Old Bailey Proceedings, 5th December 1798.
Reference Number: 17981205
Reference Number: f17981205-1

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 5th of DECEMBER, 1798, and following Days, BEING THE FIRST SESSION IN THE MAYORALTY OF The Right Honorable SIR RICHARD CARR GLYN, KNIGHT, LORD MAYOR OF THE CITY OF LONDON.

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

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

1798.

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

BEFORE Sir RICHARD CARR GLYN , Knight, LORD MAYOR of the CITY of LONDON; Sir RICHARD PERRYN , Knight, one of the Barons of His Majesty's Court of Exchequer; Sir NASH GROSE , Knight, one of the Justices of His Majesty's Court of King's-Bench; Sir JOHN WILLIAM ROSE , Knight, Serjeant at Law, Recorder of the said City; JOHN SILVESTER , Esq. Common-Serjeant at Law of the said City; and others, His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Gaol Delivery of NEWGATE, holden for the said City and County of MIDDLESEX.

London Jury.

Samuel Nash ,

Richard Wootton ,

James Ward ,

Joseph Pearman ,

Joseph Harris ,

Christopher Forsyth ,

Joseph Vere ,

Daniel Allen ,

John Gammon ,

Richard Cattrans ,

John Howell ,

John Bristow .

First Middlesex Jury.

John Beard ,

Stephen Jarvis ,

George Pettit ,

John Christie ,

John Nimmo ,

William Middleton ,

Richard Franks ,

James Stephens ,

Ivy Eyres ,

George Warburton ,

William Kendall ,

John Dingwall .

Second Middlesex Jury.

John Shoreland ,

Henry Philot ,

Walter Lewis ,

George Jackson ,

Nicholas Proctor ,

Horatio Robson ,

William Stephens ,

Matthew Smith ,

Joseph Serjeant ,

Robert Clarke ,

Justinian Flexney ,

James Pilton .

Reference Number: t17981205-1

1. NICHOLAS CRINIAN and PATRICK HENNEY were indicted for feloniously stealing, on the 13th of November , privily from the person of John Edwards , a leather pocket-book, value 1d. a foreign piece of gold coin, called a pagoda, value 5s. four guineas, a seven shilling piece, a Bank-note, value 5l. three other Banknotes, each of the value of 2l. and three other Bank-notes, each of the value of 1l. in the dwelling-house of Anthony Burton .

JOHN EDWARDS sworn. - I am a rigger ; at the time of the robbery, I lodged in the house of Anthony Burton , at Blackwall , it is a public-house. On Tuesday, the 13th of November, I returned from my labour between five and six at night; I had a pocket-book in my pocket, with four guineas in gold in it, a seven shilling piece, a pagoda, and fourteen pounds in Bank-notes.

Q. Do you know any think about the number of any them? - A. No.

Q. Look at the prisoners; when you got back to your lodgings, were either of them there? - A. Yes, both of them were standing on the right side of the fire-place in the tap-room.

Q. Did you sit or stand near them? - A. I both stood and sat near to them as close as I could well be in the settle; I sat next to Crinian, and I believe there was another person sat between me and Henney; I was with them the space of about half an hour or three quarters of an hour.

Q. Were you at any time so near to them that they could put their hands into your pocket? - A. Yes, Nicholas Crinian ; I went to bed at eight o'clock.

Q. When did you miss any thing? - A. Not before the next evening, when I returned from labour again between five and six o'clock; I instantly went to enquire of Mr. and Mrs. Burton, and the daughter, and the servant, to know if they had seen any thing of the pocket-book; they told me, no; I asked for a candle, and looked for it in the room, but could not find it; I looked where I had been at work, but could not find it; I returned back to the house, went into the taproom, and told them I had lost a black pocket-book, with the name of Davis inside of it, and any body that would bring it to me, I would give them half the money that was in it, if they would return the money; Crinian, whom I afterwards found the pocket-book upon, was close to me at that time; I gave up all hopes of the pocket-book, and went into the house and out of the house backwards and forwards, and afterwards I heard that Crinian had changed a Bank-note the night before at Mr. Armistead's; I went to Mr. Armistead's; after that I went for a constable, and gave charge of Crinian between seven and eight on the Wednesday evening at my own house; the constable found the pocket-book in his pocket when he began to search him, but he would not stand to be searched; the constable put his hand into his pocket, and was pulling the pocket-book out, I saw it in his hand, and I laid hold of it with my finger and thumb, in consequence of that I called to the people that I had got hold of my pocket-book, but he gave himself a spring, pulled it away from me, and heaved it away round the room; it was then picked up and given to the officer; the officer asked me if that was my pocket-book; I replied, yes, it was, and told him if it was mine, there was James Davis marked in it; every thing was gone out of it.

ANTHONY BURTON sworn. - I keep the Ship, at Blackwall; the prosecutor lodged with me; both the prisoners were there on Tuesday, the 13th of November, between five and six o'clock; I saw Edwards sit down along side of Crinian; it is a very small tap-room, and was very full; I then went out into the other room, I did not take notice where the other prisoner sat; when he had missed his pocket-book the next evening, he asked me if I knew any thing about it, and he searched, and could not find it; one of them had lodged four guineas in my wife's hand the night before, that made me suspect them; we sent for an officer, and called Crinian into another room; they were going to search him, and he said he would not be searched, he said he wanted to go to the necessary; one of the officers insisted upon searching him first; he was moving his hand towards his pocket, when Edwards cried out, here is my pocket-book; then Crinian made a sudden snatch, and Edwards cried out, that is my pocket book; he has hove it away; Edwards said, if it was his, there was the name of Davis in it, and when it was opened, there was the name of Davis in it; the next day Henney was taken up; upon his being searched, I saw found upon him a guinea and half-a-crown.

JANE BURTON sworn. - I am wife of the last witness: On the Tuesday night the prisoner Crinian lodged in my hands four guineas, I did not see Edwards sitting with him.

Q. Do you remember seeing Edwards go to bed? - A. Yes; it was two hours, or two hours

and a half after that that Crinian brought me the money, and the next day he lodged another guinea in my hands.

THOMAS SMITHER sworn. - I am a headborough: On Wednesday, the 14th of November, Edwards came to my house, and told me he had lost a pocket-book; I went to Mr. Burton's, the Ship, Crinian was in the tap-room, and told me, that was the man, and I took him into a room backwards, and wanted to search him; as soon as I went into the room he sat himself down in a chair; he said he would not be searched; I got him by the collar to make him stand up; he said, he wanted to go to the necessary, and then I heard Mr. Edwards say, here is the pocket-book; upon that the prisoner gave a spring, but I did not see him throw it away; it was picked up in the room about five or six minutes after, not more. (Produces the pocket-book).

Edwards. This is my pocket-book, I know it by the name of Davis being marked inside; he was my brother-in-law, and made me a present of it about two years ago.

WILLIAM BARRETT sworn. - I am a publican, I keep the White-hart, at Poplar: On Tuesday, the 13th of November, both the prisoners came to my house about seven o'clock in the evening, and asked for a pint of slip; I made it, and they drank it; then they had another, and two or three more besides; then Henney came to the bar, and asked me to change him a two pound note, which I did, I gave him cash for it, and took my reckoning out of it besides. (Produces the two pound note).

Q. (To Edwards.) Among the papers in your pocket-book, was there such a thing as a two pound note? - A. Yes, there were three two pound notes, and three ones and a five.

Q. Do you know that note again? - A. I cannot positively say, but one of my two pound notes had a piece of paper stuck on the back as this has.

JOHN SINEY sworn. - On Tuesday, the 13th of November, between seven and eight, I saw the two prisoners; I live at the Angel, at Poplar, about a stone's throw from the White-hart; they came to my house and called for sixpenny-worth of brandy and water, which I gave them; Crinian asked me if I would be so kind as change him a two pound note; upon which I replied to him, Nicholas, have you come up in any ship lately? he answered, he had come up in the Asia Indiaman; in consequence of that, thinking they must have some little business to settle, I gave them change for the note; I received the note from Crinian, and gave the change to Henney; upon their going out, they came to me to the bar, and asked me if I could change them another note; I told them I thought I had given them sufficient change for that evening, and if they would call in the morning, and it suited me, I might give them more change, and I saw no more of them.

EDWARD ROGERS sworn. - I am a constable: On Thursday, the 15th of November, the prosecutor came to our office, and got a warrant against Henney; Crinian had been committed; I went with the prosecutor and Burton, and made some enquiry about St. James's; we found him at the corner of Bury-street, and I apprehended him; I secured him, and searched his pockets, and found a guinea in gold, half-a-crown in silver, two penny pieces, and two halfpence; we put him into a coach, and in the presence of Burton in the coach, I asked him where he had got that guinea; he repeatedly asked why I wished to know, and what I had apprehended him for; I told him I had apprehended him for a felony; he then said, I believe I understand what you have apprehended me for; I asked him what was that, and he said, it was about the pocket-book that him and Nicholas had; I then told him, if he knew any thing about the pocket-book, to tell the truth, that I would promise him no favour, but to tell the truth; he then said, that on the Tuesday night before he was at Mr. Burton's at Blackwall, Nicholas Crinian was there, that Nicholas went to the door and picked up a pocket-book; that he put the end of the pocket-book into his hand, and said, I believe I have got something here that will make us drink, or give us some beer, or something to that effect; that he and Nicholas went to Mr. Siney's, the Angel; that from thence they went to Mr. Armistead's, a slopseller, where they had changed at Siney's a two pound note, at Armistead's a five pound note, and another note at Barrett's, I do not recollect that he mentioned what sort of a note, and that they had divided the money at Barrett's; I then asked him if this guinea and half-a-crown and copper was any part of that money; he said the guinea was part of the money, but the rest was his own; I asked him what was become of the rest of the money; he said, that during the time he was at the public-house at the corner of Bury-street, he had spent two guineas, and on the night previous to his being apprehended, he went with a girl to Market-lane, St. James's-market, where he had spent a guinea and a half; he was then brought to the Public-office, and committed.

JAMES ARMISTEAD sworn. - On Tuesday evening, the 13th of November, between eight and nine in the evening, the two prisoners came to me and bought some slops; I changed them a five pound note, which I paid away the next day.

Crinian's defence. I found this book on the pavement in the street outside Mr. Burton's house, and this Patrick Henney was along with me, and I

shewed it him; and I said there might be something worth some drink in it; and then we went to Poplar, and came back to Mr. Burton's, and lodged four guineas in Mrs. Burton's hands, and the next day another guinea.

For the Prisoners.

THOMAS JAMES sworn. - I am a rigger, I worked with Edwards: On Wednesday evening, the 14th of November, he missed his pocket-book, and we looked round with a candle and lanthorn, and could not find it, and then he said he must give it up as a bad job; he said, he recollected he pulled out his pocket-book and lent five shillings to one John Henty, and he did not know any thing of it afterwards.

Q. Did he say where he pulled it out? - A. Yes; he said he was sitting upon a bench outside the door, about two feet off the door.

Q. Did he say at what time of day or night it was? - A. No; he did not.

MICHAEL CRAWFORD sworn. - I happened to be in the house of Burton, at Blackwall, I think it was the night after Edwards had dropped the pocket-book; he came into Burton's, and said, he had dropped a pocket-book, and whoever had picked it up, and would return it to him, he should return them to half the amount of the contents; upon which he said, there might be eighteen or nineteen pounds, in notes and cash; at the same time, I asked him where he thought he had lost it; he said he could not say, but he thought he must have lost it in the box where we sat, at the same time, or at the bench without the door.

PETER GOUGH sworn. - I was in Burton's house when Edwards came in, and informed us he had lost his pocket-book containing between eighteen and nineteen pounds; he said he was not certain whether he dropped it at the door, on the bench, or in the house.

DONALD CAMERON sworn. - After being done work that night I came into the house, and Edwards said he had lost a pocket-book to the amount of eighteen or nineteen pounds, and whosoever picked it up, and restored it to him, he would give them half of what was in it; he said he did not know whether he had lost it in the house or on the bench.

Q. Did the prisoners hear the reward offered? - A. Yes; Crinian was there; if he was sober enough, he could not but hear him.

Q. What night was it? - A. Wednesday night.

HUGH DUFFEY sworn. - I was in at Burton's on the Wednesday night; Edwards came in, and said he had lost his pocket-book; he did not know whether it was in the tap-room, or on the bench outside; he said he would give half the contents of the pocket-book to any body that would restore it to him.

Q. (To Edwards.) On the Tuesday night, when you lost the pocket-book, how were you dressed? - A. In a jacket and trowsers; my pocket-book was in the right-hand pocket.

Q. Could any person, standing near you, easily get at it? - A. Yes; he sat on my right-hand; I had a very large pocket in my trowsers, which being stiff with tar, he might very easily put his hand in and take it out without my knowledge.

Q. When had you last seen it? - A. A man had called me to Mr. Burton's door, and asked me to lend him a shilling or two; I put my hand into my pocket, and pulled my pocket-book out with my right-hand and put it into my left, and held it there till I put my right-hand into my pocket again, and I pulled out four half-crown pieces, and two or three shillings; I told the man there were five shillings for him, as I owed him some money; I then put my pocket-book into my right-hand pocket again.

Q. Was it not possible you might drop the pocket-book near the door? - A. No; to the best of my knowledge, I am sensible I put it in my pocket at the door.

Q. Did not you, the next day, represent it as having lost your pocket-book either at the door or the bench? - A. No, they misunderstood me; I said, the last time I had it was at the bench, outside the door.

Q. Were you perfectly sober at this time? - A. Yes. Both NOT GUILTY .

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

Reference Number: t17981205-2

2. JOHN SOMMERS was indicted for that he, on the 13th of June, in the thirteenth year of his Majesty's reign, at the parish of St. Margaret, next Rochester, in the county of Kent, was married to Ann Chandler , Spinster; and that afterwards, on the 20th of September, in the thirty-seventh year of his Majesty's reign , at the parish of St. George, Hanover-square , feloniously did marry and take to wife Phoebe Darwell , spinster, his former wife being then alive .(The case was opened by Mr. Knapp.)

THOMAS LOMAS sworn. - I live at Chatham.

Q. Do you know the prisoner at the bar? - A. Perfectly well; though I have not seen him for some years; I was present when he was married to Ann Chandler, at St. Margaret's, next Rochester.

Q. Have you seen her lately? - A. At the time the prisoner was committed, by order of the Justices, I brought her up to London.

Court. Q. Did you know him before he was married? - A. Yes; he was a sawyer in the Dock-yard, at Chatham.

THOMAS MOSS sworn. - Examined by Mr. Knapp.

I live at Chatham: I was present at the marriage between Ann Chandler and the prisoner, I knew them both before; I was father, and gave the girl away.

Q. Had she any fortune? - A. I cannot say; her father belonged to the Yard, at Chatham.

PHOEBE DARWELL sworn. - Examined by Mr. Knapp. I was married to the prisoner on the 20th of September, 1797, at St. George's Hanover-square.

Q. Have the prisoner and you lived together since? - A. He claimed the privilege of a husband over me, and I could not help living with him, but I ran away from him six times; he threatened my life several times, and I put him in prison three times.

Q. Did you bring him any fortune? - A. I had respectability, and some money, when I married him; but he has blasted my character, and he has done me every public and private injury; he has put a knife to my throat, and threatened to murder me.

Court. Q. At the time he married you, what did he pretend to be? - A. He came to me as a person having a place under government, and going to receive a large sum of money; he told me, and I believe he had, just left a place called the Mary-le-bonne Coffee-house, which he had kept, and then lived in a private lodging.

- GREVILLE sworn. - Examined by Mr. Knapp. I am parish clerk of St. George's Hanover-square: (produces the Register-book); I wrote the entry of the marriage of Phoebe Darwell with the prisoner; I witnessed it, this is my hand-writing.

Q. (To Mrs. Darwell.) Is that your hand-writing in the Register-book? - A. It is.

Court. I am very glad to observe that it is kept on parchment.

Prisoner's defence. When I was first acquainted with that woman, I kept the Mary-le-bonne Coffee-house; she did not live farther from me than it is a-cross this Court, she kept a little tobacco and snuff-shop; I told her repeatedly that I had a wife, that my wife and I had parted about sixteen years, and I did not know whether she was dead or alive; she knew I had been arrested in her apartments; she said, she was lawyer enough to know that sixteen years was long enough to wait; I told her I wished to have Counsel's opinion upon it; she said there was no occasion, for she had been a lawyer's wife, or something of that sort; she asked me to go and look at a house in Oxford-road; she did not like that, and we went about looking at different houses; and when we had got so far as the bottom of Holborn, she said we might as well go on to Doctors'-Commons; I said, for what; why, says she, for a licence; I said I have no more than one shilling and sixpence in the world; and she pulled out two guineas and gave me, and we went for the licence; she insisted upon my coming to breakfast with her the next morning, but I would not promise; when I went the next morning, she was putting on a clean pair of white stockings; I said, what, are you going out, madam; she said, why, we are going to be married to be sure; I said, I do not know any thing about it, I have got no money; says she, then I will pay for the wedding, and we were married.

For the Prisoner.

LUCY EVERSETCH sworn. - Q. Do you know Phoebe Darwell ? - A. Yes; I knew her very well when she lived in High-street, Mary-le-bonne, she kept a snuff-shop about fourteen or fifteen months ago; before she was married, I went to her, and asked for some snuff for Mr. Sommers's housekeeper at the Mary-le-bonne Coffee-house; she said, it was black rappee then, she believed; says she, do you know any thing of Mr. Sommers; I told her, yes; she asked me if he was a married man; I told her, yes, he had a wife, but he had not lived with her for fifteen or sixteen years; she said, what, is that his housekeeper that you are fetching the snuff for; I said, yes, ma'am, but that is not his wife, she has been his housekeeper eleven years; she said, she believed he was nobody's foe but his own; I told her, no, I knew him to be an honest man for years, though he had failed in business.

Cross-examined by Mr. Knapp. Q. What are you now? - A. A working woman, I go out washing and ironing.

Q. Where do you live? - A. No. 22, York-court, East-street, Mary-le-bonne.

Q. How long ago is it since you were applied to to come here? - A. Mr. Sommers desired me to come here.

Q. How long is it since you saw him? - A. When she took him up before.

Q. You have seen him, perhaps, since he has been in jail? - A. Not till since the trials have began.

Q. Not before Wednesday? - A. No.

Q. This conversation was near two years ago? - A. Yes.

Q. And you know very little of Phoebe Darwell? - A. Yes.

Q. And you, merely coming to buy snuff, she held this conversation with you? - A. Yes; because she was inquisitive about his character.

Q. You said he failed? - A. Yes.

Q. Had he failed then? - A. Yes; he had left his house; I cannot say particularly; I had lived servant with him.

Q. Having lived servant with him, tell us, if you can recollect the time, when he failed? - A. No, I cannot; I had been out harvesting with my

husband, and when I came back at the end of the summer, I had this conversation.

Q. Have you known Phoebe Darwell since? - A. Yes.

Q. You have never kept up any acquaintance with her since that time? - A. No.

Q. And I dare say this is the only time you had any Conversation with Phoebe Darwell? - A. I never spoke to her before nor since, to my knowledge.

Court Q. How often have you been to him in Newgate? - A. Twice, Yesterday and to-day.

Q. Upon your oath, have you not been more than twice in Newgate? - A. Yesterday, I went in and out two or three times, and the same to-day.

Q. Upon your oath, have you never been to him in Newgate, except Yesterday and the day before? - A. No.

Q. Had you ever seen Phoebe Darwell before that conversation? - A. Yes.

- CHAPMAN fworn. - The first time I knew she prisoner was six years ago; he has lived since at the Mary-le-bonne Coffee-house; I lived there three years, and this Phoebe Darwell lived in the neighbourhood and kept a shop, to the best of my knowledge; I cannot positively swear that I know the person.

Court. Then that won't do.

MARY BEAN sworn. - I lived as housekeeper with the prisoner eleven years, and he never had any body come to interrupt him in any shape whatever, or to make any demand of him.

Q. Where have you lived with him? - A. At the Mary-le-honne coffee-house.

Q. All the eleven years? - A. yes. (The last witness corrected her, and then she said, no).

Q. Where was it he lived, when you first came to live with him? - A. I have forgot the house.

Q. Whereabout was it? - A. I have forgot, indeed. (After hesitating some time, she said), the George, in Greek-street, Soho.

Q. What year was it in? - A. I do not know.

Q. How long did you live with him there? - A. three or four years.

Q. Where did he live then? - A. He then went to the Mary-le-bonne Coffee-house, in High-street.

Q. Then it was about the year 1790? - A. It may be foe any thing I recollect.

Q. When did you leave him? - A. About two years ago.

Q. Where did he live when you left him? - A. I believe, in lodgings.

Q. Then, during allthe time you have lived with him, he always lilved either at the George, in Greek-street,or the Mary-le-bonne Coffee-house? - A. Yes.

Cross examined by Mr. Knapp.. Q. Where do you live now? - A. In East-street, Mary-le-bonne.

Q. You have not lived for these two years with the prisoner? - A. No.

Q. Have you never been acquainted with him since? - A. I may have seen him.

Q. Upon your oath, have you not seen him in jail, between this and last Wednesday? - A. Yes.

Q. Where did you see him? - A. I came down to ask him how he did.

Q. How many times have you been in Newgate? - A. Three or four.

Q. Upon your oath, have you not been in Newgate before the session began? - A. Yes.

Q. How many times previous to that? - A. Five or six.

Q. How long has he been in custody? - A. I cannot say.

Q. How came you to go backwards and forwards five or six different times to Newgate before the sessions began? - A. To ask him how he did.

Q. Who subpoeaned you here, did you come under any subpoena? - A. No.

Q. YOu settled it with the prisoner in Newgate; he told you, you were to appear here? - A. NO, he did not.

Q. Then who told you to appear here, to become a witness for the prisoner? - A. At my own accord.

Q. Do you mean gto state now, that you did not come at the desire of the prisoner? - A. I did.

Q. How often have you seen the prisoner this morning? - A. Once.

Q. Only once, upon your oath? - A. No.

Q. Have you had any conversation with him since he has been at the bar? - A. No; I was looking up, and was checked for looking up.

Q. Upon your oath, did you not speak to him? - A. I did not.

Q. Did you know of his being married before? - A. Yes.

Q. Do you know of his being married more than once? - A. No.

Q. Upon your oath, you never heard that he was married more than once? - A. Not when I first went to live with him.

Q. Did you know that he was married more than once at any time after you lived with him? - A. No.

Q. Did you ever hear that he was married to any body else? - A. Never, till he married this lady.

Q. You never were married to him? - A. No.

Court. (To Mrs. Darwell). Q. YOu have heard what these people have said,is any of it true? - A. Hardly a syllable of it is true.

Q. YOu heard Mrs. Everfetch give her evidence? - Yes.

Q. Tell me, whether or no such a conversation took place when she came to buy some rappee snuff? - A. No such conversation ever passed.

Q. Did he tell you, at the time he paid his addresses to you, that he had a place under Government? - A. He did, and that he was going to receive a large sum of money.

Q. Have you heard what he has said, by way of defence? - A. I did; there is hardly one word of it true.

Q. He told us, when he was going for the licence, that he told you, he had but one shilling and six-pence in his pocket, and that you gave him two guineas to buy a licence - is that true? - A. No; the week that I had him, I gave him change for a 10l. note, and going down Holborn, he said, I have spent so much money, that I have searce any left, will you lend me two guineas, I will pay you to-morrow.

Q. Did he tell you, that he had but one shilling and six-pence in the world? - A. Quite the contrary; these two women that have been produced he cohabited with, they are both sisters, one of them he cohabited with eleven years.

Q. How do you know he cohabited with them? - A. He has always told me so.

Q. Before you were married? - A. No, since; he told me that he had spent a great deal of this last woman's property, that she was poor, and for the value of a few shillings, or a glass of liquor, he would bring them both to swear any thing. He solemnly swore to me, that he had been a widower sixteen years. The second day, he took an inventory of my things, and put a pen-knife to my throat.

Court. That is not material upon this trial.

GUILTY (Aged 45.)

Transported for seven years .

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

Reference Number: t17981205-3

3. MARY WAKELAND and MARY BARTON were indicted for feloniously stealing, on the 21st of November , three guineas and a half-guinea, the property of Richard Hickman , in the dwelling-house of Harry Lee .

RICHARD HICKMAN sworn. - I am a journeyman brush-maker : I was going along Fleet-street, on Wednesday, the 21st of November, about twelve at night, I was accosted by the two prisoners at the bar, they said, it was exceedingly cold, that they were almost perished, and asked me, if I would give them a drop of something to drink to warm them; I asked them first of all, why I was to give it them, they said, for nothing, only out of good nature; upon these entreaties I consented to give them something; I asked them where they would have it; they said, they would soon find a place; they led me to the Antigallican Tavern, in Shire-lane .

Q. Are you a single or a married man? - A. A single man; they went to the bar, and called for some liquor, wine, I believe it was, it came to ten-pence; after that Mary Wakeland still complained she was excessively cold indeed, and wished to go into a room where there was a fire, that she might warm herself; I said, I wished to go home, but, by their intreaties, I was prevailed upon to go into the back parlour; the prisoner then ordered more liquor into the room, how much it was I cannot tell, it came to two shillings, the waiter brought it in, and I put my hand in my pocket, and gave him three shillings, that was two-pence over for himself; the waiter asked me if I had not a few more halfpence; I told him I had not; he then said, it did not signify, and left the room; after he had left the room, Mary Wakeland sat on one side, and Mary Barton on the other, and the liquor was out, I told them it was time to go; they still pressed upon me to stop longer, and not knowing well how to get out of their company, I pulled out half-a-crown, and gave it to Mary Barton ; I said, there is half-a-crown, you may take and divide it between you, but I must go; Mary Wakeland still pressed upon me to stop longer; I told them, they had got half-a-crown to divide, and I had no more money to part with; upon that Mary Wakeland put her hand upon my thigh, and feeling about in this manner, says she, if you have got no more money, you have got a watch that will bring half-a-guinea, and make us comfortable a good while longer yet; upon that I told her I should not part with my watch upon any account whatever; upon saying that, Mary Barton laid hold of me round the neck with her hands, and pulled me towards her; in the mean time Mary Wakeland unbuttoned my small cloaths, and put her hand in my pocket and took out the three guineas and a half; I said to her, what the devil are you at, or something of that sort, and flung myself out of the arms of Mary Barton ; I got up from off the seat, and buttoned up my breeches again; I put my hand outside my pocket, and perceived my money was gone; what to do about it I did not know; I had not been long from the country; I left Birmingham rather better than four months ago, and I had heard a great deal about people being knocked on the head, and I thought I would let it be till I got out of the house, and then I would call the watchman; as soon as ever I got out of the door I called watchman, and stop thief; there was one about ten yards from the door; he said, they were not upon his beat, and he had nothing to do with it; they went down Shire-lane, and I pursued them, and there was another watchman; I desired of him the same to stop them; he said the same as the other had done, that he had no

thing to do with it; upon that they went through Temple bar into the Strand, and crossed over to the lower side; I still followed them, and called out for them to be stopped; the watchman that is here now then took possession of them; he took them down to what is called the lower watch-house, I believe, in the Strand, but the constable of the night said it was not in his jurisdiction, or territories, or something of that kind, he said it belonged to the upper watch-house; then we went up to the upper watch-house, and were taken in tere; I told the constable of the night that Mary Wakeland had got my money; he then took charge of Mary Wakeland, and dismissed the other; Mary Baton then gave charge of me for assaulting her in the street, so that I was detained there with Mary Wakeland all night; the other prisoner was dismissed; she came again the next morning,and went with Mary Wakeland up to Bow-street, then Sir William Addington ordered them both into custody.

Q. It was late in the evening, where had you been? - A. At the White-lion, in Foster-lane; I had been drinking very little.

Q. Were you perfectly sober? - A. So as to know every thing that I did; I do not believe I had drank more than two pints, I was quite sober.

Q. You drank some with them? - A. There was a glass of wine a piece at the bar.

Q. Were not these women searched? - A. No, no further than the constable of the night took their two muffs.

Q. Did you ever see your money again? - A. NO, I did not.

Q. You say wakeland took three guineas and a half; did you see it in her hand? - A. No.

Q. When had you last seen your three guineas and a half? - A. At the White-lion, in Foster-lane; I put it in my breeches pocket then, and did not see it afterwards; I missed it in the room when I found her hand in my pocket.

Q. Do you know whose house this is? - A. I cannot say, I never was in the house before nor since.

SAMUEL HATHAWAY sworn. - I am a watchman: About half past one in the morning I apprehended the prisoners at the request of the prosecutor, on the other side of Temple-bar; I took them to the watch-house; he told them that they had robbed him of three guineas and a half; when he was at thewatch-house, He said, that the youngest of the two took him round the neck while the other unbuttoned his breeches, and robbed him of three guineas and a half.

Q. I suppose you or the constable of the night searched them? - A. No, only their muffs.

Wakeland's defence. My acquaintance here had just come out of the Middlesex Hospital; it was a very cold night, and we asked him to give us something to drink; he said he would give us a glass of wine, but he had but 4s. 6d in the world; he paid for a pint of wine, and then he gave my friend half-a-crown; she had been out of the hospital but five days, and was not in a condition to oblige a gentleman.

Barton's defence. He gave me half-a-crown, that is all I ever saw of his money.

The prisoner Barton called two witnesses, one of them calling herself a mantua-maker, the other a laundress in the Temple, who deposed that she got her livelibood by honest industry, but admitted that they had heard she was a girl of the town, upon which they received a severe reprimand from the Court.

Both NOT GUILTY .

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

Reference Number: t17981205-4

4. MARY GORING was indicted for feloniously stealing on the 9th of November , four muslin neck handkerchiefs, value 3s. two muslin pocket handkerchiefs, value 12d. a cotton petticoat, value 38.and a wooden pen case, value 4d. the property of Jacob Cassivilan Fancourt , Esq.

Mrs. OLIVIA FANCOURT sworn. - I lodge at Mr. Hayman's; I was present when the things were found in the prisoner's box; they are in the custody of one of the officers.

CHARLES HEAD sworn. - I am lanthorn bearer and beadle's assistant in St. james's watch-house,(Produces some handkerchiefs, a pillow-case, and a petticoat); they were delivered to me when the prisoner was taken into custody.

Mrs. Fancourt. These are my property, I have wore them repeatedly, I have got others at home like them.

JAMES KENNEDY sworn. - I am a constable.(Produces a pen-case.)

Q. (To Mrs. Fancourt.) What is your husband's name? - A. Jacob Cassivilan Fancourt; this pen-case in mine; the things were all found in a box of the prisoner's, she was my servant.

Kennedy. I searched the box a second time, and found this pen-case in it.

Mr. Knapp.(To Mrs. Fancourt.) Q. These things that are produced, you say are like several that you have? - A. Yes.

Q. Therefore you do not mean absolutely to swear to their being your property, but that they are like your's? - A. I mean to swear that they are mine.

Q. A great many others of the same quality come from India? - A. Yes; they were made under my inspection.

Q. What is there about this pen-case that makes you suppose it to be your's? - A. I bought it at Madras, and I never saw any like it besides.

Q. You have a black servant, I believe? - A. Yes.

Q. Is she here? - A. No.

Q. She was employed by the prisoner to wash? - A. Yes, she was.

Q. In what capacity was the prisoner? - A. As my cook, and to wash my morning gowns.

Q. Whether that black girl might give her these things to wash without your knowledge, you cannot say? - A. I cannot swear that, but I should think it impossible.

- HAYMAN sworn. - I live in Golden-square, Mrs. Fancourt lodges at my house, I was present at the opening of the prisoner's box, when these things were found.

Q. Was that box under lock and key of the prisoner? - A. Yes, I saw her open it.

Q. Had she been, previous to that, charged with taking any property of Mrs. Fancourt's? - A. No. On the 9th of November my servant complained that she had lost several articles of her own wearing-apparel, and upon hearing that, with Mrs. Fancourt's leave, I called all the servants together, and the prisoner's box was the first thing that was opened, and upon its being opened, Mrs. Fancourt found these things belonging to her; the watchman was called in, and we gave charge of her, with the property, to the watchman; some of my servant's things were found in the room, but not in the box.

Cross-examined by Mr. Knapp. Q. There were other persons in the house who had access to that room besides her? - A. I understood it always to be kept locked.

Q. It was not till after you had challenged all the servants in the house, that you went up and found these things in the box? - A. No, it was not.

Q. The prisoner was acquainted that her box was to be searched? - A. Yes, with the other servants.

Q. And she then gave you the key, and opened the box? - A. She hesitated very much before she did it.

Q. Did she not at that time say, that she had received them from the black girl? - A. She did not acknowledge to have received all of them from the black girl; the petticoat was the first thing taken out; she said she had that from the black girl to wash; with respect to the handkerchiefs, she said they were things not fit to be looked at, implying that they were foul linen, but they were not.

ISAAC THOMPSON sworn. - I am a watchman; I was called in to Mr. Hayman's, in Golden-square, to take charge of the prisoner and the property, which I did, Mr. Hayman went with us to the watch-house.

Prisoner's defence. That pen-case my mistress gave me, and the other things I had to wash, but had not had time.

The prisoner called two gentlemen, with whom she had lived servant, and who gave her an excellent character.

Q. (To Mrs. Fancourt.) Did you ever give the prisoner that pen-case? - A. No.

Jury. Q. Is there any particular reason why the black girl was not produced? - A. None upon earth, she cannot speak English.

NOT GUILTY .

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

Reference Number: t17981205-5

5. THOMAS BECLIFF was indicted for feloniously stealing on the 28th of November thirty pounds of iron, value 2s. 6d. the property of Isaac Colnett , Esq.

ISAAC COLNETT, Esq. sworn. - I am a tiresmith , I know nothing of the loss.

SAMUEL PHILLIPS sworn. - I deal in broken glass and iron, No. 14, Petticoat-lane, opposite the India warehouses: Last Wednesday was a week I went to Mr. Nowlan, at the Police-office, and gave him some information, and in consequence of that Nowlan and I went and watched at Mr. Colnett's, No. 101, Whitechapel High-street, and between five and six o'clock I saw the prisoner come out with some iron upon his shoulder; I went up to him, and asked him what he had there; he threw it down, and I laid hold of him by the shoulder till Nowlan came up and laid hold of him.

Q. Where was it that you laid hold of him? - A. As soon as he had come out of the passage leading to Mr. Colnett's premises; there is a door to the passage, and he came out at that door.

Mr. Colnett. The prisoner is a workman of mine.

JOHN NOWLAN sworn. I am an officer belonging to Lambeth-street: On Wednesday, the 28th of November, I watched with Griffiths and the last witness about half past five o'clock near Mr. Colnett's premises; I and Griffiths were in a public-house; I saw Philips lay hold of the prisoner, I did not see where he came from, he had some bars of iron upon his shoulder; he resisted a good deal, and we took him and the bars of iron to the office; the iron is here.

THOMAS GRIFFITHS sworn. - I am a constable belonging to Lambeth-street: On Wednesday, the 28th of November, I went with Nowlan to the Tewkesbury-church, near Mr. Colnett's premises, to watch; I saw the prisoner stopped by Philips,

I did not see him come out of the passage, he had some bars of iron upon his shoulder, and upon being stopped, he put down the iron; I took him into custody, and took him to the office. (The iron produced).

Mr. Colnett. I cannot swear to the iron.

Prisoner's defence. On the 28th of March, I was coming from my work, just before I got out, Thomas Allen, the head fireman, and another man, gave me three pieces of iron, and told me to take them outside the gate a little way, and he would take them of me, I did not know what he meant; and then I was laid hold of; the other two men ran away.

Q. (To Phillips.) Did you see any body running away? - A. No, I did not see any other man but the prisoner.

NOT GUILTY .

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

Reference Number: t17981205-6

6. WILLIAM WRIGHT was indicted for feloniously stealing, on the 21st of November , a silver watch, value 20s. a silver chain, value 3s. a silver seal, value 12d. and a silver watch-key, value 6d. the property of William Parker .

WILLIAM PARKER sworn. I am a journeyman saddle-tree-riveter : On Wednesday the 21st of November, I was in a public-house drinking, the Welch-harp, in Long-alley ; some person in the house asked me what it was o'clock, that, I think, was about half past one in the day time; I pulled out my watch, and the prisoner asked me to let him look at it, I held it in my hand, and he took hold of the chain, and kept persevering in holding the chain; he said, d-n it let us have it, I am not going to run away; upon that, he drew it out of my hand and put it into his breeches; in a few minutes afterwards I asked him for it again, he said I should have it in a few minutes.

Q. Did you consent to his taking it, or did you not? - A. No, I did not; some person that was in the house was speaking to me, and he took that opportunity to go away with the watch; I did not see him again till the Friday about half past two o'clock, I got intelligence of him then at Worship-street office; I took an officer with me, and found him in his room in Cake-street, Spitalfields; the officer went into the room, and I followed him, and said, that is the man that had my watch; he denied having it several times, and then he said he would give it me again; I said, I would not stand any nonsense, that is the man that took my watch, I give you charge of him; and after the officer had examined him a little while, he took the duplicate of the watch out of his jacket pocket upon the bed, he had pledged it for twenty-five shillings; then he asked me, if I would be content with having my watch again, he said, he would get it for me; I told him, I would have no more to do with-it, justice should take place. The watch was produced at Worship-street, by the pawnbroker. (Produces the duplicate).

Cross-examined by Mr. Alley. Q. You have not got your watch again, but if you convict this man, you expect to have it again? - A. I hope so.

Q. This public-house was in the city of London, I believe? - A. No, it is not; part of Long-alley is, but this part is not.

Q. That was half past one o'clock in the day -I take it for granted, you were perfectly sober? - A. I had had some liquor, but not so much, as not to know what I was about.

Q. You had known the prisoner before? - A. Yes.

Q. He had been drinking with you in the public-house? - A. Yes.

Q. You had changed your lodgings after you left the public-house? - A. Yes.

Q. Therefore, if a person had borrowed any thing of you, they would not know where to find you, to return it? - A. No.

Q. He said, he would like to look at it, he did not take it by force from you? - A. Yes, he did.

Q. Do you mean to say, you struggled to keep it? - A. No; I should have broke the chain.

Q. Upon your oath, did not the prisoner ask you to lend him a little money, when you were about half seas over, and you said, you had none, but you would let him have your watch to raise some, if he would pay you again? - A. No such thing.

Q. How many people were there? - A. I cannot say.

Q. During the time the prisoner was in the public-house, and during the time he was looking at the watch, did you say to any body, this man is taking my watch from me against my consent? - A. I do not know that I did.

Q. There being a number of people there, you might have prevented his taking it, if you pleased? - A. I suppose I might.

Q. Upon the oath you have taken, did you not lend the man your watch, to get a little money to pay the reckoning with? - A. No, I did not.

JOHN WRAY sworn. - I am an officer belonging to Worship-street office: The prosecutor applied to me, on Friday, the 23d of November, to apprehend the prisoner; we found him in his apartments in Cake-court, Cake-street, Spital-fields; I went up stairs, his wife was in his room; the prosecutor said that was the young man that had his watch; I asked him what he had done with the man's watch, he said, he never saw it, nor ever had it; I asked him what he had done with the duplicate, if he had

made away with it; he said, he knew nothing at all about it, and he then turned to where the soldier's jacket lay on the bed, and he gave me the duplicate, and I gave it to the prosecutor.

Cross-examined by Mr. Alley. Q. You went to apprehend him as a selon, and seeing you he denied it? - A. Yes.(The pawnbroker's servant produced the watch, and deposed, that he took it in of the prisoner on Wednesday, the 21st of November in the evening; that the prisoner said it was his own property. The watch was deposed to by the prosecutor.)

Prisoner's defence. I did not intend to defraud him of it; I was going upon duty the next day, and pledged it for fear I should lose it.

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

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17981205-7

7. JOHN BOTT , otherwise POTT , was indicted for feloniously stealing on the 24th of November a silver tea-caddie, value 2l. 12s. 6d. a silver cream-pail and ladle, value 15s. six silver desert spoons, value 36s. a silver wine-strainer, value 16s. a silver castor top, value 1s. a silver argyle, value 1l. 3s. one other silver desert spoon, value 6s. three silver table spoons, value 35s. and a regimental coat, with gold epaulette, value 10l. the property of Edward Hewgill , Esq. in his dwelling-house .(The case was opened by Mr. Const.)

