Old Bailey Proceedings, 6th July 1803.
Reference Number: 18030706
Reference Number: f18030706-1

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Goal Delivery FOR THE CITY OF LONDON; AND ALSO, The Goal Delivery FOR THE COUNTY OF MIDDLESEX, HELD AT JUSTICE-HALL, IN THE OLD-BAILEY, On WEDNESDAY, the 6th of JULY, 1803, and following Days, BEING THE SIXTH SESSION IN THE MAYORALTY OF The Right Honourable CHARLES PRICE , ESQUIRE, LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY RAMSEY & BLANCHARD,

LONDON: PRINTED AND PUBLISHED, By Authority of the CORPORATION of the CITY of LONDON, By W. WILSON, St. Peter's-Hill, Little Knight-Rider-Street, Doctors' Commons.

1803.

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

BEFORE the Right Honourable CHARLES PRICE, LORD-MAYOR of the City of LONDON; the Right Hon. Sir ARCHIBALD MACDONALD, Knight, Lord Chief Baron of His Majesty's Court of Exchequer; Sir GILES ROOKE, Knight, one of the Justices of His Majesty's Court of Common Pleas; Sir SOULDEN LAWRENCE, Knight, one of the Justice of His Majesty's Court of King's-Bench; the Right Hon. THOMAS HARLEY, PAUL LE MESURIER, Esq. Sir JOHN WILLIAM ANDERSON, Bart. Aldermen of the said City; Sir JOHN WILLIAM ROSE, Knight, Serjeant at Law, Recorder of the said City; CHARLES FLOWER, Esq. Sir MATTHEW BLOXAM, Knt. and - LEE, Esq. Aldermen of the said City; and JOHN SILVESTER, Esq. Common-Serjeant of the said City; His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Goal Delivery of NEWGATE, holden for the said City, and County of MIDDLESEX.

London Jury.

Joseph Harvey ,

James Pardy ,

George Nightingale ,

Robert Romanis ,

Robert Noble ,

Richard Vandome ,

Joseph Coles ,

William Grace ,

James Hall ,

William Cranfield ,

John Cuffs ,

Thomas Neighbour .

First Middlesex Jury.

Henry Barker ,

William Smith ,

Joseph Britten ,

John Semple ,

William Ringer ,

Thomas Waring ,

John Dicks ,

John Lloyd ,

Joseph Patterson ,

Thomas Gardiner ,

John Beaumont ,

John Bailey .

Second Middlesex Jury.

William Harman ,

John Stewart .

Robert Griffiths ,

John Foster ,

William Mason ,

Samuel Benstead ,

William Green ,

William Nicholls ,

John Coventry ,

Henry Mason ,

Thomas Patmore ,

Peter Kingdon .

Reference Number: t18030706-1

519. WILLIAM GIBSON was indicted for feloniously stealing, on the 31st of May , a great coat, value 2l. 10s. the property of William Jennett , in his dwelling-house .

WILLIAM JENNETT sworn. - I am an apothecary ; I lodge at No. 53, Compton-street ; I have the shop and the lower part of the house; my landlord's name is Robert Chandler ; he lives in the house: On the 31st of May, I lost a drab great coat; I was not at home at the time; it was hanging inside the parlour-door; I saw it the same evening in the watch-house; the constable has it.

THOMAS BRYANT sworn. - I am servant to Mr. Jennett: On Thursday the 31st of May, about six o'clock, the prisoner came up to me at the door, and asked for a bit of blue ointment spread upon some lint; he said, Mr. Jennett don't know me, I am a medical man; I reached the pot down, and he spread the plaister; he then asked to go into the parlour to dress an ulcer; I shewed him into the parlour; I did not go into the parlour; I called over a little boy; he then came out, and looked among the bottles; he wanted to make some pills of tincture of bark and calomel; he asked if I had any made, and I said, no; he said, I will call again about nine o'clock, and if Mr. Jennett is not at home, we will knock up a few pills between us, and then you will have something in your own pocket. About nine o'clock he came again, as I was going to shut up shop; he said, he was come for some pills, and he wanted a small blister spread; he cut a piece of leather, and I was going to spread it with my thumb; he told me, if I would go round the corner into Church-street, and heat the patler, he would give me a shilling; I went, and when I came back, I saw him go out with my master's great coat on; I ran across the way, and caught hold of him, and said, you have got a coat that does not belong to you; he gave me the coat, and wanted to go away; he said, you have got the coat, what do you want more? I said, he must come back with me; he got away from me, and I caught him again; he then said, he would give me half a guinea if I would let him go; I got assistance, and he was secured.(John Alcock, a constable, produced the great coat, which was identified by the prosecutor.)

The prisoner did not say any thing in his defence.

GUILTY, aged 35, of stealing to the value of 39s.

Confined 12 months in the House of Correction , whipped in jail , and discharged.

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18030706-2

520. MARGARET TYE was indicted for feloniously stealing, on the 18th of April , a gown, value 8s. two shirts, value 8s. a petticoat, value, 3s. and twelve shifts, value 36s. the property of John Townrow , in his dwelling-house .

JOHN TOWNROW sworn. - I live at No. 43, Crispin-street, Spitalfields ; the prisoner lived with me as servant near a quarter of a year; I found two shirts and a petticoat at Mr. Clark's, a pawnbroker, in Bishopsgate-street, and a gown at Mr. Windsor's.

Mrs. TOWNROW sworn. - The prisoner was my servant; after the left me, I missed a great many articles; I missed a cotton gown out of a box, I had seen it after she came into my service; I also missed twelve shifts from a box, and the other things mentioned in the indictment; I missed the petticoat in March, and asked her about it, but she would not tell me any thing about it.

- Sworn. - I lodge at Mr. Townrow's; I saw the prisoner deliver a ticket of a petticoat to Mrs. Townrow last Wednesday was a week; Mrs. Townrow brought her from the work-house, and charged her with taking these things, and she denied it.(Joseph Saunders, and another servant to a pawnbroker, produced a gown, petticoat, and two shirts, which were identified by Mrs. Townrow.)

The prisoner did not say any thing in her defence. GUILTY, Aged 18, Of stealing goods to the value of 3s.

Confined 12 months in the House of Correction , fined 1s. and discharged.

First Middlesex Jury, before Mr. Justice Lawrence.

Reference Number: t18030706-3

521. MARY BROWN was indicted for feloniously stealing, on the 3d of June , a coat, value 2l. 2s. the property of John Blackmore , in the dwelling house of John Davis .

JOHN BLACKMORE sworn. - I am a carpenter ; I lodge in the house of Mr. John Davis , in Green-street ; I lost a coat, which was hanging up in my bed-room; I saw it on the evening of Friday the 3d of June, when I went to bed; I missed it at eight o'clock the next morning; the room-door was not fastened; a young man of the name of James Knight slept with me, and does now; he was up before me; after he was gone, I thought I heard my door go; I looked, and missed my coat; I got out of bed, and went down stairs; I overtook the prisoner on the landing-place of the stairs, with her back against the wall; I asked her who she was, and then I saw the coat drop from behind

her; I had never seen her before; she said, she had not a friend in the world; I took her back into the room, and dressed myself; I then got an officer, and took her to Bow-street. - (Produces the coat.)

Prisoner's defence. A young man asked me to breakfast with him that morning, and I made a mistake, and went to the wrong house; I never was in the room till the prosecutor took me into it; I never saw the coat.

GUILTY, aged 35.

Of stealing to the value of 39s.

Transported for seven years .

Second Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18030706-4

522. RICHARD HOLDING was indicted for feloniously stealing, on the 23d of May , two sheets, value 10s. the property of Samuel Lewis , in a lodging-room .

SAMUEL LEWIS sworn. - I keep a house, No. 31, Grub-street ; I let a furnished lodging to the prisoner: on Monday the 23d of May I gave him possession of it; he staid twelve days; on the 4th of June I missed two sheets, and had the prisoner taken into custody; he told me he worked at a drug mill; I went there to enquire, and found he never worked there at all; the prisoner owned he had taken them, and gave me the duplicates.

SARAH LEWIS sworn. - I let the room to the prisoner; he was to pay two shillings and sixpence a week; my husband gave him possession of the room; he never slept there at all, nor I never saw him again till he was taken up; he took the duplicate out of his pocket, and said he had pawned them.(A pawnbroker's servant produced a sheet, which was identified by Mrs. Lewis.)

ALEXANDER STEVENS sworn. - I am a constable of Cripplegate ward (produces a duplicate and a sheet); I received the duplicate from the prosecutor, and the sheet from a pawnbroker in Fleet-market; he gave up the sheet, and refused to let his man come.(Mrs. Lewis identified the other sheet.)

Prisoner's defence. I hope, as it is the first time, your Lordship will look it over.

GUILTY , aged 39.

Confined two months in Newgate , whipped in jail , and discharged.

London Jury, before Mr. Recorder.

Reference Number: t18030706-5

523. THOMAS DUTTON was indicted for feloniously stealing, on the 21st of June , four trusses of hay, value 14s. the property of Charles Whaley , the elder.

CHARLES WHALEY, the younger, sworn. -On Saturday the 18th of June, about ten o'clock in the morning, there were four trusses of hay found in the sheep barn, where we used formerly to keep sheep.

Q. Where was this? - A. At Potter's-Bar . The witness and I sat to watch between nine and ten in the evening; we sat up all night, and nobody came; we sat up again on Sunday night, and nobody came that night; we sat up on Monday night, and on Tuesday morning, about four o'clock, the prisoner at the bar came and took the four trusses away; about two hours after that he came into another barn adjoining that where we sat up, what we call the draught barn, with a ladder he got up into the lost window.

Q. Were you in a situation to watch both barns? - A. Yes; he went in at the lost window, which goes into the wheat barn, where we sat; he put his hand over the window to open the window; he saw me, and then he went away, and took the ladder with him. The prisoner was my father's servant, and he had been binding hay that day; the colour and quality was exactly like our's; we could not miss it.

Cross-examined by Mr. Gurney. Q.Are you in partnership with your father? - A. No, he has no partner.

Q. How long had the prisoner lived with your father? - A.Four years next Michaelmas; he was carman and hay-binder.

Q. How near to you was the person who was carrying this hay? - A.Not more than thirty yards.

Q.Was it moon-light? - A. No.

Q. It was a cloudy night? - A. Yes.

THOMAS LORD sworn. - I work for Mr. Whaley; I sat up to watch in the wheat barn with young Mr. Whaley on Saturday night, and Monday and Tuesday the same. About two o'clock on Tuesday morning the prisoner came and took four trusses of hay from under the stubble in the sheep barn, and carried it away; I don't know what he did with it; I have known him these three years.

Cross-examined by Mr. Gurney. Q.This was a cloudy night? - A. Yes, but it is never very dark at this time of the year.

Q. You do not mean to say that at thirty yards distance, at that time of night, you could see the man's face? - A. Yes, I am sure it was him.

Q. You did not follow the man? - A.No, we staid to see if he would take any thing else.

Q. Have you never said you could not see distinctly who it was? - A. Yes, I told the prisoner so.

Q. Did you not tell Mr. Warwick so? - A. Yes, I did; I said so, because the prisoner should not be resolute; I did not like to handcuff him, as I knew the man.

Q. Mr. Warwick is a respectable farmer? - A. Yes.

Q.Why did you tell Mr. Warwick so? - A. Because I had told the prisoner so; I had no particular reason.

Q. Did you not tell Mr. Warwick that Mr. Whaley could not see him too? - A. I do not know, I might.

Q.Perhaps what you told Mr. Warwick was the truth? - A. No.

Q. Are you quite sure you tell us the truth now? - A. Yes.

SARAH - sworn. - I am servant to Mr. Wharley: On Saturday morning the 18th of June, I found four trusses of hay covered over with dubble, which is a very unusual thing, in the sheep house, close to the rick-yard.

Prisoner's defence. I am innocent of the charge.

For the prisoner.

- WARWICK sworn. - Examined by Mr. Gurney. I am a farmer; I have known the prisoner ten years; he was in my service two years; he has always borne the character of an honest and industrious man. GUILTY . aged 24.

Confined 12 months in the House of Correction , fined 1s. and discharged.

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18030706-6

524. JANE HOLMES was indicted for feloniously stealing, on the 23d of June , a sheet, value 12s. the property of Richard Henson .

ELIZABETH HENSON sworn. - I am the wife of Richard Henson : On the 23d of June I lost a sheet; I missed it about half past ten in the morning; I saw it afterwards at Mr. Burton's, in Whitechapel; the prisoner was a stranger to me; I take in washing.

- BURTON sworn. - I am a pawnbroker; I took in this sheet from the prisoner on the 23d of June, between ten and twelve o'clock; I am sure it was the prisoner. - (Produces it.)

Prosecutrix. This is the sheet I lost; it is marked G B, and a number; it was hanging in the yard to dry.

Prisoner's defence. I am as innocent as the child unborn; a decent man that I met asked me to pawn it for him; he said, his wife was ill, and he was ashamed to pawn it, and he would give me a shilling for my trouble; I pawned it for three shillings; I gave him the money, and he gave me a shilling. NOT GUILTY .

Second Middlesex Jury, before Mr. Justice Lawrence.

Reference Number: t18030706-7

525. JOHN RUSSELL was indicted for feloniously stealing, on the 24th of June , a shirt, value 9s. the property of Elizabeth Martin , widow .

ELIZABETH MARTIN sworn. - I am a widow; I live at No. 1, Court-street, Whitechapel : On Friday the 24th of June, about four o'clock in the afternoon, I hung the sheet upon a line at the back part of the house; about three quarters of an hour after, I was going into the yard, and missed two shirts from the line; I went to Lambeth-street, and the man was taken the same night, but I did not see him till Monday at the Police Office; it was a new shirt; there was no name upon it; there was an old still to it; it was not quite finished, there were two buttons wanting, I often put them on afterwards.

Q. It was not a complete shirt till the buttons were put on? - A. No.

NOT GUILTY .

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18030706-8

526. MARTHA JEFFERYS was indicted for feloniously stealing, on the 27th of June , a piece of muslin, containing ten yards, value 1l. the property of John-Augustus Brooks , privately in his shop .

The prosecutor was called, but not appearing, the prisoner was ACQUITTED .

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18030706-9

527. HANNAH NORTON was indicted for feloniously stealing, on the 13th of June , a frock, value 4s. a skirt, value 1s. a pair of shoes, value 1s. 6d. a pin-a-fore, value 2d. a shift, value 1s. a petticoat, value 1s. and a pair of stays, value 1s. the property of Thomas Spencer .

HANNAH DAVIS sworn. - On the 13th of June I was standing at my own door, near Mrs. Spencer's, at Bethnal-green, on the opposite side of the way; I saw the prisoner leading the child away, she had hold of its arm; I went after her, and stopped her; I went to take the child away from her, she insisted I should not have the child; then I went and fetched the mother.

Q. She had not stripped the child? - A. No.

NOT GUILTY .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18030706-10

528. WILLIAM CASWELL was indicted for feloniously stealing, on the 25th of May , an axe, value 1s. a plane, value 1s. and two saws, value 2s. the property of James Hunt .

JAMES HUNT sworn. - I am a wheelwright , in Union-street, Shadwell : On Wednesday the 25th of May, I lost an axe, a plane, and two saws; I went to Blackwall about eleven o'clock, and while I was gone my tools were stole; I left my shop locked up; the hinges of the door were cut off; I found the things again a few days afterwards in East-Smithfield.

THOMAS BEALES sworn. - I keep a shop in East-Smithfield: On the 25th of May the prisoner brought two saws and a chissel; he offered them

for sale; I asked him why he sold his tools; he said, he was in distress, and was obliged to sell them; a few days afterwards he brought me an axe; I did not buy it; he called again in a day or two, and brought me the duplicate of the axe; he said, he was going to leave London; that he had a mother living at Bristol, and he could not take the axe out of pawn; I gave him 18d. for the duplicate; I gave the pawnbroker one shilling, and had the axe; it was the same axe that he had brought to me before; he then brought me a duplicate of a plane; he said it was pawned for sixpence, and he was going for Bristol; I gave the prisoner sixpence for the duplicate, and had the plane; it was pawned in the name of Caswell. -(Produces a saw.)

EDWARD COOMBER sworn. - Produces a chissel, a plane, a saw, and an axe); I received them from Mr. Beales on the 4th of June, by the direction of the prosecutor's wife.(The property was identified by the prosecutor.)

Prisoner's defence. The prosecutor was disguised in liquor, and left his tools outside the shop-door, he told me, if I would tell him where they were he would not hurt me.

Prosecutor. After he was in custody, I said, if he would tell me where they were, that I could get them again, I would not hurt him.

GUILTY , aged 63.

Confined twelve days in Newgate , fined 1s. and discharged.

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18030706-11

529. ROSETTA PRESTON was indicted for feloniously stealing, on the 10th of June , a gown, value 10s. the property of Sarah Green .

SARAH GREEN sworn. - I did live at No. 8, Gray's-buildings, Duke-street, Manchester-square . The prisoner was a servant out of place; she lodged in the same house; I was out of place at the same time; we both slept in one bed; I took my things down to be washed; I hung the gown across the wash-tub in the back kitchen, between eleven and twelve o'clock in the forenoon, on the 10th of June; I missed it a few minutes afterwards; I did not see it again till I saw it at the watch-house, on the Sunday following, in the possession of Betts. The prisoner lodged in the house before I went to it; I lodged with her three weeks.

- DARE sworn. - I am a pewterer, at No. 10, Duke-street, Grosvenor-square: On Saturday the 11th of June, the prisoner came into my shop, and asked me if I knew of a situation; I told her, I did not at that time; but if she would call as she was passing by, if I should hear, I would tell her; she had a small bundle in her hand, and begged the favour of me to let her leave it till she came back, she was going a little further; I told her she might; she did not call that day, she called the following day, which was Sunday the 12th of June; I asked her why she did not call for her bundle; I went to give it her, and she said, being sunday, she would not take it till the next day. About eight o'clock in the evening Betts came for the bundle, and told me she was in custody; I cannot swear to the bundle, the handkerchief in which it is, is like it; the same bundle that I received from the prisoner, I delivered to the officer.

HENRY BETTS sworn. - I belong to Marybone watch-house: On Sunday the 12th of June, the prisoner was in custody on suspicion of stealing a watch; she sent a little boy to the last witness's house; I thought it my duty to follow the boy; the boy first went into the shop, and I followed him; the boy asked for a bundle that Mrs. Preston had left; I told the last witness she was in custody, and he let me have the bundle; I found the watch in the bundle. - (Produces the gown.)

Prosecutrix. This is my gown.

Prisoner's defence. I bought the gown of her.

Q.(To Green.) Did you ever sell her this gown? - A. No.

Q. Did she ever offer to buy it? - A. No; after I had missed my gown, the prisoner said, she had lost a five-pound note, a ten-pound note, and a petticoat; another person lost a watch, and they said it must be me, and I was taken up; I was examined at Marlborough-street, and acquitted; before the gown was found the mistress of the house lost the watch, and I had seen her with a watch.

Betts. The watch was delivered back before the Magistrate.

Green. I saw her go out with a bundle the day I lost my gown, but I had no suspicion of her; she came back the same evening, and slept there.

NOT GUILTY .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18030706-12

530. EDWARD TUTET was indicted for feloniously stealing, on the 25th of May , two pair of stockings, value 5s. the property of Charles Luppino .

CHARLES LUPPIND sworn. - I live at No. 6, Berwick-street, Soho: On the 25th of May, between five and six in the evening, the prisoner came into my auction-rooms, walked up and down several times, as I was standing at the door, and went out; I had a suspicion he had taken something, and followed him to the corner of Dean-street and Compton-street; Blackman, the officer, was passing by, and I told him I suspected that man; I had frequently seen him at the rooms before; Blackman laid hold of him, and took two pair of stockings from under his coat.

Cross-examined by Mr. Knapp. Q. These stock

ings were sent to your rooms to be sold? - A. Yes, that morning, my man had ticketed them.

WILLIAM BLACKMAN sworn. - I am an officer; I searched the prisoner the corner of Dean-street and Compton-street, and found these two pair of stockings under his coat (producing them); I found two hundred and one duplicates upon him.

JAMES DUNNAGE sworn. - I am servant to Mr. Luppino; these are his stockings; I marked the lot upon them; it is my writing.

Cross-examined by Mr. Knapp. Q.When had you had a sale before? - A. That day week.

Q. Will you swear you had not sold these stockings that day week with the ticket upon them? - A. I am sure they were taken out of the rooms that night.

The prisoner left his defence to his Counsel, and called Mr. Galabin, Bridge-master, and one other witness, who gave him an excellent character.

GUILTY , aged 32.

Confined 12 months in the House of Correction , fined 1s. and discharged.

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18030706-13

531. MICHAEL WELCH was indicted for feloniously stealing, on the 29th of May , a silver watch, value 40s. the property of Patrick Ryan .

PATRICK RYAN sworn. - I am a journeyman shoe-maker , in Stewart's-rents, Drury-lane : On the 29th of May, about eleven o'clock at night, a friend of mine fell across my area; I was in the act of lifting him up, when I felt my watch dragged out of my pocket; I dropped my friend.

Q.Who dragged it out? - A.The prisoner; I immediately seized him, and said, you villain, you have taken my watch; there was another man close to him; he kept hustling me, but I kept hold of him; he hustled me three doors below my own house; my wife came out, and said, she saw the chain of my watch hanging out of his hand; the watch was found in the area of No. 6, three doors from my house.

MARY RYAN sworn. - I saw my husband have hold of a man, and I heard him drop the watch down the area; I saw the chain in his hand; I got the watch, and delivered it to the watchman.

- PIPPIN sworn. - I heard a great noise; I went out, and Mrs. Ryan desired me to fetch her husband's watch out of my area; I picked it up, and gave it to her.(Jeremiab Obrien, a watchman, produced the watch, which was identified by the prosecutor.)

Prisoner's defence. Ryan was along with a man of very bad character, and somebody shoved me up against him, and then he said I had taken his watch. GUILTY , aged 26.

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

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18030706-14

532. JANE ANDREWS was indicted for feloniously stealing, on the 23d of June , a chair, value 4s. the property of Jerome Barnes .

ELIZABETH BARNES sworn. - I live at No. 1, Wheeler-street; my father keeps an iron-shop : On a Wednesday evening, about five o'clock, I saw the prisoner sit down on a chair outside the door; she sat there about ten minutes; I went in doors, and when I came back, she had just turned the corner of the street with the chair; there was nobody at home but myself, and I could not go after her; about an hour after she came back again, and then I took her up; she said she was tired, and came back to rest.

Q. Are you sure the prisoner is the same woman? - A. Yes.

Q. Has the chair been found? - A.No; it was a Windsor chair; she came to sell some rags.

JEROME BARNES sworn. - I was out a portering; when I came home the chair was gone; I have known the prisoner by sight a long time.

Prisoner's defence. I am as innocent as the child unborn. GUILTY .

Confined twelve days in Newgate , fined 1s. and discharged.

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18030706-15

533. CHARLES FIELD was indicted for feloniously stealing, on the 20th of June , three printed books, value 3s. the property of John Mudie .

JOHN MUDIE sworn. - I live at No. 81, in Swallow-street ; I am a bookseller : About the 20th of June I missed Guthrie's Geographical Grammar, and the Test of Honour, two volumes; I lost them from the door. On the Saturday following I was passing through Crown-court, and saw them at a bookseller's door, George Kindon .

GEORGE KINDON sworn. - I bought these two volumes of the Test of Honour from the prisoner at the bar, and Guthrie's Grammar, which I have sold; I bought them either on the 20th or 21st of June, I cannot say which; I gave him fifteen-pence for them.

Mudie. I am certain these are my books.

Prisoner's defence. I bought them a month before on Snow-hill. GUILTY , aged 23.

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

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18030706-16

534. WINIFRED M'LOCHLAN was indicted for feloniously stealing, on the 27th of June , a pewter quart pot, value 15d. the property of James Lucas .

JAMES LUCAS sworn. - I keep the White Lion, High-street, St. Giles's : On Monday the 27th of June, at twelve o'clock, I sent a quart pot, No. 33, to the Royal Oak eating-house,

the corner of Lawrence-lane ; I put the number down; the prisoner was stopped with the pot upon her between four and five o'clock the same day; she had been an assistant cook at this eating-house.

GILES HEMENS sworn. - I am a constable: On the 27th of June, about four o'clock in the afternoon, the prisoner offered two pots for sale at a broker's shop, where I was promiscuously; she asked me if I would buy some pewter; I looked at the pots, and immediately took her into custody.(The pot was produced and identified by the prosecutor.)

Prisoner's defence. A little boy that I met asked me to sell them. GUILTY , aged 20.

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

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18030706-17

535. JOSEPH SEARLE was indicted for feloniously stealing, on the 28th of June , two shirts, value 8s. the property of William Stockley .

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

NOT GUILTY .

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18030706-18

536. JOHN THOMPSON was indicted for feloniously stealing, on the 16th of June , four gowns, value 25s. two petticoats, value 6s. a piece of cotton, value 1s. and a child's frock, value 5s. the property of Rachael Price , widow .

RACHAEL PRICE sworn. - I am a widow; I live in Crown-street, Westminster : On Thursday the 16th of June, between six and seven o'clock, I was sitting at tea in the front parlour; these things were in the back parlour looked out for the wash; I heard a noise, and a cry of, stop thief! I had seen the things there about ten minutes before; I had been in to put water into the tea-pot; I saw the prisoner run; I went to the door, and met my little girl with the things in her frock.

MARGARET PRICE sworn. - I am the daughter of the last witness; I was sitting with my mother; I heard the cry of, stop thief! and ran out; I saw my mother's clothes on the ground, the corner of King-street; I picked them up, and brought them home; they were loose.(The property was produced and identified by Mrs. Price.)

WILLIAM BUCKLAND sworn. - I am a brushmaker, the corner of Charles-street and King-street, Westminster: On Thursday the 16th, I heard the cry of, stop thief! I saw the man at the bar running with a bundle under his arm; he dropped the bundle opposite my door; I saw the girl pick it up; the prisoner was caught at the top of Charles-street; I helped to take him to Queen-square.

WILLIAM MORGAN sworn. - I heard the alarm; I went out, and met the prisoner with a bundle under his arm; he gave me a push, and ran; he dropped the bundle; I pursued and stopped him; I am sure he is the same man.

SARAH SPARR sworn. - I saw two men at my door; one of them had a bundle; I thought they were thieves, and I sent Morgan after them.

Prisoner's defence. I heard the cry of, stop thief! I ran, and this man laid hold of me, and I told him, I should have stopped the thief if he had not laid hold of me. GUILTY .

Transported for seven years .

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18030706-19

537. JOSEPH YEOMAN was indicted for feloniously stealing, on the 17th of June , twelve boards, value 30s. the property of Thomas Poynder , the elder, and Thomas Poynder , the younger.

THOMAS POYNDER, jun. sworn. - I am in partnership with my father, his name is Thomas: On the 16th of June I lost six scaffolding-boards and six other boards, from a place in Hill-street , that we have on purpose to keep them. The prisoner was a labourer employed by us; I had not missed them; I had information they were at the house of a man of the name of Reeve, a carpenter, the corner of Hill-street; I found at his house twelve boards in the back yard, three of them were marked with my name, and I have no doubt of the others being mine.

GEORGE WHITE sworn. - I am a mason, at No. 29, Windmill-street, Finsbury-square: On Thursday the 16th of June, I was looking out of my parlour window, and saw the prisoner come out of Mr. Poynder's yard, in Hill-street, with two boards on his shoulder, which appeared to me to be scassolding-boards; I saw him go to the corner of Paul-street, and put them off his shoulder; I thought he went into a house, but I could not see whether he did or not; Mr. Reeve's is the corner of Paul-street; in a few minutes he returned, and setched one more board; he took the saw a direction; then I saw him and another labourer go to the King's Arms public-house.

