Old Bailey Proceedings, 4th July 1798.
Reference Number: 17980704
Reference Number: f17980704-1

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 4th of JULY, 1798, and the following Days, BEING THE SIXTH SESSION IN THE MAYORALTY OF The Right Hon. SIR JOHN WILLIAM ANDERSON, BART 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 Sir JOHN WILLIAM ANDERSON, Bart. LORD MAYOR of the CITY of LONDON; Sir FRANCIS BULLER, Bart. one of the Justices of His Majesty's Court of Common Pleas; Sir SOULDEN LAWRENCE, Knight, one of the Justices of his Majesty's Court of King's-Bench; Sir JOHN WILLIAM ROSE, Knight, Serjeant at Law, Recorder of the said City; JOHN SILVESTER, Esq. Common-Serjeant at Law of the said City; and others, His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Gaol Delivery of NEWGATE, holden for the said City and County of MIDDLESEX.

First London Jury.

Thomas Selsby ,

Samuel Mann ,

John Salmon ,

Thomas Barber ,

George Piercey ,

Richard Jones ,

Isaac Dickson ,

Robert Biggars ,

William Newcome ,

Thomas Leas ,

William Woodall ,

John Towers .

Second London Jury.

Thomas Costin ,

Zachariah Hardman ,

Marshal Spinck ,

William Innes ,

Richard Edmunds ,

Jonas Woodward ,

James Hunt ,

James Thompson ,

Richard Ward ,

Edward Palmer ,

Renjamin Powers ,

James Cony .

First Middlesex Jury.

James Taylor ,

Thomas Barr ,

Joseph Bliss ,

John Skillback ,

William Cowley ,

Israel Livemoore ,

Josiah Allen ,

George Harding ,

Thomas Skinner ,

James Burton ,

Samuel Cope ,

John Jones ,

Second Middlesex Jury.

Thomas Duddey ,

Richard Young ,

William Gordon ,

Samuel Parker ,

John Holt ,

Thomas Vast ,

John Ashley ,

Luke Sinthod ,

William Carpenter ,

Stephen Henry ,

Samuel Neal ,

William Bowden .

Reference Number: t17980704-1

407. THOMAS WILSON was indicted for feloniously stealing, on the 29th of May , a mare, value 3l. the property of Huet Johnson .

WILLIAM COOK sworn. - I am a labourer, at Hampstead: The mare was brought to me to take care of, by Mr. Johnson; I kept her at the Vale of Health, Hampstead , I had kept her near three months; the last time that I saw her was on Monday the 28th of May, between eight and nine in the evening; she generally came home of an evening, and the next evening, Tuesday, she was missing; I saw her at Mr. Francis's house, a cow-keeper, in Tottenham-court-road, on Tuesday following, about ten o'clock in the morning, in the care of Mr. Crocker; I knew her again directly, she was a kind of sorrel colour; she was no way remarkable, but I have no doubt of her being the same mare; she was bred at Hampstead.

Q. Then you had known her some time? - A. Yes; she was brought from there down to Bow-street; I am sure she is the same mare.

Q. Is Huet Johnson here? - A. No.

EDWARD CROCKER sworn. - I am the son of Henry Crocker , one of the patrols belonging to Bow-street; On the morning of the 29th of May, a little before one o'clock, I was standing at the turnpike-gate, in Tottenham-court-road, in the Hampstead-road, I observed the prisoner at the bar leading a horse towards London, it was just light enough to discover him; I went on to the turnpike-gate, seeing he wanted to go through without the turnpike-man getting up, and I knocked the turnpike-man up; he got up, and the prisoner asked him what the toll was; he said, three halfpence; he said, he had got but a halfpenny, which he held up; I then said to him, whose mare is this, for I know the mare somewhere; he said, he had brought her from the fair; I then asked him who his master was; he said his master's name was Waterman; he said to me, I dare say you know two or three of that name; he said he lived no great way from Highgate; he then said to the turnpike-man, I will go back and get some more money, he turned the horse round and away he went. I went up to my father, who was just coming off duty, and told him what I had seen, and he came down with me towards the turnpike, and we met him on this side the gate coming to town; he had not come through the gate, he had got round by some houses; there was a woman on the mare, and the prisoner was leading her; we then took him to the watch-house; this is part of the halter he was leading the mare with, (producing it); we took the mare to Mr. Francis's, about three o'clock in the morning. On the Tuesday following, I had got the mare out giving her some water, and Mr. Cook saw it.

Q. Are you sure that the mare you took from the prisoner was the mare that Mr. Cook saw a week after? - A. I am perfectly sure of it; he immediately owned her; Mr. Johnson has got the mare now at Hampstead.

Q. Do you know why Mr. Johnson is not here? - A. I cannot say.

Q.(To Cook.) What is the value of this mare? - A. About three or four pounds.

The prisoner did not say any thing in his defence.

NOT GUILTY .

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

Reference Number: t17980704-2

408. JOHN BUTLER was indicted for feloniously stealing, on the 3d of October , a horse, value 30s. the property of William Knowles .

WILLIAM KNOWLES sworn. - On the 3d of October, I got up in the morning to give my horse some water, and I found my stable, but my horse was gone; I saw him about six o'clock in the morning, and about a quarter of an hour after the poney was gone; I had him to carry greens to sell about the streets in a cart; I afterwards got it from the prisoner, at Bow-fair; on the 4th of June, I owned the property, and went to a Magistrate, he used me very ill, he took out a knife and cut the bridle that I had in my hand, and knocked me down several times; the prisoner and the mob, and they all knocked me about very much, and treated me very bad; he said, he bought it at Blackheath-fair, I had seen him with it there, three weeks before, the 12th of May, and I told him it was my property, it was a stone-horse, he rode away then, I being a lame man, could not follow him, and I had not a farthing in my pocket; he said, he had bought it of a cow-keeper, he made believe to call the man to me, and then rode away.

Q.What is the value of your horse? - A. I gave a guinea and a half for it at Barnet-fair.

WILLIAM HARDMAN sworn. - I was with Knowles when he bought the horse at Barnet-fair, he gave a guinea and a half for it, I saw it in the prisoner's wife's possession at Bow-fair, and I saw it afterwards in Knowles's possession, I am sure it was the same horse.

Prisoner's defence. (Read by Mr. Shelton.) This horse was impounded by Mr. Bennett, of Ilford, for three weeks, he gave it to a man of the name of Morse, who sold it to one Meredith, who sold it to she prisoner.

Prisoner. Desire the prosecutor to describe the horse.

Knowles. It was a black poney with a brown muzzle and cross made behind, it was never worked till the prisoner worked it, it was used very ill after I lost it; it was very young, too young to work, it was only three years old. (The prisoner put in a second defence, which was read by Mr. Shelton.) The prisoner bought the horse of John Meredith; some time after that, a person came to the prisoner, and after examining the horse, told the prisoner it was his property, he believed, but added, it was a hard matter to swear to the same; he went to the fair, and some hours after, returned to his house in Kenr-street; the prisoner continued working the horse, which the prosecutor Knowles was well acquainted with, till the 12th of June; the prisoner said, he would not give it up without an officer; the prosecutor then used him very ill, he was advised to go to a Magistrate, which he did, when an examination took place, and the prisoner was committed; in about a week, Meredith, whom the prisoner bought the horse of, was apprehended, but the Magistrate did not think proper to detain him; the prosecutor says, he bought a brown horse, but the horse that the prisoner bought of Meredith, was a black horse.

For the Prisoner.

JOHN MEREDITH sworn. - I sold a horse to John Butler, at Blackheath; it was a little black, brown muzzle horse, on the 12th of May; I bought it of one Mr. Morse, of Eastham, it was in the pound when I bought it, about three weeks before I sold it.

Q. What age was that horse? - A. Four years old.

JOHN MORSE sworn. - I live at Eastham; Mr. John Bennett, who lives at the Three Rabbits, on the Rumford-road, sent me a poney to fell, it was a little dark brown poney, with shackled hams behind, very small, about eleven hands high.

Q. How old was it? - A.About four years old; Bennett sold it to me, I think, the Friday before Easter; I saw him afterwards, the first day of Bow-fair; I was standing at Mile-end, I saw him go by with a number of people, in a cart, carrying them to the fair; I said, that is the little poney that I sold to the Cow-man, I have seen the poney since, and verily I believe it to be the same.

JOSEPH BENNETT sworn. - This poney was brought into my manor, I rent the manor of Little Ilford myself, I impounded that and three more together, I found it in my wheat-field, how it came there, I do not know.

Q. How far is that from London? - A. About six miles.

NOT GUILTY .

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

Reference Number: t17980704-3

409. JAMES SEWELL was indicted for feloniously stealing, on the 7th of June , a linen handkerchief, value 10d. and a leather pocket-book, value 6d. privily from his person .

JAMES HEXLEY sworn. - On the 7th of June, near the Shepherd and Shepherdess, I missed a pocket-book and a handkerchief, the prisoner stood behind me, we were looking at the East-India soldiers exercising, a friend was with me, trying to get in at the gate, the prisoner stood by my side two or three minutes; I missed my handkerchief and pocket-book about five minutes after; I had had my hand upon them both about half an hour before that; the pocket-book was found upon the ground on the same spot; my friend took the handkerchief out of the prisoner's pocket, but I cannot swear to it, there is not mark upon it, but I believe it to be mine.

- TIPPETT sworn. - Mr. Henley and I were looking at the soldiers, and Mr. Henley missed his property; I took the prisoner about ten feet from where the people were standing, and I searched him, and found this handkerchief in his pocket, and some little trifling things besides, that nobody has owned; I found the pocket-book lying on the ground. At the time Mr. Henley was speaking to me, a lady said, in the hearing of the prisoner, I saw that young man take it out of your pocket; I asked her to go down to the office, but she refused.

Q. Did he make any answer to that? - A. None.

JOHN WRAY sworn. - The prisoner was brought to the office. I searched him, and found two more handkerchiefs in his breeches, and a duplicate of another.

Mr. Knapp. (To Henley.) Q. There was a considerable crowd at this time? - A. Yes.

Q. And other persons were as near to you as the prisoner was? - A. Yes.

Q. What is the value of the handkerchief? - A. About ten-pence to me, but not for sale.

Prisoner's defence. I never saw the gentleman to my knowledge.

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

NOT GUILTY .

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

Reference Number: t17980704-4

410. CHARLES DAVIS was indicted for feloniously stealing, on the 27th of May , a ewe-sheep, value 10s. the property of Matthew Stone .

Second Count. For killing a ewe-sheep, value 10s. the property of Matthew Stone, with intent to steal part of the carcase, that is to say, the two shoulders and a leg.

MATTHEW STONE sworn. - I am a farmer , and live in the parish of Hayes: I had a ewe-sheep killed in the night of the 26th, or the morning of the 27th of May, in a field; a boy that looked after them found the sheep, he came to tell me, I went and found the sheep with three joints cut off, one of the legs and the two shoulders.

Q. Are you sure, that what remained was part of your sheep? - A. Yes; it was marked M. S. on the left side; I know it to be mine, my flock consisted of one less than it had done the night before; I then got a warrant and went to Davis's house, where I found two shoulders boiling in the pot, the leg we did not find; then we went again in the afternoon, and found a pudding boiling, that was a mutton pudding, which we suspected to be the leg.

Q.When was the prisoner taken up? - A. Two or three hours after it was done; the account that he gave was, that he saw the sheep lying dead in the hedge, and he cut part of it off.

JAMES BROWN sworn. - Q. How old are you? - A. Between thirteen and fourteen; I was out in the field about ten o'clock in the morning of Whitsunday, I saw the prisoner go into the bushes, and then I got behind a log and watched him; I did not see what he did in the bushes, but when he was gone, I went down to the bushes, and there I found a dead sheep, he had got a bag or a sack with him, it seemed to have something in it when he went in, but more so when he came out; there were the ribs left, and one leg, and the guts, and the skin; there were two shoulders gone, and one leg, and the heart, and the liver; I looked after him, and he looked round and saw me, and went on again; then I went and told Mr. Stone.

EDWARD BYNG sworn. - I am a constable of the parish of Hayes; Mr. Stone came to me with a warrant to apprehend the prisoner; I went to his house, and found a fowl, and two shoulders of mutton in the pot; I saw the pudding, but that was not taken out when I was there.

JOHN GILES sworn. - I was present when the mutton was taken out of the pot; I went down again in the afternoon, and I saw a meat pudding, but what meat it was I do not know; the prisoner said, as he was going into a field to get garlic to boil, he found the sheep there.

JOHN WEBB sworn. - I live next door to the prisoner, they called me into assist them, I took off the not and saw a fowl and two shoulders of mutton.

Prisoner's defence. I went down into the fields, and saw this sheep lying, and I picked it up and carried it home; I thought there was no harm in it, it might have been killed by dogs, I could not say.

Q.(To Stone.) Did the sheep appear to be fresh killed? - A. It did, quite.

GUILTY Death .

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

Reference Number: t17980704-5

411. ELIZABETH STARENAUGH was indicted for feloniously stealing, on the 9th of June , two seven shilling pieces, a linen purse, value 1d. and twenty shillings in monies, numbered, the property of George Mackenzie , privily from his person .

GEORGE MACKENZIE sworn. - I am a brewer's servant : On the 9th of June, between four and five in the afternoon; I was in my master's business, in Dyot-street, St. Giles's , I stood by the door of the chandler's shop, I served the house with beer; the prisoner at the bar sat at the door with another woman with her, and she picked my right hand pocket, part of the property was found upon her.

Q. How soon did you miss it? - A. When I got to St. Giles's church, or thereabouts, I missed near 2l. it was all in a purse; the last time I had seen it, was, in St. John's-street, about a quarter of an hour before; there were two seven shilling pieces, and the rest in silver, mostly shillings; I knew, as soon as I missed it, that she had taken it from me; when I came back and went to the house, she was gone, and the woman that was along with her; the other woman was not so near my pocket as the prisoner; I found one shilling upon the prisoner, that I can swear to, about nine o'clock at night; I told her, she was the woman that robbed me, she said, not; then the constable was sent for, and she was searched; when I saw her first, she was very meanly dressed, and when I saw her afterwards, she was very finely dressed.

JAMES KENNEDY sworn. - I am an officer of Marlborough-street; I searched the prisoner, and found a shilling upon her. (Produces it.)

Mackenzie. This shilling I can swear to, I had it from the accompting-house that morning, I had taken it the day before; I knew it by its being a bad shilling, with a notch in it.

Q. Who was the person that was talking with you? - A. A woman that I was talking to about my master's business; the woman that was with the prisoner was bound over, but we have not been able to find her since, her name is Mary Williams .

( Mary Williams was called upon her recognizance.)

GUILTY Death . (Aged 18.)

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

Reference Number: t17980704-6

412. SARAH MARLOW was indicted for feloniously stealing, on the 26th of June , a half-guinea, a half-crown, and one shilling , the property of William M'Fell .

WILLIAM M'FELL sworn. - I am a waterman : Last Tuesday week, about eight in the morning, I had been in liquor, and found myself in Whitcomb-street, I do not know how I came there; I remember coming from Greenwich in a coach, and got down to go to my own home, at Hungerford, when I met with this woman at the bar.

Court. Q.You have had a drop to day to, have not you? - A. I have had a glass.

Court. Gentlemen, it is impossible to go on with this trial; you see the situation of this man, you must acquit the prisoner.

NOT GUILTY .

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

Reference Number: t17980704-7

413. MARK MURPHY was indicted for feloniously stealing, on the 9th of June , a silver table spoon, value 15s. the property of David Morley , the elder.

DAVID MORLEY , junior, sworn. - My father keeps the British coffee-house, in Cockspur-street : On Thursday, the 14th of June, I was sent for by Mr. Dean, a watch-maker, in Oxford-street; I went there, and saw a spoon that we had lost; I waited there till the prisoner came; I saw the prisoner receive the spoon from Mr. Dean; I gave him in charge to a constable, and he was taken to the watch-house; Mr. Dean is not here, the constable has got the spoon, it has got marked upon it, "the British Coffee-house."

Cross-examined by Mr. Alley. Q.You know nothing about the spoon, except what Mr. Dean said? - A. No.

Q. Why is not Mr. Dean here? - A. He is very ill.

Q. You have lost a great many spoons? - A. No, we have not.

Q. You have a great many servants? - A. Yes.

Q. And the prisoner was not a servant of your's, but a stranger? - A. Yes.

Q. Who gave the spoon originally to Mr. Dean you do not know? - A. No.

Q. Are you in partnership with your father? - A. No.

Q. Nor your brother? - A. My brother derives a share of the business, but he is not in partnership.

Q. They live in the house together, and live on the profits of the business? - A. Yes; we all live on the profits of the business.

Q. Your brother has a regular share in the profits of the house? - A. Yes.

Q.Therefore your brother is answerable for the losses of the house, in proportion to the share he derives from the profits? - A. No, he is not; he has only a certain salary out of the profits of the house.

- sworn. - I am a constable: On the 14th of June, as I past Mr. Dean's shop, he called me in, that was the way we got to the knowledge of the spoon; I let Mr. Morley know where it was, and his son went up to Mr. Dean's to see the spoon; I went with him, in the evening, to Mr. Dean's, and he returned the spoon to the prisoner; then Mr. Morley gave charge. Mr. Dean said, in the hearing of the prisoner, that he had offered him that spoon for sale, and he refused buying it. I then took him to Marybone watch-house; as we were going to the watch-house, he said, the spoon was not his, he had it to sell for his fellow servant.

Cross-examined by Mr. Alley. Q.The spoon was returned, in your presence, to the prisoner? - A. Yes.

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

Q. Do you know, of your own knowledge, whether he was not to have called in half an hour, and been paid for them? - A. I do not.

Mr. Alley. (To Morley.) Q. Do you know a man of the name of Richard Worrall ? - A. No.

Q. But there was a fellow servant of the prisoner that had had access to your house? - A. Yes.

Q. The prisoner had no access to your house? - A. Yes.

Court. Q. In what capacity was he at your house? - A. He used to fetch away the hog's wash in the morning.

Mr. Alley. Q.And therefore had an opportunity of robbing you, if he had so chose? - A. Yes.

Court. Q. Have you ever sold any table spoons? - A. No.

Mr. Alley. Q. I believe there was another man, a fellow servant of the prisoner taken up? - A. Yes, and was taken before a Magistrate.

Q.So that the man who had access to your house, escaped before the Magistrate, by throwing it upon the prisoner? - A. Yes.

Court. Q. How came Worrall to be discharged? - A.Because the spoon was not found upon him.

Prisoner. I got it from my fellow servant.

For the Prisoner.

RICHARD WORRALL sworn. - I am a fellow servant of the prisoner.

Q. Do you remember at any time giving a spoon to the prisoner? - A. No further than one day when we brought the wash home, we found a spoon at the bottom of the tub.

Q. You had been at the Coffee-house, and got a load of wash? - A. Not to that house in particular,

I had been to two or three other houses; we found the spoon at the bottom of the wash, but did not know where it belonged to; my partner said, he had been to the house two or three times and they never gave him a pint of beer, and if he found any thing he would keep it.

The prisoner called one other witness, who gave him a good character.

NOT GUILTY .

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

Reference Number: t17980704-8

414. JANE PINNER was indicted for feloniously stealing, on the 8th of June , a silk bonnet, value 1s. a silk handkerchief, value 4s. a muslin cap, value 6d. two cotton handkerchief, value 2d. two yards of silk, value 1s. 6d. and a muslin apron, value 1s. the property of Daniel Pippin .

JESSE PIPPIN sworn. - I am the wife of Daniel Pippin : I lost the things mentioned in the indictment, (repeating them): the prisoner slept in the house two or three nights before, as a lodger; this bonnet is mine, it was taken off her head, and this cotton handkerchief I took off her neck, that is all I have found; I found them the third night afterwards. She owned before his Majesty that she had taken them.

Prisoner's defence. She keeps a bawdy-house on Saltpetre-bank; a young man came in and asked me to get something to drink, and I put the bonnet on; the handkerchief was my own, I had left it with her for sixpence. NOT GUILTY .

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

Reference Number: t17980704-9

415. JANE ABERALL was indicted for feloniously stealing, on the 3d of July , a man's hat, value 5s. and a muslin handkerchief, value 1s. 6d. the property of John Morley .

JOHN MORLEY sworn. - I live in Compton-street: On the 3d of this month, I lost my neck-handkerchief from my neck, and my hat from my head; I had been drinking along with some of my shopmates, and got in liquor, I laid down to sleep in Barrow's-court, Oxford-road ; the watchman found the hat upon the prisoner.

WILLIAM CONNOR sworn. - About three o'clock in the morning of the 3d of July, one of my fellow watchmen said there was a man sitting sleeping by a door, and that a woman, dressed in black, had robbed him of his hat and handkerchief; I saw her going up Portman-square, and I took this hat from her apron, and the neckcloth off her neck. (Produces them).

Morley. This is my hat and my handkerchief, I am sure they are mine.

- GLYNN sworn. - I am a watchman: I saw the prosecutor drunk, and the woman went up to him; I asked her what she was doing with him; she said it was her husband, that was about half past two o'clock; I desired her to take him home, and about three o'clock; I saw him lying without his hat, and without his handkerchief.

Prisoner's defence. About twelve o'clock I met with that man, and he asked me to have something to drink; he said he had no money, and he gave me his handkerchief and his hat for making use of me.

NOT GUILTY .

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

Reference Number: t17980704-10

416. JOHN COLLINS was indicted for feloniously stealing, on the 23d of May , sixty pounds weight of lead, value 10s. the property of Henry Scrimshaw , fixed to a certain building of his called a stable .

HENRY SCRIMSHAW sworn. - I live in Guildford-place, Foundling-hospital: I have no stables there, the lead was stolen from another building belonging to me, at the back of Southampton-terrace, Bloomsbury , it was fixed to a stable. On Thursday morning, the 24th of May, I missed it, the watchman brought the lead to me about ten o'clock that morning; I had it beat out, and I compared it with the lead that was left, and it matched correctly, excepting a part of the gutter; it was rolled up together in order to make it convenient to carry.

Q. Was there any part missing besides what was brought back? - A. Some small part was missing.

Q. Did the nail-holes correspond? - A. Yes. exactly; it was clear that nothing but the knife had separated them.

Q. What may the value of it be? - A.About ten shillings.

SAMUEL LEDWICH sworn. - I am a private watchman: On the 24th of May, between one and two o'clock in the morning, I saw the prisoner at the bar, and another man, coming across a field at the back part of Gower-street; I asked Collins what they had got there; Collins made answer he had nothing; upon that, the other man threw the property down, and ran away; Collins had not got the property; upon that, I laid hold of Collins, and took him to St. Giles's watch house, another watchman went with me who is not here; the lead was carried there in my presence; I searched him, and found two or three duplicates upon him, but no edge tool at all.

Q. How far was the place, where you stopped the prisoner, from where the lead was taken from? - A. I suppose about five hundred yards; I was present when the lead was compared, and it corresponded, except the gutter.

Q.(To the prosecutor.) When had you seen these premises? - A. Between eight and nine o'clock the evening before.

Prisoner's defence. I had been to Sommers-town, and got very much in liquor; I came away between eleven and twelve o'clock, I fell asleep in a field, and there I laid; when I waked, I saw a man coming across the field with a load, I asked him what it was o'clock; and he said, between twelve and one; then the watchman came up, and the man threw down his load, and ran away.

Q.(To Ledwich.) How far were the two men from each other? - A. The man with the load was about four yards behind the prisoner.

NOT GUILTY .

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

Reference Number: t17980704-11

417. ELIJAH FORSYTH was indicted for that he, on the 1st of January, 1775, in the kingdom of Ireland, did marry Margaret Baldridge , and afterwards, on the 5th of February, 1784 , at Manchester, feloniously did marry Margaret Wilson , the said Margaret Baldridge being still alive .(The case was opened by Mr. Hovel.)

ANDREW TODD sworn. - Examined by Mr. Hovel. I live in the county of Antrim, in Ireland: I have known the prisoner, Mr. Forsyth, about twenty-three years ago; he was a chapman carrying things through the country; he had no fixed residence that I know of.

Q. Do you know his first wife, of the name of Baldridge? - A. I do, very well; I was present when he was married, at Breehead, in the county of Antrim, twenty-three years ago.

Q.Who were present besides yourself, the prisoner, and Margaret Baldridge ? - A. I don't remember.

Q.What was the clergyman's name that married them? - A. Charles Douglas .

Q. Were they married, in fact, at that time, and in your presence? - A. They were.

Q.How were they married? - A. According to the regular rules of the Church of England, as far as I understand.

Q.Where were they married, at church? - A. In a private room.

Q. Did you ever see any other persons married in that country? - A. No, only myself.

Q.Were you married in the same manner? - A.Exactly in the same manner.

Q.Were you married according to the usual mode of celebrating marriages in that kingdom? - A. Yes.

Q.Was Mr. Forsyth married according to that mode? - A. Yes.

Q. How long did he continue to reside with his wife? - A. I cannot say how long; he resided with his wife and her brother.

Q. Can you take upon you to say for what period? - A. I cannot recollect that; I remember his returning to Coleraine to her own brother; they took a house, and lived in Coleraine together; I resided about four miles from Coleraine; they lived together about nine weeks then; Mr. Forsyth then failed, and shut up shop.

Court. Q. When was that; in what year? - A. The very same year he was married; then he went to America.

Q. Did you ever know any thing of Mr. Forsyth after he went to America? - A. Yes; he returned back again.

Q. Did he then return again to Coleraine? - A. No; he returned to his wife at Ballymouthree again; that was in less than two years after he left Coleraine.

Q. Can you say how long he resided with his wife then? - A. Better than a month, and perhaps two.

Q. Perhaps six? - A. No, I will not say so much.

Court. Q. Was it nearer two months than one? - A. Yes, I am sure he did at that time.

Mr. Hovel. Q. Do you know what became of him at the end of that two months, or six weeks, or whatever it was? - A. He left the country, and I never saw him since.

Q. Have you any doubt about his person? - A. No.

Q. In what year do you suppose he left that country? - A. I cannot say.

Mr. Garrow. Q.How much less than twenty years ago? - A. On or about that, I think.

Mr. Hovel. Q. You know the first wife intimately? - A. Yes.

Q. What sort of a character did she bear? - A. A very good one.

Q. Do you know whether she is now alive? - A. She was alive the 26th of last month, at Ballymouthree, where Mr. Forsyth left her.

Cross-examined by Mr. Garrow. Q. You have lived there very content and quiet for the last twenty years; who wrote to you to help to get some money out of this gentleman? - A. Mr. Wilson desired me to come.

Q. Did Wilson tell you he had been trying to get some money out of Mr. Forsyth but he could not? - A. He did not tell me that.

Q. He is brother to the second wife is not he? - A. Yes.

Q. You are the brother-in-law to the first? - A. Yes; I married a sister of Margaret Baldridge .

Q. He had no children by her? - A. No.

Q. During the short time they lived together

they were not very happy, I believe? - A. That is more than I know.

Q. When did Wilson first write to you to come over? - A. I cannot say.

Q. What age was he when he first became acquainted with your sister-in law? - A. Very young, not twenty years of age, I believe.

Q. So they went into a back room; at what time of night was it? - A. It was a back parlour; there was only one parlour in the house.

JOHN WILSON sworn. - Q. Do you know Mrs. Margaret Wilson ? - A. Yes.

Q. Do you know Mr. Forsyth? - A. Yes, very well.

Q. Were you present at any time, and when, at a marriage celebrated between Mr. Forsyth and Miss Wilson? - A. Yes, I was; on the 5th of February, 1784, at the old church, Manchester .

Q. Were they married according to the ceremonies of the Church of England? - A. Yes. they were.

Q. Did Mr. Forsyth at all cohabit with his second wife, Miss Wilson? - A. Yes.

Q. How long did he live with her? - A. I think, about twelve years to the best of my knowledge, at different places.

Q. At what place did they live, when they were married? - A. In Manchester, some years, and then there was an account given that he had another wife; upon hearing that, my sister left him, and at last of all, I suppose he thought it not proper to stay in the neighbourhood, and he went away to London.

Q. Do you know that any warrant was issued against Mr. Forsyth? - A. Yes, he was served with it.

Q. Did he surrender upon that warrant? - A. I was told so.

Court. Q. Were you present? - A. No.

Cross-examined by Mr. Garrow. Q. You were present at the examination afterwards, when he was admitted to bail? - A. Yes.

Q. And you were present when he surrendered to day? - A. Very well, sir.

Q. What is the situation in life of Miss Margaret Wilson - I suppose he married her for her fortune? - A. She had not much fortune, I believe.

Q. He cohabited with her after marriage, I suppose, as he had done before? - A. He did not cohabit with her before marriage.

Q. You have said, there was no cohabiting before - do you mean to say that? - A. Yes; excepting their courtship.

Q. Do you mean to say, to your own knowledge, they did not cohabit together, and it was at your solicitation to make an honest woman of her that he married her? - A. No.

Court. Are you the person that took out the warrant? - A. No.

Q. When was it taken out? - A. I cannot exactly say, my brother took it out.

JAMES WILSON sworn. - Examined by Mr. Hovel. Q. Did you take out a warrant against Mr. Forsyth upon this charge? - A. I did.

Q. He was not taken into custody, but surrendered upon that warrant? - A. He did, at the Police-office, Hatton-Garden.

Court. Q. When did you take out a warrant? - A. I think it was in May last.

Q. Had the prisoner any notice of the warrant? - A. I believe he had, from Mr. Railton, who wrote to him upon the business.(Mr. Garrow took an objection, that the prisoner ought not to have been tried in the county of Middlesex.)

Mr. Justice Buller. This offence is not committed in the county of Middlesex, and it has not been proved that the prisoner was apprehended in the county of Middlesex; the first marriage was in Ireland, and the second in Lancashire, and here is neither warrant nor recognizances, nor apprehensions, nor any one thing to prove the case.

NOT GUILTY .

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

Reference Number: t17980704-12

418. WILLIAM KELLEY was indicted for being found feloniously at large in this kingdom, before the expiration of the term for which he was ordered to be transported .

THOMAS SIMPSON sworn. - (Produces a copy of the record of the prisoner's conviction.) I saw Mr. Shelton sign it; (it is read.) I was present at the sessions, in December, 1796.

Q. How long had he been in custody before that time, so as to enable you to he certain he is the man? - A. He was in custody with us for some months afterwards; he had a conditional pardon to serve as a soldier, in the 60th regiment, in the West-Indies; I was not present at the delivery of him, he was sent to Southampton, about six or seven months after his conviction.

- RILEY sworn. - On the 6th of May, a little after four in the morning, I saw the prisoner and another person, of the name of Thomas Pursell , that I suspected of being base characters, inspecting all the areas; the prisoner attempted to get into a bakar's yard, in Carbutton street, but was prevented; I took him into custody, he was only liberated on the 1st of May from the House of Correction, where he had been six months upon a conviction, as a rogue and vagabond.

PETER JACOBS sworn. - I am servant to the keeper of Clerkenwell prison; I was going to lock

the prisoner up, and he told me he was a returned transport; he said, he was tried along with his wife; he said, she was acquitted, and he was convicted, and he desired me to tell Sir William Addington so, which I did.

Prisoner's defence. I was pardoned for a soldier; I went to Southampton, I went on board a transport, I was sent a-shore to sick quarters, at Southampton; I had been out late one night, and was pressed on board the Royal William, at Spithead, and then drafted on board the Albion, and there I remained till she was cast away off Harwich, coming up Swinn, and then I was drafted on board the Sandwich, and then sent on board the Lancaster, at Long-reach; then I was sent to Woolwich at sick quarters, and from thence to Guy's-hospital; when I was discharged from there, I went to Somerset-house, and had my free discharge. (Produces a certificate of the discharge from the Lancaster, of a person of the name of William Russell , dated from the sick and Hurt Office.)

Q.(To Simpson.) Do you know if this man ever went by the name of William Russell ? - A. Never.

