Old Bailey Proceedings, 30th October 1799.
Reference Number: 17991030
Reference Number: f17991030-1

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 30th of OCTOBER, 1799, and following Days, BEING THE EIGHTH 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's 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 FRANCIS BULLER , Bart. one of the Justices of His Majesty's Court of Common Pleas; Sir ALEXANDER THOMPSON , Knight, one of the Barons of His Majesty's Court of Exchequer; Sir JOHN WILLIAM ROSE , Knight, Serjeant at Law, Recorder of the said City; JOHN SILVESTER , Esq. Common-Serjeant at Law of the said City; and others, His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Gaol Delivery of NEWGATE, holden for the said City and County of MIDDLESEX.

London Jury.

James Fenn ,

William Pearson ,

Robert Hayward ,

John Henfree ,

Peter Cathey,

Thomas Manley ,

William Bradley ,

Robert Bisset,

William Mountain ,

Shem Batho ,

Richard Mead ,

David Henderson .

First Middlesex Jury.

Ralph Morris ,

Benjamin Walker ,

John Skirving ,

Benjamin Steinmetz ,

William Eldridge ,

John Mashiter ,

Thomas Gibbs ,

Joseph Saunders ,

John Robinson ,

Thomas Smith ,

Edward Smith ,

Lewis Le Plester .

Second Middlesex Jury.

Richard Davies ,

John Whitworth ,

Charles Ashby ,

Richard Webster

William Mason

George Preston

James Trigg ,

Peter Nairne ,

William Miller ,

Isaac Cox ,

Thomas Prior ,

Joseph Carter .

Reference Number: t17991030-1

504. JOHN CARTER was indicted for breaking and entering the dwelling-house of Charles Pead , about the hour of one in the night of the 28th of April , and burglariously stealing twelve pair of girls' black-hose, value 10s. fifteen pair of women's black hose, value 20s. twelve pair of boy's worsted hose, value 14s. twelve pair of girls' cotton hose, value 18s. twelve pair of women's cotton hose, value 2l. 17s. 6d. a leather wrapper, value 12d. a pound weight of sewing silk, value 30s. and a pound and a half of thread, value 4s. the property of the said Charles .

(The case was opened by Mr. Knowlys.)

HANNAH PEAD sworn. - Examined by Mr. Knowlys. I am the wife of Charles Pead , No. 70, Whitechapel-road ; I keep a sale-shop, and sell almost every thing, but particularly women's wearing apparel, and hosiery. On the night of Sunday, the 28th of April, our house was broke open; the shop was made fast on the Saturday night, and it was locked up all day on the Sunday; we went to bed about ten; we were alarmed about two in the morning by a violent knocking at the door, I believe, by the watchman; my husband and I both went down; I found that a shutter had been forcibly taken down and a square of glass entirely out, and the watchman's lanthorn put into the window through the broken square of glass; I then examined to see what we had lost, and found that end of the shelves next to the window, stripped; we then had the shutters secured, and went to bed again; when I came in the morning, I missed twelve pair of girls' black hose, fifteen pair of women's black worsted hose, twelve pair of boys' speckled worsted, twelve pair of girls' cotton hose, twenty pair of women's cotton hose, and one leather wrapper of sewing silk, about a pound or a pound and a half.

Cross-examined by Mr. Knapp. Q. It was between two and three months before the prisoner was apprehended? - A. Yes; it was a considerable time.

Q. Are you the person that generally fastens up your house? - A. I always see to it myself before I go to bed.

GEORGE PAULING sworn. - Examined by Mr. Knowlys. I live in Whitecross-street.

Q. Do you know Mrs. Barbara Starr ? - A. Yes.

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

Q. Do you know a person of the name of Robertson? - A. Yes; I appeared against him last Sessions: At the latter end of April, on a Monday, between seven and eight in the morning, or thereabouts, I was in Mrs. Starr's shop; Mellish and Robertson came into the shop, and asked for Mrs. Starr; she came into the shop, and they went into the back kitchen together; after staying there some considerable time, I went backwards myself; I saw in the kitchen a quantity of stockings lying upon the ground, and some sewing silk; I saw Robertson and Mellish taking numbers, or tickets, or something of that kind from off the stockings; I said what are you about here so long; they said they were selling their property, and I went into the shop; the sewing silk was a good deal entangled, and appeared to me to be wrapped up in a piece of wash-leather; they agreed with Mrs. Starr, and took the money for them; there were black and coloured stockings, and some white ones, chiefly children's stockings; while they were in the kitchen, I saw some men lurking about the outside of the door, that I did not approve of at all; I was then close to the window; I went to the door, and said, what do you stand lurking about there for; I then returned into the shop.

Q. Are you able to speak to either of their persons? - A. No; I am not.

JOHN COOKE sworn. - Examined by Mr. Knowlys. I am an officer belonging to Shadwell-office; I apprehended the prisoner on Tower-hill. On Thursday, the 27th of June, in consequence of an information from Mellish, who was then in custody, -

Cross-examined by Mr. Knapp. Q. This robbery took place in April, he was not apprehended till the 27th of June? - A. Yes, Mellish was apprehended on the 16th of June.

Mr. Knowlys. Q. Did you go to the house of Mrs. Starr? - A. Yes; Mrs. Starr produced me a pair of stockings which I have. (Produces them.)

JAMES MELLISH sworn. - Examined by Mr. Knowlys. On Sunday, the 27th of April, myself, and Carter and Robertson, agreed to go to Mrs. Pead's in Whitechapel-road, which we did between the hours of twelve and one in the night, and with an iron-crow we forced the corner window shutter, that corner next Mile-end turnpike; we took down the shutters and broke a square of glass; then Carter got half-way into the window and could get no farther; he said there was a parcel of wires before him that he could get no further; then he came out again, and Robertson, and me and Carter put our hands in as far as we could

reach, and took out several papers of stockings, and a small sample of sewing silk of various colours and some thread, which we conveyed to the house of Mrs. Starr the same morning; me and Robertson went in, and Carter stopped outside the door; Mr. Pauling was in the shop, and Mrs. Starr sitting backwards; she desired me to come to her, we had the property in a bag, and she took it backwards into the wash-house; we shook them out upon the bricks, there were children's black stockings, and children's white cotton stockings, and other colours; I asked her four guineas for them, she gave me three; me and Robertson came out, and told Carter, that we got but fifteen shillings for them; he was standing over the way, in an Alley; we gave Carter five shillings, and Robertson and I divided the rest.

Q. Were there any stockings amongst them like these? - A. There were some of them of the same sort, I cannot say that these are the same.

Q. When were you taken up? - A. In June; and then I gave information against Robertson and Carter.

Cross-examined by Mr. Knapp. Q. You got three guineas from Mrs. Starr? - A. Yes.

Q. I thought there had been some honour among thieves, but you gave Carter but five shillings? - A. Yes.

Q. How often have you been in this Court? - A. I was here twice last Sessions.

Q. Those are the only times? - A. This is the third time.

Q. That is all? - A. No.

Q. When were you here before? - A. It is so long since that I cannot recollect it.

Q. You can recollect whether you were a prisoner at the bar, or a witness? - A. To the best of my knowledge I was a prisoner then.

Q. Were you tried here then? - A. Yes.

Q. What for? - A. They told me I had stole a watch.

Q. Did the Jury believe it? - A. Yes; it seemed so.

Q. You were convicted, were not you? - A. Yes.

Q. And imprisoned for it? - A. Yes.

Q. How long? - A. I believe it was two years.

Q. Were not you whipped too? - A. Yes, I believe so.

Q. Is that the only time you have been in Newgate? - A. That was the only time.

Q. I dare say, the moment this robbery was committed your conscience smote you, and you gave information? - A. No, I did not.

Q. You know, perhaps, that by giving evidence to-day, you save yourself from being tried? - A. Yes.

Q. You never had a country jaunt - you were never tried at any Assizes? - A. No.

Mrs. Pead. There were three pair of stockings that I lost, exactly corresponding with these in size, and in the clocks, but there are no marks upon them.

The prisoner left his defence to his Counsel, and called Mary Munden , who had known him from his infancy, and gave him a good character.

NOT GUILTY .

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

Reference Number: t17991030-2

505. EDWARD BENTHAM was indicted for feloniously stealing, on the 20th of July , two men's hats, value 14s. the property of Ephraim Lindo , and Benjamin Lindo .

Second Count. Laying them to be the property of George Smith , Thomas Hutchon , and Thomas Anderson .

Third Count. Laying them to be the property of Thomas Anderson .

Fourth Count. Laying them to be the property of certain persons to the Jurors unknown.

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

JAMES BASSEVI sworn. - I am clerk to Ephraim and Benjamin Lindo , West-India merchants : We had a quantity of hats from Messrs, Borrodaile.

JOHN WOODWARD sworn. - Examined by Mr. Vaillant. I am warehouseman to Messrs. Borrodaile, hat-manufacturers, in Fenchurch-street: A quantity of hats were ordered by Messrs. Lindo, there were forty or fifty dozen; I saw them packed.

THOMAS SMITH sworn. - Examined by Mr. Knowlys. I am servant to Messrs. Borrodaile: There were a quantity of hats ordered by Messrs. Lindo; they were contained, I think, in five cases, marked L; Mr. Bailey, the carman, took them from our house, some time in June last.

- BAILEY sworn. - Examined by Mr. Knowlys. On the 10th of June, I had four carts loaded at Messrs. Borrodaile's, two of them went to Galley Quay.

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

JOHN-ALEXANDER MACKENZIE sworn. - I am a lighterman. (Produces a book).

Mr. Alley. Q. Is the entry you are going to read of your own making? - A. No, it is my partner's.

JAMES BLACKITER sworn. - Examined by Mr. Vaillant. I am clerk to Mr. Thomas Hutchon.

Q. Who are owners of the Kerie ? - A. George Smith , and captain Thomas Anderson ; Mr. Anderson is captain and part owner, and Mr. Hutchon is the managing owner; I take an account of all the property that comes on board that ship.

Q. Were there any cases marked L on board? - A. Yes, I have the captain's receipt, (Produces it): I know his hand-writing, there were eight cases,

three of them marked L, they were shipped on account of Messrs. Lindo; the prisoner, I believe, was mate on board the vessel, but I never saw him on board.

RICHARD PRRRY sworn. - Examined by Mr. Knowlys. I am one of the officers of the Marine-police: I apprehended the prisoner on Thursday the 18th of July, I went to his lodgings in Chapman-street, St. George's in the East, the prisoner was sitting at breakfast; I told the prisoner I had a warrant against him, on suspicion of robbing the brig Kerie ; he told me he did not know any thing about it, and he went very readily with me; I took this hat off his head in the office, and he told me it came from the brig Kerie, he told me he was mate of her; he said, he got it by breaking open some packages; he said, the Custom-house-officer, Charles Shropshire, and he broke open several packages with hats, and took some out; the one that I had from him was one of them, and Shropshire had another that he wore at that time. On Friday the 19th, I went on board a ship at Princes-stairs Tier, to apprehend Shropshire.

Q. The examination was taken in writing? - A. Yes.

Q. Did you see the Magistrate sign it? - A. Yes.

Q. Did you see the prisoner sign it? - A. Yes.

Q. Look at that paper? - A. This is the examination, I saw them both sign it.

Mr. Alley. Q. Did you not say this to him: - that if he would give evidence against Shropshire, it would save himself? - A. I did not.

Q. Do you mean to say you saw him sign that paper? - A. Yes; and he signed another or two besides.

Q. Did you ever read any of them? - A. No.

Q. And yet you mean to swear you saw him sign it? - A. Yes; I was along-side of him.

THOMAS ROGERS sworn. - Examined by Mr. Knowlys. I was in the office at the time the prisoner was examined; I have very often seen Mr. Herriot write, I saw him sign the examination, and I saw the prisoner sign it.

Mr. Alley. Q. The prisoner signed two or three papers, will you undertake to swear that you saw him sign that identical paper? - A. I cannot.

- SHROPSHIRE sworn. - Examined by Mr. Vaillant. I am a Custom-house-officer; I was on board the ship Kerie: On the 30th of June last, the prisoner came on board, about an hour after me, he was mate on board, she was lying at Princes-stairs, Rotherhithe, and was taking in her lading; about the 14th or 15th of July, he said, if he had had some on board the ship that he had had before on board of other ships, he said, you might put a hundred pounds a-piece in your pocket; I told him I did not wish to be seen in any thing of the kind.

Court. Q. What kind? - A. Plundering.

Q. Did he express what he meant at all? - A. No; I told Mr. Fraser of it.

Mr. Vaillant. Q. How came you by the hat that was taken from you by Perry? - A. Bentham gave it me down the stairs; it was about five days after the conversation: I was in the steerage, and he came out of the cabin, and asked me for my old hat, I gave him a hat with an oil-skin on it, and in about fourteen or fifteen minutes, he returned me the hat that was taken from me by Mr. Perry, with the oil-skin upon it; and said, here is the hat I promised you; he had promised me a hat: while I was hoisting some trunks forward, my old hat fell off, and he said never mind your hat, I will give you a better one than that: that was the same day that we had had the conversation.

Cross-examined by Mr. Alley. Q. Have you been in custody since the hat was taken from you? - A. No; I was taken in custody with the hat on my head.

Q. Have you been at large since? - A. Yes.

Q. You were taken, upon the information of the man at the bar, for stealing the hat yourself? A. Yes.

Q. You turned evidence before the Magistrate? - A. No, I did not; I did not know where the property came from.

Q. It was a new hat, was it not? - A. No, it was greased in the fore part and in the hind part.

Q. How many hats do custom-house officers bring on board in general; not two, I suppose? - A. Sometimes one, and sometimes two.

Q. Are you now a custom-house officer? - A. No, I am suspended till this trial is over.

Q. And if you swear yourself innocent, and convict the man at the bar, you will be restored? - A. Yes; I am as innocent as the child that is unborn.

Q. (To Smith.) These hats have the general manufacturing mark of Mr. Borrodaile? - A. Yes, two L's; they are plated hats.

Q. Are these the kind of hats that are sent to the West India market? - A. Yes; we send all sorts.

Mr. Alley. Q. All the hats that you make have the same mark? - A. Yes.

Q. What are they worth? - A. About nineteen shillings.

Prisoner's defence. Shropshire was the man who gave the hat to me; he was also employed as a lumper on board the ship. I was absent from the ship several days, and during that time there was no officer on board; the captain was always on shore: and what might be done in my absence I cannot say. Shropshire gave me this hat in

consequence of my signing his weekly note for payment of his wages.

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

NOT GUILTY .

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

(The prisoner was again indicted, but no evidence was offered on the part of the prosecution.)

Reference Number: t17991030-3

506. JOHN FRANKS was indicted for feloniously stealing, on the 11th of September , three carriage plate-glasses, value 2l. 5s. and three glass frames, value 5s. the property of William Wheatley .

There being no evidence to prove the property in the possession of the prisoner, he was ACQUITTED .

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

Reference Number: t17991030-4

507. CHRISTIE STARLING, otherwise LOWE , was indicted for feloniously stealing, on the 21st of October , a watch, value 2l. 10s. a watch-key, value 1s. and a quarter of a yard of ribbon, value 1d. the property of William Smith , privily from his person .

WILLIAM SMITH sworn. - I am a serjeant in the guards ; I was at the Wheatsheaf public house, in Tothill-street , on Monday, the 21st instant, about ten o'clock at night, in company with the prisoner and some more women.

Q. Were you in private with the prisoner? - A. Not in that house, I was afterwards. I went out to go home, and she went with me a little way, and then left me; in about ten minutes afterwards I missed my watch; I did not know positively where the place was that night; the next morning I went to her lodgings, I told her I had lost my watch, and I told her if she did not confess it, I would take her up; and then I went and got a constable, and took her to Queen-square; the watch was produced the next morning by the pawnbroker.

Q. Were you sober? - A. I had been drinking; but I was not so drunk but I knew what passed.

HENRY MARSDEN sworn. - I am an officer belonging to Queen-square; on the 22d, the prosecutor came to me, in consequence of which I apprehended the prisoner at the Three Elms, in Great Queen-street, Westminster. I searched her; I went with her to her lodgings, and found a duplicate of a watch, pledged at Mr. Wright's in the Almonry.

THOMAS FISHER sworn. - I am servant to Mr. Wright, a pawnbroker; (produces a watch); I took in this watch of Jane Speed , on the 22d of October, about ten in the morning, for a guinea and a half.

JANE SPEED sworn. - The prisoner came into my apartments, between nine and ten o'clock, last Tuesday was a week, in the morning; she produced a watch, and asked me to get a little money upon it; I asked her whose it was, and she told me it belonged to a friend that wanted a little money. I went to Mr. Wright's, where I always go with any thing of my own, I got a guinea and a half.

Q. How came you to pawn it in your own name? - A. I did not know it was any thing amiss, and I gave her the money.

Prosecutor. I know this watch to be mine, by the number and maker's name; I had broke the the chain inside, the watch-chain, by winding it up.

Q. Was it impossible that the watch could fall out of your pocket? - A. Yes; I had a deep fobpocket.

Prisoner's defence. The prosecutor was as drunk as a beast could be; and he gave me the watch to pawn, and said he would be back in an hour, and sleep with me all night, as he and I have known one another some time.

The prisoner called two witnesses, who had known her from her infancy, and gave her a very good character.

GUILTY (Aged 25.)

Of stealing, but not privately .

Transported for seven years .

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

Reference Number: t17991030-5

508. WILLIAM STARKEY, otherwise JOSEPH SIMMONS , was indicted for feloniously stealing, on the 11th of September , a trunk, value 4s. five shirts, value 5l. five pair of stockings, value 1l. a pair of breeches, value 15s. two waistcoats, value 30s. five neck-handkerchiefs, value 10s. four handkerchiefs, value 10s. a wooden box, value 1s. a hat, value 1l. a cloak, value 2l. 12s. a wooden case, value 6d. and forty yards of leather, value 1l. the property of Thomas Andrews .

THOMAS ANDREWS sworn. - On Wednesday, the 11th of September, about ten minutes before eight in the evening, I had taken a place to go down in the Bristol mail; I called a coach at the London coffee-house, into which I put my luggage; when we got to Milk-street, opposite the Swan with Two Necks, in Lad-lane , the coach stopped, and the door was opened, I cannot say whether it was by the prisoner or not; the door was opened and this man appeared at the door of the coach without a hat; he asked me for my luggage, which I very readily handed out to him, conceiving him to be a porter belonging to the inn; he asked me what mail I was going by, and I told him to carry

it to the Bristol mail; he took the luggage, and turned round the corner, as I supposed to go to the coach-office; I stopped, intending to pay the coachman; but upon recollection, I did not like to lose sight of my luggage, I desired the gentleman who was with me in the coach to pay the fare for me; I immediately went round the corner of Milk-street, I saw the prisoner with my luggage, considerably from the office-door, leading to Wood-street; I went after him, I seized him by the collar, and brought him to the coach-office. I then delivered him into the hands of the constable; I did not deliver the trunk to the constable, I ok it down with me directly to Bristol. The articles mentioned in the indictment were contained in the trunk and box. I did not see the boxes packed, but found those articles in the boxes which were taken from the prisoner.

Q. How far might he have got beyond the coach-office? - A. I suppose thirty feet from the door, and ten feet beyond the long window; he was between a run and a walk.

DAVID PARRY sworn. - I am clerk to Mr. Wilson, at the Swan with Two Necks.

Q. Was the prisoner a porter of your's? - A. No.

Q. Did you ever give him authority to take parcels for your house? - A. Never, he was quite a stranger to me. On the 11th of September, Mr. Andrews brought the prisoner into our office, with the luggage in his hand. We having frequently lost property in that way, I sent for the constable and gave charge of him.

DANIEL CARTWRIGHT sworn. - I took charge of the prisoner, for stealing Mr. Andrews's luggage. When I came into the office, he said if he had done any thing wrong, he begged the gentleman's pardon. I took him to the Compter.

Prisoner's defence. I was standing talking with my sister, in Milk-street; Mr. Andrews came down in a coach, the door opened, and he asked me to carry the boxes for him, which I did till I got to the door of the Swan with Two Necks in Lad-lane, and then he charged me with wanting to embezzle his property: the clerk of the office swore, before my Lord-Mayor, that I was one of their porters, and had been in the office ten days.

Parry. I had been informed by some people that he had formerly been in our service as horse-keeper ; but he had never any thing to do in the office: we have four porters on purpose for that business solely. GUILTY (Aged 28.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17991030-6

509. WILLIAM KEMPSTONE was indicted for feloniously stealing, on the 17th of July , a pair of linen sheets, value 10s. and a cotton counterpane, value 10s. the property of George Barrow , in a lodging-room let by contract by him to the said William .

GRACE BARROW sworn. - I live in Duke-street, Manchester-square ; the prisoner took a lodging at my house on the 16th of last July, the property in the indictment was a part of the furniture of the room; I shewed him where to hang the key of his room-door; I slept in the little back-parlour; and I heard him go out the next morning about five o'clock; I got up between seven and eight, and went to look for the key, and there was no key there; I went up stairs, and missed the sheets and counterpane, I never saw any thing of them afterwards.

Prisoner's defence. I left the cloaths on the bed, just as I found them.

Q. (To Mrs. Barrow.) Did you ever find your key? - A. Yes; it was in the door.

GUILTY (Aged 42.)

Transported for seven years .

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

Reference Number: t17991030-7

510. JEREMIAH CONNELL , HONORA CONNELL , and MARY WAGHORNE , were indicted, for that they, on the 22d of October , eight pieces of false and counterseit missed money, made to the likeness of a good sixpence, and three pieces of false and counterfeit missed money. made to the likeness of a good shilling, did put off to one Bridget, the wife of Thomas Lewis, at a lower rate and value than the same, by their denomination, did import, that is to say, for 2s. 6d . (The indictment was stated by Mr. Knapp, and the case by Mr. Knowlys.)

BRIDGET LEWIS sworn. - Examined by Mr. Knapp. On Tuesday, eight days ago yesterday, I went to the house of the prisoners, in a little court in Oxford-road ; I had received instructions from the officers before I went in the morning; I bought three shillings for one, and eight sixpences; between one and two o'clock in the day I went a second time; the Magistrate desired me to say that I had passed four out of that eight, and they said do not pass so much to one, or else you will be taken up, as the woman was the other day. O, I said, I will take care of that. Then the master, Jeremiah Connell , said to Waghorne, Molly, have you got any of them; No, says Molly, they are all gone. Molly had served me in the morning. Then Connell went up stairs and brought down a paper full of bad sixpences and shillings: Mrs. Connell said. you have not had time to colour them since; the devil colour you, says I; she said no more, but took them in her apron and served me with nind sixpences and three shillings for half a

crown. The Magistrate gave me the half crown; I had no other money but one bad halfpenny; the Magistrate searched me before I went out. I received them from Mrs. Connell; Mr. Connell and Mary Waghorne were by at the time. I kept them in my hand in a bit of paper, till I gave them to the officer, Mr. Hamilton, which I did the moment I got out of the house.

Cross-examined by Mr. Alley. Q. This is a bad trade you have got into? - A. I don't think it is a bad trade to inform against all rogues.

Q. How many stories of this kind have you hatched before? - A. I never hatched any before, and I am very glad I have informed against them; and I will inform against any body that I can find out coining money.

Q. What is become of your husband; he was transported, was he not? - A. He has served his king and country, and is now in Greenwich Hospital, where every vagabond cannot go.

Q. What business do you follow? - A. I sell apples in the summer, and go to the wash-tub in the winter; I had better be any thing than a smasher.

Q. That is a strange term? - A. I dare say you are very well acquainted with it; I have heard them call one another that every day these seven years.

Q. How long is it since you were taken up to Marlborough-street? - A. Never in my life.

Q. Upon your oath, were you never taken up for a smasher yourself? - A. I give my oath I never was. When I went down to the prisoner's house there was Molly outside the door selling apples.

Q. What are you to get for going to buy this money? - A. Nothing.

Q. And so you leave your business to go about and buy bad money? - A. Yes, and I would leave my business a month to find out such another set.

Q. The Magistrates had so good and opinion of you, that they would not trust you with the half crown, without the officer going with you? - A. Yes, and a good thing too.

Q. When you came to the house where these people lodged, you discovered a man, his wife , and servant ? - A. Yes.

Q. It was the man that made the bargain with you? - A. No; he went up stairs and fetched the money, but the mistress served me.

Q. You made a good bargain, did not you, seven shillings and sixpence for half a crown? - A. Yes.

Q. Upon your oath, do you mean to say that either of these prisoners served you with a farthing's worth of bad money? - A. Yes, I do.

Q. The Magistrate desired you to tell them a lie? - A. Yes.

Q. And you did tell the lie? - A. Yes.

SAMUEL HAMILTON sworn. - Examined by Mr. Knowlys. I am one of the police-officers of Marlborough-street; I desired Bridget Lewis to go to the prisoner's house; I furnished her with a half crown piece; she had given me some information respecting them; I searched her, and she had no other money about her.

Q. Should you know that half crown piece again? - A. Yes, perfectly; I have it.

Q. How soon after did she return to you? - A. From ten to fifteen minutes; I was in waiting near the house of these people.

Q. In consequence of her information, did you go to the house where these persons were? - A. I did; the house is in Flying-horse-court, Oxford-street; Warren was with me; the three prisoners were all at dinner in a back room; she moment I got in, I seized the prisoner Waghorne, I began to search her, I found in her pockets bad money in this bag, (producing it;) there is one paper with five sixpences and two shillings, all bad; here is another paper with four shillings and seven sixpences, all bad; here is, in the same bag, a box containing some blacking.

Q. What is the use to which that blacking is applied in coining? - A. It is generally used upon bad money before it is attempted to be passed into circulation. I then searched the man, and in his sob I found this paper, containing five sixpences and one shilling, all bad. I then searched Mrs. Connell, and found, in a pocket in which was good money, the half crown that I had before given to Lewis, and one bad sixpence.

Q. Are you sure that the half crown you found upon Mrs. Connell is the same that you furnished Lewis with? - A. Perfectly sure. I heard something which I desired Warren to take notice of; he will inform you about that. When I met Mrs. Lewis she produced to me this money in this paper, nine sixpences and three shillings.

Q. Do these nine all represent the coinage of this country? - A. No; one of them appears to represent the French coinage.

Q. Is that money good or bad? - A. It appears to me to be all bad.

Cross-examined by Mr. Alley. Q. You did not chuse to trust this honest Mrs. Lewis, without searching her? - A. No; I have understood it is the usual mode, and I did it by the direction of the Magistrate.

Q. That blacking you found upon one of the women? - A. Yes.

Q. There is nothing uncommon in that? - A. I think there is; I know of my own knowledge that it is used in coining and colouring.

JOHN WARREN sworn. - Examined by Mr. Knowys. I am one of the officers belonging to

Marlborough-street; I was with Mr. Hamilton, when Lewis returned, she gave me the bad money; I then went with Mr. Hamilton to the house; as soon as we entered the house, I heard the chink of some money; I went to the fire-side and picked up three bad sixpence's; afterwards we searched them, took their pockets away from them, and tied their hands together; Mrs. Connell was sitting by the fire side with her hand tied; I perceived her left hand in her pocket-hole, and she threw some bad shillings and sixpences upon the fire which I took up, and had them in my possession, (produces sixty bad sixpences, and several bad shillings); we took them to the office, and they were committed.

Mr. Alley. Q. This bad money does not seem much burnt, that you say was thrown upon the fire? - A. Some of them sell through under the grate.

The prisoners left their defence to their counsel.

Jeremiah Connel , GUILTY . (Aged 50.)

Confined one year in Newgate , and fined 1s.

Honora Connell, NOT GUILTY .

Waghorn, NOT GUILTY.

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

Reference Number: t17991030-8

511. CATHERINE SMITH was indicted for feloniously stealing, on the 29th of June , a cloth coat, value 4s. the property of John Jones .

JOHN JONES sworn. - I live in Cross-lane, High Holborn : On the 29th of June, my wife went out to market, about two o'clock in the morning; I got up about four, and missed my coat; I found it again, the prisoner had offered it for sale in Great St. Andrew's-street, and one Margaret Sashwell was with her; she was stopped, she was taken before a Magistrate, and the coat was delivered to William Waters ; I know the coat by having worn it three months; the prisoner said she found it.

WILLIAM WATERS sworn. - I was coming down the Coal-yard; I met the prisoner and Margaret Sashwell, she delivered me the prisoner and he coat. (The coat was produced and deposed to by the prosecutor.)

Prisoner's defence. I picked up the coat on the stairs, in the house where I lived, in Goldsmith's-alley, about five o'clock in the morning; I had just before seen a man come into the passage and run away.

GUILTY . (Aged 40.)

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

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

Reference Number: t17991030-9

512. ELIZABETH, otherwise ELIZA SMITH , was indicted for feloniously stealing, on the 16th of September , five pair of stockings, value 1l. 2s. 6d. two muslin caps, value 5s. 6d. two handkerchiefs, value 15s. and four linen shifts, value 39s. the property of James Finch .

(The case was opened Mr. Watson.)

MARY FINCH sworn. - Examined by Mr. Watson. I am the wife of James Finch ; the prisoner at the bar lived with me as shop-woman ; I missed a piece of muslin, in consequence of which I went up stairs, in company with Miss Joyce, into the prisoner's room; where I found in a box, belonging to the prisoner, two muslin caps and a piece of muslin which I missed, that was on the Sunday; on the Monday, Mr. Finch advised me to look through the wrappers that contained muslins, which I did, and I missed a square of fine lawn; I then told the prisoner I wanted to see her box; I was so much agitated on the Sunday, with finding these things, that I did not think to look into her other boxes; Miss Joyce, and Mrs. Lewis, were present when she opened her boxes, and I found five pair of stockings and some cambric pocket-handkerchiefs.

Q. Did she say any thing at that time? - A. She denied the shifts and the pocket-handkerchiefs; the shifts, she said she had made before she came to live with us; the pocket-handkerchiefs, she said she had had sometime, but afterwards confessed that they were our property.

Q. Before she confessed, had you held out any promise or threats? - A. No; I had pointed out the marks.

Mr. Knowlys. Q. Your shop is a ready made linen shop? - A. Yes.

Q. And these were articles of that kind? - A. Yes.

Q. Do you, according to the ancient custom of the city of London, carry on trade solely in your own name? - A. Mr. Finch and me jointly; Mr. Finch is made as much debtor for the goods we buy as I am.

Q. What business does Mr. Finch carry on? - A. Mr. Finch has a situation under the Lord Chancellor.

Q. You carried on that business before Mr. Finch married you? - A. No; I did not.

Q. Are you not a separate trader, the bills are made to you, are they not? - A. They are as often made out in his name as mine, be is the responsible person.

Q. Mr. Watson. Q. Are you free of the City your self? - A. No; Mr. Finch 1s.

CAMILLA JOYCE sworn. - Examined by Mr. Watson. I am shop-woman to Mrs. Finch; the prisoner was shop-woman there to: On Monday, the 16th of September, Miss Joyce and I went up stairs with the prisoner, and she herself opened her

boxes and found some stockings, pocket-handkerchiefs and shifts, belonging to Mrs. Finch; she denied the shifts being their property at first, till I told her I knew the work, and then she confessed it, and a constable was sent for; the stockings had the shop mark upon them.(Thomas walker, the constable, produced the property, which was deposed to by Mrs. Finch.)

Mr. Knowlys. (To Mrs. Finch.)Q. Did you not say to her, you know you have taken them, you had better confess it? - A. No; nothing of the kind.

The prisoner left her defence to her counsel, and called seven very respectable witnesses, who gave her a good character.

GUILTY (Aged 33.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17991030-10

513. JOHN SPALDING was indicted for feloniously stealing, on the 21st of October , five glass bottles, value 1s. 3d. three quarts of wine, value 8s. and half a pint of rum, value 9d. the property of John Ewart , and George Bell .

Second Count. Laying them to be the property of certain persons to the Jurors unknown.

(The case was opened by Mr. Watson.)

JOHN EWART sworn. - Examined by Mr. Watson. I am a wine and brandy merchant , in Black Raven-court, Seething-lane , in Partnership with George Bell : On the 21st of October in the morning, about a quarter before eight, I came in a hackney coach from the Swan-with-two-Necks, Lad-lane, the coach stopped at the end of Black Raven-court; before the coachman had got off his box, I saw the prisoner come out of our vaults, apparently loaded; I let him pass the coach door; I immediately jumped out at the coach door, and called out to him, stop; I then went up; to him, laid hold of him by the collar, and said he had got our property upon him; he said he had not, and begged for God's sake that I would let him go; I said I would not let him go, and that they supposed they had me very safe, for they did not expect me coming form the country that morning; I then carried him into the kitchen and sent for a constable; before the constable came, he said he had got three bottles of wine, but he had brought them from a man of the name of Grant, No. 64, East Smithfield; I asked him what he was going to do with it; he said it was for his own drinking, and he had been upon the sick lift, and the doctor and prescribed it for him; I then felt his breast, and said to him you have got something else besides wine? he said he had got a sample of rum, he was going to take to a customer of his masters; I told the constable the man had robbed me, and desired him to do his duty; he searched the prisoner, and found upon him one bottle in the right hand pocket, one in his side coat pocket, and another in the left hand coat pocket, and another in his small clothes; and a phial containing about half a pint of rum, that he said he had from a Mr. Butler.

Cross-examined by Mr. Alley. Q. From the situation in which you were, it was impossible you should see him come out of the vaults? - A. I could not do otherwise, for the vault door faced the gate-way where the coach stood; the whole of the vault under Black Raven-cour belonged to us.

ALEXANDER GRANT sworn. - Examined by Mr. Watson. I live at No. 64, East Smithfield.

Q. Did the prisoner purchase any wine of you, on the 2d of October? - A. No; I never sold him any.

Q. Do you deal in wine? - A. No; I deal in brushes and in ironmongery.

Cross-examined by Mr. Alley. Q. Is there any other person that lives in your house of the name of Grant besides yourself? - A. There is.

Q. That Mr. Grant is a dealer in wine, I believe? - A. I do not know whether he is or not.

Q. Do you recollect seeing him at your house, on the day that has been mentioned? - A. Yes; I do very well; and Mr. Grant, and he went backwards together.

Mr. Watson. Q. Have you any vaults at No. 64, East Smithfield, where wine is sold? - A. No.

WIALLIAM COLLINS sworn. - Examined by Mr. Watson. I am cellarman and cooper to Mrs. Butler.

Q. Did you ever let the prisoner have any rum at any time? - A. No, never; he used to come backwards and forwards about a twelvemonth ago.

Mr. Alley. Q. Do you mean to say that no rum was delivered to him in your absence by Mr. Butler, or any body else? - A. I cannot speak to that.

SAMUEL WRIGHT sworn. - Examined by Mr. Watson. I am a constable: I went to the prosecutor's house on the 21st; I searched the prisoner, and found four bottles of wine, and a phial of rum, the phial of rum was tucked in his bosom; he had a bottle of wine in his inside coat-pocket, and one in his right-hand side, one on his left, and another in his breeches. (Produces them).

Q. (To Ewart.) Can you say any thing to that property? - A. I certainly cannot swear to the property, but I have every reason to believe it is my property.

The prisoner left his defence to his Counsel, and called three witnesses who gave him a good character.

Jury. (To Ewart.)Q. Were any of your people in the cellar at the time? - A. No, they were not;

my cellarman was the prisoner's brother, but he was not there.

GUILTY (Aged 36.)

Confined one month in Newgate , and fined 1s.

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

Reference Number: t17991030-11

514. ROBERT BISHOP and WILLIAM GILBERT were indicted for feloniously stealing, on the 12th of October , two iron coach axle-trees, value 30s. the property of Thomas Williams , and James Bushnell .

THOMAS WILLIAMS sworn. - I am a coachmaker , No. 254, Oxford-street , in partnership with James Bushnell : On the 12th of October. between one and two o'clock, I lost two iron coach axle-trees from the back part of our premises; I took the prisoners, each of them with one on his shoulder, at less than a quarter of a mile distance, in a direction from our premises, the back way; I knew them to be our's, they are very singular axle-trees, they were made in Paris.

Q. Can you speak positively to the axle-trees being your's? - A. Yes, there are none such made in this country; they are without shoulders.

THOMAS LAMB sworn. - I am a coachman: On Saturday the 12th of this month, I came from dinner about a quarter before two o'clock, I looked out at the back window, and saw the two prisoners with two axle-trees upon their shoulders, making and inclination to run, they were then within five or six yards of the premises, they went towards South Audley-street; I immediately gave information to Mr. Williams, I went after them with Mr. Williams, and was present when he took them, they had the property upon them; they were very singular axle-trees, they had no shoulders to them.

Bishop's defence. I am a sawyer ; a man employed me to carry one of them to Mr. Burridge's livery stables, in Whitcomb-street; and presently he met this young man, and employed him to carry the other; he was to give us half-a-crown.

Gilbert's defence. As I was coming down Oxford-road, a man employed me to carry it.

Bishop, GUILTY . (Aged 33.)

Gilbert, GUILTY. (Aged 19.)

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

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

Reference Number: t17991030-12

515. WILLIAM CATHERY was indicted for feloniously stealing, on the 27th of September , five sheets, value 1l. three gowns, value 10s. 6d. and a towel, value 6d. the property of Richard Wilford .

RICHARD WILFORD sworn. - I can only prove the property.

- GRUBB sworn. - I live in Dean's-yard, Westminster, just by Mr. Wilford's house, he lives in Tothill-street, Westminster : I saw the prisoner come out with a bundle of linen under his arm; he had got a few paces from the door when Mr. Wilford came out, apparently in great agitation, and expressed the word, thief, the prisoner then threw down the bundle, and ran away; I immediately gave the alarm, stop thief, and pursued him; I never lost sight of him till he was stopped turning round the corner of Dean's-yard, about a hundred yards from Mr. Wilford's house; he was taken back, and a constable sent for; the bundle was picked up by somebody and brought to Mr. Wilford's house, I do not know by whom, it seemed to he something white.

Cross-examined by Mr. Knapp. Q. It was not done up in a bundle, was it, they were only put together? - A. Yes.

Q. And you say they had the appearance of something white? - A. Yes.

Q. Then it might be pieces of Irish, or any thing else that was white, for ought you know? - A. Yes.

Q. You would not have known it was sheets if you had not seen them afterwards? - A. No.

Q. There were a great many people passing? - A. Yes.

Q. You had never seen the prisoner before? - A. No.

WILLIAM CARTWRIGHT sworn. - On the 27th of September, I was coming out of a house opposite Mr. Wilford's, I saw the prisoner at the bar at Mr. Wilford's door, with a bundle under his arm.

Q. Tied up? - A. No, loose; there was an alarm given, and he directly threw it down upon the steps, and ran off; Mrs. Wilford began to pick up the linen off the steps; I, judging that he must be a thief, went across the way after him, it was a soldier that stopped him, I am sure the prisoner is the same man; we took him to Mrs. Wilford's, and he begged forgiveness; he said, ma'am, as you have lost nothing I hope you will let me go; the property was then in the room where it had been lost from, it consisted of sheets, and gowns; they were tied up in a round towel, and carried to the Police-office; Mr. Wilford's young man had the care of them, his name is William Story .

Cross-examined by Mr. Knapp. Q. Before the prisoner said any thing, what had Mrs. Wilford said to induce him to do so? - A. Nothing; the poor woman was so affected she could hardly speak, and has been so ever since.

JAMES WEST sworn. - I am a baker: I was returning, on the 27th of September, about a quarter after twelve o'clock, through Dean's-yard; I heard a cry behind me of stop thief, and I saw

prisoner at the bar running; I made a stop, and he said to me, for God's sake do not stop me, let me go; then another man came up and collared him; some time after that, I saw a great number of people round Mr. Wilford's door, and I went in, and saw some sheets, and gowns, and a towel, lying upon the ground.

WILLIAM STORY sworn. - I am an apprentice to Mr. Wilford; I was in the shop and heard the cry of stop thief from several persons; I then came to the front door and saw the prisoner in custody; I helped to carry and prisoner to the Police-office; I saw the sheets and gowns upon the chair; Mrs. Wilford told the prisoner he had taken them from the basket; he did not deny having taken them, and asked forgiveness; the clothes were delivered to Mrs.Wilford; she is not here, she is very ill.

Mr. Wilford. The servant girl is here that has had the care of them.

ANN GALLOWAY sworn. - I am servant to Mrs. Wilford; my mistress was in the kitchen with me, my fellow servant was gone out of an errand, and left the door ajar; my mistress heard somebody over head, and went up stairs; when she got up stairs, I heard her say, what do you want, sir, very loud; she ran to the door, I ran after her, and was just time enough to see him throw the things down; there were five sheets, three gowns, and a round towel; the prisoner was brought back in five minutes; my mistress told him he had taken these things; she said she was very sure it was him, by his coat and stature; he said, yes, but as she had not lost any thing, he hoped she would forgive him; he begged very hard several to be let go; the articles were carried to the back into my mistress's room, and there they have been ever since. (Story produces the property).

Galloway. I am certain these are all my mistress's property.

Wilford. Here is one gown that I can speak to positively.

The prisoner left his defence to his counsel, and called one witness, who gave him a good character.

GUILTY (Aged 18.)

Transported for seven years .

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

Reference Number: t17991030-13

516. JOHN STANTON and JOHN TYLER were indicted for feloniously stealing, on the 12th of October , twelve pounds of beef, value 6s. the property of Robert Sowerby .

ROBERT SOWERBY sworn. - I am a butcher ; on Sunday the 12th of October, I lost a rump of bees, between twelve and one in the night, from the outside of the stall in the market; I saw it again on the Monday, at Mr. Tyler's house.

Q. Did you know it again? - A. Yes; I cut up the bullock myself, and there was the mark where I cut a gentleman a rump-steak off on the Saturday evening; and in cleaving the bullock down, the bone was left in the other rump of beef-I never saw the prisoners before.

Cross-examined by Mr. Alley. Q. Had you weighed the rump of bees? - A. No.

Q. Can you be serious in swearing to this rump of bees? - A. Yes.

Q. Do you know the nature of an oath, and the solemn obligation it puts you under? - A. Yes.

Q. And yet you persist in swearing to this rump of bees? - A. Yes.

JAMES TYLER sworn. - A. I am a lamp-contractor, No.3, White's-yard, Great Saffron-hill: on Sunday, the 13th, between two and three in the morning, I was in bed, I heard somebody come in and go up stairs; I immediately got up and went to my son's room-door, he immediately got up, he said, father, I have got nobody here; says, I, open the door, John, which he did; I went in and found Stanton in bed, I told him to get up, I called the watchman and gave charge of them both; the prisoner Tyler is my own son. The watchman and I took them both to the watch-house. I then came home, went up stairs, and in the cupboard I found this rump of bees.

EDWARD CARTER sworn. - I am a watchman upon Saffron-hill; Mr. Tyler sent for me and gave me charge of the prisoners, on Sunday morning, the 13th of October.

Stanton's defence. On the Saturday night I left my work, and fell in company with this lad, who stopped late, and he told me I might go home and sleep with him; his father came to the room, and made me get up, and I was taken to the watch-house.

Tyler's defence. I went to get a pint of porter, and met with this young man; we stopped rather late; I took him home with me; I thought my father would not be angry, but he was very angry; other people had the use of the room in the daytime. I know nothing of the bees.

