Old Bailey Proceedings, 8th May 1799.
Reference Number: 17990508
Reference Number: f17990508-1

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 8th of May, 1799, and following Days, BEING THE FIFTH 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; Sir RICHARD PERRYN , Knight, one of the Barons of His Majesty's Court of Exchequer; Sir NASH GROSE , Knight, one of the Justices of His Majesty's Court of King's Bench; Sir JOHN WILLIAM ROSE , Knight, Serjeant at Law, Recorder of the said City; JOHN SILVESTER , Esq. Common-Serjeant at Law of the said City; and others, His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Gaol Delivery of NEWGATE, holden for the said City and County of MIDDLESEX.

London Jury.

Charles Harley ,

Henry Cabe ,

William Green ,

Thomas Ware ,

James Vaughan ,

Bassel Wright ,

William Fry ,

William Moffatt ,

Samuel Thorn ,

John Chambers ,

William Dighton ,

William Grove .

First Middlesex Jury.

William Fernel ,

Francis Henderson ,

James Young ,

Hale Miller ,

William Careless ,

Robert Thompson ,

William Scott ,

David Watson ,

Walter Derard ,

Cornelius Tongue ,

William Fetwell ,

Ralph Fowler .

Second Middlesex Jury.

John Nunn ,

James Newton ,

Thomas Neale ,

William Hill ,

Thomas Rawlins ,

William Longsdale ,

Thomas English ,

John Perigale ,

Follierd Clarke ,

Robert Goodman ,

James Gibbs ,

Joseph Smart .

Reference Number: t17990508-1

264. ANN JONES was indicted for feloniously stealing, on the 5th of September , a metal gilt watch, value 10s. and a silver seal, value 12d. the property of John Rollins .

ANN ROLLINS sworn. - I am the wife of John Rollins: On the 5th of September, I called at a neighbour's, Mrs. Robertson's, No. 20, Carlisle-street, Soho-square .

Q. What is your husband? - A. A coachman ; we have been separated three years; I left my watch in her apartment; the prisoner was her servant ; I took it out to look what it was o'clock; it was a metal gilt watch, with a silver seal; I left it on the sofa about eight o'clock in the evening; I was gone about three minutes; I applied to the prisoner at the bar; she said she had not seen it; in consequence of a letter I received on the 13th of April, I got the watch again from the prisoner; the officer has got it.

JAMES KENNEDY sworn. - I am an officer belonging to Marlborough-street: On the 13th of April I had a search-warrant for No. 15, Wood stock-street, St. George's, Hanover-square; I searched the prisoner, who was servant there; I desired her to shew me the keys of her box, which she did; I opened one of the boxes, and found this watch there; the prosecutrix was along with me; I asked her if that was her watch, and she said it was; she told me she had bought it of Mr. Draper, at the next door, and given him a guinea for it; then Mrs. Draper sent for him, and he delivered me the seal; he is here. (Produces the watch and seal).

WILLIAM DRAPER sworn. - I am a soldier in the 1st regiment of foot guards; I had this watch in exchange from a watchmaker of the name of John Taylor , May's-buildings; I had it from him about seven weeks ago: a little after that the prisoner came to live in the house where I lodged, No. 15, Southmolton-street, as a servant; I was pulling out my watch one day, and she said, that was a nice watch, that she had got one up stairs had been in the family twenty years, and she wished to change; she brought it down, and I changed with her; she gave me fifteen shillings and this watch for it, which I have in my pocket, (produces it); this is the watch I had from the prisoner.

Prosecutrix. The case of the watch last produced is mine, and the seal is mine.

Draper. I had the seal from the prisoner, with the watch.

Q. And are you sure you had that watch from the watch-maker? - A. I am.

Prisoner's defence. The watch that the prosecutrix has sworn to, I bought of William Draper .

NOT GUILTY .

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

Reference Number: t17990508-2

265. GEORGE MILLS , and ANN, wife of DANIEL MINES , were indicted, the first for breaking and entering the dwelling-house of William Goodliffe , no person being therein, about the hour of four in the afternoon of the 14th of March , and stealing a silver watch, value 3l. another silver watch, value 2l. the property of William Goodliffe ; and the other for receiving the same, knowing them to have been stolen .

WILLIAM GOODLIFFE sworn. - I keep a house in Bluecoat-fields, St. George's parish ; my family consists of my wife, my daughter, and myself: On the 14th of March, I lost two watches; the back room window was broke open, two panes of glass had been broke, and the sash lifted up; I was not at home, I left my daughter at home; I came home about seven o'clock, and missed my watches; I had seen them about ten minutes before I went out; I afterwards found them, one at Mr. Windsor's, and one at Mr. Matthews's, pawnbrokers. I gave information at the Shadwell Police-office, and they told me to go to all the different pawnbrokers: the prisoner, Mills, had been in my house at one o'clock; he said, there was a double press-gang after him, and begged I would let him stop for a few minutes; I said, I did not see any press-gang; he said, they were just gone into the Angel; he then came just inside the door, and sat down in a chair; I was not seven yards from him all the time; one of the watches hung-over the fire-place, and the other at my bed's head; it is a very small house, there is only one floor; I did not see the watches after he was gone; he said, he belonged to a ship at Deptford; he said, her name was the Flora; I was going out with a horse and cart, and I took him into the cart and hid him in the bottom as far as St. George's turnpike, and then I directed him the best way to escape the pressgangs.

MARY GOODLIFFE sworn. - I am the daughter of the prosecutor; the prisoner, Mills, came to my father's house on the 14th of March, between nine and ten o'clock; he enquired for John Jackson ; I told him there was no such person lived there, and he went away, and came again between one and two, and he went away with my father;

he came back again about half an hour after he went away with my father; he said my father sent him to make the best of his way there, for he had seen the press-gang; I said, are you sure my father said so; he said, yes, indeed he said so; he staid about half an hour; he went to the corner-cupboard, took down a sugar-bason, and asked me if that was silver.

Q. Was there any body else in the house at that time? - A. Nobody but me; he took down a gun, and asked if my father was a game-keeper; I said, yes; he staid till half past three o'clock; I sat down by the fire, and I heard a noise in the stable, where he was breaking the wall to come to the bed's-head; I then went out, and looked round, and asked him what he was doing there; and he said, he saw the press-gang in the Rope-walk, and he was run there to hide himself; I said, I see no press-gang about, you must be mistaken; I then went away, and locked the stable-door; I came in and locked the door, and presently I heard a noise of breaking in backwards; I locked the door, and ran over to Mr. Staines's, and there was nobody at home, and I came back again, and went round the side of the house, and he was running out of the yard as fast as he could run, with both his hands in his jacket-pockets; I then unlocked the door, and went in, and the watches were gone; I went out backwards, and there were two panes of glass broke, and the button which fastened the window broke off.

ROBERT BROWN sworn. - I received information that the prosecutor had had his house broke open, and on the 18th of April I apprehended the prisoner, Mills, in the house of Bevan who was examined yesterday at Ratcliffe; I brought him to the Public-office, Shadwell, and sent for Mr. Goodliffe and his daughter, they both came, and said he was the lad that had broke into the house, he has a particular mark on his hand.

JOSEPH HAYNES sworn. - I belong to the Public-office, Shadwell: I know no more than Brown has related to you.

WILLIAM MATTHEWS sworn. - I produce a watch, which I had from a woman, but not the prisoner at the bar.

JAMES THORNE sworn. - I am a pawnbroker: I took in a silver watch on the 14th of March, about half past seven in the evening; I have every reason to think it was the prisoner, Mines, that brought it, but cannot be positive.

Goodliffe. I know this watch to be mine by the minute hand.

Mills's defence. I was taken up the same night, and the man said I was not the lad; and then I got a month's advanced wages, and went to sea, and was cast away going upon the Flats; I then came home, and they took me up again.

The prisoner, Mines, was not put upon her defence.

Mills, GUILTY Death . (Aged 12.)

Mines, NOT GUILTY .

The prisoner, Mills, was recommended to his Majesty's mercy on account of his youth .

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

Reference Number: t17990508-3

266. WILLIAM HODGES was indicted for feloniously stealing, on the 16th of April , a paper box, value 6d. two silk spencers, value 40s. a net handkerchief, value 12d. a muslin handkerchief, value 3s. four Norwich shawls, value 25s. four black silk handkerchiefs, value 16s. a half black silk handkerchief, value 2s. twenty-six coloured silk handkerchiefs, value 7l. 10s. and eight half coloured silk handkerchiefs, value 29s. the property of John Wright , in his dwelling-house .

JANE WRIGHT sworn. - I am the wife of John Wright , who keeps a house in Southampton-street, Covent-garden , it is a dress warehouse, and haberdashery and millinery : On Tuesday the 16th of April, I saw the prisoner at the shop-door, between eight and nine o'clock in the morning, he had a box in his hand; I was in the parlour behind the shop, there was nobody in the shop, the servant came up with the breakfast-things, and said, ma'am, there is a man in the shop; she put down the tea-tray, and immediately ran out, and cried, stop thief; upon that, I went out and cired likewise; the prisoner at the bar had the box in his hand, walking up Maiden-lane, rather with a quick pace; I cried out - that man with the box; - upon which, the neighbourhood was alarmed, and he was stopped in Maiden-lane, by Mr. Stokes; he had endeavoured to turn down a narrow court, on the left-hand, in Maiden-lane; in turning that corner, I lost sight of him about half a minute, and when I came up, Stokes had hold of him, and I saw the box stand close at his feet; I took it up, it was my box; I sent the box to Bow-street with the prisoner, (they were produced); these are my husband's goods; I saw them the night before, when they were folded up and put in the box.

Q. What are those spencers worth? - A. Forty shillings.

Q. What is the value of the contents of that box? - A. Above seven pounds.

SARAH PEARSON sworn. - I am an apprentice of Mrs. Wright's: On the 16th of April, between eight and nine o'clock, I saw the prisoner in the shop with this box under his arm; I am sure the prisoner is the person; I saw him go out of the shop, and I ran after him, and my mistress ran out too; I saw Mr. Stokes stop him.

JOHN STOKES sworn. - I live at Mr. Clarke's,

an accoutrement-maker, in Maiden-lane: On the 16th of April, I had been out; on my way home I heard the cry of stop thief; I saw the prisoner with a box in his hand, and I caught hold of him at the corner of Bullen-court, and he strove to get from me: then he forced himself into the court, I caught a second hold of him, and he said I hurt him; he thought I was going to strike him, and he dropped the box between him and me; I wrote my name on the box, and it was taken to Bow-street.

EDWARD TREADWAY sworn. - I took charge of the box; I have had it ever since.

Prisoner's defence. I leave myself to the mercy of the Court.

The Prisoner called two witnesses to his character, one of whom was guilty of so much equivocation that he received a severe reprimand from the Court.

GUILTY Death . (Aged 17.)

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

Reference Number: t17990508-4

267. AARON BARNET and ASHER BARNET were indicted for feloniously stealing, on the 9th of April , eleven pounds weight of old iron screws, value 18d. the property of John Revel .

JOHN REVEL sworn. - I did not see the prisoners take the iron, I saw them throw some iron out of their aprons, which was my property; there are eleven pounds of iron screws. (Produces them).

Q. Can you swear, by any marks, that they are your's? - A. I cannot.

THOMAS PIPER sworn. - As I was going by Mr. Revel's, with a basket of bread, I saw the prisoners; I heard them say, one to the other, they are both up stairs; I went across the way to a chandler's shop, and saw the little one take something out of Mr. Revel's window, and put into the big one's apron; I went and stopped them.

MICHAEL JENKINS sworn. - I saw the little boys and the baker going after them; I went behind them; they threw down the iron in the street; Asher, the little one, said, we are fatherless and motherless: my mother is in Bedlam, and my father is a soldier abroad; we took it for a bit of bread, we are starving alive, and lying in stables, and in the streets.

Aaron Barnet 's defence. I was starving alive.

Both NOT GUILTY .

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

Reference Number: t17990508-5

268. JOSEPH WILD was indicted for feloniously stealing, on the 7th of May , a pewter pint pot, value 13d. the property of Joseph Dowding .

JOSEPH DOWDING sworn. - I keep a public-house in High-street Mary-le-bonne : On the 7th of May, I lost a pint pot; I heard a bustle in the street, and I went out; I was told it was a pot-stealer, the people said he was gone into a house; a constable was fetched, and we went into the room, and found the pot standing down by him; the constable took him into custody.

ELIZABETH DIGNUM sworn. - I live in Palace row, the top of High-street: On Tuesday morning, about half past eight o'clock, I was sitting up in bed, and the prisoner ran into my room, I was very much alarmed; he said he had got a wife and children, and he had taken two or three pots, and begged I would let him put them down in my room; I told him he should not, and I screamed, and the children screamed; he took out from under his coat four pints and one quart, and set them down in the room; my little boy opened the door, and the constable came in and took him and the pots. (The constable produced them).

Dowding. This pint pot is mine.

Prisoner's defence. I leave myself to the mercy of the Court. GUILTY .

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

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

Reference Number: t17990508-6

269. SUSANNAH BROOKES was indicted for feloniously stealing, on the 19th of January , a quilt, value 6s. a blanket, value 6s. a pair of sheets, value 16s. a feather bolster, value 7s. a feather pillow, value 3s. a copper tea-kettle, value 7s. a copper coffee-pot, value 3s. and two yards of calico, value 2s. the property of John May , in a lodging-room .

- MAY sworn. - I am the wife of John May , I live in York-street , I keep a lodging-house: The prisoner took a lodging up one pair of stairs at three shillings and sixpence a week, she continued so two months and two days; I lost the things mentioned in the indictment; she came on the 17th of November and left it on the 19th of January, and she never paid me any rent; she took the room of me as for her husband and herself, a man of the name of Grimshaw, he had possession of the room five days after she was gone, and on the 24th Grimshaw put the key into the door and immediately went off; I went into the room and missed the things. The prisoner was tried here last sessions but one for stripping a room, on the London side, and was acquitted.

JOSEPH GRIMSHAW sworn. - I belong to the light-infantry of the first regiment.

Q. Is the prisoner your wife? - A. No; she has a husband of her own, a soldier; I have been in his company, his name is Brookes; I was in the room when she went away, I did not see her take

any thing away; she gave me the key, and desired me to take care of it till she came again; she said she would not be long, but she did not come back again.

Q. Do you know whether she took any of these things out? - A. I do not know of her taking any thing away.

Q. Did you take any thing out? - A. No.

Prisoner's defence. When I left the room, every thing was there. NOT GUILTY .

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

Reference Number: t17990508-7

270. FRANCIS PAYNE was indicted for feloniously stealing, on the 10th of April , three pounds of tallow candles, value 2s. the property of Lawrence Maguire .

LAWRENCE MAGUIRE sworn. - I keep a chandler's-shop : On Wednesday, the 10th of April, between nine and ten o'clock in the evening, I was in a small room adjoining the shop, and I saw a man's and moving some candles; I told my wife there was a man in the shop; before I reached the street door, I heard a voice, crying, I have got him, I have got him; I then saw him in custody of the constable of the night, and the candles were lying in the street, under his feet; they were picked up, and brought into my shop; there were twelve quarter-of-a-pound candles, they had been hanging upon hooks for shew in the window.

JOHN DUNCOMB sworn. - I am one of the special constables of St. Andrew's: On Wednesday evening, about ten, I was going down Baldwin's-gardens, and a short, deformed woman, said, look at that man stealing the candles; accordingly, I saw the prisoner between the shop door and the passage take this broach with the candles upon it from off the hooks, when he was just turning to come out, I caught him by the collar; he then dropped part of them; I have had them ever since; I took the prisoner to the office, in Hatton-garden, and left him in care of Longden.(Mary Hickes was called upon her recogniznce).

Prisoner's defence. I went into the shop for a pound of candles, and before I got into the shop I heard something sall, and this man came and laid hold of me; I did not know they were candles till the next day. GUILTY (Aged 24.)

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

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

Reference Number: t17990508-8

271. THOMAS MADDE was indicted for breaking and entering the dwelling-house of John Slaymaker , between the hours of eight and nine in the night of the 29th of April , and stealing four wooden broaches, value 4d. and eight pounds of candles, value 5s. the property of the said John .

JOHN SLAYMAKER sworn. - I am a tallowchandler , I keep a house in Red-cross street : On Monday, the 29th of April, about half past eight in the evening, I went to the door, and saw the flap of the cellar open; the flap is on the pavement, and a window shuts over it, that was open 10c.

Q. This cellar is part of your house, I suppose? - A. It is under the house; I was going to shut the flap down, when I perceived something move at the bottom of the cellar stairs; when I stepped down stairs, the prisoner turned round, and said, Michael; I laid hold of the prisoner, he had some broaches of candles in his hand; I brought him into the shop, and while I went to fasten the flap, he attempted to make his escape; I missed five pounds out of the place, and there were three pounds lying at the bottom of the stairs, which I saw the prisoner throw down with the broaches.

Q. Was day-light one? - A. It was dusk.

Q. Could you discern a person's face or buttons? - A. Yes; when he turned round, and said, Michael, I saw it was a man; when I brought him into the shop, he said, he would pay me for all I had lost, as well as the damaged ones, if I would not send him to prison.

Q. Had you made him any promise of favour or threat? - A. No, I had not.

THOMAS VANDEMAN sworn. - I am journeyman to Mr. Slaymaker, I was in the cellar about eight o'clock, the candles were there then, and no empty broaches there; I put the flap down.

Q. Did you shut the window? - A. No.

Q. Could he not then have got into the cellar that way? - A. No, not without opening the flap.

Q. Was the flap broke at all? - A. No, only he had took it up, and set it on one side; when the prisoner was taken, I went into the cellar, and missed the candles off three broaches; there was one broach at the bottom of the stairs, with the candles on.

GEORGE BROOKES sworn. - I am an officer, I took charge of the prisoner and the candles,(they are produced); I have had them ever since.

Prisoner's defence. I was very much in liquor; a man pushed me down into the cellar, and, in falling, I knocked the candles down.

GUILTY (Aged 17.)

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

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17990508-9

272. RICHARD CADMAN was indicted

for feloniously stealing, on the 21st of April , forty pounds weight of lead, value 3s. 4d. the property of Richard Rutter , fixed to a certain building used with, and belonging to his dwelling-house .

BENJAMIN RUTTER sworn. - I live at No. 46, Newtoner's-lane, Drury-lane ; I have two houses, and this lead was taken from the two privies, they joined each other; I was very ill in bed at the time; it was on Sunday morning, the 21st of April; the prisoner was stopped by the watchman, and another person, who was a lodger of mine, with the lead; I saw it there with the prisoner on Sunday evening, at the watch-house; I weighed it, there were forty pounds of it.

HUGH GARRET sworn. - I lodge at Mr. Rutter's: Between one and two o'clock, on the 21st of April, in the morning, I heard a noise; I got up, and saw the prisoner taking the lead off the privies; and then I saw him put it upon his arm; it was not very dark; I followed him close through Cross-lane into Parker's-street, where the watchman's box stood; I called to the watchman, and then he crossed into King-street; I told the watchman to take that man into custody; the watchman came up, and took him into his charge, and he was carried to the watch-house with the lead; he had it on his arm when we took him; then he threw it down, and I took it to the watch-house.

ROBERT HUNGERFORD sworn. - I am a watchman; (produces the lead); I took the prisoner with this lead on his arm; I took possession of it at the watch-house, and have had it ever since.

Rutter. This lead came off my premises.

Prisoner's defence. I picked it up in the street.

GUILTY (Aged 52.)

Transported for seven years .

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

Reference Number: t17990508-10

273. SARAH MANN was indicted for feloniously stealing, on the 12th of April , two shirts, value 14s. the property of James Macartney .

JAMES MACARTNEY sworn. - On the 12th of April, I lost two shirts; I live in Jews-row, Chelsea ; the prisoner was seen coming out of the house with the shirts, and she sold one of them to a person that is here in Turks-row, Chelsea, her name is Dorman; my wife was washing for the landlord of the house, and these shirts belonged to him; she had the care of them.

JANE MACARTNEY sworn. - I am wife to the last witness; I lost two shirts; one of them was sold to Ann Stormont .

ANN STORMONT sworn. - (Produces a shirt). I bought this shirt of the prisoner for 2s. 6d. I keep a clothes-shop; she said it belonged to a young man that was in distress; the next morning this woman came and claimed it.(It was deposed to by the last witness).

GUILTY (Aged 28.)

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

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

Reference Number: t17990508-11

274. THOMAS HAYLEY was indicted for feloniously stealing, on the 6th of April , two pieces of painted floor-cloth, value 8l. the goods of Christopher-James Hayes , and Christopher-Daniel Hayes .

(The case was opened by Mr. Knowlys).

THOMAS OSBORN sworn. - Examined by Mr. Knowlys. I am a tripe-man in Mile-end-road ; the prisoner at the bar came to my house upon the 6th of April, about three or four o'clock in the afternoon; he asked me to let him leave two floor-cloths in my shop; I told him I had not room enough for them; he informed me he had brought them all the way from Oxford-street, and that he had either lost or forgot the directions where they were to be carried; I then told him to carry them into the back yard, which he did; he said he would call in about two hours, as soon as he could go to Oxford-street and back again, but he did not return at all; I enquired of several neighbours; at last, from the information I had received, I went to Mr. Hayes's, in Fenchurch-street, and on the Saturday following, I went to Mr. Hayes's manufactory, at Hackney; I had told Mr. Hayes what had happened before that. When I got to Hackney, the prisoner came up to the pay-table with the other men; Mr. Hayes asked me if I knew which was the man; I told him, yes, and Mr. Hayes called him; I asked him if he recollected me; he said, no; I asked him if he knew the tripe-shop in Mileend-road, and why he did not come and fetch the floor cloth away which he had left there; then he said he recollected me very well, and that he had taken them form his master, and never intended to fetch them away, that he was ashamed to come for them.

Cross-examined by Mr. Alley. Q. Are you a house-keeper? - A. Yes.

Q. It was day-light, and consequently there was nothing at all suspicious in his conduct? - A. Nothing at all.

Q. I take it for granted if he had called again, you would have given him the floor-cloths? - A. I certainly should.

Q. Did you know the prisoner before? - A. No, I never saw him before in my life.

Q. He wanted the floor-cloths to be put in a place where they would be exposed to the view of

every body; but you had not room for them there? - A. Yes.

Q. However, when you came to the pay-table, you saw him sitting among the other men, he recollected you, and said, he was ashamed to come to you? - A. Yes.

Q. Of course, if he had come on the same day, or on the Monday, you would have given him the floor-cloth? - A. Yes.

Q. He did not offer to sell it to you? - A. No.

Mr. Knowlys. Q. Was there any thing in his behaviour to induce you to think that he was out of his senses? - A. Not the least in the world.

CHRISTOPHER-DANIEL HAYES sworn. - Examined by Mr. Knowlys. Q. What is the firm of your house? - A. Christopher-James Hayes, and Christopher-Daniel Hayes.

Q. Look at that floor-cloth; was that manufactured by yourselves? - A. Yes, it was.

Q. Is there any thing particular about it? - A. Yes; in one corner of it there is my own name stamped; and, upon the other corner, in my own hand-writing, is the words "Spence, sold to Spence, of Walthamstow;" it was intended for him. but never delivered.

Court. Q. Was it paid for? - A. No; it would have been his property when delivered.

Mr. Knowlys. Q. Was the prisoner in your employ upon the 6th of April? - A. He was.

Q. He had access to those places where these cloths were deposited, and might have stole them if he chose? - A. Yes.

Q. What is the value of it? - A. Eight or nine pounds.

Court. Q. What was he in your service? - A. A grinder of colours.

Mr. Knowlys. Q. Had you ever any reason to suppose he was deranged in his intellects? - A. No.

Mr. Alley. Q. Did you never observe any sort of frantickness or odd conduct about him? - A. No, only when he got drunk.

Q. Was this floor-cloth taken from the warehouse in Fenchurch-street, or from the warehouse at Hackney? - A. From the warehouse at Hackney.

Prisoner's defence. I know nothing about it, my Lord.

For the Prisoner.

MICHAEL DILLON sworn. - Examined by Mr. Alley. I have know the prisoner for fourteen years past.

Q. Now, during these fourteen years past, or the last three or four of them, tell the Jury what state of mind he was in? - A. He has not been so exactly steady for these two years back as formerly he was.

Q. Now, with respect to his character, what of that? - A. I always knew him to be an industrious man.

Mr. Knowlys. Q. You have not been so intimate with him lately as formerly? - A. No.

Q. What do you mean by his not being so steady in his mind? - A. He would fly from one argument to another.

Q. Did he know the difference between right and wrong? - A. I cannot tell that.

Q. Do you not think he knew it was a bad thing to steal? - A. Yes; but if he had been as formerly, he would not have done it.

MICHAEL NEALE sworn. - Examined by Mr. Alley. I am a tailor; I have known the prisoner three or four years; I live in the same house with him.

Q. How was he in his mind? - A. He has not been rightly in his mind lately; he has always bore a good character.

Mr. Knowlys. Q. What do you mean by his not being rightly in his mind - did he follow any business? - A. Yes.

Q. Was he turned off for being out of his mind? - A. No.

Q. Did the people in the neighbourhood think him to be a madman? - A. They did not trust him.

Q. Do you believe he did not know the difference between honesty and dishouesty? - A. I dare say

GUILTY (Aged 40.)

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

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

Reference Number: t17990508-12

275. BENJAMIN WATSON and HORATIO PARKINS were indicted for feloniously making an assault upon Samuel Elias , in a certain dwelling-house, upon the 29th of March , putting him in fear, and taking from him a basket, value 1d. five dozen of wine-glasses, value 5s. four pair of glass decanters, value 5s. and other articles of glass, the goods of the said Samuel .

The prosecutor not appearing, the prisoners were ACQUITTED .

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

Reference Number: t17990508-13

276. MATTHEW STINSON was indicted for feloniously making an assault on the King's highway, on the 20th of April , upon John Field , putting him in fear, and taking from his person a leather pocket-book, value 6d. a piece of gold coin, called an half-guinea, four pieces of silver coin, called shillings, and a Bank-note, value 2l. the property of the said John .

JOHN FIELD sworn. - Court. Q. Were you at any time in April last robbed of your property? -

A. Yes, on the 20th of April last, in a place called Burrow-lane, in the parish of Hendon , between five and six in the evening; I was travelling in a single-horse chaise down this lane into the Edgware-road, and when I got about the middle of the lane, I saw Matthew Stinson , the prisoner at the bar, sitting on a horse; I am positive he is the man; the horse was standing across the road; when I got near him, he passed me, and looking round me, I saw him put a handkerchief over his face; he soon overtook me, and presented a pistol, and desired me to stop, or he would shoot me; I stopped, and he said he had a wife and two children in much distress, and he swore by G-d he would shoot me if I did not immediately deliver my money; I gave him half-a-guinea and some silver; he said, that was not all; I said, it was; then he wanted my pocket-book, and at last I delivered him my pocket-book; there was a 2l. Banknote and some other papers in it; he then asked me for my watch; I told him I had no watch, that this was all the property I had; he then turned his horse and went away; I made an alarm, and he was taken within half an hour after and brought to the White-bear, Hendon; I am certain he is the man, I am positive of it; he returned me the Bank-note, and he pulled two half-guineas out of his pocket, and said, that is the half-guinea I took from you; I said, the silver you may keep.

Cross-examined by Mr. Knowlys. Q. At the time he committed this act, he stated, that it was his wife and two children's distress that drove him to it? - A. Yes, he did.

Court. Q. There is no occasion for any more witnesses.

Mr. Knowlys. I will just call one or two witnesses to his character.

For the Prisoner.

JOHN HUDSON sworn. - Examined by Mr. Knowlys. I live in Fetter-lane, I am a pewterer; I have known this man from his infancy, and I believe him to have been in distress.

Q. During the time he was in this distress, what character has he borne? - A. A very honest character.

Q. Is it true he was out of employment when he was taken up, and that he had a wife and two children? - A. I believe he was.

JOHN WHITE sworn. - Examined by Mr. Knowlys. I am a victualler; I have known this unfortunate man seven years; he has always borne a good character.

Q. Do you know, whether, at the time he was taken up, he was in great distress? - A. I know it, for he lodged with me, and he had been ill for two months. GUILTY Death .

The Jury recommended him to mercy, upon account of his being in distress, and the good character given him, and the prosecutor wished to join in that recommendation .

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

Reference Number: t17990508-14

277. JOHN BEVAN and RICHARD MILLS were indicted for feloniously making an assault on the King's highway upon Henry Kemp , on the 2d of April , putting him in fear, and taking from his person eight pieces of money, called penny pieces, and twenty halfpence, the property of the said Henry .

HENRY KEMP sworn. - Upon the 2d of April, Martha Jones and I were coming from Limehouse to Stepney on foot, between the hours of nine and ten in the evening; I delivered my watch to Martha Jones for safety; Mills came up first to me, and the other man jumped over the hedge directly afterwards; Mills asked me for my money; he made use of bad language, and he had a stick.

Court. Q. Did you deliver him any money? - A. He picked my pocket of the halfpence and the penny pieces to the amount nearly of two shillingsworth: the other man took Martha Jones from my arm a distance from me.

MARTHA JONES sworn. - Court. Q. Were you in company with the last witness upon the 2d of April? - A. Yes, we were coming from Lime-house, and we saw two footpads; the big one came up to me, and hit me a blow over the arm.

Q. Did you see the other prisoner rob the last witness? - A. Yes; he took a great quantity of penny pieces and halfpence from him.

Q. Had he delivered to you for safe custody any thing? - A. Yes, a watch; the other man took me aside.

GABRIEL HERRING sworn. - I am one of the headboroughs belonging to the hamlet of Ratcliff; my duty is to be at the watch-house every night; and, in consequence of information being given of a robbery having been committed, I went with the watchmen, and, about 150 yards from where the robbery had been committed, I met with these two men, and took them into custody; when I got them to the watch-house, I searched them, and I found upon each of them some penny pieces and some halfpence; and, finding nothing else that any body could swear to, I permitted them to go away.

Court. Q. There is another indictment against them for taking a watch? - A. I did not find that; the greatest part were penny pieces; I heard no more of them till I was sent for to the Police-office to come forward.

ROBERT BROWN sworn. - I am one of the Police officers; I apprehended Mills on the 17th of April; on the 18th I apprehended Bevan; I

was in company with Haynes; we searched them, but we did not find any of the property.

JOSEPH HAYNES sworn. - I am a Police-officer; I apprehended the prisoners in company with Brown.

Mills's defence. This day week we were at a public-house opposite Shadwell Police-office, in company with two other men, and that man came in and said, neither of us were the persons; he went out and returned again, and asked the officers which two men he was to swear to; first they said it was the 4th of April, then they said it was the 2d.

One witness was called to Mills's character.

Bevan's defence. I have sent for a couple of gentlemen who are not here. This gentleman and lady came, and said, we were not the men; Mr. Haynes, and the other gentleman, said, they might rely upon it we were the men, and the young woman asked whom she was to swear to, and the officer said, to these two.

Bevan, GUILTY Death . (Aged 40.)

Mills, GUILTY Death. (Aged 19.)

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

Reference Number: t17990508-15

278. JOHN VICKERS was indicted for feloniously stealing, on the 2d of May , one ewe sheep, value 25s. the property of Jonathan Passingham .

(The case was opened by Mr. Raine.)

WILLIAM DITCHUM sworn. - Examined by Mr. Raine. I am shepherd to Mr. Passingham; I went into the field about half after five o'clock in the morning, on the 2d day of May, and I found there had been something the matter among the sheep, and I searched the field, and I found a sheep's entrails and feet cut off: I informed my master, and procured a constable, and went to the prisoner's house that morning about twelve o'clock; it is in the parish of Helton, and about half a mile from the prosecutor's; there we found the sheep slaughtered, in his apartments up one pair of stairs, with a sack covered over it; my master's mark was upon the sheep; it had it's coat on.

Court. Q. What mark? - A. It was a mark of red across the shoulders, about as wide as my hand, a single one.

Mr. Raine. Q. Did you try the feet? - A. Yes, and they tallied with the legs of the sheep exactly; then we went in search of the prisoner, and apprehended him; we found nothing upon him but a knife.

JONATHAN PASSINGHAM sworn. - I live at Heston; I went to the apartments of the prisoner at the bar, and I found my sheep covered over with a sack; I observed the last witness try the feet with the legs of the sheep, and they tallied; I saw him afterwards coming from plough on a horse, and I desired him to get off.

Prisoner's defence. I know nothing of it, I was at home and a-bed by a quarter after eight o'clock, and at work again about half after four the next morning. GUILTY Death . (Aged 21.)

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

Reference Number: t17990508-16

279. JOHN SMITH was indicted for feloniously stealing, on the 16th of April , thirty-six yards of carpeting, value 4l. 10s. the property of George Adams , privately in his shop .

GEORGE BENNETT sworn. - As I was passing by Mr. Adams's, on Tuesday, the 16th of April, I perceived a person in the shop take a roll of carpeting up in his arms, and carry it from the shop to a post not far from the house, for the purpose of putting it on his shoulder; I suspected that he had not been sent out with the carpet; I went and gave the alarm; I am sure the prisoner is the same man; he was secured by one of Mr. Adams's journeymen; what was done with the property I do not know.

RICHARD NIBLEY sworn. - I am a constable; I was sent for to take the prisoner on the 16th of April; the property was delivered to me that night, but I don't know by whom.

Q. Have you kept the property from that time? - A. No, I have not; I had it one night in my possession, and then I returned it to Rose Taylor, Mr. Adams's young man.

Q. Are you sure that is the property? - A. Yes; I put an R on it with ink.

ROSE TAYLOR sworn. - I am journeyman to Mr. Adams; I was desired to take this man; I saw the property in the street; I took the prisoner about two hundred yards from the shop; the carpeting was carried about one hundred yards from the shop, and the prisoner about fifty or sixty yards further; it was standing up under a window.

Q. Is this the same carpeting? - A. Yes, I brought back the carpeting, it is here.

Q. Did you deliver that carpet that night to the constable? - A. Yes; it is the same carpeting that was brought back the next morning; I know it by the ticket that is upon it.

Q. How long before the robbery did you see the carpeting? - A. The same forenoon, it stood on a board in the front of the shop.

GEORGE ADAMS sworn. - I know the carpeting to be mine; the ticket upon it is my own writing.

Q. When had you seen it before? - A. I think I had seen it about an hour before.

GUILTY. (Aged 18.)

Of stealing, but not privately in the shop .

Confined six months in Newgate , and publicly whipped .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17990508-17

280. WILLIAM RAYNER was indicted for feloniously stealing, on the 1st of March , a handkerchief, value 1s. the property of Philip Crow .

CHARLES JOHNSON sworn. - I know Philip Crow , I met with him by accident; he is gone on board the Britannia East-Indiaman to the East-Indies; I saw Mr. Crow robbed of a handkerchief by the prisoner at the bar; I saw it taken out of his pocket on a Friday, in Guildhall , opposite the clock; it was at the time of the lottery, between one and two o'clock; Dean, the officer, stood behind him, and he asked me if I saw the prisoner pick the gentleman's pocket; the prisoner threw the handkerchief down; the officer came under the bar, and laid hold of the prisoner, and took him to the office.

JAMES DEAN sworn. - I attend the Magistrates' room in Guildhall; I was in the inner hall on the 1st of March; I was informed there was pocket-picking in the hall; I went in, and I was informed the prisoner at the bar had picked Mr. Crow's pocket of a handkerchief; I laid hold of him, and between his feet I found this pocket-handkerchief on the ground, (producing it); I have kept it ever since.

JAMES HALL sworn. - I took the prisoner into custody, and searched him; I found in his hat six old handkerchiefs, and three old pocket-books in his pocket, for which he was tried last sessions and acquitted.

Jury. (To Johnson). Q. Can you swear that is the same handkerchief? - A. Yes.

Q. Has it any mark on it? - A. No.

Prisoner's defence. My Lord, a man picked up the handkerchief near me, and said, it was me, but I know nothing about it, I get my living honestly.

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

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17990508-18

281. EDWARD WILSON was indicted for feloniously stealing, on the 15th of April , a piece of linen cloth, fifty-three yards, value 3l. the property of William Swann , John Swann , and James Swann , privately in their shop .

WILLIAM SWANN sworn. - I am a cotton-manufacturer , in partnership with James and John Swann : On the 15th of April we were robbed; I know nothing of the prisoner.

WILLIAM LOVE sworn. - I am apprentice to Thomas Wilkinson, box-maker: On Monday, the 15th of April, between the hours of one and two o'clock in the afternoon, I saw the prisoner go into Mr. Swann's warehouse, it is opposite to our house, and I saw him come out with a piece of sheeting under his arm; as soon as I saw him, I told my master, and he ran after him into King-street, and there I saw him taken; I am sure he is the same man; he is dressed in the same manner that he was then; when I saw him taken, he had not the goods upon him; the goods were brought back with the man in about two or three minutes.

THOMAS WILKINSON sworn. - I am a box-maker; in consequence of information from the last witness, I ran out; I saw the prisoner at the bar with a piece of sheeting in his hands, about forty yards from Mr. Swann's, running from his house; I saw him throw the property down; I brought him back, and delivered him to the care of Mr. Swann; the linen was given into the custody of Fenner, a constable.

JOHN FENNER sworn. - I am an officer of Cheap Ward; I had charge of the prisoner, and I have had the piece of cloth in my possession ever since; it was delivered to me by Mr. Swann.(The piece produced).

Mr. Swann. This is my property; it was delivered to me by my warehouseman; I know it by the warehouse mark, and a private mark of our own; I had seen it not five minutes before I was informed it was stolen.

ROBERT HART sworn. - I am warehouseman to William Swann and Company; I picked the piece of sheeting up the corner of Trump-street; I went out upon the alarm being given; I saw the piece lie; I picked it up; I am certain it is the same piece, I delivered it to Mr. Swann.

Prisoner's defence. I have nothing to say, I throw myself entirely upon the mercy of the Court; I have been in his Majesty's service all the war; I have been home about a month, in consequence of a wound in my leg.

GUILTY. (Aged 26.)

Of stealing, but not privately .

Confined six months in Newgate , publicly whipped and discharged.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17990508-19

282. JOHN MILLER was indicted for feloniously stealing, on the 1st of May , a cheese, value 6s. the property of Benjamin Wood the elder , John Fossick , and Benjamin Wood the younger .

MATTHEW HAMMOND sworn. - I went to Winkworth's wharf for a load of cheese for my masters, Messrs. Benjamin Wood, John Fossick, and Benjamin Wood, cheesemonger s, in Bishopsgate-street: Between three and four o'clock, as I was coming home, between Queenhithe and Queen-street , as I was passing on, some person called out to me, mind your cheese, carman; I went to stop my horse, and looking behind the

cart, I saw a soldier with a cheese; I left my cart and took him by the collar, and took the cheese from him; I called out for assistance, but no person came, and I put the cheese into the cart; I missed another cheese from the cart, and a person told me he saw a soldier run down a passage with a cheese; when I came home I was one cheese short of my number; just afterwards, a person of the name of William Cole , brought a cheese, and the soldier, to our house, about a quarter of an hour afterwards; I saw the cheese, and knew it to be our cheese by the mark.

WILLIAM COLE sworn. - I saw the prisoner with the cheese: I saw him run along Shepherd's-alley; going by the warehouse-door he dropped the cheese, and directly afterwards he took it up, and hid it in a heap of manure close by; afterwards I took an opportunity of looking after him, but another person saw him, and took the cheese out of the manure, and gave it to me, and I pursued him; about five minutes afterwards the prisoner went to the place to look for the cheese, and not finding it, he ran away; I ran after him, and collared him, but he resisted, and said he would not be taken; I charged a person to aid and assist me in taking him back to the warehouse where I had left the cheese; he asked me if I thought he looked like a thief; he said he had a watch in his pocket, and plenty of money, and did not look like a thief; he said I might take his watch and his money if I would let him go, he had a wife and two young children, and his wife was ready to lie-in; some person called out, at the same time, and said, Mr. Wood's cart was robbed of two cheeses; I told him I should be glad if he would go with me to Mr. Wood's; we went to Mr. Wood's, and Mr. Wood owned the cheese, and described the mark before I shewed it him.

Prisoner's defence. I know nothing of it; it is the first thing I ever was taken up upon.

GUILTY (Aged 23.)

Transported for seven years .

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

Reference Number: t17990508-20

283. THOMAS BOYLE was indicted for feloniously stealing, on the 7th of April , twenty-six pounds weight of iron bars, value 4s. the property of Robert Cheesely .

(The case was opened by Mr. Knowlys.)

ROBERT CHEESELY sworn. - I keep a manufactory for agricultural machines , in Margaret-street, Cavendish-square , my father's name is John Yowle : I know the prisoner at the bar, he had been in my service two years, I believe; he had quitted my service within about a month of this, perhaps; I had got my father and mother-in-law supping with me, between eleven and twelve o'clock on Sunday night; one door of my house comes into the manufactory, and the other comes into the street; I attended my company to the door about half past eleven, on the Sunday night the 7th of April; my dog took to the centre of the yard, and made a very uncommon noise; I went there and watched, I could see nobody, the candle would not keep a-light; I watched in the yard at the gateway, the place where I supposed he should have come over; I then heard the alarm of my servant, and my wife; I then saw a person attempting to get up, in the inside of my manufactory, into the street; I came round and went out at the other door, and when I got round, I saw him dropping down into the street; I could not perceive whether the person had any thing with him; I pursued him, and perceived another person, which was a watchman, coming to the alarm; the watchman met him first, at the top of Mary-le-bonne-passage, which is about twenty yards from my house; I heard a piece of iron drop; when I came up to him, I found it to be the prisoner at the bar; he then said to me, he hoped I would do him justice, I had always behaved well to him; I told him I most assuredly would; a piece of iron was found in his coat-pocket, I saw it taken from his coat-pocket; I saw two pieces that were dropped, and we went to look if there were any more, and we found another piece; there were between twenty-six and twenty-eight pounds of bar iron, valued at about three or four shillings; the iron was put into two parcels, between the railing, for the convenience of carrying it away.

EDWARD SHEHAN sworn. - I am a watchman, in Well-street: When I heard the cry of stop thief, I went into Margaret-street, and saw a man go into Mary-le-bonne-passage, I pursued him and took him; he came from the direction of Mr. Cheesely's manufactory to this passage; I heard him drop two pieces of iron, one I picked up, and Mr. Cheesely picked up the other; I took him into Mr. Cheesely's yard, where we found two parcels of iron in a corner; when we stopped him he said, let me go, but I secured him; I did not keep the iron, Mr. Bates did.

HENRY BATES sworn. - I belong to Mary-le-bonne watch-house: The prisoner was brought to our watch-house, on the 7th of April, about twelve o'clock at night; this iron, (producing it), was left in my hands by Mr. Cheesely.

JOHN RAMAGE sworn. - I work for the prosecutor: These pieces of iron belong to him, they have my work upon them, I can swear to them.

Prisoner's defence. I picked one piece up as I came along the street, I kicked it with my foot, and I put it in my pocket; as for any other part of the iron I know nothing about it.

The prosecutor was called as a witness for the prisoner's character.

Prosecutor. I am in a very aukward situation, I wish to say nothing more than what I have said.

GUILTY (Aged 32.)

Confined one year in the House of Correction , and fined 1s.

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

Reference Number: t17990508-21

284. TIMOTHY BRIAN , JAMES BARRY otherwise BERRY , PATRICK HOLLAND , DANIEL DRISCOLL , GEORGE ROMSEY , CORNELIUS DONOHOUGH , JOHN M'CARTY , JOHN SULLIVAN , HANNAH the wife of TIMOTHY BRIAN , and ELEANOR HERN , were indicted for the wilful murder of Duncan Grant .

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

CHRISTOPHER JONES sworn. - I am one of the officers belonging to Bow-street: I went with Miller and the other officers, on the 26th of December, to the King's-arms public-house, in Maynard-street, St. Giles's, between nine and ten o'clock at night, upon a search-warrant.

Q. What was the object of the search-warrant? -

Mr. Gurney objected that they could not give parole evidence of the object of the search-warrant, of which the warrant itself could be the only evidence. (The warrant was produced and read).

- REEVES sworn. - Examined by Mr. Knapp.

Q. Look at the hand-writing to that warrant; is it the hand-writing of Sir William Addington and Mr. Floud? - A. I am well acquainted with the hand-writing of both these Magistrates, I am certain it is their hand-writing.

Mr. Knapp. (To Jones.) Q. You went with Miller, and the other officers, to the King's-arms, in Maynard-street, St. Giles's ? - A. I did, on a search-warrant for rogues and vagrants, I believe.

Q. Who were of your party besides Miller? - A. There were many: Crocker, Limerick, Venters, William Smith , John Smith , John Cockin , Thomas Jones , William Stewart , Beresford, Grant the deceased, and many others.

Q. Was Grant a Bow-street patrol ? - A. He was.

Q. Tell us, distinctly and slowly, when you got to the house, what you did? - A. Between nine and ten o'clock we entered the house of the King's-arms; when I went in, there were a great many people in the tap-room, and hearing a fiddle playing up one pair of stairs, myself, and several more, went up through the tap-room; Miller, and Thomas Jones , and several others, went up with me, Miller had the warrant; when we went into the room there were a number of men and women, thirty or more; then it was our employ to couple the men together.

Q. Before you coupled them together, did you say any thing about any warrant that you had? - A. Miller had it in his hand, and read it to them.

Q. Did he read it in such a way as the persons in the room could hear it? - A. I was so very busy that I cannot say whether they heard it or not, I heard it.

Q. Then it was you began coupling them together? - A. Yes.

Q. When you went into the room, how were they employed? - A. Some dancing, and the fiddle playing; then I followed two prisoners down stairs.

Q. They were persons that you had coupled together? - A. Yes; and in going out at the street-door, I saw an opposite door open, but I, and two others, went and told them to shut the door; the door was then shut, and upon turning on my left-hand, to go up the street, I saw one of the prisoners at the bar, Timothy Brian, with a stick, making a blow at me.

Q. Was he one of the persons in the room when you went in? - A. No, he was not; that I am perfectly sure of.

Court. Q. Did the deceased, Grant, go up with you? - A. No, he remained in the tap-room; Brain was going to strike me, but William Smith , one of the patrols, who was close by me, caught it before it came upon my head with his cutlass; Smith closed with him, and they both fell, and Smith wrung the stick out of his hand; he was hit several times by Limerick, one of the officers.

Q. Did any body see Limerick? - A. No, he was behind our backs; we tried then to get Brian up, but could not get him up, and we were afraid of losing the people we had made prisoners; we went after them, and brought them to the corner of New Compton-street, Broad-street, St. Giles's.

Q. At the time Brian made the blow at you, were the persons that you had secured, in the custody of you and the other patrols? - A. Yes, they were; I went with them as far as New Compton-street, I left them in care of other people, and then returned again; and, in returning back, William Smith, Cockin, and myself, I was not gone ten minutes in coming back, I saw one of our people, Birch, coming back again with his head tied up, and without a hat.

Q. How long was this after you had left the house? - A. It might be better than ten minutes; Birch said, for God's sake go back, for there is murder being committed; we then made all the haste we possibly could, till we came to the corner of Maynard-street again; then we saw Timothy Brian with a black-thorn stick in his hand.

Q. How far was he, at that time, from the house

where you described yourself to have taken the prisoners from? - A. About six doors; I instantly seized him by the collar, on the right side, and the said William Smith , that took the first stick out of his hand, wrung the other out of his hand.

Q. At the time you apprehended him, did he say any thing? - A. He said something in Irish, and the other man can explain it when he is called upon; he was flourishing it, and hopping upon his left leg, and bleeding at that time; I conducted him towards the Eight Bells, in Denmark-street, towards the watch-house; I left him in custody of the other officers, in Denmark-street, near the Eight Bells, and then I went towards Bow-street; and in King-street, Grant, the deceased, was being led by two officers.

Q. In what situation was Grant at that time? - A. He said, oh Lord, oh Lord, go back for God Almighty's sake, for he was a dead man, and there was murder being committed; I then went back with Smith and Cockin to Maynard-street, to the King's-arms; the first thing I saw was Ravenhill, one of our officers, sitting in a chair by the fire, and the blood was making a clean breach out of him like water; I went backwards, and there I saw Beresford, the officer, lying bleeding, insensible; then we got a coach for Beresford, and the other walked.

Q. At the time that Brian first attacked you, did he say any thing at all what it was for? - A. No, he did not say a single word; and the second time when he was apprehended, he said, oh Lord, oh Lord, I am bleeding, and he did bleed all over my coat.

Cross-examined by Mr. Gurney, (Counsel for Holland, Driscoll, and Romsey). Q. What number of officers accompanied you in the execution of this warrant? - A. I cannot tell you the number, the whole patrole.

Q. I believe above fifty in number? - A. There were.

Q. Miller went up stairs with you? - A. Yes.

Q. Did you stay any time in the tap-room? - A. I did not.

Q. Do you know who it was that apprehended the landlord? - A. No.

Q. Do you know who handcuffed the people who were with the landlord? - A. No.

Q. Did Miller produce the warrant in the taproom below? - A. No.

Q. Did Miller, or any other person in your hearing, tell the people in the tap-room the object of your coming? - A. He told some of them to secure the people below.

Court. Q. When Miller carried the warrant up stairs, and you accompained him, had any affray happened in the tap-room? - A. None at all.

Mr. Gurney. Q. Whether any affray happened in the tap-room while you were up stairs, you cannot tell? - A. No.

Q. Did you see those persons who were taken into custody and handcuffed, who were in the taproom? - A. Before I came down, they had been handcuffed and taken out.

Q. Then the persons that were in the tap-room, and had been handcuffed, were gone? - A. Yes.

Q. Were they not the party that you escorted as far as Compton-street? - A. No, they were persons that had been handcuffed up stairs.

Q. The persons who were in the tap-room were discharged the next morning? - A. Not that I know of.

Q. How many did you take into custody up stairs? - A. I cannot tell; I handcuffed four or five.

Q. You rushed into the house with tolerable violence, I believe? - A. No, we did not.

Q. Do you mean to swear you went in quite quietly? - A. Yes, I do.

Q. You had your constables staves, and you exhibited them directly when you went in? - A. Yes.

Q. In the tap-room? - A. Yes.

Q. Did you all go in? - A. No, about a score went in, the rest staid at the door.

Q. You all exhibited your constables staves? - A. Yes.

Q. You do not call cutlasses staves? - A. No.

Q. Were there no cutlasses drawn before you went up stairs? - A. Not that I know of.

Q. Upon your oath were there not cutlasses drawn before any of the persons up stairs were handcuffed? - A. Not that I know of.

Court. Q. When you went up stairs, through the tap-room, there was of course no riot or affray in the tap-room? - A. None at all.

Q. You went down with a number of persons that you had secured? - A. Yes.

Q. When you went down, you went through the tap-room again? - A. Yes.

Q. Was there any riot then, or was all quiet? - A. Very quiet.

Q. Then this unfortunate accident had not happened at the moment that you went through the tap-room? - A. No, it had not.

Mr. Gurney. Q. Will you venture to swear that cutlasses were not drawn by some of the patrole before the people were secured up stairs by handcuffs? - A. I will not positively swear that.

Q. Was the tap-room clear when you came down? - A. There were some of our own people, and some women.

Q. Will you swear that there were no other men? - A. I cannot; there are so many of our people, that there might be some behind them.

Q. The tap-room was pretty full? - A. Yes; I do not know all our own people hardly.

Q. Then whether the people in the tap-room were your own people or not, you cannot tell? - A. No.

Cross-examined by Mr. Alley, (Counsel for the rest of the prisoners). Q. Upon your oath have you never said that the deceased received the fatal would on the stairs, between the room above and the room below? - A. No, I never have said it; I was not there at the time, and therefore I could not say any thing about it.

Q. Was Sullivan one of the persons that was in the tap-room? - A. Not that I know of.

Q. The landlord was below stairs, was he not? - A. Yes.

Q. Was not the landlord taken into custody the moment you rushed into the house, without any notification whatever being given to him? - A. I did not know the landlord was in custody at all till the next morning.

Q. Do not you know, that at the time you left them, you left them in the act of seizing the people below? - A. I did not see them.

Court. Q. Did you see any of your people seize the people below, before you went up stairs? - A. No.

Q. Have the goodness to tell us what sort of a street this Maynard-street is; is it not a very narrow, dirty street? - A. It is.

Q. There are a great many lamps in the street? - A. No.

Q. Are there any? - A. There is one.

Q. And only one? - A. I cannot say.

Q. You say that Brian attempted to strike you with a stick after you came down stairs, and got into the street? - A. Upon a door being opened, and my going over to tell the people to shut it, he endeavoured to stop me.

Court. Q. When Brian attempted to stop you then, there had been no affray in the tap-room? - A There had not.

Mr. Alley. Q. Upon your oath do you mean to say there was no noise? - A. Yes, with the women crying for their husbands.

Q. Then how do you know there was no affray below stairs? - A. Because our people would have come up to tell us.

Q. At the time you went through the tap-room, perhaps the people had been taken out of it? - A. I do not know any thing about what passed below.

WILLIAM VENTERS sworn. - Examined by Mr. Knowlys. I am one of the Bow-street patrole; I went with Miller and the other officers to the King's-arms, in Maynard-street, to execute a warrant.

Q. Did you go into the house? - A. I did not, I was outside the door.

Q. Did you assist in conducting these persons to the watch-house? - A. I did, along with Jones.

Q. AS you were going along to conduct those people, what happened? - A. When we were going along, a man came up with a shovel.

Q. Do you know who that was? - A. No.

Q. Was that at the time you had these people in custody, and were conducting them to the watch-house? - A. Yes, it was.

Q. What did that man do? - A. He attempted to knock me down with a shovel, (producing a large shovel); I prevented the blow with my stick, and stepping back, something took me off my legs, and I thought he had knocked me down; I got up immediately, and he was making a blow at Jones with the same shovel; I then caught the shovel with the hook of my stick, and then I caught it in my hand; I struck the man upon the arm several times, and then at last he let it go all of a sudden, and, by getting hold of the shovel in a hurry, I fell down again.

Q. It was slippery, frosty weather? - A. It was very slippery; when I got up again, I had the shovel in my hand, and the man was gone.

Q. Did the prisoner, who struck at you and Jones, explain his reason, or say any thing? - A. No, he did not.

Q. At the time you left the house with these prisoners, had the assault upon Grant began then? - A. I believe not, I heard nothing of the kind.

WILLIAM SMITH sworn. - Examined by Mr. Knapp. I am one of the Bow-street patrol; I went with Miller and the other officers to the King's-arms public-house, in Maynard-street.

Q. Did you go up stairs, or stay in the taproom? - A. I went up stairs with Jones and Miller; I assisted in handcuffing several of the prisoners, and then I came into the street through the tap-room.

Q. Every thing was at that time quiet, was it not? - A. Yes, every thing was quiet in the taproom; when I came out of the tap-room, I saw some persons standing at the door opposite, which was open; there were three or four standing there.

Q. Did you know the persons of either of those persons? - A. Not either of them; I went up to them directly, and desired them to keep in.

Q. Were they men or women? - A. Men, with a candle in their hand.

Q. Was the door shut in consequence of your desire? - A. Yes; immediately after I called out to Jones, leave these people alone, they want nothing with us; accordingly they shut to the door, and just as I was going to turn round, the prisoner at the bar, Timothy Brian , was coming up the street with this stick in his hand. (Producing it).

Q. You had not seen Brian before this in the house? - A. No, I had not seen him at all; just as I was going away, Brian struck me a little slight blow somewhere about my head, upon which I turned immediately, and, with this stick in his hand, he was going to strike Christopher Jones ; I took out my cutlass, and saved the blow from Jones's head; I then seized him in a moment, as soon as I possibly could, and threw him down, and, in a little time, I got this stick from him, almost as soon as ever he was down; he tried very much to get up; I took the stick from him, and gave him several blows with it; I beat him very much, and thought he could not get up to do any other mischief, and I took the stick away from him, and left him in that place in the kennel; I went away with Christopher Jones , and another person, Townsend, I believe his name was.

Q. At the time this passed, and you overcame him, and gave him this beating, did Brian say any thing at all? - A. He said something in Irish, but I did not understand him; then I went down near St. Giles's church, to see that those other people we had sent out before were gone safe along.