Q.(To Jacobs.) Do you know any thing of his going by the name of William Russell? - A. Yes; I have never known him by any other name.

NOT GUILTY .

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

Reference Number: t17980704-13

419. JOHN PORTEES , otherwise DAY , was indicted for feloniously stealing, on the 25th of December , six printed bound books, value 10s. the property of Richard Hill .

The case was opened by Mr. Matthews.

RICHARD HILL sworn. - I am an attorney , in Carey-street : I was absent from the 5th to the 25th of December last, during which time I left the prisoner in care of my house; when I returned, I missed some of my books, the only book I have been able to trace, is, the second volume of Term Reports, my clerk found it at Mr. Fleming's, a pawnbroker in Fetter-lane, on Monday last.

Prisoner. Q. I wish to ask Mr. Hill, whether he and his wife have not been in the habit of pawning every little trifling thing about the house, from September 1796, to this time? - A. I never pawned any thing myself, and I have no reason to believe my wife ever did, I am sure she never had any occasion.

Court. Q. Have you never directed any other person to pawn any thing for you? - A. Never.

Prisoner. He has got, now, in the house, duplicates, from pawnbrokers, in different names, to the amount of 115.

Mr. Hill. I have some duplicates at home, which I have got as a security for money, belonging to another person.

Prisoner. Q. Have you your watch in your pocket now? - A. No.

Prisoner. Q. Upon your oath, is it not in pawn? - A. It is; I was in custody at the time.

Court. Q. Then what did you mean by telling me you had never pawned any thing? - A. My brother pawned that; I was under the necessity of pawning it, being locked up at the time for a large sum.

HENRY HILL sworn. - Examined by Mr. Matthews. I am brother of the last witness; the prisoner was left in possession of my brother's house, from the 5th to the 25th of December.

Q. Had he access to your brother's library? - A. Yes; when my brother came home, he missed six or seven books.

Court. Q. Do you know that the books had been there? - A. Yes; I have frequently read those books that were missing during his absence.

Court. Q. Subsequent to the time of your brother leaving town, had you yourself seen the second volume of Term Reports? - A. Yes.

Court Q. That you swear? - A. I do.

Q. I mean that second volume which your brother had? - A. Yes; the same that has been since produced; I do not mean to say that my brother was out of town, but he was absent from home.

Q.During that time, did your brother never come to the house? - A. No; I do not believe he did; I had access to the house several times.

Q. Who was left in the house besides the prisoner? - A. His wife and two young servant girls.

Court. Q. Was the prisoner left in the house? - A. Yes; he was my brother's clerk; at that time he used to keep the key of the office, and take it with him when he went out.

Q. You do not sleep in the house? - A. No; I only used to come there frequently.

Q. Are you an assistant to your brother in his business? - A. No.

Q. What business are you? - A. I am in the same profession.

Cross-examined by the Prisoner. Q. Were you ever at Manchester? - A. Yes.

Q. Do you know one Mr. Smith of Manchester? - A. I know several gentleman at Manchester.

Court. Q. Do you know Mr. Smith? - A. I believe I do know such a name.

Prisoner. Q. Had you ever any dealings with Mr. Smith, at Manchester? - A. Yes, I have.

Q. Did you ever draw a bill in the name of Chickledy and pay it to Mr. Smith to swindle him out of goods.

Court. You must not ask that question.

HENRY WHEATLEY sworn. - I am servant to Mr. Fleming, a pawnbroker; I took in this book of a man, on the 22d of December, in the name of John Portees , and I think the prisoner is the man, he is rather a remarkable man, but it is a long time to charge my memory, it is the only time I had any transaction with him, I have no doubt but he is the man.

Q. Can you positively say, he is the man? - A. I cannot. (Produces the book.)

Q. Do you believe it to be the man? - A. Yes.

Hill. This is one of the books that I left in my house on the 5th of December; here is a direction in it that I received to bring an action, I am sure it is mine.

Prisoner's defence. My Lord, the warrant upon which I was taken, bears date the 18th of January last, and it charges John Portees , alias John Day . Now Mr. Hill knows that my name is John Portees, but he chuses to alias me, because he wishes to defame me. Mr. Hill, the whole time I was with him was in the constant habit of pawning every little trifling thing in the house; I have known the house many times bare of every thing, without a table-cloth, or a tea-spoon in the house. Mrs. Hill can neither read nor write, and she has given me the tickets to pick out particular things for her when she has wanted them out, and I have seen even the ticket of a child's cap, that had been pawned for four-pence, and they always pawned things in other people's names, particularly in the name of Mrs. Williams, of Tottenham-court-road, a person not of the best character in the world; two children used to fetch and carry these things backwards and forwards. When they have had company, they have been obliged to borrow tea-spoons, because their own were in pawn; I only came down here last night between eleven and twelve o'clock, if I had had further time, I should have had some witnesses to prove what I have already stated. When I was taken up, I had Lord Kenyon's subpoena about me, to attend the Grand Jury, at Westminster, to give evidence upon a bill of indictment against Mr. Hill, for perjury; he said to a person that is now in Court, that if I went to give evidence against him, he would take me up upon that warrant, and as soon as I came out of the Grand Jury room, I was taken up upon that warrant. With respect to pawning the book in question, I solemnly declare to your Lordship I never did; and, with respect to the second witness, a very few days indeed will shew what a situation he will be in, on account of some transactions at Manchester; there have been several persons up from Manchester to take him, but have not yet been able to find him.

For the Prisoner.(The original writ of subpoena produced and read.)

THOMAS SIMPSON sworn. - I am servant to Mr. Kirby: I went up with a person of the name of Pinder, who is mentioned in that subpoena, upon an Habeas Corpus, to Guildhall, Westminster, to go before the Grand Jury, I went up with Jonas Waite, one of my fellow servants, and several debtors; as we were going into Westminster-hall, it being too soon to go before the Grand Jury, I saw Mr. Hill, Mr. Hill said, take care of that fellow, meaning Pinder; after we had stopped there some time, I thought it was time to go to Guildhall; we went to Guildhall, that was at ten o'clock, and we were informed the Jury would not meet till eleven; Pinder said to me, we may as well walk up and down here till eleven, and then we shall not be out of the way; we walked about, and met with the prisoner; when we got to Guildhall door, I saw Mr. Hill again, he came up to me, and said, so I see you have brought up Pinder; yes, Sir, says I, I have; why, says he, there is that other fellow that is with him, if he attempts to go before the Grand Jury, the moment he comes out I will apprehend him upon this warrant, shewing me the warrant; then he asked me if I knew of any constable about there, there was one belonging to Bow-street standing close to me; I told him that was an officer; he took him on one side, and shewed him the warrant.

Q. Did he say what he would have him taken up for? - A. He said for a felony.

Q. Did you stay there till after they had given their evidence? - A. Yes.

Q. Where was Mr. Hill? - A. With the officer, at the door; and the moment he came out, he took him up.

Cross-examined by Mr. Matthews. Q. How long was this ago? - A. I believe it was last Monday was a week, or Tuesday.

Q. And you recollect precisely the words he said? - A. Yes.

Q. Now were not these his words: I have had a warrant against this man a considerable time, I have not been able to find him till now, and as soon as he comes out I will apprehend him? - A. No; he said, if he attempts to go into the Grand Jury-room, the moment he comes out I will apprehend him upon this warrant.

Hill. My Lord, I beg leave to explain this.

Court. We do not sit here to hear speeches, but to hear facts.

Hill. I only mean to state facts. I went down for the express purpose of preferring a bill of indictment against Pinder; I preferred my bill, the Grand Jury found it a true bill, and threw out theirs. Happening to be down at Westminster, I asked the last witness for an officer; I gave the warrant to a man of the name of Rice; the prisoner had been out of the way five months, and I told

Rice I would be glad if he would take him as soon as he came out of the Grand Jury-room, but particularly desired him not to molest him, or take any notice of him till after he had come out of the Grand Jury-room.

NOT GUILTY .

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

Reference Number: t17980704-14

420. RANDALL SMITH was indicted for being found feloniously at large, in this kingdom, before the expiration of the term for which he was ordered to be transported .

THOMAS SIMPSON sworn. - (Produces a copy of the record of the prisoner's conviction.) I saw Mr. Shelton sign it. (It is read).

Q. Is the prisoner the man to whom that conviction applies? - A. Yes; he was delivered in January, 1795.

Q.For how long a time might you have an opportunity of seeing him before his conviction? - A. It might be a fortnight, I cannot say justly.

Q. Have you any doubt at all that he is the man that was convicted at that time? - A. I have none; he had a conditional pardon to serve as a soldier in the 60th regiment in the West Indies; he went to Southampton along with others, I cannot say when.(Mr. Kirby produced a copy of the conditional pardon).

JOHN COOKNEY sworn. - I attend the office at Bow-street: On the 3d of May I went, with some more officers up to Hyde-park, the City Light Horse Volunteers were reviewed that day; and just as we got to Grosvenor-gate, we saw about eight suspicious people, which attracted our attention, and somebody pointed out a pickpocket; I was desired to lay hold of the prisoner Smith, which I did; upon searching him, I found a sliver snuff-box; we took him to the Police-office; he said the box did not belong to him, it might probably have been put into his pocket. I detained him, and advertised the box, but have not been able to find the owner.(The prisoner put in a written defence, which was read as follows):

My Lord, and Gentlemen of the Jury, I most humbly beg leave to crave your Lordship's attention for a few minutes. When I last appeared at this bar, I felt the ignominy of my situation so much, that I was determined, had not the Royal mercy interposed, to have devoted my future life to a sincere repentance for my past indiscretions; but his Majesty was pleased to pardon me upon condition of serving as a soldier in the 60th regiment, which I joined at Tobago; and having done duty there for three months, was reported unfit for service, and sent to England under the command of Major Martin and Captain Court; we arrived at Spithead in September, 1796, and were discharged in the October following; I then returned to London to a distressed and disconsolate family, thinking I had received a general discharge from the army. I trust I shall be able to prove what I have here stated. Since I came to England, I have conducted myself with the greatest property, but, unfortunately, when a man has once appeared at this bar he is ever looked upon with suspicion; I therefore throw myself upon the candour of your Lordship, and the Gentlemen of the Jury, convicted they will act with that impartiulity which so peculiarly characterises the Juries of this country.

For the Prisoner.

WILLIAM BARNES sworn. - I entered as a soldier in the 60th regiment to go to the West Indies.

Q. Did you go under any pardon? - A. Yes.

Q. Do you know the prisoner? - A. Yes; he went over in the same ship with me; and served some months in Tobago; he was then examined by the doctor, and was declared unfit for service, and sent back to England.

Q.What was his complaint? - A.Age, I believe.

Q. How did you get home? - A. I was wounded in the right leg, and discharged from the regiment. (Produces his discharge).

Q. If the prisoner had come over as an invalid, would not he have received the same sort of discharge - this is a regular discharge? - A. I cannot say.

Q. Did he come home in the same ship with you? - A. No; I was a corporal in the regiment when he was sent home, I saw him go on board the ship; I understood he was discharged from the service.

JOHN GILLET sworn. - I am a soldier in the 60th regiment, in the West Indies, I went upon a pardon.

Q. Were you discharged? - A. Yes; (produces his discharge); I went over in the same ship with the prisoner, he was sent home as an invalid, being hurt in the shoulder; I think he went on board ship with Captain Court and Major Martin, and embarked for England, that was nearly two years before I returned.

Prisoner. I left my discharge at Portsmouth Barracks; I did not know but it was to be left there.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17980704-15

421. WILLIAM GREEN was indicted for feloniously stealing, on the 8th of June , a copper, value 10s. the property of John Shepherd , clerk , fixed to a certain out-house of his, he having no title or claim of title thereto .(The case was opened by Mr. Jackson).

JOHN SHEPHERD, clerk, sworn. - On Friday morning, the 8th of June, I lost a copper, I

might have seen it two or three days before, it was set in brick and mortar, as coppers are generally set; it was not missed till six or seven o'clock in the morning; I had been up the night before as I usually am, reading or writing, till one o'clock in the morning. I found one half of the circle of the brick-work knocked down upon the floor.

CHRISTOPHER CRIDLAND sworn. - I am an officer belonging to Bow-street: On the 8th of last month, between nine and ten at night, I was going upon duty down the Uxbridge-road, and under the wall, going to Bayswater, I saw the prisoner with a sack on his head, which contained this copper,(producing it); I asked him how he came by it, and he said he found it. I took him to the watch-house, and finding that Mr. Shepherd had lost a copper, I desired him to come down to the office.

Q.(To Shepherd). Is there any road from your house to Bayswater? - A. Yes, the commonest road in the world, infested by thieves every evening.

Q. Look at that copper? - A. This copper very much resembles mine, I cannot be physically certain, but I believe it to be mine; I sent for a builder, who measured the diameter of the copper and the diameter of the circle, and they corresponded, it was formerly a brewing copper, but has been lately used as a washing copper; the bottom of it was convex instead of concave, but I cannot say whether the convexity of this copper may not have been occasioned by the bruises it has received; there is also an incrustation round the bottom, occasioned by a sediment left from the washing; there was a sheet of lead at the upper part, which went down on the inside an inch, or rather more, and either the cement or the lead had left a little whiteness on the copper, and there is something of that kind upon it now; but that white mark appeared stronger than any white mark that I perceive here.

ANN ATKINS sworn. - I am servant to Mr. Shepherd, I have lived with him some years. I described the copper at Bow-street, that I should know it by the rising in the middle, and some dirt round the bottom.

Q. Do you remember to have seen that dirt after the last time of using it? - A. Yes; it was occasioned by the last time of using it.

Q. Look at that copper? - A. I see the same marks very plain.

Q. Is the appearance so singular as to enable you to swear to it? - A. Yes; and there is a white mark round the top, by which I know it to be my master's.

SARAH TODD sworn. - I am servant to Mr Shepherd: I have very frequently cleaned the copper, and I know it by the rising in the middle; I have not the least doubt but this is Mr. Shepherd's copper.

SUSANNAH WEBB sworn. - I know this copper to be Mr. Shepherd's, I used to clean it; I know it by this white at the top; I have no doubt of it's being Mr. Shepherd's copper.

Cridland. I searched the prisoner, I found nothing on him but a knife; he said he had found the copper in a ditch. He had no money about him.

Prisoner's defence. I went to see for a job of work at Mr. Adams's, at Parto- Bello Farm , and coming home, I found this copper in a sack in the ditch, I was going to take it to the Spotted Dog, a house that I use, till it was advertised.

Jury. (To Cridland). Q. How far from Mr. Shepherd's house was it that you took the prisoner? - A. About half a mile. There is a path from Mr. Shepherd's house to Bayswater.

Court. Q. Do you know whereabouts Porto- Bello Farm is? - A. Yes, it is near Kensington-gate; it lies between that road and the Harrow on the Hill road.

GUILTY .

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

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

Reference Number: t17980704-16

422. WILLIAM OAKLEY was indicted for feloniously stealing, on the 26th of May , two tin milk-pails with covers, value 10s. the property of Reuben Mayne .

REUBEN MAYNE sworn. - On the 26th of May, I pitched a pair of pails and covers at the door of the Maidenhead, in St. Luke's parish, about a quarter before eight in the evening; I went in to get a glass of ale, I drank my ale, and lighted my pipe, and when I came out in a quarter of an hour after, the pails were gone. They were found by the constable about eight days after.

JOHN GASS sworn. - I am a constable: I went, in company with a broker, to seize some goods, and in the prisoner's apartments were these milk-pails and covers, that was on the 2d of June; I knew him before, and knew that he lived there.(Produces the property).

Mayne. These are my pails, I know them by my name being on them.

AMY RIX sworn. - The prisoner lodged in my house. I saw the prisoner bring the pails in, on the 26th of May, about eight in the evening, and take them into his own apartment.

Prisoner's defence. I never had them in my possession, or ever touched them.

GUILTY (Aged 64.)

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

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

Reference Number: t17980704-17

423. WILLIAM ELLIS was indicted for feloniously stealing, on the 17th of June , a metal watch, value 30s. a steel watch-chain, value 1s. 6d. a cornelian stone seal, value 12d. two brass watch-keys, value 1d. and a silk handkerchief, value 1s. 6d. the property of John Bodenham .

JOHN BODENHAM sworn. - I keep the Angel, in the City-road : On the 17th of June, the prisoner came in with another man and called for a pint of porter; he took an opportunity of going up stairs, he came down again, and went out; and in consequence of what my girl told me, I went after him, and told him he must come back; then he ran away, and I pursued him, and took him; when I brought him back, I missed my watch.

MANN sworn. - On the 17th of June, the prisoner was brought back into the parlour; while the constable was gone for, I saw the watch in his hand under his coat, and a gentleman who was in the room, immediately took it from him. The officer has the watch.

JOHN LEE sworn. - I took the watch out of his hand, and gave it to Mr. Mann.( John Burland , the officer, produced the watch, which was deposed to by the prosecutor).

Court. (To Bodenham). Q. Where was the watch before it was lost? - A. It hung at the bed's head, up two pair of stairs.

The prisoner did not say any thing in his defence.

GUILTY (Aged 22.)

Transported for seven years .

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

Reference Number: t17980704-18

424. MARY ATKINS was indicted for feloniously stealing, on the 1st of June , a cotton gown, value 10s. the property of Thomas Davis .

JOHN CARROOD sworn. - I am servant to Mr. Thomas Davis , a pawnbroker : On Friday, the 1st of June, between seven and eight in the evening, the prisoner at the bar came in, and said she had lost the duplicate of two handkerchiefs; when she went away, I went to the door, and missed a cotton gown that was hanging up at the door; I saw her cross the road not a dozen yards from the house, she had a bundle in her apron; she went through a public-house, which is a throughfare into Bishopsgate-street, I immediately pursued her, and took the gown from her, it has a private mark upon it in my own hand-writing. (Produces it). I have kept it ever since.

Prisoner's defence. I was very much in liquor, a young fellow gave it me to pawn for him, and as I was going to pawn it for him, this young man came up and took it from me.

GUILTY (Aged 26.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980704-19

425. JACOB JONAS was indicted for that he, in the King's highway, in and upon James Smith , on the 31st of May , did make an assault, putting him in fear, and taking from his person a watch, with two cases, made of silver, value 3l. a gold watch-chain, value 20s. two gold watch-keys, value 10s. and a cornelian seal set in gold, value 10s. the property of the said James Smith .

JAMES SMITH sworn. - I am a broker , in Lombard-street: On Thursday the 31st of May, about a quarter past nine o'clock in the evening, going thro' Jewry-street, Aldgate ; I had come out of Mr. Kegg's house about three yards, when I saw the prisoner at the bar in the street before me, he immediately made a bow to me, and seeing that I was lame, he snatched the watch from my pocket.

Q. Did you make any resistance? - A. No; he snatched at my watch, and went off directly with it.

Q. Before that, did he stop you, or say any thing to you? - A. Not a word; it was a silver watch, with a gold chain, two gold watch-keys, and a gold seal, I valued it at 5l. he went towards Aldgate, and in about two or three minutes he was brought back again, when I recognized him immediately.

Q.Have you any doubt about his person? - A. Not the smallest; I afterwards saw the watch in the hands of the constable.

Q. Was it light? - A. Yes; there were no lamps lit.

Q. What sort of hat had he on? - A. A round hat.

Q. Was it his clothes or his person that you knew him by? - A. More by his person than his clothes.

Cross-examined by Mr. Alley. Q. This was just about the dusk of the evening? - A. Yes.

Q. And you had never seen this man before? - A. No.

Q. Had he a round hat on? - A. Yes.

Q. And you are a head taller than he is, I think? - A. Not so much as that.

Q. Do you mean to swear, that if you had seen that man at any future time, not being in custody, that you would have known him again? - A. Yes.

Q. How long might this affair have taken up? - A. Not above three minutes.

Q. And will you undertake positively to swear to a man's face under those circumstances? - A. Yes.

Q. How many other people might there be about? - A. There happened to be nobody at all in the street; he was taken in the same street, but I did not see him taken.

Q. How far is the place where you were robbed from the place where the prisoner was brought back to you? - A. About two hundred yards.

JOHN SMITH sworn. - I am a deputy cornmeter: I was going up Jewry-street, about ten

minutes after nine o'clock, I heard an uproar at the bottom of the street, and a man came running up Jewry-street crying stop thief, stop thief, and seeing nobody before him I naturally thought he was the thief; I then tripped up his heels, and he chucked away the watch with his left hand, we both sell together, I turned round and caught him by the collar; in the mean time a young man came by, and seeing the watch he picked it up, and said, here is the watch, his name is Phillips; when the prisoner fell, I saw him slide the watch along the pavement to a considerable distance, he did not chuck it away, I saw the watch-chain in his hand; I delivered him to Mr. Pinner, in Jewry-street.

Cross-examined by Mr. Alley. Q. What part of Jewry-street was it that you stopped the prisoner? - A. That end next Aldgate.

Q. And because the prisoner called out stop thief, you were kind enough to suppose he was the thief? - A. I had every just reason; I looked straight forward and saw nobody before him.

Q. Upon your oath, don't you know you will have a share of a forty pounds reward? - A. No, I do not.

Q. Did you never hear of a reward of forty pounds? - A. Yes.

Q. Do you know the Roe-buck public-house in Shoemaker-row - do you know Mr. Chapman? - A. No.

Q. Did not you tell Mr. Chapman it might be a nice thing for you? - A. I told Mr. Chapman if I had any share of it I would put it to a good use, I would give it to some charity or other.

Q. Do you or not know that there is such a reward? - A. I do not wish to have it; but if I was to have it, I would give it to some charity; I come here to speak the truth, I know nothing of either of the parties.

Q. This was about the dusk of the evening? - A. It was between fifteen and twenty minutes after nine o'clock.

Q. When was it that he threw away the watch, before you fell or after? - A. We both fell together, and as soon as we had fell, he scaled the watch away.

Q. Upon your oath, did you even see the watch in the man's hand at all? - A. I saw the chain, and not only the chain, but I afterwards saw him chuck it away.

Q. Have you ever seen the watch since? - A. I have.

Q. Was the watch-glass broke? - A. There was nothing broke.

WILLIAM PHILLIPS sworn. - As I was coming out of the court where I live, I heard the cry of stop thief, there was a mob, and I enquired what was the matter, and they told me; I saw the watch living on the ground, and I picked it up, the constable came up and I gave it to him.

Cross-examined by Mr. Alley. Q.When you came out there was a mob collected? - A. Yes.

Q. What time was it? - A. About a quarter after nine; I had just left work.

Q. What are you? - A. A watch-maker.

THOMAS PINNER sworn. - I am an officer,(produces the watch): On the 31st of May, between nine and ten at night, near my own house, I heard a cry of stop thief; I went out into Jewry-street, and found Mr. Smith, the corn-meter, had got hold of the prisoner; I took hold of the prisoner directly, and enquired who gave charge of him; somebody said, the prosecutor was in the highway, but had fell down; with that, I brought the prisoner to Mr. Smith, in the middle of Jewry-street; while I was going with the prisoner to Mr. Smith, Phillips holloaed out, here is the watch, I have found the watch; Phillips gave me the watch, and I have had it ever since. Mr. Smith immediately said, that is the man that robbed me just now; I asked him if he should know the watch; he said the maker's name was Grant, in Fleet-street. I searched him, but found nothing upon him except this whip, which he had in his hand. (Produces the watch).

Mr. Smith. This is my watch, I know the maker's name but not the number; and I know it by the seal, the keys, and the chain.

Prisoner's defence. As I was coming along I heard the cry of stop thief; I never had the watch in my custody at all.

GUILTY of stealing the watch . (Aged 40.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980704-20

425. JOHN HUTT was indicted for feloniously stealing, on the 8th of June , two pints of olive oil, value 3s. two pints of other oil, value 3s. and two flasks, value 1d. the property of George-Allen Aylwin , and Thomas Chapman .

The case was opened by Mr. Alley.

GEORGE- ALLEN AYLWIN sworn. - Examined by Mr. Alley. I am in partnership with Mr. Thomas Chapman ; the prisoner formerly lived with me as an extra man; he had been dismissed from our service the day before, I believe: Between one and two o'clock on the 8th of June, I saw the prisoner in the yard; some of the men in the yard said, that two flasks of oil that were on the place. had been taken from the prisoner; he made no particular reply then, but I desired some of my people to go immediately for a constable; I asked him, if he would shew the constable where he took them from.

Q. Did you make him any promise if he did, or use any threat if he did not? - A. No.

Mr. Knapp. Q. That was not till after the constable came? - A. No.

(Mr. Knapp contended, that being in the power of a constable, when he was asked the question, amounted to a threat or promise, and that he was induced to confess, in consequence of being in that power.)

Court. I really think it does not.

Mr. Knapp. Q. Did not the constable, or any other person say, it would be better for him? - A. Not to my knowledge; it was not said within my hearing, not do I know that it was said-I desired the constable to go with him, and I went with him, and he pointed out the place where he had taken it from.

Mr. Alley. Q. The oil was in flasks? - A. Yes; the prisoner went past the warehouse, and said, he believed he took them from there, and then he came into the warehouse, and said, that was the place he had taken them from; there was a vacancy in one half chest of two flasks; I tasted the oil, and it was the same sort of oil, it was new oil, and I was satisfied it must have come from that warehouse.

Cross-examined by Mr. Knapp. Q. I take it, if you had tasted any other new oil, it would have had much the same taste? - A. It would.

Q. Do you sell oil by retail? - A. No; we are agents.

Q. You send samples out? - A. Yes.

Q. You will not take upon you to swear, that there were no samples went out that day? - A. I cannot say that there were, I do not think there were.

EDWARD ROBERTS sworn. - Examined by Mr. Alley. I am a constable; I was sent for by Mr. Aylwin, to take the prisoner into custody, I did not find any thing upon him; Mr. Aylwin desired me to take him into the warehouse, and ask him the particulars; I asked him if he knew the place where he took the oil from.

Q. Did you tell him it would be better for him to confess, or that it would be worse for him if he did not? - A. No; there was a chest up stairs, where the first tier of bottles were gone, the second tier had bottles removed out of it, and he said, that is the chest I took it out of.

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

GUILTY (Aged 50.)

The prisoner was recommended by the Jury to mercy.

Whipped in the gaol , and discharged.

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

Reference Number: t17980704-21

426. GEORGE RENNY was indicted for feloniously stealing, on the 2d of June , thirty pounds weight of lump sugar, value 30s. the property of Thomas Newman .

WILLIAM WATSON sworn. - I am servant to Mr. Thomas Newman, waggoner : On Saturday the 2d of June, between three and four in the afternoon, I took the prisoner in the waggon, with the loaf of sugar in his hand, he was very abusive, it was in a brown paper parcel. (Produces it.)

Q. Is there any writing upon it? - A. Yes, but I cannot read.

Q. Did you see any vacancy for it? - A. Yes.

Q.Had he lifted the sugar out of the place that it was in? - A. Yes; he had it in his arms, and I made him lay it down; I delivered the sugar to Mr. Atkins; I am sure this is the same parcel.

RICHARD ATKINS sworn. - I keep the Vine inn; I had not left the waggon two minutes, when I heard somebody say, the waggon is robbed, I turned round directly, and saw the prisoner in the waggon.

Q.(To Watson.) What is the value of the sugar? - A. About thirty shillings, it is worth one shilling a pound; the prisoner used very abusive language indeed.

Prisoner's defence. I now belong to the Sea-horse frigate; I got leave to come a-shore to seek after my prize money that was due to me from the Scorpion sloop of war; I am entirely innocent of it, I was never in the waggon at all.

GUILTY (Aged 17.)

Judgment respited to be sent on board his ship .

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

Reference Number: t17980704-22

427. ROBERT LUSBY was indicted for breaking and entering the dwelling house of James Peake , about the hour of twelve in the night of the 25th of May , with intent the goods in the said house, burglariously to steal, and stealing 11 planes, value 6s. a saw, value 1s. and two pair of leather shoes, value 4s. the property of the said James .

JAMES PEAKE sworn. - I keep a house, No. 2, Worship-street, Finsbury-square , I am a coach-maker : On the 26th of May, about ten in the forenoon, I missed two pair of shoes out of the workshop, and about eleven, one of the officers came to tell me they had got my apprentice at the office, that was the prisoner; I got up about six o'clock in the morning, and found the door of the workshop open backwards.

Q. Is that work-shop a part of your dwelling-house? - A. No, it is not under the same roof; there is a little bit of a yard between, of about eight feet, more or less, or it may be ten feet; the dwelling-house fronts Worship-street, and we pass

through the dwelling-house into this small yard, and then there is a wash-house, and the work-shop is over that.

Q. Did you fasten it the night before? - A. No, my son did, he is not here; the back door of the shop had been opened, and the fastening thrown upon the ground, the window appeared to be just the same as usual. About ten o'clock in the morning, I missed two pair of shoes; I did not miss any thing else till I saw the planes at the office; and seeing a bag on the table, I thought I saw the toes of my shoes through the bag, there were eleven planes, a saw, and two pair of shoes in the bag; they were all mine.

Q. Where had this apprentice of your's been the night before? - A. He had left me a year and a half; I cancelled the indentures before a Magistrate.

Q. When had you seen the planes and the saw before? - A. I cannot positively say; I might have used them the day before, or perhaps not for two or three days; I had seen the shoes the day before, I hung them up myself.

JOHN GLOVER sworn. - I am a patrol of St. John's, Hackney: On the 26th of May, about half-past two in the morning, I met the prisoner at a place called the Grove, at Hackney; seeing him with a bag, I asked him what he had got there; he said, carpenter's tools; I asked him where he was going with them, and he said, he was going to work at Mr. Brace's, at Walthamstow, where he was doing a job; I was not satisfied with that, and I took him to the watch-house; I searched him and found a number of duplicates upon him, the other officer took from him a pair of pistols.

JAMES GRIFFITHS sworn. - I was in the watch-house when the prisoner was brought in by Glover, and I searched him and found a brace of pistols in his waistcoat pocket. (Produces the pistols, and the property, which was deposed to by the prosecutor.)

The prisoner did not say any thing in his defence.

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

Transported for seven years .

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

Reference Number: t17980704-23

428. RICHARD JACKSON was indicted for feloniously stealing, on the 21st of June , a ham, value 3s. and a brass mortar, value 10d. the property of Letitia Hobkirk .

LETITIA HOBKIRK sworn. - I keep the George, at Enfield ; I do not know any thing of the robbery, I was out at the time.

SARAH HOBKIRK sworn. - I am the daughter of the last witness: On the 21st of June, the prisoner came to my mother's house as a private in the Fifeshire Sencibles, with a billet, he staid in the house about two hours, he called for a pint of beer, and went out while the beer was drawing; I heard a noise in the street, and he was brought back in about ten minutes to the gate by Mr. Young and Mr. Taylor, he was not brought into the house; the ham and mortar were brought back with him.

- YOUNG sworn. - Mr. Taylor and I were returning home to Enfield, and observed the prisoner getting over a hedge; I rode up to him, and asked him what he was breaking the fences for; he said he wanted to sleep; I asked him what he had got in his pocket; Mr. Taylor said it was a ham; we jumped off our horses, and took him by the collar; he then got out of the coat, it was a very large great goat, and he and Mr. Taylor had a struggle; we took him just by the George; a constable came up, and we delivered him to the constable. (The property produced).

Sarah Hobkirk . After he was brought back, I searched the house, and missed the ham and a brass mortar, the mortar was upon a shelf under the ham; I cannot say when I had seen the ham before, I did not take particular notice, it was a ham like this; the mortar I know to be my mother's.

The prisoner said in his defence, that he was out of work, and had enlisted in the Fifeshire Sencibles; that he was intoxicated and went down a lane to go to sleep, where he found the property covered with dirt. GUILTY (Aged 33.)

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

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

Reference Number: t17980704-24

429. SAMUEL SERLE was indicted for feloniously stealing, on the 31st of May , eighteen rabbits, value 12s. and a wicker basket, value 1s. the property of William Power .

