Old Bailey Proceedings, 15th April 1801.
Reference Number: 18010415
Reference Number: f18010415-1

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 APRIL, 1801, and following Days, BEING THE FOURTH SESSION IN THE MAYORALTY OF The Right Honourable SIR WILLIAM STAINES , KNIGHT, LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY WILLIAM RAMSEY , AND Published by Authority.

LONDON: Printed and published by W. WILSON, St. Peter's-Hill, Little Knight-Rider-Street, Doctors'-Commons.

1801.

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

BEFORE Sir WILLIAM STAINES , KNIGHT, LORD MAYOR of the City of LONDON; the Right Honourable LLOYD LORD KENYON , Chief Justice of his Majesty's Court of King's Bench; 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 JOHN WILLIAM ROSE , Knight, Serjeant at Law, Recorder of the said City; JOHN SILVESTER , Esq. Common-Serjeant 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 Edie ,

Stephen Windmill ,

John Walton ,

Matthew Sheffield ,

Rowland Muggleston ,

William Strachan ,

John Musgrave ,

Thomas Warwick ,

John Land ,

Andrew Savage ,

Richard Bright ,

John Martin ,

First Middlesex Jury.

Thomas Stokes ,

David Shirley Beare ,

William Rogers ,

John Burroughs ,

George Whiteman ,

John Lomas ,

William Doe ,

John Herman ,

Edward Chipperfield ,

William Jennings ,

John Plowman ,

Joshua Freem .

Second Middlesex Jury.

James Cotterell ,

Benjamin Potts ,

James Wood ,

Thomas Dancer ,

John Pearson ,

Joseph Harper ,

Mark Stacey ,

Edward Jenkins ,

William Lingard ,

Thomas Newman ,

Philip Green ,

John Fentyman .

Reference Number: t18010415-1

294. CHARLES POCOCK was indicted for feloniously stealing, on the 27th of January , a hempen bag, value 1s. and one hundred and twelve pounds weight of coffee, value 6l. the property of Anthony Calvert and Thomas King , in a certain lighter called the Timothy , upon the navigable river Thames .

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

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

And three other Counts, for a similar offence in a certain lighter upon the navigable river Thames, without charging it to be the Timothy.(The case was opened by Mr. Knapp.)

RICHARD COLEY sworn. - Examined by Mr. Knapp. I am commander of the ship Minerva , from Demerara, in the West Indies, laden with coffee, sugar, and cotton; it arrived in the river in the month of January, at Ratcliff-cross; the owner s names are Anthony Calvert and Thomas King.

JOHN SWENEY sworn. - Examined by Mr. Knapp. I am an officer belonging to the Custom-house, (produces a book); the entries are not mine; Mr. Powell is here.

JOHN POWELL sworn. - Examined by Mr. Knapp. I am a tide-waiter belonging to the Customs; the entry is "coffee, 126;" there were 126 bags imperfect.

Q. What do you mean by imperfect? - A. Marked upon the bags that they were not good; I saw them delivered from the Minerva into the lighter.

Cross-examined by Mr. Gurney. Q. Do you know it was the Timothy lighter? - A. No.

Q. Are you quite sure there were 126? - A. I saw them overhauled afterwards, and there were then 126.

Q. Will you swear there were more than 125? - A. No, I will not.

Mr. Knapp. Q. What is your entry? - A. One hundred and twenty-six.

Mr. Gurney. Q. When did you overhaul them, and find 126? - A. About three o'clock in the afternoon.

Q. That was after the bag was supposed to be stolen? - A. Yes.

- TILSTON sworn. - Examined by Mr. Knapp. I am a land-waiter; I saw 125 bags of coffee loaded out of the Timothy lighter, upon Brewer's-quay.

Cross-examined by Mr. Gurney. Q. Are you quite sure there were not 126? - A. Yes.

Court. Q. Who had the command of the Timothy? - A. I don't know.

Mr. Gurney. Q. How long was the lighter at Brewer's-quay, before it was unloaded? - A. Several days.

SAMUEL CROSTON sworn. - Examined by Mr. Knapp. On the 27th of January the Timothy was lying along-side the Minerva; there was an alarm that the lighter was being robbed; I looked over the ship, and saw a bag of coffee in a wherry, alongside the Timothy; the man rowed away with it; I then found two empty bags lying in the Timothy, and a bag cut.

PETER DEWTE being a foreigner, an interpreter was sworn. - Examined by Mr. Knapp. I was on board the Minerva; I saw the lighter along-side; I saw the prisoner take the bag from the lighter; the bag was full; he had small ropes ends; he went down into the lighter, and then slung the bag; there was a wherry, and the waterman ran up to lend him a hand with it into the wherry; the waterman put a blue coat over it, and went away with it in the wherry; the prisoner staid in the lighter, and he was secured.

Cross-examined by Mr. Gurney. Q. Were not the bags in the lighter afterwards counted? - A. They overhauled all the bags.

Q. Did they not find them all right? - A. I do not know.

ERICK LUCKMAN being a foreigner, an interpreter was sworn. - Examined by Mr. Knapp. I was with the last witness on board a Swedish ship; I saw the prisoner in a lighter along-side the Minerva; he jumped with a rope in his hand, and slung a bag, and one of the watermen that was in the wherry jumped up and lent him a hand with it into the wherry; the bag was chuck full; and then they rowed away with it, and put a blue coat over it in the wherry, and the prisoner was then secured.

JOHN CHAMBERLAYNE sworn. - Examined by Mr. Knapp. I had the management of the Timothy lighter; the prisoner was in my employ at that time.

Mr. Gurney. Q. How long have you known the prisoner? - A. Eight years.

Q. Did you ever know a young man who had a better character? - A. No; I was a fellow-servant with him two years; he always bore a good character.

JOHN RILEY sworn. - Examined by Mr. Knapp. I am an officer belonging to Shadwell: On the

27th of January I apprehended the prisoner; I received these bags from Coston. (Produces them).

Coston. I found these bags in the lighter alongside a bag that had been cut open; I delivered them to Riley; these are the same bags.

Mr. Gurney. Q. Were you on board at the time? - A. Yes.

Q. Did you assist in overhauling the bags of coffee? - A. Yes.

Q. And you found them all right? - A. No; there were but 125.

Q. Did you count them yourself? - A. Yes.

(To Powell.) Q. You assisted in counting them? - A. Yes.

Q. Did you not find the account right? - A. The account was right; I counted 126.

Mr. Knapp. (To Coley.) Q. What is the value of it? - A. I understand six pounds a hundred; a bag should weigh a hundred and a half.

Prisoner's defence. I am innocent.

NOT GUILTY .

First Middlesex Jury, before Lord Kenyon.

Reference Number: t18010415-2

295. JOHN AUSTIN was indicted, for that he on the 4th of January, in the 36th year of his Majesty's reign, at the parish of St. John, Southwark, did take to wife Sarah Smallwood , widow, and afterwards, that is to say, on the 1st of September last, at the parish of St. Stebbaneth, otherwise Stepney , feloniously did take to wife Elizabeth Harper , widow , his former wife being then alive .

There being no evidence to identify that the prisoner was the person who married Sarah Smallwood , he was ACQUITTED .

First Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-3

296. THOMAS OLIVER was indicted for feloniously stealing, on the 18th of February , a Bank-note, value 30l. another Bank-note, value 20l. and another Bank-note, value 5l. the property of William Hurst .

This being an offence known by the name of ringdropping, and there being no evidence to prove the value of the cross dropped, and the prisoner having been taken before the time appointed for their second meeting, the Court were of opinion there was no evidence of fraud. NOT GUILTY .

First Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-4

297. JOSEPH SMITH was indicted for feloniously stealing, on the 7th of January , 200lb. of sheet lead, value 25s. and 4lb. of lead pipe, value 8d. the property of John Gamson , fixed to his house .

Second Count. Charging it to be fixed to a certain building called a house.

Third Count. Charging it to be fixed to a certain building.

There being no evidence to bring the charge home to the prisoner, he was ACQUITTED .

First Middlesex Jury, before Lord Kenyon.

Reference Number: t18010415-5

298. ALEXANDER LOVELL was indicted for feloniously stealing, on the 7th of April , six pair of shoes, value 1l. the proper of James Challon .

The prosecutor was called, but not appearing, his recognizance was ordered to be estreated .

NOT GUILTY.

First Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-6

299. MARY STILL was indicted for feloniously stealing, on the 6th of March , a gown, value 3s. 6d. a coat, value 1l. an iron footman, value 1s. 6d. two table-cloths, value 5s. and two shirts, value 5s. the property of Hector Campbell ; a pair of breeches, value 1s. 6d. a waistcoat, value 1s. 6d. two pair of stockings, value 4s. two cravats, value 4s. a handkerchief, value 1s. and a pair of knee-buckles, value 2s. the property of George Dickson .

HECTOR CAMPBELL sworn. - I keep a cookshop , in Newcastle-street, Strand : Alexander Allen died in my house, and George Dixon is his heir; he lives in the South of Scotland.

Court. Q. You must prove that he administered? - A. The prisoner was my servant ; I missed a great many things at different times; I have found a pair of sheets and a gown since; she had lived with me, two months; on the Saturday week after she was gone she applied for her wages, and I had a a suspicion of her, and sent for a constable; the sheets she told me she had pawned at Mr. Fleming's, in Newgate-street; he said, he could not swear to her person, and he gave up the sheets, (produces them); they are marked with my wife's name and mine.

JOHN FIELD sworn. - I am a constable: I was sent for to search the prisoner; I searched her, and found in her pocket this night-gown belonging to a child of Mr. Campbell's. (It was produced, and deposed to by Campbell.)

Prisoner's defence. The gentleman that died gave me these things as a free gift.

GUILTY , aged 42.

Confined six months in the House of Correction .

First Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-7

300. GEORGE BENSON was indicted for feloniously stealing, on the 14th of March , a pail, value 3s. a gallon of rum, value 16s. a gallon of geneva, value 10s. a gallon of peppermint, value 10s. a tin can, value 1s. a wooden bowl, value 1s. and a pewter measure, value 2s. the property of Matthew Hutchinson , in his dwelling-house .

MATTHEW HUTCHINSON sworn. - I am a victualler , at Staines ; the prisoner lodged in my house; I know nothing of the prisoner taking the property.

ANN HUTHINSON sworn. - I am the wife of the last witness: On the 14th of March I found the prisoner in the stable, with a pail of liquor standing by him; the stable is about forty yards from the cellar; it appeared to me to be different spirits mixed together, rum, peppermint, and gin; there was no one in the stable but himself; I told my husband, and the prisoner was apprehended; I said, George, what have you been doing; but I cannot say what answer he made.

(To Hutchinson.) Q. Had you missed the properry? - A. No.

Q. Had you rum, peppermint, and gin, in your cellar? - A. Yes.

Prisoner's defence. I know nothing at all about it. GUILTY, aged 28,

Of stealing goods, value 39s.

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

First Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-8

301. JOHN HANMORE was indicted for feloniously stealing, on the 6th of April , a male ass, value 5l. the property of James Field .

JAMES FIELD sworn. - I live at Hartford-bridge : On the 27th of November I lost two asses from the common, close to my house.

Q. That common is in Buckinghamshire, is it not? - A. No, Hampshire; last Monday week I found one, which was a Jack, in the meadow at Staines; the prisoner said it was his, and I should not have it without I swore to it; he said, he had it in rap for another ass, from one John Lambourn , but he could not tell where he lived; he said he had four shillings to boot.

Prisoner's defence. I had worked there every day for four months; I had it in change.

NOT GUILTY .

First Middlesex Jury, before Lord Kenyon.

Reference Number: t18010415-9

302. JOSEPH SMITH , MARY-ANN SMITH , and HANNAH PAGE were indicted, the two first for feloniously stealing, on the 15th of February , a silver watch, with a silver chain and seal, value 4l. three gold rings, value 40s. a locket, value 2s. a cotton shawl, value 2s. a tablecloth, value 5s. a silk handkerchief, value 2s. a gown, value 5s. a muslin shawl, value 2s. a remnant of muslin, value 1s. a great-coat, value 3l. two other coats, value 30s. four silver table-spoons, value 30s. and six silver tea-spoons, value 10s. the property of William Haywood , in the dwelling-house of Samuel Moore , and the other for receiving a parcel of the before-mentioned goods, knowing them to be stolen .(The case was opened by Mr. Raine.)

WILLIAM HAYWOOD sworn. - Examined by Mr. Const. I am a serjeant in the Coldstream regiment of Guards ; I rent a room of Samuel Moore , in York-street, Westminster : On the 9th of June I went down to Swinley camp; I came to town several times, and the last time that I saw the property there, was the 1st of February; I locked the room, and put the key in my pocket; the boxes and every thing were then safe; I heard no more of it till the 26th of February, when I received a letter from Mr. Moore, and I sent Mrs. Haywood up to town immediately.

SAMUEL MOORE sworn. - I keep the Blue Anchor, in York-street, Westminster; the serjeant and his wife took a room in my house; he went out of town on the 1st of February; the prisoner Smith and his wife lodged in the adjoining room; they left my lodging on the 24th of February; the room doors are about two feet apart across the angles; the serjeant came to town several times backwards and forwards; the day after Smith and his wife left the lodging, I observed the serjeant's room door open; the bolt of the lock was forced back by a screw-driver that I found in the serjeant's room; I tried the screw-driver, and it fitted the marks.

Q. When had you seen the prisoners before? - A. I had seen the man on the 25th, in the evening; I saw his wife the next morning by ten o'clock; the man, I believe, had stept there that night; I went into the room, and found every box and trunk broke open, all of them forced by this very screw-driver, (producing it); I wrote to serjeant Haywood immediately, and his wife came up.

Q. Did Smith give you no notice of leaving? - A. Not till the day before.

MARY HAYWOOD sworn. - I am the wife of William Haywood: In consequence of a letter, I came to town on the 27th of February; I found all the boxes broke open, and the property all gone that was of any value; the shawl has been found, and a table-cloth, a silk handkerchief, a gown, a remnant of muslin, and a military great coat.

Q. (To Haywood.) What is the value of the regimental coat? - A. Two guineas; it cost 4l. 10s.

JAMES BLY sworn. - Examined by Mr. Const.(Produces the property). This silk handkerchief I found in the pocket of Joseph Smith , on the 2d of March; this shawl and table-cloth I received from Mrs. Haywood, at the office; this remnant of muslin and a cotton shawl were found in the possession of Page; and this military great coal I found at the shop of Mr. Abrahams, in Rosemary-lane.

Mrs. Haywood. This shawl and table-cloth I received from Minns and Merritt, pawnbrokers; I know all these things to be mine; my husband's name is at full length on the table-cloth. (The great coat was deposed to by the prosecutor.)

JAMES FULLER sworn. - Examined by Mr. Const. I am servant to Messrs. Minns and Merritt; I took in this table-cloth and shawl from the prisoner

Mary-Ann Smith ; I had seen her two or three times before.

Joseph Smith 's defence. The silk handkerchief is my property, I gave four shillings for it; I bought it of a man on Tower-hill.

Joseph Smith, GUILTY, aged 26.

Of stealing goods, value 39s.

Transported for seven years .

Mary-Ann Smith , NOT GUILTY .

Page, NOT GUILTY .

First Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-10

303. WILLIAM THORBURN was indicted for sacrilegiously and burglariously breaking and entering a certain mansion-house, called Shadwell church , about the hour of one in the night of the 22d of March , with intent to steal, and stealing therein a Communion cloth, value 10s. three napkins, value 15s. a gold tassel, value 2s. a green curtain, value 1s. an iron curtain-rod, value 6d. a red velvet pulpit-cushion, with gold lace and tassels, value 12s. two red velvet cushions, with gold lace and tassels, value 2l. and a lock, value 5s. the property of the parishioners of the parish of Shadwell, in the custody of John Atkinson and George Hall , then churchwardens of the said church .

Second Count. For a like burglary, not charging it to be sacrilegiously.(The case was opened by Mr. Const.)

JOHN BRYAN sworn. - Examined by Mr. Const. I am sexton of the parish of St. Paul, Shadwell: On the 22d of February, at night, I saw all the doors of the church fastened; I was alarmed between one and two in the morning; I got up, I saw a light in the church, all the doors were then fast, except the vestry door, I am sure it had been locked the night before; the look was forced off, and the prisoner was standing by the vestry-door; I then went away with the prisoner, and secured him; I left two watchmen in the church, I locked them both in, and when I came back, I found the pulpit-cushion and the other cushions upon the floor of the vestry, disfigured; I had put them myself into a box the night before under the pulpit; one of the cushions had the lace cut off entirely, and another with it partly clipped off, and the third with the tassels off; the Communion linen I found upon a bench in the vestry, which I had left in a box in the cupboard; we found some tinder, some matches, and a flint; I found three places in the casement of the South side of the church where he had attempted to get in, and in one place I found an apron and the spring of the casement broke off, that was on the South side also; we went back to the watch-house, and he was searched in my presence, and a knife found upon him.

JOHN ATKINSON sworn. - I am one of the churchwardens of St. Paul, Shadwell ; George Hall is the other.

RICHARD THOMAS sworn. - Examined by Mr. Const. I am a watchman; I went into the church with Mr. Bryan and Ward; we found the prisoner there; Mr. Bryan took him away to the watch-house, and I staid in the church with Ward, we did not meddle with any of the things till he came back. (Produces the property.)

Prisoner's defence. I happened to fall asleep in the evening service, and was locked in.

The prisoner called one witness, who gave him a good character.

GUILTY , Death , aged 32.

First Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-11

304. SAMUEL FAITHFUL, alias MAJOR , and BRIDGET MURPHY , were indicted for breaking and entering the dwelling-house of John Gander , about the hour of eight in the night of the 18th of March , and stealing eight yards and a half of check muslin, value 20s. five yards and a half of muslin, value 12s. and five yards of other muslin, value 2s. the property of the said John .

SARAH GANDER sworn. - I am the wife of John Gander, I live in Ratcliff-highway : On Wednesday, the 18th of March, in the evening, I took down the muslins off the rails, and doubled them up smooth, I laid them in the window upon some other muslins; I then saw the candles lighted, my daughter was in the shop; I went into the back parlour and missed the muslins in about a quarter of an hour afterwards.

ELIZABETH GANDER sworn. - I was in my mother's shop on the 18th of March, in the evening; I thought I heard a noise, I turned round and saw nothing, but the door was open, the door had been shut before; there was a young woman in the shop.

Q. Then perhaps that young woman left the door open? - A. No, I saw her shut the door when she came in; my mother came in immediately afterwards, and missed them, that is all I know of it.

ELIZABETH REYNOLDS called. Q. What age are you? - A. Eleven.

Q. Do you know what the nature of an oath is? - A. A person that takes a false oath cannot expect to go to God, (sworn). I live opposite Mr. Gander's; I saw a man go into the shop and take something out of the window, but I don't know who the man was.

JOHN COOK sworn. - I am an officer belonging to the Public-Office, Shadwell: On Thursday morning, the 19th of last month, about seven o'clock, I, in company with three other officers, went to the lodgings of the man prisoner, in order to apprehend him, upon suspicion of divers robberies; they would not admit us, and we got in at

the one pair of stairs window; the two prisoners were in the room, and I proceeded to search the woman, she had only a gown and petticoat on, and from under her petticoat she let fall three pieces of muslin, tied up in this apron, (produces it;) I asked her how she came by it, she said, it was her own, and that she had purchased it in Rosemary-lane, the night before; Brown, the officer, discovered who the owner was, and Mrs. Gander came to the office, and swore to them. (The muslins were deposed to by Mrs. Gander.)

Murphy's defence. I bought the muslin and paid for it; there is no particular mark upon it.

Both NOT GUILTY .

First Middlesex Jury, before Lord Kenyon.

Reference Number: t18010415-12

305. JOHN HANSON was indicted for feloniously stealing, on the 15th of March , a sack, value 2s. and three pigs, value 6l. the property of John Allen .

JOHN ALLEN sworn. - I am a cow-keeper , at Tottenham , the prisoner at the bar was my servant : On Saturday night the 14th, I paid him his wages, and on the 15th, in the morning, the milkmen found their way in at the gates, they were open about seven o'clock; I went to look for the pigs, and missed six; there were ten of them there the night before; I missed the sack from the granary, from a great many more; I afterwards searched the prisoner's lodgings, the day he was taken, which was the Monday week following, and found the sack in his lodgings; I know it to be mine.

ELIZABETH DAVIS sworn. - The prisoner came to our house, and said, he had got six pigs, belonging to Mr. Allen; he said, he had sold them to Mr. Malpas for three shillings a piece; he was altering the nails in his shoes; I asked him what that was for, he said, he altered it that nobody should swear to it; he turned himself round, and asked my husband whether his coat was bloody; he pulled out a knife, and said, that was the knife he had killed the pigs with in Mr. Allen's stye.

MARY GROVES sworn. - On Wednesday morning, the prisoner came in, I asked him where he had been, and he said he had been watching Mr. Allen's potatoes; he brought in a sack with him, it was very wet; he asked me to hang it up to dry.

Q. Was it bloody? - A. I did not examine that, I hung it up to dry.

THOMAS RUSHTON sworn. - I lodge in the same room with the prisoner; on the 14th, the prisoner did not come home at night, he did not come home till three o'clock in the morning, which was the Sabbath-day; he said, he had been very drunk, but was then very sober; he said, he should set up for an hour, and then go out again; I advised him to go to bed, and he undressed himself to the best of my knowledge, but before I got up in the morning, he was drest and gone out again.( Samuel Harper , an officer, produced the sack, which was deposed to by the prosecutor.)

Prisoner's defence. I had that sack by me above a twelvemonth, when I was a corn-porter, and worked at the water-side; as to the pigs I know nothing at all about them.

GUILTY . - Transported for seven years .

First Middlesex Jury before the Lord Chief Baron.

Reference Number: t18010415-13

306. JAMES HART was indicted for feloniously stealing, on the 8th of April , three tin lamp lanterns, value 8s. three block-tin tea-pots, value 6s. two dozen of japan tumblers, value 8s. two japan tea cannisters, value 1s. 6d. three japan half pint pots, value 1s. 6d. and fifteen dozen of iron spoons, value 2l. the property of Richard Jones , William Taylor , and Peter Merzeau .

There being no evidence to prove that the lodgings in which the property was found were the prisoner's, he was ACQUITTED .

First Middlesex Jury before Mr. Justice Heath.

Reference Number: t18010415-14

307. JOHN JEFFERYS was indicted for feloniously stealing, on the 25th of February , nine hen fowls, value 20s. the property of John Jackson .

THOMAS CARTER sworn. - I am servant to Mr. Jackson, at Walthamstow : On the 25th of February, in the morning I missed nine hen fowls, they were there the night before.

SAMUEL HARPER sworn. - I am an officer belonging to Worship-street; on Wednesday the 25th of February, I received an information, in consequence of which, I went to the house of one Prudence, in Hackney-road, where I found nine hen fowls, Carter came and looked at them.

Carter. They were the same fowls that my master had lost.

Harper. The prisoner had left his empty bag at Prudence's; I staid there three hours, waiting for his return, at last he came and I secured him; I had a great scuffle with him, and got him upon the ground in the road; I took him and Prudence before a Magistrate, and then I found out where the fowls were lost from.

- PRUDENCE sworn. - On Wednesday the 25th of February, while I was at breakfast, the prisoner brought me some fowls; I bought them of him, and gave him one shilling and three-pence a-piece for them, he left his bag till he came back; Mr. Harper came and waited for him.

Prisoner's defence. I bought the fowls of a man in a smock-frock.

The prisoner called one witness, who gave him a good character.

GUILTY , aged 21.

Two years in the House of Correction , and fined 1s.

First Middlesex Jury, before Lord Kenyon.

Reference Number: t18010415-15

308. LUKE VERNEY and JOHN MARSH were indicted for feloniously stealing, on the 4th of March , a truss of hay, value 2s. 6d. the property of John Willan .

JOHN WOODMAN sworn. - I am an officer, I was sent for to apprehend the prisoner Marsh, in a yard of Mr. Willan's, in Glass-house-yard ; I saw a truss of hay lying in the road; Verney is one of Mr. Willan's men, Marsh, I believe, keeps a chaise, and pair of houses to let out .

JOHN STILL sworn. - I am horse-keeper to Mr. Willan; I locked up the gates, that is all I know of it.

JOHN WILLAN sworn. - I occupy the premises in Goswell-street, for the keeping of horses; I had missed hay before this happened; in the dusk of the evening, of the 4th of March, I went to see if I could see any thing moving about the premises, after the gates were locked up, and, in the passage from the stairs, I met the prisoner, Marsh, with a truss of hay upon his shoulder, the other prisoner was in my service; I asked him where he was going with that, he said, to some alley in Bishopsgate-street, that he had borrowed it of a man in the stable; I found that he gates of the yard were open, there were some of my loading a waggon just by, and I sent for a constable; I took him back to the stables, and after a little time, I heard some rustling in the straw, I had a light in my hand; Verney then came out of the straw; I asked him what he was doing there, he said, he was watching for the people that stole the hay; I immediately secured him, it was about a quarter after seven.

Cross-examined by Mr. Alley. Q. What distance is this place from your house? - A. I should suppose, pretty near a quarter of a mile.

Still. I searched the stables the next day, and among the straw, where the prisoner came from, I found the lock of the gates.

Mr. Willan. I had Marsh searched, and a picklock-key was found upon him.

Verney's defence. Marsh came and asked me to lend him a truss of hay for a day or two; I let him have the truss; I saw the gates open, I thought the man was gone to the Bull-and-mouth to know what horses were coming there, and I laid down in the straw till he came back.

Marsh's defence. I borrowed the truss of hay of this man.

The prisoner Marsh called a Mr. Clarke, to whom he had been coachman five years, and two other witnesses, who gave him a good character.

Both NOT GUILTY .

First Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-16

309. WILLIAM WITHERS , the elder, and WILLIAM WITHERS , the younger, were indicted for feloniously stealing, on the 28th of March , a ewe sheep, value 20s. the property of Abraham Wilkinson .

(The Case was opened by Mr. Raine).

THOMAS HOLLOWAY sworn. - Examined by Mr. Raine. I am bailiff to Dr. Abraham Wilkinson , in the parish of Edmonton : On Friday night, the 27th of March, I was upon the watch with another man, and saw the two prisoners drive the sheep up into one corner of the meadow, they caught one and put it into sack, the old man had got the sheep in the sack, and the young one came behind him, we were waiting at the gate against they came out; I knocked the old man down, and the other man took the other; the sheep was marked A. W. with pitch, and a ruddle upon the near hip, it was a sheep that had a lamb just before, and the ewe took to the lamb, and the lamb to the ewe.

Withers, senior's defence. I am as innocent as a child unborn.

Withers, juniour's defence. I know nothing of it at all.

Withers, senior, GUILTY , Death , aged 48.

Withers, junior, GUILTY , Death , aged 21.

First Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-17

310. ANN SMITH was indicted for feloniously stealing, on the 22d of January , two yards of satin, value 5s. the property of Thomas Flint .

There not being sufficient evidence to bring the charge home to the prisoner, she was ACQUITTED .

London Jury, before Mr. Recorder.

Reference Number: t18010415-18

311. WILLIAM THORN was indicted for feloniously stealing, on the 8th of April , a shilling and a sixpence , the property of Robert Hoare .

ROBERT HOARE sworn. - I am a haberdasher , the prisoner was my porter : On Wednesday the 8th of April, about nine o'clock in the evening, I put into the till ten shillings and four sixpences, which I had marked; the till is not locked, but there are inside shutters, and they are locked with a padlock; it was the prisoner's duty to lock it, and give me the key; he gave me the key that night, and I gave it him again next morning as usual to unlock it; I saw him unlock one padlock, and pretend to unlock the other.

Q. How do you know he only pretended to unlock the other? - A. Because I had been the night before to examine, and found it unlocked; as soon as he had opened the shop, and his back turned, I looked in the till, and missed one shilling and sixpence; I went to the officer about ten o'clock, and he found one shilling and sixpence of money that I had marked, upon him; he had other silver about him, and twenty penny worth of copper.

Cross-exmined by Mr. Knapp. Q. Are you alone in business? - A. Certainly.

Q. How many persons do you employ in your

shop? - A. Two young ladies that make up the millinery.

Q. This till is left open during the whole business of the day? - A. Yes.

Q. What sort of a mark was this? - A. More like a V than any thing else; but it was not intended to represent any particular letter.

Q. I dare say you never saw a letter upon a shilling, or a sixpence, in your life? - A. Yes, I have, certainly.

Q. Is there anything more common? - A. Certainly not; but that is done with a stamp.

Q. Have you never seen a sixpence, or a shilling, with a scratch of a pin upon it, or any other pointed instrument? - A. No.

JOHN BARR sworn. - I am a watch-maker: On Wednesday morning last, about twelve o'clock. I saw ten shillings, and four sixpences, marked by Mr. Hoare; and the next day I saw one shilling and sixpence of it taken from the prisoner, and delivered to the officer.

WILLIAM SHEPHERD sworn. - I am a beadle,(produces the one shilling and sixpence;) I received it from the prisoner, with some other silver, and about twenty penny worth of halfpence; I asked him for his master's property; he said, he had got none; I told him I must see it; and then he pulled out one shilling and sixpence, of which Mr. Hoare had described the mark.

Prosecutor. This is the same, but the mark is not very easy discerned.

Mr. Knapp. Q. There are several marks about it? - A. I don't wish to know any other marks than my own.

Q. And that scratch is the only mark by which you are able to swear to it? - A. Yes.

Q. Is there any money due to this man for wages? - A. There is nothing due, I have paid it to his mother since.

Jury. Q. If you will examine it again, you will observe there are several smaller marks upon that money? - A. It is a mark that you cannot discern but by the shade of the light.

Jury. Q. Is that conspicuous cross the mark you mean to swear to? - A. No, that is a mark put upon it by the officer.

Mr. Knapp. Q. Will you venture to swear these marks were not upon it when you put it into the till? - A. I did not observe.

Shepherd. I put a cross upon the opposite side to the prosecutor's mark.

Mr. Knapp. Q. You put that mark upon it to know it again? - A. Yes.

Q. You would not have known it again without that mark? - A. Yes, I should.

Prisoner's defence. I am not guilty.

Barr. This is the same money; I have another of the marked shillings in my pocket. (It is banded to the Jury.)

Jury. Q. Did you intend that the mark upon this should be like the mark upon the other shilling and sixpence? - A. Nearly so.

Q. This appears to be like a W.? - A. That may have happened from my marking one stroke down and not seeing it; I may have made another.

GUILTY , aged 24.

Transported for seven years .

London Jury, before Mr. Recorder.

Reference Number: t18010415-19

312. JOHN GRIFFITHS and ROBERT GRIFFITHS were indicted for feloniously stealing, on the 24th of February , a gelding, value 10l. a bridle, value 2s. a saddle, value 2s. and halter, value 6d. the property of Joseph Barber .

There not being a little of evidence to shew the possession of the property in the prisoners, in the City of London, they were Both ACQUITTED .

London Jury, before Mr. Recorder.

Reference Number: t18010415-20

313. JOHN TURNER was indicted for making an assault in a certain alley, called Church-alley, near the King's highway, upon John-Hornblow Turner , putting him in fear, and taking from his person a hat, value 10s. half a yard of ribbon, value 2d. and a watch-key, value 2d. the property of the said John .

(The case was opened by Mr. Alley.)

JOHN-HORNBLOW TURNER sworn. - Examined by Mr. Alley. My father is refiner, I am in his accompting-house: On Wednesday last I was sent to the Bank, about twelve o'clock; I was returning home about two; in Church-alley, which leads from Basinghall-street to Aldermanbury , the prisoner came up to me, he did not speak a work, but took hold of my watch-ribbon directly, and pulled it out as hard as he could; I put my hand to my sob, bent down, and the watch-ribbon broke; he snatched off my hat, and ran about a dozen yards, as far as I could see him, and said, here is your hat; I was afraid to go up to him, for fear he should make another attempt; he ran round into Basinghall-street, and I pursued him; I cried out, stop thief, and he then threw my hat from under his coat into the street; I took it up, and he stopped under a passage in Basinghall-street; a person seized him, a constable Lyon Backrow , coming up, asked if I wanted him taken into custody; I told him, yes, and he took him before Alderman Boydell; I lost sight of him while he turned the corner, but not for a minute; I never lost sight of him after he threw away my hat; the constable searched him, and scued my watch-ribbon upon him.

Q. Was there any key annexed to it? - A. Yes; I saw him take it from him.

LYON BACKROW sworn. - Examined by Mr. Alley. I am a constable, (produces the watch-ribbon and watch-key); I took these from the prisoner;

Mr. Turner claimed them; and I took the prisoner before the Alderman.

Prisoner's defence. The prosecutor has made the worst of every thing; I remember I was in liquor, I picked up the hat, and offered to give it to him again. GUILTY, aged 25.

Of stealing, but not violently .

Confined two years in the House of Correction .

London Jury, before Mr. Recorder.

Reference Number: t18010415-21

314. JOHN SELBY , and MARY his wife , were indicted for feloniously stealing, on the 17th of March , an iron scale-beam, value 1s. 6d. the property of Ann Haywood .

ANN HAYWOOD sworn. - I am a grocer : I was alarmed by the neighbours about half past six in the morning of the 17th of March, I think it was Tuesday; the prisoners were brought to me by Thomas Wells, with the scale-beam.

THOMAS WELLS sworn. - I am a brushmaker, opposite Mrs. Heywood's: On Tuesday morning, the 17th of March, I saw the prisoner, Mary Selby, go into Mrs. Haywood's passage, and then one of the lodgers in the house came out, and the prisoner ran out into the court; she came up again, and went into the passage, and her husband followed her in.

Q. How do you know it was her husband? - A. He said so at Bow-street; then she came and watched at the door; her husband came out, and put his hand to his waistcoat pocket; he stood looking two yards within the door, but did not proceed into the shop; I then saw the woman come out with the scale-beam under her apron; the man came out at the same time behind her; upon which I ran to her and laid hold of her, and said, that won't do, you shan't have it; I held her fast, and called out for assistance, but could get none; I then took her back into Mrs. Haywood's passage, with the beam; when I laid hold of her, the man ran away; there was but one man that I could see in the street to get any assistance, and he would not, by that means the man got off; and the next morning, as I was going to work, I met the man in the next passage; I told him I knew him, that I saw him in a place he should not have been in, and then he set off and run; I went to get some of my shopmates to assist me, and a man immediately came to tell me he was taken; I am sure he is the same man. (Produces the scale-beam).

Mrs. Haywood. It was hung upon a hook in the passage, with a wire round it, to prevent its being taken away.

Wells. There is a small bit of wire round it, which appears to have been broke.(Alice wills confirmed the evidence of her husband).

EDWARD TREADWA Y sworn. - I am a constable: On the 17th of March I took the woman prisoner into custody, and on the 18th, I took the man into custody.

John Selby's defence. I know nothing about it.

Mary Selby's defence. I know nothing about it.

John Selby, GUILTY , aged 32.

Confined one month in Newgate , and fined 1s.

Mary Selby , NOT GUILTY .

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18010415-22

315. EDWARD BAWDEN was indicted, for that he, on the 6th of September, 1800 , with force and arms, with a certain gun, loaded with gunpowder, wilfully, feloniously, and maliciously did shoot at John Arnold , he being in a certain close and meadow, situate in the parish of Withiam, in the county of Cornwall .

Second Count. Charging, that a certain person, to the Jurors unknown, feloniously and maliciously did shoot at the said John Arnold , and that he, the said Edward, was present, aiding, abetting, and assisting the said person.

And two other Counts, charging it to be in the King's highway, instead of a certain close and meadow.(The indictment was opened by Mr. Jackson, and the case by Mr. Attorney General)

JOHN ARNOLD sworn. - Examined by Mr. Fielding. I am an Excise officer , at Merazion; I have known the prisoner some time; I have been to his house several times; he lived at Goodriddy, in the parish of Withiam, in the county of Cornwall: On the 6th of September I went to the house of the prisoner, with Mr. Twentyman, the supervisor, but we found nothing; we went again in the evening, about eleven o'clock; I had seen the prisoner two or three times in the course of the morning, he was carrying in his corn; we were on the premises six or seven hours, more or less; we went round the rocks and cliffs to see if we could find any smuggled goods; there are two ways down to the sea; I went down the westernmost, and came up the easternmost path; I turned up a little towards the prisoner's house, and one of the dragoons rode up to me, and told me there were some people behind the hedge; I had five dragoons with me, but we were not close in company; I came up to the spot, and saw a couple of men standing behind the hedge, about the distance of twenty yards, one of them was the prisoner at the bar.

Court. Q. Are you sure of that? - A. I am; upon that I turned my horse about to take off the party to go home; upon that the prisoner called out to make fast the gates; I knew his voice; he said, lock the gate, and was answered by a voice, unknown to me, that all was fast already; the prisoner then said, the d-d b-rs of light horsemen are here again, shoot them, shoot them.

Mr. Fielding. Q. Are you sure that was the pri

soner's voice? - A. Yes; there was a large company of people assembled upon a rising hill, in a bit of ground adjoining his house; there might be twenty, more or less; they were about sixty or seventy yards from where the prisoner was; upon that the company began to give huzza, huzza, and as I was passing on, I saw John Hodges and Edward Martin, jun. who lived in the house, I believe; my lads, says I, you had better behave, as there is some person here now that knoweth you; Hodges said to Martin, I believe that is Arnold, is not that Arnold's voice; upon that I passed by them in a direction to come away off in a little gentle trot, and as we had got to the summit of the hill, just as we had to pass over a rivulet of water, I heard a voice say, fire; I cannot say whether it was the prisoner's voice or not, and immediately a gun was discharged; we went on to the gate, and they continued firing upon us, I should suppose there were twenty guns discharged, more or less; when we came to the gate, we found it chained and padlocked; we got off our horses and broke the gate open as soon as we could; I never knew that gate locked in my life before; it is a road leading to the sea-side, and also to the farm-house.

Q. Are you able to say whether those guns were loaded or not? - A. Yes; I heard several balls; there was one just at the gate, which I thought would have gone through one of the horses, but it did not.

Court. Q. You don't know who discharged any of the guns? - A. I do not.

Mr. Fielding. Q. I now ask you, upon your solemn oath, if you have any doubt as to the voice, or as to the person of the prisoner? - A. I have none.

Cross-examined by Mr. Erskine. Q. You are speaking of the 6th of September? - A. Yes.

Q. What time in the morning was it when you first came upon the premises of the prisoner? - A. About six o'clock; we were there six or seven hours.

Q. He was taking in his wheat? - A. Yes.

Q. How many persons were there assisting him in getting in his harvest? - A. Ten or a dozen persons.

Q. Had you any conversation with the prisoner that morning? - A. Yes.

Q. You searched his house? - A. Yes.

Q. In the search of his house did any body accompany you besides Twentyman? - A. No.

Q. Were you molested by the prisoner? - A. Not at all.

Q. Were you rudely addressed by him? - A. Twentyman and he had some words.

Q. Did he obstruct you in your search? - A. He treated me very well.

Q. He gave you something to drink, I believe? - A. I drank a glass of brandy with him.

Q. He was getting in his harvest - you having actually searched his house? - A. Yes.

Q. I believe you found nothing? - A. Nothing.

Q. I take it for granted that you searched every where that your duty suggested? - A. I did.

Q. Then you all went away from his premises? - A. Twentyman and I went away.

Q. To a cove by the sea side, which is a place, I understand, very open to smuggling? - A. Yes.

Q. At that time you had entirely finished your search at Bawden's premises? - A. Yes.

Q. Was it your design, or did you communicate your design to Bawden, or any of his servants, or any body you knew connected with him, that you intendeded to search over again? - A. No.

Q. When you heard the words b-rs of dragroons, shoot them, had you not passed his house? - A. We had passed under his house towards the sea-side.

Q. Where were you going? - A. To the beach, to look for smuggled goods.

Q. Where were you going when you saw the prisoner, and heard his voice? - A. I was going up where the soldiers gave me directions, that he was seventy yards from his house.

Q. If the dragoon had not told you there were people behind the hedge, you and all your party would have gone home? - A. Yes.

Q. Then if the dragoon had not led you back to the house of Bawden, you would have gone homeward, having examined his house? - A. Yes.

Q. When I am defending a man, who is trying for his life, I do not mean to impute to you an intention to swear that which is not true, but we are all liable to be mistaken; in the first place, you have stated the distance to be about twenty yards; what time of night was it? - A. Eleven o'clock.

Q. The sixth of September? - A. Yes.

Q. It was not as light as day? - A. No, it was a fine moonlight night.

Q. By moonlight, at the distance of twenty yards, and a hedge between you? - A. Yes.

Q. When you swear that you saw the prisoner by moonlight, at the distance of twenty yards, and a hedge intervening, I take it you mean to say that you believe you saw him? - A. Yes.

Q. I believe it has happened to you, as it has happened to all of us in our turns, not wickedly, to take a false oath against a man; but I believe it has happened to you, that you have mistakes one man for another - Are you as sure of that as you are that you saw the prisoner? - A. I am sure I saw the prisoner.

Q. Has it never happened to you to make a mistake of one person for another, to make a charge upon one man, and afterwards find out that you

were mistaken? - A. I once called a man forward for a hearing.

Q. It so happens, I see, that the Nobleman is here who was the Magistrate upon that occasion; did you not swear to one man and afterwards find it was another? - A. I said I would not swear to May, but to Crease.

Q. Did you not say you believed May to be the other man? - A. No; I said I could not swear to him; the Collector says the information, not me.

Q. Then you did not think it was May? - A. Yes.

Q. Did you not send for a man of the name of Orgill, and then see your mistake? - A. No; I told my Lord, before-hand, that I could not swear to him.

Q. You heard at this time the words, the d-d b-is of light horsemen are here again; had they been with you in the morning? - A. No; only Twentyman and me together.

Q. And then you heard the words, shoot them, shoot them? - A. Yes.

Q. At that time there was no firing in consequence of those words? - A. Not directly.

Q. There were two persons there? - A. Yes.

Q. Did you know the other? - A. No, I did not.

Q. When you heard these expressions, where did you go? - A. We took our route to go right away home.

Q. Supposing this gate had not had a chain and padlock upon it, would you not have passed it without taking any notice? - A. Yes.

Q. It was nto a chain and padlock that you had over seen upon the gate before? - A. Never before.

Q. I take it for granted you broke them, and went through? - A. We unhung the gate behind.

Q. What distance was the place where you saw the man behind the hedge, from the gate? - A. I should suppose it must be three hundred yards or more, I cannot pretend to say.

Q. How near was you to the gate when the firing took place, or had you passed through? - A. No; we were two hundred yards from the gate, I should suppose, when the first firing was.

Q. What distance was that from the house of the prisoner - a quarter of a mile? - A. No, one hundred and fifty yards.

Q. How far is it from the gate to the prisoner's house? - A. Two or three hundred yards; I cannot say exactly.

Q. You cannot take upon you to say what became of those two men after you saw them, and after you heard the words, shoot, shoot? - A. No, I cannot tell what became of then after that, it is impossible, I was going from them.

Q. What distance of time was there between your hearing those words, and your coming to the rivulet where you was fired at? - A. Three or four minutes.

Q. What distance might that be - you was riding; - A. We walked our houses, I walked my horse, and the dragoons met, it might be four or five hundred yards, I apprehend; I am speaking as near as I can.

Q. Then there were several shots, by some wicked persons, fired at you? - A. There were.

Q. Did you hear any body say, fire, fire? - A. Yes.

Q. You do not mean to say that it was the prisoner's voice? - A. No.

Q. Somebody unknown, said, fire, fire; and then the guns were fired? - A. Yes.

Q. There was no mischief happened - I do not mean that that circumstance lessens the wickedness of the persons? - A. There was not.

Mr. Fielding. Q. When the information was taken before a noble Lord, against May and another, are you conscious of having charged any man, and I did not swear to him, I only called him forward, and told my Lord, I could not swear to him, and he was discharged, and the other was fined two guineas.

Q. Was it in the house only that you were to search for smuggled goods? - A. No.

Q. Was it in the fields? - A. By the sea-side; we thought they might have been moving the goods in the night.

Mr. E[Text unreadable in original.]skine. Q. My Learned Friend Must have misunderstand what you said to me, and what I said to you - you said, but for the dragoons you should have gone home? - A. Yes, I should have went home.

Court. Q. How far was this large company upon the rising ground from the hedge where you saw the prisoner? - A. About sixty or seventy yards.

Q. Did you ever see these two persons with the twenty persons? - A. No.

Mr. Fielding. Q. How loud were the words spoken by the prisoner? - A. Pretty well as loud as he could speak.

Q. Were they spoken loud enough to be heard by the people upon the hill? - A. It was loud enough to be heard a mile and more.

Q. What was the distance from which the answer proceeded? - A. Three or four hundred yards; I cannot say for certain.

JOHN PETTIT sworn - Examined by Mr. Knowlys. I am an Excise-officer, at Helston, in Cornwall; I was with Arnold, on Saturday night, I think, the 6th of September.

Q. Do you know the house of Bawden, the prisoner at the bar? - A. Yes.

Q. Was it your intention to search about for smuggled goods? - A. Yes.

Q. Did you search near about his house? - A. I believe Arnold searched the beach and cliffs.

Q. How far from his house? - A. About one hundred and fifty yards; when we went to make a search, we passed about sixty yards from Bawden's house.

Q. Was it a light or a dark night? - A. It was a little moonlight, I have seen it lighter.

Q. In your return form your search, tell us what was the first thing that you observed? - A. I saw a person standing on the hedge, or near the hedge, by Edward Bawden 's house; Bawden sent some men who were on the premises to go down and lock the gate.

Q. What kind of voice was that said in, low, or loud? - A. Rather loud.

Q. Was any answer made? - A. There might be one, but I did not hear any; I apprehended some violence was going to ensue, I did not pay any great attention.

Q. Was it a public highway that the gate crossed? - A. It was the common road from Withiam.

Q. Was that the way to the cliff? - A. No, it is a gate that leads from the high-road to the house.

Q. Is it a gate which people commonly use as well the prisoner's servants, as the public at large? - A. Yes, it is quite a common gate.

Q. Did you ever find that gate locked before that night? - A. No, I never saw it locked before.

Q. What was it at this time that made you apprehend danger? - A. It struck me, that that was the case; there were a number of men there, holloaing, and making a violent noise, huzzaing; there were a great number of them together.

Q. Did you afterwards hear or observe any thing that increased your fear? - A. I heard a noise, to the best of my recollection, cry, shoot the b-rs; there were several, I believe, said that; I then retreated towards the gate that I came in at, and found it locked; I was going to tell the party we could not get through that way, and I heard a bullet pass between me and our party; then we went towards the gate, a number of guns were find till we had got the gate open.

Q. How many guns were fired? - A. I did not pay much attention.

Q. How many do you guess? - A. I can't say how many.

Q. Were there half a dozen? - A. I think there were that or more.

Q. From whence were those guns fired? - A. From some persons ftanding pretty near Bawden's house.

Q. How many yards do you think from Bawden's house these people were placed? - A. I suppose the gate is three hundred yards from the house; it is impossible for me to say whether they fired from the house or where.

Court. Q. How far, according to the best of your judgment, were the peaople who fired from the house? - A Fifteen yards perhaps, or so.

Mr. Erskine. Q. You cannot understand the question, I think? - A. I don't pretend to speak positively.

Court. Q. To the best of your recollection, how far were there people from the house? - A. It might be perhaps about ten yards, or a trifle more; I might be three hundred yards from the place where the guns were fired, and the gate was further.

