Old Bailey Proceedings, 20th February 1799.
Reference Number: 17990220
Reference Number: f17990220-1

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 COUNTRY OF MIDDLESEX, HELD AT JUSTICE-HALL, IN THE OLD-BAILEY, On WEDNESDAY, the 20th of FEBRUARY, 1799, and following Days, BEING THE THIRD SESSION IN THE MARORALTY 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.

1799.

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 HENRY ASHHURST , Knight, one of the Justices of His Majesty's Court of King's Bench; Sir GILES ROOKE, Knight, one of the Justices of His Majesty's Court of Common Pleas; and Sir ALEXANDER THOMPSON , Knight, one of the Barons of His Majesty's Court of Exchequer; 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 Country of MIDDLESEX.

London Jury.

Thomas Watkins ,

John Pettie ,

James Elworthy ,

John Cook ,

John Deshons ,

Joseph Brachway ,

James Angel ,

Robert Watts ,

Joseph Peart ,

Edward Gibbons ,

William King ,

Peter Bentley .

First Middlesex Jury.

Henry Barker ,

Joseph Britton ,

James Nichols ,

Samuel Millington ,

John Turner ,

John Ball ,

John Bailey ,

John Partington ,

Joseph Paterson ,

Isaac Smith ,

John-Lewis Blackmore ,

Richard Biddle .

Second Middlesex Jury.

Thomas Smith ,

John Forster ,

George Gardener ,

Richard Chapman ,

Charles Parkinson ,

George Moore ,

John Finch ,

Robert Fletcher ,

Philip Robertson ,

Robert Randal ,

George Colton ,

Charles Thoroughgood .

Reference Number: t17990220-1

134. ISAAC SLITHE , ELIZABETH PRICE , MARY PRICE , and MARY MORRISON , were indicted for feloniously stealing, on the 12th of February , fifty-four pieces of tape, value 16s. the property of William Patten , privately in his shop .

WILLIAM PATTEN sworn. - I am a haberdasher , No. 131, Whitechapel : On Tuesday the 12th of February, between one and two o'clock, all the four prisoners came to my shop, with another person, a man, and a child; the prisoner, Morrison, asked to look at some bonnets that were in the window, she partly agreed for one of them, and the elderly woman, Mary Price , bespoke another, they said they lived at Deptford; we agreed to make one in an hour, and they agreed to wait; they said they were going to a public-house to get something to drink, they came back before the time, and the bonnet not being ready, they sat down in the shop; the prisoner, Slithe, walked backwards and forwards, he looked at different things, and particularly the mode, and said, this is the mode my mother's bonnet was made of; they then paid me for two, and the trimming of a child's bonnet; the other, Price, ordered one to be made like her sister's, which was to go home on the following Saturday, to No.1, Rupert-square, Leman-street; they did not leave their names till they were going, and then the other person, who is not here, desired me to put down the name of Slithe. I did not miss the goods till next morning between nine and ten o'clock; the young person, my assistant, Elizabeth Johnson, missed her cloak, which could not be found; there were about thirty dozen of tapes upon the counter, and upon examining them I missed four dozen and a half; I had just marked them when the prisoners came in, and I knew that no other persons, but the prisoners, had been near that part of the shop; I then got a search-warrant, I went with an officer, and found the prisoner, Elizabeth Price, who said, her husband was behind the bed; where we found the prisoner, Slithe, and in a box, we found a part of the tapes; the officer found some duplicates in a tumbler, and upon taking down the tumbler, the officer found a duplicate of a cloak.

Court. The cloak is not in this indictment.

Patten. We then went to Deptford, where we found the remainder of the tapes, at the house of the elder woman, Mary Price; there were fourteen pieces, and the officer brought them to town.

Cross-examined by Mr. Knowlys. Q. There was another person, of the name of Nicholson, with them? - A. Yes; he was discharged by the Magistrate.

Q. When you got to Slithe's house, the woman at once told you, my husband is behind the bed? - A. Yes.

Q. They lived together as man and wife? - A. They were certainly in one apartment.

Q. When you went to the old lady's house, did she not tell you that you were extremely welcome to search all over the house? - A. That she certainly did.

Q. I believe you made a considerable search about the house without finding any thing? - A. At first we did.

Q. Did not the old woman say, there is one room in the house that I have not been in since my poor husband's death, and you have not searched that room? - A. No; she said, to the officer, there is a room up stairs, but there has been nobody in it for some time.

Q. Was not that the room in which you found the tapes? - A. Yes.

Q. Did not the old woman, herself, direct you to the room? - A. No.

Q. You found that she had lost her husband? - A. Yes; on the Monday as they came to our house on the Tuesday, I thought it a very shocking affair.

Q. She paid you for all that she bargained for? - A. Yes; she bought a black bonnet and some black crape.

Q.Articles which were necessary for mourning? - A. Yes.

Q. That which she bought, I believe, exceeded in value what was taken from you? - A. Yes, certainly.

Q. Did not her daughter come in while you were in the house? - A. Yes; she said, she had had it from her sister Slithe, that she had given it to her; and the old woman said she knew nothing of it.

Q.In what state did you find the tapes at the old woman's? - A. In a paper which had my private mark upon it.

Q. There were no private marks upon those you found at Slithe's? - A.No; the papers were gone.

Q. Did not the old woman bear a good character in the neighbourhood? - A. I have heard quite the contrary this morning, from a man that lodged in the house.

Q. How many people were there in the shop at the time? - A.There was the young person, Elizabeth Johnson, my wife, and my son.

JOHN GRIFFITHS sworn. - I am an officer belonging to Lambeth-street; On Wednesday the 13th of February, the prosecutor came to the office for a search-warrant; I went with him to No. 1, Rupert-square, I asked the woman that kept the house what room Slithe lived in; she directed me up one pair of stairs; I knocked at the door, and Mrs. Slithe let me in, or a little girl that was there, I am not certain which; I asked her if she had a husband; she said, yes, he was behind the bed, dressing himself; there was a screen placed round the bed to hide it; he came out from behind the screen, and I knew him; I told him I had a search-warrant; he said I was very welcome to search; I then went round the bed to search the bed, but found nothing there; I then looked under the foot of the bed, and saw a trunk there, I listed up the lid of the trunk, and there I saw some tape; the prosecutor looked at it, and said, that is part of the tape, (produces it): I then looked round the room, and in a tumbler I saw some duplicates, I took down the tumbler, and took out ten or twelve; I laid them down upon the table to see if any of them led to any thing that I wanted; one was for a cloak pawned for twelve shillings; when I laid them down, Slithe took up that duplicate, with some more of them, and looked over them; I desired him to give me that duplicate; he did not consent to that, but put it into his mouth, trying to swallow it; I put my hand to his throat, and he put it out again; then I took him into custody, and desired the prosecutor to bring his wife, which he did, and they were fully committed.

Prosecutor. These are the numbers of my tapes, but they have no marks upon them, they are too narrow to be marked; here are two dozen of No. 13, and three pieces of 139.

Q.(To Griffiths.) When these tapes were found, did Slithe say where he had them from? - A. He said they were his own.

Q. Did he say where he had bought them? - A. No.

Cross-examined by Mr. Knowlys. Q. The wife told you at once where her husband was? - A. She certainly did.

EDWARD SMITH sworn. - I am an officer of Lambeth-street; This day week I went with Mr. Patten and Thomas Griffiths to Deptford; we searched the ground-floor, but could find nothing; I then asked Mrs. Price if she bad any room up stairs; she said, yes; I asked her if any body lived there; she said, no, there had not been for some time, that two men had lodged there; I went up and found these tapes lying open in the window; the old woman opened all her boxes, and shewed us every thing very readily; she said, she did not know of their being there; the daughter came in while I was there; I asked her if she knew any thing of them, and she said, she had them from her sister Slithe; afterwards the old lady and the daughter both acknowledged to have slept in that bed the night before.

Slithe's defence. I have only to say, that my wife and these two women are perfectly innocent.

Court. (To Patten). Q. Is your wife here? - A. No, she could not leave the shop.

Slithe GUILTY

Of stealing, but not privately .

The other Three NOT GUILTY .

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

Reference Number: t17990220-2

135. ISAAC SLITHE , ELIZABETH PRICE , MARY PRICE and MARY MORRISON , were again indicted for feloniously stealing, on the 12th of February , a black silk cloak, value 25s. the property of Elizabeth Johnson , spinster .

JOHN GRIFFITHS sworn. - I searched the house of Slithe, and found a duplicate of a cloak; I laid that and other duplicates upon the table; he took up that duplicate, and put it in his mouth, endeavouring to swallow it; I took him by the throat, and it came up again. (Produces the duplicate).

THOMAS FRENCH sworn. - I am a pawnbroker, in Whitechapel, this is my duplicate; the prisoner, Elizabeth Slithe , pledged the cloak with me on the 12th of February for twelve shillings.(Produces it).

ELIZABETH JOHNSON sworn. - This is my cloak, I know it by the lace and the velvet; I live at Mr. Patten's.

Q. Do you remember seeing the prisoners there? - A. Yes, I remember them perfectly well; I missed my cloak the day after.

The prisoner Slithe did not say any thing in his sence.

Slithe GUILTY . (Aged 30.)

Transported for seven years .

The other Three NOT GUILTY .

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

Reference Number: t17990220-3

136. JOHN DEACON was indicted for feloniously stealing, on the 1st of February , eighteen pounds of mutton, value 6s. the property of Thomas Campion and Francis Campion .

THOMAS CAMPION sworn. - I am a butcher , in partnership with Francis Campion. On the 1st of February I went to Islington in the evening, as I do every day, and left my man in the shop; the next morning I learned that I had

lost a quarter of mutton; I know nothing of it myself.

SAMUEL COPPS sworn. - I am servant to Messrs. Campion: On the 1st of February, about half past six in the evening, I went into the accompting-house, and heard a foot come into the shop; I immediately looked up, and saw the prisoner take a quarter of mutton off a hook, it weighed eighteen pounds; I followed him, and caught him about ten yards from the shop, with the quarter of mutton in his hand; I stopped him, and took it from him.

Q. Was all the mutton in the shop your master's property? - A. Yes, it was.

GEORGE DENISON sworn. - I am a greengrocer, and deal in fish; On the 1st of February, about half past six, I heard the cry of thieves, and under the gateway, by Mr. Campion's, the prisoner and Copps were both lying upon the ground, and the mutton was lying by the post; he charged him with having stole the mutton; I went for a constable, and he was taken to the Compter.

MATTHEW MILLS sworn. - I am a constable; I took charge of the prisoner from Copps; I picked the mutton up between the two men.

Prisoner's defence. Copps took hold of me, and I told him I had seen a man run by with the mutton, and then he took me into the shop.

Copps. I saw him take it out of the shop, and never lost sight of him. GUILTY (Aged 24.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17990220-4

137. THOMAS DAVIS was indicted for feloniously stealing, on the 6th of February , a wooden chest, value 1s. and eighty-six pounds weight of tea, value 20l. the property of William Gilbert and James Clemitson .(The case was opened by Mr. Gurney.)

SAMUEL CHURCHYARD sworn. - Examined by Mr. Gurney. Q. You are carman to Messrs. William Gilbert and James Clemitson? - A. Yes; On the 6th of this month I took out a chest of tea and a paper parcel in our cart, to the Catherine-wheel-Inn, in Bishopsgate-street ; I went up the Catherine-wheel yard with the paper parcel and my book; I left the chest of tea in the cart, I might he gone about a minute and a half or two minutes at the longest; when I came back, the chest of tea was gone; in consequence of some enquiry that I made, I ran up towards New-street.

Q. Did you see any person with a chest of tea that way? - A. No, I returned, and Samuel Mercer pointed out to me the chest of tea being put into a coach the other side of the way; I went over along with him, and the coach door was then shut; the prisoner at the bar was then standing by the coach door, I did not see any other man with him; he was going off, and I ran after him and caught him.

Court. Q. Did you at that time observe the chest of tea? - A. No, I did not then, I caught him in about ten yards, and brought him back to the coach.

Mr. Gurney. Q. Did you then open the coach door? - A. It might be ten minutes or a quarter of an hour after.

Q. Did you stay by the coach the whole time after you had caught him, till you saw the chest of tea? - A. No, I did not; I afterwards saw the chest in the coach, (the chest of tea produced); it is directed, S. Godfrey, Gedney; it was to go by the Lincoln waggon; it is the same chest that I had left in my cart; the prisoner said, what do you lay hold of me for; I told him he was the man that had got my chest of tea; he said, no, he only assisted in helping it into the coach.

Jury. Q. What were you doing between the time that you had caught the prisoner, and the time you saw the chest of tea? - A. I was holding him till the constable came, and then I put him into the coach with the constable and the tea, and they went away in the coach together; I went after my horse and cart.

SAMUEL MERCER sworn. - I am servant to Mr. Knight, cheesemonger: On Ash Wednesday, the 6th of February, coming down Bishopsgate-street, I saw a cart standing at the corner of the Catherine-wheel gateway; there was a man in a blue coat, not the prisoner, taking out the chest, it appeared to be a chest of tea; Thomas Davis , the prisoner at the bar, stood in the King's highway, and called for a coach; the coachman shook his head.

Court. Q. Was the prisoner in such a situation, as to be able to see the man take it out of the cart? - A. Yes; the coachman shook his head, and would not come to him; upon that Thomas Davis ran to the corner of Sun-street, and there he got a coach, that was about one hundred yards off, or it might be not quite so much; the other man stood under Half-moon-alley with the chest of tea till Davis brought the coach; he stood before it because people should not see it; when the coach came, the prisoner put it into the coach, and the other assisted him; then they shut the door, and the coach was just going to drive off; I saw the witness Churchyard running, and I directed him to the coach; I spoke rather too loud, and the other man made off, but I directly said, take hold of him, for I am sure he was one of them, and I immediately, laid my hand upon the prisoner; the carman held him while I fetched a constable; I am sure the prisoner is the same man.

SAMUEL YATES sworn. - I am a constable; I

was sent for to take the prisoner into custody; I put him into the coach where the chest of tea was, and took them both to the Mansion-house; the chest of tea has been in my custody ever since, it has my seal upon it.

JAMES CLEMITSON sworn. - Examined by Mr. Gurney. Mr. William Gilbert and I are partners; this is my chest of tea, the same that I sent out by my carman on that day.

Q. What is the value of it? - A. Upwards of twenty pounds.

Prisoner's defence. As I was coming along Bishopsgate-street, a man that had this chest of tea asked me to call a coach for him, and I did, and when he got into the coach, I shut the door to; he gave me the value of a pint of porter, and that man came and took hold of me.

GUILTY (Aged 28.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17990220-5

138. DAVID KILGROVE was indicted for feloniously stealing, on the 18th of January , twenty-eight yards of carpeting, value 4l. the goods of Edward Swift , Thomas Grant , and Richard Hurley , privately in their shop .

RICHARD HURLEY sworn. - I know the prisoner at the bar; I live in Piccadilly , we carry on the business of a carpet warehouse, Edward Swift, Thomas Grant , and myself, are partners.

Court. Q. Did you at any time, and when, lose any carpeting? - A. Yes: On the 18th of January last, I was sitting in the accompting-house with Mr. Swift about a quarter before six o'clock in the evening, and happening to look towards the door, I saw a man with a piece of carpeting upon his shoulder, just going out of the door; I immediately ran out of the accompting-house, and followed him across the way; as soon as I had got up to him, I laid hold of the piece of carpeting, and he let it fall from his back, and ran away; I hesitated some time whether to follow him or take up the carpeting, but I took it up, and I immediately observed a man lay hold of his collar.

Court. Q. Who was the man that laid hold of him? - A. Dowsett, the Bow-street officer; he secured the prisoner, and brought him over, and I the carpeting; we took a coach, and went with him to Bow-street.

Court. Q. Had you seen that piece of carpeting that day in your shop? - A. Yes, I had.

Q. What quantity of it was there? - A. Twenty-eight yards.

Q. What was the value of it? - A. It was valued at four pounds.

Q. In what part of the shop was it at the time you saw it first? - A. When I saw it first, it was on the floor.

Q. Cannot you form any distance how far it was from the door? - A. It was some distance from the door when I saw it in the morning, about twenty yards.

Q. How near was the prisoner to the door when you first saw him with the carpeting on his back? - A. He was just going out of the door when I saw it first.

Q. Then of course you did not see him take the carpeting? - A. No, I did not.

Cross-examined by Mr. Alley. Q. You only supposed that it was the prisoner? - A. It was the same person at the bar.

Q. I understood you to say, you were some distance from the house when the prisoner was stopped? - A. Just across the way.

Q. How many persons may you have employed in your shop? - A. At that time there was only me and Mr. Swift in the shop; it was almost dark.

Q. You don't recollect any other person being in the place, except this gentleman you are speaking of? - A. No, there was only Mr. Swift.

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

Q. Do you know any thing of this carpeting being stolen from these persons, the prosecutors? A. Yes, I do; about a quarter before six on the 18th of January, in the evening, I was passing by Mr. Hurley's shop, it was then dark, there was no light in the shop at all, I observed the door of the shop standing a little way open, and a man standing at the outside of the shop tapping at the window.

Q. Was that the prisoner? - A. No, not the prisoner, another man; I went about ten yards from the door, and waited to see the event of it; I immediately saw the prisoner come out of the shop, and run directly across the way with the carpeting upon his back; I observed somebody pursue him out of the shop; the man that was standing at the shop window likewise followed; I crossed over the way before the prisoner could get across, and met him; Mr. Hurley seized the carpeting upon the man's back, and I immediately seized the prisoner.

Q. Are you sure the prisoner was the man? - A. I am confident of that; he scuffled, and attempted to get away, but I prevented him; the other man disappeared immediately that was standing at the window; then I took the prisoner to the shop, and afterwards to Bow-street.

Cross-examined by Mr. Alley. Q. You naturally had a suspicion that all was not right in the shop? - A. Yes.

Q. You then saw the prisoner come out of the shop? - A. Yes.

Q.You were near enough to the shop to have prevented it? - A. I might have gone to the shop door, and have been apprehended the same as the man was.

Q. But you could have prevented the man coming out if you had gone to the shop door? - A. I could, it was done momentary.

Court. (To Mr. Hurley). Q. Do you recollect in what state your shop door was, whether it was open or shut the last time you saw it? - A. There were two persons came in, but I am not certain who came in last; the door was shut, but I am not sure whether it was latched or not.

The prisoner made no defence, but called three witnesses to his character, who gave him a very good one. GUILTY

Of stealing but not privately .

Transported for seven years .

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

Reference Number: t17990220-6

139. JOHN WELCH was indicted for feloniously assaulting, on the King's highway, Jeremiah Callaghan , on the 26th of December , putting him in fear, and taking from his person four pounds three shillings, his monies .

JEREMIAH CALLAGHAN sworn. - I live in Tennis-court, Middle-row, Holborn; I deal in hare skins and rabbit skins .

Court. Q. On what day was it this happened? - A. On Boxing-day, the day after Christmas-day, I was at Mr. Welch's house, the Pea-hen, Gray's-inn-lane ; the prisoner at the bar keeps the Pea-hen; there were four or five of us drinking there; after paying the reckoning, we got up, I happened to be a little noisy, the prisoner at the bar said, he would not suffer any noise in his house, he got hold of me, and put me out of doors; we got hold of one another, he slung me down; I got up again, and there was another party came and struck me with a quart pot, and knocked me down by the door, and then took out of my pocket four pounds three shillings; there were four of them.

Q. Which of the party was it that took your money? - A. His name is Poor.

Q. Where were you when this Poor took your money out of your pocket? - A. Out of doors.

Q. What pieces of money did this four pounds three shillings consist of, how was it made up? - A. They were all in silver, shillings, sixpences, and half-crowns.

Q. How do you know you had just four pounds three shillings in your pocket? - A. I am sure of it, I had four pounds four shillings, I pulled it out and changed a shillings, and then I had only four pounds three shillings.

Q. What became of you after Poor had taken your money out of your pocket? - A. There were four or five at me.

Q. Can you name any of those four or five people? - A. There were two of the Poors, and two Mollays.

Q. What became of you after this? - A. My wife and mother, and another person who lives close by Grays-inn-lane, took me home.

Q. Was your wife with you in the house at this time? - A. She was not with me in the house till I was kicked out, she saw every thing, and Mrs. Mary Denney saw it; I have got this to say, the prisoner at the bar never took the money out of my pocket.

Cross-examined by Mr. Alley. Q. You have alledged that the prisoner did not take the money from you? - A. I cannot swear that it was.

Court. Q. I understand you to have said, that Mr. Welch never took the money out of your pocket? - A. No.

Q. And this knocking you about with the quart pot was by other people? - A. Yes.

Mr. Alley. Q. I will ask you, upon your oath, did you lose any money at all? - A. Yes.

Q. What money will you swear you lost? - A. Four pounds three shillings; I will stand to it.

Q. It was the day after Christmas-day? - A. Yes.

Q. I believe you went to a Magistrate two or three days after that? - A. No.

Q. Were you not at Hatton-garden? - A. I was, and I took these breeches.

Q. Was not the prisoner charged before Mr. Carnan with an assault, and with an assault only? - A. I gave no charge at all against him.

Q. Were you not at Hatton-garden? - A. I was.

Q. I ask you, how many days was it after this supposed robbery you went to Hatton-garden? - A. I did not take him there at all.

Q. The charge before the Magistrate, at the time, was for an assault? - A. Yes.

Q. The bill of indictment which was found, was found last Sessions? - A. Yes.

Q. You were not bound over by the Magistrate to prosecute this man for a robbery? - A. I never took a warrant against him.

Q.Consequently, then, you did not make charge against this man for having robbed you? - A. I had no occasion.

Q. Yet, two or three days after, you go before the Grand Jury and find a bill for a highway robbery? - A.Certainly I did; I don't tell a lie about it.

Q. Did the prisoner ever happen to take you up- did he ever take out a warrant against you for this riot? - A. I heard that he took out a peace-warrant against me.

Q.Did you ever attempt to take up the prisoner till after this warrant was taken out against you? - A. Yes.

Q. When did you take him into custody? - A.When the constable was at leisure.

Q. Did you attempt to take him into custody till eight days ago? - A.Eight days ago, I don't know, the warrant was in the constable's hands.

Q. How long has he been in custody? - A. I don't know.

Q. Has he been in custody above a week? - A. I don't know.

Q. Has he been in custody a fortnight? - A. I don't know.

Q. Don't you know that he was never taken till about nine days ago? - A. He has been in prison ever since he was taken.

Q. Was it not upon the 8th of this month that he was committed to Newgate upon this charge of robbing you? - A. What day was the bill found at Hicks's-ball-that will tell you.

Q. This man is a publican? - A. Yes.

Q. He keeps a public-house in Grays-inn-lane? - A. Yes.

Q. He continued to carry on the business till he was taken? - A. I dare say you know the house as well as I do.

Q. I ask you - do you not know that this man continued in the occupation of a publican till the 8th of this month? - A. I don't understand you at all.

Q. Don't you know that this man continued in the way of his trade for a considerable time after you charged him with this assault? - A. Oh, yes.

Q. Then, I will ask you, if this man remained at his house after you had found a bill of indictment, why did you not take him up? - A. I did not know they had found a bill against him; the runners and I had been after him, but we could not take him.

Q. Do you not know that that man took out a peace-warrant against you upwards of three weeks ago? - A. I know he did, but I was in the country.

Q. Then, I will ask you, why did you take him up before you got the rest? - A. As I could not find the rest then, I took up him.

Q. Do you know Mr. Hines? - A. No further than seeing him come out of the house on the night I was robbed.

Q. You told his Lordship, some time ago, that you did not see your wife till you came out of the house? - A. I did.

Q. I ask you, did you not borrow three-pence from somebody at one time, and a shilling afterwards? - A. I did not want it, I had money in my own pocket.

Q. Will you swear that your wife never was in the public-house? - A. Not till I was struck.

Q. Did you not take from your wife a shilling and three-pence in the presence of Mr. Gorman, having alledged you had not money? - A. I did not want it.

Q. Did you borrow any money of your wife? - A. No.

Court. Q. Did you ask her or not for any money? - A. No; I had the money the morning before.

Mr. Alley. Q. Have you seen Mr. Gorman here to-day? - A. I have; and Mrs. Gorman.

Q. Who broke the landlord's windows? - A. What, that night? - I did not see it; there were upwards of a hundred people fighting after I was robbed.

Q. Did you not return a second time? - A. I did.

Q. Will you swear you don't know who broke the windows? - A. I do not know.

Q. Then you mean to tell me that you never borrowed any money from your wife, or any person in the house? - A. Not a farthing.

Q. Who tore the landlord's coat? - A. I did, when he kicked me down in the passage.( Catherine Callaghan was called, but did not appear.)

MARY DENNEY sworn. - I live in Spread-eagle-court, Grays-inn-lane, I follow the market, I sell rabbits; I was coming up Baldwin's-gardens the night this happened, it is next door to the Pea-hen; I saw a crowd of people, and a man laying down in the street, and four or five people hitting of him, and beating of him; I told a little girl she had better go for an officer; I did not know any of those people; I begged his life, and one of them said,"you b-h, does he belong to you?" No, says I, gentlemen, he does not belong to me at all; I knew the man that laid down; I told the girl, if she went down to the White-horse they would find a constable; but they all of them went into the Pea-hen again.

Mr. Alley. (to Callaghan.) Q. You came from Ireland? - A. Yes, I did; the last place I was in, was at Newgrove.

Q. Is that near Cork? - A. I must come through there to come to England.

Q. Did any thing happen there? - A. No.

Q. You had not been in confinement at Cork? - A. No.

Q. How long is it since you have been at Cork? - A.Sixteen years ago.

Q.Have you been taken up for any offence since you have been in London? - A. Yes.

Q.How often have you been taken up? - A. I don't know.

Court. Q. The question is, have you been taken up since you have been in London? - A. I have.

Mr. Alley. Q. For what? - A. The same as for what happened the other night, for people beating me.

Q.Have you ever charged any other person with robbing you of twenty guineas? - A. I have.

Court. Q. The whole of it was this: you indicted some woman for robbing you of twenty guineas, and she was acquitted? - A. I did.

Mr. Alley. Q. Do you know there is reward of forty pounds for a person who convicts another of robbing him? - A. I have heard of it.

Q. The girl was acquitted? - A. Yes.

Q. Did you ever happen to he taken up for any offence which was alledged you had committed upon a woman? - A. I never heard of it.

Q. Have you ever been examined at Hatton-garden for an offence which was alledged you had committed upon a girl of nine years of age? - A. Never; that I will swear positively.

Q. Do you know Mr. Rose, an officer? - A. Yes.

Q. And Mr. Inwards? - A. Yes.

Q. Do you recollect seeing them at the time a charge of this description was made against you? - A. I do not.

Court. Gentlemen of the Jury, if you think there is a ground to go any further, we will; but there does not appear a ground for charging this prisoner - It appears, this man had been a little noisy in his house, there was a little scuffle, and he threw him down; then, he says, another person came up, and took, according to the witness's account, four pounds three shillings out of his pocket. The whole evidence goes to shew, that the prisoner was doing that which he had a right to do, to turn a man of this description out of his house.

NOT GUILTY .

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

Reference Number: t17990220-7

140. ROBERT PARTINGTON and MARTIN HIGGINS were indicted for feloniously stealing, on the 14th of February , a wooden cask, value 6d. and 67 lb. weight of nails, value 27s. the property of Jeremiah Walton .

JEREMIAH WALTON sworn. - I am a tackle-house porter to the salters Company.

Q. Are you personally responsible for this property? - A. Yes. The goods are sent down to me for shipping; I received these goods at the Custom-house quay , on the 14th of February, I saw them there between three and four o'clock in the afternoon; they belonged to Messrs. Larkin and Eades, in Wood-street.

Q. Are any of their servants here? - A.No. I was not present when the cask was taken away, it was missing about five o'clock; I saw it again, before the Lord-Mayor, the next day.

Q. What did it contain? - A. It contained nails, as I was informed; I did not see it open; it corroborates with the mark and number of the rest of the casks.

WILLIAM AMERY sworn. - On the 14th of this instant, a quantity of goods came from Eades, Larkin and company, directed to my master, for shipping, at the Custom-house quay.

Q. Who was the tackle-house porter that had the care of them? - A.Jeremiah Walton, the former witness. We could not conveniently ship these goods; in the afternoon, I was in the accompting-house, I heard an alarm, that two casks were stolen off the quay; I immediately left my papers on the desk, and pursued the two prisoners, I found the casks upon their shoulders, under the Custom-house quay gateway, there they were exchanging the casks from each other's sholders; I immediately seized hold of them both by the collar; Partington then desired the other to let the cask fall; I brought him down to Mr. Walton's accompting-house, and a man followed with a cask; it is in Court; I delivered it to the officer while I was in the accompting-house; they said, they should be very glad if we would let them go, and carry the casks back to where they came from; they seemed both disguised in liquor.

WILLIAM WELLS sworn. - I am a constable; I took charge of the prisoners. (The cask produced and opened).

Partington's defence. I am a soldier in the Guards; and am employed on the quays: Last Thursday, I had been at work at Dice-quay, and about five o'clock I met a man who asked me to carry this cask into Tower-street, and he would pay me for my trouble; and finding it not very light, I met this other soldier, and asked him to place it better upon my shoulder; and the man came up and took hold of us.

Higgins's defence. This man asked me to help him up with the cask.

Partington, GUILTY (Aged 24.)

Confined one month in Newgate .

Higgins, Not GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17990220-8

141. SARAH COMPTON was indicted for feloniously stealing, on the 18th of January , 63 pair of leather shoes, value 12l. 12s. three pair of jean shoes, value 12s. and two odd leather shoes, value 8s. the property of John Hale , privately in his shop .

The case was opened by Mr. Gurney.

JOHN HALE sworn. - I am a shoe-maker in Cleveland-street, Fitzroy-square : I have known the prisoner near ten years, and have been in habits of intimate acquaintance with her for about four years; sometimes she has been at my house every day, and sometimes she may not have been there for a day or two; she used to come backwards and

forwards to see us, as a neighbour; I have frequently missed shoes from the shop.

Q. How many pair of shoes have you missed in the whole, speaking within compass? - A. I cannot say to the number.

Q. Have you seen any shoes since the prisoner was taken up, that were produced to you by Mr. Lane? - A. Yes. I got a search-warrant, to search the house of the prisoner, and went with the officer, when it was executed; I found there four pair and two odd shoes, in the drawer, they have my mark upon them, and one of the odd shoes had Mrs. Aberdeen wrote in it. The prisoner begged my pardon.

Q. Did you promise her any thing, or threaten her with any bad consequences, if she did not confess? - A. Not at all, no such words passed; she said, she would make me any restitution, if I would say no more about it.

Cross-examined by Mr. Pooley. Q. What did you say to her before she begged your pardon? - A. I asked her, how she could do so, to rob me.

Q. Did you not tell her it would be better for her? - A. No, she said it was from distress; I said, no, Mrs. Compton, it cannot be from distress, because you are a woman of property.

Q. How long have you been missing shoes? - A. Upwards of three years.

Q. Was not the prisoner occasionally in your house, superintending the business? - A. Sometimes when we have been busy, she has been there.

Q. Have you not left her there, confidentially, in your absence? - A. I do not remember Mrs. Hale and I ever leaving the house both together.

Q. You had an apprentice boy? - A. Yes.

Q. And you left her there to superintend that boy? - A. No farther than to see that he gave an answer, and to call us; I had confidence in the woman.

Q. You have a great many shoes in your shop? - A. We have between seven and eight hundred at a time.

Q. The shoes that you found were of a common ordinary pattern, the same as you sell in your shop? - A. Yes, except the two odd shoes, one was a bespoke shoe, and the other a shop shoe.

Q. How can you say but these shoes had been sold in you shop? - A. I cannot say about that, she has frequently taken out shoes to customers.

Mr. Gurney. Q. Did she always return those shoes? - A. Yes. An account is always taken of what are taken out, and we reckon them when they come back; if she sold a pair at any time, she brought them back and accounted for them.

Mr. Pooley. Q.Have you made any application, or sent to her, since she has been in jail? - A. No.

Q. You are positive of that? - A. Yes.

Court. Q. That four pair, you did not know were missing at all? - A. No.

Court. Q. Can you say when the two odd ones were taken away? - A. I cannot exactly say, but I think it is about a twelvemonth ago; I saw them one day, and missed them the next.

Q. Of the shoes that you found at the pawnbroker's, would you undertake to say you have not sold those shoes? - A. I cannot say that, if I have, it has been by retail.

THOMAS-WINDSOR ALLEN sworn. - I am servant to Mr. Lane, pawnbroker, in Drury-lane:(Produces 62 pair of women's shoes); I bought them all of the prisoner, at two and seven-pence halfpenny a pair, sometimes five, and sometimes six pair at a time.

Q. Did she tell you how she came by them? - A. No, I never asked her that question.

SAMUEL HAMILTON sworn. - I went, with a search-warrant, to the prisoner's lodgings, in Cumberland-street, St. Pancras.

Q. Is she a married woman? - A. Yes. At the time I took her into custody, her mother was there, she acknowledged they were her apartments; here are four pair and two odd shoes, I found them in the drawer of a chest of drawers; I asked the prisoner for the key, she at first said, she had not got it; I said, I should break the drawers open; and then she produced it. There was some conversation between her and the prosecutor, she begged the prosecutor's pardon.

Mr. Pooley. Q. Did he say any thing to her before? - A. He did not. She said, she would make him any restitution. I then secured her.

Cross-examined by Mr. Pooley. Q. These were the husband's lodgings, I believe? - A. I understand he lived there with her.

Mr. Gurney. Q. How did you understand that? - A. From herself, and her mother.

Hale. Here is a shoe with Mrs. Aberdeen written in it, I have the fellow to it in my pocket; they were a pair of shoes made for Mrs. Aberdeen, they were returned, and I missed one of them the next day, and a shop shoe with it, which is the fellow to this other. (Producing another).

Q. Now look at the shoes produced by the pawnbroker? - A. They have my private mark, and many of them have been altered.

Cross-examined by Mr. Pooley. Q. You sell a great number of shoes of the same kind in your shop? - A. Yes, certainly.

Mr. Gurney. Q. You have not sold an odd shoe, with Mrs. Aberdeen's name upon it? - A. No.

The prisoner left her defence to her Counsel, who called James Bristow , who had known her twenty-six years, and gave her a good character.

The prosecutor also gave her a good character.

GUILTY (Aged 44.)

Of stealing, but not privately .

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

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

Reference Number: t17990220-9

142. EDWARD FRIDAY was indicted for breaking and entering the dwelling-house of William Molloy , about the hour of seven in the night of the 5th of February , with intent to steal the goods therein being, and burglariously stealing four pair of leather shoes, value 8s. a pair of boy's leather shoes, value 2s. and an odd leather shoe, value 6d. the property of the said William .

WILLIAM MOLLOY swron. - I am a shoemaker , No. 16, High-street, St. Giles's , facing the church: On the fifth of this month, I think, Tuesday, about seven o'clock, I was backwards at tea, and thought I heard something like glass crack: I sent my little boy into the shop, and he said, there was nothing the matter; then I thought it might he the smack of a coachman's whip; after that I heard it a second time, and something like a fall; I opened the door, went out, and felt along the window, and found one pane of glass broke; I told my boy to go and fetch a small gun that I had, and then two men ran away; I followed them, and caught the prisoner at the bar, Friday, in Compton-street, about one hundred yards from my house, the other got away; I never lost sight of the prisoner at all; there were other people in the street at the time, but I caught him about one hundred yards from my window; I said, you have been breaking my shop; you lie, you rescal, says he, I have not; there was a gentleman got hold of him, who brought him back to my shop; in Compton-street, I picked up a pair of shoes; and afterwards I picked up an odd shoe; the people said, it was found at the shop door; I did not see him drop it, and there was a pair of shoes dropped just as he was going in at the door; he begged leave to sit down, and dropped a shoe on each side of him, and I took out of his pocket two odd slippers, and a pair of boy's shoes; I knew them all to be my shoes, from the cutting out of them, and from the workmen that made them.

Q. Can you undertake to say you missed any shoes at all? - A. No; the prisoner, when he was taken, said nothing, he would not.

JEFFERY CURTIS sworn. - I am a tailor; I came up at the time, and caught hold of the prisoner in High-street, St. Giles's; I saw him as he went into the shop throw a shoe from him with his left hand; a little boy picked it up, and brought it into the shop; I then saw some shoes in his pocket; he asked to sit down upon some chairs, and put the shoes behind him, which were delivered to the prosecutor.

Q. Are you sure the prisoner is the same man? - A. I am.

Q.(To Molloy). Were your candles lit at this time in the evening? - A. Yes, they were; it wanted about ten minutes to seven.

Q. When had you seen them before? - A.About a quarter of an hour before I went to tea.

Q. Had any body been in after you left the shop, and before you heard the noise? - A. I believe not.

Prisoner's defence. As I was coming by, this man knocked me down, and took me into the shop, and then he came out with a candle and lanthorn, and said, he had found all the shoes.

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

Transported for seven years .

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

Reference Number: t17990220-10

143. ROBERT RICHARDSON was indicted for breaking and entering the dwelling-house of Edward Harris , about the hour of twelve in the night of the 19th of January , with intent the goods in the said dwelling-house burglariously to steal, and stealing a silk handkerchief, value 2s. two calico shirts, value 4s. two cloth coats, value 40s. two waistcoat, value 10s. a waistcoat piece, value 2s. a satin waistcoat, value 5s. a pair of cloth breeches, value 5s. a pair of cotton stockings, value 2s. a red cloak, trimmed with fur, value 8s. a satin cloak, trimmed with lace, value 8s. a check apron, value 3d. a calico gown, value 8s. and a leg of mutton, value 6s. the property of the said Edward Harris .

EDWARD HARRIS sworn. - I keep a house in Parsons-street, Ratcliff-highway .

Q.Was your house broke open at any time? - A. That part was only fastened with a string, it was a new erection, and no lock had been put upon it.

Q. Did any body sleep in it? - A. It was used as a kitchen to dress victuals in.

Q. Did this erection join your premises? - A. It was at the back of the shop; there were two walls on each side, and the kitchen was built up against the further part of the wall.

Q. So that there was such a communication, that it made a part of your house? - A. Yes; the robbery was done on the Saturday night, between the time of our going to bed, and the time of rising in the morning.

Q. Did you lose all the articles in the indictment? - A. Yes, and something more; there is part of them in the hands of the Police-officers; I

saw them on the Monday following at Shadwell office, and also the prisoner.

SARAH HARRIS sworn. - I am the wife of the last witness; we had erected a new kitchen about two yards from the house; it is connected with the house by a wall: On Saturday night, the 19th of January, I was the last person in the kitchen; I left it a few minutes before eleven o'clock; I put a string round a nail outside of the door, which was all the fastening we had to it; all the other parts of the house were fastened; I came down the next morning between eight and nine o'clock, and missed all the things mentioned in the indictment; they were in the wardrobe; I have seen them since at the Shadwell office; I had never seen the prisoner till I saw him at the office.

EDWARD ROGERS sworn. - I belong to the Public-office, at Shadwell: On Sunday morning, the 20th of January, we had notice that Harris's house had been robbed; we went and examined the premises, and found a dustman's ladder against a wall in the public-house yard adjoining Harris's premises, where we found the marks of feet; the adjoining premises had been robbed also; Harris described to us the sort of articles he had lost, in consequence of which we searched after the prisoner, and between eleven and twelve the same morning, Elbe and I saw him coming out of a public-house, the Bull's-head, Ratcliff-highway; he had upon him some of Mr. Harris's property, which I helped to strip off; a silk handkerchief from his neck, and a calico shirt; we took them from him; and on the Monday following, he was examined, and Mrs. Harris swore to the property, and he was committed. I asked him, in the presence of Elbe, the other officer, where he had got this shirt; first he said, he had paid two-pence for the washing of it that morning; I asked him who the washer-woman was; then he said, he had bought it of a man in Rosemary-lane; I asked him who the man was; and then he said, he had bought it in a shop in Rosemary-lane, but could not tell me the shop.

WILLIAM ELBE sworn. - I am a constable belonging to the Police-office, Shadwell: On the 20th of January, in the morning, I heard of two houses being broke open in Ratcliff-highway; I got information where the prisoner was, at the Bull's-head, and I went and took him; that was about eleven o'clock, he was lying asleep upon a bench; I took him to a public-house opposite our office, and asked him where he got that shirt; he said, from his washerwoman. Here is a glove which I found upon him, and there is the fellow glove in Court, which was found upon the premises; the next witness will produce it.

CORNELIUS RICHARDSON sworn. - I am an extra constable of Shadwell: On the 20th of January, I received information of Harris's house being broke open; I went up with Elbe and Rogers, and, in the public-house yard adjoining, I found this glove; there was a dust ladder standing against the wall; I picked the glove up, and I asked the landlord of the public-house, if he knew any thing of it; he said, no; I chucked it down again; and when the other glove was found upon the prisoner, I ran back and fetched this, (producing it). The prisoner had worked for a dustman in the neighbourhood.

JOHN GRIFFITHS sworn. - I am an officer belonging to Lambeth-street office: On Wednesday, January 30, I received information of these houses having been broke open, and at the same time was informed where the property was; I went and found them in a shed in the dust-yard belonging to one Reeves, near Old Gravel-lane, wrapped up in a red cloak, as they now appear. (Produces them).

Q. You know of no connection between this shed and the prisoner? - A. No.(The property was deposed to by Mrs. Harris).

Prisoner's defence. I bought the shirt in Rosemary-lane, for three shillings and sixpence, and I bought the handkerchief of one Mary Brown , about a fortnight before I was taken.

GEORGE MILLER sworn. - I am a dust-boy; I work where the ladder was taken from, about a quarter of a mile from Mr. Harris's premises; it was a dust ladder.

GUILTY (Aged 29.)

Of stealing, value 39s. but not guilty of breaking and entering the dwelling-house .

Transported for seven years .

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

Reference Number: t17990220-11

144. JOSEPH GRIMSHAW was indicted for feloniously stealing, on the 24th of January , a quilt, value 6s. a blanket, value 6s. a pair of sheets, value 16s. a bolster, value 7s. a pillow, value 3s. a copper tea-kettle, value 7s. and a copper coffee-pot, value 3s. the property of John May , in his dwelling-house .

It appearing in evidence, that the articles stolen had been let with a lodging, by contract, to the prisoner, the Court were of opinion, that it ought to have been so laid in the indictment.