Q. (To Tyler.) You found the rump of bees in the room? - A. Yes; in the cupboard.

Q. Had any body besides your son access to that room? - A. The lodgers go in to hang up cloaths, or put washing-tubs, or any thing of that kind in.

Both NOT GUILTY .

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

Reference Number: t17991030-14

517. MARY WAGHORNE was indicted for that she, on the 22d of October , six pieces of false milled money, made and counterfeited to the likeness of a good sixpence, the same not being cut in pieces, did put off to one Bridget, the wife of

Thomas Lewis , at a lower rate than the same by their denomination did import, that is to say, for a good shilling .

The case was opened by Mr. Knapp.

BRIDGET LEWIS sworn. - I went to a house in Flying-horse-court , on Monday evening, the 21st of October; I saw the prisoner; I told her I wanted some of the money to buy, meaning bad money.

Court. Q. Did you tell her what you wanted the money for? - A. I pretended I wanted it to pass. She told me her mistress, Mrs. Connell, was not at home, I must come in the morning; I went on the Tuesday morning, and I saw Molly, she pulled a paper out of her bosom, and served me with six sixpences for a shilling; I asked her if I could have any more; she said, yes, whenever I liked; I might come again the next morning for some. She gave them me in a paper, and I kept them in my hand till I gave them to Mr. Hamilton, the officer. I was searched before I went, and I had no other money about me.

Cross-examined by Mr. Alley. Q. What are you? - A. I work for my living; I neither go smashing, whoring, nor thieving.

Q. And you endeavoured to trick this poor woman into the commission of this offence? - A. Yes, and I would do it again, for it is worse than a highway robbery.

Q. You have been employed on business of this sort before? - A. Yes.

Q. You prosecuted the mistress here last night, and she was acquitted? - A. Yes; so much the better for her.

Mr. Knapp. Q. You prosecuted the master as well as the mistress, and the master was convicted? - A. Yes.

SAMUEL HAMILDTON sworn. - A. Examined by Mr. Knapp. I am an officer belonging to Marlborough-street; on the 22d of October, Lewis gave me six bad sixpences, I have had them ever since. (Produces them.)

Croos-examined by Mr. Alley. Q. You had not searched Lewis, upon this occasion, before she went? - A. No.

Q. Therefore she might have bad money about her, for any thing you know? - A. I cannot say; I searched the prisoner afterwards, and found two parcels in a bag in her pocket, one containing two bad shillings, and five bad sixpences; and the other four bad shillings, and seven bad sixpences. I found this box of blacking, which is a composition made use of before the money goes into circulation.

The prisoner did not say any thing in her defence. GUILTY . (Aged 46.)

Confined one year in Newgate , and fined 1s.

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

Reference Number: t17991030-15

518. THOMAS DEAN was indicted for breaking and entering the dwelling-house of Thomas Ford , about the hour of seven in the night, of the 29th of September , with intent to steal, and burglariously stealing two linen shirts, value 5s. two calico shifts, value 5s. a pair of nankeen breeches, value 5s. two waistcoats, value 5s. and two towels, value 12d. the property of the said Thomas .

The case was opened by Mr. Knapp.

THOMAS FORD sworn. - Examined by Mr. Knapp. I am a solicitor in Brick-court, Middle Temple, in the county of Middlesex . I left London the middle of September last, I returned on Sunday, the 29th of September, I discovered that my chambers had been broke open, the outer door lock was hanging by the back screw; the front one having been either forced out or taken out, I then saw, in the bed-room, that a set of drawers, five in number, had every one of them been forced open, which drawers I left securely locked when I went out of town, and the property all secure in the drawers. My wife was in Somersetshire at that time.

Q. Did you leave any body in care of the chambers, except your laundress? - A. No; her name is Ruth Hansford .

RUTH HANSFORD sworn. - Examined by Mr. Knapp. I attended Mr. Ford as his laundress: On the 29th of September I left Mr. Ford's chambers, about half past six at night, as near as I can recollect. Q. Was it light or dark? - A. It was not very light, or it was not very dark; it was between both; the lamps were lighted in the passage; I secured the doors and windows of the chambers when I left them; the door locks three times; I am positive I locked it three times that night.

Q. Are the chambers upon the ground floor? - A. Yes; when I returned it wanted a quarter to seven by St. Dunstan's dial, I live just by Temple-bar; I turned down Middle Temple lane, and went to the chambers; I went to put the key in the door and found the door was unlocked; with that, I opened the door, and found that the middle door was open; that alarmed me very much, and I instantly clapped to the outside door and put my back towards it; I then screamed out, finding the chambers were broke open, and a man immediately run out; it was not so dark but I could see the people passing; the person that was inside pushed three times against the door; he then pushed me quite back against the staircase, and ran out.

Q. Were you, in the hurry of the moment, enabled to see who that man was? - A. Not at that moment; but I saw the colour of his clothes; I cannot say I saw the colour of his face; he was

dressed in a light coloured coat, dark coloured breeches, and light coloured waistcoat; his hair was powdered, and a round hat, half boots, or gaiters, I will not be sure which.

Q. Not a soldier's dress? - A. No; he ran up the middle of Temple-lane; upon my screaming, Morgan, one of the Temple porters, came to my assistance; Morgan then went into the chambers, I said in the passage, and the prisoner at the bar came up to me.

Q. There was a considerable crowd at that time, I suppose? - A. A very great mob indeed; the prisoner asked me what I had lost.

Q. Was the prisoner dressed in the same manner as the man that you had seen before? - A. Yes, he was.

Q. Was it the same man that you had seen before? - A. I cannot say, only that he had the same fort of dress on; he asked me what I had lost, and I told him I believed he was the man that robbed my master; he made no reply, but immediately altered his countenance and went away; his countenance changed; I afterwards went into the chambers and observed my mistress's clothes lying upon a great coat in the bed room; shirts, shifts, and waistcoats, and other articles of wearing apparel, all spread upon a great coat; Morgan rolled them up in the great coat, and I saw them afterwards at Bow-street.

Cross-examined by Mr. Gurney. Q. At the time you left the chambers you might see the face of a person exceedingly well? - A. Yes, if the face was towards me.

Q. When you came back, then could you have seen the face of any person? - A. Yes.

Q. When you saw the man go out, you only saw his back? - A. He went out side ways, and I saw his waistcoat.

Q. He went out very fast, I suppose? - A. Yes.

Q. A crowd assembled, and in the crowd was the prisoner at the bar? - A. Yes; he did not stop in the crowd but came up the steps to me.

Q. When you say your suspicions fell upon him, did you desire any body to stop him? - A. No, I had no thought of it; he did not run, he walked away.

THOMAS MORGAN sworn. - Examined by Mr. Knapp. I am porter to the Middle Temple: On the 28th of September, from ten minutes to about a quarter before seven, I was alarmed by a woman crying, and a dog barking; I saw the last witness standing at the entrance of No. 5, Brick-court; upon her information, I ran up the lane after the man, but did not see him, and I returned to the chambers and got a light; I went into the sitting room first, but saw no mark of violence there; I then went into the bed-room, and saw a great coat lying, with a quantity of clothes upon it; upon turning round, I found to my right hand, a set of drawers, there were five drawers and every one broke open, and the drawers emptied; there was scarce any thing left in the drawers of any value; I then searched the chambers over but found nobody; in the pocket of that great coat was a pocket-book; I opened the pocket-book, and the first thing I saw was a soldier's furlough, Thomas Dean , and there were two letters in it, one directed to a person in the Borough, and the other to one of his comrades; the pocket-book I took possession of immediately; I left the great coat till I got a warrant, and then I took possession of that; on the 31st of October, I took the great coat and the property to Bow-street, the prisoner was there.

Mr. Gurney. Q. What was said was taken down in writting? - A. I cannot say.

Mr. Ford. I was present, and it was not taken down.

Morgan. He partly owned the great coat.

Q. What do you mean by Partly? - A. He hardly said any thing about it.

Q. Were you present at the second examination? - A. Yes, he then denied it; he said the great coat was not his; he said the pocket-book was his, that he had lost it through a hole in the pocket of the coat that he then had on; upon trying the hole, it could not have been dropped out at that hole.

(Produces the pocket and the pocket-book.) It was handed to the Jury.

One of the Jury, It will come out without any force, it might work out (produces the furlough): it is read, dated the 25th of September (Produces two towels, four shirts, three waistcoats, and a pair of breeches); these are the things I took out of the chambers.

Q. (To Mr. Ford) You were present at the examination? - A. I was; the prisoner then said that the coat was his, and he said the pocket-book was his.

Q. Did he say any thing at that time about having lost a pocket-book? - A. No, he did not; he said he had lost his great coat, on the Friday preceding the Saturday, with the pocket-book in the pocket; at the second examination he denied the great coat to be his; but stated that he lost the pocket-book on the Saturday evening, about five o'clock out of the right hand pocket of his close coat, and said he was not in the Temple that night.

Mr. Gurney. Q. You and Morgan give us a directly opposite account? - A. I cannot help that.

Q. Are you speaking of the same examination? - A. Yes.

THOMAS JONES sworn. - I am a patrole belonging to Bow-street; I apprehended the prisoner on the 2d of October; I brought him to Bow-

street, and he was examined that evening; I was present; the great coat was produced; the prisoner did not say any thing about the great coat till after the corporal had been examined, and then he said he had lost his pocket-book and great coat together.

Q. At the first examination was the corporal examined? - A. I believe not.

Mr. Ford. Yes, he was.

Jones. At the second examination he was asked if the great coat was his, and he denied it; he said he had lost his pocket-book, and then put his hand to his right hand coat pocket, and said he had lost it out of that hole; I examined the hole, and tried the pocket-book with it, by the order of the Magistrate.

Q. Do you think it possible that the pocket-book could have gone through that hole? - A. I think not; several people tried it.

Q. Do you think the hole would get larger or smaller, from being frequently tried? - A. I should think it would get larger.

Q. At the time you apprehended the prisoner, did you tell him what you apprehended him for? - A. I told him, I wanted to take him to Bow-street; he came along very quietly.

EDWARD TREADWAY sworn. - Examined by Mr. Knapp. I am a constable; I was present at the second examination; Jones has given a correct account of what passed.

WILLIAM JOHNSON sworn. - I am a corporal in the North Middlesex Militia; the prisoner is also a corporal in the North Middlesex Militia .

Q. How long has he been a corporal? - A. I look upon it about a month; I cannot exactly say, or two months from this time.

Q. He was raised from the ranks? - A. Yes.

Court. Q. What was his name? - A. Thomas Dean.

Mr. Knapp. Q. Look at that great coat? - A. I think I have seen it, but I cannot swear to it.

Mr. Gurney. Q. He would not have been raised from the rank to be a corporal, if he had not bore a good character? - A. Certainly

Mr. Knapp. Q. Do you know any thing about the prisoner wanting to have his furlough renewed? - A. Yes; on the 28th of September, we were together at the Blue Anchor, in Feather's-court, Drury-lane, and had some beer together; during that time, he asked me if I could speak to serjeant Morgan, to get his furlough renewed for a few days; his furlough expressed the third day of October, he pulled out his pocket-book, and I read the furlow myself.

Q. Is that the furlough? - A. This is the furlough; this was on the Saturday; I told him I could not do it then, but I would speak to Mr. Morgan about it; then he went to the Conduit, in Conduit-street, to see a serjeant that was very ill; I stopped an hour and went away; I left them there together about five o'clock in the evening.

Cross-examined by Mr. Gurney. Q. Had he any half-boots on at that time? - A. I cannot say.

Q. Where is the regiment now? - A. At Norman-cross, near Stilton.

The prisoner left his defence to his Counsel.

GUILTY (Aged 20.)

Of stealing the goods, but not guilty of breaking and entering the dwelling house .

Transported for seven years .

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

Reference Number: t17991030-16

519. JOHN RIXON was indicted for feloniously stealing, on the 10th of September , eight hempen sacks, value 4s. the property of John Edmead and William Edmead .

(The case was opened by Mr. Knapp.)

THOMAS BUTLER sworn. - Examined by Mr. Knapp. I am a constable of Staines; I went to the prisoner's house in Staines Moor, on the 16th of September, with a warrant of distress for poors-rates; in the bed-room I observed a quantity of wheat-sheaves, and some peas in an adjoining room. I afterwards went with Mr. Wild and the prosecutor, the same day, to execute a search-warrant; the prisoner had lived there for years; we found some sacks under the sacking of the bed, and others with apples in them; there were eight in all; the prosecutor claimed them to be his property; the prisoner had been his servant. I apprehended the prisoner; I told him I had a warrant against him for stealing the sacks; he said he had had the sacks at different times of his master; that he had bought corn of him; he was taken before the Magistrate the next day, and committed.

JOHN EDMEAD sworn. - Examined by Mr. Knapp. I am a farmer at Staines ; I had employed the prisoner as a labourer ; I went with a search-warrant to the prisoner's house, and found some sacks of mine.

Q. Had you sold him any corn lately? - A. Not for four months.

Q. Had you let him have any sacks to carry his corn home? - A. I do not think he has for these two or three years; I had not missed the sacks, but I am sure they are mine; my brother, William Edmead is in partnership with me. (The sacks produced.)

Court. Q. How long have you had a partner? - A. Near a twelvemonth.

Jury. Q. There is one of them marked R. E. 1781? - A. That is another brother who is dead, Richard Edmead , who was in partnership with me before.

Q. Have they been used in your business since your brother William has been in partnership with you? - A. Yes.

Q. Are there any of them marked with your name and your brother William's? - A. No; they are all marked Richard, except one that is marked William. My brother Richard was in the firm before I came to it, when he died his property deseended to me.

Q. Can you take upon you to swear that any of these identical sacks were in your possession within a twelvemonth? - A. No.

Q. And you have missed none of them? - A. No.

Q. The prisoner, two or three years ago, used to have corn in sacks? - A. Yes.

Prisoner's defence. I have bought bushels of corn of my master that is at home these twenty-three years; I owed him for some beans that I had home in these sacks now; and I have borrowed sacks to cover me when I have been going home at night when it has rained, and my master never denied me.

NOT GUILTY .

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

Reference Number: t17991030-17

520. ELIZABETH WILSON was indicted for that she, in the King's highway, in and upon Patrick Capel did make an assault, on the 14th of October , putting him in fear, and taking from his person two half-crown pieces, the property of the said Patrick .

PATRICK CAPEL sworn. - I work for a fishmonger in Oxford-road; on the 14th of this month, between two and three in the morning, I was coming down High-street, St. Giles's, and I met with the prisoner, she was standing at a door; I told her she had a cold birth, and she asked me if I would give her any thing; I told her, no, and with that I bid her good morning, and I walked on towards my own home in Drury-lane; she followed me till I came to the Coal-yard , and then she seized me by the breast, and said, won't you give me any thing; I said, no, go along about your business; she turned me round, and in turning me round, put her hand in my waistcoat and took out two half-crowns; she then turned round and told me to go to hell, and called me a nasty name; she called me a b-r. I then called the watchman, and gave charge of her; I only lost sight of her while she turned the corner; the watchman brought her to the watch-house; she said she would stand search; then the watchman said there was no occasion to search her, for she had slipped two half-crowns into his hand coming along; there was one of the half-crowns that I can swear to, it had a cross upon the head.

ROBERT BROWN sworn. - I am a watchman; I have often seen the prisoner, I was on duty on the 14th of this month, in Broad-street; I heard a cry of "stop that woman!" I stopped her and called her by her name; says I, Mrs. Wilson, that cry is after you; No, says she, it is not; says I, you must stop till the man comes up; and then he gave charge of her for robbing him of two half-crowns; as I was going to the watch-house with her, she slipped two half-crowns into my hand. I have had them ever since.(Produces them.) The beadle marked them that night; he told the constable of the night he could swear to one of them; it had a cross on the head side.

Prosecutor. This half-crown I can swear to; I was as sober as I am at present; I had been sitting up with an acquaintance that was sick.

Q. (To Brown.) Did the prosecutor appear to be sober at the time? - A. He did.

Prisoner's defence. He asked me to take him home with me; I went with him to the wine-vaults in Drury-lane; he made very free with me, outside the door, and he gave me these two half-crowns for making free with me.

Q. (To Brown.) Did she say any thing of this kind at the time she was taken to the watch-house? - A. No, she did not; she said they were her own half-crowns.

GUILTY Death . (Aged 38.)

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

Reference Number: t17991030-18

521. JOHN STANTON was indicted for feloniously stealing, on the 4th of October , a pocket handkerchief, value 1s. 2d. the property of a certain person unknown .

JAMES MYLER sworn. - On Saturday the 12th of October, between nine and ten o'clock at night, I was sent for down to Fleet-market to take my son away from a parcel of pick-pockets; I saw the prisoner at the bar put his hand into a gentleman's pocket, in Fleet-market ; I laid hold of my son, who was behind him, Stanton then run away with the gentleman's handkerchief; I said to the gentleman, that person who has run away has got your handkerchief; he was alarmed when I took my son by the collar; the gentleman said, never mind the handkerchief, so as I have not lost any other property out of my pocket, and then he went on.

Q. You did not know his name? - A. No, he did not stop.

Q. Did you see the handkerchief taken out of his pocket? - A. Yes; I took Stanton in my house the next morning, between two and three o'clock.

Q. Did you know Stanton before? - A. Yes; I have seen him in the market, many times, picking pockets.

JAMES BURDO sworn. - I was constable of the night: Mr. Tyler brought the prisoner, with his son, to the watch-house; I sent them to prison, and was bound over by Mr. Blamire; I do not know any thing about the handkerchief.

Prisoner's defence. I know no more of it than the child unborn: Mr. Tyler said, before the Justice, that he would do all he could to get me transported, that he might get me away from his son.

Q. (To Tyler.) Did you ever threaten to transport this lad? - A. Never.

Burdo. Tyler said nothing of the kind; he said, he could wish to send his son to sea, to keep him out of bad company; when he brought him to the watch-house, he said, he saw Stanton pick the gentleman's pocket of a handkerchief that night.

NOT GUILTY .

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

Reference Number: t17991030-19

522. JOHN SPITAL was indicted for feloniously stealing, on the 9th of October , four wether sheep, value 4l. the property of John Webb .

Second Count. Laying them to be the property of David Gendon .

JOHN FINCH sworn. - I am a day labourer, I work for Mr. John Webb, a butcher and farmer: On Wednesday the 9th of October, I lost four wether sheep out of eighty, they were lost a little below the Green-man, about seven miles from London, I was driving them from Ledbury to David Gordon's, Esq . at Eltham; I missed them a mile on this side of Acton ; about eight o'clock in the morning, I put them in the pens a mile on this side Acton, I counted them, and missed four; I went back to the Green-man but could not find them; I got information of them, and found them all the same day, at the Black-bull, at Hammersmith, penned up in a stable; I knew them again, they were all marked with a W upon the near hip; they were other marks, but I am no scholar, and cannot tell what they were, there was some oker mark; they were little cross-wool sheep, of two years old; it was quite dusk when I found them; I went to Bow-street next day, and on the 10th, in the evening, I took them to my stock.

Cross-examined by Mr. Alley. Q. This was very wet weather? - A. Yes.

Q. A great many sheep were lost in the country in consequence of the wetness of the season? - A. Yes.

Q. Does it not often happen, that sheep go astray upon the road? - A. It might happen at times, to be sure.

Q. Had you seen the prisoner before this? - A. Yes.

Q. You had bought a whip of him, I believe? - A. Yes, the same morning.

Q. Did you tell the prisoner where they were going? - A. Yes; I told him I was going to London; and he told me to go to Kensington Gravel-pits, for there were good quarters for me.

THOMAS GOUGH sworn. - I am a labourer: On Wednesday, the 9th day of the month, I was at the Seven-stars at Hammersmith; about eleven o'clock the prisoner came in, and called for a pint of beer, and while he was drinking it, he said, d-n the boys they will not let the sheep alone; I got up and looked out at the window, I saw he had got four; then, instead of taking the high road, he went down the lane, where the water was up to the horse's belly, where I knew it was impossible to drive sheep, and I followed him full a mile towards town, by Shepherd's-bush; he came to a slough, and he got over into a field, and listed the sheep over till he got past the slough, I followed him to the Bull at Hammersmith, it was a private road all the way; I asked him where he was going; he told me he was going to town with them; I told him; I did not think he had come honestly by them; I then took him by the collar, and led him into the Black-bull; a constable was sent for, and he took charge of him, the constable locked the sheep up in a stable at the Black-bull; Finch came in the evening, and the landlord of the house shewed him the sheep, they were the same sheep that the prisoner had brought there; they were marked T D upon the near side, just behind the shoulder, a single W upon the hip, and they were fresh ruddled; he told the constable he was going to Kew-bridge; and then he told me he was going to the Black-lion at Kensington Gravel-pits, and he sent me with a note to the Black-lion.

Cross-examined by Mr. Alley. Q. Was it not in consequence of what the prisoner said that you went to Kensington Gravel-pits? - A. Yes, he sent us there.

Q. The water was very much out upon the roads at this time? - A. Yes, it was there, and has been for twenty-five years; it was so all through the summer.

Court. Q. Was the Black-bull in the direct road to Kensington Gravel-pits or not? - A. No, it was not.

JOHN BENNETT sworn. - I am a constable at Hammersmith: I was sent for to take the prisoner into custody on Wednesday the 9th of October, about twelve o'clock in the day; he told me he met with the sheep the other side of Hayes, and told me they belonged to a gentleman, and he was going to Kew-bridge with them; afterwards he told me he was going to a Mr. Pike's, at Kensington; I asked him if he knew Mr. Pike; he told me he did; I immediately wrote a line to Mr. Pike, and kept him in custody till I took him to Bow-street the next morning; I put the sheep into the stable at

the Black-bull; the drover came in the evening and abused the landlord for detaining them from him, they were delivered to him the next day; Finch said he knew who had got them, for he had been drinking with him that day; he abused the landlord, and said, he knew the man was driving them to Kensington Gravel-pits, and he told him he was as bad as the prisoner.

Court. (To Finch.) Q. What did you mean by saying you knew the man was driving them to Kensington Gravel-pits? - A. I did not say so.

Bennett. He told me twenty different stories about it.

Q. Was Finch drunk or sober when he came in the evening? - A. I believe he was sober.

Mr. Alley. (To Finch.) Q. Do you mean to deny that you told different stories about it? - A. I did not till he began with me.

Q. Have you heard such a thing, since this man has been taken up, as a reward of twenty pounds for sheep-stealing? - A. I never knew any thing about it, because I never was in a hobble before in my life.

Prisoner's defence. I was going to Hammersmith, and I met with these sheep; I meant to give them up to the first Majesty I came to.

GUILTY Death . (Aged 30.)

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

Reference Number: t17991030-20

523. JOHN VENT, otherwise WENT , was indicted for the wilful murder of John Gough .

(The case was opened by Mr. Knowlys.)

WILLIAM GERMAINE sworn. - Examined by Mr. Knowlys. Q. Did you know the deceased? - A. Yes; I saw them both about two o'clock in the morning of the 15th of September, I brought a craft up to Mr. Wood's wharf, at the bottom of Northumberland-street , in the night time; Thomas Bellamy , a person belonging to Mr. Wood, informed me there was somebody stealing coals from the craft; Vent then ran over the craft that I was in, with Bellamy, it was a very light night, me and Bellamy rowed the boat out, and Vent was in the same boat, and he loaded his blunderbuss; the two men that had been robbing the craft were in a skiff, and had rowed away; they were in blue jackets, and long blue trowsers, they were shoving the skiff from the craft in which the coals were.

Q. How far was that craft from the craft in which you afterwards found the deceased? - A. Nearly one hundred yards; the men made their escape over the craft where the deceased lay; there were two men in the boat that had the coals; they ran the boat ashore; I saw one of them make for the shore; the other disappeared, I did not know what became of him; one was a good deal taller than the other, and the tallest of the two went ashore.

Court. Q. Was the deceased one of those persons? - A. No. I remained in the boat that we went out in; the watchman gave me charge of the skiff with the coals in it; Bellamy went about his business; being towards high water, he had the craft to moor; the prisoner at the bar went in pursuit of the man that disappeared; he could not find the man, and he said to the watchman belonging to the other wharf, an man of the name of Brodie, why do you not come and assist; the man said he could not get at him; says I, I will put you over in the boat, which I did, and brought him to the assistance of the other watchman: I saw them go over several of the craft; the prisoner fired his blunderbuss at the time that they made their escape; as the men got away, he loaded the piece again, and then they went over the cabin of the deceased's barge, and as they stumbled over the cabin, they awaked the deceased, and I heard the deceased say, if I had fire-arms, I would shoot you.

Q. Did you see the deceased at that time? - A. No, I believe he was in his bed.

Q. Can you undertake to say whether he was in such a situation that he could have seen any body? - A. No, he could not; the prisoner went away, for about ten minutes, in search of the men that made their escape; and then he came back again to the barge where the deceased lay, and he desired Bellamy to turn him out, that he might see who he was; Bellamy did not attempt to turn the man out; I did not hear him say any thing: Brodie also declined, and the prisoner said, then I will have him out.

Q. Did Bellamy or Brodie assign any reason why they would not turn the man out of the cabin? - A. I did not hear any; the prisoner then came to the cabin and desired the deceased to turn out, that he might see who he was, and what he was; he said, come out, that I may see who you are and what you are; the man did not come out immediately; says he, if you do not I will fire at you: when the prisoner at the bar requested him to come out a second time, the deceased came up the steps from the cabin into the barge, and said, do you think I am afraid to see such a rascal as you.

Court. Q. Could he have mistaken him for either of the men that disappeared? - A. I should think not, because he came up in his waistcoat and breeches, without his coat or stockings; and he was a smaller man than either of those who made their escape.

Q. What sort of a night was it? - A. A very clear night; I think it was a moon-shiny night. The deceased put one hand across his belly, as if he was making a kind of guard, putting himself in

a posture of defence, and held the other hand up; I do not know whether he meant to strike.

Court. Q. Did he hold it in a threatening posture? - A. He did. He then said again, do you think I am afraid to see such a rascal as you; then there was a word or two passed between them, I do not remember what; they looked at one another very stedfastly in the face, and then the piece went off.

Court. Q. Some words passed; were they words spoken by the prisoner or the deceased? - A. There was something said by both.

Q. Was that which was said, in an angry tone, by either or both of them? - A. There appeared to be anger in the face of both.

Mr. Alley. Q. How many persons were there near the deceased and the prisoner, at the time the piece went off? - A. I was so agitated I cannot say; Bellamy says he was in the barge, I did not know it; and there was a little boy in the barge with me, and I did not know it.

Court. Q. What length of time had elapsed between those angry words, and the piece going off? - A. Not two seconds, I suppose; it was immediately.

Cross-examined by Mr. Fielding. Q. What sort of craft was that in which the deceased was? - A. It was a sailing-barge.

Q. What did it contain? - A. I believe it was empty.

Q. Then there was nothing on board to protect? - A. No.

Q. The skiff had coals in it? - A. Yes; there might be eight or nine bushels in it.

Q. At the time these two men made their escape over the barge, in your view, you say you only noticed one of them who got completely off? - A. I saw one go over Mr. Wood's craft on to their wharf.

Q. Where the other went you do not know? - A. No; he disappeared.

Q. At what period was it that Vent fired the first time? - A. At the time they were making their escape over the barge where the deceased lay.

Q. You conjecture that upon the man's stumbling over the cabin, it awaked the deceased? - A. Yes.

Q. And he said, if I had fire-arms I would shoot you? - A. Yes.

Q. The deceased did not make any enquiry what was the matter? - A. No.

Q. Who did he mean by you, when he said, if I had fire-arms I would shoot you? - A. I suppose the persons that had stumbled over the deck, and awaked him.

Q. When he made use of that expression, do you think I am afraid to see such a rascal as you, who did he address himself to? - A. Vent.

Court. Q. Did either of them call the other by name? - A. Not that I heard.

Mr. Fielding. Q. This man who went away had got on a blue jacket and trowsers? - A. Yes.

Q. Ten minutes had elapsed between the time of his going away and his returning? - A. Yes.

Q. When the deceased came up out of the cabin he had no jacket on? - A. No.

Q. Then before any conversation took place between the deceased and the prisoner, he desired Bellamy to go and turn that man out? - A. Yes; and he declined to go, and Brodie declined to go.

Q. And then he said he would turn him out? - A. Yes.

THOMAS BELLAMY sworn. - Examined by Mr. Knowlys. I am a lighterman, in the employment of Mr. Wood; between one and two o'clock in the morning, I perceived two men upon Mr. Wood's wharf, stealing coals; it was a very moonlight night, and a very clear moon.

Q. Could you distinguish the persons who were stealing the coals? - A. I could distinguish their cloaths, but not their persons; they were dressed in blue jackets and trowsers. I then went to Vent, he was fishing for ells with a found net; I told Vent what I had seen, and he requested me to call one Nic. Vokins ; I thought him a long time coming, and I saw Germaine upon the wharf; I desired him to help me row after them; they brought their boat right up towards the deceased's barge's stern; they both went over the deceased's barge's stern, and rowed right round to another wharf directly; as they were rowing towards the deceased's barge's stern, Vent said, come to, d-n your eyes, come to, or I will fire at you; as they were getting up the barge's stern, he fired at them; they did not make any offer to stop; I went to the deceased's barge's head, and holloaed, stop thief! and I saw both these men quit the barge where the deceased was, and run the other way; then I desired Germaine to bring Brodie on shore; I went on board the deceased's barge, for I expected he had wounded one of the men, for I saw one of them limp; but the mast being in the way, I cannot say I saw them both go clear away from the barge, but I saw them both clear of the cabin; Vent came half way after me, and said, d-n him, I will have him out, for I had told him I had seen one of them limp, and that I thought he had shot him; in consequence of that, he said, come out, you rascal; says I, for God's sake, mind what you are at; that is an innocent man, you may depend upon it, that is in the cabin. I did not know then who it was.

Court. Q. Then how came you to say it was an innocent man? - A. Because I saw them go clear away.

Court. Q. Then how came you to look at that barge, to see if you could find one of them? - A. I was sure one of them went on shore; but as for the other, I did not know but he might have dropped in the craft; a man came out and said, I am not afraid to come out to such a rascal as you; and then he put the blunderbuss about three inches from him, and fired directly; and I saw his shirt all in a blaze of fire.

Court. Q. How did he hold up his hand? - A. He put his arms upon the scuttle sliders to lean in that position to talk to him, I suppose.

Q. He did not hold up his hand then? - A. No.

Cross-examined by Mr. Knowlys. Q. How did he hold the blunderbuss? - A. In this way; half bent, as it were, and it was about three inches from the deceased, at the time, or four inches at furthest; I was close to his right elbow, and Brodie and Germaine were in the boat; upon my turning my head, to say, look at the man's shirt all on fire, I heard Vent say, there, d-n you, take that; and then he took up the but end of the blunderbuss; but I cannot say that I saw him strike him; and he ran away that moment; I cannot say which way he went; I saw him upon his legs about half a minute afterwards.

Q. How long did he live? - A. Not more than half a minute; he fell down side ways into the barge's cabin.

Q. Had he got quite clear of the cabin, so as to be upon the floor of the barge? - A. No; he was on the steps.

Cross-examined by Mr. Knapp. Q. You are sure that the person who came from the barge and had robbed the craft, went to the deceased's vessel? - A. Yes.

Q. And one of them so lame, that you thought he could not get clear away? - A. I thought he he could not.

Q. At that time you had never seen the person of the man in the cabin? - A. No.

Q. At the time the deceased came up, he was leaning over the scuttle? - A. Yes; when Vent said, d-n you, you rascal, come out, and as the man was coming out of his cabbin, he said, I am not afraid to fight such an old rascal as you; he leaned upon the scuttle sliders.

Q. For the purpose of talking to Vent? - A. Yes.

Q. Were there any words took place between the deceased and Vent? - A. No farther than I have said, to my knowledge.

Q. Was Germaine by at the time you were by? - A. Yes; both him and Brodie.

Q. And you swear that no words took place, except those which Vent made use of? - A. No more, I swear that.

Q. Did the deceased make use of any words at all, except those you have stated? - A. No.

Q. Nor Vent? - A. No.

Q. You had an opportunity of seeing every thing that passed; upon your oath was not the deceased with one hand round his belly, in this way, and the other held up so? - A. No; the man that was in the boat might say so, but he could not see so well as I could.

Mr. Knowlys. Q. Germaine was in the boat, and not in the barge? - A. Yes.

Q. How far was the boat from the barge? - A. Five or six feet; it was upon the barge's quarter.

Mr. Knapp. Q. How came you not to go in to the cabin to turn the man out? - A. I said, no; it is an innocent man, why should I take an innocent man.

Q. How came you to say he was an innocent man? - A. Because I saw the two men clear away from the cabin of the barge.

Prisoner's defence. As I was upon the shore, joining my master's wharf, a little before two o'clock upon the 15th of September, I perceived two men coming down from the upper side of Mrs. Hodges's wharf, the adjoining wharf to my master's; I saw them halt at the bottom of my master's craft; I did not think they were going to plunder my master's craft till Bellamy came to me, and told me, there were two men loading away on the outside; I said to him, go to Hungerford and get a wherry; he made answer, there were no sculls to be got; I told him to go to the Waterman's-arms, and call Nicholas Vokins, tell him it is for me, and he will lend you a pair; he went to Hungerford, and procured a pair of sculls, and a wherry; Germaine at the same time came up the water with some wood; I asked Germaine to accompany us in pursuit of the people that were taking the coals; they rowed me round the craft, till we could see that the men were actually loading the coals out of my master's craft into a skiff; as soon as they saw us coming towards them, one that was upon the put, jumped into the skiff, and they rowed up to where I first discerned them come from; they rowed the skiff to the stern of the barge, where the deceased was; I called to them to surrender or I would fire at them; they were not inclined to surrender; they both got out upon the cabin of the sailing-barge; I fired after them; I was then a considerable distance from them, and one of them immediately disappeared, and in a very small space of time we came up to the stern of this sailing barge, we came nearly to the barge's quarter, before the cabin, and there was the skiff, with a quantity of coals of my master's property; I saw one of the men retreating along the side of the same sailing barge towards the shore; I called to him; says I come to, or else I will fire at you;

Germaine said, there is one of them gone into that cabin, and said, he is in there now, I saw him go in; I repeated my call again to him that was in my sight, retreating towards the shore, and told him to come to or I would shoot him; the man in the cabin, answered from the cabin, you bloody rascal, if I had fire-arms, I would shoot you, you b-y b-r; upon his threatening to shoot me, Germaine said, mind that, mind how you come on, he says if he had fire-arms he would shoot you; with that I called for Brodie to come over to assist, and Germaine, I believe it was, rowed the boat across to fetch him over; he came, and I desired him and Bellamy to fetch the man out of the cabin that had threatened to shoot me, that I might see who he was, they both declined it; I called to him, and said, what do you say you will shoot me, then come out and surrender yourself or I will fire at you; he made answer, fire and be d-d you b-dy rascal; he told me, he would turn out and fight me, or any old b-g thief like me; when he stepped up the cabin steps, he put his hands in a position to fight; and said, now you b-r, come along; I stepped back one step from him, and the ring that fastens the rope was in the way, so that I could not get clear away to the shore; then he ran towards me; I was in danger of being thrown over board, and I unfortunately fired at him; I then went to the foreman belonging to my master, and desired him to see if any medical assistance could be got for the man; he came back and told me the man was no more; he went with me to the watch-house; I directed them which way to go to the bottom of Northumberland-street; I went home; I told them I should be there if they would call for me, and in about twenty minutes they called and I surrendered myself up at the watch-house.

Q. (To Germaine.) Did you apprehend at the time you saw one man go towards the shore, that the other remained in the craft? - A. I conceived that he had concealed himself among some of the craft.

Q. Did you communicate that to the prisoner? - A. I did not.

Q. Did you tell him to mind what the deceased said, when he said, if I had fire-arms I would shoot you? - A. I believe I did.

For the Prisoner.

JOHN PENNY sworn. - Examined by Mr. Fielding. I am foreman to Messrs. Woods; I was waked about two o'clock in the morning by John Vent ; I reside on the Wharf at a considerable distance from the spot; he knocked at my door and told me not to be afraid, he wanted to speak to me; he said he was afraid he had killed a man; he seemed considerably agitated, I judged so by his voice, and and after I had dressed myself he exclaimed, repeatedly, in the passage, oh! that he had never lived to see that day; I went with him to the watch-house, and stated the case to the constable of the night; he was perfectly willing to surrender himself up, and seemed very much concerned indeed.

THOMAS HORNE sworn. - Examined by Mr. Knapp. I am in partnership with Mr. Wood; I have known the prisoner seventeen years, he has always borne an excellent character for honesty and humanity.

Mr. WOOD sworn. - I am the master of the prisoner; he has always acted with great mildness and humanity.

The prisoner called five other witnesses, who gave him an excellent character.

GUILTY of Manstaughter .

Confined six months in Newgate , and fined 1s.

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

Reference Number: t17991030-21

524. PHILIPPA FOULKES was indicted for feloniously stealing, on the 26th of October , a gold watch, value 15l. 15s. the property of Francis Gosling , in the dwelling-house of William Vincent .

FRANCIS GOSLING sworn. - I lodge in a public house kept by William Vincent ; I was a French clergyman, but am now a watchmaker , for my subsistence; the prisoner is the daughter of my washerwoman; she came to my lodgings last Saturday, about twelve o'clock at noon, to bring my linen; I was at work in my own room; she placed the linen upon the table in the middle of the room; I had some watches hanging upon a few nails, at the board of my window; on the left hand there was among them, a French gold repeater, with a portrait at the back of it; when she put the linen upon the table, she came near me, standing up at my right hand; she asked me several different questions about the prettiness of my trade, and if I would learn her my trade; I told her if she would give me one hundred guineas I would learn her; the repeating watch belonged to a French emigrant admiral, he was to have had it last Saturday; I had looked at the watch, I suppose, six or eight or ten times in the course of that morning; I was very glad it was going so right; she staid in the room about half a quarter of an hour.

Q. The watch was on your left, and the prisoner was on your right? - A. Yes.

Q. Did any body come into the room while she was there? - A. Yes, a French Priest; she staid about four or five minutes after he came in; he called for a watch that I had of his, to know if it was ready; I told him it was not, but if he would call about Wednesday next it would be done; at

that instant I got up from my chair; I turned into the room to see if my linen was right with the bill; I took my own watch out of my pocket, looked at the regulater if it was right, and then I went to work.

Q. Was the French gentleman gone before the prisoner went? - A. Yes.

Q. Was she gone when you went to look at your linen? - A. No; when the French gentleman was going away, the prisoner was standing about the work-bench, and asked me what was the price of a vice; I told her she could get a second hand one for our shillings; at that instant, I proceeded to see my linen; while I was looking at my linen, I had my back turned to the prisoner, and to my watches; then I went to the corner of the room to fetch some money to pay her; I gave her the money, and she went away; I missed the watch in two or three minutes after she was gone, and I never saw it again.

NOT GUILTY .

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

Reference Number: t17991030-22

525. MARY CLARKE and CLARISSA PARKER were indicted for feloniously stealing, on the 22d of September , a canvas bag, value 1d. a knife, value 12d. fourteen pieces of foreign gold coin, called double joes, value 42l. three other pieces of foreign coin, called half joes, value 40s. two other pieces of foreign coin, called quarter dollars, value 2s. and a pistoreen, value 6d. the property of John-Christian Wolfe , in the dwelling-house of Mary Connor , widow .

JOHN-CHRISTIAN WOLFE (the prosecutor being a for[Text unreadable in original.]igner, an interpreter was sworn.) - I lodge at Peter Green 's; I belong to the Bellona; I went out with two of my shipmates; I lost my money, in New Gravel-lane; on the 22d of last month, about eleven o'clock at night, I met the prisoners, I asked them the way to Gravel-lane ; I went home with them, and slept along with the prisoner, Mary Clarke ; I had got fourteen whole joes in my jacket pocket, three half joes, two quarter dollars, and two ten-penny pieces, called pistoreens; I put all the money in my jacket pocket before I went to bed, and I put it under the bed; I shewed her three half joes that I had in my breeches pocket; when I first went into the house I borrowed a Spanish dollar of my shipmate to buy liquor; I waked at three o'clock in the morning and found the girl was gone; I began to recollect myself, and look for my money, and the money was all gone; I found my breeches under the bed, where I put them.

Q. Had you been drinking a good deal in the course of the day? - A. No; three of us drank one pot of slip; we had a little beer and gin with our supper. I never got any of my money again; I did not see the girl again, till I saw her before the Justice. Another shipmate of mine slept in the room below; I called him up, and told him I was robbed.

ANN WATSON sworn. - Mary Clarke was locked up at the Virginia Planter, at Shadwell; I asked the landlady to let me go in and see her; I said to her, you were a fool you did not keep out of the way when you was out of the way; no, says she, not a fool at all, for, says she, as I have got the man's money, it was the best way to whack it.

Q. What did that mean? - A. If I had used the word, I should have meant divided the spoil; I asked her who with; and she said, Mrs. Connor and her daughter, Clarissa Parker. Mrs. Connor keeps a house of ill same.

Cross-examined by Mr. Alley. Q. What are you? - A. An unfortunate girl.

Q. Have you never quarrelled with her about a sailor? - A. No; I never did quarrel with her.

Q. Some words passed between you? - A. No.

Q. Were you in Mrs. Connor's house the night the man was robbed? - A. No; I was never in her house in my life but once, and then it was when one of her lodgers had taken a shovel of mine from the door.

Q. Do you mean to swear that you never had a quarrel with Mrs. Connor and her daughter, and Mary Clarke ? - A. I never quarrelled with Mary Clarke in my life; and I never spoke to Clarissa Parker in my life except once, and then she said she was entirely innocent, and knew nothing at all of it.

EDWARD ROGERS sworn. - I apprehended the prisoner. I found upon Parker a knife, and two pieces of foreign coin.

Clarke's defence. I never saw the man's money.

Both NOT GUILTY .

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

Reference Number: t17991030-23

526. THOMAS ROBERTS was indicted for feloniously stealing, on the 4th of October , a mahogany table, value 40s. the property of Thomas Billingham , in his dwelling-house .

THOMAS BILLINGHAM sworn. - I am a cornchandler , No. 24, Goswell-street ; I had moved a mahogany table from Tabernacle-square the day before, and I put it in my shop; I was ill in my room, up one pair of stairs, and I heard a thief unbolt the door, and take it away; it was about three weeks ago; my housekeeper and my man missed the table; the prisoner was pursued, and taken with it upon his back.

MICHAEL BALL sworn. - I am a porter; I de

tected the prisoner with the table on his back, in Hatfield-street, about one hundred yards from the prosecutor's house; I said to him, take that table back again; upon that he struck me and knocked me down; he sat down the table and ran away; he was brought back in about ten minutes or a quarter of an hour. I carried the table back. The prisoner is the same man. (The table produced.)

Billingham. There is the name of Rixon upon it; I know it to be my table.

Prisoner's defence. I was not nearer the place than Whitecross-street.

GUILTY.

Of stealing to the value of 30s.

Transported for seven years .