Court. Q. How far was this house, the King's arms, from St. Giles's church? - A. I cannot say, I am so little acquainted with that part of the town; upon my return from St. Giles's church, I met Brian again, with this stick in his hand,(producing another), in Maynard-street, about ten or fifteen yards from the King's-arms; he was brandishing it about, and was going to strike us.

Q. Did he say any thing at that time? - A. Yes, in the same sort of language; he said it plainer then than he did before, but what it was I cannot tell; I seized him directly, and took this stick away from him.

Q. What space of time was there between his going out with Jones, and coming back again to Maynard-street? - A. Not more than ten or fifteen minutes.

Court. Q. Did you see any cutlass that he had? - A. No.

Q. Did you see any blood? - A. Yes, there was blood upon him, the blood ran down his jacket, he had a white jacket on; I then took him, and lodged him in the watch-house.

Q. Did you after that go back to the King's-arms? - A. No; after I had secured him in the watch-house, I went to Bow-street, and saw Grant led into the Brown Bear , in Bow-street, by two other officers, I am not sure whether it was one or two; he appeared to be very much hurt, and said, oh Lord, oh Lord, I am murdered, or something of that; Grant was taken into the Brown Bear , and that is all I know of it.

Cross-examined by Mr. Gurney. Q. You know this was St. Stephen's day, was it not? - A. I do not know.

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

Q. You know that is a day upon which the lower sort of Irish always meet for the purpose of merriment? - A. No.

Q. You did not stop at all in the room below? - A. No, I did not make any stop.

Q. Did you go in with your constables staves in your hands? - A. No; when we got in, somebody called out draw your cutlasses.

Q. When did you draw your cutlasses? - A. Going up stairs.

Q. Were not the other cutlasses drawn upon the stairs? - A. I saw several as soon as I got up into the room.

Q. Had you a constable's staff? - A. No.

Q. Had the other constables staves with them? - A. There might be for ought I know, I did not see one.

Q. Had not every one of you cutlasses? - A. I believe they had.

Q. There were all your patrole there, were there not? - A. I do not know, there are a great many.

Q. Where did you meet before you went? - A. At the Brown Bear.

Q. Where you not all armed with cutlasses? - A. I dare say they were.

Q. Did you see any one of them have a constable's staff? - A. No.

Cross-examined by Mr. Alley. Q. I take it, if all the officers had constable's staves in their hands, you must have seen it? - A. Yes.

Q. Or if any number of them had? - A. I should suppose so, but I did not take particular notice.

Q. Immediately upon your coming into the house, you and the other officers, you drew your swords? - A. Yes.

Q. The moment you went into the room, you endeavoured to apprehend them, without saying any thing of course? - A. Miller said a great deal to them; he was talking, I suppose, for the space of five minutes with different people.

Q. You did not see any paper in the hand of any body? - A. No.

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

Q. If Miller had had a paper, open in his hand, you must have seen it? - A. No, I might not.

Q. Did you arrest any body up stairs till Miller had given you directions? - A. I did not arrest any, I assisted other people.

Q. You did not hear any body read any book or paper? - A. No, it might have been read, I was in very great confusion.

Q. If any thing was read in the room you must have heard it? - A. No; it was almost impossible, there were so many people talking.

Q. If it had been read aloud you must have heard it? - A. I should think so.

JOHN COCKIN sworn. - I went with my brother officers to Maynard-street: I saw Brian capering upon one leg, when we first saw him.

Q. Was that after the fray happened or before? - A. After; he had a white-thorn stick half way in his hand; and he said, horroo, for the bloody Sarsenegs.

Q. Do you know the meaning of that word? - A. I have been in company with Irish people, a great many times, and I understand that Sarseneg means an Englishman.

Q. What became of that stick, and of him? - A. He was taken to the watch-house, and Smith wrenched the stick out of his hand; I went as far as Cross-street with them, and then Jones and me came back again to the house; the mischief was all done then, and the people were bleeding.

Q. Were the people, that were there bleeding, your officers? - A. Yes; Grant was gone; there was only Ravenhill and Beresford there.

Cross-examined by Mr. Alley. Q. At the time when you heard this expression, that you speak so correctly to-day, it was after he had been a good deal beat? - A. I did not see him beat; he had some blood upon his face.

Q. Did you learn any other Irish expressions? - A. No.

Q. Will you swear that is the meaning of the word Sarseneg? - A. I only go by information that that is the meaning of it.

Q. When did you hear the meaning of it? - A. On the 26th of December.

Q. On this very occasion? - A. Yes; and I have heard it before; I have worked with Irish people.

Q. Can you tell me whether this is a Welch word or Irish? - A. I cannot say.

Court. It is Welch, and Signifies Saxon.

ROBERT BERESFORD sworn. - Examined by Mr. Knapp. I am a constable of St. Clement's: I went, with the other officers, to the King's-arms public-house.

Q. Was Grant one that went with you? - A. Duncan Grant and I went together; he was one of the captains of the patrol; we went, and I saw Miller read the warrant.

Q. Where did Miller read the warrant? - A. He read it in the back-parlour, at the Brown Bear, before we went; I never was inside of the door of the club-room at all; I went through the tap-room up one pair of stairs; and just before I went into the room, somebody said, take care of Kennedy, meaning the poker; when I went into the taproom, I took a large pair of tongs, and a stick, and went up stairs, and Grant with me, and Cockin; as soon as we got up stairs, two people were brought out, by Kit Jones, for us to take to St. Giles's watch-house, they were delivered to me, Grant, and Cockin; we took them to the watch-house.

Court. Q. Did you take them through the taproom? - A. Yes.

Q. Was all quiet there at that time? - A. I saw nothing amiss in the world.

Q. How many people might be in the tap-room at that time? - A. I do not recollect whether there were any or not, for I rather think they were frightened, and gone away; the tap-room was very clear when we came down.

Q. Did Grant go with you to the watch-house? - A. Yes; then Grant said, I think we had better go back, and see after our brother officers; accordingly we did go back; just as we got to the corner of Maynard-street, we heard a terrible riot, fighting, and knocking about, in the tap-room.

Q. How far were you from the house when you heard that noise? - A. About as far as from here to that gallery; Grant said, they are fighting, we had better go in; says I, I will not part with you you may depend upon it; Grant brushed into the tap-room directly; I was going to follow him directly, and was cut right down the head.

Q. With what? - A. I cannot say; I saw a long cutlass, fluted all the way, and turned up at the end; one man said to me, b-st me, or something like it, I can't be positive to the word, what you have come again.

Q. Do you know who that person was? - A. I think Sullivan, but I cannot swear it.

Court. Q. Look at Sullivan? - A. I think he is the man, but I cannot swear it; I saw Brian, he stood next to the bar, where the light was, and Sullivan next to him, that was the way that I saw the cutlass; I was at that moment beat back into the passage; as soon as I had got half-way out at the door to get into the passage, somebody came behind me and beat me most unmercifully, and got me down; I then began to fight and clear my way, and somebody caught hold of the cutlass which I had in my hand, from behind me, I drew it through his hand, and recovered it, and kept it; immediately as I had done that, I had a cut come across my fingers, which broke the guard of my cutlass; I then made my way into the tap-room again, I got into the room, and there I saw Grant lay; somebody came behind me, and cut me across my wrist and my arm, I do not know who did it; I said to Grant, I was sorry to see him lay there, I would help him if I could.

Q. It broke your arm, did it not? - A. Yes, in two places; it cut the bone through.

Q. How long had you parted with Grant before you saw him in that condition? - A. The whole was not above five or seven minutes.

Court. Q. Did these people chiefly consist of the patrol, or the persons you found there originally? - A. There were more of these people than of our party, because we were weakened by some going away; they were mostly strangers, and were fighting.

Q. How was Grant parted from you? - A. He was hustled by the people in the passage.

Q. How long was it between that and your seeing him again? - A. It could not be above five minutes; if it had, I do not think I should have lived myself, I bled to that degree.

Mr. Knapp. Q. You say you are sure you saw Brian and Sullivan in the room upon your return? - A. Yes; but I cannot swear that they struck me; and there was a short man with them in a brown jacket which I laid hold of, but he was rescued from me.

Q. When Brian was standing next the candle, how far was that from where the deceased was knocked down? - A. About as far as from here to where that gentleman sits. (Pointing to the shorthand writer).

Q. You say you saw the cutlass in somebody's hand? - A. Yes.

Q. During the time you observed Brian and Sullivan, did you see a cutlass in their hands at all? - A. I did not to my knowledge.

Q. Were there any other persons besides the officers that had a cutlass? - A. Not that I observed; I had enough to do in the confusion, for my hat was pulled over my eyes.

Q. Do you know who pulled your hat over your eyes? - A. No.

Q. The officers had cutlusses? - A. Yes.

Q. Was the cutlass that you saw by the light, a cutlass of the same sort with those of the officers? - A. No; it was larger, and longer a great deal; I thought it was a recruiting-officer's cutlass.

Cross-examined by Mr. Alley. Q. Do I understand you right that there was a disturbance in the house? - A. Yes; the second time.

Q. Brian and Sullivan were standing in the room, what part of the room? - A. Brian stood against the bar, and Sullivan next to him, and that short man.

Q. Was there a fire-place in the room? - A. Yes.

Q. Were they near the fire-place? - A. No, they were the other side of the room at that time.

Q. You and Grant had been to the watch-house, and upon your return to the tap-room, you saw nobody at all in custody? - A. Not to my knowledge.

Mr. Alley. Q. Upon your oath, was there not any body in custody at that time? - A. No.

Q. When you came into the tap-room, was the prisoners, Sullivan and Brian, in custody at that time? - A. Not to my knowledge; I am almost confident they were not.

Q. Were there any other officers in the tap-room when you came in? - A. Two or three more.

Q. You all had cutlasses? - A. I do not know that.

Q. In what situation was the deceased? - A. His head lay towards the wainscot of the tap-room, and his feet towards the door.

Q. Do you know whether any of the officers were upon the stairs then? - A. No.

Q. Did you see any below stairs afterwards? - A. Yes.

Q. You did not see any cutlasses in the hands of any but officers? - A. I cannot say that I did; I had enough to do to keep the blood out of my eyes.

Q. When was it you saw this sword before you were struck? - A. No; I saw the stroke of a cutlass at me, but I cannot say who it was.

Q. I believe the prisoner, Sullivan, was taken into custody? - A. Yes, and made his escape.

Q. Was not your warrant to apprehend rogues and vagrants? - A. We went to take all idle and disorderly persons, and deserters; so, I suppose, the warrant said.

Q. Was the warrant read to you? - A. Yes; in the back room at the Brown Bear.

Q. Were you one that accompanied Miller up stairs? - A. Yes; but I did not go into the clubroom.

Q. How was Sullivan dressed? - A. He had a blue coat on.

Q. Had he not a blue livery coat - do you not know he is servant to the Countess of Antrim? - A. I do not know, I have understood so since; I think, when I went in, he asked me how I did, but I am not sure.

Court. Q. Had he a blue coat on? - A. He had.

THOMAS JONES sworn. - Examined by Mr. Knowlys. I am one of the patrols: I went with Miller, and the other officers.

Q. Do you remember Grant, the deceased, being with you on that occasion? - A. I do.

Q. Where were you when the people in the clubroom were conveyed to the watch-house? - A. I was up stairs, and saw them all conveyed down stairs.

Q. Did the attack, upon the officers, begin before, or after these people had been conveyed to the watch-house? - A. Yes.

Q. Where were you placed when the disturbance first began? - A. I was in the tap-room when the people came in.

Q. Do you know either of the prisoners at the bar? - A. I know one of them, Timothy Brian .

Q. Tell us what you saw of Brian that night? - A. That night, after all the people had been conducted to the watch-house, I came down into the tap-room from the club-room, there was a man and a woman tied together.

Q. Was all quiet then? - A. Yes; there were three or four women in the tap-room sitting by the fire.

Q. Who else was in the tap-room? - A. I do not recollect seeing any other man there but myself; there were some other officers up stairs; Brian came in without any stick in his hand, and bleeding; and said, where is the bloody thieves, where are they all; he directly turned round and went out of the tap-room; he had been gone out but a very few minutes before there were a dozen or fourteen men came in, with bludgeons and cutlasses; I ran before them, and went up stairs into the club-room to Miller, and some other officers; I desired Miller to come down stairs.

Court. Q. Of these twelve or fourteen men, can you be sure whether any of them were officers? - A. I am sure they were not; Miller and I came down to the foot of the stairs, and I was no sooner at the foot of the stairs before my hat was pulled over my face, and I was pulled on the ground; I received a violent blow with a stick, or some weapon, over my shoulders, and was trampled upon by the people.

Q. Who those people were you do not know? - A. No.

Q. Did you see Grant at that time? - A. I saw him laying with his head towards the door-way as you go out of the tap-room, and his two knees up towards his face; I went towards him, and pulled a pistol out of my pocket, and said, the first man that attempted to come in doors I would shoot him, there was a mob of them at the door then; that is all I know of it.

Q. Did you see this poor fellow, Grant, after the riot was over? - A. Yes, I saw him lying down after they were gone; he was cut almost to pieces, and bleeding.

Q. Did you help to convey him to the hospital? - A. I did not.

Court. Q. When you went up stairs to call Miller, you left Grant in the tap-room? - A. No, I did not see him; he must have come in at the time they were fighting; I did not see him come in.

Q. At the time these people rushed in, soon after Brian had gone out, did you hear any expressions made use of? - A. I cannot say that I did, for I ran up stairs.

Cross-examined by Mr. Gurney. Q. Did you go up into the club-room? - A. No, I was only at the door.

Q. At the time there were a great many persons left in the room? - A. I cannot say.

Q. You saw a woman tied to a man? - A. Yes.

Q. Miller was there for the purpose of guarding those that were handcuffed? - A. Yes.

Q. How many persons had been taken away? - A. I cannot tell.

Q. How many persons were there left? - A. There might be ten or a dozen women left.

Q. Did you stay down stairs for the purpose of securing persons in the tap-room? - A. No.

Q. Can you say who did? - A. No, there were so many of our people.

Q. You had your whole body? - A. Yes.

Q. You had all of you cutlasses? - A. Yes, I had mine; I never drew mine at all, and we had our truncheons.

Q. Were any cutlasses drawn upon the stairs? - A. Yes, in going up stairs I saw several drawn.

Q. Were there any cutlasses drawn in the taproom? - A. I did not see any.

Q. How many went up stairs? - A. A dozen or fourteen.

Q. How many did you send away with your people? - A. I cannot say, they went away two and two.

Q. You saw Brian come in with his head bloody? - A. Yes; the blood was running down his face.

Q. And he expressed some anger in consequence of the hurt he had received? - A. I have no doubt of it.

Q. You never saw Grant till after the riot had so much ceased, that you saw him lying upon the ground? - A. No.

Q. Did you and Miller, and the other officers, drive the persons out of the house? - A. No; I believe they ran out, after seeing the danger they had run.

Q. After the scuffle, in which you were knocked down, they all ran out of the house? - A. Yes.

Q. Was there a light in the room then? - A. Yes; there was a candle, or there might be two.

Q. Were they not both knocked out before the riot ceased? - A. No.

Q. From whom Grant received the wound, you cannot say? - A. No.

Q. It was a small room, I suppose? - A. Yes.

Q. They were all fighting, and the confusion was very great? - A. Yes, for the time it lasted; I was trampled under foot most of the time.

HENRY CROCKER sworn. - Examined by Mr. Knapp. I am a constable of the Holborn division, under Mr. Wild, the high constable; I went to the King's-arms, Maynard-street, with a party of the patrole belonging to Bow-street.

Q. Did you take any of the persons to the watch-house? - A. I did, I took two persons to the watch-house, who, I believe, were discharged the next day.

Q. Do you know Sullivan, the prisoner at the

bar? - A. To the best of my knowledge, that is the man, (pointing to him): some were at the house before me; when I got to the King's-arms, there were some officers up stairs, and some down stairs.

Q. Had you Sullivan in your custody? - A. I took him in the tap-room, with another person or two; other persons brought him out into Maynard-street, and from that into Lawrence-street.

Q. Was that before any riot had taken place in the house? - A. I had not known of any at all at that time.

Q. At the time you took Sullivan in the taproom, had the accident happened to Grant? - A. No, I believe not; I took Sullivan out of the taproom, before I heard any thing of them; I took him into custody, and took him into the street.

Q. Did you keep Sullivan in your custody? - A. I had him in custody in Maynard-street, and brought him into Lawrence-street; some person called out, Sullivan, or Sullivan, is it you? he immediately said, yes; I had two other patrole; in consequence of which I saw six or seven people standing at the corner of Lawrence-street; I immediately found myself in turning round in danger; they followed me, and I called out, patrol; the prisoner said, I will go with you any where, don't be alarmed; I wanted to get him away, and some person struck at me with a weapon.

Q. Were you struck? - A. Yes, I was cut through my hat, (produces it); I was immediately knocked down, and stunned, and the prisoner then made his escape.

Q. Do you know any of those five or six persons that you have described? - A. No, I do not; I was very much cut and bruised.

Cross-examined by Mr. Gurney. Q. When you went into the house, you stopped in the tap-room? - A. I did.

Q. Did you take the landlord into custody? - A. I did not.

Q. Who did? - A. I do not know.

Q. Was he taken into custody while he was in the tap-room? - A. I do not know.

Q. Did you see the landlord in the bar? - A. No.

Q. You, and the rest of the officers, were employed in hand-cuffing these people? - A. I saw no person handcuffed, I was only in the tap-room; the other officers were there before me.

Q. Did you see the officers take out other persons before you went? - A. Yes.

Q. Were they taken out of the tap-room, or the bar, or up stairs? - A. They were not taken out of the tap-room.

Q. If they had been brought down stairs you must have seen them? - A. I cannot say.

Q. You had your cutlasses drawn? - A. I did not see but one cutlass drawn; I did not draw my own till I got in the street; I saw one drawn; the other officers had them drawn up stairs, I believe, for our own protection.

Q. Did not you see any more than one cutlass drawn? - A. I cannot say.

Q. Did you see any constables staves? - A. No.

Q. Are you a constable of St. Giles? - A. No, of St. Pancras.

Cross-examined by Mr. Alley. Q. You say Sullivan behaved very well when you had him in custody, and went quietly with you? - A. He did.

Q. You went in at the same time with Miller, and the other officers? - A. Yes.

Q. And you staid below? - A. Yes.

Q. Sullivan was sitting upon a seat in the taproom, when you took him into custody? - A. Yes.

Q. He was sitting there from the time you first went into the house, till the time you took him? - A. Yes.

Q. Had you seen Mr. Wild from the time the warrant was delivered to you? - A. No.

Cross-examined by Mr. Gurney. Q. Did you produce any warrant? - A. No.

Q. Did you see any warrant? - A. No, I did not see any there.

Q. No warrant was produced in the tap-room, nor the bar? - A. No.

Q. Mr. Wild is the constable of the Holborn division, the division allotted to one of the Police-offices? - A. No; there is the Finsbury division, the Holborn division, and the different divisions that the different high constables have, and they have their petty constables; I am a petty constable under Mr. Wild.

Mr. Knapp. Q. St. Giles is within the Holborn division? - A. Yes.

Q. Miller had read the warrant at Bow-street in your presence? - A. Yes.

JOHN MILLER sworn. - Examined by Mr. Knowlys. I am one of the officers of Bow-street.

Q. Who did you receive that warrant from that you produced to the Court? - A. Sir William Addington .

Court. Q. Was it then signed as it is now? - A. Yes, exactly, by Sir William Addington , and John Floud , Esq.

Q. In consequence of that warrant, did you proceed to the public-house in Maynard-street, St. Giles's, with these constables, to execute the warrant? - A. I did, there were a number of persons, like labouring men, sitting in the tap-room, drinking and smoaking; I heard a fiddle up stairs, and I took a party of the officers up stairs to execute the warrant.

Q. Among the persons that you took up stairs to execute the warrant, was Duncan Grant one? - A. He was.

Q. What sort of people did you find there? - A. There were men and women of different descriptions.

Q. Were you of opinion they were that description of people the warrant called upon you to apprehend? - A. Yes; the prisoner, Eleanor Herne , was chairwoman of what they call a cock and hen club .

Q. How many men and women of this description do you think there might be? - A. Between thirty and forty, they were dancing; the moment I entered the room, the fiddle ceased playing, and they left off; I proceeded to apprehend them; I sent the men off as fast as I could.

Q. Had you sent the men off in execution of your warrant, before any thing happened to you or any of the officers? - A. I believe they were all gone off.

Q. If there had been any general attack upon the officers, you must have heard it, being in the house? - A. I must; Thomas Jones called to me, and gave me the alarm, that some mischief was going forwards; those of the patrole that were along with me came down.

Q. At the time the disturbance commenced, were there many of them sent off? - A. Yes, the major part of them, I believe, were gone; when I came down stairs into the tap-room, there were a great number of people fighting and cutting at our patrole.

Q. When you say cutting, did you discover any weapons they were using? - A. Cutlasses and bludgeons; I drew my cutlass when I got to the bottom of the stairs; I then saw Grant on his legs, standing, with his head very much cut, and leaning forward; after I came down, he received a violent cut with a cutlass; I saw the blow struck, for I was as close to the deceased as could be.

Q. Do you know who struck him? - A. I am not positive, but, to the best of my recollection, it was Sullivan; it was a tall man, in a blue coat.

Q. Can you say this with certainty, or not, that it was one of the persons who was attacking the patrole who struck Grant? - A. I have not the least doubt of it.

Q. Had you observed the person of Sullivan before or after this blow was struck at Grant? - A. No, I had not.

Q. Did you afterwards see him, or at the time the blow was struck at Duncan Grant? - A. No, I did not that night.

Q. Did you observe any of the other prisoners at the time this scuffle was going on? - A. Yes, I saw Patrick Holland and Cornelius Donohough at the time that Grant received the blow which brought him to the ground.

Q. That blow was upon the shoulder? - A. Yes; he fell upon his back, and drew his knees up, and said, mercy, mercy, oh Lord, I am murdered! but, before he had well uttered the words, the prisoner, Patrick Holland, stooped, and made a blow at him over his legs or thighs, I am not certain which.

Q. With what did he strike this blow at his legs? - A. It was with a cutlass.

Q. Did you see at that time whether the blow took effect or not? - A. The man was lying upon his back, as I was endeavouring to defend the other Irishman off from him, it did strike him, and I had my cutlass in my hand, and cut him over the face, which he bears the mark of now; upon that, after I had struck the blow at Holland, Donohough came up, and pulled my hat over my face, and bound me down, and at that time my cutlass was wrenched out of my hand; I had two slight cuts in my face by a cutlass; I had several blows with sticks, till I was senseless for a short time, and when I recovered myself, I found all the Irishmen, who had been fighting against us, gone.

Q. Had the deceased been removed before he recovered? - A. He was removed; there was not a man left in the place but myself.

Q. Did you afterwards see Duncan Grant? - A. Not till I saw him in St. George's hospital, I think, the Thursday following.

Q. He died in the hospital, I believe, on the 22d of January? - A. Yes.

Cross-examined by Mr. Gurney. Q. This was St. Stephen's day, you know? - A. Yes.

Q. You know that is a day of merry-making among the lower class of Irish? - A. Yes, I believe among the lower class of people in all countries.

Q. You called this a cock and hen club; most clubs have regular meetings; you do not know whether they had ever met before or not? - A. I did not understand that it was a regular club, it was a club where they paid sixpence a-piece.

Q. How do you know that? - A. I saw the money in the plate.

Q. Were you never in the house before? - A. No, I was not.

Q. Then how do you know they ever met before? - A. I have been told so.

Q. You received the warrant from Sir William Addington? - A. Yes.

Q. What time in the day? - A. In the evening.

Q. Was any body with him? - A. No, he always does these things privately.

Q. And nobody was with him? - A. No, only myself.

Q. Was this warrant exactly in the same state as it is now? - A. In regard of the writing, but not in being worn.

Q. Were all the alterations that are made with a pen, the same as they are now? - A. Exactly.

Q. Had you any verbal instructions from Sir William Addington, besides the warrant which you had to obey? - A. In particular to take the landlord.

Q. Had you any verbal instructions to take deserters? - A. Yes.

Q. Now I ask you, upon your oath, did not you know, from Sir William Addington , that the real object of the warrant was to apprehend deserters? - A. All disorderly and idle persons.

Q. Did you not know, from Sir William Addington , that the real object of your being sent, was to apprehend deserters? - A. It was supposed that a number of deserters resorted to that house.

Q. Did not Sir William Addington tell you, the real object was to apprehend deserters? - A. No.

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

Q. Did Sir William Addington say any thing to you when he desired you to apprehend deserters, besides telling you to apprehend deserters? - A. He gave me the warrant, and I was to apprehend all idle and disorderly persons.

Q. Did he say any thing else? - A. No.

Q. You said just now, he told you to apprehend the landlord? - A. Yes; he told me to apprehend all idle and disorderly persons, as he apprehended a great number of deserters resorted there.

Q. Did you read the warrant? - A. No, I told them I had a warrant, and I held it in my hand, but I did not read it.

Q. You did not read it in the tap-room? - A. No; I went strait up stairs; I did not open it till I got up stairs, and then I read the first part of it.

Q. How far did you read; look at it, and tell us? - A. I read as far as disorderly persons.

Q. You did not tell them by what Magistrate it was granted? - A. No.

Q. Will you swear that you read as much as that? - A. I did.

Q. Whereabouts were you in the room at that time? - A. A little within the door.

Q. Where was Christopher Jones then? - A. I am not quite certain.

Q. Did you read it loud? - A. I read it as loud as I could, that every body might hear me.

Q. You were at the head of this posse? - A. Yes.

Q. They were all armed with cutlasses? - A. I believe we were.

Q. How many had constables staves? - A. I believenearly the whole.

Q. Had you your constable's staff with you? - A. I had a small one, a little brass one.

Q. When you went up stairs, you drew your cutlasses? - A. I did not see one drawn up stairs.

Q. Upon your oath, were not a great number of cutlasses drawn in the act of going up stairs? - A. I did not see any.

Q. Were you amongst the first or the last that went up? - A. I was the first.

Q. With how many handcuffs did you go provided? - A. I cannot say, I took none.

Q. Did not you see a considerable number of handcuffs? - A. No, I did not.

Q. Some were handcuffed by your officers? - A. Yes, and tied two and two by handcuffs or handkerchiefs.

Cross-examined by Mr. Alley. Q. I see this warrant bears the name of Sir William Addington and Mr. Floud; you did not see the warrant written yourself, nor signed, nor sealed? - A. I saw it signed by Sir William.

Q. You did not see Mr. Floud sign it? - A. He signs a few of them at a time, that they may be ready.

Q. There are a number of warrants of this sort ready signed, and afterwards you saw Sir William Addington sign it? - A. Yes.

Q. It was not filled up at the time Mr. Floud's name was put to it? - A. No.

Q. Did you see Mr. Floud that day at all? - A. No.

Q. He was not there at the time that Sir William Addington gave you the warrant? - A. No.

Mr. Gurney Q. You have now spoken to the persons of Holland, of Donohough, and Sullivan; did you never say that you could not identify either of the persons who were guilty of the outrage? - A. I always said, from the very first of it, that I should know the man who cut Grant when he was down.

Q. Have you always said too that you should know the two other persons? - A. No.

Q. Then of course you never could have said, that you could not identify either of the persons? - A I never said any such thing that I know of.

Q. Do you mean to swear positively, that you never said you could not identify any of them? - A. I do.

Q. You were examined before the Coroner? - A. Yes.

Mr. Knowlys. Q. Amongst the persons you did apprehend, were there any that turned out to be deserters? - A. There were men that the captain claimed as deserters.

Court. Q. Were there any persons taken in the tap-room by you? - A. There were several taken by the patrol.

Q. Were not all the persons taken in the taproom, taken when you were up stairs? - A. They were.

Q. Do you know if all those persons were taken away before the riot happened? - A. Those below were, to the best of my knowledge.

Court. Q. At the time you were before the Coroner, you had not seen the man who you tell us cut the deceased? - A. Yes.

Q. But you always said, before you did see him, that you could identify him? - A. Yes.

Mr. Gurney. Q. And you never said, before the Coroner, that you could not? -

Court. He says this: before the Coroner, the deponent cannot take upon him to identify any of the persons who beat the deceased, or cut him with bludgeons and cutlasses, at that time; but that he could always know the person who cut him when he was down if he saw him again.

Mr. Knowlys. Q. Had you, at that time, seen any of the persons now accused? - A. No.

Q. Holland was not in custody at the time you were examined before the Coroner? - A. No.

Q. Sullivan was? - A. Yes; I only spoke to Sullivan from belief.

WILLIAM STEWART sworn. - Examined by Mr. Knapp. I am a patrol belonging to Bow-street.

Q. Did you, yourself, receive any injury upon this occasion? - A. I was the first that was knocked down in the tap-room.

Q. Do you know the person that knocked you down? - A. No.

Q. Do you know any of the prisoners at the bar? - A. I do not.

Court. Q. Did you see a number of persons rush into the tap-room? - A. I did.

Q. At the time you came into the tap-room was there any person bound, or in custody? - A. There was only one man that remained in the house, he was in custody, and I stood by him, he and a woman were tied together with a handkerchief; when they found they were coming, the man made an attempt to unloose himself, I was paying attention to him when they rushed in; there came then two sticks over my head as fast as they could pelt, and in falling, the man that I stood by, knocked the staff out of my hand, and got away.

Q. Was it after he got away that this accident happened to the deceased? - A. Yes, as I understood, for I was insensible; I never saw Grant at all.

Q. Then, after they came in, they had nobody to liberate, for the man and woman had liberated themselves? - A. Yes, when I was knocked down.

Q. Had the man and woman been bound together up stairs, or below? - A. Up stairs; they had just come down.

EDWARD RAVENHILL sworn. - Examined by Mr. Knowlys. I am one of the Bow-street officers.

Q. Were you present when this mischief happened to Grant? - A. I was up stairs; I came down upon hearing the noise.

Q. Are you able to point out any of the people who committed this injury? - A. Yes, Sullivan; the man in the blue coat.

Q. Do you mean to speak positively, or only as to belief? - A. Positively.

Q. Was that at the time that these people were attacking the officers? - A. When I came down stairs, there was Sullivan in the tap-room, I had known him before that; I heard a great noise of cutting, and sticks going backwards and forwards; I went to go into the passage, and, from some person on my left-hand, I received a blow with the point of a stick upon my collar-bone; I immediately afterwards received a shove, from some person behind me, across the tap-room against the table; I had my cutlass at the time in my hand; in that situation, I received a violent blow upon the left-side of my head, which cut me to the bone.

Q. From a stick, or a sharp instrument? - A. From a stick, I believe; I was stunned, and my cutlass was then taken from me; after that I received two cuts with a sharp instrument on the top of my head, and two afterwards upon my shoulder to the bone pretty near.

Q. Did you retain your senses, or lose them? - A. When my blood began to run pretty freely from me I began to recover, and I supported myself upon one hand; as soon as I was recovered, I saw Grant lying upon the floor, near the fender, or on the fender, I cannot tell which; he lifed up his hand, and said, Ravenhill, help me, I am murdered.

Q. He was afterwards conveyed away to the hospital? - A. Yes; I was too much hurt to be able to assist him.

Cross-examined by Mr. Alley. Q. When you came down stairs, you saw Sullivan in the tap-room? - A. Yes; and two men standing behind him.

Q. He was in custody, was not he? - A. No.

Q. He had been in custody? - A. Not that I knew of.

Q. Did you go into the room with Miller? - A. My situation was at the top of the stairs; Miller went in first.

Q. When you came into the room, what did you see Miller do? - A. I was not in the room, my business was to keep the stairs clear.

Cross-examined by Mr. Gurney. Q. At the time this riot commenced, how many were there in custody? - A. There were about eighteen sent away.

Q. How many remained? - A. Only the women.

Court. Q. Where were the women in custody? - A. In a little room, on the right-hand of the stairs, by themselves; they were there till the men were gone.

THOMAS EDWARDS sworn. - Examined by Mr. Knapp. Q. Do you know any of the prisoners at the bar? - A. Yes, Sullivan.

Q. Where did you see him at the King's-arms

on that day? - A. I partly believe that he is the man, I saw him in the tap-room; I saw him strike Ravenhill twice, over the shoulder, with a hanger.

Q. You did not apprehend any of the prisoners? - A. No.

Cross-examined by Mr. Gurney. Q. Did you stay below, or were you up stairs? - A. I was up stairs.

Cross-examined by Mr. Alley. Q. You do not mean to swear it was Sullivan? - A. To the best of my knowledge it was.

Q. Was the riot going on at that time? - A. It was partly over.

Q. Do you mean solemnly to swear you ever saw a cutlass in his hand? - A. To the best of my knowledge he is the man that I saw cut Ravenhill with a cutlass.

NORAH KIRRUCK sworn. - Examined by Mr. Knowlys Q. I believe your husband is a labourer in St. Giles's? - A. Yes.

Q. Do you know the prisoner, Sullivan? - A. Yes; he is the tallest of these men, I have known him a long time.

Q. Did you see him the evening that this business happened at the King's-arms? - A. Yes; I was standing in the court that I live in, St. John's-court, Bainbridge-street; he went into the Ship, in Bainbridge-street.

Q. Did he say any thing to you? - A. No.

Q. Had you any conversation with him before he went into the Ship? - A. No; I saw him go into the parlour.

Q. Did he say any thing to anybody that you heard? - A. He said he had been taken by the constables, and had run away from them.

Q. Did you leave him in the Ship? - A. Yes.

Q. Had he any thing in his hand at that time? - A. I was a little tipsey, and I cannot say.

CONSTANTINE EGAN sworn. - Examined by Mr. Knowlys. I was at the Ship, in Bainbridge-street, on St. Stephen's-day, at night.

Q. How far is that from the King's-arms, in Maynard-street? - A. I believe it is about a hundred yards.

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

Q. Did you see him that evening, when you were at the Ship, in Bainbridge-street? - A. To the best of my knowledge he came in there.

Q. I believe he has worked, occasionally, for you? - A. Yes.

Q. Did you observe, when he came in, whether he had any thing in his hand? - A. Yes; he had a hanger in one hand, and, I believe, some kind of stick in the other.

Q. Had you any conversation with him? - A. Not a word, it was momentary.

Q. Did you see any other persons there that Sullivan spoke to? - A. I do not know that he directed his discourse to any body in particular; he said, what do you stand there for, and see people cut to pieces, or something similar to that; to the best of my knowledge.

Q. Do you know the prisoner, Holland, or Berry? - A. I know their persons.

Q. Were they in the public-house when he came in and made use of this expression? - A. Yes.

Q. When he went out, what became of Berry and Holland? - A. Berry, if any body was to say he went as far as the scene of action I would not believe them, for he returned directly; Holland followed Sullivan, I believe; I think he did, to the best of my knowledge.

Q. Did Holland come back again? - A. He did.

Q. In what condition was Holland when he came back again? - A. That is a critical thing.

Q. No, it is not; you must speak the truth. -Upon your oath, in what condition was Holland when he came in again to that public-house? - A. A man that I take to be Holland returned with his face all over blood, and a cutlass in each hand.

Q. How long might he be gone? - A. I suppose, about a quarter of an hour; I did not know that it was him in the condition he was in.

Q. Was his face afterwards washed? - A. It appeared so, the blood was wiped off.

Q. Did you then know the man? - A. It was Holland.

Q. Was there any harm done to his face? - A. It appeared to me there was a cut across his nose, or face, or some part thereof.

Q. And that man was Holland? - A. It might be the same man that was bloody for any thing I know.

Q. Have you any doubt about it? - A. No.

JAMES EGAN sworn. - Examined by Mr. Knapp. I was at the Ship, in Bainbridge-street.

Q. Do you know Sullivan? - A. Yes. (The witness went to the bar, and touched the prisoner Sullivan.)

Q. Did you see him at the Ship? - A. I cannot say I did.

Q. Do you remember the night the riot happened? - A. Yes.

Q. Did you see him that night? - A. I cannot say I did.

Q. Did you see Holland that night? - A. I did.

Q. What time of night was it that you saw him? - A. I cannot ascertain.

Q. Was it late, or early? - A. Late.

Q. Were you at the Ship first, or he? - A. I cannot say; I was there.

Q. Had you been drinking together? - A. No.

Q. Do you remember his going out? - A. It is as much as I do.

Q. Do you remember it? - A. Scarcely.

Court. Q. Were you in liquor that night? - A. I was not free from it.

Court. You are examining witnesses in a case of murder, who admit that they were drunk at the time.

GALLI DORMAN sworn. - Examined by Mr. Knowlys. I was at the Ship, in Bainbridge-street, between eight and nine o'clock.

Q. Do you know the prisoner, Sullivan? - A. Yes.

Q. Did you see him there? - A. There was a man came in with a sword in his hand; I was standing at the bar-door.

Q. Did you pay any attention to that man, so as to know who it was? - A. No.

Q. Did you see Holland that evening? - A. Yes; about half an hour after, a man came in covered all over with blood, and I did not know the man.

Q. Was his face afterwards cleared from the blood? - A. I did not see him again that night to my knowledge.

MARY RAGAN sworn. - Examined by Mr. Knowlys. Q. How have you got your living? - A. I go to market sometimes to sell fruit.

Q. Were you one of the women that was secured at this club? - A. Yes.

Q. After you were secured by the officers, where were you put? - A. Into a back room.

Q. Did you afterwards get to any place where you could see what passed in the tap-room? - A. I went into the club-room, and thought to jump out at the window; I got out at the window upon the leads of the bar-window, and had my hand upon the sign; I looked down, and could see what passed in the tap-room.

Q. Do you know the prisoners at the bar? - A. Yes, all of them.

Q. When you were in this place, tell us whether you saw any of the prisoners do any thing, and what they did? - A. I saw Brian in the street.

Q. Not in the tap-room? - A. No; I saw George Romsey , Daniel Driscoll , James Berry , and John Sullivan .

Q. Any body else? - A. No, nobody else.

Q. Now tell us what you saw each of them do? - A. I saw Timothy Brian striking a man several times with a fire-shovel.

Court. Q. Do you know who it was that he struck with the fire-shovel? - A. Yes, Duncan Grant.

Q. Did he strike him while he was in the street? - A. By the door; and I saw Daniel Driscoll strike Grant with a stick; I saw Romsey striking in the mob, but I did not see him strike Grant.

Cross-examined by Mr. Gurney. Q. You were not able to see any thing in the tap-room? - A. No.

Q. Who did you see? - A. I saw Driscoll.

Q. Outside the door? - A. Yes.

Q. Did you see Grant? - A. Yes; Daniel M'Carty struck him with a broom-stick; he then took a cutlass out of a little boy's hand, and struck him.

Q. You don't mean M'Carty the prisoner? - A. No, another man.

Q. Where did he strike him? - A. Over the head, and on the shoulder.

Q. He was outside the door? - A. Yes, leaning against the side of the door.

Court. Q. When Driscoll and others struck him, had he been wounded then? - A. Yes; he had some wounds before then.

Q. Who was the first person that you saw strike him? - A. Daniel M'Carty , with a broom-stick.

Q. How many times did Brian strike him? - A. Several times.

Q. Very hard? - A. Yes.

Q. And the man stood in the same situation? - A. Yes.

Q. Where did Driscoll strike him? - A. Upon the shoulder, and upon the head, and then Driscoll's wife struck him; Driscoll knocked him down, and beat him about the body after he was down; then the mob went away, and Timothy Brian went to strike one of the constables, and the constable knocked him down; then Grant got up, and went into the tap-room, with both his hands round his head, and said, oh, my God! I am killed! and laid down by the fender; when I saw the mob go down the street I came down stairs, and all the women with me, and then I saw him go into the tap-room.

Q. Are you sure it was Duncan Grant ? - A. Yes; I gave a description to the gentlemen that knew him.

Q. Did you ever see him afterwards? - A. Yes.

Court. Q. Was it the poor man that died? - A. Yes.

Mr. Gurney. Q. How was he dressed? - A. He had a blue coat on, was a tall man with a red face, and pock-fretten.

Q. Had he his own hair or a wig? - A. His own hair.

Q. Had he any great coat on? - A. A loose blue surtout; I had come down before to try to get out, but the officers and the mob were fighting with swords and sticks in the tap-room, and I was obliged to go up again.

Q. That was before you saw the blows given to Grant? - A. Yes.

Q. When you came down, after Driscoll and all the rest had ran away, you found the place clear? - A. Yes.

Q. You know Miller? - A. Yes.

Q. Where was he then? - A. I cannot tell; I rather think he was lower down the street fighting with the mob.

Q. Did you see Jones? - A. Yes; he took me by the gown, and looked out twice, and then went down stairs; I do not know what became of him after that.

Q. While they were beating Grant at the door, the officers were fighting with a part of the mob? - A. Yes.

Q. Did the officers in the house pursue them when they ran away? - A. Yes.

Q. Were any of them disabled? - A. I did not see any.

Q. Grant was the only man in the tap-room that was disabled? - A. Yes; I did not see any body else.

Q. At the time you came down, and Grant complained to you, there was nobody else in the taproom? - A. No, only some women.

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

Q. How long did you stay there? - A. Only two or three minutes.

Q. Were there any other of the officers in the room at that time? - A. Yes.

Q. Did he tell you it was Grant? - A. No.

Q. You were taken up upon this business, were you not? - A. Yes.

Q. When were you taken up? - A. About three months ago.

Q. How long were you kept in custody? - A. I was taken up nine weeks after Christmas.

Q. You have been in custody ever since? - A. Yes.

Q. You come here in custody to give evidence? - A. Yes.

Q. JOHN RAGAN sworn. - Examined by Mr. Knapp. I am the father of the last witness.

Q. You are a watchman? - A. Yes.

Q. Did you go to see after your daughter to the King's-arms? - A. Yes; I went into the tap-room, and called for a pint of beer in order to bring my daughter home; I saw the prisoner, Brian, in the tap-room, and Berry was there, and Patrick Holland , and Bob Sullivan .

Q. Did you see any officer there? - A. I do not know what they were, I saw a man, with a cutlass in his hand, coming off the foot of the stairs; I have understood since that he was an officer; I never saw the man before that.

Q. Did you see Brian do any thing in the taproom? - A. Yes; I saw him strike a man with a half-gallon pot, and knock him down.

Q. Did you see him do any thing else? - A. He knocked him down, and hit him again while he was down.

Q. Did you see Berry do any thing? - A. I saw him hit the same man with a stick about the shoulder and the head somewhere.

Q. What sort of a stick was it, a small stick, or a large one? - A. It was a hand stick, such as they take in their hand.

Q. Did you see Sullivan do any thing? - A. No.

Cross-examined by Mr. Alley. Q. When you speak of Berry, do you mean to say you knew Berry at that time? - A. Yes.

Q. Or only from what you have been since told? - A. I knew the man before.

Q. You have been in custody for this offence? - A. I was taken into custody because I would not tell where my own daughter was.

Q. Upon your oath, did they not threaten to indict you, and join you with the prisoners, if you did not give evidence against them? - A. No; the Justice said, if I did not tell where my daughter was, he would send me to prison as a party concerned.

HANNAH KEITH sworn. - Examined by Mr. Knowlys. I keep the Hand and Crown, within three doors of Maynard-street.

Q. Do you know the prisoner, M'Carty? - Yes; he lodged with me going on five years.(Points to him).

Q. Do you remember the night this riot happened? - A. Yes; he went out through the passage, and he was not gone ten minutes.

Q. When he came back again, what did you observe? - A. His fingers were off: one finger was off, and the other hanging by the skin.

Q. Did you ask him what was the matter? - A. No.

Q. Did he give you any account how it happened? - A. Not at that time; he said, after his hand was dressed, that he had paid for bounty and clubs not to be any way concerned in it.

Q. Did he explain what he meant by it? - A. Because he was not at the club, nor never took any bounty from captain Cavendish.

Q. Who was it that dressed his hand? - A. Dr. Benson.

Cross-examined by Mr. Alley. Q. At the time M'Carty went out, was there a man of the name of Driscoll in your house? - A. No; I did not know any body in the house but John Sullivan, I was so confused.

Q. At the time M'Carty went out, was any body in the house with you? - A. Only my husband and my daughter.

Q. Had the riot begun at this time? - A. Yes.

Q. How long had M'Carty been in your house? - A. Two hours.

Q. Did you say any thing about your window-shutters? - A. Yes; I said, for the mercy of God, put up my window-shutters; then M'Carty went

out, and the window-shutters were put up, but I do not know whether he put them up.

Q. Directly that you said, for the mercy of God, put up my window-shutters, did he go out? - A. Yes, directly, he was not out ten minutes, and then he returned into the house again.

Q. Did any of the rioters, to your knowledge, rush by the window? - A. No.

Q. The riot was all about your place? - A. Yes.

Q. Was it at your house that he was afterwards taken up? - A. Yes, the Monday afterwards.

Court. Q. What is his trade? - A. A bricklayer's labourer.

JOHN SMITH sworn. - Examined by Mr. Knapp. I apprehended Donohough in Brewer's-yard, St. Giles's, on the 12th of February; I found him behind the house, behind a small roof which goes along at the end of the house.

Q. Was he dressed? - A. He was in a check shirt, about a quarter past six in the morning; he had nothing on but his shirt.

Q. Did he say thing when you apprehended him? - A. He said, he would go along very quietly.

Q. Did you find any thing? - A. Yes; I found a rusty sword just as I entered into the lost, and a broad stick laid in the gutter at the top of the house.

Q. Was the bed searched in your presence? - A. No.

RICHARD ROGERS sworn. - Examined by Mr. Knapp. - I was with Smith; I apprehended Donohough, and under the bed I found this stick; the clothes that he wore were upon the bed; we found him only in his shirt.

JAMES PITCAIRN sworn. - Examined by Mr. Knowlys. I am the house-surgeon of St. George's Hospital; the deceased was brought to the hospital; I saw him the moment he was brought in; he had received three wounds in the head with a sharp instrument, some cutting instrument, one on the right fore arm, one on the right hand, one on the right leg, the left arm fractured, and the left shoulder joint laid bare.

Q. Did all those appear to be wounds given with a cutting instrument? - A. The wound on the right arm I am not quite sure was given with a cutting instrument or not; all the others I am conscious were.

Q. How was he when you first saw him - did you apprehend he was in danger? - A. Certainly.

Q. How long did he live after you first saw him? - A. He lived, I think, till the 22d of January.

Q. What do you say, as a medical man, was the occasion of his death? - A. I believe the wound on his shoulder.

Q. Was that of such a kind, as was likely to prove mortal? - A. Yes, it was.

Q. Do you believe that was the cause of his death? - A. I do.(Copy of the warrant).

MIDDLESEX(to wit).

To John Wild , Gentleman, High Constable, and to the several Petty Constables of the said County, and especially to John Miller .

We whose names are hereunto set and seals affixed, being two of his Majesty's Justices of the Peace residing in and acting for the said County, do, in his Majesty's name, and in pursuance of the directions of the said statute, command you the said High Constable and Petty Constables, and every of you, to make a general privy search throughout the parish of St. Giles in the Fields, in the said County, and particularly the King's-arms alehouse, in Maynard-street, within the said parish, on this night, for the finding and apprehending of all rogues and vagabonds, and idle and disorderly persons: And all such rogues and vagabonds, and idle and disorderly persons, as upon such search you shall find and apprehend, you are hereby required to bring before us at the Public-office, in Bow-street, Covent-garden, at ten o'clock the ensuing morning, in order for their examination, and that they may be dealt with as prescribed by the said statute: herein fail not, as you will answer the contrary at your peril. Given under out hands and seals the 26th day of December, 1798.

W. ADDINGTON(L.S.)

J. FLOUD (L.S.)

Mr. Justice Grose. Prisoners, what have you to say in your defence?

Mr. Gurney. I trust your Lordship will be of opinion, that there is not sufficient evidence to put Driscoll and Romsey on their defence.

Mr. Knowlys, on the part of the prosecution, consented to take a verdict of acquittal in favour of Barry, Driscoll, Romsey, M'Carty, Hannah Brian , and Herne, upon which they all retired from the bar.

Mr. Gurney. I humbly submit to your Lordship, that, taking for granted the evidence which is now given discloses the whole of this transaction, (reserving to my clients nevertheless all the benefit of further evidence to be adduced), the offence proved amounts to no more than manslaughter.

My Lord, I am not disposed to controvert the law, as it has been laid down by my learned Friend, Mr. Knowlys, in his opening, that where a constable is acting legally, under a legal warrant, he is so far protected by law, that the killing of him will be murder; but I submit to your Lordship, that this case is not the case stated by my learned Friend; for that the warrant, under which these officers acted, is not a legal warrant; and that the officers, who were executing that warrant, were not the persons who by law ought to have executed it.

My Lord, the warrant is founded upon the 6th section of the 17th Geo. II. ch. 5. I will read the whole of that clause: "And be it enacted by the authority aforesaid, that the Justices of the Peace for every county, riding, city, borough, town corporate, division, or liberty, or any two of them, shall, four times in the year at least, or oftener, if need be, meet in their respective divisions, and by their warrant command the constables or

other peace officers of every hundred, parish, town, and hamlet in their several divisions, who shall be assisted with sufficient men of the same places, to make a general privy search in one night throughout their several respective limits, for the finding and apprehending of rougues and vagabonds." That, I believe, is the whole of the clause which applies to this warrant, but I will read to your Lordship the whole of the clause: "And every Justice of the Peace shall also, on receiving information that rogues and vagabonds are in any place within his jurisdiction, issue his warrant to the constable or other officer of such place to search for and apprehend such rogues and vagabonds; and such rogues and vagabonds as they shall find and apprehend upon such searches, they shall cause to be brought before the Justices." I say, my Lord, I believe it is the first part of this clause upon which the warrant is grounded, because this is a warrant for a"general privy search," which is authorized only by the first part of the clause: the last clause empowers a single Justice to issue his warrant for searching a particular place, upon a particular information received by him.

I submit to your Lordship, that it ought to appear upon the face of the warrant that it is executed by two Magistrates at a meeting. It is not merely a ministerial, it is a judicial act: the Justices must "meet" in order to perform it. They are directed by the statute to meet"four times in the year at least, or oftener if need be." It is not pretended that this was one of the "four times;" it must be, therefore, one of the extraordinary occasions for which the statute has made provision; the law of the four times of the year, or upon one of the special occasions supposes the warrant to be the result of the deliberation of the Justices at a meeting; and I contend that it cannot be a legal warrant for this purpose, unless it does so purport to be executed by the Justices at a meeting.

My Lord, I am confirmed in this point by a precedent of some authority, in the 4th volume of Burn's Justice, folio 397, from which it appears that this has been considered to be the construction of the form required by the statute. The precedent given for a general privy search warrant is thus: -

"Westmoreland -To the High Constable of Lonsdale Ward, within the said county. At a meeting of the Justices of our Lord the King, assigned to keep the peace within the said county, held at - for the division of Lonsdale Ward aforesaid, &c. by us -, two of the said Justices assembled at the said meeting, being resident, living, and dwelling within the said division, we do hereby command you forthwith to issue your warrants to all the petty constables within the said ward for making a general privy search for rogues and vagabonds, according to the form herein indorsed." Then follows the form of the high constable's warrant.

But I submit to your Lordship with confidence, that it plainly appears from the Act of Parliament alone, without the authority of Burn, that it must be at a meeting, for it is only at a meeting that the Justices have the power to do this act. This is a statute, conferring upon Justices extraordinary power, and prescribing to them, at the same time, the manner in which that power shall be exercised by them, and if they do not exercise that power in the manner prescribed to them, they transgress the law.

My Lord, the next objection I have to make to the warrant is, not only that it does not appear upon the face of it to be executed at a meeting, but, it is proved by the evidence, that it was so executed, as to be no warrant at all for the purpose for which it is issued. It is proved, that when the name of Mr. Floud was subscribed, the warrant was a blank paper, a printed form, the blanks not being filled up; that after it had been subscribed by the name of Mr. Floud, it was filled up; that then Sir William Addington signed it, and he gave it to Miller, the person to whom it was directed. I venture to say, without fear of contradiction, that this statute never meant to authorize Magistrates so to act; when it requires Magistrates to do a certain act at a meeting, when the least number allowed for the doing of that act is two, it never meant to say, that one Magistrate might execute the warrant in blank, leaving it afterwards in the power of the second Magistrate to direct the blow wheresoever he pleased, to be executed by any persons whomsoever, whether they were legally authorized, or not legally authorized, to leave it in short to the discretion or indiscretion of one Magistrate to do any thing the most opposite to that which the Act of Parliament prescribed. Therefore, I submit to your Lordship, that instead of "a general privy search warrant," which it purports upon the face of it to be, it is no such thing; for a general privy search warrant must not only be executed by two Magistrates, but must be executed by two Magistrates together at a meeting. In the first place it is proved that it is not executed by two Magistrates together, for that Sir William Addington executed it alone; and in the next place it is proved, that in truth it was never executed by Mr. Floud at all; for the signature of a Magistrate to a blank paper never can be deemed to be an execution of a warrant -

Mr. Justice Grose. I do not know whether I may not stop you here in some degree, because I put it to the Counsel for the prosecution, whether they found their prosecution upon the idea that this is but manslaughter, supposing the warrant to be bad; for I hold, that if the warrant was good, it never having been read below stairs, but being carried up stairs, it would not alter the offence; but what I shall state to the Jury is this, that whether the warrant is bad or good, does not signify a straw, for the warrant is functus officio; for these men come into the tap-room, and there they execute their malicious purpose, founded upon some malice preconceived by the conduct of the officers. I shall suppose the warrant as bad as you wish it.

Mr. Gurney. Then, my Lord, I shall take it that the warrant is illegal, and therefore I shall further submit to your Lordship, (taking the facts to be true which have been spoken to by the witnesses), that this case comes within the scope of cases already determined, which make it manslaughter.

My learned Friend, Mr. Knowlys, in his opening to the Jury, stated a case which he has attempted to substantiate by evidence, that the officers going to this house to execute a lawful warrant, did apprehend certain persons, supposed to be such persons as were described in the warrant; that some of those persons were taken away, that others were in custody, and were not taken away;

that one man and a woman tied together were in the custody of the officers upon the staircase, and coming down the stairs for the purpose of being taken to the watch-house, at the time these persons came to the house; that a number of women were in custody up stairs, and that the prisoners, and others, came to the house for the purpose of rescuing those who were in the custody of the officers; and, for the purpose of so rescuing them, committed the assault. My learned Friends consumed a considerable portion of time in proving acts of violence on one of the prisoners, Brian, prior to the rushing of the persons into the tap-room, namely, attacking the officers in the street for the purpose of rescuing those persons who were being conveyed to the watch-house.

Therefore the case stated, and supposed to be proved by my learned Friends on the other tide, is not the case of a quarrel between the persons now charged with murder and the officers, upon any other ground than the execution of that warrant, and the taking persons into custody under that warrant; and the only motive which has been imputed to the prisoners at the bar, is, that they wished to assist their friends; and they are attempted to be connected thus: that one of them, Sullivan, was, in fact, liberated by an assault upon the officer who had him in custody, by a person charged to be connected with the prisoners now at the bar; that he, Sullivan, afterwards went to a neighbouring public-house, and called out other persons, which other persons are now charged with coming to the King's-arms for the purpose of rescuing the women, and the man, who were then in the custody of the officers, and some of whom were in the course of being conveyed to the watch-house.

These being the facts of this case, and this the motive, which my learned Friends have spent so many hours to six upon the prisoners, and which facts and motives would, if the warrant were legal, and the warrant was good, would amount within persons executing it, the persons authorized by law to execute it, constitute that act of killing with malice prepence, which the law denominates murder; then, I submit to your Lordship, that, taking the warrant to be bad, and not to have been executed by persons having a right to execute it; because the persons having a right to execute it are the constables of the district, division, and so on, - when, in point of fact, it is not directed to the persons to whom it is necessary it should be directed, for it is directed to Mr. Wild, high constable, and to the several petty constables, of the county of Middlesex; whereas the statute requires the warrant to be directed to the constables, or other peace-officers, of every hundred, parish, town, or hamlet, who, it is true, may have assistants, but they must be "sufficient men of the same places." None of the persons who were sent to execute the warrant were the persons authorized by law to execute it. I submit, therefore. -

Mr. Justice Grose. I have admitted that to you. Suppose the officers committed a trespass in executing the warrant, then you are to prove that these people had a right to kill them for it - that is your mode of arguing.