NOT GUILTY .

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

Reference Number: t17990220-12

145. WILLIAM HOWSE was indicted for feloniously stealing, on the 15th of February , a wooden till, value 6d. and 3l. 10s. in money, the property of James Jarvis , in his dwelling-house .

JAMES JARVIS sworn. - Last Friday evening, about nine o'clock, I lost a till, containing about four pounds, or thereabouts; the till was fixed in the counter.

Q. Did you know the prisoner? - A. No, he was an entire stranger to me; the first time I saw him was in my shop, I went towards the shop supposing him to be a customer, and the prisoner hurried out as fast as he could; I pursued him, and caught him at the next house to my own; I took him by the shoulder, and asked him what he had been after; he said, what did I mean; I asked him what he wanted in my shop; he said, he came there to enquire for Jack Cressy; I asked him how he could enquire without speaking to any one; upon that, my brother and I brought him back again to our house; I then missed the till with its contents; I sent for an officer, and he was taken to the watch-house, but nothing was found; there had been nobody in the shop to the best of my knowledge, from the time I had been in the shop, about five minutes before, till I saw him; I kept looking all the time; nobody else could have done it, in my opinion.

WILLIAM PUFF sworn. - I was going into Mr. Jarvis's shop, and saw the prisoner at the bar come out with the till in his hand.

Q. Did you know the prisoner by sight before? - A. Yes, there was another man just by the door; he then went a little way from Mr. Jarvis's shop, and the till was exchanged from one to the other.

Prosecutor. I helped my brother the next morning to take the till out of a pond just before my house; he was going to work in the morning, and saw it there, (produces the till): I can swear to this being my till.

Prisoner's defence. The person I was enquiring after was John Cressy, who lived in that neighbourhood, and was well known to Mr. Jarvis to be a man of good character; I went into Mr. Jarvis's house to enquire, but seeing nobody in the shop, I turned out again with intent to enquire at the next door, when Mr. Jarvis laid hold of me.

The prisoner called four witnesses, who gave him a good character. NOT GUILTY .

Tried by the Second London Jury, before Mr. Justice ASHHURST.

Reference Number: t17990220-13

146. MARY POWELL and ELIZABETH DARKING were indicted for feloniously stealing on the 4th of September , nine linen shirts, value 22s. a linen shift, value 2s. a pair of breeches, value 10s. a gown, value 9s. four petticoats, value 12s. a child's cloak, value 3s. a boy's great coat, value 2s. a counterpane, value 5s. six pair of stockings, value 9s. six handkerchiefs, value 3s. three frocks, value 6s. two towels, value 1s. three aprons, value 6s. three table-cloths, value 9s. a yard and a half of linen, value 3s. a pair of brass condlesticks, value 5s. a bolster, value 1s. a waistcoat, value 1s. a curtain, value 1s. two caps, value 2s. a brass warming-pan, value 3s. a sheet, value 3s. an iron poker, value 2s. an iron shovel, value 2s. and a pair of iron tongs, value 2s. the property of James Cutler , in his dwelling-house .

JAMES CUTLER sworn. - I am a serjeant in the Coldstream Guards ; I keep a house, No. 19, York-street, Westminster ; Mary Powell is my late wife's mother; she lived with me and my wife before my wife's death and since, to take care of my family and my property; I paid her no wages; at that time I kept a grocer's shop; I left her in care of the shop while I was on duty, and on the 4th of September she left my house, and left some duplicates on the chest in my sleeping-room; I examined the house, and found the property mentioned in the indictment gone; I missed the things the next morning.

Q. They might have been taken at different times? - A. Yes; in about two days, or thereabouts, I saw her again, and took her to Mr. Morritt's shop, a pawnbroker; the duplicates were some of them Mr. Wright's, and some Mr. Morritt's, where I found most of the wearing-apparel; I let her got then, because I had not the duplicates of all the property I missed.

Q. Why did you let her go, if you supposed she had robbed you? - A. I was in hopes of discovering the rest; I did not see her again till she was taken up, the 8th of this month; I went for an officer, and took her up.

Q. Did you know where to find her? - A. No.

Q. Then can you give any reason for letting her go the first time, if you did not know where to find her? - A. One of my neighbour's children told me where she was; she was taken before the Magistrates at Queen-square. (The property was produced).

Q. What have you to say against the prisoner, Darking? - A. She lodged in one of my rooms, and some of the things were pledged by her.

Q. Was Darking entrusted with any of your things? - A. No further than the goods in her room.

NICHOLAS MORRITT sworn. - I am a pawnbroker, in York-street, Westminster.

Q. Do you know Mary Powell ? - A. Yes; she brought me a pair of stockings and a handkerchief in July last, the other things were brought before I had the business; I lent her one shilling and sixpence upon that article; she said, she did it to raise money for the shop, and the prisoner, Darking, brought a petticoat in her own name for five shillings. (Produces them).

Prosecutor. This petticoat I do not own; this handkerchief I have got the fellow to at home, and the stockings are mine; I never gave her authority to pledge any thing of mine.

WILLIAM CHAMBERLAYNE sworn. - I am servant to Mr. Wright, pawnbroker, in the Almonry, Westminster.

Q. Do you know the prisoner, Powell? - A. Yes; she pawned at our house a sheet, frock, and a handkerchief, on the 16th of July, for five shillings; and, on the 21st of July, a poker, shovel, and tongs, for three shillings and sixpence, and a waistcoat and a pair of stockings for two shillings the same day; I am sure she pledged them. (Produces them. They are deposed to by the prosecutor).

(Chamberlayne also produced a shirt, a curtain, and two pair of stockings, which were deposed to by the prosecutor).

( John Simmons , another pawnbroker, produced a small great coat that was pledged by a woman of the name of Elizabeth Baker ).

ELIZABETH BAKER sworn. - Mary Powell gave e a child's coat to pledge.

Cutler. This is my child's coat.

Baker. This is the coat I had from Mary Powell .

JOHN MARSDEN sworn. - I am an officer; I apprehended the prisoner, Powell, in the parish workhouse, and I apprehended Dorking at her own lodgings, in the serjeant's house; I searched her, and found some duplicates upon her, (produces them); she gave them to me very freely, and said, she had them from Mary Powell.

Powell's defence. I had this house to take care of; he had but thirteen shillings a week, and I had six shillings a week to pay out of it, and there was hardly any thing in the shop when my daughter died; they were obliged to pledge things to support the family; I have redeemed them, and pledged them backwards and forwards, it had cost me three shillings a week to pay interest; I thought I had as great a right to the property as him; there was nothing there that was of his buying.

Court. (To Cutler). Q. You were married to the woman that is dead? - A. Yes, and these things were all bought after we were married, except two candlesticks.

Darking's defence. I am innocent of taking these things; I leave myself to the mercy of your Lordship and the Jury.

Powell, Guilty (Aged 59.)

Of stealing to the value of 39s.

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

Darking's NOT GUILTY .

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

Reference Number: t17990220-14

147. DAVID WILLIAMS was indicted for feloniously stealing, on the 11th of February , a saddle, value 10s. the property of Evan Davis .

ROBERT GREENHILL sworn. - I am a patrole of St. Margaret's, Westminster: On the 11th of this month, in the morning, about a quarter past two o'clock, in New Palace-yard, my partner, Simpson, and I, met the prisoner at the bar with something tied up in a smock frock; I caught hold of it, smock frock and saddle and all; I asked him what he had got there; he told me it was a saddle; I asked him where he got it from, but he did not chuse to tell me at that time; I then took him to the watch-house, and there he told me he found it in the street, but it was not dirty at all, it was as clean as it is at this moment; it had a cypher upon it, W G upon the four buttons of the saddle; they were plated, there was no saddler's name upon it. I took him in the morning to Queen-square, and, by order of the Justice, I went to Mr. Davis's and told him of it; Mr. Davis came forward on the Wednesday following, and claimed it.

SIMON SIMPSON sworn. - I am a patrole; I was with Greenhill, I saw the prisoner; we stopped him, and found upon him a saddle, wrapped up in a smock frock; he said, he found it in the street; we took the prisoner and the saddle to the watch-house.

Greenhill. I have had the saddle ever since.(Produces it).

EVAN DAVIS sworn. - I live in Prince's-row, Lambeth, I am a cow-keeper; the prisoner was my servant, and had lived with me about four or five weeks; he did not attend to his work, and the last week that he lived with me he worked but one day, that was Monday; Tuesday he did not come to his work, and on Wednesday I meet with him in High-street, Lambeth; he called after me, and asked me for his wages: there were two shillings due to him; I said, you shall go without your money, because you won't work your week out; he said, he would summon me, then we parted; and on Saturday afternoon I met him about the same place, and I asked him whether he had received money enough to summon me for his wages; he said, no, master, if I had, I would not summon you; then I told him if he would go up to my yard and clear the sties and stable out, that I would pay him his wages and give him a pint of beer before he went: yes, master, says he, and thank you too; and I gave him a pint of beer before he went out of the house; accordingly he went and did his work; and the next morning, Sunday, he came of his own accord, and cleaned them out, and then I gave him half-a-crown and a pot of beer, and told him, if he would come up that day he should have a dinner, but he did not come to dinner; on the Monday, about twelve or one o'clock,

Greenhill came to our house to know if I had missed any thing; I then missed the saddle; it had been to be mended, and was come home; I did not see it again till I saw it at Hicks's-hall, Greenhill produced it there; I am sure it was in the stable the Saturday before, and on the Sunday the prisoner was in the stable; the saddle was marked W G, it was an old one that I had bought; there were no stirrups or girths to it.(The saddle was produced in Court, and deposed to by the prosecutor).

Prisoner's defence. I was very much in liquor, and a man was drinking with me on Sunday morning at Lambeth, and he asked me if I would lend him a saddle, and I told him I would, and on Sunday night I was very drunk, and I took the saddle out and I met the watchman, and asked him to direct me to a night-house, and then the watchman came after me and took me to the watch-house.

GUILTY . (Aged 30.)

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

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

Reference Number: t17990220-15

148. JOHN FITZWILLIAM was indicted for feloniously stealing, on the 27th of January , a pair of linen sheets, value 3s. the property of John Elger .

ELIZAETH ELGER sworn. - I am the wife of John Elger : On Sunday evening, the 27th of January, the prisoner came into our house, the Black-lion, in Petticoat-lane , about half an hour after nine o'clock, and went into the tap-room; he went up stairs, I did not see him go up, but I saw him come down stairs with the sheets under his arm; I held him till Samuel Samuels came out of the tap-room, and took him out of my hands; they were my husband's sheets, they were worth three shillings.

SAMUEL SAMUELS swron. - I was at Mrs. Elger's drinking a pint of beer, I heard a great noise, I came out and saw the prisoner with the sheets under his arm; I took him from her into the tap-room. (The sheets produced and deposed to by Mrs. Elger).

Prisoner's defence. I was very much in liquor.

Mrs. Elger. I did not observe he was in liquor; I never saw him but once, and then I forbid him the house, because I had heard he was just returned from transportation. GUILTY (Aged 22.)

Transported for seven years .

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

Reference Number: t17990220-16

149. THOMAS WHEELER was indicted for feloniously stealing, on the 2d of February , a copper tea-kettle, value 1s. 6d. the property of Joseph Fosmeire .

JOHN TURVIN sworn. - I live at the Neat-house, Mill-bank : On the 2d of February, about eleven o'clock in the morning, I saw the prisoner going down Mill-bank; I overtook him, and asked him what he had got; he said it was a tea-kettle, that it was his wife's, and he was going to sell it; it was a copper tea-kettle; I told him I was afraid he had stole it, and that he must go back with it; I brought him back to Fosmeire's cottage, and there he delivered it up; the woman of the cottage, Mrs. Fosmeire claimed it; he readily united and gave it up, it was tied up in a handkerchief.

CATHERINE FOSMIERE sworn. - I am the wife of Joseph Fosmeire , I live in one of Mr. Turvin's cottages: On the 2d of this month I hung my kettle up in the wash-house to dry as soon as I had done breakfast, about nine o'clock, and I had occasion to go of an errand at eleven, and I bolted my back door, and returned in about half an hour after, and, when I came back, I found my back door broke open, and a part of the partition of the kitchen broke; the wash-house was adjoining the kitchen; and then Mr. Turvin came with the prisoner and the kettle; I had not been out above five minutes; I delivered the kettle to the officer, Marsden.( John Marsden , the officer, produced the kettle, which was deposed to by the prosecutrix).

Prisoner's defence. I never was near the place; I bought the kettle of a bargeman.

The prisoner called two witnesses, who gave him a good character. GUILTY (Aged 25.)

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

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

Reference Number: t17990220-17

150. CATHERINE HUGHES was indicted for feloniously stealing, on the 13th of February , a linen hammer-cloth cover, value 10s. the property of Francis-Perry Stubbs .

THOMAS BUTLER sworn. - I am servant to Mr. Godsall, coach-maker, opposite Mr. Stubbs's; there was a chariot standing close to the accompting-house door, that had come to have something done to it; I was in Mr. Godsall's shop, and observed the prisoner loitering about the door; I saw her go into Mr. Stubbs's, and then come out again half way; she then went back to the accompting-house, and came out with a bundle in her apron; I went immediately and caught the prisoner by the shoulder; I put my hand to her apron, and took her back to the shop; I called Thomas Standborough to my assistance, and then he took out a hammer-cloth from under her apron.

THOMAS STANDBOROUGH sworn. - I am a painter, I work for Mr. Stubbs: On Tuesday, the 13th of February, hearing a noise in the front shop, I came down to see what was the matter; Butler had the prisoner in his possession, and I took the hammer-cloth from under her apron; and knowing it to be the hammer-cloth which I had about half an hour before put upon the carriage, I sent for an officer, and she was taken to Bow-street.(The hammer-cloth was produced, and deposed to by Standborough).

Prisoner's defence. I picked it up by the side of the carriage, and put it in my apron; my husband has been seven years a soldier, and I have two small children. NOT GUILTY .

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

Reference Number: t17990220-18

151. WILLIAM KINGSLAND was indicted for feloniously stealing, on the 21st of January one thousand bricks, value 30s. the property of Thomas Rhodes , Samuel Rhodes , and William Rhodes .

The case was opened by Mr. Knapp, but there being not a little of evidence to affect the prisoner, he was

ACQUITTED .

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

Reference Number: t17990220-19

152. ELIZABETH LARNER was indicted for feloniously stealing, on the 23rd of January , a flat iron, value 12d. and three iron trivets, value 3s. 6d. the property of Edward Robertson .

EDWARD ROBERTSON sworn. - I keep a smith's shop ; the prisoner lodged with me formerly; I lost a great many things out of the shop, and I suspected the prisoner: On the 23rd of January I concealed myself in the shop; she looked round to see if she could see any body; she then took a flat iron and three iron trivets, and put them into her apron; she went out, and I pursued her into her own apartments, two doors off; I took hold of her, and asked her what she had done with the things; she then began crying, and hoped I would forgive her.

Q. Did you tell her you would forgive her? - A. No; I secured her immediately. (Produces the property.)

UNDERWOOD RAYMOND sworn. - I made the trivets the day before, I know them to be Mr. Robertson's.

Prisoner's defence. I hope he will forgive me.

GUILTY (Aged 29.

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

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

Reference Number: t17990220-20

153. THOMAS BROWN was indicted for feloniously stealing, on the 26th of January , six iron palace-shovels, value 15s. the property of John Francis Miller .

The case was opened by Mr. Knapp.

JOHN- FRANCIS MILLER sworn. - Examined by Mr. Knapp. I am an ironmonger , in Wapping: On Saturday, the 26th of January, from the information of Mr. Lewis's servant, I found that I had lost six shovels, such as are used on board of ship, they are called palace-shovels; I immediately ran over the Hermitage-bridge, and when I got over the bridge, I saw Mr. Lewis with the prisoner and the shovels, that was in the course of about one minute after I had received the information; the prisoner then came back to my house with Mr. Lewis and myself, and another person that Mr. Lewis thought was in company with him; we sent for a peace officer who lives about three houses off, and he came immediately, his name is Hodgkinson; the officer went with the prisoner at the bar and Mr. Lewis, and the other man and myself went together towards the Marine Police-office.

Q. Were the shovels that were brought back to your house the same that you had lost? - A. Yes, they were. When we had got some distance towards the Police-office, I saw the prisoner running back again towards my house, with a drawn knife in his hand; he had made a clear way as he passed the middle of the street, and I gave him way too.

Q. What sort of knife was it? - A. A small clasp knife. I then turned round and followed him; after running some distance, he turned up a passage, called Smith's-place, that was no thoroughfare; he came back again down a court, and brandishing his knife about, he cleared the place again to let himself out; he then ran down Wapping, towards the Police-office; he then turned up a place, called Russell's-buildings, and I saw a Mr. Calmer standing at his door with a hair broom in his hand; when he had gone past Mr. Calmer, I snatched the broom out of his hand, and knocked the prisoner down; at that time he had his knife drawn in his hand; I had caught hold of his left hand which had the knife in it, but could not get it from him; several other neighbours then came up, and what with holding him down by the hair of his head, and otherwise ill using him, after about ten minutes trouble, we got the knife from him, and secured him; I went to the Police-office, got some officers, and they took him to the Police-office.

ROBERT LEWIS sworn. - On Saturday, the 26th of January, I desired my servant to inform Mr. Miller that a man had taken some shovels from his door; I pursued the man immediately, which was the prisoner at the bar; I came up with him at Mr. Tunbridge's door, near the Hermitage-bridge;

I then laid hold of him by the collar with my left hand, and with my right hand I laid hold of the shovels, there were six of them; I said to the prisoner, friend, how did you come by these shovels; he instantly then dropped the shovels, and endeavoured to rescue himself from me, by which his jacket was torn; and Mr. Tunbridge and some persons who were standing by, said, assist Mr. Lewis, do not let the fellow get away; at that time Mr. Miller came up and claimed the shovels; I got fresh hold of the man, and we got him back to Mr. Miller's house; Mr. Miller sent for Hodgkinson, and gave him charge of him, desiring that he might be conveyed to the Marine Police-office; Mr. Miller and I followed him down towards the Marine Police-office; we followed him part of the way, and at some little distance saw him parading with a drawn knife.

Q. What became of the shovels afterwards? - A. They were carried to the Police-office.

THOMAS MITCHELL sworn. - I am one of the Police-officers. (Produces the shovels).

Miller. These are my shovels; they are the same that were at my door, the same that were afterwards brought back to my shop, and the same which I saw at the Marine Police-office.

JOHN HODGKINSON sworn. - I am a headborough: On the 26th of last month, I had charge of the prisoner at the bar in Mr. Miller's shop; I had taken him about two hundred yards from Mr. Miller's, towards the Police-office, and he told me he had stolen the shovels; that it was the first time, and that his partner was innocent.

Q. Did you make him any promise or threat at that time? - A. No, I did not. He had desired me to let him step upon the stags, I then observed him to be very busy with his hands in his pocket; and then he pulled out a knife from his waistcoat pocket, and swore he would stab me.

Q. Have you got the knife? - A. No, we lost it in the scuffle; he made his escape, and was afterwards taken again.

Prisoner's defence. I never took the shovels.

GUILTY (Aged 37.)

Transported for seven years .

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

Reference Number: t17990220-21

154. EDWARD EDWARDS was indicted for feloniously stealing, on the 4th of February , 19lbs. weight of bacon, value 9s. the property of William Crisp .

WILLIAM CRISP sworn. - I am a cheesemonger , No. 8, Cecil-court, St. Martin's-lane : On the 4th of February, the prisoner at the bar came into my shop, and asked for a pennyworth of cheese, which I served him with, and he went away immediately; and came into the shop again in about ten minutes, and asked for a rasher of bacon, and he must have it very nice and streaked; I cut him some, and as soon as I had cut him the bacon, he went away; that is all I know of it.

RICHARD ALDRED sworn. - I keep the Bell, in Cecil-court: About a quarter before nine, I sent my boy out with a pint of beer; I went to the door, and observed a man in a sailor's dress at my window, who gave a hem to the prisoner at the bar, who was then in Mr. Crisp's shop; I immediately looked in at Mr. Crisp's shop, which is opposite to me, and saw the prisoner slide the bacon off the board down by his side; I heard him say to Mr. Crisp, if I like your bacon, I will call again; he then came out to the door, and this piece of bacon sell from him; I picked it up, and told Mr. Crisp of it; the prisoner then ran away; Crisp and I followed him and took him, about twelve yards from where he dropped the bacon; it is a narrow passage, and there was a great deal of snow upon the ground; he denied taking the bacon, but afterwards told me, if I would forgive him, he would tell me where it laid.

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

Q. Did you tell him, it would be better for him to confess? - A. No; I told him he should go to the watch-house; he said, he had a sick father, and went down upon his knees to me, and begged I would set him at liberty; Mr. Crisp and I then took him down to the watch-house.

Q.(To Crisp.) Had you such bacon as that in your shop? - A. Yes; I missed it immediately upon my neighbour's coming over to me.

Jury. Q. It is not the bacon you cut the rasher off? - A. No.

Prisoner's defence. I do not know what to say, my father is very bad in bed.

GUILTY (Aged 15).

The prisoner was recommend to mercy by the Jury.

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

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

Reference Number: t17990220-22

155. GEORGE CLAYTON was indicted for feloniously stealing, on the 14th of February , 12 pair of stockings, value 1l. 10s. the property of Randal Walworth .

RANDAL WALWORTH sworn. - I am agent to Robert Clarke , carrier, who resides at Leicester: On the 14th of this month, the prisoner came down our yard, the White-horse, Cripplegate , and took a dozen of stockings out of my accompting-house; I did not see him take them, but I took them from him myself, in the yard; they were white cotton stockings.

Q. How do you know they were your stockings? - A. I am responsible for them; I had them in trust for the proprietor of the waggon; I am liable for all goods that are lost, that is our contract; they were damaged stockings that had been returned upon my hands for being damaged; they came up for Summerset and Company, in Oxford-street, a whole package, out of which there were three dozen damaged, which were returned to me; and I was either to have returned them into the country, or have made the best I could of them; I had paid Summerset and Company, for them; if I had sent them down to my employer, I should have debitted his account to the amount.

EDWARD GOULDER sworn. - I am servant to Mr. Walworth: I saw the prisoner go down the yard, and into the accompting-house; I supposed he had some business there; he stopped there for a minute and a half or two minutes; I saw him come out of the accompting-house with a parcel under his jacket; he had an old jacket on; I said, what have you got here, my friend; he said, it was his parcel; we went up the yard ten yards or better together; then Mr. Walworth came out of the warehouse door that leads to the accompting-house; I said, master, did you give this man any parcel; no, said he; I had hold of him by the collar at the same time; my master came and took the parcel from him; the prisoner said he had a friend just by; and then afterwards, he said, he wished to speak for himself. A constable was sent for, and he was delivered to him with the stockings.

RICHARD ELDIN sworn. - I am a constable: I was sent for to apprehend the prisoner, and they delivered me the prisoner and the goods; that is all I know of it. (Produces the parcel).

Mr. Walworth. These are the same goods that I lost.

Goulder. I never saw the parcel opened till now; the outside paper is the same.

Prisoner's defence. I can say nothing to perfection, and therefore it would only aggravate the crime.

GUILTY (Aged 63.)

Confined one year in Newgate , publicly whipped , and discharged.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17990220-23

156. CHARLES GODFREY was indicted for feloniously stealing, on the 15th of February , a cotton gown, value 10s. the property of Robert Bridgman .

ROBERT BRIDGMAN sworn. - I am a green-grocer : Last Friday, I lost a cotton gown, which I had had from Mrs. Downer, of Bishopsgate-street, to starch and glaze; it had been starched, and was hanging to dry.

Q. Are you liable to make it good, in case it should be stolen from you? - A. No doubt of that. The prisoner at the bar went through the passage into the yard, and took it; my wife went into the passage, and detected him with it under his coat; I was called, and when I came into the passage, I took hold of him likewise; he had the gown then, it was a pattern that I can swear to, for I never had a gown of the pattern in my life. I sent for an officer to take the prisoner in charge, and delivered the gown to him. He begged I would let him go, but I told him, I had been robbed so many times before, that I would not; I had been almost ruined, me and my family, by it.

MARY BRIDGMAN sworn. - I did not see the prisoner go into the yard, but I saw the line in the yard swag more than I thought the wind could make it; I went out into the passage, and thee I saw the prisoner with a gown under his arm; I am sure it was the same gown that I had starched, and hung up in the yard.

JOHN LANGLEY sworn. - I was coming by the prosecutor's house, about three o'clock, I heard a noise, I went in and saw the prisoner in the passage, and the gown was lying upon a gutter that runs along the edge of the passage into the street; I picked up the gown, and gave it Sapwell.

Bridgman. He wanted me to take the gown from him; I said, I would not, not till the constable came; and then he put it down in the gutter himself.

THOMAS SAPWELL sworn. - I am an officer of Bishopsgate-ward:(Produces the gown), I received it from Langley.

(The gown deposed to by Mr. and Mrs. Bridgman.)

Prisoner's defence. The woman said, she would forgive me; and, after I was committed, she said, she would not hurt me.

GUILTY (Aged 29.)

Confined one month in Newgate , and whipped in the Jail .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17990220-24

157. JAMES HOWE was indicted for feloniously stealing, on the 22d of January , an iron bar of the weight of four pounds, value 7d. belonging to Thomas West , fixed to his dwelling-house, against the form of the statute, and against the King's peace .

THOMAS WEST sworn. - I live at London-wall : On the 22d of January, about six o'clock in the evening, I stepped out of my house, I was gone about five minutes; upon my return back, I observed a man near the cellar-window, kneeling as though he was buckling his shoe; I then just stepped up the step of the door, and heard a violent

crash, which induced me to put my head out at the door, and the prisoner at the bar had got hold of the iron bar of the window with both his hands, and with main force pulled this bar, which the constable has here, right out, and immediately set off with the bar in his hand; I pursued him, and caught him by the collar, and brought him back to my house; I immediately sent my servant for the officer, who happened to be at home, and he took him into custody; I delivered the bar as well as the prisoner to him.

JOHN KINCHON sworn. - I am a constable: On the 22d of January last, I was sent for to take charge of the prisoner; Mr. West delivered me the bar, and I have kept it ever since. (Produces it).

Prisoner's defence. I was going after a young man that owed me some money; as I was going past this cellar-window this bar of iron stuck out, and struck my knee, it was loose, and I own I took it up; Mr. West was upon the steps, and he asked me what I had got there; I told him it was a bit of iron.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17990220-25

158. SARAH MARTIN was indicted for feloniously stealing, on the 30th of January , a child's woollen dress, value 7s. the property of Edward Smith .

EDWARD SMITH sworn. - I am a salesman and draper in Houndsditch : On the 30th of January I lost a child's dress; I can only prove the property.

JOHN BLACKBURN sworn. - I am clerk to Mr. Smith: As I was coming across Houndsditch, I observed the prisoner come out at the prosecutor's door with a child's dress; she had a large brown cloak on, and she wrapped the dress up in the cloak, and walked off with it, about the space of ten yards, it was a child's woollen dress; I went after her, and took her by the arm, and told her she must go back with me, that she had got one of our garments; I sent for an officer, and a man that is here took it from her.

NATHANIEL BURDER sworn. - I am shopman to Mr. Smith: I did not see the prisoner take it, but I went to the door, and saw her with the dress in her hand; I went after her, and took it from her; I delivered it to the officer.( Richard Tipper , a constable, produced the property, which was deposed to by Mr. Smith and Burder).

Prisoner's defence. I never was guilty of the like before. GUILTY (Aged 16.)

Confined one month in Newgate , and whipped in the jail .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17990220-26

159. MICHAEL DUFFEY was indicted for breaking and entering the dwelling-house of Charles Crouchman , about the hour of twelve, in the night of the 11th of November , with intent the goods in the said dwelling-house burglariously to steal, and stealing four children's dresses, value 20s. four quilted petticoats, value 20s. a ring, value 12d. a linen sheet, value 12d. a table-cloth, value 3s. a bed-gown, value 12d. three brass candlesticks, value 3s. a copper tea-kettle, value 3s. and a tin saucepan, value 6d. the property of the said Charles .

CHARLES CROUCHMAN sworn. - I belong to his Majesty's ship the Enterprize ; when I am on shore I live at No. 9, Red-lion-court, St. Catherine's ; the whole of the house is mine, I pay my rent to Mr. John Thompson , the rent-gatherer, there is nobody in the house but myself, and my wife and family.

Q. You say in your information before the Magistrate that you lodged at that house? - A. I rent the whole; I was on board the Enterprize at the time this happened.

CATHERINE CROUCHMAN sworn. - I am the wife of Charles Crouchman, I live in Red-lion-court, St. Catherine's, I have lived there about five years, Mr. Thompson is my landlord: On a Saturday night, about the middle of November, our house was broke open; I went to bed at past twelve o'clock that night, my husband was not at home; I had four small children in the house, my cellar-window was not fast, and they came in that way; my other windows and doors were secured, the cellar-window never was fastened, but there was an iron bar went down inside the window, and that was stretched so that it was bent.

Q. Did you hear any thing in the course of the night? - A. Yes, I heard a garden-pot, that stood in the cellar-window, come down with a heavy found, about ten minutes after I had been in bed; I did not get up, I thought it had been my children above, I thought they had pushed the headboard out of the bed; I got up the next morning about eight o'clock, I then discovered that the door which comes out of the cellar into my room had been broke open.

Q. How had you fastened that door the night before? - A. With a bit of a slight bolt, and the staples were forced quite out. The first thing that I missed was my children's clothes, which they had worn before I put them to bed, some of them were up stairs, and some down upon a chair; my children slept in the two pair, and I in the one pair of stairs. The next thing that I missed was my victuals out of the cupboard, and the things mentioned in the indictment, as well as a great many others, Last Wednesday I was going down into Wapping, and happened to see a child belonging to the pri

soner, he lived about a quarter of mile from me; the child had on a coat, a waistcoat, and a pair of trowsers, belonging to a dress of my children's; the coat and waistcoat belonged to one child, and the trowsers to another.

Q. Were you present when the prisoner's house was searched? - A. No; as I knew the child, I went down to see for the father, and met with him in the street; I stopped him, and asked him how he came by these trowsers; he said, he bought them at a Jew's; I asked him if he would go home to his own apartment, and I would speak to him there, and when I went in, I perceived some part of my property, two candlesticks upon a high shelf, and a rug upon a chair.

Q. Was the prisoner with you when you saw these things? - A. Yes; I asked him how he came by them, and he said, he bought a lot in Rosemary-lane; upon that I went home and sent for my husband; my husband came a-shore and went to the prisoner, but I did not go with him.

Cross-examined by Mr. Knapp. Q. Was your house broke open on the 11th of November? - A. I cannot speak to the day, I believe about the middle of the month.

Q.Rag-fair is pretty near your premises? - A. Yes.

Q. There are a great deal of clothes fold at Ragfair? - A. Yes.

Q. And children's claothes among the rest? - A. Yes.

Q. A great many Jews deal there? - A. Yes.

Q. And you did not see any of your things again till last Wednesday? - A. Wednesday week.

Q. So that you have not seen your goods for two months? - A. No.

Q. And the prisoner does not live more than a quarter of a mile distant from you? - A. No.

Q.Perhaps you might have seen him frequently after you had your house broke open? - A. Yes, certainly, but I had no suspicion.

Q. You have seen him frequently? - A. Yes.

Q. You know he was a married man, and had children? - A. Yes.

Q. He had lived in the place, that you describe, up to the time you apprehended him? - A. Yes.

Q. He said he had bought them of a Jew? - A. Yes.

Q. You told my Lord, that he said he had bought the things in a lot, did you understand that to apply to the child's clothes, or only to the candlesticks? - A. To all together.

Q. Such sort of things might be bought in a lot in Rag-fair? - A. Yes.

Q. You have yourself, perhaps, bought some of your child's things, ready made, in Rosemary-lane? - A. Yes.

Q. Do you know how long this man has lived in your neighbourhood? - A. I cannot say.

Q. Has he lived where he now lives during all the time? - A. No; he lived there about five or six months.

Q. Where did he live before? - A. In different parts of Wapping.

Q. Have you known this man a great deal? - A. I have not spoke to him these two years; not since the decease of his first wife, and a little while after.

Q. But you have seen him within that time? - Yes.

Q. And know where he lived during that time? - A. He has moved several times since.

Q. How long did you know him in his first wife's time? - A. Three or four years; or it might be longer.

Q. During his first wife's time, you were intimate with his wife? - A. Yes.

Q. Where did he live then? - A. In Crown-court, Wapping.

Q. So that during all the time you have known him he has lived in and about Wapping? - A. He did.

Q. Your husband is a sailor, is not he? - A. Yes.

Q. And what business do you follow? - A. I work for a wholesale shop in Rosemary-lane.

Q. And is that the only means you have of getting your livelihood? - A. Yes.

Q. Do you know, that if this man is convicted, there is forty pounds reward? - A. I do not know any thing of the kind.

Q. You never heard of it? - A. I would not wish it.

Q. Have not you heard of it? - A. Yes, I have.

Q.(To the Prosecutor.) What steps did you take after your house was broke open? - A. John Thompson and I went down to Globe-court to the prisoner's house, last Wednesday was a week, in the evening, I went and knocked at the door twice; then they wanted to know who was there; I said, Charles Crouchman; I told them I wanted to see Mr. Duffey; they then opened the door; Duffey was up stairs, and he came down to me; they had no light, and he desired a light to be lit; I called to Thompson, and said, why do not you come in; Duffey asked who I had got there; I said, a friend of mine; he desired; him to walk in; he shook hands with me very kindly; I then saw his boy walking about with my boy's coat and waistcoat on, about nine years of age; I afterwards perceived two of my candlesticks upon a high shelf; Thompson took them down, and desired him to come along with him; he said, stop till I get my hat and my coat; Thompson insisted upon his making haste; there were three or four men in the house at the time; and then we came out, Duffey and I, and Thompson.

Q. Did you hear him say any thing about the clothes you saw upon his boy, or the candlestick? - A. He said he had bought them.

Q. Did you see any thing else found? - A. Yes. After we had been at the Police-office, we went back again to the house, and found a table-cloth, a sheet, and another candlestick; I do not remember any thing else, till we came down stairs and took the child's clothes off. The property was carried down to the Police-office, and the officer took charge of them.

Cross-examined by Mr. Knapp. Q. All these things were found so late as last Wednesday week? - A.Yes.

Q. Thompson was an officer, was not he? - A. Yes.

Q. And when you went there, the prisoner was very glad to see you? - A. Yes; and he told me to ask my friend 1s.

Q. The clothes were worn by the child publicly, that any body might see them? - A. Yes.

Q. And the candlesticks were upon the high shelf, where any body might see them? - A. Yes

JOHN THOMPSON sworn. - I am a headborough: Last Wednesday, in the evening, about half past seven, I was applied to respecting this business, by Charles Crouchman; I went with him down to Globe-court, to the prisoner's house; we knocked at the door, and they said, who was there; Crouchman said, it was him, and they opened the door; and Crouchman asked me why I did not come in; I told him, I would as soon as he had got the light; then I believe it was Dussey ordered a light, and I went into the house, and saw two candlesticks upon the shelf; Crouchman said, they were his; I told Duffey, he must walk along with me a little way; there were three or four men in the house, and I did not think it prudent to look any further; I took Duffey and the two candlesticks to the Police-office, and begged some officers, to assist in searching the house. I went again, and found the other things.

Cross-examined by Mr. Knapp. Q. Perhaps you knew Duffey before? - A. No, I did not.

Q. You found no difficulty in searching his house? - A. No.

Angier Burn, Richard Perry, and Thomas Rogers , three officers, confirmed the evidence of the last witness, and produced the property, which was deposed to by Mrs. Crouchman.

Prisoner's defence. About two years ago, my wife died, and I married another in about six weeks or two months; and I was obliged to sell a great many of my things; I had a child almost naked, and I went into Rag-fair, and bought-these things; I brought them home, and put them on the children's backs. I have some of the first people in Wapping, here in my behalf; I have lived there these-sixteen years; every body knows me.

The prisoner called seven very respectable witnesses, who had known him from two to fifteen years, who gave him and excellent character.

NOT GUILTY .

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

Reference Number: t17990220-27

160. JOHN SMITH was indicted for feloniously stealing, on the 16th of February , a man's hat, value 10s. a cloth coat, value 40s. a striped waistcoat, value 4s. a pair of nankeen breeches, value 2s. a pair of silk stockings, value 4d. and a pair of leather gloves, value 12d. the property of Samuel Tiley , in the dwelling-house of Mary Cawood , widow.

SAMUEL TILEY sworn. - I lodge in the house of Mary Cawood , at the Sun and Horse-shoe, in Tichfield-street ; I went home from work on Saturday night last about nine o'clock, I am a journeyman coach-maker ; I went up stairs to bed, and in the morning I got up and found my drawers open between seven and eight o'clock; I had not been at them since Friday, they were then locked; I missed the things mentioned in the indictment.

Q. They are valued at fifty-seven shillings and four-pence - are they worth that? - A. Yes, they are, they would sell for that; I found all the articles upon the prisoner on the Monday following; I reported him at the Guards, and he was brought to the Savoy; I found him there with my property; it is in the constable's hands; the prisoner was quartered in Mrs. Cawood's house; he slept in the same room with me, but he slept out all that night.

Prisoner. Q. Was the drawer locked? - A. Yes.

Prisoner. Q. Did you search it when you locked it? - A. I always do try it.

WILLIAM BROWN sworn. - I am a constable of Mary-le-bonne; I found these things upon the prisoner's back. (Produces them).

Tiley. These are the same articles that were locked up in my drawers.

Prisoner's defence. I was going out to see a friend, and my regimentals were not very clean, and I went to the drawer and took these things out to go to see my friend in; I got disguised in liquor that night, and I was to be upon guard on the Sunday, and did not; I was taken to the Savoy for missing guard; I did not intend to steal them.

For the Prisoner.

PETER SANDERS sworn. - I am a corporal in the 1st regiment of guards, the prisoner is a horner in the same regiment: I was ordered to confine him for missing guard, and he told me as I was taking him to the Savoy who these clothes belonged to, and he desired me to let the man know; I have

known him four years, he bears a very good character.

GUILTY (Aged 20.)

Of stealing to the value of 39s.

Transported for seven years .

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

Reference Number: t17990220-28

161. ELIZABETH CONNER was indicted for feloniously stealing, on the 4th of January , two neck handkerchiefs, value 12d. a pair of cotton stockings, value 6d. and a ball of worsted, value 1d. the property of George Combie .

MARGARET COMBIE sworn. - I am the wife of George Combie ; I lodge in Short's-gardens ; I took the prisoner as a lodger, but she had nothing to pay for it, and I trusted her in my place as a servant : On Friday night, the 4th of January, I missed a ball of worsted, which the watchman found upon her the Saturday week after, and she stockings and handkerchiefs, the watchman has them; she said, she took them to buy her breakfast, and she did not want it, because I had given her victuals.

JOHN COWELL sworn. - I am a watchman; Mr. and Mrs. Combie stopped the prisoner, and gave me charge of her, at No. 1, Short's-gardens, on Saturday night, the 12th of January, after eight o'clock; I took her to the watch-house, and only found a ball of worsted; the other watchman has got the duplicate of the handkerchiefs; the stockings we found upon her feet; she said pawned the handkerchiefs to get her a breakfast. (Produces the stockings and the worsted).

ARTHUR M'CARTY sworn. - I know no more than the last witness, only I took two neck handkerchiefs out of pawn. (Producing them).(The property deposed to by the protecutrix).

Prisoner's defence. I pawned the handkerchiefs for a breakfast, and the stockings I thought were of no value to any body, and therefore I put them on.

GUILTY (Aged 23.)

Whipped in the jail , and discharged.

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

Reference Number: t17990220-29

162. THOMAS NICHOLSON was indicted for feloniously stealing, on the 13th of February , a metal watch in a shagreen case, value 21s. a steel watch-chain, value 2s. a metal seal, value 12d. and a metal watch-key, value 2d. the property of James Adams .

JAMES ADAMS sworn. - I keep the Bunch of Grapes, in Charlotte-street : On Wednesday, the 13th of this month, I lost my watch out of my bedroom; the prisoner was quartered upon me; I slept in the one pair, and the prisoner slept in the third pair; I missed my watch about nine o'clock in the morning, and I had the prisoner taken up immediately; the constable and I went up stairs, and found the watch in his breeches, he pulled it out himself; the constable has the watch.

- HIGHLEY sworn. - I am a constable; I searched the prisoner; the watch was in his breeches, and while I was searching his other clothes, he pulled it out himself; the chain I found in one of his pockets, I have had them ever since; the seal and key, and part of the chain, I found between the sheets, wrapped up in a paper; the chain was broke; we could not get a word out of him.(Produces the property).

Adams. They are mine; I know the watch by the name and number, and the seal is a heart, with two darts.

Prisoner's defence. I was very much in liquor, and got into the wrong room, and seeing the watch hand up, I put it in my pocket.

The prisoner called his pay-serjeant, and another serjeant, who had known him two years and four months, and gave him a very good character.

GUILTY (Aged 21.)

Transported for seven years .

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

Reference Number: t17990220-30

163. JAMES TOMLINSON was indicted for feloniously stealing, on the 4th of February , a hand-saw, value 2s. and a tenon-saw, value 2s. the property of Henry Allibone .

HENRY ALLIBONE sworn. - I am a carpenter and joiner ; Between Saturday evening the 2d, and Monday morning the 4th of February, I lost the property; I had finished a job on Saturday afternoon, and carried my tools to the house of Thomas Turton , in Flaxmoore's-place, Long-alley ; I went home about six in the evening, I live in Whitechapel-road; I returned on Monday morning, intending to go to work, to Turton's, when I missed both the saws; Turton and I went to two pawnbrokers, and heard nothing of them; then we went to Davison's, in Bishopsgate-street; I described them, and gave them a direction where to send to me if they should be offered, and as I was coming away, Turton disired me to look at a saw that was lying upon the ground; I said, it was my hand-saw; I said, I could swear to it at the distance, it was behind the counter; I found the prisoner about two hours after, in Long-alley, Moorfields; I met him, and asked him if his name was not Tomlinson; he said, no; I had seen him twice before; I told him I thought it was; he said, had I any demands upon Tomsinson; I told him, nothing more than to settle a wager between me and Turton, and if he would go with me to Flaxmoore's, which was a Public-house, in Long-

alley, I would treat him for so doing; he came part of the way, and then made an excuse to go somewhere; I told him it would no take long to settle the business, and then he might go; he went with me to Flaxmoore's; I then sent for Turton; the prisoner then told me I had no business to hold him there, I had not then said a word about the saws; he insisted upon going, and we had a scuffle together; I threw him across the table, collared him, and said, he should not go; Turton then came in, I desired him to go immediately for an officer, which he did, and in about an hour an officer came and took him into custody; I went with him to the office, in Worship-street, I these saw him searched, and the duplicate of my hand-saw, among others, was found upon him; I was present at the search of his lodgings; he gave up the key to the officer, and there I found my tenon-saw and another saw; the prisonr is a cabinet-maker; the other saw proved to be his own; the constable has kept the tenon-saw, and the pawnbroker has kept the hand-saw.