Col. HEWGILL sworn. - Examined by Mr. Const. The prisoner lived with me as butler near six months, I had an exceeding good written character with him from the Bishop of Liandaff. Last Sunday se'nnight I missed five spoons out of the knife-cases, which I supposed he had neglected to clean; I asked him for these spoons just before dinner; I went into the dining-room, and still found that the spoons were not there; I then told him to bring up the silver argyle, and put some hot water into it; he told me had broke the handle of this argyle in cleaning it; I told him to bring it up as it was; he then told me that he had taken it to a silversmith to be mended; I asked him if he had taken it to Mr. Wirgman, who is my silversmith, and he said, no, he had taken them to a silversmith in Bond-street; I asked him the name of that silversmith in Bond street; he told me he did not recollect his name, but it was on the left hand side of the way; thinking this rather a mysterious kind of answer, I told him to bring up the spoons; he went out of the room, and shortly after returned, telling me that he had lent them for a pattern; this convinced me in my own mind that he had made away with these things; I then sent for another servant, and gave him a note to take to the Public-office, in Bow-street; my servant shortly after returned with two officers of the name of Carpmeal and Dowsett.

Cross-examined by Mr. Gurney. Q. The prisoner lived with you some years ago, before he went to live with the Bishop of Landaff? - A. He did.

Q. How long did he live with you then? - A. I think three or four years, it might be more.

Q. I believe he is not an Englishman, he is a German? - A. He is.

Q. I need not ask you whether he had not, up to this time, managed every thing to your satisfaction? - A. Yes, he was always a very good servant.

Q. I believe, from a very foolish bashfulness, he did not ask you for his wages? - A. No.

Q. They amounted up to this time, I believe, to 21l.? - A. Yes, 21l. 1s. 1d.; his wages were fifteen guineas, and money that he had laid out made that sum.

Q. Would not that sum, if he had received it, have taken all these things out of pawn, and left several pounds in his pocket? - A. It would.

Q. These spoons that you first missed, ought to have been in the knife-case in the dining-room? - A. Yes.

Q. Of course when you were at home, it was impossible for them to have been long absent without your observation? - A. I should think not, but I had been absent ten weeks from town, and the prisoner with me.

Q. What was the distance of time between your first speaking to the prisoner about this argyle, and the officers arriving? - A. It might be about an hour.

Q. You had dined in the interval? - A. Yes.

Q. The prisoner had not left your house? - A. No, he had not.

Mr. Const. Q. When had you spoke to him about the spoons? - A. Three or four days before.

Q. Has he received his wages? -

Mr. Gurney. Oh, certainly; I did not mean to impute any thing of the kind to Col. Hewgill.

Mr. Alley. He received them as soon as he was taken into custody.

THOMAS DOWSETT sworn. - Examined by Mr. const. - Upon receiving a summons, I went to Col. Hewgill 's house, in company with Carpmeal, and apprehended the prisoner, I begged of the Colonel to call the butler up into the back parlour; as soon as he came up, he enquired again after the spoons; he said, he had lent them for a pattern; the argyle, he said, he had taken to a silversmith's in Bond-street to be mended; he told the Colonel he would satisfy him about the spoons in the morn

ing; he said, he could not get them that night; I then asked him for the keys of his trunks or boxes; he rather declined giving them me at first; I told him it was of very little consequence, and then he delivered up the keys of a bureau that stood in his pantry; upon searching them I found two tickets, one was of a regimental coat and epaulette, and the other of spoons; I told him I had no doubt there were more tickets, and he had better give them all up; he said, they were all together in the bureau, that they were amongst some papers that we had overlooked; we then found the remainder of the tickets, (produces them;) the next morning, as he was coming from the watch-house, he gave me another ticket out of his pocket, saying, here is one, you may as well take them altogether.

Q. How many tickets were there in all? - A. Sixteen.(The property was produced by the different pawnbrokers, who deposed, that it was pledged by the prisoner.)

Col. Howgill. These are all my property; the lace of the regimental coat cost nine guineas.

The prisoner left his defence to his Counsel.

Mr. Gurney. We have some witnesses to this man's character.

Court. It cannot be necessary to call witnesses to his character; if you called a whole parish, it would be impossible to carry it further than Col. Hewgill has done.

GUILTY Death . (Aged 34.)

Col. Hewgill addressed the Court in a short but pathetic speech, stating, that he had felt it his duty to the public to bring the prisoner to justice; that painful duty being now discharged, he begged leave to recommend him to his Majesty's mercy, on account of the good character he had maintained, in which recommendation he was joined by the Gentlemen of the Jury.

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

Reference Number: t17981205-8

8. MARY GROUT was indicted, for that she, on the 3d of November , 386 pieces of false and counterfeit copper money, to the likeness of a good halfpenny, the same not being cut in pieces, did pay and put off to one Abraham Samuels , at a lower rate than the same by their denomination did import and were counterfeited for, that is to say, for seven shillings, against the form of the statute .(The indictment was stated by Mr. Ward, and the case by Mr. Raine.)

ABRAHAM SAMUELS sworn. - Examined by Mr. Ward. - On Saturday, the 3d of November, I went to the prisoner's house, in Church-street, St. Giles's, with the two Griffiths's, Nowlan, and Coombe; before I went into the house, Thomas Griffiths searched me, to see if I had any halfpence about me; he then gave me two half-crown pieces and two shillings, which John Griffiths had marked before I had them; I went into the prisoner's shop, she keeps a chandler's shop, she was in the back room; I went into the room to her, and asked her if she would sell me any halfpence; she made answer, yes; I then came into the shop again, and she told Mr. Davis, who was her servant, to bring some into the back room to her, which he did, and after he had brought them, she told them out by six penny-worths with him; after she had told one guinea's-worth out, I told her I did not want any more at present; I then gave her the two half-crown pieces and two shillings that Griffiths had given me, I had made the bargain for them before; she gave Davis the money, and desired him to put it in the till; the halfpence were taken out of a firkin, and she told me I might have all that were in the firkin if I pleased, there were a great many more in it.

Q. Did you appear pleased with your bargain? - A. Yes; then the officers came in; I had the halfpence in my coat pocket, and they laid hold of me and Mr. Davis, and took the halfpence out of my pocket, and the silver from Davis's hand; they then went into the back room, where the prisoner at the bar was, and there they found the rest of the halfpence in the butter firkin; Davis said, the prisoner had given him orders to sell bad halfpence, three for one, and she acknowledged that she had sold me a guinea's worth, three for one.

Cross-examined by Mr. Knowlys. Q. What business are you? - A. A collector of metals.

Q. Is it part of the business of a collector of metals to go about the streets with this cry, "any bad shillings?" - A. No, it is not, I don't know what you talk of.

Q. Do you mean to swear that you do not believe such a practice exists? - A. There is crying of them, I know, but I don't do it.

Q. Perhaps you were accused falsely of it, when you were taken up for it? - A. I never was taken up for it.

Q. Were you never taken up on any account? - A. No, never.

Q. Were you never called before a Justice of the Peace? - A. I have been called by warrants for an assault, or any thing of that kind; I had a warrant once for striking a woman.

Q. And only that once? - A. No.

Q. Then how came you to say warrants? - A. I did not mean more than one.

Q. The prisoner was ill in bed, was she not? - A. I don't know that she was ill, she was sitting up in bed with her cloaths on.

Q. What time of the day was it? - A. I suppose eleven or twelve o'clock in the day.

Q. And yet you don't know that the woman was ill? - A. No, I had been to her house every day for a fortnight or three weeks together.

Q. And she was always in bed at eleven or twelve o'clock? - A. No, only that day.

Q. Don't you know that she has been ill ever since? - A. I make no doubt of that.

Q. How long before this was it that you gave your information? - A. On the Thursday, this was the Saturday.

Q. This shop was a chandler's shop? - A. Yes.

Q. A shop in which it is extremely likely to take a great quantity of bad halfpence? - A. I don't say any thing against that, but I know she buys them the same as I did.

Q. Do you mean to say, and I wish to have your answer taken down, that you never were committed by any Magistrate as a vagrant? - A. I never was.

Q. Upon your oath, did you not tell Davis, that as they must have taken a great number of bad halfpence, you knew a person, who, for half-a-guinea, would give them cloth at the fair value, as halfpenny for halfpenny? - A. I never mentioned such a word, upon my oath.

Q. Did you not desire to be entrusted with a sample of them, and leave seven shillings as a security? - A. No.

Q. Upon your oath, how many halfpence did you receive for this seven shillings? - A. A guinea's-worth.

Q. Were there not 386 halfpence? - A. They were counted out, and there was a guinea's-worth.

Q. Upon your oath, were there not above 300? - A. I cannot say what number in tail, there was a guinea's-worth.

Q. Will you swear there were not more than 300? - I know there were three for one.

Q. The money was found upon Davis? - A. Yes.

Q. Do you not know that Davis was living with her as her husband, and was as much master of the house as her? - A. No, I do not, I always thought he was her servant.

Q. How came you to be so pleased with your bargain? - A. I thought it was right to go to Lambeth-street, for the good of the public, that every body should have their eyes open.

Q. And you collect metals for the good of the public? - A. I collect iron, pewter, brass, and all kinds of things.

Q. For the good of the public? - A. I do this for the good of the public.

Q. Do you mean to swear, that the reason why you were pleased with your bargain was, because it was for the good of the public? - A. I did it so the good of the public.

Q. And that was the reason why you were pleased? - A. I was pleased because I had got myself clear through it.

Q. You are a Jew, I believe? - A. I am not an Englishman.

Q. Are you a Jew, or not? - A. My mother is a Jewess, but I don't know what my father is.

Q. What religion are you of? - A. I am a Jew.

Q. Is it not one of the tenets of your religion, that it is a crime to touch money on the sabbath? - A. No.

Q. Are you not so taught by your priests? - A. No, it is only a parcel of fools that say so; I will touch money at any time.

Mr. Ward. I believe it is the custom of a great number of Jews to be sworn with their hats on, and some without, so as they are under cover? - A. Yes, I am under cover now.

Q. And some Jews are so strict, that they will not handle money on the sabbath day, and others will? - A. Yes.

JOHN GRIFFITHS sworn. - Examined by Mr. Raine. - I am an officer belonging to Lambeth-street: On the 3d of November I went with the last witness to the prisoner's house, in Church-street, St. Gile's; before we went, I searched the Jew, and took all the halfpence he had from him; I gave him change for a seven shilling piece, two half-crowns, and two shillings; I marked each of them with the letter E; the Jew went in first, while we were at a public-house close by; after a little time we went to Mrs. Grout's, I saw a man behind the counter, I went round the counter, and caught hold of him, that was Davis, a man that is since dead; he had some money in his hand, which I took from him, and found it to be the money that I had marked and given to Samuels; I then searched, and under the counter there stood a butter firkin, and in it I found these halfpence,(producing a great quantity in a sack); I saw the prisoner at the bar sitting in bed in the parlour; but I don't know what passed there, I was busy behind the counter, (produces the silver); I have had it ever since.

Cross-examined by Mr. Knapp. Q. The only person you saw in the shop was Davis? - A. Yes.

Q. And all the money you found was upon Davis? - A. Yes.

Q. And the money in the firkin was behind the counter where he was? - A. Yes.

Q. The prisoner was ill, I believe? - A. Yes, she complained of being ill, but she was a great deal worse afterwards.

Q. The Jew, and any body else who saw her, must see that she was ill? - A. Yes.

Q. Among those halfpence are a variety of coins, Irish, and all sorts? - A. I believe there are.

Q. A chandler's shop is a shop very likely to take bad halfpence? - A. Yes.

Q. And there had been a recent stop put to the circulation of bad halfpence? - A. There had, it had been very much checked, and so has the making of them.

THOMAS GRIFFITHS sworn. - Examined by Mr. Ward. On saturday, the 3d of November, I went with Samuels and my brother, and two other officers, to the house of the prisoner, in Church-street, St. Giles's; we went to a public-house, and waited there about half an hour, then we went to the house of the prisoner, Samuels had gone first; as soon as I went into the shop, I laid hold of Samuels, the Jew, I searched him, and in his coat pocket I found these halfpence, (producing them); there were 503 pieces of copper coin, amongst which we picked out 386 pieces of coin called halfpence, and 117 other pieces, not halfpence; I then went into the back room, and saw Mrs. Grout sitting up in bed; Nowlan and I desired her to get up and dress herself; I searched that room, but found no money there; I asked the prisoner whether Davis was her servant, or not; she said, he was a person that assisted her in the shop while she was ill; I saw the halfpence taken out of the firkin; they correspond exactly with the halfpence that were found upon Samuels.

Q. Are they counterfeits? -

Mr. Knowlys. No doubt of it, we admit it.

Cross-examined by Mr. Knowlys. Q. Do you know any persons in life more exposed to take bad halfpence, than those who keep chandler's shops? - A. No.

Q. And you could not well select a more likely neighbourhood for that purpose than St. Giles's? - A. No.

Q. Where the prisoner was, you found no halfpence? - A. No.

Q. Those that you did find were in the shop, where halfpence are received in trade? - A. Yes.

Q. Could any man living, who saw that poor woman in bed, doubt that she was ill? - A. Certainly not.

Q. Did you hear what the Jew said? - A. I did.

Q. And you think, that no man living could see her, without knowing she was ill? - A. Certainly not, but she was much worse afterwards when she was taken from the office.

Q. These halfpence had certainly been in circulation? - A. They had.

Q. You attend at the Whitechapel-office? - A. Yes.

Q. I can only ask as to your office, whether this Jew has ever been called in question there? - A. I don't know whether he has or not.

JOHN NOWLAN sworn. - Examined by Mr. Raine. I am an officer; I went with Griffiths into the back room where the prisoner was searched; I asked who that man was that was behind the counter; she said, he was not her husband, neither did he sleep with her, but was a man that assisted her while she was ill; I asked her how she came by such a quantity of bad halfpence; she said, she took them in the course of her business; I asked her how she came to sell them three for one, and if she had ever seen the Jew before; she said, he had been in her shop several times before, and she had dealt with him, but I did not ask her in what.

Q. What was the weight of the halfpence found in the firkin? - A. About three quarters of a hundred weight.

Cross-examined by Mr. Knapp. Q. You agree with your brother officers as to the woman's health? - A. Yes.

Q. The prisoner keeps a chandler's shop? - A. yes.

Q. A shop of all others the most exposed to take bad halfpence? - A. It is a very low-life neighbourhood certainly, and she said she had a right to dispose of them as well as she could.

Prisoner's defence. On the Friday the Jew came to me, and asked me if I had any old metals; I told him I had not; then he said, had not I got some bad halfpence; I said, yes, the worse luck; then he said, he had a friend in Whitechapel that for the value of half-a-guinea would let me have goods, and take them at the full value, and the next day, when the officers came, I never spoke to him at all; I had been very ill all night, and I was waked by the officers searching a poor woman that was a servant of mine.

THOMAS STANTON sworn. - Examined by Mr. Knowlys. I am a cheesemonger, in Drury-lane; I have known the prisoner eight years; she bears a very good character for honesty.

Q. Was it likely that she should have taken in the way of her trade as many bad halfpence as you see there? - A. Yes; I have as many myself now by me.

- LINDORES sworn. - I am a baker, in Little Mary-le-bonne-street; I have known the prisoner eleven years.

Q. Do you know if Davis was a person much in her confidence? - A. I believe very much; I understood they were married.

Q. Do you know of any proposal he made to marry her? - A. Yes.

Cross-examined by Mr. Ward. Q. What was Davis? - A. He had formerly been in the chandlery line, and failed; he then got into the Bench, was liberated and went to live with Mrs. Grout. It was flying report that they were married; I am sensible they were called in church.

Q. How do you know that? - A. Because she told me so herself.

Q. You give her a good character for honesty? - A. Yes.

Q. Do you take it to be the conduct of an honest trades-person to sell bad halfpence three for one? - A. I must think it was not an honest thing; I do not think the woman understood the law.

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

NOT GUILTY .

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

Reference Number: t17981205-9

9. MARY GARNER was indicted for feloniously stealing, on the 11th of November , two hundred and thirty-six halfpence, value 9s. 10d. and eight farthings, value 2d. the property of Peter Forbes .

PETER FORBES sworn. - Between the 5th and 11th of November, I lost ten shillingsworth of halfpence at two different times, out of my bedroom, the prisoner was my servant ; I found them upon the table in her room, covered over with her clothes, she had been cleaning herself; there were two five-shilling papers, one was tied up, and the other was untied; I charged the prisoner with it, and she did not deny it.

Q. Did you say you would forgive her, or any thing of that sort? - A. No.

JOHN TYRRELL sworn. - A. I am a constable: I was sent for to take the prisoner into custody; she owned to taking of two papers. (Produces them.)

Prosecutor. I can speak to the papers that the halfpence are in, but not to the halfpence, they are mine.

Prisoner's defence. I do not know any thing about the halfpence, I did not put them there.

Prosecutor. I believe it is the first offence she has ever been guilty of, I had a very good character with her.

GUILTY (Aged 16.)

Privately whipped , and discharged.

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

Reference Number: t17981205-10

10. GEORGE FLEMING was indicted for feloniously stealing, on the 20th of October , a Bill of Exchange, for the payment of money, value 20l. 14s. 2d. the said Bill being the property of Sir Richard Carr Glyn , Knight , Charles Mills , Thomas Hallifax , and Henry Parry .(The case was opened by Mr. Knapp.)

THOMAS HALLIFAX sworn. - Examined by Mr. Knapp. Q. You are a partner in the house of Glyn and Company , the present Lord-Mayor ? - A. Yes; Sir Richard Carr Glyn, Charles Mills, Henry Parry , and myself.

Q. Do you know of your house being possessed of a Lancaster bill, of the 3d of August? - A. As near as I can recollect, the 23d of October, this bill was to be sent to Messrs. Cox and Merles.

Q. Had you seen the bill in your house? - A. I cannot say whether I had or not.

Q. Then all the information you derive is from your books? - A. Yes.

Q. Were you present at the time of the apprehension of the prisoner at the bar? - A. I was; he called me to him, and begged me to speak to Mr. Merle in his favour.

Court. Q. Where was that? - A. At the house of Cox and Merle; I went there in consequence of a note I received from them, I do not exactly recollect the answer that I made to him, but it was not such as to induce him to suppose I would.

Q. Had you any conversation with him about the bill? - A. He was called into the room, and asked some questions about the hand-writing of the different clerks.

Q. Was there any material conversation before you got to the Magistrate? - A. No; the prisoner at the bar was taken before the late Lord-Mayor.

Q. Was what he said there taken down in writing? - A. I believe not; I cannot say whether it was or not.

WILLIAM NEWMAN sworn. - Examined by Mr. Knapp. Q. You are clerk to the Lord-Mayor? - A. I am.

Q. Do you remember the prisoner being brought before the late Lord-Mayor? - Q. I do.

Q. Was there any examination of the prisoner taken down, by you, in writing? - A. There was not.

Q. If there had, of course you would have returned it? - A. It would have been returned.

Mr. Knowlys. (To Mr. Hallifax.)Q. I don't ask whether you had given the prisoner any promise of favour? - A. None.

Q. Do you not know that his master, Mr. Merle, had, before he got to the Mansion-house? - A. I do not know.

Mr. Knapp. Q. You will be so good as inform the Court what passed, between you and the prisoner, at the Mansion-house? - A. After he had been charged, the late Lord-Mayor said, well, young man, what have you got to say to this; he said, he had taken the bill out of Messrs. Cox and Merle's acceptance-box.

Q. Before he said this, what was the charge against him? - A. For stealing the bill in question.

Q. Do you recollect any thing else that he said? - A. No, I do not.

Cross-examined by Mr. Knowlys. Q. Before he went to the Lord-Mayor he was detained at Messrs. Cox and Merle's? - A. Yes.

Q. And he went directly from Messrs. Cox and Merle's to the Lord-Mayor? - A. No; he was not before the Magistrate that same day.

Q. He was taken into custody at Messrs. Cox and Merle's? - A. Yes.

Q. There had been some conversation between Mr. Merle and him? - A. Yes; and Mr. Merle came into the room in tears, and said, the rascal had confessed it.

Q. The prisoner was not then by? - A. No.

ANDREW TIDEMAN sworn. - Examined by Mr. Knapp. On Saturday the 27th of October, I was sent for by Messrs. Cox and Merle; I went there, and after I had been there a quarter of an hour, the prisoner was introduced into the parlour, I did not know that he was charged with the robbery; when the prisoner had been in about three minutes, Mr. Merle came in, and said nothing; but presently Mr. Hallifax came in, and gave charge of the prisoner for robbing him of a Bank bill; I then searched him, but found nothing, except a few trifles, and a little cash that he had in his pocket; I then asked him where he lodged; and he told me at No. 15, Princes-street, Barbican; I then asked him in what manner I could get admittance to his apartments; and he told me then where the key of his room was to be found, and likewise, when I had got into his room, where I might find the key of his drawers; I left him in charge of the Wardbeadle while I went to his lodgings, No. 6, Princes-street, and I found the key according to his directions, hanging up under a boot-jack; and in the first drawer I opened, in a single chest of drawers, I found this pocket-book, containing two 20l. Bank-notes, one of 1l and a seven-shilling-piece, and likewise a foreign Bank-bill for 35l. upon Masterman's house, of which I took possession, in the presence of Mr. Hallifax, and another gentleman; and in a book, when I lifted up the corner, I found three guineas and a half, and eight penny-pieces; I produced them before the Lord-Mayor, I received them again, after he was committed, from Mr. Newman, the clerk of the Lord-Mayor; this bill,(producing it), was delivered to me by Mr. Newman, the Lord-Mayor's clerk.(The bill in question).

Q. This was not found in the pocket-book? - A. No; I heard the prisoner say, when I had the charge of him first, that he was very sorry for what he had done, and he hoped Mr. Merle would shew him mercy; there was one of the clerks charged with the theft, and Mr. Merle said, if he had then stepped forward at the time that the other clerk was charged with it, and said he was guilty, he would have done something for him.

Q. And that passed without any thing said by Mr. Merle to induce him to confess? - A. Yes.

Q. Were you present at the first examination? - A. Yes.

Q. Did he say any thing at that examination? - A. No; he was all the while crying, we could hardly get a word out of him.

Cross-examined by Mr. Knowlys. Q. You were sent for to Mr. Merle's house? - A. Yes.

Q. Did he not tell you that, at his lodgings, you would find a pocket-book, and you would find some Bank-notes there? - A. He told me where the key was.

Q. (To Newman.) Where did you get this bill from? - A. I received it from Mr. Merle.

WILLIAM MERLE sworn. - Examined by Mr. Knapp. I am in partnership with Mr. Cox.

Q. Look at that bill, and tell me if you know it? - A. Yes, I do.

Q. Did you deliver that bill to Mr. Newman, at the Mansion-house? - A. I do not think I did, I believe it was Mr. Hallifax.

Q. But it was delivered in your presence? - A. I believe it might.

Q. You know the prisoner at the bar? - A. Yes; he was a clerk in our house to take care of bills for acceptance, and numbering bills for acceptance; this bill has the acceptance of Mr. Cox upon it.

Q. And therefore must have been in your house? - A. Of course.

Q. I would ask you whether you had any conversation with the prisoner at the bar relative to this bill, and when? - A. I do not know exactly when, but it was on a Saturday that he was taken into custody; I had another clerk in custody at that time.

Cross-examined by Mr. Knowlys. Q. This young man had been entrusted with some hundreds of pounds property of your's? - A. Yes, millions.

Q. When this charge was made against him, did you not tell him you would do all you could to shew him favour? - A. I did; I had another clerk in custody, and there has been a person that said they thought they would know him, and they had fixed upon him, and he seemed, during the whole time of his being in custody, without fear, and appeared with perfect innocence; and it being a matter of importance to me to know who the man was, as they had such opportunities of taking property to a very large amount, I took him into the accompting-house, and told him, if he would confess whether he was the man or not, I would shew him all the favour I possibly could.

Q. That was before he was taken into custody? - A. Yes.

Q. Do you not believe, that in consequence of expecting favour from you, he ingenuously confessed it? - A. It gave me a great satisfaction upon this confession, when he assured me that he had never injured me but in this particular; he had

thirty thousand pounds of property out with him that day; I had lent him ninety pounds that very morning to pay for furniture; he might have put his hand into the drawer and taken out thirty thousand pounds without my missing it for a fortnight; since that time, I have had all my bills marked off, and I do not find one missing besides this.

Q. Had you said any thing at the Mansion-house to induce that confession? - A. No, I had not.

Court. Q. Were you present at the examination at the Mansion-house? - A. I was.

Q. Were you present at the time the Lord-Mayor asked him what he had to say? - A. I was.

Q. Had you any conversation with the prisoner then? - A. Not any.

ALEXANDER MACLEAN sworn. - Examined by Mr. Knapp. I am clerk to Messrs. Glyn and Company.

Mr. Knowlys. Q. This bill, that you are going to be examined to, has been in your custody? - A. No; I entered it in our book.

Q. It has passed through your hands? - A. Yes.

Q. Have you not given security for the deficiency of bills that go through your hands? - A. Yes.(Mr. Knowlys objected to the admissibility of his evidence, which was over-ruled by the Court.)

Court. Q. Are you liable to pay for any thing you lose? - A. I believe so; Mr. Hallifax can say more as to that.

Mr. Knowlys. (To Mr. Hallifax.)Q. Are not your clerks, or their securities, answerable for any thing they lose? - A. Certainly; but if he had lost this bill after the clerk had entered it, I should think he was not liable.

Mr. Knapp. Q. Look at that bill, do you know it? - A. Yes; it was received at Glyn and Company's house; I entered the bill in our books, I marked it 22, and it appears by our books to have gone out for acceptance to Messrs. Cox and Merle's.

Q. Does it purport to be accepted by Cox, Merle, and Company? - A. Yes.

Mr. Knowlys. Q. Did you take it for acceptance? - A. I did not.

JAMES FERBER sworn. - Examined by Mr. Knapp. I am clerk to Messrs. Cox and Merle.

Q. Can you tell me whether you know that bill? - A. Yes; I paid that bill for Messrs. Cox and Merle.

Q. Do you know who you paid it to? - A. Yes; I paid it to a person of the name of William Wood.

Q. How did you pay it? - A. By a 20l. Banknote.

Mr. Knowlys. Q. How do you know that-by referring to your books, or from your memory? - A. From referring to the books.

Q. Have you the books here? - A. No.

Mr. Knapp. Q. Did you desire the person to whom you paid it to put his name upon the back of it? - A. I did.

Q. What else is there upon the back of it? - A. Warner, No. 82, Wood-street, that is my writing.

Cross-examined by Mr. Knowlys. Q. How long have you lived with the prisoner in Cox and Merle's house? - A. More than nine years.

Q. Did you ever know a man bear a better character than he bore during the time you lived with him? - A. Never.

WILLIAM WOOD sworn. - Examined by Mr. Knapp. I am a porter in Change-alley.

Q. Do you know the prisoner at the bar? - A. I think it is the man that gave me the bill.

Q. Have you a doubt? - A. I have a doubt.

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

Q. Look at that bill? - A. I received the cash for this bill.

Q. From whom did you receive that bill? - A. I believe I received it from the prisoner at the bar; I was to get cash for it at Merle and Cox's, in Little-Britain; he desired me to put the cash into this cover, which he gave me; I received a 20l. Bank-note, two seven shilling pieces, and two-pence; I put it into the cover, except the two-pence.

Q. When was that? - A. On the 20th of October last; he told me to take it to a person of the name of William Warner, No. 82. Wood-street; I carried it according to the direction, and delivered it to a little girl, I suppose she might be about fourteen; I told her to take care of it.

Q. Look at that bill, and see if it has your hand-writing upon it? - A. Yes, I put it on at the time I received the money, by the desire of the clerk.

Cross-examined by Mr. Knowlys. Q. You are a ticket-porter? - A. Yes.

Q. Have you not said, that it was delivered in the passage, and that the passage was so dark, it was impossible for you to say who it was? - A. Yes; he called me off my stand into a dark passage.

Q. I believe you had so much doubt of the person, that you fixed upon another, person, who was taken into custody? - A. Yes, I thought he looked like the man.

Q. And now you are only upon your belief that this is the man? - A. Just so.

Q. You doubted whether that was the man, and you doubt whether this is the man? - A. Yes.

MARY CANEY sworn. - Q. Do you know the prisoner? - A. I believe I recollect him.

Q. Had you ever seen him before? - A. I believe him to be the gentleman that I gave the letter to.

Q. Have you recollection enough to know how that letter was directed? - A. Yes, Wm. Warner.

Q. And you delivered that to the prisoner? - A. I believe it was this.

Q. How long ago is that? - A. About six weeks ago.

Cross-examined by Mr. Knowlys. Q. You were examined at the Mansion-house? - A. Yes.

Q. Did you not say you could not speak with any certainty to the man? - A. I said, I see so many gentlemen in the course of the day, that I could not say, if he had not come down stairs and I gave him the letter.

Q. Did you not say at the Mansion-house, that you did not know whether it was him or not? - A. Yes.

Q. Did you not fix upon another gentleman that sat by the fire? - A. No, I did not; I said, seeing so many gentlemen, that I could not swear he was the man; at the same time I said, that was the most like the person that I gave the letter to than any body I saw there.

Q. Therefore you will not undertake to say that he was the man? - A. No. (The bill read).

The prisoner left his defence to his Counsel.

RICHARD BULLER , Esq. sworn. - Examined by Mr. Knowlys. I am a banker, in Cornhill; I have known the prisoner about four or five years, he has been in the house longer; he has been in possession of very large property at times, he bore an excellent character.

- CARR sworn. - Examined by Mr. Knowlys. I live at No. 15, Prince's Street, Barbican, where the prisoner lodged a twelvemonth; he is a very honest young man, and always kept very good hours. NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17981205-11

11. THOMAS WARBEY was indicted for feloniously stealing, on the 24th of November , four bushels of ground malt, value 20s. the property of Messrs. Samson Hanbury , John-Trueman Villebois , and Henry Villebois .(The case was opened by Mr. Knowlys.)

THOMAS ROBGEN sworn. - Examined by Mr. Knowlys. I am assistant brewer at the brewhouse of Sir Benjamin Trueman; Samson Hanbury, John-Trueman Villebois, and Henry Villebois, are the only persons concerned in the business. I was going by the tun which contained the ground malt in the brewhouse, on a Saturday, about half past eight in the evening, and I perceived some malt had been taken out of the tun.

Q. How did you perceive that? - A. The tun was left in a level state about two o'clock in the afternoon, and this was about eight or nine; when I saw it, it appeared as if six or seven bushels had been removed; I asked two men who were loading the carts with grains, whether they had seen any thing of the malt; they said, no; the value is about twenty shillings.

Q. Is it the practice of your brewhouse to sell ground malt? - A. Never.

JAMES HODGSON sworn. - Examined by Mr. Knowlys. I was at sir Benjamin Trueman 's brewhouse on the 24th of November, I went for some grains for my master, Mr. Twaites; I saw the prisoner at the bar there, it was about eight o'clock in the evening.

Q. What was he there for? - A. He had been for grains for his master, Mr. Skinner, of Barking, in Effex; he was to take the grains in the waggon.

Q. Who was to load the grains in the waggon? - A. Himself. While he was loading his waggon, I observed him shovelling some ground malt out of a tun into a grain basket, and shoot it into a sack.

Q. How much might this basket hold? - A. About a bushel; and then he smothered it under the grains in the waggon; I told Mr. Bird, the clerk, or head brewer, of it, just after the waggon drove out of the yard.

Q. Did you go with any body to the Public-office? - A. No, not till Monday, when he was taken up.

JOHN ARMSTRONG sworn. - I am one of the officers belonging to Worship-street: On Saturday, the 24th of November, I went to Mr. Hanbury's brewhouse, and from thence I went down Bow-road, and returned back, and received charge of the prisoner, it was about ten o'clock when I got there, I came up to him by the public-house near Bancroft's alms-houses; it was from the information I had received from Hodgson, who was with me.

Court. Q. How far is this from the brewery? - A. It is near two miles, a mile and a half, or three quarters; I received charge of him, and put him in a coach by the side of the waggon, I drew my coach up to the side of his waggon, and told him I should search it; I asked him if he had any thing in it besides grains, and he said, no; I proceeded immediately to search, I put my hand down the side of the waggon, and pulled out this sack of malt concealed under the grains, it was totally covered with grains, I have had the malt ever since in my custody, it is ground malt. (The sack of malt produced).

Q. (To Robgen). Is this the same kind of malt that you have in your brewhouse? - A. This is the same kind of malt that we have.

Prisoner's defence. I was persuaded by another man in the morning to get this malt, accordingly I did. GUILTY (Aged 22.)

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

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

Reference Number: t17981205-12

12. THOMAS RICHARDSON was indicted for feloniously stealing on the 5th of October , one metal bell, value 1l. on board the ship called the Simms, lying on the navigable river of Thames , the property of William Simms .(The witnesses being called, but not appearing, their recognizances were ordered to be estreated).

NOT GUILTY .

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

Reference Number: t17981205-13

13. THOMAS SHARMAN and THOMAS BROWN were indicted for feloniously making an assault on the King's highway upon William-Benjamin Clarke , putting him in fear, and taking from his person a red leather pocket-book, value 4d. a silver watch, value 3l. 3s. a chain, value 2s. a seal, value 2s. the property of the said William Benjamin Clarke.(The case was opened by Mr. Knapp.)

WILLIAM- BENJAMIN CLARKE sworn. - Examined by Mr. Knapp. I live with James Weldon, a grocer, at Barnet; I know the prisoner at the bar; I know Sharman very well, he has come to our house to buy grocery of us several times for these three years past, he was a labourer in the neighbourhood. On Wednesday, the 10th day of October, I went from Barnet in a one-horse chaise to St. Alban's, with a young man of my acquaintance, but he did not return with me; about six o'clock I returned from St. Alban's; when I came to Mimms Wash-bridge , a man proceeded from under the bridge, and laid hold of the horse's head, and immediately cried, stop; the prisoner Sharman came to the chaise, and asked me for my money and watch; I told him that I had not any, and made some resistance; he said then, if I did not immediately give it him, the worse should be the consequence of it.

Q. At the time he said if you did not immediately give it him, the worse should be the consequence, did he strike you? - A. He did not strike me. When I found he was obstinate, I gave him a leather pocket-book, containing sundry papers, and then immediately came up a man on the other side, who I believe to be Brown, though he is not in the dress he was then; then Sharman asked me again for the watch, still I told him I had not any, and he made use of the words again, that worse should be the consequence if I did not. I then gave my watch to Sharman, I think; then after they had got my watch, they beat me, they struck me three or four times; I cannot swear who struck me.

Q. What did they strike you with? - A. They had short sticks, as long as my arm, and as thick as my wrist, they beat me down in the bottom of the chaise; when they went away I got up, but was not able to lay hold of the reins or whip; I spoke to the horse, and I got home about half after eight that night.

Q. You knew Sharman before? - A. I knew Sharman for three years past, I had seen Brown before; I knew Sharman well, by coming to our house twice a week.

Q. Have you any doubt of the person of Sharman? - A. I have not the least.

Q. Now with respect to Brown, do you know Brown? - A. I have seen his person before, but I cannot positively swear to him, he is not in the same dress he was then, I believe it to be him, he was in a smock frock when he was at the chaise. I went the next morning with John Lloyd, a peace officer, in search of these persons, and we met a Mr. Herridge. I related the circumstance to Mr. Herridge, and described the persons: then we were coming round another way, and I met Mr. Herridge and Chidwell with the prisoners, and two other men, Turner and Fentom. When I saw the prisoners, I said, that was the person that robbed me, that was Sharman; we were in a one-horse cart, and we took the prisoner, Thomas Sharman, and brought him to Barnet, I and John Lloyd were in the cart; this was between four and five o'clock in the evening; Brown was conveyed away by the other persons in another cart; we brought them to the constable's, and there I left them; I did not see the prisoners searched; I have seen my pocket-book and watch since at Bow-street; it was on the Thursday following; Joseph Hart produced the watch, Turner the chain, and William Bacon produced the pocket-book.

Q. Were the watch, chain, and pocket-book, your porperty? - A. They were.

Q. The prisoners were examined at Bow-street? - A. Yes.

Cross-examined by Mr. Knowlys. Q. I think you say you delivered the watch to Sharman? - A. Sharman was the person who had the watch from me.

Q. Whereabouts was this? - A. On Mimms-bridge.

Q. Which side of the bridge? - A. They came out from the left hand side, the other side from London.

Q. When the prisoner Brown was taken up, he was differently dressed to what he is now? - A. Yes.

Q. Was he the next day in the same dress he was the night before? - A. Yes, he was.

Court. Q. When was it he was taken up? - A. On the Thursday.

Q. When he was taken up, had he on the same clothes he had on the night before? - A. He had.

Mr. Knowlys. Q. You cannot swear to Brown? - A. No, I cannot.

Q. The further side of the bridge is Hertfordshire? - A. Yes.

Court. Q. Tell me exactly whereabouts upon the bridge was your chaise at the time you were robbed? - A. On the rising of the bridge, I should think about a dozen yards from the bridge.

Mr. Knowlys. Q. What time of night was it? - A. About half after seven.

Q. Was it moon-light? - A. No, it was not, it was star-light.

Q. Was it so light you could see the faces of the men? - A. Yes.

Q. At the time you were robbed, did you then know either of the prisoners at the bar? - A. I knew them perfectly.

Q. Did you see their faces? - A. I did.

Q. Did you know their voices? - A. I knew Sharman's voice immediately.

Q. Was there any reason to make you know the other person? - A. Yes, I had seen him before, and I thought it was him at the time.

Q. When you saw them again the next day, were you then satisfied that it was them? - A. I was positive of Sharman, but not of Brown.

Q. You say that the cart, at the time you were robbed, was about twelve yards from the bridge? - A. Yes.

Q. You were not so close to them as to observe their faces? - A. Give me leave to observe, the first time I was not, but the second time Sharman came to the chaise, his face was close to mine, I knew him perfectly well; Brown's face was not so close as the other's, but I was very close to him when they pulled me on that side of the chaise.

Court. Q. You told me just now, that your chaise was about twelve yards from the bridge? - A. I should suppose it was.

Q. How long is the bridge from one end to the other? - A. About forty yards.

Q. You were coming from St. Alban's? - A. Yes.

Q. Was it on this side of the bridge, or the other side of the bridge? - A. The other side from here.

JAMES QUILTON sworn. - Examined by Mr. Knapp. Q. I believe you are a Magistrate for the country of Hertford? - A. I am not a Magistrate, I reside in that neighbourhood, I know the spot where this robbery was supposed to be committed.

Q. You have heard it stared, that it was twelve yards from that bridge on the other side - does the country of Middlesex comprehend that twelve yards? - A. The country of Middlesex comprehends that bridge, and a mile and a half further.

JOSEPH HART sworn. - Examined by Mr. Knapp. I am a fishmonger, I know the prosecutor, I live at Barnet.

Q. Were you applied to by him to go in pursuit of any persons that had robbed him? - A. No, I was coming home from Potter's-barn, and I passed the prisoners when they were in custody of those two persons; the constable asked me to take Thomas Brown to my house, I had some fish and oysters in my cart.

Q. Did you take him to the constable's? A. No.

Court. Q. Where did your cart go to? - A. To the constable's. After Brown was out of the cart, the cart was taken to the stable.

Q. Did you find any thing the next morning? - A. I was going to take some acorns to feed my goat, and amongst those acorns I found this watch; Turner was in the cart as well as the prisoner.(The watch produced).

Q. (To Clarke). Q. Look at that watch, is that your watch? - A. That is my watch, I will swear, though the chain and one of the seals are not mine; this is the watch I was robbed of; this chain nor seal were not on at that time, but this small seal and key were on at the time I lost it, and they are my property.

Mr. Knowlys. Q. One of the accomplices was in your cart, was not he? - A. One that helped to take them was with them.

