Old Bailey Proceedings, 3rd April 1799.
Reference Number: 17990403
Reference Number: f17990403-1

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY OF LONDON; AND ALSO, The Gaol Delivery FOR THE COUNTY OF MIDDLESEX, HELD AT JUSTICE-HALL, IN THE OLD-BAILEY, On WEDNESDAY, the 3d of APRIL, 1799, and following Days, BEING THE FOURTH SESSION IN THE MAYORALTY OF The Right Honourable 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; the Right Honourable LLOYD LORD KENYON , Lord Chief Justice of His Majesty's Court of King's Bench; Sir BEAUMONT HOTHAM , Knight, one of the Barons of His Majesty's Court of Exchequer; Sir JOHN WILLIAM ROSE , Knight, Serjeant at Law, Recorder of the said City; JOHN SILVESTER , Esq. Common-Serjeant at Law of the said City; and others, His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Gaol Delivery of NEWGATE, holden for the said City and County of MIDDLESEX.

First London Jury.

William Burles ,

John Shaw ,

Thomas Donaldson ,

Thomas Osborne ,

James Wilkes ,

Alexander Purse ,

John Norfolk ,

Robert Lawson ,

Daniel Skinner ,

Thomas Pack ,

Thomas Dixon ,

John Pegrum .

Second London Jury.

Thomas Wright ,

Thomas Gummer ,

Thomas Wilmot ,

Hezekiah Turner ,

James Platt ,

William Calcott ,

John Wotton ,

Joseph Kensitt ,

Christopher Beck ,

John Sawer ,

Thomas Venn ,

Richard Woodhouse .

First Middlesex Jury.

Ralph Mitchinson ,

Joseph Nicholl ,

William Richardson ,

Samuel Harrison ,

William Evans ,

Edward Hill ,

William Dell ,

Thomas Littlewood ,

Christopher Hill ,

Joseph Finch ,

William Gee ,

Edward Nicholl .

Second Middlesex Jury.

Thomas Hill ,

James Ward ,

Joseph Welch ,

Matthew Long ,

Henry Young ,

Thomas Brown ,

William Nash ,

John Morgan ,

Joseph Leach ,

James Watts ,

Hezekiah Denby ,

Robert Thompson .

Reference Number: t17990403-1

202. CHARLES SEYMOUR, otherwise CHARLES SEYMOUR WILSHIRE , was indicted for forging and counterfeiting on the 29th of January , a certain promissory note for the payment of the sum of one pound, with intent to defraud Isaac Strange .

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

There were two other Counts for forging and uttering as true, a like promissory note, knowing it to be forged, with intention to defraud William Masterman , Henry Peters , Thomas Walker , Paul Mildred , Gerard Scorer , and James Moore .

ISAAC STRANGE sworn. - I keep the Coach and Horses, Haslewood-court, Blue-anchor-alley, Bunhill-row . On the 29th of January the prisoner came in and asked me if I would give him change for a one pound note; I gave him change; he had something to drink, and then went away; I paid the note to Mr. Whitbread's clerk, about a week after I received it, (produces the note); it was returned to me as a forgery. (It is read).

No. 1067. Portsmouth.

I promise to pay to Mr. John Greenwood , or bearer, on demand, here, or at Messrs. Masterman, Peters, Walker, and Co. bankers , in London, the sum of 1l. value received, the 15th day of April, 1798.

Entd. T. Walker. Signed, John Hart .

Q. Are you sure the prisoner is the person that brought you that note? - A. Yes.

Q. How soon after you had paid it to Mr. Whitbread's clerk, was it returned to you? - A. In the course of a week.

THOMAS DOCKER sworn. - I am a clerk at Mr. Whitbread's; Strange paid me this note on the 5th of February; I wrote upon the back of it the day when I received it; I am sure it is the same note; I paid it to Down and Company, bankers; it was returned to the house as being a forgery, and of course I returned it to Strange.

WILLIAM CLOSS sworn. - I am clerk to Masterman and Co.; we have no such an account with us at all; we know nothing at all about it.

JOHN GRIFFITHS sworn. - On Monday, the 18th of February, I apprehended the prisoner in Whitechapel, and made some enquiries concerning these notes: I went to Mr. Strange, and found he had got one; I desired him to attend at the Public-office, Lambeth-street, which he did, and swore to the prisoner as the person that he took it of.

Prisoner's defence. On the 20th of January, I think it was, I was going over Smithfield, and I picked up six of these notes; I was going on board a ship, and I went and bought necessaries to take with me on my voyage; I wanted to pay a man some money that I owed him; I went in there to get change.

Q. (To Strange) Had he any body with him? - A. Yes, he had a man with him.

Jury. Q. Did you see him pay any money? - A. No. NOT GUILTY .

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

Reference Number: t17990403-2

203. CHARLES SEYMOUR, otherwise CHARLES SEYMOUR WILSHIRE , was indicted for forging and counterfeiting, on the 29th of January , a promissory note, for the payment of one pound, with intention to defraud George Paulling .

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

There were two other Counts for forging and uttering as true, a like promissory note, knowing it to be forged, with intention to defraud William Masterman , Henry Peters , Thomas Walker , Paul Mildred , Gerard Scorer , and James Moore .

GEORGE PAULLING sworn. - I keep a clothes-shop , in Whitecross-street : the prisoner came into my shop, on the 29th of January, for some shoes and stockings, about nine o'clock in the evening; he bought a pair of shoes and a pair of stockings; he gave me a Portsmouth one pound note; he said, he had just come from on board a ship; he said, he had come from Portsmouth; that he had been on board Admiral Dunean's ship, and was come home to see his wife; I think he said she lived in Golden-lane; the banker's clerk has got the note, (it is produced); this is the note that I received from the prisoner. (It is read).

No. 1063. Portsmouth.

I promise to pay to Mr. John Greenwood, or bearer, on demand, here, or at Messrs. Masterman, Peters, Walker, and Co. banker s, in London, the sum of one pound, value received, the 15th day of April, 1798.

Entd. T. Walker. Signed, John Hart .

WILLIAM CLOSS sworn. - I am clerk to Messrs. Masterman and Co.

Q. Have you any account with John Hart? - A. No, we know no such person.

JOHN GRIFFITHS sworn. - I am an officer belonging to Lambeth-street, I apprehended the prisoner: He said, before the Magistrate, that he received these notes at Portsmouth.

Prisoner's defence. I never said a word to the Justice that I had them at Portsmouth.

GUILTY Death . (Aged 52.)

Of uttering, knowing it to be forged.

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17990403-3

204. ELIZABETH GREEN and MARIA PRICE were indicted, the first for feloniously stealing, on the 1st of March , a watch, value 3l. a ribbon, value 1d. a watch-key, value 1d. and a seal, value 1d. the property of John Anderson , privily from his person ; and the other for receiving the same knowing it to be stolen .

JOHN ANDERSON sworn. - I am a serjeant in the Guards : On the evening of the 1st of March, between Privy-gardens and Parliament-street , a little before ten o'clock, I saw the prisoner, Green, and another woman, and a man, standing together; Green followed me, and asked me if I knew a serjeant of the name of Burne, who was formerly in our regiment; she kept me in discourse till I crossed the street, and then she left me; I went straight towards home, and in Great George-street I missed my watch; I went back, and found the same woman at the same place, and I took her to the watch-house; I don't know whether she was searched or not.

Q. Were you sober? - A. I was not perfectly sober.

Q. Were you not very much in liquor? - A. No, not so much but I knew how to conduct myself; the next morning, as I was going to the office, the other prisoner came after me; she asked me if I was the serjeant that had lost my watch; I said I was; she asked me if I got my watch back whether I would prosecute her; I told her it did not lay in my power; she then asked me if I would give her half-a-guinea if she gave it to me; I said I would give that to get a fight of it; I went into a parlour at the Rose and Crown, and she produced the watch, but not till she had got the half-guinea.

Q. Did you observe any opportunity she had of taking it? - A. No, I did not.

JAMES BLY sworn. - I was constable of the night; I searched the prisoner, but found nothing upon her.

Both NOT GUILTY .

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17990403-4

205. HENRY PICKET and SAMUEL BROWN were indicted for making an assault upon James Clarke , on the 2d of March , putting him in fear, and taking from his person 8s. the monies of the said James Clarke .

JAMES CLARKE sworn. - I am a watchman of St. Martin's: On the 2d of March, about four o'clock in the afternoon, I was robbed in Tothillfields Bridewell ; I happened to say a hasty word to Sir William, at Bow-street, and he sent me there for a month; the two prisoners demanded what they called garnish; they said it was two shillings and sixpence, which I gave them; Picket then threw me down, covered my eyes with a handkerchief, and shut the windows and the door; I called out, but they still kept ramshackling me; I had eight shillings in my waistcoat-pocket, and when I got up I missed it; when my face was uncovered, I found four in the room besides Brown, Picket was not there then, there were ten of them all together before I lost my money; I did not get any of it again afterwards. On Sunday Brown kicked me five times through the yard; but who was the person that took the money I cannot say, because I was blinded.

Both NOT GUILTY .

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

Reference Number: t17990403-5

206. WILLIAM WEST was indicted for feloniously stealing, on the 3d of March , sixteen yards of canvas, value 18s. the property of Robert Jenkins .(The case was opened by Mr. Gurney.)

JOHN COUTLAND sworn. - I am servant to Robert Jenkins , a sail-maker , at St. Catherine's : We lost the greatest part of a bolt of canvas, as we call it, a bolt consists of from forty to forty-three yards.

Q. Do you know what time this piece was lost? - A. About the beginning of March.

JOHN BIGGS sworn. - I am an apprentice to Mr. Jenkins.

Q. What age are you? - A. Near upon twenty-one.

Q. Do you know the prisoner? - A. Yes; I have known him for nine months past, he is a labourer in the King's Brewhouse.

Q. Did you and he take any canvas from your master's warehouse? - A. Yes; the first piece of canvas that I took was on the 3d of March, which was on the Sunday, about seven o'clock in the morning, he was not with me then; very near eight o'clock the prisoner went with me into my master's warehouse, the canvas was upon the shelf, I took it off the shelf; I was going to measure it, I turned round to look for the yard, and he said, do not stand to measure it now, for we shall be caught; then he put the canvas in the bag himself,

while I was looking for two skains of twine, which I put into the bag, that was his bag; he took the bag away, and I stopped to lock the door; I then went to his house, and measured the canvas by my hand, it measured twelve yards; I received five shillings for my share of it.

Q. You went home afterwards - drunk or sober? - A. Drunk.

Q. And then your master taxed you with it? - A. Yes.

ROBERT JENKINS sworn. - Biggs came home to me on Sunday morning, the 3d of March, very much intoxicated, that occasioned me to question him, which led to this discovery.

HENRY LADD sworn. - I am clerk to the Marine Police-office: The prisoner was examined at our office.

Q. Were any promises made to induce him to confess? - A. No, nor any threats. (The examination of the prisoner read.)

The prisoner, William West, acknowledges, that after taking part of the first piece of canvas on Sunday morning, the 3d instant, for which he says he paid six shillings and sixpence; he accompanied Biggs to Mr. Jenkins's warehouse, where Biggs put another piece of canvas into his bag, but says, Biggs carried the bag to the warehouse, put the canvas into it, and carried it down stairs, where being on the outside of the gate, and in the street, Biggs gave him the said bag; while Biggs returned to lock the door of the warehouse, he, the prisoner, carried it home, where it was measured; there were twelve yards of it, and he paid Biggs six shillings for it.

Prisoner's defence. I was never before a Magistrate in my life before.

GUILTY (Aged 39.)

Transported for seven years .

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17990403-6

207. WILLIAM KIRK was indicted for breaking and entering the dwelling-house of Richard Hare , about the hour of seven in the night of the 1st of February , with intent the goods in the said dwelling-house burglariously to steal, and stealing four men's hats, value 2l. 16s. and two children's hats, value 10s. the property of the said Richard .

RICHARD HARE sworn. - I live at No. 431, in the Strand , I keep a hatter's-shop ; I lost half-a-dozen hats, four men's, and two children's, about a quarter past seven o'clock in the evening.

Q. Were your candles lighted? - A. Yes; Mr. Corrock gave me information, and I pursued the prisoner, and took him, with the hats upon him, within a hundred yards of my shop; I had seen them on the counter just before, (produces the hats); they are my property.

Q. Was he running when you took him? - A. No; it was a very narrow path, where he could not well run; there were two men with him.(Mr. Corrock was called, but did not appear).

Prisoner's defence. I did not take the hats out of the shop; I was coming by the shop, and two men came up to me with the hats; they asked me if I would carry the hats for them, and they said they would give me something, but did not tell me where to carry them; they walked behind me till this gentleman came up and said they were stolen.

GUILTY (Aged 14.)

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

Transported for seven years .

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

Reference Number: t17990403-7

208. JOSEPH HERROD was indicted for feloniously stealing, on the 10th of March , a game cock, value 2s. 6d. and five hens, value 10s. the property of John Gasquet .

JOHN GASQUET sworn. - I live in Hoxton Town : Between the 9th and 10th of March last, I lost a game cock, and five hens from the stable.

Q. Have they been found since? - A. Yes; Mr. Phillips produced them to me.

RICHARD PHILLIPS sworn. - I am a headborough: On the 10th of March, Guest, another officer, called upon me to go with him to take the prisoner into custody, for making a great riot in the house where he was quartered, in sermon-time; when I got there, the landlord called me on one side, and told me he suspected the prisoner had been stealing some fowls; I went up stairs where the prisoner slept, and in a drawer in that room, I pulled out a bag containing five hens and a cock; I took him into custody, and took him to New-prison; I asked him how he came by those fowls; he asked me what fowls; I told him that were in his room; he said he had bought them; I asked him where; he said it was no matter where he bought them, there were three of four of them in it; the prisoner told me he had been at Old Ford the day before, and I went round there, but could not hear of any body there that had lost any fowls; on the Thursday I produced them to Mr. Gasquet in their feathers.

Q. (To Gasquet). Were the fowls that were produced to you the same fowls that you had lost? - A. They were; and before they were taken out of the bag I described every one of them.

Prisoner's defence. I was full in liquor, I do not know any thing of it. GUILTY (Aged 26.)

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

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17990403-8

209. JAMES LUCAS was indicted for feloniously stealing, on the 16th of February , a gander, value 2s. 6d. and three geese, value 6s. the property of Daniel Dyson .

DANIEL DYSON sworn. - I live at Tottenham High-cross : On the 16th of February, I lost three geese and a gander, from an out-house upon my premises; I had seen them there that afternoon, they were locked up in the evening, I missed them the next morning about seven o'clock; William Collins , the watchman, stopped the prisoner with them at Newington, and they were carried to Mr. Harper's at Shoreditch; I saw them there, I believe it was two mornings after, they were alive, and I knew them to be mine.

WILLIAM COLLINS sworn. - I am a watchman upon the Stamford-hill Trust: On the 15th of February, between eleven and twelve o'clock at night, the prisoner came past me with a bag, he threw it down, and I saw something move; I asked him if he had got a hare; he said, no, he wished it was; then my brother watchman asked him what he had got; says he there they are, and if I had not been stupid and drunk I should have been at home by six o'clock; says I they seem like geese.

Q. How far was this from Mr. Dyson's house? - A. About three miles and a half; I asked him where he had brought them from; and he said, he had brought them from Cheshunt, that they belonged to Mr. Wilson that keeps the White-lion in Bishopsgate-street, and he was going to carry them there; I said I thought it was very old Mr. Wilson should send him for them, when there were so many coaches coming that way; he said I might do as I liked, they were Mr. Wilson's property; I then stopped him.

SAMUEL HARPAR sworn. - I am one of the officers belonging to Worship-street, I was called out of bed to go to the watch-house and take charge of this man; I locked him up, and made inquiry of the waggoners that went that road, and by that means I found out the owner, Mr. Dyson, he came to my house, and said they were all his.

Prisoner's defence. I had been to see my daughter, at Edmonton, I had got rather too much liquor; I saw a man at Tottenham with a bag at his back, and he asked me to carry it for him, I did not know what was in it; just before I came to the Red-lion, I missed him, I thought he had stopped to make water, but he did not come up, and the watchman stopped me. GUILTY . (Aged 48.)

Transported for seven years .

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

Reference Number: t17990403-9

210. SARAH BEACHAM was indicted for feloniously stealing, on the 7th of March , two cotton gowns, value 25s. a dimity petticoat, value 8s. two linen shirts, value 9s. a blue jacket, value 10s. a red waistcoat, value 6s. a silk handkerchief, value 1d. a muslin handkerchief, value 1d. a cotton shawl, value 12d. a black silk cloak, value 6s a muslin apron, value 12d. and a linen shift, value 6s. the property of Robert Cooke , in his dwelling-house .

ROBERT COOKE sworn. - I am a bricklayer , I live in Union-street, Shadwell , I keep the house: I came in, and caught the prisoner in the house, about twelve o'clock in the day; she laid underneath the bed in the two pair of stairs room, she had nothing to do with the house; I found a bundle of things, not tied up, in the one pair of stairs, upon the bed; some of them had been taken out of the closet, and some out of the drawers; she said, it was not me, sir, it was a man gave me a shilling to give him the things out at the window; I then secured her, and took her before a Magistrate.

HANNAH COOK sworn. - I am the wife of the last witness: I missed these things from where I had left them; I have no family but my husband and myself; they were all our property.

JOSEPH HAYNES sworn. - I took the prisoner into custody.

Prisoners defence. I met a man in the street, and asked him for a halfpenny; and he said, if I would go into the house he would give me some bread and cheese, and I went in.

GUILTY (Aged 14.)

Of stealing to the value of 39s.

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

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

Reference Number: t17990403-10

211. JOHN MAKWAY, otherwise MACKVOY , was indicted for feloniously stealing, on the 27th of February , seventy pounds of ground sugar, value 50s. the property of Augustus Stevens , John Gabell , and William Lonsdale .

(The case was opened by Mr. Knowlys.)

JOHN LOADER sworn. - Examined by Mr. Knowlys. I am horse-keeper to Messrs. Stevens, Gabell, and Lonsdale, sugar-baker s, in Spitalfields : I saw the prisoner two or three days before this affair happened, and he said, he would put four or five guineas into my pocket; he said he had made a very good thing of it when he was there, and I was to meet him; I kept it to myself for several days, it made me very uneasy, and then I devulged my mind to my master; I met him again afterwards; he asked me why I did not meet him at the time we appointed; and I told him my master had sent me out; he then appointed to meet me next morning at my master's premises; he met me

the next morning between five and six o'clock; he came to the stable door, which joins the sugar-house, he knocked three times, I did not hear him, I was asleep; then another man came down and called me, I went down and let him in; he went into the mill-house where they grind the sugar, and then he emptied two baskets of sugar into a bag.

Prisoner. Q. Did not you hold the bag yourself? - A. Yes; he then asked me to lift it up upon his shoulder, accordingly I did; he then immediately walked out to the stable-door where he entered in at. He was taken in a very few minutes afterwards, for my master did not let him get above ten yards from the door.

Q. Had you given a hint to any persons to watch him at this time? - A. Yes, my master, Mr. Lonsdale, and one of the men, came up and took him.

Q. Was it ground sugar? - A. Yes.

Q. How much in quantity do you think there might be? - A. I cannot say, there might be about eighty pounds.

WILLIAM LONSDALE sworn. - Examined by Mr. Knowlys. I am in partnership with Augustus Stevens and John Gabell ; the prisoner formerly lived with me as a servant .

Q. In consequence of any information, did you see him at your house on the 27th of February? - A. Yes; I sat up all night; he entered the premises about six o'clock in the morning; I saw him pass from the stables towards the mill-house.

Q. When you took him, had he any sugar upon him? - A. He had about eighty pounds of ground sugar.

Q. Whereabout was the value of it? - A. It was worth about fifty shillings.

The prisoner did not say any thing in his defence.

GUILTY (Aged 32.)

Transported for seven years .

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17990403-11

212. JEREMIAH VANDERPUMP was indicted for feloniously stealing, on the 9th of March , a mould-frame for making candles, value 20s. and twelve candles, value 18d. the property of William Limbery .

WILLIAM LIMBERY sworn. - I am a tallowchandler , the corner of Spital-square . On the 9th of March I lost a mould frame full of candles; we were making mould candles; I stood in the shop; I was using the frame about two minutes before I missed it; I went behind the counter to serve a customer; I heard a rustling; I went-out and caught it upon the prisoner within a few yards of the door; it was between eight and nine in the evening, (the frame produced); this is my frame; just as I caught hold of him, the candles sell out in the street.

Prisoner. I was senseless in liquor.

Limbery. He appeared to be in liquor.

- JARVIS sworn. - On Saturday, between eight and nine o'clock, Limbery sent for me to come to his house; I went, and found the prisoner there; he staggered about, seemingly as I thought to make sham drunk; I took him to the watch-house; the candles were then lying in the street, all over dirt, and the frame was in the shop; I marked the candles and the frame; when he got to the watch-house, he appeared to be sober.

Prisoner's defence. I had been drinking all day, and coming along I fell down several times in the mud; before I got home, I was taken in custody; I did not know what charge was laid against me.

GUILTY (Aged 57.)

Transported for seven years .

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

Reference Number: t17990403-12

213. WILLIAM SULLY was indicted for feloniously stealing, on the 13th of March , twenty-five yards of linen cloth, value 38s. 6d. the property of William Prater and Charles Prater .

CHARLES PRATER sworn. - I am a linen-draper , in partnership with my father, William Prater: On the 13th of March I lost twenty-five yards of linen cloth, but I was not present when it was taken.

JOSEPH CLARKE sworn. - I was standing behind Mr. Prater's counter about nine in the evening; I saw a small man come in with a light coloured coat on, and take the linen from the counter; he carried it away; I got over the counter, and ran after the man; I saw him drop the piece of cloth; I brought the cloth back, and the officer brought the prisoner back to Mr. Prater's; I did not see him apprehended.

Prisoner. Q. Did not you take another person as the prisoner? - A. I took Hanson, who is an officer, and brought him back.

- HANSON sworn. - I am assistant to the Police, in Hatton-garden: On Wednesday, the 13th of March, I heard the cry of stop thief; I directly followed the prisoner; I saw the prisoner throw this piece of cloth from him into the kennel; I picked up the cloth; I went back with him, and the prisoner was brought back by another person, who is not here.

Q. (To Clarke). Can you speak with certainty to the prisoner being the man that you saw take it out of the shop? - A. No.

Q. (To Hanson). Are you positive that the prisoner is the man that you saw throw it away? - A. I am positively sure of it.

Prisoner's defence. I ran with the rest of the people, and this man came up, and said, it was me that had thrown the cloth away.

Q. (To Clarke). Had you any suspicion of Hanson being the thief? - A. No.

Q. Did the dress of the prisoner correspond with the dress of the man that you saw go out of the shop? - A. Yes.

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

NOT GUILTY .

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17990403-13

214. MARY THOMAS was indicted for feloniously stealing, on the 14th of February , two blue jackets, value 20s. two cotton shirts, value 4s. a pair of linen trowsers. value 5s. a kerseymere waistcoat, value 5s. and two pair of cotton stockings, value 2s. the property of John Sullivan .

CATHERINE SULLIVAN sworn. - I am the wife of John Sullivan, a seafaring man ; I was out, in place, my landlady sent for me; I found my chest bottom upwards, and a piece broke out; I missed the things mentioned in the indictment; the prisoner lodged in the house in the same room where my chest was; I found the things all at the pawnbroker's.

JANE HOWES sworn. - The last witness lodged with me, and the prisoner lodged with me; she went away, and left the chest behind her; I told her I wanted a few things out of Mrs. Sullivan's chest, for she had sent for some things; the prisoner went out, and did not return till next morning; I went to the chest, and there was nothing in it; when I opened the chest, I said, Mrs. Thomas, do you know any thing about this, and she said, no very likely Mrs. Sullivan has taken them with her; I said, no, she had not, and I sent for her; I missed a pair of sheets of my own; she told me where she had pawned them, and there I found the other things.

- SMITH sworn. - I am servant to a pawnbroker, (produces the property); I took these things in of the prisoner; she said they were her own; I lent her 1l. 2s. 8 1/2d. upon them. (The property was deposed to by Mrs. Sullivan).

Prisoner's defence. They told me if I told where they were, they would not hurt a hair of my head.

Smith. When they came to me about the sheets, they were talking about the contents of the chest, and it struck me that they were the things I had taken in of the prisoner.

GUILTY (Aged 43.)

Transported for seven years .

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

Reference Number: t17990403-14

215. HENRY HART was indicted for feloniously stealing, on the 6th of March , a wooden tub, value 4d. and fifty-five pounds of butter, value 49s. the property of William Badman , in his dwelling-house .

WILLIAM BADMAN sworn. - I live in Crown-street, Finsbury-square ; it is out of the city of London; I lost a firkin of butter out of the shop on the 6th of March, I did not see him take it.

WILLIAM HARRISON sworn. - I am a painter and glazier; I was coming home from work on the 6th of March; I saw three men, one looking in at the window, and two at the shop door; the prisoner at the bar was one that stood at the door; the man that was with him went into the shop and brought out a firkin of butter; they all three went away together, and when they got to Long-alley, the man that had the firkin gave it to the prisoner, and he put it upon his shoulder; then they went on to the Broker-row, at the end of Broad-street-buildings; then I met the two patroles and one watchman; I told them to stop that man with the firkin of butter, for he had stole it, and they stopped him.

Q. Have you any doubt at all of the prisoner? - A. None at all.

WILLIAM STOCKER sworn. - I am a patrole belonging to Bishopsgate-ward: On the 6th of March, about half past six in the evening, Harrison desired me to stop that man; I crossed over to the prisoner, and stopped him; he had a firkin of butter on his left shoulder; I asked him where he was going to carry it, and he said, into Bishopsgate-street; I asked him if he was going to carry it to a cheesemonger's; he said, no, to a chandler's shop; I said, there was no chandler's shop in Bishopsgate-street; says he, do you think I stole it; I said, I did not; he said, if I did, I might go back with him to his master, who lived in Long-alley; he then threw the firkin down, and ran away; I pursued him as fast as I could; I lost fight of him in New Broad-street, and called stop thief; I am sure he is the man.