- JARMAN sworn. - I am servant to Mr. Davison: On Monday morning, the 4th of February, I think before nine o'clock, I took in a hand-saw from the prisoner at the bar for 2s 6d.; I knew the prisoner before, (produces the saw); the prisoner said he pledged it for one Jackson, and the name of Jackson is on the duplicate.

RICHARD FERRIS sworn. - I am an officer belonging to Worship-street office: On the 4th of February I was sent for to take charge of the prisoner; I searched him, and in his pocket I found; several duplicates, one of a hand-saw, pawned that morning at Mr. Davison's; the prisoner was very much frightened, cried, and said, I own I did take them; I went to his lodgings, of which I found the key upon him, and found this tenon saw lying on the table; the prosecutor said it was his; I have had it ever since. (The saws were deposed to by the prosecutor).

The prisoner put in a written defence, stating, that he picked up the saws in the street on the Saturday night.

He also called four witnesses, who gave him a good character, one of whom admitted that a plane found in the prisoner's lodgings he believed to be his. GUILTY (Aged 36.)

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

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

Reference Number: t17990220-31

164. FRANCES ROBINS was indicted for feloniously stealing, on the 28th, of September a shirt, value 2s. thirty-six yards of cotton, value 20s. a bombazeen gown, value 10s. 6d. a muslin shawl, value 2s. 6d. a silk shawl, value 2s. three yards of cotton, value 3s. a table-cloth, value 10d. a silk cloak, value 10s. 6d. a pair of gold earrings, value 4s. and various other articles laid in the indictment, the goods of William Thomas , in the dwelling-house of Ann Watson .

SUSANNAH THOMAS sworn. - I live in Riding-house-lane, No. 14, by Portland Chapel; I went to see my husband at Gosport, he was at work there.

Q. Where did you live in the month of July last? - A. In Riding-house-lane , where I live now, in Mrs. Ann Watson 's house; she is a widow.

Q.How long had you lodged there before last July? - A. About three quarters of a year, as near as I can guess.

Q.About what time in July was it you went to see your husband? - A. About the middle, I cannot say particularly to the day of the month.

Q. Did you intend to return to this lodging? - A. Yes, they were my furniture.

Q. Now, besides furniture, had you left any other property? - A. I left wearing-apparel and bed-furniture, both of my husband's and my own, and several other articles.

Q. How did you leave them? - A. In a chest of drawers, locked up, that stood in my room, it is a kitchen that I occupy.

Q. Did you take the key with you when you went away? - A. Yes.

Q. At that time did you know any thing of the prisoner at the bar? - A. I never knew her till I saw my property upon her.

Q. Then you don't know whether she had any access to the house of Ann Watson? - A. No, I do not.

Q. She was not a person that lived in Ann Watson 's house at the time you did? - A. No, I never saw her to my knowledge.

Q. Then whether she had any opportunity of coming into this kitchen of your's, you don't know? - A. The way that she had come into my apartment was through my brother; I had let my apartment to my brother.

Q. Then, while you were absent, your brother was to occupy your apartment, was he? - A. Yes.

Q.When did you return to London? - A. I returned about seven weeks before Christmas.

Q. Who did you find in possession of your apartment at that time? - A. My brother was gone into the country; my brother was not there then.

Q. Now tell us in what state you found your drawers? - A. When I opened them, I found them all empty; they were all locked.

Q. Does Ann Watson continue to live in the house? - A. Yes, she does.

Q. Out of those drawers were the things taken

mentioned in this indictment? - A. Yes, they were all taken out of the drawers.

Q. How soon after your return, and missing these things, did you see those things, or any part of them? - A. The nearest time I can say I saw any of the things is about a month ago; I saw some tickets of them that were pledged at a Mrs. Jackson's, in Eagle-street.

Q. Did Mrs. Jackson give you those tickets? - A. She did.

Q. Did you, in consequence of those tickets, find any part of your property any where? - A. Yes, I did; the first thing I found by the tickets was at Mr. Chandler's, a pawnbroker's, in Holborn, and I found some others at a Mr. Marriot's.

Q. Those were found by those tickers you received from Mrs. Jackson? - A. Yes.

Q. Did you find any part of your property any where else? - A. I found a sheet at Mr. Marriot's, and some bed-furniture and a pair of ear-rings at a Mr. Henshaw's.

Q. Did you find the gold ear-rings in consequence of the tickets delivered to you by Mrs. Jackson? - A. I did.

Q. Did you find any thing else at any other pawnbroker's? - A.Nothing belonging to me but those tickets I have mentioned.

Q. Did you afterwards find any articles elsewhere? - A. I found a gown and coat at a relation of her's.

Q. Were you present when any apartments belonging to the prisoner were searched? - A. Yes, it was in John-street, New-road.

Q. When was that searched? - A. It was about a fortnight ago last Friday, and several other articles I found in her apartments, and she has two petticoats of mine now.

Q. Did you find any duplicates there? - A. I did; they were articles belonging to other people.

Q. How do you know that those were the prisoner's apartments? - I found her in them.

Q. What passed between you and her when you went there - had the officer been there before you? A. I went with him.

Q.Whereabouts did you find those articles in her room? - A. Laying about her bed; I found two gowns; there were several other things; part of the things I left locked up in my drawers.

Prisoner. The ear-rings were my property.

Court. (To Susannah Thomas ). Q. Do you recollect whether the ticket of the ear-rings was found in her apartment? - A. If it was found there, the officer found it.

WILLIAM SETTERINGTON sworn. - I am a pawnbroker; I live with Mr. Marriot, in Holborn; I produce a sheet; I took it in pawn from one Mary Prince, on the 13th of September; I knew Mary Prince for some time before; she pawned it for 3s. she had been in the habit of pawning things, it was pawned in the name of Mary Prince ; I took nothing else in from her.

CHARLES TRUNKMAKER sworn. - I am a pawnbroker; I live with Mr. Chandler, in Holborn; I produce a set of curtains, a tea-spoon, a gown, a cradle-quilt, and a piece of cotton.

Q. Were those articles pawned at your shop? - A. They were.

Q. Which of those articles were brought first to your shop? - A. The gown, on the 11th of September; the tea-spoon and curtains were brought in one day, the 27th of September.

Q. Did you take them in? - A. No; two young men did.

Q. Is there any name written upon those tickets? - A. They are all, except one, written Mary Prince ; the last that came was brought the 9th of October.

Q. Did you take those in? - A. No.

Q. Did you see any body come to the shop with those articles? - A. I cannot say, I don't recollect.

Q. One is marked with the name of Robins - did you see that person bring that article in? - A. I cannot say.

Q.Recollect yourself, who brought that article to you-were you present? - A. I might or I might not; it is so long since I cannot recollect; it is marked the 9th of October.

Q. Are any of the duplicates produced, in your hand-writing? - A. None of them.

Q. Or figuring, in any respect? - A. There is one of them in my figuring, it is the curtain, it is No. 46, it is the entry in the book.

Q. Does your book lead you to any information who the person was that pawned that curtain? - A. No.

Q. Where is your book? - A. It is not here.

JAMES HENSHAW sworn. - I am a pawnbroker, I live in High-street, Mary-le-bonne; I have a pair of ear-rings; they were pledged at our shop on the 26th of January last, in the name of Frances Robins.

Q. You don't know the person? - A. No.

Q. Had you ever seen her before? - A. Not to my knowledge.

Q. Did she give any account of them? - A. I don't recollect; I gave her a duplicate; I should know the duplicate again if I saw it.

MARY PRINCE sworn. - I live at No. 4, Little Turnstile, Holbon, I go out chairing, and clean shoes.

Q.(To Setterington). Is that the woman that brought the sheet to you? - A. Yes.

Q.(To Mary Prince ). Did you pawn any sheet

at Mr. Marriot's shop? - A. Yes, I cannot say the right day of the month; I pawned it for three shillings.

Q. How came you by that sheet? - A.Frances Robins asked me to go and pawn it for her.

Q. Do you mean the prisoner? - A. Yes.

Q. Where was this? - A. In my room, she came to me, I cannot say the day of the month; I pawned it the same day she brought it to me at Mr. Marriot's; she told me it was her own property.

Q. Did she give you any reason why she would not pawn it herself? - A.No, she said she was rather fatigued, and if I would take it she would pay me for taking it; I pawned it for three shillings; I gave the money to the prisoner immediately I came back, and the duplicate.

Q. Did you pawn any thing else for her? - A. Yes, soon after that I pawned a gown.

Q. How soon after? - A. I cannot justly say the time, but it was in the course of the month she came and asked me if I would go and pawn a gown for four shillings; it was a stripe coootn gown; I asked Mr. Chandler four shillings for it; I took nothing else at the time.

Q. In whose name was that article pledged? - A. Mary Prince , my own name.

Q. What did you do with that money? - A. I returned it to the prisoner, and the duplicate.

Q. Did you any time afterwards pawn any thing for her? - A. Yes, a set of bed-curtains; it was a very short time after this.

Q. Did she bring any thing else besides the curtains? - A. Yes, a tea-spoon; she begged me to go and pawn it for two shillings, but the pawnbroker gave me but one shilling and sixpence for it; she told me to pawn the curtains for six shillings; I pawned them at Mr. Chandler's in my own name; I got six shillings for the curtains.

Q. What did you do with the duplicates? - A.Return them to the prisoner.

Q. What did you do with the money? - A.Return them to the prisoner.

Q. Did you pawn any thing else for her? - A.No.

Q.What had you for your trouble in this busisiness? - A.Sixpence.

Q. When was it she gave you the sixpence? - A. At the time she gave me the curtains, the last time; she said, she was a mantua-maker; my sister married her brother-in-law.

Q. Did you ask no questions how she came by them? - A. I asked her why she distressed her things in that manner.

Q. How came you not to pawn them in her name? - A. I have taken several things for people to pawn, such as house-keepers.

Q. Then you pawn only for house-keepers? - A. Yes.

Q. Do you know a Mrs. Jackson? - A. Yes; I lodged in the same house where Mrs. Jackson lives; and when I removed, the prisoner wished to live in my room; the prisoner made me a present of these tickets at that time.

Q. Then you had those tickets over and above the sixpence? - A. Yes; I laid them upon my mantle-piece, and she asked me and my husband to give her a few nights lodging, and she was for that few nights lodging with me near three months, and one day she and I had a few words, and I bid he to quit my apartment, and when I came home I found she was gone, and I looked upon the mantle-piece for the tickets, but could not find them, and three of mine were gone with them.

Q. Where did Mrs. Jackson live at that time? - A. In Eagle-street.

Q. Do you know where the prisoner lived at the time she was taken up? - A.No.

SAMUEL HAMILTON sworn. - I am an officer: On the 1st of the present month I went to the prisoner's apartments, in John-street, New-road, near Lisson-green; I saw the prisoner lodging in a garret at No. 3; I told her my errand, and I searched her, the prosecutrix was with me, and I found a duplicate of a pair of gold ear-rings that referred me to Henshaw's, High-street, Mary-le-bonne, I think she said they were her own; I searched the room, and found two gowns, half a shawl, and some other small articles, which were claimed by the prosecutrix, and a cloak and a cap, that was all.

Q. Did you go to Henshaw's shop for the earrings? - A. I did not go myself; I caused him to appear at the office.

Q.(To Henshaw). Do you know the person who pawned the ear-rings with you upon the 26th of January? - A. No; but this is the duplicate; it is in the name of Frances Robins.

Q.(To Prosecutrix). Look at that sheet - do you know that sheet to be your's? - A. I do.

Q. Are there any letters upon it? - A. None at all, but it is my own, work, I bought it and made it myself.

Q. Was that part of the things left in your drawers? - A. Yes, it was one of the articles.

Q. Look at the tea-spoon, gown, and curtains? - A. I can swear those are mine.

Q. Now with respect to the cradle-quilt and piece of cotton, are these articles your's? - A. That is a piece of cotton belonging to the gown I have on, and the cradle-quilt is also mine.(Hamilton, the officer, produced a gown and several other articles).

Prosecutrix, These are all mine.

Court. Q. Look at the ear-rings - how do you know them to be the same? - A. By the make of them; I have had them these twelve months.

Q. What is become of your brother, whom you left in charge of your apartments? - A. He lives in Westminster.

Q. Why did you not bring him? - A. I had no orders.

Prisoners defence. I was at the house of the prosecutrix three or four days with Mr. Clark, her brother, and he shewed me a paper, and said his sister had made every thing over to him, and in case he should be called on for rent, that he had toleration to sell every thing, and he asked me if I would go and pawn some things for him; I went and pawned a petticoat, and Mr. Clark, and his wife, pawned several things, to my knowledge; and the things I took to Mrs. Prince, I told her where they came from; and she said, she knew Mrs. Thomas very well indeed; I told her the circumstance that Mr. Clark had related to me concerning Mrs. Thomas making the goods over to him; and Mrs. Prince said, it was no matter if Mr. Clark did sell all the things, because his sister was such an infamous woman, and she deserved it. I never saw the drawers open; the ear-rings which that woman has sworn to are mine; I was with the Marchioness of Abercorn, as nurse to her ladyship, and I gave half-a-crown for them to Mary Stevens, one of the house-maids; I never could pawn them but for a shilling; I never was in the house one night, and I never took any thing out but when they were present; I have no more to say.

Court. (To Prosecutrix.) Q. Now tell us about this paper that the prisoner has talked of? - A.That never was any thing of consequence at all; I had offered them my rent four times over; I told my brother if any body trouble you I will make the goods over to you.

Q. Did you make over to your brother all those articles? - A. No, only a few things in the room.

Q. Did you make over any of those things you have lost? - A. No.

NOT GUILTY .

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

Reference Number: t17990220-32

165. PATRICK QUINN was indicted for the wilful murder of Hannah his wife , on the 2d of February .

Dr. ROBERT- JOHN THORNTON sworn. - Q. Did you see Hannah Quinn before her death? - A. She was a patient of mine: I live in Duke-street, Grosvenor-square; I saw her about a fortnight before her death.

Q. Did you see her after her death? - A. I did not.

Q. Then it is in vain to ask you as to the cause of her death? - A. From her disposition of body, and state of frame, I can form some idea of the probable cause of her death: she had an excess of the monthly courses.

Q. Do you suppose that she had any complaint likely to occasion her death? - A. I think not.

MARGARET BRUCKEN sworn. - I live in Tottenham-court-road: The prisoner and his wife lived in the same place when I first knew them.

Q. Where did they live when she died? - A. In the Haymarket.

Q. How long had they lived there before her death? - A. I cannot rightly tell.

Q. They have been your neighbours, and you were acquainted with them? - A. Yes; I saw her the Sunday before she died, she was poorly, and complained of her head, she died the Sunday following; I saw her again on the Thursday before her death, she was then a little better; I saw her again about two or three hours before she died, she could not speak to me, and had no more feeling than this board.

Q. Did you examine her body after she died? - A. Yes, I washed her.

Q. In what condition did you find her? - A. She had a little black spot upon the back of her hand, and a black mark under her left breast, just as if she was pinched; I saw no other marks about her.

Q. Did you examine her head? - A. No, I did not.

JOHN GALLAGHAN sworn. - I live at No. 23. Wells-street; I follow the market business.

Q. Did the prisoner say any thing to you, at any time, respecting the deceased? - A.Nothing. On Monday the 4th instant, I went to his house, I have known him for years, I heard that his wife was dead; when I went up, I asked who was the doctor that attended his wife in her illness; and he made me no answer; I asked him the second time, and he made no answer; I went down stairs, and enquired who was the doctor that attended his sister-in-law, and they said Mr. Ellis; I went to see for Mr. Ellis, between twelve and one, and when I returned, about two, the prisoner had absconded from the house, and had not been seen there since; I then went to Bow-street, and got an officer.

Q. Did you yourself make any enquiry after him? - A. I did, but I heard no more of him till the Wednesday that he was committed from Marlborough-street.

Cross-examined by Mr. Gurney. Q. What passed after you left the house, and before the prisoner left the house, you do not know? - A. No, certainly I do not.

Court. Q. He never said any thing to you about his wife? - A. Not a sentence.

JANE ALTON sworn. - I live in Jermyn-street: I saw the deceased on the Saturday before she died,

I had seen her the Thursday before that; she complained of her head very much, that she had a violent head-ach; On the Saturday when I saw her again, she said she had a violent head-ach; there was nothing else ailed her that I could see.

Q. Did she say whether she thought herself in any danger at that time? - A. No; I left her about twenty minutes before two, and she desired me to call again; I went again at four o'clock, and saw the prisoner, he said she was very bad in bed; when I had seen her before she was in her business, she had sold a rabbit while I was there; I told him, I wished to go and see her, and he would not let me; he told me not to disturb her, she was ill in bed; I called again about seven o'clock to see her, and still I did not see her; he told me to call the next morning and see her, but I did not, I called again on the Tuesday, and saw her face, and her neck.

Q. Were there any marks of violence? - A. They were black enough.

Q. With bruises, or what? - A. I cannot say how they came there, but they were black; I did not see her body.

Q. Did you observe how she was dressed on the Saturday when you called upon her? - A. In a blue coat, and a silk handkerchief tied round her chin; it was a very good coat, she had not got it above a week, or a fortnight at the farthest.

Q. Did you see that coat afterwards? - A. Yes, it is here.

JOHN WARREN sworn. - I am one of the constables of Marlborough-street: (Produces the coat); I had it from the landlord of the Black-horse, in the Haymarket, his name is Thomas Evans ; the coat is very much torn in the sleeve. (It appeared to be torn up the sleeve, as if there had been a struggle, and the lappel bloody).

Alton cross-examined by Mr. Gurney. Q. He told you, she was ill in bed, and begged you would not disturb her? - A. Yes.

Q. He told you to call the next morning? - A. Yes.

Q. And the next morning you did not go? - A. No.

JOANNA WELCH sworn. - Q. Did you hear the deceased say any thing in the presence of her husband? - A. No.

Q. You did not hear her say any thing when she thought herself dying? - A. No.

Court. Then we must not hear your story.

JOHN CUMMERFORD sworn. - I live in Mary-le-bonne-court, Mary-le-bonne; I follow the green grocery business: I have known the prisoner and the deceased for more than four years; I knew both of them before they were married; he was always an industrious man.

Q. Has he ever said any thing to you respecting his wife? - A. Nothing particular to me, except in her presence. I have heard them dispote and quarrel, but never took much notice of it; I heard him say once, that he was afraid he should be hanged for her.

Q. How long ago? - A. I cannot say, it was before August last; it might be from three to six months before that time.

Q. They were both angry? - A. They were.

Cross-examined by Mr. Gurney. Q. The prisoner is an Irishman? - A. Yes.

Q. And she was an Irishwoman? - A. Yes.

Q. They frequently quarrelled, and were in a great passion? - A. Yes.

GEORGE FOSTER sworn. I am a comb-maker, I live next door to the prisoner, in Hemmings-court, Jermyn-street.

Q. What was the prisoner? - A. In the poultry line , selling sowls and rabbits. The Saturday before Mrs. Quinn died, I saw her walk down the court, about four o'clock, she appeared to be then very well, the same as usual, with a handkerchief tied round her head; I heard some words between them; she desired him to let her in; he replied, no, you vagabond w-e; and soon after somebody came to buy a rabbit or a sowl, and she got in with a customer.

Q. Was that customer a man or a woman? - A. I cannot rightly tell. A little after that, I heard something fall in his house, but what it was, I did not know.

Q. Did you ever hear or see any scuffle between them before? - A. No.

Q. What did the sound resemble? - A. Like some great noise, as if something fell down stairs; it appeared to me to be upon the stairs; a little after that, in about six or eight minutes, I heard the deceased groan very much.

Q. Did you, upon that, offer to go in? - A. No; I did not see her after that; she died about six o'clock.

Q. How do you know when she died? - A.Because I heard the brother and the woman that washed for her, Mary Brucken, all crying.

Q. Did you see the prisoner? - A. No, his brother was there; I did not see any body else there besides.

MARY BARBER sworn. - I live in Hemmings-court, nearly opposite the prisoner; I am a greengrocer: I went to the prisoner's house, about six o'clock on Saturday evening, before Mrs. Quinn died; I had heard of the groans of the deceased, and I went to the house, and found Mr. Quinn sitting by the fire. he appeared to be asleep.

Q.Was he sober? - A. He was sober enough to give me a sensible answer, to all appearance; I asked him, how his wife did; and he told me, she

was very poorly; I asked him, if I should make her a bason of tea and bring her over; he told me, that she never drank tea in the afternoon, and if I made it, she would not drink it.

Q. Do you know whether that was so, had you ever been used to drink tea with her of an afternoon? - A. No, never. As I stood at the bottom of the stairs, I heard her say, in a very low, faint voice, take me up, take me up; she appeared, from her voice, to be in a very low state. I asked him again, if I should make her some tea; and he said, no, she will be better by-and-by, I will not have her disturbed; and then I went away.

Q. You did not offer to go up? - A.No; as he said, he would not have her disturbed, I did not like to make free, and force myself.

Q. Had you known her before? - A. I had known her about four months.

Q. Was she given to liquor? - A. I never saw her but when she was capable of her business.

Q. Would you say she was a sober woman, and would not drink? - A.As far as I know.

MICHAEL LEADER sworn. - I know the prisoner and his wife; I have been acquainted with them about five months; I am a soldier: I saw Mrs. Quinn the Thursday before she died, and there was a man came in and asked her concerning her health; she said, she was very bad with a violent head-ach, occasioned by a fall; that she had fell down stairs; that her hand slipped off the bannister.

Q. Was she a sober woman? - A. I never saw her drink, to my knowledge, in my life.

Q. Did you ever see her at all disguised? - A. No. I have seen her out in the country with her husband, and I suspected her husband took her out for the recovery of her health, for she seemed to be in a very bad state of health.

Cross-examined by Mr. Gurney. Q.From your knowledge of him, since the time you have known him, is he not a humane good kind of man? - A. Yes, very much so.

Q. Did they appear to live happy together? - A. Yes, very much so, in my presence.

JOHN GEARING sworn. - I lived within three doors of the prisoner, when they lived in Tottenham court-road.

Q. Then you did not know any thing about them near the time of her death? - A. Not a sentence.

Q. Did you ever see her disguised in liquor? - A. No; I have known her fifteen or sixteen months, and never saw her the least in liquor in my life.

Q. You know nothing more of this business? - A. No.

Q. Do you know how she and her husband lived together? - A. I thought they lived in an amicable state, I never heard otherwise.

THOMAS EVANS sworn. - I live in Hemmings-court: The morning before Mrs. Quinn died, about ten o'clock in the forenoon, she sent a girl to beg the favour of me to send to enquire the price of some fowls, for Mr. Quinn had shut her out into the court, and she wanted to get in; I did sent, and she got in.

Q. Did you see her again that day? - A. Yes, a little after eleven; she appeared then in her business, the same as at other times, she complained of a pain in her head, in consequence of the severity and coldness of the weather; the first time I saw her was between eleven and twelve, and then a neighbour had bought a rabbit, and said, come in, we will have a glass together, it is cold, and she had a glass. The Coroner sat upon the body, at my house, the Wednesday following; and this coat and bundle were left with me by Mrs. Quinn, the wife of the prisoner's brother, she is not here; but they were in possession of the officer before that.

Q.(To Warren.) Had you the possession of this bundle? - A. No, Kennedy had; he is not here.

SAMUEL HAMILTON sworn. - I am an officer belonging to Marlborough-street: Having heard that the prisoner had absconded, the Magistrate granted his warrant to apprehend the prisoner; I then went to a house in Hemmings-court, to endeavour to find him, but could not hear of him; I went into the Black-horse public-house, kept by the last witness, and, in the back parlour, I saw the undertaker, and the prisoner's brother.

Q. You must not tell us what they said? - A. I observed the undertaker's man, and the bags there, that was on the 8th; I made the best of my way from there to the undertaker's house -

Q.Without waiting for them? - A. Yes. When I got to the house, I enquired of the woman there, if she had any knowledge of the prisoner, as to his being in that house; she said, she did not know, but she would go and see; she went up stairs, I followed, and in the back garret I observed the undertaker's man that I had before left at the Black-horse, appearing warm about the face, and rolling up a bed that laid in the room; I looked into that room, and saw no person but the woman and this man; I then seeing another door open, which led to the front garret, I looked in there, I saw nothing but a child sitting by the fire; but the woman who had answered me below, said, the man that you want, is in that room; glancing my eye to the curtains of a half tester bedstead, I saw the curtain move; I pulled it back, and found the prisoner squatted behind it against the wall; he was without his shoes; I then secured him.

Q. You made the best of your way, you say, to

this undertaker's house - did you go the nearest way? - A. Not the very nearest way, I believe, but the difference could be but very triffling.

Q. Did you attend the Coroner's Inquest? - A. No; the Coroner had then sat.

Q. You saw the body afterwards, did you not? - A. Yes; by the direction of the Magistrate I went to see the body, and had the coffin unscrewed

Q. Did you take any gentleman of the faculty with you? - A. Yes, a Mr. Hanbury, I believe an apothecary; and, I believe, he has something to do with Tothill-fields prison.

Q. Is he here? - A. No; I observed a violent blow on the left jaw, nearly the size of the palm of my hand; another large blow under the right breast; on the left-hand and arm several lesser marks, which appeared as if the hand had been held up; and a discharge of blood from one of the nostrils.

Q.Was this violent blow likely to occasion death? - A.Of that I am not a sufficient judge to guess; what there was appeared to be very violent.

Cross-examined by Mr. Gurney. Q. What you are pleased to call blows, are bruises? - A. Yes.

Q. How they came there you do not know? - A. No.

Q. Mr. Morris, I believe, opened the head, by the direction of the Magistrate? - A. Yes.

WILLIAM MORRIS sworn. - I am a surgeon, in Great Marlborough-street: I examined the body of the deceased.

Q. Can you say, from that examination, what was the cause of her death? - A. I found several marks of violence, but, I think, not such as to occasion death.

Q. Did you particularly examine the head? - A. I did.

Q. Were there any marks about the head which were likely to occasion death? - A. No, except the mark upon the jaw, and that was a small bruise only, and nothing likely to occasion death; I am rather inclined to think it was occasioned by a fit of apoplexy.

Court. Q. I am aware of what Dr. Thornton will give as his opinion; but if there is a difference of opinion among medical men in that respect, and the surgeon who saw the body, and saw the bruises, says he did not think any of those bruises occasioned her death, whatever sense we may have of the bad behaviour of the prisoner in beating his wife, still, if that behaviour did not occasion her death, it is impossible for you to declare this man guilty of the murder. Under these circumstances, therefore, I think we cannot press this case against the prisoner.

NOT GUILTY .

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

Reference Number: t17990220-33

166. THOMAS MILLS was indicted for feloniously stealing, on the 7th of February , twenty-nine yards of swansdown, value 4l. the property of John Quinby , in his dwelling-house .

ROBERT BRADSHAW sworn. - At the time this happened, the 7th of this month, I was servant to Mr. Quinby, draper , opposite Gray's-Inn, Holborn : I was in the back shop, about six o'clock in the evening, the lamps were lit in the shop, I heard a noise which proceeded from the irons that we hang our goods upon at the door, and on looking forward, I perceived a man's hand round the doorpost upon a parcel of swansdown.

Q.Was the door open? - A.It was a little open, just room enough to admit his arm, the swansdown laid upon the counter; I caried out, stop, he immediately snatched them off the counter, and ran off with them across the road towards the corner of Middle-row, I was not five yards behind him; he had ran about forty or fifty yards with five or six yards of swansdown hanging behind him; I saw him drop them; a gentleman of the name of Mason picked up the goods; I returned home with the goods, and Mr. Mason with me, the prisoner was pursued by another person; I saw the prisoner again in five or ten minutes, near the corner of Castle-street, in custody.

Q. Can you undertake to say, that the man you saw carrying the swansdown was the prisoner? - A. No, I cannot; I can only say the prisoner is the man that was stopped; I delivered the swans-down to the officer, who has it in Court.

Q. Can you tell us whether Mr. Quinby carried on business on his own account, or whether he had any partner? - A. He had no partner.

Q.Was the shop part of his dwelling-house? - A. Yes.

Q. It communicated with that part of the house in which his family slept? - A. Yes.

- MASON sworn. - On Thursday evening, the 7th of February, about six o'clock, upon hearing the cry of stop thief, as I was going up Holborn, I perceived a man running with these articles under his arm, four or five yards of it was dragging upon the ground; he was running from Southampton-buildings towards Middle-row; I was running, my foot slipped, it being frosty, upon the curb, or I think I should have caught him; he instantly dropped the goods at my feet, and I picked them up; he ran on past the wheel of a hackney-coach; when I picked up the pieces, I took them to Mr. Quinby's shop, and, in the course of a few minutes, the prisoner was brought in.

Q. Can you say whether the prisoner is that man? - A. From his appearance at the moment of his being brought back I believed it to be the man;

and I believe he is now; he had a black handkerchief round his neck, and a dark great coat on.

CHARLES HARPER sworn. - On Thursday evening, about six o'clock, I heard, at the end of Middle-row, a cry of stop him, stop him; I saw the prisoner at the bar drop something, upon which he ran towards a hackney-coach that was passing towards Fleet-market, he passed as close to me as a person could possibly be; I had a parcel in my hand which I endeavoured to throw at his head, I missed him, and he passed me; then I saw him again, a few minutes afterwards, at Mr. Quinby's.

Q.Did you see Mr. Mason? - A. I saw a gentleman pick up something.

Q.(To Bradshaw.) Who brought him back? - A. I brought him back with the person that stopped him, but I did not know who that person was.

Q.(To Harper.) Can you speak to the prisoner being the man you saw running? - A. He came close to me, and, from the light of three shops, I can undertake to swear that he is the man.

Q. Did you observe his dress? - A. He had a loose coat on, buttoned, and something black about his neck, but what I cannot say.

Q. You do not doubt about his being the person? - A. Not the least.

JOSEPH INWARDS sworn. - I am an officer,(produces the property); I received these goods from Mr. Bradshaw, at our office; I have had the care of them ever since.

Bradshaw. These are Mr. Quinby's property; they had been hung out at the door that day.

Q. How many yards are there? - A. Twenty-nine yards and a half; these were the only two pieces that were lying on that side of the counter.

Q.What is the lowest price of them? - A. They cost two shillings and nine-pence per yard.

Prisoner's defence. On Thursday evening, about six o'clock, going down Holborn, I heard the cry of stop thief, and they laid hold of me.

The prisoner called Mr. Shallcross, his master, and John Smith , his fellow-servant, who gave him a good character.

GUILTY DEATH . (Aged 20.)

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

Reference Number: t17990220-34

167. JOHN JONES was indicted for breaking and entering the dwelling-house of Benjamin-Hirst Newton , about the hour of six, in the night of the 19th of January , with intent the goods in the said house burglariously to steal, and stealing two silk umbrellas, value 40s. and a cloth umbrella, value 5s. the property of the said Benjamin.(The witnesses were examined apart at the request of the prisoner).

BENJAMIN-HIRST NEWTON sworn. - I live at the corner of Great Russel-street, Tottenham-court road : On Saturday, the 19th of January, I was robbed about six o'clock in the evening.

Q. Was it then dark? - A. It was dark, and the shop was lighted up; an opposite neighbour informed me that a man had entered my shop, and taken three umbrellas; I was at that time in the parlour, gone for a candle; the man who came to inform me, and myself, immediately pursued the prisoner, and took him; he had two umbrellas in his arms, and one dropped at his feet at the time; we brought him back to my shop, and I sent for a constable.

Q. Are you sure the property you took from him was your's? - A. I am positive of it; I had them in my hand not two hours before, and had seen them within five minutes.

Q. And they were hanging up in your shop? - A. They were; as we were taking the prisoner to Bow-street, when we got to the top of Little Whitelion-street, Seven-dials, about a dozen fellows came upon us, and one of the party called out to the prisoner, d-n your eyes, why don't you kick; the prisoner at the bar immediately kicked the constable, and gave me a blow across my breast; and some of the party, at that time, knocked down the constable; I seeing the constable in that situation, continued holding him; I was then struck with a bludgeon, which cut my eye very much; I then received another blow upon my shoulder, which knocked me down, and the prisoner was rescued; after they had rescued the prisoner, they came to me a second time, and cut me across the head with a cutlass, or some sharp instrument, that my life was in great danger for some time, and made use of the expression, blast the b-r, I have done him; I was then taken to a surgeon's to be dressed; as soon as I could, I went to the different Police-offices; and having had him in my hands for forty minutes, I identified him as well as I could; I gave information to Mr. Blamite, at Hatton-garden, and in consequence of my information he was detected; they knew him.

Prisoner. Q. I wish to ask Mr. Newton, whether he did not find one of the umbrellas in the grocer's shop? - A. No; he had one under his arm, and the other was under his feet; he endeavoured to throw it down the area, but it did not go down.

BENJAMIN DUDLEY sworn. - I am servant to Mr. Davis, the linen-draper: As I was standing at my master's door I saw the prisoner run away from Mr. Newton's door, and I went after him, and stopped him; he had one umbrella under his arm, and the other was down by him; he had nothing with him when I first saw him.

Q.How far from the shop was it that you took him with the umbrellas? - A. About two hundred yards. (Produces the umbrellas).

Newton. These are my property, they have my initials upon them, they cost me two pounds ten shillings.

Q. Was the shop-door open or shut? - A.Shut; I had just served a customer, and shut it after him, and left it so; it has a spring latch, and I am positive it was latched at that time.

Q. Was the door in that sort of security as when you go to bed? - A. Yes, excepting that it was not bolted.

Prisoner. (To Dudley.) Q. Was there not an umbrella found lying upon the grocer's steps? - A. Yes.

Court. (To Newton.) Q. You lost three? - A. Yes; the two that were found upon him, and the one that was upon the grocer's step; he was upon the step when we took him.

CHARLES SCRANNECK sworn. - I am a parish constable; I was sent for on Friday the 19th, to take charge of the prisoner; as I was going down to Bow-street, Mr. Davis then had the umbrellas, who is not here; and when we got to the Seven-dials, a signal was given by some of the gang, I suppose, to strike; they immediately began to strike, and the man was rescued; the prisoner struck the first blow, and another man knocked me down, but who it was I cannot say; then he got off, but has been retaken.

LEVI OBURNE sworn. - I am a Police-officer; I apprehended the prisoner the second time; that is all I know of it.

Prisoner's defence. I was going to see Alderman Combe's butler, and as I went past Tottenham-court-road, a man threw the umbrellas down close to me, and I was picking them up when they took hold of me.

GUILTY Death . (Aged 23.)

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

Reference Number: t17990220-35

168. JOHN GROVES and GEORGE BAMBER were indicted for feloniously stealing, on the 23d of January , a cotton bed-gown, value 5s. a coloured cotton gown, value 20s. a white gown, value 20s. a white muslin gown, value 20s. a japan white muslin gown, value 40s. a blue silk gown, value 40s. a night-gown, value 2s. a pair of sheets, value 10s. a white petticoat, value 10s. a striped dimity petticoat, value 5s. two under petticoats, value 6s. a muslin petticoat, value 5s. another muslin petticoat, value 5s. three neck handkerchiefs, value 3s. and a pocket handkerchief, value 12d. the property of William Perfect .

The case was opened by Mr. Knowlys.

HENRIETTA PERFECT sworn. - I am the wife of Dr. William Perfect , of Town Malling; I came to town in a chaise on Wednesday morning, the 23d of January, with two portmanteaus before the chaise; they were quite safe when we got to my lodgings, No. 91, in the Strand , about a quarter before eight o'clock.

Q. As you came through the streets of London, did you observe any thing that drew your attention? - A. Yes, three persons standing together near St. Dunstan's church; two of them were like the two persons at the bar; one of them I know is the same; I did not see the face of the other; they were crossing the chaise, and when we went fast they went fast, when we went slow they went slow; when I got to my lodgings there was a great light, and I could distinctly see the face of Bamber; the chaise went past the door, I pulled down the window to call to the postillion, and while I was doing so, the prisoner came back very near the chaise, to my side, as if to hear what I said.

Q. Did you observe what had become of the other two men? - A. No, I cannot say I did.

Court. Q. After you had got to your lodgings, did you see any more besides Bamber? - A. Yes, five or six of the same description.

Q. Did you observe whether the trunk was safe when you got out of the carriage? - A.Perfectly; my house-maid was with me, of the name of Jane Kidwell ; I left two of them in the chaise to watch the trunks; she only stood up to give the parcels out, when the trunk was gone.

Court. Q. Had you gone into your house when you heard the alarm? - A. Yes, I had just got up stairs.

Q. Did you give any intelligence to Bow-street of what had happened? - A. Yes, and the next morning I was sent for to Bow-street, and there I saw two parts in three of the things I had lost.

Cross-examined by Mr. Alley. (For Groves). Q. It was nearly dark when this happened? - A. It was not dark.

Q. As to Groves, you merely say you cannot undertake to swear that he was one of them? - A. I cannot.

Prisoner Bamber. Q. I beg of the lady to look at me again, and see if you are positive I am the person? - A. I am sure he is the person.

Mr. Knowlys. Q. How was he dressed? - A. He had a blue apron on, like a butcher's servant.

JANE KIDWELL sworn. - I was in the chaise with Mrs. Perfect; I saw three men crossing backwards and forwards as we came through Fleet-street, but could not distinguish the faces of any of them.

Q. How were you engaged when you first missed the trunk? - A. I was giving some parcels out of the chaise; I turned my head, and as I got out of the chaise, I missed the trunk.

Q. Did you see the things the next morning at Bow-street? - A. No.

WILLIAM EDWARDS sworn. - I am an officer:

Between five and six o'clock in the evening, within a very short time after the robbery was committed, in consequence of an information, I and my brother officers went in quest of the trunk, to No. 7, Bowl-yard, St. Giles's; we had not been many minutes in the house, before the two prisoners came in; I seized Groves standing behind the door upon this bundle; immediately upon my seizing him, I took him by the collar, and stooped to lay hold of the bundle, and pulled it from under him, and he was very near being down, but I held him up, and he gave me a violent blow, which made my mouth and lip bleed, and loosened one of my teeth; immediately he had done that, he hoped and prayed I would not hurt him.

Q. Before he made use of that expression, that he hoped you would not hurt him, bad you opened the bundle? - A. No, I had not; I did not know who it was till I brought him into the light, and then we discovered it to be the prisoner Groves; I did not take the other prisoner; Limbrick secured him; I locked up the bundle in a place in the house, and took the key with me.

Cross-examined by Mr. Alley. Q. It was dark at this time? - A. Yes.

Q. This is a lodging-house? - A. It is a house with lodgers in it.

Q. There was no light in this place? - A. No.

Q. Do you know who the lodgers in the house are? - A. No.

Q. You found nobody in the passage, except Groves? - A. I found only him.

Q. But there were other persons found there? - A. Yes, Bamber was found there, but not by me.

Q. You not knowing who he was, and he not knowing who you was, he gave you a tap in the face? - A. He gave me a punch in the mouth.

Q. Did you search Groves when he was taken into custody? - A. No.

Q. If you had gone into the house, you might have fell upon this bundle? - A. I should not have been found in such a house with a bundle.

JAMES LIMBRICK sworn. - I went with Edwards to No. 7, Bowl-yard, upon an information that we had received, and after searching the house, I stood behind the street door; Bamber was the first that came in, and I took him in custody; I called out for assistance, and he was secured; I was then come out of the house, and stumbled over this bundle lying before the door in the kennel, just off the foot pavement. (Produces it.)

Q. What induced you to go out of the house? - A. To watch about the door, as we expected more in.

Q. When you had secured Bamber, did he say any thing? - A. No.

Q. How long did you keep him at this house before you took him away in custody? - A.About an hour.

Q. Did any other persons come? - A.Several more, and we took them into custody, the same as we did the two prisoners.

Q. What was done with them? - A. Some were discharged, and some are in custody now.

Cross-examined by Mr. Alley. Q. You did not see either of the two prisoners bring any thing in? - A. No.

Q.Therefore, for any thing you know, it might have been brought in by one of the men who is discharged? - A. I cannot say; several people came in, but we had searched the passage before they came in, and there was nothing there then.

Q. Did you search it yourself? - A. No.

Mr. Knowlys. Q. Was it searched in your presence? - A. Yes.

Mr. Alley. Q. Will you undertake to swear that any of the articles in question were found in that house till after some other persons had come into the house, besides the two prisoners? - A. No.

Mr. Knowlys. Q. Several persons had come in, and the passage was searched after they came in, and there was nothing found then? - A. Yes.

HENRY EDWARDS sworn. - Examined by Mr. Knowlys. I am an officer of Bow-street; I went with my brother officers to this house in Bowl-yard, about a quarter past six; after we had been in the house about five minutes, I heard a scuffle in the passage, and one of the other officers called out for help; I then went and took Bamber out of the hands of Limbrick into the back parlour; I was then coming into the passage again; and I met Edwards and Groves, as he was bringing him into the passage; Edwards set him down in a chair, and then went into the passage for the bundle; we examined the bundle, and found, from the description that had been given, that they were part of the property that we were after; I searched Bamber, and found several little articles that did not belong to the lady.

Cross-examined by Mr. Alley. Q. You did not find any thing upon Groves? - A. No; but I can positively say that I was in the passage with a light, not a quarter of an hour before, and there was nothing in the passage.

Q. You were not the first person that apprehended one of the prisoners? - A. No.

Q.Therefore, that person would be more likely to know who came in first? - A. Yes.

Q.Several persons had come in before the two prisoners? - A. No, only a man with a crane.

Q. Then he might have taken the bundles there? - A. No, he was secured before; we searched the passage, and we put the crane up against the door

where this bundle was found; it was an hour afterwards that the other people came in.(The two bundles were produced, and the property deposed to by Mrs. Perfect; the property was also deposed to by Elizabeth Longhurst ).

