Old Bailey Proceedings, 19th February 1806.
Reference Number: 18060219
Reference Number: f18060219-1

THE WHOLE PROCEEDINGS On the KING's Commission of the PEACE OYER AND TERMINER, AND GOAL DELIVERY FOR THE CITY OF LONDON, AND ALSO THE GOAL DELIVERY FOR THE COUNTY OF MIDDLESEX, HELD AT Justice-Hall, in the Old Bailey, On WEDNESDAY, the 19th of FEBRUARY, 1806, and following Days,

BEING THE THIRD SESSION IN THE MAYORALTY OF The Right Honourable JAMES SHAW , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT HAND BY JOB SIBLY, FOR R. BUTTERS.

LONDON:

PRINTED AND PUBLISHED By Authority of the CORPORATION of the CITY of LONDON By R. BUTTERS, 22, Fetter-lane, Fleet-street.

1806.

THE WHOLE PROCEEDINGS On the KING's Commission of the PEACE, OYER AND TERMINER, AND GOAL DELIVERY FOR THE CITY OF LONDON.

BEFORE the Right Honourable JAMES SHAW , LORD-MAYOR of the City of LONDON; JOHN HEATH , Esq. One of the Justices of His Majesty's Court of Common Pleas; Sir SIMON LE BLANC, Knt. One of the Justices of His Majesty's Court of King's Bench; Sir THOMAS MANNERS SUTTON, Knt. One of the Barons of His Majesty's Court of Exchequer; Nathaniel Newnham , Esq. Sir Brook Watson, Bart. Sir William Staines , Knt. Aldermen of the said City; John Sylvester , Esq. Recorder of the said City; Sir William Leighton , Knt. Richard Lea , Esq. Josiah Boydell, Esq. 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 County of Middlesex.

London Jury.

George Friend ,

Anthony Woodroffe ,

James Copous ,

John Davis ,

John Williams ,

Francis Pearson ,

Richard Dendy ,

John Lashbrook ,

William Hipper ,

Richard Oakley ,

John Raine ,

Richard Hunt .

First Middlesex Jury.

William Harman ,

John White ,

Benjamin Hobson ,

Stephen Cox ,

Charles Perry ,

Thomas Edwards ,

Robert Lawrence ,

James Sprigg ,

William Thompson ,

Thomas Mason ,

John Bradshaw ,

John Rison .

Second Middlesex Jury.

Joseph Patterson ,

Richard Clowes ,

William Robertson ,

Robert Duffield ,

Stephen Slade ,

John Savage ,

William Berridge ,

George Edward Woodhouse ,

William Godfrey ,

William Mills ,

James Hughes ,

William Lindsell .

Reference Number: t18060219-1

129. SARAH LAPPAGE was indicted for feloniously stealing on the 22nd of January , two petticoats, value 1 s. 6 d. a bed-gown, value 4 s. a quilt, value 12 s. a gown, value 12 s. a shift, value 4 s. and a cloak, value 15 s. the property of William Russel , in the dwelling house of William Shearman .

SARAH RUSSEL sworn. I am a married woman, my husband's name is William Russel , I live in Church-street, Bethnall-Green .

Q. Whose house is it you live in. - A. Mr. Shearman's.

Q. Does he live in the same house. - A. Yes.

Q. Have you the same door to the street with him. - A. No, I have a separate door to go up into my own apartment.

Q. You have a door from the street that belongs to you exclusively. - A. Yes, I have only one room.

Q. Do you know the prisoner. - A. Yes, she was a weekly servant, to do for me and my family till I could do for myself: she had only been with me a week and a day.

Q. Do you remember on Monday the 20th of January going any where. - A. I went out between ten and eleven o'clock to have my child christened; I left Sarah Lappage and my two children in my room.

Q. On your return home did you find Sarah Lappage there. - A. No, she was gone, I only found my two children there, one is four years old, and the other two.

Q. Did you discover any loss. - A. Yes, I missed my quilt from off the bed, my gown that was hanging on a nail, a silk cloak, a bed gown, two child's petticoats, a new shift from off the line, an old red cloak, and an handkerchief; it was all my husband's property but the silk cloak, which I borrowed of my mother; I have got two pounds to pay for it, I borrowed the cloak to go to church to have my child christened; unluckily I went out without putting it on.

- SIMMONDS sworn. I am a pawnbroker. I produce a silk cloak; the prisoner pledged it at my shop on the 20th of January, about noon, for ten shillings.

Q. What is it worth. - A. About sixteen or eighteen shillings to the owner.

- HOPHAR sworn. I am a pawnbroker's servant; I produce two children's petticoats and a bed gown, pledged by a woman (I cannot say as to the prisoner) for three shillings.

WILLIAM TINDALL sworn. I live at No. 23, Field-lane, Holborn; I produce a gown and a quilt pawned on the 20th of January for fourteen shillings by the prisoner.

Q. What are they worth to be sold. - A. About eighteen shillings.

(The property identified by the prosecutrix.)

DANIEL BISHOP sworn. I am an officer; the prisoner was brought to the office on the 23d of January; I searched her; in her pocket I found four duplicates, she said she had taken them through distress.

The prisoner said nothing in her defence, nor called any witness to character.

GUILTY, aged 17.

Of stealing to the value of thirty-nine shillings .

Confined Twelve Months in the House of Correction , and fined One Shilling .

First Middlesex Jury, before Mr. Baron Sutton.

Reference Number: t18060219-2

130. MARY STRACHN was indicted for feloniously stealing on the 3d of October , sixteen pair of cotton stockings, value 16 s. one sampler, with the silks, value 2 s. and a deal box, value 2 s. the property of Susannah Price .

Mr. Alley (counsel for the prosecution) declining to offer any evidence, the prisoner was

ACQUITTED .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-3

131. SARAH THORP was indicted for feloniously making an assault upon Ann the wife of William Pritchard , in the King's highway, on the 11th of February , and putting her in fear, and taking from her person and against her will, five yards of cotton, value 10 s. the property of William Pritchard .

ANN PRITCHARD sworn. My husband's name is William Pritchard , we live in Glass-house yard, Goswell-street, he is a waiter ; on the 11th of February, about half past eleven in the forenoon, I was going home; I had been to purchase five yards of cotton, in Beech-street in the city, I had the cotton with me; I was stopped by three women at the corner of Golden-lane ; the prisoner at the bar held me while the others robbed me; the prisoner asked me what I gave a yard for the cotton, the cotton had a bit of paper rolled over the middle, and the ends were uncovered, I had it in my hand.

Q. Three women came up to you; the prisoner asked you what you gave for the cotton. - A. Yes, I told her I gave two shillings a-yard; I was then going to pass on the curb-stone, when she stood against me; the others said I should like that too, and ran away with it down Golden-lane immediately: I held the prisoner at the bar and the other; she twisted my arm and undid the other woman, and she got away herself, I never lost sight of her till she was taken.

Q. Who took the cotton away from you. - A. Not the prisoner, the other, she ran down Golden-lane with the property.

Q. Did you ever find your cotton again. - A. No; I secured the prisoner.

Q. Are you sure the prisoner was one of the three. - A. I am positive, I can take my oath to it.

Prisoner to prosecutrix. Q. When you lost your cotton was not I in the pawnbroker's shop. - A. No, I met all three in the street, at the corner of Golden-lane.

RICHARD PHILIPS sworn. I am a constable; I took the prisoner into custody the corner of Gloucester-court, Whitecross-street.

WILLIAM RIDER sworn. I saw the prosecutrix and the prisoner, they were both holding each other as I was coming up Golden-lane; the prosecutrix let go her hold, and the prisoner ran up Golden-lane; they cried out Stop thief, a plaisterer stopped her in Whitecross-street, and held her till Mr. Philips came up and took her; she is the same person the prosecutrix had hold of.

Prisoner's Defence. I was coming by; there was these two women, and an acquaintance of that there woman that has been speaking against me, they were talking about the cotton, she said she gave two shillings for it; her acquaintance said she knew a woman that gave half a crown for it; I went into the pawnbroker's; she had hold of one of the women, I told her if she had any demands on me to have it; I stopped; the neighbours knowing of me, told me to go away; I never took the cotton away.

GUILTY, aged 25.

Of stealing only .

Transported for Seven Years .

London Jury, before Mr. Recorder.

Reference Number: t18060219-4

132. JOHN SAUNDERSON was indicted for feloniously stealing on the 8th of February , twenty bags, value 1 l. the property of Jacob Wrench and Jacob George Wrench .

JACOB WRENCH sworn. I live in Lower Thames-street, I am a seedsman ; I know no further than the bags were found upon him.

JOHN WOOD sworn. I am a warehouseman to Mr. Wrench; I missed several bags at different times, the property of Mr. Wrench, I acquainted Mr. Wrench of it; on Satuday week I missed some more, which I also acquainted Mr. Wrench; in consequence of that the prisoner was taken in custody and searched.

Q. What is the prisoner. - A. He was in the employ of Mr. Wrench. Some of the bags I had marked by the direction of Mr. Wrench, which were misshing.

Q. What time was he searched. - A. a little after eight, I believe I was not present.

Q. How did you mark them. - A. With pen and ink; one bag was marked with an H.

Prosecutor. In consequence of that we got an officer, and took him in custody, and in the presence of myself and constable, and one of my sons, we found seven bags on him; he was apprehended at my warehouse, Hawkins the officer brought him to my house; there were other bags found at his house, to the amount of fifteen, my servant knows them better than me, because they are in the habit of using them; he had lived with me about two months. We found one large bag found his body under his waistcoat and the small ones in the lining of his hat, and in his great coat pocket.

JOHN LACEY HAWKINS sworn. I am a constable; I took this man in custody on Saturday week, the 8th of February about eight o'clock in the evening, in Mr. Wrench's warehouse. When I went into the warehouse door I asked for John Saunderson , the men pointed to him, he seemed to wish to put his hand in his waistcoat pocket, I told him he must not do it; I took him to Mr. Wrench's shop, I found one or two bags under his waistcoat next to his shirt, some in the crown of his hat and some in his great coat pocket. Before he went out of the shop, he told the prosecutor, that he had never done any thing of the kind before; he begged to be forgiven. Mr. Wrench said that he had missed bags before, he wished to know where he lived; the prisoner said any person that was willing might go and search his house, they would find nothing there. After he was in custody I went to his house, over Blackfriars Bridge, to search it; I found some bags in the bed room in a cup-board, and some cut up in a child's cradle.

Q. Now produce that you found round his waist. - A. This large one was round his waist (producing it); some of these little ones were put up quite snug in the crown of his hat.

Q.(to Prosecutor) Do you know those bags. - A. There are a few marked; other seedsmen have the same kind of bags, I should not wish to swear to them all.

Q.(to John Wood ) Which are the bags you marked. - A. These two bags were marked by me, they are my master's property, I believe the other bags to be my master's property, but I should not like to swear to them.

Prisoner's Defence. Part of the stuff that is there never came out of Mr. Wrench's warehouse, I bought part of it myself.

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

GUILTY aged 46.

London Jury, before Mr. Recorder.

Reference Number: t18060219-5

133. MARY M'DERMOTT and MARY WRENTMERE were indicted for feloniously assaulting Mary the wife of Thomas Burk , in the King's highway, on the 24th of December , putting her in fear, and feloniously taking from her person and against her will, a bonnet, value 9 s. a cap, value 3 s. two hankerchiefs, value 3 s. and a patten, value 6 d. the property of Thomas Burk .

The prosecutrix and witness not appearing in Court, their recognizances were ordered to be estreated; the prisoners were,

ACQUITED .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-6

134. HENRY BASSON was indicted for feloniously making an assault on William Buckingham , in the King's highway, on the 4th of February , putting him in fear, and taking from his person and against his will, a silver watch, value 2 l. a smock frock,

value 12 s. a waistcoat, value 2 s. a pair of breeches, value 2 s. a pair of stockings, value 2 s. a canvas bag, value 3 d. a guinea, three half guineas, seven shillings, and a sixpence , the property of the said William Buckingham .

WILLIAM BUCKINGHAM sworn. I am a labourer . I am an Oxfordshire man. I came up to see my friends; at three o'clock in the afternoon I stopped at the Waggon and Horses at Uxbridge, and drank there with the prisoner.

Q. How long did you stop there before any thing happened to you. - A. The prisoner and I went to bed, and slept till about twelve o'clock the next day.

Q. What time did you go to bed at night. - A. About five o'clock at night, we come along to London together.

Q. Did you set out from thence with him. - A. Yes.

Q. What time in the morning. We started about twelve o'clock.

Q. You went out about twelve o'clock at night. - A. Yes.

Q. How far did you go before any thing happened to you. - A. About half a mile from Uxbridge I fell down, and he picked my pocket of one guinea, three half guineas seven shillings, and sixpence in silver, a smock frock, which was in my bundle, a waistcoat, a pair of breeches, two pair of stockings, and my watch he took out of my pocket; after he had picked my pockets he went away and left me.

Q. He did not do any hurt to you. - A. No.

Q.Is your watch in court. - A. Yes.

Q. How soon afterwards did you see the prisoner. - A. He left me in the road.

Q. He left you in the road, at that time was you intoxicated. - A. No, I was very sensible; I could not stand, I am lame. About five o'clock in the afternoon of the same day, I found him at the Spotted Dog in Oxford Road; he had then my frock on his back, and my watch in his pocket.

Q. Did you cause him to be taken or apprehended. - A. Yes.

Prisoner. He was very fuddled.

Q.(to Prosecutor) Did you know the prisoner before you met him at Uxbridge. - A. I had seen him before, I did not know any thing of him.

ELIZABETH MILLER sworn. I am sister to William Buckingham ; my brother came to me and said he had been robbed, I went in search of the man, I found him sitting in the Spotted Dog public house, Oxford Road; I asked him for the property, he said he had not got it, I fetched a constable, he was searched, he found his watch in his pocket and a seven shilling piece; the bundle was lying by him, and the smock frock was on his back.

- CHESTER sworn. I am a constable; the last witness came to me at the watchhouse, and said that her brother had been robbed; I went down to him, I produce the watch and the bundle, I have had them in my possession ever since I took it from the prisoner.

(The property identified by the prosecutor.)

Prisoner's Defence. This man and I came from a place called Tedsworth, we were coming up by the stage waggon, we came together till we come to Uxbridge, where we slept. We got up to come away, it was a very snowy morning, that man was very much in liquor; the waggoner, he and I were drinking together, we started after the waggon, he being fuddled could not walk; he got into the waggon, he fell off; the waggoner stopped the horses and came back to get him, he could not walk, than the waggoner says, I must not stop, I will leave your cloaths at the Green Man in Oxford-street; then I asked him if he could walk, he said no: I told him if he stopped there he would loose every thing that he had got, I took his watch and his bundle; he says my dear boy take care of every thing.

GUILTY aged 27.

Of stealing, but not violently from the person .

Confined Twelve Months in the House of Correction , and fined One Shilling .

First Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18060219-7

135. JOHN KALACKER was indicted for burglariously breaking and entering the dwelling house of John Dibble , about the hour of eleven at night on the 13th of January , and burglariously stealing therein fifty pound weight of leaden pipe, value 20 s. the property of the said John Dibble , and affixed to his dwelling house .

ANN DIBBLE sworn. I live at No. 8, Edmonds-street, Rupert street, St. James's.

Q. Do you occupy the whole of the house. - A. Yes.

Q. Was the cellar let. - A. No, the cellar could not be let, because of the common sewer running in it, I had the whole of the house and the cellar.

Q. Was there a way from the house into the cellar. - A. No, only from the street.

Q. How do you go into the cellar from the street. A. There was a flap went down, and then a door went across the flap.

Q.When you was in the cellar you could not get into the house. - A. No, there is no way but turning back the same way.

Q. Were you at any time alarmed by any noise. A. I was sitting in the parlour about eleven o'clock in the evening, on the 13th of this month, I heard a noise in the cellar, I called to Henry Fielder , and said there was somebody in the cellar; he was in the room with me, he lodges in the house; he went out and saw the turncock stand at the door; I ran instantly to the door with the candle in my hand, I saw part of my pipe laying over the flap of the cellar near a yard, I saw the remainder laying underneath the flap; I called out, Thieves, Watch, and seized hold of part of it; the constable came, I gave the pipe to the constable.

Q. When had you seen that pipe before: - A. It was impossible for me to see it; the New River company have occupied the cellar about two years, the steps were broke down.

Q. This pipe you had not seen for a long time. A. The water came in the same afternoon, the pipe goes through the cellar; it must have been there

the very same day, the water comes into the yard from that pipe; the door of the cellar was fastened by a nail on the outside, we never could keep a padlock on it; it was fastened at eight o'clock in the evening. I saw it myself, I went over it, and when I discovered the pipe laying there the nail was gone.

Q. Did you afterwards examine the pipe to see whether the pipe was unfixed from the wall or taken away. - A. I had the constable to go down.

Q. After this evening did the water come in as usual. - A. No, no water can come in now, because the pipe is gone; we were obliged to stop it up, because the water would float the cellar.

Q. Did you put that pipe down in your cellar. A. It was put down five years ago, the man that had the house paid for it, I had the charge of it, and if any thing was gone I was to make it good, it belonged to the house.

Q. Did you see the prisoner at all that night. - A. Yes, in the afternoon he had been to the next door taking the pipe out of the tree as they call it, he was a turncock to the New River company.

Q. You knew him did you. - A. Yes, he had been in my house that day; he was the last man that I should have thought of; he was taken to the watchhouse, I saw him at the watchhouse, and gave charge of him.

Q. No part of the pipe was carried away further than the flap of the cellar door. - A. No.

Q. You did not see him with the pipe. - A. No.

HENRY FIELDER sworn. Q. You were with Mrs. Dibble in the room that night. - A. Yes, she heard a noise at the cellar door as well as myself; she said to me, Fielder there is somebody at the cellar; I immediately ran out of the door, and saw the prisoner standing at the cellar door.

Q. What was he doing when you went out. - A. He was standing against it, he was just on the curb by the flap.

Q. You did not observe him doing any thing at that time. - A. No, he had not anything with him at the time as I perceived. When I went to the door I asked him what he had been doing in the cellar, he cried out What, that is all the answer he gave me; I put my hand to the door, and there was his spoon-hook entangled with the pipe.

Q. Did he stand still all the time while you examined. - A. Yes, he stood still all the time; I put my hand to shut the cellar door, I took hold of the hook which was entangled with the pipe; I says to him you have been and cut the lead pipe, he immediately rushed to me and snatched the hook out of my hand and ran away with it; in running he fell down, and when he rose again I found that one of his shoes was off, he was in George-court; then I heard his hook rattle against the pavement; by his running I perceived he had lost a shoe; I pursued him, he got into a stable, he having gained ground of me. I came back to Edmonds-court, my landlady says go to his lodgings in Green's-court; I went, and in less than five minutes he came there quite out of breath; I was standing just opposite, I took hold of him by the collar, he said it was not him, I said he was the man standing at the cellar door taking the leaden pipe away. He asked me to let him go. I told him I would not, I gave charge of him at the watchhouse.

Q. How soon after did you examine this pipe to see whether it was broken or cut any where. - A. I did not examine it till the constable had got it away.

Q. Can you say when you saw it laying over the flap of the cellar whether it was cut or separated from the wall where it had been fixed - A. I did not observe whether it was cut or broken then, I know since that it had been broke off. The next morning I went into the cellar I observed the lead pipe was gone from wall to wall; the leaden pipe was fixed in the main and went from wall to wall of the foundation of the house.

Q. Did you observe at that time that the pipe had been twisted off from wall to wall. - A. Yes.

Q. Was there any part of the pipe left in. - A. There was part of the pipe left in the but in the value, I got it out, it matched with it; a part was missing, with a brass cock, before he was detected, that part we never saw again.

JAMES SLADE sworn. I am a constable; about ten or fifteen minutes after eleven o'clock at night, I pursued him down Rupert-street, and missed him; I returned back to Mrs. Dibble's, there I found about a yard of the pipe out of the cellar, and a yard in the cellar; I took it up, it was entirely loose from the wall, I took it away; the prisoner was given into my charge at the watchhouse; there were about nine yards of pipe gone from the wall. The prisoner had this instrument in his hand at the watchhouse, I told him he must deliver it up to me, I was obliged to take it away from him by mere force.

Q. What do you call it. - A. They call it a spoon hook, it is what they use in their business, I took the lead to my own house, and marked it on the next morning; we examined the cellar, we found it was stripped off from wall-to wall, and this end of the pipe seems to match the end that was cut next to the but, the other end was gone.

JOHN NASH sworn. About eleven o'clock I had a friend come to see me, I had occasion to go for some brandy, I saw him crawl up out of the cellar.

Q. At eleven o'clock at night it was dark; how do you know it was the man. - A. I am very well acquainted with the man, I have treated him with many a glass of gin, the prisoner knows it himself.

Q. Did you speak to him. - A. I did not. I went on about my business.

CHARLES SPENCER sworn. I heard the cry of Stop thief and Watch; I went to Mrs. Dibble's door, I saw a number of men run, they said the turncock had cut the pipe of. Fielder came back, and said he was sure it was the turncock, he could not overtake him; I went up Green's-court, the prisoner came up quite out of breath, we secured him and took him to St. James's watch house.

- SAVAGE sworn. Just after eleven o'clock I had shut up my house, I heard an alarm of Watch and Stop thief, I saw the pipe laying on the flap

of the cellar; I never lost sight of it till it was given to the constable.

Q.(to prosecutrix) Mrs. Dibble, are you a married woman. - A. Yes, my husband's name is John Dibble .

Q. Does he live in the house with you. - A. No, he has left the house these three years; I know he is alive.

Prisoner's Defence. It is only a spite against me: I am the turncock that belongs to the New River company; I informed against all that let the water run to waste, because a great many got no water, the foreman came along with me, and cut the pipes off, because they should not run it to waste. I was going into my door when they laid hold of me, they said I was going to steal the lead pipe; there is Mr. Nash, I took his water off; it is all their spite because I cut their water off.

GUILTY, aged 28.

Of stealing, but not of breaking and entering .

Transported for Seven Years .

First Middlesex Jury, before Mr. Justice Le Blanc.

Reference Number: t18060219-8

136. JOSEPH TOWNEND was indicted for burglariously breaking and entering the dwelling-house of John Courtice , about the hour of ten at night on the 23d of January , and burglariously stealing therein a basket, value 2 s. 6 d. a set of bed furniture, value 15 s. three frocks, value 8 s. a cloak, value 5 s. two gowns, value 2 s. a pincloth, value 6 d. a sheet, value 6 s. 2 shirts, value 2 s. five shifts, value 5 s. five towels, value 3 s. and two handkerchiefs, value 6 d. the property of the said John Courtice .

SARAH COURTICE sworn. I am the wife of the prosecutor, I live in Carnaby street , my husband is a journeyman carpenter .

Q. When was it you lost this property. - A. On Tuesday the 23d of January, it was taken out of our shop.

Q. You was not in the shop. - A. No, I was in the parlour; it was before ten o'clock.

Q. Where had you left this property. - A. I had taken it off the line, and throwed it on the clothes basket, I had left it in the shop; the wearing apparel is here and the bed furniture.

Q. When was the last time you saw it before it was taken. - A. Not many minutes before I missed it.

Q. Were you alarmed with the property being taken. - When I missed it gone I was alarmed, I can only swear to the property.

Q. Is it your husband's house Mrs. Courtice. - A. Yes, the whole house belongs to him.

MARTHA WILMOTT sworn. Mrs. Courtice is my sister, I live with them.

Q. Whereabouts was you when this property was taken. - A. I was standing in the parlour adjoining the shop, I saw the prisoner in the shop, the cracking of the basket made me look towards him.

Q. What do you mean by the cracking of the basket. - A. It made a noise when he took it up, he took the basket off the table, I followed him immediately and cried out Stop thief, but soon lost sight of him; some gentlemen that heard our cries pursued him and took him.

Q. Was he brought back. - A. He was taken, I saw him again at the watchhouse.

Q. Can you swear that the person you saw at the watchhouse was the same that you saw in the shop. A. Yes.

Q. How long had you lost sight of him. - A. Not long.

Q. How long a time had you a view of him. - A. I saw him distinctly take the basket of clothes out of the shop.

Q. You are positive to him. - A. I am positive to him.

Q. Was there a light in the shop. - A. Yes, a very good light, I had a very few minutes before that trimmed up the lamps.

Q. Do you know any thing whether the door of the shop was secured before he came in. - A. A few minutes before I saw the prisoner come in the shop, I went into the shop, I found the shop door standing open, without being able to account how it came so; I shut it and put my knee against it to be sure the latch had catched.

Q. Had you seen it shut before that time. - A. It is generally kept shut.

Q. Are you very clear and positive that the latch took. - A. Yes, I am very sure.

Cross-examined by Mr. Knapp.

Q. I understood you to say that you had seen it open a very little while before. - A. Yes.

Q. Is there a fastening to the outside door as well as to the in. - A. Yes.

Q. So that any person coming to the door and finding it shut, might open it for the purpose of coming into the shop. - A. Just so.

Q. Is that the usual way of your keeping your shop door. - A. Yes.

Q. Any person coming there might let themselves in and out. - A. Just so.

Q. I believe you had not shut upshop. - A. No, we keep a green grocer's, we generally leave it unshut till about ten o'clock.

Q. The shutters were not put up nor the door fastened. - A. No, we always bolt it then, we do not shut up till after ten, this was rather before ten.

Q. You had never seen the prisoner before in your life. - A. Not to my knowledge.

Q. You heard something crack in the shop, does your shop and parlour join together. - A. It does.

Q. Hearing that noise of course it alarmed you. A. Yes.

Q. And seeing a person in the shop of course you were more alarmed. - A. Yes.

Q. The very moment you saw the person that moment he went away. - A. Yes, he went away as fast as he could, and he had the basket in his hands.

Q. You say he was going out as fast as he could, I suppose he had his back towards you. - A. I had the side view of his face.

Q. Then you had only this momentary view of seeing him, and that only from his side face. - A. Yes, it was his side face that I saw him.

THOMAS GRANT sworn. I was passing along James-street, a street or two distant from the place where the robbery was committed.

Q. At what distance from that. - A. About a hundred yards, I presume.

Q. Did you hear any cries. - I heard a female voice crying Stop thief, I pursued the prisoner.

Q. What pace was the prisoner going. - A. He was going tolerably quick, as quick as he could with the load; perceiving he was pursued, he threw the basket away and ran as fast as he possibly could, I took him with the assistance of a friend that was in company; we secured him and gave him to the watchman.

Q. Was the basket taken up by any body in your presence. - A. It was not.

Cross-examined by Mr. Knapp.

Q. I understood you to say that when you first saw the prisoner, and heard the cry of Stop thief, it was about two streets off. - A. Yes, it was about an hundred yards from the house.

Q.Therefore whether he took it away or somebody else you do not know. - A. No.

- sworn. I saw nothing of it till I saw him in the custody of the last witness; I heard the cry of Stop Thief.

Q. Did you see the basket of linen. - A. I saw the basket after the prisoner was taken to the watchman.

Q. How soon was that. - A. A minute and a half perhaps; it was delivered into a shop in Lower John-street, Golden-square.

Q. Did you see Pearce. - A. I did not.

JAMES PEARCE sworn. Q. Were you in Golden-square. - A. I was passing down James-street with the two last witnesses, I perceived a man running, we pursued him in Golden-square, and I found a basket of linen.

Q. Was it in the way that he had been running. A. It was quite in the line that he had been running.

Q. Did you take it to the prosecutrix's shop. - A. With the assistance of Mr. Grant I put it into the shop.

Q. Did you see Sarah Courtice . - A. She came up to me there.

Prosecutrix. I produce the basket.

Q. Is that your property. - A. Yes.

Q. Is that what you lost your clothes in. - A. Yes.

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

GUILTY - DEATH , aged 17.

[The prisoner was recommended to mercy by the jury, on account of his youth and good character.]

Second Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18060219-9

137. ELIZABETH LLOYD was indicted for burglariously breaking and entering the dwelling-house of John Cooper , about the hour of nine at night, on the 3d of January , and burglariously stealing therein, a gown, value 6 s. a pair of breeches, value 2 s. and a waistcoat, value 2 s. the property of John Cooper .

JOHN COOPER sworn. I am a tailor , I live at No. 10. Cecil's-court, St. Martin's-lane . I rent the shop and parlour of Mr. Murdock, he lives on the first floor; on the 3d of February, about nine o'clock, John Murdock , the landlord's son, informed me that somebody was in my parlour, I directly went with my wife with the candle, I found the prisoner sitting on the bed; there was a pair of small clothes of mine and a gown of my wife's that were moved from one part of the room close to the door.

Q. Had she them in her hands. - A. She had nothing in her hands.

Q. From what part of the room were they removed. - A. From off a chair that stood at the window at the farthest part of the room from the entrance, they were removed close to the door; I laid hold of the prisoner and asked her what business she had there, she told me that she only wanted a lodging; I then told her I would give her one, I called for assistance, and then went down to the watch-house with her.

Q. When was it that you had seen these breeches, waistcoat, and your wife's gown, how long was it before you found them at the door. - A. I pulled them off on the Sunday before the Monday that I found them there.

Q. When you went to bed on Sunday night. - A. No, about the middle of the day when I cleaned myself, I put my clothes by the seat of the window on the chair.

Q. When did you last see them in that place before they were moved. - A. I cannot say whether I noticed them after they were there.

Q. Then any body might have moved them of your family. - A. There was nobody in that room but my wife.

Q. From the Sunday to the time you discovered these things laying by the door, you had taken no notice whether the breeches had been removed or not. - A. Not at all.

Q. You put the waistcoat in the same place. - A. The waistcoat had lain there some time.

Q. I think that you say this house in which you lodge you rent the lower part of one Alexander Murdock . - A. Yes.

Q. Then there is an end of the burglary; you found the clothes removed near the door, that is all you know. - A. Yes.

MARY COOPER sworn. I am the wife of the last witness; I went with my husband and found the prisoner in the room, she was standing by the side of the bed: I found a gown of mine near the door, which the prisoner moved off a chair at the window seat, and a pair of small clothes and a waistcoat of my husband's.

Q. When had you seen this gown, smallclothes, and waistcoat before. - A. At half after eight that evening I was in that room.

Q. What o'clock was this. - A. Nine.

Q. Were they laying then on the chair by the window at eight o'clock or half after. - A. Yes.

Q. That is a distance from the door where this chair stood. - A. Yes.

Q. Between half past eight o'clock and nine had any body been in your room. - A. No.

Q. Should you have known if any body had been in the room. - A. Yes, I sat in the next room.

Q. Did you hear the prisoner go into that room. - A. There was a person going up the passage; I heard somebody, he ran and informed me.

Q. I think that you say, that if any body had come into the room, you must have heard them. - A. I must have heard them go along the passage (there is a great many more lodgers in the house); I might not have heard them distinctly in the room.

Q. You went into your room and saw the prisoner there. - A. Yes, she was standing by the side of the bed, I asked her what she did there, she said she did not know, she wanted a lodging; my husband took her down to the watchhouse.

JOHN MURDOCK sworn. You are the son of Murdock, the landlord of this house. - A. Yes, I was going up stairs to my lodgings, I saw a woman in the passage, I went up and came down again, and then I found her in the room shutting too the door, I went and acquainted Mrs. Cooper; I went with them into the room, and I saw the prisoner there.

Q. Did you see these clothes laying down by the door. - A. I did not take any notice of them.

The prisoner said nothing in her defence, nor called any witnesses to character.

NOT GUILTY .

First Middlesex Jury, before Mr. Baron Sutton.

Reference Number: t18060219-10

138. ANN WOOLSTENCROFT & JAMES SPENCER were indicted for feloniously making an assault upon James Faunan (in the dwelling house of the said James Spencer), on the 16th of January , putting him in fear, and taking from his person, and against his will, two half guineas, a seven shilling piece, a six-pence, twenty-two halfpence, and two farthings , the property of the said James Faunan .

JAMES FAUNAN sworn. I was coming down the Strand about three weeks ago, to the best of my opinion about one o'clock at night.

Q.Were you drunk or sober. - A. I was a little intoxicated, not much: I was going to my lodgings in Bowling-alley, White-Cross-street, I met the young woman, the prisoner, I enquired of her the way to Smithfield.

Q. Were you a stranger in London. - A. I was; with that she told me to go with her that night; I accordingly did; I went with her to Spencer's house.

Q. Do you know where it was situated. - A. No, it was about a quarter of a mile from the Strand.

Q. Who did you see in the house at the time. - A. No one but the woman; I staid there about twenty minutes.

Q. Did you go to bed. - A. No, I was in a bed room.

Q. After being there twenty minutes did you go away. - A. Yes.

Q. When you was there did you see any body there besides that woman. - A. Yes, I saw this man, Spencer; he came up stairs into the room and demanded some gin of me, I refused him, and said I had no money, she made answer that I had, that she see me put it in my pocket; at the same time he collared me, she put her hand in my breeches pocket and took the money out; he asked her to give him the money, she handed it to him; he laid down half a guinea of the money, and six-pence in silver, and some halfpence, and said that was all the money that I had got; I said it was not there was another half guinea and a seven shilling piece; he demanded me to go out of the house.

Q. Did you take up the money that he put on the table. - A. No, I said I would not go out of the house till I had got my money; he said he would take me before a justice; I told him I was willing to go there; I went down with him as far as the street door.

Q. What became of the money. - A. The money was in the room up stairs.

Q. Why did not you take your money up. - A. I was not getting all my money.

Q. You might have taken the money off the table if you pleased. - A. No, I was in dread, I'd sooner be out than in.

Q. Why you had talked to him, you said that was not all, you would go with him to a justice; you might have taken the money up, might not you. - A. I did not.

Q. You went out together, when you got to the door, what happened then. - A. He struck me at the door and pushed me out, and bawled out to the watchman, that I was robbing him; two watchmen come down and took both of us to the watchhouse.

Q. The woman was not taken to the watchhouse. - A.No, she was left in the house; I went back with the watchman and got this money that was on the table in the room where I had been with the woman; the watchman took the woman to the watchhouse then.

Q. The watchman took the money and the woman; she was then in the room. - A. Yes.

Q. The next day you were taken before the magistrate, they were committed to prison, and you were to prosecute. - A. Yes.

Q. You talk of another half guinea and a seven shilling piece, how came you to know that you had so much money in your pocket. - A. In the morning when I went to work, I took a seven shilling piece, two half guineas, and six-pence in silver.

Q. Had you seen it from the morning till this time she put her hand in your pocket at the house. - A. Yes, I had, at breakfast time.

Q. Had you seen it afterwards. - A. No.

Q. Had you been at work all day. - A. Yes, till seven o'clock.

Q. Where had you been from seven till one or two in the morning. - A. I was drinking at the public house; I spent eighteen-pence for my share in that one house with the landlord and some of my shopmates; I am a smith.

Q. Have you been long in London. - A. Two years next May.

Q. How long have you lodged in this place called Bowling-alley. - A. Twelve months next March.

Q. Had you been working in the same place that day where you had been used to work some time. - A. No, I only worked there from Monday to this day at this place.

Q. How came you, having been so long in London,

and having lodged a twelvemonth in the same place, not to know the way to your lodgings. - A. I had only been three days at work at that part of the town.

Q. Had you put your hand into your pocket to take out any money after you went into the house with her. - A. No, not after I had been in the house with her; below stairs I was paying the half crown to the woman of the house, that let me in, for the room.

Q. That was not the prisoner. - A. No.

Q. Then you had taken out your money, did you change it to pay that half crown. - A. I changed a crown piece in the morning; I had half a crown and one shilling and six-pence out of it, the eighteen pence I spent.

Q. How much money had you in the morning. - A. I had two half guineas, a seven shilling piece, and a five shilling piece; that five shilling piece I changed at my breakfast in the morning.

Q. You said you was not sober, do you recollect what past in the house. - A. Very well, I was sober enough to recollect afterwards.

Q. Had you seen the man going in the house. - A. Not till he came up stairs.

Q. You did not see what the woman took from your pocket, nor what she gave him. - A. I did not, I had my money loose in one of my breeches pockets.

Q. Are you sure that no money had dropped out of your pocket. - A. To my opinion not a farthing, because I searched my pocket, after she had taken the money away and I missed it.

Q. Had you searched your pocket before. - A. No, after paying the half crown, I put all the money in again.

Q. When you paid the half crown did you take all the money out of your pocket. - A. Yes, some halfpence and a half guinea I took out in the house.

Q. Do you mean to say that you saw the seven shilling piece. - A. Yes, I took out the half crown, and put the rest in my pocket.

Q. Are you sure that you put the rest in your pocket. - A. I am.

Q. What piece are you sure that you took out of your pocket. - A. I am not sure whether it was a seven shilling piece or a half guinea that came up with the half crown and the halfpence.

Q. Are you sure that woman is the woman. - A. Yes, and I am positive that that man was the man that was in the house.

WOOLSTONCROFT. Q.(to prosecutor) You took me first to Chancery-lane. - A. I did not.

SPENCER. Q.(to prosecutor.) I want to know why you did not make an alarm in the house where you say you was robbed; you went out with me to get some liquor, and you passed the watchman that is here. - A. No.

JOHN CAPEL sworn. I am a watchman: on the morning of the 16th, between the hours of one and two in the morning, just near the New Church in the Strand, facing a private house in the Strand. I was called.

Q. Do you know who called you. - A. I cannot say whether it was the prisoner or the prosecutor, they both called watch, and gave charge of each other to me; I took them both to the watchhouse.

Q. What did they give charge of each other for. - A. The prosecutor gave charge of the prisoner for robbing of him, and the prisoner gave charge of the prosecutor for robbing of him; at the watchhouse the prosecutor explained the matter to the constable of the night, who ordered me to go back with the prosecutor to Marygold-court; we went up stairs along with the prosecutor, and found the money that he described that the man had laid upon the table, half a guinea, a six-pence, and some copper.

