Old Bailey Proceedings, 30th October 1805.
Reference Number: 18051030
Reference Number: f18051030-1

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 PETER PERCHARD , LORD-MAYOR of the City of LONDON; the Right Hon. EDWARD Lord ELLENBOROUGH , Chief Justice of His Majesty's Court of King's Bench; Sir GILES ROOKE , Knt. One of the Justices of His Majesty's Court of Common Pleas; Sir ALEXANDER THOMPSON , Knt. One of the Barons of His Majesty's Court of Exchequer; NATHANIEL NEWNHAM , Esq. Sir WILLIAM CURTIS , Bart. HARVEY-CHRISTIAN COMBE , Esq. Aldermen of the said City; JOHN SILVESTER , Esq. Recorder of the said City; JAMES SHAW , Esq. THOMAS SMITH , Esq. and Sir MATTHEW BLOXHAM , Knt. Aldermen of the said City; and NEWMAN KNOWLYS , 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 Country of MIDDLESEX.

London Jury.

John Hemms ,

Thomas Crane ,

William North ,

Robert White ,

John Mason ,

Thomas Atkinson ,

Joshua Crabtree ,

James Powell ,

Leonard Wiltshire ,

John Low ,

William Roberts ,

William Smith .

First Middlesex Jury.

William Wallis ,

John Shelton ,

John Wright ,

Charles Brett ,

Knight Spencer ,

Henry Ramsey ,

James Scott ,

John Williams ,

William Henderson ,

John Nyran ,

John Lingard ,

Thomas Jones .

Second Middlesex Jury.

Richard Holdridge ,

Edward Harper ,

John Lemoine ,

Thomas Patendon ,

John Dalby ,

Thomas Jeffreys ,

William Stallwood ,

James Hoare ,

Richard Wyning ,

William Ellis ,

William Walker ,

John Page .

Reference Number: t18051030-1

657. SARAH DAVIS was indicted for feloniously stealing, on the 16th of October , a wheelbarrow, value 15 s. the property of William Curtis .

SARAH CURTIS sworn. - I am the wife of William Curtis , he is a dustman ; we live in Curtain-road, Shoreditch ; I go out with a wheelbarrow.

Q. What day was it you lost it? - A. Last Monday was a week, I lost my wheelbarrow out of the yard where I live.

Q. What is the prisoner? - A. She gets her living by thieving ; I did not see her take it nor have I ever found it again.

GEORGE KEW sworn. - I am a housekeeper; the barrow was taken from my yard by the prisoner; I saw her take it on the 16th of October, a quarter after six in the morning, I was undressed at the time, I saw her wheel it from my yard right down Leonard-street.

Q. Are you sure the prisoner was the woman? - A. Yes, I knew her before.

Q. Was the barrow ever found? - A. No.

Q. How did she get it into your yard? - A. By opening the gate and coming into the yard; she might easily take it way.

WILLIAM RISELY sworn. - I am a dustman; I saw her go into the yard and take it out about a a quarter after six on last Monday was a week.

Prisoner's defence. I never saw the barrow, I never knew her worth a barrow; she is but just come out of gaol herself; I am a box maker.

GUILTY , aged 22.

Transported for seven years .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18051030-2

658. MARY MEAD was indicted for feloniously stealing, on the 19th of October , a gold ring, value 9 s. the property of Alexander Duncan .

JOSEPH CRESSEY sworn. - I am apprentice to Mr. Alexander Duncan , umbrella manufacturer, toyman and silversmith , No. 48, Ratcliff-highway . The prisoner came into the shop and asked for a wedding ring, I presented her a board of rings, she took one and put it on, it was too big, she put it on the board and took another, that being much too big. I told her I would look for a smaller one, upon which she put her fingers to her mouth and put the gold ring in her mouth and took a pinchbeck one out of her mouth and put on the board. I immediately discovered it, I told her she had a gold ring of mine, she denied it. I told her if she did not instantly give it me from her mouth, I would send for an officer; I sent for an officer, he came and put his finger in her mouth, and took the gold ring from under her tongue.

SAMUEL GIBBS sworn. - I am constable belonging to the parish of St. George in the East; I was sent for on the 19th of October, near one o'clock, to Mr. Duncan's to take charge of the prisoner at the bar, for secreting a gold ring; I searched each side of her mouth and could not feel it, I desired her to open her mouth, I put my finger in and under her tongue, I found the ring which I now produce. (The ring identified by Joseph Cressey.)

Prisoner's defence. I went into the gentleman's shop to purchase a gold ring. I tried on one, which was too big, which was the ring that was found in my mouth. I pulled the ring; off my finger, because I would not mix it with his; I said the gold ring belonged to him.

GUILTY , aged 27.

Transported for seven years .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18051030-3

659. MICHAEL DONAHUGH was indicted for feloniously forging on the 8th of December , a promissory note for the payment of five guineas, with intention to defraud Peter Hill .

Second Count. For feloniously uttering a like forged note, he knowing it to be forged with like intention.

It appearing in evidence that the note was a Gainsborough bank note, signed by John Rogers ; and there being no evidence to prove that the note was not subscribed by John Rogers , the prisoner was

ACQUITTED .

First Middlesex Jury, before Lord Ellenborough.

Reference Number: t18051030-4

660. ELIZABETH WILSON was indicted for feloniously stealing, on the 1st of October , six window curtains, value 12 l. two head draperies value 7 l. 10 s. tassels with strings, value 7 s. and vallances, value 3 s. the property of George Hanbury Mitchell , Hugh Hills , Hugh Lindsay , and Thomas Fleming , in their dwelling-house .

THOMAS FLEMING sworn. - Q. What are you? - I am a merchant , I reside myself at Newington, my partnership and firm is carried on in Fenchurch-street.

Q. Where were these things taken from? - A. From Fenchurch-street , I believe, in the parish of St. Dionis, Back church.

Q. Who keeps the house? - A. It is kept in the name of the firm, no one of the partners reside there.

Q. What is the name of the firm? - A. George Hanbury Mitchell, Hugh Ellis , Hugh Lindsey , and myself, Thomas Fleming .

Q. Who resides in the house? - A. Only a servant and a clerk, they dwell in the house.

Q. What is the prisoner? - A. I really do not know.

Q. Had she any thing to do in your house? - A. Not as I know of; I was not in the city at the time; I only know the circumstance as it was related to me.

THOMAS KEYS sworn. - Q. You are clerk to this gentleman? - A. Yes.

Q. You live in the house, do you? - A. I do. On the 1st of October, about four o'clock in the afternoon, I was going from the accompting-house door to the street, I saw the prisoner going out of the side-door that leads into the street, with the curtains in her apron; I went down stairs and stopped her, and sent for a constable to take her into custody.

Q. Were the other things found on her, as well as the curtains? - A. They were all together in her apron.

Q. Did you know any thing of this woman before? - A. I saw her once before; she had been seen by the servant on the stairs; she said she wanted a Mr. - ; she shewed her into the accompting-house; she saw Mr. Fleming, she said that was not the gentleman; she came in about a quarter of an hour afterwards, and then I saw her with the curtains.

ISAAC ENGLAND sworn. - I am the ward-beadle. About half past four o'clock I was sent for to take the prisoner into custody; they stated to me that these things which I produce were found in her custody; I took her into custody to the Compter; the property has been in my custody ever since.

Q. (To Keys.) Look at these things; are these the things that were found upon her? - A. These are the things that I found in her lap, and these are the curtains that I delivered into the custody of Mr. England.

Q. It makes a very large bundle of it all together? - A. Yes, very large.

Q. What time of the day was it? - A. About four o'clock.

Q. Is your door always open? - A. There is a side-door which leads up to the accompting-house always open.

GEORGE ALLEN sworn. - I am an upholsterer.

Q. Look at these things; do you know them? - A. Yes; I made them for Messrs. Mitchell and Co. I have examined the whole of them; there are six window-curtains.

Q. What may they be worth? - A. The window-curtains are worth 12 l. the drapery and fringe about them are worth about 6 or 8 l. besides.

Q. You are sure that you made them for this gentleman? - A. I can swear for the work being from my house for Messrs. Mitchell and Co.

Q. (To Keys.) Do you recollect these things being in your house before the robbery? - A. I am sure of it; they were not hung up at the time, they were deposited in a cupboard.

Prisoner's defence. I had a drop of liquor too much; I did not know what I was doing.

Q. (To Keys.) Did she appear to be in liquor? - A. Yes; she did appear to be in liquor.

GUILTY, Death , aged 33.

The prosecutor recommended her to mercy, on account of her being intoxicated at the time, and not being a reputed thief upon his enquiry .

London Jury, before Mr. Recorder.

Reference Number: t18051030-5

661. JOHN CLARK was indicted for feloniously stealing, on the 20th of August , three blankets, value 13 s. a pair of sheets, value 5 s. a tea-kettle, value 3 s. a pair of bellows, value 1 s. 6 d. a tinder-box, value 4 d. a candlestick, value 1 s. a broom, value 1 s. and two keys, value 2 s. the property of Ann Hall , widow , in a lodging-room .

ANN HALL sworn. - Q. Are you a widow? - A. I have been a widow for thirty-six years. I live in Tyler's-court, Berwick-street, Soho . The prisoner took a back-room of me for three shillings and sixpence a week, furnished, on the ground floor, a twelvemonth ago last August; he lodged with me about two months.

Q. What business did he follow? - A. He was a porter at the White Horse Cellar.

Q. When was it that he went away from your lodging? - A. I think it was some time in September, a twelvemonth ago.

Q. Did you know any thing of his intention of going away? - A. No; he owed me a trifle; he told me he would pay me the next day; it was a little more than a week's lodging; he took the key of the room and the key of the door with him; I expected him home at night; I did not see any thing of him till I saw him at the watch-house last month.

Q. How long after he went away that you broke the room-door open? - A. In about a fortnight after when I went into the room I missed three blankets, a pair of sheets, a tea-kettle, a pair of bellows, and a tinder-box.

Q. Did you ever see my part of this property afterwards? - A. I never saw any of my property again.

Q. Did any body lodge with him in the same room? - A. There was a woman, who she was I do not know, he called her his wife; he went away in the morning first, and she went away a little after him.

Q. Then he could not take the key if she staid last in the room, she must have locked the door? - A. Yes.

- sworn. - I am a smith; the prosecutrix employed me to open the door for her; when I opened the door she and her son went in, they took

an inventory of all the articles that were lost out of the room, and I put my name to it by their request.

JAMES KENNEDY sworn. - About the 7th of last September I was informed that the prisoner was in St. James's workhouse; the prosecutrix and her son went into the workhouse, and they pointed out the prisoner to me; I told him I had got a warrant against him for a felony, for robbing his ready-furnished lodgings; I asked him where the duplicates were of the property; he said he had no duplicates, nor he did not know where they were; but he had a friend there who would be answerable to pay her for the property that was gone. I told him my warrant was for a felony, and he must go with me before a Magistrate; I would not let it be settled there. I took him before the Magistrate; the prisoner was a pauper in the workhouse, and the friend that he got to come forward to settle the business, was a pauper there likewise.

Q. What did he say at that time about the woman that lived with him? - A. He said there was a woman that lived with him; she was not his wife; she was in the workhouse at the same time.

Prisoner's defence. Mrs. Hall has told your Lordship that I took the keys, and that I took the lodgings. It was the woman that took the lodgings, and as soon as the woman and I agreed to take the lodgings, the prosecutrix gave the woman the keys of the room and door directly; I never had the keys in my possession a quarter of an hour in my life; I was a porter; I used to go out between five and six o'clock in the morning; I used to meet the Exeter mail to get a job of carrying parcels from that mail, and I was out carrying parcels at that time; I never went home in day-time; the last time I slept in the lodgings, the sheets, the blankets, and the rug, I left on the bed when I got up, and the woman I left in the bed. I went to my work as usual expecting to come home at night, but hearing of a place that would be rather more to my advantage, in the country, I went that afternoon and got it. I did not return again for about four months, and when I had been in London a little time, I was employed to carry a box of stone-masons tools to Wandsworth; I fell down and hurt my loins, which made me apply to St. James's workhouse for relief, and there I was when these people found me; as for the property I never moved a single article, nor had I the knowledge of their being moved.

NOT GUILTY .

Second Middlesex Jury, before Mr. Baron Thompson .

Reference Number: t18051030-6

662. HONORA DILLON was indicted for feloniously stealing on the 22d of September , a silk handkerchief, value 2 s. and a brass ring, value one halfpenny, and 20 s. in money , the property of Peter Jordan .

SARAH JORDAN sworn. - My husband's name is Peter Jordan , he keeps a public-house in Short's Gardens, Drury-lane ; the prisoner lived with me as a servant for four months, I missed a great many things during the time she lived with me; the first thing that I missed was a silk handkerchief and a brass ring. She had 1 l. 13 s. in her box, but I cannot swear to the money; the silk handkerchief and the ring I know to be mine.

Q. How came you to charge the prisoner with taking these things? - A. I missed the handkerchief about two months ago; I asked her about it then; I called her up and asked her about it, and she denied having any knowledge of it. The handkerchief my husband took off his neck on the Sunday morning, rolled it up in his working cloath, and put them altogether on the tester of the bedstead; I missed it the same day in about half an hour afterwards, when I was putting his working things to rights, (my husband is a packer) then I asked her about it, she denied it. I found it in her trunk.

Q. Had you ever searched her trunk before? - A. She opened her trunk at the time she came to fetch her things away; she quitted my service on Friday, and came on the Monday to take her things away; on Friday her master and she had a few words, so she went off on her own accord. When she first came to my service she demanded seventeen shillings to take her things out of pawn, which I gave her.

Q. Have you paid her any wages? - A. No.

Q. Were there any due? - A. I dare say there must be some trifle; I agreed with her for four pounds ten shillings a year; she lived with me about four months.

Q. When she came for her trunk what passed between her and you? - A. I told her that her master insisted on having her trunk searched; the trunk was locked; she said I might go up stairs with her and see what was in it; I went up with her, and in looking over the things in the trunk, I happened to see the silk handkerchief in an old piece of a stocking; I asked her if that was not my handkerchief; she said it was; I sent for a constable, and had her taken up; the constable searched her trunk, and found nothing else but a brass ring.

Q. Was there nothing said why she took it? - A. She said nothing more than that it was my handkerchief, and that she had taken it; and this brass ring, it is but a little circumstance, I do not know when I missed it; that is all that was found that I can swear to. This is the handkerchief, and this is the ring; there are two holes in the handkerchief, and it is very indifferently hemmed; a friend of mine hemmed it; I can swear to it. Directly after the handkerchief was found, I had her taken up on the Monday.

Prisoner. I did not think it was her handkerchief; I thought some of the people had dropped it, so I picked it up.

JOHN WYGATE sworn. - Q. You are a constable? - A. Yes; I searched the prisoner's box, and found the ring; that is all I know.

Q. Did you see any money there? - A. No.

Q. (To Prosecutrix.) What became of the money? - A. The prisoner took it away and gave it to an acquaintance of her's, who gave it to me.

MARY MACARTNEY sworn. - Q. Did you lodge with Mrs. Jordan at the time the prisoner lived there? - A. Yes; I was present at the time she searched the box; I observed when she looked in the box she found the handkerchief and the money.

Q. (To Prosecutrix.) According to your account I thought that you had not opened the box till the Monday; I find now that this Mary Macartney and you looked in the box before Monday? - A. In removing the things we found the trunk open, and we saw the handkerchief and the money in it.

Q. It seems you had been at this box before; when was it you first looked in this trunk? - A. On Sunday.

Q. Why did you not tell us so - where did you find her trunk? - A. In the garret; she attempted to lock the trunk, but it happened that the staple was not fastened in the lock.

Q. It was not locked then? - A. No; I left it then, and locked the room-door.

Q. You left it open? - A. Yes.

Q. Do you swear that you found it open? - A. Yes; she came in my place at night; I said, Nanny, your master insists upon having your trunk searched; if you have got any thing in your trunk, you had better give it to me.

Q. You did not tell us one word about this before; you left the money and the handkerchief in the trunk? - A. Yes, I did; on Sunday it was in the place where she left it; on Sunday night, when she found my back turned, she stole up stairs in the dark.

Q. Did you see her go up stairs? - A. No.

Q. Then who went up stairs, you cannot tell? - A. I found my door burst open.

Q. Did you, after you found your room door burst open, go and look in the trunk? - A. I did, and found the trunk locked, so as I had not left it. I took the trunk directly into my own room.

Q. Was the handkerchief that you charge her with taking, left in the trunk? - A. Yes. On the Monday morning she came and demanded the things; I happened to go up with her, and she opened her trunk, and in pulling her things about, this handkerchief was pulled out.

Q. When she came on the Sunday afternoon, after you had rumaged her trunk, and had seen the money and the handkerchief, how came you not to have her taken up then? - A. I would have taken her up, but she stole away from me when I was called away.

Q. Did you tell her that you had searched her trunk, and what you had seen in her trunk? - A. I did not, I told her her master would have her trunk searched.

Q. (To Macartney.) What time on Sunday afternoon was it, that you were along with Mrs. Jordan, and you searched the prisoner's trunk? - A. About two or three o'clock in the afternoon, I was helping her to lift the box up on the drawers; the lock burst open, Mrs. Jordan said here is Mary's box open, she said she had better look in it, for her husband had often told her he suspected her stealing his silk handkerchief; she looked in it, and found the money and the handkerchief.

Q. Did she take any thing out? - A. No, she put all back again.

Q. Were you there when that woman came again? - A. No.

Q. (To prosecutrix.) Is that woman here that gave you that money? - A. No.

Q. Were that money came from, you cannot tell? - A. I found it in her trunk, I cannot say it is my money, the woman that returned it to me, lives close to me, she told me she got it in her own place.

Q. How she came by it, you cannot tell? - A. I cannot tell of my own knowledge.

Prisoner's defence. She broke open my box before she had an officer; the money was mine that my husband left me; he went abroad.

NOT GUILTY .

First Middlesex Jury, before Mr. Baron Thompson .

Reference Number: t18051030-7

663. JOHN BROWN was indicted for feloniously stealing, on the 2d of September , ten stone seals, set in gold, value 20 s. and a pair of scissars , the property of his Grace the Duke of Portland .

Second Count. For like offence, only laying it to be the property of Lady Mary Bentinck .

(The case was stated by Mr. Gurney.)

WILLIAM LANE sworn. - Q. I believe you are groom of the chamber to his Grace the Duke of Portland, at his house at Bulstrode ? - A. Yes.

Q. On the morning of the 3d of September last, did you ascertain that his house had been robbed? - A. Yes.

Q. Did you, amongst other things on the morning of the 3d of September, miss ten stone seals, set in gold? - A. I did.

Q. Did you also miss a pair of scissars? - A. A pair of scissars and a gold thimble, I missed on the evening of the same day.

Q. Had you seen these seals the night before you missed them? - A. It was my duty to see that the things were safe, I put the things in their place; the seals were on the ink stand on the night of the

2d of September, and the scissars were in a work-box of Lady Mary Bentinck , with the gold thimble.

Q. Did you see that yourself? - A. No.

Court. Confine yourself to the seals.

Mr. Gurney. Q. On the morning of the third, did you find any appearance of any person having been in the house? - A. Nothing further, than I found some oil had been spilt in the gallery of the drawing room, in three different places.

Q. Could you ascertain by what means, whoever had been there, by what means they gained admission into the house? - A. No.

Q. You have, I believe, since seen these seals? - A. I have, they have been shewn to me.

Court. Q. You say you had seen the ten seals, on the evening of the 2d of September? - A. Yes, I had, they were on the ink-stand in the drawing-room at Bulstrode.

Mr. Gurney. Q. Do you know whose property these seals were? - A. This bunch of seals were the property of Lady Mary Bentinck .

JOHN GEORGE sworn. - Examined by Mr. Gurney.

Q. Are you a servant of the Duke of Portland? - A. I am.

Q. Do you remember any person coming to the house to ask charity the day before or the day but one before these seals were lost? - A. I do. It was either the day preceding the robbery, or the day before, I cannot tell which.

Mr. Gurney. I only prove the prisoner to be in that neighbourhood.

Q. Look at the prisoner at the bar, and tell me whether he was that person? - A. I cannot swear to him, there were two men came to the door on the 1st or 2d of September last.

Q. Whether you believe the prisoner to be one of these men? - A. I cannot say.

THOMAS FRENCH sworn. - Examined by Mr. Gurney. Q. Are you a pawnbroker? - A. I am, I live in Whitechapel. On the 9th of September, I received of the prisoner, four gold seals; he said his name was John Brown, and lived at No. 18; Bird-street, Wapping; he pawned them for 3 s. they are very small seals; I received a hand bill from Bow-street; in consequence of which, I went to Bow-street; I produce them.

BENJAMIN MATTHEWS sworn. - Examined by Mr. Gurney. Q. Are you a pawnbroker. - A. I am apprentice to Mr. Burton, No. 83, Whitechapel; I produce two seals; the prisoner at the bar pawned them with me on the 13th of September, for 2 s. in the name of John Brown, Bird-street, Wapping.

Q. Did he tell you how he came by them? - A. No.

Court. Q. Did you ask him? - A. I did not; they are small trinket seals.

THOMAS VOKES sworn. - Examined by Mr. Gurney. I am a servant of Mr. Barker, pawnbroker, in Houndsditch; I took in a seal on the 4th of of September.

Q. Can you say that the prisoner at the bar was the man that pawned it? - A. I cannot; I produce the seal, and the counterpart of the duplicate; I lent 2 s. 6 d. on it.

JOHN KILLINGWORTH sworn. - Examined by Mr. Gurney. Q. What are you? - A. I am servant to Mr. Matthews, pawnbroker, in the Minories; I received two seals in pawn, on the 11th of September of a young man; I cannot say the prisoner is the man; I lent upon them 3 s. I produce them.

JOHN GRIFFITHS sworn. - Examined by Mr. Gurney. Q. You are a police officer of Lambeth-street? - A. I am, I apprehended the prisoner at the bar, on Friday the 4th of October; I searched him, and I found on him a stone seal. I produce it.

Q. This is a stone seal without any setting, and the gold has been taken off from it? - A. Yes, and I found some duplicates on him; I produce them; the duplicate of the seal pawned for 2 s. 6 d. corresponds with the gold seal pawned at Barker's, dated September the 4th, in the name of John Brown; I found on him a pair of scissars; I found on him more duplicates and a dirty piece of paper, with the direction upon it, D. of Portland, Bulstrode; after I had searched him I asked him who he was and where he came from; he told me that he came from America, that he was a sailor, and arrived at Liverpool; he came from Liverpool through Birmingham and through Buckinghamshire on the 3d of September, and about seven miles on the Oxford road, from London, he had these seals of a man who gave him a guinea and a half and these seals for his watch, and the 3d of September he arrived in London.

Q. (To Lane.) Look at the stone seals which Griffiths took from his person without a setting - that seal has his Grace's arms upon it? - A. Yes.

Q. When it was stolen was it in its present state, or set in gold? - A. It was set in gold.

Q. Is that seal the property of the Duke of Portland? - A. It is.

Q. Look at all the other seals one by one-do you know them? - A. All the little seals are the Lady Mary Bentinck 's, and that with the Duke's arms is his Grace's; they were all on a ring on the ink-stand in the drawing-room.

Court. Q. What made you take so much notice? - A. It is my duty to take notice and put every thing to rights in the drawing-room; these gold seals laid on the ink-stand (shewing them); I will not say whether there might not be three or four of them on a ribbon; the Duke's seal was on his desk in his writing-room adjoining the drawing-room; I am sure they were there on the 2d of September.

Q. Had you taken notice enough of the devices of these seals? - A. Some months before I took an impression of them myself; some of them are defaced a little (the impressions of the seals shewn to the Court and the Jury with the seals, and on comparing them they corresponded.)

Prisoner's defence. On the last day of August I came from Liverpool; I got to Oxford on the 2d of September, and coming on the road from Oxford on the 3d, within seven or eight miles from London, I fell in with a person; I asked him to buy my watch; I asked him two guineas for it; he told me he could not give me two guineas, he would give me a guinea and a half and those ten seals; I parted with my watch for them, then I came to town and pledged them.

GUILTY aged 25.

Transported for seven years .

First Middlesex Jury, before Mr. Baron Thompson .

Reference Number: t18051030-8

664. JOSEPH SHIMELL and BENJAMIN HOUGHTON were indicted for feloniously stealing, on the 13th of October , 160 yards of diaper, value 12 l. 350 table-cloths, value 80 l. 92 pieces of cotton shawls, value 10 l. and 40 sheets of paper, value 1 s. the property of Alexander Sangster , and George Atkinson .

(The case was stated by Mr. Knapp.)

JOHN ARMSTRONG sworn. - Examined by Mr. Knapp. Q. You are one of the officers of Worship-street? - A. I am.

Q. On Sunday night, the 13th of October, were you in company with Mason and Bishop? - A. I was; we came through Red Lion-market into Whitecross-street, in the parish of St. Giles's, Cripplegate; I there observed a coach standing at the curb at the lower end of Whitecross-street, and the coachman , Houghton, standing by the hind wheel; I went up to the coachman; I said, coachee, have you brought a fare here? he said, yes; I asked him if he was waiting for them again; he said he was; at that instant, Moore, a patrol, called me by name, and then I opened the coach-door, and I saw the shawls laying on the bottom of the coach (witness turning the corner of the wrapper off from one side that contained the shawls), they were to be seen exactly in this manner; this parcel, which contains diaper, was in this bag, this was on the seat of the coach, and these other pieces of table-cloths were laying on the sides against the seat of the coach in the parcels, with the paper in which they are now, in this bag. I then, seeing the goods, shut the coach-door; I desired Houghton to go to the horses' heads and feed them, and I begged the patrol to cry the hour; I believe his name is Moore; I desired Bishop and Mason to stand aside at the bottom of an alley, and I put my great coat, which is a dark one, round me, and pulled my hat over my face, and I went backwards and forwards by the coach; in about three or four minutes I saw Shimel come out of the alley right towards the coach, and in a trifle of time he returned back; I followed him immediately and caught hold of him; he then said, Sir, I am going to make water; I believe those were the words; Moore, the patrol, said, that is the man I let out of the coach; I then turned him round, and on his sides, back, and shoulders, were marks of lint on his coat as if he had been carrying things of this kind; I then put him into the coach with Bishop the officer; the officers were there and saw the lint on his coat as well as I did; and I continued in the neighbourhood about ten minutes, and a number of people surrounded the coach; I found it would not be prudent to stay any longer; I made Mason ride at the top of the coach, and Bishop within, I walking by the side all the way; I conveyed the goods to the office, there I secured them, and I put Shimel into one watch-house and the coachman into another; then I got a man to drive the coach home to Portpool-lane. Houghton said, at the public-house, I believe it was, that he was taken from the stand in Newgate-street by a young man, who rode on the box with him, to take a fare out of Milk-street, from a warehouse over-right against a sugar baker's; the young man that rode upon the box informed him, that the goods he was to carry were to go on board some ship, or on board a ship; he never said positively Shimell was the man; he said at one time he thought Shimell was the man.

Q. Was Shimell present? - A. I believe he was.

Cross-examined by Mr. Gurney. Q. Was the coach standing at the bottom of the alley where you saw Shimell? - A. It was not.

Q. How far was it from the alley? - A. As far as it is from here to the end of the Court; there is a communication from that alley to Beech-street.

Mr. Curwood. Q. When you came up you found the coachman standing at the hind wheel of his coach? - A. Yes.

Q. On your saying to him, have you brought a fare here, he very readily told you he had, and that he was waiting for them to return again? - A. Yes, but he did not tell me of any goods in the coach when I was asking him.

Q. You did not ask him if there were any goods in the coach? - A. No.

Mr. Knapp. Q. When he saw you open the coach he did not say there was any thing inside of it? - A. No.

DAVID MOORE sworn. - Examined by Mr. Knapp. Q. You are a patrol? - A. Yes.

Q. On Sunday evening, the thirteenth of this month, were you in Whitecross-street? - A. Yes, I saw a hackney coach stop in Whitecross-street near to Beech-street, about a quarter before eight;

it stopped very near to one alley which is not a thoroughfare; the prisoner came out of an alley about thirty yards from where the coach stopped.

Q. How near did you get to the coach before any person came out of it? - A. I opened the coach-door, supposing it to be some of the inhabitants.

Q. Was there any lamp facing the coach-door? - A. Exactly facing the coach-door; two men got out of the coach and walked down Beech-street, and seeing a large bundle in the coach I had suspicion; I asked the coachman if they were the men that took him up; he said they took him to Milk-street; I related the circumstance to Mr. Armstrong when he came up, and I left the coach and went and cried the hour, and when I returned to Beech-street, Armstrong and the other officers had got the prisoner Shimell.

Q. Had you ever seen the prisoner Shimell that evening before? - A. I had let him out of the coach.

Q. Was Shimell present at the time Armstrong asked you any questions? - A. He was; I told Armstrong Shimell was one of the men that I had let out of the coach; he asked me what kind of a person the other man was; I told him he was shorter and stouter.

Q. Did you observe the appearance of Shimell's coat or any thing else? - A. I did not.

Cross-examined by Mr. Gurney. Q. The two persons that got out of the coach, whoever they were, did you see their persons after they got out of the coach? - A. I did.

Q. It was your seeing the parcels in the coach that gave you suspicion? - A. It was.

Q. Therefore at the time the two persons got out of the coach you had no suspicion then? - A. I always look when I come and open a coach-door, to see if they are any of the inhabitants: I know them all well; I have been in that neighbourhood a long time.

Q. When you were asked whether he was the person, then you had a suspicion that he was? - A. I had a suspicion before that.

Q. Your suspicions of his being that person were aided by his being in custody - you were not there at the time before to point him out to Armstrong? - A. I was not.

Q. You say the two persons went down Beech-street? - A. Yes.

Mr. Curwood. Q. When you went up to the coachman he told you he brought them from Milk-street? - A. Yes.

Q. When you asked the coachman if he had any thing in the coach he said he had? - A. I saw the parcels.

Mr. Knapp. Q. You observed the persons of the two men who came out of the coach? - A. Yes; they were entire strangers to me.

Q. But upon seeing the person of the prisoner Shimell again, had you any doubt that he was one of the persons that got out of the coach? - A. No, I had none.

MILES WHITELOCK sworn. - Examined by Mr. Knapp. Q. You are warehouseman to Messrs. Alexander Sangster and George Atkinson - they are warehousemen in Milk-street, Cheapside? - A. They are.

Q. Will you look at these goods now produced, and tell us whether you know them to be the property of Messrs. Sangster and Atkinson? - A. I believe the whole of them are; I am sure the diapers are, on the early part of the morning I saw them there.

Mr. Gurney. Q. Have they any other partners? - A. No.

- HURLOCK sworn. - Examined by Mr. Knapp. Q. You are the porter? - A. Yes: I locked up the warehouse on Saturday about four o'clock; I threw wrappers all over the goods, and put the key in the usual place.

Q. Look at these goods and tell us whether they were in the warehouse on Saturday? - A. Yes, they were.

Q. When did you first discover that the warehouse had been robbed? - A. On Monday afternoon about two o'clock; the wrappers were laying on the floor, and all the goods were missing.

Shimell's defence. I had been out on that evening where I had been accustomed so to do; I had a pint of porter at Mr. Thomas's, Aldersgate-street; I was going to see a friend in Banner-street; I came up Golden-lane and so round this alley into Whitecross-street; I was quite surprised seeing a a man suddenly lay hold of me; I never saw the man till he had me in his arms; he says he saw some lint on my back; he never looked at my back till after I got out of the coach.

Armstrong. I looked at him the moment I brought him to the coach-door; I turned him round to the officers.

Bishop. I stood at the hind part of the coach and he at the front when the prisoner was in custody; I fetched a light before he got into the coach, and Armstrong held him up and we both saw it.

Houghton's defence. On Sunday night, about half-past seven, I got upon the box; a young man came to me; I asked him if he wanted a coach; he said, yes, he had got some packs going to the East Indies; I asked him where I was to take up; he said in Milk-street; going down Milk-street he told me to stop, and he brought these two parcels in, he said there is only a small parcel coming next; he came in and another shortish person with him; I asked them where I was to go to; they told me to Whitecross-street, near Beech-street: when I arrived there, directly, before I got off the box,

the patrol opened the door and let them out; they went towards Beech-street; I said, it is very odd their going away, I have brought some goods out of Cheapside, and they have left the goods in the coach; Mr. Armstrong came and said, have you got any goods; I said, yes, and they have gone to the corner of Beech-lane, and gone away; after that Mr. Armstrong caught a young man and he asked the patrol if that was one of the men he let out of the coach; the patrol said it was.

Court. Q. Do you know the young man that fetched you? - A. I think this is the young man that fetched me; I told them I thought it was the young man by his voice.

Shimell called four witnesses, who gave him a good character.

Houghton called two witnesses who gave him a good character.

Court. I would have the coachman to be let off with an entire good character.

Shimell, GUILTY , aged 17,

Transported for seven years .

Houghton, NOT GUILTY .

Second Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18051030-9

665. JAMES MORRIS was indicted for returning from transportation before the expiration of the term of seven years, for which he was ordered to be transported .

EDWARD SMITH sworn. - I produce the certificate of the conviction of the prisoner; I got it from Mr. Shelton, I saw him sign it. (The certificate read in Court.)

"These are to certify, that at the general Session of the Peace, Oyer and Terminer, for the city of London, and also for the country of Middlesex, holden at Justice Hall, in the Old Bailey, in the parish of St. Sepulchre, in the city of London, in the aforesaid country, on Wednesday, the 17th of December, in the 40th year of His Majesty's reign, before His Majesty's Justices then present, James Morris , late of London, labourer, was tried for that he, on the 28th of August, in the 40th year aforesaid, with force and arms, four sheets, value 2 l. two towels, value 2 s. and two night-caps, value 1 s. feloniously did steal and carry away the goods and chattels of Samuel Freeman , in his dwelling-house; the said James Morris was tried by a Jury of his country, and was found guilty of stealing and carrying away to the value of 39 s. only, and was then and there by the Court ordered to be transported for the term of seven years, to such parts beyond the seas as His Majesty in Privy Council should think fit to order and appoint." - Signed, Thomas Shelton .

GEORGE READ sworn. - I know the person of the prisoner well; I only prove that he was delivered to me on board the hulks, at Woolwich, on the 8th of April, 1802; he remained with me till the 9th of July, 1804.

Q. How did he leave you? - A. He was set to labour, as other convicts were, in the Royal Arsenal at Woolwich, as a bricklayer's labourer (our convicts are employed there), he escaped by disguising himself as a bricklayer's labourer; he went on the 9th of July; I am sure I saw him there about seven in the morning at labour; he was missed on that day by not returning to dinner; from that time I had not seen him till I was sent for to identify his person at the Police Office, Whitechapel.

THOMAS GRIFFITHS sworn. - All that I can prove is, that I apprehended him in company with Nowland.

EDWARD SMITH sworn. - He told me his name was James Morris on October 5th, 1805; he was then in custody; he was challenged as to the fact and he did not deny it; I told him he was apprehended for returning from transportation before his time; he said it was a fact, he was tried and convicted at the Old Bailey Sessions about six years ago, and he was sent to Woolwich for seven years; about eighteen months ago he made his escape from Woolwich; he told me it was for a robbery at the Saracen's Head, Aldgate, for stealing some sheets, the property of Mr. Freeman, and the chambermaid prosecuted him. Mr. Freeman does keep the Saracen's Head now, and he has for many years.

Q. Is Mr. Freeman here? - A. No: If Mr. Kirby was here he could identify him.

Q. Is there any body here that can prove Freeman keeping the Saracen's Head at that time? - A. No.

Court. The evidence in this case is too defective. It is proved that this man was in the custody of persons at Woolwich as a convict, but as to the allegation that he was a person who was convicted on the robbery of Mr. Freeman, the evidence does not go to the length of that particular robbery; if Freeman had been here and proved that he had a house in St. Catherine's, and was robbed of sheets, that would have substantiated the fact, but for want of that it does not appear that he was the identical person that is contained in this certificate; and for want of specific evidence you must acquit him.

NOT GUILTY .

First Middlesex Jury, before Lord Ellenborough.

666. JAMES MORRIS was again put to the bar and was identified by Mr. Edward Kirby , to be the person that was tried and convicted for the aforesaid robbery, and had received the aforesaid sentence by order of the Court; the prisoner also averring to the Court that he was the very man, he was, by the Court, ordered to remain under his former sentence .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18051030-10

667. MATTHIAS SUDBURY was indicted for feloniously stealing, on the 8th of October, eight dozen and one pair of polished steel snuffers, value 10 l. and one dozen pair of iron snuffers, value 10 s. the property of William Simpson , in his dwelling-house .

WILLIAM SIMPSON sworn. - I am a japan manufacturer and warehouseman in Clerkenwell : the prisoner at the bar was my journeyman for about a year and a half: on Tuesday morning, the 8th of October, about nine o'clock, I received some information from my apprentice; I challenged Sudbury with having robbed me of some snuffers, and after some conversation with him he confessed it; he begged my pardon, and hoped I would forgive him; I told him I would not enter into any compromise with him, I would find out the extent of the robbery; he told me he had taken several parcels at different times, and had carried them to Mr. Milton's, Bridge-road, Lambeth; I took him a coach to Mr. Milton's.

Q. What quantity of snuffers did you find? - A. Eight dozen of polished steel and one dozen of iron snuffers; they are in the possession of the Police-officer; there are some in paper that has my private mark on them.

Cross-examined by Mr. Alley. Q. Did you tell him, if he would directly tell you the extent of the robbery, you would forgive him? - A. I did not.

GEORGE SELLS sworn. - Q. You are an apprentice to the last witness? - A. I am: On the morning of Tuesday, the 8th of October, about a quarter past seven, I thought I saw him have his hands upon my master's goods in the warehouse.

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

Q. Had he any business in that part of the premises? - A. No, none at all.

Q. Was that the place where the snuffers were kept? - A. Yes; he used to work in a place above that; he went from there to the stove-shop below to get his breakfast, I believe; I left him there below, and went and told my master.

- MILTON sworn. - Q. You keep a shop at Lambeth? - A. Yes, a sale-shop, I sell all sorts of goods.

Q. The prisoner brought some goods to your house at different times? - A. Yes, he did; he brought me the snuffers in question, he represented himself as a Birmingham dealer.

Q. Had you no suspicions of him at all? - A. No, I enquired of him his residence.

Q. On Tuesday morning he brought you some - how many? - A. Eight pair; I gave him eighteen-pence or two shillings a pair, according to the quality of them.

Court. There is an end of the capital part.

- WHITE sworn. - I am a constable, I produce the property. (The property identified by the prosecutor.)

The prisoner left his defence to his Counsel.

GUILTY, aged 34,

Of stealing to the value of 10 s.

The prosecutor recommended him to mercy, believing it to be his first offence.

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

First Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18051030-11

668. THOMAS WELLFORD was indicted for feloniously stealing, on the 7th of September , a pair of sheets, value 15 s. a counterpane, value 13 s. two pair of breeches, value 16 s. two cloth coats, value 25 s. two great coats, value 20 s. a waistcoat, value 10 s. and a pair of pantaloons, value 5 s. the property of Joseph Perry , in his dwelling-house .

JOSEPH PERRY sworn. - The prisoner at the bar is a journeyman shoemaker , he worked for me, and lodged with me; he left my house on the 3d or 4th of last September; I live in High-street, St. Mary-le-bone .

Q. Who was in the house at the time you left it? - A. My brother-in-law; I returned home on the 6th, and on the 7th I missed all the articles in the indictment.

Q. What is the worth of all the articles together? - A. They are worth more than ten pounds to me; I do not know what they are worth to sell.

Q. Where did you see them again? - A. I saw the sheets and the waistcoat in the possession of Elizabeth Healy ; the two coats and the corded breeches in the possession of Mr. Simons, and the counterpane in the possession of Mr. Newbury, a pawnbroker, in Oxford-street.

Cross-examined by Mr. Knapp. Q. Who is your partner? - A. I have no partner at all.

Q. How long had you been out of town? - A. I left town on the 16th of August; I had an indifferent state of health; I returned on the 7th of September.

Court. Q. I thought you said you returned on the 6th, and missed them on the 7th? - A. I returned on a Saturday.

Q. How these things were taken away you cannot pretend to say? - A. I cannot say.

GEORGE BRETTLE sworn. - Q. Do you know any thing about missing these things? - A. I did not miss them till my brother returned; on the 3d of September the prisoner at the bar left the house, I never saw him afterwards; I did not know he was going, there was a week's lodging due; I was along with my brother when the coat and breeches were found at Mr. Simons's.

Cross-examined by Mr. Knapp. Q. There was another person that was taken up on suspicion of this charge? - A. Yes.

Q. Was not there another person that absconded

along with Thomas Wellford ? - A. Yes, John Todd .

Q. He is run away? - A. Yes.

ELIZABETH HEALY sworn. - Q. Do you know the prisoner at the bar? - A. Yes.