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

Reference Number: t17991030-24

527. ROBERT MAYNARD was indicted for feloniously stealing, on the 19th of October , a silver watch, value 3l. 3s. and two half-guineas, the property of Samuel Hesketh , in the dwelling-house of William Brown .

SAMUEL HESKETH sworn. - On the 19th of October, I lost a silver watch, and two half-guineas, from my lodgings, in the dwelling-house of William Brown , the Plough, in Carey-street ; I went to bed about eleven; the prisoner came to bed to me about one; I had put my watch upon the chair by the bed-side; I awoke about five o'clock in the morning, and missed the prisoner and my watch, and two half-guineas; I alarmed the house, I found the back-door open, which leads into a stable-yard, and the stable-yard door, leading into Carey-street, was open. The prisoner had slept with me two nights before.

JOHN PRICE sworn. - I am a pawnbroker; the prisoner pledged this watch with me, on the 19th of October, for two pounds two shillings; (produces it;) he told me it was his own.

THOMAS THOMPSON sworn. - I am a silversmith; I was going along the Strand, I saw a soldier take hold of a man, and accuse him of stealing a watch and two half-guineas; I saw the prisoner drop something, I looked and found it was a little book; I asked him if it was his; he said, yes; but I told him he must not have it till we got before the Justice; we examined it, and found a duplicate in it of a watch. (Produces it).

Price. This is the same duplicate that I gave the prisoner.

- sworn. - I live at the Plough, in Carey-street; on the 23d, I met the prisoner, by accident, in the Strand, and took him.

Prisoner's defence. On that night, as I was going to bed, I told the prosecutor that I was very much in want of money, and asked him to lend me a trifle to get some breakfast in the morning; and he told me he had none, but he would lend me his watch to pledge; and I took it.

Q. (To the prosecutor.) Did you desire him to pledge it? - A. I did not.

Prisoner. I have no friends; I am a stranger in London; I came up to seek a situation as a footman in a gentleman's family, and I had not been able to get a situation. GUILTY (Aged 23.)

Of stealing to the value of 39s.

Confined six months in the House of Correction ,

whipped in the jail , and discharged.

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

Reference Number: t17991030-25

528. HENRY NORMAN was indicted for feloniously stealing, on the 19th of September , four pounds of Spanish juice, value 5s. two pounds of prunes, value 6d. and two ounces of almonds, value 2d. the property of George-Allen Aylwin and Thomas Chapman .

(The case was opened by Mr. Hart.)

JOHN AYLWIN sworn. - I am clerk to George-Allen Aylwin and Thomas Chapman , oil and fruit coopers ; on the 19th of September, I saw the prisoner go in and out of the building oftener than he ought to do, and therefore I suspected him, sent when he was going to dinner I stopped him, sent for a constable, and had him searched; upon searching him, in his left-hand coat-pocket there were found some almonds; and in his right-hand coat-pocket, four sticks of Spanish juice; in his hat, some prunes; and in a stocking, in his breeches, was contained ten sticks of Spanish juice. After the constable had taken him away, we examined a parcel of juice that had been landed two days before, and there were two boxes open in the place where he was at work; we weighed them and weighed others against them, and they weighed twenty or twenty-five pounds short of what the others did. When they were found upon him he begged and prayed of me to let him go, saying he had only got a stick or two of juice, that he had taken for some children.

The prisoner left his defence to his counsel, and called Mr. Phillips, an attorney, in Princes-street, Bedford-rew, who gave him a good character.

GUILTY (Aged 30.)

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

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

Reference Number: t17991030-26

529. WILLIAM SIMPSON was indicted for breaking and entering the dwelling-house of Lawrence Williams , Sarah his wife, and others of his family being therein, about the hour of ten in the

forenoon of the 3d of October , and stealing a coverlid, value 1s. and a towel, value 6d. the property of the said Lawrence; three shirts, value 1s. 10s. two neckclothes, value 9s. two pair of breeches, value 1l. and a waistcoat, value 2s. the property of John Allen .

JOHN ALLEN sworn. - I am apprentice to Mr. Williams, a ship and insurance-broker ; on Thursday, the 3d of October, about ten in the morning, the prisoner entered the house at the two pair of stairs window; the servant saw him come down; I lost two pair of breeches, three shirts, two neck-cloths, and a waistcoat; the servant gave the alarm, I went across the way, and saw him with the things on his arm; I took hold of him, and sent for a constable.

JOSEPH LAWRENCE sworn. - I am a constable;(produces the property): it is in the parish of St. Nicholas Acorn; the indictment states it to be in the parish of St. Edmund the King.

Allen. These are my property.

ELIZABETH MATTHEW sworn. - I saw the prisoner coming down the two pair of stairs; how he got into the house I don't know; he had the cloaths hanging upon his arm when I saw him, and I gave the alarm.

Prisoner's defence. I was the worse for liquor; and if I did take it, I took the wrong bundle; they have got my bundle.

GUILTY (Aged 35.)

Of stealing, to the value of 39s.

Transported for seven years .

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

Reference Number: t17991030-27

530. THOMAS BROWN was indicted for feloniously stealing, on the 18th of October , a waistcoat, value 3s. a handkerchief, value 2s. and a stock, value 6d. the property of Benjamin Pritchard .

BENJAMIN PRITCHARD sworn. - On Friday, the 18th of October, I lost a waistcoat, a silk handkerchief, and a stock, from my father's premises in Church-row, Fenchurch-street ; they were taken between five and six in the evening; the prisoner worked for me; I followed him to a public house in Church-row, and saw him stop and put the things behind the shutters in the passage.

Prisoner's defence. I was very drunk, and knew nothing about it.

Prosecutor. He was not drunk; he had done a very hard day's work that day; he and his mate had earned at least twelve shillings that day.

GUILTY . (Aged 30.)

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

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

Reference Number: t17991030-28

531. ROBERT SMITH was indicted for feloniously stealing, on the 5th of October , one hundred and ten skins of parchment, value 5l. the property of William Hooper .

THOMAS POINTER sworn. - I was standing at the corner of Fleet-lane, in Fleet-market , on the 5th of October: I saw the prisoner take the parchment out of a cart, and I followed him and took him; I conducted him to the first public-house I came to, and sent for a constable; the prisoner threw the parcel down as soon as I took him; Stapleton picked it up.

- STAPLETON sworn. - I picked up the parchment, and delivered it to the constable.

- HASLOP sworn. - I am a constable; I received the parchment from the last witness; they have been in my possession ever since.

WILLIAM HOOPER sworn. - I keep the Cross-keys Inn: It was my cart that it was taken from, but it had not mark upon it, I never saw it.

GUILTY (Aged 35.)

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

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

Reference Number: t17991030-29

532. ELIZABETH PHILLIPS was indicted for feloniously stealing, on the 23d of September , a pewter quart pot, value 8d. the property of David Roberts .

MARY - sworn. - On Monday the 23d of September, I saw the prisoner take a pot out of my passage and put it under her cloak, my husband is a basket-maker, and we deal with Mr. Roberts for beer; I stopped her immediately, and told her to give me the pot; I took her to Mr. Roberts's.

DAVID ROBERTS sworn. - This is my pot.

GUILTY . (Aged 25.)

Whipped in the jail , and discharged.

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

Reference Number: t17991030-30

533. MARY WILSON was indicted for feloniously stealing, on the 27th of September , twelve yards of black ribbon, value 3s. two pair of cotton mittens, value 5s. and a silk handkerchief, value 4s. the property of Anthony Harding , John Shoreland , Richard Adams , and John Howard .

(The case was opened by Mr. Alley.)

WILLIAM-BURNHAM SHAW sworn. - Examined by Mr. Alley. I am an apprentice to the prosecutors, Anthony Harding , John Shoreland , Richard Adams , and John Howard , haberdashers , in Pall-Mall : On the 27th of September, I saw the prisoner, she came into our shop to look at various articles; I observed her draw a handkerchief towards her, and put it under her cloak; I then went

round the counter, and took hold of her arm, and desired that she would stay; she then drew a silk handkerchief from under her cloak, and said, may I not have this; she said it was a mistake, that she was disturbed.

Q. Was that the handkerchief that you saw her draw across the counter? - A. Yes; the next day I saw a piece of ribbon found at her lodgings in Soho; she said they were her lodgings.

THOMAS LLOYD sworn. - Examined by Mr. Alley. I am shopman to the prosecutors: On the 27th of September, the prisoner came in and asked permission to sit down; she first asked to look at some gloves, which a young man in the shop shewed her; after looking at various kinds of gloves she went to look at some silk handkerchiefs; she then returned, and looked at the gloves again; she then sat down by the gloves, and soon after she walked down the shop as if she was going out; the witness, Shaw, ran round the counter, and desired her to stop; she then gave him something, but what it was I did not see.

Shaw. I forgot to mention that she dropped upon her knee, and delivered up two pair of cotton mits, begged pardon, and said it was a mistake.

RICHARD ADAMS sworn. - On Friday the 27th of September, between four and five o'clock in the afternoon, just about dusk, the prisoner came in, and asked to look at various articles; the first thing she asked to look at was gloves, she remained at the glove-counter some time, and then went away to another counter; then Shaw called out to me, and and I saw her draw a silk handkerchief from under her cloak, she begged pardon, and said it was a mistake; I then asked her if she had made any more mistakes; upon which she put her hand in her pocket and took out two pair of cotton mits; she appeared very much agitated, she begged forgiveness, and hoped I would let her go.

RICHARD LOVAT sworn. - I am an officer; another officer brought the prisoner to Marlborough-street, and then she was given into my custody; I searched her, and found this ball of ribbon upon her.

Lloyd. I know this ribbon to be the property of the prosecutors, it has their private mark upon it.(The mits and the silk handkerchief produced).

Shaw. I cannot swear to these; but the handkerchief is such as I was shewing her; and the mits were such as were lying upon the counter; there was a vacancy for two pair of mits.

Prisoner's-defence. It was orders that I should go there and be bold-keep me up for exposing me, and to find out ten pounds, and a dozen pair of shoes, and false prisonment; I have concealed every thing private, and they have exposed me; I was put in prisoner, I am innocent; it is false prisonment to expose me and hurt my character.

GUILTY (Aged 47.)

Transported for seven years .

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

Reference Number: t17991030-31

534. JOHN CLARKE was indicted for feloniously stealing, on the 20th of September , a pair of pistols, value 21s. the property of John Richards .

JOHN DUST sworn. - I am foreman to Mr. Richards, gun-maker , in the Strand : On Friday the 20th of September, about twelve at noon, I had occasion to go down stairs, I latched the shop-door before I went; I returned in about five minutes, and as I was coming up stairs I observed the door open; I then hastened my pace up stairs, and saw the prisoner in the shop, in the act of putting something in his pocket, but what I did not know; I instantly collated him, asking, at the same time, what he had taken; he denied having any thing; upon that, I insisted that he had, and from his side coat-pocket he drew these pistols; he laid them on the counter, and begged I would forgive him, saying, it was mere distress that drove him to it; I had seen them the last thing before I went out of the shop, they were lying at the further end of the counter; seeing him with an apron on, I asked him what business he was; he told me a book-binder; I then asked him where he worked; he told me in Heathcock-court, in the Strand, at one Mrs. Curtis's; I then called one of our men up from below, to take care of him while I went to Mrs. Curtis's; I learned that he had worked there two years before; I then sent for a constable, and took him to Bow-street; the pistols have been in my possession ever since, they are Mr. Richards's pistols, and have his name upon them.

The prisoner left his defence to his Counsel.

GUILTY (Aged 14.)

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

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

Reference Number: t17991030-32

535. JOSEPH JONES was indicted for feloniously stealing, on the 21st of October , two blankets, value 10s. a bed-tick, value 23s. and a bolster-tick, value 6s. the property of Charles Glover , and Jonathan Glover .

CHARLES GLOVER sworn. - I am an upholsterer , in partnership with my brother, John Glover , the corner of Albemarle-street, Piccadilly : On Monday the 21st of October, Ann Davis brought me the property mentioned in the indictment; I knew them to be mine.

Q. Did you never sell those articles? - A. No; not of that manufacture.

ANN DAVIS sworn. - I am servant to Mr. Glover: My mother, in the country, desired me to ask the price of a bed-tick; I asked the man in the shop, the prisoner at the bar; he said, if I wanted a tick, he would let me have one much cheaper than I could have it of my master; nothing more was said for a fortnight afterwards; then he came into the kitchen, and asked me if I should want a tick; I told him I should not want it till my mother came out of the country in February; he said, very well; I was to give him a guinea for it.

Q. Did you get the bed-tick of him? - A. No, I did not; a fortnight ago last Friday, I told my master of it, and he desired I would buy it; my sister had the tick from him on the Friday night; the 17th of October I received the tick from my sister, my sister went with him and took them of him; as soon as I got it home, on Sunday the 20th of October, I gave it to my master, and the bolster-tick that I had from my sister; I paid him for them on Monday the 21st of October.

Cross-examined by Mr. Knowlys. Q. How long, before you told your master of this, was it that you asked the price of the bed-tick? - A. About six weeks.

Q. The prisoner then told you he had one to dispose of? - A. He said he could help me to one.

Q. The prisoner and you lived in the house together? - A. Yes, we did.

Q. Has there been any less good understanding between you lately than at first? - A. No; we agreed very well all the time we lived together.

Q. Up to the time that he was taken up? - A. Yes.

MARY EVANS sworn. - I am a sister to the last witness: On Thursday, the 17th of October, I had been at the other end of the town, and in coming home I called upon my sister; she told me the prisoner had offered to sell her a tick, that was to be brought to our house that night; we were at tea, and the prisoner came into the kitchen for a light; he asked me how long I should be before I went home; I told him in about an hour and a half I should be at home; he told me if I would go directly, he would walk with me; when I came up into the street, the prisoner was waiting at the door for me; we walked together to the second or third street from Mr. Glover's house; he then asked me which way I would go; I told him I should go along Leicester-fields, and Lincoln's-inn-fields, and down Holborn; he told me he had to call at Brewer-street, but before I reached Queen-street, he should overtake me; he overtook me with something in his apron; we walked together till we came to Aldersgate-street, where he went up a passage and knocked at a door; he told me he would be down again in a moment; he came down stairs and gave me the tick that is now produced; when he came down he had nothing in his apron; it was Maidenhead-court; when he gave me the tick, I said, I supposed my sister would satisfy him for it; he said very well; I searched the tick, but could not find any mark upon it; I put it in my drawer and kept it till Sunday; it was a bed-tick and a bolster-tick, and on Sunday afternoon my husband went up to let Mr. Glover know that such a thing was at our house; Mr. Glover sent my sister, and I gave them to her; they have been at Mr. Glover's ever since.

JOHN MILLER sworn. - I belong to the Public-Office, Bow-street: On the 23d of October, I searched the prisoner's lodgings in St. John's-street, and found two blankets on the bed, which Mr. Glover said were his property.

Mr. Glover. This is the bolster-tick, it has our mark upon it; it is marked 7, 8, 4 treddle, with U and E upon it, that is our shop mark; the bed-tick is marked with a bu and u; we had missed them, and I am very confident we have never sold any such articles.

Q. Look at the blankets? - A. This is our blanket; it is marked with a G; we had four of them lying in the shop, and we missed two; the other blanket I cannot swear to, but this, I swear positively to.

Mr. Knowlys. Q. How do you know you had not sold them? - A. I had these very ticks in my hand, about seven weeks ago, and we had no such thing set down in our books; we have not sold any one tick of this sort since they have been marked, previous to that; there has not been any besides the one that we missed, but what has been sent out to customers in beds.

Q. How long has this man lived with you? - A. Twelve months last June, we had him from Mr. Seddon's in Aldersgate-street.

Q. You received a good character with him? - A. Yes.

Q. Does it not often happen that a blanket is lent to the servant to carry out goods in? - A. No; this is a fine large blanket; the blankets we use for wrappers are smaller than this, and old ones, and always marked with our name.

Prisoner's defence. I have no knowledge at all of taking them.

GUILTY . (Aged 28.)

Transported for seven years .

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

Reference Number: t17991030-33

536. JAMES MORGAN was indicted for feloniously stealing, on the 6th of October , two jackets, value 2s. two pair of trowsers, value 12d. an iron tobacco-box, value 6d. a piece of foreign coin, called a pistoreen, value 6d. and a guinea , the property of Paul Johnson .

PAUL JOHNSON sworn. - I belong to the ship Mary; she was lying at Limehouse Reach-dock ; I laid down in my hammock: On the 5th of October, Thomas Hutchins and Daniel Branning were on board; Thomas Hutchins waked me; I missed two jackets, and two pair of trowsers; they had hung upon a nail, close to my hammock, there was a tobacco-box, a guinea, and a Spanish pistoreen gone; then I saw my thing lying under the cabin ladder; then I saw the prisoner crawling under my hammock.

Q. Had he any thing to do with your ship? - A. No; then I went and searched the pockets for my money; I found my money, but my tobacco-box was gone; after the prisoner had been secured two hours, he took the tobacco-box out of his pocket; I told him it was mine; he said, no; then I took it from him; it was mine, I can swear to it, the watchman has got it.

THOMAS HUTCHINS sworn. - I am a sailor , I belong to the ship Mary; I slept about three yards from Johnson; I walked a little after twelve o'clock; I heard somebody creeping about where I slept; there was no light; I got out of bed, and went to the ladder; I felt about and found a broomstick, and I felt under my feet some clothes; I then called to Daniel Branning, and told him there was somebody in the ship, and he must get up; I told him to take possession of the ladder till I got a light; we got a candle and saw the clothes; we looked a little farther and saw the prisoner lying flat upon his face, about two yards from the ladder; I turned him over, and asked him, how he came there; he said, he did not know; I asked him how he came in the dock; he said he was lifted over the gates by a man and a woman, then we immediately tied him with a rope.

DANIEL BRANNING sworn. - I am a seaman on board the ship Mary; I was disturbed in the night by Thomas Hutchins , he told me there was somebody in the ship; I told him to get me a stick, he got a light, and we saw the prisoner lying down; I asked him what he was doing in the ship; he told me, he could not tell; I asked him how he came over the gate; he said he knew a man and two women belonging to two ships in the dock; I told him it was false, there was no woman there, but the man's wife, and he would not let any man come to her; and then we pinned him behind.

THOMAS BURDON sworn. - I am a watchman; I was called on board the ship Mary, about a quarter after two in the morning; I took the prisoner into custody. (The property was produced and deposed to by Johnson.)

Prisoner's defence. I was very much intoxicated in liquor, and how I got on board this ship I do not know.

GUILTY .

Transported for seven years .

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

Reference Number: t17991030-34

537. DANIEL MUNDAY was indicted for feloniously stealing on the 18th of September , a waggon tilt cloth, value 3l. 3s. the property of William Bellis .

JOSEPH WARD sworn. - On the 18th of September, I found Mr. Bellis's waggon tilt-cloth, in the prisoner's bag; it was missed between the 17th and 18th; I found it in a wood, in the parish of Pinner, about two miles from Mr. Bellis's; I sent for Mr. Bellis, and he owned it; the prisoner owned that it was his sack, I asked him what he had got in it, he was lying down by the sack; he said he had got nothing of mine; I insisted upon knowing what he had got in the sack; he pulled out a kettle with ribs of lamb in it, and about a yard of cloth, with the man's name upon it, one whole breadth; the other part was lying by him.

JOHN KING sworn. - I am a labourer; I was with Joseph Ward when he took the prisoner; I do not know any more of it than the last witness.

CHARLES WEBB sworn. - I am a constable; I took charge of the prisoner from Ward; I took him before the Magistrate the next day, and he was committed. (Produces the tilt cloth.)

WILLIAM BELLIS sworn. - This is the tilt-cloth that I lost, it has my name upon it; I live in the parish of Bushey, in the country of Herts .

Ward. The wood where I found the prisoner, and the property, is in the country of Middlesex, in the parish of Harrow.

Belli's. I had seen it at eight o'clock the evening before.

Prisoner's defence. There was a man with me that had the bag; I do not know any thing at all about it.

Q. (To Ward) Was there another man with him? - A. Yes.

Q. How came you not to say that before? - A. The prisoner was the man, that owned to the sack being his, and the other man run away; the prisoner first said he had bought the lamb at Watford, and afterwards he told me, he had not bought it; he said the tilt cloth, and the lamb, were brought to him while he was asleep.

GUILTY . (Aged 20.)

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

Reference Number: t17991030-35

538. MARGARET CUNNINGHAM was indicted for feloniously stealing, on the 16th of October , a sheet, value 3s. the property of Barney Holland , in a lodging-room .

BARNEY HOLLAND sworn. - I live at No. 17, Bowling-alley, Whitecross-street ; the prisoner took the lodging of me, in company with her husband, about two months ago, it was ready furnished; she and her husband staid a month or two; I live almost always in the country; the sheet was missed off the bed, and she was taken up; a duplicate was found upon her, and then she confessed it.

- FARMER sworn. - On the 16th of October I took this sheet in of the prisoner, in the name of Ann Collins ; (produces it; it is deposed to by the prosecutor.)

RICHARD ELDIN sworn. - I am a constable; I was sent for to apprehend the prisoner; I was going to search her for the duplicate, and she said, no, I need not; she gave it me immediately.

Prisoner. Q. Did I not pay Mr. Holland three shillings and a halfpenny for the sheet, in your presence? - A. No.

Prosecutor. I have never received a farthing from her; I found two shillings and some halfpence upon the table; I did not know but it belonged to my wife. This is my sheet; it has the first letter of my name and my wife's.

Prisoner's defence. I pawned the sheet with the leave of Mrs. Holland, for I carry loads, and I had no shoes to my feet; I pawned it to get some shoes; I was only to pawn it till Saturday. I made up the money and was going to get it out of pawn at the very time that she went to fetch Mr. Eldin.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17991030-36

539. JOHN COLEMAN was indicted for breaking and entering the dwelling-house of James Forbes , no person being therein, about the hour of four in the afternoon of the 27th of September , and stealing a silver watch, value 3l. a silver watch-chain, value 5s. two silver seals, value 10s. a silver key, value 1s. another silver watch, value 1l. 10s. a steel chain, value 2s. four pair of shoe-buckles, value 4l. three gold rings, value 12s. a pair of silver knee-buckles, value 2s. a pair of velveteen breeches, value 15s. a cotton pocket handkerchief, value 3d. a linen stock, value 2d. and five guineas, the property of the said James Forbes .

JAMES FORBES sworn. - I keep a house at Poplar Penny-Fields ; I am a Shipwright ; I am only at home once a week; I come home on a Saturday. I went away on Monday morning, and came back on Saturday, the 28th, about twelve o'clock in the day; I left my wife in the house, and a man of the name of John Shannon lodged in the house; when I came home I went to my chest to take some money out; the chest stands under the window in the room where I sleep; and the key would not open it; I put my hand to the lid of the chest, and it opened directly; I am sure I had locked it on the Monday morning when I went away, and took the key in my pocket: I had left six half-guineas and two whole guineas in the chest, two watches, one was a French watch, and the other repeats the day of the month, and the moments; four pair of shoe-buckles, a pair of silver knee-buckles, three gold rings, and a pair of light blue velveteen breeches; there was one of the gold rings dropped just by the chest, that a little child picked up; I apprehended the prisoner on Sunday, the 29th of September, in an alley in Ratcliff-highway; I sent for Mr. Rogers, and he found a large pair of silver shoe-buckles in his jacket-pocket.

Q. Did you know those buckles to be your's? - A. Yes. Rogers also found a pocket handkerchief and a stock that I had lost. I then went with Rogers to the house where I took him from; I do not know whether the prisoner lived there, but he ran down that alley, and into that house; Mr. Rogers searched the house, and left me in charge of the prisoner. Rogers then produced to me two watches, a pair of silver knee-buckles, and an old guinea; one of mine was an old guinea, and the other a new one. He was taken to the lock-up house, and brought before the Justice on Monday; then the prisoner said, it was not upon Friday that he robbed the house, he said, it was Thursday.

Q. Was what was said before the Justice taken down? - A. No; the Justice said, it was not worth while to put it down: the prisoner said, his own chest had been robbed of three hundred dollars coming home.

SARAH FORBES sworn. - My husband went out on the Monday before the 27th of September.

Q. Who lodged in your house? - A. A man of the name of Shannon. The prisoner came to our house on the Wednesday, to enquire for a lodging; I knew the prisoner three or four years ago, he lodged in Brick-lane; he said he had been on board a ship, and was very ill indeed, and could not work; he sat there some time, and I asked him to have a cup of tea, and then he went away.

Q. Did you see him on the Friday? - A. No; I left home a few minutes before two in the afternoon, and locked the door.

Q. What did your family consist of? - A. A Mrs. Barrett and my little girl, they both went out with me; John Shannon went away on the Thursday night for Norway. I locked the room-door where

the chest was; I had moved the chest the day before, and it was then locked; the street-door goes with a spring-lock, and I had put the key in a place over the door, where I always put it, in case my husband or the lodgers should come home while I am out. About half past six in the evening I returned with Mrs. Barrett and the child; I found the key where I had left it, and the street-door was locked; I went up stairs, and found my chamber-door had been forced open; the first pannel was split, as if it had been wrenched; I immediately called to Mrs. Barrett to get a light, and we searched the house, but could find nobody; I looked at all the boxes that I had the keys of, and found my things all Safe; and there was a little watch hanging at the bed's head; I thought then it was all safe: I had not the key of the chest.

LUCY BARRETT sworn. - I was at Mrs. Forbes's on the 23d of September, her husband had been gone about half an hour; I saw the prisoner there on Tuesday or Wednesday; I went out with her on the Friday, I saw her lock the street-door; when we came back, we found the door shut; she went up stairs, and then called me up; I saw that the pannel of the door had been split, and on Sunday, the 29th, I met the prisoner in Ratcliffe-highway, promiscuously; I said, how do you do; he said, he was pretty well; but nothing passed about this business. I immediately went to Mr. Forbes, and called him, and we went after him.

JAMES WHITBY sworn. - On Sunday, the 29th, I received information that Lucy Barrett had seen the prisoner: I went down stairs immediately to see if I could see him, but I could not; I went as far as Old Gravel-lane, I then came back again, and went down Angel-alley, and there I saw the prisoner leaning against a door; Forbes was then coming after me; as soon as he saw him, he made his escape up stairs in that same house: I do not know who keeps it. We went past the door to the bottom of the alley, to the Hoop and Bunch of Grapes, to see if he was there, for I did not then know that that man was him, because I did not know him: we returned up the alley again, and as we walked up, he was standing in the same posture again; as soon as he saw us he ran up the same stairs again, I saw him up the fifth or sixth stair; Forbes was then coming up the alley, and I left him at the door while I went to fetch an officer; I could not find an officer, and I learned that he was gone with Mr. Forbes towards Shadwell; I did not see him again till I got near Shadwell Church; Rogers then came up, and Forbes gave charge of him. I saw a pair of buckles, a pocket handkerchief, and a stock taken from him.

EDWARD ROGERS sworn. I am an officer; I met with the prisoner on Sunday the 29th, in Ratcliffe-highway; I took him into custody near Shadwell Church; I took him to the public house, and searched him in the presence of Forbes; I found in one of his pockets a pair of silver shoe buckles, Forbes said they were his; I asked him what marks there were; he said, one of the rings was broke; I then shewed them to him, and it was so. I found also upon him an old linen stock, which he claimed; and there was an old pocket handkerchief that he said was his; I immediately put him in a place of safety; I asked Forbes which was the house he had seen him go into; I instantly went to the house with Forbes and the other young man; there were a number of women there; I searched them, and immediately went up stairs, and turned out an old bed that was on a bedstead, and between the bed and the sacking I found a piece of old Carpeting tied up in a lump; curiousity led me to open it, and there I found this pair of breeches (producing them;) and in the pocket of the breeches were these two watches, and a pair of silver knee-buckles; and in the fob of the breeches was this guinea; I carried them down to Forbes, and he said, they were all his property except the guinea, which he said he could not say any thing to. I told the prisoner what I had found, and asked him where the remainder of the articles were, he said, there was not so much gold as you say; he said, there were only four. He said, some time ago, he had lost a great quantity of dollars when he came into this country, and that he had been very scarce of money, and that was his reason for taking it: he said it was not on Friday, it was on Thursday.

Forbes. These are my buckles, I described the mark before they were shewn to me; and these are my breeches; there is my name upon the watch and upon the seal, and I have the number of the French watch.

Q. (To Mrs. Forbes.) Have you any reason to know that the prisoner expected you to go out that day? - A. No; but there is a public house opposite. I know this handkerchief and stock to be my husband's.

Prisoner's defence. I knew this woman about four or five years ago; I wanted to lodge there; I was at work on board a ship , and Mrs. Forbes came along-side in a boat, and told me her husband was going out for a week, and wished me to come down to her; I was there four or five weeks, from the 5th of August; I always staid till Saturday, and then went again on the Monday: at last, she pawned my big coat and handkerchief, silk stockings, watch, and two pair of breeches. I asked her for money, and she said there was some in the chest, but it was locked. On the Thursday she was going out; I was very ill, I could not go to

work, and the child was gone to school; and the child came home, I gave the child tea, and put it to bed, and they both came home drunk at ten o'clock at night, and made a riot with their neighbours; on Friday she told me she had got a guinea and a gold ring out of the chest, and on Sunday they took me up. She is not married to that man, she is a woman of the town, she lived with me three or four years ago.

Q. (To Mrs. Forbis.) Did you ever pawn any of his cloaths? - A. No.

Q. Did you ever point out those things that he might satisfy himself? - A. No, never.

Q. Had he any thing to do in your house on the Thursday? - A. No, I was not out of doors all day long on the Thursday; I was in bed before eight o'clock.

GUILTY Death . (Aged 36.)

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

Reference Number: t17991030-37

540. SAMUEL PARIS , and HENRY YEATES were indicted, for feloniously stealing, on the 6th of October , a wooden box, value 1s. three silver tea cannisters, value 3l. a silver sugar basket, value 20s. a silver cream pail, value 15s. four silver table spoons, value 40s. a gravy spoon, value 10s. eighteen silver tea spoons, value 30s. two silver cruet tops, value 5s. a silver fish slice, value 10s. a silver rimmed mustard pot, value 10s. a tortoishell snuff box, with gold edges, value 10s. a pair of stone knee buckles, value 10s. four silver salt spoons, value 5s. a plated cruet stand, value 10s. and a pair of ear rings, with gold wires, value 2s. 6d. the property of William Wrench , Esq . in his dwelling-house .

The Case was opened by Mr. Knowlys.

MARY WRENCH sworn. - Examined by Mr. Alley. I am the wife of William Wrench , Esq. an officer in the Militia , in Edgware-road, in the parish of Mary-le-bone .

Q. Had you any particular box in your house? - A. Yes, in the book case in my bed room; the box contained a number of law papers; three silver tea cannisters, worth three pounds; a silver sugar basket, worth half-a-guinea; a cream jug, worth about the same; four silver table spoons, worth a guinea; a gravy spoon, worth about half-a-guinea; eighteen silver tea spoons, worth about half-a-guinea; two silver cruet tops, worth-half-a-guinea; a silver fish slice, worth about seven or eight shillings; a mustard pot, worth about the same; a tortoisehell snuff box, worth about four or five shillings; a pair of stone knee buckles, about the same value; four silver salt spoons, about the same value; a plated cruet stand, worth about half-a-guinea; and a pair of ear-rings, worth about two shillings.

Q. In the snuff box was there any thing particular? - A. Yes; accounts of Chancery, and a note that Mr. Wrench had taken up for a friend of mine a Miss Chapel; it was a note given by Miss Chapel; it was not convenient to her to pay it, and Mr. Wrench paid it; it is an old note, it was due sometime in the month of January; I told my servant, if any fire happened, to take particular care of that box.

MARY BROWN sworn. - I am servant to Mrs. Wrench, I know the prisoner Paris; Yeates is his brother-in-law; I had frequently gone to his apartments, and he and his wife had come to our house; my mistress went into the country, and on the 6th of October, I went out, and left my pattens at the prisoner Paris's apartments; I mentioned to him what time I should get back; I went out after two and returned before seven; there was nobody else there but him and his wife; he lived about six doors off; I asked him if any body should come to the door, to be so good as take in a message for me; when I returned I did not suspect any thing, till the Wednesday following, when the box was brought to me by Paradise, which I knew was the same box that I had been left in charge of; it had stood in the book case in the two pair of stairs room.

GEORGE PARADISE sworn. - Examined by Mr. Alley. I am a milkman; I found the box in a grain-hole, in St. George's-row, about a quarter of a mile from Mr. Wrench's house, belonging to a man of the name of Gallaghan; I looked in the box, and saw some writings belonging to Mr. Wrench; I put it in a lost till the evening, and then I carried it home and delivered it to Mary Brown ; I went to help Gallaghan to clean out this grain-hole, as he had got a load of grains coming in.

JAMES GALLAGHAN sworn. - Examined by Mr. Knowlys. I saw Paradise find this box; there were some papers in it, and we took it home in the evening to Mary Brown.

WILLIAM CLARKE sworn. - Examined by Mr. Knowlys. I live in Flower-de-luce-court, Fleet-street; I have known the prisoner a great many years: On Monday, the 7th of this month, the prisoner Yeates gave me a promissory note of a Miss Chapel, to get cash for it; I went to her in Artillery-lane, I saw Miss Chapel; she told me, it was a note that had been satisfied; I returned it to the prisoner in the street, he waited for it; I am pretty sure he tore the note; he shewed me some Chancery papers, and I think he tore them also; the note was for twenty-one pounds, payable at twelve months after date; he told me it came up out of the West of England, and that he came to town at two o'clock on Monday morning.

WILLIAM WRENCH , Esq. sworn. - Examined by Mr. Alley. I paid a promissory note of Miss Chapel's, for twenty-one pounds; I paid it soon after Christmas.

SARAH CHAPEL sworn. - Mr. Clark came to my house, No. 10, Artillery-street, last Monday was three weeks, and shewed me my name to a note of hand for twenty-one pounds, and asked if it was my writing; I told him it was, Mr. Wrench took it up for me.

Court. Q. Was there any other note of your's for twenty-one pounds, standing out against you? - A. No.

THOMAS JONES sworn. - Examined by Mr. Knowlys. I am one of the conductors of the patrole of Bow-street; I went to the lodgings of Yeates, in John-street, Edgware-road; the Magistrate, in the presence of the prisoner, desired me to go there, and if I found his wife to bring her with me; I found her, and I searched the lodgings, and found half a dozen silver tea spoons in a tea-chest, and a purse on a corn sack. (Produces them.)

Mrs. Wrench. There is no mark upon these spoons, they are like mine.

Mr. Wrench. I cannot speak to the spoons.

Mr. BRADSHAW sworn. - Examined by Mr. Alley. I am an attorney; I attended the examination at Bow-street, it was taken down in writing; I saw this signed by Paris, he did it voluntarily, and freely; I saw it signed by the Magistrate also, and witnessed it myself. (It is read.)

Middlesex to wit.

"THE voluntary examination of"Thomas Paris, charged with fe-"lony, taken before me, this 8th day of October,"says, he knows Mr. Wrench's house, No. 75,"Edgware-road; examinant's wife has been in"the habit of assisting Mr. Wrench's servant, in"taking care of the house; last Sunday was a"fortnight, the said servant, Mary Brown, came"to his apartments in the afternoon, and said, she"was going out, but should return about dusk;"and between six and seven, the same evening, he"went into Mr. Wrench's house, the back door"of which he found open, and upon going into"the front room, two pair of stairs, he opened"the folding-doors of a book-case, and took out"a box, brought it home, shewed it his wife, saw"it contained plate and papers, then left it with"his wife, and went to his brother-in-law Yeates;"that the examinant told the said Yeates, he had"got some plate; he asked him, how he got it;"that he told him, he got it from Mr. Wrench's,"but did not know how to dispose of it; to which"Yeates replied, then he did; that he came with"him, went up stairs, fetched the box down,"went to Tyburn, put the plate into a bag and"hid it, and left the box behind them, till last"Thursday, when they went to the White-hart,"at Woodford. Examinant asked Yeates, what"he had done with the plate; who replied, he had"offered it to a person, who challenged him with"stealing it; when he, Yeates, run away.

Signed THOMAS PARIS .

Taken before me, ROBERT CLERK .

Paris's defence. I am innocent of the robbery.

Court. (To Mary Brown) Q. Did you leave the back door open? - A. Yes, I did.

Q. How came you to do it? - A. I intended to be back before dark, and I did not think any body could have got in.

For Yeates.

JAMES EMMETT sworn. - On the 7th of October, I met the prisoner Yeates, to buy a horse of him, I was going to his house in John-street; he told me the horse was sold, and while I was standing there, there came a woman big with child to him, and gave a paper into his hand; he asked her, what it was; she said, it was a twenty-one pound note.

Q. Who was that woman? - A. I do not know, I never saw her before; he said it was a thing he did not understand, but he would see a friend of his in the course of the day, and endeavour to get it changed for her.

Q. Did you know who that woman was? - A. No; I asked him who it was, and he said, why, you fool, do not you know it is my sister-in-law; and I went away directly.

Cross-examined by Mr. Knowlys. Q. Did I not see your face here last Sessions? - A. Yes.

Q. There was a man charged with stealing a bundle, and you came to prove it was left in the tap-room? - A. Yes.

Q. And now you come to prove that you saw Yeates receive this note? - A. Yes.

Q. When did you ask him who that woman was? - A. I did not ask him till that morning.

Q. How often have you been in Newgate? - A. Only yesterday, and this morning.

Q. Then you never asked him who this sister-in-law was? - A. No.

Q. How many sister-in-law has he? - A. I do not know; nor did not know he had one till that morning.

Q. Did you ask where she lived? - A. No.

Q. Nor her name? - A. No.

Q. How came you to be going to him then? - A. To buy a horse; it was between eight and nine o'clock in the morning.

Court. (To Clarke.) Q. At what time did he give you the note? - A. Between three and five o'clock in the afternoon.

Court. (To Bradshaw.) Q. Were you present

when Yeates was examined? - A. Yes; he did not then say a word about this man having seen it delivered to him.

Jones. I was at the examination of Yeates; but I did not hear him give any account of the note at all.

Yeates's defence. I am perfectly innocent of it.

Paris, GUILTY Death . (Aged 34.)

Yeates, GUILTY Death. (Aged 35.)

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

Reference Number: t17991030-38

541. MARGARET EWER was indicted for feloniously stealing, on the 11th of October , twelve pencils, value 8s. the property of Samuel Wilkins and William Wilkins , privately in their shop .

SAMUEL WILKINS sworn. - I am the brother of William Wilkins , who is my partner , we live upon Holborn-hill : On the 11th of October, between six and seven o'clock, I was lighting the lamp in the shop, the prisoner came in to sell some termerick, she said she thought it was pepper; I saw the pencils there when I was lighting the lamp, and missed them in about five minutes after she was gone; when I missed the pencils, I went to the top of Field-lane, but I could see nothing of her; and as I was coming down Field-lane back again I met her, and charged her with taking the pencils; I found them down her bosom. (The constable produced the pencils, which were deposed to by the prosecutor).

WILLIAM-STAFFORD COLLETT sworn. - I was in Mr. Wilkins's shop: I did not see the prisoner take the pencils, I saw them found upon her.

Prisoner's defence. I do not know any thing at all about it; my husband has left me in great distress.

GUILTY of stealing to the value of 4s. 9d.

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

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

Reference Number: t17991030-39

542. WILLIAM CROUCH was indicted for that he, in the King's highway, upon Helena the wife of John Conhill , on the 15th of October , did make an assault, putting her in fear, and taking from her person a basket, value 2s. and three cloths, value 1s. the property of the said John .

HELENA CONHILL sworn. - On the 15th of October, about eight o'clock, as I was going home from selling my goods in Bishopsgate-street, the prisoner came against me, and took hold of my basket; I had three cloths, and a little butter in it; and I was putting up my hand to my basket to save it, and he gave me a blow, knocked me down, and took them away, and my bonnet and cap came off; he was immediately stopped, and brought back by a young man that is here; I am sure the prisoner is the same man.

Q. Did he take the basket before he gave you the blow? - A. Yes; he struck me with the basket.

Q. You were very much frightened, I suppose? - A. Yes.

WILLIAM MATTAM sworn. - I am a shoemaker: I heard a cry of stop thief, I saw the prosecutrix; she said she had been knocked down, and her property taken from her; I pursued the prisoner, and in about thirty yards I saw him running with the basket, and the cloths hanging out; I brought him back, and she said he was the man.

Prisoner's defence. There was no butter in the basket.

GUILTY (Aged 47.)

Of stealing the goods, but not violently from the person .

Confined twelve months in Newgate , and fined 1s.

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

Reference Number: t17991030-40

543. JACOB ABRAHAM was indicted for feloniously stealing, on the 11th of October , four pounds of raw sugar, value 2s. the property of Thomas Bolt .

JAMES BRYANT sworn. - On Friday the 11th of this month, I was in a lighter at Fresh-wharf , watching the sugars; I saw the prisoner at the bar on the wharf taking some sugar out of a hogshead and putting it into his hat, the top of the hogshead was loose; I came out of the craft, and told him to put it into the hogshead again; he would not put it back, and then I called to Mr. George Yates , then he threw it on the ground; I picked it up, and put it into my apron; there is about four pounds of it.

GEORGE YATES sworn. - I am a gangsman under Mr. Bolt: I was landing sugars on the 11th of October; there was one hogshead came in in a very bad state, the head was nearly out, and the hoops on the outside were all broke asunder; we took it as far from the scale as we could, that we might land other sugars, till we got a cooper; Bryant called to me, I went to his assistance immediately, he had hold of the prisoner at the bar by the collar; I saw the prisoner take his hat from his head, I saw him throw the sugar from his hat upon the ground; I immediately secured him, and told Bryant to pick up the sugar; Bryant put it in his apron till the officer took it from him; I compared the sugar with the sugar in the hogshead, it was exactly of the same kind; there was no other hogshead that he could have got it from. (The sugar produced).

Prisoner's defence. There was one of the hogsheads that the head flew out, and a great deal of

sugar slipped, and the coopers asked me to lend them a hand to pick it up, and I put some into my hat to throw into the hogshead, and that young man came and knocked it out of my hat.

GUILTY . (Aged 21.)

Transported for seven years .

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

Reference Number: t17991030-41

544. ANN MALEY was indicted for feloniously stealing, on the 1st of October , a pewter pint pot, value 1s. 3d. the property of John Tanner .

JOHN TANNER sworn. - I keep the Golden-lion, in Fore-street : The prisoner came into my house and called for a pint of porter; she had been in about ten minutes and went away; she came in again in about five minutes, and stopped about five or six minutes longer, and then went out; I then missed a pint pot out of the tap-room, and immediately went out, and took the prisoner in London-wall, she had then got the pot in her hand, with about a tea-cup full of porter in it; I brought her back to my house, and asked her how she came to take the pot; an officer was sent for to take charge of her.

GEORGE BROOKE sworn. - I was sent for to take charge of the prisoner. (Produces the pot).

Tanner. This is my pot.

Prisoner's defence. I stopped to have a pint of beer at this man's house, and I thought I saw a person of the name of Susannah Carroll go past; I went out with my beer in my hand but could not find her; and as I was returning back to the house, the prosecutor took me up.

Prosecutor. There have been a great number of respectable people about this poor woman, and I have made enquiry, and find that she bears a very good character; and, from the information I have received, she is not right in her head at all times.