Q. Was any body in bed in the room. - A. The woman prisoner was in bed; we took the money and the woman to the watchhouse.

Q. Did you see either of the prisoners searched that night. - A. They were not searched, the room and the bed was searched, nothing was found but what was on the table.

MICHAEL COLEMAN sworn. I am a watchman, I stand at the corner of Marygold-court.

Q. You know nothing of this business till your brother watchman called you to go into the house. - A. That is all; I found the woman in the room, she was dressed and in bed; there was half a guinea on the table, a six-pence, and eleven pennyworth of halfpence, and two farthings; I searched the room, but not their persons.

Woolstencroft's Defence. The first time I saw this man, I was coming down Fleet-street, he told me he wanted a lodging, he was very much intoxicated, he told me that he would pay for a bed if I would go with him; he took me to Mrs. Norman's in Chancery-lane, there he gave half a crown for a bed; the waiter seeing him so much intoxicated, said he would rather have him take his money back, and go about his business, the waiter gave him the half crown back again; he followed me down Temple Bar, where he squezed me round the neck; I could not get rid of him, I took him to this man's house, he gave this man's wife a half crown, he told her to give me one shilling and six-pence, and she had a shilling; when I went up into the bed room, this man, Spencer, says, my dear, to his wife, I shall lock them in, this gentleman says, I will not be locked in, can we have something to drink, I am an Irishman for ever, do you think I have no money; he put his money in his hand, he says there is half a guinea and some halfpence; they went down stairs, and what became of them I do not know; a woman came to this bed after they were gone out to get some liquor; I laid there an hour on the bed; I did not touch his money, I only told it, there was half a guinea, a six-pence and eleven pennyworth of halfpence, the watchman took it, and told me I must come up to the watchhouse.

Spencer's Defence. When I have a strange person to have a nightly bed at my place, I make it a rule to ask them whether they will be padlocked in, that all may be right in the morning; I never went into the room, I asked him if he would be locked in, he said he would not be locked, immediately he says to me can you give me any thing to drink, I says I do

not know whether I can or no, he says we will go and try; he came down stairs, and at the bottom of Marygold-court he passed the watchman that has his stand there, he never said a word to him; after we had got a little further, I said I'll go no farther with you, he asked me which was the way to Bishopsgate-street; I still refused going any further with him, on which he called watch, and I called watch.

Both, NOT GUILTY .

First Middlesex Jury, before Mr. Justice Le Blanc.

Reference Number: t18060219-11

139. CHARLES ELLIS was indicted for feloniously stealing on the 29th of January , a sheep, value 25 s. the property of Thomas Andrews .

THOMAS ANDREWS sworn. I am a farmer at Hendon.

Q. Did you loose a sheep in January last. - A. Yes, out of some land near Church Hill, in the parish of Hendon .

Q. Was it a ewe sheep. - A. A wether sheep, there were seventy of them.

Q. When did you see it the last time before it was taken. - A. I saw it on the 29th of January last, about two o'clock in the afternoon; I marked them all that very day with grease and ocre across the loins: there was an old pitch mark on this, a T in a round ring; I never saw it afterwards, till I saw it dead at Charles Ellis 's house. On the Wednesday it was taken, on the Thursday I missed it, and on Friday I found it in Charles Ellis 's house.

Q. Did you search his house. - A. Yes.

Q. How far did the prisoner live from you. - A. About two mile and a half; he is a labourer.

Q. Has he any wife and family. - A. Yes, he has a wife and some little children. I saw a quarter of mutton taken out from between two bundles of hay.

Q. Where was the hay. - A. In the house, as soon as you went in the door at the left hand.

Q. Did you see any other part. - A. No, not directly.

Q. Did you see the skin. - A. I did not, I went round to the back of the house, for fear the man should be in the back part; about half an hour after we had taken the prisoner, I saw three quarters more; some wool was found, but the skin was not found at all.

Q. Were these quarters cut in a butcher-like way. - A. They were not.

Cross-examined by Mr. Gleed.

Q. On the 29th of January you counted your sheep, you had seventy. - A. Yes.

Q. You lost one, you had a warrant, you searched this man's house, there was some mutton found, that was all. - A. Yes.

WILLIAM GREEVES sworn. I was in company with Mr. Andrews, I searched the house of the prisoner, I found one quarter of mutton between two trusses of hay in the house, I searched up in the hay-loft, there I found three quarters of mutton in a sack.

Q. Did the prisoner come home. - A. No.

Q. Did the prisoner give any account how he came by it. - A. Not to me, he did to the constable, and before the magistrate: I only speak to the mutton.

Q. How long did it appear to have been killed. - A. A short time, it appeared to be all of one sheep.

- LEPPINGWOOD sworn. I was in company with Mr. Greeves: the particulars that I know is about a pair of shoes that I found in the house; we took the shoes, and by the mark of the nails I traced it down to the spot where the sheep was stolen; there was a track of the mark of the shoes both ways from the house to the spot; the shoes are remarkably nailed with three rows of nails; we found some wool, it seemed to be put out to dry, the sheep had been marked with red ruddle the day before, and there was red ruddle on the wool; it appeared to be fresh put on.

Cross-examined by Mr. Gleed.

Q. All you know you found some mutton; countrymen have commonly nails in their shoes. - A. Yes.

Q. Where this sheep was lost from is a common, there is a lane where you saw the track of nails where hundreds of people pass through in a day, how near was the place where you missed this sheep from, to the prisoner's house. - A. Perhaps fifteen rods to the house.

Q. Did you see any footsteps between the road and the house. - A. Yes.

Q. Did you not observe the track of a great many other persons, or any other person, besides the track of the person going to and returning from the spot. A. None in the road to his house, there was the track as far as the house.

Q. It is a common highway, and there were all kinds of tracks upon the road. - A. Yes, on the road.

JOHN LILLY sworn. I am a constable; on the 31st of January the prosecutor and Mr. James came to me with a warrant; I apprehended the prisoner.

Q. Did you acquaint him what you apprehended him for. - A. Yes, Coming on the road he said he would make the prosecutor pay for his time well. When I got him up to the public house I asked him where he bought the mutton, he said at the other end of the town at some market; he meant the west end of the town.

Cross-examined by Mr. Gleed.

Q. He meant London. - A. Yes. I then asked him if he could tell the market (I having been a butcher), I told him I thought I could tell every market round London, and I dare say I could find out the person's name in the course of an hour; we were sitting there while the prosecutor came up; I then asked him again, and he said Newgate market; I asked him of what person, or whether he should know the person if he was to see him, or what part of the market he bought it at, he said he could not tell neither.

JONATHAN TROTT sworn. I am an officer of Hatton Garden office; this prisoner was delivered to me with the wool and the shoes; I took him into my charge on the 31st of January; on the following day he was brought up before the magistrate;

while he was locked up I asked him if any body was concerned with him, he said there was none, I said that is all I have got to ask you; then I locked the outside door; he begged I would come back to him, I went back, he begged that I would speak to the gentlemen to be as merciful as they could.

Prisoner's Defence. I am very innocent of this affair; I bought it at Newgate market.

NOT GUILTY .

First Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18060219-12

140. JUDITH GODFREY was indicted for burglariously breaking and entering the dwelling-house of Elizabeth Devine , about the hour of six at night on the 24th of January , and burglariously stealing therein, a tin kettle, value 1 s. three cups and saucers, value 6 d. two china plates, value 3 d. and two basons, value 4 d. the property of Elizabeth Devine , a coat, value 4 s. and a pair of stockings, value 6 d. the property of James Omash .

ELIZAETH DEVINE sworn. I am a widow , I live in Old-court, Hackney-road, Shoreditch .

Q. Have you the whole house. - A. Only the kitchen. About six o'clock on the 24th of January I went out of an errand (the candles were lighted in the shops), I double locked my door, I was gone about a quarter of an hour; when I came back I saw a number of people at the door, I went up to my door, I saw it open.

Q. Were there any marks of force or violence on the door. - A. The lock was sadly bent with the force; I missed from my room my brother's coat, she had the coat in her hand, and the kettle was down on the ground by her, as she was standing at the door.

JAMES OMASH sworn. I am the brother of the last witness. About six o'clock in the evening I went up to my sister's room, I found the prisoner standing in the middle of the passage, I went to the door of my sister's room, I found it broken open, I asked her who she wanted, she said she wanted to go up stairs, I told her there was nobody that she wanted up stairs; immediately I entered the room, I saw the chimney piece stripped of all the crockery ware, the coat from off the nail, a tin kettle and a pair of worsted stockings were missing from the room; I came out again, and detected the prisoner in the court, she had then the tin kettle in her hand, with the crockery ware and the worsted stockings; she let the tin kettle fall on the ground and dropped the coat from her; I laid hold of it' and detained her till an officer was sent for, my sister took the kettle when she come up; I produce the coat, it is my coat, and the stockings are mine.

Prosecutrix. Here is the crockery and kettle, I know they are mine.

PETER MASON sworn. I am an officer, I was sent for to take charge, that is all I know.

Prisoner's Defence. I was very much in liquor, that is how I had the misfortune to go into the dwelling house. I have two fatherless children, my husband is serving his king and country, that man is not her brother, he only lives with her.

GUILTY, aged 25.

Of stealing the goods, but not of the burglary .

Transported for Seven Years .

First Middlesex Jury, before Mr. Justice Le Blanc.

Reference Number: t18060219-13

141. ANDREW CHRISTIAN INSTROM , was indicted for feloniously stealing on the 31st of January , in the dwelling house of Shedric Ruach , three guineas, a seven shilling piece, and a bank note, value 5 l. the property of Henry Waring .

HENRY WARING sworn. I lodge in St. Catherine's , at Mr. Ruach's.

Q. Does any body else lodge in the same room with you. - A. Yes, three men lodge in the same room, John Fig , the prisoner, and myself. I am a single man, I had a chest in the room in which was a five pound note, three guineas, and a seven shilling piece in gold, and one bad shilling.

Q. Was that all the money that you had in the chest. - A. No; I had seen it the day before in the chest, I went out about four o'clock in the afternoon, and returned at half past four, I went up to my room, and missed about eight pounds; I found my other notes in the chest.

Q. Was the chest opened or locked when you examined it. - A. Open, I had the key of the chest.

Q. Among the money that you lost was there any so marked that you should know it again. - A. There was one guinea that I can swear to, I had it of John Fig .

Q. When. - A. I do not know the time.

Q. What other property was there in the chest, was it to a large amount. - A. No, it was thirty pounds, the notes that I lost were laying by themselves.

Q. Was that in any way concealed in the chest that was remaining. - A. No.

Q. It was as easy to come at as the money that you lost. - A. Yes.

JOHN FIG sworn. Q. You lodge in the same room with the prosecutor. - A. Yes, we all three lodged together, the prisoner, the prosecutor, and myself.

Q. Do you remember at any time paying any money to Waring. - A. Yes, on the Sunday before I paid him a guinea, and he gave me a shilling back, I owed him twenty shillings, it was a bent guinea, he refused it, he thought it was not a good one, I told him I would give him another if he did not like it, so he took particular notice of it; the prisoner was searched by the servant maid.

Q. Was Sarah Ruach there. - A. Yes, they found two guineas, a half guinea, and two seven shilling pieces on him.

Q. Could you swear to either of the guineas. - A. No.

Q. When you searched the prisoner did he make any resistance. - A. Yes, he made a stout resistance, then I laid hold of him as well as the mistress.

Q. Who took care of the money. - A. Mrs. Ruach.

SARAH RUACH sworn. Q. Do you know the prisoner. - A. Yes, he lodged at my house, in the same room with the prosecutor and this young man.

Q. Do you remember Waring going from his lodgings that afternoon. - A. Yes, he went out of the house that afternoon, but I did not take particular notice of the hour, I knew it was late in the afternoon.

Q. Did you hear any noise in his room. - A. Yes, I was up one pair of stairs, I heard a noise in Waring's room I asked who was there; the prisoner said it is me; I went into the room, the prisoner was then sitting on the prosecutor's chest.

Q. What sort of a noise was it. - A. It appeared to be lifting up something and letting it down again, I asked him what he was about, he seemed flurried and made me a foolish answer, said he was playing by himself; I came down stairs, and he followed me immediately, he went into the tap-room and I went into the bar and told my husband what I had heard. At the time there was a man that came into the taproom that fells pies, he came to the bar and asked change for a shilling; I examined the shilling, it was a bad one; I returned it to him; I watched him into the tap-room to see who he gave it to; I see him give it to the prisoner.

Q. Did you hear what he said to the prisoner. - A. No; he returned again to me, and asked change for a guinea, my husband gave him change for the guinea; I watched him into the taproom, he gave the change to the prisoner, we was very much alarmed, we called the prisoner out to ask him how he came by that money.

Q. How came you to be alarmed. - A.Because I knew that the prisoner had no money, nor had he any for some time, we asked him how he came by the money, he denied having any, we searched him.

Q. Who assisted in searching him. - A. This young man, the witness, the servant and myself (my husband was not present) we found two guineas upon him, half a guinea, two seven shilling pieces, two guineas, two shillings and sixpence in silver, and a few halfpence; I took care of the money, and delivered it to Mr. Griffiths the officer.

Q. You told us that you was alarmed, because the prisoner had no money; how did you know that. - A. Because five or six weeks before that my husband shipped him in a West Indiaman, he received a month's pay before he went; he returned again in little more than five weeks, and what money he took of the captain he had spent in coming home; he said he was discharged at Portsmouth; the captain gave him half a guinea, which he said brought him up, he said he had no money.

Prisoner. Q.(to witness) Who am I to blame for this; did you see me go to that mans chest. - A. I did not see you go there, I saw you sit there.

Court. Q.(to witness) Did you find any bank notes upon him. - A. No, he took something out of his pocket and put in his mouth, which he swallowed; we concluded it was the notes.

Q. What time of the evening was it that you searched him. - A. It was late in the afternoon, Waring was out at the time.

THOMAS GRIFFITHS sworn. I am an officer, I produce the money which I took of Mrs. Ruach; I took the prisoner in custody; here is two guineas, one is bent, a half guinea, two seven shilling pieces, two shillings and six-pence in silver, and seven pence halfpenny in halfpence, which I gave him to buy him some bread and cheese in the morning; the two shillings and sixpence are good money.

Q.(to Mrs. Ruach) Whether that money that you gave the constable was the money that was taken out of the prisoner's pocket. - A. It was.

Q. Do you know whether one was a bent guinea. - A. I did not take notice.

Prosecutor. This guinea I can swear to.

Jury. Q. You only know it by its being crooked. - A. That is all.

Prisoner's Defence. I have to say I have lost things in that house myself, I did not know where it went to. I lost one shirt the first day I came there, from inside the parlour, and the second shirt I lost was inside of the bar, and when I enquired about the shirt, the landlady said to my face, I had taken it out; I had not, why should I deny it, it was my own; if I had heaved it in the fire it was nothing to nobody. I know nothing about this charge, I got half a guinea from my captain, and half a guinea I had. I had two guineas and two seven shilling pieces given me in a bit of paper, when I went into the boat, as I was sick, I paid seven shillings to come up in the coach, and a shilling for the passage boat, and five pence I spent by the way, for a pot of beer; that woman says she knew I had no money; I gave her servant a seven shilling piece to change, she owes me a shilling of it now, I am in want of it.

GUILTY aged 26.

Of stealing to the value of thirty-nine shillings .

Transported for Seven Years .

First Middlesex Jury, before Mr. Baron Sutton .

Reference Number: t18060219-14

142. WILLIAM RYAN was indicted for feloniously stealing on the 21st of January , a bridle, value 15 s. two silver desert spoons, value 15 s. a silver tea-spoon, value 2 s. the property of John Nunes Vizen .

JOHN NUNES VIZEN sworn. I live at No. 39, Kepple-street, Bedford-square ; the prisoner was my footman .

Q. When did he enter into your service. - A. About the sixth of December last.

Q. Who had the care of your plate. - A. He had the care of my plate; I discharged him on the 17th of last month, he went out of my house and returned in about an hour afterwards; then I stopped him and sent for a constable.

Q. Had you ever examined your plate yourself. A. Yes, and found some plate missing; when the constable came, I insisted upon that man to produce my articles, and I gave charge of him to the constable; the constable searched him, and found nothing on him; before the constable came I searched him myself, I found a bunch of keys.

Q. Any duplicates. - A. The, duplicates were found afterwards; he voluntarily gave up the duplicates to me when the constable went down stairs with him to his room, the constable has them now.

WILLIAM BUDDING sworn. I am a constable; I was going to search the prisoner, and he delivered up the duplicates of the property to me; I produce them.

Prosecutor. There are several things pawned on different days.

Court. There is only one charge in this indictment, therefore what property can you best swear to. - A. I can swear to them all equally well.

- sworn. I am a pawnbroker; I live in Bulstrode-street, Marylebone. On the 11th of December the prisoner at the bar pawned a desert spoon and a tea spoon with me.

Prosecutor. It is my property, they have my cyphers.

Prisoner's Defence. May it please your lordship, I was servant to the prosecutor; one day I went to Mr. Hookham's library in Bond-street, to pay a little debt for my master, they could not give me change, I left a one pound note, and I then returned; Mr. Hookham's people not having given him the note, the next day he sent me with the money to pay the demand, and to receive the note, and on my not giving him the note the prosecutor grew angry; I pledged the tea spoon and the desert spoon, and then brought back a one pound note.

Q.(to prosecutor) Is that true. - A. Part of that is true; I bought a silver ticket at Hookham's in Bond-street, I left a one pound note on Monday, I desired him to call there and get the change, which was twelve shillings; I enquired of him why he had not the change, he said they had no change; I thought it very extraordinary, I very often bought tickets at Hookham's, and the man never came without the change; as he was a short time in my employment, I went to Hookham's, and they told me they had not given him the change, but the next morning he called there and got the change, and gave it me in the afternoon; so he had no occasion to pawn the spoons, because he had got the change before he took away the spoons.

GUILTY, aged 45.

Of stealing to the value of thirty-nine shillings .

Transported for Seven Years .

First Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18060219-15

143. PEGGY SMITH was indicted for feloniously stealing on the 22d of January , twelve yards of printed cotton, value 16 s. the property of Francis Chinnery , privately in his shop .

FRANCIS CHINNERY sworn. I am a linen draper in Cranbourn Passage, St. Ann's, Westminster .

Q. Did you at any time see the prisoner at the bar in your shop; do you know any thing of a piece of print that was missing at any time. - A. I knew nothing of it till it was brought to me.

MARY POTTER sworn. Do you remember at any time the prisoner coming into your shop. - A. On the 22d of January, a few minutes after six in the evening, she came in to buy a pennyworth of biscuits.

Q. Where is your shop. - A. No. 9, Castle-street, St. Martin's, she asked me to leave that parcel till she returned.

Q. Is the parcel here. - A. Yes.

Q. Who did you deliver that parcel to. - A. I knocked at Mr. Dowling's window, and desired him to come in.

Q. You shewed it to Dowling. - A. Yes.

Q. Did you part with it out of your shop. - A. The constable took it out of my shop.

Q. Did she afterwards come to your shop to take it back again. - A. She came in a few minutes.

Q. And then you had her taken up. - A. Yes.

- DOWLING sworn. Q. Do you remember the last witness, Mary Potter , calling to you, and shewing you any piece of print or any thing else. - A. Yes.

Q. Did you carry it to any person or shew it to any one. - A. I kept it in my possession till I was called on the examination at Bow-street.

Q. You took it from Mrs. Potter did you. - A. Yes.

Q. Do you know whether Mrs. Potter gave it to you or you took it out of Mrs. Potter's shop. - A. Mrs. Potter gave it me, and I went to Mr. Chinnery with it.

Q. Was that the same piece that you had from Mrs. Potter. - A. Yes.

Q. That you shewed to a young man, Mr. Phipps. A. No.

Q. Who did you deliver it to. - A. I delivered it before the magistrate to one of the officers.

- LAVENDER sworn. I am one of the patroles belonging to the office in Bow-street.

Q. Did you receive that which you have in your hand from Mr. Dowling. - A. Yes, I have had it ever since; I produce it.

Q.(to prosecutor) Look at that piece of print, is there any thing about that by which you can know whether it was ever your property. - A. It has my private mark.

Q. Can you say that that piece was never sold in your shop. - A. I shewed it to a customer at five o'clock in the afternoon on the 22d of January; I can swear it was never sold.

Q. Do you know where you put it after you shewed it. - A. On the counter.

SAMUEL PHIPPS sworn. I am shopman to Mr. Chinnery.

Q. Look at that piece of print, do you know it. A. Yes, it has our private mark on it.

Q. Do you recollect that being shewed to any customer, at any time, and when. - A. About half an hour before the prisoner came into the shop.

Q. Was it sold. - A. No.

Q. Did you see it in your shop a very short time before she came in. - A. I did.

Q. What did the prisoner come in for. - A. She come in to speak about some stuff that was laid by for her, that she had left something on before, about six o'clock in the evening on the 22nd of January.

Q. Are you sure that it was the 22d of January. A. Yes, she called to say that she could not take it then, but she would call again.

Q. She bought nothing. - A. No.

Q. You do not recollect that you saw it at the

time that she was in the shop. - A. No, I saw it five minutes before she came in.

Q. How near did she come in the shop to where that piece of print was laying. - A. Within half a yard.

Q. Did you observe her taking any thing, or doing any thing while she was there. - A. No. she was leaning on the counter while she was there.

Q. She went out again. - A. Yes.

Q. How long afterwards was that piece of print brought to your shop. - A. About a quarter of an hour; I was not in the way when it was brought back, I did not see it till I went up to Bow-street the next day.

Q. What is the value of it. - A. Sixteen shillings.

Q. Do you mean that is what you would sell it for. - A. Yes.

Q. Do you recollect who was in the shop besides yourself when she came in. - A. I was the only person that was in the shop when she came in.

Q. Had she dealt frequently at your shop before. - A. Yes.

Q. Do you know where she lived. - A. No.

Prisoner. Q.(to witness) Was there nobody in the shop when I came in. - A. There was a customer that I was serving when she came in.

The prisoner said nothing in her defence; called two witnesses, who said she was in the milk business.

GUILTY - DEATH , aged 14.

[The prosecutor and jury recommended the prisoner to mercy on account of her youth.]

First Middlesex Jury, before Mr. Justice Le Blanc.

Reference Number: t18060219-16

144. RICHARD SILLITOE was indicted for that he at the time of committing the several offences herein after mentioned, was a person employed in certain business relating to the post-office , of dispatching divers letters and packages brought to a certain house, to wit in the parish of St. Martin in the Fields, in the county of Middlesex, to be forwarded to the General Post Office in Lombard-street; that he on the 29th of November had a certain letter then lately brought to the said office, to be forwarded to the General Post Office, to be sent by the post to Mildenhamhall in the county of Suffolk, to one Nathan Todd , containing therein a bank note, bearing date the 3d of August 1804, for the payment of two pounds, which letter came to the hands and possession of him the said Richard Sillitoe , he then and there being the person employed as aforesaid, and that he on the day aforesaid, then and there being the person employed as aforesaid, feloniously did secrete the said letter, containing the said bank note, the said bank note being the property of Anthony Snell .

Second Count for the like offence, only stating it to be a packet instead of a letter.

Third Count for feloniously stealing out of the said letter the said bank note, the same then being in force, and the property of Anthony Snell .

Fourth Count the same as the third, only stating it to be a packet instead of a letter.

And other Counts for like offence, only charging it to be the property of Nathan Todd .

(The indictment was read by Mr. Roe, and the case was stated by Mr. Fielding.)

JOHN LAWRENCE sworn. Examined by Mr. Abbot. Q. Where do you live. - A. I live at Camerford in Cornwall.

Q. Did you at any time in the month of November last send any bank note to Anthony Snell . - A. I did, I put it in the office on the evening of the 23d of November at Knightsbridge.

Q. What was the value of the note. - A. Two pounds, No. 5907.

Q. What is the cashier's name. - A. C. Philips, dated 3d of August 1804.

ANTHONY SNELL sworn. Examined by Mr. Abbot. Q. Did you receive a two pound bank note of Mr. Lawrence of Camerford, the last witness. - A. I did. On the 26th I believe of November last; I put it into a letter two or three days after I received it, it was directed to the reverend Mr. Todd, near Mildenhamhall, Suffolk.

Q. What did you do with the letter after you had put this note into the letter. - A. I carried it to the receiving house, Charing-cross, on the 29th of November, I believe.

Q. Is that the house kept by Mr. Stevenson. - A. Yes.

Q. What time of the day. - A. I have no recollection of the time, I paid the postage.

Q. At a cheesemonger's shop. - A. Yes.

Q. Do you recollect whom you delivered it to at Mr. Stevenson's. - A. No.

Q. Did you observe whether the person that you paid the postage marked it a paid letter. - A. He did, with red ink.

Q. That note which you so put in this letter for Mr. Todd was the identical note which you received from Mr. Lawrence. - A. Yes.

Q. You did not take the identical number. - A. No.

Q. The sum you knew. - A. Yes, the sum was two pounds.

Cross-examined by Mr. Knapp.

Q. You do not know at what time of the day you took it to the receiving house. - A. No.

Q. Nor to whom you paid it. - A. No.

Q. There were more than one in the shop. - A. Yes.

Q. Perhaps two or three. - A. Perhaps more.

Q. Was it at night. - A. No.

Mr. Abbot. Q. Was it at the close of the evening. - A. Yes.

Q. In time to have gone of. - A. Yes.

REV MR. NATHAN TODD sworn. Examined by Mr. Abbot. Q. You live in Suffolk. - A. Yes, near Mildenhamhall.

Q.Mildenhamhall is your post town is it. - A. It is.

Q. At any time in the month of November last did you receive from Anthony Snell any letter containing a two pound bank note. - A. I never did.

Q. Had you any reason to expect one. - A. I had, but it never arrived.

WILLIAM EDWARD WILSON sworn. Examined by Mr. Miers. Q. You was a shopman some time ago with Mr. Stevenson. - A. I was; I left him about the 30th of November, I lived with him a twelve month all but a week.

Q. After you left him where did you go. - A. To Mr. Pybus, in Bedford-street, Covent Garden.

Q. You live there now. - A. I do not.

Q. When you lived with Mr. Stevenson, were you accustomed to take in letters. - A. Sometimes I was, and to receive the postage, and to mark them paid; I do not recollect whether I received any letter on that day.

Q. If you had received any letters on that day what would you have done with them. - A. Put them in a little drawer on the right hand side going in at the door.

Q. Is that the general manner in which you dispose of them. - A. Yes, at five o'clock they used to be put up to send to Lombard-street.

Q. Who used they to be sent by. - A. They used to be sent by Mr. Burr.

Q. Who put them up. - A. The prisoner at the bar.

Cross-examined by Mr. Knapp.

Q. This drawer is open to every body that comes into the shop. - A. It is.

Court. It is not locked. - A. No.

Mr. Knapp. It is open, so that if any body come in they might put their hand in and take them out. A. No, they could not take them out without their stopping some time.

Court. How many were there in the shop. - A.Mr. Stevenson, Mr. Bird, myself, and two more young men.

Mr. Knapp. You say you do not know whether you received this letter or not. - A. I cannot say.

Q. It is a receiving house of very considerable extent. - A. Yes.

Q. It is as large a receiving house as any in London. - A. It is.

Q. Therefore it is impossible of your keeping in mind of your receiving the letter on that day. - A. Yes.

Q. Therefore for any thing you know to the contrary, you might have taken in this letter yourself; in the hurry of your business it is impossible for you to recollect. - A. It is.

JOHN STEVENSON sworn. Examined by Mr. Miers. Q. Do you know the prisoner at the bar. - A. Yes.

Q. Was the prisoner at the bar ever employed by you. - A. The prisoner at the bar was employed by me for upwards of nineteen years.

Q. To do what. - A. He lived with me as an hair dresser and perfumer till I went into this line of business; I went into this line of business a twelve month ago last Christmas; he was employed by me to put the letters up.

Mr. Fielding. Describe what was his duty to do, and at what time. - A. To put up the letters only.

Q. What do you mean by putting them up. - A. To put them in the bag and make up the bills, and to send them away and the money that was taken with them, and to distinguish between the paid letters and the unpaid, there is a bill made of them.

Q. This was his duty. - A. It was.

Q. Was he so employed on the 29th of November. - A. I think he was.

Q. Look at this paper, are you able to say whether on the 29th of November this is the bill that went up with the bag. - A. That is his writing, this bill went up with the paid letters on the 29th of November last.

Q. About what time did he use to come. - A. About half after three, to put up the four o'clock bag.

Q. What became of the bag afterwards. - A. The messenger came from the office to fetch it.

Q. You have two boys in your shop. - A. Yes.

Q. And your partner Mr. Bird. - A. Yes.

Cross-examined by Mr. Knapp.

Q. You have told us this person has been employed up to this time for nineteen years. - A. Yes, he has been in the service longer, he was in the service when my father died, he has been in the service twenty years next June.

Q. In the course of nineteen years you found him an honest servant. - A. An honest servant and a sober one, I never saw him disguised in liquor for the nineteen years.

Q. Was there with him ever any occasion to suppose that any thing was wrong. - A. Never, else I should not have kept him so long.

Q. We understand this man is a hairdresser; out of kindness you employ him about half after three, to get the letters ready by four. - A. Yes.

Court. How long has he been in this business of putting up letters. - A. About nineteen years by me, and about four months by my father, before I came home.

Mr. Knapp. Then he had nothing at all to do with letters that had been received by others that were put in the drawer; therefore of course what might have been done he could not know any thing about it. - A. He could not till he come.

Q. And after he had done he used to go away. - A. He did.

Q. Then if I understand you right with respect to the receiving of letters (and yours is a very large receiving house) during the whole course of time, from eight or nine o'clock in the morning, from the time they receive letters, till half after three, he had nothing at all to do with letters. - A. Nothing at all till that time.

Q. All that he had to do was to take the letters and get them ready for this bag. - A. That was all.

Q. He had nothing on earth to do with the receipt of any letters. - A. Nothing, except the time he was there.

Q. That half hour that he was there. - A. Exactly so.

Mr. Miers. You will admit, my lord, that it was towards the evening Mr. Snell put in that letter.

Mr. Knapp. Q.(to Mr. Snell) You thought that it was in the evening that you put in that letter. - A. Yes.

Q. What part of the day was it, evening or afternoon; was it before three or after three; will you venture to swear that it was before one or the other. A. I cannot charge my memory either one way or the other, I believe it was towards the evening.

Q.(to Mr. Stevenson). Have you in the course of your business (that speaks for itself) entrusted this man with large sums of money. - A. I have.

Q. Have you always found him honest. - A. Always; I have given him large sums of money, and always found him honest.

Mr. Miers. I believe after the time that the prisoner came into the shop, he had the whole custody of the letters, I mean from half past three to five. - A. He made up the bag, and had the care of them.

Mr. Fielding. When he was making up the letters for the messenger, before they were dispatched, they went through his hands while he put them up, A. Yes, and then he went away, after five o'clock he had not the care of them.

Mr. Miers. What did he do when he came at five o'clock. - A. The paid letters did not go at four o'clock, he used to come again at twenty minutes, or a quarter before five o'clock, to make up the bag of the paid letters.

Q. Did the prisoner send the bill with the paid letters and the money. - A. I do suppose that he did, it is his own writing.

Mr. Knapp. After he put the letters in the bag, and before he came at five o'clock, in whose possession did the bag remain in. - A. The bag goes at four o'clock, and from that time till five, the paid letters remain in the same position as all day long, in the drawer in the shop, till he comes to put them up at five o'clock.

Q. So that they remain in the open drawer from four o'clock, when you send the unpaid letters, till five. - A. Yes.

Q. He is absent from four to five. - A. He is.

Court. Q. So you keep them in an open drawer. A. It is a way they have been kept for many years.

Court. It is a very bad way; here is a list of letters sent on that day. and in this list this letter is not given.

JOSEPH COOPER sworn. Examined by Mr. Roe.

Q. You are a messenger of the post-office, did you on the 29th of November receive the bag of paid letters at Mr. Stevenson's. - A. I did.

Q. Was it sealed in the usual manner. - A. It was; I delivered it to Thomas Terry at the post-office.

Q. Whom did you recieve it of. - A. I cannot say; when I called for the bag at Mr. Stevenson's I used to call at two other houses.

THOMAS TERRY sworn. Examined by Mr. Roe. I am a messenger to the post office.

Q. Did you receive the paid bag of letters from Cooper that came from Mr. Stevenson's house - A. Yes.

Q. Were they sealed in the usual manner. - A. Yes. I gave it to Mr. Robins.

WILLIAM ROBINS sworn. Examined by Mr. Roe. You are in the paid letter office. - A. Yes.

Q. Did you receive from the last witness, Terry the paid letter bag of the 29th of November. - A. Yes, I did

Q. You have a book which contains the entry. - A. This book contains the entry; in consequence of directions, I took the direction of every letter sent after the 17th of November, there is no entry of any letter to Mr. Todd; the paid letters agree with the bill.

Q. Look at this paper, do you know whose hand writing, and who it came from. - A. This came from the receiving house, Charing Cross, at the back of it is my writing (Stevenson).

Mr. Abbot. The paper contains merely the amount of the postage. - A. The indorsement at the back with the postage of each letter, and made by Sillitoe; I received directions to take account of every letter sent from Charing Cross to the post office, for several days prior.

JAMES BIRD , THOMAS WHISTON , and JOSEPH TRIMBY sworn. Examined by Mr. Fielding. William Edward Wilson stand up, and all; did you in the usual course put such letters as were received in that drawer. - A. Yes, we did, with the money, as usual, that was post paid.

Q. You were all in the shop of Mr. Stevenson in the course of that day. - A. Yes.

Cross-examined by Mr. Knapp.

Q. You have no memory of receiving any thing on that day. - A. That is impossible.

WILLIAM ANTHONY sworn. Examined by Mr. Fielding. You are an officer of the police. - A. Yes.

Q. By the direction of Mr. Parkin, on the 17th of December, you apprehended the young man at the bar. - A. Yes, on the 17th of December, I was sent for to ask Mr. Sillitoe to step to Mr. Parkin's; I asked him the question, without taking him into custody.

Q. Where did you find him? - A. At Mr. Stevenson's house.

Q. What time of the day or evening was it. - A. I waited till he put up the bag at five o'clock.

Q. Was it light or dark. - A. Dark.

Q. After he had put up the bag did he go with you. - A. Yes.

Q. Did you search him then at that time. - A. No.

Q. In what manner was he walking by your side, did you take hold of him. - A. No, he was walking by my side, I did not take hold of him; we went from Charing Cross into St. Martin's-lane, from the top into Long Acre, down King-street, up Queen-street, into Theobald's Road to Devonshire-street.

Q. Was there any public house that you passed. - A. When we entered in Theobald's Road, there is one at the corner of Devonshire-street, and on the corner of Gloucester-street.

Q. Did you pass by that house? - A. We did, and then turned into Devonshire-street, on the left hand, and went into the square, we went on the left hand of Devonshire-street, and crossed New Ormond-street; it was a dark, close, foggy night.

Q. You are sure of that? - A. Yes.

Q. I do not ask you what passed before Mr. Parkin; did you afterwards make any search of this man's house. - A. Yes, we found nothing.

Q. You are sure that this was on the 17th of December. - A. Yes.

Q. What day of the week was this. - A. Tuesday.

Cross-examined by Mr. Knapp.

Q. You was sent down to Mr. Stevenson's to desire the prisoner to go with you to Mr. Parkin's. - A. Yes.

Q. Did you intimate what you was to go to Mr. Parkin's for. - A. I did not.

Q. Did you tell him you was an officer of Bow-street, he knew that of course. - A. I do not recollect that I told him I was an officer of Bow-street.

Q. Was there any unwillingness on his part of going with you. - A. No, he was very ready to go with me.

Q. So ready, though you was an officer of justice, you found no necessity to collar him, or to take him by force to Mr. Parkin's. - A. None in the world.

Q. Was there any thing to justify any opinion that could intimate guilt on his part, from his conduct. - A. Nothing.

Q. What time of the evening was this. - A. Between five and six in the afternoon.

Q. I take it for granted in the course of your journey with the prisoner in Theobald's Road, there were very few people. - A. There were some.

Q. Was it a wet night. - A. No, a dry night, but very foggy.

Q. When you went to Mr. Parkin's, Mr. Parkin examined him, and he was dismissed? - A. I was sent back to his house.

Q. His house was searched, nothing found, and then he was discharged. - A. Yes.

Q. Did you take him afterwaads. - A. I did.

Q. Was there any thing unwilling, or any thing improper on the part of his conduct when you apprehended him again. - A. No.

Q. Where did you apprehend him. - A. In Craig's court, Charing Cross.

Q. Therefore he was in the same neighbourhood. - A. Yes, I took him to the watchhouse.

ELIZABETH HERRING sworn. Examined by Mr. Abbot. Where do you live. - A. No. 1, Little Ormond-yard.

Q. That is near Devonshire-street, Queen's-square. - A. Yes.

Q. Did you at any time find any pieces of paper in Devonshire-street. - A. Yes.

Q. At what time of the day. - A. Between nine and ten o'clock in the morning.

Q. On the Wednesday morning before Christmas. A. Yes, it was in the month that Christmas was on.

Q. What did they appear to be. - A. I knew they were pieces of Bank notes, I could not tell what they were.

Q. Did you in the course of the day go to look again and find any other pieces. - A. Yes, after the bell rung eleven o'clock, at Queen's-square church, I found two bits of paper, on each is a number of a five pound note.