Q. How long do you think they might continue firing? - A. Some few minutes perhaps.

Cross-examined by Mr. Knapp - Q. I understood you to say, it was not so light a night as you had observed? - A. No.

Q. Several witnesses make use of the word shoot; did not you say so? - A. I said I thought there were.

Q. You were about three hundred yards distant from where the persons fired? - A. I cannot speak positively.

Q. It was near that? - A. I suppose it was.

PETER SHARPLESS sworn. - Examined by Mr. Jackson. I am serjeant in the 2d regiment of the Queen's dragoons; I was with Arnold and Pettitt on the 6th of September last, at Goodriddy; about ten o'clock in the evening Arnold and I went down to the cliff, and ordered Pettitt and the other four dragoons to stay in the field to see that nobody fired upon us, or threw any stones; and as we were coming home some person cried out, lock the gate; Mr. Arnold, Mr. Pettit, and four dragoons were with me at that time; then we came on very gently, and coming under the hill, near Bawden's house, I saw a numbher of men upon that hill.

Q. What distance was that hill from the house? - A. About seventy yards; and coming a little further, there was a dog set upon us; Arnold said, is there no one that can shoot the dog? upon which I drew my pistol, and fired at the dog, but missed him.

Q. Before you saw the dog, had you heard them make use of any particular language - bad they called out? - A. To lock the gate, and I heard somebody cry, the gate was already locked; when I fired and missed the dog, they fired upon us from the top of the hill.

Q. How many were there upon the hill do you suppose? - A. I suppose a dozen or twenty.

Q. How many shots were fired? - A. Two or three, before we got to the gate; when we got to the gate, we found it fastened; I ordered a dragoon to dismount and unhang the gate.

Q. How many shots? - A. I suppose there might be twenty; I did not hear more than three myself.

Cross-examined by Mr. Erskine. Q. Had this gate not been shut, you were in your way home? - A. Yes, we were going home then.

Q. Had not the gate been locked, you would have passed through it? - A. Yes, we should have gone home quietly.

Q. It was immediately upon your firing off this pistol at the dog, that the firing took place? - A. Yes, from the hill.

Mr. Attorney General. Q. Do you happen to know how far a musket will carry a ball? - A. I cannot say.

The prisoner put in a written defence, which, after being revised by his Counsel, was read as follows:"I leave my case to my Counsel; I cannot impute to Mr. Arnold, or to the witnesses who have given evidence against me, the wicked design of falsely swearing away my life; I have no doubt they were fired at in the manner they have sworn, and are only mistaken in imputing it to me; the situation of the farm I occupy under Lord De Dunstanville, is upon a very exposed and remote part of the sea coast of Cornwall, where there is a great deal of smuggling; my house had been searched in the morning: no violence or resistance, or any such disposition, has been imputed to me; on the contrary, I behaved with civility to Arnold, and there was no temptation which could lead to the commission of such desperate wickedness; I had no malice to Arnold, or to the persons with him, I was a stranger; they had made no seizure, nor had I any to apprehend; they had searched peaceably, and having found nothing, were retiring to a distance from the village; they had done me no violence, they had offered me no provocation to the wicked attack made upon them; I declare most solemnly, in the presence of God, I was, and am yet a stranger; at the time it was made, I was with the persons who had assisted me through the day in bringing in my corn; the report of the firing was heard by all of us at a considerable distance, and I intreat the Court to hear their evidence in support of my innocence; the distance of the place where I live, makes it impossible for me to be at the expence of bringing up my neighbours and acquaintance to speak what they know of my disposition; but I have a certificate from most respectable persons, if the Court can receive it: Lord De Dunstanville, my landlord, will, I am persuaded, bear witness that he believes me incapable of the wickedness imputed to me. Gentlemen of the Jury, I commit my life with confidence to your humane and impartial judgment.

For the Prisoner.

Lord DE DUNSTANVILLE sworn. - Examined by Mr. Erskine. Q. Your Lordship has a considerable estate in this neighbourhood? - A. Yes.

Q. I believe the prisoner is a tenant of your's? - A. Yes; I have known him personally these two years, by reputation four or five years.

Q. Do you believe him to be a man capable of the desperate wickedness imputed to him in this indictment? - A. By what I know of him, I should certainly think not; I never heard any thing against the man, except that he certainly has been suspected of smuggling; I know nothing against him; I always understood him to be a very quiet, sober man.

Q. And your Lordship does not think him capable of the desperate wickedness of shooting at another? - A. I think not.

Q. Does your Lordship recollect the circumstance of Arnold bringing May and Crease before you; I have a saint recollection of it, and I think it was as you have stated it.

WILLIAM LENYAN . - Examined by Mr. Knapp. I am collector of the land-tax, at Ludgworth: On the 6th of September I went to Goodriddy, to assist the prisoner in carrying in his corn, in the morning I saw Mr. Arnold and Mr. Twentyman, that was about nine o'clock; I saw Mr. Arnold again, he came about eleven o'clock, he entered into conversation about the crop, and then he had a glass of gin and went away; I continued helping the prisoner to get in his corn.

Q. In the evening did you see Arnold again? - A. No.

Q. What time did you leave off work in the evening? - A. Eight o'clock; I then went into Bawdeu's parlour, with Bawden, and several others, that were at work about the corn.

Q. How long did you continue in the house? - A. Till one o'clock.

Q. Did you hear any thing? - A. Yes, I heard the report of guns at eleven o'clock, Mr. Bawden was then with me.

Q. Had you any conversation about it? - A. No, we heard the report.

Q. Had the prisoner been out of your company during that time? - A. No.

Q. As you are upon your oath, do you mean to swear positively that he never was out of your company? - A. Yes.

Cross-examined by Mr. Attorney-General. Q. Do I understand you, that all the persons who had been assisting you were in the house with Bawden, from eight till one, without going out? - A. Yes.

Q. And what were you doing all that time? - A. We got supper; Mr. Bawden made some liquor for us, and we were drinking till eleven; then a woman came, and said, there were horses come upon the cliff; Mr. Bawden got up, put his back against the door, and insisted that every man should go to his seat; we heard the firing of the guns.

Q. How many were there of you? - A. Eleven.

Q. You do not know who were without upon the hill? - A. No.

Q. Not the least in the world? - A. No.

Q. You did not even know the fact of there being twenty people upon the hill? - A. No.

Q. How many guns might you hear fire? - A. I heard the report of two or three.

Q. Only two or three? - A. No.

Q. You live with your father? - A. Yes.

Q. What is your way of life - have you ever dealt in liquor? - A. Yes; I have bought an anker against harvest, or against a feast.

Q. Did you ever import any? - A. No.

Q. Did you deal in spirits only, or did you ever dabble in tobacco? - A. No.

Q. Did this man ever give you any reason why he would not let you go out? - A. No.

BENJAMIN CARVIS sworn. - Examined by Mr. Gurney. I live at Culver, in Cornwall, about two miles from Goodriddy: On the 6th of August I went to assist Bawden in getting in his harvest; we left off about eight o'clock in the evening and went into the parlour of Bawden's house; we sat down and had our supper; after supper there was some liquor to drink; after we had done supper, and were drinking, a woman came and said there were some horsemen coming; then we all rose up to go out to see what it was; and with that Bawden set his back against the door, and said, no one of you shall go out; we neither of us went out.

Q. Are you sure that from eight o'clock till that time, Bawden had not left your company? - A. He had not; we broke up about one o'clock; after Bawden had set his back against the door, we heard the report of guns or pistols.

Q. Are you quite sure, upon the oath you have taken, that Bawden did not leave your company? - A. No, he did not.

Cross-examined by Mr. Fielding. Q. How many were of the party at supper? - A. Ten or a dozen.

Q. Were all the men that had been working upon the farm upon that day of the party at supper? - A. Yes.

Q. Martin and Hodgers? - A. Yes.

Q. You knew them? - A. Yes; I knew them all.

Q. Was Martin there and Hodgers? - A. Rogers was there.

Q. What sort of a man is he? - A. A young man.

Court. Q. What is his christian name? - A. John.

Mr. Fielding. Q. Was Martin the younger there? - A. I don't know such a man.

Q. Had you assisted the prisoner before that day? - A. Yes.

Q. Were you there on the 5th? - A. Yes.

Q. What had you for supper? - A. A rump of beef, a leg of mutton, and a pudding.

Q. What liquor had you? - A. We had a glass of brandy, and after that we had some toddy, brandy and water.

Q. You do not know Martin? - A. No.

Q. When you heard the firing of muskets, did you make an attempt to go out? - A. No.

Mr. Gurney. Q. Is it not usual in Cornwall, when you have been assisting a friend to get in his harvest, to give a supper? - A. Yes.

Q. This was the conclusion of your harvest, was it not? - A. Yes.

WILLIAM JAMES sworn. - Examined by Mr. Erskine. I assisted the prisoner on the 6th of September; I was there the 5th, and on the 6th we left off about eight o'clock, and went to supper between nine and ten o'clock; we finished supper about ten o'clock; after supper, we had some toddy, and then a woman came to the door and said there were some horses coming over the cliff; we all rose up to go out; the prisoner rose up, and said, there should no man go out of the room, and set his back against the door; just after we heard a noise of guns, as we supposed, that was between ten and eleven o'clock.

Q. I ask you, upon your solemn oath, whether, from the time that you sat down to supper, between nine and ten, up to the time when you heard this siring, the prisoner was ever out of the room? - A. Never out of the room, till one or two o'clock in the morning.

Q. You swear that positively? - A. Yes.

Cross-examined by Mr. Attorney-General. Q. The prisoner was never out of the room, neither were any of you, from eight till one? - A. No.

Q. Had you no curiosity to send to enquire what the firing was about? - A. No.

Q. When you broke up, did any body go to see what had been the consequence of the firing? - A. Not till after one o'clock.

THOMAS BLEWITT sworn. - Examined by Mr. Knapp. On the 6th of September I assisted the prisoner in getting in his corn; we left off work about eight o'clock, and went into the prisoner's house; we continued from that time till about three in the morning; during that time the prisoner was never out of our company; after supper, a woman came in, and said, there were some horses coming over the cliff; we rose up to go out, and Mr. Bawden stopped us, and said, no person should go out.

Q. After that, did you hear the report of any guns? - A. I heard the report at a distance.

Q. Upon hearing that, did any of you go out? - A. No.

Cross-examined by Mr. Attorney-General. Q. You all broke up at the same time? - A. Some went to bed.

Q. But all who went away, went away together? - A. Yes.

Q. None of you went out of the room, for any purpose whatever? - A. No.

Q. Not even for the common purposes of nature? - A. No.

Q. What is your way of life? - A. A labourer in husbandry and farming.

Q. Do you mean to say you are usually employed in husbandry? - A. Yes.

Q. You are in the militia, are you not? - A. I was.

Q. But your employment is a breaker of horses, is it not? - A. Yes.

Q. Where have you worked in husbandry? - A. At 'Squire Bray's; I broke some horses for him, and Mr. Hendry, at Philack, in Cornwall.

Q. How long did you work for him? - A. All last winter.

Q. You never dealt in spirits, tea, or tobacco, I suppose? - A. I have bought an anker now and then.

Q. You have never been upon the sea? - A. Never, in my life.

Q. Are you an importer; do you buy large quantities? - A. No.

NOT GUILTY .

Second Middlesex Jury, before Lord Kenyon.

Reference Number: t18010415-23

316. ELIZABETH FORRESTER was indicted for feloniously stealing, on the 6th of February , a copper saucepan, value 4s. two iron candlesticks, value 1s. and a pair of sheets, value 10s. the property of John Chick .

JOHN CHICK sworn. - I live in Northampton-street, Christ-church : On the 6th of February, in the evening, my room was broke open, and robbed of the articles mentioned in the indictment; they were afterwards found in the possession of the prisoner, by Staples.

- STAPLES sworn. - I am a broker: These things (producing them) were brought to me for sale by the prisoner at the bar; I asked her if they were her property; she said, they were not her property, but she was sent by a woman of the name of Smith to sell them; she asked me three shillings for them; I bid her half-a-crown; she said she must have three shillings; I gave her three shillings for them; I then said I would not pay her, I would see the person that owned them; she said the woman lived at No. 3, Fleur-de-lis-court, Spitalfields; I went with her; she did not offer to go into any house in Fleur-de-lis court, but went into Wheeler-street into a public-house; she went backwards, and I had a glass of gin; she came back, and said the person was not there; I had a suspicion that they were stolen, and I gave charge of her to the watchman, but nobody owning them, she was dismissed; then this man came forward, and claimed them, and she was taken up again.

Prisoner's defence. A woman sent me to sell them for her.

GUILTY , aged 35.

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

Second Middlesex Jury, before Lord Kenyon.

Reference Number: t18010415-24

317. ANN MOORE was indicted for feloniously stealing, on the 26th of March , in the dwelling-house of Vincent Winch , six Bank notes, each of the value of 2l. and one other Bank note, value 1l. the property of Peter Hendrick .

PETER HENDRICK sworn. - (The witness being a foreigner, an interpreter was sworn.) I lodged at Mr. Vincent Winch 's, No. 4, Bean-street, St. George's in the East : On the 26th of March, in the morning, I put fourteen pounds in my chest in notes, six two-pound notes, and two ones; the same evening, between five and six o'clock, when I came home, I was informed that the servant had run away; I went up stairs, and missed my notes; the mistress of the house sought after the prisoner, because I was a stranger.

MARY WINCH sworn. - When the prisoner ran away from me, I went to where I had her character from; she directed me to her mother's, and I went with her sister to a house in Plough-alley, but did not find her; then I got an officer, and he went and found her in another house in Plough-alley; then she was taken to the Police-office, and committed.

WILLIAM MAPHAM sworn. - On the 26th of March, in consequence of information, I took the prisoner into custody, and found three two-pound notes in her pocket, a seven-shilling piece, a half-crown, sixpence, and nine shillings in silver; she said that was the remains of one of the notes that she had changed.

Q. Did you threaten her at all? - A. No.

Q. Did you hold out any hopes of favour? - A. No; she said it was through a young fellow that had kept her company that she had done it; I found her in a closet in the room; she said she had given the rest of the notes to the young fellow that kept her company; I then took her to the office, and she was committed.

The prisoner left herself to the mercy of the Court.

Q. (To Mrs. Winch.) How long had she lived with you? - A. About six weeks; she came from a public-house to me, but I went to a private house for her character.

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

GUILTY, Death , aged 16.

The prisoner was recommended by the Jury, on account of her youth .

Second Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-25

318. THOMAS TARRATT was indicted for breaking and entering the dwelling-house of Thomas Moore , no person being therein, about the hour of three in the afternoon of the 25th of February , and stealing a rifle barrelled gun, value 4l. a fowling piece, value 30s. a pair of pistols, value 30s. a silver tea ladle, value 2s. a silver tea

strainer, value 1s. and a plated milk ladle, value 1s. the property of the said Thomas .

THOMAS MOORE sworn. - I keep a house on Wilsden-green ; I was in town at the time.

CHRISTOPHER MARTIN sworn. - I had the care of the prosecutor's house: I went out on the 25th of February, about eleven in the morning; I fastened the door and windows, and left nobody at all in the house; I returned about ten minutes before four; I found the back door wide open, and every thing moved about; I found the staple of the door bent, and the lock drawn.

Q. Did you know the prisoner? - A. Yes; I have a daughter that lives with his father; I missed a rifle-barrelled gun and a pistol, that was all I missed at that time.

GEORGE COLEMAN sworn. - I took the prisoner; he had another boy with him about thirteen years of age, that made his escape; the prisoner had a rifle barrelled gun, and some things in his pocket, which the watchman took from him; I am a porter at Lady Salisbury's; I happened to be at Wilsden-green, and I stopped the prisoner about four miles from the prosecutor's house; the other boy had the other gun, (produces them both); the prisoner said he had brought it from Harrow; the other boy said he had brought it from Greenwich, and afterwards said a man gave them to him in Cavendish-square; they were at that time coming towards Cavendish-square; it was then nigh upon six o'clock.

FRANCIS RICKETTS sworn. - I was with the last witness; I assisted in taking the boy; I know no more than he does.

RICHARD MOAY sworn. - I am a watch-house keeper of Mary-le-bonne; when the prisoner was brought to me to the watch-house, I searched him, and found a brace of pistols in his coat pocket, a tea strainer, a caddle ladle, and a milk ladle. (Produces them).

Mr. Moore. I had not slept in the house since before Christmas; Martin takes care of the house; I had been about three days before, and seen all these things; the pistols are worth a guinea and a half; the gun I would not take four or five guineas for; if it was offered me; I went down afterwards, and found the tea-chest, out of which this tea ladle was taken, broke to pieces; I know all these things to be mine.

Q. I put it to you as a man of candour; do you think it possible that such a boy as that could make use of force sufficient to break this door open? - A. I will tell you why; if it had been a short instrument, he could not have done it for want of purchase, but there was a garden-spade near the door, and it having a long handle, would give a purchase sufficient for such a boy to do it.

Q. Then you think it might have been done by such a boy as that? - A. I am sorry to say I have no doubt about it.

Prisoner's defence. I was not near the house at all; the other boy gave them to me.

GUILTY, aged 12. - Of stealing the goods, but not of breaking and entering the dwelling-house .

Transported for seven years .

Second Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-26

319. RICHARD PRESTON was indicted for making an assault in the King's highway upon Mary, the wife of Joshua Greville , on the 14th of March , putting her in fear, and taking from her person a quarter of a pound of tea, value 1s. 6d. a pound of sugar, value 1s. three pounds of pork, value 2s. and a handkerchief, value 6d. the property of the said Joshua .

MARY GREVILLE sworn. - I am the wife of Joshua Greville : On the evening of Saturday, the 14th of March, about eight o'clock, I had been into Duke-street, Oxford-street, to a pork-shop; from thence I was going through Baker-street , north, where I lodge; a person passed me, but whether it was the prisoner or not, I cannot say, it was dark; a person passed me, walked up to a door, and then returned, and met me; he asked me the name of the street; he then put something to my face, which I took for a pistol, and said, deliver this bundle, or - and immediately took the bundle, and ran off with it.

Q. Did he take it violently from you? - A. Yes; I pulled against him, but he got it from me; the bundle contained a quarter of a pound of tea, a pound of sugar, and three pounds of pork; it was entirely dark, I could not distinguish the face of the person; I screamed out then, and he was pursued and taken.

Q. How long after? - A. I cannot say; for after I got home, I was in a fit sometime with the fright; I have some of the tea, and the handkerchief, here,(produces it), I received it from the patrol.

GEORGE MARSHALL sworn. - I am a patrol of Mary-le-bonne parish: I took the prisoner at the bar into custody on Saturday, the 14th of March; I found a bundle upon him, tied up in a handkerchief, containing pork, sugar, and tea; I heard a cry of thief; the prisoner fell over a post as he was running, and I laid hold of him upon the ground, and took the bundle from him.

Q. Have you any doubt of the prisoner being the man? - A. I am positively sure he is the man.

Cross-examined by Mr. Knowlys. Q. When you stopped him, did he not give you an account of where he had been, and where he was going? - A. No, he did not.

Q. What did he say to you? - A. I asked him whole property it was, and he said it was his own.

Q. Did not he tell you where he had been? - A. No.

WILLIAM TARRAN sworn. - On the 14th of March, at half past eight o'clock, as I was going home, at the corner of Banker-street I heard a scream, I looked round, and saw the prisoner running away from the gentlewoman, with a bundle in his hand; I pursued him till he got up to Northumberland-street, where he tumbled down over a post; he had the bundle then in his hand; Marshall then laid hold of him, and I assisted him.

Q. Have you any doubt about his being the man? - A. No; this is the man now standing at the bar.

HENRY BETTS sworn. - I belong to Mary-le-bonne watch-house; the prisoner was brought to the watch-house by the two last witnesses on the 14th of March; I searched him, and found in his left-band pocket this long end of a flute, and in this green bag, in the right-hand pocket, I found the remainder of the flute.

The prisoner called two witnesses, who gave him a good character. GUILTY , Death ; aged 21.

Second Middlesex Jury, before Lord Kenyon.

Reference Number: t18010415-27

320. THOMAS WINN was indicted for feloniously stealing, on the 15th of January , twelve tea spoons. value 1l. 10s. two table spoons, value 1l. five gowns, value 3l. a petticoat, value 10s. a silver cup, value 15s. a gold ring, value 8s. a counterpane, value 10s. two pair of sheets, value 12s. two table cloths, value 3s. three pair of stocking, value 2s. an apron, value 3s. and twelve guineas, in monies numbered, the property of Ann Griffin , widow , in the dwelling-house of John Meredith .

ANN GRIFFIN sworn - I am a widow; I live at Kentish-town; at the time I lost my property, I lived in Winchester-court, Monkwell-street , the prisoner lodged in the same house; John Meredith keeps the house: I missed all my property on Thursday the 15th of January, out of a box, except a pair of stockings; the box was locked when I left it; in my flurry, I cannot say whether it was locked or not when I found it.

Q. Does Meredith live in the house? - A. No, he is abroad; his wife keeps the house, she is here; I got an officer, and he searched the pawnbroker's, and in half an hour he found two pair of sheets; the prisoner was taken the Saturday following, and the duplicates found upon him; he left the house on Thursday the 15th; I did not see him again till he was taken on the Saturday.

ROBERT NEWMAN sworn. - I am a constable: On Thursday the 15th of January, Mrs. Griffin applied to me; I went with her to a pawnbroker's, Mr. Gilson Reads , in Red-cross-street, and found two pair of sheets, which she claimed; the other things I found by the duplicates on Saturday, the 17th of January last; I apprehended the prisoner at Mr. Crouch's, a pawnbroker, in Fore-street; I found upon him thirty duplicates, which identify every article of this woman's property, (produces them); I found upon him also five guineas, two shillings, and a silver watch; he told me he had bought the watch out of the poor woman's money.

Q. Had you told him it would be better to confess? - A. No, he told me voluntarily; he said the five guineas was part of the woman's money that he had not spent.

Q. Did he mention the woman's name? - A. He did not; he said he had bought it out of the money that he had taken; he said he had taken but ten guineas, instead of twelve; I found a pattern of a woman's gown, and a pair of stockings lying upon the counter; the pawnbroker said, in the prefence of the prisoner, they belonged to him.

MARY MEREDITH sworn. - I am the wife of John Meredith; my husband is on board a King's ship; Mrs. Griffin lodged with me one month; my husband has not been home for six years, the 13th of April, he is at Gibraltar.

Q. You pay the rent with his money, do not you? - A. Yes.

Q. Has he never slept in this house? - A. No; when he went abroad, I lived in Wood-street; I have been two years in this house; Mrs. Griffin's box was in the prisoner's room; she lived there in the day, and at night slept with me in my own bed.

EDWARD CARTER sworn. - I am a pawnbroker, (produces a sheet), I took them in of the prisoner on the 16th of January; I lent him ten shillings upon them.

JAMES GATTY sworn. - I am a pawnbroker, No. 64, Tooley-street, (produces six tea-spoons); I took them in of the prisoner on the 16th of January, I am sure he is the man.

JOHN GRAY sworn. - I am servant to a pawnbroker, (produces a silver cup); I think it was the prisoner who brought it to me, but he was dressed so differently, that I cannot sweat to him; to the best of my recollection, he is the same man.

Q. See if your duplicate is among those duplicates? - A. Yes, it is; I took it in on the 15th of January.

- RICHARDSON sworn. - I am servant to a pawnbroker, (produces two gowns and a petticoat); I took them in on the 15th of January from the prisoner; I am sure he is the same person.

EDWARD WALKER sworn. - I am servant to a pawnbroker, (produces a counterpane); I took it in of the prisoner on Thursday the 15th of January.

BARTHOLOMEW AUSTIN sworn. - I am a pawnbroker, (produces six tea-spoons); I cannot swear that it was the prisoner, I think he is the man.

JOHN SADLER sworn. - I am servant to a pawn broker, (produces a gown, a table cloth, and a napkin); I took them in of the prisoner at the bar on Thursday the 15th of January; I know his person by the cast in his eye.

WILLIAM PETERS sworn. - I am servant to a

pawnbroker, - (produces two table spoons); I took them in of the prisoner.

SAMUEL FRYER sworn. - I am servant to a pawnbroker, (produces a gown and an apron); I took them in of the prisoner.

CHARLES DENNIS sworn. - I am servant to a pawnbroker, (produces a gold ring); I took it in of the prisoner.

CHARLES GILLETT sworn. - I am a pawnbroker, (produces a cotton gown); I took it in of the prisoner the 15th of January.(The whole of the property, except the money, was identified by the prosecutrix.)

Prisoner's defence. The box was not locked; my wife and this woman were gone out together; I went out to get a pint of beer, and when I came back, I found the box open, and some of the things lying about the floor.

GUILTY , Death , aged 25.

London Jury, before Mr. Recorder.

Reference Number: t18010415-28

321. JAMES, alias JOHN BUSBY , was indicted for feloniously stealing, on the 24th of February , twelve ounces of bees was, value 1s. 3d. a pound weight of other bees wax, value 2s. a pound of camphire, value 10s. a pound of castile soap, value 1s. 3d. two pieces of sponge, value 1s. and a pound of Spanish Juice, value 1s. 6d. the property of Thomas Wilson , Sampson Hodgkinson , and William Minshull .

SAMPSON HODGKINSON sworn. - I am a druggist , in partnership with Thomas Wilson and William Minshull , upon Snow-hill ; the prisoner was our weekly porter ; I took the property out of his pocket: On Tuesday, the 24th of February, our factor, William Wilson, brought him into the accompting-house where I was; I opened the front of his coat, and took out of the breast pocket a piece of bees was, weighing nearly a pound; I sent for a constable, gave charge of him, and he took him to the Compter; I afterwards went with the constable to the prisoner's lodgings, about three o'clock in the afternoon.

Q. Did you yourself know it to be his lodgings? - A. No; his lodgings were in a court in Turnmill street, Cow-cross; we found there some articles which the constable will produce; and the day after he was committed, a publican, who is here, brought a handkerchief containing two pounds and half of camphire, in three pieces which are marked with his name; one of my partners took it over to Mr. Alderman Price's, and left it in his accompting-house till within these two days, when I fetched it away myself, and know it to be the same from the marks; with the camphire was another piece of bees wax, weighing a pound.

Cross-examined by Mr. Knapp. Q. This man, I believe, has been your porter for some time? - A. About nine months.

Q. I believe the told you his lodgings were not exactly where he was to be found? - A. He told me, No. 5, Turnmill-street.

Q. A piece of bees wax was found in his breast coat pocket? - A. Yes.

Q. What might be the value of it? - A. One shilling and sixpence.

WILLIAM WILSON sworn. - I am a factor: Between the hours of two and four, on the 24th of February; I was going to send the prisoner into the City, and on my giving him a different direction, upon his stopping to pick up his knot, I observed the prisoner had a piece of bees wax in his inside coat pocket; I instantly collared him, and asked him what he had got; the prisoner seemed very much confused; I then took him into the accompting-house to Mr. Hodgkinson, when Mr. Hodgkinson took out of his inside coat pocket the wax; it was marked and given to our clerk; I also marked it after the prisoner was taken; we examined the wax, but could not find any corresponding pieces; but upon looking further, and examining the country orders, I found the corresponding pieces with that which was found upon the prisoner; it was exactly the same sort of wax.

Cross-examined by Mr. Knapp. Q. You are in partnership with the prosecutors? - A. No.

Q. You saw that the man had wax in his inside coat pocket? - A. Yes.

Q. The wax was marked after you had found it? - A. Yes.

Q. There are other persons deal in bees wax in the City of London? - A. Yes, numbers.

ADAM WOOD sworn. - I am clerk to Messrs. Wilson and Co. I saw Mr. Hodgkinson take this piece of bees-wax from the prisoner's coat-pocket; I marked it with the initials of my name, in the prisoner's prefence; I have had it ever since, (produces it, with the corresponding piece); We have found a great part of the cake, but some of it has been sold, or used.

Q. Do you believe, from that circumstance, that that is, or not, your master's property: - A. I do believe it is.

Cross-examined by Mr. Knapp. Q. The mark that was put upon it, was put upon it after it was found in the prisoner's pocket? - A. Yes.

Q. I should think a cake of bees-wax would be much the same in one druggist's shop as another? - A. Yes. Certainly.

HENRY BEADLE sworn. - I am an officer: I was sent for on the 24th of February last, by Mr. Hodgkinson; when I came there, the prisoner was in the accompting-house; Mr. Hodgkinson charged him with taking a piece of bees-wax, which he had taken out of his pocket; upon that I took the prisoner to the Compter; I then returned to Mr. Hodgkinson's again, and he and I went to Turnmill-street, to the prisoner's lodgings.

Q. Do you know, of your own knowledge, that they were his lodgings? - A. No.

Q. Have you anybody here that can prove that they were his lodgings? - A. No.

Q. At the lodgings, what did you find? - A. Four pieces of sponge, some Spanish juice, and two pieces of Castile soap; I have kept them ever since.

- CHERRINGTON sworn. - I keep the Cock public-house, on Snow-hill: On the 24th of February, I went home about four o'clock, and smelt something very strong in the bar; I went into the bar and found a handkerchief with camphire and bees-wax in it, my daughter took it in, she is here; I took it to Mr. Hodgkinson's, marked it, and delivered it to him; the handkerchief that it was tied up in was marked J B.

ANN CHERRINGTON called. - Q. How old are you? - A. Twelve.

Q. Suppose you tell a story, or that which is not true, do you know what will become of you in the next world? - A. Go to hell. She is sworn.

Q. Look at the prisoner; do you know him? - A. Yes; I am the daughter of the last witness; the prisoner came and asked for something to drink; I served it him; then he put a bundle on the counter, and asked me if he could leave it a little while; I took it in, and put it at the head of the counter; my father came home and smelt something, and asked me what it was; I told him; and he told the boy to put it down the cellar-stairs; two days afterwards, Mr. Toms and my father took it down to the druggist's.

Cross-examined by Mr. Knapp. Q. The boy is not here who was told to put it on the cellar-stairs? - A. No.

Q. NOr Mr. Toms? - A. No.

Court. Q. Two days after do you know whether he took away the same bundle that you took from the prisoner? - A. Yes.

Q. When you saw it in your father's hand, was it the same bundle that the prisoner had given you? - A. Yes. (The comphire and wax produced).

Mr. Hodgkinson. I do not mean to swear to either. I only swear to the piece I took out of his coatpocket.

The prisoner left his defence to his Counsel, and called seven witness, who gave him a good character. NOT GUILTY .

London Jury, before Mr. Recorder.

Reference Number: t18010415-29

322. CHARLES ALLEN was indicted for feloniously stealing, on the 27th of February , one hundred and twelve pounds weight of hay, value 8s. the property of William Dalton .

There being no evidence to prove that the hay in question had ever been in the possession of the prisoner, he was ACQUITTED .

London Jury, before Mr. Recorder.

Reference Number: t18010415-30

323. MARY BRYANT was indicted for breaking and entering the dwelling-house of William Goulding , no person being therein, about the hour of six, in the afternoon of the 5th of March , and stealing thirty doe-skins, value 9l. the property of the said William, in his dwelling-house .

WILLIAM GOULDING sworn. - I rent part of a house of Mrs. Fair, I have three lower rooms; there are two doors to my room that I live in, the front door is in White's yard , and the back-door stairs is rented by a man and his wife, they go through the same door to their apartment that I do to mine, there is no passage properly: On the 5th of March, I went out about five o'clock in the evening, I shut my door and double-locked it, as I usually do, I left nobody in the house; I returned about half past-eight, and found the staple of the lock forced off, and lying on the floor, in the middle of the room; I examined the room, and missed nine doe-skins.

Q. What are the value of them? - A. I reckon I could have sold them for nine pounds, I should not have given more than eight pounds for them; the first that I saw of them afterwards, was five at Mr. Mathews's, in the Minories, on the Saturday; and I saw four more at Mr. Davidson's, in the Borough, ten days after, or more; I know them to be mine from the quality, and from certain marks that I had observed in working them; and had put them by for certain persons that I thought they would suit; I saw the prisoner aout nine o'clock, within a hundred yards of my house, I never saw her before.

CHRISTIAN MATTHEWS sworn. - I am a pawnbroker: I received five doe-skins from the prisoner on the 5th of March, about eight o'clock in the evening. (Produces them).

THOMAS GRIFFITHS sworn. - I am an officer belonging to Lambeth-street-office: On Thursday the 19th of March, I went, in company with Edward Smith , to the prisoner's house, in a court in Old Castle-street, Whitechapel; I found her, and a woman of the name of Darby, they had left their lodgings about a week before, in consequence of our being after them; they had come to fetch the remainder of their goods, and we took them both to the office, the other woman was discharged; the prisoner said she had pledged them.

Q. Had not you told her it would be better for her to confess? - A. No; it was voluntary; she said she was sorry for the other woman, for she was not with her when she pledged them; she said the she had pledged five skins at Mr. Mathews's and the other four she had pledged at Mr. Davidson's, in the Borough, in the name of Darby, but that Darby was not with her.

EDWARD SMITH sworn. - I am an officer belonging to Lambeth-street-office, I was with Griffiths: I took Mr. Matthews to see the prisoner in

the lock-up-room, and she said to Mr. Matthews, it was me that pawned them; the other pawnbroker could not swear to the woman, and the Magistrate ordered him to deliver up the skins. (The five skins were identified by the prosecutor).

Goulding. The other four I had returned to me, and I have sold them.

Griffiths. The prisoner acknowledged that she had pledged these skins at Mr. Davidson's.

Goulding. I knew the other four to be mine by the marks, and the quality; by the quality, I mean that these were skins that I bought in a rough state, and before, what we call grounding them, I washed them over with a liquor which contracts them, alters the texture of them, makes them finer, and not so spungy; it is a practice that is exploded in the trade; I do not know any man in the trade that uses it besides myself.

Prisoner's defence. My husband is a leather breeches-maker, and he makes up his leather, and sells at Rag-fair; my husband bought some skins of a Jew, he had not money enough to pay for them, and he sent me with five skins to pledge; the skins that were pledged in the Borough I never saw; I am innocent of it.

Q. (To Goulding.) Was it light when you went out? - A. No, it was not. NOT GUILTY .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18010415-31

324. WILLIAM EATON and JAMES EATON were indicted for breaking and entering the dwelling-house of Francis-Jonathan Robotham , Harriet his wife, and others of his family, being therein, about the hour of four, in the afternoon of the 24th of March , and stealing three pair of gold ear-rings, value 12s. a gold fancy ring, value 5s. and a pair of metal ear-rings, vaue 5s. the property of the said Francis-Jonathan .

FRANCIS-JONATHAN ROBOTHAM sworn. - I live at Hampstead : The glass of my shop-window was broken on the 24th of March, I believe, between the hours of three, and six in the afternoon, and three pair of gold ear-rings taken, worth twelve shillings, a gold fancy ring, and a pair of metal earrings; I never saw the prisoners, till they were brought to my house, about six o'clock the same evening; I was from home at the time when they were brought back; they were searched, but no property found upon them.

THOMAS MASON sworn. - I live at Hampstead: On the 24th of March, between three, and four o'clock, I saw the two prisoners standing by Mr. Robotham's window, and between four and five there was an outcry of some things being gone out of the window; upon that, I followed in pursuit, the prisoners had got as far as Pancras Workhouse; I took them both, but there was nothing found upon them.

CHARLES WHITING called - Q. How old are you? - A. Ten.

Q. What is the nature of a oath? - A. Not to tell lies. (He is sworn.)

I saw the little boy , James Eaton , throw away the ear-rings by a wall, at Hampstead; I picked them up, and gave them to John Nash ; Mason and Nash had them in custody at that time, (the earrings produced); these are the rest that I took up.

Q. What time of the day was it that you saw them thrown away under the wall? - A. About five o'clock.

Q. (To Mason.) What time was it when you took them? - A. Between four and five.

Q. How came you not to search them? - A. I did not know that I was obliged to search them; I did not know any thing about it.

JOHN KENT sworn. - I was with Whiting; I saw the ear-rings thrown away.

Q. Do you know any thing of the prisoners? - A. No.

JOHN NASH sworn. - I received the ear-rings from these two little boys.

Robotham. These are my ear-rings.

Q. Then of course you do not know who was in the house at the time of the robbery? - A. My wife and family were in the house.

Q. You were not at home? - A. No.

William Eaton 's defence. We had been ill of a fever for a month, and we took a walk to Hampstead for the benefit of our health.

William Eaton, GUILTY, aged 20.

Of stealing goods to the value of 4s. 6d.

Transported for seven years .

James Eaton, GUILTY, aged 10.

Of stealing goods to the value of 4s. 6d.

Judgment respited .

First-Middlesex Jury, before Lord Kenyon.

Reference Number: t18010415-32

325. JOHN DRAKE was indicted for making an assault in the King's highway upon Edward George , on the 22d of February , putting him in fear, and taking from his person a waistcoat, value 5s a pair of drawers, value 1s. 6d. a shirt, value 4s. five pair of cotton stockings, value 5s. seven handkerchiefs, value 7s. and a flannel waistcoat, value 1s. the property of Robert George .

EDWARD GEORGE called. - Q. What age are you? - A. Fourteen.

Q. Do you know what an oath is? - A. Yes; to speak the truth.

Q. Do you know what will happen to you if you don't? - A. Yes. (He is sworn).

On the 22d of February, I was going to the washerwoman's with my brother's things, I live at Brompton; I was going from Compton-street to the washerwoman's in Wells-street; there was a shirt, a waistcoat, a pair of linen drawers, seven handkerchiefs, and I do not know how many pair

of stockings, in a bundle, they were tied up in a coloured handkerchief; John Drake met me, and I held the bundle as tight as I could, but he forced it from me.

Q. Did you know him before? - A. No; he got it from me and run away, I ran after him and cried stop thief; there were some people belonging to the Mews heard the alarm and they ran with me; he chucked down the bundle, and then one Starkey, who lives in Wells's-mews, heard the alarm, and seized him.

Q. What time of day was this? - A. About eight o'clock in the evening.

Q. It was dark then, was not it? - A. Yes.

Q. Look round, and see if you can see the person? - A. That is the person in the bar.

Q. You are quite sure of that? - A. Yes; he never went out of my sight; when he threw down the bundle it came open, and I picked it up; when the man was taken, I took the bundle and left it at the washerwoman's; the prisoner was brought up facing the washerwoman's door, and then the two witnesses charged the watch with him; after I had got to the watch-house, they sent a man with me to the washerwoman's to get the bundle, and I went and serched it.

Q. Was the bundle in the same state in which you had left it? - A. No; when I left it, it was open, and the washerwoman had counted the things, for the bill was in it, and she had tied them up again; the prisoner was in the watch-house that night, and the next morning I saw him again.

ROBERT GEORGE sworn. - I am the brother of the last witness: I sent my brother Edward with a bundle of linen to take to the washerwoman's, I put the things into the handkerchief, and my brother tied it up; there was a dimity waistcoat, a flannel waistcoat, a pair of cotton drawers, a shirt, five pair of cotton stockings, five pocket handkerchiefs, and two neck handkerchiefs; I neither saw my brother, nor the things afterwards, till I saw them at Marlborough-street.

JOHN STARKEY sworn. - I live in Wells's-mews : I heard a noise, I came to the door, and heard a cry of stop thief; I saw the prisoner running along and I caught him, he had nothing in his hand; then the little boy came up, and I took the prisoner to the watch-house; I saw him throw away the bundle, but I did not see who picked it up; I went with him to the watch-house.

RICHARD MOAY sworn. - I am watch-housekeeper, (produces the bundle); this bundle was brought to me by Edward George, and a man that went from the watch-house; I have had them ever since.

Robert George . These things are my property; some of the stockings are marked with a pen and ink, but in washing it has become yellow; and the neck handkerchiefs are marked.

Edward George . These are the same things; this is the handkerchief in which they were tied.

Prisoner's defence. I was going through Wells-street, I heard a cry of stop thief, and I ran with several others, and this man laid hold of me, and fell a beating of me.

GUILTY , Death , aged 47.

First Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-33

326. JOHN ALLEN was indicted for feloniously stealing, on the 28th of March , two pigs, value 40s. the property of John Blackling , and Richard Hawkins .

JOHN BLACKLING sworn. - I am a potato dealer , at Wapping-wall, in partnership with Richard Hawkins ; I lost two pigs out of a yard, in Milk-yard, by Shadwell ; I saw them between seven and eight in the evening, on Saturday the 28th of March, I missed them about half-past eight, or near nine; the prisoner works on board a ship, as a coal-heaver ; I found them on the premises of Samuel Special , the day following, in the afternoon, about a mile from where they were lost.

Q. How do you know that they were your pigs? - A. I had cut the ear and the tail a day or two before, and it was not quite healed by that time.

GEORGE WATKINS sworn. - I am a journeyman carpenter, I work with Mr. Nash, of Wapping-wall: On Saturday night, the 28th of March, about ten minutes past nine o'clock, I went up New Gravel-lane, and saw the prisoner driving two pigs; I had some suspicion of him; I asked him where he was going with these pigs, at that time of night; he said, he was going home with them; I asked him where he bought them, he said, he had bought them on board-a-ship, he seemed very much fluttered; I said, my friend, they are not your property, you have stolen these pigs; says he, then you had better stop me; I said, I have a great mind to stop you; I followed him, driving the pigs up Ratcliff-highway; I took a great deal of notice of him, and the pigs too, it was a moonlight night; he then drove them up King David's-lane, Mile-end; I stopped there, and pursued him no farther; I was in company with him about twenty minutes.

Q. Did you know him before? - A. I have seen him before.

Q. Under all these circumstances, have you any doubt that the prisoner is the man? - A. None; I remarked one pig in particular, that was the barrow-pig, it was swelled under the belly; I saw that one of the tails was cut short, I did not observe the other tail; the next morning, I was at the barber's shop, and heard that Mr. Blackling had lost the pigs; I went with him to Special's, where I saw the same two pigs; I am sure they were the same.

Blackling. One of them was a barrow-pig, and there was a large swelling under the belly, which is very usual.

Prisoner's defence. As I was coming home on the Saturday night, I saw these pigs in the street, and I was going to drive them to the Green-yard, but it being rather late, I asked Mr. Special to let me leave them there till the next morning.

GUILTY , aged 35.

Twelve months in the House of Correction .

First Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-34

327. JACOB HUGHES and THOMAS MANNERLEY were indicted for feloniously stealing, on the 13th of March , seventeen yards and a half of woollen cloth, value 10l. the property of Benjamin Grobety .

Second Count. Charging it to be the property of John Yarbury , and Joseph Horier .

(The case was opened by Mr. Knowlys.)

BENJAMIN GROBETY sworn. - Examined by Mr. Knowlys. I live in Swan-inn-yard, Snow-hill; the clothiers in the country send us up cloth to convey to their correspondents: On Friday, the 13th of March, there was a truss directed for Briggs and Levett, at Hull, that was to be sent to Custom-House-quay , to a ship that was lying there, it contained one whole cloth and two ends.

Q. Did you open them? - A. No, I examined them by the outside appearance; I employed Mannerley to superintend the cart, and the packages that day; Daniel Webber was carman; I sent Robert Bird also as an assistant to Mannerly; the next day, I heard that there was some property found upon Hughes, in consequence of which, I went to Worship-street, and saw the goods; I then went on board the ship and saw the bale; I found a deficiency of one end of cloth.

Q. Had Hughes ever been in your service? - A. He had, but was not employed that day for me.

Cross-examined by Mr. Knapp. This trust came from the country? - A. It did.

Q. You never open them? - A. Sometimes I do.

Q. Did you open this? - A. No.

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

Q. Do you mean to say, though you never opened them, that from the outside appearance, you found a deficiency? - A. I do mean to say so.

ROBERT BIRD sworn. - Examined by Mr. Knowlys. I am servant to Mr. Grobety: On the 13th of March, I accompanied the cart with Mannerley to the bottom of the Minories, where we stopped at the Camel, it was all safe then.

Q. Did you know Hughes? - A. Yes, I knew him by working with him in the yard.

Q. What became of Webber, the carman? - A. He went to the Bull, in Bishopsgate-street, with two small trusses, by Mannerly's direction, Webber was to come back to us at the Camel; while we were taking out a trust, at Mr. Parker's in the Minories, Hughes came up to us with a dozen of small children's chairs; I was in the body of the cart, and Mannerley desired me to get out of the cart, and go to the Camel in the Minories, and get a pot of beer, till he came to me with the cart; I went there and waited for him, leaving Hughes with him; Mannerley and Hughes went with the cart down Tower-hill, I lost sight of the cart at the lower part of Tower-hill, in the way to Wapping; Hughes was with Mannerley when I lost sight of them; Mannerley asked Hughes to go with him, and he agreed to go with him; in about an hour the cart returned to me and Webber, at the Camel; Mannerley came back with the cart, but Hughes did not; we went from the Camel to Mark-lane, and there Thomas Mannerley took the truss out of the cart, upon his back, and carried it to Custom-house quay.

Q. Had you observed that truss when it was first put into the cart? - A. I had.

Q. Was it in the same condition when he took it out of the cart, at Mark-lane? - A. No, it was not; it seemed loose when he took it on his back, it was tightly packed when he took it in first.

Q. How soon did you learn that Hughes was taken up? - A. I cannot say, I mentioned it to Mr. Grobety, and then Hughes was taken up.

Cross-examined by Mr. Knapp. Q. The Camel, in the Minories, is in the City of London, is it not? - A. It is at the bottom of the Minories.

Q. Did you deliver other goods before you got there? - A. Yes, at the Red-lion in Aldersgate-street.

Q. That is in the City? - A. Yes.

Q. Any where else? - A. Yes; the Castle and Falcon, and the Bull-and-mouth.

Q. They are in the city? - A. Yes.

Q. Any where else? - A. The Castle, in Wood-street.

Q. That is in the City too? - A. Yes.

Q. Any where else? - A. The White-horse, Cripplegate.

Q. Any where else? - A. Several other places.

Q. All in the city of London? - A. Most of them.

Q. The first time you saw Hughes was in the Minories? - A. Yes.

Q. And you had delivered a quantity of goods in Aldersgate-street, and different places? - A. Yes.

Mr. Knowlys. Q. Could the truss have been taken out of the cart, so as to take out one piece at any of those places? - A. No.

Q. You lost sight of the cart, when it was going across Tower-hill? - A. Yes.

Mr. Knapp Q. Do you mean to say, that you were always with the cart, from the time that this unlading took place? - A. Yes, I never left it till we came to the Camel.

GEORGE OLIVER sworn. - Examined by Mr. Knowlys. I am an Excise-officer; on Friday the 13th of March, about eight o'clock in the evening, I saw the prisoner, Jacob Hughes , take a parcel from a coach, to the end of Fleet-market; he crossed the way, and in consequence of suspicion, I followed him to a public-house, in Charter-house-street; Mr. Middleton was with me; I went into the public-house, and asked him what he had in that parcel, he said, he did not know; I told him, I was an officer, and I must see; I opened the parcel, and found it to be superfine cloth, it was tied up in a coarse apron, like a porter's apron; I asked him where he got it from, he said, from Rotherhithe; I asked him if he was not tired, having had a long walk, he said he had; I said, how came you to tell such stories, for I saw you take the parcel from a coach, at the end of Fleet-market; I told him he seemed in liquor, and I would go with him to where the parcel was directed, in order to protect the property; there was a direction upon it, to Mr. Willis, No. 18, Seward-street, Goswell-street; I went with the prisoner there, and asked for Mr. Willis; Mr. Willis was sitting in the parlour, and said, I am Mr. Willis; I said, do you expect a parcel from the country, he said, no; Hughes then brought in the parcel, and said, it was directed for him, and he should leave it; I told him, if I could find no owner, I should give charge of him to a Peace-officer; accordingly, I delivered him and the parcel to Moore the constable.