Mr. Knapp. Q. Was this Turner one of the accomplices? - A. No.

JAMES TURNER sworn. - Examined by Mr. Knapp. I and three others apprehended Sharman, I don't rightly know the day, it was at Potter's-bar; there were two, Sharman and Brown.

Q. What did you do with them after you took them? - A. I took care of Sharman myself.

Q. Did you observe any thing particular when you took him into custody? - A. About half a mile we had brought him along, and I saw him unbutton his breeches, take out a watch, and hurl it into the hedge; I said to them, halt, and we stopped, I jumped into the ditch, and the watch fell from the hedge into the ditcb. (The watch produced).

Clarke. This is another watch; the chain is mine, and the seal is mine.

Turner. I have had the watch in my custody ever since; I sat up with them all night; I did not hear any thing relative to this business, but they used very bad words.

THOMAS HACK sworn. - Examined by Mr. Knapp. Q. You were admitted an evidence for the Crown? - A. Yes.

Q. Do you know the prisoners at the bar? - A. Yes, very well; I have known Thomas Brown about a year, and I have known Sharman about a year.

Q. Upon the 10th of October were you with them? - A. I was with them.

Q. Where did you go upon the 10th of Octo

ber? - A. We went down into Mimms Wash, and there we stopped a gentleman, he was in a one horse chaise; this is the gentleman that was stopped,(pointing to the prosecutor); there were four of us; there was one Thomas Brown, Thomas Sharman, one Jack Sharman, and myself.

Q. Tell us all the circumstances - how did you stop him? - A. I laid hold of the horses head first, and stopped him, and Thomas Brown went up to the side of the chaise, and Thomes Sharman went up on the other side, they demanded his money.

Q. Did he give them his money? - A. No, he gave them a pocket-book; then they demanded his watch.

Court. Q. What did he say, when they demanded his watch? - A. He said, he had not got one; then they felt about him, and felt his watch, and then the gentleman gave it them.

Mr. Knapp. Q. What sort of night was it? - A. It was star-light, I could see all that passed.

Q. What did they do then? - A. Then they hit him with a stick, a hedge-stake, they had each of them a hedge-stake, and I had a hedge-stake.

Court. Q. Had Brown a hedge-stake? - A. Yes.

Mr. Knapp. Q. And they beat him in the way he has described? - A. Yes. Then we went along the road.

Q. When were you taken? - A. I was taken the Friday following, at Ridge in Hertfordshire.

Cross-examined by Mr. Knowlys. Q. You lived at Ridge? - A. I lived at Ridge with Jacob White.

Q. How far was this from where you committed this robbery? - A. It was about a mile.

Q. How long have you been a thief? - A. That was the first time I began.

Q. There were four of the party? - A. Yes.

Q. Who did you bring with you from Ridge? - A. I brought nobody with me.

Q. You did not walk from Ridge alone? - A. No, I met with those three at Ridge.

Q. Was Brown of the party? - A. I am sure Brown was.

Court. Q. How was Brown dressed that night? - A. He had a smock frock on.

JOHN SHARMAN sworn. - Examined by Mr. Knapp. I am a brother of Thomas Sharman, I am admitted an evidence for the Crown.

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

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

Q. Did you go with them on this day when the robbery took place? - A. Thomas Brown asked my brother and I to go up to Ridge; we were going there to see after a job of work, and we agreed to go with him; when we came to Ridge, we had three or four pots of beer, at the beginning, and after we drank the beer, we went up to Ridge-hill.

Q. Did any conversation pass between you before you went to Ridge-hill? - A. No. Then we came back again to Ridge, and there we had part of four or five pots of beer more; about five or six o'clock, Thomas Hack came up, and I said, will you give me some beer this Michaelmas? no, said he, I will be two-pence with you; and after we had drank, then we came all four of us up to Dancer's-hill, where we had two pots of beer; after that, Thomas Hack and I set off to go home, but Thomas Sharman and Brown would not go, they would have some more beer. As John Hack and I were going along, about 400 yards from the public-house, he said, it was too late to go to his mother's, and said, let us see whether we cannot get a few shillings; it was about seven o'clock at night; with that, I asked him how, and he said, stop some whiskeys or one horse chaises, or any thing; I asked him, which way? he said get some sticks out of the hedges; so accordingly we agreed; and he said, let us go back and get your brother and Brown to go; we went and called my brother and Brown out, and asked whether they would go and rob somebody -

Q. Who asked them? - A. Hack asked them whether they would go and rob somebody. With that we went about 200 yards, says Hack, get some sticks, and he got up the hedge, and gave my my brother, Sharman, and Brown one, and I got one for myself.

Q. After this, where did you go? - A. When we got a stick a piece, we went down the hill pretty near a quarter of a mile, and there was a one horse chaise coming up -

Q. Where was that? - A. It was about 300 yards on this side of Mimms Wash-bridge, and Hack run up and laid hold of the horse's head, I stood at the left hand side, Brown was behind, and my brother on the other side.

Q. Did he stay behind all the time the robbery was committed? - A. He was behind sometimes, and sometimes on the other side.

Q. Where was your brother? - A. My brother was on the other side.

Q. What did you do? - A. We asked him for some money, and he said, he had got no money. The horse backed down the hill, and there was a woman in the chaise.

Q. Was that the chaise the prosecutor was in? - A. No, another.

Q. Do you remember the prosecutor? - A. Yes.

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

Q. With respect to the prosecutor's chaise, where were you? - A. I was behind.

Court. Q. Did you see the prosecutor before the chaise you have been talking of, or after? - A. That was before we meddled with him.

Q. Tell us how long it was between the time of the first robbery and the second? - A. Not above ten minutes.

Mr. Knapp. Q. When you came to the prosecutor's chaise, you say, you were behind? - A. Yes.

Q. Where was Thomas Hack? - A. He was behind; Brown was on one side, and my brother on the other; they asked him for his money, Thomas Brown , or my brother, I cannot say which, and the prosecutor said, here, take my pocket book, he gave them his pocket-book; then Brown said to my brother, he has got a watch; then they asked him for it, my brother did; he said, he had got never a one; and they felt about his breeches, and then he pulled it out and gave it to him.

Q. To whom? - A. I think it was Brown; after they had got the watch, Hack let go the horse, and hit Clarke a knock of the head; I did not see Brown, or my brother hit him at all.

Q. When were you taken up? - A. The day following; I was taken up by Chidwell and Herridge, we were at Potter's-bar.

Cross-examined by Mr. Knowlys. Q. Hack was the man that proposed all this? - A. Yes, he was.

Q. And none of you would have engaged in it if it had not been for Hack? - A. No, we should all have gone home.

Q. Hack first proposed the scheme? - A. Yes; he tempted me first, and then my brother.

JAMES HERRIDGE sworn. - Examined by Mr. Knapp. I apprehended the prisoners at the bar, with Mr. Chidwell; we were sitting upon the acorns, at Potter's-bar; we had agreed to have seven bushels of acorns of Brown and Thomas Sharman that morning, we saw them all at the blacksmith's; on going along, a young man came up, Josiah Dunn, and persuaded the prisoner, Sharman, to run away; says he, what do you mean by talking to us of such nonsense; he answered, saying, don't you know who you robbed last night of a watch, at Mimms-wash; and you will be taken in two hours, at least, if you don't get off.

Court. Q. Was Brown with him? - A. Yes.

Q. Did he hear this conversation? - A. No; I don't think he did.

Q. After this did he say any thing? - A. Josiah Dunn came up, shook his fist at him, as much as to say, he would lather him if he did not run off.

Q. Did you hear the prisoner, Sharman, say any thing at this time? - A. No; only not to talk about such nonsense.

Q. You, Chidwell, Turner, and George Fentom , took them into custody? - A. Yes.

Court. (To Clarke.) Q. To whom did you give the watch? - A. To the best of my knowledge, to Thomas Sharman, the prisoner at the bar.

WILLIAM BACON sworn. - Examined by Mr. Knapp. I belong to Bow-street: I produce a pocket-book, I found it in a field adjoining Greendragon-lane, it is about fourteen miles down the road.

Court. Q. Is it near Mimms-bridge? - A. It is between Mimms-bridge and Barnett.

Q. (To Clarke.) Is that your pocket-book? - A. It is mine, it is the same that I lost upon that occasion, I am positive of it.

Q. (To Hack.)Do you know that pocket-book? - A. I know they took a pocket-book away from him, but I don't know that that is it.

Q.(To John Sharman .)Do you know that pocket-book? - A. Yes.

Q. Do you know what they did with it? - A. Thomas Brown was going down Green-dragon-lane, and he put his hand into his right-hand pocket and gave it me out of his pocket to go and hide it; I went and hid it in William Hale 's field, under an elm tree by the side of Green-dragon-lane.

Q. You hid it by the desire of Brown? - A. Yes.

The prisoner, Sharman, did not say any thing in his defence.

Brown's defence. I have only to say, that they charge me wrongfully about the pocket-book.

Sharman, GUILTY Death . (Aged 23.)

Brown, GUILTY Death . (Aged 29.)

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

Reference Number: t17981205-14

14. THOMAS GREEN was indicted for feloniously stealing, on the 12th of November , two live game cocks, value 2s. five live fowls, value 5s. and one hempen bag, value 12d. the property of William Eling .

WILLIAM ELING sworn. - I live at Teddington : I lost seven fowls on the 12th of November, five hen fowls, and two cocks; they were found upon the prisoner by a Twickenham watchman; I have not got the fowls, but I have got the sack, marked with my own name; that sack is my property.

JAMES KNIGHT sworn. - I produce the sack, it has been in my custody ever since the evening of the 12th of November; the prisoner was put into the watch-box by the watchman, and I asked him whose fowls they were, and he said they were his.

Cross-examined by Mr. Gurney. Q. You did not apprehend him? - A. No.

Q. Where the watchman found the fowls, and the sack, you don't know? - A. No.

Q. (To Mr. Eling.) When did you see the fowls last? - A. On the Saturday, they were taken away on the Sunday night.

Court. Q. Did you know the prisoner before the fowls were taken away? - A. Yes; he worked for me seven days, a week and a day.

WILLIAM RICHARDS sworn. - I am a watchman, at Twickenham: I stopped him on the Monday morning, the 12th of November, at Twickenham.

Q. Had he any thing in his possession at the time you took him? - A. He had the sack with those fowls in it; I stopped him and took him to a Peace-officer, because I thought he did not come honestly by them; I put him in the watch-box.

Cross-examined by Mr. Gurney. Q. He told you that he had found those fowls? - A. He said that they were his wife's, and his own property.

Q. Was the prisoner sober when you met him? - A. I looked upon him to be sober.

The prisoner did not say any thing in his defence. One witness was called to the prisoner's character, who said, he had known him but a very little while, but during that time, he never heard any thing against him.

GUILTY (Aged 24.)

Transported for seven years .

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

Reference Number: t17981205-15

15. WILLIAM FORDYCE was indicted for feloniously stealing, on the 22d of November , a gold repeating watch, value 52l. 10s. the property of Peter Kington , Esq. in the dwelling house of Thomas Harrison .

PETER KINGTON, Esq. sworn. - The prisoner at the bar was my servant ; I have the honour to be a captain in the sixty-second regiment of guards: On the 23d of last month, the waiter came into my room, at the New Hummums, where I had been lodging for two or three days; he said, Sir, you had better get up, as your servant is taken into custody, it was a little after eleven o'clock in the morning, he said, he was at Bow-street; I had ordered my servant to call me at nine, he had been and took away my clothes to clean, and I was surprised he had not returned; I requested the waiter to go to Bow-street, and bid the officer come to me; the Bow-street officer came to me, and a pawnbroker, and directly the pawnbroker came into my room, he took out the watch and shewed me; I immediately saw that the watch had been taken by my servant, out of the drawer, he had the key of the drawer at the Hummums; I had requested of him, several times, to be particular never to leave the door unlocked, as I had lost some clothes the day before; he said to me, there were a number of rascals in the house, and wished me to leave it; I put the watch into the drawer myself, I believe it was on the 19th or 20th, the day on which I arrived in town, I had seen it in the drawer the day before; I did not miss the watch till the pawnbroker brought it; I locked the drawer, and gave the key to the prisoner; I am sure that is the watch that had been entrusted to me by Sir John Blackey.

THOMAS HARRISON sworn. I am the master of the New Hummums, in the parish of St. Paul, Covent-Garden.

Court. Q. Do you remember Mr. Kington lodging at your house? - A. Yes; he lodged there on the 19th, the night before this happened. On the 22d I was informed, about half after eleven o'clock, that captain Kington's servant was taken to Bow-street by a pawnbroker; I went to Bow-street, and I found captain Kington and the prisoner there; I know no more about it.

BENSON TRINDER sworn. - I am a pawnbroker, I have seen the prisoner before: On the 22d of November, about ten o'clock in the morning, he came and offered a gold repeating watch to sell, at Mr. Abraham Dry 's, he asked ten guineas for it: seeing the watch a very valuable one. I asked him how he came by it; he said he had just arrived from Ireland, and had received it for a year's wages in Ireland, for the sum of twenty-five guineas; I asked him whom he lived with there; he said, with a captain Sherwood, who lived at the Exchange coffee-house; I then interrogated him still closer, doubting the watch to be his, and he then said he gave twenty-five guineas for it, that it was his watch: by his varying in his story, I doubted what he said, and I sent for an officer; he seemed inclined to make off, and I went round on the other side of the counter to prevent his running off; when an officer came, I gave charge of him; he then desired that the officer might go with him to his master, who, he said, lived in Craven-street; when we came to the end of Henrietta-street, he attempted to make off; the constable called to me, and requested me to keep close behind, for he found some difficulty in holding him fast, and, passing a hair-dresser, he holloaed out, Mr. Foxhall; we then came as far as the Old Hummums, and he laid hold of the rails, but we at last disengaged him from them, and took him to Carpmeal's, in Bow-street; I asked Mr. Foxhall if he knew who was his master; he said, yes, it was the Hon. Mr. Kington, who lodged at the New Hummums; I then said to the constable, it would be the most prudent thing to go to the New Hummums, to see if he lived there; I went up stairs, and found Mr. Kington; I carried the watch, and that was the way Mr. Kington came to know about it. (The watch produced).

Court. Q. What may the watch be worth? - A. At least it is worth sixty guineas, it never cost less.

Q. (To Captain Kington .)Is that the watch you lost? - A. That is the watch; I have no doubt but it is the same watch.

Prisoner's defence. I had been up all night, and

was over persuaded by bad company to go to a pawnbroker's shop and sell the watch; I never did such a thing before.

GUILTY Death . (Aged 18).

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

Reference Number: t17981205-16

16. WILLIAM LONGFORD was indicted for burglariously breaking and entering the dwelling-house of Edward Longford , with intent the goods of the said Edward therein being feloniously to steal, take, and carry away, and burglariously stealing one copper saucepan, value 1s. 6d. a double iron jack-plane, value 1s. 6d. an iron handsaw, value 2s. and various other articles, the property of the said Edward.

EDWARD LONGFORD sworn. - I live at No. 12, in Pye-street, Westminster .

Court. Q. Is the prisoner any relation of your's? - A. None at all; I am a housekeeper: On the 22d of October, I got up in the morning between the hours of five and six to go to work, I was the first person up in the house.

Q. Did you make any discovery that any thing had been taken from you? - A. The first thing I said to my wife, you did not fasten the wash-house door last night; she said, yes, she did; says I, it is open now; then I went into the yard to feed my pig, and I saw some copper saucepans and a tin kettle packed up; then I went into my wash-house, and I missed my rabbits, I had lost two, I had seen them the night before.

Q. Did the wash-house door communicate with the dwelling-house? - A. It was adjoining the dwelling-house; then I missed my saw, plane, and hammer.

Q. When had you seen them? - A. I had seen them the evening before.

Q. What day of the week was the 22d? - A. On a Monday morning; I lost a copper saucepan, two rabbits, a hand-saw, two hammers, an old sack, and a piece of another sack.

Q. On the Sunday evening, who was the last person up in your family? - A. My wife, she is here.

Q. Have you any evidence to give to affect the prisoner at the bar with taking these things? - A. I know nothing of my own knowledge.

MARY LONGFORD sworn. - I am the wife of the last witness; I was the last up on Sunday, the 21st of October, it was between the hours of nine and ten o'clock as nearly as I can speak.

Q. What does your family consist of? - A. I have only my husband and myself; when my husband got up in the morning, he saw the washhouse door open.

Q. In what state did you find the wash-house? A. I found the copper saucepans removed from the tin ones.

Q. Were all those articles mentioned in the indictment missing? - A. They were all gone; I saw them between the hours of nine and ten o'clock in the evening, and they were all safe.

Court. Q. Was the door fastened when you went to bed? - A. I fastened it myself; I live down stairs, I lay in the back parlour, I heard no noise, I got up directly my husband missed the things.

Q. Had you known the prisoner at the bar before? - A. No.

Q. Do you know any thing to affect him with doing this act? - A. No.

ANN PARIS sworn. - I live in Pye-street, almost facing the prosecutor.

Q. Do you know the prisoner at the bar? - A. I have seen him by coming to my house, I keep a little shop, he came for victuals, or such things as he wanted. On the 12th of October, about half past twelve, I saw him come out of a door with a bag upon his right shoulder, there were but two doors between that and the prosecutor's; I really thought he had got some fire-irons; he passed me and another young woman, and went towards Duck-lane, there was a saw I could see out of the bag, about thus far; the house he came out of adjoins the back yard of the prosecutor's: hearing the next morning that these people had been robbed, I told them they might see such a person at Duck-lane, but what house I did not know, because I did not follow him.

WILLIAM MESSENGER sworn. - I am an officer belonging to the Police-office, Queen-square, I was informed of the robbery, I went in search after the things; I was told the property was carried by the prisoner to his lodgings, in Duck-lane; I found the room where he lodged, but the prisoner was not there; we found the bag much as it is now, with the saw, saucepan, two hammers, and a double iron jack plane.

Q. (To Longford). Are those your property? - A. Those are my property; this saw I have had a great many years, it is rivetted; I have had the plane by me a great many years; the saucepan I really believe is mine; these hammers are mine.

Prisoner's defence. I don't know any thing at all about the things; I never saw them before they were brought to Queen-square before me.

NOT GUILTY .

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

Reference Number: t17981205-17

17. RICHARD MESSENGER and THOMAS HORWOOD were indicted for feloniously stealing, on the 26th of November , a hempen

sack, value 1s. and four bushels of malt, value 20s. the property of Richard Rose , Sarah Galley , and John Earl .

JOHN EARL sworn. - I am a lighterman , I know nothing of the loss, I am in partnership with Sarah Galley and Richard Rose.

JOHN GILLET sworn. - I am a lighterman: As I was going down Norfolk-street, between five and seven in the morning, I saw a barge belonging to the prosecutors; there were two men on board moving the sacks about, and taking goods out of the sacks.

Q. Who were those two men? - A. It was not quite day-light, and it was a goodish distance, but I think it was the prisoners; they laid down the sacks again in their places as they were before, and covered the tarpaulins over them; I went away round to a public-house in Milford-lane, and had half a pint of purl, and came back again, and about half past seven Mr. Whitbread's miller, Mr. Garner, came down and Messenger fetched him on board the lighter in a skiff; Mr. Garner took some malt out of several sacks to carry to the brewhouse for a sample, and then Messenger brought him on shore again; then I overtook the miller in the Strand, and I told him I thought there was something on board of that barge that was not right; then I went down as far as Queenhithe to the Meter's-office with him; from there I went back again over-right the barge; I saw the two prisoners go ashore with a dish under their arms with some victuals to have their breakfast; then I went to Bow-street, and gave information, that there was something not right, and an officer was set to watch where it went to; two officers were sent down, Ruthven was one, and, I think, Jones; they looked to see if any thing was gone out of the barge, while I went to the Corn-market; I told Mr. Toosley, the malster, that the malt belonged to, what had happened, and he told me I had better go and see whether they carried any on shore any where, and then the miller and another gentleman came to have it measured, and they found a deficiency.

Cross-examined by Mr. Knowlys. Q. You were in Norfolk-street at the time you saw this? - A. Yes.

Q. How far do you think these barges were off? - A. They laid off the road.

Q. Were they not beyond the middle of the Thames? - A. No.

Q. Were they not 300 yards from you? - A. No, nor 200 yards.

Q. And this was on the 26th of November? - A. Yes.

Q. It was dark? - A. It was moon-light.

Q. You could not distinguish the features of the people? - A. No.

Q. It was not light enough to see their faces? - A. No, I saw the two men at day-light.

Q. There were a good many other barges between you and this barge? - A. There were two failing barges and another barge.

Q. What mark could you see by which you could tell which was Mr. Earl's barge? - A. Mr. Earl's barge was as long as two of the others.

Q. Do you mean to swear, that with those barges between, you could distinguish which was Mr. Earl's barge at that time in the morning? - A. Yes, I say it was Mr. Earl's barge, but I cannot swear positively to the men's faces.

Q. Will you swear that you could distinguish that to be Mr. Earl's barge at that time in the morning? - A. I could see a good way, it was moon-light; there was no other barge there with malt in it.

Q. Then you could see at that distance that it was malt? - A. No, I do not pretend to say that.

Q. Upon your oath, were not the other barges loaded? - A. They might have something in them.

Q. Were they not loaded? - A. I did not take particular notice whether they were or not.

Q. They were all covered with tarpaulins, were they not? - A. No, all of them were not, because one of them was a London barge, that had nothing in her.

Q. One of these prisoners is your own brother-in-law, is he not? - A. No, he is brother-in-law to my wife.

Q. There had been some disputes, I believe, between you and him? - A. Yes, but I did not come here to argue about that.

Q. How many days before this was it that he summoned you to Waterman's-hall? - A. I cannot say.

Q. Has he not summoned you there? - A. Yes, a good many times; every time he saw me at work I had to pay twenty shillings, because I am not a free waterman.

Q. Then there is no good will between you? - A. No, I do not think there is much.

Q. In case this man had appeared against you, when was he to have appeared against you? - A. On the Tuesday.

Q. And when was he taken up? - A. On the Wednesday.

Q. He had summoned you, how often? - A. A dozen times, I dare say.

Q. And you have arrested him, I believe? - A. Yes, and a good right I had so to do.

Q. Do you know a person of the name of Faulkner Carpenter? - A. Yes.

Q. Upon your oath did not you say to him that you had received a summons from Horwood, and you would have a runner and take him to Bow-street? - A. I told Carpenter, if ever I caught

him at any thing, I would do what I could, for he was punishing me every day.

Q. Did you not tell Carpenter that he had summoned you, and you would have a runner and take him to Bow-street? - A. I do not know that I did this time, I may have mentioned it to him often.

Q. Then you have mentioned often to him, that you would get a runner and take him to Bow-street? - A. Yes, I have.

Q. Were you ever taken up yourself? - A. Yes, it was about some fashes, and a good many more of us upon suspicion, but I know no more about it than you do.

WILLIAM GARNER sworn. - I am a miller at Messrs. Whirbread and Co's. On sunday, the 25th of November, the prisoner, Messenger, came to me for a bill of assignment of four hundred quarters of malt that were on board Rose and Galley's barge; two hundred quarters belonged to Mr. Toosley, and two hundred to Mr. Harris; I went on Monday morning on board the barge to take a sample; I took the samples, and, in returning, just before I came to Temple-bar, John Gillet overtook me, and, from the information he gave me on the Monday, I ordered the malt up to the brewhouse on Wednesday morning; Gillet came on the Tuesday evening, and in consequence of what he said, I stopped the proceeding of the malt. I attended on Wednesday morning, sent for a meter, and had it measured; the sacks that laid at the top we found to be very deficient; in the six quarters of Mr. Harris's there were wanting thirty quarts; we then measured one quarter of Mr. Toosley's, and that wanted five quarts, and one sack of Mr. Toosley's was measure.

Q. How much should the sack contain? - A. Four bushels.

Cross-examined by Mr. Knowlys. Q. How these sacks were filled by Toosley, the proprietor, you cannot tell? - A. No.

Q. I believe six quarters contain seven hundred and sixty-eight quarts? - A. I cannot say, I have not calculated.

Mr. Knowlys. Q. There are one hundred and twenty-eight quarts in a quarter.

Court. Q. How many bushels are there in six quarters? - A. Forty-eight.

Mr. Knowlys. Q. Does not malt suffer a great deal of deficiency on account of weather? - A. The weather was in favour of the measure, it was wet weather.

Q. When did you measure it? - A. On Wednesday morning I saw it measured.

Court. Q. There are thirty-two quarts to a bushel? - A. Yes.

Q. Then out of the six quarters there was not quite a bushel desicient? - A. No.

JOHN LENORE sworn. - I am the meter; the first quarter I measured on board the barge was measure; the second quarter wanted four quarts; the third quarter wanted eleven quarts; then, by Garner's desire, I measured two sacks underneath the top tier, and they were measured; the 4th quarter was measure, and the 5th wanted four quarts, and the sixth quarter wanted eleven quarts; we only measured the top sacks; if they had gone through, upon the average, it would have made four thousand quarts deficient.

Mr. Knapp. Q. But you did not measure the whole? - A. No, we never do.

Q. You measured some of the under tier? - A. Yes.

Q. And they were measure? - A. Yes.

Court. Q. How many did you measure? - A. Seven quarters and a half, fifteen sacks, out of which thirty-five quarts were missing,

Garner. The meter meant to state, that if I had received these two hundred quarters at the brewhouse, wanting five quarts upon what he measured, I must have received the whole bulk as wanting five quarts upon each quarter.

Jury. Q. Would that measure have been made by the meter, if it had not been for the information you received? - A. Yes, it is always measured by the meter before it is unloaded.

JAMES DARE sworn. - I am a malster; I put up about one hundred and seventy quarters of Mr. Harris's malt, there are about thirty of them I did not put up in Mr. Harris's barge; to my knowledge I put them up all alike, even one with the other; they were sent to London, and then there was this complaint made.

Cross-examined by Mr. Knowlys. Q. Were you present when they were delivered into the barge? - A. I put them up, and there is another person carries them to the barge.

Q. How far is it from the place where you put them up, to the barge? - A. About thirty yards.

Q. Now you put up only one hundred and seventy out of the two hundred yourself? - A. No.

Q. Thirty quarts out of one hundred and seventy quarters, is an extremely small quantity? - A. Yes.

Q. Might there not be a mistake of that small quantity? - A. There might in the whole bulk, but not out of one quarter, or two or three.

Q. As to the other thirty quarters, whether the men did them up carefully or otherwise, you know not? - A. No.

Jury. Q. How many bushels did you put into each sack? - A. Four.

Q. Is it upon an open whars where you can see the men carry them from the warehouse to the barge? - A. It is not an open place.

Q. Is it such a place, as it is impossible for a

man to put a sack off his shoulders, and take any out? - A. It is impossible.

CHRISTOPHER JONES sworn. - I am a conductor of the patrole belonging to Bow-street: we had an information on the 26th of last month of some people plundering some sacks in a Kingston barge; we went with the person that gave information to watch the barge that same evening till about nine; we quitted then, and came about six in the morning; the barge laid in the same place at that time, and in the evening dropped down to Brown and Boville's wharf, Milford-lane; we continued there till about the same time as we did the night before; we came again the next morning about eight o'clock; the barge was then close in under the wharf; about ten o'clock we went into Brown and Boville's accompting-house, we then saw the meter and miller coming to re-measure the malt, and after that we had an information from the same person to apprehend the two prisoners; I went under the tilt, and Messenger was eating; I then took Messenger into custody, and delivered him to one of the other officers, and then, in consequence of an information, I went and looked under the tilt again, and there found a sack covered with some of their bedding and some empty sacks; they were both bargemen on board the barge.

Cross-examined by Mr. Knowlys. Q. You took them on board their master's barge? - A. Yes.

Q. You saw them doing no harm? - A. No.

- RUTHVEN sworn. - I know no more than the last witness, we were both together the whole time.

The prisoners left their defence to their Counsel.

FAULKNER CARPENTER sworn. - Examined by Mr. Knowlys. I am a housekeeper; I work for Messrs. Rose and Earl, the prosecutors; I have know Messenger as long as twenty years, and Horwood ten years.

Q. What character have they both borne? - A. Very good ones.

Q. Do you know Gillet? - A. Yes, I had three summonses to give to him from Horwood; as soon as I gave them to him, he swore, d-n his eyes, he would have a runner and take him to Bow-street.

Q. Is he a man of such a character that you would believe him upon his oath? - A. I would not trust him.

ROBERT TAYLOR sworn. - I am a bargeman at Thames Ditton; I have known Horwood twenty years, and Messenger almost as long; I never saw any thing amiss of them.

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

Q. What sort of a character does he bear? - A. A very indifferent one.

Q. Is he a man you would chuse to trust upon his oath? - A. No, by no means.

Q. You did work for the prosecutors? - A. Yes.

Jury. Q. Why did you cease to work for the prosecutors? - A. Because I lived two miles off, it was not so convenient; I never had any words with them in my life.

JOHN HOLLAND sworn. - I work for the prosecutors; I have known the prisoners a great number of years; during the whole time they always had the best of characters with regard to honesty; Horwood, in particular, my mother placed great confidence in him.

JOSEPH BROWN sworn. - Examined by Mr. Knapp. I am a barge-master at Kingston-upon-Thames, I have known the prisoner Horwood twenty years, and the other fifteen or sixteen; they bear a very good character, they live at Kingston.

ENOS REDNAP sworn. - I live near Kingston; I have known Messenger from a baby; I have known Horwood four or five years; they both bear very good characters, Messenger particularly, if he was out to-morrow I would employ him; he has had gentlemen's trunks and goods to carry three times a week.

SWIFT KIRBY sworn. - I am a lighterman and coal-merchant at Twickenham; my father has entrusted Messenger to a considerable amount; I never heard any thing amiss of either of them.

THOMAS BARKER sworn. - I live at Twickenham, I am a gardener; I have known Messenger from a child; I never heard any thing amiss of him or his father.

EDWARD UNDY sworn. - I live at Twickenham; I have known messenger from a child to be honest and good; I have seen Horwood different times, I suppose five or six years; I never heard any thing disrespectful of him.

Mr. Earle. The prisoners at the bar have both of them worked for me for many years; they bear the best of characters I ever knew; I have trusted them with the barge and every thing in it as captain; I would have trusted them with any thing in the world till I heard of this.

Both NOT GUILTY .

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

Reference Number: t17981205-18

18. ROBERT RUBY was indicted for feloniously stealing, on the 28th of October , four geese, value 20s. the property of Ralph Rolfe .

RALPH ROLFE sworn. - I live in the parish of Harrow : I lost three geese and a gander; the last time I saw them was about ten o'clock at night; on Sunday night, the 28th, they were brought to me dead about twelve o'clock the same night; I know them to be my geese.

Q. What do you know them by? - A. There was no particular mark, but the feathers.

WILLIAM BRANCH sworn. - Q. I took the

prisoner with the geese on Sunday night the 28th of October, about half a mile from Mr. Rolfe's house; I took them to Mr. Rolfe's, they were dead; I took the prisoner with them; he told me at first that a dog catched them.

Q. Had he a dog with him? - A. No; then he asked me to take the geese and let him go.

The prisoner put in a written defence, stating that he was very much in liquor; that he found the geese in Hanger-lane, near Appleton; and that he intended to have made inquiry who the owner was, but he was apprehended before he could get an opportunity.

Q. (To Branch.) Was he drunk? - A. He was neither drunk nor sober.

GUILTY (Aged 29.)

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

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

Reference Number: t17981205-19

19. JOHN GREEN was indicted for feloniously stealing, on the 28th of November , a pound weight of tobacco, value 13d. the property of Thomas Pearson .

Second Count. Laying it to be the property of Thomas Booth , Welbore Ellis Agar , Joah Bates , Sir Alexander Munro , Knight , Richard Frewin , William Stiles , William Rowe , Francis-Fownes Luttrell , and John Buller , Esqrs.

Third Count. Laying it to be the property of certain persons unknown.(The case was opened by Mr. Knowlys.)

ALEXANDER GRAY sworn. - Examined by Mr. Knowlys. I am gate-keeper at the Tobacco Warehouses, on Tower-hill; the prisoner was a labouring cooper in those warehouses.

Q. Is it your duty to search the men, and rub hem down, as they go away? - A. Yes.

Q. What time did they go away on the 28th of November? - A. About three o'clock; I searched he prisoner, and in the lining of his hat I found quantity of leaf tobacco.

Q. Is the tobacco in the warehouses all leaf tobacco? - A. Yes.

Q. In an uncut state? - A. Yes.

Q. When you found this tobacco upon him, what did he say? - A. Not a word.

Q. How much do you think there might be? - A. About a pound, or a pound and a half, or somewhere thereabout; I secured the property, and he as afterwards taken up, and I gave information of it.

Jury. Q. Do you mean to say, there is no tobacco in the warehouses but leaf tobacco? - A. sot that they had access to; there is some tobacco at is feized, that is kept in those warehouses, but the coopers could not get at that. (Produces it).

Q. Do you mean to say that you took all that from the lining of his hat? - A. No; here is as much as was taken from three of them; what I took from the prisoner was less than a third of this, but I cannot separate it.

THOMAS PEARSON sworn. - I am warehousekeeper to the tobacco warehouses belonging to the Customs.

Q. Are you the only warehouse-keeper under the Customs? - A. I am.

Q. What is the value of this? - A. Somewhere under a shilling.

Prisoner's defence. I gave three-pence to a sailor for two handfulls of it on the Tuesday night, and as I had no pockets I put it in the crown of my hat; when I went home I forgot to take it out, and I went to work with it the next morning to the warehouse. GUILTY (Aged 25).

Confined one week in Newgate .

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

Reference Number: t17981205-20

20. JOHN RUSSELL was indicted for feloniously stealing, on the 15th of November , two horse-collars, value 8s. two awls, value 12d. a knife, value 3d. a pair of large scissars, value 6d. and a collar needle, value 1d. the property of Thomas Ingate .

THOMAS INGATE sworn. - I am a collar-maker , I work for sadlers , I do not keep a shop: On the 15th of November I lost the things mentioned in the indictment from my premises, No. 3, Smart's-buildings, High-Holborn , they hung up in my back premises; I was not at home at the time, my apprentice told me what had happened when I came home, about three o'clock in the afternoon I missed them, I saw them again before the Magistrate at Bow-street, the watch-house-keeper produced them.

Q. Had you ever seen the prisoner about your premises? - A. Never.

ELEANOR CAMERON sworn. - I deal in old clothes, or any thing, I get my bread in the streets: On the 15th of November, about twelve o'clock at noon, the prisoner came into the White-hart, in Drury-lane, where I was, and they attacked him with a pair of sheets, and out of pity to him they let him loose, after they had got their property; and about three o'clock in the afternoon, I saw the prisoner come off the steps of Mr. Ingate's door, with two collars upon his shoulder, without any thing over them; I saw him take them past Mr. Lane's, the pawnbroker, in Holborn, the corner of Smart's-buildings; then be crossed the way, and went up St. Giles's, and my partner and Mr. Ingate's apprentice went after him.

ANN VALLANCE sworn. - I get my bread with the last witness: I saw the prisoner with the collars upon his shoulder, and just after he came out of she house he put them in a bag, and I followed him, with Mr. Ingate's apprentice, as far as St. Giles's Church, and then he came back again to Dyot-street; the apprentice then laid hold of him.

Q. When he was stopped, could you then see what was in the bag? - A. The bag was so small that it would not cover them; he was then taken to St. Giles's watch-house, and the bag was given to the watch-house-keeper, James Morgan .

HENRY TWINER sworn. - I am apprentice to Thomas Ingate : I was at work in the front shop, I did not see the prisoner take any thing, but I was alarmed that we had been robbed, and I ran as hard as I could after hin; I saw him with two collars in a bag, I saw them sticking out upon his shoulder as he was going along, I pursued him about a quarter of a mile, and then stopped him; I took the bag from him, and took him to St. Giles's watch-house, I gave the bag to Mr. Morgan at the watch-house; we found all the things mentioned in the indictment about him.

- MORGAN sworn. - I am round-house-keeper at St. Giles's, the prisoner was brought to me on the 15th of November; the last witness brought the collars with him, and I found a bag under his arm. (producing it).(The collars produced, and deposed to by the prosecutor).

Prosecutor. The other things I cannot swear to; I missed such things.

Prisoner's defence. A man gave them to me to carry for him, and he was to give me a pot of beer; they are very heavy, and I could not have carried them is I had not had three glasses of gin in my belly.

GUILTY . (Aged 78.)

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

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

Reference Number: t17981205-21

21. MARY-ANN RILEY was indicted for feloniously stealing, on the 3d of November , three silk handkerchiefs, value 10s. the property of George Webster , privately in his shop .

GEORGE WEBSTER sworn. - I keep a shop in St. Alban's-street, St. James's : On Saturday the 3d of November, the prisoner at the bar, with another woman in company, came into my shop; the prisoner at the bar placed herself at the counter opposite to me, and the other woman upon her right-hand; she asked to look at a pair of black stockings, I took a parcel down and opened to shew her; she said, they would not do, she wanted to see some other stockings; I went the distance of about four yards, and took down another parcel; when I turned my head, I saw the prisoner drawing her arm from my shop-window, and put it under her cloak, there is an inside sliding shutter which was open at that time; I opened a parcel of stockings that I had been taking down just before to shew her them; she asked me the price, I told her the price was two shillings a pair; she said, no, she would give me eighteen-pence; I told her two shillings was the lowest price, and if they did not suit her at that price there was no occasion to give herself any further trouble; she said she would give me nineteen-pence; I told her it was in vain to offer me any thing less then I asked; then she said she would give me twenty-pence; I told her they should not go under two shillings; then she would give me one-and-twenty-pence, then she came to two-and-twenty-pence; I should observe, that she had a barrow at the door with apples in it; she asked me then if I would take any apples in part of payment; I told her, no, I would have no apples, we had apples in the house; then she addressed herself to my wife, to know if she would take any apples; then she told me she would leave a shilling with me till next Saturday, I might keep the stockings and the shilling till then, and then she would come for them; I told her if she had not got the money to leave the stockings, and she might have them next Saturday when she came for them, and bring the money with her; she put her hand in her pocket and took out money, I saw a half-crown-piece, two shillings, and two sixpences, with some halfpence, but she said she could not spare the money now; the woman that was along with her had a young child with her; she asked my wife to shew her some calico, and she went further into the shop to get it; there was some calico upon the counter, but my wife told her it was sold, and upon that lay a bed-gown, and she said she should like it for her child; she then cruddled down, seemingly with intent to adjust her child's dress; she then stood up, and said she was very ill, and as we could not agree about the price, she must go; she put her hand upon mine, and said she was in a high fever, but she appeared to me to be in a damp swear; she went out of the shop, and in three or four minutes after she was gone out of the shop, the prisoner at the bar desired me to pick her out one of the best pair of stockings that was in the parcel, which I did, and then she put down one shilling and sixpence on the counter; they talked together different time in their own dialect, which I did not understand, which I believe to be Irish; when the prisoner put down the shilling and sixpence, I asked her what that was for; she said, it was the money she had agreed to give me for the stockings; I told her I should not

let her have them; she went away, and as soon as she was gone I missed ten silk handkerchiefs, I followed her about the distance of nine or ten houses, and told her I wanted to speak to her a my shop; she asked me what I wanted; I did not give her any positive answer, I brought her back into my shop; I rung the bell for the servant-maid, I desired my maid to keep her in custody. and I went out to meet with her companion; I was gone six or seven minutes, in the course of which time the prisoner had made her escape out of the shop; at the distance of about ten houses, as I was coming back. I saw my servant-maid with a gentleman's servant in pursait of her, I went with them and brought her back; the beadle of the parish was upon the spot, I brought her back and had her searched, but could not find the property; she was taken to Marlborough-street and committed.

Q. Did you ever find any of your handkerchiefs? - A. Yes, I found three of them since at a pawnbroker's; the officer belonging to the office found them.

Q. Should you know them again? - A. I know them no further than they were like them; the ten were all in one piece.

Q. Then you suppose, that at the time you saw her move her arm from the window, was the time when she took these handkerchiefs? - A. Yes.(The prosecutor produced three handkerchiefs).

