Old Bailey Proceedings, 12th September 1798.
Reference Number: 17980912
Reference Number: f17980912-1

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 12th of SEPTEMBER, 1798, and following Days, BEING THE SEVENTH 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, Doctor's 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; the Right Honourable Sir ARCHIBALD MACDONALD , Knight, Lord Chief Baron of His Majesty's Court of Exchequer; Sir WILLIAM HENRY ASHHURST , Knight, one of the Justices of His Majesty's Court of King's-Bench; Sir GILES ROOKE , Knight, one of the Justices of his Majesty's Court of Common Pleas; Sir JOHN WILLIAM ROSE , Knight, Serjeant at Law, Recorder of the said City; JOHN SILVESTER , Esq. Common-Serjeant at Law of the said City; and others, His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Gaol Delivery of NEWGATE, holden for the said City and County of MIDDLESEX.

London Jury.

Joseph Portal,

Thomas Purvis ,

Joshua Payne ,

James Abbiss ,

Joseph Sharratt ,

Charles Cooper ,

John Davey ,

Samuel Sampson ,

William Cozins ,

John Freeman ,

Robert Trueman ,

William Parr .

First Middlesex Jury.

Henry Malpas ,

John Mallard ,

Edward Chandler ,

George Clarke ,

Ralph Mills ,

Thomas Sharland ,

Edward Southbrook ,

John Eaton ,

John Nicholas ,

John Mackell ,

James Nelson ,

Alexander Henderson .

Second Middlesex Jury.

Joseph Ashley ,

Benjamin Evans ,

John Robson ,

Joseph Elwick ,

Robert Davies ,

James Nicholas ,

Francis Lye ,

John Read ,

James Chapple ,

Richard Vincent ,

Thomas Jackson ,

Robert Haydon .

Reference Number: t17980912-1

467. MARIA HESTER and MARGARET GREEN were indicted for feloniously stealing, on the 17th of May , in the dwelling-house of Benjamin Bartram , a Bank-note, value 2l. another Bank-note, value 1l. the property of the said Benjamin .

(The case was opened by Mr. Knowlys.)

ANN BARTRAM sworn. - Examined by Mr. Knowlys. My husband keeps the Castle, at Ealing : On the 17th of May, between two and three o'clock in the afternoon, the two prisoners came into our house, they were neighbours of mine; an old lady came in while they were there for change for a two pound note; Mrs. Green said, I wish that money was mine; I said, she would not be the better for that; Mrs. Green sat down by me, nearer to me than Mrs. Hester; I gave change for the two pound note, and put the note into a nutmeg-grater, there was a one pound note in it before; both the prisoners saw me put them in; I put the nutmeg-grater down upon the table where I was at work in the bar; I turned out of the bar to draw some beer, I desired my mother to draw it, and when I came back Mrs. Green ordered me to go for a slice of cheese; I left them alone in the bar, and went into the next room for the cheese; the door was so situated that nobody could have come into the bar without my seeing them; and when I came back with the cheese, they were going out of the bar-door. I did not miss the grater till an hour after, I thought I had put it in my pocket; there had been nobody in the bar but my mother; my husband came in very soon after, and I told him of it. I never found the grater, nor I should not know the notes.

Cross-examined by Mr. Gurney. Q. When was this? - A. The 17th of May.

Q. When were they before the Justice? - A. A fortnight and three days after.

Q. Your husband went to Mrs. Hester the same evening? - A. Yes.

Q. You had put the grater upon the table? - A. Yes.

Q. You thought you had put it in your pocket? - A. Yes.

Q. And it might have dropped out? - A. Yes, but that it certainly never did.

BENJAMIN BARTRAM sworn. - Examined by Mr. Knowlys. I came home between five and six o'clock, and my wife acquainted me with her loss; in consequence of that I went to Mrs. Hester, I asked her if she had seen a little nutmeg-grater box, containing a one pound note and a two pound note; she said, no, she had not seen any thing at all of it; afterwards I went to Mrs. Green, and she said, she had not seen any thing of it; the notes have never been found since.

WILLIAM FRISBY sworn. - Examined by Mr. Knowlys. I live at Kew: On the 17th of May, between five and six o'clock, I was going to Ealing, I called in at Mrs. Hester's house, and she and her husband were at tea, and Mrs. Green with her; Mrs. Hester asked me if I would tell her what value those two notes were; I took the notes of her, and told her one was a two pound note, and the other a one pound note.

Cross-examined by Mr. Gurney. Q. This poor woman cannot read? - A. No.

Q. She had received some notes, and wished you to tell her what they were, that she might know if they were right? - A. Yes.

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

Both NOT GUILTY .

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

Reference Number: t17980912-2

468. SARAH LISTER, otherwise EGERTON , and JANE WILLIAMS, otherwise HOWARD , were indicted for feloniously stealing, on the 14th of February , eight veils, value 8l. and forty lace crownings, value 6l. the property of Moses Lany , privately in his shop .

MOSES LANY sworn. - I live in Tavistock-street, Covent-garden , I keep a lace-shop . The prisoners came to my shop on the 14th of February last, about four o'clock in the afternoon, in a hackney coach; there were two ladies in the shop looking at some black veils, there was nobody to attend the shop but myself, I served the two ladies, and they went away; I had taken the veils out of a trunk where I keep my goods, the goods at that time were all smooth and right; the short one, Williams, sat down on a stool by the end of the trunk, which was shut; the other prisoner stood between me and her that I could not see what she was about; I heard the lid of the trunk open, and they seemed to be in a hurry to get away; I came round and sold them a little bit of lace, they then went away in the coach; I went to put the veils to rights, and return them into the trunk, and then I saw the goods all scattered about, and rumpled, and then I missed eight British veils made of silk, that

cost me eight pounds, and a great many crownings that are used for children's caps; there were forty or fifty of them gone, they were worth about six pounds. I saw no more of them till they came to my shop again on the 19th of July, there was another with them then; they walked in, and asked to look at some lace hanging in the window. I knew them directly; they bought nothing, and went away; as soon as they were gone, Mr. Rivett the officer came in, and I went with him and took them up, but we could not find any thing, because they gave a wrong direction.

Cross-examined by Mr. Knowlys. Q. Nothing has been found from that time to this? - A. No.

Q. When had you counted the veils over? - A. Not for some time; but I am sure they were all right when they came in.

JOHN RIVETT sworn. - On the 19th of July, I saw the two prisoners, and another woman, go into the prosecutor's shop, and come out again, and I was desired by the prosecutor to take them into custody.

Lister's defence. I am quite innocent of the affair.

Williams's defence. I am entirely innocent of it.

Lister called two, and Williams three witnesses, who gave them a good character.

Both NOT GUILTY .

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

Reference Number: t17980912-3

469. SARAH LISTER, otherwise EGERTON , and JANE WILLIAMS, otherwise HOWARD , were again indicted for feloniously stealing, on the 7th of April , two pair of silk stockings, value 24s. the property of James Lacey , privately in his shop .

JAMES LACEY sworn. - I am a hosier , in Clement's-Inn : I had four pair of silk stockings come in, on Saturday the 7th of April, from the makers; they were ribbed, and made on purpose for a gentleman. I opened them, my son was in the shop; after I had opened them, I went into the parlour to dinner; while I was at dinner these two women came in, and wanted some cotton stockings; I opened the cotton stockings upon the silk stockings; they did not buy any thing, but went away; my son and I went to finish our dinners, and when we came back we missed two pair out of the four, and we never heard any more of them till I was sent for to Bow-street.

Cross-examined by Mr. Knowlys. Q. Your son was in the shop with you? - A. Yes.

Court. Q. Could any person come in and take those stockings without your seeing them? - A. I am sure they could not.

Mr. Knowlys. Q. When were you at Bow-street- the first time these women were examined? - A. No.

Q. Did you not at first express some doubt that they were the women? - A. No, I did not; I knew them as soon as ever I saw them.

Q. You were half an hour, or an hour, perhaps, before you returned from your dinner to make up your bundle? - A. We were not ten minutes.

Q. It was some time after they were gone before you missed these things? - A. It was about a quarter of an hour.

Q. Nothing of your property was found upon them? - A. No.

Q. Has your son any share in the business with you? - A. No.

JAMES-MURRAY LACEY sworn. - I am the son of the last witness: On Saturday the 7th of April, the prisoners came in, and asked for some coloured cotton stockings; there were four pair of silk stockings upon the counter just come from the makers; we were at dinner when they came in, and they went away without buying any. When we had done dinner, we went to tie up the stockings that they had been looking at, and missed two pair of silk stockings; the servant was in the parlour, where she could see what passed; she is not here.

Both NOT GUILTY .

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

Reference Number: t17980912-4

470. SAMUEL JACOBS was indicted for feloniously stealing, on the 12th of July , forty-seven yards of ribbon, value 23s. 6d. the property of John Cotterell , privately in his shop .

HANNAH COTTERELL sworn. - I am the wife of John Cotterell , No. 82, Whitechapel : On the 12th of July, the prisoner came in to buy a yard and a half of ribbon, I shewed him a box of ribbon, I asked him eight-pence a yard; he said if I would take less he would be a very good customer; after I had cut it, he said he would not give more than five-pence, then he asked me for some more; he then wanted a black box; I shewed him a black box; then he wanted the other box back again, and he offered me five-pence again; I told him he was very troublesome, and then he went away; I suspected he had been robbing me, and I went after him up Angel-alley, I told him he had been robbing me; he said he had not, and I put my hand in his pocket, and took out four pieces of ribbon of mine.

For the Prisoner.

JOHN NOLAN sworn. - Examined by Mr. Knowlys.

Q. Was the prisoner in his sober senses at the time? - A. I think not; he behaved very indecent in the shop when I apprehended him.

Dr. LEWIS LEO sworn. - Examined by Mr. Knowlys. The prisoner has been afflicted with

lunacy several times, he has been in a state of confinement.

JOHN COLLIER sworn. - I live at Hoxton: I have known the prisoner five years, I always looked upon him as insane.

NOT GUILTY .

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

Reference Number: t17980912-5

471. JANE CURTIS was indicted for feloniously stealing, on the 3d of August , a silk cloak, value 3l. the property of John Richardson , privately in his shop .

(The case was opened by Mr. Const.)

JOHN RICHARDSON sworn. - Examined by Mr. Const. I am a silk-mercer , No. 112, Oxford-road : Mrs. Curtis, with another woman, came to my shop, and asked to look at some cloaks; I asked her the price, and she said about three pounds; I shewed her a good many, she at last fixed on one for which she was to pay four pounds five shillings; I then put it up in a piece of paper, and asked her if she wanted any thing else; and she had enough for a petticoat, cut off a piece of callimanco, that was put into a paper; I then asked her if she would pay for them, she gave me her address, and desired me to send them home, and she would pay for them in the morning; she said she was not sure whether she would have that at four pounds five shillings, or one at four pounds, but she would say in the morning; when the things were put up I thought she looked confused; I asked her again for the money, and Mrs. Hutchinson, who was with her, said, to be sure she would pay for them; I began to suspect them, but being genteelly dressed I did not like to speak to her; I went after them, and said it was a very delicate thing, but I was afraid she had something more than she ought to have; I then saw, under her cloak, my cloak, I took it from her and brought her back, and sent for a constable; she said, she hoped I would not send her to prison, and begged I would consider her situation.

Q. What is the value of your cloak? - A. It cost me three guineas and sixpence. (Produces it.)

Court. Q. How do you know that that is your cloak? - A. I know it by the number and the mark, it was the very first cloak I had shewn her; she objected to it on account of the lace being of a bad colour.

Cross-examined by Mr. Knapp. Q. You knew Mrs. Hutchinson? - A. I knew there was such a person who lives in Oxford-road, they have lived there a long time.

Q. Have you any reason to doubt that that person who was with her was the Mrs. Hutchinson who lived in Oxford-road? - A. No.

Q. The prisoner at the bar gave you her address? - A. Yes, Running-horse-yard, King-street, Portman-square; I went the same evening to enquire, and found that she lived there.

Q. Did she give you any reason why she would not pay for it then? - A. Because she had not made up her mind which of the two she would have.

Q. Did she say any thing about her husband at that time? - A. No.

Q. Did you find out who her husband was? - A. Yes, a horse-dealer.

Q. Did not he provide horses for the King's troops on the Continent? - A. I do not know; the people I enquired of said he had been on the Continent.

Q. There were a great many cloaks lying upon the counter? - A. Yes.

Q. It might have slipped down? - A. It might, but it could not have slipped under her arm.

Q. Where did you apprehend her? - A. She had not got past the window.

Q. Was not she looking at some articles in the window? - A. Yes, she was just going to move off.

Court. Q. Did you make any enquiry respecting Mrs. Hutchinson? - A. Yes; she answered the description of that Mrs. Hutchinson of Oxford-road, she wore spectacles, and is a person of very good character.

DAVID ALEXANDER sworn. - Examined by Mr. Const. I am shopman to Mr. Richardson: The prisoner came into my master's shop, she looked at a great many cloaks, she fixed upon one and ordered it to be sent home the next morning; she gave her address, she refused to pay for them, she went away, and Mr. Richardson followed her, I followed him; Mrs. Curtis and Mrs. Hutchinson were at that time looking in at the window; Mr. Richardson pulled her cloak on one side, and I saw the cloak under her arm; he brought her back, and then Mrs. Hutchinson exclaimed, oh Mrs. Curtis!

Cross-examined by Mr. Alley. Q. She was looking in at the shop window? - A. Yes.

Q. That is the way you generally bring customers in, by placing goods in the window, is it not? - A. Yes.

The prisoner called seven witnesses, who gave her a most excellent character.

GUILTY (Aged 42.)

Of stealing the goods, but not privily .

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

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17980912-6

472. ARTHUR NEAL was indicted for feloniously stealing, on the 21st of August , a wooden cask, value 5s. the property of William Gilkes .

(The case was opened by Mr. Gurney).

WILLIAM GILKES sworn. - Examined by Mr.

Gurney. I am a cooper , Old Fish-street-hill, the prisoner was my carman : On the 21st of August, I sent him to Mr. Wittey's, when he returned he brought four casks, which I saw unloaded; in consequence of some information that I had received from a witness of the name of Aldridge, I asked him how many casks he had received that morning, he told me four; I told him I had been to Mr. Wittey's, and he said he had delivered him five; the prisoner denied it.

HENRY WITTEY sworn. - I am sugar refiner, in Bishop's-court, in the Old-Bailey: On the 20th of August, Tuesday morning, about eight o'clock, I delivered five hogsheads to the prisoner for Mr. Gilkes, he purchases all our hogsheads.

WILLIAM ALDRIDGE sworn. - Examined by Mr. Gurney. I am a private in the East London Militia: On Tuesday morning, the 21st of August, I was standing opposite Bishop's-court, and saw him receive five casks; then he drove the cart till he got opposite the New Inn, he took one hogshead out and rolled it down the New Inn yard ; he then went into the public-house at the corner of the Inn yard, and staid there about twenty minutes, I knew him before; I went to his master and told him what I had seen, and we found the hogshead where I saw him roll it.

JAMES WESTON sworn. - Examined by Mr. Gurney. I am an ostler at the New Inn: On Tuesday morning, the 21st of August, the prisoner brought a cask to the Inn, and said it was for Long Jack, a man of the name of John Law , he goes by that name; he is a carman of Mr. Barvis's on Snow-hill.

JOHN WHITE sworn. - I keep the Four Kings, the corner of the New Inn gate-way: On the morning of the 21st of August, I paid the prisoner four shillings for John Law ; it has been the constant practice to pay money for Mr. Barvis's carmen.

Q. By Law's desire you paid the prisoner four shillings? - A. Yes.

Q. What for? - A. I do not know.

Q. Upon your oath do not you know? - A. No.

Q. Did John Law pay you again? - A. Yes.

Q. (To Wittey.) Have you seen the cask since? - A. Yes.

Q. Is that one of the casks you delivered to the prisoner? - A. The marks answer exactly.

Prisoner's defence. I was rather in liquor; Aldridge owes me an injury these four years, because I would not let him rob my master; I missed the hogshead before I came home, I did not know how it went.

Aldridge. Cross-examined by Mr. Alley. Q. How long have you known the prisoner? - A. A good many years.

Q. When did you quarrel last? - A. I never quarrelled with him.

Q. Did not you quarrel about some scrapings of the casks? - A. No.

GUILTY (Aged 32.)

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

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17980912-7

473. WILLIAM CATHERY was indicted for feloniously stealing, on the 16th of July , two hats, value 1l. 1s. the property of Benjamin Rankin .

BENJAMIN RANKIN sworn. - I live in Leadenhall-street , I am a hatter : On Monday the 16th of July, about three o'clock, as I was sitting in my parlour at dinner, I saw somebody run out of my shop very quick, and I was as quick in running after them; he ran up by the India warehouses, which is no thoroughfare; I took him, and found he had two of my hats upon him. (Produces them).

Q. There was nobody between you and him after he came out of your shop? - A. I never lost sight of him after I came to the shop door.

Cross-examined by Mr. Gurney. Q. When you got out how far was the prisoner from you? - A. About four yards.

Q. I should suppose, if he was the same person, he must have got farther than that? - A. No.

Q. Are there any marks in the hats? - A. Yes; I wrote Mr. Combes's name in it, it was bought by Mr. Alderman Combes's brother; I had been at work upon it not five minutes before.

GUILTY (Aged 18.)

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

[Imprisonment. See summary.]

[Whipping. See summary.]

Reference Number: t17980912-8

474. DEBORAH NATHAN was indicted for breaking and entering the dwelling-house of James Ward , about the hour of eleven in the forenoon of the 18th of August , Sarah, the wife of the said James, and others of his family, being therein, and burglariously stealing a linen apron, value 1s. and a linen shirt, value 5s. the property of the said James; and a frock, value 5s. the property of Sarah Ward .

SOPHIA FOWLER sworn. - I live with my sister, Sarah Ward , who keeps a school , No. 37, Camomile-street : On leaving the two pair of stairs room about half past eleven in the morning, I saw a room door open, the prisoner was quite a stranger to us; I found her up three pair of stairs at the foul clothes bag upon the landing, with some articles in her hand; on seeing which, I returned down stairs and informed my sister; the prisoner said she meant no harm by going there, that she had not got any thing upon her; after a short time, she enquired for Betty Lee ; she first said she was a servant, and then that she lived up three pair of stairs; we then sent for a constable, who, upon examining her, found two silver tea-spoons, which did not belong

to us; there was nothing found upon her belonging to us only the shirt and frock which I saw in her hand; the shirt belonged to my sister's husband, and the frock to their child about four months old.

Q. Was your sister at home? - A. Yes.

Cross-examined by Mr. Agar. Q. This is a school-house? - A. Yes.

Q. And the door always open? - A. Yes.

Q. She was at the clothes bag you say? - A. Yes.

Q. She had not removed any thing? - A. She was removing them out of the bag, she was in the act of taking them out; they were not quite out of the bag; she begged and intreated I would let her go, and she would never come up again.

Court. Q. How could you see them if they were not out of the bag? - A. The sleeve of the shirt was out, and the body of the frock was out.

SARAH NORTON sworn. - Mrs. Fowler called me up stairs, and I saw the prisoner there, she said she wanted Betty Lee ; when I went up stairs, I saw the apron lying upon the floor out of the bag, I had put it in the day before. (Produces the property.)

Cross-examined by Mr. Agar. Q. Is this Mr. Ward's house? - A. Yes.

Q. Has he any partner? - A. No.

-EDWARDS sworn. - I am a constable, I was sent for to apprehend the prisoner; that is all I know of it.

NOT GUILTY .

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

Reference Number: t17980912-9

475. THOMAS GRIZZEL was indicted for for feloniously stealing, on the 30th of August , a wooden firkin, value 8d. and fifty-six pounds of butter, value 2l. 2s. the property of John Bacon .

JOHN BACON sworn. - I am a lighterman , I live in Parish-street, Horslydown: I lost a firkin of butter from Temple-alley, at the bottom of St. Dunstan's-hill , a little after five o'clock in the afternoon of the 30th of August, there were twenty firkins stood in one parcel, I had one hundred and fifty firkins there; we were in the act of lading them into carts, we had landed them out of the lighter, I did not see it taken away.

WILLIAM ROGERS sworn. - I am a waterman and lighterman: I saw the prisoner go down the alley with a firkin upon his back, he went down Dice Quay, and over Smart's Quay with it; and as he came down the alley, he said to somebody, I do not know who, do not say any thing; I went and told Mr. Bacon, and then I went after him; he had pitched the firkin before I came up to him.

Q. Are you sure he was the same man? - A. Yes.

Q. Did you know him before? - A. Not till that day; he was lurking about for half an hour before.

Q. Are you sure that is the man you saw go down the alley? - A. Yes, I am very certain of it.

JOHN CLARK sworn. - I am a warterman: About five o'clock in the afternoon of the 30th of August, I saw the prisoner and another man, he was there some time; the prisoner went up the alley without any thing, and then he returned with a tub of butter, but whether this is the tub of butter I do not know.

Q. Are you sure that is the man? - A. Yes, I am.

Bacon. I am sure this is one of the firkins that I had landed there.

GUILTY (Aged 31.)

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

[Fine. See summary.]

Reference Number: t17980912-10

476. HUGH ROBINS was indicted for feloniously stealing, on the 17th of May , a cotton gown, value 3s. and a pair of cotton stockings, value 1s. the property of John Cummings ; and a pair of cotton stockings, value 1s. the property of John Smith .

The prisoner pleaded GUILTY . (Aged 38.)

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

[Fine. See summary.]

Reference Number: t17980912-11

477. SARAH BAKER was indicted for feloniously stealing, on the 2d of August , a linen frock, value 3s. and a cotton petticoat, value 1s. the property of Ann Dawson , spinster .

ANN DAWSON sworn. - On the 2d of August, I missed my little girl from eleven to five in the afternoon: My husband is a prisoner in the Fleet; and on the 7th of August, my child came into the Fleet, and said, the woman that took her frock and petticoat from her was gone into an old clothes shop, in Fleet-lane; and I went there and took her.

Q. What age is the child? - A. Between six and seven.

ANN DAWSON sworn. - Q. What is your name? - A. Ann Dawson .

Q. What is your father? - A. A hair-dresser.

Q. Where is he now? - A. In the Fleet.

Q. How long has he been there? - A. Twelve weeks.

Q. What do you know about this woman? - A. She met me at Blackfriars bridge, in the morning, and she asked me to go and buy her a halfpennyworth of cherries, and then she asked me to go and sit on a bench, and eat them; she asked me if I would go along with her; I said, yes; and there was a little chaise at the door; she asked me if I should like to have it; I said, yes; then she took me to Maze-pond , and took my frock and skirt off.

Q. How do you know the place was called

Maze-pond? - A. Because there was a gentlewoman brought me home, and she said, it was Maze-pond.

Q. How far off was it? - A. In the Borough.

Q. Who was the person that brought you home? - A. Mrs. Saunders.

Q. Did she find you there? - A. No; I went to her; she was at work at the door; I asked her if she would shew me the way to the Fleet, and she said, she would.

Q. And did she? - A. Yes; she wanted me to have some rice pudding; I said, no, I could not eat any.

Q. What did she do with your frock? - A. I do not know, I am sure; she said, she would bring me a new one, a new skirt, and a new pair of shoes; I said, I should not like to be without a frock; then she put an old handkerchief round me.

Q. What did she do when she had taken the frock and skirt off? - A. She left me at a door, in Maze-pond.

Q. (To Mrs. Dawson). Have any of the things been found? - A. No.

Q. (To the child). Are you sure that is the woman? - A. Yes.

Mrs. SAUNDERS sworn. - I live at No. 14, Little Maze-pond; my husband is a baker; I work needle-work; I was sitting at my own door at work: On the 2d of August, about half past three o'clock, the child came to me, she had been crying very much; she asked me if I would shew her the way to the Fleet; I told her, she was a great way off from the Fleet; oh dear ma'am, says she, my daddy lives in the Fleet, will you take me home to him; she had a silk handkerchief crossed over her arms, and the four corners tied behind; I asked her, if she was lame; she said, no, a woman had brought her, and took her frock and skirt off, and tied that about her, and told her, she would buy her a new one, and give her a new pair of green shoes.

Q. Did you see any thing of the prisoner? - A. No, not till I saw her in custody. I took her home, and about a week after, she came with her mother, and shewed us the door where the woman had taken her things off.

Q. (To Mrs. Dawson). What day was it you lost the child? - A. The 2d of August, about eleven o'clock.

Q. When did you see this woman after? - A. On the 7th of August, the child came to tell me, she was in Fleet-lane, at an old clothes shop.

Q. And you had her taken up? - A. Yes.

Prisoner's defence. On the 1st of August, I went to Lower-road, Deptford, and did not return till eleven o'clock at night, the 2d of August; I know no more of it than the baby unborn; my little boy is at nurse at Deptford; and Mr. Pettitt is here, I believe, who will swear that I was there all that time.

John Pettitt was called, but did not appear.

NOT GUILTY .

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

Reference Number: t17980912-12

478. RICHARD PURNELL was indicted for feloniously stealing, on the 22d of August , a silver watch, value 36s. a pair of cloth pantaloons, value 5s. a cloth coat, value 20s. a cloth waistcoat, value 3s. a pair of cotton stockings, value 2s. and a pocket-handkerchief, value 3d. the property of John Barry , and a pocket-handkerchief, value 3d. the property of Henry Prager , in his dwelling-house .

(The case was opened by Mr. Knapp.)

JOHN BARRY sworn. - Q. Are you a native of this country? - A. No, I am a Dane; I arrived in this country in the Foster-Barhan, one of the Jamaica fleet, on the 13th of August, at Gravesend.

Q. There were wages due to you? - A. Yes.

Q. Did you know the prisoner previous to that time? - No; he applied to me to lodge with him in London, and I agreed, for twelve shillings a week; I arrived in London the next day, the 14th.

Q. Did he apply to any body else to take lodgings with him? - A. He asked if there were any more.

Q. Did he come with you from Gravesend? - A. Yes, in the Gravesend-boat; I came with him to St. Catherine's.

Q. In what part of St. Catherine's does he live? - A. St. Catherine's-lane, near the river.

Q. How long did you stay at his house? - A. Eight days.

Q. Did any thing particular happen to you during the time you staid at his house? - A. He brought me into bad company.

Q. Do you mean that he introduced you to women? - A. Yes. His wife went and fetched a woman from another house, and she asked me to go home with her; I went home with her, and staid with her for five days; I slept with her five nights, and came back to his house to eat.

Q. Did you give any body a power of attorney to receive your wages? - A. Yes; I gave it to the prisoner; he asked me to give him a power of attorney.

Court. Q. How much was due to you? - A.Twenty-two pounds eleven shillings and eight pence.

Mr. Knapp. Q. At the time he made that request, did he say any thing else to you? - A. No, I do not remember that he did.

Q. After these eight days had elapsed, what happened next? - A. He cast me twenty-two pounds seventeen shillings and eight pence.

Q. Did he deliver that bill to you? - A. Yes, after he had beat me in his own house.

Q. When was that? - A. On the 22d of August; I went in the morning to the captain, and received my wages; he was at home at his lodgings in Prescot-street; then I went down to Ann Prager 's house.

Q. How came you to go to her house? - A.She was my washerwoman; she lived in St. Catherine's-square ; I asked her to go along with me and buy me some cloaths; and she said, yes, she would go, and we went along, and I bought some cloaths, and gave them to her to carry home to her house; then I went down from the top of the lane, where I bought my cloaths, to the girl again, and then Purnell's wife came in, and she said, I must come home to his house; I went home with her to his house, but he was not at home; I saw him very soon after; I went up stairs with his wife; I had eleven pounds left in Bank-notes; I gave her them; there was a five pound note among them; and then Purnell came up stairs and beat me across the nose with his fist, so that the blood sprung out; then I went down to Mrs. Prager's house; and very soon after I had got there, he came in and asked whose cloaths they were that were lying upon the table: and Mrs. Prager said, they were her's; they were tied up in a handkerchief of Mr. Prager's; then the prisoner said, I will let you know it is mine, and then he took them away; my waistcoat was lying in a chair, and my watch in it; he took the watch out of the waistcoat pocket, and he took the waistcoat besides.

Q. How were you dressed at the time? - A. I had the same jacket on that I have now; I had pulled off my waistcoat to wash the blood off of me.

Q. What did the bundle contain? - A. A coat, a pair of pantaloons, a pair of stockings, and a pocket-handkerchief, and the handkerchief that it was tied up in was Mrs. Prager's; he said, if I would go home with him, I should have my cloaths again; I did go home after him directly.

Q. What happened next? - A. I asked him if he would let me have my cloaths; he said, no, I should not have them.

Q. Did he give any reason why you should not have them? - A. No, he went out of the house directly; I asked his wife several times afterwards.

Q. But did you see him afterwards? - A. Yes, at the Flying-horse, on the 23d, opposite the Justice's office; I had applied at Lambeth-street for a warrant on the 22d in the evening to Col. Williams, and he was taken up; he came to the Flying-horse, and two or three along with him, and asked if I was going to make it up; I said, yes, I had no objection if he would give me my things; he said, not till I had paid him his bill; he said, if I would give him two or three glasses of wine, he would talk to me.

Q. Had you any other conversation with him? - A. No; then I went over to the Justice's.

Q. Did you mention at first that you had lost the goods, or did you only complain of the blow that you had received? - A. I only took out a warrant for the blow.

Q. After that you mentioned more particularly the whole of the business? - A. Yes, and then the Magistrate committed the prisoner.

Q. Have you seen the cloaths since? - A. Yes, I saw them at the Justice's, and my watch with them.

Cross-examined by Mr. Knowlys. Q. So this man brought you from on board a ship? - A. Yes.

Q. I strongly suspect he paid for your carriage to London? - A. Yes.

Q. And he occasionally lent you some money? - A. He gave me two guineas in money.

Q. Which, I dare say, you, like a silly sailor, just come on shore, spent as fast as you could? - A. No.

Q. He bought things for you, did not he? - A. Yes.

Q. And paid money for you for different things? - A. Yes, in bad company.

Q. He bought you a jacket, did not he? - A. Yes.

Q. He bought you some silk stockings, did not he? - A. No, silk and cotton.

Q. He bought you a shirt, did not he? - A. Yes.

Q. And blue trowsers? - A. Yes.

Court. What might he pay for you in this bad company? - A.Four pounds fifteen shillings, as near as I know.

Mr. Knowlys. Q. Did not he spend a great deal of money in liquor for you in your drunken frolics? - A. He paid for liquor.

Q. Then he told you, I believe, that you owed him a great deal of money? - A. Yes.

Q. And then he asked you to give an order to receive your wages? - A. Yes.

Q. By that time you had ran up a good score, had not you? - A. Yes.

Q. You were a little quicker than him, for you went and got your wages first? - A. I asked him if he had seen the captain, and he said no, he had been, and he was not at home.

Q. How much did he tell you your bill was? - A.Twenty-two pounds seventeen shillings and eight pence.

Q. It was not till after he learned that you had got your wages from the captain that he gave you that blow upon the nose? - A. No.

Q. He was very angry that you had received your wages? - A. I did not know that; he ran up stairs, and gave me a blow on the nose.

Q. Did not you take out the warrant for the

blow upon the nose, and nothing else? - A. Yes, the Justice would not hear it that night.

Q. What did you get a warrant for, for the blow on the nose, or for taking the bundle? - A. For the blow on the nose.

Q. You did not say any thing about the bundle then? - A. They said, if I had any thing more to say, I might say it to-morrow morning.

Q. You left the sweetheart he recommended to you, and went to your other sweetheart, Mrs. Prager? - A. No, she was no sweetheart.

Q. Did not you sleep there? - A. No, I did not.

Q. Upon your oath, did not he say he would take that bundle, and keep it till you paid him? - A. I did not hear him.

Q. Upon your oath did he not say he would keep that bundle till you paid him? - A. Not at that time.

Q. He took the bundle to his own house? - A. Yes.

Q. Did not he say, I will keep this bundle till you discharge my bill? - A. No, he gave it to his wife for her to lock up.

Q. Did he not tell you repeatedly, that when you paid him his bill, you should have your cloaths, and that you should not have them till then? - A. No, he did not say so that I heard.

Q. Upon your oath, did you not tell him, if he would give you your cloaths, you would give him a note upon your return from the next voyage? - A. No.

Q. There were persons there who heard you, now be a little careful; did not you tell him at the Flying-horse, that you would give him a note for the remainder of his bill, if he would give you up the cloaths? - A. He said he would not give them me if I did such a thing.

Q. When you made him that offer to give him a note for the remainder of the money, did not he refuse it, and say, he would not part with the cloaths unless you paid him ready money? - A. He did not say any thing about ready money.

Court. Q. Did he not say I must have my money, or something of that sort? - A. No.

Mr. Knowlys. Q. Mrs. Prager was by at the time he took the cloaths? - A. Yes.

Q. He made no secret of it to her, did he; he took them away before her face? - A. Yes, he took them out from under her hand.

Q. I believe the people asked you at the public-house, what you did owe him, did not they? - A. I do not remember that.

Q. Did not you say at the office that you believed you owed him eighteen or nineteen pounds? - A. No, I did not say any thing about how much I owed him.

Q. Were you never asked by any body whether you owed him any thing? - A. No.

Mr. Knapp. Q. You are sure that the prisoner took the things in the way in which you have described? - A. Yes.

Q. A great deal has been said of what passed at the Flying-horse-you were anxious to get on board a ship? - A. Yes.

Q. That was the reason you offered him the note, that you might get your cloaths, and not be detained from going on board? - A. No.

Q. What was your reason then for offering the note? - A. Because I wanted to go to see if they would let me have my cloaths.

ANN PRAGER sworn. - Examined by Mr. Knapp.

Q. Do you know the last witness? - A. Yes.

Q. You were employed to wash for him the last month? - A. Yes.

Q. Were you present at the time that he bought any things? - A. Yes; he bought a coat, a pair of pantaloons, a pair of white stockings, a pocket-handkerchief, and a watch, to the amount of 5l.; he paid for them, and desired me to bring them home to my lodgings, which I did; when I got home, I put them upon the table, and soon after he came in all over blood, and soon after that the prisoner came in; I think it was the 22d, it was on a Wednesday; when he came in, I had my hand upon the bundle; I was talking to Barry, and he came in and said, whose bundle is this? I said, it is mine; he said, I will let you know it is mine, and took it away from me; from thence he returned to the chair, and took the outside jacket that the man has on now, and put it under his arm, and then he took the waistcoat; he put his hand into the pocket, and took out a watch; he told Barry that he had robbed him, that he would have him to Newgate; upon that he went away from the house.

Q. So that these things were taken away from your house? - A. Yes; I rent the house.

Q. Is your husband's name Henry? - A. Yes; Barry then went away after Purnell; I saw them both the next day at the Flying-horse; he got abusing of Barry, and said he would have him out of the place because he was a foreigner, and he could get five pounds by him; I told him he could not, for my husband was a foreigner, and I knew better than that.

Q. Whose handkerchief was this bundle wrapped up in? - A. Mine.

Cross-examined by Mr. Alley. Q. So I understand you are an old acquaintance of the prosecutor's, but a stranger to the defendant? - A. Yes; I washed for his brother three years ago.

Q. How much money might you have spent for him? - A. I did not spend any; he laid out five pounds while I was with him.

Court. Q. Did he lay out any other sum that day while you were with him? - A. No.

Q. What money did you see besides that? - A. I saw a twenty pound note.

Q. Where was you husband when you were escorting this sailor about the town? - A. He was at work.

Q. What passed at your house? - A. Mr. Purnell asked whose bundle that was, and I said it was mine.

Q. How come you to say that it was your's? - A. The handkerchief was mine, and it was delivered to me.

Q. Did you not know that the sailor owed that poor man money? - A. No.

Q. You never heard any conversation about his owing him money? - A. No, never till after Purnell was taken.

Q. Then the prosecutor said after that, that he did owe the prisoner money? - A. He said he owed him some money for board and lodging.

Q. How much did he say he owed him? - A. I cannot say; he said, if he would give him his clothes, he would give him a note to pay the remainder of the money that he owed him upon his return from his next voyage.

Q. Did not you know you told a lie when you said it was your bundle? - A. Yes.

Mr. Knapp. Q. You had this bundle delivered to you by the poor sailor, to protect his property? - A. Yes.

Q. Your reason for so saying was, that the handkerchief was your's and the bundle being delivered into your care - Upon you oath did you yourself take any part of this poor sailor's money, or receive any benefit therefrom? - A. Yes, I sent for a pot of ale to drink, and that was all.

JOHN GRIFFITHS sworn. I am one of the officers belonging to Lambeth-street: On the 22d of August I received a warrant for an assault, and on the 23d I went down to execute it; I saw Purnell, and told him I had a warrant against him; he said, very well, he would go with me; he said, it would be more convenient to go at six o'clock in the evening, and he did come up.

Q. Then you made no search, as you had only a warrant for an assault? - A. No; the next morning I went to his house with a search warrant; I asked for Mrs. Purnell, and they told me she was in bed; I desired one of the young women to go up stairs with me; I went into the room, and she delivered this bundle up to me (producing it); I have bad it ever since.

Cross-examined by Mr. Knowlys. Q. You went in consequence of a warrant granted by the Magistrate against this man; that was for the assault only? - A. Yes.

Q. I believe Purnell knew who it was that charged him with the assault? - A. The sailor went with me.

Q. Did he then attempt to charge him with any thing else but breaking his nose? - A. No.

Q. Did not you hear Purnell mention that he had those things, and would keep them till the money was paid him? - A. I believe I heard him say he had them at home.

Court. Q. Was that before you executed the search warrant? - A. Yes.

Mr. Knowlys. Q. He made no secret of it that he had these goods? - A. No.

Court. Q. What did he say he had them for? - A. I was there but a very few minutes, and I cannot recollect what passed.

Mr. Knowlys. Q. Did you not hear him say he took them for the payment of his bill, and he would not part with them till the bill was paid. - A. No, I did not, nor any thing like it.

Q. Were you present when the prosecutor talked about giving him a note? - A. No.

Q. (To Barry.) Look at these things, and tell the jury if they are your's? - A. Yes, they are.

Mr. Knowlys. Q. Upon you oath do not you believe that that man took them for the security of his debt, though it was against your will? - A. I did not know what I owed him at that time.

Q. Did not you believe you owed him some money at that time? - A. Yes.

Q. Upon your oath do not you believe he took these things to make you pay him the money you owed him? - A. It might be.

Q. Do not you believe he did? - A. I cannot tell, I had paid him eleven pounds before, and I did not know that I owed him any more.

Q. Do not you believe he took them to force you to pay the money? - A. He might; he said he would give me the clothes when I came home; it could not be upon that consideration.

Q. Do you not believe that he took them to compel you to pay him the money that he said you owed him - Did you think he took them for any other reason? - A. No.

Court. Gentlemen of the Jury. Under the circumstances of this case, I think it is a very different thing from a larceny: to be sure this man seems to me to have behaved extermely ill, and that we shall have him here again, I think is by no means improbable; but it is your duty and mine, to keep the time between an immoral act and a felonious act, otherwise, we shall have enternal confusion, It is very clear that this man has attempted to screw as much as he could out of this poor foreigner, but the question for us to decide is, whether it was a deliberate plan from the beginning, to get his goods, or was it his intention merely to secure the payment of a very extravagant bill? - The latter seems to me to be the case; and therefore, with my utter disapprobation of the whole of the

transaction on the part of the prisoner, I think you will do amiss if you see it in any other view than as a means of extorting from this poor sailor, an extravagant bill, and that it was not a plot originally laid for the purpose of obtaining his goods. You see, when he was apprehended for the assault, he makes no secret of having these goods, but says he shall not have them till he has paid him his bill. That seems to me, very plainly, the state of the case, and therefore you will acquit him of this charge, however much you will convict him in your own minds of having extorted this money from the prosecutor.

NOT GUILTY .

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

Reference Number: t17980912-13

479. WILLIAM EAST was indicted for the wilful murder of Thomas Birdseye , on the 11th of July .

He also stood charged with the like murder, on the Coroner's Inquisition.

The case was opened by Mr. Const.

JOSEPH HARGOOD sworn. - I live at Elstree; I know the prisoner and the deceased very well; I keep the Artichoke; they were both at my house about eight or nine weeks ago, I cannot say exactly when, it was the day that Birdseye was killed; the beginning of the quarrel was, that East said he had paid some money for him, and, says he, you have never paid me; he jumped up and said, d-n your eyes, if I have never paid you, I will pay you; and then he kicked him; and East hopped about a good while before he could stand; then Birdseye took hold of East's collar, and said d - your eyes, I will fight you; East said, no, you are a better man than I, I will not fight you; and then he said, d - your eyes, you shall fight; then Birdseye threw East down, and beat him and kicked him, and used him very ill again; and said, he would serve any body the same that assisted him; then I begged East to go home, I took him away as well as I could; he went with me a little way, and then Birdseye came after him; I asked him what he wanted with him; he said, he would follow him, and d - his eyes, he would give him a good hiding before he got home.

Q. Did he mean to say, he would give him a good beating? - A. I cannot say. Then Birdseye followed him; and I know no further about it.

Cross-examined by Mr. Knapp. Q. Did you never hear of the term, hiding, before? - A. No.

Q. How long have you known East? - A. Not long; he has worked in the neighbourhood.

Q. Do you know a more quiet and peaceable man in the neighbourhood? - A. I do not know any thing about him.

Q. What sort of a disposition had Birdseye? - A. He used to be always talking about fighting, or knocking people about.

Q. Was he fond of liquor? - A. He liked liquor very well, I dare say.

Q. He had been drinking a great deal that day? - A. I cannot say.

Q. Did he use to be quarrelsome when he was drunk? - A. I saw no other by him.

JOHN PICKETT sworn. - Examined by Mr. Const. I am a labourer at St. Alban's: I was at Elstree the day that Birdseye was killed, I cannot tell what day it was; I saw the prisoner and Birdseye at the Artichoke, just as I left work, I saw them wrestling in the yard; they kicked one another several times, and then East said, I will give out, you are a better man than I am; he said he pinched him so hard he could not bear it; Birdseye said he should not give out; I saw the prisoner come out of the yard towards home, and Birdseye followed him, and then East threw a stone at Birdseye.

Q. Did you hear him say any thing before he threw it? - A. No, I did not hear him say a word; then I heard East say, I will shoot you if you follow me home to my premises.

Q. Did you hear Birdseye say any thing to him? - A. He said he would take away the stone from him if he could, that is all I heard; then East went home, and Birdseye followed him, and then East came out to the door with a gun in his hand.

Q. Where did Birdseye stand? - A. I cannot say; I did not see him shoot him.

Court. Q. How long was he at the door? - A. I cannot say.

Court. Q. How far is the Artichoke from East's house? - A. I cannot tell.

Q. Is it a mile? - A. No, I do not think it is much above half a mile.

THOMAS BEAUMONT sworn. - Examined by Mr. Const. I am a shoemaker, I knew the deceased and the prisoner: On the 11th of July, hearing a noise in the street, I looked out at my own shop-window, about three yards from East's house.

Q. How far is that from the Artichoke? - A. I think about a quarter of a mile; I saw East seemingly in a great passion, saying, if he came to his house he would shoot him; I could not tell then who it was.

Q. Who was there besides East and Birdseye? - A. There was Pickett with Birdseye, and one Hamilton, a labourer; East was first by himself, then he came to his own house, and went in at his door; he was gone in the space of half a minute, and then returned to the door with a gun in his hand, declaring that if he came there he would shoot him; upon that, he took the gun and presented it, bearing against his right hip, with one foot on the stone step, and the other in doors; then Birdseye came

up, and Pickett and Hamilton stood right in the front of him, in the middle of the highway; and one of them, I cannot say which, said shoot; I rather think it was Birdseye, he said shoot again; and then they repeated a few words of a song:"Shoot at random in a wood,"At some curious lady wheresoe'er she stood." then Hamilton said, go it; and then Birdseye made a rush, seemingly to seize the gun; with that, before he got within half a yard of the muzzle of the gun I heard the report.

Q. How did the gun go off? - A. I cannot say, I believe he had it against his hip, Birdseye fell; I saw no more then, but came out of door's to go to East's house, Birdseye was then brushing his wound, and looking at it; then he got weak, and slipped down, and called to Cowley, and said, Cowley, give me hold of your hand, for I am a dead man; then there was a cry where East was, they said he was gone out backwards through his garden, and into Mr. Berry's field; I immediately went after him, in pursuit, to take him, and when I got into Mr. Berry's field, about half way up it, I saw William East in an alley between a gentleman's pleasure ground and a nursery ground; as soon as he saw me he came towards me, and as soon as I got pretty near him, he said, I hope in the Lord I have not killed him; I immediately said, I fancy you have, or very near; but you must go back again with me, and answer for what you have done; upon which he replied, and said, I do not care where I go, or what you do to me, it was all his own act and deed, for he aggravated me to it.

Cross-examined by Mr. Knapp. Q. When you first saw the deceased he was in a great rage? - A. Yes.

Court. Q. Mr. Const, can you carry it any further?

Mr. Const. A.Certainly not, my Lord.

Court. Q. Mr. Knapp, you do not mean to say he did not kill the man?

Mr. Knapp. A. We mean to shew, by evidence, that the gun went off by accident, occasioned by the man seizing it.

WILLIAM-FRENCH COWLEY sworn. - Examined by Mr. Const. On Wednesday the 11th of July, I was standing at tea, and heard a noise in the street; I looked out, and saw East, the prisoner, go by in a passion; he swore he would be d - d to hell, if he followed him, if he would not shoot him; Birdseye then came up, with two others, and was going to turn into the Plough, but turned back again, and said, he would go and see what he would do; and then East came out with the gun, and said, he would shoot him, and he told him to shoot away; and he said he would be d - d to hell if he would not shoot him if he came near him; then there was some conversation, which I did not hear, I was at forty yards distance; and then somebody said, go it; and then I heard the report; he said to me, God bless you do what you can for me, I am a dead man; I took two small shot out of his side where the wound was; I looked after the man, and he was brought back; I asked him how he could do such a rash action; and he said, we might hang him if we would, for if he was aggravated to it, and if it was to do again he should do the same.

The Court being of opinion that it was too much to say, upon the evidence, that the gun went off by accident; and also, too much to say, under the circumstances of aggravation, that it was wilful murder; the Jury pronounced a verdict of

GUILTY of Manslanghter .

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

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17980912-14

480. JOSEPH SAMPSON and EDWARD MIDDLEMAS were indicted for the wilful murder of Joseph Leahey , on the 25th of August .

They also stood charged with the like murder on the Corner's Inquisition.(The indictment was stated by Mr. Agar, and the case by Mr. Const).

MICHAEL CANTY sworn. - Examined by Mr. Agar. I am a coal-heaver: I was at a place called the Boarded-entry, on the 25th of August, between eleven and twelve o'clock at night.

Q. State to my Lord, and the Jury, distinctly, what you saw there? - A. I was coming up from New Gravel-lane , and coming into the Boarded-entry.

Court. Q. Describe what this Boarded-entry is? - A. It is a passage into New Gravel-lane; I was coming through it, and just as I was coming up, I heard the voice of some men just before me, and I came up to them; when I got before them, I saw one man lay hold of the man's breast that was murdered, Joseph Leahey , and the other man took out a knife and stabbed him.

Q. Who seized hold of him? - A. The shortest of those two, Middlemas.

Q. Who was the man that stabbed him? - A. There he is, the tallest, Sampson.

Q. Was there any person present but those three men? - A. Not one; I came up at the time, and seeing him stab the man, I cried out that he had murdered the man; the man that held him then let him go, and ran down the Boarded-entry into New Gravel-lane; the tall man then said he would serve me the same if I did not go away; then I came up a little further, and the man that was killed got up, and went, I dare say, fifteen yards, and then he fell down against a door, and I cried out for the watch, I cried out murder; the watchman was the first person that came in, says he, who is this; says I,

it is Joe; says he, is it Joe, at No. 17, that I used to call up every morning; and I said, yes; I told him to take care of him while I went and got assistance at his lodgings; I went to his lodgings, and the landlady and another lodger came out first, and then a great many of the neighbours came out afterwards.

Q. What became of the tallest man after he had said, he would serve you the same? - A. He went down a lane to Green Dragon-alley, and I saw no more of him.

Q. What had become of the other? - A. He had run away directly, through the Boarded-entry.

Q. Where were you coming from? - A. I was coming from my uncle's house to my own lodgings, after eating my supper there.

Q. How long did he live after that? - A. He died before they got him into his own lodgings; I can take my oath that it was not above seven or eight minutes from the time he was stabbed till he died; he died in the watchman's arms, at the door where he fell down.; I do not know the person's name.

Court. Q. What was the deceased? - A. A coal heaver.

Cross-examined by Mr. Fielding. Q. What is the name of the watchman you speak of? - A. I do not know, he is here.

Q. How long did you remain with the watchman, when you were telling him what had happened? - A. Not a minute.

Q. How far was this from the lodgings of the deceased? - A. A little way.

Q. Did the watchman stay with the deceased while you went to inform the people at his lodgings, what had happened? - A. Yes.

Q. How many came out from that house? - A. I do not know.

Q. Did you lodge in the same house with the deceased, yourself? - A. Yes.

Q. How many men came out of the house at that time? - A. I cannot say.

Q. How many coal-heavers lodge in the house? - A. Six of them.

Q. Did they come out of the house immediately, upon your arrival at the door of the house? - A. I cannot say that they all did, for I did not stay at the door; I only said, Joe was murdered.

Q. How many women might come out? - A. That I cannot say; there was ne'er a woman in the house, I believe, except the landlady; the first man that came out was Cain Mahony , he was dressed; and Mrs. Donovan, the landlady, came out.

Q. Was she up and drest? - A. Yes.

Q. Now tell me who the rest were? - A. I cannot say who the rest were.

Q. Had the watchman, by that time, brought this poor man towards the door of his lodgings? - A. No.

Q. Had you come from that house in the fore part of the evening? - A. No.

Q. When you left the house, did you go back to the watchman? - A. yes; I was helping to bring him home, when Mahony and Mrs. Donovan came out.

Q. What did you do with youself when the people came out? - A.Mahony looked down, and said, the man is dead; then the rattle was sprung, and a great number of people came.

Q. To whom, of all these people, did you happen to say any thing about the transaction? - A. I told Michael Connolly of it.

Q. Did he come up in consequence of the rattle being sprung? - A. Yes.

Q. Not out of the lodgings? - A. No.

Q. Did you know him? - A. Yes.

Q. A good many coal-heavers lodge about there? - A. Yes.

Q. When these men had been spoken to, and a great number of people had assembled, did you stay there? - A. No; Mich, Conolly and I went down to the stairs, and a great many followed: we went down to the watchman.

Q. What led you down to the stairs, did you see either of the two men go that way? - A. Yes; I saw one of them going towards New Gravel-lane, and the other to Green-dragon-alley.

Q. At the time when you went down to the water-side, did you then see any body that you supposed to be the persons that attacked this man? - A. Yes.