Groves's defence. I was going by this place in Bowl-yard; there is a blacksmith's shop underneath; I had asked him in the day time to mend an old sender for me, and he desired me to call in the evening, which I did; and when I called in the evening, I was laid hold of by these gentlemen.

Bamber's defence. I went into this shop, knowing it to be an iron shop, I wanted a key for a padlock; I knocked at the shop door two or three times; finding nobody answered, I went to the side door, and when I got into the passage, I met a parcel of men coming out; I stepped back, to let them come out, and they laid hold of me; I am innocent of it; I told the gentleman that laid hold of me, the same, that I was going to buy a key.

Q.(To Limbrick). Did Bamber say he wanted to buy a key? - A. No such thing; he did not say any thing.

Groves, GUILTY (Aged 21.)

Bamber, GUILTY (Aged 17.)

Transported for seven years .

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

Reference Number: t17990220-36

169. WILLIAM BENNET was indicted for feloniously stealing, on the 2d of February , a black mare, value 5l. the property of William Siborne .

WILLIAM SIBORNE sworn. - I am a farmer , at Lewisham, in Kent; On the 2d of February, my servant had been out with a team, and when he came home, he told me, the next morning, between seven and eight o'clock, that he had lost a horse.

- GABLE sworn. - I am servant to Mr. Siborne; The last time I saw the horse was in Mr. Clark's stable, in Whitechapel , about one o'clock, on Saturday, the 2d of February; I saw it again on Sunday evening, between five and six in the evening, at Mr. Simmons's yard, in Whitechapel, and I took her home to Lewisham; I am sure it was the same mare, my master bred her; her near foot behind was white, and her fore feet were white, and she had a lump under her belly on the left side; I have no doubt of her being my master's mare. I saw the prisoner Mr. Clarke's stables, and he asked me which were my horses, and where I came from; and I told him.

Q.Did you observe him enough to be sure that the prisoner is the same man? - A. Yes, I am; I saw him at a Public-office, down Red-lion-street, Whitechapel, the Thursday following.

ALLEN PARSONS sworn. - I am a salesman in Whitechapel: On Saturday, the 2d of February, Mr. Siborne sent me a load of hay, between one and two; I went to the lad, and told him his hay was sold, and he must get his horses up, and he missed one of them; I went down the yard, and found the harness, but not the horse; I searched every where, and made enquiries, but to no purpose. On Sunday I went to the Ducking-pond, in Mile-end, there I saw Mr. Monk; he asked me if I had lost any thing; I said, I had lost a horse; he said, he thought so, for he had had two brought to him; she was not in the slaughter-house; I soon afterwards saw her in the stable, and Mr. Monk's man took her to Mr. Simmons's yard, in Whitechapel; I saw her taken there; her fore feet were white, and her near foot behind, and she had a lump under her belly, on the left side. I had seen the prisoner on the Tuesday and Thursday; he used to come up with farmers' teams.

- MONK sworn. - I am a scavenger and horse-boiler; The prisoner brought me a horse the beginning of January last; he said, he lived servant with Mr. Brockhurst, of Hornchurch; he said, his master had two cast off horses to dispose of, and that he had desired him to call upon me, to know what price I gave for them; I told him, they were very low now, we did not give more than from eighteen to twenty-five shillings a piece for them. He called upon me again on the 2d of February, in the forenoon, about eleven or twelve o'clock; he wanted to know if the lad had not left a horse there; I live at the Ducking-pond, Mile-end; I told him, no; then he said, the stupid blockhead had gone with it all the way to Covent-garden market, and he must leave it as he comes back. In the afternoon, the prisoner returned, leading a mare in his hand; it was an old black mare with a long tail; it had a white foot behind, and white fore feet, and under its belly a lump; he wished me to settle with him directly, for his waggon was gone on a-head; I then paid him twenty-six shillings, and two shillings for himself; he was very particular in having a note back for his master; he said, it did not belong to his master, but to a widow, of the name of Robinson, at Hornchurch; the prisoner gave me his name as John Tower; I gave him this note which I hold in my hand; he said, he was going to call at the Artichoke, in Mileend; I went there with him; he wanted to know if he was not to have something to drink; and just before we got to the door, he said, I can only have a glass, and be off, for my waggon is gone on ahead; I said, no, we will have no drams, we will have something else; I then had an opportunity of speaking to Mr. Beck, who keeps the Artichoke; and, in consequence of what he said, I called the prisoner into a little back room, and told him, I

thought he had not come honestly by the mare, and I would have nothing to do with it; he said, I had no occasion to be afraid of that, it was Mrs. Tomkins's mare, and he drove Mrs. Robinson's mare; I told him, I doubted it, and he gave me the money back again, note and all, except the two shillings; he said, his master should call for the money; I stepped out to get Mr. Beck to assist me in apprehending the prisoner; and while I stepped on, the prisoner absconded; I looked about the yard and the premises, but could not find him; I heard that he had gone down the road at the rate of ten miles an hour; I made all the enquiry I could to find an owner. Mr. Parsons came to me on the Sunday, and I sent my lad with Mr. Parsons and the mare, and I have not seen her since. On the Monday, a man came to me and demanded the money, not the prisoner, I had him secured, and from him I learned where to find the prisoner; and he was taken up on Monday, the 4th of February, on the other side of Stratford. I am sure the prisoner is the man.

JOHN COOMES sworn. - On Monday evening, the 4th of February, I went with Monk and his brother, to Stratford, and apprehended the prisoner between six and seven in the evening; he confessed he had taken it.

Q. Had you made him any offer of favour, or threatened him? - A.Neither.

Prosecutor. I am sure the mare that I afterwards saw was mine.

Q.(To Monk). What is the value of the horse? - A.If it was in market, I don't know that she would fetch above forty or fifty shillings.

Prisoner's defence. I was from half past eleven till two, at the Neg's-head, and going home, I saw this horse, and a parcel of boys pelting it with snow-balls and stones, and some people said, it belonged to Mr. Monk; and I led it home to Mr. Monk's, and Mr. Monk desired me to take it over to the yard; and there I left her, and went about my business.

GUILTY Death . (Aged 35.)

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

Reference Number: t17990220-37

170. HUGH CAMPBELL was indicted for forging and counterfeiting, on the 17th of January , a certain receipt for 13l. 11s. with intent to defraud James Russel and Robert Russel .

Second Count. For uttering and publishing the same as true, with the like intention.

And two other Counts. Laying it to be with intention to defraud Benjamin Sinclair .

The case was opened by Mr. Knowlys.

ROBERT RUSSEL sworn. - Examined by Mr. Knowlys. Q.Where is your office? - A.No. 54, Frith-street, Soho.

Q. Is your uncle, James Russel , partner with you? - A. Yes, in some instances, but not all; my uncle is the agent.

Court. Q. Your uncle, James Russel, is the agent? - A. He is property the agent; I reap no emolument, and I am not responsible; my name is in the power of attorney.

Mr. Knowlys. Q. Did you ever see the prisoner at the bar? - A. I have seen him four times; The first time I saw him was on the 11th of January last; he called at my office, and represented himself to be an officer of the first battalion of Rothsay and Caithness Sencibles; this was about three o'clock in the afternoon; he told me, he had come to town to settle some matters relative to a deceased relation in India -

Prisoner. I wish to ask the gentleman, whether he does not recollect I was in a deranged state of mind at the time? - A. The prisoner did not appear to me to be so; he said, that he wanted some money; he had been some time in conversation with my uncle, previous to my coming into the office.

Q.When he said, he wanted some money, what followed upon that? - A. We paid him a month's pay, as to ensign Sinclair; I understood, from my uncle, when I came into the office, that this was ensign Sinclair.

Q. What sum did you pay him? - A.Seven pounds four shillings and eight-pence, by a draft on Messrs. Coutts and Co.

Q. Had you, at that time, any receipt given you for that sum? - A. I had; I advanced it to ensign Sinclair, as a month's pay.

Court. Q. He gave a receipt? - A. Yes.

Mr. Knowlys. Q. Did you, after that, see the prisoner again? - A. I saw him again on the 17th of the same month.

Q.About what time? - A. From the hours of twelve to one o'clock.

Q. What did he say to you? - A. He said, on the 17th, that some mistake had been made in the money that had been paid him.

Q. Did he explain what that was? - A. He remarked, that the pay-master had been in the habit of paying him more for a month's subsistence; I then recurred to the receipt, and made a calculation of the pay, and said, it was perfectly right, as ensign; he then said, he was lieutenant Benjamin Sinclair.

Court. Q. Was the former receipt signed, Benjamin Sinclair ? - A. Yes. I then apologized for the mistake, and said, we would pay him the difference.

Mr. Knowlys. Q.What did the difference amount to? - A. One pound, eleven shillings. He still said, he should want a few guineas more, as he was go

ing to join the regiment in a few days; and the further sum of six pounds, six shilling and four-pence, was paid him, in addition to the money I had paid him before, that made altogether thirteen pounds eleven shillings.

Q. How did you pay him the remaining money? - A. It was paid in cash. I then proposed to the prisoner, to cancel the former receipt, and give me a receipt for the whole sum; the prisoner assented, and I handed him the former receipt, which he tore, and threw into the fire; he then gave me the receipt which I now hold in my hand. (The receipt could not be read, on account of its bad writing).

Court. Q. Is that the name of Robert Russel? - A. I signed it; the body of the receipt is in my hand-writing, the signature only is his.

Court. It must be left to the Jury, it is bad writing. - Gentlemen, what he means, is, that he did belong to the Rothsay and Caithness sencibles.

Court. Q. How come you to give credit to this young man, when he came and told you, you had made a mistake? - A. After my uncle had granted the first sum, I had not a distant suspicion but that he was the person he represented himself to be, lieutenant Benjamin Sinclair .

Prisoner. I would submit whether, if I had been in a right state of mind, that I should have applied to him again to tell him of this mistake?

JAMES RUSSEL sworn. - I am agent to the Rothsay and Caithness sencibles.

Mr. Knowlys. Q. Did you see the prisoner at the bar? - A. Yes, I think I did.

Court. Q. Are you sure? - A. I cannot positively swear he was the person I paid the money to.

Mr. Knowlys. Q. What time of the day did that person come to you, and what day? - A. It was upon the 11th of January, between twelve and three o'clock; I cannot exactly tell.

Q. What business did he come upon? - A. He came to me, and told me he was an officer belonging to Sir John Sinclair 's first battalion of Rothsay and Caithness Fencibles, and that he was come up to London upon some business that he was concerned in, in the East-Indies, and he wanted some money; I asked him some questions about some gentlemen, and he told me, his name was Benjamin Sinclair .

Q. Did he tell you what commission he bore in that regiment? - A. He did not mention the particular commission; I knew that there was a Benjamin Sinclair in that regiment, whom I had never seen, and I imagined that that Benjamin Sinclair was an ensign only. I sent for my nephew, Mr. Robert Russel , in a little office I have, and I desired him to make out a draft for a month's pay; he drew a draft on Messrs. Coutts and Company, and I signed the draft; that was on the 11th of January; he came back on the 17th, and told me that I had been guilty of a mistake, that I had paid him a month's pay only, as an ensign, whereas he was a lieutenant; I then sent for my nephew, and desired him to look into my book, and I found that Benjamin Sinclair was a lieutenant, and not an ensign.

Court. Q. What book did you look into? - A. My ledger, as agent for that regiment; I then told him we must pay him the difference between lieutenant and ensign, which was a shilling a day; of course it was thirty one shillings.

Q. Was he paid that thirty-one shillings? - A. Yes; then he applied to me for six guineas more, as his business had detained him longer in town than he expected; and he wanted six guineas more, as he was going to his regiment.

Q. Did you comply with his request? - A. I certainly did, he gave such a good account of himself.

Q. What money had he? - A. The two sums put together, made thirteen pounds eleven shillings; as he told me he was going to join his regiment, I had some commissions to officers abroad, and I requested him to take them to save postage; he undertook to deliver them.

Q. Was there any receipt given for the money you paid him? - A.There was; first a receipt for one month's pay, as an ensign, that was on the 11th, and that receipt was cancelled, and we took a general receipt for the whole. (The receipt produced.)

Q. Is that the receipt? - A.Certainly it is.

Prisoner. Q. In what manner did I ask you for the money? - A. You asked me as Benjamin Sinclair , an ensign in Sir John Sinclair's regiment; you did not tell me at first that you were a lieutenant; you came back on the 17th, and said I was guilty of a mistake, that you was a lieutenant, and ought to be paid as a lieutenant.

Prisoner. Q. What state of mind did I appear to be in - did I appear to be in a deranged state of mind or not? - A. Not in the least; if you had been in a deranged state, you could not have managed your matters as you did.

Jury. Q. You gave a check on Mr. Coutts? - A. Yes.

WILLIAM CHERLTON sworn. - I am one of the clerks in Messrs. Coutts's house - I am cashier.

Mr. Knowlys. Q. Have you a draft of the 11th of January, for seven pounds four shillings and eight-pence? - A. I have.

Q. Was that paid? - A. Yes, I paid it myself; but I don't know to who. (The draft produced.)

Q.(To Robert Russel .) Is that the draft you gave on the 11th of January? - A. Yes it is.

Q.(To Cherlton.) Was that paid on that day? - A. Yes.

Ensign ALEXANDER SUTHERLAND sworn. -

Mr. Knowlys. Q. Are you an ensign in the Rothsay and Caithness Fencibles? - A. Yes, in the first battalion.

Q. Do you know Benjamin Sinclair belonging to that regiment? - A. Yes, very well; I have been acquainted with him about eight months.

Q. Will you look at that man at the bar, and tell me whether he is Benjamin Sinclair ? - A. No, he is not.

Court. Q. Is he like him? - A. Not at all.

Q. Do you know where Mr. Sinclair was on the 11th of January? - A. I believe he was in Sutherland on the 11th of January last; I have had no correspondence with him.

Q. Did you ever see the prisoner at the bar before? - A. No.

FRANCIS KING sworn. - I keep the Blacksmith's-arms Tavern, Lower East-Smithfield.

Mr. Knowlys. Q. Do you know the prisoner at the bar? - A.Perfectly well.

Q. When did you first become acquainted with him? - A. On the 6th day of last December; he came to my house in one of the Berwick smacks, and remained there till the 24th of December, the day before Christmas-day.

Q. By what name did he pass during the time he was at your house? - A.Lieutenant Hugh Campbell.

Q. Did he appear to you to be a man in his right mind? - A.Perfectly so; while he continued at my house, perfectly right.

Q. Did you ever hear him give any account of himself, who he was? - A. No, I never did.

Prisoner's defence. I cannot contradict any thing, because my state of mind was such; I have endeavoured to procure some certificates from houses where I have been in that state of mind.

Court. Q. Have you any witnesses to prove you have been in that state? - A. I am a perfect stranger; I was in that state roving from one place to another.

GUILTY Death . (Aged 22.)

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

Reference Number: t17990220-38

171. SAMUEL CHAMPNESS and ANN MACDONALD were indicted for breaking and entering the dwelling-house of John Dearding , about the hour of eight, in the night of the 14th of February , with intent the goods in the said house burglariously to steal, and stealing therein a man's waistcoat, value 2s. a pillow-case, value 2d. a child's shift, value 1d. and a cotton handkerchief, value 6d. the property of the said John.

ISABELLA DEARDING sworn. - I am the wife of John Dearding, tobacco-pipe maker , Peter-street, Westminster : On the 14th instant, my house was broke into, I work at the same business with my husband; I went out in the morning about five o'clock, and locked my parlour-doors and windows, there were two lodgers in the house; I left the street-door upon the latch, but not locked; our usual hour of leaving work is at nine o'clock, the shop where we work is only across the street; when I came home, with my two children, the door was broke open, and my chest broke open, and I found every thing in as distressed a situation as could be; we were stripped of every thing we had in the world but what we stood upright in, and all my children's clothes were gone; my husband's waistcoat was gone, a check cotton handkerchief, a child's shift, and a pillow-case, and a great number of other articles; the articles in the indictment I have since found, in the possession of the officer, James Bly; I never saw the prisoners.

MARGARET TAYLOR sworn. - I lodge in Mr. Dearding's house: I came home at seven o'clock, and found the doors fast, the street-door was on the latch, I latched it again; I came down stairs half an hour after that, and found all fast; then I heard no more of it till I heard the alarm that the place had been robbed.

JAMES BLY sworn. - I am constable of St. John's, Westminster, and attend occasionally at Bow-street: On the 15th of this month, about seven o'clock in the evening, I was sent for to a pawnbroker's in Strutton-ground, Mr. Brown's; I went, he had stopped a woman, not the prisoner, with a pair of stockings; in consequence of what passed then, I apprehended Champness in Duck-lane, at a public-house; I then took him to Tothill-fields, and went to enquire where he slept the night before; I searched a room in Duck-lane that I under stood belonged to Macdonald, and behind the bed's-head I found these articles concealed, they are very mean things, which led me to suppose they might belong to Champness; I enquired in the neighbourhood, and found that Mrs. Dearding had been robbed; I went, and she claimed them; I know nothing more against Champness but his own confession before the Magistrate.

Mr. Knapp. Q. Was not that taken down in writing? - A. I cannot say, I believe not; they very seldom do take down confessions.

Q. Will you undertake to swear it was not? - A.No.

Mr. Knapp objected that the witness ought not to be permitted to give evidence of that confession, but it was over-ruled by the Court.

Court. Q. Before the Justice what did the prisoner say - in the first place, was he advised or threatened? - A. No; the prisoner Macdonald was offered, if she would say, honestly, where the rest of the things were gone, she might be admitted an

evidence, and she refused; but I heard nothing of the kind to Champness. Just as he was going from the bar, having told the Magistrate he had found those things in the street, he desired that the Magistrate would not accuse Macdonald, for she was innocent of every thing; he admitted that he had brought the property to her, and that he had found them in the street.

Champness's defence. I did not say that Macdonald was innocent; I alluded to the woman that went to pledge the stockings, I said I had given her them to pawn. Both NOT GUILTY .

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

Reference Number: t17990220-39

172. HARRIOT THOMPSON and JOHN ROCKALL were indicted, the first, for feloniously stealing, on the 16th of January , 20,000 brass chair-nails, value 4l. and 200 yards of girth web, value 20s. the property of William Shaw ; and the other, for receiving the same knowing them to have been stolen .

WILLIAM SHAW sworn. - Between the 22d of December and the 13th of January, there were twenty thousand brass nails, and some girth web, taken out of my shop; the prisoner, Thompson, came to my shop, and said, she wanted these things, that they were for Mr. Elliot; I gave orders that she should be served with them.

Q. Was Mr. Elliot a customer at your shop? - A. He was not a customer; but we had sent the day before to Mr. Elliot soliciting his custom.

Q.Therefore you delivered them to her for Mr. Elliot? - A. Yes; every time she came, she came in the same name.

Q. Did you put them down in your book to Mr. Elliot? - A. Yes.

Court. Then there must be an end of it. - Gentlemen of the Jury. This appears to me to be a fraud, but certainly not a felony; she comes under false pretences, saying, that she comes from Mr. Elliot, whose custom he had solicited, and he enters them in his book to Mr. Elliot, and therefore the prisoners must be both acquitted; is Mr. Elliot here?

Prosecutor. Yes, my Lord.

- ELLIOT sworn. - Q. Did you give this woman orders for these goods? - A. No.

Both NOT GUILTY .

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

Reference Number: t17990220-40

173. JOHN PURDY was indicted for being found at large before the expiration of the term for which he was ordered to be transported .

THOMAS SIMPSON sworn. - I am servant to Mr. Kirby: I was at the bar at the time the prisoner was convicted in July Sessions, 1797, for house-breaking; he staid in Newgate from July to December.

Q. Are you sure of his person? - A. Yes; I know the man perfectly well, (produces a copy of his conviction); I saw Mr. Shelton sign it. (It is read.)

JOHN WHEATLEY sworn. - I am a constable of the county of Nottingham; I went in search of the prisoner for four burglaries committed in Nottingham, and he was apprehended while I was in search of him in the parish of St. Mary, in the town of Nottingham; when I first saw him he was in the jail; I brought him here by order of the Duke of Portland, and delivered him at Newgate on the 15th of January.

JOHN BARTLEY sworn. - The prisoner at the bar made his escape from the hulks at Langston Harbour on the 24th of June, 1798 , that is the day that is on the log-book; the deck was cut through, and they had got in the hold, and went to the after-part of the ship to the gun-room, and made their escape out at the gun-room port between three and four in the morning, to the best of my knowledge.

Prisoner. What he says is very true about my getting away, but I did not cut the decks.

Prisoner's defence. The means that I got away was, two more men got away at the same time, and they asked me if I wished to have my liberty; I said I did, for it was a place of sad distress; there was not victuals enough for any man to live upon by any possibility.

GUILTY Death . (Aged 41.)

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

Reference Number: t17990220-41

174. CHARLES PANCUTT, alias GEORGE PANTON , was indicted for feloniously stealing, on the 17th of January , forty-two pounds weight of metal, value 6s. the property of William Braithwaite the elder, William Braithwaite the younger, and John Braithwaite .

WILLIAM BRAITHWAITE , sen. sworn. - I live in the New-road, Tottenham-court-road ; I am an engine-maker : About the 15th or 16th of January I missed some metal; I saw the prisoner take it to sell; he had worked for me as a labourer about ten days, and during that time I lost the metal; it was solder.

DANIEL PACKER sworn. - I am a tin-plate worker, No. 18, Tottenham-court-road: On the 17th of January, between six and seven in the evening, the prisoner at the bar came into my shop; and asked me if I bought lead; I told him I did; he brought this piece to me, he said, it weighed eight pounds; I took his word, and gave him

three halfpence per pound, which made one shilling; on the evening following he brought these two pieces; I had a suspicion of their being stolen; I asked him where he brought them from; he told me a young man gave them to him to sell for him; I asked him where the young man was; he informed me in Warren-street; I desired him to fetch the young man to me, and I would ask him a few questions concerning the metal, and he went out of the shop as I supposed to fetch the young man, but never returned till the 24th, when I asked him where the young man was, he told me the young man was gone away two shillings in his wife's debt for washing for him; I then asked the prisoner where he lived; he told me, by the waterside; I asked him his master's name, he would not inform me; I then had a suspicion that he had stolen the metal himself; I sent for an officer, and had him taken into custody; in going down to the office, the officer had questioned him where he lived, and he had informed him he lived with Mr. Braithwaite; when I found he worked with Mr. Braithwaite, the officer, myself, and Mr. Braithwaite, went to his wife's room, No. 8, Fitzroy-place, and examined it; we did not find any thing material, except three pint pots that were hid in a closet.

Q. What is that, lead or solder? - A. I do not know; I have asked a great number of people who deal in metals, and they cannot tell; for my own part, I think it is lead.

Q. That large piece is a pig, is it not? - A. Yes, and that gave me the suspicion.

Q. Is that lead or solder? - A. I cannot say whether it is lead or any other metal.

ANDREW TAYLOR sworn. - I am a patrol belonging to Bow-street; I took the prisoner into custody, and as I took him down to the office, he told me he worked for Mr. Braithwaite; at first he told me he worked by the water-side; I had asked him if he did not work for Mr. Braithwaite, as I thought I had seen his face about that quarter, and he denied it; then he begged of me to go to his wife, and inform her where he was.

Q.(To Braithwaite). Look at that lead? - A. The two small pieces I know nothing about, but the large piece I missed; it stood by four or five pieces of the same kind.

Q. What do you call it? - A. A pig of solder, or an ingot of solder, it does not signify which.

Q. Is there any particular mark upon it? - A. I knew it as I should the features of one person's face from another.

Q. Were not all these pieces cast in the same mould? - A. They are cast in an open sand.

Q. Is that the common shape and figure of your pigs of solder? - A. They were of the same form, but the rest were all larger; I am certain this is the one I missed.

Q. How many were there besides? - A. Four or five.

Q. If you do not know whether it was four or five, how do you know you missed one? - A. I am not certain whether there were four or five that were along with these, but I can swear to this as being taken from my shop; the others were all of a size, and as big again as this.

Q.Where were these cast? - A. At St. Alban's; I bought them about a week or eight days before of a plumber's son, whose father died a few weeks before.

Prisoner's defence. We never went away from work till seven o'clock, and the gate was always shut, and a man at the gate to see who went in and out; it would have been impossible for me to have taken out such a piece.

Prosecutor. The gate is never locked; I have sixty men, and they can go in and out without any body attending at the gate.

Q. Who are your partners? - A. William Braithwaite and John Braithwaite.

GUILTY (Aged 37.)

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

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

Reference Number: t17990220-42

175. CHARLES BROWN was indicted for feloniously stealing, on the 17th of January , twelve shillings in monies numbered , the property of Richard Bracewell .

There being no evidence to affect the prisoner, he was ACQUITTED .

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

Reference Number: t17990220-43

176. JAMES BROUGHTON was indicted for feloniously stealing, on the 15th of January , 2400 halfpence , the property of Thomas Bentley and Thomas Grace .

Second Count. Laying them to be the property of John Woolley .

JOHN WOOLLEY sworn. - I am a carman ; I was sent to Mr. Jones, of Kent-street, after ten pounds worth of copper; I had them tied up in two parcels, five pounds in each, in a cart, and just as I had got through Temple-bar -

Q. Where were you going? - A. To Essex-street, in the Strand , and from there to Chelsea, James Broughton came behind the cart; he drew them to the top of the tail of the cart, and the weight of them made them break right in two across the tail ladder, and the string that they were tied with was so, that he could not pull them away; I

turned my head round, and saw him in the act of pulling them; as soon as I turned my head, he stepped upon the pavement from the tail of the cart; then I stopped the horse, jumped out of the cart, and he ran up Devereux-court; then I called out, stop thief, and followed him; he was stopped by a gentleman at a gate that leads from Devereux-court into the Temple; this gentleman held him till I came up; I took hold of one side of him, and the gentleman took hold of the other; then we brought him back to the tail of the cart, halfpence were then hanging as I have de they were in twenty five-shilling papers, and a large sheet of brown paper over that; then we took him down to Essex-street, and the cart with us, and I told the black servant to take care of all the halfpence that were in the cart, and then we took him to Bow-street.

Q. Are you sure that the man that was stopped was the man you saw at the tail of the cart? - A. Yes.

Q. Did you lose sight of him? - A. No, except while he turned the corner; when he got to the tail of the cart, he said, what have you lost, have you lost any thing?

Q. In what part of the cart were the halfpence placed? - A. About a foot and a half from the tailboard.

Q. And you knew that they contained halfpence before they were broke? - A. Yes.

Cross-examined by Mr. Knapp. Q. You were sent to Mr. Jones's - What is Mr. Jones? - A. An oilman.

Q. Who are you servant to? - A.Messrs. Bentley and Grace, turpentine manufacturers, at Chelsea; and we have an accompting-house at Essex-street.

Q. So you were to go to Jones's for halfpence? - A. Yes.

Q. When you received the halfpence, I take it they were ready to be delivered to you? - A. Yes.

Q. And were put up in parcels before you saw them? - A. Yes.

Q.Therefore, whether they contained halfpence or not, you cannot tell? - A. I had a note with them that they contained 10l.

Q. But you had not an opportunity of seeing that before you came from Jones's? - A. No, the 5l. that was opened was halfpence.

Q. How do you know that? - A. From what my master says, and I myself saw two five shilling papers that were broke, they contained halfpence.

Q. Where were you? - A. Sitting in the middle of the cart.

Q. Could the prisoner, standing upon the ground, have got at them? - A. No, not without springing up; but I saw him up upon the tail of the cart pulling the halfpence through.

Q. You did not lose sight of him? - A.Not more than half a minute.

Q. There were a great many people walking down the Strand? - A. But nobody in Devereux-court.

Q. But there were a great many people walking in the Strand? - A. Yes.

GEORGE- HENRY MORTIMER sworn. - I am an attorney: On the 15th of January, a little after six, I was going to our office in Essex-street, and, waiting for one of the clerks, I was going into the Temple, and heard a cry of stop thief; the prisoner ran against me, and I collared him; he begged of me to let him go; at that moment the carter came up, and told me the prisoner had attempted to rob his master's cart of some halfpence; the prisoner then said, sir, I have taken nothing, ask him if he has lost any thing; we then led him up to the cart, to the end of Devereux-court, opposite Twining's, and, through the rail of the tail-board, of his cart, there appeared to be a package of halfpence burst at one end; we then took him down to Bentley and Grace's house, in Essex-street; when I got him back from our own office, and put in the whole of the halfpence that I could find in the cart, we then went away with him; he wished to go up through the court, and I insisted upon his going through the public streets; at Somerset-house he remarked that there were some young men round him that he knew, upon which I grasped him tighter, and he immediately attempted to get from us; he threw himself down, attempting to pull me upon him; I let him go, instead of struggling with him, and we kept off the people that were wanting to get round, and some gentlemen, who came to my assistance, helped to convey him to Bow-street; among the people that surrounded us, he pointed out two or three that he knew, and I was apprehensive we should meet with some damage; after he was at Bow-street, I went down to Bentley and Grace's, where I found the halfpence tied up in the same manner as I had left them in the bag; I opened several of them with my knife, to see what they contained, and I found 1s. 11d. missing out of two packages; they were tied up in five shilling papers; he had an offer to go for a soldier, and we did not know that he was not gone till just the beginning of the Sessions; the masters would not prosecute, and they have left it upon this poor man to be at the expence of it.

Q.(To Woolley). What are your master's names? - A. Thomas Bentley and Thomas Grace.

Q. Are there any other partners? - A. Not that I know of.

Prisoner's defence. I was going into Garden-

court, in the Temple, from the Magpie and Stump, in Butcher-row, through Devereux-court, and this gentleman stopped me, I was not near the cart.

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

GUILTY (Aged 22.)

Transported for seven years .

Tried by the first Middlesex Jury, before

Mr. COMMON SERJEANT.

Reference Number: t17990220-44

177. JANE PATTERSON was indicted for feloniously stealing, on the 5th of February , a copper pocket-piece, value one halfpenny, a steel thimble, value 1d. and three guineas , the property of Joshua Glover .

JOSHUA GLOVER sworn. - I am a tailor , No. 16, Great Shire-lane: On the 4th of this month I went to the wedding of an acquaintance of mine, and sat till a latish hour, and as I was coming home, I met with the prisoner at the bottom of the court that she lives in; I went home with her; she lives in Maypole-court, East Smithfield ; I asked her if she had any body lived with her; she said, she had not; then she asked me what I would give her to stop, and I told her I would give her half-a-crown, then she agreed to it; I undressed myself and went to bed; then she wanted to put the fire out, she did not like to go to bed till she saw the fire out; being in liquor, I went to sleep before she put the fire out; I waked some time in the night, there was nobody near me, I found I was not at home; I felt for my money, but that was gone; she came back again a little before six o'clock, very much in liquor, and abused me and mobbed me very much; she wanted half-a-crown; I told her I had not got a penny, much more a half-crown; I told her if she stopped till I got up, I would give her half-a-crown, and while I was dressing myself she went down stairs again; I went down stairs myself afterwards; I went to the bottom of the court, and there I met her again; I asked her for the money she had taken from me; she said, she would not give me any, she had got none; the watchman just came by at the same time; I gave charge of her; she was put into the watch-house and searched; we found a pocket-piece and a thimble that I could swear to.

Q. You were very drunk? - A. Yes; she made me shew her the money before I went to bed; I had three guineas.

Q. No silver? - A. No.

Q. How were you to pay her? - A. I was to give it her in the morning.

Q. Are you sure you did not give her the three guineas for three shillings? - A. I am sure of that.

JOHN SKAISLEY sworn. - I am a watch-house keeper: The prisoner was brought to the watch-house on the 5th of February, I searched her and found this pocket-piece, and this thimble, (produces them); she had a shilling and some halfpence, but I did not take them from her; then I went to her lodgings, No. 6, Maypole-court, up two pair of stairs; the watchman went first, and as I was going into the passage, she slipped half-a-guinea into my hand to let her go; when I got into the room, between the bed and the sacking I found this guinea; I brought her back to the watch-house, and took her before a Magistrate. (The thimble and pocket-piece were deposed to by the prosecutor).

Prisoner's defence. The half-guinea I gave the watchman was my own; he put the thimble and the pocket-piece upon the table, and I was foolish enough to put them into my pocket; he was very much in liquor.

For the Prisoner.

ISABELLA NICHOLS sworn. - My husband is a sea-faring man.

Q. What is the prisoner? - A.She was a servant; I have known her four years, she kept a house beside me, and kept a green-stall.

Q.What was she in February? - A. In service.

Q. Not in February? - A.She has not been for six months in our neighbourhood.

Q. Did she live servant with you? - A. No; she kept a house when I knew her, and kept a greenstall.

MARGARET CHAPMAN sworn. - My husband is a master cooper: I have known the prisoner fourteen years; I have not known any thing of her for the last six or seven years; before that time she was a very honest girl.

NOT GUILTY .

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

Reference Number: t17990220-45

178. JOSEPH BAZELEY was indicted for feloniously stealing, on the 18th of January , a Banknote, value 100l. the property of Peter Esdaile , Sir Benjamin Hammet , Knight , William Esdaile , and John Hammett .(The indictment was opened by Mr. Knapp, and the case by Mr. Fielding).

WILLIAM GILBERT sworn. - Examined by Mr. Knapp. I am a grocer, I live in Commerce-row, Blackfriar's-road.

Q. Do you know a person of the name of George Cock? - A. Yes, I do.

Q. Did you give, on the 18th of January last, to Cock, any money to carry to your bankers? - A. Yes; I gave him 137l. composed of 122l. in Bank-notes, and the rest in money.

Q. Do you recollect what the particular Banknotes were? - A. I believe one of them to have

been a 100l. Bank-note, but I did not make any particular memorandum; the others were small notes of one and two pounds.

Q. Do you recollect from whom you had got that rool. Bank-note? - A. I had exchanged it for Dr. Peers that same day.

Q. Do you recollect if there was any indorsement upon that note? - A. I recollect, very well, Dr. Peer's name was written upon it.

Q. Who are your bankers? - A. Sir James Esdaile's.

Q. Have you seen that rool. Bank-note since? - A. Yes.

Q. Was that the same Bank-note that you received from Dr. Peers, and gave to Cock? - A. I have not the smallest doubt of it.

GEORGE COCK sworn. - Examined by Mr. Fielding. I am servant to Mr. Gilbert.

Q. Do you remember, on the 18th of January, going, by your master's direction, to the house of Esdaile? - A.Perfectly well.

Q. Do you know the day of the week? - A. I cannot say.

Court. Q. The same day you received it from Mr. Gilbert? - A. Yes.

Mr. Fielding. Q. Do you remember what sum you received to carry to the banker's? - A. Yes.

Q. Do you recollect there being a 100l. Banknote? - A. I am certain there was a 100l. Banknote.

Q. What time of the day was it when you came to the banking-house? - A. I think it was in the morning.

Q. Did you see Mr. Bazely there? - A. I gave the money into his hands; he was standing behind the counter.

Court. Q. Did you give the whole to Mr. Bazely? - A. Yes.

Mr. Fielding. Q. When you presented the money to Bazely, What did you say, or do? - A. He said, one hundred and thirty-seven pounds; I said, it was quite right.

Q. You carried your master's banking-book with you? - A. Yes.

Q. And he made the entry in it? - A. Yes.

Q. Did you give that book back to your master? - A. I did.

Q.Did any thing else pass between you? - A. No.

Court. Q. Did you observe what sum he entered? - A. He entered 137l. (Produces the banker's book).

Mr. Fielding. Q. Turn to the entry of the 18th of January? - A.(Reads.) One hundred and thirty-seven pounds.

Q. Was that written by Bazely? - A. It was; I saw him write it.

Cross-examined by Mr. Jackson. Q. You have often paid money into the house for your master? - A. Yes.

Q. Mr. Bazely is the cashier there? - A. He was cashier there.

Q. You delivered these Bank-notes to him? - A. Yes.

Q. There was no particular invitation on his part, but you gave them to him? - A. Yes.

JOHN-BOUGHTON BEAUCHAMP sworn. - Examined by Mr. Knapp. Q. What are you? - A. A pupil of Dr. Peers's.

Q. On the 18th of January, did you receive a one hundred pound Bank-note from Dr. Peers? - A. I did.

Q. For what purpose did you receive it from Dr. Peers? - A. He requested me to step to Mr. Gilbert's, to get it changed for smaller notes.

Q. Did you change it with Mr. Gilbert? - A. Yes.

Q. Have you seen that note since? - A. Yes.

Q. Did you believe that to be the same note? - A. I did.

Q. Do you recollect whether there was any indorsement upon it? - A. Yes, the name of Dr. Peers.

Dr. JOHN-WITHERINGTON PEERS sworn. - Examined by Mr. Knapp. Q. Do you remember, on the 18th of January, giving to the last witness, a 100l. Bank-note? - A.Very well; to get it changed for small notes, at Mr. Gilbert's.

Q. Do you recollect that note? - A. Yes, I made a memorandum of it; it was No. 101, dated the 2d of October last.

Q. Did you make any other mark upon it? - A. Only that I indorsed it with my name, J. W. Peers.

Q. You saw the note afterwards at the Mansion-house? - A. Yes.

Q. Was that the same note that you had given your young man to change at Mr. Gilbert's? - A. It was.

ROBERT FARTHING sworn. - Examined by Mr. Fielding. I am clerk in the house of Esdaile.

Q. You are acquainted, of course, with Mr. Bazely? - A. Yes.

Q. Do you remember meeting him at the Clearing-house, in Lombard-street, on the 18th of January? - A. Yes; it is where the bankers's clerks meet to change drafts.

Q. What passed between you and Mr. Bazely? - A. Mr. Bazely brought me a 100l. note to take up some bills, which were drawn on him.

Court. Q.Bills drawn on him personally, or on the house? - A. On him, not on the house.

Mr. Fielding. Q. Had you any farther conversation with him respecting the bills or the note? - A. No; I gave him the bills, and put the 100l. note in my pocket-book.

Q.What did you afterwards do with the 100l. note? - A. I brought it home to the house, and in the evening I took it down in this book; (refers to it).

Q. What entry have you got respecting the note? - A. No. 101, 2d of the 10th.

Court. Q. There is no date of the year? - A. No.

Court. Q. You never do that? - A. No.

Mr. Fielding. Q. Did you observe any mark at the back? - A.There was an indorsement, and I wrote Mr. Bazely's name upon it, and the amount of the bills.

Q. I do not apprehend you knew any thing more of the note afterwards? - A. No.

Cross-examined by Mr. Const. Q. You usually do, I suppose, what you have described, when you take up bills, write the number of Banknotes? - A. Yes, generally.

Q. That is the usual course? - A. Yes.

Q. Mr. Bazely is cashier at your house? - A. Yes.

Q.And I believe, also treasurer for the Dingdong company? - A. I believe he might.

Mr. Fielding. Q. Be so good as explain - my learned Friend asks you, if he is a cashier, what do you call him? - A. A teller.

Q.His duty is to receive the money at the counter? - A. Yes; and pay it.

Q. If bills are drawn upon the house, and they come there to be cashed, he pays? - A. Yes.

Q. And the bills pass over to another clerk? - A. Yes; and when he receives money, he puts it in his drawer.

Q. And when he receives Bank? - A. He puts it over in a drawer behind him, in what we call a receipt box, while another clerk makes it received.

Q. The moment you receive the notes, a customer comes and pays part in notes, and part in money; the money you put into a drawer, and the notes behind him in a box, which other clerks enter; now are they always entered before they are put into circulation? - A. Yes.

Mr. Const. Q. Mr. Bazely gave you this note in the usual way of business? - A. He never brought me a note before that I recollect.

Q. You wrote your name upon it, of course? - A. Yes.

Q. And he knew that you would, of course? - A. I do not know that he knew it; I did it.

Q. Do you find security at your house, do the clerks give security upon any deficiency? - A. Yes.

Q. In point of fact, I suppose he has done that? - A. I do not know.

Court. I take it for granted, every bankers clerk gives security.

Mr. Const. Mr. Bazely was the teller in Denzelou's business? - A. Yes.

Q. Was not that made good by him to the house? - A. I cannot say, I do not know whether he did or not.

Mr. Fielding. Q. With respect to the situation in which he stood, if 100l. was paid into the house, in specie, would he direct the clerk behind him to make any entry? - A. Yes, he may; in the evening, he makes an entry in his money-book, and if it was specie, he would make an entry.

Q. And that money goes into his till? - A. Yes.

Court. Q. Out of 137l. suppose there was 37l. in cash? - A. He would enter it 137l. and carry out in his money-book 37l. and hand the notes over to another clerk.

WILLIAM MORGAN sworn. - Examined by Mr. Knapp. Q. Do you know Mr. Bazely? - A. Yes.

Q. Is he a teller in the house? - A. Yes.

Q. It was his business, when he received Banknotes, to hand them over to you? - A. Into a drawer.

Q. Who has the care of the drawer? - A. Nobody in particular.

Q. On the 18th of January, did you make an entry of any notes that you had received, as on account of Gilbert? - A. I did.

Q. Did you make the entry yourself? - A. I did.(Reads): On the 18th of January, 7390, the 7th of the 11th.

Q. Let us know the amount of the notes? - A. Twenty-two pounds in notes.

Q. How much in cash? - A.Fifteen pounds.

Q. That is the only entry on that day, on account of Gilbert? - A. The only one that is made, and I do not know of any other.

Q. Have you got the ledger there? - A. Yes.

Q. Who made the entry in the ledger? - A. Mr. Watts.

Cross-examined by Mr. Jackson. Q. The notes were 22l. where did you get them? - A.Either from Mr. Gill or the drawer, I do not know which.

Q. And what was the amount delivered to Gill, and which you put in the drawer, you are equally ignorant? - A. I do not know.

Q.Whether it was 132l. or 22l. you do not know? - A. No.

Q. You say that was the only entry of Gilbert's how do you know it was the only entry of Gilbert's? - A. It was the only entry that I took.

Q.But you will not swear that there was no other entry made that day? - A. No.

Q. Mr. Gill is a Quaker, is he not? - A. Yes.

Q. The course of your house is, that upon the notes being given to a teller, they are put into a box, and then entered? - A. Yes.

Q.That appears to have been carried to the account of Gilbert, and that entry made by you? - A. Yes.

Court. Q.Suppose 137l. was paid by Gilbert, in the regular course of business, ought not the 100l.

to be entered in that book? - A. Yes, if they were Bank-notes.

