Old Bailey Proceedings, 28th October 1807.
Reference Number: 18071028
Reference Number: f18071028-1

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 28th of OCTOBER, 1807, and following Days,

BEING THE EIGHTH SESSION IN THE MAYORALTY OF The Right Honourable Sir WILLIAM LEIGHTON , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT HAND BY JOB SIBLY, FOR R. BUTTERS, No. 117, ALDERSGATE-STREET.

LONDON:

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

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 Sir WILLIAM LEIGHTON , knt. Lord-Mayor of the City of London; the Right-honourable Edward Lord Ellenborough , Chief Justice of his Majesty's Court of King's Bench; Sir Alexander Thompson , knt. One of the Barons of his Majesty's Court of Exchequer; Sir William Curtis , bart: Sir Harvey Christian Combe, bart. John Perring , esq. Aldermen of the said City; John Sylvester , esq. Recorder of the said City, Thomas Rowcroft , esq. Claudius Stephen Hunter , 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.

Henry Jackson ,

James Jewster ,

William Plastow ,

John Halsley ,

Thomas Perrin ,

John White ,

Martin Platts ,

Michael Burnett ,

John Malcot ,

Robert Nicholson ,

Davis Cox ,

Joseph Briant .

FIRST MIDDLESEX JURY.

William Smith

Alexander Phillips ,

Benjamin Minnitt ,

Thomas Hawkins ,

John Maberley ,

Thomas Claws ,

John Robertson ,

James Boyd ,

William Wood ,

John Sizeland ,

Sylvester Sapsford ,

Richard Meredith .

SECOND MIDDLESEX JURY.

Charles Slipper ,

John Deakih ,

Thomas Tew ,

Richard Miller ,

James Tindal ,

James Sherby ,

Samuel Bolding ,

James Sparks ,

Thomas Gardener ,

William Smith ,

Gregory Page ,

Nicholas Tipper .

Reference Number: t18071028-1

673. WILLIAM SHARP was indicted for feloniously stealing on the 16th of October , a spring table clock, value 10 l. the property of Justinian Casanager .

JUSTINIAN CASANAGER . Q. Where do you live in town. - A. St. Mary Axe.

Q. Do you know any thing of the loss of a spring table clock from your house. - A. The clock was taken from my house at Potterhill, North Mims, Hertfordshire ; the first that I knew of it was at Marlborough-street office. I was shewn the clock yesterday; me and my family had been in Devonshire.

Q. What part of the house did the clock stand in. - A. In Mrs. Casanager's study; it was a table clock, it stood upon a pedestal.

Q. Had the prisoner anything to do in your house. A. He has worked in my house at times for these twenty years; formerly he was a master carpenter .

Q. How lately had you seen the clock before it was taken. - A. On the 9th of last December.

Q. How lately was he employed in your family. - A. From December, until a few days. I was in Devonshire, except occasionally I came to town.

Q. Did you know whether he was employed to do any work during your absence. - A. Certainly not.

Q. How lately had you seen that clock. - A. I cannot swear to have seen it since the 9th of December last.

- ALDERS. I am a pawnbroker, Berwick-street. On the 15th of the present month the prisoner brought the clock to me to pledge, he said he had been a master carpenter near Hindon in Hertfordshire, he wanted to raise some money, and his name was Joseph King ; he asked a guinea and a half on it. I asked him how he came by the clock, he said his wife's father gave it her twelve years ago; I told him it was a long way to bring this clock for a guinea and a half; he did not know the value of it; he persisted that it was his, and he wanted the clock back; I told him I should not part with him nor the clock unless he could refer me to some respectable person in town. I asked him whether he knew the name on the clock, he said no, he knew the number. The name on the clock is Bellamy. He told me the number was 185; it is 183. I took him to Marlborough-street office, and have kept the clock ever since.

JOHN FOY . I am an officer of Marlborough-street. On the 15th of October the last witness brought the prisoner and the clock to the office; I went to Mr. Bellamy in Pall Mall, I found it belonged to Mr. Casanager; the prisoner said it was his for the last twelve years, and it had been in his family for thirty years. The prisoner confessed to Mr. Casanager that he got in at the window on the night of the 14th of October, and took out the clock.

The property produced and identified.

Prisoner's Defence. I trust myself to the mercy of the court.

GUILTY , aged 53.

Transported for Seven Years .

First Middlesex jury, before Mr. Baron Thompson .

Reference Number: t18071028-2

674. MARY WARD was indicted for feloniously stealing on the 11th of October , a black silk cloak, value 1 l. three petticoats, value 3 s. a shift, value 2 s. three shirts, value 1 s. 6 d. two pillows, value 1 s. two napkins, value 2 s. two caps, value 10 d. a pair of gloves, value 3 d. a waistcoat, value 6 d. two pockets, value 6 d. a looking glass, value 6 d. and seven handkerchiefs, value 3 s. the property of Sarah Turnbull , in her dwelling house .

The prosecutrix not appearing in court, her recognizance was ordered to be estreated.

NOT GUILTY .

First Middlesex jury, before Mr. Baron Thompson .

Reference Number: t18071028-3

675. JOHN KING , alias BENJAMIN GIBBS , was indicted for feloniously stealing on the 10th of October , six wether sheep, value 12 l. the property of George William Jacomb and Edward Woodward .

The case stated by Mr. Alley.

GEORGE WILLIAM JACOMB . Q. You was partner in the purchase of this lot of sheep with William Woodward . - A. Yes.

Q. You bought a lot of sheep at Salisbury. - A Yes. We brought them from there to Willsdon to graze; they were purchased on the 12th of August; in the course of six days after they arrived at Willsdon. I only come to prove the property.

STEPHEN ADAMS. Q. You are a shepherd. - A. Yes.

Q. Had you the care of any sheep belonging to the prosecutors at Willsdon, and what number. - A. Yes; I had forty seven at that time; I had the care of them on the Thursday before they were stolen; they were stolen on the Saturday night.

Q. It was on the 10th they were stolen. - A. Yes.

Q. Then on the Thursday preceding that you had the care of them. - A. Yes.

Q. That was the 8th when they were given in your care - you marked them. - A. Yes, with this brand.

Q. What is there particular about that brand - A. This brand was altered, it is put the wrong way.

Court What is put the wrong way. - A. The A is put the wrong way upwards.

Mr. Alley. The A stands reversed. - A. Yes, it is S A On Saturday the sheep were in the field. On the Sunday morning about nine o'clock I missed six.

Q. What were they. - A. Wether sheep.

Q. Upon this you gave information to your master. A. Yes.

Q. Have you since that time seen any of the skins which were lost. - A. Yes, I saw two, they were brought up to Bow-street; the others were left behind them; two are here now.

JOHN WHEATLEY . Q. You are a butcher. - A. Yes.

Q. And do business at Bayswater. - A. Yes.

Court. Do you live at Bayswater. - A. Yes.

Q. On Sunday the 11th of this month did the prisoner apply to you to kill any sheep. - A. Yes, about eight o'clock on Sunday morning he came to my house, he said he was going to meet the sheep.

Court. Did he say who they were to come from. - A. From Mr. Richard Fowler . I left him at Park-lane; he asked me how long I should be before I came back again, I said an hour or an hour and a half; he

said he should have the sheep there about the time when I came home, and when I came home the sheep and the prisoner were there. I returned at the time I told him.

Q. How many were there. - A. Six.

Court. When you returned he was at Bayswater at your house. - A. Yes.

Q. What time did you return. - A. About half after ten.

Q. Did he ask you to kill the sheep for him. - A. He asked me in the morning if I would kill six sheep; I replied I would for him or any other man that would pay me; he said what do you charge to kill them and take them to market; I said seven shillings; they were to go to market on the Monday morning.

Q. Do you mean both to kill them and to take them to market for seven shillings. - A Yes, that is a regular price.

Q. Did you in point of fact kill them. - A. Yes.

Q. Did he assist you. - A. Yes.

Mr. Alley. I believe in consequence of some suspicion you did not take them to market. - A. No.

Q.Instead of that you applied to an officer. - A. Yes, I got an officer on Sunday, before I meddled with them.

Q. Did you ask the prisoner what price he had given for them. - A. Yes, he told me that he gave thirty-five shillings apiece for them; I told him I thought he had bought them too dear. The prosecutor came to my house the next day, I was not at home; I did not see him till I came to Bow-street.

Q. And they were all marked alike. - A. Yes.

Court. He could kill the sheep himself, he understood how to kill the sheep himself. - A. Yes, he told me so, he killed two.

Q. Did he appear to you to be a butcher. - A. No, not at all

Q. Did he give you any reason for not killing them himself and bringing them to market. - A. No.

Prisoner. When I came to your house I asked you to kill them, you said yes; I asked you to take them to market you said yes. - A. And you asked me to sell the skins and to sell the fat.

ROBERT POLTER . Q. Did you see the prisoner on the sunday morning spoken of, drive the sheep into this man's place. - A. Yes; I believe it was about ten o'clock; the prisoner asked me to assist him in getting them in.

Q. He had no other person with him at all. - A. No.

Court. Did you observe the mark. - A. Yes.

Q. Did you see the skins after the sheep wore killed. - A. Yes.

Q. Was it the same marks which you saw on the skins after they were taken from the carcases - was it the same mark as you saw before. - A. I did not take notice of the marks.

Q. You did not know the man before, did you. - A. I had seen him before, but not to be acquainted with him.

ROBERT GRIFFITHS . Q. What have you got there. - A. I have two skins; I brought them from the Crown at Bayswater (producing them.)

Q. to Wheatley. Are they the skins that were brought to your house. - A. These are two of them.

Q. Your premises are behind the Crown public house. - A. Yes.

Q. Are you certain they are two of the skins that were brought to your house. - A. Them two are the same skins.

Q. to prosecutor. Look at the skins, and tell me whether they are the skins marked as described. - A. Yes, they are both marked the same; I saw them marked.

Court. Had they that mark put on with the A the wrong way. - A. Yes.

Mr. Alley to Adams. Are them the two skins that you marked. - A. Yes.

Q. See if that mark tallies with the brand. - A. They exactly tally; I am certain they are the same that was marked with this brand.

Q. to prosecutor. When you met this man on the Bayswater road what passed between you. - A. I asked him if he had not taken six sheep to Wheatleys; he said no, he was a stranger, he did not know him.

Q. What day was this. - A. This was on the 12th; I met him on the road.

Q. Had you got the warrant then. - A. No, I was going for the warrant then.

Court. How came you to address yourself to him. - A. From information; I asked him what kind of a man brought the sheep, and the description answered to the prisoner, and also a black dog he had with him. The prisoner said he was a stranger, he came out of Oxfordshire. As we were going back, I said the Crown was in the way, he must go back with me to the Crown at Bayswater; and on the road he ran away.

Q. You went back from going to get your warrant. - A. Yes. He ran about a mile; I called out Stop thief, and he was apprehended immediately almost. I jumped over a hedge and pursued him.

Q. You had not lost sight of him. - A. No, I am certain he is the same man.

Mr. Alley. Did he at any time say where he had got the sheep from, and what he gave for them. - A. Not to me.

Q. Then you took him to Bow-street. - A. Yes.

WILLIAM FOWLER . Q. Your father lives at Brixton Causeway. - A. Yes.

Q. What age is he. - A. Seventy-five.

Q. Do you know whether he ever had any sheep. - A. No, he never had any sheep in his life.

Court. Is he infirm. - A. No, he can go about, but he cannot do any work.

Mr. Alley. I understand you support him. - A. Yes, me and my brother.

Q. Do you know of any other Richard Fowler at Stockwell. - A. Not to my knowledge.

Prisoner's Defence. I was down in Westminster on Saturday morning, eleven o'clock, I was going to take a private house of a publican there; I met a man with the sheep, he said he was going to take them to Stockwell, he said his name was Richard Fowler ; he asked me thirty-five shillings apiece; I gave him thirty five shillings apiece for them; he told me on Sunday morning he would bring them to me at Paddington, as I could not stop. Then I went and looked at the house; I went and drank with two soldiers till the afternoon; after that I staid with a lamplighter till ten o'clock at night. On Sunday morning the man brought the sheep, and I went down to Wheatley's house.

Court. Where did he bring them to you. - A. By Hyde Park corner.

Q. By accident. - A. Yes, at the corner. I met him

there; I took them down to Wheatley's house, and he said he would kill them for me.

GUILTY - DEATH , aged 29.

First Middlesex jury, before Lord Ellenborough.

Reference Number: t18071028-4

676. RICHARD NORRIS was indicted for feloniously stealing on the 4th of October , three ducks, value 3 s. a drake, value 1 s. a cock, value 1 s. and a hen, value 1 s. the property of William Hutchins .

The Case stated by Mr. Curwood.

WILLIAM ATKINS. Q. Where do you live. - A.At Harefield in Middlesex.

Q. Do you know the prisoner at the bar. - A. Yes; on the 4th of October, about eleven o'clock, Richard Norris was going by my gate with a hive of bees; I ran after him to his father's house, I asked his father if he was at home; he said he was not. I went to Mr. Weedon's at Harefield; he came with me to his father's house; there we found another hive, and four ducks and two fowls; they were dead and in their feathers. We waited about his father's house all night for his coming home. Monday morning about six o'clock, he came home; we took him to the public house, and there he owned where he took the bees from.

Q. Did you know these fowls. - A. No; he did not say any thing about the fowls till he came before the magistrate.

Q. What he said before the magistrate was put in writing. - A. It was.

NOT GUILTY .

First Middlesex jury, before Mr. Baron Thompson .

Reference Number: t18071028-5

677. ANN WILLIAMS was indicted for privately stealing from the person of James Summers , on the 3d of October , a pocket book, value 6 d. two bank notes, value 10 l. each, and three bank notes, value 1 l. each , the property of James Summers.

JAMES SUMMERS . I was returning to town from Hammersmith on the 2nd of October, between ten and eleven o'clock, I met the prisoner near the turnpike bar, Kensington , with two other women; she left them and joined me, and after being about ten minutes in her company, walking in the road, she parted from me; in five minutes after that, feeling in my inside coat pocket, I missed my pocket book; it contained two ten pound bank notes and three one.

Q. How lately before had you seen them in your pocket book. - A I had seen them there in the course of the day, when I had last seen my pocket book.

Q. Upon missing them what did you do. - A. I returned and went after the prisoner; I saw her in the company of two other young women and three dragoons. I saw the patrol, and I gave charge of the prisoner; she was taken to Knightsbridge watchhouse and there searched; no property was found on her. Being persuaded that I had had the property, and that she had taken it, I told her if she would give me the property, I would proceed no further with her; but she took a solemn oath at the time that she had not seen nor touched a pocket book, and the pocket book not being found on the prisoner, I dismissed the charge.

Q. How long before you met the prisoner had you felt the pocket book in your pocket. - A. I had not felt it for some hours before that. I left my address in the watchhouse I heard in the morning that the runners had got the prisoner, and had found the money in her possession.

Q. You was not near any of the other women, was you, so that any of them could take it and hand it to her. - A. I was at the first, about a minute, when I met them.

Q. Then you do not know whether you might or might not have lost the pocket book at that period when these three women were about you. - A. I might have lost it at that period.

WILLIAM BUTTERWORTH . I am a patrol belonging to Bow-street office. On the 3d of October, about a quarter past twelve o'clock, I was returning home, I met Summers with the patrol; the patrol told me what had passed, and understanding that three men of the twelfth light dragoons, and three women were together, I followed the party that he described; I found them going into Duck-lane, Westminster. I followed the prisoner and one soldier into her apartment; the moment I entered her room she threw down five pound five in silver and in gold.

Q. Then one of the notes had been changed. - A. Yes; she tucked a one pound note under the bed. I searched the soldier that was in company with her; I found on him a one pound note and twenty shillings in silver; she declared that she had only robbed the gentleman of ten pounds; the next morning she acknowledged to the gentleman that she had taken twenty three pound.

Q. Did you find the pocket book. - A. No, that was burnt with a candle.

Prisoner's Defence. I leave myself to the mercy of the court; the prosecutor promised that if I would own to it. he would not hurt me.

NOT GUILTY .

First Middlesex jury, before Lord Ellenborough.

Reference Number: t18071028-6

678. HENRY JESSOP and RICHARD BROWN were indicted for feloniously killing three wether sheep, value 3 l. the property of John Watkins , with felonious intent to steal the whole carcases of the said sheep .

JOHN WATKINS . I live in Porto-bello farm, in Kensington parish . On Friday morning the 9th of this month, between the hours of eight and nine o'clock, a labouring man came and asked me if I had lost any sheep; I told him I did not know; he said if I would go to the field he would shew me the remains of some sheep that had been killed. I went with him, and he took me to one of my own fields, where I found three sheep skins, three heads with the wool on, three plucks, and the whole of the entrails but the cawls, and two sets of ribs of two sheep; they had the meat off all except three of the ribs.

Q. Had the sheep been kept in that field. - A. No, they had not; they only came to my house the night before.

Q. Were they the night before put into that field. - A. They were not; they were in a field that joins the bridge that goes over to Paddington canal; it was close to the other; nothing but the hedge and ditch parted it.

Q. Did you look in the field where they had been kept, to see whether there was any blood in that field. A. No; they were killed in that field; there were three places in that field where I found the remains.

Q. Then they must have been caught in the other field. - A. Yes.

NOT GUILTY .

First Middlesex jury, before Lord Ellenborough.

Reference Number: t18071028-7

679. ANN GILL was indicted for feloniously stealing on the 15th of September , three cotton window

curtains, value 3 l. and a table cloth, value 2 s. the property of Warrender Pringle , in his dwelling house .

WARRENDER PRINGLE. I live at No. 3, Norton-street .

Q. Do you know the woman at the bar. - A. Perfectly well; she worked for me as a chairwoman . I am a calenderer, I clean furniture .

Q. When was it you missed any part of your furniture. - A. The 21st of September I missed one of the curtains; on searching farther I found there were two others gone, and a table cloth.

Q. Where were your curtains put. - A. They were put up in a drying room; they were articles that I had to callender.

Q. Who had access to that room where they were put. - A. My wife and the prisoner; the prisoner used to go up and bring down the things when they were wanted; we put confidence in her.

Q. When did you see any of these curtains afterwards. - A. On the 23nd, when I took her up; I got a search warrant, and the duplicate was found on her.

Q. Were you present when they were found. - A. No, the officer found it; I saw three window curtains and a table cloth at Mr. Baxter's, pawnbroker, Norfolk street; they were the same that were missing from my house.

JOHN WELLS . I live with Mr. Baxter, pawnbroker, Norfolk-street, Middlesex Hospital.

Q. Is that near where Pringle lives. - A. Yes. On Wednesday the 2nd of September the prisoner pledged two curtains for eighteen shillings; she said they were hers; I gave her the duplicate in the name of Ann Wilson ; on Saturday the 12th of September she pledged a pink curtain for seven shillings, and on the 15th she pledged this table cloth for two shillings.

The property produced and identified.

Prisoner's Defence. I did not mean to do it as a defraud; but having a child, and having a fit of illness, I was in distress; I meaned to redeem them as soon as I recovered from my illness. As soon as they brought the search warrant I delivered up the tickets.

Q. to prosecutor. Was the prisoner in your service at the time she was apprehended. - A. No, she went away on the 15th, she said she was not well.

GUILTY, aged 26.

Of stealing to the value of thirty-nine shillings .

Transported for Seven Years .

First Middlesex jury, before Mr. Baron Thompson .

Reference Number: t18071028-8

680. WILLIAM MONTAGUE and JOHN GADSBY were indicted for feloniously stealing on the 28th of September , four geese, value 8 s. and three ducks, value 3 s. the property of William Hodgson .

WILLIAM HODGSON . On Monday the 28th of September, on going out of my dwelling house. I saw that my ducks and geese were not out; upon opening the door where the ducks were I missed four out of eight, and turning to the other door where the geese were, I missed eight out of twelve.

Q. What o'clock was it. - A. About six in the morning.

Q. Had you seen them the night before. - A. No.

Q. You had not heard of any being missing the night before. - A. No: on the next day I came to London; I met Blackman and Crocker; they asked me if I had lost any geese or ducks, I said I had; they informed me they took two men on suspicion, and had found some ducks and geese upon them.

Q. Did you know either of these ducks and geese upon seeing them again. - A. Yes.

Q. They shewed you some ducks and geese, did not they. - A. Yes; they requested my attendance at Bow-street; these four geese and three ducks were produced at the office.

Q. Upon their being produced did you know any of them to be yours. - A. Yes.

Q. Which of them. - A. One goose in particular, which had a dark wing and a light one.

Q. Was there any thing so particular in the darkness of one wing and the lightness of the other, that enabled you to know it, or was there any other circumstance. - A. Yes, I know it both from the size and the colour; I believe it to be mine.

Q. Besides the colour you believed it to be yours. - A. Yes.

Q. Was Tibble with you. - A. Yes.

Q. Now on one of the ducks was there any thing particular about that. - A. He had put a mark on that. I knew there was a lame duck, I did not know which; one goose was the smallest of the flock, it was lame, and upon that account it was smaller than the rest; I recollected that goose; I had no doubt of these two geese being my property.

JAMES TIBBLE . I am a servant to Mr. Hodgson.

Q. Do you remember these ducks and geese being missed. - A. Yes.

Q. You saw these ducks and geese when Blackman and Crocker produced them. - A. Yes; they all answered to the colour of what my master's were.

Q. The colour is common, was there any particular circumstance that you knew either of them by. - A. There was one duck that had a broken leg; I am sure that was my master's.

Q. Had you observed it for any length of time. - A. Yes, about two years; I knew it to be the same by the broken leg, and the colour was the same; I knew it by the colour and size, as well as the broken leg; it was the left leg, and that had a left leg broken.

EDWARD CROCKER . I am one of the patrol belonging to the office at Bow-street. On Monday the 28th of last month, about four o'clock in the afternoon, I was with Blackman in High-street, St. Giles's; I observed the two prisoners going along the opposite side of the way; one had a sack with him, and the other a bag on their backs. I communicated by suspicion to Blackman, and while we were looking at them Gadsby heaved the sack up on his shoulder; there was a feather came out; we concluded then they had got some poultry; we followed them and took them in custody; on Montague I found four geese in the sack; in his pockets I found nine snares, what is generally used in catching of hares. Blackman searched the other, he found three ducks on him By the magistrate's direction we went down the road towards Edgware, to find out the owner. Montague said he bought them of a man at Bushy; Gadsby said before that he bought his of a man in London in the street. Blackman and I the next day went towards Bushy.

Q. Do these men live at Bushy. - A. Near it. We happened to enquire of the prosecutor's servant as he was driving his master's team if he knew of any person that had lost any poultry; he told us his master had on Sunday night, he told us where his master lived, he told us that his master was behind him in a one horse cart

We were at the Red Lion at Edgware when the master came up; I asked him if he had lost any ducks or geese, he said he had lost nine geese and four ducks; he came on the Thursday following to Bow-street, when the men were re-examined; these are the two wings that we cut off the goose, one is brown and the other is white. Blackman has the foot of the duck that is lame; this is the sack in which the geese were, which I found on Montague.

WILLIAM BLACKMAN . I am an officer of Bow-street. About four o'clock on the afternoon of the 28th of September, I was with Crocker in Broad-street, St. Giles's; Crocker said there is something going along. I think it is poultry; the men were at the corner of Dyot-street, they walked a little further; Gadsby hoisted up this bag on his shoulder, there was a feather flew out, Crocker said it was poultry; we followed them out of Broad-street into High Holborn; I said I will walk them home, we were right opposite the watchhouse; I shoved them into a public house and searched them; in Gadsby's bag there was three ducks. Out of his pocket I took thirteen snares used for catching of hares.

Q. Did you observe the manner in which they were killed. - A. Yes; they were taken up by the head and swung round, and broke the middle of the neck, the necks were broke of every one; they were killed that way because they do not make any noise. Montague said he bought them at Bushy; Crocker examined Gadsby in another room; he said he bought them in town.

Q. Did they name the persons they bought them of. A. They could not tell who they bought them of.

Q. Did you observe any thing particular about one of these ducks. - A It was a lame duck, it was hurt in the foot; the prosecutor's servant swore to it at Bow-street.

Q. Did Tibble make the same observations at Bow-street as he did just now in court. - A. Yes. I have got the foot. (producing it.)

Montague's Defence. I bought mine of a man in Bushy.

Gadsby's Defence. I bought the three ducks of a higler in Oxford-street.

MONTAGUE, GUILTY , aged 41.

GADSBY, GUILTY , aged 31.

Transported for Seven Years .

First Middlesex jury, before Lord Ellenborough.

Reference Number: t18071028-9

681. CHRISTOPHER POLLARD and JAMES JONES were indicted for burglariously breaking and entering the dwelling house of Thomas Bennett , James Clark , and James Evans , about the hour of twelve at night on the 21st of September , with intent to steal, and burglariously stealing therein thirty-six gallons of strong beer, value 1 l. 15 s. their property .

Second-count for like offence, only charging it to be the dwelling house of Thomas Bennett .

THOMAS BENNETT. I live in Compton-street, Clerkenwell ; my partners names are James Clark and James Evans , we keep the Globe brewhouse .

Q. Is your dwelling house on the premises. - A. Yes; I occupy it alone. The front of the house opens into the street, and the back of the house opens into the brewery yard; the yard is enclosed three parts out of four by a wall, and the fourth part by four dwelling houses, one of which I occupy; there is a wall and a small yard to each house, independent of my own.

Q. Is there any wall between your house and the yard. - A. None; my house opens into the brewery yard, and the store house is in the yard. The prisoner Pollard was my watchman ; Jones was the drayman employed by me to take out the beer. On Monday the 21st of September, a few minutes before twelve o'clock at night, the drayman Jones rung the bell; I was watching; I had placed myself near the mill wheel, underneath the stage; I heard the bell ring, Pollard went and opened the gate, he did not know I was there; Jones came in, they went on the stage together; I went through my own dwelling house into the street, I rang the bell and Pollard let me in; I asked him some questions about the brewery, as if I had just come home. I desired him to give me a light and I went into my own dwelling house; he said good night, but said nothing of Jones being there.

Q. Jones had no business there then. - A.None whatever. I went through a small yard which joins the brewhouse yard.

Q. Of your house. - A. Yes; I got over the wall, and got into the brewery.

Q. What occasion had you to do that I understood your back door opened into the brewery. - A. It does, but Pollard would have heard me if I had come out at that door; I had got over another part, and went to my old place underneath the stage. I heard Pollard say, we are safe, he is gone to bed.

Q. Did you know Pollard's voice. - A. I did; they were on the stage direct above me; they both came down the steps of the stage together, Pollard and Jones did; it was dark, but we had a lamp burning on the stage, two or three yards off, where they came from; Pollard had a lanthorn in his hand, they both went towards the storehouse, and Pollard gave Jones the light out of the lanthorn; I could see nothing but that till I went to the store house door, I there saw Jones in the storehouse, he had a candle with him; I saw Pollard standing four or five yards from me; I said what do you do here; before I collared him I saw Jones through the folding doors of the store house; in the middle it does not meet; he was drawing beer from a cask in that store house. The moment I collared Pollard Jones put the light out; I said Jones you may come out, I know you, it is vain to make any resistance. He got out underneath the tiles, they had moved a lath.

Q. When that lath was removed you do not know. - A. I do not.

Q. How high is this place. - A. It is perhaps five feet from the ground.

Q. In what state was the door. - A. It was locked; I had the key; that was the door I looked through.

Q. Would the moving of that lath make room for a person to come through. - A. Yes, it is a sloping place. I desired them to come along with me into the brewery yard, I desired them to call Thomas, my servant, that lived on the premises; my servant got up and called two watchmen. Pollard was taken to the watchhouse; Jones in the act of going through a small door in the gate got away from the watchman.

Q. When was Jones taken. - A. The same night. When I went to the watchhouse there was an officer of Hatton Garden, he went back with me to the brew-house, with a constable: I gave him the keys of the

store house to examine the premises; I went in with him; they had bored a hole in the head of one of the casks; before that when I looked through the crivice of the door, I saw the beer running.

Q. Did you see what it was running into. - A. I did not. The beer was all run out of the ask or nearly. That cask with others were put in about six weeks before as full casks.

Q. Did you see any vessel to receive the beer. - A. There was a two quart pot three parts full of beer; it was standing near to the cask, and the candle laying by it on the floor.

Q. Did you see any vessel for carrying away the beer but the two quart pot. - A. No, but there were about five or six barrels of beer deficient in the store house, within about five or six weeks; that had been bored in a similar way.

Q. Who that was done by you cannot say. - A. No.

Q. What time had Jones done his work that night. - A. At six o'clock; he had no more business there till six the next morning.

JAMES CHESTER . On the 21st of September Mr. Bennet brought Pollard down to me; I took charge of him. I went back along with the police officer to Mr. Bennet's, we saw the place where they took the beer, and the place where they broke in the store cellar. We saw where the beer had been running, and there was a two quart can of beer, and a candle was laying near it. We examined the casks, and apparently five or six were nearly drawn out.

Q. When that was done you cannot tell. - A. We went to Jones's lodgings in a court, close to Fann-street, Goswell-street, there we found him in bed; we brought him down and put him into prison.

THOMAS EKELSOE . I am an officer. I know nothing more than apprehending Jones in his lodgings, and seeing the beer that had run on the floor.

Pollard's Defence. My lord, between eleven and twelve o'clock my fellow servant, Jones, rung at the bell at the gate. I opened the wicket, he came in; he told me he was too late for his lodgings, he wished to sleep in the stable, or hay loft, which I could not think of refusing him, on principles of humanity. We had been brewing that day, consequently there remained a little fire under the copper; I took a little of this fire out in a shovel, put it down on the bricks in the stokehole, put down the gridiron, and broiled me a rasher of bacon for my supper, and was drinking some table beer with it. I went, after letting Jones in into the stoke hole, and he followed me, and we thought of drinking a draft of ale; we went down to the store house, as Mr. Bennet has related, and he went in to draw a little ale in the common drinking pot; he entered this hole, which to my knowledge he never broke; I had noticed it for more than nine months; I had been more than ten months in the house at the time; I had never entered but once myself, when fatigued in working over the stoke hole, as I did not think it an eligible way; Mr. Bennet came in, the consequence was, he gave charge of us; as to the barrels of beer I know nothing of, nor had I any concerns in the place but once, which I have mentioned; other servants were in the house. I do not mean to impeach any. I am not partial to ale, consequently I did not look after it.

Jones's Defence. It was late at night, and I had been drinking with a fellow servant. On my going home to my lodgings, I found they were gone to bed, I did not like to call them up; I came back and rang at the bell, the watchman let me in. I intended to lay in the stable, as I had done once or twice before, when I had been locked out, not thinking this would happen; I was very much in liquor; I got in at the hole which was there before; I got a little beer in the two quart pot, on purpose to drink.

Pollard called no witnesses to character.

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

POLLARD, GUILTY, aged 53.

JONES, GUILTY, aged 23.

Of stealing, but not of the burglary .

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

First Middlesex jury, before Mr. Baron Thompson .

Reference Number: t18071028-10

682. SARAH THORNTON was indicted for feloniously stealing on the 9th of September , in the dwelling house of Abraham Williams , a guinea, thirteen half guineas, and two bank notes, value 1 l. each , the property of Abraham Williams .

SARAH WILLIAMS . Sarah Thornton about the beginning of August came to me, saying her husband had left her, and she was in a deal of distress.

Q. When did you lose the money. - A. On Wednesday, the 9th of September; she left me to go to look after a place, she told me that she had seen lady Shepheard, No. 31, Half Moon-street, she was to engage her for a house maid; she asked for the key of my bed room, to go up and get her clothes; I gave her the key.

Q. Was her clothes there. - A. Yes; she had slept in my bed during the time she was in my house; she brought this shawl down, she said she should take the liberty of borrowing of it for the last time; I took the pattens off my feet and lent her; she promised she would return to engage a child of mine to go as a nursery maid; she did not return at all.

Q. When did you miss your money. - A. I missed it that evening; I went to put my clothes in the drawer, and in the box where I had eight pound fourteen and sixpence, there was only three pound nineteen shillings and six pence left; I found this pocket book was opened. I have a son on board a man of war, I receive his half pay. I missed thirteen half guineas out of this paper. My son-in-law allows me it monthly for my own use. I was laying it up in case he should come home distressed.

Q. How lately had you seen this money. - A. Tuesday night after dark, I counted it. The drawer was locked: it had been opened by a key and locked again.

Q. Who had access to this, had your husband. - A. No. I have been separated from my lawfull husband fourteen years. He is in Hoxton workhouse.

Q. Another person who lives with you as a husband had access to it. - A. Yes. I have been fourteen years with him. I pay the rent and taxes for the house in my own name.

- I am an officer. I apprehended the prisoner and searched her; I found on her one shilling, one penny piece, and a halfpenny, and a small key. I asked her how she could behave so to her friend;

when her friend had behaved so well to her; she acknowledged it was wrong in her doing so, but she did not think it was so much money as they represented it to be; she said the drawers were open, and she took it out of the drawers, and she had been to Portsmouth to find her husband if she could; she had staid there till she had spent all the money except enough to take a coach and bring her back to town.

Q. How came she to tell you all this. - A. I asked her, and she told me.

Prisoner's Defence. I never had the money; the constable promised getting me through the piece if I would acknowledge, and that my mother would forgive me.

Q. Are you related to this woman. - A. I always counted her a mother in law; she is not married to the man that she lives with; I called her mother in law; the man that she lives with was the father of the son that I lived with.

NOT GUILTY .

First Middlesex jury, before Lord Ellenborough.

Reference Number: t18071028-11

683. WILLIAM TREBLE was indicted for feloniously stealing on the 13th of March , a bill of exchange, value 150 l. a bill of exchange, value 190 l. 14 s. a bill of exchange, value 104 l. 6 s. 1 d. and a bill of exchange, value 427 l. 10 s. the property of William Wylde , John Brettel , and Thomas Bolger .

The indictment was read by Mr. Gleed, and the case was stated by Mr. Gurney.

ROBERT COLLINSON . Q. You are clerk, I believe, to Messrs. Wild, Brettel, and Bolger. - A I am; their names are William Wild , John Brettel , and Thomas Bolger , they are bankers , and live at Southwell in Nottinghamshire.

Q. On the 11th of last March did you make up any parcel. - A. I did; it contained bills of exchange to a considerable amount, upwards of four thousand pounds.

Q. Among other bills was there a bill of four hundred and twenty seven pounds ten shillings. - A. Yes.

Mr. Alley. Do you remember that from memory. A. I do not from memory; I will refer to my book.

Mr. Gleed. Mr. Collinson, look at that note, and tell me whether that was one of the notes that was contained in the parcel. - A. It was.

Q. Are you able to speak to that note on inspection. - A. Yes.

Q. Compare that note with the entry in the book.

Mr. Knapp. Did you make that entry yourself. - A. I did; and the entry corresponds with the bill. - (Entry read)

"Macclesfield Bank, March 5, 1807, in two months, payable to William Wright , the sum of four hundred and twenty seven pounds ten shillings."

Mr. Gleed. To whom was that parcel directed. - A. To Messrs. Kensingtons bank in London.

Q. To whom was the parcel delivered. - A. To Eliza Shelton .

Cross-examined by Mr. Knapp. Were there a great many bills of that name on that day. - A. No.

Q. Were there many others on different days. - A. Yes.

Q. Were they Macclesfield bills that you sent up to Messrs. Kensingtons. - A. I cannot say.

Q. A good many bills besides Macclesfield bills found their way from your house to Messrs. Kensington. - A. Yes.

ELIZA SHELTON . Q. I understand you received a parcel from the last witness in the month of March. A. Yes.

Q. To whom did you deliver it. - A. To my father.

Q. Did you receive the same parcel from your father that you had delivered. - A. Yes.

Cross-examined by Mr. Alley. When you receive a parcel you deliver them according to the directions. - A. Yes.

Q. Therefore whether you received it on the day we have been talking of, you cannot tell. - A Yes.

Mr. Gleed. What was the day of the month you received the parcel. - A. On Wednesday the 11th of March.

WILLIAM SHELTON . Q. What are you. - A. I was post master.

Q. I understand you received on the 11th of March a parcel from your daughter. - A. Yes, I delivered it back to her again in the morning in the same state I received it of her.

Cross-examined by Mr. Knapp. You being post master, I suppose at that time you received a great many parcels. - A. Yes.

Q. You have seen parcels addressed to Messrs. Kensingtons before. - A. Certainly,

Q. Then there was nothing remarkable in this parcel from any other. - A. There was the particular time it was delivered, and there was but one went from the house the next morning.

Q. You speak that from your books, do not you. A. At that time I was taking two months account for my own satisfaction; I took it in pencil; I have got it here.

JOHN POTTER . Q. Did you receive a parcel from Mr. Shelton in the month of March. - A. I received a parcel for the mail coach on Thursday the 12th of March; I delivered it to Joseph Gillstrap at the hotel, Newark.

JOSEPH GILLSTRAP . I am bookkeeper at the coach office, Newark, at the hotel; the Edinburgh mail comes to that hotel. I received a parcel of Mr. John Potter . This is my entry of the said parcel. I put it before me in the office till the coach come; then I took the parcel and put it in the pocket of the Edinburgh coach.

Q. That was the Edinburgh mail in the course of its journey to London. - A. Yes.

Q. What day was that. - A. On the 12th of March, I think they said.

WILLIAM RANGHAM . Q. You are an attorney residing in Seething-lane. - A. I am.

Q. On the 12th of March last were you a passenger in the Edinburgh mail coming to London. - A. I was.

Q. What place had you come from. - A. From the county of Durham.

Q. At the time you went there was there another person in the coach. - A. Mr. Watt was there when I came in the coach; no other gentleman then; the other side of York we took in the prisoner and captain Chulmley of the light dragoons.

Q. Did the prisoner come all the way to London with you. - A. All the way.

Q. Do you remember at any part of the journey, after you came to Newark, observing any parcel directed to Messrs. Kensington. - A. Captain Chulmney left us at Grantham, and I am certain I saw the parcel between Newark and Grantham. There were two parcels in the pocket of the coach, one addressed to Messrs. Rhodes. Red-lion-square, and the other addressed to Messrs. Kensington; I took it out of the pocket, and seeing the shape and size of it, I made that observation, that it contained money; and it seemed to me to be a careless manner of conveying a parcel of so much value.

Q. What part of the coach was the prisoner sitting in. - A. He was sitting facing of me.

Q. Have you any doubt that he observed you take the parcel. - A. I have no doubt of it.

Q. When you came to London there was Mr. Watt, you, and the prisoner. - A. No more than us three; captain Chulmney left us at Grantham; we all got out at the post office, Lombard-street. Mr. Watt and I, each got a porter to carry our luggage, he did not appear to have much luggage; he had a pair of small saddle bags, he took them under his arm and walked away, and I believe Mr. Watt accompained him; he said he was going to the west end of the town. Mr. Watt was going to the London coffee house.

Q. How soon did you hear of the loss of this parcel. - A. About three weeks afterwards. I think within a week after that I saw the prisoner.

Q. I believe at that time you did not know the name of the prisoner. - A. Oh no. When I met the prisoner, he was walking between the turnpike-gate at Battle bridge and Charles-street; I rode up to him, I asked him if he recollected me making the observation respecting the parcel I have stated; he said he did; I told him the parcel was lost, and that it contained money and bills to a large amount; that I had been called upon by Mr. Kensington, and I had given him what information I could upon it; I said if he would take the trouble the first time he went into the city to call upon them they would be obliged to him, and I should the same; he told me he should make it his business to call; I told him I had met Mr. Watt a few days before, Mr. Watt perfectly recollected the parcel; when I met him he promised also to call at Messrs. Kensington.

Q. I believe, sir, you did not see the prisoner again till you saw him in custody. - A No, I did not.

Q. You then recollected that he had been a travellar in the coach. - A. Perfectly I did.

Cross-examined by Mr. Alley. If I understand you distinctly, there were five passengers altogether in the coach. - A. No, not more than four at one time.

Q. Then altogether there were five. - A. Yes.

Q. When Mr. Chulmney left you, you never saw the parcel at all. - A. No.

Q. Is is not usual to change the coach. - A. Not between York and London.

Q. Before you came to London, can you undertake to say the prisoner was left alone for a single moment. - A. I do not recollect.