- REEVE sworn. - I am a carpenter, at No. 5, Paul-street; the prisoner came to me between eight and nine in the morning of the 16th of June, and asked me if I bought old boards; I told him, yes; he brought me one; he asked me half a crown, and I gave him two shillings; then he brought me four more, I gave him nine shillings for them; and then two more, and I gave him five shillings and sixpence; then two more at five shillings and sixpence; and then three more at eight shillings and sixpence; I shewed them to Mr. Poynder, and he claimed them.(One of the boards produced and identified by Mr. Poynder.)

Prisoner. I leave it to God and the mercy of the Court. GUILTY , aged 68.

Transported for seven years .

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18030706-20

538. SARAH BLACKALL , was indicted for feloniously stealing, on the 7th of June , a wheel, barrow, value 5s. the property of Amelia Wynn , widow .

AMELIA WYNN sworn. - I am a widow; I sell fruit in the street ; I lost my barrow from the court I live in, Fletcher's-court, Church-street, St. Giles's : On the 7th of June, after breakfast, I missed my barrow; I saw it afterwards at the watch-house; I left it over night in the court; a barrow-maker lives in the court, and there were a great many barrows there.

- MACARTY sworn. - On the 7th of June, at four o'clock in the morning, I saw the prisoner with a barrow; I took her before the constable of the night; she did not know where she lived, and could not give any account of herself, and I charged her on suspicion. Mrs. Wynn chaimed the barrow, she said she had, had the barrow six years.

CORNELIUS CURTON sworn. - I am a watchman; Macarty called to me, and I went with him and the prisoner to the watch-house; she was detained on suspicion.

Prosecutrix. I am sure it is my barrow.

Prisoner's defence. A woman asked me to wheel the barrow for her to the corner of Short's-gardens, and this man laid hold of me.

GUILTY , aged 20.

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

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18030706-21

539. MARY LEAF was indicted for feloniously stealing, on the 24th of June , a shawl handkerchief, value 2s. the property of William Porter .

WILLIAM PORTER sworn. - I live in Cranbourn-street, Leicester-fields ; I am a linen-draper : On the 24th of June, about the middle of the day, I saw the prisoner at the door; there was another woman in the shop, whom I suspected belonged to her; after she had pulled the things about for some time, she came in, and said, well, have you done, we'll go; I followed them, and saw the prisoner with her hand in her pocket; I put my hand into her pocket, and took out this shawl, which she had cut from the door; I saw it there not five minutes before; I sent for a constable, she was taken to Marlborough-street, and committed.

GUILTY , aged 30.

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

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18030706-22

540. ANDREW GILL was indicted for that he, being servant to Joseph Chabot , on the 2d of June , did receive and take into his possession 1l. 9s. 6d. for and on account of his said master, and having so received the same, fraudulently and feloniously did embezzle and secrete it .

Second Count. For a like offence, varying the manner of charging it.(The case was opened by Mr. Alley.)

CHARLES HICKSON sworn. - I am carman to Mr. Chabot; the prisoner was his servant : On the 7th of May I delivered to Mrs. Forbes 3cwt. of potatoes at 4s. per hundred; on the 17th 4cwt. at 4s. and on the 21st 3cwt. at 4s. making in the whole 40s. worth.

Cross-examined by Mr. Gurney. Q.How long have you lived with Mr. Chabot? - A.Very near a twelvemonth.

CHARLOTTE FORBES sworn. - I keep a greengrocer's shop; I had some potatoes from Mr. Chabot; I paid the prisoner for them as they were delivered; Hickson delivered them, and the prisoner gathered the money; he used to come sometimes the same evening, and sometimes the next day.

Q. Did you not take receipts? - A. No; he told me he could not write.

JOSEPH CHABOT sworn. - I am a potatomerchant, in Christopher-street, Spitalfields; the prisoner was my servant: On the 2d of June he gave me half a guinea; he told me it was half a guinea on account from Mrs. Forbes, and that she owed the remainder, 1l. 9s. 6d. which he never accounted for.

Cross-examined by Mr. Gurney. Q.How long have you carried on business on your own account? - A. A year and a half; I succeeded Mr. Gregory, I married his mother.

Q. I believe Mr. Gregory reserved a part of the business to himself? - A. No, he did not.

Q. Mr. Gregory assists in the business now? - A.He is taking the business again.

Q. During the time you have managed the business, what proportion has he had of the profits? - A. None.

Q. Did he not leave a part of his capital in the business? - A.None whatever.

Q. Mr. Gregory is living in the house? - A. Yes.

Q. How long has he taken the business again? - A.About a month ago.

Q. You had another servant of the name of Molloy? - A. Yes.

Q. He received money frequently? - A. No, he never was allowed to take money.

Q. Whether he was allowed or not, do you know whether the prisoner ever did account to Molloy for money he had received? - A. I am quite sure he did not.

Q. If he did account to Molloy, Molley never accounted to you? - A. He never did.

Q. Molloy has absconded, has he not? - A. He has left my service.

Q. Has he not absconded? - A. He is gone away.

Q.Has he not absconded? - A.I don't know what you mean by absconding.

Q.Upon the oath you have taken, do you not know what is meant by absconding? - A. I suppose you mean running away.

Q. You know I do - has he not absconded? - A. He is gone away; I had no charge against him.

Q. Did he not leave you in a hasty manner? - A. Yes.

Q. Did he give you notice that he was going? - A. No, he left me about three weeks or a month ago; about ten days after the prisoner was taken up, I had words with him, and he said, he would leave me.

Q. I believe there were certain penalties against Mr. Gregory from the Stamp-Office? - A. Yes.

Q.Was not the business assigned over to you merely on that account? - A.No, I never had an assignment prior to my marriage; Mrs. Gregory had a warrant of attorney against him for 450l. and finding he was getting bad, I entered up judgment, and came into the business; he went over to France, and came back lately.

Prisoner's defence. I have paid the money; I sometimes paid money to my master, sometimes to my mistress, sometimes to Mr. Gregory, and somethines to Molloy; I used to give it to any body that belonged to the house; I did not care who had it, so as I got rid of it.

For the prisoner.

ROGER BRANNING sworn. - Examined by Mr. Gurney. Q. Did you at any time live in the service of Mr. Chabot? - A. Yes, at the same time with the prisoner; the prisoner and myself used to be in the habit of paying money to Molloy that we had received for potatoes; he was Mr. Chabot's clerk; I hear he is gone to Ireland.

Cross-examined by Mr. Alley. Q.How long is it since you left Mr. Chabot's service? - A. Two or three months ago.

Q. Did he turn you away? - A. Yes.

Q. May I ask you for what? - A. I don't know for what.

Q. Did he tell you he did not think you conducted yourself too honestly? - A. No, he did not.

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

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18030706-23

541. MATTHEW BANKS was indicted for that he, on the 25th of December, in the 33d year of his Majesty's reign, at the parish of St. George, Kingswood, in the county of Gloucester, was married to Elizabeth Weddon , spinster , and that he afterwards, on the 5th of November, in the 41st year of his Majesty's reign , at the parish of St. Mary-le-Strand , feloniously did take to wife, Alice Higgins , spinster , and to her was married, the said Elizabeth, his former wife, being then alive .(Elizabeth Banks was called, but did not appear.)

MARY WEDDON sworn. - I was at the wedding of Elizabeth Banks to the prisoner, she is my sister; they were married by banns, at Kingswood, St. George's Gloucestershire, it was on a Christmasday, about ten years ago; I don't recollect what year it was, he is a shoemaker.

Q. When did you see your sister? - A. On Thursday.

DAVID-WYBUT PALMER sworn. - I am clerk of the parish of St. Mary-le-Strand; I was at the marriage of the prisoner, on the 5th of November, 1800; I knew him again, having seen him when he put up the banns, he was married to Alice Higgins.

Q. How do you know her name was Higgins? - A.From the intructions given me for the banns; I never saw her till she was introduced into the church to be married.

Q.There are a great number of persons married at St. Mary-le-Strand? - A.No, it has never exceeded fifty a year, for one hundred years; I have counted them for the population act.

Q. Have you seen the man since? - A. Yes.

Q. Are you sure he is the same man? - A. Yes.

Prisoner's defence. I lived with my first wife some time before I married her; Mary Weddon persuaded me to marry her, and said, she would be at the expence of it; I have been in the army several years; I did not know she was living; I had letters sent me, saying, she was dead six years ago; when I was about to marry my second wife, I fairly told her friends all about it, and they wrote to this very woman about it, before I married.

Q.(To Weddon.) How long did your sister and this man live together? - A.About two years.

GUILTY , aged 34.

Confined one month in Newgate , and fined 1s.

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18030706-24

542. JANE EVANS was indicted for feloniously stealing, on the 7th of June , a silver watch, value 3l. the property of John Pardon .

JOHN PARDON sworn. - I am a gardener , at Kentish-town: On the 7th of June, I met the prisoner about ten o'clock; I went with her to the Brown-bear public-house, in Broad-street, and then to her lodgings; I gave the prisoner two shillings and sixpence, and the people of the house one and sixpence; I awoke about eleven o'clock, and missed the prisoner; I called the servant girl, she came, and I missed my watch out of my coatpocket; I went in search of her, but did not hear of her till the fourth day after; I took her on the 13th of June.

Q.Are you sure that is the woman? - A. Yes.

JOHN ASHLEY sworn. - I am an apprentice to Mr. Dry, St. Martin's-lane, a pawnbroker; on the 8th of June, a woman offered a watch to pledge, she was a stranger to me, I lent her one pound upon it. (Produces it.)

Pardon. This is my watch, I found the duplicate upon the prisoner.

JAMES FITZPATRICK sworn. - I am a watchman; I took the prisoner on the night of the 13th of June, she gave me the ticket of the watch.(Produces it.)

Ashley. This is our duplicate.

Prisoner's defence. I bought the ticket of another woman, I cannot read, and she told me it was a ticket of a silk handkerchief.

GUILTY , aged 19.

Confined six months in the House of Correction .

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18030706-25

543. ROBERT GYTON was indicted for feloniously stealing, on the 31st of May , a time-piece, value 20s. the property of Thomas Goulding .

THOMAS GOULDING sworn. - I can only swear to the property.

ANN DUDLEY sworn. - I live at No. 10, Eagle street, my husband has lived these six years at Mr. Fuller's, in Orange-street: On the 31st of May, I saw Mr. Goulding's boy taking down the shutters about ten minutes before eight in the morning; when he had got to the last shutter, I saw the prisoner whip in and take a time-piece, he ran down Red-lion-street, and I after him; I called out stop thief, and Mr. Goulding's boy ran after me, he was stopped by Joseph Beale, I am sure the prisoner is the man, I never lost sight of him.

JOSEPH BEALE sworn. - I am servant to Mr. Prosser, the corner of Red-lion-street; I pursued the prisoner, and took a time-piece from him, I delivered it to Mr. Goulding, he had it inside his waistcoat.(The time-piece was identified by the prosecutor.)

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

GUILTY .

Confined six months in the House of Correction .

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18030706-26

544. GEORGE HORTON was indicted for feloniously stealing, on the 6th of July , seven yards of printed cotton, value 10s. the property of Thomas Barrett .

JOHN GODDARD sworn. - I am a shoe-maker, Mr. Barrett lives in Chapel-street, Westminster : On the 6th of July, about three o'clock, I saw the prisoner between Mr. Barrett's and Mr. Watson's shops, they are both linen-drapers ; I saw him unpin a piece of cotton, take it down, and put it in his apron; I immediately went into Mr. Watson's, brought the shopman to the door, and shewed him the prisoner; he immediately pursued him, and I went home, I was in haste to go to my work.

THOMAS WATSON sworn. - I am shopman to my grandfather; the last witness cried out, that a man was taking some handkerchiefs from our door; I ran out immediately, and saw nothing belonging to me was gone, but I went after him; I saw the print under his arm as he turned the corner, I cried out, stop thief, and in turning into Cooper-street arch, he put it before him and dropped it; I picked it up, and kept crying, stop thief; he ran into Orchard-street, and another witness came to my assistance, and he was stopped by Crofts; I am sure the prisoner is the man, he had been watching the door for three or four days.

ROBERT-THOMAS CROFTS sworn. - On Wednesday, the 6th of July, I was in Orchard-street, I saw the prisoner drop the print; I saw Mr. Watson running after him, halloaing stop thief, he ran down Pye-street; I caught hold of the prisoner, and another young man caught hold of him on the other side.

JOHN CRIDLAND sworn. - I am an officer, I was sent for to take charge of the prisoner.(The property was identified by Mr. Barrett.)

Prisoner's defence. I was going along, there was a row, and they laid hold of me.

GUILTY , aged 35.

Transported for seven years .

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18030706-27

545. JAMES WILLIAMS was indicted for feloniously stealing, on the 17th of June , a great coat, value 10s. the property of Thomas Bowman .

THOMAS BOWMAN sworn. - I am coachman to Lord Harcourt, Master of the Horse: On the 17th of June, I lost a red box coat off my box, in the King's Mews , I don't know, who took it, it was about two o'clock in the day.

THOMAS HOLLIS sworn. - I keep a sale shop, No. 31, Monmouth-street: the prisoner came to me on the 17th of June, about three o'clock; with this coat; he laid it on the counter, and said, there is a better by half than the other; I bought one of him on the 2d of June, and it was taken from me on the 3d; he asked me thirty-six shillings for this coat, I stopped him, he made his escape out of the shop, but was soon taken; I said, now, my friend, you must go with me to Bow-street; he said, for what, I told him he would know when he got there; I took him by the collar, he said, he would go quiet, but would not be held; he then gave a spring into the middle of the road, in a moment I pursued him, and took him.(The coat was identified by the prosecutor.)

WILLIAM PICKERING sworn. - I am an officer

belonging to Bow-street; I went to the King's Mews, and found out the prosecutor.

Prisoner's defence. I bought the coat.

GUILTY .

Transported for seven years .

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18030706-28

546. JOHN BROWN was indicted for feloniously stealing, on the 28th of May , a carpet value 10s. the property of Edward Ryan .

EDWARD RYAN sworn. - I am a slop-seller , at Wapping-wall : On the 28th of May, about one o'clock in the day, I was alarmed by a neighbour, that I was robbed of a carpet from my back yard; I pursued the prisoner, he turned out of the high-street; I got into Pennington-street, and then I saw him with my carpet under his arm; he saw me coming behind him, and he threw it down; I went on and took him, I never lost sight of him, it was my carpet; he said, it was his first offence, and that distress was the cause of it.

Prisoner's defence. I was running away from a press-gang, I never saw the carpet.

GUILTY , aged 43.

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

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18030706-29

547. DAVID EVANS was indicted for feloniously stealing, on the 15th of February , a cloth coat, value 15s. a waistcoat, value 4s. a pair of breeches, value 15s. and a handkerchief, value 1s. the property of William Dennis .

WILLIAM DENNIS sworn. - I am a baker , the prisoner and I lodged in the same house, the Hole in the Wall, King-street, Westminster ; he left his lodgings on the 15th of February, and on the 17th, I went to the house to look up my things to be washed, and on the Friday after, he owned he had taken them, I have never found them.

- JONES sworn. - Between the 15th and 16th, at midnight, I took the prisoner to the watch-house, he was very much in liquor, and had these things under his coat; he had a hearing on Saturday, and was dismissed; he was afterwards taken in Oxford-street, the clothes have not been found since.

NOT GUILTY .

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18030706-30

548. ANN M'CARTHY was indicted for feloniously stealing, on the 6th of July , a copper kettle, value 2s. 6d. the property of John Condon .

JOHN CONDON sworn. - I keep a public-house , the Bull's-head, in Charles-street, Drury-lane ; I can only prove the property.

DANIEL MEAD sworn. - I am pot-boy to Mr. Condon: On Wednesday evening, the prisoner came in, and called for half a pint of porter, she sat by the fire; the kettle was on the fire, boiling; about two minutes after she had had her porter I missed her and the tea-kettle; she left part of her beer in the pot, James Covey , who detected her, has not been here to day.

NOT GUILTY .

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18030706-31

549. ELIZABETH SWEEDON was indicted for feloniously stealing, on the 5th of June , two pair of stockings, value 2s. two shawls, value 3s. and two shifts, value 5s. the property of John Connor .

MARY CONNOR sworn. - I met with the prisoner; she said she was in great distress, and I took her in to clean up my place: On the 5th of June she left the house, and left my child in the cradle, and never came back; I have never found my things.

- FITZGERALD sworn. - I apprehended the prisoner, and sent for an officer, she dropped this shawl.

Mrs. Connor. I know that to be my shawl.

Prisoner's defence. I am as innocent as the child just born. GUILTY , aged 52.

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

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18030706-32

550. BENJAMIN HARRIS and CHARLES WILLIAMS were indicted for feloniously stealing, on the 4th of July , twenty-nine lambs, value 29l. and a sheep, value 30s. the property of Samuel-Robert Coffer .

JOSEPH CRACE sworn. - Q.You are bailiff to Mr. Coffer? - A. I am.

Q.Where does he live? - A. In the parish of North Mims, in Hertfordshire.

Q. On Sunday last, did you send Thomas Tew with any lambs and sheep? - A. Yes, twenty-nine lambs and a ewe, with a note, to the care of Mr. Baslington, a salesman, about six o'clock in the evening; I saw the sheep on Tuesday and yesterday, and am sure they are my master's property.

Q.Was there any thing remarkable about the ewe? - A. She had only one horn.

THOMAS TEW sworn. - I took the lambs and sheep towards Smithfield; I put them into pens about ten minutes past two o'clock last Monday morning, behind the Angel at Islington; I found the tallest prisoner, Harris, there; he helped me to put them into the pen, and I called out for the salesman, Mr. Basleton; he said, there was ne'er a one of the men there; he said, they are all gone away, but I will take care of them till you come back, or the salesman sends for them; then I went to Smithfield, and delivered my note; I made the best of my way home.

Q. Have you seen them since? - A. Yes, Crisp and Smith shewed them to me; I knew them to be the same; there were twenty-nine lambs and one horned ewe.

Q. Did you desire Harris to take them to Smithfield for you? - A. No.

JOHN DAVIS sworn. - Q. You are a drover? - A. I am: On Monday morning I was at the Angel door, between two and three o'clock; I saw the two prisoners there, I knew them before, they came from the Red Lion door; the little one said, b-r your eyes, make haste, and turn them out, for somebody is coming; they turned out the lambs; I don't know how many there were, they turned them all out; then the little one turned them towards the corner of the City Road; then the big one drove them down the City Road; I immediately went to Joseph Smith , the fieldkeeper, and called him up.

Q. Had you seen the lambs before? - A. No, I had not; I went with Smith as far as the river, and then I desired the watchman to go with him, and I saw Smith and the watchman bring them both back again in about a quarter of an hour; the lambs were left behind.

Q.Did you see the lambs? - A.No, it was between light and dark, that I could not see them; they were brown lambs.

WILLIAM CRISP sworn. - Q.You are a watchman at the pens at Islington? - A. Yes, at Pentonville; I was going round my beat between the hours of two and three, and saw the two prisoners sitting at the Red Lion door, opposite the pens; I sat down by them upon the bench for five minutes; while I was sitting there, Williams said to Harris,(upon seeing a drover getting some sheep out of the pens) go and see that they do not mix with the others; then the drover went away with them; I went away directly; the little one said, be quick, let us go and turn them out; and then they went and turned the lambs out, and drove them down the Goswell-street Road.

Q.Did you observe them particularly? - A. Not when they were driving them down; I did not apprehend but what they had a right.

Q. Is that the way to Smithfield? - A. Not the direct road; the direct road would be down St. John-street; Smith and I pursued them, and overtook them just by Goswell-street turnpike; Williams was in the road, and Harris was down in the field driving the sheep, I look upon it to avoid the gate; I laid hold of Harris, and told him he must go along with me; he did not make me any answer; Smith asked what they were going to do with them, and he said, they had no money, and were going to take them to the Green-yard; we took them to the watch-house, and then I went back, and fetched twenty-nine lambs and one ewe.

Q. Have you since shewn them to Crace and to Tew? - A. Yes.

JOSEPH SMITH sworn. - Q. You are fieldkeeper we understand? - A. Yes.

Q. In consequence of any thing said to you by Davis, did you follow the two prisoners? - A. Yes; I took hold of Williams, and asked him what he was doing with the sheep, and he said, they were going to take them to the Green-yard, because they had no money.

Q.Were you present when they were examined before the Magistrate? - A. Yes.

Q.Do you know whether what Williams said was taken down in writing? - A. No.

Mr. EDMUNDS sworn. - Q.Were you present at the examination before the Magistrates? - A. Yes.

Q.Was what the prisoner said taken in writing? - A. No.

Q.(To Smith.) Do you remember what Williams said before the Magistrate? - A. He said he was going to take them to Mr. Baslington, at Smithfield; he said a countryman ordered him to take them there.

Q.(To Tew.) Did you tell these boys to take them to Smithfield? - A. No; as for the little one, I never saw him at all; I told the other to take care of them while I went to Smithfield with my note.

Q.(To Crisp.) What did the little one say about turning them out? - A. He told the other to make haste in turning them out, or they should be too late, or something of that fort.

Harris's defence. This young man and I were sitting at the Red Lion door; one John Smith was taking some sheep out of the pens, and he called to somebody to help him, and I went and helped him; he went away towards Smithfield; I called out, shall I bring them after you, and he said, yes, and I took them down the Goswell-street Road, because they should not mix with the others.

Williams's defence. This young man told me the countryman desired him to take them down to Smithfield, and I helped him.

Harris, GUILTY , Death , aged 18.

Williams, GUILTY , Death , aged 17.

Second Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18030706-33

551. ELEANOR BROWN was indicted for making an assault, on the King's highway, upon Elizabeth Moore , on the 2d of July , putting her in fear, and taking from her person two pair of worsted stockings, value 6s. the property of James Henley .

Second Count. Charging them to be the property of Elizabeth Moore .

ELIZABETH MOORE sworn. - Q.Where do

you live? - A. At No. 73, Whitecross-street : On the 2d of July I met with the prisoner about two doors from my own door, between eleven and twelve o'clock at night. I had been to Mr. Henley's for three pair of stockings, and saw her with two men behaving rather rudely in the street. I stood on one side because I would not interrupt them, and she would not let me pass one way or the other, they took up the whole pavement, and I stood in a nook for them to pass; the prisoner caught hold of me by the shoulder, and by the cheek and hair; she fetched blood of me in several places; I had no bonnet on; then the men that were with her snatched at my parcel, containing three pair of stockings.

Q.What did she say to you? - A. We never spoke to each other; she got my head down between her knees, and then it was that the men snatched the parcel from me.

Q.Did the men say any thing? - A. No; I called out for help, and Mr. Paulin came to my assistance; the prisoner was taken into custody, and the men made their escape; I picked up one pair of stockings under the prisoner's feet, after the constable had taken her, Mr. Paulin picked up another pair of stockings.

Q.How came you to be carrying stockings at that time of night? - A.My mistress sent me to Mr. Henley's for a pair of stockings, and he sent three pair for her to take her choice; they were for my master.

Q.Had you ever seen the prisoner before? - A. I never saw her but once before.

- PAULIN sworn. - On Saturday evening I was standing at my own door, No. 78, Whitecross-street; I saw the prisoner pass by with two men, between eleven and twelve o'clock at night, and in a moment I saw an interruption in the street; I heard the girl cry out, and I went to extricate her from her situation; she is a servant within a dozen doors of me; the prisoner had hold of her hair, she was pinned down by the prisoner's two hands; she cried out, for God's sake, Mr. Paulin, take the bundle, and I picked up one pair of stockings; I saw one of the men strike at her; the other man ran away upon my coming up; I laid hold of the prisoner, and had a very hard matter to get her hands from the other's hair; I did not see the bundle in the girl's possession; in the scuffle the girl picked up another pair of stockings; the third pair was looked after, but could not be found; the stockings that I picked up I gave to the fellow-servant of this girl, Peter Meadows .

JAMES HENLEY sworn. - (Produces two pair of stockings); these are two of the three pair of stockings that I delivered to Elizabeth Moore .

Q.Where did you get them? - A. I got them at Worship-street on Wednesday; I am sure they are the same.

Q.(To Moore.) Can you tell which of these two pair of stockings you took up under the prisoner's feet? - A. Yes, these are them (pointing them out.)

Q. Was that one of the pairs you received from Mr. Henley? - A. Yes.

Q.Was it not Mr. Paulin that took the bundle from you? - A.No, the men took it; they burst the paper, and I got hold of but one pair.

The prisoner did not say any thing in her defence.

GUILTY , Death , aged 19.

The prisoner was recommended by the Jury to his Majesty's mercy, on the ground that the men took the property, and the prisoner only held the prosecutrix.

Second Middlesex Jury, before Mr. Justice Lawrence.

Reference Number: t18030706-34

552. ROBERT ASLETT was indicted for that he, on the 26th of February , being an officer and servant of the Governor and Company of the Bank of England , as such officer and servant was entrusted by the said Governor and Company of the Bank of England with a certain bill, commonly called an Exchequer bill, numbered 14l, which said Exchequer bill was of the value of 1000l. belonging to the Governor and Company of the Bank of England; and also with another bill, commonly called an Exchequer bill, numbered 2694, which last-mentioned bill was of the value of 1000l. belonging to the said Governor and Company of the Bank of England; and also with another bill, commonly called an Exchequer bill, numbered 1060, which last-mentioned bill was of the value of 1000l. belonging to the said Governor and Company of the Bank of England; and that he being such servant and so entrusted, did feloniously secrete, embezzle, and run away with the said bills, against the form of the Statute, and against the King's peace .

Second Count. Charging the bills to be certain effects.

Third Count. Charging them to be certain securities.

And several other Counts, varying the manner of laying the charge.

The names of the Jury were called over as follows:

Joseph Harvey challenged,

James Pardy sworn,

George Nightingale sworn,

Robert Romanis sworn,

Robert Noble sworn,

Richard Vandome challenged,

Joseph Coles challenged,

William Grace sworn,

James Hall challenged,

William Cranfield sworn,

William Cuffs challenged,

Thomas Neighbour challenged,

William Lloyd challenged,

Andrew Carr sworn,

William Clay challenged,

William Davis sworn,

Richard Hall challenged,

Joseph Barber challenged,

Charles Clinch sworn,

Peter Jones challenged,

Joseph Gorton , the younger, sworn,

Thomas Horton challenged,

John Bailey challenged,

James Osborne sworn,

Thomas Williams challenged,

John Hosier challenged,

William Sansum challenged,

Joseph Miller challenged,

John Moore challenged,

John Cooper challenged,

Thomas Beck sworn.(The indictment was stated by Mr. Knowlys.)

Mr. Garrow. May it please your Lordship. Gentlemen of the Jury, I have the honour to attend you by the instructions of the Governor and Company of the Bank of England, to state to you the case against the prisoner at the bar.

Gentlemen, this cause had been appointed for trial at a former Session; it was then postponed, and it will become my duty presently to offer to you the reason which induced the Governor and Company of the Bank, in the discharge of their duty, to postpone the trial of the cause at that time; it would be out of order to do it now, because it would interrupt more important narrative; and when I have stated it, I apprehend the conduct of those who requested that postponement, will not only be satisfactory, but will meet with the approbation of their Lordships.

Gentlemen. the case before you is of the last importance; it is of importance inasmuch as it affects the life of the prisoner; for the offence with which he is charged has for the security of this most important Corporation, and for the interests of us all, been made, by a statute of the last reign, a capital offence: It is a capital offence for any officer or servant in the Bank of England to embezzle or secrete any of the securities with which he is intrusted, and of which the Governor and Company of the Bank of England are, in many instances, trustees for the public. It will become my duty, and I think it will not occupy any great portion of your time, to state to you the manner in which the business of the Bank is carried on, as it respects this particular department.

