Old Bailey Proceedings, 15th January 1800.
Reference Number: 18000115
Reference Number: f18000115-1

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 15th of JANUARY, 1800, and following Days, BEING THE SECOND SESSION IN THE MAYORALTY OF The Right Honourable HARVEY CHRISTIAN COMBE , ESQ. 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, St. Peter's-Hill, Little Knight-Rider-Street, Doctors' Commons.

1800.

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

BEFORE HARVEY CHRISTIAN COMBE , Esq. LORD MAYOR of the CITY of LONDON; the Right Honourable Sir ARCHIBALD MACDONALD , Knight, Chief Baron of His Majesty's Court of Exchequer; JOHN HEATH , Esq. one of the Justices of His Majesty's Court of Common Pleas; Sir SOULDEN LAURENCE, Knight, one of the Justices of his Majesty's Court of King's Bench; Sir JOHN WILLIAM ROSE, Knight, Serjeant at Law, Recorder of the said City; JOHN SILVESTER , Esq. Common-Serjeant at Law of the said City; and others, His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Gaol Delivery of NEWGATE, holden for the said City and County of MIDDLESEX.

London Jury.

Robert Stratton ,

Christopher Daniel Hayes ,

William Fidgett ,

Philip Henry Woodfield ,

William Ball ,

Robert Huddy ,

Roger Biggs ,

Day Gunby ,

William Nixon ,

Edward Lewis ,

John Rutter ,

John Vaughan .

First Middlesex Jury.

Hugh Russell ,

James Scarlett ,

Thomas Griffiths ,

Solomon Erwood ,

Joseph Watkins ,

Edward Powell ,

Cornelius Pass ,

William Phillips ,

James Good ,

John Torbett ,

William Bailey ,

William Napier .

Second Middlesex Jury.

Joseph Simpson ,

Robert Wright ,

Thomas Soley ,

Edward Helling ,

James Mansfield ,

Oliver Turner ,

Thomas Davis ,

George Hall ,

John Harris ,

Joshua Jowett ,

John Woodham ,

John Bocking .

Reference Number: t18000115-1

71. GEORGE GOWENS was indicted for that he, on the 15th of November , in and upon Ann, the wife of Jonathan Griffiths , did make an assault, in the King's highway, putting her in fear, and taking from her person a Banknote, value 1l. the property of the said Jonathan .

ANN GRIFFITHS sworn. - On the 15th of November I was sitting at Mrs. Macdaniel's door, in the evening, in St. George's-fields , to the best of my recollection it was between three and four o'clock in the afternoon; the prisoner at the bar came up to me, and d-d me for a b-h of a wh-e, how dared I insult his daughter; the answer I made was, I have not spoke to your daughter; he said, you lie, you b-h, and with that he knocked me down; when I was getting up, I had a twenty-shilling note in my hand, I was going out to get change, and he tore it out of my hand, and put it in his pocket.

Q. Where was it that he struck you? - A. On this cheek, I believe. (Pointing to the right check.)

Q. Did it stun you? - A.It knocked me down to the ground, but I was sensible; he knocked me down several times after that, and the neighbours cried out shame on him to use a woman so; and he said I was a b-h and a wh-e, and he would serve any b-h of a wh-e, that came to take my part, the same; he went away, and then I went to the Magistrate's; the officer, Mr. Brown, came to me, and said, I have got a warrant against you; I asked him what it was for; and he said, George Gowens had taken out a warrant against me; I went up at six o'clock, but it was not heard till the next morning; when the Magistrate came to hear it he discharged me.

Q. What did he charge you with? - A. Beating of him.

Q. When did you see the prisoner afterwards? - A. Not till the night that he was apprehended.

Cross-examined by Mr. Gurney. Q. You have known this man some years? - A.Ever since I have been married, last September, by fight.

Q. He and your husband are pretty intimate, are they not? - A. I believe they are.

Q. You believe they are to this very moment? - A. I cannot say I am sure.

Q. Is your husband here? - A. Yes.

Q. Have you brought him here as a witness for you? - A. I do not know.

Q. Upon your oath, do not you know that he is a witness for the prisoner? - A. No; he told me he was subpoenaed.

Q. Have you subpoenaed him? - A. No.

Q. Then do not you know he is come here as a witness for the prisoner? - A. My husband can say nothing about it.

Q. Had you the misfortune to be taken up for an assault in May last? - A. No.

Q. Were you not taken up twice last year? - A. Yes.

Q. Who bailed you on both of these occasions, did not the prisoner? - A. No, only once.

Q. He struck you, did he not; both your eyes are very black I see now? - A. They are, but not with that.

Q. He charged you with beating him upon this day? - A. Yes.

Q. And when you were discharged before the Magistrate you made a charge against him? - A. Yes.

Q. I give you warning, there are witnesses here from the office - upon your oath, did you say one single syllable about the robbery? - A. Yes; I told the Magistrate that he had beat me, and robbed me of a twenty-shilling note.

Q. And yet he discharged him? - A. Yes.

Q. And then you went before another Magistrate, did not you? - A. No.

Q. And without going before any Magistrate you went to the Sessions, and preferred this indictment? - A. I am not obliged to answer that.

Q. You preferred your indictment, and you got a warrant, and had him taken up? - A. No; he was taken up upon the certificate of the indictment.

Q. How long after the indictment was found did you take him up? - A. I believe, a day or two.

Q. At the time this transaction took place, I suppose you were perfectly sober? - A. I believe I was.

Q. Then, I suppose, you were sober when you went to the office at six o'clock at night? - A. I was not drunk.

Q. Upon your oath, were not you so drunk that the Justice could not examine you till the next morning; No, I was not.

Q.Had you and the prisoner ever any quarrel before this transaction? - A. Yes, once; but it was three weeks before.

Q. After that quarrel, had you never said you would be revenged of him? - A. No.

Q. You never said so to your own husband? - A. No.

Court. Q.What did you and the prisoner quar

rel about? - A. We had some words on the Deptford-road.

Q.What was the cause of the quarrel? - A. I cannot say.

Q. Did it come to blows? - A.No.

ISABELLA MACDANIEL sworn. - I was standing at my own door, and Mrs. Griffiths came to enquire if I had heard from my husband, and this man came up and knocked her down; he has been a neighbour to me a great while; he used a little rough language to her, and knocked her down.

Q. Do you recollect what it was that he said? - A. It was language that I am a stranger to; be said she had been beating his child; I cannot say what was before; he knocked her down three times; and after he was gone, she said he had taken a note from her; I asked her what note, and she said a twenty-shilling note; I saw a piece of paper in her hand, but I did not know what it was; he knocked her down three times, and kicked her once.

Cross-examined by Mr. Gurney. Q. Was Mrs. Griffiths sober? - A. Yes, at that time; but not afterwards.

Q. Were you with her before the Justice? - A. Yes.

Q. She was so drunk there that she could not be examined? - A. The gentleman said there were so many he could not get through them that night.

Q. Before he knocked her down, he said she had been beating his child? - A. Yes.

Q. He has five? - A. Yes.

Q. Upon your oath, did she not throw half a brickbat at his head? - A. Yes.

Q. Did you not see his head bleed? - A. No.

Q. Do not you know she cut his head open? - A. No.

Q. Did you see him afterwards at the office? - A. Yes.

Q. Did you not see then that his head was cut open? - A. No.

Q. When she got to the Justice's, she charged the prisoner with the robbery? - A. I was not called in till she had spoke.

MARY BROMLEY sworn. - I was subpoenaed here, I believe by Mrs. Griffiths; but I know nothing about it.

Cross-examined by Mr. Gurney. Q. Did you see her knocked down? - A. Yes.

Q. Did you see her throw a brickbat at his head? - A. Yes.

Q. Before or after she was knocked down? - A. After she was knocked down.

Court. Q. Did you see him lay hold of her hand? - A. No; there had some words past.

For the Prisoner.

ROBERT BROWN sworn. - Examined by Mr. Gurney. I am an officer of Shadwell office.

Q. Look at that warrant; had you that warrant to execute on the 15th of November last? - A. On the 15th of November the prisoner came to me for a warrant against Ann Griffiths; the back part of his head was cut very much; Mr. Staples granted a warrant; in consequence of that Ann Griffiths came to a public-house about an hour after, for a warrant against him for beating her; that was about three o'clock; I told her Gowens had got a warrant against her, and she must attend at six o'clock in the evening; I went to her house and she was very much in liquor, so that she could not attend at the office; the next day I went down to Gowens about seven o'clock in the evening, to know why he did not bring the woman down, and she was gone; I overtook her in Ratcliff-highway, and she was then so intoxicated that she was obliged to be led by another woman; she came into the office and had a hearing before Mr. Staples; she said then she had lost a twenty-shilling note; she was very much in liquor then; Mr. Staples asked Gowens whether he meant to hold her to bail for cutting his head; and he said he did not wish to hurt her, as her husband was away from home; and Mr. Staples said, shall I discharge her then, and he said, yes; I heard no more of it till the 9th of December, the day that the indictment was brought to me; I went to see for Gowens that evening, but did not find him; on the 10th, I apprehended Gowens, in company with some other officers, and brought him to the office; he was committed.

Court. Q. Do you know what he is? - A. He lodges seafaring men; I have known him about a twelvemonth; she is a woman that has frequently been at the office for assaults.

Court. I suppose, Gentlemen, you are satisfied by this time.

Mr. Gurney. I have two witnesses who saw the transaction.

NOT GUILTY .

Tried by the first Middlesex jury, before The Lord CHIEF BARON.

Reference Number: t18000115-2

72. JOHN MOORE was indicted for breaking and entering the dwelling-house of Thomas Hopwood , about the hour of two in the night, of the 28th of September , with intent the goods there in being to steal, and burglariously stealing a large copper, value 20s. a cotton bed-gown, value 12d. a nankeen jacket, value 2s. 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 .

THOMAS HOPWOOD sworn. - I am a publican , I keep the White Horse in Spital-fields : My house was broke open between two and three in the

morning of the 28th of September; I went to bed the last in the house; I examined the windows and doors, and made them secure; I heard the dog bark, he was loose in the tap-room.

Q. What time was that? - A. I cannot say; I am clear it was before four o'clock; when I got up in the morning, I found the back-window broke; the bolts were wrenched out, and the staple broke; in the morning I missed the property; part of them are here. (Produces them.)

SARAH HOPWOOD sworn. - I am the wife of Thomas Hopwood : I lost these things; they were wet; I left them hanging on a cloaths-horse to dry. I had them again from the officer.

SAMUEL HARPER sworn. - I am one of the officers belonging to the Police-office in Worship-street: The prosecutor had the property from Mason and me, after the conviction of a man that was tried before; I found them in the lodgings of the man that was convicted; his name was Jacob Stone ; the woman that lived with him is in Court now.

MARY TAPP sworn. - I lived with Jacob Stone; these things were brought there by the prisoner and Stone on Michaelmas-day; they were there till the officer took them away.

Prisoner. I never saw the woman in my life.

Tapp. I had seen him several times before, at the public-house where he used.

Q. Have you any doubt about his being the man? - A. No.

Mrs. Hopwood. This is my youngest child's frock, I made it myself; I can swear to my work; and this bed-gown was a gown of mine before I made it for the child. The prisoner and the man that was cast had been in my house three hours that day, drinking beer and taking a survey of the house; and the prisoner went out into the washhouse before he went away.

Q.(To Hopwood.) What time did you get up in the morning? - A. About six o'clock.

Q. It was light then? - A. Yes.

GUILTY Death . (Aged 34.)

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

Reference Number: t18000115-3

73. HENRY WOODMAN was indicted for feloniously stealing, on the 4th of December , a bay mare, value 20l. the property of Robert Sewell .

ROBERT SEWELL sworn. - On Monday, the 2d of December last, I sent my mare, by a servant, to Thomas Woodman , a farmer, to be taken into his straw-yard, at Hayes ; on Thursday, the 5th, I learned that the mare had been sent to Aldridge's Repository; in consequence of which I found her there; she was a bay mare, about fifteen hands high; she had had a disorder, which occasioned the hair to be off in different parts of her body; she was about ten or eleven years old; I saw the mare, and knew her to be mine.

JOHN PEPPER sworn. - I am servant to Mr. Sewell: On the 2d of December, I took a mare of my master's to Thomas Woodman 's, at Hayes; I delivered her to Mr. Woodman myself, and he gave me a receipt of her delivery; on the Friday afterwards I saw her at Mr. Aldridge's; she had some marks, being rubbed on the near side of the shoulder, and the off side of the tail; she had a piece of a tooth knocked out on the near side of her mouth, and in the fore foot behind there was a flaw.

Q. Was this a mare for the saddle? - A. Yes.

Cross-examined by Mr. Knapp. Q. You do not know how the mare got out of the straw-yard? - A. No.

- PYLE sworn. - I live at Mr. Aldridge's: On Wednesday morning, the 4th of December, the prisoner brought a mare for sale; it was a bay mare, about fifteen hands high, she had a number of marks about her; I saw the advertisement in the paper, and I sent for the mare back from the person that had purchased her, and it corresponded in every particular; there was a crack in the off foot behind, and many places where the hair had been rubbed off her hind quarter, and likewise her tail, and underneath her mane; Pepper came, and identified the mare; I opened the stable-door, and let him pick the mare out; there were others in the stable at the same time; afterwards Mr. Sewell came, and he identified her; she was the same mare that the prisoner brought to me.

WILLIAM BACON sworn. - I apprehended the prisoner at Mr. Aldridge's, when he came to receive the money for the mare.

Pepper. The mare that I saw at Aldridge's was the mare that I took to Mr. Woodman's.

The prisoner left his defence to his counsel.

GUILTY Death . (Aged 25.)

He was recommended to his Majesty's mercy by the Prosecutor and Jury.

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

Reference Number: t18000115-4

74. JOHN EALEY was indicted for breaking and entering the dwelling-house of Thomas Robson about the hour of six in the night of the 1st of November , with intent the goods therein being burglariously to steal, and stealing a coat, value 1s. the property of John Beattie .

WILLIAM-THOMAS LESLIE sworn. - I am a tailor, in Chapel-street, Grosvenor-square: A little after six o'clock in the evening of the 1st of November, I was drinking tea at my house, with a missionary who was lately come from abroad, of

the name of Beattie; I came out and found the street-door open; I shut it; it had a latch upon it; and in turning round, I saw a man on the stairs, about half way up; I took him into custody; I took him to the Magistrate's that evening; when I went into the bed-room, adjoining the room where we were, I found this shirt, (producing it) among other things, removed from its place; he had no implements of any kind about him, and he behaved no way improperly.

MARY ROBSON sworn. - I am the wife of Thomas Robson; it is my husband's dwelling-house: On the 1st of November I had shut the latch of the door about twenty minutes before the prisoner was detected; we were in the parlour drinking tea; there were children in the room, and we heard no other noise.

Q. Was there any property lost? - A.None at all.

Q.(To Leslie.) What passed between you and the prisoner? - A. He said he had not taken any thing.

Prisoner's defence. I was told that one Mr. Brown lived there, a captain of a West-Indiaman, who owed me some money; I knocked at the door, but nobody answered; I lifted up the latch, and went in.

Lessie. The prisoner did say that he was informed Captain Brown lived there.

NOT GUILTY .

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t18000115-5

75. JOHN BROWN was indicted for breaking and entering the dwelling-house of William Brown , about the hour of seven in the fornoon, of the 4th of January , the said William being therein, and stealing a mahogany tea-chest, value 3s. a tin canister, value 3d. two seven-shilling pieces, fourteen shillings, two twopenny pieces, one hundred and fifty penny pieces, and one hundred halfpence, the property of the said William .

WILLIAM BROWN sworn. - On the 4th of January, I lost a tea-chest, about twenty shillingsworth of penny-pieces, about ten shillingsworth of halfpence, about fourteen shillings in silver, two seven-shilling pieces, and two twopenny pieces; I had seen them over night; the money was in the tea-chest, upon the table in the room where I slept; my wife went out about six o'clock in the morning, and about seven, just at day-light, the prisoner came under pretence of going to work, I was in bed; he came to the bed-side, and said, master, have you got a job, that I can go to work this morning; I told him that I had another man at work for me, that owed me some money, and that I had no job for him; I told him I was very ill with a cold; he went towards the door, and then came back again, and said, well, master, I wish you better, and I will come down again on Sunday; he went out, and shut the door after him; I had some suspicion that I had lost something from the table; I got up in a few minutes after, I opened the door, and looked about, I saw the tea-chest was gone from the table, there was nobody in the house but myself; I went directly and found my wife, and then I went to Brown, the runner, at Shadwell; I found Brown, and we went and soon found the prisoner, at the Hat and Plough, Whitechapel, in the cellar; and I gave Brown charge of him; we went to his lodgings, and found the head of a sugar-canister in the necessary, upon the soil; the officer searched him, and found upon him two seven-shilling pieces, two shillings in silver, four pennyworth of halfpence, and one twopenny piece; there were two halfpence that I could swear to; the officer has got them.

Q. What business are you? - A. A milkman .

Q. How was the door? - A. When he came to me, about seven in the morning, I heard him lift up the latch of the door, and come in, and he turned the key of the bed-room door to come in; it is a spring-lock, and my wife had left the key in the door; the prisoner has worked for me a day now and then, he had been at work for me a day or two before; I used always to take the money out of the tea-chest to pay him.

SARAH BROWN sworn. - I am the wife of William Brown : On the 4th of January, I got up at six o'clock to fetch milk, I live at No. 14, Mill-yard ; when I came out of the bed-room, I turned the key in the door, and left it in the door; I went out at the street door, and shut it after me.

Q. Are you sure of that? - A. Yes; I left the tea-chest, with the money in it, upon the table; that is all I know of it.

ROBERT BROWN sworn. - I am an officer belonging to the public-office, Shadwell: Brown came to me, and I went with him to Whitechapel, to the prisoner's lodgings; the prisoner was not at home, we learned that he was at work in the cellar at the Plough and Hat; we went there, and the prisoner was at work; we brought him to the light, and I searched his pocket, and found one two-penny piece, one penny-piece, and four pennyworth of halfpence; I asked the prisoner for his coat; he said, there it is; it was upon one of the butts in the cellar; I took the coat, and in his coat, between the first and second button-hole, I found a seven-shilling piece and one shilling, sewed in; I made further search, and at the bottom of his coat I found another seven-shilling piece and one shilling, sewed in, that was about ten o'clock; I then tied his hands, and went to his lodgings with him; we found nothing in his room, but the

woman of the house said he had been into the cellar, to the privy, a little after seven o'clock; I and Brown went into the cellar, he looked down the vault with a candle, and said, here is the top of my sugar canister; he took it out, and in the cellar we found the facings of the tea-chest, it was so much destroyed we did not think proper to take it away, and we left it; I told Mr. Brown to look at the money; and he said, these two halfpence he could swear to. (Producing them).

Prosecutor. This lid of the canister has a D upon it, which was marked with a pen-knife before I missed it; these halfpence have got two cuts upon the head of them, and speckled on the other side; I had offered these halfpence the day before for a pint of beer, and they were refused, and I looked at them very particularly in the light, and I said they were good ones, and I changed them, and took them home; I put them out with the rest of the money into the canister.

MARTHA CRONEY sworn. - The prisoner lodged with me; I know nothing but honesty of him; I saw him go into the necessary a little after seven o'clock; that is all I know about it.

Prisoner's defence. I leave it to the mercy of the Court; I am innocent of what is laid to me.

GUILTY . Death . (Aged 22.)

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t18000115-6

76. WILLIAM ALLMAN was indicted for breaking and entering the dwelling-house of Stephen Wilson the elder , about the hour of seven in the night of the 26th of December , with intent to steal, and stealing a pair of stays, value 18s. the property of the said Stephen .

STEPHEN WILSON sworn. - I am a stay-maker , No. 19, Plumptree-street, Bloomsbury : On the 26th of December, about half past seven o'clock in the evening, I was sitting in the parlour, I heard a pane of glass break; I got up, and went into the shop as quick as I possibly could, I saw a man pull a pair of stays through a hold in the window; I then made to the street-door as quick-as I could, I went down the street a little way, and saw the prisoner with another man, my son had got the prisoner in custody; the prisoner said he did not know any thing of it.

STEPHEN WILSON , jun. sworn. - I heard the square of glass break twice; I went out and pursued, and found the prisoner in the hands of Brewer; I saw the stays lying at the prisoner's feet.

- BREWER sworn. - I was coming along the street, going to Oxford-road, I was running, and saw one man break the window and take a pair of stays, and then I saw the prisoner take another pair of stays, and I seized him, with the stays upon him.

Prosecutor. (Produces the stays.) I know these to be my stays, I made them; I lost two pair.

Prisoner's defence. I was coming from my sister's in Bloomsbury-market, I had a stick in my hand, I saw a man break the window and take out a pair of stays; I made a blow at him with the stick, and knocked the stays out of his hand; that was the way they came to be at my feet, and this man laid hold of me immediately.

GUILTY Death . (Aged 19.)

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

Reference Number: t18000115-7

77. JOHN PRICE was indicted for feloniously stealing, on the 23d of December , two pounds weight of coffee, value 6s. two pounds weight of ginger, value 1s. 6d. three pounds weight of pepper, value 5s. 6d. six pounds of liquorice, value 6s. 6d. a canvass bag, value 1s. 6d. the property of Miles Stringer , the elder , and Miles Stringer, the younger .

Second Count. For stealing the same goods on the 30th of December, the property of Miles Stringer , the younger.

Third Count. Laying them to the property of Miles Stringer , the younger; Elizabeth Stringer , widow ; John Bull , Clerk , and the said Miles Stringer, the younger, executors of the last will and testament of the said Miles Stranger , the elder.

WILLIAM WELLINGS sworn. - I am servant to Mrs. Stringer; I can only identify the bag to be the property of Mrs. Stringer.

RICHARD HOLLIER sworn. - On Monday the 30th of December, some information came before the Lord Mayor, which induced him to send me to take the prisoner into custody, at Mrs. Stringer's warehouse, in Monument-yard ; I did so, and brought him to the Mansion-house, where I searched him; I found in his pocket, two keys, which he said were the keys of his boxes, at his lodgings, No. 3, Boar's-head-court, in the Borough; I went and found that he did lodge there; I went up stairs into his room, and in his boxes I found these things, (producing the articles mentioned in the indictment;) and among the rest, folded up in his box, was this bag, with some marks and numbers, which I thought right to take away; I have had them in my custody ever since.

Wellings. I believe the whole of the property to be Mrs. Stringer's, but I cannot positively identify any article but the bag.

Q. Had you missed the bag? - A. No.

Q. Nor you cannot swear that any of the property was missing? - A. No.

Q. Was that the only bag of that kind upon Mrs. Stringer's premises? - A. No; I suppose there were twenty; we never fell these sort of bags, we always make them up into smaller ones; we never sell them.

Q.Might not Mr. Stringer, or any person in the house have given away that bag? - A.Not to my knowledge; this bag came with a lot in the Queen Indiaman; I have been twenty-two years in the house, and all that time they have never sold a bag.

Mr. Alley. Q. Do you mean to swear that Mr. and Mrs. Stringer never gave away a bag? - A. Yes.

Q. The bags are in the warehouse? - A. Yes.

Q. And will you swear that the warehouseman might not have given any of them away? - A. He could not.

Q. Upon the oath you have taken, have you not applied to get into the place of that man, if he is convicted, or get it for somebody else? - A. No, I have not.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t18000115-8

78. THOMAS M'MAR was indicted for feloniously stealing, on the 18th of December , a pound weight of wool, value 4s. the property of Edward Hanson , John Pearson , Thomas Staples , William Pearson , and David Gossett .

It appearing in evidence, that Mr. Gossett's name was Daniel, instead of David, the prisoner was ACQUITTED .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t18000115-9

79. GEORGE THOMAS was indicted for breaking and entering the dwelling-house of Solomon Levy , about the hour of nine in the night of the 3d of January , with intent to steal, and stealing a pair of nankeen trowers, value 3s. a pair of Dutch trowsers, value 1s. a jacket, value 3s. seven linen shifts, value 7s. six diaper clouts, value 6s. two remnants of cambric, value 12s. a yard of lace, value 5s. two cambric caps, value 1s. a pair of metal candlesticks, value 3s. a metal pestle and mortar, value 2s. and a japan tea-board, value 5s. the property of the said Solomon .

SOLOMON LEVY sworn. - I am a cloaths man ; I live at No. 3, St. Catherine's-lane ; between eight and ten o'clock my house was broke open; I missed a pair of metal candlesticks, a metal pestle and mortar, a Japan tea-board, seven children's shifts, six clouts, two remnants of cambric, a remnant of lace, two children's caps, a pair of nankeen trowers, a pair of duck trowsers, and a duck jacket; I had seen them about six o'clock in the evening; the two pair of trowsers and the jacket were in the parlour, the rest were in the kitchen; some of them were tied up in bundles upon a bureau bedstead in the kitchen; one candlestick was upon the shelf, and the other upon the table, and the pestle and mortar was upon the shelf, and the tea-board was upon the table; I went out and padlocked the door.

Q. Who lives in the house with you? - A.My wife, and myself, and two lodgers, but they were not at home; I went out about half past eight; I padlocked the kitchen door, and pulled the street door after me; I tried it before I left it; there is a lock to the door, but no key; I went next door but one to enquire if they had seen any body come out with a bundle, and in consequence of the information that I received, I got a warrant against the prisoner; I went down to Deptford with several of the Shadwell officers on board the Simon Taylor , and apprehended him; as we took him along, I perceived he had got a pair of duck trowsers underneath his blue ones; I examined them, and they were mine.

ANN STENT sworn. - I am servant to Mr. Benjamin, No. 1, St. Catherine's-lane; last Saturday night was a week, this young man (pointing to the prisoner) came to our house.

Q. Is your's a public-house? - A. No; it is a private-house.

Q. Did he use to come to your house? - A. Yes, he came once before; he said he was going a little farther, and he would come back presently; he came back about a quarter after nine, and took a black handkerchief off his neck, and tied up a bundle; I asked him where he was going, and he said, to the washerwoman's; he said he would call again, but he did not come back.

Q. What sort of a bundle was it? - A. It appeared to me to be white at the top, but I did not open it.

Q. There were not solid things at all in it? - A. No; it seemed to be quite soft.

ROBERT BROWN sworn. - Mr. Levy laid an information at the office, and got a warrant to apprehend the prisoner; and I, in company with Haynes, Cooke, Holebrook, and Levy, went on board the Simon Taylor Indiaman, at Deptford; Levy was on board first, I believe, and as soon as we came up, he said, that was the man; we found two pair of trowsers about him, one of them duck, which one of the officers has got; I had some business at Depiford afterwards, and I went on board, and asked the mate for his other property, and he gave me this pair of nankeen trowsers. (Produces them.)

JOSEPH HAYNES sworn. - I went with Levy, and Brown, and the other officers, to Deptford, to apprehend the prisoner; I found this pair of duck trowsers under his blue ones, and I found this black silk handkerchief round his neck. (Produces them.)

HANNAH BROWN sworn. - I am servant to Mr. Barnet, No. 6, St. Catherine's-lane; I went to light Mr. Levy home, about ten o'clock, and found the street door open, and the kitchen door was broke open, the padlock was off, and lying in the entry.

Levy. I know these trowsers to be mine, by there being two odd buttons upon the waistband; I saw them lying upon the chair in the parlour, about half-past six that evening; I had such a pair of nankeen trowsers as these, but there is no particular mark upon them.

Prisoner's defence. My Lord, I hope you will be my judge and my counsel: this property was my own; I had left them in his custody, they were never in his house; I bought them and paid for them, at Kingston, in Jamaica; he keeps an unruly house; here is a woman here, that he has offered a guinea to swear against me, Mr. Benjamin's servant. (She is called.)

Q. Has any offer been made to you to give evidence here? - A. None; the gentleman desired me to say what I knew.

Q. Was there any conversation about a guinea? - A. No.

For the Prisoner.

THOMAS GRIFFITHS sworn. - Q. Do you know the prosecutor? - A. Yes; he was tried here about three years ago, he, and Barnard, and one Canter; I was one of the officers that apprehended him, we caught them in the fact of coining.

Court to the Prosecutor. Q. You were convicted of coining here, how is that? - A. I was convicted for three months.

NOT GUILTY .

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t18000115-10

80. JOHN FRANKLIN was indicted for that he, in the King's highway, in and upon John Whitmarsh , on the 23d of November , did make an assault, putting him in fear, and taking from his person, a silver watch, value 10l. 10s. two guineas, a seven shilling piece, 2s. and a sixpence, the property of the said John .(The case was opened by Mr. Knapp.)

JOHN WHITMARSH sworn. - I live in Craven-street, in the Strand, and lodge with Mr. Snowden: On the 23d of November, I was robbed about a quarter past five, or I do not think it was so much.

Q. Had the day shut in? - A. No, it was not; it was a clear evening; a man came up the road, which leads from Battersea-bridge ; he was on horse-back alone, I was in a chariot; there were three of us, myself, Mr. Snowdon, and his brother; he rode up along side, flourishing a pistol to the coachman, and said, d-n your blood, stop, or I will blow your brains out; he had nothing over his face whatever; he put a pistol into the chaise, and said, your money and watches, gentlemen, and repeated it a great many times; I said, stop a bit, don't be in such a hurry; I dare say it was a minute at least before I got at it; at last I gave him my watch; he then asked for my purse, and I kept him as long a time with my purse; he then said, I want the gentleman's watch; I said, d-n your blood, get about your business, you have got enough, we have acted like gentlemen, now be off; then he thrust his pistol towards Mr. Snowden's brother, and asked for a guinea or two; I said again, d-n your b-d, we have acted like gentlemen, go about your business; he then looked at me and said, have not I acted like a gentleman too; I sat in the middle; I was laughing at the fellow for his solly, in stopping one in such a place; I was looking him full in the the face all the time; this was on Saturday night; on Monday morning I gave information at Bow-street; it was near a month afterwards before I saw the prisoner; there were six or seven of them confined in the place together; I observed the prisoner at the bar immediately.

Q. Was the prisoner, whom you saw at that time, the person you had seen on the 23d of November? - A. It struck me very forcibly the moment I saw him.

Q. Have you any doubt that he was the person that robbed you? - A. I really have no doubt at all of it.

Q. Have you ever found your watch since? - A. No. He put his pistol into his coat-pocket, on the left side; it was a bath coat with a black velvet collar; his under coat was a dark drab, with a strait cut; it was a frock coat, and no lappels; it was a silver watch, gilt.

Q. Do you recollect the colour of the horse? - A. It was a bay blood horse.

Cross-examined by Mr. Knowlys. Q. All that you formed your opinion upon was from a view of two or three minutes at the utmost? - A. True.

Q. He had a round hat on? - A. Yes, and a great coat, open.

Q. And that was all the opportunity you had of observing him? - A. Yes.

Q. And this man you did not see till nearly a month after? - A. I did not.

Court. Q. How was he dressed at Bow-street? - A. With the same great coat on, but a different close-bodied coat, and his waistcoat was the same.

Q. Were you at all agitated? - A. Not the least; at the time that he was at the side of the carriage there was a man not forty yards off, a gardener:

I pursued him afterwards; the road was lined with people.

GEORGE SNOWDEN sworn. - I live at Fulham: I was going there in my carriage on the 23d of November, about five o'clock in the evening, we were stopped by a single highwayman, who desired the coachman to stop, or he would blow his brains out; the man stopped, and the highwayman immediately put his head into the window on the left side, with a pistol in his left hand; he immediately said, gentlemen, your watches and your money instantly; quick, I have no time to lose; my brother, who was on the other side, said, take your pistol away, I have left my money at home; he is now in Derbyshire; then he took a watch from Mr. Whitmarsh, and put it into his coat-pocket, and still kept the pistol in the chariot; now, says he, gentlemen, your money; Mr. Whitmarsh pulled out a red morocco purse, and gave it him; says he, very well, go off, take your pistol away, we have behaved very handsomely; but before that he said, what, have not you a guinea or two, cannot you give me a guinea or two; then he took the purse, and put it in his inside pocket; well, says he, gentlemen, have not I behaved very much like a gentleman, and away he went.

Q. When you did see the prisoner at the bar at Bow-street? - A. I was sent for several times to look at men; but I did not see the man. On the 21st of December I was sent for again, and I saw the prisoner and four or five more, in a row; I immediately fixed upon the prisoner.

Q. Have you any doubt that the prisoner at the bar was the person you had seen on the 23d of November? - A. No.

Q. Were you at all alarmed? - A. To be sure I was; I sat in the carriage in the corner; the sun was setting, it was king of twilight; I had a particular opportunity of observing his features; I have no doubt but the man that I saw at Bow-street was the same man; he had a large hat on, and when I saw him at Bow-street, I immediately remarked that that was not the hat; they fetched another, but I said, that was not the same hat.

Cross-examined by Mr. Const. Q. On the 21st of December, I wish you to recollect, do you mean to swear it was on that day? - A. Yes.

Q. Was it not the 1st of January? - A. I think not; to the best of my recollection and belief it was the 21st of December.

Q. Then as far as your memory goes, you are as correct in that, as in any other part of your evidence? - A. Yes; I cannot be very certain.

Q. It was a month after the robbery happened? - A. Yes, thereabout.

Mr. Knapp. Q. You never saw the prisoner but once at Bow-street? - A.No.

Q.And then Mr. Whitmarsh was with you? - A. Yes.

JOHN PARTRIDGE sworn. - Examined by Mr. Knapp. I am coachman to Mr. Snowden: I was driving him when he was stopped.

Q. Do you know the person that stopped your master? - A. I think I do.

Q. Look at the prisoner at the bar? - A. I cannot say, he has very much the appearance of the man.

JOHN SAYERS sworn. - Examined by Mr. Knapp. I am an officer of Bow street: I apprehended the prisoner on the 10th of December, in Clifford's-inn-passage; in a house kept by a person of the name of Guion; I apprehended him with two other persons.

Cross-examined by Mr. Knowlys. Q.These two persons were afterwards discharged? - A. Yes.

Q. When you apprehended him, did he not tell you his name, and where he lived; and offered you the key of his apartments if you chose to search? - A. Not at first; he did afterwards. I searched, but found nothing.

Prisoner's defence. I am innocent of the crime that I am charged with; I have witnesses to prove where I was at the time the robbery was committed.

For the Prisoner.

JOHN THOMPSON sworn. - I am clerk to the Police-office, Lambeth-street, Whitechapel.

Q. Do you recollect two persons of the name of Baylis and Hindes being discharged any day in November? - A. Baylis, Hindes, and Weston were discharged on the 23d of November last, somewhere about two o'clock.

Q. Do you know a person of the name of Guion, who keeps a coffee-house in Clifford's-inn-passage? - A. I saw him at the coffee-house that day.

Cross-examined by Mr. Knapp. Q. Did you know Guion before? - A. No.

WILLIAM GUION sworn. - Examined by Mr. Const. I keep a coffee-house in Clifford's-inn-passage: I have known the prisoner Franklin three years; he kept a grocer's shop at Ealing when I kept a public house at Brentford; that did not succeed, and then he went into the fish line; I then got him to assist, now and then, the officers; my house is used by Marshalsea-court officers.

Q. Do you remember Hindes and Baylis being discharged? - A. Yes; I was at the office at the time.

Q. Did you see Franklin that day? - A. Yes, I saw him in the morning; between twelve and one o'clock at noon I asked him if he would go with me; and he said, no, he would not, for fear he should be wanted; when I returned at half past four in the evening, I found him at my house; I

looked at the clock as I passed St. Dunstan's-church; I found him endeavouring to quell a disturbance that Baylis, who had been discharged, was making in my house, because my wife would not serve him; Franklin stopped to drink tea with me and my wife and my sister, and staid till between seven and eight; my wife knew him from a child.

Q. What character has he deserved? - A. He always bore a very good character.

Cross-examined by Mr. Knapp. Q. The prisoner lived first in Ealing? - A. Yes, in both situations.

Q. And then he turned Marshalsea-court officer? - A. No, Marshalsea-court assistant.

Q. Have you any thing to do with the Marshal-sea-court yourself? - A. Nothing.

Q. Do you always look at the clock when you go home? - A. I generally cast my eye at the clock, because it is so conspicuous.

Q. What makes you quite sure that you looked at it that particular day, if you look at it every day? - A. No, nothing more particular; I go particularly by the discharge that day; if it had not have been for the discharge, I would not have given my evidence.

Q. How long has the prisoner used this coffee-house? - A. As long as I have kept it; about eight months.

Q. Where did you live before that? - A. The George, in Brook-street; I kept it near a twelvemonth.

Q. Where did you come from when you went to live there? - A. From Brentford; I kept the One Tun.

Q. The house kept by Shock White? - A. The same.

Q. How long did you keep that house? - A. Three years.

Q. It never occurred to you to have this sort of accident happen, to have people taken out of your house? - A. No, only Hindes; he was a Marshalsea court officer.

Q. What was he charged with? - A. I do not know.

Q. Were any other persons taken out of your house, at any time, for any crime? - A. No, only some people of a search-night, to take them before the Lord Mayor; there were three or four Marshalsea-court officers.

Q. How many were taken out, and how long ago was it? - A. Five; and they were discharged the next day.

Q. Was there any other time at which any other persons have been taken out of the house? - A. Not since I have kept it.

Court. Q. How did he employ himself all the while he was there? - A. In smoaking and drinking.

Q. How was he dressed? - A. In a pepper and salt coat; I lent him five guineas the Friday week before he was apprehended, to buy him some clothes; a striped swansdown waistcoat I believe it was, with mother-of-pearl buttons.

Q. He drank tea with you and your wife and sister? - A. Yes, and then went to smoke his pipe.

Q. How far from your house is it to Whitechapel? - A. It is a good distance.

Q. What was your errand? - A. Nothing particular; curiosity led me to see the discharge. I never had any thing of the kind before.

Q. Did you know the charge when Baylis was taken? - A. No, I did not.

Q. Who else were there during all this time? - I cannot tell their names particularly; there was one person, James Ribbins , he is here; he went away about half past seven.

MARY GUION sworn. - I am the wife of William Guion : I have known Mr. Franklin as long as I can remember; I recollect my husband asking Mr. Franklin if he would accompany him to the Public-office, Whitechapel, between twelve and one; after that he dined with me, and from that time till near eight in the evening he was never out of the house ten minutes; he dined and drank tea with me.

Q. Did your husband dine at home? - A. No, he did not.

Q. About what time did Mr. Guion return? - A. I should think about half past four, or rather more; I had lit candles just as he came in.

Cross-examined by Mr. Knapp. Q. I dare say you are quite sure it was the day he went to Whitechapel? - A. Yes; because I have seen the gentleman that discharged him, and I have seen the copy of the discharge.

Q. Be so good as describe how Mr. Franklin was drest on that day? - A. To the best of my knowledge he had a pepper and salt coloured coar, lappelled, and a striped waistcoat, swansdown, with mother-of-pearl buttons.

Q. Do you recollect if he had any great coat on? - A. No.

Q. Did you ever see him in a great coat? - A. Yes.

Q. What sort of a great coat did he use to wear? - A. A dark dussel coat.

Q. Any particular collar to it? - A. Not that I recollect.

Q. I suppose he had access to every part of your house; he has never been down in the cellar? - A. He may have gone into the cellar.

Q. You never saw him with a pistol, I dare say? - A. I never did.

Q. You did not go to Bow-street to give an account of this? - A. No.

Q.Nor did your husband? - A. My husband went to Bow-street.

Q.When did you first tell the story that you have now told? - A. The first time that I told it a gentleman applied to me to know if I recollected any thing about it.

Q. What was that gentleman's name? - A. Mr. Finnis.

Q. You never had any persons taken out of your house before? - A. Yes; some persons were taken before the Lord-Mayor by the City-Marshals, and Baylis was taken out of our house.

Q. Nobody else? - A. Yes, a man of the name of Dudfield.

Q. You do not know their line of life? - A. No, I understand one was a young man, a glass-cutter.

Q. What was Dudfield? - A. I believe he was a Marshalsea-court officer.

Q. Did you ever see the City-Marshal in your house before that? - A. No.

Q. Were you married to Mr. Guion when he lived at Brentford? - A. Yes.

Q. Had he not a warrant against him; was he not taken up? - A. Many people may have a warrant.

Q. How did Franklin amuse himself all the time he was in your house? - A. He was sitting there all the afternoon, attending in case he should be wanted.

Q. He smoked his pipe, did not he? - A. No, he did not.

Q. That you are sure of? - A.After tea he did, and he might before, but I did not take particular notice of him.

Court. Q. Did Baylis come in at all that day? - A. Yes, before my husband; and I resused to serve him, and he behaved very ill, and made a great many words; Mr. Guion came in while the words were.

Q. Who drank tea with you? - A.Franklin drank tea with me and Mr. Guion.

Q. Any body else? - A. Yes, my sister.

Q. Do you remember any body coming into the house during the time the prisoner was there? - A. Several people came in and out.

JAMES RIBBENS sworn. - Examined by Mr. Const. I am a Marshalsea-court officer; I use Mr. Guion's house: I went in about a quarter before five, on Saturday, November 23d; there was a man in the house of the name of Baylis, who had been discharged that day at Whitechapel, he was without his coat, quarrelling with Guion because he would not serve him with liquor; Franklin was there at the time, and did all in his power to prevent it; I was there from that time till seven, or a quarter after seven, and I left him there; after the tray was over, Franklin went into the parlour to drink tea with Mr. and Mrs. Guion.

Cross-examined by Mr. Knapp. Q. Baylis was a Marshalsea-court officer? - A. Not that I ever heard. I am certain he was not.

Q. Did he assist the Marshalsea-court officers? - A. Never to my knowledge; he was quite a stranger to me.

Q. Did you know Hindes? - A. No.

Q. Was he a Marshalsea-court officer? - A. No; I have been an officer twelve years, and must have known it if he had.

Q. Do you know a person of the name of Dudfield? - A. Yes; he was a Marshalsea-court officer three or four years ago.

Q. How long have you known Franklin? - A. Seven, eight, or nine months.

Q. Do you know what business he was? - A. I understood he had been in the sishmongering line.

Q. Do you know what he has been within these seven or eight months? - A. He has been employed by some of our officers as an assistant; he has asked me to employ him, but I never did.

Q.Were you at Guion's house the day before? - A. I do not know that I ever miss a day; I dare say I was; I generally go there about ten o'clock.