Mr. Gurney. I beg your Lordship's pardon, that is not my mode of arguing; and I own I did not expect, when the whole of my argument is built upon a confession that the prisoners are guilty to the extent of manslaughter, that I should be told I was proving, or attempting to prove, that they had a right to kill the officers, because the officer had committed a trespass.

Mr. Justice Grose. That is, that we have a right to reduce the crime from murder to manslaughter on that account.

Mr. Gurney. That certainly is my argument; and I will endeavour to convince your Lordship, upon the authority of cases, that this crime is only the crime of manslaughter.

My Lord, I will begin with the case of Hopkin Hugget, which is in Kelynge, folio 59."At a Goal Delivery of Newgate, in April, 1666, upon an indictment of murder, against Hopkin Hugget, a special verdict was found to this effect: we find that John Berry , and two others with him, the day and place in the inquisition, had, de facto, but without warrant, (for ought appears to us) impressed a man, whose name is not yet known, to serve in his Majesty's service in the war, against the Dutch nation; that therefore, after the unknown man was impressed, he, with the said John Berry , went together quietly into Cloth fair; and the said Hopkin Hugget, and three others, walking together in the Rounds in Smithfield, and seeing the said Berry, and two others, with the man impressed, going into Cloth-fair, instantly pursued after them, and overtaking Berry, and the impressed man, and the two other men, required to see their warrant; and Berry shewed them a paper, which Hopkin Hugget, and the three others, said was no warrant; and immediately, the said Hopkin Hugget, and the three others, drew their swords to rescue the said man impressed, and did thrust at the said John Berry; and, thereupon, the said John Berry , and the two others with him, did draw their swords, and fight together; and, thereupon, the said Hopkin Hugget did give the wound, in the inquisition, to the said John Berry , whereof he instantly died." The question was submitted to the Judges, whether that this was murder or manslaughter. It was considered by all the Judges of England, who met at Serjeant's-inn. The Report says, "The Lord Chief Justice Bridgeman, Lord Chief Baron Hale, Brother Atkins, Brother Tyrell, Brother Turner, Brother Browne, Brother Archer, and Brother Rainsford, having had the notes of the special verdict three days before, delivered their opinion as then advised; but, they said, they would not be bound by it, that this was no murder, but only manslaughter." Lord Chief Justice Keylinge, and three others, held it to be murder. The eight Judges who decided this case, certainly qualified their decision at the time, by saying they would not be bound by it; but I do not find that they ever recanted that opinion, or that it was ever revoked, or even softened down. It has never been shaken by any subsequent determination; and I take the liberty of maintaining that it is law; "They said, that if a man be unduly arrested, or restrained of his liberty, by three men, although he be quiet himself, and do not endeavour any rescue, yet this is a provocation to all other men of England, not only his friends, but strangers also, for common humanity sake, as my Lord-Bridgeman said, to endeavour his rescue; and if, in such endeavour of rescue, they kill any one, this is not murder but only manslaughter."

My Lord, I submit to your Lordship that this case,

(supposing the result of the evidence to be what I have stated), is precisely within the principle of that case; because there, there was a person illegally arrested, for the liberation of whom, certain persons, who appear to have been strangers to him, interfered, and committed an assault upon the officers who had him in custody; and, in the course of that assault, they stabbed one of the officers, who instantly died in consequence of that stab. Here, for the purpose of rescuing persons, those who were illegally restrained of their liberty, persons interfered, and assaulted the officers who had the others in custody, and one of the officers died in consequence of the wounds he received.

But, my Lord, there is another case in which this principle is recognized, and in which this law is applied to: a case, in my opinion, infinitely less favourable to the defendant, than the case of the defendants now before your Lordship. I speak of the case of the Queen and Tooley, 2d Lord Raymond, 1295."An indictment was found against the defendants for the murder of one Dent; and, upon not guilty pleaded, the Jury found a special verdict;" in which special verdict these facts were stated: "That by a statute made the 27th of Eliz. for the good government of Westminster, it is enacted, that for reformation of disorders in that city, the Dean, High Steward, or his deputy, or two capital Burgessss, may hear and punish incontinencies, according to the custom of London; that, by the custom of London, any constable of any ward, parish, or precinct, may execute his office throughout the whole City; that within the City, Borough, and Liberty of Westminster, it has been used, that every person duly appointed constable, of any parish within the Liberties of the Borough, and the Vill of Westminster, his office of constable, in and through the whole Borough of Westminster, and Liberties thereof, has executed, and used to execute. That, the 8th of March. 8th Ann, three commissioners duly appointed, by virtue of the Act for recruiting the army, for putting the Act in execution, by virtue of that Act, made their warrant, under their hands and seals, directed to the constables of the parish of St. Margaret's, Westminster, within the City of Westminster, thereby commanding the constables to make search within the said City and Liberty, for persons within the description of that Act; which warrant, after that day, was delivered to the constables of the parish of St. Margaret, to be executed; that after that day, Samuel Bray went into the parish of St. Paul Covent Garden, in the City and Liberties of Westminster, to execute this warrant, did come, and was; that within that parish of St. Paul Covent Garden, there was, and is, a constable belonging to that parish; that Bray, before, sent to Dent to assist him to execute the warrant; that after the said 8th of March, between eight and nine at night, in the said parish of St. Paul Covent Garden, the said Samuel Bray staying to execute that warrant, one Ann Dekins , in the street between the Play-house and the Rose Tavern, he then and there found, whom he suspected to be a disorderly person; and then and there, as a disorderly person, took her into his custody as constable of the Cities and Liberties of Westminster, to carry her to prison for safe custody; Ann Dekins had been before taken up by Bray, as constable, as a disorderly person; that at her being taken up by Bray, the 8th of March, she had not misbehaved herself; that Bray had no warrant to take, or to detain her; that after the taking of the said Ann Dekins , the prisoners, (Bray then having her in custody), in another place, called Covent Garden, did meet, (they being all strangers to Ann Dekins), drew their swords, and assaulted Bray to rescue her from his custody; that Bray shewed his constable's staff, and declared he was about the Queen's business, and intended the prisoners no harm; whereupon they put up their swords, and Bray carried the woman to the round-house; that the prisoners, a little after, the said Ann Dekins being in the said prison, in Covent Garden aforesaid, drew their swords again, and assaulted the said Bray, on account of the imprisonment of the said Ann Dekins , and to get her discharged; that Bray called some persons to his assistance to keep her in custody, and to defend himself from the violence of the prisoners; that Dent came to his assistance; that while Dent was in the constable's assistance, and before any stroke, one of the prisoners gave the mortal wound, in the indictment mentioned, of which he died."

Now I submit to your Lordship, that, in that case, where there had been no previous disturbance, where there was only one constable, and his deputy, assuming a power which turned out to be illegal, where the constable had apprehended a person, where he had lodged that person in safe custody, and where no reasonable harm could be expected to come to her, though the persons who assaulted the constable were strangers to her, yet, as the constable was acting illegally, it was decided by Lord Holt, and six other Judges, (five undoubtedly being diffentient), that it was not murder but manslaughter only, it does appear to me utterly impossible to distinguish the principle of that case from this; for -

Mr. Justice Grose. You might as well state, at the same time, what Mr. Justice Foster says, "That case stands, as I conceive, on no better ground than the opinion of seven learned Judges against five."

Mr. Gurney. Your Lordship could hardly suppose me guilty of such folly, as to attempt to conceal from your Lordship any thing contained in the book of Mr. Justice Foster, with the whole of which your Lordship must be so intimately acquainted. I certainly did intend to notice that observation, though not exactly at this moment, because I did not doubt it would be cited by my learned Friends on the other side; but as your Lordship has called my attention to it, I will do it now. No man does, or can entertain a higher respect for the name and character of Mr. Justice Foster than I do; but yet, I cannot bring myself to yield the authority of Lord Holt, and Lord Hale, even to Mr. Justice Foster.

I was stating to your Lordship, that the principle of this case is not to be distinguished from that of the Queen and Tooley, Here is an illegal warrant, executed by persons who are not the persons authorized by law to execute such a warrant, even if it were legal; they had taken a number of people into custody; in their way to the watch-house with some of their prisoners, they say, they were assaulted by Brian. For what purpose? No purpose can be stated but that of rescue. Another of the prisoners at the bar, Sullivan, they say, was drinking at the public-house, they took him into custody, and were conveying him to the watch-house, when they were

assaulted, and he was rescued out of their hands; and then it is in evidence that he went to a public-house, and said. why do you suffer men to be cut to pieces thus; that he called two persons out, one of whom is now at the bar; that they followed him to the King's-arms public-house, and commenced a violent attack upon the officers, in the house; which officers were some up stairs guarding the prisoners there, some of them on the stairs, and one of them in the tap-room actually conducting two of their prisoners out, a man and a woman, who, by means of this attack, were actually rescued. This case comes, therefore, I contend, precisely within the principle of that case. Then, the question is, what authority that case is entitled to? Mr. Justice Foster, in discussing that case, and disputing its authority, does not touch very strongly upon the case of the King and Hugget, but he maintains, that the decision in the case of the King and Hugget, does not warrant the decision in the case of the Queen and Tooley; and, my Lord, undoubtedly the authority of Mr. Justice Foster is entitled to considerable weight; but, I shall submit to your Lordship, that both those cases are law, and it is not even the authority of -

Mr. Justice Grose. I shall certainly consider it as my duty to hold these cases to be law. I shall not think myself at liberty even to speak flirtingly of them.

Mr. Gurney. I was sure I should anticipate something of that kind from your Lordship, that where seven Judges have determined a point, even though five Judges dissent, that point, so determined, is the law of the land; and therefore, I trust, I need not argue any further that these cases are law. I humbly submit to your Lordship, that the principle upon which these two cases are determined, is the principle which must decide this case. The attack upon the officers can be referred to no other motive, connected as it is with an attempt to rescue and an actual rescue, than that of rescue. -

Mr. Justice Grose. If you put that to me, I must submit it to the Jury. I shall state to the Jury the ground upon which those cases went; I shall state to them what I think of this case; and I shall put it to them, whether they think there are, in this case, the same ingredients that were in that case.

Mr. Gurney. Undoubtedly, my Lord; I do not mean to argue that the facts are exactly the same, but that they are so similar as to bring the cases within one principle. The facts of two cases may differ in many particulars, and yet the principle of both be the same.

My Lord, There is a subsequent case, which I need hardly quote to your Lordship, a case in which there was the interference of a third person, for the rescue of another who was arrested; and, indeed, I have cited now; but cases of the interference of third persons, I have confined myself to such cases as appear to me to apply strictly to the present. I should have consumed much more of your Lordship's time, if I had gone into the cases of persons resisting arrests of themselves.

Mr. Justice Grose. In the present instance, it does not appear that either of the prisoners at the bar were arrested.

Mr. Gurney. Yes, my Lord, Sullivan was arrested.

Mr Justice Grose. He had been arrested, but was at liberty at the time the riot commenced.

Mr. Gurney. At the time of the last attack in the public-house, he was at liberty, and he is charged by the witnesses with being one of the assailants; but that was only a few minutes after he had been liberated from this illegal arrest, and his blood had not had time to cool, and, therefore, is intitled to the humane consideration of the law, which makes allowance for the passions and infirmities of human nature.

The case which I was about to quote is Mary Adey 's case, in Mr. Leach's Collection, folio 188. In that case"the deceased went in company with one David Prothero , who was a constable of the parish of St. Martin's in the Fields, to the house of one Ward, in Castle-street, in that parish, in whose house the prisoner cohabited with a man of the name of Farmello. That Prothero went to the house of Ward, accompanied by Barnet, for the purpose of apprehending Farmello, as an idle and disorderly person, under the stat. 19 Geo. II. chap. 10. That Prothero had a general search-warrant for that purpose." Then here is the case of an officer acting in his own district, and there is no objection to the warrant on the ground of irregularity of form stated."That upon Prothero's coming to the house of Ward, he, together with Barnet and others, went up stairs to the lodging-house of Farmello, in which Farmello and the prisoner cohabited at that time. That Prothero did not know Farmello. That Prothero knocked at the door, and demanded to be admitted; that a male voice called out from within, "who's there?" That Prothero answered,"it is me;" upon which a servant maid belonging to the house said, there was another door by which they might enter, the bolt of which was on the inside of a room not belonging to Farmello's lodging: that this door was unbolted, and opened by two men of the name of Ellis and Stephens. That Prothero and Barnet then entered Farmello's room. That Prothero said to Farmello, "you must come along with us." Farmello said,"for what?" That Barnet said, "come, come, you must go." That before Prothero could answer Farmello, the prisoner stepped past Prothero, and struck Barnet under the left arm with a knife she then had in her hand, saying, "by G-d, he shall not go." That the knife was left sticking in the side of Barnet, who turned round, saying he was a dead man. That Barnet died of that wound about four o'clock the next day. That Farmello was not an object of the said Act of Parliament. The question was, whether the offence amounted to murder or manslaughter. This case was argued in the Exchequer Chamber, on the 19th of April, 1780, by Mr. Howarth, for the Crown, and Mr. Erskine, for the prisoner, before ten of the Judges;" and the cases I have cited to your Lordship were, with others, cited and relied on. Mr. Leach says, in a note, "It is said that the Judges held it to be manslaughter only, but no opinion was ever publicly given." However. the prisoner, after laying eighteen months in jail, was discharged.

If, therefore, I am not entitled to state this case as an explicit and unequivocal decision that the crime proved amounted to no more than manslaughter, I think I may state this, that if the Judges had been of opinion it was murder, she would not have been discharged. In that case the warrant was regular, and the person executing that warrant was the person who ought to have executed it.

Mr. Justice Grose. No, the warrant was illegal. The book says, "If a woman, who, in a transport of passion, kills a peace officer, who is about to take the man she cohabits with to prison, under a warrant which turns out to be illegal," &c.

Mr. Gurney. The marginal note says, it was illegal; but I submit to your Lordship, that that marginal note is an incorrect conclusion from that part of the case, in which it is said, that Farmello, the person arrested, was not an object of the Act. There is nothing in the case which implies that the warrant was irregular, and therefore I humbly conceive I was correct in staring, that the warrant was regular.

Mr. Justice Grose. If he was not an object of the Act, the warrant was illegal.

Mr. Gurney. With great deference to your Lordship, I submit that the regularity or legality of the warrant cannot be affected by Farmello not being an object of the Act, because this is not stated to be a warrant to apprehend Farmello, by name; it is stated to be "a general search-warrant." The officer erred in the execution of it, inasmuch as he attempted to apprehend a person who was not an object of the Act.

In that case, I submit to your Lordship, the warrant was regular in form, and it was executed by the proper officer, the constable of the parish. In the case now before your Lordship, every thing is wrong; the warrant is irregular in form, it is void and illegal in substance, and it was executed by persons who ought not to have attempted to execute it, because the law has confined the execution to other persons. Upon the whole, therefore, I submit. that the offence proved by the evidence for the Crown, is no higher than manslaughter.

Mr. Alley. I shall trouble your Lordship with a few observations on the same side with Mr. Gurney, and though the case has been ably and fully argued by him, and the hour of the day is far advanced, yet feeling an imperative duty to submit my humble opinion to the Court, I am perfectly satisfied the good old rule of justice will be attended to, "that the accused shall be fully heard before judgment shall pass upon them:" and that therefore your Lordship will favour me, their advocate, with that attentive and patient hearing, which, under the circumstances of this important case, I may require.

Convinced of this fact, I shall take the liberty to contend with confidence, though with humility, that the offence which has been proved against the defendants, cannot by any possible construction, amount to murder, for the facts, as I understand them, are shortly these:"A warrant was issued by the Bow-street Magistrates, directing Miller. and other officers belonging to that office to make a privy search in the parish of St. Giles, and to apprehend all rogues, vagabonds, idle and disorderly persons, and particularly such as they should find in the house of one Flannery, a publican, in Maynard-street, in the said parish; and under this warrant, the officers force into the house of Flannery, without notice, and arrest a number of persons there assembled, amongst whom were some of the prisoners at the bar, but who, at the time they were apprehended, were not guilty of any act of riot or disorder: that in consequence an attempt to rescue ensues, and that, in the affray, the unfortunate deceased received the wounds whereof he died." -

These are the facts, together with this important one, that the warrant under which they acted is admitted to be illegal and void.

Mr. Knowlys. No such thing has been admitted.

Mr. Alley. What I assert has been conceded by the Court; and there is not a school-boy, however ignorant, much less a man professing an acquaintance with the jurisprudence of his country, who can deny this fact,"that a warrant, (as that in question has been proved on the cross-examination to have been). signed in blank by one Magistrate, and, at a subsequent period, signed and filled up by another, when it should have been the joint act of both, signed by both together, at a meeting held for that purpose, is illegal and void to all intents and purposes; and was it necessary for me, on this occasion, after what has fallen from the Court, to argue the point, I could demonstrate, beyond a possibility of doubt, that the warrant was not only issued in a manner unprecedented and informal, but that it is illegal and void from the beginning to the end. However, since the point has been allowed by the express declaration of the Court, I will not waste time in pointing out its manifold iregularities; but, taking the warrant to have been illegal, I shall contend the arrest was unjustifiable, that it was a violation of the liberty of the subject, and that, by consequence; the homicide which followed, cannot be considered murder.

That the arrest must be illegal, since the warrant was illegal, is manifest as the fun at noon day, for it is through the warrant only the officers derive their power. If, therefore, the warrant, which was the foundation, fails them, their proceedings must be without authority, and by consequence illegal. When I said they must derive their authority through the warrant, I only state what the statute has directed, 17 Geo. II. c. 5, for without warrant they have no power to make a privy search under the Act, and at common law they have no such authority at all; the only case in which they can arrest without warrant under this Act is, where they see an act of vagrancy committed in the public streets; in such case they may arrest without warrant, (for I will not blink the act), but in such case only; and they have no earthly authority to enter the house of any man for the purpose of a privy search, without a warrant regularly signed and issued by two Magistrates: and, miserable indeed would be the situation of the inhabitants of this land, if their houses, which our ancestors proudly called their castles, were liable to the incursions of every low and common officer, who might think sit to enter them at his own pleasure, without warrant, perhaps for oppressive purposes, though under the cloak of justice!

I hope it will not be said, that by the common law peace officers, without warrant virtute officii to enter the house of any man for the purpose of arresting those whom they shall consider rogues and vagabonds, or idle and disorderly persons: if this is asserted, I shall expect to have it proved, for mere assertion without proof cannot operate with me against that which is the result of serious and attentive enquiry; for I submit, that at common law peace officers have no authority to arrest virtute officii, and without warrant from a Justice, but where they see an offence committed immediately in their presence; as for instance, where they see a riot going on, they may arrest the

parties; but, if the riot is over, they cannot arrest those concerned without a warrant from a Magistrate, much less can they enter into another man's house, as they have done on the occasion under consideration, and deprive men of their liberty, to whom not even the smallest irregularity is imputable. Hence, therefore, I submit, that as at common law they had no authority for what they did, and since, by the statute they had none, their authority under that, viz. the warrant failing, I shall be glad to learn from what source they can derive a power which neither emanates from the common law, nor flows through the medium of the statute? To me it is manifest they had none, that they acted without authority illegally and unjustly, that consequently they are trespassers, and must submit to that which resulted from their own misconduct; for surely it cannot be denied, that when officers are trespassers, by arresting men on whom they should not have laid their hands, and in an attempt to rescue those, whom they have illegally restrained, one of the officers, who are the wrong doers, is killed, the homicide, in such case, cannot be more than manslaughter: for this is a principle so fully established, that I should have thought it would not be disputed; however, to put a case, suppose a riot has been committed in the street, and, after it is over, a constable, endeavouring to arrest the rioters, not having a warrant from a Justice, is killed, would such homicide, in point of law be considered murder? Certainly it would not, because the officer had no right to arrest virtute officii without warrant, after the riot had ceased. To prove that I am not arguing hypothetically, I will mention a case in which this very point has been held; it was that of William Power , (tried in this place in the year 1789, before Mr. Justice Gould, present, Mr. Justice Wilson and your Lordship). He was indicted for the murder of one Wilkinson, who was an officer, sent to take Power into custody for riotous behaviour: when, as it appeared in evidence, that the riot was over when he endeavoured to arrest Power, the Court held that he was proceeding illegally, and that where a person does an act that causes the death of him who illegally restrains his liberty, the offence certainly cannot be more than manslaughter. Then taking this case for law, of which there can be no question, I will ask, is it not authority by which the present should in some measure be governed; for in the case now before the Court, the officers were trespassers, they acted without authority, and, under the pretence of seizing idle and disorderly persons, they arrest men whom they are forced to admit were sober, quiet, and orderly, for thus they speak of the landlord of the house, Flannery, thus of Sullivan, one of the prisoners, whom, notwithstanding, they had the andacity to handcuff, and drag, like felons, into the public street: then were not these officers the worst of trespassers? Did not they violate the sacred liberty of the subject? And doth not this case, therefore, come within the rule laid down in that I have just mentioned? Shall not the same principle govern this, that governed the cases of Hopkin Hugget , Mary Adey , and the Queen v. Tooley, mentioned by Mr. Gurney? By-the-by, there is an observation made by Lord Chief Justice Holt, in delivering the opinion of the Judges on the last of those cases, which I will take the liberty to repeat, as it is in itself coming from so great authority, abundantly sufficient to establish all I have been contending for to-day. He says, "the prisoners had sufficient provocation; for if one be imprisoned on unlawful authority, it is a sufficient provocation to all people, out of compassion, much more where it is done under the colour of justice, and where the liberty of the subject is invaded, it is a provocation to all the people of England; for the people should be concerned for Magna Charta and the law; but he who imprisons another against law, is an offender against Magna Charta." And he expressly says, in another part of the argument, "a constable cannot arrest but when he seen an actual breach of the peace; and if the affray be over, he cannot arrest without a warrant." On these words, which are not only the language of this great Judge, but which are to be found in all our books, I might pin my faith, and ask, are they not decisive on the present occasion, when the officers are to be considered as acting without warrant? Therefore, without authority; and consequently improperly restraining the liberty of those they apprehended; may, doth it not follow, a fortiori, in this case, that the homicide cannot be murder, when it is recollected that, in the Queen v. Tooley, the officer was killed in a second attack that was made upon him half an hour after the first, when the human passion might have subsided; whereas, in the case before the Court, there was no interval, the attack was momentary, and the accident just as sudden.

There is a case in Croke Charles, 371, which, as it has not been quoted, I will mention; it is that of Sir Harry Ferrers , who was indicted for the murder of one Stone, an officer, under the following circumstances: Stone had a warrant to arrest Sir Harry for debt, whom he accordingly arrested; and after he was in custody, Nightingale, his servant, (whom Sir Harry was charged as aiding and assisting), endeavouring to rescue, as was pretended, killed the officer; but it turning out that the warrant was in the name of Sir Harry Ferrers , Knight, when he never was knighted, but a Baronet, it was held an ill warrant; and that, therefore, killing the officer who executed it, was not murder. So I submit, in the case before the Court, the arrest by the officers was illegal, they restrained the liberty of their fellow subjects without authority, and, therefore, the homicide which followed cannot be murder.

These cases which have been mentioned, appear, in my humble judgment, decisive in favour of all the prisoners; for from them it is manifest, that the offence, as it applies in general, cannot be more than manslaughter; for in each of the cases as reported, the homicide was by third persons, who were, notwithstanding, so far protected by the law, as to be held free from the crime of murder; how much more favourable does the case of the prisoner, Sullivan, appear, who was one of those illegally arrested; in favour of him the books are full of authorities; and, I submit, that as to him, the homicide is no more than se defendendo; and that this is the law as determined in modern as well as ancient times. There is a case, mentioned by Lord Coke, 4 Inst. 333. in which it has been held, that when a man is illegally arrested, and kills the assailant, his offence cannot be more than homicide, se defendendo; and, I believe, it has never yet been over-ruled; this was the case of Simpson, which

happened when the Court of High Commission was in existence, whose odious authority must be known to every man; from this Court a warrant had been issued to arrest one Simpson, for adultery; and it was directed to Richard Butler , an officer, who arrested Simpson, and was killed by him; and the question was, whether under this warrant Butler had a right to arrest Simpson, for if he had, it was murder; but if not, only a small offence, se defendendo; and after conference, and long consideration, the Judges resolved, that the High Commissioners had no authority to issue a warrant to arrest in that case, but should have proceeded by way of citation; and that therefore the arrest being illegal, the killing was not murder: then let me ask, can I have a greater authority than my Lord Coke, the very oracle of the law? And after this determination, can the case of Sullivan be considered more than se defendendo? I am sure it cannot, unless the established law is overturned; and I am equally sure your Lordship will not introduce a change, or alter the law as it has been held, not only by Lord Chief Justice Holt, but at the time the Institute was written.

These observations I felt it my duty to submit, and shall add but one or two more, applying them to the misconduct of the officers: Mr. Justice Foster has stated, in his book on the Crown Law, p. 319, that "when officers misbehave, even in the execution of legal process, they forfeit that protection the law would otherwise afford them;" then, even on this point, had I no other, I might safely put the issue, for the conduct of the officers has been, as proved by themselves, most grossly improper; for they not only refused to show their warrant, on entering the house, as they were bound to have done, but they seized, arrested, and handcuffed men, as rogues and vagrants, not one of whom was of such descript on. When I assert this, I am authorized to do so, for the fact has not been proved against me; therefore the maxim will apply." at non existentibus, et non apparentibus eadem est ratio." But I am not driven to this necessity; for it is clear, from the evidence, that there was not in the house a single person who could be deemed a rogue and vagrant, or idle and disorderly, within the meaning of the statute; for the statute has clearly described all such as shall be so considered, and not left it to the power of construction; and the terms, as used in the Act, are widely different in their meaning from that which in common parlance we apply to them; for instance, he might, in common speech, be called idle who loiters in a public-house, but he would not be within the scope, or meaning of the statute; again, we call him idle who is less attentive to industry than he should be; and I would call the learned Gentleman who conducts this prosecution disorderly, if he were to interrupt me whilst addressing the Court; yet it would be absurd to say he was disorderly within the meaning of the Act of Parliament; then let me ask, who was there disorderly in the house of Flannery, the publican? Was the landlord disorderly when he was wantonly assaulted by the officers, and that in his own parlour? Was the prisoner, Sullivan, disorderly, who was sitting peaceably in the tap-room? Certainly not; nor was there an appearance of disorder until the officers had created it, by illegally arresting and handcuffing men, who were peaceable and orderly, under the unjustifiable pretence that they were rogues and vagabonds; here, therefore, I say, the officers were trespassers in having so misbehaved; first neglecting to shew their warrant, and, secondly, in restraining the liberty of men who, even had the warrant been a legal one, were not by any means within the meaning of the law. And from this I may conclude, in the words of Mr. Foster, that the officers, by their own misconduct, have forfeited the special protection of the law.

With these observations I shall conclude, submitting, as I have contended, that as to Sullivan, his offence cannot be more than se defendendo; and that of the other prisoners, manslaughter only; first, because the officers, even supposing they had a legal warrant, refused to shew it, grossly misbehaved, and arrested men who were not objects of the Act of Parliament; and, secondly, I rely on this, not only that the warrant was illegal and void, and therefore the officers trespassers, but also that the assray was sudden and momentary; that no time intervened for the human passion to have subsisted, and that, by consequence, the homicide cannot be murder.

Mr. Gurney. If your Lordship will give me leave, I will read three lines from Lord Hale: 1st Hale, 457."If the Sheriff's bailiff comes to execute a process, but hath not a lawful warrant, as if the name of the bailiff, plaintiff, or defendant, be interlined, or inserted after the sealing thereof by the bailiff himself, or any other; if such bailiff be killed, it is but manslaughter, and not murder."

Mr. Knowlys. My Lord, This is certainly a case of the greatest importance that has happened a long time; and I shall first advert to the case quoted by Mr. Alley, the case of Sir Harry Ferrers : it was a warrant against a person specifically described, there may be such a person in existence as the person named in the warrant, he comes to Sir Harry Ferrers , Baronet, and arrests him as Sir Harry Ferrers , Knight, he takes a person who is no such person as the person described in the warrant; - You are come to take me, John Smith , of Norfolk-street; I am John Smith , of Arundel-street, you have no right to take me, I am not the man. Upon that principle it was that that case was decided; it is a case as precisely different from this as can be.

The next case that is mentioned, is the case in the 4th institute; and to be sure, if that case can be thought to bear upon this, it must be most strange indeed. - Here is a man comes to apprehend a person upon a warrant for an offence, which he himself must know was no temporal offence, and gave him no authority to take him; for the crime of adultery is not a crime punishable by imprisonment, and therefore he comes there perfectly without authority, and the consequence was it was held not to be murder.

There was a case cited, by Mr. Gurney, from Lord Hale, and there a bailiff has no power to grant writs, undoubtedly; if the Sheriff's bailiff comes to execute a warrant, which is interlined after it is sealed, he has no right to act upon it against any person whatever, in any degree whatever, and therefore he is, in that case, acting without authority, and he must take the consequence, it certainly would not be murder if he died under the execution of that wrongful process.

Then, my Lord, there are two other cases which are supposed to apply - but when I am arguing in this way,

and it is supposed that the legality of the warrant is given up, I am ready to argue, whenever it may be necessary, that it is legal; but in the present stage of the argument, putting the warrant entirely out of the question, I say that those two cases do not apply; and I will tell your Lordship why I conceived they do not apply: My Lord, with respect to Hugget's case, that to be sure is as widely different from this as one Pole can be from the other - what is that case? Some persons lay hold of a man, and it is expressly stated that it was done "without warrant, for ought appears to us," they "impressed a man who is not yet known, to serve in his Majesty's service in the wars against the Dutch nation." My Lord, let us see what a serious case that is: some men come and lay hold of another to carry him out of the realm, to kidnap him: - My Lord, surely that is a case in which it might be expected that the passions of men might be roused, they were not going to carry him to a place where he might be amenable to the laws of his country, but to send him abroad; that case might be very properly ruled to be manslaughter; indeed, I have no right to consider it as properly ruled, for the Judges did in that instance, saying, they would not hold it as a precedent; they did it with the greatest reluctance, and said, they would not be bound by it; they looked upon it as a case just upon the verge of the one crime or the other, and that they would never rule in favour of any person, under any circumstances before them, unless these circumstances tally in every iota with the circumstances of that very individual case which stands so determined.

My Lord, Is it supposed, or pretended, or can any man living suppose that this man, who was going to be carried out of the kingdom, is to be compared with the present case, where they were going to be put into a course of legal enquiry? - Therefore that case does not apply to this in the least.

With respect to the case in 2d Lord Raymond, it is as wide from this as a case can be. The facts stated are, that he was a constable, that he was walking about and he seized this woman, whom he laid hold of, she was committing no act of disorder; though she had formerly committed disorderly acts, she was at that time an unoffending person, and therefore that case does not apply.

Then, my Lord, with respect to that part of the evidence which these gentlemen have quoted, it makes a strong case of malice against Sullivan indeed, and against those who were with him: it is expressly proved, that Sullivan submitted to that apprehension without any sign whatever of resentment; he was perfectly calm and collected, and said, he would go with them and would make no objection to the arrest: afterwards he is let go, and let us see what he does when he is let go; he comes to the public-house with a most evident falsehood, a falsehood calculated for what? Calculated to rouse the resentment of every person there. He says, "why do you suffer men to be murdered thus?" Upon which the other persons accompany him, and they proceed to commit this shocking barbarity upon the officers, of whom Sullivan had never made any complaint. My Lord, I would put that as strong and cogent evidence indeed, that the intent to rescue was not the intent of his mind, but mixed with another intent, which the law will never countenance, an intent to revenge upon these people for an arrest which he never suspected to be illegal, because he never made an objection to it. Is it not proved, that at the time this man went into that public-house, all was quiet and all peaceable? Is it then true, or could it be true, that these officers (whose conduct was unknown to the men to whom he addressed himself, in order to rouse them to resentment), were murdering people? That is a falsehood issuing out of his mouth, upon which all the after barbarity was founded. I say, therefore, that this is strong evidence of malice against the officers, and therefore that will go to implicate him, if the facts are believed by the Jury, of which they of course will judge. But, my Lord, is it to be said, that this was without colour of authority. I did not give up this point: but I submit to your Lordship, that these officers themselves, even without a warrant, were justified in laying hold of people in an act of disorder. It has been said, that they had no right to enter into this house. My Lord, it was a public-house, in which there must be a recognizance entered into to keep good order; a house into which police officers and constables are bound to go and see that they do keep order: they found an unlawful assembly in that house - a club, consisting of a mixture of men and women, with dancing and music, and that sort of disorder, a meeting that never could have been licensed upon an application; that never could, in the fair exercise of the discretion of a Magistrate, have obtained a licence. They found there likewise persons, who were idle and disorderly persons, whom they had a right to take; for I take it that any constable, and there were two constables here acting with these people, that any constable has a right to take persons acting disorderly, and there were persons who did afterwards turn out to be men of that description; for it is in evidence, that two of them were deserters; and therefore I contend, that, without any warrant, the custody of some of these people was lawful; and, if the custody of any was lawful, these officers had a legal right to take them, and were then in the exercise of a legal authority. At the time they were conveying away, all the persons, except Sullivan, were perfectly ignorant of what was passing; Sullivan knew that they submitted to it, and made no objection whatever. If, therefore, we are to have reformers and speculators upon the law, who, when they see a constable, shall take upon them to decide whether the warrant is a lawful one or not, I hope the parties who do so speculate, will suffer the consequences of taking the law into their own hands. I am extremely sorry to have troubled your Lordship at this late hour of the day, and I will not add another observation.

Mr. Gurney. My Lord, I shall certainly abstain from arguing the legality of this warrant, although my learned Friend, Mr. Knowlys, has professed himself perfectly ready to meet me, whenever it may be necessary. I shall only say, I am perfectly ready to meet him. But I take it that your Lordship has said, the warrant is illegal, and therefore the question will be, whether this case does or does not come within the principle of the cases that I have cited. My Friend has endeavoured to distinguish this case from them; but I submit that he has distinguished them only in trifling circumstances, and that he cannot distinguish them in principle.

My learned Friend says, Hugget's case differs from this, because there the parties intended to take the person they arrested out of the kingdom, and therefore Hugget and the others were entitled to decide upon it at once, and prevent an unlawful imprisonment and transportation from the realm of the person arrested; but the principle is the same; a man has a right to protect his own liberty from unlawful restraint; he is entitled to the assistance of other persons, even of strangers, to protect and rescue him; and if, in the scuffle that ensues, the man, imposing that unlawful restraint, is killed, the law gives such allowance to those persons as to the persons so rescuing, the law considers that homicide as manslaughter, and not murder.

My Lord, in Tooley's case, the facts are infinitely short of the facts in this case. My learned Friend, Mr. Knowlys, says, here was no violence, no disorder, till the prisoners at the bar interfered; so there was no violence, no disorder, till those persons interfered, who were strangers to the woman, and who did not commence the attack till the woman was actually in the round-house. Now let us compare the facts of that case with the facts of this. The house is beset by these officers, under court of a warrant, now proved to be illegal; some of them go in, and others keep the door; every person in the house is taken into custody; those of them who were in the lower part were actually carried off towards the watch-house; one of them is rescued; he goes to a public-house; and says to some people there, why do you suffer people thus to be cut to pieces? and collects some assistants there. Another of the prisoners attacks some of the patrol, to rescue the persons out of their custody; first one stick is taken from him, and then another, and he continues in acts of aggression almost uninterruptedly from the beginning to the end. Other persons are taken into custody up stairs, some of them are conveyed away, and others are kept in custody there. My learned Friend supposes, for the purpose of this argument, that the officers had discharged the whole of their duty, or what they imagined to be their duty. Certainly not, because if they had, they would have left the house; certainly not, because some of them were conducting a man and a woman out of the house; certainly not, because some of them were keeping guard upon the rest of the women who were up stairs, till the other officers, whom they had sent to the watch-house, should return. Then this comes exactly within the decision in Tooley's case and in Hugget's case; the liberty of the people in the house was unlawfully restrained by these officers, and these persons came and assaulted the officers for the purpose of rescuing those people.

But, my learned Friend states, that the officers had a right to arrest the people who were at the public-house, even without a warrant. I was a little surprized that my learned Friend should state such a position, that, without any warrant, they, not one of them being constables, of the parish of St. Giles, had a right to arrest these poor people, because they were amusing themselves with dancing. I take it that they were acting wrongfully, under colour of authority, and therefore the law does not give them that protection which it does when they act legally. But what will my Friend say to their arrest of the persons in the tap-room, of whom Sullivan was one, who were drinking their beer quietly and peaceably, and to not one of whom can any disorder be imputed, till these fifty-eight officers, armed with cutlasses, rushed into the house; themselves the authors of all the disorder that followed their illegal conduct, the primary cause of all the mischief that ensued.

My Learned Friend asks, are we to have reformers and speculators upon the law? Are persons to speculate upon the legality or illegality of warrants? I will not answer my learned Friend in my own language, I will answer him in the language of the Judges of England, in the case of Hugget: "If a man be unduly arrested or restrained of his liberty, by three men, although he be quiet himself, and do not endeavour any rescue, yet this is a provocation to all other men of England, not only his friends, but strangers also, for common humanity sake, to endeavour his rescue; and, if in such endeavour of rescue, they kill any one, this is no murder, but only manslaughter." In that case, the persons produced a paper as a warrant; Hugget and the others speculated upon its being no warrant; and the Judges, because they speculated rightly, reduced the offence to manslaughter. Here the prisoners might speculate upon that warrant, which turns out to be illegal; they were acting for the rescue of those persons who were illegally restrained of their liberty; and, therefore, I trust your Lordship will coincide with those great and venerable judges, in reducing the offence to manslaughter. This cannot be imagined to be a case of antecedent malice between the parties, for it does not appear they had ever seen each other before the arrest of the persons in this house, some of whom were conveyed, and others conveying to prison, was the only ground of dissention between them: that unlawful arrest provoked the prisoners to that violent attempt to rescue, in consequence of which the homicide took place.

My Lord, I am sure neither your Lordship, or any one who hears me will suppose that I am justifying the conduct of the prisoners: I am not maintaining that it is commendable for persons to take by violence what is called the law into their own hands; I shall not be supposed to be vindicating their conduct, but I am standing here as an English lawyer, bound to do my duty to my clients: that duty I hope I have now discharged; and I trust, that upon the authority of these cases, your Lordship will be of opinion, that such of the prisoners as are implicated in this transaction are not guilty of the crime with which they stand charged by this indictment, but of the crime of manslaughter only.

Mr. Alley. Some observations have been made by the learned Gentleman of so strange a nature, that I think they certainly require an answer. The learned Gentleman began by mentioning the case of Sir Harry Ferrers; he says, it arose on a warrant which stiled him Knight, when it caught to have stiled him Baronet, and that therefore they had no right to take up the person whom they did take up. Now that is exactly what I contend for, and so that case approximates to this; for I say that the officers had no right to take Sullivan while he was demeaning himself peaceably and quietly, nor any of those whom they arrested, for there was not one of them an offender against the statute.

Again, as to the other cases, he has argued in my

favour, and drawn the chain tighter, if possible, against himself. He says, the persons taken into custody made no resistance; they were taken, and they submitted as they ought to have submitted. So I might say in the case of Hugget; he had submitted, but said, that did not justify the officers, they were still trespassers: the restraint of liberty was improper and illegal, and therefore it was held to be manslaughter only. The same observation applies in the case of the Queen and Tooley; the woman was in custody at the very time, at a distance from the place where the assault was committed, and the prisoners first drew their swords, and attacked the officer, and the heat of passion had abundant time to subside, but what did they do? They made a second attack upon the officers, and drew their swords again; but here the attack is all sudden, no interval, no time for the passion of the human mind to subside, and therefore it is as strong a case in favour of the accused as it can be.

There is only one observation more. My learned Friend has said, that they had a right, without a warrant, to go into this house: I was surprized to see any lawyer stand up here, and lay down such a position; and he says, it was a public house; admitting that, if it was not a public-house, they would have no right to enter it; that is the sort of argument that he is driven to: but had they a right to enter it as trespassers? Had they a right to take away that man, who was sitting quietly, drinking his pint of beer? Had they a right to take away those persons who were up stairs, where no rogues or va gabonds were assembled? Let me suppose a case, that a number of high and noble persons were to assemble, an a number of officers should come, because they heard a fiddle where they were met, would it be contended they had a right to enter that house, and apprehend them? Certainly not: Then where is the difference? Does the law make any between the rich and poor, the noble and the labourer, the peer and the peasant? Forbid it, justice! the law of England has forbid it! and, I trust in God, it ever will!

Mr. Justice Grose. In this case I have no difficulty at all, because I agree with all the cases that have been cited, and all the learned authorities that have been cited, but those cases only go to prove that if a man, in endeavouring to rescue another who is unlawfully, or whom he supposes is unlawfully arrested, does that in consequence of which death ensues, there, under the circumstances, it may be manslaughter and not murder. I agree to that law; but I shall state to the Jury, when the case comes for me to state it to them, that allowing all that is said by the Counsel to be true respecting those cases, they are to judge whether or not, at the time this unfortunate man was killed, there was not a total end of that illegal imprisonment; and the question for them to determine will be, whether what happened did not happen from a precedent resolution to commit murder upon these officers, because they had done what they had done, that I shall leave to the Jury, and therefore you will go on with your case.

The prisoner Brian left his defence to his Counsel.

Sullivan's defence. I had been at the house that night; I know no more about it than the child unborn.

Holland's defence. I am clearly innocent of what I am charged with; I was at Mr. Herne's drinking a pot of beer.

For the Prisoners.

THOMAS FLANNERY sworn. - Examined by Mr. Gurney. I am the landlord of the King's-arms.

Q. Do you remember Miller, and the other officers, coming to your house on the 26th of December? - A. I do very well.

Q. What time did they come? - A. Some minutes past eight; I was in the parlour with two men in company, the parlour door was open; I can see from the parlour door into the bar.

Q. Who were the two men with you? - A. One was Mr. Harris, in undertaker, and the other was Quin, a market man; the officers all rushed in, in a hurry, with their swords over their heads (in this manner); they rushed in at the parlour door; I said, what do you want, gentlemen; one of them said, there is the landlord, handcuff him; I said, what is the matter, I have done nothing amiss; I said, I will go with you without being handcuffed; they would not have me go without being handcuffed; I was very unwilling to be handcuffed, and we had a tussel about it; they handcuffed me, knocked me down, and cut my head with a staff, and my hand with a sword; they threw me back upon a chair, pulled the chair from under me, and put their feet upon my breast; I struggled and got up; then they had the door locked up, and I could neither get out nor no one come in; my wife was there, and they took hold of her, and pulled her by the hair, and tore her cap and handkerchief off; then one of the officers came up; my wife said, you know my husband, do not ill use him, that was to Mr. Jacob, the officer; Jacob advised me to be handcuffed, and go quietly with them; I asked them why they handcuffed me, and they would never let me know the reason.

Q. Did they show you any warrant? - A. No.

Q. Did you ask them for a warrant? - A. I never asked about a warrant, I knew nothing about the warrant.

Q. Did they handcuff any other persons who were with you? - A. Not in the same room, but they took Harris and the other; I did not see them handcuffed; they took them to one watch-house, and me to another.

Q. Was there any disturbance in your house till the officers came there? - A. They were as quiet as company could be in a house.

Q. Who began the distrubance? - A. I was the first person that had a cut upon my head.

Q. Who was it created that distrubance? - A. The officers.

Q. Had you, or the persons with you, any weapons whatever? - A. Not one.

Q. You had some persons up stairs? - A. Yes, I cannot say how many.

Q. Dancing to a fiddle? - A. They were having a fiddle, and singing a song very agreeably.

Q. Were they noisy at all? - A. No, they made so little noise, that you could hardly hear them down stairs.

Q. What description of people were they, were they labouring people? - A. They were hardworking, industrious people.

Q. This was St. Stephen's night? - A. Yes; and in the country they come from, they generally have a merry-making that night; I do not think there were a half a dozen English among them all.

Q. Do know the prisoner, Sullivan? - A. Yes.

Q. Did you see him that night? - A. I saw him standing with his back to the fire in the tap-room.

Q. What was Sullivan at this time? - A. A very honest, industrious man, and chairman to some lady at St. James's.

Q. Chairman to the Marchioness of Donegal? - A. I have understood so; I do not think he had been four minutes in the house.

Cross-examined by Mr. Knowlys. Q. Are you the man that kept this house? - A. Yes.

Q. You are the very man? - A. Yes.

Q. These people were thirty or forty Irish? - A. Yes.

Q. Are you Irish yourself? - A. Yes.

Q. How long has this club been held at your house? - A. I cannot exactly say how long; I do not know how long the house has been a public-house.

Q. Ever since you have had the house? - A. Yes.

Q. What is the name of your club? - A. I know of no name for it, only people that behave friendly together.

Q. How long have you been in custody? - A. Two months, wanting three days.

Q. Do you remember such an expression as this-If you had known the officers had been coming, there should not a man of them have gone away alive? - A. I heard some such expression.

Q. Who made use of that expression? - A. That expression was made use of before Sir William Addington , at Bow-street.

Q. Upon your oath, were you not charged to be the person who made use of that expression? - A. I heard some people say so.

Q. Upon your oath, do you mean to swear that you never did utter them? - A. I advised them to take care of themselves.

Q. Who did you advise? - A. The officers, that would go freely along with them if they would"me be quiet.

Q. Upon you oath, what do you mean by advising the officers to take care of themselves -

Look at the Jury, and explain that? - A. I thought there would be no row at all if they would let me walk along, I would go with one man.

Q. If they did not let you go free, what was to follow then? - A. I did not know what would be the consequence.

Q. Upon your oath, do not you believe they were to be knocked down, if they did not let you go free? - A. No, I had not been there.

Q. My question to you is, how came you to advise them to take care of themselves? - A. Not to go where the row was in the street.

Q. Was there any row in the street when they took you? - A. We heard something of it at the other end of the street.

Q. Upon your oath, was there any row in the street when they took you? - A. I suppose not, because I was inside then; upon my oath there was not a row in the house till I got out of it; and when I got outside the door, I said, let us go this way, and take care of ourselves.

Q. Upon your oath, did you not say, that if you had known, there should not one of them come away alive? - A. Not at that time.

Q. At what time did you say it? - A. At no time that I know of.

Q. How came you tell me, that I did not say that at that time? - A. I did not say it.

Q. How many Irishmen had you in your house that night? - A. I did not go into the room that night to see how many were there.

Q. You cannot form any guess, unless you went up stairs? - A. No.

Q. You saw them come in? - A. I saw some come in and some go out.

Q. Then you have no kind of guess how many you might have? - A. No.

Q. How many since that time have been taken up as deserters? - A. I do not know of any deserters.

Q. Upon your oath, were there not two taken out of your house, and committed as deserters? - A. I heard so.

Q. Upon your oath, how many persons have been taken up in your house within a week of that time? - A. I cannot tell.

Court. Q. Have any been taken up within a week of that time? - A. There were not, as I know of; I never asked any body who or what he was.

Mr. Knowlys. Q. Do you mean to pledge yourself, upon your oath, that your house was quiet at the time this Cock and Hen club was going on? - A. There was not the least noise or falling out, or riot, in any company in the house.

Mr. Gurney. Q. You said to the officers, if they would let you speak, there would be no

disturbance? - A. Yes; I offered to go singly with any single man of them.

Q. And you heard a row near the door? - A. Yes, on the right hand side, and I advised them to turn to the left, and so they did.

Q. How many doors off might that be? - A. As nigh as I can imagine, it might be six or seven doors off; it was a very dark night, I could hardly see four yards before me; there were only three lamps in the street.

Q. How long is the street? - A. I suppose four times as long as this Court.

Examined by the Court. Q. Did you say any thing about music being in the house? - A. There was some music.

Q. What music? - A. A fidler.

Q. One fidler? - A. That was all.

Q. Only one fidler? - A. Only one fidler.

Q. Was there any other music there? - A. No other music.

Q. How long had that club met at your house? - A. I cannot tell; they had been in the house about three or four minutes.

Q. Then they met at your house during the time you kept it, till that day? - A. Not during the whole time.

Q. Did they meet once a week? - A. Not every week.

Q. Had they always music? - A. Always music.

Q. How many danced at a time? - A. I cannot exactly tell.

Q. Were there ever so many as fifty? - A. I dare say there might be fifty, I cannot exactly tell how many.

Q. Do you think there might be a hundred? - A. I cannot exactly tell how many; the room would not contain a hundred.

Q. Had you generally music? - A. Sometimes there might be music.

JOHN HARRIS sworn. - Examined by Mr. Gurney. I am a carpenter and undertaker, in business for myself, I keep a house in Swallow-street: On the 26th of December, I was drinking a glass of rum and water, in the parlour, at Mr. Flannery's.

Q. In what manner did the officers come into the house? - A. I had been there about ten minutes, and the officers came in, I heard a great noise like the rustling of so many horses; after that, several men came into the room, six or seven, to the best of my knowledge, they had got cutlasses in their hands; they then laid hold of the landlord of the house, and he asked what it was for; he said he would go quietly with them, not to use him ill; they said, come, come, that will not do, and endeavoured to handcuff him; they had a long tussel, and after that, they got him down upon the floor, he got up again; he asked them repeatedly again, what it was for, and said he would go with them, he had done nothing amiss; they then had another struggle, and after that they handcuffed him, and got him down a second time; and after he was handcuffed they opened the door.

Q. When they got him down, was any thing done to him? - A. To the best of my knowledge, two of them learned upon his stomach with their knees.

Q. Did you know who the men were? - A. I did not, they were two of the patrol.

Q. Was Flannery at all hurt? - A. He was, with a staff, to the best of my knowledge.

Q. Was he hurt any where else? - A. I cannot say.

Q. Had he any weapons at all? - A. No; they had cutlasses; they then handcuffed me; there was another person that they handcuffed with me, and then they took us out of the house together; I repeatedly asked what it was for, and could not get any intelligence; they took us to Covent-garden watch-house.

Q. Were you doing any thing more than drinking a glass of rum and water quietly? - A. Nothing more.

Q. Who was it began the disturbance and riot? - A. The officers.

Q. Would there have been any disturbance if they had not come? - A. None in the world; I did not know there had been any body else in the taproom.

Cross-examined by Mr. Knapp. Q. You did not know there were any persons up stairs? - A. No.

Q. Nor did not hear them? - A. No.

Q. If there had been thirty or forty persons in the room you must have heard them? - A. I did not hear them at all; I had not been in the house ten minutes.

Q. You never heard the fiddle playing? - A. No.

Q. Did you hear any dancing? - A. No, I did not.

Q. Upon your oath, did you hear any noise over your head arise from dancing? - A. None in the world.

Q. Then the only disturbance was the officers coming in, and the resistance of the landlord by a struggling with them? - A. Yes.

Q. And you heard nobody come down stairs from the club-room at all into the parlour where you were? - A. No.

Q. Had you ever been in that house before? - A. Once.

Q. You never heard of this Cock and Hen club kept at that house? - A. No.

Mr. Gurney. Q. Did the landlord resist for any other reason than because they would not tell him what they wanted him for? - A. Nothing else.

The prisoner, Sullivan, called eight, Brian three, and Holland six witnesses, who gave them an excellent character for peaceable and quiet behaviour.

Summing up.

Mr. Justice Grose. Gentlemen of the Jury. This indictment charges the prisoners at the bar with the most serious and heavy offence, of which, during your attendance here, you have had occasion to enquire; indeed, it is the most beinous offence that can exist in society: that of one man committing murder upon another.

Gentlemen, at the outset of this business, there were ten persons who were accused of this crime, but the candour of the Counsel for the prosecution have eased you and me of some trouble, because, they have fairly acknowledged, that the evidence is hardly so strong against six out of the ten as to induce them to expect you to convict; for, undoubtedly, nothing but proof, amounting to clear conviction, in the minds of a Jury, ought to convict any man of a crime, more especially so heinous and important a crime as that of murder.

Gentlemen, I will state to you, in a very few words, what I take the law to be upon this subject; and I will then state to you what the question for your peculiar attention is; I will then read to you the evidence, and in going through that evidence, I will make, as I go on, such remarks, upon what the different witnesses may say that at all comes home to the point in question, as seems to me material, or that will at all direct your verdict. Gentlemen, the crime of murder is the killing a man of malice aforethought, as it is said; and, Gentlemen, wherever one man is proved to have killed another, the law presumes malice; and it is then incumbent upon that man, against whom the killing is proved, to shew, by evidence, that it does not amount to the serious crime of murder, but that it is either manslaughter, or self defence, or something or other which may fairly justify the person who committed the act, in doing what he did.

Gentlemen, In the present case, much has been said to you, and cases have been cited to you, (all of which I have no sort of objection to your recollecting, as far as you can) to induce you to suppose that the law of those cases is applicable to this case, that these prisoners are not guilty, upon the ground, that they interfered only for the purpose of rescuing some people who were illegally taken up. Now, Gentlemen, upon that subject, I will not enquire whether this warrant was perfectly legal or not; perhaps there might, in strictness, be some objections to the warrant, but still, if a man is taken up by an illegal warrant, and the person who takes him up, after the business is over, goes about his business, and there is an end of it, why no other man has a right to suppose he is to go and kill the person who has executed the warrant, and, therefore, the question in this case is not the question that was made in some of the cases you have heard; for in those cases, the persons were endeavouring to rescue others illegally taken up, and in the course of that rescue it happened that somebody or other was killed; the Jury, upon that occasion, said, or the Court said, that that was not that sort of killing called murder, but that it was manslaughter; now I take the present question to be of another sort, and if it is not of that sort I tell you, you should acquit the prisoners, which is this: I take the question to be, whether that which has been done, supposing it to be done by the prisoners, has not been done in prosecution of a premeditated design in the prisoners, or some of them, to weak their vengeance upon the constables, and, in so doing, this murder was committed. You will therefore consider, whether the killing of this man, which I tell you is murder, till the contrary is proved, has not happened from a premeditated design in the prisoners to wreak their vengeance upon the constables, and desiring so to wreak their vengeance upon the constables, this accident has happened; for after this business was over, that is, after these people were taken into custody, these persons being in the house, and there being no person to rescue, they violently, and with cutlasses, did that from which death ensues, why, to be fare, there is no pretence to say that that was for the purpose of rescue; but it was for the purpose of wreaking their vengeance upon them for something they did not like. I wish you, therefore, to attend to this: whether they did it for the purpose of rescuing; if you think so, you will tell me so, or say they are only guilty of manslaughter; but if they did it not for the purpose of rescuing, but from some premeditated malice, entertained by them against the person of the deceased as one of the officers, then, to be sure, the case differs from all those circumstances you have have had read to you, and it is in point of law murder; and therefore I wish to put the question to you, whether you think the prisoners have done it in consequence of premeditated malice, for the purpose of wreaking their vengeance upon them, for having done that which was not perfectly agreeable to them. Now, I will read to you the evidence, which is pretty long, in the best manner I am able.

(Here the learned Judge summed up the evidence for the prosecution).

Gentlemen, This is the evidence on the part of the prosecution; and now, Gentlemen, in order to induce you to believe, either that this evidence is not true, or that the officers were the only persons to blame, and that this sort of accusation against the prisoners at the bar is not at all founded, they call two witnesses, or three, whose evidence I will read to you; (reads it). Gentlemen, this is the evidence on the part of the prisoners; to contradict the fact, or to make such impressions on your minds as it ought to make, to induce you to believe, that in reality what has been deposed on the part of the prosecution is not true; the other evidence that has been brought, has been to the character of the witnesses, and I will read you that: (reads it).

Now, Gentlemen, this is the evidence to character; and all I shall say upon the subject of character is this: if, upon considering the circumstances of the case, you are doubtful whether the prisoners are guilty, take what has been said of their characters into your consideration, and if you think it sit to weigh in favour of innocence, let it have its weight; at the same time, it is my duty to make one observation: that it is extraordinary that all these prisoners should have had the character of being sober, honest, and quiet, quiet in particular, when they are found, on the 26th of December, at night, collected together in the form of a club, forty or fifty of them, a Cock and Hen club, with dancing, and singing, and fiddling, and doing what you have heard done; at the

same time, as far as character can go, let it weigh with you; why then the question is, whether the accident that has happened to the unfortunate deceased was not in consequence of something done in prosecution of a premeditated plan, for the purpose of wreaking vengeance upon the constables, and not for the purpose of rescuing any one.