Q. On which side of the street did you find this. - A. On the right hand side of Devonshire street as you go to Queen's square from Theobald's road, on the foot pavement, the last was outside just by the curb.

Q. Where was the first found. - A. They were rather outside of the curb stone.

Q. You found each outside of the curb. - A. Yes; I saw these pieces of notes, I turned round and picked up the little pieces; I went first of all with my brother to the bank, I was advised to advertise them.

Q. Did you at any time take them to Mr. Parkin's. - A. Yes the gentleman carried me to Mr. Parkin's in Ormond street.

Q. How many days after you had found the pieces of notes did you take them to Mr. Parkin's house in Ormond street. - A. The day after I found them, on Thursday.

Q. You do not read well enough to know the pieces again. - A. I cannot read, but I think if I saw the large piece I should know it again.

Cross-examined by Mr. Knapp.

Q. This was Wednesday morning you found them. - A. Yes.

Q. Devonshire-street is a public thoroughfare from Queen-square we all know. - A. Yes.

Q. In which people go backwards and forwards in a great quantity. - A. Yes.

Q. It is a public thoroughfare. - A. It is.

RICHARD FIELD sworn. Examined by Mr. Abbott.

Q. What are you. - A. I am coachman to lady Frances Compton .

Q. Did you at any time find any pieces of a bank note any where. - A. Yes, on Thursday.

Q. Can you tell the day of the month.? - A. I cannot; it was in December between eight and nine o'clock in the morning.

Q. Where did you find them. - A. Nearly opposite to the White Hart, the corner of Devonshire-street. in Theobald's road, about a yard and a half from the channel out in the road; on Thursday I found them I think: on the Friday following I delivered them to Mr. Parkin.

ANTHONY PARKIN , ESQ. sworn. Examined by Mr. Abbott. Q. Are you solicitor to the post office. - A. I am.

Q. Is your house in Great Ormond-street. - A. it is.

Q. Did Elizabeth Herring at any time bring you any pieces of bank note. - A. On the 18th of December she brought several parts of bank notes to my house.

Q. Did you mark part of the pieces brought by her so as to be able to indentify them. - A. I did.

Q. Did Richard Field , the witness also who has been just examined, bring you any pieces of a bank note. - A. He did two or three days afterwards.

Q. Did you mark these also. - A. I did.

Q. Have you any pieces put together which form a two pound bank note. - A. I have.

Q. Did you receive all these pieces from one of

these persons, or part of one and part of the other. - A. No. 1, in red ink I received of Mrs. Herring, and No. 2, in red ink, I received of Field; these are them (producing them).

Q. Did you also receive any pieces of paper which put together make a five pound note. - A. I did of Elizabeth Herring , the whole of them.

Q. Have these been exhibited to Mr. Moss of the bank of England. - A. They have.

JOHN MOSS sworn. Examined by Mr. Abbot. I am clerk of the accountant's office.

Q. I will trouble you to look at that, have you seen it before. - A. I have.

Q. Did you put it together in the manner it now is, that is the two pound note. - A. Yes.

Q. Does it constitute a two pound bank note. - A. It does.

Q. I will trouble you to mention the number and the date, is the number there. - A. Yes, perfect, 5907, 3d of August, 1804, signed C Philips; a two pound note.

Q. That is an unpaid note. - A. It is an unpaid note.

Q. Have you also looked at that, did you put this together as they now are. - A. No.

Q. Have you seen them before in the same state. - A. I have.

Q. Do they constitute a five pound note. - A. They do, a very perfect one, it is outstanding at present.

Q. Be so good as to mention the number and the date.

Court. You do not prove any thing; it only shows that out of this box, which any body might get at, the person that stole the one stole the other.

Mr. Knapp. Q.(to Moss) Where do you see that on the note. - A. On the different parts of the paper.

Q. I do not see C. Philips. - A. It is on the right hand corner.

Q. You were asked by my friend whether it was C. Philips, I ask you whether on inspection of it there is C. Philips. - A. Yes, there is the bottom part of the C, enough to satisfy me that it is Mr. Philips's hand writing.

Q. How high do you carry your numbers to bank notes. - A. Up to twenty thousand.

Mr. Fielding. Q. You do not make two notes of the same amount, date, and number. - A. No.

Mr. Knapp. The first averment in the indictment is, that he had it in his possession, whether there is any distinct evidence of it ever having been in his possession.

The Prisoner's Defence (read in court). My lord and gentlemen of the jury, I stand before you charged with the commission of an offence which the course of forty years of my life, and the uniform habit of distinguishing between the property of others, and the little I could call my own, has ever been regarded by me in common with every other breach of moral rectitude in the intercourse between man and man, with the utmost abhorrence. This misfortune has so destroyed my hopes of future peace, that had I not yet left sufficient to attach me even to a miserable existence, in the craving wants of a numerous and unprovided family, I should hardly care to preserve a life stained with the imputation of this crime: (for there are many who are always willing to judge harshly with the merely unfortunate and with whom 'tis the same thing to have been suspected as to be guilty) but would resign myself to either fate, and console myself in the reflection that, if I could live without reproach, I should die an honest man; but a wife and six children, the youngest not six years old, without a shilling in the world, call upon me to maintain my innocence; that upon you decision I may still have it in my power to perform for them the common duties of nature, as far as my lessened means and declining spirits may enable me to procure them bread. A father too of seventy five years of age looks to my acquittal before we part for ever. - For their sake and for his I am chiefly desirous to prolong my days, ever under the pressing and painful reflection, that I have stood before you arrainged for a capital offence and received from yourselves the judgement that gave me to my miserable family, or left me to prepare myself for another tribunal; where the innocent and the guilty cannot be confounded; and where the secret actions of all men are known.

My health is too much affected by this change, and the confinement I have suffered and labouring under, an habitual difficulty in delivering myself in any situation not occurring to me in ordinary life, I beg the indulgence of the court, while I humbly state the ground on which I apprehend it will plainly appear that the prosecution is so far causeless, as respects the object now unfortunately before you.

My situation has for the first time in my life taught me the necessity of calling to my memory the manner in which I have lived, 'till I had the misfortune to come under the suspicions of any man, and at the same time pointing out the circumstances connected with the prosecution against me, that shews the extreme improbability of my being at all connected in the offence that I am called upon to answer; for after having regularly served my apprenticeship to Mr. Wallis, of King-street, St. James's, who was a hair-dresser, I entered into the service of Mr. Stevenson, the father of the present Mr. Stevenson who keeps the post-office at Charing Cross, where the property in question is stated to have been lost; that was in 1786. The post office business was then received by him, so continued at his house, and by his son till the year 1803, when Mr. Stevenson removed into Panton-street, Leicester-square, during all which time I was constantly employed by the father and son, and for a considerable part of the time was desired to make myself useful to my master in the post office business; and I may safely and truly say, without the least doubt being entertained by either of my employers as to my fidelity to their private concerns, or to the public trust.

In 1804 Mr. Stevenson returned to Charing Cross, and entered into business with Mr. Bird as a cheesemonger, in which line I could be of no use to them or to my family; Mr. Stevenson therefore

gave up his business as a hair-dresser to Henry Brooks (another old servant) and myself; in March 1805 Mr. Stevenson again took the post office business as before, and being fully satisfied of my honesty, I was engaged by him in the afternoon, from about half after three or four till five o'clock to make up the letters in readiness to be sent to the General Post Office; Mr. Stevenson having, from the length of my employment in that duty, found me of service to him on account of my ready knowledge of the rates of postage for paid letters. - During the long acquaintance with the nature of the post business, it has frequently happened that letters have been found in the box with property enclosed, but not sealed or made up, and it has occurred to me to meet with an instance of a letter being open, and without any direction, although it contained bank notes to a considerable amount; I discovered from whom it came, in the presence of Mr. Thomas, one of the witnesses, and the neglect of the writer was corrected; but I have never yet found any temptation that led me to forget my duty to others nor to myself. - None of the property which is the subject of this prosecution was put into my hands, nor did I ever see it unless it was with the other letters, and then I assert, with the confidence of a man who is conscious of his integrity, that it must have passed from my hands unnoticed and undistinguished from the rest, and that I am no more guilty of embezzling any one letter or its contents, than I am chargable for embezzling all the letters in the office. I understand the letters are stated to have been left at the office, and paid for some time (perhaps several hours) before I went to attend the forwarding of the letters received in the course of the day. Every person in the shop took in letters; it is the practice when paid letters are brought into the shop, in which there is only one counter, to put them into a loose and open drawer, which is placed on a shelf on the opposite side of the shop, not so high as to be out of the sight of any person of common stature.

The money received for the postage of paid letters is generally put into the box with those letters, but as change is often wanted, it is not always kept apart; the account is made good out of the till, where in the hurry of business the postage are often thrown; but if I had been base enough to think of withholding any letters, I could not have found an opportunity in a retail shop, where there is full employment for two active partners and two servants, situated in a most public part of the town, and at the very time when the letters were crowding in from the different public offices, banking-houses, army agents, and other persons having considerable correspondence, especially of the common soldiers from their quarters at the guards, who for a quarter of an hour before the close of the post, are thronging into the office with letters. - Besides his business as a cheesemonger, Mr. Stevenson has been many years a collector of the house and window tax, and the tax upon property, for the principal ward in St. Martin's parish, and I have very often been entrusted by him with large sums of money to take to his banker's, and when he has had his receipts to pay over I have been sent by him with drafts on his bankers for seven or eight hundred pounds at a time; the neighbours did not think me unworthy of their trust, for I have frequently been sent by them with money for similar purposes, and other pecuniary affairs on their behalf, all of whom I believe have regarded my poverty and incumbrance as my greatest misfortune, and my integrity during more than twenty years knowledge of me, as my best and constant companion.

I will not refer more to the actions of my life to shew how undeserving I am of this ruinous prosecution; but leave it to the witnesses, who in the hour of adversity have not forsaken the cause of innocence.

The offences imputed to me are said to have been committed in November last. On the 17th of December following, Anthony the officer told me he had directions to take me to Mr. Parkin's, solicitor for the Post Office, and who I believe had previously examined every person in Mr. Stevenson's employ. After being examined, I was discharged, but the officer returned with me and searched my lodgings; I do not remember all the streets in going or returning; nothing appeared in consequence of these steps to impeach my conduct, and I was set at full liberty - to my wife I returned a husband, to my children a father, and to my master a servant, without any thing to disturb the peace of my mind. As my examination was the same as the rest, I resumed my employment without any reproach. The next day, as I was shaving Mr. Stevenson, I perceived a letter upon the table, from Mr. Parkin, the solicitor to the Post Office, on the subject of former enquiries; I observed to him that I saw he had another letter from the office about the money, and that they were determined to plague him; he answered, that he was called upon the business again.

On the 20th of Dec. I was apprehended afresh, my person and lodging was searched as before, and when I had got into the office at Bow-street, I was astonished to find it stated before the magistrate, that a five pound note and parts of a two pound note had been found by some persons the next and following morning after I had attended Mr. Parkin, rolled up and in pieces, and that other pieces of the said notes had been found the following Thursday morning, and that they were found in or about the direction the officer and myself had gone, but at some distance apart, as I understood the examination at the time; upon this examination I was committed to prison, and remained in custody till the 7th of January, when I was a second time discharged, and returned to my business as usual, unconscious of any guilt or any danger. On the tenth of the same month I was taken into custody again, and committed to prison, and am now standing in the awful situation of one indicted for the commission of a felonious offence, and to answer with my life for the verdict of my country. - Here I may remark, that the man who can be dishonest, generally, as I imagine, resorts to some artifice to conceal it, and makes some attempts to escape punishment. Can

it be believed that a man who had stolen a bank note, and of such a value as to be of easy circulation, without exciting any suspicions of the means by which the humblest individual could obtain it, would keep it by him for a month, although the common wants of his family required him to be constantly putting his hand in his needy pocket; that I who had been the last person called upon, and had previous information of the examination of others on the very same charge, should not remove every method of detection, if I had been guilty; that after being discharged I should return to my ordinary pursuits, and even after I had seen a letter on Mr. Stevenson's table, by which, and by his own declaration, I found the enquiry was not relinquished; that after all these warnings I should be so regardless of my personal safety, as to stay and meet the prosecution, rather than to have fled from justice, and have effectually destroyed the evidence that might tend to criminate me, unless I could rest my security upon my innocence!

I must observe that on Tuesday evening, when I went to Mr. Parkin, the weather was frosty, that it thawed on Wednesday, and so continued on the Thursday; but as I know not whom to suspect of this offence, I shall confine myself to my own vindication, and to remark, that from the appearance of the notes they did not seem to me, when the pieces were produced at Bow-street, to have lain in the public streets, and particularly for so long a time; if I had forgotten my proper duty, and broken through the limits which every principle of common honesty prescribes, I must have had some motive in view, some purpose to gratify, that would have caused a reasonable suspicion of the means by which I lived; my weekly income did not exceed the sum of twenty-five shillings in the whole, and my mode of living kept pace with my circumstances; but notwithstanding I disposed of my income with a hand accustomed from necessity, as well as inclination, to make the most of every thing, I am in debt some few pounds to my baker and my butcher; and if I could reconcile an act of dishonesty to my conscience, I think I could not have been involved in difficulties of that kind - thank God, those persons have been indulgent to me, and though they find me without money, they do not suspect me of being without honesty.

I have never known the feelings of a man who had offended the laws of his country, nor have I ever concerned myself about the means that such a man would probably take to screen himself from a deserved punishment, till within the walls of a prison, with nothing left to employ my mind but the sufferings of a miserable family, and the trouble of an almost broken heart: - these reflections have occurred to me, and I now present them to the consideration of an impartial judge and jury, into whose hands my fate is entrusted.

The tears of a father, wife, and six children, call upon me to offer these observations, and although the peace of my mind is for ever destroyed, yet before your verdict shall restore me to my liberty, it is my duty to declare - and I now most solemnly declare, in the presence of Almighty God and my country, that I am not guilty of the offence for which I am indicted.

Mr. Abbot. Q.(to Moss) From the inspection of these pieces of paper, are you able to say that they are all a part of the note put together again. - A. No doubt of it.

Q.(to Snell) Do you remember whether you put it into the drawer or give it to any body. - A. I threw it on the counter, it was post paid, and marked with red ink.

Q.(to Whiston) Do you at all times receive the letters. - A. I do sometimes, and sometimes the others.

Q. Was the drawer kept open or shut. - A. The drawer was kept open, there was no covering to it, so that any body might see the letters.

Q.(to Stevenson or Bird) Did you ever take the money out of the drawer for change. - A.(Mr. Bird) We must do that.

Q. Did you ever put change of equal value in it again. - A. We ought so to do, but I suppose sometimes we missed it.

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

NOT GUILTY .

First Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18060219-17

145. BENJAMIN COCKERILL was indicted for feloniously stealing on the 6th of February , a great coat, value 20 s. and a silk handkerchief, value 1 s. 6 d. the property of James Bush .

JAMES BUSH sworn. I am a seamen .

Q. Is the prisoner a seaman. - A. He pretends to be one, I am afraid he is not, if he is, he is a disgrace to one; I lost the great coat on board the ship I belonged to (the ship Helena, belonging to London); this man came on board in order to ship himself in her, she lay off Bell Wharf, in London river ; the master of the ship called all hands together, to consult what we should have to go down with her; we all went on shore except the prisoner, while I was absent he took away my coat, with the contents, a silk handkerchief and a tobacco pouch made of seal skin.

Q. What day was this. - A. Last Thursday, between the hours of eleven and twelve.

Q. Had the prisoner entered himself on board. - A. No, he would not agree for the wages, he pretended he came with that intent, but I do not think he had any idea of shipping himself, only to take what he could; I was obliged to leave the ship to find him; I watched the door very narrowly, and at nine o'clock I found him; I took upon me to stand officer myself, it being plain to me that he knew where my property was; when I found him he had my handkerchief round his neck; the coat was found in his lodgings, it was altered and made a jacket of; I brought the tailor who altered it to the magistrate, he satisfied the magistrate that he had altered it; I produce the handkerchief and great coat, I can swear to them, they are mine; here is the piece the tailor cut off the coat.

Prisoner's Defence. I found this coat on an empty lighter, which was a-stern of this ship; I took it up, and asked who owned this coat three times, no body answered.

Q. I suppose you took care there was no person there to hear. - A. Nobody answered to it.

GUILTY , aged 33.

Transported for Seven Years .

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-18

146. BENJAMIN COCKERELL was again indicted for feloniously stealing, on the 6th of February , a pair of shoes, value 5 s. the property of John Curley .

ALICE CURLEY sworn. I am the wife of John Curley : the prisoner came in the morning, and asked me for a piece of cloth for a sore finger, which I gave him; I did not see him take the shoes, but they were gone.

JOHN CURLEY sworn. I found the shoes stowed away in Mr. Bennet's cellar in a yellow handkerchief at Shadwell.

- HARRIS sworn. I am an officer: the shoes were brought to me by the landlord, but he is so ill he cannot come.

NOT GUILTY .

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-19

147. JOHN COPOUS was indicted for feloniously stealing on the 11th of February , a copper tea kettle, value 4 s. the property of Francis Hopper .

FRANCIS HOPPER sworn. I am a publican , I live at No. 16, Little Compton-street : on the 11th of February, about five o'clock in the evening, the prisoner came in and called for a pint of beer, he drank it and paid for it, he called for a second pint of beer, and change for a shilling, which I gave him, he drank it, in a little while he went to the tap room grate, he said he was waiting for his master, who lived in Long Acre; I went into the parlour, leaving the kettle standing on the grate, and no one in the tap room but himself; when I returned from the parlour, I missed the kettle and the prisoner; I immediately ran into the street, and saw the prisoner at the bar, with the tea kettle in his hand, walking deliberately along; I ran after him and he went up Star-court, I asked him where he was going with the kettle, he returned five paces back again, and set it on the ground, and said that he knew nothing at all about the tea kettle.

Q. Do you think he was sober. - A. I think he was, he turned round and walked up the court, it being no thoroughfare, he opened the gate and went into a stone mason's yard, where I stopped him; I produce the kettle, it is mine.

Prisoner's Defence. I know nothing of it, I had been making rather free with liquor, I do not recollect being in the house; I had been fourteen weeks out of employment, I had a bad arm, and when I found I was not able to do any laborious work, I went to get into the army of defence; they would not have me.

Q. Is your arm well now. - A. No; I went to Tower Hill to get a ship, my arm being bad, and I being old, they would not take me.

GUILTY , aged 47.

Confined One Week in Newgate , and publicly Whipped .

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-20

148. SUSANNAH ELSDEN was indicted for feloniously stealing on the 3d of February , a gold necklace, value 5 s. a gold locket, value 3 s. and a silk handkerchief, value 2 s. the property of Thomas Le Sadd .

SUSANNAH LE SADD sworn. Q. Do you know the prisoner at the bar. - A. I do; on the 3d of this month I met the prisoner at a public house, where me and my husband was.

Q. Did she go home with you. - A. Yes, just to have something to drink, and to have a dish of tea at my own house, and then she went away.

Q. Did you miss any thing. - A. Yes, my necklace from my neck, which was two rows of gold beads, and a locket.

Q. Was that necklace on your neck when you was at the public house. - A. Yes, and when I went home with her.

Q. Had you took it off your neck when you got home. - A. No, I'had been rather ill, so I laid down on the bed.

Q. Had you been ill before you went to the public house. - A. No.

Q. Had you been drinking. - A. No, I was very ill.

Q. Was you ill when you went to the public house. - A. Yes.

Q. You was ill then. - A. Yes.

Q. What had you been drinking at the public house. - A. I had two or three pints of beer with her, and we had some gin, we both of us drank together.

Q. Had you any more beer or gin at your lodgings. - A. I sent for a glass of gin to treat her for her kindness, my son fetched it for her.

Q. Did you fall asleep when you was on the bed. A. I did; I left her with my own child to have a drop of tea.

Q. How soon afterwards did you awake. - A. It might be an hour or two, I cannot say, but when I awoke she was gone.

Q. Are you sure that your necklace was on your neck when you laid down on the bed. - A. Yes, instantly I awoke, I missed my necklace just doing so (the witness putting her hand round her neck).

Q. Was any body else in the room besides your child, and you, and the prisoner. - A. No.

Q. What age was the child. - A. Nine years old.

Q. Did you ever see your necklace or any part of it afterwards. - A. Yes, on the same night, at about eight o'clock, the officer shewed it me.

Q. What is the value of your necklace. - A. I gave one pound four shillings for it.

Q. Had you known the prisoner a long time. - A. Only by being in the public house, having a pint of beer, she behaved very civil and very kind.

Mr. Jackson. What are you Mrs. Le Sadd. - A. I am a windster.

Q. How much had you been drinking. - A. I might have two pints of beer.

Q. Was not you so drunk that you was not able to go home, so drunk that she was obliged to carry you. - A. I was not so drunk as that.

Q. Was you sober. - A. I was not sober; I am sure I had my necklace on when I went to bed.

Q. Was not your husband at home with you in the room part of the time. - A. Yes, he insisted on her having something to drink for her goodness in seeing me home.

THOMAS LE SADD sworn. I am the husband of the last witness.

Q. Was you at the public house with the prisoner. - A. Yes. I told them to go home and get a dish of tea, I thought it would do them good; I do not know but they might be both in liquor; they had not been long in my company.

Q. Did you go home afterwards. - A. Yes, and the prisoner was in the room with my wife; I told them to make themselves comfortable.

Q. Did you observe whether your wife had her necklace on in your room. - A. I did not observe it then, I saw she had it on when she went out of the public house, it was a gold necklace, a double row of beads; I allowed them a dram a-piece; I went back to the room in the company of her man, whom I thought to be her husband; she was sitting and having some tea there; if I had known it was not her husband, I would not have had any thing to have said to them.

Q. Where was your wife, was she laying down. A. I do not think she was; I did not come back again till my daughter came and informed me the necklace was gone; my daughter informed me where to find her; I found her at another public house sitting on the pipe box; my daughter fetched an officer, she was searched, and the duplicate of the necklace was found on her; I went to the pawnbroker's and saw a part of the necklace.

Mr. Jackson. The prisoner and your wife had been drinking too much. - A. They were not so well as if they had been at work.

WILLIAM POPE sworn. I am servant to Mr. Cotton, a pawnbroker, 42, Holywell-street, Shoreditch; I produce part of a necklace; the prisoner at the bar pledged it for two shillings on the 3d of February, between seven and eight in the evening; the duplicate was brought back to me between nine and ten o'clock the same evening by the prosecutor and a watchhouse keeper.

EDWARD FRANCIS sworn. I am a pawnbroker in Shoreditch; I produce a black silk handkerchief and some gold beads; the prisoner at the bar pledged them for two shillings in the name of Obee, about seven o'clock; the prosecutor said she should not have brought the woman here if her friends had come forward: he would have glossed it over, as they were both drunk together.

Prosecutor. They are the beads, I spun the cord upon which the beads were stringed, I know the locket, they are mine; I would not wish to swear to the handkerchief.

THOMAS HARRIS sworn. I am an officer; I apprehended the prisoner, I found upon her fifty-four duplicates, and two led to the necklace.

Prisoner's Defence. These people were so much intoxicated they did not know what they were about; Mr. Le Sadd drank tea with me; he was in the room at the same time, and a son of his fourteen years old, was with him, and that gentlewoman was intoxicated; she gave me the necklace to make money of it; we had some more liquor, they sent for gin and rasberry to give me; the handkerchief is my own.

NOT GUILTY .

Second Middlesex Jury, before Mr. Justice Le Blanc.

Reference Number: t18060219-21

149. ANN FRY was indicted for feloniously stealing on the 4th of February , two plated spoons, value 1 s. a napkin, value 6 d. three china dishes, value 3 s. two English china dishes, value 2 s. and eight English China plates, value 3 s. the property of James Willis and William Willis .

JAMES WILLIS sworn. I keep the Thatched-House tavern in St. James's-street , I am in partnership with my brother William; the prisoner at the bar was a chair woman occasionally. Having two of my own servants in custody, on Tuesday morning about two o'clock I had reason to suspect the chair woman had some of my property; I sent my head waiter for her; when she came, she denied having any of it; I went and searched her lodgings, and found the property; the napkin is marked with my brother's name and mine, I can swear to it.

Q. Do you know whether you lost such plates. - A. Yes, we have lost a vast quantity.

Prisoner's Defence. I did not take them with intent of keeping them; I intended to have brought the napkin back again; as to the dishes, I took them home with some broken victuals; two of the plates are my own.

Prosecutor. We never allow them to take any broken victuals in dishes, they ought to carry it home in their aprons.

Q. Are the plated spoons yours. - A. I shall not swear to them, we have lost such.

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

GUILTY , aged 27.

Confined Six Months in the House of Correction , and fined One Shilling .

Second Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18060219-22

150. PHOEBE WALTER was indicted for feloniously stealing on the 4th of February , twenty-one jelly glasses, value 5 s. fourteen blue flower-bottles, value 3 s. forty-three pieces of wax candles, value 6 s. a pound weight of coffee, value 2 s. eight china dishes, value 8 s. thirty-four plates, value 10 s. five knives, value 2 s. and three forks, value 1 s. the property of James Willis and William Willis ; and ANN the wife of James Sneed for feloniously receiving eight china dishes, value 8 s. five knives, value 2 s. and three forks, value 1 s. being part of the before-mentioned goods, she knowing them to have been stolen .

The case was stated by Mr. Hart.

FRANCIS HOW sworn. Examined by Mr. Hart. Q. What are Messrs. Willis's names. - A. James and William, they keep the assembly rooms in King-street .

Q. Were you employed to watch in their rooms occasionally. - A. I was; on the morning of the 4th

of February, after the company were gone, me and another waiter were ordered to watch in the card rooms; in about a quarter of an hour we heard the ball-room doors open.

Q. What time of the morning was it. - A.About half past two; having the card room door pulled to, we did not see who it was, but one, which I believe to be Sarah Humphries , said, let us see what we can find; they then went away, as we supposed, as there was called in a low voice, Joe, Joe. They came again in about a quarter of an hour, the prisoner and Phoebe Walter , into the room, and went all round; I opened the door, and looked out; Phoebe Walter was carrying the candles and Sarah Humphries was taking out the candles from the sconces; they went out; I and the other went out, I told them we were sorry to find two fellow servants at that amusement: we caught them, and one detained them in the card room while the other went over to Mr. Willis. During the time the other waiter was gone for Mr. Willis, Sarah Humphries begged Phoebe Walter to take the candles out of her pocket, which she did at her request. When Mr. Willis came in he took me up to Phoebe Parker's room, and we found the coffee in her box, about a pound; the prisoner Walter said at the time that Sarah Humphries had taken the coffee, and gave it to her.

SARAH HUMPHRIES sworn. Examined by Mr. Hart. Q. You was waiter to Messrs. Willis, - A. Yes.

Q. You was with Phoebe Walter at the time the witness has been speaking of. - A. Yes.

What you know you must tell, you must speak the truth and nothing but the truth.

Q. Do you recollect taking any of your master's property. - A. Yes.

Q. How long before you was taken. - A. Three weeks.

Court. You must select one felony to prove against Walter, you must not take a larceny on one day, and then one on another; your first witness was speaking of a larceny of wax candles, now you are calling your witness to prove a larceny at another time; that will not do, you must confine your larceny to one time.

Mr. Hart. Q. You was present at the transaction spoken of by the last witness with respect to the candles in the room. - A. Yes.

Q. What quantity was there of these candles. - A. I do not know.

Q.(to How) What quantity of candles were taken. - A. Between thirty and forty pieces of candle altogether, they did not weigh above a pound, I suppose they are worth about one shilling and three pence.

SNEED - NOT GUILTY .

WALTER - GUILTY, aged 20.

Of stealing to the value of tenpence .

Confined One Month in Newgate , and fined One Shilling .

Second Middlesex Jury, before Mr. Justice Le Blanc.

Reference Number: t18060219-23

151. JOSEPH HOW was indicted for feloniously stealing on the 25th of January , a writing desk, value 30 s. a miniature picture, value 1 l. a silver pencil case, value 6 d. five bank notes, value 2 l. each, and a bank note, value 1 l. the property of Mary Ann Nisbett Banks .

MARY ANN NISBETT BANKS sworn. I am a widow.

Q. Do you remember taking a hackney coach on the 25th of January. - A. Yes, I took it from Fleet-street to go to Russel-square.

Q. Had you any person with you - A. Yes, a servant. I had seven parcels with me in the coach, one of them was a writing desk, I was set down in Russel-square; a servant took all the things out but the writing desk, that was forgot.

Q. Was that writing desk locked that was left by mistake in the coach. - A. Yes, it was locked; there was a miniature picture in the desk and a silver pencil case, several letters, and there might be about eleven or twelve pounds in notes.

Q. Did you make enquiry after you found the box had not been taken out of the coach. - A. I went to my friend Mr. Dobey, and informed him, and it was advertised on the Tuesday.

Cross-examined by Mr. Gleed.

Q. What part of the writing desk was the property which you have been speaking of deposited - A. In a secret drawer the whole of it.

Q. So that a person opening it would not discover it at first. - A. No.

JOHN OSBORN sworn. I am servant to Mr. Dobey.

Q. Do you remember on the 25th of January going with Mrs. Banks from Fleet-street to Russel-square. A. Yes, I took the coach myself from the stand; I saw seven parcels put in the coach, there was a man to help me, there was a black writing-desk put into the coach.

Q. Where was Mrs. Banks put down. - A. No. 9, Russel-square, fronting Woburn place; I handed six parcels out to the coachman.

Q. Do you remember whether the writing-desk was one that you handed out. - A. The writing-desk was the one that was left in.

Q. Did you take such notice of the coachman so as you should know him again. - A. Yes, I took particular notice of him; the prisoner was the coachman, I am sure of it. I paid the coachman his fare.

Q. Had you any conversation with the coachman. - A. I understood that I was to give two shillings to the coachman; he said he must have half a crown, I gave him half a crown, he said I was not half up to it; are you going back, I said; I am going back, he said, I will give you a ride back.

Q. Should you know the writing desk again if you was to see it. - A. Yes.

Cross-examined by Mr. Gleed.

Q. When the coach was called you and some other person put the parcels in the coach. - A. Yes.

Q. When you came to Russel-square, you gave him the parcels and he carried them into the house. A. Yes, and I gave him half a crown.

JAMES WOODBURY sworn. I live at No. 5. Bateman's-row, Shoreditch; I am a cabinet-maker.

Q. Do you know the prisoner. - A. Yes, he lodged with me for more than two years.

Q. Do you remember him coming home on the 25th of January in the afternoon. - A. Yes, on Saturday evening between seven and eight.

Q. What is the prisoner. - A. He served his time to a farrier; lately he has drove a hackney coach.

Q. What did he bring home that evening. - A. A black writing desk; I was at the top of the house at work, he called me down; when I came down he asked me to open it; by his desire I opened it, he looked in it, I looked over him, I did not put my hand in it, I saw nothing but two or three papers, I fastened it again, it was slightly fastened with a brad at the bottom; he took it in his hand, and asked me what it was worth, I gave him no answer, he said it was worth a pound or fifteen shillings, he said he would leave it there; I went to my employ again, I was very busy at that time, I believe he went out to his employ. My brother came to dine with me on Sunday, he had spoke to me to fix him a temporary desk against the partition of his house; he had seen this desk, I told him it was to be sold, he asked me what it was worth, and authorised me to buy it for him, not to give too much money for it. I told him it was worth thirty shillings, I look upon it that was the value of it. On Monday morning I asked the prisoner if he had sold it, he said no, but he was going to sell it; I told him my brother would give him thirty shillings for it, he said my brother should have it. He owed me fourteen shillings, and I was to give him sixteen shillings to make it up the thirty. On Monday evening he came home at ten o'clock, I was in bed, he told me it was his club night, he wanted some money, I got out of bed, and gave him a pound note, I had no less change. On Tuesday I was going to take the desk to my brother, whom I bought it for; I examined it and found a private drawer, containing eleven pounds and a miniature picture likewise. I took the money for my own use, I thought if it was enquired after in a little while, I could make it up again; I was short of money at the time.

Q. You was pretty sure the prisoner could not enquire for it. - A. On the next Wednesday I took the desk to my brother, he was not at home. I left it there.

Cross-examined by Mr. Gleed.

Q. You are by trade a cabinet maker. - A. Yes.

Q. Therefore you knew very well the value of a desk of this kind. - A. I never saw a desk of that kind before.

Q. How long have you been in the cabinet line. A. I worked for my master in Camomile-street seven years.

Q. This is the first time you saw one of them writing desks. - A. Yes, a black writing desk.

Q. You say because it is black; am I to understand you never saw a writing desk like that; you say you are a cabinet maker. - A. It is not in the cabinet line at all.

Q. This man is the driver of a hackney coach, he lived at your house. - A. Yes.

Q. What time did he come home. - A. Between seven and eight, I do not say exactly to the hour.

Q. You were at work at that time, do you usually work so late as that. - A. Yes.

Q. You were called down. - A. Yes.

Q. What persons were present at that time. - A. My wife, she let him in, I believe.

Q. Who was present when you first saw the man at half after seven. - A. My wife and myself.

Q. The first question was he asked you to open the desk. - A. Yes.

Q. You did not give that any ceremony. - A. No, I thought it was right.

Q. You thought it was right to open it, taking it for granted that it belonged to this coachman. - A. I really did not give it a thought, I was very busy, I opened it at the bottom.

Q. You did not put your hand in to see what sort of papers were there. - A. I did not examine the papers.

Q. How soon did the man go away. - A. I do not know, directly almost.

Q. You told my lord that the man asked what in your opinion the desk was worth. - A. Yes, I did not give him any answer.

Q. When your brother came to you on Sunday, it so happened that your brother wanted such a desk. - A. He had been speaking that he wanted a desk.

Q. Could you tell your brother the value of the desk the next day. - A. I told him it was worth about thirty shillings.

Q. How soon did you discover this private drawer, was it about half past eight or nine. - Q. That was on Tuesday.

Q. You did not discover it that night. - A. No, I never touched it.

Q. Your brother came to you on the Sunday. - A. Yes, he always comes to see me on Sundays.

Q. When did you agree to send it to your brother. - A. On the Wednesday I took it to my brother, and on the Wednesday he was not at home.

Q. Was the box left in your custody from the time the man came home till you delivered it to your brother. - A. It was left in my house, not particularly in my custody.

Q. Was it not left in your care. - A. Not particularly.

Q. Was not the desk left in your custody. - A. He might come and take it.

Q. Was not the desk left in your custody; the man went away and left the desk in your hands. - A. Not in my hands.

Q. Upon your table then; what became of the box when the man went away. - A. He laid it down.

Q. What became of it afterwards. - A. When I bought it I considered it my property, it remained where he put it, and there it continued till I took it to my brother.

Q. Did your brother that purchased this desk on a Sunday, did he examine it all. - A. No.

Q. Therefore he that was to purchase it did not

look at it at all. - A. He knew it was a desk, he only examined it on the outside.

Q. Nor you never examined on the inside to see whether it was proper for him to buy. - A. Not before the Tuesday.

Q. When was it you discovered this private drawer. - A. On Tuesday.

Q. That was after you had given the man the money he wanted for his club. - A. Yes.

Q. You took the money for your own use, you thought if any person enquired for it you should be able to make it up. - A. Yes, and if ever any body enquired for the desk, they might always have it at my brother's.

Q. Then you did understand it was not his property. - A. I thought if any body enquired for it they might have it.

Q. How could any person enquire for it when you conceived it to be the property of the prisoner. - A. I knew he was an hackney coachman.

Q. How could any person enquire for that which belonged to the man himself. - A. He might have it left in the coach.

Q. You had a suspicion that it might not be his. A. Yes, when I saw the money in it, I did not know how to act.

Q. Do you mean you was anxious to return it to the right owner. - A. Yes.

Q. You have told us that in this private drawer that your ingenuity discovered, you found a miniature picture, and there you found the bank notes that you mentioned. - A. I did not examine any thing.

Q. That will not do, did you find any letters in that private drawer. - A. There might be two or three papers.

Q. Did you find any letters in the private drawer. A. I cannot tell whether they were letters or not.

Q. Had not you the curiosity to open them to see what was contained in them. - A. Upon my oath I did not.

Q. What did you do with them. - A. The desk with the papers went to my brother.

Q. Then there were papers in the private drawer at the time the desk was delivered to your brother. A. I cannot say whether they were in the private drawer, there were some in the desk.

Q. You have told us that the miniature picture and some papers were in the private drawer, what became of them. - A. They were burnt at my brother's.

Q. Can you tell me whether there was any thing written upon them. - A. I did not examine them at all.

Q. Whether there were any figures upon them or receipts. - A. I cannot tell.

Q. What part of the private drawer did you find the notes. - A. They were by themselves, I do not know what part of the drawer they were, they were loose.

Q. You went before the magistrate did not you, did not you say before the magistrate that there were letters that you had not read. - A. Not in the private drawer.

Q. Now recollect, I do not ask you about the private drawer, did you say there were letters in the desk. - A. I might, but I do not know whether they were letters or not.

Q. Were there not directions upon them of the prosecutrix, the papers that you had the curiosity to read. - A. No, not in the private drawer.

Q. Do not shuffle about the private drawer, were there any pieces of paper that you did not read. - A. Never a one that I read through.

Q. I do not ask you whether you read through or in part, did you read any one paper whatever. - A. I did not.

Q. Did not you say there was some papers that you read. - A. No, that I looked at; it is so long ago, I really cannot tell what it was.

Q. What became of the bank notes. - A. I spent five of them.

Q. What did you do with the others, where did you put them. -

Witness. My lord, must I answer.

Court. You must answer the question. - A. I made use of five pounds, the others were secreted.