WILLIAM POWER sworn. - I am a waggoner , I am answerable for any thing that is lost from my waggon: As I was coming down Holborn, about a quarter after four in the morning of Thursday the 3d of May, a gentleman told me I had lost a basket, I immediately missed the basket; I turned my head and saw a man with the basket, I laid down my whip, and asked a man to stay with the team; I lost sight of the man by his turning a corner, he turned up Southampton-street, and slung the basket down at the corner; I picked it up and gave it to a man, and pursued, and a watchman caught him in Southampton-street, I had given an alarm; I can swear to the basket, but I cannot positively swear to the man, because he was at a distance before I saw him.

Q. What sort of light was it? - A.Quite daylight; we took the basket in the waggon to Newgate-market, and there the rabbits were sold, and

the watchman has had the care of the basket ever since.

THOMAS LYONS sworn. - I am a watchman: After I had called four o'clock, turning out of Holborn into King's gate-street, Bloomsbury, I heard an alarm; I saw the prisoner come out of Holborn with a basket in his arms, I am sure the prisoner is the man, then he pitched it down; two men stood in Holborn, one of them, with a handkerchief in his hand, called out and said, it was all safe, and then he took up the basket and put it on his shoulder; I sprung my rattle, and followed him; he then pitched the basket by Southampton-street, and he was stopped by another watchman, who is here; I took him to the watch-house, the waggoner went with us.

THOMAS BUNDY sworn. - I am a watchman: A little after four in the morning of Thursday the 31st of May, I heard the rattles spring, and a cry of stop thief; I looked down the street, and saw the prisoner with a basket upon his shoulder, then I saw him throw it down, I kept my eye upon him; there was another man with the prisoner, and they were both running together; I took the prisoner by the collar, and took him to the watch-house; the waggoner said it was his basket, and that there were a dozen and a half of rabbits in it.(Lyons produced the basket, which was deposed to by Power).

Prisoner's defence. It being holiday-time I had been at Wandsworth-fair, and being rather in liquor I staid later than ordinary; I met a man in Holborn with a hamper upon his shoulder, I heard the cry of stop thief, the man threw down the hamper, and the watchman immediately laid hold of me, and said I was the man; I did not make any resistance.

Q.(To Bundy.) Are you perfectly sure this is the man that had the basket? - A. I am perfectly sure he is the man.

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

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

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

Reference Number: t17980704-25

430. MARY WILLIAMS was indicted for feloniously stealing, on the 30th of June , a linen sheet, value 3s. the property of John Hillery .

ANN HILLERY sworn. - I am the wife of John Hillery , No. 21, Monmouth-street : Last Saturday morning, the 30th of June, I saw the prisoner go out, down stairs, as I was coming out of my own room, I did not see what room she came out of; I had known her before, I am sure it was the prisoner; I went into my room, and missed the sheet; about an hour afterwards, I saw the sheet again, at Mr. Davis's, a pawnbroker, in West-street, and I knew it again immediately; there is no mark upon it, but I can swear to my own work and the cloth.(The pawnbroker's servant produced the property, which was deposed to by the prosecutrix).

THOMAS MUMFORD sworn. - I am an officer belonging to Bow-street; I took the prisoner into custody about eleven o'clock last Saturday morning, in the pawnbroker's shop; I took her to Bow-street, and found fourteen duplicates in her pocket, but none belonging to the sheet; I asked her where that duplicate was, and she said, she had lost it.

Prisoner's defence. I was not at the pawnbroker's at all, I was not out till half past seven o'clock, and then I only went out for a bundle of wood.

GUILTY (Aged 20.)

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

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

Reference Number: t17980704-26

431. JAMES BAKER and CHARLES GODFREY were indicted for feloniously stealing, on the 19th of June , an iron spade with a wooden handle, value 1s. 6d. the property of John Hatt , an iron shovel, value 1s. 6d. the property of John Cain , an iron shovel, value 1s. 6d. the property of Daniel Sheen , an iron shovel, value 1s. 6d. the property of John Dawson , and another iron shovel, value 1s. 6d. the property of Jeremiah M'Carty .

JOHN HATT sworn. - We were at work in the gravel pits, at Stepney New-square: On Tuesday, the 18th of June, our tools were removed into a back yard in Stepney New-square ; mine was a spade belonging to the Trust of Whitechapel division, but I was in care of it. They were put into Thomas Fenn 's yard, who works in our pit.

Q. Were they locked up? - A. No, they were in the yard enclosed by a wall of about eight feet; there was no way into it but through the house; we missed our tools the next morning, about half past five. I saw my spade again at the watch-house.

JOHN CAIN sworn. - I was at work in the gravel-pit; I lost a shovel that I had put into a shed in Fenn's yard: On the 19th of June, in the morning, about half past five, I was going to work, and missed it; I saw it afterwards at the watch-house, at Bethnal-green.

DANIEL SHEEN sworn. - I work in the gravel-pits; I delivered my tool up to John Cain ; the next morning, I missed it; I afterwards found it at the watch-house.

Q.(To Cain). Did you put Sheen's spade into the shed? - A. Yes.

Q. Did you put Dawson and M'Carty's there? - A. Yes, I did.

JOHN DAWSON sworn. - I missed my spade on the 19th, in the morning, when I came to work; I saw it afterwards at the watch-house.

JEREMIAH M'CARTY sworn. - I missed my spade on the 19th, in the morning; I saw it afterwards at the watch-house.

ROWLAND CHARTER sworn. - I am a patrol of Bethnal-green-road: I stopped the two prisoners about half past two in the morning of the 19th of June, nearly facing the George, about an hundred yards from Wilmot-square; one had three shovels, and the other a shovel and a spade; I asked them where they were going, and they said, they were going a sewering; I told them, they had tools enough for five or six men; and I took them to the watch-house.(The property was produced, and deposed to by the several prosecutors).

Godfrey's defence. As we were coming down Whitechapel-road, we picked them up, they were all tied up together.

Baker's defence. I saw them lying in the road tied up together, and we picked them up.

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

Baker, GUILTY (Aged 32.)

Godfrey, GUILTY (Aged 29.)

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

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

Reference Number: t17980704-27

432. MARY MOLE was indicted for feloniously stealing, on the 2d of June , a silk cloak, value 12s. the property of Evan Morris .

ANN MORRIS sworn. - I am the wife of Evan Morris ; the prisoner lodged in the same house with me: I lost my cloak from a drawer in my room; I missed it in the afternoon, I believe, of the 2d of June; I saw it the next day, at Queen-square, in the hands of Mr. Gordon, a pawnbroker.

DAVID GORDON sworn. - I am a pawnbroker: On Saturday, the 2d of June, a little after four, the prisoner brought me this cloak, and asked twenty shillings; she said, her name was Elizabeth Young , that she lodged at No. 41, Chandos-street; I pretended to make out the ticket, while I sent one of my boys to see if it was true, and the boy brought word it was not; I told her, I suspected it was not her own, and I would not part with it; then she said, she lived in Strutton-ground, and afterwards, she said, she lived at No. 22, Poland-street; that was where Mrs. Morris lived. (Produces the cloak).

Mrs. Morris. I live at No. 22, Poland-street. This is my cloak.

Prisoner's defence. The cloak was lent to me; I was in distress, and pledged it. I expected my husband home in a few days, and I intended to replace it again.

GUILTY (Aged 20).

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

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

Reference Number: t17980704-28

433. ELIZABETH SMITH was indicted for feloniously stealing, on the 8th of June , two guineas and three shillings, in monies numbered , the property of King George .

KING GEORGE sworn. - I was very much in liquor, I went home with the prisoner, I went to bed with her, and when I awaked in the morning, I saw her with her hand in my breeches pocket; there was a knife lying upon the table, and she took that up, and said, she would run it into me.

Prisoner's defence. I saw none of his money, except half-a-crown that he gave me to sleep with me.

Q. How much money had you? - A. Two guineas and three shillings, besides the half-crown that I gave her.

GUILTY (Aged 27.)

Transported for seven years .

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

Reference Number: t17980704-29

434. JOHN CONNOR was indicted for feloniously stealing, on the 6th of June , a quart pewter pot, value 6d. the property of Joseph Simpson .

The prosecutor and witnesses were called, but not appearing, their recognizance was ordered to be estreated.

NOT GUILTY .

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

Reference Number: t17980704-30

435. EDWARD MURRAY was indicted for feloniously stealing, on the 13th of June , two dimity petticoats, value 5s. a linen shift, value 5s. a calico sheet, value 5s. a linen sheet, value 5s. and a flannel petticoat, value 2s. the property of Mary Spencer .

The prosecutrix and witnesses were called, but not appearing, their recognizances were ordered to be estreated.

NOT GUILTY .

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

Reference Number: t17980704-31

436. PHILIP PAGE was indicted for feloniously stealing, on the 19th of June , two pieces of woollen cloth, in length 20 yards, value 6l. the property of Benjamin Chandler , in his dwelling-house .

BENJAMIN CHANDLER sworn. - I am a wollen-draper in St. Paul's Church-yard ; I know nothing of the loss.

Q. Is your shop a part of your house? - A. Yes.

THOMAS MASON sworn. - I am an articled servant to Mr. Chandler: On the 19th of June, I lost two pieces of cloth out of the shop, containing about twenty yards, worth six pounds; I saw the prisoner go out of the shop with it, I ran after him, he turned up Black-swan-alley; I saw him throw down the goods, I picked them up, and called out, stop thief; I returned to the shop, and in about five minutes the prisoner was brought back, I am sure he is the man; I followed him along the Church-yard, within ten yards of him, I did not see his face that I could notice him, I knew him by his coat, and by his size.

EDWARD STRATTON sworn. - I heard the cry of stop thief in Carter-lane, Black-swan-alley comes into Carter-lane; the prisoner was the first person that came up, and I stopped him; he said he had done nothing, and I asked him what he ran away for; then I took him by direction to Mr. Simpson's, in St. Paul's Church-yard, and there the last witness owned him.

ROBERT BUNYARD sworn. - I am a constable; I was sent for to take charge of the prisoner, I did not see him till he was brought back again,(produces the property); I have taken care of it ever since.

Mason. These are Mr. Chandler's goods, they were in the shop before I saw the prisoner run out.

Prisoner's defence. I am innocent of the crime laid to my charge.

GUILTY of stealing to the value of 39s. (Aged 22.)

Transported for seven years .

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

Reference Number: t17980704-32

437. MARY BOWMANA was indicted for feloniously stealing, on the 16th of June , a wooden tub, value 3s. 6d. the property of Samuel Walford .

SUSANNAH WALFORD sworn. - I am the wife of Samuel Walford; I lost a washing-tub out of the yard in the night of the 16th of June; I live in Green-arbour-court, Little Moorfields ; I saw it on the Monday afterwards, in Shoreditch watch-house, I know nothing about the prisoner.

WALTER JENKINS sworn. - I am a watchman; between two and three o'clock last Saturday was a fortnight, the 16th, in the morning, the prisoner passed my box; I asked he what she had got there, she said, washing-tubs; she said, she had brought them from Mookwell-street, and was going to take them to one Mrs. Hart, a dealer, in Spitalfields-market; I told her to go along, and she turned down Horshoe-alley, and I went after her; I told her, that was not her way to Spitalfields-market, and then I suspected her, and took her to the watch-house. (Produces the tub.)

Mrs. Walford. I had this tub made for me, and the cooper put me on a hoop that came only halfway down, I wanted an iron hoop, but he refused to put one on.

Prisoner's defence. Mrs. Hart gave them to me, she was very much intoxicated, and I told her, I would take them home for her the next morning; I know nothing of where they came from, any more than the child unborn.

GUILTY (Aged 51.)

Whipped in the goal , and discharged.

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

Reference Number: t17980704-33

438. WILLIAM ORTMANDEBERG was indicted for feloniously stealing, on the 30th of June , sixty-four pounds weight of veal, value 30s. the property of Alexander Gordon .

ALEXANDER GORDON sworn. - I am a salesman , in Newgate-market : I lost two quarters of veal last Saturday out of my shop, in the market, between seven and eight in the morning; in consequence of some information that I had received, my man found the veal in his shop, at Westminster.

JAMES PAGE sworn. - I am servant to Mr. Gordon; I was in the shop when the veal was stolen, between seven and eight o'clock in the morning; I was ordered to search the prisoner's cart, which I was informed was in Paternoster-row; I was going down the paved alley that leads into Paternoster-row, and met the prisoner; he said, do you want me? or words to that effect; I said, yes, for he had got a wrong side of veal in his cart; sometimes the porters take a wrong side of veal; oh, says he, I bought a side of veal and paid for it, I will go and settle with your master about that; I went back, he went to my master, and said, Mr. Gordon, I bought a side of veal of you, and paid for it; yes, says he, you did, and he looked into the book, and said it was right; some suspicions being entertained afterwards, I was sent to Westminster, and I got there, I believe, about a quarter after eleven, or thereabouts; I went into the shop, and the lad was cutting the meat in the shop; I asked if his master was at home, he said, no; I looked round the shop, and discovered a hindquarter of veal, I knew it to be Mr. Gordon's veal, by the quality, and the likeness to the fellow that was left behind, I had moved it backwards and forwards several times in the course of the morning; I thought I had no right to take it without an officer; I sent for an officer, and told him, I could swear to it; it was taken back to Newgate-market, the prisoner was taken up for another offence.

JAMES NEWTON sworn. - I am servant to Mr. Gordon: Last Saturday morning, Mr. Phillips bought a calf of my master, and it was hung up to be weighed inside the door; the prisoner had just before bought a side of veal and paid for it, and took it away; Mr. Phillips came just after, and when we came to weigh it, there was a side of Mr. Phillips's calf gone; when we brought it from Westminster, we took it to Guildhall, and it was identified there, it was so cut up, that there was more bone on one side than the other, I am sure it is the same.

BENJAMIN PHILLIPS sworn. - I bought a calf of Mr. Gordon, about a quarter past seven o'clock; I went home to fetch the money to pay for it, when I came back, a side was missing; I had the other two quarters weighed, and paid for them, and took them home; sometime after, they told me, a quarter was taken to Guildhall, and I must go to identify it; I went, and found it was the same that had been lost in the morning; I am pretty sure it was a part of my calf, it was cut cross-quartered, and was a remarkably fat cow calf.

CHARLES WHATMORE sworn. - I had charge of the prisoner and the meat, I took it to Guildhall.

Mr. Gordon. The veal that was at Guildhall was the veal that I had lost.

Cross-examined by Mr. Watson. Q. You say, you knew it by the quality, had you no other veal of the same quality? - A. Yes; I had some that was better.

Q. Did you know the weight of it? - A. Yes, when I looked in the book.

Q. Had you handled it? - A. Yes, before I sold it.

Q. Did you know the weight of it then? - A. No, I did not.

Q. Nor you did not butcher it? - A. No.

Q. And you had other calves perhaps butchered in the same way? - A. Yes.

Court. (To Newton.) Q. When was it that you weighed it? - A. About nine o'clock.

Q. Was that before any part was missing? - A. No, afterwards.

Q. How do you know the weight of that that was stolen? - A. The two quarters that were left, weighed eight stone and one pound, and what was brought back, weighed four stone.

Prisoner's defence. I went to buy a side of veal of Mr. Gordon; Mr. Gordon has had twenty sheep in a week to sell for me by commission; I bought this side of veal of Mr. Gordon, and told him, he must give me credit for it till Monday.

Court. (To Gordon.) Q. Did you sell him more than one side? - A. No, he cheapened but one.

Mr. Watson. Q. Which side of the calf was it he bought of you? - A. I cannot take upon me to say.

Q.And yet you can take upon you to swear, that that was the identical veal? - A. Yes.

For the Prisoner.

HENRY HORSFALL sworn. - I have known the prisoner four years: Last Saturday morning, I happened to be in Newgate-market, and the prisoner and I had a pint of ale together, at the Bell; I observed him talking to a gentleman in the shop, and saw him buy some veal, and pay some money.

Q. Were there two lots of veal or one? - A. I believe there were two.

Q. Was it Mr. Gordon? - A. I don't know who it was.

Court. Q. Your business did not lead you to look at what was going on? - A. No.

Q. Nor you don't know any thing about the weight? - A. No.

GUILTY (Aged 35.)

Transported for seven years .

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

Reference Number: t17980704-34

439. JOHN INNES , RICHARD PALMER , and JOSEPH WITH , were indicted, the two first for feloniously stealing, on the 20th of May , eighty bushels of wheat meal, value 20l. fifty bushels of flour, value 20l. nine hempen sacks, value 20s. and a sack cart, value 20s. the property of Charles Hammerton , Esq. and the other for receiving the same goods knowing them to be stolen .(The case was opened by Mr. Knapp.)

JOHN-SHEPHERD KILLICK sworn. - I am son-in-law to Mr. Alderman Hammerton, who is proprietor of the Lea-bridge corn-mills .

Q. You conduct his concerns on his behalf? - A. Yes.

Q. Has he any partner? - A. No, he has not: In consequence of some information I apprehended the prisoners; I did not know the name of Innes till that day, but he was perpetually with Palmer the publican , who lives close to the mills on the other side of the river; I went to Palmer's to enquire for Innes, and Palmer denied his being in the house; I told him I was certain he was; and then he directed me to go to the room, which I did, this might be about half past three on Thursday morning the 24th of May, there is a foot-bridge which goes from this house to Mr. Hammerton's premises; I went into the room, and there was Innes lying upon the bed, with his boots on all over flour, his coat was off, and laid upon him, his other clothes he had on; I apprehended both Palmer and Innes; I apprehended With about one o'clock on the same day, at his house at Paddington, he keeps a corn-chandler's shop. The constable produced the warrant to search the premises; I told him we were come to see if he was in possession of any property belonging to Mr. Hammerton of

Hackney-mills; he said, we might go over the premises, and in his warehouse was a sack-cart, and some sacks that I am pretty clear came from the mill; the sack-cart was marked C. Hammerton four times over, I am in possession of the iron that marked them; there are marks upon the sacks which our man will prove; he said he had bought the sacks at a broker's, about fifteen or eighteen months before; afterwards he denied it, and said he had bought them at a sale but could not tell what sale.

Q. Do you know how long this cart had been made? - A. Not above ten months, there is the maker's name upon the cart; he afterwards said he had bought it of a man who had bought it at a sale.

Q. Had you any conversation with Palmer afterwards? - A. Yes, at the public-house adjoining the office in Worship-street; he said, he wished to speak to me, he wished to turn evidence, and he would disclose such a scene that I should be astonished at; I told him I thought I knew enough already; he said, I did not know one twentieth part respecting the mills, and other concerns too.

Cross-examined by Mr. Knowlys. Q. What did Palmer do respecting Innes? - A. He said he did not sleep there; and then afterwards, when I insisted upon searching the house, he told me where he was.

Q. You went afterwards to Mr. With's who keeps a corn-chandler's shop? - A. Yes; and a baker's shop somewhere else.

Q. When you told him the business upon which you came, he was very willing you should search? - A. He said we might see the premises.

Q. And he went with you and the officer? - A. Yes; and two other men, Moses Speckernell and Absalom Phillips; and in the warehouse we found a bolting-mill, which I do not think any corn-chandler would have, but there it was; there was every apparatus for dressing flour, as complete as Mr. Hammerton could have them at his mills.

Court. Q. Do not bakers use a bolting-mill? - A. No, not in town; they may in the country.

Court. Q. Is it the business of a corn-chandler to sell flour? - A. Yes.

Court. Q.Without any apparatus to grind it? - A. None.

Court. Q. Do persons in the mills dress it? - A. The usual course of the trade is, for the miller to dress it.

Court. Q. There were no apparatus for grinding? - A. No.

JAMES GRIFFITHS sworn. - Examined by Mr. Knapp. I am a constable: I was called upon to apprehend Mr. With at his own house, at Paddington; I found a sack-cart, and nine sacks.

Q.Had you any conversation with him? - A.Nothing particular.

Q. Had you any conversation with Palmer? - A. Yes, at a public-house joining Worship-street-office, the same morning he was taken; he asked me if I would speak to Mr. Skillick and Mr. Hammerton, and know if he could be admitted, that he would inform them of many things that would surprise them.

Mr. Knowlys. Q. Mr. With shewed you about his premises without the least objection? - A. Yes.

JOSEPH ROBJANT (an accomplice) sworn. - Examined by Mr. Knapp. I was employed by Mr. Hammerton, as miller; the prisoner Innes had been a miller, and a helper in our mills; Palmer is a publican at Lea-bridge; Mr. With is a corn-chandler, I have known him six or seven months; I have known Palmer three or four years, he lived in the house of Mr. Hammerton: On the 24th of May, there were five sacks of meal went away from our mills, there were John Innes and Richard Palmer , and John Limerick , a man that drove the cart, I believe it was his own cart, I was at work that night and delivered it.

Q. Whose meal was it? - A. I cannot say; some one person's, and some another.

Q. But all out of Mr. Hammerton's mill? - A. Yes; they all three carried it over to Richard Palmer 's; I do not know what became of it after that, I was not out of the mill.

Q. Do you know of any transaction happening on the 20th? - A. No particular day, I cannot say:

Q. In the month of May, and previous to the 24th, can you tell us of any meal being delivered by you, and who to? - A. I cannot say, it might be two or three weeks before the 24th.

Q. To whom did you deliver any thing before that time? - A. Two or three sacks of meal to Richard Palmer and John Limerick ; John Innes was present.

Q. Who took those out of the mill? - A. Limerick.

Q. What then became of Palmer and Innes at that time? - A. They were at Palmer's.

Q. Did you see Palmer and the other over the water? - A. Yes; then they all assisted in putting it into the cart, and went away with it.

Q. Do you know any thing of With? - A. I saw him at Palmer's six or seven weeks before.

Q. Do you remember any money being paid for any meal by With? - A. Not at that time; but afterwards he sent the money by Limerick.

Q. How happened it that you knew With? - A.Limerick introduced him to me at Richard Palmer 's.

Q. Was Palmer by at the time of any conversation that passed? - A. Yes; With said, if we could get any meal or flour for him, that was in

the mill, he would give twelve shillings a sack for meal, and we agreed upon that.

Q.Afterwards you delivered these things; where they went you do not know, but Limerick brought you the money? - A. Yes.

Q. Had you any other conversation with With at any other time? - A. Yes; he was there twice after that.

Q. Had you any conversation at those times? - A. No; nothing more than to get any thing what we could for him.

Q. Do you know the cart that used to come for the meal and flour? - A. Yes, but I do not recollect the name of it, it went by the name of Limerick's cart; the sacks were some marked one way and some another, they came out of Mr. Hammerton's mills.

Q. Mr. Hammerton has a contract for Government, and some of the sacks had the Government marks? - A. Yes.

Q. Have you seen the sack-cart? - A. Yes, at the office.

Cross-examined by Mr. Knowlys. Q. Then the sacks that went away from Mr. Hammerton's mills were differently marked? - A. Yes.

Q. I suppose Mr. Hammerton has frequently in his possession sacks that have the marks of other people? - A. Yes, of people that grind there.

Q. How long have you been servant to Mr. Hammerton? - A. Three years.

Q. How long have you been robbing him? - A. Nine or ten months.

Q. More than that - recollect yourself - have you not said you have been robbing him much longer than that? - A. No, that was the time; it may be a week more or less, I cannot say for a week.

Q. You robbed him very largely in that time, I dare say? - A. Sometimes more, sometimes less.

Q. He was a good master to you? - A. Yes.

Q. And that was the return you made him for his goodness, to rob him? - A. Yes.

Q. When did you happen to tell of all this business? - A. When I was taken up.

Q. Probably you thought you should be hanged if you did not tell of it? - A. No.

Q. Did not you think you deserved to be hanged for it? - A. I thought it would come to no good end.

Q. That is, you thought the end would be the rope, and the gallows? - A. I cannot say that.

Q. Then you impeached other people to save yourself being hanged? - A. Yes, the question was asked me.

Q. You were admitted what we call King's evidence, and then you told this to save yourself from being hanged? - A. Yes.

Q. Cannot you recollect what day of the month this was? - A. I cannot say what day, or what month, I cannot recollect that at all.

Q. What was taken away three or four weeks before the 24th of May? - A. Three or four sacks of meal, and a sack of flour.

Q. How did you keep your account, in your head? - A. Yes; I made no memorandum.

Q. Are you sure there were no sacks marked by Mr. Hammerton that went away at that time? - A. No; I am not sure of that.

Q. How many sacks went away? - A. One sack of flour, and three or four of meal.

Q.Will you swear that any one of them had Mr. Hammerson's mark upon them? - A. No, I cannot.

Q. Who was it took the sacks out of the mill at that time? - A. About one or two o'clock in the morning, before it was light.

Q. Who took them away? - A.Limerick.

Q. Innes and Palmer were not in the mill at that time? - A. No, they were over the water; I went over and saw them.

Q. How far off the mill? - A. About two hundred yards.

Court. Q. Was there any sack-cart at all taken out of your master's mill? - A. Yes; about four months ago, I believe, more or less, and three or four sacks of meal at the same time; they went to With's. (The sacks produced).

MOSES SPECKERNELL sworn. - Examined by Mr. Knapp. I am employed by Mr. Hammerton: One of these sacks belongs to John Thistlewood, it was in the mill; this sack belongs to Joseph Bell , baker, in Watling-street, he employed Mr. Hammerton's mills also; this sack belongs to Mr. Christopher Lance, a flour-factor; here is a sack marked A.Ayliffe, Reading, belonging to Mr. Joseph Bell , and another with the same mark; there are four with that mark.

Griffiths. I found all these sacks at With's.

Q.(To Speckernell.) Did you ever see any cart belonging to With come to the mill? - A. Never but once; a cart of With's came to Palmer's; I saw the cart afterwards, in the custody of Griffiths, that was the same cart I saw in Palmer's premises, the name upon it is John Tilyard, Hendon, Middlesex.

Q. At the time you saw the cart upon Palmer's premises was there any name upon it? - A. No; but I believe it to be the same cart; it is not like a town cart, it is a country cart.

Cross-examined by Mr. Knowlys. Q. The only reason for your knowing that cart to be the same is, that it is a country cart? - A. No; the man that was in the cart gave me great reason to believe so, his name is Limerick, I saw him in the cart about half a mile from the mill at Clapton.

Q.These sacks have the names of persons who have occasionally ground corn at Mr. Hammerton's mills? - A. Yes.

Q. When they sell a sack of flour they send it out in the sack, do they not? - A. Yes.

Mr. Knapp. (To Griffiths.) Q.Where did you find these sacks now produced? - A. In Mr. With's granary; I have had them ever since.

Mr. Knowlys. Q. How many more sacks did you find that you did not take away? - A. A good many, I cannot say how many.

ABSALOM PHILLIPS sworn. - I am employed by Mr. Hammerton: I have seen sacks with the same marks in Mr. Hammerton's mill.

Q. Have you seen the cart that was in Griffith's possession? - A. No; I have seen it upon the road, but not to take particular notice of it; I have seen Limerick with it, but did not know his name at that time.

Cross-examined by Mr. Knowlys. Q. This gentleman is a large dealer in flour and corn, and sends sacks about the town? - A. Yes.

Q.Therefore you cannot swear to these particular sacks? - A. No.

Mr. Killick. I have seen the cart since, and I am confident it is the same cart that I have seen at the side of Palmer's house; the name upon that was John Tilyard , Hendon, Middlesex.

Griffiths. I found the cart between Dalston and Hackney, there was a man driving it, but who he was I do not know, with five sacks of meal in it.

Innes left his defence to his Counsel.

Palmer's defence. I know nothing at all of it, I am wholly innocent of the matter.

With's defence. I know nothing about it; Robjant has sworn this to save himself.

The prisoner Palmer called ten, and With eleven witnesses, who gave them a good character.

Innes, GUILTY (Aged 37.)

Palmer, GUILTY (Aged 38.)

Transported for seven years .

With, GUILTY (Aged 31.)

Transported for fourteen years .

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

Reference Number: t17980704-35

440. SUSAN, otherwise SARAH SKELTON , and WILLIAM SKELTON were indicted for feloniously stealing, on the 28th of June , ten silk handkerchiefs, value 15s. the property of Henry Wright , privily in his shop .

HENRY WRIGHT sworn. - I am a linen-draper , I live in the Minories , in the parish of St. Botolph, Aldgate; I was not in the shop at the time of the robbery, John Scarr was.

JOHN SCARR sworn. - I am shopman to Mr. Wright; on the 28th of June last, between four and five in the afternoon, the prisoner at the bar, in company with the child at the bar, came into our shop, she wished to look at some shawls; I shewed her some, the boy was standing by the opposite counter, the boy went out before her; she went away, and said, none of them would suit her, she went out immediately after the boy; I came to the other counter to take the silk handkerchiefs I had left there, to mark them, I missed them, I suspected the boy had taken them, I followed them, and on Tower-hill I overtook them, she had a gown with her; I told the boy he had got something that did not belong to him, and she said he had, she had just found it out, and was coming to bring them back; she said, he had just told her so; she was then standing still, as I was coming up the Minories; I took the gown from her, I thought the handkerchiefs might be there; I looked in the handkerchief, and saw that the black handkerchiefs that we had lost were not there; I then called the boy to me, and asked him what he had done with them, and while I was searching him for them, she produced them, I cannot tell where she took them from; I brought her back to my master's shop, there were ten handkerchiefs, they cost two shillings and four-pence a-piece.

Cross-examined by Mr. Trebeck. Q. How long were these two persons in the shop? - A.Not long.

Q. The mother never left the place where she had been standing? - A. No.

Q. Her back was turned upon him? - A. Yes.

Q. The handkerchiefs were upon the opposite counter? - A. Yes.

Q. She was not looking towards him at all, or appeared to see what he was about? - A. No.

Court. Q. Are you sure they are your master's property? - A. Yes.

GEORGE WADE sworn. - I was sent for to apprehend the prisoner, that is all I know of it.

The prisoners did not say any thing in their defence.

Susan Skelton, NOT GUILTY .

William Skelton , GUILTY Death .

The prisoner was recommended to mercy by the Jury, on account of his youth.

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

Reference Number: t17980704-36

441. SUSAN, otherwise SARAH SKELTON , and WILLIAM SKELTON were again indicted for feloniously stealing, on the 28th of June , six yards of printed cotton, value 1l. the property of John Fawcitt , privily in his shop .

JOHN FAWCITT sworn. - I am a linen-draper in the Minories , I was not in the shop at the time.

JAMES MEACOCK sworn. - I am servant to Mr. Fawcitt: On Thursday last, the prisoner, in com

pany with the boy, came to the shop, looking at some muslins hanging at the door, about four o'clock in the afternoon; our young man, Bengough, asked her to come in and look at some others; he took her down to the further end of the shop, and shewed her some others, the boy went down to the bottom of the shop likewise; there was one piece of muslin that she seemed to like, and Bengough brought it forward, expecting she would pay for it; I observed the boy stopping about the middle of the shop, she observed me looking at him, and called to him to know what he was doing there, and he immediately pulled off his hat, and came and stood by the side of her; she then said, she was going further for two shirts, and would call for some of the muslin the next morning, and they both went out of the shop together; about five minutes after, we missed a piece of printed cotton, I saw it again the next morning at the Mansion-house.

JOHN BENGOUGH sworn. - On Thursday last, about four o'clock, the two prisoners at the bar came to the door, and looked at some muslins hanging near the door, she objected to them, and I asked her to come in and look at some others; I shewed her some, and she looked at one, while the boy was looking at another; I brought it forward, and the boy staid behind; I then observed him reaching over the counter, where I had left the printed cotton, with his hands stretched over, but I had no suspicion of him at all, on account of his youth; she looked at the muslin, and seemed very well satisfied with it, she said, she was going further for some shirts, and would call again for it; immediately after she was gone out, I went down to the bottom of the shop, and missed this piece of print; I told my fellow shopman of it, and said, I was positive it was there just before she came in; I have never seen the print since.

Cross-examined by Mr. Trebeck. Q. You saw the woman and the child the whole of the time? - A. Yes.