Gentlemen, the prisoner, Robert Aslett , came into the employment of the Bank about twenty-five years ago; twenty-three years of that time he has passed in the office of Mr. Abraham Newlan , the Chief Cashier; and it is not unfit I should say thus early, that down to the period which brings him to this bar as a criminal, he had conducted himself very faithfully, and with very meritorious services. Some unfortunate speculations in the public Funds, in which he probably sustained some losses, appear to have drawn him aside from that fidelity, and in an unhappy moment to subtract from those securities under his immediate care immense portions of that property for which he is today to answer before you. In the year 1799, having thus passed through the gradations of office, Mr. Aslett was appointed a Cashier in the Bank You know it is part of the business of the Bank, and a very large part, to purchase Government securities of various sorts, particular Exchequer-bills, which are issued in vast amounts, and which that Company purchase to supply the exigencies of the State. The manner in which these purchases are made is this: When a quantity of Exchequer-bills are in the money-market, the purchase is left entirely to the management of the Cashier, and for a considerable time past, in consequence of the great age and growing infirmities of Mr. Newland, the principal Cashier, this business was under the entire controul of the prisoner at the bar. All the purchases made immediately from the Government, are made through the respectable house of Messrs. Goldsmid; those purchased in the money-market are made by Mr. Templeman, the broker to the Bank; a bill of parcels is made out; I will suppose Messrs. Goldsmid to make out an enumeration of the various Exchequer-bills, describing them by their numbers, so that every person sees immediately what the one has bought, and what the other has sold. This bill of parcels has been delivered, in all the instances to which I shall have to call your attention to-day, to Mr. Aslett; in all the instances it was his duty to compare the bundle of Exchequer-bills with the enumeration of them in the bill of parcels, and by his own order, with his own hand, to direct the payment from the Cashiers of the Bank for the bills so purchased. They are then entered by the prisoner in what is called the bought-book; a corresponding entry to the bill of parcels is made in the bought-book. The Exchequer-bills themselves are deposited in a strong chest kept in the Cashier's office, and from time to time, as they increase to a bulk, to be placed under the more immediate eye of the Directors themselves; they are selected by the prisoner for that purpose, and carried into the parlour, where the Directors transact the business of the Bank. The manner in which this is done, I shall proceed to describe: You will suppose a bundle of Exchequer-bills, containing one thousand each, amounting to 100, or 200,000l. in value, or perhaps it may be better to put it amounting to 227,000l. The course that is taken is to count off a certain number of those, and then another clerk counts off the remainder, in order to ascertain the number carried into the parlour by the prisoner; they are carried into the parlour, accompained by the book I have in my hand, in which it was his duty to enter the parcels he carried in. I shall state the entry presently. In the parlour they are received by the Directors in waiting; they are by them counted and examined, each by itself, to see if it corresponds with the entry in this, which I shall, for distinction sake, call the parlour-book, distinguishing it from the bought book. When this entry is made and compared with the bundles, two of the Directors sign the entry

as a voucher to the Cashier, that so much had been brought, and safely delivered from him into the immediate care of the Directors; and then the Exchequerbills thus brought into the parlour, are deposited by the Directors in a closet with three keys, and, generally speaking, it can only be opened in the presence of three Directors; but in certain exigencies it may by two; but no person, under any possible circumstances, can draw but in the presence of two Directors any thing from that strong closet which is there deposited. We will suppose then, that a parcel of Exchequer-bills are now safely deposited in the strong closet in the parlour, the Bank of England purchase these securities, and hold them till the time of redemption, they are never, by any possibility, again in the hands of the public; they are never, by any possibility, again in the money-market; they can, by no possibility, be there, but by the connivance of some two of the Directors of the Bank, in fraud of their duty, by opening the closet, and taking them out; for they are never sold, never re-issued, but remain there with an interest growing upon them, till the interests of the public make it a fit season for paying them, and then they are carried to the Treasury. It was the duty of Mr. Aslett to make this transfer of Exchequer-bills from the Cashier's office to the parlour, and on the 26th of February, the day to which your attention will be drawn upon this indictment, he did carry into that room a certain quantity of Exchequer-bills in one parcel, amounting to 100,000l. another bundle, amounting to 200,000l. and another, amounting to 400,000l. making in the whole of the transfer from the Cashier's office to the strong closet in the parlour upon that day 700,000l. He made the entry corresponding with this in the parlour-book, and it was regularly signed by two of the respectable Directors, Mr. Pugett and Mr. Smith. According to the entry, as it now appears in the book, Mr. Aslett ought to have carried into the parlour another bundle of Exchequer-bills, amounting to 200,000l. My charge against him is, that after he had made up four separate bundles, he withdrew the first, and converted it to his own use, or, in the language of the law and of the indictment, that he embezzled and secreted it. This I shall prove to the utmost demonstration unanswered. You will find, that the well-placed confidence which the Governor and Company of the Bank of England had in a servant of twenty-five years standing, (for if we may not have confidence in such servants, in whom can we place any?) enabled this gentleman, for a considerable time, to conceal the fraud and peculation which he had been guilty of. It was not until the 9th of April that any suspicion arose that any thing amiss had taken place; it was next to impossible it should be discovered, because there could have been no occasion to resort to this closet till the time of payment. No payment had been made in the intermediate time, and therefore it was next to impossible it should be discovered; but on the 9th of April, in consequence of a transaction which the prisoner had had with a gentleman of the name of Bish, a broker, an application was made at the Bank of this nature. Mr. Bish, a man much versed in business, was acquainted with the circumstance I have mentioned, that is, that Exchequer-bills once bought by the Bank never can again fairly come into circulation. It did so happen, fortunately for the purposes of justice, that upon an application to him on the 16th of day of March, he applied to Mr. Bish to make him a purchase in the 3 per Cent. Consols, for the opening of the succeeding day, to the amount of 50,000l. Mr. Bish refused to engage so deeply; he made several excuses, saying the fluctuation might be extremely great, and there might be a great loss. Mr. Aslett told him, if he deposited securities with him, he could have no objection, and enquired what the probable fluctuation might be. Mr. Bish informing him it might be 6 per Cent. the prisoner proposed depositing securities to make him safe; in consequence of which, he did deposit with him three Exchequer-bills, which, as I expressed myself before, fortunately for justice Mr. Bish knew had been previously sold to the Bank. This circumstance, you may suppose, considerably alarmed that gentleman, because he knew there must have been some foul and unfair practice, and therefore, as became him, he presented himself to the Bank, to disclose this circumstance to the Governor and Directors of the Bank. An enquiry was made, and the conduct of the prisoner on that occasion is extremely material; at this time it was impossible from any thing, but the information of Mr. Bish, that any suspicion should light on Mr. Aslett. Mr. Newland was resorted to, and a meeting of Directors had, at which attended a respectable Magistrate, likewise a Director of the Bank, Mr. Alderman Watson; and the qucstions that he put to Mr. Newland were these, in the presence of the prisoner: - "Is it possible that any Exchequer-bill, bought for the Bank, can get into circulation;" he said,"Certainly not, the thing is absolutely impossible (he might have referred to Mr. Watson's own knowledge upon the subject); you know, Sir, they are always deposited in the strong chest in the parlour." The question was answered, that the thing was impossible; upon that the question was repeated to Mr. Aflett himself, and his answer agreed with that of Mr. Newland, that the thing was absolutely impossible.

Gentlemen, as it was not given to Mr. Bish as a payment, but to remain a dormant security in his hands to wait the opening of the Consols, his attention was not called to this circumstance till the day of the opening, when he discovered they had been sold, which led to the communication and the conversation I have stated. Mr. Aflett, upon being asked the question whether any bought bill could by any possibility get into the hands of any person without the walls of the Bank, answered, as Mr. Newland had done, that the thing was impossible; it became necessary now, to make him acquainted that the Bank were in possession of the fact, - that some bills thus truly described, as not passing by any possibility but by fraud and embezzlement, had found their way into the money-market, and that three of them had passed to the hands of Mr. Bish, the prisoner was asked if he had not had some concern in that transaction; his answer was, that he had indeed directed Mr. Bish to make a purchase of stock, - that he had indeed made a deposit of Exchequer-bills with Mr. Bish, but he had done this for a friend; he was asked the name of that friend, and he wished to be excused from disclosing it; upon being pressed, he mentioned Mr. Hosier, a gen

tleman who is a partner in a respectable banking-house at the other end of the town; he had said, these could not be the Bank Exchequer-bills; he turned over two of the bought books, and certified to Mr. Watson, that they were not Bank property, because every bill bought by the Bank must be found in some bought book: but the fact was too apparent, for, upon turning to a book which lay immediately under those two which Mr. Aslett had looked at, the Directors immediately found the enumeration of the three bills which had passed to Mr. Bish, which he had thus stated could not be taken out of the Bank but by fraud, and which he had represented could not be the property of the Bank, because they were not in the bought books, it became impossible then but that this gentleman should be immediately secured; that measure therefore was taken. Now, I take the liberty here of pausing for a moment, and asking you, under the direction you will receive from the wisdom and learning that presides over this important trial, whether, if we were in the case of one security alone, deposited in the hands of any private man under the care of his confidential servant, and that deposited in a manner in which but by fraud it could not come into the hands of the public, and it is found to have come into the hands of the public, and by the intervention, and for the benefit of the considential servant, suppose I had to present such a case concerning some one security for money, would you not say it called loudly for explanation; and I am now speaking in a case in which there are two hundred of those securities, for the charge is an embezzlement of 200,000l. I will account not for the three alone deposited with Mr. Bish, but I will account for the whole of them: I will prove every one of them to have been converted by the unfortunate person at the bar to his own benefit, and if I do this, it will be impossible for charity itself to entertain a doubt about his guilt.

Gentlemen, the manner in which I shall account for them will be this: in the same manner in which he deposited Exchequer-bills with Mr. Bish, he deposited other Exchequer-bills with Mr. Ellet, Mr. Chambers, a banker, Mr. Van Summer , Mr. Oughton, and without satiguing you with names, with a number of other persons he had made deposits of Exchequer-bills, which will be found to correspond precifely with those drawn from the Bank. Three of them were traced into the possession of Mr. Bish, one is stated in this indictment, another in this indictment is pledged with a person of the name of Oughton, and of the rest I will give you this account: After Mr. Aslett had been taken into custody, his desk in the Cashier's office was examined, and in that desk was an envelope which had contained 200,000l. and there were found in it, under his own lock any key, bills to the amount of 16000l. which ought to have been in the strong closet in the Bank, and which, with those issued to Mr. Bish and others, will account for the whole 200,000l. and, with the exception of these, all the Exchequer-bills that were in the custody of the Bank on the 26th of February; all that are not paid by Government, are found in their proper places. My case against him, therefore, is this - that he is entrusted with these for the especial purpose of making them up into bundles, and carrying them into the parlour - that, in doing so, he withdraws a portion of them; I evidence that, by shewing his depositing them for his own benefit; I prove the bought book the correspondence of those in the closet; with the bought book I shall shew you that these are withdrawn, and all the rest are there. Is it possible then to hesitate, in coming to that conclusion which affects the case of the prisoner, that in an unlucky moment he forgot his duty and embezzled this property.

Gentlemen, I took the liberty of stating in the outset, that this case stood for trial at the former Session, and as it has occasioned much anxious speculation upon what ground it was not proceeded in, I will state what that ground was. I have however most distinctly to complain, and I hope their Lordships will not only forgive me in making that complaint, but perhaps they will join their high authority in the reprobation of that of which I now complain - I mean the gross and scandalous misrepresentations that have been made in various publications of the supposed causes of the trial being put off, and I hope to live to see the day in which the justice of the country will exert itself in the case of some poor unprotected man in rags, to punish those who dare, between the commitment of a person and his being arraigned before the trying Jury, to publish that by which he may run the risk of being prejudiced by exaggerated statements of his supposed guilt, by insinuations calculated to no possible good, but fraught with the utmost danger. Publications of this sort I have had the misfortune to see, respecting the gentleman at the bar; but I persuade myself confidently, that if any such have found their way into the hands of those to whom I am now addressing myself, you will discharge them from your minds altogether. It is our happy privilege, in the country in which we have the good fortune to live, to have the justice of the country administered by unprejudiced and impartial Juries, and I do hope that, if this practice of exciting prejudice in the public mind is not discontinued, the authors of it will meet with that condign punishment which they deserve.

Gentlemen, I will now state what was the real cause of the postponement of this trial, and as it is of the last importance that those whom I here unworthily represent, should not misconduct themselves in respect of the high duty they have to perform on behalf of the public, I know their Lordships will forgive the small portion of time that I shall consume in that statement.

Gentlemen, you observe the particular securities, respecting which you are at present called upon to enquire, are described as Exchequer-bills, which you know are issued in consequence of loans made for the public service, and that they are issued under the regulation of particular Acts of Parliament. By the Loan Act of 1799, a clause was introduced from the increase of the business in the office, in consequence of the vast demands which the public services required, by which a provision was made, that Exchequer-bills shall be signed by the auditor of the Exchequer, or some person duly authorized by him, with the approbation of the Lords Commissioners of the Treasury, in writing, under their hands, or under the hands of any three or more of them. It occurred to us to know upon the investigation, which it became the duty of the Bank to make, in order to lay the regular evidence before the trying Jury, - it

occuried to us to know, that upon the Loan of 1799, a gentleman of the name of Jennings was duly authorised to sign Exchequer-bills, but it happened, by some accident, which it is not for me to explain, that in the subsequent loans, though the same clause was inserted, requiring the authority of the person to sign for the Auditor of the Exchequer to be in the way I have stated, yet he continued to sign, acting under the old authority; - now it is clear, the public having derived the benefit of these loans, they have not suffered by this want of form, but as we were then at a period, when Parliament were not sitting, at a very important period, in the history of the country, we were aware that if it was to be stated, that all the Exchequer-bills which had been issued to the amount of many millions of money, had been issued with such an informality as to render them invalid, it might create such an alarm in the country as to affect the money market very considerably. The Counsel for the prisoner felt with me, and agreed with the Governor and Company of the Bank of England, that the trial should be postponed, and they took their share of the inconvenience till the period should arrive, when they might explain their conduct, they therefore took their share of the obliguy which might attach to it. The fact was no sooner known than the remedy was applied, a Bill was brought in reciting the former act, and reciting that the public had had the benefit of these Exchequer-bills, and therefore no fraud had been practised, thus the inconvenience is now removed. I hope the Court will excuse me for having taken up so much of its time, but I thought it necessary, in order to satisfy the public that there has been no improvident waste of time in the postponement that has taken place. The law that is now in force upon that subject, states that all Exchequer-bills issued previous to the passing of the present Act, signed by Mr. Jennings, should in all civil purposes be as valid from the first issuing of them as if they had been signed by the Auditor of the Exchequer.

Gentlemen, I am not to conceal from you, that this fact of the invalidity of these Exchequer-bills does create a considerable difficulty in carring on this prosecution - it is not perhaps the proper season for me to say much more upon that subject - it is impossible, that at any time that question can be in better hands to be decided than it is by the Judges upon the present occasion; all the learning, and all the intelligence necessary to such a decision certainly presents itself in Court at present. If the Court, upon considering the current of cases upon the subject, should be of opinion that these are not Exchequer-bills, so as to punish the person entrusted with them, as embezzling them; if their Lordships should consider it a clear case against the validity of the prosecution, I shall be satisfied with that notification; if on the other hand they should think it a question of such magnitude to be considered by all the Judges of England, or whatever course they may think fit to take, we shall he perfectly satisfied. Your province, as you know, is merely to decide upon the important question of fact; if we prove the facts as I have stated them, you will discharge your duty with the firmness of men, and find him guilty; if you have any possible doubt, if the excellent character I have already attributed to him, and which I have no doubt may be manifested to you by the most respectable members of society, if all this can induce you to entertain a rational doubt, you will give him all the benefit of that doubt, and with greater pleasure pronounce that he is not guilty.

Mr. ROBERT BISH called.

Mr. Erskine. My Lord, in order to save the time of the Court without entering at all this moment into the evidence, I wish, as Counsel for the prisoner, to address a few words to your Lordship's consideration. - My Lord, the indictment charges in every Count of it, either a larceny, or an embezzling of Exchequer Bills, which brings the question to this narrow point, whether under the circumstances which have been so honourably stated by my Learned Friend these are Exchequer Bills - Your Lordships have the Act of Parliament before you, and I believe also the late Act passed in consequence of this discovery being made of the informality in these Exchequer Bills. - Your Lordships see, in order to constitute these Exchequer-bills, the Act of Parliament, which alone can create these securities, must be observed, and there is no power given to the Lords of the Treasury to issue these bills, except in the form prescribed by the Act; they are either Exchequer Bills in the form prescribed by the Act, or they are nothing. The words are these, Provided always, that every such Exchequer-bill shall and may be signed by the auditor of the receipt of his Majesty's Exchequer, or in his name, by a person duly authorised by him, with the approbation of the Lords Commissioners of the Treasury in writing, under their hand, or by any three or more of them." Now it is admitted, that although Mr. Jennings had, in 1799, this special authority conferred upon him in strict conformity with this Act of Parliament, yet his authority did not extend beyond that which was given to him upon that occasion, namely, to legalize and create according to that Act of Parliament Exchequer-bills. By some oversight, without imputing blame to any body, that authority has not been renewed, these pieces of paper, therefore, are not Exchequer-bills, they are not Government Securities, they are nothing that your Lordship can recognize as a species of property. In this case, your Lordship observes, if I were to add any thing, I should be literally creating a difficulty where none exists; if we, on the part of the prisoner were to be entering into any analogies, into any legal considerations so as to assist your Lordship's judgement in deciding upon so plain a case as this, we should not be treating your Lordship with that respect we owe your Lordship, nor should we be serving the unfortunate gentleman with whose interests we are charged. My Lord, some cases are so extremely clear, that they will only be darkened by illustration; if there are securities which the Goverment have a right to create, it is for the Government to say under what forms it shall be created; the Government might direct that it should require no signature at all; they might direct that it should be signed by the Auditor of the Exchequer only; they might direct particular forms, they might create any form, or they might chuse to create no form, but unquestionably, if forms are prescribed, and those forms are not observed, the security is not created. Besides, I hold in my hand the legislative exposition of this; Parliament itself has declared it, and for us to labour from the bar what has been done by the Parliament of the kingdom, would be extremely pre

posterous. Parliament have declared them to be invalid, and if they had done otherwise, they would have fallen into the error they meant to correct; and considering the legal assistance which the Bank always have; and above all, the assistance which Parliament have, that it was the result of antecedent consideration, by those learned persons whose advice is always at hand upon such important occasions, namely, the assistance of the Attorney-General, himself a Member of the House of Commons, and other Crown-officers; I cannot suppose Parliament would have played and trifled with the securities of this country, especially in this momentous period, in which I think no one man can possibly differ from another. Parliament have thought fit to declare, after reciting the former Act, in the words stated by Mr. Garrow, that "Mr. Jennings was duly authorized by the said Auditor to sign the same with the approbation of the Lords Commissioners of the Treasury in writing under their hands, or of any three or more of them. And whereas Robert Jennings , Esq. was duly authorised by the said Auditor, and approved by the said Lords Commissioners of the Treasury, so to sign the said Exchequer-bills to be issued by virtue of the said Act. And whereas several subsequent Acts, for raising money by Loans or Exchequer-bills, have provided, that the Exchequer-bills to be issued under such Acts respectively, might be signed by such person as might be so authorised and approved as aforesaid, under and by virtue of each and every such Act respectively. And whereas the authority of the said Robert Jennings has been omitted to be renewed under each of the last-mentioned Acts, but notwithstanding such omission, the said Robert Jennings has continued to sign such Exchequer-bills, as if the authority given to him by virtue of the said first mentioned Act of Parliament, had extended to all Exchequer bills, subsequently to be issued, and had not been confined to such Exchequer-bills as were issued under the said first mentioned Act of Parliament; and whereas the public have had the benefit of the money raised by virtue of such Exchequer-bills, respecting the validity of which doubts may arise; be it therefore enacted, that all such Exchequer-bills as have been issued by virtue of any Act or Acts of Parliament passed previous to the passing of the present Act, and which have been signed by the said Robert Jennings, in the name of the Auditor of the Receipt of his Majesty's Exchequer as aforesaid, shall be, and be deemed to be, and to have been for all civil purposes, contracts, and engagements, as valid, and in as full force to all intents and purposes from the first issuing of the same, as if the same had been issued by the said Auditor." Then there is that humane proviso, which does so much honour to the framers of the Law, and is so consistent with the true principles of the British Constitution, not to alter this just regulation, so as to affect the unfortunate gentleman at the bar, or any other person."Provided always, that nothing herein contained shall extend or be construed to extend to prejudice, or affect in any manner whatsoever, any prosecution now depending, or which may be hereafter commenced for, or relating to any Act done previous to the passing of this Act, touching, or concerning, or relating to the said Exchequer-bills, or any or them, so as aforesaid, signed by the said Robert Jennings of his Majesty's Exchequer." This Bill could not possibly have been brought into the House, it could not possibly have passed, but from the consideration of Parliament, that these papers, which would otherwise have been Exchequerbills, are void and invalid, not being issued according to the provisions of the Act. I really should feel, that I was not only wasting your Lordships' time, but that I was not paying that respect and reverence which it is always my duty to observe towards your Lordships, if I were to argue this point any farther. One word more, however, I must add, I cordially concur with my honourable and learned Friend in the concluding part of his address, adding this also, that after the painful attention I have been obliged to give to the whole of this case, I see nothing that human precaution, foresight, or diligence, on the part of those excellent servants of the public who compose the Bank of England, that could possibly have altered or affected any one circumstance that can this day come before the Court for their consideration. It would be unworthy in me to insinuate whether any guilt belongs to this prisoner, because the time is not yet come, but this I must say, that the Bank, from the beginning to the end, has conducted itself with that ability, that diligence, and that attention to the great duties that belong to it, and the great interests of the public connected with those duties, as to render such attacks as have been alluded to, more infamous, because they are false and unfounded.(Mr. Serjeant Best, on the same side, called their Lordships' attention to the words of the Act, which he read.)

Mr. Garrow. My Lord, it becomes my duty to answer the argument of my learned friend; I admit, that for the purpose of proving the embezzlement, I must shew that this is an Exchequer-bill, and if it is not an Exchequer-bill for this purpose, to make it the subject of a charge upon an indictment, it is nothing. It appears to me the answer to my Learned Friend's argument is this, not that this is for all purposes a good Exchequer-bill, because to a certain extent my Learned Friend has a right to pray in aid a part of the late Act of Parliament, but otherwise they have taken care to leave this case precisely as it was before the passing of that Act."Provided always, that nothing herein contained shall extend or be construed to extend to prejudice, or affect in any manner whatsoever, any prosecution now depending, or which may be hereafter commenced for, or relating to any Act done previous to the passing of this Act" But with respect to that legislative exposition, even if we were in a civil action, your Lordships observe the expression in the Act, "whereas the public have had the benefit of the money raised by virtue of such Exchequer-bills, respecting the validity of which doubts may arise," and then it enacts that they shall have the same effect as if they were duly signed by the said Robert Jennings. My Lords, I am not attempting to say, that this is not a case of difficulty, but I am to submit to your Lordships such reasons as occur to me in answer to the objection. I say that, as against the Exchequer which issued that Bill, it was always a good Exchequer-bill, as against those who issue it; it should be taken to be an Exchequer-bill, with respect to the Bank of England, who buy it from the Exchequer, it must be taken to be an Exchequer-bill, but more abundantly as against the man who is entrusted with it as an Exchequer

bill, and who, as an Exchequer-bill, embezzles it, it must be taken to be an Exchequer-bill.

My Lords, the current of cases upon Bills of Exchange, and the stamp laws say this, that unless a Bill of Exchange shall bear upon it a stamp according to its denomination and value, it shall not be received as evidence in a Court of Law or Equity, and shall not be good or available. A case occurs to me of a man who signed his name to a paper, importing to be a Bill of Exchange; he was indicted for forging the Bill of Exchange of A. B. and it was proved clearly not to be the hand-writing of A. B. but the hand-writing of the prisoner. An objection was taken that it was not a Bill of Exchange. Why was it not a Bill of Exchange? It had a drawer, it had a payee, it had an acceptor, it had a sum, it had a date at which it was demandable, but it had not a stamp; and the law has said, that such a paper not having a stamp according to its denomination and value, shall not be received in evidence in any Court of Law or Equity, and shall not be good or available. Notwithstanding that, it has been decided by the wisdom of all the Judges, that for criminal purposes, that is, for the purpose of punishing the man who issues it as a Bill of Exchange, who obtains money upon it as a Bill of Exchange, that it shall not be open to him to call in aid a mere Revenue statute, to protect himself against the consequences of his own fraud, he having obtained money's worth upon it as a Bill of Exchange, and having no credit of his own, it shall not be permitted to him to say, it is not a Bill of Exchange. That is the case of Colin Reculist . My Lords, it does not occur to me to add any thing more. I am free to confess it is not a case without difficulty; but I submit to your Lordships this ought as well to be considered an Exchequer Bill, as the instrument in that case was held to be a Bill of Exchange.

Mr. Erskine. My Lord, my Learned Friend had admitted, that in order to obtain your Lordship's judgment against the objection we have taken the liberty to make, he must convince your Lordships that this is an Exchequer-bill, for it is so stated to be in every Count in this indictment; and my Learned Friend sets out with that which undoubtedly he was bound to set out with as the foundation of his argument, that as the Bank Act makes it a capital felony for any person to embezzle the securities of the Bank, of England, that person being a servant of the Bank, and being entrusted with them, my Learned Friend must shew, that the prisoner at the bar has embezzled an Exchequer-bill, the property of the Bank of England. My Learned Friend, after being bound to state that he must convince your Lordships of that, goes on to say, it need not be to all intents and purposes an Exchequer-bill. My Lord, if I were to address myself to my Learned Friend in any other place than this, I need not, I think, labour very much to shew that it is not an Exchequer-bill; and if it is an Exchequer-bill, it is to all intents and purposes an Exchequer-bill. In order to see that an Exchequer-bill is to all intents and purposes an Exchequer-bill, one has only to see what is the nature of it; it is the same as any other security to any private person, and it entitles the party, if it is not paid at the period when it becomes due, to tender it as a set-off against the taxes which Government have a right to demand against him; it is to be taken in payment as a security of Government, which Government must receive in payment of the taxes, which they have a right to call upon the public for; it is therefore a security entitling the person who possesses it to a specific demand against Government, provided always that it is an Exchequer-bill. Supposing this Act of Parliament had not been made, and this paper had been offered for taxes due to Government; supposing it had been refused, and an action brought, and the question was, whether Government were bound to receive that as an Exchequer-bill? Undoubtedly it would be unworthy the character of such a Government as that of this country to have refused it; but surely if it had been referred to the Judges, they would have said Government are not bound to consider this as an Exchequerbill, because it is not an Exchequer-bill, unless it is signed by the Auditor of the Exchequer, or some person duly authorised by him, with the approbation of the Lords Commissioners of the Treasury in writing under their hands, or of any three or more of them. These were the checks Parliament thought fit to interpose for the safety of the public; they had no authority from the Government to issue them in their own name without these checks and counter-checks. The Auditor of the Exchequer had no right to issue these bills of his own authority; he must do it by the authority of the Lords of the Treasury, and he had no right to appoint his Deputy, but with the approbation of the Lords Commissioners of the Treasury in writing under their hands, or any three or more of them; but your Lordships observe, unless he is so authorised as this Act requires him to be authorised, it is the same as if it had been signed by my Learned Friend or myself. Mr. Jennings, who formerly signed Exchequer-bills, signed them under an authority that was valid; but it extended no further than the Act which gave him that authority; he was functus officis; his signature has no more validity than if it had the signature of the officer of this Court.