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

NOT GUILTY .

Tried by the London Jury, before Mr. BARON THOMPSON.

Reference Number: t17991030-42

545. JOHN GRIFFITHS was indicted for feloniously stealing, on the 13th of October , two sheets, value 5s. a table-cloth, value 5s. two breakfast cloths, value 3s. five pillow-cales, value 10s. a towel, value 1s. and a pair of shoes, value 2s. the property of John-Parr Welsford ; and a watch, value 2l. the property of William Litton , in the dwelling-house of the said John-Parr Welsford .

(Neither the Constable or Pawnbroker appearing, the property could not be traced to the possession of the prisoner). NOT GUILTY .

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

Reference Number: t17991030-43

546. JACOB STONE was indicted for breaking and entering the dwelling-house of Thomas Hopwood , on the 28th of September , about the hour of twelve in the night, with intent to steal the goods therein being, and burglariously stealing a large copper, value 20s. a cotton bed-gown, value 12d. a nankeen jacket, value 3s. a cotton frock, value 3s. a cotton apron, value 3s. a goose, value 7s. and a yard of calico, value 6d. the property of the said Thomas .

(The case was opened by Mr. Knapp.)

THOMAS HOPWOOD sworn. - Examined by Mr. Knapp. I keep the White Horse public-house, Spital-street, Mile-end New Town : On the 28th of September my house was broke open, I was the last person up that night; I went to bed a little after one in the morning; I examined every part of the house, and found it all safe; I rose a little after six in the morning, and found that the house had been broke open; the man that lives next door to me informed me it had been broke open; I got up immediately, and the first thing I observed was a copper gone, and the brick-work pulled down; I then opened the safe, and there was a goose gone, and all the cloaths were gone off the cloaths-horse; a nankeen jacket, a bed-gown, a cotton frock, a cotton apron, and a yard of calico, they were all in the same room; they got in by wrenching a bolt off the window-shutter, and they broke off the shutter that opens into the skittle-ground; they had got into the back part of the house, and they got out again by unbolting the back-door; upon that I went to Harper, and gave information of what had happened; in consequence of that the prisoner was apprehended; I had a suspicion of the prisoner at the bar; I was present when he was apprehended; I went with Harper to the prisoner's house, the second door from the church-wall, of Bethnal-Green: when I came there I found Mary Tapp cutting sage and onion for the goose; the prisoner was not there at the time; Harper found the copper there, and all the linen that was lost; they were at the top of the house, upon the garret-stairs, inside the copper; Mr. Harper said it was not safe for us to stay there, he directed me to go for Armstrong; I returned with Armstrong and Mason in about twenty minutes, and found Tapp there; we waited there about four hours and a half, till the prisoner came home, about half past two, and he was taken into custody by Harper; the prisoner asked him what he wanted with him; Harper asked him if he knew any thing of that copper; he said, no; then he was taken into custody. I knew the things again when I saw them.

SARAH HOPWOOD sworn. - Examined by Mr. Knapp. I am the wife of the last witness; the prisoner and two more came into our house about

two or three days before the robbery; they had three pots of beer.

Q. Can you speak to the linen, when it is produced? - A. Yes.

SAMUEL HARPER sworn. - Examined by Mr. Knapp. I went to the house of the prisoner on Michaelmas-day; I went with the prosecutor into Stone's room; I had known him many years; Mary Tapp was cutting sage and onion, and the gizzard of a goose was lying by her; I went up the garret-stairs, and there was the copper, with all the other things almost, inside the copper; I took possession of them, and brought them down into the room, and then Mason took them, and has had them ever since; they were never out of my possession till they were delivered to Mason. Mason and Armstrong came in about twenty minutes or half an hour after me. Stone came home, I dare say, three hours after; he came up stairs, and was secured; Armstrong dragged him into the room, and we secured him; he asked what he had done, and I told him it was for stealing those things before his face; he said he knew nothing about it; there were two waistcoats and a shirt hanging by the fire, and a pair of shoes, which he owned, and put the shoes on before our face; he was very wet; we took him to the watch-house.

Court. Q. How far is the prisoner's lodgings from where the robbery was committed? - A. Near upon half a mile, I believe.

JOHN ARMSTRONG sworn. - Examined by Mr. Knapp. I am an officer belonging to Worship-street; I went to the prisoner's house; I heard him say, these are my things; he owned them in the room, and put on his things.

Q. Did he say that was his lodging? - A. I did not hear him say so; he said they were his things.

PETER MASON sworn. - I went to the prisoner's lodgings; (produces the property;) I received them at the prisoner's lodgings; he was taken to the watch-house, and Tapp was afterwards taken to the watch-house; they were put in separate cages, but there was only a partition of an inch thick parted them; I was in the watch-house, nearer to them than I am to you; Stone said, it was a very unlucky thing, and he could not think who could tell them where he lodged; he then asked her what time the officers came; she said, about an hour after he was gone out; he said, what trouble he had brought her into; and asked her if Jack Moore was taken; she told him, no; he said, then don't bring him into it, for I am sure of being found guilty; she said, she must tell them about Moore, for she had already told them about that, and she must keep in the same story; he desired her to say that the work in the loom was his work; she said, she could not, for she had already told the officer it was her own work; and then he said, she might tell what story she pleased; and they then consulted what story they should tell; he desired her to say that he was in bed with her when Moore brought the copper up; he desired her to say, that when Moore knocked at the door, with the copper, she got up, and let him in; and that he being asleep, did not know any thing about it.

MARY TAPP sworn. - Examined by Mr. Knapp. I have known the prisoner five or six years; I lived with him last Michaelmas, and about a month before, in Bethnal-green Road.

Q. What time did he come home that morning? - A. Between twelve and one; he went out again in a few minutes, and returned in about an hour and a half, about half past two.

Q. Was it light or dark then? - A. Dark; he came up stairs, and Moore followed him; Moore had the copper and the linen; he had nothing with him; he came up stairs first; I was in bed; they put the copper and the things into my room, and they continued there till morning, when Moore put them upon the garret-stairs.

Q. What time the next morning did they go out? - A. Not till four o'clock in the afternoon; the officers came on the Sunday in the morning, about half past nine; the prisoner and Moore were neither of them there. I did not go up stairs with the officers, but I saw them bring the things down; there was in the copper, a nankeen waistcoat, a child's frock, a cotton bed-gown, and a piece of calico, like a breakfast-cloth; when the prisoner came home he was secured and taken to the watch-house; I was afterwards taken to the watch-house and put into a separate cage; he said he was very sorry for the situation he had brought me to; he asked where Moore was; I said, he ought to be taken as well as he; he said, no, never mind, don't say any thing about Moore: he said he was sure of suffering himself.(The property was deposed to by Mrs. Hopwood.)

Prisoner. (To Tapp.) Q. Did I ever rent that room? - A. I rented it, at his desire; and he always gave me the money to pay the rent.

Prisoner. She has got two lawful husbands now living.

Court. Q. Are you a married woman? - A. Yes; my husband is at sea.

GUILTY (Aged 32.)

Of stealing the goods; but not guilty of breaking and entering the dwelling-house .

Transported for seven years .

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

Reference Number: t17991030-44

547. ABRAHAM ROBUS was indicted for feloniously stealing, on the 30th of October , seven

handkerchiefs, value 6s. and two yards and a quarter of muslin, value 6s. the property of Edward Gibson , privately in his shop .

EDWARD GIBSON sworn. - I am a linen-draper , No. 49, Bishopsgate-street Without ; on Wednesday evening, at six o'clock, while I was at tea, my shop-bell rang violently; I went down stairs, and there was a gentleman who had hold of the prisoner's collar, and the property was all over dirt; I asked the prisoner what he meant to do with them; he said, he should certainly have pawned them; he begged for mercy, and said he would never do the like again; I sent for a constable, and gave charge of him.

GEORGE AUBREE sworn. - I stopped the prisoner at the corner of Artillery-lane, Bishopsgate-street; a few doors before I came to Sun-street, the prisoner past me, and a young man after him, calling, "stop thief!" I pursued, the young man was scuffling with him, and he would certainly have got away from him, if I had not come up; I took him back to the shop; I did not pick up the things.

JAMES TURNER sworn. - I live as shopman with Mr. Gibson; on Wednesday evening, about six o'clock, our lad was shutting up the shop, and I was clearing some things from the horse that stands at the door; I saw some pocket-handkerchiefs drawing towards the door; I immediately went to the door, and saw the prisoner in the road, winding the things round his hand; I pursued him and laid hold of him; his hands were entangled in the things; he wanted me to take the things, I told him, I would not have them, I would have him; he said, he would be d-'d if I should have him; he then ran away, and I pursued him; and with the assistance of Mr. Aubree, I took him; the handkerchiefs were picked up and brought back by a man that is not here. Thomas Packer saw him bring them.

THOMAS PACKER sworn. - I saw a person pick the handkerchiefs up in the street, and carry them into the shop.

Turner. I can swear both to the handkerchiefs and the muslin.

Prisoner's defence. Distress drove me to it; it is the first time I ever did any thing of the kind. I belong to the Woolwich.

GUILTY (Aged 43.)

Of stealing the goods, but not privately in the shop .

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

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

Reference Number: t17991030-45

548. JOHN GIBBS was indicted for feloniously stealing, on the 16th of October , a feather bed, value 1l. 11s. 6d. a bolster, value 5s. a pillow, value 3s. two sheets, value 10s. a bag, value 6d. and a cord, value 1d. the property of Frances Ogden , widow .

FRANCES OODEN sworn. - I am a widow; I live in Lombard-street; on the 16th of October, I had ordered a press bedstead, and the apprentice boy had it taken from him in Smithfield .

Court. Q. Then it was not your property; it was never delivered to you? - A. No; it was coming home to me.

Court. Q. It never had been in your possession? - A. No.

Court. Gentlemen of the Jury, you must acquit the prisoner; the goods were not the property of this witness, she had never received them.

NOT GUILTY .

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

Reference Number: t17991030-46

549. THOMAS WARD was indicted for feloniously stealing, on the 21st of September , two iron bars, 21lb. weight, value 5s. the property of Thomas Poynder , fixed to a dwelling-house .

THOMAS POYNDER sworn. - I rent a house in Bishopsgate-street ; I know nothing of the circumstances of the loss. I lost two iron bars, I afterwards saw them in the possession of the constable.

FRANCIS BAILEY sworn. - I am a constable; I was sent for to take charge of the prisoner, by Mr. Barnes, Mr. Poynder's foreman, for having broke Mr. Poynder's area; (produces the bars;) one of them I have had ever since, the other I got from one of Mr. Barnes's men.

JOHN BRYDGES sworn. - I saw the prisoner come into Mr. Poynder's yard, I believe it is six weeks ago to-morrow night, it was the same night that he was taken up; he took two bars from the area, one in his hand, and the other upon his shoulder; he ran away with them, I pursued him, he sat one down just at the corner of the public house door, and the other he took into the public house.

Mr. Poynder. These are my bars; here is a piece of wood work wrenched off with it.

Prisoner's defence. I did it from distress; I have a wife, and five children.

GUILTY . (Aged 64.)

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

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

Reference Number: t17991030-47

550. GEORGE COOKE , was indicted for feloniously stealing, on the 26th of September , a silver tea pot, value 3l. the property of Thomas Cording , in his dwelling-house .

JOSHUA BOGGIS sworn. - I live at No. 9, George-court, Piccadilly: On the 26th of September last, a quarter before eight in the morning, I was passing towards Temple-bar, into the city; when I came to the corner of Thanet-place , I saw Mr. Cording go up, with shutters on his arm; I knew the prisoner before; I saw him go into Mr. Cording's shop; he was in the shop, the space of a minute; I turned my face towards the shop door, and waited till he came out; he came out with this tea pot in his hand, holding it down to his side; I said, you have robbed the shop; he made no answer; I said to him, you know I know you; he immediately threw the tea pot down, upon the grating of the kitchen window; he went to get off, and I collared him; we had a struggle for the space of two minutes; I was almost unable to hold him; I let go his collar, and clasped him round the waist; he immediately drew this knife out of his pocket, and said, d-n your b-dy eyes, you b-r, I will stab you, if you don't let me go; Mr. Cording then came out of the passage; I still kept hold of him; I said to Mr. Cording, you have been robbed; he then turned his head and saw the pot lying upon the grating of the window; he then ran to my assistance, the mob thought we were quarrelling, till they saw the knife; Cording and another person, assisted me in securing him; I do not know who took up the pot, but it was delivered into Mr. Cording's hands, and it was carried to Bow-street; we tied his hands behind him, and put him into a coach; I know this is the same tea pot, by the top being off, and by the pattern.

Cross-examined by Mr. Knapp. Q. You say you know it by the top being off? - A. Yes; the knob of the top.

WILLIAM CORDING sworn. - Examined by Mr. Alley. The prosecutor, Mr. Thomas Cording , is my brother, he is a silversmith ; the pot was brought to our house to be repaired the night before it was stolen.

Q. What is the value of it? - A. It weighed near thirteen ounces, it is worth full three pounds. On the 26th of September, about a quarter before eight, I was opening the shop, I had carried part of the shutters up the passage to the private door; I was coming back for more shutters; I saw the prisoner, and Mr. Boggis called to me to come to his assistance; in looking round upon the grating of the kitchen window, under the shop window, I saw this tea pot; I suspected the pot had been stolen, and helped to secure the prisoner; in one hand he had got this knife, which Mr. Boggis has produced; we continued holding him till the knife was taken from him; we secured him, put him in a coach, and took him to Bow-street.

Cross-examined by Mr. Knapp. Q. You are the brother of the prosecutor? - A. Yes.

Q. Are you in partnership with him? - A. No.

Q. Whose tea pot was this? - A. I do not know; a stranger brought it to me.

Q. He is not here to give any account of it? - A. No.

Q. Is it of a modern make? - A. Yes.

Q. Not so modern perhaps but it may have been in use two or three years? - A. Yes.

Q. Independent of the fashion of the thing, do you mean to say, it is worth three pounds? - A. I think it is worth more; it has the weight marked at the bottom, thirteen ounces five penny weights, which I observed when it was brought to me the night before.

ROBERT HARTLEY sworn. - Examined by Mr. Alley. I do not recollect the day, but I saw Mr. Boggis and the prisoner struggling very hard in the middle of the street; I instantly called somebody into my shop, and I went out; the prisoner had got a knife in his hand, I laid hold of his arm, and somebody took the knife from him; Mr. Cording then came up to our assistance; I went over to Mr. Cording's shop door to endeavour to prevent his windows being broke, and I saw the silver tea pot upon the grating, under the shop window; there was a labouring looking man standing by, who said, what is this, and he immediately gave it into my hand; I took it into the shop, and staid there till the man was secured.

WILLIAM BECKETT sworn. - Examined by Mr. Alley. I was passing Mr. Cording's shop a little before eight; I saw the prisoner turn into Mr. Cording's shop, he had on a blue coat, and a brown apron; I thought it was some person employed in his house; just after I saw Mr. Boggis go up to him, and I saw the prisoner drop the pot, I afterwards saw it picked up again, by whom I cannot tell, he was then taken into custody.

The prisoner left his defence to his Counsel.

Q. (To Cording.) Is this your brother's dwelling-house? - A. No, I reside in the house.

Q. Are you his servant? - A. Yes.

Q. Who pays the taxes? - A. I pay the taxes, in my brother's name.

Q. Does he pay you wages? - A. Yes.

Q. Who is assessed for the taxes of this house? - A. My brother; if my brother happens to be in the shop he pays them; he lives in Holborn.

Q. If you pay the taxes out of your own pocket, does your brother allow you them again? - A. Yes.

Q. You sleep in this place? - A. The boy sleeps in the shop to take care of it; I sleep in the house adjoining; the boy is an apprentice, and my brother lets the upper part of the house.

GUILTY Death . (Aged 21.)

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

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

Reference Number: t17991030-48

551. CATHERINE CARROLL was indicted for feloniously stealing, on the 24th of September , a cloth coat, value 10s. and a pair of pantaloons, value 2s. the property of Henry Myers .

HENRY MYERS sworn. - I am a foreigner; at the time this affair happened, I lived in Rosemary lane: On the 24th of September, between ten and eleven o'clock at night, I was coming out of a public-house, the Horse-shoe and Horns, close by Rosemary-lane, the prisoner at the bar asked me if I wanted a lodging, -

Q. Were you sober? - A. I was quite sober; she said her husband was a blacksmith, and so I went with her to an alley adjoining the Blue-Angel, in Cable-street ; I went to bed there by myself; it was a room that she and her husband had hired of the landlord of the Blue-Angel; I waked between five and six oclock in the morning, and missed a pair of pantaloons, and a coat; there was a pocket-book in the coat pocket; I saw them again from the pawnbroker's a few days afterwards.

Prisoner. He gave them to me to sleep with me all night.

Q. Where did you last see the prisoner? - A. In the bed-room.

Q. You did not sleep with her? - A. No; she went away after she had shewn me the room; it was about eleven o'clock when I went to bed.

JEREMIAH CORDINGLEY sworn. - I did live with Mr. Sowerby, a pawnbroker, in Cable-street: On Wednesday, the 25th of September, about nine in the morning, the prisoner brought a blue coat and pantaloons to pledge; she asked half-a-guinea upon them; she said, she did not think that would do, she would go and ask her husband; she returned in about fifteen minutes, and said, it would do; I gave her the duplicate.

Prisoner. I gave the duplicate to Myers.

Myers. I never had a duplicate from her; I found her husband out, he had inlisted for a soldier, and was in the rendezvous house, that was the way I came to find out where the things were. (The property was deposed to by the prosecutor).

Prisoner's defence. This man came home with me, and said he had not a farthing of money, but if I would let him sleep with me all night, I should have these things for as much as I could pawn them for; I returned him the duplicate, and I got him some breakfast; he did not come again for two or three days after. GUILTY (Aged 30.)

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

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

Reference Number: t17991030-49

552. MARY BOX, alias WARD , FRANCES SMITH , ELIZABETH SMITH , and

GEORGE STREET were indicted; the two first for feloniously stealing, on the 7th of October , a gold watch, value 10l. and a gold key, value 10s. the property of Henry Scoen ; and the other two for receiving the same, knowing them to be stolen .

HENRY SCOEN sworn. - My father is an auctioneer in Hamburgh; I have come here for the purpose of learning the English language, as he has a great deal to do with English gentlemen; I reside at No. 5, Leicester-square. On Monday evening, the 7th of last month, between nine and ten o'clock, I was passing through Vine-street, near Chandos-street, the prisoner, Mary Box , took hold of me, and asked me if I would go with her; accordingly I went with her, up one pair of stairs to her chamber, at No. 1, Newton's-court ; when I went up with her, she told me there was a very good looking young woman below stairs; that she would call her up; then she called up the prisoner, Frances Smith , and began to squeeze pretty close to me; I told her there was no necessity for her coming-up; after a little while she asked me to give her a shilling, which I did after a minute or two; she left the room, and then I was alone with Mary Box; I heard somebody calling, Molly; I asked the prisoner if it was not her that was called the first time; she said it was not; but when she was called a second time, she said it was her; in the mean while I missed my watch, for I had put my watch in my waistcoat pocket; it was a gold repeating watch; she was not gone above a minute; when she returned, I immediately missed it, and there were two shillings she had taken from me; I told her that my watch was gone, and challenged her with being the person that took it from me; I searched her, and did not find it upon her; she told me that she had not the watch, but she said Frances Smith had it; I went with her to a public-house, where she thought Frances Smith would be; she went into the public-house, and came out again. and told me she was not there; she went with me through several passages that were unknown to me before; then we came to the end of a court; there were several women standing up; I believe the court led into the Strand; then Mary Box came between me and the others; this woman asked me what the matter was, I told them I had lost a watch; in the mean while Mary Box ran away, and not knowing the different windings, I lost sight of her; I asked the watchman the way to Vine-street; he shewed me the way, and I went back again to the same house where I had been; there were several people that I told of it; at last I went to a watchman, and he went along with me, and knocked at the door where Mary Box lived, as loud as he could for a considerable time; though there was a candle in the parlour, nobody opened the door; I

found we could not do any thing; I went away, and the next morning I went to Mr. Donaldson the constable, to the prisoner's house, in Vine-street; and, upon entering into the house, we found Frances Smith in the parlour, and, by going up stairs, we found Mary Box also; the constable searched them, and did not find any thing upon them; they were taken before Mr. Bond the Justice, and committed; they were brought up again on the Friday following; they did not confess any thing, but denied it, and Mr. Bond discharged them.

Q. Had you been drinking that day? - A. No, I had not been out the whole day; it was a very rainy day.

Q. When had you last seen your money? - A. That evening; I gave Frances Smith one shilling, and the other three sixpences, and then I had two shillings left; neither the money nor the watch has been found.

Q. When had you last seen your watch? - A. I put it in my waistcoat pocket.

Q. Had you any connection with her then? - A. Yes.

Q. Did Frances Smith leave the room before you had connection with her? - A. I cannot say.

Q. Was there any couch inthe room, or a bed? - A. There was a bed in the room.

Q. Were you upon the bed with her? - A. Yes.

Q. Were you upon the bed with this girl while the other was in the room? - A. That I am not sure of.

Cross-examined by Mr. Knapp. Q. Do you mean to swear upon your oath, that you were perfectly sober? - A. Yes.

Q. And when you went in your watch was in your breeches? - A. In my pantaloons.

Q. You afterwards changed it to your waistcoat pocket? - A. Yes.

Q. Do you usually put your watch there for safety? - A. Yes, it was a French watch with an English case; it had no number, but it has the name.

Q. You learned the name from the watchmaker, did you not? - A. Yes.

Q. When you laid down upon the bed, was not your watch very likely to slip out upon the bed upon an occasion of this sort? - A. No.

Q. You did not go to sleep as soon as you got to bed? - A. No.

Q. The watch has never been found? - A. No.

Q. The watchman was examined, and you were examined before Mr. Bond the very day after - A. Yes.

Q. And Mr. Bond discharged them? - A. Yes, because, he said, there was not proof enough.

Q. Street and Elizabeth Smith you know nothing about? - A. No.

Q. You do not know how many other girls there might be in that house? - A. No.

Q. Do not you know it is a house full of girls? - A. Yes.

Q. Was the bed searched at all? - A. Yes, I searched the bed the same evening that I missed my watch; I did not look close enough, or else I might have found it.

GEORGE DONALDSON sworn. - I am a constable in St. Martin's in the Fields; I apprehended the prisoners Box and Fanny Smith, the morning after the robbery; and I apprehended the other two, on Friday the 11th; I searched them very minutely, and found nothing; I searched the room, the bed, and the necessary, and every place, and found nothing.

SARAH WILLIAMS sworn. - I am an unfortunate woman: On the 7th of October last, Monday was a fortnight, I came down stairs to get some rush lights; Frances Smith asked me to bring her one; Elizabeth Smith went with me; I came back to Frances Smith's room; Frances Smith went in and shut the door; Frances Smith, she said, there was a gentleman up stairs that gave her 2s.; Frances Smith went away then, and I saw no more of her; Elizabeth Smith then went and listened at the bottom of the stairs; I staid at the door, and saw the gentleman and Mary Box come down stairs; she ran down into Round-court, and the gentleman after her; she went into Mr. Shepherd's, a public-house in New Round-court; then she went away from there to Mr. Manley's, a public-house; then she knocked at the window, and asked me to lend her the key of my room; I live in Vine-street, and they live in Newton's-court, Vine-street; I gave her the key; then I went up into my own room; she was putting on a white bedgown of mine; I asked her the reason of that, and she said she had borrowed a gown of Mrs. Gorman, and she said Mrs. Gorman might want her gown; Elizabeth Smith then came up stairs into my room; then Frances Smith came up, and put her hand into her bosom, and pulled out a watch; she held it to the candle, and burnt the yellow string; it was a gold repeater apparently to me; there was a key to the string, but whether it was gold or not I cannot say; it seemed to me to be very little bigger than a dollar; it was not a large watch apparently to me; when I saw that, I told them to go out of my room with it, for they should not stay there; Elizabeth Smith then put it in her bosom, and took it down stairs; they all three went away down stairs; then I locked the door and came down stairs to them; then I saw the same gentleman talking to Mary Box directly afterwards; she told

him it was a story, for he was not worth a watch; then Elizabeth Smith came up the street, and told me she wanted to speak to me; I then went with her across Chandos-street into Taylor's Buildings, which leads into Bedfordbury; then she put her hand in the mud; I asked her what she was doing there; she said it was the gentleman's watch; she went up Bedfordbury, I followed her but a very few yards, to the corner of Shelton-court, there I saw Frances Smith standing; Elizabeth Smith gave the watch to Frances; then they went into Chandos-street; I asked them where they were going; Frances Smith said they were going to fetch George Street; then they went away; in a few minutes Mary Box came with George Street; Frances Smith delivered the watch to Street; I do not know what became of it afterwards.

Cross-examined by Mr. Knapp. Q. Were you a Bow-street on the Tuesday, the first day? - A. Yes, I was.

Q. Were you examined there? - A. I was asked where I lived.

Q. You did not tell the Justice then, what you told on the Friday? - A. No, I was not asked any questions.

Q. You heard the prosecutor examined? - A. No, I was taken away, I was not permitted to stay there.

Q. You did not hear him tell his story then? - A. No.

Q. Nor you did not tell the officer? - A. No.

Q. And the prisoners were discharged? - A. No, not till Friday.

Q. And you did not communicate it to the officer or the Justice? - A. No, I did not; I should have told it the first night, but I was threatened so in my own room that night; they threatened me for making them take the watch away.

Q. How long was it after the Friday before they were taken up again? - A. They were discharged in the morning, and I gave information to Mr. Donaldson in the afternoon.

Q. Had you known the prisoners before? - A. Yes.

Q. You see each other every day, I suppose? - A. Yes; I could not do otherwise, when I walked up and down the streets with them.

Q. You mixed with them? - A. Yes, formerly.

Q. You have not been quite so great since? - A. No.

Q. You had had a quarrel then? - A. No, I have not; but if people are unfortunate, they may keep themselves honest, and that is the reason why we have not been so great.

Q. Do you know any of the gentlemen that use their house? - A. No.

Q. Nor they any of the gentlemen that come to your house? - A. No.

Q. Then you never had a quarrel with them about any gentleman that frequented your house, and had afterwards gone to their's? - A. No.

Q. What was the reason why you have not been so great? - A. Because they followed rules I did not like.

Q. And yet you lent them your key that night? - A. I did lend them the key; I did not know what they might want.

Q. That was because they followed rules that you did not like; how many persons live in the house in which you live? - A. Four or five.

Q. Men or women? - A. Women.

Q. In the same way of life? - A. Yes; three of them; there is one that is not.

Q. Do any gentlemen lodge in the house? - A. Only the landlord and his son.

Court. Q. You had some conversation with them about the watch, and you afterwards saw the gentleman; why did you not tell him of it? - A. Because I was afraid of my life, and am now every day.

Prisoner Box. Q. Were you frightened when you came to Newgate to see us, and drink tea with us? - A. Her friends desired me to come; Frances Smith's man, whom she lives with, wished me to come; I said I should be ill used, and they told me, no, I should not: I went, because I thought to hear something more about the gentleman's watch.

Box's defence. I am an innocent woman; I never saw the prosecutor before the watchman brought him to me; when the watchman asked him if I was the person, he said, no, I was not.

Frances Smith's defence. I came up to the end of the court where the watchman and the gentleman were standing; I stood there a considerable time, and the watchman asked him if I was the person, and he said, no, and it was that that cleared us at Bow-street.

Elizabeth Smith's defence. I never saw the watch in my life, nor the gentleman, till I saw him at Bow-street.

Street's defence. I am innocent of the affair.

The Jury immediately declared themselves satisfied without giving the Court the trouble of summing up, and pronounced their verdict,

All Four NOT GUILTY

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

Reference Number: t17991030-50

553. JOHN SLOPER was indicted for feloniously stealing, on the 2d of July , a mahogany plank, value 4l. the property of William Bamford .

WILLIAM BAMFORD sworn. - I am a timber merchant in Houndsditch ; I lost a mahogany plank towards the latter end of June, or beginning of July; I understood a person was taken up for things of that kind, at Worship-street; I went to the office, and, in consequence of information that I received, I went to Mr. Robinson's yard; he is a sawyer near Hollywell-mount, where I saw a piece of my plank; I had missed it three weeks before that; the piece that I found there was ten feet long, two inches and a half thick, and about twenty-one inches wide; a piece had been taken off the side of it, and I saw that piece at Worship-street; I went to Robinson's, I think the day after I had been to Worship-street, and the two pieces together made up the size of the plank that was taken from my premises; I never tried them together, except seeing of them now at the door; there has been a small piece cut off the end of the one, that I found at Mr. Robinson's yard.

Cross-examined by Mr. Gurney. Q. You lost one plank of mahogany? - A. Yes, ten feet long, about twenty-four inches wide.

Q. You employ servants in the timber yard? - A. Yes.

Q. Do you or your servants mark your timber? - A. I speak to this from a mark in the grain of the wood, a curve in the grain.

Q. The next cut to that would of course have the same curve? - A. Yes.

Q. Might not your servants have sold that plank from your yard? - A. If they had, it would appear in my books.

Q. But, in point of fact, might they not have sold that plank? - A. I cannot say.

Q. Are they here? - A. No.

PETER MASON sworn. - I am a Police officer belonging to Worship-street. On the 2d of July, I went to the prisoner's house, and saw that narrow strip of mahogany, and a great deal more; he is a cabinet-maker in Castle-street, Bethnal-green; I asked him how he came by it; he said he bought it of a man at his own door; I asked him if he knew the man; he said, no; I asked him if he knew where he lived, and he said not; he was taken to the office, and the piece of mahogany; the other piece I fetched from Mr. Robinson's yard about a week or ten days afterwards. (They were produced).

FRANCES VYER sworn. - I work for Mr. Robinson: A porter brought this plank to me to be sawed; he gave me orders to cut it into veneers; Mr. Sloper came the next day, the 2d of July, to cut part of it, if I could not the whole, into veneers, as soon as possible in the evening; I was going past the office in Worship-street, and heard of his being taken up, by that means I did not cut the plank, but sent round to the trade, and Mr. Bamford came and owned the plank; I delivered it to the two officers, Mason was one.

Cross-examined by Mr. Gurney. Q. Sloper is a cabinet-maker ? - A. Yes.

Q. And veneers are in constant use in cabinet work, as we all know? - A. Yes, constant.

JOHN WRAY sworn. - I am an officer belonging to Worship-street; I apprehended the prisoner on the 1st of September, and, as I was taking him to the office, he said, he wished Mr. Sloper would take his planks and have done with it; he did not think of being apprehended the second time; he was apprehended before, and tried last sessions for taking a deal board.

Cross-examined by Mr. Gurney. Q. Mr. Bamford did not indict him last sessions when he was indicted? - A. No.

Prisoner's defence. These two pieces of mahogany are two different sorts of wood.

The prisoner called George Edwards , who had known him many years, and gave him an excellent character. NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17991030-51

554. ISAAC MILES and WILLIAM HESTER were indicted for feloniously stealing, on the 26th of September , thirty-two pounds weight of horse hair, value 4l. 16s. the property of William Robbins .

WILLIAM ROBBINS sworn. - I am an agent to Withers and company of Leicester-square, for conducting their business at the water-side at the Custom-house.

Q. Are you a wharfinger? - A. No, I am a porter; I do business for Sir John Francis Baring at the water-side, and a number of other gentlemen who intrust their property to my care; I am answerable for it. On the 26th of September, I landed twenty-six casks of horse hair, containing three thousand two hundred and sixty-one pounds, in three hogsheads, at the Custom-house quay ; two of them the land-waiter gave me out of charge, those I loaded away, one cask was kept in charge for the post entry; it was close by a carriage that had been landed from Hamburgh for Lord Henley in the afternoon; between four and five, I saw the head of the cask off, when I had seen it before, it was well secured with two good lining hoops; the next morning I missed three quarters of a hundred, and eighteen pounds of horse hair, besides thirty-two pounds that I saw the prisoner throw away; it had been weighed in the morning nett, for the King's duty, and put into the cask again; it weighed one thousand three hundred and twenty-seven pounds, besides taking the tare off; I got some information, and went up into the crane-room,

where I saw the two prisoners at the bar, and a man of the name of Shepherd; I saw each of them chuck a parcel of horse hair away into a little bit of a place on one side of the crane-room; either one of the prisoners, or Shepherd, I cannot say which, said, he is coming; I was then about half-way up the ladder; I secured the hair immediately; it weighed thirty-two pounds; when I went down the ladder, the prisoners were at the bottom of the ladder; I was at the bottom almost as soon as they were; I was not more than a few minutes picking it up; I laid hold of one of them, got assistance, and they were both secured, and had before the Lord Mayor; Shepherd has made his escape.

Q. What reason had you to suppose, that the horse hair you so found, was part of that parcel? - A. There had been no horse hair at Custom-house quay for six weeks or two months before that, I am very certain of.

Q. You had not seen either of the prisoners about the cask? - A. No, I had often seen them before, and they must know me; I delivered the horse hair to the constable.

WILLIAM HEADINGTON sworn. - I am a constable; I was applied to immediately after this happened, to take the prisoners in charge; I had a deal of trouble to get Hester along; it was a very wet night, and I could not get a coach; he threw himself down in the dirt several times, till I got to Mark-lane; I pinned him up at the Corn-market a good while, till some people got me a coach; the other man was very obedient, and endeavoured to persuade the other, but he was very drunk, and I could not get him along; Hester afterwards said, I had not got the capital thief, for Shepherd was the principal; he refused to go with me till I got a coach.

Robbins. I have no doubt but it is the very same hair that I weighed in the cask in the morning; it has every appearance of being the same.

Miles's defence. I had been at work all night at night-work; I went down in the morning to see if I could get some work, I could not get any, and between one and two o'clock, being up all night, I went into this cane-room to go to sleep, when I came down they stopped me at the bottom of the ladder.

Hester's defence. I have just the same to say, for I was at work with him and asleep with him.

Miles, GUILTY . (Aged 29.)

Hester, GUILTY. (Aged 28.)

Transported for seven years .

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

Reference Number: t17991030-52

555. WILLIAM THOMAS was indicted for feloniously stealing, on the 30th of September , two geese, value 14s. and a towel, value 6d. the property of William Archer .

WILLIAM ARCHER sworn. - I am a tailor in Whitechapel parish : On Monday morning, the 30th of September, I came down stairs; at six o'clock I went into my back garret, where I saw some blood; I then supposed the geese were taken away and killed; I afterwards got up into the wash-house, adjoining the house where I live; I saw some feathers and drops of blood in the washhouse; I went over that wash-house, and four more, and found feathers on each wash-house; at the end of the wash-houses was a dead wall, which led over to a yard called the Bone-yard; I then supposed it might be some person living in that place; I turned back again left any of the party should see me; I found at the house of the prisoner in the Bone-yard, one goose and a towel; about ten o'clock, the same morning, I got an officer, and he was taken to Lambeth-street office; the goose was dead, they were both alive over night.

Q. How do you know the goose to be your's? - A. The goose I cannot swear to, nor the towel I cannot say any thing to, here is a person here that can.

Cross-examined by Mr. Alley. Q. Did you see the prisoner in the place you call his lodgings? - A. When I went he was at work, his wife sent for me and he came.

ANN ARCHER sworn. - I am the wife of William Archer; I followed the officer, and my husband, and some other people on the Monday, to the prisoner's house; I saw the goose in the officer's hands, and two pair of giblets in a tin kettle, and a small towel; I know the towel to be mine, it is marked with a blue mark, I did not mark it myself, but I can safely swear to it by that mark.

Q. Can you swear to the goose at all? - A. No, it is not in my power to do that.

Cross-examined by Mr. Alley. Q. When was it that you lost this goose? - A. The 29th, or 30th of September.

Q. Just at Michaelmas you know? - A. Yes.

Q. All the persons about London, if they can, will have a goose upon Michalemas-day? - A. Yes.

Q. What does I stand for upon the towel? - A. Townley; it was given to my little child by a relation that is dead, but she is not of age, it was given to me for the child.

Q. Is the child living? - A. Yes.

Mr. Alley contended that the towel ought to have been laid to be the property of the child, but the objection was over-ruled.

JOHN GRIFFITHS sworn. - On Monday, the 30th of September, I went with a search warrant to the prisoner's house; in searching the house, I found a goose in a closet, upon the shelf, and upon

the fire in a kettle, two pair of giblets, and in a basket a quantity of goose feathers, and a small napkin, (produces it); I apprehended the prisoner.

Q. (To Mrs. Archer.) What is the value of this towel? - A. Sixpence.

Mr. Alley. Q. Do you mean to say this foolish thing is worth sixpence? - A. I think it is.

Q. Would any shop-keeper fell you such a thing at all? - A. I do not know.

Prisoner's defence. I know nothing about the cloth, but my wife tells me the child had picked it up about eight o'clock that morning.

The prisoner called six witnesses who gave him a good character.

NOT GUILTY .

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

Reference Number: t17991030-53

556. SAMUEL STANLEY was indicted for feloniously stealing, on the 17th of September , two shirts, value 5s. two pair of stockings value 3s. a silk handkerchief, value 12d. and a bed-gown, value 12d. the property of William Moore .

WILLIAM MOORE sworn. - I live at Ilford, in Essex; I lost the articles stated in the indictment, on the 17th of September, from a booth at Edmonton , about seven o'clock at night; I saw them again on Enfield race-ground, on the 20th; one pair of stocking I found on the prisoner's legs, I have not found the other things; he had five pocket handkerchiefs in his bosom; I charged a constable with him and took him before a Magistrate; the stockings were taken from him at the Magistrate's.

Q. Did you ever see the prisoner about the booth? - A. Not to my knowledge.

THOMAS SADGROVE sworn. - I am a constable, (produces five pocket handkerchiefs, and a pair of stockings); I saw the stockings taken from the prisoner.

Prosecutor. The prisoner said he would go and redeem the other things, if I would go to Waltham Abbey with him; I know these to be my stockings; they had no mark when I lost them, they had but one little hole in the toe, but he had bad shoes, and the bottoms of them are worn out; the property was all tied up in a shirt in the booth.

SARAH MOORE sworn. - I am the wife of the prosecutor: On the 17th of September, I missed the articles mentioned in the indictment; I tied all the articles up in a shirt, and while I turned round to get a gown from under the table, the bundle was drawn away; I saw the stocking again on the 20th, on the race-ground, upon the prisoner; I know them to be my husband's; he told me first, he had bought them; I asked him, where he bought them; he said, he gave ninepence for them; he told me, then, if I would not take him to the cage, he would tell me where the other things were; he said, they were at yon town, pointing to Waltham; he said he had sold them there; he asked me to let him go; I said, no, he must go before a Magistrate; there was a constable with him then.

The prisoner did not say any thing in his defence, but called one witness, who gave him a good character.

GUILTY (Aged 14.)

Confined twelve months in the House of Correction , whipped in the jail discharged.

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

Reference Number: t17991030-54

557. PAUL SPARROW was indicted for feloniously stealing, on the 20th of September , seven cast steel mill-bills, value 3s. 6d. and an iron winch, value 6d. the property of James Hatch , Charles Smith , John Currie , and Leonard Currie .

GEORGE WHEELER sworn. - I am foreman to James Hatch , Charles Smith , John Currie , and Leonard Currie , distillers , at Bromley, near Bow ; the prisoner worked there as a millwright ; the property had been missing a considerable time; the property was stopped at the Flying-horse, in Finsbury-square; I was sent for, and I went to the Flying-horse, and saw the property in the custody of Ray, the officer; the prisoner said that John Roberts was a rogue, and was carrying things to town.

Cross-examined by Mr. Alley. Q. How long has this man been at work at your house? - A. Three years and a half.

Q. Roberts has absconded? - A. Yes.

Q. Roberts carried the property to town, as the prisoner told you? - A. He said he was afraid he was a rogue, and had done something that was not right.

Q. The prisoner never absconded, but was taken up in your service? - A. Yes.

GEORGE CUBBIDGE sworn. - I am a waggoner; the prisoner asked me to bring the parcel to town for him, between a month and five weeks ago; I asked him what they were; he told me they were mill-wrights tools, going into South Wales; he he told me to leave them at George Pope 's, the Flying-horse, in Finsbury-square.

Cross-examined by Mr. Alley. Q. The prisoner gave you this parcel to leave them at the Flying-horse, for Roberts? - A. Yes, he did.

Q. Of course you cannot say, whether Roberts desired him? - A. No.

Court. Q. How came you to take your master's tools? - A. They were packed up in matting, I could not see what they were; I saw them afterwards at Worship-street, unpacked; I know it again by the matting that was round it.

Mr. Alley. Q. As you had not seen the contents of the matting, how can you swear that these things were in the matting? - A. I know that was the matting that I brought.

Q. The first time you saw the contents of the matting was at the office? - A. Yes.

JOHN RAY sworn. - On Friday the 20th of September, I was sent for to take a person into custody at the Flying-horse, Finsbury-square; I saw two parcels lying on the table, one was upwards of a hundred weight, and the other three quarters of a hundred, of old iron, and the articles in the indictment; I took them up stairs, and desired them, whoever came for them, to send down to the office for the officer; two or three days afterwards, as I was going across Finsbury-square, I met the prisoner at the bar, with Pope, and another man; Pope said, in the presence of the prisoner, these are the men that these tools belong to; the prisoner said they were their tools, and they were going to a country job; I said, I would write to the mill, and know whether they were their tools or not; some days after, I was sent for to the Flying-horse, and found Mr. Wheeler there, and I took the tools away from Pope's house to the office; the property that I carried to the office, is the same that I found at the Flying-horse; I apprehended the prisoner at his work at the mills.

Cross-examined by Mr. Alley. Q. Roberts absconded? - A. He did.

Q. The prisoner still continued to work, although this transaction was well known? - A. Yes.

Q. You have told us the prisoner said they were tools for a country job - was it not Roberts that said that? - A. No; Roberts never said it.

Q. Do you mean to swear that you said that before the Magistrate? - A. I do.

GEORGE POPE sworn. - I received two parcels from one of Mr. Hatch's waggoners, George Cubbidge , it was the day that Enfield races began; Mr. Ray had the same parcels from my house.

Cross-examined by Mr. Alley. Q. You spoke to Sparrow about it, and he brought Roberts to you? - A. He did.

Q. Did you ever hear Sparrow claim these things as his? - A. I never did.

Q. Is it true, that that man at the bar ever said that this property was his, and that he was going to take them into the country? - A. He never did in my presence.

Q. Then, if any such thing has been sworn to have been said in your presence, it must be a mistake? - A. Yes; I never heard it.

Court. Q. Do you remember meeting with Ray and the prisoner, and Roberts? - A. Yes, in Finsbury-square.

Q. Was there any conversation took place? - A. Yes.

Q. Ray has sworn, in direct and pointed terms, that the prisoner said they were his own, and that they were going to a country job; - now do you mean to say, upon your oath, that that conversation did not pass? - A. It did not that I know of.

Q. If it has passed, must you have heard it? - A. I must have heard it to be sure.

Q. Did Roberts say any thing about it one way or the other? - A. I understood Roberts they were his, that he was going into the country to work.