Q. You heard that the prisoner was taken to Bow-street? - A. Yes.

Q. Did you go to Bow-street? - A. No.

Q. You never conveyed any thing of this sort to either of the officers of Bow-street? - A. No.

Q. Can you tell us how Franklin was dressed that afternoon? - A. I believe he had a brown coat, a dark coat on.

Q. Was it a plain coat, or a lappelled coat? - A. I believe it was lappelled.

Q. What was the waistcoat? - A. I cannot swear to it.

Q. Was it a cloth waistcoat? - A. I cannot swear to it.

Q. Had he a great coat on? - A. No.

Q. Did you ever see him with a brown coat and a green cape? - A. No.

Q. Did you ever see him with a drab coat and a black collar? - A. No.

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

Court. (To Thompson.) Q. How do you know it was the 23d, that this happened? - A. When I was applied to this morning, I took it from the minute-book in my own writing.

NOT GUILTY .

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

Reference Number: t18000115-11

81. JOHN RICHARDSON was indicted for feloniously stealing, on the 30th of November , a seven-shilling piece, three shillings, and four halfpence , the property of John Weeks .

ELIZABETH GUEST sworn. - I lived servant to Mr. Weeks, at the Black-boy, in Long-acre: On Saturday night, the 30th of November, I met the prisoner in Duke's-court , and he ordered a pot of beer to Mr. Sermon's, and change for half-a-guinea; I carried the beer and the change, and I met him again just before I got to Mrs. Sermon's; she lodges at Mr. Miller's, the Bow-street runner; and he told me it was to be change for a guinea; he desired me to give him the change for half-a-guinea, and he would go for change for a guinea, and I was to take the beer; he went away, and I saw no more of him for two days after; I am sure he is the same man.

Prisoner. I lodged at Mr. Miller's, and had done for five weeks.

Q.(To Guest.) When was he taken? - A. Not till the Friday week after; I saw him on the Monday, and one of the lodgers told me he lodged there; they told me that the person was gone out that I had brought the beer for; and I carried it back; afterwards I saw him come out of the house.

JOHN WEEKS sworn. - I delivered to the last witness a seven-shilling piece, three shillings, and four halfpence, in change for half-a-guinea; I never received the half-guinea; the prisoner was taken up on the 13th of December; I wished her to see him two or three times, to be positive before I took him up.

Prisoner's defence. I never saw the girl with my eyes till the Friday, which was six days after the crime was committed that I am charged with; on the Monday night following, which was ten days after, the girl and her master came to the house while I was at work; I asked who they were, the master asked me if my name was Richardson, and I said, yes; and then the girl said, I was the person that she had delivered the change to; and the next day, Tuesday, I was taken up by a Bow-street officer.

GUILTY (Aged 22.)

Privately whipped, and discharged .

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

Reference Number: t18000115-12

82. PETER ASTERBAWD and ANDREW FORSMAN were indicted for breaking and entering the dwelling-house of Nicholas Alstrom , about the hour of eight in the night, of the 7th of January , and stealing a man's coat, value 4s. the property of John Besteth ; a cloth jacket, value 6s. and a linen sheet, value 8s. the property of the said Nicholas .

NICHOLAS ALSTROM sworn. - I keep the Star public-house, Meeting-house-alley, St. George's, Middlesex ; On the 7th of January, Mr. Mount, the pawnbroker, sent his boy to my house; the prisoner Forsman was going to pawn a sheet, and he sent to me to know if it was my property; I went with the boy to the pawnbroker's, it was between ten and eleven o'clock in the morning, Forsman was there, I looked at the sheet which the pawnbroker shewed me, he asked me if it was my property.

Q. Does he understand English enough to know what the pawnbroker said? - A. Yes; he asked me if it was mine, but I could not swear to it till I had been home to my wife with it, and when I came back the prisoner was gone; (produces the sheet;) I saw Forsman the next day at the India-House; I got an officer and took him up before my Lord-Mayor; the officer examined Forsman's pocket, and found two duplicates, and then he took him down to the office at Shadwell; Asterbawd was taken up the day before that; both the prisoners lodged in my house; when Asterbawd was taken up there was nothing found; but there was a coat gone out of a trunk belonging to John Besteth , up two pair of stairs; the trunk was broke open; Asterbawd was taken into custody till next day; the sheet was in the same room where the trunk was.

- JACKENBERGH sworn. - I know the prisoners; On the 7th of this month, about half past eight at night, I met the prisoner near Mr. Alstrom's; I asked who they were that stood in the street, and one of them said, it is me, that was Andrew Forsman , and then he said, here is Peter; I looked at them, and Peter had got a bundle upon his arm; I asked him what he had got there; he said, why there is my coat; I asked him what he was going to do with the coat, he said he was going to the pawnbroker's, to put it in pawn; I asked him what for, and he said he had got no money, and he was obliged to put his own property in pawn, to buy some victuals with; I said, I shall see you to the pawnbroker's, he said, no; I went with him to the pawnbroker's, he asked half a guinea for a coat; there was a striped coat, an outside coat, black and brown; he asked him where he lodged, and he said at Mr. Alstrom's; the pawnbroker said he would not give him five shillings for it; and then he gave him half-a-crown, and he was going to throw away the ticket, but the pawnbroker told him he must keep that to get his coat back again; he said he had no pocket to put it in; I took the ticket, and gave it to Mr. Alstrom the next morning.

Alstrom. The last witness gave me the ticket, and I went to the pawnbroker's shop and saw the coat; I left the ticket there.

JOSEPH DEVANEY sworn. - I am servant to Mr. Mount, a pawnbroker: On the 8th of Janu

ary the prisoner Forsman brought a sheet to me to pledge, in the forenoon; and I took in a jacket of him on the 7th of January; (produces the jacket;) I delivered the sheet to Mr. Alstrom; this coat was taken in on the 7th of January; I stopped the sheet, and sent for Mr. Alstrom; the prisoner said he lodged at Mr. Alstrom's.

JOHN BESTETH sworn. - This is my coat; I lost it from a trunk in Mr. Alstrom's house; the lock was a very bad one.

JOHN RILEY sworn. - I am an officer; I apprehended Asterbawd; I have a duplicate of a jacket which was found in Forsman's pocket. (Produces it.)

Devaney. This is one of our duplicates; I have the correspondent duplicate in my pocket; (produces it); this is the same jacket.

Alstrom. This jacket belonged to a lodger in my house; I had seen it on the 6th of January.

Asterbawd's defence. Besteth gave me leave to take it sixteen days before.

Court. (To Besteth.) Q. Did you give him leave to take this coat at any time? - A. No, he never asked my leave; I never did.

Forsman's defence. There is another Swede man that told me I might take it. I have no witness, nor no money.

Asterbawd, GUILTY (Aged 24.)

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

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

Forsman NOT GUILTY .

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

Reference Number: t18000115-13

83. JOSEPH PENN was indicted for feloniously stealing, on the 20th of December , a wooden cask, value 7s. the property of John Edmunds , Isaac Edmunds , and Isaac Edmunds .

ISAAC EDMUNDS sworn. - On Friday, I think, the 20th of December, between four and five in the evening, I was upon the watch, in Newgate-street , and saw the prisoner take a cask out from twelve that lay one upon another, and put it upon his shoulder; they were standing against the side of Newgate; the dray was going further, and they pitched the casks there till they came back; I followed him as far as St. Bartholomew's hospital, and there he pitched it; I then caught hold of him, and asked him what he was going to do with that cask; he told me a gentleman had hired him to carry it into Jewin-street, for which he had given him a shilling; I told him to take it into Jewin-street, and I would go with him, he refused; I know this cask to be mine, it is here.

Prisoner's defence. I have been in the hospital five months; I was going to Snow-hill, and a man offered to give me a shilling to carry it to Jewin-street, and when I got into St. Bartholomew's-hospital, I was stopped with it; I had not had a bit of bread in my lips from the Wednesday till I was taken to the Compter on the Friday, and then only a three-penny loaf for myself, my wife, and three small children.

GUILTY . (Aged 58.)

Confined six months in Newgate , publicly whipped and discharged .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t18000115-14

84. ROBERT COOKE was indicted for feloniously stealing, on the 23d of December , two pounds and a half of raw sugar, value 1s. 3d. the the property of Thomas Bolt .

THOMAS WILSON sworn. - I am clerk to Mr. Thomas Bolt; I had the care of Fresh Wharf ; On the 23d of December, about four o'clock in the evening, we had just left off landing, when I detected this man with a quantity of sugar in his hat; I saw him with his hands at work in the sugar, and I watched him; he took it out of a hogshead that laid upon the whars, and put it in his hat, and then on his head; I delivered the sugar and the prisoner to the constable.

ROBERT BROWN sworn. - I am a watchman upon the quays; I was called to by Mr. Wilson to take charge of the prisoner; I saw the sugar in his hat; I gave charge of him to the constable, and the sugar was delivered over to him.

Wilson. He behaved in a very resolute manner, we were obliged to bind him in a cart to take him to the Compter. (The constable produced the sugar.)

Wilson. This is the same fort of sugar that was in the hogshead.

Prisoner's defence. I did not take it out of the hogshead; I had been at work for Mr. Wilson in the crane; there had been some soldiers at work upon the ground, and they had every one taken some out, and I was gathering what they had scattered upon the ground, when Mr. Wilson came up and laid hold of me.

GUILTY (Aged 25.)

Confined six months in Newgate , publicly whipped and discharged .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t18000115-15

85. ELIZABETH HOLLINBY was indicted for feloniously stealing, on the 21st of September , eighteen yards of fustian, value 18s. the property of Edward Jones , privately in his shop .

THOMAS MEREDTTH sworn. - On the 21st of September, the prisoner came into our shop; I am servant to Mr. Edward Jones , in Old Gravel-lane ; she said her daughter had bought some linen to be

paid for at so much a week; I told her there was no such a thing in our shop; she has come to the shop to buy what things she has wanted, and I have known her about eight months; her daughter I have known longer; she went away, and after she was gone, I drew two pieces of pillow fustian, and sold two yards of it, and laid them upon the counter, and in about ten minutes after that, the prisoner came in again, and looked at some flannels; then she agreed with me for twelve yards of flannel, at fifteen-pence a yard, and when I had cut it off, and tied it up, she told me she had got a one pound note, which she could not find; and on searching for the note, I observed that she dropped a canvass bag from under her clothes, and she gave it me over the counter, and desired me to lay it by, and the flannel likewise; she told me she was going a few doors to the grocer's, and she would call immediately for the flannel and the bag; she went out, and I looked over the calicos, and reckoned them, and they were all there; about six o'clock my master came home, and I missed the fustian; we suspected, as the prisoner did not come back for the bag and the slannel, that she had taken it; we enquired out where she lived, and I got an officer from Lambeth-street, and found her in West's-gardens, Ratcliff-highway; I immediately gave charge to the officers, and they took charge of her, and in a short time after they had searched the house, she said to me, if I would let her remain quietly in her own house, she would deliver up the duplicates, and pay the gentlemen that came with me for their trouble; I told her I could do no such thing; she delivered the duplicates to Griffiths; she came to Mr. Jones's shop, in her way to the office, and offered to pay for the goods; she said, if Mr. Jones would forgive her she would pay for the goods; I cannot say what Mr. Jones said to her, but she was not released; the property was produced by the pawnbroker, on Friday the 27th, at the office.

Q. She had not asked you the price of these goods? - A. No, nothing.

- STANDFIELD sworn. - I am a pawnbroker, No. 30, Red-lion-street, Whitechapel,(produces the property; I took this fustian in of the prisoner on the 23d of December.

Meredith. I believe this to be Mr. Jones's property; it has no mark upon it, but it corresponds with another piece that I have got.

Q. Does it correspond with the quantity that you lost? - A. No; there is another piece at a pawnbroker's in Whitechapel, Burton, and Co.'s.

Q. It is such as may be bought in any linen-draper's shop in London? - A. Yes.

THOMAS GRIFFITHS sworn. - I am an officer belonging to Lambeth-street: I went with Smith, a brother officer, to the prisoner's lodgings; she said she was very much distressed, and had taken a little fustian, but she hoped he would forgive her, and she would pay Mr. Jones for it; I asked her what she had done with it; and she said she had pawned part of it in Red-lion-street, Whitechapel; I had these duplicates from her. (Produces them).

Prisoner's defence. It was none of Mr. Jones's property; I was very much frightened, for the officer used me very ill, and said he would take me and my, daughter; it belonged to a young man that was pressed, and gone to sea; I told him I had two tickets, but I did not tell him they were Mr. Jones's property, for it never was.

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

GUILTY . (Aged 67.)

Of stealing, but not privately.

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

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

Reference Number: t18000115-16

86. ISAAC HART , JAMES SMITH , ELIZABETH SMITH , and ANN PUMMELL , were indicted, the two first for breaking and entering the dwelling-house of John Clarke , about the hour of seven o'clock in the night of the 25th of December , and burglariously stealing three cloth coats, value 1l. 10s. a cloth cloak, value 4s. and a pocket-handkerchief, value 6d. the property of the said John ; and the other two for receiving the same, knowing them to have been stolen .

There being no evidence to affect the prisoners, they were ACQUITTED .

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

Reference Number: t18000115-17

87. MARY PAYNE was indicted for feloniously stealing, on the 30th of December , twenty-eight yards of printed cotton, value 42s. the property of Thomas Clarke and Thomas Boyd , privately in their shop .

THOMAS BOYD sworn. - I am a linen-draper , in partnership with Thomas Clarke , No. 170, High Holborn, the corner of Drury-lane : On Friday, the 30th of December, between four and five o'clock in the evening, the prisoner at the bar came into the shop, and asked for some thicksets; I said we had none that would suit her, as she always bought one particular article of thickset, a low priced article, for the purpose of making them up for sale, into breeches; she was a constant customer at our shop; we were particularly busy, and she stood within about a yard and a half of me, against some prints that I had just been shewing to a customer; I thought I saw some prints under her

gown; she then walked forward into the middle of the shop and stopped, and asked when it was likely I should have any thing to suit her; I said it was very uncertain; upon that she walked out; she walked very awkwardly out of the shop, for she had a print between her knees; I called to a young man at the top of the shop to stop that woman, his name is French; she was then stepping out at the door; she went past the window, and as he stopped her I got up to them, and after a struggle, I took this print from her, (producing it); it contains twenty-eight yards of printed cotton, it is worth two guineas; I had had it in my hands shewing to a customer within five minutes, it has my private mark upon it; at the time she was taken into custody, when she was in the street, she said she had taken it out of sun; she made two or three attempts to escape, she got across the street at one time.

THOMAS FRENCH sworn. - My master called to me to stop the prisoner; I followed her out, she had got past the window, I stopped her, and then Mr. Boyd came up; I held her till he took the print from her, it was concealed underneath her petticoat, or apron, I think underneath her petticoat; I brought her back to the shop, and sent for a constable; she made her escape across the street; this is the same print.

EDWARD TREADWAY sworn. - I was sent for to take charge of the prisoner, that is all I know of it.

Prisoner's defence. I went to Mr. Boyd's shop for some thickset, it was a dark night; I was going out at the door and stepped over something, I stooped and picked it up, I had it in my apron when Mr. Boyd stopped me; I did not know that I had any business to stop, and I went out again, and they fetched me back.

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

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

Transported for seven years .

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

Reference Number: t18000115-18

88. SOLOMON ROBUS was indicted for that he, in the King's highway, in and upon William Riley , on the 25th of September , did make an assault, putting him in fear, and taking from his person a linen pocket, value 1d. two shillings, and four halfpence, the property of the said William .

WILLIAM RILEY sworn. - On the 25th of September last, I was coming home from Mr. Gilson's house, the Swan, in Gate-street, Spitalfields: I had six-pennyworth of gin and water, and I gave the landlord a half-crown to change, and he gave me two shillings in change, another young man came with me; as we were coming to George-street , John Colley, Moses Davis, and Solomon Robus, came up to us; Colley came up to me and made a snap at my hair, and I received a blow from him; I got clear from him, and the prisoner at the bar came up, and cut me with a knife, or some other sharp instrument, and then he made off; and Davis came up to me and knocked me down, and tore the pocket clean out of my waistcoat, with two shillings in it, and some halfpence; and then they stamped upon me, and left me for dead as they thought; I have nothing to say against the prisoner for putting his hand in my pocket, or any thing.

Cross-examined by Mr. Knapp. Q. You have been here two Sessions, have not you? - A. Yes.

Q. You prosecuted Davis and Colley? - A. Yes.

Q. They were tried at different Sessions? - A. Yes.

Q. And each time the Jury acquitted each of these persons? - A. Yes.

Q. You applied to the Court, at both Sessions, for your expences? - A. Yes.

Q. But at neither Sessions did the Court grant you your expences? - A. No.

Q. You were stunned with the blow when you were knocked down? - A. Yes.

Q. It was not till after you were upon the ground that they took your pocket away? - A. No.

Q. Did you at that time, or any time after, look upon the ground to see if you could find the two shillings? - A. No, I was not able.

Q. Nor any body else? - A. No; their lives were in danger.

Court. Q. Do you know Bracher? - A. Yes.

Q. I believe, upon the first trial, Bracher swore that it was Davis knocked you down? - A. Yes; and he has since said it was a mistake.

FRANCIS BRACHER sworn. - Riley and me were going to George-street, and Solomon Robus came out, with Colley and Moses Davis , and Robus knocked him down.

Q. It was not Davis that knocked Riley down then? - A. No; and when I returned back, Robus knocked me down, and Colley and Davis stabbed me in the arm.

Q. What office did you apply to to take the prisoner up? - A. Worship-street was the first.

Q. And did they grant a warrant for the robbery? - A. No, for an assault.

Q. Where did you get your warrant for a highway-robbery? - A. I did not get it.

Q.(To Riley.) You applied to Worship-street for a warrant? - A. We went to Worship-street and got a warrant, but they were not taken; and then I went to Lambeth-street.

Cross-examined by Mr. Knapp. Q. You did apply to Worship-street first, and they granted you a warrant for the assault? - A. I did not, Gilson did, and Bush.

Q.Were you there? - A. Yes.

Q. Did you then make known to the Justices, or to the officers, that you had been robbed? - A. No, I did not; I left it to those people that went in before me, I did not know how to proceed in it.

Q. Did you go a second time to Worship-street? - A. Yes.

Q. You never got from Worship-street any thing but the warrant for the assault? - A. No.

Court. Q. Did not the officers know that you had been robbed? - A. Yes.

Court. Q. And yet the Magistrate only thought sit to grant a warrant for an assault? - A. He did.

Mr. Knapp. Q. You went to Lambeth-street office afterwards, and made a charge of the robbery? - A. Yes.

Q. Was not that a month afterwards? - A. No, it might be seven or eight days.

Q. You never heard of forty pounds reward? - A. Yes, you were the person that first told me of it.

- GILSON sworn. - I did not see the beginning of the transaction, nor I did not see any thing of the robbery. NOT GUILTY .

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

Reference Number: t18000115-19

89. JOSEPH BROADBENT and THOMAS WHITE were indicted for feloniously stealing, on the 26th of November , a band-box, value 2d. a silk sash, value 42s. a helmet cap, value 21s. and a jacket, value 21s. the property of James Fletcher .

JAMES FLETCHER sworn. - I am a merchant ; my servant lost the articles mentioned in the indictment; I know nothing of it.

JACOB GRIMES sworn. - I am servant to Mr. Fletcher: on Tuesday, the 26th of November, about nine o'clock in the evening, I was driving a curricle from Epsom ; I did not miss the property till I came facing Moorfields , and then I found the trunk was cut off from behind; I do not know what was in the trunk, it had a patent strap belt round it.

Q. When did you last see it? - A. At Tooting.

Q.Should you know it again, if you were to see it? - A. I don't think I should; I have seen the sash, cap, and jacket since.

THOMAS GRIFFITHS sworn. - I am an officer belonging to Lambeth-street; On the 4th of December, in consequence of an information that I received, I went with William Cass to a public-house, in East-Smithfield, and found the two prisoners there, drinking a pint of porter, one was on one side of the box, and the other on the other; this band-box was on the bench, by the side of Broadbent, (producing it;) I asked Broadbent whose property it was, he said it was his; I then asked him how he came by it, he said he picked it up in Blackfriars-road, facing the New-road, near the chapel; I told them we were not satisfied with that story, and we took them into custody, and took them to the office.

Q. Did White claim any part of the property? - A. No; he neither said or did any thing, but they appeared to be in company together.

Court. (To Griffiths.) Q.Which way did you come from Epsom? - A. Over Blackfriars-bridge.

Q. Were the straps cut? - A. Yes. (Produces them.)

Mr. Knapp. (To Griffiths.) Q. You apprehended the prisoner on the 4th of December? - A. Yes.

Q. And the robbery was committed on the 26th of November? - A. So I have heard.

Q. And you found these persons with the property in a common public-house tap-room? - A. Yes. (The property deposed to by Mr. Fletcher.)

Broadbent's defence. I had been out of an errand for my father in the city, and returned home between eight and nine o'clock; coming down Charlotte-street, near the chapel, I picked up the property, tied up in this handkerchief, (producing one;) I went to the public-house that I use of an evening, and where Mr. White uses; I had mentioned there, that I had found such things, and White said, he thought he could find me a man to buy them of me; I had been with him to a Jew over the water, and he was to come to this house, and we were waiting for him when Mr. Griffiths came in with another officer, and took us.

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

Court. (To Griffiths.) Q. Were these things ever advertised from the office? - A. I believe they were in two papers, after the prisoners were taken into custody.

Both NOT GUILTY .

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

Reference Number: t18000115-20

90. ELIZABETH JARVIS was indicted for the wilful murder of her male bastard-child . She was also charged with the like murder, upon the Coronor's Inquisition.(The case was opened by Mr. Knowlys.)

REBECCA RANDOM sworn. - My husband is a print-seller, in the Strand; the prisoner came into my service, on the 8th of November, as a servant of all work ; in a very few days after she had been with me, I suspected that she was pregnant; I asked her if she really was not with child; I told her I had suspicions; she said, no, she was not with child; this was two days after she had been in

my service; I mentioned it to her several times; at first, she said, she believed she was going into the dropsy, that it was a family complaint, her mother died of it; and the second or third time I mentioned it, she said she was so poorly, she believed she must leave my service: On the 26th of November, I was intending to remove to Bond-street, and she assisted in packing up, till she really could not do it any longer; about seven o'clock in the evening, she appeared very poorly, and while I was gone down stairs, she went into her own room, she said, she believed it was a violent complaint in her bowels; between eight and nine o'clock, I went up to see how she was; I found her in bed; I asked her how she was; she then told me, she was very poorly indeed, and was very sorry she was obliged to go to bed, to leave me in such trouble as I was in then; I asked her if she was well enough just to get up to hold my child, and she said, no, she could not; I asked her then, if I could do any thing for her; she said, no, she was very much obliged to me; I asked her then, if I should send for a doctor; she said, no; I asked her if she would like a drop of any thing mixed with a drop of water; she said, no; I prevailed upon her to take a drop of rum; when she had taken it, she seemed very much in pain; I asked her again, if I had not better send for a doctor, she said, no; I then lost her; I had staid with her, I suppose, about ten minutes.

Q. Did you communicate any suspicion to her at that time? - A. Yes; I told her, I could not think that those pains could be occasioned by a complaint in the bowels; I told her, I thought they were labour pains; I had had one child myself; she then almost scolded me, and asked me how I could take such a thing in my head, as to suppose she was with child; then I told her, if it was really so, to own the truth, and I would do every thing in my power for her; she then scolded me, and seemed to be quite angry that I should think such a thing of her; I staid with her about ten minutes or a quarter of an hour, and then I left her; before I went to bed, between twelve and one o'clock, I went up again; I told her then, that her master desired I would send for a doctor, to know what was the matter with her; she turned round in the bed, and told me she was as well as ever she was in her life; I told her, I rather thought she was in labour; she said, no, she was as well as ever she was in her life, and thanked me for the rum I had given her; I staid with her about the same time then; the next morning, between eight and nine o'clock, I saw her again; I went into her room, and observed that she was in bed, and that the bed was tumbled very much; I asked her how she did, she said, she was a great deal better, and should be well in two or three days; she complained of being very dry; I asked her if she could wait till I made breakfast, and I would send her up a bason of tea; she said, no, she really could not wait till then, she was so dry; I went and made her a little milk and water; I thought that would not do her any harm, I took it up to her; when she took the bason out of my hand, I observed her hand was bloody, her left arm was underneath the cloaths; I asked her what she had been doing; I asked her if she had not miscarried; I told her I was sure she had; she said, I was very stupid, it was not the first time I had taken such a thing in my head; I told her then, she had either miscarried, or delivered herself; but I did not think she had delivered herself, because I thought she could not have done it; she asked me then, if I could be so kind to lend her some clean linen; I said, yes, I would go down and get her what I could get at, for all my linen was packet up; I waited till I warmed it, and then carried it up to her; when I came into the room again, I heard a kind of a strangling noise, it seemed as if it was in the bed; then I went and warmed her a little jacket to put on; I returned again, and heard a noise, seemingly as if it laid on the floor.

Court. Q. Was the noise of the same sort you had heard before? - A. Yes, only more distinct; I asked her if she had not better lie in bed; she said no, she would get up; I asked her what noise that was, but she would not seem to give me any hearing at all; I laced her stays, and she got out of bed; I asked her to move a little on one side; I wanted to see what was making a noise in the corner of the room; she begged me not to trouble myself, but to go down and get my breakfast; I told her I would not leave the room, till I saw what was in the corner; she still begged me to go down stairs to breakfast, and she would clear it away herself; I desired her to move on one side, that I might move the bedstead a little from the wall, that I might get to see what it was; the bed was very near close against the wall; when she found I was going round the foot of the bedstead, she jumped over the bed, and stood before the dirty things in the corner; she would not let me pass to see what was there; I asked her to let me pass her, she said, no, she would take the things away herself; she packed them up altogether, and held them in her hand; she then gave them to me, and then I felt the warmth of a child through an apron; I laid the bundle on the floor; I opened the bundle, and in it was a child; it was a coloured apron, and a little bit of the coloured apron was in the child's mouth.

Q. In that situation had it any opportunity of breathing, was any part left open for breathing? - A. No, it was completely covered; I took it out

of the apron, and put it in her own under coat for warmth; I saw that the child bled very much at the nose and mouth; I ran to the door and screamed for help, the boy came to my assistance; I desired him to go for Mr. Whitfield, a medical gentleman, in Beaufort-buildings; I asked her how she could be so cruel as to kill the child; she said, she did not know she was with child; I asked her why she did not tell me, if she had not any thing of her own for the child, I had plenty of things that I would have lent her; I told her, she certainly had killed her child; she said, no, she never hurt a child in her life; I told her she certainly had; I said, if you had told me of it over night, this child would have been alive.

Q. The child was still living? - A. Yes; I thought it was dying, which it certainly was; she said had she ever ill used my child; I said, no, she always behaved very well, and she said she was very sorry she had used her own so; the child lived till about ten o'clock in the morning; I observed a seratch in the throat; I said, do take the child, for she never shall see it any more.

Cross-examined by Mr. Knapp. Q. The prisoner always did endeavour to prevent your knowledge of that which you afterwards found out? - A. She did.

Q. You have had one child yourself? - A. Yes; only one.

Q. Then you are not much acquainted, of course, with cases of this sort? - A. No, I am not.

Q. You mentioned the scratch in the throat-in the labour pains, might not that have happened? - A. It might.

Q. Was she not about to leave your service within two or three days before this? - A. She was; the Friday before she had applied to me to quit my service.

Q. Was it upon your desire, and your endeavouring to make her stay, that she did stay? - A. Yes, I did, till I got another servant.

Q. When did this happen? - A. On the Wednesday.

Q. You had observed several times appearances that led you to suspect she was with child? - A. Yes.

Q. And on the Friday you prevailed upon her, though she was to have left your service, to stay longer? - A. Yes.

Q. With respect to your child, her conduct was proper? - A. She seemed to be very fond of it, I assure you.

Q. Did you know that she had a sister? - A. She told me that she came from her sister's, or sister-in-law, at Fulham.

Q. Have you understood since that clothes of every description were provided by her sister at Fulham? - A. The sister brought me some few things to shew me.

ROBERT WHITFIELD sworn. - Examined by Mr. Knowlys. I am a surgeon in Beausort-buildings, in the Strand: I was sent for to Mr. Random's; I went, and found a young child very saint and almost exhausted.

Q. From what circumstance did it appear to be so exhausted? - A. At first the cause did not strike me, but I judged it might be from cold; I called for a bason of warm water; warm water was immediately brought me, and I dipped the child in it up to the chin; as soon as I raised the child from the floor, I perceived blood to come from the nose and the mouth, in considerable quantities; Mrs. Random asked me if I thought the child would live; I told Mrs. Random, no, I thought it would not; I thought the child was dying from loss of blood; it was not dead, but breathing very saint; I took the child out of the water, and gave it to Mrs. Random, saying it was of no use to use any efforts to recover it, for it was exhausted, and dying very fast indeed, from loss of blood; it died in a very short time after.

Q. Did you open the child, to see what injury had been done to it? - A. I did not perceive the injury at that time; the Coroner's inquest fat on the 29th, the next day but one; I then opened the cheeks of the child, and discovered a wound in the tongue.

Q. With an instrument? - A. Yes, with a dissecting knife.

Q. On what part of the tongue did this injury appear to have been inflicted? - A. On the left side of the upper part of the tongue, far back in the tongue; it appeared to me to have been done at several times with some instrument that was not very sharp.

Court. Q. By that do you mean that it was notched? - A. Yes, notched.

Mr. Knowlys. Q. Did you observe whether the child had been separated from the after-birth? - A. It was not.

Court. Q. Not at all? - A. No.

Mr. Knowlys. Q. Had any means been taken to cut the navel-string? - A. None; I did afterwards.

Q. As you saw this injury to the tongue, to what did you impute the death of this child? - A. I cannot say that the child died from loss of blood occasioned by the wound, unless it could be afcertained how long it had been bleeding.

Q. Supposing the injury had been given at the time that you were sent for, could it have so exhausted the child? - A. No, certainly not; there was a considerable extravasation of blood under the chin besides, about the throat.

Q. What, in your opinion, was the cause that gave rise to that extravasation? - A. Some violent pressing upon the throat.

Q. From what you observed, is it your opinion that the child died a natural death, or by violence? - A. By loss of blood.

Q.Was that loss of blood occasioned by violence? - A. Certainly; but this I must observe, that possibly in the rude manner of her delivering herself, it is possible she might have grasped the child in the throat.

Q.Would any natural manner of delivery have occasioned that injury to the tongue? - A. She had a laborious labour, no doubt of it, from the appearance of the child.

Q. But could that injury upon the tongue have proceeded from that grasp? - A. No, it could not.

Q. Do you then, from every observation you have had the opportunity of making, conclude that the child died by a natural or a violent death? - A. A violent death.

Cross-examined by Mr. Knapp. Q. The woman appeared to have had a very difficult time? - A. Yes; a long labour.

Q. Have you been in the profession a considerable time? - A. Yes.

Q. And attended a great many labours? - A. Yes; for fourteen years.

Q. You can tell me whether a hemorrhage is not usual where no violence has been practised? - A. Not from the child, from the mother it is very frequent.

Q. And the blood from the mother may be upon the child? - A.Certainly.

Q. You have perhaps attended deliveries of the same unfortunate nature with the present, of a person attempting to deliver herself? - A.Certainly.

Q. Do you think spirits given to a woman under these circumstances will increase the pains of labour? - A. It would rather retard the labour.

Q. Of course then, when the labour did come on, it would be stronger? - A. Certainly.

Q. As the labour is stronger, so in proportion the agonies of the woman will increase? - A. Certainly.

Q. A woman in labour, I think you say, may grasp the child? - A.Certainly.

Q. A Woman in strong labour is not always possessed of her faculties of reason? - A. Not always.

Q. A Woman under those circumstances may have grasped her child unintentionally, and her finger may have got into the mouth, and occasioned a wound by her nail? - A. No, I think not.

Court. Q. Do you think, if the woman had a strong nail, it might not have happened? - A. From the direction in which the child was born, from the appearance of the child's head, it was impossible; I am certain that the back part of the head must have been at the front of the mother.

Court. Q. Is it possible that you can ascertain that, without being present at the time? - A. Yes, I am positive of it; from the appearance, the finger might have got into the mouth, but the child must have been nearly born in that direction.

Court. Q. A child, I presume, alters its posture as it comes from the body of the mother; does it not struggle to extricate itself? - A. No; the child till after it is born, has no motion whatever; the head turns round after it is completely expelled; sometimes the shoulders will stick in the womb of the mother, and in pulling the child, she might have grasped it in the neck.

Court. Q. You see in the rude manner in which they attempt to deliver themselves, their object is to get rid of the child as quick as possible, and in any manner? - A.Certainly; I consider that.

Mr. Knapp. Q.When the head is born, would it not have been natural for the mother, delivering herself in that rude manner, to grasp the throat? - A. Certainly.

Q. But suppose, instead of grasping the throat, she had, with a strong nail, put her finger in the mouth? - A. Then she would have wounded the palate, and not the tongue.

Q. Can you venture to swear positively that the finger being introduced in the way in which I have stated, might not, in the way in which this woman was delivered, have touched the tongue, as well as the palate? - A. It might, but not like this.

Q. Might it not have produced a wound from which the blood might slow? - A. It might, but not like this.

Q. I believe the most learned persons who have wrote upon this subject, have always found great difficulty in ascertaining the cause of death in newborn children? - A. Yes.

Q. And at this advanced period, so many writers as there have been upon the subject, it has not yet been ascertained? - A. I know of none.

Q. In the course of your prosession, you have been led to read books upon the subject? - A. Yes.

Q. It may have happened to you to have read some thoughts submitted to the public, by one of the most skilful men, perhaps, that ever wrote, Dr. Hunter? - A. I have.

Q. I take it the difficulties you entertain yourself, are not removed by Dr. Hunter's work? - A. Dr. Hunter's work respects respiration in still-born children.

Q. Have you read the work published by him in 1782? - A. I believe I have.

Q. Is there any thing certain by which you can come to a conclusion how the child died, or by what means? - A. I said before, that it died from loss of blood; I said that before I saw the tongue; but the subject upon which Dr. Hunter writes, is whether a child had breathed or not.

Court. Q. What kind of laceration of the tongue

was this? - A. It was about an inch and a half in length, across the tongue, and a quarter of an inch in depth.

Court. Q. Having seen this wound, and supposing it to be done by some instrument, not sharp, was any such instrument found? - A. There were three knives and a pair of scissars brought before the Coroner's Jury, but none of them appeared to be stained with blood; the beadle, I believe, brought them.

Court. Q. Did you observe more than one wound? - A. Only one, in the tongue, which appeared to have been done at several times; it was cut deeper in some parts than in others.

Court. Q. Can you distinguish between that which is done by tearing or scratching, and that which is done with an instrument? - A. Yes; because the skin of the tongue was driven into the wound.

BRYAN CROWTHER sworn. - Examined by Mr. Knowlys. I am a surgeon in Boswell-court: On the morning of the delivery of the prisoner, I was sent for by some of the parish-officers, to Mr. Random's house, about three hours after Mr. Whitfield had been there; I examined the child, but found no marks of violence upon the child; it lay in the window-seat; I therefore thought it my duty to enquire whether the child had breathed; I was informed that it had lived some time after Mr. Whitfield first came; I afterwards attended the Coroner's Inquest, and observed the injury; the wound was across the tongue, and seemed to have been done at more times than one, by its irregular depth, and its figure; it appeared to have been done by a blunt instrument of some kind or other; the Coroner hearing this, asked me if I would go with the beadle to the lying-in ward at the work-house, and get her pockets, her trunk, and indeed her bed; I went to the prisoner's bed, and asked her whether she was aware that the child had bled at the nose and mouth, not intimating to her that we had discovered the wound in the tongue; she said, she did not know; and with great presence, and perfect tranquillity of mind, she surrendered up her things, suffered the bed to be examined, and her box opened; we found some articles of clothing, with some instruments which had no marks of blood upon them; (produces three knives, and a pair of scissars;) they were found in the box, I am pretty clear; it was either the box or the pocket, but I believe the box.

Q. When was this? - A. A day or two after the delivery; the Coroner's Inquest were then waiting for them.

Q. Would the effusion of blood have caused the death? - A. The vessels would have retracted after they had shed a certain quantity of blood.

Q. To what then do you ascribe the cause of the child's death? - A. Not to intentional violent causes; I should think it very possible, though I practise surgery only, and am not qualified to give a decided answer, but I should suppose it did arise from violence, though not from intentional violence; the child's head had suffered very much by compression in the birth; when I saw the child it was dead, and there was no appearance of blood about it.

Jury. Q. Was the wound on the under or upper part of the tongue? - A. It was on the upper surface of the tongue.

HENRY ROUGH sworn. - I live in Stanhope-street, Clare-market; I am apothecary to the overseers of St. Clement Danes: I saw the child the same morning that it died, and I saw it before the Coroner.

Q. Did you apprehend that the injury of the tongue could cause the loss of life? - A. I am not competent to answer that question; but I conceive it was a wound which had arisen from the application of the nails in extreme labour, which no doubt a paroxysm, or derangement of the faculties, might have rendered her incapable of knowing what she did, for the wound was an irregular one; I am no man-midwife, but the circumstance struck me very forcibly at the time of the Coroner's Inquest.

Court. Q. Were the other two medical gentlemen present? - A. Yes.

Mr. Knowlys. Q. Are you still of the same opinion, after having seen the child, and heard the opinions of others? - A. I am of opinion it was done from the difficulty of the labour, and the nails; I examined her nails the following day, and found them remarkably long and sharp.

The prisoner did not say any thing in her defence.

Court. (To Mr. Crowther.) Q. Might not a compression upon the back part of the skull force out the tongue? - A.Certainly; and a compression on the neck would do that.

For the Prisoner.

SARAH TARLING sworn. - Examined by Mr. Knapp. I am the sister of the prisoner.

Q. Did you know your sister was with child? - I suspected it.

Q. Have you brought any clothes here? - A. A person at the door has, John Wilcox; she had left several odd things, baby's things, with me; my husband called upon her the Sunday before this happened for them.

Q. Did you know that your sister was about to leave Mrs. Random? - A. Yes, she told me so; she was to have left her the week before.

HENRY TARLING sworn. - Examined by Mr. Knapp. I am the husband of the last witness: On the Sunday before this circumstance happened, I called upon my sister, and took a bundle home to

my wife; I did not know what the bundle contained, I gave it to my wife.

Mrs. Tarling. This is the bundle I received from my husband. (Producing it).

Tarling. This is the same bundle.

Mrs. Tarling. It contains baby linen.

Court. (To Mrs. Random.) Q.Where was the prisoner's box? - A. In the room where she slept.

Q. Did you examine the room afterwards? - A. No, I did not, I could not bear the room.

Q. There was no instrument in the bundle which you opened? - A. No.

Q. Nor you did not observe any about the room? - A. I did not.

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

NOT GUILTY .

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t18000115-21

91. ANN PERRY was indicted for the wilful murder of her female bastard child .

She was charged with the like murder upon the Coroner's inquisition.(The indictment was stated by Mr. Alley, and the case by Mr. Const.)

JOHN DUNBAR sworn. - Examined by Mr. Alley. On Thursday the 12th of December, between five and six o'clock in the evening, I received some directions from Mr. Nathaniel Dunbar , in consequence of which, I went to the house of a Mr. Fisher, in Virginia-street .

Q. Do you know the prisoner at the bar? - A. She lived there, I found her there; I asked her whether she had been ill; she said she had been indisposed with a cold, not very ill; I said, I believed she was about to undergo a very minute investigation with respect to making away with a child that she had been delivered of; she denied it, and said she had not been delivered of a child, and went very freely with me to Mr. Dunbar; I waited there, by the order of the church-wardens, to know what was the opinion of Mr. Judson, the surgeon, who was there; the girl was sent home to her mistress, and I was sent, by order of the church-wardens, to wait to know the opinion of another gentleman, Mr. Pearson; and after Mr. Judson and Mr. Pearson were satisfied of her situation, I was ordered to take her to the work-house; I asked her if she knew the situation she was in; I told her both these gentlemen are of opinion you have been delivered of a child, did you tell them so; she said, no, she had not told them; I asked her if she had not been delivered; she said, yes, she had, in her mistress's parlour, the Tuesday before, this was on Thursday the 12th; I asked her if any person was with her; she said, no, it was born dead; I said, how do you know it was born dead; she said she held it some time, and it was dead; I asked her if it was male or female; she said it was a little girl; I asked her where she had put it, if she had wrapped it up in any thing; she said, no, I took her to the work-house; the privy was searched for a matter of two hours, but we could find nothing that night; the next day, Friday, it was searched again, and I saw a female child taken out.

Court. If you make use of this confession you must take it altogether, unless you can contradict it.

Mr. Const. We certainly cannot contradict it.

Mr. JUDSON sworn. - Examined by Mr. Const. I am a surgeon, in the parish of St. George: I was called in to examine the prisoner on the 12th of December; I afterwards examined the child.

Q. Can you say, from any appearance of the body, whether the child was born alive or not? - A. I cannot.

NOT GUILTY .

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

Reference Number: t18000115-22

92. JAMES CARREN was indicted for feloniously stealing, on the 1st of January , a wooden case, value 2d. thirty flasks, value 30d. and two gallons and two quarts of oil, value 1l. 10s. the property of George-Allen Aylwin , and Thomas Chapman .

GEORGE-ALLEN AYLWIN sworn. - I am in partnership with Thomas Chapman , we are oil-coopers : On the 1st of January, in the afternoon, I went out, and on my return home the prisoner was in the yard, he had been employed by some carpenters to do something there, and a quantity of oil by the side of him, which I was informed, in the presence of the prisoner, he had taken from my premises; he said he had been employed by a man with a white apron on, to carry it to the Gun-tap.

MARY BENNETT sworn. - I am servant to Mr. Aylwin, in Thames-street : I had been out about four o'clock, on New-year's-day, and as I was coming home, I met the prisoner coming out with a chest of oil upon his shoulder, he was half in and half out at the door; I asked him if he had orders to take it away; and he said he had; I told the warehouse-man of it as soon as I went in; the prisoner is the man; the oil was in flasks, in a wooden case; they were kept in a little house just by the door.

JOSEPH BRANDIT sworn. - I am warehouse-man to Messrs. Aylwin and Chapman: I received some information from the last witness; I went after the prisoner, and met him between the two warehouses belonging to Mr. Aylwin, with a large stone upon

his shoulders; I asked him what he had done with the half chest of oil; he said, a man with a white apron on asked him if he was at work at the warehouses, and he said he was; and he told him to carry it to the corner of Billingsgate; he said the person that gave it to him took it from him there, and went into the Gun-tap; I then asked him if he would go and shew me where the half-chest was; he said he did not know, but he believed he could; he went with me to the Gun-tap, and it was there, in the bar; I then asked him to take it back to the warehouse; I said to the person at the bar that it was stolen property, and they made me no answer.