Q. You cannot undertake to say that at any given time the prisoner was alone. - A. I cannot.

Mr. Gurney. You cannot say whether the prisoner was left alone, in the course of the night you went to sleep - A. Of course if we can.

Mr. Alley. You never heard of a man stealing any thing if he was asleep. - A. No.

WILLIAM KENSINGTON . - Mr. Gleed. What are your partners names. - A. John Kensington , and Henry Kensington .

Q. On the 13th of March did you house receive any parcel from the house of Messrs. Wylde and Bolger. - A. No; in the ordinary course of conveyance, we should have received it on the 13th of March. We received no parcel on the 13th.

Q. From whom did you receive that bill. - A. From Mr. Pope.

Mr. Gleed. That is for four hundred and twenty-seven pound ten shillings.

WILLIAM HATHEWAY . - Mr. Gurney. I believe you are porter at the Bull and Mouth inn, to Mr. Willan. - A. Yes.

Q. Do you remember on the arrival of the Edinbugh mail, on the 13th of March, missing a parcel. - A. Yes, I examined the way bill, and missed the parcel; I searched for it and could not find it.

THOMAS SMITH . - Mr. Gleed. You are clerk to Messrs. Arkwrights, who live at Worksworth, who are bankers in Derbyshire. - A. Yes; on the 20th of March a bill was presented at our house for four hundred and twenty seven pound ten shillings, by a person calling himself Walworth. I gave him a bank post bill for two hundred pound.

Mr. Gurney. Just look at that, is that one of the bills you gave him for exchange of the four hundred and twenty-seven pound. - A. That is the two hundred pound bill.

Mr. Knapp. Did you make that entry. - A. I did, the date and number is 902, London, 8th of March 1807.

Mr. Gurney. Did you also give a bill for one hundred pounds, No. 9825, dated 27th of December 1806. - A. This is the same bill that I gave.

Cross-examined by Mr. Alley. This is away from London were you discounted the bill. - A. It is.

Q. Do you remember attending some of the examinations at Hatton Garden. - A. I do.

Q. Did not you see a ten pound bill. - A. I did.

Q. Was not that found upon a man of the name of Knight. - A. I was told so.

Q. It was so stated in his presence, he was under examination for the offence. - A. I was only in the office a few minutes, I was sent for to attend the examination of the prisoner at the bar.

Q. However Knight was there. - A. Yes

JOHN HOBBS . Q. I believe you are clerk in the bank post bill office. - A. Yes.

Q. Will you look at this bank post bill that is produced, and tell me whether that was brought to the bank on the 23d of March last. - A. This is the ticket that I wrote for the bank bill; this ticket was brought to the bank for payment on the 23d of March last, I gave a check on that ticket for another office to pay in notes.

Q. That is the check for one hundred pound. - A. It is.

Mr. Gurney. Give it to me. - A. Yes, here it is.

THOMAS NORTHOVER . Q. I believe you are a clerk in the pay office. - A. I am.

Q. Look at that ticket that has been spoken of by the last witness, did you receive that ticket, and in consequence was any notes paid to the person that brought it. - A. I received that ticket in consequence I made an entry in the book when I paid the bill; Mr. Stalkill called over the number when I paid the hundred pound bill; I gave five twenty pound notes, No. 3036, 7, 8, 9, and 3040, to the party, dated the 6th of March, and 3037, that came into the bank afterwards. I have it in my pocket.

Mr. Gurney. Give it me if you please.

JOHN MILLS . Q. Where do you live. - A. I live in Somer's Town.

Q. Do you know the prisoner Treble. - A. No.

Q. Just look at this bill, do you recollect at what time that bill came to your house. - A. On the 29th of May this bill was brought by Elizabeth Treble , the prisoner's daughter, a little girl; I gave change for it, and at the same time I made a memorandum on it, 29th of March, 1807.

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

Q. Was the same person that you received this hundred pound from produced before the magistrate. A. Yes.

Q. Do you recollect her age. - A. I believe about twelve years old.

Court. This is not evidence, the witness knows nothing of the prisoner (the girl brought into court.)

WILLIAM KENT . Q. Where do you live. - A. I live at No. 20, Charles-street, Somers Town.

Q. Do you know the child that has just stood up. A. Yes, it is the prisoner's daughter; the prisoner lodged with me three quarters of a year. He lodged with me at the time.

Cross-examined by Mr. Knapp. All that you mean to say is, that Mr. Treble lodged in your house at this time, and that is his daughter. - A. Yes.

RICHARD WINCH . Q. In the month of April were you master of the Ship in Feversham. - A. Yes.

Q. Do you remember two persons coming with saddle bags. - A. I remember two men coming on the 8th of April, and being at my house; they were shewn into the travellers' room; I was not at home when they came; I saw them in the house shortly after.

Q. You had seen them in the way to your town. A. I met them.

Q. How long did they stay in your house. - A. Till half past ten the following morning; I took notice of the saddle bags being empty; I verily believe he is one of the men.

JOHN COLTER . Q. Are you a clerk in the Feversham bank. - A. I am.

Q. On the 9th of April last did you receive that bank post bill. - A. I did, from a stranger, calling himself Scolding; I believe the prisoner to be the person; he came between ten and eleven in the morning.

Cross-examined by Mr. Knapp. Did you ever see the prisoner before. - A.Never.

Q. You was sent into Newgate for the purpose of identifying the prisoner. - A. No, nor desired.

Q. Why did you go there. - A. Not under any particular wish.

Q. Upon your oath did not you go there for the purpose of identifying the prisoner to night. - A. I went to look at him.

Court. You went to Newgate for the purpose of seeing the man that you might know him. - A. Yes.

Court. Why did not you say so at first.

Mr. Gurney. Have you any doubt that he is the man. - A. I cannot swear to it; I do believe in my own mind he is.

JOSEPH WATSON . Q. Are you waiter at the Ship inn, at Feversham. - A. Yes.

Q. Do you remember two persons being at your master's house on the 8th and 9th of April last, that come with saddle bags. - A. Yes.

Q. Look at the prisoner at the bar, and tell me whether he is one of the two persons. - A. I think I am confident he is the same.

Q. How long did these two persons remain in the house. - A. From about six o'clock on the 8th, till half past ten in the morning of the 9th; I attended particularly to these men, they had empty saddle bags.

Cross-examined by Mr. Alley. Did you attend any of the examinations of the prisoner at Bow-street. - A. No, I have not been in town till now.

Q. I suppose before you came to town you was given to understand that the man who came to your house was in custody. - A. No, not till the other morning.

Q. I do not care when it was; I ask you whether you did not understand that the man was in Newgate that came to your house, whether you did not go under that impression. - A. I paid particular attention to the man; I was confident of the man.

Q. You went in company with the last witness, and a variety of other persons, full of confidence that he was the man that was in your house. - A. Yes. They never told me he was the man; I selected him out among a number of other persons.

Court (to Mr. Rangham.) I suppose you went out of the coach a number of times in theniously stealing on th. - A. Yes.

Court. Now the objection arises. - You do not prove in the city of London the possession of a parcel that this man stole, because he is found in possession of part of the produce in the county of Kent; there is no evidence of the possession of the property in the city of London, though the prisoner will not go from the bar without strong suspicion. We are not to convict men of offences with our suspicions only; it is much better a guilty man to escape punishment than an innocent man to be found guilty. Gentlemen, this is a very suspicious case certainly, and whatever you and I in our private opinions may think of the prisoner, we cannot upon this evidence convict him. Where the life or the liberty of the subject is concerned, it is necessary the offence should be committed in the county. Property stolen in any any distant county being brought into another county, the felony continues with him; but here is no evidence at all of the property being seen in London; it is not seen by Mr. Rangham but in the country; the produce is not found in the possession of the prisoner in London. The property is stolen on the 13th of March, and negotiated on the 20th of March in

Derbyshire. There is strong suspicion against the prisoner, but this suspicion may be against an innocent person. There is no evidence that he had possession of it in this county.

NOT GUILTY .

London jury, before Mr. Recorder.

Reference Number: t18071028-12

684. ELIZABETH JONES was indicted for feloniously stealing on the 9th of October , a set of glass bottles and a frame, value 3 l. 1 s. three glass bottles, value 3 l. 3 s. and a bottle frame, value 18 s. the property of James Neale , Thomas Bailey , and Benjamin Neale .

The case stated by Mr. Gurney.

JOHN WOOD . Q. I believe you are servant to Mr. Neale. - A. I am footman to Mr. Neale in St. Paul's church yard . On Friday the 9th of this month, about nine o'clock in the evening, the prisoner went out of the kitchen while I was in it; I followed her to the glass door which parts the shop from the passage, she turned to the right, towards the case where the bottles were deposited; I heard something rattle. After that she returned back into the kitchen to ask Mrs. Neale's cook how the woman was that chaired for Mrs. Neale; she went back into the shop; I followed her the second time.

Q. At this time were all the men gone from the shop. - A. Yes.

GEORGE THATCHER . Q. I believe you are clerk to Messrs. Neale and Bailey. - A. I am.

Q. What are the names of the partners. - A. James Neale , Thomas Bailey , and Benjamin Neale ; they are china, glass, and earthen ware men .

Q. On the 10th of this month did you miss any glass bottles from your shop. - A. I did; a liquor frame containing three bottles.

Q. Are you sure that had been in the shop the night before. - A. I am. The prisoner at the bar was questioned on the subject when I was present, by Mr. Thomas Bailey : she denied having it several times; at last she acknowledged she had taken them and had sold them to a pawnbroker on Ludgate-hill. I went to Mr. Patmore's.

Q. Did you there see an apprentice of his named Cripps. - A. I did. He produced to me a liquor frame and bottles.

Q. To Messrs. Neale and Bailey, who are in a large way, what did it cost them. - A. As near three pounds as I can recollect.

RICHARD CRIPPS . Q. I believe you are apprentice to Mr. Patmore, a pawnbroker on Ludgate-hill. A. I am.

Q. On the morning of Saturday the 10th of this month, did the prisoner at the bar bring any bottles and liquor frame to your house. - A. She did; I gave her twenty five shillings for them.

(The property produced and identified.)

The prisoner left her defence to her counsel, called one witness, who gave her a good character.

GUILTY aged 20.

Confined Three Months in Newgate , and fined One Shilling .

London jury, before Mr. Recorder.

Reference Number: t18071028-13

685. WILLIAM WILLMOTT was indicted for feloniously stealing on the 21st of October , twenty yards of velvet, value, 4 l. the property of John Wells in his dwelling house .

JOHN WELLS I am a linen draper , I live at the corner of Fleet-market, Holborn Bridge , my young man sleeps there, and I have slept there; it is in the parish of St. Andrew's, Holborn.

Q. Have you any partners. - A. No. I can speak to nothing but the goods; I was out at the time of the transaction.

WILLIAM DENHAM . I am a bricklayer. Last Wednesday, about a quarter past two in the afternoon I was passing Well's house; I saw the prisoner stoop and reach within the shop, and take something from a case within the shop; I at first thought from the unconcerned manner he did it that he belonged to the shop; I saw him reach the piece to a young man, who appeared a companion; the young man declined taking it, as it appeared they were observed, and he went off. Directly I see the prisoner with the piece under his arm going up the market; I immediately pursued him and cried out stop thief; there were several persons in pursuit. As soon as the cry was raised, he threw the piece down among some fish guts in the fish market; I did not pick up the piece, but followed the prisoner. Going up the side of the market an elderly man attempted to stop him, the prisoner struck him and knocked him down; in his falling the prisoner stumbled against his feet, which gave me an opportunity of laying hold of him. An officer came up and I gave him in charge to the officer immediately; I never lost sight of him; he was taken within two hundred yards of the place where the robbery was commited.

ANN RIDER . I sell greens and fruit in the market, I have a stand there. I was standing at my stand, all of a sudden I heard the cry of Stop thief; I saw the prisoner taken to the shop where he had been thieving something; I turned myself round, I saw something laying among some fish guts that was chucked behind me; I laid it on the top of a basket, and in less than three minutes a boy came down to me, and the boy said I must have this roll of stuff; he said he came from his master for it; the boy carried it to the shop.

Q. Is the boy here. - A.(Prosecutor). No, he met with a severe accident yesterday and broke his ancle, he is a bed very ill.

Q.(to Rider). Did you see the boy take it to the shop. - A. I saw him go up the market, I did not watch him to the shop; the master said he received it.

Prosecutor. Denham shewed me the spot where the prisoner throwed the piece of goods; and Rider shewed me the spot where she found it.

(The property produced and identified.)

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

GUILTY, aged 20.

Of stealing to the value of thirty-nine shillings only .

Transported for Seven Years .

London jury, before Mr. Recorder.

Reference Number: t18071028-14

686. ANTONIO DEPARDO , alias DEPINO , as indicted for that he on the 30th of December last, in the 47th year of His Majesty's reign , in China , in parts beyond the seas without England; upon William Bourne feloniously did make an assault,

and that he the prisoner with a knife which he in his right hand had and held, him the said William Bourne in and upon the left side of his belly, did strike, stab, and thrust, thereby giving him one mortal wound, of the breadth of one inch and the depth of seven inches, of which he died, and so the jurors say he the prisoner feloniously did kill and slay the said William Bourne .

[The prisoner being a foreigner was tried by a Special Commission.]

NAMES OF THE JURY.

William Edwards ,

Anthony Fran . Alderman,

Samuel Howston ,

Nicholas Horn ,

Philip Fernandez ,

Thomas Loveland ,

Charles Giester ,

Joseph Aldridge ,

Edward Frisby ,

Francis Eugene ,

Joachim Menoyo ,

Thomas Dennis .

The case stated by Mr. Attorney General.

Mr. Attorney General. May it please your lordship. - Gentlemen of the jury - the prisoner at the bar, who is a Spaniard, stands indicted for the manslaughter of William Bourne , which offence it is stated he had done in China.

Gentlemen, the circumstances which I have to state to you will be short. The prisoner was serving as a mariner on board an East India ship called the Alnwick Castle - that vessel arrived at China, and was a considerable way up the river; the prisoner, with many of the crew were on shore, and while they were on shore a quarrel and squabble took place among them. I cannot state to you the origin, because I have no witnesses here that were present at it; but I have a person of the name of Burford, who was acting as steward for the captain; he went down among them with William Bourne , the deceased; - he will tell you that he found the prisoner Depardo with a knife in his hand - that he appeared greatly irritated at something that had been done before.

Gentlemen. Burford and the deceased were desirous of taking the knife from him; and Bourne the deceased went up to him for the purpose of taking the knife from him, and after trying to take the knife from him, he stabbed at him; the decease made a second attempt to take the knife; he did not succeed; and while they were closed in the scuffle, he gave him another blow with the knife, of which he died.

Gentlemen, upon that you will hear from the court, under these circumstances, whether the death of the deceased William Bourne fixes on the prisoner the crime of manslaughter - and here a question arises in this case which will be for his lordship to determine; - it is whether the case of the prisoner does not fall under the act of parliament, under which you are assembled to try him - an act of Hen. VIII. cap. 33. Before that act passed no jurisdiction in this kingdom could take cognizance of what took place in a foreign country; by that act his Majesty was authorised to try persons for offences, whether committed within or without the kingdom. - Gentlemen, I shall call the witnesses to prove the facts.

JAMES BURFORD . - Mr. Garrow. Were you in the month of December last servant to captain Prescott on board the Alnwick Castle. - A. Yes.

Q. That ship was in the service of the East India company. - A. Yes.

Q. Where was that ship in the month of December last year. - A. She was lying in Canton in China.

Q. Do you know the prisoner at the bar. - A. Yes, he was a seaman on board that ship.

Q. Do you know whether he entered as a volunteer to serve on board. - A. Yes, at Juan Fernandez from a Dutch ship.

Q. How long had he been on board. - A. I cannot say exactly; about two or three months.

Q. Before this unfortunate affair took place, was he with some of the rest of the crew on shore at Canton. - A. Yes.

Q. Was the deceased Bourne one of the crew of the ship. - A. Yes, he was an Englishman; the prisoner was an Spaniard. Bourne and me were together at the affray.

Q. Were there only foreign sailors in this party. - A. Foreigners and Englishmen too; when I went to them I found the prisoner in the ring, among the people, with his knife drawn, attempting to stab several of the crew; I immediately went into the ring and desired the prisoner to come to the factory. As soon as the prisoner saw me he came up with the knife and attempted to stab me; I immediately put out my stick to keep him from me; as soon as he came close enough to me he let his arm fall. The deceased Bourne came to me, and said, do not go near him, he has got a knife in his hand; I made answer I see it, and I intend to take it from him; the deceased then said I will take it from him. He then went up to the prisoner and attempted to lay hold of him; he got hold of his left arm, the knife was in the prisoner's right hand; he pushed the prisoner against the rails with some violence; that moment Depardo made a thrust at Bourne, and slightly wounded him somewhere about the belly near the navel. The deceased Bourne then attempted to lay hold of his hand a second time; he again missed it; Depardo then gave him the second thrust very violently, he thrust him in the belly. Bourne then immediately fell from the prisoner and said that he was stabbed. The prisoner then threw his knife over his head over the rails that were behind him.

Q. Did you afterwards see the knife taken from the place where it fell. - A. No. I took the prisoner; I saw Bourne in half an hour afterwards, he was laying on his back about an hundred yards from where he received the wound, with part of his entrails out.

Q. How soon afterwards did Bourne die. - A. I cannot say; I was with him the whole night; as soon as day light came he was taken down to the doctor of the ship.

Q. When you saw him last he was a dying. - A. Yes.

Court. You did not see him after day light. - A. No.

Q. When you saw Depardo in the ring first was the knife drawn. - A. Yes; he was attempting to stab some of them.

Q. Did you see any of them doing any thing. - A. Yes, all of them had their sticks up trying to strike them.

[The prisoner was allowed by the Court an interpreter

who was directed to repeat the whole of the evidence to the prisoner.]

Interpreter. The prisoner says he was on board as a prisoner of war: he says he was told by the officers it was necessary they should navigate merchant's ships, and he agreed to do it; he does not remember seeing the witness at the time of the affray.

Court. Ask the prisoner whether he would put any questions to the witness Burford. - A. He begs the witness may be asked whether the crew did not wound the prisoner in three places in the head.

Q. to Burford. Do you know whether the people wounded him in three parts of the head, or any where. A. No.

Q. Do you know that he was wounded. - A. Very likely he might.

Q. The prisoner might be wounded, but you did not see it. - A. No.

Int. The prisoner wishes to ask whether the deceased did not sally forth from the street where he was with a stick to strike him. - A. Burford. He had no stick, he had no intention of striking him.

Int. The prisoner asks the witness whether after the deceased fell the other sailors about him struck him. - A. Burford. I believe they did.

Court. Did you see them strike the prisoner with their sticks before he struck the deceased. - A. I did not see them strike him.

Q. You said they had their sticks as if they were attempting to strike him - A. Yes, I think they were engaged in an affray, they attempted to strike him with their sticks, and he was menacing to keep them off.

GEORGE WOLTMAN . - Mr. Garrow. Were you one of the crew of the Alnwick Castle. - A. Yes

Q. Were you present at the time Bourne was stabbed. A. Yes.

Q. Did you see any knife thrown away by any one. A. Yes, by the prisoner, and it went over the rails; I afterwards picked it up. I delivered it to Mr. Hall the officer.

HENRY HALL . Q. You were the court officer of the ship Alnwick Castle. - A. I was.

Q. Have you any knife that was delivered to you. - Yes. (producing it.)

Q. By whom was that delivered to you - A. By Woltman; I have had it in my possession ever since. I am sure it is the same that was delivered to me.

Q. to Woltman. Was it such a knife that you picked up. - A. That is the knife.

Mr. Att. General to Hall. Were you present when Depardo entered on board. - A. Yes, he was a prisoner of war on board the Blenheim; he came aboard of us from the Blenheim as a volunteer.

Q. Were you present when he received the bounty. A. Yes.

Q. He was not serving as a prisoner of war. - A. Yes; he had entered as one of our crew.

Court. And received the bounty. - A. Yes.

Q. You have all the letters of marque, do not you. - A. Yes; we had one.

Q. Do you know whether he had received any of his pay. - A. Yes, he did receive part of his pay the day before this unfortunate affair happened.

Q. How much was his pay. - A. They had the bounty, and I believe two months advance.

Q. How much a month. - A. Forty-five shillings a-month.

Q. How far was it up the river. - A. About eighty miles.

Q. What width is the river. - A. About the third of a mile across where the ship lay.

Q. Within the tide. - A. Yes.

JOSEPH STAREY. - Mr. Garrow. Were you the surgeon of the Alnwick Castle. - A. Yes.

Q. Was this person, Bourne, under your care after he was wounded. - A. Yes. I found about six inches of the intestines hanging out of his belly; this was about one or two o'clock of the morning; he lived till between five and six o'clock of the same evening, then he died.

Q. Was that wound the occasion of his death. - A. It was; I opened his body; he died on board the Alnwick Castle.

Prisoner's Defence (by the interpreter). My lord - he says, my lord, that the declaration of some of the witnesses, that he wounded the man, is false - that the man came towards him in a fit of drunkenness, that he had a stick in his hand, with which he hit him on his head and cut his head; there is a scar now upon his head; that after hitting him over the head with the stick, the deceased drew back, and upon the deceased withdrawing himself, another sailor of the party came up, and also struck him with a stick behind his head; he fell down with the blow that he received; that when he recovered himself and got upon his legs, he perceived that his knife had fallen on the ground; he picked the knife up; they did not give him time to put the knife in the scabbard, which was by his side; it not being a clasp knife he wore it in the scabbard by his side. As soon as he was upon his feet, he having the knife in his hand, the deceased and another came upon him with sticks; that he being in such a ground, he could not retreat, being close up to the wall of the factory. He endeavoured to defend himself with his left arm up, and received the blows from the stick with his left arm; that the deceased coming upon him to make a blow, he missed his aim, his foot slipped, he fell forward upon him, the prisoner, or against him. In consequence of his having the knife projected the deceased fell upon the knife, or against it. He says that had it been his inclination of killing any body, he had the opportunity of killing three or four that pressed upon him; that he wished to avoid any quarrel with them; that before this he hid himself behind a door of the factory to avoid being in the affray, that it was about half past nine at night; that after he had hid himself behind the door, a seaman of the party dragged him out by the hair of his head. At that time he wore long hair. The sailors then said, come, let us kill him, there will be one less of the enemy; that they said to each other, or that the men said, there is no crime in it, we shall not be hurt in killing him, there was no justice for him. They then dragged him forward; he was then against the wall, where the deceased met with the wound. There were four witnesses, which he wished to be called, but the captain did not notice it, he says, as I know well. At the first examination there was one attended, his name was Tores.

Court. Is he here. - A. I believe not. (The witness called, but did not appear.)

MR. READ. - Mr. Att. General. You examined Tores the prisoner's witness. - A. I did. I took Tores' examination; it was read over to the prisoner; there was nothing in his examination favourable to the prisoner,

and the prisoner, when he heard the examination, thought it was not material that he should be kept; he agreed for him to be set at liberty. Tores said he stood at a distance all the while.

Int. He says that another evidence would be material to him, John Baptisto, but the captain did not take the measure to bring him forward.

Mr. Read. There was every means used for to find Baptisto; the men were hunting after him for a fortnight; he could not be found.

Int. The prisoner says that must be the fault of the captain.

Court to Burford. The prisoner has said that he was defending himself against a stick with which the deceased was striking him; he says the deceased slipped or fell forward, and fell upon the knife - is that true. - A. No, my lord.

Q. Is it true that the deceased ever gave him any blows. - A. No, not while I was there, and the deceased was with me.

Q. Was he drunk. - A. No.

Int. The prisoner begs leave to say, that it will not appear probable, that a man would come out in such a situation in his shirt, without he had been in liquor.

Burford. The deceased was in bed, he was called up by some of them to quell the Spaniards.

Jury. Some of the jury wish to know whether the prisoner understood the English language.

Court to Burford. Do you know whether the prisoner understood the English, language. - A. I believe he does; Mr. Stary can inform you better,

Mr. Stary. He has spoken English as a sort of interpreter, for men who were sick under my care.

COURT. Gentlemen, the prisoner stands indicted before you, upon an indictment found under a special commission, which is issued by his Majesty, under certain powers granted in the 33rd Hen. VIII. which enables courts of judicature in this kingdom, to try persons for offences of this description, that are committed beyond the seas: namely, for murder; and by a subsequent statute, the 43rd, of George the Third, the former statute was extended to manslaughter. - This indictment is for manslaughter only; and the only question for your consideration will be, whether the facts that are disclosed in evidence on the part of the prosecution, whether they amount to manslaughter, or whether it amounts to killing in his own defence. If you should be of opinion that it is killing in a common affray, in the heat of blood, you will find him guilty of manslaughter. The bill not being framed for murder, it is no question for your consideration: - [The court went through the evidence of Burford, and the other witnesses most minutely.] - Gentlemen, he, the prisoner, according to Burford's evidence, after he had given the second thrust to the deceased, the deceased fell from the prisoner, and said he was stabbed; he, the prisoner, threw his knife away.

Gentlemen, it should seem that was the moment he should have kept his knife, unless he was conscious that he had in the heat of blood, done a great injury to another; which under the provacation of the moment he had been subject to, and fearful that on some other provacation it might be done again. He threw the knife away; that shews it was done in great heat of blood, and not with self defence; because then it would have been most natural for him to have heid the knife. The question will be, whether you believe the evidence given by Burford, or whether you believe the account of the prisoner; whether you can come to think the account the prisoner gives sufficient to explain the transaction, so as to give it a more lenient construction; with respect to what the prisoner said in his defence, I called Burford again, and Burford says it is not true that the deceased slipped, and fell forward against the prisoner, and fell upon the knife; nor is it true that the deceased gave the prisoner any blows in his presence but that the deceased met with his death from the knife that was in the prisoner's hand, under the circumstances already stated by him; therefore the only question is, whether it was done in the heat of blood, or whether it was a killing on his own defence: Therefore I have detailed to you what the prisoner said in his own defence, though not on oath, because, in many cases, what the prisoner says, though not on oath, gives it another colour. You are to examine the evidence with the aid of his own defence, and whether it appears credible to you, the story that he tells of the man falling up- upon the knife; I think that is not very probable, and their dragging him out by the hair of his head; there would be no harm in killing him; there would be one enemy the less; you will judge whether that is probable: If it appears to you to be committed in the heat of blood, in mutual conflict of all the parties, it will amount to manslaughter; but if it appears to you, he is surrounded by a multitude, and in danger of his life, that he drew out a weapon against the threatened violence, and in defence of himself, death ensued that would be self defence, he would then be entitled to an acquittal; still more entitled to an acquittal if the deceased fell upon the knife.

GUILTY - MANSLAUGHTER.

Judgment respited .

Tried by a jury half English and half foreigners, before Lord Ellenborough.

[This Commission stands adjourned to Wednesday the 2nd of December next].

Reference Number: t18071028-15

687. WILLIAM CHAPMAN was indicted for feloniously stealing on the 17th of August , a box, value 1 s. five gowns, value 2 l. three shifts, value 5 s. three shawls, value 7 s a pair of gloves, value 6 d. nine caps, value 18 s. six handkerchiefs, value 8 s. and a petticoat, value 2 s. the property of Ann Burr .

ANN BURR . I am a servant . On the 17th of August, between five and six in the evening. I was coming from Queen-street, Brompton, to No. 19, in the Strand; I took a hackney coach at the top of Sloane-street, Knightsbridge. I forgot to take the number of the coach.

Q. Who drove that coach. - A. I do not know the man, I did not take notice of him.

Q. You took the coach from Sloane-street, to Queen-street. - A. Yes.

Q. And from there you took your things to the Strand. - A. Yes.

Q.Is this your box that was lost. - A. Yes, it was put in the boot; he came to 49, in the Strand; there came a servant to take out the things, and he forgot to take out my box. I went the same evening up the Strand, I saw a man of the name of Williams; he said he saw me call the coach off the stand in Sloane-street.

Q. Who was this Williams. - A. He was a coachman on the stand at the time; I gave him the description of the man, he said he thought he knew him, but he could not recollect his name nor his number; he said if I came up in the morning, perhaps he might remember it. I went in the morning, he said he believed it to be No. 823, I went to the yard, it was not the man. On the 24th of September, my fellow servant saw him in the Strand, he knew him.

Q. Did you ever find your things. - A. No, none of them. He was a short man, and pock fretted; he drove 594.

Cross-examined by Mr. Alley. Williams told you he thought he knew the man. - A. Yes.

Q. By your description this man was examined at Queen-square. - A. Yes.

JOHN REEVES . I was fellow servant with this young woman, at this present time; I was employed to fetch the things from Brompton; I came from Brompton on the 17th of August, on the coach box, with this coach, and the things in it of the young woman's, to No. 49, in the Strand; the box was put in the boot, and the other things in the coach.

Q. Who is the coachman that drove that coach. - A. That is the coachman. (pointing to the prisoner).

Q. Are you sure. - A. Yes.

Q. Did you help to take the things out. - A. Yes; at the time I was gone in the back shop with some of the things from the inside of the coach, master paid the coachman his fare; as soon as he got his fare the coachman drove off; when I came back, master asked me if there was not a cask in the boot, I said there was; he said the coachman was drove off.

Q. Then there was not only a box in this boot, but a cask. - A. Yes, a four gallon cask of ale.

Cross-examined by Mr. Alley. How long after you had rode from Brompton to London was it that you saw the coachman. - A. It was the 4th of September, I believe.

Q. That was better than a fortnight, you then said you was positive he is the man. - A. Yes.

Q. What time of the day was it you left Brompton. - A. Between five and six o'clock in the evening.

Q. It was then getting towards dusk, it was dark when you arrived in the Strand. - A. No, it was not.

Q. Did not you say you was not certain that he was the man that drove the coach. - A. No; I always said that I was certain that he was the man.

Q. Did not you say to Mr. Burgess, that you believed he was not the man. - A. I never said so in my life.

Q. Did you take him in custody when you saw him in the Strand. - A. No, I went and informed my fellow servant; 945 was the number.

Q. You are quite correct in every thing you state, you are sure it was not 594. - A. It was 594.

Mr. Alley. Now you say 594 was the number, because I said so.

JAMES GILLMORE . I am an officer of Queen-square. On the 26th of September I apprehended the prisoner in company with Renny, and the last witness: Reeves gave me the number of the coach 594, we found the coach put up in Greville mews, Guildford-street; we met the prisoner in the street. Reeves said there is the man coming; I asked him if he was sure of the man, he said he was positive of it; when he came up to us, I asked him what he had done with the box and the barrel of ale, that was left in the boot of his coach; he said he had no recollection of ever having such a thing; I asked him if he remembered bringing a fare from Brompton, with a child's cradle tied behind his coach, I was given to understand that was the case; he said he carried so many faces he could not remember any thing about it; I told him I was an officer, I should take him in custody; Reeves being positive of his person, I searched his master's place, and his lodgings; I found nothing.

Prisoner's Defence. I never carried the job at all.

WILLIAM WILLIAMS . - Mr. Alley. What are you. - A. I am an hackney coachman.

Q. Do you remember the day on which this man was hired at Sloane-street. - A. I do not; that young woman came to me on the 17th of August, near eight o'clock in the evening, she asked me if I could tell her where the coach that came to Brompton was; I told her I could not, I could recollect her beckoning the coach; I said should you know the coach and the coachman again; she said it was a dark green coach, with coronets.

Q. Have you any recollection of the coach. - A. No.

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

NOT GUILTY .

Second Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-16

688. DAVID SPENCER was indicted for feloniously making an assault in the King's highway upon James Fenn , on the 22nd of September , putting him in fear, and feloniously taking from his person and against his will, three seven shilling pieces, four half crown pieces, four shillings, and two bank notes, value 1 l each , his property.

JAMES FENN . I am a tailor . I live at Edgware. On Sunday night the 27th of September, about eight o'clock, I was coming from Mill Hill, coming through the Hale to Edgware; I called at the Green Man at the Hule, and the prisoner was there and another man in company with him.

Q. Did you know him before. - A. Yes, many years. I did not know the other man.

Q. But you said another man was in his company at the Green Man. - A. I did not notice that then; there was another man with him when I was knocked down. The prisoner saw me pull out my money to pay the reckoning.

Q. Had you any talk with him while you were with him. - A. Very little talk, I was there only a few minutes.

Q. Had you liquor there at the Green Man. - A. I had part of two pots of beer amongst two or three, that is all.

Q. Was the prisoner one that drank with you. - A. He did drink out of the pot.

Q. What liquor had you had before you came to the Green Man. - A. I left the public house at Mill Hill at two o'clock. I had a little beer there, nothing to hurt me.

Q. That is in your opinion - what quantity of ale may you have drank there. - A. I cannot rightly tell, I was not disguised in liquor but what I knew the person that knocked me down.

Q. What time was it when you left the Green Man. - A. Near eight o'clock.

Q. Where were you when this happened to you. - A. At a place called the Gravel Path field, between the Hale and Edgware .

Q. Is there a public road through that field. - A. A public foot path.

Q. You were by yourself, was you. - A. Yes; when I was walking in this field the prisoner came behind me and knocked me down.

Q. Did you see him before he knocked you down. - A. No, I did not see him till I was knocked down; there was another man with him, I did not know him.

Q. How do you know that he knocked you down. - A. I knew the prisoner, I did not know the other.

Q. Which of them was it that knocked you down. - A. The prisoner David Spencer ; I saw him on the top

of me, he bound my arms down.

Q. You did not see the person that struck you till you were knocked down. - A. No.

Q. What was done to you when you were knocked down. - A. The prisoner bound my arms down while the other picked my pocket while I was on the ground. They never spoke; they took three pounds fifteen shillings out of my pocket; I had taken the money not all of one man, but at different places; I had two one pound notes, three seven shilling pieces, four half crowns, and four shillings; I had not long taken it that day.

Q. When you were so robbed what became of the men. - A. The prisoner ran away back the same way he came; I saw him run; the other ran behind me; I screamed out murder, I was very much frightened.

Q. Which way did the other man go. - A. I never saw the other man go away; he was behind; I never saw him go away.

Q. Are you sure your money was in your purse when you left the public house. - A. The notes were loose in my pocket, and the money in the other.

Q. Then the gold and silver were in one pocket, and the notes in the other. - A. There was one seven shilling piece wrapped up in a one pound note.

Q. What did you do when you found yourself robbed. - A. I went home directly to Edgware.

Q. You did not turn back after the prisoner. - A. No.

Q. How far were you from the Hale at this time, from where you were robbed. - A. I do not think it was half a mile.

Q. How came you not to go back after the prisoner when it was so nigh. - A. I was so nigh home as I was to the Hale; he lived at the Hale, he was a farming man. The next morning I gave information to the patrol; I went to the justice at Edgware the same night.

Q. Did you tell him that you knew the man that had robbed you. - A. I did, the same night; I knew his name and his person.

Q. How soon afterwards did you see the prisoner again. - A. When I took him. The patrol and I took him on the same spot where he did the robbery; he was coming through the same field.

Q. Was he searched when he was apprehended. - A. He was searched in the Crane at Edgware; a half crown and some halfpence was only found on him.

Q. Of course you knew nothing of that money. - A. No; the notes were not found nor the gold.

Q. This you say was about eight o'clock at night - what sort of a night was it. - A. It was a kind of star light night, not moon light; I could see his face so as to be sure he is the man.

Q. Had the blow that knocked you down stunned you. - A. No, I was not stunned.

Q. You are sure you was quite sober when this happened. - A. I was a little fresh, I was not drunk; I am quite sure he is the man that knocked me down.

Cross-examined by Mr. Curwood. When you went from the Green Man you acknowledged you was a little fresh. - A. Yes; I was not drunk.

Q. When he met you coming across the field, did not he tell you that he heard you had accused him of the robbery, and he was coming to you. - A. He said he heard that I had swore the robbery against him, and I had not; I told him he was the prisoner.

Q. Do you recollect telling him this - No, Davey it is not you; I thought so last night, but now I know it is not. - A. I said no such a thing.

Q. Was not there a man of the name of Budge with him. - A. No; there was a man of the name of Blake going by.

Q. The patrol was with you, was he not. - A. Yes.

Q. Do you recollect telling him that the ostler at Mill Hill was the person that robbed you. - A. I did not say no such thing; there was another man brought up; I told them to let him go, I had no suspicions of him.

Q. Do you recollect saying that a man of the name of Hurst robbed you. - A. No; they brought that person up; I saw Hurst at the Plough; I told them to let him go, he was not the man.

Court. Had you said any thing relating to Hurst that had caused the suspicion of his being one of the men. - A. I had mentioned it by his colouring so at the public house.

Q. Had you seen him before he was brought to you. A. Yes, I saw him at the Three Hammers.

Mr. Curwood. You know there is a share of forty pounds if this man be convicted. - A. I do not know any thing of that.

Q. Have you not heard so. - A. Yes; I did not take him for the sake of that.

FRANCIS LOGUHTON . Q. You are a patrol belonging to Bow-street - when was it you was applied to on this business. - A. On the 28th of September, about seven o'clock; I live at Edgware.

Q. Who applied to you. - A. James Fenn ; he told me the prisoner's name that robbed him; we went up to the Hale; as we were going we met the prisoner in the Gravel Walk field. Fenn told me he was the person; I took him in custody. We went to the Hale in the first place, from there we went to Mill Hill; the prisoner was searched at Edgware.

Q. What took you to Mill Hill. - A. Fenn said he thought the ostler at Mill Hill was the other man. When we went to Mill Hill it was not the man he expected; the man was out, but they gave sufficient proof where he was the over night; he afterwards saw another man, he said he was not the man.

Q. He first mentioned that he thought the other man was the ostler at the King's head; then he mentioned another man; than man was brought, he said it was not him. - A. Yes.

Q. He never expressed any doubt about the prisoner. - A. No; I searched the prisoner; I found only two shillings and six pence in silver, and some halfpence.

Cross-examined by Mr. Curwood. Did you see a man of the name of Lake. - A. Yes, he met us in the field, before we met the prisoner.

Q. Lake had an opportunity of hearing what passed between you and the prisoner. - A. What passed was but little.

Q. Then he had an opportunity of hearing, little or much. - A. Yes.

Q. Do you recollect hearing the prisoner say, I hear you have charged me with a robbery. - A. He mentioned some words about it.

Q. Do you recollect the prosecutor replying something in this manner - I thought so last night, but I do not think so now. - A. I do not recollect these words.

Q. Will you swear they did not pass. - A. No.

Q. You of course know there is a forty pounds reward. - A. As to that, I speak the truth.

Q. Do not you in fact know it is so. - A. You say I do; I dare say it is so.

Q. Do not you know it is so. - A. Yes; this is the first time I was brought before a court.

Court. Did not you know there is a forty pounds reward if the prisoner is convicted. - A. I know there is a reward.

Court. Why did you hesitate upon the subject, there is no harm in knowing of it.

Prisoner's Defence. I was drinking in the public house with these men, at the sign of the Green Man; there were four men drinking with me before the prosecutor came in with another man; they called for a pot of beer, they asked me to drink out of it; I did; the prosecutor pulled out sixpence and paid for it; when the pot was out he called for another and paid for that; before the pot was out the company all went away but one man that lodges in the house; after they were gone I drank once out of that pot, and then I went home to my father, who has been bad this half year; I carried him to bed and sat down by the fire till near nine o'clock. When I came out of the public house, I left the prosecutor in the public house; the landlady and he was having some words. As I was setting by my mother's fire she asked me to fetch her some beer; I fetched a pint and a half from the Green Man; the prosecutor was gone, I did not see him any more then On the next morning going to my work I met a man of the name of Budge, he said I was the man he wanted to see; he said Fenn was robbed last night, he had been to the justice last night, and said it was me; I said I was innocent. I immediately strikes off to Edgware to meet the prosecutor; I met him and the patrol together, and a man of the name of Lake; I said Mr. Fenn I hear you charge me with robbing of you last night, he replied he thought it was me, but he knowed it was not now, but he could swear to the ostler at the Kings head, by his leading him down the lane, to shew him the footpath to his home; after meeting of them in the fields. we went to the Green Man we had two pots of beer; there was a man of the name of Hiams there. We were telling him of the circumstance; Hiams asked him whether I was the man, I immediately told him he had charged me with the robberry; Fenn heard me; he told me to say no more about it, I was not the man. We went to Mill Hill to the man as he said, led him down the the lane to shew him the path, and that had robbed him; we called in at the Three Hammers. Hurst was in the Hammers eating his breakfast; when we went into the house, the prosecutor says, I think Hurst is one by his countenance; he did not say any thing to Hurst then, but went to Mill Hill and enquired for the man that took him down the lane. When we came to the King's Head the man was not at home; he then said that Hurst must be the man. Hurst was brought to the Plough, the landlady of the Plough at Mill Hill said Hurst was not out of the house from seven o'clock till ten. They brought me from the Plough to the Crane at Edgware, where they searched me; they found but two shillings and sixpence in my pocket, and a shilling of that I had borrowed of my sister; the patrol knowed that.