Gentlemen, you find, with respect to Brian, no less than six witnesses who speak to him, and you find their evidence introduces him, first in the street with a stick, committing violence before the disturbance took place in the tap-room; next you find him in the tap-room; and then you find him in the same street after the disturbance took place. Gentlemen, you recollect the whole of his conduct, I will not repeat it to you, but you will judge from his conduct, and from the conduct of the rest, whether the whole of this scene did not proceed from premeditated malice against the officers, who were doing their duty in executing, as far as they could, this warrant, legal or illegal, for I put it so to you; and you will recollect, it appears, by the majority of the witnesses, that at the time that these men, I mean the persons who are at the bar, and the other persons, went into the tap-room, there was no pretence to say, when the mischief happened to the deceased, there was a creature they could liberate, the persons were all gone; and if the purpose of liberating any body had been their purpose, we should have heard who they had liberated; but if it was their purpose to liberate, what occasion had one or two persons to give the officers severe blows, such as might have put an end to others as well as this man; and what occasion was there to have struck this poor creature who is dead upon his legs, upon his arms, and other parts, which there is no occasion to mention; but that is not all, for this man was not the particular object, for almost all the officers, called to you, one or other of them, as they happened to be in the tap-room, received different blows from different parts of this party, who were combined together for the purpose, that I think you see very clearly. Well, thus it stands as to Brian; with respect to him, it seems the strongest evidence that is given.

As to Donohough, you will recollect what they say respecting the swing of the stick; it is strong, but not the same number of witnesses as respecting Brian; the witnesses who speak to him are, Miller and Smith; you have heard the evidence, I will only take notice, that there are not so many different acts proved with respect to him as with respect to Brian. With respect to Holland, I make the same observation; as to him, Miller is one witnesses, to be sure, a very strong one, and Egan is another witnesses, and the facts are very strong, if you believe the evidence, when I observe, that with respect to one there are six witnesses, and with respect to another only two; I do not mean that those two witnesses may not prove facts as decisive and as strong as the others; but I think it my duty to state that circumstances to you, that there are not so many witnesses; one of them proved a very strong circumstance indeed, the circumstances of striking a blow upon the leg, which was confirmed by she surgeon.

With respect to Sullivan and, the character you have heard, there are no less than time different witnesses; one of them proves him to have been in the mob, and apparently consulting and concerting what should be done. Now these are the witnesses who say any thing material with respect to the prisoners, I have stated to you the evidence, and, if you are satisfied that that which was done was done in prosecution of a premeditated plan and design for the purpose of wreaking vengeance on the constables, then undoubtedly it is murder; if you can believe it was done in consequence of any other plan, if there is any thing which can justify you in saying that their crime is manslaughter, according to that which has been argued by the Counsel for the prisoners, and not murder, why then, in that case, you will say they are guilty of manslaughter, and not of murder, but you will observe the difference: I stated to you, that those cases which were stated from the different books were cases in which rescue was attempted of made, and the death happened pending the rescue: then apply all that, and find, if you can, an attempt to rescue; you cannot, according to my idea, but it is for you to determine: it cannot be contended, as it seems to me, that it was done in prosecution of such an attempt; at the same time, if you have the least reason in your minds to say it was not done with that premeditated malice, you must find them guilty of manslaughter: but, remember how material it is in this great town, that the peace should be preserved, and how material it is, that persons, if they will meet in such clubs, should keep themselves quietly, soberly, and according to law, I say, if you recollect that, and then attend to this evidence, and are satisfied in your own minds that these men had the pernicious, premeditated plan, of doing mischief to the officers, and not of a rescue, then your duty to the public calls upon you to say they are guilty of murder, and not of manslaughter. However, you will lay your heads together, and I am very happy to observe, in a case like this, that you have given such attention as you have given. I am firmly persuaded, that when you lay your heads together, your verdict will be formed upon good sense and justice, and that, with that verdict, the public will be perfectly satisfied.

Timothy Brian , GUILTY Death .

James Barry , NOT GUILTY .

Patrick Holland , GUILTY Death .

Daniel Driscoll , NOT GUILTY .

George Romsey , NOT GUILTY .

Cornelius Donohough , NOT GUILTY .

John M'Carty, NOT GUILTY .

John Sullivan , GUILTY Death .

Hannah Brian , NOT GUILTY .

Eleanor Hern , NOT GUILTY .

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

Reference Number: t17990508-22

285. THOMAS CARTER and SUSANNAH HARRISON were indicted for feloniously breaking and entering the dwelling-house of Daniel Wade , with intent the goods and chattels of steal, and stealing one silver watch, value 20s. two silver table-spoons, value 10s. six silver tea-spoons, value 12s. two silver salt-spoons, value 2s. two gold rings, value 5s. two pair of drop ear-rings, value 6s. a pair of scissars, value 3d. two cambric hand

kerchief, value 6d. a blue silk petticoat, value 5s. a damask table-cloth, value 4s. one cloth cap, value 2d. a chintz gown, value 3s. three pieces of gold coin, called guineas, one piece, called an half-guinea, thirteen pieces of silver coin, called shillings, and eleven pieces of silver, called sixpences, a small piece of silver coin, value 2d. and various other articles of property belonging to the said Daniel .

(The case was opened by Mr. Knowlys.)

DANIEL WADE sworn. - Examined by Mr. Knowlys. Q. Where do you live? - A. In Cromsby's-row, Stepney, in the parish of Stepney Old Town .

Q. Did the prisoner, Harrison, live with you as your servant , at the time your house was robbed? - A. Yes, about ten weeks.

Court. Q. Is your house in Mile-end? - A. It is in what they call Old Town, it is in the parish of Stepney, it is called St. Dunstan's.

Mr. Knowlys. Q. When your house was robbed, between the 10th and the 11th of April, how many did your family consist of? - A. My wife, myself, the servant, Harrison, and nobody else.

Q. Was your wife, at the time, able to go about your house? - A. With a great deal of help, she could walk about the room.

Q. What time did you go to bed on the night you were robbed? - A. I believe about nine o'clock; we generally go to bed between nine and ten; my wife and I went to bed nearly together.

Q. Did you leave your servant up? - A. She always went to bed after we were gone to bed.

Q. Was the house in a state of safety when you went to bed, were the doors shut? - A. They were, I had not taken any particular notice of them, but I did not observe any doors open; between four and five o'clock I received an alarm, that my house had been robbed, it was about day-break; I did not get up directly upon the alarm, I was very ill, and my wife got up first; it might be three quarters of an hour before I got up.

Q. When you got up, did you observe what had been taken away? - A. I cannot say in particular that I missed any thing just at that time.

Q. How soon did you miss any thing yourself? - A. As soon as I came down stairs, I found the drawers were stripped in my parlour, and the drawers locked again; they were locked before I went to bed; they had been opened by the keys belonging to them, by taking my wife's pockets from under her head.

Q. Where were the keys of those drawers on the night before the house was broke open? - A. In my wife's pockets, she always carried them to bed with her.

Q. Where were those pockets kept in the course of the night? - A. Always put under her head.

Q. When you got up in the morning, were the pockets under the head of the bed? - A. No, the pockets were taken out and carried down into the parlour, and there emptied of every thing in them.

Q. Did you keep any thing else under the head of your bed? - A. I had my watch under the head of new bed, and I am sure I had it that night, and it was missing in the morning.

Q. Did your servant, Harrison, know that you kept your watch, and your wife her pockets, under the bed's head? - A. Yes, she did; I will tell you how she came to be acquainted with this; when she came to help her mistress up, I asked her to take the watch from under my head, to see how the watch and clock agreed; this she had done eight or ten times.

Q. Was any thing else lost from under the head of your bed, besides these pockets and watch? - A. Yes, the keys, and there was money in my wife's pockets, three guineas and a half in gold.

Q. When you went to bed, did you see any money at all in your wife's pockets? - A. No, that is what my wife told me.

Q. Was any thing else in her pockets, besides the keys? - A. There was some silver besides, I saw it; there were nine shillings and sixpence of new money; I know that of my own knowledge.

Q. Did you see any pin-cushion? - A. I saw the pin-cushion on the night of the robbery, when the maid undressed my wife.

Q. Where was that pin-cushion left in the night? - A. It was in my wife's pocket, under her head.

Q. When you got up in the morning, did you see any thing of your wife's pockets or pin-cushion? A. No.

Q. Did you see it in the course of the day? - A. It was found in the course of the day, hid under the prisoner, Harrison's bed, by the side of an old window-blind, between that and the wall; there were a good many other things found then, but I cannot tell what; there were pieces of new linen cloth.

Q. Who was present when that search was made? - A. One of the officers.

Q. Did you perceive any thing particular about the house? - A. I cannot say I perceived any thing particular; there were the candlestick and things stood about the room as there had been every morning, and the breakfast things upon the table.

Q. How much was your loss altogether do you think? - A. It might be between fifty and sixty pounds altogether.

Q. Did you lose those articles mentioned in the indictment, I will state them - A. Silver watch, two silver table-spoons, six silver tea-spoons two silver salt-spoons, two gold rings-were work any

particular mark about the gold rings? - A. They were my wife's; in one of them was my picture.

Q. Has that been found since? - A. Yes.

Q. Two bead necklaces, do you know that they were lost upon this occasion? - A. Yes; they were removed from where they had been.

Q. Three pair of ear-drops, two pen-knives, a pair of scissars, a silver thimble, a huswife, seven muslin handkerchiefs, two cambric handkerchiefs, one black silk cloak, two pair of dimity pockets, four cloth caps, a wooden trunk, a black silk gown, one dimity petticoat, one blue silk petticoat, a bombazeen gown, another blue silk petticoat, a damask table-cloth, one linen shift, a chintz gown, and thirteen pieces of silver coin? - A. There was a silver coin besides these, of the value of two-pence.

Q. Cross-examined by Mr. Gurney, Q. Tell me how lately you had seen these things-for instance, how lately had you seen the silver table-spoons? - A. I might not have seen them for a week.

Q. The salt-spoons, perhaps, you had? - A. I don't know that I had seen them for a month.

Q. The gold rings? - A. I don't know that I had seen the gold rings for longer than a month.

Q. The bead necklaces, when did you see them last? - A. Not for a month before.

Q. The ear-drops? - A. I had not seen them for a good while before.

Q. The muslin handkerchiefs? - A. I had seen some of them, I dare say, somewhere about a sort night before.

Q. The two cambric handkerchiefs? - A. I cannot particularly say when; I had seen them for months before.

Q. The black silk cloak? - A. I had seen that about a fortnight before.

Q. The three cloth aprons and the dimity petticoat? - A. I had not seen them for some time.

Q. The cloth caps? - A. I have seen cloth caps every night, but not them, perhaps.

Q. The shoes? - A. I had not seen them for a fortnight.

Q. The muslin petticoat? - A. I had not seen that for some time.

Q. The bombazeen gown and a pair of silver shoe-buckles? - A. I may not have seen them for several months.

Q. The green silk petticoat? - A. I had seen that about three weeks or a month before.

Q. The flannel petticoat? - A. I had not taken notice of that.

Q. You speak to the loss of some of these things from the inscrumation of your wife? - A. Yes.

Q. The damask table-cloth? - A. I had not seen that for a month.

Q. The chintz gown? - A. I had seen that about a fortnight or three weeks before.

Q. How lately had you seen these silver pieces of coin? - A. In the course of a week.

Q. As to the loss of these articles of wearing apparel, you speak from your wife's information? - A. Yes.

Q. And if she had not informed you, you would not have known it? - A. She told me that she had such and such things, which were not there then.

WILLIAM BROWN sworn. - Examined by Mr. Knowlys. I live at No. 10, Cromsby's-row, next door to Mr. Wade.

Q. Will you tell us what you observed? - A. I got out of bed about half past four o'clock, to look at the weather.

Q. Was it day-light at that time? - A. It was just grey-light, not fairly day-light.

Q. Was it light enough, at that time, to distinguish the features of a man? - A. Not at that time, if he was at any distance.

Q. What did you observe, when you were looking at the state of the weather? - A. I saw something lying in my own garden, which I supposed to be a box.

Q. Is there any sence which divides Mr. Wade's yard from your's? - A. Yes, a brick wall; I put on some of my clothes, and went down to it, and found it to be a trunk; I took it up to my bedroom, it appeared to me to be full, I did not open it.

Q. What became of the box afterwards? - A. I carried it back to Mr. Wade's, it was never examined in my presence; I delivered it to the prisoner at the bar; I went to bed again, and was nearly going to sleep, and I heard some noise which disturbed me.

Q. How long might that be? - A. I should think it was nearly half an hour, not so much, perhaps; I then looked out of the window, and, in a few minutes, I heard a woman scream out, and cry murder, several times; I then put on my shoes, and went to the window, and saw Susannah Harrison leaning out of her master's window, and I found she was the person that made the alarm.

Q. In consequence of this alarm, where did you go to? - A. I asked her what was the matter, and she said somebody was in the house; I put on some of my clothes, and called my brother to get up; I went to the front of my own house to look at Mr. Wade's house, which was close shut, all fast, and secure at that time; I then went back into my own garden, and called to Harrison, and asked her how I could get in; she said, if I could get over, the back door was open.

Q. Did you get over? - A. No.

Q. Were you present when your brother found your back door open? - A. It is a gate which goes into the passage, my brother pushed it open; my brother got first to the back door.

Q. Were you in sight? - A. I was; I saw my brother hit it with a stick, and it went open.

Q. What did you perceive then? - A. When I got into the house, it appeared very dark; not being used to the house, I asked Harrison to give me a light; she said, yes, she would give me one; she was up stairs in her room, I suppose; I did not see her, but I spoke to her.

Q. When you saw her at the window, did you observe whether she was dressed or not? - A. I did not take any particular notice one way or the other; after she came back, she said her candle was gone, and she immediately came down stairs, and opened one of the parlour windows.

Q. When she came down stairs, how was she dressed? - A. I did not take any particular notice of her dress, she had part of her clothes on, I cannot say what part, she was not fully dressed, she had a gown on and a flannel petticoat.

Q. What passed then? - A. After she had opened one parlour window, and going to open the other, we heard a noise, which very much frightened her, I was afraid she would have sainted away; I opened the other parlour window, and then opened the kitchen window.

Q. After you had opened the kitchen window, in what state did you observe the rooms? - A. I looked round, and saw nobody, but there was a bundle lying in the passage, which, she said, were sheets.

Q. Did you afterwards examine it, to see whether they were sheets or no? - A. No, I did not; I know nothing of it any farther; she then said, that all her clothes were gone; I went out of doors, and took up a bundle lying there, and said to her, perhaps these are your clothes, this was about two yards from the door, the back side of the house; she said, no, that was dirty clothes; I then told her I had found a box; and she said, it was her mistress's.

Q. Where did you leave that box? - A. I gave it to her, and she carried it up stairs; I then left them, there was nothing more passed.

Q. While you were in the house, did you observe any bottles or candlesticks? - A. I did not take any particular notice; there were some things on the table; I saw a candlestick broke, with the bottom off, and a piece of candle burnt down near to the socket, it appeared to have guttered and run down; I then went home.

Q. Had the officers been sent for before you went away? - A. Not to my knowledge; that is all I know.

Cross-examined by Mr. Gurney. Q. You say, at the time you first went down, it was not very light, not light enough to distinguish the features of a man, without you were close to him? - A. No.

Q. How far was that box from the window? - A. I think it was from ten to fifteen yards, but I could not distinguish what it was.

Q. How soon was it before you were alarmed, after you looked out of the window? - A. It was near half an hour.

Q. When you saw Harrison, my Friend asked you about her dress? - A. I observed that she held her gown round her, and I saw her flannel petticoat under her gown.

Q. Then what she had on, might have been put on in a minute? - A. Yes, certainly.

ROBERT BROWN sworn. - Examined by Mr. Knowlys. I am a constable, belonging to the Police-office, Shadwell.

Q. What time were you sent for to Mr. Wade's house? - A. About eleven o'clock in the morning, Mr. Wade came to the office; I, in company with Cooke and Holbrook, went to examine Mr. Wade's house, to see how it had been attacked; we examined the front door and windows, and the back windows, and we found no violence whatever; at the maid-servant Harrison's window, we observed it broke, it was up stairs; we tried to see whether we could get out hands in at the hole of the window, and unfasten it, but we could not; we were very well satisfied then that the prisoner must be concerned in it, then we left the house; Mr. Wade had sent the prisoner, Harrison, off upon an errand, and we watched her back to the house.

Q. Was there any thing more observed-Did you see where she went to? - A. No, I only watched her home.

Court. Q. Where did you see her first? - A. We saw her about a hundred yards from the house, returning home; she might have been sent out an hour or two; I was not present when she went out; we followed her into the house, and brought her into the parlour; we told her, from the information we had received, and the window being broke in that manner, we suspected her to be concerned; she seemed a great deal frightened.

Mr. Gurney. Q. And did you not add, you had better tell? - A. No, I did not; then we took the prisoner, Harrison, into her bed-chamber, in company with Mr. Wade; upon the teller of the bed we found two neck-cloths and two handkerchiefs, a red pocket-book, a piece of new Irish cloth, and a pin-cushion.

Q. Where did you find that? - A. By the side of he maid-servant's bed, behind a window blind, close to the wall; I was obliged to take away the blind before I could take it up; that is all I know upon he 11th.

Court. Q. Did you see in what state any candle or candlestick was? - A. No, I did not; on

the 16th I went to Thomas Carter 's house; I went there by the information of the prisoner, Harrison.

Q. Did you find any thing at Carter's house? - A. Yes, I did, a great deal of property.

Q. Tell us what information she gave you? - A. She told us to go to a gentleman's, a friend of her's who keeps a public-house in Rosemary-lane, and if that friend would come down, she would tell the facts to him.

Q. Did you find that friend of her's? - A. I did, I cannot tell his name; he went with me and Cooke to the prisoner, Harrison.

Q. When you had brought her forward, tell us what Harrison said? - A. The gentleman went with the prisoner, Harrison, into a room by himself, and after he had been there about ten minutes, he called Cooke and me into the room; then he began telling us where the property was in her hearing; he told us it was at one Thomas Carter 's, who lived in Church-place, Church-lane, Whitechapel; the next morning, about four or five o'clock, upon the 16th, I, in company with Cooke, Holbrook, and Haynes, went to Carters's house.

Q. Did you go to the place where she described this Carter to live? - A. Yes, we did.

Court. Q. What time of the morning? - A. Near about four or five o'clock; Carter got up, and says he, I know what you are come for; we went up stairs into his bed-chamber, and we found a quantity of wearing apparel, which I now produce, in a bundle, tied up together in a chintz gown.

Q. Did you say any thing to him, or did he give any account how he came by it? - A. He said the girl had either sent it to his house or brought it to his house; I know nothing more than finding the property. (That part of the property produced which was found at Carter's house).

Court. Q. Was all that, in the chintz gown, found at Carter's? - A. Yes, this is the chintz gown; here are the silver buckles.

Mr. Knowlys. Q. Did you afterwards make any further search in Mr. Wade's house? - A. Yes, we did.

Q. By whose directions did you make that further search in Mr. Wade's house? - A. By the directions of the prisoner, Harrison-she said, there was the silver spoons, a watch, and money, in a box under the dresser in the kitchen.

Q. Did you find any thing in the place she described? - A. I found this box, and likewise this box, (produces them); and a bundle of white handkerchiefs, all under the dresser.

Q. What is contained in these boxes? - A. Here is a watch, two rings, six silver tea-spoons, two salt-spoons, two table-spoons, three guineas and a half in gold, thirteen shillings in shillings, and eleven sixpences; I searched further, in the back-kitchen, by the directions of Harrison, and in a carpet, I found these articles, a silver thimble, a quantity of half-pence, three white aprons, and a pair of white stockings; that is all I know of the business.

Cross-examined by Mr. Gurney. Q. Now, the first conversation the prisoner had with any person was with her friend? - A. Certainly.

Q. You don't mean to state that these things, which were at Carters's, were taken that night or in the morning? - A. No.

Q. Did she not state that some things had been taken there before? - A. She did not mention to me that the things were taken that morning.

Q. Do you mean to say that she ever described any part of the things that had been taken to Carter's were taken that morning? - A. No, she never did.

Q. And never did described any person of the name of Carter to have been there that morning? - A. No.

Mr. Alley. Q. What distance might Carter's house be from the house robbed? - A. It might be half a mile; one thing I omitted, which the prisoner, Harrison, told me concerning the key I found in her pocket, she said that Carter's wife gave it her to unlock at closet.

Q. You went to Carter's house four or five days after the robbery? - A. Yes.

Q. She did not tell you that the things, which had been taken to Carter's house, had been taken at that time? - A. No, she did not.

JOSEPH HAYNES sworn. - Examined by Mr. Knowlys. I am one of the constables belonging to Shadwell-office: I went to the prisoner Carter's house with the last witness, Brown.

Q. How came you to go to the prisoner Carter's house, did you see the prisoner, Harrison, before you went to Carter's? - A. No, I did not; I went with my fellow-servant, it was near about four or five o'clock in the morning, on the 16th of April; upon Brown's knocking, Carter looked out at the window, and said to Brown, in my hearing, I know what you are come for; I found in his bedroom a bundle tied up of wearing apparel.

Q. What was it tied up in? - A. I cannot tell what, it was a spotted something, it seemed to be a piece of linen, that I brought away; I know nothing more of it.

Q. Did you afterwards go to Mr. Wade's house with Brown? - A. I did; I was not present when he found any thing backwards; upon the tester of the bed I found this parcel.

Court. What I want to have proved, is, the time when they were last seen in the prosecutor's house.

Mr. Alley. Q. You say Carter had told you he knew what you were come for? - A. Yes.

Q. This was five or six days after the robbery, therefore it was likely an account of this robbery had got about the town? - A. Most likely it had.

Q. Do you understand that he is a man employed by the East India Company? - A. I never heard it only from himself.

Court. Q. Whereabouts in the house was it? - A. Close to the bed's-foot, tied up in the chintz gown.

ANN YOUNG sworn. - Examined by Mr. Knowlys. I live in Cromsby's-row, just by Mr. Wade's.

Q. Look at that chintz gown, and tell me whether you know any thing of it? - A. I know it, I made it for Mrs. Wade; I knew it by the work when I saw it in the office.

Q. When did you make it? - A. The latter end of last summer; I don't know that I have seen it since.

Q. (To Mr. Wade.) Do you recollect seeing this chintz gown, and how lately before you were robbed? - A. It might be a month, or six weeks before.

Q. Can you speak to any other articles of apparel? - A. I know that is my wife's gown.

Court. Q. What I want to know is, can you tell us the last time you saw any of these articles; had you seen any one of them the day before? - A. No, not so late as that; I believe the chintz gown was the latest thing I saw, and that is a month or six week; some of them I am sure I had not seen for a great while.

Mr. Alley. Q. I understand you to say that the chintz gown was the last thing you saw? - A. Yes.

Mr. Knowlys. Q. Can you tell us whether there is any of your property in this box; here are the table-spoons? - A. They are mine, there is my name upon them; that penknife is mine. - (Another box produced). This is my watch.

Q. Is it worth twenty shillings? - A. I hope it is worth forty shillings.

Q. What is the value of these two spoons? - A. The two table-spoons cost me six and thirty shillings.

Q. Here is some money? - A. There is some of both new and old silver; I can speak particularly to the new money, there is nine shillings and sixpence I know, my wife had it in her pocket, I have seen it a dozen times, it is in this King's reign, it was money that my son made my wife a present of at Christmas.

Q. Do you find a pin-cushion in that parcel? - A. It is not here. - That little box in mine, there is one ring in it; and in another box is the ring which bears my picture; the other is a garnet ring.

Mr. Gurney. Q. You say you went to bed and left your servant up? - A. Yes.

Q. The fastening of the doors and windows were left to her? - A. Yes.

Q. And you did not stay to see whether they were fastened or not? - A. I cannot say I did.

Q. Therefore you cannot say whether the back door was fastened or not? - A. No.

Court. (To William Brown .) Q. You have told us of a box you saw in your garden in the morning, how large was that box? - A. Here is the box.(Produces it).

Court. Q. That is such a box as the woman could carry out? - A. Yes, it is of no great weight.

Mr. Alley. My Lord, I submit to the Court, that there is not sufficient evidence to support the specific offence charged against the prisoner, Carter, on this indictment, he living at the distance of half a mile from the place where the offence is stated to have been committed, nobody having seen him near the place at the time; and five days having elapsed before the officers went to his house.

Court. It is not for me to determine whether that prisoner has committed a burglary or not, the Jury must decide that; and to support the charge, there is sufficient evidence to go to the Jury. - Melancholy indeed would be the state of the subjects of this country, if, because a man robs a house in the dark, and nobody fees him, he is not to be convicted.

Mr. Knowlys. I don't know whether Mr. Wade spoke to the shoe-buckles that were found in the prisoner's, Carter's, house?

Prosecutor. I do speak to the shoe-buckles.

Prisoner Carter. (To Robert Brown .) Q. When you came to my house, and called me, I came down immediately; and did not you ask me if I knew Susannah Harrison , and I said, yes? - A. I might ask him that question, but I cannot be positive.

Court. (To Robert Brown .) Q. What was his answer? - A. He might say, yes.

Prisoner Carter. I said to him, Mr. Brown, I know the woman, and I have something of her's left at my house.

Court. Q. Did the prisoner, Carter, say - that he knew the woman, and that he had something of her's left at his house? - A. I believe he might say something of that sort.

Court. Q. Why did you not tell us that before? - A. At the same time he said, I know what you are come for.

Q. Did he tell you, really, where they were? - A. I did not mind that he did; we were all four together.

Q. You say the things were near the bed's-feet? - A. Yes; the chintz gown was upon the floor.

Mr. Alley. Q. It laid tied up in a bundle at the foot of the bed, open and visible? - A. Yes.

Prisoner Charter. I likewise beg to ask the wit

ness, if I did not say, will you chuse to have my wife's boxes opened?

Court. (To Robert Brown .) Q. Was that so? - A. It might be so.

Prisoner Carter. I asked him if he would please to have my wife's boxes opened.

Court. (To Robert Brown.) Q. Were these the words? - A. I believe it was so; we told him we thought there was the whole quantity by the appearance of it.

Prisoner Carter. I likewise opened a small parcel I had, which was going to my daughter's in Scotland.

Brown. I did not see it.

Haynes. The good man said, I will open any place you have a mind to look at, and accordingly we looked; and he hauled out a little bundle, and said, that bundle he was going to send to his daughter in Scotland; then he came down stairs and shewed us all about the closets.

Court. (To Haynes.) Q. And you found nothing at all that the prosecutor claimed, except those things wrapped up in this chintz pattern? - A. No.

Court. (To Prisoner Carter.) Q. You have nothing else to say? - A. No my Lord.

Three witnesses were called, who had known Carter from two to seven years, and gave him a very good character.

Court. (To Prisoner Carter.) Q. Have you any thing to say respecting how you came by these things?

Prisoner Carter. A. I know no more than the things were left with my wife. I have known my fellow-prisoner, and her father and mother, for two years and upwards, and I never heard any bad character of them; and I did not think the girl came any ways dishonest by the things.

The prisoner, Harrison, did not say any thing in her defence.

Harrison, GUILTY Death . (Aged 17.)

Carter, NOT GUILTY .

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

Reference Number: t17990508-23

286. JOSEPH HUFF and JAMES KENDRICK were indicted for feloniously stealing, on the 3d of April , a bed-quilt, value 4s. the property of John London .

MARY LONDON sworn. - I am the wife of John London : I know the prisoners at the bar, they came into my shop, on the 3d of April, to buy a shirt of me, and a pair of stockings; my husband is a carpenter , and I keep a clothes-shop; I told Huff I had no shirt, and they went out of my shop; they came back about nine o'clock in the evening, for a pair of stockings, James Kendrick tried a stocking on his left leg, and they were two short for him, and he gave me them back again; he then took a quilt from the table, at the end of the counter, and went out directly, and Joseph Huff followed him, and shut the door in my face, so that I could not go out fast enough after them; I then called out, stop, young man, leave the quilt; I ran down the street, but could not stop them; I saw no more of them till Friday. I saw my husband take Joseph Huff up, and I said he was one of the young men that took the quilt; he then made me have Huff taken up on the Friday following; I went down to the office, and I said that was the person.

EDWARD SMITH sworn. - I am an officer belonging to the Public-office, Lambeth-street, Whitechapel: On Friday the 5th of April, a person came to the office for a warrant to take a person into custody; I went to take Joseph Huff ; he acknowledged having been in company with Kendrick at Mrs. London's house; in consequence of information I received, I went to take Kendrick, but could not find him; Armstrong sent to me to say Kendrick was apprehended; I then went to take him from Armstrong, who had apprehended him. Kendrick denied the charges at first, but when I told him that Huff was in custody about the quilt, he cried, and said he did take the quilt, but he should not have done it, if it had not been for Huff; he said he sold it to an old cloaths-man for eighteen pence.

James Huff 's defence. I was in the ale-house, and this young man called me out, and he asked me to go, and take a walk with him; he saw the quilt, and he went into the shop, and took it, but the lady said, she could not swear to him at first, but afterwards did swear to him.

Kendrick's defence. I can say I never had any thing to do with it.

Huff NOT GUILTY .

Kendrick, GUILTY (Aged 16.)

Confined one year in the House of Correction , and fined 1s.

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

Reference Number: t17990508-24

287. RACHEL MATHEWS was indicted for feloniously stealing, on the 4th of March , a silver watch, value 20s. the property of Wm. Browne .

WILLIAM BROWNE sworn. - On the 4th of March, I was going along East-Smithfield, at nine o'clock at night, by Salt-petre Bank ; the prisoner said, young man, I wish you would go with me up this turning; I went into a lodging-house, I followed her; after she had taken the watch down stairs, and went out of doors, I asked the woman below, if she knew the woman, she told me she did; I went then to see for an officer, expecting

her return; I have never got it again, but I have received intelligence of it.

JOHN KNOWLES sworn. - I am an officer: On Tuesday the 9th of March I apprehended the prisoner.

NOT GUILTY .

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

Reference Number: t17990508-25

288. ESTHER BANISTER was indicted for feloniously stealing, on the 28th of April , a watch, value 5s. the property of Pierce James , privily from his person .

PIERCE JAMES sworn. - I am a journeyman hair-dresser : On the 28th of April, on a Sunday evening, I believe between Milbank-street, and Parliament-street, Westminster , this woman met me; I understood from her conversation, that she wished me to be connected with her; a few minutes after I was in her company, she went away, and I missed my watch; I went to the watchman, and told him I had lost my watch, and asked him if he knew the woman; the watchman went and produced the woman, and we went to St. Margaret's watch-house; I cannot swear she is the person who took my watch; some few minutes before I left the house, I looked at my watch, so that I know I had it when I left the last house I was in, which was the Bull, in College-street, Westminster; I saw the watch the next morning at the Police-office, Queen-square; when I saw the watch, I knew it to be mine.

BENJAMIN TIMBRELL sworn. - I am a supernumerary watchman: While I was going down Cannon-row, I saw a man and the prisoner together; I went a little forward to my box, in Cannon-row, and hung up my lanthorn, and a man came up to me, and asked me if I knew where that woman lived; I told him I did not, but I would enquire; I then took him down to the watch-house, and the constable of the night desired the two patrols to go with me to bring the prisoner forward; when we got to her lodgings, No. 26, Dartmouth-row, Westminster, we were answered from within that they could not open the door, for that they had no light; the patrols said, we have got a light if you want one, they then opened the door; the patrols went to the window immediately, the prisoner and a man were in bed in the room, they opened the window, and found the watch on the outside of the window; the patrol has it in his possession.

THOMAS BRADLEY sworn. - I am a patrol; I went to the house where the prisoner lodged, with the watchman and my partner, we went up one pair of stairs, I knocked at the door, the word was, who is there; it is me, open the door; I cannot; presently I heard a window go up and shut down again, and the door was opened; as soon as I got into the room, I opened the window, and found the property on the outside ledge of the window, here it is, (producing it); I have taken care of it ever since; I saw the prisoner and a man in bed.

Prosecutor. I know this to be my watch, Harper is the maker's name; I lost the key and a gilt chain the same evening.

Prisoner's defence. I picked the watch up in Cannon-row, just by a gate-way, and I took it up, and carried it home; I had not been in bed above twenty minutes before this man came and knocked at the door, when I put the watch out at the window.

NOT GUILTY .

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

Reference Number: t17990508-26

289. JOHN CLAYTON was indicted for feloniously stealing, on the 29th of April , a cloth coat, value 20s. a waistcoat, value 10s. a pair of breeches, value 10s. a pair of drawers, value 1s. a pair of silver knee-buckles, value 3s. a metal watch, value 40s. a metal acron, value 1d. a watch key, value 1d. and a cotton shawl, value 3d. the property of James Lupworth .

JAMES LUPWORTH sworn. - I am a baker , I live at No. 2, Carnaby-street, Golden-square : On the 29th of April, at four o'clock in the afternoon, the prisoner at the bar came to my house to go to one of my lodgers, of the name of Soper; he said, he had got a casement taking to Mr. Soper to be glazed, he being a painter and glazier ; about fifteen or twenty minutes after he was gone up stairs he came down stairs, and I saw him remove a bundle from one arm to the other, and said, as if he was speaking to the lodger, God bless you, good by, but the lodger was not there; he came to the door to go out, Mrs. Lapworth rather made way for him, and she saw her shawl under his arm; she said, bless me, sir, you have got my shawl; he made answer, and said, no, it is not madam, and went out at the door; Mrs. Lapworth then screamed out; he turn-round and spoke to her, and said, they were not her things; I jumped over the counter, and he was then going away as fast as he could; I pursued him, and I saw him throw the bundle away; I never lost sight of him, I took him by the collar, and brought him back; I then took him to the office in Marlborough-street; Mrs. Lupworth picked up the things, the bundle was opened before me; I can swear to the things, the coat, waistcoat, and breeches, lay on the bed; the drawers lay on a box by the side of the bed, in the same room; the shawl hung upon a chair on the other side of the bed, in the same room; the watch hung upon the wainscot opposite the foot of the bed; the front room door was open, and the door that goes out of the front room into the back room, I believe, was unlocked.

ABRAHAM BARRIER sworn. - I am a police-officer, belonging Marlborough-street: On the 29th of April, a person was brought to the office; I asked him if he had been searched; he said he had nothing; I searched him, and found on him a watch, the prosecutor said it was his property; I have had it from that time to this.

Q. (To Prosecutor.) Look at the watch, is that your property? - A. Yes, it is; I know it by a peculiar maker, Thos. Benbow , London, no number.

Q. Look at the other articles, do you know them to be your's? - A. Yes.

Prisoner's defence. All I have got to say is, that I did not go intentionally into the house to rob it; I went to Mr. Soper, and coming down stairs, the door was open, and the devil tempted me to go in and take the things; I never was guilty of any thing of the kind before. GUILTY (Aged 25.)

Of stealing to the value of 39s.

Transported for seven years .

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

Reference Number: t17990508-27

290. WILLIAM HAMERTON was indicted for feloniously stealing, on the 12th of April , seventy yards of superfine broad cloth, value 60l. the property of William Lee .

WILLIAM LEE sworn. - I am a woollen draper , I keep a shop.

Court. Q. Did you, at any time in April last, lose a quantity of broad cloth? - A. Yes, between seventy and eighty yards of superfine broad cloth; I think it was the 12th of April, on a Friday.

Q. Did you ever receive it back again? - A. Yes, next morning it was brought back; my boy discovered it, his name is John Hilsley . I have no further evidence than saying I saw the cloth the next morning, and I knew it to be my property.

JOHN HILSLEY sworn. - I am servant to Mr. Lee: I had these goods delivered to me by my master, it was superfine broad cloth; I was going along the street and the prisoner at the bar met me, he was standing drinking with my father, and my father asked me where I was going to; I said, I was going as far as Bond-street; and the prisoner at the bar said he was going to Carnaby-market, and he would go part of the way with me; I had seen him before, but it was three or four years ago; we were talking together as we went along, and when I came into Little Windmill-street, he asked me if I would have some beer; I said, no, at first; at last I pitched my load down at the corner of a public-house window, and went into the house to order it, when I came out he was standing by the cloth; when we drank the beer, he asked me if I would let him carry the cloth; I said he might carry it to Carnaby-market; he said he was going to see for one John Marsh ; when we came into Little Marlborough-street , he pitched the load down, and said it was very heavy; he then asked me to go and ask for this John Marsh , at a public-house in this street, and tell him William Hamerton was there, and that he would come directly; I said, he knew the man better than me and he had better go; he said, he did not like the people of the house, and that he would mind my things while I went, it was about ten yards distance; when I got against the gate-way, I saw it was a dark place, I holla'd out, William Hamerton , is this the house; but I received no answer, and when I came out he was gone; I then went and told my father how he had served me; I went the next day to see if I could meet with him; and coming back the same way, about five yards from the public-house, I met this man, and I took him into custody, I did not hardly know him at first, but I collared him, and I found half of the goods, on his back, in a coal-sack; then he offered to give me the goods, he said he had got them all at his house, and he intended to bring them down to my father's house; I then asked a man to assist me, but he did not; then the prisoner threw the sack off his back, and was trying to get away, but I prevented him.

Court. Q. You got all your goods back again? - A. Yes.

Cross-examined by Mr. Knapp. Q. How many public-houses did you go into that day? - A. Only one; and this was in the morning about a quarter before nine o'clock.

Q. In what street? - A. The top of Little Windmill-street.

Q. He told you he was going to your father's, in order to know where he could find you? - A. Yes.

Q. Did not you desire him to carry the cloth for you, the first day? - A. I never asked him to carry it; I mean to swear that.

JOSEPH TAYLOR sworn. - On the 13th of April, I saw the prisoner after he was locked up, and he said, the last witness was doubtful whether the whole of the property was in the sack or not; he said, part of it was at Joseph Matthews 's, No. 4, Maynard-street, St. Giles's, where I found the cloth in a cellar, and I carried it to the office.

Mr. Knapp. Q. You found it from his information? - A. Yes.

JOHN LEE sworn. - I am the brother of the prosecutor: I delivered the goods to John Hillsley, there were seventy-two yards, and three-eighths, of superfine broad cloth.

The prisoner did not say any thing in his defence, but called four witnesses, who gave him a good character. NOT GUILTY .

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

Reference Number: t17990508-28

291. EDMUND BURKETT was indicted for feloniously stealing, on the 5th of April , a warrant for the payment of 198l. signed and subscribed by Joseph Benhacock , for himself and Haim Azulay , and directed to William Masterman , Henry Peters , Thomas Walker , Daniel Mildred , Gerard Scorer , and James Moore , of London, bankers and partners, by the name of Masterman, Peters, Walker, and Co. to Lightfoot and Tabrum; the said warrant being of the value of 198l. the property of Joseph Benhacock and Haim Azulay .

(The case was opened by Mr. Knapp.)

JOSEPH BENHACOCK sworn. - Examined by Mr. Knapp. I am in partner ship with Haim Azulay, the prisoner was our clerk : On the 16th of March last. -

Q. Did you on that day sign any draft for the payment of 1981. with several others, about the same day, or a day or two after? - A. Yes.

Q. Was there any other, besides that, of that sum? - A. No.

Q. Who was it drawn upon? - A. Masterman's house.

Q. On the 16th of March where did you place it? - A. In an open drawer in the accompting-house.

Q. For what purpose did you put it there? - A. For the purpose of answering a bill of that sum, which I expected to be called for, which I had accepted; it was entrusted to the care of all my clerks, or either of them, if I should not be in the way.

Q. In point of fact, when did you expect this bill to come in? - A. On the 17th of March.

Q. Did it come in? - A. Not on that day.

Q. When did you see the draft again? - A. I saw it so far as the 3d of April; on the 4th of April I did not look into the drawer; but on the 5th, I found several drafts in the drawer, but this for a hundred and ninety-eight pounds was missing; I sent Garnham, one of the clerks, to the bankers, and he learned that it was paid; Garnham produced me a draft.

Q. Was that the same draft you had drawn upon Masterman, and put into the drawer? - A. Yes.

Q. Upon your inspection of the draft, was there any thing particular that you took notice of upon the draft? - A. I did not observe any thing particular, it was the same draft, only there was a one altered to a two.

Court. Q. Altered, where, in the sum? - A. No, in the date.

Mr. Knapp. Q. However, you have no doubt it was the same draft? - A. No.

JOHN GARNHAM sworn. - (Produces the draft.) I have had it in my custody ever since.

Mr. Benbacock. This is the draft.

Court. Q. Upon looking at the draft, can you venture to say it is the same? - A. Yes.

Cross-examined by Mr. Knowlys. Q. How many years had this young man lived with you as clerk? - A. About four years.

Q. In the course of that time, I believe, you had entrusted him to the amount of many thousands? - A. Yes.

Q. Have you any reason to suspect, that in any one instance, except the one now in question, he has ever injured you in the smallest degree? - A. I have not.

Q. I believe you found, upon examination into your books, that this bill became due at a later time than you expected it would? - A. Yes.

Q. You, I believe, recovered all your property excepting a small sum? - A. I have not recovered any yet, it is in the hands of the officer.

Q. Do you not firmly believe, in your own conscience, that at the time that bill would have been presented for payment, all the money would have been ready to discharge it? - A. From what I have heard since, I think it would.

Q. You had, I take it for granted, an extremely good opinion of this young man, and his principles? - A. I always had.

Q. Supposing he was to remain in this country, have you that opinion of his good principles that you would trust him again in you service? - A. I would; he has got into some companies, and if he would relinquish them, I should have no objection.

Q. Supposing at any time, hereafter, he were to be proposed to you as a clerk, and to be trusted as before, would you again receive him? - A. I would.

Garnham. Examined by Mr. Knapp. Q. You are clerk to Messrs. Benhacock, and Co.? - A. Yes; this draft was put into the drawer, and was under my care.

Q. When did you see it last? - A. On the 4th of April.

Q. Who gave it you? - A. The bankers, Messrs. Masterman, and Company.

Q. It had been paid? - A. It had, about an hour before.

Cross-examined by Mr. Knowlys. Q. It lay in the drawer with other drafts, which might have been made use of likewise? - A. Yes, which were not made use of.

Q. And it lay there three weeks after it was drawn? - A. Yes.

WILLIAM CLOSS sworn. - Examined by Mr. Knapp. I am clerk to Messrs. Masterman and Company.

Q. Tell us the firm of the house? - A. William Masterman , Henry Peters , Thomas Walker , Daniel Mildred , Gerard Scorer , and James Moore .

Q. They are bankers, and go under the firm of Masterman, and Company? - A. They do.

Q. Do you remember, on the 5th of April, paying that draft? - A. Yes.

Q. Do you know to whom you paid it? - A. I do not; it was not the prisoner.

Q. Probably you can tell us how you paid it? - A. A twenty pound Bank-note; No. 9134, a twenty-five pound Bank-note, No. 7443, a fifty pound Bank-note, No. 9588, a hundred pound Bank-note, No. 5384, and three pounds in cash, making up together one hundred and ninety-eight pounds.

Q. Do you know a Mr. Garnham? - A. Yes, I do.

Q. Did you deliver that draft, which you so paid, to Garnham? - A. No, I did not; I was gone to dinner.

Court. Q. How soon did you find, after your return, that that draft had been returned? - A. I met Mr. Garnham coming out at the door.

Q. On what day was that? - A. The 5th of April.

Q. Did he shew you the check? - A. Yes.

Q. Was that the same check upon which you had paid the Bank-notes? - A. It was.

Mr. Knowlys. Q. You are confident no other persons are concerned in this banking business besides those you have mentioned? - A. No, there are not.

JAMES SMART sworn. - Examined by Mr. Knapp. I am a sadler, I live with a relation the corner of Short-street, Moorfields: I have known the prisoner at the bar about twelve months; I received a draft from him for 198l.

Q. Should you know it if you were to see it again? - A. Not to swear to it.

Q. Upon whose house was it? - A. Upon Masterman, and Company.

Q. Do you know who had signed it? - A. No.

Q. Do you know the prisoner, and whose clerk he was? - A. No, I never heard.

Q. Look at the draft, and see if you know it? - A. It may he the same draft, but I cannot say; it is the same amount, and the same firm.

Q. For what purpose did the prisoner give you a draft? - A. To get cash for it.

Q. Where? - A. At Messrs. Masterman's, in White hart-court, Gracechurch-street.

Q. Did you go? - A. Yes; I offered the draft to this gentleman(Mr. Closs).

Q. How was it paid? - A. A one hundred pound note, a fifty pound, a twenty-five pound, and another twenty pound note, and three pounds in cash.

Q. When you took these Bank-notes, where did you go to? - A. To the prisoner, at the corner of Fenchurch-street.

Q. In a house? - A. No, in the street.

Q. Had you agreed as to the place of meeting? - A. Yes.

Q. How long were you gone, think you, to the banker's? - A. I suppose a quarter of an hour or twenty minutes.

Q. And when you came back, you found him? - A. Yes, and I gave him the Bank-notes.

Q. After you had delivered them, did you get any one of them on return afterwards? - A. Yes, he gave me a twenty-five pound note back.

Q. For what purpose did he give you the twenty-five pound note? - A. For the purpose of having it negociated.

Q. Do you mean changed? - A. Yes.

Q. How were you to change it? - A. I was to buy some linen.

Q. What linen? - A. Linen for shirts.

Q. Where were you to buy linen? - A. It was not said.

Q. Who then was the linen for? - A. That was as it might be agreed upon out of friendship.

Q. Who did you give the twenty-five pounds to? - A. Mrs. Alefounder; she expended seven pounds in linen, and brought the remainder of the change.

Q. When you had got the remainder of the change, and the linen, where did you go to, what did you do with the change? - A. Part I gave to Burkett, the prisoner.

Q. How much might he have? - A. About twelve pounds, I believe.

Q. You had the rest? - A. Yes.

Q. For what purpose? - A. Burkett would, I believe, in the courseof a week or nine days, have made up the full remainder of the money, and then I should have thought myself indebted to Burkett for the money that I had.

Q. For what purpose were you to have that money? - A. For my trouble in getting it discounted.

Court. Q. How much did you receive for your trouble? - A. Five or six pounds, I believe, I cannot say exactly to a pound.

Q. Who had the linen? - A. It is in the officer's hands.

Q. But who had the linen at that time? - A. Mrs. Alefounder.

Q. What did you say you be believed the prisoner's intention was? - A. The prisoner's intention, I believe, was to make up the remainder of the money as soon as he could, which, I dare say, he would have done in the course of a very few days.

Q. To whom? - A. To his employer.

Q. Was there any conversation took place relative to the draft between him and you? - A. Nothing more than he was very sorry for what he had done, that he was determined to negociate no more of the notes, but return it as soon as he possibly could.

Q. I believe you were afterwards taken up? - A. Yes.

Cross-examined by Mr. Knowlys. Q. Almost all the part that was desicient, was given to you for your accommodation? - A. There were seven pounds paid for the linen.

Q. For your shirts? - A. That was not determined upon.

Q. Did you not want shirts? - A. Not particularly.

Q. You were a friend of this man's? - A. Yes.

Q. It did not occur to you to say to him, if this is not your own draft, do not negociate it? - A. No, I did not.

ELIZABETH ALEFOUNDER sworn. - Examined by Mr. Knapp. I work at my needle; I received from Smart, on the 5th of April, twenty-five pounds to buy some linen for shirts and handkerchiefs, and other things; I went and got change for the twenty-five pound note, at five in the afternoon; I delivered to him the linen, the bill of the shop, and the change; it was not quite seven pounds, it was six pounds odd.

Q. Where did you purchase this linen? - A. At a shop in Cheapside, I cannot tell the name now.

Mr. Knowlys. Q. It was by Smart's desire that you changed the note? - A. Yes.

EDWARD SMITH sworn. - Examined by Mr. Knapp. I am a Police-officer belonging to Whitechapel; I apprehended the prisoner on Saturday, the 13th of April, at a house in White's-alley, Coleman-street; he was in bed with a young woman; I took up his clothes, in the presence of his cousin, and found a guinea, six half-guineas, and one seven-shilling-piece; in his inside coat-pocket, I took out a little red morocco pocket-book, and found a Bank of England note for the payment of one hundred pounds; it is a hundred pound Banknote No. 5384; a fifty pound note, No. 9588, a twenty pound note, No. 9134, I believe, but it is almost defaced. (Produces them).

Q. Had you any conversation with him before he said any thing, to induce him to say any thing? - A. I had been with his father, and with his cousin, all the morning, to try to find him out before he had spent the money; when I found him, I put him and the girl into a coach; I asked him if this was the whole of the money; he said, there was a twenty-five pound note which was changed; I asked him how he came possessed of it, was it money that he had collected for his master; he said, no, it was part of a banker's check for a hundred and ninety-eight pounds, he said he had taken it from the accompting-house, from out of the drawer; I asked him if the drawer was locked; and he said, no, it was not, it was in a drawer with some other checks; I asked him if he received the money for the check; he said, no; a Mr. Smart, who was a sadler at the corner of Short-street, Moorfields, an acquaintance of his; that Smart had got a twenty-five pound note changed somewhere in Cheapside, but he did not know where, and had purchased some cloth to get it changed; I asked him if Smart knew that the note was a stolen one; he said, yes, he did; and was to have half of it for getting it changed, and that he had only received twelve pounds back as his share out of the note; I took him to the office, and Smart, by his information, was apprehended. (The draft read.)

No. 142, White-hart-court, Lombard-street, 26th March, 1799. Messrs. Masterman, Walker, Peters, Mildred and Co. pay to Lightfoot and Tabrum, or bearer, one hundred and ninety-eight pounds. Joseph Benhacock and Company.

Prisoner's defence. I applied to Smart, begging him to return me the money, that it might be appropriated to the purpose for which it was intended; he told me had given it to this woman to get it changed; I went with him to find this woman, and we could not; we went to several linen-draper's shops to stop her from changing the note, that I might have it to return; when she came back, I said, I must have all that you have got; I did not abscond from my business in any part of the time, expecting to make the money up.

Court. (To Benbacock). Q. Did the prisoner return to your house? - A. Yes, regularly, till the Thursday; this draft was paid on the Friday.

Court. Q. Did he absent himself at all? - A. He did not.

The prisoner called three witnesses, who gave him an excellent character.

GUILTY (Aged 20.)

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

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

Reference Number: t17990508-29

292. JOHN GODSALL was indicted for feloniously stealing, on the 3d of May , a pair of iron tongs, value 12d. the property of our Lord the King .

NATHAN CLARKE sworn. - Examined by Mr. Knowlys. I am a messenger of Excise; I had received directions from the Board to detect the prisoner; On Friday, the 3d of May, I placed myself in No. 19, principal story, chief office, Excise.

Q. The Excise-office is furnished at Government expence? - A. Yes; I observed the prisoner go past No. 19 with his eye turned towards the door, which attracted my attention; I observed him pass and repass No. 19 five times; I passed him in the long passage, and went through No. 20 to No.

18, so that No. 19 was between the two; I held the door in my hand, to watch his passing me again; he came from the direction of No. 19; I stopped him about seven yards from No. 19; I laid hold of him, and saw these tongs under his coat on the left side; I had seen them in their place about ten minutes before I found them upon him; I took him to No. 19, and the tongs were missing; I then took him before the Commissioners, and then it was that I took the tongs from him; he said, in No. 19, that he had taken them from that place, pointing to the fire-place.

Q. He had no situation in the Excise-office? - A. No.

Prisoner's defence. I saw the poker, tongs, and shovel, in the room, the door was open; I was looking for a gentleman that had said he would collect a few halfpence from the gentlemen there for me, as I was distressed, that made me walk backwards and forwards to look for him.

GUILTY (Aged 59.)

Whipped in the jail , and discharged.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17990508-30

293. ANN RYAN and MARY JOICE were indicted, for that they, on the 28th of April , five pieces of milled money, counterfeited to the likeness of a shilling, and seventeen pieces of milled money, counterfeited to the likeness of a sixpence, the same not being cut in pieces, did put off to one Edward Comber , at a lower rate and value than the same by their denomination did import, that is to say, for 4s. 6d.

(The case was opened by Mr. Raine.)

EDWARD COMBER sworn. - Examined by Mr. Raine. Q. On the 27th of April, were you employed to go to the house of the prisoner at the bar? - A. Yes, on Sunday, the 28th, in Cock-court, Snow-hill: Before I went, Rogers gave me a half-crown, and two shillings, I had no other money about me; the half-crown and the shillings were both marked; I went in with Mary Gill ; she asked where the wife of the man was that was in bed below; she immediately went to the stairs, and called, and then Ann Ryan came down and spoke to Mary Gill ; she asked her where she had been to, she thought she had been taken up; she said, no, she had been along with me and my wife; then the prisoner, Ryan, asked what young man I was, and she said, it was a young man that she had been along with; then she asked her what she wanted, and how much; Mary Gill replied, half-a-crownsworth; Ryan asked her whether she would have large or small; Mary Gill said, all little ones; then the prisoner, Ryan, asked me how much I wanted; I told her, to the amount of four shillings, or four shillings and sixpence; she asked me whether I would have little or large; I told her, nearly half and half, half shillings and half sixpences; Ann Ryan then went up stairs again, and brought me seventeen sixpences and five shillings, wrapped up in a piece of paper, and I gave her four shillings and sixpence; I and Mary Gill came out of doors directly, and went into a public-house in Giltspur-street , and there I saw Riley, Rogers, and Clark, the officers; I counted out the money before them; then Rogers and I, and Riley and Clark, returned to the house again; Rogers went up stairs, and I and Rogers searched Mrs. Joice's pocket, and found a quantity of money; I rummaged all round the room, and came away; I went down stairs, and, going down stairs, there was a quantity of silver tumbling out on the stair-case from the chamber, upon the landing-place; there were twenty-eight sixpences and three shillings; I immediately returned with Riley and picked them up, they were all base metal; I gave Riley fourteen base metal sixpences and three shillings; then I picked up fourteen afterwards. (Produces them.)

Cross-examined by Mr. Alley. Q. There was a woman in company with you? - A. Yes.

Q. And the transsaction was with Mrs. Ryan, you never saw Joice? - A. No, not at all.

Q. The officers were not along with you? - A. No.

Q. Who was it gave the information to the officers, did you? - A. No, I received the information from Rogers, he belongs to our office, I am office-keeper.

Q. She said, that she had been with you? - A. Yes.

Q. That was not true? - A. No.

Q. What have you been in life? - A. I have been a waterman.

Q. Do you mean to say you are a waterman, or an office-keeper, or both? - A. Office-keeper at present.

Q. Has it ever happened that you have been in a Court of Justice before as a witness? - A. Yes.

Q. Only as a witness? - A. No.

Q. Upon your oath, have you never been charged with any offence? - A. Never; I was disabled, and that was the reason I left the water.

Q. Were you not a witness upon an occasion of this sort before? - A. Yes.

Q. And you practised the same trick I suppose then? - A. Yes.

Q. What is this Mrs. Gill, is she here to-day? - A. Yes.

Q. Were you searched before you went into the house? - A. I was not.

Q. So that you might have carried this base money in yourself? - A. I never did such a thing in my life, my character is too well known.

Q. Do you mean to say you get your livelihood

by being office-keeper? - A. Yes, I do, I have a salary from the office.

Q. And so on a Sunday morning they employed you to go and buy this bad money? - Q. Yes; I think it is the bounden duty of every one to bring such things to justice.

MARY GILL sworn. - Examined by Mr. Raine. I went with the last witness to the house of the prisoner, on Sunday, the 28th of April.

Q. Had you been searched by the officers before you went? - A. Yes.

Q. And what money had you about you? - A. None.

Q. Had you received any from the officer? - A. Yes, half-a-crown from Rogers: I went with Comber to a house in Cock-court; when I went into the house, I called for Mrs. Joice; Mrs. Joice told me she was up stairs; then I called for Mrs. Ryan; the servant and she came down stairs, and answered me; she asked me where I was; says she, I thought you were taken; I said, no, I had been along with that young man and his wife: Ryan said, how much do you want; I said, half-a-crownsworth of little ones; Ryan turned round, and said, who was that man; I told her he was an acquaintance of mine; she asked him what he wanted, and he said, four shillings and sixpence worth; I saw him give her four shillings and sixpence; she went up stairs, and stopped a considerable time; I went up stairs after her; I saw Mrs. Joice give the two papers into her hand; one was for me, and the other for Comber; Ryan handed me my own paper, and wanted me to take Comber's paper down to him, but I would not; I stopped upon the landing-place, and saw Ryan give the paper she had received from Joice to Comber; then Comber and I went to the public-house where Rogers was, and I gave Rogers the paper I had received from Ryan.