Q. Do you know the prisoner at all? - A. I think I have seen him on the Quays, but he never worked for us in the warehouse; he was employed by the carpenters for the purpose of carrying these stones; he had to pass by the door of the place where the oil was, but he had no business in there; I had seen twenty-five half-chests put in the day before; they were marked with the letter X, the same as an hour-glass.

Prisoner. Q. Did not somebody say to you, when you were taking away the chest from the Gun-tap, what are you going to do with that chest? - A. Yes, but I do not know who it was; there were, I dare say, fifty people in the tap-room; I afterwards went to the Gun-tap again, but there were not above five or six people there, and I could not hear any account of it; I delivered the chest to the constable, and he has had it ever since.

JOHN HARRIS sworn. - I am a constable. (Produces the chest which was deposed to by the prosecutor.)

Prisoner's defence. A man employed me to carry it, and when I got to the Gun-tap, he said, I will take it now, and desired me to go and fetch another, and I went and waited, but I saw no more of him.

GUILTY . (Aged 57.)

Confined six months in Newgate , and publicly whipped .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t18000115-23

93. JOHN JACOBS was indicted for feloniously stealing, on the 6th of December , a barrel, value 4d. and one hundred weight of raisins, value 30s. the property of George-Allen Aylwin and Thomas Chapman .

GEORGE-ALLEN AYLWIN sworn. - On the 6th of December last, I was returning from Change, and met the prisoner near the Coal Exchange , which is the second building from my premises, with a package upon his back, of the appearance of a barrel of raisins, it was nearly dusk then; I stepped back to the next house from the Coal Exchange, which was a grocer's-shop, the prisoner was going in a direction from my house; I noticed, from the light in the grocer's-shop, the mark on the head of the barrel, the same as some that I had under my care; I asked the prisoner where he was going with it; he told me up a passage; I told him he had mistaken the passage, he must step back and take it up another passage; he asked me what business I had with him; he said he certainly should not attend to me, and shoved himself against me; I took him by the collar, and told him I should insist on his going back to the place that he had taken the barrel from; he objected to go, and threw the barrel down; I insisted upon his going back, and I got him back, and I called for some of our people, who went for a constable; he said that he had been employed to carry it up the next hill for sixpence, meaning St. Mary-Hill; I know it to be mine from the mark C B L; it contained Alexia raisins.

Cross-examined by Mr. Knapp. Q. I take it you have told us the whole of your story? - A. I may have omitted some trifling thing.

Q. Did he not point to a person who, he told you, had employed him? - A. No such thing.

Q. What does C B L mean? - A. It is the mark of a foreign fruit that I have.

Q. What do you call yourself? - A. A warehouse-man .

Q.There are many other warehouse-men in London? - A. Yes.

Q. And they might have some of the same kind? - A. No; it is impossible and improbable; all the fruit that has arrived in this country has been under my care; and I am confident there is none of it in the hands of any other person; all the fruit that comes to London I take an account of, as cooper to the fruit-trade.

Jury. Q. Did you part with any of these barrels? - A. No, it was not sold.

Mr. Knapp. Q. Do you mean to say that all the foreign fruit that has arrived in this country, came to your warehouses? - A. No.

Q. Do you mean to swear that no other person in the trade has received this season any fruit with that mark? - A. I do.

Q. When did this barrel of fruit arrive in this country? - A. A very short time ago.

Q. Do you take an account of fruit that arrives at Liverpool or Bristol? - A. No.

Q. Then might not fruit that arrives there find its way to London? - A. It is not at all likely, because at Liverpool they received their fruit much later than we did.

JOSEPH BRANDIT sworn. - On the 6th of December, about half past four o'clock, I was weighing off some butts, I thought I heard my name called; I went towards the door, and there was Mr. Aylwin, with the prisoner in custody in the

passage; Mr. Aylwin said, there is a barrel of raisins coming behind; go and see where it is; I went out, and there was a man bringing it in upon his back; the man was taking it into the yard, and Mr. Aylwin ordered me to go and call a constable; I went after a constable, and was, I suppose, ten minutes before I found one; he said he was employed by a porter to carry it up St. Mary Hill, and put it on a post; and he was to have sixpence to carry it; he said the person was very genteelly dressed, and it was lifted up upon his shoulders by two carmen, at our passage door; Mr. Aylwin desired me to go and see if I could miss the barrel; and I went, and missed the barrel directly; there had been two barrels in the passage in the course of the day, but one of them had been removed in the morning; it was marked C B, I did not see the L till it was brought into the yard, after the prisoner; it contained Alexia raisins; there were two parcels came by the same ship, one parcel marked C B, and the other C B L; the barrel was delivered to the constable.

Cross-examined by Mr. Knapp. Q. He said he had been hired by a porter to carry it up the hill, and he was to have sixpence for it? - A. He said he had got the sixpence first.

Thomas Tapnell , the constable, produced the barrel, which was deposed to by the prosecutor.

Prisoner's defence. I have a wife and three small children, and my wife about to lie-in with another; I work very hard for my family, as a porter ; and as I was coming through Thames-street, a person asked me to carry this barrel up the next hill, and he would give me sixpence; I never was before a magistrate in my life till now.

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

GUILTY (Aged 27.)

Confined twelve months in Newgate , and whipped in the jail .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t18000115-24

94. WILLIAM BIRBECK , alias WILLIAM BIRBECK BRANSTON was indicted for feloniously stealing, on the 8th of January , twenty-four gold rings, value 6l. the property of George Smith and Thomas Hayter , privately in their shop .(The case was opened by Mr. Knowlys.)

THOMAS HAYTER sworn. - Examined by Mr. Knowlys. I am in partnership with George Smith ; we keep a shop in Huggin-lane, in the parish of St. Michael, Wood-street : I have known the prisoner about a year and a half; he has been in the habit of coming to our shop once or twice a week during the whole of that time; on Wednesday, the 8th of January, about a quarter after three, he came in; I had missed a great number of rings, and I had for several days numbered the rings; on the Wednesday, particularly, I numbered and weighed the rings about an hour before he came; there were two hundred plain hoop gold rings, and ten with posies; I weighed them, with the box which contained them, they weighed thirteen ounces and one pennyweight exactly; I put a mark upon each of the two hundred and ten, of a little cross, and upon some of the posies I put two crosses, and they were never out of my possession from the time I marked them till the prisoner came in; when he came into the shop he asked for the punch-ladles; we had two making for him; we were then indebted to him fourteen shillings; the punch-ladle came to ten shillings, and he had brought me twenty-four shillings, in penny-pieces; he then took a metal ring out of his pocket, and said he wanted a gold ring, one size less; I then unlocked the drawer, having the key in my pocket, and took out the box of rings; I then emptied the box upon a quire, or part of a quire of whited-brown paper, upon the counter before him; after we had both looked over them some few moments, the prisoner said he would take two of any sort, and if a few shillings then remained due to him, he would leave it till the next day, as he was then much in haste; after fixing upon two, which came to eleven shillings, I put the rings which were left upon the whited-brown paper into the box, and he seemed to be in very great haste to get away; I endeavoured to divert him about engraving the punch-ladles, for the purpose of gaining time to put the box in the scale, which I had ready hung up, with the original weight of the rings and box in one of the scales; I could not prevail upon him to stay while we engraved cyphers upon the two punch-ladles, but I prevailed on him to sit down while we were to engrave plain Roman letters upon them, which I stated would be two or three minutes; during this conversation I removed the whited-brown paper to its original place, and saw that the counter was perfectly clear; when the prisoner had sat down, I told our shopman, Jennings, to take the punch-ladles to be engraved; during the short space of time that the shopman was going round to the street-door, I slipped the box into the scale with the rings in it, and finding a great deficiency in the weight, I called to our shopman, and told him to stop and take the spoons up stairs, which was a private signal agreed between us for the shopman to fetch in the constable and two other men who were in waiting in the back premises.

Q. As you found a deficiency in point of weight in the box, at the time the rings were before him, did you perceive him take any thing? - A. I did

not; I used my utmost endeavour to detect him, and kept my eyes fixed upon him the whole time, and could not perceive that he took one; the constable and two young men immediately came in; the constable was told to search that man, meaning the prisoner; he searched his waistcoat pockets, but I did not think he had searched them sufficiently, for I suspected that if the prisoner had taken the rings, they must have been in his waistcoat pocket, for he was certainly shifting his hands in and out of his waistcoat pocket; he searched his waistcoat pocket a second time, for I was not yet satisfied; and the constable observed that he drew his right hand out of his waistcoat pocket clenched; the prisoner then seemed inclined to make some resistance, upon which I rung our back shop-bell for assistance; several men then came in, and at last the prisoner's hand was opened, I then saw the rings turned out of his hand on the whited-brown paper, which I placed to receive them; there were twenty-four of them, all gold rings; the constable has them; they were sealed up in my presence with my seal.

Q. Did he say any thing at that time? - A. He said a great deal, but I cannot recollect what.

Q. Were the rings afterwards weighed and counted? - A. They were, in my presence.

Q.Where were the two rings that he had bought? - A. They were wrapped up in a piece of paper, either on the shew-glass or on the counter, I cannot say which.

Q. Did the weight of the rings taken from him, together with those that were sold, and those which remained, constitute the original weight before he came to the shop? - A.Exactly, in weight and number; there were one hundred and eighty-four rings left in the box, the two that he had bought, and twenty-four that were taken from him, made up two hundred and ten; I examined two of the rings that were taken from him, I found upon them the marks which I had put upon them.

Q. What was the value of those twenty-four rings? - A. Six pounds: then he was secured and taken to the Compter; the next day I examined the other twenty-two rings, and they all had my mark.

Cross-examined by Mr. Knapp. Q.Is Mr. George Smith your only partner? - A. Yes.

Q. Have you not a sleeping partner, Mr. Thomas Smith ? - A. No, I have not.

Q. You had entertained suspicions of him before? - A. Yes.

Q. His conduct on that day heightened your suspicions? - A. No, it did not.

Q. Not when he was shifting his hands backwards and forwards in his waistcoat? - A. It was his usual way; he had actually robbed me on the Saturday before, which led me to watch him.

Q. Who were the persons in the shop during the time he was in the shop? - A.Myself, George Smith , and Henry Jones .

Q. You have a porter, have you not? - A. No, we have no other male servant.

Q. You had no customers during that time? - A. No.

HENRY- THOMAS JENNINGS sworn. - Examined by Mr. Knowlys. I am in the service of Hayter and Smith: I was in the shop during the time the prisoner was there.

Q. Did you perceive him take any thing? - A. No, I did not. In consequence of a private signal I went for a constable; I saw the rings taken out of the prisoner's hand; there were twenty-four of them.

Cross-examined by Mr. Alley. Q. Your master suspected this man, and therefore you and your master had contrived a plan for the purpose of detecting him? - A. I had a private signal, in case my master suspected that he had robbed him, to fetch a constable.

GEORGE SMITH sworn. - Examined by Mr. Knowlys. I am the partner of Mr. Hayter.

Q. While the prisoner was in the shop did you perceive him take any thing? - A. Nothing at all.

ROBERT NEWMAN sworn. - Examined by Mr. Knowlys. I am a constable: I was sent for to Messrs. Smith and Hayter's, to apprehend the prisoner, on Wednesday, the 8th of this month; I was ordered to search him, which I did; I found two gold rings about him which he had purchased; I observed his right hand clenched very tight; I could not open his hand till I got several of Mr. Smith's men to help me, he was too stout for me, I could not do it myself; we then turned twenty-four rings out of his hand on to some whited-brown paper upon the counter; I have had them ever since. (Produces them.)

Mr. Hayter. These are all gold rings; there are twenty-four of them; all of them had the hallmark, and my private mark upon them; I am certain they are mine.

Prisoner's defence. I am quite innocent of any thing of the kind.

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

GUILTY .

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t18000115-25

95. ELIZABETH ROBERTS was indicted for feloniously stealing, on the 1st of November , a table-cloth, value 2s. a pair of stockings, value

2s. a napkin, value 1s. a damask table-cloth, value 9s. a silk handkerchief, value 21s. and a pillow-case, value 1s. the property of Thomas Malton .(The case was opened by Mr. Vaillant.)

MARY MALTON sworn. - Examined by Mr. Vaillant. I am the wife of Thomas Malton , the prisoner was my servant ; I hired her in January last, and she was discharged about ten days before Christmas; I live in Long-acre ; I missed a great number of articles, but had so good an opinion of the prisoner, that I had not the least suspicion of her; the children came home from school at Christmas, and they asked me for some new silver that had been given them the Christmas before; I looked into the drawers, and found them in disorder; I was then alarmed, I immediately looked over my table linen, I missed a large damask tablecloth, a pair of Mr. Bell's stockings, and a silk handkerchief; in consequence of something which passed, I got a search warrant upon the 23d of December; she was lodging at No. 10, Poole's-buildings, Mount-pleasant; I went there with the officer; the prisoner was not at home, she came in before the search was over; the officer broke open her box; when she came in we were looking over the box, we found in it a small napkin, a pair of stockings, and a duplicate of a table-cloth, pawned for fifteen shillings; and I said, Betty, I am sorry to find these stockings here, for the last words you said to me, were, that you hoped I should find them; she said, they were not mine, and she was taken into custody. (Part of the property produced, and deposed to by the prosecutor.)

JOHN PAUL sworn. - Examined by Mr. Vaillant. I am a pawnbroker; (produces a damask table-cloth and a silk handkerchief:) I believe I took them in of the prisoner, but I have not the least recollection of her; I lent her fifteen shillings upon them, in the name of Mrs. Roberts.

Mr. Knapp. (To Mrs. Malton.) Q. You have other servants in the house? - A. Yes.

Q. You took this servant with a character? - A. Yes.

Q. Do you recollect the circumstance of her having found a Bank-note in the house, and produced it to you? - A. No.

Q. Nor a banker's check? - A. No.

SARAH PAUL sworn. - Examined by Mr. Vaillant. The prisoner at the bar was with me to save her rent and firing; neither me nor the prisoner were at home when the officer came; they had just done searching when I came in.

Q.Whose box was it that they opened? - A. Her own box; I found a pillow under the bed in which she laid, and carried it to Mrs. Malton; it was not mine, and therefore I supposed it was her's; I have a child of the prisoner's.

Q.(To Paul.) Was there any money left for the purpose of redeeming the things? - A.There was money left to induce me to give up the things, in case Mr. Malton should not prosecute.

Mr. Vaillant. Q. That was after she was in custody? - A. Yes.

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

GUILTY (Aged 30.)

Transported for seven years .

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t18000115-26

96. GEORGE VENABLES was indicted for feloniously stealing, on the 18th of December , a cask, value 3s. and five gallons of gin, value 35s. the property of John Knowles .

SARAH COLEMAN sworn. - I keep a house just by Mr. Knowlys's, a wine and brandy merchant , the corner of Turk's-head-court : On the 18th of December, I saw the prisoner coming down Golden-lane, with another companion; they stopped at Mr. Knowles's corner, and made water; then I saw his companion go into Mr. Knowles's, and bring out a keg that is here; he went to the length of the window, and then the prisoner, who was standing there, waiting for the other, took it from him upon his own shoulder, the other made motions to the prisoner all the time; he walked away, and I went to Mr. Knowles's, and told them of it, and the prisoner threw down the keg and ran away, they pursued him, and he was taken.

ROBERT WICKHAM sworn. - I am carman to Mr. Knowles: I received information from the last witness; I perceived the prisoner running down the lane; I pursued, he threw the keg down land ran about 100 yards before; I overtook him, there is Mr. Knowles's name burnt on the cask, I know it to be his property.

Prisoner's defence. I had been into the Whitehart to have a pint of two-penny, and when I came out, this man told me he would give me sixpence to carry it to Barbican.

GUILTY (Aged 22.)

Transported for seven years .

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

Reference Number: t18000115-27

97. ROBERT JONES was indicted for feloniously receiving, on the 14th of December , nine bushels of grains, value 7s. the property of Timothy Donovan , knowing them to have been stolen .

The principal having been acquitted, the prisoner was of course ACQUITTED .

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

Reference Number: t18000115-28

98. HENRY HART SIMPSON was indicted for feloniously stealing, on the 23d of December , five bound books, called Burrow's Reports, value 15s. and three bound books, called Brown's Reports, in Chancery, value 13s. 6d. the property of the Hon. Spencer Percival .(The case was opened by Mr. Knowlys.)

ANN KENT sworn. - Examined by Mr. Knowlys. I was cleaning out Mr. Percival's chambers, in Lincoln's-inn , on a Monday, a little before five o'clock; Mr. Percival was out; the prisoner came and asked me if there were two great coats there for him to take to Mr. Gibbs's-house; Mr. Gibbs is an acquaintance of Mr. Percival's; then he asked me for some books, he came into the room, and said, these were the books; I told him he had better go to Mr. Percival's house; he said, he did not know what to do, he ought to have been there before five o'clock; then he went away, and took the books with him; I saw him again at Bow-street, the Thursday after; I knew him to be the person who had taken away the books.

Court. Q. Was this man a stranger to you? - A. Yes; but I am sure he is the man.

WILLIAM LEATHERBOURG sworn. - Examined by Mr. Knowlys. I am servant to Mr. Nunn, bookseller, in Queen-street, Lincoln's-inn-fields; I know the prisoner perfectly; I have seen him before; he came to my master's house, as near as I can guess, about a quarter before five, on the Monday before Christmas-day, he brought a boy with him, with some books, and asked Mr. Nunn if he would purchase them, and he said, no; I recollected his person then; he had some time before brought Mr. Marryat's books; I told Mr. Nunn that was the man that had brought Mr. Marryat's books, and said, I would go and take him; I followed him down Wild-street, into a bookseller's shop, where I took him; I told him they were not his property; he said, they were, he had bought them; I sent my master's son, who came down Wild-street with me to Bow-street, for an officer.

Q.Where were the books when you stopped him in this shop? - A. Upon the counter, close by him; the officer came and took him to Bow-street, and I took the books, which were delivered to the constable, at Bow-street.

JOHN SMITH sworn. - I am one of the persons belonging to Bow-street: On Monday the 23d of December, between five and six o'clock, I was fetched to take charge of this man, for stealing some books; he told me the books were his, that he gave twenty-five shillings for them; I then secured him, and took him to Bow-street; I have had them ever since. (Produces them.)

HON. SPENCER PERCIVAL sworn. - Examined by Mr. Knowlys. I lost all these books, and this one I can speak positively to, because there is a great deal of my own hand-writing in it; it is the second volume of Burrow; the first witness is my laundress's daughter; there are five volumes of Burrow, and three of Brown's Reports in Chancery.

Prisoner. I have nothing at all to say.

GUILTY .

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

[Transportation. See summary.]

Reference Number: t18000115-29

99. HENRY-HART SIMPSON was again indicted for feloniously stealing, on the 31st of September , three bound books, called Raymond's Reports, value 21s. and one bound book, called Ambler's Reports, value 7s. the property of Samuel Marryat , Esq .

The case was opened by Mr. Knowlys.

CATHERINE LEE sworn. - Examined by Mr. Knowlys. I had the care of Mr. Marryat's chambers; about three months ago, the prisoner came to the chambers, between five and six o'clock, for a great coat; he came in, and said, Mr. Holder had borrowed one of him; Mr. Holder is Mr. Marryat's clerk; I told him there was no great coat there; he staid in the office about ten minutes, and then he went into the parlour, and took some books; he said, he wanted four books to do Mr. Marryat's business; I said, I would not let him have them, and he said, he would have them; upon that he took four; he wanted me to give them to him, but I would not; he took them away without my consent; I saw him again a month ago, at Bow-street, among other people, and I knew him; in about ten minutes after he was gone, Mr. Holder, the clerk came in, and I acquainted him with it.

THOMAS HOLDER sworn. - Examined by Mr. Knowlys. Q. Do you know the prisoner? - A. No.

Q. Did you give him authority to fetch any books? - A. No; when I came to the chambers from dinner, I was made acquainted with the circumstance, and I went about and found them the same evening, at Mr. Nunn's, in Great Queen-street; upon my representing the way in which they had been taken, Mr. Nunn returned them; I opened them at Mr. Nunn's shop, and found Mr. Marryat's marginal notes in them; I knew his hand-writing.

WILLIAM LEATHERBOURG sworn. I am servant to Mr. Nunn, bookseller, in Great Queen-street: About the latter end of September, or beginning of October; the prisoner brought some books to Mr. Nunn's shop; I did not so much look at the books as I did at the prisoner; I am sure he is the man; Mr. Nunn purchased them, he asked eighteen shillings for them, my master gave sixteen shillings for them. The books produced.

JAMES NUNN sworn. - Examined by Mr. Knowlys. I am a bookseller in Queen-street; I have no recollection of the prisoner, the books were brought to me by a person, who said he was recommended to me by Mr. Brooke, in Bell-yard, being old editions, they did not suit him, and he frequently sends persons up to me with books that won't suit him.

SAMUEL MARRYAT, Esq. sworn. - These are my books, they have my hand-writing in each of them.

Prisoner's defence. I know nothing at all about Mr. Marryat's books.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t18000115-30

100. CHARLES GRAY was indicted for feloniously stealing, on the 19th of December , three shirts, value 30s. four neckcloths, value 4s. and a pocket-handkerchief, value 1s. the property of James Peckett , the elder .

JAMES PECKETT called. - I shall be nine years old next March.

Q. Do you know where wicked people go when they die? - A. To a bad place.

(He is sworn.) - My father is an Excise-officer , near Clare-market: On Thursday the 19th of December, I was going with three shirts, four neck-cloths, and a pocket-handkerchief, to Mr. Serjeant Heywood's, in Harpur-street; I met with an elderly man, who said, you are a nice little boy, I think I know you; he asked me what my name was; I told him my name was Peckett; he asked me where I was going; and I told him to Harpur-street; when I got into Red-lion-square I met the prisoner; he asked me if my name was not Peckett; I said, yes; he asked me if I was not going to Mr. Heywood's; I said, yes; he said, he had been to my mother's with some more things, and he was to have the things that I had got, and I gave them to him; I never met him again till New-year's-day, when I met them both together, in Water-street, Arundel-street, in the Strand, then I charged the prisoner with taking the things from me in Redlion-square; he said he never saw me in his life before; he ran away from me, and I took hold of the other; I asked a soldier to take him, and he would not, he went on through Temple-bar; then he took hold of me, and I told him I would not go with him; then he went down into the Temple, and I left him. When I had left the old man, I saw the prisoner run past me in the Temple; I ran after him, and he ran up the first court he came to, in the Temple; then a gentleman holloaed out, stop thief, and he bid himself in some chambers; Mr. Davis, that lives with Mr. Mortimer, the gun-maker, in Fleet-street, went after him, and collared him.

SAMUEL PECKETT , senior. sworn. - My wife washes for Mr. Serjeant Heywood, and nobody else; I saw the things delivered to the boy.

Prisoner. I have nothing to say.

GUILTY .

Transported for seven years .

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

Reference Number: t18000115-31

101. JOHN HALL , PETER CHAPMAN , otherwise HARRY READ, otherwise HARRY KIRK , JOSEPH JONES , SARAH BOREHAM , and ELIZABETH JONES , otherwise BROCKHURST , were indicted, the first three for breaking and entering the dwelling-house of Thomas Laycock , about the hour of one, in the night of the 31st of October , with intent to steal, and burglariously stealing ten dozen of black silk handkerchiefs, value 20l. twelve dozen of bandana handkerchiefs, value 30l. six pocket handkerchiefs, value 7s. a piece of blue cloth, containing thirty-six yards, value 9l. 12s. another piece of blue cloth, containing thirty-six yards, value 9l. 12s. four pieces of fancy mixture cloth, each containing thirty-six yards, and ten remnants of cloth, each containing twenty yards, value 40l. two pieces of blue and orange striped cotton, each containing twenty-nine yards, value 4l. 10d. three pieces of striped cotton, each containing forty yards, value 13l. 10s. a piece of striped cotton, containing thirty-three yards, value 3l. 19s. 9d. forty-five yards of check calico, value 3l. 4s. one hundred and seven striped cotton shirts, value 29l. 8s. 6d. three pair of men's shoes, value 12s. two silver table spoons, value 19s. a silver pap spoon, value 5s. a pair of silver sugar tongs, value 6s. four silver watches, value 9l. five guineas, thirty shillings, six sixpences, four thousand three hundred and twenty halfpence, fifteen yards of linen used for wrappers, value 10s. nineteen unmade duffel coats, value 16l. a truss containing six stuff petticoats, value 1l. 5s. twelve silk bonnets, value 7s. eight pair of stays, value 1l. 8s. 6d. and one hone, value 2s. the property of the said Thomas Laycock and John Tyler ; and the other two prisoners for receiving part of the same goods, knowing them to have been stolen .

The prisoner, Joseph Jones , pleaded guilty .(The case was opened by Mr. Knowlys.)

THOMAS LAYCOCK sworn. - Examined by Mr. Knowlys. I live in the Minories, and am in partnership with John Tyler: On Friday, the 1st of November, I let two of my men servants into the shop, about seven o'clock in the morning.

Q. Is your shop a part of the dwelling-house? - A. It is; when I had let them in, I returned

into the accompting-house, where I found the press, in which we kept our silk handkerchiefs, lying upon the desk.

Q. You carry on the slop-selling business ? - A. Yes; the whole stock of silk handkerchiefs was taken out of the press, the accompting-house desk was forced open, the watches and the cash, which I locked up there the night before, were gone; I then went to the back part of the house, my servants accompanied me, I found the shutter of the door wrenched out, that is the door that opens into the yard, the iron work wrenched from the shutter, a pane of glass taken out of the door, the box which the lock locks into wrenched off, the inner bar which makes fast the folding doors continued across the scullery-door, and at the end of that bar a staple with a hasp goes over, and a pin through the staple, that was taken down and lying upon the floor; lighted matches had been made use of to unfasten that bar to give light, for there were matches lying about; then we proceeded into the yard, and found a piece of supersine cloth, two pieces of fine Yorkshire cloth, two great coats, a boy's great coat, a new pair of boy's shoes, and an iron crow; we then proceeded to the outer door, which communicated with a court that goes into Hayden-yard-court.

Q. Is that an open public court? - A. Yes; it is called Red-lion-court; the bolt of that door was drawn back, and the staple drawn out.

Q. In what state was the back part of your premises when you went to bed over night? - A. I saw them all secure, the bar, the windows, the door and all, about eleven o'clock.

Q.Tell us what articles you have lost - I will read them to you: ten dozen of black silk handkerchiefs? - A. Yes.

(Goes on reading.) Twelve dozen of bandana handkerchiefs, six pocket handkerchiefs, a piece of blue cloth containing thirty-six yards, another piece of blue cloth containing thirty-six yards, four pieces of fancy mixture cloth containing thirty-six yards each, ten remnants of cloth containing twenty yards each, two pieces of blue and orange striped cotton containing twenty nine yards each, three pieces of blue striped cotton containing thirty-three yards each, forty-five yards of check calico, one hundred and seven striped cotton shirts, three pair of men's new shoes, two silver table spoons, a silver pap spoon, a pair of silver sugar tongs, four silver watches, five guineas in money, thirty shillings, six sixpences, and four thousand three hundred and twenty halfpence.

Court. Q. How do you know there were so many halfpence? - A. I counted them last Christmas but one, and they have remained there ever since, and have been increasing since that time; there was then ten pounds eleven shillings.

Mr. Knowlys. Q. Of what value may the whole be? - A. Two hundred and ten pounds, and upwards; they were the joint property of the partnership concern.

Q. Does Mr. Tyler live in your dwelling-house? - A. He does not sleep there.

Court. Q. Had you heard any noise in the course of the night? - A. No.

Q. Is there no watchman in this yard? - A. There is, but he was off the beat, I believe, that night.

ROBERT JOSLING sworn. - Examined by Mr. Knowlys. I live in Kingsland-road, I am a coachmaster; the hackney-coach, No. 66, belonged to me, it was a day coach: On the last day of October Robert Salmon was the driver of that coach.

Q. Do you recollect what time it came home on the 1st of November? - A. Yes; about the hour of four, or between four and five o'clock in the morning.

Q. Before day-light? - A.Before day-light.

Q. Had it been accustomed to come home so late? - A. It had sometimes, but not often; we expect them home generally about one o'clock, and sometimes two.

Cross-examined by Mr. Gurney. Q.Salmon is not your coachman now? - A. No; nor anybody else's.

Q. Where is he now? - A. In confinement.

ROBERT SALMON sworn. - Examined by Mr. Knowlys. Q. Did you drive the hackney-coach, No. 66? - A. Yes; for Mr. Josling.

Q. Do you know Hall and Chapman? - A. Yes, two of the prisoners at the bar; I was hired by them on a Thursday night.

Q. How long was it before the officers took you into custody? - A.About four days, I believe.

Q. Do you recollect what day of the month it was? - A. No, I do not; I was hired by the prisoner Hall, between twelve and one o'clock at night, in the Minories; Chapman was with him, and another man that is not here, to carry some bundles to the top of Crown-street, Finsbury-square; I was standing at the corner of Haydon-yard, in the Minories, when he hired me.

Q. How came you to be there at that time? - A. I was watering my horses to go home; Hall said, he wanted a coach to go to the top of Crown-street, Finsbury-square; I staid till near four o'clock, and then they all three came and ordered me to the top of Crown-street; they had three large bundles which they put into the coach.

Q. Did you see what they put into the coach? - A. No.

Court. Q. Did you see any thing of these people in the intermediate time? - A. No; not till they brought the bundles.

Mr. Knowlys. Q.Did either of them give you

an account of what goods they had? - A.No; one of them rode upon the box, and the others walked.

Q.Which of them rode on the box? - A. I am not positive, but I think it was the man that is not here; when I came to the top of Crown-street, they were there; they all three went into a house there; they took the bundles with them into the house, and I thought I saw them take out an iron crow.

Q.Where did they take that iron crow? - A. Into the house with them; they did not pay me any thing; I was to follow them into the house, but I did not.

Q. Why did you not? - A. After I had seen the crow I thought they had been doing something wrong, and I did not like to follow them; and I went home directly without being paid.

Q. Did you afterwards go with the officers to this house? - A. Yes.

Q. Did you shew them the same house? - A. I did.

Cross-examined by Mr. Gurney. Q. You were first called in the Minories, by Hall, you say? - A. Yes.

Q. You were going home; you had no idea of a fare at all? - A. No.

Q. Have you never said you were spoke to and hired by a person at some other part of the town? A. Yes; but that was at Drury-lane House: I had a fare to the Minories; I got there about half past eleven.

Q. And you staid there till between twelve and one, watering your horses, and waiting for the person that spoke to you at Drury-lane? - A. No; that person wished me a good night there, and I saw no more of him.

Q. You had no idea in the world but that it was a common regular thing, till you saw the crow? - A. No; I did not know any thing to the contrary.

Q. You have never said any thing to the contrary? - A. No.

Q. And you staid there till near four o'clock? - A. Yes.

Q. Without their giving you any earnest? - A. Yes; one of them took my number.

Q. You did not see where they went to? - A. No.

Q.When one rode upon the box and the others walked, you had no suspicion then? - A. No.

Q. Have you never said you had a guinea for your fare? - A. No; Hall told me I should have a guinea, when he hired me.

Q. So this man accosted you in the Minories, told you he would give you a guinea, kept you three hours, and then brought out the bags, and yet you did not suspected any impropriety? - A. No.

Q. You did not follow them into the house, but drove home? - A. Yes.

Q. Had you ever been promised a guinea for three hours work, before? - A. No.

Q. Now, as you suspected something wrong, of course when you went home you told your master this? - A. No, I did not; I told him I had been waiting.

Q. You did not tell him you had lost your fare? - A. No.

Q. Nor did not tell him you had been waiting three hours for three persons? - A. No.

Q. You did not tell him you had been carrying an iron crow? - A. No.

Q. At last you were taken into custody by the officers, and then you accused some other persons? - A. No, I did not.

Mr. Knowlys. Q. The officers enquired of you where you had been? - A. Yes, and I told them.

Examined by the Court. Q. What did you suppose these people meant to give you a guinea, instead of eighteen-pence, for? - A. They did not tell me for any thing.

Q. And yet you had no suspicion at all that there was something going on that was not right? - A. I did not till I saw the crow.

Q. Why should they offer you a guinea, then? - A. It was late at night, and rainy; they were dressed in sailor's clothes, and said they had come from on board a ship.

Q. Who was this man that spoke to you at Drury-lane play-house? - A. I do not know.

Q. Do you know his name? - A. No; I have never seen him since.

Q. Have you never mentioned his name? - A. I believe his name to be Powell, but I do not know; I had seen him several times before.

Q.When had you seen him before? - A. He was a coachman formerly; and travelled about the country with a horse and cart.

Q. What part of the town does he live in? - A. I do not know.

Q. Where had you met him before? - A. I had met him in the street, and I had seen him at different watering-houses; and I have seen him in the ranks with his coach.

Q. What were you doing all the time you were waiting; you were not watering your horses for an hour and a half? - A. I had been in the public-house, and had my supper.

Q.How soon were you taken up? - A. On the Sunday night after.

JOHN READ sworn. - Examined by Mr. Knowlys. I am a constable: I apprehended Salmon, the coachman, on the 3d of November; and in consequence of some information I received from him, I went and took Hall and Chapman in Crown-

street; I saw them come out of a house in Crown-street; it was a house belonging to a Mrs. Batt; Sansum laid hold of Hall, and Chapman made his escape as far as Finsbury-square very near, and I laid hold of him.

Q.Had you explained the business before Chapman ran away? - A. No; Smith came to my assistance, and we took him to the Compter. I found Mrs. Batt in the house; I searched the house, and found the property that Sansum has to produce; here is a stamp for stamping dollars that I found, and an instrument for casting bullets; that is all that I know about it.

Cross-examined by Mr. Alley. Q. Mrs. Batt was taken into custody, was she not? - A. Yes.

CHARLES SANSUM sworn. - Examined by Mr. Knowlys. I went with Salmon to a house in Crown-street, adjoining Sun-street; Read, Tipper, and Smith were with us; he shewed us the house, No. 19, Crown-street; Mrs. Batt's; as I came past the the window, I saw Chapman and Hall talking with Mrs. Batt, in her room; the window was open; I immediately pulled the check-string; we were in a coach; I said, there is Hall, for I knew him very well; I jumped out of the coach, and when I got to the house, they were both got out into the street, and walking towards Finsbury-square; I ran and pursued, and caught hold of them both, one in one hand and the other in the other, by the collar; Chapman got away from me, and Hall I secured; I then brought Hall back to Mrs. Batt's room, where I saw him first; Read and Smith brought back Chapman; I then began to search the apartment where I saw them, and in searching in Batt's work-shop, these things were found; and in the room where I had seen them, we found this ticket and a bit of cloth; I searched Hall, and found the copy of his freedom as a fellowship porter, and his tally, and a watch; I then went up stairs into the garret.

Court. Q. Look at this bit of paper, marked seventeen yards? - A. Yes, that is the ticket; in searching in Batt's work-shop, I found these scattered about; (producing a quantity of cuttings of great coats;) Batt is a chair-maker; and in searching farther, I found this fag-end of some blue cloth, with a ticket upon it, as it is now; (produces it;) in searching further, I found this piece of brown paper with some mark upon it; (produces it;) I also found this centre-bit, this small saw, and this iron crow; this crow I have tried, both ends of the crow, the small end at the outer door, and it just sits the place to wrench off the lock; the mark between the two folding-doors corresponds with the broad end; I afterwards went to search the prisoner Boreham's lodgings; in consequence of information I received from Mrs. Batt, on Wednesday the 6th of November, I asked her for the property that was brought from Mrs. Batt's apartments; and she said she knew nothing of any property; I said I was sure she did; and I, with the assistance of another officer, searched the place; I told her she must go along with us; then she said there were two boxes brought from Batt's apartments; I cannot rightly say whether she said Sunday night or Saturday night; and that they were fetched away by two porters in smock frocks; she said she had an order to deliver them; I asked her where is the order; then she said she had not got it; but that she delivered them to two men; I asked her who they were; she said she did not know who they were; she described them as large boxes, corded up; I then brought her away with me to the Lord Mayor; I searched her, and upon her found half-a-guinea, in this small bag, separate from the rest of her money; I gave her the half-guinea back.

Cross-examined by Mr. Gurney. Q. Do you know where Batt is? - A. No.

Q. I believe you have taken some pains to find him? - A. Yes.

Q. Do you not believe he has absconded on this account? - A. I believe he has.

RICHARD TIPPER sworn. - Examined by Mr. Knapp. I am a constable; I was with Sansum: I saw the crows tried; (produces the crow that was found upon the prosecutor's premises;) I received it from Mr. Laycock's young man; I went to Hall's lodgings in Dog-and-bear-yard, Tooley-street, Southwark, on the Monday evening.

Q. How do you know it to be Hall's lodgings? - A. I made every enquiry that I could; I found his wife living there; on searching the room, I observed upon the dresser a velvet jacket, and in searching it, wrapped up in it, was a check shirt.

Mr. Alley. Q. That is just as common a jacket and as common a shirt as any about own, I believe? - A. I believe it is.

Mr. Knowlys. (To Salmon.) Q. Look at that jacket and shirt; did you see such a jacket and shirt the night your coach was hired? - A. Hall had such a jacket as that on; but I cannot say it is the same; and he had a check shirt on, but I cannot say that that is the same.

MARY BATT sworn. - Examined by Mr. Knapp. I am the wife of Thomas Batt : I live at No. 19, Crown-street, Finsbury-square: I had known the prisoners about two months before they were taken up; on Friday, the 1st of November, the two prisoners, Hall and Chapman, and another man, came to our house in a coach, I believe about five o'clock in the morning; I heard the coach stop; I believe my husband opened the coach door.

Q. Did they bring any thing with them? - A. Yes, a great many bundles; I do not know rightly

how many; they were carried up into the workshop, up three pair of stairs; they seemed to be cloth and checks, and I believe there were handkerchiefs.(Mr. Gurney and Mr. Alley contended that the witness was an incompetent witness, and the Court being of the same opinion, her examination did not proceed.)

Mr. Knowlys. (To Laycock.) Q.Look at that piece of brown paper? - A.This is part of the paper that one of the pieces of cotton was tied up in that was lost that evening; I know it by the writing upon it; it is the manufacturer's handwriting.

Q. Look at that piece of cloth with the ticket sewed to it? - A. This is the head-end of one of the pieces that was taken from our shop that night; here is our private mark upon it, E B, in the handwriting of one of my clerks.

Q. Look at that ticket upon the piece of cloth? - A.This is the ticket that was upon one of the pieces of striped cotton; it has our private mark upon it.

Q. Now look at those cutting found by sansum? - A. I have no doubt but these are pieces of coats that I lost, unmade-up. I was present when Sansum tried the crow upon the door, and the marks corresponded with the crow.

Q.What is the name of the clerk whose handwriting you say that is? - A. Phillip Prouting.

PHILIP PROUTING sworn. - Examined by Mr. Knowlys. I am clerk to Messrs. Laycock and Tyler: This ticket is my hand-writing; it was fastened to the blue striped cotton; I saw that piece in the house over-night; this is the head end of a piece of cloth that we lost; it is a piece of fine Yorkshire cloth.

JOHN ARMSTRONG sworn. - Examined by Mr. Knapp. I am an officer belonging to Worship-street: On Friday, the 1st of November, between ten and eleven, I passed Hall and Jones in Chiswell-street; I was coming to this Court; and at night, when I got home, I had this inventory left with me; and on Monday the 4th, Ray and I, being in Chiswell-street, saw Jones, and we took him; I knew him well.

Q. Are you sure that you saw Hall with that person that you call Jones? - A. Yes.(Jones brought to the bar.)

Armstrong. That is the man.

Q.(To Salmon.) Is that one of the men that was with your coach? - A. Yes.

Armstrong. From Jones we learned where he lived, in Duke's-court, Crown-street; we went there; I left Ray, and went back; and when I returned I found the woman at the bar, Brockhurst, in custody in Jones's room; there was a print nailed against the wall, we took that down, and from behind it four duplicates fell; Ray has got them; we found two picklock keys upon the rester of the bed; and on the Thursday I took Jones to my Lord-Mayor, by order; I saw Ray take a pair of shoes, which he has, and which Jones said were his; they were taken to the Lord-Mayor, and committed.

JOHN RAY sworn. - Examined by Mr. Knowlys. I am an officer of Worship-street: I was in company with Armstrong when he apprehended Jones, in Chiswell-street; after that we found out where he lodged, in Duke's-court, Crown-street; I went there, and waited there, I dare say, an hour and a half, or two hours; the prisoner Elizabeth Jones, otherwise Brockhurst, was there; Armstrong was not; I asked her if Jones was at home; she said, no; I asked her when she expected him home; she said she did not know, for he was in the country; I searched, and took down a picture that was pasted up, and behind that was four duplicates of silk handkerchiefs pawned at different pawnbrokers; and I found a pair of shoes in the apartment which Jones owned to be his. (Produces them.)

AARON ABBOTT sworn. - Examined by Mr. Knowlys. I make shoes for Laycock and Tyler; I make for nobody else; I am sure these are my make; I know them by my work; I sent them in on the 29th of October.

Q.(To Laycock.) Had you sold any shoes between the 29th of October and the time that your house was robbed? - A. I had not, except eighteen pair that I had packed myself for Guernsey.

Mr. Gurney. Q. Do you mean to say that your servants had not sold any? - A. If they had I should have received the money; if they were sold, they were sold without my knowledge.

Mr. Knowlys. Q. Do you sell shoes for home-consumption at all? - A. No; in the wholesale trade, by the dozen.

Q. Therefore, in the fair course of your dealings, you could not have sold them? - A. No.

DAVID CAMERON sworn. - Examined by Mr. Knapp. I am servant to Mr. Davidson, No. 131, Bishopsgate-street, pawnbroker: The prisoner Elizabeth Jones I know perfectly well; on Saturday the 2d of November, she pledged with me two silk handkerchiefs.

Q. Look at this duplicate? - A. This is the duplicate that I gave her. (Produces them.)

Prouting. We lost some handkerchiefs of this description; but there is no mark upon them; the handkerchiefs we lost were in whole pieces and parts of pieces.

SYLVANUS EVANS sworn. - Examined by Mr. Knapp. I am servant to a pawnbroker: My master took in a black silk handkerchief from the prisoner Boreham, when I was present; I particularly re

marked her person at the time; she has but one eye. (Produces it.)

Laycock. It has no mark on it; but it is one of the same kind of handkerchiefs that I lost.

WILLIAM CLINKER sworn. - Examined by Mr. Knowlys. I am a pawnbroker: I took in pledge two silk handkerchiefs on the 1st of November, from the prisoner Elizabeth Jones. (Produces them.)

Laycock. There is no mark upon them; I cannot swear to them.

The prisoner Hall left his defence to his counsel.