JAMES LAKE . Mr. Curwood. What are you. - A. I am a shoemaker.

Q. On the morning of the 28th of September last were you present when the patrol took the prisoner in custody. - A. Yes.

Q. Did you hear the conversation that passed between them. - A. When we first met the prisoner, he said Mr. Fenn, I hear you have been robbed, and suspect me to be the man; Fenn said, yes, I do; the prisoner made answer, can you swear to me; he said I do not know that I can. That was all that I took notice of.

Q. to prosecutor. Did any body shew you the foot path leading to your home. - A. The prisoner did; he came down the lane with me, he said keep along the foot path, that will take you to Edgware; I said, I know that.

Q. What occasion was there for your being shewn that path which you knew so well. - A. Why, he is the person that did that, and that knocked me down.

Court. That shews what situation you were in to require to be shewn the path which you knew so well.

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

NOT GUILTY .

Second Middlesex jury, before Mr. Baron Thompson .

Reference Number: t18071028-17

689. THOMAS SLATER was indicted for burglariously breaking and entering the dwelling house of Benjamin Hunter , about the hour of nine, on the 5th of October , with intent to steal, and burglariously stealing therein, a gown, value 10 s. a petticoat, value 5 s. a shirt, value 2 s. a pair of stockings, value 2 s. a shift, value 5 s. a pair of gloves, value 6 d. a towel, value 2 d. three pawnbroker's tickets, value 1 d. the property of the said Benjamin Hunter .

ELLEN HUNTER . Q. You are the wife of Benjamin Hunter . - A. Yes, he is at sea. I live in a lodging house, No. 3, Charles-street, Drury-lane, in the parish of St. Giles ; the house belongs to Benjamin Wallis , he lets the house out in different apartments; I have a distinct apartment in the house, I pay rent for it myself. On Monday the 5th of this month, between seven and eight o'clock, I went out, it was quite dark, I locked my door, and put the key in my pocket; I returned about a quarter before twelve; I found the staple of the door broken in two. On my entering the apartment, I found a new deal box, the lid of which was broken in two, and what it contained was stolen out of it.

Q. Was that your box. - A. No, Sarah Welch 's; there were my things in it; it contained each of our clothes; there was one light gown of mine, a white petticoat, a shift, a shirt that I had to wash, and a pair of cotton stockings, three pawnbroker's tickets, and some other articles; there was a gown of Sarah Welch 's, a white petticoat, a flannel petticoat, a silk cloak; these were in the box when I went out, I am sure, because I put them in as we were going out, and she locked the box, and put the key in her pocket; when I returned I found a lighted candle on the lid of the box, and a poker by the side of the box, and two case knives, and a white handled two pronged fork, broken.

Q. How soon afterwards did you find the things. - A. On the next morning; Sarah Welch and me went to the pawnbroker, we found no intelligence; then about ten o'clock we went home to get some breakfast; I went in the next apartment in the same house, on the same floor; there I found an ivory box, which had been in Sarah Welch 's deal box, it was her's; and we

had been looking in it the same day of the robbery.

Q. Who lodged in that room. - A. Sarah Robinson . We sent for a constable and took her up; and William Turner , and Susannah Edwards , who was with her; we went to Bow-street; Susannah Edwards said she saw the prisoner come from my room.

Q. In consequence of some information, did you take this man up. - A. Yes; we took him up, and we went to the pawnbroker, Mr. Smallbow, High-street, St. Giles'; he denied having any thing; we fetched an officer, and made him produce a gown and petticoat of Sarah Welch 's and her silk cloak; they were in pledge for one pound. I found my things at a public house, they were in the possession of Mrs. Price.

Prisoner. Was you never convicted here. - A. No, I never was here till yesterday.

Q. Did not you live with William Gentleman , who was transported from here to Botany Bay. - A. I did; he is on board the Lily sloop of war.

Prisoner. You get your living in the streets.

SARAH WELCH. I lodge with Ellen Hunter .

Q. Do you remember going out on the evening of the 5th. - A.Yes, I locked up my things and took the key in my pocket of the box

Q.What things of yours were in the box - A. A shift, a white petticoat, a gown, a silk cloak, a pair of stockings, that were left in my care; a pair of black gloves, a habit shirt, three duplicates, a small ivory box, they were all in the deal box when I went out. We went out about half past seven, it was quite dark; I went home about half past eleven; I found the door broken open, the staple of the door was broke, and the lid of the box was broken in two, and the things all gone. I found the ivory box about ten o'clock Tuesday morning.

Q. You took the same people in custody as was mentioned by the other witness. - A. Yes; we went to Mr. Smallbow, he denied having the things; I went to Bow-street, and took Thredway the officer with me. The man then produced a silk cloak, a gown, a white petticoat, and a flannel petticoat.

Q. When he produced these things, you recollected them to be your property that had been in your box that night. - A. Yes.

Q. Was there any thing found of a white handled fork. - A. Yes, the white handled fork was found near the box; there was a lighted candle standing on the box lid; the staple of the door was broken in two halves, and the door wide open; it was locked when we went out.

WILLIAM DAVIS . Q. Did you see this Ellen Hunter 's room that night. - A. Yes, about half after eleven o'clock, I was going along Charles-street, I saw a light in the room, I made into the room; I found the door open and nobody in the room; I saw the candle standing on the box lid, burning, and a poker laying by the side of it; likewise two black handled knifes, a white hafted fork, the two prongs of the fork were broke; the box lid was in two halves, and every thing was gone out of the box. I was witness at five o'clock of the box being full of clothes.

Q. You are acquainted with these women, are you. - A. Yes, I am; the staple was broke in two pieces, and the padlock was put on the table in the same room; it was still locked.

JAMES SMALLBOW. I am the pawnbroker's brother. I took in the goods; I believe the prisoner is the person that pledged them; and I think the person who pawned them had a crutch.

Q. Do you recollect enough of his person, that he was the person who pawned the things that you now produce. - A. I do not; they were pawned in the name of Thomas Slater . I produce them.

SARAH WELCH . They are all mine.

SARAH PRICE . Q. Do you know the prisoner at the bar. - A. I do, by his bringing the things to my house; he brought two bundles; one the prisoner took away, and the other I delivered to Blackman.

WILLIAM BLACKMAN . I am a constable of the public office, Bow-street. On the 9th I received information of Ellen Hunter and Sarah Welch , I went to the Marlborough's Head, what Mrs. Price keeps; she gave me the bundle in her bar; it contains a gown, a petticoat, shift, stockings, gloves, shirt, and three pawnbroker's tickets.

The property produced and identified.

MATILDA ARIS . Q. Do you know the prisoner at the bar. - A. Yes, I lodge at No. 6, Charles-street, in a one pair of stairs back room. On the 5th of October, in the morning, about ten o'clock, the prisoner came to light his pipe; he had this white handled fork that laid upon the table; I am sure it is the same fork, the prongs are broke now; they were not then.

Prisoner's Defence. On the night I went to Mrs. Price's to have something to drink. Going along the street, I met two girls carrying two bundles; these girls asked me if I would take care of them bundles till the morning. I did; I left them at Mrs. Price's till I called for them. These girls brought the things into Mrs. Price's, where they were two hours.

Q. to Mrs. Price. Was there any girls with him. - A. No.

GUILTY aged 22.

Of stealing to the value of thirty-nine shillings only .

Transported for Seven Years .

Second Middlesex jury, before Lord Ellenborough.

Reference Number: t18071028-18

690. ELIZABETH TAYLOR was indicted for feloniously stealing on the 5th of October , in the dwelling house of William Clark , a bunch of keys, value 1 d. a lace frill value, 1 d. and three bank notes, value 1 l. each , the property of Mary Creswell .

MARY CRESWELL . Q. Are you a widow . - A. Yes, I lived with Mrs. Clark.

Q. What is her husband's name. - A.William Clark.

Q. Where is their house. - A. No. 20, Maiden-lane, Covent Garden ; it is called the Old Cyder cellar. The prisoner was servant there.

Q. When did she quit the service. - A. On Michaelmas day; she had lived there a month.

Q. Before she left the service did you miss any part of your property. - A. Yes, a bunch of keys that belonged to some boxes of mine. I missed nothing but the keys till after she was gone; on the 4th of October I borrowed a key of my mistress to open my box, I missed my three one pound notes; it was all the money I had in the world. I made enquiry for my keys while the prisoner was there; she said she knew nothing of them. I never saw my notes again. The officer has got the lace frill.

WILLIAM BLACKMAN. Q. You are an officer of Bow-street. - A. I am. On the 5th of October I went

to the prisoner's lodgings, No. 3, Southampton-street, Tottenham-court-road. Mrs. Clark brought her to the office in a coach. When I got into the coach she told me her lodgings was there; she gave me the keys; I found when I opened the box a bunch of keys, a lace frill; in one of the boxes I found a one pound note, Mrs. Clark said it was her servant's keys; the prisoner did not deny it. The prisoner said it was her note. I produce the keys, the frill and the one pound note.

Prisoner. That one pound note was in my pocket, it was not in the box.

Blackman. I took it out of the box.

Q. to Mrs. Creswell. Look at these keys. - A. This one undoes one of my boxes. The ring without doubt is mine. The frill is mine.

Q. Have you tried that key. - A. No, not since.

Q. There is nothing you can know your note by. - A. No.

Prisoner's Defence. The money belongs to me, it is mine; I picked up the frill when I was making the bed, and the keys, I did know I had got them; I intended to take the keys back again, when I went to ask for my character.

NOT GUILTY .

Second Middlesex jury, before Mr. Baron Thompson .

Reference Number: t18071028-19

691. ELIZABETH TAYLOR was again indicted for feloniously stealing on the 5th of October , four napkins, value 4 d. two fans, value 2 d. three caps, value 1 s. 3 d. a box, value 2 d. a lace frill, value 1 d. two neck handkerchiefs, value 6 s. a doll's frock, value 1 d, six crowns, a dollar, and one half crown , the property of William Clark .

MARY CLARK . Q. The prisoner had lived with you a short time as a servant . - A. Yes, she left our service on Michaelmas day.

Q. Before she went did you miss any of these articles. - A. No, not one, nor had no suspicion of her. On the 5th of October, I found the prisoner in St Martin's-lane, I had received information that she was there to see her mantua maker.

Q. You found her in St. Martin's lane. - A. Yes; I told her that her fellow servant had got robbed, I asked her if she had any objection to walk with me home; she did very freely. When she was in the room, I asked her if she knew any thing of a cap that I missed before she came back with me that morning; she said she did not; I asked her if she knew the cap I spoke of, telling her it was a new one; she said she knew it very well, but she had not seen it; I asked her if she knew any thing of a lace frill that hung on the glass, she denied that also; I believed it was true; but I turned round and pulled the lace she was wearing instead of a cap; it was a piece of lace that I have got; I asked her if she had got any thing more, she said she had got nothing else than a necklace; I wanted her to tell where she lodged, that I might go and see whether she had any of my property; I took a coach, she did not chuse to tell; I told the coachman to drive to Bow-street; I got a Bow-street officer, Blackman, and then she told where her lodgings was; her pockets were searched in the coach, and several pieces of money were found.

Q. There is nothing of the money you can speak to. - A. Yes, a crown piece, I can swear to. When we came into her lodgings, the keys were found upon her; upon searching her box the articles were found in her box, that are now produced.

WILLIAM BLACKMAN . I searched the prisoner in the coach; I took a guinea from her, and a watch, that watch was not claimed; I took two dollars, and a crown piece out of her pocket; five dollars I found in her box, and half a crown piece.

Q. Did you find any articles of wearing apparel. - A. Yes; four napkins, one night cap, two fans, one box, one pillow case, one laced cap, two neck handkerchiefs, one doll's frock. I produce them.

Prisoner. The dollars were found in my pocket.

Blackman. I found two in her pocket and five in her box.

Prosecutrix. That is one of the crown pieces that was found on her person; I am positive it is mine; there is a scratch on the head like a B, it appears as if it has been lost for some time, it is black. I had it two years, I kept it in the drawer; I never missed it till it was turned out of her pocket. And the wearing apparel are all mine.

Q. That crown piece may have gone through many hands before it came to the prisoner. - A. Not at all unlikely.

Prisoner's Defence. The money I saved by servitude. I am innocent of the facts I am charged with.

GUILTY, aged 18.

Of stealing the wearing apparel only .

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

Second Middlesex jury, before Mr. Baron Thompson .

Reference Number: t18071028-20

692. MARGARET THOMAS was indicted for feloniously stealing on the 19th of September , a coat, value 2 l. a pair of breeches, value 1 l. two gowns, value 14 s. two petticoats, value 5 s. two shirts, value 9 s. a cloak, value 1 l. and a waistcoat, value 6 d. the property of David Morgan , in the dwelling house of Joseph Tagg .

SARAH TAGG . I live at No. 16, Great Swan alley, Coleman-street ; my husband's name is Joseph Tagg ; he is the landlord of the house. On the 19th of September, about ten o'clock at night, Mrs. Morgan went out; she said she had left the key of her room door under the mat; if I would have the goodness to open the door if her husband came home tipsey, and she had left her candle burning upon the table; sometime after there was a smell of something burning, I went up to Mrs. Morgan's room, she rents the two pair of stairs room; I found the key upon the mat, on the outside of the door; I took the key and opened the door, and went in: when I came in I saw a great smoke, as if woollen was burning; the second time I went up I found the bed on fire.

Q. Where was the candle. - A. The candle was out, and turned down in the flat candlestick.

Q. Then it was clear there had been somebody in the room. - A. Yes; when I first entered the room the candle was out. When I found the bed flaming, I took my hands and put them in a lump into some water that was close by to put the fire out; after that I looked to see what them things were in the pot; it was a light gown, a shawl, night cap, and bed gown. After I put the fire out, I did not wake the child; that child was Mrs. Morgan's grand child.

Q. What age was the child. - A. About six years of age.

Q. When did Mrs. Morgan come home. - A. About eleven o'clock. The prisoner was a particular acquaintance

of Mrs. Morgan, her husband belongs to an oil warehouse in Lombard-street.

MARGARET MORGAN . Q. You lodge in the house of Mrs. Tagg. - A. I do, my husband's name is David Morgan .

Q. On the 19th of September you had occasion to go out. - A. Yes, I left my key under the mat; I told Mrs. Tagg of it; afterwards I told Mrs. Thomas, the prisoner, of it; the prisoner lived opposite of me.

Q. Where is this house of yours. - A. No. 6, Great Swan-alley; I asked Mrs. Thomas if she would have the goodness to look after my little boy, while I went after my husband; I told her I would leave the key under the mat, she said she would; I said if in case Mrs. Tagg was gone to bed before I came home. I would ask Mrs. Tagg for the key to leave with Mrs. Thomas, to let herself in, provided I should have come home, and they were gone to bed; she did; and I left the key of the street door with Mrs. Thomas, and the key of my room under the mat; and I likewise left the candle alight in a flat candlestick on the table; I told Mrs. Thomas, and then I went. I returned about eleven o'clock, and when I entered the street door, Mrs. Tagg said, your bed is sadly burned; but your child is safe; I was greatly alarmed; I said nothing, I went up stairs, I found my bed burnt, and the child safe; I left the child laying on the chairs, at the foot of the bed, and there I found him; I looked round, I saw my keys moved out of one drawer into another; I opened my drawers, I found I was robbed; I came down stairs and told Mrs. Tagg, then I fixed upon Mrs. Thomas.

Q. Why did you fix upon Mrs. Thomas. - A. Because she had my keys, no other reason.

Q. Where were your things afterwards found. - A. In her apartment; the next morning my things were found.

Q. Were you present when they were found. - A. I was the next morning; I went to her house, and the officer, John Collins , was with us; I found two gowns of mine, a petticoat, two shirts of my husband's, one waistcoat of my own boys, and one black cloak; my husband's clothes were found at Mr. Smith's the pawnbroker.

Q. Had you seen them all that night before you went out. - A. Yes, they were all in my drawers.

DAVID MORGAN . I came home Saturday night, about a quarter after eleven o'clock.

Q. Do you of your own knowledge know any thing of the affair. - A. Not all. On Sunday morning the landlord where the prisoner lives sent for me; I went over to Mr. Thomas's place, in company with Collins; there was a bag found under the bed. Collins took charge of the prisoner, and put her in the Compter. On Monday morning we went to Mr. Smith, Wood-street, there we found some of the property.

JOHN COLLINS . I am an officer. On the 19th of September, I was officer of the night at Coleman-street watchhouse; I was sent for about half past twelve at night, to Swan-alley, there Mr. Morgan said he had been robbed, he gave charge of Mrs. Thomas; there was a man in bed, I supposed it was her husband. I asked him if he would give me leave to search the room, he said, by all means; on looking under the bed, I found a sack, I laid the contents on the floor; I asked Mr. Morgan if any thing there was his: he said, I want my coat, waistcoat and breeches; I searched the room, I could not find any thing of the kind; I put the things in the sack under the bedstead, where I found them. I took the prisoner to the Compter. On Sunday morning, about nine o'clock, Morgan came to me; he said he understood there was some of his property in the room, what I had pulled out of the sack. About eleven o'clock on Sunday I found Thomas at home; I laid the contents of the sack on the floor again, and Mrs. Morgan said they were all her property, she would swear to it. On Monday morning we went to Mr. Smith's in Wood-street, we found part of the property, which Mr. Morgan said he would swear to be his property. The pawnbroker resigned the property up to me; I told him he must come up to the mansion house. I have got the whole of the property here that I took, and some of the burnt things.

JAMES ROBERTS . I am a plasterer; the prisoner and her husband rented an apartment in my house. On Saturday night, the 19th of September, I went to bed about ten o'clock, my wife came to bed about half past eleven, and awaked me about an alarm of fire, saying that the people over the way had a bed burnt; in a little time I heard Morgan accuse my lodger with the theft and the fire.

Q. Were your lodgers there then. - A. They were in the house at that time; Mr. Morgan gave charge to the officer to take her to the Compter, which he did; the husband of the prisoner accompanied her to the Compter, and returned and slept in his own apartment. The next morning, when I was in the kitchen, the prisoner's husband came down and knocked at my door.

Mr. Gurney. You must not tell what he said.

Mr. Roberts. In great agitation of mind; he took me up stairs and shewed me the property.

Court. The husband shewed you the property. - A. He did.

A. He did not claim it. - A. No; my evidence acquitted him before the alderman; he said it was not his, he knew nothing of it.

PHEBE ROBERTS . Q. You live in the house opposite of Mrs. Morgan. - A. Yes; on Saturday night, the 19th of September, I was standing at the door of my father's house; I saw the prisoner come in with something large in her apron.

Q. Where did she bring it from. - A. I do not know; I believe it was about half past ten, she past me; I did not speak to her, nor she to me; she went into her own apartment.

JOHN SMITH . Q. You are a pawnbroker. - A. Yes, I live in Wood-street, Cheapside. On Saturday, 19th of September, the prisoner pledged a coat, breeches, and petticoat, for fifteen shillings; between the hours of ten and eleven at night. On Monday morning the constable and Mr. Morgan came and enquired for the coat, breeches, and petticoat; I sent a boy to fetch them down; he said they were his property; I delivered the things to the officer I am sure the prisoner pledged them with me, in the name of Mary Badgay .

(The property produced and identified.)

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

GUILTY, aged 22.

Of stealing to the value of thirty-nine shillings only .

Transported for Seven Years .

London jury, before Mr. Recorder.

Reference Number: t18071028-21

693. THOMAS ADDISON was indicted for feloniously stealing on the 27th of December , eighty six pair of boot legs, value 15 l. the property of Stephen Curtis and Hannah Thompson , widow .

The case was stated by Mr. Knapp.

STEPHEN CURTIS . - Mr. Knapp. What are you. - A. I am a leather factor , I reside in Well-street, Cripplegate .

Q. Who is your partner. - A. Hannah Thompson , she is a widow. The prisoner at the bar had been in my service about three years; he left my service about June last.

Q. Previous to his leaving your service, had you missed a great deal of your property. - A. We repeatedly missed property, but never could trace it; and it was frequently made up by him from other goods in the house. When we missed property, I have said to him, there is some of the lot lost; he said, perhaps I have laid it some were, else he would look and make it up; and others were never replaced.

Q. You say he left you in June, how soon afterwards did you receive any information respecting your property. - A. On the 23rd of September. On the 24th I got a constable, and took him up; I went to a public house near St. Martin's-le-grand, we found him there drinking; he asked us what our business was, the constable told him he came to take him for stealing his master's property; the constable took him to Giltspur-street Compter; and then he went and searched his lodgings, No. 30, Angel-street, St. Martin's-le-grand; I went with him, Mrs. Roberts took us into a room, she said the prisoner lodged there; on searching a box, we found a number of duplicates in a pocket book, some of the duplicates were for boot legs; I found several papers; I did not attend to them, they were kept by the constable till the next day. In consequence of these duplicates, we went to four different pawnbrokers; we found articles that we had been robbed of at three of the pawnbrokers.

Cross-examined by Mr. Gurney. Mrs. Thompson is your partner. - A. Yes.

Q. Any other private partner. - A. None whatever.

THOMAS EDGAR . - Mr. Knapp. You are a constable, you apprehended the prisoner. - A. Yes, I asked him if he knew me, he said he knew nobody; he made a bit of resistance; I throwed him on the floor and handcuffed him; I told him for what I took him, he said he knew nothing about it; I took him to Giltspur-street Compter; I afterwards went to Angel-street.

Q. There you saw Mrs. Roberts. - A. Yes, she shewed me a room. I found in that room a pocket book containing duplicates that belonged to Mr. Curtis; and several other papers in the pocket book. I produce the pocket book and the duplicates. This is the list that tallies with the different duplicates that was found in the pocket book. I have had them in my possession ever since.

Q. You attended before the magistrate. - A. Yes, it was one of the aldermen.

Q. Did the prisoner say any thing there. - A. No, he said nothing, but only just turning out of the Compter again, he said that he took them with a view of replacing them again.

ELIZABETH ROBERTS . - Mr. Knapp, Where do you live. - A. At Angel-street, St. Martin's-le Grand, No. 30.

Q. Did the prisoner lodge with you at the time the officer came and found these things. - A. Yes, he lodged in the front room, two pair of stairs. I shewed that room to the officer; I saw the pocket book taken out of the box; that box belongs to me, he had the use of it.

JOHN SMITH . I live with Mr. Cotterel, 25, Aldersgate-street, he is a pawnbroker. This is my duplicate, this one for twelve pair of boot legs, 23d of December, pledged for fifteen shillings; I gave that duplicate to the prisoner at the bar.

WILLIAM CHAPER . This pawnbroker's ticket belongs to me, of one dozen boot legs, pledged by the prisoner at the bar, for one pound; I have two dozen that were pledged; only one dozen that Mr. Curtis produces the duplicates of.

JOHN HENRY WILLIAMSON . I am servant to Mr. Davidson, pawnbroker, Skinner-street.

Q. Any duplicate of yours there. - A. Yes, three; one on the 27th of October 1806, twelve pair of boot legs, one pound four shillings, in the name of Charles Barnes . 17th of August 1807, eighteen pair of boot legs, one pound six shillings. 24th of October 1806, two dozen pair of boot legs, two pound two shillings and sixpence. I am confident of the prisoner at the bar; I took in one parcel with respect to the others that were taken in; the servant is gone from Mr. Davidson.

JOHN ARCHBUT . I am a servant to Mr. Lawther, Fox's-court, Gray's-inn-lane.

Q. Is there any duplicate of yours. - A. One for eight pair of boot legs, 27th of August 1806.

Q. From whom did you receive these articles. - A. It is so long ago, I cannot charge my memory with it.

(The property produced and identified.)

Prisoner's Defence. I never was accused of any thing being missed while I was in his service; had it been missed while I was in his service he would have accused me of it; he never did.

GUILTY , aged 36.

Transported for Seven Years .

London jury, before Mr. Recorder.

Reference Number: t18071028-22

694. MARY, alias SOPHIA, TAVENER was indicted for feloniously stealing on the 29th of September , a gown, value 5 s. a petticoat, value 9 s. a shawl, value 2 s. a handkerchief, value 9 d. a jacket, value 2 s. 6 d. and a waistcoat, value 2 s. 6 d. the property of Elizabeth Copeland , widow .

ELIZABETH COPELAND. Q. Are you a widow. - A. Yes, I am left with five children; I live in Mile-end Road , I get my living by making little

boys dresses.

Q. When did you miss these things. - A. On the 28th of September I missed them; on the 26th she came to ask me to buy a duplicate of a gown pledged at Mr. Morriss's in the Minories, I refused it, I did not like to do it; she said she had lately buried a child of five months old, and her husband was on board a ship, she was in great distress, she begged hard of me to let her have sixpence, she said she had not broke her fast that day; I gave her sixpence; she left me the duplicate. On the 28th she called, she asked me if I had been to take out the gown in pledge I told her I had not, I was very busy a sewing; I asked to stop a bit and help me to sew, which she did; I gave her tea and sixpence for helping me to sew from three o'clock till eight; after tea I went to put my children to bed and left her behind; while I was putting the children to bed she came up stairs to me and she brought up the quilt, which I set her to mend, and bid me good night; I did not follow her down stairs immediately; about a quarter of an hour after she was gone, another person came in with some work; with that I looked for a little coat and waistcoat that I had made to shew to the person, and then I missed it; as soon as the person went out, I made a search but could not find it; I missed my own articles as well. I went to two pawnbrokers the same night, she had not been there; they advised me to go early into the Minories, where the gown was pledged, that she brought me the duplicate of; when I went to the shop, she had not been there; then I was gone to another pawnbrokers a few doors of, in the mean time she came to Mr. Morriss's in the Minories; they stopped her and came to me at the next shop, as they knew I was gone there, when I came to Mr. Morriss's shop, she had got my things tied up in a large handkerchief, and the shawl on her neck; she was taken in custody; on the 29th the coat and waistcoat were found at another pawnbrokers.

WILLIAM HARRISON . I live with Messrs. Richards and Knights, Brick-lane; I took in a waistcoat and jacket of the prisoner on the 28th of September, between five and six in the evening.

GUILTY aged 36.

Confined Fourteen Days in Newgate , and fined One Shilling .

London jury, before Mr. Recorder.

Reference Number: t18071028-23

695. JOSEPH FRANCIS was indicted for feloniously stealing on the 24th of October , a basket, value 6 d. a pound weight of currants, value 6 d. eighteen tulip roots, value 2 s. a pound weight of carraway seed, value 1 s. an ounce weight of coffee, value 5 d. and a pound weight of grapes, value 8 d. the property of George Wanger .

GEORGE WANGER . I live at No. 64, John-street, Surry side of Blackfriar's-bridge. I lost these things on Saturday night last, about eight o'clock; my cart was standing at Bridewel-gate, New Bridge-street, Blackfriar's; while I went to Water-lane, to fetch this parcel; I brought the parcel, and placed it in the tail of the cart; I then said to my boy, push on, we shall be late home; I then got into the cart, and at the corner of Bride-lane , I happened to turn my head, I observed an arm in the cart; I at first thought it was the city toll-man looking in to see whether these were any good to pay the toll; I immediately observed the hand come up, and the basket with it; I said to my boy stop, Stevy, there is the basket gone out of the cart; while that hand was taking the basket out of the cart, the other hand took the basket over; I did not wait for his stopping the horse, but I jumped out of the cart while the horse was going; I saw the man take down Bride-lane.

Q. The person was gone - A. Yes, I saw him take it out; he made down Bride-lane. I halloaed stop thief, no person attempted to stop him; I pursued him, till he came to the corner by the hair dresser's; he then returned upon me at the corner, I did not observe the bundle all the way he ran; when he returned I caught him fast by the collar, I said, you are the man who took my basket out of my cart, and while I said these words, I saw the basket standing about a yard from him, under the hair dresser's window. I took my basket up in my right hand, and held him fast with my left hand, and took him to St. Bride's watchhouse.

Cross-examined by Mr. Alley. What time of the night was this. - A. About eight o'clock.

Q. It was dark. - A. Yes.

Q. Did not you find some difficulty in getting out of your cart. - A. No, if I had broke my neck, I should not have thought any thing of it at the moment.

Q. I hope your neck will not be broke, nor his upon this occasion; could you pretend to say he was the man that ran away from you when you met him. - A. I am positive; I was so close upon him, he turned that corner and set the basket down, I suppose, and returned.

Q. I know it is all supposition - what distance were you from from the corner, at the time the man ran away from you. - A. I was close to him almost, there was no soul in the lane but a boy; I believe he saw me take him.

WALTER M'DONALD. I am constable at St. Bride's parish; I attended; and the last witness has related to your lordship every thing he told me then, the prisoner denied having any concern in the robbery.

JOHN BARKER . I was close to this gentleman's cart, a man came behind it I stopped looking at him; a man tapped me on the shoulder and asked me the way to Cornhill; I told him to go along Cheapside; he says, cannot I go over London bridge; I says, yes, you can, it is the furthest way; just as I said them words, the cart was stopped; I run down Bride's-passage, and when I run down Bride's-passage, I saw not a soul coming up nor down the lane; I returned back, I found the prosecutor and the prisoner coming up the lane.

Q. You did not see the man take the things out of the cart. - A. No.

Q. Because the other man was asking you the way to Cornhill. - A. Yes.

Prisoner's Defence. When I was taken to the watchhouse, Mr. Wanger would not take upon him to say I took the things out of the cart, nor that I was the man that dropped the parcel.

Court. The constable contradicts you there; he says he gave the exact account there as he gave here.

GUILTY , aged 28.

Transported for Seven Years .

London jury, before Mr. Recorder.

Reference Number: t18071028-24

696. MARY MINTON was indicted for feloniously stealing on the 24th of October , a coat, value 1 l. 5 s. the property of Francis Hopkins .

FRANCIS HOPKINS . I am clerk to Messrs. Shaw and Le Blanc, Bridge-street I can only speak to the property.

WILLIAM GEORGE . I am footman to Mr. Le Blanc. On Saturday last; about five o'clock, I was taking the candles to the office; I saw a woman going out of the passage that leads to the yard, I followed her, I caught her before she got out of the passage, and under her gown I took a great coat; when I asked her what she wanted in the passage, she asked for a name I did not know; I gave her in charge of one of the clerks of the office, while I went for a constable.

Q. Where was this great coat taken from. - A. It was hanging in the passage close to the yard.

Q. What did she say for herself. - A. She did not speak.

Q. Are you sure she was in the passage. - A. I am, I stopped her before I got out of the passage.

The property produced and identified.

Prisoner's Defence. I do not recollect any thing of the great coat; I did not see the colour of the great coat.

GUILTY , aged 32.

Confined Two Months in Newgate , and fined One Shilling .

London jury, before Mr. Recorder.

Reference Number: t18071028-25

697. SARAH LION was indicted for feloniously stealing on the 24th of October , a table cloth, value 5 s. three irons, value 3 s. and a child's frock, value 3 d. the property of James Bartlett .

MRS. BARTLETT. My husband is a publican , his name is James Bartlett , he keeps the sign of the Ship, in White Cross-street ; I lost my table-cloth out of the bar, on Saturday morning last; I lost the irons out of the kitchen, and the childs frock, I cannot say where.

Q. Why do you accuse the prisoner of it. - A. I took her up on the Saturday evening from information; then she told me of the frock; I was mentioning to a gentlemen how many things I had lost, he told me he had reason to suspect my servant; he had often seen her go to the pawnbroker's.

JOHN HENRY SMITH . I am a pawnbroker, I live in Wood-street, Cheapside. Three flat irons, a table cloth, and a childs frock, were pawned at different times at my shop; an iron on the 12th of October; 2nd of October, an iron and another iron on the 8th of October, and a frock the 23d of October.

Q. Are you sure the prisoner pawned them. - A. No, I cannot swear to her.

THOMAS HEDGER . I am a constable; I took this woman in custody on Saturday night; I searched her and found the duplicates of the table cloth and the frock; she had stole more property, but she had made away with the duplicates.

(The property produced and identified.)

Prisoner's Defence. My mistress has greatly exaggerated the story; I was ill all the while I was with her; I disposed of the things to get myself medicine. I leave myself to the mercy of the gentlemen of the jury.

GUILTY , aged 38.

Transported for Seven Years .

London jury, before Mr. Recorder.

Reference Number: t18071028-26

698. ROBERT IRONS was indicted for feloniously stealing on the 21st of October , twenty-six pieces of leather, value 1 l. 6 s. the property of David Craig .

DAVID CRAIG, JUNIOR. I am the son of David Craig . On the 18th of October, I found a piece of leather in the warehouse, on the top of the privy, that was in the warehouse; I informed my father of it. On the Wednesday following the men in the warehouse were called together.

Q. Was the prisoner one of your men. - A. Yes, he was; he had lived with us near six years. A piece of leather was shewn to the men, they were all asked if they knew any thing about it, and they all said they did not; they were all asked if they were agreeable to let their houses be searched, they all said they were; I then went to the whole of their houses.

Q. Did you go to the prisoner's among the rest. - A. I did; and there I found this piece of leather along with several other pieces; I came back and told him what I had seen.

Q. Was the man with you when you found it. - A. No, he was not.

Q. Is there any mark upon it. - A. There is the currier's mark upon it.

Q. Have you any particular mark upon it. - A. I can swear to that mark having other leather like it.

EDWARD CRAIG , SENIOR. There is the mark of the currier and the mark of the excise upon it; I have no private mark of my own.

NOT GUILTY

First Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-27

699. ANDREW MAGILL was indicted for feloniously stealing in the dwelling house of John Hatchett the elder, and John Hatchett the younger, on the 12th of September , a desk, value 1 l. 10 s. a purse, value 1 s. a book, value 5 s. an epaulet, value 2 l. a waistcoat, value 10 s. a pair of pantaloons, value 1 l. a broach, value 1 l. a gold pin, value 10 s. a tooth pick case, value 2 s. three shirts, value 2 l. 4 s. a pair of stockings, value 14 s. a towel, value 6 d. and 6 l. 6 s. in monies, numbered, two bank notes, value 5 l. each, and three bank notes, value 1 l. each , the property of John Hatchett the elder and John Hatchett the younger.

Second count for like offence, only laying the goods, and monies to be the property of Edward Chetham , esq .

The Case stated by Mr. Gurney.

JOHN HATCHETT - Mr . Reynolds. Are you the elder or the younger. - A. The elder.

Q. Who is in partnership with you. - A. My son, John Hatchett .

Q. Any body else. - A. No.

Q. Where do you live. - A. In Piccadilly.

Q. Do you sleep there. - A. Yes.

Q. Does your son sleep there. - A. Yes.

Q. What parish is your house in. - A. St George, Hanover square .

Prisoner. I would wish to know of the witness, how far he himself is concerned with the property that was supposed to be taken out of the house.

Court. He has said nothing about the property being taken out of the house.

EDWARD CHETHAM . ESQ. - Mr. Reynolds. I believe you are a captain of the royal navy. - A. I am.

Q. On what day did you go to Mr. Hatchett's house. - A. On the 11th of September; I slept there that night in the room No. 53.

Q. What did you bring with you. - A. I brought a writing desk, containing two five pound notes, several one pound notes, and six guineas in gold; they were in different pieces; a vast number of letters and other papers, they were all in the writing desk.

Q. What else had you. - A. A trunk containing linen of all kinds, shirts, stockings, &c.

Q. On the following morning what time did you get up. - A. About eight o'clock.

Q. When you got up and dressed, was your property all there. - A. That I cannot swear to. I had seen the desk and opened it the day before, and rather think if it had not been there I should have noticed that. I went down stairs about eight o'clock, and went up again about half past nine.

Court. Your desk you said you opened it the day before, did you leave it open. - A. No, I locked it, and left it locked. When I went up at half after nine, I went on purpose for my writing desk, I found it missing; I mentioned it to Mrs. Hatchet; I came back immediately and looked at the trunk, and the trunk was broken open; it was still locked, but the has was broken.

Q. What things were in the trunk missing - A. Every thing except a book of letters.

Q. I believe you saw some of this property afterwards. - A. I did.

Prisoner. Captain Chetham, have you seen the trunk that you lost since. - A. I have it in my possession now.

Q. Are you confident that it is your trunk that you had in your possession. - A. I am.

Court. What trunk.

Captain Chetham. I fancy he means the writing desk, the trunk was never gone. I have the key of the writing desk.

Prisoner. Will you open it. - A. That key will not open it, the lock has been taken off and another put on.

Court. Now prisoner be upon your guard, you may ask questions that will do you essential harm, you have no counsel, it becomes me to caution you to be careful of the questions you put.

SARAH BISHOP. - Mr. Reynolds. Were you chambermaid in September last. - A. Yes.

Q. Do you remember captain Chetham coming to your master. - A. Yes.

Q. What room did he sleep in. - A. No. 53.

Q. Look at the prisoner at the bar, do you know him. - A. Yes.

Court. Where does No. 53 stand, with reference to No. 45. - A.53 is lower down, on the one pair stair case.

Q. Is it direct under it. - A. It is not quite under it; 53 is under 45.

Mr. Reynolds. Persons coming down from No. 45, do they pass 53. - A. They pass near it.

Q. Was that man at your house. - A. Yes.

Court. Look at the prisoner at the bar, are you sure that he is the same person. - A. Yes, he came on the 10th, and on the 11th, and went away on the morning of the 12th; he slept two nights there.

Mr. Reynolds. When he came what did he bring with him. - A. He brought a portmanteau and a trunk.

Q. Where were they put. - A. They were brought down stairs from his room No. 45.

Q. What room did he go to - A. No. 45.

Court. Then they were carried up stairs. - A. Yes.

Q. When he went away they were brought down from this room where they were carried to, trunk and portmanteau. - A. Yes.

Mr. Reynolds. He went away on the morning of the 12th. - A. Yes.

Q. On the following day did you see any thing outside of the window. - A. On the day after I saw outside of the room, No. 45, I found eight bricks, they were wrapped up in paper, and a piece of old carpet over it.

Q. Had any body else slept in that room. - A. No, nobody after him.

Q. Had you looked out of the window on the 12th when he went away. - A. Not that morning; I had looked out of the window into the parapet the day before the prisoner came.

Q. Was this parcel of bricks there then. - A. No.

Q. You are sure it was not. - A. No.

Q. I think when he went away, his trunk and his portmanteau was taken away. - A. Yes, his trunk was on the landing place of 53, and his portmanteau in his own room; the porter brought down the trunk, and the prisoner brought down the portmanteau.

Q. What o'clock in the morning was it. - A. A little after nine.

Q. How did he go away. - A. The porter brought his trunk down stairs, and the prisoner brought his portmanteau, and they took them to the corner of Bond-street; the prisoner himself carried the portmanteau to the corner of Bond-street.

Q. Did the porter carry the trunk to the corner of Bond-street. - A. The porter followed him.

Q. What is the porter's name. - A. William Moth .

Prisoner. I understand you to say captain Chetham's room is exactly under 45. - A. Not exactly under.

Q. In coming from 45, is it not requisite that a person should go near the room in which captain Chetham was, I think you said it was. - A. Yes, it is near.

Q. What is the number of the room at the foot of the stairs as I came down at the foot of the stairs. - A. That is 35, where you paid me for the bed.

Q. How many rooms is it from that to the room where captain Chetham slept in. - A. I do not know exactly.

Q. Were there three or four. - A. There is more than that.

Court. Between 35 and 53. - A. Yes.