Q. When had you seen them last? - A. About a quarter of an hour before the prisoner and the other woman came in.

Prisoner's defence. This gentleman called me in to know how I sold my fruit; his wife came into the shop, and said she did not want any; then I asked him to shew me some stockings, and we could not agree, and this woman, that he speaks of, came in while I was there for sixpence and six-pennyworth of halfpence, I never saw the woman before; I know nothing at all of the handkerchiefs.

NOT GUILTY .

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

Reference Number: t17981205-22

22. JOHN COLLEY was indicted for breaking and entering the dwelling-house of Margaret Johnstone , about the hour of eight in the night of the 26th of November , with intent the goods in the said dwelling-house burglariously to steal, and stealing ten pair of cotton stockings, value 30s. eighteen cotton pocket-handkerchiefs, value 18s. two yards of calico, value 2s. thirty yards of ribbon, value 20s. four pair of men's silk gloves, value 4s. the property of the said Margaret.

MARGARET JOHNSTONE sworn. - I live in Whitechapel , I keep a shop ; one side is a chandler and grocer's, and the other side a haberdasher's and hosier's. On the 26th of November, about a quarter after eight, I was in the shop snussing the candles, every thing was then safe; about twenty minutes before nine, I was informed that a pane of glass was cut out, and the property stolen; I looked out, and found the windows broke, there was one pane cut clean out; I then sent down to the Police-office; I missed the property mentioned in the indictment. (Repeating them.)

WILLIAM CRESS called. - Q. How old are you? - A. Twelve years of age.

Q. Do you know the nature of an oath? - A. No.

Q. Do you know what will become of you if you swear safely? - A. I shall go to hell. (He is sworn.) I live in a yard in Whitechapel, facing Mrs. Johnstone's.

Q. Look at the prisoner, did you ever see him before? - A. Yes, I saw him standing at a post the corner of Great Garden-street, with another lad, facing Mrs. Johnstone's window; he came up to the window with something in his hand, and he rubbed his hand round the window, and took the glass out, and then he came and stood by the young lad at the corner of the post again; then he went up to the window, and stood about ten minutes, and then he came down to the other young man again, and gave him something out of his bosom, I did not see what it was, and then they both went up Whitechapel, and then there were three came; then the prisoner went to the window, and the other two watched him; one stood by the Dolphin, next door to Mrs. Johnstone's, and then he went over to the one that was the other side of the way, and gave him something out of his bosom into his lap.

Q. How long after the first time was that? - A. About a quarter of an hour.

Q. How saw off were you? - A. About twelve yards, I was standing by the comb-maker's, next door but one to Mrs. Johnstone's, and then they all three went up Whitechapel, as far as the church; then the prisoner and one of them stood up by Whitechapel church, and then the tallest of the three came to Mrs. Johnstone's window, and took something out of the window, and put it in his own lap, he had an apron on, and then he went away, and then a butcher's man pushed him over in the dirt, and then he run up Whitechapel as hard as he could run.

Q. Did you know the prisoner before? - A. Yes, very well by sight, I have often seen him, but I do not know where he lived, I know them all by sight, the other two looked like weavers.

ANN RACKSWORTHY sworn. - I live at No. 6, Buckle-street, Whitechapel.

Q. Do you know the prisoner at the bar? - A. Yes, he lives in the same house with me.

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

Q. Does he live there? - A. No; the prisoner and Ingleton went out of my room about six o'clock in the evening, Ingleton returned at nine o'clock, he brought in some cotton, put it down, and said, he should be back for it presently, he did not come at all for it; the officers came the next morning, and found it; the prisoner came back about twelve, and I told him Ingleton had been and left the cotton, and he made me no answer.

Q. Had he seen the cotton? - A. I do not know.

Q. Where had you put the cotton? - A. In a drawer; the officers came the next morning about ten, and found it in the drawer; I told them that Ingleton had brought it and left it there, saying, he would call for it again.

Q. What sort of a man is Ingleton, is he taller than the prisoner? - A. He is almost a head taller.

Q. Where does he live? - A. I do not know; he is a shoemaker by trade.

Q. Had he an apron on? - A. Yes.

Q. Had the prisoner an apron on? - A. Yes; he is a stay-maker.

Q. (To Cress.) Do you know Ingleton? - A. No.

Q. Were either of them taller than the prisoner? - A. Yes, one was a head taller, and the other was taller than him.

Q. Had they all aprons on? - A. Yes, all three of them.

JOHN GRIFFITHS sworn. - I am one of the officers of Lambeth-street. On Monday evening I received information of Mrs. Johnstone's house being broke open; I went to Mrs. Johnstone's, I saw the window broke open, and, in company with one of my fellow officers, and this boy, that has been giving evidence, and a butcher's man, I went to a great number of houses that were used by these sort of boys, and the next morning I heard that my brother had taken Colley; my brother then informed me where he lived; I went with him to No. 6, Buckle-street, where he lived: I searched his room, and in a drawer I found some cotton, which is here; I took it to Mrs. Johnston's house, and shewed it her: it is here.

Q. You took Racksworthy into custody, did not you? - A. My brother did, and she was admitted an evidence.

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

THOMAS GRIFFITHS sworn. - On Tuesday morning I was going to the Public-office, and I met with one of my brother officers, who informed me that a window had been cut, and some property stolen; I called to Nowlan to go with me; I then went to the prisoner's father's house, No. 11, in Old Montague-street, Whitechapel, and asked him whether his son Jack was at home, and he said, yes, he was; I then took him in custody; he had only gone to his father's; he lived, as I found afterwards, in Buckle-street; I asked him what time he came home last night; he said, he came home about nine o'clock, I asked him whether he had been out again that night or not; he said, no, he had not; I then took him to the Public-office, and desired Smith, the officer, to take particular notice if any body came to the prisoner, where he directed them to go to; I then went down to the Flying-horse, in Lambeth-street, and staid about ten minutes; I went back, and Smith, the officer, told me, he had sent a person to No. 6, in Buckle-street: I then called John Nowlan , and we went to No. 6, in Buckle-street, and when we came in, I saw the prisoner's younger brother there; I asked him what brought him there, and he said, he came to speak to a young man that lived with his brother; I saw Racksworthy, I asked her if she knew any thing of Jack Colley that I had then in custody, and she said, no; Colley's brother came up and said, it is my brother Jack that he means; I then searched a large box that was there, and a small one, but I saw no property there, that I wanted; I then went back in company with Nowlan to the office again, and then my brother told me he had got a description of the property that was stolen; I then went back to No. 6, in company with my brother, and he searched the bureau, and found this property, and took it to the office. (The cotton produced.)

Mrs. Johnstone. I know this to be mine, I have had it in my window these six months.

Prisoner's defence. I know nothing about it; I was at work at my father's from five o'clock till ten at stay-making, I can prove it.

CHARLES COLLEY sworn. - I am a stay-maker; I am the father of the prisoner; he was at home from about six o'clock in the evening till ten, as near as I can tell, but I had no watch; I had a little work in a hurry, and I desired him to stay an hour longer to help me.

Q. What night was it? - A. It was Monday was a week, I think, at night.

Q. Was he working with you all the time? - A. Yes.

Q. And you are sure he was in your house from six to ten? - A. Yes.

Q. What was his business to do there? - A. He assisted me in my business.

Q. And after ten o'clock what became of him? - A. I cannot be sure where he went.

Q. Did he sleep in your house that night? - A. No, he did not that night, he had other nights before, but not that night.

Q. Was his constant sleeping place at your house? - A. Yes.

MARY CRESS sworn. - My boy is only twelve years of age, and the only objection I have to his giving evidence is, that he is too young to know the consequences of what he is saying.

Q. You are his mother, are you not? - A. Yes.

Q. Have you never taught him his catechism? - A. He is not perfect in it.

Q. He says, if he swears that that is false, he shall go to hell? - A. Because he has been taught so since.

Q. How do you know that? - A. He told me so himself.

Q. (To the Boy.) Your mother says, you have told her, that you have lately been taught the nature of an oath? - A. I never told her any such thing.

Q. You know you told me before, that the nature of your oath was, that if you spoke any thing falsely, you would go to a bad place? - A. Yes.

Q. Now do you believe that? - A. Yes.

Q. And do you believe that you shall be liable to be punished here and hereaster, if you say that that is false? - A. Yes.

Q. Who taught you that? - A. My master, when I went to school.

Q. What was his name? - A. Mr. Dawson.

Q. How long ago is it since he told you the nature of an oath? - A. About a year ago.

Q. Has your mother said any thing to you about this? - A. No.

Q. Then is all that you have told us in this place to-day true? - A. Yes.

Mary Cress . My boy has not been to school to Mr. Dawson since he was three years of age.

Q. Was he there before he was three years of age? - A. Yes.

Q. What did you send him to school for before he was three years of age? - A. People sometimes send children to school to keep them out of the way.

Q. And you have not sent him to school since? - A. No, I am a poor woman.

(To the Boy.) Q. Your mother says, you have not been sent to school since you were three years of age? - A. I went to school at ten years of age, and six months ago.

Jury. Q. Did you learn any thing else besides reading when you went to school at Mr. Dawson's? - A. I learnt my catechism, and they told me if I told a lie, I should go to a bad place.

Jury. Q. Did you learn to write there? - A. No. Re-examined by the Court. Q. Did you learn he whole of your catechism? - A. Yes.

Q. Did you learn the commandments? - A. Yes.

Q. What is the third commandment? - A. Thou shalt not take the name of the Lord thy God in vain.

Q. What is the ninth commandment? - A. Thou shalt do no murder.

Q. No, that is the 6th - Do you remember any commandment about bearing false witness? - A. Yes.

Q. Repeat that commandment? - A. I forget it.

Q. Do you remember any commandment that begins, thou shalt not bear false witness? - A. Yes, against they neighbour.

Q. Then you know that if you bear false witness against your neighbour, you will be punished here as well as hereafter? - A. Yes.

ELIZABETH DURELL sworn. - The prisoner is our neighbour, and he never did any of us any harm; he was on board a ship at the time of the mutiny, and was turned out for being sick.

Q. Where does he live? - A. In Old Montague-street.

Q. Then he has nothing to do with Buckle-street? - A. I do not know Buckle-street.

MARY READ sworn - I live in the neighbourhood, and have known him from four years of age, and I knew when he went to sea, and he has, ever since he came from sea, been with his father in Montague-street.

Q. Did he always live in Montague-street? - A. Yes.

Q. He used to sleep there and no where else? - A. Yes.

John Griffiths . Mrs. Cress has been doing all she could to get the boy out of our possession; he was, by order of the Magistrate, kept in our custody to give evidence. She came last night to the Flying-horse, and insisted upon taking him away; she said, we had trapanned the boy; she had been there before, and was acquainted by the people of the house that the boy was very safe, and wanted for nothing. I last night sent to the boy's father, to let him know where he was, and that he was very safe.

Q. (To Mrs. Cross.) Have you heard what John Griffiths says? - A. Yes.

Q. Is that true? - A. I sent down, and they sent word he was safe; then I went down again; my husband and I were very uneasy, and I said, if he staid, I would stay, and they called me all the b-s and names they could think of.

Q. Did they tell you he was kept there by order of the Magistrate? - A. Yes; and I said, I wished I could see the Magistrate.

Q. What did you want to see the Magistrate for? - A. To know why my boy was detained.

Q. They told you it was to give evidence, did not they? - A. No, they did not give me any satisfactory answer at all.

GUILTY Death . (Aged 16.)

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

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

Reference Number: t17981205-23

23. WILLIAM SMITH was indicted for returning from transportation .

JAMES WAITHMAN sworn. - On the 21st of October last I met the prisoner in the street, and upon my looking at him, he ranaway; I am waiter at the Blue-posts, Russel-street, Covent-Garden; I pursued him, and took him; he asked me what he had done; I told him I would let him know another time what he had done, it was of no consequence; I then brought him down to Carpmeal's, in Bow-street, and from there to Covent-Garden watch-house; on the 22d I took him before the Magistrates at Bow-street, where I charged him with felony, in consequence of which he was committed.

Q. Had you ever seen him before? - A. Yes; I took him not for this particularly, but for other things.

JOHN SIMPSON sworn. - I am servant to Mr. Kirby, (produces a copy of the prisoner's conviction); I had it from Mr. Shelton's office,(it is read); I attended the bar at the time he was convicted; I know his person perfectly well; I was likewise at the delivery of him at Woolwich, with Mr. Kirby.

JOHN NOWLAN sworn. - He was delivered on board the hulk on the 2d of November, and escaped the 23d of July last.

Prisoner. Q. What character did I bear while I was on board the hulk? - A. He coaducted himself very properly.

The prisoner did not say any thing in his defence, but threw himself on the mercy of the Court.

GUILTY Death . (Aged 20.)

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

Reference Number: t17981205-24

24. WILLIAM KNIGHT DENZELOU was indicted for forging and counterfeiting on the 26th of October , a certain order for the payment of money, that is to say, 7l. 14s. 4d. with intention to defraud John Patrick the elder , and John Patrick the younger .

Second Count. For uttering and publishing the same as true, knowing it be forged.

There were two other Counts, charging him with the like forgery, and uttering the same, with intentien to defraud Peter Esdaile , Sir Benjamin Hammett , William Esdaile , and John Hammett .

JOHN PATRICK sworn. - I am a linen-draper , No. 13. Mary-le-bonne-street, Golden-square, in partnership with my son; his name is John.

Q. Look at the prisoner at the bar, do you recollect his applying to you at any time in October last? - A. Yes, on Friday, the 26th of October, about three o'clock, he came into my shop, and wanted to look at some Irish cloth; I was busy with a customer, and the next witness, Jackson, will inform you what he was served with; while I was writing at the desk, my servant came and brought me a check upon Sir James Esdaile .

Q. By a check, do you mean an order for payment of money? - A. Yes, I do.

Q. Do you know from whom he received that? - A. No; I looked at it, and the prisoner called out, and said, Mr. Patrick, it is as good as the Bank.

JAMES JACKSON sworn. - I am servant to Mr. Patrick: On the 26th of October the prisoner at the bar came into our shop; Mr. Patrick was in the shop; I shewed him a piece of Irish, a yard of cambric, a yard of muslin, in all amounting to 5l.5s. 3d. which he bought; he then presented to me a check; he said, he had not quite enough cash in his pocket; I gave the check to Mr. Patrick; the prisoner then said, it was as good as the Bank; Mr. Patrick gave him 2l. 9s. 6d. in change; the check was for 7l. I4s. 4d.; he then desired the goods to be sent to Rathbone-place, to a feather warehouse; I took them to the house, it was a Mr. Lewis's.

Q. Did you see the prisoner there? - A. No.

Q. Did you enquire for him? - A. Yes, by the name of Lewis, he gave me no other name.

Q. Did he say his name was Lewis? - A. No, he desired them to be sent to Mr. Lewis.

Q. He did not tell you his name then? - A. No, he did not.

Q. When you got to Rathbone-place, you found Mr. Lewis's, but did not see the prisoner? - A. I did not.

Q. When did you see the prisoner afterwards? - A. On the 24th of November, at the office, in Hatton-garden.

Cross-examined by Mr. Knowlys. Q. You did not know this person at all? - A. No.

Q. Had you ever seen the prisoner before? - A. No.

Q. Nor you did not see the prisoner at all till the 24th of November, which is about a month after the transaction? - A. No, I did not.

Court. Q. You never saw the prisoner before? - A. To the best of my knowledge I never did.

Q. How long might he continue in the shop

with your master and you? - A. Near half an hour, I cannot exactly say the time.

Q. When you saw him, did you know him again? - A. I did.

Q. Have you the shadow of a doubt at this moment, that he is the same man you saw in your shop, or not? - A. I am certain he is.

JOHN PATRICK sworn. - I am son of the prosecutor; I took the check to the bankers, Sir James Esdaile , Hammett, and Esdaile's.

Q. Was the money paid? - A. The clerk paid me down the money at first, and then said, you will stop a minute, if you please.

Q. What is the clerk's name? - A. Beesley, I think; he then went to the other side of the shop, and talked to another clerk; he shewed him the check, and then came and told me it was not worth any thing; he hoped we had not given the value for it.

Q. In short, he refused to pay it? - A. Yes, I brought the check home, and gave it my father.

Mr. Patrick, senior. This is the check I received from Jackson. (Producing it.)

Jackson. I received this form the prisoner.

Jackson. Cross-examined by Mr. Knowlys. Q. How do you know that is the check you received from the person who bought those goods? - A. It has got my name upon it.

Q. Did you put your name upon it before you gave it to Mr. Patrick? - A. No.

Mr. Patrick. I received it from Jackson, and put it among my other notes, till I sent my son to the banker's with it; Jackson did not put his name upon it till two hours after.

Court. Q. Are you sure that is the check you received from Jackson? - A. Yes.

Mr. Knowlys. Q. What was the change you gave him? - A. 2l. 9s. 6d.

Q. The goods you sold were 5l. 5s. 3d.? - A. Yes; he called to me, and said, do not you give a discount for ready money; I said, I supposed our young man had sold the goods as low as he could, and therefore I could not afford to allow a discount, and I believe he had six-pence or seven-pence abated.

JOSEPH BEESLEY sworn. - I am a teller, or cashier, in Sir James Esdaile 's house.

Q. Do you remember one of the witnesses coming to you with that check - have you seen that check before? - A. I am not certain that I have.

Q. Do you recollect any person coming with a check? - A. I cannot say I did.

Q. Then do you know the hand-writing of William Golding ? - A. No, I know no such person.

Q. Then there is no such person as William Golding that keeps cash at your house? - A. No.

Q. Where is the shop that you keep? - A. No. 21, Lombard-street.

Q. I see that is dated No. 2I, Lombard-street? - A. It is one of our shop checks.

Q. There is no person of that name in your house? - A. None.

Q. Do you know any person of that name, William Golding , in Lombard-street? - A. No.(The check read).

No. 1896. No. 21, Lombard-street, 26th Oct. 1798.

Sir James Esdaile , Esdaile, Hammett, Esdaile, and Hammett, pay to Mr. Clarke, or bearer, 7l. 14s. 4d.

7l. 14s. 4d. Signed, Wm. Golding .

Cross-examined by Mr. Knapp. Q. You do not know whether there may not be a recent account opened in that name? - A. I know that there is not.

Q. You are not certain of the check, nor the person? - A. No.

Q. (To John Patrick.) Look at that check again, and tell me whether you recollect the gentleman that stands by you? - A. Yes, I do, perfectly well.

Q. Mr. Beesley was in the shop at the time? - A. Yes.

Q. You are sure you presented the check to him? - A. Yes, I am; I then carried it home, and gave it to my father.

Mr. Knapp. (To Beesley.) Q. The knowledge you have, of who has an account opened or not, is from your books? - A. Yes.

Q. It must be a reference to a book which furnishes you with the knowledge whether there is or not an account opened? - A. Yes.

Q. That book is not here? - A. No.

Court. Q. Does your house keep accounts but in a book? - A. Certainly not.

Court. Q. Have you looked carefully over your books? - A. I have; I can venture safely to swear there is no such account in the books.

GEORGE LONGDEN sworn. - I am an officer belonging to Hatton-garden Office, the prisoner was brought to the office; Joseph Inwards and I searched him in the office, and found this check in his pocket, in a small leather purse; there were two half-guineas and three shillings besides in the purse.(Produces it).

Court. That check is upon another house, we cannot enquire into that.

JOSEPH INWARDS sworn. - I searched the prisoner in our office, and found upon him these checks,(producing them); four filled up, and six blank.

Q. Look at that check, (the check in question); do they appear to be in the same hand-writing? - A. They are all the same hand-writing, and this is

signed William Golding; here are two others in the same name.

Court. (To Beesley.) Q. Of whom does your house consist? - A. Peter Esdaile , Sir Benjamin Hammett , William Esdaile, and John Hammett .

The prisoner left his defence to his Counsel.

For the Prisoner.

Sir JOHN EAMER sworn. - Examined by Mr. Knapp. Q. You live in Wood-street, and are one of the Aldermen of the City of London? - A. Yes; I have known the young man at the bar seven or eight years, his father was a very respectable agent to our house; when he came to London, I took some pains to get a situation for him; I went to Smith and Payne's, bankers, I recommended him there, and I observed that he made great improvement, and was a very clever young man.

Court. Q. How long ago is that? - A. There or four years.

JOHN SMITH , Esq. sworn. - Examined by Mr. Knapp. Q. This young man, by recommendation of Sir John Eamer , was taken into your house? - A. Yes; he was in our house, as a clerk, nearly five years.

Q. And your's is a banking-house? - A. Yes; during the time he was in our house, he behaved with the greatest integrity, and I certainly had a high opinion of him.

Q. Your's being a banking-house, of course he had opportunities of being dishonest to a considerable amount, if he had so thought sit? - A. Certainly.

GEORGE BAGSTER sworn. - Examined by Mr. Knapp. I am retired from business, I live at Pancras; I have known the prisoner from his early youth, I have been intimately acquainted with his family, he is a young man of unshaken integrity; I have looked at him, and seen a particular energy and attention in his daily employment.

GUILTY Death . (Aged 23.)

Of uttering the note knowing it to be forged.

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

Reference Number: t17981205-25

25. JOHN JONES , WILLIAM GEE , otherwise GEEVES , and THOMAS PHILLIPS , were indicted for that they, on the 11th of November , two wether sheep. value 24s. the property of John Willan , feloniously did kill, with intent to steal the whole carcases of the said sheep .

JOHN WILLAN sworn. - I live in Hatton-garden: I lost two wether sheep from the neighbourhood of Hornsey-wood .

Q. When had you last seen those sheep? - A. I saw them almost every day.

Q. Did you see them on the 11th of November? - A. I do not think I did; a servant of mine can peak better to that; I know nothing of the prisoners, I can only speak to the marks upon the sheep.

THOMAS GROVES sworn. - I am servant to Mr. Willan, I had the care of his sheep: On the 12th of November I missed two sheep.

Q. What fort of sheep were they? - A. I cannot say justly, they were wethers; I think I had seen them on the 11th.

Q. Did you ever find the sheep again? - A. No; but I found part of them in one corner of the field; there were nothing left but the entrails and the blood, and two legs cut off; the sheep were all marked with a small W.

A. Do you know either of the prisoners? - A. No; I never saw them before.

GEORGE WHEELER sworn. - About three months ago I sold four hundred of these sheep to Mr. Thomas Willan, and he let his brother have two hundred of them; and the mark upon the sheep that were found upon the prisoners was the same mark that there was upon those that I fold to him, it was a Won the off-shoulder; I cannot say that they are his, because I have sold many hundreds to other gentlemen with the same mark.

WILLIAM BLACK sworn. - I belong to the Bow-street patrol: On Sunday evening, the 11th of November, about seven o'clock, as I was going down Ball's-pond-common, I heard a muttering on the off-side of the road, it was very dark, I could not see; I and my party crossed over the road, and there were the three prisoners; Phillips had this bag upon his shoulder; we brought them across the way to the foot-path, and then we took them all to the Tull-house at Ball's-pond Turnpike, there we searched them; and after we had searched them, I secured them, I tied their hands; after I had secured them, I said, now let us see what is in the sack; I went to open the sack, and Gee said, you need not give yourself the trouble to do that, it is only a bit of a lamb that we have been making free with, which we ought not to have done; it had more the appearance of a sheep, it was so small, it was of the South-down breed; I found a knife upon Gee, and when I came to examine it, I found the handle full of blood; I examined the sack, and found a sheep in it, without entrails, with the skin on, and with the feet on; the skin had a small W upon the off-shoulder; I secured them, and took them to the watch-house, and the next day I went down to Mr. Willan's, and informed his servant what I had discovered, and by the marks upon this sheep it appeared to be one of his; I then went to the Bull-and-mouth Inn, and left word for Mr. Willan to attend at Bow-street, which he did, and there he saw them; the other sheep was found, and both were taken to Bow-street; as far as I

could see, the mark corresponded exactly with those in Mr. Willan's field.

Cross-examined by Mr. Alley. Q. Whereabouts did you take the prisoners? - A. At Ball's-pond Common.

Q. Gee told you it was a lamb, that he had been making free with? - A. Yes.

Q. It appeared to you to be a lamb more than a sheep? - A. It certainly did.

THOMAS MAYHEW sworn. - I am one of the patrol belonging to Bow-street, I was with the last witness: On the 11th of November; as I was going down Ball's-pond Common, I heard a noise under a hedge; I immediately crossed over, where I saw three men standing, I saw Phillips with something upon his shoulder; I asked him, what have you got here; he made answer, it was a piece of meat; I then, with the assistance of my partner, took them up to Ball's-pond Toll-house; when we came to Ball's-pond Toll-house, I searched Jones, and found upon him a knife, bloody, with some wool shut into it; Mr. Black, my partner, opened the bag, from which he took a sheep; Gee, I believe, at the opening of the bag, made mention there was no occasion for him to open the bag, says he, it is a bit of lamb that we have been making free with, a thing that we should not have done, then we took them to the watch-house, and from thence before a Magistrate.

JAMES PURKIS sworn. - I was with the last witness at the apprehending the prisoners: They were brought up to Ball's-pond Toll-house, and searched; I took from Phillips; a tomahawk and a knife he had with him, (producing them); and that is all I know.

Cross-examined by Mr. Alley. Q. You do not mean to call that a tomahawk, it is a sugar-breaker? - A. I do not know what it is.

Q. I take it for granted you know there is a reward in this case, if there is a conviction? - A. Yes.

Q. You found the sheep with legs on? - A. Yes; the entrails were not in.

Q. There are many thousand sheep with the letter W upon them? - A. I cannot say.

Mr. Alley contended, that as the indictment charged them to be wether sheep, the witnesses not being able to say whether they were sheep or lambs, and the declaration of the Prisoners at the time being that it was lamb, the prisoners ought not to be put upon their defence.

Court. Upon this point of law I shall leave it to the Jury, upon the evidence, to say whether they were wether sheep or not. - You may make any observations you think proper, in arrest of judgment, but I think the justice of the country would be totally defeated if such an objection was to be admitted.

Gee's defence. When Mr. Black apprehended me, he took me to the Toll-house, and said, what have you got in your sack; I made answer, it is as we picked it up; that is all we know about it.

The other prisoners did not say any thing in their defence. The prisoner, Jones, called three, Gee, eight, and Phillips, two witnesses, who gave them a good character.

Jones, GUILTY Death . (Aged 43.)

Gee, GUILTY Death . (Aged 32.)

Phillips, GUILTY Death . (Aged 31.)

The prisoners were recommended to mercy by the Jury, on account of their good character.

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

Reference Number: t17981205-26

26. WILLIAM JONES and MARTHA JONES , were indicted for feloniously stealing, on the 23d of November , a pair of blankets, value 1s. 6d. a pair of sheets, value 12d. a quilt, value 12d. a bolster, value 3s. and a tea-kettle, value 9d. the property of Benjamin Prosser , in a lodging-room .

ANN PROSSER sworn. - I am the wife of Benjamin Prosser , I keep a house, No. 11, Broad-way, Westminster ; I let a lodging to both the prisoners together, on Monday the 27th of August; they were to pay me three shillings a week, and upon their neglecting to pay, I put a padlock on the door; about a week afterwards, I went into the room, and found the things mentioned in the indictment were gone.(Repeating them).

Q. Were those articles let as furniture in the lodgings? - A. Yes; they paid me for the furniture and the lodgings together; I have seen them all since in the hands of a pawnbroker, except one blanket, which I cannot swear to.

Cross-examined by Mr. Alley. Q. What is your husband's name? - A. Benjamin Prosser .

Q. Have you other lodgers? - A. Yes.

Q. You let them to the prisoners as man and wife? - A. Yes.

Q. Do not you know, now, that they are not really man and wife? - A. No; I do not know that.

Q. Have you not understood that they are not married? - A. That I cannot pretend to say.

Q. But be that as it may, you let the lodgings to them jointly? - A. Yes.

Q. How many weeks, after they came to lodge with you, did you miss them? - A. Last Friday was a week.

Q. Do not you know it is a common thing for people in your house to pawn things, in a momentary distress, and bring them back again? - A. They went away.

Court. I hold that to be no defence at all.

Q. And you put a padlock on the door that they could not return them? - A. They owed me a fortnight's rent, and two shillings.

Q. When did you apprehend them? - A. Last Saturday.

Q. Did you know where to find him? - A. I did not know where to find them; I knew she was lying-in in the workhouse.

Q. And you could find him, you know, being a soldier, at the Horse-guards? - A. I do not know.

Court. Q. You said you let the lodgings to them both? - A. Yes.

Q. Who did you look to for the money? - A. I looked to him, thinking them to be man and wife.

JAMES JONES sworn. - I am servant to a pawnbroker, (produces the whole of the property mentioned in the indictment); I only took in the sheets; I took them in of the woman at the bar, on the 6th of October; I had often seen her.

Q.(To Mrs. Prosser.) Was any duplicate taken from the woman? - A. Not that I know of.

Mr. Alley. (To Jones.) Q. She came sometimes to pawn things, and sometimes to redeem them? - A. Yes.

Q. When she is in distress she pawns, and when she gets money again, she redeems? - A. Yes.

Court. Q. Do you mean to speak of any particular instance in which she has done that? - A. No.

Court. Q. Do you mean to say, that she had frequently pledged things and redeemed them again? - A. Yes, she has.

Court. Q. Do you mean these particular articles? - A. I cannot say that.

JOHN LUCAS sworn. - I am a pawnbroker,(produces a bolster, blanket, and a tea-kettle): they were pawned at different times; the bolster was pledged on the 15th of September, the blanket on the 1st of September, and the tea-kettle on the 12th; I have left my master two months.

Jones. I have had the care of them ever since.

JOHN MARSDEN sworn. - I am an officer belonging to Queen-square: I know nothing of it, further than apprehending the prisoners; I found nothing upon either of them.

Mr. Alley contended, that as to the woman prisoner, if she was the wife of the man, she being under coverture, of course must be acquitted; and that, if she was not the wife, she ought to have been indicted for a common law larceny, and not upon the statute upon which this indictment is framed, the contract for the lodging being made with him. The learned Counsel also contended, that there was no evidence to she what the property was taken with the privity or consent of the man prisoner.

Court. I am of opinion with you, that if the woman did this without the knowledge of the man, he ought to be acquitted; but, on the other hand, I think there is a case to go to the Jury, from the circumstances under which this property was pledged, upon the subject of privity, they both living together.

Both NOT GUILTY .

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

Reference Number: t17981205-27

27. JAMES STONE was indicted for feloniously stealing, on the 10th of November , twelve pair of leather boots, value 12s. the property of Baltis Ford .

BALTIS FORD sworn. - I am a shoemaker , I keep a shop , No. 31, Swallow-street, but the property was stolen out of the front garret of a house that I have in Leicester-street, Golden-square . On the 26th of October I sent ten pair of boots to this garret, and on the 10th of November following, a person came to me one Saturday evening, to know in what manner I marked my boots; I told him, I marked them with the initials of my name; in consequence of his information, I went with him to his house, where the boots were, his name is Supple; when I came there, I found four pair, all of them marked with my initials; he then produced me some more boots that he had bought of the same man a fortnight before, in all six pair; I found three pair in Monmouth-street, but that man is not here; I found three more pair in Broad-street, St. Giles's on the Monday following.

Q. Do you know any thing of the prisoner? - A. Yes, he worked for me in the back garret at that time.

- SUPPLE sworn. - I am a shoe-maker: On a Saturday night, about a month ago, I did not take an account of the day of the months, I bought three pair of boots of the prisoner; about a fortnight intervening, he came with four pair more on a Saturday evening; when I came to look over the boots, I found some letters upon the straps, which, upon looking at, I found to be B F; I then suspected they were Mr. Ford's; I sent to know his initials; he came down in consequence of it, and claimed them to be his; I had sold one pair of them; I shewed him in all six pair; I have had them from that time to this.(Produces them).

Q. Are you sure these are the boots you received from the prisoner? - A. Yes.

Q. Did the prisoner give you any account of them at all? - A. He told me had bought them at Knightsbridge, that he got a small trifle by them, and I ought to have given him something more for them.

WILLIAM ROGERS sworn. - I am a shoemaker, No. 47, Broad-street, St. Giles's; the prisoner brought me three pair of whole boots on Saturday the 10th, I think, of last month; I

bought them of him; he told me he had carried them a great way, and had only got six-pence profit by them. On the Monday after Mr. Ford called upon me, and I told him I had bought such things; they had the initials of B F upon them, and Mr. Ford claimed them.

Mr. Ford. I missed fifteen pair, there were only four dozen and nine left out of six dozen; they are all second hand boots; these are all mine, I have my initials on them.

Q. This property was found at the distance of about a fortnight after you had put your initials upon the boots - had you sold any of them? - A. No, I had never marked any till I had marked that six dozen; I had not sold any that I had marked.

Q. How long has the prisoner worked for you? - A. About three months.(Rogers produces three pair of boots.)

Ford. These are marked in the same way.

The prisoner did not say any thing in his defence. GUILTY .

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

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

Reference Number: t17981205-28

28. JOHN NEWTON and MARY HAWKINS were indicted, the first for feloniously stealing, on the 25th of June , a table-cloth, value 5s. a pair of silk breeches, value 1l. a silk waistcoat, value 5s. a pair of hose, value 1s. two handkerchiefs, value 1s. a shirt, value 5s. and a neck handkerchief, value 6d. the property of Timothy Tyrrell , Esq. and Mary Hawkins for receiving the same, knowing them to be stolen .

TIMOTHY TYRRELL , Esq. sworn. - Q. You are Remembrancer of the City of London ? - A. Yes; the prisoner, Newton, was a servant of mine at the time I lost the property, in the capacity of footman ; there had been a number of articles missed before those mentioned in the indictment; they were supposed to have been taken by some workmen. On Sunday, the 18th of November, he was apprehended by Clark, the Marshalfman, and carried to the New Compter. I desired Clark to call upon me in his way back from the Compter, and we would search his boxes, and in his box, which was in his bed-room, this pocket-book was found in my presence by Clark, the Marshalsman, and, among other duplicates in it, were found these two, which led to the property mentioned in the indictment. On the Monday I applied to the pawnbrokers, and desired them to produce the articles, they are here; I know them to be mine by the marks.

Cross-examined by Mr. Alley. Q. How did you get at the key of the box? - A. He said he had not the key about him, but it was in one of his pockets in the bed-room.

Q. And you found it exactly as he had directed you? - A. Yes; I am not sure whether it was a coat or waistcoat pocket.

Q. Were they his clothes? - A. Yes.

Q. You had other servants in your house? - A. Yes.

WILLIAM SIMPSON sworn. - I am servant so a pawnbroker, Mr. Parker, No. 175, Fleet-street, (produces all the articles mentioned in the indictment); they were brought to me by the woman prisoner, in the name of Ann Hawkins , on the 25th of June last.

Q. Had you ever seen her before? - A. Yes, I knew her person perfectly well, I lent her eighteen shilling and six-pence upon them, and they were pledged in two parcels; she frequently brought things in the name of Mrs. Witts.

Mr. Tyrrell. I know this table-cloth to be mine by the mark TET; I have no doubt but they are all mine.

Mr. Alley. (To Simpson). Q. A person of the name of Hawkins brought these things to your house? - A. Yes.

Q. And you only say they were brought by a person of that name, because you see the name of Hawkins upon the duplicate? - A. I knew her.

Q. This was in the month of June last? - A. Yes.

Q. And because it is so written upon this ticket, you suppose it to be her? - A. Yes.

Q. Suppose Mr. Tyrrell had come to you, and asked you if you had any such things, could you, by looking at the articles, without looking at the duplicates, have known that they were brought by her? - A. No.

Q. Therefore, it is only from that circumstance, that you say they were pledged by Ann Hawkins ? - A. Yes.

Court. Q. Can you undertake positively to say, that the woman at the bar is the woman that pawned those things? - A. Yes, she is.

JOHN CLARKE sworn. - On Sunday, the 18th of November, I searched the prisoner's box, I took him into custody; in the box I found a pocket-book, in which were four duplicates, I gave them to Mr. Tyrrell; I unlocked the box with the key which I found in one of his pockets, I cannot say which, of some clothes that were behind the bed.

Q. (To Mr. Tyrrell.) Do you yourself know any thing of Hawkins? - A. I never saw her till she was taken into custody.

Newlon's defence. I leave my defence to the Court; it is the first offence I ever committed.

Hawkins's defence. This young man came to

me where I live, and asked me to do him a favour I went out with him, and he gave me a bundle to pledge; I had used the house four years with my own articles; I did not know what the contents of the bundle were.

For the Prisoner Hawkins.

JOANNA WITTS sworn. - Hawkins lived with me three years; I had sent her a great many times to pawn things for me at Mr. Parker's.

Q. Is it not a common thing for one person to desire another to pawn articles for them? - A. Yes. when a payment is wanted to be made; I always found her a very honest girl.

Court. Q. What is your husband? - A. A cap tain.

Court. Q. Did she live with you in July last? - A. Yes; she at first came to me and took a room at half-a-crown a week, and then I took her to do for me, and she was with me till about three weeks ago.

The prisoner Newton called two respectable gentlemen, with whom he had lived as footman, who gave him a good character.

Newton, GUILTY .

Hawkins, NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

29. JOHN NEWTON and MARY HAWKINS were again indicted, the first for feloniously stealing, on the 31st of August , two shirts, value 10s. three pair of silk hose, value 3s. two pair of other hose, value 2s. seven pocket-handkerchiefs, value 4s. and two neckcloths, value 1s. the property of Timothy Tyrrell, Esq. and the other for receiving the same goods, knowing them to have been stolen .

TIMOTHY TYRRELL , Esq. sworn. - In consequence of having missed many articles, the prisoner was apprehended on Sunday the 18th of November; I found the key of his box in the prisoner's coat or waistcoat pocket, by his direction; I opened the box, and in the box was this pocket-book, which contained this duplicate, and three others; this is the duplicate which relates to the articles in this indictment; the name in the duplicate is Thomas Jones , I have kept it ever since; I saw the articles at the pawnbroker's the next day; upon many of the articles my name is written at full length.

JAMES MORRIS sworn. - I am a pawnbroker, servant to Mr. Parker, in Fleet-street. (Produces two shirts, six pair of hose, and ten handkerchiefs.)

Q. Who pawned these things? - A. A man, in the name of Thomas Jones.

Q. Is the prisoner at the bar the man? - A. I cannot recollect the man; the woman prisoner brought the parcel first, and I asked her if they were her's; she said, she would fetch the person they belonged to; she went and fetched a man in, I cannot say whether that is the man or not; I asked him if the property was his, and he said, they belonged to a brother-in-law of his that was deceased; there were opened in her presence; there was one handkerchief marked with a name at length.

Q. Do you know if she had that in her hand? - A. Not in my presence, she had not.

Mr. Tyrrell. This is a handkerchief that is marked at full length; I believe they are all mine.

Newton's defence. The crime that I was convicted of before I was innocent of, but this I am guilty of.

Newton called the same two gentlemen who had given him a good character on the former trial.

Hawkins's defence. I am quite innocent of any thing of the kind; this young man brought me into it.

JOANNA WITTS sworn. - Hawkins lived in my service three years, till she was taken up; I always found her very honest.

Newton, GUILTY (Aged 23.)

Transported for seven years .

Hawkins, NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17981205-29

30. THOMAS STREETCH was indicted for feloniously stealing, on the 9th of December, 1796 , eight pounds weight of soap, value 5s. the property of Christopher Watson .

CHRISTOPHER WATSON sworn. - The prisoner was my servant ; I had frequently missed soap out of my warehouse, in consequence of which I marked a parcel; I employed a person to watch the prisoner, if he took any of it away; I know nothing of it myself.

JAMES BUMSTEAD sworn. - I was at Mr. Watson's upon business, and he desired me to watch the prisoner; I saw him come out, and I saw Dadd, the receiver, go up the street; I saw him look in at Mr. Watson's window; he walked a little way up the street, and came back again, and when he came back again, the prisoner at the bar came out with something which I took to be soap; Dadd held up his apron, and he put it in; there was another person with me, and I said, let us lay hold of him; he said, no, let him alone a bit, and then the prisoner at the bar went in and brought out more; I opened the door directly, and took Dadd by the collar, and said, I insist upon seeing what you have got in your apron; I looked, and found it contained soap, and the other person took the prisoner; a constable was sent for, and they were then taken away.