Q. She was bargaining fairly with you? - A. She did not bargain for any thing.

Q. If you had any suspicion, it must have sell upon the boy? - A. I had no suspicion of either of them.

Q. You had your eye pretty much upon him all the time he was there? - A. Yes.

Q. If he took it, then it must be at the time you saw him with his hand stretched over the counter? - A. No, he could not possibly do it at that time; after that, he went into the inner shop, and came back again.

Q. She could not have done it? - A. I should imagine not.

Q. Did not you say in the shop, that you were sure the boy had taken it? - A. I said, I thought the boy had taken it.

JOHN SCARR sworn. - When I brought the prisoner back from Tower-hill, she had this piece of cotton in a handkerchief in her hand, with which she was endeavouring to cover the print; I saw the print clearly, I took her to my master's, and the cotton was delivered to the constable, George Wade.

GEORGE WADE sworn. - I am a constable: This is the print I received from the last witness.(Produces it).

Bengough. (Matches it with a piece which he took from his pocket). This is the piece that was on the counter when the prisoners came into the shop.

Q.What is the value of it? - A. It cost twenty shillings and upwards.

Cross-examined by Mr. Trebeck. Q. Is that the whole piece? - A. No; I had sold three gowns, fifteen yards of it; the piece was twenty-one yards, and this is six yards.

Q. This may be one of the three gowns that you sold, for any thing you know? - A. No, that is impossible; the fag end matches exactly with the end that is cut; I took it down five minutes before they came in.

The prisoners did not say any thing in their defence.

Susan Skelton , GUILTY Death . (Aged 27.)

William Skelton, GUILTY Death. (Aged 10.)

The Court immediately pronounced sentence upon William Skelton.

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

Note. There were 150 duplicates found in the possession of the mother, 66 of which were with one pawnbroker.

Reference Number: t17980704-37

442. GEORGE SINGURES and SAMUEL BAMBER were indicted for feloniously stealing, on the 13th of June , a silver coffee-pot, value 6l. a silver milk pail, value 14s. and a silver ladle, value 1s. 6d. the property of William Marchant , in his dwelling-house .

WILLIAM MARCHANT sworn. - I am a silversmith , No. 225, Holborn : I can only prove the property; it stood in a glass press in the window, in the shop; I had seen it on the 13th of June, in the morning, about an hour before it was lost; I went out about eleven o'clock, I returned home just at the time that this happened, between twelve and one o'clock, I met my son taking the prisoner to Bow-street.

JANE MARCHANT sworn. - I am the wife of the last witness: I was at home at the time this happened; I was in the parlour at work; I heard something fall in the shop, the child that was at work with me said, mamma, there is a man run out of

the shop; I immediately went into the shop, saw the press open, and missed a coffee-pot; I went into the street, and called out, stop thief; the men were pursued, taken, and brought back; I saw them both go out of the shop.

MATTHEW LOWE sworn. - I was nearly opposite Mr. Marchant's house, at the corner of Dean-street; I heard a cry of stop thief, I turned round and saw the two prisoners come running up the street; I stood till they came opposite to me, and saw Bamber with the coffee-pot under his coat, some part of it, I believe, was covered with his coat; Bamber is the tallest of the two, I ran after him, and he slung it in at a cellar window in Eagle-street; I ran after him a few yards further, and laid hold of him, I held him till more assistance came up, and we took him to Mr. Marchant's house; I saw the other prisoner run past me, but I saw nothing more of him till he was brought back to Mr. Marchant's. The coffee-pot was brought to Mr. Marchant's house by a gentleman that had hold of Bamber at the same time that I had.

WILLIAM BOOTH sworn. - I was within a few doors of Mr. Marchant's house, when I heard a cry of stop thief; I saw Bamber run across the way from Mr. Marchant's shop, he ran up Dean-street to the top of it, he turned round the corner, and threw this coffee-pot into a cellar, it was a public-house, the sign of the Crown; I immediately laid hold of him; I then went to the landlord, and he went down, and brought it out of the cellar.

JAMES DALEY sworn. - I was at dinner at my master's, in Dean-street, on the 13th of June; I heard a cry of stop thief, I saw the tallest prisoner running, and I ran after him; I saw the other prisoner run down Eagle-street, but I had not a proper fight of him; I pursued him down King's-gate-street across Holborn, towards Queen-street, then he went a little way down Queen-street, I lost sight of him then, but in about a minute or two, he came back into Holborn again, and went up towards St. Giles's; and then I called stop thief again, and ran after him; he was rather winded, and then he was taken.

RICE EVANS sworn. - I am a patrol of St. James's; I saw the prisoner, Singures, cross the way as fast as he could run, he was quite wearied out with running; he took out this milk-pail and spoon from his coat, and threw it into a baker's shop, three doors from Queen-street; I went into the baker's shop, and picked it up just by the parlour door, and I gave it to the mistress of the baker's shop.

Q.(To Marchant). How did you get possession of that milk-pail again? - A. A Mr. Hewlett, an opposite neighbour, fetched them from the baker's.

Evans. I went with Mr. Hewlett to shew him the house; I saw him come out with it in his hand, but there was such a mob round the door, I could hardly get near it.

Q. Can you say positively that that is the milk-pail that the prisoner threw into the baker's shop? - A. Yes, I am certain sure of it.

Q.(To Marchant.) What is the value of that coffee-pot, as silver? - A. Above six pounds; the milk pail is worth fourteen shillings, and the spoon is worth one shillings and sixpence.

Q.(To Lowe). You saw two persons running up Dean-street, are you certain they were the two prisoners at the bar? - A. Yes.

Singures's defence. Going up Holborn, I heard a cry of stop thief, I saw a mob, I turned my head, and this man laid hold of me immediately, and took me back to Mr. Marchant's.

Bamber's defence. I heard a cry of stop thief, I ran, and they laid hold of me.

Q.(To Marchant). Is this shop part of your dwelling-house? - A. Yes.

The prisoner, Bamber, called two witnesses, who deposed that he always paid them very honestly.

Singures, GUILTY Death . (Aged 20.)

Bamber, GUILTY Death. (Aged 18.)

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

Reference Number: t17980704-38

443. PATRICK DASEY was indicted for feloniously stealing, on the 5th of July , five pounds weight of indigo, value 1l. the property of Edward Hanson , John Pearson , Thomas Stiles , William Pearson , and Daniel Gossett .

WILLIAM STACEY sworn. - (Produces a parcel of indigo). I got this out of my master's warehouse, Messrs Edward Hanson , John Pearson , Thomas Stiles , William Pearson, and Daniel Gossett, they are partners; I saw the prisoner take it out of the warehouse this morning; I immediately went out after him, and in going out, I met Mr. Gossett, and told him, that was the man that had taken the indigo; Mr. Gossett immediately went after him and took him; the prisoner had got the indigo in his hat and breeches; he was brought back to the counting-house, and searched, and the indigo taken out of his hat and breeches.

DANIEL GOSSETT sworn. - When I returned from 'Change yesterday afternoon, my partner informed me he had found some indigo among some bags of cotton; I told him, I suspected Dasey; I secreted the boy where he might watch, and about a quarter before eight the prisoner went in; when he came out again I saw the boy, and he told me he had taken the indigo; I followed him into Thames-street, and brought him back; I sent for a constable, who searched him, and I saw him take part of the indigo out of the crown of his hat, and

some more out of his small clothes; there was a pound and a half taken from him, and three pounds and a half left secreted, ready to take away, as opportunity might offer.

Prisoner's defence. I was at work there as a cooper; I came down for some beadings, and I found this indigo; I meant to give it to some of the men.

GUILTY (Aged 35).

Transported for seven years .

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

Reference Number: t17980704-39

444. ROBERT WHITE was indicted for feloniously stealing, on the 23d of May , a Banknote, value 40l. the property of Edward Simpson .

EDWARD SIMPSON sworn. - On the 23d of May, I lost a 40l. Bank-note; I sent one of my clerks to receive 40l. in a check, his name is William Curtis , he called at the banker's as he came along, and received a 40l. Bank-note for the check; he brought it back to my warehouse; I never saw the note myself till I saw it at the office.

WILLIAM CURTIS sworn. - On Wednesday, the 23d of May, I went to Flint and Palmer's, to receive 40l. I received a check upon Newnham, Everitt, and Tibbetts; I went to their banking shop, and received a 40l. Bank-note for it; I delivered the Bank-note into Mr. Jones's hands; Mr. Jones is not here.

Q. Did you see what Jones did with it? - A. No. About half an hour after, Mr. Jones called to me to know if I had seen that note. I saw the note again about half an hour, upon the desk where Mr. Jones had put it.

Q. How it came upon the desk, you do not know, of your own knowledge? - A. No. I then put it into the iron drawer. When I came, about eight in the evening, Jones asked me for the note, and when I came to look for it, it was gone; I never saw it afterwards.

THOMAS HORNE sworn. - On the 28th of May, the wife of the prisoner came to our shop, Mr. Tuther's, a linen-draper, upon Holborn-hill; she bought several articles, and produced a note for 40l. I took the note of her and gave it to Mr. Tuther, and he returned me the change, which was 33l. 3s. Mr. Tuther kept the note.

Q. He is not here? - A. No.

JOHN WRAY sworn. - I am one of the officers belonging to Worship-street: In consequence of Mr. Simpson applying for a search-warrant, I went, in company with Mr. Simpson, to the prisoner's apartments, in Bedford-street, Strand; I enquired for the prisoner and he was denied, and I went into a room upon the ground-floor, where the prisoner was in bed; I searched his breeches-pockets, and found three two pounds notes, and two ones, a half-guinea, and seven shillings; I found a key which led to a drawer in the adjoining room, there I found five guineas and a half; I searched further, and in another room I found a five pound note, two half-guineas, a guinea, and a seven-shilling-piece; I secured him and his wife, and coming along in the coach, he begged for mercy, and said, he had taken it for the sake of his wife, and meant to have replaced it again.

Q. Had you said any thing to him to induce him to say that? - A. No; he said he owed a number of small debts, and that this was change out of the forty pound note.

Simpson. He gave me a list of the places where he had disposed of the money, and how he had disposed of it. (Produces it).

Q. Did you make use of any kind of promise or threat? - A. No; he told me he had taken the note off the desk.

Q. Did he say how much the note was for? - A. Yes, forty pounds; the list that he gave me amounted to 41l. 17s. 11d. he said he had some loose cash about him which made the difference.

Q. Was it at all mentioned in his hearing that it was a forty pound note, specifying the sum? - A. No.

Q. Have you any partner? - A. No.

Prisoner's defence. On Tuesday, the 22d of May, a forty pound note was missing, I was in the warehouse, I heard of it; there was a noise about it, and we were all called up except one, a Mr. Jones, who I believe is a partner with Mr. Simpson, who might have had it for any thing I know; Mr. Simpson has a great number of servants; I was searched from top to toe and nothing was found, none of the rest were searched; I went to work as usual till Whit-Monday, and then I begged for a holiday, which he agreed to, and then I told him I had got a place superior to his, and I did not go again till Thursday, when I was apprehended; I did not make any resistance. GUILTY (Aged 25.)

Transported for seven years .

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

Reference Number: t17980704-40

445. MARY EVANS was indicted for feloniously stealing, on the 4th of July , a watch, the inside case made of metal, and the outside of tortoiseshell, value 3l. a steel watch-chain, value 6d. a cornelian stone seal set in base metal, value 6d. a brass watch-key, value 1d. and five guineas in money, the property of William Bond , in the dwelling-house of Jeremiah Day .

WILLIAM BOND sworn. - I am a servant out of place : I was robbed between one and two o'clock this morning.

Q. Were you drunk or sober? - A.Quite sober; I met with the prisoner in Oxford-street about half past twelve o'clock, she and two more were sitting down, the prisoner asked me for a penny, then she asked me if I would go home with her; I told her, no; she asked me to give her something to drink, and I gave her a glass of peppermint; I did not drink with her.

Q. How came you out so late? - A. I had been in the country seeking for a place; I had had but one pint of beer before; I went home with her, she took me to her lodgings in Buckeridge-street, St. Giles's , she shewed me up into the room, I felt in my pocket and found my money and watch safe: she asked me what I would give her; I told her I would give her a shilling; she said that was not enough; I told her, you are kindly welcome to the shilling, I don't want to sleep with you; she said it was so late she should not go out again to-night, and I might as well stay and sleep with her; she asked me to go to bed-first, which I did; I put my small clothes underneath the bed, with the five guineas in them, and then she came to bed with her coats on; I said, are not you going to undress; she said, no; I fell asleep, and was awaked by the watchman coming by two o'clock; I looked up, and saw the window and door open, I felt for the girl and she was gone; I got up as quick as I could to fell for my money, my small clothes were pulled out from the place, and my money and watch gone; I put my things on as fast as I could, and went down stairs; I saw a watchman, and told him a woman had robbed me; then we went off together to the watch-house, and found the girl in the street, with two more with her; I said to the watchman, that is the girl that took my money and my watch, I told the watchman to take charge of her; she said, let me go; I said, where is my watch; she put her hand in her pocket, and said, here it is, and gave it me; says I, where is my money; says she, I have given it you; then we took her away to the watch-house.

Q. Do you know, of your own knowledge, in whose house she lived? - A. No; (produces the watch); I told the watchman I should know my watch by a spot on the glass.

JAMES FARMER sworn. - I am a supernumerary watchman: I was crying the hour of two o'clock in the morning, in Buckeridge-street; the prosecutor came out at a private door, and called me, he said he had been robbed of his watch and five guineas; as we were going along I saw the prisoner and two other women drinking out of a quart pot; the prosecutor said, that is the woman, you do your duty; she said she had never seen him before; when we got into Broad-street, Bloomsbury, says he, what is become of my watch and money; says she, there is your money, and she gave him his watch, but I did not see any money; we searched her lodgings, but could not find any money.

Prisoner's defence. I was in Dyot-street between one and two o'clock, talking with two young woman, and he began to pull the girls about, and they ran away, and then he said I had robbed him of five guineas and a watch; the watchman told me if I would give him two guineas he would make it up.

Q.(To Farmer.) Do you know to whom the house belongs? - A. No. GUILTY

Of stealing, but not in the dwelling-house .

Transported for seven years .

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

Reference Number: t17980704-41

446. JOHN TARRANT was indicted for feloniously stealing, on the 20th of June , a gelding, value 8l. the property of William Gevers .

HENRY DOUGLAS sworn. - The prisoner at the bar brought a horse to where I live, at the Bull-inn, the bottom of Hatton-gardon, for sale; I looked at the horse, and said, it was in a very bad state; he asked me 5l. for it.

Q. Was it a gelding? - A. Yes; I told him, I would not give more than two guineas and a half for him; he went away and came back again; he then said, I should have it; I told him, I thought he had come dishonestly by it; he said, he had not, his mother had desired him to have it killed, but he thought it was too good to kill; he gave me his direction, No. 5, Garden-row, City-road; I told him, if you will stop till I come back, and I find you have come honestly by it, I will buy the horse of you; I went immediately, and found the prisoner's father there; I returned home, and the prisoner was gone, he had left the horse, and I went to the Daily Advertiser Office, and advertised it, that was on Wednesday afternoon, the 20th of June, and on Saturday Mr. Turner and Mr. Gevers came to my house to look at the horse, I believe they are partners.

JOHN TURNER sworn. - Q. Are you in partnership with Mr. Gevers? - A. No, I am not.

Q. Did this horse belong to Gevers or you? - A. To Gevers.

Douglas. Mr. Turner came to me on Saturday and claimed the horse, after keeping it about eight or nine days, I restored the horse to Mr. Turner.

Turner. I am a horse-dealer in Islington-road; the prisoner applied to us for a horse to go to Tottenham High-cross, on the 20th of June, between seven and eight in the morning; he made the enquiry of Mr. Gevers, I stood by at the time; he said, he was the son of Mr. Gilliard, of Islington-road, schoolmaster. On that account, knowing

Mr. Gilliard, we lent him the horse; when he went out of the yard, he said, he should be home between seven and eight in the evening. At ten o'clock I went to Mr. Gilliard, and asked him, if he expected his son home that night, and he said, he had no son; I described the lad to Mr. Gilliard, and he thought it was the prisoner, who went to school to him, but we could not find any thing of him till last Saturday; Mr. Douglas came up to our yard, and told us he had got a horse of ours, and knew the lad to be at Kensington; we went to see the horse, and knew it to be ours, it was a bay horse with a bald face, there are no particular marks upon it, we had had the horse about six weeks, we found the prisoner at Kensington.

EDWARD LUCAS sworn. - I am an officer; I apprehended the prisoner at Kensington, he had enlisted for a soldier there, that is all I know of it.

The prisoner put in a written defence to the following effect.

My Lord, and Gentlemen of the Jury. I shall not intrude upon your time by entering into a long detail of defence, nor is it my wish or principle so to do. I had hired the horse of Mr. Turner, and had rode the horse so hard, that I was afraid to return. I solemnly declare that I was totally ignorant of the consequences attending such imprudence and juvenile indiscretion, and that it was not from the possession of a dishonest or depraved heart; I most humbly, therefore, throw myself before you, my Lord, the Prosecutor, and the Gentlemen of the Jury, craving that mercy which has so highly distinguished a British Court of Justice, and my future conduct shall atone for my past indiscretions.

Lucas. The prisoner had deserted from one regiment, and entered into another; his father is a very respectable man in the India-house.

Douglas. The horse had been rode very hard, and was in a very weak state. NOT GUILTY .

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

Reference Number: t17980704-42

447. JOHN TARRANT was again indicted for feloniously stealing, on the 20th of June , a saddle, value 15s. and a bridle, value 6s. the property of William Gevers .

Mr. Justice Buller. Gentlemen, you must acquit the prisoner upon this indictment, it is but one offence, and there is no reason why a man should be tried twice for one offence.

NOT GUILTY .

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

Reference Number: t17980704-43

448. JAMES TURNBULL was indicted for feloniously stealing, on the 4th of June , a Banknote, value 15l. and another Bank-note, value 10l. the property of Richard Knight .

There being no evidence to bring the charge home to the prisoner, he was ACQUITTED .

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

Reference Number: t17980704-44

449. MARTHA CUMMINS was indicted for feloniously stealing, on the 30th of June , a cloth great coat, value 3s. and another cloth coat, value 3s. the property of Edward Crispin .

EDWARD CRISPIN sworn. - Last Saturday, I lost two coats out of my apartments, in St. Ann's, Blackfriars ; they were found at a pawnbroker's, in Brick-lane, Spitalfields, I was not present when they were found.

JOHN GRIFFITHS sworn. - I found two coats at Mr. Sowerby's, in Brick-lane, I took them to the office, and they were delivered back to the young man that took them in pledge.

- MARTIN sworn. - I am servant to Mr. Sowerby, a pawnbroker; I took in these two coats of the prisoner for 6s. (Produces them.)

Q. How came you to take such articles from a woman of the appearance of the prisoner? - A. She uses our shop.

Q. Do you mean to say, upon your oath, that you thought she came honestly by them? - A. Yes.

Q. Remember, you are upon your oath? - A. Yes, I really thought so.

Crispin. These are my coats.

Prisoner's defence. I live with the prosecutor's son; the old man turned me out of the house last Friday night, and I could not get a lodging, we did not agree at all.

Crispin. She and I had had a great many words, she had affronted me several times, and I said she should not sleep there, and she shook hands with my son, and said, good by, I shall not see you any more.

Crispin. I do not think the poor wretch intended to defraud me, I believe she meant to have restored them again. NOT GUILTY .

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

Reference Number: t17980704-45

450. MARY FITZGERALD was indicted for feloniously stealing, on the 23d of the June , a silver watch, value 10l. a silk watch ribbon, value 1d. a brass watch key, value 2d. and a base-metal seal, value 3d. the property of John Fitzgerald , in the dwelling-house of John Mason .

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

NOT GUILTY .

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

Reference Number: t17980704-46

451. JOSEPH PEACHEY was indicted for feloniously stealing, on the 28th of May , a pocket-book, value 6d. the property of a certain person, whose surname is Brown , but whose christian name is to the jurors unknown.

Second Count. Laying it to be the property of a person or persons, to the jurors unknown.

(It appeared, from the evidence of William Gray, who was in the possession of the pocket-book, that he had applied to the prosecutor, who had refused to come forward's to prosecute; the witness having seen the prisoner take the pocket-book out of the pocket of the prosecutor.)

Court. The prisoner must be acquitted, for I never will suffer a prisoner to be convicted of stealing the property of persons unknown, when a prosecutor does not chuse to come forward, in that case it is not the property of persons unknown.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980704-47

452. WILLIAM THOMPSON was indicted for feloniously stealing, on the 30th of July , a cloth coat, value 2l. the property of William Cox .

JAMES COX sworn. - I am the son of William Cox, a taylor , in Great Russel-street: I was taking a coat home last Tuesday, to Sir John Eamer 's, my father made it for one of Sir John's servant's; I was sitting behind a hackney-coach, upon Snowhill , the coat was tied up in paper, and I had got it under my arm; there was the prisoner and another; the prisoner said, hold it night, he was sitting behind the coach by me, the other man had hold of the handle of the coach behind.

Q. Who got up first, you or the prisoner? - A.I did; the prisoner told me to hold it right, and I did hold it very tight; then he said, shall I carry it for you? I told him, I could hold it fast enough; and then he pulled it from under my arm, and the other man laid hold of my hat upon my head, and pulled me from behind the coach into the road; the prisoner put the parcel under his coat, and ran up a court facing St. Sepulchre's church; when he had got up the passage, he dropped it, and then came back again, and a woman on the other side of the way picked it up; she brought the coat to me, and said, here is the coat; when the prisoner came back again, a gentleman snatched hold of him in his arms.

Q.Is that woman here? - A. No, she is not; another gentleman took hold of him, and took him to the Compter; I took the coat to Sir John Eamer's, and my father went the next morning to fetch it away, my father is here; I wrote a direction upon it myself.

Q. Was the coat that your father brought home the next day, the same coat that you lost? - A. I am sure it is, for I helped to few it.

Q. Are you sure the prisoner is the same person? - A. Yes; I never lost fight of him at all.

WILLIAM COX sworn. - I am the father of the last witness: I sent the boy with a coat, to carry to Sir John Eamer's, on Tuesday night last, my boy directed it, and the next day I received the same coat from one of Sir John Eamer 's servants; this is the same coat, (produces it); I have kept it ever since.

DAVID WHITCOMB sworn. - I am a cabinetmaker: I was returning from work up Snow-hill, I heard the cries of the child running after the prisoner at the bar, I saw him opposite St. Sepulchre's Church, he went to turn down a passage, but thinking it was no thoroughfare he made a turn to come back, and I caught him in my arms; I asked him what he was doing; he said he had just come out of the court, he was so much out of breath that he could not speak for some time; while I had him by the collar, a woman came up the court with the coat, and gave it to the boy, I took him to the Compter; that is all I know of it.

Prisoner's defence. I was coming home about half past nine o'clock, I heard somebody scream out, I ran up, and this man caught hold of me and took me to the Compter.

Whitcomb. He made a resistance, and wanted to fight, till I told him I would knock him down if he was not quiet.

GUILTY (Aged 21.)

Transported by seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980704-48

453. JOHN CRAWFORD was indicted for forging and counterfeiting, on the 18th of June , a Bank-note for the payment of five pounds, with intention to defraud the Governor and Company of the Bank of England .

Second Count. For that he, having in his possession a certain forged Bank-note for the payment of five pounds, did feloniously dispose of and put away the same as and for a true Bank-note, knowing it to have been forged, with the same intention.

Third Count. For forging and counterfeiting a promissory note for the payment of money, with intention to defraud the Governor and Company of the Bank of England.

Fourth Count. For uttering and publishing as true, a like forged note, knowing it to have been forged, with the like intention.

Fifth Count. For that he, having in his custody a certain Bank-note for the payment of one pound, did feloniously alter the said Bank-note by removing the word "One," and placing the word "Five" in its stead, with intention to defraud the Governor and Company of the Bank of England.

The indictment also charged similar offences in various other Counts, with intention to defraud Joseph Ashfield .

(The indictment was opened by Mr. Giles, and the case by Mr. Fielding).

JOSEPH ASHFIELD sworn. - Examined by Mr. Knowlys. I am a shoe-maker , in Bryanstone-street: On Monday, the 8th of June, a Bank-note was brought to me.

Q. Look at the note, is that the same? - A. It is; the man's name was Long, as I found afterwards, he came for a pair of boots that I had had to repair, he asked what they came to; I told him half-a-guinea; upon that, he pulled that note out of his pocket, and gave it me. I went to the Three Tuns to get it changed; I afterwards had reason to believe it was a forged note, I returned it back to the man that gave it me.

Q. Who were you to repair these boots for? - A. Thomas Phillips .

Q. In consequence of what Long told you, did you go any where and find Thomas Phillips? - A. Yes, I went with him into Portman-square; when we got about half way down the square, Phillips came up to us, and we told him it was a bad one; in consequence of that, Phillips took us to a public-house in Marybone-street, kept by Mr. John.

Q. In consequence of what Phillips and Long said to you, who did you find there? - A. When we came there, the prisoner was not there; I went to Berners-street, and when I came back he was at the public-house; I asked him how he came by the note.

Q. Did you shew him the note? - A. After a bit he saw it; he said he had taken it at the Duke of Portland's office, he said he was at a King's Messenger; then I asked him if he would go with me to the Duke of Portland's office; he said, yes, as he was King's Messenger, he had taken it there in part of his salary.

Q. Had you shewn him the note by this time? - A. After that, he asked if he might see the note; I took the note out of my pocket and shewed it him, and he said it was his note; he asked what it was; and I told him it was a one altered into a five; upon that, he said he should be under the necessity of making an affidavit that he had taken it at the Duke of Portland's office, or he should be four pounds loser; upon that he went out, and stood in the passage talking with a woman at the bar, whom I afterwards saw, and who turned out to be Mrs. John, the landlady; after he had spoke to her, he came back, and said he thought he had taken it at the Duke of Portland's office, but the landlady had given it him.

Q.Did he tell you under what circumstances, or how the landlady had given it him? - A. No; he then, to the best of my knowledge, asked me to take his measure for a pair of boots, that he had great connections, and it might be the means of getting me a deal of work, I took measure of him for a pair of books; upon that, Long said, he wanted to speak to me, and I went out with him; when I came back, Crawford asked what business we had to go out, he said, if we had had any thing to say we might have spoke it there; then Phillips and he rather abused Long for calling me out; with that, I went to the landlady and enquired for a constable, I went away to Marlborough-street; when I returned I shewed him to the runners, and he was taken into custody.

Cross-examined by Mr. Knapp - Q. When you first came back to the public-house there was some conversation before the note was produced? - A. Yes.

Q. Therefore, it was impossible for him to understand whether your conversation applied to that note or any other note of five pounds? - A. That note; he acknowledged the note.

Q. But your previous conversation was not applicable to that any more than any other five pound note? - A. No.

Q. It was not till after he had had some conversation with the landlady that he corrected himself, and said he had it from her? - A. No.

Court. Q. Was it before he had been the note that he said he had had it from the Duke of Portland's office? - A. Yes, before he had seen it.

Mr. Knapp. Q. You told him it was a forged note? - A. The two young fellows had told him so.

Q. He knew it was a forged note? - A. Yes.

Q. He was given to understand that you were going for a constable-you had said so? - A.Yes.

Q. And, notwithstanding, he knew you were going for a constable, upon your returning with a constable, you found him at his lodgings at the public-house? - A. Yes, in the public tap-room.

Q. How many persons were there? - A. There was nobody that heard the conversation.

Q. Was it not in the public tap-room? - A. Yes, and several persons came in and out.

Court. Q.After the note was produced, did he say any thing about the Duke of Portland's office? - A. He said, he was a King's messenger, several times, and that he had received it as part of his salary.

Mr. Knapp Q. Did he not say, after he had had a conversation with the woman, that he thought he had received it from the Duke of Portland's office? - A. Yes; but then he said the landlady had given it him.

Court. Q. After you had shewn him the note, he said, he was a messenger, and had received it is part of his salary-was that before he had had the

conversation with the landlady, and after he had seen the note? - A. Yes.

JAMES LONG sworn. - Examined by Mr. Giles. I went to Mr. Ashfield's, for a pair of boots, Thomas Phillips desired me go there.

Q. Did you take that note to him? - A. I took a note, but I cannot swear to it.

Q. The note you produced to Ashfield, you received from Phillips? - A. Yes.

THOMAS PHILLIPS sworn. - Examined by Mr. Giles. I gave the last witness a five pound note to pay for a pair of boots of mine that had been repaired. I met with the prisoner opposite Mr. John's door, about two o'clock in the afternoon of the Monday, I had got a pair of books in my hand, I told him, I was going to sell them; he said, they were not big enough for him, or else he would buy them; I told him, I thought I had a pair that would just suit him; he desired me to fetch them; I said, I could not, they were at the boot-maker's and I had no money; he asked me what I thought they would come to; I said, about ten shillings; the prisoner then gave me the note doubled up, and said, it was a five pound note; I owed Mr. Ashfield a trifle of money, which I was not able to pay, and I asked Mr. Long to go for the boots for me, because I did not like to make free with Crawford's money any further than he had given me toleration to do.

Q. Was the note you gave Long the same you received from Crawford? - A. Yes; I did not open it at all.

Q. Long came back to you? - A. Yes, he did, in the square, Mr. Ashfield came back with him; I went with them to Mr. John's, to see for the prisoner, we waited till he came; I told him, it was a bad note; he said, he was very sorry for it, he must be the loser.

Q. Did you hear him say where he had taken it? - A. No. There were several people in the taproom; I believe every one in the tap-room might hear the conversation about the note and every thing.

Q. Did he say any thing about where he got it from? - A. I understood that he had received it from the Duke of Portland's office, and afterwards, he said, he had found himself quite mistaken, he had it from the landlady.

Cross-examined by Mr. Knapp. Q.All the conversation that passed relative to this note, passed in the public tap-room, did it not? - A. Yes.

Q. And every body near the place might have heard it very plainly? - A. Yes.

Q. He said, he had found himself mistaken, he had had it from the landlady? - A. Yes, and the landlady came forward to say it was the note.

Mr. Fielding. (To Ashfield). Q. How long was it after you had left the house to go to Marlborough-street, that you came back? - A. It might be fifteen or twenty minutes.

JAMES KENNEDY sworn. - Examined by Mr. Fielding. I am one of the officers of Marlborough-street: I went with Mr. Ashfield to a public-house in Marybone-street; the prisoner knew me before I knew him, he asked me how I did; I told him, very well; I asked Mr. Ashfield, where is the man that gave the note to you; he said, he was not here; Mr. Crawford made answer, the note is mine; I said to Crawford, you must give an account how you came by that note; he said, he took it at the Duke of Portland's office, he was one of the King's Messengers. The landlady came forward, and said the note was her's, and he acknowledged he received it from her; I took him into the back parlour, and searched him, but found nothing on him but a sixpence and some halfpence.

Q. Was any question asked at the Magistrate's before the examination? - A. Yes.

Mr. Knapp. Q. Was it not taken in writing? - A. No.

Q. Was it afterwards put into writing? - A. I cannot say.

Q. Will you swear it was not taken in writing? - A. No, I will not.

Cross-examined by Mr. Knapp. Q. So when you came in, he knew you, and knew you to be a public officer, and he gave you the account that you have described, immediately, saying it was his note, and that in the public tap-room? - A. Yes.

Mr. CAMDEN sworn. - Examined by Mr. Fielding. I am office-keeper at the Duke of Portland's office.

Q. Is there any such man a messenger in the office, as the prisoner? - A. No, nor ever was.

EDWARD BATESON sworn. - Examined by Mr. Fielding. I am an upholsterer, in High Holborn: On the 29th of May, I received a five pound note from Mrs. John, which I should know again.

Q. Look at that note? - A. That is the note I received from Mrs. John, I returned it to her again a fortnight afterwards.