Q. (To Ray.) Do you insist upon what you have sworn now? - A. I do; and I wish your Lordship would ask him whether he was sober or not; when I went for the property, he said, d-n my blood you shall not have them out of my place.

Mr. Alley. Q. This man was a witness of your own, for the prosecution? - A. Yes; but he is subpoenaed for the prisoner.

Q. Before this man contradicted you, why did not you tell the Court that he was drunk? - A. He is seldom sober.

Q. Suppose he had confirmed your story, would you then have said he was drunk? - A. Yes, I should, if I had been asked the question. (The property was deposed to by Wheeler).

Prisoner's defence. I am not guilty.

The prisoner called two witnesses, who gave him an excellent-character.

GUILTY . (Aged 45.)

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

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

Reference Number: t17991030-55

558. JAMES CHARLTON was indicted for feloniously stealing, on the 23d of June , four bushels of oats, value 17s. the property of John King .

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

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

(The case was opened by Mr. Knapp.)

JOHN CLEMENTS sworn. - Examined by Mr. Knapp. I am a watchman in the parish of Heston: On the 23d of June, I was between the King's-head Inn and the Rose and Crown, at Hounslow, the Barrack clock had just gone three; the prisoner is a blacksmith , Mr. John Bennet keeps the Queen's-head at Hounslow ; I saw the prisoner come out with a large quantity of hay-bands over his head; he went down a lane facing the Rose and Crown, and I went down the Market-place and met him; I challenged him with having something that I thought he should not have; with that, he chucked them off his shoulders; I put my hand in and found a stoppage, I could get no further, there was a

sack in it; I then cut the hay-bands, and he immediately drew his knife; I asked him what that was for; he said to cut the string; I told him the mouth of the sack was not tied; the sack contained black oats; I carried them away to the King's-head; the prisoner said, for God's sake give me the sack, several times; I would not give him the sack, and then he ran away.

Cross-examined by Mr. Alley. Q. Upon your oath, do you mean to swear that he ran away? - A. He went away.

Q. Did he not walk away? - A. I did not see him run.

Q. How long is it since you were taken up for stealing hay? - A. I never stole any in my life.

Q. How long is it since you were taken up for stealing hay? - A. Never in my life.

Q. Do you know Mr. John Wood , the Hounslow coachman? - A. Yes.

Q. Upon your oath, were you never charged with stealing hay that was sold to Wood the coachman? - A. Never; I found the truss of hay lying in the field.

Q. And you took it away, and sold it to Wood? - Q. Yes; I could not find the owner.

Q. You insinuated that he drew his knife - did you not draw a knife? - A. Yes.

Q. Did he not draw it for the purpose of assisting you in cutting the hay-bands? - A. I did not say he did it with any intention of mischief.

Q. Has he not surrendered himself to take his trial here to-day? - A. Yes.

Q. When did you first give an account of this transaction? - A. The 23d of June.

Court. Q. Is he a master blacksmith? - A. No; a journeyman.

Q. Has he any horses? - A. Yes.

Q. How does he employ them? - A. I cannot say.

MATTHEW AKENSIDE sworn. - Examined by Mr. Knapp. I am ostler at the King's-head at Hounslow: I have met the prisoner several times in Hounslow; I saw him come out of the Queen's-head yard with a bundle of hay-hands, as I supposed them to be; the Queen's-head yard belongs to a Mr. John Bennet that keeps the Rose and Crown; I saw Clements cut the hay-bands; I saw the oats taken out of the sack, the sack was inside of the hay-bands, quite out of sight; the prisoner desired to have the sack, he wanted to shoot the oats in the road, and to have the sack; we took the oats, and the prisoner went away; they were black oats.

Q. Were they such as were used in the stable? - A. No; we did not use any such oats.

Court. Q. How came you up so soon in the morning? - A. The fish-carts came to our house, and I was called up to start a load of fish for Billingsgate.

THOMAS GOATLEY sworn. - I am a constable; the Queen's Head yard belongs to Mr. John Bennet ; the prisoner absconded from the 23d of June to the 7th of September, and sold all his goods off; I was not able to catch him before. I have had the oats tied up in my house ever since. (Produces the sack.) This is the sack I took from the prisoner.

Cross-examined by Mr. Alley. Q. Do not you know he surrendered himself voluntarily? - A. Yes, on the 7th of September he did.

Q. Who rents the stables in that yard? - A. Mr. John King rents a part of the stables, and several other persons.

Q. How many partners has John King? - A. None at all; I know the man well, he keeps four coaches. I searched every stable round the yard, and found no black oats any where but in Mr. John King 's stables.

Court. Q. How many oats did you find in the granary? - A. About five or six quarters.

The prisoner left his defence to his counsel, and called four witnesses, who gave him an excellent character.

GUILTY (Aged 46.)

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

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

Reference Number: t17991030-56

559. THOMAS ROBERTS was indicted for that he, in the King's highway, in and upon Samuel Balding , on the 26th of July , did make an assault, putting him in fear, and taking from his person a half-guinea, a half-crown, and a shilling, the property of the said Samuel .

SAMUEL BALDING sworn. - I am a linen-draper, journeyman to Messrs. Sykes and Batt, in Wood-street: On the 26th of July, myself and three more young men were going up Islington-road for a walk about half past eight in the evening; we went as far as the Angel; we returned till we got to the Woolpack in Islington-road , and there was a violin, which induced us to go in; some brewers' servants were there, singing songs; in another part of the room there was another party of young men; John Gibson , William Samuel , and Thomas Larman were with me in another part of the room: Gibson is a cabinet-maker, he works for his father; Larman is an apprentice to a printer, and Samuel is a cabinet-maker, a journeyman. When the brewers' servants had done singing, I gave some young men two pots of ale.

Q. Were you sober? - A. I had been drinking, but I was perfectly sober.

Q. How came you to be so generous; did you know them? - A. No.

Q. Why did you give them two pots of ale then? - A. Because they were very merry.

Q. What did you drink? - A. Ale; we had nine pots amongst us all; seven pots in our party with the brewers' servants, and two the young men had; I paid three shillings and sixpence as part of the reckoning, and Gibson paid one shilling.

Q. You did not know the brewers' servants, did you? - A. No; we went in accidentally, from hearing the violin. When we came out this party of young men came out with us; I cannot say whether the prisoner was one of them at that time.

Q. How many were there of this party? - A. I cannot be certain; there might be seven or eight.

Q. How came you to treat them? - A. They sung some more songs.

Q. You treated the whole of the company? - A. Yes.

Q. You must have been pretty merry yourself? - A. Yes. When they came out, they took me across the road with them; they all came round me, and I went with them; but finding my own company did not follow me. I insisted upon going back to them; one of them held me by the collar of the coat, and asked me why I could not go with them; I said I would not, I would go back to my own company.

Q. They were pretty merry too, were they not? - A. I suppose they might.

Q. Could not you tell who it was that laid hold of you by the collar? - A. No; it was dark; then I came back to my own company, and walked as far as Sadler's Wells with them; then another party came round us, I do not know whether it was the same, or another company; when we had got as far as the Quakers' Workhouse, which is a few yards below, they threw me down without saying a word to me; they came all on one side of me, and pushed me down.

Q. Perhaps you could not stand very steady? - A. Yes, I could; as I was falling, by the light of a lamp I could see the face of the prisoner, and another that I could swear to if I was to see him; then they all fell upon me together, I cannot say how many there were upon me; I felt a hand in my left-hand breeches pocket, and I put my hand down to endeavour to keep it there; but I could not; I called out for the watch as loud as I could several times, and the watchman came up, and I said, take charge of them rascals in the road, for they have robbed me of seventeen shillings, I said; but upon recollection, I found it was only fourteen, the watchman said he would not take charge, it was out of his beat.

Q. Had you seen the prisoner before? - A. No; not to my recollection.

Q. Had the prisoner hold of you? - A. No; only I saw him and another as I was falling.

Q. Were you frightened? - A. I was.

Q. And you know each of them as well as the other? - A. Yes.

Q. What opportunity had you of observing this young man? - A. A very short time, not a minute; I knew the prisoner again as soon as I saw him in Bagnigge-Wells Gardens.

Q. Where were your companions? - A. They were three or four yards before me when I desired the watchman to take charge; the other party all went away.

Q. Did they run away? - A. I was in such agitation that I cannot say whether they walked away or ran away, but they were in the road when the watchman came; then we met the witness's father, and I went to Clerkenwell watch-house to tell the case, and to report the watchman for not doing his duty; and I learned that he belonged to Pentonville watch-house. On Monday I went to Hatton-garden, and laid an information, and on the Sunday Brown and I were walking in Bagnigge-Wells Gardens.

Q. What had you to do with Bagnigge-Wells on a Sunday? - A. Only for a walk: we watched him out, then we watched him into the Blue Lion, he took a glass of something at the bar, and then he went down the passage towards the Wells again; and then we watched him to the Blue Lion again, and I desired Brown to get some more, and we followed him to the Bull in the Pound; we knew it to be a bad house, and were afraid to go in; then there came out twenty or thirty of them, with the prisoner at their head, with sticks; he said, here are two of them, d-n their bloods, it is of no use for them to holloa now.

Q. What time was it? - A. Half past eleven.

Q. You must have been drinking a great deal? - A. I was quite sober.

Cross-examined by Mr. Alley. Q. What are you? - A. A linen-draper.

Q. Have you served your time to it? - A. No.

Q. Where did you live before you came there? - A. In Cary-lane, at a haberdasher's.

Q. You never served an apprenticeship to any thing? - A. No.

Q. You never saw the prisoner till you saw him by the light of the lamp, the night you were robbed? - A. No.

Q. Upon your oath, am I to take that as an answer, that you had never seen him before? - A. Yes.

Q. Now I ask you, upon your oath, was he not in the public house with you? - A. I cannot say whether he was or not.

Q. Do not you believe he was? - A. He very probably might be.

Q. Will you swear he was not? - A. No.

Q. And yet you swear you were sober? - A. Yes.

Q. Was he or not one of the people that you asked to drink of the two pots of ale? - A. I cannot say; I did not particularly notice him.

Q. You will not swear it? - A. No.

Q. Do you know his name before this time? - A. I did not say.

Q. How long was it before you met him at Bagnigge-Wells? - A. The Sunday week after.

Q. So you haunt public houses and Bagnigge-Wells on a Sunday evening? - A. I do not haunt either.

Q. Upon your oath, did not the landlord turn you out of the house? - A. No; we went away.

Q. Who was it threw the half-guinea upon the ground? - A. The landlord chose to swear that; but it is false.

Q. Upon your oath, did not you throw the money upon the ground, and swear that you would have more liquor? - A. I did not.

Q. When did you call at the public house again? - A. The Sunday following, to ask the landlord if he knew any of the party who were there.

Q. Did you ever mention the name of the prisoner at the bar to the landlord, till after he had said that he knew only one of them, which was the young man at the bar, his neighbour's son? - A. I cannot recollect what he said.

Court. Q. But you must. Were you sober then? - A. Yes.

Q. You went for the very purpose of knowing whether the man knew any of the company, and therefore you must recollect? - A. He said he did not know them, and a person in company said one of them was a neighbour's son.

Q. You left that house without your companions? - A. No; when we came out they took me across the road.

Q. Were you able to walk at that time, and were they not capable of assisting you? - A. No, they were not; I could walk as well as I can now.

Q. Had you not been falling in the dirt? - A. No, I had not.

Q. Did not the watchman reprimand you, on your way home, for the riotous manner in which you conducted yourself? - A. No; he said something, I cannot tell what; but I said we did not want his assistance.

Q. For what was it that that watchman accosted you in the road; did he not offer to assist you, on account of the situation in which you were, tumbling about? - A. I told him we did not want any assistance.

Court. Q. How far from the house was it that you were robbed? - A. It might be one hundred and fifty yards.

Q. Was it more than forty? - A. Yes.

Q. Upon your oath, did you not swear at Bow-street that it was not forty yards? - A. No; Gibson did.

Q. Have you heard of a forty pounds reward? - A. Yes.

Q. Did not the Magistrate at first reprimand you, and discharge the prisoner? - A. He did not reprimand me.

Q. Did he not say the prisoner must be discharged; and reprimanded you for your ill conduct? - A. I cannot recollect.

Q. How long is it since you have been at the public house drinking? - A. As soon as I came here.

Q. Do you recollect drinking such a toast as this, may Tom Roberts pass the herring-pond, and then added a huzza? - A. Upon my oath I did not.

Q. Upon your oath, was it not stated at Bow-street, and did you not, at Bow-street, deny it? - A. I did not, nor any thing like it.

Q. Did not the Magistrate discharge the prisoner? - A. He discharged him upon bail.

Q. Did he not at first totally discharge him from the complaint? - A. I cannot recollect that.

Q. Did there happen to be a quarrel at Bow-street, between the prisoner and one of your witnesses, before he was committed? - A. No; I cannot recollect any such thing.

Q. Had not Mr. Clark discharged him, and afterwards, in consequence of a quarrel, did you not insist upon his finding bail? - A. I never insisted upon any such thing.

Q. Was there any dispute with the witnesses? - A. I heard the prisoner's father saying something to Gibson's father.

Q. Do you know a person of the name of Isaacs? - A. He came forward, and false asserted himself.

Q. Last Wednesday the attorney for the defendant gave you notice of the trial, did you not refuse to take that notice, as you had not had notice before the session? - A. I said I could not consent to any thing; I thought they might get me out of the Court-yard, and that I might forfeit my recognizance.

Q. Do not you know that the prisoner is an honest apprentice himself, apprenticed to his father, and works for his bread? - A. I cannot tell.

Q. Have you not heard it? - A. No.

Court. Q. You told me you did not know you had ever seen him before; and you did not know he was in the company at the public house; and the only opportunity you had of seeing him was when you were falling, how came you to go to the public house, for by your own account, you had no suspicion that this man was one of them? - A. I know that person was aiding and assisting.

Q. You did not know that he was of that party, and yet you went to know who the party were? - A. Because I thought he might be able to tell me; and the landlord said he had heard a noise, and was very sorry for it.

Q. What day of the week was it? - A. On Friday.

Q. What did you go to Bagnigge-Wells for the Sunday week after? - A. For a walk.

Q. Not to see for the prisoner? - A. Yes, I did.

Q. What did you know him again by? - A. The features of his face.

Q. Had he a hat on? - A. Yes.

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

JOHN GIBSON sworn. - I am a cabinet-maker; I work for my father: On Friday, the 26th of July, as me and the last witness, and two more, were going up Islington-road, we went as far as he Angel, and returned as far as the Woolpack; we heard a violin, we went in and had a pot of ale; it was then between eight and nine; soon after being in the house, Roberts and his companions came in; I knew Roberts before.

Q. And he knew you? - A. He might know me by sight.

Q. What is Roberts? - A. A tailor , I have heard say.

Q. Who does he work for? - A. I cannot tell who he works for in particular.

Q. Did you speak to him? - A. Not particularly.

Q. Knowing him by sight, I suppose you said, how do you do? - A. I do not know that I did.

Q. How many were with him? - A. I dare say eight or nine of them.

Q. Did you make yourself known to him? - A. No.

Q. What sort of men were with him? - A. Young men like himself.

Q. Did you tell Balding you knew one in that company? - A. No; after being in the house some time, Roberts's companions began to sing songs; after singing two or three songs, Balding gave them two pots of ale to sing more.

Q. They were as well drest as yourself, I suppose? - A. Yes.

Q. Should not you have been affronted if any body had offered you a pot of beer to sing a song? - A. No, I should not; there were some brewers servants in the house, and they sung likewise.

Q. What had you to drink while you were there? - A. Nothing but ale; there were nine pots, I believe, in all.

Q. Was you sober? - A. Yes.

Q. Are you sure of that? - A. Yes.

Q. Which of them was tipsey? - A. There were two of them, William Samuel , and Larman. Samuel went home, I saw no more of him.

Q. You and Balding were perfectly sober? - A. A. I can answer for myself.

Q. How was Balding? - A. I think he was sober.

Q. Who came out of the house first? - A. Roberts's party and our party were intermixed; as soon as we came out of the house, I perceived Balding to be in their company across the road; Larman being intoxicated, I took care of him.

Q. You had enough to do to take care of him, I suppose? - A. Yes; we walked a little way on the road, and Balding came over to us; we went on about the length of this court down the road, Roberts's party came up to us again; I got on a little forward with Larman; when I turned my head, I saw them all upon the ground together; I went up to him and he told me he had been robbed; he immediately called the watchman to take those rascals in the road, for they had robbed, him; they were still going down the road, and the watchman said they were out of his beat.

Q. And the robbery was spoke of loud enough for the man to hear it? - A. It was loud enough for the watchman to hear, that is all I know.

Q. Then you did not see the persons of any of them, to know them? - A. No.

Q. Did not you think that an odd sort of robbery without any noise? - A. No; they made no noise.

Q. They did not rob you? - A. No.

Q. Has it not struck you as a very odd thing that you should see your friend down, and he should say he was robbed, without any thing being said; did it not occur to you as a very extraordinary thing? - A. They did not know that I had any money about me; but they saw his money. He paid the reckoning.

Q. And you paid a part? - A. No, I did not.

Q. Who paid the other shilling? - A. There was no shilling in particular; I gave Balding a shilling before the reckoning was paid, that one might pay the whole.

- LARMAN sworn. - I was at the public house with the two last witnesses.

Q. Had you been at any other public house? - A. No.

Q. You got rather tipsey? - A. Yes, rather so.

Q. Did you know any body in the house? - A. Yes, I knew the prisoner at the bar.

Q. Did you speak to him? - A. Yes.

Q. And Gibson saw you speak to him? - A. I do not know that.

Q. You spoke to him as knowing him, did you call him by his name? - A. Yes.

Q. Did you not say to Roberts, come Roberts,

I will give you another pot of ale to sing again? - A. No.

Q. Who was it said that? - A. I believe Balding, I cannot say.

Q. Did you see Balding upon the ground? - A. No, I did not see him down.

Q. Nor you did not see your old friend Roberts there? - A. No.

Q. Then the next day you told him Roberts was one of the party? - A. I told him that I knew Roberts, and that he was in the house.

MICHAEL BRADY sworn. - I am a watchman, No. 1, Sadler's Wells: A few minutes after eleven these three gentlemen came down from the Woolpack, I heard the alarm of their coming, they were very much in liquor, and one of them fell down against my box; I went over to help them, and this gentleman said they did not want my assistance. They seemed to me to be all in liquor. They went down the road, and I came back; I heard them call the watch, and I went to them, and one of them called me an old vagabond for not taking charge of those people; I did not see any one but themselves; there was an old man on the other side of the way, and they said he was not one of them; I saw nobody at all about; I saw nobody else going down or up.

NOT GUILTY .

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

Reference Number: t17991030-57

560. WILLIAM ROBINSON was indicted for feloniously stealing, on the 8th of October , seventy-two pair of men's leather gloves, value 3l. and thirty-six pair of women's leather gloves, value 2l. the property of Thomas Skinner , and Richard Knight .

THOMAS SKINNER sworn. - I am a glover , in partnership with Richard Knight in Gutter-lane-Cheapside: On Tuesday, the 8th of October, we sent a parcel of gloves from our warehouse, to Mr. Charlesworth's in Holborn, and I understood one of them was stolen the same evening.

JOHN BLUNDELL sworn. - I am servant to Thomas Godwin, a warehouse-man; Mr. Skinner has the back warehouse, and our's is the front; I was going to the other end of the town, and Mr. Skinner's man asked me if I would take a parcel to Mr. Charlesworth's in Holborn, there were three parcels; the two large ones were tied together, and I carried them upon my shoulder, the other I carried under my arm; I carried them as far as Snow-hill, and there was a boy that I knew with a cart; he asked me where I was going, and I told him; I put my parcel into the cart and walked at the tail of the cart, till I got to Fullwoods-rents in Holborn ; I was rather on the side of the cart, and the prisoner at the bar came to the tail of the cart and cut the top parcel from the other, I saw him do it; I immediately pursued him, and told him, it was my parcel; I got hold of his coat and he attempted to run away up Fullwoods-rents; there were some people standing there, against the rails, and he struck me, I called after him stop thief; he had a bundle under his arm, and a gentleman took hold of him; when I found my parcel was safe, I went after the cart for my other parcels, and he was taken to Hatton-garden; I went to Hatton-garden and he was committed.

THOMAS DEAN sworn. - On the 8th of October, I was going up Holborn, past Fullwood's-rents, and heard the last witness say to the prisoner, master, you have got my parcel; I immediately looked round towards Fullwood's-rents, and saw the prisoner a few steps down Fullwood's-rents; he was turning from Fullwoods-rents and passing me down towards Gray's-inn-lane; I asked the witness, if that was his parcel; he replied, yes; I then caught hold of the prisoner; he threw down the parcel from under his left arm; he asked me what I wanted of him, and used every means in his power to rescue himself from me; I took him to Hatton-garden.

GEORGE LONGDEN sworn. - The prisoner and this parcel was brought to me, that is all I know of it. (The property was deposed to by Mr. Skinner.)

Prisoner's defence. I know nothing of it.

GUILTY . (Aged 33.)

Transported for seven years .

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

Reference Number: t17991030-58

561. JOHN, otherwise JOSEPH BROWN was indicted for feloniously stealing, on the 22d of October , a brown-mare, value 6l. the property of Joseph Hills .

JOSEPH HILLS sworn. - I live at High-Beach, in Waltham-Abbey parish ; I am a labouring man : I lost a brown mare from the Forest; I cannot say when I saw her last, it might be a week or a fortnight before it was found; I did not know it was lost till then; she was about ten years old, she had a very little white about her; she was about fifteen hands high, she had no marks, but some gray hairs upon her rizzen; I saw her at the Swan-inn, Whitechapel, last Wednesday week; I am sure it was my mare, I have had her ever since she was one year old; I bought her at a sale; I am sure it is her; I know nothing of the prisoner.

WILLIAM PALMER sworn. - I make hardening for the gun-smiths and anchor-smiths: On the 22d of October, I was throwing up some dung and rubbish in my yard in Whitechapel; I saw the prisoner go past upon the mare, about half past

three o'clock in the day; I asked him where he was going with her; he said, he was going to sell her; I never saw him before to my knowledge; I saw him going towards the boilers with her; he had no halter, but a whip was tied round her nose; there are three boilers close by, they are all licenced; it was a brown-mare, very pot bellied; I asked him what he would have for it; he said, two guineas; I told him they were very cheap now, I would give him a guinea; he said, he could not take that money; then all at once, he said, you shall be a pint of gin, and you shall have it for a guinea; I went and got a halter to put upon the mare, and I went to a public-house to pay him for her; he took the mare with him to the Star and Garter; I went and looked after Mr. Monk to look at it, he is a boiler; he asked me what I gave for it, and he told me directly he did not think it was honest.

Q. What did Monk say she was worth? - A. He said, he thought she was worth about 4l. she was very poor; then he asked me where the man was; I told him in the tap-room; then Mr. Monk asked him if he could bring any body to witness who he was; he said he could not then; Mr. Monk sent for an officer and he was taken into custody; he said he had brought her from his brother's a horse-dealer; that his brother had sent him up to sell it; but I cannot recollect where he said he came from; the Police-officer found out the prosecutor.

Q. How came you to buy the horse? - A. Mr. Monk, and all the boilers, allow me one shilling a piece for every horse that I get them; I bought it for Mr. Monk.

Court. You see what a dangerous situation you might bring yourself into by these sort of dealings, it is highly improper.

JOHN NOWLAN sworn. - I am an officer belonging to Lambeth-street: On the 22d of October, I met Palmer in Whitechapel; he asked me to go with him to the Star and Garter public-house, to take charge of a man on suspicion of having stolen a horse; when I went into the public-house, he was sitting in the box; I asked him who that horse belonged to that was tied opposite the door; he said it belonged to him; I asked him where he had it from; he said, he had it from his brother; I asked him where his brother lived, and he said in Hoddesdon; I asked him what his brother's name was; he said, his name was White, that he dealt in horses; I searched him, and found some horse's hair in his pocket, which corresponded with the hair upon the horse's tail; I asked him how he came to cut the hair off the horse's tail; he said, he had a right to do as he pleased; I found a turnpike ticket in his hat, which belonged to Stamford-hill turnpike; I told my brother officer, I suspected it had come off the Forest; I went next day, and met a man in the forest; I described the mare to him, and he told me he knew the mare; I found Hills, and shewed him the mare.

Q. (To Hills). Was the mare that Nowlan shewed you, the same mare that you lost? - A. Yes; she had lost part of the hair off her tail.

Q. What is she worth? - A. Six pounds; she is found, as far as I know, wind and limb.

Q. Has she had a foal? - A. Yes.

Q. How many? - A. Only one; she had a wen upon the side of her belly, which I cut off by tying a horse-hair round it, and there is the mark of it.

Prisoner's defence. I had the mare of my brother, at Hoddesdon.

GUILTY Death . (Aged 23.)

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

Reference Number: t17991030-59

562. JOHN, otherwise JOSEPH BROWN , was again indicted, for feloniously being found at large before the expiration of the time for which he was ordered to be transported .

JOHN NOWLAN sworn. - (Produces a copy of the record of the prisoner's conviction.) I received it from Mr. Shelton's office; Mr. Shelton signed it; (it is read). I apprehended the prisoner on the 22d of October; I was present in Court when he was tried before, in February Sessions; I am sure he is the same man, the Jury found him guilty.

Prisoner. Q. Did you not say, to another officer, that you did not know me? - A. No; I said I knew his face very well, his name was Brown, and then he owned to it.

THOMAS SIMPSON sworn. - I am servant to Mr. Kirby: I recollect the prisoner perfectly well, he was tried and convicted of horse-stealing; he received a pardon on condition of being transported for life; he was sent away from Newgate on the 30th of July, to Langston-harbour; Mr. Kirby has the receipt.

Prisoner's defence. I was sent to Langston-harbour, and was there starving alive, and a hundred of us besides, and I found means to get away.

GUILTY Death . (Aged 23.)

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

Reference Number: t17991030-60

563. WILLIAM CHIPPERFIELD was indicted for feloniously stealing, on the 17th of October , a ream of paper, value 10s. the property of William Boxham , Henry Fourdrinier , Charles Fourdrinier , and Seally Fourdrinier .

(The case was opened by Mr. Knapp.)

GEORGE BANGLEY sworn. - I am clerk to Messes. William Bloxham , Henry Fourdrinier, Charles Fourdrinier, and Seally Fourdrinier: The

prisoner was our carman , he had been about four years in our service; I went to our cart-lodge, between the cart-house and the entry going into the warehouse, it is a place parted off to keep the hay-tub; it is upon our premises in Sherborn-lane, it is under the gateway, so that we load from above through a trap-door; I found a ream of paper placed among some hay-bands, in a very suspicious manner, in the entry; I examined it, and found that we had got paper above stairs of the same quality; I tore up the wrapper about an inch, I also tore out part of the first leaf of the first quire, to see if I knew the paper; then I untied the ream and took out a quire, and found that the manufacturer's name was Furness, we had bought one parcel of them only; I then replaced the paper in the same situation it was before; the prisoner was the first man who returned from his business, he had been out with the waggon, he took his horses out; I went the back way and waited till he came up with his horses; he had something with him, and, I think, a great coat over it; I put my hand upon the package, and found it was this ream of paper, in the nose-bag that the horses are fed by; I examined the stock, but cannot say that I missed it; we had corresponding paper up stairs; we cannot miss a ream of paper.

Cross-examined by Mr. Knowlys. Q. Furness is a very considerable manufacturer? - A. Yes.

Q. And he deals with other houses of course? - A. Yes.

Q. And when you examined, for the purpose of ascertaining whether you did miss a ream or not, you could not miss it? - A. I could not.

Court. Q. How long has he lived with you? - A. Four years.

Q. Did you ask him any questions about it? - A. He said, in a confused manner, that it was given to him.

The prisoner called two witnesses, who had known him from his infancy, and gave him an excellent character.

GUILTY (Aged 28.)

The Jury and Prosecutor recommended him to mercy .

Confined one month in Newgate , and fined 1s.

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

Reference Number: t17991030-61

564. GEORGE HAYNES was indicted for feloniously stealing, on the 31st of October , a pound weight of wool, value 1s. the property of persons to the Jurors unknown .

JOHN SEALLY sworn. - I am a constable: I was on Galley-quay on the 31st of October; I saw the prisoner take some wool from a bag on the wharf; I took him into custody, and on his person I found this wool (producing a bundle); there were about two loads of wool on the wharf; there were about eighteen or nineteen bags; they weigh about one hundred and a half, or two hundred a piece; the prisoner works on the Quays; there was a hole tore in the bag.

Prisoner's defence. I picked it up, bit by bit, as it had dropped out of the bag.

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

GUILTY . (Aged 36.)

Publicly whipped upon Galley Quay .

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

Reference Number: t17991030-62

565. MOSES DAVIS was indicted, for that he, in the King's highway, on the 25th of September , upon William Riley , did make an assault, putting him in fear, and taking from his person a linen pocket, value 1d. 2s. and 4d. the goods and monies of the said William Riley .

(The case was opened by Mr. Knowlys.)

WILLIAM RILEY sworn. - Examined by Mr. Knowlys. I was a seafaring man till I was disabled in his Majesty's service ; I live at No. 2, Garden-court, George-yard, Whitechapel, I have lived in that house these three years. On Wednesday, the 25th of September, Bracher and I went into the White Swan, in Gate-street, Spitalfields; we did not stop there half an hour.

Q. Were you sober? - A. I had been after having a glass of liquor, but I was able to take care of myself; we only had six pennyworth of gin and water, that was all we had had; when we got to the corner of George-street, coming into Wentworth-street , the prisoner at the bar came up with Solomon Robus and John Colley ; I have known Colley these three quarters of a year; before we came up to them, one of the three said, we will rake them, and the other made answer, we will let them know that we are the bl-dy crew; upon this Colley, the smallest of the three, came up, and made a snap at my hair, and I got loose from him, and then Solomon Robus came up, and run a knife, or some other instrument, over my eye; the mark is to be seen now; then the prisoner at the bar knocked me down with his fist, and, while I was down, he ran his hand into my pocket, and tore it out entirely; it contained two shillings and some halfpence; but I do not know how many; when I felt the pocket go, I screamed out, and they beat me, and left me for dead as they thought, and one of them stamped upon me, but I do not know who did, for I was violently beat; I was three weeks bad with my eye; when I stopped down, my eye used to bloat up and swell, that I could not see at all; I was carried home to my own

house, and my lodger is here to prove the condition I was in; I was beat in that condition, that I was stupid for three days afterwards; I was three weeks before I was able to get my living.

Q.Are you sure the prisoner was the man that took your pocket and your money? - A. I am perfectly sure he is the very man; I had known him three quarters of year before; I have seen him scores of times backwards and forwards, at a bagnio in Spitalfields, when I was at my day-labour.

Cross-examined by Mr. Knapp. Q. How long is it since you have been a seafaring man? - A. I have served my King and my country sixteen years, till the year 1797.

Q.What ship did you serve in, in the year 1797? - A. The St. Alban's, 64.

Q.Was that one of the ships that was at the Nore? - A. No, we were at the taking of Port- au-Prince; and that year I was invalded.

Q.Was the St. Alban's one of the ships that wa- in the muslin that we heard of in 1797? - A. No, that I can swear.

Q.That ship was not one of the mutiny ships? - A. No.

Q.You perhaps belong to the service now? - A. NO, I am not, I am under pay from the service; I am a prisoner to his Majesty in Green which Hospital.

Q.When did you receive your pension? - A. Last quarter-day after Michaelmas quarter.

Q.About a month ago? - A. Yes.

Q.How long have you been an out-pensioner? - A. Three years next April.

Q.You were an invalid? - A. Yes.

Q.Upon what account? - A. I was a marine, and disabled on board the St. Alban's; at the time that that mutiny was, I was in the Royal Hospital; I went from Chatham to Haslar Hospital.

Q.Who did you receive your pay from? - A. George Bates , deputy agent.

Q.Where does he live? - A. I do not know, I met him at Greenwich in the office.

Q.At the Hospital? - A. Yes.

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

Q.Where were you invalided? - A. In the left leg.

Q.You could not now serve as a seaman on board his Majesty's ship? - A. No.

Q.Nor you have not offered to serve again? - A. Yes.

Q.You had not a broken leg? - A. No, it is now nicely healed up, thank God Almighty; but it always breaks out in summer time, when the heat comes.

Q.Have you ever offered to go again? - A. I offered to go as cook.

Q.When was that? - A. Last year.

Q.Have you offered since last year? - A. No, I think I have done sufficent.

Q.You only knew these people by having passed and repassed this bad house? - A. Yes.

Q.And you never was in their company? - A. No, I never had any conversation at all with them.

Q.You never knew their names before then? - A. Yes, I did.

Q.You never had any quarrel with these people in your life? - A. Never.

Q.And the first salutation when they came up to you was, that they would rake you? - A. Yes, and there was a publican came to my assistance.

Q.Is the publican here? - A. Yes.

Q.How far were you from the public-house? - A. Not three hundred yards; there are six here that can prove it.

Q.Six persons came to your assistance? - A. Yes.

Q.Had you no more than sixpenny worth of gin and water between two? - A. No; and I am not sure whether there was not another person that had some of it.

Q.You seemed to doubt at first whether you were drunk or not? - A. I had had no more, except a pot of beer to nourish me while I was at work at the water-side; not more than two pots of beer had I had the whole day.

Q.And that you mean to stand to? - A. Yes.

Q.I dare say your friend gave you all the assist once he could? - A. He was knocked down too; he could not give me any assistance; he had some assistance, but they were served the same.

Q.How many persons were there that attacked you, only these three? - A. No, no more at that time.

Q.I take it, that having served your King and country sixteen years, you did not suffer all this treatment without resisting it? - A. He is a very stout strong man; we made all the resistance we could.

Q.Had you any stick in your hand? - A. No.

Q.Then you and your friend made all the resistance you could? - A. Yes, and I was left at the mercy of their hands.

Q.Was your money ever found again? - A. No.

Q.Nor was there any particular mark upon it, if you had seen it again? - A. No.

Q.Nor the pocket you would not have known? - A. No.

Q.There was no quarrel, nor fighting between you, but a word and a blow? - A. Yes.

Q.I take it you have always gone by the name of Riley? - A. Yes; I have gone by my mother's name by people that did not know me by any other name.

Q.Did you never add any other name to it, such as Patrick Hall ? - A. No.

Q.That you are sure of? - A. I am certain of it.

Q.You have never been in this Court before? - A. No, except the other day up in the gallery.

Q.You never were in Newgate? - A. Never.

Q.Not to see any friend? - A. No, nor upon any other account.

Q.You have been before a Magistrate, have you not? - A. Yes, about some cloaths I had pledged; they were my own cloaths; I had bought them and paid for them, and I was discharged.

Q.That is the only time you were ever before a Justice? - A. Yes.

Q.Were you before the Magistrate more than one day? - A. I got drunk with these cloaths, and I was brought up again next day, and I was able to give an account of myself; it was for my own cloaths.

Q.Have you some of the officers here to give evidence for you, that apprehended the prisoner? - A. Yes.

Q.I dare say it did not happen to you, to have any conversation with them about this business since you have been attending here? - A. Not a word, except speaking about keeping in the way.

Q.They took two shillings from you in the pocket? - A. Yes, they tore the pocket out clean.

Q.Altogether; I suppose it was not worth more than 4s.? - A. Two shillings and some halfpence.

Q.Have you never heard of a reward of 40l.? - A. I came here for the good of the public.

Q.Have you never heard of a reward of 40l.? - A. I never knew the consequence of it; I have several times heard talk about it, but it is not for that I came here.

Q.Upon your oath, do you not know there is a reward of 40l. coming to you if this man is convicted? - A. I have heard that it lies with my Lord; I do not want it.

Q.You mean to refuse it if my Lord should offer it to you? - A. I do not want to refuse it.

Q.You are a poor seafaring man? - A. No, thank God, I do not want any money.

Q.Who is at the expence of this prosecution? - - A. I pay for some of it.

Q.Who pays the rest of it, the officers? - A. Not a farthing upon my oath; they have not paid a farthing.

Q. Who then? - A. The rest of my comrades, myself, the landlord, Francis Bracher , and James Bush .

Q.Who paid for the indictment? - A. I paid part, and the landlord part.

Q.Do you know Mr. Ives? - A. No.

Q.Were you not tried, for a mutiny, and dismissed the service? - A. No; the time that mutiny was, I was lying upon my back and could not stir; I disown such.

Q.I suppose, during the course of that night, you did not tell any body that you had lost any thing? - A. No, I was not able; I was confined for three weeks.

Q.Did you not tell several persons, that you had lost nothing? - A. No.

Q.Do you know Armstrong and Ray, the officers? - A. Yes.

Q.Did you never tell them that you had lost nothing? - A. No.

Q.Did you never tell Sansum so? - A. NO.

Q.What did you take out your first warrant for, was it for a robbery, or for an assault? - A. There were two warrants taken out at Worship-street against me, and they would not admit me to speak at all, and then I went to Lambeth-street, and took out a warrant for the robbery; the other two warrants were not taken out by me, they were taken out by George Gilson and James Bush .

Q.When did you go for the warrant? - A. I went with them the next day to the office, but they told me, as the other two were taken out, it was enough; I did not take out that warrant till October.

Q.What did they charge the prisoner with? - A. For stabbing the landlord, Glison, in the side, and the other man in the cheek.

Q.Where was the prisoner committed from? - A. Worship-street.

Q.What was the ground of your complaint at Lambeth-street? - A. I went on the 3d of October, and made the same complaint that I have now; I told them every thing, the same as I have told your Lordship.

Q.Do you mean to say that you have always stock to its being a robbery? - A. Yes.

Q.Did you to execute the warrants with the officers? - A. I did.

Q.More than one warrant? - A. Only two.

Q.Do you mean upon your oath to say that you stated to the officers, at all times, that you were robbed? - A. Yes.

Q.Did you tell Armstrong and Ray, that you had been robbed? - A. I had no conversation with them at all.

Q.Do you mean to swear you had no conversation with Armstrong and Ray about the robbery? - A. I had not.

Q.Do you know a person of the name of Levy? - A. Not to my knowledge.

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

Q.Had you no conversation with him the Sunday after, at the George-inn, George-yard? - A. I was not at the George, to my knowledge, on the Sunday.

Q.You never had any conversation stating, that you had lost your pocket and your money? - A. I do not know the man at all.

Q.Had you any conversation with any body about it? - A. Not that I know of.

Q.Was not the question put to you whether you were robbed of any thing, and you said, no, you were not? - A. No.

Mr. Knowlys. Q. This happened on the 25th of September, in the evening? - A. Yes.

Q.When was it that this man was taken up? - A. Not for a week or a fortnight after.

Q.Gilson and Bush took out warrants against these people? - A. Yes.

Q.Were Gilson and Bush with you at the time you were actually robbed? - A. No.

Court. Q. When you were knocked down, were you stunned? - A. Yes.

Q.Then how do you know it was the prisoner that took your pocket and your money? - A. I was not so stunned, but I knew what they were doing to me; I know that is the very man that took my money.

Q.Were you not so stupified that you might have mistaken one man for another? - A. No; I am very certain that is the man, and Robus is the man that ran the knife over my eye.

FRANCIS BRACHER sworn. - Examined by Mr. Knowlys. I live at No. 41, Rose-lane Spitalfields, with my father, who is a tallow-chandler; I was with Riley when this affair happened; we had been at the White-swan, in Gate-street; when we got to the corner of George-street, just by Wentworth-street, I saw Moses Davis , the prisoner, and John Colley , and Solomon Robus came up and knocked down Riley with his sift; then Davies came up and struck me; then I went back to Mr. Gilson's at the White-swan; I left Riley lying in the kennel, and Colley, Robus, and the prisoner round him; they were kicking him; I was afraid I should be hurt, and I went back to Gilson's for assistance; Gilson and Bush came with me, but he had got away; I did not see him again till the next morning, I found him all over mud, and his eye cut about an inch long.

Q.Did he appear to have lost much blood? - A. I cannot say; he appeared bruised, and so very much hurt, that he could hardly speak the next morning.

Cross-examined by Mr. Knapp. Q. Did you hear of a charge of robbery either that night or the next morning? - A. The next morning I did.

Q.Did you see any thing like a robbery while you were there, before you went to the public-house? - A. No.

Q.Upon your oath do you believe, from what past, that there was a robbery committed upon Riley's person or not? - A. I cannot say.

Q.Have you never said since that you did not believe there was a robbery committed? - A. I did not say that; I did not believe it, because I did not know any thing about the robbery.

Mr. Knowlys. Q. Had you an opportunity of observing, as an indifferent spectator, or were you looking after your own head? - A. I had my arm cut in two places.

Q.Was your attention directed to your own life then, or this poor man's situation? - A. My own life.

Q.Were you much wounded? - A. Yes; I lost a deal of blood.

Q.Did you conceive your own person in danger? - A. Yes, indeed it was.

Q.(To Riley) Do you mean to insist upon it that it was Davis, who knocked you down and took your money? - A. Yes, I am certain of it.

JOHN READ sworn. - Examined by Mr. Knowlys. I am an officer under the direction of the Lord-Mayor; I apprehended the prisoner at the bar, on the 9th of October, I knew him before; when I laid hold of him, he said, I am sold.

Q.Had you at that time explained to him, why you had apprehended him? - A. No; I had not.

Cross-examined by Mr. Knapp. Q. You have nothing to do with this prosecution? - A. No further than I have said.

Q.You do not help the poor prosecutor with respect to the expences? - A. Not a farthing.

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

Q.Did you state this expression before the Justice, about being sold? - A. No; I was not asked a word about it.

CHARLES SANSUM sworn. - Examined by Mr. Knowlys. I am one of the city constables; I was in company with Read, at the time the prisoner was apprehended; he said, he was sold, I think that was the word he made use of, as far as I can recollect, and he wanted me to tell him who sold him.

Cross-examined by Mr. Knapp. Q. You are not certain that he made use of that expression? - A. He did at the Compter, several times, and I think that was the expression he made use of when he was apprehended.

Prisoner's defence. My Lord, and Gentlemen of the Jury, the charge that is laid against me, I am as innocent of as the child in its mother's womb.

For the Prisoner.

THOMAS IVERS sworn. - Cross-examined by Mr. Knapp. I am a press-master; I know the prosecutor perfectly well.

Q.Did you know him on board the ship? - A. No; I stopped him about five months ago, and he told me he was a delegate.

Q.What did you understand by that? - A. We had orders from our captain not to press any men of that description.

Court. Q. In order to prevent his being pressed, he told you he was a delegate? - A. Yes.

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

NOT GUILTY .

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

Reference Number: t17991030-63

566. HENRY HUGHES was indicted for feloniously stealing, on the 15th of September , a silver watch, value 3l. the property of David Ecklee , privily from his person .

DAVID ECKLEE sworn. - I am a dealer in pigs ; I was at the Castle public-house, in Tothill-street, Little Gray's-inn Lane , on Thursday, the 15th of September, about three o'clock in the afternoon; after I had had some victuals I laid myself down and went to sleep on the settle.

Q.Were you in liquor? - A. No; I had only drank one pot that day.