Mr. Gleed. Where were they secreted. - A. They were secreted in the chimney in a bottle.

Q. So you put them in a bottle, and put them in a chimney. - A. Yes.

Q. Did not you deny before the magistrate, and swear before the magistrate that you never found any, bank notes in that desk. - A. No.

Q. Did not you say that you never saw any bank notes in that desk. - A. I said that I opened the desk, I never saw any bank notes.

THOMAS WOODBURY sworn. Q. What are you. - A. I am a reader, a compositor, I am brother to the last witness.

Q. Do you remember, on Sunday, January the 26th. being at your brother's. - A. I went to see my brother; I had previously spoken to him about erecting me a temporary desk, my brother said there was a desk to be sold, which he told me would suit me, and save him the trouble of erecting me a temporary desk; I told him to buy it, but not to give too much money for it; as I did not understand it, he knew better what it was worth than I did.

Q. Did he tell you whose desk it was. - A. He did not.

Q. What was you to pay for it. - A. I do not know indeed.

Q. What did you give him for it. - A. Nothing.

Q. Had you no conversation with him about the price. - A. None.

Q. Was the desk ever delivered to you. - A. It was never delivered to me. It was brought to my house on the Wednesday following the Sunday. I was not at home when my brother brought it. Mrs. Woodbury told me the desk was brought; I was very busy, being the latter end of the month, on which I am always very busy; it remained there till the Sunday following.

Q. During that time from Wednesday to Sunday did you examine it. - A. No, on the Sunday I looked at it.

Q. Who was with you then. - A. My brother

was in the room at the same time, and I believe my wife.

Q. Then Sunday was the first time that you looked at it. - A. It was the first time that I examined it.

Q. What did you find in it upon your examination. - A. A miniature picture only.

Q. Who opened it. - A. It was open on the table, I was busy at the time.

Q. Where was the miniature picture. - A. I believe it was in the body of the desk at that time.

Q. Do you know whether the miniature picture was set in gold or not. - A. I do not know whether it was set in gold or not.

Q. Did you find any thing else, were there no papers that belonged to the desk that were taken out by somebody else at your house. - A. I believe there were some papers which were taken out by somebody else: I did not see them taken out, I might have just a glance of the papers, I believe they were manuscript papers, they did not appear to be printed papers.

Q. Were they letters. - A. I did not examine them.

Q. Did you ever ask your brother whose miniature picture it was. - A. I did not.

Q. Did you ever ask your brother whose desk it was. - A. No.

Q. It was then at your house, you considered it as your own. - A. I supposed that it was my brother's.

Q. Did not your brother tell you that he had bought it for you. - A. No, he did not tell me that he had bought it for me.

Q. But on Sunday you did examine it. - A. Yes, I just looked at it.

Q. I ask you whether the desk being left at your house, and you having authorised your brother to buy it for you, whether you did not consider it as bought for you. - A. I considered it as bought for me.

Q. Then you considered it as your own desk. - No, I had not agreed with him for the price.

Q. Whether you did not consider it as your own. A. Upon my word I did not consider it as my own, considered it as my brother's till I had bargained with him for it.

Q. Did you say any thing to your brother about his miniature picture. - A. No, I do not recollect whether my brother was gone when I found it; the desk was left at my house for my use, I did not purchase it, my brother told me it should remain here for my use.

Q. You had before desired him to buy it for you, was not his own I understand you, how could he it was left at your house for your use. - A. I do it know, he did tell me so.

Q. Nothing passed between you and your brother that day about the price of the desk. - A.No, t a word, but left for my use.

Q. What became of the miniature picture. - A.It remained in the desk.

Q. Do you mean to say that you never asked your other about that miniature picture. - A. I was sy pencilling, I did not ask him any thing about it, I did not give it a thought, when it was called for at my house there it was: I did not see my brother between that time and the time the desk was called for.

Q. How long did the desk continue at your house. - A. From the Sunday to the following Saturday.

Q. During that time had not you seen your brother. - A. I had not, sometimes I do not see him for a month.

Q. What else did you see in the desk when you saw the miniature picture. - A. Only a miniature picture, it was in a Morocco case.

Q. What became of the letters, did they remain in the desk then, - A. I think they were burnt, I really cannot tell who burnt them, I saw them in the fire.

Q. You mean to say that you do not know who burnt them. - A. I cannot say particularly, I did not burn them.

Q. You said at the magistrate's that your brother burnt them. - A. I am sure that I could not swear that, I could not say who burnt them.

Q. Did you state to the magistrate what you were to give for the box. - A. I did not.

Q. What became of the box or desk. - A. It was taken by the officer.

Cross-examined by Mr. Gleed.

Q. Then you do not usually dine with your brother on Sunday. - A. I do not, sometimes I do not see him above once a-month, sometimes I do not see him in that time.

Q. Therefore your being with him on that Sunday was unusual. - A. It was not unusual that I should be there if I had not seen him for a twelvemonth.

Q. You had spoken to your brother to make you a desk. - A. A temporary desk.

Q. This would answer the purpose, therefore you and your brother examined the desk to see if it would suit you. - A. I knew the nature of the desk, I had seen desks of that nature.

Q. You did not ever look in it. - A. No, it was never opened in my presence.

Q. Where did you find the miniature picture. - A. I think it was in the body of the desk.

Q. Do not think, where did you find it. - A. I found it in the desk.

Q. When did you discover a private drawer there. A. On the Sunday.

Q. On the Sunday that you was at your brother's A. No, the Sunday after.

A. Then it remained at your house from Wednesday to Sunday without your having the curiosity to look in it. - A. Yes, I was busy.

Q. This was an article that you wanted, yet you did not make use of it; did your brother first discover the private drawer or you. - A. I think it was open.

Q. What became of the letters in that private drawer. - A. I do not know, there was no letters then in the desk or private drawer.

Q. On the Sunday you found no papers at all. - A. No.

Q. How could you burn any papers. - A. I did not burn them.

Q. Who did. - A. I do not know.

Q. You see them burning. - A. Yes.

Q. Where did the papers come from that was burning. - Q. I do not know, they might come from the desk for ought I know.

Q. Who could take them out. - A. There were several people in the room.

Q. Who were the several people that were in the room. - A. My brother, Mrs. Woodbury, and myself.

Q. These were the several persons; then you were all three at that time looking at the desk. - A. We were not all three looking at the desk.

Q. Was it yourself or your brother or Mrs. Woodbury, that put the letters in the fire. - A. I cannot say.

Q. One did. - A. Yes, I was at work, I am certain I did not do it.

Q. Your wife did not do it. - A. I do not know, if I could speak positively I would; I saw them burning.

Q. Were they a large bundle. - A. I do not know.

Q. Was there one letter or more than one. - A.There might be more than one.

Q. You are sure they were letters. - A. I am not sure they were letters, they were papers of some description, with writing on them.

JOHN VICKERY sworn. I am an officer of Worship-street. On the 17th of February, I, Arm-strong, and Bishop, went to James Woodbury 's house: we told him that we was come for the desk that was left by the hackney coachman; he said he had not got the desk in his house, he hesitated some little while, then he said he bought the desk of the hackney coachman for his brother.

Q. You found the desk at Thomas Woodbury 's. A. We did; at the time that we found the desk there was a miniature picture in it (at that time we did not know that there were any notes in it); we took the two brothers and the desk to the magistrate. On the following day they came up again to the magistrate; we went to James Woodbury 's house the second day, and up a parlour chimney at the back of the stove, by the assistance of a poker, putting it up as far as I could with my arm, a little vial fell down; on inspecting the vial, I found the mark of a two pound note; we were obliged to break the vial to take them out; they were taken before the magistrate in the vial, there the vial was was broke. James Woodbury acknowledged before the magistrate that they were the three two-pound notes that were in the desk: the prisoner told us where he lodged, and what he had done with the desk; he said that he had sold the desk to him for thirty shillings, for the use of his brother; I produce the desk.

- BISHOP sworn. In consequence of some information received at Worship-street, I took the prisoner in custody, I told him he was charged with stealing a writing desk, which at first he denied; after a minute or so he said that he had one left in his coach, which he had sold to Mr. Woodbury, where he lodged, in Bateman's Row, for thirty shillings. I was present with Vickery when he found the notes in the vial in the chimney.

Q.(to prosecutrix) Look at that writing desk and miniature picture, whose property are they. - A. Mine.

Q. Was that the desk that was in the coach that day. - A. Yes.

The prisoner left his defence to his counsel; called five witnesses, who gave him a good character.

GUILTY , aged 24.

[The prisoner was recommended to mercy by the jury.]

Confined One Month in Newgate , and fined One Shilling .

Second Middlesex Jury, before Mr. Baron Sutton .

Reference Number: t18060219-24

152. LEWIS SOLOMON was indicted for burglariously breaking and entering the dwelling house of Edward Benyon , about the hour of eight at night on the 5th of February , and burglariously stealing therein a plated milk pot, value 20 s. the property of Edward Benyon .

EDWARD BENYON , junior, sworn. I am with my father; he is a hardwareman . On Wednesday the 5th of February, about eight o'clock in the evening, I was in the back part of our shop, I was alarmed by the violent breaking of a pane of glass; I immediately run out into the street, I found that one of our panes was broke, and I missed the article mentioned in the indictment.

Q. What was it. - A. A plated milk pot. As I was standing there to prevent any thing else from being taken away, a gentleman who is here, brought the prisoner back with the milk pot in this here (producing it) glove; it is a double glove, and seems very well adapted for the purpose.

Q. He was brought into your shop. - A. Yes; it was not a cold day; it is not likely that a boy like him would wear a glove like that; I found the glove on the counter after the constable had taken him away.

Q. It is two woollen gloves put together, one within the other. - A. Yes; I knew the milk pot to be our property, it has our private mark upon it.

- BYNG sworn. I was going by Mr. Benyon's window on the opposite side; I heard the glass break; I turned round my head to the window, and saw the boy run off; he ran from Fenchurch-street; I pursued him for curiosity, I did not know what he had taken out of the window; I got hold of him shortly after, and when I laid hold of him he dropped the cream jug from under his coat or out of his hand, I am not sure which; I collared him and took him back, I held him with one hand and the milk pot with the other, and took him into Mr. Benyon's shop; I asked Mr. Benyon if he knew the milk pot to be his; he said he did. He took him into the shop.

Prisoner's Defence. When he catched hold of me, he says, where is that milk pot; there was a mob came round me, and the milk pot was chucked on the ground, and the gentleman picked it up directly.

I am not guilty of the crime, you may depend upon it: I do not know any thing of it at all; I never did such a crime in my life; I hope you will give me hardly any punishment.

JOHN LACEY HAWKINS sworn. I am a constable, I produce the milk pot. I was standing about there; I saw two or three people about the window; while I was asking them what was the matter the boy was brought back, and Mr. Benyon gave me charge of him.

Q.(to prosecutor) Now Mr. Benyon look at the pot. - A. It is my father's milk pot, it has our private mark on it.

GUILTY - DEATH , aged 14.

[The prisoner was recommended to mercy by the jury, on account of his youth.]

London Jury, before Mr. Recorder.

Reference Number: t18060219-25

153. HENRY HALL was indicted for that he on the 22d of June, in the 26th year of his majesty's reign, at the parish of Stroud in the county of Kent, did marry and take to wife one Ann Wiffin , spinster , and that he afterwards on the 27th of November, in the 43d year of his Majesty's reign , at the parish of St. Marylebone , did take to wife one Fanny Domiley , widow , the said Ann his former wife being then living .

The case was stated by Mr. Gurney.

JOHN HOW sworn. Examined by Mr. Gurney.

Q. I believe you are the parish clerk of Stroud in the county of Kent. - A. I am.

Q. Were you present in 1786 at any marriage of the prisoner to a person of the name of Ann Wiffin . - A. I was then clerk.

Q. Did you know the prisoner's wife before she was married to him. - A. Yes, I knew her.

Q. Have you a copy of the register. - A. I have it in my hand, I have examined it with the book.

Mr. Serjeant Best. For the copy of a register of a marriage there should be a five shilling stamp; I object to this being read.

Mr. Gurney. Q. How long did you know them after they were married. - Q. I knew them to the present moment.

Q. Did they live at Stroud when they were married. - A. No, Mr. Hall lived at Frinsbury, the adjoining parish to Stroud; I cannot undertake to say how long they lived there after they were married, perhaps ten or twelve years.

Q. How lately did you see her. - A. I saw her the day after the date of that register; I saw her and shook hands with her the day after I took that copy of her register; I could not be mistaken in a person that was brought up as one of my own children.

Mr. Serjeant Best. How far did you live from Mr. Hall. - A. About a mile and a half; he is a potter.

Q. I understand they have been separated some years. - A. I do not know, I have heard that they were separated; I believe that she was at Chatham a year ago: I found her at her lodgings near. Whitechapel turnpike.

Q. What man was she living with, was not she when living with a person of the name of Mac Cornick. - A. It appeared so, I did not see Mr. Mac Cormick .

THOMAS BOURNE sworn. I believe you are parish clerk to St. Marylebone. - A. Yes.

Q. Have you the register book of November, 1802. - A. Yes

(The register read in court.)

Henry Hall of this parish, widower, and tFanny Domiley, widow, was married the 27th of of November, 1802, by me,

BENJAMIN LAWRENCE , curate.

Winess, JOHN - . RICHARD HOWELL .

RICHARD HOWELL sworn. Examined by Mr. Gurney. I believe you were present at the time, and one of the witnesses. - A. I was, I acted as father.

Q. You, I believe was trustee to Mrs. Domiley. A. I was.

Prisoner's Defence. I now stand here hardly sensible of the crime I have committed, inasmuch as I was assured by the father saying to me that his daughter had been dead prior to my marriage the second time for more than nine or ten months; it was a current report in the neighbourhood of Stroud; and that was not only announced so by the father himself to me, but also announced so to Mrs. Domily and myself that the fact was so and no otherwise. Had I not had the confirmation of her father of the death of the woman, who had absented herself a long while (I believe her father is in court to say it) I certainly should not have put myself in a situation equal to where I now stand. I certainly did it from a perfect innocence, not knowing I did wrong at the certain moment.

FANNY DOMILEY sworn. Examined by Mr. Gurney. Was you married to the prisoner in the year 1802. - A. I was.

Q. Whether before you were married to him did he bring any person to you to speak any thing with respect to his first wife. - A. Not before marriage, but some time after.

Q. Did he say any thing about his first wife. - A. I never heard her name from him, I thought she was dead.

Q. How soon after you was married was it that you heard any thing that excited any suspicions of his first wife being alive. - A. I am not certain, I believe it might be about a twelvemonth or more; her father came in by accident, and I asked him about it.

Q. Was Mr. Hall present. - A. He was; his name was announced to be Mr. Wiffin by some persons that were in the room with him and Mr. Hall; I told him I had heard several reports, I said to him is your daughter dead or alive; he assured me that she was dead, and died with the man that she run away with.

Q.Had you after that any conversation with Mr. Hall respecting his first wife. - A. Not till lately; I believe I told him that I heard so again; he said he believed not.

THOMAS WIFFIN sworn. Examined by Mr. Knapp. You are the father of the first wife of the; prisoner. - A. Yes.

Q. Did they live together at Stroud when they were married. - A. At Frinsbury, near Rochester.

Q. How long did they live together. - A. Ten Years.

Q. When did they cease to live together, do you recollect about what time. - A. I cannot recollect, there was a separation between them.

Q. Who did she live with after she left her husband; did not she live with a person of the name of Mac Cormick . - A. She might.

Q. Did you from information that you had heard to Mrs. Domiley say that your daughter was dead. - A. I did, and Mr. Hall likewise; I heard from good authority that she was actually dead.

Q. Did you believe the report. - A. I did, the worse luck.

Cross-examined by Mr. Gurney.

Q. You have been asked as to going to the house and telling Mrs. Domiley and Mr. Hall respecting your daughter being dead. - A. I told Mr. Hall and Mrs. Domiley at the house.

Q. That was after the marriage. - A. Yes.

Q. Do you remember being at Mrs. Domiley's house when you was asked the question in her hearing whether the first wife was dead. - A. Yes.

Q. Was not that after the marriage. - A. I do not know, I cannot say.

Q. Was not she called Mrs. Hall. - A. Yes.

Q. Upon your oath do you not know it was after the marriage. - A. Certainly it was.

Q. Did you ever tell Mr. Hall before that day. - A. No.

Q. How lately have you seen your daughter. - A. About a month ago I saw her.

Mr. Knapp. Though you did not tell Mr. Hall till after the marriage, was it the opinion of your neighbourhood that she was dead before that time. - A. It was.

Q. Mr. Hall might have heard of it beso rethat time. - A. He might.

WILLIAM GIBBS sworn. Examined by Mr. Serjeant Best. I live at No. 90, Fleet-street.

Q. Do you know Mrs. Hall, that lives with Mr. Mac Cormick . - A. Yes.

Q. Did you ever hear any report that she was dead. - A. I have.

Q. When did you first hear it. - A Two or three years ago.

Q. Was it before Mr. Hall's late marriage. - A. No, it was not before that, it was somewhere about that time.

Prisoner. This young man William Gibbs was an apprentice to a chymist and druggist in Maid-stone; his father resides alongside of my premises, he was in the habit of coming to and fro to my premises; this young man might not have heard it at that interval; if your lordship was to ask of Mr. Delaport whether my first wife (who went to his house) did not absent herself from his house for two or three years; in consequence of that the report was she was dead. Mrs. Delaport is the sister of Mr. Wiffin.

Court. Your counsel can call any witness.

MR. DELAPORT sworn. Examined by Serjeant Best. I live in King-street, in the Borough.

Q. Are you acquainted with Mrs. Hall. - A. I was, many years.

Q. Do you know any thing of her after she was called Mrs. Mac Cormick . - A. Yes, she used to come to my house.

Q. When was the last time that you saw her at your house, is it five or six years ago. - A. Four or five years ago; the last time that she was at my house was not long ago; she called at my house since my wife died, about a year and a half ago.

Q. Had you heard any report that she was dead. - A. I did.

Q. How long is it ago that you heard that report. A. Better than four years ago; the news was brought to my house; Mrs. Hall was in the habit of frequenting of my house two or three times in a week, and all of a sudden we missed Mrs. Hall; the news was brought to my house that she was dead; I did not see Mrs. Hall for a year and a half or better; we believed that she was dead, most assuredly.

Cross-examined by Mr. Gurney.

Q. You knew where she lived when she came to visit you. - A. Yes, in St. George's Fields.

Q. That is not far from King-street in the Borough; when she ceased to visit you, did you go to enquire after her. - A. I did not.

GUILTY , aged 46.

Confined One Year in Newgate , and fined One Shilling .

Second Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18060219-26

154. SYLVESTER HARRINGTON was indicted for feloniously stealing on the 14th of February , a copper, value 12 s. the property of Anthony Fortune .

ANTHONY FORTUNE sworn. I lost the copper on Friday evening last, I had seen it in the course of the day, it stood in the workshop, it was not fixed.

Q. Was it brought back to you in the course of that day. - A. I found the prisoner at the bar in the custody of another journeyman of mine, a little after six o'clock that evening; the prisoner was one of my journeymen ; he had been to work with me on that day.

Q. What is the value of the copper. - A. Twelve shillings.

WALTER HISSOP sworn. I am a journeyman to Mr. Fortune. On Friday the 14th of February, about a quarter after six o'clock, I saw the prisoner at the bar in Portland-street, he was carrying the copper which had stood in the shop; I asked him what he was going to do with it, he was in such a state of intoxication he did not know how to give any answer; I stopped him and the copper; I brought it back to know whether it was sold, or whether he had been sent out with it.

Q.(to prosecutor) Had you sold that copper, or given that man any directions to take it out any where. - A. No.

Prisoner's Defence. I worked four or five months with my master, I was very often by myself, day and night; it never run in my head to take a halfpennyworth from any body, I was sent out to a file-smith; I met a young man who was a shipmate of my son's, who has been pressed eleven months ago; my son was my only support, he told me he saw my son, he gave me a pint of beer, with that my head

was cracked; I am an old man, I was never in a court before, I leave myself to the mercy of the court.

GUILTY , aged 69.

Confined Six Months in the House of Correction , and fined One Shilling .

Second Middlesex Jury, before Mr. Justice Le Blanc.

Reference Number: t18060219-27

155. JAMES HAINES was indicted for feloniously stealing on the 13th of February , three tin tobacco boxes, value 1 s. a dozen of tin snuffer trays, value 8 s. a dozen of tin patty pans, value 6 d. and two tin cannisters, value 8 d. the property of William Howard , Robert Howard , and John Frith .

- MILES sworn. I am warehouseman to Mess. Howard and Co.; the prisoner was their porter , and occasionally employed as carman; I can only speak to the property.

JOHN ARMSTRONG sworn. I am an officer of Worship street office: I produce some snuffer stands, tobacco boxes, patty pans and two tin cannisters; I found them in company with Vickery the officer, in the prisoner's lodgings, on the 13th of this month; the prisoner had been taken up, and brought to the office before the room was searched; I found the articles under the sacking of the bed on the ground.

- VICKERY sworn. Q. Were you present when Armstrong made the search. - A. I was, they were found under the bed; I produce another tobacco box I found on the mantle-piece.

Q.(to Mills) Look at these articles. - A. There is a mark on this patty pan, I marked 8 to denote that eight came out of a plate.

Q. How do you know that they were not sold to somebody. - A. That I cannot say; there is a mark on this paper belonging to the snuffer trays, which we know them by, the tobacco boxes have no mark, they are articles that we make and deal in; I believe them to be the property of Messrs. Howards, I have seen them in the warehouse from time to time; Mr. Howard had information that the prisoner was in the habit of going into Rosemary-lane, and disposing of articles under value; he was asked by the master if he would face the parties, he said he had no objection, he went with my master and me to the office, and when he came to the office he owned it.

Prisoner's Defence. I do not know which way these things came to my lodgings.

GUILTY , aged 32.

Confined Six Months in the House of Correction , and fined One Shilling .

Second Middlesex Jury, before Mr. Baron Sutton .

Reference Number: t18060219-28

156. ALLEN MASON was indicted for feloniously stealing on the 25th of January , five saws, value 16 s. three chissels, value 1 s. a plane, value 2 s. and a basket, value 1 s. the property of Robert Salt .

ROBERT SALT sworn. I am a carpenter ; the prisoner had been in my employ about three weeks, I discharged him on the 18th of January, I suspected he had taken some tools; on the 20th of January, in the morning, I found the door open, I had locked it on the Sunday evening; finding the prisoner at the bar had left his lodgings at Bracknell, in the county of Berks, I pursued him to the White Horse cellar, Piccadilly.

Q. Did you see the prisoner there. - A. No, I found him at No. 16, Tottenham Court Road. When he came to the door to me, he says, master, I hope if I let you have the things again, you will not do any thing to me; Warren the constable was with me, I told him he was the man, he told him he had a warrant against him, he must go with him; the prisoner went with us to the Berwick Arms, in Castle-street, and the tools were brought up out of the cellar, the prisoner took them on his back, and carried them to the office in Marlborough-street.

JOHN WARREN sworn. I am an officer of Marlborough-street; the prisoner told me where these things were, I found them at the Berwick Arms, down in the kitchen; I produce the property.

Prosecutor. They are all mine.

Prisoner's Defence. I leave myself entirely to the mercy of this honourable court.

GUILTY , aged 23.

Confined Twelve Months in the House of Correction and Fined One Shilling .

Second Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18060219-29

157. HENRY PAXMAN was indicted for feloniously stealing on the 4th of January , twenty-four pieces of wood, called lignum vitae, value 5 l. the property of Graveley William Seaborne , and JAMES WARDELL , for feloniously receiving on the 23d of January , three pieces of wood, part of the same wood he knowing them to be stolen .

The case was stated by Mr. Pooley.

GRAVERLEY WILLIAM SEABORNE sworn. Examined by Mr. Pooley. Q. You are a block maker , living in the neighbourhood of Ratcliff Cross . - A. Yes; on the the 27th of last September I made an agreement for a quantity of lignum vitae; on the 2d of December I brought it to my own premises; some little time afterwards I missed some of it; I bought seventeen hundred weight, I gave seventeen shillings a hundred, I had it put in my lost; I purchased it of Mr. Wood.

Q. Did you find any of those pieces on the premises of Mr. Cook? - A. Yes, three pieces, they are here; this is one of the pieces, I know it by the shoulder, I had seen it in my lost ten times in a day.

Q. Do you know whether Wardell knew you purchased any lignum vitae wood of Mr. Wood. - A. Yes, he was my foreman, he had the management of my business when I was out of the way. There is no mark on any of the pieces of wood; I know this piece of wood, it has a limb, it is an uncommon shape, it is prime wood, I can swear to that piece of wood.

WILLIAM WOOD sworn. Examined by Mr. Pooley. I am a block maker, I live at Bermondsey.

Q. Did you at any time sell any lignum vitae wood to Mr. Seaborne. - A. Yes, about a ton and a half.

Q. After that wood was delivered to Mr. Seaborne, did you see any wood upon Mr. Cook's premises that you had sold. - A. Yes, these three sticks, and I considered them as part of a lot I once had; prior to that I had lost a quantity, I then could not tell whether it was a part that I sold, or whether it was stolen from me, but I am sure these three pieces of wood were in my possession.

Q. You have been in the trade a great many years,

can a person in the trade who has it under his eye swear to it. - A. Men who constantly work at this kind of wood can swear to them; if I had a piece of wood I could speak to it the same as I can tell one man's face from another. Wardell took me to Mr. Cook's, he showed me the wood he had bought of Paxman.

Q. At the time that he told you that he had bought the wood of Paxman; did he know that Paxman was charged. - A. Yes; he picked out the wood at Cook's immediately, and said they were the three pieces of wood that he purchased of Paxman; this is one, and that is another. (shewing them.)

Cross-examined by Mr. Gurney.

Q. What day was it you went with Wardell to Cook's. - A. I think it was on the 30th.

Q. Before you went to Cook's you went to Neal's. - A. Yes.

Q. In consequence of what passed at Neal's do you remember talking to Cook about your finding some wood that had been stolen from you. - A. Yes.

Q. Do not you remember your expression, saying, Neale sells some blocks so cheap, I called on him for some money yesterday, and there I saw some wood that belonged to me. - A. Yes.

Q. Did not you tell Wardell that Neal told you that the wood which he had, which you claimed, was what Neal bought of Paxman. - A. Yes.

Q. Upon this did not Wardell directly say, yes, I have had some wood of Paxman which I have sold to Cook, and Paxman told me that he bought it of a shipwright. - A. It may be so.

Q. Is it not the fact that he had told you before about the three pieces that he had sold to Mr. Cook. - A. Yes.

Q. And that Paxman, when he sold them to Wardell, he said, he (Paxman) had bought them of a shipwright. - A. Yes, he pointed out the pieces of wood, when he went with me, which he had sold to Mr. Cook.

Q. And he went with you to apprehend Paxman. - A. Yes.

Q. All this before Mr. Seaborne knew that the wood was at Mr. Cook's. - A. I told Seaborne that I had found some wood that I had in my possession, that was after this; I saw Wardell and Paxman together.

Q. Was Paxman taken up. - A. He was not in the the hands of an officer; Wardell was in search of him, apparently so, if I may judge of his actions; he took him at a public house, and wished me to follow him; as such I went to an headborough, when I returned, Paxman and Wardell was gone; we went to another public house where we found Wardell; he said I have lost Paxman; he has gone out at the back door, and was gone down the Commercial road.

Q. Wardell attended before the magistrate as a witness. - A. He did.

Q. He was suffered to go at large. - A. He was; on the first day he found bail.

Mr. Pooley. Whether at the time that Wardell went with you to Cook's shop, did he know that Paxman was suspected. - A. I believe he did know that Paxman was suspected; that Paxman was suspected of the theft there can be no doubt, because Mr. Neal pointed out to me that Paxman was the person who sold it.

JOHN PETIT sworn. Examined by Mr. Pooley. Q. You was a sawyer working at Mr. Seaborne's in January last. - A. Yes, I worked with Paxman at the top, I was journeyman to Paxman.

Q. Did you at any time go to any public house called the Ship on the Ground, along with Paxman. - A. Yes on the 21st of January, he desired me to go there to take a bit of wood, to go up the Highway to cut it.

Q. When you came there did Paxman bring out any wood. - A. Yes.

Q. Look at either of these pieces. - A. I think this is one piece that he gave me, I cannot swear positively. I took one piece and he had another; we went into the Virginia Planter , and set them in the passage; he came out directly and took them up again, we carried them to Pope's Head Turning, Shadwell, there we set them down.

Q. Is that near where Wardell lives. - A. Wardell lives about twenty paces from there, in another street; I left Paxman; I took the saw in my hand and went into the Virginia Planter , Wardell came in afterwards, he drank by himself, that is all that I saw.

WILLIAM BARTON sworn. Examined by Mr. Pooley. Q. You keep the public house, the Ship on the Ground. - A. Yes, in Broad-street, Ratcliff.

Q. Do you know Paxman, the prisoner. - A. Yes.

Q. Do you recollect any time in January, Paxman coming with any wood. - A. Yes, about six o'clock in the morning, he laid it down in the passage, he came down into the lobby, and asked for a glass of gin, he then took up the piece of wood and said it is a nice piece of wood for mallet wood.

Mr. Knapp. You knew the prisoner Wardell. - A. Yes, these three or four months, he lived about three hundred yards from me; I always heard a good character of him, he is a very good kind of a man.

WILLIAM COOK sworn. Examined by Mr. Pooley. You are a block maker. - A. Yes; I live in Broad-street, Ratcliff; I have known Wardell from a boy, from his first going apprentice.

Q. Did you at any time buy any wood of him. - A. Yes, I bought three pieces about a month ago, I believe those are the three pieces of wood; I gave him sixteen shillings and sixpence a hundred; he brought me a piece in on each day, at his dinner time (I was not in the shop, I do not live where my shop is), the windows being open, he put them in, when he had put a piece in on each day, he came and told me that he had brought another piece, I weighed it and paid him for it altogether; I gave him the market price for it, which I have witnesses here to prove.

BENJAMIN WHITE sworn. Examined by Mr. Pooley. Q. You are a constable, did you apprehend Paxman. - A. I was with the officer who apprehended Paxman, I told him what he was taken for, he did not say any thing at that time. On the 30th of January, he was apprehended, on the 24th I went

to him, I wanted him to come to work for me (he worked for me as well as Mr. Seaborne) he said he was in a very great trouble; I said I understand you are; he said will you help me out; I asked him from where the wood came, he said from Mr. Seaborne's platform; I told him he must suppose that to be Mr. Seaborne's property. He said there were bigger rogues than he, but before he would split he would have his hands cut off.

Paxman said nothing in his defence; called one witness, who gave him a good character.

Wardell left his defence to his counsel; called four witnesses, who gave him a good character.

BOTH - NOT GUILTY .

Second Middlesex Jury, before Mr. Justice Le Blanc.

Reference Number: t18060219-30

158. ELIZABETH ROLFE was indicted for feloniously stealing on the 9th of February , six nutmegs, value 2 s. one gold ring, value 5 s. two ounces of cinnamon, value 1 s. one ounce of cloves, value 6 d. six ounces of blue, value 8 d. and two sticks of sealing-wax, value 6 d. the property of William Garrett .

The case was stated by Mr. Alley.

WILLIAM GARRETT sworn. Examined by Mr. Alley. You are a shopkeeper and live in town. - A. I live at No. 36, Great Tower-street ; I am a cheesemonger and oilman ; the prisoner at the bar was in my service seven weeks.

Q. In consequence of any suspicion did you mark any nutmegs. - A. Yes; the night previous to the nutmegs being stolen, I put twenty-five into the drawer in the shop, I marked them with ink.

Q. What day was this done on. - A. The 8th of February, Saturday evening, twelve o'clock precisely; I saw every servant to bed before I retired to rest; the prisoner at the bar on Sunday morning came to my bed room door to get the key of the parlour to clean it against we came down to breakfast.

Q. Had she the opportunity by that key of getting into your shop. - A. The moment she got that she had access to any part of the house, because there were no part locked up besides. I come down to breakfast a little after nine o'clock; I went to the goods that I had marked in the shop, I counted the nutmegs over in the drawer, there was only nineteen left, there was then six missing.

Q. In consequence of something that happened did a constable come to your house. - A. The man servant was not gone out of the house, a constable came in; the prisoner at the bar, when the constable knocked at the door, was in the very act of robbing me; she had her hand in the cupboard where my liquor and spices and every article of value were; the constable laid hold of the man, and said if you have any more servants in the house I shall search them all; this woman was searched; in her pocket was found six nutmegs that I had marked the night before, and a gold ring was found upon her, which was my own; the constable searched her box, and found cinnamon, mace, cloves, two cakes of Windsor soap, and two sticks of sealing wax; them articles are my own, and what I deal in.

Q. I believe after this she was taken before the magistrate, the man was sent to sea, and this woman was committed for trial. - A. Yes.

DANIEL JEWSON sworn. Examined by Mr. Alley. I am a constable, I produce the articles.

Prosecutor. I swear they are all my property.

Prisoner's Defence. Indeed I found them on the cellar; when the man and I shook the carpet, the ring fell out and the nutmegs, I picked up on the Sunday morning, the two cakes of soap William Garr gave me on the Twelfth night last.

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

GUILTY , aged 22.

Confined Two Months in Newgate , and fined One Shilling .

London Jury, before Mr. Recorder.

Reference Number: t18060219-31

159. JOHN SMITH was indicted for feloniously stealing on the 4th of February , twenty-three straw hats, value 2 l. 10 s. the property of Joseph Garland Marmaduke Hart and George Richard Robinson .

Second Count for like offence, laying them to be the property of James Compeene .

Third Count, the property of the commissioners of the customs ; and

Fourth Count, the property of persons unknown.

The case was stated by Mr. Knapp.

RICHARD LUMLEY sworn. Examined by Mr. Roe. You are a surveyor in the service of the Custom-house. - A. I am; I was on duty on the 4th of February, I saw the prisoner as I was coming up the gateway of his Majesty's Custom-house in Thames-street.

Q. Was there any thing about his person that attracted your notice. - A. He had his hands folded before him, I am not sure whether it was under his apron or over it, I saw the hats on one side, I put my hand over his shoulder and said, friend what have you got here; he said hats; I said to him where have you stole those hats, he denied stealing them, I stopped him, and by putting my hand to him, one of the bundles of hats fell down; I secured him, and took the property from him, there were twenty-three hats; the prisoner had them in his apron.

LUKE - sworn. Examined by Mr. Roe. You are clerk to Messrs. Garlands and Co. - A. Yes.

A. Had you any hats that were imported to you of the quality of these. - A. Yes, seven hundred and sixty dozen.

Q. How many have you lost. - A. Sixty-five dozen and six hats lost; when I went to the warehouse I was showed where a board had been taken away, and in one case where there had been eighty-four dozen, there were no more than two or three dozen.

JAMES COMPEENE sworn. Examined by Mr. Knapp. You are the warehousekeeper in the Custom-house, where the hats were deposited. - A. Yes.

Q. All the goods that were in that warehouse where those were taken from were under your charge. - A. Certainly.

Q. Did you see the aperture that we have heard of. - A. Yes.

Q. Was that opening sufficient to take out these hats. - A. Quite so.

Did you know the prisoner before. - A. Never saw him before.

Q. He had no right to be seen in your warehouse, or coming from your steps. - A. No.

THOMAS THORN sworn. Examined by Mr. Roe. I am a bricklayer, I saw the prisoner coming out of the warehouse, I observed something under his coat, he kept his hands before him as though he had something under his clothes; this was between eleven and twelve o'clock, I saw him after that when Mr. Lumley brought him up the gateway with the hats.

MICHAEL BLACK sworn. Examined by Mr. Knapp. I saw the prisoner come out of the warehouse with his hands in this manner (witness describing), I saw afterwards the straw hats found upon him.

Prisoner's Defence. I found them hats behind the gateway at Cox's Quay, and brought them along Thames-street; in the mean time the porter saw me with them, he touched me on the shoulder, and said, what have you got there; I said straw hats, I took them from Cox's Quay.

Court. What business had you to take them from the quay. - A. I found them; he cannot prove they are his property. I am a sailor.

GUILTY , aged 33.

Transported for Seven Years .

London Jury, before Mr. Recorder.

Reference Number: t18060219-32

160. ANN BROUGHTON was indicted for feloniously stealing on the 30th of January , five handkerchiefs, value 5 s. the property of Robert Peart .

ROBERT PEART sworn. I am a pawnbroker , I live in Knight Rider-street, Doctors'-commons ; on Thursday the 30th of January the prisoner came into my shop to pledge an article; she refused taking the money offered, she went out; presently a person came in and told me a woman had stole some handkerchiefs from the door; I went after her, she had turned up Sermon lane before I had got to the door; when I got to the corner I saw her running with the handkerchiefs under her arm, I overtook her, and brought her back with the handkerchiefs.

Q. How many handkerchiefs were there. - A.Five; they were tied with a string hanging outside of the door.

Prisoner's Defence. When I went into this gentleman's shop to pledge, I never took the handkerchiefs nor touched them, the handkerchiefs were dropped in Knight-rider-street by a man; I picked them up; the gentleman knows that my father is a porter and my mother is a working woman.

NOT GUILTY .

London Jury, before Mr. Recorder.

Reference Number: t18060219-33

161. JOSEPH BELL was indicted for feloniously stealing on the 20th day of January , two hundred and forty yards of serge, value 5 l. and two hundred and forty yards of long ells, value 10 l. the property of Joseph Green , Luke William Walford , and John Walford.

The case was stated by Mr. Walford.

JOHN TURNER sworn. Examined by Mr. Walford. I am a constable; on the morning of the 20th of August, about ten in the morning, I was in Broad-street; I saw the prisoner going down Austin Friars, I followed him.

