lost an enamelled watch; I did not find any thing else there; she was taken into custody, and committed by the Lord-Mayor.

Cross-examined by Mr. knowlys. Q. You went to search the house of Thomas Dudfield? - A. Yes.

Q. And now then call that woman at the bar Hannah Lyons ? - A. Yes.

Q. Do not you know that the passed as Mrs. Dudfield? - A. Yes.

Q. She was found in her husband's bed? - A. Yes.

Q.And ordered the girl to strike a light, to shew you whenever you pleased? - A. Yes.

Q. You have indicted him for receiving? - A. Yes; but have not been able to find him.

Cross-examined by Mr. Gurney. Q. You went to Gray's-inn-lane to search some lodgings - whose were they? - A. Seaton's.

Q. How do you know that? - A. He acknowledged them to he his.

Q. Perhaps there are more stairs than one? - A. Yes; we found those things upon the ground-floor.

Q. You do not mean to say, that he pointed out that particular floor as his lodgings? - A. He said that the ground-floor was his lodgings.

Q. Were there more rooms than one upon the floor? - A. Yes.

Q. Therefore there may be two lodgings, for any thing you know, upon the ground-floor? - A. There were two rooms, one went out into the other; there is no communication into the back room, without going through the front room.

GEORGE BATEMAN sworn. - Examined by Mr. Knapp. I am servant to Mr. Nicholson: I slept in the shop the night the robbery was committed; I was alarmed a little after seven in the morning by some persons at the door saying the hole was big enough for either two fingers, or two hands.

Q. And you missed the property that your master has spoke of? - A. Yes.

JOHN TATTON sworn. - Examined by Mr. Knapp. I am a hackney-coachman: I was upon the stand in Cornhill, on the 10th of February, Sunday morning.

Q. Do you remember hearing of Mr. Nicholson's house being robbed? - A. Yes; I remember hearing of it the next day.

Q. Did you see any person about the premises that you should know again? - A. There was a tall man and a short man, and three or four others.

Court. Q. What time was it you saw them? - A. From a little before one till a quarter after three.

Mr. Knapp. Q.Should you know either of them again? - A. There was one that I think I should know. (Clark called in.) That man I saw more than twenty times in the night; he was in company with two more; and that man in the white waistcoat (Clifton) is very much the size of one of them; he had a light-coloured coat on them.

Q. Did these people say any thing to you in the course of the night? - A. The tall man spoke to me; he asked me what the coach was standing there for, I told him I was about my business, as I supposed he was about his; my coach was on the stand, within about four doors of Mr. Nicholson's house; Clark moved my hat over my eyes as I sat; I was neither asleep nor awake; I asked him what he did that for, and he said, he was only larking, or joking, or something of that sort.

Court. Q. What did these men seem to you to be about? - A. I cannot tell what they were about; they kept passing me, sometimes on one side of the way, and sometimes on the other.

Q. You observed Clark-did not you observe the other? - A. Yes.

Q. How often did you see them at the Justice's? - A. A fortnight after.

Q. Did you know them again? - A. The one in particular, and the tall one; and I thought I knew Clifton, but I could not swear to him.

Q. What do you think now? - A. He is like the person that was there.

Q. What became of you at three o'clock? - A. I went home, and put my coach up.

Q. You did not think it a part of your duty to tell the watchman there were some fellows lurking about? - A. I never thought any thing of what they were about; the watchman saw them pass and repass as often as I did.

JAMES LEWIS , otherwise CLARK, (an accomplice) sworn. - Examined by Mr. Knapp. Q. Do you know the prisoner at the bar? - A. Yes. On Friday the 9th of February, Seaton and I were walking up Cornhill, and we observed a boy taking down the shutters of Mr. Nicholson's shop, the corner of St. Peter's-alley; that was about half past seven in the morning; I said to Seaton, there is a boy taking down the shop shutters, and they do not appear to me to be lined with iron; accordingly we went over the way, and Seaton looked at them; Seaton said to me, no doubt but we might cut a piece out of them; accordingly we went away, and met the same evening at the Trumpet in Shire-lane, myself, Seaton and Clifton; we told Clifton what we had seen in the morning, and we agreed to go on the Saturday night to cut a piece out of the shutter; accordingly we met the next night at the same house, the Trumpet, and staid till half past two o'clock in the morning; from thence we went to this house, the corner of St. Peter's-alley, and Seaton, with implements that he had got, cut a piece out of the shutter.

Q. What implements were they? - A. What we call a spike-bit, and a chissel; after the piece was cut out of the shutter, the window was broke by cutting the shutter, a great quantity of property was taken out, watches, rings, seals, and bracelets.

Court. Q. Who put his hand in? - A. I did myself, and Augustus Seaton.