Q. Do you remember his coming to you about the latter end of last month, and producing any thing? - A. Yes, about the latter end of August, or the beginning of September, he came and asked my husband to buy a duplicate of a sheet, a waistcoat, and counterpane, that he had in his possession; my husband asked me if we wanted any such thing; I gave him three shillings for the duplicate of the sheets, they were pledged for ten shillings at Mr. Rochford's in Jermyn-street; I took them out, I gave them up to Mr. Perry and the constable; I looked at the counterpane, but I did not take it out, I did not think it worth the money.

WILLIAM PETHERICK sworn. - I produce the property. (The property identified by the prosecutrix.)

Prisoner's defence. I found these duplicates.

RICHARD WELLFORD sworn. - Examined by Mr. Knapp. Q. You are brother to the prisoner? - A. Yes.

Q. Do you know any thing of your brother finding any duplicates? - A. Yes, a few days after the Duke of Gloucester's funeral he found them (in September) in High-street, Mary-le-bone, rolled up in a bit of paper.

Q. You saw him pick them up in the street? - A. Yes.

Court. Q. What did you advise him to do with it? - A. I gave him no advice what to do with it.

Q. Now, my lad, be upon your guard - were you with him at the time you say you saw him find these duplicates? - A. I was.

Q. What time in September? - A. I believe about the 4th or 5th, I do not know rightly what time it was.

Q. Do you know what he did with the duplicates? - A. No, I know nothing further.

Q. How far is this High-street from the place where he lodged? - A. He lodged in High-street.

Q. How far from the door where he lodged? - A. Not above thirty yards.

WILLIAM ROBERTS sworn. - Q. Do you know the prisoner at the bar? - A. I have seen him before.

Q. Did he pledge any thing with you? - A. I do not remember his pledging any one particular article.

Q. When do you recollect him at your shop before? - A. Two or three months before this counterpane was pledged; it was pledged in the name of John Williams , on the 2d of September, for James Payne ; I have no recollection of the person.

Q. This man has been in the habit of pledging things with you before - what name did he pledge in when he pledged with you before? - A. I do not know what name, it is sometime ago.

- SIMONS sworn. - The prisoner, in company with another person, came to me on the 2d or 3d of September, and offered two coats and a pair of breeches for sale; I bought them of him for one pound two shillings; they are here.

Mr. Knapp. Q. Who did you pay for them? - A. I cannot tell; he was by at the time of the sale, I produce them.

Prosecutor. They are all mine.

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

GUILTY, aged 21,

Of stealing to the value of 39 s.

Transported for seven years .

First Middlesex Jury, before Lord Ellenborough.

Reference Number: t18051030-12

669. MARIA RICHARDSON was indicted for feloniously stealing, on the 27th of September , three pair of black silk stockings, value 19 s. two pair of white silk stockings, value 14 s. a pair of cotton stockings, value 2 s. a pair of black silk gloves, value 7 s. two yards of muslin, value 4 s. a gown, value 4 s. a silk handkerchief, value 7 s. a quilt, value 2 s. a sheet, value 2 s. a silver wired funnel, value 2 s. a pair of spectacles, value 10 s. a coat, value 4 s. and a waistcoat, value 2 s. the property of Thomas Peter Romily ; five yards of gingham, value 20 s. five yards of shambra, value 15 s. two gowns, value 10 s. a black veil, value 1 s. 6 d. three yards of black lace, value 2 s. and two shifts, value 6 s. the property of Sarah Romily , in the dwelling-house of Peter Romily .

ELIZABETH FAWCETT sworn. - I have been a servant, but I keep gentlemen's houses lately; I was employed to keep Mr. Romily's house, No. 71, Warren-street, Fitzroy-square. I went there on the 1st of June; the family left town that morning at half past three o'clock; I staid till the family returned on the 27th of September, Mr. Romily's servant put the young woman at the bar into the house to take care of four canary birds that were left in the house; she came every morning after they were gone out of town, about seven or eight o'clock.

Q. Did you know her before? - A. I never saw her before; she was a stranger to me; she told me she came to look after Maria's birds; Maria Tatham had told me she was to come to attend the birds.

Q. Did she come every day till the family returned? - A. I had not seen her for about a month before they returned.

Q. Then you looked after the birds yourself? -

A. No; she took them away with her.

Q. Did you miss any thing belonging to you during the time the prisoner was coming to the house? - A. I missed the key out of my box in the kitchen for three weeks before I found it again, then I found it in one of the great drawers up stairs in Mr. Romily's daughter's room.

Q. Was it in the lock of the drawers, when you found it? - A. Yes.

Q. Would that key of your's unlock that drawer? - A. Yes; that one it would; I locked that drawer, and took it out; the prisoner was gone away that night; I went up stairs and found it; the next morning she came, and I said to her, how could you take my key, and open Mr. Romily's drawer, she said, she had never touched it, nor had she ever opened the drawer, she said the drawer was not locked.

Q. Can you tell whether the drawer was locked or not? - A. They were all locked, I had tried them by the handles.

Q. Had any body tried them after the prisoner came to the birds? - A. I always tried them when I swept the room.

Q. Was there any thing in the drawer when you took the key out? - A. Nothing of any consequence. Mrs. Thomas, an aunt of the young ladies, came the next day, and she tried the key, and it would not unlock the other drawers. It opened only that one drawer in the chest of drawers.

MARIA TATHAM sworn. - Q. You are a servant to Mr. Romily? - A. Yes, I went with him out of town on the 1st of June.

Q. Did you know the prisoner at that time.

Q. Yes, I had known her about four months; I asked her if she would come and look after the birds; I was afraid to leave them in the care of this old lady; she agreed to do it, and I left her money to buy them food.

Q. Do you know whether any wearing apparel was put in the chest of drawers in the ladies room? - A. Yes, there was in Miss Romily's room, the drawers were locked, and the keys of all the drawers were locked up in a closet; Mr. Romily's cloaths were in a book-case in his own bed room. I saw the property afterwards, at Bow-street, excepting the stockings, they were never found.

Q. Do you know what parish Mr. Romily's house is in? - A. In the parish of St. Pancras; they have made a mistake in the indictment.

Q. Do you know how that mistake happened? - A. The clerk did it.

WILLIAM BLACKMAN sworn. - I am a constable of the Public-office, at Bow-street; I apprehended the prisoner on the 27th of September; I went to her apartments, she was not at home; I told the landlady I wanted to see Maria Richardson ; she sent for her, when she came, she opened the parlour door; I told her I had got a search warrant to search her premises; she judged what I had come for; she called me out of that parlour, because her landlady was there, into the next parlour, and told me not to tell her landlady; I asked her for the keys of her drawers; she went into her room and opened the drawers; I found the duplicates consisting of that property; she told me were they were; these duplicates led me to Mr. Wadmore's, pawnbroker, No. 109, Tottenham-court-road; I found a pair of spectacles, at No. 34, Holborn; the pawnbroker gave them up; I found them in consequence of this duplicate; a silk gown I found at Mr. Harrison's, Tottenham-court-road, and a table cloth from High Holborn; all the other things were found at Mr. Wadmore's; I have had the care of the spectacles ever since; and Maria Tatham has had the care of the other things.

Q. How many duplicates were there altogether? - A. Sixty-one or sixty-two, here is about seventeen of them relating to this property, and thirteen duplicates of Mr. Wadmore's.

- WADMORE sworn. - I live with my brother. he is a pawnbroker.

Q. What do you say, respecting the things that Blackman found? - A. The prisoner pledged them at different times, in the name of Ann Davis ; they are in different bundles. I produce them; here is one shirt, two petticoats, two shifts, two gowns, a veil, two gown pieces and a petticoat; these articles were pledged by the prisoner, at Mr. Wadmore's to the best of my knowledge.

(The property identified by Maria Tatham .)

Prisoner's defence. The key that woman swore to, was positively burned in the fire in a bit of paper, I threw it in the fire myself, not knowing it was in; I did not mention it the next day, because I was afraid.

Court. The capital part is taken off; the house is described in the indictment, to be in the parish of St. Mary-le-bone; when in fact, it is in the parish of St. Pancras, and there are more reasons than one to take it away.

GUILTY, aged 21,

Of stealing to the value of 39 s.

Transported for seven years .

First Middlesex Jury, before Mr. Baron Thompson .

Reference Number: t18051030-13

670. CHARLES HOLMES was indicted for feloniously stealing on the 10th of October , six pieces of foreign coin, called dollars, value 24 s. the property of Stephen Adams .

STEPHEN ADAMS sworn. - I am a working silversmith , No. 3, St. Ann's-lane, Aldersgate ; on the 10th of October, about eight in the evening, having missed dollars out of my box before, I weighed some more and deposited them in the box; the prisoner was my errand boy; about nine o'clock, after this lad had taken up this box into my bed chamber, I went and examined the box, I found it deficient of six dollars; I challenged the lad with it, he denied it; I had a constable in my house, I desired him to search him, the dollars were not found upon him; after some conversation between the constable and myself with the boy, he told the constable

he would shew him where he put them, he took him up to the three pair of stairs into the workshop; he took the dollars from the dirt, the sweepings of the shop; he likewise shewed the constable where the two keys where that unlocked the box, and locked it again. I then gave the constable charge of him; he was taken to the Compter.

Q. Were they the same dollars you had marked? - A. Yes.

Q. How long had he been with you? - A. Two years.

Q. How had he behaved himself? - A. He had behaved himself well all that time.

Q. Had he any relations? - A. He had only a mother; I had him from a person who said he was a very good lad.

JOHN OSBORNE sworn. - I am a constable: I work for Mr. Adams. On the 10th of October Mr. Adams called me out of the shop into the accompting-house, about nine o'clock in the evening.

Q. You took charge of the prisoner? - A. Yes; I searched him and found no property about him except a shilling; Mr. Adams was very positive in his mind that he had robbed him; after some conversation with him for about ten minutes, he confessed; he said he would go up stairs and shew me where the dollars were; directly he got up stairs he put his hand and took out six dollars from the unburnt dirt lying there, and put them into my hand; and then, at a yard's distance, he took out two keys from the further end of the dirt.

Q. Did he say what these keys were for? - A. No; they were keys of the box where the dollars were in.

Q. (To Prosecutor.) Look at these dollars? - A. There are six; they are all of them marked S. A. I am sure they are the dollars that I lost.

Prisoner's defence. I beg Mr. Adams's pardon.

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

GUILTY, aged 18.

The Jury and the prosecutor recommended him to mercy, on account of his youth, and believing it to be his first offence .

Whipped in gaol , and discharged.

London Jury, before Mr. Recorder.

Reference Number: t18051030-14

671. MARY HOLTON was indicted for feloniously stealing, on the 24th of September , a fur tippet, value 2 l. 2 s. the property of Charles Hintsch .

CHARLES HINTSCH sworn. - I live in Fetter-lane ; I am a furrier : The prisoner worked for me three weeks and a half; soon after she came to me she brought a written direction, that she lived in White-hart-yard, and said it was her sister's hand-writing; she was very particular in explaining to me that it was not White-horse-yard, in the same street; since that I have found out it was a false direction. In the course of the first week she was with me I missed a great many tippets; I did not know how they went; one morning, the week following, she took a tippet out of the first floor, when she went down stairs to get her water, and took the tippet up stairs with her; I missed the tippet.

Q. Did you immediately follow her? - A. No; about one o'clock in the day I sent for an officer; it was found upon her; she had tied the tippet under her cloaths; I saw her untie it, and she laid it on a chair.

ELIZABETH MORBRAY sworn. - Q. How old are you? - A. I am fifteen; I live in Mr. Hintsch's house; I saw her put her hands through her pocket-hole and untie the tippet.

THOMAS FLETCHER sworn. - I am an officer: When I went into the house the woman was sitting in a chair; they told me the prisoner at the bar had taken a tippet from under her cloaths and had laid it on a chair; I asked the prosecutor whether it was his tippet; he said he would swear to it by the private mark. I produce the tippet.

Q. (To Elizabeth Morbray .) Is that the tippet that you saw the woman untie from under her petticoats? - A. Yes.

Prosecutor. I know it to be mine; there is my private mark on it.

Prisoner's defence. I was in great distress and poverty, with three small children, which induced me to do so rash an act, and my husband having been sick for eight months; it is the first time that my character was ever impeached, and from my extreme poverty in the world compelled me to do this, through my dear unfortunate babes; thus I leave my situation to the mercy of my prosecutor, and the humanity of a British Jury; if my witnesses are not in Court it is owing to their not being subpoenaed at Hick's Hall; and if I should find lenity, my future life shall be dedicated to the strictest of principles; I was given to understand by one of my witnesses, that my prosecutor offered to settle my prosecution for ten pounds, which I trust the Jury will take into consideration, as it was out of my power to comply with it.

GUILTY , aged 40.

Transported for seven years .

London Jury, before Mr. Recorder.

Reference Number: t18051030-15

672. JAMES GARDNER was indicted for feloniously stealing, on the 5th of October , a seal, value 1 s. a glass bottle, value 1 s. 6 d. a Bank-note, value 2 l. and nineteen Bank-notes, value 1 l. each , the property of John Gleed , Esq.

JOHN GLEED , ESQ. sworn. - I live at No. 1, Temple-cloisters : On the 5th of October I returned to London from the country, about the hour of three in the day; I came to the Temple in a hackney-coach; I had my portable writing-desk with me, which I have now in my hand, containing papers, Bank-notes to the amount of twenty-one

pounds, a seal, and a glass bottle; I carried the box myself to the chambers; I had also with me two bags containing cloaths; I carried my desk in my own hand to my chambers, and I delivered my bags to a porter to carry; I certainly had the appearance of a person just returned from a long journey; I put my desk and my bags in my chambers, and there I left them, and went myself to Mr. Bolland's chambers; we returned to the Cloisters in about three quarters of an hour, Mr. Bolland and myself, on purpose to return into the City; I went up stairs, leaving Mr. Bolland at the bottom of the stair-case; I put the key into the key-hole, and the key immediately turned round; it made no resistance to the key; I pushed the door open, and I found the lock lying on the ground; I went across my anti-room into the room where I had deposited the desk and two bags, and I found upon the ground this desk lying open; the contents of the bags were upon different chairs; I have two rooms, one on the right hand and one on the left; I turned very short round to the room on my left hand; immediately as I turned the door opened, and a man ran across the anti-room; I observed particularly the colour of his coat; I followed him quickly, and cried out stop thief! stop him! I ran down stairs quickly, and when I found my friend Mr. Bolland in pursuit of him, I ran up stairs again, for the purpose of seeing if any other person was there, or any property gone; I found no person there, but I found my Bank-notes that I had left in this part of the desk, a seal, and a glass bottle, were all gone; all the drawers in the second room were open; nothing gone but what I have mentioned; there was nothing in the drawers to take out; the contents of the bags I have mentioned were laying on the chairs; Mr. Bolland very soon returned, and in consequence of some information I received I went round immediately into Garden-court, leaving a person at the same time in possession of my chambers; I went into Garden-court with intent to look into different stair-cases; I ran up one stair-case very quickly, and down again, and when I came down I observed a person as if he came from the watermens' stairs; he had no hat or coat on, but something under his arm contained in a silk handkerchief, he was walking along very leisurely, and to me he had the appearance of a waterman, I thought at first he was a waterman; I immediately went up to him and said, have you seen a man in a brown coat; he said, no; I said, where did you come from; he said from the water; I said, you are the very man I want, I have had my chambers robbed and you must assist me to find the thief; the man said he could not stop; directly he said he could not stop, I said, if you cannot stay with me, I must go with you, for I shall not part with you; I then asked him very sharply, where do you live; I am not certain whether he said Essex-street or Exeter-street. As the man did not seem to be inclined to stay with me, I went with him; we went through Garden-court, and met no one, up the steps, through Fountain-court, then into New-court; as soon as we came out at the gate I observed him not going to Essex-street, where I thought he said he was going; he turned short round to go to Devereaux-court. As soon as I discovered that, I said, where did you say you lived; he said, Exeter-street; I thought then I would not let him go any further; I said, you had better come back with me, if you do not I shall take you into custody; I placed myself immediately before him, and to a gentleman who was passing by I said, Sir, I have had my chambers robbed, I do not say that this is the man that robbed me; the gentleman caught hold of the man and I slipped the parcel from under his arm; I moved aside the silk handkerchief, and as soon as I observed the colour of the coat, I said, I will take this man into custody; the man expressed an anxiety to have his hat (the bundle contained a coat and a hat); I said, Sir, there is no sort of objection to that; another person came up; I did not then search the hat, upon that there is another witness; we turned round and came through the Temple; we met my friend Mr. Bolland; I said, call a coach; I took the prisoner with me and Mr. Bolland also, and we went together to Bow-street, the Magistrate was not sitting at Bow-street at that time; the person who picked up the hat brought it with him, his name is Jackson; I took the coat, and Jackson who picked up the hat, as I had desired him, brought it with him to Bow-street; Jackson, soon after we had turned round the corner of Devereaux-court, said, here, Sir, are your notes, and delivered them to me.

Cross-examined by Mr. Gurney. Q. Was that in the prisoner's hearing? - A. It was; he delivered to me the notes, which I immediately put into my pocket; the notes which I had left in my desk amounted to 21 l.; when the prisoner was taken to the Brown Bear , I called Baker, the officer, who searched him; I gave to Baker the coat which I had taken from under the arm of the prisoner; from the pocket of that coat a seal and a bottle was produced that belonged to me; there were also two or three pieces of folded paper; when the prisoner saw me opening the paper he said, you need not give yourself any trouble, for they are only receipts; on the paper was written the name of James Gardner , which is the name of the prisoner at the bar; the pieces of paper with the name of James Gardiner were in the same coat in which I found my seal and bottle; the seal and bottle I can identify.

Q. What was the amount of the notes found? A. Twenty-one pounds in the desk, and the notes delivered to me amounted to twenty-one pounds.

- BOLLAND, Esq. sworn. - Mr. Gleed came to my chambers in October, as he has stated; after remaining there three quarters of an hour, I accompanied him to the bottom of his stair-case; I had remained there near a minute, when I heard a cry of stop him; I thought it was some joke of the workmen that were working on the staircase, as I knew there were workmen there; a man passed me with his coat and hat on, and in his right hand he held a chissel.

Q. Do you know that man? - A. I think I have but little doubt of the person of the prisoner; I am as certain as I can be of the fact from the observation of his running down the stairs and passing me, and in the pursuit I had after him; when he came down the stairs I stood, then, rather out of his reach; I could have sprung upon him, but thinking it was a joke I thought it would be useless to throw the man down, and if it was serious I did not like the chissel; when I found two persons following of him, and that it was serious, I followed him, and in Pump-court I should have caught him, but he doubled as he went down, by which means he threw me out; I was obliged to see which turning he went as there were three; he turned the right hand turning through into Middle Temple-lane, he having then the start of me about twenty yards, having still the chissel in his hand; he ran up the Middle Temple hall stair-case; I remained there some time; I did not see him return: I put some people to watch him and I went and met Mr. Gleed with the prisoner; I then thought he was the man that I had seen come down the stairs. There was a chissel found in his bag, that is not the chissel he had in his hand, the chissel found being a small chissel.

Cross-examined by Mr. Gurney. Q. The prisoner did not brandish the chissel at you, nor attempt to do you any harm? - A. No; whether he be or not be the man he was as quiet as a child.

- JACKSON sworn. - On the 5th of October I was walking in the Middle Temple hall; a man went past me; I heard the cry of stop thief; Mr. Bolland came into the Middle Temple, and I lost sight of him; from there I walked up Devereaux-court, there I saw the prisoner and Mr. Gleed; I went up to them; Mr. Gleed said, you are the man that robbed my chambers, you must go with me; I turned round and saw the hat lay, I picked it up, I put my hand into the crown of it and took out the Bank-notes.

Q. Which Bank-notes you gave to Mr. Gleed? - A. Yes; and then we went to Bow-street.

JOSEPH BAKER sworn. - I am an officer.

Q. The coat was put into your hands at the Brown Bear - what did you find in the pockets? - A. I found a smelling-bottle and a seal, which I now produce, and two pieces of paper receipts.

Mr. Gleed. There is nothing particular on the seal; I had a seal of this impression, of this shape, and form.

Q. What impression is it? - A. A figure, with a dot; it may be Diana; I have no doubt but that it is my seal, I purchased it at Stafford last circuit; I am more positive with respect to the bottle, it is rather singular in its form, the top of it, instead of being perfectly strait, is rather bent on one side.

Prisoner's defence. I was moving at the time; I was going to my brother to get a cart and horse; I had crossed the water, and going up Temple-lane I picked up the bundle; I was going through Temple-lane when Mr. Gleed stopped me; I knew nothing whatever what the coat contained.

Q. How do you account for the hat? - A. I had never opened the bundle, at the time I picked it up it was laying in the first turning from the waterside; I had no coat nor hat on.

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

GUILTY , aged 30.

Transported for seven years .

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18051030-16

673. MOSES JOSEPH and JOEL JOSEPH were indicted for feloniously making an assault upon Juan Baptista Elizalda , on the 15th of September , putting him in fear, and feloniously taking from his person, a silver tortoisshell watch, value 5 l. and a hat, value 5 s. his property.

JUAN BAPTISTA ELIZALDA sworn. - (The witness being a foreigner, was examined through the medium of an interpreter. Q. What has he to say about his property? - A. One night, about a month and a half ago, a little more or less, at the time he arrived here from Bengal, he was sitting on a bench by a door, he does not know the name of the street as he was never here before, it was opposite to a gentlewoman's house who is here, he knows her face, but he does not know her name.

Court. Call Mrs. Macklewell. (Prosecutor pointing to her.) He says that is the woman.

To Mrs. Macklewell. Q. Where do you live? - A. I live in Nightingale-lane.

Interpreter. The prosecutor says, he was sitting at the door; there came two men or more, he cannot rightly tell the number, one came on each side and gave him a blow on the back part of his head, and knocked his hat off on the ground; Moses Joseph took his watch, and Joel Joseph knocked his hat off; when his hat was knocked off he fell down; he felt his watch taken from him; the blow on the head and taking his watch were done at once; when he got up a little boy was before him, and he thinking that he was one of them he laid hold of him and took his hat off, thinking it to be his own.

Q. Is he sure that the man that he has pointed

out (Moses) is the man that took the watch? - A. Yes.

Q. What sort of a watch was it? - A. A silver tortoishell watch.

Q. Whether the blow did not confound him? - A. It did not confound him at all.

Q. Both these men at the bar went off? - A. Yes: those are the two men (pointing to the prisoners at the bar), they went off directly.

Q. Did he ever see them before? - A. Never saw them before; it was the first day he was in London.

Q. Was he sober at the time? - A. He had drank a little but he was of found judgment.

Q. Had he not had some women with him before? - A. There was a woman sitting by him before.

Q. Is he sure that he had his hat and his watch when that woman left him? - A. Yes; it was half after seven when that woman went away from him.

Q. When did this happen? - A. It had struck eight o'clock.

Cross-examined by Mr. Knapp. Q. How long time were the men with him? - A. Their taking his watch and all did not take more than a minute.

Q. Therefore he had only the opportunity of observing their persons for a minute - what had he been drinking of? - A. Two or three pots of beer in the course of the day; he was sensible in his person he was not drunk at all.

Q. Ask him if he has always been as sure of the persons of the prisoners as he is now? - A. Yes.

Q. Then he said before the Justice that Moses Joseph took the watch - does he mean to swear that now? - A. He did not know the names, but that person that he pointed to at the Justice's took his watch; he now says that is Moses Joseph , and he said so at the Justice's.

Court. In the deposition he said that Moses Joseph took his watch, and he thought he knocked his hat off; now he says, Joel Joseph knocked his hat off.

Mr. Knapp. Q. Whether he has ever recovered his watch? - A. Never.

Q. What sort of a night was it? - A. Dark, and not moon-light.

Q. Did he ever make any charge against any other person of having robbed him, or being concerned with those that did? - A. There were more than two others that were with them at the time he was robbed; he could not see the faces of the others, so he could not charge them.

Q. Whether he did not charge the boy? - A. He took the hat from the boy thinking it was his own hat; he thought the boy belonged to the prisoners.

Q. If ever he heard of a reward upon conviction of a highway robbery? - A. He does not know any thing about it.

Q. What day of the week does he mean to swear that he was robbed? - A. Sunday night.

Q. Did he always swear that it was on a Sunday night, or did he not swear that it was on a Monday? - A. He always swore that it was Sunday night.

Court. Q. When did he see these men first again after he was robbed? - A. At the Justice's, about a week and a half afterwards; there were two men besides them at the Justice's; the Justice told him to look round to see if he could find the men, and he pointed them out.

Q. Ask him if there was any person by at the time of the robbery, who saw the men as well as he? - A. No, there was nobody.

Joel Joseph . I wish that man to look at me, and to say whether I was one of the persons? - A. He is sure of his person.

Court. Q. Tell him to point out Joel Joseph to me, and ask him if he recollects his person? - A. He says he thinks that Joel Joseph is the person that knocked off his hat, and the other man took the watch.

Q. Whether he can speak with positive certainty to the persons of the men, considering how dark it was at that time of the night? - A. He is positive to both of them.

Moses Joseph 's defence. I know no more about it than a child unborn.

Joel Joseph left his defence to his Counsel.

- MACKLEWELL sworn. - I live in Nightingale-lane; I remember seeing that foreigner on the night of the robbery in the middle of Nightingale-lane, between the hours of eight and nine o'clock; he was drunk, he had been with the girls.

Q. Do you mean girls of the town? - A. Yes.

Q. Was he noisy or not? - A. Very troublesome all through the neighbourhood.

Q. Did he make any charge of any body robbing him? - A. Before he did, the prisoners came to my little boy, and took the hat off his head, and said the thieves had robbed him of his watch and hat; my little boy and I were standing at the door together.

Q. What did he say to your boy? - A. He said he was one of the people that took his watch.

Q. Was the little boy put in charge of a constable? - A. No; I got the hat away when he found it would not fit him; I had seen him drunk different days; this was a very dark night, and he called out, thieves; then he flew to my child.

Cross-examined by Mr. Knapp. Q. You are sure that you saw him there several days? - A. Yes.

Court. Q. He has said he came when the Bengal

fleet came in - had you seen him there several days before? - A. Yes.

Q. (To the Interpreter.) Ask the prosecutor how many days he had been in town before he had his watch and hat taken? - A. He says that Sunday was the first day he ever had been in town.

Q. (To Macklewell.) Are you sure that you had seen this individual person several days before that day? - A. Yes, and several of the neighbours; this is the very man; the neighbours are working folks, and he disturbed them for a number of days.

Q. (To the Interpreter.) Ask the prosecutor where he came from last before he came to town? - A. He came in the Lord Nelson Indiaman from Bengal, he was discharged from the ship on Sunday; he first came on shore at Gravesend on Saturday night, he supped at Gravesend, and on the next day, Sunday, he came up to London, and lodged at Mr. Poltry's, who could prove when he came.

Q. Is he here? - A. No.

Q. (To Macklewell.) Do you take upon you to say that this man had been in the neighbourhood before? - A. I can safely say so; it was on Monday night the affair happened, I had just left my work, and my boy came to the door; this man pledged his watch two or three days before in the neighbourhood.

Q. How do you know that? - A. Because a person told me so at the London Dock.

- NOWLAND sworn. - I am an officer: On the 27th of September, I went along with the prosecutor and the interpreter to Mrs. Macklewell's house; on the 25th, I believe, the prisoners were apprehended.

Q. Had you any reason to know how long this man had been on shore? - A. No; I asked Mrs. Macklewell if she knew of a foreigner having been robbed at her door; she said she saw him surrounded by four or five chaps, and one she knew, he squinted; they ran away, and the squint-eyed one was the last that staid by him; Smith stood by, and Cadouza's nephew.

Q. Did she say whether she saw any thing taken from him? - A. No; she said he made a great noise, and they ran away, and he snatched hold of her boy, and took his hat off his head.

JOHN SMITH sworn. - Q. What did you hear Mrs. Macklewell say? - A. I heard her say, the squint-eyed one, Moses, was up and down the lane, and there were four or five about him.

- CADOUZA sworn. - I heard Mrs. Macklewell say she saw people about him, and that the squinting-eyed one, Moses, was the last about him.

Q. Did she then represent herself as being present at the time when that which has been represented as a robbery took place? - A. Yes.

Q. (To Macklewell.) You have heard what these three witnesses have said - do you take upon you to contradict what they have said, and to state that you never mentioned of your having seen them about him? - A. Not to my recollection.

Q. Not to your recollection - this is a circumstance that you cannot be ignorant of - upon your peril state that you never held any such conversation? - A. I do not know that I did, I might say many things in my fright; a squint-eyed man, it is impossible that I could see in the road.

Q. Did you say so? - A. Not to my knowledge, I do not know that ever I did.

Moses Joseph called one witness to his character.

Both NOT GUILTY .

Second Middlesex Jury, before Lord Ellenborough.

Reference Number: t18051030-17

674. JAMES BROWN was indicted for feloniously stealing, on the 28th of June , four boxes filled with nails, value 10 s. forty feet of rope, value 5 s. a copper glue-pot, value 5 s. a copper tea-kettle, value 5 s. an iron pitch-pot, value 3 s. a nest of large shelves, value 7 s. a fire-screen, value 2 s. a hatchet, value 1 s. and five pounds one shilling in monies numbered , the property of Charles Colwell .

It appearing from the evidence of the prosecutor that he had purchased, on the 28th of June, a quantity of articles of the prisoner for 15 l. 1 s. and after bringing them home in two cart loads, he missed the articles in the indictment which he had purchased, together with the rest of the things, and which were included in the list which the prisoner had given him when he gave him the key of the premises from where they were to be removed. On the Monday following the prosecutor, in consequence of some information, went to the house of one Styles, who keeps a coal-shed in Green-street, where he found the nest of shelves and the fire-screen, and also received information from a person, who saw the prisoner carry the other things away.

The Court were of opinion that it ought to be the subject of a civil action, as nothing of a criminal charge could affect the prisoner; he was therefore

ACQUITTED .

Second Middlesex Jury, before Mr. Baron Thompson.

Reference Number: t18051030-18

675. JOHN TAYLOR was indicted for burglariously breaking and entering the dwelling-house of Richard Biggs , about the hour of twelve, on the 22d of June , with intent to steal, and burglariously stealing therein nine sacks, value 1 l. 16 s. and forty-five bushels of flour, value 45 l. the property of the said Richard Biggs .

RICHARD BIGGS sworn. - Q. Where do you live? - A. At Hillingdon , I am a miller ; I lost nine sacks of flour; they were taken from my mill.

Q. How is your mill situated? - A. It is a water-mill, and under the same roof with my dwelling-house,

but there is no communication to it but by the roof.

Q. How far is it from the door of your dwelling-house? - A. Not two yards.

Q. Then if you want to go to the mill you must go out at the door? - A. Yes.

Q. Is the same roof level all the way along? - A. No, the mill rather rises; I missed my sacks and my flour on the 23d of June, 1800, about five o'clock in the morning.

Q. How many sacks did you miss? - A. Nine sacks, they were filled with flour.

Q. What were the sacks worth? - A. About four shillings, there were five bushels of flour in each sack.

Q. What was the flour worth? - A. Five pounds a sack.

Q. When had you seen them before? - A. My servant had seen them on the Saturday night, I cannot say whether I did or no; I found them on the Sunday week following through information at the house of the prisoner.

Q. Was the prisoner at home at the time? - A. I believe he was, but he absconded when the constable entered the house.

Q. Have you any reason to charge the prisoner as to what time they were taken? - A. No; the flour was in my care, though absolutely not my property, previous to the 21st of June.

JOHN GREEN sworn. - Q. You are servant to Mr. Biggs? - A. Yes; I am a miller; the flour was in the mill on Saturday evening, I missed it on the Monday morning a little after five o'clock.

JOHN ASHTON sworn. - I am a flour-dresser; I work for Mr. Biggs, I know nothing further than John Green; we both saw it on Saturday night, and when we both went on Monday morning we missed it; we knew the sacks when they were brought home.

THOMAS HAINES sworn. - I was constable at the time this happened; I searched Taylor's house on the Sunday following after it was lost; when we went in at the fore-door, he ran out at the backdoor; we did not hear of him till Old Michaelmas-day last, he was taken at Uxbridge.

Q. What did you find? - A. Nine sacks of flour up in his bed-room, and five bushels in each sack.

Q. What was the prisoner? - A. A labouring man; the headborough took the sacks back to the mill; his name is John Matthews , he saw them marked.

CHARLES MURRAY sworn. - I am constable of Uxbridge; I apprehended the prisoner; I brought him from on board the tender; I asked how he came to take so much flour, he said, he owed so much money, and he intended to live upon the flour till he had paid his debts.

Q. (To Biggs.) Who brought the sacks and the flour to you? - A. It was brought in my own team; I saw the flour at the house, and Haines went with with me; I knew the sacks, and I can swear that they were the same sacks that were taken from my premises.

Q. You will not swear to the flour? - A. No.

Q. Did you measure any part of the flour afterwards, to see whether they had the same quantity? - A. Yes, one of them was short.

Prisoner's defence. I was going to labour, I saw these sacks; they were not in the mill; they were in a boat, lodged against the pails of the wooden bridge; I looked round to see if I could see any body that belonged to them; I stood there about ten minutes; I did not see any body; I took and put them in the house; I thought no harm in it.

GUILTY, aged 45.

Of stealing only .

Transported for seven years .

Second Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18051030-19

676. MICHAEL MYERS was indicted for burglariously breaking and entering the dwelling-house of James Shonebridge , about the hour of twelve at night, on the 18th of September , with intent to steal, and burglariously stealing three hats, value 3 l. 3 s. the property of the said James Shonebridge .

JAMES SHONEBRIDGE sworn. - I am a hatter ; I live in Old Bond-street ; on the 18th of September, my house was robbed, which I perceived on going into my shop, which was entirely stripped of them; I suppose about four or five dozen of patent silk hats.

Q. On the night of the 18th of September had you left it all fastened up? - A. The doors were all locked; the painters had been to work the day before, and had left the windows of the first-floor a little open; I think, they might have got in at the window, without any force.

Q. You do not know what time the property was taken? - A. They were taken from the time of shutting up at night, and opening on the morning; we shut up at ten, and open at eight; on the 20th, three hats were brought to me, by John Hornby , a constable, who had apprehended a Jew that bought them.

Q. These hats that had been shewn to you, you recognized as your own property? - A. Yes; I had seen them in the shop on the 17th, the day before I lost them.

JOHN HORNBY sworn. - I produce the hats.

Q. (To prosecutor.) Look at these three hats? - A. They are all silk hats; my name is in them, and there is also a private mark; I know they are mine, I saw them in the shop particularly, and I am certain that these hats were never sold.

SARAH REEVES sworn. - Q. Do you know the prisoner at the bar? - A. Yes.

Q. Did he apply to you at any time to dispose of these hats? - A. Yes; I lived in the lower room in the same house as the prisoner; he asked me if I knew any body that would buy those three hats.

Q. He shewed you then those three hats? - A. He did.

Q. Did you see enough of them at that time to know they were silk hats? - A. No; he shewed me three hats, I told him that I did not know of any one that would buy them, without it was some Jew or old cloaths people; he asked me if I would sell them to an old cloaths person; because he said he being a Jew, he did not like to sell them to his own people. I applied to the first that came by, his name is David Otolongue , I sold them to him for 13 s. the prisoner told me to ask 28 s. he said he should lose money by them.

Q. How came you to sell them for 13 s.? - A. I went up stairs to him, and he told me to call the man back; he said he had some money to make up, and he wanted money to go a dealing again.

Q. You told him that the price that was bid was 13 s. instead of 28 s. and he told you to sell them, to make up some money to go a dealing again? - A. Yes.

Cross-examined by Mr. Curwood. Q. When was this conversation? - A. On the Friday morning.

Q. What Friday? - A. I do not know the day of the month; it was the day the prisoner was taken.

Q. What are you? - A. I work at the army work, making soldiers cloaths.

Q. You have been here before? - A. No never in my life.

Q. What did you do with the money you got for those hats? - A. I gave it to the prisoner, it was half a guinea and 2 s. 6 d. in silver, as he laid in bed.

Q. Have you never told any body that you did not give the money to the prisoner, that you spent it in beef and ham? - A. I never told any body so.

DAVID OTOLONGUE sworn. - I bought these three hats of Sarah Reeves myself; she asked me 20 s. for them, I bid her 13 s. she said they did not belong to her, she went up stairs, and when she came down, I gave her 13 s. for them; I was stopped in the street by Hornby; he took the hats from me (looking at the hats) these are the same hats I bought of the girl.

Q. (To Hornby.) Did you meet this man? - A. A man of the name of Newland, that lives in St. Giles's came to me, and desired me to follow him, and see what he had in his bag, I searched the Jew's bag; I found these three hats.

Prisoner's defence. I do not know any thing about them; I never saw the hats nor the woman.

Court. The capital part must be thrown out of of the way; the goods were left so as any person might have got in without any breaking, nor does it appear how long before the time of opening of the shop it had been committed.

GUILTY, aged 28.

Of stealing only .

Transported for seven years .

Second Middlesex Jury, before Lord Ellenborough.

Reference Number: t18051030-20

677. JOHN PERCIVAL was indicted for feloniously stealing, on the 10th of October , a coat, value 10 s. a pair of shoes, value 2 s. a pair of breeches, value 5 s. and a hat, value 4 s. the property of James Seymour .

JAMES SEYMOUR sworn. - I live with my mother Ann Seymour , the prisoner lived in the same house with me; he is a fellow apprentice of mine.

Q. Did you miss any cloaths at any time? - A. On Tuesday the 8th of October, I missed a pair of shoes from under my bed at night, when I was going to bed, being dark, I did not then suppose them to be out of the room. On the next morning when I went up to my room, I found my box open, I felt in my pocket for the key, and that was gone also. I missed out of the box a blue coat, a hat, and a pair of breeches; the prisoner was at that time getting up.

Q. Did you say any thing to him about it? - A. No, upon missing them, I applied to a constable, and told my mother of it; this was between eight and nine o'clock; the prisoner was then gone. I did not see him from that time till I saw him at the Office at Queen square.

ANN SEYMOUR sworn. - On the Saturday following, about ten o'clock, I was going through the park, I met the prisoner at the bar; I asked him how he could be so cruel and wicked to take the things, and use me and my son so; he gave me the duplicates.

Q. How many duplicates did he give you? - A. Two for the coat and shoes.

CHARLES SMITH sworn. - I produce a coat, pawned by the prisoner for 10 s. on Thursday the 10th of October; I am shopman to Henry Wright .

GEORGE STOKES sworn. - I am shopman to a pawnbroker; I produce a pair of shoes, pawned by the prisoner at the bar, on the 9th of October, for 2 s. 6 d. (The property identified by the prosecutor.)

JAMES GOODENOUGH sworn. - I am constable of St. John's; I took the prisoner on the 11th of October, I found 2 s. 6 d. and some halfpence, and two duplicates on him; at his lodgings, I found ten other duplicates; he informed me, that he had swapped the hat away with a Jew, for the one he had on, and the waistcoats and the breeches he had sold.

Prisoner's defence. My master's wages would not support me.

GUILTY , aged 18.

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

Second Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18051030-21

678. SAMUEL ROGERS was indicted for feloniously stealing, on the 7th of October , one hundred feet of crown glass squares, value 3 l. and a deal box, value 6 d. the property of Brown Young .

Second Count. For like offence, only laying it to be the property of Brown Young , and Robert-Lake Young .

BROWN YOUNG sworn. - On Monday the 7th of October, very late in the evening, two officers of Worship-street office called at my house and said, they had taken a man with a box of glass, and describing the box.

JOHN BOTT sworn. - I am a patrol belonging to Worship-street: On Monday, October the 7th about eight o'clock in the evening, I was coming through Motley-court, Shoreditch, I saw the prisoner carrying a box; I asked him what he was carrying of, he told me it was glass; I asked him where he was going to take it; he told me to a glazier just by, but he could not tell me his name; I asked him if he had got a bill of parcels of it, he gave me a piece of paper. (The paper handed to the Court.)

Court. This is no bill of parcels.

Bott. I then told him I was an officer, and I would give him no farther trouble than my duty required, I would go with him to where he was going to take it; I went with him to a glazier's shop in Phipp-street; I knocked at the door and asked if any glass was coming to that place, he said that is not the house.