Cross-examined by Mr. Alley. Q. Did you never go by the name of Murray? - A. Yes, in my first husband's time.

Q. Have you gone by the name of Gill ever since your second husband's time? - A. Yes.

Q. Were you ever a witness before? - A. No.

Court. Q. Have you never been in a Court of Justice before? - A. Never.

Q. Do you mean to swear that? - A. I do.

Q. Have you never been indicted yourself for putting off bad money? - A. Yes.

Q. Then what do you mean by saying you were never in a Court of Justice before? - A. I thought you meant as a witness.

Q. Have you ever been convicted? - A. Yes.

Q. Have you been convicted more than once? - A. Yes.

Q. Did you ever get a whipping after being convicted? - A. No.

Q. You must have been confined, I take it for granted, for a twelvemonth? - A. Yes.

Q. Ryan is an acquaintance of your's? - A. No further than seeing her there as a servant.

Q. But you and Comber planned this business to give information? - A. No.

Q. Who desired you to go the house? - A Nobody but myself, I intended to do it.

Q. What might have induced you to do it, for the good of the public I suppose? - A. Yes.

Q. As much as when you put off bad money yourself, for the good of the public; do not you expect to be paid for this, upon your oath? - A. No, upon my oath, I do not.

Q. What line of life are you in? - A. I sell greens in the market.

Q. Mr. Joice was in the house, was he not? - A. Yes, he was in bed.

Q. With his wife? - A. No; he was in bed down stairs, and she in bed up stairs.

Q. Are you sure he was in bed? - A. Yes.

Q. She was a married woman, however? - A. Yes.

EDWARD ROGERS sworn. - I am an officer belonging to Shadwell. In consequence of an information that I received, I went to a public-house nearly opposite Giltspur-street Compter; I called upon Mr. Clark, the City marshalman, to meet me there; I marked a half-crown piece and two shillings on the edge, with two marks on each piece, with a knife; that half-crown that I first marked, and the two shillings, I gave to Comber; I put two marks nigher to each to each other upon that half crown piece that I marked the second time than the former; I gave that half-crown piece to Gill.

Q. Were these marks such as to enable you to speak to the coins when you saw them again? - A. Yes; I shewed all the marked money to Riley; after that I desired Comber and Gill to go to Cock-court, Snow-hill, according to the information I had received; I gave them the marked money, and desired them to purchase counterfeit money for it if they could; they went out, and we followed them, to see if they would go into Cock-court; we waited outside in the street till we saw them come out of Cock-court; we went one way and they went the other, and we met at this public-house in Giltspur-street again; we went into the parlour, and Comber produced seventeen counterfeit sixpences and five shillings.

Q. Look at these? - A. I suppose these may be them, but I did not mark them; they were all bad.

Q. Look at these, and see if they are bad? - A. Yes, they are all bad; I desired him to take particular care of them; Mr. Clark came into the

room according to appointment, and then Clark, Riley, Comber, and I, went instantly to the house in Cock-court; I went up before Clark, and ran up stairs; Clark went in below stairs with the prisoner, Ryan; Mrs. Joice was in bed up stairs; I saw no man in the house at that time; I desired Mrs. Joice instantly to give me her pockets; her pockets were about her in the bed, or under the bolster, for she handed them to me instantly; there was a quantity of silver in a purse in one of her pockets, and a quantity of halfpence loose, and seven guineas and a half, and a seven shilling piece in good gold in a box, as well as I recollect; I tied the pockets very tight, and took them all with me; I took the prisoner into custody, and when I went to the public-house, I examined the silver to see if the marked money had been in the pockets.

Q. Do you mean the silver in the purse? - A Yes; I saw the shilings and the half-crown that I gave to Comber to purchase, and also the half crown that I gave to the other person, Mary Gill ; this is the half-crown, I gave to Comber, and this is the half-crown, with the marks nearer to each other, that I gave to Gill, (produces them); we took the prisoner into custody.

Q. Did you hear any rattling down stairs, or any thing of that kind? - A. I cannot positively swear; I was in a hurry searching the room.

Q. Look at those picked up by Comber on the stairs? - Do you believe them to be counterfeit? - A. They are.

Cross-examined by Mr. Alley. Q. You did not find any bad money? - A. No.

Q. The money you found in this poor woman's pocket was all good? - A. Yes.

Q. And you did not observe this bad money tumbling from the ceiling? - A. No, I was searching the room and the cupboards at the time.

- RILEY sworn. - Examined by Mr. Raine. On Sunday, the 28th of April, I went, in company with Rogers, Clark, and Comber; Rogers and Comber went up stairs in this house in Cock-court; Clark and I staid below; I assisted Clark in searching the prisoner, Ryan; she was very loth to be searched; I held her hands, while Clark searched her; after Clark had done searching her, I heard something like the rattling of money upon the landing-place of the stairs; Comber was out of the front room upon the landing-place before I got to the top of the stairs; he was then picking up a quantity of pieces resembling money; he gave me fourteen pieces resembling sixpences, and three pieces resembling shillings. (Produces them.)

Rogers. These are are all bad.

Riley. I saw Clark take something from Ryan, but I did not see what it was.

Q. Did you see any money that Rogers marked? - A. Yes; two half-crowns, and two shillings.

Cross-examined by Mr. Alley. Q. Where were you when you say you heard the rattling of money, were you in the room, or out of the room? - A. In the room, with Clark.

Q. Was the door shut? - A. The door was open.

Q. Where was Comber at that time? - A. Up one pair of stairs.

Q. Consequently you could not see him? - A. I saw him pick up the money after I came out of the room.

Q. Therefore, for any thing you know, that money might have been thrown there by Comber himself; and he picked them up when you came out? - A. I cannot say any thing to that.

JOHN CLARK sworn. - Examined by Mr. Raine. I am a City-marshalman: I went with the other witnesses on Sunday the 28th of April, to this house in Cock-court; I went into a room below, with Riley, where Mrs. Ryan was, and another woman; I endeavoured to search Ryan, but she very much refused it, she was very unwilling to be searched; I first of all searched her right-hand pocket, where I found one good shilling, and some halfpence; in her left-hand pocket, in this paper, I found seven bad shillings, and forty-three bad sixpences. (Produces them.)

Rogers. They are all bad.

Ryan's defence. It is the first offence, and it was out of distress that it was so with me; as to the money in Mrs. Joice's pocket, that was money that I gave her; I hope you will look into my distress.

Joice's defence. The other woman lodged with me, and she gave me the money in payment for rent. Ryan, GUILTY . (Aged 30.)

Joice, GUILTY. (Aged 33.)

Confined one year in Newgate , and fined 100l.

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

Reference Number: t17990508-31

294. THOMAS MELSAM was indicted for breaking and entering the dwelling-house of Thomas Wilson , about the hour of ten, in the night of the 5th of April , with intent to steal the goods therein being, and stealing fifty pounds weight of mutton, value 25s. a steel saw, value 5s. and a copper saucepan, value 12d. the property of Richard Erscott .

RICHARD ERSCOTT sworn. - I am a butcher , I lodge at No. 6, Bridge-court, Westminster ; the landlord of the house is Mr. Stewart.

Q. Is Mr. Thomas Wilson your landlord? - A. No; my shop joined to his dwelling-house, it is fixed to one end of the dwelling-house.

Q. Is there any way through your shop into Thomas Wilson 's house? - A. No.

Q. Did you pay rent to Thomas Wilson ? - A. No, I pay rent to Ann Shepherd : On Friday night, the 5th of April, about ten minutes after nine, I locked my shop up; the next morning about nine o'clock, I came to the shop and found it was broke open; I missed four legs of mutton, two shoulders, one neck, a saw, and a saucepan; in consequence of some information that I received I went to Bow-street, on the 6th of April, and two officers went and searched a house, the Marquis of Granby, in the Almonry-yard, about half past nine o'clock; we found two legs and a shoulder of mutton, and a saw, they were produced by the landlady; and then we took them to Bow-street.

Q. Did you see the prisoner at the Marquis of Granby at all? - A. Yes.

Q. Did you charge him with stealing the mutton and the saw? - A. He asked the landlady for the saw that he gave her in the morning; I took the saw in my hand, and looked at it, I swore that was my saw have the mutton who would; then the officer asked the landlady whether there was any thing else that that man had left there; and she said, no; then the officer looked round in two or three rooms, and, in the inner room, he saw two legs of mutton and a shoulder, covered over with two or three cloths.

Mr. Knapp. Q. You do not believe that the prisoner stole this saw? - A. No.

- BARTON sworn. - I am a carpenter and joiner, in the Almonry Coach-yard, Broad-way, Westminster: The prisoner brought a saw to sell, which I knew was this person's saw, and I told him it did not suit me; I knew the saw, Erscott bought it of a carpenter to saw his meat with, I had seen it about a week before; after that, he offered me a leg or a shoulder of mutton at my own price; I told him I had killed a hog, and it would not suit me to buy any; I told him of a person coming to work with me that might buy the saw, perhaps, if he liked it; he went away with the saw.

Q. How came you to let him go? - A. Because I knew where to find him.

Cross-examined by Mr. Knapp. Q. Did you know the prisoner before? - A. Yes.

Q. Did the prisoner know the prosecutor before? - A. I do not know that he knew me.

Q. You did not chuse to buy the saw for a shilling? - A. No.

Q. Then how came you to ask the price of it? - A. That I might be sure it was the same saw, till I could go to let the butcher know.

Q. As you can swear to the saw so easily, I take it mutton is just as easy to swear to? - A. I cannot swear to mutton. On the 5th of April, I saw him filing a key against a post, opening the wards; I went to him, and told him I was sure he was at no good.

Q. What time on Friday was it? - A. In the afternoon, about one o'clock; says I, you are going to break open some place, St. Paul's, or something or other; I supposed so by his making that key, it was a master-key.

Cross-examined by Mr. Knapp. Q. Did not you prefer a bill of indictment, and afterwards go back to the clerk of the indictment and prefer another for a capital offence? - A. Yes.

Q. Upon your oath, do not you know there is a forty pound reward for a burglary? - A. I do not understand the law.

Q. But the fact we want; do not you know there is a forty pound reward? - A. I never heard any thing of that.

Q. Did you never hear there was forty pounds reward upon conviction of a person for breaking into a house by night? - A. Yes, when they are found guilty.

Q. Then you do understand, that if a man was found guilty, and you were to be a witness, you would be entitled to a share of forty pounds? - A. No, I did not want it; I would not have it if it was so.

Q. You mean to say, that if the forty pounds reward was to be divided among the witnesses, your virtue would not suffer you to take it? - A. I do not understand these things.

Q. Did you not go before the clerk of the indictments, with the prosecutor, to give instructions for the indictment? - A. Yes; I told what I knew.

Q. And you then went away? - A. Yes.

Q. And you went back again? - A. No, I did not.

Q. Did you not state, just now, that you had been twice to the clerk of the indictments? - A. No, I did not go but once.

Q. You told us you went a second time, to indict the man capitally? - A. We went up the steps.

Q. Were you never in a Court of Justice before? - A. No.

Q. Nor before a Magistrate? - A. Yes; I went to Bow-street.

Q. No where else? - A. Yes; I was once had to Queen-square for what I know nothing about; we had no bread to eat, and my wife went and pawned a sheet.

Q. And you were charged with stealing it? - A. No; we paid for the fetching it back again.

Court. Q. Were it you or Erscott that recommended that he should be charged with a capital charge? - A. It was both, I believe.

Q. He was first charged with stealing the mutton? - A. He was charged with taking the meat and the saw.

Q. And he was afterwards charged with breaking the house? - A. Yes.

Court. (To Erscott). Q. Was the charge of breaking the house, and the stealing, all made at once? - A. Yes.

Q. Did you go back a second time to prefer the indictment? - A. No.

Q. What did you tell the officer? - A. I told him that I had had my shop broke open such a night? - A. Did you give any instructions about a charge to affect the prisoner's life? - A. No; I did not.

Q. Did you leave it with the officer? - A. I did.

ELIZABETH RILEY sworn. - I keep the Marquis of Granby, in the Almonry, Westminster: The prisoner came to my house the same morning that he was taken, he had with him the saw.

Q. Did he bring any thing besides a saw with him? - A. No; he desired me to lay it by till he called for it; upon that the officer came with the prisoner, and asked for the saw, which I delivered to them.

Q. There was some mutton at your house, did you receive that from the prisoner? - A. No; it had been picked up in my passage the night before.

Q. Do you know who dropped it there? - A. No.

Q. Was the prisoner there the evening before? - A. I cannot say, he had been there in the course of the day.

Q. Should you know the saw again, if you were to see it? - A. No.

Cross-examined by Mr. Knapp. Q. You keep a public-house? - A. Yes.

Q. Of course you have a great number of persons resort backwards and forwards to your house? - A. Yes, I have.

Q. Who dropped it you cannot tell? - A. No.

Q. He said, take care of that saw till called for? - A. Yes.

Q. By which you understood it was to be called for? - A. Yes.

Q. And the prisoner might have picked it up in your passage for any thing you know? - A. He might.

Q. How long have you known the prisoner? - A. About five months.

Q. Has he bore the character of an honest man during that time? - A. I never heard any other.

Court. Q. What is his business? - A. I understand he drove hackney coaches.

EDWARD TREADWAY sworn. - I am an officer: On Saturday the 6th of April, about nine o'clock, I went with the prosecutor and Barton to the Almonry; I took the prisoner as he came out of the Marquis of Granby; I asked where the saw was, he said he had left it at the public-house; we went back to the public-house, asked the landlady for the saw, and she produced it to Mumford.

Cross-examined by Mr. Knapp. Q. You, an officer of justice going to apprehend him, asked him where the saw was, and he, without any hesitation, told you where the saw was? - A. He did.

THOMAS MUMFORD sworn. - (Produces the saw). I received it from the landlady of the Marquis of Granby, I have kept it ever since.

Erscott. I know this to be my saw, by some spots upon it.

Court. Q. How long have you had it? - A. Ever since Christmas.

Q. Is there the maker's name upon it? - A. Yes, but I do not know what the name is.

Court. (To Barton). Look at that saw, is that the same saw? - A. I believe it is the same, because it was bent upon the top.

Mr. Knapp. Q. You are a carpenter and joiner? Yes.

Q. You do not know your saws by the maker's name? - A. Yes, if we happen to recollect; but I think it is one of Mainwaring's.

Q. It happens to be Morland's; I believe workmen sometimes put a private mark upon their saws? - A. Yes.

Q. There is no private mark upon that? - A. No.

Mr. Knapp. (To Erscott). Q. Did you ever see a saw with such spots as these upon it before? - A. No; unless it had been laid by and got rusty.

Q. If it had, it would have these spots? - A. Yes.

Court. (To Barton). Q. What is the value of this saw? - A. About five shillings and sixpence.

Prisoner's defence. I know nothing at all about the saw, nor the mutton either.

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

NOT GUILTY .

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

Reference Number: t17990508-32

295. ELIZABETH EDMUNDS was indicted for feloniously stealing, on the 28th of February , a canvas bag, value 1d. and 2l. 18s. 6d. in money, the property of John Christmas , privily from his person .

JOHN CHRISTMAS sworn. - I am a letter carrier in the Post-office: On Thursday the 28th of February, between seven and eight o'clock in the evening, at the gate-way going into Scotland-yard , the prisoner accosted me, and put her arms-round my neck, and wanted me to go to a public-house with her, in Scotland-yard, but I would not go with her; she put her leg round my left leg, then she put her hand in my pocket, and took out a canvas bag from my left hand waistcoat-pocket, I did not miss it till after she had left me.

Q. Did you feel her hand in your pocket; - A.

I felt her hand about my pocket; but I had two bags in my pocket, and feeling one of them there, I did not miss the other.

Q. Did you feel her hand in your pocket? - A. I felt her hand rubbing all round my pocket.

Q. Have you any doubt now, that the time she had her hand about your pocket was the time you were robbed? - A. Yes; I am clear of that.

Q. Was there light enough to see her at the time? - A. Yes, by the light from the linen-draper's shop at the corner; after that, she absented herself, and I was searching for an hour.

Q. How long might she be with you? - A. About a minute and a half; the next evening I went through Scotland-yard again, as I was going that way; there was only the prisoner and another that attends that corner, and I got intelligence from that other woman where to find her, in Tothill-street, Westminster; on the Saturday I went, and they denied that she lived in the house.

Q. Did you find her in Tothill-street? - A. Yes.

Q. Are you perfectly sure it was the same woman? - A. Yes; they said, if I had a letter for her they would take care of it for her; I went up stairs, and there she was lying upon the bed, and then she screamed; she seemed in liquor, and I got myself used very ill in the house.

Q. Have you ever found any of your property since? - A. No; she was taken up the Sunday following.

JOHN BENTLEY sworn. - I am porter to his Majesty's wardrobe: I went into Mrs. Clarke's, the Windsor-castle, in Scotland-yard, and the prisoner was there having some gin and beer, and paid for it, that is all I know of it; it was about eleven o'clock at night when I went in for my beer.

Prosecutor. He said, before the Magistrate, that he saw the prisoner pull a bag out of her bosom.

Bentley. I saw her pull a bag out of her bosom, turn her backside towards the fire, and pay for what she had; but what there was in it I cannot tell.

Q. Was it a canvas bag? - A. I cannot say.

ELIZABETH CLARKE sworn. - I keep the Windsor-castle, in Scotland-yard: The prisoner came into my house with something in her hand like a bag, but whether it was leather or canvas I cannot say; it was on a Thursday evening, she had something to drink, and paid for it.

MARGARET MONSON sworn. - The prisoner came into my house, the Sun, in Scotland-yard, between seven and eight o'clock on Thursday the 28th of February; I saw no bag, but I saw her with some silver and halfpence, and she paid me for what she called for; she came in doors, and said to me at the bar, that she had done the man out of a seven-shilling-piece; I thought she meant she had given him some bad money, which she had often, or something to that effect.

Prisoner's defence. I never absconded from my room, and he might have taken me if he would; I was turned out by proclamation last Sessions, here, and he took me up last night again.

Court. Q. Is it true she was discharged last Sessions?

Mr. Kirby. A. She was in prison from the 9th of March to the 6th of April, upon this same charge.

Court. (To Christmas.) Q. How came you not to prosecute her last Sessions? - A. Because I was too late to get a bill; I could not get a man that morning to do my business for me.

NOT GUILTY .

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

Reference Number: t17990508-33

296. HUMPHREY COCKRAN was indicted for feloniously stealing, on the 21st of May , twenty-five yards of baize, value 25s. the property of Joseph Pybus .

JOSEPH PYBUS sworn. - I keep a shop in Fore-street : On Wednesday the 21st of May, I lost the baize; I can only prove the property.

THOMAS BROOKSOP sworn. - I am a neighbour, I live opposite Mr. Pybus: I had the alarm from my servant that Mr. Pybus's shop was robbed; I went up Fore-street as far as Cripplegate pump, when I got information that the thief was gone up that street; I pursued up Wood-street, as far as Silver-street, where I met the prisoner at the corner of Wood-street and Silver-street, with the cloth under his arm.

Q. Is it baize? - A. I do not know; I attempted to stop him; I caught hold of the baize but missed my catch of him, and he ran up Silver-street; the baize is here, I delivered it to the constable; the prisoner got about thirty yards before he was taken; I called out, stop thief, and a young man, I believe, knocked him down, I saw him stopped; I am sure the prisoner is the man that had the baize.(Cartwright, the officer, produced the baize).

Mr. Pybus. This is my baize, I had cut a piece off not ten minutes before it was stolen; it has my private mark upon it.

Prisoner's defence. I have nothing to say; I have a wife and two children to maintain.

GUILTY (Aged 27.)

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

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17990508-34

297. EDWARD ROGERS was indicted for feloniously stealing, on the 15th of April , thirty yards of carpeting, value 30s. the property of Edward Houlditch and James Houlditch .

EDWARD HOULDITCH sworn. - I am in partner ship with James Houlditch : On the 15th of April, between one and two, in consequence of information, I missed some carpeting from my warehouse opposite my house; the prisoner was brought to my house, but the property has not been found.

EDWARD BLACK sworn. - I am servant to Mr. Houlditch; I saw the prisoner come out of Mr. Houlditch's warehouse with a load of carpeting upon his shoulder; I followed him into Drury-lane, there I lost sight of him; there were about thirty yards of it. The prisoner is servant to a wheelwright, who used to work for Mr. Houlditch; we found the prisoner in his own lodgings that same evening, about six o'clock; I charged him with taking the carpeting, he denied it, and then the officer that we had with us took him to Mr. Houlditch's; he denied it there, and then we took him to Bow-street.

Q. How happened it that you did not stop him at the time? - A. He is a person that frequently worked at Mr. Houlditch's for his master, and as he was at work there, I did not suppose he took it away with an intention of stealing it.

Q. You are quite sure you saw him take it away? - A. Yes, I am.

- CROCKER sworn. - I went with Mr. Black to the prisoner's lodgings, where I found this coat, which Mr. Black said, in the presence of the prisoner, was the coat he had on when he took the carpeting away.

Q. (To Mr. Houlditch.) Did you give any authority to the prisoner to take away that carpeting? - A. No.

Prisoner's defence. I did not go to work, nor I was not upon Mr. Houlditch's premises in the course of that day.

NOT GUILTY .

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

Reference Number: t17990508-35

298. ANN WILLIAMS was indicted for feloniously stealing, on the 2d of May , a woollen purse, value 1d. two metal buttons, value 1d. two half-crowns, sixteen shillings, and two sixpence, the property of Edward Burke , privily from his person .

EDWARD BURKE sworn. - I am a recruit ; I was discharged from Chatham barracks on the 1st of May last; I was in the first regiment of Worcester volunteers, commanded by Col. Noble: On Thursday, the 2d of May, when I came to Saffron-hill , between three and four o'clock in the afternoon, I went into a public-house kept by a man of the name of Gibbons; my partner and I sat down and had a pot of beer; I fell asleep, and my partner left me.

Q. Before you went to sleep, did you see the woman in the house? - A. Yes, she was sitting in the same box; I had my jacket buttoned about me, and I got it open; I put my hand in my pocket, I did not get a farthing out of my twenty-two shillings, it was in my jacket pocket in a little purse; there were two half-crowns, two sixpences, and, I think, I had between fourteen and fifteen shillings, and three or four buttons belonging to my regiment; when I woke, I reported to the publican that I was robbed; then the publican told her she must have robbed me; she said, it was not she that robbed me; I told him I had one remarkable shilling, there was something like the figure of a lion, or a dog, I do not know which, and on the other side of it a figure of five or an S, I could not make out which; the publican sent for a constable, and the constable took seventeen shillings and sixpence of the money out of her pocket, and kept it, and the buttons; I have not had any thing to subsist upon from that time, but the publican has subsisted me ever since.

PATRICK GIBBONS sworn. - I am a publican; as soon as the recruit awoke, he told me he was robbed, and I charged the woman that was fitting along-side of him, and then recollecting that the prisoner had changed one shilling and sixpence about an hour before, having a suspicion of her doing it, I immediately upbraided her with it; I asked him if he had a remarkable shilling about him; he said, he had; I pulled out a shilling that I had received from the prisoner, and asked him if that was it; he said, yes, he could swear to it, and then he burst out crying; the prisoner denied that she did it; I sent to Hatton-garden for an officer, I saw him search her; he took from her seventeen shillings and sixpence, some were shillings, and the other was a half-crown; the rest, she said, she had changed; I observed the shilling particularly when I received it from her, because I had before detected the person that was with her in putting off bad money, and that made me look very particularly at the shilling.

GEORGE LONGDEN sworn. - I am an officer; I found this purse, containing this money, upon the prisoner; one half-crown, one sixpence, and fourteen shillings in silver; sixpenny worth of halfpence, and two regimental buttons; she said, she had a guinea given her the day before by some Lord, I forget his name.

Gibbons. I kept the shilling a good while, but I believe it was paid in change by my wife, for I had lost it; there was something like a lion upon it, and an S on the other side.

Prisoner's defence. I was selling water-cresses at Chelsea, and I met a Lord that came from the same place that I did, Lord Cremorne, he gave me a

giunea, and I went into this house, and had a glass of gin and a pint of beer.

Q. (To Barke). Had you been drinking that day? - A. No, I had not; I was weary and tired with walking.

GUILTY (Aged 31.)

Of stealing to the value of 1d.

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

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

Reference Number: t17990508-36

299. JOHN RUDGE was indicted for the wilful murder of Daniel Gray .

SAMUEL GRAY sworn. - I am the son of the deceased; I was in the City at the time it happened; when I came home, I heard he was in the hospital.

Cross-examined by Mr. Gurney. Q. Your father was eighty-four years of age, I believe? - A. No, near seventy-six.

Q. He was, I believe, extremely deaf? - A. He was very much so indeed.

Q. I believe you have yourself said, that if a cannon was to be fired off, he would not hear it? - A. He was so deaf, that I could never make him hear.

Q. So that if a coachman was to call to this man crossing the road, he would not hear it? - A. He has been run over several times.

HENRY STEVENS sworn. - I was walking down Duchess-street, Portland-place , the day this accident happened; I heard a noise, as I was going along, call out; this drew my attention, and I looked back and saw Mr. Gray, the deceased, under the horses' feet.

Q. Had you seen him fall down? - A. No, I had not; the first I saw he was lying under the horse's belly; I held up my hand in this direction to the coachman to stop; the prisoner at the bar was a coachman .

Q. Did he stop? - A. He did not stop then, and the fore wheel of the carriage went over Mr. Gray.

Q. Was that the cause of his immediate death?

Mr. Gurney. A. No, my Lord, he lived three weeks after that.

Q. Did the coachman hear you call to him to stop? - A. I do not exactly know that he did; I kept still calling to him to stop, but he did not stop; he went round the corner into Duke-street, and there I lost sight of him.

Q. Was he driving Furiously? - A. He was going by no means fast, I think the jog trot of a hackney-coach; I attended to the man, got him out of the road, and he was sent to the Middlesex Hospital; I examined him, and found that his thigh was broke, and one of his arms.

Q. On what day was this? - A. On Monday, the 15th of April, last Monday was three weeks.

Cross-examined by Mr. Gurney. Q. This was a gentleman's carriage? - A. Yes.

Q. And he was driving no more than the pace of an ordinary hackney-coach? - A. No.

Q. Whether he heard you call to him, you cannot tell? - A. No, he might not.

EDWARD DOUGHTY sworn. - I am house surgeon of the Middlesex Hospital, I reside there; I was in the hospital when the deceased was brought in; I examined him, and found his right arm broke, it was a compound fracture, and his right thigh broke; had he been a young man, he might have recovered this injury; but, being an old man, there was no chance of his recovering, his arm being a compound fracture: he continued in the hospital from the 15th of April to the 4th of May.

Cross-examined by Mr. Gurney. Q. You and Stevens both gave evidence before the Coroner? - A. I was not called.

Q. The verdict of the Coroner's Jury was accidental death, I believe? - A. I believe it was.

Q. If this had been a young man, you think he would have recovered? - A. Yes.

WILLIAM JACKSON sworn. - On the 15th of April I had a warrant to apprehend the prisoner; going to the office, I said to him, coachman, why do not you take more care, and stop your horses; says he, I called out to the man, he would not get out of the way; says I, why did not you draw your horses on one side; he said, it was his own fault; I told him he did not know what trouble he was bringing upon himself, but his troubles were nothing to the poor old gentleman's, with his broken arm; says he, it serves him right if his neck was broke.

Cross-examined by Mr. Gurney. Q. How long was this after the accident? - A. About an hour.

Q. By that time had he not rendered himself insensible by intoxication? - A. Yes, he was in liquor.

Q. It was as much as he could do to walk, was it not? - A. No, he could walk very well.

Prisoner's defence. The moment I saw the man, the accident happened; it was done in a moment; I had not power to stop.

For the Prisoner.

JAMES CHISHOLME , Esq. sworn. - Examined by Mr. Gurney. Q. I believe the prisoner was in your service, as a coachman? - A. He drove a pair of job horses for me from the 19th of November last, till the 15th of April, when, he was taken up.

Q. You were not in the coach, I believe? - A. No.

Q. Mrs. Chisholme, I believe was? - A. Yes; his character was quiet, orderly, inoffensive, and sober; he was on board wages the first six weeks,

and, in the course of that time, I had an opportunity of observing whether he was a fit person to be taken into my house; I found he was, and it is my duty to say, that I believe he would not wilfully have injured any man.

The prisoner called five other witnesses, who deposed that he was a humane, tender-hearted, good man, and that they believed he would not hurt a worm. NOT GUILTY .

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

Reference Number: t17990508-37

300. SARAH CORDING was indicted for feloniously stealing, on the 4th of April , a woollen cloth cloak, value 10s. and two muslin handkerchiefs, value 2s. the property of Sarah Wendeman .

SARAH WENDEMAN sworn. - I lodge in Whitechapel; I lost two neck handkerchiefs and a cloak from off my bed, on the 4th of April; the prisoner came to take lodgings in the same house where I lived; I was not out of the room two minutes, I left the prisoner in the room; when I came back, they were gone; I found the cloak afterwards at the pawnbroker's.

JOHN RICHARDS sworn. - I am servant to a pawnbroker; I took in this cloak of a woman, but cannot swear to the prisoner; it was on the 4th of April; it was a woman partly of her size and height. (Produces the cloak.)

Wendeman. This is my cloak.

COLLEY RYMER . - Q. How old are you? - A. Turned of twelve.

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

Q. Do you know what will become of you if you swear falsely? - A. No.

Prisoner's defence. I never saw this cloak; this woman is a common prostitute.

NOT GUILTY .

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

Reference Number: t17990508-38

301. SAMUEL PARSONS was indicted for feloniously stealing, on the 16th of April , a wooden barrel, value 2s. the property of William Dibble .

WILLIAM DIBBLE sworn. - I live in East Smithfield ; I lost a barrel out of my yard; the prisoner came across the way from the yard, and passed my own door, with this barrel on his shoulder; my servant stopped him.

SUSANNAH GORMAN sworn. - I was sitting by my fire-side just before ten o'clock; I heard two men going up the yard, and I heard them come down again, and they knocked the barrel against my door; I opened the door, and saw them with the barrel; one said to the other, "d-n your eyes, why do not you lift it up?" Then I went to Mr. Dibble and informed him of it.

Q. Was the prisoner one of those men? - A. Yes.

JAMES ARIS sworn. - I work for Mr. Dibble; Mrs. Gorman came over, and told me that two men had got a barrel belonging to my master; I went out, and took it from the prisoner; I know it to be my master's property.

Prisoner's defence. I went up this court, thinking it was a thoroughfare; I fell against the barrel, I took it up, and as I was going past this gentleman's door, they stopped me.

GUILTY (Aged 30.)

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

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

Reference Number: t17990508-39

302. SARAH MADDEN and SARAH HUGHES were indicted for feloniously stealing, on the 6th of April , fourteen yards of printed cotton, value 20s. the property of John Jackson .

JOHN JACKSON sworn. - I am a linnen-draper , in Oxford-road ; I can only speak to the property.

JOHN CROSWELL . - Q. How old are you? - A. Going of fifteen.

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

Q. Do you know what will become of you if you swear falsely? - A. I shall come to no good.(He is sworn). On the 6th of April, between four and five o'clock in the afternoon, I had been to seek for a place; as I was going along, I saw the two prisoners look very hard at me, and then they looked in at Mr. Jackson's shop at a piece of cloth; they went past the door as far as the coffee-house, and then came back again; I stood at the corner of Cavendish-street; they both went up Cavendish-street, talking to one another, and looking back; they went round, and came through a court by Oxford-chapel; then I saw them come back to the same shop, and look at the same piece of cloth; it hung out at the door upon a piece of board, there were several pieces by it; then they went to the same coffee-house again, and then they turned round, and Hughes, the youngest one, took it up, and gave it to Madden, and she put it under her cloak; Hughes stood looking at some muslin, when Madden ran up the court as hard as ever she could; I then went in and told Mr. Jackson of it, and two of the men came out; I ran up by Oxford-chapel, but could not see Madden, I saw Hughes, and told Mr. Jackson's men that she was one of them, and they took her home to the shop, and sent for Mr. Bates, and he took her to the watch-house; about a quarter of an hour after I

Madden again; I went to the public-house the corner of Vere-street, I saw her there; she asked me if I would have any beer; I said, no, I thank you; then she was going out; I set my back against the door, and called for assistance; I told the landlord she had been robbing a shop in Oxford-road of a piece of cloth; she said, she had got none; she pulled her apron on one side, and then I saw a bit of it hanging under her cloak; I lifted up her cloak, and pulled it from her cloak; I gave it to Mr. Bates, and he has got it.(Bates, the officer, produced the property.)

One of the Jury. (To Crosswell). Q. I should be glad to know how you get your livelihood? - A. I have neither mother nor father, I am a potboy when I am in work.

Q. Is the owner of the public-house here where you took it from her? - A. No; I go a plaistering in the summer time; I am out of place at present, but I am going to a place at Mr. Thorogood's, a plaisterer.

Jackson. Somebody informed me, not the boy, that a woman had got a remnant of cotton at a public-house the corner of Vere-street.

Q. What did the boy say to you? - A. He said, that there were two women came to the door, and one of them took the linen from the door, and gave it to the other; one of my young men immediately went after them, and they caught the young one, Hughes; she pretended she had been with no other women at all; I immediately sent for a constable; I did not see the other till about ten or fifteen minutes afterwards; I was told she was taken at a public-house; I went to the public-house myself, and the prisoner had then this cotton in her possession, she had got it in her apron.

Madden's defence. This girl that stands by, is as innocent as the child unborn; I never saw her in my life till I saw her at the watch house; that boy has been tried this Sessions at the Hall for felony; he has been in the same prison that I was in; he makes a property of swearing people's lives away; I had the property; I picked it up in the street; I am a poor distressed widow, and have three small children; I have been sick these five weeks with a decline.

Hughes's defence. I am as innocent of what is laid to my charge as the baby unborn.

Q. (To Crosswell.) Have you ever been tried? A. No; I have got neither father nor mother, and I was taken up in the street late at night as a disorderly person.

Q. Then you were not taken up for felony? - A. No; Mr. Bates took me to Marlborough-street, and I was sent to Bridewell; it will be a month next Friday.

Q. (To Bates.) Did you ever take up Crosswell? - A. The watchman brought him in as disorderly, and I took him down the next day to Marlborough-street.

Q. He was not charged with felony? - A. No, he was not.

WILLIAM BROWN sworn. - I was constable of the night the boy was brought in; he was brought in by one Brunton, one of our watchmen; he said, he had no place to go to, and the watchman had brought him there to fit up in the watch-house; then Bates said, if Brunton did not charge him as disorderly, he would, for he wanted him to be an evidence against these two women; he was committed not as disorderly, but for the purpose of being an evidence.

Q. (To Bates.) Q. Is what Mr. Brown has said, true? - A. I do not deny but what I said I would charge him as disorderly if Brunton did not, for I wanted him as a witness against these women; I had the possession of the property.

RICHARD LOVETT sworn. - I took the prisoners to Clerkenwell for this offence, and several days afterwards this boy was brought in as being disorderly; he was found lying in the open air, and I took him to prison; he was to have come and signed the information at Marlborough-street; he did not come, and therefore he was kept in custody.

Madden, GUILTY (Aged 48.)

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

Hughes, NOT GUILTY .

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

Reference Number: t17990508-40

303. JAMES FLEMING was indicted for feloniously stealing a quantity of clover feed , the property of Charles Minier and William Minier .

The prisoner pleaded GUILTY .

Transported for seven years .

Tried by the RECORDER.

Reference Number: t17990508-41

304. GEORGE EVANS was indicted for that He, on the 9th of January , was possessed of a Bil of Exchange, for the payment of money, to the tenor following:£.28 16s. Devonshire Bank.

Thirty days after date, pay to the order of Mr. Thomas Scott , twenty-eight pounds sixteen shillings, value received. Exeter, Nov. 21, 1798.

For Baring, Short, and Collins.

John Baring , No. 1785.

Messrs. Francis and William Gosling , and Benjamin Sharpe , London.

And upon which Bill of Exchange were certain endorsements, as follow: Thomas Scott , R. Dudley; and being so possessed of the said bill, feloniously did utter as true, a false, forged, and

counterfeited endorsement upon the said bill, purporting to be an assignment of the said bill under the hand of Samuel Taylor , which said forged endorsement is as follows: " Samuel Taylor ;" with intent to defraud Messrs. Daubeny, and Company , of Bristol .

Second Count. Charging it to be with intent to defraud Thomas Hornsby .

Third Count. Charging it to be with intent to defraud Francis and William Gosling , and Benjamin Sharpe ; and,

Fourth Count. Charging it to be endorsed with the name of Thomas Scott , only.

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

JAMES HASSELDEN sworn. - Examined by Mr. Woodsall. I am rider to the house of Daubeny, and Company, in Bristol.

Q. On the 30th of last December did you enclose any bills in a letter to Mr. Daubeny? - A. I did.

Q. Among those bills was there one for 28l. 16s.? - A. Yes.

Q. Look at that bill, is that it? - A. It is.

Q. Has it the name of Taylor to it? - A. Yes; there were two for 15l.

Q. This is a bill for 15l. look at that? - A. This is the bill.

Q. Was the endorsement of Samuel Taylor upon either of these bills at the time you sent them to Mr. Daubeny? - A. No.

Q. Did you put this, letter, with these bills enclosed, into the Post? - A. Yes; I put them into the Post myself, at Worcester, on a Sunday, about eleven o'clock in the morning.

Cross-examined by Mr. Knowlys. Q. At the time you put this letter into the Post the prisoner lived at Bristol and not at Worcester? - A. I understand he does.

Q. You do not know, yourself, that that letter ever got out of Worcester? - A. I cannot speak to that.

THOMAS ST. JOHN sworn. - Examined by Mr. Abbot. I am the Post-master at Worcester.

Q. Do you remember whether you forwarded the Bristol bag from Worcester on the 30th of December last? - A. It was forwarded.

Q. To whom was it delivered in order that it might go? - A. To John Chandler , the Mail-guard.

Q. Was there, the same evening, a bag sent by the same conveyance to go from Bristol to Bath? - A. Yes.

Cross-examined by Mr. Jackson. Q. Did you deliver the bag yourself? - A. My clerk sealed up the bag, and I saw him deliver it to the guard.

Q. Whether this letter was in it you cannot say? - A. No; it is impossible out of so many hundred letters.

JOHN CHANDLER sworn. - Examined by Mr. Woodfall. Q. Did you, on the 30th of December, receive the Worcester bag for Bath? - A. For Bristol and Bath.

Q. When you arrived at Bristol, did you miss that bag? - A. When I got to the Post-office at Bristol the bag was missing; I went to the yard to see if I had left it in the coach, but I found it was not.

Q. You do not know where it was lost? - A. The last place I saw them at was Tewkesbury.

Cross-examined by Mr. Knowlys. Q. Whether it ever got further or not you do not know? - A. No.

Therefore it might have been taken at Tewkesbury? - A. Yes.

JAMES FRY sworn. - I am clerk in the Post-office at Bristol: I was not present when the bags were delivered; I examined them, and found the Worcester and Bristol bag missing; about a quarter of an hour after that, we missed the Worcester and Bath bag.

WILLIAM THORNE sworn. - Examined by Mr. Abbott. Did you find any bag of letters at Bristol, on the 31st of December? - A. Yes, in the Quay-street.

Q. Do you happen to know at what house the Mail-coach stops? - A. Yes.

Q. Is Quay-street situated near the Post-office? - A. It is in the way that the Mail-coach usually goes from the Post-office to the stables.

Q. Did you, upon looking at it, know what bag it was? - A. No; I took it to the shop, and asked a shop-mate, and he could not tell me what it was; then I took it home, and kept it for two or three days, till my master told me what it was; and then, on Wednesday the 2d of January, I carried it to the Post-office; my master told me it was a mail bag.

Mr. Abbott. (To Fry.) Q. Do you remember a bag being brought to the Post-office on the Wednesday? - A. Yes, the bag from Worcester to Bath, of the 30th of December.

Q. That is therefore the bag that should have been delivered on the Monday morning? - A. It should.

Mr. Knowlys. Q. In the course of business at the Post-office, does it not occur that a letter intended for one place is sent to another, by mistake in the sorting? - A. Very frequently.

Q. Therefore a letter which might be directed from Worcester to Bristol, might get to London and not come to Bristol? - A. It frequently happens.

DANIEL GIBBONS sworn. - Examined by Mr. Woodfall. Q. On the 10th of January last, did you deliver any letter at the prisoner's house? - A. I did.

Q. Was it an ordinary letter? - A. It was a letter charged treble, one shilling and nine-pence.

Mr. Fielding. Q. Have you a memory of what the direction to that letter was? -

Mr. Knowlys objected to the question.

Q. Do you recollect what he paid for it? - A. He gave me a shilling, a sixpence, and three pennyworth of halfpence.

GEORGE DAUBENY , Esq. sworn. - Examined by Mr. Abbott. Q. You are a merchant at Bristol? - A. Yes.

Q. Mr. Hasselden is your clerk? - A. Yes; he is our rider.

Q. Did you at any time, in consequence of information, go to the house of the prisoner? - A. Yes; I think it was on Saturday the 12th of January; I went to the prisoner's house with two of our officers, and a search-warrant; I saw the prisoner, George Evans, and I asked him if he knew a Mr. Samuel Taylor ; he said he did, that he lived at Clifton; and upon asking him who he was, he said he was a gentleman who had called several times at his shop, with a servant in livery, to purchase small articles; the prisoner's wife keeps a very small shop in the grocery line, or rather as a buckster; I asked him if he knew where he lived; he said, no; that his servant always took away the things that he purchased, with him; I asked him if he had not had a letter on the Thursday, directed to Mr. Samuel Taylor , at his house; he said he had received such a letter, and had taken it in, at the desire of the said Samuel Taylor, that he expected such a letter; I asked him what postage he had paid for this letter; he told me, one shilling and seven-pence; I asked how long he had known Samuel Taylor; I understood him about a month, or six weeks; he said, he had seen him but twice, and once was through a glass in the partition, his wife had seen him a great many times.

Q. Did you go with him to Cliston? - A. I did not pursue my enquiry at that time any further, but engaged him to go with the officers the next day to Clifton, to see if he could find him, he said he would go.

Q. Did you execute your search-warrant? - A. I did not at that time, from the character I had of him from one of the officers; the next day, I understood, he did go with the officers.

Q. Do you know what gentleman Evans is clerk to, in Bristol? - A. I do; he is clerk to Messrs. Snooks, they live in Broad-street; he acts as porter to them.

Q. In going from his house to Broad-street, he goes through the streets in Bristol through which the Mail-coach goes? - A. Yes; Quay-street is in the way; there are two ways in which he might go, but either way he must cross Quay-street, either at one end or the other.

Q. Are the sort of articles that are sold at the prisoner's shop to be bought at Clifton? - A. Certainly.

Q. What is the distance of the prisoner's house from Clifton? - A. About a mile, or a mile and a quarter.

Q. How soon after did you see the prisoner again? - A. The next day that I saw him was on the Tuesday following, the 15th, at his own house.

Q. Did a letter come on the 31st of December to your house from Worcester? - A. It did not.

Q. What passed between you and the prisoner on the Tuesday? - A. I asked him again about the postage of this letter; I asked him if he was sure it was one shilling and seven-pence; he persisted in it that it was; I told him, that I supposed he must be correct, having received the postage back from Taylor, as he told me, within an hour; and I asked him whether he had given Taylor five pennyworth of halfpence out of two shillings, or whether he gave him eighteen-pence and a penny.

Q. Where did you see him next? - A. At the Council-house, the week after.

Q. Did you see him write there? - A. I did.

Mr. Fielding. (To Gibbons.) Q. Did you deliver any other letter at the prisoner's house that day? - A. No.

THOMAS SMETHURST sworn. - Examined by Mr. Fielding. I am a clerk in Hornsby's Lottery-office, in Cornhill.

Q. Do you remember, on the 9th of January, receiving any letter at that house, look at that? - A. Perfectly well.

Q. What did that letter contain? - A. A bill drawn upon Baring's house, at Exeter, for 28l. 16s.

Q. Look at that? - A. This is the bill; in consequence of receiving that letter, we sent shares to the amount of 28l. 17s. 6d. I think it was, which we sent by return of the Post, the 9th of January, I think it was directed for Samuel Taylor, to be left at Mr. George Evans 's, grocer, Steep-street, Bristol. (Reads.)

"Clifton, Gloucestershire; Jan. 8, 1799.

"Messrs. Hornsby, and Company, Please to send, by return of Post, for the enclosed 28l. 16s. which I believe is sufficient to pay for one half ticket and six quarters, in the ensuing Lottery."(The letter produced, and the bill).

Q. Do you know any thing of this bill having been presented? - A. We had the bill returned; it was stopped at Down's house.

Q. Did it come to you with the same endorsements that now appear upon it? - A. It did.

Mr. Fielding. (To Fry.) Q. Is that the Postmark which it would have, going from Bristol to London? - A. Yes, it has my own mark upon it.

Mr. Fielding. (To Smethurst.) Q. What is Mr. Hornsby's name? - A. Thomas Hornsby .

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

JOHN SCOTT sworn. - Examined by Mr. Abbott. I am clerk in the house of Messrs. Hazard, and Company.

Q. Look at that letter, and bill for 15l.; did you receive that letter, and that bill in it, at your house? - A. I did, on the 14th of January; it has the Bristol Post-mark.

Q. (To Fry.) Is that the Bristol Post-mark of that day? - A. It is.

Mr. Jackson. Q. Did you send the tickets? - A. No; we did not like the appearance of the bill.

Mr. Abbott. (To Mr. Daubeny.) Q. You saw the prisoner at the Council house at Bristol? - A. Yes.

Q. Upon that occasion, did you see him write? - A. I did.

Q. Had Evans, at any time, told you he expected another letter? - A. He had not.

Q. Did any body dictate to him what he should write? - A. Yes, I dictated to him word by word; I dictated copies of two letters, one to Hazard, and one to Hornsby, in the presence of six other Magistrates; upon receiving information from London that a second bill had been presented, my suspicions were strong with respect to Evans; I took the letter to Mr. Snook's.

Q. Are these the papers that he wrote? - A. Yes, these are the papers that he wrote.

Mr. Abbott. We are going to shew your Lordship, as a fact, the correspondent spelling of some words in each of these letters.

Q. How is Gloucestershire spelt? - A. Gloustersheire; the word Price is spelt with a z in both.

Q. How is the word inclosed spelt there? - A. In Closed, as if it were two words In Closed.

Q. How is the word sufficient spelt? - A. Sufficient.

Q. In each of these letters the name Samuel Taylor occurs? - A. It does.

Q. Did you, at any other time, see the prisoner write? - A. I saw him write his own name at the same time.

Q. Be so good as look at the bill in question, and also at the letter to Hornsby's house. Having seen the prisoner write, are you able to form an opinion, whether the name, Samuel Taylor , upon that bill, is the hand-writing of George Evans , who wrote these copies in your presence? - A. I believe so from that circumstance.

Q. Can you form an opinion of the letter addressed to Hornsby's? - A. I believe this letter to be the prisoner's writing.

Q. Look at the letter addressed to Hazard - are you or not, able to form an opinion of that handwriting? - A. I believe this to be the hand-writing of George Evans.

Q. Did you ever happen to hear of any gentleman of the name of Samuel Taylor, at Cliston? - A. No; I have made a great deal of enquiry, but have not heard of such a person.

Cross-examined by Mr. Knowlys. Q. Is Clifton a place where persons resort for amusement as well as ill health? - A. It is a watering-place.

Q. Is it not a pretty common thing for swindlers to go to such places? - A. Yes.

Q. And change their residence pretty often? - A. Yes.

Q. Therefore, gentlemen of that description might have one place at Bristol, and another at Clifton? - A. Very probably.

Q. Do you know any thing more likely to recommend a man to business than his being civil? - A. No.

Q. And if a gentleman, with his servant, should ask him to take in a letter, is there any thing more likely than that he would grant it? - A. Nothing more likely.

Q. And he said this man seemed to be a man of fashion, and likely to be a good customer, from his appearance? - A. Yes, he said he was a gentleman with a livery servant.

Q. Do you know of any thing more likely to engage a man to permit a person to have parcels or letters left at his house than purchasing articles of him? - A. Certainly.

Q. This man himself represented to you, that this person, who assumed the name of Taylor, had bought some goods of him, and therefore he had permitted him to have letters left at his house? - A. He said, he had requested him to take in the letters for him, which he had agreed to do.

Q. You have no doubt but he went to Clifton with the officers? - A. I have none.

Q. This account, which he had given, was likewise confirmed by his wife, in his presence, upon the instant? - A. Certainly.

Q. Your enquiry, was respecting the name of a person which you suspected to be forged to this bill? - A. I had my doubts from the good character of the man.

Q. Your enquiry, was respecting the person whose name appeared to be forged to that bill? - A. Yes.

Q. Then you could not find any such person as Samuel Taylor at Clifton? - A. No.

Q. This man did not hesitate in giving you this account? - A. He did not hesitate much; he appeared a little struck at seeing me with the constables, which it was very natural that he should.

Q. And you are a Magistrate too? - A. Yes.

Q. And this Taylor, he represented as having seen but twice, and once through a glass? - A. Yes.

Q. However, he did not at all represent himself

as a person intimate with him? - A. I doubted even whether he would be able to fix upon the man when he went to look for him.

Q. This was on the 12th; the prisoner remained in his house, and in his business, and perfectly visible to all the world, from the 12th to the 15th? - A. Yes, he did, certainly.

Q. On the 15th you made fresh enquires of him, I believe? - A. I did.

Q. Did you take him into custody on the 15th? - A. No.

Q. Where was he taken at last? - A. I think at his master's; he was in his business.

Q. Therefore, though an enquiry had been once made, and that followed up three days afterwards by subsequent enquiries, still the man remained visible, and open to any steps that might be taken against him? - A. He certainly did.

Q. At the time he was apprehended, he still remained in the employ of Mr. Snook, who is a man of character? - A. Yes.

Q. You say, he gave you an opportunity of comparing what you pleased with his actual hand-writing, for at your request he copied two letters for you? - A. He did.

Q. And he is taken up on a charge of forgery, writing that which he ought not to write? - A. Yes.

Q. And yet he actually copied just what you chose to dictate? - A. Yes.

Q. So that he submitted his hand-writing to every investigation you could possibly make, of his character and hand-writing? - A. Yes.

Q. Though he was charged with forgery? - A. Yes.

Q. You have spoke of the character of the handwriting, now, I would ask whether you have not, before you gave your evidence to-day, repeatedly, and repeatedly, compared the Samuel Taylor in the letter with the Samuel Taylor on the bill? - A. I certainly have; otherwise, I should not have given the evidence I have given.

Q. Did you cause the prisoner's house to be searched, or assist in the search? - A. I caused it to be searched some days after.

Q. Upon the search, have you ever discovered the half ticket, or any one of the six quarters? - A. The officer told me he had found no such thing; he brought some books of his hand-writing.

Q. You have looked likewise at his own books, to form your opinion of the hand-writing? - A. I have.

Q. This man has bore a very good character? - A. Yes.

Q. When you put him to write, though he spelt some words like the person who actually wrote that letter, yet, in some words, or some word, he differed from it? - A. Yes.

Q. I believe it happens with a great many people who make a fine appearance to spell very indifferently, especially these sort of gentlemen? - A. Very likely.

Mr. Abbott. Q. His wife had often seen Taylor? - A. She had seen him often; and once changed a ten pound note for him.

Q. My learned Friend has asked you a great deal about the company at Clifton; is it a probable thing, that a person residing at Clifton, should go to a house like the prisoner's, at Bristol, to buy huckster's goods? - A. I should think not.

Q. And he had come to this house for a month or six weeks before, at different times? - A. Yes.

Q. Did the wife say that in his presence? - A. Yes.

Q. From having seen that hand-writing upon the bill, and having seen him write, you form your opinion that it is the prisoner's hand-writing? - A. Yes; and seeing him write is the principal ingredient of my belief.

Jury. Q. Did you state to the prisoner any motive for your wishing him to write two letters? - A. No, I did not; we gave him to understand, that we had no faith in his account of Taylor, and desired him to write these letters, which he complied with instantly.

WILLIAM HUMPHREYS sworn. - Examined by Mr. Fielding. Q. Are you acquainted with the prisoner? - A. I am.

Q. Do you remember seeing him, at Bristol, on the 31st of January? - A. I was sent by Mr. Daubeny to his house; I told him I was sent by Mr. Alderman Daubeny, to ask him if he had any objection to copy that letter; he said he had no objection.

Q. What letter was it that he did copy? - A. He wrote this letter, (producing it), in my presence, from my dictation; while he was writing it, he asked me as to the spelling of the word price; he said, is it not spelt with a zad; and he spelt it with a z.

Q. From having seen him write, and having been sent by Mr. Daubeny for that purpose, bearing that in your mind - I ask you whether the endorsement of Samuel Taylor upon that bill, is or not, to the best of your judgement, the hand-writing of the prisoner? - A. From what I have seen of the prisoner's writing, I believe it is.

Q. To the best of your belief, is it, or is it not? - A. I believe it is.

Q. Look at that letter to Hornsby's? - A. I believe it is his writing; I have seen a great deal of his writing, in his books and papers. (It is read).(The endorsement on the bill read, " Thomas Scott , R. Dubley, Samuel Taylor.")(A letter addressed to Messrs. Hornsby, and

Company, stock-brokers, Cornhill, London, read, dated Clifton, Gloucestershire, January 8, 1799.)

Mr. Knowlys. I perceive there is another difference in the letter, which Mr. Daubeny did not mention; in the one it is return, in the other, ruturn; and in one, plase, and in the other, pleas.

Mr. Hasselden. I am not certain whether the sum in the bill is 27l. or 28l. I believe it to be 28l. I have a doubt whether it is an eight or a one; I made a copy of it, and copied it as a bill of 28l.

Mr. Knowlys. The indictment is a bill of 21l.

Mr. Hasselden. I cannot say whether it is 21l. or 28l.

Jury. We believe it is 21l.

Mr. Justice Grose. That which makes it appear like an 8, is a streak of dirt.

Mr. Jackson. (To Humphreys). Q. It was sixteen days after that he was taken up? - A. Yes.

Q. He had been pursuing his ordinary vocation? - A. He had.

Q. When you stated that Mr. Alderman Daubeny wished him to copy this letter, he did it instantly from your dictation? - A. He did.

Q. Had you ever seen him write before? - A. No, I never had.

Q. If you had not had this means of comparison, you would not have been able to form an opinion? - A. Certainly I should not.

Q. He is a man of extremely respectable character? - A. I always considered him an honest, good kind of man, I never heard any thing against him.

JOHN SNOOK sworn. - Examined by Mr. Fielding. Q. You live at Bristol? - A. Yes.

Q. The prisoner was your porter? - A. Yes.

Q. What was the usual hour of his coming to your house in the morning? - A. About seven.

Q. How far distant is his house from your's? - A. Not near a quarter of a mile, about the half quarter.

Q. You are in the habit of seeing him daily; what time in the morning did you generally see him? - A. We have a large yard behind the house, and he goes there to look after horses, so that I do not see him sometimes till nine.

Q. Can you recollect, about the 30th or 31st of December, what time he came in the morning? - A. No.

Q. Do you remember whether he was or not correct in his attendance from the 30th of December? - A. From the 5th to the 14th of January, he was absent nine days; there were two Sundays, so that it was a week; he had received a fall, as I understood, that was the consequence of his being absent.

Q. How long has he been in your service? - A. Four years.

Q. He bore a good character while he was with you? - A. Yes; he has been intrusted with large sums of money.

Q. Of course, you have seen him write frequently? - A. I never saw him write any thing but his name and signature to an order book, to prove the delivery.