Q. How was he going. - A. Sometimes running and sometimes walking; there was another young fellow walking by the side of him; he had the truss on his back, holding it with his two hands quite a stoop; I stopped him just going out of the passage from Austin Friars into Winchester-street.

Q. Did you ask him how he came by the goods. A. Yes; he did not give me any answer; he attempted to pitch the truss right upon me; I took hold of his collar and turned round and missed it; I took him to the Mansion-house.

STEPHEN LEADER sworn. Examined by Mr. Walford. Q. Did you go to the warehouse on the morning of the 20th. - A. Yes, between seven and eight o'clock, I went up stairs to work in the upper part of the warehouse; I did not lock the warehouse door, I only shoved it to.

Court. Where is the warehouse. - A. In Leadenhall Market .

Mr. Walford. Had you before this received several bales of this sort. - A. Ten.

Q. Had you put them by themselves. - A. No, they were near the door, upon some others, that had been in before.

Q. Were any of these mising after this offence had been committed. - A. Yes, one, marked I. B. 109, with the letter R. they stood near the door.

LUKE WILLIAM WALFORD sworn. Examined by Mr. Walford. Q. Did you in consequence of any information that you heard go to the Mansion house. - A. Yes.

Q. Did you there see the prisoner and these goods. - A. I did.

Q. Are there any marks by which you know them. - A. Here is the mark, I. B. 109, and the letter R.

Q. What may be the value of them. - A. fifteen pound.

Q. You are sure they are your property. - A. I am sure of it.

Prisoner's Defence. I was out of employment; I went out about nine o'clock in the morning to look after employment; going along Threadneedle-street, I met this man, he asked me if I would carry this load for him he would give me half a crown. I was very glad to carry it for him; I followed him when I got into Winchester-street, that gentleman stopped me, accordingly I lost the man in a minute. I did not make the least resistance in the world.

Q. Who is the man that you carried it for. - A. I do not know the man, I never saw him before.

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

GUILTY , aged 23.

Transported for Seven Years .

London Jury before Mr. Recorder.

Reference Number: t18060219-34

162. ABRAHAM SHAW was indicted for feloniously stealing on the 8th of February twenty-five yards

of baize, value 20 shillings , the property of Thomas Stirtevant .

THOMAS STIRTEVANT sworn. I am a hosier , I live in Bishopsgate-street , I can only speak to the property.

SAMUEL STENE sworn. I keep a broker's shop in Shoreditch, on Sunday evening the 8th of February, between the hours of six and seven o'clock, I was walking along Bishopsgate street, I saw the prisoner Shaw take a roll of flannel out of Mr. Stirtevant's shop; he came towards me, I catched him in my arms with the flannel under his arm; he dropped it; Mr. Stirtevant's shopman came out and picked the flannel up, I took the prisoner into Mr. Stirtevant's shop, I never loosed him till I got him into the shop.

SAMUEL WARD sworn. Q. You are a servant to Mr. Stirtevant. - A. I am. On Saturday evening between the hours of six and seven o'clock, I heard a man say you have stole that flannel; upon which I run out, I saw the prisoner in his arms struggling and attempting to get away, I saw the flannel on the ground, I immediately picked it up.

Q. I suppose the flannel stood at the door. - A. Yes.

Q. It was owing to the alarm that you missed it. - A. Yes; I produce the flannel, it is my master's property, I know it by the private mark.

Prisoner's Defence. I was walking along when this man laid hold of me; I saw the flannel lay by the door, this gentleman came after me, he said he saw me drop it. I do not know any thing about the rool of flannel.

GUILTY , aged 18.

Transported for Seven Years .

London Jury before Mr. Recorder.

Reference Number: t18060219-35

163. WILLIAM BELLINGER was indicted for feloniously strealing, on the 15th of January , a coat, value 10 s. the property of Edmund Rumford

EDMUND RUMFORD sworn. I am clerk to Messrs Calvert and Co; on Wednesday the 15th of January between the hours of six and seven in the evening, the prisoner at the bar came into the accompting house in Thames-street , saying that he came from Mrs. Clark, who keeps a public house in Oxford-street, that she wished us to send for some empty buts; while I turned my back to get the book to make a memorandum of it, I heard the prisoner move from where he stood towards the iron safe where the coat hung; I immediately came round to where I was, and before I got round the prisoner had got into the passage, I followed him and took him in the passage with the coat in his possession; this is the coat; it is my property.

Q. What did he say for himself. - A. He said he found the coat in the passage.

Q. That was not true. - A. No, it was hanging up, I saw it there not three hours before.

Prisoner's Defence. I have nothing to say; I shall throw myself entirely on the mercy of the court.

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

GUILTY , aged 28.

Transported for Seven Years .

London Jury, before Mr. Recorder.

Reference Number: t18060219-36

164. WILLIAM STEVENS was indicted for feloniously stealing on the 25th of January , a hankerchief, value 3 s the property of Simon Thompson .

SIMON THOMPSON sworn. I was passing the passage which leads from London Bridge to the old Swan stairs , on the 25th of January, between twelve and one o'clock; I felt my handkerchief being drawn out of my pocket, I turned round, and secured the prisoner; I requested a person who saw him take it out of my pocket, to get a constable; when I turned round the handkerchief was in his hand, he was endeavouring to put it in his bosom.

WILLIAM GREGORY sworn. I was at the wharf, in a little room where they take orders in for coals, looking out of the window, I saw the prisoner take the handkerchief out of his pocket, Mr. Thompson turned quick round and took him by the collar, and secured him, he desired me to fetch a constable.

EDWARD GILL sworn. I am a constable; I took the prisoner into custody, Mr. Thompson gave me the handkerchief, I produce it.

Q. Is that the same handkerchief you had of Mr. Thompson. - A. Yes.

Q.(to prosecutor.) Is that the same handkerchief the man took out of your pocket. - A. Yes, it is my handkerchief.

Prisoner's Defence. When Mr. Thompson turned round and saw the handkerchief in my hand, he asked me where I got it, I told him that I picked it up at the corner, and I gave him the handkerchief.

GUILTY , aged 52.

Confined Six Months in Newgate , and fined One Shilling .

London Jury, before Mr. Recorder.

Reference Number: t18060219-37

165. SAMUEL TAYLOR was indicted for feloniously stealing on the 24th of January , one bound book, called the Holy Bible, value 5 s. the property of John Mudie .

JOHN MUDIE sworn. I live in Lincoln's Inn Fields . On Thursday, the 24th of January, between three and four o'clock, I observed the prisoner watching about the door; from information that I received, I went to Marlborough-street to get an officer to take him into custody, and while I was gone this bible was taken away; I suppose I was not gone above five minutes; when I returned, the man that was lurking about the shop, and the bible were gone; I then gave notice to different booksellers to stop it if it was offered for sale; on the 28th of the same month, I was informed that it was on a stall in Piccadilly, I accordingly went down Piccadilly to get my bible; as I was going I met the prisoner, but I did not take hold of him till I was sure it was my bible; I went to see the bible, and returned and took the prisoner into custody, I am sure the prisoner was the man, that was lurking about my shop.

CHARLES HAYES sworn. I am a bookseller, I keep a stall in Piccadilly. On Tuesday, the 28th of January the prisoner came to me and asked me whether I would buy some books, I told him I could not buy them till I saw them, he told me there was a good bible among some other books, which induced me to go and look at them; I went with him to a pawnborker's

shop in Cranbourn-alley, where the bible in question was taken out; he took me to two more pawnbroker's shops in St. Martin's-lane, where there were more books taken out.

Q. What price did you give him for the bible. - A. I gave him five shillings and sevenpence farthing; he said it was his property (the bible produced).

Prosecutor. This is my bible.

Prisoner's Defence. As to my being near the stall, that is a fact; I was bred up to the profession I had a writ to serve for a person who had employed me, I was there to serve the process from time to time; Mr. Mudie, says, that while he was gone this book was stolen; Mr. Hayes, says he bought it of me; the duplicates came into my possession from a man who could not pay me; as to my stealing the bible, there is no absolute proof; that they came into my hands, is certain, I did not see the bible at Mr. Mudie's; it is wonderful; just while he was out he says the bible was gone, and I was gone from the door.

NOT GUILTY .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-38

165. PETER COLLINS was indicted for feloniously stealing, on the 12th of February , a pair of boots, value 6 s. eight pieces of patch-work, value 4 s. and five yards of cotton, value 8 s. the property of John Bowman .

SUSANNAH BOWMAN sworn. My husband's name is John Bowman , I am a married woman, I live at No. 5, Union-court, Fashion-street, Spitalfields . On the 12th of this month, between four and five in the afternoon, I was in my kitchen, my street door was open, my little girl gave the alarm, saying, mother, there is a man run out of the door; I ran up stairs and saw the prisoner at the bar go out of the door, I never lost sight of him, I stopped him just as he got into Fashion-street, I asked him what business he had up stairs; I saw the bundle under his coat, I said that is my property, I pulled it from him, he gave me a push and almost pushed me down, he took the bundle and ran away, I cried Stop thief, he was stopped.

Q. Did you ever lose sight of him. - A. No, my daughter, who is now present, was near me when he was stopped.

Q. Was he immediately stopped. - A. No, he ran to the bottom of Fashion-street before he was stopped, I got up to him; some man gave me the bundle.

MARY BOWMAN sworn. I am the daughter of the last witness; I ran out after my mother, I saw my mother take the bundle from him, he got away from my mother, he gave me the boots, he had them under his coat.

THOMAS HART sworn. I am an officer, I received these things from the prosecutrix; the prisoner was taken to the watchhouse before I saw him, I searched him and found nothing on him; he begged forgiveness, he said he was very much in liquor, he did not know what he was doing of.

- sworn. I was at work between the hours of four and five in the afternoon, I heard a cry of Stop thief, I ran out and collared the man, just at the bottom of Fashion-street, and took him to the watchhouse; he went down upon his knees and begged my pardon, thinking I was the prosecutrix's husband.

Q. In the first place, is that the bundle that you took from him. - A. Yes.

Q.(to prosecutrix) Whose piece of patchwork is that. - A. The patchwork and cotton is mine, they laid upon a box in the two pair of stairs room, I had seen them in about twenty minutes before, I had been in the room hanging up a few things I had been washing; the boots are my son's, he is nineteen years old.

Prisoner's Defence. I never was in that place, I was coming from Blackwall, going home to my family; as I was coming down Fashion-street I saw two men, one of them throwed a bundle and a pair of boots to me, I catched the bundle and the pair of boots, and endeavoured to run after them, this woman came up to me, I said is this your property, she said it is, she immediately took the property and turned from me; and going on further, two or three men came up to me, they said they thought it proper to take me to the watchhouse; I went to the justice, and while I was there a man came in, who said he saw two men run, and saw them drop the things, this woman immediately wanted me to be turned over to my regiment, I said I did not like to be exposed to my regiment, I had not been guilty of what I had been charged with.

Q. Is the man here that said he saw them drop the bundle. - A. No.

Prosecutrix. It is no such thing, nothing of the kind passed at the magistrate's.

GUILTY , aged 40.

Whipped in Goal .

First Middlesex Jury, before Mr. Justice Le Blanc.

Reference Number: t18060219-39

166. JANE DUNN was indicted for feloniously stealing, on the 20th of January , eight pound weight of beef, value 2 s. the property of Richard Butler .

RICHARD BUTLER sworn. I am a butcher , I live at No. 1, Pit-street, Mary-le-bone ; I can only speak to the property.

SAMUEL PRIEST sworn. On the 20th of January about a quarter before eight in the evening, I saw the prisoner at the bar go into the prosecutor's shop; I saw her take a piece of beef out of the shop, I followed her and brought her back to the shop, and the meat (there was a boy asleep in the shop at the time) she was detained in the shop till the prosecutor came home.

Q. The same piece of beef that you saw the prisoner take, you gave to the prosecutor. - A. Yes.

Q.(to prosecutor) On your return home to your shop, what happened. - A. When I returned, the prisoner was in the parlour, and the meat; the last witness told me that the prisoner had stole the piece of beef.

Q. Whose property was that piece of beef. - A. mine, it was about eight pound.

Prisoner's Defence. I was in great distress having two children.

GUILTY , aged 45.

Confined Six Months in the House of Correction , and fined One Shilling

First Middlesex Jury, before Mr. Baron Sutton .

Reference Number: t18060219-40

167. RICHARD JOLLY was indicted for burglariously breaking and entering the dwelling-house of James Rawson , between the hours of six and seven at night on the 20th of January , and burglariously stealing therein a yard and a half of lace, value 7. 6 d. and forty yards of other lace, value 4 l. the property of John Cookson and Jane Rawson .

JOHN COOKSON sworn. I am a haberdasher , I am in partnership with Jane Rawson .

Q. Do you keep the house - A. No, my partner Jane Rawson lives there; I live in Bevois Court, Basinghall street. On the 20th of January, a little before seven in the evening, my shopman informed me that all the remnants of lace in a basket were stolen from a broken pane; I looked and found they were gone. About half an hour afterwards I was requested by a neighbour to go into Mr. Dowling's, as a young man was taken there on suspicion; I went there and was shewn a piece of lace, which I knew to be mine; the prisoner denied ever having it in his possession.

Cross-examined by Mr. Knapp.

Q. You do not know how this lace was taken out of this shop. - A. There was a piece of glass pushed out of the broken pane, it could not go any other way.

ALEXANDER SCOTT sworn. I am an apprentice to Mr. Ruffee, a tin plate worker, No. 6, Paternoster-row, Spital Fields; I was coming along Bishopsgate-street.

Q. What day was it. - A. I cannot tell the day, I believe it was Monday; to the best of my knowledge it was between seven and eight o'clock; I saw this man at Mr. Dowling's window, and as he was standing there this piece of lace was flying with the wind by his side, I took hold of him and put him into Mr. Dowling's shop, where he put the lace on his left hand behind him on some flannels that were on the counter.

Q. Where did he lay hold of it from. - A. I cannot say, the lace was hanging out on one side of him.

Q. Where was it hanging from; from his pocket, his shoulder, his elbow, or where. - A. I cannot say whether it was from his waistcoat pocket or breeches pocket, it was somewhere thereabouts; Mr. Dowling sent for Mr. Cookson, he came and owned the lace.

Cross-examined by Mr. Knapp.

Q. You say you saw some lace flying. - A. Yes, he was standing at the window at that time.

Q. When you saw him standing in the shop, he was very near the counter; there was lace laying on the counter at that time. - A. No.

Q. Will you undertake to swear that there was no lace laying on the counter at that time. - A. I cannot.

Q. What time was it that you saw him. - A. Between seven and eight o'clock.

Q. Then it was not between six and seven o'clock. - A. No.

THOMAS SAPWELL sworn. I am a constable, I produce the lace.

Q.(to prosecutor) Is that your lace. - A. It is my lace, there is no mark on it, it is the pattern that I swear to, I know I had it in my shop, there is a yard and a half of it; I calculated that there was from five to eight pounds worth in the basket; they were all taken out of the window, and this is the only one found on the prisoner.

Q. What is the value of that. - A. Seven and six pence.

Mr. Knapp. I understand you know it by the pattern, and I take it for granted the pattern is not different to every other piece of lace in this large town, will you venture to swear that there may not be other lace of that pattern. - A. It is impossible that I should say that.

Prisoner's Defence. As I was going by this place this young man catched hold of me and took me into Mrs. Dowling's shop, and said I had got some lace of hers; she said I have lost some tonight, I do not think that he took it, I think you took it; I was searched first, and after that Mr. Sapwell came in, he was not satisfied with that, he took all my things off but my shirt.

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

NOT GUILTY .

London Jury, before Mr. Recorder.

Reference Number: t18060219-41

168. SARAH GLADMAN was indicted for feloniously stealing on the 24th of January , fifty yards of printed cotton, value 3 l. 10 s. and twenty-five yards of gingham, value 2 l. 8 s. the property of Thomas Clarke , Thomas Boyd , and Thomas French .

THOMAS CLARKE sworn. I am a linen draper , I live in Holborn, the corner of Bow-street, I have a shop in the city, Thomas Boyd and Thomas French are my partners; this offence was committed in Newgate-street . On the 24th of January, about four in the afternoon, I saw the prisoner in the shop, she had a very large cloak on her, there was a man in conversation with her, he was watching of me apparently, to see whether I was attentive to them or not; the woman was standing by him with her arms under her cloak, she seemed as if she was creeping something down in her pocket under her cloak; I went over the counter and turned her about into the middle of the shop, and took from her a whole piece of gingham of twenty-five yards, which was under her clothes round her body; I sent for an officer to take her in custody, she then begged to sit down, and immediately dropped her pockets; in one of these pockets was found twenty-eight yards of cotton print (her pockets were large bags which she had by her side; the pockets shewn in court), and in the other pocket was twenty-five yards; she had taken two pieces of print, and one piece of gingham.

Q. You saw her taking this. - A. No, I only saw her as if she was creeping something in her pocket; the man ran away out of the shop, he has not been seen since.

Q. How long had she been in your shop. - A. I suppose about a quarter of an hour, I did not see her come in.

Prisoner's Q.(to prosecutor) I wish you to say whether you took it from under my petticoats. - A. No, I took it from round your waist.

Prisoner. I had it in my hand, I had it not round me, he found me pregnant instead of any thing about me.

Court. Q.(to prosecutor) Where is your shop. - A. I live in Holborn, my shop is in Newgate-street,

the corner of St. Martin's-le-Grand.

WILLIAM WHITEWICK sworn. Q. You are a shopman to this gentleman. - A. Yes, I see Mr. Clark take the gingham out of her apron from her waist.

Q. Did you see her come in. - A. Yes, she came up to me as I was at the bottom of the shop, she said she wished to look at some prints; there was a man with her; I shewed her some, and went to the bottom of the shop to get some others; before I came back again, Mr. Clarke took the gingham out of her apron, he then sent for a constable, I stood by her and saw her pockets drop from her.

Q. Where had these goods been before she come in. - A. On the counter.

Q. Had you left these goods which you found afterwards in her pockets on the counter. - A. Yes, the goods were left there while I went to the bottom of the shop, and when I came back they were gone.

Q. Was any body else in the shop. - A. The shop was nearly full.

Prisoner's Q. Did not I ask for seven yards of what you say you found about me. - A. You did not, you said you did not like them.

THOMAS WILLIAMS sworn. I produce a piece of gingham and two pockets; there was twenty-eight yards of print in one pocket, and twenty-five yards in the other, they are extreme large pockets.

Q.(to Whitewick) Are you sure that you left these two prints on the counter. - A. Yes, I am sure; they are my master's property, they are all three marked with a private mark.

Q. What is the value of the gingham. - A. Two pounds eight shillings, and the value of the print is three pounds ten shillings.

Prisoner's Defence. I am as innocent as a baby in the womb, though these gentlemen have brought me before the court; my husband is gone aboard a-ship ever since that gentleman sent a letter to him.

GUILTY, aged 35.

Of stealing, but not privately in the shop .

Transported for Seven Years .

London Jury, before Mr. Recorder.

Reference Number: t18060219-42

169. JAMES GARDNER and MARY MURRAY were indicted for feloniously stealing on the 27th of January , twelve yards and a half of printed cotton, value 1 l. 5 s. 6 d. the property of Samuel Moore .

SAMUEL MOORE sworn. I live in Bishopsgate-street . On the 27th of January, about a quarter before five o'clock in the evening, I received information from a woman; in consequence of which I pursued the woman prisoner, and stopped her in Camomile-street, and took a piece of print from her, which she had under her cloak; there was a a man with her, who appeared to be assisting her. I brought them both back to my shop, and gave charge of them; she was dragging the print on the ground, he picked up the print and gave it her.

Q. Where was the print in your shop. - A. It was fixed on an iron just withinside of the door.

MARY MEARS sworn. I am a warper; I was coming down Bishopsgate-street, I see the woman come round from Mr. Moore's shop, I did not see her come out, I saw something dragging on the ground, I thought it was her gown at first, till I saw about four yards of it, I then saw the man run after her, and put it under her cloak.

Q. Had you seen them in company before. - A. No, I told the gentleman I thought they had stole it; Mr. Moore ran after her, and took them.

THOMAS SAPWELL sworn. I am an officer, I produce the property.

(The property identified by the prosecutor.)

Murray's Defence. Me and my husband went out to buy two pair of shoes and some meat; we bought them and was coming home; my husband met a man, and stopped behind to speak to him, I walked on slowly, I knew he would soon come up, as I went on I saw this piece of cotton on the ground, I picked it up, this woman says half of that is mine, I says you have no right to that, you did not pick it up; she says if you do not let me have half, I will make you sorry for it; I said you may make me sorry for it if you like, if I knew the owner of it he should have it; when my husband came up I had it in my hands, I told him I had picked the cotton up off the curb stones, and that woman wanted half, he said if you picked it up off the curb stones it is your own, he said he wished he knew who it belonged to; I staid on the curb stone about a quarter of an hour; the gentleman came up, tapped me on the shoulder, and said you must come back, you have got something belonging to me; I went back with him into the shop, and laid my shoes, meat, and the print on the counter; he says have you been stealing these shoes and the meat too; I said neither, I was taken into the kitchen, the constable stripped me naked to my shift, he found nothing on me but the key of my door, and the ticket of my own counterpane. When the gentleman brought me into the shop he seemed confused, he asked whether it was sold, and if I did not pay for it, he said I should suffer.

Gardner's Defence. I had been out along with my wife, I met an acquaintance of mine, I stood talking to him at the corner of Camomile-street a quarter of an hour or better, I overtook my wife in Camomile-street, she shewed me that piece of print, she said she had picked it up, I told her it was then certainly her own, and she had no right to give half of it away; when Mr. Moore overtook us, we returned back with him, I told him if it was his piece of print there it was for him; Mr. Moore told me that I had nothing to do with it, I might go about my business; I stopped a little time in the shop, and when the officer came he took me in custody.

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

BOTH - NOT GUILTY .

London Jury, before Mr. Recorder.

Reference Number: t18060219-43

170. ANN BARTON was indicted for feloniously stealing on the eighth of February , a counterpane, value 2 s. and a table-cloth, value 1 s. the property of Thomas Allen .

ELIZABETH ALLEN sworn. My husband's name is Thomas Allen , he is a soldier , I live at No. 5. Paradise-street ; I lost a counterpane and tablecloth, I can only speak to the property.

ANN COOK sworn. On the 8th of February, near one o'clock in the day, I was standing at my parlour window, I saw the prisoner look to and fro, and then she walked into the yard, the gown and table-cloth hung on a line in the yard, she unpinned them, and then left the yard without taking any thing; in about two minutes she returned back again into the yard; the first thing that she took out was the table-cloth, which she put into the front of her gown, she then knocked at the street-door, I supposed the street-door to be opened, by a boy that I saw come out: she went into the passage again, took the counterpane from the line, and in the passage she put it into her gown, upon which she came out and went towards Pye-street; I instantly gave the alarm to the prosecutrix, and then I followed her to her lodgings, where she went, and after denying it strongly a great while, she offered them to me; an officer was sent for, to whom she delivered the things.

HENRY BATES sworn. I belong to Marylebone-watchhouse. About one o'clock on the 8th of this month, I was sent for to take the prisoner into custody in her lodging room; when I opened the door the counterpane and table-cloth were laying behind the door upon a chair; I informed her what I was come for, she replied, there it lies, this is all I took; I took the prisoner to Marylebone watchhouse, I produce the property.

Prosecutrix. It is my counterpane and tablecloth.

Prisoner's Defence. I did it through distress.

GUILTY , aged 17.

Confined Six Months in the House of Correction , and fined One Shilling .

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-44

171. THOMAS CRUMPTON was indicted for feloniously stealing on the 6th of February , twenty-seven pieces of copper, value 18 s. six pieces of metal, value 5 s. a pair of small shears, value 5 s. a screw wrench, value 5 s. a pair of gallopers, value 2 s. a screw-driver, value 1 s. a chisel, value 1 s. 6 d. a tap, value 1 s. 6 d. a candlestick and stand, value 2 s. 6 d. and three pieces of metal, value 4 s. the property of John Braithwaite .

JOHN WILLIAMS sworn. I am clerk to Mr. Braithwaite, engine-maker , New Road, Fitzroy-square . On the evening of the 6th of February, Charles Lee , foreman to Mr. Braithwaite, informed me that he had missed two metal bushes (a term used in the trade for that article); I instantly ran after Crumpton (the prisoner worked for Mr. Braithwaite), I stopped him and brought him back, he threw something down Mr. Braithwaite's area, I did not see what it was, I took him in the gateway, while I was locking the gate to prevent his escaping, he threw two more pieces away in the yard; I went to Keene the constable; and told him the circumstance, and he searched his house; we found there a great deal of metals and tools.

CHARLES LEE sworn. Hearing that Mr. Braithwaite had been robbed, I took particular notice of two pieces of metal laying on the prisoner's bench; I saw these two pieces of metal laying there, before seven o'clock at night.

Q. When did you miss them. - A. A few minutes after seven, I went to the place and found they were gone.

Q. Did you afterwards search the yard and the area. - A. I found one piece of metal in the yard, and one piece in the area.

Q. Were they the pieces of metal that you missed. - A. No; I believe they belong to the prosecutor, I will not swear it.

Q. Do you know any thing about the small shears. - A. No, the candlestick I know that was found at his house on the same evening,

Q. It could not be taken on that day. - A. I cannot say.

Q. Was the metal that was missing the same that you found. - A. One piece I believe to be the same, I did not pick it up.

- WILLIAMS sworn. I picked up one piece of metal bush.

Q. What is the use of a metal bush. - A. It is used to part of a pump.

WILLIAM KEENE sworn. Q. Did you search the prisoner's house. - A. Yes, and found a candlestick, I produce it and the metal; the major part of them was found in a chest of drawers down stairs.

Q.(to Lee) Is that your master's candlestick. - A. Yes, I can swear to it by the rod being broke, I broke it myself: I can swear to this metal joint screw that goes to a pump.

Prisoner's Defence. May it please your lordships, and gentlemen of the jury; I am a poor young man slow of speech and much confused: I think you will suffer this to be read as my defence, I have lived with the prosecutor two years; the tools as is usual in the trade, were taken only to be used at my own home on private concerns, which I believe every journeyman usually does, the brass is my own, and though it has been admitted that it belongs to the prosecutor, yet there is no marks to distinguish it from others; the patterns are similar at various engineers, and however at first sight and the pattern may correspond, I submit that they are one and the same only. My master is a good man, it is his servants that are against me, I do not wish to speak against them, but they may be mistaken; I have three children and a wife now pregnant, and I am their only support; I shall not be able to provide for them if the sentence is against me; I throw myself upon you lordship's mercy and the jury, I pray god to appear for me at this awful moment; the witnesses at the back of the bill promised to forgive me if I could discover any person taking any property from the prosecutor; I in consequence told them of two, and though he never noticed them, he has acted strange against me.

GUILTY, aged 27.

Of stealing the candlestick and the screw only .

Confined Twelve Months in the House of Correction, and fined One Shilling .

First Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18060219-45

172. MARY NEWBURY was indicted for feloniously stealing on the 14th of April , a metal watch, value 20 s. a gown value 8 s. and a silk handkerchief, value 3 s , the property of John Fox.

JANE FOX sworn. My husband's name is John Fox , I live at No. 6, Turk's-head yard, Glass-house-yard, Clerkenwell .

Q. Was the prisoner employed by you at any time. - A. Very often as a chair woman .

Q. Did you at any time miss any of your property. - A. About ten months ago I missed the watch out of a chest of drawers.

Q. Did she ever used to be left in your apartments in the absence of you and your husband. - A. Yes, always left in the care of my place.

Q. Did you at any time miss a gown. - A. Yes, at the latter end of August; I did not miss the silk handkerchief till it was found.

JOHN FOX sworn. I am a coachman ; I missed my watch out of a drawer in a chest of drawers, rather better than ten months ago, as nigh as I can guess; I found the watch by her information in the hands of one Mr. Banfield, I saw it in his hands last Monday, a fortnight to night; the officer has it now.

JOEL BANFIELD sworn. I am a furniture broker.

Q. Do you know any thing about a watch that that man speaks off. - A. Yes, I bought a duplicate of a watch of Mrs. Green, it was pawned at Mr. Bentley's in the London-Road.

Q. When did you buy it. - A. I think it is about four or five months ago.

Q. Is the pawnbroker here. - A. I believe not.

Q. Do you know any thing of the prisoner. - A. I know nothing of the woman.

THOMAS WHITE sworn. I am an officer of Hatton Garden.

Q. Have you the watch. - A. Yes, I asked him if he had a watch of that description, he gave it me instantly; when the prisoner was given into my charge she confessed.

Q. Did you say any thing to her to induce her to confess. - A. I did not; I do not know what the other witness said to her before Mrs. Peircy; I produce the watch.

SARAH PEIRCY sworn. Q. Had you made her any promise. - A. I did not.

Q. Did you threaten her at all, or tell her it would be better for her if she confessed. - A. I did not; her mother lodges with me; after she had her hearing at Hatton-Garden, I went back to her in prison, she spoke first to me about the things, she said if she thought she should get clear, she would tell me all about it; I went with her to the different pawnbrokers, where she told me she had pledged them; she said that she and Mrs. Green went together to pledge them, and that Mrs. Green had the duplicate of the watch, and that she had sold it to Mr. Banfield in Surrey Road, where I found him; she told me that Mrs. Green came to her after she had her hearing, and told her if she would keep her own counsel she would give her a shilling and find her a home.

Q.(to prosecutor) Is that your watch. - A. I can swear to it, I know the maker's name and the number.

Prisoner's Defence. Mr. Fox promised me if I would own to these things he would forgive me.

Q.(to prosecutor) Did you make any promise when you were at Hatton-Garden, or before she was taken in custody. - A. I told her I thought she was the person that took my things, if she would tell me where they were I would not mind taking them out.

Q. Did you promise her any thing. - A. I did not say I would prosecute.

Q. Did you promise her any favour. - A. I promised I would think no more about it, if she would tell me; it was before she was in custody.

JAMES MAURIT . I produce a gown pawned on the 3d of August, I do not know who pawned it.

Court. We have no evidence against the prisoner but what she herself has said; it turns out from the examination of the prosecutor, that what she said was after she had the promise of proceeding no further, which is the same as if they had promised they would not prosecute; it appears though she gave this full account, she was induced to do it by that promise, though perhaps we may not have any reasonable doubt; the law is, we cannot hear what she said; where there were held out hopes of forgiveness, or whether she was frightened, we must adhere to the rule of law, independent of that.

NOT GUILTY .

First Middlesex Jury, before Mr. Justice Le Blanc.

Reference Number: t18060219-46

175. WILLIAM SHALLIS was indicted for feloniously stealing on the 10th of February , a waistcoat, value 4 s. and three books, value 2 s. the property of Thomas Fuller .

THOMAS FULLER sworn. I live at No. 1, King's Head Yard, Lincoln's Inn Fields.

Q. Did you at any time lose a waistcoat. - A. I lost a waistcoat about two or three months ago at the shop where I work; finding it too warm for me I pulled it off, and put it on a chest. On missing the waistcoat from off the chest, I made enquiry about it; the prisoner at the bar told me that there was a man in the shop that had a large family, very likely he had took it to make use of for his family.

Q. Did the prisoner work in the same shop. - A. He did.

Q. Did you ever find your waistcoat again. - A. Yes, the prisoner told me that the duplicate of the waistcoat was in the till behind the chest; on the 19th of February, when he was at the Brown Bear , I told him if he would get every thing again, nothing would be said in it; the duplicate was found in his chest on the 10th of February, I saw it found.

EDWARD SWAINE sworn. On the 4th of December I took in the waistcoat of Frances White for four shillings, I produce it.

Prosecutor. I can swear to the waistcoat by the make, and the pearl buttons, and likewise here is a piece of the same pattern I had left.

Cross-examined by Mr. Knapp.

Q. Is there any mark that you know it by. - A. No.

Q. How long have you been of opinion that this is your own waistcoat. - A. As soon as I saw it.

Q. Upon your oath have not you this morning said that you could not swear to it. - A. No, to nobody.

Q. If I should mention any person's name to whom you said it, you will recollect it. - A. No.

Q. Did not you say so to a person of the name of Stafford. - A. No.

Q. Not this morning. - A. No, nor any other person, I am quite sure of that.

FRANCES WHITE sworn. I am a washerwoman, I wash for the prisoner and the prosecutor.

Q. Did you ever at any time take that waistcoat to pawn for the prisoner. - A. I cannot say, because I was in the habit of pledging for them both; and whether the prisoner or the prosecutor gave me that waistcoat to pledge, I could not say if I was to die for it.

Q. Did you always deliver the duplicate to the person to whom you pledged it for. - A. Always, they desired me to pledge them in my own name, as they would get me to take them out.

Cross-examined by Mr. Knapp.

Q. I suppose you had pledged waistcoats for each of them before. - A. Yes, all kind of wearing apparel; I pledged for them both in my own name by their direction. I never heard the prosecutor say he missed a waistcoat, it is nothing but malice.

Q. Whether the prosecutor has been asked to look at that waistcoat, and whether he did not say that he could not swear to it. - A. Yes, I was present, and my husband, Mr. Stafford, and Mr. Townshend at the time.

Q. Are there more persons in court now who heard it as well as you. - A. Yes, and ready to come forward.

The prisoner left his defence to his counsel, called two witnesses, who gave him a good character.

NOT GUILTY .

First Middlesex Jury, before Mr. Baron Sutton .

Reference Number: t18060219-47

176. WILLIAM SHALLIS was again indicted for feloniously stealing on the 10th of February , a waistcoat, value 4 s. three books, value 4 s. and two handkerchiefs, value 2 s. the property of Thomas Fuller .

FRANCES-WHITE sworn. Examined by Mr. Gurney. A. Were you present at the time the prosecutor was asked whether he could swear to that waistcoat. - A. He said there was no particular mark to it that he could swear to it.

Q. He doubted whether it was his waistcoat or not. - A. Yes.

NOT GUILTY .

First Middlesex Jury, before Mr. Baron Sutton .

Reference Number: t18060219-48

177. JOHN BALDWIN , JOSEPH ONEY , and WILLIAM CARR , were indicted for feloniously stealing on the 16th of January , two quarts of oats, value 9 d. two quarts of beans, value 9 d. and two quarts of chaff, value 2 d. the property of Thomas Fagg .

Second Count for like offence, only stating it to be mixed together.

The case was stated by Mr. Gurney.

JOHN MILLER sworn. Examined by Mr. Gurney. I am clerk to Mr. Fagg.

Q. Has Mr. Fagg any stables in George Yard, Leather-lane . - A. Yes, where his mail coach horses stand.

Q. Was Carr a servant to Mr. Fagg. - A. Yes, he had the care of the mail-coach horses in that stable.

Q. Had he likewise the care of the corn for the consumption of those horses. - A. He had.

Q. What is Baldwin. - A. A bricklayer ; he lives in Dorrington street, Leather lane, about an hundred yards from the stable. Oney is Baldwin's man.

Q. On Thursday the 16th of January did you go to Leather lane. - A. Yes, at six o'clock in the morning, and fixed myself at a spot which commanded the whole view of the gates of George Yard; I had not been there ten minutes, before I saw Oney come knocking at the gates in George Yard, and called, Will, it is past six o'clock; then he immediately went towards his master's house, and returned from there with his master with a candle and lanthorn to George Yard; the gates were opened almost immediately after Oney and Baldwin came, by Carr the prisoner; Baldwin; and Oney, went into Baldwin's stable, and Carr went into Baldwin's stable for a light.

Q. How soon did Carr come out of Baldwin's stable. - A. He came out immediately with a light, and went to the corn bin on Mr. Fagg's premises; I was then standing in George Yard, where a hackney coach was standing, I could command a view of the corn bin.

Q. When Carr came out with a light he went to Mr. Fagg's corn bin, what did he do. - A. He filled a nose bag full of Mr. Fagg's oats, beans, and chaff; he returned from thence through the stable to Baldwyn's stable; I was following of him at the same time.

Q. Did you see where he got that nose bag from. A. I did not.

Q. How close did you follow him. - A. As close as convenient, he did not see me, he went into Baldwin's stable, I went in after him, I saw him give it into the hands of Baldwin, I got hold of Baldwin's collar, I looked at Carr, I said, you villain, I have detected you; Baldwin said, as near as I can recollect, I beg you will forgive me, consider my wife and family, I told him he had sufficient warning before, as I had detected him I must do my duty and inform Mr. Fagg.

Q. You brought away the bag with the corn in it. - A. Yes.

Q. How much did the bag contain. - A. The bag was full, it contained near half a bushel.

Q. How soon afterwards was Baldwin and Oney taken into custody. - A. Oney was taken into custody about an hour afterwards, Baldwin was taken into custody at the time, Carr was taken on the Sunday following; I let Oney go to his own house, and I went with him.

Q. What became of Carr. - A. I do not know; there was a reward offered for him; in a day or two afterwards he was taken.

Cross-examined by Mr. Knapp.

Q. Mr. Fagg is a large proprietor of mail coaches, he employs a vast number of horses. - A. Yes.

Q. Who is concerned with him in the business. - A. Different proprietors.

Q. These oats, beans, and chaff, are the property of the different proprietors. - A. No, they are his own property.

Mr. Gurney. To whom did you deliver it to. - A. To Mr. Fagg; it was afterwards delivered to the officer.

JONATHAN TROTT sworn. Examined by Mr. Gurney. Was that bag delivered to you at the office.

- A. Yes, it has been in my custody ever since, I produce it.

THOMAS FAGG sworn. Examined by Mr. Gurney. Is the corn that we have been speaking of your property. - Q. It is my sole property; the mixture is old beans and new beans, and particular old oats, I have not the least doubt of its being my property.