Prisoner. When I came to the landing of that floor on which captain Chetham slept, was it requisite as I came from the room 45 to pass 53. - A. Yes, as

near as may be.

Q. Was 53 captain Chetham's room. - A. Yes.

Q. What is the breadth of the landing place on that floor on which captain Chetham slept - is it eight or ten yards, do you suppose, because if I recollect any thing it is a considerable distance from 53. - A. It is more than that from the prisoner's room to captain Chetham's room.

In coming from 45, going down stairs to the landing place, how many feet would it be necessary to take to go to captain Chetham's room, could a person do it in two feet. - A. I do not know.

Q. WILLIAM MOTH . - Q. Were you porter at Mr. Hatchett's on the 12th of September. - A. Yes.

Q. Do you know the prisoner at the bar. - A. Yes, I do, perfectly well.

Q. On the morning of the 12th did you carry any thing out for him. - A. Yes, a trunk.

Q. Did you take them in. - A. No, I only took them out.

Q. Did he desire you to do so. - A. Yes.

Q. What sort of a trunk was it, heavy or light. A. Not very heavy.

Court. What o'clock in the morning was it. - A. A little past nine.

Q. He went with you. - A. Yes.

Mr. Reynolds. What did he carry. - A. A portmanteau.

Q. How far did you and he go together, you carrying the trunk. - A. I followed him with the trunk to the corner of Bond-street, then he called a coach.

Q. Did he go in the coach. - A. Yes; I put the trunk in first, and while he was telling the coachman where to drive to, I took the portmanteau and put it into the coach.

Court. Did you know where he directed it to be drove to. - A. I did not.

Prisoner. I would wish to ask you, if you recollect my bringing down the trunk to the landing place of the two pair of stairs, and there leaving it for your convenience of carrying it away. - A. I did not see that.

Q. Do you recollect bringing up a coat and leaving it on a bed in the room at the foot of the stairs coming down from 45, after you had brushed it. - A. I do not remember it.

Q. Was there any property in No. 35. - A. I do not know.

JONATHAN TROTT . Q. You are an officer. - A. Yes, I am an officer of Hatton Garden office.

Q. On the 7th of October did you apprehend the prisoner any where. - A. I did, at a public house in Upper Berkley-street; I searched him; I found upon him some duplicates, a key of a street door, and a small key, which unlocks this writing desk.

Q. Did he tell you any thing about the key of the street door. - A. No; I knew where he lodged before I apprehended him; I secured him at another house; I then returned back with Mr. Hatchett, and went to the lodgings of the prisoner Magill's, three or four doors from where he was taken.

Q. In what street were these lodgings. - A. In Berkley-streek; I opened the door with the large key that I took out of his pocket; I went up one pair of stairs; finding nobody there I went up higher to another flight of stairs; I found this writing desk in the first room on the first floor; there were letters and papers in it. I found in a closet on the first floor back room papers with captain Chetham's name on several of them; they were delivered to captain Chetham. In the same room, in a closet, I found two pair of stockings and a towel.

Court. Have these two pair of stockings and towel any mark on them. - A. The stockings are marked E. C. and numbered, and the towel is marked E. C. This book was in the writing desk. (Witness unlocked the desk)

Q. Now I see you have opened that desk. - A. Yes, by a small key that I found upon the prisoner.

Q. Have you got the duplicates that you found upon him. - A. Yes; several of them was given to Mrs. Magill; I found a great number of duplicates on him that were pledged chiefly in the name of Williams; and the ticket of a gold epaulet I found upon him.

THOMAS MACKENDAR . - Mr. Reynolds. Does the premises, No. 8, Upper Berkley-street, belong to you. - A. Yes.

Q. Do you know the prisoner. - A. Yes, he lodged there from the latter end of February, or the beginning of March, till the time he was taken.

Q. Had you delivered the key of the premises to the prisoner. - A. No, it is the key of the house, it was delivered to his wife.

Q. Did you see the key that was produced by the last witness. - A. Yes, this is it; either Trott or Mr. Hatchett delivered it, they were both together; it was the key that his wife had, she took possession; the wife took the whole of the apartment, and an elderly person; they are all one family, that elderly person is the mother of Mrs. Magill.

WILLIAM MOXEN . Q. Are you servant to Mr. Dry, pawnbroker. - A. Yes; he lives at No. 17, South-street, Manchester-square.

Q. Look at the prisoner at the bar, do you know him. - A. I know him, sir.

Q. Did he at any time, and when, come to pawn any goods. - A On the 22nd of September he pledged a coat, shirt, and an handkerchief, for a guinea and a half, in the name of John Williams , Berkley-street. On the 25th of September he pledged two pair of breeches and a pair of pantaloons, waistcoat, and handkerchief for twenty three shillings. On the 19th of September, three shirts, a pair of stockings, a handkerchief, and two razors. On the 3d of October Mary Williams pledged an epaulet; I suppose that is his wife, I never saw them together.

Q. A person that came by the name of Mary Williams . - A. Yes; she pledged the epaulet for five shillings, they are silver gilt. The ticket Trott produced before; that ticket I gave to the prisoner's wife.

Trott. I have got the duplicates of the whole that is produced; I produce them.

Moxen. These are the counter parts of what I have produced.

Trott. The duplicate of the gold epaulet I found on him; the rest of the duplicates I found in the house.

Prisoner. I would wish to ask the witness if he does positively recollect that it was I that pledged that coat and parcel. - A.(Moxem) I will not undertake

to swear it was him that pledged them; the pantaloons and waistcoat, that was pledged with other things that captain Chetham owned, I perfectly well remember he pledged them; they were naval pantaloons, white kerseymere, with new buttons.

Q. The parcel that you describe that there were razors with it, was it I that pledged that parcel. - A. It appears in your name; I remember they were pledged the second time in the same name, with other articles; I remember his pledging them first, and taking them out.

Mr. Reynolds. Captain Chetham, look at that desk - is that your desk. - A. It is.

Q. Is that the desk you had at Hatchett's hotel, which you found you had lost on the morning of the 12th. - A. It is; I know it by being in the habit of using it frequently; I have had it seven years; here is Johnson's dictionary in the form of a pocket book.

Q. Was that in the desk the last time you saw it. - A. It was; and this picture, I stuck that on it, and that almanac is mine.

Q. What is the picture. - A. Of Time; the pantaloons I very much believe them to be mine, but the buttons have been changed.

Q. What buttons had yours on that you lost. - A. Anchor naval buttons.

Q. Now look at the stockings and shirts. - A. These stockings are mine, and the shirts are mine; this epaulet is mine; they are not always made in this manner.

Q. Can you speak to the two five pound notes being in your desk. - A. I can; it was on last Friday morning; I opened it.

Court. Does the lock appear to be changed on looking at it. - A. It is changed; it is new; and the key was new, and this catch is new.

Prisoner's Defence. My lord, the indulgence I received from this court yesterday did not avail me; I had a witness to bring forward, but it has been counteracted, in consequence of my being immediately called back to be arrainged for a crime in the city; on that account, my witness has not come forward, even to prove a thing that is a fact, that my wife and I have dealt in purchasing second hand wearing apparel for many years; and indeed the number of things that have been accumulated, they have been honestly purchased by her; and if I ever was guilty of crimes, she never knew nothing of it. My lord, I stand in this court, in a most awful situation - a situation that harrows me up to the soul, to think that ever I should come in this disgraceful way; having lived twenty years in Westminster a respectable housekeeper; it grieves me to my very soul; and I earnestly intreat your lordship to shew mercy to one whose crimes have been, indeed, but very few. I am deprived of the means of that defence, that I could wish to make before your lordship. I have been confined three weeks in Cold Bath-fields, I had not an opportunity for it; I was only last Friday evening sent to Newgate; it has not been in my power even to get friends to my character. I have been anxiously hoking round the court, I see one face, I will call him to speak what he knows of me; I therefore implore your lordship, on account of my children, on account of my family, that you will have the kindness to extend that mercy that your judgment thinks my present situation requires.

ISAAC BAKER . Q. Do you know any thing of the general character of this person. - A. I have known him for several years, I never heard any thing against his character.

Q. What are you. - A. I am a victualler at Charing-cross.

Q.(to prosecutor.) Did you receive some letters from Trott that were yours. - A. I did.

GUILTY - DEATH , aged 46.

Second Middlesex jury, before Lord Ellenborough.

Reference Number: t18071028-28

700. ANDREW MAGILL was again indicted for feloniously stealing on the 5th of October, in the dwelling house of Samuel Holmes , four pair of breeches, value 2 l. four waistcoats, value 1 l. ten shirts, value 4 l. sixteen handkerchiefs, value 16 s. twelve pair of stockings, value 1 l. 3 s. two watches, value 4 l. 14 s. 6 d. two coats, value 2 l. 10 s. three waistcoats, value 15 s. two handkerchiefs, value 2 s. a pair of breeches, value 5 s. and four bank notes, value 1 l. each , the property of Samuel Holmes .

Second count for stealing the same goods, laying them to be the property of John Edward Wharton , William Staw and Benjamin Frendick .

SAMUEL HOLMES . Q. I believe you are the proprietor of the White Horse in Fetter-lane . - A. I am.

Q. What parish is it in. - A.St. Andrews in the city of London; I am the house keeper.

JOHN EDWARD WHARTON . Q. I believe you are waiter at the White Horse. - A. I am.

Q. On the 30th of September last do you remember the prisoner coming to your house. - A. I do, he came about five or six o'clock in the evening; he asked for a bed, the bed room was showed him, No. 34, on the second floor in the front of the house.

Q. Did he bring his trunk exactly at that time. - A. He said he would send his trunks and they should be put in his bed room; accordingly he did.

Q. He appeared dressed as a gentleman. - A. Yes.

Q. In course of that evening was a trunk and portmanteau brought and put in that room. - A. In the course of an hour.

Q. How long did he continue in the house. - A.About ten minutes.

Q. I do not mean at that time; how long did he continue. - A. He kept the bed room only six nights; the whole of his bill only came to fourteen shillings for the whole of the time he was there.

Q. Do you remember seeing him on the morning of the 5th. - A. I do; he breakfasted in the coffee room aabout a quarter before nine, I took him his breakfast myself. After breakfast he went up stairs into his bedroom; he remained up stairs twenty minutes or half an hour; he came down again with his trunk and portmanteau; he came along the passage into the kitchen, and paid for his breakfast and went away, calling the porter to take his things; he gave the porter his trunk; he carried the portmanteau out of the door.

Q. Soon after he was gone did you go up stairs. - A. I did not go up myself; the boy that is here went up and discovered the robbery. I went up in about an hour afterwards, in consequence of the boy telling me so.

Q. When you went up did you perceive that you yourself had lost any thing. - A. I lost every thing that I had, in fact, that was in the trunk, that was in a small bed room No. 39.

Q. Was that on the same floor with the prisoner's

room. - A. The floor over it; I lost four pair of breeches, four waistcoats, five shirts, nine neckcloths, eleven handkerchiefs, four of them double and the others single, five pair of cotton stockings, two pair of silk stockings, two pocket handkerchiefs, and four one pound notes, in my left hand breeches pocket.

Q. Was your trunk broke open. - A. It was not; I left it open, I never do lock it.

Q. How lately before had you seen these things safe. - A. An hour and a half from the time I came down stairs till I went up again; I got up about half past eight, and about nine o'clock he went up.

Q. Then it was full half an hour after you was up before the prisoner went up stairs. - A. Yes.

Q. Did you go with Trott the officer the next day to apprehend the prisoner. - A. I did; I found him in a public house, the Portman Arms, Upper Berkley-street. At the time I apprehended him he had a pair of black kerseymere breeches and a pair black silk stockings; they were part of my property that were taken out of my trunk at that time.

Q. Did you go with the officer to the prisoner's lodgings. - A. I did not.

Prisoner. I would wish to ask him a question or two; I am confident that I am perfectly correct, although my life is forfeited - Is the witness certain that he lost four one pound notes. - A. Yes.

Prisoner. I am certain and positive that he never lost them by me; he says that I come and said my servant should bring some luggage to the house.

Mr. Gurney. No, he said you said the luggage should be brought.

Prisoner. I came in a hackney coach; the porter brought the luggage from the coach; I went away from the door in the same coach.

Wharton. I never saw any coach at all.

Mr. Gurney. He says he left his luggage there at the first time he called at the house, did the luggage come the first time he came. - A. I did not see it. I saw it in an hour afterwards.

Q. Did you search the chimney of the chamber after he was gone. - A. I did not; there were some bricks found.

Q. Did you see them found. - A. I saw them found. Mr. Holmes found them; I was in the room the moment afterwards.

WILLIAM STAW . Q. I believe you are under waiter at this house. - A. I am.

Q. On the morning of the 5th, after the prisoner left your house, did you discover that you had lost any property. - A. Yes. I went into my bed room, I saw my watch was gone; I went into my room about ten o'clock.

Q. Where is your room. - A. No. 38. The lock of my box was broken open.

Q. Were there any articles of wearing apparel taken away. - A. Yes; there were two coats, three waistcoats, two shirts, a pair of small clothes, two neck handkerchiefs, and two pair of stockings. I had seen all them things safe about two hours and a half before.

BENJAMIN FRENDRICK . Q. You are porter to the White Horse. - A. Yes.

Q. On the morning of the 5th of October after the prisoner had quitted your house, did you discover that you had lost any property. - A. After the alarm was given I discovered it at half past ten; I lost five shirts, a silver watch, two neck handkerchiefs, and one pair of stockings; they were in No. 39, the same room as the last witness; they were in a box, the box was not locked.

Q.(to Holmes.) Did you examine the fire place or the chimney of this room. - A. I examined the closet by the side of the bed where the bricks were deposited; I found eight or ten bricks wrapped up in paper, and afterwards in a carpet. This was in the prisoner's bed room where he lodged, in my house.

Q. Eight or ten bricks are a thing that would make a trunk or a portmanteau appear weighty. - A. Yes.

JONATHAN TROTT . Q. You went in pursuit of the prisoner in consequence of information that you received. - A. I did.

Q. Where did you apprehend him. - A. In Upper Berkley-street, at a public house, the Portman Arms, I believe it is.

Q. Did you find upon him any clothes that were claimed by the witness Wharton. - A. Yes, a pair of small clothes and a pair of silk stockings.

Q. Did you find any key in his pocket. - A. I did. the key of a street door.

Q. Did you find any watch in his fob. - A. I did; I produce the watch.

Q. Did you afterwards go to any house the door of which that key opened. - A. I did; to the best of my knowledge it was No. 8, in Berkley-street; it was quite dark at the time.

Q. Who was the house kept by. - A. The gentleman is here.

Q. Did you search the apartment in that house that was pointed out by the master of that house. - A. I did; I found a number of duplicates there.

Q. Did you find any articles of wearing apparel. - A. I did, not belonging to this indictment.

Q. Did these duplicates lead to the property. - A. They did. The pawnbroker produced the property alluded to in these duplicates.

THOMAS MACKENDAR . I live at No. 8, Upper Berkley-street.

Q. Did the prisoner lodge at your house at this time. - A. Yes.

Q. How long had he lodged there. - A. From the latter end of February, or the beginning of March, till the time he was taken.

Q. Did he lodge there at the time he was taken. - A. Yes.

Q. Was that key which was produced to you by Trott, the key of the house. - A. Yes.

Q. Was that his apartment which Trott searched. - A. Yes.

WILLIAM MOXON. - Mr. Gurney. You are servant to a pawnbroker. - A. Yes to Mr. Dry, South-street, Manchester-square; I produce one shirt, one pair of stockings and a half handkerchief. The whole of that duplicate is not owned by the prosecutor; they were pledged on the 6th of October, - by a woman, in the name of Mary Williams, for seventeen shillings.

Q. There are more things in the duplicate not claimed by the prosecutor. - A. Yes.

- MORRIS. I am servant to Messrs. Everetts, Berner-street. I have three shirts pawned on the 6th of October. I believe the prisoner at the bar pawned them, but I am not quite certain.

Q. How soon afterwards did you see the prisoner. -

A. About a fortnight afterwards; I produce them.

JOHN STONE . I am servant to Mr. Mourit, High-street, Mary-le-bone; I produce a coat, breeches and three waistcoats; they were pawned on the 6th of October, by whom I do not know, for one pound seven shillings.

Mr. Gurney to Wharton. Now tell me any part of the property that belongs to you - Trott produces the black breeches and waistcoat. - A. They are mine.

Q. These was found upon the prisoner, what is the value of them. - A. The breeches cost one pound fourteen shillings; I have wore them once; the stockings cost me fifteen shillings, I have wore them once too. Them waistcoats are mine, and the stockings are mine.

Q. What is the value of the property altogether that you lost - is the whole worth fairly fifteen pounds. - A. I think it was; I cannot tell exactly.

Q. to Staw. Look if there is any of your property there. - A. There is a waistcoat of mine; these kerseymere breeches and this coat are mine.

Q. Are all you lost worth three pound. - A. I lost a watch cost me two guineas,

Trott. The prisoner told me that watch was pledged. and I should have the ticket on the Monday; I never got it nor never found where it was.

Q. to Frendick. Look at the watch found in the prisoner's fob, is that your watch. - A. Yes, it is worth two guineas and a half. These three shirts are mine, they are worth thirty shillings.

Q. What was the value of all the property you lost, - A. Five guineas.

Prisoner's Defence. My lord, I will take the liberty of addressing you, if you please; I am a man now forty six years of age, my life was forfeited yesterday upon a trial of this description; I have been twenty two years a housekeeper of respectability, I have a large family, and if the earl of Bedford was alive he could tell you who I am. Misfortunes has induced me to commit crimes which I shudder at; my family is large, they depended upon me for bread. When I was last in Ireland with lord Cornwallis I fought for my king and country, I was afterwards fired at twice, where Mr. Hemmit was detected and afterwards brought to justice; I have been a good and loyal subject. I have been in his Majesty's army, I have had two commissions; one I had about six years ago when I went to America, in consequence of my ability in military affairs. I am now situated in such a disgraceful way that never belonged to me nor any one belonging to me; the stain that I have thrown on my children is more to me than life; I throw myself on your lordship's mercy. I emplore mercy not for myself; I ask nothing for myself, but for the sake of my family; I have as good a wife as ever existed. The property that the officer took she purchased articles in her way, she is a mantua maker and she makes up millinery, and serves families: and I have been in the habit of purchasing such things, and when we have got a purchase that we could get something from; we have been under the necessity of pledging; the consequence was a number of duplicates was found. This is the first time in my life that I have been guilty of crimes, every thing that I had in the world has been put under the same situation, and it has been taken from me, and I have been deprived of it; I am deprived of my life; it is forfeited. My lord, I look to you for mercy. I earnestly entreat and emplore that mercy may be extended to a subject who has been true and loyal, and an honest man, who has paid his way honest for twenty two years.

GUILTY - DEATH , aged 46.

London jury, before Mr. Recorder.

Reference Number: t18071028-29

701. NATHANIEL ORAB was indicted for feloniously stealing on the 29th of September , a silver watch, value 2 l. the property of Henry Sentley , in his dwelling house .

MARY SENTLEY . Q. What is your husband's name. - A. Henry Sentley; we live in New Compton-street, Saint Giles's .

Q. What shop do you keep. - A. A coal-shed; the coal-shed is part of the dwelling-house. On the 29th of September, about eleven in the morning, the prisoner came to my shed, he enquired after my husband, he asked me where he worked, I told him in the Borough; he took a chair and sat down in the parlour; the parlour is behind the shed. I had occasion to go into the shed to serve a customer.

Q. How long had he been in the parlour before you went into the shed. - A. About half an hour. I shut the door of the parlour when I went to serve the customer; I staid about two or three minutes in the shed, then when I returned again into the parlour I met the prisoner coming out of the parlour door, he said, good morning Mrs. Stently, give my best respects to your husband, and he went out. About an hour after he was gone I went to wind up the watch; I missed it.

Q. Where had that watch been. - A. It hung up by the side of the mantle piece in the parlour; I had seen it about half past ten; I asked the time of the day, the prisoner looked up at the watch and told me, as I was on the other side of the fire place.

Q. You said he came in about eleven in the morning, he told you it was half past ten then he was there then. - A. Yes.

Q. Was it a silver watch. - A. Yes.

Q. After missing this watch what did you do. - A. I went to the George public house in Monmouth-street, I had seen the prisoner go in there, he was sitting in the tap-room drinking a pint of beer. I asked him for my husband's watch that he had stole, he denied having the watch, and got up and said he would go home with me; he came out with me but he would not come with me home; I asked a man going past to assist me, that occasioned a mob, and there were some people amongst them I knew; they assisted in taking him to Bow-street. Before we came to Bow-street he said Mrs. Sently, I want to speak to you, come into a public house, I will tell you; I said whatever you have got to say, say it now; then he told me he had stole the watch and pawned it for eighteen shillings; he would give me the ticket and the change to take it out. I would not take it; when we came to the top of Bow-street, we met the officer who took him in custody. On searching him at the Brown Bear we found the ticket.

Q. What pawnbrokers did that ticket lead you to. - A. Mr. Hinckesman.

Q. When he offered you the ticket did he offer you any money besides. - A. Eight shillings. Mr. Hinckesman produced the watch at the office. I know the watch, we had it a couple of years.

The property produced and identified.

Prisoner's Defence. In the first place, when I was

apprehended, twelve shillings was taken from me. In the next place I do not deny the crime; the prosecutrix is wrong in saying that I walked in and sat down; she asked me, I had no intention of doing it. I had been drinking a little the day before.

GUILTY, aged 48.

Of stealing to the value of twenty-shillings .

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

First Middlesex jury, before Mr. Baron Thompson.

Reference Number: t18071028-30

702. ANN FOWLER was indicted for feloniously stealing on the 12th of October , four silver spoons, value 30 s. seven tea spoons, value 5 s. a napkin, value 2 s. and two shifts, value 4 s. the property of Henry Chave , in his dwelling house .

HENRY CHAVE . I keep the Bedford coffee-house, Southampton row ; the prisoner was my servant , she came to live with me about the 9th of October, and lived with me about nine or ten days; she had not been in the house above four days before I missed two of the table spoons, and after that I missed two desert spoons and seven tea spoons; on Monday the 12th, at eleven at night I missed them; on Tuesday the 13th she was taken in custody. I saw a napkin taken from her pocket; it is used sometimes as a table cloth.

Q. When was it you found any spoon. - A. On the 13th I found it at Mr. Morat and Lee's, pawnbrokers in Holborn.

- LABER. I am a shopman to Morat and Lee, pawnbrokers in Holborn. On the 12th of October the prisoner at the bar pledged a spoon with me for seven shillings and six pence: she said it was her sister's, that lived in Queen-street, Leicester Fields.

Prisoner. I did not go to the shop to pledge it.

Witness. She did pledge it; she was brought the next morning. I said that was the person that pledged it; she denied it then; she pledged it in the name of Archer.

The property produced and identified.

Prisoner. The table cloth and the spoon are not his property.

GUILTY. aged 26.

Of stealing to the value of ten shillings .

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

First Middlesex jury, before Mr. Baron Thompson .

Reference Number: t18071028-31

703. WILLIAM HALEY was indicted for feloniously stealing on the 16th of October , one looking glass, value 4 l. the property of Edward Magarth , esq. in his dwelling house .

SAMUEL FREEMAN . I am servant to Mr. Magarth, No. 3, Duchess-street, Portland Place . On the 16th of October I was down in the area at the time Elizabeth Braudeck was in the house; when the man came to the door she came and answered the door; I saw the man go out with the glass, but I did not see him go into the house.

Q. Did you see at that time any other man. - A. No.

Q. Did you see what he did with the glass. - A. He took it out of the door and took it away. William Haley received it at the door.

Q. Who brought the glass out of the house. - A. I do not know. I did not see the other man, I only saw the prisoner with the glass at the steps of the door; in about five minutes afterwards he was taken at the end of Duke-street.

Q. Had he the glass with him when you saw him. - A. No, he had set the glass down and walked away. Elizabeth Braudeck saw him set it down.

Q. When he was taken, you did not see that he had any glass with him. - A. No.

Q. Did you pursue him. - A. No; I directly came up and went to the door, and went after the glass. I found the glass at the corner of Duke street, standing by the side of some rails.

Q. Was there any body with the glass at that time. A. No, Elizabeth Braudeck had catched him by the coat; they had got him in hold at my master's house when I saw him.

Q. Had she brought him before you went for the glass or after. - A. Before.

Q. What was done with the glass afterwards. - A. My master had it.

Q. Did you bring the glass in. - A. No, another man brought it back.

Q. Did you see it at the corner of Duke-street. - A. No, I did not see it there.

WILLIAM PEACH . What do you know of this transaction. - A. If you will give me leave, I will relate the circumstance as it was at this time. I am a carpenter; I was sent to No. 2, Duchess-street, next door to Mr. Magarth's, on Friday the 16th of the present month; I was putting up a bed furniture; not being used to work in that end of the town, it caused my eye several times to see casual carriages; the window was up, and I was looking at the window. A few minutes before twelve, I perceived the prisoner at the bar standing on Mr. Magarth's steps, together with a tall man very much of my own make, a slim made character. The door was opened, and the tall one entered; after he had entered I proceeded on with my work for a minute and a half or two minutes, then I heard a bustle at the next door and a woman's voice, the words she said were - you villain, you have stole the glass; the tall man came out of the house and made off; then I looked the second time out of the window; I then perceived the top of a glass; I saw the men come from the step of the door; the prisoner made his way towards Duke-street with this present glass. I saw the prisoner receiving it, I could not see both their two arms; the other man went to the right, the prisoner went to the left, and Ann Braudeck followed out of the house; she exclaimed, will nobody help me? I immediately run down, entered the street, and turned the corner into Duke-street; the glass was then dropped against some iron railing; the prisoner was parleying to Ann Braudeck , he was saying to her, I have not, and so forth; she had him by the tail of his coat; a plaisterer going along laid hold of him at the time, and I came behind him to see him safe conducted back to the house; a black man coming past brought the glass back to No. 3, Duchess-street.

Q. Are you sure the prisoner is the person that you saw receive the glass from the house. - A. Yes; the window was so situated I saw the step of the door, and he received it; had he been off the step of the door I should have seen who gave it him. I am sure he is the man, and this is the glass.

EDWARD MAGARTH ; ESQ. Q. It was the 16th of October, we understand, when this transaction happened. - A. It was; I was not at home.

Q. Had you left any glass in any room of your house,

a chimney glass. - A. Yes, it was in a small room from the hall on the left hand side of the stairs, it was intended for the country. This was the glass that was in my room in the morning.

Q. Is it your dwelling house. - A. Yes, I reside there.

Prisoner's Defence. I am quite innocent of the charge alledged against me.

NOT GUILTY .

First Middlesex jury, before Mr. Baron Thompson .

Reference Number: t18071028-32

704. WILLIAM ATKINS was indicted for feloniously stealing on the 15th of October , a pelisse, value 4 s. the property of William Matthews and Christian Matthews .

CHRISTIAN MATTHEWS . I am a pawnbroker , I live at 105 in the Minories . On the 16th of October, between two and three o'clock, I was in my shop, I heard something tear from the door, I looked through the window, I saw two boys pass by, I went outside and followed them; I caught hold of the prisoner and brought him into my shop. I found the pelisse between his shirt and his waistcoat.

Q. Where was this pelisse hanging. - A. On the door, part out and part in the shop.

Prisoner. Did you find the things on me. - A. Yes, I found it between your shirt and waistcoat.

(The property produced and identified.)

Prisoner's Defence. As I was coming from Tower Hill. I came past this gentleman's door about twenty yards, a boy run past me, and chucked this pelisse down; I picked it up, and went to put it in my bosom; this gentleman came and knocked me down, and the pellise fell on the ground.

Q. to prosecutor. What is your father's name. - A William Matthews .

GUILTY , aged 18.

Transported for Seven Years .

London jury, before Mr. Recorder.

Reference Number: t18071028-33

705. JAMES BARKER was indicted for feloniously stealing on the 25th of September , two pound weight of copper, value 2 s. 4 d. and one pound eight ounces of pewter, value 9 d. the property of Joseph Roper , and William Roper .

The prosecutor and witnesses were called, and not appearing in court, their recognizance was ordered to be estreated, and the prisoner was

ACQUITTED .

London jury, before Mr. Recorder.

Reference Number: t18071028-34

706. HENRY JESSOP and RICHARD BROWN were indicted for feloniously stealing on the 8th of October , three wether sheep, value 3 l. the property of John Watkins .

JOHN WATKINS . On the 9th of October a labouring man came to me, between the hours of eight and nine in the morning, and asked me if I had lost any wether sheep, he said if I would go with him, he would shew me the remains of several being killed; I went with him, and it appeared to be in one of my fields where I saw three sheep skins, three heads with the wool on; their plucks were on their heads, and all their entrails and the cauls.

Q. Was there any thing about the skins and the heads that you knew them to be yours. - A. Only the marks that were on the fellow skins, to these being the same, is all I know them by.

Q. Then what is there that you know them by. - A. There were one hundred and thirty four in the whole and there is only one hundred and thirty one remaining.

Q. It is only by the numbers you know them by. - A. It is by the marks on the skins, being the same as the others are, a reddle mark on the loins, with a round pitch mark across that, and another mark down the side; and that was the mark that was common to them in the one hundred and thirty one that remained. It was under an oak tree where they had been killed, in the same field, I suppose, where I found the remains of them. There, beside what I have mentioned, two sets of ribs of two of the sheep, they had the meat all off, except three of the ribs.

Q. Where did you find the rest of them. - A. At Queen-square office on the next morning; the officer had them in his custody.

Q. Then as to what you saw, you were clear that it was the remains of the sheep that were yours, and the marks of the skins tallied with these remaining, and what you saw at the office, and these you had seen in the field, made up three whole sheep. - A. Yes.

Q. I think you told us before, they had been put in another field. - A. Yes, they were put before in the field on the other side, where I found they had been killed. There is a hedge and ditch parts the two fields.

Q. They were left in one field and killed in another. A. Yes.

JAMES GILLMORE . Q. When did you see these men with the sheep. - A. On Thursday night the 8th of the present October, about half past eleven at night; I was going through Westminster with a billet of patrols on duty; I met the prisoner Brown first, Jessop was a little behind; when I saw Brown he had got this bag on his arm, that struck my suspicion; Jessop ran from the serjeant who was on patrol with me; he ran after Jessop. We conveyed them both to the watchhouse, there I searched them both. In Brown's pocket I found this knife, which had been recently used, there were grease and blood upon it, it appeared that they had been cut with this knife, there was meat sticking upon it. In this bag he had a shoulder of multon, with the ribs sticking to it; it had been tore away, and these three rib bones exactly fitted what the prosecutor brought up. In this knapsack there were three hind quarters.

Q. You are still speaking of Brown, are you. - A. Yes; there were three hind quarters and two shoulders, and parts of the breast.

Q. Without going through particulars with the parts produced by Watkins, and what was taken from the prisoners there were three whole sheep. - A. Exactly, excepting one foot.

Prosecutor. I searched for it about three days afterwards. I found that foot in the pond.

Gillmore. Upon Jessop I found this whetstone; they had each of them equal share of meat. We sent for Mr. Smith, a master betcher, he compared the meat; he is here.

- BUSHNAN. Q. You was with the last witness. - A. Yes, I overtook Jessop.

Q. And there were these materials found in the bag. A. Yes.

PHILIP SMITH . Q. You are a master butcher. - A. Yes.

Q. You have compared all these parts. - A. Yes.

Q. Do they correspond. - A. Yes, they correspond

in all parts; it cannot be denied; they were tore to pieces.

Prisoner's Defence (read.) My lord, and gentlemen of the jury. in the unfortunate situation we now stand before you, and the distress of our wives and children are great; and being unable to see counsel to prove our innocence, of the serious charge exhibited against us, we trust this, our defence, will be taken into consideration. On the 8th of October instant, as we were returning from Kennington, we got in conversation with a drover; he said he had three sheep that were quite exhausted with travelling, they would not go any further; he asked us thirty-six shillings each sheep; we purchased the three sheep for thirty six shillings each, being assured by him they were his own property. As we were going home at night, we were apprehended on the charge now against us. We humbly lay our case to your lordship, and the gentlemen of the jury. Our situation in life being low, though honourable; we both belong to the Coldstream guards; but in the private line of life, we are both married, and have children; which from our inability to support them at this time, are necessitated to suffer the severest hardships; we therefore bow to your lordship for mercy, and if we should find it contrary to our expectation, we trust we shall find mercy with justice.

JESSOP, GUILTY - DEATH , aged 25.

BROWN, GUILTY - DEATH , aged 48.

Second Middlesex jury, before Lord Ellenborough.

Reference Number: t18071028-35

707. JAMES LUDFORD was indicted for feloniously stealing on the 26th of September , a child's great coat, value 5 s. and two handkerchiefs, value 2 s. the property of John Derbyshire .

JOHN DERBYSHIRE . I keep a linen draper's shop in Whitecross-street . On the 26th of September, about one o'clock, the family and myself were at dinner; a lad came in the shop, that lived in the neighbourhood, and asked if we had lost any thing; in consequence of that, I went to his master's house, where the prisoner was; and after taking notice whether I had missed any thing out of the shop, I found I had missed a child's great coat, and two pocket handkerchiefs; I went to Mr. Wood's house, and there I found the prisoner in custody; they shewed me the great coat, and the two handkerchiefs; I said they were mine.

JOHN MASON . I am a coachman. On the 26th of September, as I was coming along Bunhill-row, I met the prisoner and two others running as fast as they could; I stopped the prisoner, and asked him what he had in his apron; I looked in his apron, and found two handkerchiefs, and a child's great coat.

Q. How many boys where there together. - A. There were three; seeing them run so fast, and having a bundle, I stopped the prisoner; the other two run away. I took the prisoner to my brother-in-law, a pawnbroker; they sent for Mr. Derbyshire.

HANNAH BROOKS . I saw three boys go by Mr. Derbyshire's shop; then I went a little further, and bought a halfpenny-worth of apples. I saw one of them take it out of the shop, and give it to this boy.

(The property produced and identified.)

GUILTY , aged 17.

Transported for Seven Years .

Second Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-36

708. CHARLES MILLER was indicted for feloniously stealing on the 21st of October , a watch value 3 l. a coat, value 20 s. a waistcoat, value 2 s. and a pair of shoes, value 2 s. the property of Edward Dingley in his dwelling house .

EDWARD DINGLEY . Q. Are you a housekeeper. - A. Yes, in the parish of Twickenham . I keep the sign of the Fox .

Q. Did you at any time lose a watch, a coat, and a pair of shoes. - A. Yes, on the 21st of October.

Q. About what time in the day did you miss them. - A. I did not miss them till the Friday following.

Q. What day was the 21st of October. - A. Wednesday; they were then all safe in my bed room, when I got up on the Wednesday morning.

Q. Do you know the prisoner at the bar. - A. Yes, he was quartered at my house, he is a soldier; he belongs to the 13th light dragoons. On Wednesday evening he left my house; when he went away he told me he was going to see his brother at Kingston; my bed room door was open all that day. On Friday morning early, I wanted some part of my things. I looked for them, I found them missing; and the door having been left open, I suspected he had, taken them by his not coming back, as he was to have come back the next day.

Q. Did you afterwards see your watch, coat, and shoes. - A. I saw the coat, watch, and waistcoat at Bow-street; but no shoes. I know them to be mine.

JOHN STRICKLAND . I am a serjeant in the West Middlesex militia; the prisoner at the bar was sworn in our regiment.

Q. You did not know that he was a soldier. - A. No. not till about four hours after he was recruited; a dragoon came and said he belonged to their regiment.

Q. You took him in custody, on what some other person told you. - A. Yes; I found a bundle about him, with a waistcoat belonging to the landlord, Dingley; I shewed it to the landlady at the Fox, she said it was her husband's waistcoat; I produce it. The prisoner told me where the property was; he said he would sooner go under the civil power than go into the 13th regiment again, then I took a post chaise, and brought him to London; I went with the officer, and took the prisoner with me, and found out were the property was; I produce the waistcoat.

Q. Where did you find the the coat and watch. - A. At Moses Moses ; there I found the watch; he produced it at Bow-street office.

MOSES MOSES . I live at 81, Rose mary-lane, I am a salesman. On the 22nd of October, about nine o'clock in the morning, the prisoner came into my shop he asked the shop boy to show him a suit of clothes; I came into the shop, after looking at the suit of clothes, he said he had got a coat and watch to change for it; he said he would take fifteen shillings in exchange for the watch and coat for that suit of cloths and hat. I found two letters on the watch W. M; I asked him what his name was, he said William Murray . He then shewed me a pair of overalls; I looked at them, they were military overalls. I would have nothing to do with them.

Q. Did you at last exchange this suit of clothes for his coat and this watch. - A. I did, I value the watch at thirty five shillings and the coat at twelve shillings. On the Tuesday following Smith the officer came to me from Bow-street, he asked me if I had such a coat and watch; I told him I had. I am sure the prisoner is the man.

- SMITH. Q. You are one of the conductors

of the patrol at Bow-street; in consequence of information, did you go to Moses in search of this coat and watch. - A. Yes, I produce them.

(The property produced and identified.)

Prisoner's Defence. I think he has charged the watch of the value of three pounds; he has charged it to the utmost extent.

GUILTY,

Of stealing, to the value of thirty nine shillings .

Transported for Seven Years .

First Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18071028-37

709. RICHARD NORRIS was indicted for feloniously stealing on the 4th of October , two hives of bees, value 3 l. the property of Joseph Weedon .

The Case stated by Mr. Curwood.

WILLIAM ATKINS . Q. What are you. - A. I live at Harefield, I am a farmer and wheelwright; the prisoner lived in our neighbourhood. On the 4th of October, about eleven o'clock at night the prisoner was going by my gate with a hive of bees tied up in a cloth I asked him what he had got, he would not speak. I said, I insisted of knowing, it was of no use for him to run away; then he threw the hive of bees down; I did not pursue him. I examined the hive of bees, they were not my property; Mr. Weedon came and looked at them and claimed them.

Q. Did you see the prisoner again that night. - A. No, not till Monday morning; then we waited till he came home; and then the constable and me, and two more men, took him. We found another hive upon the premises; after some discourse with him, he said he was brought into it.

Cross-examined by Mr. Barry. You said it would be the better for him to tell the truth - A. I did.

Mr. Curwood. What became of the hive. - A. Mr. Weedon took it home; he has had it ever since.

JOSEPH WEEDON . What are you. - A. I am a carpenter at Harefield .

Q. Do you recollect being fetched by the last witness on the night of the 4th of October. - A. Yes, he shewed me a hive of bees that were mine. It corresponded in all its parts with mine.

Mr. Barry. What is the character of the prisoner. - A. I never before knew nothing against him.

Court. What was that hive of bees worth. - A. We sell them at a shilling a pound; the bees and hives altogether.

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

GUILTY , aged 21.

Whipped in Goal and discharged.

First Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18071028-38

710. MARY NEALE , and ELIZABETH BURKE were indicted for feloniously stealing, on the 27th of October , two rolls of ribbon, value 8 s. the property of William Tanner privately in his shop .

HARRIOT TANNER. Q. Are you the wife of William Tanner . - A. Yes; he keeps a haberdasher's shop , No. 9, Clekenwell-green, St. James's, Clerkenwell .

Q. Did you see either of the prisoners in your shop on the 21st of October. - A Yes, between five and six o'clock in the afternoon, they came in; Elizabeth Burke came in first, the other came in about five minutes afterwards; Burke asked me to let her look at some ribbons, I shewed her several; in the mean time Neale came in.

Q. Did they appear as if they were acquainted. - A. No; Neale asked for some watch ribbons; a young man came in with her and stood rather behind her I took a watch ribbon out of the drawer and showed it her; she showed it to the young man that came in with her, he objected to it; they wished to see some more. I had no more of the same in the drawer, and Burke at the same time hurried me to shew her some more ribbons; I then suspected they came in with intention to steal. Burke did not make choice of any ribbon nor Neale, I therefore put the drawer back and took some watch ribbons that were tied up in the window for show and shewed them to Neale; they did not approve of them; they offered me less money than I chose to take.

Q. Did Burke appear to meddle at all with the watch ribbon. - A. No, they both left the shop.

Q. Did Neale and Burke and the young man leave the shop at the same time. - A Nearly; I did not see when the young man went away. Neale and Burke went out close together.