Q. Why did you return it to her? - A. I had paid it away, and it was returned back to me.

Q. When you went back to Mrs. John, and you had an opportunity of telling her of it, was any person with her? - A. Yes, the prisoner at the bar.

Q. Then he heard what passed? - A. I believe he did. I told Mrs. John, it was a one pound note made into a five pound, and the prisoner at the bar looked at it, but I did not hear him make any observations upon it. Mrs. John said, she must be the loser of it; says I, you will lose but four pounds, and that is better than losing five, but, perhaps you may recollect in a few days where you took it.

Q. You gave her no advice? - A. None at all.

Cross-examined by Mr. Knapp. Q. Did you know the prisoner before? - A. I do not know that I have seen him above twice or three times in my life.

Q. Did you say before the Magistrates that he was the person? - A. I never was before the Magistrate upon the business.

Q. You kept the note about a fortnight? - A. Yes; I had it in my own possession about a week, and then I paid it away to Mrs. Kinsey, she is here.

Mr. Fielding. Q. Did Mrs. John make any other observation? - A. No; she said, she could not recollect where she took it unless it was from No. 29.

Mrs. KINSEY sworn. - Examined by Mr. Giles. I received a note from Mr. Bateson, I put Mr. Bateson's name upon the back of it.

Q. Look at that note? - A. This is the note that I received from Mr. Bateson, I gave him change for it.

Cross-examined by Mr. Knapp. Q. How long was it in your possession? - A. A week, I think, and then it was paid to Mr. Rich.

Q. How long had he it in his possession? - A. From Saturday morning till evening. It was paid away by my son, I was out of town.

Q. You left it with other notes in your son's possession? - A. Yes.

Q. Can you say whether you had any other five pound notes in the house? - A. Yes.

Court. Q. When did you write Mr. Bateson's name upon it? - A. The instant I received it from Mr. Bateson.

Mr. JOHN BOOTH sworn. - Examined by Mr. Giles. I sign the one pound notes in the Bank; this is my writing.

Q. Are you able to say what that note was originally? - A. It was A.9749; it was a one pound note at the time that I signed it; here appears to he an alteration in the date, from the 10th to the 16th, and the one is altered into a five.

Q. You do not sign five pound notes? - A. No.

Mr. Fielding. Saying Mrs. John, this is my case, if the gentleman, who is counsel for the prisoner, chuses to examine her, she is here.

The note read, No. 859,749. Bank, 16th of January, 1798. I promise to pay Mr. Ab. Newland, or bearer, on demand, five pounds. London, 16th day of January, 1798. For the Governor and Company of the Bank of England.

Entered, E. Smith. Signed, J. Booth.

Prisoner's defence. I received the note from Mrs. John, by the hands of her niece.

For the Prisoner.

CHARLOTTE GRIFFITHS sworn. - Examined by Mr. Knapp. I am going of thirteen years old, the prisoner lodged at my aunt's house, Mrs. John.

Q. Do you remember being desired by the prisoners to ask your aunt to lend a sum of money? - A. No. On Sunday morning, the 17th of June, he asked me for change for a ten pound note.

Q. That was the day before he was taken up? - A. Yes.

Q. Did he give you a ten pound note? - A. No.

Q. Do you know that he was in the habit of borrowing money of Mrs. John? - A. No.

Q. In consequence of this desire, did you go up stairs to your aunt? - A. Yes, she was ill at that time in bed; I went up and asked her for change for a ten pound note for Mr. Crawford, and she gave me the keys of the drawers to take it; I took out of the drawer five pounds, four guineas and a half, and some silver.

Q. Are you sure it was a five pound note? - A. Yes.

Q. Was there any other five pound note there? - A. No.

Q. Look at that note, and see if it is the same note? - A. This is the note, I took it down stairs to Mr. Crawford, and gave the note and the cash to him; he said he did not want it all, and returned the cash; I thought the cash would be more useful to my aunt than the note, and therefore I took the cash back.

Q. Are you correct in stating exactly what Crawford said at the time he desired you to go up to your aunt-did he ask for change, or cash, or in any particular way? - A. No; he only asked for change for a ten pound note.

Q. Did your aunt desire you to pay it in any particular way, or did you take it as you found it? - A. I took it as I found it in the drawer.

Q. Was there any more cash in the drawer? - A. Yes, but I cannot say how much, I did not count it.

Cross-examined by Mr. Fielding. Q. How long have you lived with your aunt? - A. From three years and a half old.

Q. How long has Crawford lodged at your aunt's? - A. About a year, I believe.

Q. He wanted change for a ten pound note-he sent the cash back-did he give you a ten pound note? - A. No.

Q. What did he say? - A. He said no further than I might take the cash back again, he did not want it all.

SUSANNAH JOHN sworn. - Examined by Mr. Knapp. Q. The last witness is your niece? - A. Yes.

Q. The prisoner is a lodger in your house? - A. Yes; and has been for about these twelve months.

Q. On Sunday the 17th of June were you unwell? - A. I was very ill in bed, with a rheumatic pain in my head, which I am subject to.

Q. Do you remember your niece coming up for change for Mr. Crawford? - A. Yes; she came up for change for a ten pound note, I told her to take

the keys and get it, and she gave him that note, which she did not know had been returned to me by Mr. Bateson.

Q. Do you remember afterwards, Ashfield, Phillips, Long, and Kennedy, coming to your house? - A. Yes.

Q. Do you remember admitting before those persons, that that note was given by this little girl to Crawford? - A. Yes; and knowing I had no other five pound note by me, I knew it was the same.

Q. Crawford had lived with you during a twelvemonth? - A. Yes.

Q. Had he been in the habit of borrowing money of you before? - A. Yes; half-a-guinea or so, at times, he always paid me very honestly; I have received four pounds and five pounds of him at a time, but never gave me a note.

Cross-examined by Mr. Fielding. Q. How does he get his livelihood? - A. He was a servant out of place, and being a good writer, he used to make out bills for the coachmen and footmen, and they paid him for it.

Q. Did the little girl bring you up a ten pound note? - A. No.

Q. Did you ever happen to say she did? - A. I did, when I was very much flurried.

Q. Do you remember Mr. Bateson coming to your house? - A. Yes.

Q. Do you remember Crawford being there? - A. Yes.

The prisoner called four other witnesses, who had known him from a year and a half to thirty years, and gave him a good character.

GUILTY Death . (Aged 38.)

Of uttering, knowing it to be forged.

Tried by the second Middlesex Jury, before

Mr. Justice BULLER.

Reference Number: t17980704-49

454. HENRY NIBLETT was indicted for the wilful murder of William Turner , on the 4th of March . He also stood charged with the like murder upon the Coroner's Inquisition.

GREENHOW SHAW sworn. - Q. Did you know William Turner ? - A. Yes; the last time I saw him, he was a corpse at his master's house, on Stepney-green, that was on Monday the 12th of March; I saw him between ten and eleven o'clock, on the 4th of March, in a field behind a public-house, called the Ben Johnson, he was then fighting with a person of the name of Niblett, a publican , they were fighting from twenty minutes to half an hour.

Q. Did they appear to you to fight fair? - A. Yes; I saw no foul blows struck. Before the last three rounds, Turner expressed a wish to leave off, his second, Homan, prevented him.

Q. Did Niblett express any wish, either to persist in fighting, or to leave off? - A. Not that I heard, either the one way or the other.

Q. During those three rounds, did they appear to fight fair? - A.Homan urged the renewal of the combat to Turner, and Turner got up and walked on to meet Niblett, and the last round but one, Turner evidently got the worst of it; Niblett had got his wind, and struck very hard and violently about the head; but the last round but one, Turner made an attempt to throw Niblett, what they call a cross-buttock, and in Turner's endeavouring to do it, his strength left him, his legs gave way under him, and in that position he fell; at the end of that round, I begged Homan for God's sake, not to let him fight any more; his answer was very rude indeed, in very coarse language, he d-d my eyes, and what was it to me, the man was not beat yet; he was led up the last round by Homan, and there was a wildness in his eyes, and when he went to meet Niblett, he went a great way to the right of him, and Homan said, where are you going? there is your man, and then he took him by the arm, and absolutely led him up to Niblett; there were three or four blows past that round, he received some blows upon his head, and the last blow he fell upon his back.

Q. Did he strike at all at Niblett the last round? - A. He had the use of his hands, but he was extremely weak; for the last quarter of an hour there was an incessant torrent of blood poured from his nose and mouth; at the end of the last round, he was picked up, and even then he had strength to walk to the man, that they call the bottle-holder, and sat down upon his knee, and they called out,"time," and Homan said, "why do not you let the man stand up," and the moment he took his left arm from his shoulders, he fell down double; I observed strong convulsions, and he appeared to be choaking; after that, a vein was opened in his right arm, by a surgeon, but then he was in the agonies of death; they took him out of the field, and he lived till he got to his master's house; I think it was a quarter or an hour after that, I went to his master's house, I went up into the room, and saw him, he was then a corpse, he had just expired; I went to Niblett immediately after that, and he was in bed; I told him of the circumstance, I went to purely to enquire where Homan lived; Niblett expressed a very great contrition indeed, and I believe it was sincere, he said, when I told him of it,"good God, I shall never be happy again," and then shed a flood of tears.

Cross examined by Mr. Knapp. Q. I believe, when you saw him in bed, it was from the bruises he had received? - A. Yes.

Q.Homan was the principal promoter of the

business? - A. Yes; and there is not a doubt but his life might have been saved but for him.

Q.Had it not been for Homan, there would have been a stop put to the battle sooner than there was? - A. Yes.

JOHN PAULIN sworn. - I knew nothing of the deceased till this happened: On the 4th of March I saw the battle between the deceased and the prisoner; I saw them before the battle commenced; Turner was in the field first; I enquired the cause of so great an assemblage of people; they told me it was a fight, and pointed out Turner to me as one of the combatants; I afterwards saw Niblett come into the field, and I thought I discovered in Niblett a disinclination to fight; I finding that, took him aside, and endeavoured to persuade him to go about his business, that it could answer no good purpose his fighting; he said, sir, I am obliged to you for your advice, but the matter is gone so far that it must be decided in this way; they then went to fighting; I saw nothing in the fight but what is called fair fighting, I believe the mischief happened through Homan; I believe Niblett would have been very happy to have been taken away, that was the impression it made on my mind; it appeared to me, that the fear of being called a coward was the only thing that induced him to fight; I broke into the ring after the last round, and told the second, if you set these men to fighting any more I will have you taken up; he d-d me, and said, the man should fight as long as he could; they were not put together again then; as to the condition of the deceased, I was outside, and therefore could not so well judge.

JOSIAH WATERLOW sworn. - Q. Do you know Turner? - A. Yes.

Q. Do you know the prisoner Niblett? - A. Yes; the deceased sent the challenge by me.

Q. Had you any conversation with either of them before the battle was fought? - A. Yes; previous to their fighting, on Wednesday, the deceased talked with me about it, but I did not say any thing to Niblett about it till the Saturday night; I told him you are going to fight with Turner, and he told me to hold my tongue, he did not want to hear any thing about it, and that was all that passed on the Monday; they had been fighting some time before I went to the field.

Q. How many rounds do you suppose they had? - A. A great number, I cannot say how many; they fought a great while.

Q. Did you see any soul play at all? - A. No, I did not; Turner seemed to have the best of the battle till within the last round or two.

Q. What appeared to you to be the change in the battle till within the last round or two.

Q. What appeared to you to be the change in the battle? - A. I am no great judge of that, but when he was turning to throw Niblett a cross-buttock, he fell upon his head, and I think he might, at that time, over-strain himself; after that, the blood flowed from his nose and mouth very fast.

THOMAS COLE sworn. - I am a sack-maker; I know nothing at all about the battle, but I know both the people, that is all I know; I was not there.

Mr. Knapp contended that this case could, at most, amount to no more than manslaughter; and also submitted to the Court, that, from the circumstances of the deceased falling upon his head in endeavouring to throw Niblett a cross-buttock, and the blood flowing from his nose and mouth, they must infer that he did not meet with his death from the hands of the prisoner.

The Court were of opinion, that there was a case to go to the Jury upon the question of manslaughter.

For the Prisoner.

THOMAS WINDLE, Esq. sworn. - Examined by Mr. Knapp. I live at Mile-end: the prisoner lived with me a year and a half, he was a man of a humane, good disposition; I should not have parted with him, but he was going to settle.

Rev. Mr. THIRLWALL sworn. - I have known the prisoner several years, he always maintained a sober, honest, humane character.

Mr. EDWARD MARTIN sworn. - I am a surgeon and apothecary, at Mile-end: I have known the prisoner five years, his general character is that of a humane man.

NOT GUILTY .

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

Reference Number: t17980704-50

455. DOMINICK KILGANNON was indicted for the wilful murder of James Healey , on the 3d of June .

MARY PEARCE sworn. - Q. Did you know James Healey ? - A. I did not know either the one or the other: The deceased took hold of my left arm on Sunday night, the 3d of June, and asked me to have something to drink, I had got through Temple-bar, beyond the Church, going towards Drury-lane; I said would he give me any, and we walked on till we came to a very low public-house, the Cock and Magpyer in Drury-lane; there were three in company, him and two others.

Q. Do you know either of those persons? - A. The prisoner was one of the two that was with the deceased; we all four went into the public-house, and had half a pint of gin, and two pots of beer; we staid there about an hour.

Q. What time of night was it? - A. It was about ten o'clock at night when the deceased first took hold of my arm; I continued with them till, twelve o'clock, when the murder was done; while we were

in the public-house, the prisoner at the bar was trying to get me away from the deceased man, they had not any words, but talking to the deceased man, and trying to get me away from him; after drinking the liquor, I went out at the door with a tall man, in a light-coloured coat, who wished us a good night.

Q. Was he one of the three that you met with at Temple-bar? - A. Yes; he bid us good night, and went towards the New Church in the Strand; the deceased and the prisoner came out together directly after, and we went up Drury-lane, towards St. Giles's; walking up Drury-lane, two or three times, the man that is in custody there, tried very much to get me from the deceased man, saying, he would have me from him, and the deceased man said he should not have me; the deceased man and I agreed to go and sleep all night together, and we walked up Drury-lane trying to lose the prisoner, that be should not see where we were going; we walked up three or four times, and the prisoner became very resolute, insisting upon having me from the deceased man.

Q. What do you mean by being resolute? - A.Putting his arms round my necks, trying to get me away, and the deceased man was squeezing my left hand not to give any ear to him, not to go with him; upon that, the prisoner said, d-n his eyes he would have me, or he would have his life; accordingly he stabbed at him with a stick, he had a kind of a came in his right hand, and he shook it, and the bottom part flew off, he jabbed it at him immediately, and the second jab he dropped, and never spoke at all; and he jabbed at him a third time, after he was down.

Q.Whereabouts was this? - A. Opposite Queen street, in Drury-lane , nearer to Queen-street than Long-acre, in the road-way; with the jabbing and the fright, I screamed out murder three or four times.

Q. What became of the prisoner? - A. I do not know; when I screamed out, several watchmen came up, and I went away and left the man lying there, and the watchmen round him; the prisoner threw away the stick in a careless manner, and almost struck the watchman's feet, and he ran up Drury-lane towards St. Giles's; the watchman, instead of going after him, stooped down to pick it up.

Q. How was the deceased dressed? - A. In a blue coat, a round hat, a broad striped waistcoat, a kind of a brown stripe, and broad striped breeches of a kind of a brownish colour; his hair was rather long, but of a dark complexion.

Q. Was his hair tied? - A. No, loose.

Q. Was he a tall man, or a short man? - A. A very tall stout made man.

Q. How was the prisoner dressed at that time? - A. A blue coat, red waistcoat, and round hat, very short dark hair, but tied on the Sunday night.

Q. What sort of a stick was it he had in his hand? - A. A kind of a cane.

Q. What colour was it? - A. A kind of a lightish cane.

Q. Were you able to see the sword, or whatever it was, so as to tell us the length of it? - A. Yes; after he shook the cane, he gave it a sudden jerk, and the bottom part slew off; it was about the length of two fingers.

Q. Are you sure the prisoner is the man that did this? - A. I am positive he is the man, and no other; I was in his company two hours, he was with the deceased man when he caught hold of me.

Cross-examined by Mr. Knowlys. Q. What way of life are you in? - A. I am an unfortunate girl, getting my bread at different times in the street; I am never long in London together.

Q. I believe the Justice asked you what religon you were of? - A. Yes.

Q. And you told him none at all, did not you? - A. I did not understand the way that he asked me.

Q. Then you say it was a mistake? - A. I did not understand him.

Q. Tell us, at this time where you lived, and who you lived with? - A. I lodged with Mrs. Welsh, No. 2, Coal-yard, Drury-lane; when I come from the country I always go there; I am there sometimes for a week or two.

Q. At the time this happened were you a lodger of Mrs. Welsh's? - A. I only slept there till I could get the room.

Q. How long had you slept there before this matter happened? - A. I reached home on the Monday as this happened on Sunday night.

Q. Then you had been at Mrs. Welsh's from the Monday night? - A. Yes, when I could get in; sometimes I could not get in, and then I was obliged to walk about all night.

Q. What public-house was it you went with the deceased to? - A. The Cock and Magpye in Drury-lane.

Q. What part of the house were you in? - A. In the box No. 2.

Q. I tell you fairly, the people of that house are here - now do you mean to say that you four came into that house, and sat in the box No. 2.? - A. Yes; I sat down underneath the number.

Q. The murder did not happen till twelve o'clock at night? - A. It was not gone twelve.

Q. Are you sure that this instrument, with which he was stabbed, came out of a stick? - A. Yes; and he jabbed at him directly.

Q. Then he held one end of the stick? - A. Yes;

the knife part was very picked at the point, and got very thick towards the top.

Q. You screamed out murder three or four times? - A. Yes.

Q. And you staid till the watchman came up? - A. Yes.

Q. Are you sure of that? - A. Yes; because, after the third jab, he threw the stick towards the watchman's feet, and the watchman tried to pick up the stick instead of going after the man.

Q. Do you think the watchman was as near to the prisoner as I am to you? - A. I cannot say.

Q. What became of you after this? - A. I was almost ready to swoon away with the fright, and I walked away; when I came to myself, I found myself in Holborn.

Q. Did you go after the watchman to enquire what, had happened? - A. I did not till Monday morning; I went to Mrs. Welsh in the morning.

Q. Did you that night enquire what was become of the body? - A. No.

Q. Did the watchman say nothing to you upon coming up, and your crying murder? - A. No.

Q. You told this story to the gentlemen of the Coroner's Jury? - A. Yes; I attended the Jury on Wednesday night; I was at Bow-street on Wednesday morning.

Q. Do you recollect the gentlemen of the Jury telling you to your face, that they did not believe a word you said? - A. I cannot justly say.

Q. Before you were taken before the Coroner's Jury, this man was taken up, was not he? - A.He was taken up about twelve o'clock on Monday, I cannot justly say.

Q. You were before the Coroner's Jury, and charged this man with the murder, after he was taken up, did you not? - A. No; on Tuesday morning I went before Mr. Addington, to his own house, and had a private examination.

Q. Did you go and give evidence before the Coroner's Jury after this man was taken into custody? - A. I do not understand you.

Q. Do you remember giving your account before the gentlemen that sat on the body? - A. That was in the evening.

Q. After this man was in custody? - A. Yes.

Q. And then you positively swore he was the man that committed the murder? - A. I am positive, and was then, that he is the man.

Q. You positively swore, before the Coroner's Jury, that he was the man that committed the murder? - A. Yes.

Q. Are you sure the man had a blue coat on? - A. Yes.

Q. Perhaps the same kind of coloured coat that he has on now? - A. No, it was a blue coat; a very good tidy decent coat; every thing has been found since but the waistcoat; he had on a red waistcoat.

WILLIAM BACON sworn. - I was at the apprehending of the prisoner, and searched his house; I found a blue coat and a hat, on Wednesday, the 6th of June.

Q. How do you know they were his? - A. I found them in the room where he slept, and he owned them at Bow-street. Here is a dagger that came from St. Giles's watch-house, (producing it); I received it from a servant of Mr. Romley, the watch house-keeper, on the Monday, I think; I am not clear to the day.

Q. Where were the prisoner's lodgings? - A. In Dudley-court, Denmark-street, St. Giles's.

Q.(To Pearce). Look at that dagger, is that the kind of thing that you have described? - A. No, it was a kind of a cane.

Q. Had it that guard round it, that kind of circle? - A. No, it was no such like thing as this at all.

- HEALEY sworn. - I knew the deceased for twelve years past; I saw him on the 3d of June, he Sunday he came to my apartments, about six, o'clock in the evening, in George-court, Piccadilly, he had a blue coat on and a swansdown waistcoat; I think so, I am not particular; I was in his company from six till within a few minutes of eleven o'clock at night; I left him in Wild-street, in a public-house called the Black Horse.

Q. Who did you leave with him? - A. I left him with a countryman of his own, a schoolfellow of his, named Neville, and another gentleman that he called Doctor; Neville was dressed in a blue coat, the Doctor was dressed like a gentleman in every respect, in a blue coat.

Q. How near eleven was it when you left him? - A. When I got into Little Russell-Place, I asked the watchman what it was o'clock, and he said, he was just going to cry eleven; I walked very smart, to the best of my belief, I was not more than five minutes; that is nearly opposite Drury-lane playhouse.

Q. Did you see this man after his death? - A. I did, on the Thursday following, at St. Giles's work-house.

Q. What had happened to him to cause his death? - A. It appeared to me that he had been stabbed with some very desperate weapon, but no one could go close to him at that time that I saw him.

Q. Was the prisoner at this Black Horse? - A. I never saw the prisoner till I saw him at Bow-street.

Q. What sort of a person was the deceased? - A. of the two, my Lord, I am rather taller than the deceased. (The witness was a short man). I went a second time to see to get him away, because he was in liquor, and I could not get him away.

Q. What was his complexion? - A. He was of a fallow complexion, quite sun burnt.

Cross-examined by Mr. Knowlys. Q. You have known him for twelve years? - A. He and I were very intimate seven years in Dublin; we had been in partnership in business.

Q. You were with him from six till within five minutes of eleven? - A. Yes, I was with him from eight o'clock till near eleven, without ever stiring out.

Q. Were you ever at the Cock and Magpye, in Drury-lane? - A. I never saw such a house to my knowledge, I was not there that evening.

Q. Did you, in the course of that evening, see the woman that has just given evidence? - A. No. From six in the evening, he never opened his lips to a woman; the deceased had come from Ireland that day, with a wife and two children, between four and five in the evening, he called upon me directly.

Q. Are you sure he never picked up any woman before you left him? - A. He never spoke to any woman of any kind.

Q.(To Pearce.) Did you ever see this man after his death? - A. On the Monday, I saw him at St. Giles's work-house.

Q. Are you sure that was the body of the man that was with you? - A. I am positive he was the man that was in my company all the evening, and I am sure the prisoner at the bar is the man that stabbed him; I was very desirous of going to see the body, to know whether it was the same man or not, and I am positive he was the man that I had been with the night before.

FRANCIS SCOTT sworn. - I am a watchman; On Sunday, the 3d of June, I was alarmed by a screaming, I was at the corner of a baker's window in Great Wild-street, it might want five or ten minutes of twelve at night, I heard a man's voice call out, watch, stop that man.

Q. How far was that baker's shop from the corner of Queen-street? - A. It was about the middle of the street; I turned my head round, and saw a man going into Wild-court, that turns to the Mews; I went down Little Wild-street, which leads into the same Mews, and in going down Wild-street, he passed by me by the Black-house Livery-stables; as soon as I perceived him, I sprung my rattle, and pursued him into the King-head yard, leading into Duke-street, I sprung my rattle there, and in going along the middle of King's-head-yard, I heard something fall like a piece of glass or a knife falling, it ring upon the stones.

Q. Is that yard a thoroughfare? - A. Yes, three; one goes into Duke-street, facing the Roman-Catholic chapel, and another into the yard, that goes into Great Queen-street. When I got into Duke-street, I lost sight of him; he was a tall thin man, dressed in a light coloured coat, white waistcoat, white breeches, and white stockings; when I found that I had lost the man, I returned back into King's-head-yard, and curiosityaded me to look what it was that made such a noise; I opened the door of my lanthorn, and to my great surprise, I picked up the fatal instrument, with the blade of it all over blood.

Q. Look at that instrument? - A. This is the same. I immediately carried it to St. Giles's watch-house, and left it there, in going along, after I had found the instrument, when I came to the pump, there was a great noise of rattles; I went up with this instrument in my hand, and there I beheld the deceased lying upon the ground, at the corner of Prince's-court, Drury-lane, almost opposite Broad-court.

Q. How far from Queen-street? - A. About one hundred yards.

Q. Did you hear any woman's voice crying stop that man? - A. No, it was a man's voice; and what alarmed me the more, was, that nobody came to my assistance.

Cross examined by Mr. Knowlys. Q. Are you sure the man that you pursued had light coloured clothes on? - A. Yes; something like the colour of whited brown paper.

Q. It was not a dark blue? - A. No; if it had been a dark colour, I could not have distinguished it.

Court. Q. Were there many people about the body? - A. I suppose there were about ten people, watchmen and all.

PATRICK SHEHAN sworn. - The prisoner and I lodged and slept together: I saw the prisoner on Sunday morning, before eight o'clock; I called between three and four in the afternoon, and he was in bed again, I did not disturb him nor speak to him; about a quarter of an hour or ten minutes before eleven at night, I went into bed, and he was then in bed, and remained there till six o'clock next morning; when I awaked in the morning, he was in bed with me.

Q. Where were you all that time? - A.Walking backwards and forwards smoking my pipe, and talking to my neighbours. I went in for a pair of stockings between nine and ten, and he was then in bed.

Q. Were you not absent from the court all the time? - A. Yes, about ten minutes, while I was drinking part of a pint of beer at a public-house, with a friend of the name of William Doyle, that came from Westminster to see me.

Q. Can you say, upon your oath, that it was not ten minutes or a quarter of an hour before twelve? - A. Yes, I am sure it was not; I know it was before eleven, I had heard the clock strike ten in the house, while I was sitting with my landlady; we are not above one hundred yards from the church clock.

Q. And you did not hear it strike eleven before you went to bed? - A. No, I did not.

Cross-examined by Mr. Knowlys. Q. You saw him in bed between nine and ten? - A. Yes; he was ill all the day, and Nelly, the servant, gave him some bread and milk for supper. Nelly is here.

EVAN MASON sworn. - I am a watchman, I stand at the corner of Long-acre, about sixty-four or sixty-six yards from Princes-court: On the Sunday night that the man was murdered, I heard watch called about a quarter before twelve o'clock.

Q. Did you hear murder screamed out? - A. No, not at all; I went over to Prince's-court, and there was a man lay on the ground, and two gentlemen beside him; one gentleman said, there is a man killed, or a man killed himself, I do not know which.

Q. What became of the man afterwards? - A. The gentlemen had hold of him, and I took off his neckcloth; I went to seek for a doctor, but could not get one, somebody else got a doctor.

Q. Did you hear any such cry as this, stop that man? - A. No, I did not.

Q. Or watch, watch, stop that man? - A. No; I heard watch called.

Q. What were you about? - A. I was in my box.

Cross-examined by Mr. Knowlys. Q. How many yards is it from your box to the middle of the road, opposite Queen-street? - A. I should suppose about twenty yards at the utmost.

Q. If any woman had cried out murder, you must have heard it? - A. Yes; the body was above sixty yards from the middle of the street.

Q. Then it is more than sixty yards from the pump in Queen-street? - A. Yes.

Q. Have you seen either of those gentlemen since? - A. I have seen one of them since; but I do not know that I should know him.

Q.(To Scoll.) Do you know what became of the body afterwards? - A. I saw the body carried in a shell to the workhouse, from the corner of Prince's-court.

FREDERICK WILLIAMS sworn. - On the third of June, as near as I can guess, about half past eleven o'clock, I was coming down Drury-lane, I had just walked up Drury-lane before, from Clement's-inn, with a friend, we walked up the same side of Drury-lane, on which the man was murdered.

Q. Had you passed Prince's-court with your friend? - A. Yes, and turned into Long-acre; when he turned into Long-acre, I walked further on up Drury-lane, not so far as Broad-street, Bloomsbury, but pretty near as far as Broad-street, I then turned round and walked back, meaning to go to Clement's-inn, and as I was going along, I stumbled over something, I looked down, and saw a man lying on the pavement.

Q. What length of time was there between your first passing Prince's-court, and the time when you stumbled? - A. I do not think it could be five minutes.

Q. Can you say whether, when you passed Prince's-court first, that body was lying there? - A. No, it was not lying there.

Q. Had you heard any cry of watch, or murder? - A. As I was coming down Drury-lane, I heard a rattle spring, but it seemed at a distance, and towards Bloomsbury, but I heard no cry.

Q.(To Scott.) Did you see any woman near the place when you went with the body? - A. No, I saw no woman there.

Q. Was it very dark? - A. It was dark, and the streets were very quite.

Court. Gentlemen, I have been thinking of this case, and I really think, in a case in which there appears so much doubt, you would not be warranted in finding the prisoner guilty; if you wish to hear the rest of the evidence, we will go on.

The Jury immediately pronounced a verdict of

NOT GUILTY .

(The prisoner then applied for a copy of his indictment, which the Court refused to grant.)

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

Reference Number: t17980704-51

456. MARY-ANN WINTER, otherwise STONE , was indicted for the wilful murder of Abraham Winter .

She stood likewise charged with the like murder upon the Coroner's Inquisition.

ELIZABETH ERNSBY sworn. - Q. Did you know Abraham Winter ? - A. Yes.

Q.Do you know the prisoner at the bar? - A. Yes. On Saturday the 3d of June, I was at the Royal-oak, in Whitechapel-road; my husband and I had been out to spend the evening, it was about half-past twelve o'clock when we entered the house; we enquired at the bar for a person we wanted, and he was not there; my husband said, we will go backwards into the parlour, and see if he is there; we went in, and there sat the prisoner at the bar, and the deceased.

Q. Did they appear to be sitting on good terms or bad? - A. I cannot say, she came out, and I came out with her; we went about thirty yards down Whithechapel-road, and she cried to me upon the ill usage he gave her; I said, I would not stay with him; she then said, she would not stay with him, that on Friday evening, he came and used her very ill, broke and destroyed all she had in her place; she shewed me her left hand, it was very much swelled, and she said, that was through the ill usage she had had on Friday evening.

Q. Were her arms black? - A. I do not know, she did not shew me her arms; we then returned to the house, and the prisoner and I had a glass of brandy each, at the bar, and a piece of bread, and then my husband and the deceased came out together with a pot of beer; my husband, and I, and the deceased, and the prisoner, all sat down together in a box, the deceased and the prisoner began to quarrel immediately after they sat down.

Q. Were they man and wife, or did they only live together? - A. I did not know but what they were man and wife, till after the examination before the Magistrate.

Q. Do you know how long they had lived together? - A. I look upon it, about two years; my husband said, what you have got to say, say at home, do not say it in a public-house.

Q. What did he say to her? - A. He d-d her eyes and called her a b-h.

Q. Did he charge her with any thing? - A. Not that I heard at that time; then he struck her in the face with his hands clenched; I made answer, and said, do not use the woman ill, for I know to my certain knowledge that she has been a wife to you, and a mother to your child, and then he struck her again; I called him a blackguard, upon that he struck me, and sent me almost the length of the settle, and then I threw the pot at him; and my husband said, do not strike her, I have had her ten years, and never struck her in my life, and you have no business to strike her; then he called me a w-e, and I said, I was none; he said, he was not the first Jew I had had.

Q. What was the deceased? - A. A painter and glazier.

Q. Was he a Jew too? - A. Yes; and then he called me w-e again, and we made a laugh at it, and we all sat down again; then they got to words again, and he said to her, I will make a small one of you; upon that, he took her by the left hand, and twisted her arm round, and fell a beating of her, then she took her arm from her right side, and made a blow at him, I thought with that it was with her hand, but presently after, he says, you have got a knife, he opened his breast, and the blood issued out; my husband said, let us be out of this, and then we went away.