Q.Do you mean to say, then, that you were perfectly sober? - A. I had no concern in liquor at all; when I waked I found my breeches unbuttoned; I might be asleep about an hour; and a woman said directly that I was robbed; I saw my watch just before I fell asleep, and the woman of the house likewise.

Q.How came you to look at your watch in the public-house? - A. I had come from Romford with a drove of pigs; when I waked I missed my watch, I have never seen it since; there was no other person in the house but the prisoner and the woman that waked me; he offered to let me have the watch again directly, if I would give him a leg of mutton and trimmings.

Q.Was that woman the landlady? - A. Yes; when I waked the prisoner was gone; I took him the next morning, at the Three Compasses, about half a mile from where I was robbed.

- BROUGHTON sworn. - I heard the prisoner say that the prosecutor had got a watch, and he would have it; that was the same afternoon that the man was robbed; I was in the next box to the prisoner; I saw the prosecutor lie down and go to sleep, and I fell asleep too in the adjoining box; the prisoner was in the tap-room at that time; I did not wake till the people were all gone, the landlady awoke me.

Prisoner. Q. Which was the nearest to the prosetor, you or I? - A. I was; the box parted us.

RAINBOW POTTS sworn. - I keep the Castle: I saw the prisoner get out of the box that he was in, and go to the box that the prosecutor was in, and lie down; he had not lain there long when he came to the bar for a glass of gin, and went out immediately; I awoke the young man, his breeches were unbuttoned, and I asked him if he had not lost his watch.

Q.Had the prosecutor drank any liquor? - A. No; he was perfectly sober.

Q.Do you know the last witness? - A. Yes, he is a young man of very good character, he lives servant with a brother of mine.

Prisoner. Q. Were not you in the tap-room all the time that I was lying in the box where the prosecutor was? - A. Yes.

Q.Was your back turned at any time? - A. No, but I did not think of taking any account of what passed; I might be asleep myself, for it was after dinner, and I was sitting down, having nothing to do, leaning upon the table with my hand before my face.

Q.Were you sitting or standing at the time I was lying in that box? - A. I was sitting by the fire side, in the box opposite to them.

Court. Q. How near were they to each other? - A. There was a table between them.

Prisoner's defence. There were two men at dinner with that man, and after he went to sleep I saw them unbutton his breeches, and I told them not to do so, but to leave him alone; I mentioned that before the Magistrate, and they could not be found, one of them his name is Thomas Bolton, I do not know the name of the other.

Prosecutor. There were two in company with me, but they went away before I fell asleep.

NOT GUILTY .

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

Reference Number: t17991030-64

567. DANIEL MUNDAY was indicted for feloniously stealing, on the 18th of September , a lamb, value 10s. the property of Joseph Ward .

JOSEPH WARD sworn. - I live at Harrow-Weald Common ; I had, in the whole, thirty-eight lambs in my field, called the Ass-house-Field, about three quarters of a mile from where I lived; I saw them safe on Tuesday, the 17th of September, at seven o'clock at night; my sheep and lambs were all marked I W, in a pitch-mark, on each side, and ruddled across the shoulders.

Q.Were the fences in good order? - A. Yes. The next morning I went to the field, and missed a ewe lamb, there were but thirty-seven, they were all ewe lambs; they were in an inner field, the outside gate was locked, then there was a gate to the inner field, and that was withyed up, and the withy had been burst open, by the sheep being drawn, as I suppose; there were the marks of their having been drawn, they were drawn close to the gate.

Q.There were no signs of any thing having been killed in the field? - A. No, no blood, or any thing of that kind; in search of that one I went down to the wood, within about forty poles

of the field, John King went with me; the wood belongs to Mr. Redgrave, in the parish of Pinner; as soon as we got into the wood, John King and and myself looked a very little way before we found the skin, with the entrails tied up in the skin; it was covered over with a little bit of grass, just a handful over the top of it, near the entrance of the wood; the skin and the entrails were warm. I did not search after the blood, to see where it had been killed.

Q. Could you swear that skin came from your lamb? - A. Yes, it had the marks upon it very plain indeed; the skin is here; the head was not with the skin.

Q. Have you been accustomed to kill sheep yourself? - A. Sometimes I do.

Q. Was the skin taken off the lamb in a butcher-like way? - A. No, it had been taken off very badly indeed; some of the bark of the body had been left sticking to the skin; in going a little further I found the prisoner Monday and another man, lying about eight or ten poles from where I found the skin; they were lying down by a sack full of things; I asked what they had got there, and Monday said, nothing belonging to me; I told him I would see what he had got in his sack; it was about four o'clock in the afternoon; he got up and undid his sack, the other man got up and did nothing; the first thing he pulled out of this sack was a tin kettle, and in the kettle were some ribs of lamb and potatoes boiled, and a bit of a loin.

Q.Could you ascertain, in that state, whether it was mutton or lamb? - A. Yes, pretty well; there were two legs and two shoulders in the bag that were not dressed, that was lamb. I asked Munday where he got his meat; he told me he bought it at Watford, he said he gave sixpence a pound for it; I asked him if he would shew me the shop, and he told me he would go along with me: the man that was in company with Munday, and myself, and John King, and Munday all set off together towards Watford; as we were going along, the other man said, d-n my eyes if I will go any further; accordingly he stopped, and Munday and I and another man went on; I left him behind along with John King ; I went a very little way before Munday said to me, it is of no use to go any further, for I cannot shew you where I had it; I never bought it. Then I asked him how he came by it; he said, it was brought to him while he was asleep; well, says I, you must go along with me, all the same; he told me he did not much care about it, for he was a deserter, and so we went together, and I delivered him up to Mr. Birch, the constable.

Q.You did not find the head? - A. Yes, I did, the very next day, very near the same spot; but that had been boiled; the four joints were warm; he had a black jack-ass with him, but he said he had nothing to do with it, it was not his.(The skin produced, with the mark I W upon it.)

JOHN KING sworn. - I work for Mr. Ward: I went along with him in search after his lamb; I was with him when he found the skin; we left the skin where it was till we found the man; we found Munday, and a man of the name of Hawkins, lying upon the ground together; there was a sack lying by them: Ward asked what they had got in that sack; Munday said, nothing at all belonging to you; this was about four o'clock in the afternoon, as near as I can guess; the sack was open in the middle, and the things at each end: then Ward insisted upon seeing what he had, and he pulled out a tin kettle with some ribs of lamb and some potatoes in it, boiled, and a piece of the loin with it; then he pulled out four joints, two legs and two shoulders, they were warm when we got them home to our own house; they were wrapped up in a cloth; the skin and entrails were warm when we found them. Ward asked Munday how he came by the meat; he said he brought it at Watford; he asked him at which butcher's, he said he did not know, but he would go and shew him where it was; then we took the skin and the tin kettle with the ribs of mutton in it, and went towards Watford; we left the ribs behind in the kit; when we got about half way there, Hawkins swore he would not go any further; Ward and another man went on with Munday, I stopped with Hawkins, and before they came back, he got away from me.

Q.Are you very sure the joints of meat were warm? - A. Yes.

Prisoner's defence. I was going after a job of work, and I met with the other man, and he told me if I would stop a bit, he would go with me and shew me where to get a job; and while we were stopping there, the man came up and took us.

GUILTY Death . (Aged 20.)

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

Reference Number: t17991030-65

568. ALICE WEBB was indicted for feloniously stealing, on the 20th of September , a bed-tick, value 6s. the property of Mary Child , spinster .

MARY CHILD sworn. - I am a single woman; I lodge in Belton-street, Long-acre .

Q.Do you follow any business? - A. Yes, in the brokering line ; the prisoner came to work for me, she came to me on the 19th, and took the tick on the 20th; I found it at a broker's in Broker's alley, where she had sold it, two streets off; I knew it by the filling of it, it is my own filling; I did not hem it myself, but I filled it; I can swear

positively that it is mine; the broker delivered it to me: (produces it.)

Q.What do you mean by the filling? - A. It was a bed when I bought it, I had emptied it, but left a part of the filling in one corner of it.

JEMIMA HUDSON sworn. - I keep a little broker's shop: The prisoner brought me a tick, which I bought of her; but I cannot say whether this is the same or not: I gave it up to the last witness; I am certain I gave her the same tick that I bought of the prisoner; I gave her six shillings for it. It was on Thursday, the 20th of September; I am not certain whether it was Thursday or Friday.

Prisoner's defence. I purchased that tick six months ago; I buy old ticks and clean them and repair them; I have sold ticks both to the prosecutor and the other witness. I gave four shillings for it; I cleaned it, and sold it to that lady for six shillings.

GUILTY .

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

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

Reference Number: t17991030-66

569. JOHN PETERS was indicted for feloniously stealing, on the 2d of October , two waistcoats, value 15s. and two pair of breeches, value 15s. the property of Philip Edridge .

PHILIP EDRIDGE sworn. - I am a brewer in High Holborn : I was not at home when I lost the property, I had left them in a drawer up two pair of stairs, on Wednesday, the 2d of October, about one o'clock at noon; I saw them in the same drawer again two days after.

PHILIP EDRIDGE , jun. sworn. - I am the son of the last witness: On Wednesday the 2d of October, about two o'clock in the afternoon, I saw the prisoner at our kitchen-door, up one pair of stairs, with a bundle under his arm, tied up in a red pocket-handkerchief; he asked me for a name which I could not understand; I told him no person lived there that he wanted, and desired him to walk down stairs, and saw him out at the back-door; the next day, and in consequence of some information which I received, I found the property at the house of a man of the name of Roberts, a salesman, not far from the brewery; I told Mr. Ely, my father's partner, of it, and he went and fetched them home; I can swear to one waistcoat, I cannot swear to any thing else; I know it by the wear of it, and the pattern, I never saw any thing like it before.

WILLIAM ROBERTS sworn. - I am a silversmith and salesman: On the 2d of October the prisoner came to me, a little after five o'clock, and offered me for sale two waistcoats and two pair of breeches, and I purchased them for nine shillings and sixpence; the next day, when I came home, about four o'clock, I was informed they were Mr. Edridge's property; I then sent for Mr.Ely, Mr. Edridge's partner, and delivered them to him; I believe it was three weeks after that, on a Wednesday, the prisoner came to me with some other things; I went to Mr. Edridge, and informed him I had got the prisoner in custody.

Q.Should you know the waistcoat and breeches again that you delivered to Mr. Ely? - A. No; I cannot swear to them. (The constable produced the property, which was deposed to by the prosecutor).

Prisoner's defence. I am guilty, and leave it to the mercy of the Court.

NOT GUILTY .

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

Reference Number: t17991030-67

570. WILLIAM HOLYOAK was indicted for feloniously stealing, on the 10th of October , twelve trusses of hay, value 24s. the property of Thomas Allancy .

(The case was opened by Mr. Knowlys.)

JOHN DAYSON sworn. - Examined by Mr. Knowlys. I am a green-grocer and carman, in Tottenham-court-road : On Sunday the 6th of October, the prisoner came to my house, and asked if the governor was at home; I asked him if he had any chaff to dispose of; he said, no, straw was so dear he did not cut any chass; he told me he had ten or twelve, or fifteen, he did not know how many, trusses of hay, that he could spare me at a reasonable price; I asked him whereabouts the price would be; he said, it was very good, and would fetch five pounds; he asked me if I could fetch it, for he could not send it; I agreed to fetch it the next day in the evening; my cart was too heavy, and I did not try to get a light cart, and therefore I did not go. On the Wednesday following, in the evening, he came again, and asked me why I did not come; I told him my man did not like to go out after six o'clock; I was to fetch it from Tavistock-hill, on the Hampstead-road; I then declined having any thing to do with it, and I recommended him to a neighbour who had light carts and small horses, his name was Webb; I went with him to Webb, and he told him he had twelve or fifteen trusses of hay to part with, and he was to go the next evening about six o'clock for it; and the next evening Webb overtook me as I was going there; I walked up Tavistock-hill to a public-house, the sign of the Load of Hay, and called for a pint of beer; I was not present at the conversation between them; that is all I know of it.

Cross-examined by Mr. Alley. Q. You were an acquaintance of Holyoak's? - A. No.

Q.Did you not think it a strange thing then that

he should offer you hay to fell? - A. It was a strange thing.

Q. You knew it was stolen hay? - A. No, I did not.

Q. You knew who his master was? - A. No, I did not.

Q. Did you not say so at Bow-street? - A. I knew him by passing and repassing.

Q. Had you ever bought any of him before? - A. No.

Q. What is Mr. Webb? - A. He keeps horses and carts as I do.

Q.Did you not go to Webb, and say, I can put you into the way of getting a dead man or two? - A. No.

Q. Upon your oath, did you not say, at Bow-street, that you told him you would get him some dead men if you could? - A. No, I did not.

Q. Do not you know that a dead man means a truss of hay? - A. No.

THOMAS WEBB sworn. - Examined by Mr. Knowlys. I keep horses and carts for hire, on the Hampstead-road, about nine doors from the Adam and Eve; On Wednesday evening, the 9th of October, the prisoner and Dayson came to me, Dayson asked me if I wanted any hay; I told him my horses went to grass at present, and I had hay enough for them in the mean time; Dayson said, because this man has got ten or a dozen, or fifteen trusses of hay to dispose of; I agreed for it; the prisoner asked me whether I could fetch it that evening; upon that, I asked the prisoner where the hay was; he told me close by Tavistock-hill; I told him I could not fetch it that evening; then the prisoner said, can you fetch it in the morning, I told him, no, I could not fetch it in the morning; I would fetch it in the evening of the Thursday; he told me to come to the Lord of Hay, upon Tavistock-hill, about six o'clock in the evening.

Q. Did you, at that time, know in what service he was? - A. No, I did not; I gave information of it to Crocker, the officer, at Bow-street, because I began to have some suspicion of him; I went on the Thursday evening with my horse and cart; I overtook Dayson on the road, and he walked with me as far as the Load of Hay, there I saw the prisoner; we called for a pot of beer, I sat there about a quarter of an hour, and the prisoner followed me; he desired I would go with him, and he would shew me where the hay was, and not to bring my cart up first; I told him I would stop till he was ready, and I stopped about a quarter of an hour at the public-house; I did not see Crocker, but he was waiting somewhere about the neighbourhood; my horse and cart stood in the road facing the public-house; the prisoner came, I followed him up to the farm, and he laid hold of my horse's head, and led him into the rick-yard; he turned the horse about, and the tail of the cart stood against the barn-door, I was in the cart; he said, you have no occasion to come down, I will give you the hay up; then he gave me some hay out of the barn, done up; in trusses, there were twelve truffes in all, as they were counted afterwards; says he, stop, and I will cut some more; then he cut another truss from the rick, and was making the band for to tie it up, when his master, and Taylor, one of the Bow-street officers, came and took him; Crocker came up directly afterwards; Mr. Allaney said, what, Mr. Holyoak, I have got you at last; says he, master, I think you have got me first.

Cross-examined by Mr. Alley. Q. This was all a contrivance of your's to induce that man to do what he ought not to do? - A. No; it was no contrivance of mine.

Q.Was it not a contrivance of your's and Crocker's, and Dayson's, to entrap this man into a selony? - A. No.

Q.You made a bargain with the prisoner for this hay? - A. Yes.

Q.Do you not think it would have been more kind and moral in you to have said, I do not think you are doing that which is right, and I will tell your master if you do it? - A. I do not know his master.

Q. Do not you think it would have been more honest, more moral, and more humane, to have told the man he was doing wrong? - A. I do not think it would.

Q. Did not you tell Mr. Allaney that you were to receive this hay from this man? - A. No; Crocker did.

Q. Mr. Allaney knew of the fact, did he not? - A. Certainly he must.

Q. And therefore Mr. Allaney was robbed by his own consent? - A. I have said all I can say; Mr. Crocker had told him.

Mr. Knowlys. Q. Did you at all persuade this man to make you an offer to fell hay that did not belong to him? - A. No; he came to me without my expecting it.

THOMAS ALLANEY , junior, sworn. - Examined by Mr. Knewlys. I apprehended the prisoner close by my father's hay-rick, in the hay-rick yard, in the act of making a band to tie up a truss of hay which was cut; I found the knife in the hay.

Q. Had he any authority from you at that time, to cut any hay; or fell any hay? - A. No, he had not; I was waiting to apprehended him, in consequence of information, with Crocker and Taylor; Taylor was with me when I laid hold of him; the prisoner and his whole family had been at work for my father; we found twelve trusses in the cart; it worth two shillings a truss; it was the property of my father, Thomas Allaney .

Cross-examined by Mr. Alley. Q. Have you a

share in the business with your father? - A. No, I have not.

Q. He gives you a certain share in the profits, does not he? - A. No, I carry on the business for him, and, when I want money, I have it of him.

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

Q. You did not tell the poor man that you understood he was about to commit a felony? - A. No; if I had, we should not have caught him; he worked for us all the last summer at hay-binding and grass cutting.

THOMAS ALLANEY , senior, sworn. - Examined by Mr. Knowlys. I am a cow-keeper; this hay was my property.

Q. Had you ever given the prisoner authority to fell any hay? - A. No.

ANDREW TAYLOR sworn. - Examined by Mr. Knowlys. I am one of the officers of Bow-street; I went to Mr. Allaney's premises, and apprehended the prisoner close by the rick-yard, making the hand; I searched him, and, as I was taking him down the road, he told me that was the worst thing I had ever had him for.

Court. Q. Had you ever had him before? - A. Yes, he has been at Bow-street several times.

HENRY CROCKER sworn. - Examined by Mr. Knowlys. I am one of the officers of Bow-street; I received information from Webb, on Thursday, the 10th of October, about the middle of the day; in consequence of which, I went to apprehend the prisoner; Webb is a neighbour of mine, and so is Mr. Allaney.

Prisoner's defence. Webb came to my house, and told me had an order from my master for some hay; I told him I had not enough hay bound; and he said he must have it, for they had not a bit of hay to use, and I went up with the cart, and my master took me while I was binding it.

Q. (To Webb). Upon your oath, did you tell him that you had an order from his master for the hay? - A. No.

GUILTY . (Aged 28.)

Transported for seven years .

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

Reference Number: t17991030-68

571. WILLIAM PORTER was indicted for feloniously stealing, on the 10th of October , a pair of worsted house, value 1s. 6d. the property of George Flint .

GEORGE FLINT sworn. - I live at No. 89, Edgware-road ; I am a salesman . On the evening of Friday, the 18th of October last, between seven and eight o'clock, I lost a pair of worsted stockings; I had various articles exposed to sale at the door; I was in a room adjoining the shop; I heard a footstep upon my steps; I got up, and before I came to the door, I saw the things at the door drag; I immediately ran to the door, and saw the prisoner, but before I overtook him, he was stopped by the witness.

JOHN LEDIARD sworn. - I was going home to my lodgings; Mr. Flint holloaed out, and I saw the prisoner run, and as he was running, he fell down, I caught hold of him; I saw him throw the stockings down; I picked them up, and gave them to Mr. Flint; there was no other person in the road.

Flint. I know them to be my property; they have my mark upon them.

Prisoner's defence. I was making my way home as quick as I could, and that gentleman called out stop thief, and this young man stopped me; but I never saw the stockings.

GUILTY .

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

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

Reference Number: t17991030-69

572. ELIZABETH WHEELER was indicted for feloniously stealing, on the 7th of October , a half guinea, eleven shllings and sixpence, and fifteen halfpence , the property of James Longden .

JAMES LONGDEN sworn. - I was coming down Broad-street, St. Giles's; I inquired for lodgings of a person that stood at a gateway, she took me to Crown-court, Broad-street, St. Giles's , I do not know whether it was the prisoner or not; I was quite sober, it was between seven and eight o'clock; I asked what I had to pay, and they said sixpence; I went into the room, and went to bed; I laid my cloathes down by the bed-side, I blew out the candle, and went to sleep, and in the morning, about half past two o'clock, I was alarmed with the noise of somebody in the room; I called out, but nobody answered; I felt for my clothes, and missed them; I called out for assistance, and a woman came up with a candle, and brought up the prisoner, and the watchman came, I found my clothes in another part of the room; I told the watchman I had lost half a guinea, eleven shillings and sixpence, and sevenpence halfpenny; I took her to the watchhouse; I told her to deliver the money up to me; upon that, she put her hand in her pocket, and put two shillings upon the table, and said, there, that is all the money I took from you; and she said she had got no more than that; the watchman searched her at the watch-house.

Q. You do not know, of your own knowledge, that she was in the room at all? - A. No.

Q. Are you a Londoner? - A. No, I was a stranger in town.

Q. You did not go home with the woman you first saw? - A. No, I did not.

Q. Nor treat her with any thing? - A. No.

SAMUEL HEBDITCH sworn. - I am a watchman; as I was calling the hour of four in the morning of the 7th of October, I heard a person call out, watch, come up stairs; it was in Crown-court, Broad-street, St. Giles's; I went up stairs and found the prisoner standing in one corner of the room; the prosecutor was in the room; I asked him what was the matter, and he told me, he had been robbed of one pound two shillings and seven pence; I asked the prisoner if she had any money, and she said she had only two shillings and seven-pence half-penny; he said, he could swear to one of the shillings, it was marked with an L and No. 4, he told me that before he looked at them; I then told the woman she must go to the watch-house; then she said, I have got half-a-crown more, but that is not his money; then I took her to the watch-house, and in searching her I found half-a-crown more upon her.

Prisoner's defence. It was my own market-money that I work very hard for. (The shilling produced, and deposed to by the Prosecutor.)

GUILTY . (Aged 50.)

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

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

Reference Number: t17991030-70

573. WILLIAM SIMMS, otherwise EDWARDS , and WILLIAM BETTS, otherwise BROTHERS , were indicted for feloniously stealing, on the 24th of September , a silver watch, value 3l. 10s. and a silver watch chain, value 10s. the property of Joachim-Christopher Glander .

Joachim-Christopher Glander. was called, but not appearing, his recognizance was ordered to be estreated .

Both NOT GUILTY.

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

Reference Number: t17991030-71

574. MARY-ANN REYNOLDS was indicted for feloniously stealing, on the 21st of October , a Norwich shawl, value 5s. and two silk handkerchiefs, value 4s. the property of Brookes Hinton , privately in his shop .

BROOKES HINTON sworn. - I live in Ratcliffe Highway ; I keep a linen-draper's shop , I have no partner; the prisoner came with a woman to purchase some goods; she had been several times before, and I suspected her; I was serving another person in the shop; I observed her take hold of some things hanging in the window, but did not see her take them; we had a great number of customers in the shop; I was so far engaged with the customers, that I could not pay attention; I examined the window and missed the Norwich shawl, and two silk handkerchiefs; I observed the prisoner go out of doors; I went to her, and asked her, if she had seen such things; she said, no, and from her confused looks, I suspected she had them; I desired her to come into the shop; she came in, and being strongly taxed with having the goods, she beckoned to my man, took him out of doors, and he brought them in.

Q. Was she drest as she is now? - A. No; considerably worse.

Q. Do not you know you saw her take hold of the shawl? - A. She took hold of something, I believe it might be a shawl.

JOHN TAYLOR sworn. - I am shop-man to Mr. Hinton; Mr. Hinton taxed the prisoner with having the goods, and she beckoned me to her to the door; she put her hand in her pocket and gave me a Norwich shawl and two silk handkerchiefs; I gave them to Mr. Hinton; the prosecutor came away before me, and I thought he had brought the property with him.

Hinton. I thought my man had got them.

Court. Gentlemen, we cannot go on without the property.

NOT GUILTY .

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

Reference Number: t17991030-72

575. ISABELLA WHITEHEAD was indicted for breaking and entering the dwelling-house of William Patience , about the hour of ten, in the night of the 13th of October , and burglariously stealing a coverlid, value 2s. and a shirt, value 12d. the property of the said William.

WILLIAM PATIENCE sworn. - I keep a house in the parish of Hendon , it is a little cottage; I am a hay-binder : On Sunday night the 13th of October, when I came home, about ten o'clock at night, as near as possible, I observed a square of glass disturbed in the casement, it was broke before, and that was taken quite out; I went in and found a shirt lying in the chair; then I called to the woman, who lives next door, to give me a light; I told her I was robbed; while she was getting a light, I heard a noise up stairs; I went up stairs to looks; says I, if you are here, come out, but I could see nobody; I looked under the bed, and there I saw the prisoner; I called Mr. Pickford in, to go up stairs with me, not knowing but there might be somebody else there; when we went up again, she was come out from under the bed; I asked her what she did there; she said, she saw my wife, and my wife ordered her to get in at the window to take a pair of sheets off the bed.

Q. How long had you left your house? - A. At four in the afternoon; I had the key in my pocket, I was the last person in the house.

Q. Where is your wife? - A. She has eloped from me two months; the prisoner was a haymaker, and worked for my master.

Q. Did your wife take away any property? - A. A good deal of money.

Q. No sheets? - A. No.

Q. The prisoner knew your wife? - A. Not that I know of.

Q. Had you not left the shirt in the drawer? - A. Yes; I left it in the drawer.

Q.Where was the sheet? - A. That was on the bed, rolled up in a parcel, with a coverlid.

Q. Have you heard any thing of your wife since? - A. No; the prisoner afterwards said there was something in the pestle and mortar that my wife wanted, and she took it to her and brought it back.

JOSEPH PICKFORD sworn. - I am a labouring man, I live in the house adjoining Patience; about ten o'clock on Sunday, the 13th of October, Patience called to me; I went up stairs with him, and I saw the prisoner standing in the bed-chamber.

Q. Do you know whether this woman was acquainted with his wife? - A. I cannot tell; the prisoner used to go hay-making, his wife used to go a chairing at the public-house.

Prisoner's defence. I met Mrs. Patience, and she asked me if Mr. Patience was at home, and I told her, no, and she asked me to go in and get her a paper out of the pestle and mortar, and I did, but I never touched any thing else; I did not know the consequence of it.

Court. Q. Your indictment states the 30th of October, did any thing happen to you that day? - A. No.

NOT GUILTY .

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

Reference Number: t17991030-73

576. JAMES KITCHINER and ANN BEDFORD were indicted, the first for feloniously stealing, on the 22d of October , for pewter quart pots, value 6s. and seven pewter pint pots, value 6s. the property of John Alcock , and the other for receiving the same, knowing them to have been stolen .

JOHN ALCOCK sworn. - I can only speak to the property.

JOHN BARTON sworn. - I am a publican; I keep the Cock, New-street, St. James's: On the 22d of October, Jane Cock , and Mary Murphy , came to my house about five o'clock, and asked me if I had lost any pots; I told them, too many, for I had hardly any to use; I met the boy at the bar; I asked him what he had done with the string of pots that he had taken to Mr. Bedford's; he said, he had not had any; he denied it three times; I threatened to have him taken up; he said, pray do not, I will shew you where they are; then he took me towards the house, and went past the house; says I, you rogue, if you will not shew me, I will shew you the house; it is an old iron shop, in Husband-street.

Q. Who keeps it? - A. The prisoner's husband, but he was not at home; I asked Mrs. Bedford what became of the pots that the boy had brought in; she replied, there were no pots there; three times that I challenged her with them; I insisted upon having them, and she opened the door of the right hand side, into a dark place at the back part of the shop; I still kept hold of the boy's arm, and took him into the place with me; I found seven pint pots, and four quarts, and a porridge pot, tied at the end of a strap; I took the boy and the porridge pot to my house, and sent one of my young men to Mr. Alcock's to inform him of it; they have not his name upon them, but they have the sign upon them; I sent for an officer; he searched the boy, and found upon him four shillings and a halfpenny, and a knife; then he was taken to Marlborough-street; I delivered them to the officer.

( William Jackson , the officer, produced the pots).

MARY MURPHY sworn. - I sell fowl and lamb, and fish, about the street; I was standing at Mrs. Bedford's door; I live in the house; I did not see her husband; I saw the prisoner Kitchiner come up and go into Mrs. Bedford's with a string of pots, Mrs. Cock and I directly went and informed Mr. Barton of it.

JANE COCK sworn. - I lodge at Mrs. Bedford's; I was looking out at the window and saw the boy coming along the street with a string of pots; I saw him go into the house; I then saw the boy come out with some money in his hand; it appeared to me to be silver. (The pots were deposed to by Mr. Alcock.)

Kitchiner's defence. I did not steal them.

Bedford's defence. Kitchiner came to my house and asked me to let him leave these pots a few minutes; he laid them down, but never offered me any thing to sell in his life.

For Bedford.

ELIZABETH JONES sworn. - I work at the upholstery business; I was drinking tea with Mrs. Bedford at the time the boy brought the pots in; she told him to make haste back, for she was going out; he said, at the same time, he was going for some stockings.

Q. I give you fair warning, and mind you speak the truth; what did she do with the pots? - A. He put them down at the end of the counter.

Q. What o'clock was it? - A. To the best of my knowledge turned five.

Q.How soon after was it that Mr. Barton came? - A. About five or ten minutes.

Q. Where did she put them, in the mean time? - A. A place at the back part of the shop.

Q. Where nobody could see that came into the shop? - A. Yes, they could; there is a door to it.

Q.And that door was shut? - A. No.

Q.What did she give for the pots? - A. Not a farthing in that place, at that time.

FRANCES JONES sworn. - I happened to be there all the time, and was making the bed for Ann Bedford ; at the time he brought them in, he desired he might leave them there, he said he was going to his mother's to get a clean pair of stockings; she said, she hoped he would not be long, for she wanted to go out; there was no money given, nor bargain made for, nor no money received.

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

Kitchiner, GUILTY . (Aged 12.)

Publicly whipped , and discharged.

Bedford, GUILTY (Aged 25.)

Transported for fourteen years .

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

Reference Number: t17991030-74

577. ELIZABETH MIDWINTER was indicted for feloniously stealing, on the 19th of October , forty penny-pieces, twenty halfpence, and two farthings , the property of Charles Smith .

CHARLES SMITH sworn. - I live at No.125, Aldersgate-street , I am a pastry-cook : The prisoner was nursing at my house, I went out, and when I returned, my boy told me that she had robbed me of Penny-pieces; I left about fourteen shillingsworth of penny-pieces in a box, it was a box of about ten inches square; I looked at them, and saw there was about a quarter of them gone; I immediately sent for the woman into the parlour, and the boy, and the journeyman, and charged her with it; she said she had not a farthing in the world; she then cut off her pocket with a knife, and threw it on the ground, and said she had no other pocket or money: I sent for a constable, who searched her, and found forty penny-pieces upon her.

The BOY sworn. - My master went out upon some business, he called me out to mind the shop: I heard the prisoner take some penny-pieces out of the box, I heard them chink as she put them into her pocket: when my master came home I told him of it, he sent for a constable, and the constable searched her.

- ADCOCK swron. - I am jouruneyman to Mr. Smith: I saw her cut her pocket off, and heard her deny that she had any money.

DANIEL ADCOCK sworn. - I am a headborough: I searched the woman, and found forty penny-pieces upon her, and ten-pence in halfpence.

Prisoner's defence. This was money of my own, that I had worked very hard for.

GUILTY . (Aged 46.)

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

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

Reference Number: t17991030-75

578. ARTHUR MAHONEY was indicted for feloniously stealing, on the 13th of September , a set of bed-furniture, value 8s. a quilt, value 2s. a table-cloth, value 2s. a pair of silk-stockings, value 8s. and a shawl, value 1s. the property of John Marsh .

Second Count. Laying them to the property of Mary Marsh .

MARY MARSH sworn. - I am the wife of John Marsh , my husband is abroad, I do not know whether he is alive or not: I keep a cheesemonger's shop the North-side of St. James's-market : On the 13th of September, I was serving in the shop, between eight and nine o'clock in the evening; I heard a noise in the parlour, there is a passage-door that leads to the parlour; I had customer in the shop, when the customer was gone, I took the candle from the counter, went into the parlour, and saw the prisoner with a bundle of things by his side, and a pair of silk-stockings upon the ground, at his feet; I had left the things in the bundle, it was not in the parlour, but in a room behind the parlour that he had fetched it from, the bundle contained the things mentioned in the indictment; I asked him what he wanted; and he said, a shoemaker, about some shoes; I asked him what he was doing with that bundle of things; he said, he knew nothing of them; the stockings had been taken out of a drawer in the parlour; I told him I supposed that was a friend of his in the shop, that had detained me longer than I might have been; he said he knew nothing of the person in the shop; the shawl was left in a chair, to the best of my knowledge; a neighbour came in and took him in to custody.

ANN WHITE sworn. - I was sitting at the door; I was going up stairs to make the bed; there were two young men at the door, one of them took the candle out of my hand; I said, do not play any tricks with me; and then one of them said, Mrs. White, or Mrs. Wright, I do not know which, there is a thief in Mrs. Marsh's back-parlour.

Q. Did you know them? - A. I knew one of them; I immediately double-locked the parlour-door, with the prisoner inside, and came round to Mrs. Marsh with the key; I went into the parlour and saw the bundle at his side, and the silk stockings at his feet; those two young women were at the door, and they took him down to the watch-house.

JAMES LANE sworn. - I am a constable, (Produces the property); I heard a disturbance, and went to see what was the matter; I searched the prisoner, and found a shawl in the inside lining of his hat.

(The property was deposed to by Mrs. Marsh).

Prisoner's defence. I went into inquire for one Mr. Robertson, a shoemaker; the parlour-door was open, and two butchers, and that woman,

shoved me into the parlour; the shawl belonged to my mother. GUILTY . (Aged 17.)

Transported for seven years .

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

Reference Number: t17991030-76

579. HENRY ROLFE was indicted for feloniously stealing, on the 29th of October , a wooden box, value 1s. nine glass bottles filled with lime juice, value 9s. a glass bottle of castor oil, value 10s. a glass bottle of foreign pickles, value 2s. and two earthen jars of foreign pickles, value 3s. the property of John-Adam Mouchet .

Second Count. Laying them to be the property of Joseph Brockley .

JOHN-ADAM MOUCHET sworn. - I know nothing of the loss; Joseph Brockley was the carrier.

JOSEPH BROCKLEY sworn. - I am a butcher : I was carrying a box for Mr. Mouchet, from St. Martin's-le-grand to Sommer's-place, Kentish-town, in a cart; I put it in the cart myself; when I had got into St. John's-lane , about six o'clock in the evening, last Saturday was a week, my horse cast off his shoe; I stopped in St. John's-lane to have a shoe put on; there were some children about the cart, and I gave them a few halfpence to sit upon the boxes while I got a shoe put on; when I came out of the farrier's, back again, I missed one of the boxes; I asked the children where the box was, and they said a man had taken it away; they told me he was gone through a narrow passage that they shewed me, just by the cart; I went through the court, and there was a woman standing, and I learned that he was just gone down towards Smithfield; I followed for some time, but I could see nothing of the man; I returned to my horse and cart, and was going home, when several people came up, and informed me that the box was found, and the man taken with it upon his back; they conducted me to a linen-draper's shop in St. John's-street, where I found the box and the constable; the prisoner was gone to the watch-house; (the box was produced). This is the same box.

LEONARD LAMMAS sworn. - I am a constable: I was going down St. John's-lane, about six o'clock; I went through this narrow passage, which they call Parson's-alley, it leads into St. John's-street; when I got into St. John's-street, there were three or four women standing at the corner of the alley, and they told me the man was gone down the street towards Peter's-lane; I ran after him, and saw him cross the way with the box on his shoulder; I went up to him, and said, what have you got there, where did you get this box from; says he, I am a porter, I have brought it from Aylesbury-street, and I am going to carry it to the George-inn, in Smithfield; I told him I had reason to doubt it, and I should detain him; he then let the box go from his shoulder, and broke a piece of the lid off, and a bottle fell out of it; I never let the prisoner go at all; this is the box that I took from him.

Prisoner. Mr. Lammas has known me a great many years.

Lammas. I have known him a great many years; he has been taken up before.

Prisoner's defence. I was employed to carry the box to the George-inn, in Smithfield.

The prisoner called three witnesses, who gave him a good character. GUILTY (Aged 17.)

Transported for seven years .

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

Reference Number: t17991030-77

580. JAMES ROBERTS was indicted for feloniously stealing, on the 24th of September , two wooden hogsheads, value 2s. and twenty hundred weight of sugar, value 50l. the property of Georgius Street .

(The case was opened by Mr. Knowlys.)

JAMES LOVELL sworn. - Examined by Mr. Knowlys. I am one of the gangsmen belonging to Wiggin's-quay, close to Ralph's-quay, near the Custom-house .

Q. Did you unload any sugar from the Nile, on account of Messrs. Thellussons, on the 24th of September? - A. I did; the prisoner was a carman belonging to Mr. Barnjum; the number of his cart was 385; I delivered two hogsheads of Martinique sugar to the prisoner.

Q. Look at that ticket? - A. This is my handwriting; I delivered it to a man that we generally employ to load the cart, and he gives it to the carman who drives the cart with the goods.

Q. Do you know whether the prisoner drove the cart, No.385, that day? - A. Yes, I saw him with the very sugars in his cart; the goods should have been delivered at the Doublet warehouse, Upper Thames-street, in a strait line, just by Dowgate-hill; it belonged to Mr. Georgius Street: we always deliver the carman one of these notes, and they give us their number, and we tell them where to go. The carmen sometimes come to us for it.

Q.Whereabouts is the value of this sugar; is it worth forty pounds? - A. Yes, and more.

Court. Q. What becomes of that ticket? - A. It is signed by the warehouse-keeper when the goods are received, and brought back to the master carman, as a voucher that those goods have been delivered by his carman.

Cross-examined by Mr. Knapp. Q. Did you deliver these very sugars to the carman? - A. No, I ordered them to be delivered in our presence.

Q.Is that person here, or did you see the two

hogsheads of sugar put into the cart? - A. Yes, I saw them put into the cart.

Q. The hogsheads of sugar have been delivered to Mr. Street, have they not? - A. Yes; the prisoner was apprehended by the officer of police, and then the sugar was delivered; he was in custody then.

Q. Does it not very often happen in Thames-street, that there are stoppages of carts? - A. Certainly it does.

Q. Does it not frequently happen when there is a stoppage, in order to save time, that the carman goes forward, and gets a ticket for the delivery of the goods? - A. I cannot say.

Q. Did you ever know a carman receive a ticket from the warehouseman before the goods are delivered? - A. Yes.

Q. I mean between the time you deliver the goods with the ticket, and the time that it arrives with the warehouse-keeper, have you not known, from the stoppages in the street, that the carman has applied for the ticket before the goods are delivered? - A. I have certainly heard that they have done it.

Q. Have you not heard that while they have been doing so, and applied for the ticket before the delivery of the goods, that persons have gone away with the cart, and the cart has not been to be found? - A. I never heard of it.

THOMAS STREET sworn. - Examined by Mr. Knowlys. I am the son of Georgius Street; he is warehouseman of the Doublet warehouse.

Q. Look at that ticket? - A. I received this ticket on the 24th of September; but we receive so many that I cannot recollect from whom I received it. I signed it.

Q. That is an acknowledgment on your part of the recipt of the goods? - A. Yes.

Q. Does the person, for whom you act, upon that become liable for these goods? - A. Yes.

Q. What warrants the carman to call upon you for the cartage? - A. This ticket.

Q. When did you receive these sugars? - A. Not till the evening; they were brought back by the officer, in the same cart, No. 385, some time from three to five o'clock; they were brought back by Edward Smith, the officer, and the carman; the cart contained two hogsheads of sugar. I don't remember that the carman said any thing.

Q.Cross-examined by Mr. Knapp. Q. You do not know who delivered the ticket? - A. No; there were so many I cannot tell.

Q. You signed it and sent it away again? - A. No; I put the number of the cart in the book.

Q. Does it not frequently happen that there are stoppages in Thames-street? - A. Yes.

Q. Does it not often happen that before the delivery of goods, the carmen apply for tickets? - A. They do sometimes.

Q. Do not you know that it has happened be fore now, that while the carman has gone for his ticket, his cart has been taken away? - A. I never heard of that.

Q. The prisoner was the driver of the cart when he returned with the officer? - A. Yes.

Q. Recollect what he said? - A. I cannot say positively, but I think he said something about losing his cart.

Q. And that he gave as a reason why he did not deliver the goods within the time in which he would have done? - A. Yes.

Q. The prisoner was taken to Lambeth-street office? - A. I was not there.

Q. How many examinations did you happen to attend? - A. I attended at the Mansion-house three or four or five times.

Q. He was in custody all that time? - A. Yes.

Q. When did Mr. Barnett Solomon first make his appearance before the Lord Mayor? - A. I be have it was the second time.

Q.Was not the prisoner discharged at Lambeth-street office? - A. I do not know.

Q. When was it that the prisoner was taken up? - A. Not till the 30th.

JAMES ADAMS sworn. - Examined by Mr. Knowlys. I am a carman; On the 24th of September, between eleven and twelve, I was coming through Chambers-street to take up a load, and I saw a cart with two hogsheads of sugar, or three, I am not certain which, standing without any driver at all; it had the name of Barnjum upon it, but I do not know the number.

Q. Do you recollect you had been examined on this business before? - A. Yes.

Q. Upon your oath, do you know who was the driver of that cart? - A. I did not know till afterwards; I went to load a load of timber in Mill-yard, Chambers-street; I was there a long time loading the cart, I was there an hour, or an hour and a half; and as I was coming out of the yard, I saw the prisoner driving the same cart towards Leman-street; I asked him where he had been stopping so long; he told me had lost his b-d cart for two hours.

Q. Did you ask him if he had been to look for it? - A. No; he said he was going to street's; I said I had been there twice to-day; he said he had lost it from Mr. street's.

Q. Which way was he driving the cart? - A. From Chambers-street towards Leman-street.

Q. You were examined before the Lord-Mayor how long after this? - A. I was there two days.

Q. One or two days after you had seen this man? - A. It was some time after; I went afterwards to Mr. Street's; I always had my note signed before I delivered the goods; but Mr. Street refused to

sign it, because he said there had been two hogsheads lost.

Q. Did you say one word of this before the Lord-Mayor? - A. I was not asked as to it.

Q.Did you not know that he was charged with stealing these goods? - A. Mr. Street told me the cart was driven away; I thought I was to give an account what was become of it; I was not asked about it.

Cross-examined by Mr. Knapp. Q. If you had been asked these questions, I presume you would have answered them? - A. Yes, I should have said what I have now said.

Q. Where you an hour and a half in the yard that you speak of? - A. Yes.

Q. And the horse and cart were then standing without any driver? - A. Yes.

Q. And then it was that he told you he had lost his cart? - A. Yes.

Q. Did he appear to have been walking or running? - A. He seemed to be vexed like, and his face was very red; but whether he had been walking or running, I cannot say.

Q. Is it usual for a carman to get a ticket signed before he delivers the goods? - A. Yes, if there is one cart or more under the crane.

Q. How long have you staid there at a time before you could get your ticket signed? - A. Two hours; There has been sixteen carts there.

Q. But how long have you staid before you could get your ticket signed? - A. Sometimes there is nobody in the way to sigh it; I have staid, I dare say, ten minutes.

Q. Any body might drive your cart away in the mean time? - A. The warehouse is up a gateway.

Court. Q. When you were examined before the Lord-Mayor, Smith was there? - A. Yes.

Q. How came you not to mention one word of this? - A. To tell you the truth, I am a poor man, and have got but one cart, and could not well afford to lose the time, and therefore I did not say any thing about it; I once lost a cart with sixteen chests of tea in it, and found the horses in Cornhill going homewards.