Q. Did any body else? - A. No; Clifton was standing by on the pavement; I and Clifton received part of the property that was taken out by Seaton to take it away; after that, we went to Seaton's house, in a court in Gray's-inn-lane, I do not know the name of it, and there they were sorted by the receiver in two different parcels; accordingly myself and Seaton, and Clifton, took them to a house in Flower-de-luce-court, Thomas Dudsfield I heard his name was, but I do not know the man; we took one half of the property then, and Seaton knocked at the door, and a man looked out of the window that I never saw before, I understood it was Dudfield, he came down to the door, and opened it, he shewed Seaton and I up into his bedroom, Clifton staid in Fetter-lane; Seaton and the man agreed for the property, the woman at the bar was there at the same time, sitting upright in the bed, I stood behind them while they were agreeing for the property; there were two gold watches, several seals, rings, sugar-tongs, ear-rings, bracelets, necklaces, &c. Seaton asked eighteen guineas for the property; Dudfield said, he could not afford to give any more than twelve guineas; the woman at the bar replied, she did not think her husband could afford to give more than twelve guineas, upon account of the tax that had been laid upon gold watches at that time; then Dudfield said, he would give thirteen guineas for them, he gave the money to Seaton; as we came out of Dudfield's house, we met with Clifton, and we all three went to Seaton's house in a court in Gray's-inn-lane; we told Clifton what money we had got for the property; then we agreed that Seaton should take the remainder of the property to Dudfield's house.

Q. Did you divide that money? - A. No. Seaton kept it; Clifton and Seaton went back again to go to Dudfield's house, but I did not go with them.

Q. At any time did you receive any part of this money? - A. After they came back, which was in about three quarters of an hour, they told me they got fifteen guineas more for the remainder part of the property, and then it was all equally divided amongst us three.

Q. Had you any other implements about you than you have described? - A. Each of us had a pistol.

Q. Had you any thing else besides pistols? - A. Not to my recollection.

Cross-examined by Mr. Gurney. Q.You were taken up upon a charge of burglaries and robberies? - A. Yes.

Q. You began to be frightened with the idea of the gallows? - A. No; I was not frightened with any idea of coming to the gallows for what I was apprehended for.

Q. Did not you begin to think you might come to the gallows before you wished for it? - A. No doubt.

Q. You knew if you got somebody else to take your place, and swear against some other persons, they would be hanged and you saved? - A. Yes.

Q. And then it was after you had been in custody a week, or a fortnight, that you made this charge upon these young men? - A. In less than that.

Q. You staid at the Trumpet till half past two, and then you went to Mr. Nicholson's house? - A. Yes.

Q. Then you could not have been one of the persons who was walking about Cornhill from one o'clock till three? - A. We were there by half past two.

Q. I say, you could not be one of the persons who were walking about Cornhill from one till three? - A. I do not know.

Mr. Gurney. Then I am sure I will not ask you a single question more.

Court. Q. When you got to Cornhill, what did you do with yourself? - A. I stood on the opposite side of the way to Mr. Nicholson's house.

Q. Did you observe any thing there particular? - A. No, nothing at all.

Q. Did you observe any carriages? - A.Three coaches on the stand, and they drove away very soon afterwards, in about an hour.

Q. Were you standing still all that time? - A. No, walking backwards and forwards opposite Mr. Nicholson's house.

Q. You did not join the other two at all? - A. Not till the piece was cut out of the shutter.

Q. Did you speak to the coachman? - A. No.

Q. Did you do any thing to him? - A. No.

Q.Recollect yourself? - A. No farther than walking past him; I did not do any thing to him.

Q. Did you touch him? - A. No; I walked past him several times, and looked at him, that was all.

Q. Are you sure you did not do any thing to him at all? - A. Yes.

Q. Did not he speak to you? - A. He was standing up against the door of a house.

Q. Did you touch his hat? - A. No.

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

Q. At what house was he sitting? - A. At a house opposite his coach.

Q. You did nothing till the coaches were drove away? - A. The coaches drove away before the property was taken out of the shop.

JOHN ARMSTRONG sworn. - I am an officer belonging to the Police-office, Worship-street: I apprehended Seaton, in company with the other officers, at the Trumpet, in Shire-lane, on Tuesday the 22d of February; I afterwards went and searched Clifton's lodgings, where I found a woman whom I took to No. 4, Pinner's-court, Gray's-inn-lane, and there I found these pick-lock keys,(producing seven), upon the ground-floor; Wray has got the other things.

Cross-examined by Mr. Gurney. Q. You attended the examination at the Magistrates? - A. Yes.

Q. Do not you know that the examination of Seaton was taken in writing? - A. There was none of it taken in writing.

Q. Are you sure of that? - A. I am very sure of it.

Q. Were you there when Mr. Nicholson was there? - A. Yes.

Q.Therefore you cannot swear to its contents? - A. No.

JOHN WRAY sworn. - Examined by Mr. Knapp. I am an officer belonging to the same office: I went with Armstrong and the other officers; after he was apprehended we went to Seaton's apartments, in Pinner's-court, Gray's-inn-lane, and in the backroom, upon the ground-floor, I opened a box, and found a pair of sugar-tongs, which Mr. Nicholson claimed; also a pearl ring, and a sixteenth of a lottery-ticket, which Seaton said was his, that was found in the same place where I found the other things, and where I found a great number of duplicates.

Mr. Nicholson. I have no doubt of these tongs being my property, it has my private mark upon it, L Z K; the ring has been marked, but it has been taken out, I believe it to be mine.