Q. How long was it after they left the shop did you perceive that you had lost any thing. - A. Directly almost. After they left the shop I missed the piece of ribbon I put into Neale's hand. Upon missing what I had showed to Neale, I rung a bell for a gentleman to come down; he went for a constable. I should have told you in the manner I stopped them, Burke came back for a basket she had left behind her.

Q. Was that before you sent the gentleman for the constable. - A. Yes. Neale came in directly after almost.

Q. How far was Neale from Burke at the time she came in. - A. It did not appear to me that she was many yards. I never saw the young man any more.

Q. What did Neale say. - A. She did not say any thing. When Burke came in for the basket I stopped her; Neale came in directly upon it. I told Neale that I had given a piece of ribbon into her hand, I had missed it, I should detain them both. They denied it; they said I might search them. Neale pulled off her coat, the constable came, he searched them. On Neale he found a piece of watch ribbon, which I had given into her hands. Upon Burke was found a roll of blue ribbon.

Q. Had you missed it before that time. - A. No. I looked in the drawer; I knew I had such a piece; I found it gone. I had seen that piece of blue ribbon when the drawer was before her.

Q. You did not see Neale take this watch ribbon did you. - A. No.

Q. What was the value of the two rolls of ribbon. - A. I cannot say exactly unless they were measured, I think eight shillings.

JOHN DAVIS . I am a constable of Clerkenwell. On Tuesday evening, about five o'clock, I was sent for to take charge of these two women; Mrs. Tanner said she had missed some ribbon, she thought the prisoners had got it. Neale told me I was welcome to search her if I thought proper; I took a piece of ribbon out of her pocket; Mrs. Tanner said it was her ribbon; then I searched Burke, I took the other ribbon out of her pocket. Mrs. Tanner examined her drawer, and then she claimed it to be hers. Burke told me plainly to my face that it never was in her pocket.

Q. You say upon your oath that you did take it out of

her pocket. - A. Yes.

Neale. I was a little intoxicated in liquor.

Davis. She did not appear to me to be in a state of intoxication at all.

GEORGE SELWOOD. Q. Do you live in Tanner's house. - A. Yes; I saw only a piece of ribbon taken out of Neale's pocket. She did not appear in a state of intoxication.

WILLIAM HODGER . Q. Do you live in Tanner's house. - A. Yes; I was only present when Neale was searched; I was out at the time they were in the shop

Q. Had Neale she appearance of being in a state of intoxication so as not to know what she was about. - A. No.

The property produced and identified.

Burke's Defence. I washed for a young man, a sailor, that was on board a ship a twelve month; he came home on Tuesday, I happened to meet him and a young woman, I asked him when he would pay me what he owed me; I went in to ask for a piece of ribbon, I did not buy any; I come out and forgot my basket, I went in for my basket; I had the ribbon that the man gave me in my pocket.

Neale's Defence. I went in to buy a watch ribbon. I can give no account of myself; I was very much in liquor, I might put it in my pocket, I did not know what I was about; I told them they might search me; if I had know'd that I had it in my pocket I would not have said so.

Q.(to prosecutrix.) Did you see that this woman was intoxicated when she was in your shop. - A. No.

NEALE, GUILTY, aged 35.

BURKE, GUILTY, aged 21.

Of stealing to the value of four shillings and ten pence only .

Transported for Seven Years .

First Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18071028-39

711. GEORGE PALMER was indicted for that he being a person employed in sorting letters and packets at the general post office , on the 5th of August a certain letter, lately before brought to the office to be sent by post from London to Oakhampton, in the county of Durham, came into his possession as aforesaid, on the same day, containing a bank note value 40 l. that he feloniously did secrete the said letter containing the said bank note, the property of Richard Preston .

Second count in like manner, only charging him with stealing the bank note.

Two other counts for like offence, only stating the bank note to be in a packet instead of a letter, and

Four other counts for like offence, the property of Samuel Langley .

The Case stated by Mr. Attorney General.

RICHARD PRESTON . - Mr. Garrow. You are a barrister residing in the Temple. - A. Yes.

Q. Had you occasion in the month of August to make a remittance to Oahkampton. - A. I did. On the fifth of August I drew a check of 47 l. 7 s. I delivered it to my clerk, and be brought back to me the amount.

Q. What did you do with it when you received it. - A. I enclosed it in a letter and directed it to Mrs. Ann Langley , the precise notes which were brought in from the banker, and seven shillings.

Q. Did you afterwards put that letter in the post. - A. I do believe I did, in the office in the Temple, upon the same day.

Q. Is your correspondent Mrs. Langley a married woman. - A. Yes, she is the wife of Samuel Langley .

Cross-examined by Mr. Gurney. You say you have every reason to believe, but you cannot be positive. - A. I will state the circumstance; at that time I was very ill. I perfectly remember carrying a letter to the post office.

Court. On that day. - A. I cannot say the day. I will state the circumstance why this must be the letter. I had been ordered to horse exercise; I took the letter to the post office with particular care. I perfectly remember looking at my book; I found that no other inventory was made by me within the time.

Mr. Gurney. Then your intention being called to it some time afterwards, you believe by this chain of reason, that was the letter. - A. I believe it is. If you ask me whether I put in that letter of Mrs. Langley's in the post-office, I cannot say that I did; but from the circumstance. I have stated it is impossible to be any other.

Q. That is the argument; all that you know is that you put some letter in the post office. - A. Yes. I saw a man standing by, I remember throwing it some way in so as to be out of danger.

Mr. Garrow. Have you the least doubt that you put this note inside of the letter. - A. Not the least doubt in my own mind.

JOSEPH SWAINSON . You are clerk to Mr. Preston. - A. Yes.

Q. Did you receive from Messrs. Fraile and co. the value of that cheek. - A. Yes; I received one forty pound, one five pound, and there may be two ones and a seven shilling piece; I delivered precisely the same money to Mr. Preston.

Court. That is for the check of forty-seven pound. - A. Yes.

PATRICK JOHNSON . In the month of August you were clerk to Messrs. Fraile. - A. Yes.

Q. Is that paper in your hand the check of Mr. Preston upon that house. - A. It is.

Q. Did you pay that. - A. I did; a forty-pound note, a five, and two pound seven in money; the number of the forty pound note was 4540; I did not take the date when I paid it. When we receive a note we take the date, 20th of July 1807; the number of the five pound note was 1110; I have not the date of that.

Cross-examined by Mr. Alley. I find you have not the immediate time of date in your book of the entry. - A. No.

Q. You refer to another book made at another time. - A. No, made on the same day.

Q. I suppose you have a great many other entries made on that day. - A. Yes.

Q. Therefore it is impossible for you to say you made it on the same day. - A. I have none of the same number.

Q. Did not I understand you to say that you had other forty pound notes received on that day. - A. Yes.

Q. Did not you pay away other forty pound notes on that day. - A. I paid away other forty pound notes, but not of the same number.

Q. I do no see how it is possible that you can say that was the forty pound note that you paid away that day. - A. I have no other way but by the number.

Mr. Garrow. I understand you that at the time you paid Mr. Preston's clerk, you took down the number. - A. I did.

Q. You did not at that time, paying it away, take

the date. - A. No.

Q. Therefore you refer to 4540, and there in the receipt book you find 20th of July 1807 - A. Yes.

JOHN ABRAHAM - Mr . Wall. You are the receiver of letters in the office in the Temple. - A. I am.

Q. On the 5th of August do you remember making up the bag of letters to be dispatched to the post office. A. The last thing that we do is to take the account of the paid letters, and to sign the account, which is the last thing we do; that makes me to say it was done, and they were made up in the usual manner on the 5th of August, and dispatched to the post office. I sealed it and delivered it to the messenger that comes from the post office.

Cross-examined by Mr. Gurney. You keep the post office in the Temple. - A. I do.

Q. You have not a distinct memory of that night. - A. Only we make out that account, which I begged Mr. Parkin to bring; for that reason I am almost positive that I made up the bag.

Q. Were you in the habit of taking out all the letters from the box and putting them in with your own hands. A. No, I have assistance to do that.

Q. Therefore you do not mean to swear that you cleared the box of every letter. - A. Certainly not.

Q. You do not know but what some designing person might have took it. - A. That is impossible, there was a person watching from four to five.

WILLIAM HUMPHRIES. - Mr Fielding. You are a messenger to the post office. - A. Yes.

Q. Did you on the 5th of August, in your regular way, receive the letters to carry to the post office. - A. Yes, and I delivered it in the inland office.

Cross-examined by Mr. Alley. Do you take the letters every night. - A. Yes, if I am well; I am certain I took them that night, the book at the office proves it.

JOHN BAPTIST AUSTIN . - Mr. Wall. What situation do you hold in the post office. - A. I am one of the presidents of the inland office.

Q. Do you attend when the inland letters are sorted. A. Yes.

Q. Do you know the prisoner. - A. He was a sorter of letters in the inland office.

Q. Are you able to say whether he was on duty sorting the letters to go by the mail on that night, the 5th of August. - A. He was.

Q. Letters from Oakhampton, and various other parts of the kingdom, were sorted there that night - A. Yes.

Q. Do you know what salary the prisoner has. - A. The salary is eighty pounds a year, with the addition of about ten pounds for extra service.

Q. Was the bag for Oakhampton made up in that office that night. - A. Yes.

Cross-examined by Mr. Gurney. And the bag of any other place in England would. - A. Yes.

Q. That is the office in which all the letters for Great Britain go. - A. Yes.

Q. Is there any particular district or division in the office in which the Oakhampton letters would be sorted. A. Yes.

Q. Was the prisoner one of the persons that were employed at that particular district. - A. He was not. The whole mass is sorted at nine different districts; he was one of the persons employed at the general district.

Q. Is it by your memory, or have you any documents by which you are enabled to say the prisoner was employed on the 5th of August. - A. Here is his handwriting; there is an entry in the book to shew that he was employed that night.

Q. I believe when the messengers come from the different post offices, they empty their bags - the contents of their bags are shot out upon a table. - A. Yes.

Q. Then I presume by persons who are there they are faced. - A. They are faced.

Q. They are then by other persons stamped. - A. Yes.

Q. They are then given in a bundle to a messenger to carry over to persons who sort them. - A. Yes.

Q. How many persons are there employed in this business - facing, stamping, sorting, and carrying of them. - A. Upwards of twenty.

Q. How many persons are there in the same office. A. Upwards of fifty.

Q. How long had this young man been in the office. A. I think he was appointed in 1801.

Q. You are very strict of enquiring of the character of all the persons who are employed there. - A. Yes.

ROBERT HAWKES . - Mr. Abbot. Are you the post master of Oakhampton. - A. I am.

Q. On what day of the month of August would letters that left London on the 5th, arrive at Oakhampton. A. On the 7th.

Q. Did the London bag arrive on the 7th. - A. Yes, at five in the morning; it came sealed, quite perfect, in its regular course.

Q. Was the letters sent out in the usual way to persons in the town. - A. They were, at eight o'clock in the morning.

ANN LANGLEY . Q. Did you live at Oakhampton on the 7th of August last. - A. Yes.

Q. Did you on that day receive any letter from Mr. Preston of the Temple. - A. No.

Q. What is your husband's name. - A. Samuel.

CHARLES EDWARD WARNER . - Mr. Mears. You were on duty upon the 7th of August last in the bank of England. - A. Yes, I am in the bank note pay office.

Q. Do you recollect a bank note of forty pounds, No. 4540, being offered for payment on that day. - A. Yes. I had a bank note offered for payment of forty pounds on that day, about two o'clock, I suppose.

Q. Do you recollect that person at all who offered that note for payment. - A. That is impossible. We have two or three hundred people in a day. I paid it in six five pound notes, No. 1806 inclusive, to 1811, and five two pound notes also; all the five pound notes were dated the 31st of July.

JOHN GIBBONS . Q. Have you some bank notes. A. Yes; I produce a forty pound bank note, No. 4540, dated 20th of July 1807 wrote upon the back of it Wilson, Windsor-street, Bishopsgate-street; there is another name, but whether it is Warren or Wilson, it is impossible to tell, it is blotted so.

Q. to Warner. How came that note to have Windsor street on it. - A. When we took the note I could not make out what it was; I enquired of the person what street it was, whereof I wrote Windsor-street, Bishopsgate street myself, he telling me it was Windsor-street.

TIMOTHY JANSON . - Mr. Wall. You live in Skinner-street - A. Yes, I keep a linen draper's shop.

Q. Do you remember in August last the prisoner coming to your shop. - A. I cannot say positively that I saw him in my shop; I saw him previous to his being

examined at Bow-street, I recollect seeing his person, his features are familiar to me.

Q. Do you remember in the month of August last, sending any articles to Mr. Paris, Tooke's-court. - A, I remember a parcel being made up, and sent to Paris, Tooke's-court, on the 8th of August last; I did not serve him; the young man informed me he had put the note in the till; I found a five pound note in the till. on the evening of the 8th of August 1807.

Q. to Gibbons. Give that witness the note. - A. Yes.

Q. to Janson. Look at that note - are you sure that is the note you found in the till on the 8th of August. - A. I am very certain, from it containing figures on it of my writing, by which I ascertain it is the same note I saw in my till.

Q. When did you see that note afterwards. - A. When it was taken to the bank of England.

Q. What is the name of the shopman who served the articles. - A. Coleman.

Cross-examined by Mr. Gurney. How long afterwards was it when you were requested to speak upon the subject. - A. I think about a month afterwards.

Q. Which are the figures of your own hand writing, that enables you to say that you saw it in your till. - A. These figures, 1807. I can say that note passed through my hands on Saturday the 8th of August; there is on it, Paris, 8th of August 1807.

- COLEMAN. - Mr. Attorney General. You were late a servant to Mr. Janson. - A. I was his shopman in August last.

Q. Did you ever see the prisoner at the bar at Mr. Janson's. - A. I believe I have seen him at Mr. Janson's shop; I cannot take upon me to swear, but I believe he is the person.

Q. Did he purchase any thing at Mr. Janson's shop - did that man you suppose him to be. - A. I saw him twice; I cannot recollect what he purchased the first time. The second time he purchased some superfine black cloth, some white quilting for waistcoats, and some drab kerseymere; they were sent to Mr. Paris' Tooke's court, by his order.

Q. Look at that bank note, whose writing is that on the back of it. - A. I wrote the word Paris and August; I cannot say as to the 8th; I think it is mine, but I am not certain.

Q. From whom did you receive that note. - A. From the person that purchased the goods, and desired it to be sent to Tooke's court, which I believe to be the prisoner. One parcel was sent by William Cook , and the other was sent by a young man in his service.

WILLIAM COOK . - Mr. Attorney General. Do you remember being sent with any goods by Mr. Janson to Mr. Paris in Tooke's-court. - A. I know I was sent with a parcel to Tooke's-court; I carried it and left it at No. 6; I cannot say whether it was Mr. Paris's or not.

JOHN MARSHALL . - Mr. Garrow. Are you a linen draper upon Holborn bridge. - A. Yes.

Q. Do you know the prisoner at the bar. - A. I saw the prisoner at Mr. Wells's shop, Holborn bridge; I think it was on a Saturday in August, I was at Mr. Wells's on business; I saw the prisoner purchase goods and pay for them with a note; what the note was I do not know. I think the goods were a piece of patent woollen cord.

JOHN WELLS . You are a linen draper at Holborn bridge. - A. I am.

Q. Did the prisoner at the bar at any time purchase any articles in your shop. - A. Some time in August; Mr. Marshall was present at one time, when he purchased woollen cord for breeches.

Q. How did he pay. - A. I think he had a note, I cannot recollect.

Q. Had you any occasion to pay any money into the house of Newnham and co. - A. Yes; I think I paid money into the house of Newnham and co. for a bill of exchange.

Q. Was the money that you paid in, money that you collected in your shop. - A. Yes, it must be so. I paid in for a draft of sixty pound odd.

Cross-examined by Mr. Alley. You say what money he paid you you cannot tell. - A. I cannot.

ROBERT CURTIS . - Mr. Garrow. Were you in the month of August, a clerk in the banking house of Messrs. Newnham and co. - A. I was.

Q. Have you got a five pound bank note, No. 1806, did that note come into your hand as clerk. - A. It appears to have been in our house, and it has been marked by one of our clerks; Mr. John Gilbert .

Q. Did you receive this note. - A. It was received by me, and by him marked.

Q. You received a bill of Wells and co. Holborn bridge, for ninety-six pound five shillings and sixpence - was the note now in Gilbert's hand paid in part of satisfaction of that bill. - A. I received ninety-three pound in bank notes, No. 10; which is the process.

Q. Does that process enable you to say that that bank note was one of the notes - A. It appears so.

Q. Did you take the numbers. - A No, not of the five pound notes. We received ninety-three pound in various notes; these notes were paid with others, to the amount of three thousand, in the bank of England. The whole of the ninety-three pound was marked No. 10; there were three pound five shillings and sixpence paid in cash. This note is marked No. 10, the figure is blotted. We had twenty lots of notes, they were marked from No. 1, to 20.

Q. Then that lot No. 10, is descriptive of the notes which were paid in ninety-three pound; part of ninety-six pound from Wells and co. - A. They are.

Q. Then looking at this, are you able to tell us whether these are one of those as part of No. 10 lot - A. I believe it was.

Cross-examined by Mr. Gurney. Were the notes received at Messrs. Wells or your own house. - A. In our house.

Q. Were you the person that received these notes. - A. Yes.

Q. You have made no entry in your own book of the numbers you received. - A. I have not.

Q. You did not put No. 10, or any other number, upon these notes. - A. I have not.

Q.After you received them I suppose they were then laid aside for some other clerk to put the number upon them. - A. Yes, then they were folded up, tied with a string, in order that they might be sent into the bank the next morning.

Q. How many hands did they go through that morning. - A. They went through no more hands than the person that marked them.

Q. You have no distinct recollection of the mark. -

A I have not.

Q. Then whether this was one of the notes of the ninety three pounds depends upon he gentleman who wrote upon them. - A. Exactly so.

Q. Who took them to the bank the next day. - A. This gentleman.

JOHN GILBERT . - Mr. Garrow. You are clerk in this banking house of Messrs. Newnham. - A. I am.

Q. What is your duty with respect to the notes received by Mr. Curtis. - A. We tie them up in a bundle, separate from all other payments, and write the amount; the next day, I mark them regularly from one to one, then I carry the whole sum, that I received the day before, to the bank.

Q. Are you able to say what this No. 10 alludes to. - A. To ninety three.

Q. Do you ever in numbering them from 20 to 30 mix any - A. I always do one parcel before I open any other, then I put them on the other.

Q. Then looking at your book, seeing No. 10, refers to Wells and Marshall, payment of ninety three pound; in part of satisfaction of ninety six pounds, and you verily believe this was paid in satisfaction of that debt. - A. Yes.

Cross-examined by Mr. Gurney. All you know you made the mark number ten. - A. Yes.

Q. You did not make the entry. - A. No.

Q. For any thing that appears to the contrary, that may be number ten on any other day. - A. It may.

Q. There is no day on which you do not write No. 10. - A. Scarcely any day.

Q. All you know is that has gone through your hands, and Mr. Curtis tells us that on that day he took ninety three pounds of Wells and Marshall. - A. That is all I know.

ALEXANDER PARIS . - Mr. Attorney General. Where do you live. - A. At No. 6, Tooke's-court.

Q. Do you know the prisoner at the bar. - A. I do; he has lived with me since Christmas last.

Q. What rent did he pay you. - A. He paid me for his lodgings, twenty four pound a year.

Q. At what time did he usually pay. - A. He usually paid me every quarter.

Q. Previous to August he had paid you the Lady day quarter and Midsummer quarter. - A. He did.

Q. Was there any payment made to you in August. - A. I believe there was.

Q. Without seeing the receipt cannot you tell from your memory, have you no recollection of his paying any rent in August. - A. I think he did, without the receipt; I cannot say.

Q. When was he taken in custody. - A. After he paid me. I have no recollection of the day.

Q. Was it in September. - A. Yes.

Q. Had you received this money before September (the receipt shewn to the witness). - A. That is my signing.

Q. Whose writing is it. - A. My son's, I believe; no, it is all my writing.

Q. Do you recollect the time when Mr. Parkin first came to the house with the prisoner, that was on the 6th of September. - A. I believe it was, I keep no account. I do not deny it.

Q. Was it before Michaelmas. - A. Yes.

Q. Was it in September. - A. I believe it was.

Q. Have you got any account of your receiving of the money. - A. No, it is on the receipt.

Q. You were directed to bring your books. - A. I was, but Mr. Parkin said it was of no use.

Mr. Parkin. I did not.

Q.(to Paris.) You received it before Mr. Parkin came. - A. Yes.

(The receipt read.) Received of Mr. George Palmer the sum of six pound, due on Michaelmas day.

Q. It does not state the day on the receipt - this was paid how long before Mr. Parkin came. - A. I really do not recollect how long.

Q. What was the occasion of Mr. Palmer paying you before the time came. - A. I do not know his reasons, but I believe he was going to move.

Q. Did you demand payment of the money. - A. No, he sent word by my wife that he would wish to pay it; I carried up the receipt and received the money on the day stated in my book.

MR. PARKIN. - Mr. Garrow. We all know you are the solicitor of the Post-office, when was the day you went to this house in Tooke's-court. - A. Saturday the 5th of Sepetmber; that was the first day I went to Mr. Paris's house. I either saw this receipt on that day, or a few days after. I went there on several occasions.

WILLIAM ANTHONY . Q. You are a police officer. - A. Yes.

Q. Did you go on the 5th of September to the prisoner's lodgings at Paris's house. - A. Yes; I found there a piece of fine black cloth, a piece of worsted cord, and another kerseymere for breeches, and three pieces of quilting for waistcoats; I saw this or similar. I did not take them at that time. I afterwards took them away from his brother at a grocer's in Holborn, on the 15th. They have been in my possession ever since. I believe them to be the same I saw in his lodgings; the size, quality, and the colour are the same.

- PALMER. Q. Those things that Anthony took away from you, whom did you receive then things from. - A. From my brother.

Q.(to Coleman). Look at these articles, are any of these the goods that were purchased by the prisoner and ordered to Paris's. - A. The black superfine cloth, the white quilting, appear to be the same.

JOHN WELLS . Q. You produce the bill of exchange that is drawn upon your house. - A. At the time it was drawn, it was drawn at our house; we have dissolved partnership.

Q. Who took that up. - A. I cannot say whether I took it up myself or my servant. I had a check of ninety six pound odd.

Q Did you go to Messrs. Newnham yourself. - A. I did not go myself, I sent my servant or a friend.

Q. Did you send the means for paying with it. - A. Yes.

Q. You have said before, you took that money in your shop. - A. I took money from my brother in the country.

Q. Then it was either the money took in the shop or money that you received from other means. - A. Yes I might take every farthing in the trade I cannot recollect.

Q. Now look at any of these articles and tell me

whether you know any of them. - A. These printed quiltings are the patterns that I sold to the prisoner. I believe them to be the pieces, they correspond in pattern and size; the cord I cannot say. The first time he came to my shop he purchased a piece of drab woollen cord, that corresponds in size. but there are various colours in drab.

Mr. Gurney. Now Mr. Wells, for the purpose of taking up that ninety six pound check, you sent your servant or friend. - A. I did.

Q. Whether that friend paid in the identical money you do not know, you did not go with him. - A. I did not go with him.

Mr. Garrow to Parkin. When you went on the 5th of September to the prisoner's lodgings at Paris's, did you see a man of the name of Inman. - A. I saw a man whose name I did not know; I saw the same man a few days afterwards he said his name was Inman, he said I had seen him there on the 5th of September; I asked him whether his name was Inman, he said yes.

Mr. Gurney. You questioned the prisoner on the 5th of September. - A. Yes.

Q. After that the prisoner remained at large from the 5th to the 12th. - A. Yes.

Q. He did not avail himself of the means of absconding. - A. No.

Q. On the 10th he was sent for by an officer, and there he was, he attended. - A. Yes.

ELIZABETH MARTIN . - Mr. Abbot. Where do you live. - A No. 6, Windsor-street, Widegate-street, Bishopgate street.

Q. Did you live there on the 7th of August last. - A. I have lived there sixteen or seventeen years.

Q. Did any person of the name of Wison, live at No. 6, Windsor-street. - A. There has been no person that lived there of the name of Wilson on the 7th of August, nor any time that I recollect; the people that lived there before lived there nine years, and the last people have lived there two years.

Court. Read the note, the date, and the sum. - (Read.) Dated 20th of July 1807, No. 4540, a bank note for 40 l.

Prisoner's Defence. I am innocent of the charge alledged against me.

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

NOT GUILTY .

London jury, before Lord Ellenborough.

Reference Number: t18071028-40

712. MARGARET KELLY was indicted for feloniously stealing on the 29th of September , three gowns, value 1 l. a petticoat, value 5 s. two pair of stockings, value 3 s. two shifts, value 5 s. and an apron, value 2 s. the property of Ann Cummings , spinster .

ANN CUMMINGS . I am a single woman, I lived at 38, Bow-street, Covent Garden , I was a servant there.

Q. What is your master. - A. He is a fishmonger.

Q. Did you lose any of your clothes on the 29th of September. - A. I did; I was very ill and obliged to go to the hospital. I left my clothes at my master' house in the box.

Q. When did you go to the hospital. - A. About a week before Michaelmas day.

Q. When did you return and miss your articles. - A. My doctor told me I wanted necessary things. I sent my key to my mistress for the things I wanted; when my mistress went to get the things I wanted she found my box open; I went from the hospital to my master's, I perceived all the things were lost.

Q. Are you sure that you left all your things locked up in your box when you went to the hospital. - A. Yes.

Q. Did the prisoner live at your master's house. - A. Yes, she came there after I left it; I left my box in the same room that the prisoner came to sleep in. I saw my things taken out of the prisoner's trunk at Bow-street office; I know them to be mine; there were three gowns, a petticoat, two pair of stockings and an apron.

Cross-examined by Mr. Curwood. Are you sure that you did not leave them about the room. - A. I can take my oath I left them in my box.

JOSEPH GOULD . I am a fishmonger.

Q. Are you this young woman's master. - A. Yes. On Michaelmas night the prosecutrix sent her key to me from the hospital; I gave it to my wife, she went up stairs, she came down and called me into the passage, and the two servants; we all went up stairs and saw the box open, and the things gone.

Q. You took the prisoner up with you. - A. Yes; my wife said in the presence of the prisoner, that this poor girl in the hospital had been robbed; I asked the prisoner if she knew any thing of the transaction, or where the clothes were gone to; she said no. I insisted upon opening the box. The prisoner put the key in the key hole of her box and I unlocked it, and the first thing I discovered was three of Ann Cummings 's gowns, I knew them from seeing her wear them; I found all the other articles in her box; then I locked the box and put the prisoner into the watchhouse, till the magistrate came to the office. The next morning Cummings came to the office and claimed them. The prisoner then said they were loose about, and she put them by to take care of them for the girl.

(The property produced and identified.)

Prisoner's Defence. When I went to live with Mr. Gould there was no things about the room; the day before Mr. Gould took me up I found them things rolled under the bed on the bedstead; I put them in my box, because there are lodgers in the next room, and the door is never shut; the other servant had told me that Cummings had gone away ill and they thought she never would come back; I put them in my box, I meant to tell my mistress of them, but master frightened me so in taking me up.

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

GUILTY , aged 16.

Confined Six Months in Newgate , and fined One Shilling .

First Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18071028-41

713. WILLIAM SAUNDERS was indicted for feloniously stealing on the 25th of September , an axe, value 5 s. a square, value 2 s. a box pin, value 2 d. and one brush, value 3 d. the property of James Ford .

JAMES FORD . I live at Knightsbridge, I am a sawyer .

Q. Did you lose an axe, a square, a box pin, and a brush - A. Yes, on the 25th of September; I lost them all at one time, out of a shed in Mr. Whitehead's fields; I had put them in the shed on the over night at a quarter after six; I went to my work; I missed them, I saw them about nine o'clock at Mr. Clarke's; the prisoner was in the watchhouse; I knew they were my tools.

- BUTTERWORTH. I am an officer of Bow street. On the 25th of September, twenty minutes past twelve at midnight, the prisoner Saunders was sitting on a basket; I asked him what he had got in the basket, he said he was going to take the things in his basket to Isleworth, one Mr. Phene had given them to him to take there, he was gone on in a chaise; I did not believe the story, I put him in the watch-house; I kept the tools. Then he said he would tell me the truth, and shew me the place where he took the things from, which he did.

Q. Did he appear to be sensible. - A. Perfectly sensible.

(The property produced and identified.)

Prisoner's Defence. That man said if I would tell him where I took the property from he would let me go directly.

Butterworth. I never named it.

SARAH DONOME . My husband is a shoe maker; I have known this boy from a youth; really he is an honest child; he is rather flighty, he has run a way for weeks together, and does not know what he is about. I know he is bad in his head.

Q. How did he get his livelihood. - A. Sometimes he worked in the brick fields.

GUILTY , aged 19.

Fined One Shilling and discharged.

First Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18071028-42

714. THOMAS EXELL DUFFIN was indicted for feloniously stealing on the 20th of October , ten pound weight of tea, value 40 s. the property of certain persons to the jurors unknown.

The case stated by Mr. Gurney.

JOHN COLLYBER BOYS . Q. I believe you are watchman at the East India docks . - A. I am.

Q. On Sunday last were you attending at the East India docks. - A. I was. About four o'clock I saw the prisoner coming out of the gates; he had this waterman's jacket over his arm; as he turned out of the gates this pocket appeared bulky. Wymer, an officer belonging to the dock company, and I asked him what he had got; I looked at the pocket, I found it contained tea; I said I should seize the tea for the King, and the officer detained him. I turned the tea loose out of his pocket, and put it in a bag; I weighed it, it contained ten pound of green tea. There were five Indiamen in the bason.

FRANCIS WILLIAM WYMER . Q. Did you apprehend the prisoner. - A. I did, I saw the tea taken from him.

Court. Every body must have strong suspicion how he came by it, but there is no proof how this man stole it; there is no proof that any body had been robbed there.

NOT GUILTY .

First Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18071028-43

715. GEORGE HOUGHTON was indicted for the wilful murder of Alexander Hart on the 10th of October , and charged also on the coroner's inquisition with the like murder.

The indictment was read by Mr. Gurney, and the case was stated by Mr. Knapp.

MOSES MOSES . - Mr. Gurney. How old are you. - A. Fourteen years old.

Q. Do you know whether it is a good thing or a bad thing to tell a lie. - A. Yes; if I tell a lie I shall go to a bad place.

Q. Mind you tell the truth and nothing but the truth. - A. Yes.

Q. On the afternoon of Saturday the 10th of October, where were you. - A. I was playing at hoop in the grounds in Strype's yard, Bell-lane, Spital Fields , on the ruins where they pulled them houses down, between five and six o'clock in the afternoon, it was day light.

Q. Was the deceased Alexander Hart in company with you at play. - A. Yes, and several other boys.

Q. Look at the prisoner, and tell me whether you saw him there. - A. I saw him throw a brick among us.

Court. Who do you mean. - A. Among the boys; then he went in at a door.

Mr. Gurney. Did you see him again. - A. Yes; he came out of another door of the same house with a gun in his hand; I saw him point the gun to the boys; he fired it off. When he fired it off I saw the boy Alexander Hart fall down immediately on his face.

Q. At the time he fired what was Hart and the other boys doing. - A. They were playing at hoop.

Q. Had either Hart or the other boys done any thing to Houghton as you know of. - A. No, not as I saw.

Q. Was any other gun fired. - A. No sir, no more.

Q. Are you quite sure that the prisoner at the bar is the man who fired that gun. - A. I am quite sure.

Cross-examined by Mr. Alley. Now attend to me; I suppose the boy that died was an acquaintance of yours, you had been often playing together. - A. No, only once before that time.

Q. On this ground where you had been playing were there not a quantity of bricks piled up, which had been pulled out of the old buildings. - A. Yes, there were bricks piled up.

Q. Had not the boys on that occasion, when this unfortunate accident happened, and on former occasions, pulled down these bricks. - A. No, they never touched these bricks.

Q. Be cautious - do you mean to tell me that they never did pull down or do any thing to them. - A. Yes.

Q. Now, sir, I ask you whether the man at the bar, and some of the workmen, had not over and over chastised you for pulling down the bricks. - A. Nobody spoke a word to us.

Q. The man at the bar had been put on the premises for the purpose of taking care of the property. - A. I did not know that.

Q. He lived in a little house that was inclosed by a wall. - A. Yes; there were all bricks piled up about the house; there were two doors to this house.

Q. Supposing you were standing in his yard, with

your back to his house, the door from which the brick came would be to the right. - A. Yes.

Q. Then when you come to the other door from which he fired the gun, would be upon his left hand. A. Yes.

Q. After the brick bat was thrown, and before the gun was fired, did not the boys run about from one door of the house to another door. - A. No; as soon as he throwed the brick we ran a distance off.

Q. Did not some of these boys climb up these bricks and stones that were piled up at his house, and pelt his house with brick bats and stones, and threw them in at his windows. - A. No, there were none of the boys did that.

Q. This unfortunate boy was one of your religion. A. Yes.

HENRY SAMUEL - Mr . Knapp. You work at a coal shed in Petticoat-lane. - A. Yes.

Q. Were you in Strype's yard on the day this accident happened. - A. Yes, I was sitting there on a cart that stood there, between five and six o'clock in the afternoon; I was there a quarter of an hour before the accident happened.

Q. Did you know the deceased Alexander Hart . A. I did; he was playing with about fourteen or fifteen boys there, at a game they call hoop.

Q. Did you see the prisoner there. - A. I saw the prisoner when he threw the brick bat.

Q. What were they doing when, he threw the brick bat. - A. They were playing at hoop.

Q. Where was he at the time he threw the brick bat. - A. He was standing at his back door; upon this throwing the brick bat several of the boys ran off.

Q. Did you see the deceased, or any of the boys, touch any bricks, or get on the bricks, before the house. - A. They did not.

Q. Did you see the deceased, or any one of the boys, throw any stones or brick towards, or at, the house of the prisoner. - A. No; they did not, nor said any thing to the prisoner. When the prisoner throwed the brick bat the deceased run a little way and stopped to see where the brick came from, he saw the prisoner come out of his back door; he then run a little way, and then the prisoner fired.

Q. Was it a gun that he fired. - A. I could not tell whether it was a gun or a blunderbuss; I saw him fire.

Q. Did he let off the piece towards the deceased. A. He did; it shot Alexander Hart ; I got out of the cart, I turned round the corner, I fell over Alexander Hart ; I picked him up and I threw him on my knee, I found his mouth with a gore of blood; I asked him if he hurt his mouth, he said, oh, my mouth! my back! I immediately put my hand down by the back part of his head, I found a hole, I saw he was shot; I took his coat off, and found a hole in his neck, and a hole in his coat and waistcoat; then with assistance I took him home to his aunt's in Bell-lane.

Q. How old was this boy. - A. Between thirteen and fourteen, I believe.

Q. Was it immediately upon the piece going off that the boy fell. - A. I did not see the boy fall.

Q. Was it immediately after you heard the piece fire that you got out of the cart and fell over him. - A. Not directly; I waited two or three minutes after hearing the report.

Q. Are you quite sure that at the time you saw and heard the piece go off, and the time you fell over the deceased, that only one piece went off. - A. Yes. After I had taken the boy home, I went and shewed the people where the prisoner lived; I opened his private door, the front door, and he was washing his hands; and I shewed them his back door where he let off the piece. On seeing him washing his hands, I said this is the man that let off the piece, I knew him before; they said go and fetch an officer. In the mean time I was gone they took him in custody.

Cross-examined by Mr. Gleed. How many yards might it be from the place where you were sitting to the place where you saw the prisoner come out. - A. Fourteen or fifteen yards.

Q. It was quite light. - A. Yes.

Q. So light that you were able to distinguish a stone from a brick bat. - A. Yes; I picked up the brick bat afterwards.

Q. And yet not light enough to distinguish whether it was a gun or a blunderbuss. - A. Because as soon as he pulled the trigger, he let it off and went away.

Q. How came it about that you fell over this boy, as it was so light - A. As I turned the corner I happened to slip over him.

Q. Had there been no brick bats thrown by the boys nor no noise. - A. No.

Q. You have told us that the prisoner came out of a door with a gun or a blunderbuss, I ask you, supposing you were standing with your back to the prisoners's house, would that door be to the right or to the left. - A. It is the right hand door.

Q. How many feet might he be from that door when he fired - A. About a yard out of the door.

JACOB JOSEPH . - Mr. Gurney. In the afternoon of Saturday the 10th of October did you see the prisoner Houghton. - A. I did; between five and six o'clock in the afternoon upon the ruins in Strype's-yard, there was a number of boys playing about in Strype's-yard; Houghton put his right hand into his right hand waistcoat pocket, and pulled out some shots; he then said he should shoot some of them into these boys; I went away then. I cannot say how many minutes it was afterwards I heard the report of a gun. Nathan Levi was by when I spoke to the prisoner. When the gun fired I was in my house.

Cross-examined by Mr. Alley. Levi was in company with you at the time of this conversation. - A. Yes.

Q. Was any body else by at that time. - A. I do not think there was.

Q. How came you to talk to the prisoner, were you intimate. - A. No further than my house is near the building.

Q. I dare say you had no enmity against him. - A. None at all, there was no reason; I always thought he might be a civil man.

Q. What are you. - A. I am a dealer.

Q. A dealer is such a term, I cannot define it. - A. If you cannot, I cannot help it; I am a dealer in clothes.

Q. Do you remember when these old houses were

pulling down in this yard. - A. No, I do not keep an almanack in my head.

Q. I only ask you whether you remember their being pulled down; I will bring it to your memory most distinctly presently - do you remember the prisoner stopping you carrying away a joist, do not you know what a joist is. - A. No, I am no builder.

Q. Did not the man at the bar, against whom you said you had no ill will, did not he within ten days before this commenced, detect and stop you carrying away a piece of timber. - A. He did not.

Q. That is as true as all you have said; now in charity let me ask you, upon your oath, did not that man while these buildings were pulling down, stop you with a piece of timber on your back, which you had taken out of that house. - A. No.

Q. Do you remember at any time when Mr. White was attending with the prisoner at the bar, and another man, the prisoner having said to Mr. White you was the man that was stopped when you was carrying away the timber that was stole from the house. - A. I will tell you he was such a kind of a man, he would stop a man for carrying away a brick.

Q. I will put the question again to you - did you not hear that man tell Mr. White, when another man was standing with him, that you was the man that on the Sunday previous had taken a piece of timber. - A. I did not hear him say any thing.

Q. Did not that induce you to hold down your head and sculk off. - A. No.

Q. How often have you conversed with Ann Terry about this prosecution. - A. I never said one single syllable to her except once.

Q. Did not you tell her what she was to say, and afterwards told her to take care to speak to the story you had given her. - A. No, I never did.

Court. Nor any thing to that effect. - A. I did not, and so the girl will say when she comes here; I have never been in her company but when I was going to the magistrate, and before the coroner's inquest and coming here.

Mr. Alley. Do you know her mistress. - A. I do, being a neighbour.

Q. How often have you been in her mistresses's house. - A. I never have been up stairs, in her house.

Q. How often have you been there since this affair happened. - A. I never was in her mistresses's house in my life. I hope I am not to be threatened by Mr. Vaughan and the prisoner's brother.

Court. You are not to be threatened at all.

Mr. Gurney. Have you been threatened by the prisoner's brother. - A. I have been threatened by the prisoner's brother.

Court. How far were you from this place when you heard the report of the gun. - A. I might be thirty yards distant; I did not go out, because I was used to hear the report of a gun two or three times of a night; I did not think the man would be guilty of it.

NATHAN LEVI . - Mr. Gurney. What are you. - A. I am a broker in Petticoat-lane.

Q. On the afternoon of Saturday the 10th of October were you in Strype's-yard. - A. I was, between five and six o'clock.

Q. Did you hear any conversation between Houghton and Jacob Joseph . - A. I saw Houghton put his hand into his waistcoat pocket and take out some shot; he said to Joseph, I will send some of these into them.