Q. Did you yourself happen to lay hold of, or accuse, any body else? - A. No.

Q. Where had you been spending you evening? - A. I had been down to my uncle's, in Spring-street, James Leahey .

Q. Was the deceased a relation of your's? - A. Yes.

Q. What time did you come from there? - A. I left there about eleven o'clock.

Q. Did your uncle come back with you? - A. No; I came by myself.

Q. Where did you fall in with the deceased, before you had arrived at this boarded entry? - A. I never saw him till it happened.

Q. Had you been drinking there? - A. Yes; my uncle and I had had two pots of beer.

Q. Which way was Leahey, the deceased, going, when you first saw him? - A. I cannot tell, he was standing up.

Q. What sort of a place is this boarded entry, is it not covered over? - A.Part of it is.

Q. It is very dark then? - A. No, it is not; this was just by a baker's door.

Q. Tell me the first thing that took your notice as you came up to the spot? - A. I had just come up to the entry.

Q. Almost immediately upon your arrival at the place, you saw what you have described? - A. Yes.

Q. You do not know what brought Leahey there? - A. No.

Q. When you came to the water-side, did you hear of any man that had been down there? - A. No, I did not.

Q. Did you ever learn that this man had communicated to the waterman, what had passed? - A. No.

Q. How soon after this was it you saw either of the prisoner? - A. The next morning, at the watch-house; they were taken about an hour after it happened.

Q. You did not continue the pursuit, or join the party that took them into custody? - A. No; Mr. Riley came into the house, and said, they were taken. I had told the watermen, if they saw such people come that way, that they should stop them.

Q. Do you know a person of the name of Digby? - A. No.

Q. He is a baker? - A. No, I do not.

Q. Did you see any man that you accused of being he murderer? - A. No.

Q. Did you say of any man, he is the man? - A. No, to be sure; there was another man taken up next door to the Green Dragon; there was some blood upon him, and they said, he must be the man, but as soon as ever I saw him, I said, that was not the man.

Q. Did you never say to any man, that he was the man, and that you would hang him without Judge or Jury? - A. No, I did not; I said, that is not the man.

Q. How is it you receive you pay, as coalheavers - do you receive it on the Saturday night? - A. I was idle that day, I did not work that day.

Q. Had Leahey been at work on the Saturday? - A. Yes, he had.

Q. Where had he been at work on the Saturday? - A. He used to work in a constant birth.

Court. Q. How are you paid? - A. When the ship is out; she is out sometimes in three days, and sometimes in a week.

Q. When had you been at work before that? - A. I had not been at coal work that week, I was out lumping on Thursday; when we cannot get coal work, we go lumping.

Q. How long have you lived in the same place with Leahey? - A. About a month.

Q. Tell me a little more particularly of the number of persons that lodged in the house? - A. There were six, I believe.

Q. Had you not seen any thing of Leahey, or any of the parties that lodge in your house for that evening before, from eight to eleven? - A. No, I had not.

Q. In point of distance, how far was that spot exactly from the lodging where you resided with Leahey? - A. About fifty yards; I am sure it is not more.

Q. How many doors then are there between the entrance of this alley and that house? - A. That I cannot tell.

Q. So that what passed between these men and the deceased, you do not know? - A. Nothing at all.

Q. How far, let me ask you again, is it from your uncle's? - A. I do not know.

Q. You knew Leahey's voice, did not you? - A. Yes, when I came up to him.

Q. Did you approach the spot immediately? - A. Yes, I had just come up.

Q. Had you not an opportunity of following the men? - A. No; he said he would serve me the same.

Q. The first man did not say so? - A. No.

Q. When the watchman came up immediately, did you know he was stabbed? - A. I saw the man stabbed with a knife.

Q. Did not you therefore rush immediately upon him at that moment? - A. I saw the man take the knife out of his pocket, and stab him.

Q. And you did not rush upon him? - A. No

Q. And you did not attempt to seize either one or other of them? - A. No; I supposed I should be served the same myself if I did.

Q. Therefore, notwithstanding you knew the voice of your friend in this situation, and notwithstanding you saw the act of the man taking out the knife, you did not attempt to prevent the mischief? - A. I did not.

Q. Nor called out? - A. I called out murder, and called but watch at the same time.

Q. And then when the watchman came, you told him what you have told us? - A. Yes.

Q. So you stood still, and did not make the least attempt to assist him? - A. No.

Q. And you saw nothing of what happened before that? - A. No.

Court. Q. What space of time was occupied in stabbing the man - was it a minute? - A. It was done very quick.

Mr. Fielding. Q. Had you seen any thing of any stone that had been thrown? - A. No.

Q. Was not Sampson on the ground? - A. No; he was standing up.

Q. And was the deceased standing up? - A. Yes.

Mr. Agar. Q. Was there light enough for you clearly to distinguish the parties? - A.There was.

Q. Have you any doubt of their person? - A. I have not, indeed.

Court. Q. Was it in the passage itself, or was it clear of the passage? - A. It was clear of the passage, against the baker's door.

Q. Was it a moon-light night? - A. Yes, it was.

ROBERT BURTON sworn. - Examined by Mr. Const. I am a waterman; I ply at Shadwell-dock-stairs.

Q. Do you know either of the prisoner at the bar? - A. Only by seeing them that night; I carried the tallest one off that night; he came to me between eleven and twelve o'clock at night; I was smoking my pipe in the watch-box, and he came in and sat down by me, and said, he had had a rumption; he said, he had been fired at; I understood he had been fired at with shot at first, but he explained afterwards that it was with stones; he said, stones had been thrown at him; upon that, he said he bobbed twice, and they knocked the hat off his head; but, says he, I turned round and did one of them, for I whipped my knife into his kidnies; he said, it was sharp, for the had sharpened it the day before; he half opened the knife and shewed it to me; he said, there was the blood up on his hand, and he held out his hand for me to look at, and I saw the blood; he said, he stood in in his own defence, and neither law nor justice could hurt him for it; my fellow watchman was by at the time.

Court. Q. Are you a watchman? - A. A waterman; and we take it by turns to watch two and two at the stairs.

Q. Did he tell you what be came down there for? - A. He came down to go aboard a ship; he hailed the ship the Restoration.

Q. That was the ship he belonged to? - A. Yes.

Q. Do you know what he is aboard the ship? - A. They say he is carpenter ; I took him on board.

Cross-examined by Mr. Knapp. Q. The knife you say he produced to you, accompanied with the words you have stated? - A. Yes.

Q. This he did openly to you in the watch box? - A. Yes.

Q. He made no secret of what had taken place? - A. No.

Q. Had he a hat on? - A. No hat at all.

Q. Therefore to you it appeared as if there had been a scuffle, and he had lost his hat in that scuffle? - A. Yes.

Q. And he said that what he had so done, was merely in defence of himself? - A. He said, that what he had done, neither law nor justice could hurt him for.

JOHN MORELAND sworn. - Examined by Mr. Agar. I am a waterman, I ply with the last witness: On the night of the 25th of August, between eleven and twelve at night, the prisoner, Sampson, came down; I asked him if he wanted a boat; he said, no; and he began to relate that he had been very ill used by a parcel of Irishmen, and that they had thrown stones at him; that he had dropped twice from them, or else they would have felled him, and he had whipped his knife into one of their kidness; he said, he had stood in his own defence, and nobody could hurt him.

Q. Did you see the knife? - A. Yes; he pulled out his knife, and half opened it, and said, that was the knife he had done it with, and he said, there was some of the blood on his hand.

Q. Did you see the other prisoner that night? - A. Yes; after Sampson had gone home with my partner, in about four or five minutes Middlemas came up; I asked him if he wanted a boat; he said, yes; he then asked me if a young man had been down; I told him there had; I asked him what ship he belonged to; he said, the Restoration; I told him, that the young man was gone off, and that he had told me that he had had a fray with some men that had used him ill; he said, that he had been very ill used himself, and had got a blow on the side of the head himself, and was obliged to run off; I then took him on board.

Cross-examined by Mr. Alley. Q. Then I understand the account given by Middlemas, exactly corresponded with what the first man had said? - A. I had no conversation with him upon it.

Q. But though they did not come together, their account was the same? - A. Yes.

Mr. Agar. Q. Were there any marks on his head? - A. He appeared to have had a blow on the left side of his head.

Court. Q. Did it appear to be a mark of violence? - A. Yes, it appeared to be lately done.

Q. Did you observe whether the first man had any hat or not? - A.He had not.

JOHN RILEY sworn. - Examined by Mr. Const. I am an officer: On sunday Morning, the 26th of August, about two o'clock, I was called up by the watchman, and I apprehended the two prisoner between two and three o'clock; I found Sampson near Shadwell-dock-stairs, standing on shore; I apprehended the other on board the ship; I took him out of his hammock; Sampson, the carpenter, was standing with his hand in his jacket pocket; I came up to him, caught hold of his arm, took his hand out of his jacket pocket, and pot my hand in and took out a knife, which I have in my possession; then I took him to the watch-house, and a little boy with him, that belonged to the same ship; I applied to the beadle and headborough to know if there was a murder committed; they went with me to the place, and I found the man was

dead, and I then thought it proper to go and apprehend the mate, Middlemas.

Cross-examined by Mr. Fielding. Q. When you apprehended Sampson, he was standing by the ship's boat? - A. No; he was standing near the stairs.

Q. Did he tell you he had come on shore to look after his hat? - A.No, I did not ask him any question. (Produces the knife.)

JEREMIAH DONOVAN sworn. - Examined by Mr. Agar. The deceased lodged in my house; he left my house on the 25th of August, between the hours of eleven and twelve; he went out in order to get a quartern of butter for his supper; and from the time he went out till the alarm came to the house that he was a dead man. was not a quarter of an hour.

Cross-examined by Mr. Knapp. Q. You keep a lodging-house? - A. Yes, at No. 17, Ship-street, Wapping.

Q. Of course there are a great number of sailors in that neighbourhood, and a great number of coal-heavers? - A. Yes.

Q. Has it not happened pretty frequently that quarrels have happened between coal heaver s and sailors? - A. I do not know any thing about that.

Q. Do you mean to swear that you don't know that it has happened before and since this accident, that there have been quarrels between coal-heavers and press-gangs? - A. Not to my knowledge, there might for any thing I know; but I know nothing about it.

Court. Q. Were you at home the whole of that evening? - A. Yes, from five o'clock till the time it happened.

Q. How near is the Boarded-entry from your house? - A. I suppose 100 yards.

Q. Do you know of any scuffle that happened thereabouts that night? - A. No; I never was out from the time I left work at five o'clock, till the report came that he was dead, not to go 100 yards from my apartment.

Mr. YEOMANS sworn. - Examined by Mr. Const. I am a surgeon, No. 60, New Gravel-lane; I saw the body of the deceased on the 27th of August; the first wound that I examined was under the left breast; it had penetrated about two inches into the abdomen muscles, which would have occasioned his death; the next wound was in the upper part of the left thigh, near the groin, which had penetrated into the intestines; the large artery of the thigh was cut in two, and the vessels entirely empty; either of them alone must have been the cause of his death.

DAVID DUBBER sworn. - Examined by Mr. Const. I am a watchman; I was on duty near this place; I was called to the spot by Canty; I was on duty from ten o'clock at night till four in the morning.

Q. Did any thing particular happen that night? - A. When I went round at eleven o'clock every thing was quiet and still, and about half past eleven, or twenty minutes before twelve, I was coming back to my box again; my box is at Mr. Phillips's brewhouse, about 400 yards from where the corpse laid, as nigh as I can judge; when I came up to where the deceased laid, his nephew was supporting him against his knees, and when I came up to him, he was feeling about the temples and round his head to feel for any wound or blows that he had received, but he could find none.

Q. Do you mean Canty? - A. Yes; and he desired me to support him till he went to his lodgings to get more assistance; he was gone about a minute and a half, or two minutes, and there came eight or ten people, men and women, to our assistance, and while the nephew was gone, a man dragged him up to a higher part of the ground, and he exclaimed three times, he is stabbed, he is stabbed, he is stabbed; then I sprung my rattle; I went a little further and sprung it again; and then I went to Spring-street and sprung it again.

Cross-examined by Mr. Alley. Q. So soon as you had discovered that the man was stabbed, you very properly sprung your rattle? - A. Yes.

Q. If you had discovered that before, you would have sprung your rattle before? - A. Yes.

Q. The nephew was feeling over the temples for the wounds? - A. Yes.

Q. I take it if you had seen the man stabbed, you would have known where to look for the wounds? - A. Yes, but I did not.

Q. Your box was about 400 yards from the place? - A. Yes.

Q. The moment the nephew returned, there came several people, eight or ten? - A. Yes,

Court. Q. When these people came, and you supported the corpse, did these people come out before him, or did he come first? - A.They followed him to where the deceased was.

Court. Q. The people clustered round the corpse, I take it for granted? - A. Yes.

Q. Was he with them when they were dragging him to a higher part of the ground? - A. He was present then, and assisted in getting him up.

Q. Was he stripped then? - A. No further than to see the wound in his left breast.

Q. Did you hear of any riot or fighting in the course of that night? - A. No, every thing was quiet when I went round at eleven.

Q. What sort of a night was it? - A. A moonlight, clear night, and a fine evening.

Middlemas's defence. As I and my shipmate were coming from Charles M'Carry's, at near

eleven o'clock, where we had been with the shipwright to have a pot of beer, coming out I laid hold of his arm; we had not gone far, before we men a woman; the passage being narrow, he says to me, give her the wall; we had not passed far before a man came up; he asked what was the matter? Sampson said, nothing was the matter; we had not gone two minutes further, before a voice called us back to have some beer, in an Irish tone; and in about two minutes after that there came a stone, and took me on the side of the head; I called out to Sampson, by the help of God clear yourself if you can, and I saw no more of Sampson till I came on board; before I went on board, I went to a woman and told her of it; then I went back to the Boarded entry, and called my shipmate, but could not get an answer, and then I went to the waterman, and told my story, and he told me some expressions that Sampson had told him, and I said, I hoped it was not so; I am innocent of it.

Sampson's defence. I was coming with Middlemas from Mr. M'Carty's, about eleven o'clock; we laid hold of each other's arm, and proceeded to go on board; we met a woman in the passage; I said to my mess-mate, let us give her the wall; accordingly he said, certainly; she had not passed us but a little distance, when we met a man; he asked us what was the matter? I answered, nothing; my shipmate asked if there was any offence? to which he replied, none; we bid him good night, and walked on; a voice then called after us to have some beer, in broad Irish language; I said, we had had quite sufficient; then we went on but a very little distance, when we were assaulted with stones; one of the stones hit me on the side of my head; he immediately flew from my arm, and cried out, by the held of God, carpenter, clear yourself if you can: I turned round, and the stones were flying very hot; thinking my life in great danger, and thinking every moment that my brains would be knocked out, I pulled out my knife; a man immediately seized hold of me, and we both fell down, and I suppose in the fall the wound might happen; I ran away with the loss of my hat, expecting a second attack; I then went to a woman and told her of it, and she said, it was most prudent to make the best of my way aboard, and she conducted me to Wapping-wall, and then I knew where I was; I went to Shadwell, and told the waterman we had been attacked in a furious manner, and had lost my hat, and he put me off on board, and when I found the mate was not there, I was very much afraid; but I had not been many minutes on board, before he came on board; there was a boy on board that knew the place better than me, and we went on shore to look for the hat, and when we got to the stairs, the runners laid hold of us.

ANN SMITH sworn. - Examined by Mr. Knapp. I live in King-street, Wapping.

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

Q. Look at the prisoner, and tell me whether you saw either of them at your house that night? - A. Yes; the carpenter, Sampson, about eleven o'clock, went past my door, he was running, and seemed very much flurried; he asked me if I could tell where Mr. M'Carty lived; I asked whether he meant Charles or Daniel M'Carty; and he said, Charles; I asked him if he had been pursued by the gangs.

Q. Do you mean the press-gangs? - A. Yes.

Q. Are the press-gangs frequently about there? - A. Yes; we have three or four gangs about us; he said, no, I am not pursued by the gangs, but I have been fired at by the Irishmen.

Q. What did you understand by the term siring? - A. Stones, he said; he had no had on, but was in a very great fluster and flurry; he said, he wished to go to M'Carty's to see for the mate, for the was afraid he was murdered; I shut my door to, and went and shewed him to Mr. M'Carty's; he knocked at the door three or four times, but did not get in; then he asked me to direct him to the waterside; and I pointed him down King Edward-street, and he went that way, and I saw no more of him; after that, I heard the rattles.

Q. How long a time might the conversation with Sampson take up? - A. About five minutes.

Q. How long a time might it take up to go to M'Carty's? - A. It is in sight of my own house; it might take up about ten minutes altogether.

Q. From that opportunity of seeing him, have you any doubt that the prisoner Sampson is the man? - A. None.

Mr. Agar. Q. Was the street quiet before you saw Sampson? - A.More quiet that evening than it had been for a long while before.

Mr. knapp. Q. From the press-gangs, you mean? - A. Both ways.

Mr. Agar. Q. Was there any thing like a riot? - A. No.

Court. Q. How far is this Boarded entry from your house? - A.About forty or fifty yards; he told me he had come through the Boarded-entry.

SARAH CARMAN sworn. - Examined by Mr. Fielding. I am a married woman, I live in the Boarded-entry, New Gravel-lane.

Q. Do you recollect the Saturday night, between eleven and twelve o'clock, when this unhappy accident happened? - A. Yes.

Q. What part of the house, or the yard of the house, were you in at that time? - A. I was backwards chopping some wood; I heard stones and bricks fly about, and I said to my little girl, there

is somebody pulling the old house down; and then I heard something like a cane strike against the paling of the next yard to mine; directly after, in the course of five minutes, I heard a rattle; I ran out, and said, there is a fire some where, and I saw a great number of people collected at a little distance and they said it was somebody killed; a woman made a great noise, and said it was the baker, Mr. Digby, and his two women.

Court. This is merely the conjectures of the people.

Cross-examined by Mr. Const. Q. The stones that you speak of, that made you think somebody was pulling the house down, made a very violent noise? - A. Yes.

Court. Q. Was this in a place called Spruce's-island? - A. Yes.

Mr. Const. Q. The night was very still before you heard this noise? - A. Yes.

Q. And that noise was very violent? - A. Yes.

Q. Such as to be heard at a great distance? - A. It might be heard by the neighbours about.

ISABELLA DOUGLAS sworn. - Examined by Mr. Alley. I live in New Gravel lane; I know the place where this unhappy accident took place, I was standing at the door when Middlemas came to my door in great haste, it might be about half past eleven o'clock, he told me he had run for his life, and was almost murdered; he lifted his hat, and ordered me to feel his head; his head was in a great flutter, and his pulse beat very high; I was afraid I should put my hand upon some wound, and I did not put my hand any further; he said it was down that alley, that he had been almost murdered; and he said, he had a partner, that he had lost his partner, and did not know whether he was murdered or not; he went from the door to the Boarded-entry to look for his mate, and he called upon his name three times, Joe, and there was no answer made, and I saw no more of him.

ANN BROWN sworn. - Examined by Mr. Knapp. I live in Spruce's-island, No. 5.

Q. Do you remember the night when this unfortunate accident happened? - A. Yes, the 25th of August; I went home when it wanted about a quarter of twelve, or not so much; I was alarmed by the throwing of one stone only, as I thought then, but the next morning there was no appearance of stones, but there was as many pieces of bricks as would half sink a pail; after I went into my house I heard a scuffling, and a number of more bricks thrown.

ANN SIMPSON sworn. - Examined by Mr. Fielding. Q. Do you remember the night of this unhappy accident? - A.Perfectly well.

Q. Between eleven and twelve o'clock did you happen to be looking out at you window? - A. Yes.

Q. How far was this from the Boarded-entry? - A. A very short way from where the accident happened; I heard a quarrel.

Q. Did it appear to you that there were any stones or bricks thrown? - A. A vast quantity indeed.

Court. Q. At what time of night? - A. I think it might be near the hour of twelve I heard the quarrel; at the first of it between eleven and twelve; most of the language was Irish, which gave me little concern, because it is a usual, thing that I am accustomed to in that same track; I threw my window up, I heard a man that ran call out, with a loud voice, clear yourself, carpenter, if you can; instead of the carpenter getting clear, he went into a strong bustle, which continued about the space of two minutes, as if they had hold of each other, while the brick-bats were going very fast; then I heard them go to the ground, but in what manner I do not know; then one with a loud, and a hard voice, called out, oh Lord! Lord! Lord!

Q. At this time were there any other brick-bats thrown? - A. I then heard different feet run; I saw the carpenter run past my door; I heard the deceased and the carpenter both upon the ground.

Court. Q. You could not know that? - A. I heard them fall.

Cross-examined by Mr. Const. Q. This took a considerable time then? - A. Yes; from the time the carpenter run it might be the course of five minutes.

Q. How long do you think the whole transaction might take? - A.From the time I paid attention it might be between six and seven minutes.

Q. And, from the noise of the brick-bats, there was quite a riot? - A.A perfect riot.

Q. The night was still till this commenced? - A Yes; I heard a voice say, it is you, you bl-y b-r, that has done it, and I will have you hanged without Judge or Jury.

Q. You do not know who it was said so? - A. No.

Q. A great many other people were by at this time? - A. Yes.

Q. When did you first state what you have now stated? - A. I told it to several of the Jury.

Court. Q. Did you hear the rattles go? - A. Yes; but that was after this had happened.

JOSEPH DIGBY sworn. - Examined by Mr. Alley.

Q. Do you remember the day when this unhappy accident took place? - A. The 25th of August; I live in the Boarded entry, New Gravel-lane.

Q. Repeat to us what you observed of the transaction? - A. When this accident happened I was backwards in my kitchen at supper, I came into my bake-house and heard a great noise.

Court. Q. What time of night might that be?

- A. A quarter before twelve; I opened the door and went out, and I saw several people assembled together; there were two women caught hold of me by the arm, and begged me to look at the deceased.

Q. Did you hear any body else accused of having committed this murder? - A. No; I went and looked out at the window, and then came back again; after I was in bed, there came a great number of persons making a noise with sticks, beating against my window.

Cross-examined by Mr. Const. Q. That was after the person was dead? - A. Yes.

Q. Did you hear the rattling of sticks before that? - A. No.

Mr. Alley. Q. I understood you to say, that before you heard the riot you were in the bake-house? - A. Yes; I went out immediately.

Court. (To Simpson.) Q. The watchmen's rattles went after this affray that you speak of? - A. Yes.

Q. Did the people continue there after the watchmen's rattles went? - A. Yes.

Q. Did you see the watchman himself come up? - A. No.

EDWARD DAVIS sworn. - Examined by Mr. Knapp. I live in Ship-street.

Q. Do you remember the night this took place? - A. Yes.

Q. Were you apprehended and taken into custody for this murder yourself? - A. Yes, by the mob; I was looking out at my window at the time.

Court. Q. At what time of night did they commit that mistake? - A. About half past eleven.

Court. (To Sarah Carman.) Q. You described bricks to be flying about, and the noise of a stick, was that after or before the watchmen's rattles? - A.Before.

Q. How long before? - A. It was over in the course of five minutes.

Q. (To Ann Brown.) Did you hear the watchmen's rattles? - A. No, I was afraid to look up.

THOMAS MASTERLY ROCKWOOD sworn. -The prisoner, Sampson, sailed with me eight months, four years ago; he is of a perfectly humane, kind disposition; there is nothing ferocious or savage about him.

Court. Q. (To Carty.) If I understood you right, you said, you were coming from Gravel-lane to this entry, and heard the voice of men; you saw one man have hold by the breast of another man, and a third man took out a knife, and stabbed him? - A. Yes.

Q. And that Middlemas was the man that held him, and Sampson the man that stabbed him; and, that no other person was present? - A. No other person.

Q. Was it like the voice of men quarrelling? - A. They seemed to be quarrelling.

Q. Did you see any scuffling between them at all? - A. No, I did not.

Q. The one was not struggling with the other, or shaking him, or any thing of that sort? - A. No.

Q. Where was Sampson standing, at the time that this man had hold of the other? - A.He was standing by the pales, about half a yard distance.

Q. Nor you did not hear any quarrel afterwards? - A.No.

DURHAM WALKER sworn. - Examined by Mr. Knapp. I am master of a ship: I know the prisoner, Sampson; I have known him from ten years of age, he always bore the best of characters; he is a very humane man, and a sober man.

Q. Was he of a savage disposition? - A. No; he is a married man, and has a family.

LOCKWOOD BRODERICK sworn. - Examined by Mr. Knapp. The prisoner, Sampson, served me three years, as a shipwright; he is of a very good, humane disposition.

ROBERT STORMONT sworn. - Examined by Mr. Knapp. I have known Middlemas seven or eight years; he is of a very mild disposition.

Sampson, GUILTY of manslaughter .

Middlemas, GUILTY of manslaughter.

Fined 1s. and discharged.

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

Reference Number: t17980912-15

480. JOHN SYMONDS, otherwise called the OLD RUFFIAN (not in custody), JOHN BARTHOLOMEW , and RICHARD KNIGHT , were indicted for the wilful murder of James Haves , on the 13th of January .

They also stood charged on the Coroner's Inquisition with the like murder.(The indictment was stated by Mr. Watson, and the case opened by Mr. Const.)

ANN MARSHALL sworn. - Examined by Mr. Watson. I keep the Thistle and Crown public-house, at Charing-cross .

Q. Do you recollect the prisoners at the bar? - A. Yes. On the 13th of January, about six o'clock in the evening, they came into my house, with Symonds, and one sharp.

Q. Be so good as state to my Lord, and the Jury, what passed, when they came into your house? - A. I was at tea in the bar with another young woman; Bartholomew came into the bar, and asked if he could sit down there; I said, they might; and they all three sat down in the bar, and a lifeguards-man, of the name of Sharp, sat down with them; they then called for some porter, and some gin and water, and some bread and cheese; they had it; they sat there for some time, till very near nine o'clock in the evening; I then had occasion to go up the yard, to light a person out, with a candle;

when I came down the yard, the candle went out, Wilson, the soldier, that was quartered at our house, was standing making water before me in an indecent manner, I did not observe it myself, Symonds was behind me, I did not know it; Symonds said, it was a very indecent manner for him to stand in; Wilson and Symonds then went into the parlour, and wanted to fight; the two prisoners were then in the bar; I went into the parlour, and said, for God's sake, do not fight there; I then fell into fits, being frightened, and they took me into the bar; it was as much as five or six people could do to hold me; after that, Wilson and Symonds went out of the house to drink together somewhere; they came in again, and Symonds came into the bar to his other company, they had been gone about ten minutes or a quarter of an hour; then they sat down drinking again in the bar; the quarrel then seemed all made up entirely, and they all three called Wilson into the bar, several times, to drink with them; he went in to drink with them, and then went into the kitchen to his comrade, Wakefield, who was quartered with him, and this old sailor , Hayes, was in the kitchen; they all three sat drinking till half past eleven o'clock; I then said, it was time to go to bed; Symonds then went into the kitchen, shook hands with Wilson, and said, all is made up, is not it; and Wilson said, yes, it was; Bartholomew was then sitting in the chair in the kitchen, he then jumped up and said to Symonds, who was with my two soldiers, chiac, you take one, and I will take the other.

Q. Was this exactly at the time that Wilson and Symonds were shaking hands, and said, it was all made up? - A. Yes.

Q. Where was Knight, the other prisoner, at that time? - A. In the bar. I then said, to Wilson and Wakefield, there has been a piece of work in the beginning of the evening, now you had better go to bed; Knight then jumped up, and held the kitchen-door; the kitchen-door, and the bar-door are near together, and through that door was a way for them to go up to bed.

Court. Q. Wakefield and Wilson had not then moved to the door? - A. No. I said, to Knight, why should you hold the door, to prevent them from going to bed; then Bartholomew knocked down Wakefield, and Symonds knocked down Wilson, the other soldier; and the sailor, the deceased James Hayes , was coming across the kitchen to the bar, I suppose, to get out of the way of the skirmish, and he knocked him down; he had lodged in my house four months; he had been sitting in the kitchen, at the further end of the dresser.

Court. Q. Had he interfered at all in the quarrel? - A. No, he had not said a word; Symonds hit him with his double fist in the stomach, and knocked him back against the wooden knob of the door, and hit him and kicked him about several times after he was down.

Q. At that time, had the deceased said any thing, or attempted to do any thing towards this man? - A. No, not at all.

Q. During the whole of this transaction, where was Knight situated? - A. He continued keeping the door all the time; Wilson and Wakefield bled a great deal.

Q. Were they upon the ground at the time that Symonds struck the sailor? - A. Yes, they were in liquor, and the blow had stupified them so, that they were not able to get up.

Q. About what age was the deceased? - A. Near 60, I suppose.

Q. Was he or not of a quiet, peaceable disposition? - A. Very much so, indeed.

Q. The deceased was knocked down and trampled upon - was that what became of him? - A. All the three men ran away, the two prisoners at the bar, and Symonds, without paying the reckoning, and the two soldiers and the deceased got up soon after.

Q. Do you know how long the deceased lived after? - A. Yes; they all three went to bed; he got up on the Wednesday morning and went about, but complained that he was very poorly, and the next day the same, and on the Friday he went for me to my brewer's, at Pimlico.

Q. Did he complaint of any part in particular? - A. I did not hear him complain of any part in particular; when he came back from Pimlico, I asked him whether he would have a glass of gin or a pint of porter; I had left him some Irish stew for his dinner, and he chose a pint of porter; after that he took a trunk to Clare-market; he came back about nine in the evening, and had a pint of porter, and while he was having his porter, he said, he was very sick; I said, Hayes, do not be nasty, to spit the blood about the floor, you had better go up stairs to bed; I sent somebody up stairs with him, and they came down, and said he was very bad indeed, and I sent for a surgeon to him; the surgeon told me I must take particular care of him, and keep him quiet; I left people in the room with him; about three o'clock on the Saturday morning he was very bad indeed, bringing up blood; I then sent for the surgeon again, and the surgeon said it was of no use to send any thing for him, for he was a dying man, and he died about half past six o'clock that morning; he was very sensible, called me by my name, and told me how hard he died.

Cross-examined by Mr. Knowlys. Q. You had known Bartholomew before some time? - A. Yes.

Q. He had done business at your house as a recruiting serjeant ? - A.Sometimes he did.

Q. He had done business there that day? - A.He came to settle with captain steele, I believe.

Q. And when he came, he came in company with these two men, Symonds and Knight? - A. Yes.

Q. You say every thing went on very well till Wilson had been guilty of this indecency towards you? - A. Yes.

Q. You were a good deal shocked, I believe, at the indecency of Wilson's conduct, in the presence of a decent woman? - A. Yes.

Q. And upon that Symonds was very angry, and that began the quarrel? - A. Yes; Bartholomew had often used my house, but I never saw any thing amiss of him; Knight and Symonds I had never seen before, but one evening I saw Knight when I buried my husband, about a month before.

Q. Wakefield was the comrade of Wilson? - A. Yes.

Q. Therefore they sat together as friends, and a party of their own? - A. Yes, with Hayes, in the kitchen.

Q. The soldiers were both in soldier's clothes? - A. Yes.

Q. Hayes was very quiet, and took no part at all in the business? - A.None.

Q. He was a sailor? - A. Yes.

Q. At eleven o'clock, when they were going, the expression of Bartholomew to Symonds was, you take one, I will take the other? - A. Yes.

Q. You say Symonds attacked one soldier, and Bartholomew fought the other soldier? - A. Yes; Knight did not strike any of them, he was holding the door.

Q. Therefore the two persons selected as combatants were the two soldiers, Symonds taking one, and Bartholomew the other? - A. Yes.

Q. You say now, and have always said, that with respect to any ill usage given by Symonds to poor Hayes, Bartholomew took no part? - A. No, he only fought with Wakefield.

Q. At the time Symonds knocked down poor Hayes, he took no part whatever in it? - A. No.

Q. I believe captain Steele called to know if Bartholomew was there to settle the account? - A. No, not to my knowledge.

Court. Q. How is the bar and the kitchen situated? - A. The kitchen and the bar are together.

Court. Q. Must Hayes necessarily pass that door to go to the bar? - A. Yes; he had just got to the door when he was knocked down.

Q. Then probably if the door had not been shut, he might have got out that way? - A.Certainly he could.

Q. And of course that would have been his shortest way to get out of this affray? - A. Certainly it would.

Q. However, from the dresser he was coming towards the door, and towards the bar? - A. Yes.

HANNAH TAYLOR sworn. - Examined by Mr. Const. I was at that time an assistant to Mrs. Marshall.

Q. Do you recollect the two prisoners, with Symonds, coming to your house? - A. Yes, they came in about six o'clock in the evening, and they staid drinking till about nine in the evening very comfortably; Mrs. Marshall went up to light somebody out, and as she came back the candle blew out; one of the soldiers was standing very indecently before Mrs. Marshall; Symonds was behind her, and talked to him very much for standing in that manner; many words ensued, he was going to fight Wilson; Mrs. Marshall was very much frightened, and went into fits, and when the Russian, Symonds, saw that, he was very sorry, and made it up with Wilson, and they came in and drank together, and were very comfortable; it was all made up till twelve o'clock, when the two soldiers were going to get up to go to bed; Mrs. Marshall and I wanted them to go to bed, but Wilson was very much in liquor, and he stood equivocating and talking with Symonds, but not quarrelling; Symonds said to him, will you go to bed, or what do you want, or will you fight? no, says Wilson, I do not want to fight; Symonds laid hold of his hand when he stood at the bar door, and while he had hold of his hand, he said, d-you, what will you have now, I will fight you now; Bartholomew, the prisoner at the bar, then got up, went forward, and struck Wakefield, one of the soldiers, two or three times.

Q. Before he struck him, did he say any thing? - A. He said some phrase or word which I did not understand, like chiac; then Symonds came out of the bar and struck Wilson.

Q. What was the consequence of these blows? - A. Wilson and Wakefield both fell on the ground; I did not know that the blows being so rapid was the reason, but they were so in liquor, that they were not able to assist themselves.

Q. Did you see Knight do any thing at this time? - A. He did not strike any body; he shut to the door, but with what intention I do not know.

Q. These men then were lying on the ground? - A. Yes; then Hayes was coming across the kitchen to get into the bar, for fear, I suppose, that he should get hurt, and as he came across the kitchen, he unfortunately received a blow or a push, and fell down.

Q. In the course of the night, had you any conversation with Knight? - A. Not particular, several words passed; I heard him say, that in the course of the evening there might be a fight, or he

dare say there would be a fight; I think he said, he dare say there would be a fight.

Q. Where was he when he said that? - A. In the bar.

Court. Q. How long before the blows were given was it that he said that? - A. In the evening, after the quarrel was made up, while they were friends, and drinking together.

Q. Did Hayes complain much? - A. He laid a bed part of the next day, and when he got up, I asked him how he was, and he rather complained of his head; on the Thursday and Friday he was very well; he went to Pimlico on Friday, and came back and eat a very hearty dinner, but about nine o'clock in the evening, and from that time till past six in the morning, when he died, he scarce ever ceased vomiting.

Cross-examined by Mr. Gurney. Q. Had Wakefield and Wilson been quarrelsome in the former part of the evening? - A. No.

Q. The only provocation came from Wilson's indecent behaviour to Mrs. Marshall? - A. Yes.

Q. They had never spoke at all to Hayes? - A. No.

Q. And all the fighting began with Wakefield, and Wilson, and Bartholomew, and Symonds? - A. Yes.

Q. Hayes was no party in the fighting? - A. No.

Q. On Thursday and Friday he was very well? - A. Yes.

QUINTON WILSON sworn. I belong to the Coldstream regiment of guards; I was quartered at the Thistle and Crown, Charing-cross.

Q. Do you recollect the two prisoners at the bar coming to the Thistle and Crown on the 30th? - A. Yes.

Q. What time in the evening did you first see them? - A. I cannot recollect.

Q. Do you recollect either of them speaking to you when you were in the yard? - A.No, neither of the prisoners, Symonds did; he chastised me, as he said, for making water in an improper manner, and wanted to quarrel with me.

Q. Did he quarrel with you? - A. No, there was no dispute at that time, it was all settled till such time as I was going to bed.

Q. What passed at the time you were going to bed? - A. He came out of the bar, and asked me to drink.

Q. Who was with you in the kitchen? - A. My comrade, Wakefield.

Q. You knew the deceased, Hayes? - A. Yes, he was in the kitchen, at the further end of the dresser; I told Symonds I did not wish to drink any more; Symonds said, he hoped there was no animosity; I said, no, I never had any animosity to any man; then he asked me to shake hands, and bid me good night, and then he knocked me down, and after that I never saw what passed; when I came to myself, they were all gone.

Q. Just before Symonds knocked you down, did you see or hear any thing? - A. No.

Q. Did you hear nothing said? - A. No.

Q. Did you see the situation of Knight? - A. No.

- WAKEFIELD sworn. I belong to the Coldstream regiment of guards; I was billetted at the Thistle and Crown on the 30th of January; on the evening of that day the two prisoners and the Russian came in, and were drinking the greatest part of the afternoon; I do not recollect what time they came there.

Q. Do you recollect Wilson going out into the yard? - A. I heard some dispute between Wilson and the Russian; they were drinking in the bar, and my comrade, Wilson, drank along with them some considerable time, and they had a dispute several times over and over, and at last they made it up together; then Mrs. Marshall wanted us to go to bed; we had a candle in our hands to go to bed, and Wilson and Symonds were shaking hands together, and seeing there was no animosity between either one or the other, and then he knocked Wilson down, and Bartholomew knocked me down.

Q. Did Symonds knock him down immediately after they had declared there was no animosity? - A. They were hand in hand at the time, shaking hands.

Q. Did you hear any thing said just before that? - A.No.

Q. Did you observe the situation of Knight just at that time? - A. No.

Q. After you were knocked down, were you able to discern what passed? - A. No, I bled very much, and was senseless.

Q. Did you know before this where Hayes was in the kitchen? - A. He was sitting at the time I saw him in a chair by the fire.

Q. Did you see him rise to pass along the kitchen? - A. No.

Cross-examined by Mr. Knowlys. Q. Bartholomew knocked you down with a blow of his fist? - A. Yes.

Q. Not with a stick? - A. No.

Q. A fair boxing blow? - A. I cannot say as to that.

RICHARD JACKSON sworn. - Examined by Mr. Const. I am a surgeon: I was called in on the Friday, about ten o'clock in the evening, to see James Hayes , who, they said, was dying from a vomiting of blood; I found he had vomited a very large quantity, from which he appeared very low and saint; Mrs. Marshall informed me he had had a blow in the stomach; he said, he had been very

much abused, but did not say by whom, but put his hand up to his left eye; after desiring him to be kept quiet, I went home to prepare some medicines for him; about three I was called to him again, and found he had vomited a great quantity more of blood; I went to him, and found he was a dying man; I was present afterwards at the opening of the body; I examined it, and found a discoloration upon one of the smaller intestines, and another upon one of the large ones; the liver was of very extraordinary appearance, and the right kidney was much larger than the left, and of a soft, pulpy seel, with a perforation in it, and in the abdomen, I suppose, pretty near a pint of fluid, which indicated that the man, had he lived, might have become dropsical; we opened the thorax, and found the lungs adhering very strongly to the adjacent parts; we opened the stomach, and found it inflamed; we found also about three or four ounces of blood some what coagulated; we were at no loss of judge from whence that proceeded.

Q. From whence do you suppose that proceeded? A. From the stomach.

Q. Were you able to trace the cause of his death to any particular injury that he had received? - A. I understood he had received his blow three days before; the stomach had been in a very unhealthy state before that, and therefore not able to bear the blow.

Court. Q. Do you think that such a blow was the cause of death, the stomach not being in good order? - A.Certainly; it is very clear that the stomach could not have received such a blow, without producing very great mischief.

Q. Do you think the hemorrhage proceeded from the blow? - A. I cannot pretend positively to say that; that is more than I can say; the external appearances were, a confusion upon the left eye, one upon the right ear, and a considerable one on the side.

Court. Q. From the appearance of the body, was there any thing that should lead you to suppose the man would have died in three days, if he had not received that blow? - A. That is impossible for me to tell.

Court. Q. What do you think would be the effect of such a blow upon an unhealthy stomach? - A.It might have caused death or not.

Court. Can you say that the hemorrhage proceeded from the blow? - A. I cannot.

Cross-examined by Mr. Gurney. Q. You say that the rupture of the blood vessel might or not proceed from a violent blow? - A. Yes.

Q. It might proceed from carrying a weight, or over much exercise? - A.It might

Q. There was not the least outward appearance of a blow upon the part? - A. Not the least.

Q. Therefore you cannot decide with certainty that the rupture of the blood vessel was in consequence of the blow that he had received? - A. There is no doubt but a blow may produce it.

Court. Q. A. violent blow upon a diseased stomach might produce death? - A. Yes.

Court Q. But whether it is so in any particular instance, it is very difficult for you to say? - A. It is.

RICHARD SIMMONDS sworn. - Examined by Mr. Const. I was called in, on the 5th of February last, to examine the body.

Q. Be so good as state to the Court what was the condition of the corpse? - A. There were several bruises in different part of it; there was one on the right side of his neck, his left eye was bruised, and his loins were bruised, I did not see any other external marks; I proceeded to open the body immediately; I found that the small intestines were discoloured, as though they had received some violence; there was likewise discoloration of the large intestine; I then examined the different vessels, and in the stomach I found a very considerable quantity of blood; this man's viscera, independent of this, was in a very diseased state; he had a considerable quantity of water in his belly, as though a dropsy had begun to take place; but I have no doubt that he died from the hemorrhage in the stomach; I found also, that the right kidney was larger than the left.

Q. In your judgement, from what caused did that hemorrhage proceed? - A. I could not have conceived any cause whatever, unless I had been told that he had received a blow.

Court. Q. Will a violent blow on the stomach produce a hemorrhage? - A. Undoubtedly.

Q. What was the cause of the kidneys being one larger than the other? - A. That I take not to have originated in a recent cause, but in an abscess, I should suppose, of long date.

Cross-examiend by Mr. Knowlys. Q. No doubt a man may die of a rupture of a vessel, without having received a blow? - A.Undoubtedly.

Q. Did not the extremely diseased state of that body exhibit an appearance very liable to ruptured vessels? - A. yes.

Q. Before the Coroner, did you at all say, that you absolutely affixed it to any cause arising from the blow? - A. Yes, surely I did.

Q. Did you not say, it arose from an inflammation? - A. Yes, occasioned by the blow.

Q. Supposing he had carried a heavy weight, do you think that might not have produced a rupture of the vessel? - A. Certainly; I think it was a very improper think for him in the diseased state of his viscera, it might have accelerated the circulation so much, as to have brought on an hemorrhage.

Q. But do you not believe; that carrying a heavy weight, on the Friday evening, might have caused that hemorrhage? - A. Yes.

Q. For instance: the carrying a heavy weight from Charing-cross to Clare-market would increase the danger? - A.Certainly.

Q. And more particularly if this same unhealthy man had walked from Charing-cross to Pimlico, and back? - A.Certainly; that would add to the liability of a ruptured vessel.

Bartholomew's defence. My Lord, we are totally innocent of the charge; the deceased I never saw in the course of the evening at all; and when he was struck, I never saw him struck at all.

Knight's defence. I went in to ask for Bartholomew, and they said, he was up stairs, with his officer, and I waited for him; Mrs. Marshall went to light the officer out, and Wilson was standing in a very indecent way, and Symonds and he stripped to fight; I fetched Bartholomew down to prevent them, and then they made it up; I said to Miss Taylor, in the evening, I would lay a wager they would fight yet, before they went to bed, for they seemed rather quarrelsome all the evening; and then, at night, when they did fight, I would not let Mrs. Marshall go in among them, because she had been in fits at only hearing them talk of fighting, and as they were going to fight I told her she had better let them fight it out.

Mr. Knowlys. My Lord, I have an objection to take, which, perhaps, I ought to have taken before.

My Lord, I take it, that wherever death is charged, as happening in the prosecution of an illegal act, to which the parties then before the Court are alledged to have been present, aiding and abetting, it must appear most strictly in evidence, that it arose from the very individual act in which those persons charged as aiders and abetters were then engaged, and from no other act whatever; though it might happen at the same time, it might not be the immediate and necessary consequence of that act in which they were engaged.

My Lord. There are certainly a number of cases to fortify that position, the principle has been adopted, and has never been disputed; I apply the principle this way. It stands, prima facie, in evidence, that these two parties did agree, at the house of Mrs. Marshall, to engage with two soldiers, one of them saying, you attack one, and I will attack the other; and that, in consequence of that, each of them took his man, and did attack him; that is certainly an illegal purpose, in which these two men, Bartholomew and Knight, were engaged; one of them actively, and the other being present and approving of it, while the other man, Symonds, was engaged in his part of that illegal act; but I submit to your Lordship, taking it upon this evidence, that for nothing corollary to that act are they answerable. Now, if the man with whom Symonds was engaged had died by the bruises which Symonds inflicted upon him, I mean Wilson, I cannot say that Bartholomew would not have been answerable for his share in the homicide of Wilson. I do not mean to put that - I think he would. But, my Lord, I take it, that the attack upon Hayes was perfectly unknown both to Bartholomew and Knight, it was a thing not in their contemplation at the time that the violation of the law first took place, as I think appears most clearly upon the evidence; for after Bartholomew has mastered his man, Wakefield, he desists, and does not take up the other man to whom Symonds was opposed; he takes no share in Symonds's part as against Wilson, but confines himself to his man, each of them selecting his antagonist, and each beating his antagonist; there Bartholomew stops, and goes no further. Unfortunately, this man Symonds, whose bad blood was roused by his success against Wilson, chuses to transfer the purpose with which they originally set out, namely, as a combat as between Wilson and him and as between Bartholomew and Wakefield, he chuses to transfer his purpose to another person, perfectly unknown, as I contend, upon this evidence, to Bartholomew and to Knight; - Hayes is not present as taking a share in the combat, either to part them, or at all interfering with Symonds, he having mastered Wilson, and knocked him down, sees the other man coming across the kitchen, his ill temper is roused, and he falls upon that other man. My Lord, for argument sake, I will suppose for a moment, that he occasioned the death of Hayes; then I put it, that this is not a general agreement to break the peace, but an agreement between two men to fight other two men; and that, for all the consequence that arose to those two men, I admit all the three parties are answerable, but no moral consequences ensue. Then, I say, there is nothing tending to shew a general purpose to break the peace, but merely upon Wakefield and Wilson; why then, my Lord, I take it, that this position has been fortified by cases, and by strong cases. The case that I shall first quote to your Lordship, is to be found in Keyling's Reports, the case of the King's, Plummer; a case in which a special verdict was found; and it was argued before all the Judges; - that special verdict stated, that Joseph Beverton was duly appointed to seize a certain description of wool, and that Benjamin Plummer , John Harding , and others, to the number of eight, assembled to run wool; and that while they were so assembled, in pursuance of an illegal purpose, some officers of his Majesty appeared with intent to seize this wool; upon which, one of the eight who were engaged in this transaction of smuggling, fired his susee, in which one of his comrades was killed; and the Judges, in that case, said, that he who fired the gun, and he alone, should answer for it; if the special verdict had found that he fired the gun at the King's officers, most unquestionably all the eight would have been guilty of murder, though they murdered a man they did not intend to murder; because their purpose certainly was against those officers, whom they had had no legal power to resist; but as that is not found, says the Court, we can only take the facts as they are found; and upon those facts, it does not appear, that although these eight persons were engaged in a high illegal transaction, it does not appear that their joint illegal purpose at all touched that comrade of theirs who fell by the shot of the men who did fire, and therefore, though the man who fired the shot being engaged in an illegal purpose must answer for that purpose, yet those who were equally engaged in an illegal purpose

are not answerable for it. Therefore, I think, that case fortifies me upon facts, that this case cannot be distinguished from it in principle, and that, therefore I ought to have the benefit of it.

My Lord, there is another case, which, if possible, seems to come nearer still to the present: it is a case frequently cited, and the only printed note, I can find of it, is in Leach, page 6, it is entitled, the case of the King v. Hodgson and others. There the party, whose goods were liable to distrained by his landlord Hodgson, assembles number of other persons with him to take away those goods, which the landlord was about to distrain; a constable makes his appearance, and a fighting ensues; while the rest of the party were parting, one of them saw a child at the door, and with barbarity, which one cannot sufficiency condemn, he chuses to strike this child, of which blow the child died, and all the parties were charged, as aiding and abetting at the time the mortal blow was given. My Lord, this was, at first, a special verdict; but, to relieve the parties from the expence of arguing it, it was turned into a reserved case, which was argued before all the Judges; two of the judges differed from the rest, but the majority of the Judges ruled, that it was no offence whatever in those persons who were not engaged in the actual blow that caused the death of the child, upon this principle, that they were engaged in an illegal act, and they shall answer no further. The death might ensue in consequence of their opposition to this illegal purpose; it might ensue from their contest with the landlord in distraining the goods in consequence of the straggle which they chose to make illegally to get them into their possession; but it is too much to say that because one of them, and perhaps the only one who had a deliberate intention in his mind to give the blow,the rest, not at all expecting to mix that child in the fray, it is too much to say that they shall all answer for the death of that child, which never could have arisen as a necessary consequence of the dispute and contest in which they were engaged. So I say here, these two persons agree to fight two men, neither of them expecting to strike Hayes, with whom there had been no quarrel, and therefore could not have it in contemplation to strike any other person than those with whom they were engaged. Suppose, instead of this, Symonds had gone up to the landlady, and knocked her down, could we have supposed that that was in the contemplation of Bartholomew or Knight, they had no ill will against her - Suppose he had knocked the maid down, and she had died of the blow, could it be said that that was in the contemplation of the prisoners? It does appear to me from these cases, that as it was not a necessary consequence of the illegal act in which they were engaged, they ought not to answer for it. I certainly would not contend that Symonds is not answerable for the death of that man, but does seem to me from this evidence, that these two men could not be conscious of the part that Symonds chose to take.

My Lord, there is another part of this case which your Lordship may perhaps say is for the Jury only: it has been always necessarily required, that the death which is averred to have happened, shall be substantially proved to have happened from that, and from nothing else, surgeons have always been called to that point.

Lord Chief Baron. That is certainly a question of evidence only, and I shall lay before the Jury all the observations that seem to me upon it.

Mr. Gurney. My Lord, I will trouble your Lordship with a few words on the same side. My Lord, it appears upon this evidence, that all the quarrelling was between Symonds and Wilson; and in the subsequent part of the business, the only quarrel was between Symonds and Wilson on the one hand, and Bartholomew and Wakefield on the other; and it likewise appears upon the evidence, that the deceased, Hayes, not only took no part in the fray, not only was not the object of the malice of any of the parties there, but that he sat at a distant part of the kitchen, and at last, when he put himself in that situation, in which he received, as it is charged in the indictment, his mortal wound, he was endeavouring to escape into the bar for the purpose of avoiding any mischief that might fall upon him: it likewise appears, that the blow was given by Symonds, unassisted by any other person, unencouraged by any other person; that no word was uttered, and no gesture made use of by the other persons to encourage Symonds in giving that blow, Then it does seem to me to come strictly within the authority of those cases, in which it is determined, that in order to involve other persons in the guilt of him who gives the blow, that it shall be the intention of the whole.