Mr. Gurney. Q. If you had come to my house and found this ring, would you have supposed it to be your's? - A. No.

Mr. Gurney. Q. When you sell sugar-tongs, and other articles, do you not sell them with a private mark upon them? - A. Yes.

Mr. Knapp. Q.Upon the whole, are you able to say that these are your property? - A. Yes.

JOHN CLARK , sworn. - Examined by Mr. Knapp. I apprehended the woman prisoner in a house in Flower-de-luce-court; in a bureau I found a breast-plate very much defaced, and the setting of pictures.

Mr. Nicholson. This contained my picture, which Mrs. Nicholson wore; I am sure it is mine.

Clark. Cross-examined by Mr. Alley. Q. I believe you know that this woman has lived with Dudfield for a great many years, who has gone away? - A. Yes.

Q. You know that they lived together as man and wife, and she has had several children by him? - A. Yes.

WILLIAM BURROWS sworn. - Examined by Mr. Knapp. I live at No. 4, Pinner's-court, Gray's-inn-lane.

Q. You let lodgings? - A. Yes.

Q. Who did you let the ground-floor to? - A. One Mr. Seaton, I believe, but I do not know any thing of him; I cannot swear to him.

Q. Go to the bar, look at him? - A. That is the man.

Seaton's defence. Mr. Nicholson said, before the Justice, that he could not swear to the ring.

Clifton's defence. I am innocent of the crime that I am charged with.

The prisoner Clifton called two witnesses, who had known him from ten to sixteen years, and gave him an excellent character.

Seaton, GUILTY Death .

Clifton, GUILTY Death .

Lyons, NOT GUILTY .

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

Reference Number: t17980418-106

341. MARY BROWN was indicted for that she, together with another person to the Jurors unknown, on the 22d of March , in the dwelling-house of John Brown, upon James M'Cormick did make an assault, putting him in fear, and taking from his person, a pocket-handkerchief, value 6d. a man's swansdown waistcoat, value 3s. a pair of thickset breeches, value 7s. a Bank-note, value 2l. and five other Bank-notes, each of the value of 1l. the property of the said James .

JAMES M'CORMICK sworn. - On the 22d of March, about the hour of nine in the evening, I was coming past the prisoner's door, she and another woman, whom I do not know, stopped me at the door and took hold of me by my coat, and insisted that I should go in to treat her; I told her I was going home to my quarters, and I could not, I am a seafaring man ; they got me in, and then they shut the door to, and insisted that I should stay all night; they would not let me go, and the bundle that I had in my hand, containing a waistcoat and a pair of breeches, the prisoner took out of my hand against my will and inclination, and insisted that I should send for liquor; upon which I sent for a shilling's-worth that I might extricate myself the sooner, and she sent the other girl for the liquor, and it was brought; the prisoner insisted that I should set down in a chair till the liquor was brought in; when that was drank, she would not let me go, I must either send for more liquor, or I must not go our of the house for that night; I sent for another shilling's-worth, and she sat down close by me with her hand across my thighs; when the girl came in with the liquor I put my hand down immediately to my breeches pocket, and missed five Bank-notes of 1l. and one of 2l. they shoved me out of doors, and kept the bundle, it contained a new waistcoat and new breeches; they looked the door. I waited at the door for a watchman, and he did not come by for nine or ten minutes; I called out, watchman, two or three times; from thence I proceeded up to the Highway, and met a watchman coming down East-Smithfield.

Q.Where was this? - A.In Black-house-yard, leading to Ratcliffe-highway. I requested the watchman to let me stay with him till the morning. This happened on the Thursday night, I did not find her again till the Monday after; the officer found a note concealed under her arm; the waistcoat and breeches were pawned in the Minories.

Q. Are you sure the prisoner at the bar is the woman? - A. Yes, that is the woman that pulled me into the house against my will, and took my bundle from me, and my money.

Prisoner. Q. Did not you search several other houses, and kept two women in trouble for eight days before? - A. I never fixed upon any other woman but her.

JOHN SHEPHERD sworn. - I am a pawnbroker, servant to Mr. Windsor, in the Minories: (produces a swansdown waistcoat and a pair of thickset breeches): they were pledged on Saturday the 24th of March, by a woman, in the name of Mary Brown, I believe it was the prisoner, but I cannot swear that.

Prosecutor. I know this to be my property.

JOHN COOKE sworn. - I am an officer belonging to the Police Office at Shadwell: On Monday, the 26th of last month, I apprehended the prisoner at the bar in Angel-court, Nightingale-lane; in searching her. I found a 1l. note under her arm between her skin and her shift, and in her pocket a seven-shilling piece; I produced the note before the Magistrate, and the prosecutor did not know it.

Prosecutor. I lost some gold, but I cannot tell what.

Prisoner's defence. I never saw the prosecutor in my life till he came to take me up; he said, he believed me to be the person; he went to my mother, and said, if she would give him 4l. he was going to sea, and would not appear against me.

Q.(To the prosecutor.) Did you ever offer to make it up with her mother? - A. No, I never spoke two words in my life to the mother; I did not offer to do any such thing. NOT GUILTY .