Chapman's defence. My trial was put off last sessions, on account of the absence of a material witness, who would have proved my innocence; he is a hawker; and I have not yet found him.

E. Jones's defence. I brought these handkerchiefs with me from Portsmouth.

Hall, GUILTY Death . (Aged 33.)

Chapman, GUILTY Death . (Aged 19.)

Boreham, NOT GUILTY .

E. Jones, NOT GUILTY .

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

[Death. See summary.]

Reference Number: t18000115-32

102. GEORGE HOWELL , FRANCIS THOMAS , and MARY WILLIS were indicted for feloniously stealing, on the 17th of December , a tin box, value 1d. five pounds in monies numbered, and four Bank-notes, each of the value of 5l. the property of William Peters , privately from his person .

Second Count. Laying it to be the property of Patrick Gibbons .

WILLIAM PETERS sworn. - I had been seven years in his Majesty's service ; I belong to Lord Nelson; the very first day I came to London, I was robbed; I came from Portsmouth upon the top of the coach; there was a sailor on the coach, got up at Peterfield, and when he came to Fleet-market, I saw a coal-heaver and a sailor speak to him, and after they had had their conversation, he said to me, I have found a brother-in-law; I told him I was very happy of it, and asked him to go into a house with me, and have a drop to drink; we went into a house in Fleet-market, and had a pot of flip; then the coal-heaver went out to buy some beef-steaks, and I gave him two shillings to get them, and when he came back, the coal-heaver, and the prisoner Howell, proposed to go to the Castle, on Saffron-hill , Mr. Gibbons's, to get them drest, and we went there; the mistress of the house took us into the kitchen, we all three sat down by a table, and Howell called for something to drink, and they brought some gin; I was very sleepy riding out-side the coach all night, and I said myself down upon the table, and slept about two hours; it was about eleven o'clock in the morning when I waked, the servant girl of the house waked me, and said, young man, come to the fire and warm yourself; I felt in my pocket, and found all my money was gone, my protection box and every thing; I had a little tin box like this, (producing one;) it contained my discharge and twenty-five pounds; there were four five pound Bank-notes.

Q. Were they of the Portsmouth Bank, or what Bank? - A. I cannot tell, and there was five pounds in money; I cannot tell how, but there was gold and silver which made up exactly five pounds; before I fell asleep, I can swear I had my tin box safe in my pocket; after I got into that house, I felt it in my pocket.

Q. These people could not know that you had money in this box? - A.The sailor came all the way with me, and I had changed several times on the journey, when he was with me.

Q. Who was that sailor? - A. The prisoner, Francis Thomas ; when I waked, I turned round, and found they had both left me.

Q. Did you see the other prisoner in the public-house? - A. No; I enquired of the girl where my companions were; and she said, she did not know; they were strangers to her the same as to me; I staid in the house all day, and walked backwards and forwards, very melancholy, till the evening, when, who should come in, but the coal-heaver, Howell; I sent for a constable, and he was taken to Hatton-garden; he was searched, but nothing found upon him, that I know; about six days after, I did not know what to do; I had a good deal of prize money due to me; I went to Somerset-house, to the Navy-office, and who should open the door but Francis Thomas , the sailor; when he saw me, he ran away; I said, ship-mate, do not be in a hurry, you are the very person I wanted to see, and then he ran to the Pay-office; then I said to him, you behaved very ill after all my good behaviour to you, and then left me in such a manner as you did, without a farthing in my pocket; he said, I do not know what you mean; I told him he knew very well how I was robbed, and he said, I am quite innocent; I said, then if you are innocent, come along with me, like a good fellow, and clear yourself; then he called out a young woman from the Pay-office, which he called his wife; I took him along with me till I saw a sailor, and I charged him in the King's name, for assistance, for fear he should give me she slip, and I took him to where I lodged, and there we got a constable, and he was brought to Hatton Garden, and there he was examined; when I left Portsmouth, I had two discharges; the clerk was a very good friend of mine, he advised me to put one in my pocket, and the other in my protection box; I said to the sailor, shipmate, you are a stranger to me, and I to you, but here is a discharge that will keep you

from being pressed, and I gave him one of them, and when I saw him at Somerset-house, I asked him for that discharge, and instead of the one that I had given him, he gave me the one that I had lost out of my protection box; there was nothing found upon him but a few shillings.

Q. How do you know the one discharge from the other? - A.The one that I kept in my pocket to shew, in case I should be overhauled on the road, was signed by the head clerk, and the other was signed by another clerk, that was on board the Sheer hulk, the Puiffant, his name was Brant.

Q.What liquor had you drank before you went into this house? - A.Only a pot of flip amongst us, in Fleet-market.

Q. What had you on the road? - A I had a glass here and there, where we stopped.

Q. You were not very sober perhaps? - A. I was a little in liquor, but not much; I know nothing of the woman, only that the coal-heaver called her into the house, in Fleet-market, and gave her some of the flip; I know nothing more of her.

Prisoner Thomas. Q. Did I ever attempt to run away? - A. He did, by C -.

BRYANT MOONEY sworn. - I am a labourer, I happened to go into Mr. Gibbons's, the Castle, upon Saffron-hill, that morning; I cannot say what morning it was; I saw the coal-heaver and two sailors sit together; both the sailors were on one side the box, and the coal-heaver on the other; the sailor that said he was robbed, was sitting with his head upon the table; I did not see his face.

Q. How long did you stop? - A. While I was drinking a pint of beer that the coal-heaver ordered me.

Q. Did you see the sailor and the coal-heaver do any thing? - A. Not a halfpennyworth; the coal-heaver desired. I would drink a pint of beer, and walk out, for he wanted to speak to his brother, that he had not seen these seven or eight years; I was obliged to pay for the beer myself afterwards.

Q.Was there any body else there at the time? - A. The servant girl, but no customers.

ELIZABETH GIBBONS sworn. - My husband keeps the Castle, on Saffron-hill; Peters and the two prisoners came in together, between ten and eleven in the morning, four weeks ago last Tuesday; Howell had frequented our house for some time; the coal-heaver asked if he could have some speaks drest; I told him, yes; and he said, he wanted to have some discourse with his brother, that he had not seen for seven years; he said, the prisoner Thomas was a shipmate of his brother's, that laid asleep in the kitchen; the prosecutor was then lying asleep in the kitchen; the coal-heaver then said, he was going to see a sister of his, that lived at the top of Saffron-hill, to carry her a parcel; he left one small parcel, and desired I would take care of it till he should return in a few minutes; the sailor, Thomas, went away with him; the coal-heaver came in again at night; a constable was sent for, and he was taken to Hatton Garden.

ANN HAWKINS sworn. - I am servant to Mr. Gibbons; I remember the two prisoners and the prosecutor coming in; my mistress desired me to take the steaks into the tap-room to dress, because the coal-heaver wanted to speak to his brother; I put the steaks in the pan, and went away; I went in again to turn the steaks, and as soon as I came in, the two prisoners, Howell and Thomas went out into the yard; Peters's head was lying on the table, and then I went away; I waked the sailor about an hour afterwards.

WILLIAM CHAPMAN sworn. - I am an officer belonging to Hatton-garden: This bundle that was left with Mrs. Gibbons, was given into my hands.(Produces it).

Howell's defence. I saw these two sailors get down from the top of the coach; I was standing looking at the coach, and these two sailors asked me where to get something to drink, and they swore and d-d their eyes and limbs that I should go with them, and have something to drink; then Peters took us to a hatter's shop, and bought a hat, and gave me his old one; then he took us to a barber's shop, and he was very drunk, and dropped some money there, under the grate; then we went to a house in Fleet-market, and he called for a pot of egg flip; then he said he wanted something to eat, and we got some steaks; then he went right up Field-lane, into the Castle, and I went away to work; when I came in the evening, Mrs. Gibbons said the man was robbed, and the constable should be sent for; and then I told her I would not stir till the constable came.

Thomas's defence. When we got to Fleet-market, he asked me to go and drink; I told him I wanted to see my relations in the Hackney-road; I was very much in liquor, and I went with him to the Castle; I thought if I staid much longer, and drank any more, I should not get home, and being in liquor I happened to leave that bundle behind me; I am very innocent of it; when I got off the stage I bid him good-by, and did not want to go with him at all.

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

Howell, GUILTY . (Aged 26.)

Of stealing, but not privately.

Thomas, GUILTY . (Aged 29.)

Of stealing, but not privately.

Transported for seven years .

Willis, NOT GUILTY .

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

Reference Number: t18000115-33

103. JOHN CHALKLEY was indicted for feloniously stealing, on the 10th of December , a gun, value 10l. the property of William Salt , Esq .

Second Count. Laying it to be the property of George Kinghorn .

GEORGE KINGHORN sworn. - I am gardener to Mr. Salt: I kept a gun in the Summer-house in the garden, I had not seen it for above a month before: On the 30th of December I missed it; and upon missing it, in consequence of information I received, I went to Tyler and Laycock's, in Shoreditch; I went there and found it was Mr. Salt's gun, and I then had the prisoner apprehended, (the gun produced); I know it to be my master's gun; I have had it in my possession a twelvemonth, I am sure it is the very same gun, there is the head of a screw broke off; I saw it again on the 30th of December; I delivered it to the Justice, and he delivered it to the constable; the duplicate is dated 18th of November; the prisoner worked with me about that time, but I am not certain to a day.

JOHN DYSON sworn. - The prisoner pawned this gun in my name unknown to me, I heard it from my father's man; I went to the pawnbroker's with the last witness, and found the gun; I had the duplicate from Mr. Amery, who keeps the Red-lion at Tottenham; I gave the duplicate to the gardener.

JOHN AMERY sworn. - On the 18th of November, my servant picked up a duplicate in the taproom; it was offered to the prisoner, who had been in the tap-room, but he would not accept it; I afterwards gave it to Mr. Dyson.

THOMAS WOOD sworn. - I am a pawnbroker, servant to Mr. Tyler, in Shorditch; On the 18th of November, this gun was pawned at our house by the prisoner; I am sure it was the prisoner,(produces the duplicate); I received it from Kinghorn; I lent him thirty shillings upon the gun, in the name of John Chalkley, Ware, for Dyson.

Prisoner's defence. I worked for Mr. Kinghorn; I was clearing the leaves out of the garden, and found this gun underneath the leaves; I kept it eight or nine days, and nobody said any thing about it, and I pawned it; Mr. Dyson knows me very well.

Dyson. I know nothing to his credit.

GUILTY . (Aged 56.)

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

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t18000115-34

104. RACHAEL HENSHAW was indicted for feloniously stealing, on the 26th of December , a cotton gown, value 2s. the property of Maria Rix , widow .

Second Count. Laying it to be the property of Samuel Higgs .

MARIA RIX sworn. - I am a widow, I lodge at No. 2, Church-lane : I lost a cotton gown of my own; I washed the gown on the 26th of December, and hung it to dry upon a horse before the fire, in the back parlour; I was taken very ill, and obliged to go to bed before seven o'clock, and I left it in care of my landlady, Mary Higgs; I afterwards saw it at Marlborough-street.

MARY HIGGS sworn. - On the 26th of December, Mrs. Rix was taken ill; I removed the gown into the front room, I had ironed it; between twelve and one o'clock, the same night, the prisoner came to ask for lodgings; I told her she could have a lodging; she said she would go and let her husband know, and they would both come together; I saw nothing of the prisoner till three o'clock in the morning; I had been under the necessity of going to No. 4, and upon returning, I saw the prisoner come out; I asked her what she wanted; she said she wanted a lodging; I told her I had informed her before that she could have one; I asked her what she had got in her apron; she said she had got her child's gown; I pulled down her apron, and saw it was Mrs. Rix's gown; I called the watchman, and gave the gown into the watchman's hands. (The watchman produced the gown, which was deposed to by the prosecutrix).

Prisoner's defence. I went in to ask for a lodging. and the prosecutrix was not at home; I told her I was very tired; she said she saw that I got my bread by washing, by my hands being white, just come from the tub; she told me she could get me a great deal of work if I lived that way, and she gave me that gown to wash; I have four children.

Mrs. Higg's. When she first came, there was a young woman there; but when she came the second time I was gone home with that very young woman; she said it was her child's gown when I asked her what she had got there. GUILTY .

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

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

Reference Number: t18000115-35

105. ISAAC HART , JAMES SMITH , ELIZABETH SMITH , and ANN PUMMEL , were indicted, the two first for breaking and entering the dwelling-house of John Roberts , about the hour of seven in the night of the 29th of December , and burglariously stealing a cotton gown, value 5s. four calico window-curtains, value 1s. a child's frock, value 1s. 6d. a dimity petticoat, value 1s. a silk handkerchief, value 5s. and two yards of lace, value 3s. the property of the said John ; and the other two for feloniously

receiving the same goods knowing them to have been stolen .

JOHN ROBERTS sworn. - On Sunday the 29th of December, I lost a cotton gown, a dimity petticoat, a child's frock, a silk handkerchief, a workbasket, four calico window-curtains, and two yards of lace; I went out and left them upon the table in the bed-room; the bottom part of the house is my own, another party has the other part; it is at No. 22, in Carter-street, Bethnal-green ; my wife and I went out, and fastened the bottom sash; the other people that lived in the house were at home, over head; I went out about one, and returned about seven; I had put the shutters together before I went out, but had not fastened them, only by a bit of wood that I put in; when I came back, I found they had been moved, there was a mark of dirt upon the wood work of the window, they must have opened the window to get in; when I came home, the prisoners, Hart and Smith, were taken; I saw the property again on the Tuesday, at the office; when I came home I missed them immediately; Armstrong, Mason, and Ray, had the prisoners in custody; I went to the office on Monday, but I could not give a proper account of the things; and the next day my wife went with me, and she swore to them.

JOHANNA ROBERTS sworn. - I lost some property on Sunday the 29th of December; I left some of the things on the dresser and some on the table when I went out between twelve and one; I did not come home till Monday evening, and on the Tuesday I saw them at the office.

PETER MASON sworn. - On Sunday the 29th of December, about seven in the evening, I was going along Brick-lane, in company with Ray and Armstrong; at the end of Carter-street we heard a noise of several people talking; we went up and saw the two men prisoners surrounded by a number of people, close to Roberts's house; we searched them, but found nothing; there were the wet dirty marks upon the window where they got in; on the Monday the two women came to the office to see the men, and we took them into custody; they all four lodged together; we got information of their lodgings, and searched them, where we found the goods turned up in one of the beds; there were two bedsteads in one room; I have had the property ever since.

Mrs. Roberts. This is my gown; it has my own work in it; this is my boby's frock that I took off that Sunday morning; and a flannel petticoat.

JACOB JIGGETS sworn. - All the four prisoners lodged in my house; they have one room; I do not live in the house myself; the officers came, and searched one bed and found nothing; then they searched the other bed, and found the things, James Smith and Elizabeth Smith pass for man and wife.

Prisoner Smith. It is a common lodging-house for any body to sleep for a night.

Q.(To Jiggets.) Is it a common lodging-house that any body sleeps in for a night? - A. Not that room; they have that room to themselves.

James Smith 's defence. I was making water, and two men came up and laid hold of me, and asked who I was; I thought they had been a press-gang; I told them I was a seafaring young fellow; and they took me to that man's house, and searched me, but I had nothing about me.

Hart's defence. I was walking in a different street, and two men laid hold of me, and took me among a parcel of weavers; they said I was a Jew, and they would do for me; they said I had been robbing a house; I never saw any thing of the property.

Elizabeth Smith 's defence. I know nothing at all of it.

Jiggets. I have known Elizabeth Smith three years; she has lodged with me off and on; I never knew any harm of her.

Hart, GUILTY , Death . (Aged 15.)

Jas. Smith, GUILTY , Death . (Aged 25.)

Eliz. Smith , GUILTY . (Aged 21.)

Transported for fourteen years .

Pummell, NOT GUILTY .

Tried by the second Middlesex Jury, before The Lord CHIEF BARON.

Reference Number: t18000115-36

106. MARY MILLER was indicted for feloniously stealing, on the 22d of December , seven sheets, value 7s. two pair of cotton stockings, value 2s. three odd silk stockings, value 3s. four silver tea-spoons, value 4s. a pair of silver knee-buckles, value 3s. a stone hat-buckle, value 1s. three napkins, value 2s. two towels, value 1s. a petticoat, value 2s. a table-cloth, value 2s. a curtain, value 2s. an apron, value 1s. six yards of lawn, value 6s. two pillow-cases, value 3s. a set of bed-furniture, value 12s. and two half-guineas, the property of Susannah Pope , widow , in the dwelling-house of John Miller .

SUSANNAH POPE sworn. - I am a widow: I lodge in the house of John Miller, in Church-lane, St. George's in the East ; the prisoner is his wife: I left my lodging during a great part of the month of September, and left my property locked up there; I returned the latter end of September, but did not miss it till the 22d of December; I saw it again the day after Christmas-day; I am very seldom at home, for I go out chairing ; and when I am not chairing, I go out to needle-work ; the day after Christmas-day, when I came into the room, I saw there had been a green cloth put over the trunk;

when I removed that, I saw the box almost empty.

Q. How did the box appear to have been opened? - A.There was a hinge bad; and there was a little trunk that contained two half-guineas, four silver tea-spoons, a salt-spoon, a pair of silver knee-buckles, and a stone hat-buckle set in silver; I dare say I had not looked into it for a month; then I suspected Mrs. Miller, my landlady, because nobody slept in the house but she and me and her husband; and I attacked her with it, and she owned it to me.

Q. Did you not tell her it would be better for her to confess? - A. No.

Q. Or worse for her if she did not? - A. No; I neither promised her nor threatened her; she knew that I suspected her; she said, how do you do; I said, you must needs know how I do; I told her husband she had robbed me, and he said, I might do what I liked; I might hang her, or do what I pleased; she told me she was the thief, and the only thief; I asked her how she got into the room; she said, by a false key; I asked her how she opened the little trunk; she said she had a little tea-chest key that opened it; I asked her where it was; she said she had put it down the necessary; I asked her for the key of the room that opened the door; she said, she could not give it me that day; then she took me into a back shed, and took a shovel and a saw, and dug the mould up, and a key appeared; she dug up again, and another appeared; she dug up four keys; I tried one of them, and found it opened one trunk, out of which I had lost these things.

WILLIAM RIDLEY sworn. - I am a pawnbroker: I received these things of the prisoner at the bar, on the 16th of November; she is a neighbour of mine; I took her for a very honest woman. (Produces some property.)

Mrs. Pope. This bed-furniture, sheet, and pillow-case, are mine; they have my work upon them.

- COVINGTON sworn. - I am a pawnbroker: (produces a petticoat and shift;) I took these in of the prisoner at the bar.

Mrs. Pope. These are mine.

BENJAMIN MARTIN sworn. - (Produces a petticoat and a table-cloth;) I received them of the prisoner.

JOHN NOWLAN sworn. - I apprehended the prisoner, and received some duplicates from her.(Produces them.)

JAMES STANSFIELD sworn. - I am a pawnbroker: (produces part of the bed-furniture and a knee-buckle;) the prisoner pledged them with me.

Mrs. Pope. They are all my property.

Prisoner's defence. She was a person that I conceived was a sincere friend to me, as I was to her; she told me that if I wanted any thing in the world, any thing in her room was at my service; and she lent me several things herself to pledge. I intended to get them out after Christmas.

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

GUILTY (Aged 46.)

Of stealing the goods, but not in the dwelling-house.

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

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

Reference Number: t18000115-37

107. JOHN MAILLES was indicted for feloniously stealing, on the 7th of January , a silver watch, value 42s. a silver watch-chain, value 4s. a silver seal, value 2s. a silver watch-key, value 1s. a pen-knife, value 1s. a pocket handkerchief, value 9d. a half-guinea, four shillings, and a sixpence, the property of George Dodson , in the dwelling-house of John Gibson .

GEORGE DODSON sworn. - I am a soldier in the third regiment of guards: Last Tuesday was a week I lost my property from Mr. Gibson's house in Duke-street, Lincoln's-inn-fields ; I went there between three and four in the afternoon, and staid all night; he always makes me welcome to a bed at any time I chuse to stop; I went to the door about six o'clock in the evening, and saw the prisoner; he asked me which was Mr. Gibson's house; he sat down in the tap-room where I was, and called for a pint of beer; I sat down in the place, I had been sitting in for about half and hour, and then he called me to him, and asked me if there had been a serjeant there; I told him there was not, and then we joined company together; and after that we had either two pots or two pints, I am not sure which; then we went to the bar, and had a glass of anniseed a-piece; then we went up stairs, where there were some more company; we sat down in the room, and had two pots of beer; then after that he called for a pot of the best ale there was in the house; after that I was sick and went to the door, and the prisoner with me; I went out of the room-door into the passage; he said I had better go to bed, and he took the candle that was upon the stairs, and took me up stairs; Mr. Gibson came up stairs, and found us both in the room; he wanted the soldier, the prisoner, to go down stairs; and he would stop and attend me while I was in bed; the prisoner was undressing me, and I felt the chain of the watch when he was pulling off my breeches; I was going into the wrong bed, and Mr. Gibson told me I was; then I got into the other bed, and turned my back to the prisoner; Mr. Gibson came up soon after, and

I asked him to wind my watch up; and he said it was gone, and all my money was gone; it was a silver watch with a silver chain, and a silver seal with the two first letters of my name upon it; half a guinea in gold, four shillings and sixpence in silver, and my pocket-handkerchief and pen-knife were gone; the prisoner belongs to the London militia; I went to the Carpenter's-arms at Mileend, where I found him very much intoxicated; he began laughing in my face; I told him he had been robbing me; I insisted upon his going with me before his adjutant; he tried to get away, but I told him I would knock him down; I took him into the field where the men were upon parade; the adjutant ordered him and me under a shed where the drummers were, and he was searched, and the watch and four shillings found upon him.

JOHN GIBSON sworn. - The prosecutor came to my house on Tuesday the 7th, and staid till between six and seven, when the prisoner came in; the prisoner went into the back room, and called for a pint of porter.

Q. Did you see the prisoner putting the prosecutor to bed? - A. Yes, I followed them up stairs, and I asked him what he did there; it was a liberty I did not allow; he was then putting Dodson to bed; his cloaths lay upon the ground close by the bed where he got into, and I desired him to get into the other bed; I desired the prisoner to go down stairs; he said he would not go, he would stay there for five minutes; I took both the candles in my hand, and was going to leave him in the dark; but finding he would not come, I left one candle; but before that I had picked up his clothes off the floor, and put them in a chair; and I then had the chain of the watch in my hand; I went down; I had not been down three minutes when I saw the prisoner come down stairs; and he said, you had better give George some anniseed, but warm it first; I directly thought there was something amiss, and I immediately ran up stairs; he went out to the door with a pipe, as if he was only going to the door; I went up stairs, and saw that the breeches had been moved; I examined the breeches, and found the money and watch and every thing gone; the prisoner did not return.

- WATTS sworn. - I am serjeant-major of the Tower Hamlets militia, second regiment; I assisted to search the prisoner; I found this watch upon him; the knife and the money was found upon him by the next witness.

JEREMIAH JERNO sworn. - I am a serjeant in the Tower Hamlets militia: I found a pen-knife and a pocket-handkerchief upon the prisoner. (Produces them.)

Dodson. This is my watch: I am sure I had it when I went up stairs; the knife has the two first letters of my name upon it.

Q. What did your watch cost you? - A. About four months ago I gave two pounds seven shillings for it; the chain cost me six shillings and sixpence, and the seal four shillings and sixpence, and the knife one shilling.

Prisoner's defence. I was drinking with Dodson at a free and easy club that is held at Mr. Gibson's, he was very drunk, and I took off his clothes, and put him to bed; he desired me to take his watch and other things to take care of them.

GUILTY . (Aged 28.)

Of stealing to the value of 39s.

Transported for seven years .

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

Reference Number: t18000115-38

108. JOSEPH-SAMUEL ABBOTT was indicted for that he, on the 22d of October , feloniously, did falsely make, forge, and counterfeit, and cause and procure to be falsely made, forged, and counterfeited, and willingly acted and assisted in the false making, forging, and counterfeiting, a certain deed , the tenor of which is as followeth, that is to say:

"Know all men by these presents, that we- John Purse , Joseph Abbott , James Little , and William Sibbald , all of St. Martin's-lane, gentlemen, do make, constitute, and appoint, Joseph-Samuel Abbott , of Nell Gwyn's Buildings, Bagnigge-wells, gentleman, our true and lawful attorney for, as in our names, and on our behalf, to accept all transfers that are or may be made to us, of any interest or share in the capital or joint stock of Four per Cent Annuities, consolidated April 6, 1780; (erected by Acts of Parliament of the 17th and 20th years of the reign of his Majesty King George the Third, both intitled 'An Act for raising a certain sum of money by way of Annuities, and for establishing a Lottery, and by several subsequent Acts'); transferable at the Bank of England; also to receive and give receipts for all dividends that are now due, and that may grow due on any said Annuity, Stock, or any part thereof, for the time being. Likewise to sell, assign, and transfer, all or any part of four hundred and fifty pounds, all our said Annuity, Stock, &c. To receive and give receipts for the consideration-money; and to do all lawful acts requisite for the effecting the premises, hereby ratifying and confirming all that our said attorney shall do therein, by virtue hereof. In witness whereof, we have hereunto set our hands and seals, the twenty-second day of October, in the

year of our Lord, one thousand seven hundred and ninety-nine." John Purse, Signed, sealed, and delivered, J. Abbott , (being first duly stamped) in the James Little , presence of us: Wm. Sibbald ,

John Fanlkner, bricklayer, No. 26, Little Wild-street.

George-Henry Tanner, Nell Gwyn's-buildings, hatter.

Francis Mattison, No. 12, Broad-street, Bloomsbury, Victualler.

James Wills , No. 26, Brewer-street, Golden-square, tailor.

With intention to defraud the Governor and Company of the Bank of England.

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

There were three other Counts in the indictment for the like offence, varying the manner of charging it.(The indictment was stated by Mr. Giles, and the case was opened by Mr. Garrow).

THOMAS BATEMAN sworn. - Examined by Mr. Fielding. Q. You are a clerk in the Bank, in the department of the Four per Cent. Office? - A. Assistant chief clerk of the Four and Five per Cent. Office; and also examiner of the powers of attorney.

Q. Look at this instrument? - A. This has passed through my hands officially, as examiner; it was only made out at our office on the 16th of October, 1799; between that period and the 24th of October, this stock must have been sold out by virtue of this power of attorney; on examining the hand-writing, I looked at some books that were nearly eight years elapsed, and upon examining the hand-writing, I was well satisfied with those of John Purse , James Little, and William Sibbald; but in the handwriting of Abbott, I found a material difference; I sent for the broker, who I recollected to have given this power of attorney into my hand; having had some conversation with him, the broker sent the attorney to me, Joseph- Samuel Abbott , the prisoner at the bar; I told the prisoner there was a difference in the hand-writing of Joseph Abbott ; he told me that he was his father, that he had fallen into infirmity, and was not capable of writing correspondent with his former figuature; then observed, that by the designation of the witnesses, the parties did not appear to be at any great distance, I thought it would be expedient that they might come and transact their business without this power of attorney; in answer to which, he urged the illness of his father, who could not be moved; that the other parties would be very difficult to find, that the business was urgent, or to that purpose, and wished to compleat it immediately; taking these circumstances into consideration, knowing that the Bank wish to throw no difficulty in the way of business that can be avoided, I thought I might with safety permit him to do the business, accordingly I put my initials to it. (The instrument read as set forth in the indictment).

Mr. Garrow. Q. I believe you know that the Bank have replaced the stock, and that it stands now in the names of those witnesses? - A. Yes.

RICHARD HILTON sworn. - Examined by Mr. Knowlys. I act as a stock-broker; I have known the prisoner eight or ten years: On the 10th of October, he came to me to sell four hundred and fifty pounds, Four per Cents, by power of attorney; which stock I sold to a Mr. Benjamin Smith, and I paid Mr. Abbott, the prisoner at the bar, the money, with Mr. Smith's draft.

Q. Look at that power of attorney? - A. This power of attorney I acted upon, by selling the stock on his account.

SAMUEL BLOMER sworn. - Examined by Mr. Giles. Q. Have you the book in which there is a transfer of the stock of Abbott, Purse, Little, and Sibbald; I have, (produces it); I am a witness to the transfer.

Q. Read the names of the parties? - A. John Purse , Joseph Abbott , James Little, and William Sibbald , four hundred and fifty pounds.

JOHN PURSE sworn. - Examined by Mr. Garrow. Q. You know that your stock is replaced? - A. Yes.

Q. Have you any interest but that of justice? - A. None; I am one of the members of the Amicable Society which meet at the Rose, in Rose-street, Long-acre.

Q. Do you know the prisoner? - A.Perfectly well.

Q. Do you know his father? - A.Perfectly well; he was acting clerk; I have been in the society from the first of it.

Q. Was it his duty to keep the accounts of the society? - A. Yes.

Q. Was he acquainted with the funds of the society? - A.Perfectly.

Q. Who were the truftees appointed to hold the stock of the society, in the funds, for their benefit? - A. Myself, Joseph Abbott, John Purse , James Little, and William Sibbald.

Q. Of late, has his father been able to attend the society? - A. I understand he has not; I have not attended much myself.

Q. Have you seen the prisoner acting in the situation of his father? - A. Yes.

Q. Did he, by that means, become acquainted with the state of your accounts, and of your property? - A.Certainly.

Q.Was his father discharged at any time from his office as clerk? - A. Not to my knowledge.

Q. Did he apply to you to sign a paper upon the subject of his father's resignation? - A. He certainly did; I signed it on the 17th of last October.

Q.Where did he make that application to you? - A. He came to where my employment is, at Ibbetson's Hotel, Vere-street; I am a porter there.

Q. Was any person present when you put your signature to that paper? - A. Nobody but himself and me.

Q. Was it a printed paper, or partly printed and partly written? - A. There was no printing about it.

Q. Are you positively sure of that? - A. Positively sure.

Q. Are you sure it had no stamp upon it? - A. None.

Q. Are you equally certain of that? - A. Equally.

Q. Look at the signature of John Purse - is that your hand-writing, upon the oath that you have taken? - A. It is not.

Q. Are you positively certain you never executed such a paper as that? - A. I am, positively, upon my oath.

Q.Was there any seal upon the paper that you signed? - A. None.

Q. Do you know a person of the name of John Faulkner? - A.No such person; I never saw him till I saw him at the Mansion-house.

Q. Do you know a person of the name of George- Henry Tanner ? - A.Never to my knowledge.

Q. Francis Martison , victualler? - A. No.

Q.James Wills, of Brewer-street, Golden-square, tailor? - A. I never saw him.

Q. I need not ask you whether you ever witnessed any instrument which these persons attested? - A. I did not.

Prisoner. Q. Were there not several persons in the kitchen at the same time that you signed the paper? - A. Not a living creature but him and me in the place.

Prisoner. Q.Were there not several persons playing at cards at the time? - A. No such thing is suffered at our house.

WILLIAM SIBBALD sworn. - Examined by Mr. Garrow. I am a member of this benefit society; the prisoner's father was clerk, and the prisoner has acted for his father a year, or it may be better; he applied to me to sign a paper, respecting his father's resignation, some time in October last; he told me he came with that paper for me to sign.

Q.Did you read that paper? - A. I did, and signed it.

Q. Was any part of that paper printed? - A.Not any part of it.

Q. Look at that paper; is that the paper tha you signed? - A. No; I never saw it, till I saw it at the Bank.

Q. Is that your name affixed to it? - A. Yes; but it is not my hand-writing, I am positively sure of it.

Q. Do you know John Faulkner, bricklayer, Little Wild street? - A. No.

Q. Do you know George Henry Tanner, Nell Gwyn's-buildings, hatter? - A. No.

Q. Do you know Francis Mattison ? - A. Yes.

Q. Were they present at the time you signed the paper presented to you by the prisoner? - A. They were.

Q. Do you know that your brother truflee, Little, is dead? - A. He is.

Q. I believe you attended his funeral? - A. I did.

FRANCIS MATTISON sworn. - Examined by Mr. Garrow. I keep a public-house; I was present when the prisoner brought a paper to Sibbald to sign, I did not hear what he said to him.

Q. Did you see the paper in the hands of Mr. Sibbald? - A. I did; I was called in to do something respecting that paper.

Q. Did you do that something? - A. I did.

Q. Did you take that paper into your hands? - A. I did.

Q. Is that the paper that you were called into the room to do something with respect to? - A. No, it is not.

Q. Is the name Francis Mattison , your handwriting? - A. I am positively sure it is not.

Q. You see the name of John Purse ; did you ever see John Purse sign that paper? - A. No.

Q. Did you know him? - A. Not till I saw him at the Mansion-house.

Q. You see the name of Abbott there; do you know any such person? - A. No.

Q. Did you ever see any person of that name execute that paper? - A. I did not.

Q. You see the name of James Little there? - A. Yes.

Q. Did you know Little? - A. I did.

Q. Did you ever see him put his signature to that paper? - A. No, nor any other.

Q. Do you know John Faulkner, bricklayer? - A. No.

Q. Do you know George-Henry Tanner? - A. No.

Q.James Wills, you know, was present when the paper was presented to Sibbald? - A. Yes.

Q. Is that the paper that James Wills did any thing to in your presence? - A. It is not.

JAMES WILLS sworn. - Examined by Mr. Garrow. I was at the house of the last witness, when Little and Sibbald were there; it was at the latter end of October, but the day of the month I do not know.

Q. Did you see the young man at the bar there? - A. I did; I had never seen him before.

Q. Was any paper produced at that time, and did Sibbald and Little do any thing to that paper? - A. Yes.

Q. Were you called upon to attend to what was going forwards? - A. I was.

Q.Take that paper into your hand? - A. I saw the paper, and read a line or two of it, and no more.

Q. Is the signature, James Wills, at the bottom of that paper, your hand-writing? - A. No.

Q. Are you positively sure of it? - A.Positively sure.

Q. Do you know a person of the name of Purse? - A. I never saw him, till I saw him at the Mansion-house.

Q. Look at the name John Purse, was that written in your presence? - A.No.

Q.Nor any other paper, by him, in your presence? - A.No.

Q. Was the word Abbott written in your presence? - A. No.

Q.James Little? - A. No, not any part of it.

Q. Do you know any man of the name of Abbott, except the prisoner? - A. I do not.

Prisoner's defence. My Lord, and Gentlemen of the Jury, the crime with which I am charged, I am intirely innocent of; I am consident my word, as a prisoner, will avail but little; but, my Lord, it was regularly signed by the parties who had a right to sign it, and made over to me, and therefore I conceived myself justifiable in converting it to my own use; knowing the sufferings of those, who do commit such crimes, would have deterred me; but these men knew, that if I had not made the property good, it would not have been made good, and they have applied to the Bank to make it good; they have done it, and my life is in danger; I hope, gentlemen, you will take my case into your consideration; and when you have so done, if you are of opinion that I am guilty, I shall contrive to meet my fate with as much resignation as my situation will allow.

GUILTY Death . (Aged 18.)

Tried by the London Jury, before The LORD CHIEF BARON.

Reference Number: t18000115-39

109. ELIZABETH LOVEL was indicted for feloniously stealing, on the 18th of December , six silver tea-spoons, value 9s. two silver table spoons, value 14s. and two silver salt spoons, value 2s. the property of William Weldale .

ELEANOR FENNING sworn. - I live at Mr. Weldale's, linen-draper , in Oxford-street , as his servant: a gipsey woman came to ask me if I wanted my fortune told; she came on a Tuesday morning as I was taking the bread in at the door; I asked her what she would have for it, she said, sixpence; I told her I had not time then, but to come the next morning; she came the next morning about eight o'clock, and knocked at the door; I let her in, and took her down into the kitchen; she told me to put a bit of silver in my hand, and I put a shilling in my hand; and she said, would I give it her, I said, yes; she said, she must go for ten minutes, to do something to the planets; I was to tie ten pieces of gold up in a handkerchief; I said, I had not ten pieces of gold, and she said, I must tie up ten pieces of silver; then I tied up ten silver spoons, and she went away, and I saw no more of her; the spoons were my master's; they were in my charge; she went away with spoons, handkerchief and all; I am very sure the prisoner is the woman.

EDWARD TREADWAY sworn. - On Saturday the 28th of December, I had the prisoner in custody, and having heard of this affair before, I went to Mr. Weldale's, and desired the young woman to come down, to see if she knew her, and as soon as she saw her, she immediately said, that was the woman that had taken ten pieces of silver from her.

THOMAS MUMFORD sworn. - I was with Treadway when he apprehended the prisoner, and I had her in custody, while Treadway went for the young woman; when she came in, she knew her directly.

Prisoner's defence. I never saw the young woman in my life, till I saw her at Bow-street; I get my bread by hard work; I never was brought up to fortune-telling in my life; I go a harvesting, hay-making, and hopping in the summer, and in winter, in making mats, and carrying them about, with toasting-forks and meat-stands.

GUILTY (Aged 23.)

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

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t18000115-40

110. ANN THOMPSON was indicted for feloniously stealing, on the 23d of December , a pair of sheets, value 22s. two sheets, value 10s. two pair of stockings, value 4s. eight pocket-handkerchiefs, value 8s. two aprons, value 2s. a large table-cloth, value 6s. four napkins, value 5s. two breakfast cloths, value 3s. five hand-towels, value 2s. two petticoats, value 4s. and a pair of pockets, value 6d. the property of Samuel Huguenin .

SARAH HUGUENIN sworn. - I am the wife of Samuel Huguenin, a jeweller , in Holborn ; the prisoner came under pretence of coming from the mangler's, as a chairwoman; I gave her the things

mentioned in the indictment, on Monday the 23d of December; I saw them again the next day; I am positive the prisoner is the same person; she delivered eight duplicates to me in the passage.

ELIZABETH ELLIOT sworn. - I have known the prisoner several years; I live in the Borough; I was coming over the water, to see if any of my mistresses wanted me to work on Christmas-day; I had called upon Mrs. Huguenin; she asked me to call at the mangler's, and desire her to send for some things; coming down Holborn, I met the prisoner; I told her where I was going, and she went with me to the mangler's, and heard what I said to her, and then we parted.

JOSEPH POWELL sworn. - On the 24th of December, I was sent for to No. 61, in Holborn; I found upon her this pair of pockets. (Producing them.)

Mrs. Huguenin. These are my property, they are my own work.

Prisoner's defence. I was rather in liquor.

GUILTY (Aged 30.)

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

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

Reference Number: t18000115-41

111. GEORGE WATSON was indicted for feloniously stealing, on the 14th of December , nine bushels of grains, value 7s. the property of Timothy Donovan .

TIMOTHY DONOVAN sworn. - I am a cowkeeper , I rent a farm near the three mile stone, at Holloway; I live in Holborn; the grains were stolen at Holloway turnpike, Islington , on Saturday night the 14th of December; the prisoner is a man that I had hired as a weekly servant ; I ordered him to meet me at the King's-arms brew-house, Whitechapel, at eight o'clock, on Saturday night; he had a load of fifteen quarters of grains, eight bushels to the quarter; I saw them away from the brewhouse about nine o'clock; I had a suspicion of him, for I had missed grains several times before, and I was determined to follow him that night; I kept at the distance of about one hundred and twenty yards; he stopped at the Holloway turnpike, at Islington; just as he went through the turnpike, the clock went eleven; I then kept the distance of about one hundred yards from him; he halted his horses at the Coach and Horses, the second public-house beyond the turnpike, and then jumped up on the cart directly, and loaded some grains into a sack; there was a man of the name of Robert Jones, came up to him to the cart; I saw him go away from the cart to his own house; I waited till Jones came back the second time; as soon as Jones came back the second time to the cart, I jumped right upon him, and secured Jones; upon that Watson jumped out of the cart upon the ground, and ran away; I found a sack of grains loaded in the cart, and three empty sacks.

Q. Did you see any sacks in the cart when he set out? - A. No; Jones brought the sacks, and then I called the watch to my assistance; the watchman was within ten yards of me, and no watchman came to my assistance; I got a constable, and gave charge of Jones; he had a hearing on Monday at Hatton-garden, and because I would not swear positively that he had any property about him, he was discharged; a day or two afterwards the prisoner came, and voluntarily surrendered himself up.

Q. Can you say, from the appearance of the cart, that there were any grains missing? - A. Yes, there were; he came and said he was very sorry.

Q. Did you make him any promise? - A. I told his brother I would not hurt him.

Q. Then you must not tell us what he said. Were the grains in the cart all your's? - A. Yes.

Cross-examined by Mr. Alley. Q. How long have you known the prisoner? - A. Ever since the 1st of October.

Q. Who did you buy the grains of? - A.Mr. Tickler.

Q. Do you know what quantity of grains he received? - A. I know what I must pay for; I am obliged to take all that they bring.

Q. They were not measured at the time they were delivered to him? - A. No; but I can tell by the look of the cart whether any grains are gone out of the cart or not.

Q. If the cart is pretty full, the shaking of the cart may throw a little out? - A. Yes; when they have gone a little way over the stones, they sink, and get lower; but if a shovel or a bushel is taken out of the cart, it may be seen.

Q. The prisoner delivered himself up voluntarily? - A. Yes; in consequence of my saying I would not hurt him.

Q. Do you not know Jones is upon bail now? - A. Yes.

The prisoner left his defence to his counsel.

NOT GUILTY .

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

Reference Number: t18000115-42

112. WINIFRED EWBANK and JOHN EWBANK were indicted, the first for feloniously stealing, on the 21st of December , a silver watch, value 5l. two gold seals, value 20s. and a silk ribbon, value 1d. the property of Conrade Lehdenburg ; and the other for receiving the same goods, knowing them to have been stolen .

CONRADE LEHDENBERG sworn. - I live with his royal highness the Prince of Wales, as a baker ;

On Saturday night, the 21st of December, between nine and ten o'clock at night, I lost my watch; at the corner of Princes-street, Leicester-square, I met the prisoner, and went home with her; I staid about ten minutes, and I put my watch on the table, near the looking-glass; she was in a very great hurry, and told me she expected somebody; I left my watch, and forgot it, and went down stairs; in about ten minutes after I returned to the house again; but I could not find out the number; she told me it was No. 65, and it was No. 87; I found it out quite by chance, and went up stairs; when I came into the room, the prisoner asked me what I came for; I said, I want the property that I left here, my watch; she said she had seen no watch; she denied it, and the man too; there was nobody in the room but the woman when I was there before; he said, if I did not go out of the house directly, he would make me; he took up the poker, and was going to knock out my brains; he held it up, and then I went away; on Sunday morning, between nine and ten o'clock, I went in at the shop-door of the same house, and the woman was there; I told her if she would let me have the watch back again, I would make her a present of a guinea; but she said she had seen no watch; about two minutes after that the man prisoner came and ran after me; and I left the house, for fear he should kill me; on Monday morning I went to Bow-street, and took two officers with me to the house where the prisoners were; I have seen the watch since at Bow-street; it was a silver alarumwatch, and two gold seals to it.