My Lord, Mr. Justice Foster says - "I have, by way of caution, supposed that the murder was committed in prosecution of some unlawful purpose, some common design, in which the combining parties were united, and for the effecting where of they had assembled. For unless this shall appear, though the person giving the mortal blow may himself be guilty of murder, (he may possibly have conceived malice against the deceased, and taken the opportunity, which the confusion of a croud, or darkness of the night, afford to execute his private revenge), he, I say, my be guilty of murder; or if it were upon a sudden quarrel, of manslaughter, and yet the others who came together for a different purpose, will not be involved in his guilt."

I shall trouble your Lordship with only one other observation. It appears that the purpose for which Bartholomew came to that house, was not only a legal but a laudable purpose namely, to settle some business with his captain; that he used this house for the purpose of recruiting, in which service he was employed, and therefore he was acting in the ordinary concerns of his occupation in coming there. There does not appear to be the least tittle of evidence, that either of the prisoners conceived any malice to the deceased, and therefore it comes diretly within the authority of Mr. Justice Foster, that to involve all the persons in the guilt of murder, the intention of all must be precisely the same. It also comes within the authority of the case of the King. Hodgson, where though all the parties were engaged in an unlawful design, namely, a trespass, which is the lesser crime, they were not to be involved in the guilt of murder in consequence of one of their party having had wickedness to involve himself in the greater crime. There ten of the Judges, out of the twelve, held that they ought not to be involved in that crime.

Lord Chief Baron. I take it to be extremely clear and settled law now, that where several persons are engaged

in a design, it does unquestionably extend to such acts as arise out of, or are connected with the specific illegal act in which they were engaged: for instance, if a number of persons set out with a design to oppose the civil power, and one shall chuse to steal a horse, that is collateral, and he alone is answerable for it; it has no connection with the illegal act in question. But what is the evidence here? Very different indeed from that. In the first place, when Symonds was shaking hands, Bartholomew says, chiac, you take one, and I will take the other; that, I think, implicates him in the attack upon these two men most distinctly. The next question will be for the Jury to consider, and that is, that the moment this cant word is used, and the exhortation given, you take one, and I will take the other, Knight immediately jumps up and shuts that door which the woman had opened, the question will be quo animo he shut that door; if he shut that door with the animus of keeping these soldiers in, then he took a part distinctly in the assault upon them, and if that should be the opinion of the Jury, I apprehend there will be very little difficulty in the law, for he then becomes directly implicated in the illegal act, and, in my judgment, is answerable as much as they are, if a murder has been committed.

Mr. Justice Ashurst. I am very much of the same opinion. To be sure, in the case of murder, malice is a matter to be determined by the Court, but still it must result from the facts, that is the province of the Jury, and all that a Judge can do, is to sum up those facts to the Jury, with such admonitions as he thinks proper; taking the result of those facts to be one thing it is murder, taking it to be another it is not murder, and therefore it is a complicated case of law and fact. Now to apply that maxim to the present case, here it has been proved, that one of the parties did come there with an intention to settle an account, but it may happen that he afterwards combined with others to do an illegal act, and in that case he shall not protect himself under the idea that he came there originally for a legal purpose. Here it is stated in the first place, that every animosity was entirely laid aside, they shake hands, and it is supposed that every thing was over; afterwards one of these men cries out chiac, you take one and I will take the other, and then, without any other quarrel, they go to fighting at the time that every animosity was laid aside; the third man shuts the door, and keeps it shut; that is a matter likewise to be left to a Jury to say whether that act of shutting the door did or not mean to facilitate that breach of the peace that the others were engaged in; if it was so, that will implicate him in the whole of the fact. Therefore it does seem to me that this case should be summed up to the Jury with such observations as occur to the learned Judge.

Mr. Justice Rooke. I am clearly of opinion this is a case to go the Jury, and not for the Court to decide upon; these three men are implicated together: the question is, how far they are implicated, and what the bad intent was that they had in view; one cried, chiac, and the other went to the door and held it that they might not escape; and it is very clear upon the face of the evidence, that they had a bad intention towards Wilson and Wakefield; and if they had, they must answer for all the consequences in pursuance of that bad intention. Now the case put by the Counsel is this - Suppose, instead of making the attack upon Hayes, the attack had been made upon the landlady or the maid, would that have been murder? The answer I give to that is, it would depend upon what the landlady or the maid were doing at the time: if they were sitting still in the bar at the time, it would not have been a pursuance of the attack upon the soldiers; but that is not the case with the attack upon this poor man, Hayes, for he had got off his seat when he found the two soldiers knocked down, and might have been considered by Symonds as coming to the assistance of the soldiers; for as soon as he sees Hayes coming up, he knocks him down too. The case in Keyling appears to me to be a case in point against the prisoners; for there it was admitted by all the Judges, that if at the time the men were engaged in smuggling, the gun had been levelled at the officers, who were going to seize the wool, it would have been murder in them all, but that did not appear in the special verdict. So here it is for the Jury to decide, if they are of opinion that when Hayes quitted his seat he was thought by Symonds to have come up to assist the soldiers, there cannot be a doubt that they are all answerable, for they are all pursuing the same line, two of them in actual combat, and the third doing that which might prevent any assistance coming to them. If, on the other hand, the Jury should be of opinion that Hayes was not coming with that view, and that Symonds did not knock Hayes down in consequence of the illegal purpose for which these three men combined, then the consideration might be a very different one; but, under all the circumstances, I have no doubt that it is a case for the Jury to decide.

For the Prisoners.

RALPH HEARNE sworn. - Examined by Mr. Knowlys. I am a serjeant in a corps belonging to Major Steele, which was afterwards drafted to Chatham barracks; I saw the deceased the morning after he had received the blow, between twelve and one o'clock; he was a sailor, and had been with me several times trying to get into the supplementary militia, for he said he was totally starved where he was; he was not a very healthy man, he was a very weak man and appeared to be much as usual that day; we drank part of five pots of beer together, and I went about my business; the next day I had been on the parade, and I met him about half past ten in the morning; he said he was going to see about his prize-money, somewhere towards King-street, that was on the Thursday; he appeared to me to be then much as usual.

Q. Did you see him afterwards, the next day? - A. I had been up to Clerkenwell, and meeting an acquaintance of mine promisenously who had come from Coventy, we went into Mrs. Marshall's to have some beer together, that was between three and four in the afternoon; during the time we were drinking this pot of beer, Hayes came in and said to Mrs. Marshall, I have been and done your job; she asked him to have a glass of something, and he asked her for some dinner, and Mrs. Mar

shall reached him a soup-plate with some Irish stew in it, and he eat it as hearty as ever I saw him eat; he then joined my friend and me in drinking; he gave the boy the pot to draw some more beer, and the boy refused to draw it without having the money; and he said d-you, you dog, go and draw it. I was there about an hour and a half, and he said, he had been carrying a trunk to Clare-market; and a young fellow came in, and d-d him for a fool, for taking so heavy trunk to Clare-market, for so little money; he said, he had nothing to do, and he might as well earn ninepence that way as any other.

The prisoner, Bartholomew, called eight, and Knight, two witnesses, who gave them a good character for good nature and humanity.

Both Not GUILTY

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

Reference Number: t17980912-16

481. THOMAS-HENRY WILTSHIRE, otherwise WILLIAM WALDEN , was indicted for feloniously stealing, on the 6th of June , a pair of silk hose, value 10s. 6d. the property of Thomas Harrison , privately in his shop .

THOMAS HARRISON sworn. - I am a hosier , No. 37. High-Holborn : About the 6th of June, the prisoner came into my shop, and asked to look at some silk stockings with open clocks; I shewed him some, they were not good enough; he asked to look at some black ones, they were not good enough; then he said, he should most likely call again; I rather suspected him, but did not miss any thing; Mr. Kennedy, about two or three months after, came and asked me if I had had such a person in my shop; I told him I had; he produced a profile of the prisoner; I immediately said, that was the man; he shewed me a number of private marks of stockings, but they were not mine. I give him my private mark, and I afterwards saw a pair of stockings of mine at the Public-office, Marlborough-street; I know them to be mine from the mark; I cannot swear that I had not sold these stockings, because I did not miss them.

Q. Were they new stockings that had not been used? - A. They had not; I had not sold any to him.

JAMES KENNEDY sworn. - In consequence of information, I went to the prisoner's apartments, No. 25, Adam-street, Portman-square; I took him into custody; I took the keys out of his pocket, I asked him which was the key of his box, I opened it, and found a great number of duplicates of silk stockings; among the rest I found this duplicate that I have in my hand, belonging to the prosecutor. I made it my business to go round to the hosiers, to see who had been robbed; I went to the prosecutor, and one pair turned out to be his.

SAMUEL MORRIS sworn. - On the 6th of June, the prisoner brought these stockings to me to pledge, at Mr. Beauchamp's the corner of Castle-street, Holborn.

Harrison. These stockings have my mark upon them.

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

NOT GUILTY .

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

Reference Number: t17980912-17

482. THOMAS HENRY WILTSHIRE, otherwise WILLIAM WALDEN , was again indicted for feloniously stealing, on the 3d of May , two pair of silk hose, value 23s. 6d. the property of William Churton , privately in his shop .

WILLIAM CHURTON sworn. - I am a hosier , No. 91, Oxford-road : About one o'clock in the afternoon of 23d of May, the prisoner came to my shop, and desired to look at some silk stockings; I opened several papers, and after various objections, he desired me to put up a quantity,to be taken to his master, and he would call again; he said, his master lived at No.27, New Bond-street; observing that he had a very unpleasant manner about him, I told him, I would shew him no more, but wait upon his master; I suspected him, because he told me he was going to No. 200, and he went a a direct contrary way; I made up my mind that I was robbed, but could not ascertain of what. I went to No.27, New Bond-street, but no such person lived there. About a week after, I saw him pass the door, I pursued him, but he outrun me, and I lost him. Sometime after, Kennedy called upon me, and asked me, if such a man had been at my shop; I told him, yes. I went to a pawnbroker's, and found two pair of stockings of mine that had not been worn at all, with my private mark upon them.

Jury. Q. Did he ever buy any of you? - A. Never.

JAMES KENNEDY sworn. - When I took the prisoner in custody. I found these duplicates in his box. (producing them).

WILLIAM NORRIS sworn. - I am a pawnbroker:(Produces two pair of stockings); they were pledged with me, by the prisoner, on the 4th of May.

Churton. The private mark is regular, in my own hand writing.

GUILTY Death . (Aged 28.)

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

Reference Number: t17980912-18

483. SARAH WILLIS and ANN SYDNEY were indicted for that they, on the 4th of July , a piece of base coin resembling a shilling, falsely, deceitfully, feloniously and traitorously did colour, with material producing the colour of silver .

Second Count. For that they, a round blank of base metal of a fit size and figure to be coined to the resemblance of a shilling, did colour, with materials producing the colour of silver.

And, in two other Counts, for colouring, with materials producing the colour of silver, a piece of base metal resembling a sixpence.(The indictment was stated by Mr. Cullen, and the case opened by Mr. Fielding).

JOHN ARMSTRONG sworn. - Examined by Mr. Cullen. I am an officer: In consequence of a warrant, on Wednesday, the 24th of July, between ten and eleven o'clock in the morning, I went to No. 21, New Compton-street , in company with Wray, Harper and Peach; I went into the house by a passage door, and there was a woman who screamed, murder, and stamped; I then went through the parlour into the kitchen; when I got near the bottom of the stairs, the prisoner, Sydney, passed me without a bed-gown; there is a back kitchen and a fore one; I went into the back kitchen, being dark, and said, holloa, who is here; the prisoner, Willis, said, I am here, or something to that effect; I brought her out; when she came up stairs in the light, we found her without a bed-gown, the same as Sydney, in her hand was one shilling, which appeared to be good, and two others in her pocket, which are good, (produces them); she being secured, we got a candle; I then, with her, went into the front kitchen, this bason was turned topsey-turvey, and the liquid that was in it was all run on the floor; in the front kitchen, the sash was thrown up that went under the area in the front of the street, but that window was bolted, that, without a light, we could not have seen; I observed something white against the brick wall; I and Wray went and picked up this bason, which has the remains of some cream of tartar in it; this sixpence being on the frame of the window, I believe that is a good one; in the same area, these counterfeit sixpences lay among some saw-dust, and this tea-pot, with some salt, and this broken bason; Wray has the money that was found in the front kitchen, except this sixpence where the bason was. This box was with this rag, and this woman's dirty cap, and a pair of scissars; there was a candlestick with a piece of candle lying on the floor, but not so that we could tell that it had been lighted lately; in the back kitchen, where Willis was taken from, were these two basons, in one of which there appears a settlement of cream of tartar. Both the prisoners fingers and thumbs were as if they had been using these kind of ingredients. Wray searched the place afterwards.

JOHN WRAY sworn. - Examined by Mr. Fielding. I went with Armstrong to this house; Armstrong went in first; and in the first room there was a woman stamped, and cried out, murder; then we went down into the kitchen; just as we got to the bottom of the stairs, Sydney passed us, I caught her, and delivered her to Harper, who then went and got a light, and went into the front kitchen; a large bason was the first thing I perceived, it had been kicked up, and there was a great deal of liquid upon the floor, I cannot say what that liquid was; there was a fire place, but no grate in it, there I found a great quantity of base money, some on the hearth, and some in the fire-place, (produces it); there are very near a hundred sixpences, and about thirty-five shillings, they were all over wet, some of them stuck against the back of the chimney, and the wet was dripping down; I picked off, I think, four. There was only one chair there, and this box turned down; there was no furniture there at all. After making a further search, I found some in the back kitchen, that was bad money too, wrapped up in a paper, five shillings and seven sixpences. There was a candlestick and a piece of candle lying upon the floor, which appeared to me to have been very recently put out, the snuff was not stiff; and I found this blacking-pot.

SAMUEL HARPER sworn. - Examined by Mr. Fielding. I was with the rest of the officers, on the 4th of July: I went into the parlour, there was a woman crying out, murder, and stamping on the floor, I secured her, and took her into the back room; then the two prisoners were brought to me without gowns or stays, and I secured them; their hands were very black, as if they had been at work at that sort of business. I afterwards went down and saw the liquid spread about, and I saw the things that Mr. Wray had found.

Mr. Fielding. (To Armstrong). Q. Explain the use of these things? - A. That liquid is used to bring the silver to the surface; after that it is dipped in water, and wiped it with a rag, they rub it between their fingers, and wipe it with a rag, and then the blacking is the last thing that is used, to take off the appearance of newness, and make them fit for circulation.

HENRY-WILLIAM ATKINSON sworn. - Two of these sixpences are very good, all the rest are base; two of the shillings are good.

Willis's defence. The apartment did not belong to me, I only rent the parlour and the shop; I went down into the back kitchen to get a basket, to divide some strawberries; the officers saw the strawberries.

Q. (To Armstrong.) Did you see any strawberries in the house? - A. Yes, they were claimed by a woman who was discharged; we took five women to the magistrates; there was no basket in the house; they were claimed by the same woman that made the stamping.

Willis. As to the dirt upon my hands it was copperas and logwood that I had been dying a gown with, it came off directly with a little warm water and some soap.

Sydney's defence. I know nothing at all about the place; I was benighted, and had gone there to shift as well as I could for the night.

Jury. (To Armstrong.) Q. How were their nails? - A. They were quite yellow, and their fingers black almost all the way up with rubbing.

Q. (To Wray.) Did you observe their nails? - A. Yes; they were very yellow, and the fingers black.

Q. (To Harper.) Did you observe them? - A. Yes; they were exactly as they have been described, and they were so for two or three days.

Willis, GUILTY Death . (Aged 40.)

Sydney, GUILTY Death. (Aged 27.)

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

Reference Number: t17980912-19

484. CATHERINE LAHEY and ANN WARNER were indicted for that they, on the 14th of August , a piece of base coin resembling a shilling, falsely, deceitfully and traiterously, did colour, with materials producing the colour of silver .

Second Count. For that they a round blank of base metal, of a fit size and figure to be coined to the resemblance of a shilling, did colour, with materials producing the colour of silver.

And in two other Counts, for colouring with materials producing the colour of silver, a piece of base metal resembling a sixpence.(The indictment was stated by Mr. Knowlys, and the case opened by Mr. Fielding).

WILLIAM PERRY sworn. - Examined by Mr. Fielding. I keep a house No. 5, King-street, Drury-lane ; the two prisoners were lodgers of mine, they had the back garret: On the 14th of August, about two o'clock, I went up to their apartments to ask them for the rent that was due to me; they told me they would pay me at night.

Q. What sum was due to you? - A.One shilling and sixpence; as I was coming down stairs I met with one Mary Comber , who lodged in the room next to theirs, and in consequence of what she said I went into her apartment, and looked through a small hole into the prisoner's apartments; I saw the prisoner Lahey sitting with her face to me, and the other with her back towards me, I could see both their hands; I observed them rubbing something between their thumbs and fingers with a rag, and putting it into a piece of paper, it appeared to be something like sixpences and shillings; I gave information at Bow-street, and the officers came in ten minutes; the prisoners had lodged in the house five weeks.

THOMAS DYER sworn. - I am an officer belonging to Bow-street: I was the first that went up stairs, I pushed the door open hastily, Dowset and Perry were with me; Lahey was sitting with a little deal table before her, and Warner was standing in the middle of the room; I told Lahey not to be alarmed, and I picked up a sixpence that dropped from her; there were two other sixpences which I picked up in nearly the same place within a minute after, I did not see them drop from her, (produces them); these sixpences I found lying upon the table in paper, exactly as they are now; this tea-cup was nearly three parts full of liquid, I tasted it, and it appeared to me to be aqua-fortis; while I was there somebody emptied it into a wooden bowl with water, that was upon the table, but I did not see it done; this blacking-cake Warner told me was for blacking shoes, I found it in this cannister under the table, and this pot of lamp-black; their hands were very dirty.

THOMAS DOWSET sworn. - I went with Perry and Dyer: I entered the room immediately after Dyer, I saw Lahey in the act of rubbing something between her fingers and thumb; she screamed out, and dropped a sixpence from her fingers; I searched Warner, but found nothing upon her, she was standing in the middle of the room; I searched the room found, but found nothing but what Dyer has produced; I saw the cup upon the table, but how it came emptied I cannot tell, it must have been done by one of the prisoners; there was but a single drop of liquid left in the cup, which Dyer tasted, I did not.

JOHN ARMSTRONG sworn. - Examined by Mr. Fielding. Q. You have been at the apprehension of a vast number of these people, and know the use of these sort of articles? - A. Yes.

Q. What is the use of blacking? - A. To put among the money to take off the appearance of the newness; the aqua-fortis brings the silver to the surface, and then they rub them, and finish them with cream of tartar.

MARY COMBER sworn. - Examined by Mr. Fielding. I lodged in Mr. Perry's house: On the 14th of August I met Mr. Perry on the stairs, I asked him if they had paid him; he said, no; I told him if they paid him in silver to be aware of it; I had been looking through a hole and saw the old lady, Warner, take a little pipkin off the fire, and the young woman said, it was not boiled enough; she brought it to the table and stirred it with something, whether it was a stick or what I cannot tell, then she poured it into a tea-cup, or a bowl, I do not know which; I then went and told Mr. Perry he might come and satisfy his curiosity, and he came up and looked through the hole.

Q. How long was this before the officers came

from Bow-street? - A. About a quarter of an hour.

HENRY- WILLIAM ATKINSON sworn. - Examined by Mr. Fielding. I am one of the moniers of the Mint.

Q. Look at these sixpences? - A. They are all counterfeit.

Lahey's defence. I was coming past the New Church in the Strand, and I found a paper parcel; when I came home I opened it, and saw it was money, and when these gentlemen came into the room I was wiping the dirt off; whether it was good or bad I know not.

Warner's defence. We found the blacking and cannister in the room when we came there, the room door was open always; I did not know whether the money was good or bad.

Court. (To Perry.) Q. Had you examined the room before they came? - A. Yes; nobody had slept in the room before they came except my apprentice, and I am sure there were no such things there then.

Lahey, GUILTY Death . (Aged 18.)

Warner, GUILTY Death. (Aged 56.)

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

Reference Number: t17980912-20

485. JOHN LOWTHER was indicted for feloniously stealing, on the 21st of August , a wooden shew-board, value 6d. thirty pair of gold ear-rings, value 14l. five pair of composition ear-rings set in gold, value 15s. a base metal pin gilt with gold, value 4s. and twelve pair of gold wires for ears, value 36s. the property of John Sadler , in his dwelling-house .

MEDITATION SADLER sworn. - I am the wife of John Sadler, a lapidary and working jeweller , I live at No. 51, Snow-hill , we keep a shop: On Tuesday evening, the 21st of August, between the hours of nine and ten o'clock, the prisoner came in with an ear-ring, and asked me if I could match it; I told him, no, I had not any of the pattern; then he said I could make one to that pattern; I told him it would not answer the expence to make a new dye on purpose; he said I had odd ear-rings; I told him I might by accident; then he said, he would sell it, and purchase another pair; I did not feel myself willing to buy it, I did not chuse to buy it, I was very unwilling to serve him, but I felt myself overpowered; he asked me to shew him some ear-rings, I went and fetched a deal shew-board from the window, which contained gold ear-rings, with some composition and paste pins; the prisoner put his hands on each side the board, and drew it to the edge of the counter, after holding up a slip of ear-rings to the candle; my lad looked under the man's hat and watched him; I heard a great noise like an iron crow, or a stout wire, and a great report upon the counter; no other person came in, but by some contrivance or other the drawer was drawn out at the door, and some of the things fell down at the prisoner's feet; I went to the door, being much frightened, and screamed out thieves, the man continued in the shop; there was a corporal going past came up to my assistance; the prisoner was then going to run out with the ear-rings, but he knowing the corporal turned back, and put them down upon the counter, and then the constable came in and secured him.

Q. What became of the board? - A. It went clean out of the shop, I never heard of it again.

Cross-examined by Mr. Knapp. Q. I take it for granted the same account you have given to-day you gave before the Magistrate? - A. Yes.

Q. The prisoner came in with the ear-ring in his hand? - A. Yes.

Q. Your shop was a shop that a person would naturally report to if they wanted ear-rings, or wanted an ear-ring mended? - A. Yes.

Q. When these ear-rings were upon the ground, the prisoner at the bar was picking them up, and you called thieves at the door? - A. Yes.

Q. And did he continue picking up the ear-rings after you had cried out thieves? - A. Yes, before and after.

Q. You saw no hand at all? - A. No; I am sure there was no hand came in the shop at all, nor no person.

Q. Any person, besides the prisoner, might have been under this place and moved the board? - A. No, I am sure there was nobody else.

Q. How far is the shop-door from where this place was? - A. About a yard.

Q. Were not the hands of the prisoner above the counter at the time you heard that noise? - A. I cannot swear as to that, either one way or the other.

Q. Should you recollect the pattern of the earring, if you should see it, that the prisoner brought? - A. I think I should.

Court. Q. What did you lose? - A.Thirty pair of gold ear-rings, five pair of composition ear-rings, partly gold and partly composition, a gold locket, twelve pair of gold wires, three paste pins, and a base metal pin.

JAMES M'DOWAL sworn. - I had been teaching some gentlemen their exercise: As I was coming a few doors above Mr. Sadler's I heard a cry of thieves, I made what haste I could; when I came there the last witness was at the door, unable to speak, and the prisoner picking up the ear-rings in the shop, and coming to the shop-door I went into the shop, and said, here is the thief, I know him; and then he turned to the right-about, quick time, and threw the things down upon the counter.

Q. Did you know the man before? - A. Yes.

JOHN OSBORN sworn. - I am a constable; I only apprehended the prisoner, that is all I know of it.

JOHN HORTON sworn. - I live at No. 17, Union-court, Holborn; I am an apprentice to Mr. Sadler (produces a board); this is a board of the same size that the man took away.

Prisoner's defence. I had broke an ear-ring in a young woman's ear, she took the other out of her ear; I went to this gentlewoman's house to get it matched; she said she had not any; she agreed to to allow me 10d. for the odd one; I told her I would buy a new one; some person came in unknown to me, and snatched them off the counter; I stopped to pick up some that were fell down and put them on the counter; knowing the soldier, I desired him to come in and speak for me.

Court. (To M'Dowall.) Q. Did he desire you to speak for him? - A. No, he did not.

MARY ATTERBURY sworn. - Examined by Mr. Knapp. I know the prisoner at the bar; he beat me, gave me several blows, and struck me, and broke my ear-ring; he said he would go and get another if he could match it, and he said if he could not match it, he would buy me a new pair.

Court. Q. What are you? - A. A sailor's wife.

Q. How do you get your bread? - A. I washed for this young man, and he struck me because I had not washed his linen as well as I should; he took that liberty because I was an unfortunate woman.

JOHN MANBY sworn. - I am a butcher's porter; I live in Snarp's-alley, Cow-cross; I work in Fleet-market; the prisoner has been my servant off and on for fourteen months, and is a hard-working, industrious young fellow.

GUILTY Death . (Aged 23.)

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

Reference Number: t17980912-21

486. THOMAS GLOVER was indicted for feloniously stealing on the 3d of July , a silver watch, value 3l. the property of Mary Combes , in her dwelling-house .

MARY COMBES sworn. - I live at Sommers-town, in the parish of Pancras . On the 3d of July I lost my watch from the parlour over the chimney-piece, between five and six o'clock in the evening; I left my house to go next door of a few errands; I was gone about five minutes; as I came back, I saw the prisoner come out of my house; when I went in, I missed my watch, and followed the prisoner; I called out, stop thief, and Thomas Watcoate brought him back; the prisoner gave the watch up to the officer in my presence.

WILLIAM BLACK sworn. - I am an officer belonging to Bow-street; I was sent for to take the prisoner into custody at the Bill public-house at Sommers-town; they said he had committed a robbery; as soon as I went in, the landlord said, here is an officer, give him the watch, and the watch was delivered to me from this lady.

Mrs. Comber. I can swear to the watch by the string and the case, it is worth 3l.

Prisoner. I with to ask the prosecutrix whether she did not promise to forgive me? - A. I do not rightly know in the fright what I said to him, I cannot say.

- WATCOATE sworn. - I brought the prisoner back to the house; there were some people in the tap-room, who said, you had better give the lady back her watch, and then she will forgive you, but I did not hear the lady say so at all.

Prisoner's defence. I leave myself to the mercy of the Court, I have neither father nor mother, sister nor brother.

GUILTY of stealing, but not in the dwelling-house , Imprisoned one year in the House of Correction , and fined 1s.

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

Reference Number: t17980912-22

487. THOMAS ROBERTSON was indicted for breaking and entering the dwelling house of John Winbolt , about the hour of twelve in the night of the 28th of July , with intent the goods therein being, burglariously to steal, and stealing fifteen dusting-cloths, value 6s. a table-cloth, value 2s. two coarse aprons, value 6d. two round towels, value 6d. two silver table-spoons, value 16s. eight pounds of veal, value 5s. a pound and a half of butter, value 1s. 6d. a quartern loaf, value 8d. and half a pound of bacon, value 5d. the property of the said John .

PHILADELPHIA WINBOLT sworn. - I am the wife of John Winbolt; I live at North End, in the parish of Fulham ; I was the last person up in the house; I went to bed about eleven o'clock, and saw the doors and windows all fast; about five o'clock in the morning I was called up by a neighbour, and told that my pantry was broke open; no other part but the pantry was broke, it was a lattice, there was an iron bar went down wards, and another went across, and the wire was broke away half way down, about nine inches, the lattice was secure over night; I missed the property mentioned in the indictment (repeating them); I never saw the prisoner till I saw him at Bow-street.

RICHARD COLLINS sworn. - I am gardener to the Duchess of Gloucester, at Brompton; I got up at five o'clock on Sunday morning the 29th of July, and about half an hour after I saw the prisoner crawling up Mr. Hutchins's wheat field upon

his hands and knees all the way through the wheat, and as soon as he got out of the field, he took to his heels and ran away, upon that I thought he had hid something; I found a great number of apricots, about eleven dozen, and a bundle, containing the things mentioned in the indictment, and a large pair of pincers; I went after him, and another man with me, and we met him coming back again towards us with his coat under his arm; I said to him, you are the man that belongs to that property in the wheat; me, says he, and tried to jump away from the man that was with me; he said, he could not hold him, and then I caught hold of him by the collar; now, says I, if you will tell us where you had these things, and will carry them back again, we will have no further trouble with you, and he said he had them from Hammersmith; says I, my friend, that won't do, you must go with me to Justice Bond; upon that I took him down a long walk at the end of our garden, and told him to put his coat on, and as he was putting his coat on, I took two silver spoons out of his coat pocket; I saw one of the officers take one of Mr. Winbolt's cloths out of the prisoner's hat.

Q. Are you sure the prisoner is the man that you saw come out of the wheat field? - A. Yes.

ROBERT WILSON sworn. - I am under gardener to the Duchess of Gloucester; I called up the last witness one Sunday morning, and we went across the road to the gate leading into this wheat field, and saw the prisoner upon his hands and knees crawling in the wheat under the hedge; then when he came to the top of the wheat field, he came out, and had got about twenty yards from the place where we first saw him; we thought he was hiding something; we went to look, and found a bundle; then we thought we would go and look whether he would come back to it, and then we met him coming back towards the field; we asked him whether he belonged to it or not, and he said he did not, and whether he had not been stealing that property, and he said he had not; then he tried to get away from us, and Mr. Collins laid hold of him by the collar, took him down the garden, and as he was putting his coat on, he found the spoons in his pocket.

Q. How far was this from Mr. Winbolt's house? - A. About a mile and a half.

(The property was produced in Court, and deposed to by Mrs. Winbolts.)

Prisoner's defence. I was going to the Serpentine-river to bathe, and going through this field, I stopped to ease myself, and there I found this bundle lying, I picked up the spoons, and put them in my pocket; I remember seeing these two men upon the style; I went back to ask them if they knew any thing about it, and they took me into custody.

GUILTY (Aged 21.)

Of stealing the goods, but not guilty of the burglary .

Transported for seven years .

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

Reference Number: t17980912-23

488. MARY CLARKE was indicted for feloniously stealing on the 25th of July , a muslin gown, value 10s. 6d. the property of Joseph Burton .

JOSEPH BRODIE sworn. - I am a pawnbroker in Whitechapel : On the 25th of July we missed a gown that had hung at the shop door, between seven and nine in the evening; I do not know who took it.

ANN DELLY sworn. - I sell fruit facing the door of the Justice's office; the prisoner and another young woman followed me to the corner of the court where I live, and the prisoner desired me to pledge a gown for her; I put up my barrow, and forgot to ask her how much I should ask upon it; I went back to ask her, and when I got back, I was told she was taken up; I was going to pledge it in Spitalfields; I left the gown with a woman that sells fish in Whitechapel, while I went to enquire whether she was taken up or not; I put it into the woman's basket; two men came by, and saw me put it in the basket, and while I was gone the two men took it up to the office; I cannot rightly swear whether it was the prisoner or the other woman that gave me the gown.

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

Q. Are you sure she had somebody with her? - A. Yes.

Q. How came you not to say so at first? - A. I did say so, and the officer was after the other woman as well.

Q. Which of them gave you the gown? - A. I believe it was this woman, but I cannot rightly swear to it.

Q. Did she say why she wanted to pawn it? - A.She said, because one John Clarke wanted to cut it to pieces.

Q. What is John Clarke? - A. He belongs to the first regiment; he used to live with the prisoner.

ROBERT COOMBES sworn. - I am an officer belonging to Lambeth-street; two gentlemen brought this gown to the office, and said they had seen two women put it into a fish basket; they thought it was not honestly come by, and therefore brought it to the office; the fish-woman said it was Ann Delly's; I found her, and she said she met

with Poll Clarke and Poll Burn together, and they gave it her to pawn. I took Poll Clarke, the Tuesday after.

Q. You seem pretty well acquainted with them? - A. Yes; I have known them all some time.

Prisoner's defence. I know nothing about it, I did not give her the gown.

NOT GUILTY .

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

Reference Number: t17980912-24

489. JOHN HOWARD was indicted for feloniously stealing, on the 15th of August , a pewter pot, value 2s. and three pint pots, value 3s. the property of Thomas Creswell .

THOMAS CRESWELL sworn. - I live in the New Road, St. Mary-le-bone , I keep a public-house : On the 15th of August, some of my pots were brought to me in a basket.

- MORLEY sworn. - I am a lead-manufacturer: On the 15th of August, between eight and nine, I put a pint pot upon the rails facing my little house, at the back of the British Constitution, near Lisson-green; I saw a young man come and take it off the rail, and go and put it in the prisoner's basket, and then he ran away; I alarmed the publican, and pursued after him; I took the prisoner with the basket to Mr. William's, and sent for a constable, and he found the pint pot. The prisoner was standing just by my little house at the time the other man put it into his basket; and then he lifted it up, and walked off. I never saw any thing of the other man after.

JOHN BLANCHARD sworn. - (Produces a basket, containing four quart and six pint pots). I was sent for to take charge of the prisoner and the basket; I found one pot in his coat pocket besides. There were ten in the basket, and one in his pocket.

Prosecutor. Three of these pints and one quart belong to me; they have my name upon them.

Prisoner's defence. The young man that was with me, was the occasion of my being brought into the situation that I am in. I am a gentleman's servant out of place, and have been a long time; he was a gentleman's servant out of place also; I met with him one day, and he told me, if I would meet him the next morning, he would tell me of something to my advantage; and then he proposed this plan, he was to give me two shillings a morning, to carry the basket for him. This was the second morning that I had gone out with him; it was distress that drove me to it. The young man said, his name was John Wilson , but I do not know where he lives.

GUILTY (Aged 30.)

Transported for seven years .

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

Reference Number: t17980912-25

490. ROBERT LADBROOKE TROYTE was indicted for forging, on the 20th of August, a certain order, for the payment of money, with the name, Robert Sturdy, thereto subscribed , the tenor of which is as follows:

No. 39, Pall Mall. London, 20th August, 1798.

Messrs. Devavnes, Dawes, Noble and Co. Pay Sir William Blakiston , or bearer, seventy-five pounds. Robert Sturdy . with intent to defraud William Devaynes , John Dawes , William Noble , and William Close .

Second Court. For uttering and publishing as true, a like forget order, for payment of money.

Third and fourth Count. For like offences, with intent to defraud Robert Sturdy .

(The indictment was stated by Mr. Knapp, and the case opened by Mr. Const).

HANNAH BARKER sworn. - Examined by Mr. Knapp. I am the wife of John Barker , a porter at Lincoln's Inn.

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

Q. Where do you live? - A. No, 27, Chancery-lane. In the course of the last month, towards the fore part of it, it was either on a Monday or Tuesday, the prisoner came to my house, and brought two drafts for my husband to go to the bankers, to bring different notes in change; my husband was not at home, I put them in a drawer till my husband came home.

Q. How soon did your husband return? - A. It was within an hour.

Q. Did you give these notes, that you received from the prisoner, and had put into the drawer; to your husband? - A. I did.

Cross-examined by Mr. Knowlys. Q. Can you write? - A. I can just write my name.

Q. You cannot read writing? - A. No.

Q. You do not know a draft upon a banker from any thing else? - A. No.

Court. Q. Did you give the same pieces of paper to your husband that you had from the prisoner? - A. Yes.

JOHN BARKER sworn. - Examined by Mr. Const. I am a porter of Lincoln's-Inn, I live at No. 27, Chancery-lane: I received from my wife, two drafts, in the course of the last month, one for 140l. and one for 75l. I was to go to the banker s with them, to get cash or notes, I think it was wrote at the back, for notes; I went to Messrs. Devaynes and Co.'s, in Pall-Mall; the drafts were written upon their checks.

Q. What name was signed at the bottom of the draft? - A.Sturdy.

Q. Do you remember what you received for them? - A. Two hundred and fifteen pounds in Bank-notes, I do not recollect how many notes

there were; I brought them home, and wrapped them in a sheet of paper, and sealed it.

Q. Where did you carry them? - A. I took them where I had taken some before.

Q. Where was that? - A. To a court in Whitecross-street; I delivered them to a woman that was in the shop.

Q. Who did you deliver them there for? - A. The prisoner at the bar.

Q. Did the prisoner reside at that shop? - A. I do not know that he did; I had left others there before. The woman put them upon a little table, and I told her to take care of them; and the man made answer, I am going to them.

Court. Q. What description did you give her of the person to whom they were to be delivered? - A. I told her, I had brought a parcel for the same gentleman that I had brought a parcel for a great while ago.

Mr. Const. Q. Who was that gentleman? - A. The prisoner at the bar.

Q. You left them with that woman and the man? - A. Yes.

Cross-examined by Mr. Alley. Q. I believe you were taken up on suspicion of being concerned in this transaction? - A. Yes, I was.

Q. You were examined before Mr. Ford, at Bow-street? - A. Yes.

Q. I believe, from the account you gave not being relished by the Magistrate, he committed you to jail? - A. I suppose so.

Q. Now do you mean to tell us, that the account you have given to day, is the same account you have always given of the transaction? - A. As far as I have answered to.

Q. Do you mean to tell us, that the account you have given to day, tallies with that which you gave when you were first interrogated? - A. No.

Q. Did not you happen to say, that you brought these notes to Mr. Sturdy's? - A. No.

Q. Did you never say, after the prisoner was apprehended, before the Magistrate, that you had given the prisoner the notes in the street? - A. Not these notes; other notes I did.

Q. The notes in question, you left at the green grocer's shop, to be called for? - A. Yes, in Long's-buildings.

Q. You were not at home when this parcel was first left? - A. I was not.

Q. Then all you mean to say is, that you got 215l. in return for two checks, and put them up in paper, and left them at the green grocer's shop? - A. Yes.

Q. You were from home at the time they were left, and therefore you could not know who had left them? - A. I had seen the person in the morning.

Q. You had not seen the prisoner from the time you carried the parcel till you saw him at Bow-street? - A. No.

Court. Q. Did your wife tell you who she had them from? - A. She did not know his name, nor I neither, till after that.

Q. Mr. Const. Q. The person you left them for was the prisoner at the bar? - A. Yes.

Q. And you had left them for the prisoner before? - A. Yes.

Q. The day you got the notes you had met him in the street? - A. Yes, in the morning, upon Snowhill; he stopped me, and said, he had got a message for me to go where I had been before.

Court. Q. Did he tell you his name? - A.No.

Mr. Const. Q. Do you know where he lived? - A. No; I understood he was a pupil of Mr. Sturdy's, an attorney in Boswell-court.

Q. You had known him some time in that capacity? - A. Yes; I was at home at dinner the first time he came to me, he gave me a sheet of paper with a direction upon it; he desired me to put the notes up in that cover, seal it up, and carry it according to that direction; and when I met him upon Snow-hill, I was to carry them to the same place.

THOMAS STERRY sworn. - Examined by Mr. Knapp. I live at No. 1, Long's Buildings, Whitecross-street; I am a letter-founder, my wife keeps a green-stall.

Q. Look at the last witness; do you remember that man coming to you at any time? - A. No; I cannot say whether that is the man or not.

Q. (To Barker.) Is this the man that you saw at the shop? - A. I cannot say.

Q. (To Sterry.) Did any person bring you a parcel at any time? - A. Yes; a porter brought a blank piece of white paper sealed up.

Q. What did you do with it? - A. I took it and delivered it to the young man that lodged with me, when he came home.

Q. Was your wife, or a woman, in the shop at the time? - A. There was a woman in the shop at the time.

Q. Who was the young man to whom you gave it? - A. Robert Troyte, the prisoner at the bar.

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

Q. Did you give it him sealed as it was? - A. Yes, exactly.

Q. How long has the prisoner lodged with you? - A. Ever since the 25th of March.

Q. Did you know his situation in life? - A. He was clerk to Mr. Sturdy, a lawyer, in Boswell-Court.

WILLIAM CLOSE sworn. - Examined by Mr. Const. I am a partner in the house of Devaynes and Company.

Q. What are the names of the partners? - A. William Devaynes , John Dawes , William Noble , and William Close .

Q. Do you remember, on the 20th of August, paying two drafts, as you supposed, to the order of Mr. Robert Sturdy ? - A. Yes; they were made payable to bearer, and drawn by Robert Sturdy, one for 75l. and the other for 140l.

Q. Is that the 75l. draft that you so paid?(shewing it him.) - A. Yes, it is.

Q. Who did you pay it to? - A. To Barker, the porter, I had paid several before to him; he was accustomed to write upon the back how he would have them, and upon this is wrote seven twenties.

Mr. Knowlys. Q. I take it for granted you made a memorandum in you book immediately how you had paid it? - A. Yes.

Mr. Const. Q. The person who demanded the money shewed you, at the back, how it was to be paid? - A. Yes.

Q. Did you follow those directions? -

Mr. Knowlys. Q. I must beg first to ask another question. - Have you any memory how you paid them, except your books? - A. No; I put in the book how I paid them.

Q. Therefore you rely upon your book, and not upon your memory, how you made your payment? - A. Certainly.

Court. Q. Are you positively certain, without recurring to the books, that you paid it according to that direction at the back? - A. Yes, I am certain of it; I gave seven 20l. notes of following numbers for the 140l.; and for the other, I gave a 50l. two tens, and a five.

Mr. Const. Q. You have discharged Mr. Sturdy of the account? - A. Yes.

Cross-examined by Mr. Knowlys. Q. I think you told me as to the memory of numbers, you rely upon the books entirely? - A. I recollect these two drafts coming late in the evening.

Q. But have you any recollection of the numbers of the notes, without recurring to your books? - A. Certainly not.

Q. Was not a Mr. Croft a partner in your house at that time? - A. No.

Q. Is there no other person but the four whose names you have mentioned that derives any profit from the business? - A. No.

HENRY EVANS sworn. - Examined by Mr. Knapp. I am one of the Bow-street officers.

Q. Did you apprehend the prisoner at the bar? - A. I did not; I was at the office on Wednesday evening when the prisoner was brought there by Noble and Owen; I searched him, and found upon him Bank-notes to the amount of 210l.

Court. Q. That was the amount of the two drafts? Mr. Close. No, it was 5l. short.

Q. (To Evans.) Did you take any account of the amount of those notes? - A. I marked them all; I first shewed them to a gentleman who was in the room with me and the prisoner, and afterwards I sealed them with my own seal, and it was sealed with the seal of the office likewise.

Q. Look at that? - A. This is the same parcel, this is the seal that was put to it at Bow-street; I gave them to Mr. Close.

Mr. Close. I have had them ever since.

Q. (To Evans.) Where about did this pass? - A. In a back room, up one pair of stairs.

Q. Had you any conversation with him? - A. No.

Q. You marked the notes-look and see if these are the same? - A.These are the same notes.(They were given to Mr. Shelton.)

Mr. Shelton. Here are two 10l. one 50l. and seven 20s.; the 20s. begin with No. 1542 and end with 1548.

ROBERT STURDY sworn. - Mr. Knowlys. I object to Sturdy as a witness.

Mr. Const. We have a release. (Produces it.)

Mr. Const. Q. Do you know the young man at the bar? - A. Yes, he came to me as clerk in the month of May, 1797, and continued to live with me till the 27th of July, when he withdrew himself upon the plea of being indisposed, and having been for some time dissatisfied with his appearance, I had given orders that he was to be dismissed, and no more to enter my office.

Q. Be so good as look at that draft-is the signature your hand-writing? - A.Certainly not, or any part of the draft.

Q. Are Messrs. Devaynes and Co. your bankers? - A. Yes.

Q. Can you say whose hand-writing it is? - A. I am sorry to say it has too much the appearance of his writing, I believe it to be his.

Q. Did you give him authority to draw upon your banker? - A.Certainly not.

Cross-examined by Mr. Knowlys. Q. He is a very young man? - A. About eighteen.

Q. His friends live in Warwickshire, I believe? - A. Yes; I never observed any thing improper till this; he was in a very inferior situation in my office.

GEORGE OWEN sworn. - I am an attorney, and assistant to Mr. Sturdy for four years past.

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

Q. Do you know his hand-writing? - A. Yes, as positively as I can speak to any other hand than my own, I believe the body of it is his handwriting, and I verily believe the signature to be his also. (It is read.)

No. 39, Pall mall, London, 20th August, 1798.

Messrs. Devaynes, Dawes, Noble, and Co.

Pay Sir Wm. Blakiston, or bearer, seventy-five pounds.

Robert Sturdy.

GUILTY DEATH . (Aged 17.)

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

Reference Number: t17980912-26

491. THOMAS ALLEN was indicted for feloniously stealing on the 26th of August , three linen shifts, value 21s. a pair of sheets, value 21s. a towel, value 6d. four pair of silk stockings, value 40s. four other silk stockings; value 2s. and two linen aprons, value 6d. the property of Richard Chaloner , in his dwelling-house .

ELIZABETH CHALONER sworn. - I am the wife of Richard Chaloner , I live at Sommerstown ; we lost a pair of sheets, three shifts, a towel, four pair of silk stockings, four odd ones, and two old aprons.

Q. What are they worth altogether? - A. About seven pounds. On Sunday, the 26th of August, I left my house about six in the evening to go to church; I left two children at home, one nine and the other seven years old; the prisoner came to see the parents of the child of seven years old; I came home about half past eight o'clock, and missed the things about ten off the ironing-board; the linen was in a bundle, the silk stockings, hung upon the horse in the other room; I take in washing; there had been eight pair of silk stockings, but he left four odd ones behind; I have never seen them since; I went the same evening to his mother's; I have known him some time; his mother sent him abroad about three years ago, and he has lately come back; I met him after that, and I laid hold of him, but he made a blow at me and got away; in a few days after that I met with him again in Dyot-street, and laid hold of him again, and he got away from me again, and then I gave information at the office in Bow-street, and they took him.

JOHN BIRKS sworn. - I was looking out at the window between six and seven o'clock; the prisoner came and knocked at Mrs. Chaloner's door; nobody came for a minute or two, and then he knocked again, and then the door was opened; the prisoner went in, and I saw no more of him for ten minutes or a quarter of an hour; then the prisoner came out again with a bundle under his arm, a large bundle wrapped up in a fort of a coarse apron or something of that kind; the prisoner went up the street, and I saw no more of him.

Q. (To Mrs. Chaloner.) How had you left this bundle? - A. In a brownish sheet.

JOHN GLOVER called. - Q. How old are you? - A. Seven.

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

Q. What will become of you if you do not tell the truth? - A. I shall be taken up and put in prison.

Q.What will become of you after your death, if you do not speak the truth? - A. I shall go to the naughty man. (He is sworn.)

Q. Do you remember any person coming to your house of a Sunday night, about six weeks ago? - A. Yes, Thomas Allen ; I had seen him often before at our house, and he gave Dick a penny to buy some cakes; I was in the yard at play when he came in, and he sat down upon a box in the passage by the yard door; I went into the yard again to play; he said he would not go away till I went to play; he went away, and then I went after him, and saw he had got a bundle under his arm in a red pocket-handkerchief, he had the bundle tied in it.

Q. Now are you quite sure the prisoner is the man that you saw go away with the bundle? - A. Yes, I am.

WILLIAM BLACK sworn. - I live next door to Mrs. Chaloner; I am an officer belonging to Bow-street; I desired her to let me know if she could tell where he was to be found; she sent for me, and I searched Dyot-street for him without effect; the next morning I went again to Dyot-street, between eight and nine, and sat in a house to watch; I took him just as he was going in at a door in Dyot-street.

Prisoner's defence. I came home from sea about a month ago; I called on the Sunday evening to ask Mrs. Glover how she did, as she was a relation of my mother's, and they said it was me that robbed the house, because I had a blue coat on.

GUILTY DEATH . (Aged 20.)

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

Reference Number: t17980912-27

492. THOMAS SUMMERS and JOHN RUDD were indicted for feloniously stealing on the 15th of August two tones weight of Aberdeen paving stones, value 40s. the property of Alexander Goudge .

ALEXANDER GOUDGE sworn. - Examined by Mr. Knapp. I am a pavier in White-lion-street, Norton Falgate: On the 13th of last month I had a ship at Hawley's wharf, East Smithfield , but that wharf doing a great deal of business, we were obliged to cart them away as soon as they were thrown on shore; this cargo was a particular cargo of small granite stones from Aberdeen.

Q. Did you employ a person of the name of Yandall to cart away these stones from the wharf to your premises? - A. I did that cargo.

Q. Have you seen those stones since? - A. Yes, in Mr. Batho's yard; I went there in consequence of some information on the 24th, and there I saw 600 weight of stones, of the value of from 40s. to 50s. they correspond exactly in size and quality with those I landed myself, as near as possible.

Q. From the correspondence of the species and sort of stones, were they of the like quality with these? - A. I never saw any correspond so much;

they were a particular kind of stones for paving stables.

JOSEPH BATHO sworn. I am a pavier, in partnership with my father.

Q. Do you know a person of the name of Gate-house? - A. I do; I was desired by my father to meet him in Nightingale-lane, in consequence of a bargain having been made between them; I went to Gatehouse to know in what manner he came by the stones which he shewed to me in a place called Black-horse-yard; I asked him how he came by them, and from his vague manner of answering me, I had a suspicion; he took me to the Dundee arms, in Nightingale-lane, and there introduced me to the landlady of the house, and she informed me she had lent Gatehouse thirteen shillings to pay for these stones; in consequence of that I thought it was considerably under price, and I mentioned my suspicions to my father; we consulted, and thought it best to remove the stones to our town premises for security; they were what we call six and seven inch Aberdeen granites; I removed them to our yard, and on the Wednesday morning I applied to Mr. Goudge, mentioning that I thought these stones were his property; my father had agreed with Gatehouse for 1l. 11s. 6d. they are worth more than that; I appointed Gate-house to come for the money, and I appointed Mr. Goudge to come at the same time; they met, and in consequence of his strange way of telling how he came by them, we all three went to Nightingale-lane to make enquiries of a Mr. Huffin, that he said, he had bought them of, but Mr. Huffin said, he had given him no orders to purchase stones; then he said they came out of a Scotch vessel at New-crane, Wapping, and we knew very well that no Scotch vessels ever came there; then he said he had them from two men that drove a brick cart, but did not know who they were; then suspicions fell upon the two prisoners, who had worked for Mr. Yandall; I went with Mr. Goudge, and they were taken up.

Cross-examined by Mr. Alley. Q. Gatehouse gave different accounts of these stones? - A. Yes.

Q. Which excited your suspicion of him? - A. Yes.

Court. Q. What kind of stones were these? - A. For paving stables; they are a kind of stones seldom imported.

EDWARD YANDALL sworn. - Examined by Mr. Knapp. I am a master carman; I had orders from Mr. Goudge to cart away stones from Hawley's wharf; we carted some on the 14th, some on the 15th, and some on the 16th of last month; the two prisoners were employed by me for that purpose; there were ten loads each day; I pay them so much a turn each day.

Cross-examined by Mr. Alley. Q. Do you know what quantity of stones you had received? - A. We generally draw about two ton and a half.