Cross-examined by Mr. Knapp.

Q. It is a mixture of beans, oats, and chaff, there is no distinct marks of the beans belonging to you or any other person. - A. I cannot say there is; it is my own property, I have no partner whatever.

Mr. Gurney. What is the value of it. - A. Eighteen-pence or twenty-pence.

Baldwin left his defence to his counsel; called five witnesses, who gave him a good character.

The prisoners, Oney and Carr said nothing in their defence, nor called any witness to character.

BALDWIN - GUILTY , aged 40.

Transported for Seven Years .

ONEY - GUILTY , aged 28.

CARR - GUILTY , aged 23.

Confined Six Months in the House of Correction , and fined One Shilling .

First Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18060219-49

178. MARY SMITH was indicted for feloniously stealing on the 8th of February , four shirts, value 16 s. the property of George Bing .

Second Count for like offence, only stating it to be the property of Benjamin Martin .

FRANCES BING sworn. My husband's name is George Bing .

Q. Does any body live in your house. - A. Mrs. Eldridge.

Q. Do you recollect going up at any time into Mrs. Eldridge's room. - A. Yes, on the 8th of February; I staid there about ten minutes, I recollected myself, I was not certain whether the lock of the street door was fastened; I went down and found the street door standing open, I saw the prisoner coming from behind the door with something in her lap; she had four shirts in her lap; I caught hold of her; having a child in my arms, I let the shirts fall.

Q. Whose shirts were they. - A. Two was my brother's, Benjamin Martin , and two were my husband's.

Q. Where had you left these shirts when you went up to Mrs. Eldridge's room. - A. I left them in my own room, on the side of the bedstead; I detained the prisoner till we got an officer.

MARY ELDRIDGE sworn. On hearing the last witness call out I went down stairs; Mrs. Bing had got hold of the witness by the collar of her coat, I saw the bundle lay at the prisoner's feet, I went out directly, and detained a person that was passing by till such time a constable was fetched.

Q. Did you hear any thing pass between Mrs. Bing and the prisoner. - A.Mrs. Bing told the prisoner that she had robbed her; the prisoner made answer that she knew she had.

(The shirts produced, and identified by the prosecutor).

The prisoner said nothing in her defence, nor called any witness to character.

GUILTY , aged 38.

Confined One Month in Newgate , and fined One Shilling .

First Middlesex Jury, before Mr. Justice Le Blanc.

Reference Number: t18060219-50

179. HENRY PAXMAN was indicted for feloniously stealing on the 4th of January , twenty-one pieces of lignum vitae wood, value 4 l. the property of Graverley William Seaborne .

The case was stated by Mr. Pooley.

GRAVERLEY WILLIAM SEABORNE sworn. Examined by Mr. Pooley. You live at Ratcliffe . - A. Yes, I am a block and mast maker .

Q. Did you in January last lose any lignum vitae wood. - A. I did, a vast quantity.

Q. Paxman was a sawyer. - A. He was a foreman sawyer .

Q. How long had he been working on your premises. - A. Eleven days, he had frequently worked for me before that.

Q. In what part of your premises was the wood that was lost. - A. In the loft, where there was a great quantity of it.

Q. Had Paxman access to that lost, could he go there. - A. He could.

Q. Did you afterwards find any of the wood that you had lost at the house of one Mr. Neale. - A. Yes, I found eleven pieces.

Q. Was that wood that you found at Mr. Neale's part of your wood that you had lost: - A. It is part of it, it corresponds exactly with what I had at home.

Q. You are sure you had not sold any of that wood. - A. I am positive clear that I had not sold any of that wood.

Jury. Can you swear to all you have in your hand. - A. Yes.

Mr. Pooley. Did you go to Neale's yourself. - A. Yes, I found them there.

Q. What is the value of them. - A. About four pounds; I am sure they are mine, I have not brought them all up with me, they are only part of what I found.

Q. Paxman was not with you when you found them. - A. No.

JOSEPH ELLIOT sworn. Examined by Mr. Pooley.

Q. You are the apprentice of Mr. Seaborne. - A. Yes.

Q. Do you know any thing of the wood. - A. I know it was on my master's premises three months ago, they were in the loft, I know them by taking and cutting them.

Count. You are young in the business, what is your reason for saying they were on your master's premises. - Q. I know them very well, I can swear to them.

REBECCA NEALE sworn. Examined by Mr. Pooley. Your husband is a block maker. - A. Yes, he lives in Ratcliffe.

Q. In the month of January last did the prisoner Paxman come to your husband's house in his absence, did he bring any thing with him. - A. Yes he brought two or three pieces of lignum vitae wood, I told him to put it down till my husband came; home at night.

Q. Did your husband see it when he came home at night, in the place where Paxman put it. - A. Yes.

Q. What part of the house did he put it in. - A. At the foot of the stairs in the passage, there it remained till my husband came home.

Q. Did you pay. Paxman for it. - A. No I desired him to call at night for the money.

THOMAS NEALE sworn. Examined by Mr. Pooley.

Q. You are the husband of the last witness. - A. I am.

Q. Did you at any time see any lignum vitae wood that had been left at your house. - A. I did when he came to me in the evening of the same day, he informed me what wood he had left in my yard when I was on board of a ship.

Q. Did you afterwards converse with him about the wood that he had left. - A. I did; he came to my house and sat down, and when I saw such a quantity of wood had been brought in my house in my absence, I said to him, Mr. Paxman here you are now sitting in the presence of me and my wife and family, excuse me, is this wood honestly come by, if it is not take it from me; I am a young beginner in business, I would not have it said that Neale bought stolen wood for my right hand; he said he well knew the consequence of it, he had attended at a trial of that kind, he assured me it was not stolen.

Q. Did you and he afterwards agree. - A. We did; I gave him fourteen shillings a hundred for it rotton and found; this is a piece he brought in his pocket, when Mr. Seaborne and Wood searched my premises they turned every bit of wood over, I told them they were very welcome to take what was their own.

Q. Mr. Seaborne looked over the wood and challenged it to be his property. - A. Yes, and he refused others which he left.

Q. Is any of that wood that is produced the wood that was claimed by Mr. Seaborne. - A. Yes, there were several, he said this piece was kicked about his loft a great while.

Q. That is the wood you bought of Paxman. - A. Yes, every ounce of it.

JAMES PERRY sworn. Examined by Mr. Pooley. I went with Mr. Seaborne and searched Mr. Neale's premises, and took ten pieces away, this is part of it, Mr. Seaborne selected it out as his property.

BENJAMIN WHITE sworn. Examined by Mr. Pooley. Q. You are an headborough. - A. Yes,

Q. Do you recollect when Paxman was apprehended. - A. Yes.

Q. On the night before Paxman was apprehended, did you have any conversation with him about this wood. - A. Yes; he asked me if I could be of any use to him, he said he was in a great deal of trouble, he hoped I would help him out, I told him I would be of use to him as far as lay in my power; I asked him where the wood was taken from, he said from Mr. Seaborne's platform; I told him, certainly he must suppose the property must be Mr. Seaborne's; he said there were bigger rogues there than he was and sooner than he would split; he would have his hands cut off.

JOHN BASSET sworn. Examined Mr. Pooley. Q. You are a journeyman sawyer to Paxman. - A. I was.

Q. Do you know any thing of his taking any lignum vitae wood from the loft. - A. I saw him fetch these three pieces from the loft stairs, he put them into some sacks, he asked me if I was going home to breakfast, and would I carry some of it for him, I said I did not care, he said it was some wood he had bought of a man, he was going to sell it to a person; I took one of the sacks (as he asked me, and I was going home to my breakfast) to Spring-street, when we came there he told me to put it down and go to breakfast.

Prisoner's Defence. Three pieces of wood Basset carried along with some chips when Mr. Seaborne cleared the loft, he carried that wood up to my house along with the chips that I bought of Mr. Seaborne, he had part of the money, I never defrauded him of a halfpenny of the money, there was some people saw me pay him the money.

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

GUILTY , aged 40.

Transported for Seven Years .

First Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18060219-51

180. MARY BAKER , alias MARY GOULDING , was indicted for feloniously stealing on the 29th of January , a copper coal scuttle, value 27 s. the property of William James Cooper .

The case was stated by Mr. Alley.

JOSEPH HARDING sworn. Examined by Mr. Alley. I belong to the Thames police office; on the 29th of January, about nine o'clock in the evening, I met the prisoner in Nightingale Lane with a coal scuttle concealed under her apron. I asked her what she had got, she told me a coal scuttle, that her master sent her for it; she told me where she was going to carry it: going along with her she turned up an inn, about a quarter of a mile from the place, then she said that a man had given it to her to carry; I took her in custody, and brought her to the police office; the next day the owner was found Mr. Cooper.

WILLIAM COOPER sworn. Examined Mr. Alley. Q. Look at that coal scuttle, and tell me whether you lost it. - A. I lost it sometime on the 29th, I had it on that day, in the house, it was standing on my counter in the shop, I have no doubt but it is mine.

Prisoner's Defence. I had just left off work, I met a gentleman, he asked me if I would carry the coal scuttle for him.

GUILTY , aged 22.

Confined Twelve Months in the House of Correction , and fined One Shilling .

First Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18060219-52

181. JAMES PARKER was indicted for feloniously stealing on the 17th of January , a jacket value 6 s. the property of William Ingle .

WILLIAM INGLE sworn. I keep a sale shop in Shoreditch .

Q. Do you remember seeing the prisoner before your shop on the day of the robbery. - A. Yes, on the 17th of January I saw him a little while before the robbery about the door, he had another boy with him rather less then himself they were walking before the door, I had not any suspicions of what they were about, they both of them came a little way in

the shop, and I think this is the one that stole the jacket; they both attempted to take it, it was hanging up withinside of the shop, and they pulled it down.

Q. How high did the jacket hang. - A. Nearly out of his reach.

Q. How did they get it down. - A. By pulling it down with force; they succeeded in pulling it down; the moment it was down they run away with the jacket, I pursued them, and within three doors of my house I took them both; I then not seeing the jacket, undid the blue wrapper the prisoner had got on, he had the jacket concealed under it.

Q. Was that your jacket. - A. It was, I then brought him back, and sent for an officer, and gave charge of him.

- sworn. I am an officer, I took charge of this boy in Mr. Ingle's shop, this is the jacket, I wrote my name upon it directly.

Prisoner's Defence. I was going along, I saw a boy go into the shop, I thought he was an apprentice there; that boy came out with something under his arm, he chucked it down, and I picked it up.

GUILTY, aged 11.

Judgment respited .

First Middlesex Jury, before Mr. Justice Le Blanc.

Reference Number: t18060219-53

182. PATRICK CARR was indicted for feloniously stealing on the 16th of January , four plates of glass, value 3 s. 4 d. the property of Thomas Quinton , James Callender , Isaac Parry , and William Scott .

JOHN STAMFORD sworn. I live in the service of Messrs. Quinton and Co. London Glass Works, East Smithfield .

Q. Do you know the prisoner at the bar. - A. Yes; he was in the employ of Messrs. Quinton and Co. he was a plate-glass polisher ; on the 16th of January in the evening, he came to me for work, I gave him a pair of glasses to polish; after I had given them to him, he said to me, you have given me small work all the week; he went as far off as the stairs, and then he returned again; he says again, you always give me small work, he went away as I thought; not perceiving him go down stairs, as I was busy writing at my desk, I looked and saw his head stooping down at the end of the table, upon which there was a pile of glass in a finished state; he took up these four squares of glass now in my hand, he went part of the way down stairs with them, I pursued him, I says to him what have you got in your hand, he said nothing at all, I said let me see; I took these four plates of glass from him, I said go along, you old villain, are not you ashamed of yourself. I reported it to the foreman, and kept the glass in my possession; these are the squares of glass, they are the property of Messrs. Quinton and Co. they are a peculiar species of glass, made for the royal navy.

Prisoner's Defence. I took them out of a mistake.

Q.(to Stamford) When you took this glass from the prisoner, did he say he took it up by mistake. - A. No, he said he had nothing, when I said what have you got.

Q. You are sure that was not the glass that was given him. - A. No.

Jury. Did they lay near where these lay. - A. No, quite in another place.

GUILTY , aged 62.

Confined Twelve Months in the House of Correction .

First Middlesex Jury, before Mr. Baron Sutton .

Reference Number: t18060219-54

183. SOPHIA CAPON was indicted for feloniously stealing on the 22d of January , two pillowcases, value 4 s. two pillow cases, value 1 s. a sheet, value 7 s. and a blanket, value 2 s. the property of George Greaves , in a lodging room .

GEORGE GREAVES sworn. I live at No. 4, Cow-heel-alley, White-Cross-street .

Q. Did you let out a furnished lodging to the prisoner. - A. Yes, she had lodged with me three weeks before I missed the property; on the 22nd of January I found I had lost it.

Q. Had she absconded from her lodgings. - A. Yes, she had been gone two nights and two days; I found her at No. 3, Chequer-alley, Bunhill-row; she hid herself in a cupboard when I first went in the house; she said the best of the things were made away with by a woman that lodged with her, and she was not able to get them back again; I do not believe the prisoner did pawn them; the other woman said she would be half towards getting them out again.

Q. Where was the duplicates found. - A. In the prisoner's pocket.

NOT GUILTY .

First Middlesex Jury, before Mr. Justice Heath.

Reference Number: t18060219-55

184. JAMES BRITTEN and THOMAS TAYLOR were indicted for burglariously breaking and entering the dwelling house of James Purcell , about the hour of eleven o'clock at night, and burglariously stealing therein, seventeen ox tongues, value 1 l. 14 s. thirteen pigs' jaws, value 1 l. 12 s. nine cheeses, value 3 l. eleven pound weight of tea, value 3 l. 10 s. fifty-six pound weight of sugar, value 3 l. two hundred and forty penny pieces, one thousand, five hundred, and forty-three halfpence, and four hundred and thirty-five farthings , the property of James Purcell .

JAMES PURCELL sworn. I live at No. 8, Bembridge-street, St. Giles's , I keep a chandler's shop and provision warehouse .

Q. Was any part of your premises robbed at any time. - A. On the night of the 5th of this month.

Q. What time did you go to bed. - Q. Between ten and eleven o'clock, I was the last up in the family.

Q. Was your house safe fastened. - A. Yes, I fastened it safe.

Q. Was you alarmed in the course of that night. A. Yes, at the hour of twelve o'clock; when the watchman came round he alarmed me.

Q. Did you get up, and go down stairs. - A. I got up out of my parlour, and went to the watchman, and saw two of my middle shutters were forced down, two squares of glass were broken, and part of the sash that divided the two squares of glass was cut away.

Q. They were all safe when you went to bed. - A. Yes.

Q. What did you miss. - A. Seventeen ox tongues,

thirteen pig's jaws, eight single Gloucester cheeses, and one Cheshire cheese, eleven pound of green tea, and copper to the amount of seventeen pounds in penny pieces, half-pence, and farthings.

Q. Did you find any of your property yourself. - A. After the watchman had alarmed me, I got up and dressed myself; at a little after one o'clock he found one of these men.

Q. Did the watchman bring any thing to you. - A. Soon afterwards I went to St. Giles' watch-house, and saw Thomas Taylor in custody.

Q. Did you see any of your property at the watch-house at that time. - A. A pig's jaw, and some copper, in which there were two halfpence I knew very well.

Q. Did you know the prisoners before. - A. Yes, both of them.

Q. Did they live with you ever. - A. Yes, Britten did, and Taylor now and then come to pay him a visit.

Q. Britten was a lodger. - A. Yes.

Q. Britten did not lodge in your house with any body. - A. Yes, he lodged there about three weeks.

Q. Had he quitted your house before this happened. - A. On the very same day of the night that I was robbed, he went out, and did not come back till the following morning.

Q. He had gone out that day, and was not at home when this happened. - A. He was not.

Cross-examined by Mr. Knapp.

Q. Taylor had never lodged in your house. - A. He never paid me any money.

Mr. Bolland. Britten I understand lodged with you three weeks. - A. Yes, he left me the very same day of the night I was robbed.

Q. Did not he come the very next morning to his lodgings. - A. He came the next day, and wanted to go up stairs for a pair of shoes, my wife suspected him, he was given in charge of the constable.

RICHARD WILLIAMS sworn. I am a watchman; as I was going my rounds, I saw two of the shutters down, and two panes of glass broke, I alarmed Mr. Purcell directly, he got up then; some time after I went into my box, and just as I was after crying the hour of between one and two o'clock, I saw three men come by, they went into a court just by my box.

Q. Do you know the name of the court. - A. John's-court ; they stopped talking awhile, I took my lanthorn down, and put it under my coat, there was two of them turned one way, and this man that I took turned another way.

Q. Which of the prisoners was that. - A. Taylor; he was one of the three, I took him with some of the property on him; he had something in his hand, I asked him what he had got, he said it is nothing to you, it does not belong to you; I says no, I dare say it belongs to Mr. Purcell; he immediately put his hand into his pocket, and drew a knife, the other watchman told me to be careful, he had a knife; I took the knife out of his hand; the other watchman and I searched him, and took the copper out of his pocket, and took the pig's jaw from him, which he had in his leather apron.

Q. What amount of copper. - A. About nine shillings was in his pocket, or better than nine shillings of copper.

Q. Did Purcell afterwards come to the watch-house. - A. Yes.

Q. He was shewed the copper and the pig's jaw you had taken. - A. Yes.

Q. You did not know the other two that went away. - A. No.

Q. Who has the copper and the pig's jaw. - A. The constable had them.

Cross-examined by Mr. Knapp.

Q. You had put your light under your coat. - A. Yes.

Q. You did not catch much from that, you had never seen Taylor before. - A. Never to my recollection.

JOHN CLOTHIER sworn. I was a constable of the night, I produce seven farthings, eight penny-pieces, and eight shillings, and seven-pence halfpenny in halfpence, they were taken from the prisoner Taylor's pocket, I saw them taken by the watchmen; here is the pig's jaw, it was taken from Taylor's leather apron.

Q.(to prosecutor) Look at that pig's jaw, is there any thing that you know it from any other pig's jaw. - A. I went to the salesman at Covent Garden, and bought thirteen pig's jaws; I took notice of one of the tongues having a piece cut off, I told the constable before the leather apron was opened, that there was one of that description, the top of the tongue cut off, that was the only one that was so, and I told him that there was some of the hair on it before it was opened.

Q. That is so. - A. Yes, here is two old halfpence, one is hammered something hollow, the other is marked with a chisel; a poor woman came into me for a halfpenny worth of bread, she gave me one of them, I refused it, she then gave me the other, and said, keep them both, and when I come round again. I will give you a good halfpenny; the woman never came near me; at the time I was counting the money to send them to the tallow-chandler, I threw them off the shelf, and counted them in; these are the same two halfpence.

Q. Will you undertake to say they were among your halfpence when your house was robbed. - A. Yes, they remained in a large drawer under the counter in the shop.

Mr. Knapp. How long before had you counted them. - A. From eight to nine o'clock that very evening; between the hours of eight and nine o'clock I counted them over.

CHRISTOPHER JONES sworn. From information; I and Blackman went to John's-court, where we found three cheeses in a stable, and a quantity of tea, I suppose about two pound.

Q. Was the stable open. - A. Yes, they were under the dung, the tea was in paper, and some of the tea was under the dung.

Q. The cheese and tea was covered over with dung. - A. Yes.

MICHAEL LEARY sworn. The prisoner Britten came into Mr. Purcell's house with a key, Mr. Purcell gave me charge of him, I took him to the watch-house, and from that to Bow-street, we went to look for the cheese and tea.

Q. Who went with you. - A. Jones and Blackman;

we found the cheese and tea in the stable, we went there from the information of Daniel Murphy.

DANIEL MURPHY sworn. James Britten and I were at the White-horse, Short's-Garden the same night about ten o'clock.

Q. Who else was with you. - A. There was nobody but Britten and me together, as we were coming along we saw Thomas Taylor at Mr. Purcell's house.

Q. What was he doing at Mr. Purcel's house. - A. He was waiting there for some more of the party.

Q. Had you ever seen Taylor before. - A. No, I never saw him before.

Q. Did you know that he was waiting at the house. - A. No, he told us to stop, as I and Britten were walking.

Q. Did you stop. - A. We did, at the opposite side of the way.

Q. What, you and Britten. - A. Yes, nobody but James Britten and me, he came and told James Britten to go to the shutter, and take it down; James Britten went to the shutter and took it down.

Q. How did he take it down. - A. I cannot tell I am sure how he took it down.

Q. How near was you to him when he took it down. - A. I was at a good distance in the street.

Q. Who was with Britten when he took the shutter down. - A. The rest of the party, Bill Townshend , Bill Scarrin and Jerry Raggen .

Q. Where was Taylor at the time that Britten took the shutter down. - A. After Britten took the shutter down, James Taylor came and took the glass out; after he had taken the glass out he went and took some tea and sugar out and four cheeses.

Q. Did he go in. - A. He did not, we put them in the stable.

Q. Who put them in the stable. - A. I did myself.

Q. Who did he give the other cheeses to. - A. The other party.

Q. Did he give any to you. - A. He did.

Q. Who else. - A. Bill Scarrin , Bill Townshend and Jerry Raggen .

Q. Whose stable was it. - A. Mrs. Mac Carty 's.

Q. How came that stable to be open. - A. I cannot tell I am sure.

Q. When you had put them there, what then. - A. Britten and I parted from the other party, I parted from them at twelve o'clock at St. Giles's pound.

Q. Then two went away and left the other three. - A. Yes.

Q. What they did you do not know. - A. No.

Cross Examined by Mr. Knapp.

Q. Honesty, I suppose, you gave information directly. - A. No.

Q. What you consented to all that was done, and when you were taken up you turned evidence. - A. I did.

Q. And that for the good of the public. - A. No.

Q. Nor to save yourself. - A. No.

Q. You do not expect to save yourself. - A. I do not know.

Q. How far distant was you from them while they were doing this. - A. They where as far distant from me as it is to out of the door.

Q. What time of the night was it. - A. About half an hour past eleven o'clock.

Q. So you could see as far as from where you are now to outside this court, at half after eleven at night, and see what was done. - A. I could.

Mr. Bolland. You and Britten had been at a public house drinking. - A. Yes.

Q. At the time of going home you had no idea of meeting Taylor. - A. No.

Q. Taylor met you and told you to stop. - A. Yes.

Q. At the distance which you have stated you stood you could only know by looking at that distance, you could not be certain. - A. I was sure of it.

Court. Q. Were you never acquainted with any of the party before. - A. No.

Q. What not Britten. - A. I have seen him before.

Q. Were they all strangers to you. - A. They were.

Q. Had you not seen any of them before. - A. I had seen them before, I was not acquainted with them.

Q. Do you mean that you had not been in business with them before. - A. I had not.

Q. Had you met them frequently. - A. I had no.

WILLIAM BLACKMAN sworn. On Thursday the 6th of February, I met with Christoper Jones and Michael Leary, from information that we received from Daniel Murphy , in a stable, the door had been broken down, and the stable had been open for several weeks, in the stable under the dung I pulled out two cheeses. Jones and Leary took up the tea, the cheeses are here (producing them).

Q.(to prosecutor) Are these cheeses yours. - A. Yes.

Q. I ask you whether the cheese and tea were either in your shop window or so near the shop window, that any body having broke the window, could get them out without getting into the shop. - A. By no means, that cheese is marked I for James and P for Purcell.

Taylor's Defence. As I was going home on Wednesday evening, I stopped to make water, and I kicked this pig's-head before me; I picked this pig's-head up, I opened the parcel, and in it there was some halfpence; I went to make the best of my way home, this watchman stopped me.

Britten left his defence to his counsel; called one witness, who gave him a good character.

Taylor called two witnesses, who gave him a good character.

TAYLOR, GUILTY - DEATH , aged 20.

BRITTEN, NOT GUILTY .

First Middlesex Jury, before Mr. Justice Le Blanc.

Reference Number: t18060219-56

185. DANIEL CAMP was indicted for feloniously stealing on the 30th of January , ninety pound weight of lead, value 24 s. and 6 d. the property of William Thomas , affixed to a certain building of his called a school room .

Second Count for like offence, only stating it to be affixed to a certain building.

And several other Counts, the same as the former, only varying the manner of charging.

The case was stated by Mr. Gurney.

WILLIAM THOMAS sworn. Examined by Mr. Gurney. Q. I believe you keep a school at Enfield . - A. Yes.

Q. I believe you have for some time past occupied it at the Chase, belonging to Mr. Samuel Dowsin . - A. I have.

Q. You have lately removed from that house to another, still retaining that house I have mentioned. - A. Certainly.

Q. Did you go occasionally to visit this house, to see that every thing was right. - A. I did.

Q. Were you there on the 27th of January last. - A. Yes, I think about the 27th, I was there all was right then.

Q. Did you go there on the 30th. - A. On the 30th I cannot swear to; went I went again, the lead was gone from the roof of the frontispiece of the school room, it was affixed to the building.

Q. You found the lead was gone, in consequence of that you gave some information to Mr. Brown, who had put it up for you seven years ago. - A. Yes, Mr. Brown was working for me at the time.

Q. Did you know the prisoner. - A. I did, he worked for a mason whom I employed.

Cross-examined by Mr. Alley.

Q. If I understand you Mr. Thomas, you had altogether left this house. - A. I had.

Q. Nobody inhabited it at that time. - A. No, I was still paying rent for it; I have the lease in my pocket, my term is unexpired.

- BROWN sworn. Examined by Mr. Gurney. Q. I believe you are a plumber and glazier, living at Enfield. - A. I am.

Q. In the evening of the Friday, the 7th of this month, did the prisoner at the bar come to your shop. - A. He did, about seven o'clock in the evening, he told me he had about an hundred weight of lead to sell, he had it with him in a sack; I thought it did not look well that a man of his description should have that lead to sell, I knew his resources, and what wages he had; I told him I had not an opportunity of weighing the lead then, I desired him to leave it till the following morning, if he would call then, I would weigh it, and pay him for it, he went away and left the lead in my premises; the next morning he came again, the lead was weighed, I think it weighed ninety-four pounds, I think I paid him one pound, four shillings, and sixpence for it, at the rate of thirty shillings a hundred; I had previously ordered a man of mine, to be upon the spot, that he might be a witness, that it was the identical lead that I bought of him.

Q. In point of fact, you had received some information from Mr. Thomas. - A. I had; as soon as the prisoner was gone, I examined the lead, I found it to be lead of that description, I fitted it to the place of the school room where the lead had been taken off, it fitted; I am perfectly sure it was the lead of that school room, every nail hole corresponded together, it was cut in four pieces, they all tallied together; the lead is here present under my seal, I delivered it to Mr. Jerry, the officer; I produce the lead.

Cross-examined by Mr. Alley.

Q. I suppose you have lived in that neighbourhood a long while; you are the last man in the world that should have been suspected of receiving stolen goods; did not you know the prisoner. - A. He had occasionally worked for me.

Q. The prisoner left the lead with you, and agreed to call the next morning. - A. Yes, he called again the next morning.

Prisoner's Defence. I found this lead as I was going home, I picked it up.

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

GUILTY , aged 22.

Transported for Seven Years .

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-57

186. JOHN LUASE , alias LUCASE , JOHN WESTRAY HAYCOCK , and GEORGE JAMES OSBORNE , were indicted for burglariously breaking, and entering the dwelling house of Michael Benjamin , about the hour of six at night, on the 11th of February , and burglariously stealing therein, twelve waistcoats, value 2 l. 8 s. the property of Michael Benjamin, and JAMES GALLOWAY , for feloniously receiving ten of the aforesaid waistcoats, value 2 l. being part of the same goods, he knowing them to have been stolen .

The case was stated by Mr. Gurney.

SARAH BENJAMIN sworn. Examined by Mr. Gurney. Q. Where do you live. - A. I live at No. 67, Wardour-street, Soho .

Q. On Tuesday the 11th of February, had any accident happened to any of the panes of glass at your shop window. - A. Before the 11th of February, an accident happened to a pane of glass, there was a hole in it about the size of the palm of my hand.

Q. Did you discover at any time on Tuesday, the 11th of February, that that pane of glass had been broken to a greater extent. - A. I missed the property between six and seven o'clock last Tuesday week, my husband was out.

Q. How lately before you had missed it had you seen the property. - A. I cannot tell, I missed twelve swansdown waistcoats, of different patterns, they were placed in the window, near the pane of glass that was broken.

Q. When you so missed them, did you examine the pane of glass, and find that it had been still broken more than it was before. - A. Yes, there was a hat before it, which had been moved and some of the waistcoats had been taken from the hole, and the hole was as big again.

Q. Then the hole was large enough for an hand to be put in, and the waistcoats to be taken out. - A. Yes, the next morning I went to Monmouth-street, and took an old marcella waistcoat with me to the different shops, and among the different shops I went to Galloway's, when I went into his shop, I asked him if he had any swansdown waistcoats, he said, yes ma'am; I told him I wanted one, and I had the size with me, I produced the marcella waistcoat of the size, he took two or three waistcoats from a shelf, and one from the outside of his door, and shewed me, we measured them; I looked up to the shelf, and I thought they were the whole of the property that I lost; I said to him, I cannot agree with you about one, I will go home and send my husband; I went home directly and sent my husband. Mr. Galloway

gave me a card of the shop.

Cross-examined by Mr. Alley.

Q. This shop belongs to Mr. Benjamin. - A. Yes, he is my husband.

Q. I thought he was your partner. - A. He is my partner.

Q. I know he is your sleeping partner; you lost these waistcoats on the night of the eleventh, on the following morning you went to Galloway's house, and you found the waistcoats. - A. Yes, I did.

Q. You saw them hanging outside of the door. - A. No, he went out and brought one from the outside of the door.

Q. You saw him go into the street, therefore, it must be hanging outside there. - A. Yes.

Q. And any body going by, must see them hanging out, exposed to public sale; were you present when these were purchased by your husband. - A. No, he gave four shillings a-piece for them, he bought them at a sale at Chelsea.

Q. The other waistcoats that you saw on the shelf, he pulled them down very readily, they were exposed openly in the shop. - A. Yes.

MICHAEL BENJAMIN sworn. Examined by Mr. Gurney. Q. You are the husband of the last witness. - A. I am.

Q. In consequence of information that your wife gave you, did you on the 12th of February go to the house of Galloway. - A. I did, immediately she came home; when I was there I was rather flurried, seeing my waistcoats laying on the shelf, I directly said to Mr. Galloway, these are my property, I lost them last night, I spoke rather loud, and there came by one or two people that I deal with, which he knew; he said, do not speak so loud, you shall have your waistcoats, I will give you your waistcoats back again; I refused to take them, I had lost twelve; he said he had bought only eleven, and one of the boys had stole one back from him, he said he would pay for the two; he told me he gave four shillings and six-pence for three of them, and three shillings and six-pence for the remainder; I told him particularly that I had gave information to the office, and requested him, if the boys should come again, to detain them and let me know; he said he would. I took the waistcoats away.

Cross-examined by Mr. Alley.

Q. And in point of fact the boys did come again, and he did detain them, and sent for a constable. - A. He did.

Q. You took the waistcoats on the morning of the 12th, you did not attempt to take the prisoner Galloway into custody; you saw him at Bow-street, where he had brought the boys. - A. I returned home about five.

Mr. Alley. I will prove it by the officer.

ROBERT MUSLIN sworn. Examined by Mr. Gurney. I believe you are the servant of the prisoner Galloway. - A. I am.

Q. Were you in the shop with them and your master Galloway on the evening of that day. - A. I was.

Q. Look at the three boys at the bar, and tell me whether they are the three boys that came into your master's shop. - A. I cannot say, I was minding my master's business.

Q. Did three boys come into your master's shop. A. I cannot say.

Q. Did any person come in, and sell your master any waistcoats that evening. - A. That I do not know.

Q. How was you employed that evening you was there. - A. At my master's work, at tayloring in the shop.

Q. What is the size of the shop. - A. I cannot tell you, it is a large size.

Q. As large as this court. - A. Not quite.

Q. What is the size of it, is it as large as this table. - Q. Not so long.

Q. How far was you sitting from the counter. - A. The counter is against the parlour door, and I was sitting at the window at work, I suppose I was four yards from the counter.

Q. Upon the oath you have taken do you remember any persons selling to your master that evening any waistcoats. - A. I do.

Q. Were the persons who sold the waistcoats so to your master, one in number, or more than one. A. That I cannot say.

Q. Was it one or three. - A. I cannot say whether one or three.

Q. Upon the oath you have taken how many persons were there. - A. Upon my oath I saw only one.

Q. Was that one you saw a man or a boy. - A. That I cannot tell, I judged him to be about twenty.

Q. I ask you whether you have no belief whether it was a man or a boy. - A. A boy.

Cross-examined by Mr. Alley.

Q. You was in the house the next day when the prosecutor came. - A. I was.

Q. When the prosecutor came there you heard the conversation with the prisoner. - A. I did.

Q. He told him that he had lost the waistcoats in question, and that they were his. - A. He did.

Q. Did you hear what answer your master made to him. - A. He told him he would deliver up the property, if they were his, and he would detain the parties if they came.

Q. On the next day did the three boys come to his house. - A. They did.

Q. Do you know whether your master went to Bow-street to get an officer to apprehend these boys. - A. He did.

Q. Did your master give you any directions before he went to Bow-street. - A. He did, to detain the boys, while he went to Bow-street to get an officer to take them into custody; I was to sew on a button for one of them, and while my master was gone, I broke my thread several times in sewing on the buttons.

Court. He went to Bow-street and got an officer, and took them into custody. - A. He did so.

Mr. Alley. In consequence of that, he and the boys went to Bow-street, and he was committed. - A. Yes.

JOSEPH BAKER sworn. Examined by Mr. Gurney. I am an officer of Bow-street.

Q. On the 13th of this month were you fetched to the prisoner, Galloway's house. - A. On the 12th, between one and two o'clock, I went to his shop with him, there I found the three boys at the bar, the little boy, Osborne, was on the shopboard, the

man was sewing on his buttons; I asked Galloway in their hearing were these the persons he had bought the waistcoats of, he answered yes; I took them in custody and searched them, I asked them where they brought them from.

Q. Before they said any thing, did you make use of any promise whatever or threats to enduce them to confess. - A. Not any at all, Osborne told me he would tell me the truth, he told me that the other two boys took from the window of Mr. Benjamin twelve waistcoats, he being present saw them take them, and he took them from them, they went to Mr. Galloway's house in Monmouth-street, and asked him if he would purchase them.

Q. Did either of the other boys say any thing to you. - A. Yes, on the Saturday after, when they were all together, they said they were the persons who took the property.

Cross-examined by Mr. Alley.

Q. You know there is a forty pound reward. - A. I am satisfied with that, God forbid I should do it for that.

Court. Gentlemen, what is said by one prisoner against another is not evidence; in the first place, it is not upon oath, no man can be convicted by the law of his country but upon taking a solemn oath, that what he says shall be the truth, therefore, what one prisoner says of another, even at your bar, cannot be evidence, because, it is not under the sanction of an oath; here is a confession, that goes no further than he was one of the parties that stole the property, I am not fond of confessions obtained by officers, because it is not a thing which is easy contradicted, it is generally made by a prisoner in private, and we have no way of ascertaining the truth of what a man unfortunately says; therefore, I keep a tight hand on all confessions, I would much rather a guilty man escape justice, than an innocent man be punished.

Q.(to Mr. Benjamin) Produce the waistcoats. - A. These are the waistcoats (producing them). They are my property.

Lucase's Defence. When I was in Castle-street, I met these young men, he said he was going of a message for his mother, he asked us to go with him, we did, and as we were coming back we picked up this bundle, we immediately looked at it, and found they were waistcoats, we went immediately to Monmouth-street, and asked Mr. Galloway if he would buy them, he said, yes, he would give three shillings and sixpence a-piece for them, that is all that passed; he paid us and we went away; the next morning James Osborne asked us if we would go with him to Mr Galloway's, to have his button sewed on his breeches, we went with him, Mr. Galloway told the man to sew on all his buttons; Mr. Galloway went out and brought in three constables.

Haycock's Defence. As Lucase and I were coming along Castle-street we met Osborne, he said he was going of a message, he asked us if we would go with him, we said, yes; coming back we found this bunble, we saw they were waistcoats, we took them to Galloway's, we asked him if he would buy them, he said, yes, or any thing that we brought.

Osborne said nothing in his defence.

Galloway left his defence to his counsel, called six witnesses, who gave him a good character.

LUCASE - GUILTY, aged 18.

HAYCOCK - GUILTY, aged 15.

OSBORNE - GUILTY, aged 13.

Of stealing to the value of thirty-nine shillings only, but not of the Burglary .

Transported for Seven Years .

GALLOWAY - NOT GUILTY .

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-58

187. JOHN CHANCE was indicted for feloniously stealing on the 15th of February , a bag, value 1 d. and fourteen pound weight of nails, value 5 s. the property of Thomas Quinton , James Callender , Isaac Perry , and William Scott .

The case was stated by Mr. Knapp.

EDWARD CHARLES HUDSON sworn. Examined by Mr. Knapp. Q. You are a clerk to Messrs. Quinton and Co. - A. I am, they are plate glass manufacturers , No. 106, Upper East Smithfield .

Q. What was the prisoner at the bar. - A. He was a carpenter .

Q. Was he at that time employed under Mr. Miles. - A. Yes, he is his apprentice. On the 15th of February, I observed him coming down the yard from the carpenter's shop, on our premises, I observed something bulky on one side of his frock, I immediately went out of the accompting house, and stopped him in the passage; I asked him what he had got there, he said it was a piece of wood, upon which Mr. Lee came out of the accompting house to know what he had got there, he said it was a piece of wood; Mr. Lee lifted up his smock-frock, and took from him the bag and the nails; he was taken into the accompting house, and detained there till Mr. Lee had paid the workmen, and then he was taken to the public office.