JUDAH ISRAEL sworn. - The prisoner was dead before I saw him at the hospital; he had a wound in the right shoulder, which had wounded the auxilary artery, and perforated the lungs.

Q.(To Ernsby.) Which hand was it that she said, he had hurt? - A. The left arm.

Q. Was that the arm that he twisted? - A. Yes.

GUILTY of manslaughter .

Confined one month in Newgate , and fined 1s.

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

Reference Number: t17980704-52

457. JOHN GILBERT was indicted for that he, on the 7th of June , forty-two pieces of false and counterfeit milled money, counterfeited to the likeness of a good shilling, the same not being cut in pieces, unlawfully and feloniously did put off to William Houghton, at a lower rate and value than the same did import, and were counterfeited for, that is to say for one guinea .

(The case was opened by Mr. Ward.)

WILLIAM HOUGHTON sworn. - Examined by Mr. Ward. I have known the prisoner ever since last May: On Thursday the 7th of June, between five and six o'clock in the evening, I and Marsden the officer met the prisoner at the bar, in Fleet-market; he said, Houghton, who is this man with you? I said, a friend of mine; upon that I told him, I was going to different places with an EO table, and I should want a vast deal; I told him that Marsden was the man that was to work the table for me; we went into a public-house, and

he brought out his money; he gave me forty-two pieces, and I gave him a guinea which had been marked by Marsden; it was past nine o'clock before we came from the Public-office; I went home to lock them up, and how it was I don't know, but I lost seven of them before I got to the office.

Q. Had you any other counterfeit money about you, but that which you received from the prisoner? - A. I had neither copper, silver, or gold.(Produces thirty-five shillings.)

JOHN MARSDEN sworn. - Examined by Mr. Ward. I am a Police-officer: I went to a public-house in Fleet-market, with the last witness, on the 7th of June, in the evening; before I went, I marked a guinea; when we were in the house, Houghton asked me to lend him a guinea, upon which I picked out the marked guinea, which he gave the prisoner, and the prisoner gave him forty-two shillings, and counted them before me; Gilbert said to me, you may as well have half a piece, I refused; then he said, he had got a quarter of a piece, that I should have for five shillings; I immediately took him into custody, I searched him, and took some bad money from him, which I have here. (Produces it.)

Q. Look at these thirty-five pieces, and tell us it they are good shillings? - A.These are all counterfeit.

Prisoner's defence. Houghton is a man of infamous character, he is a common informer, he said, he should pass all those to night, and he should want some more to-morrow; accordingly, the next day, he wanted Marsden to let him have seven more to make up the number, for he had passed seven of them.

Marsden. Houghton asked me to let him have seven of mine, to make up the number, as he had lost seven, and I told him I should do no such thing.

GUILTY (Aged 58.)

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

The following day, the prisoner was brought up again.

Mr. Shelton. You stand convicted of felony, what have you to say for yourself, why you should not receive judgment, to die according to law?

Prisoner. I pray the benefit of the statute.(Mr. Ward, Counsel for the prosecution, put in a plea, stating, that the prisoner was not entitled to benefit of clergy, because he had been before convicted, which was read by Mr. Shelton.)

Mr. Justice Buller. Prisoner, what you have heard just now read is an allegation that you have been previously convicted, about two years ago, of another offence, of uttering copper money for less than it imported to be worth, and that if you were so, you are not entitled to the benefit of clergy; what have you to say in answer to that charge, of having been so convicted two years ago of another offence, namely, that of uttering copper for less than it imported to be worth?

Prisoner. I thought it was not a capital offence the second time.

Mr. Justice Buller. Q. Were you convicted two years ago of that offence?

Prisoner. It was only three papers of halfpence, I did not sell them to the man - I was cruelly used.

Mr. Justice Buller. Do you admit that you are the man that was then convicted - you may say, you were, or you may say you were not.

Prisoner. I leave it to your Lordship.

Mr. Justice Buller. You cannot leave it to me- were you or not convicted two years ago of putting off bad halfpence, at a less price than they imported to be worth?

Prisoner. No, it was my brother, I believe.

Mr. Justice Buller. Then they must prove that you are the man.

The Jury sworn.(Mr. Shelton produced the record of the prisoner's conviction, which was read.)

JOHN WRAY sworn. - I am an officer belonging to Worship-street office; I know the prisoner Gilbert perfectly well.

Q. Do you remember his being tried in December 1795? - A. Yes.

Q. Is the prisoner the man that was then tried? - A. The identical man.

Q. What was he tried for? - A.Putting off bad money.

Q. Was he convicted? - A. He was convicted.

Prisoner. He may say what he will, it was not me.

Mr. Justice Buller. Gentlemen of the Jury, the only question for you to try is, whether this man is the same person, who was convicted in December, 1795, for putting off bad copper. The record of conviction has been read to you, by which you see John Gilbert and Ann Gilbert were tried here for the offence of putting off bad copper. Then the question is, whether the prisoner at the bar is the man who was so convicted, and John Wray is called, who tells you, that he is the man.

Jury. We find that he is the same person.

Mr. Justice Buller. Prisoner, the offence of which you have been convicted here, during this session, is that of putting off to one William Houghton, forty-two pieces of counterfeit milled money, to the likeness of a shilling, not being cut in pieces and which you put off at a lower rate than they imported to be worth, that is to say, these forty-two counterfeit shillings, for the sum of one guinea, which is just half what they would have been worth, if they had been genuine pieces of money. As to what you said sometime ago, that the offence of which you have now been convicted is not a capital offence; if it had rested by itself, and there had been no former bad conduct on your part, amounting to a felony, it would have been, as you suppose, it would not have been a capital offence; but our ancestors have very wisely, for the public, provided, that men shall not be permitted to offend, from time to time, and be allowed the indulgence of what is called, a clergy, when they are called up to say whether they have any thing to alledge against a sentence of death being passed upon them in a case of felony. It is now a great many years ago, as far back as the reign of Henry VII . when the legislature, in considering this question, I think wisely concluded, that any man, who had once had the benefit of clergy allowed to him, should not, for any future crime, be entitled to that benefit. If a man had been convicted of a felony, and was entitled to his clergy, that proceeded wholly from the lenity, and from the mercy of the law of this land; that lenity was founded upon the idea, or at least the hope, that the man who had been convicted of a felony, might see the extent of his guilt which he had committed, that he might repent, and might afterwards become a useful member of society; but they were satisfied, that as men were so hardened in their dispositions, that by their future conduct, they proved to the world, that they were unworthy of the mercy that had been shewn to them; it should not be extended to a second crime, and therefore, at the time I mentioned to you, the legislature provided, that no man, who had once had his clergy, should have it again; perhaps, in making that provision, they rightly attended to the interests of the public at large - we do find, from the records of cases which have passed in the Courts of Justice of this country, that in the last century it hardly ever happened, that a man, who was convicted of a second felony, was suffered to pass without undergoing the execution of that judgment, which it is my duty to pronounce upon you - perhaps the practice of that time might be more beneficial to the public than that which has prevailed in later times - undoubtedly, we do find, that at the period when that rule was attended to felonies, bore no proportion to what they do in the present day. If the lenity of Courts of Justice has contributed to the multiplication of crimes, it is much to be lamented. It has been the practice, not only of this Court, but of all criminal Courts, to look with an eye of compassion upon the case of the prisoners who are tried; and if any circumstances can be found, which, in any degree, will justify a Court, in interposing in favour of a prisoner, and in lessening that share of punishment which belonged to his crimes, the Courts have most readily interfered; and I am afraid, that in many instances, they have done it beyond what the interest and welfare of the public would warrant. But when we come to the case of second offences, the hands of Courts are considerably tied down; for, by the statute that I have stated, the legislature has provided, that in cases which otherwise would not be liable to the punishment of death, if they come before the Court as a second offence, if it be proved that the prisoner, guilty of that offence, has previously committed another, for which he has been allowed his clergy, that shall not be allowed again, and if the clergy be not allowed, nothing remains, but the Court is bound to pass judgment. There is no case in which, by the laws of this country, our most gracious Sovereign, from whom mercy flows, may not, if he thinks sit, in his wisdom, relax the rigour of the law; but if it be established in this place, that an offender, standing at this bar, has been already allowed his clergy for a former felony, the law says, that for a second felony, on conviction, he is liable to suffer death, and therefore, in the situation in which you stand, it is the bounden duty of the Court to pass that sentence upon you, which is, that you be taken from hence, to the place from whence you came, that from thence you be carried to the place of execution, there to be hanged by the neck until you are dead - and may God Almighty have mercy on your soul .

Reference Number: t17980704-53

458. THOMAS BURKE was indicted for feloniously stealing, on the 28th of May , three shillings , the property of John Horton .

JOHN HORTON sworn. - I live in Peter-street, Westminster : On the 28th of May, I went down into the cellar to get up some wood, and when I came up again I saw the prisoner at my till; I laid hold of him, and took three-pence halfpenny out of his hand, all my silver was gone that I had taken in the course of the day, I think there was about three shillings, or three shillings and sixpence, and a great quantity of halfpence; I had looked in the till about an hour or two before.

Prisoner's defence. I had been receiving my pay along with a witness who is here, and we went into a house for some porter, and I went out to get some bread and cheese; I went into the prosecutor's shop with three-pence halfpenny in my hand, there was nobody in the shop, and I was looking about for somebody, when this gentleman came up, and said I was robbing his till.

For the Prisoner.

PHILIP WOOM sworn. - I was paid five shillings and sixpence along with the prisoner; he had a very remarkable half-crown, and I asked him if it was a dollar, and he said no; we went to the Black-lion together, and then he went out to get some bread and cheese.

Q.(To Horton.) How much money did you find upon him? - A. About five shillings.

Jury. Q. Was the till open? - A.Half open.

NOT GUILTY .

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

Reference Number: t17980704-54

459. JAMES M'NELL and GEORGE CLARKE were indicted for breaking and entering the dwelling-house of James Maclaurim , about the hour of four in the afternoon of the 3d of June , no person being therein, and stealing six silver teaspoons, value 1l. 6s. 6d. a pair of silver sugar-tongs, value 8s. 6d. a pair of silver shoe-buckles, value 1l. 6s. a pair of shoe-latchets, value 12s. a silk cloak, value 3l. 3s. two gowns, value 2l. 10s. and two petticoats, value 20s. the property of the said James; five linen shirts, value 1l. 5s. and two pair of silk stockings, value 3s. the property of John Duff ; and two guineas in money , the property of John Young .

JAMES MACLAURIN sworn. - I live at No. 6, Featherstone-buildings, London-wall : I went out on the 3d of June, and left my brother in the house.

JOHN MACLAURIN sworn. - I went out after my brother, I left nobody in the house, I returned about a quarter past four; when I came to the door I found it half way open.

Q. Were there any marks of violence upon the door? - A. None at all; I went up stairs, and found the chests of drawers all scattered about; and then I went up to the next room above stairs, and found all the boxes in the room with the locks broke, and all the things scattered about.

Q. Do you know any thing of the prisoners? - A. No; I never saw them till I saw them in custody.

Q.(To James Maclaurin ). When you came home did you go up stairs? - A. Yes; I found a chest of drawers, the locks had been broke, and sprung open; I went to a cupboard up one pair of stairs, and missed six silver tea-spoons that I had used at breakfast that morning, and a pair of silver sugar-tongs; I went up to my own box, and missed a pair of silver shoe-buckles, and a pair of silver shoe-latchets; there was a silk cloak I missed out of my wife's box; but I do not know so well about her things, and she is not here.

Q. Is Duff here? - A. No, nor Young.

Q.Have you ever seen them since? - A. No, I have not; I had given one pound six shillings and sixpence for the spoons, a very short time before, eight shillings and sixpence for the sugar-tongs, one pound six shillings for the buckles, and twelve shillings for the latchets.

Q. What reason have you to suspect the prisoners? - A. I went to my next door neighbour, and got information from Maria Wheatley.

MARIA WHEATLEY sworn. - I live next door to Mr. Maclaurin: On Sunday the 3d of June last, about half past three o'clock, I was looking out at the window, and saw a man in a brown coat standing by Mr. Maclaurin's door, looking about him for some time, till a man in a green coat came up and took hold of his collar; the man in brown, which was the prisoner Clarke, looked very hard at me; I then went up stairs, and saw the same man, Clarke, knock twice at Mr. Maclaurin's door; then he looked round, and not seeing anybody, he stooped down to the key-hole, but I did not see him put any key in, I saw him open the door, and go in; and after that, I saw the man in green run up the steps, go in, and shut the door.

Q. Who was the man in green? - A. I do not know, I did not see his face at all; my mother called me down stairs, and I saw no more of them, nor thought any more about it.

Cross-examined by Mr. Gurney. Q. Had you ever seen the man before that you suppose was Clarke? - A. No.

Q. How soon after that did you see the person that now stands at the bar? - A. On the Tuesday after.

Q. Then he was taken up? - A. Yes.

Q. You saw him in custody? - A. Yes.

Q. Was any body in custody with him? - A. Yes, the other prisoner.

Q. You went there expecting to find one of the persons who had robbed Mr. Maclaurin's house? - A. Yes.

Q. And then you thought he was one of the persons? - A. Yes.

Q. You did not see him break the door open? - A. No.

Q. He went in at once? - A. Yes; I had described him to the officers before he was taken up.

Court. Q.And in consequence of your description he was taken up? - A. Yes.

SUSANNAH COLLINS sworn. - On the Sunday after Whitsunday, the 3d of June, at half past three o'clock, I went to my own door, two houses from Mr. Maclaurin's; as I was standing for a little air, I saw a man in a green coat; after some time, a young man in brown came and spoke to him.

Q. Do you know the man in green? - A. Yes, the prisoner M'Nell; I did not see them go into the house.

Mr. Gurney. Q. Where this man came from, or where he went, you do not know? - A. No.

WILLIAM BLACKITER sworn. - I am an officer: I went to the prisoner Clarke's lodgings, in Cow-heel-alley, Golden-lane, on the 6th of June, in company with other officers; we searched the house, but found nothing in the house except a broken crow, a large gimblet, and a false key for taking impressions off, there is some wax upon it; now his wife's sister lived in the house too; it was a deplorable place to see.

Q.Were these things in the apartment in which you found him? - A. Yes, in a closet under the stairs.

Q.Did you take him up in consequence of the description Maria Wheatley had given of him? - A. Yes.

Cross-examined by Mr. Gurney. Q. They were lying in a concealed state? - A. Yes.

Q. So that they might have been lying there and persons in the house not know any thing of it? - A. They might; I was obliged to put my arm a great way under to find them.

JOHN WRAY sworn. - I was with Blackiter, and searched the apartments of Clarke; I also searched the apartments of the other prisoner in St. John's-street, but found nothing but a phosphorous bottle; he was in bed.

Blackiter. I forgot to mention to your Lordship, that this crow I took to the prosecutor's house, and compared it with the marks of violence on the drawers, and they corresponded.

Mr. Gurney. Q. Do you not know that that is the most common sized crow that can be met with? - A. Yes.

Q. Do you not know that there are hundreds such to be found? - A. Yes.

Court. Q. Are these crows a thing which people make use of in a regular trade, or business? - A.Never any but thieves make use of them.

RICHARD FERRIS sworn. - I know no more than the other officers.

M'Nell's defence. I am entirely innocent of the charge.

Clarke's defence. I went to dine with my uncle at Islington; at one o'clock; from thence I returned home about half past four o'clock; I am entirely innocent of what is alledged against me.

M'Nell, GUILTY Death . (Aged 28.)

Clarke, GUILTY Death. (Aged 25.)

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

Reference Number: t17980704-55

460. JOHN COOK was indicted for feloniously stealing, on the 25th of May , a deal box, with an iron lock, value 3s. a guinea, and a half-crown , the property of Sarah Newell .

The prosecutrix was called, but not appearing, her recognizance was ordered to be estreated.

NOT GUILTY .

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

Reference Number: t17980704-56

461. WILLIAM WILSON was indicted for feloniously stealing, on the 6th of July , a silk handkerchief, value 14d. the property of Stephen Kemsley .

STEPHEN KEMSLEY sworn. - About half past twelve o'clock, this day, as I was passing from Hyde-park to the Green-pa rk, just at the gateway, going to Constitution-hill, a person told me, my pocked was picked of my handkerchief, I missed it immediately from my right hand pocket, it was a silk handkerchief.

WILLIAM BIRD sworn. - I was in Hyde-park this morning, and saw the prisoner behind the prosecutor, attempting several times to put his hand in his pocket; he followed the prosecutor out of Hyde-park, across Piccadilly, and just at the entrance of the gate, into the Green-park, he rushed close up to him, and I saw him pull his handkerchief out, I immediately seized him round the waist with the handkerchief in his hand, and we both fell together; then he begged I would not hurt him, I told him I would not; I called a friend who was with me to pick up the handkerchief which he had thrown out of his hand, which he did, he then

called Mr. Kemsley back, I have had the handkerchief ever since.

- BEDDOWES sworn. - I was with the last witness; we observed the prisoner in Hyde-park several times trying to pick the prosecutor's pocket; he followed him over to the Green-park gate, we followed them, and I saw the prisoner put his hand into Mr. Kemsley's pocket, and take something out, but I cannot swear that it was a handkerchief; I picked a handkerchief up almost immediately, and Mr. Kemsley said, it was his.

Mr. Kemsley. I gave the handkerchief that I received from Beddowes to Bird. (Bird produces the handkerchief).

Mr. Kemsley. This is my handkerchief.

Prisoner's defence. There was a horse prancing and making a great disturbance among the people, and that gentleman took me round the waist and threw me down, and then that other man picked up a handkerchief, I knew nothing at all about it.

GUILTY (Aged 25.)

Transported for seven years .

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

Reference Number: t17980704-57

462. JOSEPH SMITH was indicted for obtaining goods under false pretences .

WILLIAM WEST sworn. - I am a leather-seller , in Bride-lane, Fleet-street , in partnership with Elizabeth Avery , widow .

Q. Do you know the prisoner at the bar? - A. I did not know him before this transaction; he came to my house on the 6th of June , and told me he wanted some morocco skins for Mr. Jackson, upholsterer, of Jewin-street, for chair seats; I asked him, if he had a written order, he said, no; I then asked him, if he knew Mr. Lamb, clerk to Mr. Jackson; he said, he knew Mr. Lamb, that he had left Mr. Jackson, and kept a shop in Jewin-street; he said his name was Simpson; I let him have six morocco skins.

Q. Was Mr. Jackson a customer of your's? - A. Yes.

Q. If he had not said he came from Mr. Jackson, should you have let him have them? - A. No; he came a second time, and I took him up.

Q. What is the value of these skins? - A. Two pounds eighteen shillings, he had a bill of parcels with them.

JOSEPH JACKSON sworn. - Q. Are you a customer of Mr. West's? - A. A little customer.

Q. Did you ever send for goods to his house? - A. No; I do not know that I ever did, upon any occasion; if I wanted any thing, I always order it myself: Mr. West never sold me any thing but nine green morocco skins, about two months ago.

Q. On the 6th of June, did you send to him for any skins? - A. No.

Q. Did you send the prisoner for any skins? - A. Never in my life; he worked for me about three years ago as an upholsterer.

The prisoner left his defence to the Court.

GUILTY .

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980704-58

463. MARY DUKESON was indicted for receiving stolen goods .

THOMAS ELDRID sworn. - I am a coach plater, London-Wall: On Monday the 28th of May, I had reason to suspect that a servant girl, of the name of Mary Gover, had robbed me, I challenged her with it, and threatened to send for an officer, and then she confessed she had sold the apron, the subject matter of this indictment, to a woman who sold gingerbread, at the corner of Bedlam, for four-pence; in consequence of that, I took the girl, and went to see for the woman, she was not there; I went a second time with the girl, and then she was there; I told her, she had got some of my property, she looked confused, not knowing me, till she saw the girl, and then she immediately said, yes, she had; I then said, you have got a muslin apron; she then said, she would give me all she had to the value of a farthing; I told her to come along with me, and give them to me directly; she

said, she could not, her daughter was out, and she had got the key; she said, her daughter might be two or three hours before she came in; I saw an officer just by, and I gave her in charge to him; I then went to her room with the officer; I asked her what she had done with the apron, she said, it was pawned; I staid in the room, and she went with the officer to the pawnbroker's, and brought the apron to me in the room.

Q. It was entirely by her means that you recovered your property? - A. Yes.

MARY ELDRID sworn. - I am the wife of Thomas Eldrid; I know this apron to be mine; I missed it first on Monday, the 28th of May.

Q. Was that the day your husband went to the prisoner? - A. Yes; Mary Gover was my servant; I had charged her with taking it, and it was brought to me the same evening, about seven o'clock, by Mr. Cox, the constable; the apron is my own making, there is no mark upon it, it corresponds with one that I have to produce.

Q. Can you safely swear, that the apron, which the constable brought to you, is your apron? - A. Yes.

MARY GOVER sworn. - I am servant to Mr. Eldrid: On Monday the 28th of May, Mr. Eldrid charged me with stealing a muslin apron, and I owned to it; he said, he would charge me with a constable if I did not own to it; I told him, I had sold it for four-pence to a woman that sold gingerbread.

Q. What did you say to the prisoner, when you sold it to her? - A. I told her, I was a nursery-maid to three children, and that my mistress had given me this apron for myself; she said, as I was a nursery-maid, if I had any other things to sell, she would be glad if I would bring them to her, as her daughter was ready to lay-in, I asked her four-pence for the apron, and she gave it me.

Q. Did you tell her truly where you lived? - A. Yes.

JOHN COX sworn. - I am a constable of Broad-street Ward, (produces a muslin apron); the pawnbroker is not here; the prisoner went with me to the pawnbroker's, and I found it there, it was pawned for two shillings.

Mrs. Eldrid. This is my apron, I think two of them cost me twelve shillings, I had not wore this.

Q. Do you think it would sell for four shilling? - A. I cannot say, but I think it would.

Q. Is it worth more than four-pence? - A. Yes.

Prisoner's defence. I have sat at the corner of Bedlam three and twenty years, I never was before a Justice in my life till now; the girl told me she was a nursery-maid, and her mistress had given her that, and she wanted to sell it; she asked me two shillings for it, I had but a groat in the world, I gave her that, and she was to come in the evening for the rest, but I never saw her afterwards, till the gentleman came with her; I told him directly that I had got it, I pledged the apron to give her the rest of the money.

Q.(To Gover.) Remember that you tell the truth, did she give you but four-pence? - A.No more, and there was not a word about two shillings mentioned.

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

NOT GUILTY

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980704-59

464. MARY DUKESON was again indicted for receiving other stolen goods .

THOMAS ELDRID sworn. - I live at No. 53, London-wall: On Monday, the 28th of May, I was robbed of the things contained in the indictment; I found it out in the manner I stated before; I gave the prisoner in charge of the officer, the corner of Bedlam; I got the information by means of the servant girl. I went, with the officer and the prisoner, to her lodgings, she the produced out of the drawers, the things mentioned in the indictment, part out of one room, and part out of another; she said, those were the things which she had of the girl; in consequence of that, she went to the Compter. The things have been lodged ever since in the possession of the officer. I have nothing further to say.(Mary Eldrid was called, but her husband said, she was so ill as not to be capable of attending).

MARY GOVER sworn. - I am servant to Mr. Thomas Eldrid; I am thirteen years of age next September: I carried to the prisoner, three linen shirts, two muslin caps, three linen caps, two cambric caps,a bit of silk, and a cambirc frill of a shirt; she gave me four-pence for the whole of them; she said, she had not fourpence about her, but she would go and borrow it, which she did. I should know the things again if I saw them. She did not ask me who the things belonged to; she knew I was the servant of Mr. Eldrid.

JOHN COX sworn. - I am a constable; I produce three linen shirts, two muslin caps, three linen caps, a bit of silk, and a cambric frill of a shirt.

Mary Gover. Those three shirts are my master's

Court. Q. Are they such shirts as men wear? - A.They are infants' shirts.

Q.Are you sure that is the property belonging to Mr. Eldrid? - A. Yes.

Q. Where did you get them? - A. Out of the drawers.

Q.(To Mr. Eldrid). Is this your property? - A.This shirt I can swear to, and that piece of silk, which is the fellow to what I have got in my pocket; I know the shirt by a broad hem at the bottom, I saw the fellow to it just before I came here. I believe the other things to be mine.

Prisoner's defence. My Lord, I have lived three-and-twenty years on one spot, in getting my living; I never was before a Magistrate in my life before; this girl came by, and asked me if I would buy some rags, and in the rags which she gave me to look at, there were three or four caps; I told her it was a pity to sell the caps for rags, and she gave them to me. The next day, she brought me two little caps, and I gave her four-pence for them. I never knew where she lived till the day they took me to prison. I have got four children.

Court. (To Eldrid). Q. The several articles contained in this indictment, what is the value of them? - A. The whole together about five shillings.

Two witnesses were called to the prisoner's character, who had known her from two to three years, and gave her a very good one.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17980704-60

465. EDWARD CLARK was indicted for receiving stolen goods .

- EMERY sworn. - I am a porkman: On Monday, the 25th of March, two sheets hung out to dry in the yard; I missed them on Tuesday morning, the 2d of April, and also four muslin aprons, a muslin handkerchief, a laced cap, a brass candlestick, and a pair of gold scales; I found one sheet at Mr. Clark's, No. 4, Golden-lane, he keeps an old iron and broker's shop, and has another house opposite, in the chandlery way; I went there along with the woman that stole them, Mrs. Duffin; there was my name upon the sheet, and the number; the other sheet I don't know, because it has no mark.

Cross-examined by Mr. Alley. Q. That sheet you got from Mrs. Clark? - A. Yes.

Q.Did not you go with Mrs. Duffin to the prisoner's house, and say, she had pawned a sheet for eight-pence? - A. No.

Q. Do you know a man of the name of Steel? - A. I have seen him once or twice.

Q. Do you remember sending him to that poor fellow to say, if he gave you ten shillings you would not prosecute him? - A. I did not; nor a hundred pounds, nor a thousand pounds.

ELIZABETH DUFFIN sworn. - I am a married woman, and have got three children, my husband is a carpenter; I happened to go into Mr. Emery's yard for some water, I lived in the parish eleven years, and was never guilty of such a thing before; it was about a fortnight before Easter, it was after ten o'clock at night, and I had had some words with my husband, and he had turned me out; I saw these things hanging to dry upon the line in the yard, and I took them, and also a candlestick out of the house, the same night; I sold them to Mr. Clark in his own shop, the very minute after I had taken them, the watchman was going eleven; I put them down in the parlour, upon a chair, and Mr. Clark took them and put them upon the counter; Mrs. Clark gave me three-pence, and told me to come in the morning and I should have some more; the next day his wife paid me four-pence more, which made seven-pence for the whole lot.

Q. What were the things? - A. A pair of sheets only, then; the other things I sold to Mr. Clark the same week.

Q. Did you sell a muslin apron? - A. No.

Q. Any handkerchief, or cap? - A. No; there was a pair of gold scales, and a candlestick; I got two-pence for the candlestick, and two-pence for the scales.

Q. How came you to tell Mr. Emery of it afterwards? - A. His wife was fretting about it, and I told her not to make herself so unhappy, for it was I that took them.

Cross-examined by Mr. Alley. Q. YOu know I was an old friend of your's at Clerkenwell? - A. Yes; I was at Clerkenwell.

Q. This man was your friend, and you were kind enough to rob him for his kindness to you? - A. I took the things.

Q. Don't you know, that by swearing against this poor man you save yourself from going to Botany Bay? - A. No, I don't know that.

ROBERT OWEN sworn. - I know nothing of this but hearing the confession of the last witness.

Mr. Alley addressed the Jury in behalf of the defendant.

GUILTY .

Imprisoned in Newgate six calendar months , and publicly whipped one hundred yards in Golden-lane, as near his own dwelling as possible .

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

Reference Number: t17980704-61

466. EDWARD ATKINSON , LUKE BALL , JOHN TURK , JOHN WARWICK , and NATHANIEL LYNHAM , were indicted for a conspiracy .(The indictment was stated by Mr. Gurney.)

Mr. Knowlys. Gentlemen of the Jury, this is an indictment against the five defendants, who are now before you, Edward Atkinson, John Turk , Nathaniel Lynham, Luke Ball, and John Warwick, and the indictment charges them with a conspiracy.

Gentleman, on the present occasion, I have the honour to represent a very useful body of respectable gentlemen, master printers, who are induced, in consequence of very great concern for the interest of the public, to bring forward these five men, who are men of very decent appearance, and certainly not men of the lowest understanding, although they are charged with an offence now upon the records of the Court.

Gentlemen, the crime of conspiracy has always been looked upon in a very aggravated light indeed, and a more dangerous thing to the public can hardly be stated, than that of a set of men conspiring to obstruct the progress of any one trade; and it is to be lamented, that hardly a year has gone on without a conspiracy having been brought forward by some active men against their masters.

Gentlemen, with respect to the present case, the trade of printing, in this metropolis, has been interrupted from time to time by the journeymen printers, in attempting to get their wages raised, which has been resisted, and with a good deal of effect by the master printers, who were obliged, on the occasion, to have recourse to their apprentices; therefore it was thought expedient by these journeymen printers, that their masters should be prevented from taking more than a certain number of apprentices, for which purpose they formed a meeting together, which, from its appearance, certainly bore no reproachable mark upon it, it was called A Friendly Society; but, Gentlemen, by the means of some wicked men among them, this society degenerated into a most adomnable meeting for the purpose of a conspiracy; those of the trade who did not join this society were summoned, and even the apprentices, and were told, unless they conformed to the practice of these journeymen, when they came out of their times they should not be employed.

Gentlemen, this kind of proceeding went on for a considerable length of time, till about March last, when the master printers then intimated to each other, if those proceedings went on any longer, it would lead to a very dangerous tendency, as they were under the necessity of performing the work with their apprentices, and their own hands.

Gentlemen, the masters then caused public notice to be given, purporting, that unless these men would return to a sense of their duty some prosecutions should be commenced and brought against them; then it was that this conspiracy began; the principal leader of which was not then known, but with held from the knowledge of the master printers.

Gentlemen, on the 10th of March, the master printers, in consequence of information given them by the pressmen met at the York Hotel, and there the five defendants came clothed as delegates, they represented themselves as the head of a parliament, as we may call it. The principal spokesman, and the leader of those five defendants, was the defendant Atkinson, and they proposed to the masters five propositions, as conditions, not that they would individually do such and such an act, but that the whole body of pressmen should not come to work, but under certain conditions.

Gentlemen, in what situation are we, if those sort of meetings are permitted to go on, or these five men are suffered to take upon themselves, of their own authority, to guide and direct the work in this manner; however, this was the case, Mr. Atkinson was the spokesman, and delivered the following propositions, which the masters took down in writing.

The first was, that there should be three apprentices to seven presses, allowing another should be taken when the eldest is in the last year of his time.

Now I will prove to you what was the policy of this resolution, and then it will appear clearly, that if they are limited, they cannot carry on the work.

The second was, no boy to be admitted upon poundage, unless he be turned over; this is not so material.

The third was, no apprentices to be permitted in any house, beyond a reasonable time of trial, without being turned over.

The fourth was, apprentices not to be allowed equal to journeymen, not less than what will properly support them.

The fifth was, no apprentices to be taken pending the negociation.

Gentlemen, they gave the masters some time to consider of these propositions, and the answer that they returned, was, it could be of no interest for the masters to stop the trade; the interest of the masters, and the interest of the men, must be one and the same, therefore their wish was not for them to do any thing that was prejudicial to the workmen.

Now, gentlemen, was this a conspiracy or not? Was it not a widely extended conspiracy? Gentlemen, you may judge of that, by what even passed at the meeting of the 10th of March, for no sooner had this meeting broke up, than Mr. Thorn addressed himself to Atkinson, and said, I am in a most disagreeable situation, in consequence of the workmen having left me; I really cannot bring the paper forward, but if Young would assist me, I could bring the paper forward; upon which, Atkinson wrote a note to Young, and actually gave permission for Young to work for him, and he did come forward and work for him.