Q. When was this? - A. Near two years ago.

Q. How came the prosecution to be postponed so long? - A. The prisoner got out of the Poultry Compter, and has not been taken till very lately.

Cross-examined by Mr. Knapp. Q. This is two years ago, is it not? - A. I think it is nearly two years.

Q. It happened in the dusk of the evening? - A. Yes.

Q. In what street? - A. Mark lane.

Q. Mark-lane is pretty wide across? - A. No, it is very narrow.

Q. Will you swear that? - A. Yes; where this happened I could step across at two steps; it is about seven yards over.

Q. What time was it? - A. About five o'clock, about this time of year, or a quarter before five.

Q. Then I should think it must be pretty near dark? - A. I do not exactly say it was that time, but it was light enough for me to see them.

Q. It was about this time of the Year? - A. I do not know what time of year it was.

Q. Perhaps it was in June? - A. No, it was in December.

Q. So at seven yards distance, you would have his Lordship and the Jury believe you could see what passed from one man's hand into another's apron? - A. Yes.

Q. Do you mean to swear that it was soap that that was put in? - A. I found it to be soap when it was taken out, and it appeared to me to be soap when it was put in.

Q. And your memory is as good now as it was at that time? - A. Yes, in that point.

Court. Q. Had you my conversation with the prisoner respecting it? - A. No.

JOHN CRANE sworn. - (Produces the soap.)I took it out of the receiver's apron; I have had it locked up ever since.

Mr. Watson. I believe this to be the soap that I marked, I put this plug into it.

Mr. Knapp. Q. Had you marked all you had in your shop? - A. No, I marked about fifty bars that were at the top of the pile.

Q. When did you mark it? - A. The day before it was left.

Q. Do you sell all the soap in your shop by yourself, or by the servants under you? - A. I mostly sell it myself.

Q. Between the time that you marked the soap, and the time that you lost it, had you yourself sold any? - A. No.

Q.Of course you would not undertake to swear that your servants had not? - A. I do not know that they had, I cannot say positively.

Q. Then a you do not always sell yourself, but your servants sell at times, will you venture to swear that your servants might not have sold this soap, and so gone out among the public? - A. To my knowledge I did not.

The prisoner left his defence to his Counsel, and called five witnesses, who gave him a good character. GUILTY (Aged 27.)

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

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

Reference Number: t17981205-30

31. JOSEPH POINTER was indicted for feloniously stealing, on the 30th of November , eight pounds of copper, value 9s. the property of William Moore , William Boyd , and Neal Macneal .

Second Count. Laying it to be the property of Neal Macneal.

Third Count. Laying it to be the property of persons unknown.

(The case was opened by Mr. Gurney.)

THOMAS HICKES sworn. - Examined by Mr. Gurney. I am foreman to Mr. Mesteares, ship-builder; the ship Two Friends was at our yard to be sheathed last Friday was a week.

Q. Where did you receive the copper from? - A. From Mr. Saville's.

Q. Do you know the prisoner? - A. Yes, he was employed by Mr. Mesteares; he was at work outside the ship, but had nothing to do with the copper at all.

Q. Did you observe him do any thing whatever particularly? - A. I missed him three or four times a day from his work, between two and three in the afternoon; I went round the ship to look for him; I saw a labourer, John Eddis , standing at the door of a shed that he has for putting his tools in; I called Eddis away to his work, and I saw Pointer there; I asked him what he was doing there; he said, he was looking for his tools; I told him his tools were not there, for I saw him put them in another place a quarter of an hour before, I asked him what he was doing there, he was feeling down among some old rope that laid there; I called him out to go to his work, and, in coming round the ship, the mate met him; I said, that he had been in the shed; the mate went to the place, and brought the copper to us, the mate's name is Taylor; the mate said to Pointer, here is the copper you have taken; upon that he was very angry, and struck the mate two or three times; I told him he had better go along about his business, and leave me and the mate alone; he kept treating me very ill.

Cross-examined by Mr. Knapp. Q. This copper was in Mr. Mesteares's yard? - A. It was on board the ship, under the care of the mate, and the people belonging to the ship.

Q. The mate's name is Taylor? - A. Yes; it belonged to the captain and owners of the ship.

Q. After you have sheathed her it is, but not before? - A. The copper is sent by the owners of the ship, and we have nothing to do but to put it on.

JOHN DUNNAN sworn. - Examined by Mr. Gurney. I am a carpenter on board the ship Two Friends, I was employed by the captain, Mr. Macneal; I saw the prisoner go over the side on the Friday afternoon, the 23d of November, with a piece of copper under his jacket, I watched him, but before I could give the mate notice of it, the foreman, Mr. Hickes, called him away from the shed that I saw him go into.

Cross-examined by Mr. Knapp. Q. Had you been acquainted with the prisoner before? - A. No, I came on board on the 22d, and this was on the 23d.

WILLIAM TAYLOR sworn - Examined by Mr. Gurney. I am mate of the Two Friends.

Q. Who are the owneres? - A. I do not know any other owner than Captain Macneal . On the 23d of November, in consequence of a suspicion of the prisoner, I saw him in the carpenter's shed, I observed that, he had nothing about him; I then went into the shed, and found a piece of copper concealed behind an empty barrel in one corner; I brought the copper out, and walked round the ship with it till I saw the prisoner; I presented it to him, and told him he had stole it out of the ship; he called me ad-d rascal, abused me very much, and struck me several times; I immediately went to the Police-office, and took out a warrant to apprehend him; the steward of the ship took it to the office.

Cross-examined by Mr. Knapp. Q. You found the copper in the shed? - A. Yes.

Q. And the prisoner, when you taxed him with it, abused and beat you? - A. I dare say he would have battered my face.

Q. And perhaps have taken your life? - A. I do not know but he might.

Mr. Gurney. (To Hickes.) Q. How large is the shed? - A. About eight feet square.

Q. Did you see him near that part of the shed? - A. Yes.

Mr. Knapp. Q. Other persons might have access to that shed? - A. Yes.

Q. And might have put the copper there? - A. I saw him in the shed.

JOHN EDDIS sworn. - I am a labourer in Mr. Mesteares's yard, I saw the prisoner go into the shed, I was outside the door, and he said, there was something.

Q. Did he shew you what he was speaking of? - A. No, I saw something under his jacket, but I cannot tell what it was.

Q. What did he do with it? - A. I cannot say.

Mr. Knapp. Q. Something he had, but what it was you do not know, and where he put it, you cannot tell, that is all you know? - A. Yes.

Court. Q. What did it appear to you to be under his jacket, did it stick out, or what was it that you saw? - A. It stuck out a little.

Court. Q. Do you think it was a coat? - A. No, I did not think it was a coat.

RICHARD PERRY sworn. - I am an officer of the Marine Police-Office, (produces the copper); I think this is the same copper that was taken from the ship, it is exactly the same sort of copper that was used for sheathing the Two Friends.

Mr. Knapp. Q. Is that different from any other sheathing sort of copper? - A. No, that is the same sort that is used on the bottom of that ship.

Q. Suppose you had to sheath another ship of the same burthen, would it not be the same sort of copper? - A. I do not know, there is the mark of 22 upon every sheet of it.

Mr. Gurney. (To Dunnan.) Q. You saw some copper under his jacket-was it such copper as that? - A. It was, he had it rolled up as snug as possible.

Mr. Knapp. Q. Have you seen sheath copper before of the same sort as that? - A. Yes.

NEAL MACNEAL , Esq. sworn. - Examined by Mr. Gurney. Q. You are one of the owners of the ship the Two Friends? - A. Yes.

Q. Who are the other owners? - A. Abraham Muir and William Boyd, of Charleston.

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

Court. (To Taylor.) Q. What do you think the value of the copper that you saw was? - A. About five or six shillings.

GUILTY (Aged 27.)

Transported for seven years .

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

Reference Number: t17981205-31

32. JAMES DEMPSTER , THOMAS DRAPER , and JOHN JEFFREYS , were indicted for feloniously stealing, on the 3d. of October , a linen bag, value 4d. seven pair of silk stockings, value 14s. three peiticoats, value 10s. seven pair of breeches, value 7s. three waistcoats, value 6s. a pair of stays, value 10s. a pair of men's shoes, value 12d. a red cloak, value 2s. a satin cloak, value 3s. and a cloth coat, value 12s. the property of Angel Symons , in the dwelling-house of John James .

ANGEL SYMONS sworn. - I am an old-clothes-man : I lost the things mentioned in the indictment; they were in a bag, and while I went in for a pint of beer, some men came in and ran away with the bag; it was at a public-house, the house

of John James , the Thistle and Crown, at Charing-cross ; I saw them take it away, and I ran after them, but I could not overtake them; the three prisoners were in the room, and they all run away together.

Q. Did you see the bag in the possession of either of them? - A. I cannot say that I did; I went; after them; but I am an old man, near seventy years of age, and I could not run so fast; the landlord gave me their names, and they were taken afterwards; they were quartered in the house.

Q. Were they old clothes? - A. Yes.

Q. Then, perhaps, the value you set upon them is what you might get for them? - A. They cost me two guineas and a half.

JOHN LEIGH sworn. - I am a serjeant-major; I saw all the prisoners at the Thistle and Crown, Charing-cross, on or about the 3d. of October, I cannot exactly speak to the day; I went there with a recruit; Jeffreys was taking with a man there, and the other two came in afterwards; I saw that outside man, Dempster, take the bag, and go out of the room with it.

Q. When the bag was taken away, did they all go? - A. No; the next man, in the middle, Draper, went out directly after him; and Jeffreys went out in about five or six minutes after the other two.

Q. Did you pursue them? - A. I did not; about four o'clock, the same days, as I was going into Backingham-street, I saw Jeffreys along with the other two prisoners, and the other two had got the three bundles in their possession; I had got a comrade along with me, and I said, I suspected these men had got the Jew's property, and we would take them if we could; I immediately cried out, stop thief; and, in turning Denmark-street, they threw the three bundles into an area; I still pursued them, I could not overtake them; but Jeffreys stood still, and the other two men made their escape; when I found I could not overtake the other two. I laid hold of Jeffreys, and told him he should go back to where the property was, as he was in the room when it was taken out; he said, he would knock my b-y eyes out, and he would do me; but I was determined not to let him go till I had got him to where the property was; it was brought out of the area, and the gentlemen of the house sent his servant with me to the Thistle and Crown; Jeffreys was wrested from me by another guardsmen, and I was obliged to let him go, or else I was going with him to Bow-street.

Q. Did you ever see them before? - A. Never; when I got back to the Thistle and Crown, the Jew had got a warrant against Jeffreys and one Wilson; they were taken to Bow-street, but Wilson was discharged.

Prisoner Draper. Q. Will you say I had a bundle with me? - A. Yes; you I think had one bundle, and the other man had two bundles; I cannot take upon me to swear positively, but I think it was so.

JOHN HIGGS sworn. - (Produces three bundles).

Q. From whom did you receive them? - A. From the landlord of the house; I have had them ever since.

JOHN JAMES sworn. - I keep the Thistle and Crown: Just before the Jew was having a pint of beer in my house, the three prisoners were there.

Q. Did you give the Jew their names? - A. No; when Jeffreys was taken before Mr. Bond, he gave the names of the other two; Jeffreys had been quartered at my house for some time; I delivered the bundles to Higgs.

Q. (To Syaons.) How long have you had these things? - A. I bought them the same day.

Q. Can you swear that they were the things that were taken from you? - A. I can.

Q. Is the bag here? - A. No; that is gone, and a great many of the things.

Dempster's defence. I never was in the house, to the best of my knowledge, in my life.

Draper's defence. I never was in the house in my life, but to see my comrade, Wilson; I was not there that day.

Jeffreys's defence. I was quartered in the house, but I do not know any thing of it.

Dempster, GUILTY (Aged 25.)

Jeffreys, GUILTY (Aged 27.)

Of stealing to the value of 39s. Confined six months in the House of Correction, and fined 1s.

Jeffreys, NOT GUILTY .

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

Reference Number: t17981205-32

33. ELIZABETH FOUNTAIN was indicted for feloniously stealing, on the 6th of November , four blankets, value 20s. a pair of sheets, value 10s. two bolsters, value 10s. a looking-glass, value 2s. and a linen shift, value 3s. the property of James Verry , in his dwelling-house .

( James Jones , the pawnbroker, not being present to produce the property, he was called upon his recoginzance, which was ordered to be estreated).

NOT GUILTY .

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

Reference Number: t17981205-33

34. JAMES BISCOE was indicted for feloniously stealing, on the 22d of November , six pounds weight of iron rivets, value 3s. the property of Thomas White .

THOMAS WHITE sworn. - I am a cooper ; The prisoner worked for me about three years; I live in Leman-street, my shop is in White-hart-yard ,

Rosemary-lane; I found the property in the possession of James Seys , who took it from him, and gave it to me, he is a servant of mine.

THOMAS FARNSWORTH sworn. - I am a cooper: I detected the prisoner with the property, at the door of Mr. White's cooperage, he had it concealed in his breeches; I slopped him, and James Seys took it from him; it was a bag with holes in it, and some of the rivets fell out; he said it was the first time, and begged I would not publish it to his master.

Mr. Alley. Q. You did not promise him any favour? - A. No, I did not.

JAMES SEYS sworn. - I am a cooper: I took this property from the prisoner; I have had it from that time to this. (Produces it).

Mr. Alley. Q. You cannot undertake to swear to these rivets? - A. No, I cannot.

Q. What is the value of them? - A. Three shillings; there are six pounds of them.

Court. Q. Had you any rivets of that sort in your shop? - A. Yes; here is a sample that I took out of the bag afterwards.

Court. Q. Had you missed any? - A. Yes; I can positively swear to a quantity being missing out of the bag, because it was a fresh bag.

Court. Q. Do you believe them to be your's? - A. Yes, I do.

Court. (To Farnsworth.) Q. Where was the prisoner when you detected him? - A. I saw him come out of the shop, when I stopped him.

Mr. Alley. (To White.) Q. The prisoner is a cooper himself? - A. Yes.

Q. And, therefore, if he was doing a job for himself, these things were necessary for him to use? - A. No, it was impossible.

Prisoner's defence. I must leave it to the mercy of the Court; it is the first offence I ever committed in my life-time.

The prisoner called one witness, who had known him twenty-five or twenty-six years, and gave him a good character. GUILTY (Aged 47.)

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

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

Reference Number: t17981205-34

35. JOHN LEONARD was indicted for breaking and entering the dwelling-house of James Verry , about the hour of six in the night of the 2d of November , with intent the goods in the said dwelling-house to steal, and burglariously stealing a calicco bed-gown, value 12d. and two pair of linen pockets, value 12d. the property of the said James.

JAMES VERRY sworn. - I am a publican , I keep the Marquis of Granby , in St. Margaret's parish ; On the 2d of November, the prisoner had come in to drink in the tap-room, and I was informed the prisoner had got something of nine; I took from him, in the passage, a bed gown, and a pocket; that is all I know about it; I sent for an officer, and he was taken to the Police-office and committed.

ESTHER VERRY sworn. - I am the wife of the last witness, I can prove the property; the bed-gown was my daughter's, and one pair of pockets, the other was mine.

CATHERINE M'MILLAN sworn. - The prisoner came in, and I saw that he had got these things; and I told my master of it; he went away, he was brought back, and then my master took them out of his bosom.

JOHN MARSDEN sworn. - I am a constable: On the 2d of November the last witness came to me, and told me her master had been robbed; I asked her if she knew his name; she said, no, but I knew the person perfectly well by the description; I met him in the Almonry, Westminster, running; I called to him, but he continued running; I pursued him, and took him back to Mr. Verry's, and he took the property from him.

Prisoner's defence. I was going to the privy to ease myself, I picked up the things between the of age and the privy.

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

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

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

Reference Number: t17981205-35

36. GEORGE GRAY and PETER WARD were indicted for feloniously stealing, on the 5th of November , a wooden trunk, value 5s. four muslin gowns, value 4l. a muslin child's frock, value 5s. and a; linen sheet, value 2s , the property of Harriet Elizabeth Bentinck , Spinster .

HARRIET ELIZABETH BENTINCK sworn. - I live in Quebec-street, I was at Honiton in October last. On the 28th of October I packed up a trunk to send to London; I left it in the country to come up by the waggon; it was directed to Miss Bentinck, Great Quebec-street, Portman-square; it was to come by Hatfield's waggon; I left it in care of my sister's servant.

Q. Would you know any of the things again if they are produced? - A. Yes.

JAMES PEARCE sworn. - I am the book-keeper at Blostsom's-inn, Lawrence-lane.

Q. Do you recollect at any time in October or November any trunk coming to your inn, directed to Miss Bentinck? - A. Yes, on the 5th of November there was a trunk and two boxes came to our inn, directed to Miss Bentinck, Great Quebeck-street, Portman-square. In the evening I

went with the cart with these trunks and some other things; I saw them put into the cart. While I was delivering a bale of goods in Broad-street, St. Giles's, after the bale was delivered, I went in to receive the carriage of it, and whilst I was receiving the carriage of it, one of the men called out, and said, they had lost a trunk; then a young man, of the name of Thomas Day , came up to the cart, and said, he had met three men with a trunk; after that I pursued them, but could not find them; I then went down to Bow-street, and got three of the officers to go with me in search of them, but I did not find them.

Q. Should you know the trunk again? - A. I am not positive, but I think I should.

Q. (To Miss Bentinck). Were there two boxes besides the trunk? - A. Yes, I received them.

THOMAS DAY sworn. - On the 5th of November, in the evening, about twenty minutes after seven o'clock, passing along, I met three men, one of them carrying a trunk, bearing up a gate way, and the other two following him, I do not know the name of the place, there are brewer's store-houses up the gateway; I suspected they had stolen it, and made the observation to a person passing, whom I did not know; I passed farther on in Broad-street, and saw the cart belonging to the Blossom's-inn, and gave information of what I had seen to the two porters that were with the cart, and then to Pearce; then one of the porters and I set off to follow the men; when we had got past the gateway, we thought our pursuing them would be endless, and we went back to Mr. Robinson's, the linen-draper, where the cart was delivering a truss, and then we went to the Police-office, in Bow-street; I gave information of the men so far as this, that one was taller than the other, and that the tall one and the short one followed the man that bore the trunk; then we proceeded to Church-lane, St. Giles's, we went into several houses, but could not find them, and then we proceeded to Lewkner's-lane; we went to a public-house there that the officers were acquainted with; we took two men upon suspicion there; we were coming away from there, and near the top of the lane, met three men; Jones, one of the constables, seeing them, called out grab, meaning, I suppose, by that, to take hold of them; one of the officers seized the man, and Mumsord called out to me to pick up a bundle that lay under a cart, about six paces from where they were taking hold of the man; I gave the bundle to Mumford.

Q. You did not lee it drop from either of the men? - A. No.

Q. Were there any other men besides the officers and the men that were near this bundle? - A. I saw nobody else near; I did not see the three men at that time; I only saw two of them; they told me there were three; some people coming out of a house, hearing a scaffle, called out, young man, here is another bundle; I picked it up from under the horse's head, and carried it to Crocker.

Q. Was this a cart and one horse standing? - A. Yes, I do not know who belonged to it.

Q. Was there no driver to it? - A. I did not see any driver till after the scuffle; when we had got the bundles, and two of the men, who were the two prisoners, we proceeded to Bow-street.

Q. Were these two men the nearest to the bundles? - A. Yes, they were.

Q. Look at the two prisoners, and tell me if you think they were either of the men that you you saw running number the gateway with the trunk? - A. I had not sight enough of them to identify their persons.

Prisoner Word. Q. Were not some persons that you had taken up on suspicion, in company with you when you look us? - A. Yes, they were.

EDWARD CROCKER sworn. - I am an officer,(produces the bundle); On the 5th of November, I received this from Day; I delivered the bundle to Mr. Crocker.

Crocker. This is the bundle he delivered to me in Lewkner's-lane. Between seven and eight o'clock, or very near eight, Day, in company with Pearce, came down to the Brown Bear, and said they had lost a trunk; I, in company with Mumford and Jones, went to a house in Dyot-street, where we knew these sort of people resort, to see for a man that I suspected by their saying one was a tall man. From that we went to a house in Lewkner's-lane, where, in the tap-room, was this man that I suspected, and another that was wanted for another offence; Jones called him out, and going down Lewkner's-lane, about half way from the public-house to Drury-lane, there stood a cart; there were some people in the cart with a light; Mr. Jones was on forward with his prisoner; he called out to Mumford and me who were behind, grab, for here is the swag, that is, lay hold, for here is property; I then saw the prisoner Gray with a bundle in his hand, I did not see him throw it down in the scuffle, I immediately secured him, and taking him down the lane, Mumford, who was behind, saw the bundle lay under the cart, and he did Day pick it up; I said to Day, go back and see if there is another bundle; somebody in the cart cried out, here is another, I do not know who it was; it was; then Day brought me the bundle, which I produce now; I don't know which of the two bundles it was that Gray had, for I did not see him throw it away after I had seen it in his hand, I saw it in his hand just before I secured him.

Miss Bentinck. These are my gowns; I am sure they were packed up in the trunk, I know them by the pattern.

Court. (To Crocker.) Q. Did you ever see this man before? - A. I cannot say, I never did to take notice of him.

Q. You seized the tall man-Did it appear afterwards whether that tall man was at all known or acquainted with this man? - A. No, it did not.

THOMAS MUMFORD sworn. - I am an officer belonging to Bow-street; I was with Crocker and Jones: On the 5th of November, a person came and gave information that there had been a box lost; we went to Dyot-street, and from there to the White-hart in Lweknet's-lane; we took two people from there; Jones was first, and Crocker next, and I was behind him; just as we came up to a cart, Jones said to us, bone them, meaning to lay hold of them; I then saw the two prisoners, I did not see any thing in their hands; but in the same place where they were taken into custody, I saw this bundle lie.

Q. Did it lie so near the place, that it was possible either of them might have dropped it? - A. Yes.

Q. Did you see any other person near, who could have dropped it? - A. There was another man who escaped, and there was a third bundle found three days after in a house in Lewkner's lane, and I carried it home to the lady.

Q. You never found the trunk? - A. No.

Miss Bentinck. That bundle contained part of the things that I packed up in the trunk.

Mumford. This is the bundle that I picked up.(Produces it).

Miss Bentinck. This frock is mine, and this sheet is marked with a W, because it was my brother's, whose name was Williams.

Q. (To Mumford). Did you ever see Gray before? - A. I have seen him at the Turk's-head, in Dyot-street.

Q. Did you ever see him in Lewkner's-lane? - A. No.

Q. Did you ever see him company with the tall man that you took up? - A. No.

JOHN JONES sworn. - I was at the apprehending of the prisoners in Lewkner's-lane; I saw the prisoner, Gray, with a bundle under his arm, as he passed me; I then called out to the other two officers with me to lay hold of them; ward was close behind him, I did not see whether he had the bundle or not; I laid hold of Ward, and brought him up to the office.

Q. Did any thing pass between you? - A. No, he asked me if I had seen a bundle with him; I told him, no, I did not.

Gray's defence. I am a butcher; I work for Mr. Hall, in St. James's-market; Mr. Brookes, who keeps a slaughter-house at the bottom of Lewkner's-lane, recommended me to Mr. Hall, I was going to thank him for his recommendation, when they laid hold of me; I know nothing of the bundle.

Ward's defence. I had been at the west end of the town; in coming through Lewkner's-lane, I was run against violently by a man, that almost knocked me down, and then one of the witnesses laid hold of me, and took me to Bow-street.

Gray, GUILTY (Aged 33.)

Ward, GUILTY (Aged 21.)

Transported for seven years .

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

Reference Number: t17981205-36

37. JOHN GREEN was indicted for feloniously stealing, on the 6th of November , two metal candlesticks, value 6s. the property of James Dobie .

JAMES DOBIE sworn. - I keep a public-house in Wardour-street ; On the 6th of November, the prisoner came to my house and called for a pint of beer; he went backwards, as if he was going to the vault, and a servant seeing the prisoner in the kitchen, told me of it; I went into the kitchen and missed a pair of candlesticks; I came into the taproom, and charged the prisoner with it; he did not deny it, but pulled them out of his pocket, and gave them to me upon the table.

Q. Did he say any thing? - A. He seemed to be very much panic struck, and could not say any thing; he was taken by Kennedy, and taken to Marlborough-street; he begged I would look it over, and forgive him.

Cross-examined by Mr. Knowlys. Q. This man is a man, I believe, who bears a very respectable character? - A. He does, I believe.

Q. Do you believe that he would have done this if he had not been very much in liquor? - A. He did not appear to me to be a man who was at all a practitioner in the business.

HUGH ANDERSON sworn. - I happened to be at Mr. Doble's house at the time, I heard him accuse this man of having the candlesticks, and he produced them; that is all I know about it; Mr. Dobie and he had some words, but I did not taken notice of the particulars.

Q. Did the prisoner appear to be in liqour? - A. I did not take notice of that, because I was in a different box.

JAMES KENNEDY sworn. - I am an officer belonging to Marlborough-street; On the 6th of November, the prosecutor applied to me to take the prisoner into custody; I went to his house, and the

prosecutor said, there is the prisoner, and there is the candlesticks, they were standing upon the table before the prisoner when I went in, (produces them); I have has them ever since.

Q. (To Prosecutor.) Are these the same candlesticks that you lost? - A. Yes, they are.

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

GUILTY (Aged 35.)

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

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

Reference Number: t17981205-37

38. ROBERT TAYLOR was indicted for feloniously stealing, on the 3d of December , six glass tumblers, value 18l. the property of George Peacock and George Madgwick Davison .

GEORGE PEACOCK sworn. - I am in partnership with George Madgwick Davison, glass-man , in Fleet-market; the prisoner at the bar has been out warehouseman for near three years, I have missed property often for more than a twelvemonth past; in counsequence of some information that I received, I desired Thomas Brown , the shopman, to mark some goods; I saw him mark a good many tumblers on the bottom, so that he would know them again, these tumblers were taken away into the watchouse; and last Monday evening, about seven o'clock, I saw the prisoner go into the warehouse, he said so long there, that I said to my partner, that fellow is now filling his pockets; at eight o'clock the porters all went away, and the prisoner with them; I had two constables planted in the street to take him up, and he was taken as soon as he got into the street, and brought back into the house again; I saw him searched by the constables, and in each of his great coat pockets were found three tumblers; I told the constables to keep them, which they did.

THOMAS BROWN sworn. - I am shopman to Messrs. Peacock and Davison: I was sent into the warehouse to see if there were any tumblers missing, the same that I had marked; I missed six, it might be then about a quarter past seven o'clock, I informed Mr. Peacock that there were six missing; I was in the street when the constables took him and brought him back, I was not a yard from them; I saw him searched, and I saw the tumblers taken from him.

Q. When had you marked them? - A. Two or three days before, with a file, on the bottom; I had marked a great many dozen, I counted them all, and found only six missing; when they were taken out of his pocket, they were wrapped up in papers, and I market the papers before they were delivered to the constables.

JOHN LACEY sworn. - I am a constable; I stopped the prisoner in the street, and took three tumblers out of his left-hand pocket; I have kept them from that time to this. (Produces them).

HENRY BEARD sworn. - I was with the last witness; I took these three tumblers from the prisoners, (producing them); five of the tumblers were deposed to by Mr. Peacock.

Q. What is the value of them? - A. About three-pence a piece.

Brown. I cannot swear to one, the other five I can swear to.

Q. There were others in the warehouse, I suppose, that were not marked? - A. Yes; I only marked the frist three in each row.

Prisoner's defence. I have nothing to say, but leave myself entirely to the mercy of the Court; I have often been entrusted to take out goods and return the money, which I intended to do with these.

Q. (To Peacock.) Did you ever entrust him to take out goods to sell for you? - A. Never.

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

GUILTY (Aged 34.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17981205-38

39. SARAH PINE was indicted for feloniously stealing, on the 21st of November , twenty-eight yards of cotton, value 40s. the property of Joseph Sheppard , privately in his shop .

JOSEPH SHEPPARD sworn. - I am a linen-draper , in Aldgate High-street : I can only prove the property.

THOMAS SHEPPARD sworn. - I am brother to the prosecutor.

Q. Are you in partnership with him? - A. No: On Wednesday, the 21st of November last, between three and four o'clock, the prisoner at the bar came into my brother's shop, with a boy and a girl, somewhere about five or six years old; she asked to look at some cloth, I shewed her some; I asked her how much the wanted; she told me the only wanted a small quantity; I told her a remnant might suit her as well, and I sold her a remnant; she then said she wanted a child's great-coat frock; in course quence of having some suspicion of the prisoner, I counted the quantity of prints that I took down to shew her, I shewed her eight preces; I sold her two yards of one; I asked her then if she did not want a frock; she said, no; she put down a seven-shilling piece, and I put up the two yards of print and remnant of cloath in a paper; I took up the seven-shilling piece, and desired her to step further up the shop, and I would give her change; I then went and counted the prints as she was going out

at the door, and found there was one missing; I then went and stopped the prisoner, who had got about a yard from the door, she denied it; I told her, that she had been stealing a piece of print; I was then coming out of the shop just before her, and I saw the print lying just behind her in the shop on the ground, about half a yard or three quarters from her, it was a piece of cotton, containing twenty-eight yards.

Q. Was it one of those prints that you had shewn her? - A. I am perfectly sure of that; when I frist came over the ground, there was no print lying there.

Q. At the time that you first saw the print behind her, where were the boy and girl? - A. Behind the print, following her; my young brother, Samuel, picked the print up, I ordered him to go for a constable; he laid it on the counter, and when the constable came, I delivered it to him; it was the same print that I picked up off the floor.

Q. Was it your brother's property? - A. Yes. it was.

Q. Where abouts may the value of it be? - A. About forty shillings.

Q. What would you give for it? - A. Forty shillings.

Q. Can you six upon any one moment of time when the was in the shop, when you suppose that she took it? - A. I cannot say.

Q. Did you see her hand move, or any thing of that fort? - A. No, nothing of that kind.

SAMUEL SHEPPARD sworn. - I am the younger brother of the prosecutor; I serve in the shop; I was by when my brother shewed the prisoner the cloth; I did not see him shew her the print, that was shewn her at another place, and I was engaged with another customer; when he brought the prisoner back, he called to me to assist him, and as I was going, the prisoner at the bar dropped the print, I saw it drop from her left side under her cloak; I then took it up, and laid it on the counter; I immediately after went and setched a constable, it was delivered to him.

Q. What sort of a cloak had she on? - A. A grey cloak, I think it was.

Q. A short cloak, or a long cloak? - A. Such as women wear in common.

EDWARD DAVIS sworn. - (Produces the cotton). I have had it ever since.

Mr. Joseph Shephard . This is my property, it has my own mark upon it in my own writing, both in pencil and ink.

Jury. Is it worth forty shillings? - A. Yes; I should be very glad to give forty shillings for such a piece.

Prisoner's defence. I went into the shop to buy a piece of cloth for a shift for my child, and a piece of print; I put down a seven-shilling piece, and he gave me the change; I came out to the door to look at a shilling, and he said, I had got something more than belonged to me; I told him, I had not, he was welcome to search me; it was the space of a yard within the door; the young man then picked up a piece of print several yards inside the shop, and he brought it and laid it down at my left hand, and said, he had done it on purpose; he said, I was up to her.

Q. (To Thomas Shepperd ). Did you say any thing about doing it on purpose? - A. No, I did not.

Q. Is there any truth in what she says? - A. No.

Jury. Q. You had more customers in the shop at the same time? - A. Yes, at a distance.

Jury. Q. Might not one of the children have pulled it off the counter, by the side of the mother? - A. No, I do not think they could.

Court. Q. Was there any body else belonging to the shop there at the time? - A. Yes, a cousin of mine.

Q. How came you not to bring him here? - A. we did not think he would be any material evidence, and he could not well be spared.

For the Prisoner.

THOMAS ACKIS sworn. - I am a whitesmith, I was going by this gentleman's house; I heard the woman say to him she had nothing but what she would pay for, and the gentleman said he would do her if he could. that is all I know about it.

GUILTY (Aged 45.)

Of stealing but not privately.

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17981205-39

40. JANE CARNE was indicted for feloniously stealing, on the 17th of October , three silver table-spoons, value 30s. a silver tea-spoon, value 1s. 6d. a cotton gown, value 12s. a dimity petticoat, value 4s. a kerseymere waistcoat, value 4s. a marseilles waistcoat, value 4s, a muslin cap, trimmed with lace, value 5s. and a silk handkerchief, value 2d. the property of Aaron Moses , in his dwelling-house .

ANN MOSES sworn. - I am the wife of Aaron Moses; I have known the prisoner ever since May, she chaired for me; I had a sick child that would not go out of my arms, and I entrusted her to do all that I wanted done. On Wednesday, the 17th of October, I sent her up to make my bed; she was gone up a considerable while making the bad longer than I thought fit; I put the child out of my arms, and went up stairs to see what she was about; when I came up stairs, I turned round, and not seeing her, and the drawers being open, I cried and screamed out, Jenny has robbed me; my

husband was in the country, and my son was out. On the Saturday night after, my son happened to go into the Borough with an acquaintance, and saw her coming out of St. Thomas's-street; he took charge of her, and I was sent for to see her in the Compter; the officer found sixteen duplicates upon her; some of them were of my property.

JOHN FENNELL sworn. - I am an officer of Cheap-ward; I was sent for to the Poultry Compter; I had charge of the prisoner for several robberies; I searched her, and found a vast number of duplicates upon her, and from that the prosecutor's property was discovered. (Produces the duplicates).

( James Crawford and James Harwood, the one calling himself a clerk, and the other a servant to a pawnbroker, produced the property, which they had received from the prisoner, and which was deposed to by Mrs. Moses).

SAMUEL MOSES sworn. - On the 20th of October I was going to the Stone's-end, and at the corner of Thomas's-street, I saw the prisoner; I told her I was looking for her; I could not get a constable, and I put her in a coach, and drove to the Poultry Compter; I found upon her neck an old silk handkerchief of mine, which I had worn for a pocket-handkercheif; Fennell took it off her neck.

Mrs. Moses. This handkerchief she took away on the 17th, she ironed it herself on the 15th.

Prisoner's defence. My husband has been dead three years; I had some things in pledge that Mrs. Moses wanted to buy, and she let me have these things to get them out with, to see whether she would like them or not, and I went to see a sister of mine for a day or two, and as I was coming out of Thomas's-street, a man met me and took me to the Compter.

GUILTY (Aged 28.)

Of stealing to the value of 39s.

Transported for seven years .

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

Reference Number: t17981205-40

41. JOSEPH WOOD was indicted for feloniously stealing, on the 3d of November, a silk handkerchief, value 5s. the property of Thomas Wright , clerk .

Rev. THOMAS WRIGHT sworn. - Q. Are you a clergyman ? - A. Yes, On Saturday, the 3d of November about, twelve o'clock, as I was going through Cornhill , near the print-shop, I perceived something touch my coat pocket on the right hand side with a jerk; I put my hand in my pocket, and found my handkerchief gone; I immediately turned round and found a young man behind me attempting to conceal something; I challenged him with having taken my handkerchief.

Q. Who was that young man? - A. The prisoner at the bar; I told him he had taken my handkerchief; I then saw it drop from behind him; I took it up; I then took him by the arm, and told him he should go before a Magistrate; there was a constable on the opposite side of the way came over, and said, he would save me the trouble, he would take him; I went before the Lord-Mayor, and he was committed; I delivered the handkerchief to the constable.

JAMES SMITH sworn. - I am a constable: On the 3d of November, about twelve o'clock, I saw Mr. Wright take hold of the prisoner by the arm; I went up to him, and he informed me the prisoner had picked his pocket of his handkerchief; I took charge of him, and took him before the Lord-Mayor; Mr. Wright had the handkerchief in his hand, which he gave to me, (produces it); I have had it from that time to this.

Mr. Wright. This is my handkerchief, there are the initials of my name at the corner, T W.

Prisoner's defence. I was coming along, there was another young man standing by me, and this gentleman happened to lay hold of me instead of the other young man; I know nothing of it, he catched hold of the wrong person.

GUILTY (Aged 16.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17981205-41

42. JANE CAVANAUGH was indicted for feloniously stealing on the 31st of October , a metal watch, value 30s. a gold chain, value 31s. 6d. a metal seal, value 6d. and a steel watch key, value 6d. the property of John Smith .

JOHN SMITH sworn. - I know the prisoner; I never saw her till the evening I lost my watch, the 31st of October, in Oxford-road ; she asked me if I would give her any thing to drink; I went into a house with her between eleven and twelve o'clock at night; I was in the room a quarter of an hour or twenty minutes with her, she asked me for money, I told her I had none; after a little while, I found her hand about my job, and then I perceived her pull my watch out; I took hold of her directly; she then holloaed out, murder, and three or four women came into the room; the watch was called, and I gave charge of her; she was taken before a Magistrate, and committed.

Q. Were you sober at the time? - A. I was a little in liquor.

Q. Are you a married man? - A. Yes.

Q. Where do you live? - A. At Norwood.

JOHN ELEIOT sworn. - I am a watchman in

Oxford-street; On Wednesday, the 31st of October, about half past eleven o'clock, I heard the rattles spring; I enquired what was the matter; they said, there was a piece of work up stairs; there were four girls in the room, and a young fellow with a silk handkerchief about his knee; the prisoner had nothing on but her shift; I searched her clothes, I turned her petticoats up one by one, and I searched her all over, and I searched the man, but I could not find any property at all; the prosecutor gave charge of the girl, and she said, she would give charge of him; he staid all night in the watch-house, because, as Norwood was a great way off, we thought we, could not have him soon enough in the morning to have him before the Justice; the watch has never been found.

MICHAEL DAY sworn. - I am a watchman in Oxford-street; I went to the house; they told me there was murder cried; I went up stairs, and there were the gentleman and the girl in the room; this gentleman had hold of the girl by the throat, choaking of her; I parted them, and then he turned round and collared me, he was quite drunk; then I went down and sprung my rattle to get assistance, but no property was found.

JAMES BROWN sworn. - I was ordered by the springing of the rattles to this house; I saw the prisoner in her smock, and Mr. Smith standing by her; the room was searched, but there was nothing found but one farthing in the middle of the floor.

Prisoner's defence. I met the prosecutor about a quarter past eleven o'clock at night, in Oxford-buildings; he offered me 3s. to stay with me all night; I said that was too little, and he pulled my cloaths off my back, and treated me very ill, if it had not been for assistance, he would have choaked me; he put his hand in his pocket, and missed his watch, and then charged me with it; I never saw his watch or money; I have a witness here to prove that he had been with other women before.

For the Prisoner.

ANN CARPENTER sworn. - The prosecutor came with a young woman that lodges in the next room to me, not the prisoner; my husband was very ill in our own room, and I begged they would not make a noise, for I did not expect my husband to live; this man said, he had lost his watch; there were four or five women round him, but the prisoner was not there at all; then he was with five or six women before he went up stairs with the prisoner; he said, he would make somebody pay for the watch, for he had lost it; I have known the prisoner four years, and have always known her to be very honest.

MARY JOHNSON sworn. - I have employed the prisoner to look after my family and property in my absence; I have known her nine years, I always found her very honest.

NOT GUILTY .

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

Reference Number: t17981205-42

43. MARY HONE was indicted for feloniously stealing, on the 15th of November , a pair of blankets, value 4s. two sheets, value 3s. and a copper tea-kettle, value 12d. the property of Mary Hewett , in a lodging-room in the dwelling-house of the said Mary, let by contract by her to the prisoner, to be used in the said lodging-room .

MARY HEWETT sworn. - I live in New Peter-street, Westminster . Two months ago last Monday, I let the prisoner a lodging up two pair of stairs for four weeks; I let them to her by the week, at 2s. 6d. a week; she quitted the lodging at the four weeks' end, and out of the four weeks she paid me three; she went away clandestinely on the Monday, and I did not find her till the Thursday following; I then made her come home with me and open her door; I then missed the things mentioned in the indictment, I found them again at the pawnbroker's.