Q. Is there an entry of a 100l. that day? - A.There is not in the ledger.

Q. Is there any other book in which it is entered? - A. It does not appear that there is any such entry.

Court. Q. If I understand you right, that book is for the entry of Bank-notes? - A. Yes; to take the particulars of Bank-notes.

Court. Q. What is the other book for? - A. Merely as a check against this: he places the gross amount in the check-book and the account it is to go to, and I call it over to Mr. Gill to see that it is right.

Cross-examined by Mr. Jackson. Q. Do you know whether cashiers are liable to make up deficiencies? - A. I do not know what Mr. Bazely might do.

Q. Do not you know he paid the seven pounds in the case of Denzelou? - A. I do not know.

Court. Q. You enter the total amount? - A. Yes.(Mr. Gill was called, but, being one of the people called Quakers, refused to be sworn.)

EDWARD WATTS sworn. - Examined by Mr. Fielding. Q. You are in Esdaile's house? - A. Yes.

Q. Have you a ledger? - A. Yes.

Q. Look at the entry of the 18th of January to Mr. Gilbert's account - whose hand-writing is it? - A.Mine; I made the entry of 37l.

Q.How does it stand upon the face of the book now? - A.137l.

Q. Did you put that unit there? - A. No, I did not.

Q. You made the entry as of 37l. on the 18th of January? - A. I did.

Q. Do you know how it came there? - A. No.

Q. It was your business to make the entry of the 18th of January? - A. Yes.

Q.Explain at what stage of any transaction it is that you make your entry in the ledger, supposing a customer comes to pay in 137l.? - A. I make my entry directly from the cash-book.

Q. Then your entry was directly from the cashbook of 37l.? - A. Yes.

Cross-examined by Mr. Jackson. Q. I think you said you thought it was not a figure of your making - are you more clear than you were at the Mansion-house? - A. I confess, when the question was first put to me at the Mansion-house, the ledger was opened immediately, without my weighing any of the circumstances attending it; the question was put to me, will you swear that is not your figure? I did not give a decisive answer; but having particularly observed this figure by a stronger light, I perceived a difference in the colour of the ink that it does not stand with the next figure, which is my own; and another circumstance is, that it is checked by two clerks the next morning; aided by all these circumstances, I think myself able to swear positively to it.

Q. Will you take upon you to say, that, in the hurry of business, you did not make that figure? - A. I say, I must be aided by all the circumstances that I have stated.

Q. I call upon you to say, yes or no, before God, whether you made that figure? - A. I say positively, before God and man, that I did not make it.

Q.At the Mansion-house, I understood you to say, it was impossible for any man to swear to a figure of 1? - A. I qualified it by the observations I have now made.

Q. And, with these qualifications, you said, it was impossible for any man living to swear to a 1? - A. I said, at the Mansion-house, it was impossible for a man to be infallible.

Q. Now, then, will you say, it is impossible to swear to a 1? - A. The circumstance I speak of is, its being checked by two clerks.

Q.But you still believe it impossible for any man to swear to a I? - A. There are circumstances that are very strong indeed; this figure of I does not stand with the other figure.

Court. Q.If I understand you right, when the book was first produced to you, you were very cautious, and said, it was possible for a man to make a mistake, you thought it was not your figure; but now having examined the book materially, what is your opinion? - A. That the posting has been altered.

Q. If you had seen the I by itself, perhaps you could not have sworn to it? - A. I wish to be cautious.

Q. Where did you make your entry from? - A. From the received cash-book. (The received cashbook produced).

Mr. Fielding. Q. What is the entry in that book? - A.Thirty-seven pounds.

WILLIAM ESDAILE, Esq. sworn. Q. You have the note? - A. Yes.

Q.From whom did you get it? - A.From one of the other clerks, of the name of Trott. (Produces it).

Mr. Knapp. (To Dr. Peers). Q. Is that the note that you sent by your young gentleman to Mr. Gilbert's? - A. Yes, I believe it to be the same; my name is at the back of it in my handwriting.

Mr. Knapp. (To Beauchamp). Q. Look at that note? - A.This is the same note that I delivered to Mr. Gilbert.

Mr. Knapp. (To Gilbert). Q. Is that the note that you received from the last witness, Beauchamp? - A. I am quite clear it is.

Mr. Knapp. (To Cock). Q. Look at that note, and tell me if it is the note you received from Mr. Gilbert? - A. I cannot say for a certainty.

Q. Do you recollect the indorsement upon it? - A. I do not.

Q. Was the note that you paid into the banker's, the same note that you received from your master? - A.Exactly so.

Mr. Knapp. (To Farthing). Q. Is that the note which Mr. Bazely gave to you at the clearing-house, and which was to take up his drafts drawn upon him? - A.Just so.

Mr. Const. Q. What became of those drafts? - A. I gave them to Mr. Bazely.

GEORGE NEALE sworn. - Examined by Mr. Fielding. Q. You are a clerk in the Bank, I believe? - A. Yes.

Q. Look at that note? - A. This is the note which Mr. Trott had from me.

Q. It had been paid into the Bank? - A. Yes; I took it from the file, and gave it to Trott.

Q.When was it returned to the Bank? - A. On the 19th of January, by one of the out-door tellers.

Court. Q. Had it been cancelled before that day? - A.Not before the 19th of January.

- TROTT sworn. - Examined by Mr. Knapp. This is the note I received from Mr. Neale, and gave to Mr. Esdaile.

Mr. Fielding. (To Mr. Esdaile). Q. When was this unhappy man taken up? - A.Monday, the 21st; I was present when the charge was made to him.

Q. Was any sort of inducement held out to him? - A. No.

Q. There were no promises or threats? - A. No; I told him that any thing he might tell us, would not deter us from taking any steps that we might think ourselves bound to follow.

Q.Are you very sure that there was no one promise, no one menace - was there any body else there? - A. Sir Benjamin Hammett was there, and a constable was there.

Q.Did you, or any of them, in your presence, hold out the least promise in the world? - A. No.

Mr. Const. Q. Will you take upon you to say, that Sir Benjamin Hammett might not say something of that kind? - A. I am sure he did not while I was present; Sir Benjamin might see him at another time, when I was not present.

Mr. Fielding. Then I will not press it.(Mr. Esdaile proved the firm of the house to be as stated in the indictment).

Mr. Const. The case on the part of the prosecution being gone through, I feel a firm conviction, and contend with confidence, that nothing that has been proved in this case amounts to the crime of felony; I apprehend, upon the evidence that has been given before your Lordship, and the Jury, that this is neither more nor less, in the most harsh terms in which it can be expressed, than a breach of trust; that this money was paid is clear -

Court. I am very willing to hear you, but, perhaps, it will be the wisest way to tell you, that the impression of my mind is to take the verdict of the Jury; as to the fact, and as to the law, which Mr. Fielding opened very fairly, I have been turning it in my mind since the trial has been going on, and I shall certainly reserve the case for the opinion of the Judges; if you can go further, I will certainly hear you with pleasure.

Mr. Const. Certainly not, my Lord.

Court. Knowing it to be a case of extreme importance to the City of London, that the line should be drawn, and drawn accurately, I think it will be much better than having my single opinion upon the subject, to leave it for the opinion of the Judges, whether they think this man's offence amounts to a felony, or whether it is only a misdemeanor.

For the Prisoner.

RICHARD RANKIN sworn. - I have know the prisoner seventeen years; he is a man just in his dealings, he bears the highest respect among all his neighbours.

Mr. Esdaile. He has been eighteen years in our house, I think that is character enough for him.

JAMES COWARD sworn. - I have known him eighteen years, he bears a most excellent good character.

WILLIAM MAIDEN sworn. - I have known him sixteen years, he is a very worthy good character.

JOSEPH STREET sworn. - I have known him sixteen years, I always thought him a very worthy, upright, benevolent, good man; I have had great opportunities of knowing him.

WILLIAM BISSOT sworn. - I have known him twelve years, he is an upright just character as any man I ever knew.

BENJAMIN COOPER sworn. - I am an architect and surveyor: I have known the prisoner fifteen years, he bears as good a character as ever I met with; he is a man I have been particularly intimate with, for a great while, I have done business with him, and conceive him to be as a worthy a man as any in this Court.

GEORGE ASHNESS sworn. - I have known him seventeen or eighteen years, I lived in Esdaile's house with him two years, I thought him then to be a man of integrity, and have ever since thought so.

- LAW sworn. - I am secretary to the Dingdong Company, Mr. Bazely was treasurer; he conducted himself as a man of honour should do.

Q. These very bills were drawn for that Company? - A. I put a bill of 166l. 17s. 3d. into his

hand, to cover certain acceptances which became due on the 18th of January, which bill Mr. Bazely was to retain in his possession, or get discounted, as he chose, for the payment of those bills when they became due.

Q.This bill was to cover those bills of the 18th of January? - A. Yes. GUILTY.

Case reserved for the opinion of the Judges .

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

Reference Number: t17990220-46

179. MARY READ was indicted for feloniously stealing, on the 24th of January , 149 waistcoats, value 40l. the property of Stephen-Todd Holroyd , John Jackson , and Joseph Varley .(The indictment was opened by Mr. Knapp, and the case by Mr. Const.

JOSEPH VARLEY sworn. - Examined by Mr. Knapp. I am in partnership with Stephen-Todd Holroyd, and John Jackson : The prisoner was employed by us to make trowsers, and had been a great many years.

Q. She took the trowsers out from your house to make? - A. Yes.

Q. In consequence of any information, did you go any where, and find any other property? - A. Yes; I missed a great deal of property; and then I went to Mr. Jones, in Rosemary-lane, a salesman; I found three waistcoats there, which I have had ever since, (produces them); after that, in consequence of an information I received from Mr. Leary's young man. I went to Mr. Leary's, and there were one hundred and thirty-five waistcoats produced to me, they are now in the possession of the City-Marshal; there were ten others which we are not certain of.

Q.Had you any doubt about those hundred and twenty-five being your's? - A.None in the world, they had all of them our marks; we then got a warrant, and took up the prisoner and another woman, of the name of Evans, who is the prisoner's sister, from the description I had from Mr. Leary's young man, (produces three waistcoats found at Jones's); they have our marks upon them.

- HOLLIER sworn. - I am City-Marshal:(produces 125 waistcoats); I had them delivered into my custody at the Mansion-house; I have had them ever since.

Varley. These are our waistcoats; we do not sell more than a dozen at a time of these sort of waistcoats in any part of the town, we send them principally to America.

WILLIAM JONES sworn. - Examined by Mr. Const. Q. I believe you have, in the course of your trade as a salesman, bought some waistcoats? - A. Yes.

Q.When did you see the prisoner at the bar? - A. Only the last time that I bought the waistcoats; I never saw the prisoner other than having seen her with Evans; I have bought between two and three dozen of them at different times.

Q.Then you only saw the prisoner the last time that you have bought waistcoats? - A. Yes, that is about six months ago; she was waiting about twenty yards from the door, and I observed Evans and her join company when they went away.

Q.What was the price you gave? - A. As near as I can recollect, it was four shillings and sixpence a waistcoat.

Mr. Knapp. (To Varley.) Q.Whereabouts was the value of them? - A. Five shillings and sixpence, six shillings, seven shillings, and seven shillings and sixpence.

JOHN SOCKETT sworn. - Examined by Mr. Knapp. I am servant to Mr. Jones, at the corner of King-street, Rosemary-lane.

Q. Do you know the prisoner? - A. Yes;

Q. Do you know Elizabeth Evans? - A. Yes; I was present when Mr. Jones bought some waistcoats of her; the last time was about six months ago.

Q. Did you see the prisoner at the bar at that time? - A. Yes; I saw her at two different times, at a little distance from the house, at the corner of a short street leading into Rosemary-lane; I received directions from Mr. Jones to follow them; the first time I missed of them, the last time I put a coat on to disguise myself, I saw her joined by the prisoner at the bar; I watched them into a house in the Borough, together; I enquired what they were in the neighbourhood.

Mr. Knapp. We must not hear that.

Sockett. They were afterwards apprehended at that very house; I understand they are sisters; I was present at the search, but we found nothing but some blue trowsers that the women had to make.

Q. You were ordered, I believe, if Evans came again, to stop her? - A. Yes; Mr. Jones did stop her, while I was gone about with some waistcoats to discover the owners.

Jury. Q.What time in the day did this transaction take place? - A.About four o'clock in the afternoon.

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

ARTHUR LEARY sworn. - Examined by Mr. Const. I am a salesman, in Rosemary-lane: I bought a great number of waistcoats of a woman of the name of Evans; I never saw the prisoner till I saw her at the Poultry Compter.

ELIZABETH EVANS sworn. - Examined by Mr. Knapp. Q. Do you remember taking any waistcoat to Mr. Jones? - A. Yes.

Q. How many? - A. I cannot positively say how many.

Q. Did you take any at different times? - A. Yes.

Q.Waistcoats of that sort? - A. Yes.

Q. Did you take any waistcoats to Mr. Leary? - A. Yes.

Q. Did you sell any there? - A. Yes.

Q. Did you take more to Mr. Leary than to Mr. Jones? - A. A great many more.

Q. As many, perhaps, as an hundred? - A. I don't think I ever sold so many as a hundred.

Q.Where did you get them from? - A. I bought them of a Jew.

Q. You saw the Jew, perhaps, just now, as you came into Court? - A. No.

Q. The prisoner at the bar is your sister? - A. Yes.

Q. I dare say you were alone when you sold them? - A. Yes.

Q. Do you mean to swear that? - A. Nobody but his man and himself were in the shop.

Q. Who went with you to Jones's, and who stood for you at the corner of the street? - A. She might be with me once.

Q. Who is she? - A.Mary Read; she used to go frequently to Rosemary-lane to buy things for her children.

Q. She was with you when you went to sell some of these waistcoats? - A. Once she was.

Q. When was that? - A. I cannot say.

Q. How long ago? - A. About six months ago.

Q. While you went into the shop, she was waiting in the street? - A. Yes.

Q. Do you know Mr. Leary's shop? - A. Yes.

Q. Do you remember taking any waistcoats there? - A. Yes.

Q. How lately did you take any there? - A. About three or four weeks before Christmas.

Q. Do you recollect who went with you then? - A. Nobody.

Q. Who was standing very near you? - A. Nobody.

Q. Did you buy them all of a Jew too? - A. Yes, at different times.

Q. Of the same Jew? - A. Yes.

Court. (To Varley.) Q. Were any of those waistcoats ever delivered to her? - A. No.

The prisoner was not put upon her defence.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17990220-47

180. ROBERT MUNDAY was indicted for feloniously stealing, on the 1st of January , 200 Ibs. weight of lead, value 30s. the property of James Newey and David Betson , fixed to a house and building of theirs .

There were five other Counts in the indictment, for a similar offence, varying the manner of charging it.

The indictment was opened by Mr. Hart, and the case by Mr. Knowlys.

The witnesses were examined apart, at the request of the prisoner.

JOSEPH MANTON sworn. - Examined by Mr. Hart. I am a gun-maker, in Davis-street: The house from which the lead was taken belonged to my wife, and her sister.

Q. Do you know who receives the rent? - A. Mr. James Newey and David Betson.

Q. What is your sister's name? - A. Susannah Aitkens . I had the letting of the house, and had a person in the house to take care of it. The prisoner called upon me on the 3d of December last, and said, he had seen a house, which I had to let, in Great Ormond-street; he asked me the rent; I told him, it was 60I. a year; he said, that was too much, as it was considerably out of repair; and he made the objection, that it was too near a baker's shop; he said, it would could cost him 100l. to repair it; but he said, if I would take 55I. a year, he would take it upon a lease for twenty one years, but he said, he must have immediate possession; that he would get workmen in it directly, to repair it, ready to receive his son, whom he expected from the East-Indies, he did not know how soon, and whom he had not seen these twenty years; he said, his son had married a black wife, and had children by her, which he very much lamented; but he said, if his son was happy, he should be soon reconciled to the colour; I agreed to take the 55I. a year for twenty-one years, and told him, that there should be an agreement drawn up; he pretended to be in a great hurry that evening, but I told him, I could soon write it out; and asked him his address; he told me, he lived at Tottenham-high-cross, that he had a house there, where he went every night to sleep; I drew up the agreement, which he was very much pleased at, as it would save him the expence of employing an attorney; he signed it, and went away.

Q. Was your agreement on a stamp? - A. No, it was not.

Q. How was he drest at that time? - A. He had silk breeches on, and a kind of snuff coloured coat, and a buff coloured waistcoat.

Q. Had he altogether the appearance of a respectable man? - A. Yes; I took him to be a man of considerable property. The next day, the 1st of January, he came into possession of the house; on the 4th of January, I sent a messenger to enquire after him, but could not get any intelligence; on the 9th of January, I went myself to Tottenham-high-cross, but could not find any such person; as I was returning home, I called at the first turnpike,

and made enquiry there, but could not find him out.

Court. Q. Did you deliver him the possession? - A. No; Gray, another witness, who had the care of the house, did.

Mr. Hart. Q. Were you present when the prisoner was taken into custody? - A. Yes, I was. Upon my return from Tottenham-high-cross, I sent three of my men with a second key, and upon their return, I went to Bow-street; that was on the 9th; in the evening, they got two officers, who went with me to Ormond-street; he was in the street, but seeing us, he did not attempt to go in; I said to the officers, this is the person that has taken the house, and they immediately secured him; I asked him, where the keys of the house were; he said, he had left them behind him. We took him into the baker's shop, searched him, and found the keys upon him; two of my men then went into the house to examine it, Thomas Ash and Peter Gray ; then we took the prisoner to Bow-street.

Q. What was his appearance at the time he was taken? - A. Very shabby; much as he is now.

Q. Very different from his dress when he took the house? - A. Yes; he was very dirty, and one of his fingers tied up; I found some blood upon the lead in the house, and I found a chissel in his pocket. (Produces it).

Cross-examined by the Prisoner. Q. Upon the oath you have taken, is not the coat that I have on now, the very coat that I came to you in that evening? - A. I do not think it is; he had a great coat on.

Q. I have not wore a great coat for years; the dress altogether that I have on now, is literally the same as it then was; I had none to change it with- Did you not present a pistol to me? - A. I did.

PETER GRAY sworn. - Examined by Mr. Knowlys. Mr. Manton put me in possession of this house in Ormond street; I quitted possession on the 31st of December in the evening; Mr. Manton told me, in the front shop, that he had let the house to that gentleman, the prisoner was then with Mr. Manton; Mr. Manton asked me if I could leave it the next day; I told him I did not know that I could; however, the next day I went and got a lodging, and, in returning to Ormond-street with a carter, I met the prisoner; I told him I was going to leave the house, and he told me, I declare you have been very expeditious; I left the key at Mr. Clarke's a baker, the next door, at the express desire of the prisoner.

Q.When you left possession of the house, how were the leaden sinks? - A.Within five minutes of my leaving the house, I saw them all safe.

Q. Are these leaden sinks in doors or out of doors? - A. In the kitchen and wash-house; Mr. Manton sent me down with a padlock to fasten up the house, Ash and Whitelamb went with me; I opened the door, Mr. Manton had delivered me a second key, which he had not given up; Ash went to light a candle, it was dark; I staid in the hall about two minutes, and the prisoner came out of the back kitchen into the hall; I apologized for coming to him, that it was Mr. Manton's order; he went to take hold of the key that I had in my hand, and said, he was glad that I had come, because I put him in possession of the second key; I told him I came to the house in consequence of his not being found at Tottenham-high-cross, where he had given his address; he took the key, and put his hand gently to my shoulder, as if to push me out, and I went out; Ash and Whitelamb were standing at the door, and then he shut the door and shut us out; there is one thing which I omitted, which is, that he said he had got some chairs into the house.

Q. Did you see any chairs in the house? - A. No, I could find none.

Q. Did any of your companions say any thing to him? - A. Yes, as near as I can recollect, Ash told him Mr. Manton wished for his address.

Q. Was that before or after he shut the door? - A. After he came out along with us, Ash told him Mr. Manton wanted to see him, as he wished to have the lease made out; he said, he should very likely wait on Mr. Manton that night; Ash told him, Mr. Manton wanted his address; he said, he lived at Tottenham-high-cross; he asked him, where; he replied, at the further end; he asked him what he should say to Mr. Manton, as he wanted to make out the lease, whether he was a gentleman or a tradesman; he answered, neither; the prisoner then walked away towards Lamb's-conduit-street, and Ash and me stopped a few minutes, while Whitelamb went about some other business; in the course of our stopping, he returned again; Mr. Ash then stopped him, and said, in case he should not wait upon Mr. Manton, could he see him to-morrow.

Q. Did you go the next day with the officers? - A. Yes; we went into the house, and found a piece of leaden pipe in the hall, that I am positive was not there when we went in first.

Q. The same night? - A. Yes.

Q. How long might that be? - A.About two feet, as near as I can guess, or more.

Q. Did you afterwards see from what part of the house that had been taken? - A. From the back kitchen; I was there when the officers fitted it; I am positive it was cut off with a saw, it had the appearance of being fresh cut; in the wash-house the sink was ripped off the wood work, and entirely taken away; two sash weights were gone from one of the stair-case windows; there were fifteen door

locks in the house that had been taken off; I went into every room in the house; I suppose there were about two hundred pounds weight of lead removed, as near as I can guess.

Q. When the prisoner was secured, did you observe his hands? - A. No.

Cross-examined by the Prisoner. Q. As near as you can state, what was my dress at the time I took the house? - A. I did not take any particular notice of his dress; he seemed to me to have his hair frizzed out at the sides.

Court. Q. Did you hear him represent himself to Mr. Manton as a gentleman of fortune? - A. It did not occur in the front shop, while I was there.

Prisoner. Q.When the officers came, did you not see a pistol in the hand of Mr. Manton? - A. I did not see it.

Q.Did you not see the officers box me in the face, and knock me down? - A. I did see the officers strike you, and I held their arms.

Court. Q. Did he make any resistance? - A. None that I saw.

Prisoner. Q. Were there not many locks in the house that wanted keys? - A. Yes.

Q. How many of them were brass locks? - A.Three.

Q. And how many handles were deficient? - A. None, to my knowledge; it might be so, but I cannot say.

THOMAS ASH sworn. - Examined by Mr. Hart. I was in company with the last witness on the 9th of January; I know no more than he does.

THOMAS WHITELAMB sworn. - Examined by Mr. Knowlys. I am servant to Mr. Manton; I went with the two last witnesses to Ormond-street.

Q. Did you observe any lead removed from the place where it stood? - A. No, I did not.

Q. Did you observe the hands of the prisoner? - A. Yes, I observed a rag round one of his fingers, and bloody.

Q. Did you observe any appearance of blood upon any part of the lead? - A. No, I did not.

Prisoner's defence. I am a poor, weak man, unacquainted with the law touching the situation. I now stand in; I have always understood, from the earliest of my manhood, that if I entered into a contract between a lettor and a lettee, I thought that, after an agreement for twenty-one years to repair a house, or lay out any sum that I liked upon it, while the rent was paid, it was as a complete freehold. This I ever understood to be the law of this country, and if I am wrong, I am very sorry for it. As to my representing myself as living at Tottenham-high-cross, suffer me to observe, I have a wife, the daughter of a merchant in the City of London, who has resided upwards of twenty years in Church-street, Stoke Newington, at a Mr. Field's; I always was taught to consider that as my home. Mr. Manton did not ask me my name or place of abode till he had wrote six lines, and as my wife lived there, and was going to live at Tottenham-high-cross, that was the direction I gave. I have been a character well known in the world, and have carried on a great business; Mr. Manton did not ask any reference; had he said, you are a stranger to me, I must request a reference, I would have referred him to Mr. Long and Mr. Hall, two gentlemen in Finsbury-square, who pay my wife her annuity quarterly. As Mr. Manton waved any enquiry touching a reference, I conceived myself in a state of safety in doing what I did, putting Tottenham-high-cross, as it was to be the residence of my wife, and will be at Lady-day. If I have committed a fraud, it has not been intentional; the work-people were going to be put into the house when they took me; what I was employed in was measuring the height and extent of the rooms, which I meant to have painted and put in order. It is very true I told Mr. Manton I had an only son that had been at Bengal above twenty years ago, and who is now safe arrived at Lisbon; he wrote to me, wishing I would provide for him a reception in London, and I thought that a house of 55l. a year would do very well for him who was so well able to pay it, as I am told. Mr. Manton has been pleased to represent me as a gentleman; it has all arisen from Mr. Manton's own want of caution; he never asked a reference, which, if he had, I would have given him. I considered it as exceedingly ridiculous in me to make any further scruple of accepting the premises, as he seemed so remarkable slack in asking a reference; my dress was the same, and I believe, the whole would not fetch half-a-crown. This is the first time I have erred upon such a ground. I am sorry if I have intruded upon your Lordship's humanity in hearing me so long; but I conceive it must be proved by some witness, that I was seen aiding or abetting in carrying away the articles charged in the indictment to the satisfaction of your Lordship and those twelve independent gentlemen who are to decide upon my deliverance. My Lord, I take it by virture of such an indenture as is contained in the articles of lease between landlord and tenant, if this is to be called a felony, it would stretch the very vitals of the constitution. If, instead of three windows, I had chose to have made them all into one bow-window, I conceive I had a right to do it. I have seen a great deal of the world, and have done business for the nobility and some of the first families in England, Scotland, and Ireland.

Court. Q. Have you any witnesses?

Prisoner. I have no witnesses but God and the truth to support me. GUILTY (Aged 67.)

Court. (To Jury). Q. Are you of opinion that he entered into that contract with Mr. Manton, for the purpose of getting fraudulent possession of the house?

Foreman of the Jury. We are.

Court. I shall reserve this case for the opinion of the Judges .

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

Reference Number: t17990220-48

180. THOMAS DURHAM was indicted, for that he, on the 10th of January , in the King's highway, in and upon John Henderson did make an assault, putting him in fear, and taking from his person, and against his will, a metal watch, value 20s. a gold seal, value 2s. a gold key, value 12d. a shagreen case containing two lancets, value 2s. a tooth-pick case, value 12d. and a guinea , the goods and monies of the said John.

JOHN HENDERSON sworn. - I am a surgeon and apothecary , in Mortimer-street, Cavendish-square: On the 10th of January last, between five and six in the evening, I was robbed, about a quarter of a mile on this side of Whetstone turnpike, on Finchley-common ; I was in a single horse chaise with a gentleman, returning from Barnet; two men rode up to us on horseback, and demanded our money and watches; one came up on each side of the chaise; the man on my side presented a pistol, I sat on the near side; he took from me a metal watch, with a gold seal, gold key, and toothpick-case, a lancet-case, and a guinea; they then desired us to drive off immediately. The next day I went to Bow-street.

Q. Did you know the men at all? - A. No, I did not.

Q. Did you not observe either of them? - A. No; the man that was next me I think had a light great coat on.

Q. What time was it? - A. It was quite dusk; I went to Bow-street on Friday, and mentioned the circumstance, and in about a fortnight after I received a letter, requesting my attendance; I did attend, and found, among a variety of articles, my lancet-case and tooth-pick case, which are in possession of Mr. Macmanus.

Q.And these are the only articles you ever recovered? - A. Yes.

Q. And that was a fortnight afterwards? - A. Yes.

PATRICK MACMANUS sworn. - I am one of the people belonging to Bow-street: On the 21st of last month the prisoner was brought to Bow-street, I was sent for to the office; I searched him, and found several things upon him that does not at all belong to this business, but in particular I found this key, (producing a small key); upon finding that key, Mr. Addington asked him where he lodged.

Mr. Knowlys. Q. What Mr. Addington asked, and the answer he made, was taken down in writing, was it not? - A. I do not know; he refused to tell Mr. Addington where he lived; I said to Mr. Addington, I knew where he lived, and I went to a house in Oxford-road where he lodged.

Court. Q. Did you know the room he lodged in? - A. From the enquiries I made.

Q. But you must not tell us what that enquiry was? - A. I went into the garret, and found in a box which this key opened, this tooth-pick case, this pistol-bag with bullets, a bullet-mould, and this lancet-case.

Cross-examined by Mr. Knowlys Q. This was on the 21st of January? - A. Yes.

Q.That is eleven days from the 10th of January? - A. Yes.

Q.This is the key with which you opened the box? - A. Yes.

Q. How many thousand bureaus and boxes do you suppose that key would open? - A. I believe it is an uncommon good key of the sort.

Q. How many thousands of bureaus and boxes would that open? - A. I do not think it a common key at all.

Q. You understood the prisoner lodged in that house - how lately did you know him to lodge there last? - A. Before this happened.

Q. Have you known him to have lodged there within these three months? - A. No, nor I do not know that I ever did see him there, but I have had very good information.

Q. Do you not know, that you are not to give evidence here of the information of other people? - A. No.

Q. Do you know that this man is indicted for an offence, for which his life must answer, if he is convicted? - A. Yes.

Q. How often have you been told in this Court, that what you are informed is not to be given in evidence, and you have attended here for thirty years? - A. You have told me so to-night.

Q. Have you not been told so very often? - A. I do not know that I ever was before.

Q.And mean to say, upon your oath, that you never heard in this Court, that what you have been informed is not evidence? - A. I have heard it.

Q. Do you know that that man lodged in that house of your own knowledge? - A. No.

Q.Then how dared you to give evidence of such information? - A.How was I to have known it was his room, if I had not had information.

Q.For what is this man indicted? - A. For a highway robbery.

Q. Is there a reward upon conviction for a high-

robbery, of forty pounds, aye or no? - A. There is.

Q. And you, knowing there is a reward of forty pounds, offer to give evidence of information? - A. How was I to get up stairs into the room, without telling how I came there.

Q. Have you not heard the Judge upon that Bench say, that you are not to give evidence of information? - A. I may have heard so.

Q. Then how dared you to swear that they were his lodgings? - A. I have not sworn it that I know of.

Q. Do you mean to swear then that he lodged there? - A. No.

Q. Upon your oath, do you not know, that if that man is convicted, you are entitled to forty pounds, or a share of forty pounds? - A. Yes.

JOHN DIXON sworn. - I went with Macmanus to the house, but did not go up stairs; I did not see the things found.

Mr. Henderson. This tooth-pick case and lancet are mine.

Mr. Knowlys. Here is a key which I have just taken out of a friend's pocket, the wards of which are exactly the same.

Prisoner's defence. I bought these things.

JOHN BROGDEN sworn. - Examined by Mr. Knowlys. I live at No. 16, Staining-lane; I am a jeweller.

Q. Look at that key?(The key which was produced by Macmanus). - A. I am particularly conversant with this branch; I am certain my next door neighbour would produce a hundred such in a quarter of an hour; the price of this is 3s. 6d. lock and key, it is a very common key.

Court. Q. Look at that other key - will both those keys open the same lock? - A. They will not.

Court. Q. Have you been in Court? - A. No, my Lord, I am only just come into Court, I am a total stranger to both parties; I did not even know what was going on when I came into Court.

Q. You are not subpoenaed? - A. No, I came in merely to gratify my curiosity; I have in my time made a great many little locks myself, and have had occasion to go to the White-lion, in Foster-lane, where they keep an assortment of all kind of keys.

Q. Is the key produced by the witness a common key? - A. It is the commonest of all but one, and they only differ in size.

JAMES ALDRED sworn. - I am a gentleman's servant out of place; I have know the prisoner at the bar a very short time, not a month.

Mr. Knowlys. That is certainly not enough.

NOT GUILTY .

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

Reference Number: t17990220-49

181. MARY PALMER was indicted for feloniously stealing, on the 17th of January , two shirts, value 20s. the property of Nathaniel Living , privately in his shop .

NATHANIEL LIVING sworn. - I live in St. Martin's-court, I keep a ready-made linen warehouse ; at the time this happened, I had a shop in Middle-row, Holborn ; I was serving a lady in that shop with some muslins, when the prisoner came in, with a child in her arms; soon after she came in another woman came in, a hatter's wife, in Holborn; I did not know who she was then; after having served the first lady with the muslin, I asked the prisoner what she wanted; she asked for a yard and a half of calico, the same as she had bought a gown of a few days before; I asked her what kind of a pattern it was; she described such a one as I had no recollection of at all; upon telling her that, she said she had bought it of my shopman, but he was out at that time; she said, a yard and a half was laid by for her of the pattern, that she had paid a shilling, and was to call for it; I saw a small parcel wrapped up, and I asked her if that was it; she said, no; I then told her my shopman would be in in a little time, and she had better call again; she said she would call about five o'clock; as soon as she was gone, I called to the third person, who was the hatter's wife, I asked her what she wanted; she asked for an article I had not got, and she also went away directly; as soon as she was gone I missed two shirts, which I had in my hand previous to these people coming in, they had laid upon the counter; I always keep what ready-made things I had in hand in a book, and mark them off as I sell them; and I was looking in my book when this woman came in, merely to see if they were right; as soon as I missed them, I mentioned it to my lad, and in consequence of what I heard from him, I conceived that the prisoner had taken them; I ordered him out to see if he could see her, and as he was going out at the door, he said, there she is, crossing the road; I immediately went to the door, and saw him take the shirts from under her gown, they were tucked under her arm; I immediately ran over the street, took the prisoner by the arm, and brought her back into the shop; I then sent for one of the officers belonging to Hatton-garden, and she was committed.

Q. Was she near that part of the counter where these shirts lay? - A. Yes, close to them.

Q. You must have seen her do something that should induce you to suspect her in particular? - A. I saw my boy move some trowsers from before her; she placed her child upon the counter close to the shirts.

Q. Did you see her make use of her hands at all? - A. No; when she came back, she said, she did

not take them; that a girl about fourteen years of age, who was with her, took them; but there was nobody at all with her, except a little child in arms.

JOSEPH TAYLOR sworn. - Q. How old are you? - A. Going of fourteen.

Court. Q. Do you know what will become of you if you say that which is not true upon your oath? - A. I shall go to the devil. - I am servant to Mr. Living, as errand-boy: I was behind the counter when the prisoner came in.

Q. Had you any reason to suspect her? - A. I did not much like her appearance, she looked like a girl of the town; there were some trowsers on the counter, and she leaned her elbow upon them, and I thought she was going to take them, and I took them away; she said directly, take care, or else they will fall.

Q. Did you see any shirts upon the counter? - Yes.

Q. Was she near them? - A. Yes, close to them.

Q. Did you observe her do any thing? - A. No; my master then desired me to go out and see if I could see her; I went up to her, and told her my master can serve you now with the bit of cotton you wanted; and I saw the shirts under her arm, with her gown over them; I caught hold of her, and she said, here are two shirts the child brought away under her petticoats, and I did not know it; she having a child in one arm, and the shirts in the other; she did not make any resistance, but let me take them from her; my master then came and took hold of her, and I took the shirts back to the shop, and gave them to my master.

Q.(To Living) What is the value of these shirts? - A. They cost me twelve shillings and sixpence each; they are here, in custody of the officer, I delivered them to him; we number all the shirts as they come in, and these are both No. 20, I described them when they were brought back before I looked at them, they were marked with my private mark, D. E. h.(The constable produced the property, which was deposed to by the prosecutor).

Prisoner's defence. I was not two yards from the window all the time; when I came out of the shop, I saw two shirts drop from three women that came out. GUILTY Death . (Aged 18.)

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

Reference Number: t17990220-50

182 SUSANNAH BROOKES was indicted for feloniously stealing, on the 19th of January , a japan tea-board, value 12d. a pair of linen sheets, value 5s. the property of Thomas Barker , in a lodging room, in his dwelling-house, let by contract by Sarah- Ann Barker , the daughter of the said Thomas, to the said Susannah, to be used by her as a lodging-room .

Second Count. For stealing like goods, not laying it to be in a lodging-room.

There being a mistake in the indictment the prisoner was ACQUITTED .

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

Reference Number: t17990220-51

183. JOHN WILLWAY was indicted for feloniously stealing, on the 18th of February , twelve pounds of soap, value 8s. the property of John Williams .(The case was opened by Mr. Knapp.)

JOHN WILLIAMS sworn. - Examined by Mr. Knapp. I am a soap manufacturer in St. John's-street , the prisoner was a servant of mine: I missed quantities of soap at different times, and I gave Mr. Heal directions to watch, and previous to that, I had signified to the prisoner that I had been robbed. On Monday last, the 18th, I had some soap produced to me in my front parlour, I had the officer in waiting, it was produced to me by them, it was taken from the prisoner's person, it was found in his breeches; it was mottled soap, of the same fort that I had in my manufactory, I can swear and take a thousand oaths that it was my soap; he confessed it.

Q. Did you offer him favour, or threaten him? - A. No, I did not.

Mr. Ward. Q. Be so good as let us know what you said to him first? - A. I said, little did I think you was the scoundrel that had robbed me; I said nothing else to him.

Mr. Knapp. Q. What did he say? - A. He said that he was guilty; and I do not recollect that he said another word.

Cross-examined by Mr. Ward. Q. What is your partner's name? - A. I have none.

Q. Have you no connection with any other person in business? - A. No.

WILLIAM HEAL sworn. - Examined by Mr. Knapp. I am servant to the prosecutor: I was set by Mr. Williams to watch the prisoner in a room adjoining to that in which he works, I saw him through the partition boards; about ten minutes before seven o'clock in the evening, I saw him draw a bag from his breeches, take two pieces of soap, put them into the bag, and return the bag, with the soap in it, into his breeches; he came out at seven o'clock, I came out at the same time, keeping near to him through the manufactory; all the men were with him, and we all went into the accompting-house together, from the accompting-house through the yard into Mr. Williams's parlour, the officers were ready; I told them to take the bag of soap out of his breeches, I saw it taken

out, it contained two large pieces of mottled soap.

The prisoner left his defence to his Counsel.

GUILTY (Aged 33.)

Transported for seven years .

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

Reference Number: t17990220-52

184. JOHN WILLIAMS and MARY SIMMONS were indicted, the first for feloniously stealing, on the 12th of January , two silk handkerchiefs, value 2s. and three cotton handkerchiefs, value 3s. the property of certain persons to the Jurors unknown; and the other for receiving a cotton handkerchief, value 12d. part of the before mentioned goods, knowing them to have been stolen .

Mary Simmons also stood charged in a Second Count, for that she knowing that the said John Williams had committed the felony aforesaid, feloniously did receive, harbour and conceal him.

JOHN BROOKES sworn. - I am one of the constables of the parish of St. Giles's in the Fields: On the 11th of January at night, about half past eleven o'clock, I received some information from Mr. Dignam, desiring me to go to a house in Orange-court, Great Wild-street; accordingly, about one o'clock, when the patrols came into the watch-house, I took them with me; I heard some people talking, I went into the parlour upon the ground-floor, and there were two young men, and four women, they were disputing about some handkerchiefs, and I desired them to give the handkerchiefs to me; they one and all said there were no handkerchiefs there, they had none; I then proceeded to search, and the first I searched was the prisoner at the bar; I searched his pockets, and all round him, but could find nothing, he kept his hand down to his breeches; I then asked him what he had got there; he said, nothing; I insisted upon seeing, and one corner of this blue handkerchief I pulled out of his breeches; I asked him how that came there; and he said he was injured; our patrol then said, their might be more, and I saw him pull out four more handkerchiefs; he accounted for the whole in this way, that coming down Orange-court to this house, he picked them up; I took him to the watch-house.

Cross-examined by Mr. Alley. Q. You have never made any attempt to find out the owners? - A. No.

Q. Then they may not be stolen that you know? - A. I cannot say.

PHILIP DIGNAM sworn. - On the 11th of January, between eleven and twelve o'clock, I was going for a nurse to attend my wife, and in going through Orange-court, I heard some conversation in this house; the street-door and parlour-door being open, I could see the prisoner, Simmons, taking up handkerchiefs one by one from some person by the fire-side, putting them about her neck; this silk handkerchief, she said, would bring three bobs, and a white one, she said, would fetch a bob; then she handed that back, and received another; she did say, what she thought they would fetch, to some person by the fire-side; they thought they would not fetch so much; the prisoner said, she knew better, for she had popped many hundreds. I could discern, from the conversation, that they were not honestly come by; I heard the voices of two men, one said, I could have had many more, if you would have stood by me.

Q. Could you distinguish the person of Williams? - A. No.

Mr. Alley. Q. The meaning of the word, pop, is pawn, is it not? - A. Yes.

TIMOTHY PENDEGRASS sworn. - I am a patrol: I went with Mr. Brookes to this house in Orange-court, the door was shut; we called, and they made answer, they would not open the door; I went to the window, and pushed it up, and drew the curtain on one side; I saw the prisoner Simmons make her escape to a back room, the door had been wrenched off the hinges, she slapped down the door; and the prisoner Williams and another man were by the fire; she slapped the door down upon them both; Williams got up and shoved the door upright against the same place again; then another woman opened the door and let us in; as soon as I went into the back room, I saw Simmons upon the bed, pretending to be asleep with a sick woman; I asked her, if she was asleep, and she said, she was, and had nothing to do with the affair; she was brought out and examined by one of the patrols, but nothing was found upon her; then Mr. Brookes wished to have Williams searched; after searching his pockets, he clapped his hand upon his right thigh, he said, he had a pocket handkerchief there to keep himself clean; I said, let us see what sort of a handkerchief you have got there; he was unwilling; He had hold of the corner of this handkerchief, and pulled part of it, and Mr. Brookes pulled the rest out; I said, I see you have left something behind; and I then put my hand down in his breeches, and he prayed me not; I put my hand down, and pulled four handkerchiefs out of his breeches all together; then he said, he had found them in the court; he did not give any reason for their being so concealed; Mr. Brookes has had them ever since.

Williams's defence. A few days before this, I happened to see this young woman in Drury-lane, I asked her where she lived, and she said, No. 8, Orange-court; and the same night I was rather in liquor, and happened to go down the court to see the young woman, and kicked a bit of a bundle

before me, tied up in brown paper; another young woman happening to go in, saw me pick it up; she cried halves; and upon going in to examine the bundle, I found the above property, and I put them into my breeches, because I would not lose them out of my pockets.

Simmons's defence. I did not know the young man, nor had not the property in my hands; I had been up stairs, and coming down, I heard them talking about the property, but I never had them.

The prisoner Williams called three witnesses, who gave him an excellent character.

Both NOT GUILTY .

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

Reference Number: t17990220-53

185. JOHN CONNER and JOSEPH SMITH were indicted for breaking and entering the dwelling-house of Richard Yeend , about the hour of twelve in the night of the 16th of February , with intent to steal the goods .