Cross-examined by Mr. Knapp. Q. Then he had the appearance of a porter? - A. Yes.

Q. And you are quite sure you are right in the direction to Seward-street? - A. Yes.

Q. Where you met Hughes then, was in the City of London? - A. Yes.

Q. Charterhouse-lane, in point of fact, would be in his way to Goswell-street? - A. Certainly.

SAMUEL MOORE sworn. - Examined by Mr. Knowlys. I am a constable; I took charge of the prisoner with a parcel; I asked him what he had got in the bundle, he said, he did not know; I told him, I would not detain him, if he gave a proper account of himself, he said, he had brought it from Rotherhithe; I asked him from what shop, and who gave it to him, and he said, he did not know who gave it him, it was a strange man in the street; I asked him what he had to bring it to town, he said, one shilling; I found the cloth in a doubled up state, in such a way as I thought no man who belonged to it would have doubled it up. (Produces the cloth.)

Mr. Knapp. Q. He was very drunk, was not he? - A. He was drunk apparently.

JAMES VELVIN sworn. - Examined by Mr. Knowlys. I am clerk to John Yarbury , junior, and Joseph Horier , clothier s, at Bradford, in Wiltshire; I sent a package to Mr. Grobety, containing one piece and four ends.

Q. Look at that, and see if that is part of the cloth that you sent? - A. I cannot say, I am not the dresser.

- GARDINER sworn. - Examined by Mr. Knowlys. I am a cloth-dresser, employed by Messrs. Yarbury and Horier.

Q. Look at that piece of cloth, and tell me if you know it? - A. I can swear to this cloth by the number and the mark, here is the mark in the list, that I cut with a knife.

Q. Look and see if the manufacturing mark has been cut off? - A. Yes, it has; there was one place where there was the wool rubbed off, and my employer ordered me to take a bit from another part, and apply it to the rubbed part, which I did, and by that I can swear to it.

Q. (To Grobety). Q. Did you receive a letter, containing an account of the numbers of the different pieces? - A. Yes.

Q. Shew it to the last witness, Mr. Velvin? - A. Here is the invoice which I received with the goods.

Veloin. Q. This letter is my writing, but it only says, one piece and four ends, the number is not in the invoice.

The prisoner Hughes left his defence to his counsel.

Mannerley's defence. Robert Bird has taken a very false oath.

The prisoner Hughes called one, and Mannerley three witnesses, who gave them a good character.

Hughes, GUILTY , aged 39.

Mannerley, GUILTY , aged 40.

Transported for seven years .

First Middlesex Jury, before Lord Kenyon.

Reference Number: t18010415-35

328. JOHN BOON was indicted for breaking and entering the dwelling-house of Thomas Nicholson , about the hour of two in the night, of the 23d of March , with intent the goods therein, burglariously to steal .

There being no evidence to prove that the windows had been fastened the preceding night, the prisoner was

ACQUITTED .

First Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-36

329. ANN CROOKS was indicted for privately stealing from the person of Daniel Keates , on the 19th of March , a Bank-note, value 10l. his property .

The prosecutor was called, but not appearing, his recognizance was ordered to be estreated .

NOT GUILTY.

First Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-37

330. SAMUEL CANNON was indicted for feloniously stealing, on the 29th of March , ninety-

eight pounds weight of iron, value 8s. the property of certain persons to the Jurors unknown .

It appeared in evidence, that the property was found upon the prisoner, but there being no evidence to prove that it was stolen, be was ACQUITTED .

First Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-38

331. RICHARD HARNELL, alias LITTLE DICK , was indicted for that he, on the 13th of May, in the 32d year of his Majesly's reign , near Sisewell, in the country of Suffolk , ten guns loaded with gunpowder and leaden bullets, in a certain boat upon the sea, did shoot at another boat belonging to the Excise of our Lord the King , within the limits of the port of Southwold, in the said country , against the form of the statute, &c.

There were five other Counts, varying the manner of stating the charge.

There not being sufficient evidence to bring the charge alone to the prisoner, he was ACQUITTED .

Second Middlesex, Jury, before The Lord Chief Baron.

Reference Number: t18010415-39

332. RICHARD HARNELL, otherwise LITTLE DICK , was again indicted for obstructing, on the 31st of July, in the 37th year of his Majesty's reign , Godfrey Burdett , and officer of the Excise ; and Orris Gooch , an officer of the Customs ; being on shore in the due execution of their respective offices, in seizing and securing five hundred gallons of foreign geneva, liable to be seized by them .

(The indictment was stated by Mr. Jackson, and the case opened by Mr. Attorney General).

GODFREY BURDETT sworn. - Examined by Mr. Fielding. I am an Excise-officer, at Yoxford: On the 31st of July, 1797. I went to a place called the Cross-bow, between Yoxford and Wangford , we had intelligence of a parcel of smugglers; Mr. Gooch and I met with them in the afternoon, coming off Lowestoffe Beach, there appeared to be seven or eight carts, and twenty or thirty men, that was between one and three o'clock in the morning; the carts came off the beach on to the turnpike road; I rode up, and found them loaded with half ankers; Mr. Gooch and I rode in amongst them, and cut off three carts; I struck at a man with a white stick, and struck it out of his hand; a man upon a cart immediately struck at me; I returned the blow, and struck him off the cart; I did not know any one them; we tracked the carts to Lord Rous's Park.

Q. That was the first seizure; be so good as come to the second? - A. Before we got to Lord Rous's Park the prisoner passed us in a cart; I am sure of his person, I knew him very well; he had been sent back with one of the carts, and when I saw him he had got the cutter's men in the cart; he called us b-rs; we went up to Lord Rous's Lodge, and let them pass us, they were huzzaing; we went on, and in Lord Rous's Park we found to the number of sixty or seventy half ankers, I counted thirty in one lot; Mr. Gooch immediately went off for a waggon to convey them away, and while he was gone, I saw the smuggling carts coming from the White-hart, at Blithborough; I ordered one of the waggons that we had hired, to bring the half ankers out of the wood; we slaved a half anker, we knocked the head in, on purpose to taste it, it was foreign geneva; I told him I should seize that tub, and the rest of the tubs that were in the wood; I ordered my men to load the waggon, and when we had got about twenty half ankers in the waggon, the smugglers appeared upon the hill, in five carts they were about two hundred yards from us when I first saw them; when they saw us they huzzaed, d-d their eyes, and said they were glad to see us; I asked them what they wanted; the prisoner replied that he wanted to go past, he said the King's highway was as free for them as for us; he then said, d-n your eyes we want the tubs, and the tubs we will have; they immediately surrounded us, and blocked us in between the waggon and the pales, and their carts; Dick then jumped down off the cart, and said, d-n their eyes they are fixed; we charged them with our swords, and then we forced out between the carts, and we left the tubs behind; I told them they had got the tubs, but if they offered to move them I would fire at them; one of the sailors, with a straw hat on, came immediately up to me, and said, d-n your eyes shoot; he unbuttoned to his shirt, and said, here is a breast to shoot at; we then fired at them several times, and they retreated; they then charged us with pitchforks, and bludgeons, up the hill, and stoned us till we got loaded again, and then we drove them back again, and so we kept on for nearly half an hour; then they holloaed out that we should have twenty tubs; I then consulted Mr. Gooch, and we found we had only one cartridge a-piece left; then we said we would accept of twenty tubs; Little Dick's reply was, d-n your eyes we will not give you twenty; we then fired at them again, and then they agreed to give us twenty, and we carried them off; when we parted, he said to Mr. Gooch, d-n your eyes I will mark you; upon which I told him he would have to answer for the whole, for I knew him very well; I had seen him several times at Bawdsey, in Suffolk, he used to be along with a man that went by the name of Frenchman, I am sure that is the man; there were two foreigners in the party that could not speak a word of English, they assisted in picking up stones for them.

Cross-examined by Mr. Gurney. Q. Have you always been as certain as you are to day? - A. I am certain to the man now at the bar.

Q. Have you always been as certain? - A. I have been mistaken in a man.

Q. Have you not mistaken another man for him, as much unlike him as any man in Court? - A. I was once at his house, and they wanted to counterfeit Dick, and persuade me that another man was him.

Q. I am not asking you about any thing that passed at his house. - Did you never, at any other place, charge any other man with being the man that you now charge the prisoner to be? - A. When we were going to serve the summons, we overtook a Mr. Woolner, we understood that Dick went out of Saxmundham before us upon a black horse, this was a man upon a black horse; and Mr. Woods; who was with me, said, don't look at him, and I will serve him; I passed him, and Mr. Woods spoke to him; I then turned round, and immediately said it is not Dick.

Q. Did you not go with Woolner to a public-house, and keep him till the landlord told you who he was? - A. No.

Q. Do you know the house of Mrs. Buck, at Ash? - A. Yes.

Q. Did you not there mistake another man for Dick? - A. No; that was the time when they were counterfeiting another man for Dick.

Q. Were you never in the same room with him and did not know him? - A. Never, to the best of my knowledge; if he was he was in disguise.

Q. But if he had been in the same room with you, undisguised, you must have known him? - A. I suppose I must.

Mr. Fielding. Q. Did you ever see this man, and were you about to take him? - A. Yes; I met him last November, and he presented a serew barrelled pistol at me.

ORRIS GOOCH , sworn, Examined by Mr. Knowlys. I was with the last witness at Blithborough; I know the prisoner at the bar very well; I have known him ever since the year 1797; he came up in a cart, and there were a number of men in another cart; some had the appearance of landsmen, and some sailors; we had found the goods before they came up; we made a regular seizure of them; I am sure the prisoner was one of the men; he had a slop on; we had a scuffle for half an hour, and they rescued the goods from us; the prisoner was in one of the first carts that came up; three other carts came up upon us, and fixed us against the railing of Lord Rous's park, and he said, with an oath, "We have fixed you;" we drew our sabres, and forced our way out; I have not the least doubt that he is the man; I met him once since, going from Snape to Yoxford; but I had not the writ with me, and therefore I had no business with him.

Cross-examined by Mr. Gurney. Q. Having no doubt of him, you never can have been in his company without recognizing him? - A. I never was, except at Bow-street, to my knowledge.

Q. If you had seen him in a party of fourteen or fifteen people, and sat down and drank with him you must have known him again as you knew him so perfectly? - A. I don't know, they wear so many different dresses.

Q. Supposing he was not disguised, could you have been in his company for two hours together, and not have known him? - A. I should think not.

Q. Did you ever charge any other person with being the man? - A. No.

Q. Did you not stop some other person on the road and charge him with being the man? - A. No.

Q. Were you not with Burdett when he charged Woolner with being the man? - A. No; I came up after him, and heard him say, I beg your pardon, Sir; but what had passed before I don't know.

Q. Did you not take Woolner to a public-house? - A. No.

Mr. MAYOW sworn. - Examined by Mr. Attorney General. Q. You see the prisoner now, was he dressed in the same smart way when he was apprehended? - A. When I saw him at Bow-street, he was in a very dirty sailor's dress.

Mr. Gurney. Do you know how long he had been in custody? - A. No.

JOHN DIXON sworn. - I brought him to Newgate; he was dressed in a dirty blue jacket, as I took him from on board the ship.(Mr. Gurney addressed the Jury on behalf of the defendant.)

HARRIS THOMPSON sworn. - Examined by Mr. Gurney. I was an officer of Excise.

Q. Do you know Mr. Gooch? - A. Yes; he is an officer of the Customs, and Mr. Burdett is an officer of the Excise.

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

Q. Do you know whether they knew him or not? - A. I know they have not known him; one night Gooch and Burden called me up at my house, near Orford, in the county of Suffolk; I dressed myself, and came down; they asked me if I knew a man of the name of Little Dick; I told them, yes.

Q. Did you mean the prisoner? - A. Yes, that identical man; they said they wanted to take a man of the name of Little Dick, but they did not know him; I asked what they wanted, and they said there was a reward of fifty pounds from the Revenue to take him, because he was supposed to be of a party that rescued some goods; I told them I would assist in taking him, but they said positively they did not know him.

Cross-examined by Mr. Attorney-General. Q. For what fraud upon the Revenue were you dismissed from the office of Excise? - A. The Revenue were not defranded by me.

Q. I ask you what was the gross fraud for which

you were dismissed their service? - A. I received a fine of the Revenue, and did not return it in due time, but the Revenue had their part, and I lost mine.

Q. Perhaps you received twenty-five pounds, as a fine, which you ought to have accounted for, and which you did not account for? - A. They had their due.

Court. (To Burdett.) Q. Did you tell Thompson you did not know the person of Little Dick? - A. No, I did not.

Gooch. What he has said is perfectly false.(A hand-bill, offering a reward of fifty pounds, read.)

JOHN WOOLNER sworn. - Examined by Mr. Gurney. I am a farmer at Sternfield, in Suffolk, near Saxmundham.

Q. At the close of 1797, do you remember seeing Burdett and Gooch? - A. Yes, by Little Glenham; there was one man on horseback, and two in a cart; Burdett I think accosted me first.

Q. Are you sure of it? - A. Yes.

Q. Look at him? - A. That is the man.

Court. Q. Are you sure, or do you speak doubtfully? - A. This is the man, certainly; he jumped out of his cart, and seized the reins of my horse; he said, d-n you, I have taken you now; I said, I see you have, but I don't know what authority you can have for doing it; he said, yes, he had; he then said, I think your name is Harnell; I told him I could not think what he meant by stopping me; he said, I think your name is Little Dick; upon which I said, you are near enough; they looked at each other, and hesitated some time, and then said, I believe we are mistaken; they stopped me, I suppose, about five minutes; Gooch was with him.

Q. Did they let you go as soon as they found their mistake? - A. Yes.

Cross-examined by Mr. Attorney General. Q. How soon afterwards did you see Little Dick? - A. I never spoke to him in my life before.

Q. How soon was it that you saw him afterwards? - A. I dare say it was half a year before I saw him, to speak to him.

Q. Did not the third man, who was on horseback before those who were in the cart, say something to you, or do something? - A. No.

Q. Was there not a third person? - A. Yes.

Q. When was it? - A. The 3d of May.

Burdett. It was Bird that got out of the cart, as Gooch can certify, I did not get out of the cart at all; Gooch was on horseback.

Gooch. Burdett never got out of the cart at all.

JAMES SEAMAN sworn. - Examined by Mr. Gurney. I keep the Halberd public-house, at Ipswich: On the 20th of September, 1799, Harnell came to my house, about eleven o'clock in the forenoon, and stopped the whole day; and between seven and eight o'clock in the evening, Burdett and Gooch came in; Harnell was dressed in a coat very much like the one that he has on now, he was not at all disguised; I was smoaking my pipe with Harnell, when Burdett and Gooch came in; they sat within three or four feet of him, right opposite to him.

Q. Must they have seen him; therefore? - A. They must have seen him; they did not change any discourse with him.

Q. Did they say directly, you are Little Dick; you were guilty of obstruction us, or any thing of that sort? - A. NO.

Q. And you verily believe they did not know him? - A. They did not appear to know him.

Q. How long was he in your company? - A. An hour.

Mr. Attorney-General. (To Burdett.) Q. Were you at the house of that man on the 20th of September, 1799? - A. I was taking a man to jail, and I went to this man's house; I had a writ against a man that used his house, of the name of Edwards; I went in with Mr. Norman; I was not there five minutes; we had but one pint of beer, and we left some of that; Mr. Gooch was not with me then.

Q. Was there any person there in the dress of the prisoner at the bar? - A. I did not observe any such person; I afterwards did arrest Edwards at his house.

Q. Was Gooch ever with you at his house? - A. No.

Mr. Gurney. Q. You went there to look for somebody? - A. Yes.

Q. And therefore you looked at the faces of every body in the room? - A. Yes; I looked into all the rooms.

Gooch. I was there once about five minutes with Mr. Burdett, but that was in July; this house is notorious for the resort of smugglers; this gentleman is called the Telegraph. GUILTY

(Mr. Attorney-General addressed the Jury by way of reply.)

Confined to hard labour for three years on board the hulks .

(Harris Thompson was committed for perjury.)

Second Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-40

333. JOHN BROADWAY was indicted for feloniously stealing, on the 19th of March , two pounds eight ounces of wool, value 5s. the property of John Dyer and John Swaine .

(The case was opened by Mr. Knapp).

JOHN SWAINE sworn. - Examined by Mr. Knapp. I am a woolstapler in Gravel-lane , in partnership with John Dyer ; the prisoner had been my servant about ten weeks: On Thursday the 19th of March, a little after three o'clock in the afternoon, in consequence of information, I was watching at the warehouse door, when the prisoner came out; I went after him for two or three hundred yards

before he saw me; when he perceived me, be turned round, and met me; he appeared very much confused; I asked him where he was going, and he said something which I could not understand; I told him then to return to the warehouse, which he accordingly did; I then told him I was sorry to say I suspected he was robbing us; he said it was false; I told him, to convince me that he was not, to take off his coat and waistcoat; he refused to do it, and said, he had done nothing wrong; I told him I must be under the necessity of doing it myself; I drew up his apron, and the wool appeared in many parts of his breeches, through the breeches; he then said, let me alone, I will pull it out myself; however, I pulled out some of it, and he pulled out the rest, there was about a pound and three quarters of it; I then sent for a constable, and he was taken into custody.

Q. Was that the same sort and quality of wool that you had in your warehouse? - A. Yes; the constable searched him, and found three quarters of a pound more in the back part of his breeches and in his great coat pocket, exactly of the same sort of wool.

Q. Have you any doubt of its being your's? - A. No; I will swear to it.

Cross-examined by Mr. Gurney. Q. Other people may have the same sort of wool? - A. No; mine is a particular sort of wool.

Q. It is such wool as you never had before, or never will again, unless by a miracle? - A. I dare say we shall have such again.

Q. Do you mean to say that no other persons have not the same sort of wool? - A. It is what we call prime wool, from different sorts of sheep.

Q. South Down? - A. None South Downs; that makes me so perfectly sure.

Q. Was this wool drest, or undress? - A. Drest.

Q. Do you mean to say that the same man who drest that wool, had not drest wool for other persons? - A. Yes, I would.

Q. Who was that person? - A. The prisoner at the bar.

Q. Do you mean to say that the prisoner is the only person in the world who has the skill to dress wool in that way? - A. No; there are many men, I dare say, that dress wool in that way; this was a sort that no sorters ever send out in that way; it was all the best of the choice lot that goes into the Prime, that makes me so positive.

Q. Will you swear that he never dressed any wool for himself? - A. No.

Q. How do you know? - A. I should suppose not.

Q. Have you access to other woolstaplers? - A. Yes, a great many; and we can hardly find any sorts that are just like ours.

Q. Any body with whom he worked before would dress like him? - A. Very likely.

Q. Can you venture to swear that on that day there was any deficiency? - A. No, I cannot.

- DAVIES sworn. - I am a constable, (produces the wool); I took it from the breeches of the prisoner.

Mr. Swaine. This is the sort of wool that I lost.

JOHN ORAM sworn. - Examined by Mr. Knapp. I am foreman to Messrs. Swaine and Dyer; I saw the wool taken from the prisoner.

Q. Tell us, if you believe that wool to be the property of your master? - A. Yes, I do.

Prisoner's defence. I never took a lock of wool from Mr. Swaine in my life; I picked this up, and meant to dress it for myself.

GUILTY , aged 40.

Confined six months in Newgate , and fined 1s.

London Jury, before Mr. Recorder.

Reference Number: t18010415-41

334. JONATHAN BROUGH was indicted for feloniously stealing, on the 29th of April , 1800, a Bank-note, value 10l. the property of Thomas Wood .

THOMAS WOOD sworn. - I keep the Falcon wine-vaults in Fetter-lane : On the 29th of April last, a porter came to me, and asked me for change for a ten-pound Bank-note, the porter's name is Richard Blundell ; I wrote upon the note the gentleman's name from whom he said he came - Mr. Donovan, Serjeant's-inn, 29th April, 1800; I put it down upon the counter, the prisoner was by at the time; the prisoner desired to go up stairs to see a young man who was ill; I opened the flap of the counter, and he went up stairs; I went up with him, desiring a young woman to mind the shop, and take care of the note; when we came down, I opened the slap of the counter to let him out; he came close by the place where the note was lying, and went away; I turned round to look for the note, and it was gone; I looked about to see if it had been blown off the table, but I could not find it; I then went to the prisoner at the bar, No. 6, in Clifford's-inn; I asked him if he had seen any thing of a ten pound note; he said no, he had not; I said, I have lost it; I then went to the Temple to find the porter, to whom I had given the cash; I asked him if he knew the date or number of the note; he said he did not; I then went to Mr. Donovan, and he told me: On the 2d of May following, I went to the Bank, and gave notice of the number and date; after it came back to the Bank, I went to the Bank, and gave the value for the note. On the 16th of August, I received it from the Cashier's office; I then traced the note; I observed the prisoner's name upon it.

Q. Did you know that to be the note which was upon your counter? - A. Yes, I did; there was my own hand-writing upon it; I have had the note ever since; I got it from the Bank. (Produces it.)

Cross examined by Mr. Alley. Q. The date appears to be written with a different ink from that of the name of Donovan? - A. I wrote them both at the same time.

Q. Where is Mr. Donovan now, do you know? - A. No.

Q. Were you in the habit of changing notes for him? - A. No.

Q. You were in habits of intimacy with the prisoner? - A. Yes; he used to come backwards and forwards.

Q. You had seen the prisoner frequently after, before you discovered the note? - A. He used my house for about a fortnight after.

Q. You have met him by accident since that time? - A. Yes, about a month ago, I met him in Fleet-market.

Q. And he went very readily with you before the Lord-Mayor? - A. Yes.

RICHARD BLUNDELL sworn. - I am a porter, belonging to the Inner-Temple: On the 29th of April last, Mr. Donovan gave me a note to get change for him; he, at that time, lived in Serjeanr's-inn, he was with Counsellor Bedford, I asked Mr. Wood to give me chage for it; he took the note up, looked at it, and laid it on the counter; Mr. Wood wrote upon it Mr. Donovan's name, and the date of the year.

Q. Should you know it again from that mark? - A. Yes; Mr. Wood laid it on the table, and said, he laid it there to dry before he booked it; the prisoner was there, and said he could reach the note; I said he must have a longer arm than I then; after that, he wanted to go up stairs to see a brother or a nephew of Mr. Wood's that was ill; he did not go up stairs while I was there; I took the money to Mr. Donovan.

ANN BRINDLEY sworn. - I am servant to Mr. Wood: On the 29th of April, I saw Mr. Wood give cash for a ten-pound note; he went up stairs, and desired me to take care of the shop and the note; the prisoner went up stairs with Mr. Wood; I am sure no one person had been in during the time they were up stairs.

Cross-examined by Mr. Alley. Q. You don't know that it was the 29th of April, but from what your master told you? - A. I am sure it was that day; I cannot tell what day of the week it was.

Q. Was it not from your having seen it written upon the note, after it was discovered, that you knew it was the 29th of April? - A. No; I know it from recollection.

JOHN FLEET sworn. - I am clerk to Messrs. North, Hoare, Nanson, and Simpson, grocers in Fleet-street; in the month of August last, Mr. Wood came to our house to enquire of whom we had taken a ten-pound note, which he then produced; the note was examined, and it appeared that I had taken it of the prisoner at the bar, on the 29th of April last; I particularly remembered, and do now remember, the prisoner coming to our house; I knew him personally, but did not recollect his name; he came in the forenoon; I asked him his name, and where of, meaning of what place; he told me his name, which I wrote upon it - Mr. Brough, of the Leverian Museum, Blackfriars-bridge; after he was gone, I recollect writing the word "over," over Blackfriars-bridge; I think he said, near Blackfriars-bridge; this is the same note.

Cross-examined by Mr. Alley. Q. You conceived him to be a respectable person, and therefore you readily took it? - A. Yes.

Q. I observe you have not put the day that you received it, upon the note? - A. Yes, I have.

Q. I do not see it? - A. Yes, there is 29. 4, which signifies the 29th of the 4th month.

Mr. Alley. (To Wood). Q. What time in the day did you lose your note? - A. About nine o'clock in the morning.

The prisoner left his defence to his counsel, and called three witnesses, who gave him a good character. GUILTY , aged 60.

Transported for seven years .

London Jury, before Mr. Recorder.

Reference Number: t18010415-42

335. WILLIAM MASON was indicted for feloniously stealing, on the 8th of April , a sheet, value 6s. the property of Joseph Osbaldiston and Richard Jones .

SAMUEL OSBALDISTON sworn. My father, Joseph Osbaldiston , is a Manchester warehouseman , in partnership with Richard Jones ; My father lives at Manchester: On Wednesday, the 8th of April, we lost a sheet from the passage of the warehouse in Lawrence-lane ; I heard a rustling in the passage among some straw, I went out, and saw the prisoner with a bag, and something in it; I missed the sheet, and immediately charged the prisoner with taking it; he did not deny it, but immediately took it out of his bag; he said he did not mean to take it away without seeing somebody; I then sent for a constable.

Q. How far had he removed it? - A. A few yards.

Q. Was he in a direction of going into the warehouse, or coming from it? - A. When I came out of the warehouse door, he faced me; he was standing still, with the bag in his hand; he put his other hand to his hat, and muttered something indistinctly, which I did not understand.( John Turner , the constable, produced the sheet, which was identified by the first witness.)

The prisoner being called upon foe his defence, left it to the mercy of the Court.

GUILTY , aged 59. - Confined six months in Newgate , and publicly whipped .

London Jury, before Mr. Recorder.

Reference Number: t18010415-43

336. JAMES ROBERTS was indicted for feloniously stealing, on the 20th of March , a tray, value 6d. and twenty-seven gold rings, value 5l. the property of Gabriel Aughtie .

THOMAS FOOTMAN sworn. - I am servant to Mr. Gabriel Aughtie , No. 118 and 56, Cheapside : On Friday, the 20th of March, about nine o'clock in the evening, the prisoner came to purchase a wedding-ring, which we do not keep at No. 118; I sent a little boy to No. 56, to fetch some; they were brought over by another lad; the prisoner gave me a small bit of thread, or silk, and said, that was the size, he wanted; I shewed him one about the size, and told him it was nine shil shillings; he said, he was poor man, could I not abate something; I took it into my hand to look at it again, and he snatched the tray off the counter, containing twenty-seven rings; I caught at him, but I being behind the counter, could not reach him; I jumped over the counter, and sent the boy after him; he holloaed out, stop thief, and the prisoner was brought back within five minutes; I am sure he is the same person.

WILLIAM WHALEY sworn. - I live with Mr. Aughtie, in Cheapside; I saw the prisoner in the shop on the 20th of March; when he ran out of the shop, I went after him, and called, stop thief; I lost sight of him for short time; a young man took him in Mitre-court, with tray upon him, without any rings, his name is Cripps; we found fifteen rings at the top of Milk-street.

- CRIPPS sworn. - I heard the cry of stop thief, I stopped the prisoner in Mitre-court, leading out of Milk-street into Wood-street, he had the tray upon him; when I caught hold of him, he struck me several times, he desired me to take the tray and rings, and let him go; I took the tray from him, but it was empty; I gave it to Whaley, and took the prisoner back to Mr. Aughtie's shop.

Whaley. I gave the tray to Footman.

Footman. This is the tray, and these are the rings, but I cannot swear to the rings, there is no mark upon them, I can swear to the tray.

MATHEW BROAD sworn. - I took the prisoner into custody, that is all know of it.

Prisoner's defence. I was going through Milk-street, Cheapside; I kicked something before me, and picked up this tray; in less than three or four minutes I heard the cry of stop thief, and this young man stopped me; I am innocent of it.

The prisoner called there witnesses, who gave him a good character. GUILTY , aged 19.

Transported for seven years .

London Jury, before Mr. Recorder.

Reference Number: t18010415-44

337. JOHN CARTER was indicted for feloniously stealing, on the 6th of April , a deal board, value 6s. the property of John M'Neal .

JOHN M'NEAL sworn. - I am a carpenter , and live at No. 1, Two Swan-yard, Bishopsgate-street : On Monday morning, the 6th of April, a little before six o'clock, in consequence of information I had received, I stopped the prisoner, he had worked for me nearly a month; I asked him what he wanted for the job he was at work at; he told me he wanted some hinges, some bolts, and some screws; I then told him he must go to the Compter, and he begged I would be merciful; I found my deal at a Jew's, in Duke's place, the same morning, before seven o'clock; the Jew would not deliver the deal till I told him of a mark that I had put upon it, in consequence of having lost deals before; he then said, he hoped I would prosecute the man.

EMANUEL SAUNDERS sworn. - I live in King's-street, Duke's-place, I am a baker; I employed the prisoner to mend my cellar-stairs; he is a jobbing carpenter, and had worked in the neighbourhood many years; Last Monday morning, between five and six o'clock, he brought a deal, and said, he was coming to do the job in about an hour; after that I went out, and when I came back, this gentleman had taken the deal away.

JOHN JACK sworn. - I am a labourer; I saw the prisoner come to Mr. M'Neal's yard, and pick out a deal; seeing him so early as five o'clock in the morning, I thought he was only robbing his master, and I knocked him up, and told him of it; the prisoner came again aout six o'clock, and his master told him he should go to the poultry Compter; he said, what for, and his master said, for the job he had been doing that morning; he then begged for mercy, and said, he would tell him where the deal was.

Prisoner's defence. Mr. M'Neal said, if I would bring the deal back, he would not hurt a hair of my head, and his son told me so over and over again. GUILTY , aged 44.

Whipped in the jail and discharged.

London Jury, before Mr. Recorder.

Reference Number: t18010415-45

338. JOHN WILLIAMS was indicted for feloniously stealing, on the 10th of April , a coat, value 2s. 6d. and a jacket, value 2s. 6d. the property of John Groser .

JOHN GROSER sworn. - I am a hair-dresser , No.2, Cross Keys Inn-yard, Gracechurch-street : On the 10th of April, as I was going home, I observed the prisoner at the bar coming out at my door, with a coat and jacket under his arm; I secured him with the property under his arm.

The prisoner did not say any thing in his defence.

GUILTY , aged 15.

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

London Jury, before Mr. Recorder.

Reference Number: t18010415-46

339. SARAH JOBBER, otherwise JONES , SARAH JOHNSON , and WILLIAM RANDALL , were indicted, the two first for feloniously stealing, on the 7th of April , a silver watch, value 30s. a steel chain, value 6d. a metal seal, value 6d. a metal key, value 1d. a blue cloth coat, value 7s. a nankeen waistcoat, value 1s. a pair of nankeen breeches, value 2s. a pair of cotton stockings, value 1s. a pair of shoes, value 2s. a paper snuff-box, value 1d. two neck handkerchief, value 2s. and a pen-knife, value 6d. the property of Thomas Robjent , and the other for receiving part of the same goods knowing them to have been stolen .

THOMAS ROBJENT sworn. - I live at No. 17, Cooke's-row, Pancras: On Tuesday, the 7th of April, I was in liquor, and met the two women at the bar in Tottenham-court-road; I was going towards Somers Town, and they told me they were going that way too; then we went into a public-house, and drank for a couple of hours, and then they asked me to go home to their house and they would make some tea for me; I went with them to No. 20, Chapel-path, Somers-town ; the prisoner Jobber stripped herself and went to bed; that was about five o'clock in the afternoon; then I went to bed with her, and being in liquor, I was soon asleep; when I awoke, I found myself stripped, all my cloaths were gone; Sarah Johnson was lighting the fire to make the tea when I went to bed; Jobber appeared to be the mistress; I went up stairs, and made known to the people in the house that I was stripped, but they said they did not know who they were, they had been there so short a time; I was obliged to walk home naked, they lest me nothing but my hat and a flannel waistcoat.

Q. How far had you to walk home? - A. Half a mile; it was almost dark, not quite; I went home and put on some cloaths; I then went over to the Elephant and Castle, at Pancras; I could not find the girls, and then I went home to bed; the next morning, about eleven o'clock, I saw them at Bow-street, with the property.

- Wadmare, a pawnbroker in Tottenham-court-road, produced a coat, waistcoat, a pair of breeches. and shoes, which he had taken in of the prisoner Jobber.

HENRY CROCKER sworn. - I am one of the conductors of a party of patrol of Bow-street; I went in search of Jobber; I found her and the prisoner Randall together, he is a watchman on the Hampstead road; that was between eight and nine o'clock; I challenged her with the watch, she said she had none, nor knew of no such thing; I immediately took them to a public-house; Randall gave me the watch; I afterwards found Johnson locked up in Randall's watch-box; I found upon Jobber a pair of stockings, a snuff-box, and two neck-handkerchiefs; upon Johnson I found nothing but a pen-knife. (Produces them.)( - Williams, one of the patrol, confirmed the evidence of Crocker.)(The property was identified by the prosecutor.)

Jobber's defene. This man went home with me, and was to give me half a guinea to sleep with him, and after he was in bed, be said he had no money, but that he lodged only next door to me, and that he would stay in bed till after dark, and then he would step home and get some money.

Jobnson's defence. I know nothing at all about it.

Randall's defence. This woman, Jobber, was very much in liquor; she came to me and gave me the watch to take care of till she was in a situation to take care of it herself; I did not know it was stolen.

Crocker. Jobber was very much in liquor; Randall gave me the watch the moment I challenged him with it; he told me Jobber had given it to him as a free gift.

Jobber, GUILTY , aged 29.

Transported for seven years .

Johnson, NOT GUILTY .

Randall, NOT GUILTY .

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18010415-47

240. RICHARD WATKINS was indicted for feloniously stealing, on the 31st of December , 40lb. of colours, called mineral greens, value 4l. the property of John Berger .

(The case was opened by Mr. Knapp.)

JOHN BERGER sworn. - Examined by Mr. Knapp. I am a manufacturer of colours ; the prisoner had been my servant about four months; I missed the property stated in the indictment, and a great deal more.

SOLOMON DAVIS sworn - Examined by Mr. Knapp. Lazarus Jacobs brought me some colours, which I carried to Mr. Leurson, who agreed with me for them, on the 30th of January.

Q. You were afterwards taken up? - A. Yes

JOSEPH LEURSON sworn. - Examined by Mr. Knapp. I am a colour maker; Davis brought me some colours on the 13th of January, in two paper bags, rolled up in a cloth, which I agreed with him for, but I did not pay him, because it was not according to the sample, and I thought they were stolen; Mr. Berger came to my house, and I shewed him the colours, which he claimed. (Produces them.)

(To Berger.) Q. Look at those colours? - A. As God in Heaven is above us, these are my greens.

Mr. Watson.(To Leurson.) Q. These were damaged goods, were they not? - A. I cannot say they are damaged.

Q. When they were produced before the Magistrate, were they in papers as they are now? -No; they were in a firkin.

Q. How came they to be sorted into this variety

of parcels? - A. That was done Yesterday, by Mr. Berger and myself.

Q. Did Davis tell you where he got them from? - A. He said first, he came from Croydon; and another time he told me he had them from a gentleman in the King's-Bench.

LAZARUS JACOBS sworn. - Examined by Mr. Knapp. On the 8th of February, the prisoner came to my house with some colours, and asked me if I would buy them; I told him I was no judge of colours; Davis came past my house and I gave them to him to sell by commission; the prisoner said he was the maker of them, and I asked him if they were his own property; he said they were his own, that he was the maker; I cannot swear that these are the same colours, they are the same sort of colours.

WILLIAM NELSON sworn. - Examined by Mr. Knapp. I deal in wood: I was at Jacobs's when the prisoner came; he said the colours were his own, that he made them himself, and that he lived in White-house-lane. Whitechapel.

Q. (To Berger.) Where is your house? - A. In Back-lane, St. George's int he East; the prisoner lived in Union-street, close by me.

PETER MASON Sworn. - Examined by Mr. Knapp. I searched the prisoner's house in Union-street, close to the prosecutor's; I found a box and an adze, marked with nearly the same colour.

Mr. Watson. (To Berger.) Q. Don't you know that another man of your's lived in the same house? - A. The prisoner said so.

Q. Had you not a man of the name of John that worked for you? - A. Yes.

Q. Did he not lodge in the same house? - A. I don't think he lodged there when Watkins did.

Q. Has he not gone out of the way? - A. Yes.

Q. Have you not been into the jail to see the prisoner? - A. Yes; he sent for me to open his heart, and when I got there he had nothing to say.

Q. Did not you tell him you could not swear to the colours? - A. No, I did not.

Prisoner's defence. A man of the name of John, who worked for Mr. Berger, lived in the house, and I found them there; Mr. Berger came into the jail, and said, before one of the turnkeys, that he could not swear to the colours.

Court. (To Berger.) Q. Is that true? - A. No, it is not. NOT GUILTY .

Second Middlesex Jury, before Lord Kenyon.

Reference Number: t18010415-48

341. WILLIAM READ was indicted for that he, on the 23d of March , fifty pounds weight of lead, value 10s. belonging to our Lord the King , fixed to a certain building called a privy, being part of a certain dwelling-house of our Lord the King, called Chelsea Hospital , did cut, and rip, with intent to steal .

Second Count. Charging with feloniously stealing the same lead.(The case was opened by Mr. Knowlys.)

HENRY RUTHERFORD sworn. - Examined by Mr. Knowlys. I am servant to the head gardener of Chelsea College: On the evening of the 23d of March last, about half past seven o'clock, I saw the prisoner upon the roof of the privy belonging to the College; I called to him, and asked him what he was doing there, and he said he was after a whore; my brother came and assisted me in securing him; I afterwards went up stairs and saw two pieces of lead cut off, and laid by the side of the coping, it appeared to be fresh cut; there was fifty pounds weight of it.

WALTER RUTHERFORD sworn. - Examined by Mr. Knowlys. I heard an alarm given by the servant maid of the house, I came out, and found the prisoner within twenty yards of where the lead was lying; I assisted my brother in securing him, and took him to the guard-house; I then came back, and went upon the top of the privy; the place where the lead had been cut from was quite dry, whereas there had been rain that evening, about six o'clock, and all the rest was wet; we found the lead rolled up, and thrown upon the coping of the privy; it appeared to be fresh cut, the edges were quite bright.

Prisoner. Q. Were there any instruments found upon me? - A. No; and you told me I could not hurt you.

THOMAS WALMSLEY sworn. - Examined by Mr. Knowlys. I am deputy clerk of the Works: I unrolled the lead and laid it on the roof of the privy, it exactly fitted.

Prisoner's defence. I was going through Chelsea College and they laid hold of me; I know nothing at all of the lead. GUILTY , aged 60.

Transported for seven years .

Second Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-49

342. JAMES HICKMAN, alias FOSSETT , and JAMES FIELD , were indicted for feloniously stealing, on the 27th of February , one hundred and seventy pounds weight of tea, value 40l. the property of John Johnson , and Robert Thorley .

Second Count. Charging it to be the property of John Mason .

Third Count Charging it to be the property of Thomas Pickford , James Pickford , Matthew Pickford , Jonathan Higginson , James Vaux , John, Vaux , and Thomas Vaux .

Fourth Count. Charging it to be the property of John King .

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

THOMAS WEATHERALL sworn. - Examined by Mr. Knapp. I am clerk to Hugh, and John Johnson : On the 22st of February, two chests of tea, congou and souchong, were sent to the Castle Inn, Wood-street , to go by the Liverpool waggon; the

carman who took them to the inn is not here; the chests were marked with a crow-foot.

GEORGE DRINKWATER sworn. - Examined by Mr. Knapp. I put the marks on this chest, the King's number, 17265, the merchant's number, 5, and the merchant's mark, called crow-foot; Messrs. Johnson and Co. sent me directions to put No. 95 upon this chest, and I put it on; as to the other, I don't know what the mark is; I afterwards saw the same chest at the Castle Inn, and I am certain it is the same chest.

JOHN MEKIN sworn. - Examined by Mr. Knapp. I am a porter at the Castle Inn, Wood-street: On the 27th of February I received a great many chests of tea; we loaded one waggon, for Liverpool, entirely with these chests, there were more chests than the waggon would contain; I cannot say whether they all went off that day or not.

JOHN ALCOCK sworn. - Examined by Mr. Knapp. I am an inn-keeper, at Dancer's-hill, in the county of Middlesex: On the 27th of February, when the waggon came to my house, about two o'clock in the day, it was all right; it was a narrow wheeled waggon, with five horses, it contained two ton; about nine o'clock at night, I received intelligence that the waggon had been robbed; I went to look at the waggon, and I observed the ropes cut, I had seen it about a quarter of an hour before, and then it was perfectly safe; the waggon was robbed at my house, it stopped there till Sunday; the ropes were cut, and the sheet let down; I looked into the waggon, and saw a space where the chests would have come out; in consequence of that, I went in pursuit o f the thieves; there was some straw removed in the waggon, and I tracked the straw down a lane that led to Mobs-hole, about half a mile from my house, and there I found a mare and a cart, and in the cart two chests of tea; we brought the tea back, and the next day took the horse and cart to Bow-street; about half an hour after we had brought the chests back, I saw the prisoner, Hickman, and another man, go past my house, I had never seen them before, it was a moon-light night; we pursued them, and took them; the person that was with Hickman, said they had come from St. Alban's that they had been there to meet a drove of sheep, and stopped at a house at South Mims; I set off to enquire at South Mims, and while I was gone the other man ran away.

Cross-examined by Mr. Bevil. Q. Was it Hickman or the other man that said he came from St. Alban's? - A. It was Hickman; and the other said he had come from the Trumpet, ast St. Alban's.

ROGER CUTLER sworn. - Examined by Mr. Knapp. I am a farmer; I went in pursuit of the thieves, I stopped the cart in the lane, leading to Mob's-hole, it was going on, it is a by-way round to Barnel; there was nobody with the cart; I was present when they were taken; on of them struck at the man who held him, and got off and ran away.

JOHN CROSS sworn. - Examined by Mr. Knapp. I am clerk, at the Castle-inn, Wood street, (refers to his book and reads) 95, Ridgeway and Co. Liverpool; there are seventeen chests of that entry, marked with a crow-soot, but only one 95; it was delivered to Mr. Pickford, one of the proprietors of the waggon.

( John Trotman confirmed the evidence of Alcock and Culler, and deposed that he was with Field about fifteen minutes, that be knew him again immediately, at Bow-street: that he had on a white Bath great-coat, with a white velvet collar, which was produced at Bow-street, and that be is sure of his person.)

GEORGE OFFTIE sworn. - Examined by Mr. Knapp. I keep the turnpike-gate, Back-lane, Islington: On the 27th of February, Hickman went through the gate on horseback, between four and five in the afternoon, towards St. Alban's; there were two people in a chaise-cart went through just before him; there is a cart in the yard like it, but I cannot swear that it is the same.

Mr. Bevil. Q. A great many carts of the same sort go through your gate? - A. Yes.

THOMAS MORRIS sworn. - Examined by Mr. Knapp. I am a soldier in the first regiment of Tower-Hamlet militia; On the 27th of February, I saw the two prisoners between six and seven o'clock; Field had a Bath great-coat, with a white velvet collar, at the White-lion, Finchley-common; Field and another man came in a chaise-cart, Hickman rode upon a saddle-horse, the cart was about a minute before him, they stopped there about three quarters of an hour; I did not see any name upon the cart, it had a remarkable high front board, I saw it within these two minutes in the yard, I am certain it is the same; I had never seen the prisoners before; but what made me take particular notice of them was, that Field was flashing about the house with a whip in his hand, whipping the landlord's dogs; Field drove the cart.

- RUTHVEN sworn. - Examined by Mr. Knapp. I apprehended Field on the 9th of March, at the Bleeding Heart, in Parker's-lane, Drury-lane, I knew him before; he asked what we wanted him for; says he, I suppose it is about that b-y horse and cart; he had this great coat on at the time, which being a particular one, we took off from him. (Produces it.)

Morris. I believe this to be the same coat.

Trotman. I have no doubt it is the same.

RICHARD LIMBRICK sworn. - Examined by Mr. Knapp. I have the possession of the horse and cart, I received it from the country people; I have known Field about nine years; I know it to be his cart.

WILLIAM CLARKE sworn. - Examined by Mr. Knapp. I am book-keeper at the Castle Inn.

Q. Who was the person employed to drive the waggon ? - A. John King ; the proprietor s are, Thomas Pickford , James Pickford , Matthew Pickford , Jonathan Higginson , John Vaux , James Vaux , and Thomas Vaux . (the chests produced).

Drinkwater. This is the chest that I marked. the cart in the lane; I put my mark upon it.

The prisoner Hickman left his defence to his Counsel.

Field's defence. I had fold my cart to one John Rhodes, in Smithfield market.

Hickman, GUILTY , aged 28.

Field, GUILTY , aged 30.

Transported for seven years .[The prisoner Hickman was afterwards convicted of sheep-stealing, and received sentence of death.]

Second Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-50

343. SAMUEL PUGH was indicted for breaking and entering the dwelling-house of Thomas Ribald , Stephen Hall , John Field , Nathaniel Field , the Rev. George Ford , William Sims , Daniel Goddard , James Mascall , Samuel Brewer , William Hallers , William Tyler , and James Edmonstone , about the hour of three in the night of the 31st of March , and burglariously stealing a dial clock, value 20s. two bound books, called Bibles, value 2s. and five yards of woollen cloth, value 5s. the property of the said persons .

Second Count. Charging it to be the dwelling-house and the property of Richard Ellwood .

(The case was opened by Mr. Gurney).

RICHARD ELLWOOD sworn. - Examined by Mr. Gurney. I am one of the pew-openers at Mr. Ford's meeting, at Stepney ; I live under the same roof; there is a communication from my apartment to the gallery.

Q. On the night of the 31st of March, did you take any particular notice whether the evening before the windows were broke? - A. I believe all was safe, but I cannot speak positively; about three o'clock in the morning I was disturbed by three or four watchmen ringing the bell; I got up and went into the gallery, and missed the dial; I then went into the meeting, and missed a woolen cloth, and several books.

Court. Q. The communion table-cloth? - A. Yes; every thing in the meeting was under my charge.

JOHN SHELDON sworn. - Examined by Mr. Gurney. I am servant to Mr. Bingess, a cowkeeper, at Stepney, about a furlong from the meeting; I heard a noise, I looked out at the window, and saw three men come with parcels upon their backs, and deposit them in a little shed upon my master's premises; they came the back way from the meeting-house; as soon as they were gone, I went out, and found books wrapped up in a woolen cloth, and a parcel tied up in a handkerchief; I then alarmed the watchman, and came again to the spot.

Q. Did you make any observation of their persons? - A. Yes; I knew the prisoner perfectly well, it was a moonlight night; when I came back to the spot, I observed the things still there; I then went for some more watchmen, and when I came back, I found the prisoner in custody, I am certain he is the man; he was dressed in soldier's clothes, and had a light-coloured coat over his regimentals; I assisted in taking him to the watch-house.

Court. (To Ellwood.) Q. Did you observe how they got in? - A. They got in at the casementwindow of the meeting-house, by breaking it off.

RICHARD MORGAN sworn. - Examined by Mr. Gurney. I am high constable of Stepney district.(Produces the property.)

Ellwood. This dial, and all these things, were under my care; I know them perfectly well.

Prisoner's defence. I had been to my mother's, and as I was coming home, I was stopped by the watchman; I known nothing of it.

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

Transported for seven years .

Second Middlesex Jury, before Lord Kenyon.

Reference Number: t18010415-51

344. THOMAS TIT was indicted for breaking and entering the dwelling-house of William Summers , about the hour of nine in the night of the 26th of March , with intent to steal, and burglariously stealing a cotton gown, value 4s. a silk cloak, value 5s. a pair of pockets, value 6d. and a handkerchief, value 4d. the property of Ann Dell .