Q. Were there any other persons employed at that place? - A. Not by me.

Q. You booked their work every night? - A. Yes.

Q. And if you had observed any thing improper, you would have noticed it at the time? - A. Certainly if I had known it.

EDMUND CRAY sworn. - Examined by Mr. Knapp. On the 15th of August the two prisoners brought in but nine loads instead of ten.

Q. Do you know what sort of stones those were? - A. Yes, granites, nine inches deep; I was not out of the yard the whole day.

Cross-examined by Mr. Alley. Q. All you mean to say is, that the prisoners brought nine loads of stones? - A. Yes.

Q. You do not know how many loads were delivered to them at the wharf? - A. No.

Q. Therefore nine loads might have been all that were delivered to them for any thing you know? - A. I cannot say, I was not at the wharf.

Court. (To Yandall.) Q. Did they, upon the 15th, represent to you that they had carried ten loads? - A. They did, and it was booked accordingly; I have my book here (produces it); it is read: 15th, ten loads of stones, Hermitage Tenter-ground, Rudd and Summers.

Mr. Alley. Q. Was that book made from what the prisoners said to you, or is it taken down from any thing that any body else has told you? - A. No, I had it from themselves.

MICHAEL BROWN sworn. - Examined by Mr. Knapp. I am a pavier in Virginia-street, Ratcliff-highway; I think I know the prisoner Summers; he shot a load of stones on the 15th or 16th of August, I will not be positive which, on my premises, at the back of one of my house.

Q. What sort of stones were they? - A. What we call six inch Aberdeen granite; I made him load them again, and take them away off my premises, because I did not think they were honestly come by.

Cross-examined by Mr. Knapp. - Q. You will not swear it was Summers? - A. No; but to the best of my knowledge he is the man.

JOHN GATEHOUSE sworn. - Examined by Mr. Knapp. I am a pavier.

Q. Do you know the prisoners, Rudd and Summers? - A. I cannot say that I do.

Q. How came you before to have said that you did? - A. I never have said so; I might have seen the men before, because I saw them at the Rotation-office twice, and once at Clerkenwell.

Q. How often have you been in Clerkenwell

prison since they have been in custody? - A. Only the same day.

Q. So you do not recollect whether you had ever seen these men before that time? - A. No; there was a man came to me about some stones, but I was so much in liquor that I do not know who he was.

Q. Did you share any money as the profit of any granite stones? - A. No; they told me I paid some money; the landlady said, she had lent me thirteen shillings, but what for I cannot tell.

WILLIAM TREASURE sworn. I am a pavier.

Q. Do you know Gatehouse? - A. Yes; I am employed by him.

Q. Do you know the prisoners at the bar? - A. Yes; I saw them, on a Sunday in August, at the Dundee-arms, in Nightingale-lane.

Q. Was anybody else by at the time? - A.Gate-house.

Q. What did the prisoners come for? - A. I cannot say; I was coming up Nightingale-lane, and Gatehouse called me in to have a drink of beer; I saw him pay some money to the prisoners, but I do not know what is was for.

Q. Then you do not know any thing at all about any stones in Black-horse-yard? - A. No.

Court. (To Goudge.) Q. What sort of a stone is a nine inch deep stones? - A. That old man is ninety-two years of age, and he has made a mistake in giving his evidence.

The prisoners left the irdefence to their Counsel, and Summers called two witnesses who gave him a good character.

Summers, GUILTY (Aged 40.)

Rudd, GUILTY (Aged 51.)

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

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

Reference Number: t17980912-28

493. JOSEPH PEACHEY was indicted for feloniously stealing, on the 7th of July , twenty-nine yards of woollen cloth, value 22l. the property of Edward Roberts , in his dwelling-house .

EDWARD ROBERTS sworn. - I am a woollen-draper , in Bedford-court : On the 7th of July, I lost a quantity of woollen cloth, sixteen yards of superfine, and not quite fourteen yards of an inferior cloth; the prisoner came to my house on the Saturday afternoon between three and four o'clock, I was then in my parlour, and, in fact, where I did not think I could be seen in the shop; it struck me that there was somebody in the shop, I turned round and saw the prisoner, with the cloth, going out at the door; I followed him immediately with out my hat, he went down Bedford-court, I followed him; when he had got a little way he turned back, and I saw his face very clearly; he then mended his pace, went down Chandos-street, into Castle-court; finding he was going rather a-head of me, I cried out, stop thief, and he ran; he then threw the cloth down, which I saw him do, I passed he cloth, and continued crying stop thief; when I came to the bottom of Castle-court, I saw him upon the pavement on the other side of he Strand; I called out, that is the man; he then sprung round quickly, and turned down Durham-yard; a general pursuit then took place, and he was taken by some persons, who are here, in Durham-yard; he was brought back to my house, and the cloth was brought to my house by a woman, who is here,(produces the cloth); the same string that was round the cloth then is round it now, and I can swear to the cloth by the numbers upon it, and I have tickets of the cloth in my own shop besides; I have not the least doubt upon earth of the cloth being mine.

Cross-examined by Mr. Alley. Q. You pursued through a number of courts and turnings, and therefore must have lost sight of the person? - A. No; I was in sight of him all the time till after he dropped the cloth; in going down Durham-yard I lost sight of him.

Q. That was at a considerable distance from the Strand? - A. Yes.

Q. You did not see the face of the person while he was in your shop? - A. No, only his back.

Q. Have you any partner? - A. No, I have not.

Court. Q. Was the person that was brought back from Durham-yard, the same person that you had followed from your shop with the cloth? - A. Yes, I am certain of it.

JAMES ENGLISH sworn. - I am a watch-maker, I live at the corner of Durham-yard: I heard the cry of stop thief, I saw the prisoner run across the Strand, he turned down Durham-yard, I followed him close upon his heels; he ran under the Adelphiwharf, where I took him, and brought him up to Mr. Roberts's shop, and there we kept him till we got an officer to take him to Bow-street.

ABRAHAM RIDE sworn. - I work at Mr. Philpot's wharf: I was going down to the accompting-house, and heard a cry of stop thief; I stopped the man, and he told me he would give me a guinea and a half to let him go; I told him, no, if he was my brother, or my father, I would not let him go.

Cross-examined by Mr. Alley. Q. Did not you take hold of another man at the same time? - A. No, I did not.

ANN LARGIN sworn. - I sell fruit in Castle-court; The cloth was thrown against my back.

Prisoner's defence. I was going through the Strand, and down Durham-yard, when that man laid hold

of me, and another man at the same time; I know nothing at all about the cloth.

GUILTY DEATH . (Aged 22).

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

Reference Number: t17980912-29

494. SUSANNAH TAYLOR was indicted for that she, on the 20th of August , being in the dwelling-house of Thomas Draper , feloniously did steal nine dimity petticoats, value 38s. three muslin frocks, value 40s. two damask table-cloths, value 20s. a diaper table-cloth, value 2s. a linen sheet, value 10s. a counterpane, value 10s. a linen shirt, value 4s. two neckcloths, value 2s. four pair of cotton stockings, value 8s. a pocket-handkerchief, value 6d. a muslin handkerchief, value 1s. two muslin gowns and petticoats, value 30s. two cotton frocks, value 2s. a dimity waistcoat, value 2s. a silver milk pot, value 12s. six silver tea-spoons, value 12s. a pair of silver falts, value 12s. and six silver table-spoons, value 40s. the property of Thomas Draper; and the indictment further stated, that about the hour of twelve at night, of the same day, she, the same dwelling-house, did feloniously and burglariously break and get therefrom , against the from of the statute.

THOMAS DRAPER sworn. - I am a sadler , I live at Stoke-Newington, in the parish of St. John, Hackney ; I carry on business in Bishopsgate-street, the prisoner at the bar was my servant : On Tuesday, the 21st of August last, I got up about seven o'clock in the morning, I went into the kitchen, and the windows were not open, nor the fires lighted; I then went up stairs into the front parlour, and saw the sash pushed up as high as it could be pushed, and the shutters not fastened; I could not find my servant, I went up stairs and alarmed my family.

Q. Was the sash fastened over night? - A. I am not quite sure, but I thought it was bolted, or else I should have fastened it, it was down; when I came down I missed the things named in the indictment; I missed some of the articles, and my wife and daughter missed the rest; I missed a silver milk-pot, six tea-spoons, two silver salt-ladles, one pair of silver salts, and six silver table-spoons; I had seen some of them the day before, two tablespoons were about in common, and the milk-pot was upon the board in common use; I always lock the street-door, and carry the key up, and we thought she must have got out at the window; the next morning I went to be shaved, and saw a Mr. Clark, a pawnbroker, and I told him what the things were, and begged him to stop them and the parties if they should be offered to him; he went out and came back directly, and said, his man had taken the spoons in that mornings; he then advised me to go to the different pawnbrokers; Mr. Clark went with me, and the first we went to from his house was Mr. Davison's, a pawnbroker, and he said, he believed he had two of the spoons; he produced two of the table-spoons, and likewise a gown and petticoat belonging to my wife. We then went to several other pawnbrokers.

Q. Do you know any thing more about the prisoner at all? - A. No.

Q. Nor had any conversation with her? - A. None.

Prisoner. At times I have been very insensible, that I have not known what I have been doing.

Court. (To Draper). Q. Did you ever perceive that in her? - A. No; she had only lived with us three weeks.

JOHN BRIDGEN sworn. - I am servant to Mr. Clark, a pawnbroker, in Bishopsgate-street; On Tuesday, the 21st of August, the prisoner at the bar came to our shop between seven and eight in the morning, and brought a pair of table-spoons, and asked me to lend her seventeen shillings upon them; I lent her seventeen shillings upon them; I asked her whose spoons they were; she said, they were her mistress's, Mary White , a Housekeeper, No. 5, New-street. I am sure the prisoner is the same woman.

Draper. These are my spoons, I can swear to them; here is a crest upon them, with the initials of Thomas and Jemima Draper .

JOHN KUFF sworn. - I live with Mr. Fullwood, pawnbroker, No. 30, Barbican: On Tuesday, the 21st of August, between six and seven o'clock in the evening, the prisoner came to me, and offered to pledge a gown, petticoat, waistcoat, two frocks, and a handkerchief. Mr. Draper had informed me, that morning, that his servant had robbed him, and I stopped her.

JEMIMA DRAPER sworn. - I known this petticoat to be mine, it is tucked and flounced; this is the gown belonging to it; that waistcoat I am quite sure of, it has been many years in wear; and these frocks, I have the patterns in my pocket. I can swear positively to all these things.

Prisoner. My mistress knows that my head was bad.

Mrs. Draper. She has complained of her head; when she has had a little liquor, her head has been bad, but otherwise she was very well.

Prisoner's defence. I found my head getting bad, and I wished my mistress to discharge me the week before, but she said, I was a good servant, and did not like to part with me.

Mrs. Draper. I had a very good character with her; she did want to go a week before, and I did not like to part with her.

Mr. Kirby. One of my turnkeys knew her when she was at the mad-house, at Hoxton.

GUILTY (Aged 58.)

Of stealing to the value of 39s.

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

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

Reference Number: t17980912-30

495. JAMES HARDWICKE, otherwise TAYLOR , was indicted for feloniously stealing, on the 17th of July , three pair of silk stockings, value 32s. and pair of cotton drawers, value 4s. the property of Richard Thresher .

(The witnesses were examined apart at the request of the prisoner).

RICHARD THRESHER sworn. - The prisoner came into my shop, on Tuesday, the 17th of July, between the hours of three and four, and a woman with him; she asked to look at some cotton stockings; I shewed her one parcel, which did not suit her; I then produced another bundle, and she made choice of one pair, which were paid for, five shillings; just at that moment came on a violent shower of rain and a thunder storm; they were very well dressed, the man had not the appearance then that he has now; I asked them if they would stay till the rain was over, which they accepted; I quitted the counter, and went to my desk. In a very short time after, my nephew, who is my shopman, came round to me, and wrote upon a piece of paper, that the prisoner at the bar had pocketed some silk stockings; I asked him, if he was sure of the fact, he said, he was. The man and woman both drew towards the door, it then rained very hard; one was standing on one side the door, and the other on the other; I told them, they had better stop till the rain was over; the man said, no, he did not mind a little rain, and was in the act of moving off; upon which, I took hold of him by the collar, and pulled him into the shop; he, at that instant, turned his back to the counter, and pulled these goods out of his pocket, I saw him pull them out; there are three pair of silk stockings and a pair of cotton drawers, which I am sure are my property; the silk stockings are my own manufacture, there is my name in them; and the drawers I know, because they tally exactly with the quantity that I had of this quality. The counters were a good deal confused at the time, and there were a number of stockings upon them. He made a great deal of resistance, broke my shin in two places; he could not escape that way, and he ran up stairs, threw up the window, and got in at my next door neighbour's. We sent for assistance from Bow-street, and he was taken.

Cross-examined by the Prisoner. Q. Were there any other people in the shop at the time? - A. Yes; two gentlemen that had been giving me an order for the Indies, they were the sons of Mr. Cooper, of Southampton-buildings; there was likewise a lady, of Argyle-street, whom I know perfectly; she saw the whole of the transaction.

Q. Were there any other things upon the opposite counter? - A. No stockings.

Q. Did I not buy the cotton stockings? - A. No.

Q. Did I not give you half-a-guinea, and receive five shillings and sixpence in change? - A. I cannot say whether the half-guinea came from the prisoner's pocket, or the woman's.

Court. Q. Which pocket did he take them out of? - A. I cannot say positively, it was so instantaneous, that I cannot say, I believe he put his hand in both pockets, but I am positive he took them out of either one pocket or the other.

JOHN THRESHER sworn. - I came home about three o'clock, I saw the prisoner there, and knowing his face, and having missed things after he had been gone, I watched him, and saw him put three pair of silk stockings into his pocket; upon which, I immediately informed Mr. Thresher, by a note; if I had spoke, he must have heard me; by that time, the prisoner was gone outside of the door, with the stockings in his pocket; Mr. Thresher then laid hold of him, and told him, he had got some things that he should not have, and pulled him into the shop; he wanted to be searched; I told him, it was of no use to be searched, for I had seen what he had taken. We immediately sent for a constable to secure him; and he struck me several times, in attempting to get from us.

Cross-examined by the Prisoner. Q. Did you not say, before the Magistrate, that you could not swear that you saw me take them out of my pocket? - A. I did not see you take them out of your pocket, I saw them immediately after they were pulled out. I am positive I saw him put them in his pocket.

PHILIP FIRMIN sworn. - I live next door to Mr. Thresher: On Tuesday, the 17th, between three and four, the prisoner came in at my front window up one pair of stairs; I was at dinner; I met him on the stairs, he appeared very much confused; I got him into the counting-house, and there we secured him; he resisted very much, and gave himself many unnecessary airs; it was with great difficulty that we secured him.

Prisoner's defence. I had been drinking a great deal; I have had a fractured skull twice, and my brain is affected at times.

GUILTY .

Transported for seven years .

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

Reference Number: t17980912-31

497. THOMAS WARD was indicted for feloniously stealing on the 22d of August , a silver tea-spoon, value 12d. the property of Hans-William Willoughby , and a silver stock-buckle, value 4s. the property of Samuel Wray .

SAMUEL WRAY sworn - I am servant to Mr. Willoughby, of Highbury-barn : On the 22d or 23d of August we lost a tea-spoon in the night; I got up to mowing in the morning, and the tea-spoon was gone, I had the care of it; the property was found upon the prisoner a day or two after by a person who is here, his name is Coggeshall; there is Highbury marked upon the spoon.

RICHARD COGGESHALL sworn. - I am a constable of the parish of Christ Church; I was sent for to the Duke of York, to take the prisoner upon the charge of uttering counterfeit money; I told him I was a constable, and insisted upon searching him; I found a silver tea-spoon bent in this manner (producing it), and this silver stock-buckle set with stones; I went up to Mr. Willoughby to inform him of it; he told me the spoon was his property.

Wray. This stock-buckle is my property, I can swear to it with certainty.

Prisoner's defence. I had been out of place about a week, I heard of a place at the Windmill-inn, St. John-street, and then I met a man who used to be a waiter at the Paul's-head, Cateaton-street, and he gave them to me to sell for him, and told me to meet him the next day at Highburybarn; he said he was going up there as day waiter.

NOT GUILTY .

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

Reference Number: t17980912-32

498. SARAH CLARK was indicted, for that she, on the 18th of September, in the 32d year of his Majesty's reign, by the name of Sarah Wright , spinster, did marry Henry Clark , and afterwards, on the 19th of June, in the 38th year of his Majesty's reign , did take to husband one George Hale , Henry Clark , her former husband, being then alive .

GEORGE HALE sworn. - I was married to the prisoner at St. Ann's, Soho , on the 19th of last June; I have the register of my marriage. (Produces it.)

Cross-examined by Mr. Gurney. Q. How long had you known this woman before you married her? - A. About three months.

Q. She had visited you, or you her? - A. The first meeting we had was in the street, in Long-acre.

Q. Where was the next interview? - A. She called upon me.

Q. How many times might she call upon you? - A.Several times.

Q. Did you ever call upon her? - A. No, I never did; I went to her friends; I had called upon her at her first cousin's; she said her husband had been dead a twelvemonth.

Q. You never visited her at her own home? - A. No; and when we came to the point of marriage, she put me to my oath that I should have her, and no other woman.

Q. Upon your oath, did not you know that she was a married woman, and have you not done this in order to prevent a prosecution against yourself? - A. No; she said her husband was dead.

Q. What gave you any suspicion that she was married? - A. I had no suspicion of it.

Q. You found it out in a fortnight after? - A. Yes.

Q. And you might have found it out before if you had made the same enquiry? - A. Yes; she was with me one week, and then she went away from me to her first husband, and in a fortnight after I found out that she was married.

Court. Q. You met with her first in Long-acre? - A. Yes, after I left work in the evening, she was coming home with some linen, I believe, or something of that sort, she had a bundle in her hand.

Mr. Gurney. Q. Have you ever made her an offer since she has been in Newgate, that if she would come back and live with you, you would not prosecute her? - A. No, I have not; it was her first husband that took her up, and he has used me very ill, and would not come to the Court; and then he said, if I would not come forward and prosecute he would prosecute me; and then he said he wished he had not done it, for he wanted to live with her again.

ANN QUILTER sworn. - I was present at the first marriage.

Q. Have you got the register here? - A. No, the first husband has got it; she was married at the church of Great Coggeshall; her husband's name was Henry Clark.

Q. How long ago is it? - A. About six years, as near as I can tell.

Q. Did they live together as man and wife after? - A. Yes.

Q. Is he now living? - A. Yes, he is.

GUILTY .

Fined 1s. and imprisoned three months .

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

Reference Number: t17980912-33

499. JOSEPH HAWKES was indicted for feloniously stealing on the 25th of July , forty-four pounds weight of lead, value 8s. belonging to George Romney , Esq . fixed to a certain house of his , against the form of the statute.

(The case was opened by Mr. Vaillant.)

WILLIAM CAMBLIN sworn. - I am a patrol at Hampstead : On the 25th of July I was upon my beat with Dyker; we met the prisoner with a load upon his back at half past two in the morning, upon the Heath, about a quarter of a mile from Mr. Romney's; I asked him what he had got there; he said, you see; I told him to stop, and I called my partner and took him to the watch-house, and under a high wall we found a quantity of lead; we took him to Mr. Bond the next morning, and he directed me to take him to Hatton-garden. Mr. Cook came up to Mr. Bond's house, and the lead was sent to the top of Mr. Romney's house; I did not go with it.

DAVID DYKER sworn. - I was with Camblin, I collared the prisoner and assisted in taking him to Mr. Bond's; he had a quantity of lead upon his back; I went with Mr. Cook, the plumber, and the lead, to Mr. Romney's house; Mr. Cook fitted it to the top of the house.

THOMAS COOK sworn. - I am a plumber; I put the lead upon the top of Mr. Romney's house; I was sent for by Mr. Bond on the 26th of July, and fitted the lead on, there were 44 pounds of it,(produces it); it was a hip that was taken off, and the nail-holes corresponded.

Q. Are you able to say with certaintly, that that lead came from the top of Mr. Romney's house? - A. Yes; I put the lead on the house originally, about five or six months before.

Prisoner's defence. I went to ease myself against the wall, and picked up the lead; I made no resistance.

GUILTY (Aged 33).

Transported for seven years .

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

Reference Number: t17980912-34

500. RICHARD LLOYD was indicted for feloniously stealing, on the 13th of August , an iron coulter, value 3s. two iron tucks, value 12d. two iron keys, value 2d. and two iron bolts, value 6d. the property of James Sheares , and three iron thimbles, value 2s. the property of John Hall .

JAMES SHEARES sworn. - I live at Kensington : On the 13th of August I lost the iron work belonging to a plough, a coulter, two tucks, two bolts, and two keys; when I went down to the plough, I missed them; when I went home at breakfast time, I heard that Mr. Hall's man had taken a man with some iron; I went to Mr. Hall's to see if my iron was there or not (produces it); I know this coulter to be mine, it is marked with a cross.

Q. Is that a mark that is commonly upon it, or one that you ordered to be put upon it? - A. No, I did not order it.

Q. There may be that cross upon other coulters besides your's? - A. Yes, there may.

Q. Is that all you know it by? - A. Yes; the tucks I cannot swear to, they fitted the plough exactly.

Q. Can you undertake to say that these are the irons belonging to your plough? - A. I am satisfied they are the irons belonging to my plough.

CHRISTOPHER NORTH sworn. - I am servant to Mr. Hall; I took these pieces of iron from the prisoner, there are three thimbles that I know to be Mr. Hall's, they were broke off a gate; I took them to the gate and tried them; I am sure they are Mr. Hall's every hole fits the place; I found a great quantity more of iron within a few yards of the same spot; when I saw him, he was bringing Mr. Sheares's coulter out at the gate.

Prisoner's defence. I had nothing in my hand at all when they laid hold of me; one of the men had a pistol, and they said I had been pulling the gate to pieces; I told them I would go with them, and they might see. GUILTY (Aged 45.)

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

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

Reference Number: t17980912-35

501. GEORGE ROSE was indicted for feloniously stealing on the 16th of August , a muslin shawl, value 1s. 6d. and two silk handkerchiefs, value 4s. the property of Henry Spinkes .

HENRY SPINKES sworn. - I am a publican , in the Minories : I was not at home at the time the things were lost.

JANE SPINKES sworn. - I am the wife of Henry Spinkes : The prisoner, George Rose , came to our house on the 11th of August, he said, he had come home in one of the Indiamen, and he was a perfect stranger in London, and wished to have a lodging: he laid that night at our house; and then he asked me to lend him five shillings, which I did; he said, his clothes were at Mr. Wallis's, at Gravesend, and wished me to accommodate him with a clean shirt till he could get his things; I lent him one, and he went out, and I saw no more of him till Wednesday, the 15th of August, between four and five in the afternoon, he came in a coach, and was very much in liquor; I told him to go and lie down, which he did for two hours; he asked me to lend him 5s. more; I told him I should do no such thing, and as he was walking towards me, I saw a shawl of mine hanging out of his pocket, I had been washing them; I sent up the servant to see how the things were, and she came down, and said, there were a great many handkerchiefs and things gone; upon that I went up and found two silk handkerchiefs and the shawl missing; I then came down and sent for an officer; he found the silk

handkerchiefs in his hat, I saw the officer take them out.

JOHN BRIDGER sworn. - I am a headborough of St. George's in the East; I was sent for by Mrs. Spinkes on Wednesday, the 15th of August, about five o'clock; I found these two silk handkerchiefs in his hat. (Produces them.)

Mrs. Spinkes. This is my shawl, and the silk handkerchiefs have the initials of my husband's name.

Prisoner's defence. I was quite groggy, I went up to lie down, I had a 5l. note and two guineas and a half in gold, I had it for wages from the India Company. I came from India in the Marquis of Lansdown East-Indiaman; I had received 14l. 3s. 3d. that day at the India-house, and put it under my pillow, and when I waked my money was gone, and every thing was gone, my neckcloth was gone; there was a woman came into the room while I was there; I have been here four weeks; I have no friends at all, nor any body to give me any thing, but the allowance of bread; somebody had put two handkerchiefs into my hat as it hung upon the nail.

Q. (To Bridger.) What is the character of this house? - A. It is a house of very good character.

Q. Did he say any thing when he was taken up of having been robbed of his note and money? - A. I did not hear him.

MARY CONNOR sworn. Q. Did you ever see any note of his, or money? - A. No, I did not.(Here the Court dispatched a messenger to the India-house, where an enquiry was made.)

Q.(To Mrs. Spinkes.) When George Rose came to you on the 15th of August, did he say any thing about his wages? - A. He said he was going to the Pay-office, at the India-House.

Q. About what time was it? - A. About eleven.

Q. What time did he go out? - A. He did not go out at all that day; he went up stairs for about two hours, between four and five.

JOSEPH RAY sworn. - I am a clerk in the Pay-office in the India-House.

Q. Do you know on what day George Rose received any pay, or any body for him? - A. On the 18th of August.

Q. Who received the money? - A. Margaret Peterson, acting as attorney for Gregory Peterson , who keeps the Ship, in Wapping.

Q. (To Mrs. Spinkes.) What is your sign? - A. The Globe, in Globe-street, Wapping.

Mr. Ray. He signed the bill of sale on the 12th of July. GUILTY (Aged 22.)

The prisoner was recommended by the Jury to the mercy of the Court .

Transported for seven years .

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

Reference Number: t17980912-36

502. ANN PRICE and MARY MADDEN were indicted, the first, for feloniously stealing, on the 6th of September , five muslin handerchiefs, value 4s. two muslin pocket handkerchiefs, value 1s. 6d. a pair of cotton stockings, value 12d. a pair of dimity pockets, value 12d. a muslin cap, value 6d. two towels, value 6d. a linen shift, value 2s. 6d. a dimity petticoat, value 3s. 6d. a muslin gown, value 10s. and a linen gown, value 5s. the property of Susan Smith ; and the other, for receiving the same goods, knowing them to have been stolen .

There being no evidence to affect the prisoners, except the confession of the prisoner, Price, extorted under a promise that it would be better for her, they were.

Both ACQUITTED .

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

Reference Number: t17980912-37

503. ELIZABETH JEAN was indicted for feloniously stealing, on the 2d of August , privately from the person of Elizabeth Trevallion , a half-guinea, a half-crown, a shilling, and two Banknotes, each of the value of 1l. the property of Robert Kell .

ELIZABETH TREVALLION sworn. - I live at No. 1, Hackney-road, facing Shoreditch church; I am an apprentice to Mr. Robert Kell , he is a box-maker : On the 2d of August, about ten o'clock in the morning, I went out with some boxes to Mess. Burton and Busby's, in the Strand, hatters; I received two 1l. Bank-notes and half-a-guinea, half-a-crown, and one shilling; I asked several people in Covent-garden , to give me a pin to pin it up in a bit of rag, I had it in my hand. There were two young women under the Piazzas, I asked them to give me a pin, and one of them did, that was the prisoner; she saw a halfpenny at the top of the money, that I had put to keep the paper down upon it, before I put it in the rag; she asked me, if it was pinned up safe, I told her, it was; she asked me where I was going to put it; I said, in my pocket; she said, for God's sake, not to put it in my pocket, I might lose it out; I said, no, I should not lose it; and she told me to put it down my bosom, she said, she would put it down for me; and she put her hand down, and told me, when I wanted it, to feel on my right side, and I should find it; I was going for some goods for my master, I felt for my money, and could not find it; I went back again to the woman that was sitting by her, and asked her where she was gone; she said, she did not know; and a man told me, she had gone into the public-house, the Old Adam's-arms; I went and found her there; the gentlemen that were sitting there, asked me if I was willing to have her searched; I said, yes; then she denied that she had it; I said, I was sure that she had it; and then she

took it from under her child's petticoats, and flung it under a coal-hole, where there were saucepans and kettles, and it fell among the coals; the beadle of St. Martin's parish picked it up. I saw him pick it up; I told him, there were two 1l. notes very clean, and a half-guinea rather crooked, a half-crown, and one shilling; and he unpinned it, and found it the very same.

ROBERT KELL sworn. - I know nothing about it; all that I know is, that it was my money.

JOHN YOUNG sworn. - I am beadle of St. Martin's parish: On the 2d of August. I was in Bedfordbury, about twelve o'clock, the witness came wringing her hands, and sereaming terribly; I asked her the cause, and she said, a woman with a child, in a bed-gown; that was all I could get out of her; a man passing by, said, there was a woman of that description gone into the Old Scotch-arms; I went in, and charged her with stealing a child, for I did not know what it was; she said, the child was her own: the girl then came in, and said, you cruel woman, you have got my notes and my money, which she denied; then I asked her to go with me into another room, to search her; I took her into that room, and by the corner of the fire-place was a cupboard without a door, and the moment she went into the room, she went up to that place, and turned short; I thought she had thrown something there, she said, she had not; I told her, I should search her, but first I should search that cupboard, where there were pots and kettles and lumber; I began so to do, and was some time in pulling out the pots, and she said, to save further trouble, I did throw it there; I looked for some time, and found it, (produces it); the girl described what was in it, and it tallied with her description.

Prisoner's defence. I was tying up some flowers, under the Piazzas, and this girl came up and asked me for a pin, which I gave her; and she desired me to put that bit of rag a good way down her bosom, and I did; she staid after that, I dare say, ten minutes, picking up some flowers that I had thrown away; after the was gone, I found the rag among my flowers, and I went with it to this public-house; I heard the girl crying, I told her, I had not got the money, I had got the bit of rag, and threw it under that place.

GUILTY of stealing, but not privately . (Aged 24).

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

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

Reference Number: t17980912-38

504. MARY BARBER was indicted for feloniously stealing, on the 10th of July , two cotton gowns, value 20s. a black calimanco petticoat, value 7s. a white dimity petticoat, value 7s. a black silk cloak, value 10s. 6d. a muslin shawl, value 3s. a muslin apron, value 2s. a silver hatbuckle, value 12d. and a pair of stays, value 8s. the property of Mary Sheath , in her dwelling-house .

MARY SHEATH sworn. - On the 10th of July, I lost the things mentioned in the indictment, (repeating them). I left the prisoner in the care of my place when I was out; she had a room in my house, in Maypole-court, East-Smithfield ; there was nobody else left in the house; my brother came to fetch me to nurse my sister in her lying-in. I came home on the Tuesday, and found the things taken away out of my drawers, and the prisoner gone. I found her afterwards, and the tickets were found upon her. She had left the key with a neighbour next door.

JAMES SMITH sworn. - I am an apprentice to a pawnbroker: I know the prisoner at the bar, she commonly dealt at our shop: On the 10th day of July last, she brought a muslin apron striped, which she pledged with me. (Produces it).

Mrs. Sheath. I know this to be my apron by a tear in the gathers.

JAMES BRUCE sworn. - I am servant to a pawnbroker: On the 10th of July, I took in a cotton gown, a dimity petticoat, and a muslin handkerchief, from a young woman, but I cannot say it was the prisoner. (Produces them).

Mrs. Sheath. I know this shawl to be mine by a hole at the corner; and here are two yellow spots in it, where it had been rather mildewed; I have no doubt this dimity petticoat is mine, the top of it is turned in, instead of being cut off, which is very uncommon; this gown I had altered and made long sleeved; I altered it myself in the body.

Prisoner's defence. That woman enticed me away from my mother, and introduced me into bad company, because her husband was under sentence of death, and she had no other means of getting a livelihood.

PETER WILSON sworn. - I have known the prisoner seven years, she is a very honest girl, I live next door to her, the prosecutrix has taught her bad tricks, and enticed her away from her father and mother; she is about eighteen years of age; they went to take a house of ill same together. Mrs. Sheath has gone under that character many years.

ANN WILSON sworn. - I am the wife of the last witness: I have known her five or six years, she is a very honest girl; her father and mother are hard working people, and she used to go to service. It is reported, that the prosecutrix enticed her away from her father's house.

EDWARD DURDON sworn. - The prisoner's father and I have worked together fourteen years; I

never heard any bad character of her from her infancy, barring this transaction.

NOT GUILTY .

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

Reference Number: t17980912-39

505. ELIZABETH GREEN was indicted for feloniously stealing, on the 9th of July , a black silk bonnet, value 1s. 6d. a cloth apron, value 6d. a yard of white ribbon, value 1d. and 3s. 6d. in money, the property of Jeremiah Crawley , privately from the person of Mary Crawley .

MARY CRAWLEY sworn. - I am the wife of Jeremiah Crawley : I lost the bonnet off my head, and my apron, and three shillings and sixpence out of my pocket; I went to the Swan with Two Necks, in Tothill-street , and the prisoner was standing there; I enquired for one Mrs. Wood, and the prisoner went with me to get me a room; she took me to the house, and took me backwards to the necessary, I wanted to go there; I had been up all night, and happened to fall asleep, and she cut my apron-string and took it, and she took my bonnet off, and three shillings and sixpence out of my pocket; the duplicates were found upon her by the constable.

THOMAS SPALDING sworn. - I am a soldier in the third regiment of guards, I rent the house where this theft was committed: I had occasion to go to the necessary and this old lady was crying there; I asked her what she was crying about, and she told me she had been robbed; I asked her what she had been robbed of; she told me a woman had brought her in there, and had cut the apron from her side, and had taken a silk bonnet off her head, and three shillings and sixpence in silver; I asked her who it was that had robbed her; and she said a woman, she did not know where she was gone to; and then I asked her if she should know the woman if she saw her; so I called my own wife, and another woman, and she said neither of them was her; so I went out at the door, and enquired who had brought this woman in, and I learned it was the prisoner at the bar; I had known her by sight before, I live in the Almonry; I found out the prisoner, and sent for an officer to search her, his name is Eastwood; I saw him take a duplicate out of her bosom of the apron and the bonnet.

DAVID EASTWOOD sworn. - I am a patrol belonging to Bow-street: The last witness came for me to apprehend the prisoner; I went with him and saw the person that had been robbed, and the prisoner at the bar; I asked the prisoner if she had robbed that poor old woman; she said, no; I said, I am a government officer, and I will search you; I put my hand down her bosom, and between her stays and her skin, I found a private pocket, in which there was the ticket of the bonnet and the apron; I then left her in the custody of Spalding, while I went to the pawnbrokers, where I found the property.(Produces it).

Mrs. Crawley. This is my bonnet, it is the best bonnet I have got to my head; I know the apron by there being a white ribbon along the top of it.

- BURRELL sworn. - I am servant to Mr. Parker, a pawnbroker: I took in these things of the prisoner, on the 9th of July.

Prisoner's defence. I met a woman with a barrow, she gave me the things to pawn, and I pawned them for one shilling; I gave her the shilling, but had not time to give her the duplicate before I was taken up.

GUILTY of stealing to the value of 10d.

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

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

Reference Number: t17980912-40

506. JAMES ROBINSON , ANN ROBINSON , and ELIZABETH wife of JOHN ROBINSON , were indicted for breaking and entering the dwelling-house of Richard Robinson , about the hour of two in the night of the 22d of June , and burglariously stealing a silver castor-stand with a wooden bottom, value 3l. 3s. six silver table-spoons, value 5l. seven silver tea-spoons, value 1l. 10s. a pair of silver salts, value 2l. a silver milk-pot, value 1l. a base metal wine-strainer plated with silver, value 7s. a silver punch-ladle, value 10s. 6d. two silver salt-spoons, value 5s. a pair of silver sleeve-buttons, value 2s. a gold breast-buckle, value 3s. a hat, value 10s. 6d. a pocket-book, value 16s. three linen shirts, value 1l. 10s. a yard and a quarter of cambric, value 1l. a silk handkerchief, value 3s. eleven yards of linen cloth, value 1l. 10s. and a linen handkerchief, value 2d. the property of the said Richard Robinson ; six silver spoons, value 1l. 1s. a gold enamelled picture-frame, value 5l. 5s. a gold ring, value 12s. another gold ring, value 9s. a pair of gold ear-rings, value 4s. two gold drop ear-rings, value 10s. a cut-glass necklace, value 4s. a pair of stone ear-drops, value 2s. a dimity petticoat, value 2s. six pair of silk stockings, value 18s. three pair of cotton stockings, value 8s. six aprons, value 2l. two cotton gown pieces, value 2l. 18s. a muslin gown piece, value 2l. 16s. nine yards of calico, value 1l. 3s. five yards of linen cloth, value 1l. a muslin cloak, value 5s. seven yards and a half of lace, value 1l. two pounds weight of thread, value 2s. one pound weight of sewing cotton, value 1s. a wooden crimping-board and roller, value 6d. and a leather trunk, value 2s. the property of Margaret Wilson , spinster; and a Bank-note, value 1l. the property of the said Richard Robinson .

There being on evidence to bring the charge home to the prisoner, they were.

All Three ACQUITTED .

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

Reference Number: t17980912-41

507. JAMES HONEY was indicted for feloniously stealing, on the 24th of July , in the dwelling-house of Thomas Lock , a guinea, three shillings, and two one pound Bank-notes, the property of the said Thomas .

THOMAS LOCK sworn. - I keep the Bell-inn, in Warwick-lane : On the 24th of July last, I was standing in a passage leading from Newgate-market to our yard, and the prisoner came up to me; some little time ago I had made some alterations in the house, and the prisoner congratulated me upon my success, and took me by the hand; I had known him by sight, he was formerly a master butcher many years; I believe he said he would go in, and take something to drink; I went into the bar with him, this was about half past five in the evening; previous to that, I had desired my wife to put three pounds four shillings out of the till, it was lying in the bar when the prisoner and I went in: there were two one pound Bank-notes, a guinea, and three shillings; there was a good deal of company in the coffee-room, and I thought somebody called; I went into the coffee-room, and left the prisoner with my wife, and when I returned, he was gone; I pursued him to St. John's-lane, where I heard he lived, I found he did not; I called in at the Fortune-of-war, the corner of Cock-lane, and found him at No. 9, in it; I directly collared him, and said, you have taken some money from me; says he, I know nothing of it; upon which, I said, I would send for an officer; the prisoner said, he was an officer himself; I said, that was of no consequence, I would send for another; while the person was gone, he wished very much to go out, I said, he should not go from me till the officer came; he then again requested it; I observed him rather agitated, and he had his hand in his left-hand breeches-pocket; I told the officer to do his duty, and that he had better put his hand into that pocket first, which the officer did, and pulled out two one pound Bank-notes, a guinea, and three shillings, with five counterfeit guineas, pocket-pieces; the moment the money was out, he put it on the table, and said, I found it in your passage, and any body else might as well have taken it as I. I was a little agitated, and left him with the constable.

Q. Have you known much of him - has he been a respectable man? - A. Yes.

Cross-examined by Mr. Gurney. Q. When you say counterfeit guineas, you mean pocket-pieces, such as are bought of the Jew boys? - A. Yes, he had no other money.

MARY LOCK sworn. - I am the wife of the last witness: On the 24th of July Mr. Lock brought the prisoner to the bar; I had laid down in the bar two one-pound notes, a guinea, and three shillings; my husband went out into the coffee-room; when he came back; I asked him if he had taken up the money, and he said, no.

Cross-examined by Mr. Gurney. Q. There were other persons about your bar? - A. No other person came into the bar.

Q. Was there no person going by? - A. No.

Q. Was your attention so particular as to observe that? - A. Yes.

Q. Should you know the numbers of the notes? - A. No.(The constable produced the property.)

Mr. Lock. These are very much like the notes, but I did not take the numbers.

Court. Nor was it necessary after what has passed.

Mr. Lock. I have made enquiry, my Lord, and I find he has been a very respectable man.(The Court thought it unnecessary to examine a great number of witnesses, who appeared to the prisoner's character.)

GUILTY (Aged 50.)

Of stealing, but not in the dwelling house .

Confined two months in Newgate , and fined 1s.

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

Reference Number: t17980912-42

508. WILLIAM RUSSELL was indicted for feloniously stealing on the 15th of August , a silver tea-pot, value 3l. 10s. and three tea-spoons, value 10s. the property of Arthur Anstey , Esq . and a black silk cloak, value 21s. the property of Elizabeth Patey , spinster , in the dwelling-house of the said Arthur .

(The case was opened by Mr. Watson.)

JOHN BOND , Esq. sworn. - Examined by Mr. Watson. I live in Charlotte-street, Bloomsbury , directly opposite Mr. Anstey's: On the 15th of August I was standing at my drawing-room window a little before seven o'clock; I saw two men, one of them the prisoner, walk by Mr. Anstey's house, I believe twice; the prisoner went down the area, and staid two or three minutes, perhaps not quite so long; he then came up the area steps, with his hand behind his coat; he walked a few doors beyond Mr. Anstey's, and not seeing him at the window, he returned again towards the house; as soon as he saw me at the window, he turned about and walked back again, which he did two or three times; I then sent my servant over to desire they would lock the door, as I suspected this man had some had design, they then locked the area door; in about a quarter of an hour after he returned; we

went after him; with the assistance of two other men we took him and carried him to Bow-street; he had then another person with him, not the person that was with him before; he made very great resistance, he struck my servant once or twice, and they at last pulled him down, he laid upon his back kicking and struggling very hard.

Q. Look at the prisoner, and tell the Jury if you are consident he is the man that went down the area steps? - A. I am sure he is the man, I took particular notice of him.

ELIZABETH PATEY sworn. - Examined by Mr. Watson. I am Mrs. Anstey's maid : About seven o'clock in the evening the property was lost, I had seen my cloak and the tea-pot a few minutes before seven upon the dresser before the window in the housekeeper's room, in the front of the street next the area; I had placed the silver tea-pot and three silver spoons there just before Mr. Bond's servant came over, a little after seven, that might be a a quarter or twenty minutes after seven, and then I discovered the loss.

Q. Where had you gone to from the housekeeper's room? - A. Into the laundry, where I had been ironing.

Court. Q. How near is the housekeeper's room to the door of the area? - A. Very near, but the door was shut, the window was thrown up, and the things taken out that way; it looked into the area.

Court. Q. How was that window when you left the room? - A. The fash was quite down then.

RICHARD PATEY sworn. - Examined by Mr. Watson. The last witness is my daughter: I went to Mr. Anstey's house on the evening of the 15th of August, a few minutes after seven; a few doors before I got to Mr. Anstey's, I met the prisoner coming from another man; I remarked him, and said to my wife, who was with me, that he was a very suspicious character, he had got his hand in his great coat pocket, with his coat pocket twisted up as if he had got something in it; I went on, and in a few minutes he came back again, and passed me, then he made a sudden stop, and he came by me again, I heard something jingle in his pocket.

Q. Look at the prisoner at the bar, and see if you are able to swear that is the man that you saw at that time near Mr. Anstey's? - A. That is the man.

ARTHUR ANSTEY , Esq. sworn. - Examined by Mr. Watson. I have missed the articles in the indictment from the 15th of August, that is all I know of it.

WILLIAM LAWRENCE sworn. - Examined by Mr. Watson. I am servant to Mr. Bond: On the 15th of August, about seven o'clock, I saw the prisoner within about six doors of Mr. Anstey's at the corner of the street; he came again with another man, when I was informed the prisoner was gone past Mr. Anstey's door, Mr. Bond, my master, and me, went in pursuit of him, and when we came near Bedford-square, there was another man with him, and Mr. Bond told me that was the man that went down the area, and directly me and Mr. Patey seized on him; he made a great resistance, and knocked me down; we were obliged to do him before we could come away, and in going along he threatened me, and said, if over he had his Liberty, I should see how he would serve me; he was taken to Bow-street.

Prisoner's defence. I was going along, and this man laid hold of me; I know nothing at all of it.

NOT GUILTY .

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

Reference Number: t17980912-43

509. JAMES WINGROVE was indicted for breaking and entering the dwelling-house of Thomas Lawrence , about the hour of twelve in the night of the 2d of October , with intent the goods therein being to steal, and stealing a wooden cask, containing nine gallons of gin, value 3l. 3s. another wooden cask, containing six gallons of a certain compound liquor, called ox-moor, value 42s. and thirty glass bottles, filled with port wine, value 3l. the property of the said Thomas .

(The case was opened by Mr. Knowlys.)

THOMAS LAWRENCE sworn. - On the 22d of October, 1795, I kept the Crown and Anchor, in Staines , I was the last person up that night, I left the house properly secured, and about six in the morning I was alarmed and told my house had been robbed; it was then day break, but not very light, my servant could not get down the stair-case; I came down, I missed three dozen of hampers of wine, I had taken out two bottles the day before, and there were only six bottles left in the hamper; I missed a cask of gin, containing nine gallons, and a tub of ox-moor, a compound, containing six gallons; they had been taken from the cellar next the stable-yard.

Q. Could you at all form a judgement how the people had got in? - A. Yes; they had taken out two bars from the cellar-window.

Q. Were they upright, or across? - A. Upright.

Q. Did you know the prisoner, Wingrove? - A. Yes; he lived about two hundred yards from me in the town of Staines. After they had got into the cellar, they broke the cellar-door, and had the range of the house; they had bored a gimblet over the latch of the door, to prevent any body coming down in case of an alarm; they afterwards opened the yard-door that went into the stable-yard from the passage of the dwelling-house, to get

the tubs out, for they were too large to get out at the cellar window, where they had broke in: the next morning I applied for a search-warrant, but it was near six in the evening before I served the warrant upon the witness, Clarke; I was present when his house was searched; we found there one dozen of wine; we found nothing else there; I found a tub of gin and a tub of ox-moor buried in the aits, a little island in the Thames; I never saw Wingrove after that, we searched after him several times, but he never appeared in Staines afterwards to my knowledge.

WILLIAM GOLDSMITH sworn. - Examined by Mr. Knowlys. I am a labourer: In October, 1795, I lived in Staines, about 300 yards from Mr. Lawrence's house; I have known the prisoner these thirteen years; I saw him and another come out of Mr. Lawrence's passage with bottles in his hands between one and two o'clock in the morning, I cannot tell who the other man was; they both crossed the road, and went up the back side of Middle-row, towards Clark's house, with the liquor.

Q. Do you mean that Clark who was admitted King's evidence? - A. Yes.

Q. Are you sure it was Wingrove? - A. I took particular notice of him.

Q. When did you hear that Mr. Lawrence had been robbed? - A. About ten o'clock the next day, and then I went and told Mr. Lawrence of it.

Q. Have you seen Wingrove since? - A. Yes, I saw him one night at Staines, I suppose a twelvemonth ago, or not quite so much, he was leaning over some rails in Staines, but I did not know it was him at the time I saw him, I have heard that he has been there several times.

Cross-examined by Mr. Alley. Q. This robbery was near three years ago? - A. Yes.

Q. What time in the night was it you saw him? - A. Between one and two in the morning.

Q. How came you up at that time? - A. I went to bed very soon, and I was very thirsty, I could not find any water in the house, and I took a pitcher to go out to get some water, but I could not get any, and then I saw him.

Q. You lived in Staines, and not know where to get water? - A. I went to the Angel and Crown, but the yard was shut up.

Q. Had you ever gone out for water in the night before? - A. Yes, several times.

Q. Where had you been spending your evening? - A. I was in bed by nine o'clock.

Q. Then of course you went to bed sober? - A. Yes.

Q. You saw him a twelvemonth ago, and did not know him? - A. He was leaning over the rail, I did not see his face.

Q. Do you mean to say your memory improves in the course of a year - Do you mean to say now that you know the prisoner? - A. I did not see his face then.

Q. You were not a witness upon the former trial? - A. No.

Q. Though you saw a part of the transaction, you were not called as a witness upon that trial? - A. The prisoner was not then taken.

Q. Did you ever hear of a reward for a burglary? - A. I have never had any reward.

Q. You never heard there was a reward of 40l. in that case? - A. Yes, I have.

Mr. Knowlys. Q. Knotts was the man who was convicted of this offence before? - A. Yes.

Q. You saw nothing of Knotts, and therefore they did not make you a witness upon that trial? - A. No.

Q. Have you ever seen the prisoner about his ordinary business from that time to this, in Staines? - A. No.

SAMUEL CLARK , the accomplice, sworn. - Examined by Mr. Knowlys. Q. I lived in Middle-row, Staines, when Mr. Lawrence's house was broke open; the prisoner, Wingrove, and Knotts, were concerned with me in breaking the house open, about one o'clock in the night; we broke the cellar door open by pulling the bars down; we took out some wine in bottles, and two tubs of liquor; we carried them all down to Knott's house, and there we parted the liquor, the tubs we carried over the water into the aits; Knott's house was close to the water side, about two hundred yards from my house.

Q. When you had parted the liquor, what did you do with it? - A. They carried theirs to their house, and I carried mine to my house; Wingrove's house was about one hundred yards from my house.

Q. How many bottles had you? - A.Ten or eleven, I think.

Q. How long was it before you were taken up for this? - A. The Friday afternoon, the next day.

Q. What became of Wingrove? - A. He ran away.

Q. Where did he live? - A. In the George-yard, Staines.

Q. Has he ever been living publickly in Staines since the robbery was found out, till this time? - A. No.

Q. What time did you quit the house? - A. About two o'clock.

Cross-examined by Mr. Alley. Q. You were one of the gentlemen that broke into the prosecutor's house? - A. Yes.

Q. And you were taken up the next day? - A. Yes.

Q. And then you thought it was the best way to charge the prisoner and another man with robbing the house, in order to escape yourself? - A. Yes.

Q. That is no new trick, you know? - A. I did not know that.

Q. You have told us the things were taken to Knott's house? - A. Yes.

Q. Are you sure they were carried to Knott's house? - A. Yes.

Q. Then if any body says they were carried to Clark's house, they have not told the truth? - A. I carried my share home, but they were taken to Knott's house first and shared.

Q. Then if any body else has said the things were carried to your house in Middle-row, it is not true? - A. I cannot tell that.

Q. What time were you kind enough to break into this honest man's house? - A. About one o'clock.

Q. How long might you be in the house? - A. About an hour, not much more.

Q. You went in about one o'clock? - A. Yes, and left the house between two and three o'clock.

Q. Then you could not possibly have come out of the house till after two o'clock? - A. No.

Q. Then if any body else has said you came out at half past one o'clock, that cannot be true? - A. No.

Q. You were taken up the evening of the next day? - A. Yes.

Q. You prosecuted another man? - A. Yes.

Q. Did you get any share of the reward? - A. No.

Q. But you got your liberty? - A. Yes.

Q. I take it for granted you have been a reformed man and lived a good life ever since? - A. Yes, as far as I know.

Q. Where have you lived since that time? - A. At Staines.

Q. Have you ever known any body of the names of Drake and Aldridge? - A. Yes.

Q. What is become of Aldridge? - A. He is dead; Drake lives at staines.

Q. Did not you give evidence here against them too? - A. Yes.

Q. I thought you had reformed since that? - A. I was in confinement.

Mr. Knowlys. Q. Were you examined in that case as in this, as King's evidence? - A. Yes.

Mr. Knowlys.(To Lawrence.)Q. What is the value of these things? - A. The gin I valued at 3l. the wine at three guineas, and the oxmoor at two guineas.

Prisoner's defence. That man would swear any man's life away as he did the other man's; I have been at Staines for a week and a fortnight together, and nobody ever said any thing to me, or took any notice of me.

GUILTY Death . (Aged 51.)