Cross-examined by Mr. Knowlys. Q.What countryman are you? - A. A German; from Navarre.

Q. Are you a married man? - A. No.

Q. You learned that this woman was a married woman? - A. Yes.

Q. Did she not tell you that the person she expected at home, was her husband? - A. No; only that she expected somebody.

Q. Did it not turn out to be the most aukward person in the world; was it not the husband? - A. Yes.

Q. Did the husband, when you came to enquire for his wife as a woman of the town, threaten to beat your brains out? - A. Yes.

Q. And when you talked of the watch, did he not say you should have no watch from that house? - A. No; he insulted me very much.

Q. If I had done to your wife what you had done to his, would not you have knocked my brains out, if you could have laid hold of me? - (The witness gave no answer.)

Q. I suppose you do not mind these things in Germany? - A. She was in that business.

Q. You do not mind these things in Germany? - A. I cannot give any answer to that.

Q. You left the watch upon the table yourself? - A. Yes.

Q. And ran away, for fear of this somebody? - A. I did not run away.

Q. When she told you she expected somebody disagreeable, you brushed off, did not you? - A. Yes.

Q.Pray how much did you pay for this crim. con. for which many a man has paid five thousand pounds? -

Court. You are not obliged to answer that question.

A pawnbroker sworn. - I received the watch and two gold seals from the prisoner, John Ewbank; at the same time he redeemed two coats for one guinea, on Monday the 23d of December, in the morning.

JOHN COCKIN sworn. - I am an officer; I belong to the Public office in Bow-street: On the 23d of December the prosecutor came to the office, and me and Jones went with him to a house in Wardour-street , where the prisoners lived; I went up one pair of stairs into the front room; the woman was at home; the prosecutor said that was the woman that had got his watch; I desired her to put what she had in her pockets upon the table, which she did, but there was nothing found; I stopped there about half an hour, and the man came home; the prosecutor then said that was the man that had threatened to beat his brains out with a poker; I asked him for his pocket-book, and he gave it me directly; a one-pound note and three seven-shilling pieces I took out of his pocket; I then told him he must go with us to Bow-street, which he said he was very willing to do; after they were examined the man was locked up, and Jones came over the way with the woman; I had occasion to go over to the office; when I came back I was informed that the duplicate was at home; I went back with the woman, and found it in the room behind a picture; the woman gave me the picture herself; it was placed between the backboard and the print. (Produces it.)

Prosecutor. This is the watch I left in the room.

Both NOT GUILTY .

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

Reference Number: t18000115-43

113. JOHN BROWN and JOHN SADLER were indicted for breaking and entering the dwelling-house of Edward Siney , about the hour of two in the night of the 10th of January , and stealing a silver table-spoon, value 13s. four silver teaspoons, value 13s. one hundred and twenty-six penny-pieces, two hundred and fifty-nine halfpence, three farthings, a quarter of a pound of tea, value 1s. 6d. an ounce of rhubarb, value 6d. a base metal

salt-holder, value 1s. and two wooden drawers, value 2s. the property of the said Edward .

EDWARD SINEY sworn. - I keep a public house at London-wall, the Three Colts : On the night of Friday, the 10th of this month, about two in the morning, my house was broke open; Mary Bean , a servant girl, was the last person up in the house; after the watch had gone two, I heard the bar-door go; I was very much alarmed; I got up, and heard a lady in pattens coming from Bishopsgate-street way; I opened the window and looked out, and it was a lady and two gentlemen; I desired them to try my door, and they did, and it was open; then I came down stairs, and found the outer door burst open; I looked about, and found there were two tills gone from the bar, one with halfpence, and the other with penny-pieces; and in the morning I found four tea-spoons and a tablespoon gone from another drawer; some tea and some rhubarb; the next day I saw it again before the Magistrate, and knew it immediately.

MARY BEAN sworn. - I am servant to Mr. Siney; I was the last up in the house the night of the robbery; it was this day week, in the morning; I saw every part of the house, all the doors and windows fastened up; I went to bed about twelve o'clock; I came down about eight o'clock in the morning; there are two staples to the door, and both of them were wrenched off, and then they must have jumped over the counter to get into the bar; I missed four tea-spoons, a silver table-spoon, a quantity of halfpence and penny-pieces, a quarter of a pound of tea, and some rhubarb; I believe I had seen Brown at our house the beginning of the spring, but not lately.

JOHN DENNIS sworn. - I am a patrol: This day week in the morning, I saw the two prisoners at the bar walking together, about half past two o'clock; as soon as I came up to Brown, Sadler crossed the way from him; I laid hold of Brown, and asked him what he had got in his hand; he made me no answer; I told the prisoner Sadler to follow him, he did so; then I took them both to the watch-house in Giltspur-street, and searched, and inside his shirt I found four tea-spoons and a table-spoon, and in his pocket I found a metal salt-cellar, a piece of rhubarb, and a parcel of tea; I asked him where he got them; he said he found them in the ruins in Jewin-street, in a bundle; I asked him why he concealed the spoons; he said, because they should not make a noise in his pocket; I asked him if Sadler was with him when he found them, and he said he was; Sadler denied being in company with him: I have kept the things ever since.

- BREWSTER sworn. - I am a patrol: Me and my partner were going round about half past two o'clock, with John Dennis ; I know no more of it than he does; the account he has given is a true one; Brown and Sadler were in company, talking together, before we stopped them.

CHARLES MORRIS sworn. - I am a watchman: I found the two till-boxes about three o'clock, and two iron crows upon a dunghill, near where the drawers were, about a dozen yards from Mr. Siney's. (Produces them.)

Q. How far did you take them, from Mr. Siney's? - A. About half a mile.(The property was deposed to by the prosecutor and his servant.)

Brown's defence. I was coming along Jewin-street, and saw the bundle lying upon the ruins; I opened it and took out the spoons, and put them in my bosom, and the patrol stopped me.

Brown, GUILTY Death . (Aged 22.)

Sadler, NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t18000115-44

114. JOHN THOMPSON was indicted for feloniously stealing, on the 8th of January , a shawl, value 17s. the property of Robert Wreaks and Rees Price , privately in their shop .

ROBERT WILBERFOSS sworn. - I am an assistant in the house of Wreaks and Price; their names are Robert Wreaks and Rees Price : On Wednesday the 8th of January, the prisoner at the bar, a woman, said to be his wife, and another old man, came into the shop, about four o'clock in the afternoon, to look at some prints; I was engaged with a customer in the shop; the prisoner leaned himself down upon the counter, and gave his opinion of the different prints, and pointed to some upon a pile behind the pillar, I was taking some from them; upon shewing one, he said that was the kind that he approved of; I then observed him in the act as though he was putting something inside his waistcoat; I took hold of the top of his waistcoat, and said, what, have you not got something there that you fancy; he was not above a yard distant from where the shawl laid.

Q. Had you no suspicion then that he had taken something? - A. No; I tore down his waistcoat, and found the shawl of the prosecutor; I know it to be the same, we have some of the same kind, and it was of a peculiar fine fabric; it is worth seventeen shillings, I would give that for it.

THOMAS SAPWELL sworn. - I am a constable of Bishopsgate Ward, (produces the shawl); I received it from Mr. Price, one of the partners.

Wilberfoss. This is the same shawl.

Prisoner's defence. I was very much intoxicated with liquor, I was insensible at the time.

For the Prisoner.

CHARLES WRIGHT sworn. - I live at No. 8, Broker's-row, Moorfields: On the 8th of January, the prisoner came with his wife, and another man, about two o'clock, and purchased a bedstead; he asked the price of the bedstead, he was only asked a guinea and a half, and he said he would give me thirty-five shillings, and insisted upon treating me with a glass of rum, and they had a glass of rum a-piece.

THOMAS PELLING sworn. - I am carpenter of his Majesty's ship the Enterprize; the prisoner was carpenter's mat e, he has been under my direction four years; when he has had a little in a morning(I have known small beer get into his head) I have been obliged to use means that I should not have wished to have done.

Wilberfoss. The prisoner certainly was in liquor, and said he should plead the privilege of an Englishman; he said, it was of no use to stop him, he was a better man than Mr. Price; his wife said, she could not concieve what could induce him to do it; he said, it was of no consequence at all.

Pelling. I told him, the day after he was paid, that he should not go on shore; and he said he would go on shore, he would ask the captain for liberty to go on shore, and he sent his wife to the captain, and she got leave for him; I told him he was too stupid to go on shore, and if he did, he should leave his money with me.

GUILTY (Aged 40.)

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

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t18000115-45

115. JAMES-BLACKMAN SNOOK was indicted for feloniously stealing, on the 15th of November , a gelding, value 9l. the property of Thomas Somerset .

THOMAS SOMERSET sworn. - I am a farmer , at Bird-farm, Preshute, near Marlborough : I lost a gelding from the grounds near my house; the last time I saw him in my grounds was the 1st of November, I found him again on the 1st of December, he was brought to my house; one of my men saw him on the road; the person that brought him to me was Mr. Powell; one hip was rather lower than the other, he had a star in his forehead, and a little snip of white below the nose; it was a black gelding, a saddle-horse.

Q. Did you ever see the prisoner near your house? - A. No.

Cross-examined by Mr. Knapp. Q. You lost your horse? - A. Yes.

Q.Whether it was stolen out of the field, or strayed, you do not know? - A. No.

RICHARD POWELL sworn. - I am servant to Mr. Marsden, a horse dealer, in the Curtain-road: I was sent with this horse, and twelve more, to Bath, for the Cinque Port Fencibles; I slept at Marlborough on the last day of November, and on Sunday, the 1st of December, I was going forward with my horses to Devizes, when one of Mr. Somerset's men stopped the little black horse, and owned it, he said he was bred there; I said, if he was bred there he would certainly go home; I took the halter off, and he went home to Mr. Somerset's up to the stable-door, and I followed him.

Q. Is the Curtain-road in the City of London? - A. I cannot say.

JAMES LANGHORNE sworn. - I keep the City Repository in Barbican: This horse was brought to our house on Friday November the 15th, but I cannot say who brought it; it was put up by auction and not sold; after which it was sold at private sale to Mr. Bishop, for nine pounds; I think I saw it delivered to Mr. Bishop's man; and on Monday, the 18th, the prisoner at the bar came and demanded the balance arising from the sale of his horse, which I refused to pay him, till he produced a voucher, or I had made some inquiry relative to his character; he gave me several references which were not at all satisfactory; he then gave me a reference to a Mr. Chancellor, in my neighbourhood, and in consequence of his account of him my suspicions were conquered, and I paid him the money, eight pounds six shillings.

Cross-examined by Mr. Knapp. Q. Who this horse was left by you do not know? - A. No; the entry was in the name of Blackman.

Q. Did you ever see the horse in the possession of the prisoner? - A. I never did.

Q. Are any of Mr. Bishop's men here? - A. I really do not know.

Q. It was three days after before you paid the money? - A. Yes.

JOHN BISHOP sworn. - I am a horse-dealer: I bought a gelding on the 15th of November, of Mr. Langhorn, and on the 17th, or 18th, I sold it to Mr. Marsden, and delivered it to him.

Powell. I was at home when the horse was brought from Mr. Bishop's by his man.

WILLIAM- THOMAS HOLLINGSWORTH sworn. - I am foreman to Mr. Langhorne: The horse was brought to our house on the 15th of November, and sold to Mr. Bishop for nine pounds; it was booked in the name of Blackman, our book is not here; I delivered him to Mr. Bishop's man the same evening; on the Monday the prisoner at the bar came for the money; my master came out of the accompting-house, after having been there some time, and ordered me to get a horse, and go to the Golden-canister, in Portland-street, to inquire the prisoner's character; I went, but got no

satisfactory answer; after that, the prisoner went with me, from our yard, to Mr. Chancellor's, and he gave him a very good character; Mr. Chancellor said his name was James Snook ; I told him the check was drawn James Blackman, and I would take it back to my master; the prisoner said he was christened James Blackman Snook ; and then my master wrote a check in the name of James-Blackman Snook, and the prisoner took his money.

Cross-examined by Mr. Knapp. Q. Were you present at the time the horse was brought to your yard? - A. No; it was brought by a stranger that the ostler at the Maiden-head, in St. Giles's, sent it with.

Q. You never saw the horse in the possession of the prisoner? - A. I never did.

Q.(To Bishop.) What time was it that your servant delivered the horse to Marsden? - A. On the Sunday about twelve o'clock.

Hollingsworth. I took the prisoner the very next day, after my master heard of the horse being stopped, somewhere about the beginning of December, at No. 1, Portland-street, he lodged there; when we were coming out, Mr. Langhorne asked him if he remembered receiving the money for a black horse, on the 18th of November; he said he did; Mr. Langhorne then informed him that it was a stolen horse; he said he would give us information where he got the horse, but he must step home to his wife first; then I walked after him, to see that he went to his house, and, instead of going to his house, he ran through the passage, caught hold of the back door, and kept me in the house; I recollected the next house, and got over the wall; by that time he had got out of his own yard to the next premises, over another wall, and was trying to get in at the back part of the house, but the door was fast; I asked him why he ran away, as he told me he could tell the person that he had the horse of; I told him he had better go with me; he said he would if I would let him go over the wall, which I did; and then he gave a spring from me, and went over a number of back premises, and I after him; he then got into the farmer's yard, and when he got there the back door was open, and he went through the house, and I after him; at last he ran into a butcher's shop, and there I took him; I am sure he is the same man.

Mr. Knapp. Q. Did you mention one word of this before the Magistrate? - A. Yes, I did.

Q. Are you sure of that? - A. Yes.

Q.Were you bound over by the Magistrate? - A. No.

Q. You told the same story you have told to-day, and yet the Justice did not bind you over to give evidence here to-day? - A. No.

Q. You have not been talking to any body about it, have you? - A.Not to my knowledge.

Q. Do you know that gentleman, Mr. Gould? - A. Yes.

Q. Have you had any conversation with him? - A. No, not to-day.

Q. During the sessions, in the yard? - A. No; I have never seen Mr. Gould; I saw him in our yard before the Sessions began, and Mr. Gould was in the yard when we came home from apprehending Snook.

Q. Have you had any conversation about a forty pound reward, if this man is convicted, and that you should have a good part of it? - A.Not to my knowledge; I never took a man in my life before; I did not take him for a forty pound reward; I took him for my master's security.

Q.Had you no conversation with Mr. Gould, about a forty pound reward, that you were to get a good part of? - A. I do not recollect any thing of it; Mr. Gould may come forward, and talk about it, but not to my recollection.

Prisoner's defence. I never stole a horse in life; the rest I leave to my Counsel.

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

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t18000115-46

116. RICHARD LLOYD was indicted for feloniously stealing, on the 23d of December , a pair of leather breeches, value 2s. the property of John Fletcher .

JOHN FLETCHER sworn. - I am a ploughman ; the prisoner is a stranger to me; I live along with John Kidney , at Harrow-hill ; I lost a pair of breeches out of a corn-bin, in the stable; I missed them on Monday morning, the 23d of December, about seven o'clock, and the prisoner was taken on Christmas day; I saw them again, at a place called Wembly; they were left at a farm-house there, by the prisoner; I saw them shot out of a sack on to the Green; they were left there after the prisoner was taken, and was carried next day before the Justice.

WILLIAM MIDDLETON sworn. - I am a labouring man; I took the prisoner with the things on his back, I never saw him before; the prisoner is the man; I took him on Sunday evening the 22d of December, about eleven o'clock, about two miles and a half from Harrow, about a quarter of a mile from Mr. Kidney's; I was in search after a mare that I had lost, and overtook him, I suspected him, and stopped him; he had a sack upon his back, containing a quantity of chain and old iron, and these breeches; I took them to

Wembly green, to a farm-house there, and turned them out; I have had them in my possession ever since. (Produces them; they were deposed to by Fletcher.)

Prisoner's defence. I picked them up in the middle of the road as I came along.

GUILTY (Aged 50.)

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

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

Reference Number: t18000115-47

117. MARY HOWE was indicted for feloniously stealing, on the 24th of December , a purse, value 1s. 6d. two half-crowns and five shillings, the property of Francis Budd , privily from his person .(The case was opened by Mr. Alley.)

FRANCIS BUDD sworn. - I am a journeyman tailor : I had been at supper and dancing, at my master's, till four in the morning of the 24th of December; the prisoner accosted me in the Hay-market ; I went a little way with her, she took me round the waist with one arm, then she closed me with both arms; I was with her about four minutes, as nigh as I can tell; I gave her no money; after she left me, I turned myself round to the wall to make water, I missed my purse, I searched all my pockets round; I had felt my purse when I came out of my master's house, not half an hour before that; I had not spoke to any body in the street before I met the prisoner, then I gave an alarm, and a Mr. Crowde spoke to me, and in consequence of that, Mr. Crowde and I went down the Hay-market, and my friends, who had been at supper with me, went the other way; Crowde and I came down as far as the Cannon Coffee-house, and there I saw the prisoner at the bar; I spoke to her, and asked her if she had not spoke to me before, and she denied it; I immediately spoke to the watchman, and gave her in charge; I took hold of one arm, and the watchman the other, and as we were going up St. Martin's-lane, she endeavoured to get her hands together, gathering up her silk cloak into her hands, and we found the purse in the bottom corner of the cloak; when we got to the watch-house, I opened the purse, and it contained, two half-crowns, and five shillings; the value of the purse was about 1s. 6d. she went down upon her knees, and begged my pardon, and she would never do so to me, nor any other person.

Q. Can you swear to the money? - A. No, I cannot.

JAMES CROWDE sworn. - I never saw the prosecutor till that morning; I was present when the prisoner was apprehended; going up St. Martin's-lane, he told me she was trying to put the purse into his hand; when she got to the watch-house, she begged for mercy.

Prisoner's defence. I picked the purse up just by the play-house, and when he said he had lost it, I gave it him directly.

GUILTY . (Aged 39.)

Of stealing, to the value of 10d.

Transported for seven years .

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

Reference Number: t18000115-48

118. FRANCIS WILKES was indicted for feloniously stealing, on the 22d of December , a cotton gown, value 5s. a muslin apron, value 1s. a pair of cotton stockings, value 1s. a stuff skirt, value 6d. and a muslin cap, value 1s. the property of Margaret Riley .(The prosecutrix not appearing, her recognizance was ordered to be estreated.)

NOT GUILTY .

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

Reference Number: t18000115-49

119. WILLIAM FIELDING was indicted for that he, on the 21st of December , upon Floyer Bulstrode , Knight , maliciously and feloniously did make an assault, and with menaces, and in a forcible and violent manner, did demand two guineas of him, the said Floyer, with a felonious intent, from the person, and against the will of the said Floyer, feloniously and violently to steal, take, and carry away .(The indictment was stated by Mr. Knapp, and the case by Mr. Knowlys; but the evidence was of too indecent a nature to meet the public eye.)

GUILTY . (Aged 22.

Transported for seven years .

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

Reference Number: t18000115-50

120. WALTER-KENWICK JONES was indicted for feloniously stealing, on the 11th of December , four silver tea-spoons, value 6s. a silver milk-pot, value 10s. a plated table-spoon, value 1s. a guinea, a seven shilling piece, and 1s. the goods and monies of Ann Mason , widow , in her dwelling-house .

ANN MASON sworn. - I am a widow; I keep a house on Saffron-hill ; I keep but one room myself, I let the rest out in lodgings; I went out on the 11th of December, about eleven in the morning; and when I came home, the lodger below said, she wanted to speak to me; I went up stairs, and found the padlock had been unlocked, and I opened the door, and saw my clothes about the room; one of the drawers was broke open; I found I had lost four tea-spoons, a silver milk-pot,

a plated table-spoon, a guinea, a seven shilling piece, and some silver, but how much I cannot say; I can speak to one shilling that was in the drawer; I had seen them on the Sunday preceding, this was on the Wednesday; the prisoner had lodged with me thirteen months; when the prisoner came home, I took him up; he asked me how I could suspect him; I said, I had reasons for it; the constable found some money, but no other property about him.

ANN BROMWICH sworn. - I lodge at Mrs. Mason's, in the lower part of the house: On the 11th of December, about four o'clock, I heard a hustling noise up stairs, in Mrs. Mason's passage, upon the landing-place, up one pair of stairs, which joins Mrs. Mason's room; I heard a noise like the unlocking of a door; I began putting a sheet upon the mangle, and I heard a great noise up stairs, which alarmed me very much; I then heard Mrs. Jones run down stairs as hard as she could run, from Mrs. Mason's passage; she lived up in the two pair of stairs, and asked me if I knew where Mrs. Mason's pale was; I said, no; Mrs. Jones, you know you broke it a day or two ago, then she recollected it; then she asked me several questions, about the price of bread, and other things; I heard a noise, like an attempt to unlock a lock, going all the time that she was in conversation with me; I heard a little girl upon Mrs. Mason's landing-place, say, Mr. Jones, how you frightened me; and he said, did I, Debby; the child said, Mrs. Jones, your husband stands in the passage without his shoes; I am sure he must have heard her say that; she said, I clapped my hand upon his foot, and I thought it was little pussey; there was a little white cat used to run about the house; I am sure it was the prisoner's voice; I did not make an alarm because I was alone by myself.

ANN CARPENTER called. - Q. How old are you? - A.Eleven.

Q. Have you learned your catechism? - A. Not all of it.

Q.What becomes of persons who do not tell the truth, after they depart this life? - A. They will go to the wicked man.

Q.Who do you mean by the wicked man? - A. The devil. (She is sworn.)

Q. Do you know any thing about this robbery? - A. No; I can speak to a shilling that my godmother, Mrs. Mason, lost; she and I were comparing it, with another, some time ago, that I had in my pocket; the head of the shilling was close to the edge.

Q. What King's head was upon it? - A. Queen Anne, and it was not round; the edges were plain.

Mrs. Mason. The last witness and I were looking at the shilling, and comparing it with one of her own, for, I dare say, ten minutes; her's was a Queen Anne's shilling, and she was comparing it with mine, and saying it was a much finer one than mine, because mine was so much worn.

WILLIAM CHAPMAN sworn. - I am an officer belonging to Hatton-garden: I apprehended the prisoner on the night of the 11th of December; a little after twelve o'clock at night I was called up; he came home about two; I searched him, and found some money about him; (the gold the Magistrate ordered me to return to him.) (Produces it.)

Mrs. Mason. This Queen Anne's shilling, I am very certain, is mine.

Carpenter. This is the same Queen Anne's shilling; it is not round, and the head is very close to the edge; this is the shilling that I had, and compared with my godmother's; (Producing it; they are both shewn to the Jury. The prisoner produced four Queen Anne's shillings for the Jury to compare with them.)

Court. (To Carpenter.) Q. Look at these six shillings, and see which of them is your godmother's? - A. This is it. (Pointing to it.)

Court. She has certainly picked out the right one.

Court. (To Mason.) Q.Look at these six shillings, and pick out your own? - A.This is it.

Court. She has picked out the same shilling; I put a mark upon it by which I could know it.

Prisoner's defence. It depends entirely upon that shilling; you gentlemen are in the habit of trade, of receiving money every day; and you will be able to judge whether she can swear to it or not.

GUILTY (Aged 29.)

Of stealing goods, to the value of 39s.

Transported for seven years .

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

Reference Number: t18000115-51

121. THOMAS BIRCH was indicted for feloniously stealing, on the 10th of December , eight shirts, value 2l. 2s. two shifts, value 14s. five pocket-handkerchiefs, value 8s. seven night-caps, value 11s. a breakfast-cloth, value 1s. 6d. a napkin, value 1s. 6d. a pair of drawers, value 2s. a pair of pockets, value 6d. a flannel petticoat, value 1s. a shawl handkerchief, value 1s. 6d. a bed-gown, value 1s. a counterpane, value 1s. 8d. a cloth cloak, value 6d. and three pocket-handkerchiefs, value 1s. 6d. the property of Mary Blanchfield , in the dwelling-house of Thomas Blunt .

MARY BLANCHFIELD sworn. - At the time I was robbed, I lived at No. 13, Holborn ; I lodged up three pair of stairs; my landlord's name was Thomas Blunt: I lost the articles mentioned in the indictment; I am a washerwoman ; I was in the wash-house; I hung up eight shirts wet upon

the line to dry; I went up stairs; I put my hand in my pocket for the key, and the prisoner opened the door in my face; he was inside the room; this was about four o'clock in the afternoon; I up with both my hands, and collared him; he said, d-n your eyes, what do you want with me; he got loose from me, and ran down stairs; I ran after him, and cried stop thief; he was stopped in the street by a man that he made a blow at; I never lost sight of him; that man is not here; when I went into my room, I found the property all gone; I had left every thing in its place about an hour before; in about ten minutes after the prisoner was taken, I went into the room and found a bundle behind the door, tied up in a handkerchief, containing a bed-gown, a child's petticoat, a counterpane, three pocket-handkerchiefs, and some other things; I have found nothing since but what was in that handkerchief; the shirts and the foul linen were entirely gone.

Q. Did you see any other man about the premises? - A. No; the prisoner was searched, but nothing found upon him.

Cross-examined by Mr. Knapp. Q. This is a common lodging-house, is it not? - A. Yes.

Q. How many different persons lodge in the house? - A. Only one family; his name is Thomas Kent .

Q. And there is Mr. Blunt, you know? - A. Yes, he lives below.

Q. You never saw the prisoner before? - A. No.

Q.Whether he was acquainted with Kent or Blunt, you do not know? - A. No.

Q. Therefore whether he came to see either of them you cannot tell? - A. I cannot; I found him in my room.

Q. On the 10th of December, at four o'clock, I should think it would be dark? - A. No, it was not; I could see his face very plainly.

DANIEL ANDREWS sworn. - I am a hairdresser: I heard the cry of stop thief; I went into Gray's-inn-lane, when I saw Mrs. Baker lay hold of the prisoner; I did not see him come out of the house; he was searched, but nothing found upon him.

THOMAS CREMIERE sworn. - I am a carpenter; I work for Mr. Blunt; I lodge upon the same floor where Mary Blanchfield lives: I went up stairs for a saw, and as I was coming down stairs, I met the prisoner going up; after I had been down about a quarter of an hour, cutting some wood in my master's yard, I met the prisoner near the bottom of the stairs, coming down again; he was walking very leisurely.

JOSEPH INWARD sworn. - I am an officer belonging to the Police-office, Hatton-garden: When the prisoner was brought to the office, this bundle was given into my care. (Produces it; they are deposed to by the prosecutrix.)

ANN BLANCHARD sworn. - I am sister to Mrs. Blunt: I heard Mrs. Blanchfield scream, and she immediately gave me the key of her door, and begged I would go and lock it; she went after the man; I went up stairs and found these things, and this silk handkerchief, left tied up behind the door in the room.

Prisoner's defence. I saw a vast concourse of people running down Gray's-inn-lane; I ran with the rest, and I fell down, and they laid hold of me.

The prisoner called one witness, who had known him six or seven years, and gave him a good character.

GUILTY of stealing goods, value 4s . (Aged 33.)

Transported for seven years .

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

Reference Number: t18000115-52

122. JOSHUA PALMER was indicted for feloniously receiving goods, (which John Hall , Peter Chapman , and Joseph Jones had been convicted of stealing,) knowing the same to have been stolen .

***See the indictment of Hall, Chapman, and Jones, page 88.(The indictment was stated by Mr. Knapp, and the case by Mr. Knowlys.)(The record of the conviction of John Hall, Peter Chapman, alias Harry Read , alias Harry Kirk , and Joseph Jones , produced and read.)

THOMAS LAYCOCK sworn. - Examined by Mr. Knapp. I live in the Minories : On Friday morning, the 1st of November, my house was broke open; I had seen every thing fast the night before; I had lost a great many articles of property, to the value of two hundred and ten pounds; we found an iron crow upon the premises which corresponded with the marks upon the door.

ROBERT SALMON sworn. - Examined by Mr. Knapp. I am a hackney-coachman: On the 31st of October, I drove the coach, No. 66; between twelve and one at night I was hired by the prisoner Hall; I was standing in the Minories; Jones and Chapman were with him; I was hired to go to near the top of Crown-street, Finsbury-square; they told me it was to take some smuggled goods; I went to Crown-street; it was near four o'clock at that time; they took three bundles out of the coach, and I saw a crow taken out.

Q. Whose house was it, in Crown-street? - A. A person of the name of Batt; they took the bundles into the house, and the crow; then I went away; I afterwards went with the officers to the house, and shewed it to them; two of them were then taken in the house.

MARY BATT sworn. - Examined by Mr. Knowlys. On the 1st of November last, I lived at No. 19, Crown-street, Finsbury-square.

Q. Do you know the three men who were tried on Thursday last? - A. Yes; they came to my house about five in the morning, as nigh as I can recollect; they came, I believe, in a coach; I heard a coach stop at the door; they had several bundles with them.

Q. Did you see either of them with a crow? - A. I cannot recollect; they left the bundles in the house.

Q. Do you know Mr. Palmer when you see him? - A. Yes; that is him. (Pointing to the prisoner.) I saw him in the evening of that day, the 1st of November; he came to our house about these things; Jones was with him; Palmer and Jones went up three pair of stairs, where the goods were; I heard Mr. Palmer bid fifteen guineas, that was all that I heard; they staid together about half an hour, as well as I can recollect; the goods remained till the Sunday evening following; there was a promise of half-a-guinea from Palmer to take care of the goods.

Q. Do you know that, of your own knowledge? - A. No, my husband told me so; they were then removed to Mrs. Boreham's.

Cross-examined by Mr. Garrow. Q. All that you know, with respect to this business, is, that he offered fifteen guineas? - A. Yes.

Q. And then he went away, and there was no agreement made? - A. None at all.

Q. He was not present when the goods were removed afterwards, or any thing done respecting them? - A. No, he was not.

Q. Your husband is not here, is he? - A. No.

Q. Where is he? - A. I do not know.

Q. It would not be very safe to trust to any thing he says, because he is a man of infamous character? - A. He always worked very hard for his living; I have been in prison ten weeks.

Q. Were you married before your husband was here last time? - A. I have been married twenty-four years.

Q. You were married to him before he was here? - A. He was here through being very much distressed.

Q. Is he the same man who was convicted here of coining? - A. He was my husband.

Q. I do not know whether the last time was for putting the stamp of his Majesty's head upon a dollar? - A. I had nothing to do with that.

CHARLES SANSUM sworn. - Examined by Mr. Knapp. I am one of the city constables: I went to Mr. Batt's house on Monday, the 4th of November, in Crown-street; I searched the house; in the front room, up one pair of stairs, where I saw Hall and Chapman, I found this piece of paper with a piece of check upon it, and a ticket with some writing upon it; then I went up stairs into Batt's work-shop in the garret, and there I found this head of a piece of cloth with a ticket upon it, and I found an iron crow.

Q. The same things you produced upon the last trial, you produce now? - A. Yes; and in the bed-room I found a pocket-book; (produces it;) I went to Mr. Palmer's, on Safforn-hill, and searched his house, but I found nothing there; he was at home; Mr. Smith, Mr. Fearnley, and Mr. Laycock were with me when I was examining Mr. Palmer's papers and drawers; I said to him, you deal largely in this way; no, says he, I do not know; says I, you are one of the first going now; he told me, if he did, he did not do any at home; in coming along in the coach, I think he said, he might have had them, but he did not.

Q. Did he say what? - A. No; I told him that I was well convinced he had had the whole of them.

Mr. Garrow. Did you understand him to mean that they had been offered to him, but he had refused them? - A. Yes.

- FEARNLEY sworn. - Examined by Mr. Knowlys. I am a salesmam and slop-seller: I was present at the search of Palmer's house, with the prosecutor and several officers; after we had been in the house some time, one of the officers said, Mr. Palmer, you do a great deal of business in this way, you are almost one of the first; the reply that Palmer made was, that he did business, and seemed to signify in the way that the officer meant; but that he never did it at home.

Cross-examined by Mr. Garrow. Q. Those are the very words, are they? - A. I cannot take upon myself to be positive.

Q. Was it not, if I do, I never do it at home? - A. I cannot say.(The articles produced by Sansum were deposed to by Mr. Laycock.

ELIZABETH JONES sworn. - Examined by Mr. Knapp. Q. You lived with Jones, who has been convicted? - A. Yes.

Q. Do you remember at any time receiving any paper from your husband? - A. Yes; on the 2d of November.

Q. What sort of a paper? - A. I do not know, I am sure; I am no scholar.

Q. Look at this paper, and tell me if it was like it? - A. I cannot say; I cannot read or write.

Q. What did you do with that paper? - A. I left it with Mrs. Williams, on the Sunday morning.

Court. Q.Was it a paper of that size? - A. Yes.

ANN WILLIAMS sworn. - Examined by Mr. Knowlys. I live at No. 1, Duke's-court, Crown-street, Finsbury-square: I received a paper from Mrs. Jones on Sunday morning, the 3d of Novem

ber, about eleven o'clock, she desired me to keep it for her till Monday morning; she was going out to dinner.

Q. Look at that paper attentively? - A. I cannot write; but there was Lombard-street at the top, and, to the best of my knowledge, there was Palmer at the bottom.

Q. Do you recollect for what sum it was? - A. Yes, for ten pounds ten shillings; I am very clear of it, for I keep a coal-shed, and take many notes; she gave it me in a little box, I took it out and looked at it, and put it into a drawer, which is locked up.

Q. Had you any other paper in that drawer? - A. No; I had not one note at the time; on the Monday morning it was called for between light and dark, early in the morning, I was in bed.

Q. Were you able to hear the voice of the person who called for it? - A. Yes, it was Mr. Jones.

Q. The same Mr. Jones who has been convicted for this offence? - A. Yes, the same man; I called to my little boy, and gave him the keys to get at it.

ROBERT WILLIAMS called. - Q. How old are you? - A. Twelve.

Q. Is it a good thing or a bad thing to tell a lie? - A. bad thing.

Q. Do you know your catechism? - A. Yes.

(He is sworn.) - Q. Do you know Mr. Jones? - A. Yes; he called one Monday morning, at my mother's, for a note that was left; I went to the drawers and got the note, and gave it to him; my mother gave me the keys.

Q. Do you know if that is the same note? - A. I did not see it, it was in a little box; I gave him box and all.

FRANCIS SMITH sworn. - Examined by Mr. Knapp. I am clerk in Messrs. Esdaile's house.

Q. Do you know the prisoner? - A. I have some flight knowledge of him.

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

Q. Look at that check - is that Palmer's handwriting? - A. It is, or I should not have paid it; his are all drawn payable to numbers; I paid it on the 4th of November.

Cross-examined by Mr. Garrow. Q. It is a very common thing to draw payable to numbers? - A. We pay more to names than numbers.

Mr. Garrow. I have drawn many myself payable to numbers.

Prisoner's defence. I am totally innocent.

GUILTY . (Aged 50.)

Transported for fourteen years .

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t18000115-53

123. JOHN HOW and BRYAN CALLIGAN were indicted for feloniously stealing, on the 30th of December , three Spanish mahogany boards, value 5l. and three Honduras mahogany boards, value 2l. the property of Thomas Hacker .

THOMAS HACKER sworn. - I keep a timber-yard in Bunhill-row, St. Luke' s; the prisoners were in my employ about two yeare ago; the timber was in a shed occupied by a Mr. Davis, I had bought it of him: On the 30th of December, in consequence of the information of Mr. Davis, I went to the place from whence it was taken out; I found a piece of board taken down, a part of the enclosure, there we found a mahogany board, the fellow board with the one that was found at the watch-house; afterwards we went from that place to the watch-house, and there we found it; in the mean time the other board was taken away; in consequence of further information, I went to Mr. Wells's, where I saw some of my mahogany sawed into veneers. In consequence of what Calligan said before the Magistrate, a warrant was issued to apprehend How; I lost three Spanish mahogany boards, and three Honduras mahogany boards; I am certain that the boards I saw at Well's were mine; the board that I first saw was at the watch-house.

- DAVIS sworn. - I sold this wood to Mr. Hacker, it was left in a shed of mine: I went to Guildhall the next day after this happened, and saw a mahogany board that had been mine for many years.

THOMAS ESSINGTON sworn. - I am a watchman, (produces a board); I was going along about half past nine o'clock, and saw Calligan, and another man, carrying a board along, I let him go past; I then pursued him, and the other man ran away; I do not know who he was, I stopped Calligan with the board; I sent to the watch-house for a patrol, and secured him.

Davis. This is the same board that I sold to Hacker; I can single it out from thousands.

Hacker. I can swear to the board being mine.

The prisoners in their defence denied having any knowledge of it.

Calligan, GUILTY . (Aged 32.)

Whipped in the jail, and discharged .

How, NOT GUILTY .

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

Reference Number: t18000115-54

124. JOHN THOMPSON , alias JONES , and JAMES JACKSON , were indicted for feloniously stealing, on the 6th of November , a Bank-note, value 15l. and another Bank-note, value 10l. the property of Adam Cameron .

There being no evidence to identify the notes, the prisoners were Both ACQUITTED .

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

Reference Number: t18000115-55

125. CHARLES BROWN was indicted for that he, on the 8th of January , being employed by James Sutton , in the capacity of a servant, did, by virtue of such employment, take into his posession three guineas for the use of the said James Sutton ; and did afterwards embezzle, and make away with the same .

Second Count. For feloniously stealing, on the 8th of January, three guineas, the property of the said James.

Third Count. For feloniously stealing, on the 8th of January, three guineas, the property of John I'Anson .

There being not a little of evidence to prove an embezzlement, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t18000115-56

126. JOSEPH MOORE was indicted for feloniously stealing, on the 5th of December , a pewter pint pot, value 1s. 6d. the property of William Buckmaster .

WILLIAM BUCKMASTER sworn. - I keep a public-house at Staines : On the 5th of December, I was sent for, and shewn the property; the prisoner is a master breeches-maker in Staines; he was a customer of mine, he had beer of me the day before.

Cross-examined by Mr. Knowlys. Q. He has been a customer of your's for many years? - A. Yes.

JOSEPH BRIDGE sworn. - I am a plumber and glazier, at Staines: On the 5th of December, the prisoner brought some pots to my house, I was about twenty yards from home when I saw him come out of my shop; in about five minutes afterwards he came to the shop again; he came in, and I said, what have you been doing now, you have been stealing these pewter pots, there were four of them; I sent for Buckmaster and Parrott, and the prisoner said to Buckmaster, if he would forgive him this time, he would not steal any more; he said it was the first time he ever did.

Cross-examined by Mr. Knowlys. Q. He is above seventy years of age, is he not? - A. Yes.

Q. And he has been in prison ever since the 6th of December? - A. Yes.

Buckmaster. This is my pot.

Prisoner's defence. I found the pots.

GUILTY . (Aged 70.)

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

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

Reference Number: t18000115-57

127. THOMAS ACRES and WILLIAM BOWDEN were indicted for feloniously stealing a wooden till, value 1s. and a cambric handkerchief, value 5s. the property of George Dowey .

JANE NORTON sworn. - I am servant to Mr. Dowey, a publican , in King-street, Golden-square : About six weeks ago, I was attending my business, when the two prisoners came in, they came to enquire for our soldier that was quartered there; I told them he was not at home, and they said they were sure he was; I was putting my pots away, and the tallest of them, Bowden, fixed himself at the bar, and the other staid by the fire, and kept me in discourse; the bar - door was not fastened, it had a spring lock, I went and fastened it; I continued putting my pots up, and the other kept me in discourse, and in a few minutes the man at the bar-door walked out, and the other continued talking to me; I had done putting my pots up, and I went into the bar to take some dirty candlesticks away, and saw the bar-door open, I turned myself round and saw the drawer out; they went away, and afterwards came in again, and I sent for a constable.

JAMES KING sworn. - I was at the corner of Tyler-street, on the 11th of December, about half past eleven o'clock, and saw the prisoner, Bowden, pass me, with something like a little box under his jacket; a little time after, I heard of the robbery, and saw him again, and took him.

- WEATHERBY sworn. - I am a constable: I was sent for to apprehend the two prisoners; I told them they must go before a Magistrate; Bowden hesitated a bit, and then said I might do my worst, for he would not go; he knocked me down several times, and I was obliged to get assistance; I came back again for Acres, and he went very quietly with me.

Acres's defence. I went to the house to enquire for a man that was quartered there, and she said he was not at home; and we went out to get some steaks for dinner, and came back again to have them dressed; they took away this man, and then they came, in about a quarter of an hour, and took me away.

Bowden's defence. I know nothing at all about it.

The prisoners called their serjeant, who gave them a good character.

Acres, GUILTY . (Aged 24.)

Bowden, GUILTY . (Aged 25.)

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

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

Reference Number: t18000115-58

128. DAVID DYER was indicted for feloniously stealing, on the 8th of January , two heifers, value 12l. the property of Mary Cokeham .

MICHAEL BILEY sworn. - I am a labouring man, in the farming business, for Mary Cokeham : On Wednesday, the 8th of January, I was passing

by the gate where the heifers were kept, I saw it had been opened and just closed to, this was between eight and nine o'clock in the morning, I looked and saw that the heifers were gone; the last time I had seen them was the Saturday before, I missed them, and went home and told my mistress of it; I saw one of them again the Saturday after, at Stepney; I went to Mr. Marshall first, that bought them at Smithfield, I never saw the other afterwards.

Q. Do you know the prisoner? - A. Yes; he is a farmer's son at Waltham-abbey, about two or three miles from Edmonton; I knew it again when I saw it, it had several marks upon the near eye, it was what we call a pinchbeck coloured one; I am sure it was the same; there was the print of a horse's foot in the field.

WILLIAM BANKS sworn. - I went to the field to see the heifer, near Stepney Church; I knew it to be the same that Mrs. Cokeham had lost.

RICHARD FIELD sworn. - I am a drover; the prisoner came to me on Thursday night, at Enfield Highway, where I lived, and delivered me two heifers; I asked him whether our salesman should fell them, and he said, yes; I asked him if the money was to be brought down for them, and he said, yes; they were sold, and my mother has got the money; the two were sold for ten guineas; he was to call for the money at our house, but he never called; one of them had got a great deal of white about it, of a pinchbeck colour.

Cross-examined by Mr. Alley. Q. What time did the prisoner come to you? - A. About ten o'clock at night.

Q. He is a farmer's son, is he not? - A. Yes.

Q. It is the usual mode, is it not, for a farmer to send his beasts up by a drover? - A. Yes.

- MARSHALL sworn. - Last Friday week, I bought two heifers of Mr. Collins, a salesman; I live in Aldgate High-street; one was a brindled, and the other was a spotted one; I killed one, and sent the other to a field, by Stepney-church; some persons came to see the heifer afterwards, but I was not present; they said, there was a brand in the horn of one of them, but I could see none.