Q. Did he stop at that door? - A. Yes; he then said it is further on; I went with him to the corner of Willow-street, where there is a glazier's shop; there is a public-house at the corner, says he, let us go into this house; I said, no, let us go to this glazier's shop. I went first and knocked at the door, a woman came out, I asked for the glazier if he was at home; she said, no, he was over the way at the public-house; I asked her if she knew of any glass coming, the prisoner was close by at the time; she said, no, but she would fetch her husband; she fetched him; I asked him if he was the person belonging to the shop, and if he expected any glass, and whether he knew any thing of this? he said, yes, and says to the prisoner, they are 9-8ths, John, are not they? the prisoner replied, no, they are 12-8ths. The prisoner said, the glazier's name was Pool; I then said to Pool, I suppose you have a bill of parcels of them; Pool made reply, I know nothing at all about him. The prisoner seemed much confused, I then told him I was an officer, and he should go before a Magistrate, and give a better account of himself; the prisoner then turned round in the most violent manner; I was dragged and kicked by the legs, after I had took hold of him by the collar, he got away from me, by leaving this piece of his jacket in my hand; this is the piece of his velveteen jacket (shewing it); I took the box to the office, and Poole along with me; he was examined; this is the box I took from the prisoner, it has been opened, it contains glass.

JOHN ARMSTRONG sworn. - On Monday the 7th of October, I and Kennedy were going home, we took the prisoner by the description we had received from Bott a few minutes before.

Q. Had he his jacket tore when you took him? - A. He had another velveteen jacket on then; I met him and two more men in Shoreditch, about half after ten at night, or a quarter to eleven; I had passed him, and we returned, and he and two men were standing by the side of a door, and one had knocked; I said, it is late, my friends, what do you do here? he said he had come for a pair of breeches; I said is this a tailor's? he said, yes. I said, I must know what you are; one man said, tell who you are, you are a glass-man, and live with a man in the city; I had seen the glass, and had been with Messrs. Young; I said there has been a robbery, or a felony, I shall take you; then Kennedy and I secured him, and took him to the office.

Q. Had you any difficulty in taking him? - A. There was some little resistance, two men being with him, and we resisted with the party, but we did take him.

ROBERT-LAKE YOUNG sworn. - Q. This man lived with you and your partner, Mr. Brown Young ? - A. Yes, he had lived with us about six months.

Q. When did you hear of the prisoner being stopped? - A. About nine o'clock in the evening on the 7th of October; the next morning I looked over our stock, and missed a box.

Q. Look at that box, is that your property? - A. I have no doubt of it; we lost glass of this description, the box has our mark on it, and that is the sort of glass we had in the box.

Cross-examined by Mr. Knapp. - Q. The mark is not put on by yourself? - A. It is not.

Court. Q. The box has that mark put on to convey the glass to you from Newcastle? - A. Yes.

Mr. Knapp. Q. Do you sell your crown glass in boxes? - A. No.

Q. Supposing you have a country correspondent, after you have opened them, do you send them in boxes? - A. Yes; and they are all marked with the same initials; we found we missed this quantity.

Q. You say he lived with you six months; during the time he lived with you, did he maintain a good character? - A. A very good character; we always had the highest opinion of him.

Court. Q. You entrusted him with the key of

the warehouse? - A. Yes; we missed only this box.

- POOLE sworn. - Q. Had you agreed with this man for the purchase of this glass, or was he to bring you any glass? - A. No.

Q. The glass that was brought to your house was without any authority from you? - A. Entirely.

Q. You never bought of him before? - A. Never.

Prisoner's defence. I never had the box in my possession at all; it was my master's groom that had it.

Court. Q. You heard this man say he saw you with it? - A. He said wrong; I never had it in my arms, or on my shoulders; I had never any thing at all to do with it.

Mr. Knapp. Q. (To Bott). Are you quite sure that the prisoner had the box with him? - A. I am quite sure the prisoner had the box on his arm; he had another man with him; I took it from the prisoner myself, he had it in his possession when I took him, after that he shifted it, and the other man carried it.

Q. (To Poole). Who had the box when you came to your door? - A. I saw two men stand at my shop door with this said box; this gentleman and the prisoner; the prisoner and Bott were the only two men that were with the box.

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

GUILTY , aged 26.

Transported for seven years .

Second Middlesex Jury, before Lord Ellenborough.

Reference Number: t18051030-22

679. WILLIAM BOLD was indicted for feloniously stealing, on the 14th of October , twenty-five steel counter-sinks and cutters, value 50 s. fourteen steel broaches, value 56 s. twenty-seven steel arbers and drills, value 27 s. four steel taps, value 30 s. forty-seven steel taps, value 2 l. 7 s. a sliding cuniper, value 10 s. an olimandel, value 10 s. two finished gun screws, value 7 s. and three ram rods, value 7 s. 6 d. the property of John Manton .

JOHN MANTON sworn. - Q. You are a gun-maker ? - A. Yes, in Dover-street : The prisoner at the bar worked at gun barrels for me; I think I had employed him for about seven years.

Q. When was it that you missed any thing from your premises? - A. I missed several articles for about these nine months, they were mostly working tools.

Q. Did the prisoner work for you down to the time he was apprehended? - A. He had been absent for about a fortnight; I had lent him half a guinea to buy his children somewhat, and he had never come afterwards.

Q. You did not know that he was going to quit your service? - A. No.

Q. Where was it that he lived? - A. At Mr. Rust's, in King-street, in the Haymarket: On Monday the 14th, in consequence of information I went to Rust's house; we went into the prisoner's room in consequence of what he told me about the prisoner working at home, we found a great many articles.

Q. Was the prisoner there? - A. No, the prisoner had absconded, and the children were out at nurse.

Q. Did you find things there which you knew to be your property? - A. Yes. Some of the things were in a table drawer, and some on the table, and there were several articles we found in different parts of the room, they were put in this box; I knew them to be mine; the box was locked, and I had the key of it; the box was deposited with Mr. Coe, a working sadler, who worked for Mr. Gibson, in Coventry-street; it was sealed in the presence of Rust, after it was taken from Coe, it was taken to Marlborough-street Office; it was opened there, and the officer Warren took it in his possession at the Office.

Q. It was in the same state when produced at the Office, as when it was delivered to Coe, sealed and locked? - A. It was.

JOHN WARREN sworn. - That box was delivered to your care at the Public office? - A. Yes; it is in the same state now as then; it has been in my custody ever since.

SAMUEL RUST sworn. - I live in King-street, in the Hay-market. The prisoner lodged at the top back-room in my house.

Q. Was that the room that you had shewn Mr. Manton? - A. Yes; he had lived with me about three months; he occasionally worked at home on Sundays.

Q. What sort of work did he seem to be employed in? - A. He used to melt something in a ladle on the fire; he left my house about the 12th of October.

Q. Did you know of his going? - A. I did not.

Q. You were present, when Mr. Manton found the several articles contained in that box? - A. I was, I saw them put in the box. The reason I suspected he would not come home as usual, I found the key in the lock, and I missed the sheets off the bed, I looked round and saw a great many tools about the room; I knew where he worked; I went to Mr. Manton.

Q. Had you any suspicion of the tools, before he went away? - A. No. I never saw but few tools before.

JOHN ASHTON sworn. - I am clerk to Mr. Manton; I know the prisoner as working with Mr. Manton; I was present when the room was searched, and these are the articles that were found in the room.

Mr. Manton.) I divide these things as they are stated, first the steel counter sinks, I know them because they are made in my own premises; I have a particular machinery for making my barrels

which cost me upwards of a thousand pounds. These are steel taps and screws that belong to a machine; they have been taken out to repair.

Q. A person without a machine could not make any use of them? - A. They could be made taps to make screws of for other purposes.

Q. There are no marks on any of these things? - A. I have seen them often enough to know that they are mine; these steel broaches I missed, I can speak positively to them; this is a mander, it was made to finish the collar of a machine; this the prisoner made himself for me, I have a thing at home that it fits; I know all the things perfectly to be mine; this is a patent gun broach, nobody in the trade has them.

Q. Did you entrust the prisoner with these tools to work at home at all or out of your premises? - A. Never, they were tools that were very expensive, and that he could not work at home with, except he cobled up for the trade, which I expected; we cannot swear to ram-rods, they are so much alike; all the others I can speak to, I have not the least doubt they are mine; I paid him two guineas a week when he worked; I had lent him five guineas to bury his wife; he now owes me above thirty pounds which I lent him in different distresses.

Prisoner's defence. The time I was at work, I had 14 s. a week to pay out of my wages, I was out of work at this time, I could not work for the pain of my arm that I hurt in the machine, I made the mander.

Prosecutor. I bought several tools of him when he came to work for me, and part of these tools were stole by a fellow that worked with me before; the mander he helped me to hunt for some months before; I have lost two guns that I found out since.

GUILTY , aged 33.

Transported for seven years .

Second Middlesex Jury, before Mr. Baron Thompson .

Reference Number: t18051030-23

680. GEORGE NEWMAN was indicted for feloniously stealing, on the 4th of September , a gold watch, value 10 l. the property of John Rivett , Esq.

(The case was stated by Mr. Knapp.)

SARAH MANNING sworn. - Examined by Mr. Knapp.

Q. You are a servant to Lord Eldon, at present, it appears that at the time this watch was lost, you lived with Mrs. Rivett, at Brandiston-hall, in Suffolk? - A. Yes.

Q. Do you remember attending to your mistress's directions in packing up a watch, and sending it to Mr. Allen? - A. I do, it was a gold watch, I sewed it up in a piece of cloth, and delivered it to Burrows.

Q. You had seen the watch often, I take it for granted? - A. Yes, as near as I can recollect it is two or three years back.

- BURROWS sworn. - Examined by Mr. Knapp. Q. You are butler to Mr. Rivett, living at Brandiston-hall, in the county of Suffolk? - A. Yes.

Q. Do you remember receiving of the last witness, a watch of your mistress's? - A. I do; I think it was two or three years back, I cannot speak to the time exactly; I packed it up in a little square box; Mrs. Rivett directed the box; it was directed to Mr. Allen, a watch-maker in London; I delivered it to the by-post, from there to be carried to Wickham-market, and from there to go by the coach.

THOMAS WOODYER sworn. - Examined by Mr. Knapp. Q. You live at Wickham-market, you book parcels for the Yarmouth coach? - A. Yes.

Q. Have you got your book here? - A. Yes.

Q. Turn to the entry of a watch, read it? - A. September 3, 1802, one parcel, Mr. Allen, 119, New Bond-street, by mail.

Q. That is by the Yarmouth mail? - A. Yes, I recollect it, being a small parcel done up with brown paper.

Q. Was there any other parcel that you received so dated, that you received directions in that way? - A. None at all.

Q. (To Burrows.) Was the parcel done up in brown paper, when you delivered it? - A. It was done up in brown cartridge paper over the box.

Q. (To Woodyer.) What did you do with it, when you so received it? - A. I booked it, and gave it to the guard, his name is Gunton; I told him to take care of this, as I judged it to be a parcel of a watch; I knew the hand writing well.

DENNIS GUNTON sworn. - Examined by Mr. Knapp. Q. Were you guard of the Yarmouth coach in 1802? - A. Yes.

Q. Do you recollect receiving from the last witness a parcel, directed to Mr. Allen in London, at Wickham-market? - A. I do; I put it in the nearside pocket, because I thought it was the safest place; Mr. Woodyer said it was a parcel of some value.

Q. Therefore you put it in the near-pocket inside of the coach - did that parcel come up to London with you? - A. It did, to the Golden Cross, Charing-cross; when I came to the inn, I took it into the office; I laid it at the right hand of the counter, next the bills, in the usual place for things of value.

Q. Who assisted you in unloading the coach that night? - A. The watchman, Richard Day .

Q. Do you know the prisoner? - A. Yes, he was our horse-keeper.

Q. Do you ever recollect the prisoner coming into the warehouse? - A. I do not know that he ever did, he might or he might not.

Q. Do you mean to swear whether he did or did not? - A. I cannot positively say that he ever did.

Q. Is the prisoner blind? - A. In one eye.

Prisoner. I have lost the sight of the other eye in the House of Correction.

RICHARD DAY sworn. - Examined by Mr. Knapp. Q. You are the watchman to take care of the inn-yard of the Golden Cross, Charing-cross? - A. Yes.

Q. Were you watchman in 1802? - A. Yes, I remember the coach coming in.

Q. Was the prisoner employed at times in helping to unload the coach? - A. His place was to mind the horses; sometimes he might take a trunk or so when they came in late, it was not his business; he assisted to move the heavy things; our regular way is, when coaches come in of a night, to lay the parcels on the counter, and the way-bill with them; we do not know what is missing till the book-keeper comes in the morning.

Prisoner. Q. Mr. Day knows very well that every horse-keeper that comes in the yard has no time to touch a parcel; he takes his horses off as quick as possible out of the way for other coaches to come in? - A. I had the care of this office, it is my place to see that nobody comes in at improper hours; I do not recollect this parcel coming in; sometimes we have two or three parcels on the bill, and they are left in the country through neglect of the people in the country.

JOHN COXEN sworn. - Examined by Mr. Knapp. Q. What are you? - A. I am messenger of Mary-le-bone parish-school.

Q. Do you know the prisoner? - A. Yes, very well; I have known him about thirty years.

Q. Do you remember his applying to you at any time, and when, to pay a debt that he owed you? - A. It was only a trifle of money he owed me; I did not mind it, he spoke to me about it.

Court. Q. What money did he owe you? - A. Not above seven shillings; I met him by accident in the street; we went in, and had a pint of beer together, and he, after we had drank a pint of beer, said, he was going down to Horn-fair; I said, George, very like you may want a little money; I gave him five shillings then; he gave me this duplicate; he said he wished I would take this watch out of pawn, and if I liked, to dispose of it.

Mr. Knapp. Q. Did he tell you where to go with it? - A. No; the duplicate had Lightfoot on it; I went to Mr. Lightfoot's, the corner of Bulstrode-street, on the 22d of September, and took the watch out; I think it was then, but I have been in prison ever since; I have lost my senses almost; I paid 1 l. 14 s. 8 d. to the pawnbroker's, I took the watch to Mr. Allen's and offered to sell it; Mr. Caithness stopped the watch; I told him I had it from Newman, I told him the truth, and I went my way; he sent the runners after me. I have been in the House of Correction ever since upon bread and water - a very comfortable thing, Gentlemen; I thought Newman was an honest man, and I think he is now.

Prisoner. I certainly gave him the duplicate, I found the watch in the park, I told him so, I gave him no liberty to take it out.

THOMAS CAITHNESS sworn. - Q. You are a watch-maker, in partnership with Mr. Allen, in New Bond-street? - A. Yes.

Q. Tell me in the first place whether you know Mrs. Rivett, of Brandiston-hall? - A. Perfectly well.

Q. Did you make a gold watch for Mrs. Rivett? - A. My partner did, just at the time I was entering into partnership; it was sold on the 11th of August, 1796.

Q. When did you see that watch again after Mrs. Rivett had it - Do you remember Coxen, the last witness, bringing it to you? - A. I happened to be out of town, my young man took the number of it; when I came home I immediately knew it to be Mrs. Rivett's watch; Coxen coming by the door we called him in, we took the watch from him, we delivered the watch to Trott.

JONATHAN TROTT sworn. - Examined by Mr. Knapp. Q. You are an officer to Hatton-street office? - A. Yes; I produce the watch.

Q. (To Mr. Caithness.) Look at that watch - is that the watch you made for Mrs. Rivett, and the watch that you delivered to Trott? - A. I have not the least doubt whatever.

Q. (To Mrs. Manning.) Look at that watch, and tell us whether that is Mrs. Rivett's watch? - A. It is very much like it.

- LIGHTFOOT sworn. - Examined by Mr. Knapp. Q. Do you remember Newman pawning a watch with you? - A. I believe Newman pawned it on the 22d of February last, it was redeemed by Coxen on the 22d of August last; I have not the least doubt of it being the watch.

Q. (To Mrs. Manning.) Look at that watch - is that the watch that you packed up? - A. I believe it to be the watch that I packed up, I cannot swear to it, it is very much like it.

Q. (To Mr. Caithness.) What was the cost of it? - A. Twenty-four pounds.

Court. (To Lightfoot.) Q. How came you to take in such a watch of that man? - A. I lent but a guinea and a half upon it, he wanted no more; the man did not make the appearance then that he does now; I have clothes in pledge for a guinea of his.

Prisoner. I wish to ask Mr. Lightfoot if he can swear that I was the person who pawned it.

Court. He says that he believes that you are the man who pawned it.

Prisoner. Believing and swearing are two things.

Mr. Knapp. (To Trott.) Q. What did he say to you? - A. He confessed to me that he was the man that pledged the watch, that he found it in the

park, and he told my brother officers two different stories about it.

Prisoner's defence. I found it upon a bench in the park on the 12th of January last, on one of the two-armed seats in the middle alley.

NOT GUILTY .

Second Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18051030-24

681. WILLIAM LEWIS was indicted for feloniously stealing, on the 6th of October , one bushel of pears, value 3 s. the property of Thomas Murthewaite , Esq.

(The case was stated by Mr. Gleed.)

STEPHEN WHEATLEY sworn. - Examined by Mr. Gleed. I am an ostler; I was standing at my master's door, and saw the tree shake; I went and found the prisoner in the tree; there was a bag at the bottom of the tree, which contained pears; this man was in the tree, he had not taken any thing away; I called out, and he was taken.

Court. Gentlemen, in this case, you must find the prisoner not guilty: a felony may be committed by stealing pears, supposing the man who had separated them from the tree, after having separated them, had gone away with them, or removed them from the place; but this is merely a civil injury, and a subject of action for a trespass; it would have been otherwise if the owner had put them in a basket, and he had stolen them away; or if the man in two distinct acts, first of all separating them from the tree, had put them in a basket, and at another distinct time had come and stole them away, it would then have been a felony; but in this case it is one continued act, in which case it is a trespass, for which he is liable to an action civilly, but not criminally.

NOT GUILTY .

Second Middlesex Jury, before Lord Ellenborough.

Reference Number: t18051030-25

682. RICHARD WALKER and THOMAS CHESTER were indicted for feloniously receiving, on the first of July , eighty-three gold watch-seals, value 50 l. twenty-four gold watch-keys, value 8 l. twenty-four finger-rings, value 7 l. 180 gold brooches, value 28 l. twenty-eight combs, value 4 l. seventy-two silver thimbles, value 2 l. twenty silver toothpick-cases, value 2 l. six silver nutmeg-graters, value 3 l. twelve silver patch-boxes, value 6 l. and thirty-four silver hair-brooches, value 20 l. the property of Thomas and Edward Pemberton .

(The indictment was read by Mr. Alley, and the case was stated by Mr. Gurney)

- HUMPHRIES sworn. - Examined by Mr. Alley. I have the copy of conviction from the record of the town-clerk of Oxford.

Q. Who was it signed by? - A. I have compared it; it is correct; the original is signed by William- Ellis Thomas , the clerk of the peace of the town.

Q. Did you examine it yourself, Mr. Humphries? - A. I did; I examined it very carefully with the original record; I read it up and down to see that it was correct. (The record read in Court.)

"City of Oxford, in the County of Oxford: Be it remembered, that at the General Quarter Sessions of our Lord the King, and Gaol Delivery of Oxford, held at the Guildhall of the said City, on Monday-week after the Feast of St. Michael. in the forty-fifth year of His present Majesty's reign, before His Majesty's Justices then present, William Dobbs , of the parish of St. Mary Magdalen, in the City of Oxford, labourer, on the 5th of May, in the year aforesaid, eighty-three gold watch-seals, value 50 l. twenty-four gold watch-keys, value 8 l. twenty-four finger-rings, value 7 l. 180 gold brooches, value 28 l. twenty-eight combs, value 4 l. seventy-two silver thimbles, value 2 l. twenty silver toothpick cases, value 2 l. six silver nutmeg-graters, value 3 l. twelve silver patch-boxes, value 6 l. and thirty-four silver hair-brooches, value 20 l. the goods and chattels of Thomas and Edward Pemberton , feloniously did steal and carry away, and the Jurors say, that the said William Dobbs was found guilty of the felony aforesaid; whereupon he was ordered and adjudged by the Court, to be transported to parts beyond the seas for the term of seven years."

WILLIAM LEE sworn. - Examined by Mr. Alley. Q. What are you? - A. I am clerk to Messrs. Pemberton and Co.

Q. Repeat the names of the present firm. - A. Thomas and Edward Pemberton , that is the present firm; they are jewellers, and live at Birmingham.

Q. Do you recollect packing up a parcel at their house? - A. Yes, on the 5th of last May I packed up the parcel to send by the mail-coach to London; it contained a quantity of jewellery, gold watch-seals, gold watch-keys, finger-rings, brooches, silver mounted combs, silver thimbles, silver toothpick-cases, silver patch-boxes, silver nutmeg-graters, and silver hair ornaments to the amount of 157 l. I sent it by our porter; it was directed to Mr. Edwin Pemberton , at our warehouse, Little Britain.

Court. Q. How was the parcel packed up? - A. It was first wrapped in a sheet of gold paper, after that in a coarse thick pasteboard, and brown paper.

Mr. Knapp. Q. There are no other partners? - A. No.

EDWARD DUKES sworn. - Examined by Mr. Gurney. Q. Are you a servant to Messrs. Pemberton's at Birmingham? - A. I am.

Q. On the 5th or 6th of May last did you

carry a parcel from that house to the mail-coach office? - A. I delivered it to Samuel Johnson , the book-keeper.

Q. The same parcel that you received from the last witness, Mr. Lee, did you take it by his directions? - A. Yes; it was directed to Mr. Edwin Pemberton , No. 16, Little Britain, carriage paid.

- JEFFRIES sworn. - Examined by Mr. Gurney. I am book-keeper to the Bull-and-Mouth inn, London; I produce the way-bill which I received with the Shrewsbury and Birmingham mail which arrived in town on the 6th of May.

Q. Do you find any parcel in the way-bill directed to Mr. Pemberton? - A. Yes; it was directed to Mr. Pemberton, No. 16, Little Britain.

Q. Did that parcel come by the coach? - A. No, it did not; I marked the way-bill that that parcel was not come; we searched the coach and could not find it.

Cross-examined by Mr. Knapp. Q. The bookkeeper of Shrewsbury or Birmingham is not here? - A. No.

Q. That paper was delivered by the coachman to you - that coachman is not here? - A. No.

Q. Nor the person that made out the waybill at Shrewsbury or Birmingham is not here? - A. No.

JAMES SERJEANT sworn. - Examined by Mr. Alley. Q. What are you? - A. I live at home with my father.

Q. Do you remember in the month of May last, Dobbs coming to your father's house? - A. Yes, about six months ago, I believe; he brought a bundle with him tied up in a handkerchief.

Q. Do you know what became of that Dobbs? - A. No, I do not.

Q. Were not you at Dobbs's trial at the Sessions? - A. Yes; he was tried.

Q. Was that the same Dobbs that brought the bundle? - A. Yes, he was coachman to the Shrewsbury and Birmingham mail.

Court. Q. He was convicted, was he? - A. Yes.

Mr. Alley. Q. What became of the parcel he brought to you at your father's house? - A. He ordered me to take it to Mrs. Wakelin's.

Q. Is that Mrs. Wakelin wife of the witness we are going to call? - A. Yes.

Q. What became of her you do not know? - A. No.

Q. Did you ever carry any more parcels for Dobbs? - A. I did not.

ANN FORSTER sworn - Examined by Mr. Gurney. Q. In the month of May last did you live with your mother in the house of Christopher Wakelin ? - A. Yes.

Q. What was Wakelin at that time? - A. A guard of a coach, a supernumerary guard; they lived in Glocester-lane, in Oxford, near the City Gaol.

Q. Do you know James Serjeant , the lad that has been examined just now? - A. Yes.

Q. Do you remember, in the month of May last, his bringing any thing to Mrs. Wakelin's house? - A. Yes; he brought a bundle tied up in a handkerchief, and he gave it to Mrs. Wakelin; I saw Mrs. Wakelin open it; it contained white thimbles like silver, and some seals; I did not see all the things; she tied up the parcel and took it up stairs.

CHRISTOPHER WAKELIN sworn. - Examined by Mr. Alley. Q. What way of life have you been in? - A. A mail-coach extra guard; I lived at Oxford; I was guard from Oxford to Birmingham.

Q. Is this the parcel that was brought to your house? - A. Yes; there were combs, brooches, and thimbles.

Q. What sort of thimbles? - A. Apparently to me they were silver.

Q. Dobbs was the coachman who was tried and convicted at Oxford? - A. Yes.

Q. Had you any conversation with Dobbs about it? - A. I told him to take the things away because I thought he had not come honestly by them.

Q. Did you afterwards, by the desire of Dobbs, take these things to any body in London? - A. I brought these things to London, in consequence of a direction that I received from Dobbs, to one Walker.

Q. Where did Walker live? - A. On Snow-hill; he is a barber.

Q. Did you bring them all? - A. No, a part first, and afterwards I brought the remainder.

Q. When you saw Walker, recollect, if you can, what passed between you? - A. There was not much passed between him and me; I was shaved at his house; I shewed him the brooches and the combs that I brought; there was a man or two in the shop; I asked him if he would buy them, he looked at them. and he and I bargained for them.

Q. Do you recollect what quantity you brought with you at that time? - A. Two dozen of combs, and twenty-eight brooches; they appeared to me to be silver.

Q. Did you make any agreement? - A. Yes; they were sold to him for 4 l. 16 s. and 4 l. I received of him.

Q. Had you been acquainted with him previous to this time? - A. I had been shaved at his house; I was no particular acquaintance of his.

Q. Did the prisoner know what situation of life you were in; had he any reason to suppose you were a dealer in these articles? - A. No; he knew

I was a mail-coach guard; I had been there in my mail-coach waistcoat, and I believe this coat.

Q. Now, then, the second time you came to him, tell me what the bargain was for - what did you produce then? - A. Three dozen and a half of watch-seals; they appeared to me to be gold, but whether they were or not, I did not know; and five dozen and a half of thimbles, or six dozen; he purchased them from me, he said he would give me 18 l. with the other articles.

Q. Did you sell the seals as gold or brass? - A. I did not sell them to him either as gold or brass; there were ten rings and some breast-brooches, I cannot say how many; the rings and brooches were what they call jeweller's gold; a dozen patch-boxes, silver, I believe, six silver nutmeg-graters, four of them larger than ordinary, and two a size or two less, and six silver toothpick-cases.

Q. What did he give you for all these goods? - A. Chester said they were paltry goods, and Walker said, 18 l. was the most he could give; he gave me 13 l. in part of the 18 l. I never had the rest.

Q. You said something about a man of the name of Chester - look round and tell me which is Chester? - A. That is Chester (pointing to him); Chester was in company with him; they followed me through St. Bartholomew's Hospital, and Chester said, 18 l. was the outside value of the seals and thimbles.

Q. Did Chester say any thing else? - A. No, he said nothing more.

Q. You left the things and called again in two or three days to receive the money? - A. Yes.

Q. How often did you see Walker afterwards? - A. I never saw Walker afterwards; I went three or four days afterwards, when I saw Chester.

Court. Q. You did not see Chester when you made this bargain? - A. No; not to the best of my knowledge.

Q. When you first saw Walker he told you he could give you no more than 18 l. for them? - A. No.

Q. And Chester made answer that was the full value of them? - A. Yes, for the seals and thimbles.

Q. Chester was not present when Walker first received the things? - A. No; he was afterwards, when Walker said he would give 18 l. for them, Chester said, that was the value of these things.

Cross-examined by Mr. Knapp. Q. Walker was a hair-dresser - he could not be a judge of these things? - A. No.

Q. Had you ever seen Walker before the first time that you went there with the combs? - A. Yes; I had been shaved there.

Q. Did you know Walker before Price did? - A. I cannot say.

Q. I understood you to say, that a fit of honesty struck you when Dobbs offered you the things; you said to him, you did not like to have any thing to do with them, you would like to know whether they were come honestly by, but you made no enquiry afterwards? - A. They laid at my house five or six weeks.

Q. Then you came to London and offered to sell these things? - A. I came according to Dobbs's order.

Q. And then you came to Walker's in the way you have described? - A. Yes.

Q. Did you ever say a word about this till you were in custody? - A. I resigned myself up.

Q. You resigned yourself up, like other great men - you have been in custody, have not you? - A. Yes.

Q. Did you ever say a word about it till you resigned yourself up into custody? - A. Never.

Q. Then you told the same story that you have been telling to-day? - A. I told the Magistrate before I went to gaol.

Q. How long have you been in gaol? - A. Nine or ten weeks.

Q. When was it you told the Magistrate? - A. after I saw Walker's name in the paper.

Q. Then, when you saw Walker's name in the paper, and it was blown, you thought it would be your turn next? - A. I saw Dobbs at the office that night, and he persuaded me to go away.

Q. Instead of that you went to a Magistrate, finding it in the paper and it was all blown - did not you expect to be taken up? - A. Of course.

Mr. Curwood. Q. When you came to the prisoner, Walker, you first shewed him the combs and the brooches, these you left with him at that time - you did not see Chester? - A. No.

Q. The second time you left the things (the seals and boxes) Chester was not there? - A. No.

Mr. Knapp. Q. Was a woman there, and a man of the name of Price there? - A. Price was there the first time, and I believe he was the second time.

Court. Q. Chester was not there the first time when you delivered the things; the second time Chester was not there - when was the first time you saw Chester there? - A. I had offered them to Walker in the morning, we had a pot of beer at Walker's house; it might be an hour after I shewed the goods that Chester came into Walker's house.

Q. What passed then when he came into Walker's house? - A. No conversation then, no more than we had a pot of beer, and we all drank; Chester went out, and Walker went out.

Q. Who went out first? - A. I cannot say which; Walker had the things in his possession then, but whether he took them out with him I cannot say.

Q. When Walker went out, did he take the

things with him or not? - A. To the best of my knowledge he did.

Q. Did Chester go with him? - A. I do not think that Chester went with him.

Q. Chester came in after you had offered the things - the question is, whether they both went out together? - A. I cannot say; I called at Walker's house in the evening for the money; he was not at home, and Chester and Walker came after me in the evening as I was going through Bartholomew's hospital to the Post Office, Walker halloaed out to me, and we went into a public-house and had a pot of beer.

Q. That is, Chester, Walker, and you? - A. Yes; Chester then said, 18 l. was the full value of the seals and the thimbles.

Q. Walker bid no more than 18 l.? - A. No.

Q. And Chester said 18 l. was the full value of the seals and thimbles? - A. Yes; that is all that passed while Chester was in my company.

RICHARD PRICE sworn. - Examined by Mr. Gurney. Q. In the month of July last you were the driver of the Shrewsbury and Birmingham mail? - A. Yes.

Q. Do you know the prisoner Walker? - A. I do.

Q. Did you, in the month of July last, go, in company with Christopher Wakelin , to his shop? - A. I did.

Q. Were you present when any thing whatever was shewn by Wakelin at Walker's? - A. I was; he shewed him some ornamental combs for women's hair.

Cross-examined by Mr. Gleed. Q. Did you know Walker some time before? - A. Yes.

Q. The first time you went to Walker's shop no combs were produced? - A. No.

Q. Walker, I understand, is a hair-dresser? - A. Exactly so.

Q. Is Walker a ladies hair-dresser? - A. I do not know; I have seen men come to be shaved.

Q. Is it a shop pretty much frequented? - A. Pretty much; I have seen no ladies there.

ELIZABETH MALONE sworn. - Examined by Mr. Alley. Q. Do you know the prisoner at the bar, Walker? - A. Yes; I purchased a brooch of him about six months ago; Mr. Trott has got it; I gave Walker 3 s. 6 d. for it; when I bought it of him, he said he had it to sell for a gentleman in the country; it is a brooch for the hair.

MARY CHETHAM sworn. - Examined by Mr. Gurney. Q. Do you know the prisoner at the bar, Walker? - A. Yes.

Q. Did you, in the month of July or August last, purchase a brooch of him? - A. Yes; I gave him 3 s. 6 d. for it.

Q. Was Elizabeth Malone in company with you when you purchased it? - A. Yes; I delivered it to Mr. Trott.

JAMES MOSS sworn. - Examined by Mr. Alley. Q. What are you? - A. I am a shoemaker.

Q. Do you recollect, in the latter end of July, meeting the prisoner Chester, and having any conversation with him? - A. I do; I met him in Holborn; he told me that I was the very person he wished to see; he asked me if I would accompany him to Mr. Fox; I told him I would.

Q. Did he say for what purpose he wanted you to go with him to Mr. Fox? - A. He did not; I went to Mr. Fox with him, but he was not at home; then we went to Walker's house, and as we were going, Chester told me that Walker had employed him to sell some jewels; he said he was afraid he should get into a hobble for it; we went on to Walker's house, and when we came there, there was a young woman going into Walker's house with some beer; he said, stop, I will go in first; he said to me, he was employed to sell that which he knew was stolen.

Cross-examined by Mr. Curwood. Q. Were not you very much astonished at this sort of communication? - A. I was astonished; I left him and went to my master's house.

Q. Did you communicate this to any body? - A. No, I did not till Mr. Trott took me up at my master's house.

Q. Did not he say they were in the possession of Walker? - A. He did not say a word about that.

Mr. Alley. Q. You were brought before a Magistrate to be examined and you were discharged? - A. Yes.

Q. And now you come to give evidence the same as any other man at liberty? - A. Yes.

- FOX sworn. - Examined by Mr. Gurney. Q. Where do you live? - A. At No. 1, Dorrington-street, Brooks-market.

Q. What trade are you? - A. I was apprenticed to a jeweller in the country.

Q. Do you know the prisoner Chester? - A. I do.

Q. You have known him a long while - was he either an apprentice or a servant to you? - A. He was articled to me for about two years to learn pearl setting.

Q. Do you remember Chester calling upon you in the month of July last? - A. Yes, he brought, in a handkerchief, some seals; he asked me whether I could recommend him to a place to sell them for ready money.

Q. Did he tell you whether he had any other things besides seals? - A. He did; he said he had brooches, thimbles, and several trinkets belonging to the jewellery business, he said he had them from one Walker, a hair-dresser on Snow-hill, who was a man that could give bail for a thousand pounds; I recommended him to one Mr. Obey, in Cursitor-street.

Q. In a morning or two after that, did Chester

come again? - A. Yes; Walker came twice with him.

Q. When they came to you did they shew you any articles of jewellery? - A. They did; they shewed me some ornaments for the head, brooches.

Q. Did you go with them into the Six Canns public-house to drink? - A. I did, in Holborn.

Q. When you were there did Walker shew you any other things? - A. He shewed me six silver boxes; he put them on the table for all the company to see; there were two small ones and four large ones.

Q. Did he ask you the value of them? - A. Yes; I could not tell him.

Cross-examined by Mr. Knapp. Q. Where was it that Walker went with Chester at the time these things were shewn? - A. To the Six Canns, a public-house.

Q. They were openly shewn in the public-house, so that all the people could see them? - A. Yes; the people got up and looked at them.

Q. So, then, he made a public shew of the boxes to all the company? - A. He did.

Q. Had you used that house before? - A. No.

Q. Your house is in the county of Middlesex? - A. Yes.

Mr. Curwood. Q. Were the things produced at that house by Walker or by Chester? - A. Not by Chester; Walker produced the things.

Q. That is in the city? - A. I believe it is out of the city.

WILLIAM WISE sworn. - Examined by Mr. Alley. I am a pearl-setter.

Q. Do you recollect going to the last witness, Fox, in the month of July for any thing? - A. I was going up for work.

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

Q. Had you any conversation with Chester? - A. Not at that time; I had at other times; I saw him at Mr. Fox's.

Q. Did he employ you to dispose of any thing for him at any time? - A. Yes, gold seals, brooches, silver thimbles, and silver boxes; he asked me if I knew of any body where I could dispose of them; I said, I dare say that Mr. Obey, the pawnbroker, would buy them; he asked me if I would be so good as to take them; I said, yes; I took them and sold them at Mr. Obey's, to the clerk, his name is Folcot.

Q. Do you recollect what quantity you sold? - A. Twenty-three gold seals for 11 l. 10 s.

Q. Did you sell nothing else? - A. Not that day; upon another day I sold four dozen and seven brooches, three dozen and eleven thimbles, and four boxes, for seven guineas; I gave the money to Chester, and I got the things from Chester, at Mr. Fox's house.

Mr. Curwood. Q. Do you know any thing of the value of these things? - A. No.

ELIZABETH MAIDSTONE sworn. - Examined by Mr. Gurney. Q. Are you sister, or half-sister to William Wise ? - A. Half-sister; I lived servant with Mr. Fox.

Q. At the latter end of July last do you recollect Chester coming into Fox's house? - A. Yes.

Q. Do you remember his shewing Mr. Fox any thing? - A. Yes, some seals, brooches, thimbles, and other things.

Q. Did he say where he brought them from? - A. He said he brought them from Mr. Walker, of Snow-hill; he asked Mr. Fox where he could sell some of them; Mr. Fox told him, at Mr. Obey's, in Cursitor-street.

Q. Did he go then? - A. He went out as to go to Mr. Obey's; he came back, and said, Mr. Obey was not at home, he was to call again at four o'clock.

Q. How many times did he call? - A. I cannot exactly tell.

Q. Did he call more than once or twice? - A. I saw him bring them up two or three times; and one time I saw Walker with Chester.

Q. Did you see him show any thing when he came? - A. No.

Cross-examined by Mr. Curwood. Q. When Chester shewed these things, he said he had them from Walker? - A. Yes.

Court. Q. There is a difference between had them and brought them; if he had brought them from Walker's he might have had them somewhere else? - A. He said he had them from Mr. Walker's.

JOHN FOLCOT sworn. - Examined by Mr. Alley. Q. You are servant to Mr. Obey? - A. Yes.

Q. Do you recollect buying any thing on the 26th of July last of the witness Wise? - A. On the 27th I bought twenty-three gold seals; about three or four days afterwards I bought about three dozen brooches, and about four dozen thimbles, all but one, two silver nutmeg-graters, and two silver patch-boxes; I gave him 11 l. 10 s. for the first lot, and for the second lot I gave seven guineas. They are most of them delivered up to Trott, the officer.

- BROGDIN sworn. - Examined by Mr. Gurney. I am a jeweller in Bridgewater-square.

Q. Do you remember, in the month of July last, Chester calling upon you? - A. Perfectly.

Q. Did he offer you any thing for sale? - A. He did; he said they were the property of a person that wanted to sell them for ready money; he said he came according to Fox's order; Fox sets pearls for me; I knew Chester as being the messenger between us; he came to bring work home at the time; I knew his name only then as Fox's

man; I knew his person; he sold me about twenty hair-brooches for 4 l. 15 s. he said they were the property of a jeweller who wanted to raise a little ready money; he said he had a large quantity of seals, brooches, and a variety of articles, if I would look at them the next morning; and in order for me to become a purchaser, on the next morning he shewed me a great quantity, about an hundred pounds worth, precisely such goods as are described in the indictment, and such as I have seen since; I knew them to be Birmingham manufactory, and there is one particular pattern brooch that I knew to be Mr. Pemberton's; if I had known of the robbery, I would have detained him; this was in the latter end of July.

Q. Is your house in the City or suburbs? - A. In the City.

THOMAS WHEELER sworn. - Examined by Mr. Alley. Q. What are you? - A. I am a goldsmith, in Holborn.

Q. Do you recollect either of the prisoners coming to your house in July? - A. The prisoner Chester came and shewed me three or four dozen of seals; I looked at the seals, and asked him if he was the maker; he said he was; I asked him what was the value of the gold he had made the goods of; he said, forty shillings the ounce; I then asked him the price of one sort; he said, one sort twelve shillings, and the other fourteen shillings; I told him I would take one with the other at twelve shillings; then he asked me if I would take all; I told him I would not; I took one dozen, for which I paid 7 l. 4 s. I have got them in my possession.

Q. Did you ask the prisoner Chester where he lived? - A. Yes; he said where he always lived, in Brook's-market.

JONATHAN TROTT sworn. - Examined by Mr. Gurney. Q. You are a Police-officer? - A. I am.

Q. You apprehended both the prisoners? - A. No, neither of them; Chester was apprehended in the City, I went to claim him.

Q. Have you received the brooch from Elizabeth Malone ? - A. I have, I produce it, and a brooch from Mary Chatham .

Q. Have you received any thing of John Folcot ? - A. Yes, I produce them, there are two dozen and ten altogether, two silver patch boxes, two dozen and ten silver thimbles, and a silver toothpick-case, these I received of Folcot; I went to Mr. Wheeler, by Chester's desire.

Q. What he had bought of Wise? - A. Yes.

Mr. Brogden. I produce about twenty brooches I bought of Chester.

Q. (To Lee.) Will you look at the articles - do you know any thing of them? - A. I remember packing them up myself; I believe them to be the same, they are our manufactory.

Q. (To Trott.) These are the things that you produced on the trial of Dobbs, he was convicted? - A. He was, they have been in my custody ever since.

Q. (To Lee.) Now look at the brooches and the seals - do you believe them to be part of the contents of that parcel? - A. I do.

Q. What proportion is there here to what is not recovered? - A. Here is the principal part of these brooches; I think there may be half, not more.