Q. Did he give any account about these nails. - A. He did not; I produce the nails, they are the property of Messrs. Quinton and Co.

Q. Is the bag your master's property. - A. I believe it to be such.

THOMAS BRADLEY LEE sworn. Examined by Mr. Knapp. Q. You are also a clerk to Messrs. Quinton and Co. - A. I am.

Q. You also came out of the accompting house and took the prisoner and the bag of nails. - A. Yes.

Q. Are they your master's property. - A. I believe them to be.

Q. Have you any doubt of it. - A. No.

Q. Did the prisoner say any thing to you. - A. He only said it was wood.

Q. Open the bag, and see whether they are in the same state as when they were taken from the prisoner (the bag opened by the witness). - A. They are nails, we have these kind of nails, and I believe them to be my master's nails.

Court. What makes you to believe them to be your master's property. - A. Because Hudson saw him coming from the premises where they were building.

Hudson. I saw him coming down that part of the yard where they were building.

Q.(to Bradley) Did you know the prisoner before - A. Yes, he had been employed a year and a half on the premises.

Q.Whereabouts is the value of them nails. - A. I suppose about five shillings.

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

GUILTY , aged 17.

[The prisoner was recommended to mercy by the jury and the prosecutor, on account of his good character.]

Fined One Shilling , and discharged.

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-59

188. DIANA COOMBES was indicted for feloniously stealing on the 10th of February , a silver watch, value 4 l. the property of Anthony Joseph .

ANTHONY JOSEPH sworn. I am a sailor ; I went to a public house with this woman to drink a pot of beer, she sat down with me and drank with me, she asked me what o'clock it was, I took the watch out of my pocket, I said look, it is after eight o'clock, she pulled the watch out of my hand and put it in her bosom, and told me to stop in the house, she would be back in two minutes; I stopped in the house till twelve o'clock, she never came.

Q. Did you ever find your watch. - A. No.

Q. What house was it at. - A. The Ship, Lower East Smithfield ; this was on Monday; on Tuesday I passed her at a public house in Gravel-lane, she was alongside of a big man, who struck me; she said when she was before the magistrate, she sold my watch for twenty-seven shillings.

Prisoner's Defence. This good man gave me the watch, I slept along with that man three or four nights, he gave me the watch till he could satisfy me, he did not give me any money; I sold the watch to pay for him and me.

Prosecutor. I never gave the watch to her, I gave her four shillings and sixpence, I was not with her one night.

NOT GUILTY .

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-60

189. THOMAS HOOPER was indicted for feloniously stealing on the 18th of February , six pound weight of pewter, value 4 s. the property of Richard Yates and James Edward Yates .

RICHARD YATES sworn. I am a pewterer , I live at No. 20, Shoreditch .

Q. Any partner. - A. Yes, my son, James Edward Yates . On the 18th of February, between three and four in the afternoon, as I was in the accompting house, William Oldham informed me that Hooper was doing wrong with the metal; I afterwards saw him drop the metal.

WILLIAM OLDHAM sworn. On Tuesday the 18th of February, I had suspicions of Thomas Hooper robbing of my master, in consequence of which I watched him; about eight in the evening I saw him go out, I followed him from the workshop to Shoreditch, he turned down an alley, I then asked him what he had got, he made no answer, but stooped down and dropped this piece of ingot metal; when I took up the metal my master came up, I then laid hold of him and took him back to the workshop and examined him, I found nothing further on him; I produce the ingot, it weighs seven pound, it is pewter, it is marked with my master's name.

Q.There was no mark on it before. - A. No.

Prosecutor. He had been casting all day, he took this out of the large mass and put it into that mould for his own convenience of taking it away, it was on his own board that afternoon.

Q. How long had he lived with you. - A. He served his time with me, he is able to get twenty-five shillings a week now, I paid him that myself.

GUILTY , aged 20.

Confined Six Months in the House of Correction , and fined One Shilling .

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-61

190. BENJAMIN GIBBS was indicted for feloniously stealing on the 27th of January , a coat, value 10 s. the property of William Barber .

WILLIAM BARBER sworn. I am a cowman to Mr. Rhodes. I lost my coat; the prisoner was taken with my coat on his back, on Monday morning three weeks ago.

Q. Where was your coat. - A. It laid on my bed, I left it there when I went to work; I lodge at Mr. Mane's, Hampstead Road ; I saw Crocker, he told me he took it off his back.

Q. Did any body else lodge in the same room with you. - A. Yes, the prisoner lodged in the same room with me. I went out and left him in bed, and when I went up I found it was gone.

EDWARD CROCKER sworn. The prosecutor lodged in Hampstead Road, at Mr Mane's; I was sent for on the 27th of January, on suspicion of stealing a coat; the prisoner worked for Mr. Rhodes, as soon as I saw him he made his escape; I was informed he left the coat at St. Giles's; I made haste after him and overtook him with the coat on; they both work for Mr. Rhodes.

Q.(to Prosecutor.) How long had you lost it before you found it. - A. I missed it when I came home at night.

Q. Then you found it before it was lost. - A. Yes.

Prisoner's Defence. I had worked for Mr. Rhodes three weeks, I told them I would not stay any longer; when Saturday night came, he stopped three shillings, for fear I should not come on the Monday morning; Mr. Hunt sent for me to the same place as I had left, my coat being dirty, I put that coat on to get my work, they told me I must come again at four o'clock, Mr. Hunt not being in the way; I went back to Mr. Rhodes's for my money, he said he would leave me in the hands of a constable, I thought it was because I would not work there any longer, I ran away and went to Mr. Hunt's for my work, and then when I went home to my lodgings they took me into custody.

NOT GUILTY .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-62

191. PATRICK LEARY was indicted for feloniously stealing on the 4th of February , a bag, value 6 d, fifteen thousand nails, value 5 s. five pound weight of lead, value 1 s. two boxes, value 6 d. two Turkey stones, value 6 d. a shutter stud, value 1 d. a bag, value 2 d. two gimblets, value 1 d. and a piece of wood, value 6 d. the property of Edward Vere .

EDWARD VERE sworn. I am a carpenter , I live at No. 19, Fitzroy-place; the prisoner is a tailor by trade; I left the building about nine o'clock at night, on the 3d of February, and I left the things in the building.

Q. Was the house almost finished. - A. Yes.

Q. Where was the house situated. - A. In Tottenham-Court road .

Q. What time did you return in the morning. - A. Between seven and eight, when I came there I found the door broke open and the property gone.

WILLIAM ELLEN sworn. I am a watchman of St. Pancras. After calling the hour of two o'clock in the morning, I saw a man coming along Tottenham-Court road with a bundle under his left arm, I followed him by an alarm given by a St. Giles's watchman of the opposite side; he came out of the road on the foot way, and when he found that I was after him, he threw this bag from him, with this lead in it, he went as far as Windmill-street, there I stopped him and brought him back; coming back, I picked this bag up, I searched him at the watch-house, I found in his pocket these two boxes, this bag, two gimblets, a shutter stud, and part of a lid of a seat; I went back to the building, I found the other part of the seat, and this ladle that he took the lead out of, I put the lead in the ladle, it fitted exactly the bowl.

JAMES YOUNG sworn. I am a watchman, I know just the same as the other witness, he is my fellow servant, there is two men in a box.

(The property produced and identified by the prosecutor.)

Prisoner's Defence. As I was coming along the street I picked up these things.

Q. You will call the person that saw you pick them up. - A. I was alone by myself.

Q. What business had you to be about at that time of the morning. - A. I was along with a friend.

GUILTY , aged 39.

Transported for Seven Years .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-63

192. JAMES SHEPHERD was indicted for feloniously stealing on the 23d of January , fifty yards of Irish linen, value 6 l. the property of Mary Gammon , in her dwelling house.

MARY GAMMON sworn. I live at No. 20, High-street, Islington .

Q. Are you married or single. - A. I am single , I keep the house. On the 23d of January, between the hours of one and two o'clock, I was at dinner with Mary Railton , we thought we heard the door go, Mary Railton ran to the door immediately, she called to me, Mrs. Gammon here is a man has got something under his arm, when I got up I saw my cloth lay on the ground, and the prisoner at the bar running from it.

Q. What cloth was it. - A. It is new Irish cloth; I keep a linen draper's and baberdasher's shop, he had opened the door, and took it off the counter; I crossed the way and immediately cried Stop thief, he was pursued and immediately brought back to my shop.

Q. How soon. - A. Not more than five or six minutes; I verily believe the prisoner at the bar is the same man that took the cloth, and that was brought back to my shop.

Cross-examined by Mr. Knapp.

Q. Have you the whole house. - A. Yes.

Q.This cloth was goods exposed to sale, it was on the counter to sell to any body that came to buy it. - A. Yes, there were nine pieces which lay one upon the other.

Q. You are a single woman, not a widow. - A. I am not.

MARY RAILTON sworn. Q. You live with Mrs. Gammon, you was at dinner there. - A. Yes, I heard the door go, and when the door opened I went out.

Q. The door was shut then before. - A. Yes, I saw a man a yard from the door with the cloth under his arm, I cried Stop thief, and the man threw it down, he ran across the way, the man was brought back to the shop.

Q. Did you know the man again. - A. I did not see the face of the man, but from his height, and having an apron on, it is like him.

Q. When the man was brought back had he a apron on. - A. Yes, a coarse apron.

Cross-examined by Mr. Knapp.

Q. You say you never saw the face of the man. - A. No.

Q. Not till he was brought back. - A. No.

Q. Nor till he was brought back had you ever seen him before in your life. - A. No.

Q. He had a common apron on that other men wear. - A. Yes.

Q. You say the person that was running dropped the cloth. - A. Yes.

Q. When the prisoner was brought back he had not the cloth. - A. No.

Q. Therefore it is impossible for you to say the prisoner is the man, you not having seen his face, and he not having the cloth when he was brought back. - A. I did not see his face before he was brought back.

JOHN AVERY sworn. I am a shoemaker; as I was sitting at work, on the 3d of January, I heard the cry of Stop thief.

Q. How near do you live to Mrs. Gammon. - A. About two hundred yards; I saw several persons running by my house; I put down my work and followed them, I saw several men running and crying Stop thief, they took down Charlton corner, I kept strait on, and when I came to the end of Bird-lane, I was as nigh as any of them, they went round an elbow, I went strait down Islington; I saw the prisoner Shepherd about three hundred yards before any of them.

Q. Was he running. - A. He was, I followed him, he took into the Sehpherd and Shepherdess field, he was before me then two or three hundred yards, when I got nearer to him, I cried out Stop thief, seeing two gentlemen coming from the City Road, they both made towards him, and one of the gentlemen up with the umbrella as though he was going to knock him down, he stopped till such time as I came up to him, I searched him, and found nothing on him but this bag and this little knife, he said he hoped I would not take him back, for they would know him.

Cross-examined by Mr. Knapp.

Q. How many persons where there running. - A. I cannot exactly say, there where from four to eight.

Q. Were they all crying Stop thief. - A. I cannot say.

Prosecutrix. The bag is not mine, only the cloth; that is the way it was laying in the road, and that

one piece laid off the curb in the dirt of the road, when he crossed over the way and run away; they are my property.

Q. Whereabouts is the value of that cloth. - A. Seven pound.

Q. Is the shop part of the house. - A. It is the lower part of the house.

Prisoner's Defence. I am innocent.

Jury. Q.(to Avery) Had he an apron on when you took him. - A. He had.

GUILTY - DEATH , aged 27.

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-64

193. THOMAS VAUGHAN alias THOMAS SHAFTOE VAUGHAN was indicted for feloniously stealing on the 24th of January , two rasors, value 14 s. sixty-three guineas, two bank notes, value 10 l. each, and a bank note, value 1 l. the property of Arthur Haydon .

ARTHUR HAYDON sworn. I live at the sign of the Nag's Head, Whitecross-street, St. Luke's, Middlesex . On the 21st of January, he came to my house to lodge, he had the two pair of stairs back room furnished, he took the place weekly, at three shillings per week, and he was to breakfast with me, and to settle with me for it at the end of the week; he went away on the 24th.

Q. Did he give you notice of his dislike to the lodgings, and that he meant to go. - A. No.

Q. Did you at any time miss any part of your property and when. - A. On the 24th I missed my property; when he came to the lodging he said that he was a gentleman, and had a law suit in town, that he resided in Paddington, and it was too far for him to go up to his family of a night.

Q. When was it that you missed from any part of your house any property. - A. On the 24th the sheets was missing, I did not miss the money till between ten and eleven o'clock, I was going to bed, I found my door unlocked; my wife told me about three o'clock the sheets were gone, when I came home, and the money was missing from my drawers, which stood of one side of my bed.

Q. Do you know whether you had locked this drawer on the 24th. - A. I am certain of it, I went to the drawers that morning, and took five guineas out.

Q. Who kept the key of the drawers. - A. I always keep them, I saw no alteration in the drawer, except it was unlocked, it had not been opened by force.

Q. What property did you leave in the drawer. - A. Sixty three guineas, two ten pound notes, and a one pound note; when I looked in the drawer, I found it was all gone.

Q. What room do you sleep in. - A. The one pair of stairs front room.

Q. Then the prisoner could have no business there. - A. No.

Q. His was the two pair of stairs back room. - A. Yes.

Q. Did you not miss any rasors at any time. - A. Yes, a case of rasors; I believe these rasors were in the same room, they were either in my room or his room.

Q. Had the prisoner ever borrowed them of you to make use of them. - A. No.

Q. Did the prisoner ever return to your house again. - A. No, I never saw him from that time till the 3d of February, when I saw him in the House of Correction.

Q. Did you ever find any of your money, notes, or rasors, again. - A. No.

Q. Where there any more lodgers in the house. - A. Yes, one; he slept in the same room with Mr. Thompson.

Q. Who is Mr. Thompson. - A. The prisoner at the bar took the lodgings in the name of Thompson.

Q. What is the name of your lodger. - A. Mr. Brooker, he lodges with me still.

Q. When you saw this man in the House of Correction did you say any thing to him. - A. I said how do you do Mr. Thompson; he says you have the advantage of me, I do not know you.

Q. Did you charge him with taking this property. - A. Yes, I asked him if he knew where he lodged on 21st of January, and where he left on the 24th, he said he did not know any thing of that, he had only been two or three days from the country, he did not know the town at all; he knew me extremely well the following day, when he came up to Hatton-Garden.

Prisoner to prosecutor. Did you not say before the magistrate (I dare say it is in the deposition) that you did not recollect whether you had locked the room door or the drawer. - A. I said I was not sure, whether I had locked the door, I am sure I had locked the drawer.

Court. In your deposition it says, that the key you now hold in your hand, and which is the key of the drawer, of which he is not certain that he locked it or not; therefore before the magistrate you were not certain whether you locked the drawer or not.

Prisoner's Q. From the time that I came to breakfast was I ever out of your presence. - A. Yes, during the time you went to write a letter, I asked you whether you was going out at that moment, you said stop for a moment, as you was going to write, and you asked for pen and ink, you was some time up stairs, I waited below for you.

Court. (to prosecutor) Did you go out of the house while he was up stairs. - A. No, I waited for him a quarter of an hour, thinking he was writing a letter all the time.

Q. You was then upon your oath when you was before the magistrate, you was not certain whether you locked the drawer or not. - A. I am sensible that I had locked the drawer.

Q. What makes you more sensible now than you was on the 4th of February. - A. Perhaps they mistook what I said.

Q. No, it was not a mistake, they read it over to you again; had you more than one servant in the house. - A. Yes, two, both maid servants, one of them is about ten or eleven years of age, and the other about twenty, they both live with me now.

Q. About what time of the day was it that you took out the five guineas. - A. About nine o'clock in the morning.

- HAYDON sworn. I am the wife of the last witness.

Q. When was it that the prisoner came to your

house. - A. On the 21st of January.

Q. When did he leave your house. - A. On the 24th, between eleven and twelve I saw him last.

Q. Did he go out alone or with your husband. - A. He went out alone.

Q. Did your husband go before him. - A. Really I cannot say.

Q. Did you expect him leaving you that day. - A. No.

Q. Did you ever see him again, till you heard he was in custody. - A. No.

Q. Did he bring any trunk, or any thing with him. A. No.

Q. Did he represent who he was, and where he lived. - A. Yes, he said he lived at Paddington, and had a little business in town; he said he was very ill, it was too much for him to walk back at night.

Q. Did you see him when he was in the House of Correction. - A. Yes, my husband was with me.

Q. Did he know you. - A. Yes, and he begged my husband's pardon for not knowing him before.

Q. Did you say any thing to him respecting this charge of the notes. - A. No, I did not know of the money being gone.

Q. Does your husband or yourself usually lock the bed room door when you leave it in the morning. - A. I lock it myself, I generally get up last; I gave my husband the key.

Q. Therefore you do not know whether he locked the drawers or not. - A. No.

Q. Had you seen the drawers that day, after your husband took out the five guineas. - A. No.

Q. Do you know whether the bed room door was locked after your husband took out the money. - A. No.

Q. Did you go into the bed room after the prisoner left the house. - Q. Yes.

Q. Did you find any thing missing. - A. Yes, the sheets from his bed.

Q. Did you go up into your bed room. - A. I did not.

Q. Does Brooker, that lodged in the same room with the prisoner, lodge with you still. - A. Yes.

Prisoner (to prosecutrix) Did I not breakfast with you on the 24th. - A. Yes, you did.

Q. I think your husband and Mr. Davis were present, Mr. Davis was exceeding troublesome and riotous; did not you say to me that your husband and Mr. Davis was intoxicated. - A. No, my husband was not intoxicated, I never saw them drink any more but one glass of rum and water, which you tasted.

Q. That was after they had six glasses of rum and water. - A. They had no more than one glass of rum and water.

Court. Who kept the key of the drawer where the money was. - A. My husband, the key of my bed room I kept; I gave him the key of the door, not of the drawer.

WILLIAM CHAPMAN sworn. I am an officer of Hatton Garden. On Tuesday the 28th of January, in the City Road, I met Vaughan the prisoner, and Mrs. Hill's daughter.

Q. Did you take charge of him respecting any thing of this business. - A. No, I searched him, I found nothing that belonged to this case, I found about half a crown on him.

Q. Any Bank notes. - A. Nothing of the kind.

Prisoner's Defence. I went to lodge at the prosecutor's house at the time he mentioned, and came away also at the time he mentioned, I agreed to breakfast there; I staid there till the 24th, I got up in the morning to breakfast along with the man's wife, I never went out of the parlour, only through the parlour, I read the newspaper before I went out of the house; their house happens to be a very inferior, low public house, the tap is forward; and the parlour is backwards, you cannot see any one go up stairs, any one can go up stairs, without their seeing them, and they are very seldom any where but in the parlour; when I was there I saw a man of the name of Davis have five or six glasses of rum and water, they were intoxicated, they threw the toast about; the woman said he is drunk and mad, and my husband also; he is extremely riotous when he is drunk, but he is a good customer, we may charge him what we please. I never went up stairs, nor went any where except reading the paper, and then I was not out of their presence; they pressed me to drink, I said I never drink of a morning, he said it was not friendly if I did not drink with them, I stopped about five minutes in the tap room; after I went out I had an account of the death of my daughter at Salisbury, I was obliged to go to Windsor about the funeral, I did not return to London for three days; when I was apprehended not a farthing was found upon me, I was in a very distressed state indeed, as I am at this present time; it is not likely that if I had twenty-one pounds in Bank notes, that I should be in this distressed state, there was no duplicates found upon me; I declare most solemnly I was not in the room. I never took a note out of it, nor did I know where the money was.

NOT GUILTY .

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18060219-65

194. THOMAS AINSLEY VAUGHAN, alias THOMAS SHAFTOE VAUGHAN , was indicted for feloniously stealing on the 24th of January , one pair of sheets, value 10 s. the property of Arthur Haydon , in a lodging room in the dwelling house of Arthur Haydon .

ARTHUR HAYDON sworn. Q. Have you any other evidence respecting the sheets. - A. No, there is no other evidence.

NOT GUILTY .

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18060219-66

195. THOMAS AINSLEY VAUGHAN, alias THOMAS SHAFTOE VAUGHAN , was indicted for feloniously stealing on the 31st of December , a sheet, value 10 s. the property of George Hill , in a lodging room .

MARY HILL sworn. I live at the Red Lion, Islington , my husband's name is George Hill.

Q. Do you know the prisoner at the bar. - A.Yes, I first saw him on the 29th of December last.

Q. What time of the day did he come to your house. - A. About ten o'clock at night, he asked me if he could have a bed, I answered him he could.

Q. Did he tell you how long he was to have the bed for. - A. No, he was only to have the bed for one night, he lodged there two nights; he went into the parlour and called for a pint of porter, in a little

time after he rung the bell, I went in, and he said he wanted to go to bed, I lit him up stairs, and shewed him the bed and turned the sheets down; I said my rule is to be paid before you go to bed, he said he had only gold, and he was afraid he should get some bad silver, I said very well, if you pay me in the morning it will do, he said he should breakfast with me; accordingly, in the morning he came into the kitchen to me, and said, may I have breakfast, I said no; he never offered to pay me for the pint of porter, I did not know but he had paid my son, he put in my hand a seven shilling piece, and I gave him six shillings, he said he should sleep there the following night; on the following night he came, the fire was very low in the parlour, he grumbled about that, I said we have a good fire in the kitchen, if you should like to sit down in the kitchen, he went and sat there and had a pint of beer again; my daughter went up stairs and turned the sheets down; on Tuesday morning he laid till ten o'clock, he came down stairs, I was in the yard.

Q. Did you agree with him what he was to pay for the second night. - A. No, I had told him the day before. As he was going out of the front door he sees me, he says good morning ma'am; I thought he had paid my husband the shilling; he says to me can I have any breakfast, I says you can; he then says I have got a little business in St. John-street, I shall be back in about ten minutes or a quarter of an hour.

Q. Did he return. - A. No, the minute that he was gone my daughter went up stairs to see whether the sheeting was on the bed, she made the alarm, the sheet was gone.

Q. You are quite sure that the sheet was on the bed the over-night. - A. I am confident of it, I had no lodgers in the house but him.

Q. Then he came the second night upon the same terms as he did the first night. - A. Yes, but he did not pay me.

Q. Do you let lodgings out by the night. - A. Yes, we have farmers that come up to market that sleep with us.

Q. When did you see this man again. - A. Not before I saw him at the office on the 29th of January.

Q. Did you ever find the sheet. - A. No.

Q. Nor any duplicate. - A. No.

Q. What was the value of your sheet. - A. Ten shillings.

CHARLOTTE HILL sworn. Do you know the prisoner. - A. Yes.

Q. Did you shew him up to bed on the night of the 30th of December. - A. I did.

Q. Had the bed one sheet on or more. - A. There were two sheets when he went to bed, I shewed him up to bed at eleven o'clock; on Tuesday morning he got up about ten o'clock.

Q. How long did he stay in the house after he got up. - A. He was going out of the street door when my mother came into the passage; he returned back, and bid her good morning; in about three minutes afterwards I went up into his bed room, and found there was one sheet gone; there was nobody else lodging in the house that night but my father, mother, and myself.

Q. Did he ever return to pay for his lodgings. - A. No.

Q. Was your father at home when he went out. - No. On the 28th of January I saw him in Chiswell-street. I followed him at some distance before I spoke to him, I asked him if he did not know the Red Lion in Islington Road, he said he did not, I asked him if he would be so good as to take a walk with me, and I would shew him where it was, which he refused and ran away.

Q. Did he get out of your sight before he was stopped. - A. No he did not, I ran after him till I was out of breath, and a boy halloed out Stop thief, and some strange man stopped him, he was afterwards delivered to Mr. Chapman the officer.

The prisoner said nothing in his defence nor called any witness to character.

GUILTY , aged 63.

Confined Two Years in the House of Correction , and fined One Shilling .

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18060219-67

196. WILLIAM TOMLINSON was indicted for feloniously stealing on the 5th of February , eighty-three pounds weight of cart nails, value 10 s. the property of Thomas Gill .

THOMAS GILL sworn. I am a wheelwright , the prisoner worked for me about three years and a half, he left my service a twelvemonth ago last August, that was before I lost these nails.

Q. Did you at any time find how you lost these nails. - A. I know no more than being alarmed by the watchman at eleven o'clock at night; I live in White Horse Yard, West-street, West Smithfield ; when the watchman gave the alarm I got up, and when I came into the yard, I found the gates were open, they had been shut before dark, and they were fastened with an iron bar across with a thumb screw. I am positive they where fastened on the over night, when I came to the gates there were a great number of nails scattered about there, whoever it was that had taken them away, had dropped them.

Q. Where they of that description of nails that you call cart nails. - A. Yes, they were in a bag; we went down the alley leading to Cow Cross, the nails where scattered there also.

Q. Do you know any thing of the prisoner being concerned in this robbery. - A. No further than it was on the 5th of October, the felony was committed; I believe it was on the 5th of February he was apprehended.

Q. You did not take him. - A. He was taken on the 7th of October first.

Cross-examined by Mr. Gleed.

Q. You do not know that you did not see him in custody in October. - A. No.

Q. When did you see the prisoner after the felony was committed. - A. I saw him at Bow-street, on the beginning of February.

Q. Do you know of his being the person who had done it. - A. No.

Court. Could any person have done this who was not acquainted with the fastening of your yard. - A. I should not suppose they could.

Mr. Gleed. How many servants have you in your employment. - A. Near twenty.

Q. This man had been in your employ a year and a half. - A. He had.

Q. He had ceased to be your servant about a twelve month ago last August. - A. Yes.

Q. In October, in consequence of some alarm, you went down to your gates, and there you saw some nails scattered about. - A. I did.

Q. Who the person was you do not know nothing about. - A. No.

Q. You pursued without effect. - A. Yes.

Q. From that time it was five months before you saw the prisoner. - A. It was.

CHRISTOPHER JONES sworn. I am one of the patroles of Bow-street, on the 7th of October last, about half after five o'clock in the morning, I was standing at the corner of Red-Lion-street-Holborn, the prisoner at the bar passed me; I stopped him, and took him into a liquor shop.

Q. Had he any thing about him. - A. He had the nails in a bag on his back; I asked him how he came by them, he said what is that to you; when he was brought before the magistrates he said he found them on a butcher's block in Newport Market.

A. How came he not to be tried before. - A. He was kept till the 14th, and then he was discharged, we could not find any owner to the nails; I have kept the nails ever since, I produce them.

Mr. Gleed. On the 7th of October was the Monday, the 5th was on Saturday.

Court. (to Mr. Gill) Was it on Saturday your premises were robbed. - A. It was; that bag is not mine, they were emptied out of the bag, and the bag was left.

Q. Have you examined the nails before. - A. I have, there is eighty seven pound, and from a general knowledge of the nails, I believe them to be my property, they are worth a groat a pound, they are valued at 10 s. in the indictment, they are made in the same tool with what I use, I should know the nails any where.

Q. Then the value of them would be about twenty-seven shillings; you are quite sure they are made in the same tool as those were in your manufactory; and you believe them to be yours. - A. I do.

Q. Do you know what weight of nails you had in your manufactory. - A. I had two hundred weight in on the 27th of September, there had been none of them used on the night of the 5th of October, one bag was nearly emptied.

Q. Does the nails lost correspond with the quantity found. - A. As near as my ideas can recollect; I do not believe there is another nail among them, I have examined the bag carefully.

Mr. Gleed. That is they are as near as you can guess, it is a common cart nail. - A. It is a common cart nail.

Q. You have them from the manufacturer, which manufacturer supplies other wheelwrights of course. - A. Yes.

Prisoner's Defence. I found these nails about one or two o'clock, in Brook's Market, Brook's street.

Jury. (to Jones) Which way was he coming from. - A. From Brook's-street, I took him at the corner of Red-Lion-street, coming from Brook-street.

GUILTY , aged 28.

Transported for Seven Years .

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18060219-68

197. HENRY WATTS was indicted for feloniously stealing on the 20th of January , three silver tea spoons value 2 s. the property of Bynon Wilkinson .

ELIZABETH WILKINSON sworn. I live at No. 13, South-Molton-street , my husband's name is Bynon Wilkinson; on the 20th of January, between four and five o'clock, two gentlemen came to look at the lodgings, they said they wanted to see the first floor, I shewed them up stairs, they wanted to see the size of the bed room, I did not show it them because it had a great deal of property in it, and I thought proper not to open the door; then they asked to see the bed room on the second floor, one of them attempted to go up stairs, the other staid behind.

Q. Who was it that staid behind. - A. I think it was the prisoner, there were three tea spoons laying on the tea board in the first floor front room, I perceived the gentleman did not come to follow me, and the other to go up into the second floor room, and when he came out and attempted to go down stairs, I heard the spoons gingle in his pocket; I said you have got my spoons, sir, come back again, he went back in an instant, and he husstled them down upon the tea board, he then asked me to search him.

Q. Had you any man with you. - A. I had not, I was too much frightened to search him; he went away down the street, and I followed him; he turned the corner and went into Perott's Hotel where he was taken, he had not on the same coat when he was there as when he was at my house.

Q. How long did you loose sight of him. - A. While he turned the corner.

Q. Had he pulled off his great coat when you saw him again. - A. Yes.

Q. What became of the other man that was with him. - A. He ran away.

Q. Did you know this man before. - A. I never saw him before nor since, I only saw him that night he was taken to Marlborough-street; I have been ill ever since.

Cross-examined by Mr. Gleed.

Q. You did loose sight of the persons whoever they were. - A. I must of course, I could not see them when I was in the street, and they had turned the corner.

Q. You say two gentlemen came to your lodgings for the purpose of hiring lodgings. - A. They did.

Q. You let lodgings, and they coming to look for lodgings, you went about with them to shew them. - A. Yes.

Q. Whoever the person was (and you say you believe only) that you spoke upon the subject of the spoons, he immediately turned back. - A. Yes.

Q. The spoons that were in the tea tray were to be made use of by the person who hired the lodging. - A. Certainly, but they were my property.

Q. And when you come back you found them on the tea tray. - A. I saw him put them on the tea tray, I never saw the tea tray at all till the gentleman returned, and put them on the tea tray.

Court. Whoever that person was, he was on the top of the stairs, and you both went into the room - A. Yes.

Q. You lost sight of him turning the corner of the street. - A. Yes.

Q.Was the person that you saw at the hotel the same person that you saw in your house. - A. I took my oath of it before the magistrate; I have been ill

since, it affected me so.

Q. Was the person that you saw at the hotel the same person that you saw at your house. - A. I believe it was.

Q. Have you any doubt about it. - A. I did not doubt then.

Q. I only want to know at the time you was at Marlborough street, whether you had any doubt then. - A. I had not.

THOMAS WILLIAMS sworn. I live in Mrs. Wilkinson's house, as clerk to a gentleman; on Monday the 20th of January, about five in the evening, I had occasion to clean myself, I went down stairs; after I had been there some little time, I heard some noise, I thought it might be Mrs. Wilkinson speaking to the children loud, it did not strike me at first what it really was; in the course of a moment there was cry of Stop thief; hearing the door open, I ran to the door immediately, and Mrs. Wilkinson pointed to the prisoner at the bar, saying, that is the man that has got my spoons, he had got into the street, about three doors off. (There was then another man who ran out first, that was the one that went into the second floor, he stood at the corner peeping by a watchman's box, immediately he saw me run he made off.) I pursued the prisoner into Perott's hotel, where there is a glass door exactly opposite the street door; when I opened the glass door he came up to me and asked me what was the matter.

Q. How was he drest going into the hotel. - A.He had a great coat on and boots with tops, and when he came to the glass door and asked me what was the matter, he was without his great coat, I then looked him in the face, seeing him without his great coat, I turned him round, and by turning him before me, I knew his boot tops again, I turned him round and looked at him again, I said to him, you are the fellow, and I laid hold of him by the collar; immediately then Mr. Perott came out, and asked him what business he had there (Mrs. Wilkinson was at the door); I said that he had been robbing the lodgings of some spoons, the girl brought his great coat to him (they found it in a back room under a bed), he put it on, he had the same under coat on, as he has now. (Mrs. Wilkinson has swore to him, but people coming to the house and frightening her is the occasion of her being so ill); Mr. Perott held him while I fetched a constable.

Court. (to prosecutrix) You have done what is very right.

Mr. Gleed. (to Williams) At the same time that you took that man in custody he had the same coat on then as he has now. - A. Yes, if he was in any disguise whatever I could swear to the man.

Q. You in consequence of what Mrs. Wilkinson said to you, followed a man. - A. I followed that man.

Q. She pointed to somebody, and you followed him, and he had a great coat on. - A. He had.

Q. Was it a long coat or a short coat. - A. A long coat, it did not cover the top of his boots.

Q. Was he out of your sight at all. - A. Not at all till I got to the corner.

Q. The person that you saw at Perott's hotel had no great coat on at all. - A. No.

Q. How far is Perott's hotel from Mrs. Wilkinson's. - Q. Just thirteen doors.

Q. The man that you pursued had a pair of boots on. - A. Yes, top boots.

Q. If the boots were produced to you, could you swear to the boots. - A. No, I swear to the man, the boots may have been disfigured; I am swearing the truth.

- PLANK sworn. I am a constable, I was sent for to Mr. Perott's hotel; the prisoner at the bar was given into my custody, and Mrs. Wilkinson gave me the spoons; I produce them.

Prosecutrix They are my spoons.

Mr. Gleed (to Plank) Was the prisoner searched. - A. Yes, nothing was found on him but a few halfpence, and a handkerchief.

Prosecutrix I would not wish to be too positive to his person, I had lost sight of him, I would not positively swear that is the man.

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

GUILTY , aged 23.

Confined Six Months in the House of Correction , and fined One Shilling .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-69

198. GORGE NEW was indicted for feloniously stealing on the 4th of February , a mahogany slab, value 1 s. 6 d. and seven mahogany veneers, value 1 s. 6 d the property of William Mac Lean .

WILLIAM MAC LEAN sworn. I am an upholsterer and cabinet maker , I live at No. 68, Clipstone-street, Upper Mary-le-bone , on Tuesday, the 4th of February, between four and five o'clock in the afternoon, I was going down my yard, I met the prisoner coming up the yard, with the veneers upon his shoulder, I asked him who sent him for them, he said a Mr. Castor, I immediately secured him.

WILLIAM COGG sworn. I saw him with the veneers on his back.

JOHN TOWNHSEND sworn. I am a patrole of Bow-street; I took the prisoner into custody; I produce the veneers.

Prisoner's Defence. I was walking up Tottenham-Court road last Tuesday fortnight, I met a man of the name of Castor, I asked him if he could give me a job of work, he said that he had some veneers at Mr. Mac Lean 's, in Clipstone-street, and if I would bring the veneers to him, he would pay me for it; you may depend upon it if I had gone to steal such things as these, I should not have gone in open day light.

Prosecutor. They are my veneers.

GUILTY , aged 24.

Transported for Seven Years .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-70

199. JOHN READING was indicted for feloniously stealing on the 18th of February , a jacket, value 6 d. and two saws, value 8 s. the property of John Byrom .

JOHN BYROM sworn. I am a carpenter , I lost these things last Tuesday, from some buildings in Cummin street Pentonville ; at twelve o'clock I went to dinner, and I returned at half after twelve, which was before our usual time; I met the prisoner at the bar, with part of a flannel jacket in his pocket (that I work in), the

sleeves were hanging out of his pocket, they are partly torn, it gave me a suspicion that it belonged to me; I had a partner with me at the same time, I desired him to have an eye to the man, and I would see whether all was safe; when I got there, I slightly looked upon the bench, I could not see the jacket, I immediately turned back again, and followed the prisoner; the place where I took the prisoner was about one hundred and fifty yards from the building, I seized him by the collar; and charged him with having some of my property about him; with that he began drawing the jacket from his pocket, and cast it to the ground; my partner came up, and he says, I believe on the other side of him he has got something else belonging to some of us, and under his coat we found two saws; he began shuffling, and drawed the saws from under his coat, and cast them under the wall, by the side of the path; we were then walking up Collyer-street.

- BARKER sworn. I am a carpenter; we met the prisoner about forty or fifty yards from the building; seeing the jacket in his pocket, we suspected that he had got something of ours; my partner went to the building to look if all was safe, he came back and pursued him; I saw two saws under his coat, and the jacket in his left hand pocket; he threw the jacket and the saws on the ground.

THOMAS HUNT sworn. As I was going through Collyer-street, I saw the prisoner coming along; and the young man had hold of him, and just as I got up to them, I see the prisoner drop the saws.

Prisoner. I never saw that man before.

Court. He saw you before he says.

(The property produced and identified by the prosecutor.

Prisoner's Defence. I had nothing to do with them things I never saw the saws, they have been swearing false, I never took any thing away from them.

GUILTY , aged 52.

Confined Two Years in the House of Correction , and fined One Shilling .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-71

200. MARY Mac CABE was indicted for feloniously stealing, on the 21st of January , ten yards of ribbon, value 5 s. the property of John Smith and Richard Cox .

RICHARD COX sworn. I live in King-street, Covent Garden , I have a partner, his name is John Smith , we are haberdashers . On the 21st of January I was called down stairs, the prisoner was in the shop.

DIANA SMITH sworn. Q. You live with Mr. Cox. - A. Yes, the woman came into the shop between five and six o'clock, on the 21st of January, she asked me to shew her some ribbons, I took the drawer out to shew her some ribbons, and after she had stood a few minutes, she took a piece out of the drawer.

Q. Did you see her. - A. Yes, she put it under her apron; I then rung the bell, and Mrs. Smith and Mr. Cox came down; Mrs. Smith asked her what she had got under her apron, the woman said nothing, she then took up her apron and took the ribbon from her.