Lord Chief Barm. Exactly the same as if it had not been signed at all.

Mr. Erskine. Just so, my Lord. I ought to take notice of the single case that was cired by my Learned Friend, and that is the case of Colin Reculist. That was a charge against the prisoner, Reculist, for forging a promissory note, and when Mr. Justice Grose came to deliver the opinions of the Twelve Judges, he said this:"The crime as charged against the prisoner by the words of the indictment, is clearly and satisfactorily proved. The proposition arising from the objection is, that the paper-writing stated in the indictment is not a promissory note, because it is not upon a stamp, and therefore cannot be given in evidence; but the question whether it is or is not a promissory note, depends upon the tenor of the instrument, and not upon the circumstance of its being stamped or not. Would it be possible to say if a man was charged upon the Revenue laws with issuing a promissory not unstamped, that that note shall not be offered in evidence, when the very charge is for having issued it without a stamp. Upon the whole I submit to your Lorships that the objection is good.

Lord Chief Baron. In considering questions of this kind, the magnitude of the offence can have no influence upon our decision; whether it is to the amount of a million of pounds, or half a crown, the law must be the same. To be sure, at such a time as this, if the offence did exist, we cannot but regret that it cannot be investigated, and investigated to conviction; but let us consider this, that we are making a small sacrifice to the regular and orderly administration of justice, as it has been handed down to us by our ancestors. We may thank God we have but few instances, in which it becomes necessary to make the sacrifice; and though amidst a great variety of cases now and then the guilty may escape by the defective forms of law, yet we have reason to believe it is the only price we pay, and it is but a small one for the stability of our criminal code.

As to the argument that this bill was taken by the Bank as a genuine Exchequer bill, that bill will not bear upon the fact, whether it is an Exchequer-bill or not. In the case of the forgery, the party was charged with having uttered a forged instrument, purporting to be a true one; but here it is positively charged in the indictment that this is a genuine instrument; I am therefore of opinion the objection is good.

Mr. Justice Rooke. In this case I form my opinion upon the very words of the indictment. In all the Counts this instrument is called an Exchequer-bill, and the question turns upon, whether it is an Exchequer-bill or not; and as I construe this Act, it is impossible for me to say it is an Exchequer-bill.

Mr. Justice Lawrence. It is certain, that in all indictments you must prove the property as it is charged; as for instance in cases of larceny, you must prove the goods as they are charged in the indictment. Here the charge is, that the prisoner embezzled an Exchequerbill, and a bill commonly called an Exchequer-bill; it must be proved, therefore, to be an Exchequer-bill. In the case stated by Mr. Garrow, the essence of the charge was not that he made a Bill of Exchange, but that he made a false instrument, purporting to be a Bill of Exchange; but here the essence of the charge is, that this is a good and true Exchequer-bill; but I am of opinion my Lord Grenville's name ought to have been put to it to make it valid.

Lord Chief Baron. Gentlemen of the Jury, you will acquit the prisoner.

NOT GUILTY .

There were nine other indictments against the prisoner, but being of the same nature, no evidence was offered.

London Jury, before the Lord Chief Baron.

Reference Number: t18030706-35

553. ALICE BENNET was indicted for feloniously stealing, on the 11th of June , twenty yards of lace, value 4l. the property of Moses Lany , in his dwelling-house .

MOSES LANY sworn. - Q.Where do you live? - A. In Tavistock-street, Covent-garden .

Q. Do you keep a house there? - A. Yes.

Q.What is your business? - A. I keep a laceshop .

Q. Do you remember the prisoner at the bar coming to your shop last month? - A. Yes, on the 11th of June, about five o'clock in the afternoon, she came in to match two bits of lace that she had in her hand: I told her I had not any of the same; I was in the shop alone; I carried some lace to some ladies in a carriage before she came in; I came back into the shop, leaving the lace in the carriage; I then went back again to the carriage, leaving the prisoner in the shop; I had told her I had no lace of that sort; I saw her go to the box where I had taken the lace from; I saw her hand in the box; it was on the opposite side of the shop from where I had left her; she took a piece of lace out with her right-hand; I went into the shop, and asked her, what she was going to do with that piece of lace; she said, she had not got any; I told her, I had seen her take a piece; I pulled down her apron, and there I found the piece of lace. - (Produces it.)

Q. What is the value of it? - A.Six pounds and upwards prime cost; as I had got my property I let her go, but some people about the door took her to Bow-street, and I was sent for; I did not with to prosecute her.

Prisoner's defence. I wanted to match some lace; that gentleman told me he could match one, but not the other; he desired me to stop a moment, he was going to a carriage, and while he was gone, I observed the lace upon the floor; I never moved a foot, and as he was coming in, I stooped to pick it up, and he said it was not mine, and I gave it to him.

GUILTY , Death , aged 25.

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

Second Middlesex Jury, before Mr. Justice Lawrence.

Reference Number: t18030706-36

554. WILFRY EYRES was indicted for feloniously being found at large before the expiration of seven years for which he had been ordered to be transported .

Mr. EDWARD KIRBY sworn. - (Produces a certificate of the conviction of Wilfry Eyres); he was convicted in this Court last September, and ordered to be transported for seven years; I know the prisoner to be the same person; he was delivered on board the hulks at Woolwich last February.(The certificate read, by which it appeared, that the prisoner was tried for stealing a silver watch, value 2l. 2s. the goods of Richard Taylor , in his dwelling-house, and that he was convicted of stealing goods, value 39s. and ordered to be transported for seven years.)

MICHAEL LEE sworn. - I am an officer; we had information of the prisoner being at large; we took him on the 16th of June , at the end of Russell street, Tottenham-court-road ; he was walking along with a man, who parted from him

at the end of the street; Blackman and Pickering were with me.

The prisoner did not say any thing in his defence.

GUILTY , Death . aged 16.

First Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18030706-37

555. JOHN THOMPSON, alias KELLY , was indicted for making an assault, on the King's highway, upon Mary Hurst , widow , on the 27th of May , putting her in fear, and taking from her person a set of knitting-needles, value 2s. a pair of spectacles, value 2s. a pin-cushion, value 6d. a night-cap, value 1s. and a basket, value 6d. the property of the said Mary.

MARY HURST sworn. - Q. At what time on the 27th of May did any thing happen to you? - A. At eleven o'clock at night, I was going to Hertford; I was short of money; I wanted to follow the waggon for company.

Q.Where did you come from? - A. Turnhamgreen; a man knocked me down.

Q. Where was that? - A.About a mile from Hammersmith ; he knocked me down, and used me terribly; I have been in the work-house five weeks.

Q.Where was the man? - A. Up against the pales by a bush.

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

Q.What did he knock you down with? - A. His fist, and then he wanted to be concerned with me; he said, he would lie with me, and I cried, murder! he said, he would pull my tongue out if I cried out any more; he beat me with his fist as long as he could; you never saw such a head as I had.

Q. Where did he strike you with his fist? - A. Every where; my head was as big as a peck, and he stamped upon my stomack; then he wanted to force my body; he put his hand up my petticoats, and used me terribly.

Q. Did he take any thing from you? - A. Yes, a basket with some trifles that I had; he did not leave me a halfpenny worth to sell; he ran away with it.

Q. Why did he go away - did any body come up to you? - A. No creature; I crawled upon my hands and knees till I met the watchman, Gibbs, and he guided me to an alehouse; the man was just gone.

Q. Did you ever see your basket again? - A. Yes, at the Justice's the next day.

Q. It was not light enough to see the man's face? A. Not to take full observation; I saw that he was of a dark complexion.

Q. What was there in this basket? - A. Books and ballads, cotton-laces, and a few sewingneedles; I had but a penny in the world; there was a pair of spectacles, some needles for making cabbage-nets, and a night-cap.

RICHARD GIBBS sworn. - Q.What are you? - A. I am night constable and watchman of the parish of Hammersmith.

Q. Do you remember at any time seeing that old woman? - A. Yes, five weeks ago last Saturday, about one o'clock in the morning, at the bottom of Hammersmith; she was crawling along on her hands and knees on the foot-path; I took her to the Chaise and Horses, a night-house, where the carts and waggons stop when they go to market; she was in a very bloody condition, and her head swelled as big as a peck; the blood ran out of her mouth; her eyes were very much swelled; she was quite frightful for any one to see; both her hands were bloody all over.

Q. Did you observe whether that was blood that had dropped from her mouth, or from an injury done to her hands? - A.I did not; her face was cut very much.

MATTHEW WELLS sworn. - Q.Were you at the Chaise and Horses at Hammersmith when Gibbs came in with the old woman? - A. Yes, last Saturday five weeks; I live there as ostler.

Q. What time was it? - A.About a quarter before three o'clock, I think, in the morning, and in consequence of what they told me, I came to London in pursuit of the man; I rode with Mr. Rutter, a butcher, to Oxendon-street; then I went back into Piccadilly, and met a man with a basket three doors on the other side of Air-street.

Q. Who was that man? - A. He said over night that his name was John Kelly .

Q. Had you seen him over night? - A. Yes, he had had two half pints of beer at our house.

Q. Was that man the prisoner at the bar? - A. Yes, that is the man; when I met him, I said, good morning to you, and he said the same to me. It rained very hard, and I asked him if he was not wet; he said, he was only a little wet at his back; I said, he had not come far; he said, he had come from Brentford; I asked him to go and have half a pint of purl; I said, I thought it would not hurt him; he said, he thought it would do him good; and when we had got about one hundred and twenty yards, I took him by the collar, and told him he was my prisoner; the watchman was in his watch-box, and we took him to Vine-street watch-house; I took the basket from him, and delivered it to the constable of the night; it contained some books and ballads, some laces, and other things.

Prisoner. He asked me what I had to sell in the basket, and I said it did not belong to me, it belonged to another man.

Wells. I asked him what he had got to sell, and

he said he had not got any thing to sell; he did not say any thing more till he got to the watch-house, and then he said another man gave it him.

Court. Q. What time did you see him at the Chaise and Horses? - A. Not till between twelve and one o'clock.

Q. How long before the other witness and the old woman came in? - A.About an hour and a half.

Q. Was any body with him at that time? - A. Nobody.

Q. Had he the basket with him at that time? - A. Yes.

Q. At the Chaise and Horses? - A. Yes; the basket stood upon the table before him.

Q. Are you sure the prisoner is the same man? - A. I am very sure of it.

Q. How long was he at the Chaise and Horses? - A.Half an hour; I dare say.

Q. Had you any conversation with him? - A. No, I never spoke to him while he was in the house.

Q. How came you to take notice of him? - A. Because I saw the basket standing upon the table, and I saw him there.

Q. What induced you to remark him more than any body else? - A. I always do, when any strangers come in at night; I was in and out, and saw him several times.

Q. How long a time might you be in the room when the prisoner was there? - A. I suppose I might be in five or six minutes at a time, three or four different times.

Q. Do you think you cannot be mistaken about the man? - A. I am sure I am not.

Q.Did he say a man had given it to him before he got to the watch-house? - A. No.

CHARLES LUPPINO sworn. - I am a constable; On the 27th of May last, the prisoner was brought to the watch-house at three o'clock in the morning by Wells; he gave me a basket, which I have had the care of ever since, (produces it); it contains the same articles that it contained when I first received it; I asked him his name, and he said, his name was John Kelly; but the next morning he said, at the Office, that his name was John Thompson, and that John Kelly was the man who had beat the woman.

Q. Did the Magistrate take down his examination in writing? - A. No, not any thing that the prisoner said.

Q. Who had charged him with beating the woman? - A.The ostler.

HENRY GOUGH sworn. - I am a watchman; On the 27th of May, the ostler came to me about half after two o'clock, and made enquiry if I had seen such a man, describing him; about five minutes afterwards, I saw him again, with the prisoner, and he gave me charge of him; I took him to the watch-house, he had a basket upon his arm, which the ostler took from him, I marked it at the watch-house, I saw it delivered into the care of the constable.

Q.(To Hurst.) Look at that basket? - A. It is mine; these cabbage-net needles are mine, I have had them these twenty years; here is a comb of mine, my cap, and my spectacles, these things were all covered over with paper to keep them dry; here is a pin-cushion, there were three of them.

Q.How was the man dressed? - A.In a jacket.

(To Luppino.) How was the man dressed when he was brought to the watch-house? - A.In a blue jacket; the next morning, as I was taking him to the watch-house, the old woman saw him, and immediately exclaimed, that is the villain.

Prisoner's defence. I am innocent of what is said against me; I left Brentford about ten o'clock; and as I came to Hyde Park turnpike, a sailor came up to me, and we walked together, it was very wet and dark, and in Piccadilly he gave me a glass of gin at the public-house; when we came out, he asked me to carry the basket, while he did a little job for himself, and I thought no harm of it, then this gentleman laid hold of me, I never was at the Chaise and Horses in my life.

GUILTY Death , aged 42.

First Middlesex Jury, before Mr. Justice Lawrence.

Reference Number: t18030706-38

556. SOPHIA BLUNDELL and CHARLOTTE WOOD , were indicted for breaking and entering the dwelling-house of Alexander Anderson ; the said Alexander Anderson , Sarah Beard , Maria Lynch, John Kile, and Rebecca Kile , being therein, about the hour of five in the afternoon, of the 21st of June, and stealing eight handkerchiefs, value 9s. five muslin half handkerchiefs, value 5s. two pair of stockings, value 2s. a petticoat, value 1s. two bed-gowns, value 2s. a cap, value 1s. and a waistcoat, value 1s. 6d. the property of the said Alexander Anderson.

ALEXANDER ANDERSON sworn. - Q.Where do you keep house? - A.No. 13, Strutton-ground, Westminster : I am a carver and gilder , I don't know any thing of the robbery.

GRACE NEWMAN called. - Q.How old are you? - A.Going of ten.

Q. You know you must tell the truth? - A. Yes.

Q. What will become of you, if you do not tell the truth? - A. I do not know.

Q.Have you ever been taught your catechism? - A. Yes.

Q.What becomes of wicked people after they are dead? - A. I do not know.

Q.Did you never hear where they go? - A. They go to brimstone and fire, I believe.

Q.And do you believe you will go there, if you should be so wicked as to swear that which is not true? - A. Yes. (sworn.)

Q. Where do you live? - A.At No. 62, the Half-moon, in Strutton-ground.

Q.How far is that from Mr. Anderson's house? - A. About five or six doors.

Q. Did you ever see these two women before? - A. Yes, I have seen them go into a chandler's-shop.

Q. Did you ever see them near Mr. Anderson's-house? - A. Yes, I think it was on a Tuesday, I cannot tell how many weeks ago.

Q. What time of the day was it? - A.Between five and six o'clock in the afternoon, one of them got in at the parlour window, the sash was open, then she opened the door, and went in again, the other staid outside.

Q.Which of them went in? - A.Charlotte Wood, (pointing to her;) she had nothing in her hand when she went in, but when she came out she had something in her lap, but I do not know what.

Q. How long did she stay in the house? - A.About ten minutes.

Q. How did she open the door? - A. She lifted up the latch, and when she came away, she left it wide open, they both ran down the street, and round the corner; they came back again in about a quarter of an hour, and one of them said, here goes it again.

Q.Which of them was that? - A. I believe it was the big one, but they went away and did not do any thing, there were some children about, and they went away.

Q. Had you seen these women except going into a chandler's-shop before that day? - A. Yes, I have seen them a good many times, a long while ago.

Q. Are you quite sure they are the women? - A. Yes.

Q.(To Anderson.) Did you at any time lose any property out of your house? - A. Yes, on Tuesday, the 21st of June.

ANN ANDERSON sworn. - Q.Did you at any time in June last lose any thing out of your house? - A. Yes, on the 21st of June, on Tuesday evening, between five and six, I lost seven pocket-handkerchiefs, five muslin handkerchiefs, a large calico handkerchief, two srilled bed-gowns, a cambric muslin petticoat, a waistcoat, and other things, two pair of men's cotton stockings, a man's waistcoat, and a muslin cap.

Q. Had they been washed by you? - A. Yes, all washed, and ready for sending home; I brought them between two and three o'clock into the front parlour, locked them in, and left the key in the door; I left one window a little way open, with a muslin curtain before it, to let the air in; I went out about four o'clock, and returned between eight and nine; when I got into my own door, I missed my things.

Q. How was the door when you came back? - A. I cannot tell, I believe it was locked, but cannot say; I have seen one of the handkerchiefs at the pawnbroker's, and one at another, which I can swear to.

Q. Who did you leave in the house? - A.My husband, at work in the shop, in the back part of the house, in the back parlour.

Q.(To Anderson.) Were you at home on the 21st of June, at four o'clock? - A. Yes; I went out about half past seven; my wife was at home before I returned.

Q. Who was in the house besides yourself? - A. My lodgers, I suppose so; I believe some of them, if not all, were at home; they are not here.

JANE COREY sworn. - Q.Where do you live? - A. At No. 13, Strutton Ground, Westminster, next door to Mr. Anderson.

Q. Do you remember seeing either of the prisoners on the 21st of June? - A. Yes; both of them passed the door where I stood.

Q. Had you ever seen them before? - A. No.

Q. Are you certain they are the persons? - A. Yes.

CHARLOTTE GLOVER sworn. - Where do you live? - A.At the sign of the Westminster Arms, in Tothill-street.

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

Q. Did either of them offer to sell or give you any thing? - A. On the 22d of June, Sophia Blundell, in the morning, between five and six, knocked at my window, in the lower room, in the backyard, before I was up, as I was not then in place, and asked me for a light; I told her I had none; she asked me to strike one; I said I would; she asked me if I would have any thing to drink, but said, she had no money; she said, she had a white pocket handkerchief, and said, I should have it for sixpence; I gave her the sum she asked, there was a tear at the corner; I pawned it at Mr. Basson's, in Tothill-street, about seven o'clock, and Charlottee Wood pawned another article for nine-pence at the same place, and Sophia Blundell pawned a dimity petticoat for nine shillings, at a shop that was Mr. Hill's, at Charing-cross, I was with them.

JOHN BLASSON sworn. - Q. What have you got there? - A. A pocket-handkerchief, which I received from Charlotte Glover, on Wednesday the 22d of June, and lent a shilling on it.

Q.(To Glover.) Look at that handkerchief, is that the handkerchief you received from Sophia Blundell? - A. I can swear to a mark I made myself; this is the handkerchief, I know it by the darn.

- STACEY sworn. - Q. What are you? - A.

I am servant to Mr. John Dobree, Charing-cross, who is a pawnbroker; this pair of stockings was pledged on the 22d of June, between seven and eight o'clock in the morning, by one of the women; Charlotte Glover , and the prisoners came in, but I cannot say which pledged them for nine-pence.

JAMES BLY sworn. - I was present when they were examined, and I went to the pawnbrokers for the things; I know no more.

Q.(To Mrs. Anderson.) Look at that handkerchief? - A.This is the property I had delivered to me to return home again.

Q. Is that one of the handkerchiefs left in the parlour when you went out, and was missing? - A. Yes, marked A. S. No. 48.

Q. Do you know the stockings? - A. Yes, marked I. N.

Q.What is the value of the things missing? - A.About thirty-six shillings.

Q. What is the value of the stockings? - A. The handkerchief one shilling, and the stockings four shillings.

Sophia Blundell's defence. I live in the same house with Glover; she came to my door about six o'clock, I let her in, she asked me if I would give her any thing to drink, I said, I did not care, she said, she had no money, but would take nine-pence for a pocket-handkerchief, which I gave her, and we had something to drink; she fetched it, I saw the stockings in her possession, and went with her to the pawnbrokers to pawn them.

Charlotte Wood 's defence. I was in bed with Blundell, when Glover came into the room and saw her sell the handkerchief.

Stacey. On the 21st of June, a little after six o'clock, those women entered our shop with a lap full of things, but they being drunk, we would not take them in; at the top lay a bed-gown, Blundell had the things.

Blundell, GUILTY , Death , aged 20, Wood, GUILTY , Death , aged 18.

First Middlesex Jury, before Mr. Justice Lawrence.

Reference Number: t18030706-39

557. MATTHEW WEBSTER, otherwise CHUBBY , was indicted for feloniously stealing, on the 25th of April , five sheep, value 5l. the property of Thomas Field .

(The case stated by Mr. Gurney.)

THOMAS FIELD sworn. - Q.What are you? - A. A salesman .

Q.Had you any number of sheep, on Sunday the 24th of April? - A. Yes, at Mile end; some at one place, and some at another.

Q. Do you know any thing of the sheep before they went to market? - A. I saw them on Sunday forenoon.

Q. Who was the person by whom they were to be brought to Smithfield ? - A.Smith, who is my master-drover, he had them delivered to him, for him and his men to bring to Smithfield-market.

Q. Did you see the sheep on Monday morning in the market? - A. I saw all the drove, except five, on the Monday morning.

Q. Were they all of one lot, or of different lots? - A.They belonged to three different employers.

Q. In consequence of any information you received, did you go to the house of Wells, in Turnmill-street, on the Monday morning? - A. I did, about noon.

Q. Did you there find the carcases of any sheep? - A. I found five sheep hanging by the heels, and the sat and feet of two in a pail.

Q. Did you find the heads? - A. Yes.

Q.Where did they lay? - A. On the ground, by the pail; they were all locked up in a dark place, separated from the shop.

Q. Was there a butcher's shop at this place? - A. Yes, one side was open, the other was shut, and on the side that was shut, the sheep were.

Q. Was it parted off, so that they were concealed from view? - A. Yes.

Q. Was it light or dark? - A.Dark, so that you could not discover what there was without a candle.

Q. Were you enabled to form any belief, whether they were the carcases of the five sheep you lost? - A. Yes, they certainly were the carcases of the five sheep I had lost.

Q. Where they five sheep of three different lots? - A. Yes, one and one and three.

Q. Did that correspond with what you lost? - A. Yes, they did, and the teeth corresponded with the teeth of those I had, and in age, size and weight; I have no doubt they were my sheep, I am as certain as any man can be, without seeing the skins on their backs, they were the sheep I lost.

JOHN SMITH sworn. - Q.Are you master drover to Mr. Field? - A. Yes.

Q. On the night of Sunday, the 24th of April, had you a number of sheep to bring to Smithfield market? - A. Yes.

Q.How many? - A. I cannot rightly say now.

Q. Were there several hundreds? - A. Yes, near upon six hundred.

Q. What time did you come from Mile-end to Smithfield? - A.About nine o'clock, and got to Smithfield a little after ten at night; the general lot we take at once, is about two hundred, I took two hundred and thirty-seven with John Durant.

Q. In whose care did you leave the remainder? - A. I sent the prisoner back to Mile-end for them.

Q.With any body else? - A. No.

Q. How many was he to bring? - A. I cannot say how many there were of them.

Q.Was he to bring them all? - A. Yes.

Q. At what time did he come to market? - A.Between twelve and one.

Court. Q.Was he to have no assistance? - A. He had been a drover before; they were divided into three droves; the first he brought safe, the second he brought between twelve and one, and I found five wanting.

Q. Did you ask him how it happened? - A. I said there were five wanting, and told him to go round the market, he went one way, and I another to look for them.

Q.What did he say at the time you missed them? - A. He said, he did not know any thing of them.

Q. What time was it you sent him to Mile-end? - A. It might be about seven o'clock in the morning.

Q. Did he come back again to you from Mileend? - A. Yes, it might be about nine or ten o'clock; when he came back, he said, he could not find them, that he had been all round the place, but could not find them.

Q. Did any thing more pass between you and him? - A. No more than I told him to mind the penns, and I would look after them myself.

Q.How soon did you see him again? - A. About two hours and a half; when I had got some information, I went back and saw the prisoner standing by the penns, I and my master went to the butcher's-shop.

Q. How soon did you apprehend Wells? - A. It might be about three quarters of an hour after, between twelve and one.

Q. Did you see Webster after you had taken Wells up? - A. No, I went back to the penns, and he was gone.

Q. Had he left your service, or was he about it? - A. Yes.

Q. When was he to have left it? - A.When the sheep were all gone.

Q. You don't mean that you intended to dismiss him? - A.No.

Q. Did you ever see him after you had taken up Wells? - A.No.

Q. You went to Wells and saw the carcases? - A. Yes.

Q. Do you believe them to be the carcases you had lost? - A. Yes.

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

Q. Do you know Turnmill-street? - A. Yes.

Q. Is that the way from Mile-end to Smithfield? - A. No.

Q.Where is it? - A. Just down Cow-cross.

Q. If they came direct from Mile-end, they should come down Long-lane? - A. Yes.

Court. Q. Do you know whether the other drove you sent him for, and which he brought came down Long-lane? - A. Yes.

Q. Did you observe the last drove come in by Turnmill-street? - A. Yes; I said, Chubby, this is not the way from Mile-end; he said, the sheep had broke out at the top of Long-lane, and had run that way.

Q.Had he a dog to assist in driving? - A. No.

Q. What age is he? - A. I don't know, he may be fourteen or fifteen.

Q. Did he say where they broke out? - A. No, that is all that passed between him and me.

Q. What time did you send him for the last lot? - A. It might be about half-past nine at night.

Q. How long would it require for such a lad to go and fetch them? - A.About a couple of hours, if the sheep are not very lame.

JOHN BOYLE sworn. - Q. What are you? - A. A patrol.

Q. On Sunday night the 24th of April, did you see any sheep in Turnmill-street? - A. Yes, a considerable quantity.

Q. In whose care were they? - A. The prisoner's.

Q. Did you see any other person? - A. I did not.

Court. Q. Are you sure it was the prisoner? - A. Yes.

Mr. Gurney. Q.Did you know him before? - Yes.

Q.Whose house were they opposite? - A. The sheep were between Mr. Booth's, the distiller's, and the street, called Benjamin-street, opposite the house of Harvey, otherwise Wells, a butcher.

Q. How long did they stop there? - A. Near half an hour.

Q. Did that circumstance induce you to make any particular observation? - A. After I had information by the watchman, and seeing a light in a certain house, I went and put my foot on a window shutter of Wells's house, and looked in, and saw him begin killing the sheep.

Q. How many did you see him kill? - A. I could not say, because he wavered about with the light in his hat, which is deceiving.

Q. Did you see him kill more than one or two? - A. Yes, and saw him put them in a concealed place, on the right-hand side of the shop, because I knew where to find them when I obtained the warrant.

Q. Did Butler watch as well as you? - A. No.

Q. Did you see Wells go out in the morning? - A. Yes, about five o'clock.

Q. Had he any thing with him? - A. Yes, a bundle under his right-arm.

Q. You gave such information as led the prosecutor to the house? - A. Yes.

Court. Q.Did you see the prisoner converse with Wells? - A. I saw him with no person.

Q.What was he doing? - A.Standing to and fro with the drove very near the house.

Q. Did he stand close to the house? - A. Not far from it, within a door or two; he might have been to the house and walked away, as I approached it.

Q. How were the sheep? - A.Both on the pavement, and on the road, in every direction round the house.

Q. The prisoner was not attempting to drive them on? - A. No.

Q. You did not see Wells take any sheep into his house? - A. No, the house was in darkness, and the camps were out.

Q.You did not see Wells drive any sheep in? - A. No.

JAMES BUTLER sworn. - Q.Are you a watch man in Turnmill-street? - A. Yes.