Gentlemen, messengers were addressed to almost every printing-office in London; to the gentlemen of Mr. Barker's office; whether Edward Atkinson , or whoever was the person employed in this business, is not material, but the contents of this message one would almost shudder at, it is as follows:

"Gentlemen, it is the opinion of your committee, that unless your employer gives you a strong assurance, that he has seceded from the body of the masters, you are to consider your engagement this day as at an end."

Can there be any doubt of a conspiracy of the most dangerous nature; but, if there should be a doubt, I will shew you, that wherever this message was sent, the men came forward and insisted upon an answer.

Gentlemen, I need not state to you, when Mr. Atkin

son has stood forward as secretary, that there can be any proof wanted, that this Mr. Atkinson was the author of this message; but if there should be, we have abundant evidence to prove, that this is actually the hand-writing of Atkinson himself.

Gentlemen, in consequence of this, these persons all of them struck, and in this situation it is they are obliged to come forward, not merely for the sake of punishing these men, but for the interest of the public; and I am instructed to say, if these men will now give up this conspiracy, and return to their masters, and work as usual, that the masters will stop this proceeding.I do not expect these terms will be acceded to; but, gentlemen, if that is not to be done, if these men will not repent of their wickedness, I hope this Court will have it in its power to inflict a severe punishment upon them, and I trust others will take warning by them. I will prove these facts to you, they lay in a very narrow compass, and when I have proved them to you, there can be no doubt but this conspiracy exists in this metropolis.

Gentlemen, I hope the landlord of the public-house, where this meeting was held, will be taken notice of in another place.

Gentlemen, I will also prove to you, by a number of witnesses, several of them master printers, that there are a number of journeymen, who are willing to work, but they have been intimidated and told, they shall never get bread if they offer to work; and those, who ar apprentices, are told, when their terms expire, after seven years service, that all their previous labour shall be defeated, and they shall not be employed.

WILLIAM THORN sworn. - Examined by Mr. Jackson.I am a master printer, I live in Red-lion-court, Fleet-street: There have been very considerable disputes arisen between masters and journeymen printers.

Q. Have the master printers increased the number of their apprentices? - A. Yes, they have.

Q. Since that increase of apprentices, have the pressmen, to your knowledge, struck? - A. The increase was made upon different houses, but very few; it was in consequence of not obtaining sufficient journeymen that the increase was made, and they struck in my own house, and several others.

Q. Do you know of any application being made to you, and the other masters, to meet the defendants at the bar? - A. Yes; there was an application made by Mr. Davis.

Q. In consequence then of what you had heard, did the masters, or any part of them, meet? - A. They did, at the York Hotel.

Q. When was it? - A. I cannot positively say, with respect to the time.

Q. Can you tell nearly? - A. It was in the month of April; it was at the York Hotel.

Q. Look at the defendants at the bar; were they present? - A. They were all present.

Q. Now state, as distinctly as you can, what passed when you were there - in what capacity did they come? - A. I understood they came as a committee from the general body of journeymen; they did not say they were a committee, but we met them as I committee, and some as propositions were proposed.

Q. Which of them made those propositions? - A. Sometimes one, sometimes another; they were not all delivered by one person.

Q. Were they delivered in words? - A. I took them down myself verbally.

Q. What character did Atkinson appear in? - A.As secretary.

Q. Do you recollect which of them made the propositions? - A. I before said, they were made sometimes by one, sometimes another; Mr. Atkinson made one, Mr. Lynham another; and then sometimes two were speaking at one time.

Q. Did they, or not, generally discourse upon the propositions that were made? - A. They did.

Q. I understand you to say, that you took down their propositions? - A. I did; this is my handwriting, a great part of it was made at the time, except the two or three lines at the bottom.

Q. Did you read over to them what you had wrote, as their propositions? - A. Yes; I read it over to them, and asked them if it was their meaning or not, and they said yes.

Q. Did any of them state any objection to those propositions when you read them over? - A. No.

Q. State what those propositions were? - A. The first says, three apprentices to seven presses, allowing another should be taken when the eldest was in the last year of his time; that was the first proposition. The second, no boy to be admitted upon poundage unless he be turned over. The third, no apprentice to be permitted in any house beyond a reasonable time of trial, without being turned over. The fourth, apprentices not to be allowed equal to journeymen, nor less than what will properly support them. The fifth, no apprentices to be taken pending the negociation. These are the whole of the propositions that were delivered at that time.

Q. Do you recollect what answer the masters gave? - A. The answer given was at some length, and put into their hands for their consideration; they took it into the coffee-room.

Q. At this time? - A. Yes; they took it into the coffee-room, and some short time after returned; and after some little altercation, and some few objections, they were apparently satisfied with it.

Q. Did what you call the negociation conclude at that time, or was there a further time allowed for an answer? - A. Yes, a month; this was, upon recollection, on the 10th of March, at the York Hotel, Bridge-street, Blackfriars.

Q. A month was to be allowed, for what? - A. To give a final answer to the journeymen, and the trade at large, respecting the propositions made by the journeymen.

Q. And they were to go to work till that answer should be delivered? - A. Yes; they agreed to go to work directly.

Q. Do you mean generally, or till that answer should be delivered? - A. Immediately; Mr. Baldwin was in great necessity, and, I think it was Mr. Atkinson, who said, he would send a man directly; it was one of the persons who had struck, that he should return to business.

Q. Do you know if the masters returned any answer to that? - A. They did return the answer promised, within a month.

Q. Do you know to whom the answer of the masters was returned? - A. Yes; it was returned to the committee, but to whom I cannot precisely say; it was done by a person that transacts the business, and Mr. Bensley the secretary.

Q. Do you know if the masters received any reply from Atkinson, in answer to their answer? - A. I believe they did.

Q. Have you seen one of them? (Shewing him a paper.) - A. Yes; this is the answer that I understood had been delivered.

Q. Have you seen it before? - A. Yes.

Q. You have seen it as his answer? - A. Yes.

Q. After this reply was given, what was the consequence? - A. They struck.

Q. Do you know, of your own knowledge, that they struck in one office, or more than one? - A. They struck in several offices after the reply was sent.

Q. Did your men strike? - A. They did.

Q. What reason did they assign for striking? - Mr. Knapp. His men are not the defendants, and therefore, what they said to him cannot be evidence against these men.

Mr. Knowlys. I submit to the Court, that this is good evidence; we are first to prove a conspiracy; we then alledge, that in consequence of that conspiracy numerous workmen struck; why then, the the conspiracy being alledged, I take it, the conduct of the persons who did strike, is evidence; the conspiracy being first established, that their conduct arose from that conspiracy; for it is charged as an overt act of the conspiracy that they did strike.

Mr. Gurney. It is already in evidence, that the present defendants met the master printers, as a committee; that they made propositions to the masters in the name of the pressmen; that they delivered in those propositions for the pressmen; that at the end of that month they struck a second time, which your Lordship will have most strictly in evidence; and you will find, that instantly after that answer is so given, the pressmen, in the office of Mr. Thorn, struck; and when the answer of the masters is given, they assign that as the reason why they left him.

Mr. Knapp. I apprehended they must prove a knowledge in these persons as connected with the conspiracy stated upon the record, or else your Lordship sees the extent to which it will go; for, unless some knowledge is proved in the defendants upon this record, they might as well extend it to what passed at York, or any other part of the kingdom; and I am sure your Lordship would tell me directly, unless these defendants could be proved to have a perfect knowledge of what these men were about, it is utterly impossible to give that evidence which is contended for on the part of the prosecution; it does seem to me, that what passed at Mr. Thorn's office, with respect to his men striking, unless they prove a concert, and a knowledge in the defendants of what had passed, it is impossible that they should give in evidence any thing like that. I therefore hope your Lordship will be of opinion, that they are not entitled to give any such evidence.

The objection was over-ruled by the Court.

Mr. Jackson. Q. Did you converse with your men on the subject of striking? - A. Yes.

Q. Tell me the names of the men that you so conversed with? - A.Wm. and Henry Medcraft.

Q. Did you send this man, or any of your journeymen, to the committee? - A. I did.

Q. Where did you send them? - A. They went to the committee.

Mr. Knapp. Q.How do you know that? - A. They told me so.

Mr. Knapp. That will not do.

Mr. Jackson. Q. What was the purpose for which you sent them? - A. To enquire whether they might be permitted to return to work; they returned in about an hour afterwards.

Q. Do you know what day this was? - A. It was on the Tuesday; they struck on the Saturday immediately preceding the Sunday, this was on the Tuesday following.

Q. How soon was it after the answer was given by the masters that your men struck? - A. The next day, or the next day but one.

Cross-examined by Mr. Knapp. Q. You have stated a meeting in order to enter into a negociation with the journeymen, is that the only meeting you have had in order to settle you differences? - A. No.

Q. Had you a meeting in the February preceding, at the Globe Tavern? - A. We had.

Q. Had there been letters passed between the journeymen and the masters relative to the dispute even previous to that? - A. I believe there were letters passed between the committee and a Mr. Davis.

Q. Which was communicated to the committee? - A. Yes, occasionally.

Q. How long before that meeting, at the Globe, had there been any communication, and correspondence, had between the journeymen and the

masters? - A.Between the journeymen and Mr. Davis.

Q. Was that correspondence regularly communicated to the committee? - A. Yes.

Q. How long had this communication been going on? - A. I suppose near two months.

Q. On both sides it was intended to communicate between you, in a friendly way, upon the subject of your dispute? - A. It was always the desire of the masters so to do.

Q.You attended the meeting at the Globe Tavern? - A. I did.

Q. Was it at the instance of the masters, desiring a part of the journeymen to meet them at the Globe Tavern? - A. I cannot precisely say, I believe it was through the representation of Mr. Gosnell.

Q. A master printer? - A. Yes.

Q. One of your body? - A. Yes.

Q. And through his representation, you think it was, that a meeting was called at the Globe Tavern? - A. Yes.

Q. Were there any propositions at that meeting, either from the masters or journeymen? - A. The masters requested, as a preliminary, that the men should return to their work, and give up their opposition.

Q. Then they submitted no propositions to the committee? - A. Not to my recollection.

Q.Was there not a conversation between the masters and journeymen, relative to the dispute of taking too many apprentices out door and in? - A.There was a conversation on that subject.

Q. You say there was a conversation upon that subject before you broke up - was it not expressed by the masters, that the journeymen had conducted themselves in a fair and candid manner, making known their objections at that time; I mean at the Globe Tavern, on the 14th of February? - A. I do not precisely recollect that there was any thing of that kind passed.

Q. I will put the question again, I ask you - whether, in the course of that conversation, the masters did not express themselves satisfied at the fair and candid manner in which they had treated the dispute, and urged their requests? - A. No, I do not recollect that.

Q. Now I will put you in mind of them - did nothing like this take place, that the journeymen said, we hope, gentlemen, you do not mean to take any advantage of us on account of the part we have taken in the business, with a view to bring about an amicable adjustment of the dispute; in answer to which, the masters, all of them, immediately said, no, by no means, we hope you will not think so, God forbid that we should attempt it; do you recollect any thing of that sort? - A. Yes. I recollect that.

Q.Now, after having stated to the Court, that you recollect that, perhaps your memory may be a little refreshed - I ask you again, whether the masters did not express themselves satisfied with the conduct of the journeymen at that time, in having met so reasonable a set of men, telling them at the same time, that they might depend upon it that they would be their friends - do you recollect that? - A. Yes, I do.

Q. So that the men then, in the result of both these instances, were given to understand that they had conducted themselves decently and properly to their masters, in urging their request in the reasonable manner in which they had urged it? - A. Yes, up to that period.

Q. So that you appeared perfectly satisfied with the conduct and the manner in which the journeymen had conducted themselves, and they went away with the idea? - A. They went away without any particular determination; the matter still hung in suspence.

Q. Did not you, in order to satisfy every body, submit to shake hands before you parted? - A. There was no kind of animosity, I believe, but there was no shaking hands.

Q.Will you swear there was no shaking hands? - A.There was no such thing as I saw.

Q. After that time, and between the 14th of February and the 10th of March, and the meeting at the York Hotel, did there continue a negociation at all between the masters and journeymen - was there any correspondence kept up? - A. I believe there was with a Mr. Davis.

Q. What passed with Mr. Davis, was made known to the committee of the masters? - A. Yes.

Q. So that a negociation was kept on foot previous to the meeting at the Globe Tavern, at the Globe Tavern, and down to the York Hotel, on the 10th of March - did you, at the York Hotel, join in the wish to negociate the business upon an amicable footing? - A. Most assuredly.

Q. The meeting at the York Hotel was at the desire of the masters convening a part of the journeymen? - A. No, at the request of the journeymen.

Q. Then, at the request of the journeymen, whom you had been negociating with, they, of their accord, desired you, the masters, to meet them again at the York Hotel? - A. They did, by letter.

Q.And in consequence of that, did they attend the committee? - A. They did, the five defendants.

Q.And then the propositions were made, that you have stated to my learned friend? - A. Just so.

Q. Now I would ask you again, whether, even after these propositions were made, and the negociation had subsisted between you from the beginning to the end of this date, whether you did not even

then part friendly with the journeymen, and promise to be their friends? - A. We parted friendly at that time.

Q. Did not you part almost in the same terms as at the Globe Tavern? - A. We parted with still greater hopes of the matter coming to a conclusion.

Q. Were those hopes increased from the conduct of the journeymen? - A. Yes; from the manner in which they received us.

Q. Did not you then, with these hopes, promise to be their friends, and not to take advantage of them? - A. There was no promise made.

Q. But was it stated by any body at that meeting? - A. I do not thing it was.

Q. Will you swear it was not? - A. No.

Q. But you did part with them better friends than before? - A. Yes.

Q. How soon after did you institute this prosecution? - A. Better than a month; it was not determined on till after the men had struck.

Q.How soon did you institute this prosecution, after the month agreed upon between you, the masters, and the journeymen? - A. It was after the month.

Q. Was it two or three days, or was it a week? - A. I believe it might be three or four days.

Q. We have heard it stated, that this is a mild prosecution, and that peace is all that the masters want - did you take up these men upon warrants, the moment the indictment was preferred? - A. That I cannot say, I believe they might; I do not know whether they were or not.

Solicitor for the prosecution. They were; two of them were taken up on a warrant; one of these defendants was taken on the Saturday, and continued till Monday; that was Warwick, I believe.

Q. I would just ask you, whether, after the meeting of the committee, at the York Hotel, and after the month had gone by, whether, even on the part of Atkinson, from the committee of journeymen, a negociation was not further urged to the masters? - A. Not that I know of.

Q. Have you never heard of it? - A. I know nothing of it.

Q. You know Mr. Bensley? - A. Yes.

Q. He is the secretary to your committee? - A. Yes.

Q.Was it not communicated to him, that the journeymen wished to have a further negociation with the masters? - A. Not that I know of.

Q. You belonged to the meeting of the masters? - A. Yes.

Q.And you help to carry on this prosecution - do not you expect to pay your share of the expences? - A. The same as the fund on the other side.

LUKE HANSARD sworn. - Examined by Mr. Gurney. Q. Did the defendant, Atkinson, ever work with you? - A. Yes.

Q.Look at that paper, and tell me if you believe it to be his hand-writing? - A. I do not think the paper is; I believe the signature to be his hand-writing.

Q.Look at that paper? - A. I believe that also to be his signature.

Q.Did Atkinson work with you at the time the journeymen struck? - A. No, he did not.

(Mr. Shelton reads)."April the 5th, 1798. Addressed to Mr. Bensley. To the master printers, Gentlemen, the pressmen were in hopes, from the length of time you have taken, and the promises you have made, when last they had the honour of meeting, that the business would have been more amicably adjusted; nor can they help saying, that your answer tends to no regulation respecting the apprentices, the origin of the present dispute; and unless your body come to some regulation on that head, the pressmen consider the negociation at an end. By order, your's Edward Atkinson ."

"Saturday, April the 7th, 1798. Addressed the gentlemen of Mr. Barker's office. Gentlemen, it is the opinion of your committee, that unless your employer gives you a strong assurance, that he has seceded from the body of masters, you are to consider your engagement at an end, this day. By order, Edward Atkinson , secretary."

Cross-Examined by Mr. Raine. I observed something in that paper respecting regulations of apprentices - I ask you, whether you think it reasonable that masters should take apprentices out of doors, without stint, and without number? -

Court. You cannot ask that; it is no part of this question, whether the journeyman's request is reasonable or not, it is the mode and not the thing that we are to enquire into.

Mr. Raine. I beg your Lordship's pardon; I submit that we are to enquire into the thing as well as the mode.

Court. Certainly not; we are not sitting here to arbitrate between the masters and the men; I do not think that it is any part of the question, even in mitigation of punishment, it is only wasting the time of the Court.

Mr. Raine. Q. I believe you know there is a Friendly Society subsisting among the pressmen? - A. I have heard of it.

Q. Of course, you know the nature of these societies, that as Friendly Societies they are extremely beneficial? - A. Yes, I believe they are.

Q. Atkinson worked for you some time? - A. Yes; but it is a long time back.

Q. Therefore, you had an opportunity of seeing his general character and conduct? - A.While he worked with me, I respected him as a good, sober workman.

Q.Was he a faithful servant? - A. I always found him so.

JONAS DAVIS sworn. - Examined by Mr. Knowlys. Q. You are a master printer? - A. Yes.

Q. Do you know, whether before the meeting on

the 10th of March, at the York-hotel, the pressmen in the trade had struck? - A. Yes; my men had struck long before that.

Q. Do you know of your own knowledge, whether the trade has been at all obstructed in consequence of that striking? - A. To my knowledge it has.

Q. Do you speak of yourself individually, or others? - A. I speak of myself individually, and others besides.

Q. After the meeting at the York-hotel, do you know whether, on the 10th of March, the journeymen came to work? - A. They came to work on the Monday following; my men, who had been absent and refused to come to work for some weeks, I believe, did then return; the meeting was on the Saturday preceding; till then, I could get no men to work.

Q. Do you know whether your men, or any other men, in the employment of any other persons, pressmen, struck, after you had returned the answer to the pressmen? - A. After we had returned our answer, my men left me.

Q.When did they leave you? - A.Four weeks after the 10th of March; I do not recollect the day, some of them gave me warning, that is the usual course of the trade, the others left me without warning.

Q. Have you, from that time, been able to get any pressmen to work for you? - A. Two old men, who are, I understand, proscribed, by the rest of the trade, continued to work for me; and one, who came from Scotland, has worked for me for some little time; besides that, I have no men.

Q. Are you in want, and have you been, of more men? - A. Yes; I have been in great distress for more men, and was at the time they left me.

Q. Do you recollect seeing the defendants, or any of them, at the York Hotel? - A. Yes; I recollect seeing them all at that meeting.

Cross-examined by Mr. Hovel. Q. You, perhaps, know, of your own knowledge, there does exist a friendly society of journeymen? - A. No, I do not.

Q.Have you never had occasion to know, that any of the defendants belonged to a Friendly Society of journeymen? - A. Not to a Friendly Society.

Q.How many out-door apprentices did you happen to have, at the origin of this dispute? - A. At the origin of this dispute, I had two.

Q. Only two? - A. Only two.

Q. Has that been the greatest number you ever had from that time to this? - A. No.

Q. How many more have you got at this time? - A. I have now four, to the best of my recollection.

Q. Cannot you recollect the exact number? - A. Yes, four in the whole, and one in doors; I have had five at one time, but one of them ran away upon my desiring him to bring up ano her, because I could not get journeymen.

Q. I think I understand you to say, that you did not know of this Friendly Society of journeymen? - A. I understand there was a society of pressmen existing, but not a Friendly Society; what I understand by a Friendly Society, is a Benefit society; as such, I do not know, nor do I understand there is any such society existing.

Q. Did you ever hear of the articles of that society-perhaps it may happen to you to have read them? - A. Yes.

Q.When you saw these articles, perhaps you read them attentively? - A. I think I did.

Q. Was there any thing in them, at that time, that was repugnant to your feelings, or judgment? - A. I think there was.

Q. What was it? - A. I cannot recollect.

Q. Did you tell the person so that shewed them to you? - A. No, I did not.

Q. Perhaps, to him, you expressed an approbation of them? - A. No, I did not.

Q. Did you look at them in the presence of the person who brought them? - A. I think not.

Q. Had you any conversation with that person about them? - A. I don't recollect that I had.

Q. Was it a printed copy of the articles of this Society? - A. Yes, it was.

Q. Should you know the book again? - A. I think so.

Q.Look at the? - A. I believe these are the articles, I do not remember the index.

Q. Look at the title page - do you find the term Friendly in that? - A. Yes.

Q. And yet you have no recollection, or ever heard of a society denominated a Friendly Society? - A. I did not say so; I have heard of such a Society, but I did not believe there was such a society existing.

Q. That is a copy of the articles binding that Society together? - A. I do not believe these articles do bind that Society together; I take that to be an insnaring question.

Q. Why do you believe it to be an insnaring question? - A. I do not believe there is any such society existing under these articles, as a Benefit Society; I never heard of any one man being upon that Society.

Q. Have you ever had any conversation with Atkinson upon the subject of these articles? - A. I cannot say; if I have, it has escaped my memory.

Q. Did you ever tell atkinson, that you thought the object of the society good, and the regulations proper? - A. I do not remember telling him so.

Q. Will you swear you did not? - A. No, I will not swear it; I do not recollect it; if I had ever said so, I am convinced I must have added; If they adhered to those articles.

Q. Then you must have some recollection of it? - A. No, I have not.

Q. Then how can you put that interpretation upon it? - A. I put no interpretation upon it.

Q.Were you ever at Hicks's-hall, Clerkenwell? - A. Yes.

Q. Upon what occasion? - A. Attending the trial of some of my own men.

Q. For a conspiracy? - A. Yes.

Q. What became of it? - A. It was removed by a certiorari.

Q. Who removed it? - A. My attorney.

Q. Did you prosecute it? - A. No.

Q. Are you speaking of the present prosecution? - A. No; of a prosecution that I had commenced against my own journeymen, for a conspiracy.

Q. To do what? - A. To injure me, in preventing my taking apprentices.

Q. When was that indictment either given up, or prosecuted? - A. You were there, and therefore you know.

Q. I am not standing in the evidence box, it is my business to ask you questions, and you must answer them.

Q. Was not that a prosecution for an offence, making a part of this conspiracy? - A. Yes; I think it was.

Q. How long ago, was it a month? - A. No; a few days ago.

Q. Then it was a part of this conspiracy? - A. Yes.

Q. Was that the only time you have ever been at Hick's Hall? - A. No.

Q. Upon what occasion have you been there? - A. I have been there to enter into a recognizance.

Q. To try these very persons? - A. Yes.

Q. Were you ever there at any other time? - A I do not remember.

Q. Then these were the only times you had been there? - A. Yes; I was there once before.

Q. Upon what occasion were you there then? - A. On a trial, respecting an apprentice, about three years ago.

Q. What, your apprentice had indicted you? - A. Yes.

Q.For what? - A. For assaulting him.

Court. That can have nothing to do with this question.

Mr. Hovel. My Lord, I conceive it is competent for me to try the credit of this witness; I submit to your Lordship, that it is the only way we have of trying it.

Mr. Knapp. He was convicted of that assault.

Mr. Davis. I was convicted, and the fine, I think, was fourpence, and the apprentice wanted to return to me after that; and before the trial, he offered to return, if I would give him one shilling a week for wages; at that time he was not my apprentice.

Mr. Hovel. Q. It was a tristing switch that you beat him with? - A. Yes.

Q. Was it as thick as my wrist? - A. No; about as thick as my little finger.

Q. Was the fine no more than four-pence? - A. I am not certain.

Mr. Knowlys. Q. Was not the reason you gave to the Court, last Monday, for withdrawing that prosecution, that you would prosecute the ringleader first? - A. It was.

Court. Q. Are you one of the masters that resisted the regulations, respecting the apprentices? - A. Yes.

Mr. Knowlys. Q. At one time you had five apprentices? - A. Yes.

Q. Upon your oath, should you have had so many apprentices, if you could have got journeymen to work? - A. No, upon my oath, I should not.

Mr. Hovel. Q.Were you driven to take these apprentices, because the journeymen refused to work? - A. Yes.

Q. Did you take them at the time? - A. Yes.

Q.How many? - A. Three.

Q. Were any one of these taken during the month allowed for negociation? - A. They were all in the house before.

Q. Was any one assigned to you from any other person? - A. I am not quite clear whether the articles of one were signed, but they were all taken before that; my men had struck long before the general conspiracy; the conspiracy began in my house.

Q. Did you take any one apprentice after the meeting at the York Hotel, when it was agreed by the masters, that you should take no more apprentices during that month? - A. It was not so agreed that I know of; it was agreed, that we should take no more than we had.

Q.Was not the articles of this one boy signed during that month? - A. I am not certain.

Mr. Knowlys. Q.You had received them into the house before the meeting? - A. Yes.

CHARLES BALDWIN sworn. - Examined by Mr. Jackson. I am a master printer, in Union-street, Blackfriars, in partnership with my father: I was at the meeting at the York Hotel, on the 10th of March.

Q.Had your men struck at that time? - A. My men never struck at all.

Q. At the York Hotel, had you any conversation with Atkinson? - A. Yes; upon coming out of the room I met Atkinson, and I told him the difficulty I should have in working the newspaper that afternoon, for the men were not present; I said, I suppose, in consequence of the agreement that had then been made, the men who had been before in my service would return immediately to it; I said, I wanted a man of the name of Young

he said, stay, I had better give you a note; I saw him go into the back coffee room and write it, he delivered it into my hands, and it contained, as nearly as I recollect, the following words -

Q. Who was the note directed to? - A. I am not confident whether it was directed or not.

Q.For whom did Atkinson tell you it was intended? - A. Mr. Young, the pressman.

Q. Did you send it to Young? - A. Yes.

Q. And did Young come to work-after? - A.Inconsequence of it, immediately.

Q. That note is not in your possession? - A. No.

Q. Do you know whether Young was one of those pressmen who had struck? - A. My men had not struck, I had discharged them; I requested them to work a form for Mr. Davis, whose men had left him, and they all refused, and therefore I told them, if they would not do as I requested them, they should not work for me.

Cross-examined by Mr. Knapp. Q. Were you one of the committee of master printers? - A. I was.

Q. Were you present at the Globe Tavern at the meeting of the 14th of February? - A. I cannot recollect the day.

Q.Was it the day on which the masters invited the journeymen to meet them? - A. I did meet the journeymen, and the proposition was made.

Q. Was not the conclusion perfectly friendly between the masters and journeymen? - A. I do not recollect that.

Q. Do you recollect the masters, during the negociation, making use of any expressions of this nature, upon the journeymen saying this: we hope, gentlemen, you do not mean to take any advantage of us, on account of the part we have taken in the business, with a view to bring about an amicable adjustment of the dispute; in answer to which, the masters, all of them, immediately said, no, by no means, we hope you do not think so; God forbid that we should attempt it? - A. I do recollect that.

Q. Do you recollect this likewise: the masters telling the journeymen, at the same time, that they were perfectly satisfied with their conduct, and were happy in having met with so reasonable a set of men; telling them, at the same time, they might depend upon it they would be their friends? - A. Not precisely in those words.

Q. To the effect then? - A. No, nor to the effect.

Q. Do you recollect whether the negociation was not on foot even between the meeting at the Globe Tavern and the meeting at the York Hotel? - A. There was something like a negociation with Mr. Davis.

Q. And that was communicated to the committee? - A. Yes.

Q.And at the meeting at the York Hotel, some propositions were made? - A. Yes; I know it was generally understood, at the York Hotel, that no criminal notice should be taken of the defendants for what passed at the York Hotel.

Q. Do you know whether their conduct, at the York Hotel, was not such as induced you to believe that there were better hopes than even at the Globe? - A. By no means; I did not understand it so.

Q. Has there not been, since the meeting at the York Hotel, a negociation fought for? - A. I have never attended any meeting since the meeting at the York Hotel.

GEORGE WOODFALL sworn. - Examined by Mr. Gurney. I am a master printer.

Q. Did your pressmen ever strike? - A. They did.

Q. In the City of London? - A. Yes.

Q. When did they first strike? - A. The 7th of April.

Q. Did they strike at any time previous to that? - A. They did not.

Q. You were at the meeting at the York Hotel? - A. I was, on the 10th of March.

Q. When your men struck, was that before or after the refusal of the masters to comply with their terms? - A. I think it was after; the answer was on the 4th, and they struck on the 7th.

Q. Did you see any note, in your office, on the day on which they struck, or the day preceding? - A. No, I did not.

Cross-examined by Mr. Raine. Q. Did you, at any time, discharge your men? - A. Yes; I believe it might be some time in March.

Q. There was a month agreed upon for a negociation between the masters and the journeymen? - A. There was a month, in which we were to give an answer to their propositions.

Q. At the expiration of that month did you discharge your men? - A. No, they discharged themselves from me.

Q. Did not you say, they might go about their business? - A. No, certainly not; I am positive I did not.

Q. In the presence of a person of the name of Bennett, did not you say, their time was now expired, and they were at liberty to go where they liked? - A. No, I did not.

Q. Nothing of the sort? - A. No.

JOHN BARKER sworn. - Examined by Mr. Knowlys. I am a printer, No, 6, Old-Bailey.

Q. Look at that paper, and tell me where you got it from? (One of the papers signed by Atkinson.) - A. This letter was brought to me by a person whom I do not know, to give to my men.

Q. In consequence of that, did you deliver that paper to the pressmen employed by you? - A. No; it never was delivered to them, I kept it in my own custody; I had before received a notice from Mr. Atkinson for my men, which I did not deliver.

Q. Did your men leave you soon after that? - A. They did not leave me in consequence of that, I did not deliver it to them.

HENRY BRIER sworn. - Examined by Mr. Knowlys. I am foreman to Mr. Woodsall.

Q. Do you recollect Mr. Woodsall's journeymen leaving him? - A. Yes; on the 7th of April.

Q.Did you see any not that was sent to the men that day? - A. No.

SAMUEL GOSNELL sworn. - Examined by Mr. Jackson. I am a master printer.

Q. Did your men strike before the meeting at the York Hotel on the 10th of March? - A. No; my men struck on the 10th of April.

Q. Did you find any obstruction from their leaving you? - A. Yes, very great; I was obliged to refuse taking work, not being able to get it done.

Q. Do you know whether, in consequence of the men's striking at other offices, there was a great obstruction to the trade in general? - A. Yes.

Q. Were you one of the masters that objected to the limitation of the number of apprentices? - A. Yes.

JOHN YATES sworn. - Examined by Mr. Gurney. I am a journeyman printer, and pressman; I worked with Mr. Gosnell.

Q. Do you know the defendants? - A. Yes, all of them; they are journeymen pressmen.

Q. Did you ever see them at the house of Mr. Amory? - A. Yes, the Crown in Clifford's-Inn-passage.

Q. Have you seen them altogether at that house? - A. I believe so; I cannot swear I have seen them there.

Q. In the public tap-room, or in a private room? - A. In various parts of the house.

Q. You have a society there of pressmen? - A. Yes.

Q. When did you leave Mr. Gosnell's employ? - A. I cannot say exactly how long it is, I believe it might be in the month of April.

Q. How came you to leave Mr. Gosnell's employ? - A. Mr. Gosnell discharged me first of all; I understood it was agreed by the masters and the journeymen, at the York Hotel, that the men were to go back to their employ for one month; and at the expiration of that time, matters not being settled, I left my master.

Q. Did you see Atkinson within a day or two before you left Mr. Gosnell? - A. No, I received a note.

Q.From whom did it come? - A. I cannot say.