MARY SMITH sworn. Q. Do you know any more. - A. Nothing more than I took the ribbon from her; I asked her what she had got in her apron; she said nothing, I immediately took it from her; I produce the ribbon.

Prisoner's Defence. I went into the shop, my apron was too long for me, I held it up because I would not tread it under my feet, I had the ribbon in my apron, but I am innocent of what that gentleman says.

GUILTY , aged 18.

Confined Twelve Months in the House of Correction , and fined One Shilling .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-72

201. JOHN OBEE was indicted for feloniously stealing on the 25th of December , a half guinea, a seven shilling piece, two shillings, and a six-pence ; the property of Henry Gascoigne .

HENRY GASCOIGNE sworn. I am a publican , I keep the Plow, in Broad-street, Carnaby-market ; on the 25th of December the prisoner came to my house and ordered a pint of hollands to be sent to No. 27, in the same street, and change for a one pound note, which I sent; half a guinea, a seven shilling piece, and two shilling and six-pence; I produce the note he sent for the change.

ANN HUSSEY sworn. I am a servant to Mr. Gascoigne.

Q. You are the person that carried the hollands. - A. Yes, I was to take it to Mr. Barker's, No. 27, Broad-street; I took the gin, and when I got to the door of No. 27, the prisoner at the bar asked me if I had got the change, I said yes, he gave me the note in my hand, and I gave him the seven shilling piece, the half guinea, and two shillings and six-pence.

Q. Can you read. - A. No.

Q. Are you sure that is the man. - A. Yes, I am perfectly sure that is the man that took the money from me, he desired me to give the liquor in the house and to say that he was just gone round the corner; I knocked at the door, and a lady came, I asked the lady if the liquor was for her, she said no, I told her a man had ordered it to be brought there, he had given me a one pound note, and told me to take it in, the lady asked me if I had given the change, I said yes; I asked the lady to look at the note, she said it was a bad one, I asked the lady to be so kind as to go home with me, which she did.

Q. How soon afterwards did you see the prisoner. - A. On the 24th of last month.

Gregory. It was the 14th of this month I took him to the office.

Q.(to prosecutor) Are you sure that he is the same man that came to order the hollands. - A.Yes, I am sure that he is the man, he gave me the order himself; he has altered his dress very much, he is the same man.

WILLIAM PETHERIC sworn. On the 26th of December last, I went into Mr. Gascoigne's house, Broad-street, I asked him to give me a description of the man; finding he had been defrauded of a one pound note, he gave me the description; and on the masquerade night, the 13th of this month, the young man that is here gave me an account that there were some bad people lurking about the Opera House in the Hay Market, among whom I saw the prisoner at the bar; he shunned me, I went up to him, I asked him how business went with him, he said you are an insolent fellow, what do you mean by that; I called to Gregory to lay hold of his hand,

he put his hand in his left hand pocket; Gregory came, he said he had got a counterfeit two pound note, which he had throwed away, resembling the one which Mr. Gascoigne took.

- GREGORY sworn. Q. You know no more than Petheric. - A. When I catched him by his hand, I said what are you about; he threw the note away; the note is here.

- BERCHER sworn. I am a tailor by trade; Mr. Gascoigne came to a public house to look at a man, he could not identify that man, he gave me a description of the prisoner at the bar, I told him I knew the person, and in the course of a day or two I would get him apprehended; I was in company with Gregory and Petheric, I said here is some suspicious people here, I says catch hold of him, they did, but before they could catch hold of his left hand, he pulled out the note from his left hand pocket, and threw the note away, which is in your possession.

Prisoner's Defence. I am entirely innocent of the charge that is laid against me.

GUILTY , aged 20.

Transported for Seven Years .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-73

202. JOHN WHALEY was indicted for feloniously stealing on the 12th of October , a cheese, value 10 s. the property of William Hudson .

WILLIAM LAMB sworn. I am shopman to Mr. Hudson, a cheesemonger , No. 17, Castle-street, Liecester-square . On Saturday, the 12th of October, 1805, about ten o'clock in the evening, I was standing behind the counter, I perceived a person taking a cheese out of the shop, I pursued him, and took him with the cheese on his shoulder, I asked him where he had got the cheese from, he told me that two men gave it to him; I immediately gave him to a watchman; he was taken to St. Ann's watch-house, and the cheese likewise.

Q. Was the cheese standing in the shop. - A. Yes, about a quarter of a yard from the door.

Prisoner. I would wish him to say whether it was me or no, I have been to sea six months, and the charge that is laid against me is not above four months ago.

Court. (to witness) How came you to keep him so long in goal. - A. He broke out of the watchhouse, and made his escape.

Jury. You do not say that he took it out of the shop after all. - A. Yes, I followed him, and took him with the cheese, he was never out of my sight.

JOHN HAWTHORN sworn. I am a constable and watchhouse keeper. On the 12th of October last, between ten and eleven o'clock, the prisoner was brought to the watchhouse by the prosecutor, I took charge of him for stealing this cheese; I locked him up.

Q. Are you sure he is the same man. - A. I am sure.

Q. Perhaps you had known him before. - A. I had seen him many times before; the cheese has been in my possession ever since; he broke out of the watchhouse on Sunday, when me and my wife were at dinner; I happened to hear that he was in Bridewell, I lodged a detainer against him; I found him in Bridewell; I produce the cheese.

Lamb. I am sure it is my master's cheese, and I am sure he is the person.

Prisoner's Defence. That gentleman came to the goal where I was sent to by the lord mayor for a month, he brought a watchman with him, he asked that man if I was the young man that he had in custody; he told the man he did not think I was the man.

Hawthorn. I had no watchman with me, I had only another constable with me, that came to lodge a detainer against him.

GUILTY , aged 17.

Transported for Seven Years .

First Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-74

103. STEPHEN BOSARY , FREDERIC BERLIN , and PETER COSLING , were severally indicted for feloniously stealing, on the 25th of January , six rows of gold beads, value 11 l. 14 s. eight rows of gold beads, value 21 l. 12 s. four rows of gold beads, value 14 l. 8 s. six rows of cornelian beads, value 3 l. 18 s. six rows of gilt amber beads, value 4 l. 4 s. six string of cornelian beads, value 11 l. 11 s. six strings of coral beads, value 18 l. 7 s. three dozen round gold wires, value 1 l. 5 s. one dozen of oval gold wires, value 2 l. 2 s. two dozen pair of gold ear bobs, value 4 l. 16 s. four dozen pair of gold ear bobs, value 9 l. five pair of fancy gold earrings, value 3 l. one pair of fancy gold earrings, value 18 s. two pair of fancy gold earrings, value 2 l. 16 s. three pair of fancy gold earrings, value 3 l. 15 s. one pair of fancy gold earrings, value 1 l. six gold watch keys, value 6 l. 6 s. two gold watch keys, value 2 l. 2 s. two gold watch keys, value 2 l. 2 s. one gold neck chain, value 1 l. 5 s. one gold neck chain, value 3 l. 18 s. one gold neck chain, value 6 l. 18 s. one gold neck chain, value 7 l. 7 l. four pair of gold sleeve buttons, value 6 l. 12 s. two pair of gold sleeve buttons, value 3 l. 14 s, three silver essence boxes, value 6 l. 6 s. four fancy gold rings, value 1 l. 12 s. four fancy gold rings, value 1 l. 2 s. three fancy gold rings, value 2 l. 3 s. one fancy pearl ring, value 1 l. 3 s. one topaz ring, value 2 l. 3 s. twenty-six snuffer: stands, value 2 l. 2 s. four dozen pair of snuffers, value 4 l. 16 s. two dozen pair of snuffers, value 2 l. two gold broaches value 2 l. three gold broaches, value 3 l. 3 s. two gold broaches, value 1 l. 6 s. one goldbroach, value 1 l. 8 s. two gold broaches, value 4 l. three gold seals, value 4 l. 19 s. one dozen pair of scissars, value 1 l. 4 s. one dozen pair of scissars, value 1 l. 19 s. one dozen pair of scissar cases, value 2 s. 6 d. one dozen of razors, value 18 s. one dozen of razors, value 1 l. 12 s. one dozen of razors, value 2 l. eighteen double razor cases, value 6 s. three silver pencil cases, value 10 s. 6 d. five dozen of pencil cases, value 1 l. 2 s. 6 d. four dozen of pencil cases, value 1 l. 4 s. 6 d. a sliding tooth pick, value 7 s. six sliding tooth picks, value 1 l. 1 s. two jewelled gold watches, value 29 l. 8 s. two pearl rings, value 5 l. 10. one gold broach, value 18 s. and one gold broach, value 1 l. 2 s. the property of John Mitchell and John Upham ; and

Four other Counts for like offence, only laying them to be the property of other persons.

The indictment was read by Mr. Bolland, and the case was stated by Mr. Alley.

- ROBINSON sworn. Examined by Mr. Bolland. Q. Where do you live. - A. I live in Leadenhall-street, I am a goldsmith and jeweller, my partner's name is John Cade .

Q. Did you in the early part of December execute an order for Messrs. Mitchell and Upham. - A. I did, they were to be sent to the West India islands.

Q. What goods were they you packed up for Messrs. Mitchell and Co. - A. I have an entry here in my own handwriting.

Court. What ship were they to go by. - A. The book will shew. (producing it.)

Mr. Knapp. Is that book in your own hand writing. A. The entry is my own writing, it is dated on the 2d of December; the mark and number of the trunk is G. C. 135; they were to go by the ship, Burthen, Captain Smith.

Mr. Alley. You have heard all the articles read by the clerk. - A. I have.

Q. Were they all contained in that box. - A. They were; I delivered the box to our servant, to be carried to Botolph's wharf.

Q. Have you seen any of the articles since. - Q. I have; they were part of the articles that were packed in that trunk.

JOHN HIGGINS sworn. Examined by Mr. Bolland. Q. You are porter to Messrs. Cade and Robinson. - A. I am.

Q. Do you recollect in the month of December, receiving a box, marked G. C. 135, and going to Botolph's wharf with it. - A. I do recollect going with a porter, with a box of that description; it was to go to Jamaica, in the ship, Burthen, captain Smith.

Court. (to Mr. Robinson) Did you see any of the contents put into the packet. - A. Yes, they were packed under my inspection.

TIMOTHY HEWLETT sworn. Examined by Mr. Alley. I believe you are a wharfinger at Botolph's Wharf. - A. I am.

Q. Do you remember the last witness coming to Botolph's Wharf, with the package G. C. 135. - A. Yes.

Q. What ship was it to go by. - A. The Burthen, captain Smith; I have got a note of it in my pocket.

THOMAS BAXTER sworn. Examined by Mr. Alley. I am servant to Mr. Robinson; I took the trunk to Botolph Wharf, I know the mark, but not the number; it was marked G. C. I delivered it amongst others.

ROBERT BROWN sworn. Examined by Mr. Alley. I am one of the officers belonging to Shadwell; I took Bosary in custody about five o'clock on the 25th of January, in High-street, Shadwell.

Q. Was any person with you when you apprehended him. - A. There was a person with me when I took him of the name of Lumley; I took him then to his lodgings, I told him to go up stairs.

Q. When you searched him and the woman, what did you find upon them. - A. I found upon Bosary two gold watches, two gold seals, two gold watch-keys, two gold watch chains, two pair of gold sleeve buttons, two silver essence boxes, six rows of cornelian beads, four razors, and one silver ring, that is all that I found upon him.

Q. Did you in his presence search his lodgings. - A. I did; I found nothing else in the lodgings; I searched the woman, Elizabeth Holland , and found one of these gold rings; she said in his presence, that she had them of Bosary, he made no answer; there were four duplicates found upon the woman.

Q. I believe you afterwards took the other two prisoners into custody; did you find any thing upon them. - A. No.

Q. In consequence of this you communicated to the prosecutor what you had discovered. - A. Yes, and I proceeded to Portsmouth, and went on board the ship there.

Q. Were you introduced to that part of the ship where the box G. C. had been placed. - A. Yes.

Q. Could you discover the box marked G. C. 135. - A. No such box could be discovered, the others were all right.

Court. (to Baxter) When you delivered this box marked G. C. on board the Burthen, did you see any sailors there. - A. I did, I saw Bosary and Cosling.

EDWARD ROGERS sworn. Examined by Mr. Bolland. I searched Elizabeth Holland , and found two duplicates on her; I searched Cosling and Berlin; I found nothing on them (I produce the two duplicates I found on Holland); I found two gold wires and an essence box, pawned by Mrs. Langdon, agreeable to the desire of Holland, and by the directions of Holland; I found pawned at Mr. Ashbridge's, a gold ring and two silver thimbles.

Court. That is independent of what is discovered by the duplicates. - A. Yes.

WILLIAM SMELLIT sworn. I am an apprentice to Mr. Machim, a pawnbroker; I produce a gold ring set with pearl, pawned by Elizabeth Holland, in the name of Bosary, on the 13th of January.

CHARLES WILLIAMS sworn. I am a pawnbroker's servant, I produce a ring and a broach pawned by Elizabeth Holland , in the name of Brackley.

ELIZABETH HOLLAND sworn. Examined by Mr. Alley. Have you been acquainted with the prisoner Bosary. - A. I am an unfortunate girl, he was along with me the same as another man.

Q. Did he come to you in the month of January last. - A. I cannot say what time.

Q. Were you acquainted with him before he went to sea. - A. Yes, I was with him before he went to sea, I went to Gravesend with him on board the Burthen, I left him there with the ship, and I came to town with the chief mate's wife.

Q. After he came back to London did you see him. - A. I did.

Q. Did he give you any thing to pawn. - A. I cannot say, I was in company with him drinking.

Court. If you tell the truth you will not be prosecuted; if you conceal the truth, and the jury shall be of that opinion, I shall feel it my duty for you to be tried for that offence; tell no more than the truth, but you must tell all the truth.

Mr. Alley. Do you recollect pawning two rings A. Yes.

Q. Where did you get them from. - A. From Bosary.

Q. When did you get them from him. - A. I cannot

say.

Q. Was it before or after he went to Portsmouth. - A. I believe he had been home some time from Portsmouth.

Q. What else did you pawn for him. - A. Nothing else.

Q. Did you and he lodge together in the same lodgings. - A. Sometimes we did and sometimes we did not.

Q. Do you recollect looking into his drawers any time when he was absent from you. - A. I do not know.

Q. I ask you whether you looked into the drawers any time when he was along with you. - A. I did.

Q. What did you see there. - A. I am sure I cannot say.

Q. Did you see any tea and sugar. - A. I did.

Q. What else. - A. I cannot exactly say.

Q. What day was it you looked in the drawer. - A. I am sure I cannot recollect.

Q. You was sober when you went before the justice. - A. I do not know, I believe it was on Sunday morning I looked in the drawer.

Q. What shape or make were the things that were in the drawer. - A. I saw somewhat in paper, I cannot directly say.

Q. Was it gold, or silver, or brass. - A.They were yellow; I saw some like them that are produced here.

Q. Did you see some razors. - A. I do not know, I saw some; I cannot say they were there.

Q. So sure as you are committed, I will prosecute you; tell the truth and you will be protected; upon your oath what did you say before the magistrate you saw in the drawer. - A. I saw something wrapped up in paper, it was somewhat yellow; I told the justice then; I cannot recollect now; there were two things that went round the neck.

Q. What do you call the things that go round the neck. - A. I do not know.

Q. Is it not a necklace; something else goes round the neck, sometimes, to people that do not tell the truth; you saw two necklaces. - A. Yes.

Court. Had they the appearance of gold or silver. A. They were yellow; and I saw some razors done up in paper, there was more than three or four.

Q. What became of these razors and necklaces. - A. Stephen Bosary had them.

Mr. Alley. Did you see any thing that went round the finger. - A. I saw two.

Q. Them you pawned, did you see any more. - A. No.

Court. Did you see any rings in the drawer. - A. I did not.

Mr. Alley. I suppose you know what a watch or a clock is. - A. Yes.

Q. Did you see anything of that sort. - A. I did not.

Q. Did the prisoner wear a watch. - A. I never see him with a watch; when he wanted to go out, I was obliged to go down stairs to see what o'clock it was.

Court. You talk of drawers, whose drawers were they. - A. They were drawers that were in the lodgings.

Q. Who put these things in the drawer. - A. I do not know, I did not put them there, nor did I see who put them there.

Q. Did other men visit you besides Bosary. - A. Yes.

Q. Then whether they were put there by Bosary, or the other men, you cannot tell. - A. I cannot.

Mr. Bolland. (Q. to Robinson) Look at the watches. - A. That watch is one that was packed up, and the other also; we have our name and number on them.

Q. They were found upon Bosary; can you swear to these things produced by Brown. - A. I have every reason to believe that these were a part of the package.

Q. The watches you swear positively was a part of the package. - A. Yes.

JOHN MITCHELL sworn. Examined by Mr. Alley. What is your partner's name. - A. John Upham .

Q. What is the name of the captain of the ship. - A. James Smith .

Court. (to Rogers) Did you see these other men with Bosary. - A. No, we took them at a different house, half a mile from where Bosary was.

Q.(to Holland) Did you know these two other men. - A. I do not.

Q. Did you never see them. - A. Yes, once on board the ship.

Q. Have you seen them after they left the ship. - A. Berlin was with Bosary about ten minutes after he returned from the ship; that was a week after Bosary came back.

Berlin and Cosling were not put on their defence.

Court. Gentlemen, you must acquit Berlin and Cosling; if they can render any service to Bosary they may.

BERLIN, COSLING,

BOTH - NOT GUILTY .

Bosary's Defence. As we lay at Portsmouth, the cook said he would leave the ship, the first boat that came by; he asked me to give him a bag to put his things in; I told him I had but one bag, and that I wanted myself; well, says Francis, the cook put my handkerchief, containing my shoes, in your bag; I saw the handkerchief with the shoes put in my bag, but I did not know what else was in it; I jumped over into the boat, I did not like to stay in the ship; I saw two men in the boat, I thought the cook was in it; when I opened the bundle, I said the cook must be a bad man, there must be some bad thing done in that ship.

Court. You mean to say that you had the things of the cook, and that you did not know that they were there. - A. I did not know that they were there.

Q. Have you any body to prove that. - A. No, I was never in London before, they all are in the ship that know it.

Q. Here is these two men that stand by you; if they know any thing that may be of service to you, you may examine them. - A. They do not.

GUILTY , aged 37.

Transported for Seven Years .

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18060219-75

204. JOHN CARTER was indicted for feloniously stealing on the 15th of February , four pound

weight of soap, value 3 s. the property of William Cleaver and Edward Cleaver .

EDWARD CLEAVER sworn. I am in partnership with my brother William Cleaver ; we are soap manufacturers . On the 15th of February, about half past ten o'clock, I discovered some soap concealed.

Q. Was the prisoner your servant. - A. No, he was the excise officer on duty.

Q. How was this soap concealed. - A. In a room in the manufactory, between the cieling and the floor. In consequence of discovering it, I kept watching, and at half past twelve o'clock at night I observed the prisoner now at the bar coming into the room where the soap was concealed; I saw him put his hand in a situation to take the soap, which he apparently did, and then he put it into his pocket; I did not say anything to him, but waited; in the course of half an hour the other officer came to relieve him.

Q. Could he see you. - A. He could not. When Dunstan, the other officer, came, the prisoner then was going away; I went from the place where I was to look, that I would be sure of it.

Q. You had no doubt before. - A. I had no doubt; finding the soap gone, I called to my brother that he might stop him.

Q. Did you mention it to the other excise officer. A. No, not a word of it; my brother stopped him, and the soap was taken from him in our accompting-house.

Cross-examined by Mr. Knapp.

Q. Did you see it. - A. I saw part of it took from him.

Q. Why did not you mention it to the other excise officer. - A. We wished to keep it as secret as possible; he knew of it afterwards.

Q. The other officer was on the premises when he was detected, you saw him did not you. - A. Yes.

Q. As he passed you it was very easy for you to have called him, you might have done that. - A. We might, to be sure.

Q. How long had this man visited you. - A. Six weeks or two months.

Q. What quantity of soap was there in all. - A. About four pounds, it is worth about three shillings.

Q. When you took this man nobody was present but your brother and yourself. - A. No.

Q. Did you send for a constable. - A. Yes, we searched him before we sent for a constable.

Q. What did the prisoner say. - A. He begged for mercy, and he begged for mercy when the constable came.

Q. When you challenged him did not he give you the soap himself. - A. I cannot say, for the first part, that my brother took from him; the latter part was taken from his pocket.

WILLIAM CLEAVER sworn. I am brother to the last witness; I was waiting down stairs for the officer going out; my brother called out, I immediately went up to the officer, and accused him of having some soap, and insisted upon searching him; he immediately begged for mercy; I told him to go up stairs into the accompting-house; when we got into the accompting-house, he gave me the soap, which we here produce.

Q. Did he beg for mercy after the constable came. A. He did. I am sure this is the soap that he delivered up; it has not been out of our possession ever since, nor he had not been out of our premises before it was taken from him.

Prisoner's Defence. I declare myself innocent as to my intention of taking the soap; finding it in a secret place, I took it.

Q.(to prosecutor) Did he say he took it because it was in a secret place. - A. No, the very word that he first said, was begging pardon.

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

GUILTY , aged 25.

[The prisoner was recommended to mercy by the jury, on account of his good character.]

Confined Six Months in the House of Correction , and fined One Shilling .

First Middlesex Jury, before Mr. Common Serjeant.

Reference Number: t18060219-76

205. ELIZABETH BARROW was indicted for feloniously stealing on the 12th of February, three aprons, value 3 s. a pair of sleeves, value 6 d. three petticoats, value 9 s. six sheets, value 30 s. half a sheet, value 1 s. a gown, value 2 s. and twenty handkerchiefs, value 15 s. the property of Nathan Moses .

ELIZABETH MOSES sworn. My husband's name is Nathan Moses ; we keep a clothes shop in the Change, Rosemary-lane ; I know nothing of the robbery.

MARY LEVY sworn. I live in Rosemary-lane; I collect the rents in the Change. On the 12th of February, a little after eight o'clock, my little girl was coming through the Change, she told me there was a woman in there; I went up to her, and asked her which way she came there, she said she was very much intoxicated, and which way she came in; she could not say. I| saw a bundle lay by the side of her, I asked her what bundle that was, she told me she had brought it from the country; and seeing her have something in her apron, I opened it, and found two dimity petticoats wrapped up, she told me they were her own; I then went about the Change to see if all the lockers were safe; I found one open, I lifted up the lid, and found a vacant place, which had the appearance of something being taken out; I knew whose locker it was, I sent for the prosecutrix, and detained the prisoner.

THOMAS GLOVER sworn. I was sent for to take the prisoner into custody; I produce the property (The property identified by the prosecutrix).

Prisoner's Defence. When I awoke in the morning I did not know how I came there; the bundle I had for a pillow when the man came in.

Q.(to Glover) Where were these two aprons. - A. They were tied round her person.

GUILTY , aged 37.

Confined Six Months in the House of Correction , and fined One Shilling .

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-77

206. JOHN DETHERIDGE was indicted for feloniously stealing on the 17th of February , four

pound and a half of metal, value 5 s. the property of Thomas Allen .

The case was stated by Mr. Walford.

GEORGE LONGSTAFFE sworn. Examined by Mr. Walford. You live with Mr. Allen. - A. Yes, he is a brass-founder . On the 17th of February in the morning, when the prisoner was at work, I observed him go to the privy, which is in the shop; he had something in his apron; I informed my master of it.

GEORGE CROSSLEY ALLEN sworn. Examined by Mr. Walford. Did you, from the information of the last witness, bring the prisoner back. - A. Yes, I told him what I charged him with; he pulled out one piece of metal, and refused pulling out any more without a constable being present, for fear I should swear to that which he had not got; I sent for an officer; he was searched; the officer has got the property.

EDWARD TRING sworn. Examined by Mr. Walford: I apprehended the prisoner, and found upon him this brass, which I produce.

Allen. They are my father's property.

GUILTY , aged 29.

Confined Six Months in the House of Correction , and Whipped in Goal .

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-78

207. GEORGE SAUNDERS , WILLIAM ARNOLD , and WILLIAM SMITH , were indicted for feloniously stealing on the 17th of January , one hundred pound weight of lead, value 20 s. the property of Griffith Griffiths , clerk, rector of the parish of St. Paul's, Shadwell ; and

Three other Counts, for like offence, only varying the manner of charging them.

The case was stated by Mr. Knapp.

JOHN HANBURY sworn. Examined by Mr. Knapp. I am one of the churchwardens of the parish of Shadwell , Samuel Kenney is the other churchwarden.

Q. Who is the rector. - A. Griffith Griffiths .

Cross-examined by Mr. Alley.

Q. Do you know whether he was ever inducted. A. I have not a doubt of it, he has been in the possession of the incumbency about four years.

JAMES HAVELL sworn. Examined by Mr. Knapp. I am the son of Thomas Havell , my father is a plumber, glazier, and painter, living at Shadwell.

Q. Do you know the prisoner at the bar. - A. Yes; on the 17th of January, they all three came to my father's shop door, about nine o'clock in the morning, they asked whether Mr. Cooper was at home, I told them he was not, but they might leave the lead. (I did not say my father had taken his business, Mr. Cooper being dead.) They left the lead, and I told them they might call again the next day; they came the next day, my father was at home; I was present.

Q. Tell what they said about the lead. - A. The coal meter's man, Francis, he came to receive the money for the lead; the prisoners came in about an hour, I was not present then, I was sent after Mr. Brown, the officer, and when the officer came they were gone.

Cross-examined by Mr. Alley.

Q. Did two, three, or four men come. - A. Francis made four.

Q. Your father is a plumber. - A. Yes.

Q. He is a very honest man, I am sure he would not buy any stolen lead. - A. He would not.

Q. And he brings you up in the same honest way; you had no doubt but they came honestly by it, and so you desired them to leave it. - A. Yes.

THOMAS HAVELL sworn. Examined by Mr. Knapp. Q. You are the father of the boy. - A. Yes, I saw the prisoners on the 17th of January; three of them came to my house about ten o'clock in the morning, they informed me that they had left some lead about an hour before at my house; they informed me that they had got this lead in a ditch between my house and Mile End road; I told him I was sure it was stolen from some place or other by the appearance of the mark of a crow bar wrenching it from some wall; the reply made by Saunders was, I have not the least doubt of that business, we found it in a ditch, it must have been stolen from somewhere; he asked me if I would not purchase it of them, they assured me they had found it there, and they could bring witness to prove it; they mentioned a Mr. Sumner, a coal meter, that came by at the time, who saw them take it out of the ditch.

Q. You gave some instructions to Mr. Rogers, the officer. - A. Yes, and Rogers came into my house, and apprehended them when they came to see if I would purchase it, about an hour or two afterwards.

Cross-examined by Mr. Alley.

Q. After this lead had been left with you, and you told them you supposed it was stolen, they called again. - A. Yes.

Q. The lead is laid to be the property of the churchwardens of Shadwell. - A. Yes.

Q. That is only a stone's throw from your house. - A. Yes.

Q. Smith said to you, we have found the lead very fairly, he said he would go to the police office himself, after you had told him what Rogers has stated. - A. Yes, he said he would go himself.

Q. And after that Rogers took him in custody. - A. Yes.

THOMAS FRANCIS sworn. Examined by Mr. Knapp. Q. You are a servant to Mr. Sumner, a coal meter. - A. Yes. On Friday the 17th of January, about half past eight in the morning, I was coming across Shadwell Fields, I saw Saunders by a ditch.

Q. Had you observed any thing in any ditch before you was shewn it by Saunders. - A. No, he told me there was something black in the ditch, like lead; after that curiosity led me to go back, and when I looked I saw it was lead by poking it with a stick; it was about six inches under water; Saunders told me he passed it about half after seven o'clock in the morning, he would have picked it up, but being by himself, if he had been detected, he had no witnesses to prove that he did. not steal it; I made answer, you have got plenty of witnesses now that we have found it under water, laying in a ditch, so now we will pick it up.

Q. How many witnesses had you. - A. The three prisoners, me, and my master Mr. Sumner; we got

it up out of the ditch; afterwards we rather paused what we should do with it; we thought it best to take it to the first plumber's shop to sell it.

Court. Gentlemen, it is needless to go on; we must believe the witness on the part of the prosecution. How can we say these men stole the lead; it might have been stolen by somebody else.

NOT GUILTY .

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-79

208. GEORGE SAUNDERS, WILLIAM ARNOLD , and WILLIAM SMITH was again indicted for feloniously stealing on the 17th of January , a wooden trunk, value 1 s. 6 d. the property of the rev. Griffith Griffiths ; rector of the parish church of St. Paul's, Shadwell ; and

Three other Counts for like offence, only varying the manner of charging them.

Mr. Knapp, (counsel for the prosecution) declining to offer any evidence, they were

ACQUITTED .

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-80

209. MARY ANN GREEN was indicted for receiving stolen goods, knowing them to have been stolen .

Court. The persons having been tried for stealing these goods, were acquitted, therefore she cannot be a receiver.

NOT GUILTY .

Second Middlesex Jury, before Mr. Recorder.

Reference Number: t18060219-81

210. JAMES HUGHES was indicted for, that he on the 17th of January , went to the warehouse of Philip James Knight and Thomas Parke , and did unlawfully, designedly, and falsely, pretend that he came to look out some shawls for Samuel Taylor and James Newbury , they being persons well known to the said Philip James Knight and Thomas Parke , by means of which said false pretence, he then and there, unlawfully, knowingly, and designedly did obtain two shawls, of the value of 7 l. 7 s. the goods of the said Philip James Knight and Thomas Parke , with intent to defraud them thereof .

PHILIP JAMES KNIGHT sworn. I am a shawl manufacturer , I live at No. 134, Cheapside.

Q. Who are your partners. - A. Thomas Parke : on Friday morning, the 17th of January, the prisoner at the bar came to our warehouse, he told me that he came from the house of Taylor and Newbury, of Walworth, for some shawls for them; they are customers of ours; he said they would be much obliged if I would let them have the shawls on sale of return, meaning, that if he did not suit the customer that they were: to be shewn to, that they might be sent back; I told him we never let any shawls go out on return, that if he looked them out, I should consider them as bought, he said he hardly knew what he should do, whether to take them or not; I recommended him to go home and tell his principal what I had said, that we would not let them have them on sale of return; I told him if he would stop till the following morning, that we should have a fresh assortment in from the manufactory, and that then he might probably better please himself; he went away at that time and come again the same afternoon, he said he was come again, sent by the house, and that he must have some rich shawls; the most particular prices that I told him was shawls at four guineas and a half each, shawls at three guineas and a half each, and shawls at thirty-eight shillings each; I mentioned different prices between those, but that is not material. He said he was at a loss what to do, which price to take, whether the shawls at three guineas and a half, or the lower price which I shewed him at thirty-eight shillings, which created a suspicion in me; it appeared strange that he should not know whether he should take those at three guineas and a half, or those of thirty-eight shillings, especially as there were prices between that which he had been shewed. On the strength of that suspicion, I wrote upon a little bit of paper to my warehouseman,

'John follow him to Aldgate;' he did.

Q. What shawls did you give him. - A. Two shawls of three guineas and a half each; these are the shawls that he pitched upon; I am sure of his person, I had a great deal of conversation with him.

JOHN CADWALLADER sworn. I am a servant to Messrs. Knight and Parke.

Q. Do you remember this prisoner being at your shop. - A. Yes.

Q. Did you follow him according to your master's directions. - A. Yes; he went down Cheapside to go to Aldgate; he come through Goldsmith-street towards our warehouse, back again, he crossed towards Gutter-lane, and come the back way to Newgate-street, through some courts; he went up Holborn into Oxford-street; in Oxford-street. he went into Mr. Foster's, a linen draper; I passed the door, I saw him open the parcel on the counter, I went into the shop and passed the prisoner, and went to Mr. Foster; who stood at the far end of the shop; I asked Mr. Foster if he knew the prisoner, he said he did not; I asked him if he had offered the shawls for sale, he said he had; I begged Mr. Foster to let him be secured; he was secured and the shawls too.

Prisoner. All the witness says, I know nothing at all of it; I will explain by and by how I got the shawls.

- FOSTER sworn. You live in Oxford-street. - A. Yes. I am a linen draper. On the 17th of January, the prisoner came into my shop, opened a paper parcel, and enquired if I would buy some shawls that he had got.

Q. How many. - A. Two; I enquired what the prices of them was; he said three guineas and a half each. Immediately Mr. Knight's man came in and asked me if I knew the person that brought the shawls; I told him I did not: the prisoner was secured in my shop.

JOHN WAGSTAFFE sworn. I am a constable, I produce the shawls.

Q.(to prosecutor) Look at them. - A. They appear to be the same shawls.

Q.(to Cadwallader) You followed the man the whole way to the shop. - A. Yes.

Q. Had he an opportunity of disposing of the shawls. - A.He had not.

JAMES NEWBERRY sworn. I live at Walworth, I am a linen draper, my partner's name is Samuel Taylor.

Q. Did you send the prisoner. - A.He is not lived with me since last October; I never saw him after the 19th of October till I saw him before the lord-mayor at the Mansion-house.

Q. You never sent him for any shawls. - A. No.

Prisoner's Defence. My lord, and gentlemen of the jury, my poverty renders me only able to write in my defence, and my mind being so much agitated by the situation in which I am placed, I feel myself under the necessity of craving the indulgence of the court, by submitting the following: I am charged of obtaining these shawls under false pretences, but which shawls came into my possession in the following manner: having met a young man in the street, whom I was in the habit of spending an hour or two in the evening, who informed me that he had purchased a couple of shawls in Ludgate-street; he wished to sell them again; and as I was acquainted with the business, he would be much obliged to me to dispose of them; accordingly I went to a shop in Oxford-street with them; no sooner had I got into the shop than the witness followed me into the shop; the young man that was with me saw him waiting in the shop; he went away on seeing me detained. I have conducted myself

through life in an honest upright way, never having a blemish in my character till the present time.

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

GUILTY , aged 22.

Confined Fourteen Days in Newgate .

London Jury, before Mr. Recorder.

Reference Number: t18060219-82

211. ELEANOR CUMMINGS was indicted for that she on the 25th of January , one piece of false and counterfeited money made to the likeness of and for a good shilling, unlawfully and deceitfully did utter to John Chapman , she at the time of uttering it then and there well knowing the same to be false and counterfeited .

The case was stated by Mr. Knapp.

JOHN CHAPMAN sworn. Examined by Mr. Knapp. You keep the Barley Mow, Long-lane, Smithfield . - A. Yes.

Q. On the 25th of last month do you remember the prisoner coming to your house. - A. Yes, she came in the afternoon, she called for a glass of rum, which I drawed her, and put before her; she gave me a one pound note for payment; I took the one pound note and laid five shillings and six-pence before her, and three pennyworth of halfpence, that made six shillings with the three pence for the rum; I then laid before her a seven shilling piece.

Q. Was the seven shilling piece that you laid before her a good seven shilling piece. - A. Yes, that made thirteen shillings. I turned my head a moment, I saw the seven shilling piece was changed and shoved along the counter; I said to the prisoner in a passion, you d - d hussy you have changed the seven shilling piece; with that I took the remains of the change, and kept the one pound note.

Q. What became of the seven shilling piece that you supposed she had changed. - A. I supposed that she had put it in her mouth; I immediately went out for an officer, and left my wife with her.

Q. Did she say anything else to you before you went for an officer. - A. She said if I could not give her all silver, I must return her the note; when I returned I stood against the door; she said if I would let her go she would take the seven shilling piece, if I would give her the remainder of the change, she knew where to pass it. When the constable came the seven shilling piece was delivered to him; she said it was a good one, I tried it in the scale, it was not a good one.

- CATER sworn. Examined by Mr. Knapp. Did you happen to be in Mr. Chapman's house on that day. - A. Yes, I saw the prisoner there, and I saw two seven shilling pieces in her mouth between her teeth; she told me that her husband was a soldier, and she had come to London to buy some trinkets.

MARTHA CHAPMAN sworn. Examined by Mr. Knapp. You are the wife of John Chapman . - A. Yes.

Q. Were you left in your house with the prisoner when your husband went for a constable. - A. Yes; while my husband was gone for a constable she begged and prayed for the change, and if I would let her go she would pray for me; I heard her rattle the seven shilling piece in her mouth, and I saw her trying to swallow it. I put my hand to her neck, I said you good for nothing woman you are trying to swallow them.

Court. Had she more than one that she rattled about. - A. It seemed as though she had two or three; I said to her you have several in your mouth.

Mr. Knapp. When the constable came in she took one out of her mouth. - A. Yes.

Prisoner. Did not I say to you if you please to give me change for a pound, all silver; you said you could not without a seven shilling piece. - A. That was afterwards.

RICHARD CONSTABLE sworn. Examined by Mr. Knapp. You are a constable. - A. I am; I produce the seven shilling piece; it has never been out of my possession but twice, it was never out of my sight then; it is the same, I took it of the prisoner at the bar.

Q.(to prosecutor) Is that the seven shilling piece she uttered. - A. Yes, to the best of my knowledge; I have no doubt but it is the same.

MR. PARKER sworn. Examined by Mr. Knapp. Is that a good or a bad one. - A. It is a counterfeited one.

Prisoner's Defence. I am innocent of the crime that is alledged against me.

Jury. Did you make any mark on the seven shilling piece. A. I did not; I can swear that the one that I gave her was a good one; I will swear that is the money that I took of her.

Court. Why did not you secure it when you took it out of her hands.

Q.(to constable) What money had she in her pocket. - A. Three halfpence, and a sixpence.

NOT GUILTY .

London Jury, before Mr. Recorder.


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