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

Reference Number: t17980418-107

342. JOSEPH SCOTT was indicted for feloniously stealing, on the 22d of March , a pint pewter pot, value 6d. and a quart ditto, value 10d. the property of Robert Carter .

ROBERT CARTER sworn. - I keep the Green Man and Still, Coppice-row, Coldbath-fields ; I have lost a great number of pots. On Thursday

the 22d of March, the prisoner and another person came to my house, about five o'clock, and called for a pot of beer, and they had to the tune of three; about half past seven I went out, and when I returned, in about ten minutes, they were gone; I did not miss the pots till they were brought back, in about half an hour, by the patrol, with a quart pot and a pint pot, and he has had them ever since.

- FORD sworn. - I am a patrol: (Produces a quart and a pint pot); I had them from the prisoner at the bar, in Benjamin-street, St. Sepulchre's, about a quarter of a mile from the prosecutor's house, or it may be better; I was going round Cow-cross, between seven and eight o'clock, and seeing something under his coat, I stopped him; we followed him; he went into an iron shop, and offered the two pots for sale; he came out of the iron shop and ran, and we followed him; he fell down, and then we took the pots from him; we asked him whose pots they were, and he said Mr. Carter's, at the Green Man and Still, in Coppice-row.

Q.Had not you recommended him to confess the truth? - A. No; I had told him nothing of the kind. I have had the care of the pots ever since.(Produces them. They are deposed to by the prosecutor.)

Prisoner's defence. I had a great quantity of dust to sift at 4d. a load, and all that I found in the dust; I found these pots among the dust; I went to sell them, and when this man stopped me, I told him I had picked them up upon a dust hill.

The prisoner called one witness, who gave him a good character. GUILTY (Aged 26.)

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

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

Reference Number: t17980418-108

343. WILLIAM HOMAN was indicted,(together with HENRY NIBLETT , not in custody,) for the wilful murder of William Turner , on the 12th of March .

GREENHOUSH SHAW sworn. - On the 12th of March I went with my wife to see a friend at Stepney; I had occasion to go to a public-house, the Angel, and near the Angel I saw a most desperate battle; I saw the last half hour or twenty minutes of the battle, between the deceased, a young man a baker , and a publican of the name of Niblett; the event of the battle terminated in the death of the young man, whose name was Turner, he lived to be carried home to his master's house, and I think lived about a quarter of an hour after that; they fought with their hands only.

Q. Do you know the situation of the prisoner at the bar, Homan? - A. I understood him to be a butcher .

Q.Was he present at the time? - A. Yes, he was; he acted as second to the deceased.

Q. Did you see him do any thing? - A. Yes, he took a very active part; apparently what he thought a friendly part for the deceased.

Q. Was there a second on the other side? - A. Yes, there was.

Q. YOu do not know any of the bye-gone circumstances? - A. No.

JOHN PAULIN sworn. - I am an auctioneer: I was coming by and saw an assemblage of people; I saw the termination of the battle, which was the death of one of the combatants, Turner; I saw the prisoner there just before they went to fight; I thought I saw in the publican, Niblett, a disinclination to fight; I took him aside, and told him I hoped he would consider well before he went to fight; I told him it would let him down very much; he thanked me for my advice, but said he had gone so far, that it must be finished in that way.

Q. Did you see any particular conduct of the prisoner? - A. When I saw the deceased much hurt, I broke into the ring among them; I told the prisoner at the bar, if he set the man to fighting any more, I would have him taken up; by this time other people had broke in; the prisoner said he had a guinea in his pocket as well as me, and he would set him up to fight,as long as he would fight; he never did fight afterwards.

Court. I would not advise the Jury to stretch this case to murder, though it approaches very nearly to murder. GUILTY of Manslaughter .

Confined one year in Newgate , and fined 20l.

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17980418-109

344. MARGARET BLADON was indicted for feloniously stealing, on the 27th of January , a man's cloth great coat, value 8s. a black silk cloak; value 8s, 3 check aprons, value 3s. a man's linen shirt, value 2s. a linen shift, value 2s. a linen table-cloth, value 2s. a black stuff gown, value 5s. a cotton shawl, value 2s. and two flat irons, value 12d. the property of William Hackett .

WILLIAM HACKETT sworn. - I live at No. 4, Portpool-lane, Gray's-inn-lane : On the 27th of January I missed the things named in the indictment, (repeating them); my wife was very ill, and I had the prisoner from the work-house to nurse her; my wife had sent her into the back room for her cloak, and she went out at the back door, and never came back again; I missed them in about half an hour after.

ELIZABETH HACKETT sworn. - The prisoner came to nurse me in my illness: I sent her into the back room, and she took a shawl from the bedside before my face, and went away, and never returned again; I have never recovered any of the things; there was no other person in the apartment; she had been with me a fortnight and three days.

Q.Had you paid her any thing for it? - A. No; I applied to the parish, and they told me they would send me an honest nurse; the prisoner said, before me, that if I would make out a list of the things, and charge, she would get a person to pay for them.

Prisoner. I said I would make good the things sooner than she should prosecute me.