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

Reference Number: t17980912-44

510. MARY SWAINE was indicted for feloniously stealing on the 13th of August , privily from the person of William Lowe , a Bank-note, value 1l. the property of the said William .

WILLIAM LOWE sworn. - I am a wine-cooper , in Portpool-lane; I went out to see a friend on the 12th of August, and staid till it was late at night before I returned home. As I was going down Drury-lane , by the end of Parker's-street, I met with the prisoner at the bar about one o'clock in the morning; she invited me to go home with her to her lodging; I went with her; I went into the room; she asked me for money, and I told her I had but one shilling and sixpence; as it was at that late hour, and I was rather in liquor, I would give her that to let me stop there an hour or two; I told her I did not want to have any thing to say to her, only to stop to rest myself.

Q. You were sober enough to say all this, and to recollect it? - A. Yes.

Q. It was not above ten minutes walk from your own house? - A. I was foot sore, and in liquor.

Q. Were you sober enough to know what you were about? - A. Yes; I own I was in liquor.

Q. Very much so, were not you? - A. I own I was in liquor; I believe I was there to the best of my knowledge about two hours and a half; I fell asleep; when I waked, I said, you have robbed me; I had lost three one pound notes, the watchman found them all three, I could swear to the number of one of them, but not to the other two, and the Magistrate gave me them back as I was a poor man; my pocket was turned inside out; she began to give very ill language, and abused me; I told her I would make an affidavit that I had them after I was in the room; when I gave her the one shilling and sixpence, I felt them in my pocket; I called the watchman, and he called another watchman, and they both came in; among the notes, there was a direction from a gentleman in Mark-lane, for me to call upon him.

Q. Where had you been? - A. At Hounslow.

Q. How did you come from Hounslow? - A. On foot.

Q. How much did you drink on the road? - A. A pint of beer only from Hounslow; I was more tired than drunk.

Q. Then you were tired, drunk, and stupid? - A. I was tired, I had not been in the room ten minutes before I fell asleep.

JOHN DALTON sworn. - The last witness called

watch, about half past four o'clock, or thereabouts; I called another watchman who saw the woman standing by the cupboard, near the door, very busy; we searched the cupboard, and found by the bed, between the bed and the wall, three one pound Bank-notes, and a direction to a gentleman in Mark lane.

SAMUEL DOWLING sworn. - I am a watchman: I heard the cry of watch about half past four; I went, and found three notes between the bed and the wall; the Justice made me give him two of the notes back again, this is the other. (Produces it).

Q. (To Lowe.) Have you any body here from the Bank, to prove Mr. Field's hand-writing? - A. No.

(The drawer of the indictment having unnecessarily set out the body of the note, it became necessary to prove the signature of Mr. Field, of which there being no evidence, the Jury found the prisoner

NOT GUILTY .

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

Reference Number: t17980912-45

511. SARAH CONJUET and BENJAMIN JACOBS, otherwise ABRAHAMS , were indicted, the first, for stealing, on the 16th of August , a silver watch, value 25s. a steel chain, value 3d. and a metal watch-key, value 2d. the property of William Biddles ; and Jacobs, for receiving the same goods knowing them to have been stolen .

WILLIAM BIDDLES sworn. - I am a soldier in the second regiment of guards; On the 16th of August, between three and four o'clock in the afternoon, I went into the Ship public-house, in Rosemary-lane , I called for a pint of beer, and sat down; presently the young woman at the bar came in, she asked me if I would give her a glass of any thing; I called for a quartern of gin and gave her a glass, and she gave it to the man that was with her, the prisoner, Jacobs; I poured out another, and she drank it herself; then she asked me to go along with her home, and when I got home with her, I gave her a sixpence, and five pennyworth of halfpence to get some beer with; I was tired and laid down on the bed.

Q. Where does she live? - A.In Maypole-court, East Smithfield; when I laid down, I pulled out my watch and laid it upon the table; I saw her take something off the table but did not think she was taking my watch, I thought she was taking something to fetch the drink in; I had some duty to do, I got up, and found the door was locked, I saw a knife upon the table, and I put the bolt back; I went down stairs, and while I was telling a man about my concerns, a Jew boy brought the key to let me out; we found the watch at the pawnbroker's.

Q. Were you sober? - A. Yes, quite sober; for I had come home that day, and had had but that pint of beer.

BENJAMIN NATHAN sworn. - I am a watchmaker: The prisoner Jacobs came to me about four o'clock, and asked me if I would go of an errand for him, he would pay me for my trouble; then be gave me a key, and told me to let a man out of his room in Maypole-court, East Smithfield, the other prisoner lives with him in that room; I went to the door and found it open; I locked the door and carried him the key, and he gave me a shilling for my trouble; a little after that, he gave me the duplicate, and told me to fell it, and make the most I could for him; then I took it to my landlord where I lodged, and gave it to him, and he took the watch out of pawn, and pawned it again at the same place for the same money, he is not here; then, the next morning, he gave me the other duplicate, and then I went to my uncle's and shewed him the duplicate, and he asked me who I had it of, and I described the person I had it from, and my uncle told me the watch was stolen; then I went to Lambeth-street office, and gave the duplicate up to Mr. Osborne; on the Monday following, the Justice sent for me, and I told him all about it.

Q. (To Biddles.) Are you sure that is the man that was at the public-house with you? - A. Yes.

JAMES THORNE sworn. - I am a pawnbroker, in the Minories: On the 16th of August, the woman prisoner brought a watch to pledge, about four o'clock in the afternoon, as near as I can recollect, or it might be rather later; I asked her who the watch belonged to; she told me to her husband, he was going to Long-reach, and wanted some money to pay his expences; she wanted twenty-five shillings, but I lent her a guinea upon it; I asked her if her name was not Gallaway, and she said, yes, it was; that was the name I knew her by at our shop; she was not a customer at the shop, but I had seen her pass backwards and forwards with the other prisoner; I asked her if she lived in Rosemary-lane; she told me she had left Rosemary-lane, and lived in the Little Minories. (Produces the watch).

Biddles. This is my watch, I know it by the chain and seal; I have only had the watch three days; I swapped watches but did not swap chains.

RICHARD OSBORNE sworn. - On the 17th of August I apprehended the man prisoner, about the middle of the day; and the same evening, between eleven and twelve o'clock, I apprehended the woman; and the next day I went to seek after the watch, and found the watch in the Minories, at the pawnbrokers.

Conjuet's defence. The soldier had been with me several times in my apartments, he went with me

that day; he said he had no money, and he gave me the watch to pledge for him, to get us some supper, and then he was to make me a compliment to sleep with me all night; this man knows nothing at all about it.

Court. (To Nathan). Q. Which of the prisoners gave you the key? - A. The man.

Q. Who gave you the duplicate? - A. The man.

Jacobs's defence. The apartment is not mine, nor do I sleep there constantly; I gave him neither duplicate nor key, nor shilling.

Conjuet, GUILTY (Aged 37.)

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

Jacobs, GUILTY (Aged 53.)

Transported for fourteen years .

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

Reference Number: t17980912-46

512. DENNIS NUGENT was indicted for that he, on the 11th of August , upon Elizabeth Goldsborough , about the age of eight years, did make an assault, and her, the said Elizabeth, did carnally know and abuse .

(The Court ordered that the evidence upon this trial should not be published).

GUILTY Death . (Aged 48.)

Tried by the London Jury, before The LORD CHIEF BARON.

Reference Number: t17980912-47

513. ELIJAH BARNETT was indicted for breaking and entering the dwelling-house of Alexander Campbell , no person being therein, about the hour of eight in the afternoon of the 18th of August , and burglariously stealing a silk cloak trimmed with lace, value 30l. a muslin cloak trimmed with lace, value 10l. a woollen cloth coat, value 2l. a silk gown, value 3l. and four muslin gowns, value 8l. the property of the said Alexander .

There being no evidence to affect the prisoner, except that of an accomplice, the prisoner was. ACQUITTED .

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

Reference Number: t17980912-48

514. CHARLES WILSON was indicted for feloniously stealing, on the 14th of August , a trunk, value 10s. six cotton gowns, value 3l. a silk petticoat, value 21s. two muslin petticoats, value 21s. six dimity petticoats, value 21s. three flannel petticoats, value 10s. fourteen muslin handkerchiefs, value 21s. ten pair of cotton stockings, value 21s. six linen aprons, value 10s. eight linen shirts, value 21s. a silk cloak trimmed with lace, value 21s. a gauze cloak trimmed with lace, value 10s. a muslin cloak, value 10s. three pair of leather shoes, value 12s. six muslin caps, value 6s. a profile painting in a wooden frame, value 20s. and six printed books, value 6s. the property of Edward Wisdom .

Mrs. WISDOM sworn. - I am the wife of Edward Wisdom : On the 14th of August, I lost the things mentioned in the indictment; I was going with the Bromley stage from Charing-cross to Beckenham; they were in a trunk fastened on the stage.

Q. What time was it? - A. Between four and five o'clock; I do not know how they were taken, nor by whom.

Cross-examined by Mr. Alley. Q. Did you go over Blackfriars-bridge, or Westminster? - A.Blackfriars-bridge, I believe.

CHARLES LUNN sworn. - I am a porter, in Bell-yard: I had occasion to go through Temple-bar, on the 14th of August last, about half past four o'clock, for some tobacco; I saw a stage-coach, I did not observe what stage it was; when the stage got under Temple-bar , I saw the prisoner place both his hands upon the box fastened behind the coach, and remove it from the coach; I saw some ropes dragging upon the ground as he took the box away; and the coach still kept going on; after he had taken the box off, he went up Great shire-lane, I followed him to the steps that go down to New Boswell-court; I then left him, and went to Fleet-street, to hear, if I could, any thing about it; I went back, and found the man and the box where I had left them.

Q. It was pretty heavy, I suppose? - A. I cannot say.

Q. Are you sure that is the same man that you saw take the box? - A. I am positive of it.

Q. Are you positive that the box you saw afterwards was the box you saw him take from the stage? - A. I am positive; I secured him and the box too.

Cross-examined by Mr. Alley. Q. It was on the other side of Temple-bar that you first saw him? - A. Yes.

Q. That is in the County of Middlesex? - A. Yes, where I first saw him.

Q. You did not see his face? - A. Yes, I did.

Q. You do not mean to say, that you saw him take the box off, but that you saw it in his hand? - A. I saw him lift it from the coach.

Q. Why did you not stop him at that time? - A. I had no suspicion that he had stolen it till after I saw the strings dragging on the ground.

Q. He had a very good opportunity of getting away while you were gone to Fleet-street again? - A. Yes, he certainly had.

JOHN CASTLEMAN sworn. - I drove the Bromley coach; I tied the box behind the coach, opposite the Mews-gate, at four o'clock, on the 14th of August; I went on to the Boar's-head, in Fleet-street, next the Bolt-in-tun, and there I missed the trunk, when I got down; I found the cords had been cut; I went back as far as Catherine-street in the Strand, to learn, if I could, any thing about

it; I returned again, and found the trunk at the Boar's-head; I am sure it was the same trunk.

Q. Whose trunk was it? - A. A lady's, in Court; I had received it from her.

JOHN-YOUNG HUSBAND sworn. - I am a constable:(Produces the box and the cords); they appear to have been cut with a very sharp instrument.

Mrs. Wisdom. This is my trunk; all the things in the indictment were contained in this trunk.

Prisoner's defence. I was going along, and this man took me, and said, I had taken the trunk; I know nothing at all about it.

GUILTY (Aged 24.)

Transported for seven years .

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

Reference Number: t17980912-49

515. SARAH HERBERT was indicted for feloniously stealing, on the 1st of August , eight diaper table-cloths, value 39s. the property of John Denner .

JOHN DENNER sworn. - I keep the Furnival's-Inn Coffee-house, Holborn . The prisoner is a washer woman , that used to come every other Tuesday, to wash. On the 30th of July, I let her in to wash the table-linen was counted out to her; the next day there was a table-cloth missing, and we found that at Mr. Gabell's, a pawbroker, in Fox-Court, where there were seven more produced to me, pledged in her name.

ANN DENNER sworn. - The prisoner used to wash for me. she was there on the 31st of July; I had missed several table-cloths, but could not tell how I missed them; I missed one that day, which I found at the pawnbroker's, in Fox-court. There were seven more produced, which were my property.

JOHN DALE sworn. - I am servant to Mr. Gabell, a pawnbroker, in Fox-court: (Produces a table cloth); it was pledged by the prisoner, on the 1st of August; here are seven others that we have taken in; I took in six myself of the prisoner, at different times, some as long ago as a twelvemonth.

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

Q. Did you know what she was? - A. Yes.

Q. How then could you take in so many tablecloths of that woman? - A. I have known her several years; and she said, some of them were for other people, and she pledged them in other names.

Mrs. Denner. These are my table-cloths, I made them myself, but the marks are all picked out. I am certain they are mine.

The prisoner called three witnesses, who gave her a good character. GUILTY (Aged 36.)

Imprisoned fourteen days , privately whipped , and discharged.

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

Reference Number: t17980912-50

516. CHARLES WILBRAHAM , CHARLES BRADBURY , and JOHN COLLINS , were indicted for feloniously stealing, on the 6th of August , two silver table-spoons, value 21s. four silver tea-spoons, value 6s. a silver cruet-top, value 12d. and a glass cruet, value 6d. the property of Ann Holmes .

Second count. Laying them to be the property of John South .

JOHN SOUTH sworn. - I live servant with Mrs. Ann Holmes , in Lower-street, Islington, she keeps a private mad-house ; I was in lodgings with a gentleman who was out of his mind, at Mrs. Cooper's, No. 1, Pleasant-row, Islington : On the 6th of August, about half past two in the afternoon, I was in the front parlour, and these spoons were in the back parlour cupboard, they were Mrs. Holmes's spoons, under my care, if I had lost them, I must have had to make them good; Mrs. Cooper was going into the back kitchen, and saw a man go out at the window; I went out into the field, and saw the three prisoners walking all three together, and when they saw me, they all three set off running together, and one of them threw the table-spoons away out of his pocket, and ran about twenty or thirty yards further; and another of them threw the tea spoons out of his pocket, but which of them I cannot say; I left them in the ditch till after they were brought back; they were stopped by one Mr. Allen, I was close to them. From the robbing of me and the apprehending of them was not above ten minutes.

Cross-examined by Mr. Alley, for Collins. Q. At what distance did you first observe any of the persons you suspected to be prisoners at the bar? - A. About one hundred yards from the house.

Court. Q. That was in the field? - A. Yes.

Q. What part of the house had you been in? - A. The front parlour.

Q. And therefore could not observe any thing that was done in the back parlour? - A. No.

Q. Where was it they were apprehended? - A. Going up into Islington, about a quarter of a mile from Mr. Cooper's.

Q. You observed that one or other of them threw these things away, you did not see who threw them away? - A. No; I saw one of the three prisoners throw them away, but I cannot say which.

Q. Is Mrs. Holmes a married woman, or a widow? - A. No. a widow woman.

ELIZABETH COOPER sworn. - I am the wife of Thomas Cooper , my husband lives at No. 1, Pleasant-row, he is a carpenter: On the 6th of August, I saw one of these prisoners jump out at the back parlour window, but I cannot say which of them; they all three hustled up together, and ran away; I am sure it was one of the three. I alarmed Mr. South, and desired him to go out after them, he

jumped out at the same window, and pursued after them immediately.

Cross-examined by Mr. Alley. Q. What part of the house were you in? - A. In the back kitchen, under the back parlour. I heard one of them say, make haste.

Q. What were you doing? - A. I was going to clean a pair of candlesticks.

WILLIAM WILLIAMS sworn. - I was at work by the side of the New River, I heard Mr. South call out, stop thief, I saw the three lads running down towards me, where I was at work, as hard as they could run; I heard one of them say, "scale'em, scale 'em,

"I cannot say which of them it was. That lad in the middle, Charles Bradbury , said, come along, d-n your eyes, I have got the knife, holding a large clapse knife in his hand, with a long handle; then I saw one of them throw something out of his hand into the ditch, I cannot tell which of them it was, they were all three so close together; and then I pursued after them; then we took them all three; there was Mr. Ion, at the Livery-stables, and his ostler and two or three other people assisted. I went to the ditch, and there I found a vinegar-cruet with a silver top, and four tea-spoons; Mr. south took them out.

THOMAS SWAINE sworn. - I am a butcher: I assisted in the pursuit, and in taking the prisoners. As we were going back with the prisoners, I saw four tea-spoons and a vinegar-cruet lying in the field. they were all three taken within thirty or forty yards of each other.

GEORGE BARKWITH sworn. - I am a constable, at Islington: I was sent for, on Monday, the 6th of August, to Mr. Cooper's; I had this property from Mr. South. (Produces it).

South. I can swear to these spoons as Mrs. Holmes's property; there is an H upon them. I marked them all with a file after I picked them up.

Q. Is there any thing you know them by besides the cypher? - A. No.

Mr. Alley. Q. I take it, Mrs. Holmes has other lodgers in her house besides you? - A. Yes.

Q. I take it, every lodger in her house has the use of her silver spoons as well as you? - A. Yes.

Q. Had they been put in the cupboard after they were sound in the ditch, before you gave them to the constable? - A. Yes, I put them in the cupboard myself.

Q. When did you give them to the constable? - A. To-day.

Court. Q. But did you mark them before you put them into the cupboard? - A. Yes.

Wilbrabam's defence. Being Monday afternoon, I left work soon, and went to take a walk in the fields; I saw a parcel of people running, and they laid hold of me.

Bradbury's defence. I was going to bathe in the New River; I had a piece of bread and meat eating in my hand at the time, and they came and laid hold of me.

Collins's defence. I was going of an errand towards the New River, and they laid hold of me.

The prisoner Wilbraham called one, Bradbury three, and Collins four Witnesses, who gave them a good character.

Wilbraham, GUILTY . (Aged 18.)

Bradbury, GUILTY. (Aged 19.)

Collins, GUILTY. (Aged 18.)

Transported for seven years .

Tried by the second Middlesex Jury, before

Mr. Justice ROOKE.

Reference Number: t17980912-51

517. MARY THOMPSON, otherwise LUDEY , was indicted for feloniously stealing, on the 25th of July , a guinea, three half-crowns, thriteen shillings, and a sixpence, the property of John Casey , in his dwelling house .

JOHN CASEY sworn. - I am a sailor , I keep a house No.6, Charlotte-street, Old Gravel-lane : On the 25th of July last my wife was ill, and the prisoner offered her services to make the bed, she was a lodger of mine, I told her not to turn the bed up, only to lay the clothes smooth, instead of that she turned the bed up, and found a snuff-box which had the money in it; the box was between the two beds, My wife was sitting by the fire, and I was taking care of her at the time; I saw her turn the bed up; I did not see her take the box, and I did not know it till the next morning.

Q. Who had put the box there? - A. My wife, she is here; she owned to it the next day to the constable; I have not found any of it again.

JUDITH CASEY sworn. - I am the wife of the last witness; I took the box and laid it between the two beds; on the 24th of July, as I was going to bed, I was taken poorly; the next morning I missed the box; there had not been a foul in the room besides her.

Q. What was in the box? - A. A golden guinea, thirteen shillings, three half-crowns, and one sixpence; she owned to the money the same day she was taken up, to Mr. Rogers.

EDWARD ROGERS sworn. - I am an officer belonging to the Public-office, at shadwell: On the 26th of July, the prosecutor came to the office, and complained that he had been robbed the day before of a guinea and a guinea's worth of silver; in consequence of which a warrant was granted against the prisoner at the bar; I went to his house, where he and some women had the prisoner detained; I took her into custody; there was a grown up young woman about eighteen or nineteen years of age, who said she was her daughter, and I took the prisoner after I had searched her a few paces from the office, upon which the daughter prevailed

upon me to go back to a Mrs. Ferguson's, No. 80, Panton-street; she said it was a painter and glazier's wife; I would not return till she gave me a reason, and she said she had given her part of the money; I asked her what money, if it was part of Casey's money, and she said it was, upon that I returned with her, the the prosecutor and her, and I went towards Panton-street, and her daughter went before us, and said she would go first and get the money from her; when we got there, we met the daughter coming back again, and she said Mrs. Ferguson was not a home; I went into the house, but could not find any such person; I took the prisoner to the office, and there she said she would give the prosecutor a guinea if he chose to take it, and if he did not, he might do his best, and she would stand her chance of a prosecution; I cautioned the prosecutor neither to threaten her nor offer her any friendship; immediately after that I took her into custody.

Q. (To Casey.) Who had collected this money together, you or your wife? - A. My wife keeps a coal-shed and a chandler's shop.

Q. You had not been particular in looking at the money, so as to say it was all good? - A. Yes, I always look at my money.

The prisoner did not say any thing in her defence. GUILTY (Aged 44.)

Of stealing to the value of 39s.

Confined one month in Newgate , and fined 1s.

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

Reference Number: t17980912-52

518. GEORGE WALKER was indicted for feloniously stealing on the 15th of August , three pewter pint pots, value 3s. the property of Isaac Baker .

ISAAC BAKER sworn. - I keep the Malpas arms, in Charles-street, Grosvenor-square : On the morning of the 15th of August, about nine o'clock, the prisoner was brought to my house, charged with stealing three pint pots of mine; a witness in court saw him take them.

WILLIAM MANN sworn. - I draw beer at Mr. Baker's; I was gathering pots in Grosvenor-square about nine in the morning of the 15th of August; I brought three pint pots from Lord Grey's; I set them down at Lady Dashford's door upon the stone steps where the house was repairing; I did not see them taken, but when I had information of it, I went after the prisoner and caught him; he had got to the bottom of Mount-street when I came up with him; he did not run, but was walking as fast as he could; I took him, and brought him back to my master's and he threw the three pots out of a piece of green baize upon our toes; he put his hands together, and begged forgiveness; my master pulled out a shilling, and marked the bottom of the pots with a cross.

Q. Are you sure these pots are your master's? - A. Yes, they have his name upon them.

JOHN BRIDGE sworn. - I am a shoemaker; I was coming across Grosvenor-square, I saw the prisoner go up to the pots and throw a piece of green baize over them, and take them up between his hands and carry them off; I told the boy of it; he was in the house that was repairing; he asked me which way he was gone; I came down to the corner; he was then in sight of us; I shewed him that that was the man just going round the corner; I followed the boy, and came up just as he took him; I am sure it was the same man. (The pots were produced, and deposed to by the prosecutor.)

Prisoner's defence. I was going along, and picked them up in the street; I was going to carry them home to the public-house when they came after me. GUILTY (Aged 55.)

Transported for seven years .

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

Reference Number: t17980912-53

Second London Jury.

Meredith Jones ,

Benjamin Best ,

Edward Carter ,

George Lightup ,

George Barnard ,

Peter Spiers ,

William Meredith ,

William Godfrey ,

Nicholas Cooper ,

Thomas Westgarth ,

John Forbes ,

Evan Roberts .

519. ELIZABETH HAYNES was indicted for feloniously stealing on the 18th of July , five muslin handkerchiefs, value 5s. five linen sheets, value 10s. four linen pillow-cases, value 4s. four muslin caps, value 4s. seven muslin half handkerchiefs, value 7s. a linen shirt, value 5s. a waistcoat, value 2s. four towels, value 6d. a shawl, value 2s. three linen sheets, value 6s. an apron, value 6d. three yards of thread lace, value 3s. and a silver tea-spoon, value 1s. the property of Philip Coombs .

Second Count. Laying them to be the property of Hannah Coombs .

JOHN BRIDGEN sworn. - I am a pawnbroker, No. 158, Bishopsgate-street: On the 18th of July the prisoner pawned two sheets and two pillow-cases with me, (produces them); I knew her before, I lent her nine shillings upon them.

( Charles Sansum was called, but not appearing, his recognizance was ordered to be estreated.)

HANNAH COOMBS sworn. - I did keep a slop shop in Old Bedlam ; I am at present in Giltspur-street Compter for debt, the prisoner was my servant ; about three weeks or a month after I was first taken into custody, I lost all my neck handkerchiefs and half handkerchiefs, things I sold in

the shop; I lost all the articles mentioned in the indictment; I gave the keys to the prisoner when I was at Mr. Atkinson's, in Lawrence, the lockup house.

Q. Did you desire her to pawn these things? - A. I did not, I knew nothing of it.

Q. Be so good as look at these things? - A. One of the sheets has my name upon it, and I know the other to be mine, though it is not marked; I made them myself.

Q. Have you recovered any thing else besides? - A.No; the pillow-cases I made myself, I know they are mine.

Prisoner's defence. She gave the keys to Mrs. Miller, her sister-in-law, the did not give them to me; I went into the Computer to her, and asked her what I should do for money; I told her the patroles would not let the ladies bring the gentlemen in, and the said, she expected to come out soon upon bail, and if the ladies did not bring in money one night, they would another, and she told me I must make some money of some things for victuals.

Q. (To Mrs. Coombs.) Did you give her any authority to pawn these things? - A. No.

Q. What lodgers have you in the house? - A. Only one.

Q. Male or female? - A. Female, and she was a party concerned with the prisoner, but as I was in confinement, I could not go to take her; I was stripped of every thing; they did not leave me even a rag to wrap round my finger.

NOT GUILTY .

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

Reference Number: t17980912-54

520. JOHN BRUTON was indicted, for that he, in the King's highway, in and upon Thomas Fitzgerald , on the 27th of August , did make an assault, putting him in fear, and taking from his person a silver watch, value 42s. a silk handkerchief value 12d. and twelve halfpence, the property of the said Thomas .

(The case was opend by Mr. Knapp.)

THOMAS FITZGERALD sworn. - Examined by Mr. Knapp. I am under indentures of apprentice ship to Mr. Westmacott, statuary, in Mount-street, Grosvenor-square: On Wednesdaly, the 22d of August, about the hour of ten o'clock in the evening, I passed the prisoner at the corner of Vere-street, Grosvenor-street; I crossed over from Vere-street, on account of there being a house repairing, and the pavement open, I was obliged to cross the way; the prisoner then said to me, it is a fine night, sir; I answered him, yes, but I supposed there would be rain before morning. After we crossed Woodstock-street, the prisoner entered into conversation about the rebellion of Ireland, when I told him I should be happy to hear of a peace in that country; this conversation continued almost to the opposite side of Cumberland-street; the prisoner then laid hold of my arm before. I came to Park-street; I told him to keep his distance, that I did not like his mode of laying hold of me in that sort of way; in the mean time I crossed to the corner of Cumberland-street, in my way to George-street, Edgeware-road; when I came to Upper Berkeley-street, the bottom of Cumberland-place, I turned myself round and saw the prisoner at a distance, I walked down Berkeley-street towards the Edgeware-road, when the prisoner came up to me a second time; I asked him his reason for lurking after me; his answer was this, that he hoped I was not affronted; I then walked from him, and turned round to the side of the turnpike in the Edgeware-road, in my way to George-street, and then I lost sight of the prisoner; when I got within twenty yards of George-street , not seeing the prisoner, I stopped to make water, and when I had buttoned my breeches the prisoner came up, he took me by the collar of my coat, and asked me what property I had about me, while, with the other hand, he laid hold of the waistband of my breeches; he then said to me, have you a watch; I answered him, and said, no; he then persevered, and laid hold of the waistband of my breeches, and pulled out my shirt, I struggled with him, and then he knocked me down; the prisoner then said, I will undo the slings of your breeches, for I know you have a watch; he then put his hand inside my breeches, and felt round to the left side of my pocket, and found I had a watch.

Court. Q. You were down all this while? - A. Yes; at this time I got myself from the prisoner, when he seized me by the neck-handkerchief, and put the knuckles of his fingers into my throat to choak me; he then said, I will have your watch, when he immediately put his fingers down to the bottom of my fob-pocket, and took out my watch.

Court. Q. Was there a chain to it? - A. No; the prisoner then asked me if I had any Bank-notes; I told him, no, when he immediately put his hand into my waistcoat-pocket, and took out what silver I had, and some papers, there were three or four shillings, and five pence in halfpence; he then said, I will feel in your coat-pockets, when he took out my pocket-handkerchief, and some papers; he then shoved me away from him, and told me I might be d - d; the prisoner then left me, and walked into the Edgeware-road; I followed him, and told him I must have my watch, my watch was dear to me being my father's; the prisoner, and myself, was by this time at the corner of Berkeley-street, he told me he would go home to his quarters; I then asked him where his quarters were; his answer was,

d-n your eyes shall I tell you; I told him I did not want to know, I only wanted my property, my watch I valued; the prisoner said, if I followed him one inch farther, with his fist up to my face, but did not strike me, he would be hanged for me, when he immediately laid hold of my waistcoat, and said, I think I know you, and looked very stedfast in my face; he immediately shoved me away from him against the iron rails, when I called out, watch, but no assistance came; I called out more than once or twice; the prisoner then went away from me to the corner of Park lane, in Oxford-street, opposite the coffee-house, when I seized the prisoner, and told him I must have my property, it being my father's; he then laid hold of me with his left-hand, and took his right-hand away from me; I at that time called out watch but to no purpose; several times he put his right-hand up to my face, and stopped my mouth that I should not speak; then he said, if you will give me five guineas you shall have it, and he was to go home with me; he then said, but stop, if you ever take me into custody it shall be worse for you, I will either do, or cause to be done your business; he then said, if I would adjourn to a public-house below he would make the matter up with me, as I set to much store by my father's watch; from that place we walked down Oxford-road, about an hundred and fifty yards, when a public-house appeared, with the landlord, or some man, putting up the shutters; the prisoner said, here, we will have a pint of porter, accordingly he asked the person who was putting up the shutters for a pint of porter, and the pint of porter was brought; the prisoner first put it to me, I refused; the prisoner in the mean while had occasion to pull out his pocket handerchief, he took out two, and a piece of string; I said to the prisoner, that is my silk pocket-handkerchief, the one that he had was a white one; he then asked me if the piece of string was mine; I said, no; he then asked me to drink a second time, I refused; he then drank, and threw the remainder part into the street, when he paid for the pint of porter, and we went away together.

Q. Who did you see at that house? - A. Nobody, except the man who was shutting up, he was crippled and deformed; when we left the public-house, the prisoner asked me where I lived, the number of my house, and my name; I told him where I lived, the number of my house, and my name; he then said, if you will bring me down two guineas, if I go to the door with you, you shall have your watch back again; then he went down to the corner of Queen-street, about an hundred and fifty yards below the public-house, into Brown-street, Grosvenor-square, when I shewed the prisoner the house where I lodged; I knocked at the door, and a very elderly lady came to the door, a Mrs. Haycock, who is the landlady of the house, having first looked out at the window and asked who was there; I then told the prisoner, if he would wait, I would go up stairs and bring him down two guineas; when the door was opend by the landlady, in her shift, I called out at the bottom of the stairs to the person whom I lodged with, and nobody answered; and this person being a very elderly lady was the only person in the house; I came to the door again, and the prisoner had got away near fifty yards; I followed him, and came up to him in Duke-street, Grosvenor-square, when the prisoner said, have you any pistols about you, have you brought down any; I said, no; the prisoner said, I will search you, and immediately put his hands into my coat-pocket, both right and left, and in my waistcoat, and my bosom, to see if I had any there, for he said, there were such cases; the prisoner then walked into Grosvenor-square, almost close to the railing, at least within five or six yards of the railing, then he said to me, do not make any noise here, or otherwise I will do your business; the prisoner then told me, if I would bring him two guineas to the King's-arms, in Little St. James's-street, about twelve o'clock the next day, five minutes before, or five minutes after, I should have my watch back again; he told me his name was John James ; he said, but mind, if you bring any constable, or runner with you, from Bow-street, or if you hereafter have me taken; up, I will do your business, or cause it to be done by some of my comrades; then the prisoner immediately shoved me away from him; I then thought I must let the matter drop, for I perceived there was no use in following him any further, and I returned back. On the Monday following I attended the parade in St. James's Court-yard, fronting St. James's-street, when the prisoner stood under the south side of the portico; I crossed from the west side, and in crossing the prisoner said, how do you do, sir, why did you not come down according to your appointment.

Q. Did you go at all according to your appointment? - A. Not at the hour that the prisoner proposed.

Q. Why did not you go? - A.From the fall, and the ill usage of the prisoner. I was not able to get up till two o'clock, and then I did go to the King's arms, with my brother-in-law.

Q. You did not find the prisoner at the bar then? - A. No; they did not know any thing at all about any person of that name, but they thought they knew the description of the person that I had given, but he did not go by that name; I told the prisoner, upon his asking me the question, that I could not come to my appointment; I then asked him for my property, when the prisoner said, do not make any

noise here; I told him then, if he did not give me up my property, I certainly would have him taken into custody; his answer was, then if I would adjourn to a public-house he would make it up to me; I told him, no, if he did not immediately give me up my watch I would have him taken into custody, I should lay hold of him; the prisoner then made a frivolous excuse, there is no occasion for that; when I immediately took hold of him by the collar, and called out to the adjutant on the parade; I held the prisoner till the adjutant called out a file of men to conduct him to the guard-house; I then went to the Queen-square Police-office, and brought two constables to take the prisoner from the guard-room to the office.

Q. Had you ever seen the prisoner at the bar before? - A.Never.

Q. Have you any doubt, from the opportunities you had of seeing him, that he is the same man? - A. I am very certain.

Q. Have you ever seen any of your property again? - A. Yes; I saw my watch at a pawnbroker's in the Almonry, Westminster; the pawnbroker is here that took it in.

Q. Have you ever seen any thing of the handkerchief? - A. No, I have not.

Cross-examined by Mr. Alley. Q. You are an apprentice to a statuary? - A. Yes.

Q. Are you married man? - A. No, I am not.

Q. You lodged in Brown-street? - A. Yes.

Q. Who might you live with in Brown-street? - A. I lodged in the house of Mrs. Haycock.

Q. Did any body live with you there? - A. No.

Q. About what time of night was it you first met the prisoner? - A. About ten o'clock.

Q. You entered into conversation about one thing and another, and at last upon the affairs of Ireland? - A. Yes.

Q. May I take the liberty of asking who you might have been going to visit? - A. Mr. Howard, a surgeon, in George-street.

Q. What distance might it be from where you met the prisoner to George-street? - A. About six or seven minutes walk; if I say half a mile it is as much as it can possibly be.

Q. What time of night was it when you parted with the prisoner? - A. When I got into my house it went eleven.

Q. You had been with the prisoner near an hour? - A. Yes.

Q. You and the prisoner had not gone into any house as you went? - A. No.

Q. You did not cross Portman-square at all? - A. No.

Q. The watch was set at this time? - A. Not in the Edgeware-road.

Q. Was the prisoner dressed as he is now? - A. No; he was dressed in his full regimentals, and his full dress.

Q. You must have thought it rather an extraordinary thing that a man of that description should accost you who was a total stranger? - A. Yes, I did think it a very extraordinary thing, and several times put him at a distance, and told him I did not approve of his following me.

Q. I should take it when he talked of the affairs of Ireland, you did not give him an answer? - A. Yes; I did give him an answer; I said, I wished for a peace in that country; from his manner of speaking, I took him to be a man of good sense; he said, he expected some of his comrades home in a day or two.

Q. The watch was set, I presume, upon your return? - A. No, there never is any watch upon that road in that month.

Q. Are you perfectly sure you were not in any public-house? - A. yes; neither public or private house, or any house whatever, with the prisoner.

Q. Nor any wine-vaults? - A. No.

Q. When you returned into Oxford-road, the watch was set? - A. Yes; but from the time we left the Edgeware-road till we got into Brown-street, I did not see a single soul except four profligate girls against the Park wall, and when I got there, I called watch.

Q. When you were so near Mr. Howard's house, how came you not to go on? - A. I had no idea that the prisoner meant to rob me.

Q. Do you mean to say that, after he had kept following you so far? - A. No, I had not.

Q. When you had got within twenty yards of Mr. Howard's house, how was it that you did not go on for assistance? - A.Because I was afraid of losing my property.

Q. How was it that you did not seek for the assistance of watchmen, after you came into Oxford-road? - A. He threatened me so much what he would do to me, that I thought I had better make myself quite sure of his face and person, as I had not had a full view of his face at that time.

Q. How far was he from you? - A. A very short distance.

Q. How many watchmen might you have passed? - A. Not any from the time the prisoner robbed me till I left him.

Q. How far did you come after he had robbed you? - A. to the corner of Berkeley-street; there is a watch-box near the turnpike, and I called out watch, there, but there was no turnpike-man nor watchman, and I can prove it.

Q. Did you go to the turnpike-man's box? - A. I called out watch, and I called out assistance.

Q. What part of Oxford-road is Brown-street

in? - A.Between North Audley-street and Duke-street, on this side of Bond-street.

Q. And you passed down that public street, Oxford-road, and no watchman was to be met with? - A. On my return there was not either man, woman, or child.

Q. Do you mean to say you met with neither man, woman, nor child, during all that time? - A. I mean to say that upon my oath.

Q. Before you came to your house in Brown street, you did stop at a public-house, and the prisoner called for a pint of beer? - A. Yes.

Q. You did see a man there; how came you not to ask his assistance? - A. He was a cripple, and the prisoner had told me if I made any noise he would do my business for me; I went to put my ear to listen it there was any body in the taproom, and the prisoner would not let me.

Q. You did not go in? - A. No.

Q. Do you mean to tell me the only reason why you did not speak at that public-house was, because he had intimidated you, and said he would do your business for you? - A. Yes.

Q. In consequence of the wounds you had received, you could not attend according to your appointment? - A. No; I had received no wounds.

Q. Did not you say that you did not attend on account of the injury you had received? - A. Yes, from the prisoner keeping me down with his knuckles in my throat, and his foot upon my breast at the same time.

Q. The prisoner had got some distance when you got to your own door? - A. About 50 yards.

Q. You had an opportunity of bringing some weapons down with you? - A. I could not get into my room, there was nobody in the house but the person that let me in, and the was in her shift, about 80 or 90 years of age.

Q. What distance might you have walked with the man after you left your own house? - A. Not more than twenty yards; I left him in consequence of his saying that he would do my business, or be the means of my business being done.

Q. When was it that you apprehended him? - A.On the Monday following.

Q. So it was Thursday, Friday, Saturday, Sunday, and Monday, before you apprehended him? - A. On the Thursday I was very ill, on the Friday I went to Whitehall, and begged leave to walk through the line, and observe the man; on the Friday, on the Saturday, and on the Sunday, I did the same, and on the Monday I met with him as I have described.

Q. I take it you went next day before the Magistrate to give information of this transaction? - A. No, I did not, till after I had taken the prisoner into custody, for this very reason, I could not apprehend the man form the fictitious name that he gave me.

Q. Do you mean to say you could not have gone to a Police-office and given information? - A. The adjutant told me, the only way I had was to walk through the lines till I found him.

Q. When you met with him in the court-yard, at St. James's, he spoke to you first? - A. yes.

Q. What time of the day was it? - A. About the time the guard was relieved at St. James's; it was about eleven o'clock.

Q. Did he not ask you for five shillings that he had advanced you? - A. No, he did not.

Mr. Knapp. Q. You had been several times to see the guard relieved, in order to see if you could find the man? - A. Yes, I attended Friday, Saturday, Sunday, and Monday.

Court. Q. You valued your watch because it was your father's - Did he bequeath it to you? - A. No, he gave it me on his death bed.

- CHAMBERLAYNE sworn. - Examined by Mr. Knapp I am servant to Mr. Wright, a pawnbrokers in the Almonry, Westminster.

Q. Do you know the prisoner? - A. yes, I have known him some time.

Q. Did he at any time pawn a watch with you? - A. Yes, on the 23d of August, about one o'clock at noon, (produces the watch); I have had it ever since; I am sure the prisoner is the man.

Fitzgerald. This is my watch, I know it; on the front is written Joseph Fenton , and the maker's name is Harrison, 496.

Court. (To Chamberlayne.) Q. Do you familiarly take in watches from common soldier s? - A. I knew him very well.

Q. You never ask any questions at all? - A. Yes.

Q. Why did you not in this case? - A. By using the shop I thought it was his own.

JOHN MARSDEN sworn. - Examined by Mr. Knapp. I am a Police-officer belonging to Queen-square: I apprehended the prisoner at the guard-room, at St. James's Palace, on the 27th of August last; I secured him, and brought him to the office, and while he was at the office, I learned that his quarters were in Whitcomb-street; I was sent up there to search his knapsack, and there I found the duplicate; I told him his corporal had been there, and got his knapsack away; I met the corporal in St. James's-park, and he gave me the duplicate out of the knapsace; there is the name of John Bruton upon it, (produces it).

Chamberlayne. This is the duplicate I gave to the prisoner at the bar.

THOMAS HATCH sworn. - Examined by Mr. Knapp. I am a Police-officer; I was at the apprehension of the prisoner at the guard-house.

Q. Did the prisoner say any thing about this business? - A. Not that I heard.

Prisoner's defence. I have been ten years in the Guards, and never was arraigned at the bar in my life before; that gentleman and I had been together at different public-houses, drinking together, and he was going with some girls; he said, he had no money, and I lent him five shillings, he gave me his watch in my care till he paid me; he ordered a pint of beer as we went along, and he called at Brown-street, and said, his wife was gone to bed, and he could not get me five shillings; and then he appointed to meet me the next day, at the King's-arms, and to bring me the money, and have his watch. I have a comrade here to prove that I went to the King's-arms at the time appointed; and when I met him on the 27th, I tapped him on the shoulder, and said, why did not you come to your time, I am very sorry, but I have been obliged to pledge your watch, in consequence of not having the five shillings. I told him, I would give him the duplicate.

Fitzgerald. I have another witness to prove that I was sober when I returned home.

Mrs. CHILTON sworn. - I live in Brown-street; I let Mr. Fitzgerald in the night this affair happened.

Q. Was he drunk or sober at that time? - A.Perfectly sober.

Q. what time was it? - A. About eleven, it might be five minutes before, or five minutes after.

Cross-examined by Mr. Alley. Q. You live in the same house with the prosecutor? - A. Yes.

Q. You were up when he came home? - A. The second time I was, but I did not hear him the first time. He lodges with my mother.

For the Prisoner.

NATHANIEL HAYNES sworn. - Examined by Mr. Alley. I belong to the same regiment and the same company with the prisoner: On the 23d of August, he came to my quarters, the Duke's-head, in St. Martin's-street, about half past nine, and asked me, if I would have a drop of gin; I said, no; and we had a pint of beer; he asked me, if I would take a walk with him, he said, he was going to meet a gentleman, who was in liquor the night before, who said to him, soldier, can you lend me five shillings, and I will let you have my watch; and he told me, he had lent him five shillings, and he was to come to the King's-arms, Little St. James's-street; I went with him there, and had a pot of ale, and stopped ther from eleven o'clock till half past twelve.

Cross-examined by Mr. Knapp. Q. What are you? - A. A private soldier.

Q. How long have you known him? - A. about a year and four months.

Q. What is his name? - A. John Bruton .

Q. Are you sure of that? - A. Yes.

Q. He told you he had got a watch? - A. Yes.

Q. How long have you been in Court? - A. Not till I was called in.

Q. Try and recollect yourself a little; two persons have been deposing, upon their oaths, that he was sober - Do you mean to say, the prisoner told you he was drunk? - A. Yes, I am sure of it.

Q. How long a conversation might you have upon the subject? - A. About a quarter of an hour.

Q. How much had you drank together in that time? - A. All together three pots of beer.

Q. How much had you before? - A. A pot of beer.

Q. Then you were perfectly sober? - A. Yes.

Q. And he was perfectly sober? - A. The man seemed to me to be very sober.

Q. His name is not John James ? - A. No; his name is John Bruton .

The prisoner called his serjeant, who had known him eight years, and gave him a good character.

GUILTY Death . (Aged 27.)

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

Reference Number: t17980912-55

522. THOMAS WHOMBY and WILLIAM RADFORD were indicted for that they, on the 2d of August , being in the dwelling house of William Rosethorn , a wooden cask, value 6d. and two gallons and a half of rum shrub, value 30s. the property of the said William, feloniously did steal; and about the hour of twelve in the night of the same day, the said house did break and enter, and the goods therein being, feloniously did steal .

MARY ROSETHORN Sworn. - I am the wife of William Rosethorn , I keep a public-house, the Feathers, Broad-way, Westminster ; my husband was taken prisoner in the expedition of Ostend, and I was left with two children: The two prisoners lodged with me, they are both soldier s in the Cold-stream regiment. On the 2d of August, I was ill of the rheumatism in my head, and staid in the bar till I could not stay any longer; I laid down my head in the kitchen upon the table, till almost eleven o'clock; just before it struck eleven, I ordered the girl to put up the shutters, for I was so wearied, I wished to go to bed; I then went into the bar, where were the two prisoners sitting with a woman with them; I desired them to go to bed, I thought it was time; when I was going to shut up the house, the girl went into the parlour to shut the window-shutters, and I outside to hold the shutters to till she fastened them inside; I came into the taproom, and missed Whomby all at once, I did not know which way he had gone; I asked Radford to go to bed, and he went out, and stopped about two

minutes; he then came back and asked for a candle to go to bed; I then ordered the girl to go and fasten the cellar flaps and shoot the bolts; and I went to see it done; since my husband has been gone, I have been very careful to see that every thing was fastened before I went to bed; I heard the girl shut to the bolts while I was fastening the shutters; I locked the tap-room door and the girl locked the cellar-door, and gave me the key; I make it a rule always to take up the keys with me; the girl sleeps in a bureau bedstead, opposite to the cellar door; I saw every thing fast, I went to bed a little before eleven; I got up to washing between three and four, I found every thing fast as I left it; I went out of doors, I took the bolt out of the window shutters, and called the girl; when I took the bolt out of the window shutters, I found my cellar flap almost out of the place where it shuts in, and lifted into the street, it must have been unbolted inside; I have every reason to believe Whomby concealed himself in the cellar, for he had not been to bed, that I am sure. I then called the watchman, I found a cask of shrub missing, and the rum all poured out, I suppose there might be four or five gallons in it. I found myself incapable of washing, and I got a washerwoman; I continued in my tap-room and bar all the morning, till about half past six o'clock; Whomby came in very much in liquor, he did not say a word to me, nor I to him; he went into the yard and stopped there, it might be five minutes; then he went up stairs, I took particular notice of him, for the back cellar has a spring in it, and is generally ancle deep in mud and water; and to prevent my servants going into it, I pump it into the front cellar. When he came in, his shoes and the lower part of his trowsers were all over mud, the same as was in my back cellar; he stopped up stairs about a quarter of an hour, and he made Redford get up, and they came down stairs; they had a pint of beer in the tap-room, it was then near eight o'clock. The girl and I went out to drive some ducks in, and Radford followed me, and stood at the door; and then Whomby gave a great whistle; I thought something was the matter, and I saw Whomby attempt to go up stairs; I went to go in, and Radford stopped me at the door, so that I could not get in; I followed him up stairs, and I got up the two-pair of stairs nearly as quick as him; then I saw him with the cask of shrub under his left arm; I told him, he ought to be ashamed of himself, in the manner in which I was left, to be robbing of me for six weeks; says he, d-n you, you b-h, if you don't get down stairs, I will kill you immediately; with that, I returned down stairs, and called out, murder! thieves! and alarmed the people in the house and at the door; then I went up stairs, but before I could get up stairs, Whomby had given Radford the cask of shrub, and Radford was putting a knapsack over it in a box of Radford's; I did not know then what it was he was putting in the box; I begged of Whomby to give me the cask of shrub, and he said, he had not seen it; and he threatened me a great deal, and said, I was so and so, and he had never robbed me of any thing; Radford kept fastening up the box and standing before it. I came down stairs, and Whomby followed me; I then sent for a constable, and Radford came down afterwards. The constable took Whomby away, and Radford went into the tap-room; I said, Radford, I am afraid you have had connections in robbing me, these six weeks, of every thing I have lost; I told him, he might he ashamed of himself, when he did not know whether I had a father living for my children, or not; and he abused me very much. There was a corporal there gave him a share of a pint of ale; and the corporal was more curious in watching Radford than I was; for I was so full of trouble, I did not observe what was going forward. The corporal went up stairs after Radford, and saw the cask, and then the constable fetched it down; I am sure it was my cask, I had emptied a little shrub out of it the day before.

Cross-examined by Mr. Gurney. Q. Did you ever see your cask of shrub from the day before, till it was produced to you by the corporal? - A. I saw it that evening before I went to bed.

Q. And you did not see it from that time till it was produced to you by the corporal? - A. No.

Q. You did not see it in Radford's box? - A. No.

Q. You had the misfortune to have your husband taken prisoner at Ostend? - A. Yes.

Q. Is your husband alive? - A. I did not know till the 3d of this month, when Sir Eyre Coote came home, that I had a father to my children.

MARY SWEET sworn. - I am servant to Mrs. Rosethorn; all that I know about it, is, that I fastened up the cellar-window with two bolts.

WILLIAM M'CLAVERTY sworn. - I am a corporal, I lodged at Mrs. Rosethorn's: At that time I was in bed, when I heard Mrs. Rosethorn cry out, a robbery; I went up stairs into the room, and there were a great many people in the room seeking the cask; I stood just inside of the room door, and I saw Redford go to the box in the room; the box was tied up with a black canteen strap, he stood in front of the box; there was one corner of the box that there was a piece broke out of, he stood against that; I did not say a word then till all the people went down stairs; they could not find it. I came down stairs, and he was sitting in the tap-room; I called for a pint of ale, and gave him a glass of it, and I asked him who that box belonged to that was in the room; he said, it was his; I said no more, but went into the parlour; and he went up stairs;

I followed him up, and saw him take the canteen strap off the box, and take the cask out and carry in into another room, and put it under the bed; when I came down stairs, the officer was there, and I told him of it, and he went up stairs along with me, and found it in the box.

WILLIAM MESSENGER sworn. - I found this cask under the bed at Mrs. Rosethorn's. (Produces it.)

Mrs. Rosethorn. This is my cask.

Whomby's defence. I left the house about half past nine the over-night, and did not return till half past six the next morning; I went into the skittle-ground, and there I saw the cask, I took it up to Radford, and told him I had found a cask with some kind of liquor in it, and it turned out to be shrub.

Radford's defence. I know nothing of it.

(The indictment having charged the stealing the goods, then the breaking out of the dwelling-house, and after that stealing the goods therein, the Court were of opinion that it was so far bad, that the capital part of the charge could not be maintained).

Whomby, GUILTY (Aged 24.)

Radford, GUILTY (Aged 23.)

Of stealing the goods, but not of the burglary .

Transported for seven years .

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

Reference Number: t17980912-56

523. SARAH LAWRENCE and MARY SMITH were indicted for feloniously stealing on the 2d of August , four pair of silk stockings, value 44s. the property of John Garton , in his dwelling-house .

JOHN GARTON sworn. - I live in Cheapside ; I am a hosier ; I can only swear to the property.