ANN DELL sworn. - I live in Quebec-street : On the 26th of March I lost the articles stated in the indictment; My gown I lost lying on the bed, the rest were in a box; I saw them again before the Justice; the garret window had not been shut down.

THOMAS BRAYNE sworn. - I live next door to the last witness: In consequence of a report that there were thieves upon the tops of the houses, I went to search, and found the prisoner upon the top of an adjoining house, sitting upon the property, it is an unfinished house, I told him, if he moved hand or foot, I would blow his brains out; I did not understand what he said, but I sent my wife for a neighbour to come up stairs; he came, and I brought the prisoner in at the garret window; I then fetched the property, and likewise an iron crow, which was lying by it; he told me to fetch his coat and hat, which I did, from the unfinished house; I sent for the prosecutrix, and she claimed the property.

( George Mapsom confirmed the evidence of the last witness).(The bundle was produced, and the articles identified by Dell).

The prisoner did not say any thing in his defence - GUILTY of stealing the goods, but not of breaking and entering the dwelling-house .

Transported for seven years .

Second Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-52

345. JOHN-WILLIAM BISHOP, alias WILLIAM WILLIAN , was indicted, for that he, on the 20th of March, in the 40th year of his Majesty's reign, at the parish of St. Matthew, Bethnal-green, did take to wife Ann Rance , spinster; and afterwards, that is to say, on the 21st of February last, at the parish of St. Luke , feloniously did take to wife Joyce-Mary James , spinster, by the name of Joyce James , the said Ann, his former wife, being then living .(The case was opened by Mr. Knowlys.)

SAMUEL HAYNES sworn. - (Produces the register of St. Matthew, Bethnal-green). Reads -" John William Bishop , batchelor, of the parish of St. Alban's, Wood-street, London, and Ann Rance , of this parish, spinster, were married in this church, by licence, on the 20th of March, in the year 1800. Witness, John Rance - Sarah Bolton ."

Q. Do you know the person of the prisoner? - A. Yes, I recollected him at Bow-street.

Q. Do you recollect the person of Ann Rance ? - A. Yes.

JOHN RANCE sworn. - Examined by Mr. Knapp. I am the father of the wife of the prisoner: On the 20th of March I was present at the marriage of my daughter, Ann Rance, with the prisoner, I gave her away; the prisoner at the bar is the same man.

Q. Is she now alive? - A. Yes; she has been brought to bed this very day, since we have been in Court.

Cross-examined by Mr. Gurney. Q. Do you know how long the prisoner kept company with your daughter, before she was married? - A. I don't know.

Q. Have you any reason to suppose they knew each other four days before? - A. I don't know.

THOMAS CRANER sworn. - (Produces the register of St. Luke's). Reads - " William Willian , of this parish, batchelor, and Joyce James , of the parish of St. James, Clerkenwell, in the country of Middlesex, spinster, were married in this church by licence, this 21st day of February, 1801."

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

Q. Is he the person that was married by the name of William Willian ? - A. Yes, he is the same person.

ANN BAILEY sworn. - Examined by Mr. Knapp. I was present at the marriage which took place between the prisoner and Miss James on the 21st of February last.

Q. Have you any doubt of his being the person? - A. No.

Q. Have you been in the habit of visiting them? - A. Twice or thrice.

Q. Were you in her company at the time the prisoner was courting her? - A. Yes; she introduced him to me.

Q. Did he, in your presence, represent himself to be a single man? - A. Yes, he did.

Q. Did he say any thing of what line of life he was in? - A. Never.

Q. Did he say any thing of what family he was? - A. Never.

Q. Did he say where his parents lived? - A. No.

Mr. Gurney. Q. What is Miss James's Christian name? - A. Mary Joyce.

JOSEPH REVEL sworn. - I am trustee to Miss James, her name is Mary-Joyce James ; she often writes here own name Joyce James .

Court. Here is a mistake in the indictment in the young woman's name; the prisoner must be acquitted. NOT GUILTY .

Second Middlesex Jury, before Mr. Justice Heath.

(A second indictment was preferred against the prisoner, when it turned out to be a mistake of the witnesses that the name in the first indictment was right, and in the second wrong, be was therefore acquitted upon that indictment, but detained till an indictment can be preferred against him for perjury, Miss James not being of age.)

Reference Number: t18010415-53

346. SARAH BATCHELOR, alias PHILLIPS, alias BARNARD , was indicted for feloniously stealing, on the 21st of March , six pounds weight of hogs bristles, value 10s. 6d. the property of William Kent .

It appearing in evidence that the property had been delivered to the prisoner for the purpose of making brushes, though she had sold them; the Court were of opinion that it did not amount to a felony.

NOT GUILTY .

Second Middlesex Jury, before Lord Kenyon.

Reference Number: t18010415-54

347. EDWARD HAWES and JOHN PHILLIPS were indicted for feloniously stealing, on the 9th of March , three shillings, and one sixpence , the property of Elijah Jefferys .

ELIJAH JEFFERYS sworn. - I keep a poultry and pork shop , No. 14, St. John's-lane : On the 9th of March, between seven and eight o'clock, the two prisoners knocked at the door, and asked me what was the price of fowls; I told them they were different prices, according to the quality; Phillips agreed for one of them, and asked me to give him change for a guinea; Phillips put down a guinea, and I took out some silver; Hawes said,

d-n it, governor, I hope you are not going to give me that brassy one; I said I had no brassy one, and looked at the silver in my hand, upon which, Hawes immediately made a snatch at the silver in my hand, and concealed some of it under his thumb, and put his hand behind him, towards Phillips; Phillips immediately took up his guinea, and they were both going away; I jumped over the counter, and laid both hold of them by the collar; I made a purchase against the door, and held them till some people came up; I sent for an officer, and gave charge of them, but before that I wrested out of Hawes's hand two shillings and a sixpence; Hawes said the other was dropped.

Cross-examined by Mr. Knapp. Q. One of these men had a guinea in his hand? - A. Yes.

Q. You had no bad shillings? - A. No.

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

Q. As to Phillips, his conduct was such, that you wished him to be discharged before the Magistrate? - A. I said Phillips's conduct was very quiet, and so I say now.

JOSEPH DAVIS sworn. - I am a constable: I took charge of the prisoners; that is all I know of it.

The prisoner Hawes called one, and Phillips three witnesses, who gave them a good character.

Hawes, GUILTY , aged 61.

Phillips, GUILTY , aged 27.

Whipped in the jail , and discharged.

Second Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-55

348. JAMES BLAKE , THOMAS DAVIS , and WILLIAM SMITH , were indicted for feloniously stealing, on the 21st of March , a sack, value 2s. and four bushels of barley, value 30s. the property of George Shum the elder, Harvey Christian Combe , Joseph Delafield , George Shum the younger, William Packer , and Thomas Smith .

Second Court. Charging it to be the property of Thomas Osborn the elder.

Third Count. Charging it to be the property of Joseph Harris .

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

WILLIAM BELL sworn. - I belong to a barge which laid along-side the barge from which this burley was taken: On the 21st of March, I was in the cabin; I heard the alarm of thieves, I got out of the cabin, and saw a peter-boat lying along-side.

Q. What is a peter-boat? - A. A boat used for fishing; when I saw the peter-boat, the three prisoners were in the boat, endeavouring to get it off; Samuel Harris , Joseph Harris , and I, hauled our own skiff along side, and pursued them; they made towards the shore, and we came up so fast, that they were obligated to jump overboard into the water; then we pursued after them, and took Davis and Blake by Solomon Chambers 's, the boat-builders's; they did not say any thing for themselves when I took them; Joseph Harris secured the peter-boat.

Cross-examined by Mr. Knowlys. Q. What time of night was this? - A. About ten o'clock at night.

Q. It was dark by that time? - A. It was a very fine moonlight night.

Q. The person, you suppose to be Smith, got out of your sight? - A. Yes; I had seen Davis in the evening rowing round the barge.

JOSEPH HARRIS sworn. - Examined by Mr. Knapp. Upon the alarm of thieves being given, I secured the peter-boat, and found a sack of barley in it; I immediately took the peter-boat along-side the barge, the nails of the tarpaulin had been forced; the barge was laden with barley, to be taken to Brentford to be malted; I belonged to Messrs. Shum and Co.

THOMAS OSBORN , jun. sworn. - My father was the proprietor of the barge ; Joseph Harris was the lighterman .

SAMUEL HARRIS sworn. - Examined by Mr. Knapp. I am a barge-master; the sack in which this barley was, belonged to Mr. Osborn; I pursued Blake on shore, and threw at him either brick or stone, and he came back to me, and delivered himself up.

- GOODENOUGH sworn. - (Prouduces the property.) I received it from the peter-boat.

Joseph Harris . I compared this barley with the barley in the barge, and it was exactly the same sort.

GEORGE WINTER sworn. - Examined by Mr. Knapp. I apprehended the prisoner Smith at Millbank, Westminster, on the 21st of March, under a drain that runs under Lord Belgrave's house; I secured him, and put him into a boat; some person said, has he got any pistols, to which the prisoner said, I wish I had, I would let day light into you.

Blake's defence. I know nothing about it.

Davis left his defence to his Counsel.

Smith's defence. I never was near the property, nor never saw the boat till I was taken into it.

Blake, GUILTY , aged 22.

Davis, GUILTY , aged 23.

Smith, GUILTY , aged 24.

Transported for seven years .

Second Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-56

349. JAMES LOVEGROVE, alias TIRNLICK , was indicted for feloniously stealing, on the 5th of March , a shew-glass, containing five pounds weight of almonds, value 6s. the property of James Downton .

JAMES DOWNTON sworn. - I am a grocer at Hampton : On the 5th of March, I went into my shop, and missed a shew-glass from the window; I had information of the prisoner; I went with

the constable to his father's house and found the property within one hundred yards of the house; the prisoner went and shewed us where it was; the prisoner's father was ferryman at Hampton; he is between thirteen and fourteen years of age, I believe.

Prisoner's defence. My father turned me out of doors.

Constable. I know the contrary of that.

GUILTY , aged 13.

Whipped in the jail and discharged.

Second Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-57

350. JOHN RICHMOND was indicted for feloniously stealing, on the 26th of February , a blue and white gown, value 6s. a cotton gown, value 3s. a shift, value 2s. a handkerchief, value 2d. a pair of cotton stockings, value 2s. and two half shawl handkerchiefs, value 1s. the property of Jane Hester .

JANE HESTER sworn. - I am a servant out of place ; I am with a relation of mine; I lost my property out of my bed-room on the 26th of February; I had been out; I returned between eight and nine o'clock, and they were gone; the prisoner lodged in the house.( William Blackman , the officer, produced a blue and white gown, which be received from Arnett, the rest of the property having been restored to the prosecutrix.)

- ARNETT sworn. - I took the prisoner coming down stairs with the property; I went to Bow-street and got an officer, and he acknowledged it; there was not any thing said to induce him to confess.

Hester, This is my gown, I made it myself.

Prisoner's defence. I was very much in liquor, and don't remember doing any such thing.

GUILTY , aged 22.

Twelve months in the House of Correction .

Second Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-58

351. SARAH SMITH was indicted for feloniously stealing, on the 25th of October , two pillows, value 3s. two pillow-cases, value 2s. a pair of sheers, value 10s. a blanket, value 7s. a counterpane, value 1s. and a bed back-cloth, value 1s. the property of Mary Dufour , in a lodging-room .

MARY DUFOUR sworn. - I live at No. 1, Petty's-court, Hanway-yard ; I let an apartment to the prisoner for three shillings and sixpence a week; she came on the 6th of October, and left it on the 14th, she took away the key of the room with her; I did not discover that she was gone till eleven days after; when I opened the door I missed the articles mentioned in the indictment; I afterwards found the prisoner in Monmouth-street, and had her taken up; she cried very much, and promised to make the things good; but she never brought any thing, and it is very hard to be robbed.

Mr. Knowlys. Q. This poor woman had been left by her husband with a child to support? - A. That is what she told me, but I found she was not married.

- GLENDENING sworn. - I am servant to Mr. Hale, pawnbroker, in Broad-street, (produces a counterpane), I took it in of the prisoner; I knew her before.

Prosecutrix. This is my counterpane.

Prisoner's defence. I receive a half-yearly income from the India House; I never gave up the lodging; I had to receive it on the Monday when she took me up on the Thursday; I offered to give her any security for it. GUILTY , aged 27.

Confined six months in the House of Correction .

Second Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-59

352. THOMAS BARTON was indicted for feloniously stealing, on the 13th of March , 42lb. of lead, value 5s. belonging to Samuel Wegg , Esq . Charles Swaine , Booth Gilpin , - Sharpe , Esq . and Andrew Huddleston , Esq . fixed to a certain building of theirs, called Gray's-inn-gardens .(The case was opened by Mr. Knowlys.)

JOHN SMITH sworn. - I am an assistant constable: On Friday evening the 13th of March, about half past nine o'clock, I observed the prisoner coming up Gray's-inn-lane, towards Holborn.

Q. Do you know the pavilion in Gray's-inn-gardens? - A. Yes; the back of it comes into Gray's-inn-lane; he had a bag upon his shoulder; I stopped him and found it was lead; it had the appearance of being fresh cut; he said he had found it in the ruins in Gray's-inn-lane; I then took him into custody.

JOSEPH INWARDS sworn. I came up and saw the bag lying at the prisoner's feet; it contained lead which appeared to have been fresh cut; Smith had hold of him; I went the next day to the pavilion with a plumber's man, and it fitted the place exactly, and the nail holes matched.

- MORRIS sworn. - Examined by Mr. Knapp. I am a gardener belonging to the Society of Gray's-inn; I missed the lead from the pavilion; I saw it compared, and in some places it fitted exactly, in other parts the wood work was rotten, and the nails broke, and it would not sit there.

Prisoner's defence. I was going down Gray's-inn-lane; I wanted to do a job for myself, and I turned in by the ruins, where I saw this bag lying in a corner.

Morris. When I locked up the gate the evening before it was all safe, and when I opened the gate on Saturday morning, it was all stripped off.

NOT GUILTY .

Second Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-60

353. JOHN ROCK was indicted for that he, on the 1st of April , a piece of false and counterfeit

milled money, made and counterfeited to the likeness of a goad seven-shilling piece, and two other pieces, of false and counterfeit milled money, made and counterfeited to the likeness of a good sixpence, feloniously did put off to one Edward Rogers , at a lower rate than the same by their denomination imported to be and were counterfeited for, that is to say, for three shillings and sixpence .

(The case was opened by Mr. Knowlys.)

EDWARD ROGERS sworn. - Examined by Mr. Knowlys. I am one of the officers of the Police-office, Shadwell ; On Sunday, previous to the 1st of April, I met with the prisoner at a public-house in the Borough; in the course of conversation he asked me if I could put away any whites.

Q. What is understood by whites? - A. Silver counterfeit money; I told him I believed I could put off some; I wished to know the sorts that he had, and to see them; I found he did not know me to be an officer, and we appointed to meet at the Jerusalem Tavern, St. John's-gate ; accordingly, on the 31st of March, I went to the Jerusalem Tavern, and he saw me coming into the parlour and followed me; he was sitting in the tap-room; he told me he had the articles with him; I asked him what quantity; he said he had not much, but Mrs. Johnson, who lived at a neighbouring public-house, was the maker of them, and I could have fifteen or twenty pounds worth; I told him I would take a sample, and if my partner was satisfied with them, I would return in a quarter of an hour and take the whole; he pulled out a half-guinea, a seven-shilling piece and some shillings and sixpence to shew me; I told him I would take the seven-shilling piece and tow sixpences and shew them to my partner, and I would be back in a few minutes; I asked him the price; he told me the price was 7s. for two seven-shillings pieces, and the silver in proportion, two for one; I then paid him 3s. 6d. for seven shillings piece and the two sixpences; I told the prisoner to go to Mr. Bilson's, the Crown, and I would be there in a quarter of an hour; I staid some time, and then I went to the Crown, on Clerkenwell-green, and apprehended the prisoner; here is the seven-shilling piece and the two sixpences, (produces them); they are fit for circulation; I then searched him, and found two papers in his coat pocket containing each thirty shillings, what they call a piece, and in his waistcoat, pocket a large quantity of shillings and sixpences; I have never counted them, (produces them); I found also a counterfeit half guinea, and other coin; as soon as I had apprehended him I went to a public-house in St. John's-lane, according to his direction, where I found the wife of the prisoner, and Mrs. Johnson.

Cross-examined by Mr. Gurney Q. How much money did you give the prisoner to buy counterfeit money for you? - A. I never gave him any.

Q. Were you ever in company with him with any other persons? - A. Yes; Stephen Edlin and the prisoner's wife.

Q. Do you mean to say you never were in company with him in any other place than with Edlin and his wife? - A. Yes, at the public-house in the Borough, there were several people in the box.

Q. Do you know a person of the name of Carroll? - A. A brother-in-law of the prisoner of that name attended the Magistrates, and desired me to speak to the Magistrates to get him off.

Q. You positively swear you never gave him money to purchase counterfeit money? - A. I never did.(Mr. William Parker proved the whole of the money produced to be counterfeit).

Prisoner's defence. That man encouraged me to get them for him, he told me to get them.

GUILTY aged 47.

Confined one year in Newgate , and fined 1s.

Second Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-61

354. JOHN TINSLEY was indicted for feloniously stealing, on the 28th of February , a pettcoat, value 5s. four muslin handkerchiefs, value 3s. two half shawls, value 1s. and two handkerchiefs, value 1s. the property of John Smith .

ELIZABETH SMITH sworn. - I am the wife of John Smith , a baker ; the articles were just come home from the wash; I saw the prisoner in the shop with the clothes under his arm, he was rolling up the other things in the petticoat: I did not see him come in, he came in upon his hands and knees; our foreman stopped him.

WILLIAM JAMESON sworn - I am foreman to Mr. Smith, (produces the property); the things were picked up while I stopped the prisoner; I had them from Mrs. Smith.

Mrs. Smith. I received them from Neale.

- NEALE sworn. - I picked up these things at Mr. Smith's shop door, in the street; I saw nothing of the prisoner till he was taken back.

Jameson. I pursued him near a quarter of a mile before I took him; I stopped him in Castle-street, Leicester-fields.(The property was identified by Mr. Smith.)

Q. (To Mrs. Smith.) Are you sure the prisoner is the man? - A. Yes; I saw his back first; but when I came into the shop, he turned round, and knocked me down, and then I had a full view of his person.

Prisoner's defence. I was coming to the top of Castle-street, and that man laid hold of another man in coloured clothes, and he said, let me go, it is not me, it is a soldier, and then he laid hold me.

GUILTY , aged 36.

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

Second Middlesex Jury before Mr. Justice Heath.

Reference Number: t18010415-62

355. WILLIAM CROSON , WILLIAM WIDDISON , SAMUEL CROSON , and JOHN CROSON , were indicted for breaking and entering the dwelling-house of Robert Swaine , John Swaine , Edward Swaine , and Hannah Swaine , about the hour of seven in the night of the 6th of March , and stealing twenty yards of woollen cloth, value 39s. the property of the said persons .

(The case was opened by Mr. Jones).

JAMES PRIOR sworn. - Examined by Mr. Jones. I am a constable of the Ward of Bassishaw: On Friday, the 6th of March, at 6th o'clock in the evening, I was coming up Basinghall-street , past the warehouse of the prosecutors, I saw William Widdison , William Croson , and Samuel Croson ; there was another man with them, but I cannot say whether it was the other prisoner or not; Widdison was looking in at the sash door of the warehouse; I then passed on, and Widdison joined the other three; I then went to William Mead, to request him to go with me; we went down the street, and saw William Croson and Samuel Croson Standing in the street, in conversation together; at that time I did not see any thing of the other two; I then returned again up the street towards Cateaton-street; on my return back again, William and Samuel Croson were still in the same situation; I then went to a house opposite Mr. Swaine's, from which I had a complete command of Mr. Swaine's warehouse; soon after I was in the house, John Fletcher came to the house; we staid there some short time, and three of the prisoners, Widdison, and William and Samuel Croson, passed the warehouse of Mr. Swaine several times; there was another person with them whom I do not know, he was a tall man, he opened Mr. Swaine's door; it appeared to me as though he lifted the latch, but I am not certain; I saw him go in and come out again; upon that I opened the door of the house where I was, and looked for them, they were then all gone; I went over to Mr. Swaine's, and remained in the warehouse about a quarter of an hour; there were several persons then passed door very swift, two of them were Widdison and William Croson; one of the two shoved the door open a little way, it was then repeated by another, and then another, till it was about half way open, and then William Croson came into the warehouse, Widdison was behind him, in company with him; William Croson took this piece of cloth from off the table that stood in the warehouse, where there was some other cloth; I then put my arm over William Croson's shoulder, and laid hold of Widdison; then Croson dropped the cloth, and Widdison escaped; I then secured Croson, and never quitted my hold of him; William Croson gave me several violent blows on the side of my head, which was the reason Widdison's escaping; I had seen William Croson Samuel Croson on Thursday evening, the 5th, and on Saturday morning, between nine and ten o'clock, I saw Samuel and John Croson at a public-house, in Grub-street, and apprehended them.

Cross-examined by Mr. Knowlys, (Counsel for Samuel and John Croson ). - Q. From the time you entered Mr. Swaine's house, did you see any thing of Samuel Croson ? - A. I cannot say that I did; I saw Widdison, William Croson, and Samuel Croson pass by; and after that I saw no more of Samuel Croson till the next day.

Q. Samuel Croson went away in a direction from the house? - A. Yes.

Q. At the time this happened, was it light enough to discern the features of a man's face? - A. It was certainly day-light.

Cross-examined by Mr. Knapp, (Counsel for Widdison). Q. When Croson was in the house, and took the cloth, you laid hold of Widdison? - A. Yes.

Q. You laid hold of Widdison, who had not touched the cloth? - A. He had not.

Q. Widdison did not strike you, as Croson had done? - A. No, he behaved extremely civil.

Cross-examined by Mr. Alley, (Counsel of William Croson ). Q. You had made a blow at him first. had you not? - A. No. I had received near a dozen blows on my head before I struck him at all, and then I struck him with my cutlass; I begged of him to desist repeatedly.

Q. Do you mean to swear who the man was that had the cloth? - A. Yes.

Q. Did you before the Magistrate? - A. I did.

Court. Q. How far was the cloth removed? - A. From the table to the door.

JOHN FLETCHER sworn. - Examined by Mr. Jones. I am a porter, at Blackwell-hall. On the 6th of March I was with Mr. Prior at the house opposite Mr. Swaine's; I had before that seen the four prisoners at the bar in conversation in Basinghall-street; I am certain of all of them, I am well acquainted with their faces; I stood the space of a minute looking at them; they then separated: two of them came up on one side of the street, and two on the other; I passed them a second time, within about twenty yards of the prosecutor's house; John Crosen at this time pretended to make water against a corner; I stood looking at him for the space of another minute, or a minute and a half, or thereabout; Widdison went up Blackhall's-yard, returned down again immediately, and passed the prosecutor's house; they took particular notice of the house; I then went to a house opposite the prosecutor's.

Q. What was the reason of your going into that house? - A. Knowing them to be suspected characters, I went in to watch; after I was got into the house, I observed John Croson opened the prosecu

tor's door, and return from it immediately, and I saw no more of either of them for a quarter of an hour, or it might be twenty minutes after, I saw the four prisoners again; one of them opened the door, I believe Widdison, I am not certain; a person next to him pushed if further, and it was repeated by a third person; just after that I saw Widdison and William Croson go into the house; before that I saw one of them lift young Widdison up to look over the blinds, but which of them it was I do not know; I saw no more of them till I heard the cry of stop thief; then I ran after Widdison, but Mr. Swaine's porter, Joseph Ritchings , had taken him before I got up; I was with Mr. Prior the next morning when he took Samuel and John Croson at a public-house, in Grub-street; I identified them both as soon as I got into the house.

Cross-exained by Mr. Knowlys. Q. When you went to Grub-street, did you take a person of the name of Rigby with you? - A. There was a person, but I did not know his name.

Q. Upon your oath, was not that person taken because he knew the persons of Samuel and John Croson , and you did not? - A. I don't know.

Q. Upon your oath, did not Prior desire him to go with you, to identify their persons? - A. I know nothing of what Prior said to him; he was in company with Prior before I was.

Q. Did you know John Croson before that night? - A. No.

Q. Then how dare you tell that Jury that you knew them to be suspected characters? - A. I did not say so; I said, from the information I received.

Q. Attend, Sir, and recollect there is such a thing as a prosecution for perjury; upon your oath, did you not swear that Jury, that knowing them to be suspected characters, you watched them? - A. I said, from the information I had of them.

Q. Attend to the question, and recollect you are in a very serious situation; do you mean now to swear, that you did not before swear, that because they were suspicious characters, you watched them? - A. I don't remember saying so.

Q. Do you mean to say, that you did not swear that knowing them to be suspicious characters, you watched them? - A. If that was taken down in my examination, it was taken down wrong; if I did mention such a thing, it was inadvertently.

Q. There is a great difference between John Croson and Samuel Croson ? - A. Certainly.

Q. Do you mean to swear it was John Croson that opened the door? - A. yes.

Q. It was not Samuel, but John? - A. It was John.

Q. Then Samuel never opened the door? - A. I did not see him open it, and I think I must have seen it if he had.

Q. You know, perhaps, that these four persons were indicted for burglary? - A. I don't know what the indictment says.

Q. Upon your oath, don't you know that these four people are indicted for burglary? - A. I cannot say what is in the indictment, I never saw the brief.

Q. I ask you, don't you know that these four people are indicted for burglary, for breaking open the house? - A. I know that they broke the house after dark, and they entered it after dark.

Q. Don't you know that they are indicted for breaking open that house in the night, which we call burglary? - A. Is burglary and larceny the same thing?

Q. I see you are a little bit of a lawyer - Upon your oath, don't you know that these people are indicted for a burglary, for breaking open this house in the night? - A. I don't know what the indictment expressed.

Q. Upon your oath, don't your know that they were indicted, and charged with breaking open this house in the night time? - A. I should suppose it is.

Q. Upon your oath, were you not bound over to prosecute for burglary? - A. I know I was bound over.

Q. Don't you know there is a reward of 40l. for each of these persons, if they are convicted? - A. I have heard as much, but I don't know it.

Q. You believe it, don't you? - A. I have no reason to believe it.

Q. Do you disbelieve it? - A. I have no reason to disbelieve it, I have heard people say so.

Q. Upon your oath, do you not believe it? - A. I have always understood it.

Q. Do you believe it? - A. I never had the money, nor was ever in a situation to receive it.

Q. I do not now ask you whether you know there is a reward ot 40l. but I ask you, do you believe there is a reward of 40l. on the conviction of each of these prisoners? - A. How am I to believe it?

Q. I will tell you how you are to believe it; you may be informed of a thing, and believe that information - Now, I ask you, do you believe there is a reward of 40l.? - A. From the best information I ever had, I believe there is.

Q. Then if you convict only one, you believe there is a reward of 40l.? - A. Yes.

Q. If you convict two, it will be 80l.? - A. Yes.

Q. If you convict three, it will be 120l.? - A. Yes.

Q. And if you catch a fourth, it will be 160l.? A. Yes.( William Mead was then called, who confirmed the evidence of Prior).

MICHAEL WAINEHOUSE sworn. - Examined

by Mr. Jones. I am warehouseman to the prosecutors: On Friday, the 6th of March last, Mr. Prior came to our warehouse, I remained with him in the warehouse; I saw three persons come up to the window, two of whom came in, William Croson, and Widdison; William Croson took a piece of cloth off the table and walked off with it; a constable immediately rushed out, and secured William Croson; I picked up the cloth between the door and the kirb-stone, this is the piece of cloth, I am certain to the cloth, there is twenty-six yards of it; I had seen John Croson about a quarter after five o'clock looking at the window. I looked him full in the face, and he walked off; I saw him at the Mansion-house, and knew him again.

JOSEPH RITCHINGS sworn. - Examined by Mr. Jones. I am porter to Mr. Swaine, I was in the warehouse with Prior and the last witness: After Prior had been in about a quarter of an hour, William Widdison came up to the door, he opened it a little way, and went away and left it; then another person came, and shoved it a little further, a shortish person, I cannot say who it was; then William Croson came into the warehouse, I cannot swear whether Widdison was within the warehouse door, or whether he was just by; William Croson took up the piece of cloth, and as he was going out Mr. Prior rushed out upon him, and caught hold of William Croson ; throwing his arm over to lay hold of Widdison, he caught hold of him, but they both fought so hard to get away, that he was obliged to leave his hold of Widdeson; I followed him immediately, called out stop thief, and caught him in Church-alley, Basinghall-street; I never lost fight of him at all.

EDWARD SWAINE sworn. - Examined by Mr. Jones. Q. Who are the partner s that constitute the firm of your house? - A. Robert Swaine , John Swaine , Edward Swaine , and Hannah Swaine .

Q. Look at that piece of cloth? - A. It is our property, it has our name upon it.

William Croson did not say any thing in his defence.

Widdison left his defence to his Counsel.

Samuel Croson 's defence. I was not there at the time the robbery, was committed.

John Croson's defence. I am quite innocent of the affair.

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

William Croson , GUILTY, aged 19.

Widdison, GUILTY, aged 15.

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

Transported for seven years .

Samuel Croson , NOT GUILTY .

John Croson , NOT GUILTY .

London Jury, before Mr. Recorder.

Reference Number: t18010415-63

356. GEORGE BAKER was indicted for feloniously stealing, on the 27th of March , three pounds weight of snuff, value 3s. and seven pounds weight of tobacco, value 10s. the property of Joseph Debnam .

JOSEPH DEBNAM sworn. - I am a tobacconist , and live at No. 108, Titchfield-street : On the 27th of March, I lost some snuff and tobacco from behind the counter, part of it was packed up; I was in the adjoining room to the shop, I heard an alarm, and I pursued the prisoner into Mortimer-street; there I saw him throw the two paper parcels of snuff away from him, one went into an area, and the other sell upon the pavement and burst; then I took him into custody.

Prisoner's defence. Just as I turned the corner, I ran with the mob, and a gentleman stopped me, and said I had stole his tobacco.

Prosecutor. There was another boy with him, but the other got away.

GUILTY , aged 11.

Judgment respited .

First Middlesex Jury, before Lord Kenyon.

Reference Number: t18010415-64

357. ROBERT GRIFFITHS , and THOMAS HOPKINS alias JOHN BOWLER , were indicted for making an assault in the King's highway upon David Sampson , on the 9th of March , putting him in fear, and taking from his person a silver watch, value 3l. 10s. a silver watch-chain, value 10s. a pair of silver shoe-buckles, value 2l. 2s. a hat, value 12s. a leather shoe, value 4s. a silver seal, value 4s. and a gold ring, value 10s. the property of the said David .

DAVID SAMPSON sworn. - On the 9th of March, between six and seven o'clock in the evening, as I was returning out of the City, I met the two prisoners in the same street that the Royal Exchange is in.

Q. Do you mean Cornhill? - A. Yes; knowing Griffiths before, he shook hands with me; I told him he had met me at a wrong time, as I had no money in my pocket to ask him to drink, as I would wish; we went into a public-house and had a pot of beer, and a paper of tobacco; we stopped there two hours, and then Griffiths told me of one Gearing, and he went out to fetch him; I asked Hopkins if he was a lighterman , and he said he was; then Griffiths came in with Gearing, I knew him before, Gearing sat down by the side of me; he said, he could not drink beer, he called for half a pint of gin; they had three or four half pints.

Q. Did you partake of the gin? - A. Yes.

Q. Were you sober? - A. I was a little in liquor; we all four of us went out of the house together, I paid what little money, I had as part of the reckoning; when we got out, one of them, I cannot say which, called a coach, and we all got in, but where the coachman was ordered to drive to I don't know;

Griffiths sat opposite me on the starboard side of the coach; the coach stopped, and they had half a pint of gin more.

Q. Did you partake of that too? - A. I cannot recollect; the coach went on, and in Holborn Griffiths seized upon me all at once, and got hold of the chain of my watch; I called to the coachman to stop two or three times, and then he caught hold of me by the throat, and held me there while Hopkins and Gearing took my property; they took a silver watch, a silver chain, a gold and a silver ring, a silver key and seal, a pair of silver buckles, one of my shoes, and my hat; Hopkins and Gearing jumped out of the coach, and the coachman detected Griffiths before he could get away; they cut away the waistband of my trowsers with a knife, but I cannot tell who it was that cut them; an officer belonging to Whitechapel came by at the same time, and made him get into the coach again, and then we went to Hatton-garden office.

Cross-examined by Mr. Knapp. Q. You were not very drunk when you came out of the public-house? - A. No.

Q. Only half and half? - A. No, I was not half and half.

Q. You had no money? - A. I had little or no money when I went in.

Q. As we are upon the subject of money, did you ever hear of a forty pounds reward? - A. Yes; but I don't look upon that.

Q. You were very drunk at last, after drinking the gin? - A. No; I was not so drunk but I knew what I was doing; I went the next evening, and found out the house again, to look for Gearing, and there we heard of him; he was taken up the same night, and admitted an evidence.

WILLIAM HUNT sworn. - I am a coachman: I was called off the rank in Gracechurch-street, about half past seven o'clock in the evening; Griffiths asked me what they should give me to drive them to Wells-street, Oxford-road; I told them three shillings; then they told me to drive them an eighteen-penny fare towards there; going through Lombard-street, they ordered me to stop at the first public-house, and call for a pint of gin; I stopped at the Queen's-arms, in Cheapside; then I kept on, and when they got the other side of Grays-Inn-lane , they issued four pieces of money out of the coachwindow, and I gave it them back again; I went a little further and heard the steps fall, the bottom step was an iron step; two of them jumped out, and said, go along you b-r; the third was jumping out when I caught hold of him; an officer came up, and he was taken to Hatton-garden.

Q. How came you to stop the third man? - A. Jumping out in that way, I thought they were going to leave a drunken man in the coach.

Cross-examined by Mr. Knapp. Q. They were all very drunk, were they not? - A. I don't know; the waterman let them into the coach, I did not see any thing of them.

Q. Was Sampson drunk? - A. I cannot say; after I had stopped Griffiths, I found Sampson almost throttled in the coach.

JOHN NOWLAND sworn. - On the 9th of March, in the evening, I was coming down Holborn, the coachman had the prisoner Griffiths in custody; I enquired what was the matter; I told them I was an officer, and I took charge of him; I put him into the coach, and took him to Hatton Garden office; going along, he put his hand into his waistcoat pocket, and put his hand underneath him as he sat in the coach; I immediately caught him by the hand; when I got to Hatton-Garden, I got a light, and searched under where he had sat; I found this piece cut out of the waistband of the sailor's trowsers, and a seal, he said he had lost a seal with a Fox upon it, which this has; I searched the prisoner, but found nothing more upon him; I matched this piece with the trowsers, and it exactly fitted, it appears to have been cut with a knife, or some sharp instrument.

Cross-examined by Mr. Knapp. Q. Did you apprehend the other prisoner? - A. No.

Q. Did the prosecutor appear drunk or sober? - A. When I first spoke to him; I thought he was very much flurried, and when I got to Hatton-Garden, he appeared quite sensible.

THOMAS WHEATLEY sworn. - I am a shoemaker and cordwainer; this sailor lodged at our house; in Upper Mary-bonne-street, Portland-place; I was at the apprehension of the prisoner, Hopkins, and George Gearing , who has turned King's evidence; I took George Gearing in Little Swan-alley, on the 10th, and Thomas Hopkins on the 12th.

EDWARD ALDERMAN sworn. - I know nothing more than the apprehension of Hopkins.

GEORGE GEARING sworn. - Q. Recollect, if you say a syllable that is false, you forfeit all pretensions to that mercy that you have received? - A. I will take care to speak the truth; I am a carpenter and box-maker, I work in Finch-lane; I was going to carry a box home, and in Cornhill I met Griffiths; he asked me if I could tell him of a job, I told him, I had a brother better acquainted with the business, and I would ask him when he left work; I went with him to a public-house in Bell-yard, or Bell-court, Gracechurch-street, we had a pot of beer and some bread and cheese; I agreed to meet him there again when I had done work, and about a quarter past six he came to the shop where I work, he told me Sampson was at the public-house just by, and would he glad to see me; I knew Sampson before; I went with him to the public-house, and there was Sampson and Hopkins; I had never seen Hopkins before to the best of my knowledge; we had some gin, I cannot say

how much, I paid for one half-pint, I think there were three or four half-pints of gin, and some beer, but I don't know how much; while we were there, I asked Griffiths if he meant to go over to my brother's, to enquire for work, he said he did not mean to go that night, he had borrowed some money of his friend, that was Hopkins; he said, Sampson talked of going home, and he had borrowed money for a coach; I don't know who proposed having a coach; I told him I had a relation at the other end of the town, and I would accompany Sampson to Soho-square; they seemed to be all very agreeable to go together, and Griffiths ordered a coach; Sampson, Hopkins, and I, got into the coach, and Griffiths settled with the man where to drive us to; we went down Lombard-street, and after we had gone some distance we stopped and had some gin; we went on again, and I observed Griffiths and Hopkins whispering together; Griffiths then struck Sampson, and the other seized him; I cannot tell what they did, for the blinds were up; I asked what was the matter; one of them said, you shall soon know what is the matter, or we shall soon know what is the matter, I don't know which, and immediately the door was opened, and I was pushed out; I ran away.

Q. What was the occasion of your running? - A. I was frightened.

Q. Did you see nothing that was done to Sampson? - A. No; they were both upon the top of him, or nearly upon the top of him; I could not see what they did.

Cross-examined by Mr. Knapp. Q. You paid for one half pint of gin yourself? - A. Yes.

Q. Did each of you drink his half pint? - A. We all drank round regularly, as far as I can recollect.

Q. Where was the coach when you got out? - A. I believe somewhere about Middle-row.

Q. You did not make use of any expressions when you got out of the coach? - A. I don't know what you mean.

Q. You did not say come along you b-rs? - A. No.

Q. Nor you did not use the word brush? - A. No.

Q. You took to your heels? - A. Yes.

Q. If you had done nothing, what did you run for? - A. I was very much frightened.

Q. You knew that by giving your evidence today you would save yourself from being tried? - A. The gentlemen told me so.

The prisoners left their defence to their Counsel.

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

Griffiths, GUILTY , Death , aged 35.

Hopkins, GUILTY , Death , aged 34.

First Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-65

358. SUSANNAH GORDON was indicted for breaking and entering the dwelling-house of William Harwood , about the hour of nine, in the night of the 8th of December , with intent to steal, and burglariously stealing a half pint bottle, value 3d. a mahogany tea chest, value 1s. a large carthen pan cover, value 6d. an earthen dish, value 3d. a white dish, value 6d. two plates, value 2d. a washhand bason, value 3d. a white mug, value 2d. a saucepan cover, value 3d. a half pint tin pot, value 2d. a tea-pot, value 4d. five cups and saucers, value 6d. two milk-pots, value 2d. a mustard-pot, value 2d. four basons, value 6d. a sugar jar, value 2d. a China tea-cannister, value 4d. two drinking-glasses, value 4d. two knives and three forks, value 6d. a pair of snuffers, value 2d. two soap-dishes, value 4d. a half peck measure, value 3d. a paper box, value 1d. 6d. two fans, value 2d. four metal table-spoons, value 6d. a metal tea-spoon, value 2d. a small pocket-book, value 3d. one book, value 3d. twenty-two pictures, value 10d. and nine sheets of white paper, value 4d. the property of the said William .

WILLIAM HARWOOD sworn. - I now rent the upper part of a house of Joseph Myer , at Bethnal green , I did keep the house, but I gave it up when I lost my arm; the prisoner lived about four hundred yards from me; I was not at home at the time the things were taken.

HANNAH HARWOOD sworn. - On the 8th of December, a little after six o'clock, I went out and locked the door.

Q. Was it dark at that time? - A. Yes: I put the key in my pocket, and returned about half past eight the same evening; the door was forced open, and I missed my porperty.

Q. Do you know the prisoner at the bar? - A. By sight.

Q. Has any of the property been found? - A. Yes.

JOHN VICKERY sworn. - I am an officer; the prisoner was brought to our office by a parish officer, and on the 24th of February I went with the prisoner to her lodgings, and there I found a large pan cover and a wash-hand bason; the other things were delivered to me by the other officer.

Mrs. Harwood. I know the wash-hand bason by its being starred at the bottom; I starred it the first day I had it; I know this pan cover to be mine.

Prisoner. They are my own property.

MATTHEW LILL sworn. - On the 24th of February, about eight o'clock in the evening, I went to the prisoner's lodgings, and found all these articles, (produces them): she was first discovered by having this phial found upon her when she went for some gin, and this bussis was found upon her.

Mrs. Harwood. They are both mine.

The prisoner did not say any thing in her defence.

GUILTY , Death , aged 25.

First Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-66

359. ROBERT ROBERTS was indicted for feloniously stealing, on the 24th of March , a stone breast-buckle, set in gold, value 5s. six guineas, and a crown piece, the property of James Meyrick , in the dwelling-house of John Hardiman .

JAMES MEYRICK sworn. - I lodge in the house of John Hardiman, in Grosvenor Mews , he himself lives in the house: On a Sunday in March I lost my money out of a box, locked.

Q. How lately had you seen it? - A. I had not seen it for a month; I missed it on a Sunday, the 22d or 24th of March.

Q. Do you know any thing against the prisoner? - A. No; the prisoner was my bed-fellow.

Q. Who made the bed? - A. Mrs. Hardiman.

Q. Other people might have access to your room then besides the prisoner? - A. Yes, it was never locked.

JOHN HARDIMAN sworn. - I know nothing against the prisoner, but that he is a very honest, just fellow.

JOHN FIELD sworn. I know nothing against the prisoner; I took a crown piece, but I have no recollection who I took it from; I took it on Sunday the 22d of March.

WILLIAM BLACKMAN sworn. - I am an officer: On Tuesday, the 24th of March, I went with a search warrant from the Public-office Bow-street, to Grosvenor's Mews, to Mr. Hardiman's; I searched all over the prisoner's boxes; I found nothing in the boxes; he confessed where it was.

Q. Did you make him any promise of forgiveness if he told where it was? - A. No.

Hardiman. They promised to forgive him if he would tell where it was; I went to a hole in the wall, in Grosvenor's Mews, according to his description; I took a paper out of the hole and gave it to Blackman, who opened it in my presence, and there were three guineas and a half, two seven-shilling pieces, and a duplicate of a greatcoat and watch.

Blackman. I went with Mr. Hardiman to search the hole in the wall; we found a stone buckle set in gold, three guineas and a half, two seven shilling pieces, and a duplicate of a great-coat and watch. (Produces them.)

Meyrick. This breast-buckle I cannot swear to, I had not seen it or wore for above a twelvemonth.

CHARLES GREGORY sworn. - I was with Blackman; I had the care of the prisoner at the public-house during the time Blackman was out.

Prisoner. I have not any thing to say.

Mr. Gurney. (To Hardiman.) Q. Are you the landlord of the house? - A. Not of the whole house.

Q. Does the landlord live in the house? - A. No.

Q. Were the things in Meyrick's boxes in that part of the house which you occupied? - A. Yes.

Q. How long have you known the prisoner? - A. Two years; he has lived with me ever since Christmas, and always bore a very good character.

GUILTY of stealing goods, value 39s.

Confined two years in the House of Correction .

First Middlesex Jury, before Lord Kenyon.

Reference Number: t18010415-67

360. ANN NOLL was indicted for feloniously stealing, on the 27th of March , a sheet value 11s. nine table-cloths value 3l. a pillow-case, value 1s. and a napkin, value 1s. the property of Simon Levy , in his dwelling-house .

HANNAH LEVY sworn. - I am the wife of Simon Levy , who keeps a house and shop in Russel court : On the 27th of March I lost the articles mentioned in the indictment; I was sitting in the room behind the shop, and I saw the prisoner go out with a bundle under her cloak; I went after her and told her she had robbed me; she dropped the bundle at the next door: the property had been lying tied up in the shop window: I was frightened, and had not power to pick them up; Samuel Harris picked them up, and I sent for an officer.( William Blackman , the officer, produced the property.)

Mrs. Levy. I know all these to be mine by the marks; they cost me 6l. 16s.; I bought them to sell again.

SAMUEL HARRIS sworn. - The hither end of March I heard Mrs. Levy cry out; I went, and saw her have hold of the prisoner, and the property was lying inside Mrs. Smith the haberdasher's door, which is next door to Mrs. Levy; I took the prisoner and the parcel and brought them back to the owner; an officer was sent for, and she was taken into custody; I saw her drop the things.

MARTHA SMITH sworn. - I saw some things dropped at my door, but by whom I do not know; they appeared to be linen.

Prisoner's defence. I never was in the shop.

GUILTY , Death , aged 58.

First Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-68

361. FRANCIS BARNES was indicted for privately stealing from the person of Nathaniel Swan , on the 7th of March, a Bank post bill, value 10l. two Bank-notes, value 40l. one other Bank-note, value 10l. five other Bank-notes, value 25l. one other Bank-note, value 2l. six Rochester, Chatham, and Stroud Bank-notes, value 60l. and five other Rochester, Chatham, and Stroud Bank-notes, value 25l. the property of the said Nathaniel .

(The case was opened by Mr. Knapp.)

NATHANIEL SWAN sworn. - On the day mentioned in the indictment, I went with Mr. Larkin, into the second tier of boxes, in Drury-lane Theatre , about ten o'clock at night; I observed the prisoner in the same box, sitting right behind me, there were several other persons in the box; I had in my pocket-book one hundred and seventy-two pounds in Bank of England notes, and Rochester notes, in my left-hand coat-pocket, I had a surtout coat on; he sat right behind me, just by my left-hand pocket; the prisoner had quitted the box about a quarter of an hour, when Mr. Larkin applied to me for a pencil; I put my hand to my pocket, and missed my pocket-book and all the contents; I then looked round and the prisoner was gone; I made no alarm, but applied to Mr. Larkin; we went immediately to Bow-street, and there we got Limbrick and Pickering, two officers, and returned with them to Drury-lane Theatre; we took our stations in the saloon, Pickering saw the prisoner coming out of the Theatre; upon secin us he made an attempt to run back, but he was taken into custody immediately, and brought out into the saloon, and between his shirt and his skin, under his left arm, notes to the amount of one hundred and seventy-two pounds were drawn out, eighty-seven pounds in Bank of England notes, and eighty-five pounds in Rochester notes; they corresponded exactly with the notes I had lost, in number and amount; he said he found them in the second lobby of the Theatre; he was then taken into custody.

Cross examined by Mr. Knowlys. Q. When you tell us what he said, I believe you have omitted one part of what he said - did he not say he found them loose upon the floor, without any pocketbook? - A. He did.

Q. This was on the 7th of March, and the weather cold? - A. Yes.

Q. Had you taken your great coat with you to the I heatre? - A. Yes.

Q. Had you left that great coat in the care of the door-keeper? - A. I did.

Q. Did you not, at the time, suspect you had left your pocket-book in your great coat pocket, and go back to search it? - A. Mr. Larkin suspected it, but I did not.

Q. Then, in consequence of Mr. Larkin's suggestion, you did go back and search the pocket? - A. I did.

Q. The prisoner was sitting in the same box that you were, at one part of the entertainment? - A. Yes.

Q. Your party consisted only of yourself and Mr. Larkin? - A. Yes.

Q. There were several others in that box in which you were situated? - A. The door opened in the centre, and there could not sit more than one or two at most behind me.