HANNAH PHIPPS sworn. - On the 17th of January, I saw the prisoner, and having heard that she had robbed the people where she had been nursing, I challenged her with it, and she said, how dare I say that; I told her she must go with me, for there was a constable after her; and I heard her say she had a brother that would pay whatever they charged for the things.

Prisoner's defence. My mistress was inclined to get up, and I put a shawl round her neck, and she sent me into the back-room to fetch the cloak; I missed the cloak, and several other things; and I went away because I was afraid to stop.

GUILTY (Aged 49.)

Confined six months in the House of Correction , Privately whipped , and discharged.

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

Reference Number: t17980418-110

345. MARY LYNAM was indicted for feloniously stealing, on the 27th of February , a linen shirt value 1s. 6d. and a linen shift, value 1s. the property of Thomas Gillet .

Second Count. For feloniously stealing, on the 8th of March, a linen sheet, value 3s. the property of the said Thomas.

THOMAS GILLET sworn. - A shirt and a shift were missed, on the 29th of February, from out of the yard, they had been hung up to air, and were not heard of again till the 8th of March, at the pawnbroker's; the prisoner lived in the workhouse, she was a pauper ; I am master of the workhouse, St. George's, Middlesex .

CATHERINE MEAD sworn. - I picked up a paper of duplicates in the kitchen of the workhouse, the evening that she was delected, I believe it was the 8th or 9th of March; I gave them to the master of the workhouse.

SUSAN JEFF sworn. - I saw the prisoner take a sheet off the line in the yard, on the 8th of March, in the forenoon, I was up stairs looking out at the window, I do not know what she did with it, I did not go down stairs; the master called me down stairs, and asked me if I saw any thing of them.

Prisoner. Q.Can you say whether the sheets that were hanging up were sheets that I had in care, or whether they belonged to the master of the workhouse? - A. I do not know.

Court. Q.Do you know whether the prisoner washed her own sheets? - A. No, I do not.

Q.(To Gillet.) Where there any sheets there but your's? - A. No, there were not; they belonged to the workhouse, and were marked, the mark is cut out of one of the sheets.

JAMES BANKS sworn. - I am a pawnbroker, servant to Mr. Matthews, in the Minories: The prisoner pawned a sheet with me for three shillings, on the 8th of March last, (produces it); she brought it as for herself; I am sure she is the person.

Gillet. I am certain to this sheet, it is marked with a piece of blue worsted sewed in, denoting the ward that it belongs to.

JAMES THORNE sworn. - I am a pawnbroker,(produces two shifts); I took them in on the 27th of February, from the prisoner at the bar, I am sure she is the person; she laid her name was Sarah Phillips; she asked two shillings and sixpence upon them, she said, it was a shirt and a shift; I did not open them to see.

ANN BROWN sworn. - This shift belongs to a person in the same ward that I belong to, I am sure it is the same shift; it was rather too small for the woman, and there was a piece put in, in each sleeve; they were hung out to dry on the 26th.(Gillet produces the duplicates).

The prisoner did not say any thing in her defence.

GUILTY (Aged 35.)

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

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

Reference Number: t17980418-111

346. JOSEPH, and MARY-ANN the wife of Joseph, POUGHER were indicted for that they, on the 21st of February , two pieces of false and counterfeit milled money and coin, made and counterfeited to the likeness of a half-guinea, the same not being cut in pieces, unlawfully, and feloniously, did put off to Mary the wife of Cornelius Richardson , at a lower rate than the same did import, that is to say, for one good half-guinea .

MARY RICHARDSON sworn. - On the 21st of February, I bought bad money of the prisoner in her house, in Ship-yard, Butcher-row ; I went by the desire of Edward Rogers, the officer.

Q.What bad money did you get? - A. Two bad half-guineas for one good one, (produces them); I have had them ever since, and three bad shillings.

Q.Were both the prisoners there? - A. He was not in the same room; a friend of mine went with me, and asked for some things, he was in the lower parlour when my friend enquired, and we were called up, and Mrs. Pougher served us.

Q. Had you any conversation with him after you came down? - A. Yes; he asked his wife if she had cautioned us which way we were to go on to pass the money.

Q. Who was your friend? - A. Mrs. Hobbs.

Q. Had you any conversation with the man prisoner before you were called up stairs? - A. No.

Q. Who was it gave you the bad money? - A. Mrs. Pougher; when we came down, he asked if she had cautioned us; and she said she had; she told us not to go two together when we went to pass it, and not to have any good money about us to change it.

Cross-examined by Mr. Knapp. Q. All that the woman did, was under the direction of the man? - A. Yes.

Court. Q. She appeared as the wife of the man? - A. Yes.

Mr. Knapp. Q.What line of life are you in? - A. I work for Mr. Southey, at slop-work, in Fenchurch-street.

Q.Besides which, you are employed by the runners? - A. No, never before.

Q. Were you never tried here? - A. No, never.

ANN HOBBS sworn. - I went with the last witness to Pougher's house; Mrs. Pougher and I went up stairs, I wanted to buy a little money of her, and I gave a good seven-shilling-piece for two bad ones; Mrs. Richardson got two bad half-guineas for a good one.