Q. You gave evidence respecting of Dobbs? - A. I did, and these are the same articles that were produced there.

Q. What is the value of all these? - A. Eighty pounds.

Walker's defence. I have but little defence to make. It has been said that I am a hair-dresser by trade, consequently I could be no judge of these articles; there are some of the articles that are used in my profession which were amongst the articles that were brought to me by Wakelin; he brought them to me, he said, in consequence of my having so good a knowledge of Mr. Price; I had never seen Wakelin but once before in my life, that was at my shop to be shaved; I had no knowledge of him till he was brought in by Price; the goods which I sold for him was only some very trifling articles, for which I paid him together with the money that Chester brought me; Chester brought me five and six pounds at a time, and as much as thirteen pounds the last time; I paid him in the presence of Chester, and the money that Chester brought first of all I locked up to give the guard when he came again. When he came, I gave my wife the key, and she brought the sum down, making thirteen pounds, in the presence of Chester and two other persons; I paid it to the guard in the same state as Chester paid it me; I have nothing further to add than I never bought any of the articles.

Chester. (To Wise.) Q. Whether he saw any money pass from me to Walker respecting these trinkets? - A. I saw six pounds pass from your hands to Walker.

ANN MALPAS sworn. - Examined by Mr. Knapp. Q. You are a servant to Mr. Walker - do you remember Wakelin coming to Mr. Walker? - A. Yes.

Q. Who was present at the time? - A. Chester, Mr. Walker, and the guard; when Wakelin came in he opened a handkerchief; it contained jewellery, combs, and ornaments for the hair; Wakelin said, when he opened the handkerchief, that they were the things that he had to sell for a person in the country.

Mr. Gurney. Q. Did Walker ask him where they came from? - A. No.

Court. Q. He asked no questions at all? - A. No; Wakelin, the guard, asked him if he would

sell some of them for him, and he would satisfy him for the trouble; Mr. Walker said they were not things in his way, he did not understand them, but he would shew them to some people who dealt in such articles; then they parted; Mr. Wakelin said he would call again in two or three days at the time he went away, and he did.

Mr. Knapp. Q. Was there any bargain made for these things? - A. Not then.

Q. Or any money paid? - A. None at all, not then; I know the guard called again.

Court. Q. You knew that he was a guard of a mail-coach? - A. Yes.

Q. Your master knew that? - A. Yes.

Cross-examined by Mr. Gurney. Q. When the guard brought the things first, he had them in a blue handkerchief? - A. Yes.

Q. It contained combs and ornaments for the hair - when he opened them he asked Mr. Walker if he would sell them for him? - A. Yes.

Q. You were not with your master when the money was paid? - A. Yes, I was; I went and fetched a pot of porter.

Q. How much do you think it was? - A. I cannot directly say.

Q. Was it 10, 11, 12, or 13 l.? - A. I think it was 13 l. was paid.

Q. Paid by whom? - A. By Mr. Walker, to the guard.

Q. That was two or three days after they were left there? - A. Yes.

Q. You say your master and Chester were together at that time? - A. Yes, I saw my master and Chester look over the things, and Chester took out some of the things to sell.

Q. Such pretty things as these (shewing her to them) they were taken by your master's consent? - A. Yes, and by the guard's too.

Q. Were not you there when the seven pounds was paid by Mr. Wise? - A. I was not in the room then.

Q. Is your master a lady's hair-dresser? - A. He dresses ladies and gentlemen too when he is wanted, there is a room backwards for the ladies.

Q. How many ladies does he dress in a week? - A. There are not three in a week.

Q. Are there three in a month? - A. I dare say there are three in a month.

Q. Does your master in his windows expose any combs or brooches for ladies? - A. No.

Q. What price does he charge for shaving? - A. A penny.

Court. Q. Is that put in the window? - A. (Mr. Gurney.) Yes, shave for a penny, cut hair for two-pence, and dressed for three-pence.

Ann Malpas . No, not so low as that.

Chester's defence. I sold none of the goods after I heard of the robbery of the mail; I gave the whole information I could.

Walker called seven witnesses, who gave him a good character.

Walker, GUILTY .

Chester, GUILTY .

Transported for fourteen years .

London Jury, before Mr. Recorder.

Reference Number: t18051030-26

683. LAWRENCE MARTIN was indicted for feloniously stealing, on the 21st of October , a jacket, value 4 s. a pair of stockings, value 6 d. a handkerchief, value 6 d. a saddle-cloth, value 2 s. a bridle, value 10 s. a pair of chaise-reins, value 4 s. and two bridle-bits, value 10 s. the property of Edward Wood .

EDWARD WOOD sworn. - I am an hostler , I live at the Rose and Crown, Turner's-hill, Cheshunt ; the prisoner was a bricklayer's labourer ; I let him lodge in the stables, he knew where the articles were: On Sunday night, the 20th of October, I left them in the stable, all was safe then; on Monday morning, about half past six, when I went into the stable, I found it had been robbed; he had taken off several tiles from the corner of the stable to get in; I went to his employer to enquire if he was at work, he was not; I came back, and went in pursuit of him, and at Edmonton I found him in custody of an officer.

THOMAS SMITH sworn. - I am a constable at Edmonton: On Monday, the 21st of October, about eight o'clock in the morning, I saw the prisoner go into a second-hand shop in Edmonton; I went in after him, and this bundle was open, and seeing this valuable bridle I suspected that he had robbed some stable; I looked at it, and he said, will you buy it; I said, no, I had no occasion for such a thing; he said, if you will, you shall have it for half a-guinea; I told him if he would tie up his bundle, I would take him to a gentleman whom I would shew it to. I then took him to a Magistrate, and stated my suspicion; he said there he had got them at a raffle at Plymouth; the Magistrate ordered me to take him to the cage, and to bring him up in the evening; on going with him to the cage, I met the prosecutor in pursuit of him; the prisoner had the prosecutor's jacket on his back.

Q. What did the bundle contain? - A. This bridle, a pair of reins, a pair of bus, a bearing-rein, a new saddle-cloth, a pair of stockings, and a handkerchief; when I met the prosecutor, I took him back again to the Magistrate's; he confessed immediately that he had stole them, without one word of hesitation.

Prosecutor. The jacket is mine, and the stockings and handkerchief; the other things were in my custody; here is all the things I lost.

GUILTY , aged 22.

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

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18051030-27

684. ANN MADKIE , ELIZABETH GODFREY , and MARY BENTLEY , were indicted for feloniously stealing, on the 30th of September , in the dwelling-house of Richard Kasey , a Banknote, value 10 l. two other Bank-notes, value 5 l. each, and two other Bank-notes, value 1 l. each , the property of James Rough .

JAMES ROUGH sworn. - I met Godfrey and Bentley in the street, opposite Somerset-house, on the 29th of September, between twelve and one o'clock at night; I went home to their apartments on the 30th of September, and between two and three o'clock I got up, and missed the 22 l. Banknotes.

Q. How late had you seen these notes before you went into the room with these women? - A. I saw them when I went into their apartments; I took them in my hand, and put them in a cloth; they were loose in my breeches pocket.

Q. Did you look them over in their room, so as to know you had 22 l.? - A. I did privately.

Q. Neither of the women saw you do it? - A. They were in the room, they might see me.

Q. Then I suppose you went to bed with some of these women? - A. I went to bed with Godfrey and Bentley.

Q. With both? - A. Yes; about two o'clock I went to bed, and about three o'clock they absconded, and I found I was robbed; I got up, and searched my breeches; I called for a light of the landlord, and for the watch; the landlord did not give me a light then; I found the women were gone.

Q. Have you ever seen your money since? - A. Yes; there has been one 5 l. note traced back with these women's name on the back of it.

Q. What do you say to the other woman, Ann Madkie? - A. That woman was not in the room at all, I did not see her in the house.

Cross-examined by Mr. Alley. Q. My Lord asked you how you came to know that you had that property - you say you looked at them privately, and counted them over? - A. Yes.

Q. Were you drunk or sober? - A. I was not drunk, nor I was not what they call real sober; I was sensible.

Q. Where had you been before you met these women? - A. I had been drinking with two or three people, after I came home, a pot of beer.

Q. You say you felt in your pocket, and afterwards you took them out and looked at them, and the women were in the room? - A. They were.

Q. How long were you looking at them? - A. A very little time.

Q. Was there one, two, or three notes? - A. There were five altogether.

Q. When you took them out, what occasion had you to count them over? - A. I was with those people, I did not intend to stop.

Q. Did you expect to be robbed when you went into the house? - A. Yes, I thought I should.

Q. Yet you went into the house, and went to sleep there also - there were two women in company, did you give them any money? - A. I gave them three shillings and a dollar.

Q. Did not you give a Bank-note to either of them? - A. I did not; I told them I would give each of them a seven-shilling piece in the morning.

Q. When did you get these notes? - A. I got them five days before.

Q. Is that person here who gave them to you? - A. He is not.

Court. Q. Do you know any thing of the 5 l. note you have mentioned - had you at the time you went into the house a Norwich Bank-note so numbered, that you should know it again? - A. I knew it by the number, and by looking at it in my hand it was dirty.

Q. Did you know the number? - A. I went to the Bank about the number.

Q. That was afterwards? - A. Before that I knew it.

Q. Had you then any paper, with the numbers upon it, with you? - A. No.

Q. You went to the Bank and changed a 30 l. note, did you? - A. Yes.

Q. On what day, did you change a 30 l. note at the Bank? - A. I do not recollect the day.

Q. You had some time before changed a 30 l. note at the Bank, and you had received others in change? - A. Yes.

Q. Had you took account of the numbers when you exchanged the 30 l. note at the Bank? - A. No, not till I went and stopped the numbers of them at the Bank.

Q. Then you did not know any thing of the numbers? - A. No, not till after I was robbed.

Q. At the time you went into this house, you only knew you had 22 l. in Bank notes, and two 5 l. notes were among them, you are endeavouring to make a case, not considering how it will bear, I with you would answer the truth, you have no reason arising from your own knowledge, or from your own recollection of knowing that note? - A. I did not know the note till I had the number.

Q. Which number you did not know till afterwards? - A. No.

JOHN GIBBONS sworn. - Q. You are clerk in the Accomptants Office in the Bank, are you? - A. Yes.

Q. Do you remember on the 26th of September, James Rough , bringing to the Bank, a 30 l. note to be changed? - A. I did not change it myself, I have the particulars of it.

Q. You have only a minute from somebody else? - A. I have a minute from the party that gave him change.

Q. Are they here? - A. They are not here.

Q. Were are these clerks? - A. They are at the Bank.

Q. You know nothing of that 5 l. note being in the possession of that man? - A. No, I only know by information.

Court. That the man was guilty of gross folly, there is no doubt, and in all probability he had been robbed of these notes, but as he cannot prove that he ever had this individual 5 l. note about him; if the clerks that changed the 30 l. note for him had been here, they would have been able to say this individual 5 l. note was given in exchange, and then it having been paid by these women the next day to the pawnbroker would have made it compleat, therefore, for want of identifying this note, the women must be acquitted.

NOT GUILTY .

First Middlesex Jury, before Lord Ellenborough.

Reference Number: t18051030-28

685. WILLIAM ADKIN was indicted for feloniously stealing, on the 8th of October , a silver watch, value 20 s. the property of Henry Taylor .

HENRY TAYLOR sworn. - I live at No. 33, Wilson-street, Finsbury-square .

Q. Do you know any thing of the prisoner? - A. Yes, his parents lodge at my house, and he lived with them. On the 2d of October, I lost my watch out of the drawer in my bed room, I had put it there about two months before, in consequence of breaking some part of the spring; I had seen it in the drawer about a fortnight or three weeks before the 2d of October.

Q. Was the drawer locked? - A. It was not, my wife had put by two seven-shilling pieces, and from my wife's information, I missed the watch on the 2d of October.

Q. At that time, was the prisoner, and his father and mother living in the house with you? - A. Yes, they are still living with me, they are honest good kind of people; I believe the boy eloped from his father and mother about a fortnight or three weeks before I missed my watch, on the 8th of October; I saw the watch in the officers hands, after I had taken the boy on suspicion of stealing it; the boy was brought home by a waggoner; I had him apprehended while he was at dinner in his father's roome he said, he found the watch in the bottom of the clock-case that was standing at the bottom of the stairs in my house; he had told his father before he found it fifteen miles out of town.

PETER MASON sworn. - I am an officer of Worship-street; on Tuesday the 8th of October, I was sent for by the last witness, I went up stairs, I saw the boy and his mother; the prosecutor gave me charge of him, I asked him where the watch was, he denied it at first, but his mother very honestly said, that is the watch you told me you found when you came home. The father of the boy had taken it from him for fear he should make away with it. The father was sent for, and when he came, he produced it in the presence of the boy, he said, he look it out to work with him, for fear his son should make away with it before he found the right owner. The father asked the boy how he could tell him such a story, that he had found the watch in the country; he said he did find it, but not in the country as he first said, but he found it on the stairs; as I was going to take him to the office, he shewed me the bottom of an old clock case, and he pointed out that as the place where he found it.

Q. Was there any thing said about the string of the watch? - A. Yes, Mr. Taylor described it having a purple string, I asked the boy where was the string which was on the watch when he found it, he said it broke, and he put this piece of black ribbon on it himself. I produce the watch.

(The watch identified by the prosecutor.)

Prisoner's defence. Mr. Taylor said in the drawer where the watch was, there was a 5 l. bill and eight bank notes along with the watch, is it likely I should take the watch, and leave all that money.

Q. (To Prosecutor.) Did you say that? - A. Yes, there was a 5 l. note, and eight others laying by the watch, I said, it was a wonder he should take the watch, and leave that.

GUILTY, aged 15.

Jury recommended him to mercy on account of his youth .

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

First Middlesex Jury, before Mr. Baron Thomson.

Reference Number: t18051030-29

686. WILLIAM GREEN was indicted for feloniously stealing, on the 1st of October , two tons of Guernsey paving stones, value 30 s. the property of Alexander Goudge .

ALEXANDER GOUDGE sworn. - I live with my father, he is a paviour, he has a wharf at the Hermitage; we had about an hundred tons of Guernsey paving stones there.

Q. Did you miss any of them? - A. We did not miss two tons out of so many.

JOHN BATHO sworn. - I am a paviour.

Q. You are son-in-law to Mr. Goudge? - A. I am. The prisoner was my carman ; in consequence of information, I apprehended the prisoner, he confessed to me that he took the stones from Mr. Goudge's yard, at the Hermitage.

EDWARD PENNY sworn. - I am a labourer, I work for Mr. Goudge.

Q. On the 1st of October, you were sent to load some stones? - A. Yes, the prisoner came there with Mr. Batho's cart, he asked me if I would help him to load the stones.

Q. Did you? - A. I did, he carried away about two tons.

Q. (To Mr. Batho) What are two tons worth? - A. Fifty shillings.

Prisoner. John Delaney went down with me to load the stones, and this man helped me, I did not know but he bought them of my master.

Q. (To Penny) Did any man come with him? - A. Yes, Delaney only stood by part of the time the cart was loaded, when he went away, he asked him to give him a glass of gin.

Q. (To Batho.) Do you know any thing of Delaney? - A. Yes, he is a labourer in my employ.

Q. Do you know any thing of his coming with this man? - A. We could not prove that.

Q. Does Mr. Newman know any thing of his carrying the stones away? - A. Newman was in Bell-lane, when the prisoner offered the stones to fell.

THOMAS NEWMAN sworn. - I am a tallow-chandler.

Q. You were in Bell-lane on the day the prisoner offered the stones to sell? - A. Yes, I really believe that is the man, but I am not positive, he offered them to Mr. Millet.

HENRY MILLET sworn. - I am a plaisterer.

Q. Did the prisoner offer any stones to you to sell? - A. I was standing at my gateway when he came up with a load of stones; he said, he had brought me a load of stones.

Q. Had you given him any directions? - A. None at all, I never had ordered any of him.

Q. How came he to pitch upon you? - A. The way it was, Delaney was paving the front of the gateway, he observed, that Delaney ordered him to bring them to him.

Q. Was Delaney by at the time? - A. No, I told him that I had not ordered any stones, and that I would not have them, he proposed leaving them, if I would take them at 14 s.

Prisoner's defence. I had the stones, I told him they did not belong to me, it made no difference to me; they belonged to Delaney, I did not know, but they were ordered by my master, as I had done different jobs that day for different men.

Mr. Batho. I believe the stones had been shot about half a mile from the place, near the back of the London-dock, I believe these are the same stones, they are of the same quality.

GUILTY, aged 35.

Of stealing to the value of 30 s.

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

First Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18051030-30

687. ANN SULIVAN was indicted for feloniously stealing, on the 3d of October , a silver watch, value 2 l. a metal key, value 2 d. and a metal chain, value 6 d. the property of John Frankland , in the dwelling-house of Thomas Hetherington .

ANN FRANKLAND sworn. - On the 3d of October, a man came and asked for a lodging at the house where I lived; he was accommodated by the landlord in the next room adjoining to me that night; in the morning early the man went out, and left the woman behind; on the 4th of October the watch was lost; I met the woman in the passage, she said she was very dry.

Q. Did a woman come with this man? - A. Yes, this woman came with the man who took the lodgings.

Q. On the morning of the 4th you met her in the passage, she said she was dry? - A. Yes; I said I would give her some cold tea; I gave her some, she drank it, and while I went down stairs, she slipped the lock of the door, and went in and took the watch.

Q. The woman was not in the room where the watch was, when you gave her the tea? - A. No.

Q. Who does the house belong to? - A. To Thomas Etherington.

Q. When did you see the watch again? - A. Before we took her in Whitecross-street, I went and looked for it, I found her in the pawnbroker's shop with the watch in her hand. This is the watch.

Q. What is the value of that watch? - A. Two guineas, my husband gave five guineas for it twenty years ago, I seized the watch, and sent for Spicer the officer.

Prisoner. That woman owed me thirty shillings and sixpence.

Court. Q. You had come there but the night before? - A. I came to her several times for the money, and could get no money, she gave me 5 s. 6 d. the first week of Bartholomew fair; on the morning she told you, she gave me the watch for the thirty shillings, she told me to go and pawn it, and bring in a pound of soap, and two ounces of blue, and to pay myself, then I went to the pawnbroker's; as soon as I turned my back from the house, she followed me, and in the pawnbroker's shop she told me I had robbed her, and as there is a good God, I never did.

Prosecutrix. I never saw her before with my eyes.

Q. (To prisoner.) Have you any witness to prove that she owed you thirty shillings? - A. No, but the Almighty God, I am quite a stranger in the town.

GUILTY, aged 25.

Of stealing to the value of 39 s.

Transported for seven years .

First Middlesex Jury, before Lord Ellenborough.

Reference Number: t18051030-31

688. SAMUEL WEYMAN , PERCY GROVE WELDON , and WILLIAM BATEMAN ,

were indicted for feloniously stealing, on the 23d of October, four half-peck loaves, value 8 s. the property of David Pitcairn .

DAVID PITCAIRN sworn. - I am a baker ; I live in Guildford-street ; the three prisoners were my journeymen ; Weyman lived with me about seven months, Weldon three months, and Bateman about ten days.

Q. Was it their business to carry out bread for you? - A. Yes; I serve the Foundling Hospital.

Q. You must confine yourself to one transaction? - A. On the 22d of October they brought up the bread as usual, and laid it on the floor while they went to put their cloaths on to go with it to the Foundling Hospital.

Q. Did you count the loaves - how many were there? - A. Thirty-seven, as I supposed, intended to go to the Foundling Hospital, but underneath a row of them there proved to be three white ones, which were not intended for the hospital: I knew the three white loaves would not go there; there were thirty-four proper-loaves for the hospital, and three white ones under them; it was the business of these three men to take these loaves to the hospital every morning; it was as much as they could carry.

Q. Did you observe whether the whole thirty-seven were gone, or only thirty-four? - A. The whole thirty-seven; I remarked it when I came up stairs, which was about half an hour after they were put in the shop.

Q. You did not see them put in the basket and taken away? - A. I did not; after they delivered the bread to the Foundling Hospital they all three came back; upon their return, Weyman brought me the book where the number of loaves is put down; he is foreman.

Q. Have you got that book here? - A. No.

Q. Who makes the entry in that book? - A. He, himself; I took the book and said, is there only thirty-four left; he made no reply, but went away down stairs.

Q. Did you ask any questions of the other prisoners about it? - A. No.

Q. Did Weyman say that he had left more than thrity-four? - A. He did not: I was then convinced that I was robbed.

Q. This was on the 22d? - A. Yes; on the 23d they did the same.

Q. You cannot, in point of law, join these things together - did you do any thing on the 23d? - A. Yes; there were thirty-eight loaves went out on that day.

Q. Can you give any intelligence respecting the loaf that was missing on the 22d? - A. There was one found at the Lamb public-house, in Lamb's Conduit-street, that went out from me on the 22d, along with the three that were found on the 23d; Price and I went to the public-house on the 23d, and found four loaves; I then could distinguish the one lost on the 22d; it was a day old; I pointed it out to the Magistrate that morning at eleven o'clock.

Cross-examined by Mr. Gleed. Q. Are these loaves properly described in the indictment; are they not what you call brown bricks - that is the proper name in the trade? - A. Yes.

Q. On the 22d you were not present when they were placed in the shop, nor when they were taken away? - A. No.

Q. Between that there was an interval of half an hour? - A. Yes.

Q. Who serves in your shop besides yourself? - A. My daughter.

Q. Is your daughter here? - A. No.

JOHN PRICE sworn. - I am beadle and constable of St. Andrew's: On the 23d of October I went to the Lamb public-house, Lamb's Conduit-street, just by the Foundling; I saw the two prisoners come in with their baskets and some bread in them.

Q. Which prisoners? - A. Weldon and Bateman; they brought some half-peck loaves in a basket; I could not tell how many; they stopped about half a minute, then they went through to an underground kitchen and had a glass of liquor, and went about their business. When they came up, they came up without the bread.

Q. Who gave them that liquor? - A. The landlord, at the bar, they paid for it all but one penny; I waited in the Lamb public-house; they did not return; then I went to the prosecutor's house; I took Weldon in the shop; I went out and took Bateman in Lamb's Conduit-street, and when I returned Weyman was in the shop; I took him; I went to the Lamb public-house again, and in the back-kitchen, on the dresser, I found four half-peck loaves covered over with an apron, three were hot and one was baked the day before; I took them to the prosecutor's house: I have had them in my care ever since; I produce them.

JOHN ANDERSON sworn. - I keep the Lamb public-house; I know the prisoners: Mr. Pitcairn served me with a quartern loaf a day; the men brought it; they would ask me to let them leave some bread while they had time to call for it to carry to their customers; and sometimes they would call for it again in half an hour; what bread they left for me I always paid them for it; I was not at home when this bread was brought, nor when it was fetched away.

Q. (To prosecutor.) Can you speak to that loaf which you have described to be a day old, found on the 23d - I am speaking of the bread lost on the 22d? - A. I observed there were three loaves then that were not marked with my W. and there was a roughness on the top of this bread not common for bread to have in general; it happened we had some Hertfordshire white that made it; all our other

bread was marked with a W. and my initials; when I saw the loaves that were taken at the public-house on the 23d, three of them were hot and one was a day old.

Q. The three hot loaves could not be lost on the 22d? - A. No; I observed one that was made the day before; it was without any letter and it was rough.

Cross-examined by Mr. Gleed. Q. The only way that you know the loaf was, because it was without any mark? - A. Yes.

Q. And with respect to the Hertfordshire white, other bakers use it besides yourself? - A. Very seldom they do, and very seldom that I do.

Q. That you cannot tell with respect to others - can you shew us which is the loaf of the 22d? - A. I cannot undertake to swear to them now.

Court. Q. You only undertake to swear, from the observations that you made at the time, one of them was a loaf you lost on the 22d? - A. Yes.

- FULCHER sworn. - I have been in the custom of using Mr. Anderson's house these ten years; I have seen two of the prisoners at the bar come in frequently and leave bread; I do not know their names; I have seen them leave them on one day and take them away the next morning.

The prisoners left their defence to their Counsel, and Bateman called two witnesses, who gave him a good character.

NOT GUILTY .

First Middlesex Jury, before Mr. Baron Thompson .

Reference Number: t18051030-32

689. MARY WILSON and MARY EVANS were indicted for feloniously stealing, on the 18th of September , a pair of sheets, value 5 s. a pail, value 2 s. a tea-kettle, value 2 s. and a pair of bellows, value 2 s. the property of James Purcel , in a lodging-room in his dwelling-house, let by contract by him to the prisoners, to be used in and with the lodging .

Second Count. For like offence, only stating them not to be stolen in a lodging-room.

It appearing, from the evidence of the prosecutrix, that the room was let to Mary Wilson alone, and the indictment stating it to be let to both the prisoners, the prisoners were

Both ACQUITTED .

First Middlesex Jury, before Lord Ellenborough.

Reference Number: t18051030-33

690. ANN BALDWIN and MARY BALDWIN were indicted, the first for feloniously stealing, on the 8th of September , a shift, value 3 s. a petticoat, value 3 s. a habit-shirt, value 4 s. a pair of shoes, value 2 s. 6 d. two pair of stockings, value 3 s. a comb, value 3 s. a handkerchief, value 6 d. and a piece of cloth, value 1 s. the property of John Turner , and the latter for feloniously receiving the same, knowing them to be stolen .

ANN TURNER sworn. - Q. What day did the prisoner at the bar come to you? - A. On the 2d of September.

Q. Did you take her without a character? - A. I took her from her parents; she told me her master was dead; she came to me on the Monday morning and staid till the Sunday following; on Sunday morning I heard the child cry (she had the care of the child) about half after eight o'clock; I went up stairs; I then found she was gone; I missed a petticoat, a shift, a square piece of cotton, two pair of stockings, one pair silk, the other pair was cotton, and a pair of shoes; I had seen them the over-night at twelve oclock.

Q. Where had they been left? - A. Some of the things were on the line in the kitchen; the comb, which was set in silver was in the table-drawer; I had missed that a day or two before; the shoes were under the drawers. In consequence of information, I saw her on the Sunday following; I found her at her father's; I had a search-warrant and searched the house, and in the front two-pair of stairs room, where this girl lived, I found a bit of cotton; the petticoat had been cut up into an apron; and a pair of stockings, which I did not know I had lost, they were all mine. The constable found some duplicates there, one of them led to my pocket handkerchief.

GEORGE LEE sworn. - I am a pawnbroker; I live at the corner of Dean-street, Holborn: On the 10th of September, the prisoner Mary Baldwin (she is the youngest, and she is the sister of Ann Baldwin ) pledged two pocket handkerchiefs.

Prosecutrix. I lost but one; this is mine.

Lee. On the 2d of October there was a frock and two habit-shirts pledged by Mary Baldwin.

Prosecutrix. Only one habit-shirt and apron is mine (Ann Baldwin was my servant), the apron is made out of my petticoat, I know it by the tuck that is in it now, the same tuck was in the petticoat, and by the stain of red wine in the front.

WILLIAM CHAPMAN sworn. - On the 2d of October I went with a search-warrant to the prisoners' mother's house; I found the duplicates which I produce, upon the mother.

Q. You should have indicted the mother, the child appears to be only an instrument in the hands of the mother - why did not you indict the mother? - A. The reason of the mother not being indicted was, she had got a dying infant in her lap; the mother has run away since.

Q. That is no reason you should indict the young girl as a receiver; she is only the instrument of the mother's receiving? - A. We could not tell whether she took the things home; I found a pair of stockings in the room where the bed was.

Prosecutrix. They are my stockings.

Ann Baldwin's defence. My mother asked me how I came by the things; I told her the lady gave them to me.

Ann Baldwin , GUILTY , aged 17,

Transported for seven years .

Mary Baldwin , NOT GUILTY .

First Middlesex Jury, before Lord Ellenborough.

691. ANN BALDWIN was again indicted for feloniously stealing, on the 23d of August , a pair of silk gloves, value 1 s. 6 d. a handkerchief, value 1 s. the property of Charles Walls .

No evidence being adduced against the prisoner on this indictment, she was from this charge.

ACQUITTED .

First Middlesex Jury, before Lord Ellenborough.

Reference Number: t18051030-34

692. MARGARET CARROL was indicted for feloniously stealing, on the 21st of September , a shift, value 2 s. a shirt, value 2 s. two pair of cotton stockings, value 2 s. and two handkerchiefs, value 1 s. 6 d. the property of Newcomen Edward Edgeworth .

MARY ELIZABETH EDGEWORTH sworn. - I live at 69, Oxford-street; my husband's name is Newcomen Edward Edgeworth .

Q. Do you know the prisoner at the bar? - A. Yes, she was a washer-woman employed by my servant.

Q. You knew she was employed to wash for you? - A. I did, she never washed for me before, I had spoken about it to her myself; she lived in Bird-street; I gave the cloaths to my servant, on the 19th of September, in the evening; I did not see them again till the 25th, and then they were at various pawnbrokers; they were brought to the Office in Marlborough-street, when I saw them.

Q. Was the prisoner taken up? - A. I apprehended her myself, on the 25th of September, in Bird-street, in a kitchen where she slept, my servant came to let me know where she lived, I told the prisoner if my things were in the hands of any respectable washer-woman, I would excuse her, upon which she told me that she had let a woman have them to wash and iron for her, it turned out to be an untruth, and I told her that she deceived me, she having sent me to Henrietta-street, to a Mrs. Jones, at a pork shop, and I found no such person; she then told me if I would give her leave to go herself, she would bring me the things, I gave her leave to go, and my servant was to attend her, and there she found four shirts, the woman refused to let her have them, unless I would go and take them, which I afterwards did, and the woman delivered them to me; they are not in the indictment; I saw the other things at Marlborough-street.

ELIZABETH DREWRY sworn. - Q. You are a servant to Mrs Edgeworth? - A. Yes, the prisoner at the bar washed for another lady in the house, and she said, she was very badly off, and I gave her them to wash, on the 20th of September; she said she would bring them home on Saturday night, I did not see her till the Wednesday following.

Q. Had you been after her before? - A. Yes, a great many times. On Wednesday, I asked her the reason, why she did not bring the things home, she said she had been very ill.

Q. Did you go afterwards with Mrs. Edgeworth to her? - A. Yes, I staid with her while the lady went about to get her things. The duplicates were delivered to the landlady of the house, and she delivered them to Mrs. Edgeworth afterwards.

JOHN UNDERHILL sworn. - I live with Moorat, pawnbroker, High-street, Marybone.

Q. Look at the prisoner, do you know her? - A. I have seen her before, I cannot possibly swear to the prisoner, I know nothing more than the officer desired I would produce this property. I produced it, at Marlborough-street; there is a handkerchief pledged on the 20th of September, for 1 s. on the 21st, a shift for 2 s. and a shirt for 2 s. On the 23d, in the same month, two pair of stockings, and a handkerchief, for half a crown.

JOHN WARREN sworn. - I produce four duplicates corresponding to them; I received them of of the prosecutrix; I shewed them to the prisoner; they are pledged in the names of Ann Carrol , and Mary Carrol .

(The property identified by the prosecutrix.)

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

GUILTY , aged 46.

Confined fourteen days in Newgate , and fined 1 s. First Middlesex Jury, before Mr. Baron Thompson.

Reference Number: t18051030-35

693. JOHN SPARKES was indicted for feloniously stealing, on the 26th of September , twenty-seven pound weight of iron, value 2 s. 3 d. the property of Robert Wrightson .

ROBERT WATTS sworn. - I live with Mr. Wrightson, he is a gun-carriage maker to government , he lives at Bethnal-green. I can only prove that the property belongs to him.

- MAYHEW sworn. - I am a patrol belonging to Bow-street; I met the prisoner in the City-road, on the 26th of September, about a quarter before six in the evening, he had this iron on his shoulder, which I produce; I asked him what he had got there, he told me it was iron; he had got it from a gentleman's house, where he had been to work. I looked at the iron, and I asked him what kind of work he had been at work on, he told me that he had been cutting a vice for Mr. Spencer, a blacksmith, in Shoreditch; that he had given him this iron in lieu of wages; I took the prisoner, and two of my partners into a public-house to stay with him while I went to Mr. Spencer's to enquire; Mr Spencer came to our Office; he knew nothing of him; but by the size of the iron, he supposed it belonged to Mr. Wrightson, Bethnal-green; I sent there to inform him.

Q. (To Watts.) Look at that iron, what do you say to it? - A. I believe it to be the property of Mr. Wrightson, I worked in the same shop.

Q. Is it such iron as any other blacksmith uses? - A. No, not in general, this was taken off from the bandages of carriages, it is worth a penny a pound.

Q. Have you any mark upon upon it? - A. No.

Prisoner's defence. Mr. Watts did not work for Mr. Wrightson at the same time I did; I was at work for a gentleman in Shoreditch; I took the iron in lieu of my wages; I mended a vice for him when I was out of employ; I sent for him, but he is not at home.

Jury. (To Watts.) Q. It is a very extraordinary thing that your master should have that sort of iron, and no other manufactory in London? - A. It is Swedish iron.

Q. There is a great deal of Swedish iron imported into this country, how can you explain that is your master's iron? - A. It laid about the shop.

Mayhew. I met the prisoner in the road from Mr. Wrightson's to his own home.

NOT GUILTY .

First Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18051030-36

694. RICHARD READ was indicted for feloniously stealing, on the 14th of October , a hat, value 3 s. the property of James Lee .

JAMES LEE sworn. - I lodge at the Crown, in Merlin's-rents ; after dinner, I was sitting in the tap-room.

Q. Where was the prisoner? - A. He was sitting in the tap-room, I pulled off my hat, I had been there a considerable time, and the prisoner went out, I missed my hat.

Q. Had he been sitting with you? - A. No, he had been sitting and drinking by himself, the landlady of the house came to me, and said, Jem, where is your hat, I looked round directly behind me for my hat, and it was gone, I immediately pursued the prisoner, he had his hat in his hand, and mine he was trying on to see if it would fit him, it would not fit him, he took it off, and put it on his own.

Q. Did he put it on while you were by? - A. Yes, when I was going to take hold of him, he did not see me I believe; when I got up to him, I said, you villain, what do you do with my hat, he said it was not my hat, I took him back to the house.

Q. How far had he got from the house? - A. About an hundred yards, it was near six o'clock in the evening, on the 14th of October, when I got him back, he offered me any thing to let him go.

Q. You did not let him go? - A. No.

Q. Were you acquainted with him before? - A. I never saw him above once before.

Q. What was your hat worth? - A. About 3 s.

Q. What was his own hat worth? - A. I do not know, it was an older one than mine, he pulled out his watch, and offered me that to let him go, I sent for an officer.

Q. When the officer was gone for, was there there any thing particular that happened? - A. Soon after I sent for an officer; he asked me to let him light a pipe, I let him go to the fire; he took up the fire-shovel, and was going to clear the house of all the people; he took up the shovel and said, the first that comes near me I will cut down; he tried to make his escape towards the door; the landlady took the shovel from him, and by that time I caught hold of him myself, and then the constable came in, and took him into custody.

Q. Do you know what this man is? - A. I know nothing more of the man than seeing him once or twice or so.

Q. Was he near you at the time this hat was taken? - A. He was in the same box where I put my hat, and was drinking by himself.

Q. Your hat was lying on the table was it? - A. Yes.

Q. His own was on his head? - A. Yes.

Q. You say there was something to choose between the hats, your's was worth 3 s. and his was an old one, worth less? - A. Yes.

Q. Were there many people in the room besides you? - A. There were only myself and the landlord's son, the landlady was getting her tea.

Q. The landlady told you of your hat; she is not here? - A. No; she saw him go out of the back door; the son is here.

- sworn - I am the landlady's son; the prisoner came in between five and six o'clock, and had a pot of beer.

Q. Did you know him before? - A. Yes.

Q. Did he use to frequent your house? - A. Not very often.

Q. What is he? - A. He goes to sea, and he was here last sessions; he was sitting in the box, my mother was drinking her tea in the kitchen, he slipped out of the back door; my mother said to Jem, where is your hat?

Q. Did you see that any hat had been taken away? - A. No; only my mother had suspicions.

Q. Did you see the prisoner take up the hat? - A. No, my mother did; I saw him putting it on his head to try if it would fit him.

Q. How far had he got from your house then? - A. About sixty or seventy yards.

Q. Would the hat fit him? - A. No.

Q. Did he see you when he was fitting it on? - A. I do not think he did, I ran with James Lee .

Q. How far were you from him when you saw him fitting the hat on? - A. Not above two yards from him; Jem asked him what reason he had to take the hat off the table; he said it was his own; Jem said, it was his property; then after that, he offered in the street to give his watch to let him go.

Q. James Lee would not let him go? - A. No; he brought him to our house again.

Q. Had he been drinking any more than one

pot? - A. No; he had no more than one pot in the house.

Q. Had he been alone? - A. No; he came in with two girls, who drank out of the pot, they went out again.

Q. How long had they been gone? - A. About five or ten minutes; this is the hat.

Prisoner's defence. It is all spite and malice; the day that the prosecutor says the robbery happened, I was getting a ship into dock; I came to this house about half after five o'clock, I had a pot of beer, and went out of the house again; they swear I took the hat, whereas they came after me with the hat in their hands; I had none but my own hat on my head; they began to hustle me about, there had been two attempts to secure me, I went to the fire-place, and took the fire-shovel, I said, if any man lays hold of me before the constable comes, I will knock him down. Ask my prosecutor if he has not been in the pillory for false swearing.

Q. Have you any body here for your character? - A. Mr. Trott.

JONATHAN TROTT sworn. - I really believe the prosecutor stood in the pillory, that is all they call me for; I never saw the prisoner before.

NOT GUILTY .

First Middlesex Jury, before Lord Ellenborough.

Reference Number: t18051030-37

695. MARY LEDGER was indicted for feloniously stealing, on the 24th of October , five shirts value 20 s. six cravats, value 6 s. and a pair of pantaloons , the property of Henry Kinsent .

SARAH KINSENT sworn. - I live in Greville-street, Hatton-garden : On Monday the 21st of October, the prisoner came to live with me as servant .

Q. Had you a character with her? - A. She was recommended to me as a sober, honest, unmarried woman, by a person I knew; I had not a character with her from the person she lived with last. On the following Thursday I received some information from my nursery-maid, Cecilia West , that she was going out without my leave; I stopped her as she was going out.

Q. Was she to have asked your leave always when she went out of your house? - A. Mostly, in general they do. I asked her where she was going to, she told me she was going to see a friend; I asked her what friend, she said that was nothing to me; after a good deal of conversation, I told her she had property about her that belonged to me; her pockets appeared to me to be very much loaded, that was the reason that I told her so; it was not only an observation from my eyes, but I felt them; I told her she should not go out of the house till I was satisfied what it was; she was rather insolent on the occasion, and I threatened to send for an officer; she told me I might, and if I sent for a proper person, he might search her pockets.

Q. Did she offer to shew you what was in her pockets? - A. No; she then went down into the back kitchen; I told my nursery-maid to follow her, she did so, which led to the detection; in the course of a minute or two I went into the kitchen, and the nursery-maid shewed me the property, two shirts, and a pair of pantaloons of my son's, who is about fifteen.

Q. Where were these shirts when your nursery-maid shewed them you? - A. In a very dirty drawer where they put sand; I always kept them in my drawers in my chamber.

Q. Can you say when you had seen them there before? - A. On the Sunday before.

Q. Did you keep these drawers locked? - A. No, they were not locked. I have since found a shirt pledged at the pawnbroker's for 4 s. I knew it to be my husband's shirt; I had her taken into custody, and the things were delivered to an officer.

CECILIA WEST sworn. - Q. You are the nursery-maid of Mrs. Kinsent? - A. Yes; on Thursday I met the prisoner on the stairs, I was going up, and from her appearance I followed her down, I had suspicions as she passed me, seeing her pockets loaded, I went and informed my mistress; Mrs. Kinsent was in the parlour.

Q. Which way was the prisoner then going? - A. Going down into the kitchen; my mistress called her up into the passage.

Q. You followed her into the kitchen? - A. I did; I then came up and informed my mistress.

Q. You had suspicion from the observation of her pocket being loaded? - A. Yes; I knew no more than her pocket appeared to be very much loaded; my mistress detained her in the passage, and after a good deal of conversation, my mistress told her she had something more about her than belonged to her, that she should not go out of the house till she was satisfied; and when my mistress talked of sending for a constable, she went down stairs; I followed her by my mistress's desire; on her going into the back kitchen, she went behind the door, I saw her take something from under her gown, what it was I cannot say; from there she went to a dresser, I heard her open and shut one of the drawers; I went to the drawer immediately, the prisoner was then leaning over the drawer, it was shut, and I opened it; she said there was nothing there; I found two shirts, and a pair of pantaloons, this was in the back kitchen; my mistress was in the front kitchen at the same time, I took them to my mistress, I told her I believed that to be the property she had about her, and that the prisoner had put them there; my mistress looked at them, I know no further; it was a drawer where there was nothing but sand kept.

Q. (To Prosecutrix). These two shirts, and

the pantaloons were kept in your drawers, in your chamber? - A. Yes; I have missed several other articles since.

WILLIAM HEWITT sworn. - I am apprentice to Mr. Armstrong, pawnbroker, in Baldwin's-gardens. I produce a shirt pledged by the prisoner at the bar, on the 23d of October; I lent her 4 s. on it, she said she brought it for herself.