Q. What office does Atkinson hold in that society? - A.Secretary, I believe.

Q. Have you any doubt about it? - A. No.

Q. His name was signed to that note? - A. I believe it was, but I cannot say.

Q. Did you mention to Mr. Gosnell that you had had a letter? - A. Yes, I did.

Q. Have you got that letter? - A. No.

Q.Have you lost it? - A. Yes, I have.

Mr. Knapp. Q. How have you lost it? - A. I carried it about in my pocket and lost it; I did not take any care of it.

Q. Did you not give it to any body? - A. No.

Q. Are you sure it is not in your own room? - A. I do not believe it is.

Q. You cannot tell whether it is in existence or not? - A. I cannot say, I have not looked for it.

Mr. Knapp objected that it was not the best evidence, the written document itself not being proved to be out of existence.

The Court were of opinion, that as the witness had sworn that he always carried it about in his pocket, and lost it, it was to be presumed it was not in existence.

Mr. Gurney. Q. Look at that paper, are the contents of that similar to the note you received? - A. I believe it is.

Court. Q. Did you ever see Atkinson write? - A. I have not a sufficient knowledge of his handwriting to say whether it was his writing or not.

Mr. Gurney. Q. Did you see Atkinson after you had left Mr. Gosnell? - A.Frequently.

Q. How soon after you had left Mr. Gosnell did you see him? - A. I do not know exactly.

Q.Where did you see him? - A. I saw him at the Crown afterwards, acting in his usual office as secretary.

Q. Had you any conversation with him afterwards? - A. Not that I recollect.

Q.Was any conversation held in his company respecting the note? - A. Not to my knowledge.

Q. Do you recollect any conversation with Atkinson respecting the note sent to the Printing-offices? - A. Not to my knowledge.

Q. Did you leave Mr. Gosnell in consequence of the note you received? - A. Yes; partly.

Q. Did you state to Mr. Gosnell why you left him? - A. I believe I did.

Q. Did you shew Mr. Gosnell the note? - A. I did.

Q. Did you leave Mr. Gosnell with any regret, or willingly? - A. Willingly.

Cross-examined by Mr. Raine. Q. This society, at the Crown, is a Friendly Society, is it not? - A. Yes.

Court. Q.What do you mean by a Friendly Society? - A. A benefit society.

Mr. Raine. Q. Look at that book? - A. These are the articles.

Mr. Gurney. Q. You say this is a benefit society? - A. Yes.

Q. For the benefit of men who are out of employment, or distressed otherways? - A. Yes.

Q.Has it ever been licensed? - A. I do not know.

Q.How long have they been formed? - A. I cannot exactly say.

Q. How long have you been a member of it? - A. Some years, I cannot say how long.

Q. Are you a member of it? - A. Yes.

Q. Are these all the rules that there are? - A. All that I know of.

Q. What did you call those that did not enter into it? - A.Rats.

Q.Is that a publication of your society? - (Shewing him a paper).

Mr. Raine objected that it did not arise out of his cross-examination, which objection was overruled.

Q.Have you seen that paper before? - A. I have seen such a paper.

Q.Where? - A. There was one stuck up in Mr. Gosnell's office.

Q.It purports to be printed by an order of the committee? - A. That I do not know any thing about.

Q. Were you a member of the society in 1796? - A. Yes.

Q. Where did you first see it? - A. At Mr. Gosnell's office.

Q. How many did you see? - A. Only one.

Q. Look at that, and tell us if you do not believe that is the very same that was stuck up in Mr. Gosnell's office? - A. I do not know that it is the same, it is one of the same kind.

Q. Do you or not believe it is the same? - A. I do not think it is the same.

Q. Upon your oath you do not think it is the same? - A. I do not.

HENRY MEDCRAFT sworn. - Examined by Mr. Knowlys. I am a journeyman pressman; I was employed in Mr. Thorn's office in April last.

Q.Upon your oath, for what reason did you leave his office? - A. I was obliged to leave him, he gave me warning.

Q. Why did he give you warning? - A. He came to the whole of the men, and asked them, singly, -Mr. Raine objected to the question.

Q. Did you communicate your reason to Atkinson, or did you go to Atkinson in consequence of it? - A. I went with a few of my fellow-workmen.

Q.What did you tell Atkinson? - A. I told him, I was out of employ, because I would not go to serve one Mr. Davis.

Q. Why would not you go to serve one Mr. Davis? - A. I served my time to Mr. Thorn, and afterwards went to Mr. Lane, in Leadenhall-street; those were all the places I ever worked at, and I was not experienced, and having a wife and two children. We made it agreeable amongst ourselves to subscribe for one another when out of work; I had subscribed for them.

Q. Did Mr. Thorn send you to Atkinson at any time? - A. We went to work a second time according to the agreement of the masters, as well as the men, that if the affair was not settled between them, that the masters had pledged their words, that they were to go, and I did go, as the master had behaved so ungenteel to me at first.

Q. Did Mr. Thorn send you to the committee, or to Atkinson, or desire you to go? - A.After I had left him the second time, Mr. Thorn sent for me.

Q. Did he desire you to go to any of the committee, and did you go? - A. Yes, in the course of that week.

Q. Did you go, by the desire of Mr. Thorn, to Atkinson, or the committee? - A. Yes, he desired me to go.

Q. Who did you go to? - A. I applied to Mr. Atkinson, the secretary.

Q.What did you apply to him for, what did you ask of him? - A. I went to know if it was agreeable to return.

Q.Agreeable to whom? - A. To all that belonged to that society.

Q. To return where? - A. To work for Mr. Thorn.

Q. What answer did they give you? - A. If Mr. Thorn would make things agreeable, and pledge his word, I might be at liberty to return.

Q. What do you mean by being at liberty to return, if Mr. Thorn would make things agreeable? - A. In compliance with our request, I know no other reason.

Q. What did you understand by his saying, if Mr. Thorn would make it agreeable? - A. After we returned to Mr. Thorn, not to press upon us to return to Mr. Davis.

Q. Did he say a word about your return to Davis? - A. No.

Q. Was there any conversation about apprenticing at that time? - A. Not that I heard.

Q. What was the quarrel between the journeymen and the masters? - A. On account of Mr. Davis taking so many apprentices; it was looked upon that the business was over-run by apprentices.

Q. A little before you left Mr. Thorn, did you receive any letter from Atkinson? - A. I received a note.

Q. Was that from Atkinson? - A. I cannot say, it was made away with.

Q. Was it from Atkinson? - A. I cannot say.

Q. Was it signed, Atkinson, secretary? - A. I cannot say whether it was or was not.

Q. Do you believe it was? - A. It might be, I cannot say.

Q. Did you converse with Atkinson afterwards about that note? - A. No.

Q. Who gave you that note? - A. It was brought by a stranger to me, and given to me at the door.

Q.Was it a journeyman pressman? - A. I do not know.

Q. Do you mean to swear positively that you cannot tell where it came from? - A. Yes.

Q. Was Atkinson's name in the note? - A. I cannot recollect.

Q. Will you swear you cannot recollect? - A. Yes.

Q. Are you a member of the club? - A. I am.

WILLIAM CLIFTON sworn. - Examined by Mr. Gurney. I am a journeyman pressman; I worked for Mr. Spilsbury, Snow-hill.

Q. On what day did you last leave Mr. Spilsbury's employ? - A. I cannot recollect.

Q.Was it in the month of April? - A. I cannot recollect.

Q. Do you recollect an answer being given by the masters to the propositions of the journeymen? - A. Yes.

Q. Did you receive a note? - A. Yes.

Q. Who did you receive that note from? - A. From my fellow workman.

Q. What was the name of that fellow workman? - A. I received a note from Mr. Atkinson.

Q. Have you got that note? - A. No.

Q. What is become of it? - A. I do not know, I have not got it.

Q.Are you sure you have not got it? - A. Yes.

Q.Quite sure? - A. Yes; I have lost it.

Q. Are you quite sure you have lost it? - A. Yes.

Q. Did Atkinson give you a note himself? - A. Yes.

Q. Did he say any thing to you when he gave you the note? - A. I do not recollect.

Q.Brush up your recollection? - A. I cannot say.

Q.What did you do in consequence of that note? - A. I left, in consequence of the agreement between the journeymen and the masters.

Q. When you were about leaving, had you any conversation with Mr. Spilsbury? - A. Yes.

Q. In consequence of that conversation, did you go to Atkinson? - A. No; I saw several of my fellow workmen, but do not know their names; they were pressmen, and belonged to the Benefit Society.

Q. Was Mr. Warwick one? - A. No.

Q.Was Mr. Lynham one? - A. No.

Q. Was Mr. Turk one? - A. No.

Q. Mr. Atkinson? - A. No.

Q. Mr. Ball? - A. No.

Q. Did you go to the Crown? - A. No.

Q. Did Atkinson call upon you at Mr. Spilsbury's office? - A. Yes; he told me, that the negociation between the masters and the men was at an end.

Q.Was that the time he gave you the note? - A. Yes.

Q. Have you ever seen him write? - A. I may have seen him write two or three times, at a distance, at our Benefit Society.

Q.What office does he hold in that Society? - A. As clerk.

Q. Was that note signed with his name? - A. I believe his name was mentioned in it, but I cannot say whereabout.

Q. Look at that note, and tell me if you believe it to be his writing? - A. I cannot say that I should know my own hand-writing, I cannot read two words of it, it was to let me know that the negociation was at an end.

Q. Did you tell Mr. Spilsbury you had seen Atkinson? - A. No.

Q. Did you tell him you had ben to the committee? - A. No.

WILLIAM SPILSBURY sworn. - Examined by Mr. Jackson. I am a master printer; I was at the meeting at the York Hotel: My men left me on the 7th of April.

Q. Was that after the masters had returned their answer? - A. Yes.

Q. Was Clifton one of your men? - A. Yes; he struck with two others; I call it striking, because he left me without notice.

Q. Did you see, in the course of that day, Clifton and Atkinson together? - A. I cannot say that I saw them together, but Atkinson called at my office, and asked for him; I called him, but did not see them together; the men struck that very evening.

Q. Do you know of any note being sent to your office? - A.Not to my knowledge.

Q. Did your trade suffer any obstruction from it? - A. Yes; very great, for a considerable time since.

Q. Do you know whether the trade in general has been obstructed from this striking? - A. From what I can learn, it has very much.

Mr. Raine. Q. This was after the month which had been allowed for negociation? - A. Yes.

DEODATUS BYE sworn. - Examined by Mr. Knowlys. I am a printer: My journeymen pressmen left me on Easter Tuesday last, somewhere about the 10th of April.

Q. In consequence of that, was your business individually prejudiced? - A. Very much so.

Q. How long did your business continue deserted by your men? - A.Till about a week previous to Whitsun holidays.

Q. How have you been able to restore to yourself the power of getting men? - A. My business pressed me so much, I was obliged to comply with their requisition.

Q. Upon your oath, did you comply with their request from a conviction of it's propriety, or from the impossibility of conducting your business without? - A. I could not conduct my business without.

Cross-examined by Mr. Hovel. Q.Were any of the defendants in your employ at that time? - A. Yes, two of them.

Q. The present defendants? - A. No, none of these gentlemen here.

Q. Did you give your assent to the propositions relative to the out-door apprentices? - A. No, I did not.

Q. I beg you to recollect yourself? - A. I did not; I did not understand the proposals, they were unintelligible to me.

Q. Are you sure you understand me? - A. Yes.

Q.Were they sent to you? - A. Yes, in a very rough manner.

Q. Be so good as look at that? (shewing him a paper) - A. That is my hand-writing. As far as I understood it, we agreed to the proposals delivered by the pressmen to the masters, on the 10th of March last, but I really did not comprehend what they meant; I agreed to it, but I did not think it reasonable.

Mr. Knowlys. Q. Did you express any consent to this, till you were in absolute want of men to carry on your business? - A. By no means whatever.

MATTHEW BROWN sworn. - Examined by Mr. Jackson. I am a master printer; my men did not strike till the 7th of April, they left me without notice.

Q. That was after the answer of the masters had been given? - A. Yes.

Q. Do you know if any letter came to your house? - A. No; I cannot speak to that, I have every reason to believe there did, but I cannot swear to it.

Q. Did you receive any injury in your trade from it? - A. Yes; I do, at this moment.

Cross-examined by Mr. Raine. Q. I believe, after the 10th of March, a month was agreed upon for the master's answer? - A. Yes.

Q.And your men did not quit your service till that month was expired? - A. No, they did not.

Mr. Knapp. May it please your Lordship, Gentlemen of the Jury. At this late hour of the day, it falls to my lot to address you upon the present occasion, in behalf of those defendants, who are called in this indictment, and who are proved to be, journeymen pressmen.

Gentlemen, this cause has been ushered to your notice, with all the zeal and all the ability that this Court could produce; and give me leave to say, the learned Gentleman who opened this cause, has a little outstepped his usual outgoings, in his opening of this case. Gentlemen, I have attended this Court a series of years, and do assure you, upon my honour, I never heard from my learned friend, or any one in his place, a speech more inflated with a zeal borrowed from his clients, than the one with which he introduced the present cause. But I have the happiness to address twelve gentlemen, selected in the usual way, who have lent their attention to every circumstance that has been given in evidence, and given it all the consideration that they were called upon to do; and therefore, upon that circumstance alone it is, that I feel myself confident in the event of the conflict which is now before you, that it will be fortunate to the present defendants.

Gentlemen, my learned friend set out with stating to you, that he represents a body of useful and respectable gentlemen, whose zeal for the public interest is, perhaps, only exceeded by the riches they possess. Gentlemen, in what character do I appear before you? I represent a body of honourable and useful mechanics, who have a right to a claim of justice at your hands, and I am sure you will give every effect to the evidence that you can, in their favour.

Gentlemen, my learned friend has not conducted himself as he usually does in other cases, with observing upon the sort of conspiracy stated upon this record; but, I suppose, in order to inflame your minds, to lead you away from the true point in the cause, he has thought fit to state to you that which I confess I never before heard stated in a Court of Justice, that conspiracies of a nature like the present, have been examined over and over again, and sifted to the bottom for twenty years last past, in this Court and others. Gentlemen, do I deal hardly with my learned friend, when I say it is unusual, when I say it is a sort of argument, that he should not have used upon this occasion, he having introduced to your notice, that which does not belong to the cause; because he hopes, from the weakness, I suppose, of the evidence in the cause, with the assistance of the zeal that he has displayed, and observations that do not belong to the cause, to bring you to that conclusion, which I undertake to say you cannot come to after the observations that I shall make.

Gentlemen, my learned friend sets out with stating to you, that this, which is called a Friendly Society, has other objects in view, and he would insinuate, though he has not proved it, that, from the evidence that he has been given, you must come to the conclusion, that they had no other object, but that of distressing their masters, and obstructing the trade. Gentlemen, is that fair argument against honest and industrious men, who have deserved well of their masters, for that is the character given by his own master of one of them, and which I have no doubt they all possess. Gentlemen, have you lived in this great metropolis long enough to be totally ignorant, or have you lived long enough to know what the objects of a Friendly Society are, and that it is a benefit to a class of poor mechanics, who have lost their bread, and have nothing to depend upon but their brother workmen, who are earning, by the sweat of their brow, a small pittance for their families. Have not you learned, that that is a laudable undertaking, it is for the advantage of the lower order of mechanics, and if it is carried on for the purposes for which it was instituted, most undoubtedly nobody could complain of it.

Gentlemen, I hold in my hand, the articles of this society, and they are entitled, "Articles to be observed by the Society of Journeymen Pressmen, held at the house of Mr. Amory, at the Crown, near St. Dunstan's Church, Fleet-street;" and then it proceeds to state, In italicks, what is the purpose of their institution; it says, "A number of pressmen having entered into a society the better to support the trade." - Now look a little, gentlemen, do you think this society, which prosesses to support the trade, can have any idea of doing that which my learned friend would impute to them, that

of destroying the trade; but here you see their institution was for the purpose of better supporting the trade,"and those that are distressed." - Look at it, gentlemen, is it a wicked, or a criminal thing, to assist the distressed? And I am extremely happy to be able to state the humanity of these persons, that they have the opportunity and the inclination to assist their poor distressed brethren in trade. Then it goes on, that they thought it necessary to bind themselves together under the articles thereto subjoined. Gentlemen, it does not belong to my practice to state, at great length, to you, that which, perhaps, in the end, may not be very material, and therefore, I will not pursue article by article, the contents of this book; not that I could have any objection, but it would be needless to take up your time. Now, Gentlemen, look at the insinuation that is cast out; to support the trade is the original purpose of the institution, and yet my learned friend would have you believe they mean the destruction of that trade upon which they live, upon which they feed, and by which they maintain their families. But, Gentlemen, I think, when you come to draw your conclusions upon the subject, you will be of opinion, that those who wish to live by a trade, will not associate for its destruction.

Gentlemen, my learned friend begins with the meeting at the York Hotel, as if nothing had happened before. Gentlemen, had it its origin there? - Not one question to that point is put by the learned gentlemen, all three of them, anxious enough to call to their assistance both evidence that has been determined to be inadmissible, and that which has been admitted. Zeal, such as I have seen to-day, I never before saw, especially in a case where the punishment of the delinquency is to be so great, for this Court has the power of fine and imprisonment-nay, I believe, has the power of subjecting to the pillory those men who have been proved, by their own masters, to be skilful workmen, and to have conducted themselves honesty and laboriously.

Now Gentlemen, before we come to the York Hotel,(for I take it up at a date considerably antecedent to the time of that meeting), had there been any dispute in the trade? - Oh, yes, there had. - Had there been any negociation set on foot before that meeting? - Oh, yes, there had, at the Globe. - Had there been any meeting before that? - Oh, yes, there had - Why then let us look a little at the conduct of the masters, and of the journeymen. - Here are letters pass, a correspondence takes place. - The defendant, Atkinson, acted as secretary to this Friendly Society, which was a mere benefit society, and a laudable institution, and they themselves think sit to apply to their masters, and their masters afterwards send to them, giving them reason to expect and hope every thing from them, and desiring that a person from their committee, (which the masters knew had been instituted many years before), might meet themselves to take into consideration-what? - The subject matter of this conspiracy; - Oh, say they, but you call them delegates. -Why, Gentlemen, what magic is there in the word delegates? the masters desiring that a delegation from their journeymen might attend them to take into consideration the dispute between them, and see whether it could be amicably adjusted.

Now let us look what has been the conduct of these men, and see whether they have been inclined to rip up, by the roots, that trade in which they are engaged. -Why then, at the Globe meeting, you have it come out, that there was an enmity subsisting between the masters and the journeymen; that they went before the Grand Jury at the next Sessions to prefer a bill of indictment for a conspiracy; that they took up one with a warrant and committed him to prison, when there was no chance of his running away, because his family, and every thing that was dear to him, remained here; the negociation was still on foot, another meeting was desired by the masters with the journeymen, which was held at the York Hotel, and there, though not in terms, yet in substance and effect, the same conduct was observed as at the Globe. - Did the negociation cease? It did not. -There were propositions submitted, which the masters must have thought reasonable; because, no other man living, who has attended to the case, can think them unreasonable; a month was given to them to consider, and not till the expiration of that month do we hear of their taking it into consideration, or giving it an answer. During that month the men had returned to their work; and it was understood, between the masters and the men, that at the expiration of that month, there should be an end of the negociation; the masters then conceived that they were, at that moment, at liberty to take up these deluded wretches; I say deluded wretches, because they have deluded them, and made them the objects of prosecution.

Gentlemen, with what demeanour, and in what terms, did the journeymen conduct themselves in their different meetings during the negociation? - Was it in terms of enmity, or rancour; were they insolent to their masters, or did they conduct themselves as only wishing to have relief from what they conceived to be an injury, and with all the decency belonging to their character? - Why then is this to be called a conspiracy; here are invitations from the masters to settle a dispute that had been long subsisting between them. - Will you not then suppose, that these men were to consider themselves disengaged as at the beginning of the negociation; and that, upon the faith implicitly observed between them, they were not to be brought into a Court of Justice. They had, themselves, promised that no advantage should be taken of them, and that they would be their friends. Gentlemen, Is this being their friends? - Is it thus that they take no advantage of them? - It seems to me, that you will all answer in a chorus with me, that the masters have taken advantage of them; they do not think it to their interest to listen to them, and therefore they institute a prosecution. Would any of you have expected, after what you have heard, that a prosecution would have been instituted after so long a negociation? I know what your answer will be from the attention you have given to the evidence. It appears, upon the evidence, that these men have actually been endeavouring to renew the negociation, after this prosecution was instituted for this dark, this vile, this wicked conspiracy, which had for its origin to root up the trade, and destroy every thing that is valuable in our commerce.

Gentlemen, Let us go along with the masters a little further, and see what their conduct is - My learned friends thought it necessary to put them upon their character in

the world, and upon their wealth; I am not at all disposed to quarrel with their characters, or with their wealth, but, in my turn, I put my clients upon their characters. - Gentlemen, within four days of the termination of that negociation, they institute a prosecution, after the negociation had been wished to be continued on the part of the journeymen; they would not hear any thing the journeymen had to say upon the subject, but they think fit to find a bill on a Friday and on the Saturday they take up one of his Majesty's peaceful subjects upon a Bench Warrant, and imprison him till the Monday; and would have imprisoned the others, but, I believe, the truth was, that they could not find them when they wanted them; and now they make a merit of letting them be out upon bail - Is peace then all they desire, or is there not a malignant spirit that arises in their minds?

Gentlemen, my Lord, in the course of this trail, has hinted to my learned friend and me, that, with respect to the law of this case, there can be no doubt, because he says, which I admit, that, even persons conspiring among themselves to do a lawful act, is an offence that the law is cognizant of; most undoubtedly, I admit the law, as I am bound to do, when it is laid down by so great an authority. - But, Gentlemen, I do not go upon the law of the subject, except as it accompanies the fact; and I say, in order to constitute this a conspiracy, the thing itself in its origin must be unlawful, and, that they must have had an intention to do those overt acts, which it is stated they did; and if you can find that they originally intended to disturb the whole trade, and ruin themselves, it seems to me, you will be doing more injury to plain facts, than any Jury that ever sat in a Court of Justice have yet ventured to do.

Gentlemen, it may not be known to you, but it is well known to my learned friend who sits here, that, by the Charters of the City of London, if any money is given to an apprentice to do the work of a journeyman, it will break up the indentures, and both master and apprentice shall be disfranchised. Gentlemen, you will find that in an Act of Common Council, passed the eighth of Henry VIII . Now is that a reasonable sort of ordinance, or is it not? - No money was to be paid to an apprentice - Why? - Because the City of London had for it's object, to protect the trade in general, and it could not protect the journeymen while it allowed the masters to pay the apprentices that which, if it was otherwise applied, would go into the pockets of the journeymen; and therefore it ordained, that they should not have wages, or if they had, it should disfranchise the person apprenticeing, and the person apprenticed. In this case, you find that one of these gentlemen was not content with having four apprentices, but must extend the number to five, one in doors and four out - You will see, Gentlemen, also, that, by this ordinance of the City of London, they had another good object in view, they wished to ordain, that apprentices should always be boarded with their masters, because they should be under the controul of their masters, otherwise, persons of young and tender years would be liable to go astray, they would be liable to get into bad company, and commit those sort of depredations, which would make them liable to the pains of the law.

Now Gentlemen, let us see whether the mutual interests of the journeymen and masters go hand in hand, because my learned friend says, the master printers have nothing in view but the welfare, the good order, and the interests of the journeymen - their interests are inseparable - Can you say their interests are inseparable, when you see what they do, when the masters are paying to apprentices, who work out of their house, a poundage upon that work, which would otherwise, most undoubtedly, go to the journeymen? - The more out door apprentices they can get, the less journeymen they would want, and the poor class of men that I represent, would be obliged either to starve, or seek another employment; therefore it was, that the journeymen, in a decent manner, thought proper to enter into a negociation with their masters, upon the subject; and that is the crime for which these men, honest in their line of life, are called upon here to answer to day; for you to say, whether you will doom them to the horrors of the place opposite to me, or whether you will restore them to their business, and to their families.

Gentlemen, it appears in evidence, that at their meeting, the words, criminal prosecution were mentioned; nothing of a criminal nature was to be pursued against them; we will promise you not to institute any criminal prosecution; and then, like serpents, we will turn round upon you, and, as the Scripture says, out of your own mouths we will convict you.

Gentlemen, have I made fit observations upon this case; if I have, for God's sake, restore these men, that they may bring to a sense of justice their masters, and let them be put upon a footing with journeymen of every other trade and description of commerce. - Gentlemen, I wish it to be understood, that I cast no imputation upon them, but we are all liable to mistake; and I say, the masters, as a body, have been mistaken in their conduct. Gentlemen, my learned friend has made this offer, if you will return to your duty as you have hitherto conducted yourselves, and subscribe to the regulations which we have made, we will give up the prosecution. - Now Gentlemen, let us see whether justice calls upon us so to do; for if justice does not call upon us so to do, I am sure you will not. - First of all, is the desire of the journeymen reasonable or not? Is it reasonable to suppose, that journeymen, who have, many of them, perhaps, entered into the holy estate of matrimony, will submit to give up a part of their profits to younger hands, while they look upon their families, and say, we must starve. - Do I look at humane, calm, dispassionate, well-judging, minds? Am I addressing myself to Gentlemen who have been in a Jury-box, in a Court of Justice, before? Am I addressing myself to Gentlemen who feel no prejudice on either side? Am I addressing myself to Gentlemen who win, and seek for nought but justice in every verdict they give; if I am doing so,(and I have no reason to doubt it), I am sure you will be of opinion, that if this is what the journeymen ask and desire, they desire nothing more than any subject of his Majesty has a right to petition, even his Majesty himself for; they, having toiled through the most laborious part of their business, at a time of life, when many of them, perhaps, may not have youth on their side, they ask for that pittance which, by law, ought not to be given to an apprentice, and which would otherwise go into their own pockets - Is that reasonable, Gentlemen? I am now appealing to your humanity, is it reasonable, or is it not? - Now, Gentlemen, I will make them an offer - if they

will consent to limit the number of apprentices, the men shall return to their work. - It is quite beside the question, whether these men are guilty of a conspiracy or not; but as offeres are the fashion, that offer I give to them.

Gentlemen, it does seem to me, after the observations that I have made, that your verdict, if you give it for the prosecution, must be given upon this ground, that, going to bed with as peaceful slumbers as surround you each night when you do go to bed, you can believe that these men intended to limit the number of apprentices by going throught thick and thin, to make the masters do that which the prosecutors insinuate. Gentlemen, I am sure that every part of this case that has been repeated before you, has been attended to by you, with that attention, that will do honour to you so long as you live; but I will just read to you the language of the masters at the Globe Tavern; the men say, "We hope, gentlemen, you do not mean to take any advantage of us, on account of the part we have taken in the business, with a view to bring about an amicable adjustment of the dispute." In answer to which, the masters say, "No, by no means, we hope you will not think so, God forbid that we should attempt it." -Thus, you see, making an appeal to our Maker, that they would not take any advantage of it, and yet a case of a criminal nature is brought before you for your consideration. - Gentlemen, they do not stop there, but they go on to tell them that they were perfectly satisfied with their conduct, and were very happy in having met with so reasonable a set of men, telling them at the same time, that they might depend upon it they would be their friends; and yet, Gentlemen, they have done what I have described to you.

Gentlemen, I beg pardon for having detained you so long - I have made such observations as have occurred to me upon this case, and it seems to me impossible, under the circumstances of this case, for men, acting upon their oaths, to pronounce a verdict of guilty.

Summing up.

Court. Gentlemen of the Jury. The charge imputed to the present defendants, by the law of this country, is a very heinous crime, and is properly so considered, because the consequences of it must be very fatal to society; nothing can be more injurious to society, than men meeting privately to do injury to large bodies of men, therefore it has at all times been considered, by the law of this country, as a very serious offence. In the present instance, it not only affects the peace of society, but also the commerce of the country, and for that reason is punished by very severe penalties. When, on the one hand therefore, you find the interests of society affected by it, and on the other, severe penalties attached, it becomes a very serious case for the consideration of a Jury.

The learned Counsel has gone very much into the nature of the propositions made by the men to the masters, and has given you to understand that they are good and wife propositions, and that they could not do wrong upon those propositions. Now, the law is decidedly the reverse of that, for, even if you believe that they united together to do a god and useful act, the mode which they take to execute their purpose, is by a conspiracy, and that, in all the books, is held to be a conspiracy. You have had a speech from the Counsel, as if he had been addressing the House of Commons at the bar of that House upon the merits of the question. I forbear at all to go into the question, whether it is a fair or reasonable proposition; and as to the question, whether it has been an improper prosecution, and brought from improper motives. It has been proved on all hands, that a great part of the journeymen have struck; I therefore, do not think, that the prosecution brought by the masters, is to be reprobated under these circumstances; but I wish you to try this cause with all the temper you can, neither taking a prejudice in favour of the masters or of the men; while they conduct themselves peaceably and with good order in society, they are both valuable; journeymen are as necessary to the public in trade as the masters, and therefore as long as they conduct themselves with propriety on the one side, and on the other they deserve to be respected; if they do not, but go the length of offending the laws, they must take the consequence. The only question is, whether these five men have offended the law in the way that I have stated, namely, that they have conspired to injure and obstruct the trade of their masters.

In the first Count is contained a special charge, which I must say, the evidence does not prove; but I think the evidence does prove the general Count; and if that is made out to your satisfaction, it will be an offence for which they are answerable.

Gentlemen, I shall state shortly the points to which your attention ought to be directed. I think it appears by the evidence, that after the 7th of April, when the agreement was at an end, and they refused to come to terms, a great part of the men struck; now, if they did strike, that was certainly an act that tended to impoverish the trade; and if so, the next question is, whether, in consequence of any proceeding which took place by Atkinson, or any of the defendants at the bar, that took place which is stated upon the evidence; for, upon this indictment, supposing any one of them to have acted in concert with the other, the crime is made out against them. You have been told that these people have been acting as a benefit club; these men might have a benefit club, but it does not at all follow, that pursuing that benefit club, they might not do the acts stated upon the indictment; they may have taken the advantage of that meeting to apply it to other purposes, which are illegal, therefore it is for you to collect from the whole of the evidence, whether these five persons, who appear to be members of that club, did take that part which is imputed to them; and if you think you can fairly draw that conclusion, you will find them guilty; but if you are not satisfied, that there was that sort of concert, and that in consequence of their recommendation the parties struck, you will acquit them. Here the learned Judge summed up the evidence, and the Jury pronounced their verdict All five GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: s17980704-1

The SESSIONS being ended, the COURT proceeded to GIVE JUDGMENT as follows:

Received sentence of Death - 8.

James M'Nell,

John Crawford,

George Clarke ,

George Singures,

Charles Davis ,

Samuel Bamber,

Susan, otherwise Sarah Skelton.

Elizabeth Starenaugh,

Transported for fourteen years - 1. - Joseph With.

Transported for seven years - 15.

Mary Atkins,

Robert White,

Elizabeth Smith ,

Jacob Jones,

John Innes ,

Joseph Smith,

Philip Page,

Mary Evans,

William Ellis,

William Ortmandeberg,

Richard Palmer,

William Thompson,

Patrick Dasey,

Robert Lusby,

William Wilson.

Confined twelve months in the House of Correction, publicly whipped, and discharged - 2.

Richard Jackson, Samuel Scrle,

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

Confined six months in the House of Correction, publicly whipped, and discharged - 1. - Francis Payne .

Confined six months in the House of Correction, and fined 1s. - 5.

William Oakley , Mary Williams, James Baker, Charles Godsrey , Mary Mole .

Confined six months in Newgate, and publicly whipped 100 yards near his own dwelling in Golden-lane - 1.

Edward Clarke .

Confined one month in Newgate, and fined 1s. - 1. - Mary-Ann Winter, otherwise Stone.

Whipped in the jail, and discharged - 2. - John Hutt, Mary Bowmana.

Judgment respited - 6.

George Renny, Edward Atkinson, John Turk , Luke Ball, Nathaniel Lynham, John Warwick.


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