Q. Did she give you any directions? - A. She told us when we went to pass the money never to have much about us.

Cross-examined by Mr. Knapp. Q. At the time the money was received the man prisoner was below during the whole of the time? - A. Yes.

EDWARD ROGERS sworn. - Q. Do you know any thing, of your own knowledge, of this business? - A. No.

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

The other prisoner was not put upon her defence.

Joseph Pougher , GUILTY (Aged 40.)

Mary-Ann Pougher, NOT GUILTY .

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

Reference Number: t17980418-112

347. JOSEPH, and MARY-ANN the wife of Joseph, POUGHER , were again indicted for that they, on the 21st of February , two pieces of false and counterfeit milled money, made and counterfeited to the likeness of a seven-shilling-piece, the same not being cut in pieces, unlawfully and feloniously did put off to Ann Hobbs, at a lower rate than the same did import, that is to say, for one good seven-shilling-piece .

Ann HOBBS sworn. - On the 21st of February, I went to the prisoner's house, and got two seven-shilling-pieces for one good one.

Q.And you received it before the man asked if you had received instructions? - A. Yes. (produces them).

Joseph Pougher , GUILTY (Aged 40.) Confined one year in Newgate , and fined 30l.

Mary-Ann Pougher, NOT GUILTY .

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

Reference Number: t17980418-113

348. GILES BUOY was indicted for feloniously stealing, on the 30th of March , five yards of linen wrapper, value 3s. and 28 yards of printed calico, value 50s. the property of Jonathan Peele , Lawrence Peele , and Joseph Peele , John Peele , Edmund Peele , and Richard Yates .

JOSEPH PEELE sworn. - I am a calico-printer ;(proves the partnership); I live at No.15, King-street, Cheapside; I was absent at the time of the robbery, I only come here to swear to the property.

WILLIAM SORRELL sworn. - I am porter to Mr. Peele, of King-street; the prisoner was also porter in Mr. Peele's service; he had got two deliveries of calico prints in a sheet; on the 30th of March, near one o'clock, the bills were given to him, and likewise the sheet.

Q. Do you mean the linen wrapper? - A. Yes. And he had made them fast; I had also three pieces to take; I know he had his fast, it contained twenty-eight yards of printed calico; I saw him carry them out of the house, and in about a quarter of an hour after I saw him in Smithfiels, he had his last delivery, he had delivered one; I followed him to Stock and Cooper's, upon Holborn-hill, he came out there, and I took him with another piece upon him he had no bill with; I stopped him in Baldwin's place; it was wrapped in a wrapper; I asked him, what he had got there, and the reply that he made me was, that he was done; I told him, if he would go back with me quietly, I would not call any other assistance; he went with me to the Old-jewry, and there we went in and had a pint of beer, and I sent the waiter for our foreman, and if he was not at home, to tell Mr. Curzons to come; I related the business to him and he proceeded to the warehouse with him and the property as I found it upon him, and it was delivered to the constable. When I was going out with my parcels, I suspected him, because as I went out past the warehouse window, I saw his wrapper undone again, and his head go from one of the piles in the warehouse; and I went back with my goods, and followed him.

Cross-examined by Mr. Alley. Q. He had two deliveries, and you say you found three upon him? - A. Yes; two, and the one that he had no account of.

Q. And the reason why you say he had no account of it, was, that he did not produce a bill of it to you? - A. No, he told me first, he was done, and then he said, he was going to William Goulding ,

in Portpool-lane, to ask him if he could make any thing of it for him.

Q. You know nothing, of your own knowledge, of this being missed, except that you found the piece upon him? - A. I suspected him from seeing his wrapper open again.

Q. Were there no other men in the warehouse? - A. There were.

Q.Then for any thing you know, any of them might have opened the wrapper as well as the prisoner? - A. I dare say they would not, I cannot take upon me to say that.

Court. Q. What was the property you took from him? - A. A piece of calico print.

DANIEL CARTWRIGHT sworn. - I am a constable; I was sent for to take charge of the prisoner and this piece of calico, (produces it); it was delivered to me by Mr. Joseph Peele, on the 30th of March, about three in the afternoon; I have had it ever since. I heard him say to Mr. Peele, afterwards, that he was going to carry it to Mr. Goulding's, in Portpool-lane, or to some pawnbroker's.

Q. Did Mr. Peele say any thing to induce him to say that, did he use any threat, or make him any promise? - A. Not that I heard.

Mr. Peele. This piece of calico is my property, it has our mark upon it, "Peele, Yates, and Co."

Q. Did you look to see if any was missing? - A. It was impossible for me to miss it.

Q. You cannot undertake to say, of your own knowledge, whether that was one of the pieces that was to be delivered to you customers? - A. I cannot say.

Court. Q. Had you a piece of the pattern in your house? - A. I cannot say; we had a great many of this pattern in the course of the last year.

Prisoner's defence. I had two deliveries of goods; when I came to deliver them, I found I had got one more by mistake, and I intended to carry it back again.

Court. (To Sorrell.) Q. Can you undertake to swear to the wrapper? - A. I believe it was the same wrapper, but there is no mark upon it, I cannot swear to it.