ROBERT WHITE sworn. - I work in Mr. Garton's shop: On the 2d of August, between four and five, the two prisoners came into my master's shop, and asked the price of some cotton stockings; they would not suit them; they saw some silk gloves, and asked the price of them; they would not do; Lawrence said, she wanted a little flannel, about 1s. 6d. a yard; she took the shopman to the window next Lawrence-lane, to look at the flannel; in the mean time I happened to turn my head, and saw Smith put some silk stockings under her bonnet upon her head; I thought it was time for me to jump from my frame; I tapped her on the shoulder, and said, madam, what have you got in your bonnet? she said, nothing at all; I said, I know better than that, I took her bonnet off her head, and there were four pair of silk stockings, I laid them upon the counter separate from the rest, but desired the shopman to call my master.

Q. Do you know that they were your master's property? - A. I saw her take them off the counter, I saw them brought in that morning by the trimmer, there were fifteen pair of them.

Cross-examined by Mr. Gurney. (For Lawrence.) Q. You do not mean to say that these two persons came in together? - A. Yes, they came in together as night as possible at the same time.

Q. Smith asked to look at some stockings and gloves? - A. I did not pay attention which asked that.

Q. It might be Smith for any thing you know? - A. I cannot say.

Q. Lawrence asked for flannel? - A. Yes.

Q. She was in a different part of the shop? - A. Yes.

Cross-examined by Mr. Alley. (For Smith.) Q. Whereabouts in the shop was Smith? - A. If you will go to the shop I will shew you, I cannot tell you exactly without; I saw her take the shopman to the window next Lawrence-lane.

Q. Where about were you in the shop? - A. I was at work in the frame in the shop.

Q. You were making stockings? - A. No, we make but one at a time.

Q. You were not behind the counter serving? - A. No.

BENJAMIN DIXON sworn. - I am constable of the Ward of Cheap: On the 2d of August, between four and five, I was sent for to take charge of the prisoners, which I did; I have had the stockings ever since. (Produces them.)

Mr. Garton. These are my stockings, I can swear to every pair; they have my own private mark.

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

Q. No other person has any share in your busisiness? - A. No.

Q. Is this your dwelling-house? - A. Yes.

Mr. Alley. Q. You sell your stockings rather dear, I think? - A. I do not know for that; they cost me eleven shillings a pair.

Q. Do you mean to say this pair of stockings is worth eleven shillings? - A. That is not worth quite so much, but they cost me that.

Lawrence's defence. I was at a different part of the shop, I do not know any thing about it.

Smith's defence. It was only through the constable's persuasions that the gentleman did not forgive us and let us go.

The prisoner Lawrence called one, and Smith two witnesses, who gave them a good character.

Lawrence, GUILTY (Aged 18.)

Smith, GUILTY (Aged 16.)

Of stealing goods, value 39s.

Transported for seven years .

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

Reference Number: t17980912-57

521. ANN SMITH was indicted for feloniously stealing on the 29th of August , a silk cloak, value 10s. a satin bonnet, value 4s. two cotton gowns, value 10s. a muslin petticoat, value 7s. a woollen stuff petticoat, value 3s. and a linen shift, value 3s. the property of John Herbert .

JOHN HERBERT sworn. - I live on St. Dunstan's-hill, Tower-street ; I lost a silk cloak and bonnet about a quarter before eight in the evening out of a one-pair of stairs room, and two gowns, two coats, and a shift, out of a two-pair of stairs front room; the prisoner had lived servant with me about a month; she left my house that evening about a quarter before eight; I had a character with her from a public-house in Bloomsbury, where she had lived three or four months; she went out at the back door, and took all her clothes with her, and in about an hour my wife missed the property. The next day I went in search of the prisoner: I went to Paddington first, the Monday following I heard she was at Greenwich; accordingly I went to Greenwich, she had been there, and was gone away; she had left a direction with a person there to come and see her, that she lived in Cow-cross; I went to Cow-cross, but no such person lived there. The next day I heard she had been at Paddington, and on the Wednesday following I found her, according to the direction, in Cow-cross; in her pocket I found two duplicates of a shift and a stuff petticoat; she said he had put the other duplicates loose in her pocket, and had lost them, but the gave us a direction to the pawnbroker's, and we went and found a gown and cloak, and a coat, at Greenwich; the bonnet we found where we took her.

ROBERT PEART sworn. - A. I am a pawnbroker in Fleet-street, (Produces a shift); it was pledged at our shop by a woman, but I cannot say it was the prisoner.

Q. (To Herbert.) You discovered this by the duplicate you found upon the prisoner? - A. Yes.

JOHN PARKER sworn. - I am servant to a pawnbroker at Greenwich, (produces a cotton gown and a black silk cloak); they were pledged the 30th of August by the prisoner at the bar.

EDWARD CARTER sworn. - I am a pawnbroker at Greenwich, (produces a gown and two petticoats); they were pledged with me on the 30th of August, and a stuff skirt on the 3d of September; I am certain it was the prisoner.

- LAMMAS sworn. - I am a constable, (produces the bonnet); it was found in the room where I took the prisoner. (The property was deposed to by the prosecutor.)

Prisoner. It is the first fault I have ever committed; I hope you will shew mercy.

GUILTY (Aged 21.)

Confined one week in Newgate , and fined 1s.

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

Reference Number: t17980912-58

525. THOMAS CURTIS was indicted for that he, on the 25th of July, in the 13th year of his Majesty's reign, at the parish of St. Matthew, Bethnal-green, did take to wife one Ann-Jane Millie ; and that afterwards, on the 10th of May, in the 34th year of his Majesty's reign , at the parish of St. Botolph, Aldgate , feloniously did take to wife Ann Hale , the said Ann-Jane Millie, his former wife, being then alive; and that afterwards, on the 12th of August last, he was apprehended for the same felony at the parish of St. Mary Matsellon, otherwise Whitechapel, in the county of Middlesex .

ISAAC MILLIE sworn. - I was present at the marriage of my sister, Ann-Jane Millie, with Thomas Curtis , the prisoner at the bar, at Bethnal green, on the 25th of July, 1773; she is now living.

Q. What is Curtis? - A. A taylor ; I have known him ever since almost, he lives somewhere about East Smithfield.

(The parish clerk of Bethnal-green produced the parish register); reads - "25th July, Thomas Curtis to Ann Jane Millie ."

JOHN TASKER sworn. - I am parish clerk of St. Botolph, Aldgate, (produces the register); reads- "St. Botolph, Aldgate. - "Thomas Curtis, of this parish, widower, and Ann Hale , of this parish, widow , were married in this church by banns, on the 10th of May, 1794, by me, William- Hamilton Warren , curate, in the presence of Thomas Parry and John Tasker .

Q. Do you know the man again? - A. I am confident that is the man.

THOMAS PARRY sworn. - The prisoner came to me one evening, and told me he was going to be married in the morning, and begged as a favour that I would give her away; I said, I did not know that his first wife was dead; he said, yes, she had been dead some time, and accordingly I went next morning and gave her away.

Q. Did you know Ann Hale? - A. I never saw her before that day.

JOHN MILLIE sworn. - I was at the first marriage; I know nothing of the second marriage.

ROBERT COOMBES sworn. - I am an officer belonging to the Public-office, Whitechapel; the prisoner used to preach by the road side, near the London Infirmary, Whitechapel; we had an order from the Magistrates to desire him to quit that

place, which he would not do; in consequence of that he was summoned to appear before the Magistrate; he was fined in the penalty of 20l. When I went to serve the warrant of distress upon his goods, the landlord came in first for rent, and when I was there, his first wife came and made an uproar about the door; I said, can that be your wife? he said, yes, I was married to her two or three and twenty years, but she had defiled my marriage bed, and God, my master, told me to take a second wife.

Q. Do you know any thing of the second wife, whether he got any money with her or not? - A. No, I do not.

Prisoner's defence. My Lords, and Gentlemen of the Jury. May you live for ever, and may it please you that I may find grace in your fight. I am happy that I have to make a defence before your Graces, because ye have wisdom to discern between wickedness and simplicity. The Lord, who is my judge, knoweth, that in the simplicity of my heart I have done this; your suffering prisoner, in bonds, has, by his first wife, been cruelly oppressed, as you shall see in the sequel of my defence. After that I had been married to this my first wife about five or six years, the Lord was pleased to give me a knowledge of salvation by the forgiveness of my fins, after a thorough conviction of my lost estate by nature; but before this we lived very unhappy together, because she was not ashamed to own to me, my Lord, that she knew two men before I married her; and also was about to be connected, and was on the bed with her father's baker, but was interupted by the housekeeper, which, before I was converted, I could not brook; but when the Lord was pleased, my Lord, to manifest his pardoning love to my foul, I then, as he had forgiven me, could forgive her; and having now the spirit of light, I was given to see into my past wicked life, and saw, that though I was married to her according to the laws of my country, yet before God we did not come together according to his word, but as the brutes, for the gratification of our lusts. When I was thus convinced, my Lord, I then did heartily beseech the Lord that he would marry us afresh, and that I might then perform the duty of a husband unto her, and I earnestly prayed also for her conversion, and was in good hopes the Lord would have been pleased to hear my prayers, and make her a help-meet for me; but instead of that, my Lord, she became a most dreadful persecutor of me for my profession's sake, and took every advantage of me, my Lord, that she could; she drank very hard. However, soon after this, I believe about a twelvemonth or there away, after the Lord was pleased to convert me in his providence, he removed me to Portsmouth, my native place, from the want of business. When I came there, the Lord was pleased to open a door in his providence for me, and I got work, and between us both we could get a tolerable good living for poor people, our income was about a guinea a week between us both, but I was dreadfully persecuted by her, many times have I been in danger of my life, she has gone to bed with a knife by her side to kill me. It is true, my Lord, and the Lord is my witness, after having been at Portsmouth some time, the Lord had given me a deep experience upon my mind, and a strong impression that I ought to tell what the Lord had done for me, and the people there desired me to speak in the name of the Lord, and I believing that the Lord had appointed me thereunto, I, after earnest supplication to the Almighty, went forth to speak in the name of the Lord, they going with me. When this commended, this women declared she would not live with me, because that I would not let her usurp authority over me, as she did in this thing, she would be cash-keeper, and would not let me, when I received my wages, have any more than a shilling or so at a time, and then I must give her an account of every sixpence that I laid out, and when I gave her a true account she abused me very much. She resolved, however, that she would not live with me. I reasoned the matter with her about breaking wedlock. I told her what the scriptures said, that whom the Lord had joined together, no man should put asunder; I told her I knew her make, and that she could not do without a man, but would be perjured, and would commit adultery. She told me she would go from me in a fortnight; at the fortnight's end I little thought she would leave me, for she had been very quiet with me.

Court. Why did you marry the second woman?

Prisoner. Because, my Lord, the first went away and left me in Portsmouth, and bedded with a man for a year and a half in my absence; then, after that, my Lord, at two years end it pleased the Lord in his Providence to bring me to London, and I took her again, not knowing what she had done till afterwards; then again, we were removed into East Smithfield, where we lived for three or four years, or more, together; then she went on again drinking and pawning every thing she could lay her hands upon; she retailed my coals, my candles, my tea, and every thing out to the neighbours to get money to purchase drink; when I came to the knowledge of this, she used me exceedingly ill, throwing irons, and knives, and a variety of things, at me; after this, one night, when I was gone to hearing -

Court. The Court cannot sit to hear all the quarrels between you and your first wife, tell us your reason for marrying the second, as to all you

can say with respect to your first wife it cannot avail you at all.

Prisoner. My Lord, when she had run away, I had not the gift of continency myself, and I understood, from the Scriptures, that when a woman has gone aside from her husband, it is lawful for a man to put away his wife; and as I saw myself clear before God, I did not know I was not clear by the laws of my country; I met with my present wife, whom I married, in the Lord, that I might not commit fornication, having first told her that my former wife was living; my first wife was as young as myself, -

Court. I cannot hear the point argued, the law is clear, and you confess the fact.

GUILTY (Aged 46).

Confined one year in Newgate , and fined 1s.

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

Reference Number: t17980912-59

526. THOMAS CHAPMAN was indicted for that he, on the 7th of July , twenty pounds weight of lead, value 3s. belonging to a wooden cistern lined with lead, the property of John Armstrong , and fixed to his dwelling-house, feloniously did rip with intent to steal .

Second Count. For feloniously breaking with intent to steal.

Third Count. For that he, on the same day, twenty pounds weight of lead, value 3s. fixed to a certain dwelling-house, feloniously did rip with intent to steal.

JOHN WARD sworn. - I am servant to Mr. Armstrong, a master carpenter , at Pimlico : I know nothing about the lead.

JAMES KNOWLES sworn. - I have the adjoining premises to Mr. Armstrong, and have the letting of the houses: On the 7th of July, between twelve and one o'clock in the noon day, I went to the house No. 16, Hans-Place, Sloane-street, it is Mr. Armstrong's house; I found the chain put up inside so that I could not get into the house, I really thought somebody was in the house; I went to the house adjoining, and went through that house, and broke a way into the other house; I went in and searched every room all the way down till I came to the bottom, and saw the chain, which I found in a very critical situation, it was turned three times round the worm; when I let my friends in to assist me, we pursued for the persons that we thought were in the house, we lighted a candle, and found the prisoner in the back cellar, or wine vault, stuck up in one corner, it was a very dark cellar; when we found him, we secured him in the parlour, and searched the house, but found nothing but the lead broken from the wooden sink in the front kitchen, the holdfasts were broke away, and the rest of it rendered almost useless; we were too soon upon him, he had broke part of it, and we found some tools there.

Q. Had he broke any part of it intirely off? - A. Yes, one part he had, because he could not get the holdfasts out; after we had secured him he acknowledged to putting up the chain, he denied touching any thing in the house; he said, he only went to case himself; I asked him if there was any body else in the house besides himself; and he said, go and look.

ROBERT WILSON sworn. - I was called to the assistance of Mr. Knowles, I was at work close by; Mr. Knowles let me in, and we found him in the cellar, up in a corner, and this crow was lying upon the ground between his legs, it was all over mortar, and had been just used; there was none torn quite off, only wrenched up from the woodwork, there was none torn quite away; it was separated from the place where it should be, but not cut off.

Q. (To Knowlys.) Did not you say there was a part of it intirely separated? - A. It was not taken away, but lapped over.

Prisoner's defence. I found the house open, and I went in to ease myself.

GUILTY (Aged 31.)

Transported for seven years .

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

Reference Number: t17980912-60

527. MARY DAVIS was indicted for feloniously stealing, on the 14th July , a cotton gown, value 10s. 6d. a child's frock, value 2s. a cotton pocket handkerchief, value 6d. a silk handkerchief, value 4s. a cotton shawl, value 1d. two white aprons, value 2s. 6d. and a pair of cotton stockings, value 1s. 6d. the property of Thomas Sutton .

ANN SUTTON sworn. - I am the wife of Thomas Sutton , Saffron-street, Saffron-hill ; my husband is a soldier now, and is abroad. On the 14th of July, about four o'clock, I went out and locked my door; I came home about six, and found my door open, I missed the things mentioned in the indictment, (repeating them); I went to Mr. Wells, the pawnbroker, in Turnmill-street, where I found my white apron, and a white apron and a pair of stockings at Mr. Lowe's, Clerkenwell green; I know nothing at all of the prisoner; she is quite a stranger to me.

THOMAS WELLS sworn. - I am a pawnbroker, No.74, Turnmill-street; I had seen the prisoner at our shop several times, (produces an apron); it was pledged with me by Mary Davis on the 14th of July, between four and five o'clock; I am sure she is the person.

Prosecutor. This is my apron, here are two marks upon it that were made by aqua fortis.

JOHN STEVENSON sworn. - I am servant to Mr.

Lowe, (produces a while apron and a pair of cotton stockings); they were pledged at our shop by the prisoner on the 14th of July, I cannot say as to the time of the day, but I believe it to be about three or four in the afternoon.

Prosecutrix. I know this to be my property.

Prisoner's defence. My husband is a clockmaker, and since that business has got so low, I have gone about to change china, and I had changed some china for these things.

GUILTY (Aged 49).

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

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

Reference Number: t17980912-61

528. JOHN MANNING was indicted for feloniously stealing on the 26th of May , a cloth coat, value 20s. the property of James Gibbons .

JONATHAN HAMMOND sworn. - I live at Mr. Gibbons's, woollen-draper , No. 84, Oxford-street; I was sent home with a coat to Mr. Webb's, in Bolton-street, Piccadilly, on Saturday evening, the 26th of May, we did not know the gentleman, and I was to wait for the money for it, and turning round the corner of Bolton-street , the prisoner met me, and said, you are going to Mr. Webb's, are you not? I told him, yes, I was; he said, he was come in a very great hurry from Mr. Webb, he had a key in his hand; he said, he was to take the coat, and I was to go to the great hotel place, where a great many coaches came to, facing the Green-park, I believe they call it the White-horse Cellar, I was to go there to ask for a parcel for Mr. Webb, and he was to take the coat to Mr. Webb; I gave him the coat wrapped up in a black wrapper; he asked me for the bill, and I gave it to him; I went to the White-horse Cellar, but there was no such parcel; then I came back to No. 10, Bolton-street, and Mr. Webb was not at home; I waited there, and was crying about the street, and asking the people; I went to No. 10, Bolton-row, to see if it was there, I was afraid to go home; a great while after that I called at No. 10, Bolton-street, again, and Mr. Webb was come home, and he went with me to Mr. Gibbons's; Mr. Webb had another coat made, and about a fortnight ago I was going with Mr. Gibbons into the country, Mr. Gibbons sent me home with a whole piece of woollen cloth, as much as I could carry; I went with it as far as the corner of Newman-street, in Oxford-road, and this John Manning came up to me, and said, that he was sent from Mr. Gibbons's shop to take the cloth; it struck me directly that that was the man that took the coat from me; I was very near Mr. Gibbons's, and he said I was to go back again to the corner of Hanway-yard for a parcel, where the coaches stop; I said to him, should I take the cloth along with me for the parcel, and he seemed quite in a flurry; he said, oh, no, I must take the cloth, and you must go for the parcel; I had put the cloth down from my shoulders, and he had his hands upon it to take it, but I did not let it go; then I took hold of him by the collar, and told some gentlemen to stop him; with that he got away from me in a minute, and pulled his apron off and buttoned his blue lappelled coat; he did that just as he began to run, he run as bard as he could; I called out stop thief, and I ran after him as well as I could; he ran down Oxford-street as far as Berner's-street, he was stopped at the top of Berner's-street by this young man; I am sure he is the man that took the coat, I knew him directly when he came up to me when I had the cloth, I am sure he is the same man; I asked the people that had got him to bring him to No. 84, Oxford-street, facing Poland-street, and just by the door he was rescued; he ran down Poland-street, and there was a constable delivering a summons there, and he took him again; he was brought back to Mr. Gibbons's shop, and searched, they tied his hands with a piece of lift, and took him to the office, there was a rule found in his pocket, and some papers of his own, he was a carpenter.

Prisoner. What kind of a coat had I on? - A. In Oxford-road he had a blue coat on, when I saw him before he had no coat on, he had a jacket and an apron on; there was a boy saw him talking to me at Newman-street, and another boy, and I asked them to go to the office, and they said, no, they would be out of the mess.

Q. Are you sure he is the man that took the coat? - A. Yes; it was a good while ago, but I knew him as soon as ever he came up to me when I had the cloth.

BARNETT- HENRY BROWN sworn. - I live in London-street, Fitzroy-square.

Q. What are you? - A. A gentleman's son; I was coming down Oxford-road, I heard a cry of stop thief, I stopped this man, who was running, and told him it was for a coat, I searched his pocket for his apron, and he had not got it; he said, he would go back with me; the boy told me he had an apron on, but when I stopped him he had not.

Prisoner. Q. What coloured coat did the boy say I had on? - A. He said you had a brown coat on, he made several hesitations about it, he was not quite certain.

Q. What are you yourself? - A. A gentleman's son; my father is a Portugal merchant, and generally resides there, he has no business here, he transacts for Mr. Duff, in Finsbury-square.

Court. Q. The man was running when you stopped him? - A. Yes.

Q. How long has your father lived in London-street? - A. Seven years and a half.

Q. Who is your father's partner in Portugal? - A. I do not know, all his letters come in Portuguese, I do not know any thing of him, he is a steward, I believe.

Q. Steward to a merchant? - A. Yes.

Q. What part of Purtugal is it? - A.Somewhere in the North.

Q. What province in the North? - A. I cannot tell, I never heard the name mentioned.

Q. Mr. Duff is the correspondent? - A. Yes.

Q. Did you never hear the name of your father's partner there? - A. No.

Q. How old are you? - A.Eighteen.

Q. Where did you stop the prisoner? - A.At the corner of Castle-street, in Berner's-street.

Q. You did not stop him in Poland-street? - A. No.

Q. You have not told us a word of his running away? - A. A young man laid hold of him from me, and asked him what business he had to stop or be taken, and he ran away down Poland-street, and there he was stopped by a constable, and then I went back with him to the shop.

Q. (To Hammond.) Did you ever say any thing about his having a brown coat? - A. No; I went into the crowd, and said, it was a blue coat; this Mr. Brown has been to see him in Clerkenwell prison.

Brown. No, I have not; I went to see another person there, Bill Doyle, and then I saw him.

Hammond. At the time I was getting the bill, I could not find him, and he did not answer, and when he came back, he said he had been to see poor Manning, that he had got five children.

Court. (To Brown.) Q. I shall enquire your description - what is your father's name? - A. Bernardino Escoffia , No. 40, London-street.

Q. How came you by the name of Brown? - A. That is my mother's name, and I put my own name besides, Bernard-Henry Brown , my mother lives there too.

Q. And she goes by the name of Escoffia? - A. No, Mrs. Brown, he is my second father, he is not my first father.

Q. How came she to go by her first husband's name? - A. I was too young to know any thing about it; my first father was killed in a duel.

Q. What was your own father? - A. I do not know, I never heard.

Q. And you never enquired what he was? - A. No.

Q. Then of course you never enquired whether he died worth any money? - A. I did not.

Q. You may have a very large fortune for any thing you know? - A. I do not know indeed.

Q. And you are eighteen years of age? - A. Yes.

Q. Does your father speak English? - A. He can speak a little English, but he speaks more French; Mr. Gordon, No. 29, Percy-street, comes to him very often.

Prisoner's defence. I am an innocent man of this fact, I was going that way about some business, I am entirely innocent of it, I have a wife and five small children; I know nothing of it more than the child unborn.

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

GUILTY (Aged 44.)

Transported for seven years .

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

Reference Number: t17980912-62

529. GEORGE WILLIAMS, otherwise CHRISTOPHER HOLYLAND , was indicted for being found at large before the expiration of the term for which he was ordered to be transported .

WILLIAM HARTSHORN sworn. - I am the first mate of the Stanislaus hulk, lying off Woolwich Warren; the prisoner was delivered by the jailor of Leicester, on board that hulk in April, 1794; and in October, 1795, he received a conditional pardon, upon serving in his Majesty's navy.(The pardon produced and read.)

Q. Is the prisoner the man that you delivered? - A. Yes; I delivered him to Lieutenant Christie.

JOHN NOWLAN sworn. - I went with my brother officers to the prisoner's lodgings in St. Catherine's lane , on the 11th of August; we told him there was an information laid against him at the office, and he must go with us, which he did very readily; we took him into custody to the office, that is all I know of him, (produces a certificate of his conviction); I received it from Mr. John-Frederick Hilditch , clerk of the assize at Leicester; I saw him sign it at his office, in Gough-square.

Mr. Knowlys. Q. Do you know Mr. Hilditch? - A. I never knew him before.

Q. Who did you enquire for? - A. Mr. Hilditch.

Q. What is he? - A.Clerk of the assize, as I am informed.

Mr. Knowlys. He is only deputy.

Court. It is signed by Mr. Hilditch, as deputy clerk of the assize, and therefore as such I shall certainly receive it.

(Mr. Alley contended, that it ought to be signed by the clerk of the assize himself, and not by his deputy, and that therefore it ought not to be received in evidence.)(The Court over-ruled the objection.)(The copy of the conviction read.)

Mr. Knowlys. (To Nowlan.) Q. You were not present at the trial at Leicester? - A. No.

(Here Mr. Knowlys and Mr. Alley contended at considerable length, that there was no proof of identity of the prisoner's person.)

Court. What is the evidence here? I have under the King's signed manual an assertion of this fact, that the prisoner, George Williams, otherwise Christopher Holyland, the very man at the bar, was convicted of stealing goods, the property of John Forrest , and received sentence of transportation for seven years; that the King says, and then he says, he shall be pardoned, on condition of serving in the navy, and the prisoner admits that he is the man, for he accepts the terms of the King's gracious pardon, by going on board a ship.

Mr. Knowlys. I take it that is by no means proved. The man having him in custody delivers him over to a person who gives a receipt for him, but it is by no means proved that he is called up and asked whether he will accept it.

Court. I hold that not to be necessary; the favour of the King's mercy it shall not be in his power to refuse.

(Mr. Alley also contended, that there were but three Acts of Parliament which related to the offence of returning from transportation, and that the present case did not come within either of them.)

Court. I am perfectly satisfied that there never was a clearer point before a Court. The learned gentleman says, there are but three Acts of Parliament which relate to this offence, one making it selony to be found at large after having received sentence of transportation; another, where a man having first received sentence of death, and after wards the King's pardon, if he is found at large that shall be felony; and the third is, where he undertakes to transport himself, and is found at large. Now, what is the case here? This man is under sentence of transportation upon one of these very acts of Parliament, he is proved to be in custody under that sentence, he is discharged from thence on condition of entering and serving on board his Majesty's navy, and he is to remain there till he is duly discharged. If he deserts, he is directly within the Act of Parliament for returning from transportation. It seems to me, therefore, one of the clearest points that ever came before a Court.

Prisoner's defence. I am no deserter; I was regularly discharged.

For the prisoner.

SAMUEL INMAN sworn. - Examined by Mr. Knowlys. I am a clerk in the Navy-office.

Q. Have you the book belonging to the Atlantic? - A. Yes.

Q. Have you the name of this prisoner entered as on board that ship? - A.There is no such name as that on board the ship; there is the name of Joseph Wilson as entered on board this ship, from the 12th of December, 1797, as an able seaman, to the 2d of June, 1798, as captain's clerk, and then he is discharged on the 2d of July, 1798, by request.

Court. Q. You know nothing of his person? - A. No.

Mr. Alley. Q. What was the captain's name? - A. Stephen Donovan .

Q. Do you know the hand-writing of Stephen Donovan? - A. No.

Q. (To Nowlan.) Don't you know that he appeared at the Public-office in the name of Wilson? - A. That is the name he gave in at the office.

OSBORN STANDRIDGE sworn. - Examined by Mr. Knowlys. I am Comptroller of the Treasury Accounts in the Navy-office.

Q. Do you believe this to be the hand-writing of Mr. Donovan? - A. Yes, I believe it is; I know it very well.

GEORGE-SPENCE EYLES sworn. - Examined by Mr. Knowlys. I am Solicitor for the prisoner: I was with Mr. Donovan on board the Atlantic armed ship, on the 29th and 30th of August, at Guernsey; I went in consequence of the prisoner being committed; I received these two papers from him.(Producing them).

Court. These papers are certainly not evidence; the book is evidence, that is the discharge, the book proves it.

EDWARD SMITH sworn. - I am an officer: I never knew the prisoner by any other name than that of Wilson.

NOT GUILTY .

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

Reference Number: t17980912-63

530. MARY ROBERTS was indicted for feloniously stealing, on the 9th of August , sixteen yards of linen cloth, value 20s. the property of John Lawrence and Charles Jolland , privately in their shop .

THOMAS DUTTON sworn. - I live at Tottenham, I am shopman to Messrs. John Lawrence and Charles Jolland , linen-draper s, in Ludgate-street : On the 9th of August, between three and four o'clock, the prisoner came into our shop, with a person of the name of Bridget Murphy , they both asked the price of a piece of goods, they said it was a shilling a yard too dear; I followed Mary Roberts to the door, she was going out quickly, and I put my hand upon her, and told her I would shew her another piece; upon that, there immediately dropped from her a piece of Irish.

Q. Had you any suspicion of her? - A. No.

Q. Who was in the shop at the time? - A. No

body belonging to the shop but myself; there were two ladies on the other side of the counter; I was close to her, I did not see the cloth till I heard the report; there is a counter on the right, and one on the left, I was on the same side the counter the prisoner was; the two women were close together, and the two ladies were about a yard off.

Q. Can you take upon yourself positively to say from whom it dropped? - A. It tell close to her feet, between her and me; she stood upon the cloth, there is the mark of her feet upon it, I believe, now.

Q. Where had the cloth been before? - A. Upon the counter.

Q. Might not Bridget Murphy have taken it and given it to this prisoner? - A. I cannot say. (The constable produced the property).

Dutton. This is our property, it has our private mark upon it.

THOMAS EWER sworn. - I am shopman to Messrs. Lawrence and Jolland, I was not in the shop at the time; all that I know is, that I left this piece of Irish on the counter when I went up to dinner, about three o'clock.

The prisoner did not say any thing in her defence. GUILTY of stealing, but not privately . (Aged 20.) Confined three months in Newgate , and fined 1s.

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

Reference Number: t17980912-64

531. RICHARD CLARK was indicted for feloniously stealing, on the 28th of August , a pocket-book, value 2d. a half-guinea, and four shillings, the property of Edward Meyrick , privily from his person .

EDWARD MEYRICK sworn. - I have just come from the West Indies, I was servant to one of the mates: On Tuesday in the forenoon, about twelve o'clock, or thereabouts, walking down Fleet-street , a young man tapped me on the shoulder, and asked me whether I had lost any thing: I put my hand to my left-hand coat-pocket, and missed my pocket book; it contained half-a-guinea and four shillings.

Q. Did you feel any body at your pocket? - A. No.

Q. When had you seen it? - A. Three or four minutes before.

Q. Did you ever see your pocket-book since? - A. No; here is a witness here that saw the prisoner take it.

Cross-examined by Mr. Alley. Q. Whereabouts in Fleet-street was it? - A. Near Bride-passage.

Q. Where had you been before that? - A. From my lodgings at Westminster.

Q. Where were you when you had seen your pocket-book? - A. In Fleet-street.

Q. Did you stop any where in Fleet-street? - A. No, not before the young man tapped me on the shoulder; I had my hand upon my pocket-book in Fleet-street.

RICHARD DAVIS sworn. - I am a watch-maker: I was going along Fleet-street on Tuesday in the forenoon, about twelve o'clock, or a little after; I saw Richard Clark follow the last witness, put his hand into his pocket, take something out, and give it to a person on his right-hand, there were three of them together; they then turned down Brides-passage; I immediately followed Meyrick, and tapped him on the shoulder, and enquired of him if he had lost any thing; he clapped his hands to his sides, and said, yes, he had lost his pocket-book; I then went down Bride-lane, turned up Brides-passage, and going up Brides-passage, we were met by a person who enquired of us if he was the young man that had lost the pocket-book; we went through Salisbury-court, this man, Meyrick, and me, down Primrose-hill, into Water-lane, and he was taken in Fishers-alley.

Q. Now, are you sure he is the man that put his hand into the prosecutor's pocket? - A. Yes; they were all three taken before Alderman Boydell, but the other two were discharged.

Cross-examined by Mr. Alley Q. So you took three person before the Alderman, and two of them were discharged? - A. Yes.

Q. Why did not you stop the man at first? - A. As soon as ever the prisoner had picked his pocket, they turned down Brides-passage.

Q. Did you not say, before the Magistrate, you were not sure, and you only thought he was one of the men? - A. I did not say any such thing, I was positive he was the man.

Q. There was abundance of opportunity for him to have escaped while you were talking to the prosecutor? - A. We pursued them closely.

JOHN HILL sworn. - I was coming by at the time this man was taken up, and he abused me very much.

The prisoner did not say any thing in his defence.

GUILTY (Aged 34.)

Of stealing but not privately .

Transported for seven years .

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

Reference Number: t17980912-65

532. MARGARET BUCKIE was indicted for feloniously stealing, on the 10th of July , a cotton shawl, value 3d. two muslin aprons, value 7s. a linen shirt, value 3d. a tippet, value 1d. a laced cap, value 5s. a table cloth, value 2s. 6d. a pair of cotton stockings, value 2s. and two silk sashes, value 2s. the property of John Williams .

LUCY WILLIAMS sworn. - I am the wife of John Williams, I live at No. 26, Grays-Inn-lane , my husband is a smith and farrier : The prisoner

came to my house, and I gave her a little needlework to do; while she was backwards and forwards in my room I missed the property mentioned in the indictment; about two months ago, she came to me on a Tuesday, and on the Sunday following I missed the things; I went to Mr. Lowe's, the pawnbroker, on Clerkenwell-green, for she had been seen to go there, and used that shop; he said, he would not tell me whether he had such things or not, he said, he could not without either the duplicates or the person that brought them; then I went to the Police-office, and had her taken into custody; the officer went with me, and found a muslin apron, and a coloured shawl, and my child's tippet and shift, at the pawnbroker's.

GEORGE LONGDEN sworn. - I am a Police-officer belonging to Hatton-garden: about the 14th or 15th of July last, I was sent for by the prosecutrix to take the prisoner into custody; I took her to Mr. Lowe's, the pawnbroker, and he said, that was the woman that pledged the articles.

JOHN STEVENSON sworn. - I am servant to Mr. Lowe: On the 15th of July, the officer and the prosecutrix came to enquire for things pledged in the name of Buckie; I told them I could not tell, unless I saw the ticket, there was no such name as Buckie in our books; but as soon as I saw the pri soner I knew immediately, and produced the goods, for she had pledged them in a different name. (Produces the property).

Prosecutrix. These things are my property, the apron has my work upon it; I am sure they are all mine.

Stevenson. There had been a white apron and a table-cloth.

Prisoner's defence. I had some work to do for her, and she gave me the shawl with the things wrapped up in it.

GUILTY (Aged 42.)

Transported for seven years .

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

Reference Number: t17980912-66

533. THOMAS STONE was indicted for feloniously stealing, on the 7th of September , three pieces of mahogany, value 5s. the property of John Schinnel .

JOHN SCHINNEL sworn. - I live at No. 2, Queen's-head-alley, Wapping, I am a carpenter : I missed three pieces of mahogany, on the 6th or 7th of September, from the premises of Messrs. James and Weatherhead, coopers, No. 128, Wapping ; I know nothing of the property being taken.

GEORGE CAMPLEY sworn. - I am a labouring man, I work for Messrs. James and Weatherhead, to look after saddle-horses; there is a thoroughfare through the yard, the mahogany laid in a cart-house, and the doors were open; these pieces were lying about the yard, I did not think they were of any value, and I dare say the prisoner did not; he said, he would take them to make a bird-cage of; I saw the prisoner take them; I was charged with it, and then I spoke about it.

Q. What did he do with them? - A. He took them under his arm, and carried them away; he is a hoop-porter; he did not conceal them.

Q. You were not to have any part of the profit of it? - A. No.

Q. What time was it? - A.Between six and seven, after he had done work.

ROBERT BROWN sworn. - I am a Police-officer belonging to Shadwell office: I apprehended the prisoner on Monday last; I found the property in the prisoner's house, Calico-buildings, Bermondsey; I believe he is a porter to Mr. Weatherhead.

Schinnel. I am sure these are mine, two of them I have had so often in my hand, and so long, that I could pick them out of five hundred; they are worth eight or nine shillings.

Prisoner's defence. I was passing by the stable door, after I had done work, I saw these pieces against the brick wall, and I took them home for fire wood; I did not know that they were of any value.

GUILTY (Aged 34).

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

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

Reference Number: t17980912-67

534. ANN HAMPTON was indicted for that she, on the 8th of May, in the 30th year of his Majesty's reign , being then married, and the wife of James Hampton , did marry and take to husband one James Tyrrell , her former husband being then alive .

James Tyrrell , the principal witness, not appearing, the prisoner was ACQUITTED .

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

Reference Number: t17980912-68

535. SARAH LISTER, otherwise EGERTON , and JANE WILLIAMS, otherwise HOWARD , were indicted for feloniously stealing, on the 19th of May , 30 yards of black silk lace, value 10l. the property of Richard Baker , privately in his shop .

SARAH BAKER sworn. - I am the wife of Richard Baker : I lost two cards of black silk lace, there were fifteen yards on one card, in all thirty.

Q. What was it worth? - A. About 10l.

Q. Where was it? - A. In a drawer upon a table, at the far end of the room.

Q. It was not in the shop? - A. No, it is a private room, where we carry on our business; we have no shop; that room we seldom admit any body into, unless we know them, or unless they are people of fashion. On the 19th of May, the two prisoners came to our room; -

Q. Had you known them before? - A. I had seen them before, unfortunately, in another house that we had, in the same street. When they came in, on the 19th of May; I had been shewing some lace to some ladies of fashion, I did not much like their appearance, and I put this lace into a drawer, and placed it at the far end of the room; as soon as I was disengaged, I went up to these women, on purpose to get them out of the house; I went up to Jane Williams , and asked her very sternly, what she wanted; and she immediately turned round hastily from the table where the lace was; they both seemed very much confused, but more particularly the young one, Lister; she told me, she wanted a bonnet; I told her to make choice of one, if there were any there that suited her, and to leave the room; she fixed upon one very improper for her; I had a very strong suspicion that she had robbed me; the price was to be eighteen shillings; I told her, she could not have that that she had fixed upon, and she desired to have one made like it, and she would call for it in the evening; she gave me a guinea. I then called two or three of my young people into the room, who were my apprentices or assistants; I was looking about the room, to see if the lace veils were safe; we found the veils, but did not look into the drawer where the laces were. I was conscious they had robbed me of something, but did not know what; when I was at leisure, I went up to this drawer, and upon opening it, I missed the two cards of lace that I have named; they did not come that evening. On the Tuesday following, I went to the door by accident, and they were just passing; I do not believe it was their intention to come in, had I not seen them; they came in, and appeared very much confused; indeed, I asked them the reason they did not call on Saturday; they said, it rained; I then asked them if they wanted any thing else; they seemed both to answer the question; I had not change, I told them, I must send out for it; they then seemed very anxious to get away, without the change; while I sent for the change, I called up a boy that we have, I desired him to go to the front door, and take particular notice of these women, and to watch where they went to, after they left our house. When I went back into the room, they said, they would not stay longer for the change, they would call again; they took the hat away, and went without their change; the boy watched them into Mr. Gray's, a silversmith, in Bond-street; they had been in a great number of shops; then they met a post-boy with a returned chaise, who went with them into a public-house at the top of the Hay-market, and there staid some time; the boy then followed them to the White-horse Cellar; he lost them there, and returned home; they went into the Richmond stage. Some weeks afterwards I heard that two women were in custody, and I went to Bow-street to hear their examination; there was an advertisement in the paper, cautioning shop-keepers, and saying they were in custody; I immediately knew them to be the same women, and I was bound over to prosecute. I never found my property.

Q. Had there been any body else in the room? - A. Only the two ladies that were there when they came in, Lady Carhampton and her friend, nobody else had been near it, there were a number of persons near the drawer of our own people, but they were perfectly honest.

Cross-examined by Mr. Knowlys. Q. Where is your shop? - A. No. 142, New Bond-street , near the bottom of Bruton-street.

Q. This happened so far back as the 19th of May? - A. Yes.

Q. Have you a number of people that serve in your shop? - A. I serve myself principally, I have a number of people that make up the articles.

Q. You do not mean to say you saw them take this lace? - A. I have no doubt but they did, for they turned from the place where the lace was.

Q. Do you mean to say that you saw them take it? - A. No.

Q. Then you swear that they took it, though you did not see them? - A. I believe they did.

Q. If any of the veils you have been speaking of had been missing for five minutes, you would have charged them with it? - A. If I had known there had been nobody left in the room but themselves, I should most assuredly.

Q. This happened on the 19th of May, of course you had mentioned your suspicions of these people? - A. Yes.

Q. On the Tuesday following they came in again, without your calling them? - A. Yes; I looked at them very earnestly, but I did not say any thing to them before they came in.

Q. And they paid you? - A. They had left a guinea the first time, I sent out for change.

Q. How long might they wait for change? - A. Three or four minutes.

Q. The change was only three shillings? - A. Yes.

Q. And they were going out of town? - A. They went by one of the short stages, I think it was the Richmond.

CATHERINE M'GIBBON sworn. - I live in Mr. Baker's house; I saw Mrs. Baker put the laces into the drawer just after the prisoners came into the room; she put it upon the table where the women were trying the hats.

Q. Were they covered with any thing? - A. No; there was not any body at that end of the room but the prisoners; I was taking down a lady's address, and Mrs Baker was taking down another lady's address; we could not then see the drawer, because we were both writing at this end of the room; there was then nobody there but the two prisoners; the ladies went away instantly; they were not at that end of the room where the box and women were. When the ladies were gone, Mrs. Baker, as well as myself, saw the women coming from the drawer; they turned from the table just as we turned from the ladies; I went and looked in the drawer before any person came in afterwards, and I missed the two cards of lace.

Q. Was there any body else of your own family in that room, or near the drawer, after the ladies went away, and before your mistress searched? - A. Certainly not, for the people coming from the work room go a round about way, because of distinguishing the people in the room.

Cross-examined by Mr. Alley. Q. There were a number of other girls in the house? - A. Yes.

Q. And all very honest? - A. Yes.

Q. And they had access to this room? - A. Yes.

Q. They are there backwards and forwards occasionally? - A. It is very seldom that they do, they were not that day.

Q. How many people had been in after the ladies of fashion went away, and before you missed the lace? - A. Nobody at all.

Q. As to the laces, you did not see them yourself? - A. Yes, I saw Mrs. Baker put them in the box.

Q. In what part of the shop might the looking-glass be? - A. The glass they were looking at was close by that table.

Q. Therefore they might be near the table without any dishonest intention? - A. Certainly.

Lister's defence. I am entirely innocent of the charge.

Williams's defence. I am entirely innocent.

Lister called three, and Williams one witness, who gave them a good character.

Both NOT GUILTY .

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

Reference Number: t17980912-69

536. SARAH BARKER was indicted for feloniously stealing, on the 31st of July , a cotton frock, value 1s. and a beaver hat, value 6d. the property of James Lake .

ESTHER LAKE sworn. - I am the wife of James Lake: I sent my little boy to school with his hat and frock on about a quarter after nine in the morning of the 31st of July, and about a quarter past eleven the child was brought home out of Lincoln's-inn; I live in Fetter-lane, my husband is a publican ; the child was very much stained with cherries, and very much frightened, he has been very ill ever since, he will be four years old in November.

SARAH BIGGERTON sworn. - I am servant to Miss Jackson, who keeps a school; the prisoner rung at the bell; she came with Mrs. Lake's compliments to Miss Jackson, and she wanted the child home, there was a person wanted to see him, and Miss Jackson let her have the child; I am sure the prisoner is the person.

MARY JACKSON sworn. - I keep a school in Castle-street, Holborn, Mrs. Lake's child came to my school; the prisoner came to me on the 31st of July, about a quarter after ten, with Mrs. Lake's compliments, and would be glad to have James Lake home, there was a lady there wished to see him; upon that I delivered the child to her; as she was going down stairs, the child had no hat on; I returned, and saw the child's hat lay on the table; I gave her the hat, and she thanked me, and said, the child was not going to return again that morning. I believe the prisoner to be the woman.

Q. Have you any doubt? - A. I believe her to be the woman.

Q. (To Mrs. Lake.) Did you send this woman for the child? - A. No; I think it is the same woman that was walking about the street when my servant went with the child to school; there were three of them walking backwards and forwards for almost two hours, before the child went to school, and she had the same gown on then that she has now.

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

GUILTY (Aged 28.)

The Court immediately pronounced sentence of Transportation for seven years .

Tried by the second London Jury, before

Mr. COMMON SERJEANT.

Reference Number: t17980912-70

537. WILLIAM ABELL was indicted for feloniously stealing, on the 8th of July , 30 guineas, a half-guinea, 49 dollars, three Bank-notes, each of the value of 10l. three other Bank-notes, each of the value of 5l. two other Bank-notes, each of the value of 20l. eight other Bank-notes, each of the value of 2l. and a promissory note for the payment of 51l. 18s. the property of James Trimbey ; two pocket-books, value 2s. 15 guineas, and four Bank-notes, each of the value of 1l. the property of Thomas Pearson ; and another Bank-note of the value of 100l. the property of George-Henry Trimbey .

JAMES TRIMBEY sworn. - I live in Queen-street, Cheapside , I am a merchant : The prisoner was porter to me, he had been in my service about

two months; I was not at home when the robbery was committed.

GEORGE-HENRY TRIMBEY sworn. - On Sunday night the 8th of July, between the hours of nine and ten, I was informed that our house had been robbed; I was alarmed by the watchman who had found the warehouse-door open; I examined the state of the warehouse, and then I examined the state of the accompting-house; I found both the desks in the accompting-house broke open, the key of the iron chest, which contained the property, was missing from the desk in which it was usually kept, in which I had put it myself the day before; I went to the iron chest and found it open, I found the tin box which generally contained the bills, and the other property that is gone.

Cross-examined by Mr. Gurney. Q. Are you in partnership with your father? - A. No.

Q. Is he in partnership with any body? - A. Not in that house.

WILLIAM FERBER sworn. - I am a watchman, I gave the alarm: I found the warehouse-door open on Sunday evening the 8th of July, about ten o'clock, I made the alarm to Mr. Trimbey's servant; the door had not been broke, the lock was not broke, nor the chain broke, they must have opened it.

THOMAS PEARSON sworn. - A. I am clerk to Mr. James Trimbey : On the 7th of July I left the accompting-house earlier than I do in general; about six o'clock I put the principal part of the property into a chip box, with the idea that there should be no derangement in the cash after I left it, I left two ten pound notes, with sundry bills, in a tin box in the desk, locked up, Mr. George Trimbey having the corresponding key, for the purpose of putting the property away into the iron chest if I am not there; the property was eight-two pounds two shillings, in a little bag, in Bank-notes and gold, and twenty-eight pounds, odd shillings, in paper, that is James Trimbey 's property; an hundred pound note of George Trimbey 's, which was in a pocket-book of my own, with about fifteen guineas, and four one pound Bank-notes of my own; also another pocket-book, with my name in it, a King William and Queen Mary's guinea, and my private accounts; this last pocket-book I have in my pocket now, I found it at Putney, in the possession of Elizabeth Sims , with Bank-notes to the amount of two hundred and one pounds; ten one pound notes I found in the privy of John Draper , where the prisoner lodged, and also a large pocket-book in which was my own money; and the hundred pound note of George-Henry Trimbey's, and bills to the amount of upwards of six hundred pounds.

Q. How came you to go to Draper's privy? - A. A tin box with policies of insurance, and other papers, useful to Mr. Trimbey, were found in our own privy, with a pair of pincers that we suppose the desk was wrenched open with; and a King William and Queen Mary's guinea was found in his coat-pocket in my presence; behind his chest I found small pieces of paper of my own hand-writing, that had been taken out of my pocket-book; and a bag containing dollars, that I left in my desk on the Saturday night.

Q. What is the value of the dollars? - A. I took them at thirteen pounds one shilling in my cash account, they were found upon him by Jackson the constable.

Cross-examined by Mr. Gurney. Q. Whose property were the dollars? - A. James Trimbey 's.

Q. And one hundred pounds you say was George-Henry Trimbey's - how do you know that was his? - A. I received it from him to take care of.

Q. In what situation is George-Henry Trimbey ? - A. In his father's accompting-house.

Q. But you sometimes received money from him on James Trimbey's account? - A. No; I do not know that I ever did.

Mr. Gurney. (To George-Henry Trimbey .) Was that hundred pound your own property? - A. Yes.

Q. Your father had no share in it? - A. None.

MARY NORTHCOTE sworn. - I live fellow servant with the young woman that received the money, Elizabeth Sims , at Mr. Devesmes, at Putney-heath: I was present when she received the notes on Sunday evening, the 8th of July, he came down to see Elizabeth Sims, as he usually did on a Sunday; he delivered to her two hundred and one pounds in Bank-notes, in a pocket-book.

Q. What did he say to her? - A. Only that he had a little money to give her.

Q. How long was it kept? - A. Till the Monday, Mr. Robert Trimbey , and another gentleman, came down for them.

Q. Were they delivered to them? - A. Yes.

Cross-examined by Mr. Gurney. Q. Was it the next day, or a week after, that the gentlemen came down? - A. The day after.

Q. Did you count these notes? - A. Yes; I counted them down to her because she could not read nor write, I counted two hundred and ten pounds, and he asked for ten back, but I made a mistake and gave him but nine.

Q. Whether it was the same pocket-book, and the same notes, that were given to the gentlemen you do not know? - A. No, I do not.

ELIZABETH SIMS sworn. - I live servant to Mr. Devesmes: On Sunday the 8th of July, the prisoner came down to see me -

Q. He paid his addresses to you? - A. Yes; he came down and left with me, as I was told 201l.

Q. Who reckoned them? - A.My fellow-servant; there were two hundred and ten pounds, but he had nine out of it, he asked for ten, and my fellow-servant thought she had given him ten; I put them into my box, and on Monday Mr. Trimbey, and his clerk came down, and I gave them the pocket-book exactly as I received it.

Pearson. (Produces the pocket-book.) I have had it ever since, it has my name registered upon it, it is the same pocket-book; it contained, when I received it, two hundred and one pounds.

Q. Do you know any of them to be the same notes that were lost? - A. Yes; I thought two sufficient, and here they are, the hundred pound and a ten pound note, these I swear to; the ten pound note was in the tin box, and the hundred pound was in the large pocket-book of my own.

Mr. Gurney. Q. What do you swear to these notes by? - A. My own hand-writing, and the dates that I had put upon them when I received them. (The dollars produced).

The prisoner left his defence to his Counsel.

Mr. Gurney. (To Mr. Trimbey.) Q. I believe he had a very good character when he came to you? - A. I had a very good character with him.

GUILTY (Aged 24.)

Transported for seven years .

Tried by the second London Jury, before

Mr. COMMON SERJEANT.

Reference Number: t17980912-71

538. SAMUEL WRIGHT , WILLIAM HEWLINGS , JOSIAH OLIVER , and CHARLES BEARBLOCK , were indicted for feloniously stealing on the 30th of August , four hundred pounds weight of raw coffee, value 80l. the property of George Lear , Anthony Calvert , and Thomas King , then being in a certain ship called the Three Sisters , lying upon the navigable river Thames .

Second Count. For stealing like goods, the property of Anthony Calvert and Thomas King , in a certain ship, called the Three Sisters, lying upon the navigable river Thames.

Third Count. For stealing like goods, the property of William Ellotson , in a certain ship, &c.

Fourth Count. For stealing like goods, the property of certain persons, to the Jurors unknown, in a certain ship, &c.(The indictment was opened by Mr. Jackson, and the case by Mr. Knowlys.)