( Reuben Cox , the pawnbroker, produced the property, which was deposed to by the prosecutrix).

Prisoner's defence. I am a widow, left with one child; I hope the pawnbroker will shew me a little partiality.

GUILTY . (Aged 28.)

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

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

Reference Number: t17981205-43

44. PHOEBE WHITEHEAD was indicted for feloniously stealing, on the 13th of November , a cloth cloak, value 2s. the property of Benjamin Wessen .

BENJAMIN WESSEN sworn. - I know nothing of the loss.

MARY WEBB sworn. This cloak was purchased for me by Mrs. Wessen; I had been out; I came home, and pulled off my cloak, I laid it on the back of a chair; I missed it; and having seen the prisoner come in to sell cakes and gingerbread, I suspected her; I followed her, and found the cloak upon her; I went to Mr. Wessen, and he sent for a constable. (The cloak produced).

SARAH GAMBLE sworn. - I sold the cloak to Mrs. Wessen; I know this to be the same cloak.

JOHN MARSDEN sworn. - I am an officer; On the 13th of November the prisoner came to the office for a warrant for Mary Webb , for taking a cloak from her; on the 14th I learned that Mary

Webb had lost the cloak first, and on the 15th I apprehended her.

Prosecutor. This cloak is mine; it was bought not for Mary Webb alone, but for any servant that might live with us to carry out beer in bad weather.

Jury. Q. Suppose she had left your service, must she have left it behind her? - A. Yes.

Prisoner's defence. It was quite a wet evening, and I had had a little beer too much; if I took it at all, it was by mistake, I do not know that I did; my husband is in the guards in Ireland, and I have three small children.

NOT GUILTY .

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

Reference Number: t17981205-44

45. PHOEBE WHITEHEAD was again indicted for feloniously stealing, on the 11th of November, a sheet, value 8s. and a blanket, value 2s. The property of John Heslop .

ANN HESLOP sworn. - I am the wife of John Heslop , I live near Westminster-market . Six weeks ago last Saturday, one Elizabeth Bell came and took a lodging of me, I think it was on the 18th of October, I had a very good character with her.

Q. Do you mean the prisoner? - A. No, she asked me if she might take another woman in with her, as both their husbands were in Ireland, to help to pay her rent; they paid me one week, and in about three weeks I missed the sheet and the blanket off the bed.

Q. Did Mrs. Bell hire this blanket and sheet with the room? - A. It was my furniture; I heard that Mr. Bell was gone to Ireland.

Q. Did not the prisoner pay Mrs. Bell for the use of the room, and of the furniture? - A. I dare say she did, but I do not know; I saw the property afterwards at the pawnbroker's.

(William Chamberlayne, the pawnbroker, produced the property, and deposed, that he had them of the prisoner, on the 8th of November).

JOHN MARSDEN sworn. - I am an officer, I found the duplicate upon the prisoner, that is all I know of it. (Produces it).

Chamberlayne. This is the duplicate I gave the prisoner.

(The property was deposed to by the prosecutrix).

Prisoner's defence. Mrs. Bell gave them me to pawn, and I did not think any harm of it.

NOT GUILTY .

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

Reference Number: t17981205-45

46. RICHARD BERTLES and JOHN COLE were indicted for feloniously stealing, on the 30th of November , a japan dressing-box, value 10s. the property of Francis Feather .

FRANCIS FEATHER sworn. - I keep a shop in Red-lion-passage; I can only swear to the property.

JOSEPH RIDLEY sworn. - I am an apprentice to Mr. Feather. On Friday last my mistress called up stairs, that somebody had robbed her; I ran down Red-lion-street and Lamb's-conduit-street; I turned up East-street, leading to Harper-street; I got Information that they were gone into Harpur's-'s-mews; I pursued, and took Bertles into custody, he had no property upon him; he got from me, and ran into the George, in Boswell-court; I saw the prisoner Cole run out of the Mews. When I came back, he was in my master's shop, that was about a quarter of an hour or twenty minutes afterwards, the box was then upon the counter.

JAMES HOUNSON sworn. - I am servant to Mrs. Lewis, in Devonshire-street, Queen-square; I saw the prisoner Cole take a japan box off the counter of Mr. Feather's shop, in Red-lion-passage; I was going into the shop at the time; he ran across the square with the box in his hand; I did not pursue him, because I am a little lame; I did not see Bertles till he was brought back to the shop; there was nobody in the shop at the time I first saw him; Mrs. Feather was sitting in the back room; the box was brought back by Frederick Jones.

Q. Do you believe that to he the same box that was taken out by the prisoner Cole? - A. I do.

FREDERICK JONES sworn. - I live in Lamb's-conduit-passage; I was coming from Great James-street, and as I was crossing from Theobald's-road, I saw the prisoner Bertles with something concealed under his apron, but I could not see what Cole was by the side of him, but I did not see any thing that he had; I am sure the prisoners are the same persons; I did not much like the look of them; they ran up Lamb's-conduit-street, and I ran after them, a little way on the other side of the way; as they were running along, one of them knocked a coachman under a coach; I afterwards told a young man that I was sure one of them was gone into a public-house in Old North-street, the sign of the Spotted Cow, and he went in and brought Cole out; I saw Bertles pull off his apron, wrap it round the box, and drop them in Harpur's-mews; I picked them up. (Produces them).

THOMAS HUDDLESTON sworn. - I am a shoemaker; as I was at work, I saw the two prisoners at the top of Red-lion-passage, in the square, standing hill, as if they were going for East-street; they returned back again almost immediately, and seemed then as if they were making for Prince's-street, and then I saw Bertles turn back to Red-

lion-passage, and the other I lost, but presently afterwards I saw him again; I cannot say which way he came, but I saw him go into Mr. Feather's shop; Bertles was going backwards and forwards in the square; I then saw Cole come out again, with the box in his hand, he cried out, "they are after me, they are after me; "I then went to Mrs. Feather, to know if she had lost any thing.

Q. Did you pursue? - A. No, I did not; I saw them brought back, and the box; and I am sure they are the same persons.

Q. Do you think that is the box? - A. I am positive to the box.

Prisoner Cole. Q. Why did not you pursue me, if you saw me with the box? - A. Because my shop was open, and I could not.

Mr. Feather. I am sure this is my box, my name is on it.

Cole's defence. I am willing to serve his Majesty.

Bertles did not say any thing in his defence, but called four witnesses, two of whom had known him front his infancy, and gave him an excellent character.

Bertles, GUILTY (Aged 21.)

Cole, GUILTY (Aged 16.)

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

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

Reference Number: t17981205-46

47. HENRY GROTE was indicted for that he, on the 22d of October , feloniously did personate, and falsely assume, the name and character of one Henry Smith , who had lately served our Lord the King, as a seaman on board the ship called the Mars, who was then supposed to he entilled to certain wages, and pay, for his services done on board the said ship, in order to receive the said wages and pay .

(The prisoner being a foreinger, a Jury of half foreigners was sworn as follows,) viz:

John Beard ,

Lewis Cordovan ,

Stephen Jarvis ,

Christian Copki ,

George Pettitt ,

Michael Thele ,

John Christie ,

Augustus Nicoli ,

John Nimmo ,

Henry Garling ,

William Middleton ,

John-George Hadens .

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

CHRISTOPHER-SERTON SHERWOOD sworn. -Examined by Mr. Knowlys. I am a clerk in the Ticket-office, at the Navy-officer: The Prisoner applied to me to receive his wages for his service on board the Mars, on or about the 22d of October; he produced a certificate purporting that his name was Henry Smith, and stating that he had lost all his papers, except that one certificate.

Q. Look at that, and tell me if that was the certificate he produced? - A. Yes, this is the identical certificate. (It is read):

"These are to certify, that the bearer, Henry Smith , Ab. belonging to his Majesty's ship Mars, No.795, was sent to this place on the 29th of April 1798, for cure of wounds received in action, and was discharged hence this 18th of June, 1798, by order of Sir Richard King , Bart. Admiral of the Blue, having been found, upon survey of Captain Pierrepoint, unfit for his Majesty's service."

Q. In consequence of the production of that certificate, supposing it was good, would he be entitled to receive wages? - A. There may have been instances in which seamen may have received them upon such a certificate, but it is usual always to have an unserviceable ticket, which he stated he had lost; I looked at the certificate, and he immediately, of his own accord, produced another certificate, saying, that he had wages due, likewise, from the Medusa; I read the certificate.

Q. Is that the certificate that he produced when he said that? - A. It is; I read the certificate, and observed, therein stated, that his name was Henry Grote; I asked him, why he was called Henry Grote in the Medusa, and Henry Smith in the Mars; the reason which he assigned was, that when he went into the Medusa, that was his first ship, and at that time he spoke very bad English, and he supposed the clerk had made a mistake, and put him down Henry Grote, when he meant to say Henry Smith; I examined the books, and found that there was a Henry Grote in the Medusa, and that he was discharged to the Mars; his name then stood, in the muster-book of the Mars, entered from the Medusa, in a very regular manner; and there was, likewise, a man of the name of Henry Smith, regularly entered as a sailor there.

Q. Open your book, and see whether you are correct in what you say? - A. (Refers to the book). Henry Grote stands at No. 816, as coming from his Majesty's ship Medusa, born at Flushing, aged 29, an able seaman, deserted from her on the 18th of May, 1798, Plymouth-Henry Smith stands at No. 795; born at Canterbury, aged 22, an able seaman, invalided from the service, 29th of May, 1798. Plymouth Hospital.

Q. Does the number, in this certificate, agree with the number in the book as attached to Henry Smith? - A. Yes; I paid Henry Smith his wages on the 22d of June last.

Q. In consequence of this, what did you do? - A. I clearly perceived that he was personating Henry Smith; I took him to one of the superior clerks, who told me to let him go about his business, as a vagaboud and deserer, and telling him that it was a capital offence, however, the chief

clerk happened to come in, and was of opinion that it was necessary he should be apprehended, and he was apprehended. (The second certificate produced and read).

"Mars. These are to certify, that Henry Grote served on board his Majesty's ship, Mars, in the capacity of an able leaman, to the 10th of May, 1797, as appears from the former complete book to that time. Discharged the 16th of September,1797."

Cross-examined by Mr. Raine. Q. Previous to the production of this first certificate the prisoner had given no description of himself? - A. Certainly not.

Q. I see, at the bottom of this certificate, he is described to be of a fair complexion? - A. Yes.

Q. Does that correspond with the prisoner at the bar? - A. No, it does not.

Q. He afterwards produced another certificate, for wages due to one Henry Grote on board the Medusa? - A. Yes.

Q. One of them appears to be a demand in respect of Henry Smith, and the other of Henry Grote, and both were produced by the prisoner at the bar? - A. They were.

JOHN UPJOHN sworn. - Examined by Mr. Knapp. I am an officer on board the Mars; I entered on board about the same time that the prisoner did.

Q. At that time, by what name did you know the prisoner? - A. Henry Grote.

Q. Did you know a person of the name of Henry Smith also on board the Mars? - A. Yes, very well.

Q. Was Grote's description on board that ship an able seaman? - A. He did duty in the forecastle.

Q. Was Smith's description on board that ship an able seaman? - A. I do not know.

Q. Then you knew Henry Smith , and Henry Grote, as two different persons? - A. Yes.

Q. Do you know what became of Smith? - A. I have every reason to believe he was sent to the Hospital after the action; I know he received some injury in the action.

Q. Do you know what became of the prisoner? - A. I believe he run.

Q. You don't know that? - A. No; he was missed on board the ship in the month of May.

Q. What action was it? - A. between the Mars and L'Hercule.

Cross-examined by Mr. Raine. Q. It was a very severe action, I believe? - A. It was, very severe.

Q. Had you an opportunity of seeing his behaviour in that action? - A. I have reason to believe he behaved well in the action.

Q. Did you ever hear that he had any relatives of the name of Smith? - A. I don't know; I believe not.

WILLIAM CRISSOTT sworn. - Examined by Mr. Fielding. I am an officer on board the Mars; I knew the prisoner on board that ship by the name of Henry Grote.

Q. Do you recollect another seaman on board the Mars of the name of Henry Smith? - A. Yes; he got hurt in the action, and was discharged to the Hospital in May.

Q. Do you know what became of the prisoner? - A. He run from the ship after I left her.

Q. You don't know that yourself? - A. No.

Cross-examined by Mr. Raine. Q. Had you an opportunity of seeing the conduct of the prisoner during the action? - A. Not during the action; but I had seen him at different times on the forecastle, he was very active and steady.

Mr. Fielding. Q. At the time that Smith went to the Hospital, in May, did the prisoner go? - A. No.

Mr. Raine. Q. Whether he might go at any other time you cannot say? - A. No; I left the ship on the 16th of May, I left the prisoner on board.

Q. Do you happen to know any thing of the connections of this man, or their names? - A. No.

The prisoner being a foreigner, his defence was interpreted to the Court as follows:

I did not go there for any money, I am very sorry I did go; My father's name was Henry Grote, and my name is Henry Smith.

GUILTY Death . (Aged 24.)

Tried before Mr. Baron PERRYN .

Reference Number: t17981205-47

48. JOHN AIRD was indicted for that he, on the 7th of March, in the twenty-sixth year of his Majesty's reign, did marry Sarah Gear ; and afterwards, on the 9th of September, in the thirty-eighth year of his Majesty's reign , feloniously did marry, and take to wife, Maria Driver , his former wife, Sarah, being then living .

GEORGE DRIVER sworn. I am the father of Mary Driver: The prisoner drew my daughter in, I never knew any thing of it till two days after; I never saw him till afterwards.

GEORGE LIMMING sworn. - I am clerk of St. Leonard, Shoreditch; these are true copies from the register-book, I have examined them, (reads):"John Aird, of this parish, Batchelor, and Sarah Geare , of this parish, spinster, were married in this church, by banns, this 27th day of March, 1786, by me Joseph Cookson , curate. This marriage was solemnized between us, in prefence of Richard-Porter Scott, George Limming."

"John Aird, of this parish, batchelor, and Maria Driver, spinster, were married in this church, by banns, this 9th day of September, in the year 1798, by me Robert Style , minister. This marriage was solemnized between us, in prefence of Joseph Hugines , Sarah Dunn, X her mark.

JANE RICHARDS sworn. - The prisoner was a

lodger of mine at the time of the first marriage; Sarah Geare and he lived together as man and wife.

Q. Is she now living? - A. She was living when I was sent for to go to the Justices, three weeks ago last Monday.

Q. Were you present at the marriage? - A. No.

Prisoner's defence. About the year 1791, I enlisted in the 37th Regiment, and was at the siege of Dunkirk; When I came home, I found my wife married to another man, and children by him, and I did not like to trouble her for it; I got acquainted with this girl, and I married her; I did not know I was violating the law; Maria Driver's Mother was the sole promoter of the marriage. (Produces the copy of the register of Marriage between Charles Price , batchelor, to Sarah Geare, spirster, the 23d of July, 1791).

Limming. This is a true copy from the registerbook, I wrote it myself.

GUILTY (Aged 40).

Confined twelve months in Newgate , and fined 1s.

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

Reference Number: t17981205-48

49. JOSEPH BENJAMIN was indicted for feloniously stealing, on the 18th of October , a pair of sheets, value 8s. a cloth coat, value 9s. and two pair of breeches, value 10s . the property of Pierre Mounton .

There being no evidence to affect the prisoner, he was ACQUITTED .

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

Reference Number: t17981205-49

50. THOMAS DUNGWORTH was indicted for feloniously stealing, on the 20th of November , twenty-eight pounds of soap, value 22s. the property of James Taylor .

JAMES TAYLOR sworn. - I live at Battlebridge, St. Pancras: On the 20th of November last, returning home, after I had collected linen to wash, I stopped for soap, starch, and blue, at Mr. Savage's oil-shop, in Leather-lane, directly opposite Greville-street, I bought twenty-eight pounds of soap; I had not gone two hundred yards into Liquorpond-street, before I observed that my tail-board was loose; I jumped off the shaft, and ran round the cart as quick as I could, I heard the tail-board fall; I then saw the prisoner with it in his hand, he had just picked it up; he said, Daddy, does not this belong to you; yes, says, I, I believe you know it does; he said his wife said that it dropped from my cart; he said he would help me all he could, he was a long while, and I desired him to desist; after I had put up the tail-board, I asked him if he would drink any thing, we were directly opposite the White-hart public-house; he told me he had no objection, and we had a quartern of gin and bitters; I gave him the halpence, he wished me good night, and said, I know all is safe, and wished me safe home; I had two hundred pounds worth of property in my cart; I jumped up on the shafts, and I found all was safe, I went on till I got home; I took off the upper tail-board, and was going to take the lower one down, when a neighbour called out to me that there was a man upon the shafts of the cart, and asked me if I had employed any body to assist me; he pointed the man out to me, and said he was going off; I said, if he is the devil I will have him; I went over the way, got before him, and laid; hold of him; I did not see any thing upon him, but the soap was found within a yard of where I took the prisoner, and about thirty yards from the cart; I found it was the same man that I had treated in Liquourpond-street; while I held the man by the collar, Mrs. Grover came out and picked up the soap.

WILLIAM GOODALL sworn. - (Produces the soap.) I am the headborough of St. James's, Clerken-Well; I was sent for to take the prisoner to Hatton-garden Office, and then it was brought to the office, and a mark put upon it.

Q. (To Taylor.) When you bought it, had you made such observation of the property as to be able to swear to it? - A. I can swear this is the soap I purchased; it was not packed up, for I was rather later than usual, and I desired them not to mind how they packed it, and they just put a piece of paper round the sides, and tried it up, I suppose there never was a quarter of a hundred of soap went out of a shop packed up so; I can swear further, that it was in the cart when I got to my own door, for I put my elbow upon It when I got out of the cart.

Cross-examined by Mr. Knapp. Q. You leaned upon the soap with your elbow? - A. Yes.

Q. But there is no impression of your elbow upon it? - A. No.

Q. Then I wish you would satisfy the Jury, if you can, that is the soap? - A. It was never out of my possession till I got home.

JOHN LANDER sworn. - On Tuesday, the 20th of November, near upon six o'clock, I had a friend called upon me, upon some business, I went out with him, and when I got to the cart, there was not room for us both to pass, I let my friend go forward; I then saw the prisoner upon the shafts of the cart, upon that I called to Mr. Taylor, and asked him, if he had employed any body to unload the cart; he said, no; I said, there is a man at the top of the front part of your cart; upon that he immediately took a bundle, which he had in his hand, and put it under his drab great coat, that he had on; then he went to the horse's head, crept under the house's head, and ran away; I never lost sight of him till Mr. Taylor had got hold of him;

I then left them together, and went on with my friend.

Jury. Q. Did you see any thing drop from him? - A. No; the cart was between me and him.

Cross-examined by Mr. Knapp. Q. What time in the afternoon was this? - A. It might be near six o'clock at night, it was moon-light, and very bright.

Q. You never lost sight of him, thought the cart was between you and him? - A. I never did.

Q. And yet you could not see any thing dropped by the prisoner, or any body else? - A. No.

MARY GROVER sworn. - I live at Battle-Bridge, in Britannia-street: I heard a great noise, and went to see what was the matter, I had not been at the door long before I saw a parcle lying by a dead wall just by my door, nearly opposite Mr. Taylor's; I went over to Mrs. Taylor, and fetched her, and she took it up, and carried it home.

Cross-examined by Mr. Knapp. Q. The soap, when you saw it, was lying upon the ground? - A. Yes.

Q. And you never saw the prisoner in possession of it? - A. No.

The prisoner left his defence to his Counsel, and called four witnesses, who had known him from fourteen to twenty years, and gave him a good character.

NOT GUILTY .

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

Reference Number: t17981205-50

51. WILLIAM JONES was indicted for feloniously stealing, on the 3d of November , two mahogany tables, value 5s. the property of Thomas Atkinson .

THOMAS ATKINSON sworn. - I am a painter and glazier , I live in Oxford-street; On Saturday, the 3d of November, I went out about seven o'clock, I did not come home till ten; when I came home, my wife said, she had been robbed of tow tables; I saw them afterwards, they were mine.

PETER CHAPMAN sworn. - On Saturday evening, the 3d of November, about eight o'clock, I was standing at my own door, which is next door to the prosecutor's; I saw the prisoner come out with the tables; I went in and asked her, if she had lost any tables; she looked, and said, she believed there was one or two gone; I went some distance, and found two tables standing under a baker's shop, in Dean-street, the corner of Carlisle-street, about 800 yards or better from Mr. Atkinson's house; there was a man in the habit of a sailor in possession of them, not the prisoner, that man I endeavoured to secure, but he made his escape; I then put a person in possession of the tables, and went back to the prosecutor's house, to see if he could swear to the tables; the wife came with me; when I came back, I saw the prisoner, within 100 yards of the tables, looking at them, I knew him to be the man that I had seen come out with the tables, and I secured him and took him to the watch-house.

MARY ATKINSON sworn. - On Saturday evening, the 3d of November, Mr. Chapman came to me to know if I had lost any thing; I then missed them; I went with him to see them, and one of them was a new pembroke table, my husband had oiled it, we had not bought it above ten minutes before; and the other table had got three mahogany legs and one beech one; I had seen them a few minutes before. (The tables produced).

Atkinson. These are my tables.

Prisoner's defence. I know no more of it than the child unborn.

GUILTY (Aged 20.)

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

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

Reference Number: t17981205-51

52. RICHARD CRABTREE was indicted for feloniously stealing, on the 1st of December , 112 lbs of block tin, value 30s. the property of Thomas Bolt .

JOSEPH THATCHER sworn. - I am clerk to Mr. Bolt, wharfinger, at Dice-quay: On Saturday last, I was standing on Smart's-quay, which belongs to the same proprietor; I saw the prisoner take some block tin and put it under his coat; I saw a young man, of the name of Palsrey, run after him; I immediately pursued him and stopped him with the tin upon him; Palsery laid hold of him, and he immdeiately dropped the tin from behind him.

Q. Whose property was it? - A. Mr. Bolt's; it was upon his wharf.

PATRICK PALFREY sworn. - I watch upon the Quays: I saw the prisoner take up this block-tin and put it behind his coat, he carried it part of the way up the gateway, off the Quays; I pursued and took hold of him by the waistcoat, and said, my friend, where are you going to carry that to; he directly turned round and dropped the tin; he said, d-n your eyes, what is it to you; and then struck me, and knocked me up against the wall; then we took him till we got a City constable, and gave charge of him. (It is Produced).

Thatcher. This is Mr. Bolt's property; it is worth ten-pence a pound.

Prisoner's defence. I had been shipping rums off all day, and was a little tipsey; I saw a man on the wharf that asked me to carry it for him, and I had not carried it the length of this place, before this man stopped me; he pulled out his sword, and

cut me over the temple; one of the men that helped to take me was the man that desired me to carry it for him, and he would pay me, but they have not brought him here.

The prisoner called his serjeant, who gave him a good character. GUILTY (Aged 20.)

Confined one week in Newgate , and delivered to his serjeant.

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

Reference Number: t17981205-52

53. BENJAMIN CLARKE was indicted for feloniously stealing, on the 19th of November , two ounces weight of tea, value 4d. the property of the United Company of Merchants trading to the East Indies .

Second Count. Laying it to be the property of certain persons unknown.(The case was opened by Mr. Knapp.)

WILLIAM COMBES sworn. - I am a labourer in the East-India warehouses. On Monday, the 19th of November, I was upon the upper floor of the building when I saw the prisoner go down one of the alleys of the warehouse, he went up to a chest, took some tea out of the chest, and put it into his pocket, I believe it was either in his breeches pocket, or some place made for the purpose in his apron; I acquainted one of the elders with it, and that is all I know about it.

Cross-examined by Mr. Const. Q. I believe it is not by such small quantities as this man is accused of, that the India Company in general have a complaint? - A. I cannot say.

Q. He might have seen you, as well as you see him? - A. He saw me when he went down.

Q. Therefore if he had supposed he had been guilty of a felony, he would have continued it about him? - A. I cannot say as to that.

Court. Q. If he did not observe you, he might have taken a great deal more? - A. Yes, he might, he had an opportunity of taking more.

Q. How long afterwards was it that he was taken up? - A. I believe two or three hours.

Q. Then he continued upon this floor for two or three hours? - A. Yes, he was generally employed upon that floor.

JOHN BURGESS sworn. - I am the King's locker at the India-house: I searched the prisoner, and found upon him a packet of tea, concealed in his breeches pocket, after searching him for ten minutes or more; it contained about two ounces. (The tea produced).

Cross-examined by Mr. Alley. Q. You attend for the purpose of searching people as they come out of the warehouse? - A. Yes.

Q. I take it a man is not likely to get off without being detected, or you must neglect your duty? - A. If we were to search every man as I searched him, it would take us from eight o'clock in the morning till night; we search them as quick as we can.

Q. Do not you search their pockets? - A. No; we search their breeches sometimes.

Q. This is worth about four-pence? - A. Yes.

Q. The prisoner has been some years in the Company's service? - A. Yes.

Q. This tea was folded up in a paper? - A. Yes.

Q. You did not find it in his waistcoat pocket? - A. No.

Q. Did you find it in his apron? - A. No.

Q. You did not find any loose in his pocket? - A. No.

Q. You do not search men when they come into the warehouse? - A. No.

Q. Therefore if a man means to go to see a sick friend before he goes home, after he has done work, and takes a little tea in his pocket for that sick friend, there is nothing wonderful in that? - A. No; but there is a rule against any body taking tea in.

- BARBER sworn. - I am an elder belonging to the India Company's warehouses.

Q. Look at that tea - is that like the tea that you had in the warehouse? - A. Yes.

Cross-examined by Mr. Alley. Q. You have every kind of tea in the warehouse, and therefore you know it must be like the tea in the warehouses? - A. This is congou tea.

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

There were upwards of twenty more attending, but the Court thought it unnecessary to examine them. GUILTY (Aged 60.)

Confined fourteen days in Newgate , fined 1s. and discharged.

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

Reference Number: t17981205-53

54. JOSEPH SALTER was indicted for feloniously stealing, on the 25th of November , a wooden till, value 1s. and five shillings in money , the property of Mary Thomas .

MARY THOMAS sworn. - I keep a chandler's shop in Fleet-market : On Sunday night, the 25th of November, I saw the shop door open, and a woman holding it; a young man went out to see what was the matter; I then heard the till fall; I went behind the counter, and saw the prisoner there; I called out that there was a thief, and the young men that are here as witnesses came to my assistance.

Q. Which way do you believe he came in? - A. At the street door.

Q. What became of the woman at the door? - A. She ran away.

Q. If he had come walking in upright, should you have seen him? - A. Yes; I gave charge of the prisoner to the watchman.

WILLIAM BEDFORD sworn. - I am an apprentice to a gold-beater; I was at the prosecutor's house on Sunday evening, the 25th, about a quarter past ten; we observed the door being held open about five or six inches; Mrs. Thomas asked me to go to the door; I went as quick as I could to the woman at the door, and asked her what business she had there, and she ran away; upon shutting the door, I was alarmed by the till and the money falling on the ground; I was by the side of the counter; I looked over the counter, and saw the prisoner on his knees; upon seeing him, he instantly went upon all fours, upon his hands and knees; he must have gone all round the counter, which is about seven feet and a half long, to get to the till, and the till went quite close to the back of the counter, eighteen inches long at least: my brother came out, and I went and got a watchman, and when I came back, the prisoner was there, and my brother with him behind the counter.

Q. If he had come in upright, must you have seen him? - A. We must.

THOMAS BEDFORD sworn. - I am the brother of the last witness; I was at Mrs. Thomas's on Sunday, the 25th, with my brother; we observed a woman looking in at the door several times; we supposed it was some neighbour whose curiosity had led them to look who was there; my brother went to the door, and she went away, and while he was returning from the door, I heard the till fall; I went behind the counter, and saw the prisoner upon his hands and knees; I asked him what he did there; he said, he wanted a pint of beer; I desired my brother to go for a watchman, and he was taken to the Compter.

SAMUEL HUTCHINS sworn. - I took the prisoner into custody; I asked him what he did there; he said, he wanted a pint of beer, and if we would let him have a pint of beer, he would be very much obliged to us.

Q. (To Mrs. Thomas). How much money had you in the till? - A. I cannot tell exactly.

Q. Was there five shillings? - A. Yes; a great deal more than that.

Prisoner's defence. I was very much in liquor, and how I came there I do not know.

GUILTY (Aged 18.)

Transported for seven years .

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

Reference Number: t17981205-54

55. WILLIAM SIMMONS was indicted for feloniously stealing, on the 23d of November , a saddle, value 1l. 10s. and a bridle, value 10s. the property of John White .

JOHN WHITE sworn. - I am a livery-stablekeeper , in Little Moorfields ; the prisoner was a labourer in the stables; I missed a saddle and bridle about the 19th of November, it was either Monday or Tuesday that it was represented to me that it was missing.

Q. Have you seen it since? - A. Yes, at the Police-office, Worship-street; that, I think, was on the 27th, it was on a Tuesday; I believe it to be mine, but I cannot swear to it; I have a servant here who has had the care of it, and I believe, can swear to it.

Cross-examined by Mr. Knapp. Q. The prisoner, I believe, has lived with you some time? - A. Yes.

Q. He has a wife and family? - A. Yes.

Q. And has maintained a good character? - A. I never had any suspicion of him till this happened.

- BUTLER sworn. - I am ostler to Mr. White; I missed this saddle about the 19th of November, and the bridle likewise; I made enquiry after it, but could hear nothing of it till last Tuesday was a week, when I saw it at Worship-street.

Cross-examined by Mr. Knapp. Q. Mr. White lets out horses? - A. Yes.

Q. Does he not let out saddles and bridles with them? - A. Yes, but not that.

Q. How lately before had you seen it? - A. I had missed it about two days; I had the looking over the saddles and bridles.

Q. And have not other persons been employed by Mr. White to look after them? - A. Yes, when I was absent.

Q. You will not undertake to swear that your master or fellow-servants did not let out that saddle and bridle in the course of those two days? - A. He might possibly.

Q. How many saddles and bridles have you under your care? - A. About six.

Q. Do you know them all? - A. Yes, and this in particular, I can swear to this saddle and bridle.

JOHN ARMSTRONG sworn. - I am an officer belonging to Worship-street, (produces a saddle and bridle): On Friday, the 3d of November, about eleven o'clock at night, I saw the prisoner knocking at the door of a sadler's, in Worship-street; there was nobody answered from the house; I asked the prisoner who he wanted; he said, Mr. Watson; I told him I would shew him Mr. Watson if he would go with me to a public-house; he said, no; then says I, I will see what you have in your bag; he said, it was a saddle he wanted to get stuffed; I took it to the office, and found it was a saddle and bridle; I asked him where he lived, and he told me; I went, and found it was true.

Cross-examined by Mr. Knapp. Q. This was a place, natural enough, to take a saddle to that wanted mending? - A. Yes.

Q. He made no scruple of telling you where he lived? - A. No.

Butler. This is the saddle that I missed, I know it by frequently riding upon it, five or six times a day; I have had it under my care a long time, it is very rough; and the bridle has got a cut about the middle of the rein, which one of my fellow-servants did, in whetting his razor when it was new.

Mr. Knapp. Q. Did you never see another bridle with a cut in it in your life? - A. Yes.

Q. The saddle you say is rough, was that roughness from wear? - A. No; that would make it smoother.

Q. Did you ever see so rough a one before? - A. Yes.

Q. Then there is nothing wonderful in that? - A. No.

White. I believe it is my saddle, but I cannot swear to it.

Court. Q. Does that saddle want repairing? - A. No.

Mr. Knapp. Q. Be so good as look at the stuffing; does not it want stuffing? - A. No, it does not; and I had given him no orders to get it stuffed.

Q. It has happened, perhaps, where a man has a friend, a sadler, that he can get it done a little cheaper, it is a common thing for them to take it to their own friend? - A. I do not know any such thing.

Court. (To Butler.) Q. Had you given him any orders to get this done? - A. No.

Prisoner's defence. I intended to repair the saddle myself, for fear of anger from my master, and pay for it myself out of my own pocket.

GUILTY (Aged 40.)

Confined six months in Newgate , and fined 1s.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17981205-55

56. WILLIAM NASH was indicted for feloniously stealing, on the 30th of November , a silver fruit-fork value 8s. 6d. a silver pencil-case, with a pencil therein, value 3s. two pocket-books, value 12s. a shaving-case, value 6s. and a clothes-brush, value 1s. the property of William Gaimes .

WILLIAM GAIMES sworn. - On the 24th of November, I lost two thread-cases, or pocket-books; on the 30th, I lost a silver pencil-case, and a silver fruit-fork, a mahogany shaving-case, and a clothes-brush; the prisoner was servant to a person who furnished my house, he had brought furniture in, and on the 30th he brought some more; as I suspected him, I sent for an officer, he was searched, and the pencil-case, and fruit-fork, found upon him; I went to his lodgings with an officer, and found the two thread-cases, a shaving-case, and a clothes-brush, all belonging to me.

WILLIAM COLE sworn. - I told these goods to Mr. Gaimes.

THOMAS WARREN sworn. - I am a constable:(Produces a fruit fork and a pencil and pencil case); the prisoner was searched before I came to Mr. Gaimes's, and they were delivered to me in the presence of the prisoner; I have had them ever since. The man that searched him is here.

- WARNE sworn. - I work for Mr. Gaimes; I went there with some work, the constable was sent for, but he was a long while coming; and I said, I would search him; I asked him, if he had not got something belonging to Mr. Gaimes about him, and he said, no; I searched his pocket, and could not find any thing; I then felt about his breeches, and, at the bottom of his breeches, underneath, near the knee, I felt them; I told him to unbutton his knees, and he tried to shove them under his stockings, but I would not let him; I took them from him, and gave them to the officer, these are the same.

Mr. Gaintes. These are my property.

LEMON CASEBY sworn. - (Produces two thread cases and a shaving case.) I went on Friday last to search the prisoner's lodgings, at the corner of Short's-gardens, Drury-lane; I saw his wife, and asked her for the thread cases that her husband had brought home, and she immediately went to a drawer and pulled out one of them; she said, she had given the other to a young woman who was then in the room, and then she went and fetched it, and gave it to me; I also found this shaving-case.

Mr. Gaimes. These are all my property.

BENJAMIN COLLINS sworn. - I live servant with Mr. Gaimes: I know the thread-cases to be Mr. Gaimes's property; they have my handwriting upon them; I marked them off.

The prisoner did not say any thing in his defence.

GUILTY (Aged 27.)

Transported for seven years .

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

Reference Number: t17981205-56

57. WILLIAM HARRISON was indicted for feloniously receiving, on the 21st of August , five pails of grains, value 15d. the property of William West , knowing them to have been stolen.(The principals having been acquitted at a former Sessions, the prisoner was of course

ACQUITTED .

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

Reference Number: t17981205-57

58. ANN MERRITT was indicted for feloniously stealing, on the 20th of November , a metal watch, value 4l. and seventeen shillings and sixpence in money , the property of James Saunders .

JAMES SAUNDERS sworn. - On the 19th of November, about half past eleven, or a quarter before twelve o'clock at night, I met the prisoner in Barbican.

Q. What are you? - A. A scale-beam-maker, in Duke-street, Southwark.

Q. Are you a maaried man? - A. No. The prisoner asked me to give her a glass of something, she had another person with her, and I gave her a glass at the corner of Beech-lane; she had another person with her; she went with us to a house to drink; we came out again, and she asked me if I would walk home with her; I went home with her; there was a man in the room seemed very much in liquor; the man gave some halfpence, and I gave, I believe, five-pence halfpenny to send for two pots of beer, and while the person that I met her with, whom she called her servant, went for it, I fell asleep, and I might sleep about an hour; I did not feel my money go; but when my watch went, I waked, and missed my money; I then saw Mrs. Merritt.

Q. Did you know her before? - A. I have known her a long time, but whether it was her home or not I cannot tell; there was a kind of a bustle in the room, I caught hold of her, and said, you have got my watch; she said, good God, Ned, how can you think so; she sat down, and I said, return me my watch, or I will call the watchman; she said, I have not got your watch; I then called the watchman, and he came in, and searched her, but there was no watch upon her, and I have never found it.

Q. You say there was a man in the room? - A. When I waked there was not.

Q. How do you know he did not take it? - A. I cannot say. NOT GUILTY .

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

Reference Number: t17981205-58

59. JAMES MORGAN , otherwise MANSFIELD , was indicted for feloniously stealing, on the 11th of November , a cotton shirt, value 5s. and a pair of cloth pantaloons, value 5s. the property of Anthony Ericson .

ANTHONY ERICSON sworn. - On the 10th of last month, I lost two shirts, a pair of pantaloons, and three pair of stockings; and on the Monday after, I saw the shirt and the pantaloons hanging at the door of a man that is here, his name is John Mitchell ; he said that he bought them; I went on board again, and came on shore again, and Mitchell told me he had got the man; that is all I know of it; I never saw the prisoner in my life before.

JOHN MITCHELL sworn. - I am a carpenter: On the 11th of November, I was sitting at dinner with my wife and children, somebody knocked at the door, my wife went, and it was the prisoner; says he, will you buy a shirt; he pulled one from under his coat, and she took it up to look at it; and he pulled out a pair of blue pantaloons, and put them on the counter with the shirt; my wife deals in these things to help maintain my family, I work for squire Perry, in the Dock-yard; she asked him if they were his own property, and he said, yes; says she, what shall I give you for them; four shillings, says he; he said he was very poor, and wanted a little money to have a spree with his shipmates; she told him she would give him three shillings for them; on the Friday, when I came home, she told me a man had been and claimed them, that they had got his name upon them; and on the Monday, I was coming down a ladder and saw the prisoner behind me, I was sure it was him; I met a headborough, and we laid hold of him, and took him to Mr. Green's, 'squire Perry's nephew; we had much ado to get him along; we did get him there, but he was not at home; then I took him to the watch-house; I am positive the prisoner is the man that sold them to my wife. (The property was produced, and deposed to by the prosecutor).

Prisoner's defence. I never sold him any thing in my life. GUILTY .

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

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

Reference Number: t17981205-59

60. SARAH THOMPSON was indicted for feloniously stealing, on the 22d of November , 1l. 13s. 6d. the property of William Bambridge .(The prosecutor was called, but not appearing, his recognizance was ordered to be estreated).

NOT GUILTY .

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

Reference Number: t17981205-60

61. THOMAS WHITEBREAD was indicted for that he, on the 21st of November, in the thirty-second year of his Majesty's reign, at the parish of St. Sepulchre, did marry, and take to wife, Elizabeth Wright , spinster; and afterwards, on the 15th of February , in the thirty-fifth year of his Majesty's reign, at the parish church of St. Ann, within the liberty of Westminster , feloniously did take to wife Ann Bird , and to the said Ann was married, the said Elizabeth, his former wife, being then alive .

There being no evidence to prove his former marriage, he was ACQUITTED .

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

Reference Number: t17981205-61

62. GEORGE MOORE was indicted for feloniously stealing, on the 6th of November , four guineas , the property of John Yeoman .

The case was opened by Mr. Knapp.