Q. Then the box was full? - A. Yes.

Q. At this time a great part of the audience had come away? - A. Yes.

Q. The prisoner therefore had had an opportunity of leaving the house if he had been so disposed? - A. I believe he had.

Q. And yet it was nearly an hour, from the time that you missed your pocket book to the time that you apprehended him? - A. It was.

Mr. Knapp. Q. There were only two persons in the seat behind you? - A. That was all that I could at that time distinguish.

Q. Did you observe whether the prisoner and that other person appeared to be in company? - A. I did not.

- LARKIN sworn. - Examined by Mr. Knapp. I was at the Theatre with Mr. Swan; I saw the prisoner in the box in which Mr. Swan sat, I sat in the next box; the prisoner either sat behind him or along side of him I am not certain which.

Cross-examined by Mr. Alley. Q. Do you know if the door-keeper to whom the great coat was delivered is here? - A. I don't know.

JAMES LIMBRICK sworn. - Examined by Mr. Knapp. I am one of the officers of Bow-street: in consequence of the desire of Mr. Swan and Mr. Larkin I went to Drury-lane Theatre, in company with Pickering; in consequence of their description of the prisoner, I apprehended him; I did not know him, Pickering did; the prisoner was coming out from the boxes into the saloon.

Q. When you apprehended him did he say any thing? - A. No, (produces the notes); I found them rolled up together and tucked in between his shirt and his coat, part of the way down his coat-sleeve; there are two of 20l. five of 5l. one of 10l. and one of 2l. all Bank of England notes; a 10l. Bank post bill; six of 10l. and five of 5l. Rochester, Chatham, and Stroud bank-notes.

Court. Q. Which do you call the second lobby of the Theatre? - A. Up one pair of stairs; I think they call it the coffee-room.

RICHARD PICKERING sworn. - Examined by Mr. Knapp. I went with Limbrick, and apprehended the prisoner, I knew him before; Limbrick asked him what he had got there; he said they were notes; he asked him what notes; he said Banknotes; he asked him what Bank-notes; and he said he did not know; he said he had found them.

Cross-examined by Mr. Knowlys. Q. You found no pocket-book upon him? - A. No.

Mr. Knapp. (To Mr. Swan.) Q. Who did you receive these Bank-notes from? - A. From the Rochester bank; I received them from Mr. Dohan.

STEPHEN DOHAN sworn. - Examined by Mr. Knapp. I am clerk in the Rochester bank; I know Mr. Swan perfectly well.

Q. Did you, at any time, pay Mr. Swan any money? - A. Yes, several times, (refers to his book);

here is an entry of my own; I paid him one 5l. one 10l. two 20l. English Bank-notes, four of 10l. of our own Bank, and four pounds in cash.

Q. Look at those two 20l. Bank of England notes, and see if those are the two that you paid to Mr. Swan? - A. The numbers and dates correspond.

Prisoner's defence. My Lord, and Gentlemen of the Jury. On the 7th of March I went to Drury-lane to see the enterainment; I took my seat in the second tier of boxes; it was very warm; I went out to take a little air, and kicked some papers before me several times; at last I picked them up, and found them to be Bank-notes; I intended to put them into my inside coat pocket, but they had shipped inside my waistcoat; I went back into the box, and staid till the entertainment was over; when I was coming out, I saw Pickering, whom I knew; we spoke to each other, and as I was coming towards the door, Limbrick laid hold of me; Mr. Swan said, in his first examination, that he took his seat at the top of the house, and that it was there that he missed his notes, and now he swears that he was in the second tier of boxes, which is two stories from the top; as to robbing Mr. Swan, I am intirely innocent.

GUILTY , Death , aged 28.

First Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-69

362. WILLIAM GROVER was indicted for feloniously stealing, on the 13th of March , a sack, value 2s. and two bushels and a half of oats, value 12s. the property of William Batt and Matthew Batt .

WILLIAM BATT sworn. - I live at West Drayton : on the 13th of March I lost two bushels and a half of oats, or thereabouts, from my cart; the oats were found by the constable.

Cross-examined by Mr. Alley. Q. Is the carter here? - A. No.

- STONE sworn. - I am constable of the parish of West Drayton; On the 13th of March William Batt appled to me; the prisoner was cutting chaff in my barn, near the cart; I searched my own barn, while he was gone to get some beer, and found two bushels and a half of oats in a sack; I immediately went to Batt, to let him know I had found them; after Grover had locked the barn up, and left work, between seven and eight o'clock, Mr. Batt came to examine the oats, and see if they were the same; he said, they were his oats, and likewise the sack; about ten o'clock at night, Batt's brother locked me and his brother into the barn, and went away; while we were locked in the barn, about a quarter before twelve, Grover, the prisoner, came, and tried with a key; after that he hit eight or ten very had knocks against the door, and it opened; he then came into the barn, took the oats upon his back, and just as he had got into the road, I got over the barn lift after him, and immediately collared him; he then threw the oats down, and immediately resigned himself up to me.

Cross-examined by Mr. Alley. Q. You know nothing of their being taken away? - A. No.

Q. Who the person was that took the oats, you cannot pretend to say? - A. No.

Q. He might be only the receiver, for any thing you know? - A. I told him, if he would tell me if any body had played the rogue with the oats, I would give him five pounds.(The sack was identified by the prosecutor).

The prisoner left his defence to his Counsel.

GUILTY , aged 21.

Transported for seven years .

First Middlesex Jury, before Lord Kenyon.

Reference Number: t18010415-70

353. ELEANOR GIBSON, alias M'CARTY , and RICHARD BARRETT , were indicted, the first for feloniously stealing, on the 12th of April , sixteen plates, value 6s. nine knives, value 6s. and five forks, value 2s. 6d. the property of Thomas Simpkin , and the other for receiving parcel of the same goods, knowing them to have been stolen .

MARY SIMPKIN sworn. - I am the wife of Thomas Simpkin; I don't know any thing of the loss.

- HILL sworn. - I am cook to Mr. Simpkin, at the Crown and Anchor, in the Strand : On the 12th of April I saw the prisoner Gibson put some knives and forks in her pocket; she was our kitchen maid; about a quarter of an hour afterwards I saw her again, the knives and forks were poking out of her pocket; I then called the second cook down, and he saw them; a constable was then sent for.

WILLIAM ROBINSON sworn. - I am a constable of St. Clement's; I was sent for to search the prisoner, and found she was very heavy loaded; I found sixteen plates in her pockets, they were in four separate pockets; she would not let any body search her but a constable, (produces the plates and knives and forks); I took the prisoner to the watch-house, and, after some inquire, I found the man prisoner at the Sun public-house, and upon him I found five knives and two forks; one of the knives has the mark of the Crown and Anchor Tavern upon it; he told me they had been given to him by a woman of the description of the other person, he described her as a woman in a dirty black gown, without a bonnet, and sevant of Mr. Simkin's; he said, he thought there was no harm in it.

Gibson's defence. I throw myself upon your Lordship's mercy.

Barrett's defence. I had them from this woman to keep till the came again; I did not know any harm in it.

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

Gibson, GUILTY , aged 49.

Confined two years in the House of Correction .

Barrett, NOT GUILTY .

First Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-71

364. VALENTINE HENLEY was indicted for feloniously stealing, on the 16th of March , two handkerchiefs, value 7s. the property of George Ensor .

GEORGE ENSOR sworn. - Q. What are you?

A. I have been called to the bar: On the 16th of last month, between three and four o'clock, I was robbed a few steps on this side Temple-bar , as I was coming into the City on the Temple side of the way; there was a slight press; I felt hand go into my right hand pocket; I turned round, caught the prisoner at the bar, pulled open his surtout coat, and found two handkerchiefs, partly under his arm, and partly exposed; they were new handkerchiefs, I had just bought them. (Produces the handkerchiefs).

Cross-examined by Mr. Alley. Q. Might you not have lost your handkerchiefs before you had got through Temple-bar? - A. It is scarcely possible.

Q. Did not the prisoner say he had picked them up in the street? - A. I cannot say.

The prisoner left his defence to his Counsel, and called two witnesses, who gave him an excellent character. GUILTY , aged 40.

Transported for seven years .

London Jury, before Mr. Recorder.

Reference Number: t18010415-72

365. GEORGE HUNT was indicted for feloniously stealing, on the 18th of March , six pounds weight of wool, value 18s. the property of Emanuel de la Torre .

HENRY COOPER sworn. - I am a lighterman, and agent to the house of Emanuel de la Torre; the prisoner is a carman ; in consequence of having detected wool in two other carts, on the 18th of March I went to the prisoner's cart; I asked him where his hay-basket was; he said, it was under the cart; I found concealed in that basket six pounds of wool, with some hay at top; he said, he did not know how it came there; the wool that he had been delivering was Mr. de la Torre's wool,(produces it); it is Spanish wool; there was not any other wool in the River at that time but this, and there was none landing, not a bag; I have no doubt of its being Mr. de la Torre's.

GEORGE LINDSEY sworn. - I am a constable; I was sent for to take the prisoner into custody.

SAMUEL FREAKE sworn. - I am foreman at the warehouse; I had missed some wool not half an hour before the discovery; it must have been taken in coming from the water side to the warehouse; I think this is Mr. de la Torre's wool, but I cannot swear to it.

Prisoner's defence. I did not know there was any thing besided hay in the basket; who put it there I don't know.

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

London Jury, before Mr. Recorder.

Reference Number: t18010415-73

366. EDWARD TREVETT was indicted for feloniously stealing, on the 25th of February , eighty-four pounds weight of lead, value 5s. the property of Alexander Dalrymple , fixed to his dwelling house .

Second Count. Charging it to be fixed to a certain building of his.

Third Count. For stealing like lead, not charging it to be fixed.

- BAILEY sworn. - Mr. Alexander Dalrymple is a lessee under the Duke of Portland, at NO. 57, High-street, Marry-le-bonne ; Mr. Dalrymple did not live in the house at the time the lead was taken, nor had not for two years.

Q. Was it not occupied by any servant of his? - A. No, nobody; it has been empty; I have lived with him upwards of twenty years, and kept his books; on the morning of the 26th of February, the pump was brought to me; the prisoner was then in custody: I saw him at the office

Cross-examined by Mr. Gurney. Q. You lost a pump? - A. Yes.

Q. And you found it again? - A. Yes.

Q. Was it a complete pump? - A. No, the handle is wanting.

PATRICK BUCKLEY sworn. - I am a labouring man; I was calling the hour between eight and nine o'clock in the evening, in High-street, Mary-bonne, I detected the prisoner with the pump upon the shoulder; I asked him where he was going with it; he told me he was going to the plumber's in East-street; I had a foul suspicion of him, and I charged another watchman with him; he went past the plumber's, and chucked the pump down; he ran away; I am sure the man who was brought back was the same man.

Another Watchman sworn. - I saw the prisoner; I asked him where he got the pump, and he told me from Mr. Woollet's, a cow-keeper; he said, he was going to take it to the plumber's, in East-street; he went past the plumber's, threw down the lead, and ran away; he ran about a quarter of a mile; I pursued him, and he hid himself in a trench in a garden; when I got close to him, he got up and ran away; a gentleman's coachman stopped him, I am sure he is the same man.

HENRY BETTS sworn. - I belong to Mary-le-bonne watch-house: On the 24th of February, before I took the prisoner to the office, he told me, voluntarily, where he had the lead from; he said

he had it from one of the houses at the top of High-street; I took it to the house the next morning; it had been fixed to a kind of warehouse.

Q. Have you any doubt that it came from those premises? - A. No.

Mr. Gurney. Q. There is the whole of the pump except the handle? - A. Yes.

ANN HAWKINS sworn. - I know this to be Mr. Dalrymple's pump, I have known it a great many years; it was apt to leak after frosty weather, and I used to take a hammer, or a chopper, and beat it together, I have done that repeatedly.

Bailey. I saw the pump fitted to the place, and it corresponded exactly; it had every appearance of having been fresh cut.

The prisoner left his defence to his Counsel, and called two witnesses, who gave him a good character. GUILTY , aged 32.

Transported for Seven years .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18010415-74

367. JOHN-HENRY WACKERBARTH was indicted for feloniously receiving, on the 16th of July , two thousand five hundred pounds weight of sugar, value 100l. part and parcel of certain goods whereof Peter Perry , alias Parry, at the last Assizes for the county of Surry was convicted of stealing, he knowing the same to have been stolen .

(The case was opened by Mr. Garrow).

Mr. RAWLINSON sworn. - (Produces the copy of the record of the conviction of Peter Perry.) I have examined it, it is a true copy. (It is read.)

WILLIAM SHAFTO sworn. - I am a Landing-waiter, in the employment of the Customs: I superintended the landing of the cargo of the ship Neptune, at Barr's Wharf, (refers to his book); the landing commenced on the 30th of June, and was finished prior to the 10th of July; the 8th or 9th of July, there were three hundred and sixty chests of sugar, the weight is one thousand one hundred and fifteen hundred weight, and two pounds gross, it was Havannah sugar; upon the second weighing, - there was a deficiency of eight tons, thirteen hundred, two quarters, and twenty-three pounds; it being foreign sugar it is under the joint lock of the King and the Merchant.

JOHN MURPHY sworn. - Examined by Mr. Garrow. I was employed as a watchman by night, and a labourer by day, at Barr's wharf; it is called Simmons's wharf; Gehan worked with me; we were employed in changing sugar out of cases into puncheons.

Q. While you were doing that were there any other vessels prepared by Perry? - A. Yes; four puncheons, one tierce, one barrel, and one hogshead; Perry was the foreman of the wharf; I got orders and the worst was put into the puncheons for the merchants, and the best for themselves; they were neither scrapings nor sweepings.

Court. Q. In what words was that order given? - A. To fill those casks with the best when a good case came; it was put into place by itself in the fallow warehouse, and instead of putting that into the hogsheads for the merchants, it was put into the puncheons; they would sometimes throw the merchant in an odd shovel full of the best, and take the rest themselves.

Q. In this way how much was carried away? - A. Four puncheons, one tierce, one barrel, and one hogshead; I helped to roll them down through the master's yard, through the private yard of Mr. Barr's house; it was eight days before we had completed it; I had nothing besides my wages, which was eighteen-pence a day, except I used to get an odd drink of beer.

WILLIAM GEHAN sworn. - Examined by Mr. Serjeant Best. I am a labourer at Barr's wharf; I assisted in taking sugar out of the packages of the ship Neptune; I received orders from Perry, when it ran good, to fill four puncheons, a tierce, a barrel, and an hogshead, and to put them into the tallow warehouse; I helped to roll a hogshead and two casks out of the yard, and helped to load them into Mr. Cleaver's cart.

JAMES WATERMAN sworn. - Examined by Mr. Garrow. I am carman to Mr. Cleaver; I carried two puncheons of sugar from Barr's wharf to Mr. Wackerbarth's.

Cross-examined by Mr. Erskine. Q. Have you any reason upon earth to believe that any more than those two puncheons went to Mr. Wackerbarth's? - A. No.

Q. In the conveyance of the sugar you are now speaking of, did it run at all? - A. Greatly indeed, it run all over the cart, and dripped out as it went along; it was of a very dark-brown colour; it appeared to be dirty; I scraped some of it out of the cart for fear I should have a noise about it.

Q. Have you been accustomed to convey sugar in carts? - A. Yes.

Q. Did you ever see sugar appear like this? - A. I never saw any so bad before.

Mr. Garrow. Q. How were your casks coopered? - A. Very badly coopered.

Q. Not in the way merchants usually cooper their sugar? - A. No.

Q. And it was hot weather? - A. Yes.

Mr. Erskine. Q. Would good sugar have that appearance? - A. No.

JOSEPH HORT sworn. - Examined by Mr. Garrow. I am one of the clerks at Barr's-wharf: In consequence of something that Perry and Haynes told me, I went to Mr. Wackerbarth's in the month of July.

Q. Perry has been convicted, and Haynes has fled? - A. Yes; I went to Mr. Wackerbarth's, he was not at home; I spoke to the clerk first, and then Mr. Wackerbarth came in; I told him I had

come from Barr's wharf for the payment of two puncheons of sugar; Mr. Wackerbarth applied to his clerk to know what quantity, and what sum; the clerk told him, and then he wrote a check.

Q. Look at that? - A. That is the same check.

Q. In what way did you make out your bill of parcels? - A. Messrs. G. Wackerbarth and Co. to the clerks of Simmons's wharf, two puncheons of sugar; I do not recollect the exact weight, but to the best of my recollection, it was 18 cwt. at 38s. amounting to 34l. 6s.

Q. Did you receive the cash upon that check? - A. I do not recollect.

Q. What was your share of the plunder? - A. Fifteen pounds.

Q. How much did you receive from the other house? - A. Haynes received 60l. it was divided between the clerks of Barr's wharf, Haynes, the King's locker, and the coopers.

Q. They are not servants of the wharf? - A. No; 94l. 6s. was all that I know of.

Cross-examined by Mr. Gibbs. Q. When you applied to Mr. Warkerbarth, he applied to his clerk, Mr. Beaumont, who id dead? - A. Yes; he told him the quantity, and the sum.

Q. I believe you know that Mr. Wackerbarth voluntarily produced this check before the Magistrates? - A. Yes.

Q. Immediately that it was asked for? - A. Yes.

Mr. Garrow. (To Murphy.) Q. Was there any difference in point of quality between the puncheons that went to Mr. Wackerbarth, and those that went elsewhere? - A. Much on an average, all the best and the brightest.

BENJAMIN GRAY sworn. - Examined by Mr. Garrow. I am a broker engaged in the sugar business.

Q. What was the value of Havannah sugar in the month of July? - A. Havannah sugar in the month of July was worth from 70 to 86s. per cwt. without the duty; I believe the duty is 37s. or therabouts.

Q. Havannah sugar is a particular kind of sugar? - A. Yes.

Cross-examined by Mr. Gurney. Q. You are speaking of found, undermaged sugar? - A. Yes.

Q. I take it for granted, sugar damaged by seawater would not be so valuable? - A. It would not.

Q. Is Havannah sugar, after it has been damaged by sea-water, distinguishable from sugar of our own colonial produce? - A. I cannot say.

Lord Kenyon. From what I have heard of Hamburgh causes, I believe it does not penetrate very far.

Mr. Garrow. Q. You have sold some of the Neptune's cargo? - A. Yes.

Q. Suppose that which went to Mr. Wackerbarth's to be the best and brightest, what was it worth? - A. The best of it, in the month of July, was worth 86s.

Q. Which you know, by having sold some? -Yes.

You sold the damaged sugar which was sent to the merchants? - A. Yes; and that brought from 74 to 88s.

Mr. Gurney. Q. Including the duty? - A. Yes.

(The prisoner put in a written defence, which was read, as follows:)

Gentlemen of the Jury, - I leave my case to my Cousel, and all mintue observations upon the Crown's evidence, as well as that which I shall offer in my defence to your Londship's humane consideration, in stating it ot the Jury hereafter; I have only a few observations to make upon that part of the proof that applies to me, for as to all that part of it which establishes the guilt of the seller, I am not interested in resisting it, and feel as much regret and indignation upon the subject, as can possibly be felt by the Court. The case, as far as I am affected by the evidence, is shortly this: The clerks at the wharfs have been accustomed to receive, as a perquisite, the drainings and sweepings of the sugar, and there is no evidence whatever of any previous knowledge on my part, or of any of my servants, of the condition of this cargo of sugar, or of the frauds practised upon the wharf, regarding it; I was wholly ignorant, until Hort, the witness, came for the money in payment for it; I referred therefore to Mr. Beaumont for the quality and amount of the sugar, which I had neither seen nor contracted for; the bill of parcels was "to the clerks of Simmons; wharf;" and having nothing to conceal, or any management to practice, instead of paying in money which common sense would have dictated, it I had considered the transaction as dishonest, or irregular, I made it payable by a draft upon my banker; and so wholly unconscious was I of guilt or dishonour, that even when the fraud of the seller was detected, and I was before the Magistrates, I spontaneously produced the check, and delivered it into their possession. This is the whole of the transaction which could have been proved by Beaumont, who is since dead; I regret that Divine Providence had deprived me of testimony so important, but I declare most solemnly, in the presence of God, that I had given him no instructions, directly or indirectly, respecting this sugar; that I had no concern in the contract till Hort applied for the money, and no knowledge of any such sugar till I paid for it, when I referred to Beaumont for the price and quantity, and drew the check. This transaction took place in the middle of July, and the sugar, which I never saw, was taken to the scum-house, and worked up in the ordinary course of business; it was not till two months afterwards that the frauds were detected, and it was then im

possible to appeal to the quality. I am not, however, without the means of repelling the evidence of Gehan and Murphy; their account of the sugar is inconsistent with the account given by the carman who carried it, as to the quality and value; and it will appear, by the evidence of several intelligent witnesses who were employed in working it, to be a mixture of sugar, water, and flush, and smelling strongly of far; that it was not worth more than the money given for it; that it failed even in the process of converting it into bastard-sugar, and was only sit to be made into treacle in the scum house; surely this ought to outweigh the evidence of two men who are accomplices in the original guilt. This is all which it is necessary for me to state, to lead your attention to the evidence, as I am affected by it, and I ask no more. I take as strong an interest as any man can do, in the protection of the trade of this great City, from the innumerable frauds it is subject to; and strongly, as I contend my innocence, and feel the humiliation of so public an appearance at this bar, I bear it with chearfulness, when I recollect the advantage that will be derived to the merchants, in exposing the frauds that are practised, and by which many men may be circumstanced, as I am, when even by accident, or misfortune, or, at the very worst, the incaution of his servant, he may be involved in the appearance of guilt. I am far removed, by my situation in life, from the temptation to commit the crime with which I am charged. Had the evidence brought against me been positive and unsuspected, I could not have appealed to situation and character; but, in a case like the present, when guilt is only to be established by inference, I am persuaded the justice of the Court, and even the candour and humanity of the Counsel for the prosecution, will concur in the testimony of the most honorable men well acquainted with trade. I trust, that I shall not only be acquitted by your verdict, but that my character will be delivered from suspicion.

Mr. Gurney. (To Murphy.) Q. Was there not a great quantity of far in the warehouse? - A. There was some all about.

Mr. Garrow. Q. Was there any in the fallow warehouse? - A. No; there was some at the door over which they were rolled, but to prevent its touching, they put down some of the broken cases to roll it over.

For the Prisoner.

EDWARD OGLE sworn. - Examined by Mr. Erskine. I am a wharfinger, and have been fourteen or fifteen years.

Q. Do you know what is the practice with respect to the drainings of sugar? - A. The sweepings and the drainings of the sugar upon the wharf are allowed to the wharfinger, or any person he shall appoint to sell them, for the purpose of keeping the warehouses clean; that is a resolution of the West-India merchants, and a practice known to all who are interested in the commodity; the wharfinger is to dispose of the sweepings and drainings if he pleases, or he may give them to his clerk in order to keep the warehouses clean; if that was not to be done the warehouses would be knee deep.

Q. Are you acquainted with the prisoner at the bar? - A. I am not.

Cross-examined by Mr. Garrow. Q. Are these warehouses, which you say but for this would be knee deep, your's? - A. Yes.

Q. And the persons employed in them are your servants? - A. They are gangsmen.

Q. Employed by you? - A. Yes.

Q. For which you are reimbursed by a small profit from the merchant? - A. No; the gangsmen are appointed by the wharfinger to superintend that part of the business, and they have the porterage.

Q. Which they have from the merchant? - A. Yes.

Q. What may be the value of a wharfinger's clerk's place? - A. I don't know; if it was a considerable matter, I should think the wharfinger would take it himself.

Q. Is it understood that the price which the west-India merchant pays to his wharfinger includes an obligation to superintend the business, or is it a sinecure? - A. Certainly to superintend it.

Q. Is it a part of the perquisite of sweepings and scrapings, to prevent its being knee deep, to take three parts of a hogshead. - Is that the course of the trade known and approved by the whole body of West-India merchants? - A. Certainly not.

Q. If it was, the West-India merchants must be the greatest fools that ever lived. - I take it, the scrapings are small quantities of droppings from the bulk of the commodity? - A. Yes.

Q. Did it ever occur under your eye, as a wharfinger of reputation, as I know you are, to see your labourers taking out the best of the commodity for their own perquisite, and leaving the flush only for the merchant? - A. Certainly not.

Q. Is that a sort of thing which falls within the description of perquisite? - A. No.

Q. Did you ever know perquisites to the clerk amount to eight tons and a half of the best and brightest? - A. No.

Q. If such a thing did occur, should you not think it a most nefarious thing? - A. Yes.

Q. Does it frequently happen, in the management of one ship's cargo, that there shall be sent out from your wharf four puncheons, one barrel, one hogshead, and one tierce, as perquisites of sweepings and scrapings? - A. Certainly not; if it had I should have paid for it as a wharfinger.

Mr. Erskine. Q. Though a ship's cargo could not have scrapings to such an amount as these wicked men have taken, might not such a quantity as two

puncheons be accumulated, not from one ship's cargo, but from many, so as to be sold as drainings and scrapings? - A. Most undoubtedly.

Q. Therefore, supposing me to be a scum-boiler, and I, not knowing where it came from, might have purchased fairly and honestly to such an amount? - A. Yes, and more.

Mr. Garrow. Q. If it is collected fairly, some today, some to-morrow, some next week, and from different cargoes, will it be all bright, and of the same quality? - A. I know nothing of Havannah sugars.

Q. Is Havannah sugar so common a commodity in the market, as that in a short space of time it would be probable that sair scrapings and sweepings would amount to two puncheons? - A. It depends upon quantity.

Court. Q. By management, or rather mismanagement, may not scrapings and sweepings be increased? - A. Undoubtedly.

Mr. Garrow. Q. Do you mean to say, from the quantity of Havannah sugar imported into this country, which is comparatively small, there would probably be an accumulation of two hogsheads as a perquisite? - A. If the cargo came in damaged, I don't know what it might do, it depends upon the quality of the goods; I have known a hogshead pass the scale that has run a pail-full.

Q. We know that this is not like the ordinary colonial produce, it can only come here in one of two ways, either as prize, or by misfortune, under the King's key; I ask then, is it likely that such a quantity should be accumulated from any one ship's cargo, to any wharfinger's clerk? - A. It certainly would not.

Mr. Erskine. Q. Considering the quantity that might run from damaged sugar, or the scrapings and drainings from damaged sugar, if two puncheons were brought to a scum-boiler by the clerks of a wharf, is it a quantity so unlikely to arise from such a cause that the man must immediately see it was not scrapings and sweepings? - A. No; the quantity is not enormous.

Mr. Garrow. Q. Is it a part of the custom to make no enquiries? - A. I never sold any, and therefore I cannot say.

Q. Is this molasses and scrapings worth thirty-eight shillings - upon your oath, is it worth more than fourteen shillings? - A. I can mention one circumstance - last year a hogshead of sugar fell into the water, and was with great difficulty saved; it was taken up upon a tarpaulin, Mr. Wackerbarth bought it, and gave forty shillings for it; it was worth seventy or eighty shillings before it fell into the water.

Q. Had you the curiosity to see how far the water had penetrated? - A. No.

Q. Thames water is very different from the North Foreland, I fancy, - supposing it to be fair scrapings, reduced to molasses by sea-water, observe, mixed with tar, and running about in the cart, do you mean to represent, that thirty-eight shillings is any thing about the price? - A. I would answer the question if it was in my power, but I really don't know sugars at all.

Mr. Garrow. - (To Hort.) Q. Have you, upon any occasion besides this, had dealings with Mr. Wackerbarth for fair scrapings? - A. Yes, drainings and scrapings, two puncheons, he gave me fourteen shillings per hundred weight; it was very dirty, scraped off the floor.

Q. Upon your oath, which was the best of the two? - A. The Havanah sagar,

Q. Did you ever before get, for any scrapings, thirty-eight shillings? - A. No.

GODFREY WERTZ sworn. - Examined by Mr. Gibbs. I am a boiler at Mr. Wackerbarth's.

Q. There are two Mr. Wackerbarth's, father and son? - A. Yes; I remember, in July last, Mr. Cleaver's cart coming from simmons's wharf with two puncheons, Mr. Beaumont, the clerk, was there, he is now dead; Mr. Beaumont took the bung out, and looked at them, he put a stick in and examined it all over; some of the stuff worked out upon the floor, it was in a liquid state; I examined it, it contained water, dirt, and sugar, mixed together, and a very strong smell of tar; I sent it to the scum-house.

Q. Mr. Wackerbarth is a sugar-baker and scumboiler ? - A. Yes; this was not for any thing else, it was not fit to be sent to the sugar-house; they were not worth more than thirty-eight shillings per hundred weight.

Q. How long have you been employed in this trade? - A. For thirty years; it was more than a fortnight working up in the scum-house; but I took very little notice of it after it first came.

Cross-examined by Mr. Garrow. Q. I have got some of this to sell, will you give me thirty-eight shillings for it. - I should drive a hard bargain with you, should not I? - A. At that time it was not worth so much.

Q. Sweepings and scum is not worth more than fourteen shillings per hundred weight, is it, upon your oath? - A. According to what it is.

Q. No man ever dreamed of giving twenty shillings? - A. I am no judge of sweepings.

Q. Is the stuff ordinarily sent to the scum-house bought at so high a price as twenty shillings a hundred weight, upon your oath? - A. According to what it is

Q. Was not your master int he habit of giving fourteen shillings for it at that time? - A. Yes.

Q. What was the value of bastard sugars at that time; if they were good bastards, after a fortnights labour, would they not sell at four pounds the hundred weight? - A. Yes; but there is a great deal of waste.

Mr. Gibbs. Q. In your judgment, what was this worth? - A. If I was to buy it myself, I would not have given more than thirty-six shillings.

DANIEL RAGAN sworn. - Examined by Mr. Gurney. I am a scum-boiler to Mr. Wackerbarth: I remember, in July last, Mr. Cleaver's cart coming from Simmons's wharf with sugar, Wertz was there, and Beaumont was there; it was leaky, and ran a good deal.

Q. When it was craned up, did you see what it was? - A. No, not till it came down again; it did not suit to make any thing more of it than molasses, and it was sent down again.

Q. Did you attempt to work any part of it into bastard sugar? - A. Yes, but it did not succeed; it looked a little better than common scrapings, but it smelt of tar.

Q. Why was it better? - A. There was a little more sugar in it than there is in the ordinary scrapings; there was no dry sugar in it though at all.

JOHN SINGER sworn. - Examined by Mr. Erskine. I am a scum-boiler, Ragan works along with me: There were two puncheons came in July last, conthining water, dirt, and sugar; we made a trial of it for bastard sugar, but it would not do; we were two or three days trying it, and it spoiled the rest; I gave it to Ragan to make treacle of it, it was not fit for any thing else; it was made into treacle, we were very near a fortnight about it.

EDWARD KEMBLE sworn. - Examined by Mr. Gibbs. I have known Mr. Wackerbarth about four years; he paid his addresses to a niece of mine, and at that time I had occasion to enquire into his character, and I found his character to be equal to that of any man in the City of London; I believe no man would scorn to do a bad act more than he would, he always conducted himself with a great deal of properiety in point of honesty and morality.

(Mr. Thomas Kemble , Mr. Alderman Hibbert, Sir William Herne , Mr. Rucker, Mr. Dixon, and Mr. Samuel Dixon , were also called, and gave him an excellent character).

Lord Kenyon. All the evidence that presses against this gentleman is, that seeing the bill of parcels describing it to be so much the hundred weight, he gave a check upon his banker for the amount; I do not say it is not evidence to have some weight, but it is not that forcible evidence, that if it came without other evidence to support it I should much have pressed upon a Jury. The prosecution is as fit an one as ever was instituted, the safety of the merchants of London seems to me to be involved under the protection which the law holds out to them, by subjecting people who do wrong to prosecutions. I confess it appears to me, that neither the wharfingers, or any body employed for the wharfingers, care one single farthing whether the property is protected or not; instead of protecting it, they hold out hires and temptations to plunder, to those who ought to protect. I put one question to Mr. Ogle, whether management, or rather mismanagement, might not increase the perquisite? Oh, undoubtedly it may. So thus, the very persons who have the care of the property have every temptation, and find it their own interest to neglect their duty to the public, and this the wharfinger ( I don,t know the gentleman, I dare say he is a good man upon the Exchange of London) says, without the least hesitation, as if it was right; I confess I do not think it right, it is shameful, scandalous, and infamous. I could hardly believe there might not be some little exaggeration in the accounts which the West-India merchants have given of the unprotected state in which they are, but I am ready to believe it now up to that extent; I only mention this, because I think the cause is of the very last importance. Upon the question whether the sugar was stolen or not, the Jury, in Surry, have decided; but they have not decided that point so that it might not be enquired into here; and God forbid it should, when another person's guilt, or innocence, is to be enquired of. I certainly agree with the verdict given by the Jury in Surry, but the present enquiry, with respect to the prisoner at the bar, is of a different nature; I was ready to make an observation or two, when the evidence for the prosecution closed, but I reviewed my notes, and put my own judgement, to try it again in my own breast; I thought, upon the whole, it would be fit to go further, and see upon what ground character should put this case, for this is a case in which, of all others, character is the most momentous - in a doubtful case. I was you to shew, that this gentleman was present at the contract which Beaumont made; for though in civil contracts the principal is bound by the act of his agent, yet an agent cannot transfer the criminality of an act so as to make the principal answerable for that criminality if he has no part or share in it. god forbid that any thing I say should reflect upon the character of this gentleman, but it seems to me that the whole evidence resolves itself to this must it be so apparent to this gentleman, as a man of business, that these sugars, or whatever they might be, must be worth so much more than the thirty-eight shillings, that it must carry demonstration home to his mind that they could not have been fairly come by? - I cannot feel my mind verging toward an assent to that proposition.

Mr. Garrow. Certainly every purpose for which this prosecution was instituted, with respect to this gentleman, is already answered; I mean to state in the outset, that his character, up to this time, had been as irreproachable as it could possibly be. The business of to-day, I am perfectly satisfied, must be of some value to the West-India merchants; it will be their own faults if it is not.

Lord Kenyon. When there is a something in either

scale, and the matter is doubtful, character is to be thrown in; character is then of more use than any quantity of pounds, shillings, and pence, that can be produced against him. I know nothing of the gentleman at the bar, but this I know, if a man of fortune does offend, it is much fitter that he should be picked out as a subject of prosecution, he having no temptation, from the pressure of the times, deserves punishment much more than when the assent to a wicked act is given by a poor person; the example of the punishment of one man of fortune, will do infinitely more good to society, than millions of the poor wretches who are crawling about the streets in wretchedness and beggary. I ought not to conclude without bearing testimony, that this person is not reached by the evidence that has been given, and that his character will, in my opinion, if you find him not guilty, go from hence unstained. NOT GUILTY .

First Middlesex Jury, before Lord Kenyon.

Reference Number: t18010415-75

368. SARAH LESTER was indicted for feloniously stealing, on the 4th of April , a silk cloak, value 4l. and two yards of cotton, value 6s. the property of James Tims , in his dwelling-house .

ANN TIMS sworn. - I am the wife of James Tims , a publican : On the 4th of April, I lost a cloak, and two yards of cotton; the cloak cost me six guineas, the cotton is worth six shillings; I lost them from a box which was locked in my bed-room; the prisoner did live servant with me, but had left me about seven months; she went away without the least notice; after she was gone, I found the box unlocked, and missed some articles from it; she was taken up on suspicion, and the duplicates of my property found upon her.

JOHN PARRY sworn. - I am servant to Thomas Brown , a pawnbroker, (produces a silk cloak); I took it in of the prisoner on the 4th of April, and on the 6th, a piece of cotton. (Produces it.)

Mrs. Tims. I know these to be my property.

JOHN MARSDEN sworn. - I am a constable; I apprehended the prisoner; I searched her, and found upon her two duplicates, (produces them); they are pledged in the name of Auckland.

Prisoner's defence. I did not steal these things; I picked them up.

GUILTY , Death , aged 22.

First Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-76

369. JAMES WILLIAMS was indicted for feloniously stealing, on the 5th of March , a pewter quart pot, value 14d. the property of Walter Tombs .

WALTER TOMBS sworn. - I keep the Carpenter's Arms in Adam-street, Edgware-road : On the 5th of March, between eight and nine in the morning, in consequence of information, I pursued the prisoner, and took a quart pot from him in Seymour-street, about forty yards from my own house; it was covered with an old apron in a basket; I lost sight of him while he turned the corner. which was not two minutes.(Henry Belts produced the pot, which was identified by Tombs.)

Prisoner's defence. I was going through Seymour-street, and a gentleman's servant asked me the favour to take two pots for him to the next public-house.

Tombs. He was going the contrary way from my house.

The prisoner called his serjeant and corporal, who gave him a good character.

GUILTY , aged 29. - Confined twelve months in the House of Correction , and fined 1s.

First Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-77

370. MARY WILLIAMS was indicted for feloniously stealing, on the 26th of March , in the dwelling-house of Sarah Hannah , two Bank-notes, value 4l. the property of William Shears .

WILLIAM SHEARS sworn. - On the 26th of March I fell in company with the prisoner; I had before that wrapped up my notes in a piece of paper and put them in my waistcoat pocket; I had two two-pound notes and a one pound that I had received from the agent, at Craig's-court; I went with the prisoner to her lodgings.

Q. Were you drunk or sober? - A. I was sober, I was perfectly aware of what I was about; I went to bed with her, and when I awaked the next morning I missed the two-pound notes, and the one-pound note was lest; I told the prisoner I had lost them; and she said it must be her maid servant; she went to look after her servant; she came back, said it might be in my pocket; I went to Bow-street, and got an officer; the prisoner said she did not know any thing of my property, except the two-pound note; but upon being threatened to go to Bow-street, she said the mistress of the house had got it for the rent of the room; the mistress of the house produced it.

SARAH HANNAH sworn. - Q. You keep this bawdy-house, don't you? - A. It is a lodging-house; I was in the kitchen a washing, and a woman of the name of Simmons, the prisoner's servant, brought me a two-pound note, which I delivered to the officer.

WILLIAM BLACKMAN sworn. - On the 26th of March I went to Mrs. Hannah's house; I found the prisoner, and she said that her servant had taken a two-pound note, and paid her rent with it; I went to Mrs. Hannah, and she gave me the two-pound note, and I took her into custody.

The prisoner did not say any thing in her defence. NOT GUILTY .

First Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-78

371. TIMOTHY BLIGH was indicted for fraudulently embezzling the sum of eight pounds, the property of his master, Thomas Burks .

THOMAS BURKS sworn. - I am a tallow-chandler , Queen'-row, Knightsbridge; the prisoner was employed by me to receive money for me; George Murray lives in Russell-street, Covent-garden , he deals with me for candles; he paid 20l. in February, and on the 13th of March I sent the prisoner with a cart loaded, to a wharf in Thames-street, to be shipped for Guernsey; it contained boxes of candles; I saw the cart that same day, about two o'clock, drive away from my own house, and at that time there was 8l. due to me.

Cross-examined by Mr. Gurney. Q. Did not the prisoner enter in his books this 8l. that he received from Mr. Murray? - A. No.

Q. Have you the books here? - A. Yes, (produces them); there was an entry made of 10l. received from Mr. Murray on the 26th of January,(reads the entry), "Mr. Murray, copper, 10l." meaning copper money; it does not say by whom received; the entry is in his own hand-writing; about the beginning of February, 20l. was received from Murray by Syset; on the 26th of January Mr. Murray paid nothing.

Q. He has brought to account as paid by Mr. Murray 30l.? - A. Yes; the whole debt of Muray was 31l.

GEORGE MURRAY sworn. - I am a cheesemonger and grocer, in Russel-street; I have had dealings with the prosecutor; in the beginning of January I was indebted to him 31l.

Q. Did you pay him any thing in the course of that month? - A. No, I did not; I paid him 20l. some day in February, but I cannot say what day; and on the 13th of March I paid the prisoner 8l. in penny pieces.

Q. Out of the 31l. that you owed Mr. Burks you have paid 28l.? - A. Yes.

Court. (To Burks.) Q. These entries he charges to himself? - A. No.

Mr. Gurney. Q. Can you now state positively that there is a deficiency? - A. Yes.

Q. Before the Magistrate you could not? - A. There is a deficiency now of 12s.

Q. Do you mean to say there is now a deficiency of 8l.? - A. I mean to say there was a deficiency of 8l. from Friday, the 13th of March, till Monday, the 16th; there was no entry at all on the 13th; I made an entry on the 16th of 7l. 8s. which was the money he received; Martin, the carman, then brought 7l. 8s. before I came home on the Monday.

Q. Can you now then speak with positiveness of there being a deficiency of 12s.? - A. Yes.

Q. Can you venture to say positively that the prisoner has brought no more money to account? - A. No, he has not.

Q. Then you are perfectly sure there is now 12s. deficient? - A. Yes.

Mr. Gurney. (To Murray.) Q. When you paid the 8l. the prisoner and Martin were in company? - A. Yes.

Q. They were put into the cart, of which Martin was the carman? - A. Yes, they were.

Court. (To Burks.) Q. When the prisoner had made an entry of 10l. copper money received from Murray on the 26th of January, did not you find that you had 10l. less than you ought to have? - A. No; that 10l. was entered, "Mr. Murray, copper," only, the figures 10l. were not entered then; it was entered between the 26th of January and 13th of March; the entry Mr. Murray, copper, signified, that next time he went that way he was to call for copper; I do not know when the 10l. was entered; it was after the prisoner had been charged before I observed it; I am sure it was not there at the time.

Q. How often do you cast up your books? - A. That was lest to Bligh, he had the management of all the books, he was in-door clerk; he discharged the ledger from that cash-book.

Mr. Gurney. Q. When you charged the prisoner with this, you took him up? - A. I took him up before he was charged.

Q. Then after he was taken up, he had no access to that book? - A. No; here is another book,(producing it); here is "Murray, 20l." and then there is a leaf torn out, and upon that leaf, I remember seeing it wrote, "call at Mr. Murray's for ten pounds worth of copper," that was wrote by syset, the collecting clerk; that ten pounds were never received.

Mr. Gurney. Q. Who was the little book kept by principally? - A. Kept by the prisoner to discharge it; this is the in-door clerk's book, but when the out-door clerk went out, he always took it in his pocket.

HENRY MARTIN sworn. - I am carman to the prosecutor; as we were coming with the cart from Thames-street, the prisoner said, there are 10l. in penny-pieces left at Murray's, we may as well call for them; we went to Murray's, and he brought them out in a tub; Mr. Murray said, there are 8l. worth of them; they were taken out of the tub, and put into an empty candle-box; and as we were going along home through Piccadilly, Bligh said, we shall whack this between us, Harry, for Murray has already got a receipt for it; when we got back, I went into the stable, and took my bag that holds the corn for the horses, and took the copper out of the box, and put them into the bag, the bag was full; I took them to Mr. Bligh's, put them into his bed-room, and left them; when I came back, I found that I had left 8s. worth in the cart, they had shook out of the bottom of the box; I put them in the corner of my smock-frock, and

went to the factory; I told Mr. Bligh I had left them all at his house, except the 8s. worth; he said no more to me about the money till Monday; on Monday afternoon Bligh said, for God's sake bring back these penny-pieces, for your master is gone the City round himself to-day; I took the 8s. worth of penny-pieces, to Mr. Bligh's, and found him and his children counting them out of a chest of drawers; he took 8s. worth from me; I took them upon my back to Mrs. Burks, and Mrs. Burks asked Mr. Bligh to make a memorandum of them, and he said, they are already made a memorandum of.

Cross-examined by Mr. Gurney. Q. Where did you come from to-day? - A. From Clerkenwell New Prison.

Q. You have been kept in prison to give evidence here? - A. Yes.

Q. You were taken up yourself for this? - A. Yes.

Q. And you said, if they would not charge you with it, you would tell of Bligh? - A. I was not charged with it.

Q. How came you to be taken up then, and sent to Clerkenwell? - A. I was taken up upon suspicion of breaking open my master's desk.

Q. You were the man that brought the money home, and we have only your word for all this conversation with Bligh? - A. Yes.

Q. Upon your oath, upon being taken up for breaking open your master's desk, did you not say, if they would not prosecute you for that, you would accuse Bligh of having advised you to take these halspence? - A. They did not say any such thing to me.

Q. I ask you, whether you yourself did not make the offer of accusing Bligh, if your master would not prosecute you? - A. I never touched the desk.

Q. I did not ask you that; were you not under some degree of alarm at being taken up and sent to prison? - A. No.

Q. You swear you were under no alarm at being prosecuted? - A. No.

Q. Perhaps you had no idea that your master would prosecute you? - A. I did not know.

The prisoner left his defence to his Counsel, and called four witnesses, who gave him a good character. NOT GUILTY .

First Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-79

372. WILLIAM CHAPMAN was indicted for feloniously stealing, on the 27th of March , two sash-weights, value 5s. the property of Thomas Caw , an apron, value 6d. the property of James Williams , and a pocket-book, value 2s. the property of Robert Thomas .

THOMAS CAW sworn. - I am a Scotch factor ; the prisoner was my porter : On Monday, the 27th of March, in consequence of a search, I found in a closet which he had in my warehouse two sash-weights; he had the key of the closet in his possession; I saw them taken out by the constable; two or three days after I saw an apron taken out from under his bed; after that the prisoner sent an order to me to give up a trunk of his that was in my house: I sent for a constable, who broke it, open, and in it I found a pocket-book, (produces the property): I missed two sash-weights, which I believe to be these.

Cross-examined by Mr. Alley. Q. How long has the prisoner lived with you? - A. The beginning, of January last.

Q. You are not foolish enough to take a person into a confidential situation, without a character? - A. No.

Q. What is your partner's name? - A. Steele.

Q. The house was preparing for you and your partner to go into business? - A. Yes, but the premises are my property; I did not take any partner till the 3d of March.

Q. Was not the property of that house belonging to the partnership account? - A. No.

Q. Do you mean to swear that the weights were concealed? - A. I believe they were concealed from me.

Q. You did not live in the house, did you? - A. No.

Q. The prisoner had the care of the property in the house? - A. Yes.

Q. These weights were concealed between the bed and the sacking, were they not? - A. No, they were upon a shelf.

Q. These sash-weights were fixed to the freehold? - A. They were taken down by the carpenters.

Q. Had you ever asked him for these weights? - A. No.

Q. How long was he in custody before you thought fit to charge him with this? - A. He was taken up on the Friday, I cannot say exactly, but I think it was about a week.

Q. Did he not send for you to give him a character before the Lord-Mayor? - A. He told the Lord-Mayor that his master would give him a character, and at that time I had discovered the weights in his closet.

Q. Did you not solicit him to go for an East-India soldier? - A. Yes.

Q. And was it not upon his refusal to go for an East-India soldier, that you thought proper to charge him with felony? - A. No.

Q. Do not you know that he prevented the carpenters from taking away what they called chips, but which he called pieces of wood, of your property? - A. I believe he did.

Q. Do not you know, that in consequence of that, they charged him with stealing this apron? - A. He said so.

JAMES WILKINS sworn. - I have been in and out at work these three months where the prisoner was porter; I was there on the 21st of February, and this man interrupted me, and I told his master of it, and he told him of it; in the afternoon he interrupted me again; he came in where I was at work, and he offered to fight me, and then I pulled off my things; I pulled off my apron, and put it upon the packing-case; I asked him whether he would shake hands with me first; he took hold of my hand, and went out of the room; he said he would not fight me there; and when I was putting on my things, I missed my apron; I asked him if he had seen it, and he said he had not; this is the apron; I tore one of the strings out.

Cross-examined by Mr. Alley. Q. You are a carpenter? - A. Yes.