WILLIAM CHAPMAN sworn. - I am an officer of Hatton-garden; I received these things I produce from Mrs. Kinsent, at the time I took the prisoner into custody.

(The property identified by the prosecutrix.)

Q. (To prosecutrix.) After these two shirts, and the pantaloons were delivered to you by the nursery maid, whether you observed any different appearance in the bulk of the prisoner? - A. I did so, she was less a great deal, I took particular notice.

Q. You found no cravats? - A. No.

Prisoner's defence. I am very much injured, and there is many things laid to my charge that I am not deserving of.

GUILTY , aged 34.

Transported for seven years .

First Middlesex Jury, before Mr. Baron Thompson.

Reference Number: t18051030-38

696. FRANCES ESTCORT was indicted for feloniously stealing, on the 14th of October , two pair of breeches, value 10 s. and a jacket, value 2 s. the property of Charles Beard .

CHARLES BEARD sworn. - Q. You are servant to Mr. Currie? - A. Yes, I drive a cart, I lodge at No. 10, Gilbert-street, St. George's, Bloomsbury. On Monday the 14th of October, I lost two pair of breeches, and a jacket.

Q. Did the prisoner live in the house? - A. No, I have seen her three or four times, she was an acquaintance of the landlady of the house.

Q. How long had you seen these things before they were lost? - A. On Sunday evening, I missed them between the hours of eight and nine in the evening, when I was going to bed.

- WHEATLEY sworn. - I am servant to Mr. Beckford, a pawnbroker; I produce a jacket and two pair of breeches; I received them from the prisoner in pawn, on the 14th of October last, between six and seven in the evening; I lent her 15 s. on them, 10 s. for one parcel, and 5 s. for the other.

JOHN WHITEHEAD sworn. - I am a constable, I and the beadle searched her pockets, and found a duplicate on her for a pair of breeches, pawned for 10 s.

(The property identified by the prosecutor.)

GUILTY , aged 52.

Transported for seven years .

First Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18051030-39

697. JOSEPH HERNSBY was indicted for feloniously stealing, on the 28th of October , fifty pound weight of iron, value 5 s. the property of William Green .

WILLIAM GREEN sworn. - I am a wheelwright , the prisoner at the bar worked for me.

Q. Do you remember at any time observing any thing particular of his conduct? - A. I was informed, that he was a man of suspicious character. I saw him standing at the back part of the forge, I thought I observed him putting something in his breeches, I followed him out, he took his handkerchief with his dinner, and went up White Horse-street; I called my second son, and desired him to follow him, I thought he had some iron about him. In consequence of his watching him, I went into Stepney church-yard, where I saw some iron deposited; it was put behind a tomb-stone, at the chancel end of the church, and covered over with nettles. He left it there, I thought of taking the iron away, and not taking any more notice of it; I sent my son to take the iron away, when he returned, he told me, there was treble the quantity; I then said let it remain, and we will watch him. At seven o'clock, I lighted him out with the rest of the men, I followed behind him a few yards all the way, I got amongst the tombs till I heard the iron jingle, and in about two minutes he came on the proper path, I immediately collared him, and said, master Joe, what are you at, says I, you are serving me your old tricks, he said, oh, master do not hurt me, I said, where did you get this, he said, master, you know where I got it, it is your property; I hope you will not hurt me, he began to feel in his pockets, I was fearful he was feeling for a knife, I held him by both wrists, I called out, and my son George came with a watchman, then we took the iron from him, some out of his bosom, some out of his pockets, to the weight, I believe, of fifty pounds; I saw this piece lay behind the forge that afternoon, I put it down again, this was taken after I had seen some at the tomb-stone, and this I found about his person.

CHARLES GREEN sworn. - Q. Did you watch in consequence of your father's orders? - A. Yes, I saw him in the church-yard, he pretended to read the tomb-stones, he went further on, and deposited the iron between the wall and the tombstone, and then he covered it with nettles; I went again at four o'clock in the afternoon, to shew my father the iron, and at seven o'clock, when they left off work, my father, I, and my brother followed after him; we stowed ourselves behind three tomb-stones, where he could not see us; first of all, I saw him take the iron from behind the tomb-stone, I turned my head towards my brother, and he was gone, my father called out; I then went and fetched the watchman.

Q. Did you see the man with the iron about him? - A. Yes, I saw him pull it out of his waistcoat, my father has kept it ever since, till last night.

Prisoner's defence. This is the first offence I ever committed. I leave it to the mercy of the Court.

GUILTY , aged 50.

Transported for seven years .

First Middlesex Jury, before Lord Ellenborough.

Reference Number: t18051030-40

698. ANN COOPER was indicted for feloniously stealing, on the 21st of September , a cloak, value 1 l. 5 s. the property of Edward Buttenshaw , privately in his shop .

SARAH BUTTENSHAW sworn. - I am the wife of Edward Buttenshaw, my husband is a haberdasher and lace-man ; we live at No. 130, in the Minories. On the 21st of September, about five o'clock in the afternoon, I observed the prisoner at the bar attempting to take a cloak that hung at the shop door, I watched her for near twenty minutes; she then perceived me, and she went away. I went and looked to see if all was safe, they were. I looked out to see if I could see the prisoner, I saw no one; I then went up stairs, and in about ten minutes, I was called down, one of my young women was bringing the prisoner in; she struggled a good deal, I went out and laid hold of her arm, and pulled her in; the cloak she had got under her gown; when we took it from her, she was trying to take this mark off it; I knew the cloak to be mine, it had my mark; I sent for a constable, and took her into custody.

SARAH ANN MOORE sworn. - I was apprentice at that time to Mr. Buttenshaw. On the 21st of September, about five o'clock in the afternoon, I was sitting behind the counter at work, I heard a rustling among the cloaks, when I went round to the door, I missed the cloak, and saw the prisoner crossing the way; I went up to her, I said good woman you must come along with me, she gave me a push and endeavoured to get away; I said you must come along with me, she gave me a push, and endeavoured to get away, I said you must come with me, she returned back with me; in the mean time, Mrs. Buttenshaw was then called down; I then endeavoured to take the cloak from her.

Q. You saw the cloak, did you? - A. Yes, I perceived she had got it, and she was endeavouring to take the mark from it; I took it from her.

FRANCIS KINNERSLEY sworn. - I am a constable, on the 21st of September, Mrs. Buttenshaw sent for me, she said she had been robbed; the prisoner was in the shop. I produce the property.

Prosecutrix. This is my cloak; the private mark is my own hand-writing.

Prisoner's defence. On Saturday morning that affair happened, I was met by a person that told me she was going to Walworth to her husband; she asked me if I would write her a line, I should have a glass of any thing to drink; it was very wet and very rainy; as I came from Whitechapel to the Minories, we there both of us went into a gin-shop; she called for a glass of peppermint; I wrote her there a few lines; we then each of us had a drop of gin; she told me to stop at the gin-shop door; I was very wet; she was not gone five minutes from me; she went across the street, and returned to me; she gave me this cloak, and said, get me half-a-guinea on it, and meet me at the Seven Stars in Rosemary-lane; I had not got into the middle of the street before a young woman took it from me; she says, mistress, what is this you have got? I told her I did not know; she says, it is our cloak, you must return; accordingly I returned into a house with this gentlewoman, into a house in the Minories; the woman went off that gave me the cloak; I could not see her again; and not making a practice of taking so much liquor, it got rather the better of me; indeed, if it had not, I should not have taken any thing from any body in the street.

Q. (To Prosecutrix.) When you saw this woman at five o'clock in the afternoon, did you see any body else with her? - A. No; I am positive this is the woman I saw.

GUILTY , aged 25.

Confined one month in Newgate , and fined 1 s.

London Jury, before Mr. Recorder.

Reference Number: t18051030-41

699. CHARLES DONOVAN was indicted for feloniously stealing, on the 16th of October , eight pieces of handkerchiefs, value 4 l. the property of John Torry .

JOHN TORRY sworn. - I am a West-India merchant , Sion-gardens, Aldermanbury : On the 21st of October the prisoner was seen in my accompting-house.

HELENA GIBSON sworn. - I am servant to Dr. Clark, No. 2, Sion-gardens, Aldermanbury: The prisoner cleaned boots for some of the gentlemen in the house; I had suspected him before; on the 21st of October he came in for the boots and things to clean for some of the gentlemen in the house.

Q. What is it a lodging-house? - A. Yes; there are gentlemen boarders there; Dr. Clark keeps it; Mr. Torry's accompting-house is at Dr. Clark's; the prisoner came there about a quarter before eight in the morning, he had a basket, which I saw him put at the foot of the stairs; I saw him look into the accompting-house; I asked him what he wanted; he said, nothing; and directly after I looked round, I missed him; I went into the accompting-house, there I saw him; he had taken the cloth from the chest and opened it; he had an handkerchief-piece, and was putting it in his pocket; I took the piece from him and put it on Mr. Torry's chest again; I asked him what he meddled with Mr. Torry's property for; he said that he sold the same goods, and that he wanted to see what number

they were; I asked him why he did not come when Mr. Torry was in the way, and he would shew him the number; he said, he would not; I acquainted the gentleman when he came; he did not lodge in the house.

Q. He left the handkerchiefs? - A. Yes; and folded them in the same chest again.

Q. Did he take the handkerchiefs completely out? - A. He did take them completely out of the chest; he went home, and came the next day as usual to clean his master's boots and shoes.

Q. Who is his master? - A. Mr. Kenningham.

Q. Had he any thing to do in this accompting house? - A. No, nothing at all. He came the next day, and went up stairs to clean his master's boots and shoes; the officer was there before him, and as he came down stairs, Mr. Smith took him; he made his escape from them all; they ran after him, and took him in the street again.

Prisoner. The woman herself called me to clean the windows, and I desired her to hand me the cloths; she told me to come at five o'clock to clean the windows before the master was up; the windows were so dirty, she said, she was afraid the master would make a noise, she was there herself when the things where taken out of the chest; she said to me, this old b - has got all these things here, and he would hang his father; she helped to move the box herself to clean the windows, she said, for God sake put them away when she was shewing them me.

GEORGE ADAM SCALES sworn. - I am servant to Mr. Peart, pawnbroker, in Knight Rider-street: On the 16th of October, about one o'clock, the prisoner offered these eight pieces of handkerchiefs to pledge, I lent him 1 l. 12 s. on them; he said, he brought them for his master, James Anderson , No. 2, Broadway Black-friars; I asked him his own name, he said, his name was Charles Thompson ; I am sure the prisoner is the man.

JOHN SMITH sworn. - I am an officer, I received information at the Mansion house, that at No. 2, Sion-gardens, there was suspicion of a black man stealing a quantity of handkerchiefs, and that they expected he would come the next day between seven and eight o'clock, as usual; I went to the house, and he was there; I took him into custody; on searching him, I found three duplicates in his pocket, one for eight pieces of handkerchiefs, pledged for 1 l. 12 s. on the 16th of October; I went the same evening to the pawnbroker's; the prisoner confessed to me where he had sold a number of whole pieces of handkerchiefs, and he told me; if Mr. Tory would forgive him, he would make the property good, if he would give him time. I produce the property.

John Torry. I cannot swear they are mine, they are similar to what I lost. I lost handkerchiefs of that description and quantity; I had no private mark of any kind.

Q. What do you believe? - A. I believe they are mine, I am perfectly sure I have lost that quantity. I have lost thirty-eight pieces of handkerchiefs, and one piece of muslin.

Q. And this you believe to be part of those thirty-eight pieces? - A. I do; I counted them over, and there were thirty-eight pieces deficient; I really believe they are mine.

Q. Had the prisoner any thing to do for you? - A. He never was employed by me; I never remember having seen him before.

Q. Are these for West-India consumption? - A. Yes; they are not much used at home.

Prisoner's defence. When first he took me up, he said, he lost a piece of sprig muslin; when he came before the Lord Mayor, it was plain muslin, then he said, he could swear to it, now, he says, he believes it is his.

NOT GUILTY .

London Jury, before Mr. Recorder.

Reference Number: t18051030-42

700. CHARLES DONAVAN was again indicted for feloniously stealing, on the 4th of October , sixteen pieces of handkerchiefs, value 4 l. the property of John Torry .

JOHN TORRY sworn. - Q. You are a West-India merchant ? - A. I am, my counting-house is in Sion-gardens, Aldermanbury .

Q. Did you loose any pieces of silk handkerchiefs in October last? - A. I did, I lost sixteen out of a chest in my counting-house.

FRANCIS KINNERSLEY sworn. - I am an officer: On the 4th of October, about twelve o'clock in the day, I was sent for by Mr. Jones, who keeps an old cloaths shop in Rosemary lane; the prisoner at the bar had brought him sixteen pieces of handkerchiefs, and offered them for sale; Mr. Jones thought they were not come honestly by; he immediately sent for me; as soon as I came into the shop he said, this man has offered these handkerchiefs for sale at a reduced price; I enquired of the prisoner, in what manner he came by the property; he said, that he came over from abroad, and about three months back he changed them there for hardware, and he could not get a market for them in the island (he mentioned the name of the island but I have forgot it), so he was obliged to bring them to begland. I told him he must go along with me; when we came out at the door he said, you have no occasion to lay hold of me, I will go quietly enough with you, and I will tell you the whole truth; I am employed by a merchant in Finsbury-square, who has given me the property to dispose of for him; he begged very hard for me to go to see his master; I enquired of him, what he was there;

he said, he was in the habit of cleaning and blacking shoes: I told him I would indulge him so far as to go to his master; he begged, at the same time, that I would not go in at the front door, because his master was an elderly gentleman and a Member of Parliament; he did not wish for him to know any thing of the business; that he would go in at the back door which leads into the counting-house; and he would call his young master; but I told him, the secret could be no great deal if he told me a true story, he need not be ashamed for me to hear him, as I would insist upon hearing the conversation; he then beckoned with his finger at the glass door, and the gentleman came out to him. I enquired of the gentleman whether he knew the prisoner at the bar; he said, yes, he had blacked shoes for him about a fortnight; I asked him if he had given him any property, producing the property which was under my arm; he replied, no, he had brought them up to him in the handkerchief as they were then, to sell to him in the morning; he said, he told him he would have nothing to do with him nor his handkerchiefs, for he verily believed they were stolen; I told the gentleman I had no further occasion with him for the present; immediately I went about my business, leading the prisoner to the Mansion-house; and as we were coming through the quarters of Moorfields, he said to me, I will give three or four of the best pieces if you will not state what this gentleman has been saying, alluding to his master; I said, very well; I took him to the Mansion-house and stated the case as I have now stated it; he was in confinement a week for want of an owner; when I took him to the Mansion-house there was so much obstruct on with him that I did not search him till I took him to the Compter; I searched him there and found three duplicates on him; one is for twenty four handkerchiefs at Mr. Harris's, No. 145, Fleet street, in the name of Brown, for twelve shillings; the next is Mr. Parker, No. 174, Fleet-street? he pawned there, on the 28th of September, a piece of muslin, ten yards and a half, in the name of Brown, for twelve shillings, and another duplicate at Mr. Fleming's, Fleet-market, in the name of William Williams; he told me he brought that property from abroad, and he did not like to dispose of it till he thought proper. I produce sixteen pieces.

Prisoner. He says, I offered him four of the best pieces coming through the square; I never offered any such thing.

Kinnersley. I positively declare he did.

Q. (To prosecutor.) Do you believe them to be your property? - A. I do.

Q. You were in possession of such goods and you have lost such? - A. Yes.

Prisoner's defence. They are Mr. Torry's goods; she knows that she took them out of the chest to shew me, more than that she said, I will do that gentleman before I go yet.

GUILTY , aged 18,

Transported for seven years .

London Jury, before Mr. Recorder.

Reference Number: t18051030-43

701. HYAM WESLEY was indicted for feloniously stealing, on the 5th of October , seventeen pounds weight of coffee, value thirty shillings , the property of the United Company of Merchants trading to the East Indies .

Second Count. For like offence, laying it to be the property of persons to the Jurors unknown.

(The case was stated by Mr. Knapp.)

WILLIAM HAINES sworn. - Examined by Mr. Knapp. I am foreman to Mr. Cleaver, a master carman.

Q. You belong to the Phoenix Fire-office? - A. Yes; my master finds the horses and I drive the cart.

Q. Did you see the prisoner at any time in Thames-street? - A. Yes, he was with William Clarke 's cart; I was standing upon the counting-house steps of Ralph Quay ; I looked towards this young man that was loading his cart; I thought, by his proceedings, that he was doing that which was not right; I saw him in the middle of the cart and the bags of coffee were on each side, and another cart that was along-side of it was empty; there were three men in the empty cart, and they swore at him and told him to have done, there was somebody looking at him; he stooped down towards the middle of the cart, seemingly to take hold of the nose-bag (the corn-bag for the horses); he stood up again, and they swore to him to be easy, he stooped and took up the bag and put it into the basket; Dixon the bagman, belonging to the East India Company, directly got up the near side of the cart upon the load of coffee; he looked about to see where the place was cut or tore, and he looked at Wesley in the face; the prisoner then took the bag and the basket and dragged it in his left hand round the top of the load of coffee; he came towards the centre of the cart, then he was going to take the nose-bag out of the basket; Mr. Dixon took hold of it as he was going to drop it in the place from whence he took it; then he went forward and jumped upon the horse's back and from thence on the ground and ran away.

Q. You knew Wesley before? - A. Yes, from a child.

Q. Therefore you know he was the person that was with the cart? - A. Yes, he was the person and no other; he was loading most of the goods towards the tail of the cart.

Q. Was that the usual way of loading? - A. No, because it was the way to make the horse hang up.

Q. Did you see the bag afterwards? - A. There was a piece of work on the quay; I got up from

where I sat; I went to the gentleman and gave information.

Q. You communicated it to Mr. Brookes, did you? - A. Yes.

Cross-examined by Mr. Gurney. Q. What was your employ at that time? - A. I was looking after Mr. Cleaver's carts, he has sixteen or seventeen.

Q. You do not mean to say that you saw him take any thing out of any bag, but that you saw him stooping? - A. That I am sure of.

Q. You say the prisoner was loading the cart and no other person - did you see his person where you were either sitting or standing at the steps; were you looking at him the whole time of the cart being loaded? - A. I was not always looking at him; I kept my eye on him.

Q. Do you mean to say that there was no other person assisting in loading that cart at that time? - A. Yes.

GEORGE RAMSEY sworn. - Examined by Mr. Knapp. Q. Are you one of the Custom-house officers? - A. Yes; I am a cart follower.

Q. Your duty is to follow the cart after it is loaded to the place where it is consigned to? - A. Yes, to see that it is not robbed.

Q. On the 4th of October were you at Ralph-quay? - A. I was.

Q. That is the quay belonging to the East India Company? - A. Yes.

Q. Did you see a cart of Mr. Clarke's loading that day? - A. Yes, I was in the care of it; the East India hoy was there; the prisoner at the bar was loading the cart, there was only him with it; I cannot say whether he was the driver of it; I saw him take the nose-bag out of the body of the cart and put it into a basket; immediately I had a suspicion that some of the bags had been cut; I enquired for the bag-mender, Davies, I told him to go up into the cart and see whether the bags had not been cut; immediately Mr. Dixon got up into the cart, the prisoner moved the hay-basket from one side to the other, I having told Davies to look in the basket; Mr. Dixon got hold of the basket and he gave me the nose-bag out of it, and I carried it to the land-waiter.

Q. Did you see what that nose-bag contained? - A. Yes, we weighed it; it contained seventeen pounds of coffee, bag and all.

- DIXON sworn. - Q. You are the bag-mender belonging to the East India Company - were you employed at the quay next to Ralph-quay on the 4th of October? - A. Yes; I was sent for the purpose; I got on the top of the cart; I observed the prisoner at the bar move the basket to the further side of the cart, then when I got up he moved it again; I then could see the coffee in the bag that was in the basket; I went and took it out of the basket; the prisoner wished me to leave it in the cart; I said, it could not be done in that manner, it must go to the land-waiter; the prisoner then jumped out of the cart and ran away. That cart was unloaded, and the coffee loaded in another cart, and then I found that the corner of a bag had been cut, and the hole stopped with hay; I sewed up the hole, and the King's number was taken, and that bale was marked and put by in the East India Company's warehouse.

- BROOKES sworn. - Examined by Mr. Knapp. I am a clerk in the service of the East India Company at Ralph-quay; having received information, I went to Ralph quay, there I found the cart loaded but no driver; I called the driver several times but no driver appeared; I ordered another cart and directed the men to send that cart to the Green-yard, by doing which I knew I should find who was the driver. On unloading the cart I saw a bag that had been cut, and the hole was stuffed with hay; I directed it should be re-weighed; the nose-bag full of coffee was then in possession of the constable; I saw it and had it weighed; it was the same sort of coffee as was in the bag where he had took it from; the quantity of coffee found in the bag was seventeen pounds, bag and all, the weight of the bag that was cut was 300 lbs. and a half, making a deficiency of seventeen pounds; the nose-bag made it up; there had also been a bag in the former load of the same description.

Cross-examined by Mr. Gurney. Q. What time of the day was this? - A. About one o'clock.

Q. The prisoner came to the wharf to you and afterwards he went to the Mansion-house without being in custody? - A. No; there was an officer ready; he came with his master about one o'clock.

WILLIAM CLARKE sworn. - Examined by Mr. Knapp. You are a carman employed by the East India Company as well as others? - A. Yes.

Q. Was your cart employed on the day the prisoner was taken? - A. Yes.

Q. The prisoner was the driver of that cart that day? - A. That was not the cart that he drove.

Court. Q. He was on the spot? - A. Yes

Mr. Knapp. Q. Did you apprehend him? - A. I laid hold of him, and he came with me; I asked him if he was guilty; he said no, he knew nothing at all about it; he went with me, I did not apprehend him.

Cross-examined by Mr. Gurney. Q. How long have you employed him? - A. About two months; he behaved always very honest as far as I knew.

- STEPHENSON sworn. - Examined by Mr. Knapp. I am a constable; I produce a nose-bag.

Q. From whom did you receive it? - A. From the land-waiter when I went down the quay.

Q. Does it contain coffee? - A. Yes.

(To Mr. Brookes.) Q. Have you seen the coffee? - A. Yes.

Q. Does it correspond with that taken out of the bag? - A. It does.

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

GUILTY, aged 17.

The Jury recommended him to mercy on account of his youth and exceeding good character .

Confined one week in Newgate and fined 1 s.

London Jury, before Mr. Recorder.

Reference Number: t18051030-44

702. THOMAS BRACE was indicted for feloniously stealing, on the 29th of October , seven pounds weight of hemp, value 3 s. the property of Lawrence Dunn .

LAWRENCE DUNN sworn. - I live at No. 21, Sun Tavern-fields, Wapping ; I am a ropemaker : On the 29th of October, about five o'clock in the morning, I was in my premises to watch, having been frequently robbed; about half an hour after five I heard a noise at the bottom of the ground, of breaking the pales; about two minutes after that I saw the prisoner come walking up the ground; I watched him into the wheel-shed, and there I saw him collect some pieces of hemp together and lay them on the ground; he was in the act of putting the first piece into the bag when I seized him; I took him to the watch-house; I produce the hemp; he had got a large piece in his right hand and the bag in his left hand.

Q. How far had he moved it from where he had taken it? - A. It hung up in the shed in various parts; the bag I returned to him by order of the Magistrate.

Q. That is your hemp? - A. It is.

Prisoner's defence. He never saw me take any thing; he cannot say I ever took any thing away.

Court. Q. He says you had removed it from where it was - what business had you there? - A. I got in there and laid upon that hemp and was going to put it up again.

GUILTY , aged 56.

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

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18051030-45

703. JOHN-FREDERICK MECKINDORFF was indicted for feloniously stealing, on the 29th of October , a saw, value 4 s. the property of John Day .

JOHN DAY sworn. - I am a carpenter ; I was working in the City-road on Tuesday, the 29th of October, I left my saw in the premises where I was at work, while I went to dinner; when I returned a lad told me it was stolen; I looked for it and it was gone.

MICHAEL WINDER sworn. - I am a constable: On Tuesday, the 29th of October, I took the prisoner into custody about half an hour after twelve o'clock; he had the saw in his possession; he said he was in distress and that made him do it; I searched the prisoner and found four shillings about him. I produce the saw.

Prosecutor. That is my saw.

GUILTY , aged 35.

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

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18051030-46

704. JOHN CHILTON was indicted for feloniously returning to this kingdom before the expiration of the term for which he was ordered to be transported .

EDWARD SMITH sworn. - I produce the certificate of the conviction of John Chilton , the prisoner at the bar, which I received at Mr. Shelton's office; I saw Mr. Shelton sign it.

"These are to certify, that at the Session of the Peace Oyer and Terminer and Gaol Delivery of Newgate for the City of London, and also for the County of Middlesex, holden at Justice Hall in the Old Bailey, on Wednesday, the 26th of October, in the thirty-second year of His Majesty's reign, before His Majesty's Justices then present, John Chilton was, in due form of law, tried for that he, on the 22d of October, with force and arms, in and upon George Hayes feloniously did make an assault, and three pieces of gold coin called half-guineas, the monies of the said George Hayes , he feloniously did steal and carry away, whereupon the Jurors found him Guilty of Death; His Majesty was graciously pleased to extend his royal mercy to him, the said John Chilton , who was ordered to be transported to New South Wales for and during the term of his natural life." - Signed; John Shelton .

JAMES ALPORT sworn. - I am turnkey of Newgate: In October Session in the year 1791, the man at the bar, John Chilton was convicted of a highway robbery; I was present at the time sentence was passed on him; I can swear to the man, he was shipmate with me on board the same ship I was in; I was under servant in the gaol at that time; I have been in the habit of drinking with him several times.

Q. You have no doubt he is the John Chilton who was convicted in October Session in 1791? - A. Exactly so.

Cross-examined by Mr. Knapp. Q. You say he was a shipmate of your's? - A. Yes.

Q. Did you happen to know whether he has been on board a ship since he has been at large? - A. I have heard that he has.

Court. Q. You do not know it of your own knowledge? - A. I do not.

THOMAS GRIFFITHS sworn. - On Wednesday, the 9th of this month, I was in company with John Nowland and Edward Smith , two brother officers, at the Castle in Quaker-street, in the parish

of Christchurch Middlesex; when we went into the Castle I saw the prisoner, John Chilton , smoaking his pipe in the tap-room.

Q. Did you know him before this time? - A. No, only by the description that I received of him: I called to him; he came into the passage and asked us what we wanted of him; my brother officers came up, and he begged to go backward to the landlord in the parlour to speak to him, before we took him away; I then told him we had an information against him for returning from transportation before his time; I then asked him if he had any thing to shew that he had any conditional pardon that he should be at large; he said, no, he had none, and that he was transported to Botany Bay.

Q. Had you said any thing to him to induce him to confess all this? - A. No; he said that he staid there five years, or thereabouts, and then he got away and went on board a ship; I believe he mentioned the names of different ships that he had been on board of, but I cannot recollect; some were ships of war and some Indiamen.

Cross-examined by Mr. Knapp. Q. Have you, in consequence of what he told you, made any enquiry respecting his having been on board ships of war? - A. Yes.

Q. And you found it to be true? - A. Yes, we did; we found that, upon enquiry to be true; I believe there are people here to prove it.

Q. I think you told us, Griffiths, that he left Botany Bay after he had been there five years? - A. Yes.

Q. Did he not say with the consent of the Governor of Botany Bay? - A. I do not recollect that he said that.

- NOWLAND sworn. - I know no more than being in company with Griffiths and Smith, and apprehending of him.

Court. Q. (To Alport.) Do you remember the prisoner being delivered in order to be transported? - Q. I do; I remember his going; I have seen the man five years ago and shook hands with him; he asked me to drink, I said, no; I wished the man well.

Q. Where did you see him - on board a ship? - A. When I went down to Portsmouth with some convicts; he was on shore; he came in the frigate's boat.

Q. Do you recollect the name of the frigate? - A. I do not.

Prisoner. The Diana.

Alport. This was about five years ago, he appeared to me to belong to a King's frigate.

Q. Do they come on shore to do duty? - A. Yes, frequently they do for water, or any thing they want; I wished him well; I said, Jack, do not speak to me.

Prisoner's defence. (Read in Court.) The prisoner, John Chilton , failed from Botany Bay on on the 9th day of May, in the ship Britannia, for Bengal, where the prisoner entered into the pilot's service; he shipped himself on the 6th of October, 1795, on board the ship Minerva, in which ship the prisoner failed for England, and left her in August, 1796. He entered on board the Diana, Captain John Faulkener , in which ship the prisoner remained, and was on board when the Diana was sent off during the mutiny. It certifies, that after the Diana was sent off, the prisoner was sent on shore to make a hawse fast to steady the ship; the ship was struck against a rock, and the prisoner was, entirely through that, sent on shore on the Cove of Cork; the 16th of October, 1797, he returned to England to receive prize-money of the Diana. He entered on board His Majesty's ship, the Druid, in 1798, and failed in her in three expeditions; he was discharged in 1800. Then he returned to London and went on board the Lord Nelson, an Indiaman, as quarter-master, in which ship the prisoner sailed for Bengal, and which ship felt in with the Bellona, a French privateer; the Lord Nelson engaged her two hours and a quarter, and during the time of action every man was wounded, except the boatswain, on board the Lord Nelson; the prisoner was wounded in his hip, and shot in his body and right arm; and two days after we fell in with his Majesty's ship, - , she was then retaken, and fourteen days after the Lord Nelson was taken by the French, she was brought into Plymouth. On the prisoner coming to London he was taken into the Infirmary, where he was under the care of Sir William Wilder , till he was cured of his wounds, but he has never recovered the use of his right arm. He went out in the ship Lord Nelson again, which sailed to Bengal, and returned in September last from Bengal as quarter-master; he has always conducted himself in the time of action with gallantry and bravery.

CAPTAIN WILLIAM RAVEN sworn. - Examined by Mr. Knapp. Q. You commanded the Britannia? - A. Yes.

Q. When did the prisoner come on board your ship? - A. I really cannot exactly tell, I believe about nine or ten years ago.

Q. From where did you get him? - A. He was found stowed away in my ship.

Q. What was your ship? - A. She was a store-ship from Port Jackson to England.

Court. Q. When was this? - A. In the year 1795.

Q. You found him stowed away on board your ship? - A. Yes, about three days after we got from Port Jackson; he staid with me till we reached Bengal.

Q. What was the length of time he was with you? - A. About three months.

Mr. Knapp. Q. Was he in any capacity on

board your ship? - A. He did the duty of a foremast man after we found him.

Q. How did he conduct himself? - A. Extremely well; indeed I never saw a man behave better in my life, and the circumstance that caused me to mark his conduct above the rest of the people was, we were without provisions almost, for about three weeks, on the north coast of New Guinea, when the rest of the crew were murmuring, and seemingly inclined to mutiny, I never heard a syllable of discontent from this man all the time.

Q. Did he stay with you during the rest of your voyage? - A. He staid with me till I got to Calcutta.

Q. Do you know where he went then? - A. I believe he went on board an Indiaman.

Prisoner. I went in the Minerva, Captain Smith.

Q. (To Captain Raven .) There was an India ship there, was there? - A. I failed in company with the Minerva in the Madras Roads.

Prisoner. We parted with the Britannia off the Island of Ceylon.

- WALLIS sworn. - Examined by Mr. Knapp. Q. Were you mate of the Lord Nelson? - A. Yes.

Q. What was she? - A. An Indiaman; I was mate the last voyage and the voyage before.

Q. Did you know the prisoner on board your ship? - A. Yes.

Q. When did he first come to your ship - do you recollect? - A. About four years and a half ago.

Q. What capacity did he maintain on board your ship? - A. He was a quarter-master.

Q. Did any thing happen to your ship in the course of your first voyage? - A. We had an action with the Bellona, a French privateer of twenty-six guns.

Q. Was your Indiaman attacked by the Bellona? - A. Yes, we were.

Q. Was the prisoner on board during the action? - A Yes.

Q. Did he conduct himself well? - A. Yes, very well; for which reason he was in our last voyage; he was wounded in his arm.

Q. During the time of the action, with respect to his gallantry and with respect to his conduct, was it extremely good? - A. Yes.

JOHN SHORT sworn. - Examined by Mr. Knapp. Q. Were you a commissioned officer on board the Lord Nelson? - A. No, I was a non-commissioned officer; I was in the first voyage; I was there during the action with the Bellona.

Q. Do you speak the same as the rest of the witnesses, that he got wounded and behaved extremely well? - A. Extremely well.

DANIEL HARROW sworn. - Examined by Mr. Knapp. I was a passenger; I remember the prisoner on board the Lord Nelson.

Court. Q. He behaved himself extremely well and gallantly? - A. He did.

Q. Is there any body here that knew him on board His Majesty's ships.

Mr. Knapp. I understand he lost his certificate on board the ship in consequence of the action.

GUILTY, Death , aged 62.

The Jury recommended him to mercy on account of his general good conduct since the time he left Botany Bay .

First Middlesex Jury, before Mr. Baron Thompson .

Reference Number: t18051030-47

705. WILLIAM WILLIAMS was indicted for feloniously stealing, on the 5th of May , a door, value 20 s. part of a partition, value 10 s. two hundred tiles, value 8 s. four Yorkshire stones, value 40 s. three iron bars, value 3 s. ten leaden weights, value 20 s. four window-frames, value 40 s. and two battersea-bricks, value 2 s. the property of Charles Colvill .

(The indictment was read by Mr. Gleed, and the case was stated by Mr. Knapp.)

The Court being of opinion it was not the subject of a criminal charge, but that it was a civil injury, as a felony consisted in stealing a personal chattel, whereas this was part of the freehold, the prisoner was

ACQUITTED .

Second Middlesex Jury, before Lord Ellenborough.

Reference Number: t18051030-48

706. JOHN HOMESTON and WILLIAM HOMESTON were indicted for feloniously stealing, on the 28th of August , a gelding, value 50 l. the property of Thomas Stokow .

(The case was stated by Mr. Knapp.)

The Court informed the Jury there was no evidence to affect the prisoners, and they were

Both ACQUITTED .

Second Middlesex Jury, before Mr. Baron Thompson.

Reference Number: t18051030-49

707. JAMES COLEMAN was indicted for returning from transportation before the expiration of the term, for which he was ordered to be transported .

JAMES ALPORT sworn. - I am turnkey of Newgate,

"Middlesex. These are to certify that at the gaol delivery for the City of London; and also for the county of Middlesex, holden at Justice Hall, in the Old Bailey, April 24th, in the 45th year of His Majesty's reign, before His Majesty's justices then present; James Coleman was tried for that he, on the 6th of March, in the year aforesaid, about four in the afternoon, the dwelling-house of Thomas Parkinson , feloniously did break and enter, Barnabas Bright and one other person of the family being therein at the time, and one plated tea pot and stand, the goods and chattels of Thomas Parkinson , then, and there feloniously did steal and carry away; whereupon the Jurors of our country did find the said James Coleman guilty of feloniously

stealing to the value of 39 s. only, and acquitted the said James Coleman of breaking and entering; whereupon he was ordered and adjudged by the Court to be transported for the term of seven years, to such place as His Majesty in privy council should think fit to appoint and declare - signed Thomas Shelton ."

Q. (To Alport.) Do you know the prisoner James Coleman , was he the man that was convicted? - A. Yes, exactly so, he had a conditional pardon to go into the army.

Q. That pardon he has broke, he has been found at large? - A. He did go into the army, on the 18th of June; he was delivered to serjeant Moody. The regiment laid at the Isle of Wight.

THOMAS SMITH sworn. - I am the conductor of the patrol, of Bow-street: On the 24th of September, I went on board the Enterprise with two young men; I saw the prisoner there.

Q. What was he doing there? - A. He was standing there as a prest man; I told one of the officers on board, that he had been transported; I detained him, and came up to the Office.

JOSEPH BAKER sworn. - I am a patrol, of Bow-street; I know no further than what Smith has stated; he was taken on board the tender.

Prisoner's defence. I had voluntarily entered; I had the King's pardon to go to the Isle of Wight, in the 10th regiment of foot; I embarked on board the ship to go to Gibraltar; I had two days liberty to go to Portsmouth to buy me articles I wanted; I having four or five pounds bounty, I staid four or five days on shore; I returned to town as the ship had sailed; I went to captain Rixon on board the tender; he rejected me; I was sitting at a public-house: I was pressed, and taken on board the tender, these two gentlemen came and took me.

(His Majesty's conditional pardon to the prisoner read in Court.)

Court. This man has not fulfilled the conditional pardon, you will acquit him, and he will remain under the former sentence, if we can, we will send him to serve His Majesty again.

NOT GUILTY .

Second Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18051030-50

708. SARAH ATKINS , alias SHEARMAN was indicted for feloniously stealing, on the 24th of September , seventy yards of calico, value 3 l. the property of Thomas Powdich , in his dwelling-house .

WILLIAM JAMES sworn. - I am servant to Mr. Powdich, from information I received from Robert Murrell , I immediately went out of the shop, and pursued the prisoner; I overtook her in Gray's-inn-lane; I took hold of her, and she dropped the print out of her apron on the ground, I took it up, it is Mr. Powdich's property; I had seen them in the morning in the shop. I produce them.

Q. What is the value of them? - A. Three pounds ten shillings; Mr. Powdich pays the rent and taxes for the house; he has two houses; Mr. Sands lives in the house, he is the foreman.

Q. It is not Mr. Powdich's dwelling house? - A. No, he does not live there, it is Mr. Powdich's house.

Cross-examined by Mr. Pollock. Q. Do you know where these goods were at the time they were stolen? - A. Yes, they were at the door.

Q. Were they inside or outside of the door? - A. Rather of the inside.

Q. You did not see the prisoner in the shop at all? - A. No.

Q. How do you know the goods are Mr. Powdich's - what mark is there upon them? - A. The ticket I wrote upon them and the print was in the same fold as they were when we put them to the door.

Q. You cannot swear to a fold, you must swear to some mark? - A. They had a ticket upon them of my own writing.

Q. They hung out of the covering of the door, if the door had been shut they would have been outside of that covering? - A. No, the door could not be shut; they were partly inside and partly out; they were on a pile on a chair, they were exactly on the threshold.

ROBERT MURRELL sworn. - I was coming from the city past this door; I saw the prisoner take this print up, but I did not know that she had taken them without leave; she took them off a pile of goods on a chair, the chair was standing at the threshold of the door; I saw her run with them, and saw her brought back.

Mr. Pollock. Q. Was she alone? - A. She was alone.

GUILTY, aged 23,

Of stealing, but not in the dwelling-house .

Transported for seven years .

Second Middlesex Jury, before Lord Ellenborough.

Reference Number: t18051030-51

709. CHRISTOPHER VICKERS was indicted for feloniously stealing, an the 15th of October , nine baskets, value 8 s. and six half-sieve cloths, value 2 s. the property of Richard Wilmott .

(The case was stated by Mr. Gurney.)

JOHN WILMOTT sworn. - Examined by Mr. Gurney. I live at Isleworth.

Q. You are the son of the prosecutor? - A. Yes; my father is a master gardener; I manage the business for him; he has no partner.

Q. Some time before the 5th of October had you lost as many as nine baskets and six half-sieve cloths? - A. I lost a great many at different times.

Q. On Saturday, the 5th of October, were you near the nine mile-stone on the Twickenham road? - A. I was.

Q. Did you see the prisoner in any cart? - A.

No; he had made his escape; I saw a cart detained on suspicion, in the care of Holt, the constable.

Q. Did you search the cart? - A. I did; I found nine baskets and six half-sieve cloths in that cart, belonging to my father, and more of other people's.

Q. How soon after was the prisoner taken up? - A. On the Monday following.

Cross-examined by Mr. Alley. Q. The prisoner's mother carries on the gardening business also? - A. Yes, in the neighbourhood of Twickenham.

Q. You told my learned friend that you lost a great many baskets - when you come to market it is usual to accommodate one another with baskets? - A. No.

Q. Are you so uncivil - when you sell your fruit you part with the baskets, or let them go with the fruit? - A. Yes, but we expect them back again from the fruiterer.

Court. Q. You do not sell your baskets? - A. No.

Q. Do not you often have baskets of others by accident? - A. We once had a little basket.

Mr. Gurney. Q. Is that at all likely to happen with baskets of this description? - A. It cannot happen without the knowledge of themselves with large baskets.

Q. Why may it happen with respect to small baskets and not to large ones? - A. The little ones go into the large ones, whereby we cannot see them till they are taken out.

Q. But large baskets not going into each other the marks remain outward? - A. Undoubtedly.

Q. If by accident a little basket of another person's came into your hands, it is not, of course, the practice of you, taking out their names and putting on your own? - A. By no means.

RICHARD HOLT sworn. - Examined by Mr. Gurney I am a labouring man; I live at Twickenham.