The Court being of opinion, from the evidence, that no burglary was committed, the prisoners were ACQUITTED .

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

Reference Number: t17990220-54

186. THOMAS BURNETT was indicted for feloniously stealing, on the 23d of January , a copper crane, value 8s. the property of John Read .

WILLIAM SWANSCOAT sworn. - I am servant to John Read , distiller , Fann-street, Aldersgate-street: I missed a copper crane off my cart, when we got to Leather-lane, Holborn , on Wednesday, the 23d of January; it was tied on to the copse of the cart, and the cord had been cut in three places; we had come from Welbeck-street; I saw the crane there about half past six o'clock; it struck seven as we came past St. Giles's church; I saw the crane again, at Bow-street, on Friday afternoon; the prisoner was at Bow-street at the time. The crane is here.

Cross-examined by Mr. Knowlys. Q. I believe, when you went off, you told your master you had lost the crane? - A. Yes.

Q. And if you cannot fix somebody with stealing it, you must make it good? - A. Yes.

Q. You missed it when you came to Leather-lane? - A. Yes.

Q. Then you had come some little distance into the city of London? - A. Yes.

Q. Did you go down Leather-lane? - A. No; we stopped opposite Leather-lane.

JOSEPH HEMMINGS sworn. - I was with the last witness; I saw the crane safe when we left Welbeck-street; when we got to Leather-lane, Holborn, the cord had been cut in three places.

Cross-examined by Mr. Knowlys. Q. You did not find it to be gone till you reached Leather-lane? - A. No.

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

EDWARD CROCKER sworn. - I am one of the patrol belonging to Bow-street: On Wednesday evening, the 23d of January, I and some of my brother officers went to a house in Bowl-yard, St. Giles's, between six and seven o'clock in the evening; we went, in consequence of an information coming to the office, of a trunk, which belonged to Dr. Perfect; my brother officers went into the back parlour, I stopped in the passage, and the prisoner, and another man who made his escape, came in; the other man came in first, and the prisoner behind him, with this crane upon his left shoulder; the man who made his escape, accosted me, and asked me what I did in the passage; I told him not to stop there, but to come along up stairs with me; the prisoner was behind him; I immediately ran up to my brother officers, and desired them to come down, for there was some property come in; the prisoner at the bar and the other man followed me as far as the foot of the stairs; my brother officers came down stairs, and the crane was then standing against the bannisters of the stairs, and they were going out of the passage, when I secured the prisoner; I turned him into the passage to the other officers, and the other made his escape; I saw the crane upon his shoulder, it is a copper crane. (The crane was deposed to by Swanscoat and Hemmings).

Prisoner's defence. It is an envious piece of business of Crocker's; he has known me a great many years; a few years ago, he licked my brother; and he told me, he would lick e'er a one of the family; I licked him at the corner of Goodge-street, and he told me then, that if ever I should get into his hands, I should never get out any more. Another time, he met me with a bundle, and made me put it down and untie it, and said, he supposed I had got sugar or coffee.

Crocker. I have not known him till within this year and a half; I have known his brother.

Q. Did you ever have any quarrel with him at all? - A. No.

Q. Did you ever threaten him, as he has described? - A. No, I never did, upon my oath.

Prisoner. I never was before a Magistrate in my life, till he took me up, and that he did once before this. He has been a terror to my life ever since I have been from the East-Indies.

Q.(To Crocker). Did you ever take him up before? - A. Yes, I have.

The prisoner called three witnesses, who gave him a good character. GUILTY (Aged 26.)

Transported for seven years .

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

Reference Number: t17990220-55

187. EDWARD-SAMUEL BARNARD was indicted for assaulting William Mitchell , an officer of Excise, on shore in the execution of his duty .

The indictment was opened by Mr. Knowlys, and the case by Mr. Fielding.

WILLIAM MITCHELL sworn. - Examined by Mr. Knowlys. I am an officer of Excise , and live at Helston, in Cornwall: A little more than twelve months ago, I first saw the prisoner, he lived about three times the length of this Court from me; he knew me perfectly well. On the night of the 21st of December last, which was a very bright moonlight night, about nine o'clock, I and some other officers went to a little by-lane in the parish of Wendon , which goes into a field into a farmer's yard; there is a gate into the turnpike road; we were waiting for some people that we expected to come across the ground into that by-lane, and we made the gate, that goes into the road, fast; Bunney, Parnell, and Lisle, were with me.

Q. Tell us what you first observed? - A.After fastening the gate, I waited within side of the field by the side of the lane, for three parts of an hour, we then heard a noise of horses coming, which we supposed to be the smugglers; the first that came up, was John Skinner, a smuggler, who lives in the town of Helston, he was riding on a horse, but nothing with him; I heard the others coming, and the officers were placed to cut off their retreat; I told them, what they had got, they had better give up peaceably; and he called me by my name, and said, is that Mr. Mitchell; I told him, it was; by this time, the prisoner at the bar and Pascow rode by and passed me at full gallop, with two ankers of liquor under each of them, slung over the horses, with cords, in the usual way in which smugglers carry their liquors.

Q. Was Pascow a Helston man? - A. Yes, I knew him, but not so well as Barnard; I turned round, and went towards the gate to stop the horses; upon my attempting to seize them, they instantly struck at me a number of blows with large sticks; I had one blow over my eye, that I thought I had lost the sight of my eye; I was under the doctor's hands a long time; and another across the nose; there were a great many other blows, but no blood brought.

Q. How did you get the blows on your arms? - A. By defending my head; I lost a great deal of blood; the wound on my eye was a very deep one. Pascow's stick appeared to be four feet and a half long, and a large head to it; after he had got over the gate, he took both hands and struck me repeatedly, and if the other officers had not come up, they must have got through the gate, I could not have prevented it a moment.

Q.The men that were striking you, were Pascow and Barnard? - A. Yes, they struck, both of them, as fast as they could. On the Christmas day I was as ill as ever I was in my life. When Parnell came up, I fell back to recover himself; I had had enough for any man; and after I had recovered myself, I returned; we secured three horses laden; a boy had been riding one of them, and he had jumped off, and ran away; the other two horses were rode by Barnard and Pascow, they were loaded with two casks each, one of brandy, and one of geneva; they were seven-gallon casks; Parnell caught Barnard by the collar, secured him, and took him to Helston; the others ran off; indeed, I had three loaded pistols about me, but I was loth to make use of them; if I had, I think, as we were so close, it must have taken the life of one of them.

Q. I believe Barnard got hurt? - A. I believe he did, in his head.

Court. Q. Did you draw the pistols at all? - A. Not till after we had got to the end of Helston town, when I was apprehensive of a rescue.

Q. When Barnard was secured, did he say any thing? - A. When I remonstrated with him for having used me so ill, he said, he was very sorry for it, and begged we would let him go; and he said, if he had known they were Helston officers, he would not have hurt them; but he thought they were Penryn officers, otherwise they should not have acted in the manner they did.

Cross-examined by Mr. Pooley. Q.Both of you lived in the same town? - A. In the same street.

Q. You were very well known there? - A. Yes.

Q. How far from London is Helston? - A. About 270 miles, I believe.

Q. He is a poor man, I believe? - A. Yes. He has been detected three times in a year and a half.

Mr. Fielding. Q. I believe he works in the mines? - A.Occasionally.

SAMUEL PARNELL sworn. - Examined by Mr. Fielding. I am an officer; and came up to the assistance of Mitchell.

Q. When Skinner first came up to the gate, where were you? - A. I was back about 200 yards from the gate, as they passed by.

Q. Had you known Barnard before? - A. I have seen him before, but had no knowledge of him.

Q. In what manner were Barnard and the others treating Mitchell? - A.Beating him with sticks, to the best of my knowledge. Barnard's stick was three feet long, and Pascow's was longer, with a large head to it.

Q. When you observed them striking at Mitchell, what did you do? - A. I got forward as fast as I could, and Barnard being nearest to me, striking Mitchell, I struck at him, and seized him by the collar immediately.

Q.When you seized him by the collar, did he continue to strike? - A. No, he did not.

Q. Did any thing happen to you while you were in that situation with him? - A. As I held him by the collar, Pascow was near him; I cannot say whether he was on this side the gate or the other, I believe he got over, and after he was over, he did all he could to strike Mr. Mitchell; he struck him several times after he was over the gate.

Q.Did you receive any blows from any body? - A. I do not remember that I received any; I asked the officers if they knew them, and one of the officers said, he knew them both, Barnard and Pascow; at that time I received a cut across the the back of the hand, by which of these men I know not.

Q. What sort of a cut was it, and with what instrument was it inflicted? - A. It appeared to me to be cut with a very sharp instrument; I have lost the use of my hand ever since; it cut the tendons of my fingers.

Court. Q. Have you lost the use of your hand? - A. I hope I shall have the use of it again.

Q. In what situation was Mitchell at that time? - A.Securing the horses and examining the goods; Mr. Mitchell was very ill for some time, as he was beat so; Bunney came up the instant after me; I had fire-arms about me, but did not use them.

Court. Q. Do you believe that that cut was with a knife or a cutlass? - A. A. curious knife was found near the place the next morning by a farmer; he shewed it to a smuggler, and he got it away.

Court. Q. You do not know which of them cut you? - A. I cannot say, but I am of opinion it was Pascow.

Cross-examined by Mr. Pooley. Q. After you had collared Barnard, he did not resist? - A. Not with his stick.

Q.Pascow was the man whom you believed to have cut you? - A. Yes.

JOHN BUNNEY sworn. - Examined by Mr. Fielding. I was present with the last witness, Mitchell, and Parnell; I saw two men on horseback striking at something, but I did not know what; and before I could get up to Mitchell and Parnell, they had got off their horses; the first person I saw was Mitchell; I saw Barnard strike him three times; before I could have the power to reach Pascow, he got over the gate; the gate being fastened, I thought I should be in immediate danger to get over after him, as I perceived he had a long stick in his hand, and a nob at the end of it. Just after I got up to the gate, I saw him with both hands strike Mr. Mitchell several times; when I saw him strike Mitchell in such a manner, I called to him by his name; I told him, if he did not desist, and go off immediately, I would fire at him: then I took a pistol out of my pocket, and put it towards him, and when he saw that, he made off immediately.

Q. You did not fire? - A. No, I did not make any use of it; I saw Parnell catch Barnard by the collar; but how he came by the wound I did not see.

Cross-examined by Mr. Pooley. Q. Pascow was the most violent? - A. Yes, a great deal.(Mr. Pooley addressed the Jury on behalf of the defendant).

GUILTY (Aged 45.)

Confined two years to hard labour on the River Thames .

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

Reference Number: t17990220-56

188. JOHN TATE and JOHN CONNOWAY , otherwise IRISH JACK , were indicted, for that they, on the 23d of January , in the King's highway, in and upon George Barry did make an assault, putting him in fear, and taking from his person a clasp knife, value 2d. and six shillings in money , the property of the said George.(The witnesses were examined apart at the request of the prisoners).

GEORGE BARRY sworn. - I am a sailor in the King's service; at the time this happened I belonged to the merchant's service: On Wednesday, the 23d of January last, I was at Mrs. Thomas's, a private house, in Black-horse-yard, East Smithfield .

Q. Who was in your company? - A. The mistress of the house and another woman.

Q. There was no other sailor with you? - A. No.

Q. About what time of night did this happen? - A.Between eleven and twelve at night; the door was shut, and some person knocked at the door; the woman asked, who is there; some person answered, it is me, do not you know me; and she opened the door, and called out to me, here comes a press-gang; then four men came in, dressed in sailor's clothes; one of them sat down, and said, he would be half-a-crown to half-a-crown of mine for something to drink; I said, I would be a shilling; I took out a shilling, and gave it to the woman; he put his hand in his pocket, but took out no money.

Q. Do you know either of the two prisoners? - A. The shortest of the two prisoners, Tate, is the man that sat down by me, and offered half-a-crown.

Q. Was the other prisoner one of the four men that came in? - A. Yes; the woman brought liquor in, and put it down; then I gave the woman another shilling; the liquor was brought in, and I got up to go to the door to go away.

Q. Before the liquor was drank? - A. Yes.

Q. Did you take them to be a press-gang? - A.

No, I did not, because there was no officer with them; I did not like the look of them; the two prisoners followed me to the door, and took hold of me, one of each side, before I could shut the door after me.

Q.How did they lay hold of you? - A.By the collar, and by the left arm; Irish Jack had hold of me on the right side by the collar; they told me they would take me on board a tender; the other two men followed me, and dragged me down the yard.

Q. Had the two prisoners still hold of you? - A. Yes, they brought me against a shed, a boarded place; Tate then put his hand in my waistcoat pocket, and took out six or seven shillings, I am sure I had six shillings.

Q.Was it from the pocket that you had taken the shilling to pay for the liquor? - A. No.

Q.Had you taken notice of either of the shillings from any thing remarkable? - A. Yes, two of them; there was one with an M on it, scratched with an awl; the other was a crooked shilling, with R W stamped upon it.

Q.Had you observed these marks upon them before you lost them? - A. Yes, particularly.

Q. So that from these marks you could have known these shillings again? - A. Yes; Tate then put his hand in my right hand side pocket, and took out a shut knife; Connoway had hold of me at the same time.

Q. Had the other two men that came out any thing to do with it? - A. No, they had not; Tate said, here is a knife, perhaps he may cut our throats with it; Connoway then put his hand to my head, and put me up against the boards, while Tate struck me several times; they went away together.

Q.What became of the other two men? - A. I did not see them.

Q. Did you know either of them before? - A.No.

Q. Did you observe enough of them to be sure the prisoners are the same persons? - A. I am sure they are the same persons.

Q. How soon after this happened did you see either of them? - A. I saw two of them the same night, about a quarter of an hour afterwards.

Q. Where did you go to after they left you? - A. I went back to the house, and from the house I went into the street, and told the watchman that one of them was a tall man, of the name of Irish Jack.

Q. How came you to know his name was Irish Jack? - A. I heard him called so in the house; I did not describe the person of the other; I saw the two prisoners again about ten minutes after they left me.

Q. Where were they when they left you? - A. They were close by the watch-house, the watchman had hold of them.

Q. Have you since seen any money that you thought you had lost? - A. Yes, I described to the watchman in the watch-house the mark on the two shillings.

Q. Did any body shew you any shillings afterwards? - A. Yes, before the Magistrate, the next day; the next day I saw another of the men, one of the other two close by the place.

Q. He is not here? - A. Yes, he is.

Q.What is his name? - A. John Macdonald ; I told the watchman he was one of the men, and he took him away to the Magistrate's office; Tate pulled off his jacket in the watch-house, and he offered to give in to me if I would let him go; I said, it did not lay in my power; he said, he had no money, he would give me the jacket.

Q. You say that other man did nothing to you, why was he taken up? - A.Because he was in company with them.

Cross-examined by Mr. Bevill. Q. What time of night did you go to the house? - A.Between nine and ten.

Q. Are you a married man? - A. No.

Q. Had you not been drinking? - A. I was quite sober.

Q. So a sober man sat down and drank with four or five people, and gave them drink, and you think that an act of sobriety? - A. I wanted to get rid of the men.

Q. So, because you wanted to get rid of the men, you treated them? - A. Yes.

Q. What sort of a house was this? - A. A private house.

Q.There were no ladies there, I dare say? - A. There were the landlady, and the wife of a shipmate of mine.

Q. And so you went to sit with them? - A. Yes.

Q.And staid from nine till eleven? - A. Yes.

Q. So you persist in saying you were perfectly sober? - A. Yes.

Q. How much did you drink of these two shillingsworths? - A. None of it.

Q.What had you been doing with this landlady and your mess-mate's wife? - A.Drinking.

Q.Nothing else? - A. No.

Q. How many men were there that beset you when you got out? - A. Only four.

Q. Have you always said there were no more? - A. Yes.

Q. You did not go out of the house from the time you went in, till you endeavoured to make your escape? - A. No.

Q.Had you no conversation with any body but Tate? - A. No.

Q.How long have you had these two marked shillings in your pocket? - A. One of them for a twelvemonth, and the other a long time.

Q. How came you to have kept them so long? - A. I had no occasion to make use of them.

Q. I suppose you thought it rather odd, that two men who had robbed you and ill-treated you, should remain near the spot? - A. No, I did not.

Q. Were both of the shillings produced the next day? - A. No, only one.

Court. Q. How came you to put into the indictment a man of the name of James Innes? - A. John Macdonald told the Magistrate that he was with them.

JOHN HODGKINSON sworn. - On the 23d of January last, between eleven and twelve o'clock, Woods, the watchman, came to me, and said, there were some robbers, and we went and brought these two men to the watch-house; we found them near Black-horse-yard; there were four of them together; we brought them to the watch-house.

Q. Did you know what they were charged with at that time? - A. No, only from the information of the watchman; there were three watchmen went with me and the prisoners to the watch-house; in a few minutes after we had been in the watch-house, Tate said, he had no money.

Q. Was Barry there at that time? - A. Yes; Tate pulled off his jacket, and desired Barry to let him go, and went down upon his knees to him; I locked them up, and searched them; I found five shillings upon Tate in his waistcoat pocket, but I found no knife, nor shilling marked M, as Barry had told me.

Q.Had Barry described to you any other shilling besides one marked with an M? - A. Yes, he said there was one marked R W, and it was a crooked one.

Q. You are sure of that? - A. Yes, and I found among these five shillings a crooked shilling marked R W. (Produces them).

Q.When did you see any thing of Macdonald?

- Q. When I was coming from the office, after delivering that man up, coming through East Smithfield, I learned that he had been taken up, I did not take him.

JOHN WOODS sworn. - Between eleven and twelve o'clock I met Barry; he told me he had been robbed; I said, I would see him righted; he said, he heard one of the people called by the name of Irish Jack; I went and called an officer, and Mr. Johnson, the house-man, and in the mean time, Barry came up, and said, Tate was the man that robbed him; they were all four together then; there were Irish Jack, Tate, James Innes , and Macdonald; Johnson laid hold of Tate, and they had a little bit of a skirmish together, and Johnson fell down; I immediately caught hold of John Tate , Connoway came along quietly, and the rest ran away. (Hodgkinson produced a marked shilling).

Barry. This is the same shilling; it is marked R W.

Court. (To Hodgkinson). Q. This is a narrow passage, is it not? - A. Yes, it goes through into Nightingale-lane.

Tate did not say any thing in his defence.

Connoway's defence. I never saw the man in my life before. Tate, GUILTY Death .

Connoway, GUILTY Death .

Irish Jack was recommended to mercy by the Jury, on account of their being but one witness against him.

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

Reference Number: t17990220-57

189. WILLIAM HARPER was indicted, for that he, on the 28th of January , feloniously, willingly, and knowingly did personate, and falsely assume the character of one William Harper , a seaman on board the Powerful, the said William being entitled to certain prize-money due and payable on account of his said services on board the said ship .(The case was opened by Mr. Knowlys).

HENRY MADDOCKS sworn. - Examined by Mr. Knowlys. Q. You were employed by Messrs. Marsh and Creed to pay prize-money? - A. Yes, as agents of his Majesty's ship the Powerful.

Q. Had his Majesty's ship the Powerful made any prize? - A. Yes, a French East-Indiaman, called the Countess of Rochmandorff.

Q.What document have you to pay that prize-money? - A. I have a list made out by the captain of all the people intitled.

Q. Do you know the captain's hand-writing? - A. I do.

Q. Is that document signed by the captain? - A. It is, by the captain, the boatswain, and another officer.

Q. Do you know the captain's hand-writing perfectly well? - A. I have known it for years.

Q. By that list does there appear to be more than one William Harper in the crew? - A. No.

Q. There is one William Harper? - A. Yes.

Q. Did you attend on the 28th of January at the White-lion, in Wych-street, to pay the prize-money belonging to that ship? - A. I did.

Q. How do you make it known that you attend there to pay prize money? - A. We advertise it in the London Gazette, agreeable to Act of Parliament.

Q.Was Mr. Haydon with you on that day? - A.He was there at the time the prisoner came in

Q. Who is Mr. Haydon? - A. Navy-agent and printer, and sometimes he has lent me a hand.

Q. Were Mr. Smith and Mr. Hunt there at the time? - A. They came in afterwards, while the man was there.

Q. Look round first of all, and see if you know the prisoner? - A. Yes, perfectly; he came into the pay-room; I said, what do you want, my friend; he said, his name was William Harper , of the Powerful, and he came to demand his prize-money; upon which, I asked, what have you got to shew, where is your certificate that you did belong to the Powerful.

Q. Is it the course of business to require a certificate of a man that comes for prize-money? - A. I alway do, unless some officer of the ship comes with him, to vouch for him. He pulled out of his pocket this certificate, which I know to be forged.

(It is read): "These are to certify that William"Harper has served on board his Majesty's ship"the Powerful, in the capture of the French India"ship the Countess of Rochmandorss, and is enti"tled to a share of any such prize-money as is due"from the said ship. Given under my hand, this"17th day of December, 1797. W. Burke,"Purser of the said ship."

Q. Should the certificate, in the course of business, come from the purser? - A.Sometimes from others, where we know their hand-writing.

Q. Who was the purser of the ship, at the time of the capture? - A. Mr. Stanger.

Q. Who is the present purser of his Majesty's ship Powerful? - A. I do not know. Upon his producing the certificate, he said, he wanted his money; I told him, I should pay him nothing, but I should take care of the certificate, for, in my opinion, it was a forgery; he said, he would not go without his money; Mr. Haydon then said, it is impossible to be right, for I have received that money long since; the prisoner made no answer to that, but still insisted that he would be paid, before he left the house; Mr. Haydon said, he would send for a constable; I believe a constable was sent for, but they could not get one; he staid upwards of three hours, till we had done our business, and went out of the room, and then he followed us; I told him, he was in a bad plight, and he had better go about his business; he said, he would not go without the money, or I should give him his certificate back; one or other he would have. When we had done our business, Mr. Haydon went out of the room; this man followed, and I saw no more of him.

Q. Had the money, due to the real William Harper, been paid? - A. Yes; I had paid it all to Mr. Haydon long ago.

Q. How long have you known Mr. Haydon as a navy-agent? - A. Six or seven years.

Cross-examined by the Prisoner. Q. What time in the afternoon was it, when I came into the office? - A. I think it was about two o'clock.

Q. Who were in the office when I came in? - A. Myself and Mr. Haydon.

Q. Was there nobody else there? - A. Not at the time when he first came in; there were two or three gentlemen came in during the time that he sat there.

Q. At what time did I leave the office? - A.Between five and six o'clock; after Mr. Haydon left the room, he followed me.

RICHARD HAYDON sworn. - I live in Ivy-lane, I am a printer and a navy-agent.

Q. Were you present when Mr. Maddocks was paying the prize-money of the Powerful? - A. I was, at the White-lion, Wych-street, about one o'clock, on Monday, the 28th of January; the prisoner came in, and said, I believe to Mr. Maddocks, I am not sure which he addressed, we were both together; he asked if we were paying the Powerful that day; he was answered, yes, and asked what demand he had; Mr. Maddocks asked for his certificate, upon which he produced a piece of paper, which I never looked at.

Q. Did he say who he was, before he produced a certificate? - A. He said, he was William Harper , of the Powerful. I told Mr. Maddocks, he was not the man. I then addressed the man myself, and told him, this is the second time that you have come in this way, and we must now secure you; he sat down then, and said, he would stay till he got his money; I said, I would send for a constable; he stopped several hours; several gentlemen spoke to him about it; he said, he was not to be frightened out of his money; I asked him, who was the purser of the ship; he said, Mr. Burke; he was asked, if he would swear to it, and he said, he would take his oath, that Mr. Burke was the purser at the time of the capture; a great deal of that conversation passed, till near about six o'clock, when I went away, and then the prisoner followed me, and said, he would stick by me till he had got his money. When I had got upon Ludgate-hill, he was laying hold of me; I told him to be quiet; and then he cried out, robbers, and said, I had robbed him; a great number of people came round, and I asked if they knew any constable; several constables and patrols came up; I desired the constable to take charge of him, and he desired the constable to take charge of me, for that I had robbed him; the constable asked him, how I had robbed him; the prisoner said, I had forged his will and power while he was at sea, and done him out of his money.

Q. You were both of you confined? - A. Yes, and kept till morning, when we were taken before the Magistrate; the Magistrate asked him, what he had to say against me; he said, nothing, and I was discharged.

Q. This happened before one of the Aldermen,

I believe? - A. Yes, Alderman Staines; but the charge against him being in Middlesex, he was sent to Hatton-garden, to the Police-office.

Q. Had you told the prisoner, when you were with Mr. Maddocks, that you had received the prize-money for the real William Harper by virtue of a power? - A. Yes; somewhere about the month of October last, the prisoner came to my apartments before, and demanded the money, saying he was the real man; I told him then, you cannot come to personate little Harper, if you do, I will send for a constable.

Q. Do you know the person of the real Harper belonging to the Powerful? - A. Yes; I dare say I have been with him a hundred times.

Q. Is he at all like the William Harper who is now trying? - A. No; he is a very little man.(The prisoner was a remarkable tall stout man).

Court. Q. You are positive this is not the right man? - A. I am very certain of it.

Q. Did you hear what this man said in the office at Hatton garden before Mr. Blamire? - A. Yes.

Cross-examined by the Prisoner. Q. Who was in the office at the time I came in? - A. At the time he first came in I believe only Mr. Maddox and me; some other men or women might have been in, who came for money, I will not say positively.

JOHN TAYLOR sworn. - Examined by Mr. Knowlys. I am clerk at the office in Hatton-garden.

Q. Were you attending at the office when this man was examined upon this charge? - A. Yes.

Q. Was what the prisoner said taken down in writing? - A. Not in express words.

Q. Did you take down any thing in writing, as clerk, that the prisoner said? - A. Nothing at all.

Mr. Knowlys. (To Haydon.) Q.Will you tell us what the prisoner said when he was before the Magistrate, and what he did? - A.When the Magistrate questioned him whether he was the real man or not, he said, he was not, but was a relation of the real man.

Q. Did he produce any thing before the Magistrate? - A. The Magistrate asked him how he came to personate the man with that forged certificate; he said, he thought he should sooner get it that way than by a power of attorney that he had in his pocket from the real man; he had delivered up the power of attorney previously at Guildhall.

Q. That is executed by a mark? - A. Yes; I immediately said, it was a forgery, for the man can write extremely well; I have seen him write often, and have received letters from him; the Magistrate asked him how he came to lay hold of me in the street; and he said, he thought it would frighten me out of the money.

JOHN HUNT sworn. - Examined by Mr. Knowlys. I am a navy agent, No. 6, Lyon's-Inn; I was present when the prize-money of the Powerful was paying: On the 28th of January, the prisoner came in, and said his name was William Harper, and requested the prize-money due to William Harper, from the Powerful.

Q. Do you know who is the present purser of the Powerful? - A. Yes; the present purser's name is Burke.

Q. Did you ever see him write? - A. No.

Q. Do you know, of your own knowledge, who was the purser when the capture was made? - A. No.

Cross-examined by the Prisoner. Q. How long had I been in the office before I demanded this money? - A. I understood, from Mr. Maddocks, that he had been there some hours before me; I went into the office about four o'clock.

Q. That is the room where Mr. Maddocks usually does his business? - A. Yes.

THOMAS REDAWAY sworn. - Examined by Mr. Knowlys. I was on board the Powerful when she took the French East-Indiaman, the Rochmandorff.

Q. Had you any man on board of the name of William Harper? - A. Yes.

Q. Look at the prisoner at the bar, is that the William Harper that served on board that ship? - A. No, it is not; I do not know that man.

Q.There was only one Harper on board at the time? - A. No.

Q. How long were you on board her? - A. I belonged to her about fourteen months, and Harper was on board her all that time.

Q. Do you know if that Harper made a power of attorney to any body to receive his prize-money? - A. Yes; to Mr. Haydon, at the same time that I did.

Q.What was your purser's name? - A. I do not recollect.

RICHARD ROBERTS sworn. - Examined by Mr. Knowlys. I was on board the Powerful when she took the French East-Indiaman.

Q. Did you know William Harper on board that ship? - A. Yes; he was about my size, of a dark complexion.

Q. Look at that man at the bar? - A. The prisoner at the bar does not appear to me to be the same man that was on board that ship with me at that time.

Q. Do you recollect your purser's name? - A. I do not.

Q. How long did you serve on board her? - A. I went out with her, and came home with her; and afterwards went on board his Majesty's ship Argonaut.

Cross-examined by the Prisoner. Q. Was the prize taken to the leeward of St. Helena? - A.Neither the one nor the other, she was taken at anchor; we laid there twenty-three days ourselves, and she

came in the first day of August, and we took her the first day of August; she came in under the fort, and the fort fired a gun.

Q.Where did you come to an anchor at St. Helena? - A. Close by our ship.

Q. Was your ship to the windward or leeward of St. Helena? - A.There is but one road there.

Prisoner's defence. On the 4th of January last, I was at Portsmouth, in company with a man of the name of John Smith; after about an hour's conversation, he told me that he had a will and power, and certificate, from a name-sake of mine, which he supposed was a relation of mine; and that he would give it to me, as I was going to London, to put it into execution, provided I would let him have a little money until such time as I received the contents of the will, and he was to allow me sufficient for my trouble; I took the power and certificate, and came to London about four days after; I went to Marsh and Creed's with the certificate and power, and they told me it was not payable till the last Thursday in the month; then I went to the White-lion, and I saw that old gentleman, and asked him if the prize-money for the Powerful was ready; he asked me what my name was; I told him I was a man that had a power to receive it for William Harper ; when I shewed him the certificate, he said, it was a forgery; I did not produce the power, because I thought I had better produce it before the Magistrate, or the Alderman; Mr. Haydon desired me to sit down, and gave me a glass of wine; when I took hold of Mr. Haydon, and charged him with forging the will, I did not know that mine was forged, nor I do not think it is now; I am as innocent as the child unborn; I have made a strict enquiry after this John Smith , and he is gone on board the Fanny, a Guineaman.

GUILTY Death . (Aged 27.)

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

Reference Number: t17990220-58

190. CHARLES BRINDLEY was indicted for feloniously stealing, on the 12th of February , twenty-four penny pieces , the property of Thomas-Blewitt Mead .

THOMAS-BLEWITT MEAD sworn. - I keep the White-hart, Christopher's-alley, Finsbury-square ; the prisoner lodged in my house a year and a half, during which time I have been robbed. Of late I had missed a great number of penny pieces at different times, from the top of a chest of drawers in my own bed-room; they were all piled up in shillingsworths. On Tuesday night, the 12th of this month, I was watching for the prisoner's coming up in the room adjoining, which my servant sleeps in; he came up stairs into his own room, and, after pulling off his shoes and stockings, he came into my room; his room is at one end of a passage, about four yards long, and my room is at the other end; his door is to the left, and mine to the right; he went in without any hesitation round the bed to the drawers where the penny pieces were; I had the door open a little way exactly behind him; he took one shillingsworth, and put it into his right hand pocket; he then took a second shillingsworth, and he was putting it into his pocket, I jumped out upon him; they were piled up in shillingsworths, there were twenty-six shillingsworths in a row, and the odd shillingsworth was at the end; I said, Charles, is it possible that it is you that have been robbing me; I should as soon have thought my own father would have robbed me as you; I then called my wife, and she came up; she then called up my servant, Elizabeth Riley ; I said, Betty, you are now convinced I have not complained of losing money without occasion, and I have now caught the thief; I told him to go to bed, and I would talk to him in the morning; he strongly denied having taken any before; I had missed two shillingsworth the Sunday before, but I should have told you that I insisted upon his putting back the shillingsworth out of his pocket; he put them out of his pocket without any resistance on to the drawers; he went out in the morning to work as usual, at a dye-house in Old-street-square; he was a soldier twenty-three years in the guards, he was discharged last May; he returned in the evening, and I sent for him; I asked him what he thought of the business that happened last night; he said, he did not think any thing about it; I was talking to him about it, and about the girl having given warning in consequence of it, knowing herself innocent; I told him if he would only lay down the four shillings that I could swear had been taken within a night or two, and go away quietly, and never let me see him again, he might; he said, he would not; and I sent him to the watch-house.

Q.Was this man in his senses? - A. I always found him perfectly so.

Prisoner. I went into the room to see what it was o'clock; he was on the stairs when I went in.

Q.(To the Prosecutor.) Had you a clock in that room? - A. Yes; but there was a dial in the taproom that went very right, and he had a clock in his own room.

ELIZABETH RILEY sworn. - I am servant to the last witness; when I went up stairs I saw the prisoner with some penny pieces in his hand that were on the drawers; he said, he had never taken any before.

Prisoner's defence. I did not touch them at all; I had some penny pieces in my pocket of my own, and he took them from me; he said, if I would give him four shillings, I might go about my bu

siness, and I would not; it is a spiteful thing of him. GUILTY (Aged 50.)

Confined one month in Newgate , and fined 1s.

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

Reference Number: t17990220-59

191. JOHN, otherwise JOSEPH BROWN was indicted for feloniously stealing, on the 25th of January , a bay gelding, value 10l. the property of William Stevens .

WILLIAM STEVENS sworn. - I am a farmer at Poplar : I lost a bay gelding, but cannot tell whether it was taken out of my stables, yard, or field; my usual way with my horses is, to leave the stable-door open, and they run in and out of the stable as they like; the gates of my field were all locked, but not the stable-door. On the 24th of January, in the night, or early in the morning of the 25th, the horse was gone; my servant called me up about six o'clock, as near as I can guess, and told me of it; I said, which horse is it; and he said, Prince; and that very day, the 25th, I found my horse in Smithfield, tied up to the rail; I looked at him, and said to a man, of the name of Duffield, who is here, what is this horse to fell; he said, yes; I said, what do you ask for him; he said, thirteen guineas; says I, I should like to see him go a little, is he a found one; he said, he did not know; I said, is he a good drawer; he answered me, yes; pray how long have you had him; he said, sir, I had him this morning; says I, it is my horse, pray how came you by him this morning; he said, it was not his horse, but he was a servant to Mr. Life; I said, where is Mr. Life; he said, he would fetch him, but I would not let him go without me; I went with him to Mr. Life, at the King's-head, in Smithfield; he called to his master, and said, master, this is a stolen horse we have got here, this gentleman owns it; I had told the man, it was stolen from me, and I would swear to him; Life said immediately, I changed for him this morning, and I gave the man three guineas and a half, and a poney; I said, that is nothing to me, for if you do not find the man, I will keep you and your man both in custody; I sent the horse to the Rose and Crown, in Smithfield; and going across Smithfield with Life's man, he saw the prisoner at the bar upon a poney; Life's man went up to him, and said, that was a stolen horse Mr. Life had of you; I said, get off the poney, for the horse that you have been changing for him, belonged to me; says I, how came you by this horse; why, says he, I bought it yesterday in the afternoon, about three o'clock, at Epping; I said, who did you by it of, at Epping; he said, he did not know; says I, pray what might you give for it; he said, five guineas and a half. I then sent from the Rose and Crown, for an officer from Hatton-garden, and he was taken away. I never saw the prisoner before, to my knowledge.

Q. Are you sure that was your horse? - A. Yes, it was a bay gelding, about sixteen hands high.

Q. Are you sure it was on your premises, on the 24th of January? - A. I am not sure, for I have another farm; and I cannot say that I had seen my horse for three or four days; my servant is here, who looked after the horses.

JOHN LARKIN sworn. - I am servant to Mr. Stevens: I am certain I saw the horse that was lost, on the evening of the 24th, about seven o'clock; and when I get up in the morning, the first thing I generally do, is to get the horses in, and give them a feed; I got up about five o'clock, I found the other horses, but could not find that; it had been taken out at a gate at the bottom of the field, the gate was nailed up, with a chain to it; I saw the horse again, in the possession of the officer, at Hatton-garden; I know it to be my master's horse, I am sure it was the same horse. I never saw the prisoner till I saw him at Hatton-garden.

SAMUEL LIFE sworn. - I am a butcher, at Kingstand; I had a stable at the Bull, at Kingstand, I went, about nine o'clock in the morning, and the prisoner was there; he told me, he had got a horse in the stable that he would sell me; upon that, says I, I have got a little horse in the stable I will change with you; I had not seen his horse then; when I went into the stable, I saw the horse, says I, the horse is lame; he was lame of both his fore feet; I asked him, what I should give him difference, between my horse and his -

Q. Was your horse lame? - A. No, found; only blind of one eye. He said, I must give him six guineas; says I, your horse is not worth six guineas, I will give you three; I gave him three guineas and a half.

Q.What did you value your own at? - A. Three guineas. I gave him three guineas and a half.

Q. Who were present at that time? - A. My man and several more. I brought the horse to Smithfield-market, and tied it up to the rail at Smithfield.

Q. Did you buy the horse on purpose to make money of it? - A. Yes; I meant to have taken my own horse there.

Q. Did you know any thing of this man before? - A. I have seen him at our place several times.

Q. Had you bought any horses of him before? - A. Yes, some very low priced ones.

Q. Did you keep a shop at Kingstand? - A. No.

Q.What did you want a man for then? - A. I have other business, I go after killing of pigs, and what I can do.

Q. You do not want a man to kill the pigs? - A. I buy and sell pigs.

Q. That you can do without a man? - A. I want a man to help me drive them home.

Q. What business is the prisoner? - A. I do not know; he told me, he used to buy them to fell again.

GEORGE LONGDEN sworn. - I am an officer belonging to Hatton-garden; I was sent for to take the prisoner into custody, and I was directed by the Magistrate to take care of the horse.

EDWARD DUFFIELD sworn. - I am a butcher, I work for Mr. Life, he deals in different kinds of stock, he buys horses, or any thing.

Q. How long have you lived with him? - A. About three months; I went down to the Bull, at Kingstand.

Q. How many horses had you at the Bull? - A. Only two, I believe.

Q. Where were the rest? - A. We lend them to neighbours.

Q. Let them, you mean? - A. No, we never take any thing for them.

Q. How many did his stock consist of? - A. Five or six; he lent them for their victuals, as the weather was bad.

Q.What is the prisoner? - A. He told me he dealt in horses, and my master used to buy dog-horses of him; he deals in horses as he does in any thing else.

Q. You have not slaughtered any thing for Life a good while? - A. No.

Q. Have you done any act, as a butcher, since you have been with him? - A. No; he does not keep a shop now, he kills pigs for people, but does not keep a shop of his own.

Q. What do you know about this horse? - A. On the 25th of January, in the morning, I went to the Bull, to our stables, and the prisoner said, he had a horse in the stable to sell; I went into the stable and looked at it, while he was in the public-house; I said, I think Mr. Life will buy this horse of you, if you do not set too long a price; Mr. Life came down to the stables, and I told him there was a horse to sell; he went and spoke to the prisoner, and they agreed for it; he gave the prisoner three guineas and a half and a poney.

Q. What sort of a poney? - A. A very good poney, worth about three pounds, or three guineas, thirteen hands and a half high; he was blind of one eye.

Q. How long have you had him? - A. I think about three weeks or a month, I cannot speak to a week; we came to Smithfield in the afternoon with three horses; Mr. Stevens came up and asked me to shew him this horse out.

Q. Are either of the other horses claimed? - A.No, only that one.

Q.Was the horse that Stevens claimed, the same that your master bought of the prisoner? - A. Yes.

Q. How came you to tell Mr. Stevens it was a good drawer? - A. Only from thoughts; he was chased in the shoulder, and looked like a good drawing-horse, only he was lame.

Q.(To Stevens). Was your horse lame? - A. Yes; it is a little tender before, otherwise a very fine horse.

Prisoner's defence. The horse that I sold to Mr. Life, I bought at Epping on Thursday evening.

GUILTY Death . (Aged 22.)

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

Reference Number: t17990220-60

192. THOMAS HEAD was indicted for an assault in the dwelling-house of George Brown , upon John Cavill , on the 12th of January , putting him in fear, and taking from his person, and against his will, a silk purse, value 6d. and three guineas and a half , the property of the said John Cavill .

JOHN CAVILL sworn. - I am a wheelwright , I live at Bethnal-green: On the 12th of January, about nine o'clock, I went to the house of George Brown, who keeps the sign of the Three Colts, at Bethnalgreen , with a serjeant, whose name I do not know, to have a pint of porter; the prisoner was there; and after that the prisoner and I had a game at cards; he was at play in the tap-room with some person there, and I said, I would have a game with them; I did not know him before; we played a game or two, and I won sixpence; then he proposed to try me whether he should lose a shilling, or he quits, that is, nothing at all, and he laid down a shilling; the game was decided, and he agreed that I had won the shilling, and I took it up; I said, I had won it, and he did not contradict it; then I got up from the seat to warm my hands before the fire, and, in the course of about a minute he came and colared me, and said, he had won it; upon that he collared me, and pushed me back from where I sat.

Q. Were you sitting then? - A. No, I was standing; when he had got me back, he put his hand into my waistcoat pocket, and took out my purse, containing three guineas and a half-guinea; he then handed it away to another person in the room.

Q. Who was that other person? - A. I do not know.

Q. A man or a woman? - A. A man; he ran out of doors directly as soon as he saw a bustle; then I challenged the prisoner, and told him he had robbed me; I then went up to Serjeant Smith's house, and told him I had been robbed.

Q. Did not you charge him with it? - A. Not then, because I was a stranger there; I went to his house, told him I had been robbed, and I asked

him to go back with me; we went back to the same house, and I pointed him out the man.

Q. Then he was still there when you went back? - A. Yes; and then the serjeant went out and procured a watchman, and he was secured.

Q. Of course your purse was not found upon him? - A. No; I saw him deliver it away with my own eyes.

Cross-examined by Mr. Knapp. Q. What are you, besides a wheelwright? - A. I belong to the Tower Hamlets; I am a recruit; I entered on the 2d or 3d of January.

Q. How many persons were in the room? - A. I cannot say.

Q. Were there ten? - A. I cannot say; there might be eight, nine, or ten.

Q. Will you swear there were not? - A. No.

Q. Do you know that you have indicted this man for a capital offence? - A. It is the laws of the land that does it, not me.

Q. I take it for granted you had received your money on that day? - A. A part of it; I received four guineas, a seven shilling piece, and a shilling, about ten or eleven o'clock; I went to the Three Colts about nine at night.

Q.How many public-houses had you been in before you got to the Three Colts? - A.Only one, the Artichoke, which was my lodgings; I staid there till it might be seven or eight o'clock at night, and, to the best of my knowledge, I was not in any company after twelve o'clock.