JOHN GOTTEY sworn. - Examined by Mr. Pooley. I am a surveyor of the Marine Police-office. On Thursday night, the 30th of August, about eleven o'clock, as I was going down the river, on the north side, in the course of my duty, just below Ratcliff-cross, I observed a boat coming towards me with two people rowing, and one sitting a-stern; I was then close in shore, under the shadow of the house; as the boat came nearer to me, I sheered off from the shore to intercept her; upon my coming out from under the shadow, they discovered me, and immediately sheered off towards the South side; another of our boats was following directly after me, and we both pulled towards them as fast as we could; the boat in which Mr. Wright was went on the south side of a ship then riding in the middle of the stream, a ship or brig I am not positive as to that; our other boat followed her, and I went the north side of the ship, athwart her bow, and by the waving of the water under her bow, which I could see by the light of the moon, I conceived that something was thrown overboard, I rowed immediately to the place, and took in a bag of coffee from out of the water, where I perceived the waving; at this time the two boats were in sight, but had turned to go down the stream; I mean Mr. Wright's boat and our other boat; it detained me the space of a minute to get this bag in; in that time they had got a considerable distance, so much so, that I could not distinguish one boat from the other; I perceived there were two; I soon after perceived one rowing close in upon the south shore, and the other following; I then rowed in for the shore, shaping my course a little a-head of her, that I might keep her off, and rowed up along-side of her, one of the watermen hooked her with his boat-hook, and held her; I desired Mr. Wright to come out of that boat, and come into mine, that he must go with me to the Marine Police-office, there to give an account of his conduct, upon which he refused to come; I told him I was in the execution of my office, and it was my business to take him; he would not come into my boat; I told him it was of very little consequence, and I got into his, and took one of my men to row; I sat down in her stern, but he would not let my man row; he said, he would take one oar, and his man should row us where we pleased; I told him that would not do, if he would not go into my boat, or let my man row, I must take him by force; I then took hold of him by the collar, and by the assistance of my men, I took him by force into my boat, and we took him to the Marine Police-office, just by Wapping New-stairs.

Q. Is Mr. Wright one of the prisoners? - A. Yes.

Q. On which side of the river was it? - A.The Middlesex side.

Q. Have you any doubt that the coffee which you picked up in the river came from the boat in which Mr. Wright was? - A. Certainly, I have no doubt at all; I suffered him to depart that night, in consequence of the man at the office saying he was a man of property and respectability, and he would answer for his returning in the morning.

Q. What became of the man and boy? - A. The boy I left in charge of the office-keeper, and the man I put in Wapping watch-house till the next morning.

Cross-examined by Mr. Serjeant Shepherd. Q. You are a surveyor of the Marine Police-office? - A. Yes.

Q. That is to say, you are one of the officers employed by the Justices? - A. I am.

Q. Did you know Mr. Wright before? - A. I did not.

Q. Upon Mr. Wright's boat seeing you, they tried to evade you? - A. As it appeared to me.

Q. How long have you been surveyor of the Marine Police-office? - A. Two months, or something better.

Q. What was your employment before? - A. I had been a wine-merchant.

Q. Were you ever employed by the Customs or Excise? - A. Yes, by the Excise.

Q. How long had you been employed by the Excise? - A. Five years.

Q. On the Thames? - A. No, on shore.

Q. When Mr. Wright was taken at last, and the boat was stopped, you let him go, upon his promise to return in the morning? - A. Yes; I understood he was a coal-merchant .

Q. He did come the next morning? - A. Yes, he came between eleven and twelve o'clock to the Police-office.

Q. Did he give you his address that night? - A. He did; he left a card with me.

Q. The next morning he came to his appointment? - A. Yes.

Q. The card was a true representation of his address? - A. I believe it was.

Q. As you have been in the employment of the Excise, I dare say you can tell us this coffee, wherever it came from, was in the berry, was it not? - A. Yes, it was raw coffee.

Q. Of course being found in that situation, it was liable to be condemned, you know? - A. It was undoubtedly, as contraband goods.

Q. I dare say you know too, that the person upon whom that species of property is found, is liable to a penalty of treble the value of the goods, and his boat liable to forfeiture? - A. Undoubtedly.

Q. Upon that part of the river Thames, I take it no smuggling ever goes on? - A. It would be absurd in me to suppose it did not.

Q. Is it not common? - A. It is.

Q. I take it for granted, that as one of the officers of the Police, and having been in the service of the Excise, you should feel it your duty to stop smuggling, as well as any thing else? - A. No, at present I have no authority to interfere.

Q. You have no authority, perhaps, to put in force the Bum-boat Act? - A. I think I have.

Q. You say Mr. Wright came the next day to the Magistrate? - A. Yes.

Q. And offered himself to the Magistrate as the person that had been taken the night before? - A. Yes.

JOHN ARNOTT sworn. - Examined by Mr. Jackson. I am one of the surveyors of the Marine Police-office: I was on duty on the 30th of August; we were dropping down the river upon the watch with Mr. Gottey.

Q. What were the hours assigned you that night? - A.From ten at night till five in the morning.

Q. Be so good as describe what took place? - A. A little after eleven, as near as I can guess, we were lying under the shade of the house, when we saw a boat coming up, and as soon as he perceived us, he rowed directly towards the south side.

Q. She was coming to westward at first, and then changed her course to the south? - A. Yes.

Q. Did they appear to do that to avoid you? - A. They certainly did; I made my people pull as hard as they possibly could pull up the river; they turned upon me very quick, and turned down the river; I pulled as hard as I could, and then she turned again; I found it impossible to catch her, and Mr. Gottey, my brother officer, got sight of them passing a ship, and cut her off short, and I continued in full pursuit of her at the same time; in a very short time he cut them off, and ran them on shore; in one or two minutes after I came up, and we took possession of Mr. Wright; he made some resistance, by laying hold of my coat; Mr. Gottey wanted to put him into our boat, and he would not go; then we forced him into our boat; I was perfectly well armed, and I thought of giving him a cut or two, but I thought it would have been cowardly if I had; I took possession of his boat.

Q. Was there any kind of cargo on board the boat when you took possession of it? - A. No, there was not.

Q. Did you make any observations on the bottom of the boat? - A. No, I did not.

Q. You say captain Gottey's boat kept much nearer to her than you could? - A. Yes.

Q. Was there any other boat than this in which Mr. Wright was, and captain Gottey's boat, near to each other at the time? - A.None, I saw no other boat.

Q. Did you happen to see any thing thrown overboard? - A. No; I perceived nothing thrown overboard.

Q. Did you see any thing taken out of the water? - A. No; Mr. Gottey had taken up a bag before I came up.

Q. Did you know the contents of the bag? - A. I did afterwards, I examined it, and found it was coffee, I only felt it, I did not open the bag.

Q. Was it wet or dry? - A. It was wettish.

Q. Was it opened in your presence? - A. Yes, at the Police-office; it contained coffee, but I did not take particular notice whether it was raw or roasted, but I believe it was raw.

Cross-examined by Mr. Const. Q. You did not know Mr. Wright before? - A. No.

JOSEPH SOAME sworn. - Examined by Mr. Knowlys. Q. Were you present when Wright and his boat were taken? - A. Yes, I belonged to Mr. Gottey's boat on Thursday night, we saw a boat, we went after them, and they ran away; our boat went on one side a ship, and our other boat on the other, and then we saw a bag floating upon the water, which turned out to be a bag of coffee.

Q. When you had got possession of Mr. Wright's boat, did you observe any thing particular in the boat? - A. No, I did not.

Q. Wright's boy and the waterman were secured? - A. Yes.

Q. Were there any other boats? - A. None, but Mr. Wright's boat and our two boats.

Cross-examined by Mr. Serjeant Shepherd. Q. After you had taken Mr. Wright, he gave you his direction, and you let him go? - A. Yes, when we brought him to the office.

Mr. Knowlys. Q. At that time did you know where this coffee had been taken from? - A. NO.

JOHN RAVIS sworn. - Examined by Mr. Knowlys. Q. What age are you? - A.Fifteen years and four months; I am an apprentice to Mr. Samuel Wright , who is a lighterman and coal-dealer at the head of Limekiln-dock, Limehouse.

Q. On this side the river? - A. Yes.

Q. Were you with him on the Thursday night when his boat was taken? - A. Yes.

Q. What time did you go into the boat? - A. Between ten and eleven.

Q. Where did you go from? - A. From Lime-house-hole.

Q. Who went with you in the boat? - A. My master, and Campion, and me, we rowed to a ship called the Three Sisters.

Q. How do you know it was the Three Sisters? - A. I saw the name on the stern of the ship, she was in the upper tier in Limehouse-hole, opposite the stairs.

Q. Is that on this side the river? - A. Yes.

Q. Did you know before that where the Three Sisters lay? - A. Yes, I had been often by that way with our skiff. When we got to the Three Sisters, there were five bags let down by a rope into a lighter that was lying along-side the ship, then they were put into Mr. Wright's skiff; Mr. Wright was then on the lighter, I was in the stern of the lighter, and Campion in the skiff; Mr. Wright took the bags, and carried them along the lighter to the skiff.

Q. By Mr. Wright, do you mean your master, the gentleman at the bar? - A. Yes.

Q. Were the bags nearly of a size? - A. As near as could be; then we rowed up the river, I did not know where we were going to; as we were going up, we met two boats, and then we rowed away from them.

Q. Why did you row away from them? - A. I cannot tell; Mr. Wright and the man rowed round a vessel, and the two boats were pursuing after us, and then Mr. Wright threw the bags overboard.

Q. Were all the bags sunk? - A. I do not know; the boats then pursued us, and one of them ran almost over us; then they took Mr. Wright out of the boat, and took Campion and me to the office at Wapping New-stairs, and I was kept there all night.

Q. Were you to have any share of this coffee? - A. No, not that I know of.

Cross-examined by Mr. Serjeant Shepherd. Q. You did not know these persons that rowed after you before? - A. No.

Q. When they took your master, and you, and Campion, to the office, your master told who he was? - A. Yes.

Q. And he gave one of his cards? - A. Yes.

Q. And upon his telling them he would come again the next morning, they let him go? - A. Yes.

Q. Were you examined before any body else came the next morning? - A. Yes.

Q. You did not know where you were to take this coffee to? - A. No.

- CAMPION sworn. - Examined by Mr. Pooley. - I am a waterman, I know Mr. Wright: On Thursday night, the 30th of July, I met him in Limehouse, and he asked me if I would be in the way to go with him at ten o'clock, and we went on board a ship in the river, and got five bags out of the ship, and we were pursued by two boats, I saw them first; Mr. Wright then desired me to pull round a vessel that lay in the middle of the river, then Mr. Wright threw the bags overboard.

Q. What is the name of the ship where the bags were taken from? - A. I cannot say that, she was lying in Limehouse-hole.

Q. Where were you rowing when you saw the boats? - A. Up the river.

Q. Did you change your course before you told Mr. Wright that these boats were coming? - A. No.

Q. Where were you that night? - A. In the watch-house.

Cross-examined by Mr. Const. Q. When you saw the boats, you tried to avoid them? - A. Yes.

Q. Have you known Mr. Wright some time? - A. Yes.

Q. Did not you know, or at least were not you satisfied, that you were going to get some smuggled

goods? - A. I cannot say, I never asked any questions about that; it might be so, or it might not.

Q. You would not have gone with him, if you had known they were going to steal any thing? - A. No. not if I knew it.

DANIEL LEMON sworn. - Examined by Mr. Jackson. I am mate of the Three Sisters.

Q. Do you know who are the owners of the ship ? - A. Yes; Messrs. Camden, Calvert and King; the captain 's name is William Ellotson .

Q. Do you know the prisoners at the bar? - A. Yes; they were stationed on board the Three Sisters, on the 30th of August; William Hewlings was a Custom-house book-keeper , Josiah Oliver was an Exciseman , and Bearblock was an Exciseman; Oliver had been on board from Monday, the 27th; Bearblock had been stationed from the time the ship came in, which was, I believe, better than ten days; Hewlings had been on board much the same time.

Q. Where did the Three Sisters lay at this time? - A. At Limehouse.

Q. Have you had any conversation at any time with Hewlings, respecting any part of the cargo? - A. Yes, eight or ten days before the 30th of August; having in my mind no evil design, I was speaking of my small income; on being accosted by Hewlings one evening, on deck, he told me, I might as well have a few shillings as not, because he said, it was a customary rule for officers and mates, in such cases; and that he would find a customer for a few beans, meaning coffee, and a little sand, meaning sugar, which he expressed three or four times over; he likewise told me, he had been mentioning it to the steward, and that he was agreeable to it; I told him, it was a dangerous circumstance, and I did not wish to be concerned in it; he told me, there was no fear, for he would find one who would take it away without discovery; upon saying so, and feeling a pressure upon me from the wants of my family, I was so foolish as to consent to it; the Custom-house and Excise-officers were to have a small quantity of coffee out of a number of bags, to prevent a discovery, that it might not be missed.

Q. What was the ship loaded with? - A.Coffee and sugar.

Q. Have you any idea how many bags you had on board at that time? - A. I suppose there were about seven hundred and fourteen or sixteen bags at that time.

Q. What size were the bags? - A.Different sizes.

Q. Who were the officers that were to take these small quantities out of the bags? - A.Hewlings and Bearblock, and one Dowling, a man who has absconded; Oliver was not on board at that time; and in a day or two after, they set to work.

Q. Who was it set to work? - A. I saw all the Custom-house officers and the steward on deck, and Dowling, an officer of an adjoining ship.

Q. When did you first see Mr. Wright on board? - A. One evening I saw Mr. Wright on deck, speaking to Hewlings, and in consequence of that, Mr. Wright told me, if I had any private venture, he would take it safe on shore for me, and send it safe to my house.

Q. How long was that before Thursday, the 30th? - A. I think it was the Monday night or Tuesday night.

Q. What did you say in answer to him? - A. I made him very little reply, because I did not know the man; I said, I had nothing at present. I saw him several times afterwards, speaking with Hewlings and Oliver, but I did not know what passed between them. It was agreed between me and Hewlings, and Oliver and Dowling, that I should walk the quarter-deck while they were in the hold. A few days before, Hewlings told me, there was a mate wanted thirty pounds of coffee, but I had no share of that, nor the steward.

Q. State any thing that passed between you and them respecting the transaction of Thursday, the 30th of August? - A.There was no conversation passed more than that; there were four or five bags filled with coffee, and carried away, I did not see them filled; I was on deck while Oliver, Dowling, and the steward, were in the hold; I saw four or five bags brought out of the hold, Hewlings assisted Dowling in hauling them up, and Oliver handed them up; then they were handed into Mr. Wright's boat, Mr. Wright received them; I handed one of them in myself, and Oliver and Dowling assisted; Bearblock was on the quarter-deck, that he might give notice of any Revenue-boats coming.

Q. Could Bearblock be on deck without seeing these bags lowered over? - A. No, I do not think he could.

Q. Who received them from the ship's side? - A. Mr. Wright; I saw him hand them along the lighter into the boat.

Q. Are you sure it was Mr. Wright, the prisoner? - A. Yes.

Q. How many bags did you see slung over the ship, and received by Mr. Wright? - A. Either four or five, I am not certain which; I am sure of four, I saw the skiff put off with them.

Q. Who was in the boat besides Mr. Wright? - A. There were two others, but I could not see who they were.

Q. Have you at any time received, from either of the prisoners, any money on account of the transaction of the 30th? - A.None.

Q. Have you had any conversation respecting any money for that transaction? - A. No. Oliver told me that Mr. Wright was pursued by the

police-boats, and taken; but that he was set at liberty, and his two people kept in custody.

Q. Was Bearblock near enough to hear that conversation? - A. No. I told him, I should not permit any more such practices.

Cross-examined by Mr. Fielding. Q. You were mate of this ship? - A. Yes.

Q. Has the cargo of this ship been delivered? - A. I understand it has; I was not from on board till it was all delivered.

Q. Were you acquainted with the hill of lading, what quantity was shipped on board? - A. I know what account I took myself of the taking of it in, there were seven hundred and fourteen or sixteen bags.

Q. Has it come to your knowledge what quantity has been delivered to the owners? - A. No.

Q. Was it the custom of the captain of this ship to lie on shore, when the ship was in the river? - A. Sometimes he did, and sometimes not.

Q. He was not constantly on board? - A. No.

Q. When he was out of the ship, of course, the care of that ship remained with you? - A. Yes.

Q. You, as the commanding officer, had the custody of the cargo, and the care of the ship? - A. Yes.

Q. There were several transactions, before your morality gave way, upon these occasions, and you had parted with some of this coffee before? - A. Yes.

Q. And you had some money before, though none on the 30th? - A. Yes.

Q. Who were upon the deck, the night of the 30th - the steward did not come out of the hold, did he? - A. He was upon deck, I believe, I am certain he was out of the hold.

Q. You yourself carried one of the bags, and lowered it into the lighter? - A. Yes.

Q. The steward and you were both upon deck, helping to carry these bags? - A. I do not know that he helped, he was there.

Q. You both took a part in this transaction? - A. Yes.

Q. You had no conversation with the people in the boat? - A. No.

Q. Mr. Wright did not speak to you? - A. No.

Q. Nor the people with him? - A. No.

Q. Mr. Wright was in the lighter, and whatever was handed over the side, was received by him? - A. Yes.

Q. Mr. Wright it was that asked you if you had any private venture to dispose of? - A. Yes, before that.

Q. Dowling had a good deal to do with it? - A. Yes; he was the principal man that introduced Mr. Wright first.

Q. How soon did you perceive any thing going on that respected the 30th of August? - A. Dowling went away that night, after Mr. Wright was gone on shore with the coffee.

Q. You did not hear any more of him? - A. No. Cross-examined by Mr. Serjeant Shepherd. Q. You never had but one conversation with Mr. Wright? - A. Yes, twice.

Q. He told you, if you had any private adventure, he would take care of it? - A. Yes.

Q. Upon your oath, when he talked of a private adventure, was he not using the common language that is used, when men talk of smuggling transactions on the river Thames? - A. Yes; but I had nothing to smuggle.

Q. How long have you been in the West-India trade? - A. Fifteen or sixteen years.

Q. Were you always a mate? - A. No.

Q. Perhaps you have risen to be mate from lower situations? - A. Yes.

Q. Were you never any thing higher than a mate? - A. Yes, I have been master of the Granby.

Q. How came you to cease to be master? - A. She had been sold out of the trade; I had been mate of her.

Q. Upon your oath, do you mean to say, that that is the only reason why you ceased to be master? - A. Yes.

Q. Have you never had any dispute about your accounts? - A. Yes.

Q. What became of the mate of that ship? - A. The mate and I had some dispute, and he entered on board a man of war, at Limerick.

Q. Where was it that he was pressed? - A. He entered.

Q. Do you remember a charge of 3001. for slaves employed in the West-Indies? - A. Not 300l. I believe there was 150l. of Jamaica currency.

Q. It was more than that you charged for forty slaves, you know? - A. I think it was 150l.

Q. How came that not to be paid you by the owners? - A. I cannot say; the mate and I had some dispute, and he thought that I had put down more persons than were employed.

Q. Upon your oath, do you mean to say that that man was not pressed before he entered? - A. Yes; at least he told me so.

Q. Upon your oath, was he not taken by a pressgang, before he entered? - A. No, not as I know of.

Q. Do you remember his going ashore at Limerick? - A. He went on shore, and left the ship.

Q. Did you enquire for him before you left Limerick? - A. I saw him in Limerick, upon the quay.

Q. After he had entered? - A. Yes; he told me he had entered.

Q. Upon your oath, do not you know that he was pressed? - A. He was not pressed that I know of.

Q. Your owners did not allow that 150l.? - A. I do not know how much they allowed, it was left to arbitration.

Q. How much was allowed you for that? - A. I am not certain, I have not got the account.

Q. Was it not 30l.? - A. It was more than that.

Q. And in consequence of that, were you not dismissed from the ship? - A. I never was told that I was.

Q. And you had no idea that you were discharged from being master of that ship, because your accounts were incorrect? - A.Never, that I know of.

Q. Did you send any private adventure on shore with Mr. Wright? - A. Yes; he took a bag of coffee on shore for me on Tuesday evening.

Q. Look at that paper, whose writing is that? - A. It is mine; I gave it him with that bag.

Q. I take it for granted, as you had no evil design, of course, this is the only transaction of the sort that you have had, this trip? - A. Nor ever any other trip.

Q. You never offered any coffee to sell, as your own, to any body else? - A. Not to sell, that I know of.

Q. You must know whether you ever offered coffee to any body else to sell, as your own? - A. There was a gentleman, one Mr. Taylor, who was on board of the ship one evening; when he came in, I told him, perhaps, before the ship was out, I might be able to give him a little for sea stock, which I meant to get out of the cabin, that was my own.

Q. That was the only person, was it? - A. I do not recollect any more.

Q. Do you know a person of the name of Cooke? - A. Yes, I do.

Q. Do you recollect his coming on board? - A. Yes.

Q. Where was that? - A. At Woolwich.

Q. Before any of these people were on board? - A. No.

Q. Do you remember asking him how things went on in London? - A. I told him, I had a little rum of my own, which I had got from the captain, and that, perhaps, as I had heard that it was customary for the mates to have the sweepings, I might have a little coffee for him.

Q. Did you ask him what price? - A. Yes. He told me, he did not know, but he would find a customer for it.

Q. You did not tell him it was to be stolen coffee? - A. No.

Q. Did not you mean it was to be smuggled coffee? - A. I considered it as my perquisite.

Q. Do you know how much sweepings of coffee there was on board this ship? - A. No, I cannot say, because I was not on board when she was delivered.

Mr. Jackson. Q. The sweepings of the hold can never be ascertained till the cargo is delivered? - A. No.

Q. And those sweepings, you told Cooke, you should have as a perquisite? - A. Yes.

Mr. Serjeant Shepherd. Q. I believe the mates on board these ships, give a bond, that no loss shall happen by smuggling? - A. The owners give it, I suppose, I did not.

Q. Did you ever read your ship's articles? - A. Yes.

Q. Is it not one of the conditions, that you shall forfeit your wages, in case of your smuggling, or any other of the officers? - A. Yes, in some cases.

Q. Is it not in all cases, upon your oath? - A. I cannot be certain of that.

Q. How many different articles have you signed in the course of your life? - A. I cannot say; I have been a great many voyages.

Q. How often have you been mate? - A. Five or six voyages.

Q. How often have you been master? - A. Only one voyage.

Mr. Jackson. Q. This disputed article of 300l. with your former owner, I think you have stated at 150l. Jamaica, how much sterling is that? - A. About 100l. I believe.

Q. You say, you received money at different times? - A. Yes; I received from Hewlings, 3l.; from Oliver, 4l. 19s.; from Dowling, 2l.; and from Hewlings, another time, 2l.

Court. Q. Upon what account? - A. For eighty pounds of raw coffee, taken out of the cargo.

Q. Did they tell you so? - A. Yes.

Q. It is frequent for the petty-officers to have some small adventure of their own? - A. Yes.

Q. Where was that kept? - A. We had very little private adventure in our ship.

Q. Was the cargo of your ship put in the hold? - A. Yes.

Q. Was there any private adventure mixed with it at all? - A. There was none that I know of.

Q. And it is your business to know that? - A. Yes.

Mr. Jackson. Q. Upon what account did Oliver say that he paid you the money? - A. For the second delivery to Mr. Wright, including a hundred weight carried on board the adjoining ship by Dowling.

Q. On the Monday night, what was your answer to Mr. Wright, who offered to take on shore your private adventure? - A. I said, I was not certain whether I should, but I did send it afterwards.

LAWRENCE EARING sworn. - Examined by Mr. Knowlys. I am steward on board the Three Sisters: The prisoner, Hewlings, was a Custom-house book-keeper, Bearblock and Oliver were Excise-officers.

Q. Had you any conversation with Hewlings about the cargo of the ship? - A. He told me, I

might as well have a few shillings as not, by a few beans and a little sand.

Q. What did he explain to you was the meaning of beans and sand? - A. Coffee and sugar; I told him to ask the mate; I was not present when he spoke to the mate about it.

Q. When did you see Mr. Wright first? - A. Not till he was brought to the Police-office on Thursday evening, about eight o'clock; Oliver asked me for a light, he said, he was going below to search if the jumpers had concealed any thing; the mate then said, I must assist in filling some bags with coffee; I and Oliver, and Dowling, filled four bags with coffee, the bags of the cargo were cut open, and about ten or eleven pounds taken out of each bag; then they were handed upon deck, Josiah Oliver handed them up, and the man who ran away received them; Hewlings and Bearblock were then upon the quarter-deck.

Q. Was that their station at that time for the watch? - A. Yes.

Q. Did you get out of the hold and see where they were handed to? - A. They were handed upon deck, and I went up, and they were handed, by the mate and the man that run away, over the side, into an empty lighter; I was then upon the main deck.

Q. But could persons who were upon the quarter deck, upon the watch, have observed this? - A. They could.

Q. Did you see if any body was attending to take care of them when they were handed from the ship? - A. No.

Q. About what quantity do you suppose these bags might hold? - A. About a hundred weight.

Cross-examined by Mr. Knapp. Q. So Dowling has run away? - A. Yes.

Q. He was the man that handed them up? - A. Yes.

Q. And brought the bags? - A. Yes.

Q. Bearblock and Hewlings were upon the quarter-deck when their duty called them? - A. Yes.

Q. If this had not been going on that would have been their proper place? - A. Yes.

Q. My friend has asked you if any body upon the quarter-deck could have seen this-will you undertake to swear that they did? - A. No.

Q. In what situation were you on board? - A. Captain's steward.

Q. You have read the ship's articles I dare say? - A. No.

Q. Nor ever signed them? - A. Yes.

Q. Do you sign articles that are to be binding upon you without reading them? - A. Yes.

Q. Perhaps they were read to you? - A. Yes; I understood that I was to proceed on the voyage.

Q. You did not hear that you were to be particularly bound against smuggling on board your ship? - A. No.

Q. Then they did not read all the ship's articles to you? - A. No.

Q. They only read one part; you were content, and put your hand to them? - A. Yes.

Q. How long had you been on board this vessel? - A. A twelvemonth.

Q. In the whole course of the time you were on board your ship, did you never hear of any private adventure? - A. Yes.

Q. Then, perhaps, you may recollect yourself a little better, and tell me if there has not been smuggling on board this ship? - A. No.

Q. No run goods on board? - A. Not that I ever saw.

Q. I have heard of such a thing as a man turning his back upon it, and then he did not see it? - A. I do not know any thing of that.

Q. Immediately upon your being taken up you gave this account? - A. Yes.

Q. Do you mean to say, that at the first examination, before the Magistrate, you gave the same account that you have been giving to day? - A. Yes.

Q. Upon your oath, was it not the third examination before you gave this account? - A. Yes.

Q. Were not you committed for trial for stealing these goods? - A. Yes.

Q. Now I ask you how you can reconcile it, when you first told me you gave this account immediately that you were taken into custody, and yet you were committed for trial? -

The witness made no answer.

Mr. Knowlys. Q. Is ripping the bags and taking the coffee out of the cargo smuggling? - A. No.

Mr. Knapp. Q. What sort of bags were these? - A. Four of them were blue, and one was white.

- PEERY sworn. - Examined by Mr. Knowlys. I am a Police office. (Produces the bag of coffee).

Q. Is that in the same state in which you received it from Gottey? - A. Yes.

Q. What does it contain? - A. Raw coffee.

Gottey. This is the same bag.

Perry. I apprehended all the prisoners except Mr. Wright, on the 31st of August, about five in the afternoon, on board the Three Sisters; when I laid hold of Hewlings, he said, d-n me, they can but hang me, and I will not split against any body.

Q. Had you told Hewlings what you apprehended him for? - A. Yes.

Q. What does splitting mean? - A.Telling of any body.

- ALLEN Sworn. - Examined by Mr. Knowlys.

Q. You are conversant with the West India Trade? - A. Yes.

Q. What is the value of the coffee exclusive of the duty? - A. At the lowest rate, about six pounds fifteen shillings per hundred, (looks at the coffee); this is worth more than six pounds fifteen, exclusive of duty.

Mr. Serjeant Shepherd. Q. You do not know the price of it at Demarara? - A. No.

THOMAS HILL sworn. - Examined by Mr. Pooley. I am a Surveyor of the Excise: I have seen Bearblock and Oliver on board the Three Sisters, at Limehouse-hole; I was there on the 31st of August, between twelve and two in the morning, I then saw Oliver on board; I did not see Bearblock, it was not his watch, it was Oliver's watch.

Capt. WILLIAM ELLOTSON sworn. - Examined by Mr. Jackson. I am captain of the Three Sisters, the owners are Anthony Calvert and Thomas King ; Mr. Camden's Christian name I do not know, he has been dead some time; three of the prisoners were stationed on board the ship as Revenue officers.

Q. What quantity of coffee remained at the Custom-house? - A. Seven hundred and fourteen bags.

Q. Was the weight reported? - A. No.

Q. Do you know any thing at all of the weight? - A. No; there were four bags, sweepings.

Court. Q. When any body on board has a private adventure where is it stowed? - A. It ought to be stowed in the steerage.

Court. Q. It is never regularly stowed in the hold? - A. No, never; if I had any private property myself, it should be stowed in the steerage.

ANTHONY CALVERT sworn. - Examined by Mr. Knowlys. I am one of the owners of the Three Sisters; the other owners are Thomas King, and Mr. Camden, who is dead, but we continue his name in the firm; Mr. George Lear, and myself and Mr. King, are the executors of Mr. Camden.

Court. Q. So you and Mr. King are owners in your own right; and you, Mr. King, and Mr. Lear, are owners as the representatives of Mr. Camden? - A. Yes.

Wright's defence. I understood this business not to be stolen property; I understood it was smuggled, and I paid for it. In order to save themselves from the manifest act, they would swear our lives away.

Hewlings's defence. I never was in the hold, nor saw any part of the cargo but what was brought up and delivered.

Oliver's defence. I have done my duty as an officer, and that is all; I never saw any thing of the kind.

Bearblock's defence. My eyes are so bad that I cannot see two yards before me in the night time; I have always obeyed my superior officers orders, and that is all I have ever done on board.

For the Prisoners.

SAMUEL COOKE sworn. - I live at Stone-stairs, Wapping, I keep a public-house.

Q. Do you remember going on board the Three Sisters upon her arrival at Woolwich? - A. Yes, on the 17th of August, between eleven and twelve o'clock; I was going down after the Catherine, to assist in getting the ship up; in passing the Three Sisters, I asked if they had seen any thing of her; they said they had not, that she must be a-stern; the pilot looked over the stern and asked if it was Mr. Cooke; I said, yes; and he invited me on board, and I had some grog.

Q. Did you see the mate? - A. Yes, in the cabin; the mate asked the price of coffee in London; I told him I did not know, as it was a thing I never had dealt in; he said, cannot you help me to a customer; I said, it was so notorious that I could not; I asked him how much he had got; and he said, seven or eight hundred weight.

Q. Are you sure he told you he had seven or eight hundred weight of his own coffee? - A. Yes; and he said he had got some rum, but he did not offer me that.

Cross-examined by Mr. Knowlys. Q. This was as far back as the 17th of August? - A. Yes, or thereabouts.

Q. Was it eleven or twelve at night? - A. No, in the forenoon.

GEORGE GOODACRE sworn. - Examined by Mr. Serjeant Shepherd. Q. Do you know Lemon? - A. Yes; I met him at the Horns public-house, near Limehouse, on or about the 20th of August, he offered me some coffee for sale; he said he had several bags, his own property; he asked me ten-pence a pound for it; I never had bought any but what had been burnt before, and therefore I did not chuse to venture.

Q. Did he say what quantity he had? - A. No; he said several bags.

The prisoner Wright called fifteen, Hewlings two, Oliver two, and Bearblock three witnesses, who gave them a good character.

Wright, NOT GUILTY .

Hewlings, GUILTY Death . (Aged 50.)

Oliver, GUILTY Death . (Aged 32.)

Bearblock, NOT GUILTY .

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

Reference Number: t17980912-72

539. JOHN MILES was indicted, for that he, on the 19th of July , being in the dwelling-house of Stephen Estwick Robinson, four sheets, value 21s. two cotton counterpanes, value 8s. a half-tester blue and white bed furniture, value 40s. a pair of blankets, value 12d. three linen sheets, value 3s. three aprons, value 3s. a flannel petticoat, value 12d. a linen table-cloth, value 1s. 6d. two white muslin neck handkerchiefs, value 2s. the property of Mary Lane ; a black silk cloak, value 2s. a black gauze cloak, value 12d. two bed-gowns, value 2s. a black stuff gown, value 2s. two linen aprons, value 3s. a cotton neck handkerchief, value 12d. a linen shirt value 1s. 6d. a muslin cap, value 12d. a hussif, value 1d. a wooden box, value 1d. and twelve shillings and

sixpence in monies numbered, the property of Ann Reynolds , spinster , in the said dwelling-house, feloniously did take, and afterwards, about the hour of one in the night, the same dwelling-house did break and get therefrom, and the same goods burglariously did steal .

MARY LANE sworn. - I live in Redcross-street, and sometimes at Hampstead , it is my son's house, Stephen Estwick Robinson ; I lost the property mentioned in the indictment on the 20th of July,(repeats them); I was in town and had a servant there to take care of the house, her name is Ann Reynolds; the prisoner, Mills, got acquainted with her, and slept in the house with her.

Mr. Knapp. Q. You do not know any thing of that yourself? - A. No.

ANN REYNOLDS sworn. I am servant to Mrs. Lane; the house was robbed of the furniture of a half tester bed, and the other articles mentioned in the indictment, part of it was my own property.(Repeats them.)

Q. Do you know who took them? - A. I believe John Mills , the prisoner, I met with him on the 19th of July, I asked him home to tea and supper, I knew him before; he went with me between four and five o'clock, and staid till past eleven, and then I asked him if he was not going home; he told me he would not go out of the house that night; he said, if I would not go up stairs, he would carry me up; I went up stairs, and laid down on the bed and went to sleep.

Q. Did he go up along with you? - A. Yes; I waked about three o'clock, or a little before, and he was gone.

Q. How long was it before you went to sleep? - A. I do not know; I might go to sleep directly.

Q. Did you undress and go to bed? - A. No, I did not undress.

Q. Did you ever find any of your property? - A. No, nothing but a ticket that I lost out of my pocket; as soon as I waked I missed the property; I went down stairs, and found the parlour door fastened inside, to prevent my getting in, I had locked it the night before, and left the key in; I had fastened all the doors when I went up; I went through a large room that I forgot there was a door in, and I was going to jump out at window; the parlour door going into the walk was left open, there are two doors to the parlour, one going into the walk, and the other into the passage.

Q. Are you sure the door going into the walk was fastened? - A. Yes, I barred it and locked it myself.

Q. And therefore must have been opened by somebody from the inside? - A. Yes.

Q. Was there any body else in the house besides you and the prisoner? - A. Not on that side of the house.

Q. Could the people on the other side of the house have access to it? - A. Yes, they might.

Q. When had you seen the property before? - A. The same day, the 19th of July, I saw them all when he went into the house with me.

Q. And you missed it as soon as you went down stairs? - A. Yes.

Q. And you have found none since? - A. No, only the ticket that I have in my pocket.

Q. What was that ticket? - A. I was necessitated for a little money, and I had made use of something.

Q. How did you find the ticket again? - A. It was sent home to my mistress.

Cross-examined by Mr. Knapp. Q. This duplicate, which we have heard talked of, and you do not know from whom it came, was a duplicate of some property belonging to your mistress? - A. Yes.

Q. That you had pawned before that time? - A. Yes; my mistress told me if I had pawned any of her property she would forgive me; I meant to replace it.

Q. You had never pawned before any articles? - A. Not belonging to my mistress.

Q. Had you been in the habit of pawning your own things before? - A. Only once during an illness.

Q. How long have you known the prisoner? - A. About two months.

Q. He never before came in at your invitation to take a cup of tea and eat a bit of supper, and go up stairs together? - A. He was in the house once before for five minutes.

Q. You did not give him the trouble of taking you up stairs, did you? - A. No.

Q. And he staid with you in your room from eleven at night till three in the morning? - A. Yes.

Q. The man, I dare say, did not go to bed? - A. Yes, he did.

Q. There were other persons in this house, who might, if they had been so disposed, have got at these things? - A. There were more gentlefolks.

Q. Have you not had other persons in the house, that you have invited exactly in the same way? - A. Yes.

Q. How many, pray? - A. Not more than one.

Q. Only one at a time - Why, you are with child now, are you not? - A. Not that I know of.

Q. That is not true then? - A. I do not know that it is.

Q. Upon your oath do not you believe yourself with child now? - A. No.

Q. Have not you been before a Justice to swear? - A. I have got a child now.

Q. By another man? - A. Yes.

Q. Was he one of the gentlemen that you introduced to your mistress's house in her absence? - A. No; I did not live there then.

Court. (To Mrs. Lane). Q. You have never found any of your property again? - A. No, I had a duplicate sent me in a letter, which he said at Bow-street was his own hand-writing.

Mr. Knapp. Q. Was not what he said at Bow-street taken down in writing? - A. I do not know.

Court. Q. Do you know the hand-writing of that letter? - A. He said himself that he wrote it.

Mr. Knapp. Q. Did not she tell you that she had given this duplicate to the prisoner, to take the things out of pawn? - A. No.

JOHN ARMS sworn. - I apprehended the prisoner, and took him before the Justice.

Q. Was any letter shewn him? - A. Mrs. Lane shewed the letter to the Magistrate, and he said it was his.

Mr. Knapp. Q. Was it taken down in writing? A. Mr. Lavender was writing what he said at the time.

Q. The prisoner was taken at his own mother's house, at Hampstead? - A. Yes.

Q. How far from Mrs. Lane's house? - A. About a quarter of a mile; he heard that I had been making enquiries after him, and he said, if I had not come to him, as soon as he had got his breakfast he should have come to me.

Prisoner's defence. That young woman has been out with Mr. Arms, and at public-houses in company with me at ten and eleven o'clock at night.

Arms. I have seen them together at twelve o'clock at night. NOT GUILTY .

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

Reference Number: t17980912-73

540. ROBERT DOWLES and WILLIAM ATTERBURY were indicted, for that they, on the 2d of August , in the King's highway, in and upon Giovani Galli , did make an assault, putting him in fear, and taking from his person a purse, value one farthing, twenty-one louis-d'ors, eighteen guineas, three dollars, a crown piece, and three shilling and nine pence, in monies numbered, the property of the said Giovani Galli .(The case was opened by Mr. knowlys.)

GIOVANI GALLI sworn. - Examined by Mr. Knowlys. I am an Italian, I get my living by selling pictures and looking-glasses about the country . I came to London in a returned post-chaise to Smithfield on the 2d of August, between four and five in the afternoon; I had twenty-one louis d'ors and eighteen guinea pieces, three Spanish dollars, and a French crown, and the rest was silver, to make up two guineas, it was in my left hand waistcoat pocket in a purse; I got out of the chaise, and had a little bundle upon a stick upon my right shoulder; I went from Smithfield to Long-lane ; just before I got to Long-lane, a man knocked up my bundle, and then pushed me rather forward; at the same time than another man came and clapped his hand upon my pocket, my hand was upon my pocket, and when the man knocked up my bundle, I let my hand go from my pocket to secure the bundle, and then the other man clapped his hand in my pocket; I tried to lay hold of his hand, and he had taken the purse out of my pocket; I was in such confusion, that I could not cry out stop thief; I cried out, oh, oh, I had lost my money; I immediately turned round, and saw one of the prisoners in the hand of Mr. Plattin.

Q. Were you able to perceive the faces of either of the prisoners, before you saw one of them in the custody of Mr. Plattin? - A. No.

Q. Which of the prisoners was in the custody of Mr. Plattin? - A. The short one, Dowles, he was secured, the other man escaped in a minute.

Q. Were you able at all to see the other, so as to know him again? - A. I cannot properly know him, because I was then in such confusion.

Q. You have never recovered your money again? - A. No.

Q. Had you at all let go the pocket in which your money and your address was, till your bundle was knocked up? - A. No; I am sure I had it till then.

Cross-examined by Mr. Alley. Q. You are a person that hawks different articles about the country? - A. Yes.

Q. Had you got your travelling box with you at this time? - A. No; it is not a box that I carry, but baskets.

Q. What time of the evening was this? - A. Between four and five.

Q. I take it you were perfectly sober at this time? - A. I was a little tipsey, but I knew what I was doing.

Q. What do you call a little tipsey? - A. I had been drinking a little too much.

Q. You were staggering along the street with a bundle upon your stick, and the stick swinging in the face of Dowles? - A. No.

Q. Did he not say to you, please to walk a little steady, and not strike your stick in people's faces? - A. No, I did not hear that.

Q. Do you mean to say, that if he did say that, you must have heard it? - A.If I did hear it, I would recollect.

Q. Do you recollect seeing two or three girls passing by at the time this misfortune happened to you? - A. No.

Q. You went to Guildhall? - A. Yes.

Q. Do you remember meeting a girl of the name of Sarah Howton ? - A. There was a girl there, but I do not know her name.

Q. Do you remember seeing a second girl there? - A. No.

Q. Were there many people in Smithfield in the part where you were? - A. I did not take much notice of it, because I never thought any such thing; I was going along without taking notice of it.

Q. Did any body come in company with you from Brentford? - A. Yes, there was another man that I did not know.

Q. Was he Christian or a Jew, or what was he? - A. He was a Jew, from what I could make out.

Q. You did not stop any where from the time you came from Bretford? - A. I stopped at the turnpike-gate at Hyde-park-corner.

Q. Your Jew friend and you had some little difficulty about the payment of a rate there? - A. Yes, they charged half-a-crown at the gate.

Q. How soon after was it that he left you? - A. I cannot recollect.

Q. You had not seen your money from the time you left Brentford till then? - A. No, it was tied up in a purse.

Q. You took it out at Hyde-park-corner, to pay this half-crown? - A. Yes, but I had another half-crown in the other pocket, so I put my purse in again.

Q. You know nothing of the prisoner, except only that he was taken into custody by a gentleman of the name of Plattin? - A. Yes.

Q. Do you recollect two girls being by at the time? - A. No.

Mr. Knowlys. Q. Though you did not see your money, could you feel whether you had it in your purse or your pocket, or not? - A. Yes.

ROBERT PLATTIN sworn. - Examined by Mr. Knowlys. I am a stable-keeper and post-master in St. John's-square; I was in Smithfield at the time this business happened; I was waiting in Smithfield to try to buy some cheap hay; I observed a man who went under the denomination of a coachman, walking along very well dressed, and a gay companion with him, that looked as if he was a lieutenant or a midshipman; they kept walking from Snow-hill till they got near Long-lane, by themselves, and sometimes one first, and sometimes the other.

Q. Do you see those two persons in Court now? - A. Yes, those are the two men at the bar; one of them I have known many years, I never saw the other before in my life.

Q. Which is the man that you knew before? - A. The prisoner, Atterbury, but I did not know him by that name before, I knew him by the name of Spungy; they walked on till within two rails of Long-lane, near the sheep-pens, called the rounds; before they quite quitted these rounds, there seemed to be a stoppage, and with that the short one, Dowles, took a short turn, and knocked up the prosecutor's bundle; I did not suspect that he had a shilling about him from his appearance; I did not take much notice, but saw the tall man, Atterbury, run away.

Court. Q. How near was he to the foreigner? - A. They were all three as close together as they could possibly be; when he turned round, the foreigner immediately made a great noise; I immediately ran up, I had not a dozen yards to run; I asked what was the matter; he took hold of his pocket, and said, me robbed of 41l. I then laid hold of Dowles, and said, Sir, you are a gentleman, but you are a party concerned, if this is a robbery, which I did not suspect it was; I held him a considerable time, while my acquaintance, a salesman, said, for God's sake hold him; they sent for an officer, and he was secured.

Q. Did he say any thing? - A. He shook very much, and said, me, Sir, and I said, oh yes, I saw you do it.

Q. What became of the other man, Spungy, the tall man? - A. He ran away down St. John's-street, and got clear off; he was not taken for seven or eight days after.

Q. Are you sure that the tall man was one of them? - A. Yes.

Q. You have known him some years? - A. Yes, rather too well.

Cross-examined by Mr. Alley. Q. You were not there at the beginning of this transaction? - A. Yes.

Q. Upon your oath do not you know there is 80l. reward if these men are convicted? - A. I do not know any such thing.

Q. You have been here before to day? - A. Yes.

Q. You were talking about buying hay and did not much attend to what passed, till there was a cry out? - A. There was no cry out till I made one, by laying hold of the man.

Q. You said to him, you are one of the men that I suppose is a party concerned? - A. No, I did not suppose it, I told him he was one.

Q. Had you observed the prosecutor staggering along? - A. No, I did not.

Q. There was nothing remarkable in two men walking one before the other? - A. No, but they seemed to co-operate together.

Q. Do you remember any body saying at the time, or the prosecutor saying to the short man, Dowles, that was not one of the men, and you made this reply, go along and be d-d? - A. I said no such a word.

Q. I tell you fairly, I shall call two witnesses to prove you did so? - A. I think you are very able to call two dozen.

Q. Having told you that fairly, I ask you again, did you or not make use of any expression similar to that? - A. No, I did not.

Q. Did you not say, when a person observed that he could not be one of the men, that he was, go and be d-d? - A. No, I did not.

Q. The tall man was an old acquaintance of your's? - A. No, he was not.

Q. You said, you had known him a long time? - A. The town know him pretty well.

Q. The other young man was lucky enough never to be acquainted with you at all? - A. I do not know any thing of him, he had a little of it that day.

Q. You were present when he was searched? - A. Yes.

Q. Was any thing found upon him belonging to the prosecutor? - A. I believe there was not.

Q. He did not run away, but was taken upon the spot? - Yes.

Court. Q. What was it you saw him do? - A. He knocked the bundle upwards with his hand, and immediately put his hand into the foreigner's pocket.

Jury. Q. Did you see them converse together before they came up to the prosecutor? - A. Yes, I did.

Jury. Q. Did you see his hand in the pocket? - A. Yes, I did.

Jury. Q. Whose hand was it? - A. The tall man's; and he whipt his hand out again instantly.

WILLIAM WITHERS sworn. - I am a hay-sales-man, I was in company with Mr. Plattin; I saw the two prisoners at the bar come up to the prosecutor; Dowles gave his bundle a knock up with his hand, and I saw Spungy directly put his hand in his pocket, and take out something, and run away.

Q. Which was that? - A.Atterbury.

Q. How long had you known him? - A. Three years; I know his person well; he made his escape; Mr. Plattin went and collared Dowles immediately, I followed up, and assisted to secure him.

Q. Have you any doubt that he is the man that was with Atterbury? - A. He certainly is the man.

Cross-examined by Mr. Alley. Q. You did not see either of the prisoners until that time? - A. Yes, I saw them in conversation together before that, against the rounds in Smithfield.

Q. Did you see the prosecutor with his bundle upon his stick? - A. No, not till they were all three together. There was no woman near them till after the struggle.

Q. Were you a companion of the last witness? - A. I was selling hay, and he was trying to buy some.

The prisoner, Dowles, left his defence to his Counsel.

Atterbury's defence. I never saw the prosecutor in my life before; Mr. Plattin has known me from an infant.

For the Prisoners.

SARAH HOWTON sworn. - Examined by Mr. Alley. I am servant to Mr. Richards, in Bridgewater-square, Barbican.

Q. Do you recollect, any time in the month of August, being in Smithfield? - A. To the best of my recollection, it was the 2d, about a quarter before five; I had been in the Borough for my mistress, coming across from Cow-lane to Long-lane there seemed to be a bustle, and there was a foreigner very much intoxicated in liquor.

Court. Q. There was a little bit of bustle when you came up? - A.No, not before I came up; as I came along I saw him with a bundle and a stick across his shoulder, and I saw a young man passing by at the same time, in a blue coat.

Q. Did you know the young man before? - A. I never saw him, to my knowledge. As he passed by the foreigner, being in liquor, happened to turn round, and the stick slew up in his face, and as he put his hand to save the stick from going into his face, his hat sell on one side, and then there was a man immediately came and collared this young man in the blue coat.

Court. Q. Was that the immediate next thing that happened? - A. There was a man that passed by, and took something out of the foreigner's pocket.

Court. Q. Did you see that? - A. I saw the man take something from the foreigner's waistcoat pocket.

Court. Q. Do you know who that man was that took something from the foreigner's waistcoat -Look at the prisoners, and see whether it was either of the men at the bar? - A. The man was pitted with the small-pox, I think it was something like that tall man.

Q. Did the young man appear to you to have been in company? - A. No; he was about a yard from the other.

Mr. Alley. Q. Are you positive that the young man in the blue coat did not make the first attack upon the foreigner? - A. Not to my knowledge.

Q. During the time you were there, had you any conversation with any body? - A. Nobody in particular, only I gave my service so far, that I gave my address where I lived, and told them, if I could be of any service in regard of what I saw, I would come forward.

Q. And you went the next day before the Magistrate? - A. Yes.

Q. You live with Mr. Richards now? - A. Yes.

Cross-examined by Mr. Knowlys. Q. Do you know who the young man was that knocked up the bundle? - A. The man that put up his hand to save the stick from going into his face, was that other young man at the bar.

Q. Can you describe how he knocked it up? - A. He put up his hand and pushed it away, or else he would have had a shocking blow in his face.

Q. It was a large stick then? - A. No, it was not a very large stick, a middle sized stick.

Q. Then what should have given him a shocking blow? - A. The end of the stick, it was a notched stick.

Q. What sort of a stick do you mean by a notched stick? - A. I should know the stick again, if I saw it.

Q. What sort of a stick do you mean by a notched stick? - A. I do not know whether it was white or yellow.

Q. How long was it that you had seen that young man before? - A. Not more than five minutes.

Q. From which way did he come to get to this foreigner? - A. He came from towards Cow-cross.

Q. Upon your oath, as you saw him five minutes before, was he not in company with that tall man? - A. No; I never saw him with any body, till about a yard before I came up to the foreigner.

Q. About a yard before you came up to the foreigner - was not the tall man close by? - A. He was before him a good bit; and then he took out of his pocket something like a bag or purse.

Court. Q. The tall man took something out of the pocket, and after that, the short one knocked up the stick? - A. A youngish fellow in a blue coat was the man that pushed the stick.

Court. Q. But the purse was taken away first? - A. Yes.

Court. Q. You say you gave your address, do you carry cards about you? - A. No; I told them where I lived servant.

Court. Q. That you said; immediately some ill-natured man, Plattin, took hold of him? - A. Very much so, and behaved very uncivil.

Court. Q. Very much so indeed, and it was before him you gave your address? - A. I told him, I lived with Mr. Richards, in Bridgewater-square.

Atterbury. She never saw me in her life till she saw me to day in the Bail-dock.

Howton. To the best of my knowledge, that is the man that took the purse from the prosecutor.

Mr. Alley. Q. Are you positive that that young man in the blue coat was not in company with the other man? - A. No, he was not.

Court. Q. What is Mr. Richards? - A. A watchcase-maker.

Mr. Alley. Q. Is he a housekeeper? - A. Yes.

Court. Q. How long have you lived there? - A. Half a year from the 5th of October.

Mr. Alley. Q. I believe Mr. Richards has attended here best part of the day? - A. Yes.

MARY PARRAT sworn. - Examined by Mr. Alley.

Q. Do you recollect, any time in the month of August, being in Smithfield? - A. Yes. I was crossing Cow-lane, I had been in Fleet-market, there was a young man before me, as I was crossing there, in blue clothes, I was looking out after him, seeing how nice and clean he looked.