Biley. They had been all branded, I helped to brand them.

Marshall. He said the brand was wore out.

Prisoner's defence. I saw a man with these two heifers on the road, and he said he was going into Hertfordshire, and I bought them of him, and gave ten pounds for them; I gave them to Mr. Field to sell for me.

For the Prisoner.

THOMAS HANNINGTON sworn. - The prisoner is a farmer, at Waltham-abbey; I know the field-gate belonging to Mrs. Cokeham's farm; on the 5th of January, in the evening, I was coming home from Waltham-abbey, I live near Mrs. Cokeham; I met two beasts, within two hundred yards of the field-gate, and some person driving them.

Q. Do you know who it was that was driving them? - A. I do not know; but I think, to the best of my knowledge, it was not the prisoner; it was very near eleven o'clock; I have known the prisoner these nine or ten years.

Q. Could you distinguish the colour of these two beasts? - A. No, I could not.

The prisoner called six other witnesses, who gave him a good character, and deposed that his father had lately taken a farm for him, at North-hall.

GUILTY Death . (Aged 21.)

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t18000115-59

129. ELIZABETH SELLS was indicted for feloniously stealing, on the 31st of August , a counterpane, value 7s. 6d. the property of Victory Baroness Turquin .

VICTORY BARONESS TURQUIN sworn. - I lodge at No. 8, Blandford-street, Portman-square the prisoner was my servant ; I saw the counterpane a few days before it was stolen; I saw it before the Magistrate on the 3d instant; the tickets were found upon her; she lived with me five months, I had a character with her.

Cross-examined by Mr. Knowlys. Q. Is your name Baroness? - A. No, that is my title.

Q. What country are you a native of? - A. Of Alsace.

Court. Q.Are you reputed to be a Baroness? - A. Yes.

Q. Are you so called? - A. Yes.

Court. Q. If you had no title, what would your name be? - A. Selinus Victory .

Mr. Knowlys. Q.Are you married, or single? - A.Single.

JAMES ENSOR sworn. - I am a pawnbroker; I have known the prisoner these seven years; she brought me this counterpane to pledge; I lent her seven shillings and sixpence upon it, in the name of Elizabeth Sells; she declared it to be her own property, and I did not doubt it, because she had brought better things than this.

JAMES KENNEDY sworn. - I am an officer belonging to Marlborough-street; I received from the lady eleven duplicates, of which this is one. (Produces a duplicate of the counterpane.)

Ensor. This is the duplicate I gave the prisoner.

Prosecutor. I know this to be mine, by a tear in the middle; I asked her for the tickets, and she gave them me.

Mr. Knowlys. Q.Did you never commission her to pawn any articles for you? - A. Never.

Q. That you are quite sure of? - A. Yes, quite.(Mr Knowlys contended that the prosecutrix was improperly described in the indictment.)

Prisoner. I pawned it on my mistress's account.

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

GUILTY . (Aged 30.)

Judgement respited for the opinion of the twelve Judges.

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

Reference Number: t18000115-60

130. JOSEPH CAMPLIN and GEORGE JONES were indicted for breaking and entering the dwelling-house of Catherine Chapman , the said Catherine and others, being therein, about the hours of one in the afternoon of the 14th of January , and stealing twenty-seven muslin handkerchiefs, value 2l. 12s. 5d. six muslin neckcloths, value 6s. ten yards of cambric muslins, value 31s. 8d. and seventy-five pocket-handkerchiefs, value 37s. 6d. the property of the said Catherine .

Second Count. For stealing the same goods in her dwelling-house.

CATHERINE CHAPMAN sworn. - I live in Upper Charlotte-street, Fitzroy-square ; I keep the house: On the 14th of this month, I was in the little room behind the parlour, a little after one o'clock in the day; the parlour is behind the shop; my sister went out first, I stepped out after her, and I saw her at the door, she seemed very much surprized; I looked at the shelf, and missed twenty-seven muslin handkerchiefs, six muslin neckcloths, ten yards of cambric muslin, and seventy-five handkerchiefs, pocket-handkerchiefs, and shawl handkerchiefs; I saw them again in about ten minutes, at the watch-house.

SARAH CARRUTHERS sworn. - I am sister to Mrs. Chapman; when I came out of the parlour, I saw a hand shutting the shop-door; I went to the street to see who it was, and saw the two prisoners not above ten yards from the door; they were close together, and one of them (Jones) had some of the goods; he held them up to his breast, the other was close to him, and looked back at me; I immediately stepped within the door, and saw the things gone from the shelf; I went out again, and saw them on the same side of the way, further on, going up Charlotte-street, they were together then; I then ran after them, and they began to run; I gave an alarm, and several pursued; I was not able to go any further; I returned back to my sister's, and they turned up Tottenham-street.

- FAWORTH sworn. - I was coming down Charlotte-street, about one o'clock last Tuesday, and saw the two prisoners going down Charlotte-street, Jones had a bundle along side of him; I saw the last witness running after them; then I pursued them down Tottenham-street; I gave the alarm, and the prisoner Jones was taken in Norfolk-street, I saw him taken; the other prisoner had taken down Mason's-passage; I followed him to the other end, and saw him take up Queen-Ann-street East; I gave the alarm, and he was pursued and taken; I did not see him taken.

WILLIAM SPITTLE sworn. - I was coming out of the baker's in Tottenham-street, and saw these two thieves run by; I heard the alarm given, I carried back the baking that I had in my hand; I ran after them; I saw Jones stopped, and I saw Camplin go up Mason's-passage; I immediately ran after him, told him to stop, and brought him back to where Jones was stopped; I saw the bundle in his hand; they were taken to the watch-house in Charlotte mews; they were both together when they ran by me; when I came up to Camplin I told him to stop, and he did immediately, and came along with me.

JAMES SMITH sworn. - I had been to Cleveland-street: upon my return I saw the two prisoners running; I turned round and followed the prisoner Jones, and took him in Cleveland-street or Norfolk-street; the bundle was upon him then; I told him to drop them, which he did, and we took him to the watch-house.

WILLIAM BOCKING sworn. - I was coming across Tottenham-street, and saw the two prisoners at the bar turn the corner of Charlotte-street, making towards me; the prisoner Jones with the bundle in his arms, and Camplin holding Jones's coat to hasten him along, which made me suppose they were after no good; I immediately heard a cry of stop thief; I sung out stop thief, and this baker I saw running after them; Jones was taken in Norfolk-street.

- RANSOM sworn. - I saw the prisoner Jones after he was stopped, with the bundle lying down by his feet; he was taken to the watch-house with the bundle.

WILLIAM BELL sworn. - I heard the alarm; I saw the two prisoners; I saw the bundle lying at the fect of Jones; I took it up and carried it to the watch-house, and then Mrs. Chapman took the bundle in her own possession, and we went down to Bow-street all together.

Mrs. Champman. This is the bundle; I have had it ever since; they are all mine.

HENRY CROCKER sworn. - I was sent for to the watch-house to apprehend the prisoners; I took them to Bow-street.

Camplin's defence. I never saw this man before in my life.

Jones's defence. I heard the cry of stop thief, and I ran with the rest.

Camplin, GUILTY Death . (Aged 25.)

Jones, GUILTY Death . (Aged 29.)

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

Reference Number: t18000115-61

131. ELEANOR WICKS was indicted for feloniously stealing, on the 1st of January , a sheet, value 3s. the property of Elizabeth Reynolds , spinster .

ELIZABETH REYNOLDS sworn. - I am a single woman; I live in Church-lane, St. Giles' s: On the 1st of this month, I stopped the prisoner going out of my house; she called to be let out; she lodged in the house; I had a suspicion of her; I searched her, and found a sheet under her petticoats; she had on a man's coat; I have had it ever since; I missed it off the bed; (produces it;) I know it to be mine; at the time the lodging was let to her for the night, she had a man with her.

Q. And she was to pay you for the use of the room, including the bed and the sheet? - A. No; she slept in the two pair of stairs, and she took this sheet from the one pair of stairs; I am very certain this is the same sheet; I have two more like it; I took it from under her petticoat, and I left a person to stand by her while I went for a constable, and when I came back the sheet was behind the door.

MARY COURT sworn. - I lodge in this house: I saw Mrs. Reynolds take the sheet from her, on Wednesday morning, the 1st of January; it was concealed round her body, under her clothes; my landlady went for the constable; I missed a sheet off the one pair of stairs bed; the prisoner slept in the two pair, and so did I, upon the same floor; as soon as ever the prisoner went down stairs, I followed her.

Prisoner's defence. I know nothing about it; I pulled all my things off, and she could find nothing; she said she had lost a great many things, and she would make me pay for all; and then she went into the one pair of stairs room, where two women were in bed, and she brought the sheet out from behind the door.

GUILTY . (Aged 24.)

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

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

Reference Number: t18000115-62

132. THOMAS RUTT was indicted for feloniously stealing, on the 11th of December , a cheese, value 15s. the property of Joshua Bewley .

JOSHUA BEWLEY sworn. - I am a cheesemonger in Bearbinder-lane : On the 11th of December, I was coming home, I met the prisoner at the bar with a cheese under his arm; I stopped him; he threw down the cheese, and ran away; I pursued him and took him, I never lost sight of him; I know the cheese to be mine by the mark, I think it is 9l.

MARY BEWLEY sworn. - I am the wife of Joshua Bewley: On Wednesday, the 11th of December, about six o'clock in the evening, I was drinking tea in the accompting-house, I saw a man take up a Cheshire-cheese, and run out with it, it was upon the floor inside the shop; I immediately holloaed out, stop thief, and went out at the door; I saw the cheese lay at the corner of the court; the cheese was of the same size, there were one hundred and fifty of them at the door, and it appeared to me to be one of the same.

Bewley. The court is nearly opposite to me; I had seen the cheese there not five minutes before, when I went out. (The cheese was produced in Court by the constable, and deposed to by Mr. Bewley.

Prisoner's defence. I heard the cry of stop thief; there were several people running, I ran, and Mr. Bewley laid hold of me, and accused me with stealing his cheese.

GUILTY . (Aged 28.)

Whipped in the jail, and discharged .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t18000115-63

133. WILLIAM BEVAN was indicted for feloniously stealing, on the 7th of December , a yard and a half of lawn, value 6s, and six candles, value 3d. the property of John Badger , Benjamin Hudson , and Thomas Smith .

THOMAS SMITH sworn. - I am in partnership with John Badger and Benjamin Hudson, wholesale haberdashers and warehousemen , in the Old Jewry ; the prisoner was a servant in our house: On Sunday, the 7th of December, we had suspected the prisoner, and I watched him by means of cutting a hole in the wainscot; I saw him sold up a piece of lawn, and at that instant one of my young men came up from breakfast, that, I suppose alarmed him, and he huddled it into his pocket in a hurry; I went down, and told him I thought his pockets were fuller than they ought to be; he took it out of his pocket, and said he had bought it in Newgate-street, but did not know what shop; Mr. Ashfield went into the warehouse, and brought the piece of lawn that it was cut off from; I asked him what money he had in his pocket; and he pulled out between twenty and thirty shillings, but I could not swear to any of the money.

Cross-examined by Mr. Alley. Q. You did not see him cut it off? - A. No.

Q. And you did not know but that he might have

bought it in Newgate-street? - A. It is exactly the same as this.

Q. Have you taken any pains to enquire in Newgate-street? - A. No.

JOHN ASHFIELD sworn. - I am warehouseman to the prosecutors: I was desired to watch by two of the partners; on the Friday I saw him take a box of candles.

Q. That was not the same day with the linen? - A. No; on the Sunday morning I saw him take a pair of scissars into the back part of the warehouse, about nine o'clock; he returned in a few minutes with something in a blue paper, he brought it into the front warehouse; he then went behind the counter, where I could not see him; and in the space of a few minutes he came from behind that counter, where I could see him; he had the same blue paper as before, likewise a piece of lawn in his hand; Mr. Smith was looking at the same time, and I went with Mr. Smith, and he charged him with it; he said he had nothing more than he ought to have; he then pulled out a small piece of waste paper, and said he had a bit of lawn, that he had bought in Newgate-street, to make his baby some shirts; a person was sent for to take him into custody.

Cross-examined by Mr. Alley. Q. I dare say you took the trouble of enquiring in Newgate-street? - A. No; I did not.

Q. You did not see him cut the lawn off? - A. No.

Q. He continued in the same story from beginning to end; and you never made the least enquiry whether his story was a true one? - A. No.

THOMAS LAWRENCE sworn. - I am one of the Marshalmen: in consequence of a search-warrant, I went to the apartments of the prisoner, in company with the prosecutor, and found a number of articles which do not belong to this charge. (Produces them).

Prisoner's defence. The lawn belonged to me.

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

GUILTY . (Aged 35.)

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

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t18000115-64

134. THOMAS STRUTT was indicted for feloniously stealing, on the 21st of December , a flat, value 2s. a cloth, value 1s. and thirty pounds weight of butter, value 1l. 15s. the property of Richard Kirby .

JOHN EYRE sworn. - I am servant to Mr. Richard Kirby , a carrier : I lost a flat of butter from the side of the waggon, it was put down upon the wheel, in the passage going down to the Oxford-arms Inn, Warwick-lane ; I saw the prisoner at the bar take it away from the waggon; I called to the porter to stop him; I followed him, overtook him, and brought him back again; I saw the porter stop him at the bottom of Stationer's-alley; we made him bring it back to the place he took it from, he had it with him when he was stopped; Mr. Kirby's name was upon it; the flat is here, but the butter was taken out; the constable has it.

Cross-examined by Mr. Alley. Q. Did you say, before the Magistrate, that you saw him take it from the waggon? - A. Yes.

Q. Do you mean to swear that? - A. Yes.

WILLIAM DUDMORE sworn. - The waggoner called to me, and I pursued the prisoner; and never lost sight of him till I caught him with the flat of butter upon him; I brought him back, and he was delivered to the constable; Mr. Kirby's name was upon the flat. (The constable produced the flat, which was deposed to by Eyre).

Prisoner's defence. I had been out in the morning to buy some articles, I met a man who asked me to carry it for him, which I did out of compassion; Eyre told me their master was a very severe one, and he should lose his place if he did not come forward against me; he was obliged to say what his master pleased, or he should be turned away.

Eyre. I never said any such words; I never said any thing like it.

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

GUILTY . (Aged 19.)

Confined six months in Newgate , and whipped in the jail .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t18000115-65

135. ROBERT JENKINS was indicted for feloniously stealing, on the 7th of January , a bag, value 1s. six pounds of coffee, value 15s. and twenty-two pounds of tea, value 4l. 8s. the property of Thomas Aslett , and Edward Asgill .

ISAAC CROCKER sworn. - I am servant to Messrs. Thomas Aslett and Edward Asgill, proprietors of a waggon at the Oxford-arms Inn, Warwick-lane : A porter brought a chest and a bag into the yard, I helped him off his knot with it; I took the prisoner about twenty yards from where I had put the bag, with the bag under his arm; I took him in the yard last Tuesday was a week, I was helping down some wine that was going to one of the Colleges, at Oxford, when it happened; I thought it was the same bag that I had helped the porter down with, and I caught hold of him by the collar, and called out for my fellow servant to take the bag from under his arm; it con

tained twenty-two pounds of tea, and six pounds of coffee, according to the permit that was in the bag; I have had it in my master's warehouse ever since. (The constable produced the property, which was deposed to by Crocker).

Prisoner's defence. I had been to make enquiry about a parcel, and the book-keeper told me I must go across to the tap; and in the way a great number of parcels were lying, that I could not very well get past; I took them up in my hand, and they laid hold of me, and charged the constable with me.

For the Prisoner.

- JENKINS sworn. - The prisoner is my son, I am a musical instrument maker: He was at work that very day for me, and for several days before.

GUILTY . (Aged 18.)

Confined six months in Newgate , and whipped in the jail .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t18000115-66

136. ROBERT SCOTT was indicted for feloniously stealing, on the 8th of January , a keg, value 2s. and twelve pounds weight of tripe, value 8s. the property of Edward Lambert .

WILLIAM LAMBERT sworn. - I live in Tower-street : On Wednesday, the 8th of January, I went out about half past three o'clock, and left the property standing at the door; I came home at ten, and was informed that one of the kegs was stolen.

- LAMBERT sworn. - I am son of the last witness: There were a great quantity of kegs hanging up outside the door; the prisoner coming by, took up one of them and went away with it, and went as far as Mincing-lane with it; I did not see him take it, but I saw him with it upon his shoulder in Mincing-lane, I was in pursuit of him; I had been informed that he had taken one of the kegs; I asked him where he was going with it; he said he did not know where he was going; he begged my pardon, and said he was in liquor.

Q. Did he appear to be in liquor? - A. I thought rather so.

Q. Did not he appear to know what he was about at all? - A. No; I sent for a constable, and our lad carried the keg back to our house, I was with him at the time; the constable has got it.

Cross-examined by Mr. Knowlys. Q. I believe you know Mr. Church? - A. Yes.

Q. He is the master of the man now accused? - A. Yes.

Q. Do you think, if the man had not been drunk he would have done this? - A. That I cannot say.

Q. He seemed to know very little of what he was about? - A. He seemed to be in liquor I must own.

ELEANOR GARDINER sworn. - I am servant to Mr. Graves, a glazier: I saw a man take a keg from Mr. Lambert's door; but I did not take any notice of his person; he let the keg fall close to my feet, just by Mr. Lambert's door; he then went up Mincing-lane, and I went about my business; I cannot say that the prisoner is the man.

JOSEPH TANNER sworn. - I am a constable(produces the keg, which was deposed to by Mr. Lambert.)

The prisoner left his defence to his counsel.

For the Prisoner.

THOMAS CHURCH sworn. - I am a sugarcooper, No. 203, Upper Thames-street: The day that the prisoner was taken up, he was in my service; he had lived about five years in my service; I had trusted him very largely; I do not think I ever had an honester servant; I have known him sixteen years; if he should be discharged, I would take him into my service again, and trust him as largely as I have done before.

The prisoner called seven other witnesses, who had known him many years, and deposed to the same effect. GUILTY . (Aged 33.)

Whipped in the jail, and discharged .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t18000115-67

137. DAVID SPENCER was indicted for feloniously stealing, on the 23d of December , a hamper, value 1s. 6d. thirteen glass bottles, value 2s. 3d. and three gallons of wine, value 2l. 2s. the property of Clement-Samuel Strong .

Second Count. Laying it to be the property of Thomas Cowie .

(The case was opened by Mr. Knowlys.)

WILLIAM ROACH sworn. - Examined by Mr. Knowlys. I am porter to Mr. Clement-Samuel Strong , wine-merchant , No. 4, Pancras-lane, and have been these four years: I packed up thirteen bottles of red port wine in a hamper; I was going to Mr. Thomas Cowie 's, No. 9, Cross-street, Hatton-garden, with the hamper; the crowd was very thick all through Newgate-street, and I found great difficulty in getting along; I stopped at the corner of Giltspur-street; the man was expected out of Newgate to go to Execution-dock every minute; I put it off my shoulder on to a cart that was standing there, and the carman told me if I would get up he would only charge two-pence a head; I put my hamper on the cart, and got in myself; I was not five minutes in the cart before I felt the hamper go away from my legs; I turned round directly, and saw the prisoner running away with it upon his shoulder; I am sure the prisoner is the man; I collared him, and before I could get to him there was a hackney-coach turned round

from Snow-hill , and knocked him down, and the hamper; as soon as he recovered himself, and got up, I knocked him down again, and served him so two or three times; somebody said I was a cowardly rascal for serving the man so; and Mr. Pugh came up and took care of the hamper while I went after him; I pursued him down Giltspur-street and down Cock-lane; I caught him nearly the bottom of Cock-lane; he was not out of my sight half a minute, only just turning the corner.

Q. Are you sure the hamper he ran away with, was your master's? - A.It was; I packed it myself.

Cross-examined by Mr. Alley. Q.So you were standing gaping at the poor unfortunate man that was going to be executed? - A. No; I was there to rest myself, because of the crowd.

Q. And it was solely for the purpose of getting clear of the crowd that you got into the cart? - A. Yes.

- PUGH sworn. - I am a druggist in Old Fish-street: I saw the prisoner at the bar with a hamper, going from towards the Old-Bailey to Giltspur-street; the pole of a hackney-coach that was coming from Snow-hill either run against the prisoner or the hamper, I cannot say which; the prisoner and the hamper both fell together; the prisoner upon getting up as quick as he could, was going off with the hamper; Mr. Strong's man came up to him and struck him violently, and threshed him indeed very severely; he threshed him heartily; he knocked him down, and even struck him when he was down; I conceived the prisoner very ill used, nobody seemed to take his part, and I came forward merely with a view to see the man righted, as I thought; however when I learned the cause, I insisted upon his going after the man, and I took care of the hamper, while he pursued the man.

Roach. This is the hamper that I lost; (produces it;) I have had it ever since I received it from Mr. Pugh.

The prisoner left his defence to his counsel.

GUILTY . (Aged 30.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t18000115-68

138. WILLIAM WATKINS was indicted for feloniously stealing, on the 18th of December , a deal box, value 12d. a man's hat, value 2s. two razors, value 6d. two jackets, value 5s. four pair of trowsers, value 10s. four shirts, value 6s. one frock, value 2s. two pair of stockings, value 2s. four waistcoats, value 6s. and four metal thimbles, value 6d. the property of Oliver Grey .

DAVID LEVY sworn. - The property stolen belongs to Oliver Grey, a sailor , who left word with me that I should send his box to his ship at Gravesend: On the 18th of December I sent this box to Mr. Minshaw's, the Dundee-arms, Wapping , and four others, to go by the Gravesend boat; a little after I went down myself, and found one of the boxes missing; I was obliged to go down to settle with the sailor as well as I could; I did not knnow what was in the box; I sent him down other goods for them about four o'clock in the afternoon; I saw the same box again before the Justices at Shadwell, on the Saturday following, the 26th; I did not see it in the possession of the prisoner.

JOHN RILEY sworn. - I am a police-officer belonging to Shadwell: On the 19th of December I apprehended the prisoner on another charge; I went to his lodgings; he shewed me the box, and said it was his property; my brother officer has the box; I made enquiry at the Dundee-arms, and found there was a box of that description stolen from thence.

WILLIAM ELBY sworn. - I am a constable belonging to the Police-office, Shadwell: Riley took the prisoner; I received the property from Riley, and have had it ever since. (Produces the box.)

Levy. It contains the property mentioned in the indictment; (repeating them;) here is a waistcoat that I can swear to, which I sold him; and the jacket and trowsers.

Prisoner's defence. That is my own box, and all my own property in it.

Levy. When the box was found, it had Oliver Grey 's protection in it, in a pocket-book; and I begged the favour of the Magistrate to let me send it down to him, and he granted the favour; I sent it down to him; he was a black man, and a native of America.

GUILTY . (Aged 22.)

Transported for seven years .

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

Reference Number: t18000115-69

139. WILLIAM MONCRIEF was indicted for feloniously stealing, on the 30th of December , three pounds weight of tobacco, value 3s. the property of Thomas Pearson .

Second Count. Laying it to be the property of Thomas Boone , Welbore-Ellis Agar , Sir Alexander Monro , Richard Frewin , William Stiles , William Rowe , Francis-Fownes Luttrell , John Buller , and Gloster Wilson .

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

JOHN MILLS sworn. - Examined by Mr. Knowlys. I am gate-keeper of the King's tobacco-warehouses

upon Tower-hill , employed under the Commissioners of the Customs; the prisoner was employed as a cooper : On the 30th of December, about half past three in the afternoon, the prisoner came up to the gate from the cooperage; I searched him, as it is the custom, every time the labourers leave the warehouse they are searched; I searched the prisoner, Alexander Grey was close by me; I searched him and found some leaf-tobacco concealed inside his waistcoat, and some in the crown of his hat withinside the lining; he begged very hard for me to let him go, and I would not do it; and I put him into a little lodge that I had till I could get a constable. (Produces the tobacco.)

Cross-examined by Mr. Alley. Q. You always search the men? - A. Yes.

Q. No man could think of escaping? - A.Impossible.

Q. Sometimes the merchants leave samples, and they do not put them into the cask again? - A.Not always; but no samples are offered to be taken out without a pass, and he had none.

Mr. Knowlys. Q.These samples are the property of the merchants, and not the labourers? - A. Yes.

THOMAS PEARSON sworn. - Examined by Mr. Knowlys. I am warehouse-keeper of the King's warehouses upon Tower-hill; I do not know the prisoner; I have the custody of all the tobacco that is lodged for the security of the King's duties.

Cross-examined by Mr. Alley. Q. You are all jointly responsible for this property? - A. Yes.

Q. There is the surveyor, the comptroller, and yourself? - A. Yes.

Q. They are jointly responsible with you? - A. There never has been a case of that kind.

Mr. Knowlys. Q.They are under your custody as warehouse-keeper? - A. Yes.

Mr. John-Murvin King proved the names of the Commissioners of the Customs.

Prisoner's defence. The prosecutor has spoke very false; I can bring witness to prove that I had no lining in my hat.

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

GUILTY . (Aged 26.)

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

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

Reference Number: t18000115-70

140. ELEANOR TUCKER was indicted for feloniously stealing, on the 8th of December , a Bank-note, value 5l. another Bank-note, value 5l. another Bank-note, value 2l. another Banknote, value 1l. and another Bank-note, value 1l. the property of Francis-Charles Gelling , privily from his person .

FRANCIS-CHARLES GELLING sworn. - I was brought up to the sea; the prisoner lodged with me in the same house, in Bowling-pin-alley, Chancery-lane; the prisoner acted as landlady of the house, the landlady was in the hospital.

Q. How came you by all this money? - A. It was wages that I had received at Somerset-house; on the 5th of December, I was discharged from his Majesty's service, on account of fits; I was in at Mr. Fisher's, in Clare-street , but I was insensible all the time that I was there, and do not recollect any thing that passed, and at that time I lost my money; when I came to my senses again, I missed my notes; there were three five pound notes, one two pound note, and two one pound notes; there was nobody present but Mr. Fisher, myself, and the prisoner at the bar; I had received it about half an hour; she knew that I had received it; we had been at Mr. Seabrook's before we went there; I gave her one of the notes to get change.

Q. Had you been drinking before? - A. Yes; we had been drinking the best part of the day, we were all drunk together, she acted as landlady, but I do not know whether she meant to rob me or not.

Q. Then why did you charge her with it? - A. A constable was sent for without my knowing any thing about it.

JAMES SHARP sworn. - I was sent for to take charge of the prisoner; the prosecutor and she were both very drunk; she said, Mr. Sharp, I will give you the notes, but I won't give them to these people, she gave me the five pound notes; the prosecutor then said, she had some small notes; she said, no, what small notes she had were her own for what she had done for this failor; I then took her into a room adjoining the watch-house, and she gave me three notes, two one pound notes, and a two pound note; the prosecutor would have let her go away, but she insisted upon going before the Magistrate; I took them both before Sir William Addington , he committed her; but the sailor was so drunk he could not swear to them.

Q.(To Gelling.) You placed great confidence in that woman? - A. Yes, I did till this happened; she went with me to be my pilot, and shew me the way about the town.

NOT GUILTY .

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

Reference Number: t18000115-71

141. THOMAS HALLARD , alias HAPPY , was indicted for that he, on the 24th of December , with a certain offensive weapon, called a pistol, upon Ann, the wife of James Clifford , did make an assault, with an intent to rob, and commit robbery upon her .

The case was opened by Mr. Knowlys.

ANN CLIFFORD sworn. - On the 24th of December, about half-past five in the morning, I and my husband were going in a cart to Chertsey-market, from Hounslow; there was some snow on the ground, which gave a great light; just as we got to Feltham-hill , a man in a smock frock rushed out by the cart, and said, b - t your eyes, stop; my husband gave a pull at the reins, and a man immediately put a pistol close to me; he said, b - t your eyes, stop; and I think he said, Clifford, stop; the next words I heard was, b - t your eyes shoot the horse; I cannot tell whether these words came from the same man, or from some other man.

Q. What did he stop you for? - A. That I cannot say, whether it was to rob us or nor; he was as close at the side of the cart, as close could be; I then struck violently with the whip at the horse, and immediately a voice said, b - t your eyes, shoot the horse, and I saw a pistol immediately pointed at the flank of the horse; a pistol was fired, the horse gave a spring, and we got away.

Q. Do you recollect the person that stopped you? - A. Yes, by the flash of his pistol; I had a full view of him, I am sure the prisoner is the man.

Q.Did you know him before? - A. No; I saw him again at Bow-street, a few days after; I believe, the Wednesday following; I recollected him again as soon as I saw him at Bow-street.

Cross-examined by Mr. Alley. Q. When you saw the prisoner at Bow-street, he was in custody? - A. Yes.

Q. Did you say, at Bow-street, that you knew he was the man? - A. Yes, I say, that is the man.

Q. When you were before the Magistrate at Bow-street, did you say that was the man? - A. I said, I believed he was the man, and now I am sure he is the man.

Q. The light that you had came from the reflection of the snow? - A. Yes.

Q. The whole transaction did not take up half a moment? - A. No.

Court. Q. Did you not say before the Magistrate, that from the shortness of the time, and the extreme alarm you were in, you could not say whether he was the man or not, and I tell you, I have your examination in my hand? - A. I know that is the man.

Court. Q. But you did not say so at that time? - A. I cannot say.

JAMES CLIFFORD sworn. - Examined by Mr. Knowlys. I went out about half-past five, with my wife; as we were riding between Feltham and Feltham-hill, in a trot, all of a sudden, an alarm from the man's voice came, b-t your eyes; I turned round and saw a man pointing a pistol against the side of my wife's head; my wife then struck the horse, and there was a voice, but whether from the same or not, I cannot tell; b-t your eyes, shoot the horse; then the pistol was pointed right for the flank of the horse, and off it went; and when the pistol went off, by the light of the flash I saw the man's face.

Q.Had you an opportunity of observing the man's face, so as to speak to him? - A. Yes; I had seen him many times as I was going backwards and forwards to Chertsey-market, he lived just before you come to Chertsey-bridge; I knew him at the time when I saw him at Bow-street, I knew him immediately.

Cross-examined by Mr. Alley. Q. How far is it from Feltham-hill, to Chertsey-bridge? - A. Four or five miles.

Q.You were very much alarmed, were you not? - A. I cannot say I was much alarmed, because I rather expected it; the moment the pistol was fired, I knew him.

Q. Did you go before any Magistrate? - A. Yes, Mr. Anderson, at Bedfont.

Q. But he was not taken by any officer belonging to Mr. Anderson, but by some officer belonging to Bow-street? - A. Yes.

Court. Q. As this man lived at Chertsey-bridge, why did you not seek after the man that day, at Chertsey? - A. I was busy about the market, and wanted to get home to my family.

Prisoner's defence. I follow the fishing business ; my father, and mother, and sister are here to prove that I was not out of my father's house, from eight the night before to eight the next morning.

For the Prisoner.

THOMHS ALLARD sworn. - Examined by Mr. Alley. I am a fisherman, the father of the prisoner; he was taken into custody the day after Christmas-day; he lived in my house, just at the bridge foot; he had not been away from home for several days; he slept every night with his sister, a child of eleven years old.

Q. What time did you see him the morning before Christmas-day? - A.I went through his bedchamber about half-past six.

Q. How many rooms have you in the house? - A. Three, all on one floor; I go through his room to bed.

Q. Do the doors of all the three rooms communicate with the passage that leads to the outer door? - A. Yes.

Q. In either of these rooms, can you observe every person that goes out of your house? - A. Yes.

Court. Q. What, when you are in bed? - A. No.

Mr. Alley. Q. There are but three rooms? - A. No.

Q. You are forced to go through his room to your own? - A. Yes.

Q. Does the door of your room generally stand open? - A.Sometimes, and sometimes shut; he never went away from home.

Q. Who went to bed first that night? - A I did, and my son followed me up immediately.

Cross-examined by Mr. Knowlys. Q. How far from your house is it to Feltham-hill? - A.About five miles or rather more.

Q. How far is it from Feltham town? - A. I should suppose it was six.

Q. What day of the week was it before Christmas-day? - A. Monday.

Q.What day was it you saw him in bed? - A.Every morning.

Q. Then there was nothing particular in the day before Christmas-day; you saw him in bed every morning when you got up? - A. Yes.

Q. Then there is nothing particular in that day? - A. No.

Q. Have you any clock in the house? - A. No; there is one at the next house that I can lie and hear.

Q. Is your son's room on the ground floor? - A. No, up one pair of stairs.

Q. Your bed-room is the furthest? - A. Yes.

Q. Therefore, if he wished to go out, he could, without going through your room? - A. Yes.

Q. And therefore he might go out of the house without alarming you when you were asleep? - A. I get very little sleep, that I do not think he could get out without my hearing him.

Q. There is nothing particular to six you to the day? - A. No; I always found him in bed when I got up.

Q. How do you know it was so early as half-past six? - A. I was called up by a bargeman that employs me to carry lime through the bridge.

Q. Then you were obliged to be called up? - A. No, I was not called up.

Q. You said you were, just now; do you mean to say you were called up, or not? - A. I cannot say whether I was or not.

Q. Then you only mean to say that you generally found him in bed? - A. Yes.

Q. Did you hear when he was taken up? - A. Yes; I was by when he was taken up, not a hundred yards from my own house.

Q. Did not you enquire what he was taken up for? - A. The gentlemen would not resolve me or him neither.

Court. Q. Where was he taken to? - A. I cannot say.

Jury. Q. Do you mean to say, that you saw him in bed? - A. Yes.

Q.What, at half-past six o'clock? - A. Yes; because his head lies close against the window, and I saw his clothes lying upon the bed.

Court. Q. Do you mean to swear that there was sufficient light for you to discover his cloaths from the bed cloaths? - A. I cannot say, but I saw the breeches upon the floor; my house is on the Middlesex side of the river, and the windows to the south.

Q. You say that you helped to draw a barge with lime through the bridge? - A. Yes.

Q. Do you mean to say that the navigation was not stopped at that time? - A. No, it was not.

HANNAH ALLARD sworn. - Examined by Mr. Alley. The prisoner is my son, he has lived with me for two months; he was taken up the day after Christmas-day.

Q. Where did he sleep on Christmas-night? - A. In my house.

Q. Where did he sleep the night before Christmas night? - A. In my house; he went to bed at eight o'clock the night before Christmas-day; I went to bed last, my husband went to bed first, I fastened up the house.

Q. Are you sure your son had gone to bed? - A. Yes, my little girl, ten years old, sleeps with him; I saw him the next morning in my own house, about a quarter after eight; I got up about half past seven, my husband got up first about six o'clock.

Q. Did your husband go out? - A. Yes, about a quarter of a mile from home; he went down to the bridge.

Q. How does your son get his livelihood? - A. In the summer by fishing, and in the winter by barge work; I saw him in bed when I got up, at half past seven o'clock, I came through his room; he did not get up till a quarter past eight.

Cross-examined by Mr. Knowlys. Q. What time does your son usually get up? - A. He does not get up at any particular time since he has been out of work; he has not got up till eight, or half past eight, or nine, or any time when I call him to breakfast; he went to bed that night at half past eight.

Jury. Q. Is it not possible for him to get up privately, and go out of the house, without your knowledge? - A. No, he cannot; because I carry the key up stairs with me.

Q. Who called your husband up that morning? - A. Nobody; he got up of his own accord, about half past six.

Q. Did not one of the bargemen call him up? - A. I did not hear him.

Q. Were you awake? - A. I do not know.

Q. How soon did you awake that morning? - A. Directly as my husband got out of bed.

Q. How do you know that it was the day before

Christmas-day that you observed your son? - A. Nothing particular.

Q. There was nothing particular to call your attention to him that day? - A. Nothing.

Q.Was it very light when you got up? - A.Not very light.

Q. And that was half past seven? - A. Yes.

Q. Did you see him before you got up? - A. Yes; I saw him in bed.

Examined by the Court. Q. Your husband got up about six o'clock? - A. Yes.

Q.Whether it was after or before you cannot tell? - A. No.

Q.How was it when your husband got up? - A.Very dark.

Q. Could he see any thing in the room? - A.From the glimmer of the window he might.

Q. Supposing there was a great coat upon the bed, could you distinguish it, do you think, from the bed-clothes? - A. I do not think I could.

Q. Could you have known a pair of breeches upon the floor from any thing else? - A. No.

Q.Which way do the windows of your room look? - A. To the river.

Q. Which way does the window of your son's room look, does it look to the river? - A. No.

Q. Then there is no light from the river into your son's room? - A. No.

Q. What sort of a lock is it to your door? - A. A very good one.

Q. Is it a lock that pulls back on the inside? - - A. No; it opens with a key only, and I keep the key in my pocket in my room.

Q.Have you any other door? - A. Yes, a back door, that goes into a little back yard, where there is a pump.

Q.What is that back yard? - A. There are several neighbours belong to the pump.

Q.How do the neighbours get to the pump? - A.Their back doors come out that way.

Q. Is there no passage from that yard to the street, or public highway? - A. No.

Q. Is this yard surrounded by houses, or paling? - A. By the neighbours' gardens.

Q.How is it separated from the neighbours' gardens? - A. With paling.

Q.How high is that paling? - A. About a yard and a half high, and that garden is surrounded by houses.

Q.How is your back door fastened? - A. By a bolt.

Q.How did your husband get out that morning? - A. He asked me for the key.

Court. Be so good as read what the woman said before the Magistrate.

(Mr. Shellon reads.) - "And this informant, Ann Clifford , says, she was with her husband at this time, when a person called out to them to stop; he made use of their names, and said, b - t you, Clifford, stop; but from the shortness of the time, and from the state of alarm that she was in, cannot say whether the prisoner was the man or not; but it was a person in a smock frock."

GUILTY . (Aged 18.)

Transported for seven years .

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

Reference Number: t18000115-72

142. GEORGE BROWN was indicted for feloniously stealing, on the 15th of January , a chest of tea, value 15l. the property of Thomas Paxton and Andrew Laurie , upon a wharf adjacent to the River Thames .

JAMES BRANT sworn. - Last Wednesday evening we were shoving some goods off the Leith and Berwick Wharf , between six and seven o'clock; I think there was an alarm that a man had gone off the wharf with a chest of tea upon his back; some persons pointed out the way that he was gone, and he went up Burr-street, I saw nobody there; I then turned up an alley, and in the alley I met a man with the chest.

Q. Who was that man? - A. That is the man at the bar; I asked him where he was going with that chest; he made no reply, but threw the chest down, and ran away directly; a young man that was with me followed him and took him, and I took care of the chest; I got some neighbours to help the chest up upon my back; I put the chest down on the wharf, and laid it by till the prisoner was in hold.

Cross-examined by Mr. Knowlys. Q.You did not see the prisoner on the wharf? - A. No, not till we brought him there.

Q. You had a vast quantity of goods on the wharf? - A. Yes.

Q. These things are brought in carts to the wharf? - A. Yes.

Q. Therefore, for aught you know, this might have been taken from the cart before it got to the wharf? - A. I cannot say.

JOHN STEVENSON sworn. - I work for Messrs. Paxton and Laurie: On Wednesday evening, about seven o'clock, I saw that man go off with a chest of tea upon his back; the chest was laying upon some casks within the gate.

Q. Is the wharf inclosed by gates? - A. Yes; I called to James Brant , and told him there was a man gone off with a chest of tea; and I went out of the gate, and asked the carman if he had seen a man with a chest upon his back; and he directed me; I called to James Brant, and he pursued the man, and I followed him; I do not know the name of a street, I am but a stranger; we found

him in a little alley, and he threw down the chest; I went after him, and laid hold of him; I carried him back to the wharf, and took him into the accompting-room.

Q. Do you know whose chest it was? - A. Mr. Paxton and Laurie had the charge of it.

Q. Who had the actual charge of it? - A. I suppose Mr. Hopwell; he is the clerk.

SAMUEL HOPWELL sworn. - I received this chest on account of Paxton and Laurie, proprietors of the wharf from Messrs. Bennett's, in Cheapside; I had seen it about half an hour before it was missing, in the warehouse; and I sent it down, to be handy for shipping; it was placed about half-way down the wharf, between the gate and the waterside; the two men brought the prisoner back, and he was secured.

Q. What does the chest contain? - A. Tea.

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

Cross-examined by Mr. Knowlys. Q. The value you got from the information of other persons? - A. Yes; that is what Paxton and Laurie are answerable for; the bill is fifteen pounds, nineteen shillings, and nine-pence.

Court. Q. And your house must have paid that sum, if the property had not been recovered? - A. Yes.

Q. What do you suppose the weight to be? - A. I should suppose about ninety pounds.

Q.What is the lowest price of any kind of tea? - A. I should suppose about two shillings and ten-pence.

Prisoner's defence. I went to look for work at Wapping; and when I came past this place, a man offered me half-a-crown or a couple of shillings if I would carry it for him.

The prisoner called his serjeant and two other witnesses, who gave him an excellent character.

GUILTY Death . (Aged 23.)

He was recommended by the Jury to his Majesty's mercy, on account of his good character.

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t18000115-73

143. JOHN SMITH was indicted for feloniously stealing, on the 27th of December , three coats, value 40s. a pair of breeches, value 10s. three waistcoats, value 18s. a pair of shoes, value 2s. and fourteen pounds in monies numbered, the property of Joseph Purcox , in the dwelling-house of Richard Posterns .

JOSEPH PURCOX sworn. - I am an officer's servant : On the 27th of December, I lodged in the house of Richard Posterns; I went into the country, and left fourteen pounds in money, and my wearing-apparel in my bed-room, in a trunk; I returned on the Sunday before Christmas-day; the prisoner was then in the house; I missed my property on the 27th, which was a day or two after; I did not look for it before; he left the house on the Tuesday morning after I returned; he had lodged in the house before; I went away on the 10th of November.

RICHARD POSTERNS sworn. - The prisoner lodged in my house about five weeks; he went away the day before Christmas-day; he lodged in the room that the prosecutor had lodged in; the prosecutor went into the country, and returned the Sunday before Christmas-day.

Q. Did the prisoner go away with your knowledge? - A. Yes; he told me of it the day before; he said he was going to live at Clapham to carry coals out; I apprehended him myself at the Bag of Nails at Pimlico, last Monday was a week; I procured a constable, who took him into the parlour to search him, and found three duplicates under his feet upon the floor; and we found a pocket handkerchief in this pocket that was claimed by the prosecutor; I then went into the tap-room, to the box where he had been sitting, and there I found six more duplicates; he said he found the handkerchief in the street.

JOHN HARRIS sworn. - I am servant to Mr. Patmore, pawnbroker, in Fleet-market; (produces two coats;) I took in one of them, which was a great coat, of a man who called himself John Smith ; but I cannot swear to the person of the man: I did not take in the other myself.