Q. Who did you understand by them. - A. Among the boys that were playing in the ruins; Joseph advised him not to do so if he wanted to frighten the boys to put a little loose powder in the gun and to fire it in the air, that would frighten the boys and they would run away; I then went home.

Q. How far is your home from that spot. - A. About forty yards; I did not hear the report of the gun.

ANN TERRY . - Mr. Knapp. Are you a servant to Mrs. Isaacs. - A. Yes, she lives close by the place where this happened.

Q. Were you in Strype's-yard with a child in your arms on the afternoon when this happened. - A. Yes; it was between five and six o'clock; I was two or three yards from Houghton's house; I saw Houghton come out of his own door with a gun in his hand; there was some boys playing at hoop among themselves; they were not doing any thing as I could see.

Q. Did you know the deceased Alexander Hart . - A. Only by sight; he was one of the boys that were playing.

Q. Did you see him do any thing with the gun. - A. He pointed it at the boys and directly let it off.

Q. Had either of the boys before that done any thing to him. - A. Not while I was there. I did not see the boy fall among so many; directly almost he had let the gun off, he went in doors; as he was going in doors he said these words to himself, d - n your eyes, you young rascals, I think I have shot some of them into you. I saw no more; I was there about two or three minutes before this accident happened.

Q. Before the gun was fired. - A. Yes; I was almost fronting of the house.

Cross-examined by Mr. Alley. You say the first thing you observed was the man coming out and firing the gun - how near was he to his door when he fired. - A. About two or three yards from his own door.

Q. Your expression now is that he pointed the gun at the boys. - A. Yes.

Q. Have you not said that the gun was not pointed to any one. - A. I never said any such thing, nor any thing like it.

Q. What distance was it from the place where the man stood to where the boys stood, was it the distance from one end of this room to the other. - A. It might be about that length; the boys stood right front of the house.

Q. There was a great quantity of bricks on this ground. - A. There were a great many, but they had not been touching them.

Q. The pile of bricks were higher in some places than in others. - A. I cannot tell, they were very high.

Q. If the boy was standing in the front of that man's house, must not the pile of bricks be direct between the man and the boy that was killed. - A. No; the man came past one pile of bricks; he stood at the side of the last pile. I was standing two or three yards from the door that he came out off.

Q. Did he pass by you. - A. He did not.

Q. Then he could not come further out than two or three yards from the door. - A. No.

Q. You said the boys were all quiet, and had not been doing any thing at the time of the firing. - A. They was not.

Q. He came out in that wicked way and fired at them and they were doing nothing at all to him. - A. They did not at that time, I was there.

Q. Had you not shortly before seen them throwing of bricks about. - A. No.

Court. You had just come down, you saw the thing done and then went up stairs. - A. Yes.

Mr. Gurney. Had you ever been on that ground before. - A. Never but once before.

Q. Your mistresses house is but a short way from the place. - A. No.

Mr. Alley. You know where Mr. Joseph lives, who has been a witness. - A, Yes, I do; he lives in a building facing my mistress's house.

Q. He comes to your mistresses' house now and then as he is a neighbour. - A. No, he never came up in our house.

Q. How often have you been in company with Joseph since the boy has been killed. - A. I never was in company with him only in coming up with him and the rest of the witnesses to the magistrate, and to day.

Q. How often have you been to Joseph's house. - A. I was never at the place where he lives.

Q. You have never seen a man hanged, I hope. - A. I would not wish to see such a thing.

Q. You have never said you would like to see the prisoner hanged. - A. No.

Q. Take care, and remember you are upon your oath, be cautious in the answers you give me - have you never said you should like to see the prisoner hanged. - A. No, I never have.

Q. What was it that induced you to ask Joseph what day the man would be hanged. - A. I did not say such a word.

Q. Remember, Joseph has been examined, therefore attend to the question I ask you - whether you did not enquire of Joseph at what time the prisoner at the bar would be hanged. - A. No, sir, I never did.

Q. Do you remember returning home with him from the coroner's inquest. - A. We all come home together from every place were we have been; I had no conversation with Joseph, I walked next to my master.

Q. You did not say one word to him coming from the coroners. - A. No sir; what should I trouble my head with the man, he did not trouble me.

Q. You had not the curiosity to enquire of him what time the man would be hanged. - A. No.

Q. You are a servant, and in the same place now as you were then. - A. Yes.

Q. Do you know whether your mistress has ever been asked whether she would give you a holiday. - A. She has never been asked.

Q. Will you tell me that Joseph never told you he would ask your mistress to give you a holiday to see the prisoner at the bar hanged. - A. No, he never did.

Q. You have the opportunity now to be cautious, and to take care to speak nothing but the truth - then Joseph never said any thing of that sort to you. - A. He never did.

Q. You know Mr. White. - A. Yes, I have seen him on the premises.

Q. Have you never said to Mr. White, that you would do all you could for the purpose of hanging the prisoner. - A. No sir; I never did.

THOMAS COBB . - Mr. Gurney. I believe you are a pupil at the London hospital. - A. I am; under Mr. Thomas Blizard .

Q. Were you at the hospital on the afternoon of the 10th of October. - A. I was.

Q. Was the deceased brought to the hospital. - A. He was, between five and six o'clock in the evening.

Q. Did you examine the wound he had received. - A. I did; I found a ball had entered in the spine of the neck, it was between the last bone of the neck and the first of the back; I found the wound was dangerous; he had lost the use of the lower extremities.

Q. Did that loss of the use of the lower extremities proceed from the wound of the spinal marrow. - A. It did.

Q. How long did he live. - A. He lived till between ten and eleven o'clock the next day I was present when the body was opened; I found a ball or slug in the spine of the marrow. I produce the slug.

Court. It is what they call swan shot.

Mr. Gurney. That shot was lodged, sir, in the spinal marrow. - A. It was.

Q. Was that wound the occasion of his death - A. It was.

MORDECAI LAZARUS . - Mr. Knapp. Did you know Alexander Hart . - A. I did.

Q. Were you present at the London hospital at the time he died. - A. He died between ten and eleven on the Sunday morning; I was sitting by his bed side. He had been with me two years and a half as a glass cutter.

JOHN ARMSTRONG . - Mr. Gurney. You are a police officer of Worship-street. - A. I am.

Q. On the evening of the 10th of October was the prisoner at the bar brought to that office. - A.He was, about seven o'clock; I searched him; I found these five shot upon him, one in one waistcoat pocket and four in the other, loose; when I pulled them out of his pocket he said they were the same.

Mr. Alley. I object to that; was not what the prisoner said taken in writing. - A. I think it was.

Court. We must not hear that.

Prisoner's Defence. May it please your lordship, and gentlemen of the jury. I have the misfortune to appear before you on trial for the wilful murder of the deceased, Alexander Hart - a crime above all others that is punished with immediate death - that punishment the laws of the country has inflicted upon all those that transgress them. I can assure you the death of the youth arose from accident; and were I guilty of the charge, I should tremble at this bar, and yield up my life as an atonement to his injured relatives; but conscious that I am not guilty of the charge, I will relate the following circumstances to you, in order that you may come to a proper conclusion on the subject upon which you are to pronounce your verdict. - I was brought up a carpenter. In 1804, 5, 6, I worked at the new brewery in Golden-lane, where I had the misfortune to fall from the premises and break my leg, and one leg being shorter than the other, I was unable to follow my business, and seven weeks before this melancholy accident happened, I was employed by the proprietors to superintend the works going on there. In consequence of several robberies having been committed on the premises, one of the proprietors gave me a musket, some powder, and

small shot, to repel any attempt that might be made to rob the premises; notwithstanding I was in the habit of firing the powder off every night, yet frequent robberies were committed on the premises, as will appear by Mr. White, who is one of the proprietors. On Saturday afternoon, and the whole of the Sunday, I was generally annoyed by boys and men, who were on these days employed in tossing up, and who when requested by me to desist from these proceedings, have assailed me with brick bats and stones. I have frequently fired over them with powder only. On Sunday the 7th of October, hearing a great noise in one of the houses, I went and desired these persons to depart; I was then under the necessity of running away; I threatened to fire at them, they said fire and be damned; and after having fired, the door was pelted with bricks and stones. On the afternoon the accident happened, several boys and men began to assemble in Strype's yard; they threw bricks one after another. I repeatedly requested them to desist; instead of desisting, they continued till they pulled down the lining of a large stack of bricks, by which a great many were scattered about. About half after five, two persons of the name of Bottle and Martin, who had contracted to take down, clean, and stack the bricks at a certain sum per thousand, when they had done work I discharged them, for which purpose I went into the house; I was occupied in washing my hands, when I heard a great noise in the yard; I went out immediately, I was assailed with stones and brick bats, when I begged them to desist. I went into the house and got the gun, and fired it off, thinking it was loaded with powder only, and when in the act of letting it off, standing on some bricks, I fell down. After the gun had been fired, my next step was to enquire for a peace officer, that the offending parties might be secured. - You will find by the evidence of a person who will be produced before you, that I went in company with him to the office in Worship-street for assistance. - I now have communicated to you the pure, simple, and unadorned truth, attending this melancholy event. - Permit me to ask you, from these facts, whether the crime of murder can be alledged against me. It is alledged that I knew the unfortunate youth - can it be said that I did it to obtain his property - certainly not; was there any other end that could be answered by his death - no, there was not. - I appeal to that God who gave us all life, whether the death that has happened has been occasioned by any wilful act of mine, or whether it has not arisen merely by accident. - Gentlemen, it may be asked, why do not I bring some person to prove what I have asserted, who were there present at the time; I will tell you - this happened at a time when all the workmen were gone from their work, and not an individual remained, unless those that were engaged more or less in the affray. I shall supply that defect by bringing forward a witness, who will prove what was the conduct of the persons then assembled, and when I was with them; I will produce witnesses that have known me many years, who will prove to you that I am not possessed of a vicious or a bad mind. You are now engaged to try a man for the murder of one whom, from his situation in life, he could never be benefited by his death, and who had no object in view in the destruction of a fellow creature - who has been instrumental in bringing one child into the world. - May that God that rules all your minds overrule mine, and if it be your verdict this day that I am doomed to suffer the awful sentence of the law - conscious of my own innocence, I shall resign my soul into the hands of that God who gave it, and though my body may be destroyed on earth, my soul shall arise triumphant in glory, and see the face of God, in whose presence there is fullness of joy, and at whose right hand there are pleasures for ever more.

THOMAS WHITE . - Mr. Alley. What are you. - A. I am a coal merchant.

Q. You are one of the proprietors of the premises that we have been speaking of today. - A. Yes.

Q. In consequence of you and some others purchasing these premises, did you employ the prisoner to take care of these premises. - A. I recommended the prisoner, and he was so employed.

Q. Had you assigned him a house on the premises for his abode. - A. Yes, while he was in our service. And three or four days after he was put on the premises, he applied to me in consequence of some depredations that had been committed on the property; I furnished him with a gun, some powder, and shot.

Q. Did you in point of fact know that depredations had been committed on the property. - A. Yes.

Q. The house that he inhabited, is there a wall in the front. - A. There is a yard, and a wall round it; there are two doors, one to the right, and the other to the left.

Q. Are they in the front - look at the plan, and tell me whether that is an accurate description of the place. A. Yes.

Q. If you stand with your back to the front of the man's house, you have your right hand to one door and your left hand to the other. - A. Exactly so.

Q. When a man comes out on the left hand door, there is no bricks nor stones to interrupt the passage. - A. No.

Q. If you turn yourself to the right hand door, then the bricks present themselves before you. - A. Yes; there is a clamp of bricks piled up about three feet and a half from the door; they are of an irregular length; some part one foot, and so on to six feet.

Q. What directions did you give the man. - A.We gave him directions the protect the property belonging to the concern; we told him to fire the gun off every night before he went to bed.

Q. Have you ever seen Ann Terry . - A. I have, On the Monday morning before the coroner's jury sat, I was on the premises in Strype's yard, near the pump, giving directions to the men to secure all the avenues leading into it, by a fence, and the evidence Terry was close to me where I was speaking to the men; she said she would hang the man; my reply to her was, you little puss, do you know any thing about this concern; she said it did not signify, he should be hung on that ground.

Q. I would ask you the character of this man. - A. I have known him this three years, I have employed him in my own house for some time; I found him to be a sober, honest, and industrious young man; on that account I recommended him to this concern. The property that he was entrusted with was between two and three thousand pounds. He had applied to me for some assistance to protect him; I ordered him to engage a watchman, which he did.

Q. I think you told me that the property had been considerably plundered. - A. I am clearly convinced of

that, because I know the articles that were plundered.

Cross-examined by Mr. Knapp. I observed you said there was a clamp of bricks at some distance from the door. - A. Yes, towards Bell-lane.

Q. They are of different heights all along the clamp, one of six foot, another of four, and another of two foot, just by the door. - A. Yes.

Q. What height - was it three yards from the door towards the pump. - A. It may be four foot, running down to one.

Q. Suppose you were to take three yards on the side of the door, and then towards the pump, was it not less than four feet there. - A. Most assuredly, it was as low as one foot at the end of it.

Q. You have told us of some expression used by the girl Terry - had you any conversation with her previous to the expression that she made use of. - A. She spoke to me before I opened my lips to her.

Q. Did you attend before the magistrate. - A. I did.

Q. Did you happen to mention these expressions before the magistrate, - A. I did not, because the magistrate said I had no right to say any thing without the prisoner was there.

Q. Did you produce the gun then. - A. I did.

Q. I observe you said you employed this person, and you gave this person directions to fire with powder at night - A. Yes.

Q. Did you ever give him any directions to fire with shot. - A. Not without he was beset at night; I told him to protect himself, not when I gave him the gun, but in a week afterwards I did, and so did sir William Rawlins .

Court. What did you tell him. - A. To put a few shot in with the powder, and I ordered him to fire it up in the air, without he was beset in the house, and then to make the best defence he could.

Q. Did you furnish him with the shot. - A. I did; the shot and powder I bought in the year 1780, I had never seen the colour of it, whether it was good or bad.

WILLIAM WHITE . - Mr. Gleed. You are a dealer in building materials. - A. I am, I am in partnership with Mr. Tucker.

Q. Had you purchased any of the materials on these premises. - A. I had; they were under the care of the prisoner, and during that time three of the joists were lost.

Q. On the Monday following after the articles were lost, when you, Mr. Tucker, and the prisoner, were talking together, did a person of the name of Joseph come past. - A. To the best of my knowledge he is the man; he had carrotty hair, he was with another man; the prisoner made the remark; he said them are the two persons who stole your wood.

Mr. Gurney. Is that the man or not. - A. It resembles the man.

WILLIAM TUCKER . Q. Were you present with the last witness and the prisoner on the premises. - A. Yes.

Q. Do you recollect when you were talking about the property being taken away, two men coming towards you. - A. Yes.

Q. To the best of your recollection do you think that that man in the red hair, Joseph, is one. - A. One of the men had red hair; he held down his face, I could not see him.

Q. Tell us the words that were said. - A. After we had found out the timber was lost, I asked the prisoner what had become of the timber. The prisoner said these are the men that stole your timber he said take notice of them, they hold down their heads, they will not look at you.

Court. Did he speak loud enough for these men in your opinion to have heard. - A. In my opinion he did.

CHARLES BUCK . - Mr. Gleed. You live, I belive, with Messrs. Creaton and sons, who are auctioneers. - A. Yes.

Q. Do you know these premises and the buildings that were purchased by Mr. White and Tucker. - A. Yes.

Q. Were you ever upon these premises when Jacob Joseph , and Nathan Levi , and the prisoner, were together. - A. Yes.

Q. Do you know the persons of Joseph and of Levi. - A. Yes; Joseph and Levi took some timber away from the building after the time of the auction; I saw them do it.

Cross-examined by Mr. Gurney. When was this. - A. I cannot say when exactly, I believe it was about a fortnight before the shooting; I did not say any thing to them; when they took the timber away, there was so many boys and lads with them, our lives were almost in danger.

Court. That was your apprehension. - A. Yes.

MARTHA SMITH . - Mr. Alley. Where do you live. - A. The back part of my window looks over these premises.

Q. Do you remember the day on which the poor boy received the wound. - A. I remember it was on a Saturday.

Q. Did you hear the gun fire. - A. I did.

Q. Before the gun was fired, had you heard of any riot or disturbance about the place. - A. I did. I was sitting at work; on hearing a great noise of the boys I got up and looked out of my window, I saw the prisoner coming from Strype's yard; the boys were following him, pelting him with brick bats.

Q. Was that before the gun was fired or after. - A. Before the gun was fired. There were about a dozen boys.

Q. Can you from your window see the pile of stones and bricks at the front of the house. - A. I can. The boys halloaed out, take care cut the b - r's head open. I saw the boys after the man had escaped into his house, throw several bricks into the place where the prisoner lived.

Cross-examined by Mr. Knapp. You heard the gun distinctly. - A. Yes.

Q. Your curiosity led you to see the boys throw the bricks, but it did not lead you to see what was done with them. - A. Yes; I saw them hit him with the brick bats they picked up.

Q. How long was that before the firing. - A. It was nearly half an hour that I saw them pelt him with brick bats, before I heard the gun.

Q. Did you attend before the magistrate. - A. I did not. I heard the prisoner went and resigned himself up.

JOHN JONES . - Mr. Alley. You are a bricklayer's labourer. - A. Yes.

Q. Do you remember the night this boy was shot. - A. Yes; I was carrying tools into the prisoner's yard, about half past five and then I left off work.

Q. At that time was the prisoner's window broken or whole. - A. They were all whole in the lower casement.

I went there the next morning by Mr. White's order; I opened the window shutters, I found there were three panes of glass broken through, and two starred, and these two pieces of brick I found on the table in the room.

Mr. Gurney. Whether they were broken before or after the firing you do not know. - A. No.

HENRY SPARGIN . I live at No. 54, Crispin-street, Spital-fields I am a broker.

Q. Do you know Joseph. - A. There is the man; I know him with the carrotty hair, and I know Ann Terry .

Q. In the course of this day have you seen Joseph in conversation with that girl. - A. Yes, I heard this day the man with the carrotty hair say to Ann Terry , you must stick to it; there were three men and a girl; they were all whispering together. This was on the first step of the court going down.

MR. VAUGHN. - Mr. Gleed. You live in Broad-street. - A. Yes.

Q. You heard Joseph say that you had threatened him in consequence of his being a witness; I ask you upon your oath, did you ever do any thing of the sort. - A. I never spoke to him on the subject.

Q. Did you ever do any thing directly or indirectly for the purpose of intimidating him, on the subject of this prosecution. - A. Never to him or any other of the witnesses.

Q. Do you know Ann Terry . - A. I have seen her three times before this day.

Q. Have you had occasion to be repeatedly passing to and from the premises. - A. Every day of my life except one.

Q. Had you an opportunity of knowing where Joseph lived. - A. I have, it was on my road to the premises.

Q. You have heard Ann Terry say, that since this unfortunate accident, she has never been in his house. - A. I have.

Q. Have you seen her go in this man's house since the time of this unfortunate accident. - A. I have.

The prisoner called six witnesses, who gave him the character of a quiet humane man.

GUILTY - MANSLAUGHTER .

Confined Six Months in Newgate and fined One Shilling .

First Middlesex jury, before Mr. Baron Thompson .

Reference Number: t18071028-44

716. ELIZABETH HAMILTON and SARAH SMITH were indicted for feloniously stealing on the 14th of October , 8 s. 6 d. the property of Abraham Hopkins .

ABRAHAM HOPKINS . I live in Crown-street, Finsbury-square now; when I lost this money, I lived in Little Gray's Inn-lane. I am a brass founder .

Q. On the 14th of October did you lose any money, and how much. - A. Eight and six pence it was. Between eleven and twelve o'clock I was in Fox-court, Brook-street ; I went up the court to make water; these two women came up to me just as I was coming out of the court, they asked me if I was good natured; I said I did not know what they meant; they asked me if I would give them any gin, I said no, I was not going to give them any gin. One of the women came up to me and took the money out of my breeches pocket; as soon as she took it she gave it to the other; it was dark; I cannot say which of the women took it.

Q. You could have prevented the woman from taking it out of your pocket. - A. No, not at first I could not.

Q. Were you sober. - A. Yes.

Q. Were they both close to you. - A. I cannot say which was nearest to me.

Q. How long had you been drinking. - A. I had not been in the public house an hour, we had two shillings worth of brandy and water between three.

Q. You say she put her hand into your breeches pocket; why did not you put your hand down and stop her. - A. I did not feel it soon enough.

Q. What was passing at the time. - A. Nothing but what I have told you.

Q. Did you retire to any place with her. - A. No; this took place within the court.

Q. When she said are you good natured, will you give me some gin; did you try to rush by her. - A. No.

Q. Did you stop till she came up. - A. Yes.

Q. What become of them after one had taken it and handed it to the other. - A. I took it out of her hand; she called the watchman, and gave charge of me. I gave charge of her next and we all was at the watch-house all night.

Q. Do you mean to swear that you were quite sober. at that time. - A. Yes.

Q. How came you to be out so late at night. - A. I had been at a public house in Cow Cross putting up two lamps.

Jury. Can you tell me the public house, or else you must be very drunk. - A. I think it is the White Horse, I will not be positive.

Q. Have you ever been paid for the job. - A. I was paid at that time; I do not recollect the sign, nor the man's name.

Q. You lost nothing, you took it from the woman immediately. - A. Yes.

Q. If this woman had not given charge of you, you would not have taken any notice of it. - A. No, I should not.

Court. Who do you work for. - A. Mr. Tarbuck, facing Shoe-lane, and Mr. Gardner in the Strand.

AMOS MARK . I am a watchman. I saw the women go by my box, I thought, not two minutes before they called out watch.

Q. Did you hear any man call out watch, - A. No. The women called out, one was standing up and the other was sitting, they gave me charge of him for knocking them down; then he gave me charge of them for picking his pocket. I sprang a rattle, got assistance, and took the whole of them.

Q. Was the man apparently drunk or sober. - A. Perfectly sober.

Hamilton's Defence. About twelve o'clock I and Smith met that gentleman at the corner of Fox court, he asked her if she would take a walk; she went up the gateway with him, he made her at present of some silver; the patrol come past, he said he would not stop any longer, he insisted upon having his money; she would not give it him; he knocked both of us down; we charged the watch with him.

Smith's Defence. I met this man in Brook-street; he asked us if we would go under a turning with him; we went under Fox court, he made us a present of some silver; he said he could not stop any longer; when the patrol came by he insisted upon the silver again; we would not give it him; then he knocked us down, and we charged the watch with him.

BOTH, NOT GUILTY .

Second Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18071028-45

717. JOHN COOPER was indicted for feloniously stealing on the 28th of September , a silver breast plate, value 30 s. five yards of toilenett, value 36 s. a piece of nankeen, value 10 s. and eight black silk handkerchiefs, value 28 s. the property of William Pulsford in his dwelling house , and MARY WILLIAMS for feloniously receiving on the same day, three black silk handkerchiefs, value 10 s. 6 d. part of he said goods, she knowing them to have been stolen,

WILLIAM PULSFORD . Q. Where is your dwelling house. - A No. 4, King-street, St. James's square, in the parish of St. James's . I rent the whole house; I am a regimental taylor .

Q. Did you lose a silver breast plate, nankeen, black toilenett, and silk handkerchiefs - A. Yes; I missed them at different periods; they were in my possession within a fortnight before I missed them. Cooper was a journeyman painter employed in painting my house at that time.

Q. How long was he employed in painting your house. - A. Better than a fortnight, I think it was in October, I cannot say exactly.

Q. While he was in your house had he an opportunity of going in these rooms where these things were deposited during your absence. - A. Yes, the key was in the key hole. He wished to have the door open of the back parlour, during the time he was painting the passage. I was in the parlour; when he had done, I came out and turned the key, and left it in the door I saw one silk handkerchief at the pawnbroker's, and the next day the pawnbroker brought me nearly the remainder of them, within about three black silk handkerchiefs; I have seen the breast plate and the nankeen, and a yard of toilenett; there are some black silk handkerchiefs and some toilenett I have not been able to recover.

Q. The woman prisoner was never in your house to your knowledge. - A. Never.

DAVID BATES . I am journeyman to Mr. Hinkesman, pawnbroker, Broad-street. St. Giles, I know both the prisoners. Mary Williams pledged a black silk handkerchief on the 28th of September; I am sure she is the woman, I took in the article myself; she sold two other handkerchiefs at our shop on the same day. There were two waistcoat pieces of toilenett pledged at our shop, I do not know who they were pawned by, I did not take them in.

GEORGE DONALDSON . I am a constable. I took up Cooper at the corner of Maiden-lane, were he was painting a room, on the 7th of October; he told me his name and residence. I searched him, I found nothing; I went to his lodgings. No. 3, Stuart's rents, in the back parlour; I searched the woman, they pass as man and wife; I said to the woman I suppose you are not married; no, she said she was not. I found this duplicate in her pocket of a black silk handkerchief, pawned on the 6th of October, for two shillings by Williams, I believe; there are four duplicates of one silk handkerchief, that had been pledged and redeemed. I told Mr. Hinkesman to bring the things forward, and the next time they brought these things forward to the prosecutor, Cooper was present. When I found this duplicate, the woman said first of all that she bought this ticket of the handkerchief of a sailor, he took a fancy to a yellow silk handkerchief and she changed it for a black one.

Q. to Bates. Is that the duplicate that you gave her for the black silk handkerchiefs. - A. Yes.

Q. How came you to buy these things. - A. The silver the prisoner Cooper offered to sell in our shop; Mrs. Hinckesman was in the shop at the same time, about three weeks ago.

Q. Cooper brought the silver breast plate and offered it for sale in your shop, how much was given for it. - A. Three shillings; it was doubled up so that we could not distinguish what it was.

Q. Whether it was doubled up or not, you could tell by the weight that it was a great deal more. - A. The shop was being repaired; the things were put of one side; the scales were not handy.

Q. Are you sure that the prisoner was the man who brought it, and to whom the money was paid. - A I am.

Q. Is Mr. Hinckesman here. - A. No, it was not Mr. Hinckesman that bought them, but Mrs. Hinckesman; she offered three shillings for the silver as he was going out of the shop; he returned, and it was bought for three shillings.

Q. Why did not he order the person here that bought them. - A. He was not ordered by the magistrate.

Prisoner. Did you ever see me bring a thing of this kind. - A. Yes, the silver was brought by you.

Prisoner. There is every thing that is possible that that person is saying is quite false. I deny that the breast plate ever came from Mr. Pulsford.

The property produced and identified.

Q. to prosecutor. What is the value of that breast plate. - A. I am charged thirty five shillings for it, with the engraving the silver thirty shillings; the silk handkerchiefs cost me three shillings and six pence each by the dozen.

Cooper's Defence. I never took any act or part in taking of any thing away during the time I was at work at Mr. Pulsford's house.

Williams was not put upon her defence.

COOPER, GUILTY, aged 31.

Of stealing, to the value of thirty nine shillings .

Transported for Seven Years .

WILLIAMS, NOT GUILTY .

Second Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18071028-46

718. MARY CHAPMAN and MARY ANN MARGARET RILEY , were indicted for feloniously breaking and entering the dwelling house of Robert Levit , about the hour of three in the afternoon, on the 27th of October , Peter Barbe and John Fossit , and others, then in the house being, and stealing therein a gown, value 10 s. the goods of the said Robert Levit ; five gowns, value 50 s. five petticoats, value 4 s. two shifts, value 3 s. a pair of stockings value 1 s. two habit shirts, value 1 s. 6 d. a half shawl, value 6 d. and a pair of pockets, value 6 d. the property of Mary Levit , spinster .

MARY LEVIT . I am the daughter of Robert Levit , he is a cutter of boots and shoes ; he lives at No. 9, Church-lane, St. Martin's parish .

Q. Did you lose any of your clothes. - A. Yes, I missed them on the 27th of October, about four in the afternoon; I had seen them on the same day at twelve at noon, they were safe in my father's house in the one pair of stairs room.

Q. Is the door of the house generally left open. - A. It is always open, from morning to night. At four o'clock I was going up stairs, I saw the door on a jar,

in which room I had left the things, they were in a drawer all but two of the gowns; they were left hanging up in the next room. I turned the key when I came out, I cannot say whether it was locked, I did not try the door to see whether it was or not; on seeing the door of the room a-jar I went in, nobody was there: the drawers were open, and the things taken out; I missed four gowns out of the drawers, and these two gowns from the line.

Q. What was the value of the six gowns. - A. I cannot say, I think two pounds; the petticoats are worth four shillings, the shifts three shillings, a pair of stockings a shilling, the habit shirt and the half shawl are worth sixpence each; I saw two gowns and a bed gown the same night.

Q. Did you find all your clothes at the pawnbrokers. A. No, I have not found them all yet.

JOHN WINFIELD . I live at 178, Drury-lane.

Q. Do you know either of the two persons at the bar. A. I know the prisoners are the two persons that came to pawn the gown on the 27th of October, about seven o'clock in the evening; they both came and brought this gown; I lent them seven shillings on it, it was Riley that gave me the gown; I gave her the seven shillings; I perceived the gown was too wide for her, I asked her whose gown it was, she said it was her sister's, and she had sent her with it. The young woman came to enquire, and left a pattern; when I came home I found the gown. Going along Drury-lane I saw Townshend, I acquainted him with it; they were apprehended the next day, and I appeared against them at Bow-street. I produce the gown.

Prosecutrix. This I am sure is my mother's gown; I had put it in my drawer that morning with my own.

ROBERT STARKEY . I am a shopman to Mr. Collins, Long Acre. On the 6th of October, about six o'clock in the evening, both the prisoners came to the shop; they pawned a gown and petticoat; I gave ten shillings on the gown, and four on the petticoat.

Q. Who offered them to pawn. - A. Chapman did; they did; they had the duplicates made out in two names; I gave Chapman the money for them.

JAMES FLYSN. I am a servant to Lee and Barnes, Broad-street, Bloomsbury. On the 27th of October, both the prisoners came into the shop between six and seven in the evening; they pawned this gown in the name of Chapple; I gave four shillings on it; I am sure they are the persons.

DAVID BATES . I am servant to Mr. Hinckesman, Broad-street, St. Giles's: on the 27th of October, about seven o'clock, the prisoner pledged a bed gown at our shop, I gave nine pence for it. When the prisoner came again to our shop, I told Mr. Hinckesman the circumstance as Townsend the officer had been to our shop. Mr. Hinckesman stopped them, and I went for an officer. They had pledged the shawl with us for sixpence.

- PICKERING. I am a patrol of Bow-street; I was fetched by the last witness; I took the prisoner in custody at Mr. Hinckesman's shop and searched them. I found the duplicate of a half shawl upon Chapman. I asked them what they had done with the things; they said they knew nothing about it.

JOSEPH TOWNSHEND. I know nothing more than tracing the property.

Q. to Levit. Is there a person of the name of Peter Barbe and John Fossit , that lodges in your house. - A. Yes.

Q. Was Barbe at home. - A. I do not think he was out, I cannot be sure; I was at home.

Chapman's Defence. I know nothing at all about the things.

Riley's Defence the same.

CHAPMAN, GUILTY, aged 17.

RILEY, GUILTY, aged 15.

Of stealing to the value of thirty nine shillings only, not of breaking and entering the dwelling house .

Both - Transported for Seven Years .

First Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18071028-47

719. SUSANNAH EDWARDS was indicted for feloniously stealing on the 9th of October , a pocket book, value 6 d. two gold rings, value 20 s. eleven guineas, a bank note, value 10 l. a bank note, value 2 l. and four bank notes, value 1 l, each , the property of Edward Leach .

EDWARD LEACH . I lodge at No. 3, Roger's-court, Hermitage, Wapping; I am a sailor I am a pensioner now.

Q. Did you at any time lose your pocket book, money, and bank notes. - A. Yes, on the 29th of September; I lost them between the hours of twelve at night and five in the morning; I had them in my pocket book at twelve at night, I was in a house No. 35, Dyot-street ; I had been up to Drury-lane to see a friend.

Q.Were you sober. - A. I was sober enough. I was fatigued, I come from Leeds, I had no sleep for four nights.

Q. What time did you leave your friend. - A. The house was shut up.

Q. What time did you set off from Hermitage to see your friend. - A. In the afternoon, about seven or eight o'clock, I am quite lame; I had been in two public houses.

Q. What part of Drury-lane does your friend live in. A. The Marquis of Granby, his name is Mr. Welch; the house was shut up; I did not call, as the house was shut up; I called there the next morning after this woman took the money away from me.

Q. What time of the night did you call to see whether your friend was there. - A. Between eleven and twelve o'clock.

Q. Did you loiter all that time, from seven o'clock till half after eleven, till you got to Drury-lane. - A. Yes.

Q. Then I should not suppose you were sober. - A I was sober enough.

Q. Where did you keep your money and your pocket book. - A. In an inside jacket pocket. I met the woman between eleven and twelve o'clock in Drury-lane; I am sure this is the woman that I met, she cannot deny it; I asked her where I could get a bed, I said I was tired; she said she would get me a good bed; she took me to 35, Dyot-street; I counted my money before her, and I went to bed between twelve and one o'clock, in this room she took me to.

Q. Was there any other woman with her. - A. Yes; she went down stairs, and left me and the prisoner in the room all night, I counted my money after the other woman went down stairs; I awoke between four and five in the morning; the prisoner had absconded.

Q. Had you given her any money before you went to bed. - A. I gave her four shillings, and eighteen pence I paid for the bed.

Q. Where did you put the pocket book after you had counted your money. - A. In my inside jacket pocket

and I put that under my pillow.

Q. Was your jacket gone as well as your pocket book. - A. I found all my clothes safe; I lost all the pocket book, the ring, the money and the notes.

Q. Do you think that you were sober enough to say you had the money at 35, in Dyot-street. - A. Yes.

Q. You have never got any of your money or your notes. - A No.

Q. This was a great deal of money for a poor man like you to have; how long had you had it. - A. This money was wages that I had from a ship at Peru; about nine weeks back I received fifty pounds, and this was the remainder of it. I had Scotch notes; I changed them for bank notes at Edinburgh.

Prisoner's Defence. I met this man in Drury-lane, he was very much intoxicated in liquor; he asked me to go into a public house to take something to drink; being a cold night I accepted, and the young woman together; we went to this room, he wanted two of us to sleep in the bed with him; I thought it an imprudent thing; I left him; the door having no lock or bolt on. I went to Charles-street Drury-lane, where I lived. I never saw a farthing of his money.

The prisoner called four witnesses to her character, who said at a prior time she bore a good character, but had known little or nothing of her lately.

NOT GUILTY .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-48

720. JOHN BAPTISTO was indicted for feloniously breaking and entering the dwelling house of Morris Solomon , about the hour of seven in the forenoon on the 17th of September , and stealing therein two regimental jackets, value 20 s. the property of Morris Solomon .

MORRIS SOLOMON. I live at 24, East Smithfield, in the parish of St. John's Wapping ; I am a slop-seller . On the 18th of September last, on returning home between eleven and twelve o'clock, from information I went up stairs, I missed my two regimental jackets. The prisoner lodged in my house in a back room, and the room adjoining his, had been broken, the staple of the padlock was drawn. I went in pursuit of the prisoner, I found him within an hour and a half; when I took him home, he gave me this duplicate of a blue jacket; he said he had sold the red jacket for one shilling, to a man at Blackwall. The officer took the wings of my jacket from him.

Q. What is this man. - A. He is a seafaring man; I received four pound of him, and I have a receipt that I paid it him.

Q. Can the prisoner speak English. - A. Yes.

Prisoner. I ask you whether there were any other lodger in the house. - A. I had none other.

WILLIAM CORDY . I am a pawnbroker; I live at No. 63, Ratcliffe-highway. This jacket was pawned with me on the 17th of September; I had no idea that the person that pawned it was a foreigner. I lent five shillings upon it; the duplicate that Solomon produces I gave to the person that pawned it.

(The property produced and identified.)

Prisoner's Defence. An Irishman that lodges in the house gave me the duplicate of the blue jacket. He lodged in the same room with me; he gave me the red jacket too, he told me not to mention it to any person; he said it was given to him. I am a native of France, I have been five years in his English Majesty's service; the last ship I belonged to was the Harmon Castle , in which I was shipped by Solomon the prosecutor, who received four pounds ten shillings, out of which I received two pounds ten shillings; and when I came home I gave him my note to receive of the captain twenty four pounds, out of which I have had one pound and a suit of clothes; he said he had sold my note for twelve pounds five shillings. When I demand my money he immediately sent for an officer; he has done this to defraud me of my money.

GUILTY aged 38.

Of stealing only .

Publicly Whipped and discharged.

First Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-49

721. JOSEPH SALMON , alias JOHN TALLMASH, was indicted for feloniously stealing on the 27th of July , a chesnut gelding, value 8 l. the property of Isaac Charlton ; and JOHN BARKER for feloniously receiving on the same day the same horse, he knowing him to be stolen .

Mr. Knapp, counsel for the prosecution, declining to offer any evidence, the prisoners were

ACQUITTED .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-50

722. JOSEPH SALMON , alias JOHN TALLMASH , was indicted for feloniously stealing on the 12th of October , a chesnut mare, value 15 l. and a grey gelding, value 3 l. the property of - , and JOHN BARKER for feloniously receiving the same, he knowing them to be stolen .

Mr. Knapp counsel for the prosecution, declining to offer any evidence, the prisoners were

ACQUITTED .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-51

723. JOSEPH SALMON , alias JOHN TALLMASH , was indicted for feloniously stealing on the 19th of October , a mare, value 30 s. the property of Daniel Sims .

DANIEL SIMS . I live at Hounslow, I keep horses to go to hired work. On the 19th of October I lost this mare from the powder mill meadows, the other side of Hounslow Heath . I went to Mr. Barrow, the slaughter-man Tothil-fields; I there found the tail of the mare.

Q. Was it a black pied ball. - A. Yes, four white legs and a black and white long tail and white belly.

Q. Do you know any thing of the prisoner. - A. Yes, he lived in the same parish. I valued the mare at thirty shillings.

GEORGE STAPLES . The prisoner brought the mare to me last Monday morning was three weeks; I live in the parish of Acton, he put her into the shed I was called up a little after six, he offered to sell her to me, he asked thirty shillings for it; I bought the mare of him for a guinea and half a crown. It was a black and white mare, it was lame and very near thirty years old, she was only fit for a dog horse; I sent my boy over with her to Mr. Barrow's place. I sold her to him for thirty shillings.

WILLIAM BARROW . I am a horse slaughterer. On the 19th of October, I received from Mr. Staples a black bald faced mare, with four white legs and a white belly.

Q. That does not make a pied bald mare. - A. It was not a pied bald mare; that was the marks of her. I killed her; she was only fit for dogs meat; she was lame of the near leg behind. Mr. Sims enquired if I had any such mare; I told him I had; here is the tail, it is mixed black and white. I have seen many horses tails like it;

is a swish tail.

Q. It is not a long tail. - A.No.

Q. to prosecutor. You never saw your mare afterwards. - A. No, only the tail.

Mr. Burrows. I wanted Mr. Sims to go to the tanner's to look at the hide; he would not, he said the tail was sufficient.

Court. I think he would have been a much better judge by the hide. - A. I told him so then.

NOT GUILTY .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-52

724. ANN BRAY was indicted for feloniously stealing on the 13th of August a silver watch, value 30 s. and a chain, value 2 d. the property of John Cawthorn .

MARY CAWTHORN . I am the wife of John Cawthorn . On the 13th of August the prisoner came to see me, she had been down to Chesnut to see her children in the poor house; I went up stairs, and when I came down the prisoner and the watch was gone.

Q. Where was the watch. - A. It hung upon a nail in the shop. About five weeks after that she came and confessed it; she said if I would come with her she would give me the watch again. I found the watch at Mr. Hogg's in Kingsland Road.

- MILLER. I am a chimney sweeper. When I was at Mr. Hogg's, a person came in and said that there was a person in distress for ten shillings, to relieve a person out of prison; I gave ten shillings for the ticket, as it was to get a person out of prison. The watch was in pledge at Islington.

MR. HOGG. The prisoner came to my house and asked if I would buy a watch; she said it was for a person in distress. Mr. Miller bought the watch for nine shillings; he shoved the watch ticket across the table; I gave him a shilling for it. The prosecutrix told me she did not mean to hurt the prisoner, if she could get the watch. I got the watch and sent her word.