Q. On Sunday night, the 24th of April, did you see any sheep? - A. Yes, a great quantity.

Q. Did you see who had the care of them? - A. Yes, the prisoner at the bar.

Q. Did you know him before? - A. I had often seen him go by with sheep.

Court. Q.Had you seen him drive any sheep that way the same evening before? - A. No, only that time; there were no sheep on that spot at twelve o'clock.

Q. You say, you saw him go by driving sheep, often before? - A. Yes.

Q. Had you seen the sheep standing before Wells's door? - A. No, mostly going on; I never took particular notice.

Mr. Gurney. Q. There were no sheep in Wells's shop, at twelve o'clock? - A. No, it is close to my box; because I heard nothing at all; the moment I came round, and the slock was gone, I heard them bleating.

Q. How long did they stand there? - A.About half an hour.

Q. You told Boyle this? - A. Yes.

WILLIAM CHALLICE sworn. - I am a Police-Officer, and apprehended the prisoner on the 2d of June, in Smithfield, at the Golden-Lion, between twelve and one at night; the landlord was pushing him out of the house.

Court. Q.(To Smith.) When you missed the sheep, you say, you talked to the boy about it, that he had brought them the wrong way? - A. Yes.

Q. Was any thing said about being done out of the sheep? - A. No, I said that to the drover.

Prisoner's defence. I know nothing of the sheep, I brought them along from Mile-end road, down Barbican, when a dog ran in among them, and they ran away from me down Goswell-street; I followed them, and when they stopped, I turned them down the first street I came to into St. John's-street, and then went into Smithfield.

GUILTY , Death , aged 19.

Recommended to mercy by the Jury, on account of his youth, and the probability of his having been drawn into it.

Second Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18030706-40

558. FRANCIS WILKES was indicted for feloniously stealing, on the 14th of June , a pocketbook, value 1s. a cork-screw, value 6d. a pair of scissars, value 6d. a pair of compasses, value 6d. a knife, value 6d. and a rule, value 6d. a Bank note, value 1l. and two promissory notes, value 10l. each , the property of Sir William Young , Bart.

Sir WILLIAM YOUNG , Bart. sworn. - My pocket was picked on Tuesday, the 14th of June, between twelve and one, in Fenchurch-street , as I was going to Mark-lane; I felt my left-hand coatpocket light; a carter cried out, there goes the man who robbed you; turning my head, I saw only one man going down Mincing-lane from me; he looked round, and began running; it was the prisoner; I ran after him, and cried stop thief; I did not lost sight of him till he was stopped about two hundred yards down the lane by a young man; just as he was stopped, I saw him take a pocket-book from his pocket, and throw it upon the pavement; I ran up with a man in the lane to where the book was; the man picked it up, and gave it me; I opened it, and shewed a letter directed to me; I put it into my pocket, and we conducted the prisoner into a court-yard, and shut the gate; the prisoner was taken before the Lord Mayor; the letter being of importance, the Lord-Mayor gave it me, and I left the book, the one-pound, and two ten-pound Bank-notes with him, after signing my initials on them.

WILLIAM DOWNING sworn. - I am clerk to Mr. Burke, in Tokenhouse-yard, and was coming from Mincing-lane on the 14th of June, and heard the cry of stop thief; I saw the prisoner running fast towards me, and a number of people following him; I run after the prisoner, and stopped him; I got hold of his coat, and he threw away a pocketbook; I detained him till Sir William came up; he was taken into custody; Sir William gave me a card out of his book.

ROBERT - sworn. - I am a warehouseman, and was in the accompting-house, No. 3, Mincing-lane; I heard the cry of stop thief; I went out, and saw the prisoner running, and Downing stop him, and the prisoner throw a book away; I picked it up, and gave it Sir William Young; it was red outside, and green inside.(The pocket-book produced by the constable, and identified.)

Prisoner's defence. As I was passing, I heard the

cry of stop thief; I run as well as others; there was another person ran past me; I know nothing of it.

Sir William Young . He said he found it in Fenchurch-street, before the Magistrate.

GUILTY , aged 29.

Transported for seven years .

London Jury, before Mr. Recorder.

Reference Number: t18030706-41

559. BENJAMIN SMITH was indicted for feloniously stealing, on the 1st of July , a mare, value 10l. the property of John Rayner .

JOHN RAYNER sworn. - I am a farmer , at Sandon, in Hertfordshire : Last Thursday night, or Friday morning, I lost a mare which I saw at work the day before, about two o'clock, in the yard; I went about four o'clock on Friday morning to fetch her up from the close she had been turned into; I traced her out by there being a dew on the grass to the turnpike; I enquired, and was told there had gone through a horse with a bald face; I traced her up to Smithfield, and saw her tied up to the rails; I knew her by the colour, a dun brown, long tail, her eyes, and three white feet; I bred her about eight years ago; I told the salesman to let me know when it was offered for sale; he came and told me it was offered; I went to it, and saw the prisoner standing behind her; I asked him whether it was his mare; he said, yes; I said it was mine, and gave him in charge of a constable.

WILLIAM DEAN sworn. - On Friday, the 1st of July, I took the prisoner, who was by the mare; I asked who owned it; it had been pointed out by the prosecutor; the prisoner said it was his, for he bought it that morning; the prosecutor came up, and I took the prisoner into custody.

Prisoner's defence. I went down the road after some money, and met a man with the mare, who offered to sell her; I gave him eight pounds for her, and brought her to Smithfield, thinking to make a trifle by her; I stood by her side, and offered her for sale for ten pounds; after that came the officers, and asked me if I was owner of the mare; I said, yes; they said they would own the mare and me too, and took me into custody.

GUILTY , Death , aged 21.

Recommended to mercy, on account of his youth.

London Jury, before Mr. Recorder.

Reference Number: t18030706-42

560. THOMAS HAWKINS was indicted for feloniously stealing, on the 13th of June , a mare, value 5l. the property of Thomas Mallings .

THOMAS MALLINGS sworn. - I am a blacksmith , and live at Armsworth, in Middlesex: I saw the mare on the 12th of June on the common, about three o'clock, and on the 16th, I missed it; I found her in Smithfield on Friday, the 17th, in the hands of Joseph Sharp , shewing her for sale; I owned it; he said he bought it of John Tubbs, and fetched me a witness to prove he bought it; I took her home, and she is in Smithfield now; I know her by a remarkable spot on the off side about as big as a crown-piece, two white heels, and a C star in her forehead, her colour black; I had her about a fortnight before I lost her; I can swear to her; Sharp has had a fall from a horse, and cannot attend.

JOHN TUBBS sworn. - I am ostler to Mr. Harrison, at the Castle and Falcon, in Aldersgate-street, and bought the mare of the prisoner on Tuesday, the 14th of June, in Angel-street, St. Martin's-le-Grand; I thought it would suit a waggoner, and gave 3l. 10s. I thought it was so trifling an affair, I asked no questions; I sold it to Sharp, a publican, in Little Britain, about an hour after I bought it; I was taken into custody on account of it; I saw the mare again when I was in custody, but I cannot swear to it; it looked like the same I bought.

JOHN KIRBY sworn. - I am horsekeeper at the Castle and Falcon, and was going down Angel-street, and saw the prisoner, on the 14th of June, about three minutes after nine in the morning, stooping down rubbing the mare's legs, but I did not see Tubbs with her; I saw her again at Guildhall on Friday, and am sure it was the same black mare, with a star in her forehead; Tubbs was taken to Guildhall on Friday, when I saw the mare which I had seen in the prisoner's possession; Sharp took Tubbs into custody for the mare.

DANIEL GRAHAM sworn. - On the 17th of June I saw Sharp, who said he was charged with having a stolen mare; I went with him and the prosecutor, and took Tubbs into custody, of whom he bought it; I asked him to give up who he had the mare from; he told me, and I attended Smithfield, and next morning the prisoner was apprehended.

WILLIAM GODDARD sworn. - I am a constable; I saw Tubbs in trouble, and, knowing him, I interfered; I found the prisoner was coming into the neighbourhood on Saturday, and I went and took him in Angel-street; he asked why he was a prisoner; I told him, and he denied it.

Prisoner's defence. I never sold the property, or had it in my possession.

NOT GUILTY .

London Jury, before Mr. Recorder.

Reference Number: t18030706-43

561. SAMUEL COLLINS and DOMINIC WELCH were indicted for feloniously breaking and entering the dwelling-house of Alexander Greendler , the said Alexander and Ann Euston being therein, about the hour of four in the morning of the 13th of June , and stealing therein fourteen bear skin muss borders, value 14l. the property of the said Alexander.

ALEXANDER GREENDLER sworn. - I am a fur

rier , and live at No. 23, Wych-street, Templebar ; I was at home with my servant, Ann Euston, on the 13th of June last, about a quarter past four in the morning, when I was alarmed, and was told thieves were at the top of the house; I went up stairs, and found the garret window open, and the property taken out, and fourteen muss borders laying in the gutters; the servant slept in the back kitchen; I slept in the one pair, and went last to bed, and saw the house was fastened; I had shut the garret window myself constantly for three or four weeks; when I went up to the shop in the garret, I found the door locked outside, as I left it when I went to bed; I did not observe any violence to the window; it must have been opened from without, because the door was locked; the bricklayers have been at work three weeks at the top of the house, and the prisoners must have got up the ladder; the muffs were about six inches from the window; I had seen them about twelve and one on Sunday, they lay altogether upon a box. (Produces them.)

JOHN COLSEY sworn. - I am a soldier in the Tower Hamlets militia, and was going on duty at four o'clock; the ladder stood opposite where I live; I saw the prisoners come under the ladder standing in the street; I saw Welch go up the ladder, the other remained at bottom, and said, you go up, I'll look out; Welch went up, and jumped off the parapet into the gutter; he attempted to pull the window one way, and it would not open; he then pulled it the other, got it open, and went in; in the course of a minute he brought out these furs into the gutter; I run down, and opened the door gently, and secured Collins; I saw Welch above three paces from the window; seeing me secure Collins, he threw the things towards the window he brought them from, and laid himself down in the gutter to hide himself; I then knocked at the prosecutor's door; while I was securing Collins, the other came down; I saw him come out of White-Lion-passage; the moment I gave the other in charge, I pursued him, and caught him by the New Church, in the Strand; I am sure Welch is the person I saw go up the ladder; when I took him, he said, you'll recollect you took me in the Strand, and I have no property about me; when Welch came out of the passage, Collins said, that is he who went into the window.

WILLIAM ROBINSON sworn. - I am a staymaker; I got up at four o'clock, and heard a noise in the street; I saw the last witness and Collins scuffling together; I run down, and assisted him; a few minutes after the other came down White-Lion-passage, Collins said, that is the thief; I held Collins while Colsey fetched the other back; I am beadle of the parish, and locked them up.

Welch's defence. I was going up quick to Tottenham-court-road on an errand, and that man caught me, saying, he was looking for a boy, as he had one in custody who had committed a robbery.

Collins's defence. I was going to work in Newgate-market, and that man took hold of me, and held me for half an hour, and said there was a man at the top of the house, and then brought this boy to me I never saw before, and took us to the watch-house.

Welch called one witness, who gave him a good character.

Welch, GUILTY , Death , aged 13.

Collins, GUILTY , Death , aged 16.

Recommended to mercy, on account of their youth.

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18030706-44

562. CHARLES BUTLER was indicted for feloniously marrying Elizabeth Field , on the 14th of December, 1800 , his former wife, Lydia Blackwell , being still alive .(The case stated by Mr. Knapp.)

FRANCIS BEACH sworn. - I am clerk of the parish of Sunning, and know the prisoner and Lydia Blackwell; I was present at their marriage in February, 1791; I saw her on the 8th of June at the poor-house at Henley. (Produces the register of marriage.)(Register read:)

Cross-examined. Q. You had never seen the man before? - A. Yes, I had, I knew both him and his wife.

ELIZABETH FIELD sworn. - I know the prisoner, and was married to him on the 14th of December, 1800, by licence, at Bishopsgate church; I had been acquainted with him four or five months.

JOHN CUTLER sworn. - I am parish-clerk of St. Botolph, Bishopsgate, and produce the registerbook of marriages. (The licenceread:) I cannot identify the persons, but I was present at the marriage.

THOMAS GRIFFITHS sworn. - I apprehended the prisoner; he kept a butcher's shop in the parish of St. George's, Middlesex.

The prisoner put in a written defence, which was read as follows:

"Charles Butler, of Marmaduke-street, St. George's in the East, indicted for bigamy.

"I was born in the year 1771, and on the 11th of February, 1791, I was taken in custody by the parish-officers of Great Coxwell, Berkshire, when I was only twenty years of age, a servant-girl, by the name of Lydia Blackwell , having sworn a child to me; and the next day the officers, without consulting my relations or friends, paid for the licence, and made me marry her, or said I should go to prison; they went with me to church, and directly the ceremony was over, she went to her brother's, and I to my master's; I have not seen her from that moment to the present; the child was afterwards

born, and lived but five weeks; the said Lydia Blackwell , on the 16th of April, 1798, married John Larner, in her maiden name of Lydia Blackwell, spinster, by whom she had several children, and lived with him at the time of his death, and is now in the workhouse with her children by the name of Larner, as a widow; my father having taken the opinion of an attorney in the country, he declared the marriage was illegal, inasmuch as I was under age, and had no connection with the woman after I left the church, and said I was as free to marry as if I had not been to church; I married in December, 1800, to Elizabeth Field , by whom I have had one child, and I lived with her as a respectable house-keeper till I was apprehended on the 26th of May last, and committed to prison, which was done at the instigation of my wife's mother, we having had words about my former connection with Lydia Blackwell ; since I have been in custody, my wife and her mother have difposed of all my property, and shut up my shop, leaving me in Newgate destitute of a shilling; I have always lived in great credit, and can produce witnesses to bear testimony of my respectability; I never denied my name, or secreted myself from my country, friends, or relations, and was never applied to before as the husband of Lydia Blackwell , or respecting that connection; my sufferings have been very severe, having my property destroyed, and my family kept from me, and not having the most distant thought that I had acted unlawfully, or could be put to any trouble or expence for what I had done in this business."

Evidence for the prisoner.

JOHN BUTLER sworn. - I am a farmer, and live at Wargrove, in Berkshire; I am uncle to the prisoner, who was born on the 2d of January, 1771; his father is dead; I heard of his marriage in 1791, when his father was alive, but don't know that he did not consent; I have heard say that he did not, but don't know it.

GUILTY , aged 32.

Confined six months in the House of Correction .

Second Middlesex Jury, before Mr. Justice Lawrence.

Reference Number: t18030706-45

563. WILLIAM LOWE , alias BAKER , was indicted for feloniously stealing, on the 21st of May , twelve pair of stockings, value 9l. 9s. the property of Joseph Lobb and Ellis-Shipley Lobb .

JOSEPH WILSON sworn. - I am servant to Messrs. Joseph and Ellis-Shipley Lobb, hosiers , No. 148, Cheapside : On the 21st of May, the prisoner stopped at the door in a hackney-coach; he came into the shop, set down, and asked to look at some silk stockings; I shewed him some; he soon made choice of a dozen pair, and desired me to make a bill of parcels, which I did, and gave to him; he put his hand in his pocket, and observed he had not money enough to pay for them, they coming to nine guineas; he then said his name was Davis, of the Secretary's Office, at the India-House, and desired them to be sent there; he turned round, and observed if our porter was at home, I might send them with him; the porter was at home, and I sent him with the parcel, telling him to go with the prisoner, and bring me back nine guineas for the parcel; the prisoner said he would give him the money; I saw no more of the prisoner till I saw him at Bow-street about ten days after; I swore to him, and he was committed.

Prisoner. Q. Did I purchase those hose from your shop? - A. Yes, in the manner I have stated.

Q. Did I promise to pay the porter? - A.You did.

WILLIAM JACKSON sworn. - I am porter to Mr. Lobb; I was ordered by Mr. Wilson to go with the prisoner, and bring back nine guineas for the goods; I followed the prisoner to the India House; up two pair of stairs, on the landing-place, he took the parcel out of my hand, and told me he was to give me nine guineas, and desired me to stop, and he would pay me; he went along the passage, and I followed him at a diftance, as I thought he was gone to some of the Offices; going further on in the passage I perceived a stair-case, and the prisoner nearly at the bottom, when I saw him put the parcel into his pocket; I run down stairs, but could see no more of him till I saw him at Bow-street about a fortnight after.

Prisoner. Q. Did you hear any words between Wilson and me? - A.You asked for a bill of parcels, and said you would pay the person who took them.

Prisoner's defence. The indictment charges me with having stolen this property; it is evident I went and fairly purchased them, and they were delivered to me at the India-House.

GUILTY , aged 25.

Transported for seven years .

London Jury, before Mr. Recorder.

Reference Number: t18030706-46

564. JAMES WHITAKER was indicted for feloniously stealing, on the 18th of June , six pair of boot legs, value 20s. the property of Stephen Curtis and Hannah Thomas .

STEPHEN CURTIS sworn. - My partner is Hannah Thomas; we are leather-factors , No. 53, Wood-street .

PHILIP PORTER sworn. - I am warehouseman to Mr. Curtis: On the 18th of June, we lost the boot legs; I took the prisoner to a public-house, the Bird Cage, in Silver-street, to pay him his wages, and saw the leather under his apron, upon which I apprehended him, and asked him where he got the leather from; I pulled out six pair of boot legs; he said, I had no business with them, for they did not belong to me; I knew he had been with no one but me all the morning; I knew the legs by the number I had put on them when they came into the

warehouse; I lodged them in the public-house, and let the prisoner go home; on the Monday morning he came to my room-door, and asked me to get up; I did, and saw him about my master's door, but would not speak to him; he was taken up after I saw my master.

BERNARD POWELL sworn. - The last witness brought me six pair of boot legs on the 18th of June, to take care of till he informed his master; I kept them till Monday, when I delivered them to the constable.(The boot legs produced by the constable, and idenfied.) GUILTY , aged 67.

Confined six months in Newgate , and whipped in jail .

London Jury, before Mr. Recorder.

Reference Number: t18030706-47

565. THOMAS NORMAN was indicted for feloniously stealing, on the 1st of July , twenty-nine foxes' skins, value 17l. and fifty wolves' tails, value 3l. the property of Solomon Lange .

SOLOMON LANGE sworn. - I am a furrier , in Holborn , and sent the articles out in a bag by a porter on the 1st of July, about ten o'clock in the forenoon, to carry into the Strand ; he returned about twelve o'clock, and told me he lost them.

ROBERT COLEMAN sworn. - I am porter to Mr. Lange, and was sent out with fifteen bear skins and some things in a bag; they were very heavy; I carried them near to Temple-bar; between that and Chancery-lane, when the cord got loose, the bear skins were coming out, and I threw them down; the prisoner and coachmen helped me to get up the bear skins, and the prisoner offered to carry the bag, because I was so heavily loaded; he carried it, and went on one side and I on the other; my eyesight being bad, I could not see which way he went; I carried the bear skins opposite to Somerset-house, and missed him with the bag; I searched after the prisoner, but could not find him; I did not see him again till I saw him at the Mansion-House; I can swear to the prisoner.

- MOSES sworn. - I am a dealer in skins: On Friday last, about three o'clock, the prisoner came to my house, and told me he had got some skins to fell; he took out of the bag some white fox skins and wolves' tails; I asked him the price of the fox skins; he said, a shilling a-piece; I was quite surprized at their being so cheap, and asked where he got them; he told me he bought them in Fleet-lane; I said they were stolen, and I would stop him and them; I sent for a constable, and gave charge of him.

LEVI COHEN sworn. - (Produces the skins and tails.) I asked him where he got them; he said, he bought them in the Strand, near Fleet-street; I asked him to shew me the house; he said then, he bought them of a man for a guinea and a half in the street, and he could not find him out.(The property identified by Mr. Lange.)

Prisoner's defence. On Friday last I was in Fleet-street, and met with the porter in distress with his load; I helped him as well as another man; he asked me to carry the bag to a place just by Somerset-house; I went, but did not know where to go, he got before me; I meant to overtake him, but there was an interruption by the coaches, and I lost him; I came back, and looked about Temple-bar; I could not find him; I went back again, I did not know what to do with the property; I went to my odging, my landlord would not take them in; I went and offered them for sale, being persuaded to do so, as I could not find the owner and not knowing the value of them.

GUILTY , aged 48.

Confined twelve months in Newgate , and publickly whipped .

London Jury, before Mr. Recorder.

Reference Number: t18030706-48

566. SARAH CLARKE was indicted for feloniously stealing, on the 11th of June , forty-three yards of sheeting, value 2l. the property of William Oakes .

JOHN HARRISON sworn. - I am an assistant to Mr. Oakes, a linen-draper , the corner of Fleet-market : On Saturday, the 11th of June, about three o'clock, we had a quantity of sheeting outside the door; a woman called me out, and said we were robbed; I desired her to shew me the woman who had done it; she said, she was gone down the market; I overtook the prisoner about thirty yards down the market, and took the sheeting from under her arm; I desired her to come back to the shop; I sent for an officer, and gave charge of her.(The property produced, and identified.)

Prisoner's defence. I did not take it, it lay a yard and a half from the door; I was intoxicated, and a woman asked me to carry it home; I did not know it was stolen. GUILTY , aged 52.

Confined twelve months in Newgate , and whipped in jail .

London Jury, before Mr. Recorder.

Reference Number: t18030706-49

567. FREDERICK WIDGEON was indicted for feloniously stealing, on the 4th of July , eight yards of linen cloth, value 1l. the property of Philip Matravers and Thomas Potter .

Second Count. Charging it to be the property of William Salt and Thomas Brookes .

Third Count. Charging it to be the property of Paul Prickett and John Whitfield .

JOSEPH DOWNWELL sworn. - I am warehouseman to Messrs. Whitfield and Prickett, No. 14, Staining-lane, Wood-street, who keep a commission warehouse , the cloth is their property: On Monday last, about six o'clock, I assisted to unload the cart; the prisoner was the carman , and was paid the cartage; he drove away, and, in conse

quence of information, I followed him, and stopped him in the presence of another witness, who took the piece of cloth out of a bag that hung underneath his cart; we then took him into custody.

Cross-examined by Mr. Alley. Q. You did not see the manner in which the goods were lost? - A. No.

SUSANNAH COSTER sworn. - On Monday, the 4th of July, at six o'clock, in Staining-lane, I saw the prisoner take out a piece of Irish linen from the cart, and put it underneath, and came from under the cart; I gave information to the warehouseman.

Cross-examined by Mr. Alley. Q.Have you always been certain he was the man? - A. Yes.

Q.He was a stranger to you? - A. Yes.

Q. Did you not doubt before the Magistrate? - A. No, I never did.(The constable produced the cloth, which was indentified.)

Prisoner's defence. I asked the gentleman where the privy was, and I went to a public-house, and cannot tell which way the cloth got into the bag.

The prisoner called one witness, who gave him a good character. GUILTY , aged 43.

Confined twelve months in Newgate , and whipped in jail .

London Jury, before Mr. Recorder.

Reference Number: t18030706-50

568. THOMAS CHAPMAN was indicted for feloniously stealing, on the 7th of May , a pair of breeches, value 7s. the property of William Rafter .

WILLIAM RAFTER sworn. - I am a working gardener : On the 7th of May, I lost a pair of breeches at Hammersmith ; the prisoner lodged up stairs at the Black Bull; I went out to my work, and left my breeches in the room I lay in; a man, named Farley, slept in the same room; I missed them next day; I saw them again in the hands of Hewson on the 29th; I know them to be mine; they are corduroy.

WILLIAM LUCY sworn. - I bought a pair of breeches, waistcoat, and handkerchief, of the prisoner, at King-street, Hammersmith, where I keep a chandler's shop; he bought some bread and cheese, and offered the clothes for sale; I paid five shillings and eight-pence for the whole; he asked me six shillings; I did not ask him any questions. On the 29th of May, one Judd called on me, and I went before the Magistrate, upon which the prisoner was committed.

RICHARD GIBBS sworn. - I am a constable, and produce two handkerchiefs, a pair of breeches, and waistcoat, which I got from the last witness.(The property produced, and identified.)

Prisoner. I leave my defence to your Lordship.

Guilty , aged 22.

Confined twelve months in Newgate , and whipped in jail .

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18030706-51

569. MARIA TATE was indicted for that she, on the 16th of February, in the 41st year of his Majesty's reign, was tried and convicted of being a common utterer of bad money, and was sentenced to be imprisoned at New-prison, Clerkenwell, in the County of Middlesex, for one year, and at the expiration of that time, to find sufficient securities for her good behaviour for two years more; and the indictment further charged that she, having been so convicted as a common utterer, afterwards, on the 18th of June , a piece of false and counterfeit money, made and counterfeited to the likeness of the good, lawful, and current coin of this realm, called a shilling, as and for a good one, unlawfully and feloniously did utter to one Abraham Smith , knowing the same to be false and counterfeit .

Second Count. For a like offence, varying the manner of charging it.

Mr. CALEB- EDWARD POWELL sworn. - Q. You are assistant to the Solicitor for the Mint? - A. Yes.

Q.Have you a copy of the conviction of Maria Tate? - A. Yes.

Q. Where did you get it from? - A. From the clerk of the Sessions of Middlesex.

Q. Did you examine it with the record? - A. Yes, I did, it is a correct copy.(The certificate read.)

THOMAS ROBERTS sworn. - Q. You are the deputy-keeper of New-Prison, Clerkenwell? - A. I am.

Q. Were you present when that woman was tried at Clerkenwell Sessions? - A. I was.

Q. To whose custody was she committed, after she was convicted? - A. The keeper of New-Prison, to whom I am deputy.

Q. Is that the same woman? - A. That is the identical woman.

Q. How long did she remain in your custody? - A. One year.

Q. Did you see her every day? - A. Nearly every day.

Q. Are you sure she is the person? - A. Yes.

Q. She was tried for uttering bad money? - A. Yes.

ROBERT PUGH sworn. - Q. You are servant to Mr. John Neal, a butcher? - A. Yes.

Q. Do you recollect the prisoner at the bar? - A. I recollect her perfectly well; I saw her on Saturday evening, the 18th of June, about eleven o'clock; she came to our shop in Brick-lane, to purchase a small bit of neck of lamb, she offered a shilling with a hole in it, which I believed to be a bad one; I took great notice of it; I told her, I did not like it; she shewed me another, and I perceived that to be a bad one; she said, she would go and get them changed, she knew where she had taken them; she left me, and went to the Seven-

stars, a public-house, opposite, kept by Abraham Smith, I afterwards saw her at the watch-house.

Q. Did you afterwards see either of the shillings that she had tendered to you? - A. I saw the shillings that she had tendered to the publican, and I believe one of them to be the same that she had tendered to me, it was a very battered one.

ABRAHAM SMITH sworn. - Q.Do you keep the Seven-stars, in Brick-lane, Spitalfields ? - A. I do.

Q.Look at that woman, and tell me, if you recollect her? - A. I do perfectly well; she came about eleven o'clock at night, on the 18th of June, and asked for a glass of anniseed, which I gave her, and she tendered me this shillings, (produces it;) I told her it was a very bad one; she put her hand in her pocket, and pulled out some halfpence; among them, I saw a shilling; I said, you have got another shilling there, that is a good one, is it not, and immediately took it out of her hand; I saw it was a bad one, and kept that, (produces it;) at that time, the watchman came in, and told me, in her hearing, she had just been over to my opposite neighbour, the butcher, and offered one of them, with a hole in it, I told him I had not got that; I then gave charge of her, and sent her to the watch-house; about ten minutes after I had given charge of her, I heard that some more money was found, and I went to the watch-house.