THOMAS SAPWELL sworn. - I am a constable, I took charge of the prisoner, I have had the firkin ever since. (Produces it).

Badman. This is my firkin.

The prisoner did not say any thing in his defence.

Q. What is the value of the butter? - A. Forty-nine shillings.

GUILTY. (Aged 19.)

Of stealing to the value of 39s.

Transported for seven years .

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17990403-15

216. CHARLES LLOYD was indicted for and assault in the King's highway upon Richard-Joseph Coltherup , on the 17th of March , putting him in fear, and taking from his person a paper hatbox, value 1d. and five pigeons, value 2s. 6d. the property of the said Richard .

RICHARD-JOSEPH COLTHERUP sworn. - On the 17th of March, about eleven o'clock in the morning, I was going along with a band box and five live pigeons, and just as I got to Chalk-farm I met two men, apparently very much in liquor; I made way, and stood on one side, and the prisoner, seeming to be worse than the other, shoved me about, and pushed me down; I let the pigeons out, and they went home.

Q. You let them out yourself? - A. Yes.

Court. Gentlemen, there is no colour for a charge of robbery in this case.

NOT GUILTY .

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

Reference Number: t17990403-16

217. WILLIAM BUSHNELL was indicted for feloniously stealing, on the 22d of March thirty-four pounds of butter, value 34s. the property of William Dorey .

Second Count. Laying it to be the property of John Sibthorpe .

WILLIAM DOREY sworn. - On the 22d of March, about half past five in the morning, I heard a noise in the street; I looked out, and found my porter had got a man by the collar, his name is James Absolom .

Q. Where do you live? - A. At the Green Man and Still, in Oxford-street ; I went down stairs, and was informed that the prisoner had stolen a flat of butter, and my man had taken him.

JOHN SIBTHORPE sworn. - The flat of butter was my property at Mr. Dorey's; it was sent from the country for me, to be left in his possession till I sent for it; the flat is here; but, as the butter would not keep, I took it out. (Produces the flat).

JAMES ABSOLOM sworn. - I saw the prisoner take this flat of butter; there were four flats one upon the other; it was about half past five in the morning; he took it and ran away with it; I pursued him, and took him; I never lost fight of him; when he saw me coming, he threw down the flat of butter.

Q. (To Sibthorpe.) You do not know that that was the butter consigned to you? - A. Yes, I know it by the direction inside and out.

Prisoner's defence. I had been out of place a long time, and as I was going down Oxford-street, I heard somebody sing out, stop him, and this man came up, and knocked me down with a stick.

GUILTY (Aged 18).

Publickly whipped , and confined six months in the House of Correction .

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

Reference Number: t17990403-17

218. JOHN PILGRIM was indicted for feloniously stealing, on the 28th of February , a shawl, value 5s. the property of George Copeland and Richard Galley .

GEORGE COPELAND sworn. - I live in Aldersgate-street , I did not see the shawl taken; my partner's name is Richard Galley ; we are linen-draper s.

JOHN SIMCOX sworn. - I am a box-maker, I work at Mr. Archer's, in Aldersgate-street, opposite Mr. Copeland's: On the 28th of February, between five and six in the afternoon, I saw the prisoner going by the window where I work; he crossed over towards Mr. Copeland's door; he passed the door, and then returned again; he went up two steps, and, with a stick that he had in his hand, took the shawl off the horse that stood within side the door; he gave it to a young woman that was with him; I immediately ran across, and Mr. Copeland's young man came out; I caught hold of the prisoner, and desired him to go after the woman, for that she had got the property; the prisoner threw down a pair of pattens that he had in his hand belonging to the woman, and run down Aldersgate-street; I followed him, he struck at me three times with a stick; he went up Paul's-alley, and there I took him again, and brought him back to Mr. Copeland's; I never lost fight of him.

Q. What became of the woman? - A. I do not know; she got off by some means.

JOHN GALLEY sworn. - I am an apprentice to Messrs. Copeland and Galley: On the 28th of February, between five and six o'clock, a person came in, and said, the prisoner had stole a shawl; I immediately went out of the shop and stopped the prisoner, and then I ran and stopped the woman; I took the shawl from under her apron; the woman said, she had the shawl from the prisoner.

Q. Why did not you take her into custody? - A. I brought her along as far as I could, and nobody came to my assistance, and then the prisoner got loose again, and I went after him, and left the woman.(The constable produced the shawl, which was deposed to by the witness).

Prisoner's defence. I know nothing at all about it; I was coming along, and this man caught hold of me.

The prisoner called his brother and two other witnesses, who gave him a good character.

GUILTY (Aged 18.)

Confined one month in Newgate , and fined 1s.

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

Reference Number: t17990403-18

219. GEORGE HEBDEN was indicted for feloniously stealing, on the 29th of March , a handkerchief, value 1s. the property of Thompson Bonar .

THOMAS SEXTIE sworn. - I was coming down Cornhill on the 29th of March in the forenoon, somewhere about ten o'clock; I stopped at the print-shop; I turned round and walked away towards Cheapside ; a man told me a person had attempted to take my handkerchief out of my pocket; immediately I looked round, and saw the prisoner take Mr. Bonar's take the handkerchief from him, and we secured the prisoner.

THOMPSON BONAR sworn. - I was looking at the print-shop, in Cornhill, nearly opposite the Royal-Exchange; I was touched upon the shoulder, and told to look round, when I saw a gentleman who had collared the prisoner; he told me the prisoner had picked my pocket of my handkerchief, which I took out of his hands; I then secured the prisoner, and carried him before the Lord-Mayor.

- CHURCH sworn. - (Produces a handkerchief); it was delivered to me at the Mansion-house by Mr. Bonar.

Mr. Bonar. This is my handkerchief.

Prisoner's defence. I was coming along Cornhill, I had been only five weeks from sea, I was three parts drunk, I do not know whether I took it or not. GUILTY . (Aged 26.)

Transported for seven years .

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

Reference Number: t17990403-19

220. JOHN GABB was indicted for feloniously stealing, on the 26th of March , eleven ounces of tea, value 2s. the property of the United Company of Merchants trading to the East-Indies .

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

DAVID EVANS sworn. - I am a commodore at the India Company's warehouses, in Fenchurch-street , I superintend the labourers; the prisoner was a labourer in the warehouses, he had been employed about eight months, I believe: On the 26th of March, the prisoner passed by me in the upper tier of the warehouses, he went through at the door, and I perceived the door go a second time, which gave me some suspicion; I immediately went and opened the door, and in opening the door I heard a great noise, and wondered what it was; I walked backwards and forwards, and was determined to search to see what it was; I did search, and when I came to the last place, I found the prisoner up in a corner, with his back towards me, concealing himself; I asked him what he did there; he said it was his turn out; I desired him to go to his commodore; he said he could not go yet; I then heard something dropping upon the ground, I looked, and perceived some tea running out of his pocket; I immediately took hold of his pocket, and told him he had been plundering some chests; I asked him to let me see what was behind him, I observed some tea upon some paper upon the floor; he said, pray let me go, I never stole any thing before; he begged and prayed several times that I would let him go, but I would not; I saw him searched in the lower accompting-house; there were two ounces and a quarter of tea found loose in his waistcoat-pocket.

Q. Do you know what the quantity found underneath him was? - A. Nine ounces.

Q. Have you tea of that sort in the warehouses? - A. Yes, we have.

- NOBLE sworn. - Examined by Mr. Knapp. I am the King's locker, (produces some tea; I have had it ever since. GUILTY (Aged 34).

Confined one month in Newgate , and fined 1s.

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

Reference Number: t17990403-20

221. JACOB ISAACS and DAVID BELASCO were indicted for feloniously stealing, on the 20th of February , three hides of tanned leather, value 8l. the property of John Wright .

Second Count. Laying it to be the property of Richard Hickes .

(The case was opened by Mr. Knapp.)

JOHN WRIGHT sworn. - Examined by Mr. Knapp. I am a tanner , at Ryegate: On the 18th of February, I delivered two bundles of leather to Mr. Hickes, the carrier , to bring to London, to Leadenhall, they were hides of tanned leather; I directed them myself, to Mr. Samuel Salloway, leather-factor, Leadenhall; my man delivered them.

Cross-examined by Mr. Alley. Q. Are your men here who delivered them? - A. No.

RICHARD HICKES sworn. - Examined by Mr. Knapp. I received a bundle of tanned leather from Mr. Wright's man; they were directed to Mr. Samuel Salloway , leather-factor, Leadenhall; I put them down at Leadenhall, and the porter read the direction to me, I could not read it myself.

WILLIAM WESTON sworn. - Examined by Mr. Knapp. I am a porter at Leadenhall: I received from the last witness two bundles of leather,

directed to Mr. Samuel Salloway , Leadenhall, a little after eight o'clock in the evening; I put them down at the Red-lion, in Leadenhall-market , on the top of some more leather.

Q. Is that the place where you usually put leather? - A. Yes, for safety, where the watchman stands; at five o'clock in the morning, I found them there as I had left them; I left them then, and returned to that spot again a little before six o'clock, and missed one bundle; upon that, I went about the market to look for it, but could not find it, and then I thought it must have been stolen; I saw it afterwards at Worship-street, I know it to be the same.

Cross-examined by Mr. Alley. Q. You are appointed to take care of leather? - A. No; I did it for the good of my master.

Q. Your master is answerable for leather if it is lost? - A. Yes.

Q. You act as servant to Salloway? - A. Yes; and Mr. Hickes too.

Q. Does Hickes employ you? - A. Yes.

RICHARD FERRIS sworn. - Examined by Mr. Knapp. On Wednesday the 20th of February, about six o'clock in the morning, I saw the two prisoners in Petticoat-lane, Isaacs was first, and he had a bundle of leather upon his shoulder, he had no hat on; Belasco was behind him, close to him, with this bag under his arm, and a man's hat in his hand.

Q. Had he a hat upon his head besides? - A. No.

Q. So that the leather prevented him from wearing a hat? - A. Yes; I made a snatch at Isaacs, and he dropped the leather almost upon my feet, and attempted to run; Belasco also attempted to run, and I called out to Armstrong to stop him, I pursued Isaacs; he ran about four or five yards, and then Peach caught him, he was not above three or four yards from me all the time; I brought him back to where the leather was dropped; I picked up the bag and the hat that Belasco had dropped; Isaacs then said, give me the hat, it is my hat.

Cross-examined by Mr. Alley. Q. The man was carrying the leather publicly upon his back? - A. Yes.

Q. Without any concealment? - A. Yes.

Q. And they had a sack? - A. Yes; but that was not big enough to put it in.

Mr. Knapp. Q. Did you make any observation of Belasco's back? - A. Yes; there was the tan of the leather upon his back.

JOHN ARMSTRONG sworn. - (Produces the leather.)I have had it ever since, it is directed to Samuel Salloway , Leadenhall-market, London.

Court. Q. Did you observe Belasco's back at all? - A. Yes; it was just as if he had been carrying the leather; we got another man to carry it for us, and his back was marked just the same.

Mr. Wright. I am sure it is my leather.

The prisoner left their defence to their Counsel.

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

Isaacs, GUILTY (Aged 23.)

Transported for seven years .

Belasco, NOT GUILTY .

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

Reference Number: t17990403-21

222. JOSEPH SEDGLEY was indicted for breaking and entering the dwelling-house of Christopher Matthews , about the hour of one, in the night of the 7th of March , and burglariously stealing two wooden drawers, value 1s. 168 pieces of copper money, called penny-pieces, 474 halfpence, and 30 farthings, the property of the said Christopher .

(The case was opened by Mr. Knowlys.)

CHRISTOPHER MATTHEWS sworn. - Examined by Mr. Knowlys. I am a butcher , I live at No. 60, Aldgate High-street : On the 7th of March, I was the last person up in the house, I went to bed about ten, my premises were then all safe locked up; I was the first up in the house, I went to bed about ten, my premises were then all safe locked up; I was the first up in the morning, I got up about six o'clock, I found that the tiling had been taken off the slaughter-house; the slaughter-house and the shop is all in one, under the same roof that my house is; I missed a great number of penny-pieces, halfpence, and farthings; I suspected the lad at the bar, and I took him to the officers, with a neighbour or two; I apprehended him in his father's house, about eleven o'clock on Saturday morning the 9th.

Q. When you took him; what passed between you? - A. I did not ask him any questions; he said, when I came up to him, stop, I know what you want, I want to go back for my hat.

Mr. Knapp. Q. Had you said nothing to him before that? - A. No, nothing at all.

Mr. Knowlys. Q. How far is his father's house from your's? - A. A very little way, it is in Arrow-alley; we met Mr. Griffiths in Alie-street, and delivered him up to him; I was present when he was searched, I found upon him some halfpence tied up in a handkerchief.

Q. Did you count them? - A. No, I did not; we found two-pence more in his waistcoat pocket, which, he said, was not mine; that was the very expression he made use of.

Q. What quantity of halfpence did you lose altogether? - A. Somewhere about two pounds, in halfpence, farthings, and penny pieces.

Cross-examined by Mr. Alley. Q. You do not mean to swear to the quantity of halfpence? - A. No.

Q. This lad lived with his father up to the time he was apprehended? - A. Yes.

Q. Do you know how old this unfortunate lad is? - A. I believe he is about fifteen.

Q. The time that you apprehended him at his father's house, was two days after this had taken place? - A. Yes.

Q. Therefore, if he had been so minded, there was plenty of time for him to have gone any where else? - A. Yes.

Q. You were not present when any conversation took place between the officers and the boy? - A. No.

Q. Have you heard that there is a forty pounds reward for burglary? - A. Yes.

RICHARD OSMOND sworn. - Examined by Mr. Knowlys. Griffiths delivered the prisoner into my custody. (The witness ordered to withdraw).

JOHN GRIFFITHS sworn. - Examined by Mr. Knowlys. I am an officer; the prisoner was delivered to me by Mr. Matthews and another neighbour; I was going out, and I delivered him into the hands of Osmond; I returned, and went into the room where they were; I believe Smith was not there at that time.

Q. Before you relate any thing that the prisoner said, did you, or any body in your hearing, tell him it would be better for him to confess, or worse if he did not? - A. No.

Mr. Knapp. Q. What Osmond might say to him when you were not there, you do not know? - A. No.(Osmond called in again).

Osmond. I found upon the prisoner this parcel of halfpence and penny pieces.

Q. Did you say any thing to him to persuade him to tell every thing that he knew about it, or make him any promise of favour? - A. No, nor any body else in my hearing.

Q. Do you remember such an expression as this- tell us what you know about it, and save yourself from being hanged? - A. No, there was nothing of the kind. After that I found two-pence in his waistcoat pocket, and he said it did not belong to Mr. Matthews: Griffiths said, there were more halfpence missing; and he said, if they would send for his father, he would tell them; then he said that they were hid under a stone in his father's yard; Griffiths and another went there, and after they were gone, he said he had missed telling them of the drawers which were under the cellar stairs, and then Smith went after them; when Griffiths came back, he said something which I did not hear.

Cross-examined by Mr. Knapp. Q. He referred you to his father's house, and to his father, for the rest of the things that you had not found upon him? - A. Yes.

Q. His father was at home? - A. Yes.

Q. Therefore, whether his father might not have given him these things, you cannot swear? - A. I cannot.

Q. And every thing that was found by his reference to his father's house, were found in his father's house? - A. Yes; his mother told him he had better tell the truth, while Griffiths was gone.

EDWARD SMITH sworn. - Examined by Mr. Knowlys. I found these two drawers by the direction of the prisoner under the coal box in his father's cellar; I found them exactly where he had directed me.

Cross-examined by Mr. Knapp. Q. He gave you directions where to find them; but whether he had put them there, or whether his father or any body else had put them there, you cannot tell? - A. No.

JOHN GRIFFITHS sworn. - Examined by Mr. Knowlys. - I am one of the Police-officers, (produces some money); I found it at his father's house under a stone in the ground; the prisoner told me it was hid there; I asked him who was with him in the robbery of Mr. Matthews, and he said, no person but himself.

Matthews. These are my drawers, I have tried them, and they fit exactly.

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

GUILTY Death . (Aged 15.)

The prisoner was recommended to his Majesty's mercy by the Jury and the prosecutor, on account of his youth .

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

Reference Number: t17990403-22

223. JOHN WILLIAMS was indicted for feloniously stealing, on the 19th of March , eight yards of woollen cloth, value 3l. 10s. the property of Miles Atkinson , privately his shop .

MILES ATKINSON sworn. - I keep a woollen-draper's shop in St. Paul's-church-yard : On Tuesday, the 19th of March, I lost eight yards of livery cloth; I was alone in the shop at the time.

Q. Did you see the prisoner in the shop? - A. No, I did not; I missed it about three o'clock in the afternoon; I went backwards into the accompting-house; I had not wrote three words, before I found I wanted a book; I went into the shop again directly to look for the book, and missed the cloth immediately; a person came in and told me I had been robbed by two men; if I would go with him, he would shew me the house they were gone into; I went with him to the Queen's-head, in Queen's-head-alley, Newgate-street; I directly went into the tap-room, and saw two men with this piece of cloth lying before them; there was a handkerchief round it at that time; I directly called the waiter into the room, and told him to fetch a constable, for those men had robbed me of that piece of cloth; the man came back, and said, he could not meet with one, and Waller, the evidence,

said, I will go then, but take care of them; there were two other men in the room; in about two minutes they got up, and wanted to go, but I told them they should not; I was obliged to collar them both, but one of them got away from me; the landlady had set him back against the door, and he knocked her over almost; the two men that were sitting there would not assist me, though I asked them; he got away, so that I only detained the prisoner at the bar.

ROBERT WALLER sworn. - On Tuesday, the 19th of March, about three in the afternoon, I was going along St. Paul's-church-yard, and I saw two men that I suspected were after something that was not right; I drew myself a little off, about the distance of this Court; I lost one of them instantaneously; in a quarter of a minute afterwards, I saw the prisoner come out of Mr. Atkinson's shop with a piece of yellow cloth under his arm; the other then joined him; I let them pass me; I followed them through Cannon-alley, across Paternoster-row; when they got into Cannon-alley, the prisoner drew out a handkerchief, and threw it to his companion to cover the cloth with; that was not sufficient, and his companion pulled out another, and endeavoured to cover the remainder part of the cloth with it; they then went into the Queen's-head, in Queen's-headalley; I immediately ran back to Mr. Atkinson's; I asked him if he had not lost some cloth; Mr. Atkinson appeared confused, and said, he had just missed it; I told him to go to that house and he would find it; I went in at one door, and he at another, and there they were with the cloth; the waiter could not get a constable, and I went, and while I was gone for a constable, one of them made his escape.

Q. Have you any doubt that the prisoner was one of them? - A. Not the smallest.(The constable produced the cloth).

Mr. Atkinson. This is my cloth; I tried it in the presence of the constable with the piece that I had cut it off from, and it matched exactly.

The prisoner did not say any thing in his defence, but called three witnesses, who gave him a good character. GUILTY (Aged 18.)

Of stealing, but not privately .

Transported for seven years .

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

Reference Number: t17990403-23

224. ANN GROCOCK was indicted for feloniously stealing, on the 19th of March , thirty-six penny pieces, value 3s. and two hundred and eighty-eight halfpence, value 12s. the property of Samuel Kettle .

SAMUEL KETTLE sworn. - I live at the Golden Fleece, Well-court, Cheapside ; the prisoner was my servant near three months: a neighbour sent to me, and in consequence of what he told me, I marked some copper money, put it into the till again, and the next morning he brought some halfpence which he had taken of my servant; his name is Forbham.

WILLIAM-EDWARD FORBHAM sworn. - (Produces some halfpence).

Kettle. These are the same halfpence that I marked.

Forbham. I keep a small shop for greens and oysters: The prisoner one night brought me twelve shillings worth of halfpence and penny pieces, and asked me if I could give her silver for them; my little girl counted them up, and put them in sixpenny-worths in a row; they were all sorts, good and bad, and I thought from that that they had come out of a till; I sent for Mr. Kettle, and told him of it; I persuaded him to mark some; accordingly he marked some, and the very same day she brought me ten-pence halfpenny of marked halfpence.

Q. Look at that money - See if that is the money that she brought to your house? - A. Yes it is.

Prisoner's defence. I leave it to the mercy of your Lordship and the Gentlemen of the Jury: I have not a friend in the world; I have not been from the country a twelvemonth; my friends live a great way off; I have not a friend in the world to speak for me; that man was to give me a pound for twenty-one shillingsworth.

Court. (To Forbham). Q. Did any thing of that sort pass between you? - A. Yes, it certainly did.

GUILTY . (Aged 20.)

Privately whipped , and discharged.

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

Reference Number: t17990403-24

225. JOHN DOYLE was indicted for feloniously stealing, on the 28th of February , three glass tumblers, value 9d. the property of John Ogden and George Bacchus .

GEORGE BACCHUS sworn. - I am in partnership with John Ogden; we are glass manufacturer s: On the 23d of February I lost some tumblers placed in a very suspicious situation upon our premises; I went, took the tumblers, marked them, put them again in the same situation from whence I took them; there these tumblers remained till about five o'clock that afternoon, about which time I had occasion to send the prisoner out with some goods; he was our porter ; he had lived with me about three or four months; before he went out, I desired him to come up stairs for a bill of the

goods he was going out with; I desired him to empty his pockets, I knew he had got them at that time; and then he fell upon his knees, begged for mercy, and pulled them out of his pocket.(The constable produced them.)

Prosecutor. These are the tumblers that I marked; I never had any reason to suspect him before, and we had a very good character with him.

Cross-examined by Mr. Alley. Q. Who was it he came into your service from? - A. A gentleman in the Borough.

Q. A gentleman that he had lived three and twenty years with? - A. I cannot say.

JOHN WELLS sworn. - I was there as warehouseman, stowing goods in the room at the time the prisoner came up, and Mr. Bacchus made him deliver the tumblers into my hands; these are the tumblers.

THOMAS HUGHES sworn. - I am an officer, I took charge of the prisoner.

The prisoner left his defence to his Counsel, and called one witness, who had known him eleven years, and gave him an excellent character.

GUILTY (Aged 50.)

Confined six months in Newgate , and fined 1s.

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

Reference Number: t17990403-25

226. THOMAS CONNOR and RICHARD BUSTED were indicted for feloniously stealing, on the 13th of March , nine pounds of raw sugar, value 4s. 6d. the property of Joseph Sabine , Robert Waghorn , John Sabine , Thomas Knight , Henry Ventris , John England , Timothy Hewlett , Thomas Hinton , Jonas Deare , and John Baker .

JONAS DEARE sworn. - I live at Mile-End Turnpike: On Wednesday the 13th of March, I was informed that there were two men supposed to be breaking into the buildings; I went up the stairs leading to our warehouse.

Q. Were is your warehouse? - A. At Galleyquay ; I called a man to assist me; we went up three pair of stairs, and there I saw the prisoners, one of them, Connor, was filling his pockets; and the other had his hat in his hand, which he dropped; I immediately seized Connor, and asked him what he was doing; he attempted to throw the sugar, that he had about him, about the room that he was in; I then pulled him from that room to the loop-hole, there I called out for assistance; while I was standing with him there, he attempted to throw me out of the loop-hole down stairs, and in the struggle we both sell together upon the stairs, and he was trying to throw me over his head; but the other person, who had got the other prisoner in hold, Jonas Deare , assisted me; and I detained him till I got more assistance; an officer came up, and took charge of both the prisoners; as soon as the officer had taken charge, I tried the lock, and found it had been picked; the lock had been, at different times, opened in a way that I could not account for; the officer took a knife out of Connor's pocket, with a kind of matter that would pick a lock, something in the shape of a horse-picker, in the handle of the knife; I saw the officer unlock the lock the next morning with it; there was about four pounds of sugar in Connor's pocket; and in the hat, which Busted dropped, I found five pounds of sugar.

Q. Who did this warehouse belong to? - A. All the goods are under our locks: Joseph Sabine, Robert Waghorn, John Sabine, Thomas Knight, Henry Ventris , John England , Timothy Hewlett , Thomas Hinton , Jonas Deare, and John Baker.

Q. What do you call yourselves? - A. We are commonly called gangsmen .

JONAS DEARE sworn. - On Wednesday the 13th of March, I was standing upon the Quay, between three and four o'clock, when Mr. Deare called to me; I followed him up three pair of stairs, and then I saw Mr. Deare had hold of Conner; Busted had just passed Mr. Deare, when I laid hold of him; I turned round, and saw Connor taking sugar out of his pocket and chucking it out into the Capsail-room; the boy, Busted, begged of us to let him go; I told him I should do no such thing; Connor resisted Mr. Deare very much, and had got him down upon the stairs; he would have chucked him over the stairs if I had not got hold of him.

Q. You are sure that is the boy? - A. Yes.(The constable produced the sugar and the knife.)

Mr. Deare. This is the same sort of sugar that was in our warehouse; we weighed the hogshead, and found half a hundred and sixteen pounds deficient.

Connor's defence. I was at work in the warehouse, I saw the door open, and I went in and took a bit of sugar.

Busted's defence. I was at work in the warehouse, but I did not take any of the sugar.

Busted called five witnesses, who gave him a good character.

Connor, GUILTY (Aged 22.)

Transported for seven years .

Busted, GUILTY (Aged 16.)

Confined three months in Newgate , and whipped in the Jail .

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

Reference Number: t17990403-26

227. THOMAS GREEN was indicted for making an assault, in a certain field, and open place, near the King's highway, upon Sarah Jarvis , on the 28th of March , putting her in fear, and taking

from her person a cap, value 12d. a silk bonnet, value 12d. a cloth cloak, value 10s. a pair of stays, value 6s. a shift, value 12d. a pair of woman's leather shoes, value 12d. a child's linen frock, value 18d. a silk handkerchief, value 12d. and a cotton handkerchief, value 18d. the property of James Jarvis .

SARAH JARVIS sworn. - Q. How old are you? - A. Turned of sixteen.

Q. Are you the daughter of James Jarvis? - A. Yes.

Q. Do you live in your father's family? - A. Yes; at Longford.

Q. Is that in the county of Middlesex? - A. Yes.

Q. Whose property were the things mentioned in the indictment? - A. All my father's property; they were taken from me last Thursday, between eleven and twelve o'clock in the forenoon; I had been at my sister's, at Drayton , and was bringing these things home; I met the prisoner in a field, he came through a gap, and took hold of me; and then he took my bonnet, my cloak, and my cap off; he then went away to the gap, and then he came from the gap again, and ran after me; he did not ask me for my bundle, but I chucked him my bundle, and told him if he would not hurt me he should have the bundle; he picked up the bundle; then he ran after me, and threw me down; and then he went away with the bundle; I never saw him before that day.