Q. On the 5th of October did you see the prisoner at the bar on the Twickenham road, near the nine mile stone? - A. Yes. between eight and nine o'clock in the morning; he was in a cart, going to London when I stopped him; I told him I stopped him on suspicion of having Sir John Briscoe 's grapes; he directly got out of the cart and said, he should go and fetch his uncle; his uncle never came; he went away.

Q. Did he gave you any account whatever of what he had in his cart? - A. He did not; Mr. Wilmott was there when the baskets were being taken out of the cart.

Q. Were the baskets that were taken out of the cart the same as the prisoner left in the cart when he went away? - A. They were.

Cross-examined by Mr. Alley. Q. How long did you stop with the cart after the prisoner went away? - A. Perhaps an hour.

Q. How far were you from Twickenham at the time? - A. About a mile.

Q. Who had the baskets? - A. They have been in the possession of Sir John Briscoe's gardener ever since.

Q. Was he with you when the cart was stopped? - A. No, he came afterwards and took possession of the baskets.

JOHN FRANCIS sworn. - Examined by Mr. Gurney. Q. You are Sir John Briscoe's gardener? - A. Yes.

Q. On the morning of the 5th of October did you see the prisoner in that cart? - A. I did; I saw him loading the baskets into the cart in his own yard about half-past six in the morning; he lives near Sir John Briscoe 's; his own yard is about fifty yards from Sir John Briscoe 's hot-house, at Twickenham; I went and acquainted Holt and another person that he was loading his cart.

Q. You directed Holt to do something, what did you do after you had given Holt these directions? - A. I went down Twickenham town to procure a constable; he did not come; I went on half a mile on the London road; the prisoner passed me in a cart, he was going on towards London; when he came out of Twickenham, towards London, there was a younger brother of his in the cart; and when he came on the road the prisoner then came and jumped into the cart with him; I told him I should go along with him and see what he had in the cart; his answer was, what they were pears and medlars; I went on a little forwarder, my two fellow-servants passed me with three horses; I told the coachman to keep near the cart; I took a horse and rode before it, and went on to get a constable.

A. Did you afterwards come back? A. Yes, and I saw the nine baskets, large and small, and and twelve pounds of grapes in a half-sieve, and a few mulberries; there were neither pears nor medlars.

Q. Did you see the sieve-cloths likewise? - A. I did; when I came back the prisoner was gone; I charged a constable with the cart; I have had the baskets and the sieve-cloths ever since; I produce them.

Q. What are the nine baskets? - A. Three large baskets and six small.

Q. (To Mr. Wilmott.) Are these your father's sieve-cloths? - A. They are, there are six; the mark of R. M. W. for Richard and Mary Wilmott.

Q. Now, with respect to the baskets, has any of the initials of the name been altered? - A. The initials have been painted out of the large basket; when they were lost there were R. M. W. upon them; it is painted over now, and V. is put under it.

Mr. Alley. Q. Do not you leave your baskets with the fruiterer when you sell your goods? - A.

Yes. sometimes we leave the basket with the purchaser; we call for them the same day, and sometimes the next day, according as they can empty them.

Q. Do you recollect the purchasers of your fruit having any baskets, and they not returning them? - A. We frequently have that.

Q. What becomes of those baskets, you cannot tell into whose hands they may pass? - A. No.

Q. You cannot say exactly at what time they were in his possession? - A. I cannot say exactly.

Q. Can you fix it in any way on the 5th of October? - A. No, I cannot tell.

Q. You have several score probably belonging to you? - A. We have; we lose a number of little ones, and but a few of the large ones.

Prisoner. Very possibly these baskets might belong to my father before he died; he has been dead a year and three quarters; I do not know by what means I came by the baskets, nor how they were marked.

Court. (To Wilmott.) Is this young man's mother in the gardening line? - A. I believe they are.

NOT GUILTY .

Second Middlesex Jury, before Mr. Baron Thompson.

Reference Number: t18051030-52

710. MARY BUNTING was indicted for feloniously stealing, on the 28th of September , eighty yards of binding, value 3 s. 4 d. two tick pillow-cases, value 2 s. seven pieces of bed-ticking, value 2 s. thirty-two pieces of brown Holland, value 6 d. five pieces of striped linen, value 1 s. five pieces of calico, value 1 s. and four pair of sustain pockets, value 3 s. the goods of John Whinrey Spencer and Peter Spencer ; and MARY TAYLOR , for feloniously receiving them on the same day, knowing them to be stolen .

JONATHAN TROTT sworn. - I am an officer of Hatton-garden.

Q. You went with two other officers to search the apartment of Taylor; when was it? - A. On the 26th of September we went to Newton-street, Holborn, to search the lodgings respecting something else we expected to find.

Q. What did you find there? - A. We found some lace in a dark closet; I was obliged to get a light; it was about ten or eleven o'clock in the day; I found two bags; I asked whose they were; Mrs. Taylor said they were her property; the little woman was in bed, Mary Bunting ; and Mary Taylor was sitting in the room; she said afterwards they were perquisites to Bunting, and that she received them as such; and Bunting brought them there.

Q. Did you ask any-questions of Bunting? - A. I went immediately to the bed, and asked her to get up, and let me see her finger; I thought she worked in the upholstery way, and by the appearance of her finger I was confirmed in my opinion; I enquired who she worked for and she said, the prosecutor and several other persons.

Q. Did she say how she came by the things? - A. She said they were perquisites; I saw Mrs. Taylor working at soldier's jackets, and the pockets that she was working appeared to be like this brown Holland; I produce the property.

JOHN WHINRY SPENCER sworn. - I am in the feather and mattrass way, and bedding line; I live at No. 19, Newton-street, Holborn.

Q. Look at these things? - A. There are many of the articles I can speak to and identify; Mary Bunting worked for me about three years; we never allowed any perquisites; this bed-lace I bought for a furniture a little while ago; there is but little of it now; it was in a desk in the shop, to be used in case it was asked for; and this was given out in pillow-cases to her; now they are cut in shape of pockets; and this piece of brown Holland I know perfectly well; it came from a house in Bond-street; it is worth only a trifle, I cannot say how much, I do not know the weight of it; the other things I cannot identify.

Bunting's defence. I am innocent of the crime as you are; I have worked at other places; my master would give me home a whole bed-tick at a time, and that is what has been left.

Taylor's defence. I never received any thing as stolen things in my life; they were never brought to me as stolen things; they were left from her work; she has gone out to her work, and she has not stopped to take them back; and if they were wanted she said she would come and fetch them by and by; they were pieces that were left from her work, and they have been accumulating for three years.

Bunting called two witnesses, and Taylor one, who gave them a good character.

Both NOT GUILTY .

Second Middlesex Jury, before Mr. Justice Rooke.

Reference Number: t18051030-53

711. JULIAN CRUTCHLEY was indicted for feloniously stealing, on the 15th of October , two sheets, value 15 s. and four yards of linen, value 8 s. the property of Joshua Jonas .

JOSHUA JONAS sworn. - I live in Rosemary-lane ; I keep a fishmonger's shop .

Q. When did you lose any linen or sheets? - A. On the 15th of October I missed one pair of sheets and a piece of linen for shirting for myself, and part was for a child of four years of age.

Q. When did you see them again? - A. I did not see them till the Saturday following; they were at two different pawnbrokers; I saw one sheet at Mr. Levy's, in the Minories; and the linen and sheet at Mr. Hill's, Cable-street.

- JONES sworn. - I live with Mr. Levy, a pawn-broker; I produce a sheet pawned by the

prisoner; I had seen her before; she pledged it for three shillings, on the 14th of October.

- sworn. - I live at Mr. Hill's, Cable-street, Whitechapel: I produce a sheet, and a piece of linen, pawned by the prisoner at the bar; the sheet was pawned on the 10th of October, for three shillings; and the piece of linen on the 12th of October, for three shillings. (The property identified by the prosecutor).

Prisoner's defence. I was not an hired servant with this man; he engaged me to stop till his wife had laid in, and he would give me one shilling and nine-pence a week while I staid; I was a little in debt; I was afraid I should be summoned for it; I told his wife, and she desired me to take something till I went to my agent; I told them I had pawned them in the neighbourhood; if they would allow me to come back I would redeem them; witness Mr. Coombes, they offered to take nine shillings before his face, if any body would pay it down.

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

GUILTY , aged 35.

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

Second Middlesex Jury, before Lord Ellenborough.

Reference Number: t18051030-54

712. EDWARD TAYLOR was indicted for feloniously stealing, on the 3d of October , a silver watch, value 3 l. the property of James Sewell , in his dwelling-house .

JAMES SEWELL sworn. - I live at No. 10, Islington-road, in the parish of St. Mary, Islington ; I am a watchmaker : On the 3d of October, between ten and eleven o'clock in the morning, two boys came into my shop; the prisoner at the bar is one of them. The other boy asked me for four inches of pinion wire.

Q. Is that an article you dealt in? - A. No. The first boy I was speaking to, who is the boy that is not here, and this boy came in.

Q. The other boy that asked for the pinion wire, he came first in the shop? - A Yes, and while I was speaking to him, the prisoner came in, I told him he might get the pinion wire in St. John-street, at a tool shop; I went to direct him, and I found he knew the place as well as I did; the prisoner at the bar was by him; I was standing at my board, and the watch was hanging behind me.

Q. You say the prisoner was by you, what did he do? - A. He went by me in the shop, and came back again; I can only say, that I saw the prisoner when he went out of the shop on the step, he ran.

Q. Did he go in any direction to any place in the shop where the watch was banging up? - A. Yes.

Q. When he came back again, what did he do? - A. He came swiftly by me, and when he was on the step of the door, I had a full view of him, and in the street, I had a full view of him.

Q. What became of the other boy? - A. I saw him go out, but I did not see him after he had got out.

Q. Had you at that moment missed any thing before you followed the prisoner? - A. Yes, a watch off a hook in the shop, and seeing him run so violently, I pursued him.

Q. Can you say that the watch was in the shop, when the boys came in? - A. Yes, I had hung it up there, and had seen it a few minutes before; it was a silver watch that I had repaired. The prisoner ran up White Lion-street, and I followed him.

Q. You are sure that the boy that ran up White Lion-street, was the same boy that was in the shop? - A. I am.

Q. Did you see him in White Lion-street? - A. I did.

Q. Did you overtake him? - A. I did not.

Q. Did you loose sight of him? - A. No, never at all. I pursued him, and a man stopped him.

Q. Did you see him till a man stopped him? - A. I saw him running up the street, and a man in the street bid him run hard, he cried out, run, run. I was spent in following him, and the witness in Court pursued.

Q. Then you did loose sight of him for a moment? - A. No. I followed him close.

Q. I see in your deposition that you soon lost sight of him? - A. He turned the corner of White Lion-street; and the boy that saw him turn the corner of White Lion-street, said, that he had a watch in his hand; I believe I lost sight of him for about half a minute.

Q. Why did you say you never lost sight of him? - A. It was so short a time.

Q. Then you did loose sight of him for a short time, what happened after that? - I pursued him, crying out stop thief; this other man bid him run, and the witness in Court ran after him, and brought him back to me.

Q. Are you sure that the boy that was brought back to you, was the boy that ran away from you, as you thought, with your watch? - A. He was the same boy.

Q. How did you get the watch? - A. A woman in White Lion-street, gave it me, she said, she picked it up.

Q. That you do not know, was that before the boy was stopped? - A. The boy was absent from me then, I cannot say.

Q. Is that woman here? - A. No, the watch is here.

THOMAS HATTENBURY sworn. - I am a baker, I was serving customers in White Lion-street with bread; the prosecutor came running out of wind, and halloaed out stop thief; I saw the prisoner at the bar running up White Lion-street from Sewell's house.

Q. How far was he from Sewell's house, when you saw him? - A. About six or seven hundred yards

Q. But in that direction, as though he was coming from the house? - A. Yes.

Q. How near did the prisoner run by you? - A. He run within ten yards of me, I pursued him.

Q. Did you see him do any thing in your pursuing him? - A. I saw him stoop at some place, whether the watch was put there by him, I do not know. I pursued him as far as the Spa Fields, and there I caught him.

Q. Did he say any thing to you, when you stopped him? - A. His shoe came off, and he begged me to stop, while he put it on. I asked him where the watch was (the prosecutor had told me that he had stole his watch.) He said first, that he had not got the watch; I told him then he must go to prison; he told me if I would liberate him, he would give me the watch, he would shew me where it was where he had laid it down, that is all he said; I took him back to Sewell, and he took him to Lack, a constable, in Islington.

Q. Did he shew you the place where he had laid the watch down? - A. Yes, he shewed me the place, in White Lion-street; it was near the place where I had seen him stoop; I did not find the watch there.

JOHN TODD sworn. - On the morning mentioned by the witnesses, I was crossing White Lion-street; I perceived the old gentleman in pursuit of this boy, some person on the opposite side of the street to where I was, bid the boy run fast. I could have stopped the boy, but I thought he had only been playing some trick to the old man; I went to the door of my lodgings; I saw some woman pick up a watch, and the very instant, the old man arrived, and said, the boy had stole the watch. I am sure the prisoner is the boy the prosecutor was pursuing.

THOMAS WHITE sworn. - I know nothing more than the boy being given into my care, and the watch. I produce the watch

Q. (To prosecutor.) Look at that watch? - A. This is the watch that I lost out of my shop; I had cleaned and repaired it; it belonged to a gentleman who lodged next door to me; I lent him another while that was being cleaned.

Prisoner's defence. My father is a jeweller, he went to take home his work; I asked him to let me go to the Great Wheel, (a pond at Islington, near the spot); my father gave me leave, and I was to make haste back; I was running back to go home, and a gentleman run after me, and stopped me, by and by this old gentleman run up, and said, give me the watch, and I will let you go; I asked him what watch, I said, I have got no watch, Sir, I told him I was going home, and as we were coming along, a gentlewoman had the watch, and she gave it to the owner of the watch, and the gentleman said, he supposed I dropped it; he gave charge of me to a constable, and I was taken to Hatton-garden Office; I told him I never had the watch. He asked me where the other boy was, I told him there was no boy along with me.

GUILTY, aged 13.

Of stealing to the value of 39 s.

Jury recommended him to mercy on account of his youth.

Transported for seven years .

Second Middlesex Jury, before Mr. Baron Thompson.

Reference Number: t18051030-55

713. SOLOMON WISEMAN was indicted for feloniously stealing 704 pounds weight of Brazil wood, value 24 l. in a lighter, in the navigable River Thames , the property of Matthias Prime Lucas , John Lucas , and John Barber .

Second Count. For like offence, only laying it to be the property of Richard Buller , Hieroniman Berminster , and Cornelius Buller .

(The case was stated by Mr. Pooley.)

MATTHIAS PRIME LUCAS sworn. - Examined by Mr. Pooley. Q. What are the names of your partners? - A. My brother John Lucas , and John Barber , we are lightermen, and merchants agents .

Q. Were you in the month of April, 1804, employed to convey any Brazil wood from a vessel belonging to Messrs. Bullers, then stationed at Horslydown? - A. We were.

Q. Where was it to be conveyed to? - A. It was entered at the Custom-house, and suffered to be landed at the Steel-yard, by an order of the Commissioners of the Customs.

Q. Did you send a lighter on the 9th of April? - A. Messrs. Bullers and Co. entered the wood on the evening of the 9th, a lighter was sent to the ship.

Q. Who went with that lighter? - A. Wiseman, I believe, I am not positive to that fact.

Court. Q. You believe Solomon Wiseman was to go down to the ship on the 9th of April? - A. Yes, he went down on that night with the tide, preparatory to receive it the next day.

Q. What was Wiseman? - A. He is a journeyman lighterman , and had been constantly in our employ for three years.

Mr. Pooley. Q. You went the next morning? - A About two o'clock, on the 10th of April, I went on board the ship for the purpose of ascertaining whether the lighter would receive all the wood on board, so as to come up on the return of the flood-tide in the evening; I took with me a marking iron which I had made about a month previous for the purpose of marking wood or other packages.

Q. Taking the marking iron with you, did you mark any wood? - A. I did mark in the cabin a certain number of pieces of Brazil wood.

Q. After having marked the Brazil wood, you

left it with certain orders? - A. Yes, and the lighter was so far loaded, the quantity she had received, they could not do any otherways than lay it uppermost; there was very little more than what was in the cabin to be delivered, which I desired to be put in last.

Court. Q. She was so far loaded, that these marked pieces of wood must be on the top? - A. Yes, or nearly so. After that, I left the ship, and returned home, and I met by appointment three persons who were particular friends, and persons in the same line of business with myself; I took them down with me between eight and nine at night; we went down close to where this lighter lay with the Brazil wood at Horslydown, on the 10th of April, before low water, we placed ourselves very near to the ship that brought the wood, and the lighter that had received it on board, at slack tide, when the flood-tide began to make, I heard Wiseman's voice in the lighter, and by the reflection of a light from the ship's deck, I saw him, and I knew him, he then was in the act of getting the lighter from along side of the ship, in order to proceed up with her with the flood-tide towards the wharf where she was directed to go.

Q. Had you seen Wiseman that day? - A. I did not give him the directions, I knew he had been ordered; I saw him there. He got under weigh with the lighter, and we followed him in a punt; we sat in the cabin, a place covered with a stern sheet, that we could retire to; Mr. Richard Rowey , Mr. John Mitchell , and Mr. Henry Cooper were with me, and the punt was navigated after the lighter, by Mr. Rowey, and we had likewise a skiff, what we fastened to the punt. We were sometimes in the cabin, and sometimes out, at all times some one or other of us out, and always so near as to be able to distinguish Wiseman's voice, and I observed every thing that passed on board the lighter, we were so close to her. Between the ships and London-bridge, Mr. Rowey left the oars of the punt to Mr. Cooper, and Mr. Rowey got into the skiff for the purpose of rowing round the lighter; almost immediately after Mr. Rowey had left us, and had got into the skiff, I heard Wiseman's voice, asking some person to give his partner (the officer) a cast on shore. Mr. Rowey returned to us, we still noticed the officer in the lighter with Wiseman. The lighter passed the bridge, and we passed through after her in the punt. When the lighter had got somewhere about the Steel-yard or rather above; I again heard Wiseman's voice, calling out Ned, a man answered to the name of Ned, and Wiseman as they appeard to get nearer, said d - n your eyes, why did not you come down to lend a hand with the lighter; the person answered that he could not come any sooner or words to that effect in a low tone of voice; he said, he come as soon as he could, or he could not come any sooner. The punt we were in moved up rather above the lighter; we were then all in the cabin at that time, being near them.

Q. How near were you to them? - A. About the length of the Court; we were near enough to observe them in the lighter; we continued in the cabin until we understood that they had taken the officer out of the lighter.

Q. How do you know the officer was taken out? - A. We left the punt cabin and walked into our own lighter; we had reason to believe that the officer, with Wiseman and the man who then was with them, had assisted in taking the wood from the lighter, and believing that, we came out for that purpose; when we came out of the cabin we found ourselves alongside of the lighter completely; we were within the lighter, and the lighter lay along-side of the punt; we were between the lighter and the shore.

Q. Did you then get into the lighter? - A. I got into the lighter and walked round it, and then I took notice at that time that there was no barge, punt or craft laid alongside of her but ours; our barge laid in the position as we lay.

Q. There was nobody in the lighter when you went into it? - A. None; the wood was there; we returned back into the punt, understanding Wiseman was returning to the lighter.

Q. When you got into the punt what did you hear or observe? - A. I heard Wiseman's voice again; he came and spoke to Mr. Rowey, and so did the other man with him, whom he called Ned.

Q. Where was Mr. Rowey when they spoke to him? - A. In the punt putting the oars in a position as if he was locking the oars to leave them; Wiseman spoke to him and so did the other man, but I am not conscious who was the man that asked the question; one of them asked him what he was going to do with his punt; he said, he was going to leave her there for the night; at the time they were talking to Mr. Rowey they stood close to the cabin where we were secreted, so that we could hear all that they said; I then desired Mr. Rowey to leave us and take the little boat away with him, and to place himself at a distance and to come so near to us again as to be able to come to our assistance if we should want him.

Q. Did Mr. Rowey then leave you? - A. I believe he did, but we did not come out of the cabin to see; within ten minutes after Mr. Rowey had left us, we heard something as if a craft had come alongside of our wood lighter; almost instantly afterwards the wood began to move; we heard the wood rattle as if the logs in the lighter were being moved, and by the sound I had no doubt of the fact; we heard distinctly three different kinds of sounds after we heard it move in the lighter; we heard the logs rattle against each other as if some

person was moving them; the next sound I heard was, apparently to me, as though a log of wood was scraping over the gunnel of the lighter, as if a person was easing it down, we then heard a hollow sound as if it was set down on the floor at the bottom of the barge, it was a noise that wood would not make were it put on other wood, but a noise that wood makes in an empty barge, it was a thump, and then, secondly, lowered down at the other end to make as little noise as possible, there were two distinct thumps. After we heard four or five logs had been moved, Mr. Cooper left the punt's cabin and went on his hands and knees, he stooped low enough, as it appeared to me, he went on his hands and knees from the cabin to the other side of the barge next to where the wood lay; I followed him in the same position; I saw two persons in motion, it was too dark to distinguish features, and their motions satisfied me that they were moving the wood, from their attitude, because the sound corresponded with their moving.

Q. What were they moving it from? - A. From my lighter into something at the off side as we lay in the river close to her.

Q. Could you see what sort of a vessel they were moving it in? - A. I could not, the lighter was higher than our punt, and higher than the vessel they were putting it into; I fixed my eyes upon one of the men.

Court. Q. Did you find out that the vessel that this wood was removed into was a barge. - A. Afterwards I did; Mr. Cooper and I, each of us sprung from the barge we were in; I kept my eye on the person I saw in motion, I could not see the whole length of him at that time, still I kept my eye on him till I sprung upon the barge's gunnel, and then I ran across the lighter in direction to him, and jumped into the adjoining barge close against him.

Q. Was he in that barge? - A. He was in that barge.

Court. Q. You jumped close to him? - A. Yes: I then knew that man to be the prisoner at the bar, Wiseman. I struck at him with a small hanger; he retreated back from me, and said, pray do not, for God's sake, or words to that effect; I did not attempt to pursue the blow, but thought of closing with him, and taking him by the collar; I sprang towards him, with an intention of laying hold of him; the oars of the barge were then lying sloping from the fore-beam, and whoever the man was, he put his feet down to the bottom of the barge; I did not observe the oars; I fell over the oars, and he jumped into a little boat.

Q. From the expressions that that man made use of to you, can you tell who that man was? - A. Yes, it was the prisoner at the bar; I have no doubt whatever.

Court. Q. You falling over the oars gave him an opportunity of getting away? - A. Yes; I saw him pushing a little boat away, and getting off.

Q. What did you find in that barge? - A. Twelve pieces of Brazil wood; a rough great coat, containing in the pockets a pocket-handkerchief, marked E. P. and a piece of paper.

Mr. Pooley. Q. Was part of the wood found in the barge that had been taken from the lighter? - A. I have no doubt of it whatever.

Q. Upon examining the wood in the barge, had it that mark that you could know it by? - A. The whole of the wood had the Portugal port mark; I do not know of my own knowledge that there was any deficiency; but Mr. Berminster will state that.

Court. Q. Was it the same kind of wood that you had in your lighter? - A. Exactly so; Brazil wood.

Q. Was any of it marked? - A. The whole of it was marked with a brand mark, the Portugal mark, which the whole of Mr. Buller's wood has: one of the pieces had a mark which I had no doubt was the piece that I had marked; it was a remarkable piece of wood, I had noticed it, it was cut at one end with a hammer I carried on purpose; that piece is here.

Mr. Pooley. Q. When you came to the wharf, when Wiseman called out to a person of the name of Ned, was that a person in your employment? - A. It was not; I did not know that man; but by his voice I knew he was not a servant of mine; nor was any servant of mine ordered to assist him with the lighter.

Court. Q. That man is not here? - A. No.

Q. You need not pursue that. - What was the value of this wood that was taken out of the lighter; what was the weight of it? - A. There were twelve pieces, weighing six hundred pounds weight; I do not positively know, if I may be allowed to speak from the accounts, it has been valued at 85 l. a ton.

Q. Whereabouts was the lighter? - A. She was fastened to the craft at Parker's; to the craft at the Three Cranes, the City side of the river.

Cross-examined by Mr. Knapp. Q. You have spoken to the pieces of wood found in the craft? - A. I have.

Q. And there is only one piece that you can particularly speak to, that you put your own mark on it? - A. There are two pieces.

Q. You said one; with respect to the other pieces of wood they had the Portugal mark, all the wood imported by Buller and Co. would have that mark on them? - A. Yes.

Q. Now with respect to this one piece of wood which you can speak to by your own particular mark, will you give us the value of that piece of wood - upon your oath can you say it is worth more than forty shillings? - A. It weighed more than an hundred pounds; I should suppose it is worth about four or five pounds.

Q. I understood you to have said, it was a very dark night, and therefore the only opportunity that you had of knowing about it was, that it was the voice of Wiseman? - A. I knew him by his person when I got to him.

Q. But before you only knew him by his voice? - A. I believed that the person I saw in motion was the prisoner, and when I got to him, I knew that person to be the prisoner at the bar.

Q. That is, in other words, you knew Wiseman when you got up to him? - A. I identified him by his voice repeatedly before.

Q. From that you were led to suppose it was Wiseman - you were not certain of it until you came up, and found it was so? - A. I did not hear any voice at the time the wood was in motion; at that time, if I had been asked, I could not have sworn to the person of Wiseman, I can now swear that one of the persons that I saw, when the wood was in motion, was Wiseman; that I could not then swear to; when I got near to him, that person was Wiseman, and I never lost sight of him, because I saw the very person that was moving the wood was Wiseman.

Q. Did not you ever hear two persons pretty near of similar voices? - A. I hardly ever met with two persons that I had been familiar with in business, but what I could distinguish them by their voices.

RICHARD ROWEY sworn. - Examined by Mr. Pooley. I live in Upper Gower-street, Christ-church.

Q. Did you go with Mr. Lucas to Horslydown? - A. I did.

Q. What time did you get there? - A. About nine o'clock in the evening.

Q. You came up in the punt from Horslydown to the Three Cranes? - A. Yes; when I came to the Three Cranes, I put the punt alongside of the lighter.

Q. Do you recollect that Mr. Lucas and Mr. Cooper got into the lighter, when the persons who had brought the lighter had left her? - A. Yes.

Q. Was there any barge of the river-side of the lighter? - A. None, except the punt, and I was in that.

Q. Do you recollect any men coming back? - A. There were two persons come back to the lighter; they spoke to me, they asked me where I was going in the punt.

Q. Which of them spoke to you? - A. I am sure it was Wiseman, I knew him by his voice. I was in the habit of seeing and speaking to him; when he asked me what I was going to do with the punt, I told him I was going to put the punt to the wharf above; I, after that, returned to the cabin where Mr. Lucas was; I told him I should leave him, which I did; I went into the skiff, and rowed off with the tide into the middle of the river; I stopped the boat, by rowing against the tide a convenient distance from the lighter, till I heard Mr. Lucas's voice calling out, Rowey; after which I discovered a boat coming from where the lighter lay with two men in it I followed them, and when they came to Crawshay's wharf, the iron wharf, I rowed my boat close; I got on board of theirs; one man jumped overboard; I told him I would shoot him, if he attempted to make his escape. Not hearing any more of him, I supposed he was drowned; I turned my attention to the prisoner at the bar, who was then in the boat; he exclaimed, for God's sake, Mr. Rowey, have mercy, you know the consequence, or something to that effect; he then stepped on the aft, athwart of the boat, and made a spring into the river; he got hold of my boat, which I had left, and made his escape from the boat I then was in; I rowed to Mr. Lucas then, and we went in pursuit of the prisoner; I found a hat in the boat; as to speaking to that direct, I cannot; there were two cuts in it.

Q. How were you dressed at this time? - A. I had a rough coat on, I was exactly as a working man in the river was; I endeavoured to disguise myself as much as I could, because they were in the habits of knowing me.

Cross-examined by Mr. Gurney. Q. You had no opportunity of observing the face of the man - it was much too dark a night to observe countenances? - A. It was, I allow.

Q. Did you ever hear his brother speak? - A. No.

Q. Because if you did you could not tell the difference I am told? - A. I will speak by the voice, the shape, and make of the man.

Q. What, speak to the shape and make of a man of a dark night - you cannot speak to the shape and make of a man in a dark night? - A. I do not say that I can, unless I was particularly well acquainted with him; I do not mean to say directly I can, or cannot, speak to facts in this case.

Court. Q. Have you any doubt that he was that man? - A. None in the least.

Mr. Gurney. Q. It being a dark night, you cannot make out that you knew him by shape and make? - A. I have said so much, I should be sorry to say any thing that is an untruth.

Q. That was an hasty speech that you knew him by shape and make, you do not mean that you could? - A. I was in the act of closing in with this man; it was impossible but I must know him from his speaking to me, I knew him by his voice; I might hastily say that about his shape and make.

Mr. Pooley. Q. From the voice and the figure of that man in the boat, whom do you believe that person was? - A. The prisoner at the bar.

HENRY COOPER sworn, - Examined by Mr.

Pooley. Q. You were at the Three Cranes what in the punt? - A. I was.

Q. How many voices did you hear? - A Two; one I knew the voice of, the other I did not.

Q. That person that you knew his voice, who was he? - A. The prisoner at the bar; I saw the figure of him, I could not swear to his person, I could swear to his voice; when I came out of the cabin, after hearing the wood removed, I saw the motions of two persons - one in the act of lifting the wood out of the lighter and putting it into the barge, and the appearance of another in the act of receiving it. Mr. Lucas, I believe, followed me; I turned round to him, and told him, I believe, they were putting the wood out of the lighter into the barge, there came a small lamp; when we got into the barge, there were eleven or twelve pieces of wood, I believe, I cannot exactly speak to the quantity; there was a great coat also; I heard several pieces move, it was remarkably dark; I jumped upon one, which was not the prisoner at the bar, it was the other man, who was in the act of lifting it out of the lighter; I got hold of him, I fell, and he fell; he got near to the lighter's gunnel, and threw himself over; I did not know there was any craft along-side of the barge at the time; he threw himself into the craft, where the other person was; I was obliged to quit my hold, as the other person shoved it away, or else I must have gone overboard.

JOHN MITCHELL sworn. - Examined by Mr. Pooley. Q. You, I believe, was with the other gentlemen at the Three Cranes? - A. Yes; I heard two voices, I knew the voice of Wiseman, and I saw the motion of the men in the lighter, in the act of moving the wood.

Court. Q. Do you know any thing more than the voice? - A. Nothing more.

HIERONIMAN BERMINSTER sworn. - Examined by Mr. Pooley. Q. What are the names of your partners? - A. Richard Buller and Cornelius Buller.

Q. Had you any Brazil wood in a vessel of your's in April 1804? - A. Yes.

Q. Did you employ Mr. Lucas to carry it up to the Steel-yard wharf? - A. I did.

Q. Can you tell whether that is part of it? - A. I cannot say that is part of it, we exclusively import it; there is now and then some comes by way of accident by a contraband trade.

Q. What is the value of that wood? - A. Unless I knew the weight I cannot tell you the value of it.

Q. What would 600 pounds weight be worth? - A. Twenty-eight pounds.

Cross-examined by Mr. Knapp. Q. What would that piece of wood be worth that is marked, it weighs an hundred pounds? - A. It is worth four pounds ten shillings.

Mr. Lucas. This particular piece of wood I noticed; I noticed this cavity here; I have no doubt but that is one I marked in the cabin.

Q. What became of this man afterwards? - A. I never heard of him afterwards, I offered a reward for him.

Court. Q. Mr. Berminster, I suppose you have a particular mark on wood of this kind? - A. I have a bill of lading that corresponds with it, I never saw the wood before.

Q. Perhaps you never saw the wood before at Horslydown? - A. No, I was not on board this ship.

Mr. Pooley. Q. Does it correspond with your bill of lading in description? - A. Yes.

Mr. Gurney. Q. All the wood in other ships have the same marks; it does not more correspond with that bill of lading than it does with any other bill of lading - is there the mark upon that wood which is not the mark of every other cargo, you have generally these marks? - A. Yes, exactly.

Prisoner's defence. After I brought that lighter up, I left her, I did not see her afterwards; I meant to come to her at high water; I left her when I put the officer on shore, and when I heard there was such a piece of work about her, I was afraid to come back; Mr. Lucas knows no lighter upon the river could come to her.

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

GUILTY , Death , aged 30.

London Jury, before Mr. Recorder.

Reference Number: t18051030-56

714. JOHN WHEATLEY and WILLIAM GODDARD COLLS were indicted for feloniously stealing, on the 10th of August , thirty quart bottles filled with wine, value 4 l. 10 s. the property of Andrew Johnstone .

(The case was stated by Mr. Gurney.)

ANDREW JOHNSTONE sworn. - Examined by Mr. Gurney. Q. You are a wine and brandy-merchant ? - A. I am.

Q. In the month of August last did you carry on business in one place or two places? - A Two, one in East-Smithfield, and the other, No. 46, Rathbone-place; the prisoner at the bar, Colls, was my clerk at Rathbone-place, and Wheatley was my porter in East-Smithfield.

Q. Where do you keep the principal part of your stock? - A. In East-Smithfield, we have also cellars on Tower-hill.

Q. By what means do you supply the demands of Rathbone place? - A. Sometimes by cart-loads, sometimes by truck-loads, and sometimes by men carrying them.

Q. Was the prisoner, Wheatley, a person employed by you to convey the supply of the stock at Rathbone-place? - A. He was.

Q. On the 10th of August last, in consequence of any communication from Colls, did you direct

Wheatley to take any sherry to Rathbone-place? - A. I did, two dozen and a half; I drew a requisite note for it to the Excise officer for a permit, (this is a copy of it, I sent Wheatley for the permit on the 10th, I drew it in the afternoon; he went from me, and returned from the Permit-office, and said he could not have it in less than an hour and a half, and by that time it would be too late to go with it. In consequence of that I suffered him to take it without a permit, he having stated to me that there was no risk; he went with it about three o'clock in the afternoon; I believe I did not see him again till Monday morning; he then stated to me, that nearly opposite of St. Giles's church an officer came up to him, and asked him what he had got in that basket; he said he equivocated very much to him, he did not like to tell him; the officer laid hold of it in a very rough manner, and insisted upon seeing what he had in the basket, and on the officer feeling the bottles, he said it was wine, and the officer said he had caught him now, he had been long looking out for him; he was surrounded by a crowd; the officer asked him from whence he came, and who was his employer; he said that he lived in Watling-street, and that the officer carried it off in a hackney-coach.

Q. You made no discovery upon this subject, none in question, until the other witness, Gordon, gave you some information? - A. I did not.

Q. When was it that Gordon gave you some information? - A. In the month of September he came once and gave me some information.

Q. Had Gordon lived in your service several months? - A. Near twelve months, I believe.

Q. When did he quit your service? - A. Some time in the early part of last June.

Q. I believe you had not turned him away? - A. No, he discharged himself.

Cross-examined by Mr. Knapp. Q. All the information you obtained on the subject was through the medium of that witness, Gordon? - A. Certainly; since that discovery I have made other discoveries.

Q. The first discovery was through the medium of Gordon? - A. It was.

Q. And that was not till six weeks after the wine was taken? - A. It might be six weeks.

Q. You said that Gordon had been in your service, the man who is to be an evidence? - A. Yes.

Q. He had been discharged? - A. He discharged himself, I did not discharge him.

Q. He had been put on board a tender? - A. I have heard so, two days before he arrived in London.

Q. Upon your oath is not Gordon as bad a man as any in London? - A. If I had not had a good character with him, I would not have took him; I believe he has turned out very bad, from what I have learned of the prisoners.

Q. You have no right to remove wine, above two dozen, without a permit? - A. We may if we please, but an officer may take it if he pleases.

Mr. Gurney. Q. If you apply to the Excise, they will release you? - A. They will, if we state the cause.

JOHN GORDON sworn. - Examined by Mr. Gurney. Q. I understand, prior to the month of June last, you lived with Mr. Johnstone? - A. Yes, near a twelvemonth.

Q. You quitted his service in June? - A. On the 8th of June.

Q. During the time you were in his service, were you acquainted with the prisoners at the bar? - A. Yes, I was intimate with them.

Q. How soon after the 8th of June was it that you were pressed? - A. I was pressed on the 14th of June, and released on the 29th of July.

Q. After your release, did you renew your acquaintance with the two prisoners? - A. Yes.

Q. I believe you had reason to think that you owed your release to one of them? - A. Yes.

Q. Where did you lodge in the month of August? - A. No. 11, Compton-street, Soho.

Q. On the 9th or 10th of August did you see the prisoner Colls? - A. I saw him on the 9th, I believe; I saw him the day before the wine came, and the day it did come. On the day before the wine came, he got me and John Wheatley together at No. 46, Rathbone-place; we were standing with Colls at his desk, in Mr. Johnstone's premises; he said all that he wanted was to rum Mr. Johnstone, and to get the business into his own hands; he told Wheatley he should have a better place then. Colls was to send for some wine in East-Smithfield, and Wheatley was to bring it to my lodgings, and to say it was seized by an officer.

Court. Q. What is Colls's situation? - A. A clerk and manager of the business in Rathbone-place.

Mr. Gurney. Q. Did you see him again on the 10th? - A. Yes; I saw him after Wheatley brought the wine down to me.

Q. The day after the conversation did Wheatley bring any wine to you? - A. Yes, two dozen and a half of sherry wine, between five and six o'clock; after Wheatley had brought it, he went to Colls to tell him that he had left it, and then returned with Colls that evening; we all supped together off beefsteaks; we opened the hamper of wine; we took two or three bottles out, and drank the wine that was in them; the remainder of the bottles were left by the desire of Mr. Colls, until he could get an order to send it out; the wine was left till I saw Mr. Colls the day afterwards; I asked him what I could do with it; he had left Mr. Johnstone then; he told me I might do what I liked with it; I sent it to No. 22, Chapel-street; I sold ten bottles of it afterwards.

Q. You said nothing of this till the end of September? - A. No, thereabouts.

Cross-examined by Mr. Knapp. Q. Colls told you that he had left Mr. Johnstone, and that you might take the wine to Mr. Johnstone? - A. No, I might do as I pleased with it.

Q. You kept this for six weeks, did not you? - A. No.

Q. Who did you tell of it before that time? - A. I did not tell any body of it till I told Mr. Johnstone, I found that Mr. Colls was a bad man, and had led me into an error.

Q. How long was it after you had the wine, that you communicated it to Mr. Johnstone? - A. It may be better than a month afterwards.

Q. Were you taken up? - A. No.

Q. Never? - A. Yes, by my wife's desire.

Q. Your good wife desired you might be taken up, she went and gave information against you that you were concerned in the robbery? - A. No, she went and swore that I turned her out of doors.

Q. When were you charged with this robbery? - A. Never at all.

Q. When were you examined upon it? - A. I was examined at Lambeth-street, after I had told Mr. Johnstone.

Q. Did you never think of telling any body till your wife got you into custody? - A. Yes, I told it to Mr. Johnstone three days before I was in custody, about a month after I had it in my lodgings.

Q. Now let me know what belongs to your character, as you say Mr. Colls is a bad man, have you ever been in custody? - A. Yes.

Q. Where? - A. Here, through such a person as Mr. Colls.

Q. Were you tried? - A. Yes, and you defended me.

Q. I am very glad you recollect me? - A. And you acquitted me. I was honourably acquitted.

Q. What was the charge that you were in custody here? - A. For robbing of my master, and I can prove that that very person was turned out of the house for accusing me. I had not robbed him.

Q. And so the Jury said; you have not been in no other custody whatever? - A. No.

Q. Were you discharged from Mr. Johnstone's service? - A. I was not, I discharged myself for only what Mr. Colls should say Mr. Johnstone said about me; I was out of place a week then.

Q. Where did you go to when you had been out of place for a week, had you been to sea? - A. Yes.

Q. You got pressed? - A. Yes.

Q. And got discharged through one of the prisoner's that made interest for you? - A. He pretended so, instead of that he tried to keep me there; he told me that Mr. Johnstone got me there, but Mr. Johnstone was innocent of it, and through that I told all. Mr. Colls told me this after I was discharged.

THOMAS GRIFFITHS sworn. - Examined by Mr. Gurney. Q. You are a constable of Lambeth-street Office? - I am. I apprehended the prisoner Wheatley, on Tuesday the 1st of October, at No. 10, Rose-alley, Bishopsgate-street; after he had been in custody, I had some conversation with him about these thirty bottles of wine; I asked him whether he had carried any wine that had been stopped by an excise officer, he said, he was sent to William Goddard Colls with thirty bottles of wine from the parish of St. Catharine's to Rathbone-place; he said, that Colls had desired him, and Gordon at different times to join with him to waste Mr. Johnstone's wine, and if he would assist him in that business, he Colls should have the business for himself, and he should have a much better place than he had with Mr. Johnstone; I then asked him how long he had lived with Mr. Johnstone, and what sort of a master he was to him, he said, that he had lived with him about three years, he told me he carried the wine to No. 11, Compton-street, St. Giles's, he went to Colls, and Colls returned with him to No. 11, Compton-street, at Gordon's, where they had some beef-steaks, and they drank between two and three bottles of the wine between them. I took him along with me in search of Colls, but the place he took us to, we could not find any such man. Coming along Bethnal-green, he saw Colls's wife; I went to Colls's house a little after six o'clock, and I apprehended Colls a little after eight o'clock, near the house called the Birdcage, Bethnal-green; I asked Colls several questions, he made no confession whatever.