JOHN YEOMAN sworn. - Examined by Mr. Knapp. - I am a seaman on board the Earl Talbot East Indiaman; the prisoner had been a seaman on board her: On Tuesday, the 6th of November last, I was in company with William Jones, between nine and ten o'clock, we went into the city, to buy shoes and stockings, and other necessary articles; and about two o'clock, we went to the Hercules, in Leadenhall-street, there I saw William Jones, and several more of my shipmates, but I did not drink with any of them but Jones; the prisoner came in there about four o'clock, and William Williams with him; the prisoner asked me, if I would have any thing to drink; I said, I had rather not; then Williams asked me to go to the Minories, to drink along with some of his friends; I went with the prisoner and Williams to the Vine, in the Minories, and left Jones at the Hercules; we had a shillingsworth of rum and water, and I paid for it; then Williams ordered a half-crown bowl of punch; I asked the landlady of the house, if she could change me a 5l. note; -

Q. Did the prisoner hear that? - A. Yes. She told me, no, she could not give me change, but she would send out for it; and a man that she had sent out, brought me the full change; I paid for a half-crown bowl of punch; there was nobody in company but Moore and Williams; there were four guineas; Moore wrapped it up in a piece of paper, and put it in my left hand waistcoat pocket -

Q. Did you desire him to do that? - A. No, I did not. After that, I pulled it out to see if it was right, I folded them up again, and put them in the same pocket again; the rest of the change I put in my right hand waistcoat pocket, there was half-a-crown'sworth of halfpence among it -

Q. Was there any other gold besides the four guineas? - A. No, there was not. After we had drank the punch, I said, to Moore, I will go to the Hercules, to William Jones ; Moore gave a little boy a penny to fetch a coach to the door, I got in first, and then Moore, and then Williams; I said, to the boy, you have ordered the coachman to drive to the Hercules, and he said, yes, he had; after that, the coachman was driving on very fast for ten or fifteen minutes; then Williams sung out for something to drink, and the coachman got down and fetched us a shillingsworth of brandy and water, I do not know where it was, for I am a stranger in London; and as we were drinking of it, I said to the prisoner, are we not past the Hercules, George; says I, do not lead me into any strange company whatever, but do as you would be done by; upon that, Williams put his head out of the coach window, and said, coachman, don't be afraid that we shall lead him into any bad company, for he is our shipmate and messmate, and he shall not come to any harm; after that, the coachman asked who was to pay for the shillingsworth of brandy and water; I put both my hands into my pockets, I felt my gold there then, and I pulled a shilling out of my waistcoat pocket, and gave to the coachman, he gave the servant girl the glass, and away he drove for seven or ten-minutes longer; and the coachman stopped to set us down where the prisoner ordered him to drive -

Q. Did you hear where he ordered him to drive? - A. No. The coachman stopped for the space of three minutes; while the coachman was stopping, Williams put his hands over my shoulders playing with me, and I felt Moore put his hand in my right hand waistcoat pocket; I said, to Williams, set up; I then put my hand in my waistcoat pocket, and said, George, you have robbed me of four guineas wrapped up in a piece of brown paper; he denied it, and said, did I think he would be guilty of the like; I said, George, if you will give me my money, I will spend half-a-guinea in your company; after that, he would not give me my money, and I sung out to the coachman, says I, carry us to some honest house, for I am robbed, by my messmate, Moore, of four guineas; the coachman then drove to Mr. Carpmeal's, in Bow-street; when we got there, Williams opened the door, and got out and ran away, and the prisoner after him; the prisoner, Moore, was secured by the coachman; the coachman then said, to Moore, don't leave an injured man in my coach; the coachman took him into Carpmeal's, and I went in with him, and gave charge of him.

Q. When he got him into Carpmeal's house, was the prisoner searched? - A. I was searched first, and the prisoner, Moore, was searched after me; Mr. Carpmeal found the silver upon me, but no gold; upon Moore was found three guineas, and several Bank-notes, I cannot say how many.

Q. You do not mean to swear to your guineas? - A. No.

Q. The prisoner was examined before the Magistrate, and committed? - A. Yes, upon the third examination.

Q. You had been drinking at these different public-houses? - A. We had not had any thing to drink before we came to the Hercules, then we had a pot of beer between me and Jones.

Q. Were you drunk? - A. I cannot deny but I had been drinking, but I was not so drunk, but I knew what I was about.

Q. You were a little groggy, about half seas over? - A. Yes.

Cross-examined by Mr. Gurney. Q. You and the prisoner had been a voyage to China together? - A. Yes.

Q. You were mess-mates on board the Talbot? - A. Yes, fourteen months.

Q. How long had you been home? - A. About three weeks.

Q. You were a little flush of money, having received your pay? - A. Yes.

Q. Do not you think the prisoner might be as flush? - A. He might.

Q. Do not you know he had received his pay? - A. Yes.

Q. What was your note? - A. Twenty-six pounds.

Q. Was not his the same? - A. I do not think it was.

Q. Could it be less than twenty pounds? - A. No.

Q. When had you received your's? - A. I had received eleven pounds the Saturday night.

Q. And the prisoner might have received his; it was not likely he should be in want of a guinea? - A. No.

Q. You say you went to the Hercules and the Vine, have you not missed a public-house; were not you at the Golden-lion in the Minories? - A. No, I was not.

Q. That you swear positively? - A. Yes.

Q. You swear you were at no public-house but the Hercules? - A. That I swear upon my oath.

Q. How long did you stay at the Vine? - A. I went between four and five, and came away about seven.

Q. Were you then sober or drunk? - A. I cannot say but I was worse for liquor.

Q. Did you exhibit that by any signs-were you at all noisy? - A. No, I was not.

Q. That is as true as all the rest of your evidence? - A. Yes.

Q. Did you tell this story half as well, and as distinct, when you got to Bow-street the first night? - A. Yes.

Q. Did Williams propose to go to the play at half-price? - A. He did not in my hearing.

Q. Or rather not to your recollection? - A. He did not say it in my hearing.

Q. You are sure you could not have forgot it? - A. Yes.

Q. At the Tobit's-dog were not you a little noisy? - A. No.

Q. Nor in the coach going along? - A. No.

Q. Were either of your companions noisy in the coach? - A. No; we sat very quiet and comfortably all the way.

Q. Williams had his hands upon your shoulders; were you not playing with each other? - A. No; I did not.

Q. You felt Moore's hand in your pocket? - A. Yes.

Q. You did not see it? - A. I could not see his hand there for it was so dark; but it was impossible to have been Williams's hands because he had both his hands over my shoulders.

Q. You never have told anybody that you saw his hand in your pocket? - A. I am quite positive of it.

Q. For instance-you did not tell the Justice so, because you were upon your oath? - A. I never said so.

Q. You told the Justice you never saw his hand in your pocket? - A. Yes.

Mr. Knapp. The information says this, that he discovered his hands in his pocket.

Mr. Gurney. Q. This information was not signed by you till the last examination? - A. No.

Q. The prisoner was searched? - A. Yes.

Q. The brown paper was not found? - A. No.

Q. Did you search the coach? - A. Mr. Carpmeal did.

- KELLY sworn. - Examined by Mr. Knapp. I have drove a hackney-coach fifty years: On Tuesday the 6th of November, I was fetched to the Vine, in the Minories, by a little boy; when I stopped to come up to the door, Williams got up upon my fore-wheel, and said, do you know where you are to drive us; I said, no; says he, you are to drive us to Covent-garden Play-house, at half-price.

Q. Did he speak that loud, or how? - A. In a middling tone of voice; then the prisoner came up upon the wheel, as the other had done, and he said, you must drive us to Covent-garden House, at half-price.

Q. Where was Yeoman? - A. I did not see him till I got to the Tobit's-dog, and did not know I had him in my coach till then; I did not get off my box at all, the little boy that fetched me shut the door; when I got into St. Paul's Church-yard, one of them called out, coachman, get us a shillingsworth of brandy and water; then I drove up to the Tobit's-dog, in St. Paul's Church-yard, I brought them the brandy and water out, and told the servant girl to receive the money; then I saw the prosecutor, and he paid for it, he gave the shilling; then I heard the prosecutor say to Williams, for God's sake do not take me to any bad place, but do as you would he done by; I rather started at that, and then both of them called out at the coach-door, you have no occasion to be afraid, coachman, he is our shipmate, and messmate; then they told me to drive on where they ordered me; then I went on to Covent-garden House; when I got there, they were so very busy that I could not get to set them down where it was clean; then I stopped a little while, and the man cried out, I am robbed by my

shipmates, I am robbed by my shipmates, two or three times over; I immediately got down to the door of the coach, and he said, for God's sake give me the money, I will spend half-a-guinea if you will give me my money, or give you half-a-guinea, but do give me my money again; then he said, coachman, get me to some honest house for God's sake; I did not know where I was, then I drove to Carpmeal's; when I got round to Carpmeal's door, Williams jumped out at the off door, and the prisoner after him; I got off my box, and fell, but recovered myself, and caught the prisoner about ten yards from the door, and said, are you going to leave me an injured man.

Q. Was he standing still, or running? - A. Running as fast as he could.

Mr. Knapp. Q. You conducted yourself very property? - A. I am seventy years of age, and never had a summons in my life; I then took him back and delivered him into the hands of Mr. Carpmeal; Williams got off.

Q. Did you see him searched? - A. No, I did not.

Q. Have you any doubt at all that the prosecutor was the man in that coach? - A. No.

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

Q. Did the prosecutor appear to you to be in liquor? - A. No; if he was he had got sober again, for he gave a very clear evidence before Mr. Bond; the prisoner was drunk, I believe, for he fell asleep for an hour before he was examined.

Cross-examined by Mr. Gurney. Q. And so this great thief, when he was just taken up, and going to be examined, fell asleep? - A. Yes.

Q. You took him ten yards from the coach? - A. Yes.

Q. Was he running towards Carpmeal's door, or from it? - A. From it.

Q. It was not the prisoner that opened the coach door? - A. Williams came out first.

Q. The prisoner was drunk, and the prosecutor sober? - A. They appeared so to me.

THOMAS BARRY sworn. - Examined by Mr. Knapp. Mr. Carpmeal is very ill, and I attend to produce some money that I received from him; I did not see him searched. (Produces three guineas, a pound note, and a shilling).

JACOB GRISSON sworn. - Examined by Mr. Knapp. I am a victualler, in Goodman's-yard, in the Minories: On the 6th of November, I gave the prosecutor change for a five pound note; I gave him four guineas, a half-guinea, and the rest in silver and halfpence.

Q. Are you sure you gave him four guineas? - Yes, I am sure of it; the prisoner was with him, they had got some punch before them; the prisoner wrapped it in a piece of paper, and gave it to the prosecutor, and he put it into his waistcoat-pocket.

Q. Was Williams present at that time? - A. They were all sitting at the table together.

Cross-examined by Mr. Gurney. Q. Did the prisoner lay it on the table, or give it into his hand? - A. I saw him give it into his hand, I believe, but I will not swear to it, I saw the prosecutor put it into his pocket.

Q. Therefore, if any body has said the prisoner put it in his pocket, and not the prosecutor, that is not true? - A. He did not, to my knowledge, the prisoner wrapped it up in paper, and put it down on the table; the prosecutor then took it up and put it in his pocket, to the best of my knowledge.

Q. If the prisoner had put it in his pocket you must have seen him? - A. Yes; I saw the prosecutor put it in his pocket.

Q. In the change you are sure there was a half-guinea? - A. Yes; he put the half-guinea into a screw-box.

Q. And you heard him just now swear that he had no half-guinea, did not you? - A. Yes.

The prisoner left his defence to his Counsel.

For the Prisoner.

THOMAS SMITH sworn. - Examined by Mr. Gurney. I live in Anchor-rope-alley, St. George's in the East, I am a slop-seller.

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

Q. Did you purchase any ticket of him? - A. Yes; for his wages, about the beginning of November; I cannot exactly say.

Q. Before he was in custody? - A. Yes, some days.

Q. What was the amount of it? - A. Twenty-six pounds, eleven shillings.

Q. What did you give him? - A. Between twenty-four and twenty-five pounds.

ANN MITCHELL sworn. - Examined by Mr. Gurney. I live at the Golden-lion, Goodman's-yard, in the Minories: The prisoner was at our house along with Yeoman, on a Tuesday, I cannot say what day of the month, and I was told the next day he was taken up.

Q. What time of the day was that? - A. Between three and four o'clock; they staid about an hour.

Q. Was the prisoner sober or in liquor? - A. He seemed to me to be very sober; Yeoman was very much in liquor indeed; I told the prisoner I would be obliged to him if he would take him out of the house, he made such a noise.

Q. Are you quite positive that the prosecutor was the person that you desired to have taken out of your house? - A. Yes; a coach was called, and stood at the door a good while, but this man would not go.

Q. When did the coach go? - A. It went when

they went, but whether they got into it or no I cannot say.

Cross-examined by Mr. Knapp. Q. Do you keep the public-house? - A. My husband does.

Q. Are you sure the prisoner at the bar was not drunk? - A. He did not seem so to me; they had had three shillings worth of brandy and water.

Q. Have you been in Court all the time of this trial? - A. Yes.

Q. Did you not hear a person swear, that he was drunk and went to sleep? - A. Yes, the coachman.

Q. You were a good deal surprised, I suppose, to hear him say that? - A. Yes; the other man was very drunk.

Q. How long ago was it that you were first applied to to become a witness here? - A. I was subpoenaed last Friday.

Q. Before you were subpoenaed, you never had any conversation with any body about it? - A. No.

Q. Did you never tell any body any thing about it? - A. No, I was surprised when the subpoena came, and said, it could not be for me.

Q. And you are sure the prisoner was perfectly sober? - A. Yes, when he was at my house.

Q. The prosecutor was so drunk, that he could not walk? - A. He could not make much of a walk of it.

Mr. Gurney. Q. He left your house about four o'clock? - A. Yes.

Q. What state he was in at eight you cannot tell? - A. No.

Examined by the Court. Q. Had you ever seen the prosecutor before? - A. No.

Q. Were they in sailor's habits? - A. Yes; I had a good many other sailors in the house.

Q. He has sworn positively he never was in your house? - A. I am sure he is the man that was so drunk.

ANN RICE sworn. - Examined by Mr. Gurney. I keep the Vine, in the Minories.

Q. Do you remember the prisoner and the prosecutor coming to your house? - A. Yes, and Williams with them; the prosecutor was very drunk indeed, and behaved in a very ridiculous manner, jumping about, and knocking every thing about; he made a great noise, and kept holloaing to his shipmates, come along, come along, come along.

Q. What time did they come to your house? - A. To the best of my recollection I think between five and six, and they might stay the space of an hour.

Q. Are you sure they did not stay four hours? - A. No, it was about an hour.

Q. Could a man, who had a distinct recollection, call it four hours? - A. No; my little boy was at the door, and one of them desired him to fetch a coach.

Q. Was the prisoner drunk or sober? - A. I did not perceive that he was the worse for liquor, he behaved very well.

Q. Was Williams drunk or sober? - A. I think he was in liquor; the prisoner said, if the young woman cannot get change, I will pay you; they were at the bar first, and had five or six glasses of liquor; then they went into the back room, and the prisoner ordered half-a-crown's-worth of punch; I told him I had no warm water; he said, never mind, make it like sailor's grog.

Cross-examined by Mr. Knapp. Q. He did not tell you where he wanted to go? - A. No.

Q. You did not hear him say he wanted them to take him to the Hercules? - A. No, they came to my house in a coach, and discharged it at my door.

Q. You did not observe the prisoner drunk at all when he left your house? - A. No, he behaved in a very prudent manner?

Q. He was not half-seas over? - A. No.(The prisoner called William Baver stock, the steward of the ship, and two other witnesses, who gave him a good character).

NOT GUILTY .

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

Reference Number: t17981205-62

63. JAMES GARVEY and JANE GARVEY were indicted for that they, on the 17th of November , in and upon Phillis Mantin , widow , did make an assault, in the dwelling-house of a certain person to the Jurors unknown, putting her in fear, and taking from her person a linen shift, value 2s. 6d. a linen towel, value 12d. and a cambrick neck handkerchief, value 1s. 6d. the property of the said Phillis.

PHILLIS MANTIN sworn. - I go out a washing; I live now in White-lion-street, Seven-dials; I did live on the 17th of November in Dyot-street; I was coming through Middle-row, St. Giles's; I met the two prisoners at the bar; the man prisoner said to me, old woman, how do you do?

Q. Did you know them before? - A. Yes; he asked me if I had any money; I said, yes, I had got three halfpence; then he said, go back to the Black Dog, and we will have something to drink, and we had a quartern and a half of gin, and four of us to drink it.

Q. But who was the forth? - A. Another man, I do not know who he was; I parted from them, and coming through Middle-row again, I met with a shopmate of mine that I had worked with for years; she said to me, we will go and have

something to drink, and we went into the Black Dog, and the two prisoners came in, and said, I should not stay there, because it was a bad house; I had two bundles in my hand, and the man prisoner said, he would take care of me; we went into the Black Dog with this woman, and we had a quartern of gin, or a quartern and a half, I cannot say which, and they would not let me part from them before I went up into their apartments, in a court in Broad-street, St. Giles's, I do not know the name of the court.

Q. Were you sober at that time? - A. I was not rightly sober; I went up stairs, and staid in their apartments an hour by myself.

Q. Without either him or her? - A. Yes.

Q. You took a nap, I suppose? - A. Yes; then the woman prisoner came up and said, d-n you, what have you come up to be a w-e to my husband? I said, did you bring me up in this place to use me ill? she then took up her sist, and struck me in the face; I ran out of the room down stairs as hard as I could; the gentlewoman of the house said, I did not think you would bring up a woman to use her so ill; I went into her room, and the prisoner followed me into her room, and beat me there.

Q. Where was the man all this time? - A. I cannot say; then the prisoner said, I am very sorry for what I have done, I will make you a dish of tea, and make it up; then she went up stairs, and brought down some tea and sugar, and we had tea in the gentlewoman's room; after that her husband came up, and said, where is that poor woman, is she and her bundles safe; she said yes; he then sent for me up, and says she, bring your bundles with you; I said, no, I have left my bundles below, because I knew they were safe; then I carried my bundles up stairs, and the man was there very much in liquor; they wanted me to go for a quartern of gin, and they gave me the money to go for it; the woman of the house said, she would send her little girl for it; says she, consider your bundles, I had come down one pair of stairs; when I went up again, my bundle was open, and I missed a night-cap, towel, shift, and a handkerchief; I have found the things, except the night-cap, at a pawnbroker's; when I missed my things, she struck me down stairs, and said she would see my b-y liver; I believe if I had gone back again, I should have lost the rest of my things, and my life too.

Q. Are you sure these things were in the bundle? - A. Yes.

Q. You were pretty drunk, and they were not sober? - A. I had had two glasses of gin, but I was sober enough; then I went to Bow-street, and asked how I was to proceed, and Mumford, the constable, went before me, and took them up, and took them to Bow-street, and then Mumford and I went to a pawnbroker's, and found the shift at the corner of of Bowl-yard, St. Giles's; and, at the corner of Lascelles-place, we found the tablecloth and the handkerchief.

Q. How long have you known these people? - A. I have known the man these four years; as to the woman, I do not know much about her.

Q. Are you sure that when you went down to order the quartern of gin, they were both together in the room? - A. Yes.

Prisoner Jane Garvey. After she had been lying down, she sent me with an apron to pawn.

Court. Q. Did you send her with an apron to pawn? - A. I did.

Q. Did you give her these things to pawn? - A. No. I did not.

Q. Are you sure you were sober enough to know what you were about? - A. Yes.

MARY COOPER sworn. - I live in Salutation-court, St. Giles's, where the prisoner lived; I heard a noise on the stairs; I went out, and it was the last witness and the woman prisoner; the prisoner had got the bundles in her hand.

Q. Were they sober? - A. No, neither of them.

Court. Gentlemen, I believe you may dispose of this case.

Both NOT GUILTY .

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

Reference Number: t17981205-63

64. MARY JONES and SARAH COUNT were indicted for feloniously stealing, on the 21st of November , two guineas, a half guinea, and two shillings, the property of Nehemiah Bagland , in the dwelling-house of William Count .

NEHEMIAH BAGLAND sworn. - I am a soldier belonging to the South Gloucester Militia .

Q. Where was your regiment? - A. In Horsham Barracks: On the 20th of last month I was going on a furlough; I got in here about nine o'clock at night; I was going down to Gloucestershire, and I came to two or three public-houses by Portpool-lane, I could get no lodging; and as I was walking down the street, I met with the prisoner Jones; I asked her if she could give me any intelligence where I could get a lodging; she told me she could, if I would pay for it; I told her I did not care what I paid, so as I could get a clean bed; she brought me immediately to Mrs. Count's, in Portpool-lane; they took me into a parlour, where there was a very decent bed, and asked me if I wanted a woman to bed with me; I answered, no, I was going down to see my wife, and they walked out of the room both of them, I shut the door.

Q. Did you lock it? - A. No, I believe there was no lock to it, I am not sure.

Q. What o'clock was it when you went to bed? - A. Near ten o'clock.

Q. Were you sober? - A. I bad drank but two glasses of liquor after I left Leatherhead, that is eighteen miles; when I waked in the morning, between five and six, I met with Jones lying on my bed with her clothes on; I immediately got up, and searched for my money; I had put it in my stocking in a purse, when I went to bed, and threw it under the bed carelessly; I missed my money, and saw the purse lying at the foot of the bed; there was a twenty shilling note in the purse, and that was left.

Q. What was gone out of the purse? - A. Two guineas and a half, and two or three shillings, I am not sure which.

Q. Had they seen you pull off your stockings? - A. I fancy they must have been watching me, but I do not know.

Q. They were not in the room when you undressed? - A. No, they were not; I, immediately after I got up, went and fetched an officer, and had them taken up; I took them before a Magistrate, they were both in liquor, he ordered them to prison till the morrow for further examination; the officer found some money that I could swear to.

Q. You do not know of your own knowledge who keeps the house? - A. No.

LEVI OBORNE sworn. - I am an officer belonging to Hatton-garden. On Thursday, the 21st of November, the prosecutor came to me, and said, he was robbed in a house in Portpool-lane, and that he had left Jones in custody of the landlord of the house while he came down; when I went there, a man who looked like a coal-heaver, said, Jones was gone to market along with his wife to buy some pigs' heads; I waited about an hour, and then I went and found them apparently both very much in liquor; I searched them both, but could find nothing on them; I brought them to the Magistrate, and they were examined; upon that examination it came out, that they had been having purl and gin at a public-house in Portpool-lane, where they changed a half-guinea: the next day I received the half-guinea from Mary Simpson.(Produces it).

Prosecutor. This is the same half-guinea that I had in my pocket.

Q. How do you know it? - A. By the date of it, and particular marks upon the head side; besides, there are two black spots; I had had it in my pocket a month, and been turned away with it I suppose a hundred times.

MARY SIMPSON sworn. - I keep the White-horse, in Portpool-lane: the half guinea that I gave to Oburne I received from Mary Jones; this is the same half-guinea.

Q. When did you receive it? - A. On Thursday morning, about ten o'clock; Mrs. Count was with her.

Q. What did they come to your house for? - A. A pair of pattens that Mary Jones had left, and they had each of them a glass of gin; she paid me one shilling; nine-pence of that she owed me, and three-pence the gin; Mrs. Count had nothing to do with the money; she neither gave me the half-guinea, nor received the change.

Court. (To the Prosecutor). Q. Which of them was it asked you if you wanted a woman to bed with you? - A. Mrs. Count.

Prisoner Jones. (To Simpson). Q. Had you no more half guineas in your pocket besides that? - A. Yes; I had two more.

Court. Q. Are you sure that is the half-guinea you received from the prisoner? - A. Yes; I rather disputed it because it was light.

Jones's defence. He agreed to give me half-a-crown for sleeping with me for the night; the half-guinea I received from a young man belonging to the Belvidere, with other money.

Count's defence. I am entirely innocent of what is alledged against me.

Jones, GUILTY

Of stealing to the value of 39s.

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

Count, NOT GUILTY .

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

Reference Number: t17981205-64

65. MARY HAMILTON was indicted for feloniously stealing, on the 6th of December , a pewter quart pot, value 1s. 6d. and two pewter pint pots, value 2s. the property of Michael Barker .

MICHAEL BARKER sworn. - I keep a public-house in Chandler-street, Grosvenor-square ; I went out for some pots; when I returued I heard there were some pots stolen.

- ADAMS sworn. - I work with my father, who is a gun-maker; I was chopping some wood in the back yard, and saw the prisoner put three pots under her apron; I told Mr. Barker's maid of it, and she took them from her.(The prosecutor's servant girl deposed, that she took them out of the prisoner's apron).

Prisoner's defence. I leave myself to the mercy of the Court.

GUILTY (Aged 53.)

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

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

Reference Number: t17981205-65

66. MAURICE GOGAN was indicted for

feloniously stealing on the 5th of December , an iron gate and chain, value 7s. 6d. the property of Richard Collins .

ELIZABETH MAYCOCK sworn. - I met the prisoner at the bar with a gate and chain on the 5th of December, at the corner of Catherine-wheel-yard, in Windmill-street.

RICHARD COLLINS sworn. - I am a carpenter, in King-street, Golden-square; I lost a gate in Panton-square; it stood in a room of a house that was repairing; I lost it on the 5th of this month, and it was brought to my shop on the 6th by Mr. Northam.

JONAS NORTHAM sworn. - I am a plaistere: On Wednesday night, the 5th of this month, the gate was missing; the prisoner came to work the next morning as usual; I asked him where it was, and he generously told me where it was.

Q. What did you say to him? - A. I asked him where it was, and he told me at No. 35, Great Windmill-street; I went there and fetched it.(The gate produced).

Collins. This is my gate, I know it by the chain and the fastenings, I had had it some years.

Jury. Q. Was it at an old iron shop? - A. Yes.

Q. (To Maycock). What did you see him do with the gate? - A. Nothing, only he passed me with it.

Northam. I brought the prisoner down into the kitchen, where Mrs. Maycock was; she said, he was the man, and then he told me where it was.

MARY CLONEY sworn. - I keep an earthenware and broker's shop, and deal in old iron, in Windmill-street; the prisoner came to my house about one o'clock in the day, and asked me if I bought old iron; I told him I did, if it was their own.

Q. You are sure you told him that? - A. Yes; he said, it was his own, and I told him not to bring it unless it was; I gave him five farthings a pound for it.

Q. That is the full value of it, I take it for granted? - A. Yes; we do not get three halfpence a pound for it ourselves.

Q. Are your sure that is the man? - A. I am not positive, I had seen him but that once, I believe he is the man.

Prisoner's defence. My Lord and Gentlemen, I met with this gate in an alley, as I was coming out of Panton-square; I sold it at this shop; I stumbled against it as I came out of the alley.

Q. (To Collins). What is the prisoner? - A. A plasterer and labourer; he has worked with his master, I believe, three quarters of a year, or a year.

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

GUILTY , (Aged 27.)

Confined fourteen days in Newgate , and fined 1s.

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

Reference Number: t17981205-66

67. WILLIAM LAMBERT was indicted, for that he on the 26th of November, in the 32d year of his Majesty's reign, at the parish of St. Mary, Lambeth, in the county of Surrey, did marry one Ann Messenger , and that he afterwards, on the 19th of September, in the 37th year of his Majesty's reign , at the parish of St. Ann, Westminster , feloniously did marry Ann Ryland , his former wife being then alive .

There being no evidence to prove the first marriage, the prisoner was

ACQUITTED .

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

Reference Number: t17981205-67

68. MARY MAJOR was indicted for feloniously stealing, on the 1st of December , five pounds and a half of bacon, value 1s. 10d. the property of Alexander Burke .

ALEXANDER BURKE sworn. - I live in Rosemary-lane , I sell bacon : Last Saturday was a week, between seven and eight o'clock, I saw the prisoner come into the shop, and put a piece of bacon under her cloak; I called out stop thief; Mary Barrett was shutting the shop window, and she stopped her with the bacon.

MARY BARRETT sworn. - I was fastening the window, and heard Mr. Burke cry, stop thief; I took hold of the prisoner, and brought her back; Mrs. Burke took the bacon from her.

SARAH BURKE sworn. - I took the bacon out of her apron; it is our bacon.

Prisoner's defence. I had been three days and three nights, without breaking my fast, and could not get any thing to do.

GUILTY (Aged 63).

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

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

Reference Number: t17981205-68

69. RICHARD BROWN was indicted for being found at large before the expiration of the term for which he was ordered to be transported .

JOHN NOWLAN sworn. - I am an officer belonging to Lambeth-street: In consequence of an information, I went, in company with Thomas Griffiths, another officer, on Friday the 16th of November, to the Crown and Sugar-loaf, in Fleet-street, where I apprehended the prisoner in the tap

room; I asked him how he was; he said he did not know me; I asked him his name; he said his name was Williams; I told him his name was Brown; I knew him very well - I have a certificate of his conviction. (Produces it).

Q. Where did you get it from? - A. From Hickes's-hall; I saw Mr. Selby sign it. (It is read).

THOMAS SIMPSON sworn. - I am servant to Mr. Kirby; the prisoner was delivered on the 2d of November, 1797, on board the Stanislaus hulk.

Q. Did you see him tried? - A. No.

JOHN PRIESTLEY sworn. - I am a servant to Mr. Kirby: I was present when the prisoner was tried at Hickes's-hall, in July, 1797.

HENRY LOGGEN sworn. - I belong to the hulks, at Woolwich: Richard Brown received a conditional pardon in August, and was discharged from the hulks on the 30th of September. (Produces the pardon, upon condition that be should leave the kingdom within one month) (It is read).

Mr. Knowlys. Q. Did not this young man behave well on board the hulks? - A. Extremely so, or he would not have been recommended; an application was made to us for a character of him.

For the Prisoner.

EDWARD RAVEN sworn. - Examined by Mr. Knowlys. Q. You are in the Duke of Portland's, the Secretary of State's Office? - A. Yes.

Q. Do you know whether any application was made to the Duke of Portland's office for another month? - A. Yes, he had a licence for another month, which was transmitted to the Recorder: that such a pardon did pass the seal, there is no question, and such a licence.

Q. Do you know that the father has taken some pains to get him out of this country? - A. I am sure of it; and it has been only for want of opportunity that he now stands there.

ROBERT HENDERSON sworn. - Examined by Mr. Knowlys. I am a seaman.

Q. Have you taken any pains to get the prisoner conveyed out of the kingdom? - A. Yes; and I have heard his father offer fifty pounds to get him a birth.

THOMAS SMITH sworn. - Examined by Mr. Knowlys. I am a slop-seller, at St. George's in the East.

Q. Do you know of any endeavours of the father of this lad to get him out of the country? - A. Yes; within these ten weeks I was applied to to get him a situation; he said he would give twenty pounds for a birth: he applied to me several times.

Q. I believe there is not the same case to get out a landsman as a seaman? - A. No.

JOHN LOVETT sworn. - I had an application made to me, by Mr. Smith, to get a birth for the prisoner; I had the promise of a birth for five weeks for him.

Q. To go where? - A. To India.

- BROWN sworn. - Examined by Mr. Knowlys. I am the father of the prisoner.

Q. From the time you had him from Woolwich, till he was taken up, where has he been? - A. Working for me at his business; it was his desire to go to sea, I have tried to get him a birth to Embden, and to India both.

Q. Did you use every effort to get him conveyed out of the kingdom? - A. I did.

Q. How has he behaved during that time? - A. With the greatest propriety.

NOT GUILTY .

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

Reference Number: t17981205-69

70. OWEN DONOLAND was indicted for that he, on the 21st of November , a piece of false and counterfeit money, made and coined to the likeness of a sixpence, as and for a good sixpence, unlawfully and deceitfully did utter to one James Cummings , knowing the same to be false and counterfeit .

Second Count. For that he, at the same time, knowingly had about him another piece of false and counterfeit money, made to the likeness of a sixpence, against the form of the statute.(The indictment was opened by Mr. Ward, and the case by Mr. Raine.)

JAMES CUMMINGS sworn. - Examined by Mr. Ward. I keep a public-house in New-street, Fetter-lane: The prisoner came to my house on the 21st of November, between six and seven o'clock in the evening, and called for a pennyworth of twopenny; he gave me a sixpence to change, it being candle-light I did not observe it was a bad one, though I had some little suspicion of it, I gave him five pennyworth of halfpence in change; about a quarter of an hour afterwards he came again, and ordered a pint of beer, for the payment of which he offered me another sixpence, and I suspected it; I rubbed it on the hearth stone of the tap-room, and saw it was copper; I then pulled out the other sixpence that I had taken of him, I rubbed that, and found that was copper; I told him I must take my porter back again, and he must give me my change; he was looking over the halfpence to give me them back, and I observed another sixpence in his hand; I desired him to give me that, which, when I looked at it, I saw was a bad one also; I then sent my brother for an officer, and had him taken into custody. (Produces the sixpences).

RICHARD MIDDLETON sworn. - Examined by Mr. Raine. On the 21st of November, I was sent for to apprehend the prisoner; I searched him, and found seven bad sixpences upon him, and about three shillingsworth of good halfpence. (Produces the sixpence).

Mr. William Parker proved them to be all counterfeit.

Prisoner's defence. I got them in change for a seven-shilling piece.

GUILTY .

Imprisoned one year in Newgate , and to find sureties for his good behaviour for two years more .

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

Reference Number: t17981205-70

71. SAMUEL GODFREY and JOHN BENNETT were indicted for feloniously stealing, on the 26th of November , a silver table-spoon, value 10s. six silver tea-spoons, value 14s. two cloth coats, value 2l. four waistcoats, value 4s. a pair of corderoy breeches, value 1s. a velveteen jacket, value 1s. a pair of men's leather shoes, value 5s. and two pair of cotton stocking, value 2s. the property of Edward Howe , in the dwelling-house of Eleanor Higgins and William Smith .

EDWARD HOWE sworn. - I am waiter at the Three Cups-Inn, Aldersgate-street: The prisoner, Bennett, was under horse-keeper , and the other was horse-keeper to a hackney-coachman, in a yard against Hatton-wall. When I went to bed, about one o'clock in the morning of the 26th of November, I found my box broke open, and missed the things mentioned in the indictment, (repeating them); Bennett was missing from his bed; the next morning, I went to where Godfrey worked, and took him upon suspicion, I found a pair of cotton stockings upon him, with my mark on them, they were in his pocket; then I went in search of Bennett, and found him at a public-house upon Saffronhill, drinking a pint of beer; I found my clothes in a bag underneath a bench in the tap-room, and a pair of stockings and six silver tea-spoons in his pocket; he was taken into custody, and carried to Hatton-garden.

Q. What did they say for themselves? - A. I did not hear either of them say any thing.(William Chapman, the officer, produced the property, which was deposed to by Howe).

Bennett's defence. I was not up stairs that night at all.

The prisoner, Godfrey, called his master, who had known him between four and five years, and gave him a good character.

Godfrey, NOT GUILTY .

Bennett, GUILTY (Aged 24.)

Of stealing to the value of 39s.

Transported for seven years .

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

Reference Number: t17981205-71

72. RICHARD EVANS was indicted for feloniously stealing, on the 29th of October , 41bs. weight of raw sugar, value 2s. the property of Thomas Bolt .

MICHAEL JONES sworn. - I am a carpenter: On the 29th of October, between the hours of one and two, I saw two men plundering a hogshead of sugar up Trigg-wharf , which belongs to Mr. Bolt, they had their hands in the head of it; I drove them away, and Mr. Humphreys, one of the clerks, was standing there, and he brought the prisoner back, who was one of the two, with this quantity of sugar in his coat pockets, (Producing it); I took it out of his pocket, and put it into this bag, there is about four pounds of it; it was loose in his pocket.

HUGH HUMPHREYS sworn. - I am clerk to Mr. Bolt; I met the prisoner coming up the lane, I suspected he had some sugar about him, and I stopped him; I felt outside his pockets, and finding he had some, I brought him back.

THOMAS BOLT sworn. - I know nothing of the loss; it is impossible for me to swear to the sugar; I understand he has worked for me several times upon the wharf.

Prisoner's defence. My wife was very ill, and I met a man on the wharf that gave me this sugar; I accepted it, thinking it would be of service to my wife.

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

NOT GUILTY .

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

Reference Number: t17981205-72

73. ELIZABETH COTTON was indicted for feloniously stealing, on the 5th of December , two pair of leather boot-legs, value 9s. and two pair of leather vamps, value 3s. the property of John Burn ; a waistcoat, value 3s. the property of James Burn ; and a cotton frock, value 2s. 6d. the property of Nancy Burn .

SARAH BURN sworn. - I am the wife of John Burn, I am a boot and shoe maker , No. 4, New-court, Rope-maker's-alley : Last Tuesday, after dinner, I heard a strange foot coming down stairs, as I thought, and I sent out my daughter to see who it was; she said, a person had turned the corner; I sent my boy up stairs to see if any thing was gone, and he missed some boot-legs; I went out to see if I could see any body, and as I returned, I met the prisoner with the boot-legs and things in her apron; I asked her, what she had got there, and she said, they were all mine; there were two pair of boot-legs and vamps, a waistcoat and a frock; she dropped them on the ground, and I picked them up; she went away, and I called out for help; two men pursued after her; I brought her back, I am sure she is the person.

JOHN CROUCH sworn. - I am a constable; (produces the property).

JOHN BURN sworn. - I know these things to be mine.

The prisoner did not say any thing in her defence, but called two witnesses, who gave her a good character. GUILTY (Aged 17.)

Confined one month in Newgate , and fined 1s.

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

Reference Number: t17981205-73

Second London Jury.

William Marsh ,

Robert White ,

George-Harvey Thompson ,

George Heath ,

John Norris Dagley ,

John Gadsden ,

Thomas Cole ,

John Bellin ,

William Wilson ,

John Rooke ,

George Bailey ,

Richard Smedley .

74. RICHARD COLEMAN was indicted for feloniously stealing, on the 3d of September , a bag, value 1d. a half-guinea, a seven shilling piece, and a piece of foreign silver coin, value 2s. the property of William Cork , jun. The indictment was opened by Mr. Vaillant, and the case by Mr. Knowlys).

WILLIAM CORK , Jun. sworn. - Examined by Mr. Vaillant. I am a drover , I live at Seven-oaks, in Kent: On Monday, the 3d of September, I had my pocket picked, just at the corner of Newgate-street , at very near three o'clock, just before the Lord-Mayor's coach came up to proclaim Bartholomew-fair; my brother, and a young man that were with me, got up behind a hackney-coach; there was a great crowd of people; the coachman told us to get off, or we should have our pockets picked; as soon as we were down, I heard a voice call out, "butcher, take care of your pockets;" as I sat on the back of the coach, I had my right hand on my thigh, I had not lost any thing then, and from that time, to the time I lost it, was not more than four minutes; a constable came up to me, and desired me to search my pockets; I had got down from the coach, and I was pressed so against the handle behind the coach by the crowd, that I could not move; when the constable came up, I searched, and missed my bag.

Q. What coloured bag was it? - A. It was yellow when it was new; it contained half-a-guinea, a seven shilling piece, and a French half-crown; I never saw it afterwards.

Cross-examined by Mr. Knapp. Q. You have never seen the bag since? - A. No.

Q. Nor the money? - A. No.

Q. You would not swear to this money? - A. No.

Q. Nor you would not swear to the French half-crown? - A. No.

Q. How many times have you been before the Grand Jury this Sessions? - A. Twice.

Q. Was not the first bill against the prisoner upon the same facts, and was it not thrown out? - A. It was.

Q. And yet, after the Grand Jury had thrown out the first bill upon the very same charge, you went before the Grand Jury again? - A. Yes.

Mr. Knowlys. The first charge was for privately stealing, and it turned out that there was a person saw it, and he preferred another bill.

Mr. Knapp. Q. Who told you to go again to the Grand Jury? - A. The Solicitor, I believe, or Sansum, or some other person.

Q. Upon your oath, did not the constable advise you? - A. Yes, and the Solicitor.

Q. What, the Soicitor for the City of London? - A. Yes.

Q. Then your other bill was found - A. Yes.

Q. Did any body else give you any advice upon the subject? - A. We had nobody else with us to give us any advice.

Q. You never saw any body else on the subject? A. I saw a great many people, but not to advise with them.

Q. What was the original charge? -

Mr. Knowlys. I object to that, because it is upon record.

Mr. Knapp. Then I will produce the record.

Q. So this man has twice been called upon, and the Grand Jury have thrown out the first bill? - A. Yes.

CHARLES SANSUM sworn. - Examined by Mr. Knowlys. I am one of the constables of the City of London.

Q. Do you know the prisoner at the bar? - A. Yes, I know him well.

Q. Did you know him before the 3d of September? - A. Yes, in the pick-pocket way.

Q. How long have you known his person? - A. Three or four years.

Q. Did you see him on that day? - A. Yes.

Q. Did you see Cork, the prosecutor, on that day? - A. I did, about one o'clock, as near as I can tell; it was at the time that the late Lord-Mayor was going to proclaim Bartholomew-fair; when I saw him first, he was standing behind a coach, I believe a hackney-coach; I saw the prisoner in company with several more.