Q. Was there any body in company with him? - A. Nobody at all; he walked along the side of the pens till he came to where there is a turning to go into Bartholomew-close; at the side of the haycart, there was a gentleman standing there, a foreigner, very much in liquor indeed, and he had a bundle on his shoulder; this young man was passing, and he put up his hand to prevent the stick going in his face; Mr. Plattin then came up, and collared the young man; I said to him, Sir, that young man is innocent of what you have taken him for, for I followed him from Cow-lane; Mr. Plattin replied to me, that I was an impudent b-h, I had no business with it.

Q. Are you perfectly sure that Plattin replied to you, that you were an impudent b-h, and had no concern in the transaction? - A. I am upon my oath, and will be upon my oath of it.

Q. Did you ever see the prisoner, Dowles, before that time? - A. I never saw him in my life before.

Q. And you are perfectly satisfied that that was the answer this civil Mr. Plattin made to you? - A. Yes.

Q. Therefore, if he has already told us, upon his oath, he made use of no such expression, he must have been incorrect? - A. He said so to me.

Q. You attended the next day before the Magistrate? - A. Yes, I did attend, but the man that opened the door would not let me go in.

Cross-examined by Mr. Knowlys. Q. Look at the man at the bar - is that the man that you speak of? - A. I cannot say to the man again.

Q. You stood close by him, you must recollect whether that is the man or not? - A. That young man I saw walk before me, in blue.

Q. How came you to doubt in just now? - A. I did not understand you, I thought you meant the gentlemen at Guildhall.

Q. Look at the tall man, I dare say he was not there? - A. I did not see that man then.

Q. You will take an oath he was not there? - A. I did not see him, that young man was walking by himself.

Q. There was no tall man near him? - A. Nobody at all near him.

Q. You did not see who took away the money from the poor foreigner's pocket? - A. No.

Q. Nor you do not know whether the bundle was touched before or after the foreigner was robbed? - A. No.

Mr. Alley. Q. All you say is, that there was nobody in company with that young man? - A. Yes.

Court. Q. You did not see the purse taken at all? - A. No.

Court. Q. Plattin behaved extremely ill, I understand? - A. He abused me, and called me an impudent b-h.

Q. If you did not see the property taken, how

came you to say to Plattin, that young man is innocent of what you have taken him for? - A. I saw that he was by himself.

Q. When did you give your address? - A. I told the young man, if I could he of any service in speaking the truth of what I saw, I would.

Q. That you told him, because he was so neatly dressed? - A. I told him where I lived.

Court. (To Plattin). Q. Look at these two women - did you see either of them there? - A. I did not see them till about three minutes after, which is a good long time; this woman did come up with a brazen face, she went and saw them to the Compter, I did also; and I went to enquire the foreigner's character where they make the images, and they said he was a very honest man; her mistress came to me the next day to know what had happened, for she had lost a day; I mean this young woman in the green bonnet, Sarah Howton .

Court. (To Howton.) Q. Were you at the Compter? - A. I went back with the woman to the Compter.

Court. Q. What woman? - A. I believe the boy's mother.

Court. Q. You did not know any thing of her? - A. She came to ask me to go; and I was afraid to go home to my mistress, and I got her to go home with me.

Court. Q. Did you see the other woman there? - A. Not to my knowledge.

Court. (To Withers.) Q. Did you see either of these women? - A. Sometime after, I saw this young woman, Sarah Howton , the other I did not see at all; there was no woman near at the time it happened.

For Dowles.

- RAVEN sworn. I have known the prisoner seven years; I never heard any harm of him.

Cross-examined by Mr. Knowlys. Q. Upon your oath, do you not know that he has been tried here for a robbery before? - A. I cannot say exactly; I heard something of a misdemeanor.

Court. Q. Then how dare you say you never heard any harm of him? - A. I do not know that he was.

Q. Did you never hear that he was tried here? - A. I cannot say that I have not.

Q. What did you hear that he was tried for? - A. I do not know.

Q. If you have known the man for seven years you must have heard - was it within these four years? - A. I do not know.

Q. How can you venture to say the man has bore a good character for seven years, when you have heard he has been tried here for a robbery? - A. I don't know that he was.

Q. What did you hear he was tried here for? - A. I never heard.

Court. Q. How long ago is it since he was tried here? - A. I do not know.

Mr. Knowlys. He was tried for a robbery, and permitted to go to sea afterwards.

Court. Q. Do you know much of him? - A. Yes; I have slept with him at his master's.

Court. Q. Then you must have heard what he was tried for? - A. I never did.

Dowles, GUILTY (Aged 24.)

Atterbury, GUILTY (Aged 40.)

Of stealing, but not violently .

Transported for seven years .

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

Reference Number: t17980912-74

541. BARWICK MATON, otherwise BARNEY MARSHALL , and JAMES GOODMAN , were indicted for breaking and entering the dwelling-house of William Tinkler , about the hour of one in the night of the 10th of July , and stealing eight silk breeches-pieces, value 8l. twenty-one pair of silk stockings, value 11l. two pair of silk gloves, value 11s. two silk purses, value 4s. and eighteen pair of cotton stockings, value 4l. the property of the said William Tinkler .

(The witnesses were examined apart at the request of the prisoner's Counsel.)

WILLIAM TINKLER sworn. - I am a hosier , I live at No. 56, St. Paul's Church-yard ; On the 11th of July, a little before two o'clock, I was alarmed by a watchman that my house was broke open; I was the last up the night before, I went to bed about eleven o'clock, and I saw the doors and windows fast; the shop-shutters were cut with a centre-bit, and broke out, the glass was broke, and all the goods, mentioned in the indictment, were gone out of the window; I went to the window, and what remaining goods there were I took out; I fastened the window as well as I could, and went up stairs again, and upon looking out at the window, I saw a man running with a bag, I do not know that that was either of the prisoners; then I saw the prisoner, Goodman, and another man, I cannot say who, join the man that had the bag, and they all three ran off together.

Q. Did you know Goodman before? - A. No, I did not.

Q. Do you know where they came from? - A. No, I do not; the same bag was afterwards brought to me.

Cross-examined by Mr. Gurney. Q. You were alarmed about two in the morning? - A. A little before two.

Q. After you had gone down stairs you looked out at window? - A. Yes.

Q. It was not a moon-light night? - A. It was day-light when I looked out at the window; that was three quarters of an hour after the alarm.

Q. And then it was you saw Goodman standing there? - A. Yes; he was standing with his face to me, just at the corner of the Church-yard.

Q. You were up two pair of stairs, perhaps? - A. Yes.

Q. He might be fifty yards from you perhaps? - A.Possibly he might; there was a woman there, who told me -

Q. Let the woman swear for herself? - A. She is not here - she said, that they threatened to murder her, and she has been out of the way ever since.

Court. Q. Whereabouts is your shop? - A. Directly opposite the pump.

Court. Q. Where was it you saw Goodman? - A. On the east side near St. Paul's school.

THOMAS SHEPHERD sworn. - I am a constable; I have thirty-nine pair of silk stockings that were delivered to me on the morning of the 11th of July,(produced them); they were delivered to me by Thomas Jellyman ; there were also eight breeches-pieces, two pair of silk gloves, two silk purses, a gimblet, a chissel, and a small crow; the chissel and crow were delivered to me by Thomas Duckham . About half past two the watchman, Humphreys, came to the watch-house, and informed me of a burglary; I went into Cheapside, where I was informed by the watchman, Myers, that there were three suspicious people gone past, down St. Paul's Church-yard, towards Watling-street; I went down that way, and in turning the corner towards Watling-street, I saw the prisoner, Marshall, the short one, leaving the corner from Watling-street, going towards the railing of the Church-yard; returning, on my left-hand towards Watling-street, I saw the prisoner, Goodman, talking with another man, between St. Paul's Church-yard and Watling-street, near the Old Change; I turned on my left-hand again, and went up the Old Change, I met two watchmen, Humphreys and Apothecary, I told them these men were at the corner, I would go round the Old Change again, and round the Church-yard again, and get another watchman or two to come with me; before I had got half way down the Church-yard, the alarm being given, I got to the corner, Humphreys, the watchman, had got charge of Goodman; I took him to the watch-house, and searched him, but there was nothing found; he said, he was there looking for a woman that had robbed him of three guineas a fortnight before; I asked him where he lived; he told me he was a master smith, in Bridgewater-gardens; there was a woman gave the first alarm, who is not here, she was taken into custody, but Alderman Curtis discharged her; she said, she durst not speak the truth.

JAMES HUMPHREYS sworn - I am a watchman: I was alarmed by my brother watchman that there were some lurking fellows about, and he wished me to pull my coat off, and see who and what they were; I pulled off my coat, and the two prisoners, and another man, were then standing facing Horse-shoe-court, at the end of Newgate-street; when they saw me coming, they set off and run; I ran after them, and got nigh enough to see James Goodman 's crooked leg, I never saw him before to my knowledge, his leg goes in at the right knee; I pursued them as far as Newgate-market, and there I lost them; I returned back, and alarmed the constable of the night; he went up Pater-noster-row, and into Cheapside; I went up into St. Paul's Church-yard, and there I saw the shutter cut; I met the constable in Cheapside, and told him the shutter was cut, and the house robbed, and the watchman was standing at the hole when I came by; the other watchman, Myers, came up and alarmed us that they were at the bottom of St. Paul's Church-yard, near Watling-street, on the School side of St. Paul's; I and James Apothecary went down the Old Change, and the constable and Myers went down the Church-yard; then they set off and run, and I went out at the bottom of the Old Change, and met Goodman in Watling-street, and laid hold of him; I gave the alarm of stop thief, and a Castle Baynard watchman ran after the other prisoner, and stopped him in Carter-lane.

Q. Now, are you sure that those men were the men you saw in Newgate-street? - A. I can swear to the person of Goodman by his leg; and I think I could swear to the other by his coat; I was not near enough to see his face.

THOMAS SIMPSON sworn. - I am a watchman belonging to Castle Baynard: I saw the short man, Goodman, between two and three o'clock in the morning of the 11th of July, there was a cry of stop thief, and he came running down Knight-rider-street, my partner followed him, and I caught him; he asked me what we stopped him for; and he was asked the question, what he run for; he said, because he heard the rattles, he ran after the man.

Q. Had any other man passed you? - A. No; we took him to the watch-house, and there he was searched; he stroked himself down, and said, he had nothing upon him but his own property, nor we found nothing upon him.

Cross-examined by Mr. Gurney. Q. You know, if you get the cause; you get a slice of eighty pounds? - A. I mean to do justice, I think nothing about a reward.

JAMES APOTHECARY sworn. - I am a watchman: The watchman on this side St. Paul's Church-yard told me there were three men lurking about at the corner of Newgate-street; I went, and saw them, two of them are now at the bar; that was about a quarter before three o'clock; I saw the same men in custody about three o'clock.

Cross-examined by Mr. Alley. Q. You say you saw them lurking about - do you mean to say you saw

them walking about? - A. No; I saw them standing still.

Q. You don't call that lurking about? - A. Yes, I do at that time in the morning.

Q. That was in Newgate-street, and the robbery was committed in St. Paul's Church-yard? - A. Yes.

Q. You went before the Magistrate? - A. Yes.

Q. There you said you did not know whether they were the men or not? - A. I did not say any such thing.

Q. Do you mean to say positively that they are the men? - A. Yes, I do.

TIMOTHY LEARY sworn. - I am a watchman of Castle Baynard; I was on duty in the Old Change; I heard an alarm of stop thief, I saw two men running, they crossed King's head-court from me; I ran after them as fast as I could, and I saw they were getting a-head of me, I sprung my rattle, and followed them across a place called Jew-alley, I pursued them as fast I could, and cried out, stop thief, then there were two partners of mine heard the alarm of stop thief, and then my partner stopped one of the men, Marshall, the other escaped.

Q. Had you lost sight of him before he was stopped? - A.Never, till turning the corner, and then we took him to the watch-house.

Cross-examined by Mr. Gurney. Q. You searched him there, and found nothing upon him? - A. He had a seven shilling piece upon him.

Q. The first time you saw him was in the Old Change? - A. Coming from the south side of St. Paul's Church-yard.

Q. The opposite side from Mr. Tinkler's house? - A. Yes.

Q. That was a quarter before three? - A. It was then after three o'clock.

THOMAS JELLYMAN sworn. - I am a brasier, No. 19, Little Carter-lane; all that I know about it is, that I picked up some property which Mr. Tinkler owned. On the 11th of July I was alarmed by some of the watch; I got up to see what was the matter, that was a little after three; I went out with my little boy, about thirteen years of age, to see what was the matter; when I came into St. Paul's Church-yard, I looked about to see whether the house was broke open; I walked round St. Paul's Church-yard till I came to the north side of it, near the pump; I there saw the place that had been broke open; I then looked about and saw a bag in St. Paul's Church-yard, upon the wall inside the rails; I put my hand into it, and found there were some stockings in it; I then carried it to the watch-house; Mr. Tinkler was apprised of it, and I saw the articles counted out and put down upon a piece of paper; I went away, and then my lad saw another bag inside the rails in the grass, and I went and picked that up, and took it to Mr. Tinkler's house.

Cross-examined by Mr. Alley. Q. Were you bound over before the Magistrate? - A. I was sworn at Guildhall.

Q. Did you not refuse to come here without being paid your expences? - A. I asked Mr. Tinkler about it.

Q. And he told you you would be paid by a share of the reward? - A. No, he did not, but one of the men did.

JOSEPH MYERS sworn. - I am a watchman; I was walking along, and saw three men at the trunk-maker's door, the corner of St. Paul's Church-yard, just before two o'clock; by that time there were two of them parted, and went towards Newgate-street, and the other man went towards Ludgate-hill. In about half an hour after I was sitting in my box, and I saw the three men come past my box again; I took them to be the same three men; they had all brown coats on; my box is against St. Paul's school; they came from towards Cheapside, and were going towards Watling-street; by that I watched them, and they made a stop about three doors on this side Watling-street, at the bottom of my beat, and there they stood with their faces all three of them towards the window shutters in my beat; upon that I got out of my box and went up to them, and they turned up the Old Change; I followed them up the Old Change, and I turned up towards Cheapside; I went upon my beat again, and then I saw the same three men at the other end of my beat, with their faces against the window shutters again; I went up to them again, and they crossed the way to Newgate-street to a post there; I then went and told Apothecary that I saw the three men, and he went and told Humphreys.

Q. What were they about with their faces to the window shutters, were they trying the window shutters? - A. No, I did not see them trying to do any thing.

Q. Did not you think that odd? - A. I thought they were going to bore or cut the shutters.

Q. You saw them first before two o'clock? A. Yes.

Q. When was it you saw them last? - A. About half past two, it was hardly day-light I believe then; Humphreys then pulled off his coat and followed them.

Q. Were they the same men that were afterwards apprehended? - A. I believe they were two out of the three; there was only one brought to our watch-house, and I am sure he was one that I saw at the bottom of the beat the last time altogether; I saw them four times, I saw them twice at the bottom of my beat; after I saw them go towards Newgate-market.

Cross-examined by Mr. Gurney. Q. The bottom of your beat is Watling-street? - A. Yes, and the

top of my beat is at the trunk maker's door by St. Paul's.

Q. The east side of St. Paul's is your beat? - A. Yes.

Q. When you saw three men looking at some window shutters; you don't mean Mr. Tinkler's shutters? - A. No, my beat is not of his side.

Q. You thought they were the same men, because they had all brown coats on? - A. They seemed so.

Q. You did not see their faces? - A. No.

Q. If I had had the misfortune to be going that way, with a brown coat on, you would have supposed I was one? - A. No, they were all three together.

THOMAS DUCKHAM sworn. - I am a watchman. About a quarter before two in the morning, when I got to the end of my beat in St. Paul's Church-yard, near Mr. Tinkler's house, I met my fellow watchman, and then I went down my beat again, and when I came to Mr. Tinkler's house, I found the shutters broke open; I rang the bell, and called up Mr. Tinkler; he came down and examined the window, and I staid at the window till he got up; in about an hour after that, the man that found the property came by; he looked in the Church-yard, and just beyond the pump he found a bag with some stockings in it, and about half an hour after that he found another bag, and I found an iron crow at the corner of the Church-yard, and a young fellow going by picked up a gimblet and gave it me. (The property produced.)

Mr. Tinkler. These are my property.

Marshall's defence. I am entirely innocent.

Goodman's defence. I am innocent of the crime that I am charged with.

The prisoner Marshall called two, and Goodman three witnesses, who gave them a good character.

Both NOT GUILTY .

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

Reference Number: t17980912-75

542. WILLIAM CLARK was indicted, for that he, on the 5th of September , a piece of false and counterfeit money, to the likeness and similitude of a sixpence, as and for a good sixpence, did utter to William Griffiths , knowing the same to be false and counterfeit; and the indictment further charged, that he, at the time he committed the said offence, had in his possession another sixpence, knowing it to be false and counterfeit .(The case was opened by Mr. Knapp.)

WILLIAM GRIFFITHS sworn. - Examined by Mr. Knapp. I keep the Ram-inn, Smithfield : On the 5th of this month, the prisoner came to my house during Bartholomew-fair, he called for a pint of porter, and laid down a sixpence, I told him it was a bad one, that he was wrong in offering bad money, and that it would serve him right to search him; an officer happened to be by, who said, he would soon do that, and at that instant he dropped two sixpences, and the officer found another in his fob; he had twelve penny-worth of halfpence in his pocket at the time he wanted change for sixpence for a pint of porter.

- NICHOLLS sworn. - I am a constable,(produces four sixpences); I took these from the prisoner on the 5th of September; I saw Mr. Griffiths return a bad sixpence to the prisoner, and heard him say, it would not do for him to put off bad money there; I then came up to him, and desired him to let me see the sixpence; he said, he would not; I got hold of his right hand, and with some difficulty got the sixpence out of his hand; while I was doing that, he put his hand behind him, and dropped two sixpences, one of them I saw him drop; I searched him, and in his coat pocket I found twelve penny-worth of halfpence, and in his fob another bad sixpence and a duplicate.

ROBERT PARKER sworn. Q. Look at the sixpence that was offered to Mr. Griffiths? - A. This is a counterfeit one.

Q. Now look at the others? - A. The other three are likewise counterfeit.

Prisoner's defence. I came to the fair, and changed half-a-crown to see a shew, and I took these sixpences in change; I was intoxicated in liquor, and did not know what I was about.

GUILTY .

Imprisoned one year in Newgate , and find sureties for good behaviour for two years more .

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

Reference Number: t17980912-76

543. JOHN COLLINS was indicted for feloniously forging and counterfeiting on the 11th of July , a stamp and mark to resemble a stamp and mark directed to be used in pursuance of a certain Act of Parliament, for the purpose of denoting the stamp duty of two shillings, charged by virtue of the said statute, for every felt, wool, stuff, or beaver or japanned hat, exceeding the value of twelve shillings, which shall be uttered or sold by any person or persons taking out a licence for uttering or selling in Great-Britain by retail such hats as aforesaid, with intent to defraud our Lord the King .

There were several other Counts, varying the manner of charging the offence.

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

JOHN ARMSTRONG swron. - Examined by Mr. Knowlys. I am one of the officers of Worship-street. On Wednesday, the 11th of July, between six and seven in the afternoon, I went, in company

with five other officers, to a house in Checquer-alley , between Whitecross-street and Bunhill-row; I, Harper, and Wray, went up two-pair of stairs, to a garret, the door had been just opened by the prisoner at the bar, he was between the door and the rolling-press; I then secured Barnett Solomons, who was in the room; the prisoner was in a nankeen waistcoat, with the sleeves tucked up, in a pair of slippers, and without his hat.

Q. Did you observe the prisoner's hands? - A. Yes; the press had then been recently pulled, because I found a plate with a stamp upon it; his hands were as all men's hands are that work a rolling-press, with black ink or red ink, they wipe the plate with their hands; his hands were then stained with red ink, and the stamps that hung upon the line were worked with red ink, they were damp; the linen is obliged to be damped to receive the impression; this plate was on a thing which they call a jigger, that they wipe on.

Mr. Serjeant Shepherd. Q. I take it that has been in your custody ever since? - A. No, it has not; I marked it with my own name, and gave it to Mr. Estcourt's clerk.

Court. Q. What is a jigger? - A. It is what the plate is wiped on after it receives the ink; this grate is for laying the plate upon, with charcoal underneath, to keep it in a little warmth; this is the pot that had the charcoal in it, which was then alight; after the prisoner was secured, these printed stamps I took down from the line, and I have had all but three ever since in my possession. (Produces them.)

Mr. Knowlys. Q. Were they damp when you found them upon the lines? - A. Yes, they were, they are two shilling stamps, No. 24. This quantity of cloth was over the press, but had not received any impression, it was wet, in a fit state to print; I found the press compleat at work, and every apparatus compleat for printing.

Cross-examined by Mr. Serjeant Shepherd. Q. The door of the garret was open when you went up stairs? - A. It was just opened as I entered, three of us going up stairs, I saw the prisoner with the nob of the door in his hand, and Barnett Solomons was behind the press.

Q. Have you known Barnett Solomons ? - A. Yes, I dare say two years.

Q. Not longer? - A.Two or three years the outside.

Q. What was he? - A. A pedling Jew, he deals about the country.

Q. Is that all you know of him? - A. No, I did give evidence once against him in this Court for coining of halfpence, I believe about twelve months ago.

Q. Do you know any other circumstance about Mr. Solomons? - A. No, not of my own knowledge.

Q. Do not you know he is as great a rascal as lives? - A. I do not know that; I know many of the Jews are a deal worse.

Q. Which of these plates did you find under the press? - A. This, the sixpenny one, that impression had just been pulled.

Q. Where did you find the other? - A. Ready to be put in the press as the other came out, I found it lying on the jigger. I served five years to a copper-plate printer, that makes me know so much of the nature of it.

JOHN WRAY sworn. - Examined by Mr. Fielding. I went with Armstrong to this place, I went up stairs with Armstrong and Harper, the rest of the officers being below; when we got into the room, Collins was between the press and the door; Armstrong laid hold of Collins, and I secured Barnett Solomons; I saw Armstrong find all these things that he has now described; Collins gave me a key out of his pocket, I asked him what it was, he said, it was she key of his apartment, No. 39, Ayliffe-street, Whitechapel; I went and searched that apartment, and in a desk I found this drawing of a hat stamp. (Produces it.)

Q. Was Barnett Solomons with you? - A. No.

Q. How long before had you seen him? - A.It might be half an hour or three quarters of an hour.

Cross-examined by Mr. Knapp. Q. You are pretty well acquainted with Barnett Solomons? - A. Yes.

Q. Have you heard what Armstrong has been saying of him? - A. Yes.

Q. I suppose what he has been saying of him you know? - A. Yes.

Q. You know both these lodgings? - A. Yes, I went to both.

Q. I take it there were other lodgers in the house, as well as Collins? - A. His mother lives where the press was, and his sister, I believe.

Q. Are there any lodgers there? - A. I believe not.

Q. Did you enquire? - A. No.

Q. Will you undertake to swear there were not? - A. No.

Q. Neither Solomons nor Collins were present when you found that drawing? - A. No.

Q. Did you enquire whether there were other lodgers in that house? - A. No; the key he gave me opened that door.

BARNETT SOLOMONS sworn. - Examined by Mr. Knowlys. I know the prisoner at the bar.(Mr. Serjeant Shepherd objected that he was not a competent witness, having been convicted in this Court, and that they must produce the record of his conviction.)

Mr. Serjeant Shepherd. Q. When were you tried here? - A. About two years ago, for halfpence.

Q. By what name were you tried? - A. By the name of Barnett Barnett.

THOMAS MAJOR sworn. - Examined by Mr. Fielding. I am an engraver to the Stamp-office.

Q. Look at that stamp, is that an engraving of your's, or belonging to the Stamp-office? - A. It is a counterfeit; our stamps are engraved 4, 6, and 8, on a plate.

Q. Be so good as look at one of these impressions, does that stamp resemble the original? - A. No, this is a counterfeit, it is an impression from this plate.

Court. Q. Does it mean to resemble the real stamp? - A. Yes, so nearly, that persons not conversant in these things would be deceived.

Court. Q. Tell me the distinguishing circumstances? - A. They have omitted the chain in the counterfeit stamp.

Mr. Fielding. Q. Did you engrave that which is in use in the Stamp-office? - A. Not entirely my self, I finished it.

Q. Have you any order of the Commissioners? - A. I have, this is my warrant. (Produces it.)

Cross-examined by Mr. Serjeant Shepherd. Q. I observe you produce this paper, which is dated in June, 1796, where did you receive that from? - A. From the Stamp-office.

Q. Did you fetch it from there yourself? - A. I believe this gentleman delivered it to me who fits next me, Mr. Linley.

Q. Do you recollect when you received it? - A. I cannot positively say.

Q. About when? - A. It could not be long after its date.

Q. Did you, after you received that order from that gentleman, engrave any plate? - A. A great many plates.

Q. Who did you return the plates to after you had engraved them? - A. I carry them to the Stamp-office, then they are entered, and signed by three or four witnesses, and always in presence of a Commissioner.

Q. How do you know that that is not a plate of your engraving? - A. There is a chain omitted in it, and I know it by the difference of the workmanship.

THOMAS LINLEY sworn. - Examined by Mr. Knowlys. I am a Supervisor of the Stamps, at the Stamp-office.

Q. Have you the plates for stamping the two shilling stamps? - A. I have got them here.

Q. Are these the plates that have been in use in the Stamp-office, for the purpose of impressing stamps? - A. I have them here, (produces them); they are under my care.

Court. Q. Is the year dated upon the stamps? - A. No.

Mr. Knowlys. Q. How long have these been in use? - A. From the 5th of August, 1796.

Q. Here is one stamp, I see, No. 24? - A. Yes, they are different numbers.

Q. (To Mr. Major.) Is that plate, No. 24, the original plate? - A.It is.

Q. Does this plate appear to resemble it? - A. It is a resemblance, but a bad one.

Mr. Serjeant Shepherd. Q. How many plates like that large one have you engraved since that order came? - A. I cannot say, I have engraved many of them.

Q. Now point out to me the difference between that on the large plate, and that which you have in your right hand? - A. There are many differences that you would not be a judge of, there is a chain totally omitted.

Q. These plates, by wearing, become unfit for use, without re-touching? - A. They are repaired upon the same plate.

Mr. Serjeant Shepherd. (To Linley.) Q. How many of these plates are there in use? - A. Forty-six.(Mr. Shelton reads the record of the conviction).

"September 14, 1796, Barnett Barnett convicted, fined one shilling, and imprisoned in his Majesty's gaol of Newgate for three months until he pay the same."

Mr. Knowlys. (To Solomons.) Tell us what you know about this business? - A. I went to a house that I use, and Collins told me he had got something that might be of use, we might get money by it; I asked him what it was; and he shewed me a two shilling stamp; he told me if I could negociate any of them, it would be of great service to him and me too; I took the stamp to a gentleman, who said, he would go immediately with me to a solicitor; he went with me, it was a stamp upon cloth; the prisoner brought me some stamps to a public-house, he brought me two hundred the next day; he served me about three weeks, I had about seven hundred in the whole of them; the Sunday before he was apprehended, he asked me to come to his house, I did not know where he lived till he asked me to come; it was about two o'clock in the afternoon, and I saw the press, but he said it was Sunday, and there was no work going on; he told me to call on the Monday, which I did.

Q. Tell us any thing you saw then about the stamps? - A. I saw the two shilling stamps struck.

Q. Who struck them? - A. The prisoner; he asked me to pull the press for him, which I did; and in about an hour the officers came and took us.

Court. Q. Had you never pulled the press before? - A. No.

Court. Q. What did you do with the seven hundred stamps? - A. I delivered them to the Solicitor.

Cross-examined by Mr. Serjeant Shepherd. Q. How long have you known him? - A. About a twelvemonth.

Q. Do you mean to say he applied to you first, or you to him? - A. He applied to me.

Q. Do you mean to swear that? - A. Yes; at a Wine-vaults, in Petticoat-lane.

Q. How many times had you been at this lodging of his before the officers came? - A. I never was there before that Sunday that he was apprehended on the Wednesday.

Q. When did you first deliver the stamps, you chuse to say you had from him, to the Solicitor? - A. Directly.

EDMUND ESTCOURT Esq. sworn. - Examined by Mr. Fielding. Q. Did that man call upon you, and deliver you any stamps? - A. He did, a bag full.

Q. Was it in consequence of his information that the prisoner was apprehended? - A. It was.(Produces a large parcel of stamps).

Prisoner's defence. My Lord, and Gentlemen of the Jury, I think it is not necessary for me to say much, being fully conscious of my own innocence; that man is the greatest traitor that ever was born, he has sworn as false as any thing under the sun; if ever an innocent man stood at the bar I am he; my Lord, and Gentlemen, I have nothing more to say, I leave it intirely to your discretion.

Mr. Serjeant Shepherd. My Lord. This indictment is founded upon an Act of Parliament, the 36th of the present King, which refers to a former statute, the 24th of the King, by which it is enacted, that no person is to sell hats without a licence. It then charges upon hats a duty of two shillings for every hat above the value of twelve shillings, and so on. Then the statute of the 36th of the King enacts, that every hat made of felt, wool, stuff, beaver, or leather, &c. shall be lined, or covered, in the inside of the crown, with silk, linen, or other proper materials, whereon a durable mark, or stamp, can be conveniently affixed, to denote the duties by the said recited Act imposed; and on which materials, a stamp, or mark, to be provided by the Commissioners of the Stamp-office, shall have been stamped.

Now, if this same status had charged the duty which has directed the stamp to be used, and has created the subject of the offence, beyond a doubt this indictment would have been good; but, I submit to your Lordship, upon the face of this indictment, that it is at least equivocal by what statute this duty is charged; if this indictment had stated that he forged a stamp denoting a duty charged by the 86th of the King, it would be bad, because there is no duty charged by that statue; and, therefore, it must be stated to be a duty charged by some other statute than that set out in the indictment; because, by that statute, there is no duty charged at all. It is stated in the indictment, that the prisoner has forged a stamp to denote a duty charged by virtue of the statute. - I say, that is not sufficiently stated; for the only statute in the indictment is the 36th of George III. which charges no duty at all. I submit to your Lordship, that it ought to have been stated in this way; that he has forged a stamp to denote a duty charged by virtue of the statute of the 24th of George III. and then it would stand perfectly clear; that the duty being charged by one statute, and the stamp provided by another, that he had forged the stamp directed by the 36th. denoting a duty charged by the 24th.

Court. You see, Brother Shepherd, the words are - "forge a stamp, and mark, then and there directed to be used, in pursuance of a certain Act made in the 36th, denoting a duty of two shillings, charged by virtue of the statute in that case made and provided."

Mr. Serjeant Shepherd. If your Lordship thinks that must necessarily refer to some other statute, my objection falls; but I submit to your Lordship, it is most perfectly equivocal as it stands at present.

Court. If there is a statute made and provided for the purpose, am I to suppose it refers to a wrong statute?

Mr. Serjeant Shepherd. If your Lordship takes the statute in that case made and provided necessarily to refer to the 24th.

Court. He has transgressed against the 36th, by forging a stamp in that case made and provided.

Mr. Serjeant Shepherd. I will just trouble your Lordship with another objection. This statute creates an offence. the object of which is to defraud the King of a duty raised by another statute. - Then this man has offended against two statutes, and this indictment concludes "against the form of the statute" only; whereas, I apprehend, if there is a breach of the law against two statutes, it is necessary that the indictment should conclude "against the form of the statutes;" I admit it will not vitiate an indictment which concludes against the form of the statutes when the offence is only against one statute; but I contend, that where it is stated against the form of the statute, when it is an offence against two statutes, that indictment is bad.

Mr. Fielding. My Lord, I shall apply myself entirely to the latter objection of my learned Friend's. - My learned Friend says truly, an indictment must conclude against the plurality of statutes, if a plurality of statutes be necessary to contemplate the crime of which a party is accused; if, therefore, it were necessary in any degree to consider the constitution of the crime, as made by the 24th of the King, it would give a semblance to the objection of my learned Friend; but, inasmuch as here, whatever other duties may be imposed by former Acts, the 36th comprises all those cases, so as to bring them within one focus. I consider the crime, of which the prisoner is indicted here, to consist in what I shall now state to your Lordship: whatever the duties were before, whether they had been imposed by one, two, three, or four different statutes, it does not at all signify here; the statute of the 36th says, that a stamp, ordered by the Commissioners to denote any thing that had gone before, that the forging, or counterfeiting that stamp, is the crime in the contemplation of the Legislature. Therefore, your Lordship can have nothing to do with any other statute; for the 36th of the King expressly makes it criminal in the party to forge that, which, by the order and direction of the 36th, is adopted in order to denote such duty, and therefore it could not have been necessary for us, in the least degree, to have taken notice of the manner in which the

duties were imposed by the 24th of the King. It is true, the Act of Parliament does not expressly charge the duty of 2s.; but there are a great variety of cases in the books, where I take the distinction always to have been this: that where the crime in the contemplation of the Legislature is laid altogether, and the punishment affixed by a latter Act of Parliament, though there may have been several preceding Acts of Parliament, it is always laid as against that statute. The crime here, is the counterfeiting a stamp, that stamp is directed to be used by the Commissioners, by this very Act; and all we have to consider is, whether the stamp, so made use of, was ordered by the Commissioners under this Act. We conceive we have nothing to do with the antecedent Acts, and therefore, we trust your Lordship will be of opinion that the indictment is good.

Mr. Knowlys. My Lord, There has been one position of law assumed upon this occasion, against which I beg leave to enter my protest. In the first place, the foundation certainly fails - The crime with which the prisoner at the bar stands charged, is forging a certain stamp; that crime was created by the 36th of the King, and created by no other statute whatever; because, till the 36th of the King, that stamp, which he is charged with forging, as a capital offence, was not in existence. The 24th of the King had ordered stamps to be made, but they were to be impressed upon paper; that mode of collecting the duty was found to be open to considerable evasion, and therefore the 36th repealed that mode of impressing the stamps. To denote the duty, it says, that new stamps shall be prepared by the Commissioners, to be impressed upon linen, and so far fixed to the hat as to make evasion more difficult. Then comes the enacting clause, which says, if any person shall forge or counterfeit any stamp directed to be used by this act, then they shall suffer death, without benefit of clergy. There is no other stamp legally in existence, and therefore there can be no other forgery than that individual forgery created by this individual Act; therefore, that would be the answer to the position, upon which the subsequent objection must be grounded, namely, that there are two statutes relative to this offence; but, supposing that were so, yet the inference of law deduced from it, cannot stand. It is taken as a position, that the indictment ought to conclude against the form of the statutes - I know that Mr. Serjeant Hawkins, when he treats on the subject of indictments, says, there have been some authorities for it; but he adds, there are also strong authorities for the contrary opinion, which is also most agreeable to precedents; and I will venture to say, that there are no precedents in the margin of this book(4 Hawkins, 71) of indictments, upon which the objection has been raised, and upon which the objection has been allowed. The precedents there cited, are precedents of actions qui tam, in which the objection has been allowed; but in those cases there is no allegation of a crime, and therefore the party claiming a penalty may be held to greater strictness than in an indictment calling upon the party to answer for a crime. There is no precedent, so far as I have been able to search, of that kind; but those precedents which are cited in the margin, are proceedings in actions qui tam, and not upon indictments; and therefore, do not warrant the assertion that there are precedents, in which the Court have decided, that, in indictments, the conclusion must be against the form of the statutes; on the contrary, the strong authorities, as well as the course of precedents, are on the other side; and therefore, unless there is some modern case stronger, in which those former opinions are taken notice of, and held not to be law, while it is said, the stronger opinions are on the other side, and the course of precedents too, your Lordship will not give way to the weaker.

Mr. Serjeant Shepherd. My Lord, With respect to the authority of Mr. Serjeant Hawkins, there are cases which appear of a contrary determination. Mr. Serjeant Hawkins says, where the proceedings are in latin, and may not be understood, the safest way is to put it with an abridgment, contra formam statut, which may stand either for statuti or statutorum, as will best maintain the indictment. Where one act creates an offence without reference to another, which enacts what the punishment shall be, there I apprehend it should be against the form of the statute, because the subsequent statute has nothing to do with the offence, but merely with something that is to be done with the prisoner, after the verdict of the Jury has passed, namely, punishment: But where an offence is constituted, and necessarily must be founded, upon more than one statute, it is not a true description of the prisoner's offence, because he has not done any thing criminal against the form of the statute, but against the form of the statutes. Now, to apply that observation, suppose for a moment, the 24th Geo. III. was expunged from the book of statutes, neither my learned Friend, or any body else, could form an indictment, or convict a man upon the 36th, because the 36th creates an offence forging a stamp denoting a duty charged by another statute; therefore, the 24th of the King, must be an existing law at the time the offence was committed, or it is no offence at all; and therefore makes one of the ingredients upon which the indictment is framed; for the indictment is for doing an act prohibited by the 36th, producing a fraud, the existence of which fraud can only be against the 24th; for there must be an act done, and there must be a fraud intended; the act must be done against the 36th of the King, the intention of fraud is against the 24th, because it is an intention to defraud his Majesty of a duty charged by the 24th-Then there must be two Acts of Parliament to constitute the offence charged, and if so, then I submit to your Lordship that this indictment cannot be good.

My learned Friend, Mr. Knapp, refers me to an authority very much in point, in Hale's Pleas of the Crown, 2d vol. 173. The case cited, is the case of Dingly and Moore, from Croke, Eliz. 6."If one statute be relative to another, as where the former makes the offence, the latter adds a penalty; the indictment ought to conclude contra forma statutorum." That is not exactly this case to be sure, but the principle, as it seems to me, is the same; that where two statutes must be taken into contemplation, in order to constitute the offence, it must be against the form of the statutes. The indictment charges that he has forged a stamp denoting a duty of 2s. upon all hats above the value of 12s. to be sold by any person; suppose they had blundered at that description, and said, denoting a duty upon all hats above the value of 5s.; beyond a doubt, it would have been bad, because it must charge, by the 36th of the King, that the stamp forged, is a stamp denoting a duty. - There is no duty upon a hat of 5s. therefore, if it does not say, forging a stamp denoting a legal duty, as charged by the 24th, it would not be any offence

at all. That shews that your Lordship must necessarily look at the 24th, in order to see whether he has forged any stamp which does denote any thing at all; and here the offence is founded upon that statute, because the offence is, forging a stamp, directed by the 36th of the King, to denote a duty charged by the 24th of the King; and therefore, unless the indictment had stated it to be against the form of the statutes, it cannot be good.

Lord Chief Baron. This objection, in the first place, is perfectly new. I believe I have attended scores of prosecutions in the offices which I have had the honour to fill, and in every case these forgeries are attended with the consequence of breaking in upon some revenue, founded upon some Act. I agree with my Brother Shepherd, that if one Act shall speak of the crime, and another of the punishment, you must take the two Acts together; but it is singular, as it strikes my mind, to suppose that the 24th of the King had any thing to do with the present indictment, which is an indictment for offending against a mode of offence, which is, for the first time, described in the 36th; it is an offence against that Act, and that only; but in describing the offence, and purely as matter of description, the indictment says, he has forged a stamp and mark directed to be used in pursuance of a certain Act; for what purpose? it then describes the thing, for the purpose of denoting a stamp duty of two shillings, by virtue of the said statute. Then it is nothing more than describing what sort of stamp it is that has been forged; but the crime of forging depends entirely upon the 36th, and not at all upon the 24th. I take it this does not fall within that sort of case, where you must necessarily look into two statutes to see what the offence is; you only look into one, and there you see what the consequences of that offence is; it is a very different case from where the crime is defined in one Act, and the consequences in another. I am therefore of opinion, that the objection should be over-ruled: at the same time, if Mr. Knapp, and my Brother Shepherd, think it a point worth reserving, it shall be reserved.

The prisoner called thirteen witnesses, who gave him an excellent character.

GUILTY Death. (Aged 23).

After the verdict was pronounced, the prisoner addressed the Court as follows:

My Lord, and Gentlemen of the Jury, I am perfectly satisfied with my trial; I meet the sentence with every fortitude that a man ought to do. To the Counsel, who have pleaded for me, I return my most sincere thanks. The evidence of Barnett is completely false; and knowing my own innocence, and the manner in which I have been drawn into it, I shall meet that God hereafter, whom he dare not shew his face before. I am totally innocent, and I know that God will stand my friend, and a crucified Christ will receive me in the arms of his faithfulness, when I launch from the gallows into an endless eternity.

The case was reserved for the opinion of the Judges .

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

Reference Number: t17980912-77

544. RICHARD SHAW and JOHN HARRIS were indicted for feloniously stealing, on the 8th of September , two linen sheets, value 12s. two linen shifts, value 12s. two linen pillow-cases, value 2s. a linen towel, value 8d. and a coarse towel, value 4d. the property of Thomas Hodges .

Second Count. For stealing like goods, the property of Roger Baker .

ELIZABETH HODGES sworn. - I am the wife of Thomas Hodges , I sell old linen in Monmouth-street, I know nothing of the loss myself.

ROGER BAKER sworn. - I keep a little shop and a mangle ; the linen was delivered to me by Mrs. Hodges's little child, and I took them and put them down on the mangle in the shop; I went down into the kitchen upon some business between ten and eleven o'clock in the morning as near as I can guess; I returned in a few minutes, and Mrs. Baker called me up in haste and asked me what I had done with the bundle of linen that I had received; I said, I had laid it on the mangle, and she said, she had lost it out of the shop; I received information of the prisoners, and I immediately went to the Bull's-head, in Crown-street, a few doors from my house, and found the two prisoners were there; I got a constable, and secured them; the property has never been found.

JANE BAKER sworn. - The two prisoners came into my shop on the 8th of September, between ten and eleven o'clock in the forenoon; Shaw asked for half an ounce of tobacco, the bundle was then lying on the mangle; another man then came in and asked for some sugar-candy, he asked me how much there was for a penny, I said, half an ounce; he said, he thought he should have an ounce, and then turned round to Harris, and I missed him and Harris all at once; I did not see them go; then Shaw threw a piece of silver upon the counter, and told me to give him change; I took the silver in my hand, and asked him if he called that a shilling; he said, yes; I told him it was too large for a sixpence, and too small for a shilling; I took three different shillings out of the till and weighed it, it was too light, I told him I could not take it; he took the silver back, and went out of the shop; I missed the bundle, I was going to mangle it, and then I called my husband as he has related; I went to the Bull's-head, in Crown-street, and there I found the two prisoners, and they were taken before a Justice; I am sure the prisoners are the two men that came into my shop first.

CHRISTOPHER COOPER sworn. - I am a grocer: On the 8th of this month, between ten and eleven o'clock, I was standing behind my counter, in Compton-street; I saw the prisoners, and two other young men, pass along on the other side of the way, they went on to the corner of Stacey-street, all four together, they stopped about a minute in conversation, when Shaw left them, appa

rently to go home, he lives that way; he might have got ten paces, when the other three lads followed him, and in about two or three minutes afterwards I saw Harris with a bundle of linen under his arm, such as was described at Marlborough-street; Harris, and the biggest of the other two, passed close under my window, the other was on the other side of the way, and when he saw me looking at him, he stopped running; it struck me it was a robbery, and I learned that they were gone into the Bull's-head, in Crown-street; the bundle appeared to the like a bundle of sheets done up with a brown wrapper over it, that did not quite cover it, the things were apparently in a rough state, not mangled. When the constables came, I went to the Bull's-head, and the two prisoners were taken into custody; I pointed out Harris as the person who had the linen under his arm, But I never saw Shaw after the time that I speak of.

Jury. Q. Did you know the prisoners before? - A. I have known Shaw a long time, and the other I know by sight; I have seen him frequently.

BENJAMIN POOLE sworn. - I apprehended the prisoners at the Bull's-head, in Compton-street, in company together.

Harris's defence. I went into this shop with a young man who had got a cold, to buy some barley-sugar, he said he could have more than that for money, and we came away, and went to the Bull's-head, and there we were taken.

Shaw's defence. I know nothing at all of the bundle, I went into that public-house as I generally do at my meals, I never saw Harris before in my life, I am entirely innocent.

Shaw called three, and Harris one witness, who gave them a good character.

Shaw, GUILTY . (Aged 20.)

Harris, GUILTY. (Aged 18.)

Transported for seven years .

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

Reference Number: t17980912-78

545. PATRICK HENCHILLER and THOMAS ODELL were indicted for feloniously stealing, on the 21st of August , five pails of grains, value 15d. the property of William West .

There being no evidence to establish a charge of felony against the prisoners, they were

Both ACQUITTED .

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

Reference Number: t17980912-79

546. SARAH HAWKINS was indicted for feloniously stealing, on the 21st of August , five yards of printed cotton, value 15s. the property of John Brown and Thomas Foster .

JOHN BROWN sworn. - I am a linen-draper , No. 25, Oxford-street . On the 21st of August the prisoner came into our shop to ask for some printed cotton; she saw several quantities, and none suited her; she went away, and as she was going away I saw a piece of print hanging from under her child, which I took away from her; I brought her back, took her to Marlborough-street, and she was committed, (produces the property); I know this to be mine; just before she came in, I had wrapped it up with the fag end outward, as it is now, and the printer's name upon it; she wished me to let her go very much.

Prisoner's defence. There was another woman with me, and she gave it me to hold while she tied the child's shoe.

Q. Was there another woman with her? - A. Yes.

The prisoner called two witnesses, who gave her an excellent character.

GUILTY (Aged 25.)

Confined one month in Newgate , and fined 1s.

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

Reference Number: t17980912-80

547. ANN SOUTH, otherwise ARCHER , was indicted for feloniously receiving, on the 9th of April , at the parish of St. Mary Matsellon, otherwise Whitechapel , a linen shirt, value 5s. a silk handkerchief, value 1s. 6d. eight yards of dimity, value 8s. thirty yards of ribbon, value 10s. two cotton shawls, value 8s. six pair of cotton stockings, value 9s. two yards of diaper, value 12d. and a cotton handkerchief, value 12d. the property of William Chapman , being part of certain goods feloniously and burglariously stolen by one John Morris , otherwise Bissell, and John Moore , for which felony and burglary they were tried and convicted at the Assizes holden for the county of Essex; knowing the same to have been stolen .

WILLIAM CHAPMAN sworn. - I am a shopkeeper , at Woodford, in the county of Essex: In the night of the 8th of April, my house was broke open; they had wrenched the shutters of my Staffordshire-warehouse, which is under the same roof with my dwelling-house; then they broke a pane of glass between the Staffordshire-warehouse and the linen-draper's shop; a boy had got through the pane of glass, who was capitally convicted at Chelmsford. I was twice robbed; I lost a great quantity of ribbons the last time; I lost as much as two hundred pounds worth of property; among the rest, I lost the things mentioned in the indictment, (repeating them); part of them were in the indictment against Morris and Moore; the officers found the things, mentioned in this indictment, at the prisoner's lodging.

JOHN NOWLAN sworn. - I am an officer of the Police-office. On Monday, the 9th of April, I went, in company with some other officers, to a house in George-yard, Whitechapel, where we apprehended the men that were tried at Chelmsford, in company with the prisoner at the bar; the three men that were tried at Chelmsford resisted very much, in the mean time the prisoner made her escape; I searched the apartment, it was a lower room, she acknowledged that it was her room; I searched the room, and found the articles stated in the indictment tied

up in this handkerchief, and concealed in a bureau bedstead; I secured the three men, and took them to the office. On the Wednesday following, I went, in company with Griffiths, to a place called Salter's-rents, near Shoreditch-turnpike, where we found the prisoner in bed; I asked who that room belonged to that she made her escape out of, and she said it was her's; I asked her if she knew any of the prisoners that we had apprehended; she said, yes, she knew Morris, he had slept with her about six weeks; she had a bed-gown, which, upon my asking her, she said Morris gave her after the first robbery; Mr. Chapman was robbed twice.

Mr. Chapman. I was robbed the 17th of March the first time, and afterwards in the night of the 8th of April.(Nowlan produces the property.)

Chapman. These things are mine, they have most of them my private mark upon them.

Q. And were in your shop on the 8th of April? - A. They were; they were lost in the night.

THOMAS GRIFFITHS sworn. - On Monday, the 9th of April, I went, in company with Nowlan and two other officers, to a house in George-yard, which was the apartment of the prisoner; I found this cotton shawl.(Producing it).

Chapman. This is mine.

(Mr. Chapman produced a copy of the record of the conviction of John Morris , otherwise Bissell, and John Moore , at Chelmsford).

Chapman. I received it from Mr. Knapp's office.

Prisoner's defence. I did not know what was in the room, I had not slept in the room for three nights before they were taken.

GUILTY . (Aged 22.)

Transported for fourteen years .

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

Reference Number: s17980912-1

The SESSIONS being ended, the COURT proceeded to GIVE JUDGMENT as follows:

Received sentence of Death - 14.

John Lowther ,

Dennis Nugent ,

Thomas-Henry Wiltshire , otherwise Walden,

Joseph Peachey ,

Thomas Allen ,

James Wingrove ,

Robert Ladbroke Troyte ,

John Bruton ,

William Hewlings ,

Josiah Oliver ,

Catherine Lahey ,

Ann Warner ,

Sarah Willis ,

Ann Sydney .

Transported for fourteen years - 2.

Benjamin Jacobs , otherwise Jacob Abrahams, Ann South , otherwise Archer.

Transported for seven years - 24.

Charles Wilson ,

Sarah Lawrence ,

Mary Smith ,

Richard Clark ,

Sarah Baker ,

William Abell ,

Robert Dowles ,

William Atterbury ,

James Hardwicke ,

Joseph Hawkes ,

George Rose ,

Charles Wilbraham ,

Charles Bradbury ,

John Collins ,

Thomas Robertson ,

John Howard ,

George Walker ,

Thomas Whomby ,

William Radford ,

Margaret Buckie ,

Thomas Chapman ,

John Manning ,

Richard Shaw ,

John Harris .

Confined two years in the House of Correction, and fined 1s. - 5.

Elizabeth Jean , Thomas Summers , John Rudd , Susannah Taylor , Mary Davies .

Confined one year in the House of Correction, and fined 1s. - 4.

Jane Curtis , Richard Lloyd , Thomas Glover , Sarah Conjuet .

Confined one year in Newgate, and fined 1s. - 2.

Arthur Neal , Thomas Curtis .

Confined six months in the House of Correction, and fined 1s. - 2.

Elizabeth Green , Thomas Stone .

Confined six months in Newgate, and fined 1s. - 1. - William East .

Confined three months in Newgate, and fined 1s. - 1. - Mary Roberts .

Confined two months in Newgate, and fined 1s. - 1. - James Honey .

Confined one month in Newgate, and fined 1s. - 2.

Mary Thompson , Sarah Hawkins .

Confined fourteen days in Newgate, privately whipped, and discharged - 2.

William Cathery , Sarah Herbert .

Confined one week in Newgate, and fined 1s. - 1. - Ann Smith .

Fined 1s. and discharged - 2.

Thomas Grizzle , Hugh Robins .


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