Q. How many persons were you in company with before twelve o'clock? - A. Two of my serjeants, and another person, I cannot tell his name.

Q. You had a drop of drink there, had not you? - A. Yes, and something to eat too; we had a drop of brandy and water.

Q. How many tumblers had you? - A. To the best of my knowledge only two.

Q.Upon your oath, did you not drink part of six tumblers of brandy and water at that house? - A. I am sure there was no such thing.

Q. How much did you pay there? - A. I paid six or seven shillings, I believe.

Q.What had you for dinner? - A. A pot of beer and half a pound of mutton chops, but nobody eat but me.

Q. And you had no more brandy and water among you than two tumblers? - A. No.

Q. And three of you spent six or seven shillings? - A. No, they went away directly, it was my lodgings, and I owed 2s. 6d. for beer and victuals that I had had a day or two before, and I paid my serjeant ten or eleven shillings that I owed him; my liquor came to fourteen or fifteen pence among three of us.

Q. Do you mean to swear that you had no more liquor that day at the Artichoke? - A. I had no more than a third share of the two tumblers of brandy and water and a pot of beer.

Q. That you mean to swear? - A. Yes.

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

Q. Was he there? - A. I do not know, he was not with me; I saw him afterwards, but not at the time we had the liquor; he was in the tap-room when I had my dinner.

Q.Will you swear he was not in the house at the time you were drinking the brandy and water? - A. I don't know where he was; he might be a mile off for any thing I know.

Q. Do you know a person of the name of Sowers? - A. No; there were several persons came backwards and forwards.

Q. Do you remember, at the Artichoke, that, after you had drank a pot of beer, you called out, that you would fight with any body? - A. No.

Q. I should tell you, but I see you are not to be frightened, that I have witnesses to prove all this - Where did you go to from the Artichoke? - A. I have no more to say at all.

Q. Where did you go to next? - A. To where I was robbed.

Q. Did you go no where else first? - A. To the best of my knowledge, no where.

Q. You must know? - A. I did not.

Q. Were you perfectly sober? - A. Yes; I never went into any public-house but them two.

Q. I take it for granted, you did not play at cards with any other person but the prisoner at the bar? - A. Yes, I did.

Q. Before you played with the prisoner? - A. Yes, one Smith, he is here.

Q. Before you sat down to play with Smith, did you drink any thing at the Three Colts? - A. We had a pot of beer among six or seven of us, all drank that were in the house; there was only one person in the whole place that I knew.

Q. What did you play at? - A. All fours, for a pot of beer.

Q. Did you play more than one game with Smith? - A. I believe not; if I did, it was for a pint; I know I played for a pot of beer; but whether it was one game or two games for it, I don't know; then I played with Mr. Head, the prisoner at the bar, for a pint of beer, nothing else.

Q. I dare say you never drank any gin in your life? - A. Yes, I have.

Q. You did not play for any gin? - A. No.

Q. Not with any body in that house? - A. No.

Q. You know what tosting up is, perhaps too? - A. Yes; Mr. Head and I tossed up for a quartern of gin.

Q. You are sure it was not a half pint of gin? - A. Yes.

Q.Who won the gin? - A. I believe I did.

Q. You drank none yourself? - A. I did just take a drop, and that was all, for it was kept pretty well away from me: if there had been a gallon, it would have been gone.

Q. You did not play with Head for any thing but a pint of beer? - A. Yes, for sixpence first, and the double acquits.

Q.You first played for the beer, then toffed up for the gin, and then played for the shilling? - A. Yes, I believe it was so.

Q. I dare say you did not go double acquits for the gin afterwards? - A. No.

Q. Was that shilling to be laid out in the purchase of gin? - A. No, it was for dry money to put in our pockets.

Q. Did you drink any gin after that, upon your oath? - A. I did not.

Q.Nor any more beer? - A. Yes; after I had apprehended him for robbing me, I took a pint of beer.

Q.Then, after you had been robbed, you took a pint to drown the recollection of being robbed? - A. I was dry, and took a pint of beer.

Q. Then you mean to swear positively, that you neither played for any more gin, or drank any more gin at that house on that day? - A. I believe I did not, to the best of my knowledge; I had no more, I think, I could take a safe oath of it.

Q. Will you take a safe oath of it? - A. To the best of my knowledge I did not.

Q. I dare say you mean to swear positively that he robbed you? - A. That I swear positively, because I saw him do it.

Q.After the robbery, you did not attempt to secure the prisoner? - A. No, because they seemed to be all one side; they seemed to be all of a gang; they were all strangers to me, except one.

Q. Did you apply to that one person to assist you in apprehending him? - A. No, I did not.

Q.Upon your oath, when the prisoner was had before the Magistrate, did not the constable of the night take his word for his appearance the next day? - A. No, he was out upon bail.

Q. Who bailed him? - A.Serjeant Grant, of the Tower Hamlets.

Q. And he made his appearance the next day? - A. He was brought there by the watchman.

Court. Q.What led you into this house? - A. I had a thing or two pawned, and I was going to get them out; and when I came to this house, I met a serjeant, and he asked me to go in and have a pint of beer; that was the only reason of my going in.

Q. The proposal for play came from you? - A. They were at play, and I said, I would give either of them a game for a pot of beer.

Q. Do you mean to say that you were sober? - A. I was as sober as any man can be that ever was born of a woman.

HENRY SMITH sworn. - I am a serjeant in the second regiment of Tower Hamlets: On the 3d of January, Cavill enlisted, he received four guineas, a seven-shilling-piece, and one shilling in silver. On the 12th I went with him to his lodgings, at the Artichoke, he paid me eleven shillings and two-pence which he owed me; we had two shillingsworth of brandy and water, or rum and water, I don't know which, he and another recruit, who has deserted from us since, paid a shilling a piece, that was all the liquor we had; and about a quarter before ten, he came to me at my own house, while I was at supper, and said he had been robbed; I went with him to the Three Colts, and he pointed out the prisoner; I called for a pint of beer, and went out to look for a watchman, I was not gone above five minutes; I got a watchman, and Cavill pointed out the prisoner to the watchman; we took him to the watch-house, and had him searched, but found nothing upon him.

Cross-examined by Mr. Knapp. Q. How far is the Three Colts from where you live? - A. Only the length of the field, it may be about two hundred yards.

Q. When you came back, you found the prisoner there? - A. Yes, smoaking his pipe.

WILLIAM SMITH sworn. - I am a soldier in the second regiment of Tower Hamlets: I came into the Three Colts about eight o'clock, I might have been there about three quarters of an hour when serjeant Wheeler and the prosecutor came in together; Cavill and he had a game at cards for one pint of beer; and then Cavill played with me two games for two pints of beer, and when he had done playing with me he played with the prisoner at the bar; they played about eight games for a pint of beer each game, and sixpence, and then there was a wrangle about a sixpence; the prisoner won the shilling, and it was to be left to all the company to decide it, and then Cavill put the shilling into his pocket; every one of the company said he had done wrong in putting it in his pocket, for he had lost the shilling; then Cavill and the prisoner went tossing for half pint of gin, and then he tossed for another half pint, and then he tossed with a soldier belonging to the East London Militia for another half pint; there were three or four half pints, I will not be sure which; Cavill had put the shilling in his pocket, the company said, the prisoner ought to have his shilling, for he had won it, and then they had words; they took hold of one another's collar, and began to shake one another; the pri

soner gave Cavill a shove against the box, and he reeled against the box, there was nobody in the box but themselves; there was a little fifer belonging to the regiment in the next box with me.

Q. Did you hear Cavill say that the prisoner had robbed him? - A. I heard him say that he had lost his money, and the prisoner had taken it, and then he went and fetched serjeant Smith; serjeant Wheeler was gone, he was very much in liquor indeed; Cavill pointed out the prisoner at the bar as the man that had done it, and then he was taken into custody.

Q. Had the prosecutor his share of the gin? - A.There were four of them, and I believe he drank glass for glass with them, as far as I saw; I had one glass of it, and that was all.

Q. Had he his share of the beer? - A. Yes; there were eight or nine pints, and he had the pot to drink whenever he liked, as far as what I saw.

Q. Was he drunk or sober? - A. To say that he was sober I would not for the world; he was not so drunk but he knew what he was about; but he was not sober.

Jury. Q. Were you sober yourself? - A. Yes, as sober as I am this minute.

Cross-examined by Mr. Knapp. Q. When Cavill had fetched Smith, Cavill said, that is the man? - A. Yes.

Q. We have heard it stated here that he pointed to him but said nothing - are you sure he said, that is the man? - A. Yes.

Q. You are sure that he had a game with Wheeler before he played with you? - A. Yes.

Q. And he had his share of the beer and the gin? - A. Yes.

Q.There was a quarrel, and each laid hold of the other's collar? - A. Yes.

Q.Should you not have seen, if the prisoner had put his hand into the prosecutor's waistcoat-pocket, if it had been so? - A. I think I should have seen it.

Q. The prosecutor reeled? - A. Yes; and said he had lost his money.

Q. Did you see the prisoner hand the prosecutor's purse from his waistcoat-pocket to another person, and must you have seen it if he had? - A. I think I must.

Jury. Q. Did you see any person go away at that particular time when he was reeling? - A. No; I saw no person go out.

Mr. Knapp. Q. You are positive there were more than two games played by the prosecutor? - A. Yes; more than four.

Q. That you say upon your oath? - A. Yes; I think eight.

Q. Upon your oath, are you sure that the prosecutor had a share of all the liquor that was drank? - A. Yes; I think he had, to the best of my knowledge.

JOHN HOWSE sworn. - I am inspector of the watch at Bethnal-green: I went with serjeant Smith to the Three Colts; when we went in, the prosecutor was there, and he pointed out the prisoner at the bar; I told him he must go with me to the watch-house, and he did; and serjeant Smith, and the prosecutor went, and the officer of the night took the charge; the prosecutor said, he found his arms confined when the money was taken from his pocket; he booked the charge for robbing him of three guineas and a half, three duplicates, and a green purse; a serjeant and another man passed their words for the prisoner's appearance on Monday morning; I met the prisoner on Monday morning at the Three Colts, he went with me before Justice Brodie very quietly and peaceably, and never made any resistance.

The prisoner left his defence to his Counsel.

For the prisoner.

JOHN CLARK sworn. - Examined by Mr. Knapp. I am a soldier in the second regiment of Tower Hamlets, I lodge at the Artichoke public-house: On Saturday the 12th of January, the prosecutor came in, and serjeant Smith, and a grenadier and another went into a room where the prosecutor was, and I saw five or six shillingsworths of brandy and water go into the room where they were, I did not see them drink it; the prosecutor afterwards came into the tap-room, and called for a pot of beer, and drank the whole of it, and immediately caught hold of my collar, called me a b - r, and told me he was able to fight any man in the tap-room; after that, I went out and left him.

SAMUEL ARROWSMITH sworn. - I am a weaver, in Wilmot-street, Bethnal-green: On the 12th of January, about seven o'clock in the evening, I happened to go into the Three Colts, the prisoner was there; and some time after that, the prosecutor came in with one serjeant Wheeler, he came in and they were playing at cards; the prosecutor said, he had as much right to play as anybody; upon that, he played with serjeant Wheeler a game or two at cards; after that, he played with one Smith, a young man, a soldier, two games or three; after that, he played five or six games with the prisoner, and then they got up from cards and tossed up for half-a-pint of gin; they had played for a pint of beer each game, I believe, and drank it between their two selves; they tossed up for three half pints of gin, and each drank their share of it; then they sat down to play at cards for another half pint of gin, which did not come in, because there was a scuffle about the shilling, the prisoner won the game, and the prosecutor took up the shilling, and went to the fire-side; the prisoner said, give

me my shilling, for I have won it; the prosecutor said, I have won it; a dispute arose, and the prisoner put up his hands and took him by the collar; the prosecutor put his hands up just the same to him; they held one another for the space of a minute or two, and then the prosecutor dropped his hands, and said, I am robbed; the prisoner immediately dropped his, and said, of what?

Q. Are you sure that the prosecutor said, he was robbed, before the prisoner had got his hands from his collar? - A. I am positive of it. When the prisoner said, of what, he said, of my purse, and three guineas and a half; then the prisoner sat down, and never stirred till the patrol and serjean took him.

Q. Suppose the prisoner had taken a purse out of the waistcoat pocket of the prosecutor, were you near enough to have seen it? - A. Yes; there was nobody at all between us, and I am positive that not a soul went out of the house.

Q. If a man had gone out of the house at that time, and if the prisoner had put his hand in his waistcoat pocket, you must have seen it? - A. Yes, I stood as close to the door as I am to this pillar.

Q.Did you observe whether the prosecutor was drunk or sober? - A. He was drunk, I am positive, for when he went to the fire-place, he put his hands up to the mantle shelf to hold himself steady.

Court. Gentlemen of the Jury, I don't know that I need trouble you with any observations upon this Case, it rests upon that one man's evidence entirely, and you hear how materially he is contradicted. NOT GUILTY .

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

Reference Number: t17990220-61

193. JOHN SMITH was indicted for feloniously stealing, on the 31st of January , 19s. 4d. the monies of Cosmo Truppo .

COSMO TRUPPO sworn. - I was born in Italy, but have served his Majesty twenty-seven years. On the 31st of January, between eight and nine in the evening, the prisoner met with my servant in Castle-street, Oxford-market.

EDWARD BRUNTON sworn. Q. How old are you? - A.Foureen. I am servant to Mr. Truppo, who keeps a public-house ; I went to No. 44, Castle-street , with a quartern of brandy and a pot of twopenny; the prisoner came up to me, and asked me if I lived over the way, and I said, yes; he told me to bring a pint of rum, and change for a guinea, to Mrs. Tate's, No. 46, in Castle-street; I took the rum and the change; he asked me for the change, and desired me to go back and get a paper of tobacco and two pipes; he did not take the rum; I gave him the change.

Q.Where was he at that time? - A. Standing at No. 46; he wanted me to go for the pipes, and I told him, that he was a stranger to me, and I could not go by myself; I knew the people in the house very well, by living with my master two months; so he came over with me as far as the bar-window, then he wanted me to go in for the tobacco and pipes; I told him to go in with me for the tobacco and pipes, and give my mistress the guinea; he said, he did not like to go in; I told him again, I could not go in without him, because he was a stranger to me; so then he went back again, and knocked at No. 47, Mrs. Barr's; and says he, this is mine; that was the money, he meant he had the money in his hand; and as soon as he had knocked at the door, he ran away as hard as ever he could; I ran after him, and called out, stop thief, and had him stopped; Mr. Herbert, the butcher, happened to be making water, and he caught him.

Q.Then you never lost sight of him? - A. No.

Q.What became of the guinea? - A. He threw all the money away.

Q.Before he was stopped? - A. No; as soon as Mr. Herbert stopped him, he threw it away.

Q. What did your change consist of? - A.Half-a guinea in gold, and a seven-shilling piece in gold, one shilling and six-pence in silver, and fourpennyworth of halfpence.

Q. Are you sure the prisoner is the boy? - A. I am certain he is the man, I am sure of it.

JOHN EDWARDS sworn. - I was coming along, and this little boy cried out, murder, and stop thief; I saw the prisoner run from him, and I pursuad him; I had almost got up with him, when a gentleman caught him, and I came up and assisted him.

Prisoner's defence. I never saw it nor had it; I was walking along.

The prisoner called Thomas Tunstall , who said, he had not known him for the last twelve months, but before that time, he bore a good character.

GUILTY (Aged 18).

Confined one month in Newgate , and whipped in the Jail .

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

Reference Number: t17990220-62

194. JOHN RILEY , and BRIDGET, his wife , were indicted for an assault, in the dwelling-house of the said John, upon William Crawley , on the 26th of December , putting him in fear, and taking from his person, a 7s. piece and 2s. the monies of the said William.

WILLIAM CRAWLEY sworn. - I am an invalid in the navy : John Riley keeps a tobacconist's shop in St. Catherine's-lane ; I went in to ask him for thirty shillings that he owed me; I have known him about ten weeks; when I went in and asked

him for thirty shillings, he knocked me down, and his wife struck me likewise, and she put her hand in my pocket, and took out a seven shilling piece and two shillings; and then beat me, and turned me outside the door without my hat.

Q. Is that all? - A. Yes.

Q. That is impossible - What did he owe you thirty shillings for? - A. I gave him a two pound note to keep till I called for it; I went to ask him for it, and he let me have ten shillings; and I went again for the thirty shillings, and he struck me, and she knocked me down.

Q. Where was this seven-shilling piece of your's? - A. In my waistcoat pocket; and in getting her hand out of my pocket, she tore my waistcoat.

Court. Q.They did not ask you for any money? - A. No.

Cross-examined by Mr. Knowlys. Q.There were two other men went with you? - A. Three other men that are gone on board a ship.

Q. Who are they that are not gone on board a ship? - A.They are here.

Q. You went to Justice Staples, I believe? - A. Yes; and he told me, he supposed I wanted to get 100l out of the people.

Q. And he told you, you must indict them for an assault? - A. He told me not to indict them, if I did, I should hang them; and he said, I should get ample satisfaction for an assault.

Q. Who advised you to indict them? - A. I met a lieutenant, and he said, I was not done justice by; and I went to an attorney, and he sent me to the office in Hatton-garden.

Q. Who was the attorney that preferred the indictment for you? - A. Mr. English, of East-street, Red Lion-square.

Q.And do you mean to swear that he advised you to prefer a bill of indictment for a robbery? - A. He did not tell me to swear a robbery.

Q. Do you mean to swear that these people were ever taken up, till after you preferred your indictment? - A.No.

Q. Then Justice Staples had dismissed the first charge, and told you to prosecute them for an assault? - A. He told me he would take bail for them; I went, according to Mr. Staples's summons, and he said, Riley, I cannot bail you, you must go to prison; and they were bailed after I left the office.

Q.All his lodgers were about him at the time this happened, were they not? - A. NO, not all.

Q. There were a good many people present, when he robbed you in this way? - A.There were four or five present.

Q. When you went with a warrant, did you find him at home, and his wife? - A. She was at home, and Riley came in shortly after.

Q. Do you mean to say, that this is all that passed - Upon your oath, did not you go in and say, you came to drink with some of his lodgers? - A. No.

Q. Did not you go and sit down in the back kitchen? - A. No; he asked me if I had dined.

Q. Did not the first dispute begin between one of your companions and Riley, before you came in? - A. Yes, in another room; I went in to see some of my shipmates, and to ask him for my money; he shook hands with me, and then as soon as I asked for my money, she struck me, and he knocked me down; and the took the money.

Q. Where were you at that time? - A. Lying down upon the floor, when she took the money.

Q. Do you know there is such a thing as being indicted for perjury? - A. Yes; but I hope I am not come to perjure myself.

Q. Was she standing, or how? - A. I cannot tell whether she was standing or kneeling.

Q. Did you, while you were in the house, make any complaint of having lost your money? - A. Yes, I did, at the door; I said, Riley, you had better give me my money.

Q.Did you make any demand of a seven-shilling piece and two shillings? - A. I said, Riley, you had better give me my money.

Q.You had demanded thirty shillings before? - A. Yes, but that was the debt.

Q.When you were outside the house, did not you challenge this man to come out and fight you? - A. No.

Q. Will you swear that? - A. I will; I am not a man of that sort; I desired him to send me out my money and my hat.

Q. Do you mean to swear that you asked for your money then? - A. Yes.

Q.What money? - A. My seven-shilling piece.

Q. Did you name that? - A. That was my money, of course.

Q. Did you not say this, you would do for him and his wife, and they should not keep the house long? - A. I said no such thing; I said, I would indict them, when I got in the street.

Q. Did you not tell them, they should not keep that house long? - A. No.

Examined by the Court. Q.What day was this? - A. The 26th of December, about four o'clock, it was before dark.

Q.When was it you went to Mr. Staples? - A. The next day.

Q. When were they taken up? - A. In the course of that day.

Q.When were they discharged? - A.That night.

Q.When did you go to Hatton-garden? - A. I do not recollect the day of the month, it might be in about a week or a fortnight.

Q. Were they taken up then? - A. Yes, by a warrant from Hatton-garden.

Q. Were they discharged from there? - A. Instead of being brought to Hatton-garden, they were taken to Mr. Staples's; and then, in three or four days, they were bailed again.

Q.When did you go to Clerkenwell to prefer your indictment? - A.Last Sessions.

Q. Who told you there was a reward for a robbery? - A. Nobody told me of a reward.

Q.What countryman are you? - A. I was born in Ireland.

Q. You know you are sworn here to speak the truth? - A. Yes.

Q. Are you a Roman Catholic? - A. Yes.

Q. Do you know, that you are bound to tell the truth just as much as if you were to swear upon the cross? - A. Yes.

Q.Then tell me at what time it was this woman took this money out of your pocket; you told me first, that she struck you, and put her hand into your pocket; to that gentleman, you said you were knocked down, and it was taken while you were upon the floor? - A. I was lying upon the floor when she took the money out of my pocket; and she tore my waistcoat in getting her hand out.

ALEXANDER BURKE sworn. - Q.What are you? - A. A parishioner.

Q.What countryman are you? - A. A Dublin man.

Q. What business do you follow? - A. I was a seaman, I am now a housekeeper in Whitechapel parish; I sell bacon, and fish, and potatoes, and eggs, wholesale and retail: On the 26th of December, Crawley and another man asked me to work with them, we went down to St. Catherine's; he said Mr. Riley owed him some money; they were at dinner, and Mrs. Riley said, Murray was not her lodger, and desired him to go along; Mrs. Riley then hit Murray a slap across the face, and knocked him down.

Q.What did she hit him across the face for? - A. I cannot tell.

Q. Did not she say something? - A. She said that Murray was not her lodger, and he turned out; then Crawley asked for his money, and she hit him a slap in the face, and Riley knocked him down.

Q. What did she say to him - A. When he was down she took him by the hair of his head, and she flew to her knees, and got him by the hair of his head against her knees; she pulled his head against her knees, and Riley said, fleece him.

Q. It must have hurt him a good deal I think? - A. I cannot tell, he knows best himself.

Q.What did he mean by that, when he said fleece him? - A. I thought he meant to beat him; I understood beating is fleecing of people; I got to the door as soon as I could, and heard Crawley say, give me my money, that is all I heard; and then I crossed the street as smart as I could; and then I saw Crawley in the street between four sailors, I believe they are as far as I know, and he said he would prosecute Riley for a robbery and his hat; that he would indict him for a robbery and his hat, that was his word; Riley went into his house and brought him a hat out, and Crawley said it was not his; and then he brought another.

Q. You saw no robbery? - A. No; his waistcoat was tore.

Q. But you do not know how that was? - A. No.

Cross-examined by Mr. Knowlys. Q. She had both hands employed in pulling his hair? - A. Yes.

Q. How far were you from Justice Staples's house? - A. I cannot tell.

Q. You were nearer to the office than your house is? - A. No, my house was not half the distance.

Q. How long was it before you thought of going to a Justice to swear the robbery against this man? - A. I do not know; it might be the same time.

Q. How long after was it? - A. I cannot tell.

Q. Two or three days? - A. No, it was not.

Q. And the Justice sent you all about your business? - A. No, he did not; the Justice said, you had better go and make it up; he said, do you want to make a hundred pounds, or five shillings.

Q. You say you live in Whitechapel parish - is it not at Saltpeter-bank where you and the gang live? - A. No; I live at No. 69, Rosemary-lane.

Q. The corner of Saltpeter-bank, perhaps? - A. Yes.

Q. Your worthy countryman, Crawley, lodges with you? - A. Yes.

Q. Perhaps you have been tried yourself? - A. No.

Q. Were you never at Clerkenwell? - A. No; no, any where else.

Q. You know Smith, the officer? - A. Yes.

Q. And has not he laid hold of you? - A. Yes.

JOHN MURRAY sworn. - Q. What countryman are you? - A. An Irishman.

Q. Were you present at this business? - A. I went down there the same day that Crawley did, and I went into Riley's house, and they were going to dinner, and Mrs. Riley said, I was not one of her lodgers; with that, Riley knocked me down, and blacked my eye, and I went away into the street; I saw nothing about it.

Q. How many people were there in the house at the time? - A. I cannot tell.

Q. Were there half-a-dozen? - A. I saw four sailors like, that come at the time that I saw Crawley in the street.

Q. Did you go before Mr. Staples? - A. Yes.

JOSEPH DAWSON sworn. - Examined by Mr. Knowlys. I am a gardener; I was at Riley's house when Crawley and the others came in; they were going to dinner; he boards a great many people: Mr. Riley said to Crawley, have you dined; he said, yes, I have; he said, if you will go into the back kitchen till these people have dined, I would be obliged to you; he had three people with him; I went into the back kitchen; one of them staid behind, and Riley said, have you dined; he said, yes; he says, walk into the back kitchen; upon that, he said, d-n your kitchen; says Riley, if you don't like my kitchen, there is the door that you came in at, go out; then they in the kitchen made a great noise and riot with the cooks in the kitchen, and Crawley, as he was coming through the kitchen, called Mrs. Riley a w - e, and Mr. Riley a big-headed b - r; then Riley got up and gave him a shove out of his parlour into the shop.

Q. Was there any presence of a robbery at that time? - A. No, there was not a single word about money said by any of them.

Both NOT GUILTY .

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

Reference Number: t17990220-63

195. JOHN DALTON was indicted for making an assault upon Thomas Finch , on the 20th of December , putting him in fear, and taking from his person four bags, value 8d. and 2308 guineas , the property of Joseph Sage , William Gregory , Henry-William Atkinson , Reuben Fletcher , John Nicholl , and Richard Franklin .

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

Third Count. The property of the Keepers of his Majesty's Mints of London and Canterbury : and, in a

Fourth Count. The property of Thomas Finch .

No evidence was offered on the part of the prosecution.

NOT GUILTY .

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

Reference Number: t17990220-64

196. KITTY AUSTIN was indicted, for that she, on the 5th of May, 1790, by the name of Kitty Weadon , spinster, did marry John Austin ; and afterwards, on the 16th of July, 1797 , by the name of Catherine Weadon, spinster, feloniously did marry William Morris , her former husband being then alive .(The case was opened by Mr. Gurney.)

DANIEL PRICE sworn - Examined by Mr. Gurney. I act for the clerk of Stepney parish. (Produces the register). (Reads it)."John Austin and Kitty Weadon were published April 18, 25, and May 2, 1790. The said John Austin, of this parish, in the Hamlet of Mile-end Old Town, batchelor, and the said Kitty Weadon, of the same parish and hamlet, spinster, were married by banns this 5th of May, 1790, Ministers name, William Watkins . Signed, John Austin, Kitty Weadon. Witness, John Billing and Robert Burn ."

ANN EDKINS sworn. - Examined by Mr. Gurney. - I am the sister of John Austin; I was present at my brother's marriage.

Q.Where was he married? - A. At Stepney.

Q.Who was he married to? - A. Kitty Weadon.

Q. Do you see her here? - A. Yes, that is her,(pointing to the prisoner); I was at the wedding.

Q. When did you see your brother last? - A. The latter end of October, or November, twelve months ago, as nigh as I can recollect.

Q.Are you sure it was after August? - A. Yes, that I am quite sure of.

Q. And have you never seen him since from 1790, till last October? - A. No.

Cross-examined by Mr. Knowlys. Q. Your brother left his wife very soon after marriage? - A. Yes.

Q. I believe she was just fourteen at that time? - A. Yes.

Mr. Gurney. Q. Has she had a child? - A. Yes.

THOMAS AUSTIN sworn. - Examined by Mr. Gurney. I am the brother of John Austin.

Q. Do you know how long your brother was married before he lest his wife? - A. I cannot say.

Q. Was it two or three months? - A. Thereabouts.

Q.When was this child born? - A. I cannot say.

Q. Did you hear from your brother where he was gone? - A. Yes, I had a letter from him while he was at sea.

Q. Did you shew his wife the letter? - A. No.

Q. Do you know any thing of him lately? - A. He was on board Admiral Duncan's ship; I have searched the books after the victory, and found that he was alive then.

WILLIAM MORRIS sworn. - Examined by Mr. Gurney. I was married to the prisoner, at Bishopsgate-church, in the name of Catherine Weadon , spinster.

Mr. Knowlys. Q.Were you not told that she

was a married woman, but she believed her husband was deceased? - A. No.

Q. You are going to be married again? - A. No.

Q.Upon your oath, have you not been out-asked? - A. Yes; but I told the young woman that I was a married man, and could not go into that state; I went and made enquiries of the attornies, and they told me I was as bad as her if I did not prosecute her.

NOT GUILTY .

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

Reference Number: t17990220-65

197. WILLIAM BROWN was indicted for feloniously stealing, on the 18th of January , a cloth great coat, value 20s. the property of Henry Dillon , Esq.

HENRY EDMONDS sworn. - I am coachman to Colonel Dillon, Charles-street, Berkeley-square : On the 18th of January, between seven and eight o'clock in the morning, I opened the coach-house door; I could not draw the carriage out myself, nor with the assistance of my boy; I saw nobody near at that time; I went to the pump, just opposite the stables, to wash my face and hands, and then I went to the public-house, where I used to lodge, adjoining the pump; I went into the public-house to see if I could see any body to help me pull this coach out; on turning myself round, I saw the prisoner taking my box-coat from my box upon his arm; the carriage stands about four or five yards from the corner of the passage, leading to Lower Grosvenor-street; he was making his way for that passage; I followed him, and took him in the passage, with the great coat on his arm; I asked him what business he had with that coat, he made answer, but what, I cannot exactly say: I took him to Mr. Butts, a hackneyman, and he would assist upon my taking him to the watch-house; he sent a man with me, and I took him to the watch-house.

Prisoner's defence. I was going down through the mews, and this coat laid down before the carriage, and I picked it up, with intention of finding out the owner.

GUILTY (Aged 24.)

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

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

Reference Number: t17990220-66

198. THOMAS ROACH , alias SMITH , was indicted for feloniously stealing, on the 17th of January , a wicker basket, value 2s. and eleven quartern loaves of bread, value 7s. 9d. the property of Sarah Harris .

Second Count. Laying them to be the property of James Skelton .

JAMES SKELTON sworn. - I work for Sarah Harris, baker , Maiden-lane, Covent Garden; I pitched my basket in Covent-garden on Thursday, the 17th of January, about five minutes past eleven o'clock, while I went to serve a customer; I pitched them at a china-shop door; I left two baskets, one with eleven loaves, and the other with three in them; when I returned, the one with the eleven loaves was gone; I met a baker, I told him I had lost my basket, I described the basket; he said, Smith was gone into the Adelphi with such a basket; the prisoner is a baker by business, I knew him when he was in business for himself; another young man belonging to Mrs. Harris saw him go past him with a basket full of bread; and as he knew he was out of place, he wondered how he had got into bread again; I never found it afterwards.

Q. What was there about your basket that was remarkable? - A. The other young man had carried that same basket for a twelvemonth.

JOHN NEWMAN sworn. - I am a baker; I lived with Mr. Harris then, he is dead since I left him: On the 17th of January I was standing in Villiers-street, and saw the prisoner go by with a basket of bread.

Q. Did you know that basket? - A.Yes, I am positive to the basket; I have carried the same basket for above a twelvemonth every day; I said to a young man, Smith has stole a basket of bread, for he was out of place yesterday, I am sure he has not got into place again already; I saw Skelton about ten minutes or a quarter of an hour afterwards, and he told me he had lost his basket; I told him I had seen Smith with his basket.

Q. Are you perfectly satisfied that the prisoner was the man you saw with the basket? - A. Yes, I have known him these nine years.

Q. Are you positive that the basket you saw upon his shoulder was Mrs. Harris's basket? - A. Yes.

Prisoner's defence. I deny the charge that is alledged against me.

NOT GUILTY .

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

Reference Number: t17990220-67

199. SAMUEL ACOCK was indicted for feloniously stealing, on the 5th of February , a piece of sheet copper, value 4s. the property of George Oliver .

GEORGE OLIVER sworn. - I am a brazier and ironmonger , in Wapping ; the prisoner was a servant of mine, as a blacksmith : On Monday evening I came home about eleven o'clock; I was informed by one of my servants, that the boy in digging for some coals had put the shovel against a piece of copper; it was taken out and marked, and replaced; I went down to look at it myself; I

took it from the coals, and when I had seen it, put it there again.

Q. Could any body have seen it that passed by accidentally? - A. No, it was covered over.

Q.Where were the coals kept? - A. Behind the house, in a place very much exposed to the weather, and there was a great deal of snow among the coals; I got up in the morning and went to the top of the house, where I had the command of the yard, in order to watch; at nine o'clock the men went to breakfast, the prisoner remained in the shop till the last; about five minutes after the rest of the men were gone, I saw him come out of the shop, and go to the place where the copper was concealed; I saw him stoop down and take up something, but his back being turned towards me, I could not see what it was; he then went into the shop again, and I heard a noise, apparently like the found of the same copper, there was no other copper kept near the premises, I had other sheet-copper, but not in that part of the house; I saw him come out of the shop and come up the yard, and go out at the street-door, I desired one of the witnesses to watch him; there was afterwards found, upon the anvil where he had been working, coals and snow.

Q. Do you know what he had been doing with it? - A. It was not rolled up in a compass small enough to put under his coat, and he had been beating it to flat it; I know the found of copper well, and I am sure it was the same.

JOSEPH OLIVER sworn. - I am a brazier and ironmonger, I live with my brother: On Monday evening, previous to the discovery, the housekeeper sent one of our lads for some coals, and he brought a piece of copper to me; one of the gentlemen in Court went with me to weigh the copper, it weighed four pounds, it was then marked with my name, and a private mark, and put under the coals, where he had found it; the next morning, by my brother's desire, I concealed myself in the adjacent coal-hole about a quarter before six, and continued there till a quarter after nine, when I saw the prisoner take the same piece of copper from under the coals.

Q.Was the copper so far hid that it could not have been seen? - A. Yes, it was covered with coals and snow; I saw him carry it into the smith's shop, he knocked it up, and put it under his coat.

JOHN LAVERS sworn. - I was at the prosecutor's house when the boy brought in some coals, and a piece of copper; we sent for Mr. Joseph Oliver down, he marked the copper, I marked it after him, and we sent him to conceal it where it was; when the prosecutor came home, we went to examine it, and returned it into the same place, and covered it with snow and coals; the prosecutor requested me to stay at his house that night, being a stranger to the prisoner, that I might follow him in the morning to discover where he disposed of this copper: about a quarter after nine the next morning, I saw the prisoner come up the yard, I followed him; he went through three alleys, and at the bottom of Upper Well-alley he went into an iron-shop; I crossed the way, and went into a house with a servant of mine, to watch his return; a few minutes after, the man came out of the house, it is a Jew that keeps the house; he crossed the way, two doors below where I was, to a baker's shop, I suppose to get change, to pay for this copper; he returned to the house, and in a few minutes afterwards the prisoner came out; I walked to the farther end of the passage that be might not suspect I was watching him; I saw no more of the prisoner, but returned to the prosecutor to inform him of what I had observed.

Q. Have you got the copper here? - A. No; the search-warrant was about five minutes too late, the man had made off with it.

Q. When the man went out of the yard you did not see him take the copper at all? - A. No; what I waited to serve my friend for was, to get an opportunity of taking the receiver as well as the thief.

The prisoner put in a written defence, stating, that every person who worked for the prosecutor were in the habit of going backwards and forwards to the place where the copper was concealed, and declaring his innocence of the charge.

GUILTY (Aged 40.)

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

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

Reference Number: t17990220-68

200. JAMES TURNBULL was indicted for that he, on the 20th of December , upon Thomas Finch , feloniously did make an assault, putting him in bodily fear and danger of his life, and taking from his person, and against his will, four bags, value 8d. and 2308 guineas, value 2423l. 8s. the property of Joseph Sage , William Gregory , Henry-William Atkinson , Reuben Fletcher , John Nicholl , and Richard Franklin .

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

Third Count. Laying it to be the property of the Keepers of his Majesty's Mints of the Cities of London and Canterbury .

Fourth Count. Laying it to be the property of Thomas Finch.(The indictment was opened by Mr. Raine.)

Mr. Fielding. May it please your Lordship. Gentlemen of the Jury. From the indictment which has been stated, by my learned Friend, you perceive, that you are called upon to enquire of a robbery committed in the Mint, for which robbery the prisoner at the bar is indicted as

the principal offender; the two persons who have just retired from the bar, are not at all involved in the consideration of the guilt of the person at present standing there, they not being looked upon in the present case as principal offenders, but only as accessaries after the fact.

Gentlemen, You will find, in the course of your enquiry here, that the robbery complained of is of as bold an aspect as has been heard of late. It happened on the 20th of December last that the offence was committed; it has been told you, by my learned Friend, that the property upon the present occasion is described in three different ways in this indictment, on account of the manner in which the different persons concerned became possessed of the property; it was necessary so to describe it, conformable to the custom that has prevailed. The Governor and Company of the Bank of England are interested, because the bullion which goes from the Bank to the Mint in order to be coined, goes there in ingots, is delivered over to the officers of the Mint, who have the custody therefore of it, and when it is complete in its coinage, it is returned back to the Bank; so that you perceive, the Governor and Company of the Bank of England have a property in the bullion; that being delivered to the officers of his Majesty's Mint, they, as officers, become likewise possessed of, and have the custody of it; and, upon the present occasion, those gentlemen, who are called moniers of the Mint, have an immediate custody of it from the stage that I shall presently describe to you; and the gentleman upon whom the robbery has been committed, Mr. Finch, being an immediate servant of their's, and having the immediate charge, custody, and possession of this property, the robbery being committed upon his person, and the property, which I have so described, taken from him, the offence is complete, And you being satisfied that it is the property, so far as it will be necessary to consider the property, of the moniers of the Mint, or he, as having the custody of it, that will constitute the offence.

Gentlemen, It happened on the 20th of December, that the prisoner at the bar, who is a soldier in the third regiment of Guards , with another comrade of his, and two other men, I believe, belonging to the Guards, were employed in the press-room at the Mint; it being customary, in order to carry on the business of coining, to take the advantage of those men who are upon the spot, that they may come to turn what they call the fly. You, very probably know what that sort of instrument is, requiring a considerable degree of force to impress the likeness upon the coin; the gold being first cast, and then formed into blanks, it is delivered by a monier to this gentleman, Mr. Finch, in different bags, of different quantities, placed by him in a chest, where he sits and seeds the dies; and the impression being taken out, is put into another place: in this employ was Turball; on the morning of the 20th of December, his comrade, of the Guards, a man of the name of Daiton, was present; and it is the custom, in that office of the Mint, for the persons to go to their breakfast about nine o'clock; Mr. Finch being the immediate person superintending that business, dismissed them, as he thought, telling them that was the hour when they were to go to their refreshment; Dalton and Turnbull, and the other men, retired from the press-room for a little while; when the other two persons were gone, Turnbull and Dalton returned into the room; Turnbull advanced up to the spot where Mr. Finch was sitting, while Dalton kept the door; when he approached Mr. Finch, who had been sitting near the same place during the morning, Turnbull presented a pistol to him, and demanded the key of the chest; at first, Mr. Finch was not very much dismayed, he attempted, I believe, to seize the pistol, but not succeeding in that, the prisoner being a much more powerful man than himself; upon his recovering the pistol completely, he swore he would shoot him, unless he immediately delivered him the key; the key, I believe, was lying by him, and not immediately in his pocket: during this time, no assistance seemed to be offered by Dalton, and Mr. Finch began to waver, and was very considerably alarmed. I do not exactly know, he will describe himself, in what manner he behaved. There was another gentleman in the room, an elderly gentleman, of the name of Chambers, he seeing what was going on, made his advance to Turnbull, and interrogated him in this way: Are you mad, are you in your senses; what are you doing? upon which, Turnbull immediately forced him to retreat, I believe, forced him into a passage. Mr. Finch, when he saw that Turnbull had got possession of the key, he being upon his legs, was served in the same manner that Mr. Chambers was before; they were shoved into a passage, and there kept. When Turnbull had, therefore, the coast clear, and nobody to have offered the least sort of impediment, then he went to the chest and took away different bags; he had taken one bag out of this place before Mr. Finch had followed Mr. Chambers; then he took other bags away, I believe, to the amount, pretty nearly, of 2308 guineas. Here then, the offence seems complete. And with respect to the man who is now at the bar, you will have little more to enquire of, than the evidence relating to these facts. Here then the matter will first of all require the consideration of the learned Judge. I apprehend that no difficulty can, by any means, rise in the way of the most speedy determination. A robbery, as it is called in law, must be a taking from the person of another, by putting him in fear; but, as you very well know, I am sure many of you know, that the possession of a thing is not immediately limited to any definite space, but may, by construction, be carried farther or nearer; so it is with regard to personal possession, that is not confined to the actual limit of the body, but is co-extensive with the person's presence of the man; therefore, putting a personin fear, and taking from him that which is his property, and which he has the possession of in his sight, and in his presence, is certainly a taking from his person, and therefore will constitute a robbery. Why then, with respect to the crime itself in the outset, merely going upon these facts, it will be complete. This happened on the 20th: soon after the commission of this crime, Turnbull, with the property he had about him, made his escape; he happened to go one way, when Dalton went another; how it happened, it is not for me to guess, but so the fact appears; whether it arose from timidity, whether from alarm, or whether from honesty, it is impossible for me to say; he some how or other spread an alarm, and it was soon discovered. Soldiers, being necessarily about that place, came to the spot, and Mr. Franklin, the immediate superior of Mr. Finch, hearing some disturbance in the press-room, he went to the spot,

where he did not find Mr. Finch, Mr. Finch and Chambers at that time being in the place where Turnbull had put them: Turnbull effected his escape for that morning; of course, upon the discovery that was made, every activity was put in force in order to discover the man; he was not heard of from that time till the 5th of January following, when he was apprehended at Dover. He had arrived at Dover in a vessel belonging to a man of the name of Rufford; but Rufford not being contented to carry him to the coast of France, where he wanted to go, he made what enquiry he could at Dover to effect that purpose there; first of all by a servant of Rufford, he was led to a man of the name of Ward; Ward happened to have in his possession at the very moment of his application a description of the person of Turnbull, and a description of the robbery at the Mint, and therefore he immediately made his application to another man of the name of Collison, a constable, and another person was likewise called in, three of them together, who, instead of enabling him to escape to France, took him into custody. Upon taking him into custody, and searching his person, 1000 and odd guineas were found about him, upon which occasion, without much reluctance, he acknowledged to Ward and to the other persons that were with him, that he was the man who had committed the robbery at the Mint; they then took him to a gentleman, the Town-clerk, I believe, of Dover, and he was sent to town.