The property produced and identified.

Prisoner's Defence. Mr. Hogg heard the prosecutrix say that she would forgive me if I produced the watch.

GUILTY , aged 30.

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

Fined One Shilling and discharged

Second Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-53

725. GEORGE FELTHAM was indicted for feloniously stealing on the 7th of October , a box, value 1 s. sixty pound weight of store candles, value 40 s. and sixty pound weight of wax candles, value 62 s. a pair of shoes, value 5 s. a pair of three quarter boots, value 10 s, six planes, value 3 s. four chissels, value 3 s. a hand vice value 2 s. and two boxes, value 3 s. 6 d. the property of John Dawkins , lately deceased, in his dwelling house and THOMAS SHIPMAN for feloniously receiving the same goods knowing them to have been stolen .

The Case stated by Mr. Curwood.

WILLIAM BLAKE . - Mr. Curwood. You lived servant with the late Mr. John Dawkins . - A. Yes, he was a tallow chandler , 105, Plow-street. Grosvenor square ; he died on the 17th of October.

Q. Do you know Feltham. - A. Yes, he was an apprentice to Mr. Dawkins; Shipman was a cabinet maker ; he seldom missed spending his evenings at our house; he visited Feltham.

Q. Had Feltham and you access to the store room. - A. Yes, he and I went into the store room to go to our bed.

Q. How was Mr. Dawkins' health about October last. - A. He had been confined to his room from the latter end of September. In the beginning of October Feltham managed his business.

Q. In consequence of any thing that you informed your master, were you directed to apply to his attorney Mr. Fielder. - A. I went with Mr. Fielder to get a warrant from Marlborough-street; I searched the prisoner Shipman's apartment, No. 13, Carrington-street, Shepherd's market. We made search in a cellar in front of the street, the officer found six candle boxes; these three boxes had my master's name, J. Dawkins, burnt in them, No. 2, 4, and 5; they had store and mould candles. We found a box, with two pair of boots and a pair of shoes, with my master's name in them.

Mr. Alley. These are all distinct articles put together on purpose to multiply a felony, to make it a capital charge.

Blake. One pair of boots has not my master's name on them; but I was always in the habit of cleaning of them. I can swear to them.

Mr. Curwood. Had you at any time seen these boxes and these boots and shoes in your master's possession. - A. I had; I missed them boxes from the store room; I informed my master of it.

Court. Does not every tallow chandler send out his candles in boxes with the name burnt on it. - A. He does, every box has my master's name on it, but I described them boxes as having seen them in my master's possession shortly before.

WILLIAM TRAY . - Mr. Curwood. Confine yourself to the second search. - A. On the 15th of October I went to No. 13, Carrington-street.

Q. Did you search this cellar where these things were found described by the last witness. - A. Yes.

Q. Did you hear any conversation with the two prisoners respecting the things. - A. Yes, at the office, the magistrate was not in the room. Feltham upbraided Shipman, said it was all your fault, you have brought me, to this, Shipman replied whatever I advised you to do, it was for your interest; I had no benefit from it.

MARY MANWARING . Did the prisoner Shipman lodge in your house. - A. Yes.

Q. Do you recollect when the officer came to search his apartment. - A. Yes; they searched the cellar on the next day; that was let to him with his room.

JOHN FIELDER . You are an attorney. - A. I am.

Q. Did you make any promise to Feltham. - A. No, nor no threats.

Mr. Alley. Was not a promise of favour made to Feltham, that favour would be extended to him. - A. I do not know that it was; in consequence of what he said to me; I said it was the other prisoner that would be the object of punishment.

Q. A legacy had been given to him. - A. There was by a codicil; the codicil was destroyed when the master was made acquainted with it.

Q. Has Blake any thing. - A. Yes, he has. The prisoner Feltham said he had taken these things away, and he was sorry for it.

Q.Them boots and shoes might be given to the boy, for what you know; here is two distinct offences, you cannot swear to the boxes nor the the candles, they might be in my house for what you know; they were not numbered till afterwards.

Mr. Curwood. These are your master's boots and shoes A. Yes.

The prisoners left their defence to their counsel.

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

BOTH, NOT GUILTY .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-54

726. GEORGE FELTHAM was indicted for feloniously stealing on the 11th of October , a box, value 1 s. twenty-six pound weight of wax ends, value 1 l. the property of John Dawkins , in his dwelling house ; and THOMAS SHIPMAN for feloniously receiving the same goods, knowing them to have been stolen .

Mr. Curwood counsel for the prosecution, declining to offer any evidence, the prisoners were

ACQUITTED .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-55

727. JOSEPH HEWITSON was indicted for feloniously stealing on the 7th of September , a trace harness, value 10 s. the property of James Green .

JAMES GREEN . I am a bricklayer ; I live in Margeret-street, Shoulder of Mutton and Cat fields, Hackney . On the 27th of September I was informed by my mother, that this man come out of the back of a house that is not finished, the trace harness was deposited in that house; I saw the prisoner go by, it was seven o'clock in the morning; I not being dressed, I asked Mr. Stanley, a publican, to lay hold of him, till I had dressed myself; when I came out, I took him by the collar from Mr. Stanley, and took him to the watchhouse; he begged of me to let him go, he said he did not mean to take the harness, only he had not got a knife to cut the leather off.

Q. Had he the harness about him. - A. Yes, he had it in a bag.

Cross-examined by Mr. Alley. Is this what you call a trace harness. - A. Yes.

Q. I am told it is not; you did not know any thing of this poor man yourself. - A. No otherways than knowing my own property.

Q. You did not find it in his possession. - A. No, not when I saw him.

ELIZABETH GREEN . Q. You are the mother of the last witness. - A. Yes; as I was rising in the morning, I saw the man; I did not take any notice of him at first; after that I saw a boy come and take a trowel off the cellar window; then I saw the window open, then I called my son; they both went away; the man had got a bag in his hand.

WILLIAM STANLEY . I am a publican; I now live in Berwick-street, Soho.

Q. Where did you live then. - A. In Margaret-street, Hackney-fields. On Sunday the 27th of September, about seven in the morning as I was taking the shutters down, I saw Mr. Green looking out of his window, he desired me to stop the man with the bag; I ran down the street after the prisoner.

Q. Was the prisoner running. - A. No, he was then walking. When I had gone some way down the street, whether he saw me I do not know, but when I got within ten or a dozen yards of him, he set off running and turned a corner; when I came in sight of him he stood by a ditch full of water, I saw the corner of a bag a little way out of the water, I laid hold of it and pulled it out; then the prisoner ran away, I ran after him, caught him, and gave him up to Mr. Green. I then took the bag from the side of the ditch and carried the harness to the door, and there left it.

Cross-examined by Mr. Alley. I understood you to say when you came up to him, he had nothing in his possession belonging to the prosecutor. - A. No.

Q. You called after him, he is deaf; you did not expect a deaf man to hear. - A. So, I since understand.

Prisoner's Defence. On Sunday morning I was going to see my brother, he belonged to the Tower hamlets; I crossed Hackney road to this street that leads to the Shoulder of Mutton and Cat fields; that gentleman says he called out to me, I turned round, I thought he was calling to somebody else; I crossed over a ditch; that gentleman followed me, he said, halloo my friend, you have got something that does not belong to you. I had a small basket on my shoulder with a bunch of grapes in it; I never had a bag, nor had I any harness.

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

NOT GUILTY .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-56

728. PHOEBE JACKSON was indicted for feloniously stealing on the 24th of September , a silver watch, value 40 s. the property of John Cook .

JOHN COOK . I am a taylor , I live at No. 13, New Compton-street. On the 24th of September last I stopped out later than usual; I met this girl, I had been acquainted with her some time back; she asked me to take her to have some supper, I said yes; after that I asked her to take me to a place to lodge; I had not much money, I gave her sixpence for the bed; she took me to Dyot-street , there she got out of bed, she blowed the candle out, and ran away with the watch. I ran after her as fast as I could. I never found the watch.

Q. You had known her some time. - A. Yes, two years; she is a woman of the town.

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

NOT GUILTY .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-57

729. ROBERT SAYERS was indicted for feloniously stealing on the 27th of September two hundred bricks, value 3 s. and eight hods of mortar, value 2 s. the property of James Lee .

JAMES LEE . I am a bricklayer .

Q. What is the prisoner. - A. He professes to be one. On the 27th the robbery was done.

Q. Where were your bricks. - A. At Blackwall . I had mortar and bricks about the building; I know very little about it myself.

JOSEPH BRANDY . I am a gardener. On Sunday the 27th of September, about eight o'clock in the morning, I was going out of my own ground, across Bow-lane; I saw a labourer take a hod of bricks from Mr. Lee's building, I watched to see where he took these bricks to; presently after I saw a wheelbarrow loaded with bricks, so hard the labourer could hardly wheel it; when he came to a bank the prisoner laid hold it, and he and the other man got it over; they took them to the same place were they took the hod to, into Bow-lane; the prisoner was building a chimney there.

Q. to prosecutor. Could you swear to the loss of the bricks. - A. I have missed a heavy load of bricks and mortar.

Prisoner's Defence. I had been at work at Mr. Lee's building; I was a plaisterer in Mile End-road. As I was coming across I fell in with Mr. Lee, he said you are the man I was looking for, he says do you want a building job; I said yes. I worked half a day for Mr. Lee on the Saturday, he gave me half a crown at the public house. The next Saturday when I went to the pay table, the foreman came out and said my master could not pay me; I told him I had a job to do for a poor man that kept a cook's shop, and I meaned to get up early and get the job done; I said I have no money to buy stuff, I will take some stuff and settle for it with Mr. Lee. On Monday morning, when they came down to me, I was talking to a young woman; I said to them I shall go and settle with Mr. Lee for the stuff I had taken, and the remainder he might pay me the next Saturday night; I said to Mr. Lee, you owe me money and I will pay for the stuff.

Prosecutor. Part of his story is all very well; I agreed with him to build these two houses for me. I found after he had been to work two days, he had done about fifteen shillings worth of work; we were obliged to take it down; I discharged him, I told him he would not suit me; I never gave him, nor any man leave to take any stuff.

Q. Did you owe him any money. - A. No; I believe he owes me money.

JAMES SAUNDERS . I am a bricklayer, I work under Mr. Lee; this man asked me if I was paid, I said yes, he said then, I will go in and get paid; I think I said it will be of no use, Mr. Lee has no more money.

Prisoner. I told him I should take a little stuff and pay Mr. Lee for it.

NOT GUILTY .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-58

730. ELIAS WILLIAMS , alias THOMAS JOHNSON , was indicted for feloniously stealing on the 9th of October , a great coat, value 15 s. the property of William Palmer .

WILLIAM PALMER . I am a coachman , I left the coat at Mr. Dennis's house; I can only speak to the property.

ROBERT DENNIS . I am a publican, I keep the Northumberland Arms. Goodge-street . On the 9th of October, about nine o'clock in the evening, the prisoner came in for a pint of beer, he drank that pint of beer and paid for it; he called for another, and did not pay for that; I went to draw a glass of rum, I turned my head to speak to a gentleman; then he took the coat away from the box; I pursued him and took him.

(The property produced and identified.)

Prisoner's Defence. I was very much in liquor; I had a great coat of my own somewhere. I called for a pint of beer; I went to sleep; when I awoke, I called for another pint of beer; I took that coat for my own coat, and where I left my own coat, I do not know.

Q. to Mr. Dennis. When he came in had he a great coat. - A. No.

GUILTY , aged 52.

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

First Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-59

731. JAMES WESTON was indicted for feloniously stealing on the 13th of October , a canvas bag, value 1 d. one hundred and eighty penny pieces, and three hundred and eighty halfpence, the property of Robert Goodenough .

Second count the property of Edward Evans .

ROBERT GOODENOUGH . I am a farmer and grazer ; I know nothing more than I told the money up; I delivered it to Evans to take home. There was thirty shillings in penny pieces.

EDWARD EVANS . Q. You are the man that had the money given to you. - A Yes; I was robbed of it by Tuff's-yard in Brick-lane, Whitechapel ; I asked the prisoner to help me up with the bag of halfpence on the top of the cart; in helping up the basket, the bag of halfpence rolled out of the cart, he said they were a rare bag of halfpence; I said they were not his property, if he would give me them up, I would take care of them and I would be obliged to him; he gave me them up; I come down to put on my cloathes, and to get my horses ready; while I was doing that, he took them down. I have two witnesses to call to prove that.

Q. Then you did not see him take them down. - A. No.

WILLIAM WOODMAN . I work for Mr. Tuff, in Brick-lane, he is a scavenger; I came in with my load of dust, this old gentleman was loading his cart with dung; I could not get by, I helped him to load, he gave me part of a pot of beer; and after I had hooked on the horses for him, I saw James Weston jump up the cart; the first time he took nothing; the second time he took a bag; what was in it I could not say; I went out with him into the street, he gave me so much liquor I did not know what to do, and he gave me some halfpence, and told me not to tell tales; when I went home my master covered me up in the stable, and when I awoke I told my master all about it.

- ASKIN. I saw the prisoner jump on the cart-wheel; the third time he took away the bag, and then he went away into the yard; he came out again, and went into a public house. I did not go in with him.

SARAH GREEN , My brother keeps a public house; the prisoner came into our house and had two pots of beer; he had something tied up in a bag, from which he took out the halfpence to pay me.

Q. Was it about thirty shillings tied up. - A. I thought it was about fifteen shillings.

Prisoner's Defence. I am innocent of it.

GUILTY , aged 19.

Whipped in Goal and discharged.

First Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-60

732. RICE WILLIAMS was indicted for feloniously stealing on the 6th of October , a silk handkerchief, value 1 s. 6 d. the property of Thomas Tibbs ; a silk handkerchief, value 1 s. 6 d. and six cotton handkerchiefs, value 12 s. the property of George Thomas .

Second count for like offence, the property of James Palmer .

JAMES PALMER . I am a farrier , I live at Fulham .

Q. When did you lose these handkerchiefs. - A. On the 6th of October. I heard an outcry of Stop thief, I ran across the field that adjoins the garden; as soon as I got over the hedge I saw him in a garden adjoining my garden; I got up to him and collared him, I brought him back; he dropped the property before I got up to him, finding he was so closely pursued; I did not see him drop them, he dropped them before he got over the hedge. These are the handkerchiefs (producing them), two silk handkerchiefs and six cotton ones; they were not quite dry, they were hanging in the garden to dry. He said he was very sorry, he knew he had done wrong.

Cross-examined by Mr. Alley. He told you he had done wrong - so he had, he had no right to walk across this garden. - A. No, he wished to make it up with me, but the constable would not.

Q. You are a blacksmith. - A. Yes, I work adjoining this garden.

Q. This property is not yours. - A. It is under my care, I am answerable for the property.

Q. You never saw it in his possession. - A. No, he dropt it.

Q. You cannot say that he dropt it, you never saw him drop it. - A. No, I never saw him drop it.

JANE MILES . I work for Mrs. Palmer, she takes in washing; I heard the alarm that the man was in the garden; I immediately run into the garden, I saw Mr. Palmer pursue him, and I saw him bring him back; I know the handkerchiefs well, Mrs. Palmer had them to wash.

Prisoner's Defence. I know nothing at all about it, I was very much in liquor.

Palmer. He was as sober as I am now.

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

GUILTY , aged 37.

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

First Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-61

733. BENJAMIN SKINNER was indicted for feloniously stealing on the 11th of September , one pint of brandy cherries, value 4 s. and an earthen pot, value 2 s. the property of James Chippen .

JAMES CHIPPEN . I live at 141, Oxford-street ; the prisoner was a servant of mine, I had a very honest character with him; I had occasion to send six dozen of drinking glasses into Covent Garden, I went to him in the parlour to tell him to take great care of them; I saw him slip something under his jacket, it struck me that it was not his own; I told the shopman that Benjamin had got something that was not his own.

Q. Why did not you look immediately, and take it from him. - A. I could not justly say it was mine.

WILLIAM CAVEY . I am servant to Mr. Chippen; I saw him come from the parlour with a small parcel in a silk handkerchief under his arm; I went after him. When I came up to him I asked him what it was, he said it was a kind of a spirit; it kept spilling as he went along; he put it down inside of the door of the shop; I went in and saw it was cherries in brandy; I walked out, he did not see me. When he came out I asked him again what it was, he said it was brandy with laudanum; I said I know it is not, I had seen what it was, it is cherries with brandy in it; he then said he had it of a young woman in the shop, he gave her a shilling for it; I asked him why he did not have it of his master, he had a deal more than the value he gave for it; he said he did not know the value, I told him he had better take it back again, he said he would; I left him and went to another place. I asked him on the Saturday if he had brought it home, he said yes, he had given it to the young woman. On Monday he was going into the country; his master asked him what bundle that was he carried out on the Thursday, he said it was two coats.

(The property produced and identified.)

Mr. Knapp to prosecutor. You do not know that you lost any cherries, do you. - A. No, because we keep a quantity in the cellar.

NOT GUILTY .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-62

734. BENJAMIN SKINNER was indicted for feloniously stealing on the 15th of September , two silver table spoons, value 20 s. the property of James Chippen .

JAMES CHIPPEN . In consequence of suspicion I went to Marlborough-street, I got an officer, and the officer searched him and found a watch upon him. From that we thought he was the person that had got the spoons that we missed in August.

Q. Did you find the spoons. - A. He owned to the officer that he took the spoons; we found the spoons at Mr. Harrison's, a pawnbroker. The officer said, have you got the spoons, he replied no; he said you had better own to it.

Court. Then I cannot hear what he said.

Cross-examined by Mr. Knapp. When did the prisoner come into your service. - A. July the 3d.

Q. You lost it in August. - A. Yes.

Q. There was a girl lived with you at that time. A. Yes.

Q. Did not you suspect her. - A. I never suspected any one; she went away near upon the begining of August.

THOMAS FLOOD . I am a pawnbroker, journeyman to Mr. Harrison, No. 5, Tottenham Court road. On the 17th of August the prisoner came to our shop, he asked us if we bought old silver; I said we did; I weighed the spoons, and they weighed four ounces; I gave five and six pence an ounce. One pound two I gave for them.

Q. Are these the spoons that you received from the prisoner. - A. Yes, I am sure the prisoner is the person.

Cross-examined by Mr. Knapp. Have you always said that. - A. Yes.

Q. Have you not said before that a girl bought them. - A. Yes, it was all through the foreman; at the time I bought them he was present.

Q. The question is, whether you have not said before, that the woman brought them. - A. I said so at Hickes's hall, before the grand jury; never being there before, it was fright and flurry.

Q. So fright and flurry made you charge another person with pawning it - which is the truth. - A. The prisoner brought it.

Court. How was the transaction. - A. The prisoner came in our shop and sold the spoons.

Q. Was there any body with him. - A. I cannot say.

Q. How came you before to say that they were brought by a girl, was it upon your oath. - A. Yes. When the officer came to our shop, he said I have come about two spoons that have been stolen; I took him down in our kitchen, I spoke to our foreman, he said I do recollect buying two spoons of a woman; that made me say so.

Q. Who was it you bought them of. - A. The prisoner at the bar. I cannot say whether there was any body with him or not.

The prisoner left his defence to his counsel, and called no witnesses to character.

NOT GUILTY .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-63

735. SUSANNAH COOK , alias DAVIS , was indicted for feloniously stealing on the 21st of September , two sheets, value 10 s. the property of George Angel , in a lodging room .

Mrs. ANGEL. I am the wife of George Angel , I live in Bell-street, Marybone , my husband is a day labouring man . This prisoner was with me a month. It is seven weeks ago last Saturday since she took the one pair of stairs room furnished, at four shillings and sixpence a-week.

Q. Did she pay you any rent. - A. She left five and six pence behind; I cannot say when she took the sheets. At the end of the month she went away and left no sheets there; I gave her a pair of sheets to put on the bed in her lodging.

Q. Did you ever find your sheets. - A. Yes, at the pawnbroker's.

WILLIAM SPICER . I am an headborough. On the 21st of last month, in the evening, Mr. Angel, with three other persons, came to me and said that he had lost two sheets. On the next morning I met Kendall, I asked him to go with me; we went into Green Harbour-court, Golden lane; there we found the prisoner, she had got this purse in her hand, it contained these two duplicates.

GEORGE FLINT. I am a pawnbroker, 89, Edgware Road, Marylebone. I have a sheet pledged by a woman in the name of Elizabeth Green, on the 20th of September last.

Q. Do you know the prisoner. - A. I do not know her, as to pledging this sheet only, as a customer, no further.

ROBERT ROBERTS . I am apprentice to Mr. Christian, pawnbroker, High-street, Marylebone; the prisoner pawned this sheet, I am sure it is her.

(The property produced and identified.)

Prisoner's Defence. I was not the woman that pawned the sheets; I was living with a man, he pawned one of the sheets in his own name, Green, to buy himself tools. The two tickets were left with me. I could not read.

Q. How came you to leave the lodgings. - A. Because he was taken up as a deserter.

- KENDAL. She acknowledged to me that she pawned the sheets, and that she had the liberty from the landlady.

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

Q. to prosecutrix. Did you let the lodgings to her or the man. - A. To her; the man came in the evening.

GUILTY , aged 27.

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

First Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-64

736. EDMUND PALMER was indicted for feloniously stealing on the 15th of October , a pair of silver spurs, value 7 s. the property of Richard Dimsdale , esq.

ELIZABETH MACDONALD . I take in washing.

Q. Whose spurs are those. - A. Mr. Richard Dimsdale 's; my husband is ostler in the yard; my husband brought them up in the room when he took them off the gentleman.

Q. Why do you accuse the prisoner of taking them. - A. There was nobody in the room to take them but the prisoner; he was out of place, I washed for him; he came for a pair of gaiters.

Q. What day was this. - A. On the 15th of October when he took them; I saw the spurs while the prisoner was in the room, they were on the table; he took the spurs about half after three o'clock. I missed them between five and six. He pawned them.

MR. JACKSON. I am a pawnbroker No. 1, Vigo-lane; I took the spurs in to pawn on the 15th of October of a man which I suppose to be the prisoner; I lent seven shillings on them.

ALEXANDER BALL . I am a constable; I apprehended the prisoner. I searched him; first he said he knew nothing of them, after that he said he had pawned them in Vigo-lane.

(The property produced and identified.)

Prisoner's Defence. This woman washed for me; I went there to get myself clean; coming down stairs into the yard, I picked these spurs up in the gutter. This woman has many small children, and very likely they might have dropped them there.

GUILTY , aged 21.

Whipped in Goal , and discharged.

First Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-65

737. WILLIAM ROGERS was indicted for feloniously stealing on the 18th of June , two sheets' value 11 s. a table cloth, value 2 s. a blanket, value 5 s. and two pillow cases, value 2 s. the property of Montague Green , in a lodging room .

ELIZABETH GREEN . I am the wife of Montague Green, he is a horner ; we live in Montague-street .

Q. Did you let the lodgings to this man. - A. He agreed with me for a two story front room furnished at four shillings a week; he came at the latter end of May and continued to the latter end of July.

Q. What business was he. - A. A lawyer's clerk .

Q. Did he pay you regularly. - A. He owed me fourteen shillings when he went away on the Tuesday; on Thursday I went up into his room, I missed a pair of sheets, a blanket, a table cloth, and a pair of pillow cases; the duplicates were found under a cup on the mantle piece.

Q. Did any body live with him. - A. Yes, his wife, and a child about seven months old.

JOHN REEVES . I am a pawnbroker; a sheet was pledged with me by a woman for ten shillings on

the 10th of June.

JOHN FRENCH . I am a pawnbroker; a sheet was pledged with me on the 20th of June for four shillings, and a blanket for three shillings by Mary Rogers .

(The property produced and identified.)

Q. to prosecutrix. Why did you take up this man. - A. Because he had said before the magistrate he gave the things to his wife to pledge; he was in great distress.

NOT GUILTY .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-66

738. JOHN CAMPBELL was indicted for feloniously stealing on the 16th of October , a basket, value 6 d. and eight pound weight of pork, value 4 s. the property of Thomas Toulman .

Second count for like offence, the property of Jacob Jordan .

JACOB JORDAN I am a carrier from Sunbury.

Q. On the 16th of October had you a basket of pork in your errand cart. - A. Yes, it was delivered by Mr. Toulman into my cart about half past ten in the morning, at Hampstead, directed to the Crown in Oxford-street. At Cursitor-street a woman called out that a man had taken something out of my cart, as I was delivering some things on the other side of the cart; I ran about fifty yards, I came up with the prisoner who had the basket under his arm; he was collared by Tatley. I took the basket from under his arm.

Q. Was that the basket of pork that was put in your cart by Toulman. - A. It was. The direction was off, it was only a thin piece of paper, but I know it was the same basket. This was in the evening about eleven o'clock.

Q. What was the value of the basket and pork. - A. Six shillings.

HENRY TATLEY . I am a porter to a wine merchant, 26, Cursitor-street.

Q. Did you see Jordan's cart on the night of the 16th of October. - A. Yes, and I saw the prisoner on the curb as I was shutting up my master's shutters; he made two steps into the cart. I can swear that he took a basket out of the cart. I pursued him as fast as I could, I never lost sight of him till after the basket was taken from him by Mr. Jordan.

Prisoner's Defence. I was in distress. I am a porter; what they have said is all true; I implore for mercy.

GUILTY aged 49.

Confined Six Months in the House of Correction , and Publicly Whipped .

Second Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18071028-67

739. RICHARD GUPPY was indicted for feloniously stealing on the 23rd of October , a waistcoat, value 18 s. three habit shirts, value 6 s. six pair of stockings, value 6 s. three pieces of bed linen, value 3 s. a pair of stays, value 3 s. and a shift, value 2 s. the property of William Henry Row, and a pair of stockings, value 2 s. the property of Sarah Woodward , spinster .

SARAH WOODWARD . Q. Are you a single woman. A. Yes, I am a servant to Mr. Row, No. 8, Panton place, Clekenwell .

Q. Did you lose any of your clothes any time. - A. Yes, on Friday the 23d of October, between five and six in the evening; I had seen them in the garden a few minutes before they were taken; the garden was fenced in with a brick wall; I did not know that they were gone till six o'clock, I saw the man in custody; I saw the clothes at No. 17, Penton-place.

Q. Did you know the things again. - A. Yes.

ROGER ABBOT . On Friday the 23rd of October, between the hours of five and six, I discovered from our back room window (our house is No. 17,) three men in a lurking disposition, as I thought' in the field; they were below our house considerably, I very soon lost sight of them. I then went into our garden and raised myself above our fence; I then discovered that they had changed their position, and had gone immediately under a garden wall, where there were clothes hanging; I went into the house and asked for a stick; I then went into a neighbours below our house; I enquired if there were any gentlemen in the house, the servant told me there were several; I begged her to inform one of them I wanted to speak to him; when he came, I told him there were several ill disposed persons in the field. We went to the field where I had seen these men; looking up the hill, the field goes with an ascent all the way, we discovered objects moving, as I come up to Mr. Rowe's; I there saw one man on the terrace of the garden throwing clothes over the wall; I saw another man on the right take these clothes, and at the same instant I came up, there was a man that I had not observed till then, he was within a yard of me, and seeing the situation that my friend was in, at that time, I formed a resolution of securing him; I therefore gave him two violent blows on the head or neck; thinking that he was stunned, I mentioned to my friend to take him in charge, while I pursued the other.

Q. Was he one of the men in company with the others. - A. I have do doubt of it, he was close under the wall; the man that sprang from the wall took a left hand direction, the other took a right; I followed him till he dropped the bundle, and soon after that I gave the pursuit up; we brought up the clothes; this man was very quiet. I believe he was sufficiently stunned. I took him as an accomplice.

Q. Did he ask why he was taken. - A. No, he said he knew nothing at all about it.

Q. At the time you overtook and knocked him down, was he under the wall of this place. - A. I do not believe he was a yard from the summer house; he was immediately under the wall from where the linen was thrown out.

Q. You at first saw three, and he was one of them when the other made his escape from the wall. - A. Yes.

Q. He had not possessed himself of any article of this linen had he. - A. He had not.

MR. HALL. Were you desired by Mr. Abbot to assist in taking some suspicious people. - A. I was; when we got into the field, I thought we observed something; we went to Mr. Row's, a few yards before we came to the prisoner; I observed the man get over the wall, with something under his arm.

Q. How near was the man that was getting over the wall to the prisoner. - A. Not more than three

yards, if so much as that.

Q. Did the prisoner give any alarm at that time. - A. None in the least. I found the linen close down by him that Mr. Abbot pursued.

Q. Did you see any linen throwed over the wall. A. The man that got over the wall had linen between the prisoner and the man that run away, whom Mr. Abbot pursued; I secured the prisoner, he said he only came there to ease himself, he did not know any thing of the man that was not secured. I picked up the linen.

Q. It was getting dusk at this time, was it not. - A. It was.

Q. Was there any other person near him. - A. Not as I saw.

- PECKHALL. I am a constable. This man and the linen were delivered into my charge on the 23d of October, between five and six o'clock in the evening.

Q. When the prisoner was delivered over into your hands, did he say any thing about it. - A. He said that he knew nothing of the two men that were with him.

(The property produced and identified.)

Prisoner's Defence. I was out of work three weeks; I used to work at Mr. Smith's, Battle Bridge, I went to see if I could get work again about there. When it was dusk I went into the field to ease myself, and before I stooped the things were thrown over a little distance from me. I stood on my feet and looked at them for the space of a minute, and just as these two gentlemen were coming up, the two men that were over the wall got over back again and ran away; one of them struck me and called me a d - d villain. I asked him what it was for, he said he would tell me.

GUILTY , aged 28.

Transported for Seven Years

Second Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18071028-68

740. THOMAS WHITE was indicted for feloniously stealing on the 17th of October , a carpet, value 16 s. and a rug, value 14 s. the property of Samuel Marr .

SAMUEL MARR . I am a chair maker by trade, I live at 72, Old-street . On the 17th of October, about six in the evening, I was sent for, and told that my house had been robbed.

Q. Did you see your goods that evening. - A. Yes, the prisoner was taken in the act; I saw the carpet and the rug in my own house, it was brought back by the prisoner; I knew them to be mine.

JOSEPH HAYWOOD . I am a smith; on the 17th of October I was going by Mr. Marr's shop about six o'clock; I saw the prisoner take the carpet and the rug out of the shop; I was before him, he followed me; Mr. Marr's young man was running after him. I never lost sight of him till he was stopped. I am sure he is the man.

WILLIAM PAYNE . I am Mr. Marr's servant; on the 17th of October I saw the prisoner take the carpet and rug out of my master's shop and put them under his arm, and go off with them. I followed him and stopped him, I asked him what he had got there; he said nothing.

Q. to prosecutor. What is the value of them. - A. Thirty shillings.

(The property produced and identified.)

Prisoner's Defence. I know nothing about it.

GUILTY , aged 45.

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

Second Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18071028-69

741. WILLIAM BRYANT was indicted for feloniously stealing on the 18th of September , one sarsnet dress. value 5 l. a silk shawl, value 5 l. a lace cloak, value 4 l. a petticoat, value 10 s. a pair of stockings, value 8 s. a pair of shoes, value 7 s. a habit shirt, value 5 s. and a pair of gloves, value 1 s. the property of Zillah Chapman , spinster .

ZILLAH CHAPMAN . Q. Are you a single woman . - A. Yes; I live in Oxford-street, No 99.

Q. Did you lose a sarsnet dress and other articles. A. Yes, on the 18th of September; they were sent by the stage. I left these things at East Sheen; I expected to receive them on the 18th of December. I never recovered them.

Cross-examined by Mr. Alley. You had been on a visit to East Sheen. - A. Yes.

Q. You had left behind at a friend's this pelisse and other things. - A. Yes, I never received them, they were to arrive on the 18th.

Q. The friend with whom you had been on a visit is not here. - A. No.

CHARLES TOWNSEND . I live porter at Mr. Hatchett's in Piccadilly; I received a parcel from the Richmond coachman, James Buckel , on the 18th of September, about four in the afternoon, it was given to me to deliver them in Oxford-street; I gave that parcel to William Bryant , the prisoner; he was a gentleman's servant, he was to deliver it in Oxford-street.

Q. You do not recollect the particular part. - A. No.

Q. Do you know the contents of that parcel. - A. Not of my own knowledge.

Q. When did you see Bryant again. - A. I saw him several times after they were delivered, before I heard any thing about them; it was about a week afterwards that I heard there was one missing; I did not know it was this parcel. Bryant told me he delivered it according to the directions.

Q. What sort of a parcel was it. - A. A brown paper parcel, no larger than he could put in his pocket.

Cross-examined by Mr. Alley. Have you never said that you delivered the parcel to a man of the name of Douglas. - A. No.

Q. On the 29th of September you were taken up yourself - you knew that you must say that you delivered it to somebody else to screen yourself, or else you would have been tried yourself. - A. I was taken up; this man owned that he himself had it. I accused this man long before I was taken up.

JAMES BUCKEL . Q. Did you drive the Richmond coach on the 18th of September. - A. Yes; I received a parcel from the Bull at East Sheen, from Mr. Moore.

Q. Do you keep a way-bill of your parcels. - A. No.

Q. Do you know to whom that parcel was directed

- A. I cannot swear to the name nor number, no further than Oxford-street.

Q. Had you more than one parcel for Oxford-street. - A. I only brought that one parcel, it was a brown paper parcel about a foot and a quarter long.

Q. I suppose you were not acquainted with the contents. - A. No.

Q. To whom did you deliver it to. - A. To Charles Townshend , porter at Mr. Hatchet's, about a quarter before three.

Q. That the witness who has been just examined, - A. Yes.

Q. You have never seen the the parcel since. - A. No.

Q. Did you see to whom he delivered it. - A. No.

MARY - . I am a servant to Mr. Mackey at Walworth. I heard Bryant say in the lock-up house in Marlborough-street, that he had received the parcel from Townshend, and he had delivered it in Oxford-street.

Q. Was he in custody after having taken this parcel. - A. Yes, they were both in custody together.

Q. How came you to be there at that time. - A. I went with Townshend's wife, she was taking tea at our house.

JOHN WARREN . I am an officer belonging to Marlborough-street; I only know I took these men. When I took them in the Qeen's Head, Marlborough-street, Townshend said there would be a bloody row. That is all I heard.

Court. It is not proved that that parcel contained any one article belonging to Zillah Chapman .

NOT GUILTY .

Second Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18071028-70

742. MARY LAMBERT was indicted for feloniously stealing on the 30th of September , three shirts value 10 s. a sheet, value 5 s. a blanket, value 2 s. an iron, value 6 d. two saucepans, value 2 s. 6 d. two silver tea spoons, value 6 s. and a silver table spoon, value 7 s. the property of John Winfield .

JOHN WINFIELD . I am a pawnbroker . I live at 178 Drury-lane , the prisoner lived servant with me; I do not know exactly when I lost the articles. On Thursday morning I had suspicion from something, I heard that she had robbed me; I called her into my parlour, I said to her, how long have you been in the habit of taking candles and disposing of them for gin at a neighbouring public house; she denied it; I sent for a gentleman that had one in his possession, he was not at home; she after that owned to it. I told her I did not mean to keep her in the house, and for her to give up those things that she had in her care, and let me see that it was all right. She paused for a moment, she said she hoped I would not be angry with her, she had made away with some of my things; I asked her what she had done that for, as she wanted for nothing in my house, and I had let her have twenty shillings advance in wages; she had only been with me five weeks and a few days. She said that she had pledged them at Mr. Collins's and Messrs. Lea and Barnet. Mr. Blackman the officer searched her and found six duplicates on her; we went to the shop of Lea and Barnet and Mr. Collins; I saw the things produced, they are my own.

WILLIAM BLACKMAN . Q. You have got the duplicates. - A. I searched her and found the duplicates in her pocket in a pocket book.

JAMES SMITH . I am shopman to Messrs. Lea and Barnet, I have got a silver table spoon, a slat iron, and two shirts. I took them in myself of the prisoner.

JAMES BARLOW. I am a servant to Mr. Collins. I have got two tea spoons, one sheet, a shirt, a blanket, and two salt spoons; the prisoner at the bar pledged them at our house.

(The property produced and identified.)

Prisoner's Defence. I was out of place a long while, I was lame; I had parted with all my clothes, and when I came to this place, I took some of my master's things; I meaned to take them out again.

GUILTY , aged 21.

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

First Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-71

743. FRANCIS MATTHEWS was indicted for feloniously stealing on the 8th of September , one metal watch, value 30 s. the property of Hugh Threader .

SUSANNAH THREADER . Q. What is your husband. - A. A painter and glazier , Brownlow street , the prisoner at the bar worked for us. On Tuesday morning the 8th of September, I went into the shop with some clothes, and the watch in my hand; I laid the watch on the shop board, I doubled up the clothes, and put them in the drawer, and forgot to bring the watch away; the prisoner was working in the adjoining shop.

WILLIAM READ . I am a constable at Hatton Garden. On the 21st of September this boy was brought to Hatton Garden office; after having his hearing he confessed that he stole the watch and pawned it in the Strand, and he gave the duplicate to a jew boy; I went with him and he shewed me the shop, Mr. Essex in the Strand. When I came there the watch had been taken out two days; he then shewed me where the jew boy lived; I took the jew boy in custody; he had pawned the watch at another shop in the Borough.

JOSEPH JOSEPH . The prisoner came to me as I was standing at Black Frier's-bridge, he asked me to buy the ticket of a watch; I went to the Strand and took it out. I showed it to my father, he told me to have nothing to do with it; I went and pledged it at another place for twelve shillings; I took it out for fifteen shillings; I lost three shillings by it.

WILLIAM COLDER . I am a pawnbroker. The watch was pledged by Joseph.

JOHN GREEN . On the 8th of September, the prisoner pledged a watch with me.

The property produced and identified.

Prisoner's Defence. I was in distress when I did it.

GUILTY , aged 17.

Fined One Shilling and discharged.

First Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-72

744. THOMAS SHIPPING was indicted for feloniously stealing on the 27th of September , a truss of hay value 2 s. the property of William Sault ; and JOSEPH DOMINICO for feloniously receiving the same goods, knowing them to be stolen .

WILLIAM SAULT . I am a calender ; I live in South Molton-street . Shipping was with me twelve days, he took care of my horses; I was out of town at the time.

JAMES PERKINS . I am a coal dealer. I saw Thomas Shipping roll a truss of hay from Mr Sault's loft at the Haunch of Venison mews; he put it into the stable.

Q. And what went of it afterwards, - A. I do not

Q. And what went of it afterwards. - A. I do not know.

Q. If you do not know, I am sure I do not know. - A. That is all I know.

NOT GUILTY .

First Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-73

745. SARAH HOLMES was indicted for feloniously stealing on the 10th of October , seven yards of linen, value 5 s. a handkerchief, value 2 s. a shawl, value 3 s. a waistcoat, value 2 s. and two pair of breeches, value 12 s. the property of George Smith .

GEORGE SMITH . I live at 33, Titchfield-street , I am a taylor .

Q. Did you at any time lose seven yards of linen, and the other articles mentioned in the indictment. - A. Yes; they were missed on the 30th of September; the linen was missed first; there were thirteen yards missed, seven yards I found upon the prisoner; the others were found, in consequence of her being taken up on the 10th of October; the prisoner had chaired for me for several months. When I first missed this, my suspicion tell on the the prisoner. On the 30th of September the prisoner was in the house; I thought there was something about her, that shewed guilt. On the Saturday following she sent word that she was ill and could not come to work; between that and the next Saturday my servant went into the back place and discovered a pair of breeches concealed between two casks; I ordered her to put them there again. On the Friday I sent to the prisoner to know if she could come to work on the Saturday; on the Saturday evening, about the time of her going away, the apprentice was put down in the kitchen, and was desired to dissemble as if he was asleep, while I and the man was in the parlour; the boy immediately upon her quitting my house, went into the kitchen to see if the breeches were gone, they were gone; he informed me; I sent my foreman after her, she came back; I was sitting in my parlour, she asked me if I wanted her; I at that same moment saw her throw something on the stairs, out of her hand; I asked her what she had throwed on the stairs, she said it was only her dirty apron; I looked at it, and shook this pair of breeches out of it; she said she did not know they were breeches, she thought it some dirty rag, she had swept up in the kitchen; I asked her where the linen was.