Q. Were the things ever returned to you afterwards? - A. No.

JAMES JARVIS sworn. - I am the father of the last witness; the property that was lost was mine.

Q. Your daughter lives with you? - A. Yes.

Q. What has been her behaviour - has it been that of a modest, decent, good girl? - A. Nobody can say otherwise of her.

WILLIAM EAST sworn. - I apprehended the prisoner about half an hour after he had done the robbery, about half a mile beyond Drayton, on the Uxbridge road; he had a bundle with him. (The property was produced, and deposed to by the girl).

Q. (To East.) Do you know any thing of the prisoner? - A. No; he said he was a Shropshire man.

The prisoner did not say any thing in his defence.

GUILTY Death . (Aged 19.)

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17990403-27

228. SAMUEL WISE was indicted for breaking and entering the dwelling-house of Christiana Govin , widow , about the hour of ten, in the night of the 16th of March , with intent to steal her goods, and burglariously stealing a cheese, value 20s. the property of the said Christiana .

CHRISTIANA GOVIN sworn. - I am a widow, I live at No. 26, Fox's-lane, Shadwell , I keep a china-shop : On the 16th of March, I lost a cheese; the door had just been fastened, and my little maid saw the prisoner go out with a cheese under his arm; then I ran up stairs, I was in the kitchen, I went after him, and overtook him with the cheese; it was so heavy he could not carry it any further.

Q. Whereabout was this cheese before you lost it? - A. Lying upon the counter; I saw it there a few minutes before, I had just left the shop.

ROBERT BROWN sworn. - I am an officer, (produces the cheese); I apprehended the prisoner on the 18th.

Mrs. Govin. I know this to be my cheese.

Q. Do you deal in cheeses? - A Yes.

MARY-ANN COOPER - Q. How old are you? - A. Going on fifteen.

Q. Do you know the consequence of taking a false oath? - A. I shall go to hell. (She is sworn.) I live with Mrs. Govin: On the 16th of March, at night, I shut the door and went up stairs; and about two minutes after I saw the prisoner go out of the shop with the cheese under his arm.

Q. Was the door broke open? - A. No; he opened the door and came in, and took it off the counter.

Q. You did not lock or bolt the door? - A. No; I gave the alarm to Mrs. Govin, and she went after him; this is the same cheese.

Q. Are you sure the door was shut? - A. Yes.

Q. Did you see enough of the man to say the prisoner is the same man? - A. No; I did not see his face.

Q. (To Brown.) When did you get possession of the cheese? - A. On Tuesday Mrs. Govin deseribed the prisoner to me, and told me he worked at Mr. Abell's, the paviour.

Mrs. Govin. I have known him for some years.

Brown. The reason he was not apprehended before was, we expected to apprehend another person who was with him.

JOSEPH HAYNES sworn. - I am an officer: I went with Brown and apprehended the prisoner.

Prisoner's defence. I work for Mr. Abell, I was at pay-table at the time that this was done; I did not go away from there till past ten o'clock.

The prisoner called his uncle, who gave him a good character.

GUILTY Death . (Aged 25.)

The prisoner was recommend by the Jury to his Majesty's mercy .

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

Reference Number: t17990403-28

229. WILLIAM HOWARD was indicted for feloniously stealing, on the 14th of March ,

seven pounds and three quarters of flour, value 1s. 2d. the property of Daniel Russel .

DANIEL RUSSEL sworn. - I am a baker , I live in Tower-street ; the prisoner lived journeyman with me; I had a suspicion that I had been robbed for some time past; accordingly I got two witnesses, my brother and another, to search the cellar; I learned that there was a bag concealed in the cellar, and I got a constable to attend on Thursday, the 14th of March, one of the Marshal's men, his name is Lawrence; it was about half past twelve o'clock at noon when he detected him; I saw a bag of four taken out of his breeches, it weighed seven pounds three quarters.

ALEXANDER FORSHAW sworn. - I am a dealer in spirituous liquors, in Tower-street: In consequence of the prosecutor mentioning his suspicions to me, I, in company with his brother, searched the cellar, on the 12th of March, between ten and eleven in the forenoon; we found a bag of flour secreted in a hole between the plaister of the ceiling and the shop floor: after making this discovery, the master wished to ascertain which of the two men it was that robbed him; I saw the prisoner come in and go down into the cellar; he staid some time, and after his return from the cellar, he went out, loaded with bread; I went down into the cellar, in company with the other witness, Henry Russel , and we found the flour was gone: on the following morning there was the same quantity there again, and in consequence of what passed that day, I went with Mr. Russel to Lawrence, the Marshal's man; but before that I went down stairs into the cellar, that was on the 14th of March, and I found double the quantity of flour concealed in the same place that there had been the two days before; the prisoner went out with a load of bread, and the Marshal's man and I followed him on to St. Dunstan's-hill; the Marshal's man stopped him, and brought him back to his master's; he searched him there, and found a bag, containing the quantity stated in the indictment; I saw it weighed; there were seven pounds and three quarters of it.

HENRY RUSSEL sworn. - I am the brother of Daniel Russel : On the 14th of March, in consequence of a suspicion, we went into the cellar, and found concealed in the cieling a bag filled with flour; we waited till the prisoner came in; he went down stairs, as it was his custom to do for some time past.

Q. Had he any business to do there? - A. No; when he came up again, I went down and found the flour was gone; I followed him to the door, he was just going from the door; Mr. Lawrence and Mr. Forshaw came over and stopped him, just as he had got to the top of St. Dunstan's-hill, brought him back, searched him, and found the flour upon him; he sald, he hoped his master would consider his wife and family, and have mercy upon him.

THOMAS LAWRENCE sworn. - In consequence of information I received, I went on the 14th to Mr. Forshaw's shop; I staid there till I received the signal that was agreed upon; I followed the prisoner, and charged him with having something that did not belong to him; he said, he had not; I took him back to his master's, I took him into the kitchen, and in his breeches I found this bag of flour; I saw it weighed; there are seven pounds three quarters of it.

Prisoner's defence. Upon my entering my master's house, I made an agreement for bread and flour for my own use, at sixteen shillings a week: I had a wife just lain in, and I took some flour home, I thought no harm in taking it; I lived with my master between six and seven years.

Q. (To Russel). How long did he live with you? - A. Between six and seven years; he had nineteen shillings a week from me, and his bread, but never suffered him to take any out of the house, and flour I never allowed him any; he has been married about two years.

GUILTY . (Aged 25.)

Confined three months in Newgate , and fined 1s.

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

Reference Number: t17990403-29

230. CATHERINE SQUIRES was indicted for feloniously stealing, on the 28th of February , a table-cloth, value 21s. and a brass candlestick, value 4d. the property of the Right Hon. Francis Chartres , commonly called Lord Elcho.

JAMES TAYLOR sworn. - I am butler to the Right Honourable Lord Elcho, No. 50, Lower Grosvenor-street : On the 28th of February, between three and four o'clock, the prisoner came down the area steps; she came into the passage that enters into the body of the house; the first room on the right hand is the pantry, wherein she went, where she concealed a brass candlestick and a tablecloth, one in her pocket, and the other under her cloak; the other witness, Hannah Scott , seeing her come out of the pantry, detained her there till I came: on searching her, I found the candlestick and the table-cloth as I have described; that was all the property she had belonging to his Lordship.

Q. Was there any plate lying about the pantry? - A. We happened to have a great deal of company that day, and the plate was all carried up stairs; I never saw her before to may knowledge; she had got a basket with matches, two or three small bundles, and said, she came down to sell her matches; it is my Lord's table-cloth, it is marked S E.

HANNAH SCOTT sworn. - I am a servant of Lord Elcho's; I had been making the butler's bed,

and as I came out of the bed-room, I saw the prisoner in the butler's pantry; I asked her how she could have the impudence to come there; she said, she came to sell matches; I stopped her, and called the butler to search her; the butler took from her a table-cloth, and a candlestick; and two pint pots, which were not our's.

Q. Were those pint pots taken from your house? - A. No.

Prisoner's defence. I beg mercy of the Court, for I am almost dead with poverty and starving.

GUILTY . (Aged 75.)

Privately whipped , and discharged.

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

Reference Number: t17990403-30

231. SUSANNAH PRIEST was indicted for breaking and entering the dwelling-house of Elias Isaacs , about the hour of ten in the night of the 12th of March , with intent to steal the goods therein being, and burglariously stealing a man's waistcoat, value 12d. a silk bonnet, value 6d. a muslin cap, value 6d. half a yard of ribbon, value 3d. a silk fash, value 6d. a fan, value 6d. and a wooden trunk, value 6d. the property of Lydia Harcourt ; a feather-bed, value 30s. a pair of sheets, value 10s. two blankets, value 2s. a coverlid, value 2s. and a bolster, value 2s. the property of Elias Isaacs .

LYDIA HARCOURT sworn. - I rent a ready-furnished room of Elias Isaacs , on the ground floor, in Little Essex-street, Whitechapel : On the 12th of March, about six o'clock in the evening, I fastened the window-shutters with a black handled fork; I went out, locked the door, and returned between ten and eleven o'clock, and found nothing in the room but three chairs, a table, a pair of white stockings, and a bedstead; I found my things afterwards in the prisoner's daughter's room.

MARY ISAACS sworn. - I am the wife of Elias Isaacs ; I was in bed, I did not see any thing of it; I can only speak to the property.

SARAH GREENWOOD sworn. - I live in the same court; I was going down the court towards home between ten and eleven in the evening, I saw the prisoner get in at the window.

Q. Did she break it open by force? - A. I do not know, I saw the fash up; she stood in the room as near as I can guess about five minutes, and then she brought out the bed-clothes with her; she carried them into her own room, and then I saw her go in again and bring out the bed; she then went in again, and brought out a bonnet and a waistcoat; and the fourth time she went in and brought a trunk out.

Q. Did you speak to her? - A. Yes, the first time I saw her I spoke to her; I cried out, holloa, who is that getting in at that window; she made no answer, but went into her own room.

Q. How near is her house to this? - A. Next door but one, and her daughter's is next to that; she took the bed into her own room, and the rest of the things into her daughter's.

Q. Have you ever had any quarrel with the prisoner? - A. No.

- DOWNES sworn. - I am a watchman in Whitechapel parish; I was in the watch-house that night along with the beadle; I went down to Little Essex-street, and found the property out in the middle of the street. (Produces it).

- SELFRIDGE sworn. - I am a watchman: On Tuesday, the 12th of March, between ten and eleven o'clock, I saw three women running; I asked them what was the matter; I went and took the prisoner into custody, and took her to the watch-house.

Harcourt. This waistcoat and bonnet are mine.

Q. Are you sure you fastened the window? - A. Yes.

Q. (To Isaacs). Look at that bed and bedding, are they your husband's property? - A. Yes, they are.

Prisoner's defence. I had a drop of liquor in my head, and I made a mistake, the rooms being near to each other; I took the things out, thinking to frighten them.

GUILTY Death . (Aged 62.)

Tried by the second Middlesex Jury, before Lord KENYON.

Reference Number: t17990403-31

232. JAMES PAGE was indicted for making an assault upon Sarah, the wife of Conrade Vidall , in the dwelling-house of the said Conrade, on the 19th of March , putting her in fear, and taking from her person a leather purse, value 1d. and two pounds ten shillings, the monies of the said Conrade .

SARAH VIDALL sworn. - I am the wife of Conrade Vidall; I live at No. 6, New Lisle-street , I keep a confectioner's and pastry-cook's shop : On Tuesday night, the 19th of March, between seven and eight o'clock, two men came into the shop; one of them asked if I had a custard; I told him I had not; he then took up a cake; the other said, come along; the other said, no, you shall not go without having something, and then they had a tart each, and when he was eating of it, he threw down a seven-shilling piece; I rather suspected them; I doubted the seven-shilling piece; I sounded it on the counter, and found it to be a very good one.

Q. Was the prisoner one of those persons? - A. The prisoner was the person that did every thing,

the other did nothing; I founded it, and told him I could not change it; I pulled out the till, which had silver in it, and I said, yes, sir, I can; and I took the purse out of the till, which he snatched out of my hand; and as he was wrenching it out of my hand, he could not get it out of my hand easy; he dropped a seven-shilling-piece out of it; then they both ran away with the purse, and the money that was in it.

Q. What was in your purse? - A. I cannot say positively to the money that was in the purse, I put, myself, into it, in the afternoon, a guinea and some silver; and there was gold and silver in the purse before, but how much I cannot say.

Q. Was there any struggle between you? - A. No, it was a sudden snatch; I was frightened, and put down the silver that I had in my other hand to endeavour to save the purse, but he got it from me, and ran away.

THOMAS TAYLOR sworn. - I heard a cry of stop thief, I went to the door, and saw two men running down Leicester-place, seeing nobody running after them, I ran after them myself, and took the prisoner; he was searched in the pastrycook's-shop, and the purse found upon him; or, it was seen to drop from him.

JOHN NORTHALL sworn. - I am a constable: Mrs. Vidall saw it fall from his side upon the floor.

The prisoner put in a written defence, throwing himself upon the mercy of the Court, and stating that he lived with his father, a butcher, in Clare-market; that as soon as he was taken up, his father was distrained upon, and dragged to jail, and therefore he was prevented from having the benefit of Counsel.

One of the Jury. Q. Did any body see him drop the purse?

Mrs. Vidall. I saw the purse drop from him, and the constable picked it up.

GUILTY (Aged 15.)

Of stealing, but not violently .

Transported for seven years .

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

Reference Number: t17990403-32

233. WILLIAM SPARKES was indicted for breaking and entering the dwelling-house of Charles Milner , about the hour of twelve, in the night of the 12th of March , with intent to steal the goods therein being, and burglariously stealing a hempen sack, value 2s. three turkies, value 31s. 6d. eight hen fowls, value 12s. two drakes, value 3s. a bridle, value 8s. and a saddle, value 31s. 6d. the property of the said Charles .

CHARLES MILNER sworn. - I live at Hackney, near London-fields : On the 12th of March, about twelve o'clock, my wife waked me, and said there was somebody breaking into the house; I got up about half past five, and the maid gave me information that the house had been broke open.

Q. What part of the house was broke open? - A. The washhouse.

Q. Is there any communication from the washhouse to the house? - A. Yes; and the cowhouse and all is made out of a barn; I went to bed about half past nine the night before, and when I got up in the morning, I found every door broke open, and the staples drawn; I missed three hen turkies that roosted in the washhouse, eight hens, and two drakes, that was all the poultry; a bridle and saddle, and a corn sack; the prisoner ploughed for me, I am a farmer; the prisoner did not come to work the next morning, and I suspected he was the thief.

CHARLES WATSON sworn. - I am a carpenter: Between seven and eight o'clock, in the morning of the 13th of March, I saw the prisoner go across Mr. Darby's Park, I saw him putting something into a sack, I suspected him; I went up to him, and chocked three turkies out of the sack.

Q. Were they in their feathers? - A. Yes.

Q. Were these turkies afterwards produced to Milner? - A. Yes.

Q. (To Milner.) Were the turkies that were produced to you your property? - A. Yes, I am sure of it; they were all marked.

JAMES GRIFFITHS sworn. - I was sent for to take the prisoner into custody. (Produces the sack).

Milner. This is my sack.

Watson. This is the sack that I found upon him with the turkies.

Prisoner's defence. I was going across the field, and found this sack and the three turkies, and I picked them up.

GUILTY Death . (Aged 63.)

Tried by the second Middlesex Jury, before Lord KENYON.

Reference Number: t17990403-33

234. RICHARD ALLEN was indicted for feloniously stealing, on the 26th of March , a wooden box, value 3s. and twenty-four pounds of butter , value 20s. the property of Henry Littlechild .

The prisoner was observed to take the box from the Cambridge Fly, which was overturned at Islington , but the box never having been found, and there being no evidence of the contents of it, the prisoner was

ACQUITTED .

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

Reference Number: t17990403-34

235. MARIA GURDHAM was indicted for feloniously stealing, on the 18th of March , two shirts, value 8s. a linen sheet, value 3s. a pair of nankeen breeches, value 3s. a dimity waistcoat, value 2s. a pair of cotton stockings, value 12d.

and a neck-handkerchief, value 12d. the property of John Allingham .

JOHN ALLINGHAM sworn. - I keep the Greendragon, in Hart-street, Covent-garden : On the 18th of last month, I missed two shirts, a sheet, and a pair of stockings; the girl at the bar lived servant with me, we accused her of it, and she denied it strongly; she came to live with me on the 1st of March, I had a character with her from Princes-street, Westminster; I missed the things from my bed-room.

Q. Are you a married man? - A. Yes.

Q. Did you search her boxes? - A. No; the things were found at the pawnbroker's.

SAMUEL MORRITT sworn. - I am a pawnbroker, I live with my mother, in Long-acre,(produces the property); I took them in of the prisoner, at different times.(They were deposed to by the prosecutor).(The pawnbroker received a severe reprimand from the Court).

GUILTY (Aged 18.)

The prosecutor having consented to take her into his service again, the Court ordered her to be privately whipped , and discharged.

Tried by the second Middlesex Jury, before Lord KENYON.

Reference Number: t17990403-35

236. JOHN MOSELY was indicted for feloniously stealing, on the 4th of March , a saddle, value 50s. the property of Richard Daniel .

There being no evidence to affect the prisoner, he was

ACQUITTED .

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

Reference Number: t17990403-36

237. MARY UNDERHILL and DANIEL FEAR were indicted, the first, for feloniously stealing, on the 17th of February , a feather-bed, value 20s. a pair of sheets, value 2s. a blanket, value 1s. 6d. a set of fire-irons, value 1s. 6d. a copper tea-kettle, value 2s. an iron saucepan, value 12d. and a pair of bellows, value 12d. the property of Richard Angel , in a lodging-room, in the dwelling-house of the said Richard, let by contract to the said Mary Underhill ; and the other for receiving the same goods knowing them to be stolen .

LYDIA ANGEL sworn. - I am the wife of Richard Angel, I live at No. 133, Great Saffronhill , I let a lodging to the prisoner Underhill: On the 29th of January last, the things mentioned in the indictment were in the room; she came in the same night, and continued a fortnight; I found she was not a steady woman, and I gave her notice to quit; she went on Sunday the 17th, I believe, but I did not know she was gone till the 18th; I then missed the things mentioned in the indictment.

Q. Did they all belong to your husband? - A. They did.

RICHARD ANGEL sworn. - I apprehended the prisoner, Underhill; I asked her where the things were, but she was ready to tell me without.

Q. Did you make use of any threats to her? - A. No.

Q. Nor tell her it would be better for her to confess? - A. No; she said they were at No. 71, in Fetter-lane; I went there, with a search-warrant and two officers.

Q. Who lives at No. 71, Fetter-lane? - A. I do not know their names; I found my bed cased in another tick, mine was a good tick, and it was covered over with an old one; in opening it I found duplicates between the two ticks; in consequence of those duplicates, I found a saucepan, bellows, and part of the fire-irons.

Q. Were these things part of the furniture let with the lodgings to the prisoner? - A. Yes.

Q. At what pawnbroker's did you find any thing to which these duplicates applied? - A. At Mr. Fleming's, in Fetter-lane, I found a tea-kettle and a blanket; and at Mr. Ashford's, in Baldwin's-gardens, I found a pair of sheets.

Q. Were these articles part of the furniture let with the lodgings? - A. Yes.

Prisoner Underhill. He promised to make it up with us when our friends came, and they came about ten minutes too late.

Witness. I never promised any such thing.

ROBERT ALLEN sworn. - I am servant to Edmund Fleming , pawnbroker, No. 39, Fetter-lane: I took these things in of a person of the name of Mary Phillips , not the prisoner.

Q. Who is Mary Phillips? - A. At the examination at Hatton-garden, it proved to be the wife of the prisoner Fear.

Q. Did she acknowledge that she was the wife of Fear? - A. Yes; they were pledged on the 18th of February. (Produces a blanket and a tea-kettle, which were deposed to by Mrs. Angel).

JAMES MARLOW sworn. - I am servant to Thomas Ashford , pawnb oker, No. 38, Baldwin's-gardens, (Produces a pair of sheets): On the 11th of February, the prisoner, Underhill, pledged a sheet with me for 2s. 6d.; on the 31st of January another sheet for 2s. 6d. (The sheets were deposed to by Mrs. Angel).

WILLIAM RHODES sworn. - I am an officer belonging to Hatton-garden: I searched the lodgings of Daniel Fear, No. 7l, in Fetter-lane, he lodged up in the garret; I found the tick and these duplicates. (Producing them).

Underhill's defence. I pawned nothing but the

sheets; I intended to get them out before I left the place.

Underhill, GUILTY (Aged 24.)

Transported for seven years .

Fear, NOT GUILTY .

Tried by the second Middlesex Jury, before Lord KENYON.

Reference Number: t17990403-37

238. RICHARD DUTTON was indicted for feloniously stealing, on the 29th of March , two yards of gingham, value 3s. two yards of calico, value 3s. five yards of other calico, value 5s. a flannel waistcoat body, value 3s. a pair of breeches, value 7s. a yard and a half of Russia duck, value 1s. 6d. three yards of woollen cloth, value 9s. six yards of nankeen, value 4s. a shawl, value 6s. a yards of serge, value 2s. two yards of flannel, value 3s. two yards of linen cloth, value 2s. a piece of tape, value 6d. and an ounce of sewing silk, value 2s. the property of Edmund Briggs ; and a pair of silver shoe-buckles, value 10s. the property of John Briggs .

EDMUND BRIGGS sworn. - I lost the things stated in the indictment, and a great number of other articles: The prisoner lived servant with me, and I turned him away about six or seven weeks ago for idleness; the goods were afterwards brought to me, I was present when part of them were found, some of them in his sleeping-room, and some other part in the garret in his house.

JOHN CLARKE sworn. - (Produces the property); I found most part of them in his sleeping-room, some from a chest of drawers, and some out of a chest that he had.

Briggs. This flannel waistcoat-body I can swear to, it was made for a gentleman, and returned to us again; I believe all the other things to be mine; these two pieces of cotton have had jackets cut out of them for gentlemen's servants.

Prisoner's defence. These two pieces of cotton were left with me by a young man that is gone to sea.

GUILTY (Aged 35.)

Transported for seven years .

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

Reference Number: t17990403-38

239. JAMES MURRAY was indicted for feloniously stealing, on the 15th of March , a silver saucepan, value 1l. and a silver pap-boat, value 10s. the property of Alexander Champion .

ALEXANDER CHAMPION sworn. - About the 15th of March I lost a silver saucepan and a silver pap-boat; the prisoner was my footman ; he left my service on the Thursday afternoon, without my leave; upon his not returning the next morning, I looked over my plate, and found these two articles missing; in the evening of the next day, one of my servants found in the pocket of his waist coat this duplicate.

Q. Is the servant here? - A. No.

HANNAH SEEK sworn. - I am servant to Mr. Champion, I know that these things were missing. - sworn. - I am servant to Mr. Alexander Purse ; the prisoner pawned a saucepan on the 7th of March for eleven shillings; I had never seen him before.

Q. Have you any doubt as to his person? - A. No. (Produces the saucepan).

Mr. Champion. I know this to be my property.

Prisoner's defence. It is the first time any thing of the kind ever happened to me before.

GUILTY . (Aged 27.)

Transported for seven years .

Tried by the London Jury, before Lord KENYON.

Reference Number: t17990403-39

240. JOSEPH WALKER was indicted for forging, on the 21st of February , a certain order for the payment of 65l. 10s. with intention to defraud Sir George William Prescott , Bart. George Grote , and John Hollingworth .

Second Court. For uttering and publishing the same as true, knowing it to be forged, with the like intention.

And in two other Counts, laying it to be with intention to defraud John Trevannion , Esq .(The case was opened by Mr. Knapp).

THOMAS WINDUS sworn. - Examined by Mr. Const. I am a messenger on the debtor's side of Newgate: On Thursday, the 21st of February last, I was going of an errand to Barbican, and just as I was coming out of the prison, Mr. Walker, the prisoner at the bar, called to me; I had known him when he was in prison in January, 1798; he went a little way with me, and then asked me if I knew the banking-house of Prescott and Co.; I said, yes; then he said, I was the very man he wished to see, he had got a draft of Sir George Prescott 's, which he wanted to take up, and if you are going that way, says he, I will be glad if you will take it up for me; says he, the reason I do not like to go there is, because there is a little account between them and me; I think he said between five and six pounds, and if I should go with it, they may recollect me, and may want to take it out of this, and that won't do; I was going to Doctors' Commons, and he was to wait for me at the Cock eating-house till I came to him; when I came to the Cock he was not there; the waiter said, a little man had been looking for me; he came in and gave me the draft; I just opened it and looked at the sum; it was 65l. 10s. and Mr. Colvill paid me a 40l. note, 20l. in smaller notes,

there might be, I think, three 2l. notes, and the rest 1l. notes, four half-guineas, nine seven-shilling pieces, and two half-crowns; I then returned to the Cock to the prisoner, and he was not there; when he came he would not take it there, because, he said, there were a great many swindlers always about there, and he should get robbed of it; he asked me which way I was going, I told him, to Barbican; he said it was all in his way home to dinner; then we went to the Nag's-head, in Aldersgate-street, we went in together, he called for some rum and water, and there I paid him the money; it was in a private room; he said, he knew that house, and I gave him the notes and money that I had received; he paid for the liquor, and gave me one shilling, and I went away; I saw no more of him till he was taken up.

Q. What do you mean by taking up the bill? - A. I went to take up the money for the bill.

Q. Did any thing pass upon your looking at the bill? - A. I made two observations upon it; Walker told me he lived at Mr. Austin's, a japanner's, in Cold-bath-fields, and when I saw the note, I said, it was very odd what Mr. Trevannion, the member for Dover, should want with japanned goods to such an amount; his answer was, that he laid out a great deal of money with him in the year; he could not tell whether it was for exportation or presents; the other observation I made was, this is all written upon paper, meaning there was none of it engraved, and he said, that is always the way he draws them.