Q. Did he use to write his christian name at length? - A. No, Geo.

Q. Do you think from that, that you can form an opinion of the character of his hand? - A. I do not think I am competent to judge of his handwriting.

Q. He goes from his house to your's the same way that the mail goes? - A. I should have thought not; but I have been told since that the mail did come round that way that day.

Cross-examined by Mr. Knowlys. Q. You understood this absence was occasioned by some accident? - A. I did.

Q. You found him a faithful and diligent servant? - A. O I should not have kept him so long.

Q. You took him from a respectable house? - A. Yes, one of the first in Bristol.

Q. And you have trusted him very largely? - A. Yes.

Q. And would trust him again? - A. Yes, I would; he bore a vere fair character.

Mr. Abbot.(To Fry.)Q. What is the price of a single letter from London to Bristol? - A. Seven-pence; a double letter, one shilling and two-pence, a treble-letter, one shilling and nine-pence.

Q. What letter, coming from London, would have been charged one shilling and seven-pence? - A. No letter at all.

Mr. Knowlys. Then there is a mistake of two-pence in the amount of the treble letter.

The prisoner did not say any thing in his defence. NOT GUILTY .

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

Reference Number: t17990508-42

305. WILLIAM HOLMES was indicted for feloniously stealing, on the 30th of April , a silk handkerchief, value 7s. the property of George Riches , privily from his person .

GEORGE RICHES sworn. - I keep a wholesale Manchester warehouse : On the 30th of last month, I was robbed of a silk handkerchief, about nine o'clock in the evening, I was passing through Coventry-street; towards Piccadilly, and, at the entrance of Coventry-street, I lost my handkerchief; I missed it in Coventry-street ; I had it in my pocket in Leicester-fields; I observed the prisoner within about a yard of me, with two or three other companions.

Q. Why do you call them companions? - A.

Because the prisoner gave in their names at Marlborough-street.

Q. Did you hear them talking together? - A. No.

Q. Did they appear to be in company at the time? - A. They did; on missing my pocket-handkerchief, I asked the prisoner if he had seen any thing of it, he was close to me at that time; he said, he saw nothing of it; I said, that he did, and I insisted upon searching him, which he was ready to admit of; he was immediately behind me, which made me suspect him; I took him out of the bustle into Panton-square, which was about ten yards distance; there I searched him, and found a pocket handkerchief.

Q. A silk handkerchief? - A. Yes, it is marked with the letter R.

Cross-examined by Mr. Alley. Q. You could easily have replaced this handkerchief out of your warehouse? - A. Yes.

Q. He does not look much like a thief? - A. No; and I have reason to believe it is the first offence.

Q. And therefore you indicted him for a capital offence; do not you know that it is? - A. I do not know.

Q. And do not you know that two boys ran away? - A. I did not see them run away.

Q. However, you did not take them into custody? - A. No.

Q. Now, did not the poor boy say, he did not know it was your pocket-handkerchief; that one of these boys had given it to him to keep for him? - A. He did.

ROBERT HENDERSON sworn. - I live with Mr. Riches; I had hold of Mr. Riches's arm at the time this happened; Mr. Riches missed his handkerchief, and said, he suspected the prisoner was the person.

Q. Was the prisoner alone, or in company? - A. I did not observe any body with him at that time; Mr. Riches spoke to him, and asked if he knew any thing of it.

Q. Where was the prisoner at that time? - A. He was before Mr. Riches; he said, he had not got it; Mr. Riches took him by the collar, and led him into Panton-square, the right hand side of the way in Coventry-street; the boy had a great coat on; he turned one of the pockets out, there was nothing there, and the other he was unwilling to turn out; Mr. Riches then put his hand in, and took out his handkerchief, Mr. Riches claimed it immediately; the boy said, one of his companions made him a present of it.

Cross-examined by Mr. Alley. Q. You have mended your friend's story a little; you have told us he was unwilling to be searched; was he not very willing to be searched? - A. He was willing to be searched.

Q. Did not you hear your friend swear he was very willing to be searched? - A. Yes.

Q. Was that true or false then? - A. I never saw any objections that the boy made to be searched.

Q. You have told us that the boy said, that one of his companions had made him a present of it; upon your oath was any such thing said - Was not the expression, that the boy had given it to him to keep for him? - A. I heard no such thing.

Q. Did not you hear Mr. Riches swear so? - A. Yes.

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

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

Reference Number: t17990508-43

306. SARAH MEHAGAN was indicted for feloniously stealing, on the 6th of May , two pair of sheets, value 18s. nine shifts, value 18s. two long towels, value 2s. two table-cloths, value 4s. two napkins, value 12d. a night-cap, value 6d. a hair-cap, value 2d. two towels, value 6d. three clouts, value 3d. and a pair of pocket, value 6d. the property of Ann Pearce .

Second Count. Laying them to be the property of Mary Boyket .

ANN PEARCE sworn. - I do not know any thing of the prisoner.

MARY BOYKET sworn. - I live at No. 1, Crown street, St. Giles's ; I went out last Monday, between eleven and twelve, and left the prisoner there to take care of the place till I came in again; I was gone about half an hour; when I came in again, I missed the property mentioned in the indictment, and likewise Sarah Mehagan was gone; I then went to the woman that owned the property, Ann Pearce , she took them in to wash, and I took them in to mangle; Ann Pearce sent them to me; we found the things at Mr. Lee's, the pawnbroker's, in Broad-street, St. Giles's, they were stopped there; the prisoner said, she was very sorry for what she had done, that was the same evening; I asked her how she could be so to use me so ill.

Q. Did you tell her she had better confess? - A. No; the things were taken upon her.

ALEXANDER LEE sworn. - I am a pawnbroker, in Broad-street, St. Giles's; about six o'clock last Monday, the prisoner came to my shop, and offered me a pair of sheets; she asked me 8s. on them; I asked her whether they were her own; she said, they were; I asked her if she knew the marks that were on them, she could not tell what marks were on them; I then looked at the hand-bills that

had come in that day, and I saw the account of the property being stole, in a written bill; that bill came in about twelve or one o'clock; I then kept her till I sent for Mary Boyket . (Produces the sheets.)

Mrs. Boyket. The woman that owns them is here, I cannot speak to them.

Mrs. Pearce. These are the sheets that I sent to Mrs. Boyket, I am certain of it from the marks; one of them is marked H, and the other S H.

Prisoner's defence. I was very much in liquor, and was over seen when I took them.

THOMAS MUMFORD sworn. - I was sent for to take her into custody, and found these things in her apron. (Produces a pair of sheets, and a number of other articles, which were deposed to by Mrs. Pearce.)

GUILTY (Aged 23.)

Confined one year in the House of Correction , and fined 1s.

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

Reference Number: t17990508-44

307. ANN PUGH was indicted for feloniously stealing, on the 29th of April , two gold necklaces, value 38s. two gold ear-rings, value 4s. two pair of hoop-rings, set in gold, value 8s. a paste hoop-ring, set in gold, value 6s. and a pair of mocoa sleeve-buttons, set in gold, value 2s. the property of Andrew Barrow .

ANDREW BARROW sworn. - I am an engraver and dealer in jewellery ; I lost the things mentioned in the indictment; the prisoner was servant to me; she went out; upon her return home, she was very much intoxicated in liquor; she went up stairs into the attic story; I went up stairs to see whether her candle was safe, that was past eleven o'clock; I found her in a very aukward state with the candle, and I was angry, and blew it out; I had some susspicion of her having taken these articles; I returned back up stairs, took her pockets away, and in her pockets I found the articles mentioned in the indictment; the constable has them, I delivered them to him.( John Hawthorn , the constable, produced the property, which was deposed to by the prosecutor.)

Prisoner's defence. He keeps a house of ill fame.

Q. (To Barrow.) How long had she lived with you? - A. A fortnight. GUILTY (Aged 28.)

Transported for seven years .

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

Reference Number: t17990508-45

308. ANN HEWITT, otherwise FLETCHER, otherwise SMITH , was indicted for feloniously stealing, on the 22d of April , fourteen pair of women's leather shoes, value 30s. the property of George Williams .

GEORGE WILLIAMS sworn. - I can only identify the property, I know nothing of the loss; the husband of the prisoner worked for me, and she has been in the constant habit of carrying work to and from my shop; and she was stopped on the 22d of last month, with some shoes that she was attempting to pawn, they were not shoes that her husband made, and therefore, I presume, they were shoes she stole from the shop, when she came backwards and forwards; I found eleven pair of shoes at another pawnbroker's, in consequence of her having dropped a duplicate in my shop, about a fortnight before; they were all my property.

- BERRYMAN sworn. - I am a pawnbroker,(produces three pair of shoes): On Saturday, the 20th of April, I received a pair of shoes of the prisoner at the bar; on the Monday following, she offered me another pair, and I questioned her about their being her property; she told me she lived at No. 15, New-street, she said she kept a house there; I thought, from her appearance, she could not live there; she afterwards told me she lived at No. 15, St. Martin's-lane; and before I sent to No. 15, St. Martin's-lane, I jumped over the counter and felt her pocket, and asked what she had got there; and she pulled out another pair of shoes; she said she came to pawn them for a man who lived at a hairdresser's shop; my young man found a hair-dresser's shop there, and a man of that name, but he said he had not sent them by her, nor had not seen her for a long time; he was a shoemaker, but said he never made up such shoes; and I stopped her, and sent for an officer.

JOHN MARRIOTT sworn. - I am servant to Mr. Cordy, a pawnbroker: I do not know the prisoner; there were eleven pair of shoes pawned at our house, at different times, which Mr. Williams owned; I took in four pair myself. (They were produced, and deposed to by the prosecutor.)

Prisoner's defence. I met with a person that I never saw before, who asked me to pledge two pair of shoes for him, as a favour; and the gentleman stopped me, and searched me himself, before he sent for a constable, and used me very ill.

GUILTY (Aged 27.)

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

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

Reference Number: t17990508-46

309. MARY SCOTT, otherwise BROWN , was indicted for feloniously stealing, on the 16th of April , a pair of silk and cotton stockings, value 2s. two pair of silk stockings, value 5s. and a pair of black satin breeches, value 21s. the property of Ann Morland .

The property being found in a lodging-room, which

could not be proved to be the property of the prosecutor, she was ACQUITTED .

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

Reference Number: t17990508-47

310. JANE LACON was indicted for feloniously stealing, on the 16th of April , 16l. in money, the property of Samuel Summer , in his dwelling-house .

(The case was opened by Mr. Knowlys.)

SAMUEL SUMNER sworn. - Examined by Mr. Knowlys. I live at No. 45, Red-lion-street, Clerkenwell , I keep a linen-draper's shop .

Q. How long before this robbery you now complain of, had the prisoner lodged in your house? - A. About two years and a half.

Q. Had you, before this matter happened at all, intimated to her a desire that she should quit your house? - A. Yes; she has had warning for three half years; Mr. Carter wrote the last half year's warning.

Q. She did not comply with those notices? - A. The last notice that I gave her was not expired till after I was robbed, it had expired the 23d of May.

Q. And she remained in your house? - A. Yes.

Q. Before the matter, which is the subject of the present prosecution, happened, you had had some losses? - A. I had; on the 15th of March I had lost nineteen pounds.

Q. On the 6th day of April, tell me whether any thing excited your suspicion then? - A. On Saturday, the 6th of April, I had been ill for three days before that, that was the 4th day I had never been out of doors.

Q. At any time in the course of that day, did you miss any thing that excited your suspicion? - A. Yes; about three o'clock in the afternoon, I lost the keys belonging to a desk, where there was twenty pounds thirteen shillings and nine-pence deposited.

Q. In what room, and in what place, was that money deposited? - A. The parlour; it is a kind of parlour and accompting-house together.

Q. In what part of the house was it situated? - A. Behind the shop.

Q. How do you know that the sum there deposited was twenty pounds thirteen shillings and nine-pence? - A. My son was with me at the time I counted it, his name is John Summer ; there was about seven guineas in gold, and the rest was in silver.

Q. In what place was it contained? - A. In a mahogany writing-desk, in the room behind the shop.

Q. Where had the keys belonging to the desk been placed before that? - A. I had left them upon a round mahogany table, by the side of the wainscot.

Q. About what time was it when you last saw these keys upon the mahogany table where you left them? - A. About three o'clock in the afternoon.

Q. How long after that was it that you heard any thing that induced you to go and see if the keys remained there? - A. I wanted them to settle some accounts.

Q. How long before that had you seen the keys? - A. About half an hour.

Q. In consequence of any thing that was said by any body, did you go up to see if the keys were upon that table? - A. I went up stairs on purpose to find them, to settle that account.

Q. Did you find the keys upon that table? - A. I did not.

Q. Did you afterwards find them any where else. and where? - A. Yes; they were put upon another table, which was covered by a piece of green baize.

Q. Were they under the green baize, so as not to be visible? - A. They were under the green baize.

Q. Finding them concealed in that way, did you give any directions to your family respecting those keys which you had found so concealed? - A. I told them to let them remain where they were.

Q. After you had given those directions in your own family, did you find them again in the same place or not? - A. About an hour, or an hour and a quarter; after that time, I went up stairs on purpose to see whether they were removed or not, and they were gone.

Q. Those keys were the keys that would open the bureau where the money was put? - A. Yes.

Q. After you perceived these keys had been removed, did you see the prisoner, and how soon after? - A. I fancy it might be about half past six o'clock; she came into the kitchen to do some little domestic concerns.

Q. She had the use of the kitchen? - A. Yes, always; the prisoner at the bar then told me, that Mr. Thorpe, a banker at Loughborough, in Leicestershire, had been there in the morning, requesting that I would meet him at the George inn, in Aldermanbury, at eight o'clock; I replied to the prisoner at the bar, that my health had so indisposed me, that I was incapable of going out that evening.

Q. Did she say any thing to that? - A. She immediately replied, she wished me to take the two lads along with me, in case I might be more indisposed than I was, that I might send one of them home to inform my daughter.

Q. You have two sons, have you? - A. Yes, one is John, and the other William, they are both here.

Q. What age is John? - A. I think John is between fifteen and sixteen; William was thirteen

the 9th of last month. The prisoner at the bat was very pressing for me to go; I told her I was very incapable of going.

Q. Have you any more than two sons? - A. No.

Q. Then your two sons and your daughter were the whole of your family? - A. Yes.

Q. Have you lost your wife? - A. No.

Q. Was she living in that house at the time? - A. No; she lives in Northamptonshire; I went down to see her the week before last.

Q. Have you any servant in the house? - A. No.

Q. Then the whole of your family consisted of yourself, your daughter, and your two boys? - A. Yes; after that, the children said to me, while she was in the kitchen, that they would advise me to go to speak to Mr. Thorpe; I then took the two boys up stairs with me.

Court. Q. You were to go to the George, in Aldermanbury? - A. Yes.

Q. Was Mr. Thorpe an acquaintance of your's? - A. Yes.

Q. Did the prisoner know that? - A. Yes; she answered him in the morning, I heard her answer him as I lay in bed in the parlour.

Q. What did he come for in the morning? - A. I heard him say to the prisoner at the bar, that he would be glad that I would meet him at eight o'clock at the George, in Aldermanbury.

Mr. Knowlys. Q. At that time, where were you that you heard him say so? - A. I was in bed in the parlour.

Q. After that conversation, what did you do? - A. When the prisoner seemed so over pressing for me to go, I ordered my little girl to bring a candle, and I went up stairs, taking my two boys up, and the girl, leaving Mrs. Lacon in the kitchen by herself. My eldest son is very hard of hearing, the youngest I thought would be the most proper object; I placed him in a cloaths-press, which is a kind of cupboard, where I hang my cloaths, and desired him to be seated there until I came home; I had communicated to them my suspicions, and the circumstance of the keys having been lost; I shut the door, and left him there seated; there is no lock to the door of the cloath's-press, it is a kind of a three-corner, and he was seared in one corner, concealed behind some cloaths that hung before the door. My daughter then shewed me a light, and I and John went out.

Q. When you went out, was the prisoner in sight to observe whether you went out with one or both sons? - A. She was not.

Q. About what time was it that you left your own house, as near as you can guess? - A. About eight o'clock, that was the time appointed.

Q. How long was it before you returned to your own house? - A. The watchman was calling ten as I returned.

Q. Did you go to the George or not? - A. I went to the George, and staid till that time, except the time of walking there and back.

Q. Did you find Mr. Thorpe there? - A. Yes.

Q. When you returned, did you receive any information from your son whom you had placed in the closet? - A. Yes.

Q. In consequence of that information you received from your son William, did you examine the drawer where you had left your money? - A. I did.

Q. Did you find any sum deficient, and how much? - A. There was 16l. 10s. gone out of the 20l. 13s. 9d. and likewise the note.

Q. What note do you mean? - A. It was an account of the money put into the bag, which I had put within the bag, containing an account of the quantity of gold, and likewise the silver.

Q. When had you put that note into the bag? - A. On the Thursday, as this was on the Saturday evening.

Q. In consequence of the information your son had given you, and the loss you found you had sustained, what did you do upon that? - A. I went immediately up to the prisoner at the bar, accompanied by the child that saw her take it, and John went with him likewise.

Q. Where did you find the prisoner? - A. I went into the dining-room, where she was in bed.

Q. Does the dining-room join her bed-room? - A. It does.

Q. Was that the apartment that you let to her? - A. Yes.

Q. How do you know she was in bed? - A. There was a chair-woman there.

Q. Do you mean that you went in so as to see her in bed, or do you only collect it from information? - A. I only went to the door of the bedroom, and the children with me; William told her respecting the robbery.

Q. Whom did William charge as having committed that robbery? - A. He charged her with having committed the robbery.

Q. In your bearing? - A. Yes.

Q. Was the prisoner asleep, or did she make any answer to it? - A. She said, no my love, you may depend upon it I should never attempt to rob your father; the child told her, but, ma'am, says he, you have.

Q. How long was this after you had discovered your loss, and received the information from your son, that you went up to this bed-room with your son? - A. As soon as I had done unlocking my desk.

Q. Did any thing more pass that evening, that is material to tell us? - A. I told her I thought it was a very cruel circumstance for her to rob me,

when, at the same time, she knew my situation in life.

Q. Was your situation at that time distressing? - A. I have been distressed.

Q. You had been distressed for money at that time? - A. I had, and that through losses in trade.

Q. You were at that time distressed for money? - A. Yes, I was distressed in one point, for this money was not mine, it was other people's money.

Q. At that time you were collecting your debts, for the benefit of your creditors? - A. Yes.

Q. Was that all that passed that evening? - A. It was.

Q. Did any thing afterwards pass from her, or in her presence? - A. I went up the next morning again, Sunday; I took the children with me; she appeared to be very ill.

Q. Did any thing pass between you at that time? - A. I repeated the same business to her again.

Court. Q. What do you mean by the same business? - A. The same as before the robbery; she said, if she had got it, she would keep it.

Q. Did any thing afterwards pass as from her, or any friends of her's, in her presence? - A. There was nothing more passed that day; but I observed a woman that used to wash and chair for me, to be let secretly into the house, and I then went to that woman's house, on purpose to know her business.

Q. Did you find any thing in consequence of pursuing that woman? - A. No, I did not.

Jury. Q. When you left your shop on Saturday night, who had the care of it till your return home? - A. My daughter.

Mr. Knowlys. Q. After this, was there any thing passed between you and any of her friends, in her presence? - A. Yes, on Monday, and Mr. Holbrook called.

Q. The Monday after the robbery, which, was on the Saturday? - A. Yes; he said, I had no right to detain the prisoner.

Q. Had you taken the prisoner into custody at that time? - A. No; I told him the door had never been locked upon her.

Q. You will tell us nothing but what passed in her presence? - A. No, this was in her presence; he then asked me, why I did not pursue public justice; I told him, I was immediately going to Bow-street; I went there, but was too early.

Q. Was the office open? - A. No, it was not, this was just after nine o'clock.

Court. Q. Was that after Holbrook left you? - A. Yes.

Mr. Knowlys. Q. How early was it then on the Monday morning that Holbrook called upon you, and held this conversation about the matter? - A. I think it must be between eight and nine.

Q. In consequence of that, what did you do? - A. I then went about my business.

Q. What passed after that? - A. I called there again in the evening.

Q. At Bow-street, do you mean? - A. At Carpmeal's house, which is close to the office.

Q. In consequence of what passed at Carpmeal's, did you go to the office for a warrant? - A. I did.

Q. Did you obtain any warrant at the office, or not, that evening? - A. I did not; the clerk said, it was too late.

Q. Did any thing afterwards pass, either that evening, or subsequent to that evening, between you and the prisoner, or any friend of the prisoner's, in her hearing? - A. Not in my hearing.

Cross-examined by Mr. Knapp. Q. This woman, the prisoner at the bar, lodged in your house for two years and a half? - A. Yes.

Q. You had lived upon excellent terms with her? - A. I can say, very much to the contrary.

Q. Do you mean to swear that? - A. She has had three half-years warning.

Q. Before the three half-years, had you lived upon good terms? - A. We were not always, to be sure, quarrelling.

Q. Not always, but pretty much so? - A. Yes, I had a reason for it; the whole of it was, I wanted her to depart my place.

Q. We have heard something about your wife-your wife does not live with you? - A. No, she does not.

Q. Nor did not all the time she lodged with you? - A. No.

Q. Where did she live? - A. At Kettering, in Northamptonshire.

Q. Were you at separate maintenance? - A. Yes, she has.

Q. You have told my learned Friend, you were rather distressed in your circumstances? - A. I remarked that, and that it was from the loss of money in trade.

Q. You have compounded with your creditors twice, have not you? - A. No, never.

Q. Never at all? - A. No; it was about two years back I asked them for a little time, but I paid twenty shillings in the pound.

Q. You then never offered eleven shillings in the pound? - A. I offered twelve shillings, and the first payment will very soon commence.

Q. Do you know what circumstances this woman was in? - A. No, she never told me in her life.

Q. You never heard? - A. I have heard other people say so.

Q. Was she in good circumstances, or not, from the information you have received? - A. That says nothing.

Q. But it does say something in this Court? - A. It has been generally understood that she was left a woman of property.

Q. Now, do you believe that she was a woman of property, from the information you received, or not? - A. I cannot say but I did.

Q. Now, upon your oath, at any time an oath is a serious thing? - A. Very, it is with me, I assure you.

Q. Upon your oath, have you ever made application to her to become security with you for the payment of any of your debts? - A. Never in my life.

Q. Did she never sell out any stock of her's on your account? - A. Never.

Q. That you swear? - A. Yes.

Q. But, from the information you have received, you believed her to be a woman of property? - A. I believe nobody disputes it.

Q. Your wife being at separate maintenance from you, you never proposed any terms of marriage between you and the prisoner at the bar? - A. Marriage!

Q. You seem thunderstruck and surprised? - A. Enough to surprise me.

Q. Never? - A. No, never, upon my oath.

Q. Nor never said so to any body? - A. Never, upon my oath.

Q. Nor ever drew any bills, which she accepted? - A. She never in her life accepted a bill for me.

Q. I caution you, because I will prove it to you by-and-by; I put it again; have you never drawn bills which the prisoner has accepted; I will shew you the bills? - A. Never in her life; she has paid me for goods with bills, and paid rent with bills.

Q. But you never drew a bill upon her which she accepted? - A. Never in my life.

Q. Now I take it for granted, you have never offered at all to compromise or settle this business, either by yourself, or any of your friends? - A. Never, I always refused it; it will be proved very shortly, I have sufficient witnesses to that.

Q. Nor you never desired any friend to make any offers of that sort? - A. I never did; it was proposed to me by Rowland Pugh , who is a member of the Corresponding Society.

Court. Q. Is he a friend of your's, or her's? - A. I went for this Pugh, as a constable, to take her up.

Q. Are you talking of your friends, or are you not? - A. There was a Mr. Davis that Pugh was with.

Q. Are you talking of an offer made to you by her friends, or did it come from you? - A. There was a compromise made by her sister.

Q. I will have a positive direct answer - was that compromise, of which you were talking to the Counsel just now, one that was proposed by your friends, or by her friends? - A. It was her sister.

Q. Was that compromise offered by Pugh? - A. It was offered, but never accepted by me.

Q. Was it on her part, as a friend of her's? - A. Yes.

Q. Then Rowland Pugh you state to be a friend of her's? - A. Yes.

Mr. Knapp. Q. Now, if I understand you right, in answer to my Lord's question, Rowland Pugh made the offer of compromise upon the part of the prisoner? - A. Upon the part of the prisoner's sister; the sister had said to Davis -

Q. I ask you this, whether the prisoner ever saw Pugh, until you brought Pugh to your house, to the best of your knowledge? - A. She was never at home when Pugh came to my house.

Q. I will put it to you again - I ask you whether the prisoner had seen Pugh before you brought him to your house? - A. Not to my knowledge.

Q. Do you believe that the prisoner, or her sister, ever knew Pugh before you brought him to your house at that time? - A. Oh, yes.

Q. Were you acquainted with Pugh? - A. I have known him for some years, he is no particular acquaintance.

Q. Is he the constable of your parish? - A. I do not know.

Q. Is he not the constable of St. Sepulchre's? - A. Yes.

Q. Then he is not the constable of your parish? - A. No; I went to two constables of my own parish, and could not find them, and I was told that I could take her up by an officer from another parish.

Q. When did you take her up? - A. On the Tuesday.

Q. And it happened on the Saturday? - A. Yes.

Q. Who is Davis, what relation is he to you? - A. He married my sister; the prisoner was never out of bed, I believe, Sunday or Monday.

Q. From ill health? - A. Yes.

Q. When did you apprehend her? - A. I had no opportunity of apprehending her.

Q. Is that an answer - when did you apprehend her? - A. I believe it was on Monday.

Q. What, Monday last? - A. Yes.

Q. This last Monday? - A. Yes.

Q. Are you sure it was Monday? - A. No, it was Tuesday.

Q. Are you sure it was Tuesday; - A. Oh, no, it was on Wednesday.

Court. Q. The Wednesday after? -

Mr. Knapp. No, my Lord, last Wednesday, during the present Sessions.

Q. What day of the month was it you lost your money? - A. The 6th of April.

Q. How long did she remain in your house,

after you charged her with having stolen the money? - A. I do not know, I am sure I fancy it was a week, I am not exactly clear to that.

Q. You told my Friend, you went to Bow-street twice, once early in the morning, before the office opened, and in the evening after it was shut? - A. No, the office was not shut, but it was too late for a warrant.

Q. You went to Bow-street? - A. Yes.

Q. You live at Clerkenwell? - A. Yes.

Q. Do you know Hatton-garden office? - A. Yes.

Q. Did you go there? - A. No, I did not go there for a certain reason.

Q. Did you go, during the fortnight the prisoner was in your house, to any office for a warrant? - A. I did not, I was advised not; I waited till the Sessions commenced at Hicks's-hall, to find a true bill against her.

Q. Will you swear that that was the only reason? - A. I mean to say, that they had been to three different offices, her and her party, and I conceived it better for me to file a bill against her at once.

Q. Then, in fact, you did not proceed by warrant from any office in town at all, but preferred your bill first? - A. I went to Bow-street for a warrant, and should have apprehended her.

Q. But did not prefer any charge against her at any office, till you preferred your bill to the Grand Jury? - A. No, I did not.

Q. And yet she lived in your house a fortnight after you charged her with the robbery? - A. I do not know whether it was a week or a fortnight, I am sure I believe it was only a week.

Q. The only reason you did not go to any office to prefer your complaint was, from the advice you had received from your friends? - A. Yes, it was.

Q. Was there any complaint made against you, and of what sort, at any office, by the prisoner? - A. I do not know by what means there could be any complaint.

Q. I ask you, whether, in point of fact, there was any complaint made against you at the instance of the prisoner, at any Police-office? - A. Why, you know it was in consequence of Davis and Pugh, and their indiscretion, who acted contrary to my orders.

Q. I do not ask you why or wherefore: I ask you, in point of fact, whether there was any complaint, and you know that I know there was a complaint made against you by the prisoner at the bar? - A. There was something said, but it was proved to the contrary that there was no complaint against me.

Q. Were you before the Magistrates? - A. Yes, at Hatton-garden.

Q. And of what nature was the charge and that complaint? - A. That I shall never know.

Q. But it was made known to the Magistrates? - A. I believe not; I believe the Magstirate was misinformed very much.

Q. Was there any complaint made by the prisoner, or at her instance, against you at the Police-office, in Hatton-garden, and when was it made, if you can recollect, perhaps your memory may not serve you? - A. To be sure I was at Hatton-garden.

Q. And upon a charge at the instance of the prisoner? - A. Yes.

Q. Will you, if you can, try and recollect yourself, and tell us what the charge was that was made against you there? - A. I am sure I cannot, I do not know.

Q. You do not know what the charge was? - A. I do not indeed.

Q. Perhaps I may refresh your memory a little; was it any thing like this sort of charge, extorting money for the compounding of a felony? - A. It cannot be.

Q. I ask you, whether there was any such charge against you for extorting money for compounding a felony? - A. They wished to prove that, but it could not be.

Q. Was there such a charge? - A. It was proved to the contrary.

Q. I ask, whether, in point of fact, there was such a charge made? - A. I believe it was generally proved that there was no charge made; they wanted to make a charge.

Q. Upon your oath, was there such a charge made? - A. It was never my desire for any money to be extorted, nor I never saw any money; I did not extort money.

Q. I ask you, upon your oath, was not the charge that was made against you at the time you were at the Magistrates in Hatton-street, for extorting money for the compounding of a felony? - A. I do not know that it was.

Q. Will you swear it was not? - A. I do not know that it was; if it was, it was unknown to me.

Q. Did not an examination take place of witnesses, because my learned Friend was there, and examined and took a great deal of pains about it, and another learned Friend of mine too, relative to a charge of that sort, and in your presence? - A. I was there, but I never understood that I was there upon extorting money by false pretences.

Court. He must know what the nature of the charge was; he has been hanging back, and has not given evidence in a way that he might have done.

Mr. Knapp. Q. I ask you, upon your oath, whether the charge was not for extorting money? - A. If it was, it was unknown to me.

Q. Was not there a charge against you for

extorting money? - A. I said before, if there was, it was unknown to me.

Q. Were there not witnesses examined before the Magistrate to make out that complaint; did you not hear them examined? - A. I heard them examined.

Q. Did you hear them examined upon a charge of extorting money? - A. I do not know that it was, my memory will not carry me to that.

Q. Was not there a charge, then, made against you for obtaining money under false pretences? - A. There perhaps might be that, but if there was, it was not so, in no respect.

Q. I take it for granted, whether it was so or not, the Magistrate was not fool enough to commit you to custody for it, and you were in custody four or five days? - A. To be sure I was in prison four or five days, but I was never heard.

Q. Upon your oath, and I put it to you, and there is a gentleman by me who knows the fact, though Counsel for the prosecution - upon your oath, were not you discharged, because the Counsel, who attended for you, contended it was not a legal charge; and therefore, upon that account, only, you were discharged? - A. It was proved it was not a legal charge.

Mr. Knowlys. Q. Does your Lordship think arguments of Counsel are to be gone into in evidence?

Court. A. It is not necessary I should answer that question.

Mr. Knapp. Q. Have you never received any money for settling this business? - A. No, not a halfpenny.

Q. Nor no Bank-note? - A. No; at Hatton-garden I saw some times in Mr. Dickinson's hand.

Q. What notes were they? - A. I do not know, for I paid no attention to it.

Q. Where were you taken up? - A. At the Horse-shoe, in Goswell-street.

Q. How came you there? - A. A gentleman of the name of Cummins, a silk-mercer, in Cheapside, went with me there.

Q. Upon your oath, did not you go there to settle the business? - A. I did not.

Q. Did you not go there to meet Davis and Pugh? - A. I did not.

Q. Nor you did not know of any money being received by any body else on your account? - A. I did not till after I went into the Horse-shoe, in Goswell-street; I went there, and Mr. Cummins went with me, to see if Mrs. Lacon was not there, and he was to keep her in conversation till I got a constable to take her up.

Q. Then you did not go for the purpose of settling the business at all? - A. I did not.

Q. Did you know Davis and Pugh were at that house? - A. They were not there.

Q. Did you know Davis was there? - A. No; he told me before I went out, that he was to meet Mrs. Gilbert at the Horse-shoe.

Q. I believe Davis married her sister; and he told you he had made an appointment to meet Mrs. Gilbert, who is the prisoner's sister, at the Horse-shoe? - A. Yes.

Q. Did Davis tell you, before you went, for what purpose he was going to meet Mrs. Gilbert? - A. I told him, in the afternoon, I was determined that evening to take up Mrs. Lacon.

Q. I ask you, whether Davis told you the purpose for which he met her? - A. He told me he should meet her for no other purpose than this; because he had promised her that he would meet her.

Q. Now, you have told us of this little boy; after he had told you of this business, had you ever any conversation with him upon the subject? - A. The conversation I have had with him has been this; my dear, keep within the bounds of truth, and say very little; I never gave him any instructions.

Q. You never gave him any instructions as to the nature of the evidence he was to give? - A. Never in my life.

Q. Has the child ever repeated to you what he was to give in evidence to-day? - A. No.

Q. Never? - A. Never.

Q. Am I to understand you that from the time he first discovered it to you, to the present time, he has never repeated the story about the discovery? - A. He has frequently talked about the badness of the crime, what a terrible thing it was, and all that; there were three or four gentlemen in Cheapside sent for him, to examine him, but I never went with him; they did it for their own satisfaction, to know whether the robbery had been committed or not.

Q. You made no charge against this prisoner at Hatton-garden of this sort that you are now indicting her for? - A. I never had any opportunity at all.

Q. Was your boy examined? - A. He was.

Q. Was he sworn? - A. He was not.

Q. Why was not he sworn? - A. I do no know; the Magistrate did not swear him.

Q. You do not know any reason why? - A. No.

Q. Nor any reason given by the Magistrate? - A. I do not know that he assigned any reason at all; he seemed to wish to postpone the business to another day, on purpose that he might have an assistant.

Q. It was Mr. Kinnaird? - A. Yes.

Q. I believe, at another day, he had an assistant, and a pretty intelligent one, Mr. Bond? - A. Yes.

Q. Was he sworn then? - A. No; none of my witnesses were asked a question; there was not one of my witnesses admitted into the room.

Q. Did not you expect to be indicted yourself? - A. No.

Q. This Sessions? - A. No.

Q. Upon your oath you did not? - A. Upon my oath I did not, by any means; I was convinced to the contrary.

Mr. Knowlys. Q. The complaint that was made against you before the Magistrate was dismissed, and you were set at liberty? - A. I was.

JOHN SUMNER sworn. - Examined by Mr. Knowlys. Q. What age are you? - A. Fourteen, last Lord-Mayor's-day.

Q. Do you remember walking out with your father in the evening? - A. Yes.

Q. Was your father well or ill before that? - A. He was very ill indeed.

Q. What time in the evening did you go out? - A. I fancy it was somewhere about six or seven o'clock.

Q. To what place did you and your father go? - A. To the George, in Aldermanbury.

Q. Did you hear any body accuse Mrs. Lacon of having done any thing wrong? - A. Yes; I heard my brother.

Q. Was it on that day Mrs. Lacon was accused of having done any thing wrong, that you went out with your father in the evening? - A. Yes, it was.

Q. Did you ever see what part of the house your father kept his money in? - A. Yes, it was in the desk in the parlour.

Q. How near is the parlour to the shop? - A. They are both joining together.

Q. That is, at the back part of the shop? - A. Yes.

Q. Did you ever see what money your father had in the desk? - A. Yes; there were twenty pounds thirteen shillings and ninepence, in a purse.

Q. Did you take notice, when you saw the money, what sort of money it was, Bank-notes, or gold, or silver, or what? - A. I believe there were three or four seven-shilling-pieces; and, I think, one guinea, and silver, but no notes, to my recollection.

Q. Do you at all recollect the exact quantity of gold and silver that made up this money? - A. I cannot be correct as to that.

Q. How long before this charge against Mrs. Lacon was it that you saw the money? - A. I believe it was about four or five days.

Q. Was there any silver? - A. Yes, a great deal.

Q. Do you mean to speak positively as to the very day that you saw it, or that you can only speak within a certain time? - A. I cannot be positive to the exact day.

Q. Do you recollect exactly, the precise time before this, that you did see it? - A. It was about four or five days.

Q. It was within that time you are positive? - A. Yes.

Q. How many brothers and sisters were living with your father at that time? - A. I have one brother, and one sister.

Q. How many of them went with you and your father to the George? - A. There was none that went but my father and me.

Q. Do you know where your brother was left? - A. He was left in a closet in the parlour.

Q. By whose directions was he left in the closet? - A. My father put him in himself, I was with him.

Q. Do you recollect what time it was that you returned home at night, as near as you can guess? - A. The hour was ten o'clock.

Q. When you came home, was any thing said by your brother to your father? - A. Yes, immediately as he came home.

Q. You must not tell us what. - After your brother had told this to your father, what did you, or your father, or any of you, do? - A. My father took the candle, and went to the desk in the parlour, I went with him, and he opened the drawer where the money laid, and the bag was open.

Jury. Q. How could he open the desk without the keys? - A. Mrs. Lacon had put the keys, after she had done this, under the pillow.

Q. Did you see where he took the key from, yourself? - A. No; my brother found the keys before he came home.

Q. Then it was your brother who furnished the keys to your father? - A. Yes.

Q. When your father examined the desk, did you see in what stare the bag was? - A. Yes, I did; the bag was wide open.

Q. Did you see your brother give the key to your father? - A. I did.

Q. The bag was open you say? - A. Yes, in a drawer in the desk.

Q. Was the bag in the same state, as to money, as it had been before you left it? - A. No, it was not.

Q. What was missing from the bag? - A. There were sixteen pounds ten shillings.

Q. Do you know of that deficiency, or was it what your father told you? - A. I did, because I helped my father to count the money over, and I had counted it over myself when he put it into the bag.

Jury. Q. If you counted the money with your father, you can certainly tell how many guineas there were? - A. I am not positive in that, because my father generally puts upon a bit of paper what it is, and I put it in the bag, but the silver I counted over myself.

Q. Was any thing missing from the bag besides the money? - A. No.

Q. I do not mean money-was there a ring, or any thing whatever? - A. No, nothing else.

Q. How do you know that there was this money in the bag? - A. Because I counted the silver over myself, and my father told me how much gold there was, and I put it into the bag, and in the whole, it made twenty pounds thirteen shillings and nine-pence.

Q. Do you recollect whether there was any account taken of it in any book, or any where else? - A. No, only upon a piece of paper that was put into the bag.

Q. Was that note gone when you returned, as well as the money? - A. Yes.

Q. After your father and you had found this money missing, what did your father, or any of you do? - A. My father and me, and my brother and my sister, all went up to her bed room.

Q. Did your brother say any thing to Mrs. Lacon when you went up to the bed-room? - A. Yes; he told me of the circumstance that was done.

Q. Tell us what he said to her that she had done? - A. He told her that she came into the parlour and called the dog, then she opened the parlour-door to go into the parlour, and then she opened the glass-door which looks into the shop; he told her, after she had done that, that she opened the door which looks into the closet where he was, that he laid down, and covered himself over with coats; that after that, she took the keys out of her pocket and went to the desk, she pulled one key out of her pocket that was on the bench, and that did not do; then she took out another key, and that did undo it.

Q. What else did he say to her that she had done? - A. He said that she had opened one drawer belonging to the desk, and that was full of halfpence, and that he supposed she did not want; then she opened the other drawer, and that was the drawer that she wanted, where the bag of silver was in; then she put her hands into the bag, and filled her pockets; after she had done that, she locked the desk, and put the key behind the pillow upon the bed.

Q. Is there any bed in that room, the parlour? - A. Yes; after she had done that, she went down stairs.

Jury. Q. Were these keys put behind the pillow of the bed where your father slept? - A. Yes.

Mr. Knowlys. Q. When he said that, did she deny it? - A. She did not deny it.

Q. Recollect the words as well you can? - A. She said, why then if I took the money I will keep it.

Q. How long after your father had missed his money was it that you went up, and your brother accused her of doing this? - A. We had been in the house about half an hour.

Q. How long after your father had missed his money was it that he went up and accused her of it? - A. Immediately.

MARY SUMNER sworn. - Examined by Mr. Knowlys. Q. What age are you? - A. Sixteen.

Q. Do you recollect your father going out in the evening? - A. Yes.

Q. Did you hear any body accuse Mrs. Lacon of having done any thing improper with respect to your father? - A. Yes.

Q. Was that the day your father went out in the evening that Mrs. Lacon was accused of having done something improper? - A. Yes.

Q. Do you recollect about what time your father went out? - A. About a quarter past eight.

Q. About what time did he return that evening? - A. About twenty minutes past ten o'clock.

Q. Did you see whether any body went out with your father? - A. Yes, my eldest brother, John.

Q. Have you any other brother besides John? - A. Yes, William.

Q. Did you see where William was when your father went out that evening? - A. Yes.

Q. Where was he? - A. In the closet in the parlour.

Q. Did you see Mrs. Lacon during the time your father was absent? - A. Yes.

Q. Was your father well or ill that day that he went out? - A. Very ill.

Q. Did Mrs. Lacon say any thing to you when your father was gone out? - A. Yes.

Q. Where were you when she spoke to you? - A. In the kitchen.

Q. What did she say to you when your father was out? - A. She asked me if I would go of an errand for her.

Q. What was the errand she wanted you to go upon? - A. A pennyworth of turpentine chips.

Q. To light the fire with? - A. Yes.

Q. Did she desire you to go to any particular place for them, or were you to go where you liked? - A. She desired me to go to a particular place for them.

Q. Where was that? - A. In Cow-cross.

Jury. Q. Can you recollect what time it was you went for them-how long after your father was gone out? - A. About a quarter of an hour.

Jury. Q. What time was your father's shop shut that night? - A. At dusk.

Q. Was it shut up before he went out? - A. Yes.

Q. Had you ever fetched chips of this sort for Mrs. Lacon before? - A. No, never.

Q. Was there any other place nearer to you than Cow-cross where they sell these chips? - A. Yes, in Benjamin-street.

Q. How much nearer was that than Cow-cross? - A. Not much nearer.

Q. Did you go of this errand for her? - A. Yes.

Q. Did your father at that time keep any servant? - A. No.

Q. Was any part of your family remaining at home at that time? - A. No, only my brother that was in the closet; I could not get any chips, and I brought her a bundle of wood.

Q. When your father came, did any thing happen then? - A. Yes, my brother had told my father what had happened.

Q. Which brother? - A. My brother that had been in the closet.

Q. In consequence of what your brother had told your father, tell us what was done? - A. My father and my eldest brother, and me, went up, and my youngest brother too.

Q. When you got up stairs, was Mrs. Lacon up? - A. She was in bed.

Q. Did any one of your family say any thing to her? - A. Yes.

Q. Who said any thing to her? - A. My brother that was put into the closet; he told her of her actions, when she came into the parlour and went to the desk.

Q. What did he say that she had done? - A. He said, that directly as I was gone out, she came into the parlour, that she went and opened the shop-door, a little glass-door that goes into the shop, and looked all round the shop; he said, after that, she looked under the bed, then in the closet where he was, and he pulled the coats before his face; then, after that, she went to the desk, and pulled a bunch of keys out of her pocket, and she opened the desk, tried one key, and that did not open the desk, that she tried another, and that opened it; that she opened one drawer, and then shut it up again, he supposed that was not the drawer that she wanted, she opened the next drawer to that, and put her hand in twice and put the money into her pocket; he said, she put the keys into her pocket and came out of the parlour, and shut the door to; she locked the desk up, and then put the keys on the pillow in the bed.

Court. Q. I understand you to say something about her pocket? - A. Yes; the gentleman over-sturried me, I did not know what I said.

Q. Did you mean to say pocket? - A. No, I did not.

Q. Did he say any thing else about what she had done? - A. No.

Jury. Q. At what time do you suppose Mrs. Lacon went to bed that night? - A. About a quarter past ten o'clock.

Mr. Knowlys. Q. Where did you remain after you had fetched this errand? - A. In the kitchen, and Mrs. Lacon with me.

Q. Did she leave you to go to bed before your father came home? - A. Yes.

Q. And when you went up stairs she was in bed? - A. Yes.

Q. When your brother had said this to her, what answer did she make to it? - A. She said, if she had she had; she would not give any other answer.

WILLIAM SUMNER . - Examined by Mr. Knowlys.

Q. How old are you? - A. Going on fourteen.

Q. Do you know when you were thirteen? - A. The 13th of March.

Q. Do you go to church? - A. Yes.

Q. Do you know the nature of an oath? - A. Yes.

Q. What is the meaning of taking an oath - what do you understand you are to do when you take an oath? - A. Swearing.

Q. But when you are sworn, are you to speak the truth or not? - A. To speak the truth.

Court. Q. What will become of you if you do not speak the truth? - A. It is flying in the face of God.

Q. And what will be your punishment if you offend in that way? - A. Go to hell. (He is sworn.)

Examined by Mr. Knowlys. Q. Now be sure you speak the truth, don't tell any thing that is false for any body whatever? - A. No.

Q. Did you ever charge Mrs. Lacon with robbing your father? - A. Yes.

Q. On the day that you accused her of robbing your father, was your father in good health or bad health? - A. In bad health.

Q. Did you know whether he went out any part of that day? - A. In the evening.

Q. Did he go out alone that day? - A. No, my brother was to go with him.

Q. Where were you when your father went out? - A. In that press.

Q. Where is that press? - A. In the parlour.

Q. What did you keep in that press? - A. Coats.

Q. How came you to go into that press? - A. Because my father put me there.

Q. What did he order you to do when he put you there? - A. He ordered me to stay there till Mrs. Lacon came into the parlour.

Q. Where was your sister when your father went out with your brother? - A. At home till after my father went out.

Q. Are you sure she went out? - A. Yes.

Q. Did any body come into the parlour before your sister went out? - A. No.

Q. After your sister went out did any body come in? - A. Yes, directly.

Q. How long after your sister went out, as near as you can guess, was it that any body came into the parlour? - A. At the very moment.

Q. Who was the person that came into the parlour? - A. Mrs. Lacon.

Q. How were you able to see who was in the parlour? - A. Because Mrs. Lacon opened the door and left it open.

Q. What door do you mean? - A. That door where I was in.

Q. That is the door of the press? - A. Yes.

Q. Now what did you see Mrs. Lacon do while she was in the parlour? - A. I saw her take money.

Q. From what place did she take the money? - A. Out of the drawer in the desk.

Q. How did she get at the drawer in the desk? - A. She had got the keys.

Q. How do you know she had got the keys? - A. Because I saw her take them out of her pocket.

Q. Did you see which drawer she opened? - A. Yes, on the right hand.

Q. Was that the only drawer she opened? - A. No; she had opened another before that.

Q. What did she do after that? - A. She locked the desk up, and threw the keys behind my father's pillow.

Jury. Q. Was your father's bed made then? - A. No.

Mr. Knowlys. Q. What did she do then? - A. She came out, shut the door where I was in, and then went out of the parlour down stairs.

Q. Did she see you when she opened the parlour? - A. No; because I had pulled the coats before me.

Q. Did you ever tell any body of this? - A. Nobody but my father when he came home, and my sister; I told him, and he took me up stairs; I told my father what I had seen.

Q. What did your father do after you had told him this? - A. My father took me up stairs, and I told her every action, and she could not deny it.

Q. Did you see Mrs. Lacon that night? - A. Yes.

Q. Where was she when you saw her? - A. In bed.

Q. What did you say to her, when you got to her bed-room? - A. I told her every action she had done.

Q. What did she say? - A. She said, no, my dear, my love, I do not know what you mean, I will take an oath I was never out of the room.

Q. Let me warn you again; you know it is a serious thing to take an oath, and say any thing false when you are upon your oath; upon the serious oath that you have taken, is what you have now told us about what Mrs. Lacon did true? - A. Yes, every word true.

Court. Q. Did she say any thing else besides, my dear, my love, I don't know what you mean? - A. I cannot remember that she said any thing else.

Cross-examined by Mr. Gurney. Q. You have told us something about the nature of an oath, what you are to do when you are sworn? - A. Yes.

Q. How long have you been taught that? - A. Ever since I was breeched almost.

Q. You know you were at Hatton-garden office, where Mr. Kinnaird was? - A. Yes.

Q. He asked you those questions, and you could not give him an answer then? - A. Yes, I did.

Q. Do you mean to tell us, that you told him what you have said to-day, that it was wicked to tell a lie? - A. Yes.

Q. Do you mean to swear that you told Justice Kinnaird that you knew it was a wicked thing to tell a lie, and you should go to hell if you did? - A. I did.

Court. Q. Is it a usual thing before the Magistrate to swear witnesses for defendants?

Mr. Gurney. It was so in that case, and Mr. Kinnaird said, he was not fit to be examined, and that in the presence of my learned Friend.

Q. He never swore you? - A. No.

Q. Had you seen your father's keys that day before? - A. Yes.

Q. What part of the day? - A. In the morning.

Q. Where had you seen them in the morning? - A. In his hand.

Q. Where had you seen them after that? - A. I did not see them any where after that.

Q. You did not see them lying upon the table? - A. Yes.

Q. Was that morning or afternoon? - A. Morning, about dinner.

Q. Did you see them afterwards, when they were so curiously hid under the green cloth? - A. I found them on the mahogany table, covered over with a green cloth.

Q. Was that morning or afternoon? - A. About dinner.

Q. Where did you see them after that? - A. I did not see them after that, because my father called me up about a quarter of an hour after that they were gone.

Q. Then Mrs. Lacon, after she had taken the money, did not put them under the green cloth where they were before? - A. No.

Q. She put them behind the pillow? - A. Yes.

Q. They had not been behind your father's pillow before? - A. Not that day.

Q. What sort of a press was this you were in, a large or a small one? - A. Not very large or very small.

Q. Is it very deep? - A. It is widish at the door, but it goes on narrow.

Q. Were you standing when she came to the door? - A. No, sitting.

Q. Was the door of the press shut, before she came into the room? - A. Yes.

Q. Which door did she come in at? - A. At the parlour door.

Q. Where does the parlour door come from? - A. Out of the passage against the stairs.

Q. What did she do next, after she came in at

the parlour door? - A. She opened the shop door first, and then looked all round the shop.

Q. What did she do then? - A. She pulled the shop door to.

Q. The press door was to all this time? - A. Yes; and then she came and opened the press door.

Q. Now tell me, how, when the press door was shut, you saw her look all over the shop? - A. I did not see her look all over the shop, I could tell she opened the door, because she had the door in her hand; she was not a minute looking round, and then she opened the shop door.

Q. I ask you, how could you see her look round the shop, with the press door shut? - A. I heard her.

Q. You heard her look round the shop? - A. Yes.

Q. Did you hear her do any thing else before she came to the press door? - A. No.

Q. Did she shut the shop door before she came to the press door? - A. Yes, pulled it to.

Q. When was it she had the door in her hand? - A. I did not see the door in her hand, but I could tell the door was in her hand by hearing her.

Q. How many coats were in the press? - A. Three or four.

Q. Is that press a high one? - A. Yes, rather high.

Q. Are the pegs upon which the coats hang, towards the top of the press? - A. Towards the bottom.

Q. What is there towards the top then? - A. Shelves.

Q. Can you reach the pegs? - A. Yes.

Q. And you were sitting down? - A. Yes.

Q. You did not stand up at all? - A. No.

Q. Nor did you lie down at all? - A. No, I sat down.

Q. You have never said you laid down? - A. No.

Q. Upon your oath, did you not say you laid down? - A. No.

Q. When you went up stairs to her, did not you say you laid down? - A. No.

Q. If any body has said so, would they speak false or true? - A. They would tell a story.

Q. It is a remarkable phrase, and has been used three or four times over, you told her every action she had done; can you tell by what accident your brother and sister should have hit upon the same words; have you had any conversation with your brother and sister about it? - A. I have never talked with them about it above three times.

Q. Have they said any thing about it? - A. They have said, what a sad thing it was that a woman of her property should rob my father.

Q. How often has your father talked with you about it? - A. He always told me this, always to speak the truth, and not to tell a story at all.

Q. But how often has he talked to you about it? - A. He has not talked to me, only asked me.

Q. How often has he asked you? - A. He has asked me, to the best of my knowledge, about three times.

Q. Your father, you know, was in jail a few days? - A. Yes.

Q. Did you go to him in jail? - A. Yes.

Q. How often? - A. I went to him about twice a day.

Q. He was there about a week, was not he? - A. Yes.

Q. Did you talk to him about it then? - A. Not at all then.

Q. That you are sure of? - A. No, only one Thursday, going to Hatton-garden; he bid me mind what I said, and not to tell any stories.

Q. Are you quite sure Mrs. Lacon only said, my dear, my love, I don't know what you mean? - A. Yes.

Q. She did not say any thing like this, if I have, I have? - A. I did not hear any such thing.

Q. You went into her bed-room? - A. Yes.

Q. You were as near her as your brother and sister were? - A. Yes.

Q. She was very ill? - A. Yes.

Q. When she is very ill, does she speak very loud? - A. No, not very.

Q. When she was lying in bed, perhaps, she did not speak so loud as ordinarily? - A. No.

Q. She spoke rather low? - A. Yes.

Q. Did your sister go into the room with you at the same time, or stand at the door? - A. I cannot tell.

Q. Was your brother in the dining-room or bed-room? - A. In the bed-room.

Q. Was he nearer to her than you? - A. No, rather farther off.

Q. Were you at the foot of the bed? - A. No, the side.

Q. Were the curtains drawn? - A. Partly drawn.

Q. Your brother is very deaf, we understand? - A. Yes, but he was better then.

Q. He heard a great deal more than you, how happened that? - A. She must have said that when I went down stairs.

Q. Did you leave him in the room after you went down? - A. Not a minute, about a minute.

Q. Which of you went down first, you or your father? - A. I went down first, but I came up again.

Q. Did your father go down too? - A. No, not till I came up stairs again.

Q. Did your sister go down stairs till you came up again? - A. No.

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

Q. That was Saturday night, that your father had her searched the next day? - A. No.

Q. You made no search for this 16l.? - A. No; she said, as far as this, that my father might search her pockets, for her pockets were there.

Q. That was that night? - A. Yes.

Q. Your father did not chuse to accept her offer? - A. No.

Q. And she must have had the money about her then, she had not been out? - A. She had been out for a rush-light, after I went out of the parlour.

Q. What time was it you went out of the parlour? - A. Between eight and nine.

Q. Was that before or after your sister had been out? - A. Before.

Q. Did she go to fetch the rush-light before or after she had taken the money? - A. After.

Q. Where were you when she went out for the rush-light? - A. I went down Cow-cross-street, my sister opened the door, and Mrs. Lacon called, and said, who is at the door, and my sister said, I am going to stand at the door, ma'am, and then I went out, and when I came in, Mrs. Lacon came in with a rush-light in her hand.

Q. Where was your sister when she went in, standing at the door? - A. Not that I know of.

Q. What did you go into Cow-cross for? - A. Because I was afraid if I staid at home, she would know I had been at home.

Q. Then after you came home, where did you go to? - A. I went down stairs in the kitchen.

Q. And how long did you stay in the kitchen? - A. Till my father came home.

Q. Did your father come down into the kitchen to you? - A. Yes.

Q. What were you doing? - A. Sitting at the fire in the kitchen.

Mr. Gurney. (To Mary Summer ). Q. Mrs. Lacon went out for a rush-light? - A. Yes.

Q. Where were you at that time? - A. Standing at the door.

Q. How long were you gone? - A. About a quarter of an hour.

Q. Where were you, while she was gone, standing at the door? - A. No, I went in.

The prisoner left her defence to her Counsel.

For the Prisoner.

ROWLAND PUGH sworn. - Examined by Mr. Gurney. Q. You were a constable of St. Sepulchre's parish? - A. I was, when this happened.

Q. How long have you known Mr. Sumner? - A. I have been trying to recollect, and, as far as I can learn, between six and seven years.

Q. Do you remember his coming to you? - A. Undoubtedly.

Q. On what day was it? - A. I am pretty sure it was of a Tuesday, I suppose about the 9th of April.

Q. At what time in the day? - A. A little after two o'clock.

Q. He told you of some complaint he had respecting Mrs. Lacon? - A. Yes.

Q. Did you go to his house? - A. I did not go to the house immediately, I went about five o'clock.

Q. Had you had any previous friendship or acquaintance with Mrs. Lacon? - A. Never; all I know of Mrs. Lacon is, as a professional man, being a watch-maker, I cleaned a clock for her about two years ago.