Here then, in the front of the case, will stand his confession, which will be complete evidence; but, upon the evidence of Mr. Finch, there will not remain the least doubt, that, without that confession, the evidence would be irresistible. Thus stands this most uncommon, this most andacious, this most intrepid robbery. At present, therefore, you will hear these circumstances from the evidence; and, I apprehend, no doubt can be entertained of the case, and it will be your duty to find him guilty.

Gentlemen, before now, some questions have arisen with respect to the parish in which this robbery was committed, that question, my Lord knows, is now perfectly at rest. Then, upon the present occasion, it is necessary for me to state to you what was the immediate situation of Mr. Finch: he is a young man, who is an apprentice to a monier; the moniers are described in the indictment by their names; they are, Joseph Sage William Gregory , Henry-William Atkinson, Reuben Fletcher , John Nicholl, and Richard Franklin. These gentlemen, who go on in the employ of the Mint, are immediately the superintendants of the coinage; they take to themselves a set of young gentlemen, who are brought up to succeed to these places. In this situation Mr. Finch was then acting; so that he certainly was in custody of all these several bags that I have described. These, gentlemen the moniers, are responsible for the failure of the lowest species of weight after the bullion is delivered to them; so that they have, to every intent and purpose, that sort of custody upon which the depredation mentioned in the present instance is imputed.

Gentlemen, I need not detain you any longer upon the present case, which is extremely simple, we not having to enquire at all of the other offences with which the two men who have retired from the bar stand charged.

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

Court. Q.Have you any indentures? - A. Yes.

Mr. Knowlys. Q.What are the names of the moniers? - A. Joseph Sage, William Gregory , Henry-William Atkinson, Reuben Fletcher, John Nicholl , and Richard Franklin .

Q. Were you engaged in the business of coining on the 20th of December? - A. Yes.

Q. Had you any blanks delivered to you that morning? - A. I had eight journies of blanks delivered to me to coin.

Q. What is a journey? - A. A bag.

Q. Do you know how much was contained in each? - A. Six hundred and sixty-eight blanks in each bag, to be made into guineas.

Q. By whom were they delivered to you? - A. By Mr. Franklin, one of the moniers.

Q. About what time did you begin to work in the press-room? - A. About seven o'clock in the morning.

Q. I believe it is necessary to have four people to work the fly? - A. Yes.

Q. Who were the four people? - A. The prisoner, Turnbull; a man, who turns out to be Dalton, but I did not then know his name; and two of the Tower Hamlets militia.

Q. What was your business? - A. To seed the fly.

Q. That is, I believe, to put a blank between the two dies, that it may be stamped with the proper impression? - A. Yes.

Q. At what end of the room do you sit? - A.Sometimes in one place, and sometimes in another. At the end where the fire is, there is a hole in the ground before the press, where I sit to feed the dies.

Q. Where were these eight bags of blanks at the time you were at work? - A. In the same room, at the other side of the room.

Q. How long did these people, who were managing the fly, stay in the room? - A.Till nearly nine o'clock, we always go to breakfast at that time; I told them all to go to breakfast; they all went out of the room.

Q. Was there a Mr. Chambers in the room at the time? - A. Yes, he is surveyor of the presses.

Q.What is the nature of that business? - A.He takes care of the dies.

Q. Has he any charge of the blanks? - A. No, that was my charge.

Q. After these people had left the room to breakfast, what happened? - A. In about a minute, or scarcely a minute, two of them returned; Turnbull came in first, and Dalton came in next, and shut the door.

Q. Did Dalton remain within side of the room?

- A. Yes; Turnbull then came up to me with a pistol, and said, give me the key, saying so once or twice.

Q.Where was the key? - A. It then laid before me, I had just taken it out of my pocket; I caught hold of the pistol, which Turnbull wrested from me in an instant: seeing the man at the door offer no assistance, I was so struck with fear, that I could not resist any farther; Turnbull then held the pistol to me again, saying, give me the key; he swore several times; I do not immediately recollect the oaths; he took the key up from off the press, where it laid before me, unlocked the chest, took out one bag, which he put within his coat.

Court. Q. Did you see him do that? - A. I saw him do that, he put it within his coat; I do not know whether it was a pocket or bag, or what.

Q. What was that which was contained in the bag he took? - A. Coined guineas.

Q.What year had you been coining that morning? - A. The date of 1798; I offered to move out of the hole where I was sitting, when Turnbull said, if you offer to stir, I will shoot you.

Q. Was that after he had taken possession of this one bag? - A. Yes.

Court. Q. Did he come up to you at that time? - A. No, he only took a step towards me.

Q. How many yards might the trunk be from you at that time? - A.Five or six yards.

Q. What passed after he had threatened you? - A. Mr. Chambers, who had been making breakfast, about four or five yards from Turnbull, came up with a poker in his hand, and said you are mad, man, what are you doing, consider what you are about; Turnbull put the pistol to Mr. Chambers's forehead, and shoved him into a passage; I then made for the door that goes out into the Mint.

Court. Q. Was that the door that Turnbull came in at? - A. Yes.

Court. Q. Was Dalton there then? - A. I did not see him there.

Court. Q. Did you see him in the room? - A. No.

Mr. Knowlys. Q. If you had got out at that door, you could have given the alarm? - A. Yes, I could have got to the monier; Turnbull came up to me, and holding the pistol to my ear, said, go in there too, pointing to the passage where he had put Mr. Chambers; I went in, and he locked the door.

Q. How long was it before you effected your deliverance? - A. We were let out in about five or six minutes.

Q.When you returned, what deficiency of money was there? - A. Four bags were gone, but part of one of the bags was spilt in the chest.

Q. How many were missing altogether? - A. I do not know exactly; Mr. Franklin weighed them.

Q.Turnbull had been at work two hours? - A. Yes.

Q. Are you certain he is the man? - A. I am certain he is the man, he had worked there several times.

Cross-examined by Mr. Gurney. Q.What is Mr. Chambers? - A. A surveyor of the presses.

Q. You had the charge of the money, in consequence of your being an apprentice? - A. Yes.

Q. And only in the character of an apprentice? - A. Yes, I am apprentice to Mr. Franklin.

Q. I believe the moniers do not trust the money with any body? - A. No.

Court. I do not hold that to be material; it appears, at present, that he has the charge and custody of the money.

Mr. Gurney. Q. The moniers frequently superintend this business? - A. Yes.

Q. It is not committed entirely to your care, the moniers superintend you? - A. Yes, they come in.

Q. From whence do the blanks come which were put there for the purpose of being stamped? - A. They come from the mill-room.

Q. Who superintends the mill-room? - A. The moniers.

Q. In all the stages of coining, the moniers superintend? - A. Yes, every thing, except the casting, I believe.

Q. Are the blanks given out by any particular monier? - A. I had these from the mill-room from Mr. Franklin; I was to bring them back when I coined them.

Q. Was Mr. Franklin to give an account to the rest of the moniers? - A. I do not know.

Mr. Knowlys. Q. Were any of the moniers superintending you at the time this robbery was committed? - A. No,

Court. Q. Suppose any of these guineas had been lost, are you responsible? - A. They may make me responsible.

Q. You are the person entrusted? - A. Yes.

RICHARD FRANKLIN sworn. - Examined by Mr. Raine. I am one of the moniers of the Mint.

Q. Give us the name of your partners? - A. Joseph Sage , William Gregory , Henry-William Atkinson, Reuben Fletcher , John Nicholl, and myself.

Q. Is the gold bullion sent from the Bank entrusted to you and your brethren, for the purpose of being coined? - A. It is.

Q. Are you and your brethren responsible for all that bullion that is so sent? - A. Yes.

Q. To whom are you accountable? - A. To the Bank.

Q. The last witness is your apprentice? - A. Yes.

Q. Do you remember on the morning of the 20th of December, what you entrusted to his care? - A. I do. On the 20th, about seven o'clock in the morning, I delivered to Mr. Finch eight bags of guinea blanks, each bag containing 668 pieces, for the purpose of being coined. About nine o'clock there was an alarm, I was in the millroom; I went to the press-room, which is about seventy yards, I believe, or thereabouts, where Mr. Finch was employed; I opened the press-room door, but did not see either Mr. Finch or Mr. Chambers there, the two persons who ought to have been there: in consequence of some information, I saw them let out of a passage that goes out of the press-room.

Q. Did you examine the place where these bags were deposited? - A. I opened the chest, I think it was shut; I opened it, and saw three bags and part of another at the bottom of the chest, and the contents of another bag in a tray at the press, and the bag lying by it; I took them up to the mill-room, and weighed them; I found deficient 2308 guineas

Q. Had you been in the press-room that morning yourself? - A. No.

Q.Therefore you had not seen the prisoner that morning? - A. No, I had not; I had seen him before, several times, coming to fetch the blanks.

Cross-examined by Mr. Alley. Q. Do you know whether the moniers are incorporated or not? - A. I believe we call ourselves so.

Q. Are you, or are you not, a corporation? - A. I should think not.

Q. Cannot you undertake to say whether you are or not? - A. I can say we are not.

Q. You received the gold from the Bank? - A. Yes.

Q. You receive gold from other corporate bodies, besides the Bank? - A. No, we do not; we received it from the Mint-office.

Q. When the Bank send you a quantity of bullion, you are to return a certain quantity of guineas? - A. We return weight for weight.

Q. That is, if they sent you 20lbs. weight of gold, you return them 20lbs. weight of guineas? - A.Exactly so.

Mr. Knowlys. Q. Is the press-room in the Tower of London? - A. Yes.

SIMON WARD sworn. - Examined by Mr. Fielding. I am a fisherman, at Dover.

Q. Look at the prisoner Turnbull, do you know him? - A. I know him by sight. On the 5th of January, about eleven o'clock at night, or between eleven and twelve, he came to me, and wanted somebody in regard of carrying him out of this country.

Q. He wanted a boat? - A. Yes, or any thing else. I suspected that he could not be any thing of any consequence, and I thought it might be Mr. Turnbull; I had a bill in my pocket at the time.

Q. What was he to give you, if you could have got a boat? - A.Thirty pounds. I applied to Mr. Hills, and apprized him of the business, and he went and informed Mr. Collison.

Q. Had Turnbull gone away from you after the first application? - A. Yes; he was to meet me again at my store-house, which he did; and Mr. Hills and Collison came to the store-house; we all met together, and they took him down to the guard-house, and examined him, to know whether he was the man or not.

Q. Then what did they say to him, when they took him to the guard-house? - A. They desired to search him, to see if he had any fire-arms about him, and they found upon him 1010 guineas in a belt round his body.

Q. Did Turnbull say any thing about this money? - A. He said, there were 1000 all but two guineas; and when we came to count them, there were 1010.

THOMAS HILLS sworn. - Examined by Mr. Knowlys. I am a constable at Dover; I was in company with Ward on the 5th of January.

Q. Did you apprehend Turnbull? - A. Yes, on the 6th of January, about one o'clock in the morning, in consequence of the information Ward gave me, I went to my brother officer, Collison, and then I went with him to Ward's store-house, there I saw the prisoner; I said to him, sir, are you ready? he said, yes, I am all ready, and spoke to one of the men to bring his trunk; and just as he got to the cill of the door, I collared him, and my partner took him round the body; I told him, he was my prisoner; we searched him, and he said, he had got a belt round his body, containing 1000 guineas all to two; (produces the belt); I counted them, and there were 1010. As he was coming up, he said, he thought he could save himself from death; that he would tell his concern, and he would have the money in a quarter of an hour.

Q.What did he mean by his concern? - A.That he would impeach the persons that were concerned with him.

Q.Repeat what he said? - A. He said, if he could be admitted an evidence, he would tell who his concern was, but he thought they might hear of his being taken, and he was dubious they might get away.

WILLIAM COLLISON sworn. - Examined by Mr. Raine. I am a constable of Dover; I assisted in taking Turnbull: After I had taken him, I threw him down upon some ice before the door, and when he got up, I said, you answer to Turnbull, by the

bill I have in my pocket; I thought it was him by looking at his eye, and further than that, I unbuttoned his coat and looked at his knee, he stood in at the knee; I then said, I am satisfied you are Turnbill; he said, yes, I am. We took him to the guard-house, and I begged the serjeant of the guards to let me have a room to search him; I put my hand into his breast, and I said, I thought you told me you had no tackle, by which I meant pistols, and he said, no, he had not; says I, what have you got here? then he said, there were 1000 guineas all but two, in the belt; I cut the straps and belt, and took them home and counted them; there were 1010.

JOHN NICHOLL sworn. - Examined by Mr. Knowlys. Q. Is your press-room in the city of London? - A. It is, and has always been so accounted; there is the old wall remaining now.

Mr. Gurney. Q. Is that wall eastward or westward of the press-room? - A. It runs in a direct line from north to south, so as to lead from the mill-room to the press-room.

Q. That you are quite certain of? - A. Yes.

The arguments of Counsel will be given at the end of the next Session.

Prisoner's defence. What I have to say is merely to clear the innocent. On the 20th of December I was employed at the Mint by Mr. Finch to go and get some strong men to work in the press-room. I went into the barrack with Dalton, and asked who would work at the Mint; Dalton said, he would go; we went to work, we finished six journies, and after that Mr. Finch desired us to go to breakfast. Now it was a customary thing for one to stop, but he told us all to go; I was in hopes he would have said, one of you stop, and then I should have done the business by myself, the two Tower Hamlets men went first; I used to go to breakfast with Dalton: when I had got outside the door, I said, Dalton, you come in here; says he, what do you want; says I, don't mind, come here, I told him to follow me, and he came into the room; he said again, what do you want; and I said, I had left something, he knew nothing at all about this; I pulled out a pistol, and presented it to Mr. Finch, and demanded the key; Dalton said, several times, what are you at, and then he ran away and gave an alarm to the serjeant of the guard. There is another thing; I wish to say something more concerning other people. There were about four very respectable housekeepers in the City of London concerned; I immediately went to one of their houses, and there I stopped till the 29th of December, and got a suit of cloaths, one hundred pounds worth of Bank notes, and about a hundred old guineas. I, and another that was unsuspected, went and agreed to get a boat. I went away with my accomplices, who are unsuspected people, and are now housekeepers in London; they are unsuspected at this moment; I said to them, gentlemen, I am going on a shooting party, and shall he glad of your company; several said, they were engaged otherwise; and, at last I persuaded Bryce and Pollard to go with me; I had a gun in my hand; and upon my promising to pay all the expences, they agreed they would go with me. When we had got into Essex, I left them, and went on board a smack, I agreed for my passage to France; I gave them 98l. worth of notes. Says the captain, I had 100l. for taking a man over that had committed murder, of the name of Thomas; he said, he lived at Dunkirk, and desired me to call upon him. I believe it was the captain's inclination to take me to France, but he came to me and told me his men were not willing to go, but he would get somebody else to take me over; he said, he had got somebody to do it for 30l. and this rascally captain, after he had got the 98l. kept it.

GUILTY Death . (Aged 29.)

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

Reference Number: t17990220-69

201. WILLIAM BRYCE and PETER POLLARD were indicted for that they, well knowing that James Turnbull had done and committed a felony and robbery, afterwards to wit, on the 20th of December , him the said James did feloniously harbour and maintain .

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

Mr. Fitzpatrick produced the record of the conviction of James Turnbull , which was read.

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

Q. What are their names? - A.Joseph Sage, William Gregory , Henry- William Atkinson , Reuben Fletcher, John Nicholl , and Richard Franklin : On the 20th of December, in the morning, I received from Mr. Franklin a great number of blanks, I put them into a chest in the press-room, in the Tower of London; Turnbull was employed that morning, with three others, to work the press, they came to work about seven o'clock, and a little before nine, I ordered all the men to go to breakfast, they all went out; in about half a minute Turnbull came in first, Dalton followed, and shut the door; Dalton stood by the door, Turnbull came up to me with a pistol, saying, once or twice, give me the key.

Q. What key was that? - A. Of the chest which contained the money; I then caught hold of the pistol, he wrenched it from me; holding it to me again, he says, give me the key; the key laid upon

the press-block before me; he took up the key, unlocked the chest, and took out one bag, which he put within his coat.

Court. Q. Was the key in your sight, and in sight of the prisoner both? - A. Yes.

Mr. Knowlys. Q. Was the box, from which this bag was taken, in your sight, and in the same room? - A. Yes; I then offered to move out of the hole where I was sitting to feed the dies, and Turnbull, stepping towards me, said, if you stir I will shoot you; Mr. Chambers was making breakfast at the fire-place.

Q. How much did that bag contain? - A. Six hundred and sixty-eight coined guineas.

Q. When Turnbull was gone, how much was missing from the chest? - A. There were four bags; but part of the contents of one of them was spilt in the box.

Q. Were you the person intrusted with this money in the absence of the moniers? - A. Yes.

RICHARD FRANKLIN sworn. - Examined by Mr. Raine. I am one of the moniers of the Mint.(Repeating the names of his partners).

Q. Is the gold sent from the Bank intrusted to you and your brother moniers? - A. It is: On the morning of the 20th of December, I delivered to Mr. Finch a quantity of gold blanks to be coined into guineas; there were four bags, each containing six hundred and sixty-eight pieces.

Q. About what time did you deliver these bags to Mr. Finch? - A. About seven o'clock in the morning; and about nine, in consequence of an alarm, I went down from the mill-room to the press-room, and I missed Mr. Chambers and Mr. Finch; I saw one of the labourers unlock the door of the passage that leads from the press-room to another part of the Tower, and let them out of that passage; I took up the money, and found deficient two thousand three hundred and eight guineas.

JOHN NICHOLL sworn. - Examined by Mr. Knowlys. Q. Is this press-room in the City of London? - A. It is.

WILLIAM LE SADD sworn. - Examined by Mr. Knowlys. I was a labourer in the Tower on the day of the robbery.

Q. Do you know the Cat's-hole public-house? - A. Yes.

Q. Do you remember any person coming into that public house? - A. Yes; about eight minutes after nine in the morning, a man came in dressed in soldier's clothes.

Court. Q. How far from the Tower? - A. About forty or fifty yards.

Mr. Garrow. Q. How far from the press-room of the Mint? - A. Not above five or six minutes walk.

Mr. Knowlys. Q. Who did that man turn out to be afterwards? - A. Turnbull, I believe; but I have never seen the man since, (Turnbull was ordered to the bar); I do not know the man.

Q. Did you, by the desire of that soldier, do any thing? - A. I went to No. 64, East Smithfield, for a great coat, and desired the gentleman of the house to come himself with it, as soon as possible.

Q. Did you find the man you were sent for at home? - A. No; I left the message with the shopwoman.

Q. Did any body, after you had left the message, come to Cat's-hole? - A. Yes, a man.

Q. Look and see if you see that man? - A. Yes, that is him, Bryce; I asked him if he was the person that I had been for; and he said, my man told me that a porter said a soldier wanted me at Cat's-hole; I told Bryce, I had heard, since I had come back, that the soldier that I had gone of the message for had robbed the Mint; Bryce then said, d-n the fellow he may know me, but I do not know him; then he went towards his own home, and I never saw him after.

DANIEL PICKERING sworn. - Examined by Mr. Raine. I am a waterman at Gravesend.

Q. Do you remember, on Saturday the 22d of December, being applied to, and by whom, for a passage across the water? - A. I do not recollect any thing about it.

Q. Do you know one Drake? - A. Yes, very well; I have been to his house several times.

Q. Did you happen to see Drake on the 22d of December? - A. No; I saw him on the Christmas-day.

Q. Did you happen to see him a few days before Christmas day? - A. I saw him about the 21st; he applied to me for a passage across the water, to any part that would suit me, it did not matter where.

Q. Did you assent to that application? - A. I did not.

Q. Did you apply to any other person? - A. I did.

Q. After seeing Drake on Saturday the 22d, did you apply to any body for a passage across the water to any part, no matter where? - A. No, I did not.

Q. Do you know one Rufford? - A. Yes, very well.

Q. Did you make any application to Rufford? - A. I stated to Rufford a job that I might have had.

Q. You saw Drake again afterwards? - A. Yes, on Christmas-day; and I then refused it.

Q. Did you direct Drake to any other man? - A. Yes, to Rufford.

WILLIAM RUFFORD sworn. - Examined by Mr. Garrow. I am a fisherman, at Stroud, in Kent.

Q. Do you know either of the persons at the bar?

-A. Yes, I know them both very well; Mr. Pollard and Mr. Bryce. (Turnbull ordered to stand at the bar).

Q. Do you know that person? - A. Very well; I saw Bryce, Pollard, and Turnbull all together; Drake introduced me to Bryce and Pollard.

Q. When did you first see Drake? - A. On Christmas-day, at the Ship, at Stroud; he said, I am informed you have got a nice pretty pleasure-boat; he said, will you go to sea with a parcel of gentlemen upon a party of pleasure; I said, yes, I will go; Drake said to me, what will you have for the use of your boat; I said, I do not know what to ask you; Drake said to me, captain Rufford, I will give you a hundred pounds if you will go; he said, I will be down in three or four days time, and let you know about a piece of business.

Q. Was any thing mentioned, in that conversation, of the place where your boat was to fail from? - A. They were to get in at Holly-haven.

Q. Who proposed that? - A. Mr. Drake; I saw him again on the Friday after Christmas, that was three days after I told Mr. Drake I did not care much about the voyage; and he said, if you will go with me to London, and don't like the voyage, here is a guineas to pay your expences.

Q. What were you come to London for with Drake? - A. To take some gentlemen upon a party of pleasure; Drake and I came with a post-chaise from Stroud to Dartford, and then we took the stage to London; I went to Drake's house, and after I had been there about half a hour, Mr. Bryce came to me to Mr. Drake's house, the Bell, in Thames-street.

Q. In the City of London? - A. Yes.

Q. What pasted when you, Drake, and Bryce, were together? - A.Bryce said, captain, will you go up stairs, and drink a bottle of wine; I said to Bryce, who is to pay me for this voyage that I am going upon; Bryce said, captain, I will pay you one fifty pounds to-morrow morning, at ten o'clock; and when we all go on board, you shall have the other fifty pounds, Mr. Bryce told me, that a chaise should be ready the next afternoon at three o'clock.

Q. Where did you meet any of the parties again the next day? - A. About seven o'clock the next morning, Saturday the 29th.

Q. Was any appointment made to meet at Drake's? - A. No; I was there the next morning at nine o'clock, and Bryce came at ten; he gave me a forty pound, and a ten pound, Bank of England note, they were to go in the chaise at three o'clock; I went at three o'clock, and he said, the chaise would not be ready before six.

Q. Did you stay at Drake's? - A. Not all the time; Bryce came to me about half past five, and said, the chaise is ready, captain, are you ready to go; then Bryce and I went to the Inn, and the chaise was ready in about five minutes time, and we got into two chaises; we found at the Inn, Pollard and Turnbull, and a person unknown to me, but I knew those three extremely well; Bryce, and the person unknown, went into the first chaise; Mr. Pollard, myself, and Turnbull, were in the hind chaise, and the other chaise kept the head of us all the way; we travelled, as near as I can tell, three or four and twenty miles before we shifted horses, both chaises stopped at the same place; we alighted and had a dish of tea, and, in about five minutes, we were in the chaise again; we were not five minutes out of one chaise before we were in the other; we drove on together about twelve miles further, I do not know the name of the place.

Q. What time did you arrive at the end of your journey? - A. Between two and three o'clock in the morning, I believe near three; it was on the Sunday morning, the people were gone to bed; we knocked at the door, and they turned out, and we had a glass of gin a piece; Bryce then asked the landlord if he could find us a guide to go over the marshes to Holly haven; the landlord said he would go himself, what would you please to give me; Bryce offered him seven shillings; the landlord said he would not go under half-a-guinea; and then he hired the countryman to carry their coats.

Q. Who hired the countryman to carry their coats? - A. Bryce; he asked half a-crown, and he gave him four shillings.

Q.It must have been cold weather - did you set out to walk across the marshes? - A. Yes, it was very cold; we got to Holly-haven a little before five o'clock in the morning, as near as I could guess, it was a long time before day-light.

Q. When you got there, who paid the landlord, and the man for carrying the coats? - A. Bryce.

Q. How far might that be from where you got out of the chaise? - A. About six miles.

Q. What was the name of that place? - A. Richmond Sluice-house.

Q. All parties were very sung there? - A. Yes, very comfortable.

Q. Did you find your boat there? - A. No; she did not come till three o'clock in the afternoon.

Q. Had you any reason to expect your boat would have been there? - A. Yes; I expected she would have been there, because Mr. Drake gave her orders to go round there before we came to town.

Q. What was done in consequence of that? - A. Pollard and Bryce went out shooting at times.

Q. Did all the party breakfast together? - A. Yes.

Q. Did you all dine together? - A. Yes; all in one room.

Q.Was any thing done to hasten the boat round? - A. Yes; Bryce went round himself to Gravesend, to see if the vessel had gone round.

Q. Where about is Holly-haven? - A. Upon the Essex coast, just before you come to Lee.

Q. How is that by Gravesend? - A. Nearer the Nore.

Q. How did Bryce get from Holly-haven to Gravesend? - A. By one of the wherries.

Q. Did he come back before your boat arrived? - A. No; I never saw his face after till the other day.

Q. You had received fifty pounds - did he give you any more? - A. No; he gave the other fifty pounds to Turnbull, in my presence.

Q. What did he say he gave it to him for? - A. He gave it to Turnbull to give to me when they should be on board the vessel, I thought they were all going on a party of pleasure; before Bryce went away, he borrowed of me a two pound note, least he should be short of cash; when my boat came, my people came on shore, and had a bottle of wine; just before six o'clock in the evening, my two men, my son, myself, and Mr. Turnbull went on board.

Q. Where was Pollard then? - A. He came down to the platform, and the gentleman unknown; they shook hands with Turnbull, and they went away.

Q. Then none of them went upon this failing party but Turnbull? - A. No; I thought they were all going; I got under weigh, and lay at Sheerness, made fast, and continued there all the next day, Monday; it blowed very hard, and Turnbull was very sick.

Q. If he was sick, I suppose he went on shore? - A. No; he said he was afraid of getting cold; and on Tuesday morning we set fail, and got to a place called Ramsgate.

Q. Did Turnbull go on shore at Ramsgate? - A. No; he said he was afraid of catching cold; then we went on to Dover, we got there on Thursday about eleven o'clock in the morning; as soon as I got there, I hauled my boat up, and got on shore; then Turnbull said, captain, what house do you use; I said, the sign of the Gun; he said, captain, I will come to you there in half an hour, and he came there to me.

Q. What name did he go by? - A. I never heard his name in my life till he was taken up.

Q. What happened at Dover? - A. We had a very comfortable dinner, and plenty of liquor, and walked about the town.

Q. What application did Turnbull make to you respecting the boat? - A. He asked me if I would put him into Dunkirk, or Calais, or Ostend; I told him there was a fair wind, but I could not without a proper pass for my people; he said, he would endeavour to get a pass; and he wrote a letter, desiring me to give it to Mr. Pollard, or put it in the post when I got home.

Q. Should you know that letter again? - A. No; I can neither read nor write.

Q. Did he say any thing to you about any thing he had left behind? - A. Yes; he said he had left seventeen hundred guineas in the hands of Mr. Pollard, in a trunk, or chest, I did not know which.

Q. There was a fair wind for the other coast when he told you that? - A. Yes.

Q. How soon after did you find him in custody? - A. The next morning I heard that he was taken and I was applied to to know if I had got any property of his, and I gave the constables the letter I had of him, Mr. Hills and Mr. Collison.

Q. The letter that you gave to the constables-was that the same you received from Turnbull? - A. Yes.

Q. What did you do with the fifty pounds you received in London? - A. I put that, and the other fifty pounds, both into the hands of Sarah Brown , my wife's mother, at Sheerness, the next morning after I set off from Holly-haven, except two pounds that I lent to Bryce.

Q. Was that in notes or money? - A. Notes; I never saw any of his money.

Q. Look at the prisoners again, and see if you are sure they are the two persons that you went in the chaises with? - A. Yes, I am positive sure of it.

Cross-examined by Mr. Const. Q. You will be so good as attend to what I am going to ask you? - A. I have told the truth.

Q. And you have always told the truth? - A. Yes.

Q. When did you see Drake with all these prisoners? - A. I did not see Drake with them.

Q. Tell me where you saw them all four together? - A. Drake was not with them.

Q. Did you ever see Turnbull and Drake together in your life? - A. I never did.

Q. Did you ever see Drake and Pollard together in your life? - A. No.

Q. You had only 981. for this job instead of 100l.? - A. No, I had not.

Q. For going from Holly-haven to Dover? - A. Yes.

Q. You gave all the money to your wife's mother? - A. Yes.

Q. Do you remember being examined at the office at Wapping? - A. Yes.

Q. Did you give none of it to Mr. Parker? - A. None; my wife gave some to Mr. Parker.

Q. Did you not say there, that you had a 40l. note, and that you had kept it yourself till you gave it into the hands of Parker? - A. No, I did not say so.

Q. You never said so? - A. No, I never did say I gave it to Mr. Parker.

Q. Then all the conversation with Drake was in the absence of these persons? - A. To be sure, it was only Mr. Bryce.

Q. When you were in town there, you only saw Bryce? - A. Nobody else.

Q. You never talked with Pollard at all, till you were setting out? - A. No; I take it to be his house, I am not certain.

Q. You did not know what Turnbull was about? - A. I thought they were all gentlemen.

Q. And for any thing you know, they did not know what he was about? - A. Not to my knowledge.

Q. You did not carry the letter to the person it was intended for? - A. I gave it to the constable.

Mr. Garrow. Q. You say, you never personally delivered it to Mr. Parker? - A. I never did say so.

Q. Do you know whether any of your family delivered it to Mr. Parker? - A. Yes, I was there at the time.

JAMES RUFFORD sworn. - Examined by Mr. Knowlys. I am a fisherman at Stroud, brother to the last witness.

Q. Do you recollect any person coming to you, at any time, to apply about your brother's boat? - A. Yes, on Christmas day.

Q. Did you ever see that person again? - A. Yes, the second time.

Q. How long after Christmas day? - A. I cannot justly say.

Q. Did that person and your brother go any where together? - A. They went to a public-house.

Q. Do you recollect your brother going to London? - A. Yes.

Q. Did any body go with your brother to London? - A. Yes, the same person that applied about my brother's boat.

Q. Do you remember your brother's boat being ordered to Holly-haven? - A. No.

Q. Did any person come to you afterwards, to enquire about your brother's boat? - A. Yes.

Q. How did that person come to your brother's? - A. He came enquiring after me, whether my brother's boat was gone away.

Q. Who was that gentleman-look at the persons at the bar? - A. I cannot say I ever saw the gentleman but that once in my life, and therefore I cannot swear to the person; I saw him but once.

Q. Have not you a belief about it? - A. No, I have not.

JOSEPH BROOME sworn. - Examined by Mr. Raine. I am a mariner, in the employ of William Rufford : I went to meet my master at Holly-haven, the end of December last; I there saw Mr. Pollard with two more gentlemen.

Q. Did either of these two persons go away with your master? - A. Yes, the tall man.

Q. Did you observe any thing particular with respect to Pollard? - A. Yes, as far as I could see, they were shooting. I had been shooting the day before, and finding they had no success, I gave a thrush and some other birds to Mr. Pollard.

Q. Have you seen the man that went away from Holly-haven in your master's boat, since? - A. No.(Turnbull again ordered to the bar).

Broome. That is the same man.

THOMAS HILLS sworn. - Examined by Mr. Knowlys. I am a constable at Dover; I apprehended Turnbull; I received a letter from Rufford.

Q. How much money was found upon Turnbull when he was apprehended? - A. One thousand and ten guineas.

Q. In what way had he stowed it? - A. In a belt round his body inside of his shirt, with gallowses over his shoulders; they were quite new guineas, 1798.

Q. What did you do with the letter which Rufford gave to you? - A. I saw my brother officer, Collison, give it to Mr. Powell.

Q. Should you know the letter again? (shewing it to him) - A. I cannot swear to it

Cross-examined by Mr. Knapp. Q. How long had you this letter in your possession? - A. I had it twenty-four hours.

Q. During that time, I take it for granted, you shewed it to some persons in Dover? - A. I did.

Q. How many persons do you think you shewed it to, in the course of twenty-four hours? - A. Only one, the town-clerk of Dover.

Q. Had he it any time? - A. Not out of my presence.

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

WILLIAM COLLISON sworn. - I am a constable of Dover: I apprehended Turnbull.

Q. Did he tell you what his name was? - A. No further than I asked him if his name was Turnbull, and he said, yes.

Q. Did you receive any letter from your brother officer? - A. I received it from the town-clerk.

Q. Was Hills by at the time? - A. He was in the office.

Q. Should you know it again? - A. Yes; it is signed, Thompson, and directed to Pollard, Mitre-court.

Cross-examined by Mr. Knapp. Q.You did not see the letter given, did you? - A. No.

Q. Nor did Hills see it given to you? - A. I cannot say, we were all in the passage; I cannot say whether he was looking at me, or whether he was not.

Mr. Knowlys. Q. Are you sure that is the letter? - A. I am.

(The letter was proposed to be read, which was objected to by the prisoner's Counsel; and the Court were of opinion it should not be read).

EDWARD NELSON sworn. - Examined by Mr. Raine. I keep the Bull-inn, Whitechapel: On Saturday, the 29th of December, two men applied to me for three places in the South End coach; that was about half past ten in the morning, and the coach was gone.

Q.Was there any other South End coach going from your house before Monday? - A. No. They asked if they could get any other conveyance; I told them, there was no other conveyance but postchaises; they agreed with me for two chaises to go to Bower's Gun, which were to be ready at three o'clock; we agreed for 3l. 14s. they did not come till half past five o'clock, and then five people came, and went off, three in one chaise, and two in the other.

Q. How long have you lived there? - A. Upwards of seven years.

Q. Are you sure it is in the City? - A. Yes, because they made me take up my freedom when I took the house.

Q. Who were the post-boys? - A.Isaac was one, and Kingston Jack the other.

Q. Look at the prisoners-were either of them there? - A. Mr. Pollard was; I do not know whether the other was there or not.

Cross-examined by Mr. Gurney. Q. What part of Whitechapel is your house in? - A. Between Petticoat-lane and Aldgate church, in the parish of St. Botolph.

Q. St. Botolph within? - A. Without, I believe.

Q. That is not in the City? - A. Yes, it is.

Q. Do you vote for the election of an Alderman? - A. Yes.

ISAAC SMITH sworn. - Examined by Mr. Knowlys.

Q. Did you drive a post-chaise from your master's house? - A. Yes.

Q. Did Kingston Jack drive another at the same time? - A. Yes.

Q. Do you know the persons of either of the men that went in your chaises? - A. No.

Q. Where did you drive to? - A. To Bower's Gun.

Q. Both the chaises? - A. Yes.

Q. What became of the party when they got there? - A. They walked away, I do not know where they went to.

Q. Did you make any stop before you got to Bower's Gun? - A. Yes, we changed horses at Horsett.

Q. Did you observe any thing that passed there? - A. No.

Q. How many were there in your chaise? - A. Two; there were three in the other chaise.

Q. Who paid you? - A. I do not know, he was a stout man, with a large rough coat on.

Q. Do you think you should know the man again? - A. No, it was all in the night.

Q. How late was it when you got to Bower's Gun? - A.As near as I can guess, between twelve and one, we called the landlord up.

Q. He knew you two lads, did not he? - A. Yes.

JOHN CLIFTON sworn. - Examined by Mr. Raine. Q. Are you the lad they call Kingston Jack? - A. Yes.

Q. Do you remember driving a chaise in company with Isaac, on Saturday, the 29th of December? - A. Yes; there were five in the two chaises, I cannot say how many I had.

Q. Should you know the persons of either of them again? - A. No, I should not know a syllable.

Q. Where did you drive to? - A. Bower's Gun.

Q. Did you call the landlord up? - A. Yes.

Q. Do you know where these people went to after they had got to Bower's Gun? - A. They had a guide to go somewhere, I cannot tell where.

JOSEPH GOODE sworn. - Examined by Mr. Garrow. I keep a public-house at Bower's Gun.

Q. Do you remember being called up at any time in the night between Saturday and Sunday after Christmas? - A. Yes, early on Sunday morning, between one and two o'clock; they said, it was two of Mr. Nelson's lads had got some company wanted to go to Holly-haven; I got up, and there were five gentlemen in two post-chaises; they asked me if any body in my house knew the way to Holly-haven; I told them there was not; they asked me if I knew the way; I told them I did.

Q. Which was the spokesman? - A. I cannot tell; they asked me if I would go with them, and said, they would satisfy me; I told them I would go; I asked them how they would be willing to satisfy me, and they said, three half-crowns.

Q. How far had you to go? - A.Between five and six miles.

Q. It was the depth of winter, and you were called out of bed? - A. Yes, there was a great deal of snow upon the ground; they agreed to give me half-a-guinea; there was a man that they hired to carry a large portmantean and great coats; I shewed them the way to Holly-haven; they paid me and the man.

Q. Look at the two prisoners? - A. I think both these gentlemen were there.

Q. How long might you be in their company? - A. About two hours.

JAMES RICHMOND sworn. - Examined by Mr. Knowlys. I keep a house at Holly-haven.

Q. Do you remember five gentlemen being

brought by Goode, the landlord, to your house? - A. Yes, about four o'clock in the morning they called me up.

Q. How long did they stay at your house? - A.All the day.

Q.What became of them after they left you? - A.One went away about three o'clock to Gravesend in a short wherry-boat, and two others went away in a vessel, between five and six o'clock; I believe that gentleman in the blue coat is the gentleman that went over to Gravesend, Bryce.(Rufford called up).

Richmond. This is one of the gentlemen that went away in the boat to Dover, (Turnbull ordered to the bar); I cannot say any thing to him.

Q.Look at the other? - A. That gentleman, Pollard, staid at my house all that night.

Mr. Garrow. (To Goode). Q. Look at the person in the middle, Turnbull, do you recollect him? - A. I do not.

SARAH BROWN sworn. - Examined by Mr. Raine. Q.Did Captain Rufford marry your daughter? - A. Yes.

Q. Do you remember at Christmas last receiving any parcel from your son-in-law at Sheerness? - A. I cannot tell, any further than he said they were notes; I put it in my pocket, and carried it to Stroud.

Q. How long did you keep it in your possession? - A.Till it was called for; I gave it to my daughter.

SARAH RUFFORD sworn. - Examined by Mr. Raine. Q. Do you remember, early in January; receiving a parcel from your mother, at Stroud? - A. Yes.

Q. To whom did you give that parcel? - A. To Mr. Parker.

Q.Where? - A. At Captain Barrow's, at Stroud.

WILLIAM PARKER sworn. - Examined by Mr. Raine. I received a parcel from the last witness, which I gave up to Mr. Atkinson, one of the moniers of the Mint, at the Marine Police-Office; I have an account in my pocket of the dates and sums of the notes.

HENRY- WILLIAM ATKINSON sworn. - Examined by Mr. Raine. I am one of the moniers of the Mint; I received this parcel from Mr. Parker, which I have had in my custody ever since.

Parker. This is the same parcel that I delivered to Mr. Atkinson.

Mr. Garrow. Q. Did you find a 40l. note and a 10l. note amongst them? - A. Yes.

Q. There has not been any thing written upon them since they have been in your possession? - A. Nothing at all.

Bryce's defence. I had occasion to go down in a post-chaise at the time the witnesses spoke to; but as to aiding and abetting Turnbull out of the kingdom, I know nothing of it; I went to enquire for the stage to South-end, and not being able to get any I took a seat with them, and returned by Gravesend, having business to do there.

Pollard's defence. I was there shooting two or three days, and doing business; the landlord there gave me an order for twenty dozen of porter; I had no business with Turnbull, nor did not know the man, or any thing at all about him.

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

For Bryce.

- HULME sworn. - The prisoner, Bryce, keeps an ironmonger's shop; I have been very intimate with him six years; he bears a very good character.

Cross-examined by Mr. Garrow. Q. Is he a furnishing ironmonger? - A. He had ironmongery in his shop.

Q. Do you mean to say he kept the shop of an ironmonger? - A. There were both old and new iron in his shop.

Q. Do you mean to represent here, upon your oath, that he carried on the business of an ironmonger, as other ironmongers do in London? - A. I do not know any other.

Q.What does his stock consist of? - A. Ironmongery, locks, and keys, and sundries.

Q. Where does he live? - A. No. 64, Upper East Smithfield.

Q. Be so good as to translate sundries for us? - A. Such as gimblets, chissels, and many things.

Bryce, GUILTY (Aged 39.)

Pollard, GUILTY (Aged 39.)

Confined one year in Newgate , and fined 200l. each.

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

Reference Number: s17990220-1

The SESSIONS being ended, the COURT proceeded to GIVE JUDGMENT as follows: Received sentence of Death - 11.

James Turnbull ,

Hugh Campbell ,

John Jones ,

Thomas Mills ,

John Purdy ,

William Harper ,

John Tate ,

John Counoway ,

Mary Palmer,

William Bennett ,

Joseph, otherwise John Brown.

Transported for seven years - 15.

John Deacon ,

Thomas Davis ,

David Kilgrove,

Isaac Slithe ,

Edward Friday ,

Robert Richardson ,

Thomas Brown ,

John Groves ,

George Bamber ,

John Fitzwilliam,

Thomas Nicholson ,

John Willway ,

John Smith ,

James Broughton,

Thomas Burnett.

Confined two years to hard labour on the Thames - 1.

Samuel Barnard .

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

Edward Edwards .

Confined one year in Newgate, publickly whipped and discharged - 1.

George Clayton .

Confined one year in Newgate, and fined 200l. - 2.

William Bryce , Peter Pollard .

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

Mary Powell .

Confined twelve months in the House of Correction, fined 1s. and discharged - 3.

Sarah Compton , Thomas Wheeler , David Williams .

Confined six months in Newgate, and find sureties for six months more - 1.

Elizabeth Tandy .

Confined six months in the House of Correction, fined 1s. and discharged - 5.

Elizabeth Larner ,

James Tomlinson,

Charles Pancutt , alias

Panton,

William Brown ,

Samuel Acock .

Confined one month in Newgate - 2.

Robert Partington , Charles Brindley .

Confined one month in Newgate, and whipped in the jail - 3.

Charles Godfrey, Sarah Martin , John Smith .

Whipped in the jail and discharged - 1.

Elizabeth Connor.


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