ROBERT COLVILL sworn. - On Thursday, the 21st of February, the last witness came to me at Messrs. Prescott's, between twelve and one o'clock, and presented this draft for payment, (producing it); he said he wished to have it in small notes and cash; the amount is 65l. 10s. I paid him a 40l. note, 20l. in small notes, and the remainder in cash; I do not recollect what the cash was.

Q. You had information afterwards, I believe, that the forty pound note was stopped at the Bank? - A. Yes. In consequence of that, I went to the Secretary's office at the Bank, on Saturday the 23d, there I saw the prisoner; I asked him from whom he had the forty pound Bank note; he said he had it from Mr. Windus, who lived in Newgate-street; he said he knew that Windus had received it for a draft, which Messrs. Prescott's had paid a few days before; I told him I wished to see Windus, as I had paid the draft, and there was some mistake in it. Walker and I then left the Bank, and went to Newgate-street; and, in going along, he went into a silversmith's shop, and asked if they had any thing to do; the master of the shop said he had nothing for him to do then; Walker then wished me to remain there while he brought Windus to me, but I refused to let him go; then we went across Newgate-street, down a lane that led to Fleet-market; he went into a public-house, and enquired if Windus was there; a person there replied, he had been gone about half an hour; the prisoner then came out again, and went into another public-house, and made enquiry for Windus; but they did not know him; then he took me into a gin-shop in Newgate-street, and enquired for Windus, but they did not know him; then Walker said, I will go no farther with you, for it is no concern of mine. I then went into the first public-house I came to with him, and asked the publican if he knew Windus; the publican replied, that Walker knew very well where to find Mr. Windus; then I begged of the publican to tell me where I might find Mr. Windus, as Walker would not; and then he told me to go to Newgate, on the debtors' side, and I should hear of him; one of the turnkeys told me he was gone to Guildhall, and would return in about half an hour; then Walker, myself, and another man went all to Guildhall together; I then left Walker in custody of an officer at Messrs. Prescott's, and I went to Guildhall to find Windus; I did not find him there; I then went to Newgate, and found Windus, and then he went with me to Messers. Prescott's office, where Walker and the constable were. As soon as Windus entered the room, he said, Mr. Walker, how could you send me with this draft - you know it would have been a very serious piece of business to me, if you had not been found; Walker made no answer; we then went before the Lord-Mayor, and the prisoner was committed.

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

Q. How long have you been at Messers. Prescott's? - A. About thirteen years.

Q. Do you know any person of the name of Joseph Walker keeping cash at your house? - A. No; there is a William Walker .

Q. Did you hear any thing said before the Lord. Mayor that was not taken down in writing? - A. Yes; as he was going out of the office, he said he wished the business might be mitigated.

Q. Did he say from whom he had received the draft? - A. No.

Cross-examined by Mr. Knowlys. Q. The account that he gave you that he had received the forty pound note from Windus, Windus confirmed? - Yes.

Q. And it was likewise true, that it was received in payment for a draft at your house? - A. Yes.

Q. He never denied that Windus was the person from whom he had received that note? - A. No.

Q. From his information, perhaps, you would have been able to have traced the note without Windus? - A. I cannot say.

Q. What is the firm of your house? - A. Sir George William Prescott, Bart. George Grote , and John Hollingworth . (The note read).

65l. 10s. Pay the Bearer Sixty-five Pounds Ten Shillings, John Trevannion ,

Messrs. Prescott, Grote, 20th Feb. 1799. and Co. London.

Q. Did Mr. Trevannion keep cash at your house? - A. Yes.

JOHN TREVANNION , Esq. sworn. -(Mr. Knowlys having objected to the competency of of Mr. Trevannion, as a witness, be produced a release).

Mr. Const. Q. You keep cash at Messrs. Prescott's? - A. Yes.

Q. Is that draft your writing? - A. It is not.

Mr. Knapp. (To Windus). Q. Is that the same draft that you carried? - A. I believe it is the same.

The prisoner left his defence to his Counsel.

Evidence for the Prisoner.

CHARLES WILLIAMS sworn. - Examined by Mr. Knowlys. Q. What are you? - A. I am a cook by trade; I go to sea now, I came home in the Marquis of Lansdowne.

Q. Where did you work as cook before you went to sea? - A. At several gentlemen's houses.

Q. Do you know the prisoner at the bar? - A. Yes, I think I do.

Q. Where were you on the 20th of February last? - A. I was passing along Newgate-street.

Q. Did any thing draw your attention, as you were going along Newgate-street? - A. I saw the prisoner at the bar pick up a note much about lvy-lane, or between that and Warwick-lane.

Q. Had you the curiosity to look at it? - A. Yes; and I saw, as he held it in his left hand, that there was 65l. 10s. at the top, and at the bottom, on the left hand side, there was Messrs. Prescott and Company, bankers, in London.

Q. How came you to look at it? - A. Because something of a curiosity led me; I asked whether it was a Bank note; it was not a banker's check, it was only on common paper, and it was all written.

Q. What passed after that? - A. Nothing passed. I went then about my business, I was going to Hazard's lottery-office to enquire about a share of a ticket.

Q. How came it that you were found out as a witness? - A. I saw an advertisement in the papers to enquire at No. 13, Bateman's-buildings; it mentions for a gentleman, who had seen another pick up a draft; in consequence of that, I applied there; I then gave an account who I was, and where they might find me.

Cross-examined by Mr. Const. Q. Where do you live? - A. No. 6, Temple-street, Whitefriars.

Q. And you were going to Hazard's in Cornhill? - A. Yes.

Q. How did you make Newgate-street in your way from Whitefriars? - A. I generally do go that way.

Q. As the nearest? - A. Not as the nearest.

Q. How long have you known the prisoner? - A. I never saw him before; I only observed his picking up the paper.

Q. You were at some little distance? - A. Yes; and then I went up to him.

Q. Thinking it might be a Bank note, or something valuable, to claim a part of it? - A. Yes.

Q. On seeing it to be a banker's check, how came you not to claim your share of it? - A. I did not take it to be a banker's check, I did not take it to be any thing of consequence.

Q. And yet you have told us, you saw Messrs. Prescott and Co. bankers, London? - A. Yes.

Q. And your object in going to look at it was, to take half if it was valuable, and finding it was a draft for 65l. 10s. how came you to give up your share? - A. I did not ask it, as he had it in his hand, I looked over his shoulder.

Q. And you are sure it was directed to Messrs. Prescott and Company, banker s, in London? - A. Yes.

Q. Now this is not so; it is Messrs. Prescott, Grote, and Company, London; not a word about bankers? - A. I knew they were bankers.

Q. Did you not know it was a draft upon a banker? - A. I did not know but it might be a note not worth any thing.

Q. And so you happened to see something in the paper about it? - A. Yes.

Q. When was it you saw it in the paper - last week was it not? - A. Yes.

Q. You were looking in the paper to see what had become of your ticket? - A. No, not particularly.

Q. Where did you live at that time? - A. No. 6, Temple-street.

Q. Where did you see the paper? - A. I see it generally in George-yard, Newgate-street.

Q. Is that where the prisoner uses? - A. I never saw the prisoner in my life before.

Q. And who did you apply to when you saw it in the paper? - A. To No. 13, Bateman's-buildings.

Q. What was the purport of the advertisement? - A. If that person would apply to No. 13, Bateman's-buildings, they would save a poor industrious man and family, I don't recollect the words.

Q. By what means were you to save them? - A. By appearing.

Q. What did it say about it? - A. I cannot say how the words run, but it is about a person seeing this draft picked up in Newgate-street.

Q. Have you got the paper about you? - A. Yes. (Produces it).

Q. Now read it? - (Reads it).

Q. Now I will thank you if you will find any lottery in this paper - you know this was only last week? - A. No, there is no lottery in this.

Mr. Knowlys. Q. The house where you generally go to read the paper is in George-yard, Newgate-street? - A. Yes; I generally go there, every day, to smoke a pipe, and drink a pint of beer.

Mr. Const. Q. How came you by that paper that you now have? - A. I bought it last week, at the Royal-Exchange; last Friday.

Q. Who told you to buy it? - A. It was from curiosity to see more particulars.

Q. Then it was last Friday only that you wanted to satisfy yourself about the ticket? - A. Yes.

GUILTY Death . (Aged 44.)

Of uttering the note knowing it to be forged.

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

Reference Number: t17990403-40

241. CATHERINE HUGHES was indicted for feloniously stealing, on the 1st of April , an axe, value 7s. the property of William Scotcher .

WILLIAM SCOTHER sworn. - I am a wheelwright , in Cable-street, Whitechapel: I lost an axe last Monday, in the forenoon, from the shop where I worked, in Long-lane, Smithfield ; my master saw the prisoner take it.

BENJAMIN WILLIAMS sworn. - I am a wheelwright, the last witness worked for me: I was coming across the way from Cloth-fair to my shop, I saw the prisoner at the bar come out of the shop; I asked her what she had got; she said, I have got nothing belonging to you; I felt on one side of her and found nothing there, I touched the other side, pulled her cloak on one side, and there was the axe; she said, a man gave her two-pence to carry it to Smithfield; I should have had no suspicion of her if I had not seen her come out.

RICHARD TILLCOCK sworn. - (Produces the axe): I received it from the last witness.

Williams. This is the same axe.

Scotcher. It is my axe.

Prisoner's defence. A man gave it to me, I told the gentleman so when he laid hold of me; I shewed him the man, and he would not go after him.

GUILTY (Aged 40.)

Confined three months in Newgate , and discharged.

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

Reference Number: t17990403-41

242. WILLIAM RAYNER was indicted for feloniously stealing, on the 27th of February , privately, from the person of Thomas Denny , a pocket-book, value 6d. an almanack, value 6d. a Bank-note, value 5l. and six other Bank-notes, each of the value of 1l. the property of the said Thomas .

THOMAS DENNY sworn. - I am a cabinet-maker : On Wednesday the 27th of February, I lost my pocket-book, at St. Paul's Church , on the Fast-day, I cannot say whether I lost it there, or at Whitechapel in the afternoon.

Q. You do not know whether it was taken from you, or whether you dropped it? - A. I cannot say; I did not miss it till the next morning.

- HALL sworn. - On Friday the 1st of March, during the drawing of the lottery at Guildhall, I took the prisoner into custody upon a charge of picking a gentleman's pocket of his handkerchief, in Guildhall; and in searching him I found three pocket-books, one of which was Mr. Denny's; and from the letters and directions in it I found out Mr. Denny. (Produces the pocket-book).

Denny. This is my pocket-book.

NOT GUILTY .

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

Reference Number: t17990403-42

243. WILLIAM RAYNER was again indicted for feloniously stealing, on the 1st of March , privately, from the person of George Elsom , a pocket-book, value 2d. and an order for the payment of twenty pounds, the property of the said George .

GEORGE ELSOM sworn. - I keep a timber-yard in Leather-lane, Holborn: On the 1st of March, I went into Guildhall about half past eleven, when I went in I had my pocket-book in my pocket; I stopped till about half past twelve, and then found that my book was gone; Mr. Hall found it on the prisoner; I did not know till the next morning that my book was found; I went to see the drawing of the lottery.

Q. Do you suppose you might have dropped it? - A. I cannot say whether I did or not, or whether it was stolen.

- HALL sworn. - I found this pocket-book upon the prisoner, and six handkerchiefs in his hat.

Q. Did you see the prisoner about there? - A. No, I did not.

NOT GUILTY .

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

Reference Number: t17990403-43

244. EDWARD POOLE was indicted for feloniously stealing, on the 14th of March , two pounds of raw coffee, value 2s. the property of John Keymer , John Mactagot , Caleb Marshall ,

Benjamin Gray , William Chandler , and Benjamin Hind .

Second Count. Laying it to be the property of John Keymer , John Mactagot, Caleb Marshall , and Benjamin Gray .

Third Count. Laying it to be the property of certain persons to the Jurors unknown.

(The case was opened by Mr. Knowlys.)

GEORGE PARKER sworn. I am an Excise officer, employed in the warehouse of Mactagot and Company; the prisoner was, on the 14th of March, employed as a cooper in their warehouse; between the hours of ten and twelve, a person came to the front of the warehouse, and called Poole, and said he was wanted at the Old Swan; when he came down I rubbed him down, I observed something bulky in the back part of his breeches; I asked him what he had got there; he said, nothing; I said, do not say that, you shall not go any farther till I know what it is; we went to the bottom of the coffee-room, and I desired him to take out what was in his breeches, let it be what it would; he pulled out a parcel of raw coffee, tied up in a handkerchief.

Q. Are the hogsheads closed or open? - A. Mostly closed, but some open; he then begged for mercy; I told him it was out of my power to do any thing of the kind; then I secured him.

Cross-examined by Mr. Alley. Q. The coopers are employed in stopping holes in casks? - A. Yes.

Q. Does it not often happen that coffee is scattered about the floor? - A. Yes.

Q. Then I take it the coffee scattered about the floor is the perquisite of the men? - No such thing.

Q. Have you never said so? - A. No.

Q. No man could think of taking any coffee out, but he must expect to be searched? - A. No doubt of it he must.

JAMES LEADER sworn. - Examined by Mr. Knowlys. I am an officer in the Customs; I saw the coffee taken out of his breeches in a pocket-handkerchief; there were two pounds and two ounces of it with the handkerchief; he begged for mercy.

Cross-examined by Mr. Alley. Q. How long has the prisoner worked there? - A. Ever since the warehouse has been built, about two years.

Q. He is a poor man, with a wife and family? - A. Yes.

JOHN LESLIE sworn. - I am foreman to Messrs. Mactagot and Company; the firm is John Keymer , John Mactagot , Caleb Marshall , and Benjamin Gray .

Prisoner's defence. As my children have been left motherless, I hope you will not leave them fatherless; I throw myself upon the mercy of the Court.

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

GUILTY (Aged 32.)

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

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

Reference Number: t17990403-44

245. THOMAS LABRUM was indicted for feloniously stealing, on the 18th of February , three shillings , the property of George Blair , William Plimpton , and Samuel Mendham .

(Mr. Knowlys, Counsel for the prosecution, having opened the case, candidly stated that he should not be able to support the prosecution).

NOT GUILTY .

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

Reference Number: t17990403-45

246. JOSEPH SMITH , HENRY SMITH , and JAMES ALGER , were indicted for making an assault upon Daniel Macdonald , in the dwelling-house of Henry Smith , on the first of March , putting him in fear, and taking from his person a Bank-note, value 10l. another Bank-note, value 10l. another Bank-note, value 2l. and two other Bank-notes, each of the value of 1l. the property of the said Daniel .

DANIEL MACDONALD sworn. - I am a fishmonger . On the 1st of March I was at the house of the prisoner, Henry Smith , the Merlin's Cave, in Margaret-street, Cavendish-square ; a neighbour of mine told me he had had a dispute with him, and asked me to be bail for him; I said, I would; I went to the prisoner's house about nine o'clock in the evening, with William Dwyer ; the poor man begged to mitigate matters, as he was a poor man, and did not wish to go to law; Dwyer called for some beer, and I took a glass of gin and raspberry.

Q. What happened to you there? - A. A woman came in that I know, and she and I tossed for a quartern of gin, and I tossed again, and beat her; Joseph Smith attempted to turn me out of the house because I would not pay for the gin that I had won; he took me by the neckcloth, and I told him if I owed any thing in the house I would pay for it, I meant no person any offence; then the landlord, Henry Smith , caught hold of me by the collar, and another person, I forget his name, the other prisoner, took me by the collar on the other side; Joseph Smith and his brother then threw me upon my back upon the table; I then found Joseph Smith 's hand in my pocket, and I cried for him not to rob me, if he was going to murder me, not to rob me, my friend that went in along with me, Dwyer, jumped up, and said, do not murder the

man; there was a man of the name of Stevenson that sat in one of the boxes struck Dwyer, and left him a black eye; I could hear Dwyer cry murder, though they had their hands twisted in my handkerchief, I could hear though I could not speak; as soon as Joseph Smith had got his hands out of my pocket, he made off with my pocket-book; in the pocket-book were two Bank of England ten pound notes, a two pound Bank-note, and two one pound Bank notes; the candles were put out, I got up as soon as I could recover myself, but it was a good while first; my son, a little boy about theirteen years of age, was standing by me.

Cross-examined by Mr. Knowlys. Q. What time in the evening did this happen? - A. I believe, to the best of my knowledge, by the time they had me upon the table, it might be about a quarter after ten, or half past ten.

Q. Did you not say before the Justice, that you went into this house at eight o'clock? - A. No.

Q. Are you sure you were sober? - A. Yes.

Q. Mind what you say, for there were a great many people there, you know? - A. Not at that time.

Q. That you mean to swear? - A. Yes.

Who was with you at the time you were robbed? - A. Nobody but Dwyer.

Q. Are you sure nobody was in with you but Dwyer? - A. Yes.

Q. How came you to say then that your little boy of thirteen years was standing by you? - A. Not when I went in, he came to me.

Q. Was he with you at the time you were robbed? - A. No.

Q. Did you strike any body while you were there? - A. No.

Q. Were there any windows broke? - A. Yes, by their throwing my head against the windows.

Q. You had been bail for a man of the name of Shannon? - A. Yes.

Q. And the reason of your going to this house was to mediate the matter? - A. Yes.

Q. This happened in the tap-room? - A. Yes.

Q. Will you take upon yourself to swear, that at the time this scuffle took place, Henry Smith was in the tap-room? - A. No, he was in the bar.

Q. Joseph Smith run away after he had taken the pocket-book? - A. Yes.

Q. Upon your oath, did he not return again with the watchman? - A. No.

Q. Was there no watchman brought back? - A. None.

Q. What, no watchman came? - A. Yes, and the mistress ordered me to be detained.

Q. Do not you know that Joseph Smith brought the watchman? - A. I do not know.

Q. Were you not given in charge for an assault? - A. Yes, and he let me go again, nobody would give charge of me.

Q. Did any body give charge of you? - A. No.

Q. Did any body complain to the watchman of an assault? - A. No.

Q. Upon your oath did you give charge of them for the robbery that night? - A. No.

Q. Did you tell the watchman any body had robbed you that night? - A. I told them in the open street that I was very much ill used, and had been robbed, but there was nobody to assist me.

Q. When did the watchman lay hold of you, had you not quitted the house? - A. No, I was not out of the door, I was in the passage; I stood there till they pleased to let me go.

Q. Who made any complaint of you? - A. Nobody.

Q. And yet the watchman would not let you go? - A. It was all in the dark, and I cannot say whether it was the watchman or not.

Q. Did you not give charge to the watchman of these men having assaulted you only? - A. No, I could not, for I did not see them: the next morning I went to the Merlin's Cave, and asked Joseph Smith if he would let me have my property, or did he mean it as a joke; he said, if I did not leave the house, he would ill use me.

Q. And after that you went to the Justice, and made this charge? - A. Yes.

Q. They were found at their own house, were they not? - A. No; Henry Smith was, the other two were found at Bow-street.

Q. You always said you were robbed of 24l.? - A. Yes.

Q. And never said you were robbed of 50l.? - A. Never.

Q. Did you never say you were robbed of 40l.? - A. No.

Q. Now, I tell you, Mr. Stevenson is here; you never said you were robbed of more than 24l.? - A. No.

Q. Did you never say this, or desire any body to say it, that if they would give you 24l. you would make a slaw in the indictment? - A. No.

Q. Nor that you would throw the bill out? - A. I never did.

WILLIAM DWYER sworn. - I am a shoemaker; I went to the house of Henry Smith with Macdonald; we were coming home from Macdonald's fish shop; I always frequented that house.

Q. Had you any business that took you there? - A. Nothing particular.

Q. Nothing but to call to refresh yourself? - A. No; I was more acquainted with the house than Macdonald, and I asked him to go there.

Q. Merely for refreshment? - A. There might be some other little matters about being bail for a

man, and he wished us to mitigate matters; we went in, and sat down in a box with Archibald Stevenson , and his wife, and Bob Elliott , and a man of the name of John, a foreigner, and Smith and his brother, and Alger; there was nobody else in the tap-room; a woman came in that knew Macdonald, and she asked him what he had to drink, and he said, he had a glass of gin; it was agreed that they should toss up for a quartern; Macdonald tossed, and Stevenson said, toss her again, and if you lose, I will pay for it; they tossed again, and then Smith said, who was to pay for it; Macdonald said, he had won it, and then he desired them to take the gin away; I saw that the two Smiths wanted to quarrel with Macdonald, and I got up, and then Stevenson struck me twice; as soon as I recovered myself, I saw Macdonald lying upon his back, struggling, in the hands of both the Smiths, and Alger; I cried out murder, and going towards the door, I called out watch, and as soon as the watchman came up, I do not know how Macdonald got liberated.

Q. Did they say what they wanted of Macdonald? - A. No, I believe it was intentional; he was knocked down under the table, and he was begging for mercy; it was a house I frequented.

Q. Is Smith's a respectable house? - A. Not while he kept it; he was there about a fortnight, I believe; I saw a great deal of gentlemen there.

Cross-examined by Mr. Knapp. Q. It was a very disreputable house while Smith kept it? - A. In what respect? I met with no ill treatment there.

Q. It was an improper house to go into? - A. They were apparently gentlemen there.

Q. That was the reason you called it a bad house; you used the house yourself? - A. Yes.

Q. You saw Macdonald thrown upon the table? - A. Yes.

Q. And saw all that passed while he was upon the table? - A. As much as I could; I was in a great deal of danger myself.

Q. You have told my Lord all that passed? - A. Yes, to the best of my knowledge.

Q. How much gin had you drank before you went there? - A. I cannot tell you; we had drank a little ale, but to the best of my knowledge there was not more than a quartern of gin between us before that, and I had a glass of gin in the morning part.

Q. How much in the afternoon part, now? - A. I cannot tell.

Q. Upon your oath had you stopped at a quartern, or did not you drink your share of above two quarterns of gin before you went into the house? - A. Here are a number of gentlemen coming here that did not see any thing of the transaction.

Court. Q. Answer the question? - A. I cannot say how much I had had, but I was sober.

Court. Q. How many public houses had you called at? - A. In coming from Bow-street we had a glass of gin.

Q. Where was that? - A. I cannot say; we stopped and had some ale between Marlborough-street and Margaret street.

Mr. Knapp. Q. Then you had drank some gin before you got to Marlborough-street? - A. I might.

Court. Q. How many houses did you stop at before you got to Smith's? - A. One house, but I cannot say what the name of the house was; we drank between six of us half a pint of gin.

Mr. Knapp. Q. How much gin did you drink in Smith's house? - A. None at all.

Q. You did not call at any other house, nor drink any other gin, but what you have described to my Lord? - A. No, we did not, but at one house.

Q. Do you know the London Apprentice? - A. Yes, in Margaret-street.

Q. Is that the house where you drank the gin? - A. No, I drank some ale there.

Q. Did you drink any gin there? - A. No, I did not, to my knowledge.

Q. Upon your oath, did you drink any gin there? - A. I did not.

Q. That you mean to swear? - A. Yes.

Q. Upon your oath, at Smith's house, were you not so drunk, that the landlady of the house, Mrs. Smith, refused you any more gin and any more liquor? - A. I believe she is a woman quite the reverse; she did not care who was drunk, if she got the money for it.

Q. Were you not refused by Mrs. Smith any more liquor, because you were so drunk? - A. Macdonald had half a pint of gin, and I heard nothing about her refusing it.

Q. Do you mean to say, that Macdonald ordered half a pint of gin? - A. I did not order it, but it was brought.

Q. Did Macdonald order it? - A. To the best of my knowledge he did.

Q. Do you mean to swear that Macdonald ordered it? - A. I cannot swear it, it was brought.

Q. Was it brought by the order of Macdonald? - A. It was, to the best of my knowledge.

Court. Q. Who was the watchman? - I do not know.

Mr. Knapp. Q. Do you know who called the watch? - A. I did.

Q. Do you mean to swear that? - A. Yes, I was one person.

Q. Do you remember Joseph Smith going out of the house, and calling watch? - A. He desired the watchman to take charge of me and Macdonald after he was liberated.

Q. Then Joseph Smith did not abscond that evening, did he? - A. I do not know what became of him.

Q. Upon your oath, did not Joseph Smith call the watch first? - A. I was the first man that called the watch.

Q. That you swear? - A. To the best of my knowledge I was the first person.

Q. You never heard any thing at all about the robbery that night? - A. Yes, I did.

Q. After you had got out of the house? - A. Yes.

Court. Q. What charge did Macdonald make when the watchman came up? - A. That I do not know.

Mr. Knapp. Q. Did Macdonald make a charge of the robbery that night? - A. I made none.

Q. Did Macdonald or you tell the watchman any thing relative to the charge of the robbery of the pocket-book, or any thing else? - A. He did not; he mentioned it to me.

Q. Upon your oath, did not they charge you and Macdonald with the watchman, for having assaulted Mr. Smith and his brother, in the house of Smith? - A. I heard nothing of this till the morning following, and then they went to proceed against us at Bow-street.

Court. Q. Did any body else, connected with Macdonald or you, or any body else, come into the house? - A. No.

Court. Gentlemen of the Jury. This is an indictment against the three prisoners for a capital offence: against Henry Smith and Alger there is not a little of evidence; it may be therefore necessary for you to acquit them now, because possibly it may be expedient, for the ends of justice, that they should be called as witnesses.(The Jury consulted).

Foreman of the Jury. We are not quite satisfied, my Lord.

Court. Then the trial must go on.

For the Prisoners.

ARCHIBALD STEVENSON sworn. - Examined by Mr. Alley. I live in Margaret-street, opposite the house of Mr. Smith; I am an engine-maker; I make instruments of agriculture; I have turned my dwelling-house into a warehouse, and have a lodging in the house of Mr. Smith; I was in the house from the time that Dwyer and Macdonald came in, till they went away again; they were both very drunk apparently, I am certain of that; they had all the appearance of being very drunk, and they were very riotous.

Q. Did you see any windows broke? - A. Yes, I saw Macdonald break three squares of glass; John Wobbler came to light his pipe at the table that Macdonald sat at; Macdonald took up the candle, and would not let him light his pipe; there was a scussle between them, and the candle went out; I saw his elbow go through one square of glass, and then they scussled to the other side of the tap-room, and broke two more.