Q. Did you tell her it would be better for her to tell where the linen was. - A. Yes.

Q. Then you must not tell what she said. - A. She was then taken by the constable.

Q. This linen was taken at a different time from the breeches. - A. Yes.

Q.Confine yourself to those pair of breeches, do you know them to be yours. - A. Yes.

(The property produced and identified.)

HENRY PALMER . Q. On the day this woman was taken up, did you see these breeches that have been produced; where was they before this woman came into the house. - A. They were between two barrels, against the wall, I had seen them there in the middle of the week, that she was taken on the Saturday. After she left the house, I went to the casks and found they were gone; I told my master of it; he had her brought back; I saw her drop them from her apron; I picked them up.

Prosecutor. Three yards of linen was taken from round her body, and three yards cut to pieces were found in the privy; I saw it down the privy. I had lost linen exactly of that sort.

- SCRAGG, I am a constable. I found three yards of linen round her body. I found three yards of linen, which Mr. Smith proved to be his, down the privy.

Prisoner's Defence. I was in distress, I meaned to redeem them, but my master found it out.

GUILTY , aged 42.

Confined one Years in the House of Correction , and fined One Shilling .

Second Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-74

746. THOMAS SMITH was indicted for feloniously stealing on the 16th of October , three sacks, value 3 s two bushels and a half of potatoes, value 5 s. and five bushels of chaff, value 2 s. 6 d. the property of Joseph Etheridge .

JOSEPH ETHERIDGE . I am a farmer , I live at Edmonton ; the prisoner went out with potatoes team; they always set out from eleven to one, to be at market early; I discovered some time before that I was robbed; I suspected the prisoner, I stood up at the mouth of the yard, I discovered these sacks with potatoes and chaff; I went out of the yard and followed him.

Q. Had he any order to take potatoes. - A. Yes, a load of twelve sacks; he had fifteen sacks with him he had two sacks of potatoes and one of chaff.

Q. Had he any order to take any chaff to town. - A.Certainly not. I stopped him, I told him he had got these sacks that he should not have, he said he took them for his horses; I carried the two sacks of potatoes and the sack of chaff and gave him in charge of the constable.

Q. What is the value of the two sacks of potatoes. - A. They may be worth five shillings and the chaff more than two shillings.

Prisoner's Defence. I was short of corn; that night master had not gave me enough corn.

Prosecutor. I never allow corn, he had hay with him.

GUILTY aged 28.

Confined One Week in Newgate , publicly whipped One Hundred Yards from the Angel at Edmonton .

Second Middlesex jury, before Mr. Recorder.

Reference Number: t18071028-75

747. JOHN WILLIAMSON was indicted for the wilful murder of Ann the wife of Joseph Delcroix , upon the 20th of September ; and

Three other counts for like offence, only varying the manner of charging them, and also charged upon the coroner's inquisition.

NOT GUILTY .

First Middlesex jury, before Lord Ellenborough.

Reference Number: t18071028-76

748. MARY HAMILTON was indicted for feloniously stealing on the 18th of October , a quart pewter pot, value 1 s. and a pint pewter pot, value 6 d. the property of Thomas Chamberlain .

THOMAS SHELTON . I am a servant to Thomas Chamberlain , he keeps the St. Andrew public house, George-street, Portman-square . On Sunday the 18th of October, about half past three in the afternoon, a young man came into the house, and informed us that a woman took up a quart and a pint pot. I went and followed her up Baker-street, and brought her back to the house with the pots upon her; she had them in her apron; she begged for mercy.

Q. Had she been in the public house. - A. No, she took them from the rails of our own door.

(The property produced and identified)

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

GUILTY , aged 64.

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

Second Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18071028-77

749. JOHN NORRIS was indicted for feloniously stealing on the 5th of October , three yards of cloth, value 12 s. and two yards of gingham, value 3 s. the property of Benjamin Markham .

The case was stated by Mr. Alley.

BENJAMIN MARKHAM . - Mr. Alley. I believe you are a linen draper , Ratcliff Highway . - A. Yes, the prisoner was a servant of mine, he had been with me about four months, he is about sixteen. On the 5th of October I searched his box in the room he slept in; under his wearing apparel I found a brown paper parcel, containing some Irish and some gingham; I am sure it is mine. I sent for an officer, and I produced this linen before him; I said John, do you recollect this, he went down upon his knees and begged my pardon; he said his mother had given him an order to lay by a remnant or two; I had frequently observed him bulky, which led me to suspect he was not the lad he ought to be. I had him to mind the door, to see that others did not rob me.

Q. What sort of cloth is it - A. Irish cloth; it is four shillings and sixpence a yard.

The property produced and identified.

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

GUILTY , aged 15.

Fined One Shilling and discharged.

Second Middlesex jury, before Mr. Common Serjeant

Reference Number: t18071028-78

750. MICHAEL KALTEISON was indicted for feloniously stealing on the 24th of September , an axe, value 2 s. 6 d. and a ripping chissel, value 2 d. the property of George Abbot ; and MARY KALTEISON for feloniously receiving the same goods, knowing them to be stolen .

GEORGE ABBOT . I live in Gower's-place, Whitechapel parish, I am a carpenter . In the latter end of September last, I left my tools in some buildings where I was at work, at six o'clock in the evening, just at the back of Brick-lane ; I do not remember the day of the month.

Q. What tools did you miss. - A. I missed an axe, and a ripping chissel; I missed them on the Thursday. I saw them the next day at Worship-street.

Q. Was the lad in custody then. - A. Yes.

JOHN VINCE . I am a carpenter in the same buildings. We took the lad up; he acknowledged where the axe was sold, by his mother. I told him it would be the better for him to tell.

Court. Oh, then we must not hear.

THOMAS HART . I am a constable. After I got him to Worship-street, I was directed by the magistrate to go to a broker's shop in Worship-street; there I found this axe. Abbot claimed it at Worship-street; I found the ripping chissel at Jacob's shop in Spital fields.

(The property produced and identified.)

ABRAHAM JACOBS. Q. Do you know any thing of these goods. - A. I bought the ripping chissel of the woman, she said it belonged to her husband, he had gone to the workhouse. I gave her fourpence for this chissel and another old chissel.

The prisoners said nothing in their defence, nor called any witnesses to character.

NOT GUILTY .

Second Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18071028-79

751 MICHAEL KALTEISON was indicted for feloniously stealing on the 24th of September , a plane, value 1 s. 6 d. the property of Gawin Johnson , and MARY KALTEISON for feloniously receiving the same, knowing it to have been stolen .

GAWIN JOHNSON. I am a carpenter . On the 24th of September, I lost a trying plane from a building in King Edward-street, Mile-End New-town ; I left them the over night; when I came in the morning about six o'clock it was gone.

Q. When did you see it again. - A. On the 25th, at Worship-street office. I know it to be mine.

JOHN VINCE . Q. Do you know any thing of the lad taking any thing only from confession under promise. - A. No.

THOMAS HART . We found the plane at Jacob's.

ABRAHAM JACOB . Q. Where did you get that plane. - A. I bought that plane of the old woman, I gave her a shilling for it. On Tuesday the 24th of September, at four o'clock in the afternoon, when she came, I asked her if it was her own, she said it was her husband's, she had them laying about a long while; she said to the boy, your father is just by, he is just come out of the workhouse, go and ask your father if he will take the money; the boy went out and came in again, and said, you may do as you like.

The prisoners said nothing in their defence, nor called any witnesses to character.

NOT GUILTY .

Second Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18071028-80

752. MICHAEL KALTEISON was indicted for feloniously stealing on the 24th of September , a plane, value 2 s. the property of William Witham .

WILLIAM WITHAM . I am a carpenter .

Q. Where did you lose your plane. - A. In the building at the back of Brick-lane , where Abbot lost his; I lost it on the night before the 24th of September; when I came in the morning I missed it; I know nothing of the boy; my master catched the prisoner.

JOHN VINCE . Q. Do you know the prisoner at the bar. - A. Yes.

Q. Did you see him in possession of any plane. - A. Yes, on the 24th of September, a quarter after five in morning.

Q. You are a builder. - A. Yes; I saw him come out of the cellar of the new buildings; I laid hold of him, he had this plane in his hands before him; I asked him what he was going to do with this plane, he said he found it down there.

(The property produced and identified).

Prisoner's Defence. I was outside of the house.

Court. Yes, but the plane was inside of the house.

GUILTY, aged 12.

Judgement respited .

Second Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18071028-81

753 SARAH EARLE was indicted for feloniously stealing on the 28th of October , a duck, value 2 s. the

property of William Masters .

MRS. MASTERS. I am the wife of William Masters , we live at 23. St. John-street , he is a cheesemonger and sells poultry .

Q. Did you lose a duck at any time. - A Yes. On the 28th of October our poultry was laying on the window, and the window up; about two o'clock the prisoner came in for a quarter of a pound of butter; another woman came up to the window and asked the price of the duck, I told her half a crown, she said it was too dear; I kept looking at the window, I rather mistrusted the other woman, I did not mistrust the prisoner; I walked out and missed the duck from where I had seen it.

Q. Had the other woman gone before you missed the duck. - A. It was all within two minutes; I pursued the prisoner, she said she had not got a duck of mine, I said she had; I took hold of her apron and she had the duck in her apron; she then said the other woman gave it her.

- BLIGH. I took this woman in custody; the duck was delivered to me; I asked the prisoner how she came by it, she said the other woman gave it her to put into her lap; she appeared to be very much in liquor at the time.

Prisoner's Defence. I gave her the duck, and I went down upon my knees; I begged her a thousand pardons; I told her the other woman gave it to me. I did not know but the woman had paid for it.

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

GUILTY , aged 23.

Fined One Shilling and discharged.

Second Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18071028-82

754. JOHN RIGBY was indicted for that he on the 5th of October , with a certain gun, loaded with gunpowder and leaden shot, feloniously did shoot at Charles Mills and Edward Ive , subjects of our lord the King, with intent in so doing to kill and murder them ; and

Four other counts for like offence, only varying the manner of charging it.

The Case stated by Mr. Knapp.

EDWARD IVE . - Mr. Knapp. How old are you. - A Fourteen; I am apprentice to Mr. Rice, he is a butcher.

Q. On Monday the 5th of October were you in the yard. - A. Yes, with Charles Mills , one of Mr. Rice's young men, he called me out in the yard, and asked me what were we to do with the skins and the fat; after the bullock was got into the slaughter house, Charles Mills went up the yard, and was speaking to one of the lodgers; a little while after that I went and put my hand upon the shoulder of Mills, and I immediately felt the shot all about my face and breast.

Q. Did you hear the report of any thing at the time that you felt the shot - A. I cannot say I did.

Q. Did you know the prisoner. - A. Yes; and I knew his name.

Q. Had you seen him before you felt the shot. - A. No.

Q. You were stunned by this. - A. Yes.

Q. Did you fall down. - A. I do not know, I am sure.

Q. After your recovery did you see the prisoner. - A. No.

Q. Are you able to state whether Mills received any injury or not. - A. Yes, he was shot in the eye.

Cross-examined by Mr. Gurney. Where you with Mills the whole of the day. - A. Yes.

Q. Which of you had been firing at the sparrows in the walnut tree. - A. Mills fired once at the sparrows in the walnut tree, in the yard of the prisoner's house; it was at the back of the prisoner's window, about thirty or forty feet from it. I have a shot in my pocket which I took out of my head with a comb; here is the hat I had on at the time (produced the hat).

Court to jury. You see there are some shot holes in the front.

Q. What time did this happen. - A. Between five and six o'clock.

Q. How long before you received the shot was it that you had been firing in the yard. - A. He shot the sparrows about one or two o'clock.

ELIZABETH GIBSON. - Mr. Knapp. You live at Poplar. - A. Yes, in the adjoining room to the prisoner.

Q. What part of the house was it that the prisoner shot out of, as it is supposed. - A. Out of the one pair of stairs, and I live in the one pair of stairs, the rooms join, there is only lath and plaster between them; they both look into this yard, and they are both on the first floor.

Q. Were you looking out of the window in the course of that afternoon. - A. Yes, just at the moment of time Mills and Ive were shot.

Q. Did you see the prisoner at the bar before you heard any thing. - A. I never saw him; I had not been to the window five minutes before I saw Mills and Ive standing with their backs to the privy, and their faces towards my window, in their own yard, talking to a woman in a room immediately over me in the same house; I did not hear what they said; I heard the report of a gun, and the smoke came out of a window adjoining mine. I saw the boys drop their heads.

Court. Do you mean that you saw the smoke come out of the room that the prisoner inhabited. - A. Yes, apparently so; it exactly came in that direction. I could not see the prisoner, nor the window of that house, for the projection of the house that I live in,

Mr. Knapp. You saw the boys drop their heads immediately upon the report of the gun. - A. Yes; and in the course of a minute, when they held up their heads, I saw their faces covered with blood, and I heard them cry out.

Q. Did they drop or fall with it. - A. I cannot exactly say, they were in their master's yard.

Q. Had you heard the prisoner say any thing to the boys, or the boys to the prisoner. - A. I heard the prisoner swearing in his own apartment; it was a man's voice.

Q. Are you particularly familiar with the prisoner's voice, so as to say it was his voice. - A. Yes, I have heard him swearing several nights, and cursing several nights since I have been there.

Q. Did you know this man much before. - A. No, I am a total stranger to him; I have not been long in the place.

Cross-examined by Mr. Gurney. How near does that walnut tree grow to the prisoner's window. - A. It was pretty nigh the privy where the boys were; the branches overshadow the privy, it is twenty feet off the prisoner's window.

Q. Were the boys directing any discourse to the prisoner. - A. No, they were merely in conversation with

the woman above me. Some minutes after the accident I heard the prisoner say he would blow their brains out, but who he said so of I do not know.

ANN CRIPPS . - Mr. Knapp. You live in the same house with the last witness. - A. Yes, I live in the room over her. On the day this accident happened, I saw Mills and Ives in Mr. Rice's yard; hearing a swearing caused me to look out at the window; I could not see the prisoner's window. I supposed it to come from the prisoner. Charles Mills and Edward Ives were cleaning the yard after doing their business in the slaughter house; they spoke to me because I was frightened when the bullock was put in the slaughter house.

Q. When they were looking up and speaking to you, was their faces towards the prisoner's window as well as yours. - A. Yes.

Q. Did either of them say any thing to the prisoner. A. Not the least in the world; Ives put his head upon Mills' shoulder, and immediately the report of a gun went; the smoke came from that corner where the prisoner's window was; they dropped their heads and made a noise as if they were hurt; when they held their heads up, both of their faces were running with blood.

THOMAS RICE . Q. You are the master of these boys. - A. Yes; I was a-bed when the accident happened. I got up and saw the two boys; they were both in a very bloody state. I sent for a surgeon.

Court. Were you ill at that time. - A. No, I went to market about the hour of two in the morning, I was fatigued.

ROBERT BURROWAY . Q. What are you. - A. I am a waterman and lighterman. On the day this accident happened coming along I saw a number of people around this butcher's shop, I asked what had happened: they said two boys had been shot by the man next door; in consequence of that I went into the house where the prisoner lived. There was a door in the passage at the bottom of the stairs, that was fastened; I broke it open; I called out before I broke it open; there was no answer given. After I broke it open I went up stairs, I found the door of the prisoner's room was locked, I desired it to be opened, it was by the prisoner's wife. I then saw the prisoner standing by the bed side, he had a flannel waistcoat in his hand, and only a coat and waistcoat on; I asked him how he came to be guilty of such a rash action as to shoot the two boys; he blasted and swore at me, and asked me what authority I had to come there and take him; I told him that did not signify, he must go along with me; he said he would if I would let him put his clothes on. In fact I put his clothes on. A young man came in after me; he handed the gun over the bed to me, calling me by name, he said here is the gun that he shot him with, I suppose; the prisoner said, damn you, that is the gun, and he would shoot them again, or any one belonging to them. He wanted the gun from me, saying it was his property; he said frequently to the same purpose, that he would shoot them again, he did not care for any judge or justice; I believe he was very much in liquor. I took him before the magistrate, and here is the gun; it was quite damp with the sulphur, at the time I put the ramrod in the inside; it came out quite foul.

Q. You were accidently passing at this time. - A. Yes, I do not know that ever I saw him before this time.

GEORGE FLETCHER. - Mr. Knapp. You are an assistant to Mr. Smith, a surgeon. - A. Yes.

Q. Were you called to the assistance of these boys that had received this injury. - A. Yes, the boys appeared to be very much wounded about the head and face, with a number of small shot; Ives had one of his teeth broken; Mills had received a shot in the center of the right eye, which has deprived him of the sight entirely, it never can be restored; there was one or two in the neck, and one in the breast of Ives. Mills is in danger now, in consequence of the wound; there is an abscess in the back part of the eye.

GEORGE MERCER . I am twelve years old. I was in the lane by the back gate that leads out of the yard; I heard a noise, and I looked up at the window as it cracked in opening; I saw a man put a gun out of the window.

Q. Do you know the man. - A. Yes, Mr. Rigby, that is the man (pointing to the prisoner), I knew him before I heard the gun go off. I ran up to the slaughter house door, I saw their hats lay; I ran round to the shop door; I saw them, they were all over blood.

Court. Did he say any thing. - A. I did not hear him.

Q. How far was he from the boys when he shot them. - A. About thirty or forty feet.

Q. to Ives. While Mills was shooting at the sparrows in the tree, did the prisoner speak to either of you - A. No, I did not see him at that time.

Q. Had the prisoner ever found fault with you or Mills for firing at the sparrows. - A. Not as I heard of.

The prisoner left his defence to his counsel.

WILLIAM BRAGG . - Mr. Gurney. I believe you live at Poplar. - A. Yes, I am a millwright.

Q. How long have you known Rigby. - A. Thirty eight years; we lived next door to each other; he worked with me thirty-eight years ago.

Q. Do you remember his having any accident. - A.He had a piece of timber fall upon his head about thirty-eight years ago, it hurt him a good deal, I did not see it done; for this two years I have taken notice that he has not been in his proper senses; he has done no work lately, only little jobs, hanging a grindstone.

Q. I believe he is about eighty years of age. - A. I cannot tell; but I believe he is eighty-four.

THOMAS COOPER . - Mr. Gurney. You live in Old-street. - A. Yes, I am a millwright.

Q. How long have you known the prisoner. - A. Thirty-five years.

Q. Do you remember a piece of timber falling on his head. - A. Not that which Bragg speaks of. He had an accident in the year seventy-seven, a second accident; I was present at this accident. I will relate how it happened. In order to drive an old cog out of a wheel, some come out at one blow, and sometimes they require three or four; the cog flies fast when it is drove out, and it met Rigby upon his head; it was a severe blow, we thought he was killed.

Q. After that time did he appear to you that he was hurt in his intellects. - A. Yes, he fell short in his intellects within a twelve month after that, so far as disabled him from going through his business as he used to do, he was not so sharp as he used to be; before this any difficult job, he was the man that was picked out to do it. After this accident he was able to do a easy job, but not a difficult one.

Court. It had impaired the sharpness of his senses, still you thought he knew right from wrong. - A. Yes; he fell so short he was not fit to be put about much work.

JOHN GILLINGS . - Mr. Gurney. I believe you are a carpenter. - A. Yes, I live at Poplar, within a door or two of the prisoner; I have known him twelve or fourteen years; I always took him to be deranged and insane, not like another man; he is more so at some times than at other times. I have seen him outrageous when he has been at his own house, and swearing and tearing and going on in an irregular way, to what a man ought to in his senses.

Cross-examined by Mr. Knapp. Was he a sober man - A. Sometimes he was sober and sometimes not.

Q. You have described him as raving and swearing when he was outrageous, was that when he was sober. - A. I took upon it that happened when he was in liquor; I never saw him in his house. I did not know he was in possession of a gun.

Court. What part of the house have you seen him outrageous. - A. In the one pair of stairs. I could see him from my garden; he has been swearing at the window as if at somebody in the yard when there was nobody in the yard; it occurred very often years past down to the present time; he was directing all these oaths to a creature of his own imagination.

WILLIAM WICKSTEAD. - Mr. Gurney. I believe you keep the Black Horse in Limehouse. - A. Yes, I have known him between twenty and thirty years.

Q. Has he been during these twenty and thirty years in his mind or out of his mind. - A. Deranged in his mind. I have seen him when sober take up a tea kettle and knock his wife down without any provocation; he has talked all night when a-bed, he has come up into the garret when I have been a-bed; I have been so frightened at him, I have gone out of doors from him; he is worse when he gets a little liquor, he is so when he is sober and he is so when he is drunk. I have seen the gun hang up in his room; I am frequent in the habit of seeing him, and it has remained so on him down to the present time.

Q. He is a very old man. - A. Yes.

RICHARD HARVEY . I believe you are a tanner in Bermondsey. - A. Yes; I lived once in Poplar in the same house with him eleven months, two years ago, I saw him every day at that time; I thought him out of his senses, one sign being so rapid in his discourse, cursing and damning, knocking the things about the house, and stamping about like a madman, when there was no person in the room with him; I have seen him beat his breast and strike his head many times, and damn himself; I have seen him strike the table and say, I will strike you next, when there was nobody there.

Court. Was the whole of his conduct such as to make you believe that he was mad. - A. Yes.

ANN HARVEY . You are the wife of the last witness - A. Yes.

Q. Your husband being out at work you saw more of the prisoner than he did. - A. Yes.

Q. From all you saw of his conduct, did you think him to be a man in his senses. - A. I always took him to be a man ramping mad. Early in the morning when my husband has gone out to work, I have been obliged to get out of my bed and fasten the door for fear of his coming into the room, not that he ever hurt me. I have seen him beat his wife without any quarrel at all; I have taken her away When he has been by himself he has been ramping and making a noise, I have thought there had been plenty of people with him when there has been no one; I thought him a deranged man; for that reason I kept my door fastened.

JOHN LEWIS. Q. I believe you are a mill wright. - A. Yes.

Q. Has the prisoner come to you sometimes. - A. Yes, twice, when he had no business with us; he would set down upon the frame I was working upon, he would run on what he did when a boy, he would sit about ten minutes; we took no notice of him; then he would go away; he talked like a man out of his senses.

Q. How lately was that - A. About a year ago.

NORRIS SULLIVAN. I believe you are the landlord of the house the prisoner lived in. - A. Yes, he has lived there nigh twenty four years; I never thought him a in his senses from a little while after he come into the house. I never liked him to come in the shop when I was shaving; if he was at all contradicted he was like a man up set. I have been obliged to go out of the house many times when I have contradicted him; he has got a long staff and pursued me.

Court. Have you observed this strange conduct increase of late years, or has it been much so the whole time. - A. More so lately than it was before.

MR. TUCKER. I believe you are the prisoner's son-in-law. - A. I am, I have known him thirty years; he has conducted himself in every respect like a man out of his mind. I recollect a circumstance, I believe it to be twenty five or twenty six years ago, I lived three or four doors from Mr. Rigby at that time, I saw the prisoner coming down the lane with a stove and a fire in the grate, he threw it all in the ditch; I have lived in the house with him fourteen months, and during the time I have been with him he has been sitting by the fire in the arm chair, I have seen him snatch the kettle off the fire, take hold of the tea things and chuck the first thing he could take up at any body; and when he is in liquor he is generally full of talk. When I have thought him most in his senses, I have begged him not to come near me.

Q. Your reason for that was you were afraid of his insanity. - A. Entirely. When you converse with him a little time he is quite up and out of his senses.

NOT GUILTY.

Upon account of his being insane at the time .

Second Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18071028-83

755. JOHN SHEEN was indicted for feloniously stealing on the 5th of July , a silver watch, value 21 s. the property of Edmund Rourke .

EDMUND ROURKE . I am a labourer , I live in Bow ; I work for Mr. Crane of Stratford.

Q. Did you lose a silver watch at any time. - A. Yes, on the 5th of July; I was outside of the door talking to the prisoner; I went into my lodging and then I found that my watch was gone.

Q. What time of the day was it. - A. Between seven and eight o'clock in the evening.

Q. Are you sure that you had your watch in your pocket before this man came up to speak to you. - A. I only came out of the public house, he called and spoke to me, and when I went in my own house, I found he had robbed me of my watch; I had my watch when I was at the public house I was tipsey.

Q. Had you looked at your watch to see what time it was when you were in the public house. - A. Yes.

Q. Did the prisoner assist you to get you home. - A.

Yes, he saw me home.

Q. Were there any one with you besides the prisoner. - A. No one.

Q. Had you known him before. - A. I saw him only once before. After I got in doors I missed my watch; I went out of doors in about two or three minutes to try to overtake the man; I found the outside case where we were standing; the outside case was loose. Before the next morning I sent to the prisoner to ask him if he knew any thing about my watch; he said he would go the next Sunday and swear to the clergyman that he knew nothing about my watch, but he did not go.

Q. Have you ever seen your watch again. - A. Yes, I saw it at the pawnbrokers, a great while after.

Q. Did you know your watch again when you saw it. - A. Yes, if I do not know that watch among a hundred watches, I will take all the blame to myself and stand in his shoes. I sold the outside case.

Prisoner. He is swearing to what is not fair, he swears that there was nobody with him but me; there was a young man with us, he is gone into the country.

Prosecutor. There was a young man near a hundred yards off; there was no man at the door, he was waiting for him.

DAVID LLOYD . I am a pawnbroker at Poplar; I know the prisoner perfectly well, he pawned a silver watch, on Monday the 6th of July, in the forepart of the day; it wanted an outside case. I advanced him eight shillings on it.

JOHN LEE. I am a constable; I apprehended the prisoner on the 15th of August; I took him to Shadwell office. Mr. Rogers searched him, and found this duplicate of the silver watch upon him.

Lloyd. That is the same duplicate I gave the prisoner upon his pawning the watch.

JOHN ROGERS . I found the duplicate sewed in his breeches pocket.

Prisoner's Defence. He asked me to go and drink with his friend, we went to several public houses, he had his watch out; when we were all drinking together, he then took me home to shew me where he lived, to come and see him on the next Sunday; there was a young man, and two more with us when we parted, but they are in the country to work.

GUILTY , aged 26.

Transported for Seven Years .

Second Middlesex jury, before Mr. Common Serjeant.

Reference Number: t18071028-84

756. PATRICK HALEY was indicted for feloniously stealing on the 11th of October , a purse, value 6 d. a half guinea, a seven shilling piece, and a one pound bank note , the property of James Fitz Morris , since deceased.

JOHN STEVENS . I keep a coffee house No. 31, Oxendon-street .

Q. Did you know James Fitz Morris. - A. Yes, he died at my house on the 11th of October, about half after two o'clock; the prisoner came now and then to brush captain Fitz Morris's clothes; I was in the room with him half an hour before he died, and at his death. the moment I saw he was dead, I took all his wearing apparel and put them into the adjoining room; I found his pocket book open, it was locked the night before; I locked in the pocket of the pantaloons, there was nothing in it. I knew that he kept his purse in his pantaloons; the purse was gone; then I challenged the nurse, the house-maid, and the prisoner they all denied it; I sent for an officer; when the prisoner saw the officer at the door, he pulled the purse out of his pocket, the prisoner said here it is, and I shall take care of it; he said the captain owed him two pound for his sister's washing, he would take it to pay his sister.

Cross-examined by Mr. Bolland. I believe there where other people to whom the captain owed money. - A. Yes, he owes me a good deal of money myself; he had been at my house upwards of six months.

Q. Do you know Mr. Kelly of Jermyn-street. - A. I have heard of captain Fitzmorris going there sometimes; Mr. Kelly sent by the prisoner a one pound note to captain Fitzmorris.

Q. Was the prisoner in the room when the captain died. - A. No, he was out about a quarter of an hour, and he returned in about three minutes after the captain's death.

Q. Of course he might have disposed of it. - A. He might.

Q. Was there no conversation about what the purse contained before the officer came in. - A. Yes, when the officer was in the passage, he told me what the purse contained.

Court. Did you know in point of fact whether his sister washed for the captain. - A. She did wash for the captain; she denied being his sister; she claimed one pound seventeen shillings, or two pounds.

MRS. MUNRO. Q. You nursed the deceased. - A. Yes, I came on the Saturday evening as he died on the Sunday.

Q. Did you know that he had a purse in his pantaloons on the Sunday morning. - A. Yes.

Q. Do you know this woman whom the prisoner calls his sister. - A. Yes, she said the captain owed her one pound seventeen shillings.

MARY DENT . I know the purse to be the captain's.

PHILIP PILGRIM . I am an officer. I produce the purse.

Prisoner's Defence. I offered to pay the money to Mr. Kelly, where I borrowed it, he would not let me, or to give it up at the justice's.

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

NOT GUILTY .

Second Middlesex jury, before Mr Common Sergeant.

Reference Number: t18071028-85

757. ANN WOODMAN was indicted for feloniously stealing on the 29th of October , a Kidderminster carpet, value 30 s. the property of John Friendly .

JOHN FRIENDLY . I live in Hackney-road . On the 29th of October, between three and four o'clock in the afternoon; from information I pursued the prisoner, and took her into custody with the carpet under her arm; she was not a hundred yards from my house.

Q. Was it a Kidderminster manufactory. - A. Yes; worth about thirty shillings; the prisoner begged pardon, and said it was distress that made her do it.

MR. MATHEWS. I live nearly opposite Mr. Friendly; I saw the woman take it.

The property produced and identified.

Prisoner's Defence. I am very sorry; the blessed Lord had forsook me at that time; the carpet stood on a table, close to the road; I took hold of it and went three doors off his house, the gentleman came after me, he said what are you going to do with this carpet, I said if it is yours there it is; I am sorry for it.

GUILTY , aged 58.

Whipped in Gaol and discharged.

Second Middlesex jury, before Mr. Common Sergeant

Reference Number: t18071028-86

758. ELEANOR HICKEY was indicted for feloniously stealing on the 23d of September , four handkerchiefs, value 4 s. and seven shillings and sixpence in money , the property of Robert Morton .

JOSEPH PRINCE. I am the officer that took the prisoner; Robert Morton is not to be found. I found these things in her box, belonging to the prosecutor.

Q. You do not know that fact of your own knowledge. A. No, he said they were his.

The prosecutor being called, and not appearing in court, his recognizance was ordered to be estreated.

ACQUITTED .

Second Middlesex jury, before Mr. Common Sergeant.

Reference Number: t18071028-87

759. JOHN UPCRAFT was indicted for a misdemeanor . The indictment was read by Mr. Gleed, and the case was stated by Mr. Attorney General.

JAMES AILSBROOK . Q.In the month of October in the last year, were you an officer of the excise stationed in Norfolk. - A. Yes, I was stationed at Casson. On the the 19th of that month, I went out with the other officers to intercept smuggled goods, without success, that night; we went again on the night of the 20th.

Q. Name the officers that were with you, it is not necessary that you should mention any body else. - A. There were Gosling, Cambridge, and several others.

Q. How long had you been waiting before you heard any thing that attracted your notice. - A. I suppose an hour; we went out about eight or nine, I heard several carts come in the road, where I was to intercept them. I left the other officers about a mile from where I was; upon hearing the carts coming on the road, I went to the other officers to come to my assistance; the other officers were waiting in another direction in case they should take another road. They came with me. I and the other officers followed the carts.

Q. How soon did you come up to them. - A. I suppose it might be half an hour or more. There might be ten or a dozen carts, I did not count them; they were loaded with tubs, they appeared like half anchors, just such as smuggled goods are carried about in the country; and there were several persons on foot, and seven or eight persons on horseback; I thought there might be a score or more; upon our coming up to them Mr. Gosling, the excise officer, stopped the first cart, and I stopped against the second cart: I told the man with the second cart if he attempted to take the goods, I would shoot him; he immediately jumped on the cart, and told me I might fire and be d - d, for we should not have the goods. We were immediately surrounded by a number of horsemen, that attended the carts, they began to flourish their bludgeons over our heads, and told us we should have nothing; we told them we would have the goods, or otherwise we would shoot them. Jeremiah Abel , who opposed me, told me to shoot an be d - d.

Q. Was he the man that you described to have got up in the cart. - A. No, he was one of the horsemen. The carts turned back, and the horsemen collected together to fill up the road, they all of them turned round; the carts were behind the horsemen; the horsemen crossed the road to prevent us from following of them; they formed a line with their heads towards our heads.

Q. Were you on horseback or on foot. - A. On horseback.

Q. How many of your party on horseback. - A. Four, three officers and another person; we immediately opposed the horsemen, and told them we would not be stopped, we broke through their ranks. They headed us again, after we had broke through the ranks.

Q. They turned upon you and past between you and the carts. - A. They did; I ordered every man on my side to cock their pistols. I was determined to have the goods.

Q. Was that order loud enough for the smugglers to hear you. - A. Yes, they then filled up the road again, they had faced about, they told us we should not go any further; I told Abel I would shoot him if he did not let me go forward, I pointed my pistol to Abel's breast; at that time another horseman had a stick over my arm; Abel flourished his stick over my head; he ordered the footmen to come forward, the footmen called out unhorse them.

Q. Where had the footmen been at the time they turned about. - A. When the carts turned round they went with the carts, they were in the rear of the horsemen; they came forward, we told them we were determined to fire; some of the horsemen ordered the blunderbuss to be brought forward, they called out bring forward the blunderbuss, put in an additional ball; we advanced and they attempted to fire upon us; I immediately pointed my pistol to the breast of Abel, and told him I was determined to shoot him; he then dared me to shoot him; I asked him if he had no person that wanted him, if he had not a wife and family that wanted him; he then damned me, and told me to come there with him. I followed him into a turnip field, he asked me what I wanted, there was ten pound for me, which I immediately accepted, and rode to the officers, and told them that he had bribed me; some of the horsemen came into the turnip field, and some stopped out; the horses and carts went forward. Jeremiah Abel came back after he went to the men, and told them what he had done; I saw him go away, and come back from the other men to me, and the other officers, and he said, I see you all know it, you are all satisfied; we immediately went to Casson-Wood-Row-house, and signed the notes; the carts went on.

Q. You marked the notes and afterwards left them at the house of the supervisor. - A. Yes, immediately; I left them with the supervisor's wife. It was impossible for us to make a seizure, by being opposed by the horsemen.

Q. The supervisors house was a considerable distance from you. - A. About as far as nine mile to the supervisor's house.

Q. Had it not been but for the great resistance, of a great number of persons, and their threats that they used should you have seized these things for the King. - A. Yes, we went out for that purpose.

ROBERT CAMBRIDGE . - Mr. Attorney General. You were one of the officers with Mr. Ailsbrook. - A. Yes.

Q. You went to seize smuggled goods. - A. Yes.

Q. Is the account that he gave true that carts passed you, and you went to Casson-Wood row house is that true. - A. Perfectly true.

Q. You endeavoured to seize the carts. - A. We did.

Q. Who opposed you. - A. Several persons, the prisoner, and Jeremiah Abel .

Q. Did you know the prisoner before that time. - A. No.

Q. Now give an account of the opposition you received. - A. At the first outset Mr. Gosling seized the forehorse of the second cart with two horses; with that I rid behind that cart that Mr. Gosling had stopped, to assist him; before I could well get round, the horsemen rode up to the number of seven or eight.

Q. Do you know who any of them horsemen were. - A. The prisoner, Jeremiah Abel and others. They asked us what we wanted; we told them we meaned to seize the goods, they all said we should not.

Q. Was Upcraft by. - A. He was.

Q. How nigh were you to Upcraft. - A. Some considerable way at the first onset.

Q. Did Upcraft afterwards come nearer to you. - A. Several times.

Mr. Attorney General. Where was it the first time that you saw him afterwards. - A. At East Dereham.

Q. That was on the occasion of the proceedings against Gee, the man they call Old Ben. - A. Yes.

Q. Did you hear him speak. - A. I did.

Q. When first you heard him speak, and observed his countenance, had you any doubt of his being the man. - A. None.

Q. When you met him at East Dereham did he say any thing to you about making this seizure. - A. Not any thing at that time on the afternoon; he said it was cruel, for Old Ben paid the whole of the fine; we gave them no chance, we

would not live nor let live, if we attacked them again there would be murded committed; I laughed at Upcraft, threatening that murder would be commited; I said that we carried plenty of arms, that our lives would be sold dear. Upcraft replied they were determined, they carried them, and they were able to use them as well as ourselves.

Court. What do you mean by they, who was it. - A. Upcraft said we shall use our fire arms if you ever attack us again.

Q. What made you desist from taking this seizure. - A. By there being such superior force.

Q. What was done with these notes. Do you know what past with these notes. - A. I know what past of the notes: Jeremiah Abel called Ailsbrook out into the turnip piece, when they came out Abel said it was settled, we went to Woodrow house and endorsed the notes, the day and minute it was done, and signed our respective names; we carried them that very night before the day light to the supervisors.

Mr. Att. General. Could you have seized these goods. - A. No we were prevented by number, both horse and foot; we should certainly have seized them, if it had not been for that resistance, and the number.

Q. What were the value of these goods that they had; were they worth two or three hundred pound or more. - A. Yes.

Q. They were small casks, such as smugglers carry spirits in. - A. Yes, they were slung; there were twelve or thirteen carts.

Q. These notes were not kept secret as a bribe, but declared immediately to the supervisor. - A. Yes.

Court. It is an odd circumstance these notes passing, you cannot tell me the value of the casks. - A. To the amount of a thousand pound.

MR. GOSLING. - Mr. Garrow. You were one of the officer on this occasion. - A. Yes.

Q. Did you attend to the examination of Mr. Ailsbrook. - A. I did.

Q. And the facts so far as related by him are correct. - A. I do not recollect any misstatement.

Q. Was the prisoner at the bar one of the number that were collected on the night we have been speaking of. - A. I cannot speak positively to him; I have seen him many times before. I firmly believe he was there, but I do not swear positively.

Q. What situation was the person in who you firmly believe to be the prisoner at the bar. - A. He was on horseback.

Q. How soon after this transaction did you see the prisoner. - A. Not till Mr. Ailsbrook went into the turnip field.

Q. I am not asking of that night, how long after that night was it that you saw him again. - A. Upon Gee's hearing, to the best of my recollection, on the 28th of November,

Q. When you first saw him on Gee's hearing at East Dereham, did it occur to you that he was one of the smugglers on that night. - A. The moment I saw him I recollected the situation he was in according to my own idea.

Q. What situation did he remain in while Ailsbrook and Abel went into the turnip field. - A. He remained in the road at the time I went up to him.

Q. Has that opinion that you formed on Gee's hearing remained unshaken down to this present time. - A. It is, I have no doubt at all but he was one of them.

Q. You accompanied the other officers into the public house and signed the notes. - A. No, I remained on horseback in the road; I went immediately with them to the supervisor's house, and left them notes with the wife, and related to her the circumstance under which they had been received.

MARY FRANKLIN . I live at Norwich.

Q. Do you know Upcraft. - A. Yes, he keeps the Bull and Rope, Norwich.

Q. In the month of October last year were you at his house for the purpose of nursing his wife. - A. Yes, I went on the 10th of October; I continued to attend her three weeks and four days, I attended her every day; I left her at eleven o'clock at night, sometimes it was twelve.

Q. Was the defendant at home or absent from home during all that time. - A. He was always at home.

Q. Was he out any night that you know of from ten o'clock till twelve. - A. No.

Q. Did you use to leave him in the house when you went to bed. - A. I did.

JOHN SECKER . - Mr. Gurney. Where do you live - A. At Hockering in Norfolk; I am a carpenter.

Q. Do you remember where you were at work prior to Old Michael day last. - A. Yes, at Mr. Botts at Fakenham; I finished that job on the 11th of October 1806. On the Monday I went to work at Mr. Upcraft's; I remained working for him from the 13th to the 24th I slept in his house every night except Saturday and Sunday; I returned again on the Monday, and slept there till the 24th.

Q. During the time you were there was Upcraft out or at home at nights. - A. He was always at home at night.

Q. From nine till twelve o'clock, can you say whether he was out or at home. - A. I can say he was at home till half after eleven at night; I can say every night.

Q. Was this the time you usually went to bed. - A. It was.

Q. Can you take upon yourself to say he was not any night at Casson at ten o'clock. - A. I can, that is ten miles from Norwich.

NOT GUILTY.

Second Middlesex Jury, before Mr. Baron Thompson.


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