Q. A master carpenter? - A. No.

Q. The prisoner was to superintend, and see that his master was treated honestly? - A. He ought to do.

Q. He thought it fit to interrupt you, did he? - A. Yes; I never attempted to take any thing; there were some of the men did, but I did not.

Q. Did you not take away wood, under pretence of their being chips? - A. I did not.

Q. Did not your companions? - A. They might, but not to my knowledge.

Q. Upon your oath, do not you believe that they attempted to plunder his master of that which he was placed there to protect? - A. I did not see it.

Q. Do you believe it? - A. They might, for ought I know.

Q. Do not you believe they did? - A. I cannot tell, they might.

Q. Do not you know he quarrelled with them, and they threatened to be revenged of him? - A. Not that I know of.

Q. How long after he was taken up was it that you charged him with stealing that apron? - A. On the Friday after.

Q. And it was cunningly contrived to be found under his bed? - A. I was not there.

Q. You were alone in the house, after he was taken up, were you not? - A. I was not.

Q. But your companions were? - A. I cannot say.

ROBERT THOMAS sworn. - I am clerk to Mr. Caw; I lost a pocket-book, but I cannot say when; I saw it taken out of the prisoner's box; I had lost it from out of my desk, or off my desk, I cannot say which, I had missed it a week or two before; I asked the prisoner if he had seen it; he said, no, he had not, he wondered I should ask him, I should have taken care of my pocket-book.

Cross-examined by Mr. Alley. Q. You call yourself clerk to Mr. Caw? - A. Yes.

Q. How long have you lived with him? - A. rather more than three months.

Q. How many clerks has he? - A. One more.

Q. Do not you know that that clerk and the prisoner had a bargain about some cloaths? - A. He gave him them to sell.

Q. Did you never hear the prisoner say that there was a pocket-book found in the pocket of one of the coats? - A. No.

Q. Is the other clerk here? - A. No.

Q. Look at the pocket-book? - A. It has my name in it, and memorandums that I can swear to.

Q. Who was it first desired you to swear against this man for stealing this pocket book? - A. I cannot say.

Q. Was it not one of the carpenters? - A. No.

Q. Who was it then, was it merely out of your own head? - A. I cannot say exactly that.

Q. Upon your oath, did not one of the carpenters, or your fellow clerk, desire you to swear to the pocket-book - A. They asked me if I could swear to it.

HENRY MACKWELL sworn. - I am a constable; I was present when the box was opened; I saw the pocket-book taken out, and delivered to Thomas; I was present when the sash - weights were found.

The prisoner left his defence to his Counsel.

NOT GUILTY .

London Jury, before Mr. Recorder.

Reference Number: t18010415-80

373. JAMES PEARCE was indicted for feloniously stealing, on 4th of March , a saddle, value 10s. the property of John Fernybough , privately in his stable .

WILLIAM HARTY sworn. - I keep an ironmonger's shop, at Watford; I left my saddle from the Bull-Inn, Holborn , Mr. Fernybough keeps it : On Wednesday, the 4th of April, I came to London; I put up at the Bull, and the next morning I called for my horse, but the saddle was missing; I was going to Deptford, and borrowed a saddle; I had seen it about six o'clock the evening before, upon a crate of glass in the yard; I had reprimanded the ostler for leaving it there; I saw it again the Saturday night following at Mr. Smith's, a sadler's, in Long-lane.

Q. What is the value of the saddle? - A. Ten shillings.

Q. Will it sell for ten shillings? - A. I dare say it would.

JOHN SLATER sworn. - I am ostler at the Bull-inn: On Wednesday, the 4th of March, Mr. Harty came to town; I took his horse, and put it in the yard; I put it in the stable about seven o'clock in the evening; I hung the saddle up behind the door, there was no lock to the door; the next morning I could not find it; on Friday, the 6th. I saw a saddle advertised at Guildhall; I knew the saddle as well as Mr. Harty, I know it to be his; I saw it at Mr. Smith's, in Long-lane; I know it

by its having no sadler's name to it, and one of the girths has been lined; it has been spliced with a bit of the same.

JOSEPH SMITH sworn. - I am a sadler, in Long-lane, Smithfield: On Thursday, the 5th of March, about nine in the morning, the prisoner at the bar came to my shop, and asked if I bought second-hand saddles; he said he had looked after a gentleman's horse, that the gentleman had sold his horse, and given him the saddle; he did not say who the gentleman was, but he said he would go and fetch it; I told him to let me see it; accordingly he went away, and brought it, he asked me 15s. for it; he said he had brought it from the Ram Inn, Smithfield; I told him I would go to the Ram Inn, and if it was all right, I would pay him for it; we sat off to go to the Ram together, till we came to the corner; he crossed over to Cow-lane, I followed him, and overtook him; I said, my friend, that is the Ram Inn over there; he said, no, he was going into Holborn; I asked him where he was going to in Holborn, he said, to the Bull Inn; I said, you had better take the saddle with you, it is not worth my while to run all over London about it; he came back with me, thinking to take the saddle again, and when we came to my shop, I told him to go in and take the saddle; we went in, and I shut the door; he said it was his property; I then sent for a constable, and the next day he was taken to Guildhall, and the saddle was advertised; on the Friday the ostler came, and said he would not undertake to swear to the saddle, but would write to the gentleman who owned it; Mr. Hartley came to town, and I shewed him the saddle, which he claimed; I have had it ever since. (Produces it).

Q. What would that saddle sell for? - A. Fifteen shillings perhaps, or something more.

THOMAS HARRISON sworn. - I am a constable: I was sent for to take charge of the prisoner; he had a bundle with him, a pair of overalls, containing some tinder, steel, matches, candle, and knife, in his pocket; the saddle was deposed to by the prosecutor.

Prisoner's defence. The saddle was given to me.

GUILTY, Death .

( The prisoner was recommended by the Jury to his Majesty's mercy, on account of the property being so near the value stated in the Act of Parliament .)

London Jury, before Mr. Recorder.

Reference Number: t18010415-81

374. WILLIAM ROBERTS was indicted for feloniously stealing, on the 27th of February , a paper bag, value one halfpenny, and thirteen pounds weight of tobacco, value 25s. the property of Robert Haynes , George Haynes , and John-Daniel Haynes .

JOHN-DANIEL HAYNES sworn. - I am a tobacconist, in partnership with George and John Haynes , in Aldersgate-street ; the prisoner worked in our manufactory.

SAMUEL HARPER sworn. - On Friday, the 27th of February, about eight o'clock in the evening, I received information that a person, at a public-house in Shoreditch, the sign of the Holy Well, was offering a quantity of tobacco for sale; I went with Ferris, the prisoner was at the door; he had two parcels in his apron when we stopped him; I took one from him, and Ferris took the other; we then told him he must go with us to the Magistrate, I know the lad, and knew he was in the tobacco line; in our way to the Justice's, he said, Mr. Harper, I did not take it all at one time; when he came to the Magistrate, he said where he got it from, and he was committed; the next morning Mr. Haynes came to the office, (produces a parcel of tobacco); it is manufactured tobacco.

RICHARD FERRIS sworn. - (Produces another parcel of tobacco.) I took this from the prisoner.

WILLIAM EVERITT sworn. - I am a warehouseman to Mr. Haynes; the prisoner was porter .

Q. (To Haynes). Can you swear to the lots of any tobacco? - A. No, it is impossible.

The prisoner left his defence to his Counsel, and called two witnesses, who gave him a good character. NOT GUILTY .

London Jury, before Mr. Recorder.

Reference Number: t18010415-82

375. JANE WELCH, alias WATKINS , and MARY MOORE , were indicted for feloniously stealing, on the 21st of February , two seven-shilling pieces , the property of Wm. Ennis.

JOHN ENNIS sworn. - William Ennis is my father; he keeps a milk-shop : On the 21st of February, about a quarter past eleven at night, I was coming through Cheapside to Rosemary-lane; I turned round at the corner of Friday-street, the prisoner Welch came up to me, and asked me if I had any money; I answered, what is that to her; says she, my lad, I want to speak to you; and as I was standing, I felt her hand at the side of my breeches pocket, I then put my hand to my pocket, and missed two seven-shilling pieces that I had wrapped up in a ballad; I had taken them of Mr. Ford, in Swallow-street; I put my hand down, and sound the lining of my pocket turned half out; I then caught hold of the prisoner Welch, and said, she had robbed me; Mary Moore, who was going down on the other side of the way, crossed over, and then I saw Jane Welch give Mary Moore the money, and she put it into her pocket; then I caught hold of both of them, and held them till assistance came; John Bush, the watchman, came up, and they were taken to the watch-house; Mr. Meane took the money from Moore.

Q. Did you find your ballad? - A. Yes, in the

street, about ten minutes or a quarter of an hour after they were searched.

Q. What was the ballad about? - A. The tune was Geho Dobbin; the constable has got it; it was found at the place where she robbed me; I had no more money about me.

JOHN BUSH sworn. - I am a watchman: On the 21st of February, I was called to take the prisoner, Welch, into custody; I took her to the watch-house upon Mr. Haywood's charge, at the corner of Friday-street; Welch's pockets were turned out, but there was no seven-shilling piece found upon her; Moore was searched, and two seven-shilling pieces found upon her; I afterwards went with the boy to Friday-street, and there I found the ballad; that was about ten minutes afterwards.

- MEANE sworn. - I am the inspector of the watch, and constable of the Ward: On the 21st of February, the two prisoners were brought to the watch-house, charged with robbing the boy of two seven-shilling pieces; I searched Welch, but found nothing upon her; I ordered Mary Moore to pull off her pocket, and in shaking her pocket, out dropped the two seven-shilling pieces; she said they were not her's, neither did she know how they came in her pocket; I then sent the watchman with the boy, and the ballad was brought back by Bush; I have the money and the ballad. (Produces them).

Q. Is there any print at the top of it? - A. Yes, three men; it is about the butchers and the bakers, and forestallers and farmers.

Q. Do you know if the word shufflers was wrote under the picture? - A. Yes; the three shufflers.

THOMAS HAYWOOD sworn. - I live in Friday-street: On the 21st of February, in my way home, I found the first witness, and these two women, in the street; when I came up, the boy had hold of the little one; he told me she had robbed him of two seven-shilling pieces; he shewed me his breeches pocket, which was then turned out; he said, he saw her give something to the other woman; I then called Bush, and they were taken to the watch-house and searched; previous to Moore being searched, she said she had no money at all about her, and upon being searched, two seven-shilling pieces were found upon her.

JOHN WOODHOUSE sworn. - I am constable of the night; I know no more than the inspector.

Welch's defence. I had been with a young fellow all day that had given me half-a-guinea, and two seven-shilling pieces besides; when they took me to the watch-house, I had the two seven-shilling pieces in my pocket, they sell out of a nutmeg grater; this woman knows nothing at all of it, I had not seen her for two months; the boy came down Friday-street, and asked if I had seen a little woman go down; I said, no, you little dog, I have not, and then he laid hold of me, and said it was me.

Moore's defence. I am as innocent as the child unborn.

Welch, GUILTY , aged 42.

Transported for seven years .

Moore, NOT GUILTY .

London Jury, before Mr. Recorder.

Reference Number: t18010415-83

376. JOHN SMITH and JOSEPH SMITH were indicted, the first for feloniously stealing, on the 31st of March , a cotton gown, value 5s. the property of Jane Browning , and the other for receiving the same, knowing it to have been stolen .

JANE BROWNING sworn. - I lodge in Mary-le-bonne-lane : In consequence of information, I went into the yard, and missed my gown from off the line; I then went to Joseph Smith 's, an iron shop, and found my gown, that was about ten minutes after I missed it; when I went into the shop; the gown laid on the floor: I told him, that was my gown, and he told me to take it away, he would have nothing to do with it; I took it away, and gave it to the constable.

Q. Do you know any thing of John Smith? - A. Yes; I found him in Joseph Smith 's shop.

Cross-examined by Mr. Alley. Q. When you found the gown, it was lying upon the shop floor? - A. Yes.

Q. Did not the prisoner, Joseph Smith, tell you that he would not purchase it, because it was wet? - A. Yes.

JAMES MEADOWS sworn. - I am a plaisterer: I was going up Mary-le-bonne-lane, I saw two men before me, about four yards from the prosecutor's door; I crossed the way, and saw them go up to the prosecutor's door, which was open; there they made a full stop, and into the house they went, both of them; the front door and the back door were both open; I stepped back, and saw the prisoner, John Smith, pulling a gown off the line; then I saw the other man come out, and John Smith followed with a gown in his apron; I saw him go into Joseph Smith 's, which is an iron shop; I then acquainted the prosecutrix of it, and went with her to Joseph Smith's house, John Smith was then coming out; I took him by the collar, and took him into the shop; Joseph Smith said, he had not bought it; he had it in his hand, he threw it down, and the young woman took it up; we got a constable, and he was taken up.

Cross-examined by Mr. Alley. Q. Joseph Smith was not committed, I believe, by the Magistrate? - A. No; the first time I saw him, was last Saturday morning.

HENRY BETTS sworn. - I am a constable, (produces the gown): I searched John Smith, and found upon him these two keys, one of them is a latch key, these flints and a knife, (producing them); also

a seven-shilling piece, a sixpence, and a half-crown.

Cross-examined by Mr. Alley. Q. Was it your desire that the prisoner, Joseph Smith, should be indicted? - A. No.

WILLIAM JACKSON sworn. - I am an officer: I did not apprehend Joseph Smith , he was apprehended by Warren, and a life-guards-man, upon another charge. (The gown was deposed to by the prosecutrix).

John Smith 's defence. I went into this gentleman's shop to ask him if he would buy two old keys; in the course of that time, another man came in, and chucked down the gown.

Browning. There was nobody else in the shop but the two prisoners.

The prisoner, Joseph Smith, left his defence to his Counsel.

MARTHA STAPLES sworn. - Examined by Mr. Alley. I live at No. 65, Mary-le-bonne-lane, next door to Smith's house: I was there at the time John Smith came in, he asked Joseph Smith to purchase a gown; Joseph Smith said, he would not buy it; he said, my friend, I will have nothing to do with it, by reason it is wet; then a man and a woman came to enquire about the gown; I was standing upon the stairs.

Q. (To Browning.) Q. Did you see the stairs? - A. Yes.

Q. Did you see any woman upon the stairs? - A. No, I did not.

John Smith, GUILTY , aged 37.

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

Joseph Smith, NOT GUILTY .

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18010415-84

377. JOHN TIFYARD and THOMAS BOLT were indicted for breaking and entering the dwelling-house of Sir Lucas Pepys , Bart. about the hour of eight, in the night of the 25th of March, with intent the goods therein being burglariously to steal .

JOHN THOMAS sworn. - I am servant to Sir Lucas Pepys : On the 25th of March, between eight and nine o'clock, there was an alarm given that somebody had broke into the garret; I went up with the rest of the family, into the garret, the garret window was open, and several wet foot marks upon the floor from the window; the next house was an empty house, and there were evident marks of men's feet in the gutter leading from the next house, we found nobody in the garret; there was then an alarm, that three men had come out of the empty house into the garden; I then went into the Mews, and there I saw the prisoner, Bolt, just secured by the coachman, William Nicholls ; there were marks of men's feet over the wall into the next garden, and in that garden we found a dark lantern; I went with the constable through the empty house, and the back area appeared to have been forced by some iron instrument; we tried the shoes of the prisoner, and they fitted the marks in the garden and in the garret; one shoe in particular that was wore very much on one side, and which was claimed by Tisyard.

ELIZABETH WALLACE sworn. - I am housemaid in Sir Lucas Pepys's family: I fastened the shutters of the garret window with an iron bar; I was sitting at work, about half past eight o'clock, in the floor below, underneath the back garret, with the door open; I heard a little noise, and I went to the bottom of the garret-stairs, I thought it was a noise in the street; I sat to work again, and then I heard a little noise again, I heard the shutter opened which I had fastened just before; I then went into the laundry, which overlooks the empty house, and there I saw three men come up out of the area of the empty house; they had shoved the garret window up, and by putting in their arms they might have unfastened the bar, with something in their hands.

WILLIAM NICHOLLS sworn. - I am coachman to Sir Lucas Pepys: I caught the prisoner, Bolt, getting over the garden wall of the next house but two, in King-street Mews; I had heard the alarm, and placed myself against the wall to watch; when I had caught him, I took him to Mount-street watch-house.

SAMUEL LOWE sworn. - I am coachman to Lady Baggot, who lives two doors from Sir Lucas Pepys : On the 25th of March, I heard an alarm of thieves; I pursued the prisoner, Bolt, over the wall into Mr. Martindale's garden; I assisted in taking him to the watch-house.

JOHN PIDDINGTON sworn. - I am constable and watch-house keeper of St. George's, Hanover-square: On the 25th of March, the two prisoners at the bar were brought to me by the witnesses; I searched them, this knife I found tucked up the coat-sleeve of Tifyard; upon Bolt I found this knife and a key; after I had locked the prisoners up, I heard there were foot-marks, and I took the prisoner's shoes off, and matched them to the footmarks of both the prisoners, and they corresponded as exactly as my judgment will allow me to say, particularly one of the shoes, which was very much worn on one side, and had caused a twist of the heel; I saw this dark lantern in the garden, (producing it); it was picked up by one of the witnesses, and delivered to me.

WILLIAM ROBINSON sworn. - I am servant to Sir Lucas Pepys: I went up stairs with the rest of my fellow-servants, and found the window forced open, and the marks of wet feet; I then looked through the key-hole in the front of the empty house, and saw a light; I went round into King-street Mews, and told the coachman to give a sharp look out; the prisoner, Bolt, got over the wall of Mrs. Masters's garden, and I assisted in taking him.

Tifyard's defence. As I was coming down Park-lane, I heard an alarm of thieves, I saw a great many people run, and there was a stable-door open, and five or six of us went in together; there was one had a pitch-fork, and he sent me to get a light, and then I was taken.

Bolt's defence. I was in pursuit, and got upon the wall, but could not get over because of the spikes, and I was taken directly.

Tifyard, GUILTY , Death , aged 26.

Bolt, GUILTY , Death , aged 20.

Second Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-85

378. MARY SPILSBURY, alias MATILDA BODMAN , was indicted for feloniously stealing, on the 27th of February , four yards of tiffany, value 10s. the property of James Bossam , privately in his shop .

CATHERINE BOSSAM sworn. - I am the wife of James Bossam , I am a milliner; it is a private house, there were workmen in the house, and the door was open for them.

Q. People must knock at the door to come in? - A. Yes; the prisoner came into the parlour, and asked me if she had left some sarsnet, a few days back, to make a bonnet; I told her, no; there was a milliner's a few doors lower, it might be there; she thanked me, and went out; about half an hour after she was gone, I missed four yards of tiffany from the table; she was in the parlour some minutes before I knew it.

WILLIAM SMITH sworn. - I keep the shop below stairs, in the same house, with Mrs. Bossam: I took the prisoner to Bow-street for another offence, and while she was there, she asked leave to go into the yard, one of my young women attended her; and when she came back, I went to examine the privy, and found this tiffany. (Produces it).

Mrs. Bossam. This is my tiffany, I know it to be mine, the selvages were all cut off, and one end cut across, by which I can sweat to it; I am sure it was upon the table when the prisoner came in.

Prisoner's defence. I never knew any thing of the tiffany.

GUILTY, aged 59.

Of stealing, but not privately .

Transported for seven years .

Second Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-86

379. JOHN TURNER was indicted for feloniously stealing, on the 27th of March , a great coat, value 15s. the property of Thomas Buckworth , Esq .

ROBERT NORTON sworn. - I am coachman to Mr. Buckworth: I was driving the carriage up Holborn empty, I was going to fetch my master; a person hailed me that the carriage had been robbed; I looked into the carriage, and missed the footman's great coat; I was rather behind time, and I went on.

JOSEPH MONK sworn. - About five o'clock we took our master out to dinner, I then put the great coat into the carriage, it was about eleven o'clock when it was taken; I afterwards saw it at the office in Hatton-garden.

- ROBSON sworn. - I am a watchman; I was on duty about eleven o'clock, in Holborn: I saw the prisoner at the bar run up to the side of the carriage; after he had run about twenty yards by the side of the carriage, I observed him run away from the carriage, with the great coat in his hand; I then run up to him, took him by the collar, and asked him what he had got there; he dropped the coat, and run away; I made an alarm, and in a very short time he was taken and brought to the watch-house; I am certain the prisoner is the man, I was close to him the whole time. (Produces the coat).

Monk. I know this to be my great coat.

Prisoner's defence. I know nothing of the coat; I was standing talking to an old master of mine, in Fullwood's-rents rank, when they took me.

GUILTY , aged 28.

Confined two years in the House of Correction .

Second Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-87

380. JANE PURTON was indicted for feloniously stealing, on the 2d of March , a silver watch gilt, in a tortoiseshell case, value 3l. 3s. a silk purse, value 6d. two half-guineas, and three seven-shilling pieces , the property of William Ferris .

SARAH FERRIS sworn. - I am the wife of William Ferris , a labouring man ; I am in the milk business: On the 2d of March, about a quarter after four o'clock in the afternoon, the prisoner picked my pocket in St. Martin's-lane , I caught her hand in my pocket; I missed my watch, a silk purse, three seven-shilling pieces, and two half-guineas; it was a silver gilt watch, with a tortoiseshell case; I took her myself upon the spot; she was searched, but nothing found upon her; I had the watch and money about two minutes before; I pushed her against a snuff-shop, and wanted to put my hand in her pocket but she would not let me; I wanted to put my hand in her bosom, and she would not let me; she d-d me for all the b-s she could think of; I did feel my property then in her bosom; the people round me said, I had better take her to the watch-house, he knocked at the door of the watch-house, and then he ran away; about a quarter of an hour afterwards he came back, and said he had got her handkerchief; I knew the people of the watch-house, having served them with milk for seven years.

Cross-examined by Mr. Knapp. Q. There were a great many people about, were there not? - A. No.

Q. You never saw the prisoner before? - A. No.

Q. Have you never recovered any part of your property? - A. No; I have searched every where after the watch, because it was a family watch.

Q. Is this shabby fellow, that you have been speaking of, here? - A. No; he was discharged at Bow-street.

Q. He was taken up, was he? - A. Yes, for concealing it.

PATIENCE EDWARDS sworn. - I am a servant at the White hart, in Fetter-lane; I was at that time out of place: I was in St. Martin's-lane, and saw the prisoner's right-hand in Mrs. Ferris's pocket; I said to her, what business have you with your hand in the woman's pocket; the said, d-n you, what odds is that to you, and gave me a push; I had much ado to save myself from the kennel.

Cross-examined by Mr. Knapp. Q. What are you? - A. A servant.

Q. You never were taken before any Justice in your life? - A. No.

Q. Will you swear that? - A. Yesterday I was at Guildhall, before the Lord Mayor; my fellow-servant had taken some brandy, and wanted to lay it to me; she was cleaning the house, and I said, Sarah, you have got something there; I took out of her pocket a little Daffy bottle of brandy, and put it down the sink-hole.

Prisoner's defence. She has sworn very false.

For the Prisoner.

FRANCES APPLETON sworn. - Examined by Mr. Knapp. Q. Do you know the girl that has just been examined? - A. Yes, I do; she came to live with me on the 10th of March; I turned her away last Thursday.

Q. Form the knowledge you have of her, would you believe her upon her oath? - A. No, I would not.

Q. You turned her away for no good, I suppose? - A. For lying a bed in a morning; but the had robbed me of a great deal; my husband, and my father, keep the White hart, in Fetter-lane.

The prisoner called two other witnesses, who gave her a good character. GULTY , aged 49.

Confined twelve months in the House of Correction .

Second Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-88

381. WILLIAM ATKINSON was indicted for feloniously stealing, on the 9th of March , a pocket-bood, value 1s. 6d. the property of John Johnstone , Esq . privily from his person .

JOHN JOHNSTONE , Esq. sworn. - On the 9th of March last, I was walking with some gentleman in New Bond-Street , between three and four o'clock in the afternoon, a lady, whom I never had the honour of seeing before, told me my pocket was picked of my pocket-book; she pointed to a man who was gone down Maddox-Street; I was walking between two officers; I disengaged myself from them, and ran after the man, who turned out to be the prisoner at the bar, there was not another man in the street at that time; I went up to him, and took him by the collar; I was about to search him, when a person came up, and told me he saw him throw it away into an area; I still continued holding the man; I went to the house to which I was directed and the servant produced the pocket-book out of the area; it contained Bank-notes, lottery-tickets, and regimental accounts, (produces it); I took the prisoner to Marlborough-street, and he was committed.

ANN THOMPSON sworn. - I was crossing Maddox-street, and I observed the prisoner go up to captain Johnstone, lift up his coat, and take out the pocket-book; I immediately addressed captain Johnstone, and told him a man had picked his pocket, and shewed him the man; captain Johnstone went after him; I saw the prisoner take the pocket-book from under his coat and throw it away; I never lost sight of him; captain Johnstone requested me to go to the Magistrate's with him, which I did.

Prisoner's defence. I never saw the lady in my life before. GUILTY, aged 24.

Of stealing, but not privately .

Transported for seven years .

Second Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-89

382. THOMAS OAKES was indicted for breaking and entering the dwelling-house of John Lawler , about the hour of five o'clock, in the night of the 23d of December, with intent to steal, and stealing a gown, value 10s. two petticoats, value 10s. an apron value 1s. and a gold ring, value 5s. the property of the said John; a pair of silk gloves, value 1s. 6d. and a piece of patch-work, value 6d. the property of Elizabeth Chapman .

Second Count. Charging that he, being in the same dwelling-house, feloniously did steal the like goods, and that he afterwards, in the same dwelling-house, did burglariously break to get out thereof.

MARY LAWLER sworn. - I am the wife of John Lawler , a painter , who keeps a house in Calmel-buildings , the prisoner lodged in the same house; About five o'clock in the morning of the day before Christmas-day, I went out to the cow-house, to milk the cows, I returned about a quarter past five, and found the door broke open, and the things gone.

Q. Did you see the prisoner the night before? - A. Yes; he was at home at ten o'clock, my husband was not at home; the prisoner went in about the same time in the morning that I went in, he went in along with me; Elizabeth Chapman lodges with me, and her chest was gone too.

Cross-examined by Mr. Knapp. Q. Were there any other soldiers lodged in the house? - A. No; there were four soldiers slept in the house, but they did not lodge with me.

Q. How many soldiers are there who sleep in your house? - A. There have been four or five couple.

Q. Men and women? - A. Yes; and their children.

Q. When you returned from milking, you saw the prisoner at the door? - A. Yes.

Q. That you are sure of? - A. Yes; the watchman brought a candle.

ELIZABETH CHAPMAN sworn. - I lodged with Mrs. Lawler, in the parlour: There are several men and women lodge in the house, they are all married couples; I was not at home at the time the house was broke open; I lost my clothes, and my box; there were five gowns, and other things, to the value of twenty pounds; a pair of silk gloves, and a piece of patch-work, have been found since.

JOHN HOBBS sworn. - I am a constable, (produces the gloves, and the patch-work); I found them in the lodgings of Margaret Charlton, about five weeks ago; the prisoner was not in custody then.

MARGARET CHARLTON sworn. - I lodge in Westminster; at the house of Mrs. Atfield: The gloves and patch-work were brought to me by the prisoner, Oakes, on the 24th of December, in the morning, about half past six o'clock; he told me they were his wife's own property.

Cross-examined by Mr. Knapp. Q. What are you? - A. A single woman.

Q. In service? - A. No.

Q. You lodge in Westminster? - A. Yes.

Q. But you came from Newgate last? - A. Yes.

Q. You know, that by giving evidence to-day, you save yourself? - A. I do not know.

Q. Don't you hope it? - A. No; I do not hope to save myself to hurt any body else.

HANNAH WELLS sworn. - I take in washing and ironing: Margaret Charlton brought me a petticoat to pawn for her.(George Clayton, shopman to Mr. Wright, a pawnbroker in the Almonry, produced a gown, two petticoats, and an apron).

Lawler. These are mine; they are all new.

The prisoner put in a written defence, Solemnly declaring he was innocent of the crime, and had proof that he was in Potland Barracks at the time; and also stating Charlton to be a woman of loose and infamous character.

For the Prisoner.

JOHN GOSS sworn. - I am a serjeant in the First Regiment of Foot Guards; The prisoner has been two years and five months in the same company that I pay; I never heard any thing against his honesty; at Christmas last, the greatest part of the regiment was at Portland Barracks, and he was included in that part.

Court. Q. Do you ever permit soldier s who have families to lodge out of the Barracks? - A. Yes; but his family not being so large as some others, he he had not that permission, but he had leave occasionally.

(To Hobbs.) Q. What sort of a house is Lawler's house? - A. It is a house for the lodging of soldiers; it seems to be a decent house.

The prisoner called one other witness, who gave him a good character.

NOT GUILTY .

Second Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-90

383. THOMAS BURRELL and JOHN WESKETT were indicted for feloniously stealing, on the 14th of April , six yards of printed cotton, value 12s. the property of Robert Robinson and William Powell , property in their shop .

Second Count. Charging it to be the property of Robert Robinson , privately in his shop.

JOHN CALLOW sworn. - I am shopman to Robert Robinson and William Powell, linen-draper s, in Broad-street, Bloomsbury : On the 14th of this month, between seven and eight o'clock at night, the two prisoners came in, and asked to look at some pocket-handkerchiefs, and after I had shewn them one or two quantities, they did not like them; then they asked to look at some shawls, and whilst I turned my back to get the shawls, one of the prisoners, Burrell, took a piece of printed cotton off the counter; I did not see him take it, but I immediately missed it, and suspected the prisoners; I immediately searched Burrell, and found it concealed under his apron; I sent for John Collyer , a constable, and delivered them into his custody; I found upon the little one two temnants of printed cotton, the property of some person unknown.(Produces it.)

Q. What is the value of the cotton? - A. Twelve shillings.

JOHN COLLYER sworn. - On the 14th of April about a quarter before eight o'clock, I was sent for to apprehend the two prisoners, at Mr. Robinson's, I put them in the watch-house, that is all I know of it.

Burrell's defence. There was a woman dropped the bundle at the corner of Turnstile, and I picked it up. Burrell, GUILTY , Death , aged 11.

Weskett, GUILTY , Death , aged 10.

Second Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-91

384. JOHN SETON was indicted for feloniously stealing, on the 21st of March , six fowls, value 6s. the property of William Atkinson .

WILLIAM ATKINSON sworn. - On the 21st of March I lost fourteen fowls and two ducks, out of my hen-house, they were locked up the night before; on Sunday morning, the 21st, I found the lock broke open; I saw them again afterwards.

WILLIAM BANBURY sworn. - I am a labouring man, and live at Shepherds' Bush; I stopped the prisoner on Sunday morning, the 21st of March.

with four fowls and two ducks; he told me he had bought them of a waggoner the evening before; he afterwards confessed where he had got them from.

Q. Did any body tell him it would be better for him to confess? - A. Yes.

Atkinson. I saw the fowls the Thursday following after I had been at Bow-street, and was able to swear to them; they were dead; the cock and the drake were very remarkable.

Prisoner's defence. A man that was along with me drew me in; it was the first time I ever did any thing of the kind in my life.

GUILTY , aged 48.

Transported for seven years .

Second Middlesex Jury, before Mr. Justice Heath

Reference Number: t18010415-92

385. RICHARD EDWIN was indicted for feloniously stealing on the 9th of March , a wooden cask, value 1s. two earthen jars, value 1s. a gallon of Coniac brandy, value 12s. and six gallons of gin, value 3l. the property of William Cammack , in his dwelling-house .

WILLIAM CAMMACK sworn. - I am a publican in Wapping ; the prisoner is a soldier , and was quartered upon me: On the 9th of March he wished me a good night, and went to bed as I thought; I soon after went into the cellar to draw a pint of beer, and found him concealed between the liquor cellar door and a but of beer; he said he had made a mistake, and did not know how he came there; I then gave him a bit of candle, and he went to bed; I suspected he had been getting some liquors out of my cellar, and I searched his room; I found a six gallon cask of English gin, and two jars full of brandy; they had all been empty in the room in which he slept; I tasted the gin and the brandy, and, from the flavour. I have no doubt but they were taken from my cellar.

Prisoner's defence. This is a very bad house; it is kept open all night and shut in the day; I was very fuddled; I know nothing about it; there are a great number of bad girls in the house, and when that gentleman has no fiddler he fiddles himself; this is done out of spite; there were two girls swore their lives against his wife, and because I would not take a false oath, sh swore she would do for me. NOT GUILTY .

Second Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-93

386. EVAN JONES was indicted for feloniously stealing, on the 16th of March, twenty yards of Irish cloth, value 42s. the property of Harrison Jackson , in his dwelling-house .

(The case was opened by Mr. Gurney).

HARRISON JACKSON sworn. - Examined by Mr. Gurney. I am a linen-draper , in Oxford-street ; the prisoner was my servant ; he left my service on Saturday night the 14th, and on the Monday called for his wages; I asked him if he remembered, about a week back, going to Mr. Reynolds's; he said, yes, very well; I asked him whether he recollected dropping a quantity of Irish cloth from under his coat; and he said, yes, very well; I asked him where it was, and how he came by it; he said, a cousin of his, who lived with a gentleman in Wimpole-street, had called upon him that day, and desired him to call at the Plough, public-house, in Oxford-street, for a parcel in a brown paper; in consequence of the enquiries I made, I sent for a constable, and took him up; before the constable came, I said, Mr. Jones, if you have robbed me, confess, and I will shew you all - the lenity in my power.

Cross-examined by Mr. Alley. Q. You have a brother who is, I believe, in partnership with you? - A. No.

Q. I do not mean to be impertinent, but has it not happened that your property has been transferred to trustees? - A. Never.

PRISCILLA HUGHES swron. - Examined by Mr. Gurney. I am the wife of John Hughes , No. 17. Devonshire-place, the prisoner is my husband's cousin: On the 14th of March, he brought me a piece of Irish cloth for sale; he told me his master was going to give up business to another man, and all the cut pieces were to be sold at prime cost, and he had bought that bit of Irish, if I would have such a thing, it was a very good article, the price was 2s. 10d. a yard; I told him it was too good an article for me, I never went to so high a price; he begged the favour to leave it, as he was not going home; he left it: On the 16th, he came with Lovett, the officer, and I delivered up the same piece of Irish into the hands of the prisoner, and he gave it to the constable.

RICHARD LOVETT sworn. - I am constable The prisoner was brought to the office, and I took him into custody; I went with the prisoner to the last witness's apartments, where I received this piece of cloth. (Produces it).

Jackson. I know this to be mine, it has my private mark upon it.

Q. Had you ever sold it to the prisoner? - A. No.

Mr. Alley. I believe your mark is the same as your brother's? - A. Yes, it is.

Mr. Gurney. That is a mark in your own hand writing? - A. Yes.

The prisoner left his defence to his Counsel.

GUILTY of stealing goods, value 39s . aged 23.

Transported for seven years .

Second Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-94

387. JOHN LENNARDS was indicted for feloniously stealing, in the dweling-house of John Platt , on the 8th of April , three Bank notes, value 3l. the property of Philip M'Ginnis .

PHILIP M'GINNIS sworn. - On the 8th of

April, I slept at Mr. Platt's, the corner of Downing-street, Westminster , the prisoner slept in the same bed with me; in the morning, when I waked him, I felt my trowsers drawn from under my head; there were two tradesmen lay in the room besides; I missed three one-pound notes out of my trowsers; I reported that I was robbed, and the other two men said, if you have been robbed, it is proper we should he searched before we go to our work; the prisoner was in bed with me at the same time; I told him there was no occasion to search them, I had no mistrust of them; the prisoner wanted me to get up, and he and me would sit up in the bar till the landlord got up; it was then between four and five o'clock; I said, no, the landlord won't be up yet, we can lie a little longer, and the notes may be found; in the morning we both got up, and went down stairs into the tap-room; I asked him if he would be searched; I charged the landlord to aid and assist, and we took him up into the bed-room; he seemed very condescending till we were going to take off his coat, and then he up and gave me a broadside; then the landlord went for a constable; he would not let the constable search him, and I got a man belonging to the Guards to assist there, and the property found upon him.

WILLIAM BLACKMAN sworn. - I searched the prisoner, and found three one pound notes; he refused that I should search him at first; he said if I offered to search him, he would punish me; I found the notes wrapped up like waste paper, he had a great quantity of waste paper in his pocket; he had four wastcoats on, and in the outermost but one I found the notes.

Prisoner's defence. I have two evidences to shew that I had these notes the day before; this man said if he had not given them to the publican, he had lost them, and he did not charge me till a long while after; I sent for the publican twice, and he would not come forward, because he knew he could clear me.

For the Prisoner.

MARY CREIGHTON sworn. - My husband is a seafaring man; I live at No. 62, Cartwright-square: On the 2d. of April, the prisoner owed me four shillings for washing; I saw in his hand three one-pound notes.

Q. Did you see them with your own eyes? - A. I did; he came into the room with the notes in his hand; he was going to pay me, and he had no silver.

Q. What was the occasion of his pulling them out, when he was only to pay you four shillings? - A. He lives in the next room to me, and he said he would pay me when he came back again.

Q. Where did he put them, into his coat, waistcoat, or breeches pocket? - A. I cannot pretend to say.(Three Bank-notes were handed to the witness, collected from different person in Court.)

Q. Look at these notes, and tell us what they are? - A. A two, a ten, and a one.

Q. What time of day was this? - A. Two o'clock in the afternoon.

Q. And he gave you no reason whatever for shewing you these notes? - A. No.

Q. You never had them in your hand? - A. No.

ELIZABETH ANDERSON sworn. - I have known the prisoner eight months; he lives in the same house; I live on the same floor with the last witness: On the 2d of April he went away from his lodgings, and we did not know where he was till we heard he was in trouble; on the morning of the 2d of April he owed me eight shillings, and I saw three notes in the prisoner's hands; I was in Mary Creighton 's room; they appeared to me to be new Bank-bills, but I did not see them particularly.

Q. What day of the week was it? - A. I think it was Thursday.

Q. What was the occasion of his talking to her about these bills? - A. About what he owed her.

Q. Did he give any reason for having the three Bank-notes in his possession? - A. She asked him for what he owed her for washing; he said he had not it then, but what was in Bank-bills; he then took them out of his breeches pocket.

Q. What time of the day was it? - A. It must be between six and seven in the evening; he put the notes in his pocket again, but I cannot recollect which pocket.

Q. Did you ever before in your life know a man pull three notes out of his pocket to shew that he had not any change? - A. No; we supposed it was the produce of his wages.

Q. Did he say so? - A. No.

Q. What brought you into the room at this time? - A. I was sitting in the room; I had been there a great part of the afternoon.

Q. When did you first come into that room? - A. I don't know; it might be five, or it might be four o'clock.

Q. Was it between for and five, to the best of your recollection? - A. I believe it was; I was in the room the whole time till he went away.

Q. You are sure it was long after three o'clock when he went away? - A. Yes.

Q. Are you quite sure of that? - A. Yes; it was between six and seven.

Q. You are quite sure he pulled them out of his breeches pocket? - A. Yes.

Creighton called in again. Q. Are you quite sure he had the notes in his hand when he came into the room? - A. Yes.

Q. And this could not be later than two o'clock you think? - A. No; I think about two.

GUILTY , Death , aged 54.

Second Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-95

388. JOHN CONNOR was indicted for feloniously stealing, on the 16th of March , a muslin gown, value 15s. two petticoats value 5s. and a stone buckle, set in silver, value 1s. the property of William Lovemore .

ELIZABETH LOVEMORE sworn. - I am the wife of William Lovemore: On Monday, the 16th of March, I lost these things from my lodgings; I had seen them about two or three hours before they were taken; I saw them at twelve o'clock, and missed them about three; the prisoner was a stranger to me; I saw the property at the pawnbroker's the next morning; the prisoner was then in custody, and as soon as he saw me he begged for mercy, and said he would take the things out of pledge.

Q. Did you tell him it would be better for him to confess? - A. No, I did not; he owned that he went into the room to take them; I received the property from Mr. Perryman. (Produces it.)

- PERRYMAN sworn. - I took in these things from the prisoner on the 16th of March, between one and two o'clock, as near as I can guess; they are pledged in the name of John Jones, No. 5, Hemming's row; the prosecutor lives about four hundred yards from our shop; I am sure the prisoner is the man; Mrs. Lovemore came to me in the evening, and the next morning the prisoner came with a Jew to sell the goods out.(The property was identified by Mrs. Lovemore.)

Prisoner's defence. On the 17th of March I saw a Jew pick up a paper in Hemmings's-row; I asked him what he had found; and he said, a duplicate of a gown, I told the Jew I would buy the gown of him, and I went with him to the pawnbroker's; the pawnbroker said, he believed I was the man, and sent for a constable. GUILTY , aged 29.

Confined six months in the House of Correction .

Second Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-96

389. RICHARD GREEN and WILLIAM DURDELL were indicted, the first for feloniously stealing, on the 7th of March , a piece of fix timber, value 3s. 6d. the property of Richard Bunce the elder, and the other for receiving the same, knowing it to have been stolen .

RICHARD BUNCE sworn. - I am a dealer in coals ; I lost a piece of timber, and found it in Mr. Durdell's yard; he is a carpenter.

Cross-examined by Mr. Knapp. Q. It was found in the yard in open day-light, was it not? - A. Yes.

Q. Every person going into the yard might as well have seen it as you? - A. Yes.

RICHARD BUNCE , jun. sworn. - On the 7th of March, about half after six in the morning, I saw the prisoner Green take a piece of six timber off a heap, and saw him take it ot Durdell's; I was in the one pair of stairs room; he put it up an end, and placed some feather-edged boards before it; it is worth about 3s. 6d.

JOHN GRIFFITHS sworn. - I am an officer: On Monday, the 9th of March, I went to search Mr. Durdell's premises; he told if there was any thing there he did not know of it.

Court. I am very forty such a respectable looking person as I see now at the bar, should have been brought here; this man takes the advantage of an open yard, and leaves the timber there; I would recommend to you, gentlemen, to acquit him, and there will be no occasion for him to make himself in the least uneasy, there is not the smallest imputation upon his character even upon the evidence for the prosecution.

The Jury immediately found Durdell.

NOT GUILTY .

The prisoner Green put in a written defence, which was read as follows:

My Lord, it is true I took a piece of timber from Mr. Bunce, and I mean to pay him for it; I was starving with my wife, having nothing to do; I am near seventy years old, and have had no work from before Christmas; I had a job to do at Bethnal-green, and I took a piece of timber and left it in Mr. Durdell's yard till I could call for it; I hope the Court will have mercy upon my old age.

GUILTY , aged 78.

Privately whipped and discharged.

Second Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-97

390. JOHN GREEN was indicted for feloniously stealing, on the 11th of April , a she ass, value 7s. the property of James Vint .

JAMES VINT sworn. - I am a green-grocer in Grub-Street: On Saturday, the 11th of this month, I went to Spitalfields market to buy some articles, I tied my ass to a rail, at the corner of a gateway in Crispin-street , and when I came back the ass was gone; I found it the same day at Mr. Bird's; I am positive it was my own ass; I had been in possession of it one time a fortnight, and I bought it the day before I lost it; there is a scar just above the tail, it seems as if the hair had been cut off with a pair of scissors; it was black musled, and a black ring round its eyes; as soon as I found it I went to the office in Whitechapel.

- BIRD sworn. - I am a horse-butcher; the prisoner at the bar brought an ass to me on the 11th of April, about ten o'clock in the morning, to be slaughtered; I bought it of him, and paid him for it; it was fit for nothing else but to be slaughtered.

Q. What was the matter with it? - A. What I call old and worn out.(The prosecutor and prisoner are both Jack-ass men.)

Prisoner's defence. I found it lying down in the street, all but dead. GUILTY , aged 48.

Whipped in the jail and discharged.

Second Middlesex Jury, before Mr. Jusice Heath.

Reference Number: t18010415-98

391. ISAAC GREEN was indicted for feloniously stealing, on the 26th of February , a copper cistern, value 10s. the property of William Pitt .

WILLIAM PITT sworn. - I keep the sign of the Royal Hospital, at Chelsea : On the 26th of February I had removed the cistern in doors to clean it, and on the morning of the 27th I missed it; in consequence of information I went to Bow-street, and saw it.

JAMES GRANT sworn. - I am a patrol, of Knightsbridge: On the 26th of February, at night, I met the prisoner with a copper upon his shoulder, I am sure he is the man; I asked him where he brought it from, and he said he brought it from Fulham, where his sister lived servant; he said he was going to take it to Clerkenwell, to have it new japanned; I told him it did not want japanning any more than I did, and I took him to the watch-house; he then confessed he had brought it from the Royal Hospital, at Chelsea.

Prisoner's defence. I found it coming from Chelsea. GUILTY , aged 24.

Confined twelve months in the House of Correction .

Second Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-99

392. THOMAS M'CANN was indicted for feloniously stealing, on the 8th of April , three towels, value 1s. 6d. and a pair of silver buckles, value 5s. the property of Hill Darley .

HILL DARLEY sworn. - I keep a furniture-warehouse , in Bond-street ; the prisoner was my servant ; I discharged him the 2d of April, and on the 7th I paid him his wages; I had missed a gold snuff-box, and before he went away I searched his box, and found a pawnbroker's ticket, which led to a discovery of three towels; I afterwards found a pair of silver buckles at his lodgings, he himself told me they were his lodgings, I found them in one of his coat pockets.(John Warren, the officer, produced the buckles.)

Darley. These are my buckles.

Cross-examined by Mr. Beville. Q. Did you never give them to any body? - A. No.

Q. You turned him away for drunkenness, not from any suspicion of dishonesty? - A. Certainly not.

Q. Have you never said, that the object of this prosecution was to get at the snuff-box? - A. No.

GEORGE YOUNG sworn. - I am a pawnbroker, No. 1, Sherrard-street, Golden-square, (produces three towels); they were pledged in the name of John M'Cann .

Prisoner's defence. Mr. Darley made me a present of a pair of buckles and shoes too.

Q. (To Darley.) Is that so? - A. It is not.

GUILTY , aged 36.

Transported for seven years .

Second Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-100

393. WILLIAM WILKIE was indicted for feloniously stealing, on the 23d of February , two pigs, value 2l. 2s. the property of Mary Jaques , widow .

MARY JAQUES sworn. - I am a widow; I live at No. 19, Princes-street, Soho : On the 23d of February I turned out two pigs from the stye into the street, about nine o'clock in the morning, and about half an hour after the sow came home without the pigs; on Tuesday, the 24th, I had my pigs cried; one of the pigs was very much spotted, and the other a white pig, with a black spot.

THOMAS THACKER sworn. - On the 23d of February I was standing at my own door, and saw two pigs and a sow the corner of Perkins's-street, and Pye-street; I saw the prisoner catch hold of one of the pigs by its hind leg, it was a very spotted one, and he held his nose so that it should not scream; the sow ran after him about a dozen yards, and then she returned; afterwards the pigs were cried, and I let Mrs. Jaques know what I had seen.

ANN HOPE sworn. - On Monday, the 23d of February, I saw William Wilkie take up a pig between nine and ten o'clock, it was a white pig with a black spot upon it, at the corner of Perkins's-rents.

Q. Did you know William Wilkie before? - A. Yes; I had seen him about the street before.

THOMAS JAQUES sworn. - I am brother in-law to the prosecutrix; I saw the pigs in the morning when they were turned out; one of them was very much spotted with black, and the other had one black spot upon its hip.

- HOEBS sworn. - Mrs. Jaques applied to the office, and I was sent for the prisoner; I could not find him, but he came and surrendered himself at the office.