RICHARD MURRELL sworn. - I am a watchman; I saw the prisoner in the butcher's shop; I saw the young man return a shilling to her; he said, it was a bad one, she went away, and said she would call again; I crossed afterwards almost immediately, because I had knowledge of her before, she went into Mr. Smith's, the Seven-stars, and had some liquor at the bar; Mr. Smith said it was a bad shilling, she then put her hand in her pocket, and pulled out some halfpence; Mr. Smith said, there is another shilling, he took it out of her hand, and said, why, this is a bad one too, I shall keep them both; then Mr. Smith gave me charge of her, I took her to the corner of Church street, she insisted upon it she would not go any farther, and threw herself down upon some steps, there were some pallisadoes close to the steps; I did not then suspect any thing; I called my brother watchman, and took her to the watch-house; going along, she said, you need not take me, for I have ding'd them.

Q. What does that mean? - A. That she had thrown them away; she was searched by the beadle, at the watch-house, but nothing found upon her.

Q. In consequence of what she said, did you go back to the place where she had stopped? - A. My partner did, I did not.

JOHN AULT sworn. - Q. You are a watchman? - A. Yes.

Q.Did you assist in taking this woman to the watch-house? - A. I did.

Q.Where did you come up? - A. At No. 14, Church-street, the next house to the corner; I came up at the spring of my partner's rattle, and we took her to the watch-house; Mr. Hart desired me to go back, and see if I could find any thing; I went, and found three shillings on the step of the door, No. 14, Church-street; I delivered them to Mr. Hart.

Q.Did you pick them up? - A. I saw the first picked up by a person that was standing there, and the other two were picked up immediately by the light of my lantern.

THOMAS HART sworn. - Q. You are the beadle of the night? - A. Yes; I searched the prisoner at the watch-house; I asked her how many more bad shillings she had about her; she said she had none, she had taken care and ding'd them.

Q. Did you find any money upon her, good or bad? - A. No. (Produces the three shillings.)

Q.(To Pugh.) Look at these three shillings, and tell me, if you recollect either of them? - A. I recollect this one with the hole in it perfectly well.

SAMUEL MENCELIN sworn. - Q. You are one of the moniers of the Mint? - A. Yes, I am.

Q.Look at that shilling (the one tendered to Smith)? - A.It is a bad one.

Q.Now look at these three? - A. They are all bad.

Prisoner's defence. I took the two shillings in change of a seven-shilling piece; I did not know that they were bad; the other three shillings I don't know any thing about; I was very much intoxicated.

GUILTY , Death , aged 30.

Second Middlsex Jury, before Mr. Justice Lawrence.

Reference Number: t18030706-52

570. MARY BROWN, otherwise MARY MOODY , was indicted for feloniously stealing, on the 17th of August, 1802 , a child's bed-gown, value 1s. 6d. a pin-cloth, value 4d. a child's blanket, value 10d. and a child's shirt, value 6d. the property of Mary Johnson , a single woman.

Several other Counts varying the manner of charging it to be the property of the overseers and churchwardens of the parish of St. Andrew, Holborn .(The case was stated by Mr. Watson.)

There being no evidence to shew the prisoner intended to convert the property to her own use, or that she took the child for the cloaths, she was ACQUITTED .

London Jury, before Mr. Recorder.

Reference Number: t18030706-53

571. ELIZABETH CHIPNELL was indicted for feloniously stealing, on the 16th of June ,

five sheets, value 2l. 11s. two table-cloths, value 2s. a quilt, value 4s. a pillow-case, value 1s. and a handkerchief, value 3d. the property of Daniel Douglas ; three pair of stockings, value 8s. two shawl handkerchiefs, value 5s. a petticoat, value 7s. and a bed-gown, value 2s. the property of Ann Pearce , in the dwelling-house of George Hardisty .

ANN PEARCE sworn. - I am servant to Mr. Douglas, No. 16, Bedford-court, Covent-garden ; he lodges at Mr. Hardisty's; his house is over Mr. Hardisty's shop, but there is no entrance from our house to his, without going into the street: On the 16th of June, I met the prisoner on the first floor stairs, about a quarter past twelve; I asked her who she wanted; she said, Mrs. Douglas; she had a bundle in her hand; I asked her what she had in it; she made no answer; I asked her again; she told me I might see; I said, I should see before she went, for if she was a stranger in the house, I was not; I desired her to go up stairs, and upon the second or third step of the two pair of stairs, she put the bundle down; I cannot say who untied it, but I know it to be mine and my master's property; I kept her, and sent for a constable.

EDWARD CROCKER sworn. - I am a constable, and took the prisoner and things into custody.(The property produced and identified.)

Prisoner. I leave my defence to my Counsel.

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

GUILTY , aged 29.

Transported for seven years .

Recommended to mercy by the Jury, on account of her good character.

Second Middlesex Jury, before Mr. Justice Lawrence.

Reference Number: t18030706-54

572. JOHN PULLER was indicted for feloniously stealing, on the 7th of June , 150 lb. weight of tea, value 25l. the property of the United Company of Merchants trading to the East-Indies , being in a certain lighter, called the Hannah, upon the navigable river of Thames .

Second Count. Charging it to be the property of Robert Hodgkin the elder, and Robert Hodgkin the younger.

Third Count. Charging it to be the property of persons unknown.(The case stated by Mr. Knapp.)

WILLIAM WILLIAMS sworn. - I am an officer of the Customs, and was on board the Thames East-Indiaman, laden with tea, laying at Blackwall , on the 7th of June last; a lighter, called the Hannah, lay along-side, belonging to Mr. Hodgkins; Mr. Carr and me had charge of the lighter, which was laden with tea from the Thames: On the 7th of June, about twelve o'clock at night, my partner, Carr, called me to relieve him; when I came on deck, I went on the Thames gangway, and looked over, and saw a man in the Hannah lighter; I asked him if he belonged to be; he said he did; when I went down, he was gone into a West-Indiaman along-side, and afterwards went away in a boat; I then saw a bag of tea on the deck of the Hannah; I asked him what was in the bag; he said it was tea he got out of the ship, which he was going to take ashore for somebody in the ship, and asked me if I would be in it, which I objected to; he said there was no danger, and then he left the West-Indiaman, and went into a boat, laying to the stern of her, and went away; I then went, and called Carr, and we went on board the Hannah, and found a second bag of tea under the foresail; we examined the cabin, and found all right there; we came on deck, and I got on the trapaulin, and walked about it, and found a part of it gave way; I said to Carr, here is a hole; he lifted it up, and I, having a lantern, looked in, and said, there is a foot; he put it down again, with a view of keeping the man in, but he rushed up; I got upon his shoulders, but he forced his way up; we secured him, and it proved to be the prisoner; he struggled a good deal; I went down in the hold afterwards, and found two chests empty.

THOMAS STEVENSON sworn. - I am an officer belonging to the East-India Company, and am a City constable; my duty is to inspect the lighters; I know the place where the Thames lay moored head and stern at Blackwall, and am sure it was on the Middlesex side, and the Hannah too; I saw her when she went to load the cargo, about two days before, and know she was found, no planks had started, and she hatchways were safe; when she came back to the quay, I saw that two boards had been broken off the foremost hatch; the prisoner is a lighterman, employed by Mr. Bryan, and had the Montreal lighter, employed there at the same time, but his duty was to come up with the Montreal; he had nothing to do with the Hannah.(Ralph Carr confirmed the testimony of Williams.)

PHILIP WOODFIELD sworn. - I am the East-India Company's surveyor; I saw the bags on board the Hannah; the tea in them was of the same quality as that on board the Thames, and the Hannah, value about three or four and twenty pounds; I saw two empty chests, and some tea scattered upon the floor.

Cross-examined by Mr. Knowlys. Q. Is it not customary if a chest breaks in the unloading, to put it in bags? - A. Yes; but they are different bags from those.

Q.Did you find Skinner and Knife there, who belonged to the Hannah? - A. The lad, Knife, spoke out of the cabin; the Company's bags are always numbered; these bags appear to be the King's bread bags. (The tea and bags produced.)

Prisoner's defence. On Monday, the 6th of June, I went to Blackwall with Davidson to load the

Montreal lighter; I went ashore, and got very much in liquor; Davidson told me he would shove the lighter off, and come for me to go away with the side; I went to sleep, but he never came; I went to the place where he appointed to haul the lighter to, but she was not there; I then went to the place where she was before, and going over the Hannah, I fell down the hold, being in liquor; as soon as I found myself, I got up as well as I could; then they came, and asked me how I came there; I told them I was in liquor, and fell down.

For the prisoner.

ABRAHAM DAVIDSON sworn. - Examined by Mr. Knowlys. Q. What business are you? - A. A lighterman, and serve John Bryan ; I have known the prisoner a good many years; he and I were loading the Montreal lighter at Blackwall, between eight and nine, or nine and ten, at night; I left him much in liquor on shore; he said he would come to me, but he did not, for I fetched the lighter up myself.

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

NOT GUILTY .

Second Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18030706-55

573. JOHN BATEMAN was indicted for burglariously breaking and entering the dwelling-house of Robert Wayman , about the hour of twelve in the night of the 29th of June , with intent to steal, and burglariously stealing a pocket, value 6d. a child's glove, value 1d. twenty-two shillings, seven halfpence, and a farthing , the property of Robert Wayman.

ANN WAYMAN sworn. - My husband, Robert-Wayman, is in the North; I live at Poplar , and the prisoner lodged in the house, up one pair of stairs; I and my sister sleep in the back-room down stairs: On the 29th of June, I went to-bed about half past nine, and fastened the door with a bolt; I got up at half past four, and found it half open; I was not awake when I lost my money; I missed twenty-two shillings, my pocket, and a child's glove; there was three-pence halfpenny in the pocket; I left it just by the fire-place, on the ground, along with my cloths.

Court. Q.Was there any mark on any of the money? - A. Yes, I think there was, but I cannot tell; I have forgot it, money is so much alike.

Q.Recollect, you have been before a Justice, and described it to him? - A. I cannot recollect at all; I said there was some mark, but I cannot recollect what, I have got so much on my mind.

Q.Was it marked with letters? - A. Yes, but I cannot tell what; I will swear I don't recollect it; there are many shillings marked alike.

Q.Had you heard the prisoner that morning? - A. I heard him go out in the morning about four o'clock, but I cannot say he was the person who took it.

SARAH TAYLOR sworn. - I am sister to the last witness, and saw her count her money on the table on the Wednesday evening, but did not see where she put it; I suppose she put it into her pocket; I observed one shilling marked; she was very tipsy, and did not know what she did; I have seen the shilling since, and it was marked L. B. N. I saw Browne, the officer, with it, and saw him take it out of the prisoner's box in his room, while the prisoner was in bed.

- BROWN sworn. - I am an officer: On Thursday morning, the prosecutrix came to Shadwell-office, and said, she had had her house broke open, and described the money, by the marks, to the Magistrate; I examined the prisoner's box while he was by, and found nineteen shillings in silver, and one shilling marked, but not in a glove; I asked Ann Wayman if she knew any of the money; she said, one shilling was marked L. B. N. the B was a cypher, and she picked out the shilling, but she told the marks before, and so did her sister; the prisoner said it was his own money.(The shilling produced and identified by Taylor.)

Prisoner's defence. It is money I worked hard for; I have lately buried my wife, and have a child at nurse which I pay for; I never touched money not my own any more than I did this; I had a shilling this morning with three letters on it, but I cannot read, no more can Mrs. Wayman.

For the prisoner.

ANN HARRIS sworn. - Taylor came into my house this morning, and said, she should not come against the prisoner, if the officer had not fetched her out, and put words into her mouth, and was very sorry for the prisoner, and what she should do she did not know; she was crying, and positively declared that she would run away from the officer, and not appear against the prisoner.(Grace Hill confirmed the testimony of the last witness.)

Q.(To Sarah Taylor.) You have heard what Harris has said; is it true that you said you would not have said what you did before the justice, if the officer had not put the words in your mouth? - A. I did not know the nature of an oath; I said, I did not know what I then said.

Q. Is what she says true? - A. I don't think I said so.

Q. You cannot positively say you did not tell her to? - A. No.

Jury. Q.Was the prisoner in the habit of coming into your room to eat or drink? - A. Yes, when his wife was alive, but was not in the room that evening that I know of.

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

Second Middlesex Jury, before Mr. Justice Lawrence.

Reference Number: t18030706-56

574. WILLIAM BARROW was indicted for making an assault in the King's highway, upon Walter Hamilton , on the 3d of June , putting him in fear, and taking from his person a silk handkerchief, value 5s. and three shillings in money , the property of the said Walter.

WALTER HAMILTON sworn. - I am a seafaring man : On the 3d of June, between ten and eleven o'clock at night, I was coming down New Gravel-lane ; I had had too much in my head, and I sat down upon some stones; a man came up to me, and said, holloa; I said, holloa, again; he said, what are you doing here; I said, I had had too much in my head, and I was sitting down to take the air a little, as my head was rather swimming; then he seized me by the collar, got his hands underneath, and choaked me; he strangled me so, that I could not speak; he got over me with his legs, and took three shillings from me, which was all the money I had in my pocket, and took the handkerchief off my neck, and hove me on my broadside.

Cross-examined by Mr. Gurney. Q. Have you any idea how much you drank that day? - A. I can tell within a glass or two; I had about five glasses in the course of the day, and about two the last hour; I was not so very drunk.

Q. Were you not picked up senseless from liquor, and carried into a house? - A. I was senseless after he choaked me.

Q.When did you come to your senses? - A. About twelve o'clock.

Q. Who the person was, you have no idea? - A. No.

Q. You had not been laying down, and rolling about? - A. No, I am certain of it.

Q.Where had you been that day? - A. The last house I was in was the White Swan in New Gravel-lane; I was two hours in one public-house, and one in another, and at a cook-shop, where I had a glass or two.

Q. Did you spend two hours that day out of a public-house? - A. Yes, three.

MARGARET FELLOWES sworn. - I live in Gravel-lane: On the 3d of June I was putting up my shutters, after ten o'clock, and saw the prosecutor sitting on some steps as if he was half asleep, opposite to my house; the watchman came up, and the prisoner said, is that you, watchman; he said, yes, and he gave him some beer which he was carrying towards No. 128, an old ironshop, where he went in; soon after I saw him come up, and stand across the prosecutor's legs, and say something, but cannot say what; I thought he was a friend of the prosecutor's, as I saw him very busy and active in searching his pockets; the last thing I saw him do was to draw something from his neck, which I judged to be a handkerchief, but could not say, he then dragged him to the ground, and left him laying on his right side. I called to him, and told him he had robbed the man; the prosecutor said, he has taken a handkerchief off my neck; I stepped across the way, and saw his handkerchief was gone, and his shirt collar torn. Barrow went into No. 128, and shut the door; I have known him a great while; I followed him, and told him I would charge an officer with him; the woman of the house insisted on my going out, and Barrow came out, shut the door, and made his escape down the New Road; she said her husband was dying, and she could have no officers there. The prisoner went past the prosecutor, and stepped over him as he lay.

Cross-examined by Mr. Gurney. Q. Have you ever had any dispute with the prisoner? - A. No, I never spoke to him before.

Q.How far was the drunken man from your door? - A. At the corner of No. 130, the width of the street; I was standing at my own door, and went to the door of No. 47, immediately opposite to the prisoner and prosecutor.

Q.Was it not very dark? - A. No; I saw him draw the handkerchief off.

Q. It was easy for whoever did it to see you? - A. Yes, and Barrow did see me I believe; I called him by his name.

Q. After some person had taken the handkerchief, you went and spoke to the man? - A. I said, you have robbed the man.

Q. The prosecutor was not laying senseless on the ground? - A. No, or else he could not have spoke; he was stupid when he was taken into the house of Connor. I am informed the prisoner lives in Fox's-lane with his mother; he was taken at a public-house almost opposite to me.

Prisoner's defence. I am innocent, and have several witnesses of it.

Evidence for the prisoner.

ANN MOUNTESS sworn. - Examined by Mr. Gurney. Q.Where do you live? - A. In New Gravel-lane, next door to Mrs. Fellowes. I saw the prosecutor on the 3d of June, as he lay on the ground much in liquor, between ten and eleven o'clock at night, and the prisoner pass him, but he did nothing to him, I saw Mrs. Fellows feeling about his neck, and then she gave an alarm that he had been robbed; I was sitting at my window, and must have seen it if any body had taken any thing from the man; I helped to carry him into Mrs. Connor's, he was do drunk and senseless.

Court. Q. How far off the place where the man was laying do you lodge? - A. Over the way at No. 47, in the front chamber, one-pair-of-stairs; Margaret Cullen was with me.

Q. Were there any other persons there? - A. No.

Q. How were you employed? - A. I was taking care of her, she was sick, and was sitting by the

window for the air; the sash was up; we might be sitting there for half an hour; when I first looked out the man was laying there; I saw nobody go near him; I saw Barrow pass him after Mrs. Fellowes crossed the way, and went straight down the lane towards New Crane. I was sitting at the window when Mrs. Fellowes called out, and had not been absent from it; there was no candle in the room; I did not say any thing to Mrs. Fellowes, but went down stairs two or three minutes after, and found her standing by the prosecutor, and she then went into her own house, and no where else that I saw; she did not leave the prosecutor till he was carried into the house.

Q. After you saw Barrow pass the man, Mrs. Fellowes called out he was robbed? - A. Yes.

Q. Where were you? - A.Looking out at the window.

Q.Were you sitting? - A. Yes, in a chair, facing the window.

Q.What was between the chair and the window? - A.Nothing.

Q.Were you as close to the window as you could go? - A. Yes.

Q. What induced you and the sick woman to be at the window at that time? - A. She was sitting up for her husband.

Q. How did it happen the sick woman, between ten and eleven o'clock at night, was close to the window thrown open? - A. She was getting rather better; I had been with her six months; she had been bad near three years and an half.

MARGARET CULLEN sworn. - I live at No. 47, New Gravel-lane, and on the night of the 3d of June, I saw the prosecutor laying down very much in liquor.

Q.Where were you? - A. In my own room, with the window open.

Q.Who was with you? - A. The family was about the place at the time; there were the children and my husband, six or seven at that time in the room.

Q. Had you any servant? - A. Only a young woman who came to assist me.

Q. At what time did you first see the prosecutor? - A.About a quarter past ten; he was there before I saw him on his side, quite beastly drunk.

Q. Did you in the course of the time see the prisoner, Barrow? - A. No, I did not; he might have been there, but I did not see him.

Q.Did you see Mrs. Fellowes? - A. Yes.

Q.What did you see her do? - A. I saw her go to the man, and I called to her to know what she had done there.

Q.How long did she stay there? - A. I cannot tell, but she was feeling about his neck; she said, she believed he was robbed of his handkerchief, and believed it was by a tall man who had passed; I had seen a tall man go from him; she said, he was not very tall, but he was the villain of a cobler who had hindered her getting her windows paid for by the person who broke them; many other things passed between her and I, we being in the habits of friendship; after that I saw the prosecutor helped by six people or more into Mrs. Connor's house.

Q.Did you see the tall man do any thing to the prosecutor? - A. No, nobody but Mrs. Fellowes; several people said he had no handkerchief on at all.

Court. Q.Who was the person who assisted you in your illness? - A. Ann Mountess.

Q. How long had she been with you? - A. About three months.

Q.Who was in the room with you at the time? - A. My three children and my husband, but he took no notice.

Q. Are you sure your husband was with you? - A. Yes.

Q. What part of the room was he in? - A.He was stretched across some chairs opposite the window asleep, after a heavy day's work, and we were preparing to go to bed when the alarm was given.

Q.Was any candle in the room? - A. Yes.

Q.What was the occasion of the candle being there - what were you doing with it? - A. We had it to see to go to bed.

Q.What part of the room were you in when the alarm was given? - A.Just at the window, with the sash up; I have an asthma in my stomach.

Q.Was the young woman in the room assisting you at that time? - A. She was down stairs among the crowd.

Q. Where was she before? - A. In my room.

Q.What was she about? - A. We had had our supper.

Q. Who was sitting by you? - A.One of my little children.

Q. On you knee, or on a chair? - A.Standing by me with my hand on its head.

Q.Was Ann Mountess about any work? - A. Yes, but I cannot say what.

Q.Was she sitting by the window at any time? - A. Yes, she generally set by it to have a look out; I know she took the things away after supper, and went down stairs among the crowd.

Q.Did she go down before Mrs. Fellowes went over to the man? - A. I cannot tell.

Q. Was your husband at supper with you? - A. Yes, he had his supper, and stretched himself in a chair, and fell asleep.

Q. Did Ann Mountess sup with you? - A. Yes, and went down into the crowd afterwards, which was a quarter past ten; I cannot tell whether she

had been sitting at the window or not; I had, for that is my situation always for the sake of the air.

Q. How long had your husband been at home before supper? - A. He was at home from about four o'clock.

Q.Had he been out afterwards? - A. No, I am sure of that.

Q.Whether the prisoner was one who stopped and looked at the man, you don't know? - A. No, I never saw him to my knowledge till this day.

Q.Did you observe where Mrs. Fellowes went after she said the man had been robbed? - A. She went to the iron-shop; Mountess was looking at the man.

JEMIMA LEGGETT sworn. - I live in New Gravel-lane; my husband is a smith, and keeps an iron-shop about twenty yards from Mrs. Fellowes: On the 23d of June she came to my shop, and accused Barrow with having robbed a man; he said, he had not, and that she might search him; he went out by her and with her. My husband was dangerously ill, and I desired she would not make a noise, for she knocked violently at the door; they were not ordered out, but went out together; I never saw the prisoner but twice before, and then he came with shoes for my husband.

Court. Q.(To Ann Mountess.) Did I understand you rightly, that you had not been absent from the window for better than half an hour? - A. Yes, I did say so.

Q. You were there with your mistress? - A. Yes.

Q. Was this before or after supper? - A. We had no supper at all.

Q.Did you say there was only your mistress and you in the room? - A. Yes, I did say so.

Q. Was any body else there? - A. No, I did not see any body else there.

Q. No children? - A. No, I saw no children there.

Q. There was no child standing by your mistress at the window with her hand on its head? - A. No, I saw no child at all.

Q. I understood you to say, your mistress was sitting up till her husband came home? - A. Yes, I said so.

Q.Where was her husband? - A. I cannot rightly say where he was.

Q.What time of the day had you seen him? - A. I had not seen him from the time he went out in the morning to work.

Q.What time did he go out to work in the morning? - A.About six o'clock.

Q.You are sure he had not returned? - A. No.

Q.Are you sure he was not sleeping on the chairs? - A. I did not see him.

Q. The room is not large? - A. No.

Q. If he had been there, you must have seen him? - A. Yes, I did not see him.

Q. Of course he had not supped at home? - A. No.

Q. He had not supped with you? - A. No.

Q. Or with your mistress? - A. No.

Q. Or with the children? - A. No.

Q.Has your mistress any children? - A. Yes, seven.

Q. How many are at home? - A.Two.

GUILTY, aged 29.

Of stealing, but not violently .

Transported for seven years .

First Middlesex Jury, before Mr. Justice Lawrence.

Reference Number: t18030706-57

575. THOMAS HAGGIS and JOHN WILD were indicted for feloniously stealing, on the 26th of May , a coat, value 30s. a pair of breeches, value 15s. and a pair of stockings, value 3s. the property of Daniel Fitzpatrick ; and a silver watch, value 5l. the property of John Murray , in the dwelling-house of Daniel Fitzpatrick .

CATHARINE FITZPATRICK sworn. - I live in Wapping-street ; the prisoners lodged with me: On the 26th of May, Haggis came to me for the key of the door to get his victuals; I gave it him; I followed him home for the key, thinking he would not lock the door; I went in, and found some things that I left in a sea-chest upon the floor in the lower room; there was a silver watch in it belonging to Murray, and my husband's cloaths; I had seen them all safe in the morning, and some of the prisoners' cloaths were in my care along with them; I went to the chest, not suspecting any thing was gone, but on opening it missed the things.

MOSES MOSES sworn. - I am headborough of the parish of St. George; my back window looks out fronting the prosecutor's house. On Friday the 26th of May, I heard a noise, and heard the prosecutrix say, she had been robbed; I saw Wild come out of the door, and almost at the same time I saw the other prisoner's head out of the window up stairs; Wild walked away, and the prosecutrix pursued him; I went up stairs, and found Haggis hid in a closet; I brought him into the street, where I found Wild, who was taken; I asked them what they had done with the things; Haggis said, if I would go with them, he would produce them; he took me to the closet, and delivered me this bag and watch.(Produces them.)(The watch and cloaths identified.)

Haggis's defence. My landlord gave me liberty to try the cloaths, as I intended to buy them; I went home soon that day, and the chest was left open for the purpose of trying them on; in trying them, I found the watch in the pocket.

Wild's defence. I know nothing of it.

Haggis, GUILTY, aged 16,

Of stealing to the value of 39s.

Transported for seven years .

Wild, NOT GUILTY .

First Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18030706-58

576. JOHN LANGBRIDGE was indicted for that he, being a person employed in the Postoffice , and that a certain letter sent by Samuel Jacobs , the elder, by the post to the city of London, to be delivered to Samuel Jacobs , the younger, containing a Bank-note, dated the 14th of July, 1802, for 5l. came to his hands and possession, and that he feloniously secreted the same .

Second Count. Charging it to be a packet, containing the Bank-note.

And five other Counts, varying the manner of charging it.(The case was stated by Mr. Fielding.)

SAMUEL JACOBS, Sen. sworn. - I am an innholder , at Exeter: On the 18th of April I put a letter into the Post-officer at eight o'clock in the evening, directed to my son, Samuel Jacobs , No. 4, Mitchell-street, near Old-street, St. Luke's, London, containing a 5l. Bank-note, No. 6413, dated the 14th of July, 1802; I put the number and date down; I paid for it as a double letter, and saw the clerk mark the letter.

JOHN CLINCH sworn. - I am clerk in the Postoffice, at Exeter, and on the 19th of May, at four o'clock in the morning, I made up the bag in the usual way, and delivered it to the guard.

THOMAS HEADS sworn. - I am a sorter in the inland office, at the Post-office, London; this is the letter-bill sent from Exeter, received the 20th of April, of letters paid for and unpaid. (Produces it.)

Clinch. This is the bill which was put into the bag the 19th; there are paid letters to the amount of 1l. 12s. 1d. - unpaid for London 7l. 19s. 3d. - passing through London 1l. 12s. 10d. - total of unpaid letters 9l. 12s. 1d.(Signed) W. JACKSON.

THOMAS ALLEN sworn. - I am a letter-carrier, my walk is in Whitecross-street to Old-street and Mitchell-street.

Q. Do you remember any letter directed to Mr. Jacobs on the 20th of April last? - A. No.

Q. Did you deliver all the letters you had in the usual course on the 20th of April? - A. Yes, about twelve o'clock.

SAMUEL JACOBS , jun. sworn. - I live at No. 4, Mitchell-street, near St. Luke's, but did not receive a letter or 5l. note on the 20th of April.

Mr. HUGH FERGUSON sworn. - I am inspector of the letter-carriers. When letters arrive from different parts of the country, they are sorted in the inland office to twelve districts for London, which are distinguished by numbers; Mitchell-street, in Old-street, is in No. 8. Those first twelve divisions are again subdivided for delivery into 116. It daily happens in the first sorting that letters are sorted to a district to which they do not properly belong; in which case it is the duty of the subdivision to carry it to the proper division. On the 20th of April the prisoner was employed in the 11th division, to sort the franked and paid letters; and supposing a paid letter by mistake to be sent to the 11th division, it would come into his possession, and his duty would have been to hand it over to the 8th. On the 20th of April there were letters missorted; there is a charge taken to each division who keeps a book, and that book contains an account of the charges for letters missorted and sent back; the amount was 2l. 18s. 11d. in the 11th division.

Q. Do you know Anthony Foxlow? - A. Yes, he was at the 9th division, and has been employed in the Office near thirty years; he is a hosier as well.