Q. Were the prisoners all there or not? - A. I am not certain whether they were all there; Macdonald and Dwyer had not been in ten minutes; Smith did not stay then above then minutes or a quarter of an hour; after some time Dwyer went out, and left Macdonald sitting in the box; he wanted to get some more liquor to drink, and Mrs. Smith refused to let him have any more; then Macdonald got swearing very violently at Joseph Smith, and then gave him a slap in the face, and that was the beginning of the assault.

Q. What time of night was it when the prosecutor went away? - A. It was past eleven o'clock.

Q. Did you hear any thing about money being lost, or a robbery? - A. Never such a word mentioned.

Q. Were you there when the watchman came? - A. Yes; Joseph Smith went to call the watch; the watch came, as far as I can understand, to the door, but I did not see them, I heard them; I heard the watchman say, he would not come into the house; Macdonald and Dwyer went out just at that time; I followed them as fast as possible, and not a word about robbing them was mentioned.

Q. Was nothing said about a pocket-book or Bank-notes? - A. No.

Q. Did you see any body thrown down while you were there? - A. There never was such a thing; I am sure that neither of the three prisoners touched any body that night; Dwyer was very drunk, and he swore he would sight; he struck me, and I struck him again.

Q. There was nothing said about losing any money that night? - A. No, there was not.

Q. Have you ever heard Macdonald say how much he had lost? - A. No, I heard Dwyer mention, that his friend Macdonald had lost about 40l.

Q. And you are satisfied the prosecutor was not knocked down by any body? - A. Yes.

Mrs. STEVENSON sworn. - Examined by Mr. Knowlys. I lodge in the house of Mr. Smith; I am the wife of the last witness; I went down a little after nine to ask my husband what time he would like to sup; Macdonald and Dwyer were not there then, they came in about ten minutes after; they were both very drunk; Macdonald was very impudent, and trod upon my toes several times; Alger said to me, if he is rude, change seats with me.

Q. Alger is waiter in the house? - A. Yes; then they wanted liquor, and Mrs. Smith refused to let them have any; she gave as a reason for it, that they were riotous and drunk; Mr. Joseph Smith

was attending, and Mr. Henry Smith was asleep in a back room; there was another man came in with Macdonald and Dwyer, of the name of Shannon; Macdonald wanted some liquor then of Joseph Smith ; Joseph Smith said he would not give them any; then Macdonald gave Joseph Smith a slap of the face, Joseph Smith 's head came against my face; Joseph then said, very well, Mr. Macdonald, I shall return it in another way; I went up stairs to get my husband's supper, and I heard a great noise, I heard the cry of murder; I could not get into the tap-room, I went into the back room to wake Mr. Henry Smith; it was a considerable time before I could wake him, and then he got into the bar; Macdonald and Dwyer were then gone out of the taproom, and the watch was gone for to take Macdonald.

Q. How long have you known Henry Smith ? - A. They came in the latter end of January.

Q. As you have lived in the house, and observed their conduct, does he bear a good character or not? - A. As far as ever I heard.

Q. Is it a respectable house? - A. Yes; Macdonald and Dwyer had bailed three men that had been riotous before.

Q. Do you know who called the watch? - A. Joseph Smith and Mrs. Smith.

Q. Did they appear to be sober or otherwise? - A. They were very drunk, I am very sure of it.

- HEYLYN sworn. - Examined by Mr. Knapp. I am a hair-dresser: I was at Smith's house, I live with my father, in Wells-street, Oxford-road; Macdonald and Dwyer came into the house very much in liquor.

Q. Did they conduct themselves, at the time they came in, like drunken people? - A. They did; they had some porter first of all, and after that they had some gin.

Q. That did not make them less drunk, I should think? - A. No.

Q. Were Joseph and Henry Smith , and Alger, there, at the time they came in? - A. Yes.

Q. Was Henry Smith in the tap-room all the time they were there? - A. No; he was absent after about a quarter of an hour.

Q. Had any thing happened before he retired? - A. Nothing at all.

Q. How long was he absent? - A. I suppose it might be an hour, he was absent during the whole of the affray; I understood he was asleep, he was called in, by Mrs. Stevenson, after Macdonald and Dwyer were gone; a German went to light his pipe at the candle where Macdonald sat, and he would not let him; and, in the scuffle, with his elbow, Macdonald broke a square of glass.

Q. Have you any doubt whether it was his head or his elbow? - A. It was his elbow that broke one square; and on the other side of the house there were two squares broke, but how he broke them I do not know; but there was nobody near it but himself, and he was very much in liquor; Mrs. Smith refused to give them any more liquor, and Macdonald struck Mrs. Smith.

Court. Q. Gentlemen, have you now any doubt?

Foreman of the Jury. We are satisfied with respect to two of them.

Henry Smith, NOT GUILTY .

James Alger, NOT GUILTY.

Mr. Knapp. (To Heylyn.) Q. Did Henry Smith throw Macdonald down upon the table at all? - A. No, he did not; Macdonald was never thrown upon the table by any one of them.

Q. Then I need not ask you if, upon the table, you saw Joseph Smith put his hand into his pocket, and take from him a pocket-book? - A. If he had I must have seen it.

Q. Did Macdonald, while he was in the house, complain that he had been robbed of a pocket-book, either upon the table or any where else? - A. Upon my oath, he never did that evening.

Q. Who was the first person that called the watch? - A. Joseph Smith was the first person, upon my oath; and I was the first person who sent him.

TIMOTHY HUGHES sworn. - Examined by Mr. Alley. I am a tallow-chandler: I was at Mr. Smith's at the time this affray took place, I came in while Macdonald and Dwyer were there; but before the scuffle began they were both very drunk.

Q. Do you recollect any windows being broke? - A. Yes; Macdonald broke the windows.

Q. Do you remember any blows? - A. Macdonald struck Mr. Smith's brother.

Q. Did you see Joseph Smith strike any body? - A. No.

Q. Did you see him knock Macdonald down? - A. No.

Q. Did you see him knock his head through a square of glass? - A. No.

Q. Did you see him thrown upon the table? - A. No.

Q. Who called the watch? - A. Joseph Smith .

Q. Did you hear any charge made about the robbery? - A. Not a word.

JOHN WOBBLER sworn. - Examined by Mr. Knowlys. I am a German: I was at Mr. Smith's when Dwyer came in.

Q. Were they drunk or sober? - A. They were not sober, they were not quiet all the time they were in the room; Macdonald used me not well, I wanted to light a pipe, and he took the candlestick in his hand and would not let me.

Q. Who broke the window? - A. Macdonald, with his elbow; he had the candlestick up in his hand.

Q. Did any body knock Macdonald down? - A. No; nobody else touched him but myself.

Q. Did he complain of being robbed? - A. No, he did not.

Q. Did Macdonald and Dwyer call the watch, or did any person from the house call the watch? - A. It was Mr. Smith's brother who called the watch.

Court. Certainly the Gentlemen of the Jury's consciences are in their own breasts, they are not in mine, or else I should have thought the cause had long ago got to its end; generally speaking, the feeling of the human breast is inclined to mercy; and before Juries find themselves warranted to give a verdict, involving the life of a fellow creature, they expect something not amounting to absolute demonstration, but judging mainly from the circumstances, throwing mercy into the scale of justice; and it oftentimes falls to my lot, and to the lot of those who fill the same situation much oftener, to caution Juries from yielding too much to their feelings, than to caution them on the other side; sometimes one feels it necessary, when one sees an improper leaning, doing great credit certainly to the feelings of the parties, but not dispensing, as it ought, the administration of justice; it is essential to the ends of justice, that Juries should summon up the fortitude of men in judging upon their fellow creatures; but I do not know whether, upon this occasion, it is not for the Judge to call upon the Jury to be certain that they are not proceeding upon grounds which will not bear them out. Here are three persons called upon to answer with their lives, for it is a capital offence, and the cause had proceeded a great way, when I thought myself called upon to put the Jury in mind that the evidence for the prosecution being closed, they had made no case upon earth against two of the prisoners; - why the indictment extended to those two, against whom no evidence was given, God knows, it was very improper; that interposition of mine, perhaps, was premature, and I yielded to the better judgment of the Gentlemen of the Jury; since that time, you, Gentlemen, have unanimously acquitted those two men. Then in what posture does the case stand against the other? The prosecutor has sworn that his pocket-book was taken from him; he has sworn, at the same time, to other facts, that he and his companion were sober; he swears that he did not break any of the windows, but that his head was knocked through the window; and upon his evidence, and his only, depends the life of the prisoner; he has sworn that the prisoner took his pocket-book, in that fact he is not contradicted; in all the other facts of the case, is there any one in which he has not been contradicted by one, two, three, or four witnesses? - They all swear that both of them were very drunk, very tipsey; - Why then was his head knocked through the window? - Three witnesses have sworn directly the contrary. The German, who is not very conversant in our language, swears it was done with the candlestick; it was not very easy, perhaps, to distinguish whether it was done with the candlestick or the elbow; these witnesses all swear that he began the riot, that he would not suffer this poor German to light his pipe. The witnesses for the prosecution swear that they were not refused liquor because they were drunk, they swear that Henry Smith was a chief in the riot the whole time; whereas Mrs. Stevenson swears to his being asleep during the whole of the affray. There is another circumstance: when the watchman was fetched, it is sworn by every one of the witnesses that he was called by Joseph Smith; - did the prosecutor complain of the robbery smarting under the injury he had received - It is sworn by all the witnesses he did not. I am now addressing twelve Gentlemen possessing humanity, while they are administering the justice of the country, but I can hardly suppose that this is evidence upon which they are to deliberate upon the life of a fellow creature. I have stopped the evidence; if you are not satisfied, the evidence shall proceed till you shall unanimously say you are satisfied, or till you shall unanimously say that this man shall go to the gallows and be executed. If you have the least doubt, the case ought to proceed to be sure.

The Jury immediately pronounced a verdict of

NOT GUILTY.

Tried by the second Middlesex Jury, before Lord KENYON.

***Mr. Knowlys, on the part of the prisoners, moved for a copy of the indictment, which was granted by the Court.

Reference Number: t17990403-46

247. FRANCES SMITH and SARAH HANDS were indicted for feloniously stealing, on the 2d of April , in the dwelling-house of Thomas Duggin , a silver watch, value 42s. the property of William Conway ; a Bank-note, value 5l. another Bank-note, value 5l. and another Bank-note, value 1l. the property of the said William .

WILLIAM CONWAY sworn. - I am a groom out of place, and have been ever since the 2d of March: On Tuesday morning, the 2d of April, about one o'clock, the two prisoners picked me up in Oxford-street, and took me to Jay's-court, in Oxford-street ; I went up into the front garret, and there was a child in the bed; then the prisoner, Smith, went for some gin, I gave her the money; then after we had the gin, the one that fetched the gin went away, and left me in bed with the other.

Q. Were you perfectly sober? - A. Not quite.

Q. Can you tell whether it was between one and

two, or between two and three? - A. I cannot say, I was left in bed.

Q. You had been drinking so much that you cannot safely say what the time was? - A. Yes, within three quarters after twelve.

Q. How much liquor had you been drinking that day? - A. I cannot justly say; I had been drinking porter and gin.

Q. A pretty good quantity of both, perhaps? - A. No, I had not.

Q. Where did you sup that night? - A. I do not know that I supped any where; I very seldom sup any.

Q. Where had you been drinking? - A. The last time that I drank was at the Running-horse, in Davies-street, and that was pretty near twelve o'clock.

Q. How many public-houses had you been in that evening? - A. I cannot pretend to say, for I frequently go into public-houses to hear of a place; I go into more than I drink in.

Q. But how many did you drink in that evening? - A. I do not recollect any other public-house but that I had had a glass of gin at.

Q. I do not mean to say you are a drunkard, but not being used to liquor you had had rather more than you could bear that evening? - A. Yes.

Q. You cannot tell us how many public-houses you had been in? - A. No.

Q. Nor how many pots of beer you drank? - A. No.

Q. Nor how many quarterns of gin? - A. No.

Q. You would not have gone with them if you had not been in liquor? - A. No.

Q. Nor, if you had not been very much in liquor you would not have gone with them, I suppose? - A. I was not so very much in liquor but I was sensible.

Q. How many women did you speak to as you were going from public-house to public-house? - A. I do not recollect talking to any but these two; the last public-house that I was at was the Running-horse, in Davies-street; and the woman gave it me out at the window, because the house was shut up.

Q. What time did you wake in the morning? - A. Between seven and eight o'clock.

Q. And where was your companion? - A. Gone; I looked at my breeches, and missed my notes and my watch.

Q. How do you know you had the notes when you went into the house? - A. I know it by giving the woman two shillings, out of the canvas bag that the notes were in, to sleep with her.

Q. Are you sure these are the women? - A. Yes, I am certain of it.

Q. You never saw them before? - A. No.

Q. Did you ever find your property again? - A. No; but they gave information to one of the runners where the watch and one five pound note was; that a person that goes by the name of Big Suke had them.

- LOVIDGE sworn. - I belong to Marlborough-street; I apprehended the prisoners between Orchard-street and Duke-street; when we met the prisoners, I asked the prosecutor if he thought they were the two women; and he was not perfect which was the woman that laid with him; he stopped Smith, and asked her if she did not know any thing of him; she said, no; while he was talking to her, the other prisoner went on twenty or thirty yards, and I went after her, and overtook her; then I took them to Marlborough-street, and found two new bonnets, two new petticoats, a shift, and two pair of stockings upon them; he said to me, himself, that he was so much in liquor that he hardly knew which was the woman; he said, if he saw her again he thought he should know her; she passed him and he did not stop her, he only stopped Mrs. Smith; I found eight shillings and two-pence three farthings upon Smith, and three shillings upon Hands.

Both NOT GUILTY .

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

Reference Number: t17990403-47

248. ELIZABETH BEARD was indicted, and the indictment charged, that at the Assize for the county of Essex, Adam Clarke and John Beard were convicted, for that they, on the 15th of August, in the 38th year of his Majesty's reign , a yard and a half of canvass, the property of Lancelot Burton , did steal, take, and carry away; and the indictment further charged, that the prisoner, Elizabeth Beard, on the 15th of August, the same goods and chattels feloniously did receive, knowing them to have been stolen .

The Court being of opinion that the offence charged in the indictment did not amount to a felony, the prisoner was ACQUITTED .

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

Reference Number: t17990403-48

249. JOHN COLES was indicted for feloniously stealing, on the 3d of April , two pounds of raw coffee, value 2s. the property of Edward Hanson , John Pearson , Thomas Stoyles , William Pearson , Daniel Gossett , William Chandler , and Benjamin Nind .

Second Count. Laying it to be the property of Edward Hanson , John Pearson , Thomas Stoyles , William Pearson , and Daniel Gossett .

Third Count. Laying it to be the property of certain persons to the Jurors unknown.

(The case was opened by Mr. Knowlys.)

WILLIAM MARCY sworn. - Examined by Mr. Knowlys. I am a Custom-house locker; the prisoner was employed in the warehouses of the Custom-house in Little Elbow-lane, Thames-street , as a cooper , they are warehouses for raw coffee; as the prisoner was coming away, I was at the door of the warehouse in order to rub him down, but by some accident his hat fell off, and a quantity of coffee, to the amount of two pounds, fell out of his hat.

Q. Was there any coffee scattered about the floor previous to that? - A. None at all, either in that part, or any other part of the warehouse; the prisoner begged I would let him go, and begged I would consider his family; I told him I was put in there for the King, and the gentlemen belonging to the warehouse, and I could not let him go.

Q. Was Eaton by at the time? - A. Yes; and Thomson came up two or three minutes after.

Cross-examined by Mr. Alley. Q. You did not say before the Elders that he begged to be let go, and about his family? - A. I cannot say; what I say now I swear to.

Q. You took the prisoner below stairs to be examined? - A. No; I delivered him to the constable.

Q. Who are the keepers of the warehouse? - A. Mr. Hanson, and three other gentlemen.

Q. Did you take the prisoner before those gentlemen? - A. No.

Q. You took him before the Magistrate, did not you? - A. Yes.

Q. Upon your oath, did you ever tell the Magistrate that this man had asked for mercy? - A. I cannot say whether I did or did not.

Q. It was only yesterday that you were before the Magistrate, and you cannot remember - did not the prisoner say, there was some fun between him and another man, and he knocked his hat off? - A. How his hat fell off I cannot say.

Q. Do you know two men of the name of Perry and Sibley? - A. There were two men at work with him, but I cannot say their names.

Q. Do you mean to say there was no other coffee in the room besides this? - A. Not loose.

CHARLES EATON sworn. - Examined by Mr. Knowlys. I was standing marking a cask; I saw the coffee lying upon the floor, after it came out of the hat.

Q. Was there any coffee lying loose upon the floor besides? - A. A very few berries.

Q. How much was this which sell out of the hat? - A. It might be about two pounds.

Cross-examined by Mr. Alley. Q. Then if any body has said there was none at all lying upon the floor they must have told a lie? - A. Yes.

Q. At the time you saw the coffee, the hat was upon the ground? - A. Mr. Marcy had got it in his hand, shaking it out.

Q. There were only a very few berries in the hat? - A. No.

EDWARD HANSON sworn. - Examined by Mr. Knowlys. Q. What are the names of the proprietors of this warehouse ? - A. Myself, John Pearson , Thomas Stoyles, Daniel Gosset, and William Pearson.

Court. (To Marcy.) Q. How long has the prisoner been employed in this warehouse? - A. They are very uncertain; sometimes we have different coopers every day, and sometimes they will not come for months together.

Prisoner's defence. I have a witness, and several people to my character.

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

GUILTY . (Aged 57.)

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

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

Reference Number: t17990403-49

250. JOHN GUEST was indicted for feloniously stealing, on the 18th of March , a man's hat, value 9s. the property of Robert Littler .

ROBERT LITTLER sworn. - I live at No. 30, City-road; I am a gangsman ; I was at a place in Moorfields , on Monday, the 18th of March, between seven and eight o'clock in the evening, I missed my hat during service; when service was over, I looked round for my hat and could not find it; I went home without a hat: the next day, as I was employed in my business on Ralph's-quay, a person came with hats to sell; I looked at two or three of them; I looked at one of them, and saw it was the hat I had lost the night before; it had my own mark upon it; I believe he had six or seven hats in the whole.

Q. Were they new hats? - A. No, none of them were new hats; I told him it was my hat, that I had lost it the evening before from the Tabernacle; I asked him how he came by it; he told me he had bought it of a man in Houndsditch; he said, he gave 9s. for it; there was a constable by, I gave the hat in charge to the constable, and took the man before the Lord-Mayor; he committed him for trial, but admitted him to bail; I was bound over to prefer a bill of indictment against him, but did not do it till last Thursday, when Solomon Chapman , who offered me the hat for sale, told me he had found the man that he bought it of.

SOLOMON CHAPMAN sworn. - On the 18th of March I was ordered to come on board the ship to attend my business.

Q. What is your business? - A. Selling old hats.

Q. Ordered by whom? - A. By the mate of the ship, that was at seven o'clock on Monday

evening, he wanted a couple of hats; I finished my business, and went towards home, and as I came through Houndsditch, the prisoner at the bar saw me go along with a bag under my arm, and a hat in my hand; he called after me, Jew, will you buy a hat; as I was in the habit of buying and selling old hats, I told him I could not see it by the dark, I must look at it by the light, it was about eight o'clock at night.

Q. Did you know the prisoner at the bar? - A. Not before that; I went home with the prisoner to my habitation; he asked me half-a-guinea for it, I gave him nine shillings; I offered it for sale to one Mr. Salmon, a tallow-chandler, he offered me six shillings and another hat worth about two shillings; I went out with some old hats upon the quay, saw Mr. Littler, I asked him whether he would buy a hat; he looked at one, it would not suit, he looked at another, it would not suit, then he looked at another, and that would not suit; I then pulled a hat off my head, and said, sir, will you buy this, it was undressed; Mr. Littler viewed the hat, and he immediately swore that the hat belonged to him; I was charged with the hat before the Lord-Mayor, and I told him how I came by the hat.

Q. How did you afterwards light of the prisoner at the bar? - A. As I was out upon bail, I saw the prisoner in Widegate-alley, Bishopsgate-street, and I saw an officer nigh at hand of the name of Jewell, a broker; he took charge of the prisoner, and brought him before the Lord-Mayor.

Q. Then you were out upon bail, charged with this offence yourself? - A. Yes.

Q. How long was he with you in your house? - A. About five minutes, to the best of my knowledge: when the prisoner was taken by the officer, he asked him to give an account of how he came by the hat, and asked him if he sold Mr. Chapman a hat upon the 18th of March; the prisoner said, I sold him a hat, and what of that; he was then given in charge to another officer, and he told the other officer that he had sold me the hat.

Q. Where is the officer? - A. I do not know.

Court. (To Littler). Q. Did Chapman tell you that the prisoner had admitted to the constable that he had sold him the hat? - A. No.

Chapman. He told the Lord-Mayor that he sold me the hat.

Q. (To Littler). Were you present when the prisoner was before the Lord Mayor? - A. Yes.

Q. Was his examination taken in writing? - A. I believe it was.

Prisoner's defence. I know nothing of either of the parties, or the hat.

NOT GUILTY .

Tried by the first Middlesex Jury, before Lord KENYON.

Reference Number: t17990403-50

251. WILLIAM CRANFIELD, otherwise CRANN , was indicted for feloniously stealing, on the 5th of March , two black mares, value 10l. the property of William Richardson .

WILLIAM RICHARDSON sworn. - I have been a farmer , but have been rather unfortunate, and now live in a little cottage at Aldenham, in Hertfordshire; I lost two black mares from Aldenham common , the night of the 4th of March: I saw them on Monday the 4th, about four o'clock in the afternoon, and missed them the next morning; I found one of them the next day at Smithfield, in the possession of a man of the name of Jones; she had been in the straw-yard, and was in very middling condition.

ROBERT JONES sworn. - I am a slaughterer of horses; I purchased a black mare, and took it to Smithfield to sell; I purchased it of the prisoner and his father together.

Q. Did you know them before? - A. Yes; they used to come up to Billingsgate for fish, and then go down into the country with it.

Q. Did the prisoner give you any account of this mare? - A. He said, he had been at Potton-fair, in Bedfordshire, and bought it there.

Q. Did he say so, or the father? - A. It might be the father, they were both together in the yard; but I paid the father the money for it.

Q. What did you buy her for? - A. I gave 33s. for her for slaughter.

Q. Had they another mare with them? - A. No.

Q. You did not kill her then? - A. No: when they were gone, I thought she seemed to be in foal, and I desired my man to put her into the stable with my own.

Cross-examined by Mr. Knapp. Q. A mare with foal you buy for slaughter? - A. I might not see that all at once.

Q. I believe the father was the person that gave you the account of the mare? - A. I cannot say justly whether it was the father or the son.

Q. Will you swear which it was that gave you the account of the mare? - A. No, I cannot.

Q. Who received the money? - A. The father.

Q. Who has ran away? - The father.

Q. He has never been able to be apprehended yet? - A. No.

Q. And the prisoner was at home, and there taken? - A. Yes.

Q. He opened the door for you, did not he? - A. The officers can tell you that, I was gone round to see for the father when he made his escape.

JOHN HART sworn. - I am ostler at the house where the prisoner and his father stopped, the White-hart, at Stoke Newington; they stopped there with two horses, on Tuesday morning, the 5th of March, about half after six o'clock, as near

as possible; they had one large black horse, I cannot say whether it was a horse or a mare, and another little bay one; they stopped about an hour, or a trifle better, refreshing themselves and their horses; they paid their reckoning, and went away.

WILLIAM HARTSHORN sworn. - My father is inspector of horses that are brought to be slaughtered: I saw the prisoner and his father, and a black mare, at Jones's; I saw the prisoner take a very good halter off the mare and put a very bad one on, and tie the mare up to the rails.

Mr. Knapp. Q. Did you not hear the prisoner's father desire him to take the halter off? - A. I did not hear that.

Mr. Knapp. (To Jones.) Q. Did you not hear the prisoner's father desire him to take the halter off? - A. I cannot recollect.

EDWARD LUCAS sworn. - I apprehended the prisoner at Barnet, according to Jones's information; they were gone to bed, it was late at night; the son came down to let me in, and the father made his escape backwards.

Cross-examined by Mr. Knapp. Q. You found this young man at his father's house? - A. Yes, in bed; the father went off without his clothes, and I brought the prisoner to town in a chaise-cart; and in coming down the hill from Highgate the cart broke down, and threw us out; I was very much hurt, it was three o'clock in the morning, and he did not attempt to get away; we walked all the way from there.

Court. Q. Was he hurt? - A. He complained very much; he had a pair of hand-cuffs on him; I was very much hurt myself in my arm and leg.

Prisoner's defence. I told the prosecutor I would go any where as they pleased; he used me very ill, he struck me a violent blow upon my head when I opened the door; being innocent of the affair I came down naked.

For the Prisoner.

- RUFFIN sworn. - I have known the prisoner and his father some years, I am a fruit-salesman, in Covent-garden; the prisoner is a separate trader from his father; I have had dealings with them both.

The prisoner also called John Crow , who gave him a good character.

NOT GUILTY .

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

Reference Number: t17990403-51

252. JOHN BRANNON was indicted for feloniously stealing, on the 23d of February , ten shillings and two-pence halfpenny , the property of William Porter .

WILLIAM PORTER sworn. - I live at No. 301, Oxford-street : I know nothing of the loss myself.

CHARLES LANCASTER sworn. - Q. How old are you? - A. Thirteen.

Q. If you speak that which is not true do you know what will happen to you? - A. I should be done something to.

Q. Do you thing it a wicked thing to speak untrue? - A. Yes; I live with Mr. Porter: On the 23d of February, about a quarter past nine in the evening, the prisoner came in and ordered a pot of beer, and change for half-a-guinea, to be carried into Vere-street, but he mentioned no particular house, he waited at the door till I took it with him; I carried it to the first house on the left-hand side, a picture-shop; he said, that was the house; I set the beer down at the door, there was a light in the shop; I gave him the change, he looked at it, and put it into his right-hand coat-pocket, and then he gave me a farthing instead of half-a-guinea, and then he run away as fast as ever he could; I ran after him, and the watchman stopped him at the corner of Oxford-buildings; he was secured, and taken into the tap-room, and searched, and three shillings and two-pence halfpenny was found in his pocket, with other silver; he had conveyed a seven-shilling-piece into his handkerchief, and when he took his handkerchief out of his pocket the seven-shilling-piece dropped out; he was taken to the Justices on Monday.