RICHARD POPPLE sworn. - (Produces the duplicate of a coat;) I found this, among others, under the prisoner's feet, when I took charge of him;(produces a pocket-handkerchief,) I found this in his pocket.

Harris. This duplicate is my hand-writing.

WILLIAM HATCH sworn. - I am an officer belonging to the Public-office, Queen-square: (produces a coat and waistcaot;) I found these at Mr. Read's, pawnbroker, in Fetter-lane; I have had them ever since. Mr. Read is delirious in bed.

- LOCKING sworn. - I am a tailor: I can can swear to this great coat; I made it for the prosecutor; I am sure it is the same.

Purcox. When I came home I found the lock of the trunk broke.

JOHN BOYD sworn. - (Produces a pair of breeches.) I took them in of a man very much resembling the prisoner; he described himself as John Smith, of Saffron-hill.

Popple. (Produces the duplicate of the breeches.) I found this under the prisoner's feet.

Boyd. This duplicate was written by a boy, under my direction, in my presence.

Purcox. These are my breeches.

The prisoner did not say any thing in his defence.

GUILTY , Death . (Aged 24.)

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

Reference Number: t18000115-74

144. JAMES ALGER was indicted for feloniously stealing, on the 12th of January , a seven-shilling piece, two shillings, a sixpence, and eight halfpence , the property of Henry Beauchamp .

HENRY BEAUCHAMP sworn. - Last Sunday was se'nnight about five in the evening, the prisoner ordered my boy to bring two pots of beer to Mrs. Gerald's, and change for half-a-guinea; I gave the boy nine shillings and ten-pence.

TIMOTHY DANN sworn. - I am servant to Mr. Beauchamp, the Weymouth-arms, in Weymouth-street: I was carrying my five o'clock beer out last Sunday was a week; I met the prisoner between Wimpole-street and Weymouth-street; I was out in the middle of the horse-way; and he told me I must bring two pots of beer, and change for half-a-guinea, to Mrs. Gell's; she lives at No. 5, in Upper Wimpole-street ; I never saw the prisoner before; I took the two pots of beer, and nine shillings and ten-pence wrapped up in a piece of brown paper; there was a seven-shilling piece, two shillings, and a sixpence, and four-pennyworth of halfpence; I took it to Mrs. Gell's; I met the prisoner two doors from Mrs. Gell's; says he, do not you go any further, because there is a lady in the passage, you cannot go in; he told me to give him the change, and the footman would give me the half-guinea; I gave him the change, and put the beer down by the door; he told me to fetch half a pint of rum, and half a pint of brandy; I said I would, but you will run away with the money; he said, no, if you are afraid, I will go with you; I had given him the change before he said the footman would give me the half-guinea; he came with me till he got over-right our house; I had the beer in my hands all the while; when he got there, he took to his heels, and ran away; I ran, and put my beer down at the door, and holloaed stop thief; I saw him run, and the lamp-lighter took him; but I did not see him take him; he was brought back; I met him between Lower Harley-street and New Cavendish-street; my master went and fetched a constable; my cousin, a little boy, found the money, all but a seven-shilling piece; he had thrown it away.

Cross-examined by Mr. Knowlys. Q. The man who served you this trick got out of your sight? - A. Yes.

Court. Q. Have you any doubt about it being the prisoner? - A. I am sure it is the prisoner, because I looked very hard at him.

- WHITAKER sworn. - On the 12th of January I was lighting my lamps in Harley-street; I heard the words stop thief; I looked round and saw a man running as hard as he could run; I put my ladder down, and ran after him; there were some people coming across Cavendish-street, and he found he was going to be stopped, and he stopped of himself, and I took him; the prisoner is the man; I took him to Mr. Beanchamp's house; he had no money at all about him. I met the boy in my way home, and he said that is the man.

The prisoner left his defence to his counsel.

For the Prisoner.

WILLIAM FRANKLIN sworn. - The prisoner lived servant with me three months; he left me about three weeks ago; I had an excellent character of two years with him; he lived with me in the capacity of groom and valet.

GUILTY . (Aged 28.)

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

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

Reference Number: t18000115-75

145. SAMUEL-SILEY CARTER was indicted for feloniously stealing, on the 23d of November , a gold watch, value 5l. the property of John Brown , in his dwelling-house .

PHILIP PACE sworn. - I am servant to Mr. Brown, a pawnbroker : On the 23d of November, the prisoner came to our shop, and produced a duplicate of a watch for five pounds, between five and eight in the evening; he said he wanted his watch out; I fetched the watch, and produced it to him; I laid it on the counter, and the prisoner took it up and wound it up; he said he wanted to look at some gold chains; I asked him to settle for the watch first, and then he might go round to the fore-shop to look at them; he said he would rather look at them where he was; I took the watch off the counter, or out of his hand, I cannot say which; I went to fetch him the chains, but when I came back with the chains he had altered his position, and placed himself opposite the watch; I had moved the watch farther up the counter; I shewed him some chains; he said there were others in the window that he liked better; and I went to fetch more, and while I was gone he ran out, and I missed the watch; I pursued him and took him.

The prisoner left his defence to his counsel.

Court. (To Pace.) Q. Who is the owner of your house? - A. Mr. John Brown.

Mr. Knapp. Q. Has he any partner? - A. He has none.

Court. Q. He is a pawnbroker, and you are his servant? - A. Yes.

Court. Q. What may be the value of it? - A. I cannot say; there were five pounds lent upon it.

The prisoner called one witness, who gave him a good character.

GUILTY Death . (Aged 24.)

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

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t18000115-76

146. JOHN CARTER was indicted for feloniously stealing, on the 8th of December , a linen handkerchief, value 1s. 6d. the property of Hedley Storey .

HEDLEY STOREY sworn. - I am a tailor : On the 8th of December, I was coming up East-Smithfield , and lost my pocket-handkerchief out of my pocket, it was a linen handkerchief; I felt the prisoner's hand in my pocket, I turned round, and seized him with my handkerchief in his hand; and I took him immediately in the street.

Prisoner's defence. I was going home, and no doubt I might run against the gentleman; but the handkerchief I never had, nor I never saw it.

GUILTY (Aged 18.)

Transported for seven years .

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

Reference Number: t18000115-77

147. THOMAS RANN was indicted for feloniously stealing, on the 8th of January , a gown, value 2s. an apron, value 6d. a pocket-handkerchief, value 6d. and two shirts, value 5s. the property of Jane Wharton , widow .(The prosecutrix was called, but not appearing, her recognizance was ordered to be estreated).

NOT GUILTY .

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

Reference Number: t18000115-78

148. CHARLOTTE SMITH was indicted for breaking and entering the dwelling-house of John Perry ; Ann Perry , and others of his family, being therein, about the hour of eleven in the forenoon, of the 24th of December , and stealing a pair of breeches, value 18s. and two waistcoats, value 3s. the property of Samuel Perry .

SAMUEL PERRY sworn. - John Perry is my father, we live at No. 9, Pell-street : On Tuesday morning, the 24th of December, I got up and left a pair of breeches and two waistcoats upon the bed, about seven o'clock in the morning; my mother stopped a woman with them in Wood-street; I was sent for about half past eleven o'clock to Guildhall, where I saw the clothes and the prisoner; my mother has had them ever since.

ANN PERRY sworn. - I am the mother of the last witness: I was in the lower room upon the ground-floor, about a quarter past eleven o'clock; I was cleaning the room, and a lodger in the two pair of stairs came down, and asked me if I had sent any body up to see Mr. Perry; and in consequence of what she told me I went out, and saw the prisoner run down the street; I pursued the prisoner into a coach-yard, in Wood-street; I laid hold of her by the skirt of her gown, and desired to see what she had got in her apron, and she refused till the officer came up; I found a pair of breeches, and two waistcoats, in her apron.

Q. What room is it your son sleeps in? - A. The two pair of stairs.

ELIZABETH NEWMAN sworn. - I lodge at Mr. Perry's: I saw the prisoner go up stairs; I was in my own room, up two pair of stairs, my room-door was open; I asked her if she was going up to see Mr. Perry, and she said, yes; she went down stairs again in about ten minutes, she went down very quick; she run out into the street, and I gave Mrs. Perry notice of it.

Samuel Perry . These are my waistcoats, and these are my breeches, they were left in the room.

Prisoner's defence. On Monday night, in the Christmas week, I met with Mr. Perry in Smithfield, and went with him and had some purl; and then he took me up into this room, and asked me to oblige him with my company for a quarter of an hour, and he would give me half-a-crown; he said he had no money, and desired me to call the next day; and he said I was come too soon, he had no money, and he gave me the things to pledge; it was not that young man, but the elderly man.

Q.(To Mrs. Perry.) Is there any elderly man lives in your house? - A. There is my husband, but he has been ill in bed these eight months.

GUILTY (Aged 21.)

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

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

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

Reference Number: t18000115-79

149. JAMES LAWLER was indicted for feloniously stealing, on the 13th of December , a pound of wool, value 4s. the property of certain persons to the Jurors unknown.

JOHN HALL sworn - On the 13th of December, between four and five o'clock in the afternoon, I caught the prisoner taking wool out of a bag, between Cox and Hammond's Quay , I saw him stop and pull it out of the bag of wool that was lying there under my care; I am a servant at the waterside; I took charge of him, I caught him with the wool upon him; there was some in his hat, some in his breeches, and the rest in his hand.

ROBERT BROWN sworn. - I am one of the watchmen upon the wharf: I was called by Mr. Hall to assist in securing the prisoner; I took the wool from him, and gave him to the constable; I saw some wool fall from his trowsers; I took him to the Compter, and there I found secreted in his hat a quantity more. (The constable produced the wool).

Prisoner's defence. I beg mercy of the Court.

GUILTY (Aged 58.)

Confined six months in Newgate , and fined 1s .

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

Reference Number: t18000115-80

150. CHARLOTTE WALKER was indicted for feloniously stealing, on the 7th of December , a watch, value 2l. a watch chain, value 2s. a silver seal, value 1s. 6d. and a watch key, value 1d. the property of John Taylor , privily from his person .

JOHN TAYLOR sworn. - On the 7th of December last, I was coming out of the White Bear, in Bride-lane , between twelve and one o'clock at night, I was rather the worse for liquor; I met with the prisoner as I was coming out at the door, and she asked me if I would give her any thing to drink; I immediately replied, that I could not give her any thing to drink, for I had not any money; she put her hand down to my breeches, and said, she was sure I had got some money; I put my hand down directly, and missed my watch chain; I had looked at my watch not ten minutes before, in the public-house, it was then half past twelve o'clock; then I felt in my fob for the watch, and found it was gone; I charged her with it, and she denied it; I called the watchman, and gave charge of her, the constable has got the watch; when the watchman came up, I saw something lying glittering on the ground, on the left-hand side of the prisoner; I stooped down, and it was my watch chain and seal, it was a silver seal with J T upon it; I desired the watchman then to search her pocket, to see if she had got my watch or not; we searched her pocket, but could find no watch there; one of the watchmen clapped his hand down her bosom and found the watch there; it is a silver watch, I know it by the maker's name, and number.

JOHN FOSTER sworn. - I am a constable, (produces the watch); the watchman gave it into my custody.

- NEGUS sworn. - Taylor gave me charge of the woman, and I found the watch down her bosom.

Prisoner's defence. I met with the prosecutor, he wanted me to take him home with me, but he said he had got no money; he then told me to go up that dark passage, and he gave me the watch till the morning; and after I had obliged him he wanted the watch back, and laid hold of the chain to pull it forcibly from me, and that was the way the chain broke.

Q.(To Negus.) Did she deny having the watch before you searched her? - A. Yes, she did.

GUILTY , Death . (Aged 50.)

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

Reference Number: t18000115-81

151. JAMES WILSON was indicted for feloniously stealing, on the 16th of December , a bridle, value 5s. the property of Thomas Marriott .

THOMAS MOTT sworn. - I am a warehouseman at the Bull-and-Mouth Inn , kept by Messrs. Willan and Marriott: On the 16th of December, between twelve and one o'clock at noon, I came into the street, and saw the prisoner coming out of a stable of the ride, where the coach-horses go in, and Mr. Willan and Mr. Marriott's riding-horses go in; I asked him what he had got there; I saw something under his smock-frock; he said he had got nothing; then I asked him whether he worked there; he said, yes; then I followed him down the street into St. Martin's-le-grand, he turned up St. Martin's-le-grand, and then I stepped after him, and told him I thought he had got something more than he should have; I took him by the collar, and asked him what he had got; he said only a bridle; if it belonged to me I might have it; I put my hand to the bottom of the bridle, outside of his smock, and would not let him drop it till I delivered him to an officer, who took the bridle from him.

POWELL GODDARD sworn. - I am an officer: The last witness gave me charge of the prisoner; I took this bundle from him. (Produces it).

THOMAS WILLAN sworn. - I am in partnership with Mr. Marriott, we keep the Bull-and-mouth Inn : Mr. Marriott has horses distinct from the partnership account; I think this is Mr. Marriott's bridle, I have occasionally used it myself; it does not belong to the partnership, it certainly is his bridle.

Prisoner's defence. I met a man that I knew, who said he had got a bridle to sell; I told him I would get him a customer for it, and I would sell it to the best advantage; I was going by the Bull-and-mouth, and I turned in to make water, but never was within the door. GUILTY . (Aged 26.)

Confined six months in Newgate , and fined 1s .

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

Reference Number: t18000115-82

152. WILLIAM PALIN was indicted for feloniously stealing, on the 9th of January , a sheet, value 5s. the property of William Guy , in a lodging-room .

Second Count. For stealing the same sheet, the property of William Guy.

WILLIAM GUY sworn. - I keep the Bell and Crown, in Holborn : On the 8th of January, the prisoner came to my house in the evening, he went into the coffee-room and had some liquor, I understood the prisoner wanted a bed; I came out to see what sort of appearing man he was, and I let him have a bed; he was to pay one shilling and sixpence for it, he was to go by the Aylesbury coach; I was alarmed in the morning before eight o'clock, I dressed myself, and came down; I found the prisoner at the bar in the custody of my servant.

JAMES - sworn. - I am porter at the Bell and Crown, in Holborn, we were without a waiter, and I carried in two glasses of liquor; the prisoner said he was going to bed, that he was going by the Aylcsbury coach, and I settled the reckoning with him; the next morning I got up about five o'clock, and set off the Buckingham coach; between seven and eight o'clock I saw the prisoner come out of the house, and go down the gate-way; I went up stairs, as is customary when a stranger sleeps in the house, to see if all was right in the bed; I went up, and saw but one sheet upon the bed; I directly came down, and followed the prisoner, and caught him in Brook-street; I told him a gentleman wanted to speak to him, and would not detain him a moment; he said, what kind of a gentleman; I said he was a stranger to me; he said he would come by-and-by; I told him the gentleman could not stay, and he must go with me, and then he went with me; I took him up to the bed-room, with the chamber-maid, I unbuttoned his waistcoat, and there I found a sheet wrapped round his body; my master was called up, and he sent for a constable, and he was secured.

SARAH WINTER sworn. - I was present when the prisoner was searched; I saw the sheet wrapped round his body, it belonged to Mr. Guy; there was but one left on the bed.

The prisoner did not say any thing in his defence.

GUILTY . (Aged 50.)

Confined six months in Newgate , and fined 1s .

Tried by the London Jury, before The LORD CHIEF BARON.

Reference Number: t18000115-83

153. ANDREW M'COY and JOHN MAPHAM were indicted for feloniously stealing, on the 24th of December , a ham, of the weight of twenty-five pounds, value 10s. the property of John Jesson .

JOHN JESSON sworn. - I am a cheesemonger : I can only prove the property.

CHARLES SANSUM sworn. - I am an officer of the City: On the 24th of December, I attended in Leadenhall-market ; I met the two prisoners about six o'clock in the morning, I watched them for some time; at last I saw a quantity of hams in Mr. Jesson's window; I observed the prisoners go by and look in the shop, and when they got some way past the door they both returned back again; M'Coy stood at a little distance, and Mapham went up to the counter, took the ham upon his shoulder, brought it away, and joined M'Coy; I took Mapham with the ham upon his shoulder; I got a person to assist me, and we brought them both back.

Jesson. I cannot swear to this ham; I missed a ham, and I believe it to be mine.

Mapham's defence. I am a poor lad out of work, and distress drove me to it; and being my first offence I hope you will shew my mercy; I went into the market with a basket of sowls, which I delivered, and this young man came up and asked me the way to the fowl market, and I shewed him the way; that is all that passed between him and me.

Sansum. I had been watching them both for an hour, attempting at other places, before I took them into custody.

The prisoner, Mapham, called one witness, who gave him a good character.

M'Coy, GUILTY (Aged 18.) Mapham, GUILTY (Aged 20.)

Confined two months in Newgate , and whipped in the jail .

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

Reference Number: t18000115-84

154. JANE HUGHES , alias DAVIS , was indicted for feloniously stealing, on the 14th of January , a gown, value 8s. the property of John Crouch .(The prosecutor was called, but not appearing, his recognizance was ordered to be estreated).

NOT GUILTY .

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

Reference Number: t18000115-85

155. JOHN GOURD was indicted for feloniously stealing, on the 10th of June , eleven gallons of wine, value 8l. the property of Thomas Wigzell .(The case was opened by Mr. Knowlys.)

THOMAS WIGZELL sworn. - Examined by Mr. Knowlys. I am a wine-merchant , in Jewry-street, Aldgate : in the month of June last, the prisoner was my cellar-man , and confidential servant ; he lived with me from about Michaelmas 1797, till the time that I had the misfortune to fail.

Q. On the 10th of June, did you lose any wine? - A. Yes; there is a permit drawn from my stock, for twenty-six bottles of foreign red wine, not French; and twenty-six bottles of foreign white, not French; making eleven gallons of wine. In

consequence of something that I discovered, I went to the house of a person of the name of Philpot, who lives in Swithin's-lane, a publican; I received from the Lord-Mayor, a bill of parcels, which was produced by Philpot. (It is produced.)

Q. At the time that this man lived with you, were you acquainted that he had any cellar belonging to himself? - A. No; upon examining my books, I applied to the Commissioners of Excise for the purpose of seeing the request note.

Q. The request note is a previous step, necessary to obtain a permit? - A. Yes, and of which I kept a counter part of those I knew of, in my permit book.

Q. This man lived in your service for some time; did you know his hand-writing? - A. Clearly.

Q. Look at that paper, and tell me if that is his hand-writing? - A. I have no doubt of it.

Cross-examined by Mr. Gurney. Q. You have told us that you lost some wine, on the 18th of June last? - A. Yes.

Q. Have you any other knowledge that you lost that wine, but that you have found a permit in your name for that quantity of wine? - A. No.

Q. If you had not found that permit, you would not have known, that on that day you lost any wine? - A. No.

Q. You do not mean to say, that upon looking over your books, you found a deficiency of actually fifty-two bottles that day? - A. Upon looking over my excise books, I did.

Q. Did you find an exact deficiency of fifty-two bottles on that day? - A.Between the two stocks, I lost more; the prisoner was a confidential servant, and I left him to the stock entirely.

Q.When was the prior stocking to the 10th of June? - A. The 31st of May.

Q.When was the subsequent stocking? - A. The 14th of June.

Q. Has the prisoner not given you a notice to produce your books? - A. He has.

Q. Now, do you mean to say, that upon the stocking of the 14th of June, there appears to be a deficiency from the stock of actually eleven gallons of wine? - A. I believe, by examining the book, you will find it so.

Q. The deficiency appears, upon the excise books, that is, that there was not so much wine in the cellar as the permits would cover? - A. Just so.

Q. Do you mean to say, that you never sent out wine without permits? - A. A great deal.

Q. You used wine, of course, for your own family? - A. Certainly.

Q. Of course, there were no permits for that? - A. Certainly not.

Q. Therefore there were these two modes of wine going out of your cellar, which there were no permits to answer for? - A. Yes.

Q. I have heard that it is the practice for one merchant to lend another permits? - A. In the course of fourteen years, I have known but one instance, and that I lent myself, and there will be found a particular entry in the permit book, with respect to it.

Q. You know that such a practice has existed among other wine-merchants? - A. I do not know it beyond myself.

Q. When had you the misfortune to become a bankrupt? - A. A commission was taken out against me, the beginning of November.

Q. I believe, about the 4th of July? - A. I was from home on the 2d of July, on a Tuesday.

Q. I believe, after the 4th of July, your business did not go on regularly? - A. I believe it did not stop till after the 5th of July, at night.

Q. When you send out wines without permits, it is in quantities less than two gallons? - A. We are allowed, by the Excise laws to send out none less than fifteen bottles; but if wine is to be sent into the neighbourhood, where it can he carried immediately without pitching it, but then I always keep an account of it in my order book.

Q. But the Excise don't keep an account of what goes out without permits? - A. No; I believe in that interval, there was not a single bottle sent out without permit, or used in my own family; there is no account of it in my books; there were four bottles for my own drinking.

Q.Was that account kept by yourself? - A. No, by the clerk; he is here.

Q. The books are kept by Mr. Grant? - A. Yes.

Q. Who was the servant that generally fetched the wine from the cellar; was it not a female servant? - A. Not at that time; the prisoner was the person generally employed to fetch up wine.

Q. Did not Ann Brydges use to bring it up? - A. She is here; but I cannot exactly speak to that.

Q.How long had you been making up your books, before you discovered any thing about this deficiency? - A. It was not discovered by my making up my books; it was discovered in consequence of some questions having been asked me an the third meeting before the Commissioners of Bankrupts.

Q. At that meeting your cellarman was examined as a witness? - A. No, he was not.

Q. Was he not brought there to be a witness? - A. Not that I know of.

Q. Did you not see him there? - A. Yes.

Q. Do not you believe he was brought there to be examined as a witness upon some transactions of your's? - A. I cannot say.

Q. Have you never said, that if he had not been so brought, you should never have prosecuted him? - A. No; I have said I should never have known of the robbery if he had not been brought there.

Q. Have you not said, that you would never have prosecuted him if he had not come there as a witness to prove something with respect to you? - A. Never in my life.

Q. What I am asking you about, is a transaction of a very recent date, and you cannot have forgot it - how long has the prisoner been taken up; I believe, a fortnight yesterday? - A. I believe, thereabouts.

Q. Have you not said, that you should not have prosecuted him if he had not come to Guildhall as a witness? - A.Never.

Q. Have you had any conversation on the subject with a Mr. Rule? - A. I had.

Q.Have you never said that to Mr. Rule? - A.Never.

Q. Have you never said any thing in substance like it? - A. Never; I told Mr. Rule, I should never have discovered the theft, if it had not arose from questions put to him on that day.

Court. Q. When was the examination before the Commissioners, at the third meeting? - A. On the 1st day of this month; and immediately upon the discovery I wrote a petition to the Commissioners of Excise for leave to examine their books, and to examine the request note, and I found out the request notes I had no counterpart of; and in consequence of that, I immediately took my books before the Lord-Mayor, and exhibited them to shew I had no entry of such quantities being sent out.

Q.Now, with respect to your decrease of stock - does it never happen that there is a decrease by accident, between one stock and another, by accidents of a cask? - A. It is a possible thing, but not a probable thing; but the officers of Excise in general are pretty correct.

Q. Do you mean to say, that you have never known a deficiency of your stock, which you have believed to have arisen from accident? - A. I have never discovered it.

Q. Have you never discovered a deficiency from leakage? - A. No, never.

Q. Then there is no such thing as leakage? - A. I do not say that; but I have never discovered it.

Q.Possibly you may not have enquired into it? - A. I had great confidence in the man I trusted, and therefore I did not look into it.

Q. May there not, by possibility, be a difference, by wine being bottled in large bottles, than the Excise calculate on? - A. Certainly there may, as far as possibility goes.

Q. Bottles are not always of the same size - A. Certainly not.

Q. The Excise calculate upon a particular sized bottle? - A. Yes.

Q. And therefore that might produce a decrease in their stocking? - A.Clearly.

Q. Who generally had the key of your vaults? - A During the day-time they were under the direction of the prisoner; when he went from the house, they were left in the passage, it was his business to leave them, and of course were left in the possession of Mrs. Wigzell, or the servant, or whoever was at home.

Q. I believe the prisoner has bought empty pipes, or hogsheads of you? - A. He has, three or four for the time he lived with me.

Q. The prisoner was occasionally sent out to bottle wine for your customers? - A. Now and then I have sent him out to bottle off a pipe of wine.

Q. Upon that occasion the lees are the perquisite of the bottler? - A. By no means; I consider them the property of the person to whom the wine belongs.

Q. But in point of fact, do not you know, that the person who has the wine, gives the lees to the bottler? - A. I never knew a single instance of it, and the man that does it is a great simpleton, that is my opinion of him.

Q. But, upon these occasions, are the pipes or hogsheads returned to you? - A. I have not a single instance in my recollection.

Q. Do you know, upon these occasions, whether the bottler purchases the hogsheads? - A. Not to my knowledge.

Mr. Knowlys. Q. Does the leakage find its way into bottles? - A. If it does, it must be by intent.

Mr. Gurney. Q. I believe there is a debt now due to the prisoner from your estate? - A. There is.

Q. Is there not, in that very account, a sherry butt? - A. There is not; there were two sherry butts taken away without my knowledge, a thing I never suffered; there is no account of any such thing, but in the prisoner's hand-writing.

Mr. Knowlys. Q. As to those bottles, they were taken without your leave, though he has given you credit for them? - A. He has, and it is a circumstance that I never allowed.

WILLIAM BEETHAM sworn. - Examined by Mr. Knowlys. I am a surveyor of the Excise, Mr. Wigzell's cellar, as a wine-merchant, was within my survey.

Q. Have you any request-note to obtain two gallons of red wine, not French, and two gallons of white wine, not French, on the 10th of June? - A. I have. (Produces it.)

Q. The request-note is necessary to obtain a permit? - A. It is.

Q.(To Wigzell.) Look at that request note, and tell me whose hand-writing that is? - A. I have no doubt of it being the prisoner's.

Q.Is that the usual way in which request-notes are sent? - A. They are written in the same way; but whenever a permit has been drawn for a request-note, it ought to have been drawn from a book kept in my accompting-house, called a permit-book, the counterpart of which remains, the same as with banker's checks: there are two books, one that I keep, in which I keep a counterpart of the permits; I draw the stock sent out, and I keep a counterpart of it from that book; it is the business of the clerk to transcribe the permits that are drawn, for the purpose of knowing what quantity is sent out of my stock, it has so regularly been done and copied by the clerk in the accompting-house, but the name of Philpot mentioned, is not entered by my clerk, but is entered by the prisoner in this book, kept for the purpose of the Excise, without the knowledge of my clerk; after the account has been written up by me, it is in his handwriting; the books are here to shew it, but not in my book, or any of my books. (Produces the books.)

Mr. Gurney. Q. This book lay in your accompting-house? - A. Yes.

Q.And the entries were made by your clerk; before and after the name of Philpot appears, the subsequent names were written by your clerk? - A. No; I believe they are Gourd's hand-writing, they look very much like it, except the last one; the previous ones are entered by my clerk, and they appear to have been entered up to the 11th of June, but this was permitted on the 10th of June, and was written by the prisoner after the entry, on the 11th of June, and the rest, I believe, are entered by the prisoner, except the last one; the one in question, there is no date placed against the name, and it is entered after the entry of the 11th, the stock was taken on the 14th, and therefore I cannot say when it was entered; it was entered apparently on the 14th. (The permit grounded upon the request-note, produced and read.)

Beetham. There appears in my book, a decrease in the stock for this permit, of fifty-two bottles.

Mr. Gurney. Q. Do you mean to say that is the exact decrease? - A. No; there are several bottles decrease; of red, seven bottles, and white, fourteen bottles.

Q.Allowing for this permit? - A. Yes.

Q. It is not uncommon to have a decrease? - A. By no means; on the 31st of May, there was a considerable decrease in the stocks.

Q.In almost every stock, there is a decrease more or less? - A. If they have been bottling, there is sure to be a decrease.

Q. Not only in Mr. Wigzell's stock, but in every other? - A.Most people's. (The permit read)

JAMES ARCHER sworn. - Examined by Mr. Knowlys. I am permit-writer to the Excise.

Q. Is that permit of your writing? - A. Yes, it is. (It is read.)

Q. That permit is grounded on a request-note previously sent? - A. Yes.

Q. Is that the request-note upon which it was granted? - A. It is.

Q.(To Beetham.) If Gourd had had a cellar, you must have known it? - A.If it had been in my district, not else.

JOHN PHILPOT sworn. - Examined by Mr. Knowlys. Q. Did you, on the 10th of June, receive two dozen of red wine, not French, and two dozen of white wine, not French? - A. I cannot be punctual to the day, but it was thereabouts, the permit accompanied them.

Q. Is that the permit? - A.It is impossible; it may be the permit, but I cannot swear to that; the permit is given to my stocking-office every twelve or fourteen days; I cannot swear to that.

Q. Did you receive any bill of parcels with it? - A. Yes.

Q. Is that the bill of parcels? - A. It is.

Q. Who did you pay the money to? - A. A porter employed by the prisoner to bring it from his vaults to mine, it amounted to five pounds sixteen shillings; I gave a five guinea check in part.

Q. To whom is the other eleven shillings due? - A. To the prisoner.

Q. Where did you taste that wine before you bought it? - A.Under a hair-dresser's shop, in the Minories, on the left-hand side, along with Mr. Close; the prisoner was there, and Mr. Close tasted it; I objected to it as being flat, and he recommended it as being bottoms.

Mr. Gurney. (To Wigzell.) Q. You had no cellar in the Minories? - A. No; I had that cellar, which I understand the prisoner now has.

Q. Did you desire to have a permit with this wine? - A. He asked a guinea and a half for a dozen; I told him it would be a long while before it would come round, it was flat, and I would not give more than twenty-nine shillings, and if he did not send it regularly by a permit, I would not have it at all; he agreed to take the twenty-nine shillings.

Q. You looked at the permit? - A. Yes.

Q. By which you found it to be part of Mr. Wigzell's stock? - A. I looked at the permit at the time; I did not know how it was, sending in a permit in another person's name, but there have been many circumstances of lending and borrowing permits.

Cross-examined by Mr. Gurney. Q. You bought it as bottoms? - A. Yes.

Q. And should you have got good red wine, that

were not bottoms, at that price? - A. Three or four and thirty shillings was the price at that time; but I bought it as bottoms.

Q. You know there has been in the trade a custom of lending and borrowing permits? - A. Yes.

Q. And you supposed that it was a borrowed permit? - A. I did.

Mr. Knowlys. Q. Is it usual for a servant, not dealing in wine himself, to borrow a permit of his master? - A. I did not know he was servant to Mr. Wigzell.

Q. Have you not been at Mr. Wigzell's house? - A.No.

Q. If he had been a dealer in wine, would not the permit have been in his own name? - A.Undoubtedly.

Q. From what you saw in the cellar, had you reason to suppose he was a dealer in wine? - A. We do not look at people's stock always.

Q. Had you any reason to suppose, from the appearance of the cellar, that he was a dealer in wine? - A.There were a great many bottles of wine; we had no candle; I had not a prospect of the whole extent of the cellar.

Q. Did you believe you were going into a wine-merchant's cellar? - A. It is a true sign, for there was wine to taste.

Q. Did you believe you were going to a regular wine-cellar? - A. We went to taste of the wine.

Q. Did you believe that Gourd was a wine-merchant at the time you dealt with him? - A. He was not recommended to me as such.

Q. Did you believe that he was a merchant? - A. It was recommended to me as bottoms, and I bought it as such.

Q. Did you believe you were going into a wine-merchant's cellar? - A. I cannot say any further than as I said before, there was wine there.

Q.Did you ask him who Mr. Wigzell was, whole stock he sent in? - A. No, I did not.

JOSIAH GRANT sworn. - Examined by Mr. Knowlys. I was clerk to Mr. Wigzell on the 12th of June.

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

Q. Do you know his hand-writing? - A. Yes; I have often seen him write.

Q. Look at the hand-writing of that bill of parcels? - A.It is the hand-writing of Gourd.

Prisoner's defence. I lived with Mr. Wigzell about a year and eleven months; I had been in the habit of bottling off wine for several gentlemen, and when I have bottled off wine I have had the cask, and I have had the bottoms, both of white and red, which I have put by; and knowing how to manage them, I have brought them round; not to a proper state, but so as to be sit to drink; I had these bottoms by me, and I spoke to Mr. Close, and told him I had three dozen of each, and he brought Mr. Philpot to me; Mr. Philpot tasted the wine in my cellar, and he and I agreed for the price; I believe there is a witness in Court that has been with me when I have brought home these wines from different places; and, I believe, a witness that tasted the wines in the cask, and was going to recommend me a customer before I bottled it off, but the wine being flat, he could not recommend it to this friend of his, because it was not so good as he could wish it; and I hope and trust the person is in Court now that I sent with it; I drew the permit as usual in the trade, thinking no harm in it; in the course of a few days, Mr. Wigzel was looking over the books, and he saw that in the Excise-book; he said, who is this Philpot; I said, why, Sir, it is a permit that I have borrowed; he said, I shall not stand any such nonsense as that; I told him I would not do so again; and so it passed on till I appeared before the Commissioners at Guildhall; he has done this out of revenge; I hope and trust there are witnesses in Court that can prove that I have bought the casks, and had the bottoms.

Court. (To Wigzell.) Q.Have you never had any conversation with this man about the name of Philpot in your books? - A. Never.

Q. I ask, upon your solemn oath, whether, before the Commission, be had ever told you it was a borrowed permit? - A.Upon my oath he never did.

Q. Upon your oath, is what he has said, upon that subject, false? - A. It is false; I never did know that the name of Philpot was in any one of my books, till since the 1st of January.

For the Prisoner.

EDWARD WALLIS sworn. - Examined by Mr. Gurney. I am servant to Messrs. Bamford and Brewer, in Mincing-lane; I have known the prisoner two years.

Q. Do you know of his having been possessed of any wine casks? - A. I recollect his buying one when he was at Mr. Wigzell's, over the water, where he had been bottling off wine.

Q. Had it the lees in it? - A. I saw him bring it home to Mr. Wigzell's.

Q. Was that a year ago? - A. I suppose near half a year ago; he had not then a cellar in the Minories.

Q. From the lees, is it in the power of any man, by draining, to get wine? - A. Yes, certainly.

Q. Do you know whether the prisoner was in the habit of doing that? - A. That is the only one I ever knew him buy.

WILLIAM CHENY sworn. - Examined by Mr. Gurney. I follow the wine business, and job where I can get it to do.

Q. Do you know any thing of the prisoner buying casks? - A. Yes, many; empty casks.

Q. Any wine casks? - A. Yes.

Q. With or without the lees? - A.Without the lees; I never knew him buy any with.

Q. How long ago? - A. Near a year.

Q.Have you ever known him collect the lees from the wine? - A. I have been with him many times when he has been bottling off wine; I was with him at Mr. Tappenden and Denham's, in Foster-lane, and he had the bottoms, which was always the rule, both for cellarmen and coopers, unless the gentleman objected to it; I never heard any otherwise in all my life; he bottled off two hogsheads for Mr. Curtis, at Homerton, when I was with him, and he had the lees there.

Q. Do you know of any other instance? - A. Yes; Mr. Giles, at the west end of the town.

Q. From the lees, or the bottoms, was it in his power to collect wine? - A. Yes; by keeping them a certain time, bottling them off, well corking them, and letting them be of a proper age, they will come round.

Q. In what length of time can it be made saleable? - A. Sometimes four or five, or six months; and sometimes less.

Q.What is the greatest distance of time in which it will come round? - A. It may be six months.

Cross-examined by Mr. Knowlys. Q. How long ago is it since he purchased these things? - A. I am not clear to the time.

Q.Was it one year, or seven years ago? - A.About two years ago, I suppose.

Q.Before, or after he lived with Mr. Wigzell? - A.Before.

Q.Have you known him get any thing of this sort since he lived with Mr. Wigzell? - A.No.

Q. Where was it that he put this wine after it had been given to him? - A. I heard that he had put it in Mr. Wigzell's cellar, in the Minories.

Q. How long is it since he took the cellar in the Minories - will you swear that he had that cellar even six months ago? - A. I cannot undertake to say.

Q.Will you swear that he had it so long as four months ago? - A. I cannot.

Q. Before he lived with Mr. Wigzell, where did he put this wine that he had of Mr. Curtis's? - A. I do not know.

Q. Do you mean to say he had a cellar? - A. No, I cannot tell; I always thought him very just, I received my daily labour from him.

Q.Did you work for him? - A. Yes.

Q. Where did he live at that time that you worked for him? - A. Yes.

Q. Where did he live at that time that you worked for him? - A. At Squire Plumer's, in Fen-court.

Q. Did you help him to convey away those bottoms? - A.No.

HENRY HARAN sworn. - Examined by Mr. Gurney. I was employed by Mr. Gourd to carry out some wine, and wash some bottles; I carried some wine to Mr. Philpot's, in the month of June last; to the best of my recollection it was four dozen, it was packed up; I carried it from Mr. Gourd's cellar in the Minories, it was under a wax-chandler's shop, to Mr. Philpot's, and he gave me a draft for five-guineas, and said he would settle with Mr. Gourd for the remainder.

Q. Have you ever been in the habit of buying bottles for him? - A. He employed me three or four days in washing bottles and collecting bottles.

Cross-examined by Mr. Knowlys. Q. You took this from Gourd's cellar? - A. Yes.

Q. Where it came from before you do not know? - A. No.

- BRIDGES sworn. - Examined by Mr. Gurney. Q. Are you subpoenaed by the defendant? - A. No; but I thought this man an injured man, and I came to hear the trial.

Q. Do you know if it is customary, when a cellarman is sent to bottle off wine, that the lees are given to him? - A.I believe they are very frequently given.

Q. Is it in the power of the person to whom these lees are so given to collect wine from them? - A. Certainly it is, in considerable quantities.

Q. In the month of June-last, was twenty-nine shillings a dozen a fair price for wine? - A. For bottoms I think it was a fair price; it certainly would not have been a fair price for very good wine.

THOMAS CROWSIE sworn. - Examined by Mr. Gurney. I am a merchant's agent, and master porter.

Q.Do you know the custom of bottling wine? - A. Yes.

Q. Upon sending a cellarman to a gentleman's house to bottle wine, is it customary to give him the bottoms? - A. There are many people that won't part with any thing, though they throw it away afterwards; but any gentleman does.

Q. Is it in the power of any person to get wine from bottoms? - A. Yes; they are always put into a bag to drain the wine from it; I have known the prisoner these twelve or thirteen years, during all that time I never heard a syllable against him since I was born; I have known him trusted with ten thousand pounds at a time.

JOHN EARLY sworn. - Examined by Mr. Gurney. Q. As a wine-cooper you must know the custom of bottling wine? - A. Yes.

Q. When a cellarman is sent to bottle off a gen

tleman's wine, are the lees given him or not? - A. Very frequently.

Q. Can the cellarman, from those lees, drain any wine? - A. A considerable deal; I have known the prisoner two years, he is a very honest industrious man.

JOHN BARTON sworn. - Examined by Mr. Gurney. I am a wine-merchant.

Q. If a cellarman goes to bottle wine at a gentleman's house, is it not usual for for the gentleman to give him the lees? - A. I believe it is very common.

Q. Can the cellarman get some wine from those lees? - A. To be sure he can; the prisoner lived in my service about eight years, I have known him about thirteen years in the whole, and I never heard any thing against his honesty at all.

THOMAS BROWN sworn. - Examined by Mr. Gurney. I deal in casks and bottles: I have known the prisoner twelve years; it is customary for cellarmen frequently to have the lees given them, they generally have them in the pipe, the butler frequently fells the pipes, and the cellarman has the lees; I have known the prisoner thirteen years, he has always borne the character of an honest man.

WILLIAM RULE sworn. - Examined by Mr. Gurney. I am foreman to Messrs. Watts and -.

Q. Have you had any conversation with Mr. Wigzell upon the subject of his charge against the prisoner? - A. A little; I think it was last Monday.

Q. Did Mr. Wigzell say any thing to you about the reason why he charged the prisoner? - A. He did not; he told me that he found it out, that the wine was missing, by the Excise books.

Q. Did he give you any other reason why he charged the prisoner? - A. He did not.

JOHN BAKER sworn. - Examined by Mr. Gurney. I keep a school: The prisoner is as honest a man as ever broke the world's bread.

Cross-examined by Mr. Knowlys. Q. As a school-master, do you confine your teaching to the week days only? - A. No.

Q. You occasionally teach on a Sunday? - A. Yes.

Q. You have no reason upon earth to be angry with Mr. Wigzell? - A. No.

Q. Nor Mrs. Wigzell? - A. No.

Q. You were never turned out of their house? - A. No.

Q. Nor their cellar? - A. No.

Q. Not by Mrs. Wigzell? - A. No.

Q. Have you never been told not to shew your face there? - A. Not to my knowledge; I believe I can say upon my oath I never was; once Mrs. Wigzell flew in a passion when I was there, and desired me to go; I was then in the shop, where they wash the bottles, and I thought certainly Mrs. Wigzell was not in her senses.

Q. For turning so good a man as you away? - A. Yes; I thought she had either drank a little, or something, I cannot tell what.

Q. You have never been there again, I dare say? - A. Yes, I have.

Q. What, without their knowledge? - A. I cannot say with, or without.

JOHN DOWSETT sworn. - Examined by Mr. Gurney. I am an Export officer of the Port of London; I have known the prisoner from ten to twelve years, he is a very honest man.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t18000115-86

156. JOHN GOURD was again indicted for feloniously stealing, on the 5th of July , eleven gallons of wine, value 8l. the property of Thomas Wigzell .(The case was opened by Mr. Knowlys.)

THOMAS WIGZELL sworn. - Examined by Mr. Knowlys. In the month of July I was a wine merchant , in Jewry-street, Aldgate ; the prisoner was my cellarman : It was his business when request-notes were wanted, to draw them from the permit-books; I had the misfortune to sail on the 2d of July; I had no reason to be acquainted with this wine being taken out of my stock till after the 1st of January; there were two dozen of red, and two dozen of white wine, gone out of my stock.

Q. Did you find any entry of that circumstance in your permit-book? - A. No, I did not; in consequence of an application to the Excise, a counterpart of the permit was granted, by the permission of the Commissioners.

Q. In consequence of any thing you saw at the Excise-office, did you make enquiry after a person of the name of Stratford, at Littleton, in Middlesex? - A. I did; but I could not discover any such person; I made every enquiry that I possibly could, in every channel, without success; I then applied to my Lord-Mayor; I got a warrant, and he was taken up.

Q. Are you able to state if what the prisoner said before the Lord-Mayor was taken in writing or not? - A. I believe not wholly.