Cross-examined by Mr. Knapp. Q. Do you know one Wells? - A. Yes.

Q. What was he? - A. A letter-carrier and sorter.

Q. At what number did he attend? - A. At the 9th division.

Q. What is become of him? - A. He has absconded, he being in arrears to the Office.

Q.Wells would be nearer to No. 8, and so would Foxlow, than the prisoner's place of division? - A. Yes.

WILLIAM NEWTON sworn. - I am clerk in the Bank, and produce a Bank-note, dated the 14th of July, 1802, No. 6413, for 5l. entered on the 21st of April, as received of Esdaile and Co.

JOHN BOYLES sworn. - I am a clerk in the Bank, and received a list from Esdaile's house on the 21st of April, the total of which was 1741l. there were seventy-eight 5l. notes; we have nothing to do but to see that they are good; this was a good Bank of England note before it was cancelled.

ROBERT GARFORD sworn. - I am clerk to Mess. Esdaile and Co. bankers to the Receiver-General of the Post-office; I received a parcel of notes from the Receiver-General's late on the 20th, which I counted over, and made the entry on the 21st.

Cross-examined by Mr. Knowlys. Q.Who delivered the notes to you? - A. I do not recollect; there are no dates and numbers entered; the particular notes are not specified in any book in our house.

JAMES COOK sworn. - I am clerk to the Receiver-General, and know the prisoner (looks at the note); I don't know that this note has ever been in my hands; there is the prisoner's name on it; he paid about 8l. to me on the 20th of April, in Bank-notes and cash; I believe his name on the

note to be his own hand-writing; I have often seen him write his name. On the 20th of April I made a payment to Sir James Esdaile 's of the gross sum of 2541l. in Bank-notes and cash, but I cannot specify the Bank-notes.

DANIEL STONE, Esq. sworn. - I am Superintending President of the Inland Office: On the 14th of July I pointed the prisoner's name out to him on this note, and asked him whether it was his writing; at first he hesitated, and said, he was not quite certain whether it was or not; afterwards he said he believed it was; I asked him where he had received it; he said, he had either received it from Foxlow, or some person who kept a public-house in his walk, and he said, he had paid it to the Receiver-General.

Cross-examined by Mr. Knowlys. Q.He said, he paid it to the Receiver-General, and the name of Langbridge was at full length on the note? - A. Yes.

Q. I need hardly ask you, whether a person belonging to the Post-office would be so mad as to pay it again into the Post-office, if he had stolen it from it? - A. I should think not.

Q. The persons who carry letters about the town, are a good deal in the habit of getting change for notes? - A. Yes.

Q. Don't you know that Foxlow is much in the habit of receiving others cash, and giving them notes for it? - A. I have understood so from himself.

Mr. FRANCIS NALDER sworn. - I am one of the City Marshals; this examination was taken in my presence, and signed by the Lord Mayor, the prisoner, and myself.(Examination read:)

"The examination of John Langbridge, a letter carrier, employed by the General Post-Office, taken before me, Charles Price, Esq. Mayor of the City of London, and one of his Majesty's Justices of the Peace for the said City, this 17th of June, 1803. - The said John Langbridge, a letter carrier, says as follows: The Bank-note, now produced, I paid to the Receiver-General on the 20th of April, and the name of Langbridge on the Banknote is my writing; I received the note of Foxlow before nine the same morning; I gave him change in gold and silver for it; I gave the note, together with the rest, as my payment that morning, being 8l. 4s. 8d. to Atkinson, or Smith, to pay to the Receiver-General; I have been in the habit some months of giving Foxlow all the change I could accumulate, for which I was to have something out of every hundred; I gave Foxlow change in gold and silver for it; there might be a guinea, two half-guineas, and some seven-shilling pieces, or it might be all silver; it appeared that half-guineas and seven-shilling pieces would be as desirable as silver at that time; I have taken many one of Foxlow, and did not think of marking them; I am clear I did take it of Foxlow; I have not taken one five-pound note since of any other person; the Bank-note, now produced, No. 6413, dated 14th July, is the same I received of Foxlow, and paid into the Receiver-General's office; I have taken fifteen or sixteen five-pound notes of Foxlow at different times, and have put my name on some of them, but not all; I have taken many notes, and not put my name on them; I know Bowles, who keeps a public-house, in Seething-lane; I have not received any five-pound notes of Mrs. Bowles for five or six months past."

Further examination, taken 20th of June, 1803, - "Says that Atkinson, or Smith, or one of them, was the person he left the money with that morning; it is impossible for him to say which of them, but he is conscious he paid it to one before he went out on his delivery, and before nine o'clock in the morning."

MATTHEW ATKINSON sworn. - I am a letter carrier; this is the bill that was paid into the Receiver on the 20th of April; it is not my writing, but Mr. Tadbumter's, who was the charge-taker; I believe I took the money into the Receiver on the 20th of April, and I make a mark upon the list when I receive the money of each man, but I will not swear I received the prisoner's.

Lord CHARLES SPENCER sworn. - I received a letter from the prisoner on the 15th, but, in consequence of removing, it is mislaid, and I cannot find it; I recommended the prisoner to the Office two years ago, in consequence of the recommendation of another person.

ANTHONY FOXLOW sworn. - I am a letter carrier in the Post-Office, and have been thirty years in the walk I have now; I live in Lamb-street, Spital-fields, and keep a hosier's shop; I know the prisoner since last January; I collect what silver I can to carry to a banker's, and the prisoner, as well as others, brought me what he had to spare, and I gave Bank-notes for it, but that could not be more than three times a week; with the prisoner it might be once or twice a week generally, at what we call the first round, a quarter before eight in the morning, when we have most spare time at the Post-Office; I always took the Bank-notes with me, as I had not time to seek them.

Q. Do you remember having any transaction with him on the 20th of April? - A. Not the least in the world.

Q. If you had any transaction, and got any change, how could you have paid him? - A.With a note out of my book that had been in my pocket ever since the day before.

Q. Have you any recollection what you did on the 20th? - A.Nothing at all.

Q.Upon no occasion did you do it but with notes you brought from home? - A. I am clear of it.

Cross-examined by Mr. Knowlys. Q. You stood at No. 9, and the prisoner at No. 11? - A. Yes.

Q. A letter intended for No. 8, could not get to No. 11 but by mistake? - A. No.

Q. By the same mistake it might get to No. 9? - A. Yes, it might.

Q. Supposing a person, standing at No. 9, was inclined to take a letter from No. 8, he would have a better opportunity of doing it than a person at No. 11? - A. No doubt of it, No. 11 is not so near by eight or ten yards.

Q.Were you acquainted with Wells? - A. Not much, about as much as with the prisoner; I never got change of him, he had other people to oblige; I believe he did accommodate me once or twice when he wanted to borrow some money.

Q. How many persons come to No. 8 or 9 at the time the letters are sorted? - A. At No. 9 there are nine in number, and eight or nine at No. 8.

Q.Then there would be eight or nine people nearer this lot than those at No. 11? - A. Yes.

Q.And No. 7 is as near as No. 9? - A. Yes, there is only the partition of the seat between.

Q.You were examined upon this business? - A. Yes.

Q. Do you always put your name on the notes you pay? - A. Yes, they will not take them of me without.

Q. You have said it, and I give you leave to retract it, for I have two or three people to prove the contrary - do you mean to swear, that, whenever you gave a note in exchange for cash, you always put your name on the notes? - A. I did not intend to say I always had done so.

Q. Do you mean to say you have not, in many instances, passed notes to persons in the Post-Office without putting your name to them, upon your oath? - A. If I have done so, I have told them they must put down the numbers.

Q. Have you not done it? - A. Yes, I have.

Q. Do you know one Dennett? - A. Yes.

Q. Have you not often given him notes without putting your name on them? - A. I cannot say, he knows best; not to my knowledge; I do not mean to say what is false, I would rather acknowledge I had done so than that I had not; I believe I had but two or three transactions with Dennett; I had no meaning for it if I did, but I will not swear I did not; I might do it.

Q.Have you ever happened to be suspended before this took place? - A. Yes, once.

Prisoner's defence. My Lord, and Gentlemen of the Jury - It has been told to your Lordship that I have been in the habit of giving Foxlow change for notes for several months past; I did, on the 20th of April, give him gold and silver, for which he gave me that note; and I do declare most solemnly, I have not received, or taken, or given, any person change for any five-pound note for eight months whatever; when I was before Mr. Parkin, I was asked from whom I received it; I did not hesitate in stating it; Foxlow was present, and Mr. Parkin told him it became him most seriously to account how he came by it, to look at the note, and see if he could recollect from whom he had it; we were then ordered to withdraw, and we went home about our business; we were told there would be no more examinations at his house, but on Friday, the 17th, we must attend the Lord-Mayor; I was the first that attended at the Mansion-house on that day, agreeably to Mr. Parkin's order; I was first examined, and my examination went to prove I received it of Foxlow, and of no other person; the Lord-Mayor asked me several times to recollect, and I am under the necessity of stating, that a more partial case never was known; he asked me whether I could not recollect whether I did not receive it of another person; I could not charge a person from whom I had not received the note; we were ordered to withdraw, and attend again on the Monday following; we attended again, and during this time Mr. Foxlow had made all the interest he could, and every thing was devised that could be thought of, to throw it upon me; I was then ordered to the Compter, to be provided with every thing necessary, and to have my friends to see me, at the expence of the Post-Office: I was ordered to attend again on the Monday following, and then he had got those gentlemen about him, and I was ordered to be tried; I have a number of friends also. Foxlow tells you, he has been suspended no more than once; more than once or twice he has been charged with robbing the seal of his brother officers of their letters, and he has been suspended for that; he has been only suspended when four, five, or six others were dismissed for embezzling Government money, for which he was glad to pay 175l. to save himself from disgrace. During all the time I filled that situation, I have endeavoured to discharge my duty as became a man, and I have a number of friends, if it is necessary to call them, to my character. I hope that your Lordship's mind, and the Jury under your Lordship's direction, will be perfectly satisfied of my innocence.

Evidence for the prisoner.

THOMAS DENNETT sworn. - I am a lettercarrier, and have been so two years; I know Foxlow, and have often given him cash for Banknotes within the last twelve months, twenty or thirty times, or more; when I first gave him change, they used to be signed A. F. at the top, but he has discontinued it, and I have not asked him to do it; one time I gave him forty guineas in gold, and he gave me forty-two pounds in notes, not one of which was signed; a little before this circum

stance, I gave him cash for a twenty-pound note, and that was not signed; and at several other times.

Cross-examined by Mr. Fielding. Q. Don't you know, that, by the direction of the Post-master, you are to put your names upon the notes you pay in? - A. I know it now, and first knew it by seeing it stuck up in the Office; I always put his name on those notes myself that Foxlow gave me.

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

NOT GUILTY .

Second Middlesex Jury, before Mr. Justice Lawrence.

Reference Number: t18030706-59

577. ELIZABETH WARE was indicted for that she, on the 6th of June , feloniously, knowingly, wittingly, and without lawful excuse, had in her possession and custody, divers forged Bank-notes, that is to say, one of 2l. and four Bank-notes for the payment of 1l. each, she knowing them to be forged and counterfeited .

Second Count. For that she, on the same day, had in her custody, a certain other forged Banknote, for the payment of 1l. she knowing it to be forged and counterfeited.

And two other Counts, charging her with having, in her dwelling-house, the said forged Bank-notes, she knowing them to be forged.

The prisoner pleaded GUILTY .

Transported for fourteen years .

First Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18030706-60

578. ELIZABETH WARE was again indicted for feloniously forging, on the 16th of May , a Bank-note, for the payment of the sum of 1l. with intent to defraud the Governor and Company of the Bank of England .

Second Count. Charging her with feloniously disposing of and putting away such note, knowing it to be forged.

Two other Counts, for uttering and publishing as true, a forged promissory note, for the payment of 1l. she knowing it to be forged, with intent to defraud the Governor and Company of the Bank of England.

And four other Counts, charging it to be with an intention to defraud Mary Puller .

No evidence being offered, the prisoner was ACQUITTED .

First Middlesex Jury, before Mr. Justice Lawrence.

Reference Number: t18030706-61

579. WILLIAM DAVIS , otherwise HART , and TERENCE DOYLE , were indicted, the first, for feloniously shooting, on the 25th of June , at George Creamer , with a certain pistol loaded with powder and ball, with intent to kill the said George .

Five other Counts, charging him with shooting at Richard Young and Joseph Lumley, and for making an assault on them; and the latter, for feloniously aiding, abetting, and assisting, the said William Davis, otherwise Hart.

It not appearing that any aim was taken, but that the pistol went off accidentally, the prisoner were. ACQUITTED .

Davis was ordered to be delivered to Lieutenant Young of the Royal Navy.

First Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18030706-62

580. WILLIAM KILNER was indicted for unlawfully and maliciously shooting at one Thomas Crick , on the 15th of May .(The case was opened by Mr. Gurney.)

THOMAS CRICK sworn. - Examined by Mr. Gurney. I am servant to Mr. Talbot, Garden-court, Temple .

Q. On the night of Sunday the 15th of May, what time did you come into your master's chambers? - A. A little after ten; I went out about five minutes before eleven; as I went down the stairs, Mr. Kilner was standing, leaning upon the iron rails, outside the staircase; as I passed him, he fell - into a fit of laughter, but said nothing.

Q.How soon did you return? - A. I was not gone more than five minutes; when I returned, he was leaning on the bannister of the staircase, near Mr. Talbot's outer door; I opened the outer door and went in, and bolted it; I had not been in the chamber above two minutes, when I heard a violent rattling against the door of the chamber, which induced me to open it; Mr. Kilner then went rather back towards his own door, and presented a pistol at me; Mr. Kilner's door is up in the corner, upon the same landing as Mr. Talbot's, upon which I attempted to get in, but before I closed the door, the pistol was fired.

Q. At the time the pistol was so fired, was it presented at you? - A. It appeared to me to be presented right at me, I was very much frightened.

Q.How far was he from you? - A. He might be a couple of yards from me.

Q. How were you able to see him? - A.There was a lamp upon the landing-place; I then opened the window and called the watch, and two watchmen came; Mr. Kilner had then got his own outer door open; I told them that was the man, and they went into his chambers, I saw the bullet had gone into the wall, at some distance from the door.

Q. It had not passed into the chambers? - A. No.

Q.How far from the door? - A. It might be more than a foot.

Cross-examined by Mr. Serjeant Best. Q. The ball was very near the floor, was not it? - A. It was near the skirting board.

Q. So that it would have hit your legs? - A. It would have hit my legs if I had not gone in.

Q. He was laughing when you passed him? - A. Yes.

Q. Did you observe any reason for that laughing? - A. No.

Court. Q.Were you directly opposite the doorway, or were you on one side the door? - A. I had one foot inside the door, and the other out.

Q.Then his not hitting you was not owing to your going in, but to the pistol being discharged at the side of the door? - A. Yes.

Q. In discharging the pistol, did the ball cross the door-way? - A. Yes.

Q. Mr. Kilner's door is not opposite your master's, but on one side? - A. Yes.

Q. Then the ball must have crossed the line of the door-way? - A. Yes.

Q. This building stands between the Middle-Temple-garden, and Middle Temple-lane? - A. Yes.

ISAAC BLACKBURN sworn. - Examined by Mr. Gurney. I am a watchman in the Temple.

Q. In consequence of either the report of a pistol, or being called by that lad, did you go to Mr. Kilner's chambers? - A. I went upon hearing the word watch called; I was not the first that went up; when I went up, Mr. Kilner was supporting himself at his own chamber door.

Q.Did you go into his chamber with him? - A. No; I examined where the bullet had struck, I found it in the wall of the second staircase.

Q. How near Mr. Talbot's door? - A.About three feet.

Q. How far from the landing-place? - A. About two foot, it is level with the third stair upon the second flight. (Produces the bill.)

WILLIAM DAY sworn - Examined by Mr. Gurney. Q. You were the first watchman that go up stairs? - A. Yes.

Q.Where did you find Mr. Kilner? - A. Inside his outer door, the door was a little a-jar, he smiled at me when I opened the door.

Q.Did you take him into custody? - A. No, I did not, I only staid at the door, that he should not go out nor come in; he was taken up the next day; I believe, the boy called out, thieves, and said, they are gone in there, and pointed to Mr. Kilner's door.

Q. After the pistol was fired? - A. Yes; Mr. Kilner stood with the door in his hand, then Mr Raincock came out of his chambers on the same floor, in his shirt, and said, Mr. Kilner, you have not any design against me, and he said, no, nor any person else

WILLIAM BLACKMAN sworn. - (Produces a pistol;) I found it in Mr. Kilner's pocket the next day, at Bow-street.

The prisoner did not say any thing in his defence.

For the prisoner.

DR. SIMS sworn. - Examined by Mr. Serjeant Best.

Q. How long have you known the gentleman who now stands at the bar? - A. Many years, I dare say, a dozen years.

Q. What has been the state of his mind? - A. Above four years, I suppose, he has had very severe turns of insanity; I attended him at his chambers in the King's-bench, and at a private mad-house, kept by a Mr. Warburton.

Q.During the time you attended him, was he insane? - A.Perfectly so.

Q.Could you form any judgment of what probably was the state of his mind at this time? - A. My opinion is, that he never will be so serene as not to be liable to it, if any thing agitated his mind; and upon being applied to, to certify that he might be allowed to be at liberty, I most positively refused it, I was convinced it would be attended with dangerous consequences, either to himself or the public, it he was at large; he was then got into that state of mind, that he became very cunning, and able to conceal his insanity, except when certain subjects were touched upon; finding that I would not certity, they came again to me, telling me, that Dr. Wills, who had attended him along with me, during some of his turns of insanity, would certify if I would; I was surprised at it; I said, I would see Dr. Willis, and if I found I was in an error, I would submit; and I found they had been with him in the same manner to endeavour to get him to certify; I saw him several times afterwards, and have passed him in the street; I saw him in the spring, and could not but observe that he was deranged, and in a state of agitation; he would sometimes run, then stop, screw his face in various ways, mutter and talk to himself, I was then thoroughly convinced he was insane.

Court. Q. When was he at Hoxton? - A. It might be about from two to three years ago.

Q. You have not attended him since his leaving that place to this time? - A. No.

JOHN KIRBY sworn. - Examined by Mr. Knapp.

Q. You have had the prisoner in your care? - A. Yes; on the 19th of November, 1800, he was with me, he received sentence from the Court of King's bench to be imprisoned eight months, for sending a challenge.

Q.Did you see any thing particular in his conduct? - A. Yes, and I gave strict orders that he should not be irritated.

Q. Were those orders given by you upon the idea that he was not correct in his senses? - A. Yes; I went with him in a coach, when he was remanded, and I wished him to make an apology to the Court, and he said, he would not; he appeared to have a deranged mind all the time he was with me; he was musing by himself, and would not speak at times.

Q. How long has he been with you the last time? - A. I don't know to a day.

Q.Has his conduct been of the same nature as that which passed in 1800? - A.Much the same.

Court. You say, you considered him as deranged, what were the grounds of that opinion? - A. He would not speak sometimes; when I have said, how do you do, he insisted upon it, that my man belonged to a mad-house, and was watching him; I told him he was a very decent man, and did not belong to a mad-house, and he said, he knew better.

The Jury pronounced their verdict NOT GUILTY,

On the ground of his not being in his right mind, at the time .

First Middlesex Jury, before Mr. Justice Lawrence.

Reference Number: t18030706-63

581. ARTHUR M'GINNIS and MICHAEL DELPHY were indicted for making an assault upon Robert Dickson , in the dwelling-house of the said Arthur, on the 5th of May , putting him in fear, and taking from his person a handkerchief, value 2s. a jacket, value 10s. a waistcoat, value 10s. a pair of trowsers, value 5s. a watch-pocket, value 1d. and a warrant for the payment of 19l. 1s. 10d. the property of the said Robert.

There being no evidence to shew that any thing had been stolen but the warrant, which turned out to be of no value, the prisoners were ACQUITTED .

First Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18030706-64

582. JOSEPH ANDERSON was indicted for making an assault in the King's highway, upon Jacob Lecore , on the 12th of June , putting him in fear, and taking from his person a silver watch, value 20s. the property of the said Jacob.

JACOB LECORE sworn. - I live in Skinner-street, Bishopsgate-street; I work in a hat warehouse : On the 12th of June, about half after ten at night, I was coming along with my wife near Brick-lane ; the prisoner came up against me, and took the watch out of my pocket; there were nine or ten of them together.

Q. He did not use any violence, or hold you? - A. No, he only pushed against me, and took my watch; I snatched it out of his hand, and laid hold of him; some of the others ran up to me, and knocked me down; I saw no more of him till the watchman and my brother took him.

Q.What sort of a night was it? - A. My face was quite close against him.

Q.Are you sure the prisoner is the man? - A. Yes.

JOHN LECORE sworn. - I was with my brother and his wife; I was carrying a child about three years old; I was at the head of my brother; I heard his wife sing out, your brother is robbed, and I put down the child; my brother said, that was the man that robbed him, (pointing to the prisoner); I pursued him, with the watchmen, and took him; I never lost sight of him; my brother came up, and said, that is the man that robbed me of my watch.

- FREEMAN sworn. - I am headborough; I was sent for to take charge of the prisoner, (produces the watch); I received it from Jacob Lecore.

Lecore. This is my watch.

Prisoner's defence. There were a great many people running; I ran with them; they laid hold of me, and charged me with the robbery.

GUILTY, aged 18,

Of stealing, but not violently .

Transported for seven years .

First Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18030706-65

583. ANN GRACE was indicted for making an assault in the King's highway, upon John Harrison , on the 9th of May , putting him in fear, and taking from his person a silver watch, value 40s. the property of the said John.

JOHN HARRISON sworn. - I am a clock and watchmaker : On Monday evening, the 30th of May, about half past ten o'clock at night, I met the prisoner at the bar in Great Dyot-street, St. Giles's; she asked me to go home with her to her apartment; I refused, and said, I had no money about me; she said, never mind that; she took me up to her lodging in Rat's Castle ; I went with her, and she took my watch out of my pocket, and put it in the fire-place; I asked her for it again, and she took up the poker, and struck me a violent blow upon the head; I immediately ran down stairs, and met a man, who conducted me to my lodgings; the next morning, I went, and met her at the same door; she was dressed exactly the same.

Q. You told her you had no money - did you offer to let her have the watch? - A. No.

Q. Have you seen the watch since? - A. No.

Q.Had you no officer with you when you went the next morning? - A. No, I let her go; she was not taken then; I was not present when she was taken.

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

Q. How many children have you? - A.Not any.

ANDREW TIERNEY sworn. - I am a labouring man: On the 31st of May, between seven and eight in the morning, I saw this man with his face all over blood; he said, he had been robbed and ill-used by a woman; I went with him, and he pointed her out to me; as we were going along, she was resolute, and she snapped her fingers, and said, I have done you, you old b-r; we got an officer, and apprehended her in the afternoon of the same day.

Q. Did she say any thing then? - A.Not a word.

MICHAEL LEE sworn. - I am one of the patrol

of Bow-street; I apprehended the prisoner, I searched her, but found nothing upon her.

Q.(To Harrison.) Were you sober, or in liquor? - A. I was not in liquor at all; I had been drinking a pint of beer, but was quite sober.

Prisoner's defence. I know nothing at all of it; he said, if I would pay him for the watch, he would not hurt me.

Harrison. I told her I did not want to hurt her, if she would pay me for my watch.

NOT GUILTY .

First Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18030706-66

584. WILLIAM FREELAND was indicted for feloniously stealing, on the 20th of March , a leather trunk, value 4s. a wooden night-stool, value 3s. a wooden box, value 1s. twenty Dutch tiles, value 2s. and a painting, framed and glazed, value 2s. the property of William Cooke .

The prosecutor was called, but not appearing, the prisoner was ACQUITTED .

First Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18030706-67

585. SAMUEL LEFEVRE was indicted for making an assault in the King's highway, upon John Scott , on the 4th of July , putting him in fear, and taking from his person a watch, value 30s. a chain, value 6d. two seals, value 2s. a watch-key, value 1d. and a trinket, value 1d. the property of the said John.

JOHN SCOTT sworn. - I am a labourer in the East-India warehouses in Haydon-square: On Monday evening last, coming from my club-house in Aldersgate-street, in returning home to Spitalfields, just at the bottom of Sun-street, coming into Bishopsgate-street, I was taken with a violent pain across my temples; I said, Lord have mercy upon me, what can this mean; I found I could not walk, and I sat down upon the step of a linen-draper's door in Bishopsgate-street ; the prisoner came up, and said, what is the matter with you, master; I said, I have a violent pain that has caused a giddiness in my head; he immediately asked me where I lived; I told him in Red Lion-street, close by Spital-fields church; he said, shall I go with you, and see you home; I said, no, I hope I shall be better in a minutes or two, I don't require it; he said, what would I give him; I said, I had no money about me, I could not give him any thing; says he, feel in your pocket, you have got money.

Q. What time was it? - A. Better than half past twelve o'clock at night, as near as I can tell the time; I felt in my pocket, and found a penny-piece; he said, give me that; I said, no, I have no other money about me, and I cannot give you that; but I said, I am a watchman in Bishopsgate-street, opposite the London Tavern door, and whatever man was upon duty for me, I could get three-pence or four-pence for his civility in offering to see me home, and he walked with me; I met with the officer of the night, Mr. Bailey; he asked me why I was not on my duty, and I told him I was going to my stand; I did not come from the society time enough to go to my duty; when we came up to Mr. Pinder's door, opposite the London Tavern, the watchman, who was on duty for me, had called the hour of one o'clock; the prisoner then jumped towards me, and said, d-n you, sir, you have got money; he laid hold of my watch-chain, jirked it out, and set off directly with it; I immediately called out, stop thief, and pursued him.

Q.Had the watch any seals? - A. Yes, a watch-key, and a little trinket; it was so violently pulled from me in a moment, that I could not make any resistance; I had not time, he pushed up against me.

Q.What did he do to you? - A.Nothing further than laying hold of the watch with both of his hands, and I pursued him.

Q.Did he lay hands upon you at all? - A.He pushed his body against me at the moment that he got the watch; he pushed me against the gate; the watch-box stands within side the gate; I pursued him into St. Mary Axe; he was brought back about seven or eight minutes afterwards, and taken to Leadenhall watch-house; I saw him in Lime-street, he was then in custody of the watchman; I know he is the man that robbed me; I know him by his having on a dark brownish great-coat, and he was a pock-fretten man; I am sure he is the same man.

Q. How long were you at the club that evening? - A.About half an hour.

Q.What did you drink while you were in the club-house? - A. I did not drink any thing there; we returned from the club-house to the Coach and Horses, and spent six-penny worth; I was taken in the same way about six or eight weeks before, when I had had no liquor.

Q.What had you been drinking? - A.Nothing but porter; there were eight of us, and we spent fifteen-pence among us, that was all; I saw my watch at the Lord-Mayor's the same day; I knew it to be mine; it is an old-fashioned watch, with two seals to it, a key, and a trinket; one seal had a head upon it; the key was a metal key; I shall know it when I see it.

Cross-examined by Mr. Knapp. Q.Are you able to swear to this person from his being pock-fretten? - A. I can swear to him by a thousand things.

Q. It was club-night? - A. Yes; I got there about half an hour before ten.

Q.Was it your duty to have been upon the watch that night? - A. I go every night, except I am engaged.

Q.Was it your duty to have been upon the watch that night? - A. I am not compelled any night, when I have other business that I can do.

Q.Where did you meet in your club? - A. No. 129, Whitecross-street; there were fourteen or fifteen hundred; it is the British Assurance Society.

Q. How many might then meet? - A.There were a hundred there for any thing I know, but while I was there, there were only eight of us.