Q. Do you know the names of any of them? - A. Yes, Taylor, Anderson, and himself, were all three together.

Q. Did you at any time see him near Cork? - A. I did; I saw a man who I knew to be a pickpocket, tell the coachman there was a whole lot of people behind; the coachman then desired them to get down; then Anderson went right before Cork, and the prisoner at the bar went between Cork and another man, a countryman; just at that time the

state coach went by, and for a minute or two I lost sight of him; then I went on the same side of the way that they were on, when the coach was gone by; then I stood along-side the horses of another coach, next to that coach where Cork stood; the horses heads were to the hind wheels of the other coach; the prosecutor's arm was upon the handle behind the coach; he was very much pressed, though he need not have been pressed, he was pressed sideways; I saw Coleman shoving him in that way, keeping him down, so as to keep him in that posture, bending upon his elbows; I then saw Taylor stoop down; I called out, "butcher, take care of your pockets;" the prosecutor had a blue apron on, like a butcher; I then stooped down, and looked underneath the horse bellies that I was standing along-side; I saw Taylor draw his hand from Cork's right-hand pocket, and give a canvas bag into Coleman's hand; it looked like a dirty canvas bag; then they both ran away one way, and Anderson went another way; there were so many coaches going by, I could not immediately, but as soon as I could, I went to the prosecutor, I told him what I had seen, and who they were.

Q. You did not apprehend them immediately? - A. No, I did not.

Q. I believe Coleman was not taken till November last? - A. No.

Q. He was brought up from Hull, I believe? - A. Yes.

Q. Who delivered him into your custody? - A. Townsend and Sayer, officers of Bow-street.

Q. As you knew Colman's person before, are you sure he is the person that received this dirty canvas bag from Taylor? - A. Yes, I am positive of it.

Q. How did Coleman appear to be dressed? - A. He had on a mixed coat, like the coat he has on now, but it had not a black velvet collar to it.

Cross-examined by Mr. Knapp. Q. You have been before the Grand Jury twice this Sessions upon this same business? - A. Yes.

Q. First the Grand Jury threw out the bill, and the last time they found it? - A. Yes.

Q. At what distance might you be from them when you say you saw this canvas bag? - A. About two yards, just the length of two horses; I was under the horses bellies of the coach that stood alongside, and the prisoner was behind the other coach, and the two coaches stood different ways.

Q. Being under the horses bellies, you must have stooped? - A. Yes, and so was Taylor upon his knees; I made it my business to look.

Q. Was Anderson apprehended? - A. Yes, I apprehended him within five minutes afterwards, and he was discharged by order of Mr. Alderman Staines.

Q. Before he was discharged, had you any conversation with him? - A. I never had; I ordered him to be locked up after he had beat me.

Q. You drank with him? - A. Yes, I had a glass of gin with him.

Q. Did you ever see the colour of his money? - A. I have seen the colour of his fathers's money.

Q. Did you receive any money from his father? - A. Yes; when I took Anderson, he having beat me, as there was not susfficient evidence upon this charge, I told the Alderman he had assaulted me in my duty, and I did not mean to let him go, I should charge him with an assault; upon that his father went with me to a public-house, and offered a guinea between Backrow and I, for he had assaulted him too, and kicked his shins; I went back to the Alderman, and told him of the proposal, and he said, if I chose to settle it in that way, I might, and I received a guinea.

Q. Anderson was sent to sea, I believe? - A. Yes, I could not swear particularly against him.

Q. You say you have known Coleman two or three years? - A. I cannot say whether he has been home from Botany Bay so long; I have seen him in Fleet-street and Newgate-street, among a gang of thieves, and turned him out of different mobs many times.

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

Q. And you know Backrow, he is a brother constable of your's? - A. No, he is not.

Q. He has been a constable of the City? - A. Yes, till he was broke.

Q. And you are a City constable? - A. Yes.

Q. Now, if I should call a dozen people, who know Coleman as well as you, to say, that, upon your calling for assistance, Coleman was not there, what should you think of that? - A. They will false swear themselves.

Q. Was it by your advice that a hand-bill was published? - A. Not by my request, I do not know that I ever mentioned it.

Q. Upon your oath, did you not say to the Alderman, it would be a good thing that an advertisement should be published? - A. I do not recollect whether I did or not.

Q. This offence is charged to have been committed as long ago as September? - A. Yes.

Q. When was this bill published? - A. I never drew it out.

Q. When was it published? - A. I cannot tell.

Q. Do you know of any paper of that sort being published? - A. I do.

Q. Was that at your desire to the Magistrate, or of the Magistrate's own accord? - A. I recollect now perfectly well, that Sir William Staines mentioned it first.

Q. You knew the prisoner Coleman before? - A. Yes.

Q. Of course you knew him to be pock-freeten? - A. No.

Q. Do you know him not to be pock-fretten? - A. I cannot say whether he is or not, but I know his face perfectly well.

Q. If you had seen the advertisement that described Coleman to be a pock-fretten man, would that have answered his description? - A. Yes, to any body that knew him as well as I do.

Q. Do you mean to swear whether he was a pock-fretten man or not? - A. I do not call him a pock-fretten man, I did not draw the bill up; the person that drew the bill up knew nothing at all about him.

Q. Had you any conversation with the person who drew the bill up, before it was drawn up? - A. No.

Q. If there had been such an advertisement as described the prisoner to be a pock-fretten man, should you have supposed that that answered the character of the countenance of that man? - A. If it had been advertised as it was, I should have taken him for the man.

Q. Look at that bill - did you not give this sort of account to the Magistrate, in order for its publication? - A. I did not.

Q. Were you present when it was drawn up? - A. No; it was drawn up while I was gone back with Anderson to the Compter; I took it to the printer's afterwards.

Q. (Reads)."Sitting Alderman Justice-room, Guildhall. Whereas two men stand charged before Sir William Staines , Knight, one named Richard Coleman, the other named John Taylor, with stealing on the highway from a person of the name of William Cork , at the corner of Newgate-street, on Monday, the 3d of September, a canvas bag, containing a half-guinea, a seven shilling piece, and a French half-crown. Any person or persons apprehending the said Richard Coleman , or John Taylor, or giving such information as may lead to the apprehension of them or either of them, shall receive a reward of 10l. over and above the reward allowed by act of Parliament. The said Richard Coleman is about five feet five inches high, pock-market, of a dark complexion, short hair, and lately returned from Botany Bay." Pockmarked I see described here - did that answer from your knowledge of the man, the description that you have given? - A. Coleman and Botany Bay were sufficient to apprehend him any where; when I went to the printer's with it, I said to Mr. Fenwick's young man, that it was wrong, but it did not signify, for Coleman and Botany Bay were sufficient, almost every body knows him.

Q. Does pock-marked answer his description? - A. I do not know whether he is pock-marked or not; I don't think he is.

Q. When you were under the horses did you see Backrow? - A. Yes.

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

Q. And yet Backrow assisted you in taking Anderson to the Compter? - A. Yes.

Q. This is a prosecution by the City of London, is it not? - A. I believe it is.

Q. Do not you know that the City Solicitor brings you here? - A. No; I was bound before I ever saw the Solicitor.

Q. Upon your oath, - do not you know that the Solicitor for the City of London is the person that conducts this prosecution? - A. I do.

Q. You are paid for attending here? - A. I suppose I shall be allowed something for it,

Q. You have been paid for coming here, have not you? - A. No.

Q. You expect to be paid? - A. Yes, for my lost time.

Q. I see there is a reward offered, you don't lay a claim to any part of the reward? - A. No, I cannot.

Mr. Knowlys. Q. You have been twice before the Grand Jury upon this charge against Coleman? - A. Yes.

Q. It was no direction of your's to go before the Grand Jury a second time? - A. No; it was the City Solicitor took me there.

Q. Was the money you received from Anderson given you as a compensation for the injury you had received? - A. Yes.

Q. As to this description, pock-market, it does not apply to him? - A. No.

Q. Does dark complexion apply to him? - A. Yes.

Q. Does short hair apply to him? - A. Yes.

Q. Does lately returned from Botany Bay apply to him? - A. Yes.

WILLIAM CHAPMAN sworn. - Examined by Mr. Vaillant. On the 3d of September, I was with Cork, and his brother, behind a coach, we sat on the foot-board.

Q. Did you see the prisoner that day? - A. Yes.

Q. What was the colour of his coat? - A. A lightish grey; when the Lord-Mayor's coach came, the coachman ordered us off behind, we got off immediately, and as soon as we were off from behind the coach, the prisoner got in between me and Cork; as soon as he was got by the side of Cork, I heard a person call out, butcher, take care of your pockets.

Q. How long did the prisoner remain between you? - A. I never saw the going of him.

Q. How long was it before Cork found out that

he had been robbed? - A. He never knew it till he was told of it.

Q. How long was that? - A. Not above a minute after the Lord-Mayor had passed.

Q. Did you see Coleman after that? - A. No, I did not.

Q. How long a time do you think you had an opportunity of observing the person of the prisoner? - A. I only observed his crowding in between us.

Q. Do you think it was a minute? - A. Yes.

Cross-examined by Mr. Knapp. Q. What are you? - A. A butcher, at Farnborough, in Kent.

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

Q. And yet you mean to swear that the prisoner is the person, though you had only the opportunity of a minute to observe him? - A. Yes.

Q. You were before the Grand Jury? - A. Yes.

Q. You say the coat the prisoner had on was a lightish grey? - A. Yes.

Q. Did you not hear the examination of Sansum? - A. No.

Q. It was a very light grey? - A. No.

Q. Look at the coat he has on, do you call that a light grey? - A. Yes.

Q. Do you mean to swear that that is a light grey coat? - A. I should think so.

Q. You have heard of a reward that has been offered of ten pounds? - A. I do not know what reward you mean.

Q. Why, for apprehending the prisoner? - A. No, I never did, I thought you might mean the reward that was offered to the prosecutor not to appear.

Q. Look at that bill? - A. I never read it, not to know of any reward; I have read just the top of it.

Q. Where have you been living since you have been in town? - A. I have dined mostly with Sansum and Cork.

Q. At whose expence? - A. I have paid for some, and some he has paid for.

Q. You expect to be paid again? - A. I hope so.

Q. Who has paid for your bed since you have been in town? - A. Ourselves.

Q. Then you attend here merely for the good of the public? - A. I was obliged to appear, because I was bound in a twenty pound bond.

JOSEPH STOKES sworn. - Examined by Mr. Knowlys. Q. Where do you live? - A. In Black-raven-court, Leadenhall-street, I am a weaver: I was in Newgate-street the day that Bartholomew-fair was proclaimed.

Q. Do you recollect seeing that man, Cork, there? - A. Yes, at the corner.

Q. Do you recollect seeing the prisoner there? - A. Yes.

Q. Tell us what you saw of the prisoner and the prosecutor? - A. I saw the prisoner run away.

Q. Before he run away, how near was he to Cork, the prosecutor? - A. Close to him; the officer called to me, and said, butcher, take care of your pockets; the prisoner was close to him then.

Q. Are you sure he is the man who stood near Cork? - A. I am certain, to the best of my knowledge, that he was there; it was in consequence of what Sansum told me, that I gave my attention to him.

Cross-examined by Mr. Knapp. Q. You did not know the prisoner at the bar before? - A. No; I never saw him before.

Q. How long an opportunity had you of observing the prisoner? - A. I suppose, from the first time to the last time that I saw him, was a quarter of an hour, or twenty minutes.

Q. There was a great deal of croud at that time? - A. No, the croud was going off.

Q. You do not mean positively to swear that the prisoner was the man? - A. To the best of my knowledge he is the man.

Q. What was his dress? - A. Something like what he has now.

Q. Not a lightish grey? - A. Yes.

Q. Do you call that a lightish grey? - A. I think so.

Mr. Knowlys. Q. Have you any doubt of his person? - A. None in the world.

Mr. Knapp contended, that the Grand Jury, being a competent jurisdiction, having thrown out a bill for the same offence, the prisoner ought not again to be put in jeopardy. - The objection was over-ruled by the Court.

Prisoner's defence I have been an unfortunate man it is true, but I have not been home eighteen months, though Sansum says I have been three or four years; I was not near the place, I am entirely innocent of it, as the witnesses will prove that are about to be called, who are entirely strangers to me.

SAMUEL HASTINGS sworn - Examined by Mr. Knapp. I am a cork-cutter, I work at Mr. Hardy's in Little Eastcheap: I was present when the Lord-Mayor went to proclaim Bartholomew-fair, I was standing about four yards and a half from the place where the robbery was done; I saw a man, not the prisoner at the bar, clinging round Mr. Cork, with his arms round his waist; I had seen the same man do the same sort of acts before, I took particular notice of him; I saw him run across the way, and a man that is described by the name of Taylor, which I gave part of his description to Mr. Alderman Staines; one was of a light complexion, and the other of a dark complexion, they both ran away.

Q. Had you known the person with the dark

complexion before? - A. Yes, I have seen him go past our shop many times, in the same sort of acts, when I worked in Watling-street, two doors from Bow-lane.

Q. Do you know what was his name? - A. William Saggers.

Q. It was not the prisoner at the bar? - A. No, I can swear it was not the prisoner at the bar.

Q. What was the name of the light complexion man? - A. I do not know.

Q. Do you know what is become of Saggers? - A. He is now in Newgate, under sentence of transportation. The first time I was called up, I said, that I could tell the persons that committed the robbery, but I did not see the prisoner at the bar. I was summoned one day when another Alderman was sitting, and Sansum would not let me be heard before that Alderman.

Q. Did Samsum say so? - A. Yes. And afterwards I had another summons to come up, and then I said, that the prisoner at the bar was not the man.

Q. Did you assist in apprehending Anderson? - A. Yes.

Q. Did you give information to Sansum, by which he might lay hold of Anderson? - A. With respect to Anderson, I did not say any thing about it, but with respect to Saggers, I did; and I gave the description of Taylor too.

Q. How long were you there? - A. I may say, nearly half an hour in the whole.

Q. Were you there when Sansum came up, and Anderson was laid hold of? - A. No, I went to work at that time; I never saw the prisoner with my eyes, till he was brought before the Magistrate.

Q. Were you desired by any body particularly to speak to the person of Coleman? - A. Not particularly.

Q. Were you desired by Sansum? - A. I told him, I could not swear to him; he said, I should have a better opportunity of seeing him when I came into Court. I was not called into the Court that day, nor since.

Cross-examined by Mr. Knowlys. Q. Where do you live now? - A. At Mr. Hardy's, in Eastcheap.

Q. Where did you work on Saturday? - A. At Mr. Hardy's.

Q. Now look at Coleman - Do you mean to swear he was not there at all? - A. I can swear he was not the man.

Q. Do you mean to swear he was not near the spot? - A. Nobody could swear to that in such a mob.

Q. Do you mean to swear that there were more was than half a dozen people near this man, when he robbed? - A. I cannot swear any thing about that.

Q. Whereabout was it? - A. About seven or eight yards from the corner, close to Newgate, on the left hand side as you go into the Old-Bailey.

Q. Was Sansum by? - A. He was by the coaches, I understood; I heard a voice call out, mind your pockets, I did not see him.

Q. Was the prosecutor leaning against any thing? - A. No, he had just jumped down from the coach.

Q. Have you been in Court, during the trial? - A. No.

Q. He was standing upright? - A. Yes, as well as I saw.

Q. His body was not bent down at all in this way, (describing it)? - A. No.

Q. Upon your oath, was he not forced against the back of the coach? - A. He was clear from the coach, he could not be touching the coach.

Q. You are certain he was clear of the coach? - A. Yes.

Q. Did you see Taylor there? - A. Yes.

Q. How near were you to the prosecutor? - A. About four yards and a half.

Q. Who picked his pocket? - A. I cannot say, I did not see it; I took particular notice of Saggers, seeing him in the same acts before; I saw him cling round the prosecutor.

Q. Will you venture to swear that Coleman was not one of the half dozen that were round him, and assisted in picking his pocket? - A. I will swear he was not in my sight.

Q. Did you notice all the persons that were near enough to touch him? - A. No.

Q. Will you swear then, that at the time this man was robbed, Coleman was not near enough to touch it? - A. I will not pretend to swear it, but I could almost.

Q. Upon your oath, did you see the man who picked his pocket, or the man who handed the bag? - A. I did not see the bag.

Q. Will you swear then that it was not handed to Coleman? - A. I did not see Coleman.

Q. Did you see where Anderson was, before the man was robbed? - A. I saw no more of him than when he came across the way after Saggers.

Q. Were you ever acquainted with Coleman before? - A. I never saw him before in my life.

Isaac Backrow deposed that he was present, but saw neither the prosecutor nor prisoner there.

THOMAS SIMPSON sworn. - Examined by Mr. Knapp. - I am servant to Mr. Kirby.

Q. Do you know the witness, Hastings? - A. Yes, I have seen him before.

Q. Where? - A. In Newgate.

Q. Did you shew him any body in Newgate? - A. I shewed him nobody in particular.

Q. Did he fix upon any body? - A. Yes, he fixed upon Saggers. I took him into the ward where there were twenty-one prisoners, and ten or eleven strangers.

Q. Is he to be tried? - A. No, he is under sentence of transportation; he is of a dark complexion, and very much puted with the small-pox.

Cross-examined by Mr. Knowlys. Q. Like Coleman? - A. No.

Q. Should you be likely to mistake the one for the other? - A. Not at all.

GUILTY (Aged 44.)

Transported for seven years .

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

Reference Number: t17981205-74

75. JOHN SPRIGGS was indicted for feloniously stealing, on the 3d of November , two pieces of leather value 2l. 7s. the property of William Newman , John Newman , and Henry Newman .

GEORGE TAYLOR sworn. - I am a patrol: On Saturday, the 3d of November, about eight o'clock, I was in St. John's-street, with my partner; I saw the prisoner at the bar pass with a mat, containing this leather, underneath his coat, (produces it); it was a kind of a great coat; I asked him, what he had there, and he made me no answer for some time; I asked him again, what he had there; at last he said, leather; I said, where do you live? he told me, at Battle-bridge; I asked him then, where he worked? he told me, in Holborn; I told him, he was going the wrong way from Holborn to Battle-bridge; I then took him to the watch-house; and while I went for the key of the watch-house, I left him in charge of my partner; he ran away; when I came to the door with the key of the watch-house, I heard a cry of stop him!

Q. Was your partner left in care of the leather? - A. Yes.

Q. Having lost the custody of him, are you sure the prisoner is the same man? - A. I am; I kept the leather till Monday evening, and then I took it to Mr. Ware's, a leather-cutter's; I left it there till the Monday week, when the prisoner had a heating at Guildhall; and then the leather was delivered into my care.

Q. Do you know it to be the same leather? - A. Yes.

Q. Did you put any mark upon it? - A. I did not; there were sufficient marks upon it before; there were three marks upon it.

Q. Do you know whose property it is? - A. It belongs to Messrs. Newmans.

Q. When was he taken again? - A. Not till the 12th; he was taken by some officers who are in Court.

Cross-examined by Mr. Knapp. Q. You are a patrol? - A. Yes.

Q. What business do you carry on besides? - A. That of a newsman.

Q. You know nothing at all about leather-dressing? - A. No.

Q. Do you know Messrs. Newmans? - A. Yes, it is upon Snow-hill, I believe they call it.

Q. Do not you know it is Snow-hill? - A. They call it so, I believe.

Q. You believe so - are you not a patrol of the city of London? - A. No, of St. Sepulchre's, but not in the City; but these things were taken from Giltspur-street.

Q. Do you know now, that the prisoner lodged at Battle-bridge? - A. Yes, I know it now.

Q. St. John's-street was as near a way as he could go from Giltspur-street to Battle-bridge? - A. Yes.

Q. How long had your partner the custody of the man, before he ran away? - A. Not a minute.

Q. Now as to the property, what became of it, when you returned to your house? - A. I took it to my house; on Monday, I took it to Mr. Ware, and I did not see it again till the Monday following.

Q. Is Mr. Ware here? - A. No.

Q. This leather was totally different from any other leather you had ever seen, perhaps? - A. I do not know but it was, it was in a wet state.

Q. Had you ever seen the prisoner before? - A. Not to my knowledge.

Q. This was at eight o'clock at night? - A. About eight.

Q. Therefore, all the opportunity you had of observing him, was by the lamps? - A. No, by the lights in the butcher's shop.

Q. Did it occur to you, being Saturday night, to observe whether there were many people about those butchers' shops? - A. Certainly there were more on a Saturday night than any other night.

Q. And the only opportunity you had of knowing his person, was while you had him in custody? - A. Yes, I had hold of his collar a considerable way.

Q. And the prisoner was not taken up till the 12th of November? - A. No.

Court. Q. How long might be have been in your care? - A. Two or three minutes, or thereabout, or it might be more.

Jury. Q. Whereabout is the watch-house? - A. Within a few doors of White-horse-alley, Cow-cross; and where we took him, was within two doors of Greenhill's-rents.

JOHN PECKHAM sworn. - I am a patrol: I was with Taylor, on Saturday, the 3d of November, about eight in the evening.

Q. Do you know the prisoner? - A. Yes; I saw the prisoner go along with a bundle under his arm; we stopped him, and asked him what he had there; he said, he had leather; Taylor asked him, where he lived; he said, at Battle-bridge; then he asked him, where he worked; he said, in Holborn; we took him down to the watch-house; when we got to the watch-house door, my partner went for the keys of the watch-house; then he threw down the leather, and ran away. On the 5th of November, my partner went to Mr. Ware's, in St. John's-street, with the leather, and left it there till that day week, when it was delivered to my partner again.

Q. Should you know that leather again? - A. Yes, there is a particular mark to it, S2.

JOHN PYM sworn. - I am a currier: I manufacture for Messrs. Newmans, in Giltspur-street, Mr. Alderman Newman and Sons; the prisoner is an apprentice of mine.

Q. What are their names? - A. William Newman, Esq. John Newman, and Henry Newman, On Tuesday, the 6th of November, I had some information that our premises had been robbed; I then missed two pieces of leather, which the prisoner had to dress, marked S2; I immediately gave information to Mr. Newman, that I had missed them; I then had orders, when he came to work, to apprehend him, which I should have done, but he did not come to work. (Looks at the leather), Here is the prisoner's mark, with copperas water, S No. 2, and here is Mr. Newman's mark, with ink, a V and a strait stroke, in the hand-writing of Mr. Newman.

Q. Had you examined them during the time your apprentice was at work upon them? - A. Yes, I have, they had gone through my hands once.

Q. Can you, from that observation, swear to them? - A. I can.

Cross-examined by Mr. Knapp. Q. You are employed by Messrs. Newmans, as a person to manufacture their leather? - A. Yes.

Q. Is leather sold in Giltspur-street by any body? - A. No; but when a customer comes to Mr. Newman's shop, and they have not an article that suits them, they come to me, and pick out what they want, and they are sent to the shop, but then those are always manufactured, and this is not.

Q. What does it want? - A. To be scowered and rubbed with a stone, then it is hung up in a shed like a tanner's shed to dry, and then oil is put upon it.

Q. There is a great deal of process before it becomes leather? - A. Yes, it is the middle of the hide.

Q. I take it for granted, you do not call it leather till the hide has gone through the process, and becomes fit for sale? - A. Yes, it is leather now, but not curried leather.

Q. It has had a very little part of the process that is to be applied to it? - A. Only about one-fourth part of it.

Q. Then I should like to know why you call it leather in that state? - A. It is leather the moment it comes from the tanner's.

Q. These pieces of leather have got the prisoner's mark upon them now; when you part with them to Messrs. Newmans, they go with those marks to the shop? - A. Yes; but they never go in that state.

Q. How long has the prisoner been your apprentice? - A. Six years.

Jury. Q. When does the apprentice put his mark upon the leather? - A. Immediately as he receives it from my hands.

ROBERT KIRBY sworn. - I am a Sadler, I live at Mr. Ware's: These are the skins that were left at Mr. Ware's on Tuesday morning, the 6th of November; I took them to Batson's coffee-house for the curriers to see them, and Mr. Newman owned to the leather; I had the possession of the leather from the time the patrole delivered it to me, till I delivered it at Guildhall to Taylor.

Mr. Knapp. Q. Who did you receive it from? - A. Mr. Ware; I saw him receive it from the patrole.

ROBERT COLTON sworn. - I am an officer; I apprehended the prisoner at Battle-bridge, on the 12th of November, at his father-in-law's house, in bed; there was nothing particular passed, but when I had put him in the watch-house, I fetched the patrole, Taylor, to the watch-house, and as soon as he saw him, he said, you are the man that I stopped with the leather.

Cross-examined by Mr. Knapp. Q. This leather was taken on Saturday, the 3d of November? - A. Yes.

Q. The prisoner was not apprehended till the 12th? A. Yes.

Q. You apprehended him where it was most likely to find him, at his lodgings? - A. Yes.

Q. Of course, in the mean time, there was plenty of time for him to have got out of the way? - A. Yes; I had been two or three times before, and could not find him.

JOHN TERRY sworn. - I am a constable of St. Sepulchre's; I went with the last witness to apprehend the prisoner, and brought him to the watch-house.

Prisoner's defence. These men are certainly mistaken in the person; I had plenty of opportunity to have got off if I had wished it.

Mr. Knapp. (To Colton). Q. Did you leave word what you wanted? - A. Yes; we told his wife and her mother that he was suspected of having stolen some leather from Messrs. Newmans.

Q. And yet you went again, and found him in bed? - A. Yes, about five in the morning.

Court. (To Pym). Q. Did the prisoner come to your house after the leather was missing? - A. Never.

Q. When had you this leather in your hands before you lost it? - A. I had it in my hands on the Friday or Saturday morning.

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

Mr. NEWMAN sworn. Q. What is the value of that leather in its present state? - A. Upwards of 40s.

GUILTY (Aged 27.)

Confined one year in Newgate , and fined 1s.

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

Reference Number: t17981205-75

76. JAMES GILDER was indicted for feloniously stealing, on the 6th of December , three neck handkerchiefs, value 3s. three pair of breeches, value 3s. a waistcoat, value 6d. two pair of silk stockings, value 10s. and two shirts, value 1l. the property of James Mangnall .

JAMES MANGNALL sworn. - The prisoner was a servant of mine, as footboy. On Tuesday, the 4th of December, I missed some Bank-notes, and a suspicion fell upon the prisoner, who had lived with me but ten days; I took some means on the Wednesday to discover it, without effect; on the Thursday I was determined to search his box, and while he was at dinner, I went up stairs with Mrs. Mangnall, I took a bunch of keys up with me, and unlocked his box; he had two boxes in his bed-room, one in which all his clothes were, and the other was concealed from view in a dark corner of the room, covered over with some papers, and in that box I found all the articles mentioned in the indictment; I immediately desired Mrs. Mangnall to go down stairs, and fetch up one of the clerks, Mr. Green, and, in his presence, I locked up the box again, and put it in the same position as where I found it; I immediately sent for a constable, and while I had sent out for a constable, the prisoner asked me leave to go out to see about some shirts, I believe, or something of that sort; I told him he might go out as soon as he had taken up the tea-kettle; when the constable came, I said to him, now you may go out; he then went up stairs into his bed-room; myself, and the constable, and the clerk, followed him up stairs into his bed-room, and, by the time we had got there, he had removed the box from the dark corner, and placed it upon the open box, and his handkerchief was spread upon his bed; I then desired the constable to seize him and search him; the box was then unlocked, but whether he unlocked it, or whether he gave the constable the key to unlock it, I cannot say; the constable then, in the presence of the prisoner, and of Green and myself, took out of the box all the articles mentioned in

the indictment; I asked the prisoner, article by article, whose they were; says I, whose shirt is that; he said, it was his own, that he had bought it in Field-lane; I asked him whose the small clothes were; he said, they were his own, he had bought them both in Field-lane; the waistcoat I do not know that he did say so; he was then searched and taken to the Compter; I saw him afterwards in the Compter, and asked him where he had got the shirts; he told me he had taken them either out of the drawers, or from the drawers in my bed-room.

Mr. Gurney. Q. Did you not tell him it would be better or worse for him if he confessed, or did not confess? - A. I was aware of the consequence of that, and, to the best of my belief, I said no such thing; the small clothes, which were very old, and I had left off, he said he had taken from the laundry-room, adjoining his bedroom, and he was very sorry he had done so.

Mr. Gurney. Q. You received a very good character with him? - A. It was that character which induced me to take him.

Q. It must have been the character of an honest laid, or else I am sure you would not have been induced to take him? - A. No doubt of it.

- WOODMAN sworn. - I am an officer; I was sent for by Mr. Mangnall to examine the prisoner's box.

Q. Where did you get the key of his box? - A. I searched him as soon as I came in, and found the key in his waistcoat-pocket; the prisoner opened the box himself, and in the box I found these articles, I have had them ever since, (produces them); he claimed them all to be his own, except the waistcoat, and that I am not clear in; he said, he had bought them in Field-lane.

Mr. Mangnall. These are my property, they have all my initials upon them, except the waistcoat and breeches.

Prisoner's defence. The stockings were not in my box at all; that gentleman brought them out of another room, and said, they were in the box.

Mrs. Mangnall. I was present when all these articles were taken out of the prisoner's box.

GUILTY (Aged 18.)

Transported for seven years .

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

Reference Number: t17981205-76

77. JAMES TABRUM was indicted for feloniously stealing, on the 27th of October , a wooden barrel, value 1s. and one hundred weight of saltpetre, value 4l. the property of William Browning and John Aikin , in their dwelling-house .

Second Count. Laying it to be the dwelling-house of William Browning only.(The property never having been found, and there being no evidence to prove that the cask contained saltpetre, the prisoner was ACQUITTED .

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

Reference Number: t17981205-77

78. EDWARD FENNELL was indicted for a fraud .(The case was opened by Mr. Knowlys.)

RICHARD TOWNEND sworn. - Examined by Mr. Knowlys. I am a hatter in Fenchurch-street.

Q. Have you dealings with Messrs. Maitlands in Basinghall-street? - A. Yes; they are merchants.

Q. Do you recollect the person of the prisoner? - A. Yes; about the 8th or 9th of October, the prisoner came to our warehouse, in Fenchurch-street, he was directed into the accompting-house to me; he said, he would be much obliged to me to let him have one pound nine shillings and sixpence, to give change for a bill of Exchange which he had to receive of Mr. Fourdrinier, on account of Messrs. Maitlands, and that the money would be returned either by himself or a Mr. Bates, whom I knew, at that time, to be in the house of Messrs. Maitlands; I then desired my clerk to let him have it.

Q. Did you ever after receive that one pound nine shillings and sixpence, either from the prisoner or Bates? - A. No, I did not; the moment he was gone out at the door I had some suspicion of him; he was taken up, I think, in the same month.

Prisoner. Q. Did I ask you for it on the account of Messrs. Maitlands, upon your oath? - A. You did.

Mr. Knowlys. Q. If this man had applied to you on his own account, would you have let him have it? - A. Certainly not.

JAMES WILSON sworn. - Examined by Mr. Knowlys. I am servant to Mr. Townend, in Fenchurch-street: On the 9th of October, the prisoner came to our house, and I paid him one pound nine shillings and sixpence by direction of Mr. Townend, a guinea, a seven-shilling-piece, and eighteen-pence in silver.

Q. Did you know him to have been in the employ of Messrs Maitlands? - A. Yes; my master asked me that question, and I told him I believed he did.

Prisoner Q. Did I tell you I lived with Messrs. Maitlands then? - A. You told me you did not want your gentlemen to know it, it was a mistake of your's; but I understood it was on account of Messrs. Maitlands; you told me, it was one pound nine shillings and four-pence you wanted, to take up a bill, and I gave you one pound nine shillings and sixpence; nothing further occurred.

Prisoner. Q. Did I not tell you that I should refund it again? - A. Yes.

Court. Q. Did you make any communication of that to your master? - A. No; he took the money, and went away.

JOSEPH BATES sworn. - Examined by Mr. Knowlys. I am a clerk in the house of Messrs. Maitlands: The prisoner was formerly porter, he was discharged, I think, in the month of April, or thereabouts.

Q. On the 9th of October, had Messrs. Maitlands any bill of Exchange due to them from the house of Fourdrinier? - A. Not to my knowledge.

Q. If there had been such a bill, do you think you should have known it? - A. Yes.

Q. Had you seen the prisoner that day at Messrs. Maitlands? - A. No; I have never seen him from the time he was discharged till this time.

Q. From your knowledge of the reason of his being turned away, would he have been entrusted by Messrs. Maitlands, or by you? - A. He would not.

Q. Did you ever authorize him to apply to Mr. Townend for any sum of money on the account of Messrs. Maitland, or yourself, and promise to return it in a short time? - A. I did not.

Cross-examined by the Prisoner. Q. Was I not in the habit of carrying out bills of Exchange from 100l. to 500l. a day, at the time I lived in the house? - A. Yes.

Q. Are there not many clerks in the house besides you? - A. Yes.

Q. Are there not many bills of Exchange in the house that you know nothing of? - A. At that time I must have known it.

JOHN MAITLAND, Esq. sworn. - Examined by Mr. Knowlys. Q. What was the firm of your house on the 9th of October? - A. Myself, Robert Maitland, Henry Sterry, and John Nettleship; I discharged the prisoner from our house on the 26th of the March, I think it was, or thereabouts; he was our porter, and used to be employed in carrying out bills.

Q. After the cause of his being discharged, was he a person that you would have trusted in your house? - A. Certainly not.

Q. On the 9th of October, had your house, any demand upon a Mr. Fourdrinier, for a bill of Exchange? - A. Not to my knowledge; Mr. Sterry takes upon him that department; I have never seen the prisoner from the time he was discharged till I saw him at the Mansion-house.

Q. Did you authorize him to take up one pound nine shillings and sixpence for you? - A. No.

Cross-examined by the Prisoner. Q. Did I not afterwards call upon you and ask you for a recommendation to Dimsdale's house, the bankers? - A. I recollect you did; I forgot that circumstance.

Q. Did you not tell me, that as it was only from neglect, and not dishonesty, that I was discharged, that you would give me a recommendation? - A. No, I do not recollect that; I certainly never should have permitted him to have come into my house.(Mr. Sterry was called, but being one of the people called Quakers, was not examined).

JOHN NETTLESHIP sworn. - Examined by Mr. Knowlys. I am a partner in the house of Messrs. Maitlands; I discharged the prisoner from our service because I detected him in a fallacious answer.

Q. Did you discharge him without the approbation of the rest of the partners? - A. I had the approbation of Mr. Sterry; Mr. Maitland was at that time in the country.

Q. From the opinion you had of him, after you had turned him away, would you have trusted him with money concerns for the house? - A. Certainly not.

Q. Was there any bill of Exchange upon Mr. Fourdrinier, on the 9th of October, at your house? - A. There never was the least demand upon Mr. Fourdrinier from us.

Q. Did you give him any authority to apply to Mr. Townend for one pound nine shillings and six pence, to give change to Mr. Fourdrinier for a bill of Exchange? - A. Certainly not; he once called upon me to intercede to get him into the house again, and I told him I certainly could not; I advised him to get a place as soon as he could, and behave better than he had done with us.

Prisoner's defence. I lived in Mr. Maitland's service three years, and having been in the habit of going to Mr. Townend's, I went there, and asked for this money; I told the young man I did not wish the house of Maitlands to know it, because it was for a purpose of my own; I intended to refund it again, and in about nine days after, I was taken to the Mansion-house. They wanted me to go for an East India soldier, which I refused, I was willing to go to sea; and I did not know till yesterday morning that there was a bill found against me. GUILTY . (Aged 28.)

Transported for seven years .

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

Reference Number: t17981205-78

79. ABRAHAM BAGLEY was indicted for obtaining goods under false pretences .

The case was opened by Mr. Knapp: but it appearing from the evidence that it was not merely upon the pertences charged in the indictment that the goods were delivered up, the defendant was. ACQUITTED .

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

Reference Number: o17981205-1

Mr. BARON PERRYN delivered the Opinion of the Twelve Judges upon the Case of John Collins , as follows:

John Collins - You were indicted at the last September Sessions, for forging and counterfeiting stamps, denoting a stamp duty of 2s. imposed upon hats, and upon that indictment you were tried and convicted. Your sentence was then respited, upon an objection that was taken by the learned Gentleman who was of Counsel for you; he desired that that objection should be referred to the Twelve Judges for their opinion, and I am now to give the sense of the Judges upon that question so referred.

The doubt arose upon two Acts of Parliament. By the 24th of his present Majesty, chap. 5l. fect. 1, this duty of 2s. among many others, is imposed, By the 8th section of that Act, a stamp, such as the Commissioners should direct, was to be put upon hats in the lining of the crown, and, by the 25th section, counterfeiting such stamp was made a capital offence.

Afterwards it was thought proper by athe Legistature to repeal that Act, and imposed the same duty upon hats to be stamped in a different manner than they had been under the former Act. That was an Act of the 36th of his present Majesty, chap. 125, fect. 1. So much of the Act of the 24th as related to stamped papers being placed in hats was repealed. By the 36th, a new mode of stamping hats is directed, by stamping the lining itself, instead of affixing a stamp ticket to the crown of the hat; and, by the 19th section, counterfeiting this new stamp is made a capital offence.

The objection taken by the learned Counsel for the prisoner was, that as the duty was imposed by the 24th, as the stamp that has been counterfeited is directed to be used by the Act of the 36th, and as the counterfeiting such stamp is by that Act made capital, the indictment ought to have concluded "against the form of the statutes," in the plural number; whereas this indictment concluded, "against the form of the statute." Now, it is very clear, that the whole of the Act of the 24th is repealed; there is no part of it adopted in the subsequeat Act, but only that the same duty of 2s. shall be imposed. So that it seems the whole of the provisions of that Act are entirely done away.

This case was referred upon the first day of the last Term to all the Judges, when they were all assembled together, and, upon the fullest consideration and discussion of the point, all of them were very clearly of opinion, that the conclusion of the indictment, "against the form of the statute," was quite sufficient for the purpose. There is a case to that effect in 1 Sider in, 348. The Judges are therefore unanimously of opinion, that the prisoner at the bar was properly convicted.

Reference Number: s17981205-1

The SESSIONS being ended, the COURT proceeded to GIVE JUDGMENT as follows;

Received sentence of Death - 12.

Thomas Sharman , Thomas Brown , William Fordyce , John Colley , Henry Grote , William Gee , otherwise Geeves, John Jones , Thos. Phillips , John Bott , otherwise Pott, otherwise Potts, William-Knight Denzelou , William Smith , and John Collins .

Transported for seven years - 16.

John Newton , Joseph Wood , Robert Taylor , Sarah Pine , Jane Carne , Joseph Salter , Wm. Nash , John Bennett , Richard Coleman , James Gilder , Edward Fennell , Thomas Green , Joseph Pointer , George Gray , Peter Ward , and John Sommers .

Confined two years in the House of Correction, and fined 1s. - 2. - Robert Ruby , and John Russell .

Confined one year in Newgate, and fined 1s. - 2. - Joseph Spriggs , and John Aird .

Confined one year in the House of Correction, and fined 1s. - 5.

Thomas Streetch , James Stone , Richard Bertles , John Cole , and William Jones .

Confined six months in the House of Correction, privately whipped and discharged - 1. - John Leonard .

Confined six months in Newgate, and fined 1s. - 1. - William Simmons >.

Confined six months in the House of Correction, and fined 1s. - 10.

Thomas Warbey , James Dempster , Thomas Draper , James Biscoe , John Green , Mary Hone , James Morgan , otherwise Mansfield, Mary Jones , Mary Hamilton , and Mary Major .

Confined one month in Newgate, and fined 1s. - 1. - Elizabeth Colton .

Confined fourteen days in Newgate, and fined 1s. - 2. - Benjamin Clarke , and Maurice Gogan .

Confined one week in Newgate, and delivered to his serjeant - 1. - Richard Crabtree .

Privately whipped and discharged - 1. - Mary Garner .


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