Prisoner's defence. I am servant to my brother; a boy told me my brother's pigs had got out; I took this spotted pig, knowing it to be my brother's, and carried it in.

For the Prisoner.

JOHN LUDFORD sworn. - Examined by Mr. Knapp. I know the prisoner, he is servant to his brother, a green-grocer, in Dean-street, Westminster: On the 23d of February I was working in Perkins's-rents, between ten and eleven in the morning, I was loading a cart with dust, a boy had told him his brother's pigs were out, and he ran down the court into Pye street, and brought the pig in his arms; from what I could see of it, it was black and white; he took it to his own house.

Q. How do you know what the boy said to him, did you hear him? - A. No, I did not.

GUILTY , aged 20.

Confined twelve months in the House of Correction .

Second Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-101

394. RICHARD JONES was indicted for feloniously stealing, on the 4th of March , a wooden till, value 6d. and two shillings in money , the property of William Inward .

It appearing in evidence that the till had not been removed, the prisoner was ACQUITTED .

Second Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-102

395. THOMAS WALTON was indicted for feloniously stealing, on the 9th of April , four cotton gowns, value 40s. and two petticoats, value 10s. the property of Elizabeth Reynolds , spinster .

ELIZABETH REYNOLDS sworn. - On the 9th of April I had come from Plymouth by the waggon; I stopped at the Fox, at Knightsbridge , I put my box in the passage; I asked it I could have a room there, and they told me, no; I then went to the White Hart , I staid there an hour and a half, and missed my box; I found it again the next day, at the house of one of the witnesses, George Larby ; I unlocked the box, and missed four gowns and two petticoats.

GEORGE LARBY sworn. - I was going to Sloane-street, with some potatoes, about four o'clock in the afternoon, and met the prisoner resting with the box, he could not carry the box; I asked him if I should take it to any place for him, and he offered me sixpence to take it to James-street, Westminster; going along, he said he had just come from the country, and he did not know exactly in James-street where he was going to; I told him that I let lodgings, but they were full at that time; if I could get him a lodging, he might take the box to my house, at Chelsea; he said, he was afraid his wife had not given him the right key at Exeter; I took it to my house, I took it up stairs, he opened it with a key; he then took some things from the box, put them into a bundle, and went out with them; he went to his lodgings that night, and the next morning he came in and went up stairs; he said he was going to put a shirt on, and presently after he came down stairs again with another bundle; he went out, and promised to return again in the afternoon; the prisoner came back to his lodgings at night, and in consequence of information that I had received I went to look after the girl, and she was gone to Bow street; I found her, I shewed her the box, which she claimed, she missed several articles out of it; I then desired my brother to look after him.

JOHN LAREY sworn. - A. little after seven o'clock in the evening the prisoner came to my brother's house, he had a stick in his hand; I put his stick on one side, and I said, I understand, my friend, you are a thief; no, says he, I am not; says I, here is an information that you have stole a box from the Fox, at Knightsbridge; I then locked he doors, and kept the keys till the constable came; he then produced to me two duplicates; he said he would give the woman a guinea to make it up; the constable took him to the watch-house.

JOHN JOHNSON sworn. - I am servant to Mr. Payne, a pawnbroker, No. 95, Wardour-street; I took in three gowns and a petticoat on the 10th of April; I received them from the prisoner in the name of William White .

Reynolds. These are all my property, I lost them out of the box.

SAMUEL CANNON sworn. - I am apprentice to Mr. Greenwood, pawnbroker, Bird-street, Manchester-square; I took in a gown and petticoat from the prisoner, (produces them); they were pledged in the name of James White. (They were identified by Elizabeth Reynolds.)

JAMES GURNEY sworn. - I am a constable belonging to St. George's, Hanover square; I was sent for to Chelsea to apprehend the prisoner; I found a key upon him that opened the box.

The prisoner put in a written defence, stating, that he was in liquor at the time, and that he had been twenty-seven years in the service of Mr. Phillips, Member for Staffordshire.

GUILTY , aged 46.

Transported for seven years .

Second Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-103

396. JAMES BYFIELD and THOMAS-MARSHALL WILSON were indicted for feloniously stealing on the 8th of April , two silver teaspoons, value 3s. the property of William Bradley .

WILLIAM BRADLEY sworn. - I do not know any thing of the property being taken.

SUSANNAH BRADLEY sworn. - I am the wife of William Bradley ; I lost two tea spoons from the side of the fire-place on the ground-floor; I keep a little shop for botany plants; I saw them a minute or two before the prisoner Byfield came in; I asked him what he wanted; he made no answer, but said, he wanted a pinch of snuff, I told him it was too far to go for a pinch of snuff; he said his master was gone into the yard, and wanted me to get up to look at him; I said I did not want to see his master nor him neither; the prisoners were both strangers to me, and Byfield put his hand over to my shoulder, and took away the spoons; then the prisoner Wilson came up, and Byfield told him I would not give him a pinch of snuff; then he said he would give me a pinch, and they asked me if I would have any thing to drink, and I said, no; he said he would come back again within an hour; about three quarters of an hour after I was sent for to the Plough; he was then in custody.

JAMES HOLT sworn. - I am a constable of Kensington, I apprehended the prisoners; I found two silver tea-spoons upon Byfield, (Producing them).(The spoons were identified by Mrs. Bradley.)

Byfield did not say any thing in his defence.

Wilson's defence. I know nothing at all of the transaction. Byfield, GUILTY , aged 31.

Transported for seven years .

Wilson, NOT GUILTY .

Second Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-104

397. THOMAS PHIPPS was indicted for feloniously stealing, on the 10th of March , five pounds weight of coffee, value 10s. the property of John Keymer , John Mactagot , and Benjamin Gray .

Second Count. Charging it to be the property of the commissioners of Excise .

Third Count. Charging it to be the property of James Harris .

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

HERBERT FOX sworn. - Examined by Mr. Jackson. I am an officer of the Excise: On the 10th of March last, the prisoner was a locker under the Board of Excise .

Q. What is the duty of a locker? - A. To lock up at night, and open in the morning, and to see that nothing goes out of the warehouse until it is discharged by the regular officer; he was stationed at the warehouse known by the name of Plumber's-hall ; the warehouses belong to John Keymer, John Mactagot, and Benjamin Gray, broker s.

Q. What description of goods were deposited in that warehouse on the 10th of March last? - A. I do not know; I went that day to fetch the prisoner to the Excise-office, in Thames-street, to Mr. Harris, by the order of Mr. Harris, the surveyor ; when he went out, he said, I want to go to the Horns public-house first; I told him he had better go with me immediately, as Mr. Harris was then waiting at the office for him; he then turned down a court, and went to the Horns public-house; I went close behind him all the way till he came to the public-house door; he went in, and asked the landlady to let him leave his great coat; he pulled off his great coat, and hung it at the collar head; a person of the name of Wardell, belonging to the same warehouse, came and asked me where he had put his great coat; I told him where it was, and he went and found it; then we followed Wardell and the prisoner to the Excise-office; I called out Mr. Harris, and told him there was the great coat; we produced the great coat to him in the public office; he then acknowledged it was his great coat.

Q. Was there any offer of favour, or any threat? - A. None to my knowledge; the pockets were searched, and a quantity of coffee taken out, I dare say there may be five pounds of it; Mr. Harris asked him how he could think of having such a thing as that in his pocket; he said, it was a small quantity for his own use, as he had a few friends coming out of the country.

Cross-examined by Mr. Alley. Q. The prisoner is a locker? - A. Yes.

Q. The duty of a locker, I believe, is to take possession of every thing till it is discharged? - A. Yes, most assuredly.

Q. Therefore, he has the possession of it? - A. Yes.

Mr. Jackson. Q. He is placed there to prevent any frauds? - A. Yes, to see that nothing is taken out without an order signed by the warehouse-keeper.

ANTHONY WARDELL sworn. - Examined by Mr. Knapp, I am an officer of the Excise, stationed at the warehouses of Messrs. Keymer, Mactagot, and Gray, in Chequer-yard, Dowgate ; the prisoner was employed by the Board of Excise in these warehouses: On the 10th of March, I was called by the last witness to go to the Excise-office, he called the prisoner out, at the same time; the prisoner hesitated, he wanted Mr. Fox to go on before him, and he would soon follow after; he said, he wished to go into the Horns to leave his greatcoat there; I then had a suspicion of his neglecting his duty; I went into the Horns, and I followed him immediately; as I came down at the door, I saw Mr. Fox, I asked him where the greatcoat was, he pointed to the head of the cellar stairs, and I went and took down a great-coat that I found there; then Fox and I went together to the office, with the great-coat, the prisoner went a little before us, I gave the great-coat to Mr. Harris; the prisoner was called in, and he acknowledged, after some hesitation, that that ws his great-coat; both his great-coat pockets had coffee in them; the prisoner was by when it was found, he said, it was only a little that he had taken for his own private use, as he had some friends coming from the country; it weighed, with the handkerchief, five pounds and a half.

Q. Was it coffee of the same quality with that in the warehouses of Mactagot and Co.? - A. Yes.

Cross-examined by Mr. Alley. Q. Do not you know that the locker has a right to what they call the sweepings? - A. No, he has not, there is no such thing allowed.

Q. Have you no samples that they are entitled to? - A. No, the samples are always returned.

BENJAMIN GRAY sworn. - Examined by Mr. Jackson. I am one of the proprietors of the warehouses, called Plumber's hall.

Q. Who are your partners, John Keymer, and John Mactagot.

Q. Have you coffee in those warehouse? - A. Yes.

Q. Do you consider yourself answerable for any deficiency in those warehosues? - A. Yes, certainly.

Q. What is the value? - A. About fourteen or fifteen pence a pound.

WILLIAM RICHARDS sworn. - Examined by Mr. Knapp. I apprehened the prisoner, (produces some coffee;) I had it from the prisoner's great-coat pocket.

James Harris proved the names of the Commissioners of the Excise.

The prisoner called one witness who gave him a good character. GUILTY , aged 35.

Of stealing goods of persons unknown.

Six months in Newgate , and publicly whipped 100 yards, in Cheqten-yard, Thames-street .

London Jury, before Mr. Recorder.

Reference Number: t18010415-105

398. RICHARD WATSON was indicted for making an assault in the King's highway, upon Paul Hutt , on the 29th of March , putting him it fear, and taking from his person a hat, value 1s. the property of the said Paul .

The prosecutor was a watchman, and lost his hat in a fray, but there being not a little of evidence to prove a robbery, the prisoner was ACQUITTED .

London Jury, before Mr. Recorder.

Reference Number: t18010415-106

399. RICHARD WATSON was again indicted for feloniously stealing, on the 29th of March , a bonnet, value 2d. the property of Samuel Manypenny .

The Prosecutrix admitting that the bonnet was not of the value of one farthing, the prisoner was ACQUITTED .

London Jury, before Mr. Recorder.

Reference Number: t18010415-107

400. WILLIAM BELL was indicted for feloniously stealing, on the 7th of March , seven pounds weight of raw coffee, value 7s. the property of Edward Orson , and others .

Second Count. Charging it to be the property of Daniel Gossett , and others.

Third Count. Charging it to be the property of the Commissioners of the Customs . (Naming them).

Fourth Count. Charging it to be the property of certain persons to the Jurors unknown.

(The case was opened by Mr. Knapp.)

JOHN MACDERMOTT sworn. - Examined by Mr. Knapp. I am a King's locker in the Customs of London. the prisoner was employed as a cooper in the warehouses, in Chequer-yard, Dowgate-hill : On the 7th of March, when the prisoner was leaving the warehouses, I rubbed him down outside the coffee ware-room, in the gallery; in rubbing him down, I found something bulky in his breeches; upon searching him, I found this quantity of coffee in his breeches, in this bag, there are seven pounds fourteen ounces of it. (Produces it.)

Cross-examined by Mr. Alley. Q. How long have you been King's locker? - A. I have been in the Customs altogether twelve years.

Q. Have you ever been dismissed? - A. No.

Q. Have you never been suspended? - A. No.

Q. Do you know Mr. Griffiths who keeps a wharf near Tooley-street? - A. I know Griffiths's wharf, I was stationed there once.

Q. Did he not make a complaint against you? - A. I was cried before the surveyor, and I was honourably acquitted.

Q. Had you, in consequence of that, any dispute or quarrel with the prisoner at the bar? - A. Never.

Court. Q. Was the prisoner the man who made that charge against you? - A. No.

Mr. Alley. Q. I ask you, whether or not, in consequence of that complaint, you had no quarrel with the prisoner? - A. Never in my life.

Q. Have you never said to the prisoner, that in consequence of the accusation made against you, you would bed d-d if you would not be revenged? - A. Never in my life to him, or any body else.

Q. From your vigilance in rubbing down the man, a man could hardly expect to escape with such a quantity as that? - A. This was too great a bulk to be passed by, there may be small parcels conveyed out.

Q. Was it possible for a man to carry out such a parcel as that without being discovered? - A. I think not.

Q. And yet you tell us you took that bulk out of his small clothes? - A. Yes.

Mr. Knapp. Q. Is that coffee of the same quality with that in your warehouse? - A. It is.

LOUIS GALLIARD sworn. - Examined by Mr. Knapp. I was with the last witness when the prisoner was rubbed down; I saw the coffee taken out of his breeches; he begged for mercy, and said, he had never done such a thing before in his life; I had rubbed him down many times before, but never found any thing upon him.

Mr. Alley. Q. Do you mean to say, that he made this confession without any promises or threats being made use of? - A. Yes.

DANIEL GOSSETT sworn. - Examined by Mr. Knapp. I am one of the proprietors of the warehouse , my partners names are Edward Hanson, John Person, Thomas Stoyles, William Person , and myself.

Q. Look at that coffee - had you coffee of that quality in the warehouse? - A. I had fifty qualities, I dare say, in that warehouse at that time; the Excise have a lock and key, the Customs have a lock and key, and we have a lock and key.

Q. Do you or not consider yourselves answerable to the merchants for this commodity? - A. Yes.

Q. What is the value of it? - A. One shilling a pound.

George Brathwaite ; warehouse-keeper to the Commissioners of the Customs, proved the names of the Commissioners as stated in the indictment.

HARRY JACKSON sworn. - Examined by Mr. Knapp. I am warehouse-keeper to the Excise; the key is delivered out by me every morning to the locker, and returned to me at night.

Prisoner's defence. He said, he had always been despited by the trade, and he would have his revenge when he was at the warehouses, at Griffiths's wharf; they could not get any man to work while he staid there, and that was the reason why he was removed to these warehouses.

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

GUILTY of stealing good of persons unknown.

Three months in Newgate , and publickly whipped 100 yards, in Chequer-yard

London Jury, before Mr. Recorder.

Reference Number: t18010415-108

401. WILLIAM COLBERT was indicted for feloniously stealing; on the 14th of April , twenty quires of paper, value 15s. the property of Robert Burchell .

ROBERT BURCHELL sworn. - I am a packer in Lothbury : I know nothing of this transaction myself; the prisoner has brought goods to my warehouse for two or three years.

WILLIAM ADAMS sworn. - I am servant to Mr. Burchell: On Saturday, the 11th of April, I was in Mr. Burchell's warehouse, and missed some paper from a cupboard that I had used to put it in; I then marked some that was left: On Tuesday the 14th, the prisoner came again to the warehouse, and after he was gone, I went to the cupboard, and missed the paper that was marked; two of the apprentices followed him by my direction, Henry Barton , and John Wells; he was brought back, but I did not see him till after I returned from dinner; I saw the paper that was brought back with him, there were twenty quires of it; I had only marked two of them with the initials of my name in pencil; there were, I dare say, 150 quires in all.

HENRY BARTON sworn. - In consequence of suspicion that the prisoner had got some paper concealed in his wrappers, I went into the stables, and saw a bundle of wrappers that he had brought goods in to our house; I opened the wrappers, and found twenty-four quires of paper; I charged the prisoner with taking it, he was in the stables at the time; Mr. Burchell promised he would not hurt him, if he would say where he had sold it, and then he confessed.

Court. Then you must not tell us what he said.

JOHN WELLS sworn. - I followed the prisoner down stairs with the wrappers that he had brought with him; he had all the wrappers put into one, and carried them on his head; I followed him to the stable-door, till my fellow apprentice, and Mr. Field, the prisoner's master, came, and then I went into the stable with them, and saw a quantity of paper taken out of the wrappers; there are two quires of it that I can swear to. (Produces it.)

- FIELD sworn. - The prisoner is my porter ; I went to Mr. Burchell's stable, I opened the wrappers, and took the paper out; we took him back to the warehouse, and then we found the marked quires; he has lived with me three years; I always found him a very honest man, I was very much surprized, I had known him six years in the place he was in before he lived with me.

Prisoner's defence. That very morning I had but a threepenny loaf among myself and four children; I divided the loaf among the four children, and went without myself; Mr. Field knows that I have worked very hard for him. GUILTY , aged 36.

One week in Newgate , and fined 1s.

London Jury, before Mr. Recorder.

Reference Number: t18010415-109

402. HENRY BENWELL was indicted for feloniously stealing, on the 25th of March , a pewter quart pot, value 10d. and a half-pint pot, value 4d. the property of William Ayres .

WILLIAM AYRES sworn. - I keep the Pitt's Head in the Old-Bailey : On the 25th of March, in consequence of the information of my pot-boy, I stopped the prisoner, and he gave me a quart pot from under his great coat; I asked him if he had not got any more, and he delivered me a half-pint pot; I gave them to the constable; I never sold any pots with my name upon them, unless they were partly melted.

JOHN BUTCHER sworn. - I am a pot-boy: I saw the prisoner take the quart pot off the horse in the yard; he went backwards into the privy, and put it under his great coat, I don't know any thing of the half-pint pot; I saw my master take them both from him; they were delivered to the constable.(Woodward, the constable, produced the pots, which were deposed to by the prosecutor).

Prisoner's defence. I was very much in liquor, I don't know how the pots came there.

Ayres. He did not appear to me to be in liquor.

GUILTY , aged 18.

Confined fourteen days in Newgate , and fined 1s.

London Jury, before Mr. Recorder.

Reference Number: t18010415-110

403. MARIA BALLINGER was indicted for feloniously stealing, on the 22d of February , a silk cloak, value 10s. 6d. a silk handkerchief, value 1s. 6d. and a pair of shoes, value 1s. 6d. the property of Elizabeth Jarman .

ELIZABETH JARMAN sworn. - I am a servant out of place ; I lodge at No. 51, York-street, Westminster , at my brother's house: On the 22d of February, I lost the articles mentioned in the indictment, the prisoner lodged there that night; she went away before I was up in the morning; the constable found the property upon her, they were in the room over night.

THOMAS JARMAN sworn. - I am the brother of the last witness: I took the prisoner home to my house on the 22d of February, between two and three o'clock in the morning, to sleep with me.

Q. Are you a single man? - A. No; she went away about seven o'clock in the morning, when the things were missing; I went to the prisoner's lodgings in Whitcomb-street, and charged her with it; I had been there with her before; the cloak was found there, and on Monday the handkerchief was found upon her neck, and the shoes upon her feet.

(Thomas Hall, the constable, produced the property, which was identified by the prosecutrix.)

Prisoner's defence. I went home with that man to his lodgings, he was very much in liquor, and he tied these things up, and gave them me.

Court. (To Jarman.) Q. Did I understand you right, that you were a married man? - A. Yes. P.Q. Does your wife live with you? - A. Yes.

Q. Were you liquor? - A. I was not so much in liquor but I knew what I was about.

Q. Did you give her these things or not? - A. I never did. NOT GUILTY .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18010415-111

404. JAMES MONK was indicted for feloniously stealing, on the 18th of March , a hempen bag, value 6d. and 100 lb. weight of nails, value 30s. the property of David Gordon , William Gordon , John Biddulph , and William Stanley .

There being no evidence to identify the property, the prisoner was AQUITTED .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18010415-112

405. MARY DEAN was indicted for feloniously stealing, on the 19th of March , a pair of gold ear-rings, value 2s. the property of Samuel Liversuch .

- LIVERSUCH Sworn. - I am the wife of Samuel Liversuch , a butcher, in the Old-Bailey: On Thursday, the 19th of March, my little girl went out from home about half an hour after ten o'clock, and about half an hour after twelve, she was brought home without her frock and ear-rings; there is no particular mark upon the ear-rings; I know them to be mine, I had them made for my little girl.

GEORGE BURCHETT Sworn. - I am a pawnbroker, (produces the ear-rings): The prisoner pledged them with me on the 19th of March; I had seen her before, I am sure she is the person; she had lost the ticket, and got an affidavit signed; by a Magistrate.

( Levi Oburn produced the affidavit, which be found upon the prisoner).

Prosecutrix. I cannot swear to the ear-rings by any particular mark, but I know them to be mine they were made for the child.

Prisoner's defence. A girl that I was acquainted with, took them from the child, and sent me to pledge them. GUILTY , aged 16.

Court. Prisoner, - I feel it to be my duty to distinguish your case from that of ordinary larcenies, and it is necessary that the public should know why that sentence is passed upon you which I am about to pass. Nothing can create more misery and anguish in the mind of a mother, than to have a child taken from the place it knows; it is therefore not only an act of great injustice, but of great brutality and cruelty; I have, therefore, in every case of this sort, immediately passed a sentence as severe as the law would permit me; I regret that I cannot pass a more severe sentence upon you. If children are taken from their parents by the visitation of Providence, they must submit to that; but if they are in a state of suspence, not knowing whether they are living or dead, and unable to find them, it is the utmost misery that a parent can feel. I therefore pronounce upon you, that you be transported beyond the seas, to such place as his Majesty, with the advice of his Privy Council, shall think fit to declare and appoint, for the term of seven years .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18010415-113

406. THOMAS HARRIS was indicted for feloniously stealing, on the 8th of April , two quartern loaves of bread, value 2s. the property of George Thompson .

Second Count. Laying them to be the property of Roger Robson .

GEORGE THOMPSON sworn. - I am a baker : On Wednesday, the 8th of April, about ten o'clock in the morning, I left my basket while I served a loaf of bread to a customer; I turned round, and saw the prisoner take two quartern loaves out of the basket, I laid hold of him, and told him he made more free than welcome; he said he was hungry; I took him into custody; my master's name is Roger Robson .

Prisoner's defence. I was very hungry, and had no more to do; there were two loaves stood by the basket upon the pavement, I went to take one, and the two stock together; a gentleman stood by, and gave me a shilling, he offered the man half-a-guinea to let me go, because he thought I did it for want, and left his address with the master.

GUILTY , aged 39. - Fined 1s. and discharged.

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18010415-114

407. WILLIAM ROACH was indicted for feloniously stealing, on the 23d of March , a bar of iron, value 10s. the property of James Macnaughtan .

JAMES MACNAUGHTAN sworn. - I am an ironmonger in Great Queen-street ; I know nothing of the taking the property, the watchman stopped the prisoner with it.

THOMAS BOSNAM sworn. - I am a watchman:

On the 23d of March, I was watching in Newton-street; soon after I cried the hour of nine o'clock, I saw the prisoner come up Newton street with a bar of iron upon his shoulder; he pitched it at the door of an old iron shop, and went in, he came out again, and put it on his shoulder; I then stopped him; he said he had brought it from Mr. Macnaughtan's, and was carrying it to Mr. Jackson's; I took him to the watch-house; when we got to the watch-house door, he dropped the bar, and attempted to run away; I pursused him, and brought him back; I went to Mr. Macnaughtan's and he claimed the bar.(The bar was produced and identified by the prosecutor, and his servant, Joseph Chapel .)

Prisoner's defence. I had been drinking, and as I was going home, I found this bar in the street; I have worked for Mr. Macnaughtan three years.

GUILTY , aged 36. - Confined one month in Newgate , and whipped in the jail .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18010415-115

408. JOSEPH SMITH was indicted for feloniously stealing, on the 7th of April , six regimental pistols, value 6l. the property of our Sovereign Lord the King .

Second Count. Laying them to be the property of William Lord Cathcart .

Two years having elapsed between the time of the loss, and the finding of the property in the possession of the prisoner, he was ACQUITTED .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18010415-116

409. JOHN ASHTON and MARY CROSSLEY were indicted, the first for feloniously stealing, on the 12th of March , a copper utensil, called a furnace, value 10s. the property of Francis Bryant , fixed to a certain building of his, called a house .

Second Count. Charging it to be fixed to a certain building of the said Francis.

Third Count. Charging it to be the goods and chattels of the said Francis.

It appearing in evidence that Francis Bryant was neither landlord nor tenant of the house from which the property was taken, the prisoner was AQUITTED .

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18010415-117

410. SARAH WALKER was indicted for feloniously stealing, on the 5th of March , a pewter quart pot, value 12d. and a pint pot, value 6d. the property of Abraham Good .

ABRAHAM GOOD Sworn. - I keep the Worcester Arms : On the 5th of March, I lost a quart and a pint pot; in consequence of information, I pursued the prisoner, and took them upon her, they are both mine.

Prisoner's defence. I found them in the street, and was looking to the public-house to carry them home when the prosecutor said hold lof me.

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

First Middlesex Jury, before Lord Kenyon.

Reference Number: t18010415-118

411. WILLIAM WILLIAMS was indicted for feloniously stealing, on the 24th of February , 200 pounds weight of lead, value 4os. the property of Felix Calvert , Robert Landbroke , Robert Calvert , Charles Calvert , and William Whitmore , fixed to a certain dwelling-house of theirs .

Second Count. Charging it to be fixed to a certain building of theirs.

GEORGE WEST Sworn. - I am copper to Mr. Calvert: I went with the keys to open the house the sign of the Coal-hole in the Strand : I opened the door, and in the passage I saw a man, the house was an empty one; the man made a rush, but I stopped him, and asked where he was going; he said he was going after somebody, but I don't recollect the name; I collared him, and a friend of mine assisted me; I perceived his shoes to be dirty with mortar, I then sent to Bow-street for assistance, and we searched the house; there was a copper gone, the beer machine, and a quantity of lead; we matched it, and it exactly fitted; it was packed up ready to be taken away.

THOMAS WATSON Sworn. - I was with the last witness: I saw the prisoner in the passage, we secured him, and I went for Saver, the officer; I saw the lead compared, and it fitted exactly.

JOHN SAYER Sworn. - I am an officer: I took charge of the prisoner, I know nothing of the lead.

The prisoner did not say any thing in his defence, but called three witnesses, who gave him a good character. GUILTY , aged 19.

Transported for seven years .

First Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-119

412. THOMAS LONEY was indicted for feloniously stealing, on the 7th of April , a wooden cask, value 6d. and fifty-six pounds of butter, value 3l. 4s. the property of John Brace .

JOHN BRACE Sworn. - I lost a firkin of butter the 7th of April: I enquired about it, and found it in the prisoner's house, he was in bed with his wife; the butter was under the table, covered with a cloth; it is marked No. 69 and 13, the weight of the butter and cask.(The firkin and butter were produced and identified.)

Prisoner. Q. Was my place open or shut? - A. The outward door was open.

JOHN GRIFFITHS Sworn. - I am one of the officers of Lambeth-street, Whitechapel: I went with Brace to Loney's house, opened the door, and found the butter under the table covered over; I asked the prisoner how it came here; he said, some

person brought it, and left it there; it is about two hundred yards from the prosecutor's.

Prisoner's defence. This tub of butter was found in my entry, by my children's account, about seven or eight o'clock at night; I went down with the vessel to Gravesend, being in that line; I landed at Bluckwall, and it was eleven o'clock when I got home; my children told me there was a cask in the entry, and butter in it, my wife was out with her friends; I went to bed, and left it in the passage; my wife brought it in when she came home, but I said, for God's sake take and roll it out, or worse will come of it; it remained in by my wife's persuasions, but I left my door open all night, and the man came in the morning; my children had rolled it under the table, the man is here who saw the man take it into the passage; I never was in trouble in my life before, and have lived thirty years on the spot.

For the Prisoner.

WILLIAM RYAN sworn. - I saw a man put such a thing as this down by the prisoner's door, as I leant over, some day last week, between light and dark in the evening; I am a carpenter, and live on Salipetre-bank; I was leaning over the door where I lodge, and saw a man pass by with it, I followed him, because I suspected it to be stolen, I did not know the prisoner; I went and told the prosecutor, who went in the morning, and found it; I heard the man throw it down.

Brace. That man came and told me where it was. NOT GUILTY .

First Middlesex Jury, before Mr. Justice Health.

Reference Number: t18010415-120

413. WILLIAM NEWELL was indicted for feloniously stealing, on the 3d of April , one wooden pole, value 4s. the property of James-Gaver Nichol .

The prosecutor not appearing, the prisoner was ACQUITTED .

First Middlesex Jury, before Mr. Justice Health.

Reference Number: t18010415-121

414. JOSEPH HOLLOWAY was indicted for feloniously stealing, on the 10th of March , one steel sword-hilt, value 5l. 5s. the property of John Wright .

The prosecutor not appearing, the prisoner was ACQUITTED .

First Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-122

415. JOSEPH HOLLOWAY was again indicted for feloniously stealing, on the 11th of March , the carcass of a sheep, value 50s. the property of Thomas Smith , and William Winch .

WILLIAM WINCH sworn. - I live in Tothill-street, Westminster : On the 11th of March, I was sitting in the shop, I heard an alarm that a man had stole a sheep; I ran out, and turning the corner I saw the prisoner, just after he had dropped the sheep; a boy said, that is the man; it was very dark, and I went on, and came up with the prisoner, who was standing still; I took him, and gave charge of him to the officer; the carcass lay on the ground close by us.

MARY PAYNE sworn. - I live at No. 5, Dartmouth-row, Princes-street: on the 11th of March. I was coming down Tothill-street, between seven and eight o'clock, and I saw the soldier take the sheep off the hook from the butcher's window, there were lights in the shop; I was behind him, I did not see his face; he walked away past the shop, and I gave the alarm; he was in his full regimentals, I staid till they fetched him back.

JAMES DAYKIN Sworn. - I was coming down Tothill-street, between seven and eight o'clock, I saw a man coming down with a sheep in his arms, he was in his regimentals, I did not see his face; I went on one side directly, and he passed me; I heard them holloa out stop thief, and then he threw down the sheep, and a man came and took him; I did not see him throw it down, or after it was thrown down.

JOHN SANDERS Sworn. - I saw the prisoner with the sheep in his arms; I belong to the fame regiment that he does.

Prisoner's Defence. I was on duty on the 11th of March, between eleven and twelve o'clock, it happened to be pay-day; the serjeant did not think proper to pay us till the evening, so I staid in Westminster, being quartered there; I was going along in the evening to receive my pay, and was collared by the people, who said, I had stole a sheep; that is all I know. GUILTY aged 29.

Confined twelve months in the House of Correction .

First Middlesex Jury, before Lord Kenyon.

Reference Number: t18010415-123

416. MARY LAYMAN was indicted for feloniously stealing, on the 11th of April , a handkerchief, value 6d. two half-crowns, two shillings, and a sixpence , the goods and monies of William Weston .

WILLIAM WESTON Sworn. - I live at No. 3, Randall-street, Pimlico: one the 7th of April, I met with this girl between three and four o'clock in the morning, and went to her bed-room; I had just been with a few friends at a night-house, I was not drunk; she lived in Lewkener's-lane, Drury-lane ; I went to bed with her, and she left me before five in the morningg; I heard her going down stairs, and hailed her; I looked for my small clothes, which were under my head, and found my money gone; I had too half-crowns, two shillings, and a sixpence; I dressed myself as quick as possible, and searched two or three of the adjoining counts; I then went into Drury-lane, and asked a watchman if he had seen such a person; he said he had, and took me to a public-house in Monmouth-street.

where we found her; she was taken to the watch-house and searched, and the money and handkerchief found upon her.

WILLIAM BROWN sworn. - I am a watchman: The prosecutor came to me between five and six o'clock; I searched her, and found two half-crowns, two shillings, and a sixpence, under her arm, next to her-skin. (The handkerchief and money produced).

Prisoner's defence. I am an unfortunate person; I met the prisoner in Clare-market, he asked me if he should go with me; I said he might if he would make me a compliment; he said he would, and he gave me a half-crown piece; I said that was too little, and he gave me another: I undressed myself, but had nothing to put round my head; he said he would lend me his handkerchief, which he did; I awoke, and was very dry, and was going to get something to drink, thinking to return before he awaked; he followed me, and said I had robbed him; the two shillings and sixpence I had before of my own. NOT GUILTY .

First Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18010415-124

417. SARAH SMITH was indicted for feloniously stealing, on the 3d of March , two gowns, value 5s. a silk cloak, value 10s. and an handkerchief, value 6d. the property of Dorothy House .

DOROTHY HOUSE sworn. - I live in Mount-street , I am a poor woman in the workhouse : I lost some clothes out of the ward where I slept, I left them in the care of Sarah Smith; I was in the sick ward three weeks, she is ward woman; I did not give her them to carry away; I never saw them afterwards, the pawnbroker has them.

JAMES DEARE sworn. - I am a pawnbroker: the handkerchief I had from the prisoner; I don't know who pawned the other things.

- PIDDINGTON sworn. - I am an officer; The duplicates were given to me.

- ALLEN sworn. - I am a pawnbroker, and live with Messrs. Moore and Greenwood: I don't know the prisoner. (The handkerchief identified.)

Prisoner's defence. I beg for mercy.

GUILTY , aged 34.

Whipped in the jail , and discharged.

First Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18010415-125

418. WILLIAM SWANN was indicted for forging and counterfeiting, on the 9th of April , a certain order for the payment of money , which is as follows:"London, April 9, 180l."Pay to Mr. David Samuel , or bearer, the sum of thirty pounds, which place to the account of"Your obedient servant, DOWNSHIRE.

"Addressed, Messrs. Drummonds,"Charing-cross." With intention to defraud Messrs. Drummonds, and Co .

Second Count. For uttering and publishing as true, a like forged order for payment of money, knowing it to be forged, with the like intention.

There being an error in the indictment, the prisoner was ACQUITTED .

First Middlesex Jury, before Lord Kenyon.

Reference Number: t18010415-145

419. ANDREW WHITEHEAD was indicted for that he, on the 13th of December , being a person employed in the capacity of clerk to William Hamilton , Thomas Pinkerton , and John Hamilton , did receive and take into his possession, a certain bill of the value of 40l. and that he did feloniously and fraudulently secrete, steal, and take away the said bill .

(The case was opened by Mr. Knapp.)

ANDREW GRANT sworn. - I am clerk to Messrs. Stein, Smith, and Co. I know the prisoner, having seen him repeatedly, as collecting clerk belonging to Messrs. Hamilton, Pinkerton, and Hamilton; I don't know the firm of the house.

Roderick M'Lenard . The firm of the house is William Hamilton, Thomas Pinkerton, and John Hamilton .

Mr. Knapp. (To Grant.) Q. On the 13th of December last, did the prisoner come to your house? - A. About that time, I cannot state exactly; the house to which I belong owed a sum of money to the Glasgow Wharf, for wharfage; Mr. Whitehead had previously left a bill of the amount, in the usual way of transacting such business, and afterwards called to receive the amount, which I paid him, by a draft on our bankers, Messrs. Down, Thornton, Free, and Cornwall; this is the check; the prisoner wrote his name on the back.(The check read).

Bartholomew-Lane. London, Dec. 13, 1800.

Messrs. Down, Thornton, Free, and Cornwall, Pay No. 1066, or bearer, forty pounds.

Andrew Grant .

For Stein, Smith, and Co.

RODERICK M'LENARD sworn. - I am clerk at Messrs. Hamilton, I know the prisoner, who was clerk there in February last, and was so in December also; it was his duty to keep the books; he kept the wharfage-book, and any sum of money paid on the wharfage account ought to find its way into that book; this is the cash-book that was kept by the prisoner, I know his handwriting; there is not any entry, or credit given for this forty pounds, on the 13th of December left, paid by Stein, smith, and Co. he appears to have made up his accounts to the end of December, but there is no entry of the forty pounds; he absconded in February, but the account does not come up to that time; I was present when he was taken to Bow-street, and what he said was taken down in writing by the Justice.

Cross-examined by Mr. Gurney. Q. Were you clerk

to the prosecutors in December last? - A. Yes; I was clerk to Mr. William Hamilton, but nor to the company.

Q. Do you know whether or not the prisoner was in advance on account of the company? - A. I do not know.

Q. Is there any body here that does know? - A. I cannot tell.

JOSEPH BEZANT sworn. - I am clerk to Messrs. Down, Thornton, and Co. I have not the least doubt I paid forty pounds on that draft, as there is no other forty pound draft of those gentlemen, but I don't know to whom I paid it; I never, when a check comes in, write down to whom I pay the money, as the hurry of business won't admit of it; there is no other forty pounds on that day to Stein, and Co. on the opposite side is

"Bank-note, No. 415l."

Cross-examined by Mr. Gurney. Q. It is very common for persons not to present checks the day they receive them? - A. It frequently happens.

Q. Whether the check in your hand is the check you received at that time you cannot say? - A. I cannot.

THOMAS CARPMEAL sworn. - I apprehended the prisoner on the 23d of February, on board the Industry, an American ship, bound to New-York, in the Downs; she was outward bound.

The prisoner left his defence to his Counsel.

GUILTY , aged 32.

Transported for seven years .

First Middlesex Jury, before Lord Kenyon.

Reference Number: t18010415-126

420. JOSEPH PERRY was indicted for feloniously stealing, on the 13th of April , one hundred and twenty pounds weight of lead, value 10s. the property of Thomas Wace , fixed to a certain building, in a certain garden, belonging to his dwelling-house .

Second Count. Charging it to be fixed to a certain building of his.

THOMAS WACE sworn. - I am a coal-merchant , and live in the Islington-road : On the 13th of April, I lost some lead from the top of a privy that I had built on one side of the yard; I know nothing of the prisoner.

JOHN WARD sworn. - I am a watchman at Islington, near Sadler's-Wells: On the 13th of April, as I was crying the hour of four in the morning, I saw the prisoner coming down by Mr. Lane's pales, on the other side of the way; I followed him, and asked him what he had got upon his head; he told me it was lead, that he had brought it from Mr. Crowder's, in Lower-street, Islington, and was going with it to Mr. Marsh's, upon Mutton-hill; he said that was his master, and he should have been there an hour ago; I then took him into custody; as I was going along, he slung the lead off his head ar me, and knocked me down; I followed him and sprung my rattle; he was taken in Mr. Bailey's back place, in Rosoman-street; I am sure the prisoner is the same man, I knew him again immediately, it was day-light; I found upon him a pair of pincers, and a chissel. (The lead produced);

Mr. Wase. The building is of a particular construction of my own, and the lead is cut to sit it exactly; I am sure it is my lead.

Prisoner's defence. I know nothing at all about it, it was not me; I was taken up half an hour after; I heard the rattle, but I am not the man.

The prisoner called two witnesses, who gave him a good character. GUILTY , aged 46.

Confined six months in the House of Correction ,

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18010415-127

421. SUSAN ROBERTS was indicted for feloniously stealing, on the 3d of April , a deal box, value 2s. a silk handkerchief, value 3s. a muslin handkerchief, value 1s. a cap, value 1s. a child's hat, value 6d. a flannel petticoat, value 6d. an apron, value 6d. and a bed-gown, value 6d. the property of Mary Hamilton , widow .

MARY HAMILTON sworn. - I am a widow; I live in Buckeridge-street, St. Giles's : On the 3d of April I lost a deal box, containing the articles mentioned in the indictment; the prisoner lodged with me five weeks; on Good-Friday I got up at five o'clock in the morning, and found the door open, and the prisoner gone; the watchman stopped the prisoner with the box; I saw her and the box at the watch-house.

ARTHUR O'LEARY sworn. - I am a watchman: I stopped the prisoner with a box, about five minutes past three o'clock in the morning, in Church-street, St. Giles's, she was standing at a door; I asked her what she had got behind her; she said it was a box belonging to her brother; she told me she had brought it from Buckeridge-street, and she did not know rightly what house it was; I took her to the watch-house; she went very quietly to the watch-house, and carried the box upon her head; I have had the box ever since. (Produces the box, which was deposed to by the prosecutrix).

Prisoner's defence. She pawned my gown, and I afterwards saw it upon her daughter's back; and I afterwards called to see her, and she gave me the box.

GUILTY , aged 18.

Transported for seven years .

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18010415-128

422. JOHN TAGG and JOHN WILLIAMS were indicted for feloniously stealing, on the 13th of April , an umbrella, value 6s. the property of Jervis Wells .

JERVIS WELLS sworn. - I am a Venetian-blind maker , and live in Piccadilly : On Monday se'nnight, as I was at dinner with my family, between one and two, I lost my umbrella, I did not see it taken.

ANN SANDWICH sworn. - I was sitting at dinner, and saw the prisoner, Tagg, take the umbrella, it was hanging upon a nail within-side the shopdoor; I am sure the prisoner is the man, an officer went after him.

WILLIAM WILSON sworn. - I am one of the patrols of the parish of St. James's: On the 13th of April, a little after one o'clock in the day, coming from the watch-house into Piccadilly, I saw the prisoner, Williams, standing at a silversmith's door, he seemed very attentive, looking down Piccadilly; I watched him, and observed Tagg coming out of the prosecutor's shop, with an umbrella, and the little one, Williams, immediately joined him; he gave Williams the umbrella in the middle of Piccadilly, and ran down Derby-court, which is no thoroughfare; he threw the umbrella away upon a dunghill, and I took hold of him immediately; Rice Evans took the other prisoner.

RICE EVANS sworn. - I was with Wilson: I pursued, and apprehended the prisoner Tagg.

Wells. This is my umbrella, it has my own hand-writing upon it.

The prisoners did not say any thing in their defence. Tagg, GUILTY , aged 19.

Williams, GUILTY , aged 16.

Transported for seven years .

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18010415-129

423. ABRAHAM NATHAN was indicted for feloniously stealing, on the 18th of March , three umbrellas, value 24s. thirty-one skeletons for umbrellas, value 4l. 13s. fourteen sticks for umbrellas, value 1s. three unprepared skeletons for umbrellas, value 4s. 6d. and ten pounds weight of whalebone, value 16s. the property of John Rutherford .

JOHN RUTHERFORED sworn. - I am a hairdresser, and umbrella-maker , No. 17, Watling-street : I know nothing of the loss; the officer found the property upon the prisoner.

Mrs. RUTHERFORD sworn. - I am the wife of John Rutherford: we lost the articles mentioned in the indictment on the 28th of March, from a passage that we have inclosed to hold these umbrellas; they were taken out between seven and eight o'clock in the evening.

Prosecutor. I went to lay down about six o'clock, and they were safe then; a little after seven o'clock I came down, and perceived the place had been broke, and all the things gone; it was a kind of closet with folding-doors, and it appeared to me that they had forced one of the doors, there being a button inside; on the Friday evening following, I saw the prisoner and the property in the possession of Tipper.

RICHARD TIPPER sworn. - I am an officer: In consequence of an information of some umbrellas being stolen out of Watling-street, on Friday the 24th, between four and five o'clock in the afternoon, in Houndsditch, in company with Mr. Holdsworth, the City-Marshal, I observed a new umbrella under the prisoner's arm, he was a neighbour on mine; I said, you have got a new umbrella there; I asked him to let me look at it, which he did; I told him I thought it was one of the umbrellas that was stolen in Watling-street; I told him I should detain the umbrella, and Mr. Holdsworth then came over to me; I stopped the umbrella, and let the prisoner go; I told him he must come to the Mansion-House, and I thought it would be proper for him to go with me to the prosecutor's; he said, very readily, that he would; I told him I could not go now; he said, then I will wait upon you in the course of half an hour; he came to my house, and I was not ready; I told him I would call upon him at the George, a public-house that he used; I went but he was not there; I stopped a few minutes and he came, and we then went to the prosecutor's; I asked the prosecutor if he had lost any umbrellas, and he told me he had; I shewed him the umbrella which I now have in my hand, he examined it, and said, to the best of his knowledge, that was his umbrella; Mrs. Rutherford said she was confident it was her umbrella; I told him I must take him to the Compter; he begged I would not, and said he would take me to the house where he bought it; I went, in company with my brother officer, to the house, the woman was not at home; I stopped about half an hour at a public-house just by, and when I went back she was at home; the prisoner was with me; I asked her if she knew any thing of any umbrellas, or if she knew the prisoner; she said, yes, he had been and bought some umbrellas of two men; I asked her if she knew their names, ans she did not recollect their names at first; she said he gave her a shilling to carry the umbrellas home to his house; the prisoner then said, if you will go along with me to such a house, I think you will apprehend them; I took the prisoner to the Compter, and then apprehend the woman; I took him before the Lord-Mayour the next day; the prosecutor said he had lost a great many other articles; and the Lord-Mayour asked him what he had done with them; and the prisoner said, he had sold them to one Mendez; I had a warrant for Mendez, and he brought the remainder of the things.

Cross-examined by Mr. Knapp. Q. Every thing that this man told you turned out to be perfectly true? - A. Yes.

Q. Do not you, in point of fact, know, that these two persons, who have absconded, were the persons concerned in stealing? - A. I believe they were.

Q. How long have you been a constable? - A. Seventeen years.

Q. Did you ever find, upon the apprehension of a person for a felony, any one more ready to give you the whole account of the transaction? - A. He acted as I have told you.

Court. Q. What is he? - A. A dealer ; he deals in every-thing that he can purchase.

DAVID MENDEZ sworn. - Q. What have you to produce? - A. I delivered all the things to Tipper.(Tipper produced them).

Mendez. On the 26th of March, I bought of the prisoner half a dozen sticks, and between six and seven dozen pieces of whalebone; I gave him thirty shillings for the whole.

Cross-examined by Mr. Alley. Q. You would not have dealt with him if you had not supposed him to be an honest man? - A. No; I never heard any harm of him.

Q. Thirty shillings is a very fair price for them? - A. Yes.

Rutherford. There is no mark upon any of these things; the umbrella is about the same size.

Mrs. Rutherford. I believe this umbrella to be mine; it is worked all the way up with fourpenny thread.

For the Prisoner.

Mrs. BARRY sworn. - Examined by Mr. Knapp.

Q. You were a witness before the Lord-Mayor? - A. Yes; the prisoner came to my house to look at some umbrella-sticks belonging to two men that were in my house, he purchased them of the two men; I carried them home for him, and he gave me a shilling. NOT GUILTY .

London Jury, before. Mr. Common Serjeant.

Reference Number: t18010415-130

424. JOHN LAWTON was indicted for feloniously stealing, on the 6th of April , a printed bound book, value 6d. the property of Henry Davies , clerk .

HENRY DAVIES sworn. - On the 6th of April I lost a book from my pocket, near the Royal Exchange : I had been walking all the morning, it was Easter Monday, and there was a procession of the boys belonging to Christ's-Hospital; after standing a few minutes. I heard a scuffle behind me, I turned round, and saw a man seized, and charged with having picked a gentleman's pocket, but who it was I do not know, I cannot say that it was the prisoner, I only had a glimpse of him; he was taken into custody, and a man held up a book in the crowd, which I thought looked like mine; I knew it to be my property; I was desired by a man to give him my address, which I did; a few days afterwards I received a summons to attend the Magistrate.

Cross-examined by Mr. Gurney. Q. There was a very great crowd about you at this time? - A. Yes.

Q. I believe you were trying to get into the Exchange, but could not on account of the crowd? - A. I could not.

Q. It was Backrow, the constable, that made the charge? - A. I cannot say.

Q. Do you remember the constable saying, he is a common pickpocket, I have had him in custody many times before? - A. I think he said he was a well known thief.