Q. Did you tell him why you apprehended him? - A. I did; he seemed to say that Mr. Johnstone was a very bad kind of a man, that he had no share of the wine, nor in taking it away.

ROBERT HYSLOP sworn. - Examined by Mr. Gurney. Q. You are likewise an officer of Lambeth-street Office? - A. I am; I was present at the apprehension of Wheatley.

Q. Did you hear Wheatley say any thing respecting the thirty bottles of wine? - A. I heard him say that he was sent to Rathbone-place with thirty bottles of sherry wine, and that he had it detained near St. Giles's church, but he took it to No. 11, in Compton-street, and in the evening he went and partook of some of it, and beef-steaks, along with Colls and Gordon; I was not present at the apprehension of Colls.

Colls's defence. My prosecutor was in the habit of sending wine out several times without a permit; I wrote to him on the consequence of it, and told him that the officers were looking out; still he continued in doing it. As to that two dozen and a half, I had nothing to do with it, nor did I see any thing of it, only on going to Gordon's in the evening, as Gordon wished me to go there, I went and had some beef-steaks, in consequence of which

he asked us to drink a glass of wine; I took two, and departed from them, I did not then know whose wine it was; the prisoner, Wheatley, owned to me that he brought the wine in the morning from his master, and he should have brought it to me; he said he was stopped in St. Giles's by this Gordon, who took the wine from him.

Court. Q. You were not there, how do you know this? - A. By his own evidence; he came back and informed me it was seized by an officer; I knew nothing to the contrary at that moment; I wrote to my employer to inform him as such; Mr. Johnstone gave me no answer on the subject.

Q. When did Wheatley tell you he was stopped in St. Giles's by Gordon? - A. The very day, the 10th of August.

Q. I understood you that Wheatley was stopped in St. Giles's, and that Gordon took the wine from him - Wheatley came and informed you that it was stopped, and you wrote to Mr. Johnstone to inform him what Wheatley told you? - A. Yes.

Q. Had Wheatley told you before you wrote to Mr. Johnstone that he was stopped by Gordon? - A. No, before I wrote to Mr. Johnstone, he said, by an officer, he explained afterwards that he was stopped by Gordon, he had not explained it at the time I wrote to Mr. Johnstone to inform him that the wine was seized by an officer; I had no answer from Mr. Johnstone, and the matter was dropped.

Wheatley's defence. I used oftentimes to go up there with wine without a permit, upon which my master said, if I was stopped by any person to let the wine go, if I had no permit, and not to say where I came from; and one time in particular, I was followed by an officer from the Obelisk, St. George's-fields, to about three miles the other side of Clapham, and after wearing the officer out as the wine was only going just at the back of the Elephant and Castle, I returned and brought the wine back safe to the place where I was to take it to; and this wine the witness John Gordon met me in St. Giles's, and asked me if I had any permit with the wine, I told him no, he then seized it from me, and took it to his own place where he lived; afterwards he sold this wine, and put the money in his pocket.

Court. Q. How do you know that? - A. By his own words.

Q. He told you so? - A. Yes.

Wheatley called two witnesses, who gave him a good character.

Wheatley, GUILTY , aged 27.

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

Colls, GUILTY , aged 26.

Transported for seven years .

Second Middlesex Jury, before Lord Ellenborough.

Reference Number: t18051030-57

715. SAMUEL BROWN was indicted for feloniously stealing, on the 29th of October , three bushels of wheat, value 21 s. and a sack, value 1 s. the property of Alexander Coombe , Esq. and a spade, value 1 s. the property of Thomas Watts .

(The Case was stated by Mr. Knapp.

ALEXANDER COOMBE , Esq. sworn. - Examined by Mr. Knapp. Q. You live at East Barnet; you are a farmer , and you have a farm at Enfield ? - A. Yes; the other farm is about a quarter of a mile distant from that.

Q. Do you know the prisoner at the bar? - A. Yes; I gave orders for a certain quantity of this wheat, which was a particular sort, called rivet-wheat, and what I intended for my own use, was put in the ground; the wheat in question was stolen from the barn, where it had been for several days, it was intended for my servant's brother. In consequence of information that I received from Mr. Basso, a miller, at Hadley, in Middlesex, I went to his mill; he shewed me near a bushel of wheat in a sack; W. Peacock, my bailiff, was with me at the time; I then saw it was wheat of the same description that I had lost, it was rivet-wheat.

Court. Q. What is rivet-wheat? - A. It is wheat that grows with a beard.

Q. It is common enough in many countries? - A. Yes, but not in that part of Hertfordshire.

Mr. Knapp. Q. Upon looking at that wheat, which was found at the miller's, had you any doubt of that being part of the wheat that you lost -

Court. Q. You only knew of its being rivet-wheat, you thought it was your's? - A. Yes, being an uncommon thing in that part of the country. It was in a bag which I did not know any thing of.

Mr. Knapp. Q. Had you previous to this time looked to see if you had missed any of your wheat? - A. I did; I went the same evening that I had seen the wheat at the miller's, to obtain a warrant, and the next morning I went with Davidson, the constable, to the prisoner's house, at Hadley; the prisoner was not at home, we searched the house, and found some wheat in a peck measure, about half full in a cupboard.

Q. Was that rivet-wheat? - A. It was, and there was a sack found in the cupboard with my surname in full length on it. I have no doubt but it was my sack; we went up stairs to another room, and there we found a spade behind the bed; I am not able to speak to that spade; it belonged to Watson, one of my workmen. He was apprehended by two of my workmen in the road that leads from Hadley to Enfield; he was brought to the Magistrate at Hadley; on the same day I saw these things at his house.

Q. Did you know the prisoner; I knew him and all his family; he rented a cottage of me, I was obliged to remove him.

Q. Did he ever work for you? - A. I never would employ him.

THOMAS BASSO sworn. - Examined by Mr. Knapp. Q. You are the miller at Hadley-mill? - A. Yes.

Q. Do you remember the prisoner coming to you with any wheat? - A. Yes; on the 29th of October, between the hours of six and seven in the evening, he brought a little grist very near a bushel.

Q. Was it rivet-wheat? - A. Yes, I was to grind it.

Q. In consequence of some information that you received from Mr. Coombe, you kept the wheat for the purpose of shewing it him? - A. Yes, I produce it.

Q. That is rivet-wheat you now produce? - A. Yes.

WILLIAM DAVIDSON sworn. - Examined by Mr. Knapp. I am constable of Hadley.

Q. Did you go with Mr. Coombe to the prisoner's house? - A. Yes, at Hadley, he was not at home.

Q. What did you find there? - A. We found about half a peck of rivet-wheat, in a peck measure, in a cupboard; in the same cupboard, we found a sack marked with Mr. Coombe's name this was on the 30th of October; I produce the wheat, the sack, and the spade.

WILLIAM PEACOCK sworn. - Examined by Mr. Knapp. - Q. You are bailiff to Mr. Coombe - you know Mr. Coombe's barn of course - do you know of there being some wheat in a sack in the barn? - A. Yes, it was branded with his name.

Q. Look at that sack and tell me whether that is one of Mr. Coombe's sacks? - A. This sack we found at the prisoner's, it is Mr. Coombe's, and has his mark upon it; and this is rivet-wheat, it is like what he has got in that bag.

Q. Do you know the bag? - A. I know the wheat.

Court. Q. How do you know the wheat, you only knew that it was rivet-wheat; did you take the prisoner? - A. I took him near the Bald-faced Stag, leading from Hadley to Enfield; he asked me what was the matter; I told him he must go along with me and see; he said he thought there was nothing the matter; I said, if there is nothing the matter, it will be so much the better for you, I cannot go along without you; we took him round East Barnet up to the Magistrates, and there he was committed.

THOMAS WATTS sworn. - Examined by Mr. Knapp. - Q. You are a labourer employed by Mr. Coombe? - A. Yes.

Q. You have got a spade put into your hands, whose spade is that? - A. It is mine; I knew it by the marks on it, T. W. they have been cut out, but there is sufficient remaining to enable me to speak to it; I missed it out of the barn where this wheat was.

Q. You knew of the rivet-wheat being in the barn? - A. Yes; I saw it there last Monday morning, and on the night it was taken away; I put the spade in the barn the last thing I did at night; the barn door was locked with a padlock by George Whitbread .

GEORGE WHITBREAD sworn. - Examined by Mr. Knapp. - Q. You are a labourer employed by Mr. Coombe? - A. Yes.

Q. Did you lock the door on Monday night? - A. Yes, I locked it with a padlock.

Q. Did you leave the wheat there, the sack and the spade? - A. Yes.

Q. Was all the wheat that was left carried away? - A. Yes, the whole was in a sack, and the whole was carried away; that wheat was intended for my fellow servant's brother-in-law.

Q. Did you go there first in the morning? - A. No one of Mr. Coombe's carters went there first.

Mr. Knapp. Q. (To Peacock). Just look at this wheat; you have no doubt of its being your master's? - A. No.

Q. What quantity of wheat was there in the sack? - A. Near three bushels.

Q. How near was the prisoner's cottage to the barn? - A. He lived at Hadley, about two miles from the barn.

Q. Did either of you see the barn in the morning? - A. About seven o'clock I went up the yard to do up the farm yard as usual, the door of the barn was open, and the staple was drawn from the post, and the lock hanging to it; it appeared as though it had been broken open, the staple had been drawn, and it was put in another place.

Q. (To Baa). Was it last Tuesday the wheat was brought to your mill? - A. Yes, in the evening.

Prisoner's defence. My wife and children picked up this corn a gleaning.

Court. Q. To Prosecutor). Was there any wheat of that sort that grew the last harvest in your neighbourhood? - A. Not as I know of.

GUILTY , aged 42.

Transported for seven years .

Second Middlesex Jury, before Mr. Baron Thompson .

Reference Number: t18051030-58

716. GEORGE WRIGHT , alias JAMES WRIGHT , was indicted for feloniously stealing, on the 3d of October , a mare, value 42 l. and a gelding, value 26 l. the property of John White .

(The Case was stated by Mr. Gurney.)

JOHN WHITE sworn. - Examined by Mr. Gurney. Q. Where do you live? - A. In Little Moorfields.

Q. Do you deal in horses very largely? - A. I do.

Q. In the beginning of October last did the prisoner at the bar make any application to you? - A. He came to me on the 3d of October.

Q. What appearance had he? - A. He had the appearance, in language, as well as outward appearance, of being what he wished to appear to be; he described himself to be the son of an opulent West-India planter.

Q. Was he dressed like a gentleman? - A. He was; he spoke bad English; he then told me that since his arrival in town, he had dined with some friends of mine, and amongst others mentioned the name of Sir Francis Bird ; he likewise named another gentleman who dined there as well as him, and that they spoke very favourably of me, that they had many of them bought horses of me, and they had proved all to be what I had said, that he was in want of horses, and would be obliged to me if I would exert myself to suit him; that he should want as many as six horses, but that his present anxiety was for me to get him a pair of the finest horses I could produce; he said money was no object, he wanted them for the purpose of making a present to his father for the goodness he had received from him; these he was extremely anxious to have procured as soon as possible; with regard to himself, he would stay till he had been served for his father, but that he should want four of the same description for himself; I said I was obliged to my friends for recommending me; and that such an order for them to be so particularly good as he described, perhaps could not be done so soon as he expected; I mentioned that, that he might not think I was inactive; he seemed very much pleased that I paid so much attention to him; he he then said, putting a card into my hands at the time, that he had taken an accompting-house for the purpose of transacting business, in Savage-gardens, Crutched-friars; it was a very fine card; he then told me that he had lodgings at the West end of the town and after so long a passage as he had, he felt it extremely inconvenient to walk backwards and forwards every day, that would I, in the mean time, before I served him with the horses he had mentioned, lend him two horses, one for himself, and one for his servant. Upon the face of his story, I said yes; I let him have a bay mare, which I valued at forty guineas, and a bay gelding for his servant to ride, which I valued at twenty-five guineas; he then told me if I could have them ready by four o'clock in the afternoon, when he came from Change, it would answer his purpose; and at four o'clock in the afternoon a person calling himself his servant, called for the horse and mare, to whom I delivered them.

Q. Did that person call again the next day to bring the horse and mare to bait? - A. He did.

Q. In consequence of any thing that passed between you and him, did you go, while the horse and mare were baiting, to Savage-gardens? - A. I did; I went into the house for the purpose of satisfying myself whether he was the man he represented himself to be; I found it was a respectable good house; when I went in there was a tailor measuring him for cloaths, and a bootmaker waiting to measure him for boots; and there was another, a very respectable tradesman waiting there, and furniture of all sorts was coming into the house.

Q. There is no occasion for going into all this, I wish to be confined by rules of law, having seen all this you spoke to Mr. Wright? - A. I felt hurt at my going there and intruding myself, and when I was satisfied I told him the reason of my calling on him was, I thought I should be ready to shew him such horses sooner than I expected; I went away fully satisfied; this was on the 4th of October; I think they called once more on me to bait; it was the next day or the day after.

Q. How soon after did you see your horse and mare again? - A. I think it was about the 14th of October; afterwards the horse and mare were brought to my stable.

Q. Had you seen Mr. Simpson before they were brought to the stable? - A. I had; I saw him on the 14th; I had the same horse and mare returned.

Mr. Gurney. Though there is an anxiety that every person giving evidence should be heard, yet, at the same time, public convenience requires that we should not always state the whole in the hearing of an indiscriminating audience, though there are some who come for good purposes, at the same time, I certainly shall not state all the reasons and distinctions of the law which may enable persons like the defendant to go on in such iniquitous practices unpunished, or with less punishment than the crime deserves. There is something in the proofs of this case which, perhaps, might encourage base minds. I think it much more convenient to stop here, rather than such mischievous minds should be enabled to practise much more mischief.

Court. The laws of felony are so very nice that we would not wish an indiscriminating audience just to observe the brink of felony, by shewing where the lines lay; I was aware that the learned Counsel himself, knowing, as he does perfectly well, the law, that in his own opinion the case could not be brought within the pale of the law, it was necessary to have the evidence adduced, to form a judgment. It seems to me that a felony is not made out; at the same time it appears to me that the prisoner is a bad man. It is our duty to see that the strict line of the law should be observed by us; the Judge is to protect the prisoner as well as the public. I can only add, that the facts made out by the story of Mr. White does not come within that nice discrimination of the law, which, perhaps, if I was to state to you those nice distinctions,

before Monday morning there would be many more depredations upon the public.

NOT GUILTY .

London Jury, before Mr. Recorder.

Reference Number: t18051030-59

717 WILLIAM SCHULTZ was indicted for that he, on the 8th of August , feloniously did forge, and falsely made and counterfeited, and caused and willingly acted and assisted in falsely making a bill of exchange , which is as follows:

"25. 0. 0. August 6th, 1805, two months after date pay to my order, the sum of twenty-five pounds, for value received.

(Signed)

" Henry Schultz .

(Accepted)

"Mr. P. Madden."

with intention to defraud William Lane .

Second Count. For feloniously uttering as true, the same forged bill of exchange with like intention.

Two other Counts. For uttering and publishing as true an indorsement of the like bill of exchange, with the same intention.

It appearing in evidence that the bill in question was accepted by Madden, and tendered by Buckholt to Mr. Lane of Leadenhall-street, the prisoner having signed his name to the bill, but there being no evidence of the ging or uttering it, he was found

NOT GUILTY .

London Jury, before Mr. Recorder.

Reference Number: t18051030-60

718. THOMAS ASBEY was indicted for that he, on the 14th of August , had in his custody and possession a bill of exchange to the tenor following:

"London, August 14th, 1805.

"20. 17 s. 9 d. Two months after date pay to my order, the sum of twenty pounds, seventeen shillings and ninepence, for value received." - And that he afterwards, on the same day, feloniously did forge and caused to be forged, and willingly acted and assisted in falsely making and forging an acceptance of the said bill of exchange, with intention to defraud John Simmons .

Second Court. For uttering and publishing as true, a like forged acceptance of the said bill of exchange with like intention.

Two other Counts. Of like offence, with like intention; and

Two other Counts. Of like offence, only stating it to have the signature of John Simmons , with like intention.

(The case was stated by Mr. Knapp.)

JOHN SIMMONS sworn. - Examined by Mr. Knapp. Q. Where do you live? - A. At Great Barkham; I am in the straw-plat way; I come to town twice a week; I saw the prisoner at the Artichoke in Fleet-market; I cannot tell the day; I saw him once before; I sold him the goods in the month of August.

Court. Produce the note. (The note produced by the witness.)

Q. The name of Simmons on it is your name on it? - A. Yes, I cannot write, my daughter put that name on it.

Court. This is a charge against the prisoner for forging a bill of exchange. A bill of exchange consists of a note drawn upon a person on a certain date, signed by somebody before it is accepted. Instead of that, this bill is accepted before it was signed, therefore it was no bill at all; therefore, when you were there, they told you they would give you a bill, and with an acceptance, they having put the acceptance, and there is no name signed to it. It cannot be called a bill of exchange, because it requires something else to a bill of exchange, which is the handwriting of a drawer. I cannot take that as an act of forgery, because it is not a forgery of a bill of exchange; when the name is not written upon it it is no bill of exchange, it is but a bit of blank paper. Prisoner, I advise you to take to other courses.

NOT GUILTY .

London Jury, before Mr. Recorder.

Reference Number: t18051030-61

719. JOHN CARTER was indicted for feloniously stealing, on the 19th of September , nine pounds weight of thread, value 2 l. two dozen pieces of tape, value 13 s. two gross of garters, value 20 s. and three dozen pair of stockings, value 3 l. 13 s. the property of James Church .

(The case was stated by Mr. Knapp.)

GEORGE TUGWELL sworn. - Examined by Mr. Knapp. I am an apprentice to Mr. Bourbidge, wholesale haberdasher in Holborn.

Q. Did you pack up any parcel to go with the Lambourne waggon? - A. Yes; I believe it to be the 17th of September; it contained thread, tapes, and garters.

Q. To whom did you direct it? - A. They were put up in brown paper; the parcel was directed to George Hill, Lambourne, Berks; I delivered it to our porter, to be taken to the King's Arms, Holborn-bridge.

JOHN GOLDWORTHY sworn. - Examined by Mr. Knapp. Q. You are a porter at Bourbidge's? - A. Yes.

Q. Do you remember receiving a parcel directed to Lambourne by the last witness? - A. Yes; I took it to the King's Arms, Holborn-bridge, for Church's waggon; it was directed to Mr. George Hill, Lambourne; I delivered it to the book-keeper.

JOHN WOOD sworn. - Examined by Mr. Knapp. Q. You are book-keeper to the King's Arms? - A. I was at that time.

Q. Did you receive a brown-paper parcel, directed to G. Hill, Lambourne? - A. I did; Mr. Bourbidge's man put it in the Lambourne warehouse; I entered it on the 17th of September.

JOHN GREGORY sworn. - Examined by Mr.

Knapp. Q. You are the waggoner of the Lambourne waggon? - A. Yes.

Q. Did you receive a parcel directed to Mr. Hill, Lambourne, on the 17th of September? - A. Yes, I put it in the waggon.

Q. Did you go away with it safe from the King's Arms? - A. For all I know, I did.

Court. Q. Had you any thing to cover the waggon? - A. Yes.

Q. Do you remember the parcel put in? - A. Yes.

GEORGE TILNER sworn. - I produce the parcel.

Q. (To Tugwell.) Is that the parcel that you packed up? - A. It is.

Q. (To Goldsworthy.) Do you know that parcel? - A. That is the parcel I took to the King's Arms Inn.

Wood. I recollect the parcel; I believe it to be the same.

George Tilner . I am a constable of St. Sepulchre's: Three of the watchmen brought the prisoner into the watch-house, with that bag, containing four parcels, and that was one of them; that was on the 19th of September between one and two o'clock in the morning.

Mr. Knapp. Q. What did the prisoner say when he was brought in? - A. I asked him what he had got in the bag; he said, he had been at Brentford, and coming down Monmouth-street he picked it up, and he was going to Edmonton; I opened the bag and broke open this parcel, and in the parcel I found the bill of parcel, which led to a discovery of the owner, and the next morning I went to whom it belonged to.

Q. (To Gregory.) What time did you load your waggon? - A. We began loading on the Wednesday night about five o'clock; we staid at the inn till about four o'clock on Saturday morning.

- DAVISON sworn. - Examined by Mr. Knapp. Q. You are a watchman of St. Sepulchre's? - A. On the morning of the 19th of September, about twenty minutes before two o'clock, the prisoner was in West Smithfield, he passed by me as I was in my box; I followed him, as he wished to shun me as much as possible, and when I came up to him I felt the bag; I asked him, what he had got in there; he replied, what is that to you; I said where are you going to; he said, Edmonton; I said, you are too late for the fair now; he then said, he would give me sixpence to let him go; I said, I cannot let you go; in the mean time my partner came up, and we conducted him to the watch-house. That is the bag we took off his shoulder, I delivered it to Tilner at the watch-house. (The property identified by Tugwell.)

JOSEPH HEARNE sworn - Examined by Mr. Knapp. Q. You keep the King's Arms? - A. Yes; I am in partnership with my mother.

Q. Does the King's Arms inn lead to West Smithfield? - A. It does; James Church is the proprietor of the waggon.

Prisoner's defence. On the 18th of September I was out in the country seeking for labour; it was late before I returned from Hammersmith; coming down Monmouth-street I saw this parcel on the road; I found this bag and threw it over my shoulder; I came to West-street, Smithfield, and there the watchman stopped me; I was taken to the watch-house and there I was examined.

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

GUILTY , aged 59.

Confined six months in Newgate , and fined 1 s.

London Jury, before Mr. Recorder.

Reference Number: t18051030-62

720. MARY MACDONALD was indicted for feloniously stealing, on the 25th of October , six books, value 2 s. 6 d. one housewife, value 1 s. 6 d. and two packs of cards, value 1 s. the property of Joseph Garbenetty .

JOSEPH GARBENETTY sworn. - I live at No. 202, High-Holborn; the prisoner at the bar was a servant of mine.

Q. Did you lose six printed books, a housewife, and a pack of cards? - A. Yes.

Q. When was it you lost them? - A. I cannot exactly tell; she had only been with us two months and a few days; on the day my wife missed a great many things, we insisted upon looking into her box in the kitchen, where she slept; she fetched the box herself, and told my wife to look in it; we there found six books, a housewife, and two packs of children's cards; she said that she took the books to read; I know they are my books, they had been in the shop a long time; they are children's spelling-books, they are all alike.

- GARBENETTY sworn. - I am the wife of Joseph Garbenetty; I searched the prisoner's box about three weeks or a month ago; I told her I missed these things; she went and fetched the box herself, and I found the books, the housewife, and the cards; the books she said she had taken to read, the housewife she found in the shop as she was sweeping it up; she cleaned it, and as she cleaned it she said, she thought she had a right to it for her pains; the cards she could not give any account of.

Q. You knew them to be your's? - A. Yes, the moment I saw them.

Q. Is there any private mark on them? - A. I knew the housewife by a mark on it.

Q. What mark is there on it? - A. The mark of the dirt where she had cleaned it; I had mentioned to my husband that we must sell it for less than its value on that account.

Prisoner's defence. I took the books to read with intention to put them back again in the same place; I put them into my box, having the children in the kitchen, I never offered to lock it; one

day I went out with the children, and when I came home, my mistress said, Mary, I have missed some books; there were these books in the box, I put the books in there to take care of from the children, as I was going out; it was far from my intention to take them out of the house.

Q. (To prosecutrix.) Did she ever tell you that she had taken any books? - A. No; I asked her when she took them to read; she told me that she read them when she went to bed; they are all spelling-books, and mostly alike.

Court. One of them is a hymn-book; they are not all alike.

GUILTY , aged 32.

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

Second Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18051030-63

721. ANN WATERS was indicted for feloniously stealing, on the 4th of October , one child's bed-gown, value 4 d. a cap, value 1 s. three-quarters of a yard of lace, value 1 s. 6 d, a wine-glass, value 6 d. four knives and eight forks, value 1 s. 8 d. a quart bottle filled with run, value 2 s. and two tippets, value 1 s. the property of James Riley .

JAMES RILEY sworn. - I am an attorney at law ; the prisoner lived servant with me three years ago; about seven weeks ago she came into my service a second time.

Q. When did you miss these things which are the subject of your indictment? - A. I was present when the officer took them out of the box.

Q. When was it you had occasion to suspect this woman? - A. The bottle of rum I missed about the beginning of last month; the lace was missed by my wife about the 23d of October; Bly came with a search-warrant against the prisoner at my house; she refused to give the key of her box; Bly broke it open; in the box there were three bottles found; the bottle of rum was nighest towards me in the box, with the letter R. upon it.

Q. Did you know by that letter R. that it belonged to somebody? - A. I had reason to suspect it.

Q. Can you speak by any peculiarity of the letter? - A. I compared it to other bottles with the letter R. on them, and they appeared to be the same hand-writing of the wine-merchant; the bottle was filled with rum; there were four knives and eight forks, and a child's cap.

Q. When you found these things in her box did she say any thing? - A. I told her I suspected her to be the thief who robbed me so largely; she immediately fell on her knees: I told her she should not stop, I had charged other persons with it; she begged to stop till Mrs. Riley came home? on the Tuesday following she begged me to forgive her, and she would go abroad with her husband, who was a soldier and was ordered abroad; I told her I would have nothing to do with it; I was present when all the things in the indictment were found in her box except the lace.

MRS. RILEY sworn. - I was not at home at the time this search was made.

Q. Did you come home before this girl was taken away by the constable? - A. No; I searched the box after I came home.

Q. Was the prisoner present at the time you searched the box? - A. No, she was gone.

Q. Was any body present at the time you searched the box? - A. No, no one.

Q. What did you find in that box which is the subject of the present charge? - A. About three-quarters of a yard of lace; I knew it to be mine; I saw the other things taken out of the box at the Magistrate's.

Q. Had you noticed the bottle of rum so as to be able to speak to it with certainty? - A. No, I had only missed it; the child's cap I knew to be mine, I made it myself; and the two tippets are made by myself; there is no mark on them, I knew them by my own work.

Q. There are four knives and eight forks - do you know these; are you sure they are his own property? - A. Yes.

Q. Can you speak with certainty to the child's bed-gown? - A. That is my own work; I can speak to it with certainty; the lace I had some time in wear, I taxed her with it after she had returned into my service the second time.

Q. She had never owned to you that she had it in her box? - A. No, she said she had not seen it.

Q. Had you any other servant? - A. Not at that time.

Q. What is the value of the bed-gown? - A. Fourpence, four knives and eight forks, 1 s. 6 d. the lace at 1 s. 6 d. two tippets 1 s.

JAMES BLY sworn. - I am an officer of Queen-square: On Wednesday, the 23d of October, I went to Mr. Riley's; I searched the prisoner's box.

Q. When you were there did you find the articles that are now produced? - A. Yes, all but the lace.

Q. How did you get at that box? - A. I broke it open; the prisoner said, d - n my eyes if you shall open my box without you shew me the warrant.

Q. Did she use that expression? - A. Yes.

Q. (To prosecutrix.) Tell me whether you have any doubt of their being your property? - A. They are all my husband's property.

Prisoner's defence. Please you, my Lord, this bottle of rum was not Mr. Riley's; the way I came to have these three bottles in my box, Mrs. Riley had a gentleman and lady that lodged there, she gave my husband a shilling and me two, and a bottle of cyder; she told me she would not carry

away empty bottles, I might keep that bottle, and two more that were in the back kitchen; my husband thought he would buy some rum to have a glass of a morning when he mounted guard. I put these three empty bottles in my box; my husband told me he would buy some rum, he did buy one bottle full, and the glass was left by them; their servant told me to take it up stairs till she called for it; I told my husband to keep the glass, if the servant did not call for it. Mr. Riley was going to have a great dinner on the Sunday; I took the things which were laying about, and put them into my work-box; I told my husband to take it up stairs, and put it out of the way, and he put it into my box; the best knives and forks I put into Mr. Riley's desk, and some of my own are among these which Mr. Riley has got here. There was no robbery intended, I never wished to defraud my master and mistress, I knew I had a good place, having my husband there as well as myself; if I had wished to defraud them, I could have defrauded them of other more valuable things.

GUILTY , aged 20.

Transported for seven years .

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18051030-64

722. JOHN-LEONARD WHITE and JOHN RICHARDSON were indicted for that they, being ill-disposed persons and reputed thieves , on the 24th of September, in the 45th year of His Majesty's reign , being found in the King's highway, in a certain street called Lamb's Conduit-street, in the parish of St. Andrew, Holborn , with intent to commit a felony on the persons and property of His Majesty's subjects, each of them being then and there for their said offence liable to be apprehended and detained by any watchman; and that they the said John-Leonard White and John Richardson , on William Randall , a subject of our Lord the King, then and there being a watchman , and in the due execution of his duty, then and there laid hands upon the said John-Leonard White to apprehend and detain him, and that he the said John-Leonard White feloniously and maliciously did make an assault upon the said William Randall , then and there being such watchman, and in the due execution of his duty, so endeavouring then and there to apprehend him, feloniously and maliciously did make an assault with a sharp instrument, to wit, an iron crow, then and there feloniously did strike, stab, and cut the said William Randall , giving him thereby a wound in and upon the left side of his head, with intent, in so doing and by means thereof, to obstruct the lawful apprehension of him the said John- Leonard White and each of them, they being each of them the accomplice of each other, to the great damage of the said William Randall , against the statute, and against the King's peace .

And several other Counts, For like offence, only varying the manner of charging them.

JOHN JACOB sworn. - Examined by Mr. Gurney. Q. I believe you are a watchman? - A. I am.

Q. Were you stationed on the morning of Tuesday, the 24th of September, in Lamb's Conduit-street? - A. Yes.

Q. At about two o'clock on that morning did you hear any thing in the area of No. 36? - A. I did; I went to the rails, and looked down the area, I saw the kitchen shutters wrenched.

Court. Q. Were they outside shutters? - A. Yes, they were outside shutters that were wrenched, and upon hearing footsteps below, I called out, who is there below.

Mr. Gurney. Q. Was any answer given you? - A. No, there was no answer given me; upon that account I sprang the rattle instantly.

Q. What took place upon your springing the rattle? - A. He endeavoured to get out of the area.

Q. Did you see one person, or more than one? - A. I saw two.

Q. Where did those two persons come from? - A. I saw two persons in the area.

Q. What did those two persons do? - A. They attempted to get over the rails; I struck at one of them with my stick.

Q. Did that one that you attempted to strike get away from you? - A. Yes.

Q. Before they came out of the area, did either of them speak? - A. Yes, he said, shoot him.

Q. Give me the words? - A. The words were, shoot him.

Q. Were they both of the same size, or different sizes? - A. One was taller than the other.

Q. Can you tell whether it was the tall one or the short one that said it? - A. I cannot tell; I made a strike at the first man that attempted to get out of the area, but the stick slipped out of my hand at first, and by that means he got round the corner into New Ormond-street.

Q. Did you call to any other watchman? - A. Yes, I did, to stop him.

Q. How soon did you see that man taken? - A. I saw him after he was taken.

Q. How soon did you see any body in custody? - A. It may be four or five minutes, I found him in Morris's custody.

Q. Are you able to say that the man that was found in Morris's custody, was the same man that you struck at? - A. I cannot.

Q. Did you see the other man get out of the area? - A. No, I did not.

Court. Q. This man that got out of the area first, you do not state whether you pursued him or no? - A. I pursued him, and lost sight of him.

Q. Did you see him get into New Ormond-street? - A. I saw him turn the corner of New Ormond-street; I called to another watchman in New Ormond-street to stop him, and I looked to see if no person passed.

Court. Q. Was it a tall man or a short man? - A. A short man.

Q. Did you observe the colour of his clothes? - A. No; he got over, and I made a strike at him.

JOHN LOVETT sworn. - Examined by Mr. Gurney. Q. I believe you are a bill-sticker? - A. Yes.

Q. On the morning of September 24, were you in Lamb's Conduit-street? - A. I was.

Q. Did you see the last witness spring his rattle? - A. I saw it and heard it both; I immediately ran to the watchman's assistance, I saw him run, and Richardson was before the watchman.

Q. How far? - A. Two or three yards.

Q. Two or three yards only? - A. It might be more, I cannot say.

Court. Q. Where did they run to? - A. Towards New Ormond-street.

Mr. Gurney. Q. How near was Richardson from the spot where you first saw the watchman spring the rattle? - A. Between there and New Ormond-street.

Q. How near was he to that area? - A. About four or five yards.

Q. And about three yards from the watchman? - A. He might be more.

Q. Did you pursue him? - A. I pursued him, and the watchman running after him; he turned round New Ormond-street out of Lamb's Conduit-street.

Q. You still pursuing him? - A. Yes, I was following the watchman, and the watchman was following the prisoner.

Q. Did you outrun the watchman? - A. No; the prisoner stopped short at the right hand side of New Ormond-street, two or three doors down; he turned round to come into Lamb's Conduit-street again; the watchman there lost sight of him, I did not lose sight of him.

Q. Did you see him stopped? - A. I saw a watchman coming running at a distance; I halloaed out to the watchman to stop that man, and I told him there had been a house broke open.

Q. That was Morris? - A. It was.

Court. Q. You saw him stop him? - A. Yes; I immediately ran to his assistance, and I laid hold of him likewise.

Mr. Gurney. Q. Had he never been out of your sight till then? - A. No, I never lost sight of him till he was laid hold of by the watchman.

Q. Who laid hold of him first? - A. Morris, the watchman, laid hold of him first; we brought him back to the door of the house which they had been attempting to break open; there I searched him, and found this knife, a bit of tobacco, and a bit of bread and cheese.

Court. It is a common knife.

Mr. Gurney. It is.

Richardson. (To the Witness.) Q. Did you ever see me in the company of Leonard White ? - A. Not till I saw you at the Magistrate's.

JOHN MORRIS sworn. - Examined by Mr. Gurney. Q. I believe you are a watchman? - A. Yes, at the corner of Lamb's Conduit-street, Theobald's-road.

Q. At the time of which the witnesses have been speaking of, did you hear the springing of the rattle? - A. I heard the rattle when I was on my beat, at half after two o'clock in the morning; I listened to the rattle to hear which way it was, and then I ran immediately to my brother watchman's assistance.

Q. Was any person pointed out to you in New Ormond-street by the last witness, Lovett? - A. As I was running down New Ormond-street from Lamb's Conduit-street, I saw a man running, and a man said, watchman, stop that man, he is a thief; by that means I collared him; Richardson is the man, who is now one of the prisoners at the bar. When I had collared him, Lovett called and asked if I wanted any assistance; I told him if he thought proper; he came over and assisted me immediately.

Q. Did you, after you had taken him, find any thing near the spot where you took him? - A. When I took him, Lovett said there was a house attempted to be robbed, No. 36, Lamb's Conduit-street.

Q. Before you got there, did you find any thing? - A. Yes, a little green baize bag, within about three yards of the spot where I took Richardson; it was an empty bag.

Q. Where did you find that iron crow? - (the witness holding an iron crow in his hand.) - A. About eight doors from No. 36, towards the Foundling-hospital, it laid in a puddle of water.

Q. Were there any marks on the crow? - A. I did not look at it till I was at the Justice's, and then there was some blood upon it, and the marks of blood is on it now; when I picked it up, I lodged it in our watch-house.

Court. Q. Then you did not observe the marks of blood on it when you had it at the watch-house? - A. I did not observe it till I got to the Justice's.

Richardson. (To the Witness.) Q. Whether that crow was found in the way that I run? - A. No.

Q. Did you ever see me in the way which Leonard White run? - A. I did not.

Jury. Q. Was the crow covered with water when you took it out of the puddle? - A. The bent part was not covered with water, and it was the bent part that was marked with blood.

Court. It was dropped by somebody or other.

Mr. Gurney. That is all that it amounts to.

Q. Is there any blood on it now? - (the crow handed to the Court and Jury.) - A. No.

White. He said before the Magistrate there was no blood on it whatever.

Witness. I never said any such a word.

Mr. Gurney. Q. Where did you find it? - A. About eight doors from the house which was attempted to be broke open.

Q. Near the Foundling? - A. Two yards from where I was told Leonard White made a stop.

Mr. Gurney. Do not tell us what you were told.

White. He said it was very wet, that he had wiped it with his coat, and that he did not observe any blood on it at all.

Court. Q. Did you say any thing about any blood being on it, or not? - A. I did not, I delivered it up to Mr. Spraggs at the watch-house, and he produced it before the Magistrate.

Q. You might not observe blood on it before it was produced before the Magistrate? - A. No.

Q. That blood might be on before, or it might not? - A. Justly so.

WILLIAM RANDALL sworn. - Examined by Mr. Gurney. Q. You are a watchman? - A. Yes.

Q. On the morning of Tuesday, the 24th of September, between two and three o'clock, did you hear the rattle spring in Lamb's Conduit-street? - A. Yes.

Q. On hearing that, did you repair towards No. 36? - A. Yes.

Q. Did you find any person coming out of the area - coming over the iron-rails? - A. I saw Leonard White coming out of the area over the iron-rails.

Q. Did you speak to him? - A. Yes, I said, halloa, friend, what are you after there.

Q. What answer did he give you? - A. He said he was going to take a walk in the morning before the family were up, and as he jumped off the rails I laid hold of his coat, and he gave me a knock on the left side of my head.

Q. Was that knock, as you describe it, with his hand or with any instrument? - A. I cannot tell, it was with something very heavy.

Q. What was the effect of it? - A. It fetched me down to the ground.

Q. Describe what effect it had on your head? - A. It cut a very large place, there is the mark there now.

Q. Turn towards the Jury, and see whether they can see it? - Jury. Yes, we see it.

Q. Had you your hat on? - A. Yes, (shewing the hat,) that is the hat, it is cut through there, and the blood is in the hat now.

Q. Did it produce an effusion of blood? - A. A great quantity; this is the shirt (shewing it) I had on at the time, it contains the blood from my head.

Q. Did the blow deprive you of your senses? - A. No, it did not, I got up almost directly.

Q. Did you then see the person by whom you were cut? - A. He was never out of my sight till he was taken, he ran down towards the Foundling-hospital, he crossed over the street, and then he crossed back again, and leaned against a post.

Court. Q. Who crossed over? - A. The man that cut me.

Mr. Gurney. Q. Was he out of your sight at all till he was taken by Abbot? - A. Not at all.

Q. Was any other person near at the time you were struck? - A. No other person at all.

Q. Was the person who was so taken never out of your sight, and the person so taken was the prisoner White? - A. Yes.

Court. Q. Who took him? - A. Abbott.

Q. You have heard of a person taking up this crow, was that the way the prisoner White ran? - A. It was.

Q. Did you direct Morris to look to the spot? - A. No.

Q. Did you observe any thing at the time that the prisoner passed that spot? - A. He went by that spot.

Q. You were attended by a surgeon on account of this cut? - A. I was.

Q. When you were knocked down, did the person leave you immediately? - A. He ran away from me directly.

Q. Was it a light night or dark? - A. Rather darkish, not moon light.

Q. How long do you think you were falling and getting up? - A. A couple of minutes.

Q. Do you mean to say you did not loose sight of him when your face was to the ground? - A. My face was not to the ground.

Q. How far distance from you was the man when you got up? - A. About the length of eight houses.

Q. Do not you suppose that a man could run further than the length of eight houses in two minutes? - A. He might if he liked.

Q. You say you saw a man that leaned against the post, was that the man that knocked you down? - A. Yes.

Prisoner. Q. Is it likely that if I knocked you down, I should lean against a post.

Court. That is a matter of observation.

DANIEL ABBOTT sworn. - Examined by Mr. Gurney. Q. I believe you are likewise a watchman? - A. Yes.