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

GUILTY (Aged 27.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980418-114

349. JOSEPH BEECH was indicted for feloniously stealing, on the 10th of March , thirteen pounds weight of black tea, value 40s. thirteen pounds weight of green tea, value 40s. two paper bags, value 2d. and a hempen wrapper, value 6d. the property of John Wallis .

Second Count. Laying them to be the property of Samuel Boonham .(The case was opened by Mr. Knowlys.)

EBENEZER-SAMUEL OATES sworn. - Examined by Mr. Knowlys. I am servant to Messrs. Brewster and Gillman, Tea-dealers, in Newgate-street: There was a parcel containing thirteen pounds of black, and thirteen pounds of green tea, first put into a paper bag, and then a hempen wrapper over that, directed to John James, of Hinckley; I directed it myself; it was sent to the George inn, in Smithfield; I did not go with it; I have seen the same package since.

Q. Is 4l. about the value of the package? - A.It is; or perhaps more.

JOHN RONSLEY sworn. - I am book-keeper to Samuel Boonham's waggon, which inns at Mr. John Wallis's in Smithfield: I received a parcel directed to John James, of Hinckley, Leicestershire, from Brewster and Gillman's porter; the waggon set out on the 8th of March; I received this on the 1st of March, but it came too late for that day's waggon; the prisoner was employed in loading and unloading the waggon.

Q. What time did you last see the parcel? - A. I saw it before three in the afternoon of the 8th of March; I have seen it since, but the direction has been taken off; I saw it on the Saturday, when the prisoner was in custody.

Cross-examined by Mr. Alley. Q. Is Wallis's name John or James? - A.John.

Q. The prisoner was one that was employed to load and unload the waggon? - A. Yes.

Q. How many more were employed for the same purpose? - A. Two or three more.

Q. You did not know what was in the bundle? - A. No, I did not.

Q.The next time you saw it was at Guildhall? - A. Yes.

Q. You merely receive the parcels, and book them? - A. Yes.

Q. Then the only knowledge you derive is from your books? - A. No; I know the potter that brought it.

Mr. Knowlys. Q. You only know that the parcel was delivered to you by Brewster and Gillman's porter? - A. Yes.

Court. Q. Mr. Wallis was not responsible for this, but Mr. Boonham? - A. Yes.

JOSEPH WILTSHIRE sworn. - Examined by Mr. Knowlys. I am servant to Mr. Wallis, at the George inn yard: On Friday night, the 9th of March, about seven o'clock, I saw a parcel hid behind a wool-sack in the yard; the waggon goes of a Thursday.

Q.Did you see what the parcel was? - A. No; it was in a hempen wrapper, under an old mat, at the upper end of the yard, near the gateway.

Q. Could it be seen without removing the mat? - A. No, it was concealed; I was desired to sit up at night to watch it; the next morning, about five o'clock, I saw the prisoner come and take the wrapper away; it was before the yard was open, and I told Mr. Wallis of it, and he and Mr. Brown went after him.

Cross-examined by Mr. Alley. Q. When was it you saw it there first? - A. The 9th of March.

Q.How long had the waggon been gone? - A. A day.

Q.There was abundance of time for any man that had stolen it to have taken it away? - A. I cannot say.

Q.Did you ever, yourself, find a bundle, and take it away? - A.No.

Q.Had you not curiosity enough to examine what it contained? - A. No.

Q.Then you had no means of knowing it again? - A. Yes, I knew it when I saw it again, because I had marked it.

Q.That was after you had taken it from the prisoner? - A. Yes.

Court. Q. Did the bundle, that was brought back by Mr. Wallis and Brown, appear to be the same that you had before seen in the yard? - A. Yes.

Mr. Alley. Q. Do you mean to swear that the bundle you afterwards marked, was the bundle that was in the yard? - A. Yes, I can swear it is the same bundle.

RICHARD WILTSHIRE sworn. - Examined by Mr. Knowlys. I am a watchman in Mr. Wallis's yard: On the 9th of March, about nine o'clock at night, the prisoner came out of the tap, he told me he had got an old mat, under the archway, to take home; I said, take it, knowing he was one of my master's head servants, and we had a pot of beer comfortably together; he said, d-n it, let it be till another time, I will not take it, and he went without it; about half past four o'clock in the morning he came up, and asked if I had seen any loose horses about, I said, no, he was the first man or horse I had seen that morning; he said he must take a waggon and horses to assist a waggon of my master's, that was overset near Highgate; I said, he must have my master's leave first; he went to call Mr. Brown, the book-keeper, and turned round to the left, and took up the mat, and I let him go out; as soon as he was gone out, Joseph Wiltshire started up from under a fail-cloth, where he lay concealed, and said, d-n me, watch, open the gate, and see where the old mat is gone; says I, d-n the old mat, what is it good for? says he, there is property in it; Joseph Wiltshire went after him, and an alarm was given.

Cross-examined by Mr. Alley. Q. You knew this man to be a very honest good fellow, or else you would not have permitted him, as an honest watchman, to have taken away even an old mat? - A. I thought him master's head servant.

Q.You did not see any thing in it, of course? - A. No, I did not.