Q. He was going to Leman-street; is that the way to Mr. Street's? - A. The way that the horses stood when I first saw them; there was a waggon stood across the street; it certainly was not the nearest way.

Q.What number is your cart? - A. 69. 101.

BARNETT SOLOMON sworn. - Examined by Mr. Knowlys. I live at the corner of Cobb's-yard, spitalfields.

Q. How far from goodman's-fields? - A. About ten minutes walk from Chambers street.

Q. Do you know the man at the bar? - A. Yes, I remember him very well; I never saw him before; I was standing at the front door of my house in Petticoat lane, the back-door is in Cobb's-yard: On the 24th of September, between twelve and one, within a few yards of the India warehouses, I saw the prisoner looking about; I asked him what he was looking for, and he said it was not material; he then asked me if I knew one David Mendez ; I said I knew him very well.

Q. What was he? - A. A. dealer in iron and copper; he said he owed him some money for some articles that he had sold for him; says he, by his using me so ill and so roguish, I will not go to him any more; I said, have you got any thing particular to say; come in, and I may answer you, may be; he said he had two hogsheads of sugar to suppose of, in a cart in Chambers-street; he said, if you have a place to put them in, I will take fifteen guineas for them; says he, they are worth eighty pounds; he then pulled a paper out of his pocket, and said, here is the note that they are delivered; they have signed the bill, says he, and they cannot mils them; I then told him I had no place sit to take two hogsheads of sugar, neither did I know any people that would take them in; he went out at the front door in Peticoat-lane, and I went out the back way up to Red-lion-street, to see if there was a cart with two hogsheads of sugar in it; and I saw two hogsheads of sugar in the cart, but did not know that that was the cart. I immediately ran to the office to see if there was any officer there, and I gave information to Smith, and Mr. Thompson, the clerk of the office; Smith, the officer, went with me to see if there was a cart standing there, and I shewed him the cart; I pointed out the prisoner, sitting at the public house; I told Smith I did not wish to come forward; I saw Smith apprehend him; he had got to the cart, and was driving it from the street.

Cross-examined by Mr. Knapp. Q. You did not know the prisoner before? - A. I never saw him before.

Q.You knew Mendez? - A. Yes, very well,

Q. So this man, whom you had never seen before, had all this conversation with you, being a perfect stranger, directly and voluntarily, without your having known any thing of him? - A. I never saw him before.

Q.And you have not seen him since, I suppose? - A. Yes, I have: I went to the Compter to see him, the Friday before I went before the Lord Mayor.

Q. What day was it that you pointed the prisoner out to Smith? - A. It was the 24th, I behave.

Q.What was the day of the week? - A. I cannot recollect.

Q.How many days was it before the Friday? -

A. It might be a week or ten days before I was summoned before the Lord-Mayor.

Q. You saw Smith apprehend him? - A. Yes; I told Smith I did not with to come forward at all.

Q. Were not you desired by Smith to go to Lambeth-street? - A. No; I told him I did not wish to come forward.

Q. Did you go at all to Lambeth-street? - A. I did not; I told Mr. Smith and Mr. Thompson that I did not like to go in.

Q.You gave the information to Smith? - A. Yes.

Q. And they suffered you to go away without laying your information before the Magistrate? - A. Yes.

Q. I dare say, before the Lord-Mayor, you were extremely willing to give the account you have now given? - A. No, I will contradict you in that; for I was not. I told the Lord-Mayor I did not wish to come to the Old-Bailey; I thought my duty was finished when I gave information.

Q. Did the Lord-Mayor threaten, or not, to commit you, if you did not give an account of it? - A. No, he did not.

Q. I believe you would not give your account before the Lord-Mayor, in public? - A. His Lordship heard me in private.

Q. Upon your oath, did you not refuse to give your account, unless you could do it in a private room? - A. I deny it; his Lordship ordered me to go into his parlour, and I then told him the same as I had told the officer.

Q. Have you ever been a witness here before? - A. You must know that.

Q. That won't do; were you ever a witness here before? - A. Yes, in a just cause.

Q. You have stood at that bar, I believe? - A. Yes, and honourably acquited.

Q. Perhaps you were honourably convicted once? - A. Yes, that was for bad halfpence. I was convicted for three months.

Q. For coming? - A. Yes.

Q. Is that the only time you have been here; how many times have you been at the bar, though you have been lucky enough to be acquitted? - A. About six or seven months ago I was tried here, and false sworn against.

Q. How many times have you been tried in any one session? - A. You know very well that the fellow took the advantage to try me both in the city and in the country.

Q. Had you any conversation with the prisoner in the Compter? - A. Yes.

Q. Did you talk with the prisoner at all about any money that you were to have? - A. No; when I went in, he said, I was terribly frightened that you were coming against me; no, says I, I am not; says he, were you ever in a place in King-street, that encourages all these kind of things: I asked him if he had offered them for sale there; and I said, may be somebody might overhear him there; he said, no, there was nobody in the shop but a woman and a child.

Q. Have you always gone by the name of Barnett Solomons? - A. At the time I was convicted for three months I was ashamed, because my friends were very honest, and then I put in the name of Barnett Barnett.

Q. Have you not gone by the name of Bullhook? - A. That is my Hebrew name.

Q. Have you never gone by the name of George Britton? - A. I cannot help what people call me; they call people twenty names there, and I cannot help it, when we are drinking in company.

Q. Were you ever at Guildhall? - A. I was never tried there.

Q. Nor ever there upon any charge? - A. No.

Q. Nor perhaps ever in a little strong place that we have in Bridge-street, Blacksriars, called Bride well? - A. A good many else have been there; I was not there long; I was looking in at a lottery-officer, and I was taken up for insuring. I was very innocent of it, and in nine days I got a pardon.

Q. Upon your oath were you there but nine days? - A. I cannot tell; it might be nine or ten weeks.

Mr. Knowlys. Q. Would you have come forward as a witness against this man if you could have helped it? - A. No.

EDWARD SMITH sworn. - Examined by Mr. Knowlys. I am an officer belonging to Whitechapel; I apprehended the prisoner by the information of Solomons, in Chambers-street, Goodmans-fields; I I found the cart standing there with two horses, and two hogsheads in it, apparently of sugar; Solomons and I went into a public-house, facing the street, where we could see the cart as it stood; he described the prisoner to me, and I went round into Rosemary-lane to see if I could see him; as I came back, going into the public-house, I saw the prisoner driving the cart; Solomons was in the public-house at that time; the prisoner was coming out of Chambers-street, and turned up Leman-street.

Q. How do you know the prisoner was the man? - A. Because I went into the house and asked Baruett Solomons; I went after him up Leman-street, he had got half way up Leman-street, from Chambers-street.

Q. Was that the nearest way to Thames-street? - A. No; he was going the direct contrary, while he was in Chambers-street, but when he was out of Chambers-street, he turned the nearest way that he could go; when I laid hold of him, I asked him what he had got; and he said, some sugars;

I told him, he had been offering them for sale; he he said, no, he had not, he was going to Mr. Street's warehouse with them, and he pulled out a note with the name of Street upon it.

Q. Look at that? - A. I have no doubt but this is the same, it has not been in my proffession; he told me, he had taken the sugars from Wiggins's quay, and had lost his cart; I asked him, how long he had lost it; he said, he had got his note signed about ten o'clock; he said, he had been running about a long while, and could not find it, and at last he met a man in the Minories that told him there was a cart standing in Chambers-street; I then went with the prisoner to Mr. Street's.

Cross-examined by Mr. Knapp. Q. How long have you been an officer? - A. Four years next February.

Q. Did you ever, in the course of your experience, upon the apprehension of a prisoner for felony, find a man more ready to give you information than the prisoner at the bar? - A. Never; he said, you need not take me into custody, for I will not run away; he was one hundred yards from me at one time, for I was talking to the foreman.

Q. Did he ever differ in his story at any one time whatever? - A. No.

Q. And he pulled out this very note? - A. Yes.

Q. And you went down to Wiggins's quay to know if he told the truth? - A. Yes.

The prisoner left his defence to his counsel.

For the prisoner.

RAINSDON sworn. - I manage Mr. Barnjum's business, he is in the country; I have myself lost my cart for two and three hours, and found it two miles off, it is a very common thing; I drove one of these horses myself, and I know he is very spirity, and if he can get his head on one side he will go away, and very often ill-disposed people will do it.

Court. Q. Where did you keep your horses? - A. In Woolpack-alley, near Houndsditch; he has always bore a very good character; his master gives him more than he does the other men on account of his good behaviour.

The prisoner called six other witnesses, who gave him an excellent character.

NOT GUILTY .

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

Reference Number: t17991030-78

581. WILLIAM CUSLER was indicted for feloniously stealing, on the 19th of September , a ham, value 7s. the property of Gerard Beckhuson .

It appeared in evidence, that it was only part of a ham that had been stolen from the prosecutor.

NOT GUILTY .

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

Reference Number: t17991030-79

582. MARY SCOTT was indicted for feloniously stealing, on the 14th of September , two linen clouts, value 1s. three pair of cotton stockings, value 4s. a cotton under waistcoat, value 2s. and two calico petticoats, value 5s. the property of John Johnson .

ANN JOHNSON sworn. - I am the wife of John Johnson ; we keep a coal warehouse in South-moulton-street : on Saturday, the 14th of September, about eleven o'clock at noon, I lost the articles mentioned in the indictment from the garret; I had washed on the Friday; I saw them about half an hour before they were taken away; I had pinned all the articles to a piece of new tape, which I had put up for lines; I left the door open, and came down stairs; I had made up a good fire for ironing, and sent up my girl for these things to dry them by the fire and they were gone.

SAMUEL HAMILTON sworn. - I am an officer belonging to Marlborough-street; I had apprehended the prisoner upon another charge; I searched her pockets, but found nothing; I desired a woman to search her between her clothes, while I stood by; she did so, and gave me from between her clothes, a hussiff, containing pawnbrokers' tickets; among the rest was this ticket of an article claimed by the prosecutrix. (Produces it).

ABRAHAM FREEAR sworn. - I am servant to a pawnbroker; I conduct the business for my brother,(produces two linen cloths); I took them in of the prisoner at the bar, on Tuesday, the 17th of September, she pledged them with a gown, for nine shillings; I know her person well.

WILLIAM BAKER sworn. - I am servant to Mr. Mulcaster, a pawnbroker, (produces a pair of cotton stockings, and a cotton under waistcoat): I took them in of a person of the name of Mary Green.

Prisoner. Q. Have you not been paid for these things? - A. After I knew that they were stolen, Mary Green came to our house again, I spoke to her concerning her bringing them, and she said, she had them from the prisoner; she paid for them, but I still detained them. (The property was deposed to by the prosecutrix.)

Prisoner's defence. I lodged with Mary Green 's mother, and she told me, she had pledged these things unknown to her master, and asked me to take care of the duplicates for her; I know nothing at all of it.

NOT GUILTY .

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

Reference Number: t17991030-80

583. JOSEPH SPARKES was indicted for feloniously stealing, on the 25th of October , a man's hat, value 2s. a pair of breeches, value 5s. a coat, value 2s. a handkerchief, value 2s. a neckcloth,

value 4d. and eleven shillings , the property of Edward James .

EDWARD JAMES sworn. - I am a waterman, and attend coaches ; I lodge at the Angel and Porter, in Golden-lane : On Friday the 25th of October, St. Crispin's-day, I went out a little after six o'clock in the morning, and left the prisoner in bed in the same room; about two o'clock in the afternoon of the same day, my landlord came to inform me I was robbed; I went home, found my chest broke open, and the property mentioned in the indictment gone; I afterwards found the coat at the pawnbroker's, and the breeches and the hat.

Prisoner. Q. Was not there another man slept in the room the night you were robbed? - A. I saw nobody but himself and me.

JOHN THOMAS sworn. - I am a labouring man, I keep a house: The prisoner and prosecutor lodged together, and slept in two different beds; the prosecutor went out between six and seven o'clock, and the prisoner went out between eight and nine; I took the prisoner between one and two the same day.

HENRY-BOLYON WHEATLEY sworn. - I am a pawnbroker's servant, (produces a bat); it was pledged on Friday the 25th of October, at near one o'clock; I cannot swear who it was pledged by.

GEORGE LRIGH sworn. - I am a pawnbroker's servant: On the 25th of October, about ten o'clock in the morning, a man pledged a pair of breeches with me; I cannot say whether it was the prisoner or not. (Produces them).

ROBERT REDDINGTON sworn. - I am a pawnbroker's servant: On Friday the 25th of October, a little after nine o'clock in the morning, I took in this coat of a man, but I cannot swear who it was.

MARTIN JONES sworn. - I am a headborough: I apprehended the prisoner last Friday week, at the Angel and Potter public-house, in Golden-lane; I seatched him, and found three pawnbroker's duplicates, one is for a hat, another for a coat, and another for a pair of breeches, (produces them); I also found two half-crowns, five shillings, two sixpences, and a kind of slatted piece of silver, that the prosecutor said was his; in his coat-pocket I found a neckcloth; and this handkerchief I found down the privy of the public-house where I apprehended him; he made a stout resistance, and it was with difficulty I secured him; I took him in a hackney-coach to the sitting Magistrate's in Worship street, and by their orders I went round to the pawnbrokers. (The property was deposed to by the prosecutor).

THOMAS LATHAM sworn. - I made this hat for the prosecutor, I know it by the private mark; he has had it about two or three months.

Prisoner's defence. I was drinking with an acquaintance, at the Angel and Porter, on the Thursday night till twelve or one o'clock, and he and I went to bed together in the same room that the prosecutor sleeps in; I got up and had a sheep's-heart for breakfast, and was drinking there till I was taken up.

GUILTY (Aged 33.)

Transported for seven years .

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

Reference Number: t17991030-81

584. SARAH FORDHAM was indicted for feloniously stealing, on the 27th of October , a child's frock, value 1s. 6d. the property of James Grant .

MARY GRANT sworn. - I am the wife of James Grant , we keep a house at Knightsbridge : Last Sunday was a week, I had cleaned my grand-child, and put it on a clean frock; then the child went out, and my own little boy with her; I was busy getting their dinners and did not miss them; between one and two o'clock, Richard Welford sent for me, and said that the child was stripped of her frock, and he gave me the frock, (produces it); I have kept it ever since.

Q. Whose frock is it? - A. The child's father is in the army, and the mother is in service, so that I have the child to keep; I bought the frock, and paid for it; I am sure it is the same frock that I lost. When Richard Welford gave me information, I went to look for the child, and met her about two or three hundred yards from my house.

ELIZABETH VANSTON sworn. - I went to the necessary, where I found the prisoner at the bar, and the two children, a boy and a girl; it was a public necessary belonging to where we live, at Mr. Jobbins's, at Knightsbridge; one of them is four years of age, and the other between two and three; I shut the door, and left the prisoner and the two children there, then I went to my own home; the children were dressed then, they were strangers to me; I went back to the necessary again, and she was come out of the necessary, and had shut the two children in; I opened the door and let them out; I returned home then, and found her up in my apartment; I asked what business she had there, and said she had robbed the two children; she said she had not; I said that she had, and had got the property in her hand; she then slipped down stairs, and I called Richard Welford .

RICHARD WELFORD sworn. - I am an ostler; On Sunday the 22d of October, between one and two o'clock, I was standing at the corner of the court, and the last witness called to me; I went into the court, and there I saw a woman sitting upon her back-side in the passage, with the child's

frock behind her; I took it away from her, and gave it to Mrs. Grant; this is the same frock.

Prisoner's defence. I was very much in liquor; I do not recollect any thing of it.

Welford. She seemed to be a little in liquor, but she seemed to know what she was about; she asked me if I thought she was a thief; I told her I did not think so, for I was sure so.

GUILTY .

Transported for seven years .

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

Reference Number: t17991030-82

585. JAMES AUSTIN , RICHARD RAYMENT , and JOHN KEEFE , were indicted for feloniously stealing, on the 19th of September , a ham, value 7s. the property of Gerard Beckhuson .

It appearing in evidence that the property stolen was only part of a ham, the prisoners were

ALL Three ACQUITTED .

Tried by the First Middlesex Jury, before Mr. Recorder

Reference Number: t17991030-83

586. SOLOMON LOVELL was indicted for feloniously stealing, on the 11th of October , a man's hat, value 10s. the property of John Goulding .

JAMES MONTEATH sworn. - I am a watchman: On the 11th of last month, about half past twelve o'clock, I heard a cry of stop thief; I was sitting in my box, in Charlotte-street; I jumped out of my box, and as soon as I had come out, the prisoner at the bar was running as hard as he could run; I made a blow at him, and missed him; I gave my rattle a spring, and a young man, a baker, coming about twenty yards before me, tripped up his heels, and threw him in the kennel; I jumped upon him and kept him down; there was a hat lying by the side of him, I have got the hat here,(produces it); soon after, the prosecutor came up bare-headed, and said, that was the man that stole his hat, pointing to the prisoner; I had the hat in one hand, and the prisoner in the other; I shewed the prosecutor the hat, and he said he would swear that was his hat.

JOHN GOULDING sworn. - I am a basket-maker : On Thursday the 10th of last month, I went out between two and three o'clock upon business, when I returned, and had got to the Seven-dials , the clock had struck eleven, I was going to Spitalfields, where I lived; the prisoner took the hat off my head, and ran away with it before me; I ran after him, and called out stop thief; I had not run above half a minute before I heard a rattle sprung; I then made a stop, and in about a minute and a half, or two minutes, I saw the watchman and the prisoner coming to meet me; I said, that is the man that took the hat off my head; it was a very light night.

Q. Had the prisoner a hat on? - A. Yes; the watchman asked if it was my hat, and I said, yes, it was; the fur was knocked off the back part of it, that is the principal thing that I knew it by; this is my hat.

Cross-examined by Mr. Alley. Q. Whoever took your hat did it in a great hurry, it was momentary? - A. Yes.

Q. A man ran by you as fast as he could? - A. Yes.

Q. You had never seen the prisoner before he was in custody of the watchman? - A. Yes; I had, when he took my hat off.

Q. And will you venture to swear that the prisoner is the man? - A. Yes, he is the man.

Q. This affair did not occupy half a minute? - A. No, nor a quarter.

Q. This was midnight? - A. I believe the watch had gone twelve.

Q. You had been making merry a little, had not you? - A. No more than I am now; we had no more than was necessary.

Mr. Alley. (To Monteath.) Q. How many persons were running besides the prisoner? - A. I did not see any other.

Q. How many others might have run upon the cry of stop thief you cannot tell? - A. No.

The prisoner left his defence to his Counsel.

GUILTY . (Aged 19.)

Transported for seven years .

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

Reference Number: t17991030-84

587. RICHARD JENNINGS was indicted for beastiality .

NOT GUILTY .

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

Reference Number: t17991030-85

588. WILLIAM BURGIN , ISAAC MARTIN , and JACOB DACOSTA were indicted, the first for feloniously stealing, on the 13th of September , eighteen pounds weight four ounces of oil of peppermint, value 60l. 8s. the property of James Potter and James Moore , and the other two for receiving the same, knowing it to be stolen .

The case was opened by Mr. Const.

JAMES MOORE sworn. - Examined by Mr. Const. I live at Mitcham; I was in partnership at that time with James Potter , who is now no more; I am a physic-gardener, and a distiller of what I grow: On the 13th of September, I set off from Mitcham, with a great quantity of oil of peppermint; there was a great quantity of it, some in baskets and some in boxes; there was, I believe,

very near three hundred weight; they were all in bottles; it is my custom, before I take any oil from home, to take a sample; this is a sample of seventy nine pounds three ounces, part of which I lost; of this sample I lost eighteen pounds four ounces; I rode in the cart with my servant that day, on account of its being an article of so much value; I delivered the whole of my oil in safety, except three boxes; they were going to the White-horse, Cripplegate, to go by the N[Text unreadable in original.]ttingham waggon, directed to Mr. Heath; I think it was within fifty yards of the gate, at the corner of Fore-street ; I was then sitting in the cart, and my man with me; two men came to the shafts of the cart, and after asking if it was my cart, and told me I had been robbed; the man and I looked round, and I immediately said, Jack, you have lost a box, there ought to have been three boxes, and I saw but two; they attempted to send me up Barhican, but I took them to be the thieves, and I secured my cart in the White-horse yard; I sent my man however, and he returned in about two minutes, after a fruitless search, and said, he could not find them; it was then about half past seven in the evening; it was dark in less than six or seven minutes after; two men came up and said, the property was gone to Old-street; we went up Redcross-street, and Golden-lane, at a great rate; when I got about half way up Golden-lane, I was rather fearful of going further; I met a man and asked him if he had seen three or four men with a box, and he said, they were just before me; but I heard no more of my box till I saw it at Lambeth-street.

Q. Had you observed any body about your cart? - A. No; I saw the property again at the office, the first of October.

Q. Can you state whether this is or not the same property that you lost? - A. I positively believe it to be mine; I am sure it has been drawn this year, that I am very positive of, because it gets thick; it now weighs eighteen pounds ten ounces; it has been shifted twice.

Q. Can you speak to any thing else? - A. I am confident it was drawn either in August or September; this year there are not more than three about here that draw it I believe; I draw more than any body else; I have heard that there are some at York in that way; that quantity can only be wanted by a very respectable chemist and druggist or distiller, they use a great deal; the value when I lost it was sixty pounds eight shillings, and it has been rising in price ever since; a pint weighs a pound, it was sixty four shillings a pound at that time.

Cross-examined by Mr. Knowlys. Q. I believe I heard you right, that though you have a very strong belief on the subject, you will not undertake to swear that it is your's? - A. No.

Q. When you lost it, I believe, it was fastened up with corks of your own furnishing? - A. Yes; it was contained in six Winchester quarts, corked by myself, and put up by myself.

Q. When you found it again was there the same corks or the same bottles? - A. No.

Q. Did you not go to a house in Old-street, kept by a person of the name of Jacklm, and charge it with having come to that house? - A. I went with two men, but I did not go in, for I was very ill treated; I was taken into custody and detained.

Q. At Jacklin's house? - A. Yes; Mr. Nares very much reprobated their conduct; Rixen keeps a public-house, the Rodney's-head, in Old-street, just by Jacklin's door; he is a constable, and he used me very ill, and would not let me send for my friends; and when my friends came, he said, he would forgive me; but I did not chuse to be forgiven by them, and I went with them to Worship-street.

Court. Q. Why did you not indict them? - A. The Magistrate said, there was not ground, or else I would at any expence.

Mr. Const. Q. How long might they contrive to keep you? - A. I suppose about an hour; I wrote a letter to my cousin, at Apothecaries-hall, and the letter was intercepted; Jacklin came out and said I was a thief, and charged me with a constable.

TIMOTHY JORDAN sworn. - Examined by Mr. Const. I am a chemist and druggist in Whitechapel: On the 27th of September in the forenoon, the prisoner Dacosta, and De Silva, brought me a sample of oil of peppermint.

Court. Q. Do you buy from sample? - A. Yes; that is the usual course of the trade; we can tell from the sample what the quality is; I told them to call at three in the afternoon, and I would give them an answer; they told me there was about eighteen pounds of it; in the interim, about eleven in the forenoon, I went to the Magistrate's at Lambeth-street, having heard that a quantity was stolen in the trade; I mentioned the circumstance to them, that I had a sample of all the peppermint brought me for sale, which corresponded with the peppermint that I heard was lost; two officers, Griffiths and Nowlan came to my house, and at three o'clock Dacosta and De Silva came for their answer, and I told them to bring the goods at their price, sixty shillings a pound; at half past four, Dacoster and De Silva, brought one quart bottle; the officers took them into the laboratory, and charged them with knowing something of the goods; they said, they knew nothing at all of it; that Martin was coming, who belonged to the goods, with the remainder part of them; a few minutes after, Martin and Samuels brought five

half gallon square bottles more, they were not full; Martin said to Samuels, go to a public-house and call for something, and I will be with you directly; Martin asked him if Dacosta had been there with any oil of peppermint; I told him, yes; he then asked me who was the master of the house, I told him I was; he then said, the oil of peppermint belongs to me, you must pay nobody for it but my self; Griffiths, upon hearing that, took him backwards with Dacosta and De Silva, and asked him how he came by the oil of peppermint; he said, he had bought it, he did not know who the man was that he bought it of, but he should know him again if he saw him; then they were all four taken into custody; Samuels said, he was not concerned in it, but he would go with the officers.

Court. Q. Does the sample, produced by Mr. Moore now, and the bottles, and the sample, brought to you, all agree? - A. They do, to the best of my judgment; it is impossible to swear to it.

Cross-examined by Mr. Gurney. Q. The mode of ascertaining the quality of oil of peppermint, is by mixing it up with other commodities? - A. Yes.

Q. Do you mean to say, that by taking a sample, you can form an accurate judgment? - A. No.

Q. If oil of juniper is mixed with it, by mixing it with other commodities, you discover it? - A. Yes.

Q. The weight is the same? - A. No; the oil of peppermint is the heaviest.

Q. The difference is very flight? - A. It is considerably heavier.

Q. Your searched Burgin's house? - A. Yes.

Q. Did you find the least trace of bottles, or boxes, or any thing of that kind? - A. No.

Court. What is he? - A. A corn-chandler, and gingerbread baker, opposite Old-street.

Cross-examined by Mr. Knapp. Q. Did you know Dacosta before? - A. Yes.

Q. Have you had dealings with him before? - A. Yes.

Q. Have you not always had a good opinion of his honesty? - A. Certainly.

Court. Q. What is he? - A. A broker.

Q. What dealings have you had with him? - A. Such as aloes, and things of that kind; he is a drug broker.

Mr. Const. Q. Do you know what quantity of oil of peppermint is used by consectioners? - A. I suppose an ounce of oil of peppermint would make a hundred weight of peppermint drops.

JOHN GRIFFITHS sworn. - Examined by Mr. Const. I went to Mr. Jordan's on Friday, the 27th of September, in company with Nolan, about three o'clock; we stopped there some time in the kitchen backwards; Mr. Jordan informed us that one of the parties was course; that was De Silva, and we went and took hem into custody; I took him into the back room, and asked him if he knew any thing of the oil of peppermint; he said, he had nothing at all to do with it; that Martin was the owner of it, and was coming with the other part of it; some time after, Martin came in; I heard Mr. Jordan ask Martin, who was the owner of that property; he made answer, and said, it was his property, that he was the owner of it; I then took him in custody; I took him into the back room to De Silva, I asked him who he had got that oil from; he said, that he had bought it of a man, but did not know where he lived; he said, he thought he could find him; after stopping there some time, I took him down to the office, and Samuels was brought by Nowlan; he said, he could tell us where they bought it; he went with us to Burgin's house; my brother, who is one of the officers of the same office, went in with Samuels, I remained outside, till the coach came to take him away; I went in the coach with Burgin; Burgin requested that he might go into the house, while the house was searched, because, he said, his wife was not at home; I consented to that; I then took Burgin out of the coach into his house, I went up stairs, and Burgin said, we were very welcome to look over any part of his house, for he had no such thing as oil of peppermint in his house; I had told him what we apprehended him for, we found nothing; we then returned to the coach, and coming along in the coach I asked Burgin, how he came by this oil, that the other men were in custody and had accounted how they came by it; I told him it was traced back into his hands, and that he had a right to account how he came by it; he answered me, that he kept an open shop, and that he had a right to buy; that he was in the habit of making peppermint drops, but after he had bought it, he said, he found that it was rank, and not fit for his use.

Court. Q. He did not say who he bought it of? - A. No.

JOHN NOWLAN sworn. - Examined by Mr. Const. I apprehended Dacosta and Samuels; I apprehended Dacosta in Mr. Jordan's shop, and Samuels in the street; I asked Dacosta what concerns he had in the oil of peppermint; he said, he had no other concern in it, than being employed as a broker to fell it for Mr. Martin; I laid hold of Samuels, and asked him what he was doing skulking about the house, and then I asked him what he knew of the oil of peppermint; he said, he would take me to the house where Martin bought it, and gave seventeen guineas for it; I took him in a coach to Burgin's house, and I asked Burgin who he bought it of; and he said, he would not tell till he came before the Magistrate.

Mr. Knowlys. Q. You found no bottles, or any thing of that fort at Burgin's house? - A. No.

SAMUEL SAMUELS sworn. - Examined by Mr. Const. I keep a fish-stall in Petticoat-lane: On Friday, two days before Michaelmas-day, I went to one Mr. White's, at Islington, he is a beadmaker; I was going to carry him some fish-scales; I was coming down Sun-street back again, about half past three o'clock and I saw Martin.

Q. Did you see any body else? - A. Yes; Mr. Burgin and a man that keeps the Blue Anchor, in Petticoat-lane, and Belasco.

Q. Is he here? - A. No; Martin asked me if I could lend him any money; I put my hand in my pocket and pulled out some silver and three guineas; he took the three guineas, and gave earnest for some goods to Mr. Burgin, he did not mention what goods; after that, Mr. Burgin returned him two guineas back, and said he did not want but one guinea earnest; at that time Martin and I went away together and Joseph Belasco ; Burgin said, you must call upon me in an hour, or else you will forfeit the earnest; we left Burgin and the publican together in the street; Martin said to me, get me what money you can, you shall have a guinea for your trouble; then we all three went to the Black-lion public-house, in Petticoat-lane; when we went in Martin went back wards to the parlour; Mr. Adshead, the landlord, was sitting in his parlour; Mr. Martin called out Mr. Adshead, and said to him, you promised to lend me seventeen guineas; he did not make any answer to that; Belasco said, as I have come all the way with you, and as I know you to be an honest man, I will lend you five guineas; when he had lent him the five guineas, I gave him back again the two that he had returned to me, and that made three; then Adshead gave him eight guineas, a one pound note, and one shilling, which made nine guineas; then we went away for the oil of peppermint.

Q. How came you to know it was oil of peppermint? - A. Martin mentioned it after we came out of the public-house, and asked me to go with him to fetch it; I went with him to Old-street road; I saw Burgin standing about five or six doors from his house; then Martin went with Burgin to Burgin's house, he is a gingerbread baker; then I and Dacosta went to a public-house and had some beer.

Q. Where did you find Dacosta? - A. At the Black-lion; Belasco did not go with us for the goods; I said to Belasco, you had better go and see where he stops so long, and he went out, and then I went to see where they were stopping, and I saw them in about two minutes after; I saw Martin come out with a basket upon his head, I did not see Dacosta; I went with Martin to Bunhill-row, and then Martin said, you had better go back, and see where Dacasta stops, I went back to Burgin's and Burgin told me, he was just gone down Golden-lane with one bottle; I came back to Martin, and took the basket upon my head, and carried it.

Q. What is Martin? - A. He deals in sugar and peppermint-drops, and sugar-cakes, and all these sort of things, and carries them about the streets in a box: then I went to the Black Lion, and asked if Dacosta was there; he was not there; then I went back to Martin, and told him he was gone to Mr. Jordan's, in Whitechapel; the people at the Black Lion told me so; then I carried the basket on my head to Mr. Jordan's, in Whitechapel, and there Martin told me to put it down; I did put it down, and he told me to go and have a time of beer, and then I was taken before the Magistrate.

Q. Do you know what was given for it? - A. No, I cannot say; there were seventeen guineas borrowed, but I cannot say what they might give for it; then I went with the officers to Burgin's house, and he was taken up.

Cross-examined by Mr. Alley. Q. You were in the coach with Burgin and Griffiths? - A. Yes.

Q. Do you recollect any such thing as this, said by Griffiths to Burgin, that as the peppermint was found, he had better acknowledge it? - A. Griffiths did say to Burgin, you had better tell how you came by it, for it will be better for you, and the people that are taken up.

Q. There had been a previous search made at Burgin's house? - A. Yes.

Q. And no trace of any thing of the sort to be found? - A. No.

Court. Q. Were you to have any of this peppermint? - A. I was to have a guinea for my trouble in raising the money for him.

ABRAHAM DE SILVA sworn. - Examined by Mr. Const. I am a confectioner; and one part of the year, when our business is dead, I am a dealer and chapman, and go to sales: On the 26th of September I saw Martin at the Black Lion, he shewed me a parcel of peppermint, he asked me what I could give for it; I told him I could give him 38s. a pound for it; he said, it cost him more money; I offered him two guineas; he said it cost him forty shillings, he should get but two shillings a pound by it; I desired him to give me a sample of it, which he did accordingly; I then went from him to Mr. Dacosta's house, and said, here is something that we can get a shilling by, if you can get a customer for it; he went with me to Mr. Adcock's, in st. Marry Axe; he said it would not do, for it was mixed with some chemical oil; I went to another place, and they did not want any; then I went to Mr. Jordan's, they told me he would be at home in the morning about ten o'clock. I got Dacosta to go with me; he said, what should I ask for it; I said, ask three pounds, and then I shall have room

to abate; when we got to Mr. Jordan's, we shewed him the sample; he said, what do you ask for it; says he, sixty shillings a pound; I knew the value of it nearer than DeSilva or Martin, I have used a great deal in my time. Mr. Jordan said, if we would call at three o'clock, he would give us an answer; we went, and Mr. Jordan said, if you cannot take any less, you may bring the peppermint; Dacosta asked me what he was to have for his trouble; I told him I would allow him one shilling out of every pound weight that was sold. Then I came to Martin, and told him he must get it delivered as soon as he could; I had another appointment, that I could not go then, and I told Dacosta if he would assist Martin in carrying the bottles, for fear they should be broke, I would make him a compliment of something farther for his trouble, and he said he would. I told him I would meet him in half an hour at the public house, which I did; and Dacosta came in with a bottle under his arm; I went with the bottle to Mr. Jordan's, and I was taken into custody by Griffiths; I told him I had it from Martin, and that he was coming with the remainder directly.

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

Q. And you were admitted an evidence? - A. Yes.

Q. The account you gave there convinced the Magistrate you were a fit person to be a witness here? - A. I spoke nearly the same then as I do now; but I was slustrated.

Q. Did you make no enquiry where Martin got it? - A. No.

Q. I must beg the favour of you to recollect yourself: did you, or did you not ask him where he got it? - A. He told me of a very respectable gentleman that he worked for, and served with goods, that satisfied me that it was safe to buy it. Martin and Dacosta had been at variance together.

Court. Q. Did Martin tell you who he had it of? - A. No, he did not.

Cross-examined by Mr. Gurney. Q. The first you saw or heard of this, was on the 26th of September? - A. Yes.

Examined by the Court. Q. How came you to ask him who he had it of? - A. Because I thought he might be imposed upon by some artful person or other.

Q. What day of the week was it? - A. On a Thursday.

Q. Are you sure it was a Thursday? - A. Yes; it was on Friday that we were taken.

EDWARD HARVEY sworn. - Examined by Mr. Const. Q. You have seen the oil brought here? - A. Yes, and I have seen the sample; I have compared them, and cannot find the least difference: I took the means that I always take when I mean to try a sample of oil that I mean to buy.

Q. This commodity is, I believe, very apt to vary in colour? - A. Yes, it does; but I can discern no difference in the colour of this.

Q. Is this genuine, or adulterated? - A. I conceive it is; I should be satisfied with it.

Cross-examined by Mr. Gurney. Q. You do not mean to swear positively that it is the same oil? - A. Certainly not; but it is so like that I cannot find any difference.

Q. It is a thing extremely liable to adulteration? - A. I dare say it is.

Q. To an ignorant person a mixture of oil of juniper might appear to be nearly the same? - A. I should consider not.

Q. Suppose this was adulterated, one in four, with oil of juniper, might it not appear to be nearly the same? - A. It might to a person not conversant with the subject.

Mr. Const. Q. All that you say is, that persons not understanding either might be imposed upon? - A. Yes.

Q. What is the value of it? - A. Seventy-two shillings; it was worth sixty-four shillings at that time. The same peppermint would differ, both in colour and in smell, drawn from the still by two different operators.

Court. Q. Are you, in your mind, satisfied that it is the same? - A. It is the same in quality, in flavour, and in smell.

FRANCIS MOORE sworn. - Examined by Mr. Const. I am a chemist: I have examined the oil and the sample.

Q. Have you any doubt that it is the same? - A. None; I think they are exactly the same.

Q. You will not swear it is the same? - A. No; I have made the same experiment with the quantities as I have with the sample, and the results are the same.

Q. Is it genuine? - A. I should purchase it for myself as genuine.

Court. (To Harvey.) Q. Have you any doubt that it is the same? - A. I have not.

Burgin's defence. I am quite innocent of the charge.

Martin's defence. My Lord, and Gentlemen, I am a confectioner by trade; I have served Mr. Burgin for several years with confectionary goods; and coming one day to his shop, he asked me if I could do any thing with oil of peppermint; I did not know the value of it; I told him, if he would let me have a sample, I would try to get him a customer for it; I carried it to De Silva, and he told me, the next morning, that he had sold it for sixty shillings a pound; I went to Mr. Jordan's, and told him that it was left in my care, and begged he would pay me. I have a wife and five small children; and if a poor man cannot buy goods of a responsible man, not in the street, but at his own house in safety, how is a poor man to know what to do.

Dacosta's defence. I am innocent of this; I knew nothing about it till De Silva came to me; and I was to have one shilling in the pound for my commission. I have a wife and four small children.

For the prisoner Burgin.

ANN KINGSFORD sworn. - Examined by Mr. Knowlys. I live at Newington-causeway; my husband is a smith, and I keep fairs; I kept the last Edmonton-fair; I was at Edmonton-statute; on the 14th of this month it will he two months ago.

Q. How long have you known Burgin? - A. Between sixteen and seventeen years; I purchased nuts, gingerbread, and pound-cake, and all those things for the fair, of him, the day before the fair, on the 13th, and I packed them up there about four o'clock in the afternoon.

Q. Did he appear at that time to be busy or otherwise? - A. Very busy.

Q. Can you tell us to what amount you bought goods? - A. Yes, to the amount of two pounds, eleven shillings, and fourpence, in gingerbread goods; I continued there from four o'clock in the afternoon till eleven at night.

Q. Were there many customers in the shop, or few? - A. A good many.

Q. Did you see Mr. Burgin all that time? - A. All the time; he was not out of fight, for he was very busy all that day.

Q. How many servants does he employ? - A. There were three apprentices.

Q. Could he have left his house during that time without your perceiving it? - A. No.

Q. Was there every appearance of business that should demand his staying at home? - A. Yes.

Q. How was he dressed at that time? - A. He had no coat on, his shirt-sleeves were quite tucked up.

Q. Was there, within your observation, a very great press of business? - A. Yes; it was a very busy time.

Cross-examined by Mr. Const. Q. Was this the day before the fair, or the day of the fair? - A. The day before the fair.

Q. Where did you sleep that night? - A. At my own house at Newington-causeway.

Q. Who was with you of your own party? - A. Nobody.

Q. Were your things sent to you that night? - A. No; they were sent to Edmonton the next morning; I have the bill in my pocket.

Q. Did the bill go with the goods? - A. No, it was delivered to me. (Produces it.)

Q. Here is no receipt to it, I see? - A. No, we had a very bad fair, and I have not paid it.

Q. That bill you have never produced since? - A. No.

Q. Not to any body? - A. No.

Q. Then how came you by it here; you have had it loose in your pocket? - A. No, it was in my pocket-book: when we have a bad fair we pay it off as we can.

Q. You have your bills, I suppose, of other people? - A. I don't know that I have. (Produces another of Burgin's.)

Q. Who desired you to come here? - A. I am subpoenaed

Q. Who delivered you the subpoena? - A. That gentleman. (Pointing to the prisoner's attorney.)

Q. Did not you shew it to him? - A. No, I did not; I have had it in my pocket-book ever since.

Q. How soon did you hear of Mr. Burgin being in trouble? - A. About a fortnight after.

Examined by the Court. Q. Did you owe Burgin any thing in September? - A. No; except a little that you see upon that bill.

Q. Is it five pounds? - A. I cannot tell; there is two pounds, eleven shillings, and fourpence.

Q. But how much did you owe before? - A. I cannot say; I was never afraid of his imposing upon me.

Q. Is it one pound? - A. It is more than that, I know.

Q. When you give your orders, how did you give them in general? - A. Sometimes two or three days before, and the orders are always booked.

Q. Did he deal in any thing besides gingerbread? - A. Yes, palm-cakes and heart-cakes.

Q. There is gingerbread in different forms; there is nuts and parliament gingerbread? - A. No, that is what we call shop-goods, we never sell them at fairs.

Q. There are fine gilt things? - A. They are toys.

Q. Were there any toys in this order? - A. I cannot say; I do not think there are any, for I had a great many left; but I believe I ordered a few cuckoltls.

Q. Were there any watches? - A. Yes, I believe there were.

Q. Any breeches? - A. I believe there were; and heart-cakes and pound-cake.

Q. Mr. Burgin was very busy at that time; what was he busy about? - A. Serving the customers.

Q. You had given your orders some days before? - A. Yes, but then they were not ready.

Q. Of what use could it be to you to stay from four till eleven o'clock? - A. I was an acquaintance there, and the goods were not ready till nine; he put me off, and served other people, on account of acquaintance.

Q. But he was a very honest man; you could have trusted him to have sent your things? - A. Yes, but I pack up myself, and then I know how

to open them again the better; I always pack up my own things, and it being late, he helped me.

Q. What day of the week did the fair begin? - A. It lasted three days, and began on Saturday.

Q. He has three apprentices? - A. Yes.

Q. Who writes the orders in the book? - A. I do not know which it was wrote it down, whether Mr. Burgin or John Elliott.

Q. Have you any one bill from any one tradesman, in your pocket, besides Burgin's? - A. No.

Mr. Knowlys. Q. As you have known him so long, what character does he bear? - A. I never heard any thing amiss of him.

THOMAS FOWLER sworn. - Examined by Mr. Gurney. I live in New-inn-yard, Shoreditch; I am a gingerbread and biscuit-baker; I keep fairs; I was at last Edmonton fair; it began on Saturday; the 14th of September; it lasted three days.

Q. Where were you the day before the fair? - A. At Mr. Burgin's house, in order to get my goods ready; I went about eleven, and staid there till about one; when I went for my goods, they were not ready; I had a horse and cart of my own, and took away what I could get, and the remainder I went again for; I wanted gingerbread nuts, cobnuts, heart-cakes, and a pound of little bibles; I staid till a quarter after six, and then I went away; he was very busy all the day long; I left him in the shop weighing the goods.

Q. Had he then customers waiting for goods? - A. Yes; Mrs. Kingsford was there particularly; she was in the parlour drinking tea; I have dealt with Mr. Burgin between six and seven years; I have known him from his infancy; he has bore a very good character.

Cross-examined by Mr. Const. Q. Does Burgin deal in any thing besides gingerbread? - A. Not that I know of.

Q. Is not he a corn-chandler? - A. What I deal with him in is gingerbread.

Q. Is he a corn-chandler? - A. Yes, he is; here is a bill of parcels that I received with the goods; (produces it;) I paid it on the 24th of October.

Q. When were these figures (Sept. 13th) put in? - A. When the bill was made out.

Q. You saw it written at the same time? - A. Yes, I did.

Q. With the same pen and ink? - A. Yes.

JOHN HILL sworn. - Examined by Mr. Alley. I am a carpenter; I was at Mr. Burgin's house on Friday, the day before the fair; I went there about a quarter after six, and staid till eight; I was there waiting for goods to take to the fair; I was waiting till the light cakes were baked; Mr. Burgin and I weighed them: all the time that I was there, I am sure he was never out of his house.