Court. From the best consideration that I can give of this case, however heinious the offence is, the prisoners cannot be convicted upon this indictment as it is at present framed. We must all feel that persons of this description should be brought to justice, still the law must not be strained to affect that purpose. This indictment states the prisoners

as being ill disposed persons, and reputed thieves in the King's highway, in a certain street called Lamb's Conduit-street, with intent to commit a felony, and liable to be apprehended and detained by any watchman in the due execution of his duty, namely, to apprehend and convey them before some one or other of His Majesty's Justices of Peace. William Randall being there described a watchman in the due execution of his duty, they feloniously did assault, and with a sharp instrument did strike, cut, and stab him with an instrument, namely, an iron crow, thereby giving him a wound in and upon the left side of his head, with intent in so doing to obstruct or resist the lawful apprehension and detainer of them; the indictment is founded upon a very wholesome act passed two years ago, it has made it felony without benefit of Clergy, unlawfully to stab or cut any of His Majesty's subjects; among other things it mentions with intention to obstruct, or resist the lawful apprehension of the person that struck, or his accomplices. Upon this branch of the act, the present indictment is found, it charges the offence in different counts, only varying the manner of charging the prisoners; there was an act passed the 23d of George III . made for the protection of house-keepers, and within which act the prisoners at the bar seem more properly to fall, that is, if any person being apprehended with any pick-lock key or crow, do break and enter into any dwelling-house, warehouse, &c. with intent to assault any person; on this clause, it seems to me, the evidence applies; or shall be found in or out of any dwelling-house, or in any inclosed yard or area belonging to any house, with intent to steal any goods or chattels, he shall be deemed a rogue or vagabond; from the face of this indictment, it turns out not proved that these prisoners were in any street in the King's highway, with intent to commit a felony on His Majesty's subjects, there is no evidence; they are found in the area, and we must say there is enough to warrant a conclusion that they were there with an intent to steal, it seems to me, the evidence does not support it; we will be open to those who have prosecuted, if they wish to prefer another bill from this charge; it seems to me, the prisoners must be acquitted.

NOT GUILTY .

First Middlesex Jury, before Mr. Baron Thompson .

Reference Number: t18051030-65

723. ROBERT CABLE , and MARY SEAGO were indicted for feloniously receiving on the 12th of July , one hundred and thirty yards of printed cotton, value 10 l. fifty yards of corduroy, value 5 l. one hundred yards of Marseilles quilting, value 15 l. the property of William Smith , being part and parcels of certain goods, whereof John Higgins, Charles Clark , and William Doe were last Sessions feloniously convicted; they well knowing it to be stolen .

(The indictment was read by Mr. Gleed, and the case was stated by Mr. Gurney.)

JAMES CHETHAM sworn. - Examined by Mr. Gleed. Q. You, Sir, are an attorney? - A. I am, I produce a copy of the record of the conviction of John Higgins , Charles Clark , and William Doe .

(The record of the conviction read in Court.)

JAMES SMITH sworn. - Q. You are the brother of Mr. William Smith ? - A. I am.

Q. Where was your brother's warehouse situated at that time? - A. No. 10, Basing-lane, in the City of London.

Q. During the absence of your brother, the warehouse was entrusted into your care? - A. Yes.

Q. Where you there on the 11th of July? - A. I was, I left the warehouse about half past eight o'clock in the evening, and there was a quantity of goods left in it.

Q. In consequence of some information that you received, you went to the warehouse again? - A. I did, about half past nine o'clock the next morning, and I found that the greatest part of the goods that I had left there the night before were gone.

Q. Did you see those goods afterwards? - A. I saw them at Worship-street Office, on the 12th.

Q. They were also produced here upon the trial of Higgins, Clark, and Doe? - A. They were, I was present when Higgins, Clark, and Doe were tried and convicted.

Cross-examined by Mr. Alley. Q. You swear that you are not in partnership with your brother as you swore before? - A. I am not.

Q. Is your brother returned yet? - A. He is not.

Jury. Q. When did you dissolve partnership with him? - A. It was dissolved the last day in July, it was in the Gazette.

ISAAC YOUNG sworn - Examined by Mr. Gurney. Q. You were porter at this warehouse, on the night of the 11th of July, did you leave the warehouse safe? - A. Very safe, Mr. Smith locked the door about half after eight.

Q. On the morning of the 12th, about what time did you go to the warehouse? - A. About nine o'clock. I found the door very aukwardly situated, it would not open at all with any key, the door was upon the single lock, and the latch was confined up with a piece of stick.

Q. Had that latch been fast the night before when you left it? - A. It was.

Q. Did you find any part of the property gone? - A. Yes, the warehouse looked very naked, there was a great deal of the property gone.

Q. I believe the persons indicted last Sessions of the name of Clark and Higgins had been to that warehouse two or three days before? - A. They had.

Cross-examined by Mr. Alley. Q. I dare say all that you do is for the public good, have you been able to find any thing of your worthy master since? - A. I have not been able to find any thing of him.

WILLIAM BLACKWELL sworn. - Examined by Mr. Gleed. I live at No. 66, Noble-street, Goswell-street.

Q. A person by the name of Doe was tried last Sessions that lived in Noble-street, how far did he live from you? - A. About ten or eleven doors on the other side of the way in the same street.

Q. On the 12th of July, what time did you get up in the morning? - A. About ten minutes or a quarter after four in the morning, I looked out of my window, I observed a hackney coach stand at Doe's door, and the coachman was standing at the head of his horses.

Q. Did you see any thing taken from that coach into Doe's house? - A. Yes, in large coarse bags.

Q. What is Doe? - A. He is a dyer.

Q. You were present last Sessions when a quantity of parcels were produced? - A. Yes.

Q. Were they parcels of that description? - A. Yes, they were large square parcels, what they call packages that I saw taken out of the coach.

Court. Q. Like what we call bales? - A. I could not discern they were brown canvas bags, I saw two men come round and turn towards Old-street.

Mr. Gleed. Q. You afterwards came down stairs, and watched Doe? - A. I did.

Q. Were did these two men come from? - A. Out of Doe's house, they went towards Old-street

Q. Did you afterwards see Clark or Higgins? - A. I saw them in the street, near about six o'clock, I saw two men go up stairs in Doe's house, and come down again, Higgins went on one side of the way, and the other man on the other side of the way in a swansdown waistcoat.

Q. Did you see Higgins go up stairs into Doe's house? - A. I did not.

Q. You saw two men coming down stairs, and at the same time Higgins was on one side of the way, and the other man on the other side? - A. Yes; and the last time I saw Higgins he was on the same side of the way as I was; Higgins passed me two or three times that morning.

Q. On the same morning did you see Clark? - A. No, not to notice him.

Cross-examined by Mr. Alley. Q. What time was it you saw Higgins? - A. A little before six o'clock; I cannot speak to a minute or a quarter of an hour.

JOSEPH BLACKWELL sworn. - Examined by Mr. Gurney. Q. You are the brother of the last witness? - A. Yes.

Q. On the morning of the 12th of July did you watch the proceedings at Doe's house? - A. Yes, I began to watch between seven and eight o'clock.

Q. Did Clark, who was tried at the last Sessions, go into Doe's house with a bag in his hand? - A. Yes, a little before eight o'clock I saw him go into the house with an empty bag, he staid in the house about two or three minutes, and then came out with the bag full; I followed him to see where he carried it; I saw him carry it to a tobacconist's in Golden-lane.

Q. Was that the house of Cable, the prisoner? - A. Yes; he just went in and come out again.

Q. Did you see the bag when he came out? - A. I did not see the bag when he came out.

Q. How near did you stand to Cable's house when you saw him go in? - A. I might be about a dozen doors off; he came back and went to Doe's house again, and then I saw him with the bag in his hand when he got near Doe's house.

Q. How long did he stop at Doe's house then? - A. He only just went up and came down directly, with a large parcel on his shoulder; I followed him, and in crossing Old-street-road, near to Golden-lane, Higgins accosted him and they both went on together; and when Clark came almost to the tobacconist's shop, Higgins crossed over the way while Clark went in.

Q. Did you see Clark carry that parcel into Cable's house? - A. Yes; I then returned home again.

Q. At this time I believe your mother had sent for Armstrong? - A. Yes.

Q. How soon after you returned from Cable's house did you see Armstrong? - A. Directly I went back; Higgins being taken, I guided Armstrong to Cable's house, and when we were in Cable's house Clark came in; I saw him taken. Armstrong then asked the prisoner, Seago, if any parcel had been brought there that morning; she said, no, none at all, there had been no parcel brought there that morning; Armstrong asked her if she belonged to the shop; she said, no; she mentioned some name of the prisoner, that he was some relation to her, and he would be in presently; I understood her to mean Cable; he came in in about a minute or two afterwards; then Armstrong asked him if there had been any parcel left there that morning; he said, no; when Seago came in he asked her, and said, if there has been any thing tell; then she said there was something left and it was under the counter; they then brought out a parcel which Clark had carried the second time; then I said there was another parcel: Seago said it was up stairs; one of the officers went up stairs with Cable and brought the other parcel down.

Q. Was that about the size of the other parcel? - A. Yes; I did not see it when it was taken there because it was in a bag.

Cross-examined by Mr. Alley. Q. You have been very attentive to this circumstance; you say, about half-past seven you saw Clark go to Cable's house, and on the road he met with Higgins and spoke to him - on the second time of his going did you observe

every one that he spoke to? - A. Higgins met him, you know.

Q. I do not know any thing but what you tell me - the first time Clark went to Cable's house he spoke to no one? - A. He did not.

Q. The second time did he speak to any body but Higgins? - A. He did not.

Q. You never saw any thing of the prisoner Cable till you saw him at his own house? - A. I did not.

Q. You saw every thing that was done by Clark? - A. I did.

Q. Clark had nothing at all to do with Cable? - A. Not while I saw him.

Q. If he had done any thing with him you must have seen him? - A. Unless he was in his own house.

Q. You have said that when he went into Cable's he came out directly? - A. Yes.

Q. It was about half after eight when you saw Cable at his house? - A. Between eight and nine.

Mr. Gurney. Q. How long was it between your seeing Clark going the first time and your seeing Cable? - A. It was very near nine o'clock.

Q. Then it was above an hour from the time you first saw Clark to the time you saw Cable, when you went with the officers? - A. Yes.

Court. Q. Where is your house? - A. In Noble-street.

Q. How far is your house from Cable's? - A. Rather better than a quarter of a mile.

Q. How long were you absent from Cable's house between the first and second time? - A. About a quarter of an hour.

JOHN ARMSTRONG sworn. - Examined by Mr. Gleed. Q. You are an officer of Worship-street? - A. Yes.

Q. On the 12th of July, in consequence of some information that you received, you went to the house of Doe, in Noble-street? - A. I did.

Q. What did you take from Doe's house? - A. - A. I took a great quantity of goods, which I had in my possession, and which was produced last Session.

Q. You afterwards apprehended Higgins, who was tried last Session? - A. I apprehended Higgins before I quitted Doe's house that morning; and I put all the goods in the care of the officers.

Q. From some information that you received you went to the house of Cable? - A. I went to the corner of Golden-lane and put the officer in possession of what was taken, and with Mason and Joseph Blackwell , I went to the house of Cable, in Golden-lane; over the door is Robert Cable , headborough; he serves as headborough in St. Luke's, and keeps a tobacconist's shop.

Q. What time of the day might this be? - A. About nine o'clock; when I got to Cable's house, I and the boy entered, I knocked, as I saw nobody for about a minute, and then Cable came down stairs; I asked him if he lived there, and if his name was Cable; he said, yes; I then said, has there not been two parcels left here this morning; he said, no, not to his knowledge, for he had been out, and he could prove it; he had been out to his tobacconists, I believe he said, in St. John's-street; I asked him if he had any body to mind his house; I believe his answer was, that he had a niece, and she would be in in a few minutes; before ever his niece came in, Clark came in, whom I knew, and he knew me, I said, secure him (he was tried last Sessions) Clark instantly said to us, I came in for a bit of tobacco. In a minute or two the prisoner Seago came in, without a bonnet or cloak, whom he described as his niece; I then put the question to her in the hearing of Cable, has there been any goods brought here this morning; she said, no; I said, if there has, you may as well tell me; Cable said, if there has, do tell; she then seemed a little surprised, and in a minute she said, there was a parcel left, which was under the counter; I went to the counter and produced all these goods which are in that bag; after I had pulled them out, I said to Mr. Cable, I must go up stairs; Cable said, no, but he made no resistance whatever; I went up stairs, and in the right-hand room on the one pair of stairs, I found this piece of Corduroy on the table, lying open.

Q. Did Cable go up stairs? - A. I do not know whether he followed me up or stood at the bottom of the stairs.

Court. Q. Was it a bed-room? - A. There was a bed there, and a gown there hanging upon pegs, or nails; the door of the room was open, and this laid to the view of any body; in the left-hand front room; up one pair of stairs, this piece of cotton laid on the back of a chair, it was open; I secured the goods and took Mary Seago with me to the Office; I left Cable to come to the Office; I was not there when he came; after I had found the goods, Mary Seago said they were left there by a man which she should not know, nor did not know.

Cross-examined by Mr. Alley. Q. Cable kept his appointment punctually, and came to the Office? - A. Certainly he did.

Court. Q. He came voluntarily? - A. I was not there; I heard as much.

PETER MASON sworn. - Examined by Mr. Gurney. Q. Did you go with Armstrong to Cable's house? - A. Yes; as soon as we went in we saw nobody there; Mr. Armstrong knocked against the wainscot and called out several times; in the course of a minute or two Cable came down stairs without a coat, in his shirt sleeves; Mr. Armstrong asked him if he lived there, and if his name was Cable; he said, yes; he then asked him if there

had been any goods or packages left there that morning, he said, no, not to his knowledge, he had been out to his tobacconist's, in St. John-street; he said his niece would be in in a few minutes, she was only gone for some rolls, and she could tell better than him, as she was at home while he was absent. While Mr. Armstrong was talking to Cable, with his back rather towards the door, I saw Clark coming towards the door; I turned my face on one side to let him come in; I thought if he saw me he would not come in; when he came in, Mr. Armstrong turned round to see who it was; he said, take care of him; we observed his coat was all covered with flew.

Q. Did Joseph Blackwell say any thing? - A. As soon as he came in, Joseph Blackwell pulled me by the coat, and said, that is the man that brought the goods; Mary Seago then came in, and Mr. Armstrong asked her if any parcels had been left there; she denied it two or three times; Mr. Cable said to her, if there has been any thing left here; tell him; she then said, there was something left there by some man, she did not know him, not should she know him if she was to see him again; Clark was then sitting down close to her on a tub in the shop, and his face was towards her. Mr. Armstrong asked where the goods were; she said, behind the other counter, not where she was; Mr. Armstrong went and drew a large package from under the counter, and asked her if there were any more goods; he said he must go up stairs, and see for them.

Q. Did Seago or Cable say any thing to that? - A. I cannot say that I noticed that; Armstrong and Cable both went up stairs out of the shop, but whether they went into the room I cannot say, I remained in the shop with Clark; I saw Mr. Armstrong bring down this printed linen and this corduroy; we put the goods, and Seago and Clark, into the coach, and left Cable to shut up the shop, and he came afterwards; he came to the Office afterwards, before the examination took place.

Cross-examined by Mr. Alley. Q. Before Mr. Armstrong attempted to go up stairs, did not Mary Seago say there were more goods up stairs? - A. No; I am positive that after her master said to her, tell if there is any left, she then only said behind the counter.

Q. Did Cable make any obstruction to his going up stairs? - A. None.

Mr. Gleed. (To Mr. Smith.) Q. Just look at the corduroy? - A. I cannot swear to the goods themselves.

Q. Were there goods in your brother's warehouse of that description? - A. There were.

CHARLES BLIGH sworn. - Examined by Mr. Gleed. I am a warehouseman: These were originally my property; I sold them to Mr. Smith, there are my marks on them; all these quiltings I can swear to.

Q. Look at the whole? - A. Similar goods I certainly did see in the warehouse.

Cross-examined by Mr. Alley. Q. You sold these things to William Smith , the prosecutor - upon the oath you have taken, did not you sell them to William and John Smith ? - A. I sold them to William Smith ; I saw them in Mr. Smith's warehouse on the night previous to the robbery.

JOHN RICHARDS sworn. - Examined by Mr. Gurney. Q. Were you a warehouseman to Mr. Smith? - A. At the time of the robbery I was.

Q. Look at these goods - are there any of them that you can speak to as being the property of Mr. Smith? - A. No further than by pattern, I believe them to be the very same goods.

Q. You saw the other goods which were produced, that were taken from Doe's house - did they make up all the loss? - A. No, not within 30 l. the whole loss was about 174 l.

Q. (To Young.) You have looked at all these goods, do you believe them to be what you lost from your master's warehouse? - A. Yes, they are of the same pattern as we lost.

Cable's defence. On the 12th of July last, I went out in the morning some little time after seven o'clock to Mr. Finch's, in Whitecross-street; I stopped there some time, as I usually served Mr. Finch with tobacco, and from there I went to Mr. Sculthorpe's, in St. John-street; I continued there till about half past eight. From there, returning home, in Charterhouse-square I met a young man named Jones, I used to serve his father with goods when he kept a public-house; after I parted with him I went home, and when I got home I sent my niece out for some rolls for breakfast; she had not been gone out the space of a minute before in come Mr. Armstrong and another gentleman with him; I was up stairs, at the time they came in, shifting my coat; Mr. Armstrong, and the other man that was with him, knocked on the counter as people do when they come in for a small article they want; I directly came down stairs, I had not time to get my coat on; Mr. Armstrong said to me, has there any small parcels been left here this morning; I said, no, not that I know of; I told them my niece would be in directly, and she could inform them. He had not been in long, before she came in, and he asked her whether there had been any goods left there; she first said, no; I said, if there has been any thing left, say so; she directly said there was some parcel left there by a man. After that, Mr. Armstrong looked behind the counter, which was at a different part of the shop to where I was, and took out a parcel; he then said there is another parcel; she said it was up stairs; I said, Mr. Armstrong, I will go up with you. Accordingly he and I went up together,

and the first room he went into he saw a parcel lie on a chest; we have no table in that room; coming out of that room he saw a bit of cotton lying on a chair; he said, does that belong to you; I said, not that I know of. I shewed him into all my rooms, and when he and I came down, he said to Mary Seago , you must go along with me; accordingly she went; he said to me, Mr. Cable, you will come down by-and-by, which I did; I am entirely innocent of the facts which are charged against me.

Seago's defence. I am innocent of what is laid to my charge.

WILLIAM FINCH sworn. - Examined by Mr. Alley. On the 12th of July I was a publican; I kept the Ship, in Whitecross-street, by Cripplegate church.

Q. On the morning of the 12th of July, do you recollect seeing the prisoner Cable, and where? - A. At my house.

Q. What time did he come there? - A. A little after seven; he came to take orders for tobacco.

Q. How long did he stay with you? - A. I suppose about half an hour, or a little better.

Q. Did you see him after he left your house? - A. No.

Cross-examined by Mr. Gurney. Q. You say you saw him about half an hour in your house? - A. I suppose about that time.

Q. What was he doing all that time? - A. He had a pint of porter in the tap-room.

Q. What order did you give him? - A. An order for three pounds of tobacco.

Q. How came you to learn it was the 12th of July? - A. Because, we having no tobacco in the house, I went up the street to his shop, and the shop was shut up.

Q. You say he stopped half an hour? - A. He did.

Q. How far is your house from his? - A. My house is at the bottom of Whitecross-street; I suppose it is about five minutes walk, or not so much.

Court. Q. You have left this Ship public-house? - A. Yes.

Q. Do you keep a public-house now? - A. No; I sold the lease of that house because my wife's illness would not let me carry it on.

Q. What quantity at a time did you usually supply yourself with of tobacco? - A. Sometimes two pounds, and other times three and four pounds; I sold three different sorts, returns, cut, and shag; I generally used to have a supply of a pound of each at a time.

Q. How came Mr. Cable to know that you were out of tobacco at that time, you had not let him know that you were out of tobacco? - A. I was out of that article, and most generally he called himself and generally early in the morning; my house opens about six o'clock, or a little before, and about from that time to eight he used to call to know.

Q. When did you know that you were out of this sort of tobacco? - A. I knew it the night before at ten o'clock, when we shut up; this article, the returns, I keep in a jar, and we always have it on the settle of the bar to fill pipes; it was more generally visited than the other tobacco.

Q. When did you learn that Mr. Cable was taken up? - A. On going up to his house to know why my order was not executed.

Q. Can you swear particularly to the time he was there? - A. I cannot to the time he came over or under half an hour; I cannot be positive to the exact moment; I did not know there was any necessity of minuting it down.

Q. Do you mean to say that he staid half an hour at your house? - A. It was somewhere thereabouts.

Q. Where do you live now? - A. I live in the City-gardens, City-road; I am looking out for another public-house where there is a little more air.

Q. Is your wife better? - A. Much better.

Q. Unto whom did you dispose of your house? - A. To a person of the name of Gillam, who keeps it now

Q. How do you know it was this precise time? - A. By the arrangement of my business, it being about breakfast time, which is a little before eight; I asked the prisoner at the bar to have some breakfast; he preferred beer.

Q. You did not know this by any clock? - A. No.

Q. Did he enter into any conversation with you? - A. No further than what orders were wanting.

GEORGE SCULTHORPE sworn. - Examined by Mr. Alley. Q. What business are you? - A. I am a tobacco manufacturer, No. 181, St. John's-street, West-Smithfield.

Q. Do you recollect on the 12th of July last, seeing the prisoner at the bar? - A. Yes, about five or ten minutes before eight o'clock in the morning.

Q. What distance may your house be from the house where the prisoner lived? - A. I frequently walk it in about six or seven minutes.

Q. For what purpose did he come to your house? - A. He came to order some tobacco; he staid with me about half an hour.

Q. Did you see any thing further of him from the time he left your house till the time he was taken into custody? - A. No.

Q. How do you recollect it was on the 12th of July? - A. I recollect it was on Monday; on the next day I learnt he was taken up.

Cross-examined by Mr. Gleed. Q. You are a tobacco manufacturer - did he deal with you? - A. Commonly he did.

Q. Were his orders large or small? - A. They differod; sometimes large and sometimes small; he gave me a small order for six pounds of roll tobacco, or pigtail, that morning.

Q. What was his usual hour of calling? - A. Sometimes in the morning, sometimes in the middle of the day, and sometimes in the evening.

Q. Did he ever call so early as that hour in the morning? - A. Yes, frequently; he has come at an earlier hour.

Court. Q. How do you know that it was a little before eight? - A. I heard the clock strike eight before he left the shop.

Q. Can you say with positiveness how long he staid? - A. About half an hour.

Q. He had no occasion for waiting half an hour, six pounds of tobacco might be served in a great deal less time than half an hour? - A. Some kind of conversation was introduced, which made him stop longer than usual, which frequently is the case about business.

Q. What other business did he come for or talk about? - A. Sometimes it is very common to find fault and to talk about the article they had before.

Q. What did he talk about then? - A. I do not recollect.

Q. You say he kept you in conversation half an hour? - A. I believe him to be half an hour in the shop, I do not know that he conversed with me for the half-hour.

Q. Then nothing at all detained him on any point of business? - A. I do not know that there was.

Q. I should be glad to know if you have any clock in your house? - A. Yes.

Q. What clock did you hear strike eight? - A. St. James's church, Clerkenwell parish clock.

Q. When did you relate that circumstance of the parish clock having struck eight? - A. I do not know that ever I related that before.

Q. How far is the church from you? - A. It is within three or four minute's walk.

Q. How came you to remember this time so particularly? - A. I usually get my breakfast about nine o'clock; it was ready soon after he was gone.

Q. Who applied to you to come here? - A. I was served with a subpoena on Thursday evening last.

Q. This happened on the 12th of July? - A. Yes.

Q. Have you ever been applied to before last Thursday? - A. Yes, I was spoke to; I was told that my evidence would be necessary soon after he was taken up.

Q. Were you told in what respect your evidence would be necessary? - A. No, not to the best of my knowledge.

Q. You were told you were to be a witness but you were not told to what you were to be examined? - A. No.

Q. Recollect (it may turn out extremely material) whether any body had explained to you before this time, to what purpose you should be examined - you hear the question - has any body told you what facts you should be expected to prove, before this time? - A. Not that I recollect.

Q. You are quite sure of that? - A. Yes.

Q. Did you attend here last Session? - A. No.

DAVID JONES sworn. - Examined by Mr. Alley. Q. What are you? - A. I am at present out of business, I was a publican; I live at No. 6, Bowling-green-row, Pitfield-street.

Q. Do you recollect, on the 12th of July last, seeing the prisoner Cable? - A. On the 12th of July last, a little after eight o'clock, I went from my house to Holborn; about half past eight, or a little more, I met the prisoner Cable in Aldersgate-street; he appeared to be coming from Charterhouse-square, he crossed over the way, and asked me how I did.

Q. You met him in the way coming to his own house? - A. Yes, near Carthusian-street.

Q. How do you recollect it was on the 12th of July? - A. By the business that occurred in the course of the day.

Q. How soon after he was taken up did you learn he was in custody? - A. Near three weeks.

Court. Q. You did not hear that he was in custody for three weeks after then - it was from some circumstance that occurred afterwards that you recollect the time? - A. Yes.

Mr. Gurney. Q. What part of Aldersgate-street did you meet him in? - A. B Carthusian-street; he appeared to be coming from Charter-house-square; he was coming up towards Old-street; I was going to Holborn on business.

Q. I dare say if I was to ask you where you went last Friday three weeks you could not tell me, you are so accurate a man? - A. Last Friday three weeks was not the 12th of July; it might be a fortnight after he was taken up.

Q. How soon after he was taken up were you applied to to give evidence? - A. Cable sent to my father's house.

Q. You were then told what facts you should be wanted to prove? - A. I was asked what time in the morning I met him.

Q. Can you tell where you were last Thursday fortnight at a quarter past eight in the morning? - A. I had nothing so particular required my attention.

Q. Was there any thing particular that morning - you did not know that he was going to be taken up in an hour afterwards - what particularly called your attention to it? - A. Because I was going to Holborn.

Q. There was nothing particular in that calling your attention; when you met him he did not say you have met me twenty minutes past eight o'clock? - A. He did not say any thing of the kind.

Q. Had you breakfasted before you went out? - A. No; I heard St. Luke's clock strike eight before I went out.

Court. Q. It was a fortnight or three weeks after you met him, that you heard you were to be an evidence? - A. I cannot recollect exactly to a week.

Mr. Gurney. Q. I dare say you looked at the church clocks that you passed? - A. No, not particularly; I might look at half a dozen or more for what I know.

Q. Did you look at St. Andrew's clock? - A. I might.

Q. I dare say you can give me the minute that you arrive at the person's house at Holborn-hill? - A. Perhaps it might be nine o'clock, or a little before, when I got there; I stopped there with Mr. Andrews, the public-house-keeper; it is a watering-house; about ten minutes.

Q. On particular business? - A. Not particular with him; I called on my way to Charing-cross.

Q. You told us before you went to Holborn-hill on particular business? - A. It was particular business; Mr. Andrews had a bill on me; I went to him to get him to allow me a little time to pay it.

Court. Q. Then it was particular; what was the amount of the bill? - A. Seven pounds seventeen shillings, for poultry I had of Mr. Andrews, the publican, when I kept the sign of the Pewter Platter in Charles-street, Hatton-garden; the bill became due about the 15th or 16th of July; he said he would not mind giving me a week or ten days; I took it up about a fortnight afterwards.

Mr. Gurney. Q. You went from there where to? - A. To Charing-cross.

Q. That was likewise particular business? - A. I went to the Admiralty, to a young man, one of the messengers there, that owed me twenty shillings; from there I went over Westminster-bridge to a Mr. - , who is the paviour of the Borough; I staid there an hour or more, I believe; I came in the city afterwards; I came over London-bridge.

Q. Where to; the city is a large place? - A. I believe I stopped and had a glass of ale at the Flower-pot, the corner of Threadneedle-street; I cannot exactly tell you where.

Q. Now I will ask you how lately you kept a public-house in Charles-street? - A. Until last May; I declined it.

Court Q. Now mind, you say that is the reason you left it, you declined it; you may alter it if you please; you know that if a man declines a thing he willingly renounces it? - A. I was obligated to decline it; my affairs did not go on very well.

Q. Do you mean that to be the reason? - A. Yes

Mr. Gurney. Q. Perhaps you may give me a little plainer answer than that; what do you mean by your affairs not going on well? - A. I became insolvent, and was obliged to leave it; from there I went to live in apartments in Banner-street, where I lived about six months.

Q. Then you were lodging in Banner-street at the time you have been speaking of? - A. Yes.

Q. You became insolvent in May; from that time to this have you done any one thing to get a livelihood? - A. There are several of my debts I have collected in.

Q. Debts you say you have collected in; an insolvent man always gives up his debts - have you lived upon them ever since? - A. Partly; my wife has an annuity.

Q. You have been in no way of getting a livelihood? - A. Not permanent.

Q. Temporary or permanent, have you had one week's birth of any kind? - A. No more than gathering these small debts.

Q. That is not getting a livelihood - to what amount has these small debts been? - A. About 28 l. the small debts in town.

Q. How long did you live in Charles-street? - A. About nine months.

Q. Pray where did you live before you went there? - A. In Bateman's-row, Shoreditch. There I lived in private previous to my going to Charles-street.

Q. What do you mean by living in private? - A. In the first place, I had a concern in the Southampton coach about seven months; I kept a house in in Bateman's-row about five years.

Q. Were you clerk to a merchant? - A. Yes, I was clerk to Charles Brook near seven years; I was never clerk to any body else; I left him with intention of going into the public line in the country when I could get a place to suit.

Q. Have you been open and visible for the last two years to be met with by any body? - A. No, I have not.

Q. Who were the persons you were afraid of meeting? - A. I was afraid of meeting nobody.

Q. Who were the persons that you avoided? - A. I avoided nobody.

Q. Did you never abscond under a charge of felony? - A. Never.

Q. Who was the warehouseman that was tried when you lived with Mr. Brook? - A. There was a labourer tried here.

Q. Did you not abscond at that time? - A. I did not, I had no occasion, I was here in this yard at the time he was tried. Mr. Dellatory desired me to attend; I was not out of the way.

Court. Q. Where did you live at that time? - A. In Bateman's-row.

Q. Did Mr. Dellatory and Mr. Brook know where you lived? - A. Yes.

Q. That you are sure of? - A. Yes; I left Mr. Brook's service about three weeks after that man was tried.

Mr. Gurney. Q. Did you leave him or he part with you? - A. I left him.

Q. You gave him warning? - A. I gave one of the clerks warning.

Q. What length was the warning? - A. I declined the service.

Q. How long before you left it, did you mention that you were going to leave it? - A. About a fortnight.

Q. Your wages were paid you? - A. Yes.

Q. Was that after the trial at the Old Bailey? - A. Yes, it was after the trial.

Q. You swear that? - A. Yes.

Q. And Mr. Dellatory, Mr. Brook, and Mr. Clarke knew where you lived? - A. Yes.

Mr. Alley. Q. You came here by Mr. Dellatory's request? - A. I did.

Court. Q. There was a bill you have been talking about that was not due on the 12th of July? - A. It was not.

Q. What was the particular business that fixed this in your mind; first of all you told us it was particular business in Holborn-hill, and then you said Charing-cross, on the morning of the 12th of of July, and that that is the reason you assigned? - A. As I said before I went to Holborn-hill with intention to entreat that gentleman to give me a little time.

Q. You said that was not the business? - A. There was no more particular business than that.

Q. How came you to swear that you had particular business on that day which made you remember the day, and you told that gentleman that was not the particular business? - A. If I did, I mistook, I had nothing more particular than to ask leave for a little longer time for paying of the bill.

JOHN VICKERY sworn - Examined by Mr. Gurney. Q. You are a Police-officer of Worship-street? - A. Yes.

Q. You remember the circumstance of the wool being stolen from Mr. Dellatory? - A. Yes, I and Armstrong apprehended the prisoner.

Q. Were you in search of the last witness, could you find him? - A. No, we went to his house in Bateman's-row two or three times, we could not find him.

Mr. Alley. Q. You say you have been at his house; by whose directions were you trying to find him out? - A. By the direction of the clerks.

Court. Q. How long were you after him? - A. We were three times after him; there was a great deal of wool stole; I have seen him since that man was tried; then we could not get proof against him; I certainly knew him, and if I had seen him before I should have took him up.

Q. If you had seen him in this Court-yard, should not you have taken him up? - A. I will not say that I should, because when we are here we attend particularly to the Court; we do not attend to any thing out of doors.

Cable called nine witnesses, who gave him a good character.

Seago called three witnesses, who gave her a good character.

Cable GUILTY , aged 33.

Transported for fourteen years .

Seago NOT GUILTY .

Second Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18051030-66

724. THOMAS ASBY and JAMES BROWN were indicted for that they, on the 17th of August , feloniously did forge, and cause to be forged and counterfeited, and did willingly act and assist in feloniously uttering and publishing as true, a certain forged bill for the sum of 25 l. with intent to defraud John Brown .

There being no evidence against the prisoners, they were

ACQUITTED .

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18051030-67

725. NATHAN SETTLE was indicted for that he, being clerk to William Tucker , did receive and take into his possession a Bank-note, value 10 l. for and on account of his said master, and that he afterwards fraudulently did embezzle, steal, secrete, and carry away the same . And

Five other counts for a like offence, only varying the manner of charging them.

WILLIAM TUCKER sworn. - I am an attorney , in Staples Inn; the prisoner was my clerk about three months; About the 4th of September I went out of town, leaving him in the care of the chambers; I directed him, if he wanted money, to have it of Mr. Areton; or if he received any, to pay it to him also; Mr. Areton offered to superintend the business in my absence. I returned to town on the 12th, in the evening; I found many letters in one of the desks, which should not have been; on the next morning he did not come to the office; about twelve o'clock I received information from a person that he had received ten pounds; in consequence of which I searched his desk; I there found a second letter; this is one of the letters I found:

"Dear Tucker - Enclosed you have ten pounds. Your's, respectfully,

W. Wood."

I gave him no authority to open any letters but country letters; I do not find fault with him, he was my clerk.

Q. My clerk has no authority to open my letters? - A. Country letters I gave him authority to open. Having found this letter, I sent the porter of the

lodge for him; I did not see him till about seven or eight o'clock at night he came so drunk I told him to go about his business, and to come when he was sober. A day or two afterwards I met the postman, he told me that he had lent him 6 l. 10 s. he offered it me, and I took it.

Cross-examined by Mr. Alley. Q. You have said this man had authority to open letters, which no doubt he had? - A. Yes.

Q. Did not the prisoner tell you, and you found it a fact that he had lent the postman 6 l. 10 s. of of this money, which money the postman afterwards paid to you? - A. Yes.

Q. There were some other expences that he paid? - A. Not that I know of.

Q. You and he kept a book? - A. Yes, my memory was so short.

Q. Did he charge you with the 10 l. in the book? - A. No, here is no entry of it, subsequent to receiving this 10 l. note.

Q. Did not you and he settle, and did not there remain a balance of 3 l. to him? - A. He owes me 8 l.

Q. Did he receive it from you or from others? - A. I cannot tell, only by the books. It is money that he has received from other persons, every halfpenny is on the creditors side.

Q. And you have had no settlement of this to the subsequent time? - A. None at all.

Q. After you returned from the country, did you indict him for a felony? - A. I did.

Q. How long did you remain in town before you went into the country? - A. About a week.

Q. In the course of that week had you seen the prisoner? - A. I think he has called three times, twice out of which I have seen him.

Q. Did not he then tell you he had expended the 10 l.? - A. I mentioned it to him.

Q. Did not he tell you that the postman was to pay you? - A. Yes, and I took it of the postman.

Q. Did not the man tell you he was in distress for money, and the postman came to be paid, did you pay him monthly or in two months? - A. Whenever it was two or three pounds.

Q. Sometimes you have lent the postman money? - A. I do not recollect having ever lent him money, I would have done it.

Q. Did not the man tell you that with the rest of the money he was obliged to keep himself while you were out of town? - A. No; this book I found in his desk, and that letter with another letter.

Q. It was about a month after this before you thought of indicting him? - A. I indicted him immediately I came up to town.

Q. Did you not tell him if he would pay you the balance, you would not indict him? - A. No, I never said any thing, he wrote a letter to that effect, I never wrote a syllable to him.

Court. Q. When you charged him with the 10 l. what did he say to it? - A. I mentioned it to him, and a 1 l. note he had taken out of another letter, he admitted that he had it.

Prisoner's defence. At the time Mr. Tucker came to town, it was very late in the evening. On the Saturday morning I went to the Office, he said, Mr. Settle have you received a 10 l. note, I told him that I had given the postman 6 l. 10 s. and the rest I had made use of on my account. Upon that, he pulled out the account book and settled it, and made me debtor for seven or eight pounds, upon that, he said, how do you mean to pay me. I told him it was not in my power to pay him then, he said to me, the sooner you can pay it the better, and as for your character, you must do as you like, I did not hear of it for five or six days; I wrote a letter and told him it was out of my power to do it, but if he would give me writing to do I would write it out. He came to my lodgings, I told him then it was entirely out of my power, that I had no money, I would write it out; he said, I have made up my mind, and walked out.

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

GUILTY , aged 43.

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

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18051030-68

726. MARY SMITH was indicted for feloniously stealing, on the 26th of September , a black silk cloak, value 14 s. the property of Roger Smith .

ANN SMITH sworn. - I came from Ireland to see my daughter; the rest of my family are in Ireland: On the 25th of September, I went to a play, and about half past eleven o'clock, I came home to my lodgings, the Hare and Hounds, in Puckeridge-street; I found the door locked, I began to cry; the prisoner at the bar came up to me, she said, do not be afraid, I will take you to an honest lodging; she took me home to where she lodged, in Puckeridge-street; she asked the man of the house if he could accommodate me, he said he could. In the morning the man came up, I asked the price of the lodging, he said a shilling, I took the bonnet off my head to get money to pay him. I went to get my cloak, and I could not find it; I asked the prisoner at the bar where my cloak was, she said, she never saw my cloak, I said, you could not be blind you must see my cloak.

- BROWN sworn. - Q. Mrs. Brown, you live in the same lodgings in Puckeridge-street? - A. Yes, I lodged in the same room as the prisoner; on the 26th of September, this cloak was lost; the prisoner went out in the forenoon, and came home in the afternoon, and laid down on the bed, as she was laying down on the bed, her bonnet fell off, and a duplicate fell out of her bonnet, I had the

curiosity to take it up, I saw it to be a cloak pledged in her name for 14 s. I laid down the ticket at the same time the woman came up that belonged to the house.

Q. You saw the ticket drop from her bonnet? - A. I did.

WILLIAM JONES sworn. - I am a pawnbroker. I produce a cloak pawned on the 26th of September, in the afternoon, by the prisoner at the bar; I lent her 14 s. upon it.

Prosecutrix. I am sure this is my cloak.

Prisoner's defence. The prosecutrix came and laid in the room where I was; she was out in the street; I go out to clean houses, or any thing I can do; she was locked out of her apartment; I said there was a lodging in Puckeridge-street. In the morning the landlord wanted her to make up the money for him, she had no money to pay for the lodging; in consequence of that she left her bonnet to be pledged for the money, and the cloak was left to pawn, to give me something for my trouble.

Q. Did you keep the whole fourteen shillings? - A. I spent sixpence of it before I came home, I was very much in liquor; I left the remainder of the money till she called for it, the duplicate might be found on the bed for what I know.

Q. (To the prosecutrix.) Did you ever give her the cloak to pawn? - A. Never in my life.

GUILTY , aged 50.

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

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18051030-69

727. ESTHER-JANE JENNER was indicted for that she, on the 12th of October , did falsely pretend to Elizabeth, the wife of William Evans , that she was then sent to her by Elizabeth, wife of Samuel Richardson , for a five-glass cruet-stand, compleat, value 1 l. 2 s. by means of which false presence she did then and there obtain a cruet-stand, containing five glasses .

ELIZABETH EVANS sworn. - Q. What is your husband? - A. A glass and china man, No. 73, Newgate-street: The prisoner at the bar came to me on Saturday, the 12th of October, saying she came from Mrs. Richardson, in Fenchurch-street, with her compliments, and she would be glad it I would let her have a wire-plated cruet-stand with glasses, compleat; I accordingly delivered her a frame of that description.

Q. Did you know Mrs. Richardson before? - A. Yes, she frequently has things at our house; she keeps a shop in the same way; I never saw the prisoner before.

ELIZABETH RICHARDSON sworn. - My husband's name is Samuel Richardson .

Q. Do you know Mrs. Evans? - A. Yes.

Q. Do you know the prisoner at the bar? - A. Yes; she did live with me about three years ago as a servant.

Q. On the 12th of October did you send her to Mrs. Evans's shop? - A. No; I had not seen her from the time she left me till she was apprehended.

Q. When was she apprehended? - A. On the 23d of October; the first place that I saw her was in Lincoln's Inn-fields; she was in a coach, where she had been on a similar errand.

FREDERICK AUSTIN sworn. - I am a pawnbroker, No. 135, High Holborn; I produce a set of castors, which the prisoner at the bar brought to our house on the 12th of October, and borrowed the sum of ten shillings on them; she pledged them in the name of Mary Smith , Coal-yard.

Prisoner's defence. It was not me that pawned them with that gentleman.

(The property produced and identified by the prosecutrix.

GUILTY , aged 19.

Confined one month in Newgate , and fined 1 s.

London Jury, before Mr. Recorder.

Reference Number: t18051030-70

728. WILLIAM FORWARD was indicted with others for a conspiracy .

There being no evidence against the prisoner, he was

ACQUITTED .


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