Cross-examined by Mr. Alley. Q. Did he not pretend that he had been sent by a gentleman in Vere-street? - A. No; he mentioned no gentleman, nor any person; he said it was to be carried into Vere-street.

ROBERT EDWARDS sworn. - I am a watchman: I heard a cry of stop thief, and I stopped the prisoner; when I searched him, I found a seven-shilling-piece, and half-a-guinea in silver.

Prisoner's defence. I was very tipsey; I never did such a thing in my life before.

GUILTY (Aged 15.)

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

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

Reference Number: t17990403-52

253. ELIZABETH, otherwise SARAH BROWN , was indicted for feloniously stealing, on the 22d of March , four guineas, the property of Edward Levi , privily from his person .

EDWARD LEVI sworn. - On the 22d of March, between ten and eleven o'clock at night, I was going into Bow-street to buy some eggs; the prisoner laid hold of me in Bow-street , and put her hands round me, and in quitting of me again, I observed her rather busy with her hands, which led me to suspect she had taken something from me; I put my hand in my pocket, and missed four guineas; I

then laid hold of her, and demanded my money; I told her if she gave it me by fair means, she should go about her business, and if not, I would take her to a proper place, and have her searched; she refused, and I confined both her hands, and took her across the street to Carpmeal's, and gave her into his custody; and upon his searching her, she dropped the money on the floor.

Q. How long was she with you? - A. Not three minutes.

Q. Had you any conversation? - A. None at all.

Q. She did not speak? - A. Yes; she said something to me, but I did not know what; she seemed to be rather in liquor.

Q. Were you perfectly sober? - A. Yes; I was as sober as I am this minute.

Q. Had you four guineas in your pocket before you met her? - A. Yes.

CARPMEAL sworn. - The last witness brought the prisoner into my house, on the 22d, between ten and eleven o'clock; I went to search her, and I observed her putting her hands towards her pocket, and the four guineas dropped upon the floor. (Produces them).

Prisoner's defence. I met this man in Bow-street; he asked me if he could go home with me; I asked him what he would make me a present of; he said, four guineas; but whether he gave me the four guineas, or whether I took it, I cannot say, for I was very much intoxicated.

GUILTY (Aged 27.)

Of stealing, but not privately .

Transported for seven years .

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

Reference Number: t17990403-53

254. JEREMIAH LEWIS was indicted for feloniously stealing, on the 9th of October , a barrel, containing 383 pounds of pot-ashes, value 9l. 18s. 3d. and eight barrels, containing 2202 pounds of pearl-ashes, value 50l. 10s. 9d. the goods and merchandize of Keith Ray , and John Dobre , in a lighter upon the navigable River Thames .(The case was opened by Mr. Knowlys).

- THOMPSON sworn. - Examined by Mr. Knowlys. Q. Who were the persons that stole this pot-ash and pearl-ash? - A. About six months ago, I was in company with Thomas Brindall and Robert Allen ; we went to Iron-gate, below the Tower ; then we went along side the craft, that had the potash and pearl-ash in; we went in with an intent to rob.

Q. Before you went to rob this lighter, had you known the prisoner? - A. Yes; he was the watchman, and I believe was watching a lighter a very little way from the craft.

Q. Was Lewis within sight of you, and did you see him at the time you and the other stole the pot-ash and pearl-ash? - A. No.

Mr. Knowlys. My Lord, I feel it impossible to carry on this prosecution; I have no other witness.

NOT GUILTY .

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

Reference Number: t17990403-54

255. ANN CLARKE and MARGARET RILEY were indicted, the first for feloniously stealing, on the 3d of April , a leather pocket-book, value 1s. 6d. a guinea, a half-guinea, and 9s. the property of William Downs ; and the other, for that she, knowing Ann Clarke to have committed the said felony, her the said Ann, did feloniously receive, harbour, assist, and maintain .

WILLIAM DOWNS sworn. - The day before yesterday, I and my ship-mate were walking along, and two girls accosted us; I am a stranger, I do not know rightly whereabouts it was; it was about four or five o'clock; my ship-mate treated them with half a pint of gin; they took us home to a private house, I should know the house if I was to see it again; I put my jacket and my waistcoat upon the table, and put my pocket-book into my jacket, then Clarke took it out, and would not give it me again; I put my back against the door, and swore she should not go out. I locked the door, and broke the key; then she went up two pair of stairs, and I went up stairs, and there was Clarke with another young woman, not the other prisoner, and a man, and he struck at me, and I made him go down stairs, and would not let her; then she told me if I would go to the public-house with her, she would give it me; then there was a pocket-book put into my bosom, I took it out, it was another pocket-book, and I would not have any but my right pocket-book; then she shoved herself against me, and the other prisoner, Riley, who was the servant of the house, took hold of me, and held me back, while the other girl, that took my pocket-book, ran away; then I applied to the landlord of the house, and he made answer, he was no constable; I have never seen my pocket-book since; then Riley told me to be quiet; I told her she might keep the money, if she would let me have the papers, because there was my protection in it; then I had them taken up.

Q. Are you sure that the prisoner, Clarke, is the girl that you speak of? - A. I am certain sure that is the woman on the starboard side there.

DOMINICK DAVIDSON sworn. - My ship-mate and I went with one of these ladies, and another lady that is not here; I treated them with half a pint of gin; I went away and left him in the room along with Clarke, I know nothing of the other.

ELEANOR WATSON sworn. - I was at Mr.

Potts's, when this man was crying out about his pocket-book, and Riley laid hold of him while the other ran away; that is all I know about it.

Clarke's defence. This man asked me to go with him to a public-house; I went with him to my house with another young woman that was with him; then afterwards he beat me and used me very ill, and this young woman took my part, and asked him what he did so for, and then I went away out of the house.

For the Prisoners.

ROBERT POTTS sworn. - This young man, a sailor, and the prisoner Clarke, came into my house the day before yesterday, and he asked me to take her into custody; says he, I give charge to you of this woman; I told him I was no constable; I told him to send for an officer if she had done any thing, and then in the course of five minutes, I suppose, the woman was absent; in consequence of that, the young man made a great many words with me about it.

Clarke, GUILTY (Aged 26.)

Transported for seven years .

Riley, NOT GUILTY .

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

Reference Number: t17990403-55

256. JAMES BENINGFIELD was indicted for feloniously stealing, on the 4th of January , ten horse-whips, value 30s. a horse-whip, with a base metal hook, plated with silver, value 5s. another horse-whip, value 3s. eighty-nine other horsewhips, value 15l. three whip handles, with iron hooks, value 9s. another whip handle, with an iron cap and hammer, value 2s. another whip handle, value 1s. another whip handle, with a horn hook, value 2s. thirty other horse-whips, value 5l. one hundred other horse-whips, value 15l. a dog-whip, value 3s. thirteen other handles, value 50s. five wooden bobbins, value 10d. two pounds weight of whipcord, value 2s. eight other horse-whips, value 5l. sixty-two other horse-whips, value 10l. four other whip handles, value 8s. twenty-two other horse-whips, called driving-whips, value 3l. one hundred and thirty-six horn hooks for whips, value 40s. forty-three other horn hooks for whips, value 30s. four ivory handles for whips, value 10s. thirteen thousand seven hundred and twenty-eight pieces of catgut for whips, value 10l. two hundred and ninety-one leather thongs for whips, value 10l. and thirty pieces of buffalo leather, value 3l. the property of Thomas Griffiths and Charles Griffiths .

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

CHARLES GRIFFITHS sworn. - Examined by Mr. Gurney. I am a whip manufacturer , in partnership with my brother, Thomas Griffiths , No. 322, High Holborn . In the beginning of the last year, in the month of February, we purchased the stock in trade of a Mr. Chandler; the prisoner had been in the service of Mr. Chandler; we took him into our service upon having purchased that stock; he remained in our service in the manufactory till the the 5th of January in the present year; he seldom left the manufactory before nine, the other men generally went about eight in the evening.

Q. During the time he was in your service, did you miss any articles? - A. Yes; we took stock at Christmas, and found a very great decrease, which we could not account for by any means.

Q. What wages did you pay the prisoner? - A. We paid him by the piece; he was paid up to October upon an average about twenty-nine shillings.

Q. In consequence of any information received by you, did you go with a search-warrant to any house in Houndsditch? - A. I did, on the 27th of February, to the house of the prisoner, No. 80, a whip-maker's shop.

Q. Did you find a stock of whips manufactured and unmanufactured, in the usual course of business? - A. Yes, I did.

Q. What might be the value of the whole of that stock? - A. I did not make any calculation, but I think the stock would amount to about 300l. I think rather more than less.

Q. Supposing the stock to have been all manufactured, how long would it have taken one man? - A. Many years.

Q. Did you examine the stock in that shop? - A. I did; I saw the prisoner, and I asked him how he came by the goods; one article of catgut, he said, he had out of Herefordshire.

Q. Upon looking at the stock, did you recognize any of the articles as having been your property? - A. Instantly.

Q. Is there any thing particular in your manufactory of whips, which enables you to speak to them? - A. Yes, there have been more than one invention of my own applied to these goods.

Q. Did you ask him as to any particular articles? - A. I did.

Q. Did you and the constable take possession of any part of the stock? - A. Yes; and while we were doing that, he endeavoured to escape; he did succeed so far as to open the door out of the shop into the passage, and from that passage into the street, and he was brought back by one of the officers.

Q. Are the goods here, which you and the officer took possession of? - A. Yes; they had been in the custody of the officers.

- CHURCH sworn. - Examined by Mr. Gurney. - (Produces the property).

Q. Are those the goods which you brought from the house of the prisoner? - A. Yes, they have been in my custody ever since; I have the keys of the boxes in my pocket. (Opens them).

Q. To Mr. Griffiths). First look at the two parcels marked No. 1? I have examined them very minutely; I have spent many hours on different days in the examination of them, and I am perfectly sure they were manufactured in our manufactory.

Q. Can you explain the means of your knowledge to persons who are not in the trade? - A. It is very difficult to do that. Some years ago I invented a method of braiding which was different to what had been practised before, and I have never heard that any other manufacturer does it in the same way.

Court. Q. How many years ago did you invent that? - A. Six or seven I should think, I cannot say exactly; I know these whips partly by that difference, and partly by the general appearance of the goods. With regard to these handles, the raised part is occasioned by a piece of packthread being would round the whip handle, which was usually done by hand, but as these handles became more used, this method of making these handles was found to be very tedious, and as there was no particular guide to lay the packthread even, they were frequently raised very uneven, opener in some parts than in others; this induced me to endeavour to invent a method that should expedite this work, and to do it more even and better; I did invent another method of making these handles, and I am perfectly satisfied that these handles are done by means of a machine which I invented.

Q. Now, as far as your knowledge of the trade goes, is there any body else in possession of such a machine? - A. One person has a similar machine, a person who did live with me at the time I invented this machine, and who has lately begun business. These tools (producing one), are a principal part of the machine which I invented; by means of these screw tools, the handles are raised with exactly the same number of rounds in any given length as there are in these tools; for small whips these tools are made use of. (Produces another).

Q. Do these whips answer to those tools? - A. Most exactly; in the smallest of these tools there are forty-six rounds, I think, in five inches.

Court. Q. But this, you know, is made like the worm of a screw? - A. Yes.

Q. Where is the other part which you work in this? - A. It is a machine which cannot be used without being fixed, I wish I could have brought it into Court; there are upwards of sixty handles, all of which tally most minutely with these screws.

Q. These tools you brought from your own house? - A. Yes.

Q. What do you call that machine? - A. A raising engine.

Q. Were the tools you have now produced made in your shop? - A. No; they were made by my direction, by a man who is a witness here, he is a whip-hook maker.

Mr. Gurney. Q. Be so good as open the parcel marked No. 1, is there any thing among them by which you can speak to their having been your's? - A. I have no doubt of their having been made at our manufactory; I can only speak from the general appearance of them.

Q. Now be so good as look at the parcel No. 2? - A. These goods I have examined very minutely, and I am persuaded they were all partly made at our manufactory, they have been finished since; this whip, for instance, was made at our manufactory, but not the handle or the buttons; a great many of this parcel were not finished at our manufactory. This whip I know from a very particular circumstance, the braiding is begun at this end contrary to the usual practice; some time ago, a thought struck me that it might answer the purpose to begin at the large end, the button is worked on after it is finished. By my directions this whip was braided, and one or two more upon that plan; I assisted in braiding the whip, and therefore have not the smallest doubt of the whip being the same; this was the only one of this sort that I had made in that way.

Q. Are any of them in the same state in which they came out of your manufactory? - A. Yes, several of them, (points them out); we never sell whips of this sort without a nail drove in the end of the handle, or very seldom.

Q. How many may you have sold without nails? - A. I cannot say; not a very great number; here are seven unbraided whips which were made at our manufactory, they are our property, I know them by the general appearance, but more particularly by my own hand-writing upon them; the initials of the man's name that made them.

Q. Do you never sell them in that state? - A. Never; I make a rule, on the men bringing their work into the accompting-house, of a Saturday night, to mark one of each parcel with the workman's initials.

Court. Q. What do you call this? - A. An unbraided jockey whip.

Q. If I was to ask for a jockey whip, you would not sell me this? - A. No.

Q. If I was to ask you for an unbraided whip you would? - A. Yes.

Mr. Gurney. Q. But still it is a whip though it is unbraided? - A. Certainly it is.

Q. Now look at the five bobbins? - A. One of them has my own hand-writing upon it, the words are "large best sheep," which signifies the gut;

here is a piece of whip-cord with my mark upon it; the other bobbins were made for a spindle that I have in Court. (Produces it).

Q. Without going through the whole, do you verily believe that all the rest of the whips were made at your manufactory? - A. I verily do believe them to be so; a great many of them I am sure of.

Q. Do you believe that they have been stolen from your shop? - A. I cannot doubt that, because we never sell them in the state that many of these are in.

Q. What is the value of all the property produced - it is laid in the indictment at ninety-five pounds eighteen shillings? - A. I should think it is thereabout, but I have not estimated it; here is a whip, which, if it is cut, you will find a groove to correspond exactly with a tool that I have in my pocket.

Q. If it was not made with that tool, would it be likely to correspond? - A. Not at all likely, (cuts the handle); it does fit most minutely.

Cross-examined by Mr. Knowlys. Q. This man worked by the piece, and not by the day? - A. Not by the day, that I recollect.

Q. It occurs to me, that the man who works by the piece is likely to get more money by working later than otherwise? - A. Yes; those who work the latest generally earn the most.

Q. With respect to any other person, you would have said, such a man was an industrious and a laudable man? - A. Yes.

Q. This is a young man, just set up in business? - A. Yes.

Q. His stock, you say, amounted to about three hundred pounds? - A. I believe it would amount to that, at a fair valuation.

Q. Ninety-five pounds is about the value of what is brought into Court? - A. Yes.

Q. Did it occur to you to strip his whole shop by this search-warrant? - A. Certainly we did.

Q. You left the bare walls? - A. Certainly we did not bring them away.

Q. Has any of that been returned since? - A. Not that I know of; they were not withheld by my order.

Q. Then, as to those goods that you have not brought into Court he is deprived of the use of them for the benefit of his relations? - A. They are supposed to be stolen.

Q. Have you made any one of them the subject of an indictment? - A. No.

Q. Perhaps this man may have made application for business to some of your customers? - A. He has.

Q. That was before you took out the search-warrant? - A. Yes.

Q. This stock of his being worth three hundred pounds, perhaps it occurred to you, when you first set up business, to furnish your stock, part with credit, and part by the assistance of friends and relations? - A. Yes, as all tradesmen do.

Q. A man does not furnish his stock out of the money in his pocket only, but he gets credit and assistance from his relations? - A. I have every reason to believe he had no credit. Upon searching, we found some bills of parcels.

Q. What you seized all his books and papers did you? - A. Yes.

Q. And never sent them back again? - A. No.

Q. Did not you find the vouchers for stock in the Bank? - A. Yes.

Q. Did you ever return them? - A. No.

Q. Did you suppose them to be stole? - A. No.

Q. Is soft sugar an article made use of in the whip trade? - A. No.

Q. The soft sugar belonging to this man was taken, was it not, in this general sweep? - A. Yes.

Q. He kept house there, did he not? - A. No; he only rented the shop, I believe.

Q. Where did you find the sugar, in the shop? - A. In the shop or the parlour; the shop is divided, and seems to have been part of it used as a parlour.

Q. These were made in your manufactory? - A. Yes.

Q. The prisoner never worked in your manufactory? - A. Yes, he did.

Q. Then would it not be likely that he should follow your method? - A. Not the braiding, he could not to answer his purpose, unless it was to a very large extent; he could imitate our method of manufacture, certainly.

Q. And yet you have seized these things, a great many of them, with no other evidence than their general appearance? - A. Yes; most certainly.

Q. And yet, if he chose it, he might manufacture a vast number of hundreds of the same general appearance, with hundreds that are to be found in your shop? - A. If he had men to do it.

Q. Now, about the means; he had money, had he not? - A. That appears by the receipts.

Q. Therefore he had the means, not only of working himself, but getting other men? - A. If he could get men, but men are very scarce in our business.

Q. There is one bobbin that has got your mark upon it? - A. Yes.

Q. Whereabouts do you think is the value of that bobbin? - A. I cannot recollect; it is a very small price.

Q. Has it never happened, in your manufactory, that a man who worked extra work at home, might have taken a bobbin, and forgot to return it, and yet maintain a very good character? - A. I cannot say, it might.

Q. Do not you know that he did work extra hours at his own lodgins, having an expectation of getting into business? - A. No, I do not.

Q. Have you any doubt of the fact that he did work at home? - A. I apprehend he did, because many of these whips have been finished since he left our service.

Q. Therefore it would not be very extraordinary that he should borrow a bobbin for the sake of carrying on that work? - A. No.

Q. Were there not a great many other workmen in your employ that worked at home? - A. We employ some that work entirely at home; but since the prisoner came to our house the work has never been delivered out.

Q. Does not your man, Callow, work at home at this moment? - A. Yes; but that is another branch of the business, making whips in an unfinished state.

Q. Do you mean to say, that there is no person in the trade who works that raised work? - A. All persons who make whips, I suppose, raise some.

Q. Do you mean to say, they have not raised work as well as you have? - A. No; they have of course.

Q. I understand that you have employed many hours, amounting to some days, in examining these articles? - A. Yes.

Q. And you have spoke to three or four? - A. Yes.

Q. And that has been the result of many hours examination of his whole stock? - A. Yes; and I am equally as sure of the rest of the articles.

Q. Had he not the power of making all these from what he learned at your house? - A. Certainly.

Q. And yet you are certain that they are all your's? - A. No doubt he might have made any pattern that he chose.

Q. Perhaps it is not an agreeable thing for you to have this invention of your's go abroad? - A. Certainly we do not wish to lose the merits of it.

Q. It might have roused a little resentment perhaps? - A. I declare I have no resentment whatever towards him.

Q. You had learned that he had applied to some of your customers? - A. Yes, he had.

Q. Can you tell us of any time whatever, when you lost a bundle of whips? - A. I cannot.

Q. Can you swear that those finished whips have not been sold by you? - A. The articles, No. 1, I cannot swear that they have not been sold; but the articles, No. 2. I can.

Q. Have you not now a great many goods which were made by his hands? - A. He makes only a part; the braiding is a distinct branch from any of the rest.

Q. And he is capable of doing that, is he not? - A. If he has machines he is.

Mr. Gurney. Q. You say he might braid these provided he had materials for the purpose? - A. Yes; there are several machines necessary.

Q. Are they large and expensive? - A. They are both.

Q. Had he any such machines in his possession? - A. Nothing like it; and there is no one man who makes a whip complete.

Examined by the Court. Q. What was the prisoner's branch? - A. Generally in the button part and finishing, and partly making them in an unfinished state.

Q. Then the braiding is not the branch in which he was employed? - A. Certainly not; he had no business even in the shop where the braiding was done; he might understand the general principle of it, but not likely to carry it into practice.

Q. How many men do you employ upon your premises? - A. I believe the number is one hundred and thirty, including men, women, and boys.

Q. Your own hands do not make any of the whips? - A. No, I only give out the materials.

Q. How many men do you employ not upon the premises? - A. I suppose about six or eight.

Q. How many men do you employ about the braiding part? - A. We have thirteen machines.

Q. Any man that knows any thing of the business may use the machine, I suppose? - A. It would take some little time; the strings are frequently knocked out of place, it will want putting to rights frequently.

Q. The men who are used to do it by hand would be able to do it with the machine without serving a seven years apprenticeship? - A. Most certainly.

Q. What part is done by the machine? - A. The raised handles, and the braiding.

Q. If a man who works by the piece chuses to amuse himself by learning any other part of your business he may do it? - A. Yes; at home, I should rather he was at work.

Q. It could not make any difference to you if he idled a whole day, you would not pay him a farthing? - A. No.

Q. Was this an ingenious man while he was with you? - A. He was a very industrious man, and very sober; but I never thought him ingenious, because his work was not done quite so well as it ought to be.

Q. Now, as to these two whips, do you know any thing of them but by these being no nail in the end of the handle? - A. Yes; one of them, by the braiding being begun at the wrong end.

Q. Did you assist in the making of it? - A. Yes, I did.

Q. Can you swear to your work? - A. No, I cannot.

Q. Cannot your men swear to their own work? - A. Not always.

Q. Now do you mean to say that this man never worked at home? - A. He might.

Q. And if he had carried this bobbin home with him, it would not have been any great harm, I suppose? - A. No.

WILLIAM COOPER sworn. - Examined by Mr. Fielding. I have served Mr. Griffiths twenty-six years; I live in Baldwin's-gardens, I carry on ivory turning, and make horn handles for whips; I manufactured these horn handles, but I cannot say who I manufactured them for; here are three that I positively made for Mr. Griffiths, and I never made any others of that kind before or since, not with that twist; and here are two that I kept at home, which I made at the same time. (Producing them).

Q. Did you, at any time, sell any articles to the prisoner at the bar? - A. Never in my life.

Cross-examined by Mr. Knapp. Q. You do not know when you made these things, I suppose? - A. I fancy about November last.

Q. You have no account to assist your memory when you made them? - A. No.

GEORGE STANWELL sworn. - Examined by Mr. Gurney. I was at work for Mr. Chandler, fellow-workman with the prisoner, I came into the service of Mr. Griffiths about the same time with the prisoner.

Q. Look at that whip-cord, and see if there is any mark upon it by which you know it? - A. This paper of cord was in Mr. Chandler's warehouse, I marked it there.

Q. Has there been any mark put upon it since? - A. Yes; I erased the upper mark in Mr. Griffiths's warehouse, and put the other mark on in Mr. Griffiths's warehouse.

Q. What does it contain? - A. A pound of whipcord.

Q. Is that whip-cord so packed up for the use of the manufactory, or for sale in the shop? - A. For sale in the shop.

Q. Did you ever sell that to the prisoner? - A. No.

Cross-examined by Mr. Knowlys. Q. Will you swear it never was sold? - A. No.

Q. For any thing you know it may have travelled through a hundred hands? - A. It may.

Mr. Gurney. Q. You worked for Mr. Chandler? - A. Yes.

Q. Had they any such machine as Mr. Griffiths had? - A. They had a machine that would have produced work very similar.

JAMES STONE sworn. - Examined by Mr. Gurney. I live at Colnbrook, I am a whip-thong maker, I serve Messrs. Griffiths with whip thongs.

Q. Look at those thongs? - A. These are of my manufactory.

Q. Have you sold such thongs to Mr. Griffiths? - A. Yes.

Q. Did you ever sell any such thongs to the prisoner? - A. No.

Cross-examined by Mr. Knapp. Q. You have sold to other persons such thongs? - A. I have sold to two other persons in town, but never so many to any body as Mr. Griffiths.

ANN ADAMS sworn. - Examined by Mr. Gurney. I am a manufacturer of catgut.

Q. Look at that catgut? - A. This is my manufacture, I have sold a great deal to Mr. Griffiths of this sort; I know it by the tie of it, and the make of it.

Q. Did you ever sell any to the prisoner? - A. No.

Cross-examined by Mr. Knowlys. Q. Your catgut travels all over London, I suppose? - A. Yes.

Q. Any body who comes to your shop might have it? - A. Yes.

Q. Where do you live? - A. At No. 22, Bowling alley, Turnmill-street.

JOHN WARD sworn. - Examined by Mr. Gurney. I am servant to Messrs. Griffiths, I have been in their employ upwards of twenty-two years: I went to the prisoner's shop on Monday the 25th of February, by my masters orders; I passed by the shop, and saw some whips that I was convinced were manufactured at my master's; I returned again, and looked more stedfastly than before; the prisoner then nodded to me, and I went in; I attempted to reach a whip, and he gave me another, such a one as I never saw in our manufactory, it was bound round with whalebone; he said, it was his brother's buttoning; I took up a whip that laid in the window; and he said, you have come to take away my patterns; I told him I did not want to do that, because I had left off finishing; then I laid the whip down, and he asked me to drink.

Q. Look at those whips, are you able to state that they are manufactured at your master's shop? - A. I examined them in Mr. Church's custody, and I believe the whole of them to be my master's.

Mr. Gurney. (To Church.) Q. These goods, that have been shewn to the last witness, Stanwell, were brought from the prisoner's house? - A. Yes.

Q. You went to execute a search-warrant? - A. Yes, on the 1st of March; we found a great deal of property there belonging to Mr. Griffiths; there was a door leading into the passage, which I tried to open several times, and could not; while I was there, the prisoner rattled at the door, and some person on the other side opened it, and the prisoner attempted to escape; I and my brother officer pursued him, and brought him back again, he had got about fifteen or twenty yards.

Q. Did he say any thing? - A. He said he was going for his brother.

Q. You have got every thing you took from him? - A. Yes.

Q. Has any application been made by him to you to restore any of the papers? - A. No; I kept them by order of Mr. Newman, the Lord-Mayor's clerk.

Cross-examined by Mr. Knowlys. Q. Did you not take away every article of business that there was, including books? - A. Yes, every thing.