Q. I believe you now know that he is a respectable tradesman? - A. I understand so.

Q. I believe you know some of his friends? - A. They are certainly respectable.

Q. My Lord-Mayor admitted him to bail, and he now surrenders to take his trial? - A. Yes.

ISAAC BACKROW sworn. - On the 6th of April, as I was coming past the 'Change, between twelve and one, the blue-coat boys were going to the 'Change, there was a great crowd at the Change gate, and I saw the prisoner and two more, jostling several gentlemen about; two other men stood before the gentleman, and would not let him go by; I saw the prisoner put his hand into the gentleman's pocket, take something out, and put it into the breast of his coat; I hit the gentleman upon the shoulder, and said, sir, you have been robbed; I took hold of the prisoner, and insisted upon seeing what he had got in his bosom; he said, I have got nothing at all, and began to pull himself about, and in pulling about I saw him drop a book from under his coat, upon the ground, it turned out to belong to Mr. Davies, a clergyman, in Surry-street, in the Strand; the Lord-Mayor was obliged to summons him twice before he would appear; there was another person saw him drop it as well as me.

Q. Did you know this man before? - A. I never saw him before to my knowledge.

Cross-examined by Mr. Knapp. Q. You are a city constable, I presume? - A. No.

Q. You have been? - A. Yes.

Q. you have not that honour now? - A. No.

Q. You have, like the late ministry, resigned, or otherwise been turned out? - A. If my Lord says I should answer, I will.

Q. Were you not turned out? - A. No, I was not.

Q. You resigned your sword of state, and there was an end of you, as a city constable? - A. Yes.

Q. There is no order made at Guiidhall to prevent your going into the room, is there? - A. No.

Q. You see where the prisoner stands? - A. Yes.

Q. Did you ever stand there yourself? - A. Yes; I was honourably acquitted; you were concerned for me, and advised me to indict my prosecutor for a malicious prosecution.

Q. Have you ever had any conversation with any person upon this subject? - A. They have told me, five or ten guineas would not do me any harm.

Q. Did you ever say, the Prisoner is an old thief? - A. No, I never said so.

Q. You know now, perhaps, that he is a very respectable character? - A. His character was well established before the Lord-Mayor, I believe.

Q. You have had no conversation with any body in the yard? - A. No.

Q. Do you know a person of the name of William Pattenden ? - A. No

Q. You never had any conversation with any person in the Session's-house-yard? - A. No.

Q. Have you never said, that Mr. Lawton acted as a fool, for that the matter might have been settled at first for a trifle? - A. Upon my oath, I have not.

Q. And that is as true as any thing you have said to-day? - A. I did not say any such thing.

Q. Nor your brother in your hearing? - A. No.

Q. Nor any thing like it? - A. No.

Q. Did not the prisoner, after you had charged him, desire to be taken across to Mr. Chadwick's, a silversimth, in Cornhill, saying, he was going there upon business? - A. No, he did not.

Q. Did he not say there were many names of respectabiltiy on the spot, who knew him? - A. He said no such thing.

Q. Do you recollect his mentioning the name of Thornycross, Mr. Chadwick's partner? - A. No.

Q. There was a considerable crowd, two persons being immediatley at the back of the prosecutor, and the prisoner behind those two men, and yet you swear that he put his hand into the prosecutor's pocket? - A. Yes.

ABEL WATERMAN sworn. - I am servant to Babb and Brewin, hosiers, in Leadenhall-street, I have lived with them four years and a half; I was standing under the archway, at the 'Change, and saw Backrow follow the prisoner at the bar; Backrow collared him, and called out to Mr. Davies, that he had been robbed; I then took hold of the prisoner on the other side; Backrow unbuttoned his coat, and I then saw him drop a book from un der his coat.

Q. Are you sure you saw it drop from the coat? - A. I am confident of it.

Q. Did you see the book before it dropped? - A. Yes.

Q. Was there any thing in Backrow's hand at the time he unbuttoned his coat? - A. No; I saw him unbutton his coat, he had nothing in his hand, and then the book dropped.

Q. You saw it before it dropped? - A. Yes; it was immediately picked up, but I cannot say who picked it up.

Q. Did Backrow pick it up? - A. I do not think he did.

Cross-examined by Mr. Gurney. Q. Who was it said he was an old thief, and that he had had him in custody several times before? - A. I did not hear that.

Q. Have you been a good deal in company with Backrow? - A. Since I have been attending here.

Q. The very day after this, when you were before the Lord-Mayour, you did not say a word about your taking hold of him? - A. I think I did.

Q. No, you did not - who has told you of that fact since? - A. Nobody.

Q. Did not Backrow tell you? - A. No.

Q. Can you account for that? - A. No, I cannot.

Q. There was a very great crowd? - A. Yes.

Q. Was there any body immediately behind the prisoner? - A. Yes; there were people behind.

Q. And people before him, between him and Mr. Davies? - A. Yes.

Q. The people were pushed about and could not help themselves? - A. They were.

Court. Q. How near were you to the prisoner? - A. Close to him.

Mr. Gurney. Q. You did not attend before the Lord-Mayor, till Backrow found you out? - A. No.

LYON BACKROW sworn. - I know nothing of the transaction, I only produce the book, I received it from Merryman, the street-keeper.

Mr. Davies. This is my book, it has my name in it, but it was written a great many years ago.

Q. Have you the least doubt upon earth, that that is the book you lost that day? - A. I have not.

Prisoner's defence. I never was guilty of the least offence in my life to any fellow-creature: On the 6th of April, Backrow came up to me, d - d my eyes, and said, you are reputed thief and pick-pocket, you know I have had you before; I told him I would satisfy him to the contrary; I said, go with me to Mr. Chadwick's, and mentioned several other names; he would not, but said, no, and at that moment an officer came up; I said, I throw myself under your protection, these men have used me exceedingly ill; he searched me, and said, that young man has nothing about him, let him go, or take him over to Mr. Chadwick's; that boy, I solemnly declare never interfered, nor did I ever see him, till I saw him before the Lord-Mayor.

For the Prisoner.

WILLIAM PATTENDEN sworn. - Examined by Mr. Gurney. I am a dealer in glass, in Coppice-row, Clerkenwell: I have seen the two Backrows since I have been attending here; I asked one of them when he thought the trial would come on, he said, the next day, perhaps; he said it was a great pity the matter should ever have been brought here, for it might have been settled for a very little expence at first; I did not make him any reply.

Q. Are you sure it was that gentleman with his own hair that said that to you? - A. Yes; the other Backrow was standing by his side, and they both said it, upon my oath; I have known the prisoner from a child, he was in the plated line in Coppice-row; he has been my neighbour about two years; I have lived in the parish eight years.

Q. Is he in partnership with his father? - A. I believe his father's name is to the bills.

Waterman. He called at my uncle's house, and said, he wished it was all over; he said I was not to take any notice of what the Jews said; my uncle said, he has no right to take any notice of what they said, only to say the truth; I was on the stairs, and heard it.

Court. (To Pattenden). Q. When was this conversation which the Backrows? - A. On Monday evening, about half past seven o'clock, in the Sessions-house yard.

Q. You knew they were witnesses in this cause? - A. Yes.

Mr. Knapp. Q. You were one of the bail, and had heard them examined before the Lord-Mayor? - A. Yes; I asked them if they knew when the trail would come on; they said they could not tell, they thought it would the next day; to the best of my recollection, I said it was a great pity a person of character and respectability should be in such a predicament; the reply the short one, Lyon, made, to whom I was speaking, was, that Mr. Lawton acted very foolish, in suffering it to be brought here to this Court, for it might have been settled at first for a little trifle, or a mere trifle; the other was close to him, and he said it might have been settled for a trifle.

Q. Did not you ask him how it might be settled? - A. I did not; it struck me at the moment that there could be but one meaning.

Q. Now, as to this young man's uncle, did you or not go to him? - A. On Friday last, I went with Mr. Gilliard, a schoolmaster in Islington-road, in his chaise, to enquire the character of the lad of his master, who, I suppose, is his uncle; but as to the conversation that he has stated, I deny it, upon my oath.

Q. Did you see the boy? - A. No; I went purely to ask the character of the lad; the gentleman that went with me, was to be the spokesman, and he did speak; we found he was a lad of good character; Mr. Gilliard said we did not come to stop any thing from going on, but to ask his character, and that he might not be dictated to by people of bad character.

FRANCIS GILLIARD sworn. - Examined by Mr. Knapp. I keep an academy at Islington: I have known Mr. Lawton five or six years; I never heard any thing to impeach his character.

Court. Q. Had you any conversation with either of the two Backrows? - A. Not till about half an hour ago; they were taking the boy on one side, and I told them it was very improper; I had no other conversation with them.

Q. Do you know Waterman? - A. Yes; he lives with Ball and Brewen in Leadenhall-street; I went there last Thursday, or Friday, with Mr. Pattenden, I saw the master of the shop; I told him, the person that had been charged with taking the book, was a person of respectability, and wished him to caution the boy to speak nothing but the truth, and that the two men, who were the prosecutors, I had heard, were persons of very indifferent character.

Q. Do you know whether he is a boy of character or not? - A. No.

Q. You never asked? - A. No.

The prisoner called Messrs. Abbott and Newbury, and eight other witnesses, who gave him a good character. NOT GUILTY .

London Jury, before Mr. Common Serjeant.

Reference Number: t18010415-131

425. WILLIAM JEWELL was indicted for feloniously stealing, on the 1st of March , eight pounds of starch, value 10s. the property of Percival North , William Hoare , William Nanson , and Thomas Simpson .

There not being sufficient evidence to bring the charge home to the prisoner, he was ACQUITTED .

London Jury, before Mr. Common Serjeant.

Reference Number: t18010415-132

426. WILLIAM JEWELL was again indicted for feloniously stealing, in the 4th of March , two sticks of Spanish juice, value 8d. and four figs of stone blue, value 4d. the property of Percival North , William Hoare , William Nanson , and Thomas Simpson .(The case was opened by Mr. Knapp.)

RICHARD HASLAM sworn. - Examined by Mr. Knapp. I am in the service of Messrs. North and Company: In consequence of information that we received, I marked some stick liquorice; I saw two sticks of stick liquroice, and four bags of stone blue, in Mr. North's stable; Jewell was sent out with his cart: immediately upon his being gone, I went to see if the stick liquorice was there or not, and it was gone.

Q. When was this? - A. On the 4th of March, from four to five o'clock; I then followed the prisoner up Ludgate-hill as fast as I could, till I got to St. Paul's Church Yard , and there I saw him with a person of the name of Brettell, who was on horseback; when they came by the dome, they drew up the cart, Jewell got out of the cart, and the man got off the horse; I then directly stepped into Mr. Hunlock's, the surgeon's door, I was then opposite to them; I saw Jewell give Brettell something in paper twice; just at that time six or eight drays came along, which prevented me from seeing them; when it was clear again, I saw nobody but Jewell's boy holding Brettell's horse; when they returned, I spoke to Jewell, and asked him how he could stop so long; he said he had met a particular friend of his, and had been to drink with him; I turned round to Brettell, and said, are you an old acquaintance of his; he said, yes, he had known him a great while; I said, then I must beg

leave to stroke you down; he said, I might and welcome; accordingly I did, and out of his pockets I took these two sticks of Spanish liquorice, and four figs of stone blue.

Q. Has one of those pieces of Spanish juice any mark upon it? - A. Yes; there is an R upon one of them; I asked Brettell how he came by it, and he said Jewell gave it him; I then asked Jewell how he came by it, and he said he had taken it from his master's warehouse.

Cross-examined by Mr. Garney. Q. What did you say to him before he said that? - A. Nothing more than I have stated.

Q. Did he say he took it out of his master's warehouse, or that he found it in the stable? - A. To the best of my recollection, he positively said he had taken it out of the warehouse.

GUILTY , aged 40. - Transported for seven years .

London Jury, before Mr. Common Serjeant.

Reference Number: t18010415-133

427. JAMES ROSSITER was indicted for feloniously stealing, on the 22d of February , a pair of scissars, value 4d. a comb case, value 8d. a knife case, value 4d. a box containing salt of lemons, value 9d. five pieces of chalk, value 5d. two bottles containing essence of lemon, value 1s. a bottle of spirits of lavender, value 3d. and six glasses, value 9d. the property of Thomas Goulding .

(The case was opened by Mr. Gurney.)

THOMAS GOULDING sworn. - Examined by Mr. Gurney. The prisoner was my servant ; I am a perfumer in Cornhill ; he has lived with me between three and four years: On Sunday, the 22d of February, I sent for a constable, and searched him; in his pocket-book was found a new pair of scissars, a comb and case that had never been used, and in another pocket, a comb and case that had been used; the constable went up stairs with him, he opened his box himself, and in his box I found a box of salt of lemons, two bottles of essence of lemon, a bottle of spirits of lavender, some French chalk, and six foreign glasses for pomatum, and one thing or other; when the scissars were found, he said, we used them in the business; I said, yes, but they were always hung up; the other articles I told him I believed were mine, and he did not deny it; the glasses, he said, were mine; the box of salt of lemons, he said that a person of the name of Sexton, who had lived with me eleven years, gave it him to take out some ink spots from his clothes.

Cross-examined by Mr. Knapp. Q. What is your partner's name? - A. I have not any partner.

Q. Those articles you believe to be your's? - A. Yes.

Q. These essences had the same marks upon them, as if they had been sold? - A. Yes; the essence of lemon was tied up in the way we have them for sale.

Mr. Gurney. Q. Had you sold them to the prisoner? - A. No.

STEPHEN TUNSTALL sworn. - (Produces the property.) I found these things upon the prisoner's person, and in his box.

Goulding. I have no doubt of all these things being mine; the essences have my labels upon them.

Prisoner's defence. The box was always in the shop; I don't know how these things came into it.

Court. (To Golding.) Q. Was his box locked? - A. Yes. GUILTY , aged 28.

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

London Jury, before Mr. Common Serjeant.

Reference Number: t18010415-134

Second London Jury.

Thomas Lowe ,

James Dinwiddie ,

Robert Day ,

John Philpot ,

Abraham Opie ,

John Simpson ,

Samuel Barber ,

James Hoare ,

Thomas North ,

Thomas Taylor ,

Thomas Laver ,

Thomas May .

428. JOSEPH AGAR was indicted for unlawlawfully and maliciously shooting at Thomas Fowler , on the 31st of March .

It appearing in evidence to be such a shooting as did not come within the Act of Parliament upon which the indictment was framed, the prisoner was

ACQUITTED .

Second London Jury, before Mr. Recorder.

Reference Number: t18010415-135

429. THOMAS LLOYD was indicted for feloniously stealing, on the 19th of February , twenty-eight pounds of beef, value 8s. the property of Thomas Wace .

THOMAS WACE sworn. - I am a butcher in Rose-street, Newgate-market : On the 19th of February, I lost a piece of beef; I had information from my son, that a man was in custody, I did not see him till he was in the Compter; my servant shewed me the beef, but I could not swear to it.

THOMAS GERMAINE sworn. - I am an apprentice to Mr. Wace: On the 19th of February, I lost two pieces of beef, and in consequence of information, I went up Newgate-street, but could see nothing at all of him; I returned back again, and looked, but could not miss the beef; when I had been back about five minutes, the constable brought in the prisoner with two pieces of beef in his apron.

Q. Whose beef was it? - A. My master's; I had reached them down not a quarter of an hour before, and placed them upon the block; they were two thick flanks.

Q. How many thick flanks might there be in the shop? - A. A dozen or more; I know them very well by the cut of them.

Q. Does the man that cuts for you cut for nobody else? - A. There are four or five that cut in the shop.

Cross-examined by Mr. Knapp. Q. Is the person that cut them, here? - A. I don't know who it was that cut them.

Q. Thick flanks are pretty much alike? - A. Yes.

Q. There was no particular mark that you know them by? - A. No.

Q. How many thick flanks had you sold that day? - A. None at that time, it was but just after break of day.

Q. Why, you sold these very two immediately after, did not you? - A. Yes.

WILLIAM WOODMAN sworn. - I am street-keeper of Newgate-street: On Thursday, the 19th of February, about seven o'clock in the morning, in consequence of the information, Webb and I followed the prisoner, he had something in his apron; he walked till he came down to Angel-street, and then he began to run; we ran after him, and overtook him about the middle of Angel-street; we took two pieces of meat out of his apron, and took him back to Rose-street; he took us to Mr. Wace's himself; he said he had found it by Mr. Wace's block that stood at the door.

JOHN WEBB sworn. - I can say no more than Woodman has said.

Prisoner's defence. I was coming through the market, I saw these two pieces of beef-upon the ground; I saw nobody near them, I picked them up; and when these gentleman stopped me, I told them where I had picked them up.

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

Second London Jury, before Mr. Recorder.

Reference Number: t18010415-136

430. WILLIAM CLARKE was indicted for feloniously stealing, on the 1st of March , a piece of leather, called a coach-boot flap, value 5s. the property of Robert Gray , and Thomas Harder .

ROBERT GRAY sworn. - I keep the Bell Savage Inn ; in partnership with Thomas Harder : On Sunday evening, the 1st of March, between six and seven o'clock, I gave charge of the prisoner to the constable, he had been stopped by one of our horsekeepers; he had upon him a piece of leather, which appeared to have been cut from the boot of the Newbury coach, the proprietor's name is John King, but we are accountable for any damage done to the carriage, while in our possession.

Q. Suppose the goods were taken away, would you be liable to make them good? - A. Yes.

JOHN BOLT sworn. - I am horse-keeper to the prosecutors: I saw the prisoner about two yards from the coach, with the boot-flap under his arm; I laid hold of him, and my master gave charge of him to the constable; I compared the flap with the coach-boot, and it corresponded.(The constable produced the property, and the police from which it was cut.)

Prisoner's defence. I never cut it off.

GUILTY , aged 21 - Confined twelve months in Newgate , and publicly whipped .

Second London Jury, before Mr. Recorder.

Reference Number: t18010415-137

431. THOMAS ABBOTT was indicted for feloniously stealing, on the 3d of March , a seron, value 6d. a wrapper, value 6d. and 160lb. of indigo, value 30l. the property of William Cox .

(The case was opened by Mr. Knapp.)

WILLIAM COX sworn. - I have a warehouse in Swan-yard, Holborn-bridge ; I had 30 serons of indigo; it is done up in a buffalo hide, and that is called a seron; they were in a warehouse where we generally place goods to go to Bath and Bristol; I am paid for the care of them, and I am responsible for the goods; upon coming down stairs on Wednesday morning, the 4th of March, I saw a vacancy in the lot of indigo; I then had the numbers of all the serons examined, and missed three serons; this seron weighed one hundred one quarter and twenty-six pounds, it is worth 48l. I made enquiries; in consequence of which I sent Charles Foyle to overtake the waggon.

Cross-examined by Mr. Gurney. Q. I am afraid waggoners do practise now and then the taking up little things without accounting for them? - A. Yes, to the amount of a few pounds weight, for the sake of a pint or a pot of beer, we do not mind; but we never suffer it if we know it.

Q. What does this man have for wages? - A. I don't know.

Q. It may happen that a man for cabbage may take a larger thing, and for which he ought to account to his master? - A. Yes.

Q. You took up two persons of the name of Freeman and Cleveland? - A. Cleveland I took up, and Richard Percival , the carman, absconded the next day but one.

Q. The prisoner did not abscond, you took him up at his master's house? - A. Yes.

Q. He never absconded at all? - A. No.

Mr. Knapp. Q. I believe this cabbage amounts to a considerable sum in the year? - A. I am afraid it does.

JOHN WEIGHT sworn. - Examined by Mr. Knapp. I am a watchman: On Tuesday, the 3d of March, at eleven at night, I saw two men come up to the waggon in the Swan-yard.

Q. Was the waggon loaded? - A. Yes; it was loaded early in the evening.

Q. Do you know who the two men were? - A. Yes; the prisoner, who was the waggoner, was one of them; the other was Mr. Cox's porter; they brought a parcel, and flung it down at the

tail of the waggon; he took his ladder and let down the tail of the waggon, and Mr. Cox's porter assisted in putting it into the waggon; when the prisoner first came to the waggon, I called out, who is there; he answered, it is I; what have you got, says I; says he, a little cabbage; then I knew his tongue, and said, oh, master waggoner, is it you, how do you do; he said, middling; I said, let it be what cabbage it will, it is heavy cabbage; Mr. Cox's porter said, it is a hundred and a half, I helped him to it, and I am to give him a shilling for carrying it; then they wished me a good night.

Cross-examined by Mr. Gurney. Q. Who was this porter that was to give him a shilling for carrying it? - A. His name was Richard, I don't know what his other name was.

Q. Do you happen to know where he is now? - A. No; he ran away next day but one.

CHARLES FOYLE sworn. - Examined by Mr. Knapp. I am clerk to Mr. Cox; I was sent by him after the Newbury waggon; I overtook it near Slough; the prisoner was driving it; he was in the tail of the waggon; I asked him what he had taken up the over night at the Swan, Holborn-bridge; he hesitated a little and said something, but I do not recollect what.

Court. Q. Did the prisoner know you? - A. Yes; he went on to the Reindeer, at Slough, and I went with him there; I had the indigo taken out and put into another waggon that was coming to town, and had it brought to the Swan, Holborn-bridge.

Mr. Gurney. Q. Did you come to town with it? - A. No; but I remarked the number, (it is produced); here is a hole in the bag which the prisoner cut when I came up to him, to see what it was; he said he thought it was smuggled tobacco; it turned out to be indigo; he wondered that Cleveland should ask him to put up such an article as that into his waggon.

Q. Is Cleveland the porter that helped him up with it? - A. No; another porter.

Q. What is become of Cleveland? - A. He was taken up, and discharged before the Alderman.

Cross-examined by Mr. Gurney. Q. Cleveland was taken before he had time to leave you? - A. He was taken up directly.

Q. He was examined several times before the Alderman? - A. Yes.

Q. And what is now become of him you don't know? - A. No.

Q. The other man has absconded too? - A. Yes, Richard Percival .

Q. When you overtook the waggon this article was not put under any thing by way of concealment? - A. No, he sat before it, but there was nothing upon it.

Q. Did he not immediately tell you he was requested to carry this? - A. Yes: he told me Cleveland had promised him one shillings-worth of something to drink for carrying it. (The property was identified by Mr. Cox.)

Court. Gentlemen of the Jury, I think it would be too much to convict the prisoner upon this indictment; the charge is not for defrauding his master of the carriage of this parcel; but the question for you to try is, whether the prisoner stole these goods, or whether he merely took it up as cabbage; it will be for you to say, whether it was not the other persons who stole it, and whether he did not carry it merely for the sake of the shilling: if you should be of that opinion, you must acquit him. If the prisoner had disposed of these goods, if they had been in a state of concealment, or if he had denied that he had such goods, the case would have been very different; there was, it is true, a little hesitation; but that might arise from a consciousness of his having taken up goods which ought to have been brought to the master's account. The question therefore for you to decide will be, whether he carried this parcel for the sake of the shilling, or whether he was connected with those porters in taking it away: it does not appear to me upon the whole of this transaction, that you can see your way safely to the conclusion that he was concerned in stealing it. NOT GUILTY .

Second London Jury, before Mr. Recorder.

Reference Number: t18010415-138

432. JOHN HANNIKIN and JAMES FOSSETT, alias HICKMAN , were indicted for feloniously stealing, on the 2d of February , a sheep, value 2l. the property of Simon Payne .

(The case was opened by Mr. Gurney.)

SIMON PAYNE sworn. - Examined by Mr. Watson. I am a salesman , in Smithfield-market : On Monday, the 2d of February, I lost one horned sheep out of one of my pens; I had many hundred sheep in the market; it was marked with ochre down the face, and J. G. on the near side in a circle tarred; I missed it before five o'clock in the morning; I saw it again in the afternoon, at Tomkins's, in Webber-row, Sr. George's Fields; I am sure it was the same sheep I had lost; you go through a shop with a wash-window into a yard, and in that yard I found it.

Q. Could you see the yard from the street? - A. Not without the door was open.

Q. Was the door open when you went? - A. I cannot say.

Q. Was there any alteration? - A. The ochre mark down the face appeared to be daubed over with dirt.

Cross-examined by Mr. Alley. Q. It is not customary for the salesman to go with his drover to market? - A. No; he takes the sheep, and then I go to the market.

Q. Had you seen these sheep before they went

to the market? - A. I had seen it on the Sunday; it was one of a lot of ten.

Q. They were not your own marks? - A. No; the mark of my employer.

Q. Is it customary for you to put a private mark of your own, besides the mark of your employer? - A. Sometimes if there are sheep marked much alike, our men have a private mark of their own to put upon them.

Q. But these sheep had no private mark? - A. No.

Q. You don't mean to swear that the dirt on the face was occasioned by design? - A. No, I cannnot.

Q. Tomkins's is a butcher's shop? - A. Yes.

Q. Tomkins made no difficulty in telling you he had the sheep? - A. He was not at home.

Q. But you had no difficulty in finding the sheep? - A. No.

Court. Q. Who was the proprietor of these ten sheep? - A. Mr. John Graves, of St. Alban's, grocer and miller.

Q. Had you any more than ten with that mark? - A. No; they were all horned sheep, and the rest were all pole sheep; if they had been all horned sheep, I should not have missed it.

GEORGE ROBINSON sworn. - Examined by Mr. Gurney. I am drover to Mr. Payne: On Sunday night, the 1st of February, I took his sheep into the pens before eleven o'clock in the evening; there were ten horned sheep among them; they were marked with a round O, and J. G. in it, with tar, and an ochre mark down the forehead; I missed one of the sheep about twelve o'clock at night; I searched about, but could not find it; on Monday afternoon I found the same sheep at Tomkins's, with three others; I am sure it was the same sheep.

Cross-examined by Mr. Alley. Q. Will you venture, upon your oath, to say, that these ten sheep were ever in Smithfield-market? - A. I cannot say that they were.

Q. Will you dare swear you ever saw it in the market? - A. No.

Q. That one might have been lost before you penned them? - A. It might.

Q. Does it not often happen that a sheep may mingle with another drove? - A. Sometimes.

Q. And all the diligence and anxiety you can use for your master, cannot prevent it? - A. No.

Court. Q. How far had you drove them? - A. From Islington.

Q. Could you not miss it between Islington and Smithfield? - A. No, not till I parted them, and then I missed one.

JOHN BRETTELL sworn. - Examined by Mr. Watson. I am a master drover; I drove for Mr. Fountain, in Newgate-market: On the 1st of February I was out all night in Smithfield-market; I saw the two prisoners in the market against Mr. Payne's pens; I saw them lurking about the pens, as they always made it a practice of doing; I saw them first between eleven and twelve o'clock; I saw Fossett take a sheep out of Mr. Payne's pen; Hannikin was standing by; it was a horned sheep; they put it into Mr. Boys's pen; they were both together; they turned some more sheep out with it, and drove them down to Durhamyard, Chick-lane; when they had gone a little way, Hannikin said to Fossett, take them to Tomkins's, in Webber-row, and tell him they came from me; I then went and told Mr. Payne's man of it.

Q. How many sheep were there? - A. I think there were about a score.

Cross-examined by Mr. Alley. Q. Don't you know that Fossett is himself a master drover? - A. He has been a drover some years, and Hannikin is a master drover.

Q. You are all drovers? - A. Yes.

Q. You talked of lurking about the market just now - it was where they ought to be, in the way of their business? - A. Yes.

Q. Upon your oath, did you never say it was Hannikin, the boy, that lifted the sheep over the pens? - A. I never did.

Q. Were they both in the pen? - A. No; Fossett was in the pen, and Hannikin stood outside.

Q. Did they not see you? - A. No; I was in the pen, doing some business for myself.

Q. You were watching these men then? - A. No, I was doing some business.

Q. You supposed they were going to steal the sheep? - A. Yes.

Q. Why did you not call out to them, and tell them, if they did not desist, you would punish them? - A. I was afraid, I had been threatened so often.

Q. Was not Robinson, Mr. Payne's drover, there at the time? - A. No.

Q. As soon as Robinson returned, you told him what you had seen? - A. I did not see him till the morning, I had to go to Holloway.

Q. Did you leave the market immediately after this? - A. As soon as they turned down Chick-lane, I went to Holloway.

Q. What time was that? - A. Half past three o'clock.

Q. Upon your oath, did you tell a single creature in the market, though you were in there till half past three o'clock? - A. I told Gordon of it.

Q. Did you tell a single creature of it, till after you came from Holloway? - A. No, I did not see Robinson till after I came back, and then I told him they were gone to Tomkins's.

Q. I ask you again, have you never said it was Hannikin that lifted the sheep over the pen? - A. I have not.

Q. You have heard of a reward of twenty pounds, if these men are convicted? - A. I have not,

I did not do it for the reward: I did it to stop such people; I have lost fourteen sheep myself.

JOSEPH WRIGHT sworn. - Examined by Mr. Gurney. Q. Do you know Tomkins? - A. Yes; he is a butcher, in Webber-row.

Q. On the 2d of March, do you remember seeing any sheep in Webber-row? - A. Yes; the prisoner, Fossett, was driving them.

Q. Are you quite sure he is the man? - A. Yes; there were about a score in the drove, and four of them were put into Mr. Tomkins's; there was one horned sheep; it was marked down the face with ochre; I did not observe the other mark; I stopped the sheep for him; I staid there about ten minutes, or a quarter of an hour; Tomkins helped to get them in.

Q. Did you see where they were put? - A. No.

Q. Which way did he go then? - A. He went up Duke-street, which leads to Blackfriar's-bridge, and the Borough, both.

Cross-examined by Mr. Alley. Q. You did not hear him say it was a strayed sheep, and desire him to keep it till it was called for? - A. No.

Q. How came you to have any thing to do with it? - A. I was going to work.

Q. How came they to find you out on the part of the prosecution? - A. I heard my master telling some gentlemen about the sheep.

- GORDON sworn. - Examined by Mr. Watson. I am a sheep pen man in Smithfield market; in consequence of information from Brettell I went over to Tomkins's on the 2d of February, between ten and eleven in the morning; I found there a horned sheep, marked J. G. in a circle, on the side, and ochre down the forehead; the face was blacked.

Q. Did that appear to be done by design or not? - A. I should think it was.

Cross-examined by Mr. Alley. Q. You say you are of opinion this mark was defaced by design? - A. It was done with black.

Q. Did you never see a sheep run its head against a dirty pen? - A. Yes, very often.

Q. Don't you know there is a reward of seventy pounds if these men are convicted? - A. I have heard so.

Q. Don't you know there is fifty pounds reward besides the reward given by the Act of Parliament? - A. Yes.

For the prisoner.

GEORGE ROBINSON , jun. sworn. - Examined by Mr. Alley. I am the son of George Robinson , the witness; I am drover to Mr. Payne.

Q. On the 2d of February did you drive sheep from Islington for Mr. Payne? - A. Yes.

Q. Can you say whether it was lost before you got to Smithfield? - A. I missed it when my father and I drew them; I did not miss it before.

Q. You draw them before you pen them? - A. No; we part them when they are in the pen.

Jury. Q. After you had penned them, and before you drew them, had you lost the sheep? - A. No.

Court. Q. How many pens were there? - A. We had seven score sheep; there were thirteen pens; the pens were all open.

Q. When you have filled one pen, you go to another? - A. Yes.

Q. You don't mean to say you had them all under your eye? - A. No.

Q. While you are at one end parting them, you can't see the sheep at the other end of the pens? - A. No.

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

Hannikin, GUILTY , Death , aged 14.

Fossett, GUILTY , Death , aged 20.

Second London Jury, before Mr. Common Serjeant.

Reference Number: t18010415-139

433. JAMES WILLIAMS was indicted for obtaining goods under false pretences .

NOT GUILTY .

London Jury, before Mr. Common Serjeant.

Reference Number: t18010415-140

434. EDWARD MEREDITH was indicted for obtaining goods under false pretences .

JOHN BUCK sworn. - I am shopman to George Swaine , John Swaine , William Bibby , and Joseph Bellamy , linen-draper s. No. 77, Cornhill : On the 12th of March, the prisoner came to our house for patterns of dimities; about two hours afterwards, he returned with the patterns, and a written order, signed A. Lettsom, Grove, Camberwell.

Q. Was Dr. Lettsom a customer of your's? - A. No.(The order read.)

"Please to send by your man twelve yards of each pattern, hope to be in town in a few days, when I shall call at your house; I want a fine piece of yard-wide Irish, about five shillings a yard, to make the doctor some shirts; you may send a good one by the man now, or omit it till I see you. Don't fail of sending the dimities, as the woman is waiting, till he returns, to cut them out for A. LETTSOM.

Grove Camberwell, 12th, 3d month, 1801.

In consequence of this order, I sent twenty-two yards of corded dimity, at two shillings and nine-pence; the remainder part of the order was not sent; on the 14th came a second order, and as we suspected it was a fraud, we did not send the Irish; I am certain the prisoner is the man.

Cross-examined by Mr. Gurney. Q. You would not have given it to him without that order? - A. No.

Q. Whatever he might have said, you would not have delivered them without that note? - A. No.

WILLIAM HARGRAVE sworn. - I am servant to Dr. Lettsom, at Camberwell Grove; the prisoner was formerly a linen-draper in Chiswell-street.

Q. Look at that note? - A. This is not Mrs. Lettsom's writing; I have often seen her write, it is not at all like her writing; the prisoner was formerly an

acquaintance of the doctor's man in town, who has lived with him seventeen years; he married a servant of Dr. Lettsom's.

Cross-examined by Mr. Gurney. Q. Whether Mrs. Lettsom had commissioned any person to write that order, or not, you cannot say? - A. Mrs. Lettsom was confined to her room, and had been for a fortnight.

THOMAS ACTON sworn. - I am porter to Messrs. Swaine and Company: I know the prisoner to be the man that obtained the dimity, and I went to Camberwell and took him for the offence.(Mr. Gurney addressed the Jury on behalf of the defendant, and called two witnesses who had known him twenty years, and gave him an excellent character.)

GUILTY - Six months in Newgate , and fined 1s.

Second London Jury, before Mr. Common Serjeant.

Reference Number: t18010415-141

435. HENRY HART was indicted for obtaining goods under false pretences .

It appeared in evidence that the goods were obtained by means of a bill of exchange, which the Court were of opinion was a forgery, the prisoner was therefore acquitted upon this indictment, and detained to take his trial for the forgery.

Second London Jury, before Mr. Common Serjeant.

Reference Number: t18010415-142

436. LYON LEVY was indicted for receiving goods, knowing them to have been stolen . NOT GUILTY .

London Jury, before Mr. Common Serjeant.

Reference Number: t18010415-143

437. LEMON CASEBY was indicted for a misdemeanor .

(The case was opened by Mr. Vaillant.)

THOMAS BARNESLEY sworn. - Examined by Mr. Watson. I am a jeweller and dealer in silver plate .

Q. Do you know Mary Gray ? - A. Yes.

Q. Do you recollect her being discharged out of custody in March, 1800? - A. Yes.

Q. Do you know the defendant, Caseby? - A. Yes.

Q. Do you remember his coming to your house soon after her discharge? - A. Yes; sometime in the month of February, but I am not certain of the day.

Q. Where is your house? - A. In Edward-street, Surry-road, Blackfriars; Mrs. Gray let him in; I was in the front parlour; after she let him in, he came into the parlour, I asked him what he wanted; he said he had come on a very unpleasant piece of business; he said he had a warrant for taking Mrs. Gray into custody for shoplifting.

Q. At that time did he produce any authority for so doing? - A. He produced a warrant, and said that was his authority for so doing; he then put the paper into my hand; I told him I believed she was very innocent of the charge; he said, he believed it too, but she must put on her cloaths, and go with him; he then said, he thought he could get her discharged from that warrant, if we would give him something; I asked him what he required; he said, as she was so lately discharged from one prison, in consequence of her having a great family, if I would give him two guineas, he would get the warrant discharged; Caseby and I then left the house, and went towards Guildhall; we went to the sign of the Paul's Head, close by Guildhall ; we had some brandy and water, and he desired me to stay there while he got her name erased out of the warrant; he returned to me, and brought the warrant; he told me he was as good as his promise, and shewed me the name of Mary Gray erased out.

Q. Did he, either the first or second time, shew you any badge of office? - A. No; when be returned from the Paul's Head, he asked me for the money for getting the name of Mary Gray erased out of the warrant; I gave him a guinea, and told him I would give him the other the first opportunity, then we parted; the next time I saw him, he came over to my house again.

Q. Did you know him before? - A. Yes; I always considered him as an officer of the City of London.

Q. How did he represent himself? - A. As a constable.

Q. And he produced no authority, except this bit of paper? - A. No.

Cross-examined by Mr. Gurney. Q. You live in Edward-street, Blackfriars-road, do you? - A. No; I did then.

Q. You are a jeweller and dealer in silver plate? - A. Yes.

Q. How long have you carried on that business? - A. Nearly two years now.

Q. Do you carry it on in Edward-street? - A. Yes.

Q. Do you keep an open shop? - A. No; I travel as a licensed hawker, and have a license to deal in plate.

Q. Were you brought up to this business? - A. No.

Q. What did you deal in before? - A. I followed the profession I was brought up to - a musician.

Q. And that you followed regularly till within these two years? - A. Yes.

Q. You attended concerts, I suppose - A. Yes.

Q. And got your living by that means? - A. Yes.

Q. Now, will you give me that answer again, from the time of your serving your apprenticeship till within these two years, will you repeat it to that Jury, that you have got your living as a musician? - A. I will tell you, to save you a deal of trouble, for I know what you mean.

Q. You have had advice? - A. I have for a considerable time lived very honest and upright - for six or seven years since I have been in England.

Q. From whence, I suppose, I may conclude you were not perfectly honest before? - A. I was not.

Q. There were some little irregularity of morals? - A. Yes.

Q. How often have you been transported? - A. My Lord!

Q. How often have you been transported? - A. I have unfortunately been convicted.

Q. How often have you been transported? - A. Never but once.

Q. That you are sure of? - A. That I am sure of; and in consequence of my unfortunate situation, is the reason why this man.

Q. I don't want a fine speech from you upon your unfortunate situation? - A. I must claim his Lordship's protection.

Q. His Lordship will give it you the moment I ask an improper question - Then you have been transported but once? - A. I have been convicted but once.

Q. You have been transported but once? - A. I have been convicted once.

Q. Only once? - A. Only once.

Q. How often have you been tried? - A. Never but once.

Q. How often have you been in custody? - A. Once since.

Q. Only once, I suppose? - A. I have been in custody twice since, upon no charge whatever.

Q. Will you swear you have been in custody only twice for the last seven years? - A. Yes.

Q. How many times before the last seven years? - A. I don't choose to answer that question.

Q. Then I shall apply to my Lord, that you may be in custody once more? - A. But once on a charge of felony.

Q. On any other charge? - A. What I have had the pleasure to be acquitted for.

Q. What were you charged for on that occasion? - A. No charge at all.

Q. Do you mean to say that you have been in custody but twice since you returned from transportation, and on those two occasions you were acquitted? - A. Yes.

Q. Were you tried at that bar? - A. No.

Q. You have got your living since your return from transportation entirely as a musician, till within these two years? - A. I don't choose to say any more.

Q. But you must, and a great deal more - Since your return, till within the last two years, you have been living as a musician, and living honestly? - A. I do not say so.

Q. I thought it a little suspicious, your dealing in silver plate, after having been transported? - A. I have lived as honestly as I possibly could.

Q. Who is Mrs. Mary Gray ? - A. Mrs. Mary Gray is my companion.

Q. How long has she had that honour? - A. Six years.

Q. Have there been any interruptions to your domestic felicity? - A. I have told you all I have to say.

Q. No you have not? - A. I shall say no more. - I will admit all you ask of me.

Q. I ask you - have there been any interruptions in your domestic felicity? - A. Yes, in Sansum's business; she was taken up as a disorderly person, and acquitted, at the same time with myself.

Q. How often has she been taken up during the last six years that she has been your companion? - A. Twice.

Q. The same twice that you were taken up? - A. No; once without me.

Q. What name does she go by besides Mary Gray ? - A. No other, that is her proper name.

Q. A nick-name, perhaps, Scotch Moggy? - A. I don't know.

Q. Upon your oath, is she not known by all the thief takers in London, by the name of Scotch Moggy? - A. It may be so.

Q. She has lived with you constantly for six years, except those two interruptions? - A. Yes.

Q. You have never lived, within that six years, with your wife, in a public-house in Clare-market? - A. I have not lived with her these eleven years.

Q. No; eleven years ago, you know, you were at Botany-Bay, you could not live with her then. - Now, as you have lived honestly, and uprightly, for the last six or seven years, of course you have had no acquaintance with the Police-officers? - A. Yes; I know them.

Q. And perhaps they know you? - A. Very unfortunately they do.

Q. And among them all, Mary Gray goes by the name of Scotch Moggy? - A. If you please.

Q. The fact is so? - A. You say so.

Q. Upon your oath, is the fact not so? - A. It is.

Q. Caseby you have known as an officer of the City of London ? - A. I always thought him as such.

Q. This Mrs. Gray is a witness that is just coming in to confirm you? - A. Yes.

Mr. Watson. Q. With respect to Mary Gray having been twice in custody, what was that for? - A. Upon the Police Act.

Q. As a disorderly person, without any charge of felony? - A. Yes.

Court. Q. As a reputed thief? - A. Yes.

MARY GRAY sworn. - Examined by Mr. Vailant.

Q. Did you live in Barnesley's house in the month of February, 1800? A. Yes.

Q. Do you remember Caseby coming there? - A. Yes.

Q. Did you know Caseby before? - A. Yes.

Q. What was he? - A. I understood him to be a City officer.

Q. At what o'clock was it that he came there? - A. In the morning, I opened the door to him myself.

Q. State, distinctly and loud, what took place? - A. He said he had got a warrant, to take me up; he produced a warrant, which I saw; he said, he brought it to take me before the Lord-Mayor, for shop-lifting. I told him it was a thing I knew nothing at all of, but if he insisted upon it I would go with him; I said I would put on my bonnet and cloak to go; he said it was a very hard case, but he thought it might be settled for a trifle of money.

Q. Did you, or Barnesley, say any thing upon that? - A. No; he stopped and had breakfast with us; he then said there was no occasion for me to go, Barnesley and himself could settle it; he said something about two guineas, and, I think, Barnesley gave him a half-guinea then, but I am not certain.

Q. Did you hear any more of the warrant? - A. No.

Cross-examined by Mr. Gleed. Q. Are you a married, or a single lady? - A. I live with Mr. Barnesley; and have done for six years.

Q. Before that six years, what was your name? - A. Wheeler.

Q. You do not mean a man that we know very well here? - A. I dare say it is the same.

Q. You don't mean a man who was transported or hung? - A. No; I lived along with James Wheeler .

Q. What is become of James Wheeler? - A. I don't know; I was married to him.

Q. How long is it since you saw this James Wheeler ? - A. Almost seven years.

Q. Your proper name then is Wheeler? - A. Yes; I have never gone by that name since I separated from him.

Q. Perhaps you expect him home very shortly? - A. I don't know any thing of him; I have never seen or heard any thing of him.

Q. Was he transported for life? - A. I have heard that he was transported, but never while he lived with me.

Q. Don't you recollect the time of his being apprehended? - A. No; I was at Edinburgh at the time.

Q. Then you don't know, perhaps, that he was tried at this place? - A. No.

Q. You never heard it? - A. No; I know nothing at all of him.

Q. Is that the only name you ever went by? - A. Yes; Gray is my maiden name.

Q. Were you never known by any other name? - A. I never acknowledged any other name.

Q. You were never known by any other name? - A. Not to my knowledge.

Q. Nor you never were called by any other name? - A. Not to my knowledge; I was never addressed by any other name.

Q. If any person should be infamous enough to say you were known by the name of Scotch Moggy, that is not true? - A. That is not my name.

Q. You never were called by that name? - A. I was never called so to my face.

Q. You were never known by that name. - Did you never hear the name of Scotch Moggy pronounced in your company? - A. I recollect I once was called by that name, I believe Mr. Townsend called me by that name.

Q. Who is this Townsend? - A. A Bow-street officer.

Q. How could you say, but just now, that you were never addressed or called by the name of Scotch Moggy? - A. That is not my name.

Q. You told me you were never addressed by that name - are you not publicly known by that name? - A. No.

Q. Don't all the thief takers in London know you by that name? - A. That is not my name.

Q. You have never heard that you were called Scotch Moggy by any description of people whatever? - A. Yes, I have.

Q. Pray, by what name does Barnesley call you? - A. Never any thing but Mary.

Q. Does not he always call you Moggy? - A. He never called me that in his life.

Q. You knew Caseby before; perhaps you had pretty good reason to know him? - A. That was the only time I had any reason to know him.

Q. You knew him as a thief-taker, did you not? - A. I understood he was as such.

Q. You were very much alarmed at a person of that description coming into your house? - A. No, I was not alarmed.

Q. Perhaps you may be a little familiar with people of the description of Caseby? - A. No. It was not a very pleasant sight, certainly.

Q. Pray, were you never in Mr. Caseby's custody before? - A. No.

Q. Never? - A. No; I don't think I ever was.

Q. Recollect yourself? - A. I am sure I never was.

Q. Do you remember how often you have been taken up? - A. I can't tell that.

Q. Were you ever taken up? - A. Yes.

Q. Have you been taken up five times? - A. I believe I have three times.

Q. Only three times - recollect yourself? - A. Three times.

Q. And pray what were you taken up for? - A. I was once taken up by Mr. Rivett, a Bow-street officer, under the Police Act.

Q. What! as a reputed thief? - A. I don't know for what; I was taken up being arm in arm with another person.

Q. Who were you taken up with? - A. An honest woman; and I was acquitted.

Q. If it has been said that you are a reputed thief, it is not so? - A. No.

Q. Your other little offences, what became of them? - A. I never was convicted in my life; I was acquitted twice.

Q. Always honourably acquitted? - A. I was always honourably acquitted.

Court. Q. You have been acquitted twice, what was the charge? - A. I was taken up by Sansum upon the charge of stealing a pocket-book.

Q. What was the second time, for a felony? - A. Yes.

Q. What sort of a felony? - A. I cannot recollect.

Q. That is impossible; I will give you as much time as you please - but no person was ever tried for a felony that could not recollect it? - A. I cannot say what, I am sure; something, I believe, of the same kind.

Q. Was it a handkerchief? - A. No; I believe it was a purse.

Mr. Vaillant. Q. You have been some time in custody? - A. Yes.

Q. Once taken by Rivett, as a disorderly person under the Police Act, and discharged? - A. Yes.

Q. Were you ever tried at this bar ? - A. I was arraigned at this bar .

Court. Q. What was the name of the woman that you were taken up with ? - A. Ann Whatman .

Q. Has that woman since been transported ? - A. No; she is now in London.

Q. Was she under any charge whatever ? - A. Never but then, in her life .

Mr. Vaillant . Q. Once was for stealing a pocketbook ? - A. Yes.

Q. The Grand Jury threw out the bill ? - A. Yes.

Q. The other time was for a purse ; and then you were tried here and acquitted? - A. Yes.

Q. Did you ever go, commonly , by the name of Scorch Moggy , or was it a nick-name that ill-natured people choose to give you ? - A. A nick-name .

Q. Upon your oath , is what you have told us true, with respect to this transaction ? - A. Upon my oath it is; I would not, for the world , say that which is not true.(Mr. Gurney addressed the Jury on the behalf of the defendant .) NOT GUILTY .

London Jury , before Mr. Recorder .

Reference Number: t18010415-144

438 . CHARLES JAMES SANSUM and SAMUEL YAWNER were indicted for a conspiracy .

There being an error in the indictment, the defendants were Both ACQUITTED .

London Jury , before Mr. Recorder .


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