Cross-examined by Mr. Const. Q. Have you got your bill of parcels? - A. Yes.

Q. This was made out that Friday evening that you received your goods? - A. Yes.

Q. By whom? - A. By Mr. Burgin.

Q. Did you not see Fowler there? - A. I do not recollect seeing him there; he frequently works for Mr. Burgin.

Q. You are sure he was not there during the time that you were there? - A. He was not to my recollection; I did not see him go there.

Q. Were you there at a quarter past six? - A. I do not say to a few minutes, I am sure it was past six; I cannot say exactly.

Q. How happened you to have the bill in your pocket now? - A. To shew what date it was.

Q. Are you sure this was written upon that day? - A. Yes.

Q. Did you observe more ink-stands than one upon the desk? - A. No; he made it out in the parlour, where there was a little desk.

Q. Was any body else there? - A. Yes, Mrs. Gould, and Mrs. Burgin.

Q. Who is Mrs. Gould? - A. Mrs. Burgin's mother.

Q. And nobody else? - A. It is a good while ago, I cannot recollect particularly.

Court. Q. There were only two women there? - A. No.

Q. Did you see Mrs. Kingsford there? - A. No; I cannot take upon me to say she was.

Q. Can you take upon yourself to say she was not there? - A. No, I cannot; I have seen her there many times, but I do not recollect whether she was there that night or not.

DINAH GOULD sworn. - Examined by Mr. Knowlys. I am mother-in-law to Mr. Burgin, I attend the shop: Edmonton fair was on the 14th of September; the day before that, Mr. Burgin was as busy as he could be; I was there all the whole day through.

Q. From five o'clock in the evening till eight, could he have left the house without your knowing it? - A. No, not till he went to bed; I fastened the door.

Q. Upon the solemn oath you have taken, was your son-in-law out of the house at any time between the hours of five and eight? - A. He was not; he was very busy the whole of the day, and the whole of the evening; he was obliged to employ extra men.

Q. How long did he continue to work that evening? - A. The last thing he did, was the drawing a large pound cake out of the oven at eleven o'clock at night.

Q. Have you any back-door to your premises? - A. No.

Q. Then, if he had gone out he must have gone out at the front-door? - A. Yes; he was in his shirt-sleeves, and his shirt tucked up during the whole day from breakfast.

Cross-examined by Mr. Const. Q. Burgin has two shops? - A. Yes.

Q. When he is so busy in this shop, who attends the other? - A. There is nothing but hay and straw, and such.

Q. Do you make out any hills of parcels? - A. Sometimes I do, but the fair business he puts down always in a book by itself; the boys will sometimes take an order, but that day he took them all himself.

Q. Is that book here? - A. I do not know.

Q. Do you know Mrs. Kingsford? - A. Yes; she staid from four o'clock till eleven, and supped with Mr. Burgin and me; she was packing up her goods, and going backwards and forwards.

Mr. Knowlys. Q. Is Mrs. Kingsford a woman of character? - A. Yes; she was there all the time.

JAMES RABNETT sworn. - Examined by Mr. Gurney. I am foreman to Mr. Burgin: Edmonton fair began on Saturday the 14th of September.

Q. Where was Mr. Burgin the day before? - A. At home all day, very hard at work; I went away at half past nine at night.

Q. Between five o'clock and half past nine, was it possible for him to be out without your knowing it? - A. No, it was impossible.

Q. Do you know Mrs. Kingsford? - A. Yes she was there that evening, and Mr. Fowler, and Mr. Hill.

Q. Are you quite sure he could not have been out of the house without your knowing it? - A. Quite sure.

Q. Were they all there at the same time? - A. Yes.

Q. Do you recollect any conversation they had together? - A. No.

Q. They were all there at the same time? - A. Yes.

JOHN HICHE sworn. - Examined by Mr. Alley. I am servant to Mr. Burgin: I recollect Edmonton fair; I was at his house the whole of the day before the fair, he was never out the whole of that day; his coat was off all day, and his shirt-sleeves tucked up; he worked with me in the bake-house, I never observed him to go out at all; he could not have gone out without my knowing it.

Cross-examined by Mr. Const. Q. Do you remember Mr. Fowler, and Mrs. Kingsford being there- A. Yes.

Q. Do you recollect how soon Mrs. Kingsford went away? - A. No; but I am sure she was there about six or seven o'clock; I believe she staid very late.

Q. How long after this, do you think? - A. Till eight; or it might be more.

Q. Was she gone at half past eight? - A. I am not positive in that, I believe not.

Q. Was she there till bed-time? - A. I cannot say.

Q. Who supped in the parlour? - A. Now I recollect, I think Mrs. Kingsford was there.

Q. What time was Hill there? - A. He was there at eight o'clock, knocking out heart cakes; and I believe it was nine o'clock before we got his goods ready.

Q. Fowler did not stay so long? - A. I cannot say.

WILLIAM PRICE sworn. - I worked for Mr. Burgin on the 13th of September; I came to lend him a hand that day for Edmonton-fair, the fair was the next day.

Q. Was that day busy day? - A. Yes, a very busy day indeed; Mr. Burgin was not out of my sight five minutes during the whole of that day; he had his shirt-sleeves tucked up all day.

Q. Between five and eight o'clock in the evening was he out at all? - A. No, he was not; no man could be much more busily employed than he was that day.

Q. Do you know Daniel M'Aulay ? - A. Yes; he was an extra man that day.

DANIEL M'AULAY sworn. - Examined by Mr. Gurney I am a baker employed by Mr. Burgin: The day, before Edmonton-fair I was employed for that day, it was on a Friday, the fair began on the Saturday; he was in the bake-house, and up in a lost packing goods.

Q. Was he in the shop at all? - A. No further than for his meals.

ROBERT SMITH sworn. - Examined by Mr. Alley. I am servant to Mr. Burgin.

Q. Do you remember the day before Edmontonfair? - A. Yes, on a Friday; it was a very busy day, he was in his working dress, he was never out of the house all that evening.

The prisoner, Burgin, called fourteen other witnesses, who gave him an excellent character.

The prisoner, Martin, called four, and Dacosta seven witnesses, who gave them a very good character. Burgin, GUILTY (Aged 36.)

Transported for seven years .

Martin, GUILTY (Aged 28.)

Transported for fourteen years .

Dacosta, NOT GUILTY .

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

Reference Number: t17991030-86

589. MARY GARDNER was indicted for that she, on the 5th of August , a piece of counterfeit money to the likeness of a good shilling, did utter to Elizabeth Hall , spinster , knowing the same to be false and counterfeit .

ELIZABETH HALL sworn. - I am a tobacconist , at No. 19, Fleet-market : The prisoner came to me on the 5th of August, the first shilling she brought to me was in the morning; in the afternoon she came again for half an ounce of snuff and change for a shilling, it came to three halfpence; I looked at the shilling, and went to Mr. Griffiths's to get change, and they told me it was a bad one; she had come several times that day for half ounces of tobacco and snuff; Mr. Griffiths sent for a constable, and she was taken into custody; the constable has got the shilling.

- GRIFFITHS sworn. - I am in the liquor trade, in Fleet-market, next door to the last witness; I was called to go to Miss Hall's shop, there was the prisoner and another woman in the shop; the prisoner put down a shilling, and I looked at it, and said it was a bad one; she said it was a very good one; the other woman went out immediately.

- WARD sworn. - (Produces a shilling); I had this from Miss Hall; I took the prisoner into custody, and searched her, but found no money upon her of any sort; but I found this blacking, which I thought may be used for the colouring of money.

(Mr. Parker proved the shilling to be counterfeit, and that the blacking was such as is used for the colouring of base silver.)

The prisoner, in her defence, denied having and knowledge of its being a bad one. GUILTY .

Confined six months in Newgate , and find security for six months longer .

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

Reference Number: t17991030-87

590. CHARLES JACKSON was indicted for obtaining goods under false pretences , the property of Thomas Poole .

(It appearing in evidence that the goods were obtained in consequence of a representation which turned out to be true, the prisoner was ACQUITTED .

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

Reference Number: t17991030-88

591. JOHN MASON and THOMAS TYLER were indicted for a conspiracy .

(The case was opened by Mr. Garney.)

WILLIAM GRIEVE sworn. - Examined by Mr. Gurney. I keep a shoe-warehouse, at the corner of Brewer and Warwick-streets, Golden-square: On Monday the 24th of June last, the prisoner, Tyler. called upon me, his son lived errand-boy with me; he asked me if I served merchants with shoes; I told him, yes; he then said, for my kindness to his son, he had recommended me to his master, who was a very capital man, and dealt very largely in shoes; he said, his master was a merchant; he said, he would bring him the next morning to look over the different sorts, and make choice; he did not say any thing about my charges then, he appointed nine o'clock the next morning; I waited till nine, but I did not see them till the Wednesday morning, they both came together; I saw Mr. Mason, and Tyler addressed him to me as his master, and I shewed him different sorts of goods, and he made choice of some; he gave an order for ten dozen of men's shoes, I am not quite certain of the price.

Q. Were they worth three pounds a dozen? - A. Yes, more than that; and there were some Spanish leather shoes, and two dozen of Moroccos; Mason then desired me to send them to his accompting-house, at No. 11, St. Thomas Apostle .

Q. Did Tyler here what passed between Mason and you? - A. Yes; we all three stood together, and they both went away together; Mason said, he hoped I would put them in at a low price; I told him I would, but that I always dealt for ready money; Mason said, he meant ready money; he said, he had frequently large orders of shoes, and I might send them another time, without his coming down, and the reason of his coming down was, that he might see the different sorts, that he might send his orders another time; I sent them home the next day, which was Thursday, but being very busy on the Thursday, I had not an opportunity to look at them, and the clerk,(as he pretended to be) Tyler, called on the Thursday after on wondering that I had not brought them, and to know the reason; he said the money was sure, that his master was an honest man; he said, he was the most punctual man possible, but he would be a good customer. if I pleased him in that order; I asked him what time would be the best to see his master; he said, the middle of the day; I told him, I should bring them myself, as I was to be paid ready money for them; and in the middle of the day, I locked them up in a trunk, and took my shop-man with me to No. 11, Great St. Thomas Apostle; there was written at the door, "Compting house bell," but no name up; I wrapped at the door, and the clerk, Tyler, came to the door; he had a pen in his hand, sitting at the desk, apparently at writing; I ordered my man to put the trunk into the passage of the accompting-house; I asked Tyler if Mr. Mason was at home, and he said, no, he was obliged to be out upon particular business, and would not be at home till three o'clock; this I think was past one, I cannot be certain to half an hour; he persuaded me to leave them and call another time; she trunk was not then unlocked, I had the key in my pocket; he said, for fear he should not be in by three, I had better make it half an hour after; I desired my man to go home and leave the truck opposite, the house, there being a stable-yard opposite, in case I should not get the money, to bring the goods back again; I took the key with me, and left the trunk there; I went to St. Ann's-lane, and returned again, for I was rathes uneasy from the ap

pearance of the house; it had the appearance of a merchant's accompting-house, but not in the style that I expected; I returned to enquire their character in the neighbourhood; when I came back in a very short time, I dare say not a quarter of an hour, I saw Mason near the hose, seemingly standing in the street, I think I spoke to him first; I said, I have left the goods at your accompting-house and I will return and shew them to you; he returned with me to the accompting-house; the prisoner, Tyler, opened the door to us when we went in, I unlocked the trunk; says I, here are the goods, will you be so good as look over them, as I have got the truck here in order to convey the trunk back; he pretended to be in a hurry, and said, I have not time to look at them now; Tyler was present all the time; I asked him if he would pay me for them; he said, oh, yes, and put his hand to his pocket as though he was going to pay me; he turned round immediately and said, I cannot now, I should not wish to pay for them till I had looked them over, I have not time now, nor cannot before to-morrow morning; but, says he, I will look them over and call upon you and pay you; if not, I positively will on Monday morning, for may be I may be busy to-morrow morning; I said, it is not usual to leave goods without payment the first time of dealing, and as I agreed for ready money, I expect the payment; surely, says he, you cannot doubt me till to-morrow, morning, you would not have me pay for them till I have looked them over; says I, sir, but my man and the porter are waiting to convey the truck home; then says he, I will pay the expence of the porter carrying it home; I put the key in the trunk and came away; I was not perfectly satisfied in my own mind, and in consequence of some information I received that day, I went the next morning by three o'clock, I thought they could not have had the impudence to remove them so early; I went to the accompting-house at three o'clock in the morning. I watched the door, and about seven I saw the window open; I then saw the door opened by a woman; I then went up to the door, I did not see Tyler, but I went into the accompting-house, put my hand to the trunk, and found it was empty; from information I received, I went to Goswell-place, it was then very little after seven, I knocked at the door and Mason looked out at the window; I told him, I wished to speak to him, and he came to the door in his shirt, without any other dress on; I told him, that I conceived I was robbed of my shoes, and I hoped he would return them, that I surely would not leave him till I had some satisfaction; he said, he would pay me for them; I told him I did not wish payment, I would have my goods again; while we were talking in this way he dress himself; he said, if I would stop till ten, he would pay me; I wrote a direction and went to the door to call to a boy that was at some distance that I might get some assistance, and he pushed the door against me and shut me out; I then looked through the parlour window and saw him making his escape backwards; I ran round to where the back door was, but he had made his escape.

Q. What sort of a house was this, that the merchant lived in, in Goswell-place? - A. A small house, in a must contemptible place.

Q. What rent was the house, do you think ten pounds a year? - A. I dare say it was full that; it was apparently let in lodgings, for Mason and his wife slept in the parlour; I then immediately went, as I clearly saw I was tricked; I went to seek after Tyler, I found him, and related how I had been served by Mason, and hoped that he would restore me the goods; he made many pretences, at last he consented to go in search of them; he said, that he knew he was an honest man, and that he was sure I should be paid, and begged me to go home. and a great deal to that purpose; after this, he confessed that they were sent to Purse's auction-room, in Cloak-lane; he took me there, and there I saw them; it was twelve o'clock before I could get him to tell me where they were; a friend of mine went with me and Tyler to Purse's, and my friend, in the presence of Tyler, asked whether some goods had not been sent there from Mason; it was Mr. Purse's clerk, Mr. Job, that we saw, he hesitated for some time, at last he consented that I should see them; he then told us, that they were sent in the day before.

Q. That was the day you had sent them? - A. Yes; he said, that they were lodged there, and that he had advanced some money upon them; I saw my goods, and my name in a printed label in every pair of shoes, and the women's shoes had never been unfolded when I saw them in his warehouse; we then took Tyler to Guildhall, and he was committed; about six days after I found Mr. Mason, I had frequently applied at his house, but could not find him there, I found him by accident; I was in a coach, somewhere behind Clerkenwell, I jumped out of the coach and took him; he resisted a little, but I got him into the coach and took him to Guildhall, and then he was committed.

Q. What was the value of the shoes that you delivered? - A. Upwards of fifty pounds.

Cross-examined by Mr. Knapp. Q. Have you any partner? - A. No.

Q. Tyler's son was an errand boy of your's? - A. He was.

Q. The representation that Tyler made to you of his having a master in St. Thomas Apostle, you found to be true? - A. Yes.

Q. He never represented to you that the goods were to be bought by him, but by his master? - A. Certainly not; but I surely should not have left them.

Q. Did you not find that all the purposes were answered when he declared that his master was the person to whom you were to sell the goods? - A. I have understood from him, and from the boy, that he was a clerk to Mason.

Q. Therefore the goods which were to be sold by you, and for which he had recommended you, were sold to the master, and to the master alone? - A. Certainly.

Q. And you found at the accompting-house that there was a person of the description of master, who had an accompting-house there? - A. Yes.

Q. It had the appearance of being an accompting-house, from the outside at least? - A. Yes.

Q. Tyler did not bargain with you for the goods, but Mason? - A. Certainly; but Tyler was with him.

Q. Did you understand that Tyler was to have any concern whatever in the goods? - A. Certainly not.

Q. Did Tyler, at any one part of the transaction, appear any other than as the clerk of Mason? - A. He did not appear as his clerk; I thought he seemed to make too free a great deal; I certainly understood Mason was to be my payment.

Q. You left the goods, and gave implicit credit to Mason till the next morning? - A. Yes.

Q. Something in your mind misgave you, and you returned at three in the morning? - A. Yes.

Q. When you returned at three in the morning, neither Mason nor Tyler was there? - A. No.

Q. You found Mason at Goswell-place? - A. Yes.

Q. Tyler was not there? - A. No.

Q. You met Tyler afterwards, another day? - A. I know I took him that day, at his own apartments near St. George's-field.

Q. He afterwards told you where you might find those things, and actually took you to the place? - A. Yes.

Q. Therefore Tyler took you to the place where your property was, and where you recovered your property? - A. I have never recovered it.

Cross-examined by Mr. Alley. Q. It was the next day after you left the goods, that you took Tyler? - A. Yes.

Q. You had agreed with Mason, and entered into a consent that he should pay you the day after? - A. Yes.

Q. And that time had not expired? - A. No; but I did not mean to give him credit for a shilling.

Q. Was there not a bill of parcels? - A. Yes.

Q. There was no receipt to it? - A. No; I had a receipt, though I did not produce it.

Q. It was the very next morning that you saw Mason at Goswell-place? - A. Yes.

Q. From the first time that any negociation had been entered into till you delivered them, what time had elapsed? - A. From the Monday morning.

ELIZABETH KITCHIN sworn. - Examined by Mr. Gurney. I keep a house, No. 11, Great St. Thomas Apostle, and did in June last; there is an accompting-house belonging to it, which the prisoner Mason occupied at that time; the other prisoner, Tyler, I took to be Mr. Mason's clerk; the accompting-house was taken by Mason about three weeks before Miosummer; I asked him what line he was going into, and he said the mercantile line; I asked him for a reference to somebody, he gave me his address, and said that was enough; he wrote his address, No. 8, Goswell-place, Goswell-street.

Q. How soon after Mason had taken the accompting-house did you see Tyler? - A. Within a very few days afterwards, I saw them together consulting about a desk; there was not a desk there at that time; but after they had consulted together a desk came: there were some books and papers used to lie upon the desk, about two or three books.

Q. There was some appearance of business? - A. Yes.

Q. Did you ever learn what Mr. Mason was? - A. I took him to be a Hamburgh merchant; there was some wine and some casks came in a coach, and some men fetched it away.

Q. Did you see this parcel of shoes come in? - A. I saw the trunk after they were in; I think it was about noon that I saw it; Mason and Tyler were both there then; but I did not see Mr. Grieve till Saturday morning.

Q. What did you see done with the trunk afterwards? - A. About five o'clock the same afternoon that the shoes came in, a porter with a knot came for the trunk, Mason and Tyler were both in the accompting-house when the porter came; the next morning about seven o'clock Mr. Grieve came and took hold of the trunk, which was empty.

Q. Did Mason, the merchant, come to his accompting-house the next day? - A. No, I never saw Mason afterwards.

Cross-examined by Mr. Alley. Q. Mason gave you a reference when he first came? - A. Only his own adress.

Q. Therefore you had an opportunity of enquiring whether he gave a true account of himself? - A. Yes.

JOHN OWLES sworn. - Examined by Mr. Gurney. I am a carpenter: In the month of June last, early one morning, I saw Mr. Grieve at Goswell-place; I saw him in the road.

Q. Did he make any enquiry of you? - A. No; I saw a man come out from the back of the houses in Goswell-place; he got over the wall by out gate into our cotton manufactory; the prisoner Mason is the man; I asked him what business he had there; he said he wanted to get out; I told him he could get out till eight o'clock; he said, if he could get out, he would give me a pot of beer, and a shilling; I told him I would see our foreman, and hear what he said; I then fastened the door, and told him he should not go till I knew how he got there; I went to look after our foreman, and when I came back he was gone; he had gone through our foreman's house; I traced the man's feet a considerable way, but could not find him; he must have come over a wall into our yard, of twelve feet high: shortly after that I saw Mr. Grieve.

JOHN GLOVER sworn. - Examined by Mr. Gurney. I am porter to Mr. Purse, broker and auctioneer, No. 11, Cloak-lane: On the 28th of June last, about half past two, Mr. Mason came to our house, and said, John, can you send a porter to fetch some goods; I told him I could not send one till after the sale was over; I was very busy: the porter went, and brought the shoes at about half past five, as near as I can recollect; in a few minutes after the shoes came, Tyler and Mason both came in; Mason enquired for Mr. Job; I told him he was gone to dinner, and he did not come back till near seven o'clock; Mason and Tyler were there then; Mason said he wanted some money lent on them; Mr. Job let him have twenty-six pounds, one shilling, and sixpence upon them.

Q. Are those the same shoes that you shewed to Mr. Grieve? - A. They are.

Q. Where are they now? - A. In the warehouse still.

Cross-examined by Mr. Alley. Q. It is a thing not at all unusual in the course of your dealing to advance gentlemen in distress a sum of money upon goods put into your hand? - A. No.

Q. How long has your shop been opened? - A. A good many years.

Mr. Gurney. Q. How long had you known Mason before? - A. A twelvemonth.

Q. Did he ever send goods there before to be sold? - A. Yes; but I cannot recollect what they were.

Q. Do you know what he traded in? - A. No.

JAMES JOB sworn. - Examined by Mr. Gurney. I am clerk to Mr. Purse.

Q. Where is Mr. Purse now? - A. I cannot tell.

Q. How lately have you seen him? - A. I saw him yesterday afternoon.

Q. Do you think he is in town now? - A. Yes.

Q. Why is he not here? - A. I cannot tell.

Q. Is he subpcenaed to attend here? - A. No, not I neither.

Q. Has a subpoena been left at the house? - A. Yes.

Q. A subpoena was left for Mr. Purse too? - A. No.

Q. In the mouth of June last did you see Mason? - A. I did; on the 28th of June he called in the morning, to say that he had sent in a parcel of shoes for Mr. Purse to sell for him; and about seven o'clock I came from dinner, and found Mr. Mason; there was nobody with him that I recollect; he said he wanted some money upon the shoes which were then in our warehouse; I called to the porter to know if they were there, and he told me they were; I advanced Mr. Mason upon them, twenty-six pounds, one shilling, and sixpence.

Q. How came that odd sum? - A. I paid him in gold; so many guineas, half-guineas, and seven-shilling pieces; they were to be sold by public sale.

Q. Did you ever look at the inside of these shoes? - A. No, I do not know particularly.

Q. Whose name is on the inside? - A. The name of Grieve, I think: I shewed them to Mr. Grieve the next day, and he said, if they were his, they had his name in them.

Q. These were the shoes upon which you advanced the money to Mason? - A. Yes; they are in my custody still.

Q. How long had you known Mason before? - A. I suppose about twelve months.

Q. What was he? - A. I cannot tell.

Q. Are you in the habit of dealing with persons whose business you cannot tell? - A. Yes.

Q. Had you frequently had dealing with him? - A. Perhaps two or three times in the course of a twelvemonth; he always gave me his place of residence.

Q. Did he always give you the same address? - A. I rather think not, but I cannot be positive; his dealings with Mr. Purse had been very incosiderable.

Mr. Knapp addressed the Jury in behalf of Tyler, and Mr. Alley in behalf of Mason. Both GUILTY .

Confined two years in Newgate , and publicly whipped .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17991030-89

592. WILLIAM BARRETT , ROBERT MARK , WILLIAM FOSTER , WILLIAM SEARLE , and THOMAS VENTIN were indicted, for that they, on the 14th of May , within four leagues of the coast of this kingdom, that is, within three leagues of the county of Cornwall, by firing a certain gun or swivel, and directing certain other fire-arms, did obstruct Hugh Pearce and Philip Pill , being officers in the service of the Customs ; Hugh Pearce being on board of a certain boat, and Philip Pill being on board of another boat, each in the execution of his duty, in endeavouring to get on board a certain cutter called the Lottery, in order to seize, for our Lord the King, 500 gallons of geneva, and 500 gallons of brandy, by which means the said officers were prevented from seizing the same .

They stood charged, in a second count, with the like offence, varying the manner of charging it.

(The case was opened by Mr. Garrow.)

GABRIEL BRAY sworn. - Examined by Mr. Fielding.

Q. You were captain of the revenue cutter the Hind? - A. I was.

Q. Be so good as tell my Lord and the Jury, what was your situation at sea on the 15th or 14th of May. when you had a view of the Lottery cutter? - A. I will; the wind was westerly; I was cruizing on the 13th of last May, between Dartmouth and the Start Point, for the purpose of intercepting smuggling vessels; when I was informed, by the man at the mast-head, that a sail was seen.

Q. About what time was it? - A. About three in the afternoon; we could not then perceive exactly what she was; about half past three we made her to be a cutter; at four she came in so fast that we discovered her to be the Lottery; she came in directly for the shore; the wind then veering to the northward of west, I stood in under the land, the smuggler still continuing to steer in north, till at six he was within about two leagues and a half of the land called the Bolt, when finding the wind come to the northward, he tacked; the Hind immediately tacked after him, made fail, and chased him all the night, without ever losing fight of him; on the 14th, at five in the morning, we were becalmed, at about the distance of five miles from the smuggling cutter; when I ordered both the Hind's boats to be manned and armed, with an officer in each, to proceed towards that cutter, and take possession of her.

Q. Be so good as inform my Lord and the Jury your relative situation with the Lottery, at five in the morning? - A. I, at the same time, fired a gun, and hoisted an ensign at the mast-head, in the most conspicuous place; the smuggling cutter then lying becalmed about two leagues and a half south south-east from the Lizard, making use of his sweeps or oars; the boats proceeded according to my order, and I continued rowing in the cutter to give them assistance; when they had proceeded about two-thirds of the five mile, I saw a gun fired from the stern of the smuggling cutter, and with my spying-glass I observed my two boats shew the revenue colours.

Court. Q. Was that before or after the gun was fired? - A. Just after the gun was fired; still continuing to row towards the smuggling cutter.

Mr. Fielding. Q. Did you observe the shot fall in the water? - A. No. They then came very close to the smuggling cutter, and laid upon their oars, where they remained some little time; a breeze of with springing up, the smuggler made more fail; the boxes returned and I hoisted them in, and made fail, pursued the cutter, and gained on him; on which he threw overboard a quantity of spirts in ankers, which enabled him to fail faster, still the find gained on him, and in the afternoon, about two, as well as I remember, just a mile and a half off the Longships.

Q. Where about is the point of the Longships? - A. Near the Land's-end; I brought my chose-guess to carry over him, on which he lowered the part of the crew took to their boat, which boat ordered to be chased by my own two boat, end she was taken and brought alongside the Hind; we then took possession of

the Lottery smuggling cutter; we found her laden with spirits, in small casks, for the purpose of smuggling.

Q. Be so good as tell me whether either of the prisoners were in the boat that was brought alongside you, or on board the vessel? - A. Barrett was on board the vessel, and Marks.

Q. Can you recognise the persons of any other person who came alongside in the boat? - A. Yes; the shortest of those at the bar, Searle.

Q. This vessel has since been condemned? -

Mr. Marryatt. I shall certainly object to the question; that is not the way of proving a condemnation.(Mr. Fielding was about to reply.)

Mr. Garrow. Never mind.

Cross-examined by Mr. Marryatt. Q. What course did the cutter steer during the night, while you were chasing her? - A. Sometimes to the southward of west, and sometimes to the northward, the wind veering occasionally.

Q. How far might she run in the course of that time? - A. She ran from the Bolt-tail nearly to the Lizard.

Q. What distance was she from the Lizard at the time that your boats first went in chase of her? - A. About two leagues and a half.

Q. Do you speak with accuracy to that? - A. Yes.

Q. What was the distance of the one cutter from the other? - A. When becalmed, at five in the morning, the cutters were about five miles distant from each other.

Q. How long was it after five in the morning before your boats got nearly up to the cutter, how many hours? - A. I suppose it could not be more than an hour.

Q. Had the Lottery been pulling away with their sweeps all that time? - A. I did not perceive her with her sweeps for some time; I was busy; I saw her with her sweeps while the boats were chasing her.

Q. When the swivel was fired, did you hear the report, or only see the smoke? - A. I heard the report.

Q. At what distance were the boats from the cutter at that time? - A. About one-third of the way from the cutter to us; nearly two miles.

Q. The object of that question is, what I dare say you will answer me fairly; whether, if there had been any shot in that gun, it could have reached the boat? - A. Certainly not.

Q. Did you see any shot strike the water? - A. No, I did not.

Q. When you overtook the Lottery cutter, and the boar had put off, what means did you use besides chasing, to bring back the Lottery's boat; did you fire at the boat? - A. I do not recollect that I did.

Q. Did your boats fire? - A. I believe they might, I cannot be positive; they were armed, and might fire; I was too busy in shifting sails and other things, to observe.

Q. Your mate's name was Pearce? - A. Yes.

Q. Was there any person of that name on board the Lottery? - A. Yes.

Q. Was he a seaman? - A. No, only a passenger; he was allowed by all on board to be only a passenger.

Q. Was he any relation to Hugh Pearce ? - A. None.

HUGH PEARCE sworn. - Examined by Mr. Knowlys. I believe you were the mate of the Hind revenue cutter? - A. I was acting mate.

Q. Are you a custom-house officer? - A. I am

Q. About what time was it that you got sight of the Lottery smuggling cutter? - A. On Monday, May the 13th, about a quarter, or half past five in the afternoon.

Q. Were you one of the persons ordered into the boat of the revenue cutter? - A. Yes, I was; that was on Tuesday morning, the 14th of May.

Q. Did you know the Lottery cutter before? - A. I did.

Q. How long was it before you came near her? - A. I suppose about an hour and a quarter after I left the cutter.

Q. When you came near her, what distance was this smuggling cutter from the shore? - A. About three leagues.

Q. What did you do when you came near to her? - A. The first thing that we did, in the boat, was to hoist-the revenue colours; but previous to that a gun was fired from the Lottery, and hoisted English colours to the beam-end.

Q. What passed after you had hoisted your colours? - A. I was hailed from the Lottery by a speaking-trumper.

Q. Were your colours hoisted in such a manner that the people on board the Lottery could perceive them? - A. Quite so.

Q. Can you take upon yourself to say that they must have seen your colours hoisted? - A. It is impossible they should not.

Q. What was said to you by the man with the speaking-trumper? - A. To keep off them boats immediately.

Q. Were you able to perceive who that man was, and whether he is any of the persons now at the bar? - A. I believe neither of them is the man.

Q. What did the man with the speaking-trumpet say to you? - A. I thought myself that I was not so near the cutter that I could make myself heard, because I had no speaking-trumpet in the boat with me. I then pulled much nexter to the cutter, within less than a cable's length of her; I was again hailed by the same man on board, and told, that if I did not immediately keep off them boats, they would immediately fire at us, and sink us.

Court. Q. Inform us, perhaps the gentlemen of the Jury may not know, any more than myself, what a cable's length is? - A. A hundred and twenty fathoms.

Mr. Gurney. Q. That is two hundred and forty yards, is it not? - A. Yes. I then stood up in the boat which I was in, told them that it was the Hind revenue cutter's boats, that my name was Pearce, and that I had orders from Captain Bray to go on board of their vessel, and such orders I must obey; at the same time I told them that I knew the cutter, that her name was the Lottery, and told them that I knew them, meaning the people on board of her; the answer was, that they did not care a d-n who the boats belonged to, or who we were, or what I was; and that I was very much mistaken, it was not the Lottery; and if in case I did not immediately retire, they would fire on us, and kill us all: the vessel had a piece of canvas over the stern, which piece of canvas covered the name, in order to hide it. I lastly asked them positively; whether they would permit me to come along-side, or not; if they would, I would use them well; the answer was, that if in case I attempted to come along side, not one single man of us should live to return again.

Q. At the time they made this threat to you, how was the cutter and the crew disposed? - A. I saw one gun run out at the larboard-quarter port.

Q. Was that the side you were on? - A. Yes; there were two swivel-guns mounted on the mizen-beam; and one man I perceived distinctly, standing on the mizenbeam, with a musket; the people, who had been rowing the vessel before we got near her, had laid on their oars apparently to me on the quarter where these guns were, and the guns appeared to me to be pointed immediately towards the boat I was in.

Q. Could you have persevered to board her, without the hazard of being destroyed? - A. No; nothing but that could have induced me to return to the Hind cutter.

Q. In consequence of this, did you give up your attempt to board her? - A. I did, in consequence of seeing them so determined, and my people alarmed. I then returned to my own cutter to endeavour to row our own cutter alongside of the smuggler, there being little or no wind.

Q. What became of the Lottery, at last; did she escape? - A. No, we took her off the Longships.

Q. Did she turn out to be the Lottery, or not? - A. She did.

Q. What became of the crew of the Lottery? - A. They hoisted out their boat, and twelve of the crew pushed off; that was about half past one on Tuesday.

Q. How long before you had taken possession of the Lottery was that? - A. About half an hour before we had possession of her.

Q. Did you pursue the Lottery's boat with your boat? - A. I did.

Q. Did you take her before she could get to shore? - A. I did, about the half distance between the Lottery cutter and the shore.

Q. Did you find any of the men that are now here, in her? - A. Yes; Thomas Ventin , William Searle , and William Foster .

Q. Did you yourself see what the smuggling cutter was loaded with? - A. I did, certainly.

Q. What was it? - A. Brandy, gin, tea, and tobacco; I do not know that there was any rum.

Q. What sort of casks were they? - A. Ankers, and what we call six-gallon casks; they hold about five gallons.

Q. How many were there, as near as you can guess? - A. Seven hundred and sixteen; chiefly ankers.

Cross-examined by Mr. Best. Q. Your name is Pearce? - A. Yes.

Q. There was a person on board the Lottery of that name? - A. Yes.

Q. Was that persons any relation of your's? - A. None.

Q. Is there any other person on board the Hind cutter of that name? - A. Yes.

Q. Is he any relation of his? - A. He was his son.

Q. What situation on board the Hind does young Pearce hold? - A. Only mariner.

Q. You have told us there were twelve persons in the boat, how many were there on board the cutter? - A. Five.

Q. There were fifteen indicted? - A. There were sixteen.

Q. Then they were all but Pearce indicted? - A. Yes.

Q. What time in the morning was it, when you went from the Hind in the boat? - A. About five o'clock.

Q. What sort of a morning was it? - A. A very clear morning.

Q. What course was the Lottery steering? - A. West north west, by the compass.

Q. You have told us, you hoisted your colours? - A. Yes.

Q. It was, perhaps, calm at that time? - A. Nearly.

Q. Then of course the colours could not spread, so as to be seen, but would hang down in folds? - A. In order to prevent that, our colours were fastened to a flag-staff, in the first place, and that staff lashed to a boat-hook staff, about fourteen feet in length, and lashed in this direction athwart (describing it); so that the marks should be clearly distinguished in the boats bows.

Court. Q. You displayed your flag so as to be distinctly seen? - A. Yes, as much as if it had blown a gale of wind.

Mr. Best. Q. Do you know what was the situation of Ventin on board? - A. No.

Q. Do not you know that he was cook? - A. No.

Mr. Knowlys. Q. Have you the least doubt in the world, that the persons on board the smuggling cutter must have seen the colours? - A. It is impossible that they should not, unless they had shut their eyes to avoid seeing them, or knowing me.

Q. You are an officer of the Customs? - A. Yes.

Q. Have you any appointment from the Customs? - A. Yes.

Q. What appointment? - A. A deputation.

PHILIP PILL sworn. - Examined by Mr. Abbott. Q. You were a mariner on board the Hind? - A. Yes.

Q. Are you an officer of the Customs? - A. Yes.

Q. A deputed officer? - A. Yes.

Q. Do you recollect the chase given, on the 13th of May, to the Lottery cutter? - A. Yes.

Q. Did you, on the morning of the 14th, go out in one of the Hind's boats? - A. I did.

Q. Who went in the other boat? - A. Mr. Pearce.

Q. Did you row on towards the cutter? - A. Yes.

Q. Which of you approached nearest the cutter, your boat, or Pearce's boat? - A. Pearce's boat.

Q. At the time you were nearest the smuggler, about what distance was she from the shore? - A. I cannot say.

Q. About what distance were you from the shore? - A. I cannot say; I did not see the compass.

Mr. Garrow. Q. Was she within one hundred leagues of shore? - A. Yes.

Mr. Abbott. Q. Can you tell within a mile? - A. I suppose, in my own opinion, she might be within three or four leagues of the Lizard; the easternmost part of the Lizard.

Q. Was the Lizard the nearest land to her? - A. Yes.

Q. Did you come near enough to the Lottery to hear what was said from the Lottery? - A. Yes; I heard some of the dispute.

Q. What did you hear? - A. I heard the people on board the Lottery desire us to keep the boats off.

Q. Did they say they would do any thing in case you should not keep off? - A. Not at that time.

Q. What did they at any time say they would do, if

you did not keep off? - A. They told us if we did come along-side, we should not go back again.

Q. Was that the expression used? - A. That is as high the expression as I can recollect it.

Q. Had you hoisted any colours in the boat you were in? - A. Yes.

Q. What colours did you hoist? - A. Custom-house colours.

Q. In what manner did you hoist them; in such a way as they could distinguish it on board the Lottery? - A. Yes; I stood up, and held it athwart the boat.

Q. Could they see what the flag was? - A. If I had been there I could have seen what it was.

Cross-examined by Mr. Gurney. Q. You know that at sea, in order to ascertain the distance accurately, two points of land must be taken? - A. Yes.

Q. You saw no land then but the Lizard? - A. Yes; I could see land, I could see Falmouth land.

Q. But you did not take the bearings of Falmouth land and the Lizard? - A. No; I did not take the bearings at all.

Q. Therefore you cannot speak by any means, with the accuracy that you could speak, if you had taken the bearings? - A. No.

Q. You do not mean to swear, upon your oath, that when a vessel is about four leagues from the shore, you can tell to half a league without taking the bearings? - A. Oh, Yes.

Q. Then what did you mean by the first part of your evidence, that she might be within three or four leagues? - A. Between three and four leagues.

Q. That is your opinion without taking the bearings? - A. Yes.

Q. When the Lottery was taken you went on board? - A. Yes.

Q. Did you find any guns on board her? - A. I did not.

Q. Not a single gun? - A. No.

Q. Not any shot? - A. Yes; there were a few shot, and there were wooden guns.

Q. Would those shot be of any use with wooden guns? - A. No.

Mr. Garrow. Q. Was it a wooden gun that was fired at you, when you were chasing? - A. I did not hear the report of any gun; I saw the smoke.

Mr. Abbott. Q. After you had returned to the Hind, and the Hind was in pursuit of the Lottery, did you see any thing thrown overboard? - A. I did not see any thing thrown overboard, but I saw the kegs upon the water floating.

Mr. Gurney. Q. You say you saw the explosion? - A. Yes.

Q. Did you see any shot fall in the water? - A. No.

Q. Must you not have seen it if any shot had struck the water? - A. I do not know that; it could not have reached us.

Q. You were looking towards the cutter? - A. Yes.

Q. And you did not see any shot strike the water? - A. No.

Mr. Garrow. (To Mr. Bray). Q. Are you able to say, upon your oath, while you were in chase of the Lottery, that a gun, of some description, was fired from the Lottery? - A. Yes.

Q. You are positively sure of that? - A. Yes; there was a gun fired from the stern.

Q. Are you able to state to the Corrt and Jury, whether that gun was fired from small arms, or any thing of the size of a swivel? - A. It was not a musket or a blunderbuss.

Q. And of this you are positively certain? - A. I am positively certain.

Mr. Garrow. (To Pearce) Q. Are you certain, that while you were in chase of the Lottery, some gun of some description, was fired from the Lottery? - A. Most undoubtedly.

Q. Were you able to distinguish whether it was of the description of small arms, or of a larger size? - A. My opinion, upon my oath, is, that it was a swivel gun.

Q. Not any thing smaller than of that denomination? - A. Not any thing smaller than a swivel could have made that report.

Q. Are you sure you saw a man with a musket pointed? - A. Yes.

Mr. Marryatt. Q. Can you at all identify who that man was? - A. No.

JOHN KING sworn. - Examined by Mr. Garrow.(Produces an office copy of the condemnation of the Lottery.)

Q. Did you examine this? - A. Yes; (reads it.)

Barrett GUILTY .

Mark GUILTY .

Foster GUILTY.

Searle GUILTY.

Ventin GUILTY.

Confined to hard labour upon the River Thames, for two years .

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

Reference Number: s17991030-1

The SESSIONS being ended, the COURT proceeded to GIVE JUDGMENT as follows:

Received sentence of Death - 8.

John Coleman ,

Samuel Paris ,

Henry Yeates

Elizabeth Wilson ,

John Spital ,

George Cooke ,

Daniel Munday ,

John, otherwise Joseph Brown .

Transported for fourteen years - 2.

Isaac Martin , Ann Bedford .

Transported for seven years - 22.

William Starkey , otherwise Joseph Simmons,

Elizabeth Smith ,

Jacob Abraham ,

William Simpson ,

Isaac Miles ,

Christie Starling , otherwise Lowe,

William Hester ,

William Kempstone ,

William Cathery ,

Thomas Dean ,

Jacob Stone ,

Thomas Roberts ,

Mary Wilson ,

Joseph Jones ,

James Morgan ,

William Robinson ,

Solomon Lovell ,

William Burgin ,

William Holyoak ,

Arthur Mahony ,

Henry Rolph ,

Joseph Sparkes .

Confined two years in Newgate, and publicly Whipped - 2.

John Mason , Thomas Tyler .

Confined two years to hard labour on the River Thames - 5.

Robert Mark ,

William Barrett ,

William Foster ,

William Searle ,

Thomas Ventin .

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

Confined twelve months in Newgate, and fined 1s. - 1. - William Crouch .

Confined one year in Newgate, and fined 1s. - 2.

Jeremiah Connell , Mary Waghorne .

Confined twelve months in the House of Correction, and whipped in the jail - 1. - Samuel Stanley .

Confined twelve months in the House of Correction, and fined - 1s. - 2 .

Catherine Carroll , John Clarke .

Confined six months in Newgate, and find sureties for six months longer - 1. - Mary Gardner .

Confined six months in Newgate, and fined 1s. - 1. - John Vent .

Confined six months in the House of Correction, and fined 1s. - 7 .

Catherine Smith ,

Alice Webb ,

James Charlton ,

William Porter ,

Elizabeth Wheeler ,

Rebecca Clift .

Elizabeth Midwinter .

Confined six months in the House of Correction, and publickly whipped - 2 .

Robert Bishop , William Gilbert .

Confined six months in the House of Correction, and whipped in the jail - 1. - Robert Maynard .

Confined one months in Newgate, and fined 1s. - 2 .

John Spalding William Chipperfield .

Confined one month in Newgate, and whipped in the jail - 5 .

Margaret Ewer ,

Henry Norman ,

Thomas Brown ,

Robert Smith ,

Abraham Robus .

Confined one month in Newgate, and publicly whipped - 1. - Thomas Ward .

Publicly Whipped, and discharged - 1. - James Kitchiner .

Publicly whipped as near Galley Quay as possible - 1. - George Haynes .

Whipped in the jail, and discharged - 1. - Elizabeth Phillips .


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