Q. Had you known Mrs. Gilbert, Mrs. Lacon's sister, before that? - A. I had not.

Q. Now, though you are Mr. Sumner's acquaintance, I expect you will tell me the truth? - A. I will.

Q. Did Mr. Sumner introduce you to Davis? - A. As far as I can charge my memory, I really cannot be certain, but I believe it was either that day or the next that he introduced me to Davis; I recollect it was on the Tuesday.

Q. Was there any conversation between Davis and him, and you, respecting the taking of any money? - A. As near as I can charge my memory, it was between Mr. Sumner and myself; he told me Mrs. Lacon had robbed him; I told him I supposed it was an odd kind of business, and so on, I thought it was best that they might settle it; I told him I did not like to interfere in a thing of this kind, it was not handsome, for it was in another parish, but I did add, imprudently, as a peace-officer, that I thought it were best if they made it up; he, on his part, told me, there was a Mrs. Gilbert, that wished, from the anxiety she felt, to release her sister from the difficulty that she laboured under, that Mrs. Gilbert would settle the business; he then told me that Mrs. Lacon had taken from him, I think, 16l. 10s. and there were about 9l. due for rent; the whole sum amounted to 25l. 10s.; he told me, I think, it was he informed me, I cannot remember every particular circumstance, but I think it was he informed me, if I met Mrs. Gilbert at the Horse-shoe, in Goswell-street, that she would pay the money.

Q. Was that on the Tuesday or the Wednesday? - A. It was on the Tuesday.

Q. Was Davis present in any part of this conversation? - A. I rather think not, but I am not quite positive.

Q. Did any thing more pass between you and Sumner at that time? - A. Nothing more, than that I was to go at seven o'clock that evening, the Tuesday evening, and I should have gone to the Horse-shoe, and have taken of Mrs. Gilbert this 25l. 10s.

Q. Did any thing more pass that evening? - A. I saw Mrs. Gilbert at the Horse-shoe, and the

anxicty she was in made an impression on my feelings.

Q. Did you see Sumner again the next day, the Wednesday? - A. I did.

Q. What passed between you the next day? - A. On the Wednesday I certainly did see him, but it was when I saw Luke Davis .

Q. Did what passed take place between Davis and you, or Sumner and you? - A. Between Sumner and me.

Q. Did you see Sumner the next day, Wednesday? - A. Yes, at the Golden-horse, in Goswell-street.

Q. Did you meet by accident, or did you agree to meet? - A. My memory does not furnish me to answer that question.

Q. However, you did meet? - A. Yes.

Q. What time of the day was it? - A. I think about two o'clock, it was half past two.

Q. What passed between Sumner and you when you got to the Golden-horse? - A. I do not know, it was defultory conversation, I think.

Q. Was it about this money? - A. Yes, I told him I had been to the Horse-shoe, and that I had told Mrs. Gilbert we could not take the money; when I told her we could not take the money, either Davis and I, or both of us, I cannot tell which, told Mrs. Gilbert we could not take the money, we had had the advice of an attorney, and it might be the ruin of us if we touched the money.

Q. What did Sumner say to this, when you told him? - A. I do not know that he said any thing to it, for he supposed it would drop there.

Q. What else was said? - A. We went into a conversation about indifferent things.

Q. Did you see him any more that day? - A. Yes; at his own house about a quarter after five; I waited there at Mr. Sumner's for Mrs. Gilbert, we chattered upon indifferent subjects.

Q. Did you see him again the next day, the Thursday? - A. No; I stand corrected, for I saw, him at New Prison.

Q. Did you ever receive any directions from him respecting any offer of money? - A. Never.

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

Q. Now with respect to this talk of your's to accommodate that, they might as well compromise it, for you thought it an,odd affair-had you been applied to by Mrs. Gilbert, or any other person on the part of Mrs. Lacon to do it? - A. I had not.

Q. It was not at the request of her or any of her friends? - A. No.

Q. At that time you did not know Mrs. Gilbert? - A. No.

Q. Did you go to Mrs. Lacon with Davis? - A. I never saw Mrs. Lacon from the time I cleaned her clock, till I saw her at Hatton-garden.

Q. Did you go with him when he received the twenty-six pounds? - A. No; I would fcorn it to fly in the face of the laws of my country, after I was told what the law was.

Q. At the time you spoke of its being an odd affair, had he told you what his son had said? - A. He had.

Cross-examined by Mr. Knowlys. - Q. Let me understand you; in the first place, you were a constable at that time? - A. I was headborough.

Q. And you were then, and are now a man of an excellent memory? - A. No; my memory has got very bad, like all my other faculties.

Q. And, besides that, you did very wrong upon this occasion? - A. On the Tuesday, beyond a doubt I did.

Q. What did you mean by saying, and upon your oath too-far be it from me to fly in the face of the laws of my country? - A. By receiving the 25l.

Q. Upon your oath, did you not first of all advise that it should be settled? - A. No, I did not; for he had thrown out the idea of its being settled.

Q. Upon your oath, did he ever throw out any such idea, except telling you Mrs. Gilbert wished to settle it? - A. He himself told me so.

Q. And that is what you call throwing out the idea of settling it? - A. I do.

Q. Upon your oath, did you not, though a constable, advise him to settle it, after he had told you Mrs. Gilbert wished you to settle it? - A. I have told the Court I did so.

Q. How long have you been a constable? - A. So long, that I promise you I will never be again.

Q. You say, Mrs. Gilbert's anxiety had made an impression upon your feelings? - A. Yes it had.

Q. And therefore you tried to persuade Mr. Sumner to settle it? - A. I wished them all to settle it, for it was an awkward business.

Q. I think you said Mr. Sumner never proposed it himself? - A. It might be proposed by himself.

Q. Upon your oath, I ask you, did Mr. Sumner ever himself desire that it should be settled? - A. Yes.

Q. Did you not just now tell me he never did propose it to be settled? - A. I never did tell you so, I am no logician, I am but a plain mechanic.

Q. Upon your oath, have you not told this Jury, that Mr. Sumner never proposed to settle it? - A. No; if I have indirectly said so, I cannot tell.

Court. Q. I will tell you what you said, that you did it at the request of neither, that Mr. Sumner never did desire it, but that you did it from your own feelings? - A. I felt it was an awkward piece of business; he told me he had lost so much money, and I knew he was a distressed man; he told me that Mrs. Gilbert was very much distressed about it; and if I have said any thing wrong, I

hope you will forgive me, as I hope God will for give me, for I came here to tell nothing but the truth.

WILLIAM HOLBROOK sworn. - Examined by Mr. Knapp. Q. You are a nephew to the prisoner? - A. Yes.

Q. Were you sent for by your aunt on the Monday morning? - A. I was; she sent on the Sunday afternoon, and I went on the Monday morning.

Q. When you got there, what happened? - A. I went in, she was in bed crying; I asked her what she laid there for; I told the servant to go and ask Mr. Sumner to come up stairs, she went down three times before he came up; I asked him what business he had to keep her in custody; he said he did not keep her in custody, for the door had never been locked upon her; she had told me she was kept in custody; he said he had been robbed; I said, if you have been robbed, why don't you do your duty? he said, I had no business with it, it was nothing to me; says I, if you won't do your's, she shall do her's; he then said he was going about it; he went down stairs, and I went to Clerkenwell sessions to see if I could get a warrant; I did not get one; I then came back to Mrs. Lacon, and told her she must go herself about it, and with that I left her.

Q. When did you see her again? - A. After that she called upon me just after she had taken this man up, and desired me to come to Hatton-street.

Q. What was the charge at Hatton-street that was made against the prosecutor? - A. We were all ordered out of Court.

JOSEPH INWARDS sworn. - Examined by Mr. Gurney. I am an officer of Hatton-street.

Q. You took up the prosecutor? - A. I did.

Q. By whose directions did you do so? - A. By order of Mr. Kinnaird.

Q. Did you accompany Mrs. Gilbert at the time the money was paid? - A. I was there at the time the money was paid in the tap-room.

Q. But did you accompany Mrs. Gilbert to the Horse-shoe for the purpose of the money being paid? - A. Just so.

Q. Was that money so paid by Mrs. Gilbert, under the directions of the Magistrate? - A. It was.

Q. Who was the money paid to? - A. The money, I believe, was paid to Davis.

Q. You were in the adjoining room? - A. Yes, there was a glass looking through from the taproom into the kitchen where the money was paid.

Q. You took Davis just afterwards? - A. Yes, and Dickinson searched Davis in my presence, and he took out a ten pound note, a five pound note, a guinea, and nine shillings, making sixteen pounds ten shillings.

Q. Where did you take the prosecutor? - A. During the time I was searching Davis, Mr. Sumner came into the kitchen, and then I took him into custody, by the direction of Dickinson, for I did not know him.

Q. Was any resistance made? - A. Very great by Sumner, and by Davis likewise; Davis struck me several times.

Q. Was any resistance made by Sumner? - A. Yes; he made all the resistance he could.

Q. Did you tell Sumner what you took him up for? - A. Yes; I told him I had orders from the prisoner at the bar, for extorting money under false presences for compounding felony; he said, at your peril detain me, if you dare.

Cross-examined by Mr. Knowlys. Q. Upon your oath, have you not been in and out of this Court several times since the trial began? - A. I have been in once, and I have been out once.

Q. Upon your oath, during what time of the trial did you come in that once? - A. During the time two people were examined, I cannot particularly recollect the time.

Q. And when did you go out? - A. When I was called.

Q. During the time the witnesses for the defendant were examined? - A. Yes.

Q. And you come as a witness for the defendant too? - A. I do not know that I do service to any party.

Q. Did you not come here as a subpoenaed witness for that woman? - A. No; I have attended voluntarily without any subpoena at all.

Q. And staid in Court while the witnesses on your side of the cause were examined? - A. I suppose I might have been in about half an hour.

Q. Hearing what the witnesses had to say? - A. Yes.

Q. You are a constable in the Police-office? - A. Yes.

Q. And, therefore, in the habit of attending Courts of Justice? - A. Yes.

Q. Do not you know then, that it was particularly ill in you to attend the Court when the witnesses on both sides were ordered not to be in hearing? - A. If it is improper I am sorry for it.

Q. Upon your oath, for what purpose did you come in and hear the witnesses, knowing it to be wrong? - A. I do not perceive that my evidence is of any use on either side, as an officer.

Q. Upon your oath, knowing it to be wrong, why did you come in and hear that evidence, on your side the question, for half an hour? - A. I cannot say any more.

Q. Can you give us any reason, and upon your oath-do recollect you are a constable? - A. I know that.

Q. Then can you give these gentlemen any satis

factory reason why you have been in Court, hearing the evidence on your side the question, give it an answer? - A. I cannot say; I did not conceive my evidence of any use whatever, I was only the officer that went to apprehend the party.

Q. You can give no reason for it, but are sorry for it? - A. Yes.

Q. Sumner resisted, and told you to take him at your peril? - A. Yes.

Q. Did you produce a warrant to him? - A. No.

Q. Nor you had none? - A. No.

Q. You said you believed it was paid to Davis; upon your oath, have you any doubt upon earth that the money was paid to Davis? - A. I believe it was, because it was taken from him.

Q. And you were in the act of taking it from him before you saw Sumner? - A. Yes.

Q. And Sumner came in with a gentleman? - A. I believe he did, but I cannot say, in the scuffle I could not distinguish.

Q. Do you mean to say there was such a croud and scuffle, that you could not tell whether he came alone or not? - A. No, I cannot; there were a great many people in the room.

Q. Did you see them come in? - A. I cannot say whether I did or not.

Q. Before the money was taken from Davis did you see Sumner? - A. I did not.

Q. The prisoner called five witnesses who had known her from seventeen to twenty-three years, and gave her an excellent character.

NOT GUILTY .

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

Reference Number: t17990508-48

311. JOHN HONEY was indicted for that he, well knowing that James Turnbull had done and committed a felony and robbery, afterwards to wit, on the 20th of December , him the said James did feloniously harbour and maintain .

(The indictment was opened by Mr. Raine, and the case by Mr. Knowlys.)

CALEB-EDWARD POWELL sworn. - (Produces a copy of the conviction of James Turnbull .) I have examined it. (It is read).

THOMAS FINCH sworn. - Examined by Mr. Raine. I am an apprentice to the moniers of the Mint: On the 20th of December last, I was robbed by James Turnbull, of two thousand three hundred and eight guineas, in the press-room in the Tower; Turnbull was one of the common soldiers on duty at the time, and was employed in pulling the fly; the guineas were just made that morning.

JOHN NICHOLL sworn. - Examined by Mr. Knowlys. I am one of the moniers: their names are Joseph Sage , William Gregory , Henry-William Atkinson , Reuben Fletcher , John Nicholl , (that is myself) and Richard Franklin .

Q. Do you know the press-room in which Mr. Finch was working? - A. Yes.

Q. Is that within the limits of the City of London? - A. It is.

Q. How long after this fact had been committed was it that you received information of it? - A. A few hours.

Q. In consequence of that, was any reward offered for the apprehending of Turnbull? - A. Yes, one hundred pounds reward was the first thing offered, and then two hundred pounds for the recovery of the whole of the property.

Q. Had you an opportunity of observing, in your walks about the town, that the bills were plentifully stuck up? - A. Yes, many thousands.

Q. Was that done before Bryce, Pollard, or Turnbull, were apprehended? - A. Yes.

Q. How soon was the reward of one hundred pounds made known? - A. The very day of the robbery; the night of that day.

Mr. Alley. Q. They were like the sight-posts in the country, I believe, for those that can read, not those that cannot? - A. Yes.

WILLIAM RUFFORD sworn. - Examined by Mr. Raine. I am a fisherman, residing at Stroud.

Q. Do you remember, in December last, a person of the name of Drake making any application to you? - A. Yes.

Mr. Gurney objected that this could not be evidence, unless they could shew that the present prisoner and Drake were in company with each other.

Court. I am perfectly of opinion that he must be connected with the prisoner.

Mr. Raine. We shall certainly prove a connection between Turnbull, Honey, and Drake.

Q. An application was made to you by Drake? - A. Yes; for the boat to go a pleasuring in; in consequence of which I came up to town along with Mr. Drake; I went to his house, the sign of the Bell, in Lower Thames-street; when I had been there about half an hour, Bryce came.

Q. Do you mean the Bryce that was tried and convicted here? - A. The same.

Q. Where was it you first saw Honey? - A. I took it to be Pollard's Inn, but it was not.

Q. Do you recollect where the house was? - A. I cannot.

Q. Do you mean the Pollard that was tried and convicted here too? - A. Yes, the same; there was Pollard, Bryce, and Honey altogether at the inn, and two chaises were ready.

Court. Q. What day was it you came up to town? - A. It was on a Friday or a Saturday, I cannot say which.

Mr. Raine. Q. How long did you stay in town? - A. One day and a night; we went away on the Saturday about six o'clock in the evening, Pollard,

Turnbull, and myself, went in one chaise, and Bryce and Honey went in the other, they went off one chaise just before the other.

Q. Where did you go to? - A. I do not know the name of the place; we went about twenty-two miles, changed horses, got tea, and set off directly.

Q. Do you remember the name of the landlord? - A. No; I did not hear his name mentioned to my knowledge.

Q. Where did you stop next? - A. We went eleven or twelve miles.

Q. What is the name of the place? - A. I do not know; there we hired a guide to conduct us over the marshes to Holly-haven House, by the river side, and a man to carry the portmanteau, and our fowling-pieces, we gave him half-a-guinea for his trouble; they had two guns in their chaise, and we had one in our's.

Q. Who keeps Holly-haven House? - A. One Richmond.

Q. What time did you get there? - A. As near as I can tell, about four o'clock on Sunday morning.

Q. Is that what they call the Sluice-house? - A. Yes.

Q. Did you breakfast there? - A. Yes, and dined there, in the same party; the boat was not there till three o'clock in the afternoon.

Court. Q. You went on foot to the Sluice-house? - A. Yes.

Q. How far is that? - A. About six miles, over fields and marshes; it is a by-road, like.

Q. What sort of walking was it? - A. There was a great deal of snow upon the ground, we were over our knees sometimes in snow; we tumbled up and down, it being quite dark, and in the night.

Q. What time was it when you left the chaise? - A. About one in the morning, I think it was, as near as could be, and we were about two hours going.

Q. When you got to the Sluice-house, do you remember what became of Bryce in the course of the day? - A. Yes; he went in a short wherryboat about half past two, or three o'clock, from the Sluice-house to Gravesend, in search of my vessel, to see if it was come away; my vessel was to meet me at the Sluice-house.

Q. How far had he to go? - A. Seven miles from Gravesend; before Bryce took the boat, he and Pollard went out a shooting the whole day, and the prisoner Honey was at the Sluice-house with Turnbull and me all the day, he was not out of my sight, I dare say, ten minutes the whole of the day.

Q. What time did your vessel come? - A. At three o'clock in the afternoon on Sunday.

Q. What time did you go on board? - A. A little before six o'clock.

Q. Who went on board your vessel? - A. Only Turnbull and me.

Q. Just before Turnbull went on board, did any thing pass between Turnbull and Honey? - A. Pollard and Honey shook hands with him, and wished him a pleasant voyage.

Q. Are you positively sure Honey is the man? - A. Yes.

Q. How much did you get for this? - A. I received ninety-eight pounds; I let Bryce have two pounds out of the hundred.

Q. How far did you take Turnbull? - A. It blowed very hard on Sunday night, I took him to Sheerness, it blowed so much wind I could not go to sea; then we went into Ramsgate Pier.

Q. Did you go over the water? - A. No; he wanted me to go to France, to Calais, Boulogne, or Oftend; but I would not go there for pleasure, unless he would go into Dover and get a pass, to protect me and my people; then I took him to Dover, and he and I went to the play together; we were three days and three nights before he was apprehended; he never tried to get a pass.

Cross-examined by Mr. Gurney. Q. You thought this was only a party of pleasure? - A. I thought no otherwise; if I had thought it had been Turnbull, I should have brought him to London, and have made a good job of it.

Q. You thought you were to take him upon a party of pleasure for three or four days? - A. We made no agreement about the time.

Q. It was charming weather for an excursion on the water? - A. It was not very fine weather.

Q. It was last July, or August, was it not, that you had this excursion upon the water? - A. Just after Christmas.

Q. In pleasant weather, I dare say, a person would give a very handsome price for an excursion; how many tons is your vessel? - A. Ten.

Q. How many hands has she? - A. Myself, two men, and my son.

Q. You had the guineas down? - A. No, I had no guineas, it was in Bank-notes.

Q. You were paid in London? - A. No, only fifty pounds; I received the other forty-eight from Turnbull, Bryce gave it to him.

Q. And you made an agreement for one hundred pounds, with Bryce and Drake? - A. No, Drake made an agreement with me.

Q. And you had no doubt upon earth that it was for a party of pleasure upon the English Coast? - A. No.

Q. And you looked to Drake and to Bryce for payment? - A. Yes.

Q. Upon your oath, will you look these gentlemen in the face, and swear that you supposed it was for a party of pleasure, and in such weather, for

which you received so enormous a sum? - A. I thought the gentlemen were going on a party of pleasure.

Q. What is the most you ever received for such a trip before? - A. I never went on pleasure before.

Q. What did you go for then? - A. Oysters and fish, and soon.

Q. You never carried a gentlemen before? - A. No, only just for pleasure up the river, or so.

Q. How much did you receive then? - A. A guinea, or so.

Q. Did you ever receive ten guineas before? - A. No.

Q. Suppose I wanted you to take me out in your boat for a fortnight, what would you expect? - A. Twenty pounds.

Q. You would not think of asking one hundred pounds? - A. No.

Q. You would take me for a month for fifty pounds? - A. I did not know how long he was to be out.

Q. Now look these gentlemen in the face - will you swear again that you believed it was only to be for a party of pleasure upon the English coast, for which you were to receive the one hundred pounds? - A. Yes.

Q. In the hard frost? - A. Yes; I thought I had got a good chance.

Q. What had you for going to Oftend some time ago? - A. I do not know what you mean.

Q. You know a gentleman that keeps a winevaults there? - A. No.

Q. Were you ever at Oftend in your life? - A. Yes.

Q. How lately? - A. Ten or eleven years ago.

Q. And how much did you get for that trip? - A. I did not carry them for pleasure.

Q. How many passengers did you take? - A. No passengers at all.

Q. What did you get for going? - A. Do you think I can recollect now what I had, it is so long ago.

Q. Was it twenty pounds that you had? - A. No.

Q. Was it forty pounds? - A. I cannot tell.

Q. After you had taken Turnbull to Dover, and he was taken up, what became of you? - A. I came home.

Q. Which way, by water or land? - A. In my vessel.

Q. How long did your voyage take you to get to Stroud? - A. Three days; I got to Stroud on the Tuesday or Wednesday, I cannot say which.

Q. You went straight home? - A. No; I went to my brother's, who keeps a farm about two miles from Stroud.

Q. How long were you there? - A. Two days.

Q. Was your wife with you? - A. No; she keeps a shop at Sheerness.

Q. After those two days did you go home? - A. Yes.

Q. How long did you stay at home? - A. I cannot tell.

Q. Upon your oath, cannot you tell? - A. No, I cannot.

Q. Was it a week, or a month? - A. God bless my soul and body, I cannot tell, I speak truth, and nothing but the truth.

Q. But I want to have the whole truth from you, if I can-how long did you stay at home; was it a week? - A. Three or four days, before Mr. Parker came down to me.

Q. Mr. Parker was one of the under moniers of the Mint? - A. Yes.

Q. One of the last persons you would wish to see, I should suppose - you lost your ninety-eight pounds? - A. I delivered it up to him.

Q. You did not give him the trouble of asking you for it? - A. He asked me if I had not got the hundred pounds.

Q. Mr. Parker took you into custody, did not he? - A. Yes.

Q. He brought you to town, and took you to the Marine Police-office, at Wapping? - A. Yes.

Q. How long were you kept in custody? - A. I was in no hold.

Q. No, they did not put irons on you, but how long were you in their keeping? - A. I cannot tell.

Q. They kept you till you squeaked, you know, and swore against somebody else? - A. I swore against that man.

Q. I ask you, whether they did not keep you there till you swore pretty stoutly? - A. I swore against Turnbull, and Bryce, and Pollard, and Honey.

Q. Did not you expect to be tried, if you did not swear against somebody else? - A. No, they could not hurt me, because I was innocent.

Q. Though you were taken into custody, and brought to the Police-office, and kept there in custody, it did not occur to you that you might be tried if you did not swear against somebody else? - A. I did not think any thing about it.

Q. You know you have told us that you went in two post-chaises down the road? - A. Yes.

Q. Before you went to the inn where they were, the persons you had negociated with were Bryce and Drake? - A. Yes.

Q. You had made your agreement with Bryce and Drake? - A. No; the agreement I made was with Drake, at Stroud.

Q. Fifty pounds had been paid you by Bryce? - A. Yes, at Drake's house.

Jury. Q. When you failed with Turnbull, did you victual your vessel well? - A. I took as much much victuals as cost me two or three pounds.

Mr. Gurney. Q. How long would that victuals have lasted you? - A. A fortnight or three weeks.

Q. Where they all fresh provisions? - A. Yes, I salted them myself.

Q. When you went to this inn, you met with Pollard and Bryce, Turnbull, and the prisoner? - A. Yes.

Q. Did you go into any room? - A. No.

Q. Did you speak to Mr. Pollard before you got into the post-chaise? - A. I did not know the gentleman then.

Q. Did you speak to the person you now say was Honey, before you got into the chaise? - A. No.

Q. Did you see his face before you got into the post-chaise? - A. It was quite dark, it was six o'clock.

Q. Upon your oath did you ever see the person whom you now charge to be Mr. Honey, until you arrived at the public-house, where you took a guide to conduct you across the marshes? - A. I never saw him till he got out of the chaise.

Q. When did you see him first? - A. At Whitechapel.

Q. How do you know it was him? - A. By being with him all day on Sunday.

Q. Did your chaise go off first? - A. Yes, till we changed horses, and then the other chaise went first.

Q. Did you see the other persons get in? - A. Yes.

Q. If you had never seen the other post-chaise afterwards, should you have known who that other person was? - A. No.

Q. Did you see that other persons get in with Bryce? - A. That is a gentleman that was with him.

Q. Did you see the other persons get into the chaise? - A. I saw them both get into the chaise.

Q. How soon did you see the face of that other person? - A. When it was light.

Q. You never saw the person of Honey till you got to Holly-haven? - A. No.

Q. Now will you swear, that the man you saw at Holly-haven was the man that went in the chaise with Bryce? - A. Yes.

Having sworn that, I shall now ask you no more questions.

Mr. Raine. Q. Where you stopped first, was there any light? - A. Yes, there was a candle in the room.

Q. Then you had an opportunity of seeing his face? - A. Yes.

Q. Then you saw the face of Honey by candlelight? - A. Yes; but not to take any knowledge of him.

Jury. Q. Should you have known Honey again from only seeing him on the Saturday evening? - A. No, I should not.

Mr. Raine. Q. You saw his face when you stopped? - A. Yes; I saw all their faces.

Q. Was the man that you saw by that candle, the same person you afterwards saw at Holly-haven? - A. It was.

Q. When Drake bargained for your boat he bargained for it for pleasure? - A. He did, for a party of gentlemen.

Jury. Q. Did not you find yourself a little chagrined when you found there was only one person instead of a party? - A. I did not care how many went, nor how few, as long as I got my money.

Q. What induced you to take fourteen days provisions with you? - A. I did not know how many were going.

Jury. Q. You never saw Honey till you came to Holly-haven, so as to swear to him? - A. No.

Mr. Raine. Q. When was it that you first saw the face of Honey, so as to enable you to swear to his face? - A. When they shifted horses.

Q. I put it to you again-when was it you first saw the face of Honey, so as to enable you to swear to his face? - A. The first time I saw him was at shifting the horses.

Jury. Q. So as to swear to him? - A. No.

Mr. Raine. Q. Do you mean to swear, that the man you saw by candle-light, was the same you saw at Holly-haven? - A. That is the same man.

Court. Q. Are you sure that two people went in the other post-chaise from London? - A. Yes.

Q. Did you see any thing of that person before you stopped to change horses? - A. No, we had tea there.

Q. Are you sure that two men went in that chaise? - A. Yes.

Mr. Raine. Q. With respect to victualling your vessel when you are coasting, have you an opportunity of victualling your vessel fresh whenever you like? - A. Yes.

Q. At the time when you went to the Police-office with Mr. Parker, were you in the custody of any officers? - A. No, only with Mr. Parker.

Q. Were you kept at all in confinement during the time you were at the office? - A. Not to my knowledge.

Q. Where did you sleep that night? - A. Next door to Mr. Parker's.

Q. At the time you told my learned Friend that Bryce gave to Turnbull the forty-eight pounds, was that at the time when Honey shook hands with Turnbull? - A. Bryce gave the forty-eight

pounds to Turnbull, and he went away about three o'clock after my vessel.

EDWARD NELSON sworn. - I keep the Bullinn, in Aldgate High-street, in the City of London; I had two post-chaises bespoke by strangers to go to Bower's-gun; they set off from my house about a quarter before six o'clock in the evening.

Q. Did you know Bryce's person at that time? - A. No, I knew Pollard.

Q. Was he one of the persons that set off in these two chaises? - A. Yes.

Q. Did you see how many persons went in the two chaises? - A. I did not.

Q. Did your chaises set off together? - A. In a very trifle one of the other; they were bespoke to go together.

Q. How far is Bower's-gun from London? - A. Thirty-three miles.

ISAAC SMITH sworn. - Examined by Mr. Raine. I am a post-boy, in the service of Mr. Nelson: On the last Saturday in December, I drove a chaise to Bower's-gun; there were two people in it; there was another chaise set off at the same time, containing three; they went first; they might be out of the yard ten minutes or rather better before I went out of the yard.

Q. Did you travel on to Bower's-gun together? - A. Yes; we stopped at two places before we got to Bower's-gun; I took the lead at Ilford.

Q. Do you remember the travellers stopping to drink tea? - A. Yes, at Ilford.

Q. Did they all go into the room together to drink tea? - A. Yes.

Q. When you got to Bower's-gun, how many got out? - A. Three in one, and two in the other, the same as we set out; they asked us if we could drive them to Holly-haven; we told them, we could not, and then they went on foot, and the landlord of the house went with them as a guide; they first asked me to go and call a man up; the horse-keeper asked me if the gentlemen wanted any body to go there; he said, the man had been ill some time, and it might be of service to him what the gentlemen might give him, and I called him up; and when he got up and came, they had made an agreement with the landlord to go, and so they gave him the saddle-bags, and gave him half-a-crown to carry them.

Q. Did he take any thing else besides the saddle-bags? - A. Not that I saw.

Q. About what time did you arrive at Bower's-gun? - A. About one o'clock.

Q. And how soon after did this party go off to Holly-haven? - A. About a quarter of an hour after.

Cross-examined by Mr. Alley. Q. How long did you stay at Bower's-gun? - A. About two or three hours to refresh our horses.

Q. You did not know any of them? - A. No.

Q. The other chaise that left London, came out before you? - A. Yes, ten minutes, or better.

Q. Then if it has been sworn by any body that was in the first chaise, which went off ten minutes before you took off your company, that he saw the other persons get into your chaise, it is not true? - A. The chaise was gone out about that time.

JAMES RICHMOND sworn. - Examined by Mr. Knowlys. I keep the Sluice-house, at Holly-haven.

Q. Do you know the witness, Rufford? - A. Yes.

Q. Look at the man at the bar, and tell me if you recollect him? - A. Yes, I know the person.

Q. Do you remember Rufford coming with any company, of which Honey was a part, to your house? - A. Yes.

Q. About what time in the day was it? - A. About four in the morning, on the Sunday morning, before I was up.

Q. What time of the year was it? - A. The week after Christmas.

Q. How far is it from Bower's-gun to your house? - A. About five miles.

Q. What kind of travelling was it at the time these people came to your house, at four in the morning, from Bower's-gun? - A. Very bad, the snow was on the ground.

Q. Do you know the landlord? - A. Yes, Mr. Good; he and another man came with them.

Q. How many did this company consist of? - A. Five, besides Mr. Good and the man.

Q. Were you here when Turnbull was tried? - A. Yes.

Q. Was he one of that company? - A. I could not swear to him.

Q. Were you here when Bryce and Pollard were tried? - A. Yes.

Q. Were you able to swear to them? - A. Yes, I recollected them both.

Q. Were these people waiting for any thing at your house? - A. They said, they expected a small vessel, and asked me if it was not come.

Q. How long was it before the vessel did come? - A. it came, I believe, between three and four in the afternoon.

Q. Did these people eat and drink at your house till the vessel arrived? - A. Yes; they did not before the vessel came.

Q. Did these five people keep company with each other? - A. Yes.

Q. Did they converse together, as if they were acquainted with each other? - A. Yes.

Q. Then the boat failed coming from the time they had knocked you up, till between three and four in the afternoon? - A. Yes.

Q. In consequence of the boat delaying, did

any one of these five do any thing? - A. Yes, one of them, Bryce, went away.

Q. Do you know what he went for? - A. I do not.

Q. Did he go by land or by water? - A. By water.

Q. Which would be the readiest way to get to Gravesend from your house? - A. By water.

Q. When the boat had come at last, who went on board the boat? - A. Rufford, and the person that I understood afterwards was Turnbull, went on board together, between five and six o'clock, as near as I can recollect.

Q. What became of Honey and of Pollard? - A. They staid all night at my house.

Q. Had the evening shut in when Rufford and Turnbull went on board? - A. Yes; Honey and Pollard breakfasted in the morning, and then I put them over to Fobbing-marsh, in their way to Tilbury.

Q. Is your house further from London than Tilbury? - A. Yes.

Court. Q. There is a passage-boat from Tilbury to Gravesend? - A. Yes; there are ferry-boats.

Cross-examined by Mr. Gurney. Q. My learned Friend has asked, if it was pleasant weather; it was very good for duck-shooting? - A. Yes.

Q. There is extraordinary good duck-shooting about you, is there not? - A. Yes.

Q. And is not duck-shooting the better for there being snow on the ground? - A. Certainly; Honey and Pollard both took guns over to Fobbing-marsh; they brought three guns with them.

WILLIAM PARKER sworn. - Examined by Mr. Raine. Q. After Turnbull's apprehension, were you employed to make any enquiries after the prisoner Honey? - A. Yes, I was.

Q. When was it you first made those enquiries? - A. Within a few day after the apprehension of Turnbull; it might be about the 2d or 3d of February.

Q. Did you go to the house of the prisoner, Honey? - A. Yes, No. 11, St. John's-street, West Smithfield, an old iron and rag shop; we had a search warrant when we went there first.

Q. Did you find Honey there? - A. No, I only saw Mrs. Honey; we searched the house, there were some officers with me, and they took her down to the Marine Police-office.

Q. Did you learn from her where Honey was gone? - A. I did.

Q. Did you go to the place where she directed you, to search for her husband? - A. I did.

Q. What was that place? - A. About seven or eight miles below Ware, I forget the name of the place; I found out the gentleman she directed me to, Mr. Whitaker, a paper-maker.

Q. Did you make diligent search to find him? - A. I did; he had not been there, nor was expected there.

Q. Did you use all the means in your power to discover whether he was there or thereabout? - A. I certainly did, but could learn nothing of him.

Q. Had you any letter from Honey's wife, during this search of your's? - A. No.

Q. Did you afterwards continue your diligent search there and elsewhere? - A. Yes; I attended night and day at his house for six weeks, I suppose.

Q. How long was it from the first of your search, till he was forthcoming? - A. From nine to ten weeks, I think.

Q. Did you use all the means in your power? - A. Yes, night and day; we employed five or six officers at the same time.

Q. If he had followed his occupation, and resided at his usual abode, must you have found him? - A. Surely.

Q. Rufford went with you to the Marine Police-office? - A. Yes.

Q. Had you him in custody of an officer? - A. No; he surrendered to me at Stroud, and gave up the money immediately; I went from Stroud to Sheerness after him, and missed him, he had come round another way; when I came back I understood he was returned; there was a gentleman of considerable fortune with whom I understood he was intimate; I went to him, and he produced him directly.

Q. Did he berray any reluctance to give up the money, or himself? - A. No; he sent his wife for a parcel, which, he said, had never been untied, and she brought it immediately; the parcel contained a forty pound, and ten pound, and other small notes, to the amount of ninety-four pounds; it was tied up in a white rag

Q. Did he come with you to town willingly? - A. Yes; indeed I placed some confidence in him, for I was tired, and went to sleep in the chaise.

Q. He was not in custody after he came to town? - A. No, he lodged at a public-house within a few doors of me.

Q. Then, at that time, he was not under the controul of any body? - A. No.

Cross-examined by Mr. Alley. Q. Then you went into the country to search for Rufford, supposing he was a party concerned in aiding Turnbull? - A. Yes; when he told me the story, I asked him where the money was; he said, at home, at Stroud.

Q. But before he told you any of the story, did you not tell him you came for the purpose of apprehending him? - A. I told him I came down to take him into custody, supposing him a party concerned with Turnbull; I had a warrant in my pocket, which I never produced.

Q. Did you tell him you had a warrant? - A. I don't think I did.

Q. Did Rufford ever give you any account till you told him you had a warrant? - A. Yes.

Q. You had a pistol in your hand? - A. No, I had pistols in my pocket.

Q. Should you, if he had made any resistance, have let him escape? - A. Certainly not.

Q. Would you have let him escape, before he came to the office? - A. He might have done it.

Q. Would you have thought it right in you to have permitted him to escape? - A. I knew he would not do it.

Q. Did you or not consider it your duty to keep him in custody till you brought him to town? - A. Surely I did.

Q. Then was he not in your custody? - A. When I brought him to town, I left him in Holborn to go where he pleased, before he was examined at all.

Q. Did he not say he would tell you every thing he knew, provided he was not prosecuted himself? - A. No, he did not.

Q. You went down to Ware? - A. Yes, seven or eight miles below Ware.

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

Q. Then, perhaps, it may have happened to you to tell your wife you were going to one place when you were going to another? - A. It might.

Q. Did not this man come, and voluntarily surrender himself to justice? - A. Yes, he did; after being promised that no advantage should be taken of his person.

Q. He came to your house, and told you, if no advantage was taken of him, he would go and surrender at the office; and you, like an honourable man, did not take advantage of him, and he did go and surrender himself? - A. Yes.

Mr. Raine. Q. If you had found it necessary, you would have taken Rufford into custody? - A. Most certainly.

Q. But you did not find it necessary to take him into custody? - A. No.

Court. Q. What is your situation? - A. I am a gun maker, and attend prosecutions on the part of the Mint.

The prisoner left his defence to his Counsel.

For the Prisoner.

BENJAMIN GILBERT sworn. - I am a file-cutter; I have known him four years, he bears a very good character.

Cross-examined by Mr. Knowlys. Q. Did you know him up to the present time? - A. Yes; to the time of his elopement, when he went into the country.

Q. When was it that he eloped? - A. After Christmas.

Q. Before, or after Turnbull had been taken? - A. I never heard of Turnbull's business till some time after Christmas.

Q. Did you go to his house after he had eloped? - A. No.

Q. How long was he absent from his business? - A. I cannot positively say how long he was absent, it did not concern me.

Q. Then you are a kind of a man that feels no concern when an acquaintance elopes? - A. Yes, I do.

Q. Do you know the Tower? - A. Yes, I do business for the Ordnance.

Q. Do you go there frequently? - A. Sometimes once in two months.

Q. And do you mean to tell me, that though you are employed by the Ordnance, you did not hear of this robbery till after Christmas? - A. Yes, I heard of it, but not at the Tower.

Q. Upon your oath, as you are employed by the Ordnance, do you mean to say you had not heard of this robbery till after Christmas? - A. Yes.

Mr. Alley. Q. You did not hear that Honey was implicated till after that? - A. No.

Mr. Knowlys. Q. When did you hear it first? - A. At my own house; one of my men brought me word that the Mint was robbed.

Q. Where did you hear that Honey had eloped? - A. At the Anchor, in St. John's-street.

Q. Do you go there frequently? - A. Not often.

Q. How often? - A. Sometimes once in two months, sometimes once in a month.

Q. That is nearly opposite Honey's house? - A. Yes.

Q. Was it there you heard the officers were in search of him? - A. No; I heard that he had eloped from his home, but did not know upon what account.

Q. Upon the oath you have taken, have you not heard that he was implicated in this business? - A. I did hear that he was supposed to be concerned in having the money left at his house, that was the public talk in the tap-room.

Q. Was that in his own neighbourhood? - A. Yes; it was a good while after.

Q. And after that, you come here to give him a character? - A. I never heard any thing amiss of him.

Mr. Gurney. Q. Do you believe all the flying reports you hear? - A. No.

Q. By eloping you mean going into the country? - A. Yes.

Court. Q. Do you mean by eloping, was meant only going into the country upon his ordinary business? - A. Yes; I did not know but he was.

MATTHEW BAINBRIDGE sworn. - Examined by Mr. Alley. I live in Goswell-street: I have known the prisoner upwards of twelve years, he has always

borne a very honest character; he was a servant to Mr. Ramsbottom the distiller.

Cross-examined by Mr. Raine. Q. What has he been of late? - A. In the iron way.

Q. Old iron? - A. Old iron as well as new.

Q. He has been very attentive to that business, has he not? - A. I do not know as to the iron particularly, he was in the rag way too; and was always very attentive to his business.

Q. Do you remember his leaving Mr. Ramsbottom's service? - A. Yes.

Q. Do you know why he left it? - A. No, I positively do not.

Q. Did you never hear? - A. I never heard any thing amiss of the man's character.

EDWARD NOWELL sworn. - Examined by Mr. Gurney. I live at Mary-le-bonne, I am a cornchandler: I have known him six years, he is a very honest man.

Cross-examined by Mr. Knowlys. Q. Where is your house? - A. In Riding-house-lane, near Portland Chapel.

Q. You know Honey intimately well, I dare say? - A. I know he has come to buy a truss of hay, or a bushell of corn of me.

Q. Is that all you know of him? - A. Yes.

Q. Have you heard of this news about the robbery? - A. Yes.

Q. Perhaps you have seen Honey since these reports went about? - A. Yes, I have.

Q. Where has he been since these reports? - A. I do not know.

Q. Mind, your answers will be taken down - do you mean to say you don't know where Honey has been since these reports? - A. I do mean to say so.

Q. Have you never seen him? - A. Yes, when he went to the Police-office.

Q. Do you mean to say you never heard of him from the time of these reports to the time he surrendered? - A. Not that I know of.

Q. Upon your oath, has he not been at your house since the time of the reports of this robbery? - A. I cannot say whether he has not bought hay of me.

Q. Upon your oath, has he not been with you? - A. I cannot say, for it is a good while since Christmas that he bought hay of me for his horse.

Q. When did you hear these reports? - A. I cannot tell, but it is a long while ago.

Q. How long did he stay at your house? - A. While he had the hay, and paid me for it.

Q. Did you go to his house since Christmas? - A. Yes.

Q. Do you mean to say that he was at home? - A. No.

Q. Where was he? - A. I cannot tell.

Q. Where did he go to when he bought the hay of you? - A. I fancy he went home.

Q. Did not you know the officers of justice were in search after him at that time? - A. No.

Q. Did he ever stay at day in your house? - A. No, nor half a day.

Q. How often has he called at your house since Christmas? - A. Not above once or twice.

Q. How often may you have been in his company since Christmas? - A. Only when he has come to my house.

Q. You have a stable, have you not? - A. Yes, I have.

Q. Was Honey there since Christmas? - A. No.

Q. Will you swear that? - A. Yes.

Q. Have you never said that he was locked up in your stable? - A. Never in my life.

Mr. Alley. Q. If this poor man had come to you, he has come publicly, at noon day, to purchase hay, and other articles? - A. Yes.

THOMAS STEELE sworn. - Examined by Mr. Alley. I keep the Golden-fleece, the corner of New Palace-yard: I have known the prisoner fourteen or fifteen years, I have no reason to give him any thing but the best of characters; I have every reason to give him a very good one.

Cross-examined by Mr. Raine. Q. Are you the person that went to Mr. Parker's with Honey? - A. Yes.

Q. At that time had you heard reports of his having been concerned in harbouring this felon? - A. No.

Q. Where was it that you were with Honey when he was locked up? - A. Only since he has been in Newgate.

Q. Since the reports about the robbery, where had you seen him previous to his surrendering himself? - A. He would not see me till I wrote him a letter; I saw him after, and that was the day before I took him to Mr. Parker.

Q. Where was he after this? - A. I do not know; I went to his house, but he was not there.

Q. Did you happen to hear where he was? - A. He met me at my own house.

Q. And how often did you see him there? - A. Several times; and wanted to appoint a time that he should come forward and speak his mind to the gentleman, and all he wanted was that he might be admitted to bail.

Q. Do you know when he first absented himself? - A. No, I did not, till his wife informed me of it.

Mr. Alley. Q. All this was under a solemn promise of Mr. Parker, that no advantage should be taken of it? - A. Yes.

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

Confined one year in Newgate , and fined 200l.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17990508-49

312. FRANCIS CHANT was indicted for feloniously stealing, on the 22d of March , twenty-one iron bars, value 10s. belonging to James Allcock , fixed to his dwelling-house .

Second Count. Laying the bars to be the property of Christopher Norris , Tillott Norris , and William Norris .

Third Count. Laying them to be the property of Richard Norris ; and,

Fourth Count. Laying them to be the property of Osgood Gee , Esq .

(The case was opened by Mr. Knapp.)

JAMES ALLCOCK sworn. - Examined by Mr. Knapp. I am a watch-hand-maker , I live in Gee-street, Goswell-street .

Q. Did you miss any property of your's? - A. I missed the gratings from our area, on Good Friday morning, about half past six; I had seen them about ten o'clock in the evening, before they were missed, over the kitchen area.

Q. Were they iron bars? - A. Yes; in consequence of information from Mr. Wood, I went down to Mr. Wyllie's, a smith, in Golden-lane, where we found the iron which we supposed to belong to our area.

Q. Tell us why you supposed they belonged to your area? - A. Because they fitted in exactly.

Q. Were you present when they were fitted? - A. No.

Cross-examined by Mr. Knowlys. Q. At ten o'clock on Thursday evening you saw them safe? - A. I did.

JOHN HOLLAND sworn. - Examined by Mr. Knapp. I lodge with the prosecutor, at No. 44, Gee-street: I saw the iron bars safe about half past ten o'clock on Thursday evening, I stood upon them at the door at the time.

GEORGE WOOD sworn. - Examined by Mr. Knapp. I am a victualler, I keep the White-lion, in Brick-lane, Old-street.

Q. Do you know the prisoner, Chant? - A. Yes; I saw him on Good-Friday morning, nearly about ten o'clock, he had a sack which, by the appearance of it, contained iron, it appeared to be very heavy; I saw the corner of an iron bar through the sack.

Jury. Q. Did you see it through the top or the bottom of the sack? - A. I cannot tell.

Court. Q. Did the end of the iron bar pierce through the sack? - A. No, there was a hole in the sack; it was a very little bit through the sack, and that led me to a suspicion that it was iron.

Q. Was that a hole at the top of the sack, or the bottom of the sack, or the side of the sack? - A. Very near the bottom part of that end that was hanging behind him; I followed him about twenty yards, and sometimes ten, to a yard in Golden-lane, to a smith's shop.

Q. It was Wyllie's shop, was it? - A. I believe it was Wyllie followed him into the shop.

Q. Did you go into the shop? - A. No, I did not.

Jury. Q. What length did the bars appear to be? - A. Four or five feet long.

Q. Were they straight? - A. Yes.

Jury. (To Allcock.) Q. The bars you lost, of what sort were they? - A. They lay in a frame upon the ground, with a turn up towards the house of about five or six inches.

Jury. Q. What inducement had you to follow the prisoner? - A. Because I had come down Gee-street, and coming round the corner to Noble-street, I saw Chant; I had seen the grating was gone from this house before I saw Chant.

Cross-examined by Mr. Knowlys. Q. I believe you know that the prisoner is a dealer in iron ? - A. Yes.

Court. (To Wood.) Q. Where was it that you saw the prisoner? - A. Coming out of a house No. 41, Noble-street; it was a house that had been shut up, and I followed him to Wyllie's.

Q. Did you know his person before? - A. I had seen him.

JOHN HODDILOD sworn. - Examined by Mr. Knapp. On the 22d of March, Good Friday, I went with Allcock to the very top shop of a yard in Golden-lane.

Q. It was Wyllie's? - A. Yes, he was not in the shop; I looked through the shop-window, and saw bars that I thought very likely came from this house; I am in the iron way myself; I stopped at the shop that nobody should take the bars away while I sent Mr. Allcock for the constable; Mr. Allcock returned with the constable, Martin Jones , and there found all the bars belonging to the two areas.

Court. Q. Did you find the bars belonging to Allcock's area? - A. Yes, they had been broke up; soon after Mr. Wyllie came, and his wife, the constable took him into custody; then, from the information I received from him, the constable, and me and Wyllie, went to Chant's house in the Yard, in Old-street, it is just under the gate-way.

Q. When you came to Chant's, was Chant at home? - A. Wyllie knocked at the door, I believe Chant opened the door himself; Wyllie says, what a pretty mess you have brought me into by buying this iron of you.

Q. Was that the first thing that was said by Wyllie? - A. The first thing.

Q. Was it made known, at that time, to Chant, what sort of bars they were? - A. No; then the officer took Chant into custody; Chant said, we must be quiet, do not make a noise, and I will take you to the man that brought it me.

Q. Did you find any thing in Chant's house? -

A. No; at that time we all went with Chant to No. 41, Noble-street, Brick-lane.

Q. How far is that from the house that had been robbed? - A. Not more than a hundred and fifty yards; Chant knocked at the door, but the house was close shut up; Chant, and me and the constable, went to two or three public-houses; Chant said, he made no doubt but we should find him, his name was Phillips.

Q. Phillips was the man that he supposed to whom the house belonged? - A. Yes; there were several people in all the public-houses we went into, but he could not identify the man at all; then we took Chant and Wyllie, and conveyed them before Mr. Kinnaird, at Hatton-garden; after that, I went with George Longden, that same day, to No. 41, Noble-street, and found the house shut up as it was before; Longden searched the house, he got in at the back-door, he forced it open; I saw Longden pull some pieces of iron out of the closet; there was one piece of iron, a square bar, as if it belonged to the area; he found a great number of duplicates; then we went to Chant's, and found some pieces of lead which had the appearance as if iron bars had been fixed to it.

Q. Did you try these pieces of lead with the iron bars afterwards? - A. No.

Q. Were you present when the bars, found at Wyllie's, were fitted to the area? - A. Yes, Mr. Allcock's area.

Cross-examined by Mr. Knowlys. Q. They fitted, did they? - A. Yes.

Q. How many areas in London do you suppose they would have fitted? - A. I cannot suppose that they would have fitted any other.

Q. Were they not off the corner of his house? - A. They were the same bars as near as could be, representing the other grating.

Q. Is not that the common size of area bars? - A. I do not know that it is a common size.

Q. You are a smith? - A. An edge-tool-maker.

Q. Do you mean to say that was not a common size area bar? - A. It is the same size with the rest of the bars in the street; the whole grating is made alike nearly.

Q. And like the areas in many other streets? - A. It may be so.

Q. Then do you not believe it is a common size area? - A. I do not think there are any of the same size areas round about your neighbourhood.

Q. Do you mean to swear it is a common size area bar? - A. I do not doubt of its being a common size.

Q. The bars that are not quite large enough will fit, because it is fixed in with mortar and lead? - A. No, the knuckle of the bar must fit exactly.

Q. Did you find any other iron at the prisoner's warehouse? - A. Yes.

Q. How many bars were there? - A. I cannot tell.

Q. Was there not a very large quantity of iron? - A. I dare say there might be a ton or two.

Mr. Knapp. Q. Were there any other area bars missing in the street? - A. No, mine were forced but not taken away; except Mr. Doyle's and Mr. Allcock's.

WILLIAM WYLLIE sworn. - Examined by Mr. Knapp. I live in George-yard, Golden-lane: On Good-Friday morning the prisoner came to my house, between nine and ten o'clock, with some iron, it seemed to be party grating, some of it was broke, and some whole; he brought it in a sack.

Q. Did you make any observations upon the sack? - A. No.

Q. You do not know whether there was a hole in the sack or not? - A. No.

Q. What length might the iron be? - A. Some of it might be four or five feet long, and some of them turned up; he had brought me a lot of iron; he and I broke it up to weigh it, because my scales would not weigh above a hundred and a half at a time.

Q. Did he say any thing at all at the time you were breaking it up? - A. Not that I heard.

Q. Was that the same iron that was afterwards found at your house by Allcock? - A. That I cannot tell.

Q. What did you do with the iron? - A. I laid the iron down in the shop, and he told me he had got another load of iron for me, down at his shed; I went and fetched that up, and this man came and picked the iron out, and said, that was iron that was stole.

Q. What did you do with the other iron? - A. I laid it down in the shop.

Q. Mixed it with the other iron? - A. No, I threw it down by itself.

Q. And that iron that you placed by itself in the shop, was the same iron which Allcock, and the constable, came and took away? - A. Yes; I went with the officer to Chant's, and said, Mr. Chant, what a mess you have brought me in about buying this iron; Chant said, he could take the gentlemen to the man that he brought it of.

Cross-examined by Mr. Gurney. Q. How long have you known the prisoner? - A. Nine months; he keeps a horse and cart, and collects iron; sometimes he has brought me iron, either upon his back, or in his cart, as it suited him.

Q. Did you give the fair regular price for it? - A. I gave 16s. and 6d. per husband for it.

Q. And that is the fair regular price for it? - A. Yes.

Q. This was for working up in the course of your business as a smith? - A. Yes.

Q. This was brought perfectly open in the day

time? - A. Yes, between nine and ten in the morning.

Q. There was no concealment about it? - A. No.

Q. He desired you not to make a noise when you went to his house? - A. I never heard such a word.

WILLIAM TIMBRELL sworn. - Examined by Mr. Knapp. I am rent-gatherer to Mr. Christopher Norris. I was in company with the officer when he searched the prisoner's house; we found some pieces of lead, which appeared to me as if they belonged to Allcock's grating; I saw the iron bars at the office, I tried them the next day with the area, and they fitted.

Q. Were they strait bars? - A. Some strait, and some round.

Cross-examined by Mr. Knowlys. Q. Are you not in the iron way yourself? - A. No.

Q. About these pieces of lead, you cannot say any thing about? - A. No, because they were broke to pieces.

Q. There was a large quantity of iron there? - A. Yes.

Q. And you found the things lying in a proper place for them for a dealer? - A. Yes.

Q. I believe the Magistrate thought fit to commit him for receiving, did he not? - A. The Magistrate did as he thought fit.

Q. Did you not know that he was committed for receiving, and not for stealing? - A. I understood the term was a misdemeanour.

Q. And he was admitted to bail, and comes here surrendering himself to take his trial? - A. Yes.

MARTIN JONES sworn. - Examined by Mr. Knapp I am a constable of St. Luke's: At the desire of Mr. Allcock, I went to Wyllie's house, and apprehended him; we found this iron lying upon the ground (producing it); they afterwards went to Chant's house, and took him into custody, I did not find any thing there.

Q. At the time Wyllie and Chant were together, do you recollect Wyllie saying any thing to Chant? - A. Chant said he had a journeyman of the name of Phillips; I went in search of Philips, but could not find any such person; he said he lived in Noble-street; there was nobody there; I then took Wyllie and Chant to the Sitting Magistrates in Hatton-Garden.

Q. Do you remember Wyllie saying any thing to Chant? - A. No; I tried the bars at Mr. Allcock's; there were twenty-two of them, and they fitted.

Cross-examined by Mr. Gurney. Q. You live near Chant's? - A. Some little distance.

Q. Do you happen to know him? - A. I might have seen him, but I never spoke to him in my life.

GEORGE LONGDEN sworn. - I am an officer: I went with a search-warrant to apprehend Chant, and I found these pieces of lead. (Producing them).

Cross-examined by Mr. Knowlys. Q. He always said he had bought them of Phillips? - A. Yes.

Q. He was committed for receiving? - A. Yes.

JOHN DUNCOMBE sworn. - Examined by Mr. Knapp. I am a smith: I made a number of grates for Mr. Norris, but there is only one of those that I can swear to, (points at it): I know it by this end being twisted; I turned my man away on account of that particular mistake; which house it came from I do not know; I made it for Mr. Norris about ten years ago.

Q. (To Jones.) Look at that piece of iron, did you sit that at Mr. Allcock's house? - A. I marked it with a file.

Cross-examined by Mr. Knowlys. Q. That was made in your manufactory about ten years ago? - A. Yes.

Q. You found some fault with it, and turned your man away? - A. Yes.

Q. Which of the houses he took it to you cannot tell? - A. No.

Q. So that you will not swear there are not other areas in that street with twisted bars like that? - A. I can swear to that being the bar I turned my man away for.

Q. You have been and examined the other areas in that street? - A. No, I have not.

Prisoner's defence. About the 1st or 2d of March, my wife was brought to-bed of twins; her illness caused me to pay great attention at home; I used to be frequently at home by eight, or half past even every night. On Thursday night before Good Friday, particularly, I went to bed about eight o'clock, and laid till about seven in the morning. On the Good Friday, I came down stairs, got my breakfast at home, and then it might be a little after eight o'clock; a person came enquiring after the welfare of my wife, who stood in conversation with me; at the same time, a person came up of the name of Philips, and told me he had got a load of iron that would suit me, if I thought proper to go and look at it; I asked my friend, who was in conversation with me, to take a walk with me; accordingly he did; we went with Philips, who I am not able to produce, to No. 41, Noble-street, where I saw Mrs. Philips, as Philips called her, and a man standing close to the fire-place; he produced a load of iron, and I agreed with him for fourteen shillings a hundred, which is a very fair price for a man to support a horse and cart, and get his living out of it. The iron was weighed, I paid him for it, I brought it upon my shoulder, and carried it to Wyllie's, which I had frequently done, sometimes in a cart, and sometimes on my shoulder, which was most convenient; but it being Good-Friday, I thought it was not proper to bring my cart out that day; I have two witnesses, if your Lordship will hear them, that I hope will give your Lordship and the Jury the satisfaction that

I had not been from home any of these nights during my wife's illness, which is the nurse.