Q. Sugar and all? - A. Yes, every thing.

Q. Did not Mr. Griffiths tell you not to suffer any person in the trade to see these things? - A. Yes, not without an order from him.

Court. How came you to take this man's books, you could not suppose he had stole them? - A. We were obliged to shut the shop up; there was nobody belonging to him that we could find.

Q. Upon your oath, has not the man's brother applied to you, and have you not refused to let him see those things, without an order from Mr. Griffiths? - A. I do not know his brother.

Q. Do not you know a man applied to you to inspect this property, and you refused? - A. Yes, without an order from Mr. Griffiths.

Q. The Lord-Mayor did not tell you not to let any body see them? - A. No.

Mr. Gurney. Q. Did he say he was his brother? - A. No; a man came and asked if he could see the property; I said, I could not suffer him to see them without an order from Mr. Griffiths.

Court. Q. The Lord-Mayor had given you no such order? - A. No.

Q. Is that the person that applied to you? - A. I cannot say; I did not take particular notice of the gentleman.

Q. Was that the person - (Pointing to another brother)? - A. I cannot say, they were strangers to me.

- CARTWRIGHT sworn. - Examined by Mr. Gurney. - I am the other officer who went with the search-warrant; I pursued the prisoner, and stopped him in the street, in Houndsditch; I went to get a coach for him; one of Mr. Griffiths's men opened the door to let me in, and the prisoner at the bar ran out at the side door; I followed him, and he turned round and faced me.

Q. Did he say any thing else? - A. He went down upon his knees, and begged for mercy.

Mr. Knowlys. Q. Upon your oath, did he not tell you he was going for his brother? - A. He said he was going to let his brother know.(The Bank stock receipt for 150l. read).

Mr. Knowlys. (To Mr. Griffiths). Q. Do you claim any part of that stock as your property? - A. No.

THOMAS PLUMER sworn. - Examined by Mr. Fielding. I am servant to Messrs. Griffiths; I have lived in their house better than four years.

On the Wednesday week, before he was taken up, I told my master where the prisoner lived.

Prisoner's defence. My Lord, and Gentlemen of the Jury, I am innocent of the charge laid against me. I shall prove, by my witnesses, that my prosecutors have done this wickedly and maliciously to crush me; they have endeavoured to take my business from me, knowing that I should take away a great deal of their business; and they have promised men work as long as they lived, because I should not have them.

Mr. Knowlys. One of these other stock receipts bears date in March, 1796, and the other in February, 1798.

For the Prisoner.

BROOM- THOMAS BENINGFIELD sworn. -Examined by Mr. Knowlys. I live in Lower Thames-street, I keep the Waterman's-arms; I am brother to the prisoner; we did not know of my brother's being taken up till Saturday night.

Q. When you went to your brother's house, did you find any papers? - A. Yes. (Produces them).

Q. Are they receipts for work in your brother's business? - A. They are.

Q. That was after the search? - A. Yes.(Several receipts for various articles in the whipmaking business, signed George Drummond , Robert Rufford , &c. read).

Q. Did you apply to Church, the constable? - A. Yes; I asked to look at the whips, and he said, Mr. Griffiths had given particular orders that no person should see them without he was present.

Cross-examined by Mr. Fielding. Q. Did you receive directions from your brother to search any particular place? - A. No; the first time I went to the house, we found papers scattered about the ground, and we found these receipts amongst them.

Q. Have you, by the direction of your brother, endeavoured to find out George Drummond? - - A. No.

Q. Have you enquired after Robert Rufford ? - A. No.

Mr. Knowlys. Q. If they had been disposed to take all the papers, there were a great number that every body must have seen? - A. Yes, about the ground.

Q. Your brother did not even tell you where these people lived? - A. I do not know that my brother knew I had found them. I believe they were bought mostly of people that are here to-day and gone to-morrow.

Q. Is it not customary for many articles in the whip trade to be hawked about by common hawkers and pedlars? - A. I have seen it.

- RICKARD sworn. - Examined by Mr. Knapp. I am a whip maker; I work for Mr. Skinner, Finsbury-place.

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

Q. He worked for Mr. Griffiths? - A. Yes.

Q. Did you know Ward? - A. Yes; he worked for Mr. Griffiths.

Q. Did you work with the prisoner at Mr. Olding's? - A. Yes, about nine years; I was there during all the time he was in his apprenticeship.

Q. Was he clever in the line in which he was? - A. He was reckoned so by his master.

Q. He knew his business, perhaps, as well as Ward did? - A. Yes; and he bears the best of characters for honestly and industry.

MICHAEL PAYNE sworn. - Examined by Mr. Knowlys. I am in the employ of Mr. Skinner; I have known the prisoner between seven and eight years.

Q. Is he a man of sufficient ingenuity to work to the pattern of any work that he has seen? - A. Yes.

Q. What character has he borne? - A. A. very sober, industrious, honest man.

- ATKINSON sworn. - I am a master tailor, in Shoreditch; he lodged in my house, in his motheir's apartments, while she was out, for about five weeks, last Christmas, till the time he went into his shop in January.

Q. Do you recollect how he was employed in the apartments of his mother? - A. Working continually from morning to night, as hard as he could, at whip making.

Q. You have known him a great many years? - A. I have known him about six or seven years, and never heard any thing but a good character of him.

Q. You saw him in the Poultry Compter? - Yes, several times.

Q. I believe his industry was carried even to the Compter? - A. Yes; I have got a whip now to produce, that he finished in the Compter.

Cross-examined by Mr. Fielding. Q. When he worked in his mother's room, was it a large-room? - A. Not very large.

Q. Was there any bed in the room? - A. Yes, turned up.

Q. Was there any machine in the room? - A. There was a kind of machine fixed upon the table.

Q. A spindle, was not it? - A. Yes.

JOHN TEASDALE sworn. - Examined by Mr. Knowlys. I am a carpenter, No. 13, Shaftesbury-place, Aldersgate-street; I have known the prisoner between seventeen and eighteen years, he lodged with me; he bears a very good character; he is a sober, honest, industrious, young man; he used to come home a little after eight in the evening, and used frequently to go to work till twelve that same night at making whips.

PHILIP EVANS sworn. - Examined by Mr. Knapp. I sell coals in Newcastle-street, Fleet-market; I have known the prisoner between seven and eight months; he lodged at my house; he was very sober and honest, and used to work late and early at his business of whip making.

Q. Had he any large machines in his apartment for braiding? - A. I cannot say what he had; I only know he worked late and early.

MELISSA EDGE sworn. - Examined by Mr. Knowlys. I live in Turnmill-street; I work at braiding whips; I have braided whips for the prisoner, and he always paid me very honestly; I braided for him, as near as I can guess, about nine dozen.

Q. Did you do that business for him in the same manner as you worked for Mr. Griffiths? - A. Yes.

Q. When did he employ you to braid whips? - A. About seven weeks ago; I have known him between eight and nine years, and never heard any thing amiss of him.

Q. Has any body said any thing to persuade or prevent you from coming here? - A. No.

Cross-examined by Mr. Gurney. Q. And you have braided whips for Mr. Griffiths? - A. Yes.

Q. Did you braid them by hand, or with an engine? - A. By hand.

Q. Look and see if any one of these whips are braided by you? - A. I cannot swear to it after it is out of my hand; there are so many in the trade, it is impossible to swear to it.

ANN TRINDER sworn. - Examined by Mr. Knapp. I am a widow, and carry on the whip mounting business: about seven weeks ago I mounted some whips for the prisoner.

Q. Does Mr. Griffiths employ you? - A. Yes.

Q. How long have you known the prisoner? - A. About nine years, as far as I know; I always entertained a very high opinion of him as an honest, industrious, young man.

Q. Has any body said any thing to you about your coming here, to desire you not to come? - A. No, nobody.

GUILTY .

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

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

Reference Number: t17990403-56

257. ELEANOR RILEY and ANN HANKIN were indicted, for that they, on the 26th of February , a piece of false and counterfeit money, made and counterfeited to the likeness of a good sixpence, as and for a good sixpence, unlawfully did utter to Ann Holloworth , knowing the same to be false and counterfeit .

Second Count. For uttering, in like manner, on the

same day, another false and counterfeit sixpence, to the said Ann, as and for a good sixpence, knowing it to be false and counterfeit; and that they had about them, in their custody and possession, at the same time, another false and counterfeit sixpence, knowing the same to be false and counterfeit also.

(The case was opened by Mr. Knowlys.)

ANN HOLLOWORTH sworn. - I am the wife of Henry Holloworth , I keep the King's-head at Cripplegate : On the 26th of February, the two prisoners, and another woman, came in, Riley asked for a quartern of gin with three outs, and they asked each other if they had any halfpence; Riley then gave me a good shilling, and I gave her a good sixpence and three pennyworth of halfpence, and she returned me the same sixpence, and said it was a bad one; I gave her another, and was very particular in giving it her.

Q. Was the second that you gave her a good one? - A. Yes, and she returned me a bad one for it, and began to treat me with very indifferent language; I sent for an officer; she came into the bar and was very abusive, and I sent for my husband, and then she threw down a good sixpence and the second bad one; then I saw Hankin going to give the other woman seven bad sixpences, but my husband came in and she dropped them on the floor; that other woman was discharged before the Lord-Mayor; my husband picked up the bad sixpences, the constable has got them; the bad sixpence that Riley gave me, and the one that I picked up off the ground, I have, (produces them); it had the letter R upon it when she gave it to me.

Q. Did you know the prisoners before? - A. I had seen them before, that made me so very particular.

HENRY HOLLOWORTH sworn. - Examined by Mr. Knowlys. My wife sent for me, and I secured the two prisoners; I watched them very close, I saw Hankin take something out of her pocket, and was going to give it to Catherine Smith, who was discharged; I immediately laid hold of her hand, and seven bad sixpences dropped from her hand upon the floor; I picked them up, and marked them all, and I delivered them to Eldin the constable.

RICHARD ELDIN sworn. - Examined by Mr. Knowlys. I am a constable: Mr. Holloworth delivered me these sixpences, (produces them); I have had them ever since.

Holloworth. These are the same sixpences.

WILLIAM PARKER sworn. - Examined by Mr. Knowlys. I am a gun-maker: I attend on the part of the Mint.

Q. Look at that sixpence which the woman produced? - A. That is a counterfeit.

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

Eldin. Hankin said she had no money about her, I searched her, and found twelve pennyworth of good halfpence, and two penny-pieces, and a bad sixpence.

Riley's defence. I know nothing of the bad money.

Hankin's defence. The gentleman brought out the bad money, and said they were what he had taken in his house.

Both GUILTY .

Confined one year in Newgate , and find sureties for their good behaviour for two years more .

Tried by the London Jury, before Lord KENYON.

Reference Number: t17990403-57

258. MARY M'LAUGHLIN and LOUISA JACOBS were indicted for that they, on the 30th of March , a piece of false and counterfeit money, made and counterfeited to the likeness of a good sixpence, as and for a good sixpence, unlawfully did utter to James Barker , knowing the same to be false and counterfeit .

Second Count. For uttering, in like manner, on the same day, another false and counterfeit sixpence, to the said James, as and for a good sixpence, knowing it to be false and counterfeit; and that they had about them, in their custody and possession, at the same time, another false and counterfeit sixpence, knowing the same to be false and counterfeit.(The case was opened by Mr. Knowlys).

JAMES BARKER sworn. - Examined by Mr. Knowlys. I keep the Steel-yard Coffee-house, in Upper Thames-street : The prisoner, M'Laughlin, came into my house on Saturday the 30th of March, and asked for a glass of gin; I served her, and she gave me sixpence to pay for it; I found the sixpence not to be a good one, and I desired her to change it; she told me she had no other money but two bad halfpence; in consequence of what my boy told me, I found the other prisoner, Jacobs, at the door, and I secured them both; I was not present when they were searched, I marked the sixpence that she offered me, and delivered it to the constable, it is in his possession.

JOHN WAINEWRIGHT sworn. - I was in the room waiting for a pint of beer when the girl came in for a glass of gin, he refused to take the sixpence; the boy said, in her hearing, this is the girl that gave you the bad sixpence a day or two ago; she said she never was in the house before; the boy then said there was another woman at the door; I went out and found Jacobs, they denied knowing each other at that time; I told Mr. Barker it would be proper to search them; I found upon M'Laughlin eight or nine pennyworth of halfpence, most of them good; I asked Jacobs if she had got any money about her; and she said, no, she had none; upon searching her, I found this box, containing five sixpences, (producing them); I asked her how she came by them; they were both together at the time; she said, the other had given them to her, and M'Laughlin acknowledge that she did; I received this sixpence from Mr. Barker.

Barker. This is the same sixpence that M'Laughlin offered to me.(Mr. Parker proved them all to be counterfeit.)

Wainewright. When I asked Jacobs-pray do you know any thing further about how she came by this bad money; says she, I believe I can; when she gets one off, I give her another.

M'Laughlin's defence. Whether they were good or bad I did not know, I received them at Spitalfield-market, sixpence from one, and sixpence from another, for carrying loads; and as this young woman lodged in the same house, I gave them to her to take care of for me.

Jacobs's defence. I had the box of money from this other woman.

Both GUILTY .

Confined one year in Newgate , and find sureties for their good behaviour for two years more .

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

Reference Number: t17990403-58

259. NATHAN AARON was indicted for that he, on the 24th of March , a piece of false and counterfeit money, made and counterfeited to the likeness of a good sixpence, as and for a good sixpence, unlawfully did utter to Benjamin Stephens , knowing it to be false and counterfeit .

Second Count. For uttering, in like manner, on the same day, another false and counterfeit sixpence, to the said Benjamin, as and for a good sixpence, knowing it to be false and counterfeit; and that he had about him, in his custody and possession, at the same time, a piece of false and counterfeit money, made and counterfeited to the likeness of a good half-crown.(The case was opened by Mr. Knowlys.)

BENJAMIN STEPHENS sworn. - On Sunday the 24th of last month, I met the prisoner in Gracechurch-street with oranges; he asked me if I wanted to buy any oranges; I told him I did not want any; I asked him how he sold them; he said, eight for sixpence; I said, if he would give me nine for sixpence I would have them; so he agreed to that, and I gave him a shilling, and he said he did not like it, it was crooked, and it was black; I don't know whether he changed it or not, but it turned out afterwards to be bad; then I was going to give him a half-crown, and he said he could give me change for a half-guinea, or a seven-shilling-piece; I then gave him the half-crown, and he gave me a shilling first; I said, I did not like it because it was bright; then he pulled out two sixpences; but before he gave them to me, a gentleman came out of the alley and drove him off, because it was church-time; I went down to the end of the street, and Mr. Perry, the constable, came up; we were disputing about the change, and Mr. Perry desired me to let him look at the change, and, I gave him the shilling and the sixpences, and he said they were not worth a farthing; then he overhauled the gentleman, and took what money he had from him.

Q. He searched him you mean? - A. Yes; Mr. Perry has had them ever since, and likewise the half-crown that I gave the Jew.

THOMAS PERRY sworn. - Examined by Mr. Knowlys. I am a constable; I was passing by, and saw the prosecutor, and the prisoner, with a basket of oranges; I stepped up to them, I heard the prosecutor saying the money was very bright, and he did not think it was good; I looked at the money, and saw it was bad; Stephens marked it, and then gave it to me.

Stephens. This is the same money.

Perry. I took the prisoner to the Compter, and searched him there; I found upon him two half-crowns and two shillings bad; he had a half-guinea, a seven-shilling piece, two half-crowns, and five single shillings, which the Lord-Mayor supposed to be all good, and which he returned him.(Mr. Parker proved the money to be counterfeit).

Perry. I found the bad money in a pocket by themselves.

Prisoner's defence. I did not know that there was any bad money, or else I would not have offered it.

GUILTY .

Confined one year in Newgate , and find sureties for his good behaviour for two years more .

Tried by the London Jury, before Lord KENYON.

Reference Number: t17990403-59

260. THOMAS FOSTER was indicted for having in his possession a counterfeit pass .

The indictment was opened by Mr. Vaillant, and the case by Mr. Knowlys; but the Court being of opinion that it was not an indictable offence, the prisoner was ACQUITTED ,

Tried by the London Jury, before Lord KENYON.

Reference Number: t17990403-60

261. THOMAS HUGHES , and THOMAS HUGHES the younger , were indicted for receiving, on the 8th of December , a quantity of indigo and cochineal, the property of Gilbert Alder , Thomas Ellis , and John Buxton , from a certain ill-disposed person, knowing it to have been stolen .(The indictment was opened by Mr. Knapp, and the case by Mr. Knowlys).

THOMAS WHITNEY sworn. - Examined by Mr. Knapp. I am a butcher by trade; I was employed by the prosecutors from the latter end of October till about Christmas; they are dry-salter s.

Q. Did they deal in indigo and cochineal? - A. Yes.

Q. Do you know the defendants? - A. Yes, they are hair-dresser s, in Thames-street.

Q. Where was Messrs. Alder and Ellis's house? - A. In Abchurch-lane.

Q. Mind and tell us the truth - do you know any thing about any indigo? - A. The Monday after the 5th of November was the first that I took; I took three pounds, two pounds of East-India, and one pound of Manilla.

Q. You did not take it with the consent of your masters? - A. No.

Q. You stole it? - A. Yes; I took it home to my house, and Hughes sent his little boy to me; I had seen old Hughes before, and he saw something blue about me, and asked me if I did not deal in indigo; I told him, yes; he asked if it was not a very valuable article; I told him it was of different prices; I was about buying a dog of him for half-a-guinea; he told me, if it was not convenient for me to pay for the dog, he would take three pounds of indigo.

Q. Did you tell him where you worked? - A. He knew I worked at the indigo warehouses; I am sure his son knew it; Hughes sent his son for the indigo before I had time to bring it to him.

Q. You do not mean the son who is the defendant? - A. A little boy about fourteen. The next day the youngest defendant came, and told me, if I could get some more indigo, he could dispose of it; I told him I would, and the next day I got ten pounds from my master's warehouse.

Q. Did young Hughes at that time know in whose warehouse you worked? - A. Afterwards he did; he gave me three shillings a pound.

Q. What was it worth? - A. Some of it was worth twelve shillings a pound, and the rest five shillings. I took it to him that night, and was to call the next day for the money; I saw the father and the son both in the shop; the son put the indigo into a cupboard on the left side facing the door; I went the next night and got thirty shillings for the ten pounds.

Mr. Gurney. I submit to your Lordship, they must confine themselves to one of the two transactions.

Court. Certainly.

Mr. Knapp. Q. Do you remember any thing about any being carried away in a box? - A. They were in paper parcels; the father paid me for them both.

Q. Have you had any conversation with the prisoners during the last Session, or since the last Sessions? - A. The son spoke to me in the yard, and begged I would be as favourable as possible; he said nothing more, and I turned away.

Q. When you were apprehended, did you ever write to the Hughes's? - A. Yes; I told them I was accused with it; the son took me down into the hall, and told me never to confess it, as no person knew it but my wife, and she could be no evidence against me in any Court. and then I met the old man in the passage; I told old Hughes I had been accused, and asked him how I should act upon it; he told me there was no danger, if I did not confess myself, and told me, if I had any in my house, to clear it away; he said, he had none in his house.

Q. Did you write a letter to the Hughes's? - A. Yes, I did.

Q. At any subsequent time did the Hughes's acknowledge they had received a letter from you? - A. No.

Cross-examined by Mr. Gurney. Q. You went into the service of Messrs. Alder and Ellis in October last? - A. Yes.

Q. And then you began to rob them? - A. Yes.

Q. You were taken up, were not you? - A. Mr. Alder wanted me to confess, and he gave me till twelve o'clock.

Q. You accused a person of the name of Reeves, did not you? - A. Yes, he had part of the money; I told Mr. Alder he was concerned in taking indigo.

Q. And Reeves was taken up upon your accusation? - A. Yes.

Q. And you went before the Grand Jury to find a bill against him? - A. Yes.

Q. Has he been tried? - A. No.

Q. Why? - A. The Grand Jury threw the bill out.

Q. Where is your wife? - A. She has lived with her father; she has not lived with me since the last day of the last year.

Mr. Knapp. Q. Have you never been in custody at all? - A. No.

SUSANNAH WHITNEY sworn. - Examined by Mr. Knowlys I am the wife of the last witness.

Q. Do you know the Hughes's? - A. Yes.

Q. Did you ever see them at your house? - A. Yes, both of them; I never saw the oldest Hughes but once there.

Q. How often has the young one been at your house? - A. Several times.

Q. Was your husband always at home when he called? - A. No; I sent for him twice; young Mr. Hughes said, he wanted to speak to him.

Q. Was it before your husband was accused of robbing Messrs. Alder and Ellis? - A. Yes.

Q. Was John Mackin in your service? - A. Yes.

Q. Was Ann Beaton in your service? - A. Yes.

Cross-examined by Mr. Gurney. Q. Have you not been in custody? - A. Yes.

Mr. Knowlys. Q. Do you ever recollect any particular thing passing between your husband and young Hughes? - A. On Thursday, after Christmas day, he took two large paper parcels.

Mr. Gurney. Q. You were yourself taken up? - A. Yes, for a little time I was in the Compter.

Q. Where have you lived for the last three or four months? - A. With my father and mother.

Mr. Knowlys. Q. Were you ever charged with stealing this property? - A. No: I do not know what I was taken up for.

ANN BEATON sworn. - Examined by Mr. Knapp.

Q. Were you servant to Whitney, in Messrs. Alder and Ellis's service? - A. Yes, about three weeks before Christmas.

JOHN MACKIN sworn. - Examined by Mr. Knowlys.

Q. What age are you? - A. Fifteen.

Q. Do you know whether it is a good thing or a bad thing to tell a lie? - A. A bad thing.

Q. Do you know either of the two Hughes's? - A. Yes, the eldest.

Q. Did your master ever give you any letter to carry to him? - A. Yes.

Q. Who is your master? - A. Thomas Whitney; I gave it to Mr. Hughes.

Q. When was it? - A. About the time that my master was charged with this; he read it, nodded his head, and I went away directly.

Mr. Gurney addressed the Jury on behalf of the defendants, and called eight witnesses, who gave them a good character.

Both NOT GUILTY .

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

Reference Number: t17990403-61

262. HUGH JONES was indicted for receiving, on the 10th of January , one hundred pounds weight of indigo, the property of Gilbert Alder , Thomas Ellis , and John Buxton , from a certain ill-disposed person, knowing it to have been stolen .

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

THOMAS WHITNEY sworn. - Examined by Mr. Knapp. I am servant to Messrs. Alder and Ellis, dry-salter s, in Abchurch-lane; I lived with them in January last.

Q. Do you know the defendant, Jones? - A. Yes; I have known him about four months; I never saw him but once before I went to him.

Q. In January last, did you take any indigo from your master? - A. It was taken in December.

Q. How much did you take? - A. Above a hundred pound weight; I sold it Jones on the 10th of January last.

Q. Was the indigo placed in any packages? - A. In a box, and three paper bags.

Q. Had you put them there all at once? - A. No, at different times.

Q. Had you any conversation with Jones? - A. I went to Jones on the 10th, and asked him whether he would buy some indigo.

Q.What business was Jones? - A. He kept a warehouse in Little Bush-lane.

Q. What kind of a warehouse? - A. A druggist's and dryfalter's; there was every thing in the warehouse, grocery, and doctor's drugs, and indigo, and cochineal, and various other things; breeches-pieces.

Q. Any stockings? - A. No; there were ropes, twine, and bags.

Q. Did he know you were servant to Messrs. Alder and Ellis? - A. I told him so that morning; I told him that

Reeves, the warehouseman, was gone away; I told him I had had some words with Reeves, and I had moved the indigo away to another part of the town for fear he should tell of it; I sent it away in a coach to Mr. Townsend's, a butcher's, in Fetter-lane.

Q. Who went with it? - A. Nobody; I sent a letter with them, desiring Mr. Townsend to receive them.

Q. Did you tell Jones where the indigo was at Fetter-lane? - A. No, I went with him; he met me on the 11th, at the Green-Man in Bucklersbury.

Q. When you met him, what passed? - A. He and I went to Townsend's, that was between three and four o'clock; Jones was facing Townsend's, at a public-house, drinking a pint of beer, while I went over to Townsend's; Townsend had been to me on the 10th, in the afternoon, and asked me the meaning of sending these things to his house, a box nailed up; I told him it was indigo, that was taken from Messrs. Alder and Ellis, by Reeves and me; that we had quarrelled, and I was afraid him and my wife would discover where it was, I did not know what to do with it; I told him I would fetch it away that night, and that very same day I was accused by Mr. Alder of it; Townsend was frightened, and did not know what to do, and he removed it to Calcott's, in Fleet-lane; Jones and I went there, and it was taken into the yard.

Q. Was that the same indigo that you had sent by the coach? - A. Yes, and the box was still nailed; I opened the box, and the bags, there were three different quantities in each bag; there were forty-three pounds in the bags, nine, sixteen, and eighteen; Jones examined them, and asked me what I would have for them; I told him four shillings a pound.

Q. Was that a fair price? - A. The Manilla was worth about eight shillings, and the other, six shillings, and six and sixpence; he bid me two shillings and nine-pence; I desired him to consider, and not talk so; then he said he would give three shillings, and he would not give any more, and so I took it; the Manilla was weighed in that shop, and Jones took the weight upon a piece of paper; I took the East-India indigo into Fleet-market, and weighed it, Jones carried the box, and I carried the bags; Townsend was present at that time, he left us in Fleet-market; he offered me a two pound note and a one pound note; I told him I would not take a part of the money; so then he called a coach at the Obelisk, and put them in, and told me he would call upon me and pay me; I told him I would not let the indigo go without he paid me for it; then he ordered the coachman to drive over to Maize-pond, in the Borough; about ten yards before he came to his own house he stopped the coach, I carried the box, and he carried the bags, to his own house in Maize-pond; I took the sack away, and the paper bags were put into a box.

Q. What became of the box? - A. It was not unpacked then; then we went to a public-house, the sign of the London-bridge, in Maize-pond; his son came and brought a sack; then he went out and returned back again in a few minutes, with the money; he took a pen and ink, and reckoned up what it came to; it weighed a hundred and two pounds altogether; he said he would not pay for the odd two pounds; then he said he must have discount for ready money; he gave me fifteen pounds one shilling, and I gave him two shillings and sixpence discount; then I went away. (The constable produced the box and the bags).