Q.And if there had been any thing in it, you would not have permitted him to have gone out with it? - A. No; he took it up just like a parcel of old rags under his arm.

Q.You saw the old mat, but never saw any bundle? - A. No.

Q.You will not say he took any thing away but the old mat? - A. No.

JOHN WALLIS sworn. - Examined by Mr. Knowlys. I am proprietor of the George inn: I apprehended the prisoner, about ten or twelve minutes after the alarm was given; I afterwards went with Mr. Brown to his lodgings, a very little distance from the yard, and Mr. Brown chucked down the parcel; Wiltshire had given me information of it on the Friday evening; I went to see it, and minutely examined the direction, and the truss and mat; when I found it again, the direction was gone, but I have no doubt in the world it was the same bundle.

THOMAS BROWN sworn. - Examined by Mr. Knowlys. I went with Mr. Wallis to the prisoner's lodgings; I found the truss up one pair of stairs, under the bed.(The truss produced.)

Oates. This is the truss that I packed and directed.

The prisoner left his defence to his Counsel.

GUILTY (Aged 30.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980418-115

350. MARY BROWN, otherwise BASS , was indicted for feloniously stealing, on the 11th of October , a woollen blanket, value 2s. a linen sheet, value 3s. a feather pillow, value 1s. 3d. a linen pillow-case, value 6d. and three flat-irons, value 3s. the property of John Jones , in a lodging-room .

ELIZABETH JONES sworn. - I am the wife of John Jones: I let out lodgings; my husband is coachman to a gentleman in the country.

Q. Did you let these lodgings with his consent and approbation? - A. Yes; I let a ready-furnished lodging to the prisoner at three shillings a week; I cannot say exactly when I let her the lodgings, it was some time last summer; she lodged with me four or five months; she ran away from me, and left the key with my next door neighbour, who gave me the key; I then missed the things in the indictment; they were afterwards found at the pawnbroker's.(A pawnbroker produced a sheet and three flat-irons, six clouts, a gown, and a pillow, which were deposed to by the prosecutrix.)

Prosecutrix. There was a man lived with her in the lodgings; they took the lodgings as man and wife.

Q. Who did you make the contract with? - A.With her; she took the lodgings, and gave earnest for it herself.

Prisoner's defence. I did not take the lodging, Jeremiah Bass took the lodging, and gave earnest for it; I pledged the things, but not with any intention of robbing her of them.

GUILTY (Aged 26.)

Confined six months in the House of Correction , privately whipped , and discharged.

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

Reference Number: s17980418-1

The SESSIONS being ended, the COURT proceeded to GIVE JUDGMENT as follows:

Received sentence of Death - 18.

Robert Reeves , Margaret Thompson, William Marsom , Fordia, alias Forder Shepherd, David Wilkinson, John Humphries, Moses Knott, Joseph Adamson Augustus Seaton, Elizabeth Brown, Thomas Smoakham, Matthew Quirk, Thomas Cliston , James Gray, Samuel Cooper, William Williams, John Abbot , William Stinson.

Transported for fourteen years - 3.

Sarah Seaton, Isaac Morse, John Pittman.

Transported for seven years - 21.

Michael M'Cabe, Joseph Beech , Henry Billing , John Davis, Goshern Levy, James Wood , George Bird, James Hindes, James Thornton, Henry Griffiths, John Chambers , Ann Ridley , Giles Buoy , John Cooper , James Sharp, Thomas Cole , Michael Sullivan, William Moore , James Cooper , Thomas Morris , William Horribin .

Confined one year in Newgate, and fined 30l. - I. - Joseph Pougher .

Confined one year in Newgate, and fined 20l. - 2.

William Homan, John Disney.

Confined one year in Newgate, and publicly whipped. - 1. - John Robertson .

Confined six months in Newgate, and fined 1s. - 2.

James Shields , Richard Smith .

Confined six months in the House of Correction, and publicly whipped. - 5.

Thomas Freake, James Roberts , Joseph Penn , William Griffiths . Joseph Scott .

Confined six months in the House of Correction, and privately whipped. - 5.

Sarah Lee , William Holding, Mary Brown alias Bass, Richard Underhill, Margaret Bladon.

Confined six months in the House of Correction, and fined 1s. - 13.

William Mason , George Collins , John Gibbs , John Risdale, Mary Lynam, Ann White , Thomas Evans, Robert Mitchell , Mary Delahaye , Sarah M'Daniel, Mary Mountjoy, Thomas Rodney , Francis Payne.

Confined twelve months, and eighteen months, in the House of Correction - 1. - George Hart .

Confined three months in Newgate, and publicly whipped - 1. - Jeremiah Francis .

Confined three months in Newgate, and fined 1s. - 1. - Benjamin Benjamins.

Privately whipped, and discharged - 2.

John Thompson , John Macbride.

Confined one month in Newgate - 1. - James Eamer.

Confined a fortnight in Newgate, and Publicly whipped - 1. - Thomas Martin .

Fined 1s. and passed - 1. - Mary- Ann Dickson .

Judgment respited to go into the Army or Navy - 1. - James Boyd .


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