WILLIAM- LEWIS NEWMAN sworn. - Examined by Mr. Knowlys. I am clerk to the Lord-Mayor: I was attending during the examination of the prisoner before the Lord-Mayor; none of the examinations were taken in writing.

Mr. Knowlys. (To Wigzell.) Q. Did you charge the prisoner with taking the wine in question? - A. I did; to the best of my recollection, the prisoner first stated that he had received an order from a carrier in Holborn for a dozen, and if the wine was very good, two dozen; if my recollection serves

me right, he said he had received a letter from his sister, at Chertsey, respecting this order; but that he did not know what charges were to be brought against him, or he would have produced his witnesses, or to that effect; the Lord-Mayor said, that in consideration of that, he would allow him from the Wednesday to the Friday to produce his witnesses; in consequence of which, he was remanded till the Friday; I attended again on Friday, his sister then appeared; two letters were produced in the presence of the prisoner; the letters, I believe, were given up to the prisoner.

Q. I think I asked you if there was any trace in your permit, of this transaction, on the 5th of July, in your permit-book? - A. No, nor in my vault-book; the permit-book is a counterpart of request-notes.

Cross-examined by Mr. Knapp. Q. There is no trace in any book that you have of these goods going out of your stock? - A. None, except the book belonging to the Excise.

Q. Of course, if there had been any permit of that kind, it would have appeared in that book? - A. It ought to have done; it does appear in the Excise-book.

Q. Supposing him to have had any dealing of his own, it would not have appeared in your books? - A.Certainly not.

Q. You left your house on the 2d of July? - A. Yes.

Q. How lately before the 2d of July had you the opportunity of taking your stock? - A. I had every week that I chose to do it; but I placed that confidence in the prisoner, that I did not think it necessary.

Q.You had no means, within your own power, of knowing what wine was in the cellar, except the Excise-book? - A. Not at that moment; I had placed that confidence in the prisoner that I thought all would be right.

Q. How long had the prisoner been in your service? - A.From Michaelmas, 1797, to the 5th of July, 1799.

Q.During that time, had you and the prisoner any dealings in the wine trade as between you and him? - A. Not to my recollection.

Q. Then there was no dealing at all between you? - A. I believe he had one or two dozen of porter.

Q. You are perfectly certain that there was no transaction between you with respect to wine? - A. I do not recall to my recollection one single circumstance.

Q. There was no account standing between you, debtor and creditor, at the time you left your house? - A. I settled with him in full on the 13th of June, or the 15th, or thereabouts.

Q. There are no accounts at all out-standing, between you, after that time? - A. I owed some little for wages, and some trifle.

Q. A pound or two? - A.It must be more I should concieve.

Q. This was in July? - A. The 2d of July.

Q.When was it you took the prisoner before the Lord-Mayor? - A. I think he was apprehended on the 6th of January.

Q. So that from July till the 6th of January, no charge was made against the prisoner? - A. I did not know of it before.

Q. Had you the curiosity to take your stock upon your return to your house? - A. No.

Q. Then the only mode of ascertaining the quantity of wine you had, was from the Excise-books? - A.Clearly so.

Q. Therefore, for the accuracy of the accounts, you must depend upon the Excise-books, and not your own? - A. Certainly.

Q. How many examinations had taken place before the Commissioners? - A. Three.

Q. Was the third adjourned? - A. Yes.

Q. When was the third? - A. The 1st of January.

Q. The prisoner was taken up on the 6th? - A. Yes.

Q. Was the prisoner examined as a witness before the Commissioners? - A. No.

Q. Was he examined by the Solicitor before he went before the Commissioners? - A. No.

Q. Nor examined at all? - A. Not to my knowledge; he was not publicly examined by the Commissioners.

Q. Do you know of his being examined in point of fact? - A. No, I do not.

Q. I ask you whether you have not heard, from any one person, that the prisoner at the bar was called upon before the Commissioners on behalf of any creditor? - A. I wish to know whether I am to give evidence of what I know myself, or what any body may have told me, God knows who.

Q. Was he not examined before the Commissioners? - A. He was not.

Q. Have you not heard that he was examined before the Commissioners? - A. I have heard it, but not to my own knowledge.

Q. You saw him there, did not you? - A. I did.

Q. Can you recollect why your examination was put off? - A. In consequence of some questions put to me respecting my stock, a question was put to me which staggered me most astonishingly; one of the creditors supposed I had embezzled some of my stock, but conscious of the inability of such an act, I was astonished; I then presented the whole of my books, and accounts, and every atom of paper that I had had during the time I had been in

business, and desired them to select such books as they thought necessary to the examination; when I came before them, one of the questions put to me was with respect to my stock, and my permit-book was asked for, which had not been selected, and I could not answer the question for want of that book; the Commissioners thought it necessary to see the original book, and therefore they deemed it necessary that the meeting should be adjourned, at my request, at the request of the assignees, and at the request of the creditors.

Q. Upon that account alone was the examination put off? - A. I conceive that I am not bound to answer that question; it can have nothing to do with the present question; but if my feelings have been suppressed in the first instance, I now feel it my duty to say all that did pass: the prisoner came forward with a charge, base in the extreme; he charged me with secreting estates that I had at Greenwich.

Q. Was that at the third meeting? - A. Yes.

Court. Q.Was that a suggestion at the last examination, or before? - A. Before.

Mr. Knapp. Q. You have described to the Gentlemen of the Jury, the conversation as relative to your stock; now you are going to describe something the prisoner was base enough to state, respecting your house at Greenwich, that was at the third examination? - A. Yes.

Q. Do you recollect that the prisoner stated any thing before the Commissioners? - A. I said, that this thing was brought before the Commissioners, I did not say it was by the prisoner, but as presented from him, and delivered by somebody else, as I was told.

Q. That was a charge originating from the prisoner, and coming through the mouth of another person exhibited against you? - A. It was a charge exhibited against me, by a counsel that was there.

Q. These are the instructions that you understood were conveyed by the counsel? - A. It was a thing that I could not have supposed could have come against me.

Q. You supposed it to have its origin from the prisoner? - A. Yes.

Q. Was not the charge this, that you had not given an account of an estate that you had at Greenwich to the Commissioners? - A. That was the charge.

Q. Had you an estate at Greenwich, previous to your bankruptcy? - A. I had, about twelve or thirteen years ago, which was stated in my accounts, it was sold, and was in my books of accounts regularly entered at the time.

Q. Had you received any rents from that estate yourself? - A. Not latterly; the houses have been pulled down, and I sold them to Greenwich-Hospital.

Q.In whose possession was that land? - A. Greenwich-Hospital.

Q. Has the prisoner ever received any rent for you of that estate? - A.Never.

Q. No receipts were ever wrote by you, on his giving you an account of money received as rents? - A. Certainly not from that estate.

Q. Not from that particular estate-had you any house at Greenwich? - A. I had a house at Greenwich, for which I paid twenty pounds a year, and I let it for twenty pounds a year; and the lease upon which I let it was out, and I stated it in my accounts.

Q. Had you stated it to the Commissioners before you were examined to it by Counsel? - A. I had stated it in my books.

Q. Had you stated it by word of mouth? - A. I had not, but it was in my books.

Q. Had the rent been received of that house by the prisoner at the bar for you? - A. It certainly had.

Q. Upon that being conveyed to the Commissioners, through the medium of a Counsel, and as you suppose, originating with the prisoner-this took place on the 1st of January? - A. It did.

Q. And then on the 6th, and not till the 6th, you apprehended the prisoner? - A. It was not till after the 1st, that I knew of this circumstance.

Q. This explanation took place on the 1st of January? - A. The prisoner at the bar tempted Mrs. Wigzell, but she was inflexible.

Q. I did not ask you any thing about Mrs. Wigzell?

Court. He has a right to explain any thing you ask him about. - A. I was totally unconscious that any decrease could have happened, and I was so well assured, that Mrs. Wigzell's conduct was such that she could not have suffered such a thing; she told me to enquire, and I examined my permit-book, to see if I had been correct in my former examination; I found I was correct, it made me very unhappy; I could not be easy, that such a question should be put to me without knowing upon what ground, not being able to discover any thing in my books incorrect; it led me to examine the books kept by the Excise, and which ought to be an accurate transcript of the book which I had; I acquainted my assignees of the circumstance, and under their direction, as well as my own inclination, I investigated the business, and acted under their direction throughout the whole business.

Q. There were other persons employed by you, in your wine trade, besides the prisoner? - A. I had a clerk.

Q. And other persons employed in your cellar? - A. There was a man employed by the prisoner, but he had no business in the cellar; he was employed to wash the bottles, as I understood.

Q. Supposing he sold a pipe of wine, and were to bottle it at the person's house, was it the course of his employment, that he should go with the wine, and bottle it in the gentleman's house? - A.Whenever I sent him; but no circumstance of that kind took place from the 2d of July.

Q. You went away on the 2d of July? - A. I did, on Tuesday the 2d.

Q. And how long were you absent? - A.Till the Sunday following; I went away again on that day.

Q.During that time, will you take upon yourself to swear, whether any wine was bottled? - A. I can only say from my books; I had no person in my service capable of executing the order, besides himself; I left the vaults in his care, and the clerk in the accompting-house, to write any thing that he might direct him to write.

Q. I would ask you, whether you know of any perquisites the cellarmen have, when they bottle wine at customer's houses? - A. Never; if gentlemen chuse to give them, that is another thing.

Q. How-long have you been in the trade? - A.Fourteen years.

Q. Have you never heard of the perquisites of cellarmen at a customer's house? - A. Never farther than any gratuity of money.

Q. Do you mean to say, that you never heard of any perquisites, except money? - A. No, and those that do, I should think very wrong.

Q. Then you never heard of any bottoms of casks as the perquisites of cellarmen? - A.Never.

Q. You would be quite surprized then, at any gentleman who had been as long in the trade as you have, swearing that there were such perquisites? - A. I am not accountable for what others may know.

Q. You would be surprized then? - A. I am not surprized at any thing.

Q. Have you ever permitted the prisoner to sell any wine upon his own account? - A. To the best of my recollection I never have.

Q. Nor ever suffered him to have a permit for his own purpose? - A.Never.

Q. Have you never heard of such a thing as borrowing a permit? - A. I certainly have, but not between the prisoner and myself.

Q. You were in Court during the whole of the trial last night? - A. I was.

Q. You heard many gentlemen examined of the wine trade? - A. I did, but I did not know them II.

Q. Do you still hold it as your opinion, in the course of the wine trade, that you never heard of such a thing as a perquisite of the bottoms of casks, upon being bottled off in a person's own house? - A.Certainly I do.

Mr. Knowlys. Q. The 13th of June was the last settlement you had with the prisoner, for wages? - A. There, or thereabouts.

Q. Of course, when he was discharged from you, something remained due to him from that time, till the time he was discharged? - A. Yes.

Q. And that, and that only, was what you were indebted to him? - A.Certainly.

Q. When was he discharged from your service? - A. The 6th of July; the place was not open for business after that time; it was closed by Mr. Harris, who is my particular friend.

Q. Had he, to your recollection, ever dealt with you for wine? - A. I have not the recollection that he ever did.

Q. Did he ever communicate to you, any thing respecting this transaction, with which you charged him on the 5th of July? - A. Never.

WILLIAM BEETHAM sworn. - Examined by Mr. Knowlys. I am a surveyor of the excise in the district in which Mr. Wigzell's cellar was.

Q. Have you any request-note of the 5th of July, of two dozen of red wine, and two dozen of white wine, not French? - A. I have a request note of the 5th of July, 1794; but it was not received till 1799.

Court. Q. Did you find it upon the file of 1794, or 1799? - A. The file of 1799.

JOSIAH GRANT sworn. - Examined by Mr. Knowlys. I was clerk to Mr. Wigzell; I have frequently seen the prisoner write.

Q. Look at that; is that the prisoner's handwriting? (shewing him the request note;) - A. Yes, it is.

Q. What does it appear to be written upon? - A. The back of a letter.

Q. Is that the way in which request notes are usually written? - A. No; they are written from the permit-book, a book that is kept in Mr. Wigzell's accompting-house.

Q. Is it your course to keep a check opposite the request note in the book? - A. Yes; in the same way as a banker's check-book.

Q. That is not written in such a way? - A. No, it is not; it is written upon the back of a letter.

Q.(To Beetham.) When was that request note delivered to you, in order to form a permit? - A. It was not delivered to me; I took it off the file.

Q. The request-note is necessary to have a permit-note agreeable to the contents of that request-note? - A.Certainly.

Q. When you grant a permit, do you keep the counterpart of that permit in the office? - A. We do.

Q. Has the permit, which was granted in consequence of that request-note, been returned to the office? - A. It has not; it does not appear in our books.

Court. Q. Have you all your permits returned by the trader? - A. No; if the trader draws for a permit, and the goods do not go out, it is returned back in such a time; we gave them an hour perhaps to be out of their stock, which was the same in this, and then we accept it.

Court. Q. This was not returned at all? - A. It does not appear by our books that it was.

Mr. Knowlys. Q.Have you the counterpart of the permit granted upon that request-note? - A. I have. (Produces it.)(The request-note and counterpart of the permit read.)

Q. Did you find a deficiency in the stock of Wigzell, equal to that quantity of wine sent out? - A. It appears after the balance of the stock, on the 18th of July, deficient seventeen bottles of red, and twenty-six of white, more than is permitted out from the 2d of July to the 18th.

Q. Do I understand you right, that there would be two dozen of red, and two dozen of white, deficient, besides seventeen bottles of red and twenty-six of white? - A. Yes.

Jury. Q. Mr. Wigzell stated that the prisoner was discharged on the 6th of July?

Mr. Knowlys. Certainly he was.

Cross-examined by Mr. Knapp. Q. If a person chuses to remove from his cellar a dozen of wine at a time, he may, without a permit? - A. Yes.

Q. In the course of the wine trade, a person not being able to carry out a permit within the time, returns it? - A. Yes.

Q. If a dozen of wine was sent out by the master's order, or by the mistress, it might be delivered without a permit at all? - A. Yes.

Q. A permit specifies a particular time when the wine should be sent out; and if it is not used, sent back again? - A. Yes.

Q.Sometimes, by some accident or other, when it is not used, it does not find its way back? - A.Sometimes.

Mr. Knowlys. Q.If the permit which you grant is not returned to you, I believe the tradsman is charged with so much? - A. Yes; if there appears an increase, it is forfeited.

Q. Was there any irregularity in the permit between those two stockings? - A. There does not appear to be any by our books.

ANN BRYDGES sworn. - Examined by Mr. Knowlys. I lived servant with Mr. Wigzell in July last; I lived with him three years and a half: Mr. Wigzell left his house on Tuesday, the 2d of July, the prisoner was discharged on Saturday the 6th.

Q.After he was discharged, who had the care of the cellar? - A. I had chiefly the care; I had the keys; and no person went into the cellar without me.

Q.Then after that time, was there any wine taken out of the cellar? - A. Not between that and the 18th; not a bottle.

Cross-examined by Mr. Knapp. Q. Are you with Mr. Wigzell now? - A. Yes.

Q. Do you know a Mr. Lee? - A. I do.

Q. The keys were never out of your possession? - A. It was before that, that Mr. Lee had the wine.

Q. How long before that? - A. I cannot tell; I heard of some going out.

Q. When did you hear of it? - A. It was about the time that Mr. Wigzell left his home.

Q. Was it before or after? - A. I believe it was after.

Q. How long was it after? - A. It might be the same day, or the next; it did not concern me.

Q. What quantity was it? - A. I cannot tell indeed.

Q. Whether it was all red wine, or red and white, you cannot tell? - A.Certainly not.

Q. Were you at home? - A. Yes; but I did not enquire; there was something went out of the cellar, but whether it was wine or not I cannot tell.

Q.Did you see it go out? - A. No.

Q. Did you hear it removed out? - A. No, I did not; I heard that he had some.

Q. You heard it from whom? - A. I might hear my mistress speak of it.

Q. Did you or did you not hear your mistress speak of it? - A. I did hear my mistress speak of it.

Q. Did you hear whether it went in a cart, or upon a man's shoulders? - A. No.

Q. Do you know whether it was spirits, or porter, or what? - A. I cannot tell what it was.

Q. Cheese, perhaps? - A. No, it was not.

Q. What do you think it was? - A.Either spirits or wine.

Q.But what the quantity was, or what the quality, you are perfectly blind and deaf? - A. It is not likely I should know.

Q. But your mistress told you of it? - A. My mistress said she thought it was very wrong.

Q. Mr. Wigzell was not at home? - A. No; and he was very angry with Mr. Lee for having it.

Q. You do not know to whose house Mr. Wigzell went? - A. No; but I believe, upon my oath, he knew nothing of it.

Q. He did not go to Mr. Lee, I dare say? - A. I cannot tell; Mr. Lee was his attorney.

Q. Do you know whether he went to his house or not? - A. It is natural to suppose he did.

Q.Where were the keys kept generally? - A. In the drawing-room with my mistress.

Q. Mrs. Wigzell did not trust any body else to go into the vaults but you? - A. No person went without me, after the vaults were shut.

Q. As the wine went to Mr. Lee's, after Mr. Wigzell left the house, who was kind enough to

go into the cellar to send out this wine? - A. This was before the cellarman was discharged.

Q.And Mrs. Wigzell knew of it? - A.She knew of it after he was gone.

Q. Mr. Lee was Mr. Wigzell's attorney, and particular friend? - A. I do not know; he was his attorney.

Q. Mr. Lee was the clerk under the commission of bankruptcy? - A. I believe he had the commission.

Mr. Knowlys. Q.Then at the time Mr. Lee had the wine, the prisoner was not discharged? - A. No.

Q.Therefore the cellar, till the 6th, was under his charge? - A. The vaults were closed on the 5th, and he was discharged; and this happened before the vaults were closed.

DAVID DYARD sworn. - Examined by Mr. Knowlys. I was the stocking-officer in July last; the entries of the permits are made by the Excise-officer.

Q. Do you keep the account in a book to be in the merchant's house, correspondent with that? - A. They are to keep a book, and we are to check it.

Q. Look at this book, and tell me if that is the book kept in the merchant's house, in which you made an entry? - A. On the 5th of July here is my entry; it should have been entered by the merchant, or his clerk, or cellarman.

Q. Did you find that entry properly made, when you came to look at that book? - A. It was not.

Q.What entry had been omitted to be made? - A.Here is an entry with no date to it; it fol lows the 5th of July: twenty-six bottles of red wine, not French; twenty-six bottles of white, not French; in the name of Shaddon, or some such name; it is my entry.

Q. How came you to make that entry? - A. It was an entry deficient, and as there was nobody in the accompting-house to do it, I entered it; I entered it, finding that there had been an omission.

Court. Q.Does the quantity correspond with the request-note? - A. It does, and I see it appears in the Excise-books Shadford.

Court. Q. Is there any difference, but in the name? - A. No; this is undoubtedly the request note for this permit; it had been omitted in the merchant's book, and therefore I entered it.

Mr. Knapp. (To Grant.) Q. You were clerk to Mr. Wigzell? - A. Yes.

Q. We have heard that the prisoner was the cellarman of Mr. Wigzell? - A. Yes.

Q. Do you know of any account that there was between the prisoner and Mr. Wigzell? - A. I have heard that there was a small account; but I do not know what it was nor from what time.

Q. Do you know of any wine lent by your master to the prisoner at any time? - A. No, I do not.

Q. You had reference, of course, to the order-books? - A. Yes.

Q. Do you think, if you could see the order-books, you could be more correct? - A. Yes.

Q. Have you the order-books here? - A.Not that I know of.

Q.Are there any other things that the prisoner has bought of your master? - A. I believe there was a dozen or two of porter.

The prisoner left his defence to his counsel.

For the Prisoner.

GEORGE BRYDGES sworn. - Examined by Mr. Knapp. I am a wine-merchant in Water-lane, Thames-street: I know very little of the prisoner; I was a considerable creditor of Mr. Wigzell.

Q. In the course of the wine trade, where a person orders wine of a wine-merchant, and bottles it at home, have you ever heard of a perquisite to the person who bottles it? - A. It is a very common thing to the person bottling it, for taking care of it, and seeing that there is none of it lost; it is very commonly done.

Q. You are a considerable creditor of Mr. Wigzell? - A. A creditor of seven hundred and fifty pounds.

Q. Were you at the last examination of Mr. Wigzell? - A. Yes.

Q. Do you remember the account given by Mr. Wigzell of an estate that he had at Greenwich? - A. I remember some questions being put to Mr. Wigzell respecting houses that he had there, and he answered that he had none; that was one answer he gave; he afterwards corrected it a little, and to the best of my recollection said, he never had houses there.

Court. Q. I believe that examination was taken in writing? -

Mr. Knowlys. It must necessarily be taken in writing.

- BARTON sworn. - Examined by Mr. Knapp. I am a wine-merchant in Mark-lane: I have known the prisoner about thirteen years; he lived in our service about eight years; and has left our service about five; while he was with us we never had reason to suspect his honesty; nor I have ever heard any thing touching his dishonestly till the present occasion.

Q. I would ask you, whether in the course of the trade, you have not heard the cellarman claiming as a perquisite, the bottoms of casks when pipes are bottled at their own houses? - A.Certainly I have frequently; it is pretty notorious in the trade.

THOMAS CROWSIE sworn. - Examined by Mr. Knapp. I live at No. 62, Greenfield-street, Whitechapel, merchant's agent, and master-porter: I

enter merchant's wines, and clear them at the Custom-house: I have known the prisoner twelve or thirteen years; I have known the prisoner all the time he lived with Messrs. Sherrard and Burton; I never heard any thing dishonest of him in my life; and I believe Mr. Thomas Palmer , a gentleman of very great worth, has entrusted the prisoner with ten thousand pounds at a time.

The Jury declared themselves satisfied.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t18000115-87

157. JOHN GOURD was again indicted for feloniously stealing, on the 6th of January , a metal instrument called a trett, value 6d. the property of James Smith and James Kidstone .(The case was opened by Mr. Knowlys.)

HENRY CHURCH sworn. - Examined by Mr. Knowlys. The prisoner was taken up by a warrant: from the Lord-Mayor: I went with Mr. Wigzell with a search-warrant to the prisoner's cellar under a hair-dresser's shop in the Minories; at the first entrance into the cellar the first thing Mr. Wigzell saw was a trett stuck in the cask; (producing it;) it was produced before the Lord Mayor in the presence of the prisoner.

Mr. Knapp. Q. Was not Mr. Newman, the clerk, taking it down in writing at the time? - A. Mr. Newman was writing, but I cannot say what he was writing.

Court. If he was writing, it must be supposed he was taking the examination.

Mr. Knapp. Q. So this was stuck fast in the cask in the cellar? - A. Yes.

Q. Not secreted, or put away any-where? - A.No.

Q.So that any body might see it that went into the cellar? - A. Yes.

Mr. Knowlys. Q. Then if any body might see it the prisoner might see it? - A.Certainly.

THOMAS WIGZELL sworn. - Examined by Mr. Knowlys. The prisoner at the bar was my servant .

Q.Do you know this trett? - A. Yes, it bears my initials; and besides that there are marks underneath; about six years ago I had occasion to put a new worm into it; it was necessary to put the head of it into a vice, and there are the vice-marks upon it; I have not the least doubt in the world that it is mine; I have had it ever since I have been in business, and been in the habit of seeing it; I accompanied Church to the prisoner's cellar on the Monday, I think the 3d or 4th of January; I stated to the prisoner that I missed several tools, and among the rest, this trett; he said he had never seen any thing of it, and did not know any thing of it.

Cross-examined by Mr. Knapp. Q. I have no doubt but the thing in your hand, be it what it will, is your property? - A. It is.

Q. I take it other persons in your employment used it? - A.They might.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t18000115-88

158. JOHN KIERNAN was indicted for making an assault upon Charles Wakely , being an officer of the Excise , on shore, in the execution of his duty .(The indictment was stated by Mr. Knowlys, and the case was opened by Mr. Fielding).

CHARLES WAKELY sworn. - Examined by Mr. Knowlys. I am an Excise-officer.

Q. Is Collier-row in your department? - A. It is not; I went with Mr. Wright to the premises of Mr. Rowley, on the 20th of April, in the year 1795 ; we arrived about eleven in the evening; I went in consequence of an information from Wright; the soap-house was made out of an old barn, which was chiefly built of wood, and being very much decayed, and having many crevices, we had an opportunity of seeing them at work several times; we plainly discerned Owen Riley, the proprietor of the soap-house, taking the soap out of the copper; Owen Rooke , a workman in the soap-house, handing the soap from the copper to the defendant at the bar, John Kiernan, who poured it into some boxes that were placed in a cart just under the copper; the soap was, at that time, quite warm, in a fluid state, they could not have taken it out of the copper else; which boxes, when they were filled, were nailed down by one Nicholas Brady, who was also in the cart, a man who was tried here about two years and a half ago; a son of his, about fourteen years of age was there, holding a candle; Wright then went to call some assistance, I remained to watch; soon after Wright left me, a dog. on the other side of the work-house, began barking, which alarmed a dog that was in the soap-house, which dog, on the back-door of the work-house being opened, came out; fearing that I should be discovered, I drew back from the work-house; but previous to my drawing back, John Kiernan came to the door and called to the dog, bidding it to be quiet; the other dog becoming very troublesome, I thought it un

safe to remain there; I went about a quarter of a mile through some fields, and over some hedges, that I might get round to the front of the work-house, where I knew the cart must come; I remained there till four the next morning, when not hearing any more noise in the work-house, I approached to the fore-door, and on looking in, and not seeing any persons, I went in; on entering the work-house, I discovered Owen Rooke, the workman; I then went and looked into the copper, and there I saw a new operation begun; the tallow had not been killed as they call it, that is, not incorporated with the lye; I looked about, and discovered a box, concealed under two empty boxes, which contained, as near as I can guess, after I had taken the gauge of it, about one hundred and sixty pounds of hot soap in a fluid state; after some conversation with the workman, I went out of the soap-house towards John Kiernan's dwelling-house, in order to apprise him of what I discovered, when I met Mr. Wright, my brother officer, who gave me some information; and on approaching Kiernan's stable, where the soap was concealed, which had been carried from the work-house, Wright and myself were seen by Kiernan's daughter; on entering an ash-hole adjoining the stable, John Kiernan immediately entered, and asked us what business we had there; we told him we were come in search of a quantity of soap that had been concealed there the preceding evening; he began to question us as to our authority, and took up a pitch-fork, and threatened us with instant destruction, unless we quitted the premises; he made one or two thrusts at me; when Mr. Wright and myself went out upon the common, facing the dwelling-house, Mr. Wright knowing the soap to be concealed there, went off, in order to gain more assistance; we reasoned with him on the impropriety of his behaviour, and said, it would be better if he would deliver up the soap that had been concealed there the preceding evening; he said, we had no authority whatever to look for it; he said, there was none there; while Mr. Wright was gone, Kiernan desired me to walk in, and see if we could not accommodate the matter; he said, he thought I had been a different kind of a man, than to run about in the night to see what other people were doing; I told him I came there to do my duty, and I should not walk in at all; he then returned into his dwelling-house, and shortly after came out with two or three more, one of whom ran out upon the common, and caught a horse that was grazing there; Thomas Kiernan , John Kiernan's son, which horse John Kiernan harnessed, and placed in a cart which was in the yard; he then went to the stable door, unlocked it, and he and another took out four boxes therefrom, which they placed into the cart, and drove it out on the common; on their approaching the gate which leads to the common, coming out into the yard, I went to walk to the gate to prevent them, when I was suddenly attacked by Nicholas Brady , who wrested a large stick I had in my hand out of my hand, when we closed, and in the struggle we both fell to the ground; at that moment, two soldiers came to my assistance, which soldiers, Kiernan and Owen Rooke attacked; the soldiers having nothing but their bayonets. and one of them being wounded in the sleshy part of his arm, run out to call for more assistance; Kiernan had a pitch-fork, and Owen Rooke had a garden-hoe; by this time I had got on my legs, and was pursuing the cart; we had got some way on the common, when I was again attacked by Nicholas Brady, who brought me to the ground and struck me several blows over my arms; I parried his blows as long as I could; Brady then sat across me, and put his finger to my neck-cloth, and twisted it round with his hand several times, and Owen Rooke called out, "lay him out, and I will finish him; striking me at the same time two or three blows on my head with the hoe; having my hat on, and something in the crown, it prevented the effect which the blows would have had upon me; I remonstrated with him, and told him not to add to one crime, another of a more heinous nature; upon reasoning with them, they were a little quiet, and I recovered my legs; I was following the cart when Owen Rooke said, if I persisted in following the cart, he would be the death of me; I persisted in following the cart, and was pursued by them, who made several blows at me, when I put my hand into my inside pocket, and drew out a pistol, and threatened them, if they struck me another blow, I would fire at them; Rooke and Brady only were near me at that time, Kiernan was farther on the common, fighting with the soldier; Kiernan cried out, here is more assistance coming; upon that I turned my head and saw two more soldiers coming; when they came up, Kiernan told them I was no officer, but a highwayman; upon my approaching Kiernan, he reversed the pitch-fork, and struck me over the arm; I told him, if he struck me another blow, he must take the consequence, as I was determined to fire; by this time the other soldiers were come up, when being loth to fire, I passed him and pursued the cart; we had got some way on the common; on approaching the cart, I was struck two or three times by Kiernan's son, Thomas Kiernan, who was driving the cart; I jumped up into the cart, stood upon one of the covers, and discovered it to be soap in a warm fluid state, and I made a seizure of the same.

Q. What quantity of soap was there? - A. There might have been from six to seven hundred weight; it was all in a fluid state, and remained in a fluid state for a day or two afterwards, till it was fit to cut out.

Q. Were you much hurt? - A. So much that, I could not put on my close bodied coat for three or four days, from the number of bruises that I had received in my arm; I was obliged to survey in a great coat.

Cross-examined by Mr. Alley. Q. This was in the year 1795? - A. Yes.

Q. You have been several years an officer? - A. About seven years and a half.

Q. I take it you know pretty well what your duty as an officer is? - A. Yes.

Q. You were not the officer appointed to survey? - A. No; but on account of the indisposition of the officer, before Wright came, I surveyed two days.

Q. Wright, whose duty it was to survey, was there at the time? - A. Yes.

Q. After the operation is begun, it is not your duty to lock it up until you come again? - A. If the trader requests it.

Q. It is not your duty to keep it locked? - A. Not unless the trader requests it.

Q.Kiernan's house is two or three miles distant from the boiling-house? - A. About a quarter of a mile.

Q. Did you enquire for any peate-officer to go with you? - A. No.

Q. It was not light, I take it, when you went to the dwelling-house? - A. The sun was just up.

Q. Wright was with you? - A. Yes.

Q. Had you no peace-officer with you? - A. No, nor no warrant.

Q. Do you know Mr. Adam, a peace-officer, who lives within a few doors of Kiernan? - A. I do not particularly know him.

Q. How far distant was Kiernan from you, when in the ash-hole? - A. Two or three yards; the points of the fork touched my great coat.

Q. Did you say any thing like that upon the former occasion? - A. I cannot say whether I did or not.

Q. Did you not say that he did not strike you till after the soldiers came up? - A. Yes.

Q. Were there any persons there besides those you have mentioned? - A. Kiernan's wife and daughter were there at the commencement of the business, when they first attacked me.

Q. Are they brought there to day? - A. No.

Mr. Knowlys. Q. This happened in 1795 - where has Kiernan been since? - A. I do not know.

Q. Have you been able to find him? - A. No.

Q. When he asked you to go into the house to settle it, did he say any thing about your having no peace-officer with you? - A. No.

THOMAS WRIGHT sworn. - Examined by Mr. Fielding.

Q. Does the spot in which Riley's house is, fall within your district? - A. Yes; on the 20th of April, 1795, I called in the assistance of Wakeley to survey this house; I made the first survey that evening, about seven o'clock; the copper then appeared as if it would be in a fit state to cleanse, in about three hours.

Q. Was there any body upon the premises at that time? - A. Yes, Owen Riley and John Kiernan; I asked them what time they supposed they should cleanse; they said, it was rather uncertain, they did not know when; I called upon Wakely about eight o'clock, and about eleven we went to the spot; there were crevices through which we could see what was going on; Riley was taking the soap out of the copper, and Rooke was carrying it to a cart in which the boxes were placed; John Kiernan poured it into the boxes, Nicholas Brady was nailing the cover on to the boxes as Kiernan filled them, and young Kiernan was lighting him.

Q. You did not disturb them at that time? - A.We did not; in consequence of seeing there were four of them, besides the lad, and only us two, we went for assistance; I requested Wakely to continue on the spot, while I went to a public-house to get the assistance of some soldiers that were quartered there; I was gone, I suppose, a quarter of an hour, or twenty minutes; I returned without assistance, and on my way back, I observed a cart coming out of the soap-house into a lane that led on to the Forest; I let them pass me.

Q. How near was it to Kiernan's house? - A.Rather more than a quarter of a mile, perhaps the third of a mile; I followed it, and it went into Kiernan's yard, it was four hours and a half after that before I found Wakely; I was about Kiernan's house all that time, watching till between four and five o'clock in the morning; I had no soldiers, I could not get any assistance; Wakely and I then went to Kiernan's house, Kiernan came out, and requested to know what authority we had got; we told him what we were come for, and we were certain the soap was there; I told him I had seen it deposited there in the night; he abused us very much in language; he then took up a pitch-fork, and threatened us with immediate destruction unless we desisted.

Mr. Knowlys. Q. It is needless to ask you if he knew you were an officer, as you knew him? - A. Yes, he knew I was an officer.

Q. How near might you, or Wakely, be to him when he took the pitch-forth? - A. About a yard; in consequence of that, we withdrew from the yard to the common side-gate, and when we had continued there a minute or two, we thought it most prudent for one of us to go to another public-house to get assistance; I went to two public-houses, and returned in, I suppose, about twenty minutes; I sent two soldiers that I met with to go to the spot, and they went without me; I went further on; when I returned, Wakely had got possession of the soap, he was coming to Ramford with the soap.

Cross-examined by Mr. Alley. Q. If I understand you right, you have been acquainted with the prisoner? - A. I know him, very well.

Q. You had been at the soap-house at seven o'clock in the evening to survey it? - A. Yes.

Q. What was the reason why you did not stay there till the soap was carried away? - A. I did not conceive it was my duty.

Q. Did you lock the copper before you went? - A. No.

Q. That is giving an opportunity to a man to take it away? - A. It could not be done while the soap is in a state of operation.

Q. Do you mean to say that you have not been in the habit of dining with him, and riding his house? - A. I never dined with him in my life; I once had his horse when the waters were out.

Q. You have drank his wine, have not you? - A.Never but once, and that was the first time I was there.

Q. There were two women there at this time? - A. I cannot say.

Q.Kiernan did not attempt to do any thing to you till after you had setched more assistance? - A. He held the pitch-fork up, and threatened us.

Q. But did not strike you? - A. I rather think Kiernan did make a stab at Wakely's arm.

Q. You were close to Wakely all the time? - A. Yes.(Mr. Alley addressed the Jury in behalf of the defendant.)

GUILTY . (Aged 50.)

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

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

Reference Number: t18000115-89

159. WILLIAM BLATCHFORD was indicted for making an assault upon Thomas Walters , an officer of Excise , in the execution of his duty .(The indictment was stated by Mr. Knowlys, and the case opened by Mr. Fielding).

THOMAS WALTERS sworn. - Examined by Mr. Knowlys. I am mate of the Eagle Excise cutter, stationed

at Plymouth: On the 10th of December , we landed at Wilcove; across the fields, that led to the turnpike road, to Tar-point , about a quarter before twelve o'clock, I heard some horses coming along the road, and we dispersed along the hedge.

Q. Who were with you? - A. There were with me, Thomas Amos , William Chubb, and another; when they came up, we perceived that they had got kegs upon the horses. containing about seven gailons and a half, or three quarters, they are called ankers; I suppose there might he about twenty-five of thirty horses.

Q.Were there as many men as horses? - A. I believe there were; they came over from Guernsey in slings, and so they sling them across, the horses' backs; we came out of the hedge.

Q. Are you a commissioned officer of Excise? - A. I am, and the men that were acting in my assistance; we told them we should seize them in the King's name; but seeing so many of them, I thought it imprudent to seize the horses, and I told them to cut the kegs off as fast as they could, and go about their business; we got them into the hedge to the number of fifty or sixty, or thereabouts; and then there was a man came up from Tar-point, on horseback, who said to the smugglers, you ought to be d-d to suffer them to be taken by four men when you are so many; he told them to bring the horses back, and load them again: the smugglers began to be very resolute, and said, we could not expect to have the whole, and desired us to take half; I told them I would do no such thing. I would have the whole, or else I would luse my life; we had put the broad arrow upon most of them, some with chalk, and some with my knife, and the rest of the people also; I told them the hazard they were running in breaking the law, and wresting them from us; they d-d the law, and said they did not care any thing for the law, they would have a law of their own, or else another law, or to that purpose; then they began to be very abrupt, and beat us with sticks, and whips; while we were running after some of them, the rest would go to the heap and take some more, and so they did several times; they were joined by a vast number of people in sailors' clothes, which we supposed were the boat-men that were to carry these casks over the river; they beat me very much, and knocked me down, till I was senseless; they beat me all over the body, arms, and every where.

Q. Look at the man at the bar, have you any recollection of his being there? - A. I do not recollect him; they got the goods from us; when I got up, there were about a dozen or thirteen remaining of all the kegs, we were unable to resist any more; one of the sailors said, you shall have six. and if you are not content with that six, we will take them, and murder you afterwards; they put six on one side for us, and took all the rest; they consisted of brandy, and rum, and gin; after they had said we should have but six, one man said we should have but five, and they took one away, and threw it over the hedge, we found it afterwards; I was present when the prisoner was taken, about five o'clock the next morning, about a mile and a quarter from the spot, he was in Tarpoint town; I took him up upon the information of another man; he was standing in the street, holding a horse by the collar.

Q. Do you know what sort of saddle, or furniture, that horse had? - A. No.

Cross-examined by Mr. Gurney. Q. If this prisoner had been one of the persons who used violent expressions you would have known him again? - A. I do not know but I might; I thought, when I saw him the next day, that I had seen him amongst the mob.

Q. What time was it that this affair happened? - A.About twelve o'clock at night.

Q. It was dark, perhaps? - A. It was not very dark, there was a moon in the sky.

Q. And, perhaps, some clouds in the sky? - A. Yes; it was a cloudy moon.

WILLIAM CHUBB sworn. - Examined by Mr. Fielding. I am a boat-man, in the Excise.

Q. Do you know the prisoner? - A. Yes; he was among the smugglers the night they refuced the goods from us, after Mr. Walters had taken them; he took some kegs from the pile; I went after him, and desired him to put it down; he told me he would not; I told him if he did not I would blow his brains out; then he put his hands to my breast, and shoved me off.

Q.Still you, like a good man, reserved your five? - A. Yes; I saw him several times in the stay; I was knocked down several times.

Q. Did you fire at all? - A. No; I had no pistol.

Q. Were you the person that told Walters the prisoner was one of them? - A. Yes; I saw him several times in the fray; I saw him with a cut in his head, Amos cut him; I heard him say, several times, to the smugglers, that one of our people had cut his head.

Cross-examined by Mr. Gurney. Q. It was a dark night? - A. No; a very light night indeed.

Q. You and your master do not agree, he said it was a very dark night? -

Court. He said it was a cloudy moon.

THOMAS AMOS sworn. - Examined by Mr. Fielding. I am one of the crew of the Eagle. assisting the officers.

Q. Look at the prisoner, was he in the fray that night? - A. Yes.

Q. Tell my Lord, and the Jury, what you saw him do? - A. I met him first in the road, I told him to stop and take the kegs off, in the King's name, he was on foot, leading the horse; he would not take them off; I told him several times to take them off, still he would not; at last he listed up a stick, and I cut him on the head with a cutlass; I then took the kegs off the horse; I then assisted to take the kegs off the other horse; about a quarter of an hour afterwards he came back with them, and said, that is the rescal that cut me.

Q. Have you any doubt in your mind that that is the man? - A. I have no doubt of it; I saw him with the blood running down his face.

Q. Did you see him the next morning - in what state was he then? - A. His hair was all clotted with blood; I asked him to have some brandy to wash his head with, but he would not.(Mr. Gurney addressed the Jury in behalf of the desendant). GUILTY . (Aged 42.)

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

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: s18000115-1

The SESSIONS being ended, the COURT proceeded to GIVE JUDGMENT as fellows.

Received sentence of Death - 18.

John Hall ,

Peter Chapman , alias Harry Read , alias Harry Kirk ,

Joseph Jones ,

Joseph-Samuel Abbott ,

John Brown ,

Charlotte Walker ,

John Moore ,

Henry Woodman ,

John Brown ,

William Allman ,

Isaac Hart ,

James Smith ,

David Dyer ,

Joseph Camplin ,

George Jones ,

George Brown ,

John Smith ,

Samuel-Syley Carter ,

Transported for fourteen years - 2.

Elizabeth Smith , Joshua Palmer .

Transported for seven years - 17.

William Birbeck , alias Birbeck Branston,

William Fielding ,

David Spencer ,

Mary Payne ,

John Mailles ,

Elizabeth Roberts ,

George Venables ,

Mary How ,

Henry-Hart Simpson ,

Charles Grey ,

George Howell ,

Francis Thomas ,

Walter-Kenwick Jones ,

Thomas Birch ,

William Watkins ,

Thomas Allard , alias Happy,

John Carter .

Confined twelve months in Newgate, and publicly whipped - 1. - Robert Cooke .

Confined twelve months in Newgate, and whipped in the jail - 1. - John Jacobs .

Confined twelve months in the House of Correction, and fined 1s. - 7.

Mary Miller , John Chalkley , Elizabeth Lovell , Ann Thompson , John Kiernan ,

William Blatchford , James Alger .

Confined six months in Newgate, and publicly whipped - 2.

Joseph Penn , James Carren .

Confined six months in Newgate, and whipped in the jail - 2.

Thomas Strutt , Robert Jenkins .

Confined six months in Newgate, and fined 1s. - 3.

James Lawler , William Palin , James Wilson .

Confined six months in the House of correction, and publicly whipped - 1. - Richard Lloyd .

Confined six months in the House of Correction, and fined 1s. - 7.

Peter Asterbawd , Elizabeth Hollinby , Rachel Henshaw , Thomas Acres ,

William Bowden , Eleanor Wicks , William Moncrief .

Confined three months in Newgate, and whipped in the jail - 2.

William Bevan , Charlotte Smith .

Confined two months in Newgate, and whipped in the jail - 2.

Andrew M'Coy , John Mapham .

Whipped in the jail, and discharged - 4.

Thomas Rutt , Robert Scott , John Richardson , Bryan Calligan .


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