Q. You adjourned to where? - A.The Coach and Horses.

Q. What time did you get there? - A.About ten o'clock.

Q. Don't you know that is a night-house? - A. I don't know; I never visit night-houses.

Q.How much did you drink? - A. I did not measure it.

Q. How much did you drink? - A. I suppose I drank my share.

Q. It might be a warm night, and you might drink a little more? - A. No, I am no great drinker.

Q. You had a dizziness upon you? - A. Yes; it comes exactly like the shock of an apoplectic fi.

Q.While that is upon you, you don't at all know what you are about? - A. I could not.

Q. How long have you been a watchman? - A. Three or four years.

Q.Have you ever been a witness here before? - A. No; I wish I had not come here now.

Q. Did you ever hear of a forty pounds reward? - A. I never enquired about it.

Q.Have you ever heard of it? - A.There are very few people but what have heard of it, I believe.

Q. You lost a seal with a head on it? - A. Yes.

Q.What head is it? - A. I don't know; it is an engraved head.

Q.Whether it is Buonaparte, or Cicero, you don't know? - A. No.

Q. The watch-key, you don't mean to swear was a key of mixed metal? - A. It is a watchkey, I cannot say exactly.

Q. Do you mean to say you could distinguish that from any other key? - A. I cannot say.

Q.And a trinket, with a lover's knot upon it? - A. Yes.

Q. Did you ever see such a thing before? - A. I do not know.

Q. Have you always been a watchman in Bishopsgate? - A. No.

Q.Were you ever a watchman in Aldgate parish? - A. Yes.

Q. How came you to leave Aldgate parish? - A. I committed an error, in asking for a Christmas box.

Q. Upon your oath were you not discharged from the Aldgate beat on account of drunkenness? - A. No, it was on the boxing-day.

Q.Were you sober? - A. I cannot say I was.

RICHARD WOOD sworn. - I am a watchman belonging to St. Mary Axe: About a quarter past one, on Tuesday morning last, I heard a cry of stop thief, and I jumped out of my box, and met the prisoner at the bar; I made a push at him to catch him; he ran on the other side of the way; I made an attempt to lay hold of him, and missed him; when he got about twenty yards, I struck at him with a stick, and missed him; I pursued him, and law our patrol coming out of the Saracen's Head yard, in Camomile-street; the prisoner ran across the street; a gentleman and the patrol ran up to him; I saw him fall down; he was taken to the watch-house, and searched, but the watch was not found upon him; it was found upon the grating of a cellar at the last house in Camomile-street, the left-hand side; the prisoner fell upon the grating; he had a watch in his pocket.

Q.When did you see the prosecutor? - A. I saw him in St. Mary Axe; after we had taken the prisoner, he said he had lost his watch, and went with us to the watch-house; he saw the man searched there; he said the prisoner was the man that robbed him of the watch; the prisoner did not make any answer, to the best of my knowledge.

Cross-examined by Mr. Knapp. Q. The watch that was taken from the prisoner's person was not the prosecutor's? - A. No.

JAMES HICKES sworn. - I am a constable; I was on duty at the watch-house: On Tuesday morning, about half past one o'clock, the prisoner was brought into the watch-house; I asked who gave charge, and they told me, John Scott; I did not see the prosecutor's watch at all; I found upon him a very capital watch.

FRANCIS BAILEY sworn. - I am a constable, and overlooker of the watch: On Tuesday morning, I saw the prosecutor going towards the Marine Society, near the London Tavern, with another man; I cannot swear to his face; I called him to account for not being on duty; the man and he went towards the London Tavern; Hickes was going to put them both in the Compter, but when Scott told him they belonged to me, he put the prisoner in the Compter; he brought Scott to me, and I answered for his appearance in the morning; about a quarter past three, a wathcman came to me, who is not here, and told me he had seen a watch down the grating; I went and saw it; the house belonged to Mr. Moore, a linen-draper; I rung the bell, and the man went down and brought up the watch without the case; I took it before the Lord-Mayor, and the case was afterwards produced. (Produces the watch.)

Cross-examined by Mr. Knapp. Q. The person

who was with the prosecutor you dont know? - A. No.

Q. The information of the watch being in the area, you had from a watchman who is not here? - A. Yes.

Q. The gentleman to whom the area belonged did not appear before the Lord-Mayor? - A. No.

Q. Who produced the watch before the Lord-Mayor? - A. I did, without the case.

Q.Who produced it to you? - A. The servant.

Q. He is not here? - A. No.

Q. The prosecutor was in such a situation, that Hickes was about to take him into custody too? - A. Yes.(The watch was identified by the prosecutor.)

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

GUILTY, aged 22,

Of stealing, but not violently from the person .

Transported for seven years .

London Jury, before Mr. Recorder.

Reference Number: t18030706-68

586. ELIZABETH ROWNES was indicted for feloniously stealing, on the 18th of March , 143 handkerchiefs, value 5l. and 4d. and 500 yards of muslin, value 19l. the property of Moses Levy , in his dwelling house .(The case was opened by Mr. Knapp.)

MOSES LEVY sworn. - Examined by Mr. Knapp. I am a merchant and warehouseman in the Minories , in the parish of St. Botoiph, Aldgate, in the City of London: The prisoner came to me as a servant on the 28th of December last.

Q. In what capacity? - A. As house-maid .

Q. Is the warehouse a part of your house? - A. Yes; there is a communication from one to the other, it is all under one roof; the prisoner lived with me till the 18th of March: On Saturday morning, the 19th of March, between five and six o'clock, she knocked at my door, and said, for God's sake, master, get up, your warehouse is breaking open, and we shall be murdered in the house; I went down immediately, she went down with me; I found two squares of glass in the skylight taken out, and a piece of muslin lying at the top.

Q.Was the broken glass large enough to admit the muslin through? - A. Yes, big enough to admit a person to get through it; I looked round the warehouse, but could find nobody; I opened the counter under the sky-light, and found it entirely stripped; there were a great quantity of corded dimities, calicoes, muslins, and a great number of other articles, which were gone.

Q. Did you miss 142 handkerchiefs? - A. Yes, and 500 yards of muslin.

Q. What were the handkerchiefs worth? - A. I dare say, full thirty pounds.

Q. What was the muslin worth? - A.Fifty or sixty pounds, or more; I had some hand-bills sent about, but I discoverd nothing till the 8th of June; I had no suspicion of the prisoner at that time; she left my service about the 14th or 16th of May, and I gave her a character to a Mr. Barnard: On the 8th of June, in consequence of information I received, I sent for Mr. Davis, the constable; he went, and fetched the prisoner to my house; I then said to the prisoner, where did you get money from to get all this quantity of things made up, particularly the cambric aprons.

Q.Had you told her it would be better to give an account of it? - A. No, I had not.

Q.Had the officer said any thing of that kind in your presence? - A. Nothing of the kind; I asked her where she got the money from, to have all these things made up; I said, you have made up a great quantity of corded dimity; she said, the bought it in the Minories; I then sent Davis to search her box; he brought to me some muslins made up into petticoats.

Q.Did he bring any handkerchiefs? - A. No; Mr. Davis then took her to the Compter.

Q. Was the muslin that had been made up into petticoats, muslin belonging to you? - A. Yes, it was.

Q.Had you ever given her that muslin, or any part of it? - A. No, nothing of the kind.

Q.Had she, while she was your servant, access to that warehouse? - A. No, none but men-servants; the women had no business in that part at all.

Q.Was it plain muslin? - A. Some plain, and some figured.

EDWARD DAVIS sworn. - Examined by Mr. Knapp. I am a constable; I was sent to by the prosecutor: On Wednesday, the 8th of June, I went to Mr. Barnard's house, where the prisoner then lived; I told the prisoner she must go with me to Mr. Levy's house; I did not tell her why.

Q. Did she say any thing? - A. No; when she came into Mr. Levy's presence, he asked her how she came by such a quantity of muslin and corded dimities, which he had received information she had made up; she told him she had bought them in the Minories, and she could describe the place where, but could not tell the name; I told her, she must give me the keys to search her boxes; she told me, they were not locked; I went over, and searched her boxes; I found a quantity of muslin, petticoats and corded dimities; there were some muslin handkerchiefs and new bed-gowns; I brought the property over to Mr. Levy's, and he said it was his; I then took her to the Compter,(produces the property), I have had it ever since; I afterwards went to the pawnbroker's, Mr. Morris's, in the Minories, by her direction, where I found pieces of muslin.

Q. Did you find any handkerchiefs any where? - A. I believe part of that muslin is handkerchiefs.

Q.How did you know them to be her boxes? - A.Her mistress pointed them out to me, and I knew them to be her's before; I had searched them at Mr. Levy's before on the 19th of March.

- MORRIS sworn. - I am a pawnbroker, No. 119, in the Minories; I know the prisoner; she pledged a quantity of muslin and handkerchiefs with me at various times, from the 4th of January to the 31st of May: On the 18th of March, she pledged a quantity of muslin and white muslin handkerchiefs.

Q.How many handkerchiefs? - A. One piece; I lent her upon different articles that day 24l.

Q.What is the value of that piece of handkerchiefs? - A.Eighteen shillings; there were twelve of them in a piece.

Q.What quantity of muslin did she pledge on that day? - A. Thirty-nine pieces.

Q.What is the value of the muslin? - A. Eighteen shillings each piece.

Q.Had she been in the habit of using your shop? - A. She had formerly (produces the property) I have had them in my custody ever since.

Levy. I am sure they are my property.

Q.Have you ever permitted her, or any body else, to sell these articles? - A. No, I sell nothing in town, my goods are for exportation; they were rather tarnished, and I sent them to Mr. Starey, at Croydon, to be bleached; they have all been washed, and have Mr. Starey's marks on them; I am sure they are my property.

Q.Whereabout is the value of that muslin and that piece of handkerchiefs? - A. The forty pieces are worth about 60l. as near as I can guess.

Q.Look at the muslins produced by Davis? - A. I am sure they are mine, but now they are made up, it is impossible to swear to them; but I am convinced they are mine.

The prisoner did not say any thing in her defence. GUILTY, aged 33,

Of stealing to the value of 39s.

Transported for seven years .

London Jury, before Mr. Recorder.

Reference Number: t18030706-69

587. JOHN BURK , and CATHARINE the wife of Dennis O'Conolly , were indicted for the wilful murder of Elizabeth the wife of George Colbert .

The surgeon being of opinion that fright or passion might have occasioned the death of the deceased, the prisoners were Both ACQUITTED .

First Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18030706-70

588. WILLIAM GRAYSTONE (a deaf and dumb man) was indicted for feloniously stealing, on the 17th of June , a silver watch, value 48s. the property of John Slack , privately from his person .

JOHN SLACK sworn. - On Friday morning the 17th of June, as I was walking in Oxford-street, I was accosted by the prisoner at the bar; he came to me, and made beckons to walk with me; I made motions to him to go away.

Q. Did he speak to you? - A. No; he still persisted, and I thought he wanted charity; I offered him some halfpence, and he refused them; he walked with me till we came to the corner of Duke-street, Oxford-street; we there met a carpenter with some tools over his back; the carpenter stopped the prisoner at the bar, and I stopped also.

Q.What caused you to stop? - A. To ask the carpenter if he knew the prisoner at the bar; he said, he did, and he was a carpenter by trade, he pointed to the stars, and then to the ground; I told him I did not want my fortune told.

Q. What time was this? - A.About half past four in the morning; he made motions as if he was not well, and wanted something to drink; I went in with him to the corner public-house, and called for a quartern of gin, he would not have any beer; I sat down upon the bench; he wanted to come near me, and I said, my friend, I wish you would go on the other side, I don't know any thing of you, and then I gave him a glass of gin; I found myself not very well, and went out at the door, and came back again; I laid my head down on the bench where I fat; he was at a distance from me; I fell asleep, and when I woke, the landlord touched me on the shoulder, and said, you have got sixpence to pay; I paid him the sixpence; I then went to feel for my watch, to see what o'clock it was, I found it was gone.

Q.When had you seen your watch? - A. I looked at it when I went into the house, to see what o'clock it was.

Q.You were not very sober I fancy by your own account? - A. Yes, I was perfectly sober; I had taken some saloop in Oxford-street, and it had not agreed with me; then I found I had got a hat upon my head not worth sixpence, and my own was gone; then I gave information at Marlborough-street.

Cross-examined by Mr. Watson. Q. You had been up all night? - A. No, I had not.

Q.Had you been at work at all that morning? - A. No.

Q.How many people were there in this public-house? - A.Three besides the prisoner, but there was only him in the box with me; one was a soldier; I have seen the soldier since, and he said he was not there.

Q.Though you saw him there? - A. Yes.

Q.What public-house was this? - A.The King and Queen public-house I think it is.

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

Q. You did not apprehend the soldier? - A. No.

JOHN BETTS sworn. - I am a watchman: On the 17th of June, when I went on duty at night, I heard that a man was robbed, and on the 18th my serjeant called me a quarter before five in the morning, to take the prisoner into custody; I found him at the King and Queen, standing in the taproom; I took him from there to the watch-house; I put my hand into his fob, and took out a watch, which the prosecutor swore to at the Justice's. -(Produces it.)

Cross-examined by Mr. Watson. Q.Were you on your beat the morning before? - A. Yes.

Q. You did not see the persons at the public-house then? - A.No.

Q. You could not understand any thing this poor creature said? - A. He made signs, that if I would give him the watch, he would give me something to drink.(The watch was identified by the prosecutor.)

For the prisoner.

EVAN VAUGHAN sworn. - Q.What are you? - A. I am in no business; I have known the prisoner nine years.

Q.During that time has he not had the power of speech? - A. He has not; his brother worked for me, and he for his brother, as a carpenter.

Q.How did his brother make him assist him? - A. He used to make motions; he understood his motions.

Q.During that time could he hear at all? - A. No.

Q.Did he ever shew any thing dishonest in the course of that nine years? - A. I never heard any thing dishonest of him.

Q. What has been his general character as to honesty? - A. He used to be under the guidance of his brother; he could not walk alone; he used to walk with him. NOT GUILTY .

First Middlesex Jury, before Mr. Justice Lawrence.

Reference Number: t18030706-71

588. CHARLOTTE CHESSON was indicted for that she, on the 26th of May , the dwelling-house of Edward Willoughby, did break into and enter, with intent feloniously and maliciously to cut and destroy fifteen yards of wrought silk, value 1l. 6s. the property of John Goddard and William Henshaw , then being in the loom in the said house; and that she wilfully and felociously did cut and destroy the said silk, not having the consent of the said John Goddard and William Henshaw , the owners of the said silk, so to do .

Second Count. Charging it to be the property of Edward Willoughby .

And in several other Counts, varying the manner of charging the offence.

It appearing in evidence that the silk was cut for the purpose of felony, and not for the purpose of malicious destruction, the prisoner was ACQUITTED .

First Middlesex Jury, before the Lord Chief Baron.

Reference Number: t18030706-72

589. JOHN STAPLES was indicted for breaking and entering the dwelling-house of Nathaniel Harden and John Jaques , about the hour of one in the night of the 23d of February , and burglariously stealing 7l. 2s. 6d. in monies numbered; a Bank-note, value 20l. another Bank-note, value 1l. another Bank-note, value 50l. another Banknote, value 40l. three other Bank-notes, each of the value of 2l. and a note for the payment of ten guineas , the property of James Wild , John Watts , and John Boddy .

Second Count. Charging it to be the dwelling-house of John Jaques .

The prosecutor not being able to identify the only note that had been traced, the prisoner was ACQUITTED .

London Jury, before Mr. Recorder.

Reference Number: t18030706-73

590. MARIA BARREL was indicted for that she, on the 20th of May, in the 42d year of his Majesty's reign, was tried and convicted of being a common utterer of bad money, and was sentenced to be imprisoned one year, and find sureties for her good behaviour for two years more; and the indictment further charged that she, having been so convicted as a common utterer, did afterwards, on the 3d of June , a piece of false and counterfeit money, made and counterfeited to the likeness of a good shilling, unlawfully and feloniously did utter to one Mary, the wife of John Loosely , knowing the same to be false and counterfeit .

Second Count. For a like offence, varying the manner of charging it.(The case stated by Mr. Knowlys.)

CALEB EDWARD POWELL sworn. - Q.You are assistant Solicitor to the Mint? - A. I am, and produce a copy of the record of the conviction of the prisoner, which I got from the Office of Mr. Shelton, and examined with the original.(Record read:)

Q. Did you attend the trial? - A. Yes.

Q. Is the prisoner the same woman who was then tried? - A. Yes, I have no doubt of the person.

EDWARD KIRBY sworn. - Q. Are you nephew to the present keeper of Newgate? - A. I am.

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

Q. Were you present when she was tried? - A. Yes.

Q. Was she in your custody? - A. Yes, for one year.

Q. Have you any doubt about her person? - A. Not at all.

WILLIAM RICHARDSON sworn. - Q.Where

do you live? - A. In Charlotte-street, Portland-place.

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

Q. Do you keep a shop? - A. Yes, a turnery and toy shop.

Q. Do you know the prisoner? - A. Yes, I know her again; I saw her on the 3d of June, about seven o'clock in the evening; a woman came to my shop for a pennyworth of marbles; she gave me a bad shilling; I returned it to her; she said she was going a little further, and would call again.

Q. Did you follow her out? - A. Yes.

Q. Did you see whether she joined company with any body else? - A. Yes, I followed her into Weymouth-street, and there I saw her join company with the prisoner; after consulting some time, they went across Portland-place, and Harley-street, to a tallow-chandler's in Weymouth-street; Rowley went in, and the prisoner went gently on; I waited till she came out, upon which I went in to learn what she had done; in consequence of what I heard, I was induced to follow them still further; I came out as Rowley had overtaken the prisoner; they consulted together, and something was exchanged, but I cannot say what; she gave something to the prisoner, who appeared to be feeling in her pocket as if she was going to return something; I followed them into Mary-le-Bonne-street, and observed Rowley go into Mr. Loosely's shop; the prisoner walked gently up Wimpole-street; I went into the shop after she came out, and in consequence of what I heard there, I again followed the prisoner and Rowley; I got the beadle of the parish to assist me, because I was determined to take them up; we followed them to Oxford-street; they several times consulted together; the prisoner never went into a shop, but had a letter in her hand, and often stood against a door, as if she had knocked and waited; Rowley went into a linen-draper's shop, upon which I told the beadle to go and take that woman, and I would take care of the other.

Q.Did you secure them? - A. Yes, and there were plenty of people to see the prisoner nor the other did not drop any thing.

Q. Was she searched in your presence? - A. Yes, by Hamilton; there were four or five shillings found in her hand, which she was loath to unclench; in her pocket was found a great many sixpences, and a great deal of copper; the officers searched Rowley, and said there was nothing to be found on her.

MARY LOOSELY sworn. - Q.What is your husband's name? - A. John Loosely.

Q. What shop do you keep in Mary-le-Bonne-street? - A.An ironmonger's.

Q.Look at the woman, named Rowley? - A. She came into our shop, and bought two sheets of scowering-paper on the 3d of June, and gave me this bad shilling, (produces it;) immediately after she was gone out of the shop, Mr. Richardson came in.

Q. Did you give her the change of the shilling? - A. Yes, I gave her ten pennyworth of halfpence and penny-nieces.

SAMUEL HAMILTON sworn. - Q.Are you one of the officers at Marlborough-street? - A. Yes.

Q.Was the prisoner and Rowley brought to your Office on the 3d of June? - A. Yes; I searched the prisoner in the presence of Mr. Richardson and several others, and found, clenched in her hand, these four bad shillings. (Produces them.)

Q. Did she open her hand readily? - A. No, very reluctantly.

Q. Did you search her pocket? - A. I did.

Q. Did you find any money in her pocket? - A. Yes, sixteen good sixpences, a good half-crown, and a good shilling.

Q.Did you find any bad money in her pocket? - A. No.

Q.Did you find any copper in her pocket? - A. Yes, six shillings worth.

Q.What else did you find? - A. Two sheets of scowering-paper, a piece of wax-candle, an ounce of tea, a new pen, and several two-penny stamps; a small piece of fancy paper, and a little bit of thread.

Q. Did she say any thing? - A. No.

Q. Did you search Rowley? - A. I did not, but I saw her searched, and there was nothing found on her; I was more attentive to the prisoner, but the officer, who is not here, told me there was nothing found on her.

ELIZABETH ROWLEY sworn. - Q.Where do you live? - A. At No. 2, Little Drury-lane.

Q. Are you married or single? - A.Married.

Q. Does your husband live with you? - A. Yes.

Q.What is his name? - A.Stephen.

Q. How long have you known the prisoner? - A. I knew her fifteen years ago.

Q. Have you been much acquainted with her lately? - A.When she was in Newgate, she sent to me, and I sent her work.

Q.Were you with her on the 3d of June? - A. Yes.

Q. Do you know Mr. Richardson? - A. I have seen him here; what he has said is truth about the marbles; Mrs. Barrel shewed me where to go in, and gave me a shilling, and told me to go in; I told her I believed it was a bad shilling; she said, it was of no consequence whether it was good or bad, for if I had no more than one about me, they could not hurt me.

Q. Did you afterwards go into any shop of Mrs. Loosely's? - A. Yes, and into a wax shop, where I bought a pennyworth of wax; she told me the wax was for making gum flowers, and I gave it to her.

Q.Look at that bit of wax? - A. That is the wax.

Q. Do you know where you bought it? - A. I cannot tell either the street or shop.

Q. Was it before she told you never to mind whether it was bad or good? - A. No, it was after that.

Q.After she told you that, did you not consider her as a bad woman? - A. Yes, there were three men coming after us, and she told me to go away

Q.Did she afterwards carry you to another shop? - A. Yes, but whether it was that shilling or not I cannot say; I bought two sheets of paper, and paid two-pence for them.

Q. What sort of paper? - A. Like scowering-paper.

Q.How came you to go when she had made such a speech to you? - A. I did consider her as a bad woman when she said there was no danger in the second; I did think it wrong, but the first I did not think so much of.

Q.What did you pay with? - A. With a shilling.

Q.Where did you get it? - A.From Mrs. Barrel.

Q.What did you pay for the wax with? - A. With a shilling; I had three shillings of her, and they all went away.

Mr. SAMUEL MENCELIN sworn. - Q. You are one of the Moniers of his Majesty's Mint? - A. Yes, I am.

Q.Look at the shilling which was paid for the scowering-paper? - A. It is a bad one.

Q. Is there any silver metal in it? - A.Scarcely any.

Q.Look at those four? - A. They are all counterfeits.

Q. Is there any letter stamped on them? - A. Yes, part of the letter N; they seem to be of the same coinage.

The prisoner put in a written defence, which was read as follows:

"To the Right Hon. the Lord Judge, and the Honourable the Jury - The humble defence of the prisoner at the bar, sheweth, that she lived lately in two respectable places, and left them with a good character, and has since worked for different shops; on the day she lost her liberty, she was unwilling to go out at all till Mrs. Rowley tried every art to prevail, nor succeeded till Mrs. Rowley produced a paper, containing an advertisement to attend a lady to America, and a lady that they called on in Portland-place, and Mrs. Rowley called at a house while the prisoner waited, and returned, saying, the lady was not at home; in Lower Brook-street I missed her; I went down Welbeck-street, and heard her call after me; I observed to her that three men were following her; she uttered an oath, and said, I don't care for them; she asked me to have some rum; I answered, no, but would wait for her; I took a glass of ale, which was all I bought that day; I proceeded to Hanover-square, when I was seized by a strange man; I enquired the cause, but to no effect; I was hurried to a Magistrate, and on searching my pockets, some change was found which I had received for sundry work, and had taken out for the purpose of buying some mode, having a cloak bespoke; this is all I know, and all I have to say." GUILTY , Death .

Second Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18030706-74

591. MOSES MURPHY was indicted for feloniously stealing, on the 15th of June , a black mare, value 4l. the property of Jeffery East , the younger.

JEFFERY EAST sworn. - Court. Q. What are you? - A. A labourer , and live at Walworth, in Surry .

Q. Have you a father living? - A. Yes, and his name is Jeffery.

Q. What have you to say against the prisoner? I lost my black mare on the 15th of June; I left her in my own stable, about ten o'clock at night, I missed her on Wednesday morning the 15th, about four o'clock.

Q.Have you ever seen her since? - A. Yes; I have her at home now, at work, a neighbour of mine found her in Smithfield, for sale, on the Friday following.

Q. What was the mare worth? - A.Five or six pounds to me, or rather more.

SAMUEL STOCKWELL sworn. - Q. Where do you live? - A.At Walworth.

Q. Do you know any thing of East's mare? - A. Yes; I drove her for him, I worked for him then.

Q. Where did you find his mare? - A. I went on Friday to Smithfield, to buy a pig, and saw the mare tied alongside a horse for sale; I asked the price, the man said, five guineas and a half; I said, she is a stolen mare; he said, his master was down there; I went to him, and told him the same; he said, if she is stolen, I should be glad for the owner to have her, and said, he should be agreeable to send her home; I went to Sell directly, and said it was stolen; he said, he bought her on Saffron-hill; he gave me the mare and I sent her home; I knew her to be the same mare; the stable was broke open, and the mare stolen out.

Q. You had no conversation with the prisoner? - A. No.

HENRY SELL sworn. - Q. You were at Smithfield-market, and met Stockwell there? - A. Yes.

Q. You delivered him a black mare? - A. Yes.

Q. Who brought the mare to market? - A. The prisoner, I bought it of him.

Q. What day of the month? - A. The 16th.

Q. Did he say where he brought her from? - A. He said, he bought her; he asked me three guineas for it; I said, it was too much for my use; I asked him to walk it along about twenty yards. I thought it might do a little work, and I gave him three pounds, about twelve o'clock on Thursday.

Q. Did he say where he had it from? - A.He said, he gave two pounds fifteen shillings for it, and said, he was incapable of keeping it; he said, he had just bought it.

Q. Did he say any thing more about it? - A. No, we had a glass a-piece to drink, and parted.

Q.Where did you buy it of him? - A. On Saffron-hill, and paid the money at the Whitehorse public-house.

Q. How far is that from Smithfield? - A. Hardly half a mile.

Q.How came you to part with the mare so early, when Stockwell challenged it? - A. I bought it on Thursday, and sent my man to the market with it, and told him to ask four guineas and a-half for it; I went to the market, and the person was leading her about; I asked him what he was bid for it; he said, three guineas and a half.

Q.Why did you sell it again? - A. To get half a guinea by it; I bought it for that purpose; I told him, if he could get four pounds for it, to let it go.

Q.How came you to part with it so readily? - A. I have got four or five more; about half an hour afterwards, I was in the middle of the market, and my man came looking for me, and said, the mare was owned; owned, said I, that cannot be; yes, said he, it is, and Stockwell came up to me, and said, it is stolen; I said, I honestly bought it; I said, is it your's; no, he said, it is my neighbour's; a mob began stocking round; he said, he would not stop there; we went over to the Lock and Key public-house, and had some ale; he gave me his address, and the mare was taken home.

Q.(To Stockwell.) Were you by when your master bought the horse? - A. No, I saw nothing of it till the Friday.

MATTHEW T - sworn. - Q. What are you? - A. I am the officer who apprehended the prisoner on Saturday the 18th.

Q. Is Saffron-hill in Middlesex, or the City? - A. In Middlesex, I believe.

Q. Did he say any thing at the time of apprehending him? - A.No.

Q.(To East.) Is the mare that was brought to you, the same mare that you lost out of your stable? - A. Yes, I am sure of it by the marks.

Prisoner's defence. I have got nothing to say, I know nothing of it.

GUILTY Death , aged 23.

First Middlesex Jury, before Mr. Justice Rooke.


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