Whitney. This is the same box, there has been a mark upon it of 2s. 6d. which has been attempted to be scratched out, and a 3 put over it; but I am sure it is the same box.

Q. Have you any doubt about the bags? - A. They appear to be the same, there is no mark upon them; they were made by my wife, they are not made like common paper bags; and the bags were in the warehouse, all tied round with this sort of string.

Q. When was he apprehended? - A. The day after he had bought it, on Saturday the 12th.

Cross-examined by Mr. Pooley. Q. What trade were you before you lived with Mr. Alder? - A. A chimney-sweeper; I was a butcher by trade, and kept a shop in Fleet-market six years.

Q. How came you to leave off the business of a butcher? - A. I failed.

Q. Did you leave off the trade of a chimney-sweeper before you went into Mr. Alder's service? - A. I did not leave it off, I am in the business now.

Q. When was it you first began to plunder him of his property? - A. In November.

Q. How long did you carry on the business of stealing your master's property before you were discovered? - A. About two months.

Q. To the amount of a hundred pounds, perhaps? - A. This parcel, I suppose, is not worth much less.

Q. You stole a great deal besides? - A. I was concerned in taking more from my master.

Q. I believe you accused a man of the name of Reeves? - A. Yes.

Q. And he was indicted in consequence of it? - A. Yes.

Q. You went before the Grand Jury? - A. Yes.

Q. The bill was thrown out? - A. Yes.

Q. You know he was not tried, and is at large? - A. Yes.

Q. You were examined before the Grand Jury? - A. Yes.

Q. You know you were a witness against the Hughes's? - A. Yes.

Q. What became of them? - A. They were cleared.

Q. Who was present in any of the conversations that you had with Jones? - A. Townsend was present.

Q. Nobody else was present at any of those times? - A. No; there were three or four persons saw it weighed in the shop.

HENRY TOWNSEND sworn. - Examined by Mr. Knowlys. I am a butcher, at No. 15, Fetter-lane.

Q. Do you know Whitney? - A. Yes: On Thursday the 10th of January, about ten o'clock in the morning, a hackney-coach stopped at our door, and two parcels were left, a box and a bag; the next morning I removed them to a relation of mine, of the name of Calcott, in Fleet-lane, Fleet-market; in the course of that day, about four o'clock, Whitney came to me for these things, Jones was waiting at a public-house opposite, Jones came out; Jones and I, and Whitney, went to Calcott's; the same box and bag that were sent to my house were in the shop, and Jones and Whitney took them backwards into the yard; the box was nailed, and the bag tied; they opened

them, and I saw that the contents of the box and the bag were indigo.

Q. What was in the sack? - A. Small paper bags of indigo; Whitney assured Jones, before Jones purchased it, that all was right.

Q. Did he explain that? - A. No; Whitney weighed them; Jones bid him 2s. 9d.; Whitney would not take it; then Jones bid 3s. and said, he would give no more; Whitney told him he should have it; the small paper bags were weighed at Calcott's, and the box was weighed at a butcher's, in Fleet-market; I went with them; it was in my way home; Whitney took the box, and Jones the bag, and away they went; I saw them no more. I cannot say whether this is the same box or not.

Q. You afterwards attended at Union-hall? - A. Yes.

Cross-examined by Mr. Alley. Q. You are a butcher? - A. Yes.

Q. How long have you carried on business for yourself? - A. About eight or nine years.

Q. And how long have you been acquainted with Whitney? - A. Near the time I went into business.

Q. Then you have known him while he was a chimney-sweeper? - A. I have not known any thing of him since he was a chimney-sweeper.

Q. How long is it since he left off the business of a sweep-chimney? - A. I cannot say exactly.

Q. I take it you had seen him frequently before that? - A. Yes.

Q. I dare say you thought there was no harm in this transaction, but that you were acting like an honest man? - A. Yes; the note mentioned that I was to receive these things for Thomas Whitney ; I knew nothing of the contents.

Q. And you had a conversation with Whitney in the evening? - A. Yes; when he informed me, they were goods embezzled by him and one Reeves.

Q. Did you ever receive a bundle sent to you in a hackney-coach before? - A. No; I went immediately to Whitney, to know what it meant.

Q. Upon your oath, did you not think it must have been a dishonest transaction, it being sent concealed in a hackney-coach? - A. I thought it was not.

Q. Who is Mr. Calcott? - A. A person that lives in Fleet-lane.

Q. How long has he lived there? - A. Twelve months.

Q. Upon your oath was he not in the Fleet prison at that time? - A. He was in the Rules, the house is in the Rules.

Q. Is he a relation of your's? - A. Yes.

Q. Then like an honest man you endeavour to shift them off yourself, and throw the burthen upon your friend and relation? - A. I was alarmed, and did not know what to do.

Q. And because you were alarmed, you sent them to the house of your friend and relation, and he in prison at the time? - A. I did not know the contents of them.

Q. Like an honest man, of course, when you found they were stolen property, you gave information to a Magistrate? - A. No, I did not; I did not know the contents of them at all.

ROBERT COOPER sworn. - On the 12th of January I went to Mr. Jones's house, in Maize-pond, in the Borough; Mr. Jones was not at home; upon searching the shop, we found these three paper bags in his shop, in a box; and searching for the other things, Jones came in himself, and pulled a parcel of candles out of his pocket; I asked him how he came by that indigo, and he mentioned several places, he had bought indigo at various sales. On the Monday following I went to Eustace, in the Borough-market, and there I found a box of indigo; I took it to Union-hall.

Q. Did you weigh the indigo? - A. I weighed the bags, but not the box; one bag weighed nine pounds, another sixteen, and the other eighteen.

WILLIAM EUSTACE sworn. - Examined by Mr. Knowlys. I am a tallow-chandler, in the Borough. market; I know Jones by buying empty boxes of him to pack up my candles in; Jones brought a box to me, about the middle of January, on a Saturday, and it was taken away by the officer the Monday after; Jones called at my house, and wanted some candles; I wrapped him up three pounds, and he asked me to let him leave it there, as he was going into the City; it was rather late.

Mr. Alley. Q. What time of the day was it? - A. About ten in the morning; my shop was very full, and he said, I might put it into the warehouse out of my way, and I took it across my parlour into the yard.

WILLIAM WOODWARD sworn. - Examined by Mr. Knapp. I am a box-maker, in Gracechurch-street; I work for Messrs. Alder and Ellis; Whitney ordered a box of me on the 2d of January, for his master; we had one ready-made, which he had; I cannot say whether this is the same box or not; I know it is one of our boxes by the marks of the hammer on the inside; it has been marked 2s. 6d. with red chalk; that has been rubbed out, and it is a three now.

Q. Have you any doubt that that is the box you sold to Whitney? - A. No.

Cross-examined by Mr. Pooley. Q. Have not all boxes of that description the same mark inside? - A. Yes, all of our make.

Q. I suppose you fell a great number of boxes of that description? - A. Yes.

GILBERT ALDER sworn. - Examined by Mr. Knowlys.

Q. Who are your partners? - A. Thomas Ellis and John Buxton .

Q. Was the witness, Whitney, a servant of your's? - A. Yes.

Q. Have you lost a considerable quantity of indigo? - A. Yes.

Q. Have you seen some indigo since? - A. Yes; but it is impossible to swear to indigo.(Mr. Pooley addressed the Jury on behalf of the defendant.

GUILTY .

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

Reference Number: t17990403-62

263. JOHN SMITH was indicted for wilful and corrupt perjury .

The indictment was opened by Mr. Gurney, and the case by Mr. Knapp, but there being a defect in the evidence, the prisoner was ACQUITTED .

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

Reference Number: o17990403-1

ARGUMENTS OF COUNSEL IN THE CASE OF JAMES TURNBULL , Who was tried and convicted during the last Sessions.

Mr. Gurney. I submit to your Lordship that the capital part of the charge, in this indictment, is not substantiated. The indictment charges that the prisoner made an assault on Thomas Finch , put him in fear, and feloniously and violently took from his person a certain number of guineas. In the first place, my Lord, taking for argument sake, all the evidence, which has been given, to be correctly true, I contend that the monies, which are the subject of this indictment, were not under the protection of the person of Thomas Finch .

The Legislature has been extremely careful in taking away the Benefit of Clergy from persons committing certain offences; to describe, with great exactness, what those offences are; and a prosecutor is bound, in drawing his indictment, to charge the offence correctly in the words of the statute; where property is taken, which is under the protection of the person, it should be so charged; and where the property taken is under the protection of the dwelling-house it should be so charged.

I submit to your Lordship, that this property was not under the protection of the person of Mr. Finch, but was under the protection of the lock and of the chest, and of the house in which that chest was. I observe that the key, which was the only thing demanded of Mr. Finch, is not laid to be stolen, because it certainly was not taken from his person; if that is not considered to have been taken from the person of Mr. Finch, so as to warrant the prosecutors in including that in the indictment, still less could the guineas be taken from his person, which were contained in the chest, to which that key belonged. I humbly submit, therefore, that the guineas were not under the protection of Mr. Finch, or indeed of any of the persons employed to work the press, but were under the protection of the house, and the moniers, who were the partners in that house.

If your Lordship should be of opinion that these guineas were under the protection of the person, and not under the protection of the house, yet I submit to your Lordship, that the Benefit of Clergy is not taken away in this case. The apprehension that it is taken away, appears to have arisen from selecting a single member of a sentence in the act of the 3d of William and Mary, which I contend ought to be read as connected with other parts of the sentence.

Mr. Justice Rooke. Your objection now rather goe to the sentence that is to be passed.

Mr. Gurney. It goes to this, that if I am well founded, your Lordship will direct the Jury to acquit of the capital part of the charge.

By the act of 3d William and Mary, chap, 9, it is enacted, "That all and every person or persons that shall at any time from and after the 1st day of March, 1691, rob any other person, or shall feloniously take away any goods or chattels, being in any dwelling-house, the owner, or any other person being therein, and put in fear, or shall rob any dwelling-house in the day time, &c." they shall not have the Benefit of Clergy.

Now for the purpose of supporting the capital part of this charge, this act is to be taken thus, the first member of the sentence is to be considered as having no relation to the second and third; but I contend that the latter part of the sentence is to be considered as referring to the former, and it should be read thus, "that every person who shall rob another person of any goods, or chattels, being in a dwelling-house," that the word"rob," therefore, refers to a person, and to goods and chattels, being in a dwelling-house, and cannot be considered as standing alone unconnected with the rest of the sentence. It appears to me that this must necessarily be the construction of this statute; and for this reason the Courts have always been particular in requiring prosecutors to prove the charge which they make, especially when it goes to exclude the Benefit of Clergy, as in the case which I now hold in my hand - an indictment was preferred for a robbery in the highway, and it was proved that the person was dragged from the highway to the dwelling-house, and the robbery perpetrated there; it was held that the evidence would not support the capital part of the charge. Now if the construction, which I contend for, was not the true one, the Court could not have directed the Jury to acquit of the capital part, for the robbery was the crime, and they would have rejected the words "in the King's highway," as surplusage. The case, that I allude to, is in Mr. Leach's book, page 47, Oatley's case, "At the Old-Bailey October Session, 1760, Margaret Oatley and Mary Burn were indicted before Sir William Moreton, Recorder. present Mr. Justice Clive, for robbing William Baldwyn , in the King's highway. It appeared that the prisoners met the prosecutor in Drury-lane, dragged him through a court into a house, and there robbed him. Per cariam. This evidence will not support the capital part of the charge. The indictment lays the robbery to have been committed in the King's highway, but the proof is that it was committed in a dwelling-house."

Now, if robbery may be committed any where, and it is not necessary to be stated where it is committed, and if that is a charge which excludes Benefit of Clergy, I submit to your Lordship, that this case could not have been so determined; but the words "in the King's highway," would have been considered as surplusage.

Your Lordship perceives, therefore, that it is the opinion of Judges in construing Acts of Parliament, that whether it is a crime committed in the King's highway, whether it is committed near the highway, or whether in a dwelling-house, that the words "in the King's high

way," "near the King's highway," or

"in a dwelling-house," are a material part of the charge necessary to be laid in the indictment, and necessary to be proved by the evidence.

There is another observation upon the terms of this statute, which I trust will shew my construction of it to be correct. Benefit of Clergy is taken away from robberies near the King's highway, by the stature of Henry VIII. Benefit of Clergy is taken away from robberies in the dwelling-house of the party robbed, by a statute of Edward VI. The words are,

"all and every person who shall rob any person or persons in their dwelling-house." - That appears to have been intended to give protection to persons in their own houses; but it did not go so far as to take away the Benefit of Clergy from robberies in the dwelling-houses of others. This statute of William and Mary seems to be the first statute that takes away Benefit of Clergy from robberies in dwelling-houses generally, and therefore I trust, in a case where the life of the prisoner is at stake, your Lordship will not extend the construction of this statute, when there is such a degree of ambiguity in it, and where it is doubtful, whether in the reading we are to stop at one comma, or go on to another comma. I trust, I have shewn that a real and efficient purpose is to be answered on my construction, namely, taking away Benefit of Clergy for the first time from persons committing robberies in a dwelling-house, and that your Lordship will be of opinion, that the Crown is bound to state where the robbery was committed: if in the highway, it ought to be stated in the highway, or if it is committed in a dwelling-house, it ought to be stated to have been committed in a dwelling-house: and that this indictment, not stating either the one or the other, does not charge the prisoner with an offence from which the Benefit of Clergy is taken away.

Mr. Alley. My Lord, I shall take the liberty of adding a few observations in support of the opinion for which Mr. Gurney has contended; and, I confess, I feel little difficulty in maintaining, that the offence, as proved, doth not amount to the crime of robbery; and that the indictment, in its present form, can be considered in no higher light than an indictment for grand larceny. To ascertain these points, the first thing to be inquired is, what is the nature of the offence? - "It has been proved by Mr. Finch, the prosecutor, that he was assaulted in a room in the Mint, that a key was taken from him; that, with this key, (which key is not charged in the indictment), a chest was opened, and cash to the amount of 1400l. was taken by the prisoner, but not whilst Mr. Finch was in the room, for he was forced into a closet;" and, on these facts, the question is, has this money been taken from Mr. Finch by robbery? - To prove it has not, we need only recur to Lord Coke's definition of the term robbery, 3 Inst. 68, where he says,

"it is a felony at common law committed by a violent assault on the person of another, putting him in fear, and taking from his person his money, or other goods, of any value whatever; it is derived (says he) de la robe, both because in ancient times(as sometimes yet is the case) they bereave the true man of his robes, or garments, and also, that his money, or other goods, are taken from his person; that is, from or out of some part of his garment, or robe, about his person;" hence, therefore, if this derivation and definition are correct, (and my Lord Coke is a pretty good authority), it is manifest, that, where A is accused of having robbed B, it must be proved, not only that he assaulted him, but that he took from his person some property, no matter to what amount; it therefore follows, that if the property stolen was not taken from his person, the stealing can not be called a robbery, for it does not come within the term de la robe, as used by Lord Coke; then, in this case, as the money stolen was not taken from the person of Mr. Finch, nor from any garment about his person, but from the chest in which it had been deposited for security, it, by consequence, is clear it can not be considered as a taking by robbery. - But, it has been said, it was under the protection of the person, and therefore may be considered as taken from the person; this I deny; for it must, according to the proof, be considered as under the protection of the house, and chest, with the additional security of lock and key; and would be viewed in this light, had the indictment been framed on the statute of Ann, for stealing from the dwelling, &c. - Again, it is not like, nor does it at all aproximate the case which has been put, where a man is assaulted on the highway, and throws his purse upon the ground, which the robber takes up; for, in such case, the purse was under the direct and sale custody of the person, and was taken strictly within the meaning of Lord Coke's definition, de la robe. - It has been also said, that as possession is coextensive with property, the money may, in this case, be considered as taken from the presecutor's possession; in my mind, the observation don't apply; and, if it did, it cannot be correct, thus generally stated; though I will admit, in particular cases, possession may be said to accompany the right of property; for instance, if a servant is intrusted by his master to carry goods to a customer, and those goods are stolen from him, an indictment may be well maintained which charges them as the property of the master; for the legal property continues in the master until determined by the delivery to the customer, and therefore he may he said to have the constructive possession, though the actual possession is in the servant; and upon this principle it is, that an indictment for larceny might be supported in the name of the master. From all these observations, therefore, it appears to me paradoxical to contend, that, in the present case, the money can be considered as taken from the personal custody of Mr. Finch.

As to the form of the indictment, so much has been already offered, that little remains for me to add. It charges generally, that the prisoner robbed the prosecutor, omitting the locus in quo, which ought to have been added as a part description of the offence; for instance, it should have charged, that he robbed him "in a dwelling-house," or "on the highway, &c." For it is in this way the Legislature has specified the offences from which Clergy is taken; as by 23 Hen. VIII. cap. 1, from robbery in or near about the highway; by 5 and 6 Edw. VI. cap. 9, from robbery in dwelling-house, the owner, or any part of his family being therein: so by 3 Wm. and Mary, cap. 9, from robbery in a dwelling-house, any person being therein, and so under different circumstances by a variety of statutes; but in all those cases, indictments must pursue the Words, so as to bring the offence within the statute description; for otherwise a conclusion contra formam statuti

will not be sufficient; therefore, if the offence is not so stated on the indictment, or if it is so stated, and not proved as laid, the offender must be entitled to his Clergy. There is a case which has lately been decided, and as it has not been quoted, I will mention it. It was thus: A was indicted and tried for robbing B in the highway, and the prosecutor proved, that he met the prisoner in the street, where he assaulted him, and took him into a house, in which he robbed him; and on the trial I objected, that as the fact proved differed from the charge, Clergy could not be taken from the accused. This principle was not denied (before Mr. Baron Hotham and my Lord Kenyon), but the learned Judges ruled against the objection, not upon the ground contended for to-day, namely, that robbery generally is deprived of Clergy, though, if correct, that would have been the shortest and plainest answer; but, they observed, that the assault and robbery in the house should be considered as a continuation of the original assault in the street. -Hence it is fair, in support of my argument, to infer, that they did not consider robbery generally, wheresoever, or under what ever circumstances committed, as deprived of Clergy. On these grounds it is I submit first, that the offence, as proved, doth not amount to robbery; and, secondly, that as the indictment is framed, the charge is not of a higher nature than grand larceny; and therefore trust the prisoner will be admitted to his Clergy.

Mr. Justice Rooke. I will tell you how the case strikes me. I think the most material part of your objection goes more to the form of the indictment than any thing else: the objection must be founded upon the facts which appear in the case. I think it sufficient now to say, that I am not struck with either of your objections. Upon the evidence, I think the property was under the protection of this man's person, and I think the indictment is sufficiently set forth; if it amounts to any thing, they have set forth too much - they have set forth a robbery in the highway, which they need not have done. You shall hear the law laid down; and if, after that, you think you can make any thing of your case, I will hear you.

The prisoner then made his defence. (See the last Sessions).

Summing up.

Mr. Justice Rooke. Gentlemen of the Jury. The prisoner, James Turnbull , stands indicted for a robbery on Thomas Finch , putting him in bodily fear, and feloniously stealing and taking away four bags, containing 2308 guineas, the property of the Moniers of the Mint. There are other counts in the indictment, stating the property to be in different persons. Then the question which we have to try is, whether this man did make an assault upon Thomas Finch, and did take this property from him violently and feloniously; and if you think he did, whether it is the property either of the Moniers of the Mint, or the Bank of England, or the Keepers of the Mint, or of Thomas Finch , who appears to have had a temporary custody of it. The general law as to robbery is so clearly defined, that it is difficult to make a doubt upon the subject: for the general law of robbery is this, that a person must be put in fear, but that if he is put in fear, it is not necessary to take the thing actually from his person: but according to the terms of Mr. Serjeant Hawkins's book, if he took any thing from a man openly, and before his face, which is under his immediate personal care and protection, it may property enough be said to be a taking from the person. When you attend to the evidence, you will see whether this property, which belongs either to the Moniers, or the Mint, or the Bank, or to Thomas Finch , for the time, was not under his immediate and personal care and protection, that, I think, will be the great fact for you to attend to in the course of this business; for as to the circumstances of taking, the prisoner having, I think, manfully and properly stood forth in vindication of Dalton, and told the story that you have heard, there can rest no doubt at all as to his being the person; the whole will rest upon the circumstances under which he took it.

There have been objections made, which, I think, go rather to the form of the indictment than the circumstances which appear in this case; one question that has been made, is, that this property was not under the protection of the person, but under the protection of the house. Now, as to that objection, I think it is clear, from what appears in the course of Mr. Franklin's and Mr. Finch's story, that the money was delivered personally to Mr. Finch, and that he had it under his personal care and custody; and whether it was under the protection of the house or not, may be immaterial, it certainly does appear, at the time, to be under the personal care of Mr. Finch. Then the great objection, that it ought to have been stated whether this robbery was in the highway or dwelling-house, is an objection upon the face of the indictment itself; and, if there is any thing in that objection, I will hear the Counsel by and by, in arrest of judgment; but here you have only to apply the general fact upon this indictment: whether you think this property was under the personal care and protection of Mr. Finch from whom it was taken.(Here the learned Judge summed up the evidence).

Gentlemen. Really, after what has passed from the prisoner, it seems difficult to know what other observations to make; the prisoner is very far from denying it; he admits that he did come up to this Gentleman, who has, as it appears to me, the charge of this money, he had it under his protection; and he put Mr. Finch in fear, and took the money from him, in his presence, which the law calls a taking from him, in his presence, which the law calls a taking from his person. Under these circumstances, if you are satisfied, I think you must find the prisoner guilty; there does not seem to be a single observation that one can make, to lead you to doubt of the prisoner being the person.(The Jury found the prisoner guilty).(Mr. Gurney and Mr. Alley having re-argued the same points in arrest of judgment, the Court delivered their opinions as follow:)

Mr. Recorder. One question, I conceive, is already disposed of by the learned Judge; with regard to the protection of the house, the learned Judge has stated his opinion, that it was under the protection of the person; and the Jury have found the fact that it was so. This is an offence against the Act of William and Mary, and under that Act, it is not necessary to charge it to be in the dwelling-house, that has always been the construction. If the offence is not taking from a dwelling-house, it seems the grossest of all absurdities to state it to be in a

dwelling-house, when it is taking from the person, which is a different offence; and, although property may be in a house, I do not see but it may be under the protection of a person. I remember a case, where it was held by the Judges, that property taken from a woman was not under the protection of the house, because it was taken from her pocket; that proves, that a person, though in the house, may have the protection of property; however, that is not the case for our decision; the learned Judge has stated his opinion, that it was under the protection of the person; and it has been so found by the Jury. I am, therefore, of opinion, according to the usual construction of that Act of Parliament, that this indictment is sufficient.

Mr. Common Serjeant. If we attend, first to the definition, and then to the words of the Act, I can see no doubt at all. The definition of robbery, is a person robbing another of money or goods to any value, and putting them in fear. What does the Act say? All and every person or persons who shall rob any other person - the very offence is robbing another person: but then it is said, that it is necessary that the place should be stated, and the indictment is wrong if they do not state it. Now the second Act of King William says, any person committing a robbery in a field or open place, that extends it. So it seems that any felonious and violent taking is a robbery. Oh, but say they, it should have been stated to have been committed in a dwelling-house, and a case is quoted in 1760; but here is a case in which that point was fully settled and set at rest in 1705, at the Old Bailey: - "Two persons were indicted for a robbery near the highway, and taking 13l. of J.H.from his person-Special verdict that J.H. went to an alehouse in Smithfield, and there was set upon and robbed. All the Judges at Serjeant's-inn held, that though the indictment be special for a robbery near the highway, and this in a house is not so, yet as the statute 3 William III. takes away Clergy in all robberies, the prisoners should not have the Benefit of their Clergy." That is the determination of the twelve Judges; but that is not all. Another case came before them - "Several malefactors took a house, and sent for a tradesman there, under pretence of buying goods of him, and robbed him there, and it was held to be within this statute. The device of charging a robbery in a dwelling house to be near the highway, seems to confound distinct offences. The 3d William and Mary seems sufficient to have reached the cases without any device of that kind; for that statute is so generally worded, that it takes in all sorts of robbery, either in the highway, house, or elsewhere, the words are, every person that shall rob another person." And therefore, as to this form of indictment, I am perfectly satisfied it is the right and proper form, because it is according to the definition of robbery, taking by force and violence from the person.

Reference Number: s17990403-1

The SESSIONS being ended, the COURT proceeded to GIVE JUDGMENT as follows:

Received sentence of Death - 7.

Charles-Seymour Wilshire ,

Thomas Green ,

Samuel Wise ,

Joseph Sedgley ,

Susannah Priest ,

William Sparkes ,

Joseph Walker .

Transported for Seven years - 17.

George Hebden ,

Jacob Isaacs ,

John Williams ,

Thomas Connor ,

Richard Dutton ,

James Murray ,

William Kirk ,

William West ,

James Lucas ,

John Mackway , otherwise Mackvoy,

Jeremiah Vanderpump ,

Mary Thomas ,

Henry Hart ,

James Page ,

Mary Underhill ,

Elizabeth, otherwise Sarah Brown ,

Ann Clarke .

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

James Beningfield .

confined one year in Newgate, and find sureties for their good behaviour for two years more-5.

Eleanor Riley ,

Ann Hankin ,

Mary M'Laughlin ,

Louisa Jacobs ,

Nathan Aaron .

Confined six months in Newgate, and fined 1s. - 1.

John Doyle .

Publickly whipped, and confined six months in the House of Correction - 2.

Joseph Herrod . William Bushnell ,

Confined six months in the House of Correction, and fined 1s. - 2.

Sarah Beacham , John Brannon .

Confined three months in Newgate, and whipped in the jail - 1.

Richard Busted .

Confined three months in Newgate, and fined 1s. - 2.

William Howard , Catherine Hughes .

Confined one month in Newgate, and whipped in the jail - 2.

Edward Poole , John Coles .

Confined one month in Newgate, and fined 1s. - 2.

John Pilgrim , John Gabb .

Privately whipped and discharged - 2.

Ann Grocock , Catherine Squires .


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