For the Prisoner.

ANN SHEEN sworn. - Q. I was nursing Mrs. Chant; she had lain-in three weeks and four days before Good Friday; she had twins, this is one, the other is at home: On the Thursday evening he came home a little before eight o'clock; his wife and he were having a few words, and he left his supper upon the table, and went up stairs to bed; I took particular notice of it, because it was the only time I had ever observed any thing of the kind.

Q. About what time did his wife go to bed? - A. It might be ten or half past ten; I went to bed about half past three on the morning of Good Friday.

Q. Where did the prisoner sleep? - A. In the same room with his wife.

Q. Did you attend the wife to bed? - A. I did.

Q. I warmed the bed, and felt his feet in the bed; I slept in the same room with the twins, and three small children; besides, I gave my mistress some caudle, and I am sure he was in bed.

Q. Do you know what time he got up that morning? - A. It might be seven, or a quarter after seven, as near as I can recollect; he could not come down, without coming through the room where I was; I was up at half past five to feed the children; as they did not suck, I was obliged to be up very often with them.

Q. Did he breakfast that morning at home? - A. Yes; he did not go out till half past eight.

Q. Have you any family yourself? - A. I have one son, John Stockwell , by my first husband; I saw him on the Thursday, a little before eight in the evening; he called for the key of the street door, as I had a house in the same yard.

Q. When did you see your son again? - A. On the Friday morning, to leave the key, when he went to work; Mr. Chant was coming down stairs at the time, and he gave me some breakfast; on the Friday evening my son came back again about the time that Mrs. Chant was going to bed, and he had one of the children for near two hours after that.

Cross-examined by Mr. Knapp. Q. This might be about seven o'clock, or a quarter after seven? - A. Yes.

Q. It was not earlier, you are sure? - A. No.

Q. Do you live with Mr. Chant? - A. No.

Q. How came you by one of his children? - A. I nurse this child for him.

Q. Had you any conversation with Chant about this business? - A. No.

Q. Chant did not desire you to recollect the time? - A. Mr. Chant did not.

Q. Nor any body else for Mr. Chant? - A. No.

Q. You have been examined, I take it, as to what you could say, before you came here? - A. No, I have been to nobody.

Q. But has nobody come to you? - A. No.

Q. When were you applied to to come here? - A. Last Wednesday.

Q. No application then was made before last Wednesday? - A. No, not where I was to go.

Q. Neither how you were to go? - A. No; he begged of me to speak the truth.

Q. How many times has he begged of you to speak of what you know? - A. I cannot say.

Q. Then you have not talked with any body about what you should give in evidence? - A. No.

Q. Then Mr. and Mrs. Chant fell out that evening? - A. Yes.

Q. And they never did before? - A. I dare say they did, but not in my hearing.

Q. Now can you tell us about what time he went out on Monday? - A. About eight or nine was his general time to go out with his horse and cart.

Q. What do you think of Tuesday? - A. It might be the same.

Q. I dare say he never went out that week so early as six? - A. He kept very regular hours.

Q. Will you venture to swear that Chant, any morning in the course of that week, did not go out at six, or between six and seven that morning? - A. I cannot be particular.

Q. But this morning, Good Friday, you are perfectly certain about it? - A. Yes, because of the boy getting up.

Q. So you warmed the bed, and he in bed? - A. Yes.

Q. And you felt his legs at the time? - A. Yes.

Q. Do you remember his being at home that morning, Good Friday, between nine and ten? - A. I do not know, for he went out about nine; he breakfasted about half past eight, and went out about nine.

Q. Did he go out before nine, or after nine? - A. I cannot say.

Q. At ten he was not in the house? - A. Not that I know; he was not in the warehouse.

Q. Then where he was at ten you cannot tell? - A. No.

Mr. Knowlys. Q. The day he was taken up was a remarkable day? - A. Yes, it was Good Friday; and when he was taken up, he was just come home from fetching my mistress from being churched? - A. Are you sure he was never out to night? - A. Yes.

JOHN STOCKWELL sworn. - Examined by Mr. Gurney. Q. How old are you? - A. Fourteen.

Q. Is it a good thing or a bad thing to tell a lie? - A. A bad thing.

Q. If you tell a lie upon your oath, what will

be your punishment in the next world? - A. Brimstone and fire. (He is sworn.)

Q. You are son to Mrs. Sheen? - A. Yes.

Q. Do you know Mr. Chant? - A. Yes.

Q. Do you remember his being taken up? - A. No.

Q. Do you remember his going before the Justice? - A. Yes.

Q. Do you remember Good Friday? - A. Yes.

Q. What had you for breakfast? - A. Hot cross buns.

Q. The night before Good Friday you called upon your mother? - A. Yes, for the key of the street door.

Q. At what time did you call on your mother? - A. About nine o'clock; Mr. and Mrs. Chant were having a few words; Mr. Chant slung his supper down, and went up stairs to bed; I took the key, and went to my mother's house.

Q. Did you come back afterwards to Mr. Chant's house? - A. Yes, about two hours afterwards, as nigh as I can guess.

Q. Was Mr. Chant gone to bed then? - A. Yes.

Q. Did you stay there any time? - A. Yes, I staid there a long while nursing the baby.

Q. You did not see Mr. Chant then? - A. No, but I heard him cough up stairs in his bed; I went home between twelve and one; I took the key to my mother the next morning at seven o'clock, as nigh as I can guess, I was then going to work; he came down with his waistcoat unbuttoned, and neither his shoes nor stockings on; I went to my place, and my master said, he did not want me; I came back about eight o'clock, as near as I can guess, for the key, to get into my own house; my mother and Mr. Chant were sitting at breakfast; Mr. Chant told my mother to give me a hot cross bun.

Q. How long did you stay? - A. Not long after that, I went home.

Q. Are you sure it was Good Friday? - A. Yes.

Cross-examined by Mr. Knapp. Q. It was about seven in the morning you saw him coming down stairs? - A. Yes.

Q. How long were you absent before you returned again? - A. It was about eight o'clock.

Q. What Mr. Chant was about between seven and eight, you do not know? - A. No.

Q. Did you see your mother warm the bed? - A. No; I had got another place, where I had half-a-crown a week and my victuals and drink.

Q. Then you are not in the habit of going backwards and forwards to Mr. Chant's? - A. No.

Q. Since that time had you any conversation with the prisoner upon the subject of your evidence? - A. No.

Q. You never told him you could be positive as to the particular time of his being at breakfast? - A. No.

Q. Nor any with your mother? - A. A few days ago my mother asked me whether I recollected Mr. Chant coming down stairs, and Mrs. Chant having a few words.

Q. That was a few days ago? - A. Yes, when I was coming here.

Q. And you remembered better for her telling you? - A. Yes.

Q. Were you never there any morning before so early? - A. Never.

Q. Did you ever breakfast there before? - A. No, nor did not then.

Q. You did not eat the buns? - A. I eat the bun, and then went home to breakfast.

Q. Did your mother tell you any thing about the time - did she not say, mind, and be sure it was about seven o'clock you saw him come down stairs, and about eight when you returned? - A. No, she did not.

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

Q. Did you nurse the baby, while your mother went up to warm the bed? - A. No.

Q. What became of the baby, while she went to warm the bed? - A. I do not know.

Q. How often have you spoke to Mr. Chant about it? - A. Once, two or three days ago, when I was coming with him.

Q. What did he say to you? - A. He asked me whether I recollected his coming down stairs, and I told him, yes; and he asked me if I recollected him and his wife quarrelling; I told him, I did.

Q. Do you know what they were quarrelling about? - A. No.

Mr. Gurney. Q. You had not the good luck to get a cross bun any other morning than Good Friday? - A. No.

Q. And that, perhaps, was your reason for recollecting it? - A. Yes.

LAVE COLEY sworn. - Examined by Mr. Knowlys. I am a silversmith; I have known the prisoner about five or six years.

Q. Do you recollect calling upon him on any particular day? - A. Yes; on Good Friday the 22d of March, I called upon him to know if he would go with me as far as Holloway in the afterternoon; about eight or nine o'clock, I cannot say exactly, it was after I had breakfasted; I breakfasted myself at eight o'clock; he said his wife was very poorly, and he could not think of going there; in the mean time a man came in, and asked him to buy a load of iron; he called him, Phillips; he said, which way are you going; I told him I was going home; says he, you may as well go with me, it is in your way home, and I, and Chant, and Phillips, went together to Noble-street, and a man

brought out some iron grating; he asked him what he wanted a hundred for them; he said, fourteen shillings, and weighted them, and he paid for them; I saw him give these two seven-shilling-pieces and some silver, but what silver I did not observe; he put it in a sack; I said, you had better fetch your horse and cart; no, says he, it is Good Friday, recollect, I must not bring that out to-day; I helped him up with it upon his back; we came out together, I went away home.

Q. What way of business is Chant in? - A. He deals very largely in iron; I have seen as much as twenty tons at a time in his warehouse; I knew him when he kept the Wrestlers, at Highgate; he always bore a good character.

Q. Are you a housekeeper? - A. No.

Q. Where do you live? - A. No. 3, Northampton-row.

Q. Are you in business for yourself? - A. Yes; I work for shops.

Q. What shop? - A. Any shop that will buy my work.

Q. How long is it since you sold any to any shop? - A. I sold some articles to my cousin, Mr. Coley, a silversmith, in Fetter-lane, about a sort night ago.

Q. Have you sold any since that? - A. No.

Q. What particular articles do you work? - A. In the small knee-buckle line; I have sold him dozens upon dozens.

Q. And he is the only person that you can recollect? - A. I sell him a great many.

Q. Any body else? - A. I sell to pawnbrokers and silversmiths shops promiscuously.

Q. What pawnbrokers have you sold any articles to? - A. Mr. Cordy, upon Snow-hill.

Q. How long ago? - A. From three to six months ago.

Q. How many did you sell? - A. A dozen and a half of knee-buckles.

Q. Did you know Phillips before? - A. No, I never saw him before.

Q. Was the house in Noble-street open or shut? - A. The door was shut, the windows were open.

Q. Was the house furnished? - A. Yes, there was a chair and a table in the room.

Q. And perhaps a bed? - A. Perhaps a bed for any thing I know, I did not see the bed.

Q. What time in the morning was it that you were there? - A. A little after nine in the morning.

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

Q. You do not know what business Phillips was? - A. No.

Q. From what part of the house was this iron? - A. I did not see where he brought it from; he brought it into the room, and I saw it bought.

Q. You have had conversations with Chant upon this subject? - A. Yes, or else I should not have been here.

Q. A great many conversations? - A. Five or six very likely.

Mr. Knowlys. Q. Is it the habit of working silversmiths to go about to shops to sell their goods? - A. Yes.

The prisoner called five other witnesses, who gave him an excellent character.

NOT GUILTY .

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

Reference Number: t17990508-50

313. JOSEPH HARDY was indicted, for that he, on the 3d of September, 1798 , unlawfully did receive of a certain ill-disposed person, nineteen hundred weight of hemp, value 15l. knowing the same to have been stolen .

(The indictment was opened by Mr. Jackson, and the case by Mr. Knowlys.)

ROBERT THOMPSON sworn. - Examined by Mr. Jackson. I am a block-maker: Some time the beginning of September last, Thomas Brandall , Robert Allen , and myself, took some hemp out of a craft lying at Iron-gate, into a lug-boat.

Q. By what authority did you take it? - A. We stole it out of a lighter; we took it up to Ranelagh gardens; it might be about twelve or one o'clock in the morning when we took it out of the lighter: when we came to Ranelagh-gardens, between three and four in the morning, Brandall went ashore to call Mr. Hardy; when he returned again, Hardy and Ridley were with him; the hemp was put into a summer-house and was weighed; we put it into the summer-house, and Ridley assisted us; Hardy was at the weighing of it; it was a summer house belonging to Ranelagh-gardens; Ridley was the gardener.

Q. Who brought the scales? - A. I do not know; there were about fifteen or sixteen hundred weight of it; I cannot say justly to a hundred weight; I left it in the summer house, and Ridley and Hardy with it.

Q. Now state when you applied to Hardy for any money? - A. It might be four or five days after I received a guinea on account of the hemp from Mr. Hardy; I told him that was very little; he said, he was very sorry he could not give us any more, for he had not got the money for that hemp that we had taken him up; in about a week, or rather more, I received another guinea of him; he told me he had sent the hemp to Reading, in Berkshire; he desired us to bring him up a little more hemp,

and a little black flax that he wanted, and he could sell that for ready money; he said, as soon as he had got the ready money, he would pay us for what he had had, and likewise for that too; we told him, if he could not pay for what he had had, he could not pay for any more.

Q. What is Brandall? - A. A shoe-maker.

Q. What is Allen? - A. A waterman.

Cross-examined by Mr. Gurney. Q. You were taken up for stealing hemp? - A. Yes.

Q. Did not the sight of hemp frighten you? - A. No.

Q. From what motives do you now come here? A. I wished to make it known for justice.

Q. For the mere love of justice? - A. Certainly.

Q. Merely that the guilty persons might be punished? - A. And for my own safety.

Q. Now which of those two motives happened to be the most powerful, the love of justice, or the desire of safety? - A. The desire of safety.

Q. You had a great many examinations before the Magistrate? - A. Yes.

Q. Perhaps you recollect seeing me there? - A. Yes.

Q. You had a pretty long examination before I had the pleasure of seeing you? - A. Yes.

Q. How many sheets of paper might it fill? - A. It might be two or three sheets.

Q. You have had a copy of your examination to read and refresh your memory? - A. Yes.

Q. You had it from the housekeeper? - A. Yes.

Court. Q. Did you pay any thing for the copy? - A. No.

Mr. Gurney. Q. You have been kept in custody at the Marine Police-office ever since? - A. Yes.

Q. When did you look at your examination last? - A. Last night.

Q. You read it instead of your Bible, I suppose? - A. Yes.

Q. What was it given you for? - A. To look over.

Q. With directions to you to look it over? - A. Yes.

Q. Have you carried it about you, in your pocket? - A. No; it laid in the housekeeper's room; I looked at it sometimes to rub up my memory.

Q. This is not the first time you have been in this Court? - A. No.

Q. How often have you been here? - A. Only once, eight years ago.

Q. That was as a prisoner-were not you here last session? - A. Yes, as a witness.

The trial took place on a Monday.

Q. What were you tried for then? - A. A robbery.

Q. By land, or by water? - A. By water.

Q. Who was tried with you? - A. Germaine and Perry.

Q. Hardy kept a rope walk? - A. Yes.

Q. And you arrested him for the money? - A. Brandall spoke to an attorney to arrest him; we could not get our money from him.

WILLIAM RIDLEY sworn. - Examined by Mr. Knowlys. Q. You were employed in Ranelagh gardens last summer, as a watchman? - A. I believe I was discharged from the gardens about that time.

Q. Do you know the defendant? - A. Yes.

Q. Have you been employed by him occasionally? - A. I have.

Q. Do you know Thompson? - A. Yes; I saw him and two more at Ranelagh gardens, at the water gate, with hemp in a largish boat.

Q. Do you know the other two men that came with Thompson? - A. No; one of them, his name was Bob, and the other Brandall, whom I have heard called Shakespeare Hardy, and I went down to them; Brandall came to me, and knocked at the house door of Ranelagh, and told me he had brought some hemp for Mr. Hardy; then I went and fetched Mr. Hardy; he desired to see it weighed, and I got some scales from Ranelagh house, and it was weighed.

Q. How came you to give them permission to come into Ranelagh gardens, and Ranelagh house? - A. Hardy told me he had got leave of one of the proprietors.

Q. Where was the hemp put? - A. In the water-gate house, which is a sort of summer-house at the bottom of the garden.

Q. When you told Hardy there was some hemp come, did he enquire who the people were that had brought it? - A. No; he had told me before, that he expected some.

Q. What was the weight of the hemp? - A. I was present, but I do not recollect the weight.

Q. Who else was at the weighing? - A. Hardy, and I, and Thompson, and the other two watermen.

Q. Was it a largish bulk of hemp? - A. Yes.

Q. Did you yourself see where it was conveyed to? - A. It was taken from there in a little one-horse cart to Mr. Hardy's rope walk.

Q. Did you ever learn from Hardy, or any body in his presence, what he gave for this hemp? - A. No such thing was mentioned.

Q. Do you know whether Hardy paid the money? - A. He paid some of it, he paid a five or a six pound note, I do not know which, to pay the men with, when they should call.

Q. Are you much acquainted with notes? - A. No; I gave that note to Brandall, I believe; the others were by at the time, all three were there.

Q. Were you present when any other application was made for money by any of those people? - A. I was present at the public-house when some money passed between Hardy and them, but what money it was I cannot tell.

Cross-examined by Mr. Gurney. Q. This hemp was taken away to Hardy's in a cart of his own? - A. No, a hired cart and horse.

Q. It was taken away in the open day? - A. Yes; it was in the morning part.

Jury. Q. What time did they begin to unload? - A. About five; or between four and five; and they were done about six, or a little after six.

Mr. Gurney. Q. Do you know how the tide happened to serve at that time? - A. I believe the tide served about that time.

HENRY LAING sworn. - Examined by Mr. Knowlys. Q. You are chief clerk in Mr. Colquhoun's office? - A. I am.

Q. Were you present when Hardy was examined upon this business? - A. Yes, I was.

Q. Was his examination taken by any Magistrate then in the office? - A. It was taken by Mr. Colquhoun. (Produces it).

Q. Was it signed by Mr. Hardy? - A. Yes; and signed by the Magistrate, and taken in his own words.

Q. Were there, before he signed that examination, any promise of favour, or threat, held out? - A. No; it was the most unqualified declaration I ever heard. (It is read).

" Joseph Hardy in his defence says, that Brandall came to me, about nine months ago, while in the Spilling-grounds, and offered to bring up some stuff, meaning hemp, in three or four days; Brandall, Thompson, and another man, brought it up; I told him to bring it to a bridge near Ranelagh-gardens; he brought it to the gardens about daybreak in the morning, Brandall came to me and forced me out of bed; I went down, and carried scales, to Ranelagh Summer-house, where it was weighed, and I brought it up through the garden upon my back, assisted by a labouring man, about ten or eleven o'clock the same morning, making many turns, there being about sixteen hundred weight of it in all; in a day or two after this, the same men came with another freight, consisting of seventeen hundred weight of hemp; Brandall called me as before, and assisted in carrying the scales, and it was weighed as before, it was between four and five o'clock in the morning, and Ridley in the gardens at Ranelagh, who was then up, assisted in weighing it; I agreed to give twenty-six pounds, I was not asked more; if I could have given the money down they would have taken a guinea a hundred; it was not the prime hemp; it was long rough hemp, and worth about thirty-five shillings per hundred weight, in regular trade; I brought it up upon my back as before, assisted by one of the Chelsea pensioners; Brandall, and his associates would have brought me a great deal more if I could have paid them ready money; I sent some of the hemp to a person in the trade, namely, a man in Kent-street, fourteen hundred weight, I believe his name is Wilson, and the rest of it I worked up; I told the sailors that I had sent it to Reading, but that was not true, it was in consequence of their teazing me so much for money; I made seven or eight partial payments in small sums, for the hemp, and was afterwards prosecuted for the balance, and arrested for eighteen pounds eleven shillings, for which my brother granted a note, and released me from a spunging-house near Oxford-market, where I was confined three days." Before me,

Signed, Joseph Hardy. P. Colquhoun.

Q. Did you see the prisoner sign that? - A. Yes.

Q. Did you see Mr. Colquhoun sign it? - A. I saw him write his name to it.

Cross-examined by Mr. Gurney. Q. Are you attorney for the prosecution? - A. Mr. Chetham conducts the prosecution.

Q. But are you an attorney? - A. I am certainly connected with the prosecution.

Q. You are one of the attornies for the prosecution? - A. Yes.

Court. Q. Is it the practice of your office, in cases of an accomplice, to give them a copy of their examination? - A. I was not aware of any inconvenience.

Q. I ask what is the practise? - A. The practise is, we read over his deposition to him, he signs it, and subsequently a copy is made for the party.

Q. Have you any sees for that copy? - A. No.

Q. And that you do in all cases of accomplices? - A. And in other cases.

Court. It seems to me to be a novel practice, and I think it my duty to throw out this observation, that it seems to tend much more to injustice than to justice: a man in the light of an accomplice, states facts to you and gets a copy of his deposition, that he may have an opportunity of continuing in the same story; I never heard of such a thing before; I throw it out now, that the Magistrates may know that the Court disapproves of such a practice, and that they may take it into their consideration to prevent it.

Mr. Gurney addressed the Jury in behalf of the defendant.

The prisoner called ten witnesses who had known him from eighteen to thirty years, and gave him an excellent character.

NOT GUILTY .

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

Reference Number: t17990508-51

314. JOHN SMITH was indicted for receiving from certain ill-disposed person or persons, on the 20th of September , nineteen hundred weight of hemp, value 32l. being part of the lading of a certain vessel called the Thetis, then lying in the River Thames .(The indictment was opened by Mr. Jackson, and the case by Mr. Knowlys.)

ROBERT THOMPSON sworn. - Examined by Mr. Jackson. I am a block-maker, I did live in St. Catherine's on the 20th of September, I now live over the water: On the 20th of September, me, and Thomas Brandall , and Robert Allen , went to Iron-gate Wharf, took a lug-boat from Iron-gate, and went along-side a hemp craft lying at Iron-gate Wharf, it was a lighter; there was a watchman in a craft or two from that craft watching; we loaded the lug-boat with hemp, when it was weighed there was about eighteen or nineteen hundred weight of it, we took it up to Ranelagh-creek, and landed it at a farmer's yard at the top of the creek, in a hovel, there was not tide enough to get quite up the creek; then Brandall went on shore, and came back again with another young man of the name of Ridley, and a young man of the name of Avery; Ridley was watchman of Ranelagh-gardens, as I was informed; the hovel belonged to Avery's master, he was a gentleman's servant; the hemp was landed at the Bank, and was packed up in mats that were brought by Brandall and Ridley, and we carried it across the fields and put it into the hovel, Avery lent a hand; we left it there that night, and in the morning we went and engaged with a carman that lives in Bermondsey-street, his name is William Lowe ; we told him we had got a load for him to take up at Chelsea; accordingly he went with us about five o'clock in the morning, with a cart, to Ranelagh-walk, Chelsea; when we came there, the cart went down the yard and was loaded, Ridley and Avery lent a hand to load it; we directed the man to drive to Worcester-place, Thames-street; when we came there, about eleven o'clock in the forenoon, Mr. Smith's man, and his boy, were waiting, there is a warehouse there; the man's name is Meares, and the boy's name is Jem.

Q. Do you know whose servants they were? - A. Mr. Smith's, I believe, I have seen them at Mr. Smith's house a long while before, at Mount's Gateway, East Smithfield; I was present when they were examined before the Magistrate; it was weighed at the warehouse in Worcester-place, and there was about eighteen or nineteen hundred weight of it.

Q. How was that warehouse situated? - A. Up about three stories, or there away, it was the third tier to the best of my knowledge; it was craned up.

Q. Who assisted to get it into the warehouse? - A. Brandall, Allen, and myself, and Mr. Smith's man and boy.

Q. What is Brandall? - A. A shoe-maker, and Allen is a waterman; after it was weighed, we came away; about a week afterwards Brandall received the money for it.

Q. Have you ever had any conversation with Mr. Smith respecting the money? - A. Never but once, I received eighteen shillings from him; I told him there was more money that that to come; and he told me Brandall had had a bottle or two of wine, and a ham of him, and he could not think of paying any more.

Q. Was that eighteen shillings the balance of an account? - A. Yes; there were two pounds altogether left him.

Q. Upon this hemp transaction? - A. Yes; and he gave me half-a-guinea, a seven-shilling-piece, and a sixpence.

Cross-examined by Mr. Garrow. Q. You are a block-maker? - A. Yes.

Q. Allen was a waterman, and Brandall a shoemaker? - A. Yes.

Q. Which of them was it that applied to you to go and rob upon the Thames? - A. Allen was the first.

Q. That must have surprized you a good deal, a man of character, working at his business as a block maker; it must have been matter of great surprize to you? - A. He asked me if I was agreeable to go.

Q. Upon which, of course, you knocked him down for proposing such a thing to you, a man of character? - A. No, I went with him.

Q. You hesitated, of course, and remonstrated with him, for proposing such a thing to a man of character? - (The witness hesitates).

Q. You knocked him down, did not you? - A. It was not the first time.

Q. You had been once or twice before, by way of practice? - A. I have been here once before.

Q. That may happen to any of us? - A. I was honourably acquitted.

Q. Of course, having been here once before, and honourably acquitted, you were particularly cautious of your character in future? - A. I was till within very lately.

Q. How lately is it since you were honourably acquitted? - A. About eight years ago.

Q. That is a long spell of honesty indeed; how long did the sit of honesty last? - A. Till within these nine or ten months, when I got acquainted with Brandall.

Q. I take it for granted, you only did this that you might be able to detect thieves and villains? - A. Not at all; I never meant to be a thief again, please God.

Q. But the sit came on again, there was no resisting it, and being in the act of stealing upon the Thames, Brandall and Allen had the luck to get away, and you were lest, and they took you? - A. Yes.

Q. How many months had you been at your old courses, new revived, when that happened to you? - A. About nine or ten months.

Q. I do not know how that trade is carried on, do you make Saint Mondays, or every other night, or what? - A. I have been in the impress service.

Q. But I am speaking of this voluntary service? - A. I cannot say exactly.

Q. So they took you in the very act of thieving? - A.

I was taken by a Marine Police-office boat, with some stuff.

Q. With some stuff; that, in your language, means stolen goods, I suppose? - A. Yes.

Q. They took you to the office, and there was no chance of your having the same luck again of being honourably acquitted? - A. I voluntarily acknowledged having been guilty.

Q. Being taken in the boat with the stuff upon you, you voluntarily acknowledged your guilt, that was a great concession certainly; pray how many persons did you accuse, I will not quarrel with you for half a dozen, but how many persons before the Magistrate did you accase? - A. Five of six.

Q. What was it you were honourable acquitted here for? - A. Robbing on the water.

Q. You never practised in any other line? - A. Only my own trade.

Q. Any thing is a man's trade that he takes to; I want to know whether you confined your practice to robberies upon the river? - A. No; I did not make a practice of it.

Q. You only made an amusement of it for nine months, three times a week? - A. Sometimes once a week.

Q. According to the catch, I suppose; but you never practised in any other line of roguery? - A. What I was here for was, for robbing a gentleman in a boat.

Q. It was a highway robbery upon the water, you never practised in any other way; is your name Robert? - A. Yes.

Q. You never practised in any other line; you understand my question? - A. Yes.

Q. You were never accused of any other offences but offences upon the water? - A. I do not remember any other.

Q. An innocent man may be accused; but recollect if some person did not accuse you of going out of your regular beat of business upon the water, and breaking in upon other men's province? - A. No, never.

Q. You are quite sure of that? - A. Yes.

Q. You have a large acquaintance, a man may forget some of them; do you remember a gentleman of the name of Germaine? - A. Yes.

Q. Was he concerned with you in the robbery of the gentleman on the Thames? - A. Yes, he was.

Q. What is become of him? - A. He is at sea.

Q. Not hanged yet? - A. Not that I know of.

Q. Do you know a gentleman of the name of Perry? - A. Yes.

Q. Where is he now? - A. He is at sea.

Q. An acquaintance of your's? - A. They were here with me.

Q. He was tried for that robbery? - A. Yes.

Q. Who was the person robbed? - A. I do not know the name now.

Q. Do you know what he was? - A. No; I cannot say.

Q. Was he an Excise officer? - A. He might be, I cannot say.

Q. Were you never charged with a footpad robbery upon the land? - A. I never was.

Q. Will you swear that positively? - A. Yes; I never was charged with one in my life.

Q. When you were taken up upon that occasion, you were honourably acquitted? - A. Yes.

Q. Did you not offer to turn evidence for the Crown, and was refused? - A. No.

Q. You never applied to be a witness for the Crown? - A. This here, do you mean?

Q. No, no; when you were tried in company with your friends, Germaine and Perry, for robbing the Excise officer? - A. No, I did not.

Q. Do you remember the articles of which that man was robbed? - A. No.

Q. Was a pocket handkerchief one? - A. I remember there was something about a pocket handkerchief.

Q. You were honourably acquitted, and therefore I may ask you, whether you ever offered to any body a silk pocket handkerchief, which you described as being round the neck of the person when he was robbed? - A. No; I never did.

Q. Did you know M'Call? - A. Yes.

Q. He is an acquaintance of your's? - A. No.

Q. Had you any conversation with him about the Excise officer? - A. No.

Q. You never offered him any handkerchief? - A. No.

Q. How long were you detained in custody at the Police office? - A. I have been there ten or eleven weeks.

Q. And of course must remain in custody till these persons, who are to be tried, are disposed of, and you then expect to be discharged? - A. I cannot say; I do not expect any thing of the kind.

Q. What are you to be detained for afterwards? - A. I do not know, I am sure, I cannot say.

Q. In the course of that ten or eleven weeks, how many times have you been examined? - A. I believe, four of five times.

Q. How often has your examination been read over to you? - A. Not very often, about three or four times.

Q. It is not very long? - A. Yes; there is a good deal of it.

Q. When was it read over to you last? - A. I read it over myself about a week or two back.

Q. Was that the last time? - A. I had it in my hand last night, just to look at it, but I had it not five minutes.

Q. Who gave it you last night? - A. Nobody; I took it as it lay on the dresser.

Q. And knowing this cause was to be tried, you very naturally took it up to look it over? - A. I just looked at it.

Q. Was it your original examination, singed by the Magistrate, or a copy of it? - A. A copy.

Q. Who made that copy? - A. I do not know; it was made and given to me.

Q. By whom? - A. I fancy it was the housekeeper that gave it me.

Q. When was it given to you? - A. Six or seven weeks back, I dare say it is.

Q. I suppose, by the housekeeper, you mean somebody that has the custody of you? - A. Nobody in particular; when the officer was gone out, I used to go up and stay with the housekeeper.

Q. I will thank you to see it? - A. I never carry it about me.

Q. So of this examination, a copy was made and given to you six of seven weeks ago? - A. Thereabouts.

Q. Which of the Magistrates was it that had signed it? - A. I do not think it was signed? - A. It was only a copy of it.

Q. Did you ask for it, or was it given you as a proper thing to have? - A. It was given to me.

Q. With what directions was it given you, as a proper thing to have? - A. It was given to me.

Q. With what directions was it given you - what were you to do with it? - A. To look it over.

Q. It was given you six or seven weeks ago to refresh your memory? - A. Yes.

Q. And has never , since it was taken before the Magistrate, been read over by any body to you? - A. No.

Q. Are you sure of that? - A. Yes.

Q. Did you see it when you went before the Grand Jury? - A. No; not particularly then.

Q. And it has never been read over to you? - A. No.

Q. Do you know a Mr. Laing-I never heard of him before? - A. Yes; there is a gentleman belonging to the office of that name.

Q. Has he read it over to you? - A. He has just read it over.

Q. How often has that accident occurred? - A. When he first gave it me.

Q. Mr. Laing was the person that first gave it you? - A. I believe not.

Q. Is Mr. Laing the housekeeper? - A. No.

Q. These gentlemen in that box have good memories - do you remember telling me over and over again, that the housekeeper had given it you with a direction to read it over? - A. The housekeeper had given it me.

Q. When did Mr. Laing read it over to you? - A. Five or six weeks ago.

Q. Where was it Mr. Laing read it over to you? - A. In the office.

Q. Were the additions, that were made to your examination, added to your copy, and delivered to you? - A. I heard it in the office two or three times.

Q. Who was present when Mr. Laing read it over to you? - A. I do not remember seeing any body but Mr. Laing there.

Q. What is Mr. Laing? - A. I believe he is a Justice's clerk.

Q. When did you see the gentleman last? - A. That is the gentleman.

Q. What, one of the persons conducting the prosecution? - A. Yes.

Q. Then I hope he will be called to contradict you - when did that gentleman read it over to you? - A. A good bit ago.

Q. When you came to the sessions, did you bring your examination with you? - A. I did not.

Q. Who did? - A. I do not know.

Q. Will you swear it was not read over to you? - A. Some of the Grand Jury asked me something about it, and I told them.

Q. Mr. Laing was attending the Grand Jury? - A. He was outside at the door.

Q. Is there a boat belonging to the office? - A. Yes.

Q. Have you proposed lately to make any use of that boat? - A. Not at all.

Q. Are you sure of that? - A. I have been in the boat, but not to make any use of it.

Q. When were you in it last? - A. I was in it, I believe, about a fortnight back last Sunday was a week, I went down along with one of the officers on board a collier.

Q. Your's is a pleasant imprisonment enough, you could take your pleasure upon the water; but I asked whether you had proposed to any body that you would do something with yourself by the assistance of the boat last night, upon certain terms, and have a care? - A. I told my wife, last night, to go to an acquaintance of mice, who I knew was acquainted with Mr. Smith, to see if she could learn what Mr. Smith said about it.

Q. Is that all? - A. Yes.

Q. You are sure that is all? - A. Yes; that is all

Q. You are quite sure of that? - A. I did add, that if I was a mind, I could make my escape; but it was not my inclination for to go, or I might have gone many a time.

Q. What was your object last night in sending a message by your wife to an acquaintance of Mr. Smith's? - A. I did not send any message to Mr. Smith at all.

Q. Nor by your wife to any acquaintance of your's? - A. I do not know what my wife might say, I did not desire her to go to Mr. Smith, nor to any body else.

Q. You said just now, I desired her to go to an acquaintance of mine, that I know was an acquaintance of Mr. Smith to see if she could learn what he said about it; I did add, that I could make my escape if I would - now do you mean to repeat that you did not desire your wife so to do? - A. I told my wife not to let Mr. Smith know any thing at all about it.

Q. Look at those gentlemen and tell me what your wife was to communicate to your friend, that you could escape if you would? - A. I had no inclination for going.

Q. Upon your oath, did you not direct that a message should be conveyed to Mr. Smith to send money to you, and that you would make use of the office-boat, and make yourself scarce today, that he might be acquitted; for that you were sorry you had accused an innocent man? - A. No.

Q. There was no proposal at all about money? - A. No; my wife might say so; but I did not; I told my wife I did not mean to go.

Q. Did you chance to say any thing to your wife about some money of Mr. Smith's? - A. No, I did not.

Q. What is your friend's name that you sent her to? - A. Joseph Bolsover .

Q. Did she come back from him to you? - A. Yes, she did.

Q. You were very angry with her when she came back? - A. No; I told her, I hoped she charged Mr. Bolsover not to say a word to Mr. Smith about it, for I did not mean to go at all.

Q. I am afraid she came back empty handed, she could not get any money from Mr. Smith? - A. I did not intend it, I had no inclination to go.

Mr. Jackson. Q. Did Mr. Laing ever read it over to you, but when you were to sign it? - A. That was the only time.

Mr. Garrow. Q. Did you not say, that when Mr. Laing read it to you, there was no person present but Mr. Laing? -

Jury. We are perfectly satisfied of that.

WILLIAM RIDLEY sworn. - Examined by Mr. Knowlys. Q. Have you an employment in Ranelagh-gardens? - A. Yes.

Q. Do you remember any lug-boat coming up Ranelag-creek? - A. Yes.

Q. Did the lug-boat get up or run a-ground? - A. I do not know whether she was a-ground, she could not get up any further for want of water.

Q. About what time of the year was this? - A. The latter part of the summer, August or September, or somewhere thereabouts.

Q. What was that lug-boat loaded with? - A. Hemp.

Q. Who were with the boat? - A. Three men; one of the men went by the name of Bob, and another by the name of Bradawl.

Q. Do you know Thompson? - A. Yes, he was one of them.

Q. About what time was it that this lug-boat was left without water enough to navigate her? - A. Seven or eight o'clock in the morning.

Q. How came you to observe this? - A. I was doing jobs for Mr. Hardy, who was concerned with these people; I was called up that morning at seven o'clock; I came down to the boat, which wanted water.

Q. Where was the hemp afterwards put? - A. Into a hovel just by, across a meadow.

Q. Was it packed or unpacked at the time you saw it? - A. Unpacked at first, and they packed it, and brought it away.

Q. What was it packed up in? - A. Something of bags; I saw it removed from the hovel next morning in a strange cart.

Q. Do you know the driver of the cart? - A. I had never seen him before that time; I have known him since.

Q. What is his name? - A. He tells me his name is Lowe; I think he is here.

Q. What time in the morning was it that it was put into his cart? - A. About six o'clock in the morning.

JOHN AVERY sworn. - Examined by Mr. Jackson. I am servant to Mr. Heslop: On the 20th of September a lug-boat came up Ranelagh-creek, loaded with hemp; there were three sailor-looking men in the boat.

Q. Do you know their names? - A. Two Bobs, and one was called Shakespeare.

Q. Was Thompson one? - A. Yes; the hemp was taken to a hovel by me and Ridley, across the meadow.

Q. Was it packed up when it was taken to the hovel? - A. Some of it was; what they could they packed in mats before it was taken to the hovel.

Q. After it was taken to the hovel, do you know what became of it? - A. It was in the hovel till the cart came and took it away.

Q. Who was present when the cart came? - A. Ridley, and the carman, and the three men.

Q. Do you happen to know the carman's name? - A. No.

Q. You saw it loaded into the cart? - A. Yes.

Q. Do you know where it went to? - A. No.

ROBERT LOWE sworn. - Examined by Mr. Knowlys. I am a catman on my own account; I was employed to fetch a load of hemp from Ranelagh, Chelsea.

Q. When was it? - A. I cannot say; Thompson and two other men, whom I do not know, came to employ me; I went to Ranelagh at near six o'clock.

Q. Where do you keep your cart? - A. My cart stands in Bermondsey-street.

Q. About what time did you get to this place in Chelsea? - A. Between six and seven o'clock; one of them went with me, a tallish man, I did not know his name, it was not Thompson.

Q. Where did you go for this hemp? - A. Past a dead wall, and into a field; the hemp was in a place covered over like a pig-sty; it was most of it in mats; they ordered me to Queenhithe; they met me just by Queenhithe; they told me, when they employed me, that it was to go in a west-country barge; they told me I must drive to Worcester-place with it.

Q. About what quantity of it was there? - A. I suppose about sixteen or seventeen hundred weight.

Q. Did you go to Worcester place, as they desired you? - A. Yes; I went down there, and drew under a gateway, and the hemp was craned up into the warehouses.

Q. How high was that warehouse? - A. I cannot be certain whether it was two stories or three stories.

Mr. Knowlys. Then I cannot go any further with this prosecution.

NOT GUILTY .

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

Reference Number: t17990508-52

315. JOHN SMITH was again indicted for receiving another quantity of hemp, knowing it to have been stolen .

(The case was opened by Mr. Knowlys.)

THOMAS LUTHER LECHMERE sworn. - Examined by Mr. Jackson. I am a lighterman.

Q. Had you any crast lying off Symons's wharf on the 8th of November last? - A. Yes, on the night of the 8th of November; one from the Thetis, captain Rutherford, belonging to Mr. Godsrey Thornton, the other from the Marquis of Lorn, captain White.

Q. Did you lose any hemp from either of them? - A. I do not know.

JOHN-FREDERICK HEMPSTEAD sworn. - Examined by Mr. Knowlys. I am clerk to Messrs. Godfrey Thornton and Company.

Q. Did the ship Thitis arrive in the river consigned to them? - A. It did, loaded with hemp and iron.

Q. Who was the lighterman employed to unload that ship? - A. Mr. Lechmere; it was dencient between two and three tons of what we expected to receive.

Q. Whereabout is the value of that kind of hemp you received in the Thetis, per hundred weight? - A. Between forty and fifty shillings by wholesale.

ROBERT THOMPSON sworn. - Examined by Mr. Jackson. Q. Had you any hemp transaction on or about Lord-Mayor's day? - A. Yes, the night before Lord Mayor's day; Thomas Brandall , Robert Allen , and myself, got some hemp out of a lighter into a lug-boat; it was landed at Kennet's wharf, the lower side of Queenhithe, and then it was carted from Kennet's wharf to Worcester-place, Mr. Smith's warehouse, I went with it, and Mr. Smith's man and boy were at the landing of it and the carting of it.

Q. Do you know the carter when you see him? - A. No; we took it from Kennet's wharf to Worcester-place, and it was hove up into the warehouse out of the cart by a crane.

Q. Who assisted to get it from the cart to the warehouse? - A. Smith's man and boy, and two men belonging to Kennet's wharf; I went up to the warehouse, and saw it weighed; there was Smith's man and boy, and me and Allen, and just as the last draft was in the scale but one, Mr. Smith came in; Mr. Smith's man put it down with chalk upon the wall, and Mr. Smith reckoned it up, two thousand six hundred weight of it.

Q. Was any thing said at that time respecting the amount of it? - A. No, not at that time.

Q. How long had Mr. Smith known you before this? - A. I cannot say; I have known him about two or three years.

Q. Was Allen up in the warehouse? - A. Allen was in the warehouse at the weighing of it.

Q. And the waterman? - A. Yes.

Q. How was he dressed? - A. In a waterman's jacket and plush breeches.

Q. Had you any conversation with Mr. Smith afterwards about the money? - A. No, only about eighteen shillings that I received for this transaction; I told Mr. Smith there was more money coming than that; I said, Mr. Smith, I have called for that trifle that is left standing behind, and Mr. Smith pulled out a half-guinea, a seven-shilling-piece, and a sixpence; Mr. Smith said, Brandall had had a bottle or two of wine, and a ham, and then I took the eighteen shillings and came away; it might be three weeks.

Q. Did you receive it at the same place? - A. No, I received it at Mount's-gate, East Smithfield.

Q. Did you know what craft it came from? - A. No, it lay off Symons's wharf.

Cross-examined by Mr. Garrow. Q. You are the same man that we had here just now, are you not? - A. Yes.

Q. You are no changeling? - A. No.

RICHARD BROWN sworn. - Examined by Mr. Knowlys. I am a porter and labouring man at the waterside.

Q. Do you know Thompson when you see him? - A. Yes, that is him, (pointing to him); last Lord-Mayor's day I saw him with some hemp in a lug-boat.

Q. What became of the hemp? - A. I packed it up and landed it at Kennet's wharf.

Q. Do you know a person of the name of Charles Ward ? - A. It was he helped me.

Q. What quantity might there be? - A. A ton and upwards, I should think.

Q. Was there any body in the lug-boat at the time you saw Thompson with it? - A. No.

Q. When you and Ward had packed it up, what was done with it? - A. We landed it at Kennet's wharf, and then it was taken to Worcester-place.

Q. How do you know it went to Worcester-place? - A. I unloaded it there.

Q. Do you know Mr. Smith? - A. Mr. Smith never employed me.

Court. Q. Who did employ you? - A. James Meares .

Mr. Knowlys. Q. Who directed you where to go to? - A. James Meares .

Q. Did you know at that time where Mr. Smith's warehouse was? - A. Yes.

Q. When you got to Worcester-place, where was it craned up? - A. To a warehouse belonging to Mr. Smith.

Q. When was it craned up, who paid you for your trouble? - A. James Meares .

Q. Did Ward go with you to the warehouse? - A. Yes; and he was paid the same as I was.

Q. Was that what you thought a fair sum for your labour? - A. Yes.

Q. Was these any body besides Thompson, you, and Meares, that went with the cart? - A. Yes; the carman.

Cross-examined by Mr. Garrow. Q. Are you brother to Thompson, you go by a different name I see? - A. No, I am not.

Q. Is your brother here? - A. No.

Q. What other name have you for some good quality, that belongs to you? - A. No, I never had any.

Q. Do you know a man called the devil's brother? - A. No.

Q. Do you never look in a glass? - A. Yes, sometimes.

Q. You were not terrified? - A. No.

Q. How long have you known Bob Blocks ? - A. I never knew him.

Q. Thompson? - A. Ever since Lord-Mayor's day.

Q. How long is it since they took you to what they call the Marine Police office? - A. I cannot say.

Q. There you said something, I suppose, and they took it down? - A. Yes.

Q. I suppose you are not much of a scholar, you cannot read a great deal of writing? - A. No.

Q. And it was very proper that those, who have more learning, should give you a lift; and therefore they read it over to you, and you put your mark to it? - A. Yes.

Q. How often did they read it to you? - A. Only once.

Q. They did not use you well, I think-when did you go before the Grand Jury? - A. Not till last Wednesday.

Q. Do you know Mr. Smith? - A. I have seen him.

CHARLES WARD sworn. - Examined by Mr. Jackson. I am a labourer at the water side; I helped to pack some hemp in mats on Lord-Mayor's day.

Q. Who employed you? - A. A man of the name of James; I do not know his other name, he is servant to Mr. Smith.

Q. Where was this hemp? - A. At the Three Cranes, in a lug boat; then we had it round to Kennet's wharf, and landed it.

Q. Did you cart it from there? - A. Yes.

Q. Who was present? - A. Mr. White and Brown, nobody else.

Q. Who was present when it was put into the cart? - A. I do not know; it was carried to Worcester place; I saw Jem there; it was put up in the warehouse.

Q. Craned up? - A. Yes.

Q. Whose warehouse is that? - A. It passes for Mr. Smith's warehouse.

Q. Who did you take there? - A. James.

Q. Did you see any body else there? - A. Yes; Thompson.

Q. Was he present at the craning of it up? - A. No; he was not at Worcester place that I saw.

Q. James paid you; how much did he pay you? - A. Half-a-crown.

Q. Do you know about the weight of it? - A. About twenty-five or twenty-six hundred weight.

JOHN LAW sworn. - Examined by Mr. Knowlys. I am a carman, servant to John Stevens .

Q. Do you recollect carrying any load from Kennet's wharf, on the Lord-Mayor's day? - A. Yes.

Q. What was your load that day? - A. Hemp.

Q. Do you know Brown and Ward? - A. Yes.

Q. Who was it desired you to attend there to take your load? - A. I cannot speak to the man; he was a stranger to me that came and called the cart.

Q. Where did you cart this load to? - A. To Worcester-place.

Q. Do you know Mr. Smith? - A. No; not to my knowledge.

Q. What became of the goods when you had driven them to Worcester-place? - A. Put them into the warehouse; it was craned up.

Q. Were you paid for your job? - A. Yes.

Q. Do you know Thompson, who was afterwards committed? - A. He was not there.

Q. Is that the man that paid you? - A. No.

Q. Have you seen the warehouse where these goods were delivered? - A. Yes; I saw it to-day.

Q. Who went with you? - A. Mr. Perry, the officer.

Q. Did you know whose warehouse it was at that time? - A. Yes.

Q. Whose warehouse did you learn that it was? - A. That it belonged to Mr. Smith.

Q. What were you paid for your job? - A. I cannot recollect.

Q. Did you see the proters paid? - A. I did not.

Q. Where abouts was your weight? - A. It was a load.

Cross-examined by Mr. Garrow. Q. You have been taken by an officer to the place to-day? - A. Yes.

Q. Perry is an officer? - A. Yes.

Q. One of the officers belonging to this Police-office? - A. Yes.

Q. Did you ever see Smith in the whole course of your life till to-day? - A. No.

Q. Did you ever see Thompson in the whole course of your life till to-day? - A. When he was at the office in confinement.

Q. When was that? - A. I cannot tell the day, it was in the hard weather, in the winter.

Q. And yet, expect at the Police-office, you never saw either Smith or Thompson? - A. No.

Q. When were you first called upon the attend before the Grand Jury? - A. I think it was last Sessions.

Q. Were you examined last Sessions? - A. No.

Q. Did Brown and Ward attend last Sessions? - A. Yes.

Q. Did you attended before the Grand Jury were discharged? - A. I cannot say.

Q. Who attended with you from the office? - A. The officer.

Q. Any body else higher in office than the officer? - A. I suppose Mr. Laing was there.

Q. Have you any doubt that Mr. Laing, who is the clerk to this Magistrate, was there? - A. Not, I am sure he was.

Q. When you were at the Police-office, I take it for granted you signed some examination? - A. I signed nothing.

Q. Did you ever hear any examinations that were taken at the office, read over to them? - A. No; except Brown, and Ward, and myself, there was nobody else there.

Q. Where was that? - A. At the office; it was Mr. Brown that had told all before I came.

Q. And you were only asked whether his account was true? - A. Yes.

Q. Was the prisoner present? - A. No, he was not.

Mr. Knowlys. Q. You went with Perry to the ware house this morning? - A. Yes.

Q. For what purpose? - A. To shew him the warehouse where the goods were.(Here Mr. Garrow addressed the Jury on behalf of the defendant.)

The defendant having called four witnesses, who had known him upwards of twenty years, and who gave him an excellent character, the Jury were of opinion it was not necessary to call any more.

NOT GUILTY .

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

Reference Number: t17990508-53

316. ELIZABETH WILLOUGHBY was indicted for unlawfully conveying into the jail of Newgate , without the consent of the keeper, three spring saws, three spike gimblets, and two chissels, with intention to deliver them to one William Harper, who was under sentence of death for personating a seaman, in order that he might feloniously make his escape out of the said jail .

Second Count. Laying the intention to be to deliver them to some prisoner within the said jail, to enable him to make his escape.(The case was opened by Mr. Knowlys.)

RICHARD FINCH sworn. - I am clerk to the City Solicitor, (produces a copy of the record of the conviction of William Harper ); I have examined it both ways, it is a correct copy; I had it from Mr. Shelton's office. (It is read.)

JOHN PITT sworn. - Examined by Mr. Knowlys. I am one of the turnkeys of Newgate, under Mr. Kirby.

Q. Do you know the prisoner? - A. She was every day in the prison, backwards and forwards, to a man that she called her husband: On the 25th of March I let her in; she had been there some little time, about half an hour, and went out to get some refreshment for the prisoners.

Q. What time of the day was it when she came out? - A. As nigh as I can recollect, about one or two o'clock, and then she went out; she returned again in about twenty minutes; I was walking backwards and forwards in the passage, and I said to her, what have you been after; I thought she might have been out for spirits, or something of that sort.

Q. Was she within side the door of the prison at that time? - A. She was next the main yard, close to the main gate; I asked her what she had got; says I, give me the bottle that you have got.

Q. Spirits are not allowed to capital convicts? - A. Nor to any other if we know it; she said she had none, and I put my hand down her side, and felt something in her pocket; then I took her into the tap-room and searched her, and in her pocket I found these things,(produces three spring saws, and four gimblets); then I said, you have got more things about you; I then felt her breast, and found something concealed down her bosom; then I sent for Mr. Kirby, and I saw these two chissels, and handles, taken from her bosom.

Q. Could these things assist a prisoner in making his escape? - A. The spring saws would cut any iron in the world, the setters, or the bars of the prison; and the chissels would break the walls for them to get out.

Q. Upon your oath, did you at all consent, or give any approbation at all, for bringing such things in? - A. No, I did not.

Q. It was perfectly without your consent or approbation? - A. Yes; when we found these things, we sent for Mrs. Sells, a woman in the place, to search her, and we withdrew.

Q. What is the use of gimblets? - A. They would make holes in the door, one after another, round, and would take any panel out of a door, with a saw; the chissels are to force away the stone.

Q. Was the William Harper , who was convicted of personating a seaman, then in Newgate? - A. He was; and she told me it was Harper that gave her the money to purchase them; she said Harper gave her a guinea.

JOHN KIRBY sworn. - Examined by Mr. Knowlys. I am keeper of his Majesty's jail of Newgate: Pitt called me into the jail, when I got into the jail he had found the saws and the gimblets, and he said there was something in her stays; we searched her, and pulled out the chissels, and the two handles; she said, she was sent out by a man with a bushy head; I knew by that she meant Harper, a man who is under sentence of death, and has a very bushy head; and she told me he had given her a paper, which she gave to me, (produces the paper, and is read); "three spring saws, four spike gimblets, two strong chissels, the saws with frames," and then there is a sketch of the saws. I can swear that it is Harper's hand-writing.

Q. Do you mean that Harper who is under sentence of death for personating a seaman? - A. Yes.

Q. Upon the oath you have taken, had she your approbation at all in doing this act? - A. Certainly not.

Q. Was she further searched by any body while you were out of the room? - A. She was further searched by Mrs. Sells.

Q. These things are proper to facilitate the escape of a prisoner? - A. Certainly they are. (Produces a keyhole saw).

Q. How many turnkeys have you? - A. Pitt and Alport, no other to these doors.

JAMES ALPORT sworn. - Examined by Mr. Knowlys. I am one of the under turnkeys to Mr. Kirby.

Q. Did you ever give this woman any licence, or approbation, for doing this business that she did? - A. No.

ANN SELLS sworn. - Examined by Mr. Knowlys. I searched the prisoner, and found nothing upon her, any further than in her pocket, the paper, and the money that was out of the change.

Q. Look at that paper, which was now read, and see if that is it? - A. It is; I delivered it to Mr. Kirby.

Q. You were directed to search her more privately than a man in decency ought to do? - A. Yes.

JOSEPH RUSSELL sworn. - Examined by Mr. Knowlys I am shopman to Mr. Knight, ironmonger, in Foster-lane.

Q. Had you any dealings with the prisoner at the bar on the 25th of March last? - A. Yes; I served her with those articles, three saws, two chissels, four gimblett, and two handles.

Q. How came you to six upon the pattern of the saw? - A. There was a model upon the paper which she produced; she said to me, I come from Saffron-hill, and presented me with that paper.

Q. Did you give her any receipt for the articles? - A. I wrote what the articles came to upon that paper, and singed it with my name; they came to nine shillings and three-pence; she smelt very strong of liquor; we had many different kinds of chissels, and I asked her what sort she wanted; she said, she did not know; I asked her what trade the person was that they were for; and she said a carpenter; she gave me a guinea, and one of my masters gave her the change.

Prisoner's defence. I came to John Tate , as I used to do every day, I used to take him his dinner; as I was coming away, Harper followed me, and asked me if I would go of an errand for him; I said I would; he told me to go to Saffron-hill, and I went there, and they told me to go to this gentleman's house for them.

GUILTY .

Confined two years in Newgate , and fined 1s.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17990508-54

317. GEORGE MORTON was indicted, for that he, not being authorized and appointed by the Bank, but being a person of wicked mind and disposition, on the first of April unlawfully did engrave, cut, etch, and scrape with mezzotinto, and cause and procure to be cut, etched, and scraped, and knowingly did assist in the cutting, etching, and scraping upon a certain plate of copper, a blank promissory note, containing the words "Bank of England," against the form of the stature.

There were several other Counts, charging him with the same offence, varying the manner of laying the charge.

To this indictment the defendant pleaded GUILTY, Judgment respited .

Reference Number: t17990508-55

318. GEORGE MORTON was again indicted for engraving a plate of copper for a two pound note .

There was no evidence offered on the part of the prosecution. NOT GUILTY .

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

Reference Number: s17990508-1

The SESSIONS being ended, the COURT proceeded to GIVE JUDGMENT as follows;

Received sentence of Death - 7.

Matthew Stinson , Richard Mills , George Mills , Susannah Harrison , John Vickers , William Hodges , John Bevan .

Transported for seven years - 6.

John Miller , John Clayton , Richard Cadman , Thomas Madde , James Fleming , Ann Pugh .

Confined two years in Newgate, and fined 1s. - 1.

Elizabeth Willoughby .

confined two years in the House of Correction, and whipped in the jail - 1.

Ann Williams .

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

Edmund Birkett .

Confined one years in the Newgate, and fined 200l. - 1.

John Honey .

Confined one year in Newgate, and fined 100l. - 2.

Mary Joice ,

Ann Ryan .

Confined one year in the House of Correction, and fined 1s. - 5.

Thomas Hayley ,

Sarah Mahagan ,

Thomas Boyle ,

Ann Hewitt , otherwise Fletcher,

James Kendrick , otherwise Smith

Confined six months in Newgate, and publickly whipped - 2.

John Smith , Edward Wilson .

Confined six months in the House of Correction and publickly whipped - 1.

Francis Payne .

Confined six months in the House of Correction, and fined 1s. - 5

Humphrey Cockran , Sarah Mann , Joseph Wild , Samuel Parsons , Sarah Madden .

Privately whipped and discharged - 1.

John Godsall .

Judgment respited - 1.

George Morton .


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